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Penn, his heires and assignes, by themselues or their Captaines or other, their officers to levy, muster and traine all sorts of men, of what condicon, or wheresoever borne, in the said prince of Pensyl. vania, for the time being, and to make warr and pursue the enemies and Robbers aforesaid, as well by Sea as by Land, yea, even without the Limits of the said pvince, and by God's assistance to vanquish and take them, and being taken, to put them to death by the law of Warr, or to save them att theire pleasure, and to doe all and every other act and thing, which to the charge and office of a Captaine generall of an Army, belongeth or hath accustomed to belong, as fully and ffreely as any Captaine Generall of an Army, hath ever bad the same. AND FURTHERMORE, of our especiall grace and of our certaine knowledg and meere motion, WEE have given and granted, and by these presents for vs, our heires and successors, Doe give and grant vnto the said William Penn, his heires and assignes, full and absolute power, licence and authoritie, That he the said William Penn, his heires and Assignes, from time to time. hereafter forever, att bis or theire will and pleasure, may assigne, alien, grant, demise or inffeoffe of the premises, soe many, and such . partes and parcells to bim or them, that shall be willing to purchase the same, as they shall thinke ffitt. TO HAVE AND TO HOLD to them, the said person and persons willing to take or purchase, theire heires and assignes, in ffee simple or ffeetaile, or for the term of life, or liues, or yeares, to be held of the said William Penn, bis heires and assignes as of the said Seigniory of Windsor, by such services, customes and rents, as shall seeme fitt to the said William Penn, bis heires and assignes, and not imediately of vs, our heires and successors, and to the same person or persons, and to all and every of them, WEE DOE give and grant by these presents, for vs, our heires and successors, Licence, authoritie and power, that such person or persons may take the premisses or any parcell thereof, of the aforesaid William Penn, his heires or assignes, and the same hold to themselues, their heires and assignes, in what estate of inheritance soever, in ffee simple or in ffeetaile or otherwise, as to him the said William Penn, his heires and assignes, shall seem expedient. The Statutes made in the parliament of Edward, sonne of king Henry, late king of England, our predecessor, commonly called the Statute Qui Emptores terrarum, lately published in our kingdome of England, in any wise notwithstanding, and by these presents, WEE give and grant licence vnto the said William Penn, and his heires, likewise to all and every such person and persons to whom the said William Penn, or his heires, shall at any time hereafter, grant any estate of inheritance as aforesaid, to erect any parcells of Land within the prince aforesaid, into mannors, by and with the licence to be first had and obteyned for that purpose ynder the hand and seale of the said William Penn, or his heires, and in every of the said mannors, to haue and to hold a Court Baron, with all things whatsoever, which to a Court Baron do belong; and to haue and to hold view of ffrankpledge, for the conservacon of the peace, and the better government of those parties by themselves or their Stewarts, or by the Lords for
the time being, of other mannors to be deputed when they shall be erected, and in the same to vse all things belonging to view of ffrankpledge; and WEE doe further grant licence and authoritie that every such person and persons, who shall erect any such mannor or mannors as aforesaid, shall or may grant all or any parte of his said lands to any person or persons, in ffee simple or any other estate of inheritance, to be held of the said manpors respectively, soe as noe further tenures shall be created, but that ypon all further and other alienacons thereafter, to be made the said lands soe aliened, shall be held of the same Lord and his heires, of whom the alien did then before hold, and by the like rents and services, which were before due and accustomed. And further, our pleasure is and by these presents for vs, our heires and successors, WEE doe Covenant and grant to and with the said William Penn, and his heires and assignes, that WEE, our heires and successors, shall att no time hereafter sett or make, or cause to be sett, apy imposicon, custome or other taxacon, rate or contribucon whatsoever, in and upon the dwellers and inhabitants of the aforesaid pvince, for their lands, tenements, goods or chattels, within the said province, or in and vpon any goods or merchandize within the said pvince, or to be laden or vnladen within the ports or harbours of the said pvince, ynles the same be with the consent of the pprietary, or chiefe Governor and Assembly, or by act of parliament in England. And our pleasure is, and for us our heires and successors, WEE charge and comand, that this our Declaracon, sball from henceforward be received, and allowed from time to time in all our Courts, and before all the Judges of vs, our beires and successors, for a sufficient and lawful discharge, payment and acquittance, comanding all and singular the officers and ministers of vs, our heires and successors, and enjoyneing them vpon paine of our high displeasure, that they doe not presume att any time to attempt any thing to the contrary of the premises, or that they doe in any sort withstand the same, but that they bee att all times aiding and assisting as is fitting vnto the said William Penn, and bis heires, and to the inbabitants and merchants of the prince aforesaid, their servants, ministers, ffactors and assignes, in the full vse and fruition of the beneffitt of this our Charter : And our further pleasure is, And WEE doe hereby, for vs, our heires and successors, charge and require that if any of the inhabitants of the said pvince, to the pumber of Twenty, shall att any time hereafter be desirous, and shall by any writeing or by any person deputed for them, signify such their desire to the Bishop of London, that any preacher or preachers to be approved of by the said Bishop, may be sent vnto them for their instruccon, that then such preacher or preachers, shall and may be and reside within the said pvince, without any Deniall or molestacon whatsoever; and if pchance it should happen hereafter, any doubts or questions should arise concerneing the true sence & meaning of any word clause or sentence, conteyned in this our present charter, WEE WILL ordaine and comand, that att all times and in all things such interpretacon be made thereof, and allowed in any of our Courts whatsoever, as shall be adiudged most advantageous and favourable unto the said William Penn, his heires and assignes : PROVIDED alwayes that no interpretacon be admitted
sors, may suffer any preiudice or diminucon, although expres mencon be not made in these presents, of the true yearly value or certainty of the premisses, or of any parte thereof, or of other guifts and grants made by vs, our pgenitors or predecessors, vnto the said William Penn, or any Statute, act, ordinance, pvision, pclamacon or restraint heretofore, had made, published, ordained or pvided, or any other thing, cause or matter whatsoever to the contrary thereof, in any wise notwithstanding. In Witness whereof WEE have caused these our letters to be made patents, Witness our selfe at Westminster, the fourth day of March, in the three and thirtieth yeare of our Reigne.
