The history of Pennsylvania, in North America, from the original institution and settlement of that province, under the first proprietor and governor William Penn, in 1681, till after the year 1742; : with an introduction, respecting, the life of the late W. Penn, prior to the grant of the province, and the religious society of the people called Quakers; --with the first rise of the neighbouring colonies, more particularly of West-New-Jersey, and the settlement of the Dutch and Swedes on Delaware. : To which is added, a brief description of the said province, and of the general state, in which it flourished, principally between the years 1760 and 1770. : The whole including a variety of things, useful and interesting to be known, respecting that country in early time, &c. : With an appendix. / Written principally between the years 1776 and 1780, by Robert Proud. ; [Four lines of quotations in Latin] ; Volume I[-II].

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The history of Pennsylvania, in North America, from the original institution and settlement of that province, under the first proprietor and governor William Penn, in 1681, till after the year 1742; : with an introduction, respecting, the life of the late W. Penn, prior to the grant of the province, and the religious society of the people called Quakers; --with the first rise of the neighbouring colonies, more particularly of West-New-Jersey, and the settlement of the Dutch and Swedes on Delaware. : To which is added, a brief description of the said province, and of the general state, in which it flourished, principally between the years 1760 and 1770. : The whole including a variety of things, useful and interesting to be known, respecting that country in early time, &c. : With an appendix. / Written principally between the years 1776 and 1780, by Robert Proud. ; [Four lines of quotations in Latin] ; Volume I[-II].
Author
Proud, Robert, 1728-1813.
Publication
Philadelphia: :: Printed and sold by Zachariah Poulson, Junior, number eighty, Chesnut-Street.,
1797[-1798].
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Subject terms
Penn, William, 1644-1718.
Penn, William, 1644-1718 -- Portraits.
Society of Friends.
Pennsylvania -- History -- Colonial period, ca. 1600-1775.
New Jersey -- History -- Colonial period, ca. 1600-1775.
New Sweden -- History.
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http://name.umdl.umich.edu/n24706.0001.001
Cite this Item
"The history of Pennsylvania, in North America, from the original institution and settlement of that province, under the first proprietor and governor William Penn, in 1681, till after the year 1742; : with an introduction, respecting, the life of the late W. Penn, prior to the grant of the province, and the religious society of the people called Quakers; --with the first rise of the neighbouring colonies, more particularly of West-New-Jersey, and the settlement of the Dutch and Swedes on Delaware. : To which is added, a brief description of the said province, and of the general state, in which it flourished, principally between the years 1760 and 1770. : The whole including a variety of things, useful and interesting to be known, respecting that country in early time, &c. : With an appendix. / Written principally between the years 1776 and 1780, by Robert Proud. ; [Four lines of quotations in Latin] ; Volume I[-II]." In the digital collection Evans Early American Imprint Collection. https://name.umdl.umich.edu/n24706.0001.001. University of Michigan Library Digital Collections. Accessed April 24, 2025.

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Page [unnumbered]

THE HISTORY OF PENNSYLVANIA.

CHAPTER I.

William Penn's chief design in the colonization of Penn|sylvania—cause and manner of obtaining the grant:—King Charles the second's royal charter to William Penn.—Boundary between Maryland and Pennsylvania, with the real extent and content of the latter.—The King's declaration.—Account of the province, terms of sale for land, and conditions of settlement published, with advice to the adventurers. —Free society of traders, &c.

IT has been mentioned, in the preceding intro|duction,* 1.1 in what manner William Penn became concerned in the province of West-New-Jersey,* 1.2 and a principal promoter of its colonization, in, or about, the year 1676. After which time, as before, it appears, in the annals of his life, that he was continually, and various ways, employed, in promoting the happiness of mankind, both in

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their religious and civil capacity; insomuch that his name is revered in a double respect, and ren|dered dear to posterity. The fruits of his labours have placed his conduct above the power of envy and detraction; which would pervert every good and laudable design to the vilest purposes, and represent the most generous actions, as arising from sordid and sinister views: evils, which always indicate their opposite virtues and true merit, and have their residence in base and low minds.

* 1.3The views of William Penn, in the colonization of Pennsylvania, were most manifest, the best and most exalted, that could occupy the human mind;* 1.4

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to render men as free and happy as the nature of their existence could possibly bear,* 1.5 in their civil capacity, and in their religious state, to restore to them those lost rights and privileges, with which God and nature had originally blessed the human race. This, in part, he effected; and, by those means, which Providence, in the following man|ner,* 1.6 put into his hands, he so far brought to pass, as both to excite the admiration of strangers, and to fix in posterity, that love and honor for his memory, which the length of future time will scarcely ever be able to efface.

It has already been observed,* 1.7 that the eminent public services of Admiral Penn had brought him in favor at court; to which favor his son, William Penn, succeeded, notwithstanding the singularity of the choice of his mode of life. There was a large sum of money due, from the government, to the Admiral, at the time of his death; much of

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which he himself had advanced for the sea service; the rest was for arrearages in his pay. In conse|quence of this debt, William Penn, in the summer of the year 1680, petitioned King Charles the se|cond, that letters patent might be granted him, for a tract of land, in America, lying north of Mary|land; on the east, bounded by Delaware river; on the west limited as Maryland; and northward to extend as far as plantable.

This was first laid before the Privy Council, and afterwards, the Lords of the committee of trade and plantations. After several meetings on the oc|casion, in which the objections, from the Duke of York, by his agent, Sir John Werden, as pro|prietor of that tract of Land, since called, the counties of New-Castle, Kent and Sussex, on De|laware; and from the Lord Baltimore, proprietor of Maryland, were fully heard and debated; the Lord Chief Justice North, and the Attorney-General, Sir William Jones, being consulted both respecting the grant itself,* 1.8 and also the form, or manner, of making it.* 1.9 The affair was at length, resulted in William Penn's favor; and he was, by charter, da|ted at Westminster, the fourth day of March, 1681, made and constituted full and absolute proprietor of all that tract of land and province, now called Pennsylvania, and invested with the powers of go|vernment of the same.* 1.10

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This charter consists of twenty-three sections. The preamble to which declares the reasons for the said grant were,* 1.11 "The commendable desire of Willian Penn to enlarge the British Empire, by pro|moting commodities of trade; reducing the savage natives, by gentle and just means, to the love of civil society, and the Christian religion, and by transplanting an ample colony into that unculti|vated country, together with the memorable ser|vices of his father Admiral Penn;" The whole is expressed in the following manner, viz.

"The Charter of Charles the second, of England, Scotland, France and Ireland, King,* 2.1 defender of the faith, &c. unto William Penn, proprietary and Governor of the province of Pennsylvania,

"Charles, by the grace of God, King of Eng|land, Scotland, France and Ireland, defender of the faith, &c. to all, to whom these presents shall come, Greeting:

"Whereas our trusty and well-beloved subject William Penn, Esquire,* 2.2 son and heir of Sir William Penn deceased, (out of a commendable desire to enlarge our British empire, and promote such use|ful commodities, as may be of benefit to us and our dominions, as also to reduce the savage Natives, by just and gentle manners, to the love of civil so|ciety, and christian religion hath humbly besought leave of US, to transport an ample colony unto a certain country, herein after described, in the parts of America, not yet cultivated and planted; and hath likewise so humbly besought our royal Ma|jesty to give, grant and confirm all the said country,

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with certain privileges and jurisdictions, requisite for the good government and safety of the said country and colony, to him, and his heirs for|ever.

Section I.

* 2.3"Know ye, therefore, that we, (favoring the petition and good purpose of the said William Penn, and having regard to the memory and merits of his late father, in divers services, and particularly to his conduct, courage and discretion, under our dearest brother James Duke of York, in that signal battle and victory, fought and ob|tained, against the Dutch fleet, commanded by the Heer Van Opdam, in the year 1665: In con|sideration thereof, of our special grace, certain knowledge, and mere motion) have given and granted, and, by this our present Charter, for us, our heirs and successors, do give and grant unto the said William Penn, his heirs and assigns, all that tract, or part, of land, in America, with the islands therein contained,* 2.4 as the same is bounded, on the east, by Delaware river, from twelve miles distance northwards of New-Castle town, unto the three and fortieth degree of northern latitude, if the said river doth extend so far northward, but if the said river shall not extend so far northward, then, by the said river, so far as it doth extend; and from the head of the said river, the eastern bounds are to be determined by a meridian line, to be drawn from the head of the said river, unto the said forty-third degree. The said land to extend westward five degrees in longitude, to be computed from the said eastern bounds; and the said lands to be bounded on the north by the beginning of the three and fortieth degree of northern latitude, and, on the south, by a circle, drawn at twelve miles dis|tance from New-Castle, northward and westward, unto the beginning of the fortieth degree of north|ern latitude; and then by a straight line westward to the limits of longitude above mentioned.

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Section II.

"We do also give and grant unto the said Wil|liam Penn,* 2.5 his heirs and assigns, the free, and un|disturbed use, and continuance in, and passage un|to, and out of all and singular ports, harbours,* 2.6 bays, waters, rivers, isles and inlets, belonging unto, or leading to, and from, the country, or islands aforesaid, and all the soils, lands, fields, woods, underwoods, mountains, hills, fenns, isles, lakes, rivers, waters, rivulets, bays and inlets, situated, or being within, or belonging to, the li|mits, or bounds, aforesaid, together with the fish|ing of all sorts of fish, whales, sturgeon, and all royal, and other fishes, in the seas, bays, inlets, waters, or rivers, within the premises, and all the fish taken therein; and also all veins, mines, mine|rals and quarries, as well discovered as not disco|covered, of gold, silver, gemms, and precious stones, and all other whatsoever, be it stones, metals, or of any other thing or matter whatso|ever, found, or to be found, within the country, isles, or limits, aforesaid.

Section III.

"And him, the said William Penn, his heirs and assigns, we do by this our royal charter, for us,* 2.7 our heirs and successors, make, create and consti|tute the true and absolute proprietary of the coun|try aforesaid, and of all other the premises; sav|ing always to us, our heirs and successors, the faith and allegiance of the said William Penn, his heirs and assigns, and of all other proprietaries, tenants and inhabitants, that are, or shall be, with|in the territories and precincts aforesaid; and sav|ing also unto us, our heirs and successors, the sovereignty of the aforesaid country; to have, hold, possess and enjoy the said tract of land, country, isles, inlets, and other the premises, unto the said William Penn, his heirs and assigns, forever, to be

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holden of us, our heirs and successors, kings of England, as of our castle of Windsor, in the county of Berks,* 2.8 in free and common soccage, by fealty only, for all services and not in capite, or by knight service: yielding and paying therefore to us, our heirs and successors, two Beaver skins, to be deli|vered at our castle of Windsor, on the first day of January,* 2.9 in every year; and also the fifth part of of all gold, and silver oar, which shall, from time to time, happen to be found within the limits afore|said, clear of all charges. And of our further grace, certain knowledge, mere motion, We have thought fit to erect, and we do hereby erect, the aforesaid country and islands into a province and seigniory,* 2.10 and do call it Pensilvania, and so from henceforth will have it called.

Section IV.

"And, for as much as, we have hereby made and ordained the aforesaid William Penn, his heirs and assigns, the true and absolute proprietaries of all the lands and dominions aforesaid, Know ye, therefore,* 2.11 that we (reposing special trust and con|fidence in the fidelity, wisdom, justice and provi|dent circumspection of the said William Penn) for us, our heirs and successors, do grant free, full and absolute power, by virtue of these presents, to him and his heirs, to his, and their deputies and lieutenants, for the good and happy government of the said country, to ordain, make and enact, and, under his and their seals, to publish any laws whatsoever, for the raising of money for public uses of the said province, or for any other end, appertaining either unto the public state, peace, or safety of the said country, or unto the private utility of particular persons, according unto their best discretion, and with the advice, assent and ap|probation of the freemen of the said country, or the greater part of them, or of their delegates, or deputies, whom, for the enacting of the said

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laws, when, and as often as need shall require, we will that the said William Penn, and his heirs shall assemble, in such sort and form,* 2.12 as to him and them shall seem best, and the same laws duly to execute, unto and upon all people, within the said country and limits thereof.

Section V.

"And we do likewise give and grant unto the said William Penn, and to his heirs,* 2.13 and their de|puties and lieutenants, full power and authority to appoint and establish any Judges and Justices, Magistrates, and other officers whatsoever, (for the probates of wills, and for the granting of ad|ministration within the precincts aforesaid, and with what power soever, and in such form, as to the said William Penn, or his heirs shall seem most conve|nient: also to remit, release,* 2.14 pardon and abolish (whe|ther before judgment or after) all crimes and of|fences whatsoever, committed within the said country, against the laws, (treason and wilful and malicious murder only excepted, and, in those cases, to grant reprieves, until our pleasure may be known therein) and to do all and every other thing and things, which unto the complete esta|blishment of justice, unto courts and tribunals, forms of judicature, and manner of proceedings do belong, although, in these presents, express mention be not made thereof; and by judges, by them delegated, to award process, hold pleas, and determine, in all the said courts and tribunals,* 2.15 all actions, suits and causes whatsoever, as well criminal as civil, personal, real and mixt; which laws, so as aforesaid, to be published, our plea|sure is, and so we enjoin, require and command, shall be most absolute and available in law; and that all the liege people and subjects of us, our heirs and successors, do observe and keep the same inviolably in those part, so far as they concern them, under the pain therein expressed, or to be expressed.

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Provided nevertheless,* 2.16 That the same laws be con|sonant to reason, and not repugnant, or con|trary, but, (as near as conveniently may be) agreeable to the laws and statutes, and rights of this our kingdom of England; and saving and re|serving to us, our heirs and successors, the receiv|ing,* 2.17 hearing and determining of the appeal and appeals of all, or any person, or persons, of, in, or belonging to the territories aforesaid, or touch|ing any judgment to be there made, or given.

Section VI.

"And, for as much as, in the government of so great a country, sudden accidents do often hap|pen, whereunto it will be necessary to apply remedy, before the freeholders of the said province, or their delegates, or deputies, can be assembled, to the making of laws; neither will it be convenient, that instantly upon every such occasion, so great a multitude should be called together: Therefore (for the better government of the said country) we will and ordain, and by these presents, for us, our heirs and successors, do grant unto the said William Penn and his heirs, by themselves, or by their Magistrates and officers, in that behalf, duly to be ordained,* 2.18 as aforesaid, to make and consti|tute fit and wholesome ordinances, from time to time, within the said country to be kept and observ|ed, as well for the preservation of the peace, as for the better government of the people there inha|biting; and publicly to notify the same to all per|sons, whom the same doth, or may any ways concern. Which ordinances our will and pleasure is shall be observed inviolably within the said pro|vince, under the pains therein to be expressed, so as the said ordinances be consonant to reason, and be not repugnant nor contrary, but (so far as con|veniently may be) agreeable with the laws of our kingdom of England, and so as the said ordinances

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be not extended, in any sort, to bind, change,* 2.19 or take away the right, or interest of any person, or persons, for, or in, their life, members, freehold,* 2.20 goods, or chattels. And our farther will and pleasure is, That the laws for regulating and go|verning of property within the said province, as well as for the descent and enjoyment of lands,* 2.21 as likewise for the enjoyment and succession of goods and chattels, and likewise as to felonies, shall be and continue the same, as they shall be for the time being by the general course of the law in our kingdom of England, until the said laws shall be altered by the said William Penn, his heirs or assigns, and by the freemen of the said province, their de|legates, or deputies, or the greater part of them.

Section VII.

"And to the end that the said William Penn, or his heirs, or other the planters, owners, or inhabitants of the said province may not, at any time hereafter (by misconstruction of the power aforesaid) through inadvertency, or design, de|part from that faith and due allegiance, which by the laws of this our realm of England, they and all our subjects, in our dominions and territories, always owe to us, our heirs and successors, by co|lour of any extent, or largeness of powers hereby given, or pretended to be given, or by force or colour of any laws hereafter to be made, in the said province, by virtue of any such powers;* 2.22 Our farther will and pleasure is, that a transcript or duplicate, of all laws, which shall be so, as afore|said, made and published within the said province, shall within five years after the making thereof, be transmitted and delivered to the Privy Council, for the time being, of us, our heirs and successors: And if any of the said laws, within the space of six months after that they shall be so transmitted and delivered, be declared by us, our heirs and

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successors, in our, or their Privy Council, incon|sistent with the sovereignty, or lawful prerogative of us, our heirs and successors, or contrary to the faith and allegiance, due to the legal government of this realm, from the said William Penn, or his heirs, or of the planters and inhabitants of the said province, and that thereupon any of the said laws shall be adjudged and declared to be void by us, our heirs and successors, under our, or their privy seal, that then, and from thenceforth such laws, concerning which such judgment and decla|ration shall be made, shall become void: other|wise the said laws, so transmitted, shall remain and stand in full force, according to the true in|tent and meaning thereof.

Section VIII.

* 2.23"Furthermore, that this new colony may the more happily increase by the multitude of people resorting thither; Therefore, we, for us, our heirs and successors, do give and grant, by these presents, power, licence, and liberty unto all the liege peo|ple and subjects, both present and future, of us, our heirs and successors, (excepting those, who shall be especially forbidden) to transport them|selves and families unto the said country, with such convenient shipping, as, by the laws of this our kingdom of England, they ought to use, and with fitting provision; paying only the customs there|fore due, and there to settle themselves, dwell and inhabit and plant, for the public, and their own private advantage.

Section IX.

"And furthermore, that our subjects may be the rather encouraged to undertake this expedition, with ready and chearful minds,* 2.24 Know ye, That we, of our special grace, certain knowledge, and mere motion, do give and grant, by virtue of these presents, as well unto the said William Penn,

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and his heirs, as to all others, who shall, from time to time, repair unto the said country, full licence to lade and freight, in any ports whatsoever of us, our heirs and successors, according to the laws made, or to be made, within our kingdom of England, and unto the said country, by them, their servants or assigns, to transport all and sin|gular their goods, wares and merchandizes, as likewise all sorts of grain whatsoever, and all other things whatsoever, necessary for food, or cloathing, not prohibited, by the laws and statutes of our kingdom and dominions, to be carried out of the said kingdom, without any let, or molesta|tion of us, our heirs and successors, or of any of the officers of us, our heirs or successors;* 2.25 saving al|ways to us, our heirs and successors, the legal im|positions, customs, or other duties and payments for the said wares and merchandizes, by any law of statute, due, or to be due, to us, our heirs and successors.

Section X.

"And we do further, for us, our heirs and successors, give and grant unto the said William Penn, his heirs and assigns,* 2.26 free and absolute power, to divide the said country and islands into towns, hundreds and counties, and to erect and incorporate towns into burroughs, and burroughs into cities, and to make and constitute fairs and markets therein, with all other convenient privi|leges and immunities, according to the merits of the inhabitants, and the fitness of the places, and to do all, and every other thing and things, touch|ing the premises, which to him, or them, shall seem meet and requisite; albeit they be such, as of their own nature might otherwise require a more special commandment and warrant, than, in these presents, is expressed.

Section XI.

"We will also, and, by these presents, for us, our heirs and successors, we do give and grant li|cence,

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by this our charter, unto the said William Penn, his heirs and assigns, and to all the inhabi|tants and dwellers in the province aforesaid,* 2.27 both present and to come, to import, or unlade, by themselves, or their servants, factors, or assigns, all merchandizes and goods whatsoever, that shall arise of the fruits and commodities of the said pro|vince, either by land or sea, into any of the ports of us, our heirs, or successors, in our kingdom of England, and not into any other country what|soever: and we give him full power to dispose of the said goods, in the said ports; and, if need be, within one year after the unlading of the same, to lade the said merchandize and goods again, into the same, or other ships, and to transport the same into any other countries, either of our do|minions, or foreign, according to law; provided always,* 2.28 that they pay such customs and impositions, subsidies and duties for the same, to us, our heirs and successors, as the rest of our subjects of our kingdom of England, for the time being, shall be bound to pay, and do observe the acts of naviga|tion, and other laws, in that behalf made.

Section XII.

* 2.29"And furthermore, of our ample and special grace, certain knowledge and mere motion, we do, for us, our heirs and successors, grant unto the said William Penn, his heirs and assigns, full and absolute power and authority, to make, erect and constitute, within the said province, and the isles and inlets aforesaid, such and so many sea ports, harbours, creeks, havens, keys, and other places, for discharging and unlading of goods and merchandize, out of the ships, boats, and other vessels, and landing them unto such, and so many places, and with such rights, jurisdictions, liberties and privileges, unto the said ports belong|ing, as to him and them shall seem most expedient; and that all, and singular the ships, boats and

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other vessels, which shall come for merchandize and trade, into the said province, or out of the same, shall be laden, or unladen, only at such ports as shall be created and constituted by the said William Penn, his heirs, or assigns, (any use, custom or thing to the contrary notwithstanding.) Provided, that the said William Penn and his heirs,* 2.30 and the Lieutenants and Governors, for the time being, shall admit and receive in and about all such havens, ports, creeks and keys, all officers and their deputies, who shall, from time to time, be appointed for that purpose by the farmers, or commissioners of our customs for the time being.

Section XIII.

"And we do further appoint and ordain, and by these presents, for us, our heirs and successors,* 2.31 we do grant unto the said William Penn, his heirs and assigns, that he, the said William Penn, his heirs and assigns, may, from time to time, for ever, have and enjoy the customs and subsidies, in the ports, harbours and other creeks, and places aforesaid, within the province aforesaid, payable, or due for merchandize and wares there to be laded and unladed, the said customs and subsidies to be reasonably assessed, upon any oc|casion, by themselves and the people there, as aforesaid to be assembled, to whom we give power by these presents, for us, our heirs and successors, upon just cause, and due proportion, to assess and impose the same; saving unto us, our heirs and successors, such impositions and customs, as, by act of Parliament, are, and shall be, appointed.

Section XIV.

"And it is our farther will and pleasure,* 2.32 that the said William Penn, his heirs and assigns, shall, from time to time, constitute and appoint an Attor|ney, or agent, to reside in, or near our city of Lon|don; who shall make known the place where he

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shall dwell, or may be found, unto the clerks of our privy council, for the time being, or one of them, and shall be ready to appear in any of our courts, at Westminster, to answer for any misde|meanor, that shall be committed, or by any wilful default, or neglect, permitted by the said William Penn, his heirs or assigns, against the laws of trade and navigation; and after it shall be ascertained, in any of our courts, what damages we, or our heirs, or successors, shall have sustained by such default, or neglect, the said William Penn, his heirs, or assigns, shall pay the same within one year, after such tax|ation, and demand thereof from such attorney; or in case there shall be no such attorney by the space of one year, or such attorney shall not make pay|ment of such damages, within the space of a year, and answer such other forfeitures and penalties, within the said time, as by acts of parliament, in England, are and shall be provided according to the true intent and meaning of these presents; then it shall be lawful for us, our heirs and successors, to seize and resume the government of the said pro|vince or country, and the same to retain, until payment shall be made thereof: but notwithstand|ing any such seizure, or resumption of the govern|ment, nothing concerning the propriety, or owner|ship, of any lands, tenements, or other heredita|ments, goods or chattels of any of the adventu|rers, planters or owners, other than the respective offenders there, shall any ways be affected or mo|lested thereby.

Section XV.

* 2.33"Provided always, and our will and pleasure is, that neither the said William Penn, nor his heirs, nor any other, the inhabitants of the said province, shall, at any time hereafter, have or maintain, any correspondence with any other king, prince or state, or with any of their subjects, who shall then be in war against us, our heirs and successors; nor

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shall the said William Penn, or his heirs or any other inhabitants of the said province, make war, or do any act of hostility against any other king, prince, or state, or any of their subjects, who shall then be in league or amity with us, our heirs and suc|cessors.

Section XVI.

"And because, in so remote a country, and situ|ate near many barbarous nations, the incursions as well of the savages themselves, as of other enemies, pirates and robbers, may probably be feared; Therefore, we have given, and, for us, our heirs and successors, do give power, by these presents, to the said William Penn, his heirs and assigns,* 2.34 by themselves, or their captains, or other their officers, to levy, muster and train all sorts of men, of what condition soever, or wheresoever born, in the said province of Pennsylvania, for the time being, and to make war, and to pursue the enemies and rob|bers aforesaid, as well by sea as by land, even, without the limits of the said province, and, by God's assistance, to vanquish and take them; and being taken, to put them to death, by the law of war, or to save them; at their pleasure, and to do all and every other thing, which unto the charge and office of a captain general of an army belong|eth, or hath accustomed to belong, as fully and freely as any captain general of an army hath ever had the same.

Section XVII.

"And furthermore, of our special grace, and of our certain knowledge and mere motion, we have given and granted, and, by these presents, for us, our heirs and successors, do give and grant unto the said William Penn, his heirs and assigns,* 2.35 full and absolute power, licence and authority, that he, the said William Penn, his heirs and assigns, from tune to time hereafter for ever, at his or their own

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will and pleasure, may assign, alien, grant, de|mise, or enfeoff of the premises so many, and such parts and parcels to him, or them, that shall be willing to purchase the same, as they shall think fit; to have and to hold to them, the said person, or persons willing to take and purchase, their heirs and assigns, in fee simple, or fee tail, or for the term of life, lives, or years, to be held of the said William Penn, his heirs, or assigns, as of the said seigniory of Windsor, by such services, customs, or rents, as shall seem meet to the said William Penn, his heirs, or assigns, and not immediately of us, our heirs or successors.

Section XVIII.

* 2.36"And to the same person, or persons, and to all and every of them, we do give and grant, by these presents, for us, our heirs and successors, li|cence, authority and power, that such person or persons, may take the premises, or any parcel thereof, of the aforesaid William Penn, his heirs, or assigns, and the same to hold to themselves, their heirs and assigns, in what estate of inheri|tance soever, in fee simple, or in fee tail, or other|wise, as to him the said William Penn, his heirs or assigns, shall seem expedient: The statute made, in the parliament of Edward, the son of King Henry late King of England, our predecessor (commonly called the statute, "Quia Emptores Terrarum," lately published in our kingdom of England) in in any wise notwithstanding.

Section XIX.

* 2.37"And by these presents, we give and grant li|cence unto the said William Penn and his heirs, and likewise to all, and every such person, or persons, to whom the said William Penn, or his heirs, shall, at any time hereafter, grant any estate, or inheri|tance, as aforesaid, to erect any parcels of land, within the province aforesaid, into manors, by and with the licence, to be first had and obtained, for

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that purpose,* 2.38 under the hand and seal of the said William Penn, or his heirs; and, in every of the said manors, to have and hold a Court-Baron, with all things whatsoever, which to a Court-Baron do be|long, and to have and to hold View of Frank Pledge, for the conservation of the peace, and the better government of those parts, by themselves, or their stewards, or by the lords for the time be|ing, of the manors to be deputed, when they shall be erected, and, in the same, to use all things be|longing to the View of Frank Pledge, And we do further grant licence and authority, That every such person, or persons, who shall erect any such manor, or manors, as aforesaid, shall, or may, grant all, or any part of his said land to any per|son, or persons, in fee simple, or any other estate of inheritance to be held of the said manors respec|tively, so as no further tenure shall be created, but that upon all further, or other alienations thereafter to be made, the said lands so aliened shall be held of the same lord and his heirs, of whom the aliener did then before hold, and by the like rents and services, which were before due and accustomed.

Section XX.

"And furthermore, our pleasure is, and by these presents, for us, our heirs and successors, we do covenant and grant to and with the said William Penn, his heirs and assigns, that we, our heirs and successors, shall, at no time hereafter,* 2.39 set, or make, or cause to be set, or made, any im|position, custom, or other taxation, rate, or con|tribution whatsoever, in and upon the dwellers and inhabitants of the aforesaid province, for their lands, tenements, goods, or chattels, within the said province, or in and upon any goods and mer|chandizes within the province, or to be laden, or unladen within the ports, or harbours of the said province, unless the same be with the consent of

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the Proprietary, or Chief Governor, or Assembly, or by act of parliament in England.

Section XXI.

* 2.40"And our pleasure is, and, for us, our heirs and successors, we charge and command, that this our declaration shall be from henceforth, from time to time, be received and allowed, in all our courts, and before all the judges of us, our heirs and successors, for a sufficient lawful discharge, payment and acquittance; commanding all the officers and ministers of us, our heirs and succes|sors,* 2.41 and enjoining them upon pain of our highest displeasure, that they do not presume, at any time, to attempt any thing to the contrary of the pre|mises, or that do, in any sort, withstand the same; but, that they be, at all times, aiding and assisting, as is fitting, to the said William Penn, and his heirs, and unto the inhabitants and merchants of the pro|vince aforesaid, their servants, ministers, factors and assigns, in the full use and fruition of the be|nefit of this our charter.

Section XXII.

* 2.42"And our farther pleasure is, and we do here|by, for us, our heirs and successors, charge and require, That, if any of the inhabitants of the said province, to the number of twenty, shall, at any time hereafter, be desirous, and shall, by any writing, or by any person deputed by them, signify such their desire to the bishop of London, for the time being, that any preacher, or preachers, to be approved of by the said bishop, may be sent unto them, for their instruction; that then such preacher, or preachers, shall and may reside within the said province, without any denial, or molestation whatsoever.

Section XXIII.

"And, if perchance hereafter any doubt or question should arise concerning the true sense and

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meaning of any word, clause, or sentence, con|tained in this our present charter, we will, ordain and command, that, at all times, and in all things,* 2.43 such interpretation be made thereof, and allowed, in any of our courts whatsoever, as shall be ad|judged most advantageous and favorable unto the said William Penn, his heirs and assigns: Provided always, no interpretation be admitted thereof, by which the allegiance due unto us, our heirs and successors, may suffer any prejudice or diminution; although express mention be not made, in these presents, of the true yearly value, or certainty of the premises, or any part thereof, or of other gifts and grants, made by us, and our progenitors, or predecessors, unto the said William Penn: Any sta|tute, act, ordinance, provision, proclamation, or restraint, heretofore had, made, published, or|dained, or provided, or any other thing, cause, or matter whatsoever, to the contrary thereof in any wise notwithstanding. In Witness whereof we have caused these our letters to he made patent: Witness Ourself, at Westminster, the fourth day of March,* 2.44 in the three and thirtieth year of our reign, Anno|que Domini one thousand six hundred and eighty-one.

"By writ of Privy Seal, PIGOTT.

By the first section of this charter the extent and boundary of the province are expressed in such plain terms,* 2.45 that it might reasonably be supposed they could not well, or easily, be misunderstood: three degrees of latitude, included and bounded, between the beginning of the fortieth, and the be|ginning of the forty-third degree of north latitude, equal to about two hundred and eight English sta|tute miles, north and south, with five degrees of longitude, westward from Delaware river, which, in the parrallel of forty-one degree, are equal to

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nearly two hundred and sixty-five miles, east and west, are as clearly and manifestly expressed to be granted to the proprietary of Pennsylvania, as words can do it; and we are otherwise sufficiently certi|fied that the same space, or quantity of land, was intended by the King to be included in the said grant; yet the dispute between the proprietaries of Maryland and Pennsylvania, on this point, was afterwards remarkable, and of many years conti|nuance; occasioned by each of the respective pro|prietaries claiming to himself the whole space, or extent, of the land, contained in the fortieth de|gree of latitude; which was the north boundary of Maryland, by patent of that province; and which, though prior to that of Pennsylvania, spe|cifies, or assigns, no particular part of the said de|gree, for the boundary, as the Pennsylvania grant doth: which space, or degree, containing near se|venty English miles in breadth, north and south, and in length westward, so far as Maryland ex|tends, was no small matter to occasion a dispute.

But notwithstanding the clearness of the terms, by which the boundary between the said pro|vinces, is expressed in their respective charters, as above mentioned, yet this dispute was, at length, in the year 1732, finally settled chiefly in favor of Maryland; by fixing the said boundary between the two provinces, only fifteen miles due south of the most southerly part of Philadelphia, or in the parallel of 39 degrees, 44 minutes nearly, instead of 39 degrees, or at the beginning of the fortieth degree, as mentioned and intended by charter; which renders the real extent of Pennsylvania,* 2.46 north and south, only about 155 miles, instead of 208, and makes the square miles, in the pro|vince about 41,000, and the number of acres, 26,288,000 or near twenty-six millions.

In consequence of this charter, on the second day of April, next ensuing, the King issued a declara|tion

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to the inhabitants and planters of Pennsylvania, expressive of the grant, describing the bounds of the province,* 2.47 and enjoining them to yield all due obedience to the proprietary, &c. according to the powers granted by the said charter."* 2.48

Willam Penn,* 3.1 having obtained these proper requi|sites, immediately published such account of the province, as could then be given; with the royal charter, and other papers relative thereto, offering easy terms of sale for lands, viz. forty shillings sterling for one hundred acres, and one shilling per

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annum. forever;* 3.2 and good conditions of settle|ment, to such as chose to be adventurers in the new country.

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This offer and invitation, to the people, he mix|ed, or qualified, with such Christian caution and advice, as indicated a real concern both for their temporal and eternal felicity, which he closed in these words:—

—"To conclude,* 3.3 I desire all my dear country-folks, who may be inclined to go into those parts, to consider seriously the premises, as well the inconveniency as future ease and plenty; that so none may move rashly, or from a fickle, but from a solid, mind; having, above all things, an eye to the providence of God, in the disposing of them|selves; and I would further advise all such, at least, to have the permission, if not the good liking, of their near relations; for that is both natural, and a duty incumbent upon all. And by this will na|tural affections be preserved, and a friendly and profitable correspondence between them; in all which I beseech Almighty God to direct us; that his blessing may attend our honest endeavours; and then the consequence of all our undertakings will turn to the glory of his great name, and all true happiness to us, and our posterity. Amen."

Oh publishing these proposals, a great number of purchasers soon appeared, in London, Liverpool,* 3.4 and especially about Bristol; among these were James Claypole, Nicholas Moore, Philip Forde, and others, who formed a company, called, The free society of Traders in Pennsylvania. These last men|tioned persons, with William Sharloe, Edward Pierce, John Simcock, Thomas Bracy and Edward Brooks, having purchased 20,000 acres of land, in trust for the said company, published articles of

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trade, and entered into divers branches thereof themselves; which were soon improved upon by others.

CHAPTER II.

Conditions, or concessions published.—Sailing of the first ship for Pennsylvania.—Joseph Kirkbride, &c.—The Proprietor's manner of treating the In|dians. —His letter to them.—First frame of govern|ment and laws published.—Part of the preface to the same.—Purport of the frame, and one of the laws.—Duke of York's deed of re-lease to William Penn.—The territories obtained, &c.—Boundary between the territories and Maryland.—

* 3.5THE proprietary, having already made consi|derable sales of land, agreed with the adventurers and purchasers on the first deed of settlement, which in part, may be regarded as an essay towards a constitution of government, according to the pow|ers granted him by charter. It consists chiefly of certain rules of settlement, of treating the Indians with justice and friendship; and of keeping the peace, agreeable to the customs, usages and laws of England, to be observed on their arrival in the coun|try, and there to be altered, on occasion. This compact is published, under the title of, "Certain conditions, or concessions, agreed upon by William Penn, Proprietary and Governor of the province of Pennsylvania; and those, who are the adventurers and purchasers, in the same province, the 11th. of July, 1681."* 3.6 Which may be seen at length, in the appendix, No. I.

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Three ships sailed for Pennsylvania this year; two from London, and one from Bristol. The John and Sarah, from London,* 3.7 commanded by Henry Smith, is said to have been the first that arrived there; the Amity, Richard Dimon, master, from the same place, with passengers, was blown off, to the West-Indies; and did not arrive at the pro|vince, till the spring of the next year; the Bristol Factor, Roger Drew, commander, arrived at the place, where Chester now stands, on the 11th. of December; where the passengers, seeing some houses, went on shore, at Robert Wade's landing, near the lower side of Chester-creek; and, the ri|ver having froze up that night, the passengers re|mained there all the winter.* 3.8

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In one of these ships sailed William Markham, a relation of the proprietary; whom he had ap|pointed his Deputy Governor,* 3.9 and joined with him certain commissioners, to confer with the In|dians, or Aboriginies, of the country, respecting their lands; and to confirm with them a league of peace. These Commissioners he enjoined to treat them with all possible candour, justice and hu|manity.

* 3.10To cultivate a right understanding with these na|tives, by a kind, gentle and just treatment and usage, was an affair of great importance to the fu|ture happiness and prosperity of the province; which good policy alone, even, from views of temporal interest, in such a case, would point out; yet notwithstanding this, the unhappy effects of a contrary conduct, or a neglect in this particular, had been frequently and long experienced, in some other provinces, to their great detriment, and ruin|ous consequences.

* 3.11But William Penn appears to have acted from higher, and more disinterested motives, in refer|ence to these people, than from those of mere temporal advantage only; which, it is manifest, he never received from the province, in any respect whatever, during a life of near thirty-seven years continuance after this time; but lost much by it. His ideas were more exalted, than to be confined within the narrow view of a temporary interest alone, and his conduct respecting these poor, igno|rant and savage people, declared his regard for universal justice, and the natural rights of mankind; tending to impress on their minds, as was his con|cern for all others, a proper sense of eternal justice, and the happy effects of friendship, love and peace; than which nothing can have a stronger influence on the rational and considerate mind, to keep it within the due bounds of justice and truth. The first specimen, that I find, of his manner of treat|ing

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these people, appears in the following letter, which he sent them, on this occasion, by his de|puty and commissioners; wherein, without per|plexing and confusing their untutored ideas, with fine-spun and unintelligible notions, and forms of belief, so common to some ecclesiastics, he adapts his subject to their understandings, in the following plain and simple manner.

London, the 18th. of the Eighth month 1681.

My Friends,

There is a great God and power, that hath made the world, and all things therein; to whom you and I, and all people owe their being,* 4.1 and well-being; and to whom you and I must one day give an account, for all, that we do in the world.—

This great God hath written his law in our hearts, by which we are taught and commanded to love and help, and do good to one another. Now this great God hath been pleased to make me concerned in your part of the world; and the King of the country, where I live, hath given me a great province therein; but I desire to enjoy it with your love and consent; that we may always live together, as neighbours and friends; else what would the great God do to us, who hath made us, not to devour and destroy one another, but to live soberly and kindly together, in the world? now I would have you well observe, that I am very sensible of the unkindness and injustice, that have been too much exercised towards you, by the people of these parts of the world; who have sought themselves, and to make great advantages by you, rather than to be examples of goodness and patience unto you; which I hear hath been a matter of trouble to you, and caused great grudg|ing and animosities, sometimes to the shedding of blood; which hath made the great God angry. But I am not such a man; as is well known in

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my own country. I have great love and regard towards you; and desire to win and gain your love and friendship, by a kind, just and peaceable life; and the people I send,* 4.2 are of the same mind, and shall, in all things, behave themselves accordingly; and, if in any thing, any shall offend you, or your people, you shall have a full and speedy satis|faction for the same, by an equal number of just men, on both sides; that, by no means you may have just occasion of being offended against them.

I shall shortly come to you myself; at which time, we may more largely and freely confer and discourse of these matters; in the mean time I have sent my commissioners to treat with you about land, and a firm league of peace; let me desire you to be kind to them, and the people, and receive these presents and tokens, which I have sent you, as a testimony of my good will to you, and my reso|lution to live justly, peaceably and friendly with you.

I am your loving friend, William Penn.

* 4.3In the beginning of the year 1682, William Penn published his frame of government, and certain laws,* 4.4 agreed on, in England, by himself and the purchasers under him, entitled, "The frame of the government of the province of Pennsylvania, in America; together with certain laws, agreed upon, in England, by the Governor, and divers freemen of the aforesaid province. To be further explained and confirmed there, by the first Provincial Council, that shall be held, if they see meet." Which frame, &c. may be seen in the appendix, No. II.

In the preface to this frame is exhibited a sketch of the author's sentiments on the nature of go|vernment, in general, his reflections on the diffe|rent modes of it, and his inducement for forming his. It may serve to give some idea of the judg|ment of the Quakers, in general, on this subject,

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respecting which they have frequently been misre|presented; I shall, therefore, here give the follow|ing extract from it.—The author, after having quoted several parts of the sacred scriptures, rela|tive to government, proceeds, in the following words:

—"This settles the divine right of government beyond exception,* 4.5 and that for two ends; first, to terrify evil doers; secondly, to cherish those, that do well; which gives government a life be|yond corruption; and makes it as durable, in the world, as good men shall be. So that go|vernment seems to me a part of religion itself; a thing sacred, in its institution and end. For, if it does not directly remove the cause, it crushes the effects of evil; and is, as such, a lower, yet an emanation of the same divine power, that is both author and object of pure religion; the dif|ference lying here; that the one is more free and mental, the other more corporal and compulsive, in its operation: but that is only to evil-doers; govern|ment itself being otherwise as capable of kindness, goodness and charity, as a more private society.

"They weakly err, that think there is no other use of government, than correction; which is the coarsest part of it: daily experience tells us, that the care and regulation of many other affairs, more soft, and daily necessary, make up much the greater part of government; and which must have followed the peopling of the world, had Adam never fallen; and will continue among men, on earth, under the highest attainments, they may arrive at, by the coming of the blessed second Adam, the Lord from Heaven."—

As to the modes, he further observes,—"I do not find a model in the world, that time, place,* 4.6 and some singular emergencies, have not necessa|rily altered; nor is it easy to frame a civil govern|ment, that shall serve all places alike;".—"Any

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government is free to the people under it (what|ever be the frame) where the laws rule, and the people are a party to those laws; and more than this is tyranny, olygarchy, or confusion."—

"There is hardly one frame of government, in the world, so ill designed by its first founders, that, in good hands, would not do well enough; and history tells us, the best, in ill ones, can do nothing, that is great and good; Witness, the Jewish and Roman states. Governments, like clocks, go from the motion, men give them; and as governments are made and moved by men, so by them are they ruined too. Wherefore, go|vernments rather depend upon men, than men upon governments. Let men be good, and the government cannot be bad; if it be ill, they will cure it. But, if men be bad, let government be never so good,* 4.7 they will endeavour to warp and spoil it to their turn."—"That, therefore, which makes a good government, must keep it, viz. Men of wisdom and virtue; qualities, that, be|cause they descend not with worldy inheritances, must be carefully propagated by a virtuous educa|tion of youth; for which after ages will owe more to the care and prudence of founders, and the suc|cessive Magistracy, than to their parents, for their private patrimonies."

"These considerations," (several of which, for brevity, are here omitted) of the weight of go|vernment, and the nice and various opinions about it, made it uneasy to me to think of publishing the ensuing frame, and conditional laws, foreseeing both the censures, they will meet with, from men of differing humours and engagements, and the occasion they may give of discourse beyond my design."

"But, next to the power of necessity (which is a sollicitor, that will take no denial) this induced me to a compliance, that we have, (with reve|rence

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to God, and good conscience to men) to the best of our skill, contrived and composed the frame and laws of this government,* 4.8 to the great end of government, viz. To support power in reve|rence with the people, and to secure the people from the abuse of power; that they may be free by their just obedience, and the Magistrates honourable, for their just administration; for liberty without obedience is confusion; and obedience without li|berty is slavery. To carry this evenness, is partly owing to the constitution, and partly to the Ma|gistracy: where either of these fail, government will be subject to convulsions; but where both are wanting, it must be totally subverted: then, where both meet, the government is like to endure; which I humbly pray, and hope, God will please to make the lot of this of Pennsylvania. Amen."

The frame itself consisted of twenty-four arti|cles; and the laws were forty.* 4.9 By the former the government was placed in the Governor and Freemen of the province, in the form of a pro|vincial council, and General Assembly. By them conjunctively all laws were to be made, all officers appointed, and all public affairs transacted. Se|venty-two was the number of the Council, to be chosen by the freemen; and though the Governor, or his deputy, was to be perpetual President, he had but a treble vote. One-third part of them was, at first, to be chosen for three years, one-third for two years, and one-third for one year; in such manner, that there might be an annual suc|cession of twenty-four new members, each to conti|nue three years, and no longer.—The General As|sembly was, the first year, to consist of all the free|men, afterwards of two hundred, and never to ex|ceed five hundred. And this charter, or form of government, was not to be altered, changed, or diminished, in any part, or clause of it, without the consent of the Governor, his heirs, or assigns,

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and six parts of seven of the freemen, in Provin|cial Council and Assembly. And to the same power only was the alteration of the laws made subject: these laws were of the nature of an ori|ginal compact between the proprietary and the freemen; and, as such, were reciprocally received and executed: one of them was,

"That all persons living in this province, who confess and acknowledge the one Almighty and Eternal God to be the Creator,* 4.10 Upholder and Ru|ler of the world, and that hold themselves obliged, in conscience, to live peaceably and justly in civil society, shall, in no ways, be molested, or preju|diced, for their religious perswasion, or practice, in matters of faith and worship; nor shall they be compelled, at any time, to frequent, or maintain, any religious worship, place, or ministry what|ever."

