William Penn's Letter of Attorney to Philip Ford, 1682

WILLIAM PENN'S LETTER OF ATTORNEY TO PHILIP FORD, 1682 Edited by Marion Balderston On the 26th of August, 1682, William Penn signed a letter of attorney for his then trusted friend Philip Ford. Although not unusual in wording for those days, it seems by modern interpretation to give Ford power over all the lands that Penn possessed, or indeed that he or his heirs might ever possess. The understanding , however, was that the attorney could only use these powers if the giver of them died or became mentally incompetent, though of course this is not stated. The indenture was written in duplicate on parchment, and the two copies were then cut apart with a jagged or toothlike line. One was signed by Penn in the presence of a notary public and two witnesses—Penn's friend Francis Taylor and one of his secretaries, Mark Swanner. This copy he gave to Ford. The other he would keep. That afternoon at four o'clock, according to his friend John Aubrey,1 he left London for Deal, where the Welcome waited. He embarked at noon on the 30th, and they sailed that afternoon or night.2 Since the letter of attorney concerned the transfer or sale of freehold land, it had to be enrolled in the Enrolment Office of the Court of Chancery. All such agreements, warrants, deeds, etc., between particular persons were written on the Close Rolls, the authority involved or the power conveyed being closed, or confined , to those persons named, as distinct from the Patent, or open, Rolls, which conveyed general powers. The special roll on which this indenture was copied is now at the Public Record Office in Chancery Lane, London.3 In physical appearance the roll consists of forty-four skins of parchment, each between two and three feet in length and about ten and a half inches wide; these are stitched together to form a continuous piece. Most indentures cover two or more skins, are extremely detailed, and are written in the very elaborate, com1 John Aubrey, Brief Lives, ed. Oliver Lawson Dick (London, 1949) p. 235. 2 Loyal London Mercury for September 2, 1682 (dispatch of August 30); London Gazette for September 4-7, 1682 (dispatch of September 2). 3 C 54/4578, Public Record Office, London. 108 William Penn's Letter of Att'y to Philip Ford, 1682 109 plicated script used at that time by the Chancery clerks. Usually after about sixteen indentures were copied, the whole was rolled up. The Penn-Ford letter of attorney was the second to be copied on this particular roll, and is one of the shorter ones. One month after Penn signed the original, on September 30, this copy was enrolled in the presence of the notary, who swore that it was a true copy of the one which Penn had signed in his presence. By that time Penn was in mid-Atlantic, happy to be on the way to his province, and no doubt content, feeling that he had put his affairs into the hands of so trustworthy a friend. Penn Wm. Know all men by these presentes that I William Penn of Warminghurst in the County of Sussex, Esq. Chief Proprietor and Governor of the Province of Pennsylvania now bound out on a voyage to the said place, in regards of the great trust and confidence that I have in my loving friend Phillip Ford of London, merchant, have made, provided, constituted, deputed and appointed and by these presentes in my stead and place do make, provide, constitute, depute and appoint the said Phillip Ford to be my true and lawfull Attorney, Deputy and Assignee for me and in my name and to my use, to ask, demand, sue for levy, recover and receive all such sum and sums of money, debts, duties, goods, wares, merchandises, rents, arrears of rents and all other thing or things whatsoever as now are, or at any time hereafter, shall or may be due. Being payable, belonging or appertaining unto me or from any other person or persons whatsoever as well in the Kingdom of England, in the Kingdom of Ireland or in the Island of Jamaica, Holland or...