Benjamin Franklin | Rewitnessing a John Penn–Isaac Norris indenture

Benjamin Franklin

Manuscript endorsement signed ("BFranklin," with paraph and paper seal over wax) as justice of the peace, [Philadelphia,] 15 September 1753, at the foot of a manuscript indenture bond, [Philadelphia,] 9 August 1735, indemnifying Isaac Norris and his heirs from any legal redress pertaining to the transfer of a 12,000 acre estate purchased for £4000 by John Penn from Norris, signed and sealed by John Penn, countersigned by witnesses Peter Lloyd, John Georges, and Charles Brockden, 2 pages (433 x 283 mm) on a full-sheet bifolium of laid paper (watermarked shield L G), docketed on verso of integral blank “Obligation John Penn Prop &c. to Isaac Norris”; verso of integral blank lightly browned, very minor loss at intersecting folds, not affecting text.

The present document refers to an earlier indenture where the actual purchase of the 12,000-acre trace was recorded. Evidently the conditions referred to in the indenture, or its authenticity, came under scrutiny during the settling of the estate of Isaac Norris, who died in June 1735. Three months later—albeit more than eighteen years after the original bond was signed—Benjamin Franklin affirms that original witness Charles Brockden has confirmed that he was present when the document was signed:

“This fifteenth Day of September in the year one thousand seven hundred and fifty three Before me Benjamin Franklin——Esqr. one of the Justices &c came Charles Brockden of the City of Philadelphia Gent. and upon his Solemn Affirmation according to Law did declare and say That he was personally present and did see the above named John Penn seal and as his Act and Deed Deliver this Bond or Writing obligatory and that the Name of him this Affirmant thereunto subscribed as one of the Witnesses of such Sealing and Delivery thereof is of his this Affirmants own Hand Writing In Witness whereof I have hereunto set my Hand and Seal the Day and Year aforesaid.”

Documents signed by Franklin as a justice of the peace are quite uncommon because he served in the office only a few years. He was first appointed in 1749, but he recalled in his autobiography, “The office of justice of the peace I try’d a little, by attending a few courts, and sitting on the bench to hear causes; but finding that more knowledge of the common law than I possess’d was necessary to act in that station with credit, I gradually withdrew from it, excusing myself by my being oblig’d to attend the higher duties of a legislator in the Assembly. ”

Charles Brockden was himself a justice of the peace and a recorder of deeds; he witnessed Franklin’s articles of agreement with David Hall, 1 January 1748.