Morover, the proprietary, to prevent all future claim, or, even, pretence of claim, that might be made,* 4.11 of the province by the Duke of York, or his heirs, obtained of the said Duke his deed of release for the same, dated the 21st. of August, 1682.* 4.12

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Besides, as an additional territory to the pro|vince, he also, this year, 1682, procured of the duke of York, his right, title and interest,* 5.1 in that tract of land, since called the The three lower coun|ties on Delaware, extending from the south boun|dary of the province, and situated on the western side of the said river and bay of Delaware, to cape Hinlopen, beyond, or south of Lewistown; which, by the Duke were made over to William Penn, his heirs and assigns, by two deeds of Feoffment, da|ted, August 24th. 1682. The first deed was for the town of New-Castle, alias Delaware town, and a district of twelve miles round it, as far as the river Delaware; in the second, of the same date, was comprehended that tract of land, from

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twelve miles south of New-Castle to the Hoarkills, otherwise called Cape-Hinlopen, divided into two counties, Kent and Sussex; which, with New-Castle district,* 5.2 were commonly called, the territories of Pennsylvania; or the three lower counties upon Dela|ware.* 5.3

* 5.4The determining and fixing the precise boun|dary between this territory and Maryland, as well as that between the respective provinces, becom|ing afterwards a subject of dispute between William Penn and the Lord Baltimore, will hereafter more fully appear, in the course of this history. For

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though prior to making out the grant of both the province and territory, the Lord Baltimore was du|ly informed, fully heard, and all his objections answered, on the subject, before the lords of trade and plantations; where the precise southern boundary of Pennsylvania, as expressed in the charter, must necessarily have been mentioned to him, as appears by the minutes of the committee of the said board; yet he afterwards claimed not only the whole territory of the lower counties, but also one degree of north latitude included in the grant of Pennsylvania, as coming within his pa|tent.

The boundary and extent of the former was determined by an order of council, the King being present, in November, 1685; but it was long before it was put in execution, said to be occasioned principally by the delays and obstructi|ons of the Lord Baltimore. But the line, or boundary between the two provinces doth not appear to have been precisely and finally fixed during the life of William Penn; or, till the year 1732; which will be mentioned in its proper place.

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CHAPTER III.

William Penn sails for Pennsylvania.—Writes a valedictory epistle to his friends in England.—Ar|rivers in the Delaware.—His reception in the coun|try.—Holds an Assembly at Upland, (Chester.)— Passes an act of union between the province and territory.—Naturalizes the foreigners.—Passes the laws agreed on in England, in form.—Preamble to said laws, with their titles.—He visits New York and Maryland; and treats with the Lord Baltimore, respecting the boundaries.—Extracts from two of his letters, respecting his employment in the country, and in vindication of himself from some undue reflections.—The Proprietor purchases lands of the Indians.—and treats them with great justice and kindness.—The happy consequences, with instances of the affectionate remembrance of William Penn.

* 5.5WILLIAM PENN had, for a considerable time past, been making preparation for his voyage to America;* 5.6 which being, at last, accomplished, in The Sixth month (August) this year, 1682, accom|panied by a number of his friends, he want on board the ship, Welcome, of 300 tons burden, Robert Green|away, commander; and on the 30th. of the same month, he writ, from the Downs, a valedictory epistle to England, containing "A salutation to all faithful friends."* 5.7

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The number of passengers, in this ship, was about one hundred, mostly Quakers; the maor part of them from Sussex, the Proprietary's pla•••• of residence. In their passage,* 5.8 many of them were taken sick of the small pox; and about thirty of their number died. In this trying situation, the acceptable company of William Penn is said to have been of singular advantage to them, and his kind advice and assistance of great service, during their passage; so that, in the main, they had a prosperous voyage; and, in little more than six weeks, came in sight of the American coast, sup|posed to be about Egg-Harbour, in New-Jersey.

In passing up the Delaware, the inhabitants,* 5.9 consisting of English, Dutch and Swedes, indis|criminately met the Proprietary, with demonstra|tions of joy. He landed at New-Castle, on the 24th. of October; and next day had the people summoned to the Court-house; where, after pos|session of the country was legally given him, he made a speech to the old Magistrates, and the peo|ple, signifying to them the design of his coming, the nature and end of government, and of that more particularly, which he came to establish; assuring them of their spiritual and temporal rights; liberty of conscience, and civil freedoms; and, recom|mending them to live in sobriety and peace, he renewed the magistrates commissions.* 5.10

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After this he proceeded to Upland, now called Chester; where, on the fourth day of the Tenth month, (about three months after his sailing from England) he called an Assembly.* 5.11 It consisted of equal numbers of members for the province, and the three lower counties, called the Territories; that is, for both of them, so many of the free|men as thought proper to appear, according to the 16th. article of the frame of government.

This Assembly chose Nicholas Moore, who was president of the Free society of traders, for their chair-man, or speaker; and received as ample sa|tisfaction from the Proprietary, as the inhabitants of New-castle had done; for which they returned him their grateful acknowledgments: The Swedes for themselves, deputed Lacy Cock to acquaint him, "That they would love, serve and obey him with all they had;" declaring, "that it was the best day they ever saw."

* 5.12At this Assembly an act of union was passed, annexing the three lower counties to the province, in legislation, on the 7th. day of December, 1682; likewise an act of settlement, in reference to the frame of government which, with some alterations, was thereby declared to be accepted and confirmed.

The Dutch, Swedes, and other foreigners were then naturalized: all the laws, agreed on in En|gland, with some small alterations, were passed in form.* 5.13

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The meeting continued only three days; and notwithstanding the great variety of dispositions, rawness and inexperience of this Assembly, in af|fairs of this kind, yet a very remarkable candour and harmony prevailed among them.

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* 5.14The proprietary, prior to his meeting this Assem|bly, appears to have paid a visit to New-York; and immediately after the adjournment of it, he went to Maryland;* 5.15 where he was kindly received by the Lord Baltimore, and the principal persons of that colony. There the two proprietaries held a conference respecting the fixing and settling the boundaries between the two provinces:* 5.16 but the severity of the season coming on, and there being no appearance of speedily determining the affair, after two days spent on the occasion, they appoin|ted to meet again in the spring, and William Penn took his leave and departed, the Lord Baltimore accompanying him several miles, to the house of

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one William Richardson;* 5.17 from whence he pro|ceeded two miles further, to a religious meeting of his friends, the Quakers, at the house of Tho|mas Hooker; and from thence to Choptank, on the eastern side of Chesapeak-bay; where was an appoint|ed meeting of persons of divers ranks and qualities.

Thus proceeded William Penn,* 5.18 with much fa|tigue, difficulty and expense, to settle the province, establish the government, and cultivate a good understanding with his neighbours; though not without enemies and oppositions of different kinds, as will hereafter more fully appear; and that, even, from some, who had been his friends;* 5.19 as may be seen by the following extract from the printed account of his life, about this time, viz.— "Nor was the advancement of himself, or family, in worldly wealth and grandeur, his aim, in the

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administration of government; but, in the greatest honor of his public station, he still retained the meekness and humility of a private Christian; the sincerity of his intentions, and with what zeal and ardour he pursued a general good, are best ex|pressed by his own woods, in a letter written in Pennsylvania, the later part of this year, (1682) to a person, who had unduly reflected on him," viz.

* 6.1—I could speak largely of God's dealings with me, in getting this thing; what an inward exercise of faith and patience it cost me, in pass|ing. The travail was mine, as well as the debt and cost;—through the envy of many, both professors, false friends, and profane: my God hath given it me, in the face of the world; and and it is to hold it in true judgment, as a reward of my sufferings: and that is seen here, whatever some despisers may say or think. The place God hath given me; and I never felt judgment for the power I kept, but trouble for what I parted with. It is more than a worldly title, or patent, that hath cloathed me in this place.—

Keep thy place; I am in mine; I have served the God of the whole earth, since I have been in it; nor am I sitting down in a greatness, that I have denied.—I am day and night spending my life, my time, my money, and am not six pence enriched by this greatness: costs in getting, set|tling, transportation and maintenance, now in a public manner, at my own charge, duly conside|red, to say nothing of my hazzard, and the dis|tance I am from a considerable estate, and, which is more, my dear wife and poor children,

Well,—the Lord is God of righteous judg|ment: had I sought greatness, I had stayed t home; where the difference between what I am here, and was offered, and could have been there, in power and wealth, is as wide as the places are:—No, I came for the Lord's sake, and there|fore

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have I stood to this day, well and diligent, and successful, blessed be his power.—"Nor shall I trou|ble myself to tell thee what I am to the people of this place, in travails, watchings, spendings, and my servants every way freely, not like a selfish man; I have many witnesses.—"To conclude, it is now in friends hands; through my travail, faith and patience it came."—"If friends here keep to God, in the justice, mercy, equity, and fear of the Lord, their enemies will be their foot-stool: if not their heirs and my heirs too, will lose all; and desola|tion will follow.—but blessed be the Lord, we are well, and live in the dear love of God, and the fellowship of his tender heavenly spirit; and our faith is for ourselves and one another, that the Lord will be with us, a King and Counsellor for ever.

Thy ancient, though grieved, friend, WILLIAM PENN.

Chester, 5th. of the Twelfth month, 1682.

The Proprietary,* 6.2 being now returned from Ma|ryland to Coaquannock, the place so called by the Indians, where Philadelphia now stands, began to purchase lands of the Natives; whom he treated with great justice and sincere kindness, in all his dealings and communications with them; ever giv|ing them full satisfaction for all their lands &c. and the best advice for their real happiness; of which their future conduct shewed they were very sensi|ble; and the country afterwards reaped the benefit of it.* 6.3

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It was at this time, (1682) when he first enter|ed personally into that lasting friendship with the Indians,* 6.4 which ever afterwards continued between them; and for the space of more than seventy years was never interrupted; or, so long as the Quakers, to whom, even, long after his death, they always continued to shew the greatest regard, retained power, in the government, sufficient to influence a friendly and just conduct towards them, and to prevent, or redress, such misunderstandings and grievances, as occasionally happened between them, and any of the inhabitants of the province, &c. A firm peace was, therefore, now reciprocally con|cluded between William Penn and the Indians; and both parties mutually promised to live together as brethren, without doing the least injury to each other. This was solemnly ratified by the usual token of a chain of friendship and covenant indeli|ble, never to be broken, so long as the sun and moon endure.

* 6.5Of this kind of conferrence he afterwards had many others, and some on a religious account, dur|ing both times of his residence in the country. His conduct, in general, to these people, was so engaging, his justice, in particular, so conspicu|ous, and the counsel and advice, which he gave them, were so evidently for their advantage, that he became thereby very much endeared to them; and the sense thereof made such deep impressions on their understandings, that his name and memory

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will scarcely ever be effaced, while they continue a people.* 6.6

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That they retain these things, and hand them, by tradition, from father to son, many instances have since more particularly shewn; of which one was in 1721,* 6.7 several years after the death of Wi|lliam Penn; in a conferrence between Governor Keith and the Five Nations, held at Conestogo, in Pennsylvania. Their Chief Speaker, with a coun|tenance, which shewed great respect, said—

"They should never forget the council, that Wil|liam Penn gave them; and that though they could not write, as the English did, yet they could keep, in the memory, what was said in their councils.

At the treaty renewed, in the year following, at Albany, they mentioned the name of William Penn with great affection, calling him, a good man.— And, as their highest compliment to Governor Keith, they used this expression, "we esteem and love you as if you were William Penn himself: telling him, "Brother Onas," (which in their language signifies, a Pen, and by which name they call the Governors of Pennsylvania ever since it was first settled by William Penn) "we are glad to hear the

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former treaties, which we have made with William Penn, repeated to us again."—

Upon the Governor's replying, "That he de|sired this visit, and the covenant chain, which is hereby brightened, may be recorded in everlasting remembrance, to be sent down to your and our children, to last as long as the mountains and ri|vers, and while the sun and moon endure:"— They answered,—"We desire that peace and tran|quillity, which is now established between us, may be as clear as the sun, shining in its lustre, with|out any cloud or darkness; and that the same may continue forever."—

These instances, among many others, that may be given, together with the consequent correspond|ing behaviour of these people, may shew what a grateful remembrance they retained of William Penn's fair and candid conduct towards them; and what an happy influence a just and friendly treat|ment has on, even, savage minds.

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CHAPTER IV.

Arrivals of colonists in the first year, and early times, with their general character.—Some of their settlements, and rapid improvements, with the names and memorials of divers of them, &c.—Difficulties and hardships of the first and early settlers; but they prosper.—Part of the planter's speech to his neighbours and countrymen.—Richard Townsend's testimony, respecting the prosperity of Pennsylvania from the first settlement of it, for above forty years.

* 6.8WITHIN the space of the first year, after the proper requisites for a regular settlement were ob|tained, between twenty and thirty sail of ships, with passengers, arrived in the province, including those which came before, and about the same time with the Proprietary. The settlers amounted to such a large number, that the parts near De|laware were peopled in a very rapid manner, even from about the falls of Trenton, down to Chester, near fifty miles, on the river; besides the settle|ments in the lower counties, which, at the same time, were very considerable: for the first settle|ments, for the most part, were made nigh the river, according to the different shares of land, which were respectively allotted for each settler; as may be seen in an old map of the first settled parts of the province.* 6.9

* 6.10As the first colonists, and those who followed, for a number of years afterwards, were more ge|nerally of the religious people called Quakers;

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and in their native country had suffered much on account of their religion,* 6.11 both in person and pro|perty, through the persecuting bigotry of those times; so, on their arrival, their great and pri|mary concern is said to have been the continuance and support of their religious public worship, in every part of the country, where they made settle|ments, in such manner as their situation and cir|cumstances then permitted; and though the gene|rality of them were not ranked among the rich and great, yet many had valuable estates, were of good families and education; and mostly sober, industrious and substantial people, of low, or moderate fortunes, but of universal good reput+tion and character.* 6.12

They appear, in general,* 6.13 to have been provi|dent, and cautious, in their removal; so that rash|ness and inconsideration, so common in new at|tempts

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of this kind, was not for the most part, much observable among them, in this important undertaking. Many of them brought servants,

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and had provided themselves with food and rai|ment, for such a space of time, after their arrival, as, it might be reasonably supposed their care and industry would afterwards procure necessary sub|sistence in the province: besides, sufficient quantities of household furniture, utensils, implements and tools, for divers of the first most useful, and ne|cessary trades and occupations were previously provided and brought by not a few of them.

The nature of both their religious and civil system and conduct, in general, was so reasonable, generous and inviting that as they became known, and the same thereof spread abroad, great numbers of people were induced to flock to the province, from different parts of Europe; and, in such a rapid manner, to colonize and improve it, as had scarcely ever been parallelled in any other country, at so great a distance from the parent states, or civilized part of the world.

In this, and the two next succeeding years,* 6.14 ar|rived ships, with passengers or settlers, from Lon|don, Bristol, Ireland, Wales, Cheshire, Lancashire, Holland, Germany, &c. to the number of about fifty sail.* 6.15

Among those from Germany, were some Friends, or Quakers, from Krisheim or Cresheim,* 6.16 a town not far from Worms, in the Palatinate. They had been early convinced of the religious principles of the Quakers, by the preaching of William Ames, an Englishman: for which they had bore a public tes|timony there, till the present time; when they all

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removed to Pennsylvania, and settled about six or seven miles distant from Philadelphia, at a place which they called German-town.

"This removal," (says Sewell, in his history of the Quakers) "did not seem to be without a sin|gular direction of Providence: for not long after a war ensued in Germany, where the Palatinate was altogether laid waste by the French; and thousands of families were berest of their possessions, and re|duced to poverty."* 6.17

* 6.18Among those adventurers and settlers, who ar|rived about this time, were also many from Wales, of those who are called Ancient Britons, and mostly Quakers; divers of whom were of the original or early stock of that society there.† 6.19 They had early

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purchased of the Proprietary, in England, forty thousand acres of land.

Those who came, at present, took up so much of it, on the west side of Sculkil river, as made the three townships, of Merion, Haverford and Rad|nor; and in a few years afterwards, their number was so much augmented, as to settle the three other townships of New-town, Goshen and Uwchland. After this they continued still increasing, and be|came a numerous and florishing people.

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Notwithstanding the precaution, which many of these adventurers had used, in bringing provi|sions and other necessaries with them, for a cer|tain time,* 6.20 yet it cannot be reasonably supposed that the arrival of such a large number of peo|ple, in a wilderness, within the space of two or three years would not necessarily be attended with inconveniencies and difficulties. Though the Eu|ropean inhabitants, in the country, prior to their arrival, were kind and assisting, yet they were very few,* 6.21 mostly new or late settlers, and conse|quently but meanly provided, either with provi|sions, or other accommodations; insomuch that sometimes, for divers years afterwards, the scar|city, which was experienced among them, of the former, caused very alarming apprehensions.* 6.22

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Besides, these adventurers were not all young persons, and able to endure the difficulties and hardships which are mostly unavoidable in subdu|ing a wilderness,* 6.23 or as equally regardless of con|venient accommodations as young healthy and strong men, accostomed to labor and disappoint|ment: but there were among them persons advanc|ed in years, with women and children; and such as, in their native country, had lived well, and en|joyed ease and plenty.

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Their first business, after their arrival, was to land their property, and put it under such shelter as could be found;* 6.24 then, while some of them got warrants of survey, for taking up so much land, as was sufficient for immediate settling, others went diversely further into the wood, to the different places, where their lands were laid out; often with|out any path or road, to direct them; for scarce any were to be found above two miles from the water side; not so much as any mark, or sign of any European having been there. As to the Indi|ans, they seldom travelled so regularly as to be traced or followed by foot-steps; except perhaps, from one of their towns to another. Their hunt|ings were rather like ships at sea, without any track, or path. So that all the country, further than about two miles distant, from the river, (except|ing the Indians moveable settlements) was an entire wilderness,* 6.25 producing nothing for the support of human life, but the wild fruits and animals of the woods.

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The lodgings of some of these settlers were, at first, in the woods; a chosen tree was frequently all the shelter they had,* 6.26 against the inclemency of the weather: This sometimes happened late in the fall, and, even, in the winter season. The next coverings of many of them were, either caves, in the earth, or such huts, erected upon it, as could be most expeditiously procured, till better houses were built; for which they had no want of timber.

It is impossible that these first adventurers and settlers, who had never seen, nor been accustomed to, such a scene, could, at first, have that proper idea, or method of improving this wilderness,* 6.27 which experience afterwards taught. It is likewise certain, that the great difference, between the finely improved, cultivated and open countries, with the near connections, which many of them had left behind, and the appearance of a wild and woody desart, with which they had now to encoun|ter, among savages, must have created, in them, very sensible ideas, and made strong impressions, at first, on their minds:—That likewise the consi|deration of the long and painful labour, and ine|vitable disappointments and hardships, which, more or less, are naturally inseparable from such under|takings,* 6.28 and for a series of years must necessarily be endured, before a comfortable subsistance could be procured, in the country, and a sufficient por|tion of land brought into proper order, for that purpose, must undoubtedly have been very affect|ing to a thoughtful people, in this new, remote and solitary situation!—But the soil was fertile; the air mostly clear and healthy; the streams of water were good and plentiful; wood, for fire and build|ing, in abundance;—And, as they were a pious and religious people, knowing their views, in this their undertaking, to be good, they chearfully

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underwent all difficulties of this nature, and divine Providence blessed their industry.* 6.29

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For these first comers, after their arrival, soon cleared land enough, to make way for a crop of Indian corn, in the succeeding spring; and in a year or two, they began upon wheat,* 7.1 and other grain; thus they went on improving, till they got into a comfortable way of living; so that many of

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them were blessed both with the necessaries and conveniences of life beyond their expectation; and, after having lived to old age, they are said to have frequently recollected and spoke of the favours of divine Providence, in preserving there through the difficulties, with which they encoun|tered, in their first and early settling the country: Of which the following extract from the testimony of one of them, being a Quaker, a person of an approved character, is an instance, and exhibits a specimen of this nature, viz.

* 7.2The testimony of Richard Townsend, shewing the providential hand of God, to him and others, from the first settlement of Pennsylvania, to this day. (About the year 1727.)

Whereas King Charles the second, in the year 1681, was pleased to grant this province to William Penn, and his heirs, for ever; which act seemed to be an act of Providence to many reli|gious, good, people; and the Proprietor, William Penn, being one of the people called Quakers, and in good esteem, among them and others, many were inclined to embark along with him, for the settlement of this place.

To that end, in the year 1682 several ships being provided, I found a concern on my mind to embark with them, with my wife and child; and about the latter end of the Sixth-month, having settled my affairs in London, where I dwelt, I went, on board the ship Welcome, Robert Greenaway, commander, in company with my worthy friend, William Penn; whose good conversation was very advantageous to all the company. His singular care was manifested, in contributing to the necessi|ties of many, who were sick of the Small-pox, then on board; out of which company about thirty died.—After a prosperous passage of about two months, having had, in that time, many good meetings, on board, we arrived here.

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At our arrival, we found it a wilderness; the chief inhabitants were Indians, and some Swedes;* 7.3 who received us in a friendly manner: and though there was a great number of us, the good hand of Providence was seen in a particular manner; in that provisions were found for us, by the Swedes and Indians, at very reasonable rates, as well as brought from divers other parts, that were inha|bited before.

Our first concern was to keep up and main|tain our religious worship; and, in order thereunto, we had several meetings, in the houses of the inha|bitants; and one boarded meeting-house was set up, where the city was to be, near Delaware; and, as we had nothing but love and good-will, in our hearts, one to another, we had very comfortable meetings, from time to time; and after our meet|ing was over, we assisted each other, in building little houses, for our shelter.

After some time I set up a mill, on Chester creek; which I brought ready framed from London; which served for grinding of corn, and sawing of boards; and was of great use to us. Besides, I with Joshua Tittery, made a net, and caught great quantities of fish; which supplied ourselves and many others; so that, notwithstanding it was thought near three thousand persons came in the first year, we were so providentially provided for, that we could buy a deer for about two shillings, and a large turkey, for about one shilling, and Indian corn for about two shillings and six pence per bushel.

And, as our worthy Proprietor treated the Indians with extraordinary humanity, they became very civil and loving to us, and brought in abun|dance of venison. As, in other countries, the In|dians were exasperated by hard treatment, which hath been the foundation of much bloodshed, so the contrary treatment here hath produced their love and affection.

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About a year after our arrival, there came in about twenty families from high and low Germany, of religious,* 7.4 good people; who settled about six miles from Philadelphia, and called the place Ger|mantown.—The country continually increasing, people began to spread themselves further back.— "Also a place called North Wales, was settled by many of the ancient Britons, an honest inclined people, although they had not then made a pro|fession of the truth, as held by us, yet, in a little time, a large convincement was among them; and divers meeting-houses were built.

About the time, in which Germantown was laid out, I settled upon my tract of land, which I had purchased of the Proprietor, in England, about a mile from thence; where I set up a house and a corn mill;—which was very useful to the country, for several miles round:—But there not being plenty of horses, people generally brought their corn on their backs many miles;—I remember one man had a bull so gentle, that he used to bring his corn on him, instead of a horse.

Being now settled about six or seven miles from Philadelphia, where leaving the principal body of friends, together with the chief place of pro|visions, as before mentioned, flesh meat was very scarce with me, for some time; of which I found the want. I remember I was once supplied by a particular instance of Providence, in the following manner:—

As I was in my meadow, mowing grass, a young deer came and looked on me; I continued mowing, and the deer in the same attention to me; upon which I laid down my scythe, and went to|wards him; upon which he ran off a small distance; I went to my work again, and the Deer continued looking on me; so that several times I left my work, to go towards him; but he still kept him|self at a distance; at last, as I was going towards

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him, and he, looking on me, did not mind his steps, but ran forceably against the trunk of a tree, and stunned himself so much, that he fell;* 7.5 upon which I ran forward, and, getting upon him, held by the legs:—After a great strug|gle, in which I had almost tired him out, and ren|dered him lifeless, I threw him on my shoulders, holding him fast by the legs, and, with some difficulty, from his fresh struggling, carried him home, about a quarter of a mile, to my house; where, by the assistance of a neighbour, who hap|pened to be there, and killed him for me; he proved very serviceable to my family. I could relate several other acts of Providence, of this kind, but omit them for brevity.

As people began to spread, and improve their lands, the country became more fruitful; so that those, who came after us, were plentifully supplied; and with what we abounded we began a small trade abroad. And as Philadelphia in|creased, vessels were built, and many employed. Both country and trade have been wonderfully increasing to this day; so that, from a wilderness, the Lord, by his good hand of providence, hath made it a fruitful field:—On which to look back, and observe all the steps, would exceed my pre|sent purpose; yet, being now in the eighty-fourth year of my age, and having been in this country near forty-six years, and my memory pretty clear, concerning the rise and progress of the province, I can do no less than return praises to the Almighty, when I look back and consider his bountiful hand, not only in temporals, but in the great increase of our meetings; wherein he hath many times manifested his great loving kindness, in reaching to, and convincing many persons of the principles of truth; and those, that were already convinced and continued faithful, were not only blessed with plenty of the fruits of the earth, but also with the

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dew of Heaven:—"I am engaged, in my spirit, to supplicate the continuance thereof to the pre|sent rising generation; that, as God hath blessed their parents,* 7.6 the same blessing may remain on their offspring, to the end of time; that it may be so is the hearty desire and prayer of their an|cient and loving friend,

RICHARD TOWNSEND.

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CHAPTER V.

Beginning of the city of Philadelphia.—John Key, the first born.—Province and territory divided into counties.—First General Assembly at Philadel|phia in 1683.—Names of the members, and memo|rials of some of them.—Proceedings of the Assem|bly.—Second charter, or frame of government.— A seal for each county; the first Sheriffs.—First grand and petit jury, with their business, &c.— Further account of the situation and plan of Phi|ladelphia.—William Penn's letter to the free so|ciety of traders, giving an account of Pennsylvania at that time.

IN the latter part of this year, 1682,* 7.7 the Propri|etary, having finished his business with the Indians, undertook, with the assistance of his Surveyor General, Thomas Holme,* 7.8 to lay out a place for the city. The ground, which was chosen for that purpose, was claimed by some Swedes; to whom he gave, in exchange for it, a larger quantity of land, at a small distance.

The situation of this place, being where Phila|delphia now stands, along the western side of the river Delaware, then exhibited, on the said river, an agreeable prospect; it had a high and dry bank next the water, with a high shore, ornamented with a fine view of Pine trees, growing upon it.

In this bank many of the first and early adven|turers had their caves, or holes, for their residence,* 7.9 before any houses were built, or better accommo|dations prepared for them. The first house erected

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on this plot of ground, was built by George Guest, and not finished at the time of the Proprietor's ar|rival.* 7.10

Soon afterwards many small houses were erected. William Penn himself had a large mansion house, built on his Manor of Pennsbury, near the side of Delaware, a few miles below the falls of Trenton, and about twenty-six above the city: which appears to have been undertaken before his arrival, and intended for his reception. Here afterwards he sometimes resided, and had meetings and confe|rences with the Indians, both on a religious and civil account.

* 7.11About this time also the Proprietor, with the consent of the purchasers under him, divided the province and territories, each into three counties; those of the province were called the counties of Bucks, Philadelphia, and Chester; those of the ter|ritories, New-castle, Kent, and Sussex. For which having appointed Sheriffs, and other proper offi|cers, in each county, he issued writs,† 7.12 for the

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election of members of Council and Assembly,* 8.1 conformable to the constitution, at that time.

He met the Council on the tenth day of the First month, 1683, O. S. at Philadelphia,* 8.2 and the Assembly, two days afterwards. The number of the members for both the Council and Assembly consisted of twelve, out of each county: three for the Council, and nine for the Assembly, mak|ing in all, seventy-two. Those of the Council were:—

  • William Markham,
  • Christopher Taylor,
  • Thomas Holme,
  • Lacy Cock,
  • William Haige,
  • John Moll,
  • Ralf Withers,
  • John Simcock,
  • Edward Cantwell,* 8.3
  • William Clayton,
  • William Biles,
  • James Harrison,
  • William Clark,
  • Francis Whitewell,
  • John Richardson,
  • John Hillyard.

The members of Assembly for each county were:

For Bucks.
  • William Yardly,
  • Samuel Darke,
  • Robert Lucas,
  • Nicholas Walne,
  • John Wood,
  • John Clowes,
  • Thomas Fitzwater,
  • Robert Hall,
  • James Boyden.
For Philadelphia.
  • John Songhurst,* 8.4
  • John Hart,
  • Walter King,
  • Andros Binkson,
  • John Moon,
  • Thomas Wynne, Speaker,
  • Griffith Jones,
  • William Warner,
  • Swan Swanson.

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    For Chester.
    • John Hoskins,
    • Robert Wade,
    • George Wood,
    • John Blunston,
    • Dennis Rochford,
    • Thomas Bracy,
    • John Bezer,
    • John Harding,
    • Joseph Phipps.
    For New-castle.
    • John Cann,
    • John Darby,
    • Valentine Hollingsworth,
    • Gasparus Herman,
    • John Dehoaef,
    • James Williams,
    • William Guest,
    • Peter Alrick,
    • Henrick Williams.
    For Kent.
    • John Biggs,
    • Simon Irons,
    • Thomas Hassold,
    • John Curtis,
    • Robert Bedwell,
    • William Windsmore,
    • John Brinkloe,
    • Daniel Brown,
    • Benony Bishop.
    For Sussex.
    • Luke Watson,
    • Alexander Draper,
    • William Futcher,
    • Henry Bowman,
    • Alexander Moleston,
    • John Hill,
    • Robert Bracy,
    • John Kipshaven,
    • Cornelius Verhoof.* 8.5

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    Though the charter of privileges, or frame of government, required a greater number, than were now returned,* 8.6 to serve in Council and As|sembly, yet it was left to be explained and con|firmed by the Governor, his heirs and assigns, and by the freemen of the province and territories; therefore, finding it too inconvenient to return the full complement, prescribed by charter, the free|men depended upon the Proprietor's construction of their choice, in a favourable manner; and alledg|ed their reasons, both in the Sheriffs' returns, and also by divers petitions and addresses,* 8.7 for chusing only twelve for each county, as sufficient to com|pose both the Council and Assembly; declaring that the number returned, that is, three for the Council, and nine for the Assembly, from each

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    county, had in them the power of the whole free|men of the province and territories, and conse|quently, of serving in these capacities.

    It was accordingly requested of the Governor, that this alteration might not deprive the people of the benefit of their charter, though it might seem to be returned to him again, by not being accepted so largely as granted. Upon which the Governor answered, "That they might amend, alter, or add, for the public good; and, that he was ready to settle such foundations, as might be for their happiness, according to the powers vested in him."

    These preliminaries being settled, the different branches of the Legislature proceeded on business, according to the method prescribed in their char|ter of privileges, that the Governor and Provin|cial Council should propose to the Assembly, and prepare all bills, which they, at any time, should think proper to be passed into laws, consistent with the powers granted, in the King's letters patent.

    * 8.8In such popular and unexperienced Councils, where every man may propose any thing, which he fancies will tend to the public good, it is no wonder, if extraordinary propositions should some|times be made; and though many singularities of this nature do not appear to have occurred in this province, yet, probably, the two following, which are said to have been made,* 8.9 at this time, may be ranked under this description: First, that young men should be obliged to marry at, or before a cer|tain age: Second, that two sorts of cloaths only shall be worn; one for winter, and the other for sum|mer.—Of the propositions, which were now made, some were agreed to, and some rejected: but the principal thing done, this session, was the altera|tion of the charter of liberties, called the frame of government, which had before been in agitation.

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    At a Council, held the 20th. of the First month, the speaker, and two members of Assembly at|tending with some bills, which had been sent to them,* 8.10 the Governor and Council desired a confe|rence with the whole house and freemen, about the charter. Upon their attending, the Governor asked them, "Whether they chose to have the old char|ter, or a new one?" They unanimously requested a new one, with such amendments, as had already been debated and agreed on. To which the Gover|nor consented, and made a speech to them, on the occasion; in which he distinguished their duty, and his own willingness to oblige them. Next day the house sent Griffith Jones and Thomas Fitzwater, two of their members, with a written message to the Governor, containing their thankful acknow|ledgments, for his kind speech, and gratefully embracing his offers, respecting what they desired to be inserted in their charter.

    A committee of each house was thereupon ap|pointed to draw up the charter, with amendments: Those of the Council were, John Moll, for New-castle; Francis Whitewell, for Kent; William Clark, for Sussex; James Harrison, for Bucks; William Clayton, for Chester; and Thomas Holme, for Phi|ladelphia. The committee of Assembly were: James Williams, for New-castle; Benony Bishop, for Kent; Luke Watson, for Sussex; Thomas Fitz|water, for Bucks; Dennis Rochford, for Chester; and Thomas Wynne, the Speaker, for Philadelphia county.

    At a council held the 30th. of the First-month,* 8.11 this year, the charter being prepared and read, signed, sealed and delivered by the Governor, was received by James Harrison, Thomas Wynne, and another member, on behalf of the assembly and free|men, who returned the old one to the Governor, with the hearty thanks of the whole house; which new charter may be seen in the appendix, No. 3.

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    By this charter the provincial council was to con|sist of eighteen persons, three from each county; and the assembly was to be composed of thirty-six; men of most note,* 8.12 for virtue, wisdom and ability; by whom, with the Governor, all laws were to be made, officers chosen, and public affairs transacted, in the manner therein expressed.

    This charter continued in force till after the re|volution, in England; and though in some parts, it was formed upon a generous plan; yet all the laws were thereby still to be prepared and proposed by the Governor and Council; and the number of Assemblymen were to be increased at their pleasure. This charter, with another, which followed, in the year 1696, seemed to be only preparatory to the last Charter of Privileges, granted in 1701.

    This was the last affair transacted at this session; which continued twenty-two days.—The Gover|nor and Council,* 8.13 among other regulations, esta|blished a Seal, for each county, viz. for Philadel|phia, an Anchor; for Bucks, a Tree & Vine; for Chester, a Plow; for New-Castle, a Cassia; for Kent, three Ears of Indian Corn; and for Sussex, a Wheat Sheaf.

    * 8.14The first sheriffs, appointed for each county, were: for Philadelphia, John Test; Chester, Thomas Usher; Bucks, Richard Noble; New-Castle, Edmund Cantwell; Kent, Peter Bowcomb; Sussex, John Vines.

    * 8.15The first Grand Jury, in Pennsylvania, was sum|moned on the second of the third month, this year, (1683) upon some persons, accused of issuing counterfeit silver money. The Governor and Council sat, as a Court of Justice, on the occasion. The names of those impanelled and attested to serve on the Grand Jury were,* 8.16 Thomas Lloyd, Foreman, Enoch Flower, Richard Wood, John Harding, John Hill, Edward Louff, James Boyden, Nicholas Walne, John James, John Vanborson, Robert Hall, Valen|tine Hollingsworth, Alexander Draper, John Louff,

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    John Wale, Samuel Darke, John Parsons, John Blunston, Thomas Fitzwater, William Guest, John Curtis, Robert Lucas, Henry Jones and Caleb Pusey.

    A bill or bills, being found by the Grand Jury,* 8.17 a Petty Jury was therefore impanelled and attested; whose names were: John Claypoole, Foreman, Robert Turner, Robert Ewer, Andrew Binkson, John Barnes, Joseph Fisher, Dennis Rochford, Wil|liam Howell, Walter King, Benjamin Whitehead, Thomas Rouse and David Breintnall.

    They convicted a person, whose name was Pickering, and two others, his accomplices,* 8.18 of coining and stamping silver, in the form of Spanish pieces, with the alloy of too much copper in it. Upon which Pickering's sentence, as principal, was, that for this high misdemeanour, whereof his country had found him guilty, he should make full satisfaction, in good and current pay, to every person, who should, within the space of one month, bring in any of this false, base and counterfeit coin, (which the next day was to be called in by proclamation,) according to their respective pro|portions; and that the money brought in, should be melted down before it was returned to him; and that he should pay a fine of forty pounds to|wards the building of a Court-house, stand com|mitted till the same was paid, and afterwards find security for his good behaviour.

    This and all other affairs, before the Council,* 8.19 being finished, and the members returned to their habitations, the Proprietary applied himself to finish his plan, and regulate the streets, of his favorite city, Philadelphia.

    This city is situated forty degrees, or more pre|cisely 39 degrees, 56 minutes, 54 seconds,* 8.20 north from the equator, and about seventy-five degrees, or more accurately 5 hours, 0 minutes, 35 se|conds,

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    west from London, on the west side of the river Delaware; which river, at this place, is near one mile broad, at the distance of about forty leagues from the sea, along the course of the river and bay. The river Sculkil, which is a branch of the Delaware, and here runs nearly parallel to it, at the distance of two miles westward, is broad and deep enough for large ships, at this place; but, by reason of a sand-bar, at its mouth, where it enters the Delaware, about four miles below the city, its navigation, for large vessels, is obstructed: And it has falls about five miles above the city, to which the tide runs, and no further. Over which falls, or rocks, at certain times, in floods and freshes, boats and small craft pass down to the city, with country produce, as, iron, wheat, floor, &c. from the interior parts of the province. The tide rises, in the Delaware, generally about six feet, at the city, and flows near thirty miles above it, to the falls at Trenton, on the Jersey shore, and is navigable all the way for large shipping, as far as that place. But the extent of this river, inclu|ding all its curves and windings, above these falls, (much of which may easily be made navigable) is not yet precisely known.

    The original plan of this city, as confirmed by charter, dated October 25th. 1701, extends, in length, between the river Delaware, on the east,* 8.21 and Sculkil, on the west of it, about two miles; and is, in breadth, one mile nearly, on each river. The streets, which run right, and exactly parallel to each other, nearly east and west, from river to river, are nine in number, and they are intersected, at right angles, by twenty-three others, running nearly parallel with the rivers, north and south; none being less than fifty, nor more than one hundred feet broad.

    The Proprietor likewise assigned five squares, within this plan, for the public use of the city,

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    with other beneficial regulations; whose future great importance to the city, having since not been sufficiently considered and attended to, some of them have either been neglected, or violated.

    The largest public square, at the center, it is said, was intended to contain ten acres of land; the other four, eight acres each. In the original plan by Thomas Holme, Surveyor General, the proportions, dimensions and situations of all the original squares and streets, with the names of the latter, then given them, and still generally retain|ed, are exhibited, as well as in the following de|scription of it, viz.

    The distances of the streets from each other, from east to west, with their names and dimen|sions are:—

    From Delaware Front-street to Second-street,feet 396
    Second-street to Third-street,496
    Third to Fourth,396
    Fourth to fifth,396* 8.22
    Fifth to Sixth,396
    Sixth to Seventh,396
    Seventh to Eighth,396
    Eighth to Ninth,396
    Ninth to Tenth,396
    Tenth to Eleventh,396
    Eleventh to Broad-street,528
    Ten streets, 50 feet each,500
    Distance from Delaware Front-street to Broad-street,5088
    Distance from Sculkil Front-street to Broad-street,5088
    Broad-street,100
    Distance on High-street, between the two Front-streets of Delaware and Sculkil, exclusive of the said two streets, and their distances from each ri|ver, equal to two miles, wanting 304 feet.* 8.2310,276

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    The distances, names and dimensions of all the streets, from north to south, are:—

    From Vine-street to Sassafras-street,feet 612
    Sassafras to Mulberry,614
    Mulberry to High,663
    High to Chesnut,497
    Chesnut to Walnut,510
    Walnut to Spruce,821
    Spruce to Pine,46
    Pine to Cedar,652
    Seven streets, 50 feet each,350
    High-street 100 feet, Mulberry-street, 66 feet,165
    Distance from Cedar-street to Vine-street, inclusive, equal to one mile and 73 feet, north and south nearly, including all the streets,5353

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    William Penn, having finished what related to this excellent plan, by the latter end of the Fifth, or the beginning of the Sixth month,* 8.24 to the ge|neral satisfaction of those concerned, writ a let|ter to the committee of the Free society of traders, in London, giving some account of it, and the country, in general, with such observations, as the short space of time, he had resided, and his hurry of business, in it, had permitted him to make.

    It exhibits a specimen of the author's attention to a variety of objects, at the same time: for,* 8.25 while he was so much employed in the important establishment of legislative and civil government, to benefit future times, it discovers a genius not less capable of just observation and judgment, in the inferior departments of universal improvement, than his general conduct otherwise declared him to be master of that true philosophy and best wisdom▪

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    which is more nearly essential to mental felicity; of which he was ever so generous and communicative. It is the best account, though only an imperfect sketch, of the original state of the province, of its Aborigines, and natural history, that is to be found in those times, as follows:—

    * 8.26A letter from William Penn, Proprietor and Go|vernor of Pennsylvania, in America, to the com|mittee of the Free society of traders of that pro|vince, residing in London: containing a general description of the said province, its soil, air, wa|ter, seasons and produce, both natural and artifi|cial, and the good increase thereof. With an ac|count of the natives, or aborigines.

    My kind Friends,

    * 8.27The kindness of yours, by the ship Thomas and Ann, doth much oblige me; for, by it I per|ceive the interest, you take in my health and repu|tation, and the prosperous beginning of this pro|vince; which, you are so kind as to think, may much depend upon them. In return of which I have sent you a long letter, and yet containing as brief an account of myself, and the affairs of this province, as I have been able to make.

    * 8.28In the first place, I take notice of the news, you sent me; whereby I find, some persons have had so little wit, and so much malice, as to re|port my death; and, to mend the matter, dead a Jesuit too. One might have reasonably hoped, that this distance, like death, would have been a protection against spite and envy; and, indeed, absence, being a kind of death, ought alike to se|cure the name of the absent, as the dead; because they are equally unable, as such, to defend them|selves: but they, that intend mischief, do not use to follow good rules to effect it. However to the great sorrow and shame of the inventors, I am still alive, and no Jesuit; and I thank God, very well. And, without injustice to the authors of this, I

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    may venture to infer, that they that wilfully and falsely report, would have been glad it had been so. But I perceive many frivolous and idle stories have been invented since my departure from England: which, perhaps, at this time, are no more alive than I am dead.

    But, if I have been unkindly used, by some I left behind me, I found love and respect enough, where I came; an universal kind welcome, every sort in their way. For, here are some of several nations, as well as divers judgments:* 8.29 nor were the natives wanting in this; for their kings, queens, and great men, both visited and presented me; to whom I made suitable returns, &c.

    For the province, the general condition of it, take as followeth:—

    I. The country itself, its soil, air, water, sea|sons and produce, both natural and artificial,* 8.30 is not to be despised. The land containeth divers sorts of earth, as, sand, yellow and black, poor and rich: also gravel, both loamy and dusty; and, in some places, a fast fat earth; like our best vales, in England; especially by inland brooks and rivers. God, in his wisdom, having ordered it so, that the advantages of the country are divided; the back lands being generally three to one richer, than those that lie by navigable rivers. We have much of another soil; and that is a black hazel-mould, upon a stony, or rocky, bottom.

    II. The air is sweet and clear, the Heavens serene, like the south parts of France,* 8.31 rarely over|cast; and, as the woods come, by numbers of people, to be more cleared, that itself will refine.

    III. The waters are generally good;* 8.32 for the rivers and brooks have mostly gravel and stony bottoms; and in number, hardly credible. We have also mineral waters, that operate in the same manner with Barnet and North Hall, not two miles from Philadelphia.

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    IV. For the seasons of the year, having, by God's goodness, now lived over the coldest and hottest, that the oldest liver in the province can remember, I can say something to an English un|derstanding.

    * 8.33First, Of the fall; for then I came in: I found it, from the 24th. of October, to the be|ginning of December, as we have it usually, in England, in September, or rather like an English mild spring.* 8.34 From December to the beginning of the month called March, we had sharp frosty weather; not foul, thick, black weather, as our north east winds bring with them, in England; but a sky as clear as in summer, and the air dry, cold, piercing and hungry; yet I remember not that I wore more cloaths, than in England. The reason of this cold is given, from the great lakes, that are fed by the fountains of Canada. The Winter before was as mild, scarce any ice at all; while this, for a few days, froze up our great river Delaware. From that month, to the month cal|led June,* 8.35 we enjoyed a sweet Spring; no gusts, but gentle showers, and a fine sky. Yet, this I observe, that the winds here, as there, are more inconstant, Spring and Fall, upon that turn of nature, than in Summer, or Winter. From thence to this present month,* 8.36 (August) which endeth the Summer, (commonly speaking) we have had ex|traordinary heats, yet mitigated sometimes by cool breezes. The wind, that ruleth the Summer season, is the south west; but spring, fall and winter, it is rare to want the north-western seven days together. And whatever mists, fogs, or va|pours, foul the Heavens by easterly, or southerly winds, in two hours time, are blown away; the one is followed by the other: A remedy, that seems to have a peculiar providence in it, to the inhabitants; the multitude of trees, yet standing, being liable to retain mists and vapours; and yet not one quarter so thick as I expected.

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    V. The natural produce of the country, of vegetables, is trees, fruits, plants, flowers. The trees of most note, are the black walnut, cedar,* 8.37 cypress, chesnut, poplar, gum-wood, hickory, sas|safras, ash, beech, and oak of divers sorts, as,* 8.38 red, white and black; Spanish, chesnut, and swamp, the most durable of all. Of all which there is plenty, for the use of man.

    The fruits, that I find in the woods, are the white and black mulberry, chesnut, walnut, plums,* 8.39 strawberries, cranberries, hurtleberries, and grapes of divers sorts. The great red grape (now ripe) called by ignorance, the fox grape, because of the relish it hath with unskilful palates,* 8.40 is in itself an extraordinary grape; and by art, doubtless, may be cultivated to an excellent wine, if not so sweet, yet little inferior to the Frontiniac, as it is not much unlike in taste, ruddiness set aside; which, in such things, as well as mankind, differs the case much. There is a white kind of Muskadel, and a little black grape, like the cluster grape of England, not yet so ripe as the other; but they tell me, when ripe, sweeter, and that they only want skil|ful Vinerons, to make good use of them. I intend to venture on it with my Frenchman, this season, who shews some knowledge in those things. Here are also peaches very good, and in great quantities;* 8.41 not an Indian plantation without them; but whe|ther naturally here at first, I know not. However one may have them, by bushels, for little: they make a pleasant drink; and I think, not inferior to any peach you have in England, except the true Newington. It is disputable with me, whether it be best to fall to fining the fruits of the country, especially the grape, by the care and skill of art, or send for foreign stems and sets, already good and approved. It seems most reasonable to be|lieve, that not only a thing groweth best, where it naturally grows, but will hardly be equalled by

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    another species of the same kind, that doth not naturally grow there But, to solve the doubt, I intend, if God give me life, to try both, and hope the consequence will be, as good wine, as any European countries, of the same latitude, do yield.

