Newark Delaware’s First Charter
I’ve been slowly going through the book Newark, Delaware Past and Present, written by Egbert G. Handy and Jas. L. Vallandigham, Jr. in 1882.
I published the preface to the book a few weeks ago, with some notes about some of the people and events appearing in that. The book then continues to talk about the first Charter of the City, as granted by King George II:
To an Englishman, or indeed to all foreigners, the claim of antiquity in behalf of almost any city or town in the United States, would seem perfectly ridiculous. Yet as our ideas of age or duration of time are mainly controlled by comparison with those places and things most familiar with us, a village over 200 years old is considered by Americans generally as entitled to be called ancient. As Newark, Delaware, is above 200 years old, in a new world chronology it can well be termed an old town, though “hoary centuries” have not watched over its gradual growth and improvement.
In the West the first question asked about a town is, when was it laid out? To this interrogatory as to Newark, we can truthfully answer that it was never laid out — like “Topsy,” it “just growed.” For the most part it is one long street running nearly east and west. No doubt some of the early settlers in the neighborhood were English and came from that Newark in the old country spoken of by Scott,
“Where Newark’s stately tower
Looks out from Yarrow’s birchen bower.”
In all the old papers relating to the town it is noticeable that the last syllable, ark, is always spelled with a small a, but for nearly a hundred years it has been known as New Ark, a bold capital A being used.
The early settlers were from Great Britain — English, Welsh, and Scotch-Irish, with a small sprinkling of the “raal sons of the sod.”
In 1757 James McMechan and others made and application for corporate privileges to William Denny, acting Governor of that part of William Penn’s grant, known as the three lower counties of the Delaware — Newcastle, Kent and Sussex. He referred the matter, it appears, to higher authority, and the result was the document which we shall presently set forth.
This may fairly be taken as the first charter, although the place had been known as Newark for many years previously.
Through the kindness of Professor William D. Mackey, we are enabled to give a correct copy of this first charter, as it came from George II., then King of England, dated the 13th of April, 1758. The old document is before us just as it was received so many years ago, the parchment indeed discolored by time, the seal somewhat broken, and the ribbon attached faded, but the writing for the most part plan and legible, and beautifully executed.
The year in which this first charter was granted is one memorable in history. Both the old and new continents were embroiled in gigantic wars. General Wolfe had just set his foot for the first time upon American soil. Young Washington was engaged with his Virginia volunteers in rescuing western Pennsylvania from the French and Indians. The heroic Montcalm, so soon after, like his noble compeer, Wolfe, dying on the same field, to surrender up his young life, was gaining his laurels at Ticonderoga.
In the old world the terrible seven years’ war was raging, and Frederick the Great of Prussia, surrounded on all sides by enemies, was putting forth all the energies of his genius. In India, young Clive was winning for England the vast Empire which has added a brilliant diadem and a new title to the crown of England. Pitt, the “great Commoner, was ruling the destinies of Great Britain. Voltaire, in France, with tongue and pen was sapping the foundations of great civil institutions, and vainly thinking he was also destroying all spiritual authority. Dr. Samuel Johnson was engaged in the stupendours labor of preparing his great Dictionary. The world’s work was going on bravely, and amidst the noise and hurly burly about his throne, and the engrossing domestic joys of his mistresses’s wines and cards, old George II, took time to authorise the issuing of a charter to the quiet little town of Newark.
Charter
George the Second, by the Grace of God of Great Britain, France and Ireland King, Defender of the Faith, and so forth. To all unto whom these presents shall come, Greeting:
“Whereas, Our loving subjects, James McMechan, Reynold Howell, William McCrea, William Eynon, William Armstrong and David Wilkin, of our county of New Castle, within the government of our counties of New Castle, Kent and Sussex, have been at great expense in building houses, and making improvements in a piece of land ten miles west of New Castle, at the intersection of two very public roads, the one leading from New Castle to the Cross Roads in Chester county, and the other leading from Kent and Sussex to New Garden, in order to erect and make a town there which is called Newark in the County of New Castle.
