The Problem with Owning Land as a German in Colonial Pennsylvania

Non-British residents of the Pennsylvania colony did not have the same rights as British citizens, especially when it came to land ownership. “The Board taking into Consideration the Circumstances of those People [Palatines arriving in 1717] in Relation to their holding Lands in the Dominions of Great Britain, were asked if they understood the disadvantage they were under by Reason of their being born Aliens, that therefore their Children were uncapable of Inheriting what they purchased, according to the English laws…”¹ The board members informed them about a law passed in 1700 (see below) and told them that if they were to petition the Assembly, they might be granted the same privileges.

[Section X.] Be it further enacted by the authority aforesaid, That if any alien who is or shall be a purchaser, or who doth or shall inhabit in this province or territories thereof, shall decease at any time before he can well be naturalized, his right and interest therein shall notwithstanding descend to his wife and children or other his relations, be he testate or intestate, according to the laws of this province and territories thereof in such cases provided, in as free and ample manner to all intents and purposes as if the said alien had been naturalized.²

They had petitioned for the privileges as early as 1721 (just four years after the application for land warrants for those who’d arrived in 1717), but it was not passed until 14 October 1729 when they were naturalized.³ The following spring an act was passed granting them the privileges of a “natural-born subject” of Britain.

An Act for the Better Enabling Divers Inhabitants of the Province of Pennsylvania to Hold Lands, and to Invest Them with the Privileges of Natural-Born Subjects of the Said Province

Whereas by the encouragement given by the Honorable William Penn, Esquire, late proprietary and governor of the province of Pennsylvania, and by the permission of his late Majesty, King George the First, of blessed memory, and his predecessors, Kings and Queens of England, &c., divers Protestants who were subjects to the Emperor of Germany, a prince in amity with the Crown of Great Britain, transported themselves and estates into the province of Pennsylvania between the years one thousand seven hundred and one thousand seven hundred and eighteen, and since they came hither have contributed very much to the enlargement of the British Empire and to the raising and improving sundry commodities fit for the markets of Europe, and have always behaved themselves religiously and peaceably, and have paid a due regard and obedience to the laws and government of this province.

And whereas many of the said persons, to wit, Martyn Mylin, Hans Graaf, Christian Stoneman, Jacob Funk, Francis Neiff, Francis Neiff, Junior; George Kendick, John Burkholder, John Burkholder, Junior; Abraham Burkholder, Michael Bohman, John Hess, John Frederick, Christopher Preniman, Martin Harnist, Joseph Buckwalter, Felix Landas, Junior; Adam Preniman, John Funk, John Bohman, John Taylor, Henry Neiff, Michael Mire, Henry Bare, Peter Bumgarner, Melchor Hufford, Melcor Erishman, John Brubaker, Jacob Nisley, Jacob Snevely, Jacob Goot, John Woolslegle, Jacob Mire, Christopher Sowers, Joseph Stoneman, Daniel Ashleman, Christian Peelman, John Henry Neiff, John Henry Neiff, Junior; Abraham Hare, John Ferie, Jacob Biere, Peter Yordea, Peter Leamen, John Jacob Snevely, Isaac Coffman, Andrew Coffman, Woolrick Rodte, Henry Funk, Roody Mire, John Mylin, Jacob Bheme, John Coffman, Michel Doneder, Charles Christopher, Andrew Schults, John Howser, Christian Preniman, Jacob Miller, black; Henry Carpenter, Emanuel Carpenter, Gabriel Carpenter, Daniel Herman, Christian Herman, Philip Fiere, Mathias Slaremaker, big John Shank, Jacob Churts, Jacob Snevely, Junior; John Woolrick Houver, John Croyder, John Leeghte, John Hampher, Martyn Graaf, Peter Smith, Peter Newcomat, Jacob Bare, Junior; John Henry Bare, Jacob Weaver, Henry Weaver, John Weaver, David Longanickar, George Weaver, Abraham Mire, Woolrick Houser, John Mire, Henry Musselman, Michael Shank, Jacob Miller, Jacob Miller, Junior; Martin Miller, Peter Aybe, Hans Goot, Christian Staner, John Jacob Light, Adam Brand, Christopher Franciscus, Caspar Loughman, Frederick Stay, John Line, John Shwope, Bastian Royer, Jonas Lerow, Simeon King, John Aybe and Everard Ream, all of Lancaster county in the said province; and John Negley, Bernard Ressor, John Wistor, John Frederick Ax, John Philip Bohm, Anthony Yerkhas and Herman Yerkhas, of the county of Philadelphia in the same province, in demonstration of their affection and zeal for his present Majesty’s person and government, qualified themselves by taking the qualification and subscribing the declaration directed to be taken and subscribed by the several acts of Parliament made for the security of His Majesty’s person and government and for preventing the dangers which may happen by Popish recusants, &c., and thereupon have humbly signified to the governor and the representatives of the freemen of this province, in general assembly met, that they have purchased [and do hold] lands of the proprietary and others His Majesty’s subjects within this province, and have likewise represented their great desire of being made partakers of those privileges which the natural-born subjects of Great Britain do enjoy within this province, and it being just and reasonable that those persons who have bona fide purchased lands and who have given such testimony of their affection and obedience to the Crown of Great Britain should as well be secured in the enjoyment of their estates as encouraged in the laudable affection and zeal for the English constitution:

[Section I.] Be it enacted by the Honorable Patrick Gordon, Esquire, [Lieutenant-] Governor of the Province of Pennsylvania, &c., by and with the advice and consent of the freemen of the said Province in General Assembly met, and by the authority of the same, That Martyn Mylin, Hans Graaf, Christian Stoneman, Jacob Funk, Francis Neiff, Francis Neiff, Junior; George Kindick, John Burkholder, John Burkholder, Junior; Abraham Burkholder, Michael Bohman, John Hess, John Frederick, Christopher Preniman, Martin Harnist, Joseph Buckwalter, Felix Landas, Junior; Adam Preniman, John Funk, John Bohman, John Taylor, Henry Neiff, Michael Mire, Henry Bare, Peter Bumgarner, Melcor Hufford, Melcor Erishman, John Brubaker, Jacob Nisley, Jacob Snevely, Jacob Goot, John Woolslegle, Jacob Mire, Christopher Sowers, Joseph Stoneman, Daniel Ashleman, Christian Peelman, John Henry Neiff, John Henry Neiff, Junior; Abraham Hare, John Ferie, Jacob Biere, Peter Yordea, Peter Leamon, John Jacob Snevely, Isaac Coffman, Andrew Coffman, Woolrick Rodte, Henry Funk, Roody Mire, John Mylin, Jacob Bheme, John Coffman, Michael Doneder, Charles Christopher, Andrew Schults, John Howser, Christian Preniman, Jacob Miller, black; Henry Carpenter, Emanuel Carpenter, Gabriel Carpenter, Daniel Herman, Christopher Herman, Philip Fiere, Mathias Slaremaker, big John Shank, Jacob Churts, Jacob Snevely, Junior; John Woolrick Houver, John Croyder, John Leeghte, John Hampher, Martyn Graaf, Peter Smith, Peter Newcomat, Jacob Bare, Junior; John Henry Bare, Jacob Weaver, Henry Weaver, John Weaver, David Longanickar, George Weaver, Abraham Mire, Woolrick Houser, John Mire, Henry Musselman, Michael Shank, Jacob Miller, Jacob Miller, Junior; Martin Miller, Peter Aybe, Hans Goot, Christian Staner, John Jacob Light, Adam Brand, Christopher Franciscus, Caspar Loughman, Frederick Stay, John Line, John Shwope, Bastian Royer, Jonas Lerow, Simeon King, John Aybe, Everard Ream, John Negley, Bernard Ressor, John Wister, John Frederick Ax, John Philip Bohm, Anthony Yerkhas and Herman Yerkhas be and shall be to all intents and purposes deemed, taken and esteemed His Majesty’s natural-born subjects of this province of Pennsylvania as if they and each of them had been born within the said province, and shall and may and every of them shall and may within this province take, receive, enjoy and be entitled to all rights, privileges and advantages of natural-born subjects as fully to all intents, constructions and purposes whatsoever as any of His Majesty’s natural-born subjects of this province can, do or ought to enjoy by virtue of their being His Majesty’s natural-born subjects of His Majesty’s said province of Pennsylvania.

Passed February 14, 1729/30. Apparently never considered by the Crown, but allowed to become a law by lapse of time, in accordance with the proprietary charter.⁴

The 1729/30 statute granted all the rights of a citizen, regarding their land, to those Mennonites who had been naturalized in 1727/8, but had been in Pennsylvania since prior to 1718.

• Category: Documents, Law
• Tag: Hoover Surname Study, Land Records, Law