    * 8.42VI. The artificial produce of the country is wheat, barley,* 8.43 oats, rye, peas, beans, squashes, pumkins, water-melons, musk-melons, and all herbs and roots, that our gardens in England, usually bring forth.

    * 8.44VII. Of living creatures; fish, fowl, and the beasts of the woods; here are divers sorts, some for food and profit,* 8.45 and some for profit only: For food, as well as profit, the elk, as big as a small ox; deer, bigger than ours; beaver, raccoon, rab|bits, squirrels; and some eat young bear, and com|mend it.* 8.46 Of fowl of the land, there is the turkey, (forty and fifty pounds weight) which is very great; pheasants, heath-birds, pigeons and partridges, in abundance. Of the water, the swan, goose, white and grey; brands, ducks, teal, also the snipe and curloe, and that in great numbers; but the duck and teal excel; nor so good have I ever eat in other countries.* 8.47 Of fish, there is the sturgeon, herring, rock, shad, cats-head, sheeps-head, eel, smelt, pearch, roach; and in inland rivers, trout, some say, salmon, above the falls. Of shell-fish, we have oysters, crabs, coccles, conchs and muscles; some oysters six inches long; and one sort of coccles as big as the stewing oysters; they make a rich broth. The creatures for profit only, by skin, or fur, and that are natural to these parts, are the wild|cat, panther, otter, wolf, fox, fisher, minx, musk|rat;* 8.48 and of the water, the whale, for oil; of which we have good store; and two companies of whalers; whose boats are built, will soon begin

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    their work; which hath the appearance of a con|siderable improvement: to say nothing of our rea|sonable hopes of good cod, in the bay.

    VIII. We have no want of horses;* 8.49 and some are very good, and shapely enough; two ships have been freighted to Barbadoes with horses and pipe-staves, since my coming in. Here is also plenty of cow-cattle, and some sheep; the people plow mostly with oxen.

    IX. There are divers plants,* 8.50 that not only the Indians tell us, but we have had occasion to prove, by swellings, burnings, cuts, &c. that they are of great virtue, suddenly curing the pati|ent; and, for smell, I have observed several, espe|cially one, the wild myrtle; the other I know not what to call, but are most fragrant.

    X. The woods are adorned with lovely flow|ers, for color, greatness, figure and variety.* 8.51 I have seen the gardens of London best stored with that sort of beauty, but think they may be im|proved by our woods: I have sent a few to a person of quality this year, for a trial.

    Thus much of the country; next, of the na|tives, or aborigines.

    XI. The natives I shall consider, in their per|sons, language, manners, religion and government,* 8.52 with my sense of their original. For their persons, they are generally tall, straight, well-built, and of singular proportion; they tread strong and clever;* 8.53 and mostly walk with a lofty chin. Of complexion, black, but by design; as the Gypsies, in England. They grease themselves with bear's fat clarified; and using no defence against sun, or weather, their skins must needs be swarthy. Their eye is little and black, not unlike a straight looked Jew. The thick lip, and flat nose, so frequent with the East Indians and blacks, are no common to them: For I have seen as comely European like faces

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    among them, of both, as on your side the 〈◊〉〈◊〉; and truly an Italian complexion hath not much more of the white; and the noses of several of them have as much of the Roman.

    * 8.54XII. Their language is lofty, yet narrow; but, like the Hebrew, in signification, full; like short-hand, in writing, one word serveth in the place of three, and the rest are supplied by the understanding of the hearer: imperfect in their tenses, wanting in their moods, participles, ad|verbs, conjunctions, interjections. I have made it my business to understand it, that I might not want an Interpreter, on any occasion; and I must say, that I know not a language spoken, in Eu|rope, that hath words of more sweetness, or great|ness, in accent and emphasis, than theirs; for in|stance, Octocockon, Rancocas, Oricton, Shak, Ma|rian, Poquesien; all which are names of places; and have grandeur in them. Of words of sweet|ness, Anna, is mother; Issimus, a brother; Netcap, friend; Usqueoret, very good; Pane, bread; Met|sa, eat; Matta, no; Haita, to have; Payo, to come; Sepassen, Passijon, the names of places; Ta|mane, Secane, Menanse, Secatereus, are the names of persons; if one ask them for any thing they have not, they will answer, Matta ne hatta; which to tran|slate, is, not I have; instead of, I have not.

    * 8.55XIII. Of their customs and manners, there is much to be said; I will begin with children; so soon as they are born,* 8.56 they wash them in water; and while very young, and in cold weather to chuse, they plunge them in the rivers, to harden and embolden them. Having wrapt them in a clout, they lay them on a strait, thin board, a lit|tle more than the length and breadth of the child, and swaddle it fast, upon the board, to make it straight; wherefore all Indians have flat heads; and thus they carry them at their backs. The children will go, very young, at nine months

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    commonly; they wear only a small clout round their waste, till they are big; if boys, they go a fishing, till ripe for the woods; which is about fifteen; then they hunt; and after having given some proofs of their manhood, by a good return of skins, they may marry; else it is a shame to think of a wise. The girls stay with their mo|thers, and help to hoe the ground, plant corn, and carry burdens; and they do well to use them to that young, which they must do when they are old; for the wives are the true servants of the husbands; otherwise the men are very affectionate to them.

    XIV. When the young women are fit for marriage, they wear something upon their heads,* 8.57 for an advertisement, but so, as their faces are hardly to be seen, but when they please. The age, they marry at, if women, is about thirteen, and fourteen; if men, seventeen and eighteen; they are rarely elder.

    XV. Their houses are mats,* 8.58 or barks of trees, set on poles, in the fashion of an English barn; but out of the power of the winds; for they are hardly higher than a man; they lie on reeds, or grass. In travel they lodge in the woods, about a great fire, with the mantle of duffils, they wear by day, wrapt about them, and a few boughs stuck round them.

    XVI. Their diet is maize, or Indian corn,* 8.59 divers ways prepared; sometimes roasted in the ashes; sometimes beaten and boiled with water; which they call homine; they also make cakes, not unpleasant to eat. They have likewise several sorts of beans and pease, that are good nourishment; and the woods and rivers are their larder.

    XVII. If an European comes to see them,* 8.60 or calls for lodging at their house, or wigwam, they give him the best place, and first cut. If they come to visit us, they salute us with an Itah;

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    which is as much as to say, Good be to you, and set them down; which is mostly on the ground, close to their heels, their legs upright; it may be they speak not a word, but observe all passages. If you give them any thing, to eat, or drink, well: for they will not ask; and be it little, or much, if it be with kindness, they are well pleased, else they go away sullen, but say nothing.

    * 8.61XVIII. They are great concealers of their own resentments; brought to it, I believe, by the revenge, that hath been practised among them. In either of these they are not exceeded by the Italians. A tragical instance fell out since I came into the country: a king's daughter, thinking her|self slighted by her husband, in suffering another woman to lie down between them, rose up, went out, plucked a root out of the ground, and ate it; upon which she immediately died: and, for which, last week, he made an offering to her kindred, for atonement, and liberty of marriage; as two others did to the kindred of their wives, that died a natu|ral death. For, till widowers have done so, they must not marry again. Some of the young women are said to take undue liberty before marriage, for a portion; but when married, chaste. When with child they know their husbands no more, trill deli|vered; and during their month, they touch no meat they eat but with a stick, lest they should defile it; nor do their husbands frequent them, till that time be expired.

    * 8.62XIX. But, in liberality they excel; nothing is too good for their friend: give them a fine gun, coat, or other thing, it may pass twenty hands be|fore it sticks: light of heart, strong affections, but soon spent. The most merry creatures that live, feast and dance perpetually; they never have much, nor want much: wealth circulateth like the blood; all parts partake; and though none shall want what another hath, yet exact observers of property.

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    Some kings have sold, others presented me with several parcels of land: the pay, or presents I made them, were not hoarded by the particular owners; but the neighbouring kings, and their clans being present, when the goods were brought out, the parties, chiefly concerned, consulted what, and to whom, they should give them. To every king then, by the hands of a person for that work ap|pointed, is a proportion sent, so sorted and folded, and with that gravity, that is admirable. Then that king subdivideth it, in like manner, among his dependants, they hardly leaving themselves an equal share with one of their subjects: and be it on such occasions as festivals, or at their common meals, the kings distribute, and to themselves last. They care for little; because they want but little; and the reason is, a little contents them. In this they are sufficiently revenged on us: if they are ig|norant of our pleasures,* 8.63 they are also free from our pains. They are not disquieted with bills of lading and exchange, nor perplexed with chancery suits, and exchequer reckonings. We sweat and toil to live; their pleasure feeds them; I mean their hunt|ing, fishing and fowling; and this table is spread every where. They eat twice a day, morning and evening; their seats and table are the ground. Since the Europeans came into these parts,* 8.64 they are grown great lovers of strong liquors, rum espe|cially; and for it exchange the richest of their skins and furs. If they are heated with liquors, they are restless till they have enough to sleep; that is their cry, some more, and I will go to sleep; but, when drunk, one of the most wretched specta|cles in the world!

    XX. In sickness, impatient to be cured; and for it, give any thing, especially for their children;* 8.65 to whom they are extremely natural. They drink, at those times, a teran, or decoction of some roots in spring water; and, if they eat any flesh, it must

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    be of the female of any creature. If they die, they bury them with their apparel, be they man or woman; and the nearest of kin fling in some|thing precious with them, as a token of their love: Their mourning is blacking of their faces; which they continue for a year. They are choice of the graves of their dead; for, lest they should be lost by time, and fall to common use, they pick off the grass, that grows upon them, and heap up the fallen earth, with great care and exactness.

    * 8.66XXI. These poor people are under a dark night in things relating to religion, to be sure the tradition of it: yet they believe a God and immor|tality, without the help of metaphysics: for, they say, There is a Great King that made them, who dwells in a glorious country, to the southward of them; and that the souls of the good shall go thither, where they shall live again. Their worship consists of two parts, sacrifice and cantico. Their sacrifice is their first fruits; the first and fattest buck they kill, goeth to the fire; where he is all burnt, with a mournful ditty of him, that performeth the ceremony; but with such marvellous fervency, and labour of body, that he will, even, sweat to a foam. The other part is their cantico, performed by round dances, sometimes words, sometimes songs, then shouts; two being in the middle, that begin; and, by singing and drumming on a board, direct the chorus. Their postures, in the dance, are very antick and differing, but all keep measure. This is done with equal earnestness and labour, but great appearance of joy. In the fall, when the corn cometh in, they begin to feast one another. There have been two great festivals already; to which all come,* 8.67 that will. I was at one myself: their entertainment was a great seat by a spring, under some shady trees, and twenty bucks, with hot cakes of new corn, both wheat and beans; which they make up in a square form, in the leaves

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    of the stem, and bake them in the ashes; and after that they fall to dance. But they that go must carry a small present, in their money; it may be sixpence; which is made of the bone of a fish:* 8.68 the black is, with them, as gold; the white, silver; they call it all wampum.

    XXII. Their government is by Kings; which they call Sachama; and those by succession,* 8.69 but al|ways of the mother's side. For instance, the chil|dren of him, who is now king, will not succeed, but his brother by the mother, or the children of his sister, whose sons (and after them the children of her daughters) will reign; for no woman inherits. The reason, they render for this way of descent, is, that their issue may not be spurious.

    XXIII. Every King hath his council; and that consists of all the old and wise men of his nation;* 8.70 which, perhaps, is two hundred people. Nothing of moment is undertaken, be it war, peace, sel|ling of land, or traffick, without advising with them; and, which is more, with the young men too. It is admirable to consider how powerful the Kings are, and yet how they move by the breath of their people. I have had occasion to be in council with them, upon treaties for land, and to adjust the terms of trade. Their order is thus: The King sits in the middle of an half moon, and hath his council, the old and wise, on each hand; be|hind them, or at a little distance, sit the younger fry, in the same figure. Having consulted and resolved their business, the King ordered one of them to speak to me; he stood up, came to me, and, in the name of his King, saluted me; then took me by the hand, and told me, "He was or|dered by his King to speak to me; and that now it was not he, but the King, that spoke; because what he should say was the King's mind."—He first prayed me, "To excuse them, that they had not complied with me, the last time, he feared

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    there might be some fault in the Interpreter, being neither Indian nor English: besides, it was the In|dian custom, to deliberate, and take up much time, in council, before they resolve; and that, if the young people, and owners of the land had been as ready as he, I had not met with so much delay."—Having thus introduced his matter, he fell to the bounds of the land, they had agreed to dispose of, and the price; which now is little and dear; that which would have bought twenty miles, not buying now two. During the time, that this person spoke, not a man of them was observed to whisper or smile; the old, grave; the young, re|verent, in their deportment. They speak little, but fervently, and with elegance. I have never seen more natural sagacity, considering them with|out the help (I was going to say, the spoil) of tra|dition; and he will deserve the name of wise, that outwits them, in any treaty, about a thing, they understand. When the purchase was agreed, great promises passed between us, "of kindness and good neighbourhood, and that the Indians and English must live in love as long as the sun gave light:" Which done, another made a speech to the Indians, in the name of all the Sachamakers, or Kings; first, to tell them what was done; next, to charge and command them, "To love the Christians, and particularly live in peace with me, ☞and the people under my government; that many Governors had been in the river; but that no Go|vernor had come himself to live and stay here be|fore; and having now such an one, that had treated them well▪ they should never do him, or his, any wrong."—At every sentence of which they shouted, and said, Amen, in their way.

    * 8.71XXIV. The justice they have is pecuniary: In case of any wrong, or evil fact, be it murder itself, they atone by feasts, and presents of their wampum; which is proportioned to the quality of

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    the offence, or person injured, or of the sex they are of. For, in case they kill a woman, they pay double; and the reason they render, is, "That she breedeth children; which men cannot do." It is rare that they fall out, if sober; and, if drunk, they forgive it, saying, "It was the drink, and not the man, that abused them."

    XXV. We have agreed, that,* 8.72 in all differ|ences between us, six of each side shall end the matter. Do not abuse them, but let them have justice, and you win them. The worst is, that they are the worse for the Christians; who have propagated their vices, and yielded them tradition for ill, and not for good things. But as low an ebb as these people are at, and as inglorious as their own condition looks, the Christians have not outlived their sight, with all their pretensions to an higher manifestation. What good, then,* 8.73 might not a good people graft, where there is so distinct a knowledge left between good and evil? I beseech God to incline the hearts or all that come into these parts, to outlive the knowledge of the na|tives, by a fixt obedience to their greater know|ledge of the will of God; for it were miserable, indeed, for us to fall under the just censure of the poor Indian conscience, while we make profession of things so far transcending.

    XXVI. For their original, I am ready to be|lieve them of the Jewish race; I mean,* 8.74 of the stock of the ten tribes; and that, for the following rea|sons: First, they were to go to a "land not plan|ted, nor known;" which, to be sure, Asia and Africa were, if not Europe; and he, that intended that extraordinary judgment upon them, might make the passage not uneasy to them, as it is not impossible in itself, from the eastermost parts of of Asia, to the westermost of America. In the next place; I find them of the like countenance, and their children of so lively resemblance, that a

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    man would think himself in Duke's place, or Ber|ry-street, in London, when he seeth them. But this is not all;* 8.75 they agree in rites; they reckon by moons; they offer their first fruits; they have a kind of feast of tabernacles; they are said to lay their altar upon twelve stones; their mourning a year; customs of women, with many other things, that do not now occur.

    So much for the natives; next, the old plan|ters will be considered in this relation, before I come to our colony, and the concerns of it.

    * 8.76XXVII. The first planters, in these parts, were the Dutch; and soon after them, the Swedes and Finns. The Dutch applied themselves to traf|fick; the Swedes and Finns, to hushandry. There were some disputes between them, some years; the Dutch looking upon them, as intruders upon their purchase and possession; which was finally end|ed in the surrender, made by John Rizeing, the Swe|dish Governor, to Peter Styresant, Governor for the states of Holland, anno 1655.

    * 8.77XXVIII. The Dutch inhabit mostly those parts of the province, that lie upon, or near the bay; and the Swedes, the freshes of the river Dela|ware. There is no need of giving any description of them; who are better known there than here; but they are a plain, strong, industrious people; yet have made no great progress, in culture, or propagation, of fruit trees; as, if they desired rather to have enough, than plenty, or traffick. But, I presume, the Indians made them the more careless, by furnishing them with the means of profit, to wit, skins and furs, for rum, and such strong liquors. They kindly received me, as well as the English, who were few, before the people, concerned with me, came among them. I must needs commend their respect to authority, and kind behaviour to the English; they do not degene|rate

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    from the old friendship, between both king|doms. As they are people proper and strong of body, so they have fine children, and almost every house full; rare to find one of them without three or four boys, and as many girls; some, six, seven and eight sons. And I must do them that right; I see few young men more sober and laborious.

    XXIX The Dutch have a meeting place, for religious worship, at New-castle; and the Swedes,* 8.78 three; one at Christina, one at Tenecum; and one at Wicoco, within half a mile of this town.

    XXX. There rests that I speak of the condi|tion we are in, and what settlement we have made:* 8.79 in which I will be as short as I can; for I fear, and not without reason, that I have tried your pati|ence with this long story. The country lieth, bounded on the east, by the river and bay of Delaware, and eastern sea; it hath the advantage of many creeks, or rivers rather,* 8.80 that run into the mai river, or bay; some navigable for great ships, some, for small craft. Those of most emi|nency are, Christina, Brandywine, Skilpot, and Sculkil; any one of which have room to lay up the royal navy of England; there being from four to eight fathom water.

    XXXI. The lesser creeks, or rivers, yet con|venient for sloops and ketches of good burden,* 8.81 are Lewis, Mespilion, Cedar, Dover, Cranbrook, Feversham and Georges, below; and Chichester, Chester, Toacawny, Pammapecka, Portquessin, Ne|shimenck and Pennberry, in the freshes; many lesser, that admit boats and shallops. Our people are mostly settled upon the upper rivers; which are pleasant and sweet, and generally bounded with good land: The planted part of the province and territories is cast into six counties, Philadelphia,* 8.82 Buckingham, Chester, New-castle, Kent and Sussex; containing about four thousand souls. Two gene|ral assemblies have been held, and with such con|cord

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    and dispatch, that they sat but three weeks; and, at least, seventy laws were passed without one dissent, in any material thing. But of this, more hereafter, being yet raw and new, in our gear. However I cannot forget their singular respect to me,* 8.83 in this infancy of things; who, by their private expences, so early considered mine, for the public, as to present me with an impost, upon certain goods imported and exported. Which after my acknowledgment of their affection, I did as freely remit to the province, and the traders to it.* 8.84 And for the well government of the said coun|ties, courts of justice are established in every coun|ty, with proper officers, as justices, sheriffs, clerks, constables, &c. which courts are held every two months.* 8.85 But, to prevent law suits, there are three peace makers chosen by every county court, in the nature of common arbitrators, to hear and end differences betwixt man and man. And spring and fall there is an orphans' court,* 8.86 in each county to inspect and regulate the affairs of orphans and widows.

    * 8.87XXXII. Philadelphia, the expectation of those, that are concerned in this province, is, at last, laid out, to the great content of those here, that are any ways interested therein. The situation is a neck of land, and lieth between two navigable rivers, Delaware and Sculkil; whereby it hath two fronts upon the water, each a mile; and two from river to river. Delaware is a glorious river; but the Sculkil, being an hundred miles boatable above the falls, and its course north east, towards the fountain of Susquahanna (that tends to the heart of the province, and both sides our own) it is like to be a great part of the settlement of this age. I say little of the town itself, because a plat|form* 8.88 will be shewn you by my agent; in which those who are purchasers of me, will find their names and interests. But this I will say, for the good providence of God, that, of all the many

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    laces, I have seen in the world, I remember not ne better seated; so that it seems to me to have een appointed for a town, whether we regard he rivers, or the conveniency of the coves, docks, prings, the loftiness and soundness of the land, nd the air, held by the people of these parts to e very good. It is advanced, within less than a ear, to about four score houses and cottages,* 8.89 uch as they are; where merchants and handicrafts re following their vocations, as fast as they can; while the country men are close at their farms,* 8.90 some of them got a little winter corn in the ground last season; and the generality have had an hand|some summer-crop, and are preparing for their win|ter corn. They reaped their barley, this year, in the month called May; the wheat in the month follow|ing; so that there is time, in these parts, for another crop of divers things, before the winter season. We are daily in hopes of shipping, to add to our num|ber; for, blessed be God, here is both room and accommodation for them: The stories of our ne|cessity being either the fear of our friends, or the scare-crows of our enemies: For the greatest hard|ship, we have suffered, hath been salt meat; which by fowl, in winter, and fish, in summer, together with some poultry, lamb, mutton, veal, and plen|ty of venison, the best part of the year, hath been made very passable. I bless God, I am fully satis|fied with the country and entertainment I got in it:* 8.91 For I find that particular content, which hath al|ways attended me, where God, in his providence, hath made it my place and service to reside.* 8.92 You cannot imagine my station can be, at present, free of more than ordinary business; and, as such, I may say, it is a troublesome work. But the me|thod things are putting in, will facilitate the charge, and give an easier motion to the admini|stration of affairs. However, as it is some men's duty to plow, some to sow, some to water, and some to reap; so it is the wisdom, as well as the

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    duty, of a man, to yield to the mind of Providence, and chearfully, as well as carefully, embrace and follow the guidance of it.

    * 8.93XXXIII. For your particular concern, I might entirely refer you to the letters of the President of the society; but this I will venture to say, your provincial settlements, both within and without the town for situation and soil, are without excep|tion. Your city lot is a whole street, and one side of a street, from river to river, containing near one hundred acres, not easily valued; which is besides your four hundred acres, in the city liber|ties, part of your twenty thousand acres in the country. Your tannery hath such plenty of bark, the saw mill, for timber, and the place of the glass house, are so conveniently posted for water carri|age, the city lot, for a dock, and the whalery, for a sound and fruitful bank, and the town Lewis, by it, to help your people, that, by God's blessing, the affairs of the society will naturally grow in their reputation, and profit. I am sure, I have not turned my back upon any offer, that tended to its prosperity; and though I am ill at projects, I have sometimes put in for a share with her officers, to countenance and advance her interest. You are already informed what is fit for you further to do; whatsoever tends to the promotion of wine, and to the manufacture of linen, in these parts, I cannot but wish you to promote; and the French people are most likely, in both respects, to answer that design. To that end I would advise you to send for some thousands of plants out of France, with some able Vinerons, and people of the other vocation: But because, I believe, you have been entertained with this, and some other profitable sub|jects by your President,* 8.94 I shall add no more, but to assure you, that I am heartily inclined to advance your just interest, and that you will always find me

    Your kind cordial friend, WILLIAM PENN.

    Philadelphia, the 16th. of the Sixth month, called August, 1683.

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    CHAPTER VI.

    The difficulty and dispute between William Penn and Lord Baltimore, respecting the boundaries between their territories.—A proclamation of the latter.— William Penn's letter to the Lords of planta|tions.—Lord Baltimore's commission to Colonel George Talbot, with a demand of the latter.— William Penn's answer to said demand.—Incur|sion from Maryland, attempting forcible entry.— Difficulty to restrain the Indians from strong li|quors.—Names of the members of Assembly in 1684.

    WILLIAM PENN's endeavours,* 8.95 soon after his first arrival, to cultivate a friendly and good un|derstanding with his neighbour, the Lord Baltimore,* 8.96 and to get the boundaries, between their respec|tive provinces, amicably determined, have already been mentioned; for which purpose likewise it ap|pears he had appointed his relation and deputy, Captain William Markham to treat with the said Lord Proprietary of Maryland, before he arrived himself; and afterwards repeatedly used attempts,* 8.97 for the same end. But these endeavours had not all the desired success, which, so far as appears, might have been reasonably expected.* 8.98

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    The concern of the Proprietary of Pennsylvania for a good, convenient and independant commu|nication, by water, between his province and the sea,* 9.1 for the benefit of its trade, appears to have been his principal reason for fixing his southern boundary by charter, so far south, as the begin|ning of the fortieth degree of north latitude, in|tending thereby to include, at least, so much of the head, or upper part, of Chesapeak bay, within

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    his province, as would furnish, from thence, a good, open and sufficient communication to the ocean, as well as by the Delaware. The nature and state of the controversy, about this time, be|tween the two Proprietaries, on this subject, more fully appear from the following letter of William Penn to the Lords of the committee of plantati|ons, in London; to which board the Lord Balti|more seems to have been beforehand with him, viz.

    Philadelphia, the 14th. of the Sixth-month, 1683.

    THOUGH it be a duty, I humbly own,* 10.1 to inform the Lords of the committee of plantations, of what concerns his majesty's interest in the suc|cess of this province, I thought myself equally obliged to be discreet and cautious in doing it. To write, then, there was need, and not to trou|ble persons, of their honor and business, with things trivial, at least, raw and unfinished for their view. This hitherto put me by giving any account of the state of our affairs, to say nothing of the mighty difficulties, I have laboured under, in the settlement of six-and-twenty sail of people, to con|tent, within the space of one year; which makes my case singular, and excusable, above any other of the King's plantations.

    But because my agent has informed me that the Proprietor of Maryland has been early in his account of our conference about fixing our bounds, and made a narrative of my affairs, as well before, as at that time, a little to my disadvantage, and the rather, because my silence might be interpreted neglect, I am necessitated to make some defence for myself; which, as it will not he hard to make, so I hope it will be received as just.

    I humbly say, then, first, that it seemed to me improper to trouble the Lords with my tran|sactions with this Proprietor, till we were come to some result; which we were not: for we parted till spring; and even then were but to meet about the methods of our proceedings.

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    Next, This narrative was taken by the Lord's orders,* 10.2 without my consent, or knowledge, in a corner of a room by one of his own attendants.

    And, lastly, upon when notice was given of this usage, I complained to him, he promised, upon his word and honor, it should go not far|ther; and that it was for his own satisfaction he did it; I told him that mitigated the thing a little; but if he should divulge it before I saw and agreed to the copy, he must pardon me, if I looked upon it as a most unfair practice.—What that Lord has done, and what to call it, I leave to my betters; but the surprize and indigestion of the whole will, I hope excuse me of neglect, or disrespect: for though I am unceremonious, I would, by no means, act the rude, or undutiful.

    This said, I humbly beg that I may give a brief narrative of the matter, as it then passed, since has been, and now stands, without the weak|ness and tautology his relation makes me guilty of.

    * 10.3So soon as I arrived, which was on the 24th. of October last, I immediately dispatched two per|sons to the Lord Baltimore, to ask of his health, offer kind neighbourhood, and agree a time of meeting the better to establish it: While they were gone of this errand, I went to New-York, that I might pay my duty to the Duke, in the visit of his government and colony. At my return, which was towards the end of November, I found the messengers, whom I had sent to Maryland, newly arrived, and the time fixed, being the 19th. of December. I prepared myself in a few days for that province. The 11th. of the month I came to west river; where I met the Proprietor, atten|ded suitable to his character; who took the occa|sion, by his civilities, to shew me the greatness of his power: The next day we had conference about our business of the bounds, both at the same table, with our respective members of council.

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    The first thing I did was to present the King's letter; which consisted of two parts:—One, that the Lord Baltimore had but two degrees; and the other,* 10.4 that, beginning at Watkins's point, he should ad|measure his said degrees, at 60 miles to a degree. This being read by him, first privately, then publicly, he told me, the King was greatly mista|ken, and that he would not leave his patent, to follow the King's letter, nor could a letter void his patent; and by that he would stand.

    This was the substance of what he said from first to last, during the whole conference. To this I answered, the King might be misinformed rather than mistaken, and that I was afraid the mistake would fall on his side; for though his pa|tent begins at Watkins's point and goes to the forti|eth degree of north latitude, yet it presumed that to lye in the 38th. else Virginia would be wronged, which should extend to that degree; however this I assured him, that when I petitioned the King for five degrees north latitude and that petition was referred to the Lords of the committee of planta|tions; at that time, it was urged by some present, that the Lord Baltimore had but two degrees; upon which the Lord President, turning his head to me, at whose chair I stood, said, Mr. Penn, will not three degrees serve your turn? I answered, "I submit both the what, and how, to the honour|able board."

    To this his uncle, and chancellor, returned, that to convince me his father's grant was not by degrees, he had more of Virginia given him, but being planted, and the grant intending only land not planted, or possessed, but of savage na|tives, he left it out, that it might not forfeit the rest: Of which the Lord Baltimore takes no notice, in his narrative, that I remember.—But, by that answer, he can pretend nothing to Delaware; which was at, and before, the passing of that pa|tent,

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    bought and planted by the Dutch; and so could not be given:—But, if it were, it was for|feited,* 10.5 for not reducing it, during twenty years, under the English sovereignty; of which he held it; but was at last reduced by the King, and there|fore his, to give as he pleaseth.

    Perceiving that my pressing the King's letter was uneasy, and that I had determined myself to dispose him with utmost softness to a good compli|ance, I waved that of the two degrees, and pressed the admeasurement only, the next part of the let|ter:—For though it were two degrees, and a half from Watkins's point to forty degrees, yet let it be measured at sixty miles to a degree, and I would begin at forty degrees, fall as it would:—My de|sign was, that every degree being seventy miles, I should get all that was over sixty, the proportion intended the Lord Baltimore, by the grant, and computation of a degree, at that time of the day:—Thus he had enjoyed the full favour intend|ed him, and I had gained a door of great impor|tance to the peopling and improving of his majesty's province.

    But he this also rejected;—I told him, it was not the love, or need, of the land, but the water; that he abounded in what I wanted, and access and harbouring, even, to excess; that I would not be thus importunate, but for the importance of the thing, to save a province; and because there was no proportion in the concern; if I were an hundred times more urgent and tenacious, the case would excuse it; because the thing insisted on was more than ninety-nine times more valuable to me than to him; to me the head, to him, the tail.—I added, that, if it were his, and he gave it me, planting it would recompence the favours, not only by laying his country between two thriving provinces, but the ships, that come yearly to Ma|ryland for tobacco, would have the bringing of

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    both our people and merchandize; because they can afford it cheaper; whereby Maryland would, for one age or two be the mart of trade.* 10.6 But this also had no other entertainment, but hopes that I would not insist on these things at our next meet|ing; after three days time we parted; and I return|ed to this province.

    When the spring came I sent an express to pray the time and place, when and where I should meet him, to effect the business, we adjourned to, at that time. I followed close upon the messenger, that no time might be lost. But the expectation, he twice had, of the Lord Culpepper's visit, disap|pointed any meeting on our affairs, till the month called May; he then sent three gentlemen to let me know, he would meet me at the head of the bay of Chesapeak; I was then in treaty with the kings of the natives for land; but three days after we met ten miles from New-castle, which is thirty from the bay. I invited him to the town, where having entertained him, as well as the town could afford, on so little notice, and finding him only desirous of speaking with me privately, I pressed that we might, at our distinct lodgings, sit seve|rally with our councils, and treat by way of writ|ten memorials; which would prevent the mistakes, or abuses, that may follow from ill designs, or ill memory; but he avoided it, saying, "He was not well, and the weather sultry, and would return with what speed he could, reserving any other treaty to another season."—Thus we parted, at that time. I had been before told by divers, that the said Baltimore had issued forth a proclamation,* 10.7 to invite people, by lower prices, and greater quan|tities of land, to plant in the lower counties; in which the Duke's goodness had interested me, as an inseparable benefit to this whole province. I was not willing to believe it; and the being in haste, I omitted to ask him: But I had not been

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    long returned before two letters came from two judges of two of the country courts, that such a proclamation was abroad,* 10.8 that the people too hear|ken to it, but yet prayed my directions. I bade them keep their ground, and not fear, for the King would be judge. Upon this I dispatched to the Lord Baltimore three of my council, with the clerk of it: As they went they got an authentic copy, under the hand of one of his sheriffs, to whom an original had been directed: But, as the last civility, I would yield him, I forbad them to seem to believe any thing, but what they had from his own mouth.—Thus they delivered my letter.

    At first, he denied any such proclamation, turning to two gentlemen of his council, who stood by, he asked them, if they remembered any such thing? They also denied it. Upon which the persons, I sent, produced the attested copy; which, refreshing their memories, they confessed there was such a proclamation.

    But the Lord Baltimore told them, that it was his ancient form, and he only did it to renew his claim, not that he would encourage any to plant there. They then prayed him to call it in, lest any trouble should ensue: but he refused it.—This was during a civil treaty, without any demand made, and after the place had been many years in the quiet possession of the Duke.—What to call this I still humbly refer to my superiors. For his pretensions to those parts I have thoroughly instruct|ed my agent; who, I hope, will be able to detect them of weakness and inconsistency. This is a true, though brief, narrative of the entertainment, I have had from that Lord, in the business be|tween us.

    And because I have, as in duty joined, sent an agent extraordinary, to wait upon the King, and his ministers, in the affairs of this province (so soon as I could make any settlement in it) I shall only

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    humbly pray leave to hint at two or three things, relating to the business depending between this lord and myself,* 10.9 about finding the fortieth degree of north latitude.

    I. That I have common fame on my side, grounded upon ancient and constant judges, that the fortieth degree of north latitude lyeth about Boles's-isle. This the Lord Baltimore himself, hath not denied; and the country confesseth; and I shall, when required, prove by some able masters of ships.

    II. If this were an error, it is grounded upon such skill and instruments, as gave measure to the time, in which his patent was granted:—and if he hath got upon Virginia by that error, he should not get upon me by an exacter knowledge, considering that Carolina, which endeth by degrees, would as much advance upon Virginia, if the reputed latitude of unprejudiced times should take no place;—for by advancing her bounds twenty miles, by a new instrument, beyond the place; which hath been generally taken for thirty-six and an half degrees; and Virginia not being equally able to advance upon Maryland, because of its being at a place certain, she will be greatly narrowed between both.

    III. I, therefore, most humbly pray, that the judgment of ancient times, by which persons at the distance of England from America, have governed themselves, may conclude that the lord's bounds, or, that he may measure his two degrees according to the scale and computations of those times, which was sixty miles to a degree; or, if it be allowed, that he had not his grant by degrees, that, at last, I might not lose the benefit of admeasurement, as before mentioned, from Watkins's-point, in whatever degree of latitude that shall be found, to the fortieth degree of north latitude, which I humbly take the more courage to press, because a province lyeth at stake, in the success of it.

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    I have only humbly to add, that the province hath a prospect of an extraordinary improvement, as well by divers sorts of strangers,* 10.10 as English sub|jects; that, in all acts of justice, we name and ve|nerate the King's authority; that I have followed the Bishop of London's counsel, by buying, and not taking away the natives' land; with whom I have settled a very kind correspondence. I return my most humble thanks for your former favors, in the passing of my patent, and pray God reward you. I am most ready to obey all your commands, according to the obligations of them, and beseech you to take this province into your protection, un|der his Majesty, and him, whom his goodness hath made Governor of it, into your favours, for that I am, with most sincere devotion,

    Noble Lords,

    Your thankful faithful, friend and servant, to my power, WILLIAM PENN.

    The nature and state of this controversy, about this time, further appear, by the following papers, viz.

    * 11.1Charles Lord Baltimore, absolute Lord and Pro|prietary of the province of Maryland and Ava|lon, &c.

    To our dear cousin and counsellor, Colonel George Talbot, Esquire. (L. S.)

    REPOSING special confidence in your wis|dom and integrity, I hereby nominate and appoint and impower you to repair forthwith to the Skulkil at Delaware; and, in my name, to demand of William Penn, Esquire, or of his deputy, all that part of the land, on the west side of the said river, that lyeth to the southward of the fortieth degree, northern latitude, according to an east line, run out from two observations, the one taken the 10th.

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    of June, 1682, and the other, the 27th. of Septem|ber, 1682, in obedience to his majesty's commands, expressed in a letter of the 2d. of April 1681; which commands were, at that time, rejected by the agents of the said Penn (notwithstanding that by several letters and writings under their hands it may appear they promised a compliance with his majesty's commands aforesaid) and for which you shall do herein, this shall be to you a sufficient power.

    —Given under my hand and seal, the 17th. day of September, anno 1683.

    C. BALTIMORE.

    Vera copia attesta per me, George Talbot.

    By virtue of his lordship's commission, whereof the above is a true copy, I, George Talbot, do,* 11.2 in the name of the right honourable Charles Lord Baltimore, absolute Lord and Proprietary of Ma|ryland and Avalon, demand of you Nicholas Moore, deputy to William Penn, Esquire, all the land lying on the west side of Delaware river, and to the southward of the fortieth degree of northerly lati|tude, according to a line run east, from two obser|vations, the one taken the 10th. of June, 1682, and the other on the 27th. of September, 1682, in obedience to his majesty's commands, expressed in a letter, the 2d. of April, 1681; which com|mands were at that time rejected by the said William Penn's agents, notwithstanding that by several let|ters and other writings, under their hands, it appears that they promised compliance to his majesty's com|mands aforesaid.—The land so claimed by me for the Lord Baltimore's use, being part of the said province of Maryland, granted to his lordship's father by King Charles the first, of sacred memory, and now wrongfully detained by the said William Penn, from his lordship. And, in witness, that I make this demand, I have hereunto set my hand and seal, the 24th. day of September, 1683."

    GEORGE TALBOT. (L. S.)

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    William Penn, being at New-York, at the time of this demand, after his return, made the follow|ing answer,* 11.3 viz.

    An answer to a demand, made to Nicholas Moore, as my deputy,* 12.1 by Colonel George Talbot, the 24th. of September, 1683, in pursuance of a commission, from the Lord Baltimore, Proprietary of Maryland and Avalon, dated the 17th. of the same month.

    The demand being grounded upon the com|mission, I will take things in their order, and begin with the commission.

    The Lord Baltimore doth commissionate Colo|nel Talbot to go to the west side of the Skulkil to demand of William Penn, Esquire, or his deputy, all that part of land on the west side of that river, that lyeth to the south of the fortieth degree of northerly latitude.

    I. I answer, it seems very slight, abrupt and unprecedented for any person, that is in the quality of a Proprietary of a country, to send to another in the same circumstance, any extraordinary mes|senger, agent, or commissioner, without some let|ter, or memorial, to state the demand, with the reasons of it; the practice of the greatest princes, and might therefore (I conceive) be the condescen|sion of lesser seigniories.

    II. In the next place, William Penn, Esquire, and the said Penn, (the language of the commission) is not my American style, nor that which belongs to me, in the matter in question; for, as such, I keep no deputies.

    III. I live not on the west side of Skulkil, nor any deputy of mine; and I conceive Colonel Talbot could not, by that commission, come to the east side, to make his demand; which yet he did.

    IV. I was absent, and at New-York, when this commissioner came; and I never did, nor never will, commission any deputy to treat and conclude away my inheritance, without my particular di|rection

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    and command; though, if I were to go for England, I would not disown the laws, he should make in my absence, for public good,* 12.2 when I came back.

    V. Colonel Talbot is directed, in the com|mission, to make the demand, according to a line, said to be run, in obedience to his majesty's com|mand, in his letter of the 2d. of April, 1681; but I say, that no line is yet run, in obedience to his majesty's command;—for the letter expressly saith, that the Lord Baltimore, or his agent, shall, together with my agent, agree to the latitude, and then run the line, and bound the provinces accord|ingly; which is not yet done: For those observa|tions, and the line run by them, are performed by the Lord Baltimore, and his agents only, and there|fore not according to his majesty's command, in his letter of the 2d. of April, 1681, nor, in my opi|nion, common equity; for I knew nothing of them.

    VI. To say (as his commission doth) that my commissioners refused to comply with the said let|ter, is hard for me to do; since the chiefest of them brought it in my favour. But the truth is, (if they say true, and circumstances favour them) the thing is improbable; for the Lord Baltimore would have had them agreed to have taken an ob|servation upon the river Delaware, when as the King's letter (stating my bounds, as they are ex|pressed in my patent) begins twelve miles above New-castle, upon the west side of Delaware river, and so to run to the 43d. degree of north lati|tude, upon the said river; which makes it impossi|ble, that the Lord Baltimore could come within those limits to take an observation, or run a line, in pursuance of his majesty's commands, in the said letter; since taking an observation on Delaware river (which, say they, he pressed) is a plain viola|tion of it. They further say, that they never re|fused, but pressed the taking of an observation,

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    according to his majesty's letter; which is grounded on the bounds of my patent;* 12.3 and when the Lord Baltimore and my agent had agreed to meet at New-castle, and to proceed according to his ma|jesty's letter, 'tis true that my agent came not, and as true, saith he, that the reason was the Lord Baltimore called immediately at Chichester, alias, Marcus Hooks, as he went to New-castle, and for|bad the inhabitants to pay me Quit-rent, and named the place by a new name, before any line was run, or any observation agreed; which being a declared breach of the King's commands, and their treaty, in the opinion of my agent, he re|fused to meet the next day about a matter, the Lord Baltimore had, in such a manner, already determined.

    VII. But what fault soever they were in, sure I am, that, before an observation was agree, or any line was run, I came in, and suddenly after waited upon the Lord Baltimore. I presented him with another letter from his majesty; which he was so far from complying with, that he looked upon the King, as mistaken, and set his patent in direct opposition; and to this day would never hear of complying with it, in either of the two points it related to; that is to say, his having but two degrees, and that beginning them at Watkins's point, he should admeasure them, at sixty miles to a degree, to terminate the north bounds of his province. Now, in my opinion, it was not pro|per to ground his proceedings upon a former let|ter, in neglect of a later advice and command from his majesty: Nor doth it look very just to make the caution, or neglect of an agent, in the absence of his principal, a reason to proceed against his principal, when present with other instructions, without due regard had to him, or his allegations. And I must say, that, at New-castle, when I pres|sed the Lord Baltimore to sit in one house with his

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    Council, and I would sit with mine in another, that we might treat by written memorials under our hands, to prevent mistakes, ill memory,* 12.4 or ill will, he refused, alledging, he was not well; I did then tell him, I would wave what force or ad|vantage I thought I had by the second letter, and proceed to meet him at the place he desired, which was the head of Chesapeak bay, and there try to find the fortieth degree of north latitude, provi|ded he would first please to set me a gentlemanly price; so much per mile, in case I should have no part of the bay by latitude; that so I might have a back port to this province. This I writ, accor|ding to his desire, and sent after him, to sell he refused, but started an exchange of part of that bay for the lower counties, on the bay of Delaware. This, I presume, he knew I could not do; for his Royal Highness had the one half; and I did not prize the thing, I desired, at such a rate. Soon after this meeting, I understood that he had issued forth a proclamation some time before, to invite people to plant those parts in my possession, under his Royal Highness; and that also before any de|mand had been made, or our friendly treaty ended; which I took so ill, in right of his Royal Highness, and that which his goodness had made mine, that I sent commissioners (first to know the truth of it from his own mouth, before I would credit the intelligence, I had received, and, if true) to com|plain of the breach of our friendly treaty, and that it might be repaired; which he hath taken so ill (how deservedly let the whole world judge) that he hath sent me letters of a very coarse style; such, as indeed, could not be answered without those terms, which unbecome men in our public stations; who, in the midst of all disagreements, ought to manage themselves with coolness and exact civility; and, if, in this, I have, at any time, been short, let me but know it, and I, that think it a meanness of spirit to justify an error,

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    when committed, am not too stiff to ask him par|don.* 12.5 Here I left him, expecting his news when he came to the head of the bay, in September, as I thought he promised me; but instead of that, an observation is taken, a line run, and trees marked, without my notice, and a demand made thereupon, and all grounded on his majesty's let|ter of the 2d. of April 1681: in which I must again say, I find no such direction, which bring|eth me to the demand itself.

    VIII. To the demand, viz. Of all that land on Delaware river to the south of the fortieth de|gree of north latitude, I have this to say, that 'tis very odd the demand should be made several months after the proclamation was put forth, to encourage people to plant most of the parts de|manded; but much more strange, that, after the Lord Baltimore had declared under his hand, that he did not by that intend to break our amicable treaty, he should, without further provocation given, proceed to demand those parts! Certainly, this was not intended to continue our friendship; nor did it look with common decency, that Colo|nel Talbot should not think me worth leaving a letter at my house, where he lodged, when he went away, as well as the land worth such a de|mand. But, indeed, his carriage all along shews, he came to defie me, not treat me, like either a neighbour, or gentleman. A sudden change amu|sing the King's people, under my charge, by threats, or drawing them off their obedience, by degrading mine; and invitations to the Lord Bal|timore's government. This I found at my return, in his conduct (though not in his commission) as some of the people do aver.

    IX. But, in the next place, the Lord Balti|more hath no warrant to run his line to the river of Delaware, neither by the King's letter, nor his own patent, if he peruseth them well, where he will find the bay, but not the river, of Delaware.