And whereas the said James McMechan, Reynold Howell, William McCrea, William Eynon, William Armstrong and David Wilkin, with divers others, the proprietors of houses and lots of ground in and near the said town have humbly besought our trusty and well beloved William Denny, Esq, with our royaal approbation Lieutenant Governor of the counties aforesaid, under the Hon. Thomas Penn and Richard Penn, Esquires, true and absolute proprietors of the province of Pennsylvania and counties aforesaid, for our letters patent under the great seal of the government of the said counties for granting to the present and future inhabitants of the said town or village called Newark, the powers and privileges of having fairs yearly, and one weekly market there for the encouragement of trade and better accomodating and supplying the inhabitants thereof with provisions and other necessaries.
Therefore, know ye that we, favoring the petition and good purposes of the said James McMechan, Reynold Howell, William McCrea, William Eynon, William Armstrong and David Wilkin, and being willing to promote as much as in us lies their welfare and utility, have of our special grace certain knowledge and meer motion granted and do by these presents for us, our heirs and successors, grant and ordain that the present and future inhabitant of the town aforesaid, called Newark, shall and may from henceforth forever hereafter hold and keep two fairs yearly at the said town called Newark, that is to say, on the third Thursday and Friday in the months of April and October, in every year, for the buying and selling of neat cattle, oxen, cowes, horses, sheep and hoggs, and all other goods, wares and commodities, and also a weekly market, to wit: on every Thursday, together with the free liberties, customs, profits, privileges and emouluments of the aforesaid fairs and markets belonging or in any wise appertaining forever.
And we do further grant for us, our heirs and successors, to the present and future inhabitants of the said town, and all other our liege subjects, that it shall and may be lawful for them to assemble themselves together at the said town called Newark, for holding he aforesaid fairs and weekly market on the respective days and times hereinbefore limited and appointed at such places within the said town as the inhabitants thereof from time to time shall appoint. And we do hereby further grant and ordain that David Wilkin, of the said town of Newark shall be the first clerk of the market who, and all succeeding clerks of the market of the said town, shall have assize of bread, wind, beer, wood and other things, and to execute and perform all other things belonging to the office of clerks of the market within the said town.
In testimony whereof we have caused these letters patent, and the great seal of our said government to be hereunto affixed. Witness William Denny, Esq., with our royal approbation Lieutenant Governor and Commander-in-Chief of the province of Pennsylvania and counties aforesaid, this thirteenth day of April, in the year of our Lord one thousand seven hundred and fifty-eight, and in the thirty-first year of our reign.”
This is signed by William Denny and the great seal of the province of Pennsylvania is carefull affixed by a blue ribbon. Outside is it endorsed
“Charter”
William Denny, Esq., Gov’r,
to
James McMachen, et al.
For a fair and market
in Newark, in the
county of New Castle
Recording, &c., 5-10
Recorded in the Rolls office at New Castle, in Book 8, p. 357, et. Given under my hand and seal this eight day of June, 1758.
R’d W. William, Recorder of Deeds.
A small seal is affixed to the endorsement. A very few peculiarities of spelling are noticeable in this old document, but not as many as one would suppose considering it was written before any authoritative dictionary had been published. For instance hoggs, cowes , and meer (for mere), are all we notice, and we have copied it carefully verbatim et litteratim.