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    X. The land demanded is not a part of the province of Maryland, as is expressed in the de|mand; for it is in the jurisdiction of Delaware,* 12.6 (alias, Newcastle) which is by several acts of the Assembly of Maryland, distinguished and disowned from being any part of that province.

    XI. The Lord Baltimore hath no land given him by patent, but what was unplanted of any but savage nations; and this west side of the river Delaware, before, and at, the passing of his pa|tent, was actually bought and possessed by a civil and christian people, in amity with the crown of England; and by the treaty of peace in 1653, be|tween the English and Dutch, it was part of one article of the treaty, that the Dutch should enjoy those territories, in America, of which this was a member; and we do know, foreign actions of that time and kind continued firm after his majesty's restoration; for Jamaica still remains to us; and Dunkirk itself was not rendered, but sold.—To be short, I conceive, it is more for the Lord Balti|more's honour and safety, that it should be so, as I say, than otherwise:—For, if he claimeth what was possessed of the Dutch, on Delaware river, south of the fortieth degree of north-latitude, as what was lawfully under the English sovereignty, how cometh he to suffer part of his province to re|main under a strange and foreign sovereignty to that, under which he held his claim?

    XII. But, if the Lord Baltimore had a just pretence to this river, and former possession too, which he never had, yet being by the Dutch taken, and by the King taken from the Dutch, it becomes the conqueror's:—For, it is known, that, if any of our English merchants ships be taken, and pos|sessed but twenty-four hours, by an enemy, if re|taken by the crown, they are prize; and this place was more than twenty-four years in the hands of

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    the Dutch.* 12.7 This made his Royal Highness take out fresh patents, upon the opinion of Council (since the last conquest) for his territories,* 12.8 in America. Nor is the Lord Baltimore in the condi|tion of an ordinary subject; (in whose favour something might be alledged) for he hath regli principality, though subordinate to the King, as his style shews; and I conceive he is bound to keep his own dominions, or else lose them; and if lost to a foreigner, and taken by the sovereign, the sovereign hath the right; another conqueror could plead. This is the present jus gentium, and law of nations; which in foreign acquests pre|vaileth; and the King, accordingly has granted it, under his great seal of England, to his Royal High|ness. And, if there were no truth in this, but the Lord Baltimore's patent were title good enough for what was actually another's before, and which he never enjoyed since, Connecticut colony might put in for New-York, as reasonably as the Lord Baltimore can for Delaware, their patent having that part of the Dutch territories within its bounds, on the same mistake.† 12.9

    XIII. I shall conclude with this, that the King, by articles of peace, between him and the states of Holland, is the allowed owner of all that territory, in America, once called New Netherland; of which this is a part. He hath been graciously pleased to grant it by two patents, and this, in controversy, by one, under the great seal of En|gland, to his dearest brother, James, Duke of York and Albany, &c. And his Royal Highness,

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    out of his princely goodness, and singular regard, he was pleased to have, to the services and ones of my deceased father,* 12.10 hath interested me in part of the same; so that he is lord, (and I am tenant) of him I hold, and to him I pay my rent; and for him I improve, as well as myself; and, there|fore, I must take leave to refer the Lord Baltimore to his Royal Highness; who is a prince, doubtless, of too much honour, to keep any man's right, and of too great resolution, to deliver up his own; whose example I am resolved to follow.

    Philadelphia, 4th. of October, 1683.

    Such appears to have been the state of this con|troversy, at this time.* 12.11 The year 1684 commenced with an incursion of a party of people from Mary|land, making forceable entry on several plantati|ous in the lower counties: upon which the Gover|nor and Council, at Philadelphia, sent a copy of the preceding answer to the Lord Baltimore's de|mand, with orders to William Welch, to use his influence, for reinstating the persons, who had been dispossessed; and, in case mild measures would not do, he was directed legally to prosecute the invaders: but the former method appears, at pre|sent, to have answered the intention; for no more of this kind of conduct was heard of till the next month; when some of the inhabitants were afresh threatened with the same outrages, in case of their refusal to be under the Lord Baltimore, The go|vernment issued a declaration, shewing William Penn's title, and such other requisites as were thought most likely to prevent such illegal pro|ceedings in future.* 12.12

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    It is likewise observable, about this time, that the methods then used, and the law, which had been made,* 12.13 to prevent strong liquors from being sold to the Indians, did not fully answer the inten|tion; for these people, notwithstanding, through some mean and unprincipled persons among the European settlers, in a clandestine manner, still procured them. The Governor, therefore, see|ing the great difficulty, if not the absolute impossi|bility, of debarring them from these liquors, cal|led a number of them together, and proposed, that, on condition they would be content to be punished, as the English were, in consequence of drunkenness, they should not be hindered from the use of them? This they readily agreed to; and would, probably, have been willing to endure much greater punishment, on these terms; so great is their love of strong liquors! The best methods, that prudence could dictate, had been used, as it was thought,* 12.14 and much advice given them to in|culcate an abhorrence of the vice of drunkenness, but too generally without that effect, which was desired; their appetite having so much the preva|lency over their reason, and their sensual desires, above their better understanding, that, while they saw and acknowledged the means used for their real interest, in this affair, to be good, they lived in the continued violation of them!

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    CHAPTER VII.

    The Proprietary obliged to return to England.— Commissionates the Provincial Council to act in his absence, &c.—His commission to the Judges, &c.— William Penn's valedictory letter, to his friends in Pennsylvania from on board the ship, at his depar|ture.—Oldmixon's account.—Thomas Langhorne. Death of Charles the IId. and succession of James the IId. to the crown of England, with William Penn's interest and service at court.—Extract of a letter from the Proprietary on the subject, &c.— Names of the members of Assembly in 1685.— The dispute between William Penn and Lord Bal|timore, respecting the boundary of the territories decided, &c.—Boundary lines between the coun|ties of the province ascertained.—Proceedings of the Assembly against N. Moore, J. Bridges and P. Robinson.—Letter of the Proprietary to the ma|gistrates, respecting some abuses.—Assembly's let|ter to the Proprietary respecting N. Moore, &c. William Penn in Holland and Germany.—Extracts from his letters.—The province needs his presence. Means used to instruct the Indians, and to restrain them from strong liquors, &c.

    WILLIAM PENN continued in Pennsylvania and sometimes in the adjacent province of New-Jersey, and other neighbouring places,* 12.15 till the beginning of the summer, this year, settling and establishing the government, and assisting his friends, the Quakers, in regulating the affairs and

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    oeconomy of their religious society, in these parts; where, most probably, he would have resided much longer, had not the dispute, between him and the Lord Baltimore,* 12.16 before mentioned, and other im|portant affairs, called him home, to England; where his enemies, taking the advantage of his absence, threw his affairs there into a critical situa|tion and rendered his presence absolutely necessary, in that nation.

    Upon this he signed a commission, empowering the Provincial Council, to act, in the government in his stead;* 12.17 of which Thomas Lloyd was president; who also had a commission to keep the great seal.* 12.18* 12.19 Nicholas Moore, William Welch, William Wood, Ro|bert Turner and John Eckley were commissioned to be Provincial Judges, for two years; their com|mission was in these words, viz.

    * 13.1William Penn, Proprietary and Governor of the Province of Pennsylvania, and territories there|unto belonging,

    To my trusty and loving friends, Nicholas Moore, William Welch, William Wood, Robert Tur|ner and John Eckley, greeting:

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    Reposing special confidence in your justice, wisdom and integrity, I do, by virtue of the King's authority, derived unto me, constitute you, Pro|vincial Judges, for the province and territories, and any legal number of you, a provincial court of judicature, both fixt and circular, as is by law directed; giving you, and every of you, full power to act therein according to the same, strictly charg|ing you, and every of you, to do justice to all, and of all degrees, without delay, fear, or re|ward; and I do hereby require all persons within the province and territories aforesaid, to give you due obedience and respect, belonging to your station, in the discharge of your duties: This com|mission to be in force during two years, ensuing the date hereof; you, and every of you, behaving yourselves well therein, and acting according to the same.

    Given at Philadelphia, the 4th. of the Sixth month 1684, being the thirty-sixth year of the King's reign, and the fourth of my go|vernment,

    WILLIAM PENN.

    Thomas Lloyd, James Claypoole* 13.2 and Robert Tur|ner were empowered to sign patents,* 13.3 and grant warrants for lands; and William Clark had a gene|ral commission, to be justice of the peace through|out the province and territories.* 13.4 Other Justices being likewise appointed, and all things settled in a promising and prosperous condition, the Proprie|tary, on the 12th. of the Sixth month, 1684, sailed for England.† 13.5

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    But prior to his entirely leaving the country, he writ from on board the ship,* 13.6 in which he sailed, the following most affectionate farewell, to be com|municated to those, whom he left behind; which, as a memorial of the father of this country, among many others, may, in part, shew to posterity, his real concern for the true happiness of the people, both in their temporal and spiritual capacity, and the prosperity of the country in every respect, viz.

    For Tho. Lloyd, J. Claypoole, J. Simcock, Ch. Tay|lor and J. Harrison, to be communicated in meetings in Pennsylvania, &c. among friends:

    Dear Friends,

    * 14.1MY love and my life is to you, and with you; and no water can quench it, nor distance wear it out, or, bring it to an end:—I have been with you, cared over you, and served you with unfeign|ed love; and you are beloved of me, and near to me, beyond utterence. I bless you, in the name and power of the Lord; and my God bless you with his righteousness, peace and plenty, all the land over. Oh, that you would eye him, in all, through all, and above all the works of your hands; and let it be your first care, how you may glorify God in your undertakings: for to a bles|sed end are you brought hither; and if you see and keep but in the sense of that Providence, your coming, staying and improving will be sanctified; ☞but if any forget God, and call not upon his name, in truth, he will pour out his plagues upon them; and they shall know who it is, that judgeth the chil|dren of men.

    Oh, now you are come to a quiet land, pro|voke not the Lord to trouble it: And now liberty

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    and authority are with you, and in your hands, let the government be upon his shoulders, in all your spirits; that you may rule for him,* 14.2 under whom the princes of this world will, one day, esteem it their honor to govern and serve, in their places. I cannot but say, when these things come mightily upon my mind, as the Apostles did, of old, "What manner of persons ought we to be, in all godly conversation!" Truly, the name and honour of the Lord are deeply concerned in you, as to the discharge of yourselves, in your present stati|ons; many eyes being upon you; and remember, that, as we have been belied about disowning the true religion, so, of all government, to behold us exemplary and christian, in the use of that, will not only stop our enemies, but minister conviction to many, on that account, prejudiced. Oh, that you may see and know that service, and do it, for the Lord, in this your day:—

    And, thou, Philadelphia, the virgin settle|ment of this province, named before thou wert born, what love, what care, what service, and what travail has there been, to bring thee forth, and preserve thee from such as would abuse and defile thee!

    Oh, that thou mayst be kept from the evil, that would overwhelm thee; that, faithful to the God of thy mercies, in the life of righteousness, thou mayst be preserved to the end:* 14.3—My soul prays to God for thee, that thou mayst stand in the day of tryal, that thy children may be blessed of the Lord, and thy people saved by his pow|er;—my love to thee has been great, and the re|membrance

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    of thee affects mine heart and mine eye!—the God of eternal strength keep and pre|serve thee,* 14.4 to his glory and thy peace.

    So, dear friends, my love again salutes you all, wishing that grace, mercy and peace, with all temporal blessings, may abound richly among you;—so says, so prays, your friend and lover in the truth,

    WILLIAM PENN.

    From on board the Ketch Endea|vour, the Sixth month, 1684.

    * 14.5In England, on the sixth of the Twelfth month this year (1684) died King Charles the second; and was succeeded by his brother, James, Duke of York, a professed Papist.* 14.6—The people were

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    thereupon filled with great apprehensions and fears, lest, according to the usual practice of those religious devotees, who would compel all people under their power, to their own mode of religion, as in the persecuting days of Queen Mary, he should endeavour, by the ruin of the

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    Protestant, to establish the Popish, power and hierar|chy, in the nation. So that had the Proprietary of Pennsylvania,* 14.8 at this time, fomented the gene|ral uneasiness, by encouraging multitudes, then upon the wing, he, most probably might, as him|self said, "Have put many more thousands of peo|ple into his province, as well as pounds into his pac|ket than he did."* 14.9

    * 14.10But the actions of William Penn appear to have had more noble and generous motives, than those of private interest, or, of a party only; and from that friendship and intimacy, which he had had with the King, while Duke of York, he now employed his interest with him, not only for the relief of his suffering friends, the Quakers (who then had long filled the jails through the nation, on account of their religion) but also for the benefit of such other persons, as were in distress or difficulty, without distinction of sect or party: besides what might be proper, in his private and friendly capa|city and communication, in advising the King both for his own real interest, and the good of the nation in general, however disregarded, or ne|glected, by him, through a different conduct.

    For his more convenient attendance, therefore, at court, and for the easier performance of these acts of humanity, friendship, charity, and gene|ral

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    service to his country,* 14.11 as well as his own pri|vate concerns, in the year 1685, he fixed his resi|dence near Kensington;* 14.12 all which gave occasion to the ignorant, the suspicious, and his malicious enemies, to impute to him things, in which he 〈◊〉〈◊〉 no way concerned, as a promoter of them, and, from that enmity, which many had igno|rantly conceived against the religious profession of the people called Quakers, and against him, on that account, to load him with many lies and re|proaches, as may be seen in his printed life and works.

    The Lord Baltimore's agent had,* 14.13 in the year 1683, petitioned King Charles the second, that no fresh grant of the land, in the territories of Penn|sylvania might pass in favour of William Penn, till the said Lord was heard, on his pretension of right thereto; which petition was referred to the Lords of the committee of trade and plantations: these after many attendances and divers hearings of both parties, made their report to King James the second; who, in November, 1685, by an order of Coun|cil, determined the affair between them;* 14.14 by or|dering a division to be made of all that tract of land between Delaware and Chesapeak bay, from the latitude of cape Hinlopen, to the south boun|dary of Pennsylvania, into two equal parts; of which that share on Delaware was assigned to the King; and that on Chesapeak, to the Lord Bal|timore.* 14.15

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    This division was, by the King, in Council, ordered immediately to be made; but its execution being many years delayed,* 15.1 Queen Ann was twice petitioned for a further hearing; which being ob|tained, the first order of council, of 1685, was, by the Queen, ratified and confirmed, in all its parts, and commanded to be put in execution, without further delay.

    * 15.2In consequence hereof this territory, which be|fore had been divided by William Penn, into the three counties of New-Castle, Kent and Sussex, became bounded on the east, by the river and bay of Delaware, and partly by the ocean; on the south, by an east and west line, drawn a few miles south of the Indian river, in latitude about thirty-eight and an half; which line extends halfway be|tween the ocean, on the east, and Chesapeak bay, on the west, thirty-five miles; and from thence on the west of the said counties, by a right line nearly in a north direction to the south boundary of Penn|sylvania; which is in a parallel of about fifteen miles due south of Philadelphia;* 15.3 so that the said line touch the arch of a circle, drawn at twelve miles distance from New-Castle to the river Dela|ware; and thence from the end of the said line, on the north eastward, to the river Delaware, by the said arch.

    Hence the breadth of these counties, east and west, continues to decrease, from their south boundary, where it is thirty-five miles, till it is only about twelve miles, at, or near, the border

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    of Pennsylvania. The said north and south line, from latitude thirty-eight degrees, thirty minutes, to thirty-nine degrees, forty-four minutes,* 15.4 is about eighty-five miles; but, in consideration of the space, included in the north part of the circle's arch, the whole territory may, probably, be near ninety miles in length; this, multiplied by twenty-three, the mean breadth, gives 2070 square miles; which last number, multiplied by 640, the number of acres in one square mile, produces 1,324,800, or above one million and a quarter of acres, in this territory.

    At a Council held in Philadelphia,* 15.5 on the first day of the Second-month, 1685,—Present Thomas Lloyd, President, and nine others,—the lines of se|paration between the county of Philadelphia, and those of Bucks and Chester, were confirmed, accord|ing to the Proprietary's mind, signified to some of his friends, before he left the province.* 15.6

    Nicholas Moore from London, one of the pro|vincial judges, being first in commission, took place, as prior judge; or in the style of later times, as Chief Justice of the province, and was a mem|ber of Assembly.† 15.7 Though he appears to have

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    been a person of good and useful abilties, and esteemed by the Proprietary, yet being accused of mal-practices, he fell under the displeasure of the house;* 15.8 and they impeached him in form, by a de|claration exhibited to the Council, on the 15th. of the Third-month, this year, consisting of ten articles; besides saving to themselves the liberty of adding more; and concluded with a request, that he might be removed from his great offices and trust, and be made to answer to the crimes and misdemeanors, which were brought against him.* 15.9

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    The Council, having received the Assembly's charge against Moore, ordered several of their members to acquaint him with the accusation,* 17.1 and to request his appearance before the Council, next day; but he not appearing, at the time appointed, the articles against him were read a second time, and notice given to the Assembly, that they were willing to hear their proofs. The Speaker, John White, Abraham Man, Thomas Usher, John Blun|ston, William Barry and Samuel Gray were ap|pointed managers for the house, on the occasion; who supporting the charge, the President and Council sent a second notice to Moore, to appear at the Council-chamber, on the 19th. but he still neglecting, after some time of delay, notice was again sent him by a Council convened on the 2d. of the Fourth-month following, "That he desist and cease from further acting, in any place of autho|rity, or judicature, till the articles of impeachment exhibited against him, by the Assembly he tried, or, that satisfaction be made to the board.* 17.2

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    I find nothing on record what these articles, or crimes and misdemeanors particularly were; which, undoubtedly,* 18.1 could not be without real foundation: but, from circumstances, it seems reasonable to apprehend there might have been some animosities and disagreement, or misunderstanding among some of the persons in authority, at this time, by which things might have been aggravated: this appears, in part, from Moore's obstinacy, in re|fusing to appear before the Council, and also from some letters of the Proprietary, in which he seems not to have been well pleased with part of these proceedings against him:* 18.2 For N. Moore, after

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    this, was instituted and continued by the Proprie|tary, in 1686, and 1687,* 18.4 one of his commissi|oners of government, a place of the highest ho|nour and trust, till his death, about two years after this time; in which office there appears no objection from any party against his conduct.

    But the necessity of an able and assiduous hand, to direct and manage the affairs of the infant co|lony, still further appears, about this time, from some of the Proprietor's letters to those in power,

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    respecting some disagreement, or discord, among certain of the magistrates, and persons in autho|rity,* 18.5 abuses in some of the offices, and the preven|tion and suppression of vice and immorality; in which he expresses his concern and displeasure at these things, with a parental affection; giving suitable directions, and earnestly pressing their effectual endeavours to cure such disorders.* 18.6

    * 18.7On the 14th. of September, James Harrison, James Claypoole, and Arthur Cooke were nominated, by the Council, to be Provincial Judges;—but Harrison and Cooke refusing to serve, and Claypoole being prevented by sickness, the Council, in order to answer the expectation of such persons as were concerned in appeals, agreed to receive them, and to sit for the decision of differences, themselves, at the time appointed for the court to sit; which was on the 24th. After this, at their triennial election, according to charter, being, in part, new chosen, they, by fresh commissions, appointed the several officers of government.

    In this year, 1685, the Quakers, in their yearly meeting,* 18.8 at Burlington, in West Jersey, took ad|ditional measures to prevent all persons, in their society, from selling strong liquors to the Indians. About the same time, by particular appointment, they also had a religious meeting with them, as they frequently had before; to inform and instruct them in the principles of Christianity, and the practice of a true christian life.

    The Indians generally heard patiently what was said to them on this subject, and seemed affected with it, for a time; but, for the most part, it ap|peared

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    to make no very durable impression, on their minds, for the proper regulation of their passions and appetites; which, at last, too gene|rally seemed to prevail over convictions of this nature, and their better knowledge.

    Divers preachers of this religious society, from abroad, often had meetings, and serious discourse with them, for this purpose; as well as those who had settled in the country, particularly, Samuel Jennings, Thomas Olive, William Penn and others, from time to time, laboured to inculcate into them a just sense of the benefit of a christian life and conduct.

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    CHAPTER VIII.

    William Penn's employment in Europe, for the pro|motion of religion and virtue.—His expence and endeavours to advance the interest and happiness of the province, and to prevent discord in it.— Extracts from his letters, on these subjects, &c.— More emigrants from Holland and Germany en|crease the settlement of Germantown.—Five com|missioners of state, or of the government of Penn|sylvania, created.—The Proprietor's instructions to them.—His letter to the same, &c.—His bene|ficent employment in England for his suffering friends, the Quakers, &c.—Though he is misre|presented and abused, &c.—He appears to have accompanied the King through some counties in England.—His speech to the King, on delivering the Quakers' address.—The address itself, with the King's answer.—Objections against the Qua|kers' conduct answered.—William Penn continues his endeavours in favour of toleration; but labours under unjust imputations.—William Popple's letter to him, on the subject, with his answer.

    * 18.9IN the year 1686, William Penn published a fur|ther account of the province of Pennsylvania, wrote several pieces,* 18.10 on religious subjects, chiefly in defence of toleration, in religion, (extant in his works) and appears to have been in Germany and Holland, as well as much engaged in various good services, among his friends, the Quakers, and in promoting religion and virtue, in divers parts,

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    personally, in his native country; at the same time continuing his care and endeavours, for the benefit, happiness and prosperity of his province, though absent, by means of written directions and advice, from time to time, for the prevention of disorders, and the redressing of such things as appeared inconsistent with the real interest of the colony.

    But his great expence and generosity,* 18.11 in the original settlement of the province, as well as afterwards, were so very considerable, when com|pared with his private fortune, that, even before this time, he began to feel the effects thereof to such a degree, that in his letters to some of his friends there, he was obliged to complain of the slowness, or deficiency, of returns from the place, where, and concerning which, he had sowed so much, or expended so liberally, as he had done.* 18.12

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    In, or about this year, 1686, arrived in the province, many Friends,* 18.13 or Quakers, and others, from Holland and Germany; who settled among their friends, at German-town, near Philadelphia, and increased that settlement, which was begun in 1683. Some of those, who now came, having suffered considerably by fire, soon after their ar|rival, were assisted by the Friends, in the city and county of Philadelphia.

    The Proprietary found too much inconveniency to arise from his commission of the power of go|vernment to so many persons as the Council con|sisted of, and, as before hinted, not being well pleased with part of their conduct, or manage|ment,* 18.14 declaring, "that the charter was forfeited, if he would take advantage at it;"* 18.15 hence, in the latter part of the year 1686, by a fresh commission, he contracted the number of his representatives, or of the executive part of the government, to five persons only,* 18.16 viz. Thomas Lloyd, Nicholas Moore, James Claypoole, Robert Turner, and John Eckley, constituting and styling them Commissioners of State, or, of the government of Pennsylvania.

    Both the cause of their institution, and the na|ture of their office, in part, appear from the fol|lowing instructions, viz.

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    William Penn, Proprietor and Governor,

    To my trusty and well beloved friends, Thomas Lloyd, Nicholas Moore, James Claypoole, Ro|bert Turner and John Eckley, or any three of them, at Philadelphia:

    TRUSTY and well-beloved,* 19.1 I heartily sa|lute you; lest any should scruple the termination of President Lloyd's commission, with his place in the Provincial Council, and to the end that there may be a more constant residence of the ho|norary and governing part of the government, for the keeping all things in good order I have sent a fresh commission of deputation to you, making any three of you a quorum, to act in the execution of laws, enacting, disannulling, or va|rying of laws, as if I myself were there present, reserving to myself the confirmation of what is done, and my peculiar royalties and advantages.

    First, You are to oblige the Provincial Coun|cil to their charter attendance; or to take such a Council, as you think convenient, to advise and assist you, in the business of the public: for I will no more endure their most slothful and dishono|rable attendance, but dissolve the frame, without any more ado: let them look to it, if further oc|casion be given.

    Secondly, That you keep to the dignity of our station, in Council, and out; but especial|ly, to suffer no disorder in the Council, nor the Council and Assembly, or either of them, to en|trench upon the powers and privileges remaining yet in me.

    Thirdly, That you admit not any parleys, or open conferences, between the Provincial Coun|cil and Assembly; but one, with your approbation, propose and let the other consent or dissent, accor|ding to charter.

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    Fourthly, That you curiously inspect the past proceedings of both,* 19.2 and let me know, in what they have broken the bounds, or obligations of their charter.

    Fifthly, That you, this very next Assem|bly General, declare my abrogation of all that has been done since my absence; and so, of all the laws, but the fundamentals; and that you immediately dismiss the Assembly, and call it again; and pass such of them afresh, with such alterations, as you and they shall see meet; and this, to avoid a greater inconveniency, which I foresee, and formerly communicated to Thomas Lloyd.

    Sixthly, Inspect the qualifications of members in Council and Assembly; and see they be accor|ding to charter; and especially of those, that have the administration of justice; and whatever you do, let the point of the laws be turned against impiety, and your severe brow upon all the trou|blesome and vexatious, more especially, trifling, appeallers.

    You shall shortly have a limitation from the King; though you have power, with the Council and Assembly, to fix the matter and manner of appeals, as much as to do any justice, or prevent any disorder, in the province, at all.

    Seventhly, That till then, I have sent you a proclamation, to that effect, according to the powers of ordinance making, and declared in my letters patent, which you may expose, as you please.

    Eighthly, Be most just, as in the sight of the all-seeing, all-searching God; and before you let your spirits into an affair, retire to him (who is not far away from every one of you; by whom kings reign, and princes decree justice) that he may give you a good understanding, and government of your selves, in the management thereof; which is

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    that which truly crowns public actions, and dig|nifies those, that perform them.* 19.3 You shall hear further from me by C. King; the ship is ready to sail, so shall only admonish you in general, that, next to the preservation of virtue, have a tender regard to peace, and my privileges, in which enact from time to time. Love, forgive, help and serve one another; and let the people learn by your ex|ample, as well as by your power, the happy life of concord: So commending you to God's grace and keeping, I bid you heartily farewell.

    Given at Worminghurst, in old England, the first of the Twelfth-month, 1686.

    * 19.4

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    During most of the time of William Penn's ab|sence from his province, till the reign of King William the Third, though not many public tran|sactions, nor proceedings of much importance and notoriety, appear to have passed in Pennsylvania besides those which respect the labour and advan|tages of an industrious people,* 20.1 in the colonization of the country, and laying a foundation for fu|ture greatness, by facilitating and multiplying the reasonable enjoyments and blessings of life; yet its eminent founder was not the less active and be|neficial to mankind, in another department; and his suffering friends, the Quakers, in Great Britain, experienced the effect of his attendance and soli|citations, at court,* 20.2 in their favour: where his

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    frequent access to the King brought him into suspi|cion of being a disguised Jesuit, and under unjust censures and imputations;* 20.3 as if he had been an adviser, and contributed, to those arbitrary mea|sures, which that impolitic King (James the se|cond) pursued: Whereas his generous plan of liberty, so far as his power extended, and his otherwise well known principles of government, were as contrary to those of the King, as could possibly be, and his religion no less opposite.

    Nevertheless he was not only infamously asper|sed and abused, in print, on these accounts,* 20.4 by divers illiberal and slanderous performances, pub|lished against him, and some of them, even, in his own name, but also censured by some persons of good understanding and character; who, in divers respects were his friends, but not thoroughly knowing him, fell into the like suspicions: An instance of this appears in Dr. Tillotson, after|wards Arch-bishop of Canterbury; but, by means of a friendly epistolary correspondence between them, on the subject, in the year 1686, as appears in William Penn's life prefixed to his printed works, Dr. Tillotson was fully convinced of, and as freely acknowledged, his mistake.

    But he continued still to distinguish himself in the cause of an impartial toleration, in religion,* 20.5 both in writing, and also by assiduous personal solicitations, at court, as a strenuous and un|wearied advocate for that undoubted right of man|kind; of which he, and his Friends, the Quakers, had, through the persecuting and bigoted spirit of those times, been long unjustly deprived. Hence,* 20.6 in the fore part of this year, in consequence of the King's proclamation for a general pardon, "about thirteen hundred of these people, most of whom had

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    been imprisoned divers years,* 20.7 for their religion, were set at liberty:" And in April, the next following year, 1687, came forth the King's declaration for liberty of conscience, suspending the execution of all penal laws, in matters ecclesiastical.

    For this temporary relief from cruel suffering, by the intolerant and unjust laws of those times,* 20.8 they who had endured most oppression and perse|cution, undoubtedly had the greatest reason to be thankful: and whatever were the supposed views of the government thereby, in too much favour|ing a Popish party, yet, for the Quakers to refuse, or reject the restitution of that natural right of mankind, and most undoubted privilege of English people, and all peaceable subjects, merely because it might be made an ill use of by others, and was not done in due form, would certainly have been the highest absurdity: and for those, who had suffered more deeply than all others,* 20.9 not to ac|knowledge and commend the redress of such a crying and intolerable grievance and affliction, as they had endured, in respect to themselves, so long and so laboriously solicited, by them, of the preceding King and Parliaments, in vain, would have shewed the greatest ingratitude and insensibi|lity; more especially, as it was scarcely possible for them to be in a much worse condition, even, under a Popish hierarchy itself, than they had, for many years, endured, both under Cromwell, King Charles the Second, and their Parliaments, to this time, without being able to obtain redress any other way: Wherefore, at their next annual Assembly, held in London in the Third-month, this year, the

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    Quakers drew up an address of thanks to the King, deputing William Penn and others, to present the same; his speech on the presenting it,* 20.10 with the address itself, and the King's answer, were, as follow, viz.

    William Penn's speech to the King, upon his deli|vering the Quakers' address, viz.

    May it please the King,

    IT was the saying of our blessed Lord to the captious Jews, in the case of tribute, render to Caesar the things, that are Caesar's, and to God,* 21.1 the things, that are God's. As this distinction ought to be observed by all men, in the conduct of their lives, so the King has given us an illustrious exam|ple, in his own person, that excites us to it: For while he was a subject, he gave Caesar his tribute, and now he is Caesar, gives God his due, viz. the sovereignty over consciences. It were a great shame, then, for any Englishman (that professes Christianity) not to give God his due. By this grace he has relieved his distressed subjects from their cruel sufferings, and raised to himself a new and lasting empire, by adding their affections to their duty. And we pray God to continue the King in this noble resolution; for he is now upon a principle, that has good nature, Christianity, and the good of civil society on its side, a security to him beyond the little arts of government.

    I would not that any should think, that we come hither with design to fill the Gazette with our thanks; but, as our sufferings would have moved stones to compassion, so we should be harder, if we were not moved to gratitude.

    Now, since the King's mercy and goodness have reached to us throughout the kingdom of Eng|land and principality of Wales, our General Assembly, from all those parts, met at London, about our

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    church affairs, has appointed us to wait upon the King, with our humble thanks, and me to deliver them; which I do, by this address, with all the effec|tion and respect of a dutiful subject.

    The address to King James IId. over England, &c. The humble and grateful acknowledgement of his peaceable subjects, called Quakers, in this kingdom. From their usual Yearly Meeting, in London, the nineteenth day of the Third-month, vulgarly called May, 1687.

    * 22.1WE cannot but bless and praise the name of Almighty God, who hath the hearts of princes in his hand, that he hath inclined the King to hear the cries of his suffering subjects for consci|ence sake; and we rejoice, that, instead of trou|bling him with complaints of our sufferings, he hath given us so eminent an occasion to present him with our thanks: And since it hath pleased the King, out of his great compassion, thus to commiserate our afflicted condition, which hath so particularly appeared, by his gracious proclama|tion and warrants, last year, whereby twelve hun|dred prisoners were released from their severe im|prisonments, and many others, from spoil and ruin, in their estates and properties; and his princely speech in Council, and Christian declaration for liberty of conscience, in which he doth not only express his aversion to all force upon conscience, and grant all his dissenting subjects an ample li|berty to worship God in the way they are per|swaded is most agreeable to his will, but gives them his kingly word, the same shall continue, during his reign; we do (as our friends of this city have already done) render the King our hum|ble, christian and thankful acknowledgments, not only in behalf of our selves, but with respect to our Friends, throughout England and Wales; and

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    pray God, with all our hearts, to bless and pre|serve thee, O King, and those under thee, in so good a work: and as we can assure the King it is well accepted in the several counties, from whence we came, so we hope the good effects thereof, for the peace, trade and prosperity of the kingdom, will produce such a concurrence from the parlia|ment, as may secure it to our posterity, in after|times; and while we live, it shall be our endea|vour (through God's grace) to demean ourselves, as, in conscience to God, and duty to the King, we are obliged, his peaceable, loving and faithful subjects.

    The King's answer.

    "Gentlemen,

    "I thank you heartily for your address:* 23.1 Some of you know (I am sure you do, Mr. Penn) that it was always my principle, that conscience ought not to be forced: and that all men ought to have the liberty of their consciences. And what I have promised, in my declaration, I will continue to perform, so long as I live. And, I hope, before I die, to settle it so, that after ages shall have no reason to alter it."

    "Some (says the writer of William Penn's life) have objected against the Quakers,* 23.2 and other dis|senters, for addressing King James, upon the afore|said declaration of indulgence, as though they had thereby countenanced the King's dispensing with the laws in general; let such observe, their imputation, as to William Penn and his Friends, the Quakers, is sufficiently guarded against, in that part of their address, where they say, we hope the good effects thereof, for the peace, trade and prosperity of the kingdom will produce such a concur|rence from the Parliament, as may secure it to our posterity. 'Tis plain, therefore, they gratefully ac|cepted of the suspension of the penal laws, by the

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    King's prerogative (as who, in their case, would not?) a thing in itself just and reasonable, in their hopes of having the same afterwards confirmed by the legislative authority; there being, at that time, much talk of an approaching Parliament: and that their expectation centered not in the King's dispensing power,* 23.3 is evident, by William Penn's continuing his endeavours to shew the necessity of abolishing the penal laws; for soon after this he wrote a large tract, called, Good advice to the church of England, Roman Catholic, and Protestant Dis|senters; in which he shews the disannulling of those laws to be their general interest; and soon after he published another book, entitled, The great and popular objection against the repeal of the penal laws, briefly stated and considered."

    * 23.4But he still continuing to labour under many jealousies and reflections, as a countenancer of the court proceedings, in general; the following let|ters between him and one of his particular friends, Sir William Popple, then secretary to the plantation office, in 1688,* 23.5 may serve further to elucidate that subject, viz.

    To the Honourable William Penn, Esquire, Pro|prietor and Governor of Pennsylvania.

    Honoured Sir,

    * 24.1THOUGH the friendship, with which you are pleased to honour me, doth afford me suffici|ent opportunities of discoursing with you, upon any subject, yet I chose rather, at this time, to offer unto you, in writing, some reflections, which have occurred to my thoughts, in a matter of no common importance. The importance of it doth primarily and directly respect yourself, and your own private concernments; but it also consequen|tially and effectually regards the King, his govern|ment, and, even, the peace and settlement of this

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    whole nation. I intreat you, therefore,* 24.2 to bear with me, if I endeavour, in this manner, to give somewhat more weight unto my words,* 24.3 than would be in a transient discourse, and leave them with you, as a subject, that requires your retired con|sideration.

    You are not ignorant, that the part you have been supposed to have had, of late years, in pub|lic affairs, though without either the title, or honor, or profit, of any public office, and that especially your avowed endeavours to introduce amongst us a general and inviolable liberty of con|science, in matters of mere religion, have occasi|oned the mistakes of some men, provoked the malice of others, and, in the end, have raised against you a multitude of enemies; who have unworthily defamed you with such imputations, as, I am sure, you abhor. This I know you have been sufficiently informed of, though I doubt you have not made sufficient reflection upon it: The consciousness of your own innocence seems to me to have given you too great a contempt of such unjust and ill-grounded slanders. For however glorious it is, and reasonable, for a truly virtuous mind, whose inward peace is founded upon that rock of innocence, to despise the empty noise of popular reproach, yet, even, that sublimity of spirit may sometimes swell to a reprovable excess. To be steady and immovable, in the prosecution of wise and honest resolutions, by all honest and prudent means, is, indeed, a duty, that admits of no exception: But, nevertheless, it ought not to hinder that, at the same time, there be also due care taken of preserving a fair reputation. "A good name, says the wise man, is better than pre|cious ointment." It is a perfume, that recommends the person, whom it accompanies, that procures him every where an easy acceptance; and that fa|cilitates the success of all his enterprises: And for

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    that reason, though there were no other, I en|treat you, observe, that the care of a man's repu|tation is an essential part of that very same duty,* 24.4 that engages him in the pursuit of any worthy design.

    But I must not entertain you with a declama|tion upon this general theme: my business is to represent to you, more particularly, those very imputations, which are cast upon yourself, toge|ther with some of their evident consequences; that, if possible, I may thereby move you to la|bour after a remedy. The source of all arises from the ordinary access, you have unto the King, the credit you are supposed to have with him, and the deep jealousy, that some people have conceived of his intentions, in reference to religion. Their jealousy is, that his aim has been to settle Popery in this nation, not only in a fair and secure liberty, but, even, in a predominating superiority over all other professions: And from thence the inference follows, that whosoever has any part in the coun|cils of this reign, must needs be popishly affected: But that, to have so great a part in them, as you are said to have had, can happen to none, but an absolute Papist. That is the direct charge; but that is not enough; your part is too considerable for a Papist of an ordinary form; and, therefore, you must be a Jesuit: Nay, to confirm that sug|gestion, it must be accompanied with all the cir|cumstances, that may best give it an air of proba|bility; as, that you have been bred at St. Omer's, in the Jesuit's college; that you have taken orders at Rome, and there obtained a dispensation to mar|ry; and that you have since then frequently offici|ated, as a Priest, in the celebration of the mass, at White-Hall, St. James's, and other places. And this being admitted, nothing can be too black to be cast upon you. Whatsoever is thought amiss, either in church or state, though never so contrary to your advice, is boldly attributed to it; and, if

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    other proofs fail, the Scripture itself must be brought in to confirm, "That whosoever offends, in one point,* 24.5 (in a point especially so essential as that of our too much affected uniformity) is guilty of the breach of all our laws." Thus the charge of Popery draws after it a tail like the et caetera oath, and by endless innuendos prejudicates you, as guilty of whatsoever malice can invent, or folly believe: But that charge, therefore, being re|moved, the inferences, that are drawn from it, will vanish, and your reputation will easily return to its former brightness.

    Now, that I might the more effectually per|swade you to apply some remedy to this disease, I beseech you, Sir, suffer me to lay before you some of its pernicious consequences. It is not a trifling matter, for a person, raised as you are, above the common level, to lie under the prejudice of so general a mistake, in so important a matter. The general, and the long prevalency of any opinion gives it a strength, especially among the vulgar, that is not easily shaken. And, as it happens that you have also enemies of an higher rank, who will be ready to improve such popular mistakes, by all arts of malicious artifices, it must be taken for granted that those errors will be there|by still more confirmed, and the inconveniences, that may arise from thence, no less increased. This, Sir, I assure you, is a melancholy prospect to your friends; for we know you have such enemies. The design of so universal a liberty of conscience, as your principles have led you to pro|mote, has offended many of those, whose interest is to cross it. I need not tell you how many, and how powerful they are; nor can I tell you either how far, or by what ways and means they may endeavour to execute their revenge. But this, however, I must needs tell you, that, in your present circumstances, there is sufficient ground

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    for so much jealousy, at least, as ought to excite you to use the precaution of some public vindica|tion.* 24.6 This the tenderness of friendship prompts your friends to desire of you; and this the just sense of your honor, which true religion does not extinguish, requires you to execute.

    Pardon, I entreat you, Sir, the earnestness of these expressions; nay, suffer me, without of|fence, to expostulate with you yet a little farther. I am fearful lest these personal considerations should not have their due weight with you, and therefore, I cannot omit to reflect also upon some more general consequences of your particular re|proach. I have said it already, that the King, his honour, his government, and, even, the peace and settlement of this whole nation, either are, or have been, concerned in this matter: Your reputation, as you are said to have meddled in public affairs, have been of public concernment. The promoting a general liberty of conscience having been your particular province; the asper|sion of Popery and Jesuitism, that has been cast upon you, has reflected upon his Majesty, for having made use, in that affair, of so disguised a personage as you are supposed to have been. It has weakened the force of all your endeavours, obstructed their effect, and contributed greatly to disappoint this poor nation of that inestimable hap|piness, and secure establishment, which, I am per|swaded, you designed, and which all good and wise men agree, that a just and inviolable liberty of conscience would infallibly produce. I heartily wish this consideration had been sooner laid to heart, and that some demonstrative evidence of your sincerity, in the profession you make, had accompanied all your endeavours for liberty.

    But, what do I say, or what do I wish for? I confess that I am now struck with astonishment at that abundant evidence, which I know you have

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    constantly given, of the opposition of your prin|ciples to those of the Romish church, and at the little regard, there has been had to it.* 24.7 If an open profession of the directest opposition against Popery, that has ever appeared in the world, since Popery was first distinguished from common Christia|nity, would serve the turn, this cannot be denied to all those of that society, with which you are joined in the duties of religious worship. If to have maintained the principles of that society, by frequent and fervent discourses, by many elaborate writings, by suffering ignominy, imprisonment, and other manyfold disadvantages, in defence there|of, can be admitted as any proof of your sincere adherence thereunto; this, it is evident to the world, you have done already: Nay, farther, if to have enquired as far as was possible for you, into the particular stories, that have been framed against you, and to have sought all means of recti|fying the mistakes, upon which they were ground|ed, could, in any measure avail to the settling a true character of you, in men's judgments; this also I know you have done. For I have seen, un|der the hand of a reverend Dean* 24.8 of our English church, a full acknowledgment of satisfaction, re|ceived from you, in a suspicion he had entertained, upon one of those stories, and to which his re|port had procured too great credit. And though I know you are averse to the publishing of his let|ter, without his express leave, and, perhaps, may not now think fit to ask it; yet I am so thoroughly assured of his sincerity and candour, that I cannot doubt, but he has already vindicated you, in that matter, and will, (according to his promise) be still ready to do it, upon all occasions. Nay, I have seen also your justification from another ca|lumny of common fame, about your having kid|napped one, who had been formerly a Monk, out of your American province, to deliver him here into the hands of his enemies; I say I have seen

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    your justification from that story, under that per|son's own hand: and his return to Pennsylvania, where he now resides,* 24.9 may be an irrefragable con|futation of it, to any that will take the pains to enquire thereinto.

    Really, it afflicts me very much, to consider that all this does not suffice. If I had not that particular respect for you, which I sincerely pro|fess, yet I could not but be much affected, that any man, who had deservedly acquired so fair a reputation, as you have formerly had, whose in|tegrity and veracity had always been reputed spotless, and whose charity had been continually exercised in serving others, at the dear expence of his time, his strength and his estate, without any other recompence than what results from the con|sciousness of doing good; I say, I could not but be much affected, to see any such person fall inno|cently and undeservedly under such unjust re|proaches, as you have done. It is an hard case; and I think, no man, that has any bowels of hu|manity, can reflect upon it, without great relent|ings.

    Since, therefore, it is so, and that something remains yet to be done, something more express, and especially more public, than has yet been done, for your vindication, I beg of you, dear Sir, by all the tender efficacy, that friendship, either mine, or that of your friends and relations together can have upon you, by the due regard, which huma|nity, and, even, Christianity, obliges you to have to your reputation; by the duty, you owe unto the King, by your love to the land of your nati|vity; and by the cause of universal religion and eternal truth, let not the scandal of insincerity, that I have hinted at, lie any longer upon you; but let the sense of all these obligations perswade you to gratify your friends and relations, and to serve your King, your country and your religion,

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    by such a public vindication of your honour, as your own prudence, upon these suggestions, will now shew you to be most necessary,* 24.10 and most ex|pedient. I am, with unfeigned, and most respect|ful affection,

    Honoured Sir,

    Your most humble, and most obedient servant.

    London, October the 20th. 1688.

    The following is William Penn's answer to the pre|ceding letter, viz.

    Worthy Friend,

    IT is now above twenty years, I thank God,* 25.1 that I have not been very solicitous what the world thought of me. For since I have had the know|ledge of religion, from a principle in myself, the first and main point with me has been, to approve myself in the sight of God, through patience and well-doing: So that the world has not had weight enough with me, to suffer its good opinion to raise me, or its ill opinion to deject me. And, if that had been the only motive, or consideration, and not the desire of a good friend, in the name of many others, I had been as silent to thy letter, as I use to be to the idle and malicious shams of the times: But, as the laws of friendship are sacred, with those that value that relation, so I confess this to be a principal one with me, not to deny a friend the satisfaction he desires, when it may be done without offence to a good conscience.

    The business chiefly insisted upon is my Popery, and endeavours to promote it. I do say, then, and that with all sincerity, that I am not only no Jesuit, but no Papist. And, which is more, I never had any temptation upon me to be it, either from doubts, in my own mind, about the way I

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    profess, or from the discourses, or writings of any of that religion. And, in the presence of Al|mighty God,* 25.2 I do declare, that the King did never once, directly or indirectly attack me, or tempt me, upon that subject, the many years, that I have had the advantage of a free access to him; so unjust, as well as sordidly false, are all those stories of the town.

    The only reason, that I can apprehend, they have to repute me a Roman Catholic, is my frequent going to White-Hall, a place no more forbid to me, than to the rest of the world, who yet, it seems, find much fairer quarter. I have almost continually had one business or other there for our Friends, whom I ever served with a steady solicitation, through all times, since I was of their communion. I had also a great many per|sonal good offices to do, upon a principle of cha|rity, for people of all perswasions; thinking it a duty to improve the little interest I had, for the good of those, that needed it, especially the poor. I might add something of my own affairs too; though I must own (if I may without vanity) that they have ever had the least share of my thoughts, or pains, or else they would not have still depended as they yet do.

    But because some people are so unjust, as to render instances for my Popery (or, rather hypo|crisy, for so it would be in me) it is fit I contradict them as particularly as they accuse me. I say, then, solemnly, that I am so far from having been bred at St. Omer's, and having received orders at Rome, that I never was at either place, nor do I know any body there; nor had I ever a correspon|dency with any body, in those places; which is another story invented against me. And, as for my officiating in the King's chapel, or any other, it is so ridiculous, as well as untrue, that besides that no body can do it, but a Priest, and that I

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    have been married to a woman of some condition, above sixteen years, which no Priest can be,* 25.3 by any dispensation whatever; I have not so much as looked into any chapel of the Roman religion, and consequently not the King's, though common cu|riosity warrants it daily to people of all perswa|sions.

    And, once for all, I do say, that I am a Pro|testant dissenter, and to that degree such, that I challenge the most celebrated Protestant of the English church, or any other, on that head, be he Layman, or Clergyman, in public, or in private. For I would have such people know, it is not im|possible for a true Protestant dissenter to be dutiful, thankful and serviceable to the King, though he be of the Roman catholic communion. We hold not our property, or protection, from him, by our perswasion; and, therefore, his perswasion should not be the measure of our allegiance. I am sorry to see so many, that seem fond of the reformed religion, by their disaffection to him, recommend it so ill. Whatever practices of Roman catholics we might reasonably object against (and no doubt but such there are) yet he has disclaimed and repre|hended those ill things, by his declared opinion against persecution, by the ease, in which he actu|ally indulges all dissenters; and by the confirmation, he offers in Parliament, for the security of the Protestant religion, and liberty of conscience. And, in his honour, as well as in my own defence, I am obliged, in conscience, to say, that he has ever declared to me, it was his opinion; and on all oc|casions, when Duke, he never refused me the repeated proofs of it, as often as I had any poor sufferers for conscience sake to solicit his help for.

    But some may be apt to say, "Why not any body else as well as I? Why must I have the pre|ferable access to other dissenters, if not a Papist?" I answer, I know not that it is so. But this I know,

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    that I have made it my province and business; I have followed and pressed it; I took it for my cal|ling and station,* 25.4 and have kept it above these six|teen years; and, which is more (if I may say it without vanity or reproach) wholly at my own charges too. To this let me add the relation, that my father had to this King's service; his particular favour, in getting me released out of the Tower of London, in 1669; my father's humble request to him, upon his death bed, to protect me from the inconveniencies and troubles, my perswasion might expose me to, and his friendly promise to do it, and exact performance of it, from the moment, I addressed myself to him:—I say, when all this is considered, any body, that has the least preene to good nature, gratitude, or generosity, must needs know how to interpret my access to the King.

    Perhaps, some will be ready to say, "This is not all, nor is this yet a fault, but, that I have been an adviser in other matters, disgustful to the kingdom, and which tend to the overthrow of the Protestant religion, and the liberties of the peo|ple."—A likely thing, indeed, that a Protestant dissenter, who, from fifteen years old, has been, at times, a sufferer, in his father's family, in the university, and by the government, for being so, should design the destruction of the Protestant re|ligion! This is just as probable, as it is true, that I died a Jesuit six years ago, in America.* 25.5 Will men still suffer such stuff to pass upon them? Is any thing more foolish, as well as false, than that, because I am often at White-Hall, therefore I must be the author of all, that is done there, which does not please abroad? But, supposing some such things to have been done, pray tell me, if I am bound to oppose any thing, that I am not called to do? I never was a member of council, cabinet, or committee, where the affairs of the kingdom

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    are transacted. I have had no office, or trust, and consequently nothing can be said to be done by me; nor, for that reason,* 25.6 could I lie under any test, or obligation to discover my opinion of public acts of state; and therefore neither can any such acts, nor my silence about them, in justice, be made my crime. Volunteers are blanks and cyphers, in all governments. And unless calling at White-Hall once a day, upon many occasions, or my not being turned out of nothing (for that no office is) be the evidence of my compliance in disagreeable things, I know not what else can, with any truth, be alledged against me. However, one thing I know, that I have every where most egiousy observed, and endeavoured, in con|versation, with persons of all ranks and opinions, to allay heats, and moderate extremes, even, in the politics. It is below me to be more particular; but, I am sure, it has been my endeavour, that, if we could not all meet upon a religious bottom, at least, we might upon a civil one, the good of England; which is the common interest of King and people: That he might be great by justice, and we free by obedience, distinguishing rightly, on the one hand, between duty and slavery; and on the other, between liberty and licentiousness.

    But, alas, I am not without my apprehen|sions of the cause of this behaviour towards me, and in this, I perceive, we agree; I mean my constant zeal for an impartial liberty of conscience. But, if that be it, the cause is too good to be in pain about. I ever understood that to be the na|tural right of all men; and that he that had a re|ligion without it, his religion was none of his own. For what is not the religion of a man's choice, is the religion of him that imposes it: So that liberty of conscience is the first step to have a religion. This is no new opinion with me. I have writ many apologies, within the last twenty years, to

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    defend it, and that impartially. Yet I have as constantly declared, that bounds ought to be set to this freedom,* 25.7 and that morality was the best; and that as often as that was violated, under a pre|sence of conscience, it was fit the civil power should take place. Nor did I ever once think of promoting any sort of liberty of conscience, for any body which did not preserve the common pro|testancy of the kingdom, and the ancient rights of the government. For, to say truth, the one cannot be maintained without the other.

    Upon the whole matter, I must say, I love England; I ever did so; and that I am not in her debt▪ I never valued time, money, or kindred, to serve her and do her good. No party could ever biass me to her prejudice, nor any personal interest oblige me in her wrong. For I always abhorred discounting private favours at the public cost.

    Would I have made my market of the fears and jealousies of the people, when this King came to the crown, I had put twenty thousand pounds into my pocket, and an hundred thousand into my province; for mighty numbers of people were then upon the wing: But I waved it all; hoped for better times; expected the effects of the King's word, for liberty of conscience, and happiness by it: And till I saw my friends, with the kingdom, delivered from the legal bondage, which penal laws, for religion, had subjected them to, I could, with no satisfaction, think of leaving England; though much to my prejudice beyond sea; and at my great expence here; having, in all this time never had either office or pension, and always re|fusing the rewards, or gratuities, of those, I have been able to oblige.

    If, therefore, an universal charity, if the as|serting an impartial liberty of conscience, if doing to others as one would be done by, and an open avowing,

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    and steady practising of these things, in all times, to all parties, will justly lay a man under the re|flection of being a Jesuit, or a Papist,* 25.8 of any rank, I must not only submit to the character, but embrace it too; and I care not who knows that I can wear it with more pleasure, than it is possible for them, with any justice, to give it me. For these are corner-stones and principles with me; and I am scandalized at all buildings, that have them not for their foundations. For religion itself is an empty name without them, a whited wall, a painted sepulchre, no life or virtue to the soul; no good, or example, to one's neighbour. Let us not flatter ourselves, "We can never be the better for our religion, if our neighbour be the worse for it." Our fault is, we are apt to be mighty hot upon speculative errors, and break all bounds, in our resentments; but we let practical ones pass without remark, if not without repen|tance: As if a mistake about an obscure proposition of faith, were a greater evil, than the breach of an undoubted precept. Such a religion the devils themselves are not without; for they have both faith and knowledge; but their faith doth not work by love, nor their knowledge by obedience. And, if this be their judgment, can it be our blessing? Let us not think religion a litigious thing; nor that Christ came only to make us good dispu|tants; but, that he came also to make us good livers. Sincerity goes farther than capacity. It is charity, that deservedly excels, in the Christian religion; and happy would it be, if, where unity ends, charity did begin, instead of envy and rail|ing, that almost ever follow. It appears to me to be the way, that God has found out and appoin|ted, to moderate our differences, and make them, at least, harmless to society; and, therefore, I confess, I dare not aggravate them to wrath and blood. Our disagreement lies in our apprehension,

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    or belief of things; and if the common enemy of mankind had not the governing of our affections and passions,* 25.9 that disagreement would not prove such a canker, as it is, to love and peace, in civil societies.

    He that suffers his difference with his neigh|bour, about the other world, to carry him beyond the line of moderation, in this, is the worse for his opinion, even, though it be true. It is too little considered by Christians, that men may hold the truth in unrighteousness; that they may be ortho|dox, and not know what spirit they are of: So were the Apostles of our Lord; they believed in him, yet let a false zeal do violence to their judg|ment, and their unwarrantable heat contradict the great end of their Saviour's coming, love.

    Men may be angry for God's sake, and kill people too. Christ said it, and too many have practised it. But what sort of Christians must they be, I pray, that can hate in his name, who bids us love; and kill for his sake, that forbids killing, and commands love, even, to enemies.

    Let not men, or parties, think to shift it off from themselves. It is not this principle, or that form, to which so great a defection is owing, but a degeneracy of mind from God. Christianity is not at heart. No fear of God in the inward parts: No awe of his divine omnipresence. Self prevails, and breaks out, more or less, through all forms, but too plainly; (pride, wrath, lust, avarice) so that though people say to God, Thy will be done; which shews them to be true heathens, under a mask of Christianity, that believe without works, and repent without forsaking; busy for forms, and the temporal benefits of them, while true religion, which is, To visit the fatherless and the widow, and to keep ourselves unspotted from the world, goes bare|foot, and, like Lazarus, is despised. Yet this was the definition the Holy Ghost gave of religion,

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    before Synods and Councils had the meddling with it, and modelling of it. In those days,* 25.10 bowels were a good part of religion, and that to the fa|therless and widow, at large. We can hardly now extend them to those of our own way. It was said by him, that could not say amiss, Because iniquity abounds, the love of many waxeth cold. Whatsoever divides man's heart from God, sepa|rates it from his neighbour; and he, that loves self more than God, can never love his neighbour as himself. For, as the Apostle said, "If we do not love him, whom we have seen, how can we love God, whom we have not seen?"

    O, that we could see some men as eager to turn people to God, as they are to blow them up, and set them one against another. But, indeed, those only can have that pure and pious zeal, who are themselves turned to God, and have tasted the sweetness of that conversion, which is to power, not form; to godliness, not gain. Such as those do bend their thoughts and pains to appease, not increase, heats and animosities; to exhort people to look at home, sweep their own houses, and weed their own gardens. And, in no age, or time, was there more need to set men at work, in their own hearts, than this we live in, when so busy, wandering, licentious a spirit prevails. For what|ever some men may think, "The disease of this kingdom is sin; impiety against God, and want of charity to men." And while this guilt is at our door, judgment cannot be far off.

    Now, this being the disease, I will briefly offer two things, for the cure of it.

    The first is David's clean heart, and right spirit, which he asked and had of God: without this we must be a chaos still. For the distemper is within; and our Lord said, All evil comes from thence. Set the inward man right, and the out|ward

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    man cannot be wrong: That is the helm, that governs the human vessel: And this nothing can do,* 25.11 but an inward principle, the light and grace, that came by Christ; which the scripture tells us, enlightens every one, and hath appeared to all men." It is preposterous to think, that He, who made the world, should shew least care of the best part of it, our souls. No, he, that gave us an outward luminary, for our bodies, hath given us an in|ward one, for our minds, to act by. We have it; and it is our condemnation, that we do not love it, and bring our deeds to it. It is by this we see our sins, are made sensible of them, sorry for them, and finally forsake them. And he, that thinks to go to Heaven a nearer way, will, I fear, belate his soul, and be irreparably mistaken. There are but goats and sheep, at last, whatever shapes we wear here. Let us not, therefore, dear friend, deceive ourselves. Our souls are at stake: "God will not be mocked; what we sow we must expect to reap. There is no repentance in the grave;" which shews, that, if none there, then no where else. To sum up this divinity of mine; it is the light of Jesus, in our souls, that gives us a true sight of ourselves, and that sight that leads us to repentance; which repentance begets humi|lity, and humility, that true charity, that covers a multitude of faults; which I call God's expedi|ent against man's infirmity.

    The second remedy to our present distemper, is this; since all, of all parties, profess to believe in God, Christ, the Spirit, and Scripture; that the soul is immortal, that there are eternal rewards and pu|nishments; and that the virtuous shall receive the one, and the wicked suffer the other; I say, since this is the common faith of Christendom, let us all resolve, in the strength of God, to live up to what we agree in, before we fall out so miserably, about the rest, in which we differ. I am perswa|ded

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    the change and comfort, which that pious course would bring us to,* 25.12 would go very far to dispose our natures to compound easily for all the rest; and we might hope yet to see happy days, in poor England; for there I would have so good a work begun. And how it is possible for the eminent men of every religious perswasion (espe|cially the present ministers of the parishes of En|gland) to think of giving an account to God, at the last day, without using the utmost of their en|deavours to moderate the members of their respec|tive communions towards those, that differ from them, is a mystery to me! But this I know, and must lay it at their doors, I charge also my own soul with it, "God requires moderation and humi|lity from us;" for he is at hand, who will not spare to judge our impatience, if we have no pati|ence for one another. The eternal God rebuke, I beseech him, the wrath of man, and humble all under the sense of the evil of this day; and yet, unworthy as we are, give us peace, for his holy Name's sake!

    It is now time to end this letter; and I will do it without saying any more than this: Thou seest my defence against popular calumny; thou seest what my thoughts are, of our condition, and the way to better it; and thou seest my hearty and humble prayer to Almighty God, to incline us to be wise, if it were but for our own sakes. I shall only add, that I am extremely sensible of the kindness and justice, intended me by my friends, on this occasion, and that I am, for that, and ma|ny more reasons,

    Thy obliged and affectionate Friend, WILLIAM PENN.

    Teddington, October the 24th. 1688.

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    CHAPTER IX.

    The Proprietary's presence much needed in the pro|vince.—His letter to the Commissioners.—Thomas Lloyd.—False alarm of an Indian insurrection.— Names of the Members of Assembly, in 1687.— Caleb Pusey.—Captain John Blackwell appointed Deputy Governor.—The Proprietary's instructions to him.—He meets the Assembly, disagrees with the Council, and returns to England.—Names of some Members of Council, on whom the administration devolved;—with the cause and design of Black|well's appointment.—Why William Penn may justly be called the Father of his country.—Two of his epistles to his Friends, the settlers there; with one to the Council.—Institution of the first public Grammar-school in Pennsylvania, with its design, &c.—George Keith, &c.

    * 25.13WHILE William Penn was thus variously and importantly employed in England, his province, as before observed,* 25.14 needed his presence; and Thomas Lloyd, who ever since the Proprietary's departure, had chiefly presided in the public affairs, and sus|tained the weight and care of them, under the dif|ferent appointments, excepting two short intermis|sions, wherein Thomas Holme and William Clark supplied his absence,* 25.15 wanted to be discharged from the burden; and, before this time had solicited to be released, by the appointment of another per|son in his room: But a suitable person for such an appointment was not easy to be found; and the Proprietary appears to have been sensible of it, by his manner of writing, at different times, to his

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    friends in the province,* 25.16 expressing his ardent de|sire for its prosperity, and to reside in it himself;

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    in one of which to Thomas Lloyd, about this time, are the following expressions, viz.—"No honour, interest,* 26.1 or pleasure, in this part of the world, shall be able to check my desires to live and die among you; and, though to my grief, my stay is yet prolonged, on private and public accounts, yet, depend upon it, Pennsylvania is my worldly delight, and end of all places on the earth.

    "Now, though I have, to please thee, given thee a quietus from all public business, my inten|tion is to constitute thee Deputy Governour, and two, in the character of assistants; either of whom and thyself, to be able to do all as fully as I my self can do; only I wait thy consent to the em|ployment;

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    of which advise me," &c.—"by all that is reverent, tender and friendly,* 26.2 I beseech thy care, condescension and help, for that poor pro|vince. I am here serving God and friends, and the nation; which I hope God will reward to mine and you," &c.

    Notwithstanding the strict friendship, and good disposition, which, from the beginning, had been wisely cultivated and established by the Proprietary and inhabitants, or first settlers, of the province, with the Indians, and, afterwards pursued in such manner, as to leave no reasonable cause for fears and suspicions between them; yet, as in all coun|tries wickedly disposed persons are found, whose delight is, if possible, to disturb the public tran|quillity; so we find, in the infancy of this colony, when justice, peace and harmony so universally predominated, it was possible, nevertheless, for idle reports, and vain rumours to take place, and gain so far on unguarded minds, as to create very alarming apprehensions, respecting the Indians;* 26.3— the consideration of their large numbers, at that time, in proportion to the fewness of the European settlers, rather favouring such apprehensions; of which we have the following instance.

    In, or about, the year 1688, the inhabitants of Philadelphia, and places adjacent, were alarmed

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    with the report of an intended insurrection of the Indians,* 26.4 to cut off all the English, on a certain appointed day. This was communicated by two Indian women of West-Jersey, to an old Dutch in|habitant, near Chester, to be on the next fourth day of the week. Several Friends or Quakers, upon hearing this report, being conscious of their just conduct towards the Indians, and sensible of nothing that could reasonably disgust them, endea|voured to appease the people's fears. The said fourth day being come, about ten o'clock, in the night, a messenger arrived at Chester, out of the woods, and told the people, that three families, about nine miles distant, which he named, were all cut off by the Indians.—This report coming to a Friend, then at Chester, about midnight he took with him two young men, on horseback, to the place, in order to examine into the truth of the affair.—They found the three houses, but no body in them, and yet no signs of murder;—their inha|bitants, alarmed in a similar manner, had fled to the houses of their parents, at Ridley creek, about a mile from thence. The master of one of these families, being from home, had been informed five hundred Indians were actually collected at Naaman's creek, in pursuit of their design, to kill the English; and as he was hastening to his house, he thought he heard his boy crying out, and saying, "What shall I do, my Dame is killed! Upon which, instead of going home, to know the certainty of the affair, he ran off, to acquaint the government, at Philadelphia; but being met by a person of more prudence than himself, before he got to the city, he was perswaded by him to return.—

    The report notwithstanding soon arrived at the city; and was told with such alarming circum|stances, that a messenger was immediately dis|patched to Marcus Hook, near the said Naaman's creek to enquire the truth of it. He quickly re|turned

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    and confirmed the report, but with this variation; that it was at Brandywine creek,* 26.5 at an Indian town, where the five hundred Indians were assembled; and, that they, having a lame king, had carried him away, with all their women and children. These circumstances rendered the affair still more alarming, and, with many, amounted to a certainty.

    The Council were, at that time, sitting at Phi|ladelphia on other affairs, when one of them, a Friend, supposed to be Caleb Pusey,* 26.6 who lived in Chester county, voluntarily offered himself to go to the place, provided they would name five others to accompany him, without weapons; which being soon agreed on, they rode to the place; but, in|stead of meeting with five hundred warriors, they found the old king quietly lying, with his lame foot along on the ground, and his head, at ease, on a kind of pillow, the women at work, in the field, and the children playing together.—

    When they had entered the wigwam, the king presently asked them very mildly, "What they all came for?" They told him the report, which the Indian women had raised; and asked him, whether the Indians had any thing against the English? He appeared much displeased at the report and said, "The women ought to be burnt to death; and that they had nothing against the English;"—ad|ding, "'Tis true there are about fifteen pounds yet

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    behind of our pay for the land, which William Penn bought, but as you are still on it, and im|proving it,* 26.7 to your own use, we are not in haste for our pay; but when the English come to settle it, we expect to be paid."—This, the messengers, thinking very reasonable, told him, they would undoubtedly be paid for their land.—

    One of the company further expressed himself to the Indian king, in the following manner; "That the great God, who made the world, and all things therein, consequently made all mankind, both Indians and English; and as he made all, so his love was extended to all; which, was plainly shewn, by his causing the rain and dews to fall on the ground of both Indians and English alike; that it might equally produce what the Indians, as well as what the English sowed or planted in it, for the sustenance of life; and also by his making the sun to shine equally on all, both Indians and English, to nourish them; and that seeing the great Being, which made them all, extended his love thus to all, so they were mutually bound to love one another."—

    The king answered, "What they had said was true; and as God has given you corn, I would ad|vise you to get it in; (it being then harvest time) for we intend you no harm."—They parted ami|cably; and the messengers, returning, put an end to the people's fears.

    * 26.8In consequence of Thomas Lloyd's request, to be released from the public affairs of the government, in the latter part of the year 1688, he was accor|dingly succeeded by Captain John Blackwell;* 26.9 who

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    arrived in the Tenth-month this year; whom the Proprietary had commissioned to be his Lieutenant Governor. He was a person, whom William Penn seems to have highly esteemed; and, at the time of his appointment, was in New England.

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    * 27.1Blackwell met the Assembly in the Third-month 1689; but, by reason of some misunderstanding, or dissension,* 27.2 between him and some of the Coun|cil, the public affairs were not managed with the desired harmony and satisfaction; and but little done during his administration, which continued only till the Twelfth-month this year, when he returned to England;* 27.3 and the government of the province,* 27.4 according to charter, devolved again on the Council, Thomas Lloyd, President.

    * 27.5The appointment of Blackwell, who was no Quaker, to be Deputy Governor, appears, by the Proprietary's letters to his friends, in the province, to have been, because no suitable person, who was of that society, would undertake the office; that his views thereby were more for the public good, than his own private interest; which, he declares, he was sorry were not answered according to his expectation; and that notwithstanding he was ap|prehensive occasion had been given by some par|ticulars, in the province, for this misunderstanding, yet, that he had duly regarded their complaints, and afforded them suitable relief.

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    Cicero was justly called the father of his country, for preserving it from the designs of a most de|testable rebellion, but William Penn,* 27.6 with still greater propriety, may be styled the parent of his: In that he not only planted it with industry and virtue, and endowed it with a generous and ex|cellent constitution, but with unremitted care and assiduity, he also cherished it with the best and most affectionate advice and instruction;* 27.7 tending

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    more effectually to fix and confirm that bond of love and affection, between him and his people,

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    upon the most certain and lasting foundation; which is the best preservative against all disor|ders:—He treated them as beloved children;* 30.1 while they regarded him as a tender father: This, in part, appears, by his various epistles of this na+ture, besides those respecting the more temporal concerns of the province; which, from time to time, he writ to them, during his life; and in a language more pathetic and endearing, it is im|possible for the most affectionate parent to address his beloved offspring; of these that are yet extant, I find several this year; a specimen of which ap|pears below, in the notes.

    The year 1689 gave rise to the Friends' public school, in Philadelphia; which afterwards,* 30.2 in the year 1697, upon the petition of Samuel Carpenter, Edward Shippen, Anthony Morris, James Fox, Da|vid Lloyd, William Southby and John Jones, in be|half of themselves and others, to Deputy Mark|ham, was first incorporated by charter; and, after that, confirmed by a fresh patent from William Penn, dated the 25th. of October 1701; and also by another, dated the 22d. of the Fifth-month 1708; whereby the corporation was, "For ever thereafter to consist of fifteen discreet and religious

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    persons, of the people called Quakers, by the name of, The Overseers of the public school, found in Philadel|phia,* 30.3 at the request, cost and charges of the people called Quakers;" but its last and present charter, fom William Penn confirming all the preceding charters, and further extending the corporation, with larger powers and privileges, &c. is dated the 29th. of November, 1711; wherein the Over|seers, nominated and appointed, were Samuel Car|penter, the elder, Edward Shippen, Griffith Owen, Thomas Story, Anthony Morris, Richard Hill, Isaac Norris, Samuel Preston, Jonathan Dickinson, Na|than Stanbury, Thomas Masters, Nicholas Waln, Caleb Pusey, Rowland Ellis and James Logan; by which charter the Overseers were afterwards to be chosen by the corporation.

    * 30.4This was the first institution of the kind, in Pennsylvania, intended not only to facilitate the acquisition of the more generally used parts of learning, among all ranks, or degrees, of the people, (the poorer sort being taught gratis, and the rich, or more wealthy, still paying a proportion for their children's instruction) but also the better, and more extensively to promote a virtuous and learned education, than could be affected by any other manner, was the end of the design: Which, in the preamble to the said present charter, is thus expressed, viz.

    "Whereas, the prosperity and welfare of any people depend, in great measure, upon the good education of youth, and their early introduction in the principles of true religion and virtue, and qualifying them to serve their country and them|selves, by breeding them in reading, writing, and learning of languages, and useful arts and sciences, suitable to their sex, age and degree; which can|not be affected, in any manner, so well as by erect|ing public schools, for the purposes aforesaid." &c.

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    For these laudable purposes, therefore, a num|ber of the principal inhabitants of Philadelphia, being Quakers, in the Fifth-month this year, agreed with George Keith, who then resided at Freehold (now called Monmouth) in New Jersey, to under|take the charge He accordingly removed to Phi|ladelphia, and was the first master of that school; but continued only about one year.* 30.5

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    CHAPTER X.

    William Penn's troubles and difficulties after the re|volution in England.—He is prevented by his ene|mies from visiting and assisting the province in a time of its greatest need.—Extract from his letter to Thomas Lloyd.—His epistle to his friends in Lon|don.—Disagreement between the province and ter|ritories.—Declaration of the Council, and other proceedings relating to the difference.—Names of the members of Assembly, in 1690.—Two Deputy Governors.—The Proprietor's concern at this diffe|rence.—Extract from one of his letters, respecting it.—Further proceedings of the province.—A pro|mulgated bill.—Names of some members of Coun|cil.—A letter of the two Deputies and their Coun|cils to the Proprietary, &c.

    * 30.6IT has already been observed, that, during most of the time since the Proprietary's return to En|gland, in 1684, much of his public action and service were in that nation; and that his intimacy at court, and friendship with King James the Se|cond, which his great obligation to that royal fa|mily, and the situation of his own affairs may, both from gratitude and interest, easily account for, exposed him to many unjust censures; but in the year 1688, upon the change of government, the state of his affairs there began to have a very different, and more unfavourable aspect:—For the attempts which had been made by the King, in favour of popery and arbitrary power, had occa|sioned the measures of the revolution, which now began to take place in the government there, by

    Page 347

    means of the Prince of Orange, "who landed at Torbay, in Devonshire, on the fifth of November,* 30.7 1688, to the great joy of the English nation. Many of King James's officers and army soon joined the Prince; and the King, perceiving the hearts of the people alienated from him, withdrew himself, and went over to France. Hence by a Convention, called shortly after, the said Prince of Orange, and the Princess Mary, his consort, King James's daugh|ter, were declared King and Queen of England, &c. and were proclaimed on the thirteenth of February, 1688-9.

    "Upon this turn of the times, William Penn's late friendship at court having rendered him sus|pected of disaffection to the present government, on the tenth of December, 1688, when he was walking in White-Hall, he was sent for by the Lords of the Council, then sitting; and though nothing appeared against him, and himself assured them,— "That he had done nothing, but what he could answer before God, and all the princes in the world; that he loved his country, and the Pro|testant religion above his life, and never acted against either; that all he ever aimed at, in his public endeavours, was no other than what the Prince himself had declared for; that King James was always his friend, and in gratitude, he was the King's, and did ever, as much as in him lay, influence him to his true interest."—Notwithstand|ing they obliged him to give securities for his ap|pearance the first day of the next term, which he did; and then he was continued, on the same se|curity, to Easter-term following; on the last day of which, nothing having been laid to his charge, he was cleared in open court.

    "In the year 1690, he was again brought be|fore the Lords of the Council, upon an accusation of holding a correspondence with the late King James; and they requiring sureties for his appear|ance,

    Page 348

    he appealed to King William himself;* 30.8 who, after a conference of near two hours, inclined to acquit him, but, to please some of the Council, he was held upon bail, for a while; and, in Tri|nity-term, the same year, was again discharged.

    "He was attacked a third time, and his name inserted in a proclamation, dated July the 18th. 1690; wherein he, with divers others, to the num|ber of eighteen, were charged with adhering to the kingdom's enemies; but proof failing, re|specting him, he was again cleared by order of the King's-bench Court, at Westminster, in the last day of Michaelmas-term, 1690.

    "Being now again at liberty, he proposed to go a second time to Pennsylvania, and published proposals in print, for another settlement there. He had so far prepared for this transportation that an order for a convoy was granted him by the Secretary of State, when his voyage was preven|ted by a fresh accusation against him, backed with the oath of one William Fuller, a wretch, after|wards by Parliament declared a cheat and impostor; and a warrant was thereupon granted, for his ap|prehension; which he narrowly escaped, at his return from the funeral of George Fox, the first preacher among the Quakers, on the 16th. of January, 1690-1."* 30.9

    Page 349

    Though William Penn had hitherto defended himself before the King and Council,* 31.1 yet he now thought it more prudent to retire,* 31.2 than to hazard the sacrificing of his innocence to the oaths of a profligate villain; accordingly after an expensive preparation for a large embarkation of fresh colo|nists for America,* 31.3 he was not only obliged to desist therefrom, and, at a most critical and necessitous time, in the affairs of his young country to decline furnishing a large increase to its inhabitants, and those means, for its further regulation, establish|ment

    Page 350

    and happiness, which, it was most probable such an addition, with his presence, would have administered, but he also appeared very little in public, for two or three years afterwards; and the great disadvantage and embarrassment, which this disappointment occasioned, both in his private affairs, and those of his colony, at this time, ap|pear, in its effects, the more considerable, on ac|count of the disorder, or dissension, between the province and territories; and also the religious disturbance, in the affair of George Keith; both which began about this time; which, it is most probable, his long wanted presence and abilities there would have prevented, or, at least, some of the consequences of them.

    * 31.4Yet the product of this retirement was several valuable treatises, on divers subject, which, both for his own amusement, and the common good of the present and future times, he writ, during this restraint upon his liberty, till the latter end of the year, 1693; which, as they are extant in his printed works, the world would otherwise, pro|bably, never have seen, nor had the advantage of them. But, first, respecting his retirement, lest his Friends, the Quakers, should entertain any sinister thoughts of him, he sent the following epistle to their Yearly-meetings, in London, viz.

    The 30th. of the Third-month, 1691.

    My beloved, dear and honoured brethren,

    * 32.1MY unchangeable love salutes you; and though I am absent from you, yet I feel the sweet and lowly life of your heavenly fellowship, by which I am with you, and a partaker amongst you, whom I have loved above my chiefest joy: Receive no evil surmisings, neither suffer hard thoughts, through the insinuations of any, to enter your minds against me, your afflicted, but not forsaken friend and brother. My enemies are yours, and,

    Page 351

    in the ground, mine for your sakes;* 32.2 and that God seeth in secret, and will one day reward openly. My privacy is not, because men have sworn truly, but falsely, against me; "For wicked men have laid in wait for me, and false witnesses have laid to my charge things that I knew not;" who have never sought myself, but the good of all, through great exercises; and have done some good, and would have done more, and hurt no man; but always desired that truth and righteousness, mercy and peace might take place amongst us. Feel me near you, my dear and beloved brethren, and leave me not, neither forsake, but wrestle with him, that is able to prevail against the cruel desires of some, but we may yet meet in the congregations of his people, as in days past, to our mutual comfort: The everlasting God of his chosen, in all generations, be in the midst of you, and crown your most solemn assemblies with his blessed presence! that his tender, meek, lowly and hea|venly love and life, may flow among you, and that he would please to make it a seasoning and fruitful opportunity to you, desiring to be remem|bered of you before him, in the nearest and freshest accesses, who cannot forget you, in the nearest relation,

    Your faithful friend and brother, WILLIAM PENN.

    Though the Proprietary had, both by charter and otherwise, endeavoured to connect the pro|vince and territories of Pennsylvania, in legislation and government, so as to form one General Assem|bly, yet the jealousies, and difference of sentiment, in some cases, which afterwards arose between the Representatives of each part, in their legislative capacity, tending to create separate interests, and a rupture between them, were frequently the oc|casion of great uneasiness to him; whose view was always to keep them united, judging it most for the interest of them both, as well as his own.

    Page 352

    Hence, after Blackwell's departure for England, in the year 1690, the irregularities, which ensued, or were attempted, in consequence of this diffe|rence, appear, by the following declaration of the Council, and other public proceedings, viz.

    (L. S.) By the President and Council of Pennsyl|vania and counties annexed. Present,

    • Thomas Lloyd, President.
    • John Simcock,
    • William Clark,
    • Arthur Cook,
    • William Stockdale,
    • William Yardly,
    • Samuel Richardson,
    • Griffith Jones,
    • Thomas Duckett,
    • Griffith Owen.

    * 33.1WHEREAS, the Provincial Council, accord|ing to the powers of the present commission of government, have, at their first sitting, chosen a President,* 33.2 and have since, in a legislative coun|cil, continued him, till they should see cause to alter their choice; and having likewise ordered the succeeding councils to be called by him, or, in his absence, by notice sent by six members from this place; yet, notwithstanding, these members, William Clark, Luke Watson, Griffith Jones, John Brinkloe, John Cann, Johannes D'Haes, did pri|vily meet together, in the council-room, upon the twenty-first instant, without signifying the least syllable of their intentions, of having a council, either to Thomas Lloyd, the elected and continued President, or to any member of the province; and there, in an irregular and undue manner, have presumed to act, as a council, and have issu|ed forth pretended commissions, for constituting Provincial Judges, contrary to the express letter of the laws, and have nominated some therein, who, under their present circumstances, are un|qualified for that station; as, upon occasion, shall be made appear; and have voted extravagant and

    Page 353

    contradictory orders. This board, having well considered their disorderly and unprecedented way of meeting,* 33.3 cannot but entirely disallow and dis|own their so clandestine meeting, to be a coun|cil; for should such a proceeding be, in the least countenanced, the consequence thereof would un|avoidably introduce a rupture and confusion, in the present frame of government: For, by the same reason, that any six members privately met, without notice had from, or given to, any of the rest, may represent the Governor and Coun|cil, in this place, by the same methods, two other six members elsewhere may represent two Go|vernors and Councils more, at the same time, in this government;* 33.4 which is an absurdity, not to be tolerated. And further, this Council, being under an obligation of asserting the Governor's power and authority, lodged in a regular Provin|cial Council, and for the undeceiving of many well minded persons, who otherwise may be abu|sed by their late sitting, have unanimously, by this instrument, in writing, declared this to be our sense and judgment, that all entries, orders and commissions made and given forth by the aforesaid six members, at the council-room, upon the twen|ty-first instant, are hereby deemed null, and of no* 33.5

    Page 354

    force. Whereof all Magistrates, officers and other persons concerned, in this government, are to take notice accordingly.

    Given at Philadelphia, 26th. of the Ninth-month, 1690.

    THOMAS LLOYD, President.

    This disagreement appears afterwards to have increased,* 33.6 and, in the fore part of the year 1691, proceeded to greater extreme.* 33.7* 33.8 The Proprietary, whether to gratify, or indulge the humor of the colony, and thereby induce a coalescence of the two parties, or with whatever other design, (which, no doubt, was well intended,) had left to the choice of the Council, three different methods, or modes, of the executive part of government, viz. either that of the Council, of five commissi|oners, or of a Deputy Governor: This affair, with other matters, being, about that time, agita|ted in Council, and the province, or the majority, inclining to the last of these methods, seven mem|bers,

    Page 355

    for the lower counties, viz. William Clark,* 33.9 John Cann, John Brinkloe, John Hill, Richard Halliwell, Albertus Jacobs and George Martin drew up and signed a formal protest, or declaration, di|rected to the members of Council, of the province of Pennsylvania; dated, Philadelphia, the first of the Second-month, 1691.

    In this they declared,—

    First, "That the mode of the five commissi|oners was the most agreeable to them,* 33.10 or to the counties, which they represented.

    Secondly, "That the commission of the Council was the next, though much less convenient, than that of the five commissioners; on account of the encroachments thereby made upon their rights and privileges, by the province, in imposing officers upon them, without their consent, or approbation.

    Thirdly, "That the method of a Deputy Go|vernor was the most disagreeable and grievous of any; on account of the choice of all officers being placed in a single person, and the expence, or charge, of his support: therefore they would not agree to accept of that commission.

    Fourthly, "But that, rather than the country should be without government, they would consent to that of the Council; provided no officers what|ever were imposed upon any of the three lower counties, without the consent of the respective members of Council for these counties.

    Fifthly, "That they desired to excuse them|selves for not agreeing to have these things put to the vote; which, they said, they had experienced, the members for the province would scarce ever do, till they were sure it would go against them.

    Sixthly, "That they, in behalf of the lower counties, protested against the acceptance of any commission, but that of the five persons, and re|solved,

    Page 356

    that should the province act otherwise, they would govern themselves by the commission, then in force, till the Proprietary's pleasure should be known therein:"—And thereupon they immedi|ately withdrew their attendance.

    What just or sufficient cause, they had for this conduct, doth not clearly appear: it gave many of the members of the Provincial Council, as well as the Proprietary himself, much concern and un|easiness;* 33.11 and great endeavours were used, and much pains taken by both, to reconcile them; but not with all the desired success: for their greatest ostensible objection against this commission of a Deputy Governor, which the province most inclined to, appearing to be the expence of his support, and their jealousy of having their officers removed, so, to relieve their apprehensions, in these respects, &c. at President Lloyd's request, John Simcock, John Bristow, John Delavall, with David Lloyd, went after them, to New-Castle, to endeavour their return, &c. but in vain.* 33.12

    Page 357

    Hence, upon the province preferring the choice of a Deputy Governor, contrary to the mind of the territories,* 34.1 and Thomas Lloyd being preferred to that office, (which he appears to have accepted with some reluctance) the Proprietary commissi|onated him Governor of the province, and the Secretary, William Markham, who appears to have joined and retired with the protesting members, in their abrupt separation, was, in like manner, ap|pointed over the lower counties, under certain re|strictions.

    This division of the Legislature appears to have been much against the Proprietary's mind;* 34.2 who seems to have apprehended dangerous, if not fatal, consequences from it.* 34.3 He blamed, or, at least,

    Page 358

    appeared displeased with Thomas Lloyd's conduct, in accepting of a partial choice, or that of the province only, as if it were in his power to have prevented this division; but the Provincial Coun|cil excused him in a letter thereon to the Propri|etary and entirely exculpated him from being ac|cessary thereto, or in any manner promoting this disagreement, throwing the whole blame on the territory men: they declared, that, instead of be|ing a gainer by any public offices, which he had held, Thomas Lloyd had wasted, or considerably worsted his estate thereby; that, as he was well known to be a lover and promoter of concord and union, and preferred a private life, so, "He never accepted of that commission, but by the importunity of his friends, or, at the earnest request of the pro|vince itself. This letter was signed by Arthur Cook, John Simcock, Samuel Richardson, James Fox, George Murrie and Samuel Carpenter.

    * 35.1The province and territories continued, in this manner, about two years; or, till the arrival of Governor Fletcher of New-York, in April, 1693; and though they managed better, in this situation, than the Proprietary, at first, seems to have ex|pected from it, and with more harmony than they had done, for some time before; neverheless, it will hereafter appear that the continued refractori|ness of the territories, in their refusing to accept of the new charter, in 1701, was, at length, the occasion of their total separation from the province, in legislation.

    Page 359

    The revolution and measures, taken by the pro|vince, in consequence of this conduct of the territories,* 35.2 with the form of the legislative pro|ceeding, in the Deputyship of Governor Lloyd, which commenced about the Third-month, 1691, and under the charter then in force are, in part, exhibited by the following promulgated bills; which appear to have been passed into laws, in the same year, viz.

    The Deputy Governour and Freemen of the province of Pennsylvania, in Council met at Philadelphia, on the seventeenth day of the Sixth-month, 1691, have prepared and pub|lished, according to law and charter, these fol|lowing bills, for the notice and concurrence of the Freemen, in Assembly to meet, the tenth day of the Seventh-month next, at Phi|ladelphia, aforesaid, in the form and style of laws, then and there to be confirmed, amend|ed, or rejected, as the General Assembly, in their wisdom, shall see meet.

    At an Assembly held at Philadelphia, the tenth day of the Seventh-month, anno dom. 1691.

    WHEREAS,* 36.1 by an act of General Assembly held at Chester, alias Upland, in the Tenth-month, 1682, it is, among other things, enacted by the Proprietary and Governor of this province of Penn|sylvania, with the advice and consent of the Depu|ties of the Freemen of the same province and coun|ties annexed, in the said Assembly met, that the counties of New-Castle, Jones and Whorekills, alias Deal, should be annexed, and are thereby annexed, unto the province of Pennsylvania, as of the pro|per territory thereof; and the people therein should be governed by the same laws, and enjoy the same privileges, in all respects, as the inhabitants of Pennsylvania did, or should, enjoy from time to time, as by the same act, more at large appears:

    Page 360

    But, lest the said Proprietary and Freemen of the said province should by the said union, be deprived of the immunities and powers then before in|vested in them, apart from the said annexed coun|ties, by virtue of the King's letters patent, and first charter of liberties, or should otherwise be impeded or obstructed, in any act of government, which might relate to the public good, justice, peace and safety of the said province, which might not so immediately concern the territories, it was, at the same General Assembly, further enacted, that all matters and things, not therein provided for, which should, or might, concern the public good, justice, peace and safety of the said province, and the raising and imposing taxes, customs, duties, or charges whatsoever, should be, and are, thereby referred to the order, prudence and determination of the Governor and Freemen of the said province, from time to time; which said laws have been sithence continued in, and by, the succeeding General Assemblies: Now, for as much as the present state and emergency of this government requires some speedy provision, for the support and safety thereof, and for the better esta|blishing the justice and peace of the same, by rea|son of the breach, that the Representatives of the said annexed counties have lately made, in wil|fully absenting themselves from their charteral at|tendance, in the last legislative Council and Assem|bly, and declining their other incumbent duties and services to the present constitutions of this province; as also, in opposing and tumultuously preventing the election of new members, to sup|ply the neglect of the said absenting Represen|tatives, withstanding all provincial acts of govern|ment, and denying the powers of the same: There|fore, for preventing all doubts and scruples con|cerning the meeting, sitting and proceeding of this present General Assembly, Be it declared and

    Page 361

    enacted, and it is declared and enacted, by the Deputy Governor, with the assent of the Repre|sentatives of the Freemen of the said province, in General Assembly met, by the King and Queen's authority, that the meetings of Council, since the dissent and refusal aforesaid, of the Representatives of the said annexed counties, and the meetings of the Deputy Governor and Representatives of the province, in Provincial Council and Assembly met, on the tenth day of the Third-month last past, at Philadelphia, and now sitting, in this pre|sent General Assembly, are the Provincial Coun|cil and Assembly of this province of Pennsylvania; and are hereby declared, enacted and adjudged so to be, to all intents, constructions and purposes, notwithstanding the absence of the Representatives of the said counties annexed:—And, for re|moving all objections, that may arise concerning the validity, force and continuation of the laws of this government, Be it further enacted, by the au|thority aforesaid, That all these laws, that were made, continued and stood unrepealed at the last General Assembly, held at New-Castle, in the year 1690, are hereby declared and enacted to stand in force and be continued respectively, un|till the publication of other laws, which shall be made by the next General Assembly of this pro|vince.

    Ex per DAVID LLOYD, Cl. Council.

    As this division had occasioned much anxiety to the Proprietary, of which both parties were sensible,* 36.2

    Page 362

    so to relieve him,* 36.3 at least in part, from his apprehen|sions and uneasiness, on that account, in the fore|part of the year 1692,* 36.4 the two deputies and their Councils unitedly writ him the following letter, viz.

    From the Council-room at Philadelphia, the 6th. of the Second-month, 1692.

    Worthy Governor,

    * 36.5THESE few lines, we hope, may much ease thy mind, in reference to thy exercises, concerning the affairs of thy government here, by informing thee, that, with unanimous accord, we rest satisfied with thy two deputations, sent for executive govern|ment of the province, and counties annexed: and thy deputies concurring amicably, at this time, to act as one general government, in legislation, we have proceeded in the preparing jointly some few bills; that thereby our present united actings may be as well published, as the respective services of the government answered.—What particular transactions of moment, which have occurred upon our calm debates of the choice of three, we refer to the minutes for thy satisfaction: We heartily wish thee well; and, with longing expectations, desire thy speedy return unto us; where, we doubt not, but thou wilt find a most grateful reception, and better face of affairs, than may seem to thee there, at this distance; so, bidding thee adieu, at this time, we remain,

    Thy faithful and well-wishing friends,

    • THOMAS LLOYD.
    • WILLIAM MARKHAM.
    • Arthur Cook,
    • Jno. Cann,
    • Jos. Growdon,
    • John Delavall,
    • Rich. Halliwell,
    • Griffith Owen,
    • George Martin,
    • Wm. Jenkins.
    • John Bristow,
    • Albertus Jacobs,
    • Hugh Roberts,
    • Sa. Gray,
    • Samuel Lewis,
    • Richard Wilson,
    • William Biles.

    Page 363

    CHAPTER XI.

    Schism and separation between George Keith and the Quakers.—Their testimony of denial against him.— His conduct afterwards.—Some judicial proceedings against him, &c.—The Magistrates' declaration of the reasons for these proceedings.—This affair, and the difference between the Province and Territories, give William Penn great concern and trouble. He is deprived of the government by King William and Queen Mary.—Their commission to Fletcher, Gover|nor of New York.—Fletcher's letter to Deputy Lloyd.