April 28th, 2007 at 6:15 pm
[…] My last Newark History post from the book was on Newark Delaware’s First Charter, and this one looks at some local laws created a few years later establishing some laws for Newark’s official marketplace area. It appears that the marketplace was right by the Newark Academy building, on the side where the Stone Balloon had be located at for the last few years. […]
October 15th, 2007 at 7:48 am
I found this to be very interesting information because it is the first information I have been able to find on my 9th removed grandfather Reynold Howell. I would like to know if you have any more information on Reynold Howell, who was one of the founders of Newark Delaware? I do know he had a large family one of whom was Ebenezer Howell who I believe was born in Newark Delaware. Ebenezer had twin boys named Richard and Lewis Howell both of which were Revolutionary war Patriots. Richard Howell was initially an officer in the New Jersey militia and later a Major in the Continental Army. He was also an agent for George Washington and went on to become the third American governor of New Jersey a position he held until his death in 1802. As governor of New Jersey he commanded the New Jersey Blues during the Whiskey Rebellion and accompanied President Washington, General Lee and Alexander Hamilton on their expedition to Kentucky. Lewis Howell was a surgeon in the Continental Army and died from an injury during the battle of Monmouth. Both Richard and Lewis Howell were participants in Trenton Trenton Tea burning which took place in Trenton New Jersey on the 22nd of December 1774. The granddaughter of Richard Howell was Verina Howell Davis who was the First Lady of the Confederacy. She was the 2nd wife of Jefferson Davis and my first cousin 5 times removed. I have discovered a long line of distinguished and noteworthy American citizens descending from Reynold Howel. I am very interested in learning as much as possible about the life of Reynold Howell. I do know that Reynold Howell’s father was named Howell Harry who I believe lived in North Wales near the castle named Caerphilly. I have a letter written by Richard Howell identifying his grandfather as Reynold Howell and his grandmother as Mary George. He also identifies his great grandfather as Howell Harry living in at that time in Glamorganshire Wales. I also believe that Reynold Howell was my first ancestor in this line to set foot on the continent.
October 15th, 2007 at 8:29 am
Hi Berry,
Thank you for sharing so much about your ancestors, and their history. I have a couple of books on Newark’s history that didn’t enjoy much wide spread publication.
I’ll check through those to see if I can see any other mentions of Reynold Howell, or any of the other Howells.
You have me curious. It would be great to learn more about some of the founders of Newark…
Here are a couple of very brief mentions of Reynold Howell that I found in Google:
This letter gives us an idea of where property he owned may have been located:
http://archiver.rootsweb.com/th/read/MEANS/2004-03/1079723622
This one mentions a letter that he may have written in 1752:
A WELSH BAPTIST CHURCH SUCCESSION FROM THE YEAR 63 TO THE 19th CENTURY
http://www.historicalmissionarybaptist.com/a_welsh_baptist_church_successio.htm
I’ll be keeping my eyes open for more.
October 17th, 2007 at 7:42 am
Wow, thanks so much for such a quick response. I also want to thank you for your efforts in trying to find information regarding Reynold Howell. I am working exclusively on this project and am at it from sun up to sun down and have read hundreds of books and articles trying to piece this all together. It is like a goldmine that just keeps producing. I have a great deal more information regarding the Howell family if you are interested. I am currently attempting to write a historic account that will include the biographies of these early settlers. I have been able to tie several signers of the Declaration of Independence and the Constitution to my family through marriages between Stockton and Howell and Reed and Howell. I have also traveled to Philadelphia and located the burial site of Richard Lewis Howell the Great grandson of Reynold Howell. He is buried at Christ Church Cometary only a few yards away from Benjamin Franklin. Richard L. Howell was with General Pike when he was mortally wounded and held him in his arms as he passed. I live in Virginia and plan to visit Newark in the near future to do further research. It would be of great interest to me to speak with anyone having any knowledge of the events that let to the founding of Newark. I have a website I would be happy to share with you but it is password protected until I am able to support my information to my satisfaction. I do not want to open it to the public at this point because I do not want to contribute to all the misinformation floating around in cyberspace. If you will email me I will be happy to give you the password so that you can see for yourself the very impressive line descending from Reynold Howell.
Thanks again!
Berry Henderson
October 17th, 2007 at 8:18 am
I want to make a couple of corrections to my first response.
The first is that Lewis Howell died from a fever and not a wound received in battle. He did die while commissioned Surguon in the Continental Army. There is actually a very interesting story about Richard being granted leave to visit his twin brother before he passed. Evidently, Major Richard Howell was granted leave and was able to transfer his command to his Capitan. The Captain made some remark about Richard leaving out of fear. Major Howell overhearing the Captains remark Major Howell dressed in an enlisted uniform and fought alongside his own men and neglected to visit his brother before he died. General Washington on hearing about the bravery in which Major Howell fought during the battle summoned Major Howell and scolded him for not being with his brother when he died but then praised him for his bravery. It was Richard Howell who received a wound from battle but survived the wound.
The second correction I would like to make is that the tea burning I mentioned took place at Greenwich, NJ not Trenton.