    IN the year 1691, an affair happened among the Quakers, in this part of the world,* 36.6 which gave them much uneasiness and trouble, in their religi|ous capacity, more especially in this Province, and the neighbouring places. This was the difference and separation between them and George Keith, before mentioned. He had been an eminent preacher and writer among them, for many years; and had published several well-written treatises, in defence of their religious principles, yet extant. He was a man of quick natural parts, and consi|derable literary abilities; acute in argument, and very ready and able in logical disputations, and nice distinctions, on theological subjects; but, said to be, of a brittle temper, and over-bearing dispo|sition of mind; not sufficiently tempered and qua|lified with that Christian moderation and charity, which give command over the human passions; the distinguishing characteristic of true Christianity: of which he himself had not only made high pro|fession, but also, in his younger years, as appears

    Page 364

    by his writings, had a good understanding. His great confidence in his own superior abilities seems to have been one,* 36.7 if not the chief, introductory cause of this unhappy dispute;—When men set too high a value on themselves, and others will not come up to their price, then they are discontented. He is said to have had too much life in argument and disputation, on religious points of controversy, and sometimes to have exhibited an unbecoming vanity on victory thereby obtained over his oppo|nents, even, prior to the schism between him and his friends: for having, some time before, been on a visit to New England, he is represented as having indulged his natural propensity this way, among the preachers and inhabitants there, in a very ex|travagant manner: Which disposition of mind, from that time forward, appeared to have so far got the ascendancy over him, that, on his return, he began to exhibit the same, even, among his friends, beginning with finding fault, proposing and urging new regulations, in the society, in re|spect to the discipline of it, and complaining, "There was too great a slackness therein."—Upon his friends not readily joining with him and his proposals, in the manner he expected, he became still more captious, and more disposed to seek mat|ters of reproach and offence against divers in the so|ciety, and to make the worst of them; charging some of his friends,* 36.8 who were generally well es|teemed and approved ministers, with preaching false doctrine; and, it is said, even, in points con|trary to what himself had formerly held and de|clared, in his writings, in defence of the Quakers, and their principles. He found fault with his friends being in the magistracy, and their execut|ing the penal laws against malefactors, as being in|consistent with their religious profession; and, in short, contended that he and such as joined with him, were the true Quakers, and all the rest, who opposed him, were apostates.

    Page 365

    These were the principal allegations, which, in beginning of the dispute, he appears to have made against the Quakers. The principal things,* 36.9 if not the whole, with which I find him charged by them, at that time, appear to be his over-bear|ing temper, and unchristian disposition of mind, in grossly vilifying and disparaging divers members of the society, who were universally and highly approved among them, and entirely rejecting their advice and judgment, in the affair; the conse|quence of an overheated and intemperate zeal: which, at last, proceeded so far as to occasion such a breach, that,* 36.10 on the 20th. day of the Fourth-month, 1692, a declaration, or testimony of denial, was drawn up against him, at a meeting of the ministers of the society at Philadelphia: wherein both he and his conduct were publicly disowned by them.

    This declaration, which was confirmed at the next following General Yearly Meeting, held at Bur|lington, the seventh of the Seventh-month, exhibits more fully the charges against him, and may fur|ther elucidate the case to the more inquisitive: Which Testimony, as it may, probably, be curious to some, if not instructive, is, therefore, placed in the notes.* 36.11

    Page 366

    * 38.1He drew off a large number of people with him, some of considerable account, in the society; and

    Page 367

    set up separate meetings, in divers places: These called themselves Christian Quakers and Friends,

    Page 368

    boasted of their large numbers, and looked upon the rest as Apostates; many books were written,

    Page 369

    and much altercation and dispute ensued, on both sides.

    He appealed, or complained,* 38.2 to the Yearly Meeting of the society, in London, against the Quakers of Pennsylvania, who had disowned him, and appeared there in person; where he was con|fronted by divers from the province. But, in this place, it is said, his passion and wrath so far pre|vailed over him, and his demeanour was so unrea|sonable and outragious, and so much disposed for contention and dispute, that notwithstanding all possible endeavours for a reconciliation, and heal|ing measures taking place between them, his de|nial was there finally confirmed.

    He thenceforward became a public and bitter enemy, as far as in him lay, against the Quakers,* 38.3 in general; preaching and writing against them with all imaginable virulency: In which he appear|ed afterwards to be employed by their adversaries, for that purpose; for having joined with the Epis|copal

    Page 370

    Clergy, in England, and served there for some time, as a Vicar, ordained by the Bishop of London,* 38.4 he afterwards returned to America; where, as a Clergyman, in orders, he officiated in his new function for about twelve months; and, having there given the Quakers all the trouble in his power, he returned again to England by way of Virginia. In this visit, it is said, he was generally slighted, both by those, who before had been his adherents, and others: And that his conduct was so glaringly inconsistent with his former pretensions; and his be|haviour towards the Quakers so manifestly arising from a malignant disposition of mind, and disap|pointed malice, notwithstanding all the superior abilities,* 38.5 which he possessed, and made use of, he was universally despised by sober and thinking people of all societies.

    After his return to England, he was fixed in a benefice, in Sussex; and continued to write against his former Friends, as a bitter enemy; but, as far as appears, with a sinking reputation. At last, on his death-bed, from a well authenticated account, it is asserted,* 38.6 he thus expressed himself; "I wish I had died when I was a Quaker; for then I am sure it would have been well with my soul."—This is an instance of the weakness of the human mind, even, when aided with the acquirements of science and superior knowledge; it shews how far from their real interest and true happiness, strong passions and unruly tempers may sometimes hurry, even, men of understanding; and how widely different things appear, in times of ambition, rage and revenge, from what they really are, in our cool and reflect|ing moments.

    Page 371

    This schism made a great disturbance, in the pro|vince, for a time, and in some other places, among the Quakers; yet many, or the major part,* 38.7 of those persons, who had thus separated themselves, through the conduct of this person, are said, to have returned soon after to the society.

    But because Keith had, (as accounts say) by abusive language and printed publications, vilified divers persons in the Magistracy, tending to sub|vert that absolutely necessary institution and order in civil society, and thereby had drawn upon him|self some judicial proceedings, on that account,* 38.8 some persons have been disposed to charge the Qua|kers, if possible, with persecution for religion; and as this appears to be the only case, in which their enemies pretend to have just ground to accuse them of this evil, I shall, therefore, endeavour here to lay before the reader, that part of this transaction as circumstantially as the accounts remaining of it will permit.

    In the beginning of the year 1691, a person, named Babit, with some others, stole a small sloop, from a wharf, in Philadelphia; and in going down the river with it, committed divers robberies; of which intelligence being early given to the Magi|strates, three of them gave out a warrant, in the nature of a Hue and Cry, to take them, in order to a legal tryal and punishment; by virtue of which they were taken, and brought to justice. The Magistrates, who granted this warrant, being Qua|kers, George Keith, and his party,* 38.9 soon after took occasion from thence to represent it as inconsistent with their principles against fighting.—He called Thomas Lloyd, the Deputy Governor, who was ac|counted a person of a mild temper and deportment, good sense, and unblemished character, and whose unwearyed endeavours, to serve him, are said to have merited a different treatment,* 38.10 "An impudent man, and a pityful Governor;" asking him, "Why he

    Page 372

    did not send him to jail?" and telling him, "His back had long itched for a whipping; and that he would print and expose them all over America, if not over Europe;" and one of the Magistrates, who was well known to be a modest and peaceable man, he opprobriously called, "An impudent rascal:" Such his conduct is represented to have been.

    Besides, being much enraged, he had published several virulent pieces;* 38.11 one of which indecently reflecting on the above mentioned transaction, and on several of the principal Magistrates in their ju|dicial capacity, and thereby lessening the lawful authority of the magistracy, in the view of the baser sort of the people, who began thereupon to take greater liberties; wherefore the printers, Wil|liam Bradford and John M'Comb, who had publish|ed it, were, by a warrant, from five Magistrates, viz. Arthur Cook, Samuel Jenings, Samuel Richard|son, Humphrey Murray and Robert Ewer, taken up, examined, and upon their contemptuous beha|viour to the court and justices, in their examination, and upon their refusal to give security, to answer at court,* 38.12 the usual practice in all similar occasions, they were committed; and though they were under no confinement, being entirely at large, on their bare word only, yet, (which seems to have been done by them, to answer some particular design) at a certain time, having occasion to sign a paper, when they could not be admitted into the prison itself,* 38.13 it is said, they got into the entry of it, and there dated, and signed the said paper, as from the prison:—But they were soon discharged, without being brought to a tryal.

    * 38.14George Keith and Thomas Budd were also pre|sented by the Grand Jury of Philadelphia, as au|thors of another book, of the like tendency, in the following words, viz. "We, of the Grand Jury, do present George Keith and Thomas Budd, as authors of a book, entitled, The plea of the in|nocent,

    Page 373

    where, in page third, about the latter end of the same, they, the said George Keith and Tho|mas Budd, defamingly accuse Samuel Jenings, he being a Judge and a Magistrate, of this province, of being too high and imperious in worldly courts, calling him, impudent, presumptuous and insolent man, greatly exposing his reputation, and of an ill precedent, and contrary to the law, in that case made and provided."

    The lenity of the magistracy is said to have been very remarkable towards the actions and behaviour of divers of these people, when compared with the provocations given; which, by apparent design, had not only been, but also still continued to be, so extremely notorious and abusive, as well as de|rogatory to the principal persons in authority, in their judicial capacity, that, it is said, the rabble became greatly encouraged thereby, to despise and inveigh against the acts of government, and to render it more and more difficult to bring offen|ders to justice; it was, therefore, thought proper that this presentment should be prosecuted;* 38.15 so the matter was brought to a tryal, and the parties fined five pounds each; but the fines were never ex|acted.

    All possible art and means were said to be used,* 38.16 which the enemies to the Quakers, the disaffected to the administration, and the more libertine part of the people, in the province were capable of, to magnify these judicial proceedings, and to represent them, as being on a religious account; and with great assiduity, artifice and noise, they were by these propagated as such, both at home and abroad; upon which the Magistrates published the reasons of their conduct, in the following paper, viz.

    At a private sessions held for the county of Phi|ladelphia, the 25th. of the Sixth-month, 1692, before

      Page 374

      Justices of the county.
      • Arthur Cook,
      • Samuel Jenings,
      • Samuel Richardson,
      • Humphrey Murray,
      • Anthony Morris,
      • Robert Ewer,

      * 39.1WHEREAS, the government of this pro|vince being, by the late King of England's pecu|liar favour, vested, and since continued, in Gover|nor Penn, who thought fit to make his, and our worthy friend, Thomas Lloyd, his Deputy Go|vernor, by, and under whom the Magistrates do act, in the government; and, whereas, it hath been proved before us, that George Keith, being a resident here, did, contrary to his duty, publicly revile the said Deputy Governor, by calling him an impudent man, telling him, "He was not fit to be a Governor, and that his name would stink;" with many other slighting and abusive expressions, both to him and the Magistrates; (and he, that useth such exorbitancy of speech towards our said Go|vernor, may be supposed, will easily dare to call the members of Council and Magistrates impudent rascals, as he hath lately called one, in an open assembly, that was constituted, by the Proprietary, to be a Magistrate) and he also charges the Magi|strates, who are ministers here, with engrossing the magisterial power into their hands, that they might usurp authority over him; saying also, "He hoped in God he should shortly see their power taken from them;" all which he acted in an indecent manner.

      And further, the said George Keith, with se|veral of his adherents, having, some few days since, with unusual insolence, by a printed sheet, called, "An appeal," &c. traduced and vilely misrepre|sented the industry, care, readiness and vigilance of some magistrates and others here, in their late proceedings against the privateers, Babit, and his

      Page 375

      crew, in order to bring them to condign punish|ment; whereby to discourage such attempts,* 39.2 for the future; and have thereby also defamed and arraigned the determinations of the principal judi|cature, against murderers; and not only so, but also, by wrong insinuations, have laboured to pos|sess the readers of their pamphlet, that it is incon|sistent for those who are ministers of the gospel, to act as Magistrates; which, if granted, will ren|der our said Proprietary incapable of the powers, given him by the said King's letters patent; and so prostitute the validity of every act of government, more especially in the executive part thereof, to the courtesy and censure of all factious spirits, and male-contents, under the same.

      Now, forasmuch as we, as well as others, have born, and still do patiently endure, the said George Keith, and his adherents, in their many personal reflections against us, and their gross revilings of our religious society, yet, we cannot, without the violation of our trust to the King and govern|ment, as also to the inhabitants of this govern|ment, pass by, or connive at, such part of the said pamphlet and speeches, that have a tendency to sedition and disturbance of the peace, as also to the subversion of the present government, or, to the aspersion of the Magistrates thereof.

      Therefore, for the undeceiving of all people, we have thought fit, by this public writing, not only to signify, that our procedure against the per|sons now in the Sheriff's custody, as well as what we intend against others concerned, (in its proper place) respects only that part of the said printed sheet, which appears to have the tendency afore|said, and not any part relating to differences in re|ligion; but also these are to caution such, who are well affected to the security, peace, and legal ad|ministration of justice, in this place, that they give no countenance to any revilers, or contemners of

      Page 376

      authority, Magistrates or magistracy; as also, to warn all other persons, that they forbear the fur|ther publishing and spreading of the said pamphlets, as they will answer the contrary at their peril.

      Given under our hands, and seal of the coun|ty, the day, year and place, aforesaid.

      * 39.3This affair of George Keith gave much concern to William Penn, who appeared, at first, rather to have censured part of these proceedings against him; whom he regarded as his old friend, more especially his trial; at which by some of his letters, he appeared to be much displeased:* 39.4 but after he was made fully acquainted with the nature and cir|cumstances of the whole transaction, and was con|vinced of George Keith's great change, he appears to have been as ready and active as any others, in endeavouring to clear the society from the imputa|tion of being the cause of the unhappy schism. But the difference between the province and territories continued still much to affect him, and to increase his apprehensions of very disagreeable consequen|ces; as appears by his manner of writing to some of the principal persons, in the administration, about this time.† 39.5

      Page 377

      It cannot reasonably be imagined that the court of King William could be very favourably disposed to a person,* 39.6 who had been so much in friendship with the late King James,* 39.7 as William Penn had been; though King William himself seems to have had a great regard for him, and his known gene|ral great humanity and catholic spirit towards all, without distinction of party, rendered him respect|ed among men of opposite principles both in reli|lion and politics; yet his enemies, more especially in the latter of these characters, never had a fairer opportunity against him, than at this time; hence, when his young colony most needed his presence and assistance, they not only effectually prevented his giving it that aid, as before mentioned, but also now so far misrepresented, or magnified, these dis|orders in it,* 39.8 which, in great measure, arose from his too long absence from it, thus occasioned by themselves, or, that, in consequence thereof,* 39.9 he was, in the year, 1692, deprived of the govern|ment of Pennsylvania and the territories, by King William and Queen Mary; who granted a commis|sion to Benjamin Fletcher, Governor of New York, dated October the 21st. in the fourth year of Wil|liam and Mary, anno 1692, to take them under his government; which commission arrived, in the beginning of the year 1693, and is as follows, viz.

      Page 378

      William and Mary, by the grace of God, King and Queen of England, Scotland, France and Ireland, defender of the faith, &c.

      To our trusty and well-beloved Benjamin Fletcher, Esquire, our Captain General and Commander in Chief of our province of New-York, and the territories depending thereon, in America, Greeting:

      * 40.1WHEREAS, by our commission, under our great seal of England, bearing date the eighteenth day of March, in the fourth year of our reign, we have constituted and appointed you, the said Benjamin Fletcher, to be our Captain General, and Governor in chief, in and over our province of New-York, and the dependences thereon in Ame|rica; and have thereby granted unto you full power and authority, with the advise and consent of our Council, as need shall require, to summon and call General Assemblies of the inhabitants, being freeholders, within the said province, according to the usage of the province of New-York; and that the persons thereupon duly elected by the ma|jor part of the freeholders of the respective coun|ties and places, and so returned, and having be|fore their sitting, taken the oaths appointed by act of Parliament, to be taken instead of the oaths of allegiance and supremacy, and subscribed the test; and without taking and subscribing whereof none shall be capable of sitting, though elected, shall be called the General Assembly of that our said province, and have thereby granted unto you, the said Benjamin Fletcher, by and with the consent of our said Council and Assembly, or the major part of them, full power and authority, to make, con|stitute and ordain, laws, statutes and ordinances for the public peace, welfare, and good govern|ment of our said province, and of the people and inhabitants thereof; which said laws, statutes and ordinances are to be, as near as may be, agreeable

      Page 379

      to the laws and statutes of this our kingdom of En|gland; provided that all such laws, statutes and ordinances be, within three months, or sooner,* 40.2 after the making thereof, transmitted unto us, under our seal of New-York, for our approbation, or disallowance of the same; and in case any, or all of them, not before confirmed by us, shall, at any time, be disallowed, and not approved, and so signified by us, our heirs and successors, under our, or their sign manual, or signet, or by order of our or their, Privy Council, unto you, the said Benjamin Fletcher, or to the Commander in Chief of the province of New-York, for the time being, then such, and so many of them, as shall be so disallowed and not approved, shall from thence forth cease, determine and become utterly void, and of none effect: And to the end that nothing may be passed, or done, by our said Council and Assembly to the prejudice of us, our heirs and successors, we have hereby willed and ordained, that you, the said Benjamin Fletcher, shall have and enjoy one negative voice, in the making and passing of all laws, statutes and ordinances, as aforesaid; and that you shall and may, from time to time, as you shall judge it necessary, adjourn, prorogue and dissolve all General Assemblies aforesaid.

      We, therefore, reposing special trust and con|fidence in the prudence, courage and loyalty of you, the said Benjamin Fletcher, to be our Captain General, and Governor in Chief, in and over our province of Pennsylvania, and in the country of New-Castle, and all the tracts of land depending thereon, in America, and we do accordingly, by these presents, command and require you to take the said province and country under your govern|ment, and for the better ordering, governing and ruling over said province and country, and the tracts and territories depending thereon, we do hereby give and grant unto you, the said Benjamin

      Page 380

      Fletcher, all and every the like powers and autho|rities, as in our said commission, bearing date the eighteenth day of March,* 40.3 in the fourth year of our reign, are given, granted and appointed you, for the ruling and governing our province of New-York, to be exercised, in like manner, by you, the said Benjamin Fletcher, in and over our said province of Pennsylvania, and the country of New-Castle, and the territories and tracts of land, de|pending thereon in America.

      Governor Fletcher, upon receiving this com|mission, repaired to his new government, after having first notified his intention by the following letter, directed,

      To the honourable Thomas Lloyd, Esquire, De|puty Governor of Pennsylvania.

      SIR,

      * 41.1HAVING received their Majesties' commission, under the great seal, for the government of Penn|sylvania, and being required to make a speedy re|pair to that province, I think fit to acquaint you, that I propose to begin my journey from home, on Monday, the twenty-fourth instant, and desire the Council, and principal freeholders may have notice; that their Majesties' commands may be communi|cated to them, so soon as I arrive, which, I hope, may be the twenty-ninth.

      I am, Sir, your very loving friend, BENJAMIN FLETCHER.

      New-York, April the 19th. 1693.

      Page 381

      CHAPTER XII.

      Governor Fletcher arrives at Philadelphia.—Names of the members of Assembly convened by him, in 1693.—Council's address to the Governor.—Pro|ceedings of the Governor and Assembly, &c.—The Queen's letter to Governor Fletcher, respecting the defence of Albany.—Assembly's address to the Go|vernor, with his answer.—The Assembly's remon|strance, with other proceedings.—A law for the support of government, &c.—Assembly's petition to the Governor.—Resolve of the Assembly, and pro|test of some of its members.—John Delavall.—Go|vernor Fletcher dissolves the Assembly, appoints William Markham his Deputy, and departs for New-York.—His message to the Assembly in 1694. Conclusion of Fletcher's administration, &c.— Death and memorial of the former Deputy Gover|nor, Thomas Lloyd.

      COLONEL Fletcher arrived at Philadelphia with more pomp, and splendid attendance,* 41.2 than had been usually seen before in Pennsylvania;* 41.3 and the persons in the present administration appear to have given up the government to him, without any noti|fication, or order, to them, either from the crown, or the Proprietary; for which, afterwards,* 41.4 in a let|ter to certain of them, William Penn seems to have blamed their conduct, especially that of his Deputy Lloyd; but yet apprehending their view, in so doing, to have been intended for the best, he excused them. He likewise writ to Fletcher him|self, cautioning him to beware of meddling with

      Page 382

      it, in the present circumstances, and reminding him of his particular obligation to him. This the Proprietary having mentioned in the abovesaid let|ter, to his friends in the province, the following answer, respecting the Governor of New-York, was returned by six of them, viz. Arthur Cook, John Simcock, James Fox, Samuel Richardson, George Murrie and Samuel Carpenter, in a letter to the Proprietary, dated, Philadelphia, the 18th. Eleventh-month, 1693-4, viz. "That if the said letter (to Fletcher) had come in time (as we are informed) he would hardly have proceeded so far, in taking this government; and, therefore, we could have wished it had come sooner, if haply it had been a means to prevent so great trouble and loss to thee and us; who are (as we stand related) great sharers with thee, in all things tending to the hurt of the province."—

      Governor Fletcher, soon after his arrival, cal|led an Assembly: prior to which, a dispute, aris|ing between him and the Council, respecting the mode of electing and convening them, occasioned the following address to him, from the members of the Council, delivered on the 29th. of April, viz.* 41.5

      Page 383

      To Benjamin Fletcher, Captain General, and Go|vernor in chief," &c.

      The humble address of the freemen of the pro|vince of Pennsylvania, presented by their de|legates, Members of the Provincial Council, sheweth,

      THAT, whereas,* 42.1 the late King Charles the the second, in the thirty-third year of his reign, by letters patent, under the great seal of England, did, for the consideration therein mentioned, grant unto William Penn and his assigns, this colony, or tract of land, erecting the same into a Province, calling it Pennsylvania, and constituting the said William Penn, absolute Proprietary of the said Pro|vince, saving (among other things) the sovereignty thereof, with power also, by virtue of the said royal charter, to the said William Penn, his deputies and lieutenants, to make laws, with the advice and as|sent of the freemen of the said province, or the greatest part of them, or of their delegates, or deputies, whom, for the enacting of the said laws, when, as often as need required, he, the said Wil|liam Penn, should assemble, in such sort, as to him should seem best, with divers other great powers, immunities and privileges, in the same charter con|tained, which, relation being thereunto had, may more at large appear.

      By virtue, and in pursuance whereof the said Proprietary, William Penn, with the advice and consent of the freemen of this Province, in Gene|ral Assembly met, at Philadelphia, (in 1683) did enact, that the time for the meeting of the free|men, to chuse their Deputies, to represent them in Provincial Council, and General Assembly, should be on the 10th. day of the First-month, yearly; and the members chosen, for the Provin|cial Council (consisting of three persons out of each county) should give their attendance, within

      Page 384

      twenty days after election, in order to propose bills; and the members of Assembly, being six out of each county,* 42.2 should meet on the tenth of the Third-month, called May, yearly, in order to pass those proposed bills into laws; but, in case any of the said members should either be of ill fame, or wilfully absent from their service, or hap|pen to die, it is provided by another law, (made in 1684) that it shall be lawful for the Proprietary and Governor, within ten days after knowledge of the same, to issue out a writ to the Sheriff of the county, for which the party was chosen, immedi|ately to summon the freemen to elect another member, &c.

      Now, forasmuch as the present emergency of affairs, in this province, may require a General Assembly to be speedily called, and since we con|ceive it hath pleased the King and Queen so far to countenance our laws and constitution as to direct the present governancy to rule thereby, until the laws be duly made, to alter, or amend the same;

      We, therefore, earnestly desire, that no other measures may be taken, for electing, or convening, our legislative power, than our recited laws and constitutions of this government prescribe, the rather, for that the said King did, by his letters pa|tent, enjoin, require and command, that the laws made, as aforesaid, should be most absolute and available in law, and that all the liege people and subjects of the said late King, his heirs and succes|sors, should observe and keep the same inviolable, in these parts.

      • Joseph Growdon,
      • John Bristow,
      • John Delavall,
      • John Simcock,
      • Hugh Roberts,
      • Samuel Lewis,
      • Richard Hough.

      Page 385

      The Assembly, being met on the 16th. of the Third-month, presented their Speaker, Joseph Growdon, to the Governor, for his approbation;* 42.3 who being accepted, the oaths and tests were pre|sented to the whole house, in the manner of other governments, under the immediate administration of the crown; but some of the members, being scrupulous of taking oaths, and refusing to be sworn, were indulged with subscribing to the de|clarations and professions, mentioned in the act of Parliament, for liberty of conscience, made in the first year of King William and Queen Mary. This the Governor told them was an act of grace, and not of right, so as to be drawn into precedent in future.

      It doth not appear that either the Proprietary,* 42.4 or the people of Pennsylvania, had forfeited those rights and privileges, whose enjoyment had been the compact of their settlement of the province; of which privileges, those which respected their religious, or conscientious scruples were the chief; but the contrary rather is manifest: For notwith|standing what was alledged for depriving the Pro|prietary of the government, it was well known that the suspicion of his adhering too much to King James was the principal, if not the only, cause for rendering him incapable of attending so pro|perly to it, as it seemed at that time to require: But nothing was ever proved, to confirm what was alledged against him, in that respect; though it injured him so far, as to oblige him, for a time, to be in secret, and to be absent too long from his province; whereby some disorders happened in it, that in all probability, would otherwise have been prevented; but none of such magnitude, as to violate, or prevent, the regular administration of justice, as seems to have been alledged by the ene|mies of the prosperity of the province; much less to give just occasion for depriving the colonists of

      Page 386

      their dearly bought rights and privileges, granted by charter, confirmed by laws, and familiarized by custom; though it might be called a favour, to enjoy them, where power alone has the rule, without having any regard to justice: For notwith|standing the Governor was changed, yet it was presumed the government, or constitution, was not, in consequence thereof, to be violated, or altered, and that the inhabitants of Pennsylvania had as just a right to be governed according to the usage of Pennsylvania, and their own laws, then in force,* 42.5 as those of New-York had to be governed according to the usage of that province, though their usages were different, so long as justice was equally well administered by the former, as by the latter, and in a manner more agreeable to them.

      The Assembly, however, in consideration of the present circumstances of affairs, thought it most prudent to submit, though not consistent with a privilege, to which, in their apprehension, they had a right, and below the justice of their claim; and, for the present, acknowledged the same, as an act of grace and savour, proceeding from the justice and kindness of the Governor.

      The Assembly being qualified, the Governor communicated to them a letter,* 42.6 which he had

      Page 387

      received, in the last year, from the Queen, setting forth, that the expence, for the preservation and defence of Albany, against the French,* 43.1 which had been intolerable to the inhabitants there; and that, as it was a frontier, by which several of the other colonies were, in some measure, defended, it was thought reasonable that those colonies should be assisting, from time to time, to the government of New-York, in the maintenance and defence of it, during the war.

      The first question put by the Assemby, after their meeting, was, How far the laws of the pro|vince, and constitution of the government, found|ed on the powers of the King's letters patent to the Proprietary, William Penn, were in force? up|on which it was unanimously Resolved,* 43.2 "That the laws of this province, that were in force and prac|tice before the arrival of this present Governor, are still in force; and that the Assembly have a right humbly to move the Governor for a continu|ation, or confirmation thereof."—Accordingly the following address was drawn up and presented to the Governor, viz.

      Page 388

      To Benjamin Fletcher, Esquire, Captain General, and Governor in Chief, of the province of Pennsylvania, and country of New-castle,

      The humble address of the Freemen of said pro|vince and country, Sheweth,

      * 44.1THAT since it hath pleased the King and Queen, that the absence of our Proprietary's per|sonal attendance, in this government, should be superseded by thee, or thy Lieutenant, we, the Representatives of the Freemen of the said pro|vince and territories (with due respect to the powers of thy commission, and hearty acknowledgment of thy good-will, care and tenderness towards us) do readily acquiesce with the King's pleasure therein, earnestly beseeching that our procedure in legisla|tion may be according to the usual method and laws of this government, founded upon the late King's letters patent; which we humbly conceive to be yet in force, and therefore, we desire the same may be confirmed unto us, as our rights and liberties.—And we, with all faithfulness and since|rity, to give what assurance we are capable of, in the present circumstances we are, to answer the Queen's letter, and thy request, according to our ability.

      Third-month 17th. 1693.

      To which the Governor returned this answer, viz.

      Gentlemen,

      * 45.1I, with the Council, have considered your address, and am sorry to find your desires ground|ed upon so great mistakes.—The absence of the Proprietary is the least cause mentioned in their Majesties' letters patent, for their Majesties' assert|ing their undoubted right of governing their sub|jects, in this province: There are reasons of greater moment; as, the neglects and miscarriages, in the late administration; the want of necessary defence

      Page 389

      against the enemy, and the danger of being lost from the crown.

      The constitution of their Majesties' govern|ment, and that of Mr. Penn, are in a direct op|position, one to the other; if you will be tenacious in stickling for this, it is a plain demonstration, use what words you please, that, indeed, you decline the other.

      I shall readily concur with you, in doing any thing, that may conduce to your safety, prosperity and satisfaction, provided your requests are consis|tent with the laws of England, their Majesties' let|ters patent, and the trust and confidence their Ma|jesties' have reposed in me.

      Time is very precious to me, I hope you will desist from all unnecessary debates, and fall, in ear|nest, upon those matters, I have already mentioned to you, and for which you are principally con|vened.

      The debates of the House, upon this answer to their address, produced the following remonstrance to the Governor, viz.

      To Benjamin Fletcher, Esquire, Captain Gene|ral, and Governor in Chief, in and over the Province of Pennsylvania, Country of New Castle, and tracts of Land depending;—

      The remonstrance of the Freemen of the said Province and Country, in Assembly met,

      Humbly sheweth,

      THAT, having, with all dutiful respect,* 46.1 read and considered the Governor's answer to our ad|dress, this morning, We, in answer thereunto, with submission say, we conceive that our desires were not grounded on mistakes, in relation to the Proprietary's absence.

      Page 390

      But, as to the other clause, mentioned by the Governor, of their Majesties' asserting their un|doubted right of governing their subjects, in this Province, &c. we, with all readiness and chearful|ness, own accordingly to the right of the King and Queen, whose prosperity and happy reign we hear|tily desire; and as to the other reasons rendered, for superseding our Proprietary's governancy, we apprehend they are founded on misinformations: for the courts of justice were open, in all counties, in this government, and justice duly executed, from the highest crimes of treason and murder, to the determining the lowest differences about pro|perty, before the date, or arrival of the Governor's commission; neither do we apprehend that the pro|vince was in danger of being lost from the crown, although the government was in the hands of some, whose principles were not for war; and we con|ceive that the present governancy hath no direct opposition (with respect to the King's government here in general) to our Proprietary, William Penn's, though the exercise of thy authority, at present, supersedes that of our said Proprietary; neverthe|less we readily own thee for our lawful Governor, saving to ourselves, and those whom we represent, our and their just rights and privileges.

      JOSEPH GROWDON, Speaker.

      The 17th. of the Third-month, 1693.

      What reply the Governor made, or whether any, does not appear; but the Assembly, having thus modestly asserted their privileges, proceeded to enact sundry laws. One for the support of go|vernment, and such others as were thought neces|sary, either to be renewed, or repealed, for the public good, being sent up to the Governor and Council, the latter were detained by them for some time, to see what the Assembly would do, in consequence of the Queen's letter. This delay,

      Page 391

      with the Governor's asserting, "that the Assembly should have no account of the bill, (of supply, or for the support of government* 46.2) till they came, in

      Page 392

      a full house, before him, to give the last sanction to the laws;"—"and, that he saw nothing would

      Page 393

      do, but an annexion to New York,"—induced the house to send the following petition to the Go|vernor.

      Page 394

      To Benjamin Fletcher, Esquire, Captain General, and Governor in Chief, in and over the pro|vince of Pennsylvania, country of New-Castle, and tracts of land depending,

      The humble petition of the Freemen of the said province and country, in Assemby met,

      Sheweth,

      * 48.1THAT they, being deeply sensible of the many inconveniences that may attend a misunder|standing between the Governor and Freemen, do earnestly desire all occasions may be taken away, and with all humility, beg the Governor would be pleased, in tender regard to the trust, lodged in the said Representatives, to condescend so far, as to in|form them, which of their bills the Governor will accept, amend, or reject; that, by knowing which of the said bills are disliked by the Governor, the Assembly may dispose themselves to acquiesce with the Governor's pleasure, or endeavour to satisfy the Governor and Council with the reasonableness of the said bills; which, being done, will remove all doubts and troubles from our minds, upon that occasion, and we shall proceed with chearfulness to finish this General Assembly, to the King's ho|nour, and the general satisfaction of the Governor and government.

      Third-month 31st. 1693.

      Notwithstanding the soft and pliant terms of this petition, the Assembly unanimously resolved, "That all bills sent to the Governor and Council, in order to be amended, ought to be returned to

      Page 395

      this house, to have their further approbation, upon such amendments, before they can have their final assent, to pass into laws;"* 48.2—And there was a party in the house, who strenuously asserted their un|doubted rights, as founded on their then present charter of privileges, but, being the smaller num|ber, all they could do terminated in the following protest, viz.

      Philadelphia, Fourth-month 1st. 1693.

      WE, whose names are hereunto subscribed,* 49.1 Representatives of the Freemen of his province, in Assembly, do declare, it is the undoubted right of this house to receive back from the Governor and Council all such bills as are sent up for their approbation, or amendments, and debate the same, as the body of the bills, and that the denial of that right is destructive to the Freemen of making laws; and we do also declare, it is the right of the Assemb|ly, that before any bill, for supplies, be presented, for the last sanction, aggrievances ought to be re|dressed:—therefore, we, with protestation (saving our just rights in Assembly) do declare, that the assent of such of us as were for sending up the bill, for the supply, this morning, was merely in consideration of the Governor's speedy departure, but that it should not be drawn into example, or precedent, for the future.

      • David Lloyd,
      • James Fox,
      • John Swift,
      • John White,
      • George Maris,
      • Samuel Richardson,
      • John Simcock,
      • Samuel Preston,
      • Samuel Carpenter,
      • Henry Paynter.

      According to the Assembly's petition the Gover|nor sent back several bills, with his objections, for amendments; which, being agreed to, were after|wards passed. And the rolls of such old laws, as the Assembly did not think fit to repeal, to pre|vent any doubt of their being in force, being sent

      Page 396

      up to him, were signed by him, for confirmation. After which he dissolved the Assembly, by their own advice,* 49.2 and departed for his government at New York, having first appointed William Mark|ham, Lieutenant Governor in his stead, in Penn|sylvania.

      During Governor Fletcher's administration here, he appears to have been several times in the pro|vince,* 49.3 but never long at one time. He met the Assembly again in the Third-month, 1694; and, in a message to them, dated, Philadelphia, May 23d. 1694, he acquaints them,

      * 49.4"That he had been disappointed in meeting them sooner, according to his intention, and di|rection given for calling the Assembly, by reason of being under a necessity to repair to Albany, on intimation given, that the five nation Indians, which had been so long faithful to the English, were now debauched to the French interest, and entering into a league with the Governor of Canada; which was a matter of the highest importance to the neighbouring colonies, and required his utmost abilities and application to prevent.

      "That he was come to lay the whole affair before them, assuring them, that their own Indians here would be compelled to join the fatal confederacy.

      "That, in consequence hereof, he had seen fourscore fine farms all deserted about Albany.

      "That the Jerseys had done more for the com|mon defence than all the other adjacent provinces.

      "That he considered their principles, that they could not carry arms, nor levy money, to make war, though for their own defence, yet he hoped they would not refuse to feed the hungry and cloath the naked; that was, to supply the Indian nations with such necessaries, as may influence their con|tinued friendship to these provinces.

      Page 397

      "Lastly, that he was ready,* 49.5 as far as in him lay, consistent with the rules of loyalty, and a just regard to liberty and property, to redress their grievances, if they had any."

      During this, and the succeeding session,* 49.6 in Sep|tember, this year, several laws were passed; which ends the administration of Governor Fletcher.—

      But what return was made by the house to his request, in the latter part of the above message, does not clearly appear; only I find, that, in a letter of the Proprietary, dated, Bristol, fifth of the Ninth-month, 1695, which seems to allude to part of the present proceedings,* 49.7 he observes and complains of there being factious persons in the co|lony, that disturbed, or threatened the tranquillity of the government;—and he blames the province For refusing to send money to New-York, for what he calls a common defence, urging their compliance, and expressing the danger of their oversetting the government again, by such refusal; which, before that time, was restored to him, Markham being his Deputy.* 49.8

      On the 10th. of the Seventh-month this year (1694) died Thomas Lloyd,* 49.9 the Proprietary's late Deputy Governor, aged about fifty-four years. His father was a person of some fortune, rank and es|teem; of an ancient family and estate, called Dolo|bran, in Montgomeryshire, in North Wales, This his son Thomas Lloyd was a younger brother, and was educated in the best schools; from which he was removed to the university of Oxford; where he is said to have made considerable proficiency;

      Page 398

      and, being endowed with good natural parts, and an amiable disposition of mind,* 49.10 he attracted the regard and esteem of persons of rank and figure, and was afterwards in the way to considerable pre|ferment, in the world; but, being of a sober and religious way of thinking, he joined with the Quakers, and renounced all worldly considerations, for that peace of mind, and real mental felicity, which he believed to be the effect of true religion; and became an highly esteemed preacher in that society.* 49.11 In consequence of which, having suf|fered much unmerited reproach, persecution and loss of property, in his native country, he after|wards removed to Pennsylvania, among the first, or early settlers, and was one of William Penn's most intimate friends. He was mostly one of the principal persons in the government, from his first arrival, and of very great service in the public affairs: Yet he appears to have so much disliked such a public kind of life, that, from the sole view of serving his country, when it so much needed it, he is said to have accepted of the eminent offices, which, at different times, he held in the admini|stration, &c. for he was so far from making advan|tage, or profit, to himself, by thus devoting his superior abilities, that it is asserted, he worsted, or lessened, his private estate thereby.

      In both his civil and religious capacity, in divers respects, the great utility of his conduct and ma|nagement, during the infant and early state of

      Page 399

      the province and colony, appear to have been very extensive and conspicuous, till his death;* 49.12 inso|much that he was universally beloved by all degrees of the people, both for his good services, and the excellency of those amiable qualities, which, from the advantages of birth, education, religion, and good sense, are represented to have united in him, to distinguish his character, and render him a bright and shining example of piety, virtue and integrity, through every department, stage and vicissitude of both his private and public life.* 49.13

      Page 400

      CHAPTER XIII.

      William Penn cleared of the accusations against him, and his government restored.—His letter on this subject and other things.—Death of his wife, Gu|lielma Maria.—He commissionates William Mark|ham his Lieutenant Governor.—Copy of the instru|ment by which he was reinstated in his govern|ment in 1694.—His useful employment in England. His second marriage.—Death of his eldest son, Springett.—Ancient testimony of the Quakers re|newed, &c.—William Penn visits his friends, the Quakers, in Ireland, &c.—Governor Markham's administration.—His writ for calling an Assembly, in 1695.—Proceedings of the Assembly in 1696. Their remonstrance, &c.—Further proceedings of the Legislature; wherein a bill of settlement is agreed to and passed, called the third frame of go|vernment, &c.— Names of the members of Assem|bly in 1698.—State of the province about this time.—A Proclamation.

      * 49.14WE now return to William Penn; who, in the latter part of the year 1693, through the mediation of his friends,* 49.15 the Lords, Rochester, Ranelagh and Sidney, in which the Lord Somers, the Duke of Buckingham and Sir John Trenchard were also assisting, was admitted to make his innocency ap|pear; which he did so effectually, that he was not only readily acquitted of the charge against him, but also had his government restored.

      Page 401

      The three first mentioned Lords went to the King, on the 25th. of November, and represented to him William Penn's case, "As not only hard,* 49.16 but oppressive; that there was nothing against him, but what impostors, or those, that were fled, or that had, since their pardon, refused to verify, and as••••d William Penn pardon, for saying what they 〈◊〉〈◊〉) alledged against him; that they (the said Lords) had long known William Penn, some of them thirty years, and had never known him to do an ill thing, but many good offices; and, that, if it was not for being thought to go abroad in defiance of the government, he would have done it two years ago; that he was, therefore, willing to wait to go about his business, as before, with leav that he might be the better respected, in the liberty he took to follow it."* 49.17

      Page 402

      King William answered, "That William Penn was his old acquaintance,* 50.1 as well as theirs;—that he might follow his business, as freely as ever; and that he had nothing to say to him."—Upon which they pressed him to command one of them to declare the same to the Secretary of State, Sir John Trenchard; that, if he came to him, or otherwise, he might signify the same to him; which

      Page 403

      the King readily did; and the Lord Sidney, as William Penn's greatest acquaintance, was to tell the Secretary; which being done, the Secretary, after speaking himself, and having orders from the King, appointed William Penn a time to meet him at home; who then (November 30th.) in company with the Marquis of Winchester, told him, "He was as free as ever," adding, "That he doubted not his prudence about his quiet living, so he assured him, he should not be molested, or injured, in any of his affairs, at least, while he held that post."

      Soon after this William Penn lost his beloved wife, Gulielma Maria,* 50.2 who died in the Twelfth-month this year; (1693) with whom he had lived, in all the endearments of that nearest relation, about twenty-one years; her excellent character, and pious exit, are related by himself in his prin|ted works.

      He was reinstated in his government of Pennsyl|vania, by letters patent,* 50.3 dated 20th. day of Au|gust, in the sixth year of the reign of William and Mary;* 50.4 (1694) after which he sent a commission

      Page 404

      to William Markham,* 52.1 constituting him his Lieu|tenant Governor of Pennsylvania and territories, dated Ninth-month 24th. 1694.

      Page 405

      Now for several years successively his beneficent services, and useful actions, divers ways,* 52.2 in his native country, particularly to his own religious society, are represented to have been very conside|rable; in which time he published divers useful treatises, on different subjects; which may be seen in the collection of his writings in print; he was likewise a solicitor to the government, for the relief of his friends the Quakers, in the case of oaths.

      On the fifth of the First-month 1695-6,* 52.3 he con|summated his second marriage, at Bristol, with Han|nah, the daughter of Thomas Callowhill, and grand daughter of Dennis Hollister, an eminent merchant

      Page 406

      of that city.* 52.4 She was said to be a religious young woman, of excellent qualities; with whom he lived during the rest of his life; and had issue by her, four sons and one daughter.

      * 52.5In the Second-month, 1696, his eldest son, by his former wife, named Springett, died at Worm|inghurst, in Sussex, of a consumption, in the twenty-first year of his age; a most hopeful and promising young man; whose character may be seen in his father's writings, together with that of his mother, before mentioned.

      * 52.6After this William Penn paid a religious visit to his friends, the Quakers, in Ireland, accompanied by John Everott and Thomas Story; who were likewise two eminent preachers in that society; and he writ several treatises in vindication of his religious principles, &c. till the year 1699, when he began to make preparation to revisit his pro|vince of Pennsylvania.

      * 52.7William Markham, being by the Proprietary, after is restoration, constituted, or appointed, his Deputy Governor, as before observed, first, under that appointment, met a Council on the 20th. of April, and an Assembly, on the 10th. of September, 1695; which, after they had sat some time, appear to have been unexpectedly dissolved

      Page 407

      by Markham. The form of the writ,* 52.8 for calling that Assembly, was as follows, viz.

      (L. S.) William Markham, Esquire, Governor under William Penn, absolute Pro|prietary of the province of Pennsyl|vania and counties annexed, to Ar|thur Meston, Sheriff of the county of Kent, Greeting:

      WHEREAS, their sacred Majesties,* 53.1 William and Mary, by the grace of God, King and Queen of England, Scotland, France and Ireland, defen|ders of the faith, &c. did, by their letters patent, under the great seal of England, bearing date the one and twentieth day of October, in the fourth year of their reign, for the reasons therein ex|pressed, find it absolutely necessary to take the go|vernment of said province of Pennsylvania into their own hands, and under their immediate care and protection; and, therefore, did constitute and appoint Benjamin Fletcher, Esquire, Captain Ge|neral, and Governor in Chief of their Majesties' province of New-York, to be Captain General, in and over their said Majesties' province of Pennsyl|vania, and country of New-Castle, and all the tracts of land depending thereon in America, thereby commanding and requiring him, the said Benjamin Fletcher, to take the said province of Pennsylvania and country under his government; who accordingly took the same under his govern|ment, by publication of the said letters patent, in the town of Philadelphia, upon the 26th. of April, 1693: And whereas, their sacred Majesties have since been most graciously pleased, by their letters patent, under the great seal of England, bearing date the 20th. day of August, in the sixth year of their reign, for the reasons therein expressed, to restore to the said William Penn, Proprietary of the said province of Pennsylvania and territories, unto the administration of the government thereof:

      Page 408

      And whereas, the said William Penn has been pleased,* 53.2 by his commission, under his hand, and seal of the said province, bearing date the 29th. day of the Ninth-month, 1694, to constitute me Governor, under him, of the said province of Pennsylvania, and counties annexed, strictly charg|ing and commanding me, to govern according to the known laws and usages thereof. I, therefore, by virtue of the said power and authority, derived unto me, command you, that forthwith you sum|mon all the Freemen of your said county, to meet upon the tenth day of April, at the usual place of meeting, then and there, according to law and charter, to chuse three persons, to serve in Provincial Council, one for three years, one for two years, and one other for one year; and six persons to serve as members of Assembly; and upon the election of members of Council, to ac|quaint them to attend me on the 20th. day of April next, at Philadelphia, to form a Provincial Council, to advise with me, in matters relating to the government; whereof they are not to fail; and make return of the names of the said Freemen, so to be chosen, and of this writ, into the Secre|tary's office, for the said province and territories, at and before the said 20th. day of April next;— hereof fail not at your peril; and for your so doing this shall be your sufficient warrant.

      Given under my hand, and seal of the province, this 26 th. day of March, annoque regni re|gis et reginae, Gulielmi et Mariae, nunc An|gliae, &c. septimo, in the fourteenth year of the Proprietary's government, annoque Domi|ni 1695.

      WILLIAM MARKHAM.

      * 53.3After this he called another Assembly, to meet at Philadelphia,* 53.4 on the 26th. of the Eighth-month, 1696. This Assembly chose John Simcock of Chester, for their Speaker; and, in a message to the Go|vernor,

      Page 409

      they observed,* 53.5 that though he had con|vened them, by his writs, not so conformable to their charter, as they could desire,* 53.6 (which was upon Fletcher's plan) yet they had obeyed the same, and considered what he had laid before them, viz. "To answer the late Queen's letter, and the Pro|prietary's promise upon his restoration to the go|vernment;" respecting which they told him, "That they were unanimously ready and willing to per|form their duty therein, so far as in them lay, if the Governor would settle them in their former constitution, enjoyed before the government was committed to Governor Fletcher's trust;" which affairs, with the proceedings of the last Assembly, appear more fully in the following remonstrance, viz.

      To William Markham, Governor under William Penn, Proprietor of the province of Pennsyl|vania, and territories thereunto belonging,

      The remonstrance of the Freemen of the said province and territories, convened in Assem|bly, by virtue of the Governor's writs, at Philadelphia, the 28th. of October, in the eighth year of King William's reign, over En|gland, &c. annoque Domini 1696.

      Humbly sheweth,

      THAT, whereas,* 54.1 the late King Charles the second, by his royal charter, made in the thirty-third year of his reign, under the great seal of England, was pleased to signify, that William Penn, (out of a commendable desire to enlarge the Bri|tish empire, and promote such useful commodities as might be of benefit to the King and his domi|nions, as also to induce the savage nations, by gentle and just manners, to the love of civil soci|ety, and the Christian religion) had humbly sought leave to transport an ample colony into this coun|try;

      Page 410

      wherefore, the said King, favouring the peti|tion, and good purpose of the said William Penn, did,* 54.2 in and by the said charter, for him, his heirs and successors, give and grant unto the said William Penn, his heirs and assigns, all this said country, and tract of land, called Pennsylvania, and con|stituted him, the said William Penn, absolute Pro|prietor thereof, vesting him, and such as were to be adventurers with him, the settlers and inhabi|tants of said province, with divers powers, privi|leges and immunities, under the reservations, pro|visos and restrictions, in the said charter specified; charging all officers, &c. to be, at all times aiding and assisting to the said William Penn, and unto the said inhabitants and merchants of the said pro|vince, in the full use and fruition of the benefits of the said charter.

      In pursuance whereof the said William Penn, and divers substantial persons, who first embarked with him, in that so commendable a design, did soon afterwards (by the advice of learned council) conclude upon a certain frame of government, consistent with the powers of the said patent, but suitable with the religious perswasion of the major part of the undertakers, and well accommodated to all. This model, together with the franchises and immunities expressly granted by the aforesaid letters patent to the people, did induce them to conceive (and, we hope, upon just grounds too) that since the King had been so favourably pleased to incorporate them, and in so great a measure, connected the people's privileges with their pro|perties, that they could not be any more divested of the one, than the other, but by due course of law, and proved more than ordinary motives to incline several hundreds to transport themselves and families into this country, out of divers parts; so that this province hath not been, at first, popu|lated under William Penn's government, with tran|sported

      Page 411

      felons, or criminals, but mostly, the people called Quakers, men of truth and sobriety, having visible estates and credit in the world; who,* 54.3 with no less desires of that freedom, to answer the end of the King's grant, (with respect to propagating the Christian religion) were made willing to leave their native land, part with their friends and near relations, and remove themselves into the wilder|ness, hoping to enjoy their said privileges and li|berties, more than any prospect, they had of worldly advantage, or preferment; and when they arrived here, exposed themselves and tender fami|lies to great hardships, (attending the hazard and inconveniencies of a new plantation) exhausted their estates, and have not been at all chargeable to the crown, in so considerable a settlement, as is well known; but before they could thoroughly come into a comfortable way of living and put themselves into a capacity to pay either their parti|cular, or public debts, this government became (it seems) as the butt of our neighbour's envy; who, misrepresenting things at home, did obtain a commission from the King and Queen, constitu|ting Colonel Fletcher, Commander in Chief over this province and territories; who, during his governancy, diverted the course of our legislative procedure, and introduced another method; and continued the same, until the said King and Queen were favourably pleased, by their letters patent, to restore the said Proprietary to the administration of the government of this province and territories; upon which restoration, the power and authority, which Colonel Fletcher had made use of, to lay aside our charteral rights and privileges, were, by the said patent, determined, and made void.

      Wherefore, the Proprietary thought fit to authorize thee, to act according to the known laws and usages of this government: In pursuance whereof thou wast pleased to issue forth thy writs,

      Page 412

      directed to the respective Sheriffs of this province and territories,* 54.4 commanding them to summon all the Freemen of the respective counties to meet upon the tenth day of the month called April, 1695, in the usual place of meeting, then and there, according to law and charter, to chuse three persons, in each county, to serve in Provincial Council, one for three years, one for two years, and the other for one year; and six persons out of each county, to serve as Members of Assembly. In obedience to which writs elections were made, and a General Assembly began to be held here, on the tenth day of September, 1695:—And, truly, those of us, that attended that service, were glad, when thou so frequently expressed thy readiness to confirm our rights and privileges, adding, That thou wouldest not so much as endeavour to dimi|nish them; which gave further encouragement to the then Representatives; who, with much alacrity, and dutiful acknowledgments of the King's justice and favour, in restoring the said Proprietary to his rights, did proceed to manifest their affections to the King, as well as their readiness to answer his expectations, about supporting this government, so far as, in conscience, they could, according to their ability, and circumstances of affairs; and so agreed to make an assessment of money, upon all estates within this province and country, for the support of government; which, together with the £250 Sterling, thentofore raised, and made payable to Colonel Fletcher, toward the support of this go|vernment, and not expressly appointed for any other particular use, they, the said Representatives, humbly desired might be deemed and taken, instead of the assistance required from this country; the same being in answer to the late Queen's letter, so far as, in conscience and abilities, they could com|ply therewith; and so perfected the bill, ready for thy passing; having joined therewith only one bill, modelled with thy approbation, and corrected ac|cording

      Page 413

      to thy own direction, containing some fun|damental liberties, which we look upon to be as much the people's rights, as the land they hold.* 54.5

      But, instead of giving thy sanction to those bills, thou hast, contrary to the tenor of said writs, and against our legislative rights and privileges, un|dertaken to dissolve both Council and Assembly; which, we understand, was so surprizing and un|expected to the said Representatives, that they had neither time to explain their real intentions, in what they urged and insisted on, or opportunity to see the minutes of their journal perfected; whereby their proceedings might have been more fully and fairly rendered.

      And we are given to understand, and those of us that were concerned in that dissolved Assembly, do declare, That where any thing has been there voted, about proceeding in legislation, without the formality of promulgating bills, according to char|ter, it was chiefly to expedite the passing of the Money-bill, to answer the late Queen's letter, in manner aforsaid, and not intended to be brought into exampe, unless agreed on, to be inserted in the other bill, or New act of settlement. And we also understand, that where mention was then made of any difficulty, or inconvenience, in resuming the charter, it was but in circumstantials, and had re|spect only to the time of meeting, number of mem|bers, and such like, not that we then did, or do now, think that the people had any way forfeited, or lost, the benefit and privileges in those branches thereof, which direct, that this government, ac|cording to the powers of the King's patent, and the late Duke of York's deeds of feoffment, should consist of the Proprietary, Governor and Freemen of the said province and territories, and in form of a Provincial Council and Assembly, chosen by the people; and that the Governor, or his Deputy, should perform no act of state, that relates to the

      Page 414

      justice, trade, treasury, or safety of the province and territories, but by the advice of the said Pro|vincial Council;* 54.6 and such other fundamental parts of the said charter, wherewith we are invested by virtue of the King's letters patent, for restoring, the Proprietary.

      Now, for as much as thou hast refused to pass the said bill, or New Act of Settlement, and not in|clined to the advice of thy assistant, in issuing forth writs, for chusing Members of Council and Assem|bly, on the last charteral day of election, but used thy endeavours to discourage the people then to elect, and hast now convened us, contrary to our former usage, notwithstanding we still hold our|selves concerned to embrace this opportunity, as we are, and shall be, ready, upon all occasions, to express our duty and affection to the King, for his justice and favours to the government, and our well-wishes to thyself, we desire thee to take some speedy course to establish us in our just rights and privileges, whereby we may be in a fit posture ef|fectually to answer and observe the King's com|mand, relating to this government, and the Pro|prietary's engagements, in that behalf, so far as our religious perswasions can admit.

      Signed by order of the House, JOHN SIMCOCKE, Speaker.

      * 54.7It does not appear what particular answer the Governor gave to this remonstrance; but that the Speaker, with the house, waited upon him, at his desire; to whom he delivered a letter, from the late Governor Fletcher, requesting money, for the relief of the Indians at Albany. Upon which, on the 31st. of the Eighth-month, 1696, a committee of the house, being joined by a committee of the Council, in order to answer the Queen's letter, and preserve the people's privileges, agreed in re|commending the following expedient, viz.

      Page 415

      "That the Governor, at the request of the Assembly, would be pleased to pass an act, (of settlement, must be understood) with a salvo to the Proprietary and people; and that he would also issue out his writs, for chusing a full number of representatives, on the 10th. day of the First-month next, to serve in Provincial Council and Assembly, according to the charter, until the Pro|prietary's pleasure be known therein; and that, if the Proprietary shall disapprove the same, then this act shall be void, and no ways prejudicial to him, nor the people, in relation to the va|lidity, or invalidity, of the said charter."—This was unanimously approved by the Assembly. A bill of settlement, and a money bill were there|upon agreed upon, prepared and passed.

      The money bill was for raising three hundred pounds, for the support of government, and re|lieving the distressed Indians, inhabiting above Al|bany, in answer to the Queen's letter; which money, being immediately wanted, was, there|fore, borrowed, until it could be raised by the act, and remitted to Colonel Fletcher, at New-York, to be applied to the use intended.

      The bill of settlement being finished,* 54.8 besides four others, passed by Markham, it thence became the third frame of government; and, being after|wards enforced by some other laws, it continued in force till the year 1701.* 54.9

      In year 1697, Governor Fletcher of New-York,* 54.10 in a letter to Markham, informed him, that the three hundred pounds, sent last year, was expend|ed in contingences, to feed and cloath the Indians, as was desired; and that he requested further assistance. A committee of the Council and Assem|bly,

      Page 416

      to whom the affair was referred,* 54.11 in their re|port, in answer to this letter, expressed their acknowledgments for his, and that government's regard and candour to them, in applying that money to the use intended;—but, as to further supply, at present, they urged the infancy, poverty, and incumbered state of the colony, in excuse for non-compliance;—at the same time, declaring their readiness to observe the King's further commands, according to their, religious perswasions and abi|lities."

      * 54.12From about this time, till the arrival of the Proprietary,* 54.13 in the latter part of the year 1699, the accounts of the public affairs appear defective, or not many of much importance now occur. The province seems, at that time, to have enjoyed a state of great tranquillity and prosperity, when compared with that of other countries; but, it cannot be supposed, without some of those diffi|culties, which always attend the settlement of new colonies, and generally affect some more than others, of those concerned, and, in proportion, cause uneasinesses among them; from which it would be unreasonable, even, to expect an entire exemption, in the state of human affairs; And, as prosperity and success create envy, in malignant

      Page 417

      minds, so we find, in this province, that what|ever was a little amiss, at any time, it was gene|rally exaggerated, and its true state misrepresented,* 54.14 either by those who were natural enemies to its prosperity, or by discontented spirits, within it, both in early time and since: This appears, at least, in part, to have been the cause of depriving the Proprietary of his government, in 1692; and of some part, of the royal requisitions, from such an infant, incumbered, and particularly circum|stanced colony, both in early and later times.

      But however wicked people may endeavour to cover themselves, by mixing among those of re|putation, and the dishonest screen their character, by associating with the honest, yet something of this malignity of mind in some persons out of the province, besides what might, in reality, have been out of order in it, seems, at least, in part, to have administered occasion, for the following proclamation, with some others of the same nature, which were published in the year, 1698.

      By the Governor and Council of the province of Pennsylvania, and counties annexed.
      A PROCLAMATION.

      WHEREAS, our Proprietary hath lately given us to understand of sundry accusations,* 54.15 or complaints, against this government, for conni|ving at illegal trade and harbouring of pirates; as also of the reports, that are gone to England, about the growth of vice and looseness here.

      As to the former, it is evident, that they are the effects of the envy and emulation of those, who, by such unfair and indirect means, would accomplish their designs against this government: For that we are satisfied the generality of the peo|ple, merchants and traders of this province and territories, are innocent and clear of those impu|tations.

      Page 418

      And this country so posited, Philadel|phia is become the road,* 54.16 where sailors and others do frequently pass and repass between Virginia and New England, so that it cannot be avoided, but the bad, as well as the good, will be entertained, in such an intercourse; and since common charity obliges us not to presume any persons guilty (espe|cially of such great enormities) till by some legal probability, they appear so to be; and though we find that the Magistrates and people, in general, are, and have been, ready and, perhaps, more active and conscientious to serve the King and his officers, against all unlawful trade and piracy, when any such offences have, by any means, come to their knowledge, than any of those neighbouring colonies, who have been so querimonious against us, in that behalf; yet, we can do no less than, pursuant to our Proprietary's commands, put all in mind of their respective duties; that there be no just cause for such complaints.

      And, as concerning vice, we also find, that the Magistrates have been careful and diligent to suppress it; but their endeavours have been some|times ineffectual therein; by reason, that the ordi|naries, or drinking houses, especially in Philadel|phia, grow too numerous, and the keepers thereof disorderly, and regardless of the tenor and obli|gations of their licenses, whereby they prove un|grateful to the Governor, and a reproach to the government.

      Therefore, these are strictly to charge and command all Magistrates and officers whatsoever, within the province and territories, as they regard the honour of God, and their allegiance to the King, faithfully to put in execution all the acts, or laws of trade and navigation, and also the laws and statutes extant against piracy, whenever there is any such occasion; and to use their utmost dili|gence and care in preventing, suppressing and

      Page 419

      punishing all vice, disorders and loose living, wheresoever, and in whomsoever it shall appear.* 54.17 And to that end, it is, by the Governor and Coun|cil, ordained, that, from and after the first day of March next ensuing, the Justices of the Peace of each county, in the province and territories, at their respective general, or private sessions, nomi|nate and pitch upon such and so many ordinary keepers, or innholders, within the respective counties, as they shall be well assured will keep orders, and discourage vice: And the Governor is pleased to condescend that he will license those so approved of by the Justices, and will permit no other, to keep taverns, inns, or drinking houses, within this government, than such as shall be so recom|mended, from time to time.

      And we further strictly charge and command all persons, within this government, as they will answer the contrary at their peril, that they give due assistance to the Magistrates and officers afore|said, in putting the said laws in execution, and suppressing vice, that the wrath of God, and the King's displeasure may not be drawn upon this poor country.

      Dated at Philadelphia, the twelfth day of the Twelfth-month, February, being the ninth year of the reign of William the Third, of England, &c. King, anno. Domini 1697.8.

      Signed by order of the Governor and Council, Per PATRICK ROBINSON.

      Page 420

      CHAPTER XIV.

      William Penn, with his wife and family, sail for Pennsylvania.—Extract from his valedictory epis|tle to his Friends in Europe.—Yellow Fever in Pennsylvania.—Thomas Story, Arthur Cooke and Thomas Fitzwater.—Proceedings of the Governor and Assembly against piracy and illicit trade.— The Proprietary's concern for the benefit of the Indians and Negroes, with the measures used.— He meets Assemblies both at Philadelphia and New-castle, &c. and prepares a new charter.—Order of Council, for a watch on the sea-coast, &c.— Money requested of the Assembly for the fortifica|tions on the frontiers of New York.—Assembly's Address to the Proprietary on this occasion.—Ob|servation on the nature of this requisition, &c.— Articles of Agreement between William Penn and the Indians about Susquehanna, &c.—Means pro|vided for the benefit of the Indians.

      * 54.18IN the Sixth-month of the year 1699, William Penn, with his wife and family, took shipping for Pennsylvania;* 54.19 and, on the third day of the next following month, from on board the ship, lying in Cowes' road, near the Isle of Weight, he took his farewell of his Friends, in a valedictory epistle, directed to all the people called Quakers, in Europe.* 54.20

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      He sailed on the ninth of the same month; and was near three months out at sea; so that he did not arrive in Pennsylvania until the beginning of the Tenth-month: when a dangerous and contagious distemper, called the Yellow Fever,* 55.1 having raged in the province, and carried off great numbers of people, had ceased. This remarkable sickness, which, in the latter part of this year, had caused a great mortality in Philadelphia, had, for some time before, been very fatal in some parts of the West India islands.

      Thomas Story,* 55.2 before mentioned to have accom|panied William Penn to Ireland, in the last year, 1698, a man of note and good abilities, and after|wards of much utility, in divers respects, to the province, first arrived in Pennsylvania, in, or about, this same year, 1699, by way of Virginia, on a re|ligious visit to the colonies, in the service of preach|ing the gospel.* 55.3 In his Journal of his Life, speak|ing

      Page 422

      of this sickness, at Philadelphia, where he was then present, he says:— "Great was the Majesty and Hand of the Lord,* 56.1 great was the fear, that fell upon all flesh; I saw no lofty, or airy counte|nance, nor heard any vain jesting, to move men to laughter; nor witty repartee, to raise mirth; nor extravagant feasting, to excite the lusts and desires of the flesh above measure; but every face gathered paleness, and many hearts were humbled, and countenances fallen and sunk, as such that waited, every moment, to be summoned to the bar, and numbered to the grave."

      Page 423

      The Proprietary and his family were received with the universal joy of the inhabitants, in gene|ral; which was the greater,* 56.2 on account of his known intention to fix his residence among them, during the remainder of his life.

      Soon after his arrival he met the Assembly;* 56.3 but it being then a very rigorous season, in the winter, much public business does not appear to have been transacted, at that time, besides attempting to dis|courage piracy and illicit trade; for which princi|pally, at that time, the Proprietary seems to have convened them. He strongly represented the odium,* 56.4 to which he said this government was exposed at home, on this account; and the obligations, which he was under, to his superiors, to correct the same: Hence two laws were passed, for these pur|poses, and measures taken to clear the government from all unjust imputations of this nature.* 56.5

      In the First-month of the year 1700,* 56.6 William Penn, at the monthly-meeting of his Friends,* 56.7 the Quakers, in Philadelphia, laid before them his con|cern, in which, he said, his mind had long been engaged, for the benefit and welfare of the Negroes and Indians; exhorting and pressing them to the full discharge of their duty, every way, in refe|rence to these people; but more especially in re|gard to their mental part; that they might as fre|quently as possible have the advantage of attending religious meetings, and the benefit of being duly informed in the true Christian religion. Hence a meeting was appointed more particularly for the Negroes once every month; and means were used to have more frequent meetings with the Indians; William Penn taking part of the charge upon him|self, particularly, the manner of it, and the pro|curing of interpreters.

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      * 56.8The next Assembly was convened at Philadel|phia, on the 10th. day of the Third-month; which was dissolved in the next month following,* 56.9 and another convened at Newcastle, in October. The and upper counties, or the province, being dissatisfied with the charter, which had been passed by Mark|ham, in 1696, part of the business of these Assem|blies was the consideration and preparation of a new one, better adapted to their minds and cir|cumstances.

      * 56.10The Proprietary had divers meetings with the different Assemblies, during his residence in the province; wherein a great variety of public busi|ness was transacted with much harmony, and ge|neral satisfaction: Part of which was the framing a body of laws, with the aforesaid new and last charter of privileges; the latter of which was not finished till the month of October, in the next fol|lowing year.* 56.11

      Page 425

      In the beginning of the Sixth-month, 1701,* 57.1 the Proprietary acquainted the Assembly,* 57.2 "That the occasion of his calling them, at that time (though it was with reluctance, considering the season) was, to lay before them the King's letter, requiring three hundred and fifty pounds sterling, from this government, towards the fortifications, intended on the frontiers of New-York; and though he might have something else to lay before them, yet he deferred all, till they had considered this point."—

      After considering and debating on the subject of this letter, the Assembly excused themselves, at present, from complying with the said requisition, by the following address to the Proprietary, viz.

      "To William Penn, Proprietary and Governor of Pennsylvania.

      "The humble address of the Assembly.

      "May it please our Proprietary and Governor,

      "WE,* 58.1 the Freemen of the province and terri|tories, in Assembly met, having perused the King's letter, requiring a contribution of three hundred and fifty pounds sterling, towards erecting of forts, on the frontiers of New-York, &c. and having duly weighed and considered our duty and loyalty to our sovereign, do humbly address and represent, that, by the reason of the infancy of this colony, and the great charge and cost, the inhabitants

      Page 426

      have hitherto been at, in the settlement thereof, and because of the late great sums of money, which have been assessed on the province and terri|tories,* 58.2 by way of impost and taxes, besides the arrears of quit-rents, owing by the people, our present capacity will hardly admit of levying of money, at this time. And further, taking into consideration, that the adjacent provinces have hitherto (as far as we can understand) done nothing in this matter; we are, therefore, humbly of opi|nion, and accordingly move, that the further con|sideration of the King's letter may be referred to another meeting of Assembly, or until more emer|gent occasions shall require our further proceedings therein: In the meantime we earnestly desire the Proprietary would candidly represent our condi|tions to the King, and assure him of our readiness (according to our abilities) to acquiesce with, and answer, his commands, so far as our religious per|swasions shall permit, as becomes loyal and faithful subjects so to do."

      Though the Assembly, in this case, appeared not unwilling to contribute to the common defence, if the circumstances of the colony would have per|mitted; and the Proprietary himself particularly further urged a compliance, in this matter, in his speech to the next following Assembly; yet the na|ture of this letter and requisition, to such a young and infant colony, considering the principles, upon which it was primarily planted and founded, seems to indicate,* 58.3 that it was not without enemies, at Court: for the pacific principles and motives, or views, of William Penn, and of the first and early adventurers, in general, under him, in their settling this wilderness, 'tis presumed, could not possibly be less known, at this time, to the admi|nistration at home, than they were before, to the persons in power, when the royal charter was granted by King Charles the second; from which knowledge of them it was impossible that any thing

      Page 427

      immediately, or directly, of a military nature could reasonably be expected in the settlement:—which charter expressly mentions, the motives for the said grant were,* 58.4—"A commendable desire of William Penn to enlarge our English empire, and promote such useful commodities as may be of benefit to us, and our dominions, and also to reduce the savage natives, by gentle and just manners, to the love of civil society, and Christian religion;"—besides a debt, due from the government to his father, ad|miral Penn.

      Such motives as these,* 58.5 and not those of a mili|tary nature, were most certainly the chief induce|ment for the settlement of Pennsylvania, not only in the settlers themselves, together with the peace|able enjoyment of their religion, and civil liber|ties, but also in those, who made the grant;—if they properly knew to whom, and on what prin|ciples they made it; which it would be very absurd to deny:—As for the experiment, or consequence, of the operation of these principles, or motives, in the province, it will, in part, hereafter appear in this history.

      The cultivation of peace and civilization, and of the articles of trade and commerce, in which the Quakers were known to excel,* 58.6 must be ac|knowledged to be no less important and necessary, to render a state happy and prosperous, than wea|pons of war, and fighting of battles; and these people were then, and have since been still more known, from experience, to practise, as well as profess, those ways and means, which excel the latter, so far as the prevention of an evil does the cure of it.

      Moreover, since it is improbable,* 58.7 that people of this kind will ever be very numerous, if we judge of the future by what is past; but that war and its consequences, will be more likely to prevail among the generality of mankind, so long as the cause

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      of it exists in the human race; so the rarity of such people, their innocence, and known great utility, in other respects, seem, according to reason, to render them rather objects of encouragement, in their own way, than of oppression, even, from the military department itself, but more especially so, here peace is preferred to war:—But, if it should be otherwise, and they should so increase, as much to prevail among mankind, then the oc|casion for war would consequently so much de|crease, or be taken away; which would be a hap|py change indeed.

      * 58.8In the Second-month, 1701, Connoodaghtoh, king of the Susquahanna, Minquays or Conestogo Indians; Wopaththa. (alias Opessah) king of the Shawanese; Weewhinjough, chief of the Ganawese, inhabiting of the head of Potomack; also Ahookassongh, bro|ther to the emperor, (or great king of the Onon|dagoes) of the Five Nations, having arrived at Phi|ladelphia, with other Indians of note, &c. in num|ber about forty, after a treaty, and several speeches between them and William Penn, in Council, the following articles of agreement were solemnly made, concluded, and the instrument for the same, duly executed by both parties, viz.

      * 58.9"ARTICLES OF AGREEMENT, indented, made, concluded and agreed upon, at Philadelphia, the 23d. day of the Second-month, called April, 1701, between William Penn, Proprietary and Governor of the Province of Pensilvania, and territories thereunto belonging, on the one part, and Con|noodaghtoh, king of the Indians, inhabiting upon and about, the river Susquahanna, in the said pro|vince, and Widaagh (alias Orettyagh;) Koqueash and Andaggy, Junckquagh, chiefs of the said nations of Indians; and Wopaththa, king, and Lemoytungh and Pemoyajoaagh, chiefs of the nations of the Shawanna Indians; and Ahookassongh, brother to the emperor,

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      for, and in behalf of the emperor; and Weewhin|jough, Chequittayh, Takyewsan & Woapraskoa, chiefs of the nations of the Indians, inhabiting in and about the northern part of the river Potomack, in the said province, for, and in behalf of themselves and suc|cessors, and their several nations and people, on the other part, as followeth:

      "That,* 58.10 as hitherto there hath always been a good understanding and neighbourhood between the said William Penn, and his Lieutenants, since his first arrival in the said province, and the several nations of Indians, inhabiting in and about the same, so there shall be, for ever hereafter, a firm and last|ing peace continued between William Penn, his heirs and successors, and all the English, and other Chris|tian inhabitants of the said province, and the said kings and chiefs, and their successors, and all the several people of the nations of Indians aforesaid; and that they shall, for ever hereafter, be as one head, and one heart, and live in true friendship and amity, as one people.

      "Item, That the said kings and chiefs (each for himself, and his people, engaging) shall, at no time,* 58.11 hurt, injure, or defraud, or suffer to be hurt, injur|ed, or defrauded, by any of their Indians, any inha|bitant, or inhabitants of the said province, either their persons or estates; And that the said William Penn, his heirs and successors, shall not suffer to be done, or committed, by any of the subjects of En|gland, within the said province, any act of hostility, or violence, wrong or injury to, or against any of the said Indians; but shall, on both sides, at all times, readily do justice, and perform all acts and offices of friendship and good-will, to oblige each other to a lasting peace, as aforesaid.

      "Item,* 58.12 That all and every of the said kings and chiefs, and all and every particular of the nations under them, shall, at all times, behave themselves regularly and soberly, according to the laws of

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      this government, while they live near, or among the Christian inhabitants thereof, and that the said Indians shall have the full and free privileges and immunities of all the said laws, as any other in|habitant; they duly owning and acknowledging the authority of the crown of England, and go|vernment of this province.

      * 58.13"Item, That none of the said Indians shall, at any time, be aiding, assisting, or abetting any other nation, whether Indians, or others, that shall not, at such time, be in amity with the crown of Eng|land, and with this government.

      * 58.14"Item, That, if, at any time, any of the said Indians, by means of evil minded persons, and sowers of sedition, should hear any unkind or dis|advantageous reports of the English, as if they had evil designs against any of the said Indians, in such case, such Indians shall send notice thereof, to the said William Penn, his heirs, or successors, or their lieutenants, and shall not give credence to the said reports, till by that means they shall be fully satis|fied concerning the truth thereof; and that the said William Penn, his heirs and successors, or their lieutenants, shall, at all times, in such case, do the like by them.

      * 58.15"Item, That the said kings and chiefs, and their successors, shall not suffer any strange nations of Indians to settle, or plant, on the further side of Susquahanna, or about Potomack river, but such as are there already seated, nor bring any other Indi|ans into any part of this province, without the spe|cial approbation and permission of the said William Penn, his heirs and successors.

      * 58.16"Item, That, for the prevention of abuses, that are too frequently put upon the said Indians, in trade, the said William Penn, his heirs and suc|cessors, shall not suffer, or permit, any person to trade, or converse, with any of the said Indians,

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      but such as shall be first allowed and approved, by an instrument, under the hand and seal of him, the said William Penn, or his heirs, or successors, or their Lieutenants; and that the said Indians shall suffer no person whatsoever to buy or sell, or have commerce with any of them, the said Indians, but such as shall first be approved, as aforesaid.

      "Item, That the said Indians shall not sell, or dispose of, any of their skins, peltry, or furs, or any other effects of their hunting, to any person, or persons whatsoever, out of the said province, nor to any other person, but such as shall be au|thorised, to trade with them, as aforesaid: And, that, for their encouragement, the said William Penn, his heirs and successors, shall take care to have them, the said Indians, duly furnished with all sorts of necessary goods, for their use, at rea|sonable rates.

      "Item, That the Potomack Indians, aforesaid,* 58.17 with their colony, shall have free leave of the said William Penn, to settle upon any part of Potomack river, within the bounds of this province: They strictly observing and practising all, and singular, the articles aforesaid, to them relating.

      "Item, The Indians of Conestogo, upon,* 58.18 and about, the river, Susquahanna, and more especi|ally, the said Connoodaghtoh, their king, doth fully agree to, and by these presents, absolutely ratify the bargain and sale of lands, lying near and about the said river, formerly made to the said William Penn, his heirs and successors; and since, by Orettyagh and Andaggy, Junckquagh, parties to these presents, confirmed to the said William Penn, his heirs and successors, by a deed, bearing date, the 13th. day of September last, under their hands and seals, duly executed. And the said Connoo|daghtoh doth, for himself and his nation, covenant and agree, that he will at all times, be ready fur|ther

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      to confirm, and make good the said sale, ac|cording to the tenor of the same; and that the said Indians of Susquahanna shall answer the said William Penn, his heirs and successors, for the good behaviour and conduct of the said Potomack Indians; and for their performing the several arti|cles herein expressed.

      * 58.19"Item, The said William Penn doth hereby pro|mise, for himself, his heirs and successors, that he and they will, at all times, shew themselves true friends and brothers to all, and every of the said Indians, by assisting them with the best of their advices, directions and counsels, and will, in all things, just and reasonable, befriend them; they behaving themselves, as aforesaid, and sub|mitting to the laws of this province, in all things, as the English, and other Christians therein, do;— To which they, the said Indians, hereby agree and oblige themselves, and their posterity for ever.

      * 58.20"In witness whereof, the said parties have, as a confirmation, made mutual presents to each other; the Indians, in five parcels of skins, and the said William Penn, in several English goods and mer|chandizes, as a binding pledge of the premises, never to be broken or violated;—And, as a fur|ther testimony thereof, have also to these presents set their hands and seals, the day and year above written."

      * 58.21After this, in the Third-month, the Proprietary having represented to the Council, the great abuses, committed in the Indian trade, with the dangers and disadvantages, which might arise from thence to the province, and having proposed, that proper measures should be concerted, for the regulation thereof, and for redressing certain grievances, re|specting the same,* 58.22 it was Resolved, as absolutely necessary, that some effectual method should be agreed on and used for carrying on the trade by a

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      certain number, or company, of persons, with a joint stock, under certain regulations and restric|tions, more particularly in regard to spirituous li|quors sold them; which company should use all reasonable means and endeavours to induce the Indians to a true sense of a proper value and esteem of the Christian religion, by setting before them good examples of probity and candour, both in commerce and behaviour; and that care should be taken to have them duly instructed in the fun|damentals of Christianity:—This appears after|wards to have been, in a good degree, put in execution, so far as was judged requisite, or found practicable.

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      CHAPTER XV.

      The Proprietor's administration, though attended with difficulties, was distinguished with great pa|ternal care, and happy consequences.—Reasons for his return to England.—Names of the members of Assembly, in 1701.—The Proprietary's speech to the Assembly, with their answer.—Further proceedings between them.—The Proprietary takes leave of the Indians, and gives them good advice.—Disa|greement between the province and territories re|vives again.—The Proprietary endeavours to recon|cile them.—His letter to the Assembly, urging their agreement, &c.—The last charter of Pennsyl|vania, &c.—Charter of the Council, &c.—The Proprietary also grants a charter to the city of Philadelphia,—Its purport.—Andrew Hamilton of New-Jersey being constituted Deputy Governor, and James Logan Secretary of the province.—The Proprietary sails for England.

      * 58.23IT was thought, from some circumstances, that the Proprietary's real intention,* 58.24 at this time, was to spend the remainder of his life, in his province, as himself declared, and that without being obliged to cross the ocean any more; he accordingly ap|plied himself with much diligence and assiduity to the offices of government, and the establishment of wholesome regulations and usages; in which the inevitable difficulties, arising from the various dispo|sitions,* 58.25 and opposite interests and claims of such a mixture of different kinds of people and humours,

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      as the colony consisted of, and in so much liberty as they enjoyed, afforded him much trial of skill and patience: yet his administration was distinguished by great paternal care and influence, as well as pro|vident circumspection; and both the province and territories, notwithstanding the difficulties, hard|ships, and inevitable disappointments, which, more or less, always attend the settlement and well or|dering of any new country, appear to have so much tried the patience of some of the people, as to occasion him more trouble, in some respects, than otherwise probably would have been necessary, were, in reality, when compared with other places of similar age and circumstances, in an easy, flou|rishing and happy condition.

      But, during this time of his absence from En|gland,* 58.26 it appears that measures were in agitation there, for reducing both his, and the other pro|prietary governments, in America, into regal ones, under pretence of advancing the prerogative of the crown, and the national advantage;* 58.27 and a bill, for that purpose, was actually brought into the House of Lords: Upon which, such of the owners of land in Pennsylvania, as were then in

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      England, immediately represented the hardship of their case to the Parliament, soliciting time for William Penn's return, to answer for himself; and accordingly they dispatched to him an account of the state of the affair, and pressed his return, as soon as possible; with which he found it indispen|sably necessary to comply.* 58.28 This first occasioned his summoning of that Assembly, which agreed to the charter of privileges before mentioned; to whom, on the 16th. of September, 1701, he made the following speech,* 58.29 viz.

      Friends,

      * 59.1YOU cannot be more concerned, than I am, at the frequency of your service, in Assembly, since I am very sensible of the trouble and charge, it contracts upon the country: But the motives being considered, and that you must have met, of course, in the next month, I hope you will not think it an hardship now.

      The reason, that hastens your sessions, is the necessity, I am under, through the endeavours of the enemies of the prosperity of this country, to go for England, where, taking advantage of my absence, some have attempted, by false, or un|reasonable charges, to undermine our government, and thereby the true value of our labours and pro|sperity. Government having been our first en|couragement, I confess, I cannot think of such a

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      voyage without great reluctancy of mind, having promised myself the quietness of a wilderness, and that I might stay so long, at least, with you,* 59.2 as to render every body entirely easy and safe. For my heart is among you, as well as my body, whatever some people may please to think: and no unkind|ness, or disappointment shall (with submission to God's Providence) ever be able to alter my love to the country, and resolution to return, and settle my family and posterity in it: But having reason to believe, I can, at this time, best serve you and myself, on that side of the water, neither the rude|ness of the season, nor tender circumstances of my family can over-rule my inclinations to undertake it.

      Think, therefore, (since all men are mortal) of some suitable expedient and provision, for your safety, as well in your privileges, as property, and you will find me ready to comply with whatsoever may render us happy, by a nearer union of our interests.

      Review again your laws; propose new ones, that may better your circumstances; and what you do, do it quickly, remembering that the Parlia|ment sits the end of next month; and that the sooner I am there, the safer, I hope, we shall be here.

      I must recommend to your serious thoughts and care the King's letter to me, for the assistance of New-York,* 59.3 with three hundred and fifty pounds sterling, as a frontier government; and therefore exposed to a much greater expence, in proportion to other colonies; which I called the last Assembly to take into their consideration, and they were pleased, for the reasons then given, to refer to this.

      I am also to tell you the good news of the Governor of New-York's happy issue of his con|ferences with the five nations of Indians; that he hath not only made peace with them, for the King's

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      subjects of that colony; but (as I had by some letters before desired him) for those of all other governments,* 59.4 under the crown of England, on the continent of America, as also the nations of Indians, within these respective colonies; which certainly merits our acknowledgments.

      I have done, when I have told you, that unanimity and dispatch are the life of business, and that I desire and expect from you, for your own sakes; since it may so much contribute to the dis|appointment of those, that too long have sought the ruin of our young country.

      To this speech the Assembly replied in the fol|lowing address.

      May it please the Proprietary and Governor,

      * 60.1WE have, this day, in our Assembly, read thy speech, delivered yesterday, in Council; and, having duly considered the same, cannot but be under a deep sense of sorrow, for thy purpose of so speedily leaving us, and at the same time, tak|ing notice of thy paternal regard to us, and our posterity, the Freeholders of this province and territories annexed, in thy loving and kind ex|pressions of being ready to comply with whatsoever expedient and provisions shall offer, for our safety, as well in privileges as property, and what else may render us happy, in a nearer union of inte|rests; not doubting the performance of what thou hast been so lovingly pleased to promise, we do, in much humility, and, as a token of our grati|tude, return unto thee, the unfeigned thanks of this house.

      Subscribed by order of the house, JOSEPH GROWDON, Speaker.

      After this the Assembly presented to him ano|ther address, consisting of twenty-one articles. It respected his successor, in the government, and

      Page 439

      the confirmation of certain privileges, therein spe|cified. To every one of which he made a special answer. The first of these articles, so far as re|garded a proper person to succeed him, as Deputy, being particularly insisted on, he condesended so much as to make them an offer, to nominate a substitute themselves! From which, acknowledg|ing the favor offered them, they modestly excused themselves; declaring they did not think them|selves qualified for the choice, and desired to leave it to the Governor's pleasure. The rest of the petition of this address (which,* 60.2 with the Gover|nor's answer, may be seen in the appendix No. 5) so far as the Proprietary thought proper to com|ply with it, was either afterwards granted, in the two charters of the province and city, then in agitation, or otherwise mutually agreed, to gene|ral satisfaction; though in some parts of it, the Assembly had meddled with his property, in such a particular manner, as, he declares, was not pro|perly cognizable by them, in that capacity.* 60.3

      The Sachems of the Susquahanna and Shawanna Indians, and others of that people,* 60.4 being come to Philadelphia, to take leave of the Proprietary, on

      Page 440

      the 7th. of the Eighth-month, he spoke to them in Council,* 60.5* 60.6 and told them, "That the Assembly was then enacting a law, according to their desire, to prevent their being abused by selling of rum among them; that he requested them to unite all their endeavours, and their utmost exertion, in conjunction with those of the government, to put the said law in execution.

      At the same time he likewise informed them, "That now,* 60.7 this was like to be his last interview with them, at least before his return;—That he had always loved and been kind to them; and ever should continue so to be, not through any politic design, or, on account of self interest, but from a most real affection:"—"And he desired them, in his absence, to cultivate friendship with those, whom he should leave behind in authority; as they would always, in some degree, continue to be so to them, as himself had ever been;—Lastly, That he had charged the members of Council, and then also renewed the same charge, that they should, in all respects, be kind to them, and entertain them with all courtesy and demonstrations of good-will, as himself had ever done: which the said members promised faithfully to observe;—then, after mak|ing them some presents, they withdrew."

      * 60.8But during these transactions, and while the charter of privileges was under consideration and preparing, the disagreement, which had before ap|peared, between the members of Assembly for the the province and those for the territories, began again to exhibit itself, and grow worse, tending to an open rupture. The territory men were said to have been for obtaining some exclusive powers, or rights, particular to themselves, which, being

      Page 441

      thought unreasonable, could not, therefore, be granted them; and not being able to carry their point, on the 10th. instant,* 60.9 the members for the territories abruptly left the House; declaring their intention of returning to their respective homes. But, on the 14th. most of them appeared before the Proprietary, in Council, remonstrating against some proceedings of the Assembly, on the 10th. instant, which, they declared, were, in their con|sequences, highly injurious and destructive to the privileges of the lower counties, and which, consis|tent with their duty to their constituents, they ap|prehended, they could not sit there, to see carried on; and, therefore, they informed the Governor, they thought it best for them to depart to their re|spective habitations:—

      The Proprietary further enquired into the affair and both heard and answered all their reasons and objections; and then told them, "That he took this their conduct very unkind, even to himself in particular."

      Upon which Jasper Yeates, in behalf of the rest, endeavoured to excuse, or further explain, their behaviour, in this action, by declaring their great affection and regard for the Proprietary, but, that they must be true to those, whom they repre|sented.—

      At another meeting of the Proprietary and Mem|bers of Council, on the same day, the Assembly being sent for, both those for the province, and the secluding members appeared;

      The Proprietary told them, "That his time being short, he must come briefly to the point; that it was no small wound to him, to think, that at the earnest desire of the lower counties, as well as the good-will of the upper, he had engaged in an un|dertaking, which cost him, at least, two or three thousand pounds, to unite them, and yet, that they should now endanger that union, and divide, after

      Page 442

      they had been recognized as one, not only by the King's commission to Governor Fletcher, but also by his letters patent,* 60.10 for his own restoration, and the King's several letters:—he, therefore, would not have any thing resolved on, but what was consider|ate and weighty, lest it should look as unkind, and now, at his departure, carry a very ill report of them to England."

      The territory members objected, that they were great sufferers by that act of union, however it was, at first, intended; and could not support the burden of the charge.

      The Proprietary replied, "They were free to break off, and might act distinctly by themselves;" at which they seemed pleased, and expressed their satisfaction; "But then," continued the Proprietary, "it must be upon amicable terms, and a good un|derstanding;—That they must first resolve to settle the laws;—and that, as the interest of the province, and that of those lower counties would be insepara|bly the same, they should both use a conduct con|sistent with that relation," &c.

      * 60.11They appear to have remained obstinate, by the following letter of the Proprietary, written the next day, and directed to the Speaker, to be com|municated to the whole House, viz.

      Friends,

      * 61.1YOUR union is what I desire; but your peace and accommodating one another, is what I must expect from you: The reputation of it is something; the reality much more. And I desire you to re|member and observe what I say: Yield in circum|stantials, to preserve essentials; and, being safe in one another, you will always be so in esteem with me. Make me not sad, now I am going to leave you; since it is for you, as well as for,

      Your Friend and Proprietary and Governor, WILLIAM PENN.

      October 15th. 1701.

      Page 443

      Hence the Proprietary's influence and authority, though with difficulty, appear to have prevailed on them, to a present accommodation,* 61.2 with the pro|vision, in the following charter, for a conditional separation, if they chose it, within the space of three years.

      In May, 1700,* 61.3 the former charter having been surrendered into the hands of the Proprietary and Governor, by six parts in seven of the Assembly, on the 28th. day of October, 1701, just before his departure, the Council, the Assembly of the province, and several of the principal inhabitants of Philadelphia attending, he presented them with their last charter of privileges, which is as fol|lows, viz.

      THE CHARTER OF PRIVILEGES,* 62.1 Granted by William Penn, Esquire, to the inha|bitants of Pennsylvania and territories.

      William Penn, Proprietary and Governor of the province of Pennsylvania, and territories there|unto belonging, to all, to whom these pre|sents shall come, sendeth Greeting:

      WHEREAS, King Charles the second,* 62.2 by his letters patent, under the great seal of England, bearing date, the fourth day of March, in the year one thousand six hundred and eighty, was graciously pleased to give and grant unto me, and my heirs and assigns for ever, this province of Penn|sylvania, with divers great powers and jurisdictions, for the well government thereof.

      And whereas, the King's dearest brother, James, Duke of York and Albany, &c. by his deeds of feoffment,* 62.3 under his hand and seal, duly perfected, bearing date, the 24th. day of August, one thousand six hundred, eighty and two, did grant unto me, my heirs and assigns, all that tract of land, now called the territories of Pennsylvania,

      Page 444

      together with powers and jurisdictions, for the good government thereof.

      * 62.4And whereas, for the encouragement of all the freemen and planters, that might be concerned in the said province and territories, and for the good government thereof, I, the said William Penn, in the year one thousand, six hundred and eighty and three, for me, my heirs and assigns, did grant and confirm unto all the freemen, planters and adventurers therein, divers liberties, franchises and properties, as, by the said grant, entitled, "The frame of the government of the province of Pennsyl|vania and territories thereunto belonging, in America," may appear; which charter, or frame, being found, in some parts of it, not so suitable to the present circumstances of the inhabitants, was, in the Third-month, in the year one thousand seven hundred, delivered up to me, by six parts of seven of the freemen of this province and territories, in Gene|ral Assembly met, provision being made in the said charter for that end and purpose.

      And whereas, I was then pleased to promise, that I would restore the said charter to them again, with necessary alterations, or, in lieu thereof, give them another, better adapted to answer the present circumstances and conditions of the said inhabi|tants; which they have now, by the Representatives, in General Assembly met, at Philadelphia, re|quested me to grant.

      KNOW YE THEREFORE, That, for the further well-being, and good government of the said province and territories; and in pursuance of the rights and powers, before mentioned, I, the said William Penn, do declare, grant and confirm unto all the freemen, planters and adventurers, and other inhabitants of, and in, the said Province and Territories thereunto annexed, forever.

      I. BECAUSE no people can be truly hap|py, though under the greatest enjoyment of civil

      Page 445

      liberties, if abridged of the freedom of their con|sciences, as to religious profession and worship; And Almighty God being the only Lord of con|science,* 62.5 Father of lights and spirits; and the Au|thor, as well as Object, of all divine knowledge, faith and worship, who only doth enlighten the mind, and purswade and convince the understand|ings of people, I do hereby grant and declare, that no person, or persons, inhabiting this province or territories, who shall confess and acknowledge one Almighty God, the Creator, Upholder, and Ruler of the world; and profess him, or them|selves obliged to live quietly under the civil govern|ment, shall be, in any case, molested, or prejudi|ced, in his or their person, or estate, because of his or their conscientious perswasion, or practice, nor be compelled, to frequent, or maintain, any religious worship, place or ministry, contrary to his, or their mind, or to do or suffer, any other act, or thing, contrary to their religious perswa|sion.

      And, that all persons,* 62.6 who also profess to be|lieve in Jesus Christ, the Saviour of the world, shall be capable (notwithstanding their other perswa|sions, or practices, in point of conscience and re|ligion) to serve this government in any capacity, both legislatively and executively, he, or they so|lemnly promising, when lawfully required, allegi|ance to the King, as sovereign, and fidelity to the Proprietary and Governor, and taking the attests, as now established by law, made at Newcastle, in the year one thousand seven hundred, entitled,* 62.7 "An act directing the attests of several officers and ministers, as now amended and confirmed this pre|sent Assembly.

      II. For the well-governing of this province and territories, there shall be an Assembly,* 62.8 yearly chosen, by the freemen thereof, to consist of four persons out of each county, of most note for vir|tue,

      Page 446

      wisdom and ability, (or of a greater number, at any time, as the Governor and Assembly shall agree) upon the first day of October, for ever; and shall sit on the fourteenth of the same month at Philadelphia, unless the Governor and Council, for the time being, shall see cause to appoint ano|ther place, within the said province or territories: which Assembly shall have power to chuse a Speak|er,* 62.9 and other their officers; and shall be judges of the qualifications and elections of their own members; sit upon their own adjournments, ap|point committees; propose bills, in order to pass into laws; impeach criminals and redress griev|ances; and shall have all other powers and privi|leges of an Assembly, according to the rights of the freeborn subjects of England, and as is usual in any of the King's plantations in America.

      And if any county, or counties, shall refuse, or neglect, to chuse their respective representatives, as aforesaid, or if chosen, do not meet to serve in Assembly,* 62.10 those, who are so chosen and met, shall have the full power of an Assembly, in as ample a manner as if all the Representatives had been chosen and met, provided they are not less than two-thirds of the whole number, that ought to meet.

      * 62.11And, that the qualifications of electors and elec|ted, and all other matters and things relating to elections of Representatives, to serve in Assemblies, though not herein particularly expressed, shall be and remain, as by a law of this government, made at Newcastle,* 62.12 in the year one thousand seven hun|dred, entitled, "An act to ascertain the number of members of Assembly, and to regulate the elections."

      III. That the freemen in each respective coun|ty, at the time and place of meeting, for electing their representatives, to serve in Assembly, may, so often as there shall be occasion, chuse a double number of persons, to present to the Governor,

      Page 447

      for sheriffs and coroners, to serve for three years if they so long behave themselves well,* 62.13 out of which elections and presentments the Governor shall no|minate and commissionate one for each of the said offices, the third after such presentment, or else the first named in such presentment, for each of|fice, as aforesaid, shall stand and serve in that office, for the time before respectively limited: In case of death and default, such vacancies shall be supplied by the Governor, to serve to the end of the said term.

      Provided always, That, if the said freemen shall, at any time neglect, or decline to chuse a person, or persons, for either, or both the afore|said offices, then, and in such case, the persons, that are, or shall be, in the respective offices of Sheriffs, or Coroners, at the time of election, shall remain therein, until they shall be removed by another election, as aforesaid.

      And,* 62.14 that the Justices of the respective coun|ties shall, or may, nominate, or present, to the Governor, three persons, to serve for Clerk of the Peace for the said county, when there is a va|cancy; one of which the Governor shall commis|sionate within ten days after such presentment, or else the first nominated shall serve in the said office, during good behaviour.

      IV. That the laws of this government shall be in this stile, viz. By the Governor,* 62.15 with the con|sent and approbation of the Freemen in General Assem|bly met, and shall be, after confirmation by the Governor, forthwith recorded in the Rolls-office, and kept at Philadelphia; unless the Governor and Assembly shall agree to appoint another place.

      V. That all criminals shall have the same pri|vileges of witnesses and council,* 62.16 as their prose|cutors.

      VI. That no person, or persons, shall, or may, at any time hereafter, be obliged to answer

      Page 448

      any complaint, matter, or thing, whatsoever, re|lating to property, before the Governor and Coun|cil,* 62.17 or in any other place, but in the ordinary courts of justice, unless appeals thereunto shall be hereafter, by law appointed.

      VII. That no person within this government shall be licensed by the Governer, to keep ordinary, tavern,* 62.18 or house of public entertainment, but such, who are first recommended to him, under the hands of the justices of the respective counties, signed in open court; which justices are, and shall be, hereby empowered to suppress and forbid any per|son keeping such public house, as aforesaid, upon their misbehaviour, on such penalties, as the law doth, or shall, direct; and to recommend others, from time to time, as they shall see occasion.

      * 62.19VIII. If any person, through temptation, or melancholy, shall destroy himself, his estate, real and personal, shall, notwithstanding, descend to his wife and children, or relations, as if he had died a natural death; and if any person shall be destroyed or killed by casualty, or accident, there shall be no forfeiture to the Governor by reason thereof.

      And no act, law or ordinance whatsoever shall, at any time hereafter, be made, or done, to alter, change, or diminish the form, or effect of this charter, or of any part, or clause, therein, contrary to the true intent, and meaning thereof, without the consent of the Governor, for the time being, and six parts of seven of the Assembly met.

      * 62.20And, because the happiness of mankind de|pends so much upon the enjoying of liberty of their consciences, as aforesaid, I do hereby solemnly de|clare, promise and grant, for me, my heirs and assigns, that the first article of this charter, relating to liberty of conscience, and every part and clause therein, according to the true intent and meaning

      Page 449

      thereof, shall be kept, and remain, without any alteration, inviolably for ever.

      And, lastly, I, the said William Penn,* 62.21 Pro|prietary and Governor of the province of Penn|sylvania, and territories thereunto belonging, for myself, my heirs and assigns, have solemnly de|clared, granted and confirmed, and do hereby solemnly declare, grant and confirm, that neither I, my heirs or assigns, shall procure, or do, any thing, or things, whereby the liberties, in this charter contained and expressed, nor any part thereof, shall be infringed, or broken: And if any thing shall be procured, or done, by any per|son, or persons, contrary to these presents, it shall be held of no force, or effect.

      In witness whereof, I, the said William Penn,* 62.22 of Philadelphia, in Pennsylvania, have unto this charter of liberties set my hand and broad seal, this twenty-eighth day of October, in the year of our Lord one thousand seven hundred and one, being the thirteenth year of the reign of King William the third, over England, Scotland, France and Ire|land, &c. and the twenty-first year of my govern|ment.

      And, notwithstanding the closure and test of this present charter, as aforesaid,* 62.23 I think fit to add this following proviso thereunto, as part of the same, that is to say▪ That, notwithstanding any clause, or clauses, in the above mentioned charter, obliging the province and territories to join toge|ther in legislation, I am content, and do hereby declare, that if the Representatives of the province and territories shall not hereafter agree to join toge|ther in legislation, and that the same shall be signi|fied to me, or my Deputy, in open Assembly, or otherwise from under the hands and seals of the Representatives, for the time being, of the pro|vince and territories, or the major part of either

      Page 450

      of them, at any time, within three years from the date hereof, that, in such case, the inhabitants of each of the three counties of this province shall not have less than eight persons to represent them in Assembly, for the province; and the inhabitants of the town of Philadelphia (when the said town is incorporated) two persons, to represent them in Assembly; and the inhabitants of each county in the territories shall have as many persons to repre|sent them, in a distinct Assembly, for the territories, as shall be by them, requested, as aforesaid.

      * 62.24Notwithstanding which separation of the pro|vince and territories, in respect of legislation, I do hereby promise, grant and declare, that the inhabitants of both province and territories shall separately enjoy all other liberties, privileges and benefits granted jointly to them, in this charter, any law, usage, or custom of this government heretofore made and practised, or any law made and passed by the General Assembly to the contrary hereof notwithstanding.

      WILLIAM PENN.

      This charter of privileges being distinctly read in Assembly, and the whole, and every part thereof, being approved of, and agreed to, by us, We do thankfully receive the same from our Pro|prietary and Governor at Philadelphia, this twenty-eighth day of October, one thousand seven hun|dred and one, 1701.

      Signed on behalf, and by order, of the Assembly, per

      • JOSEPH GROWDON, Speaker.
      • Edward Shippen, Proprietary and Governor's Council.
      • Phineas Pemberton, Proprietary and Governor's Council.
      • Samuel Carpenter, Proprietary and Governor's Council.
      • Griffith Owen, Proprietary and Governor's Council.
      • Caleb Pusey, Proprietary and Governor's Council.
      • Thomas Story, Proprietary and Governor's Council.

      Page 451

      The Proprietary likewise, by letters patent, un|der the great seal,* 62.25 bearing even date with this char|ter, established a Council of state for the province and territories, "To consult, and assist the Proprie|tary himself, or his Lieutenants, or Deputies, with the best of their advice and counsel, in public affairs and matters relating to the government, and to the peace, well-being and safety of the people thereof: and, in the absence of the Proprietary, or upon the Lieute|nant's death, or incapacity, to exercise all, and sin|gular, the powers of government," &c.* 62.26

      Moreover before the Proprietary left the coun|try, he favoured the town of Philadelphia, then become very considerable, and in a flourishing

      Page 452

      condition, with a particular memorial of his bene|volence, by granting the inhabitants thereof, like|wise a charter of privileges,* 63.1* 63.2 for its particular re|gulation, good-order, government and police.

      And, having constituted Andrew Hamilton, Esq one of the Proprietors of East New Jersey, and some time Governor of both East and West New Jersey,* 63.3 his Deputy Governor, he sailed for En|gland; James Logan being, by commission, ap|pointed Secretary of the province, and Clerk of the Council of the same.† 63.4

      Page 453

      CHAPTER XVI.

      Cause of the Proprietary's return removed.—King William dies, and is succeeded by Queen Anne.— William Penn in favour at court.—Governor Ha|milton's administration and death.—Province and territories irreconcilable.—They agree to a separa|tion, in legislation; Edward Shippen, President of the Council.—Resolve of the Provincial Assembly after separation.—Declaration and Test, signed by the members, &c.—John Evans arrives Depu|ty Governor, and endeavours to re-unite the pro|vince and territories in legislation, but in vain. The Governor displeased with the Assembly of the province.—David Lloyd.—Governor's proclama|tion for raising a militia.—He meets the Assembly of the territories at Newcastle.—The Provincial Assembly remonstrate to the Proprietary.—They re|fuse the Governor, &c. a copy of their remon|strance.—Part of the Governor's speech, in 1705, respecting the effect of this proceeding.—A very different Assembly elected, and more harmony suc|ceeds.—Names of the members of this Assembly.— Thomas Chalkley's visit to the Indians at Connes|togo, with a memorial of him.—A singular act of Assembly in Connecticut, repealed by the crown, &c. Pennsylvania particularly affected in times of war, and subject to misrepresentations, on account of the Quakers' principles against war; which now existed between England and France and Spain.

      WILLIAM PENN arrived at Portsmouth,* 63.5 about the middle of December. But after his return to England, the bill, before mentioned, for reducing the proprietary governments, into regal

      Page 454

      ones, which, through the solicitations of his friends, had been postponed, the last session of Parliament, was entirely dropt,* 63.6 and no further progress made in that affair. Soon after this, or, on the 18th. of the First-month, 1701-2, King William died; and the Princess Anne, of Denmark, succeeding to the throne, commenced her reign with moderation and clemency.

      * 63.7William Penn, being in the Queen's favour, was often at court; and for his conveniency, on that account, he took lodgings at Kensington; where, at his leisure hours, he writ several useful and ex|cellent treatises, on divers subjects; for the instruc|tion and benefit of posterity; which may be seen in his works.

      * 63.8Governor Hamilton's administration, in Pennsyl|vania, after the Proprietary's departure, continued only till the Twelfth-month in the next following year, 1702, when he died: The principal part of which was taken up in endeavouring an union be|tween the province and territories, in legislation; respecting which the Proprietary, by his presence and authority, had prevailed on them to a present compliance: For they had not yet accepted the new charter; and they had three years allowed them to signify their refusal. For this purpose Hamilton laboured much with them, and used many arguments to induce them to unite, but without success. Upon his death the government devolved on the Council, Edward Shippen being President.

      * 63.9During this time of dispute, or endeavours, for an union between the Representatives of the pro|vince and territories, not much other public busi|ness of importance appears to have been transacted in the affairs of the government. The latter per|sisted in an absolute refusal to join with the former, in legislation, till it was finally, in the year 1703, agreed and settled between them, that they should compose different and distinct Assemblies, entirely

      Page 455

      independent on each other; pursuant to the liberty, allowed by a clause in the charter, for that pur|pose; which clause was said to have been there in|serted by the particular and special means of the Representatives of the territories, with previous full intention of the separation, which ensued; and in this capacity they have ever acted since that time.

      The province now, by charter,* 63.10 also claimed a separate Representative of its own, consisting of eight members, for each of the three counties, and two, for the city of Philadelphia; which members, being, in October 1703, convened and duly qualified, according to law, their first Reso|lution was in the following words—* 63.11

      Page 456

      "Resolved, That the Representatives, or Dele|gates,* 64.2 of the freeholders of this Province, accord|ing to the powers granted by the Proprietary and Governor, by his Charter, dated the twenty-eighth day of October, anno Domini 1701, may meet in Assembly, on the 14th. day of October yearly, at Philadelphia, or elsewhere, as shall be appointed by the Governor and Council, for the time being; and so continue, on their own adjournments, from time to time, during the year of their service, as they shall find occasion, or think fit, for prepar|ing bills, debating thereon, and voting, in order to their being passed into laws; appointing commit|tees, redressing of grievances, and impeaching of criminals, as they shall see meet, in as ample a manner, as any of the assemblies of this province and territories have hitherto, at any time done, or might legally do, as effectually, to all intents and purposes, as any of the neighbouring governments, under the crown of England, have power to do, according to the rights and privileges of the free|born

      Page 457

      subjects of England, as near as may be,* 64.3 re|specting the infancy of the government, and the capacities of the people: And that the said Assem|bly, as often as the Governor, for the time being, shall require, attend on him, in order to legislati|on; and to answer all other just ends of assemblies, in any emergencies, or reasons of state; but shall not be subject, at any time, to be by him adjourn|ed, prorogued, or dissolved."

      After this,* 64.4 when the President and Council pro|posed to confer with the Assembly about a proper time to meet again, the latter assumed the power of adjourning wholly to themselves; and upon the President and Council's objecting against this extent of the Assembly's claim of sitting wholly upon their own adjournments, &c. they immediately adjourn|ed themselves to the 1st. day of the Third-month next, without giving the Council any further time to confer with them about it.

      Such was the state of things when John Evans who was appointed Deputy Governor by the Pro|prietor, with the Queen's royal approbation,* 64.5 on the death of Andrew Hamilton,* 64.6 arrived in the pro|vince, in the Twelfth-month, 1703; who, having first augmented the number of the Members of Council,* 64.7 in the Second-month (April) 1704, con|vened

      Page 458

      the Representatives both of the province and territories,* 64.8 at the same time and place, in the Council Chamber in Philadelphia.

      Governor Evans, notwithstanding the steps which had been taken, and the agreement made between the province and territories, before his arrival, re|specting their future acting in a separate capa|city, and independent of each other, in legisla|tion, according to the provision made for the same by charter, renewed the attempt for uniting them; and his first speech to the Representatives of both places, was chiefly calculated to endeavour a re|union; and it consisted of such arguments and in|sinuations as appeared to him most cogent, and likely to bring about a coalition, so necessary for their mutual benefit.

      * 64.9To this the members of the territories, who be|fore appeared to have principally occasioned the division, now seemed willing to accede, to accept the charter on conditions, and to unite with the members of the province,* 64.10 in legislation; but the latter, who had so long been hampered with the re|fractory behaviour of the former, now, in their turn, absolutely refused to be connected with them; and adhered to their prior agreement for a sepa|ration.* 64.11

      * 64.12Thus all negociation on this head came to an end; and the Assembly of the province incurred the Governor's displeasure, by refusing to comply with his recommendation; which, with the dis|putes, that afterwards arose between them, on three bills proposed by the Assembly, one to con|firm the great charter of privileges of the province, another to confirm that of the city of Philadelphia,

      Page 459

      and a bill of property; which the Governor refused to pass, without such amendments as the Assembly would not agree to; and they being likewise dis|gusted at some expressions of one of the council,* 64.13 respecting their proceedings, occasioned such mis|understanding between the Governor and the House, that, in consequence thereof, but little of moment appears to have been transacted, in the public affairs of the government, during the sit|tings of this, and the next succeeding Assembly;* 64.14 at the head of both which appeared David Lloyd,* 64.15 as Speaker.

      In the latter part of the year 1704,* 64.16 Governor Evans met the Assembly of the lower counties, at Newcastle; which was the first Assembly, that had acted there in legislation, independent of the pro|vince, after the Proprietary's departure, prior to which he published a proclamation,* 64.17 to raise a mili|tia, among such, whose religious perswasion was not against bearing of arms; it being in the time of the war between England, and France and Spain.† 64.18

      Page 460

      But, from what had already passed between the Governor, and the Assembly of the province, the latter fell into such an ill humour,* 65.1 that in the Sixth-month, 1704, they privately drew up a represen|tation, or remonstrance, in a letter to the Proprie|tary; which was said to be filled with complaints, highly reflecting, even, on the Proprietary himself, as well as the Deputy Governor, Evans, and the Secretary, James Logan.

      * 65.2Some time after, when the Governor heard of this, he, by a written message to the House, re|quired a copy of it; which was likewise done by a formal petition from seven persons; who were all, either of the Governor's Council, or otherwise of the principal inhabitants, and Quakers, viz. Ed|ward Shippen, Thomas Story, Richard Hill, Willi|am Hudson, Pentecost Teague, Thomas Chalkley, and William Southby; these, with many others, consi|dering the present ill humour of the Assembly, thought themselves highly interested in the nature of such a proceeding; but they were all peremto|rily refused by the Assembly.

      Page 461

      What effect which these proceedings had with the Proprietary in England, may, in part, appear from the Governor's speech to the Assembly, in the forepart of the year 1705, in which, among other things, he thus expresses himself, respecting the Proprietary's sentiments on the causes of his differ|ing with the Assembly, and of their letter to the Proprietary, viz.

      "The Proprietary, Gentlemen,* 65.3 is so far from agreeing with your opinion, in these matters, that he is greatly surprised to see, instead of suitable sup|plies, for the maintenance of government, and de|fraying public charges, for the public safety, time only lost (while his constant expences run on) in disputes upon heads, which he had as fully settled before his departure, as could, on the best precau|tions, be thought convenient, or reasonable, even, at a time, when he was leaving you in doubt whe|ther it would be possible to divert the bill, then moving in Parliament, for annexing all these go|vernments to the crown; which being now diverted, and himself secure in the possession of his right, so long as his circumstances shall render the adminis|tration of it practicable, he is the more astonished to find you, for whose sakes chiefly, and not his own, he has undergone the late fatigues, and ex|pensive troubles, in maintaining it, express no greater sense of gratitude, than has hitherto ap|peared.

      "The Proprietary also further assures us, that had those three bills (of which copies were sent home) been passed into acts here, they would cer|tainly have been vacated by her Majesty, being looked on by men of skill, to whom they have been shewn, as very great absurdities; but, what I must not be silent in is, that he highly resents that hei|nous indignity, and most scandalous treatment he has met with, in a letter, directed not only to him|self, but also to be shewn to some other persons,

      Page 462

      disaffected to him,* 65.4 in the name of the Assembly and people of this province, of which I have formerly demanded a copy,* 65.5 but was then denied it, under pretence (when it was too late) that it should be re|called: If that letter was the act of the people truly represented, he thinks such proceedings are suffici|ent to cancel all obligations of care over them; but if done by particular persons only, and 'tis an im|posture in the name of the whole, he expects the country will purge themselves, and take care that due satisfaction be given him.—

      —"The Proprietary (who, it is well known, has hitherto supported this government) upon such treatment, as he has met with, is frequently soli|cited to resign and throw up all, without any fur|ther care; but his tenderness to those in the place, whom he knows to be still true and honest, pre|vails with him to give the people yet an opportu|nity of shewing what they will do, before all be brought to a closing period.

      "Methods have been taken to provoke him to this, that there might be the greater shew of blame for it, when done, though it could not be avoided; but assure yourselves, that he will be justified by all reasonable men, for withdrawing the exercise of his care over those, that being so often invited to it, take so little of themselves," &c.

      * 65.6The nature and consequence of these disputes appear to have caused a considerable change in the choice of the members of the next elected Assem|bly, in October 1705; of which Joseph Growdon was Speaker.* 65.7

      * 65.8This Assembly acted so very different from the two last preceding, as to produce a much better understanding between them and the Governor,

      Page 463

      in consequence of which a great number of laws were passed, and the public affairs of the govern|ment, for a time, bore a more favorable and pro|mising aspect.

      In this year 1705, Thomas Chalkley,* 65.9 one of the seven persons before mentioned, who petitioned the Assembly of the last year, 1704, a preacher among the Quakers, paid a religious visit to the Indians, at Conestogo, near the river Susquahanna, in Pennsyl|vania, in company with some of his friends, of the same religious society.* 65.10 The Indians, who consisted chiefly of Senecas and Shawanese, received them with great kindness: they were much affected by their visit,* 65.11 more especially a certain woman of emi|nence among them, who appeared to have autho|rity, and spoke much in their Councils; the reason for which was, when the Indians were asked, one of them replied, "Because some women are wiser

      Page 464

      than some men, and that she was an Empress among them;"—She told Thomas Chalkley, and the other friends,* 65.12 that she looked upon their coming to be more than natural; because they did not come to buy nor sell, nor yet gain, but in love and respect to them, and desired their welfare both here and hereafter.—She related to them a dream, which she had three days before; which, being interpreted was, "That she was in London, and that London was the finest place she ever saw, (it was like Phi|ladelphia, but much larger) and she went across six streets, and in the seventh she saw William Penn preaching to the people; which was a great multi|tude; and both she and William Penn rejoiced to see each other, after the meeting she went to him, and he told her, that in a little time, he would come over and preach to them also; of which she was very glad: and now, she said, her dream was ful|filled; for one of his friends was come to preach to them." And she advised the Indians to hear and treat the friends kindly; which they accordingly did.—

      This one instance, among many, which might he given, is here mentioned, to shew the love and re|gard, these people had for the memory of William Penn; as the consequence of his just and kind treatment of them; and the sense which they had of his regard for their real good, and true hap|piness.

      * 65.13England was now at war with France and Spain; in consequence of which no part of the British do|minions could be entirely exempt from danger. In all times of war Pennsylvania is said to have been exposed more or less to difficulties, on account of the Quakers, who were the most important and considerable part of the inhabitants, being princi|pled against war of every kind: but then, in con|sequence of their pacific conduct, it was manifest, more happy effects were produced, in proportion,

      Page 465

      as the arts of peace, in a sober and industrious people, are preferable to those of war; though they were strenuously opposed, as well by the in|ternal as by the external enemies of the constitu|tion of the province; and that both through igno|rance and design.* 65.14

      Page 466

      For, though the fidelity of the Quakers to the King and Government, their punctuality in paying their taxes,* 66.1 and their conscientiously and strictly de|clining all illicit trade, or defrauding of the royal revenue, in any respect, have, in all parts of the British dominions, never been exceeded by any others; which, in an industrious people, are things of very great importance and utility, to any go|vernment; yet, in this of province, by reason of their not personally themselves complying in military preparations, nor joining in actual service of that nature, or immediately employing others, as sub|stitutes, therein, though they never attempted to lay any restraint upon other people, who were among them,* 66.2 respecting these affairs, consistent with the law of nations, and self defence, or agreeable to the limitations of the royal charter, they have, ne|vertheless, frequently laboured under very unjust imputations, and the charge of wrong consequen|ces, formed by the false reasoning of their enemies, in this respect.

      Page 467

      CHAPTER XVII.

      Governor Evans's disposition and conduct.—His treat|ment of the Quakers' principles on war.—False alarm at Philadelphia.—Fort and exactions at Newcastle.—Richard Hill.—Isaac Norris.—Sa|muel Preston, &c.—Assembly's address to the Go|vernor, &c.—Further proceeding and dispute be|tween the Governor and Assembly.—Assembly dis|pleased with the Secretary James Logan.—Memorial of James Logan.—The Assembly impeach the Secre|tary.—Heads of an angry remonstrance to the Pro|prietor against the Governor and Secretary, &c.— These disputes continue till the arrival of Governor Gookin, in the beginning of 1709.—Names of the Members of Assembly and Council, &c.—Difficul|ties of the Proprietor about this time.—

      GOVERNOR EVANS appears to have been an active young man,* 66.3 of a temper scarcely indiffe|rent to any thing,* 66.4 zealous to promote what he thought the service and interest of the Proprietary required, but not sufficiently studying the genius and disposition of the people, over whom he presided. His warm zeal to push his own views, in some things, contrary to those of the Assembly, tended to pro|duce such extreme opposition and dislike between them, as were scarcely warrantable, and might have had fatal effects; the natural consequence of men's tempers being too much agitated and inflam|ed; besides the liberties of his private life and con|duct are represented to have been such as rendered him offensive to a sober and religious people. He

      Page 468

      was moreover said to want neither ingenuity nor abilities, so much as a proper application of them; for which years and experience are so generally re|quisite. But his disappointment, on his first arri|val, in not being able to prevail on the Assembly of the province to admit of a re-union with that of the territories, which he had so much set his mind upon, with the nature of certain following pro|ceedings of the former, appear to have occasioned his imprudently joining with the Assembly of the latter,* 66.5 in some acts, which seemed more calculated to incommode the province, than for any real uti|lity to either; from which kind of conduct it could not be reasonably supposed any good understanding could arise, or be long cherished, between them.

      The Governor had endeavoured to form a militia through the government, but so far as appears, and which could not be reasonably expected other|wise, not with much success. He knew the Qua|kers' principles were against bearing arms and war, yet, as the inexperience and assuming of youth, as well as the prejudice of more advanced years, is sometimes ready to regard a contrariety of senti|ment, in others, more especially if it differ much from the common opinion, in the highest point of absurdity, without duly examining into the merits of it;* 66.6 so Governor Evans, by part of his conduct, appears to have regarded and treated the principles of the Quakers, in respect to self defence, as a mere notion, which would never endure a serious trial; and by the following imprudent scheme and experiment, instead of answering any useful inten|tion to the public, he is said not only to have alien|ated the Quakers further from him, but also high|ly disgusted such of the people in general, as were not concerned in the contrivance, or execution of it.

      Governor Evans, in conjunction with Robert French of Newcastle, Thomas Clark, an attorney at

      Page 469

      law, of Philadelphia,* 66.7 and some others of his asso|ciates, it is said, for their diversion, and to try the disposition of the people,* 66.8 but most probably that of the Quakers chiefly, concerted a scheme to raise and carry on a false alarm, in order most effectually to terrify the inhabitants by a sudden surprize, and thereby oblige them to have recourse to arms, for their defence.

      It was at the time of the fair in Philadelphia, on the 16th. day of the Third-month, O. S. 1706, when this plot was put in execution; French acted at Newcastle, by sending up a messenger to the go|vernor, at Philadelphia, in the greatest haste, and apparent consternation, to acquaint him, that a number of vessels were then actually in the river, and as high up as a place, which he named. Up|on this news immediately the Governor acted his part; and, by his emissaries, made it fly through the city; while himself with a drawn sword in his hand, on horseback, rode through the streets, in seeming great commotion, and a behaviour adapted to the nature of the occasion, commanded and entreated people of all ranks to be properly assisting on the emergency, &c.* 66.9

      The stratagem, in part succeeded; and the sud|denness of the surprise, with the noise of precipi|tation

      Page 470

      consequent thereon, threw many of the people into very great fright and consternation, in|somuch that it is said,* 66.10 some threw their plate and most valuable effects down their wells and little-houses; that others hid themselves, in the best manner they could, while many retired further up the river, with what they could most readily carry off; so that some of the creeks seemed full of boats, and small craft; those of a larger size running as far as Burlington, and some higher up the river;— Several women are said to have miscarried by the fright and terror, into which they were thrown, and much mischief ensued.* 66.11

      But the design, it is said, was suspected, or un|derstood, by the more considerate part of the peo|ple, even at the beginning; and endeavours accord|ingly were used, to prevent its taking effect; but the conduct and artifice of the Governor, with the help of his numerous assistants, and the easy cre|dulity, common to the more inconsiderate part of mankind, very much frustrated these endeavours, till the first transport of amazement had subsided.

      James Logan, the Secretary, though he was one of the people called Quakers, was accused or suspect|ed, of being privy to the affair. He denied the

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      charge; but endeavoured to palliate the action, and excuse the Governor; which rendered him the more suspected. The design,* 66.12 though it had such a considerable effect, turned out entirely contrary to the expectation of the authors and promoters of it; for the people were soon undeceived; and when they saw how grossly they had been imposed upon, many of them so highly resented the usage, that the authors and promoters thereof were now obliged to consult their own safety from the fury of an en|raged populace.

      As to the Quakers, it is said the principal part of them were attending their religious meeting as usual, on that day of the week, even in the midst of the confusion; and, as if they were aware of the design, in general, behaved themselves so far con|sistently, that only four persons, who had any pre|tence to be accounted of that society, appeared un|der arms, at the place of rendezvous, appointed on the occasion.

      With this action, whereby the Governor render|ed himself odious to the generality of the inhabi|tants of Philadelphia, may be mentioned the follow|ing; by which he incurred, in a particular manner, the displeasure of the trading part of the province.

      Soon after the Assembly of the territories had met in legislation, independent of the province,* 66.13 Governor Evans proposed to them the building a fort at Newcastle; upon which a law was passed there, entitled, "An act for erecting and maintain|ing a fort, for her Majesty's service, at the town of Newcastle upon Delaware." This law imposed a duty of half a pound of Gun-powder, for every ton, that all vessels whatever, coming from the sea up the river, should measure by the carpenters rule, whose major part was not owned by persons resid|ing on the river and bay of Delaware; (except ships of war) and by it all vessels, both inward and outward, were obliged to stop, drop anchor, and

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      the commander to go on shore, make report, and have leave to pass; from the commanding officer of the said fort,* 66.14 under penalty of paying five pounds, besides twenty shillings for the first gun, thirty for the second, and forty for every gun afterwards, that should be fired on the occasion, in case of ne|glect, besides the forfeiture of five pounds, for contempt, &c.

      This law was considered as a manifest infraction of the privileges granted by the royal charter to the settlers and inhabitants of Pennsylvania; and still more so, from the manner in which it was put in execution; for they had legally an undoubted right to the free use of the river and bay, without any interruption, obstruction or imposition from any quarter whatever; and the violent means which consequently became necessary to enforce a law upon such a defective foundation, and not even counte|nanced by the law itself, soon became a great nui|sance, and an intolerable grievance to the trading part of Pennsylvania, and others concerned in its commerce.—Besides, it was alledged, that the fort itself, as it was situated and circumstanced, had it been under better management and more warrant|able direction, could not possibly be much security to the river, nor protection to the vessels that might happen to be chased, or assaulted in it.

      The city of Philadelphia was much concerned at these proceedings, and the trading part thereof were highly incensed at this invasion of their just liberties; accordingly endeavours were used to have the affair properly redressed, but without success.

      At length Richard Hill, one of the Governor's Council, a bold man, and of considerable abilities and influence in the province, together with Isaac Norris and Samuel Preston, all Quakers, and men of the first rank and esteem, was determined to try

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      to remove this nuisance, by a different method from any that had been yet attempted.* 66.15

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      Hill had a vessel, named the Philadelphia; then loaded and just going out,* 66.16 to sea; but doubting of his captain's resolution to pass the fort, without sub|mitting to the imposition, he, in company with the other two, went in the vessel down the river, and dropt anchor a little before they came to the fort; Norris and Preston went on shore, to inform the officers, at the fort, that the vessel was regularly cleared; and to use such perswasion, as they were capable of, that she might pass without interrup|tion, &c. but to no purpose: Hill, therefore, tak|ing command of the sloop, stood to the helm, and passed the fort, without receiving any damage, though the firing was kept up till he was clear; and the guns were pointed in such a direction, that a shot went through the mainsail. As soon as the sloop was got clear of the fort, John French, the com|mander of it, put off in a boat, manned and arm|ed, in order to bring her to, in that manner; when he came along side, Hill ordered a rope to be thrown him, upon which they fastened the boat, and French went on board; the rope was then im|mediately cut, and the boat falling a stern, French was conducted a prisoner to the cabin;—who, now seeing his situation, pleaded his indisposition of body: upon which Hill asked him, "If that was really the case, why did he come there?—Lord

      Page 475

      Cornbury, Governor of New-Jersey, and as such claiming to be Vice Admiral of the river Delaware, happened, at that time, to be at Salem,* 66.17 a little lower down, on the Jersey side of the river; to him the prisoner was brought, to give an account of his conduct. In this place, after French, in a coarse manner, had been sufficiently reprimanded by Lord Cornbury, upon a suitable submission and promises made, he was at length dismissed, but not without marks of derision from some of the attendants.

      This put a finishing stroke to these proceedings at the fort of Newcastle; and thus ended the enter|prize; in which Hill's friends, especially his anxi|ous wife, a person of note and high esteem, who, at Philadelphia, heard the report of the guns, could not but be particularly concerned, fearing lest his resolution should be attended with bad consequen|ces: but they were soon agreeably relieved from their apprehensions of that kind; and his conduct in this affair, made an open way for others.

      But Richard Hill did not suffer the affair to rest here; for, accompanied by a large number of the inhabitants of Philadelphia, he attended the Gene|ral Assembly; and, by petition, in such manner, laid the affair before them, that it produced an ad|dress to the Governor, from the House, without so much as one dissenting vote, dated the 10th. of May, 1707, highly resenting these proceedings, on the river Delaware, and at Newcastle, which I do not find were afterwards continued.* 66.18

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      The act of Assembly, for establishing courts of judicature, in the province, in the year 1701, hav|ing been repealed by the crown,* 67.1 the Governor, in order to supply the intention of that act, for the regulation of courts, recommended to the conside|ration

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      of the House, the draught of a bill, which he had prepared for that purpose, as being better, and more suitably adapted, than the act which had been repealed.—This the Assembly not only re|jected, but drew up one themselves, instead of it, so widely different, that the Governor and they were not able to agree to certain particulars con|tained in it; which were alledged by the Governor, as tending to "break in upon the Proprietary's powers of government, or his just interest;" and, after much dispute and altercation, and time spent to no pur|pose, the Governor proceeded, by an ordinance, in such case provided in the royal charter, to open the courts of justice, till further, or better provi|sion and regulation should be made by act of As|sembly.

      The House being disappointed in not carrying their point, in the manner they desired,* 67.2 were very much chagrined. They were headed by David Lloyd, their Speaker, as before mentioned, a per|son of good esteem and character among the peo|ple, and who had been brought up to the law; but through most of his public conduct, appears to have distinguished himself in nothing so much, as

      Page 478

      by his constant opposition to the claims of the Pro|prietary. Having failed in this their contest with the Governor,* 67.3 the Assembly, in the next place, were determined, if possible, to take their revenge on the Secretary, James Logan, who was also one of the Council; and they accordingly pointed the force of their resentment against him; whom they regarded, in great measure, as the cause of their miscarriage, in the bill of courts, and of much of the misunderstanding between them and the Go|vernor.

      James Logan was a man of considerable under|standing and abilities, perhaps exceeded by few, or none,* 67.4 in the province; he espoused and firmly supported the Proprietary's interest, and had great influence in the Council; but to persons of inferior abilities and less acquirements, he is represented by some, not always to have conducted himself in that courteous and condescending manner, which gains respect, and is an ornament to superior parts; which rendered him somewhat unpopular, and sometimes provoked his enemies to carry their ani|mosity against him to unwarrantable extremes.* 67.5

      Page 479

      The province appears to have exhibited some|thing of the nature of party, from its early institu|tion, even, in some, who strongly professed more noble and generous motives of conduct. Party spirit, the offspring of narrow and selfish views, is deeply interwoven in human nature; of which, perhaps, it is impossible to be wholly divested.* 67.6 But as the human passions are only injurious, when they are not kept under proper restriction and go|vernment, so it is the extreme alone of party de|sign, which, in reality, is so pernicious to human society; while its moderate exertion excites a

      Page 480

      stricter attention to men's real interests, and under proper management and direction, becomes subser|vient to the more effectual security of the public good.

      The nature and length of this, and other disputes, with the dislike and odium,* 67.7 which some parts of the Governor's private conduct, are said to have created, in the more sober part of the inhabitants, by his frequently descending below the dignity of his station, in midnight revels, and low frolicks of youthful folly, very much lessened his authority, and raised the spirit of party to a higher degree, than had been known before. The consequence of which was, what is generally that of all extremes, the product of things more or less indefensible, on both sides: a detail of which proceedings, as they are published in the journals, or votes of the house of Assembly of those times, would be too tedious here to be minutely stated.—They produced a number of accusations against the Secretary;* 67.8 which the Assembly stiled articles of impeachment. Upon these the Assembly took measures to impeach him in form, before the Governor, as an evil counsellor, and guilty of high misdemeanors;—But through the Governor's management and protection, they were not able for the present,* 67.9 to effect any thing further against him; and there is on record his pe|tition to the Governor and Council, requesting that proper measures should be taken to clear his cha|racter from the false representations,* 67.10 and gross abuses of the Assembly, by a fair trial.

      * 67.11The Assembly, being thus repulsed, in respect to Jamas Logan, were still more exasperated; and so much were they displeased with the Governor's conduct, that they were determined to endeavour to have him removed. His public administration was not only disagreeable to them, in his manner of acting for his principal's interest, but also the example of his private conduct was much complain|ed

      Page 481

      of, as having a bad influence and effect on the morals of many of the people.* 67.12

      For this purpose, therefore,* 67.13 in the summer of the year 1707, the Assembly drew up a remon|strance to the Proprietary, containing a catalogue of the particulars of his mal-administration, or which they esteemed to be such, with a complaint against James Logan; the principal of which have already been mentioned:—In this remonstrance, after having reminded the Proprietary of their for|mer complaints, in the year 1704, they further re|present:—

      The Lieutenant Governor's abominable and un|warrantable conduct with the Indians,* 67.14 on a visit to them, at Conestogoe.

      His refusing to pass the bill of courts, without their agreeing to his amendments; though they only left two of his objections unremoved; and his setting up courts by his ordinance.

      His refusal to try the Secretary, upon their im|peachment, by questioning his own authority to judge, and their's to impeach, in the method they proposed.

      His imposition on the trade of the province, by means of the law passed at Newcastle; whereby he unjustly exacted large sums of the people; with the abuses and consequences of the said law.

      Certain unjustifiable and oppressive proceedings, respecting the militia, which he had formed, ac|cording to his proclamation before mentioned.

      His refusing to pass a bill, in the year 1704, to explain and confirm the charter of the city of Phi|ladelphia;—The multiplying of taverns and ale-houses, in the city, as nurseries of vice, by his means; and his imposing licences on the keepers of those houses, without law, or precedent.

      Page 482

      His refusing to pass a bill, in 1704, for explain|ing and confirming the charter of privileges of the province;* 67.15 his rejecting the people's choice of She|riff and Coroner, for the city and county of Phila|delphia, in said year, contrary to the said charter: His licencing several taverns and ale-houses in Phi|ladelphia, against, and without the recommendation of, the city magistrates;—with his sending a message to dismiss the Assembly, on their complaining of his conduct, against the form and effect of said char|ter, and known usage, &c.

      His appropriating certain monies to his own use which the Assembly intended otherwise; and his secreting the objections of the lords of trade to cer|tain laws which had been repealed; whereby they fell again into the same error.

      The project and consequences of the false alarm, before mentioned.

      The arbitrary exaction of twelve shillings from every master of a vessel, outward bound, for a let-pass, notwithstanding their being cleared, according to the acts of navigation.

      His permitting French Papists to trade with, and reside among, the Indians, and their wicked beha|viour among them.

      His granting a commission for privateering, in 1706.

      His beating and evilly treating Solomon Cresson, the Constable, for doing his duty at a tavern, in one of his midnight revels; though he knew not that the Governor was there.

      His excesses and debaucheries, to the great en|couragement of wickedness, and weakening the hands of the magistrates, by his ill example, &c.* 67.16

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      And against the Secretary, James Logan, it was alledged,—

      That he knew the above mentioned alarm was false; but, instead of using such means,* 67.17 as were in his power, to prevent it, he, by his conduct, un|der pretence of coming at the truth of the affair, made it worse.

      That, as Commissioner of Property, to manage the Proprietary's land affairs, he had detained cer|tain deeds, for lands, from the owners unjustly; and to some persons, denied patents for their lands, to which they were entitled.

      That he had appointed wood-rangers, at large, over the located lands of the inhabitants, in com|mon with those of the Proprietary; for which he had no right; in which accordingly they took up strays, &c. in an indiscriminate manner; which ought to have been restricted solely to the Proprie|tary's lands.

      These are called by the Assembly, in this remon|strance, part of their many grievances; which was sent to their agents, George Whitehead, William Mead and Thomas Lower, in London; with a very angry letter, to be communicated to the Proprie|tary.

      The Governor, getting intelligence of what was going forward, in the Assembly,* 67.18 by a message to the House, required them to lay before him, the address or representation, which he was informed, they intended to send to England; and that they should not presume to send any thing of that na|ture out of the government, till the same had been fully communicated to him, according to justice, and the practice of other governments.—This had no effect with them; and the Assembly adjourned to the 23d. of September.

      On the first of October, at the anniversary elec|tion, the choice of Representatives, in Assembly,

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      falling mostly on the same persons, as in the prece|ding year,* 67.19 consequently but little of moment was done in the public affairs of the government, be|sides the continuation of the former disputes and alternations, respecting the bill of courts, and the other obnoxious parts of the Governor's admini|stration; whence both sides became more untract|able, and less disposed to unite in any salutary pur|pose, for the public good.

      But it is observed, respecting these proceedings, that, though the parties were very free with each other's conduct, yet, they are said mostly to have kept within the rules of decency and order; and, in all their differences, both parties, in the strong|est terms, professed their sincerest desires and inten|tions thereby, for the service of their country; and that they had nothing so much in view, in these proceedings, as the real and best advantage of the community.* 67.20

      Page 485

      In this state continued the affairs of the province till the beginning of the year, 1709,* 67.21* 67.22 when the As|sembly's complaints to the Proprietary having proved effectual, Governor Evans was removed from the administration, and Charles Gookin suc|ceeded him, in the government.

      It appears not improbable,* 67.23 but that the Proprie|tary for some time past, must have been under no small uneasiness and difficulty, respecting his pro|vince: For his great generosity and expence, in settling it, with his other acts of beneficence, and the attention due to such a series of conduct, had so far impaired his estate, in Europe, and involved him in debt, that, in the year 1708, in order to pay the same, he borrowed from certain of his friends, a large sum of money; for which he mortgaged the province.* 67.24

      Page 486

      * 67.25Besides, it cannot be supposed, but that the na|ture of the disputes between the Assembly and his Deputy Governor,* 67.26 at the same time, could not have been agreeable to him, for, notwithstanding what appears to have been amiss, or defective in the conduct of the latter, it was then visible, and more

      Page 487

      so afterwards, in part of the transactions of some of these Assemblies, that a discontented and facti|ous disposition, or party, was increasing in the pro|vince, against his interest endeavouring to divide that, in appearance, which, in reality, was one, and ought never to be separated, not even in idea; tending to render the government uneasy to him, and under views, or pretence of gaining more pri|vileges and liberties to endanger those, which they had: This, it is certain, would have been the case, at that time, had the Proprietary made use of those means, which were then absolutely in his power, to terminate his difficulties, to his present advan|tage, but, most probably, unfavourable to the views of those who opposed him, by his disposing of the government to the crown; to which his private circumstances, the solicitations of the mi|nistry, and this conduct in the province, so much incited him.* 67.27

      END OF THE FIRST VOLUME.

      Notes

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