PIGOTT. By Writt of privy Seale.
JOHN SHALER, chp'. xxvij die Janry, 1682, Fir.
CERTAIN CONDITIONS OR CONCESSIONS,
Province of Pennsylvania and those who are the adventurers and purchasers in the same province the Eleventh of July, one thousand six hundred and eighty-one.
First. That so soon as it pleaseth God that the above said persons arrive there, a quantity of land or Ground plat shall be laid out for a large Town or City in the most convenient place upon the River for health and navigation; and every puchaser and adventurer shall by lot bave so much land therein as will answer to the proportion which he hath bought or taken up upon rent. But it is to be noted that the surveyors shall consider what Roads or Highways will be necessary to the Cities, Towns, or through the lands. Great roads from City to City not to contain less than forty feet in breadth shall be first laid out and declared to be for highways before the Dividend of acres be laid out for the purchaser, and the like observation to be had for the streets in the Towns and Cities, that there may be convenient roads and streets preserved not to be encroached upon by any planter or builder that none may build irregularly to the damage of another. In this custom governs.
Secondly. That the land in the Town be laid out together after the proportion of ten thousand acres of the whole country, that is two hundred acres, if the place will bear it: However that the proportion be by lot and entire so as those that desire to be together, especially those that are by the catalogue laid together, may be so laid together both in the Town & Country.
Thirdly. That when the Country lots are laid out, every purchaser from one thousand to Ten thousand acres or more, not to have above One thousand acres together, unless in three years they plant, a family upon every thousand acres; but that all such as purchase together, lie together; and if as many as comply with this Condition, that the whole be laid out together.
Fourthly. That where any number of purchasers, more or less, whose number of acres amounts to Five or ten thousand acres, desire to sit together in a lot or Township, they shall have their lot or Township cast together, in such places as have convenient Harbours or navigable rivers attending it, if such can be found, and in case any one or more Purchasers plant not according to agreement, in this concession to the prejudice of others of the same Township upon complaint thereof, made to the Governor or bis deputy, with assistance they may award (if they see cause) that the complaining purchaser may, paying the survey money, and purchase money, and Interest thereof, be entitled, inrolled, and lawfully invested in the lands so not seated.
Fifthly. That the proportion of lands that shall be laid out in the first great Town or City, for every purchaser, shall be, after the proportion of Ten acres, for every Five hundred acres purchased, if the place will allow it.
Sixthly. That notwithstanding there be no mention made in the several Deeds made to the purchasers, yet the said William Penn, does accord and declare, that all Rivers, Rivulets, Woods and Underwoods, Waters, Watercourses, Quarries, Mines and Minerals, (except mines Rogal,) shall be freely and fully enjoyed and wholly by the purchasers into whose lot they fall.
Seventhly. That for every Fifty acres that shall be allotted to a servant, at the end of his service, his Quitrent shall be two shillings per annum, and the master or owner of the Servant, when he shall take up the other Fifty acres, his Quitrent shall be Four shillings by the year, or if the master of the servant, (by reason of the Indentures he is so obliged to do,) allot out to the Servant Fifty acres in his own Division, the said master shall bave on demand allotted him from the Governor, the One hundred acres, at the chief rent of Six shillings per annum.
Eighthly. And for the encouragement of such as are ingenious, and willing to search out Gold and silver mines in this province, it is hereby agreed that they have liberty to bore and dig in any man's property, fully paying the damage done, and in case a Discovery should be made, that the discoverer have One Fifth, the owner of the soil (if not the Discoverer) a Tenth part, the Governor Two Fifths, and the rest to the public Treasury, saving to the king the sbare reserved by patent.
Ninthly. In every hundred thousand acres, the Governor and Proprietary by lot reserveth Ten to himself, which shall lie but in one place.
Tenthly. That every man shall be bound to plant or man so much of his share of Land as shall be set out and surveyed within three years after it is so set out and surveyed, or else it shall be lawful for new comers to be settled thereupon, paying to them their sarvey money, and they go up higher for their shares.
· Eleventhly. There shall be no buying and selling, be it with an Indian, or one among another of any Goods to be exported but what shall be performed in public market, when such place shall be set apart or erected, where they shall pass the public Stamp or Mark. If bad ware and prized as good, or deceitful in proportion or weight, to forfeit the value as if good, and full weight and proportion to the public Treasury of the Province, whether it be the merchandize of the Indian or that of the Planters.
Twelfthly. And forasmuch as it is usual with the planters to overreach the poor natives of the Country in Trade, by Goods not being good of the kind, or debased with mixtures, with which they are sensibly aggrieved, it is agreed, whatever is sold to the Indians, in consideration of their furs, shall be sold in the market place, and there suffer the test, whether good or bad ; if good to pass; if not good, not to be sold for good, that the natives may not be abused nor provoked.
Thirteenthly. That no man shall by any ways or means, in word or deed, affront or wrong any Indian, but he shall incur the same penalty of the Law, as if he had committed it against his fellow planters; and if any Indian shall abuse, in Word or Deed, any planter of this province, that he shall not be his own Judge upon the Indian, but he shall make his complaint to the Governor of the province, or his Lieutenant or Deputy, or some inferior magistrate near him, who shall, to the utmost of his power, take care with the king of the said Indian, that all reasonable Satisfaction be made to the said injured planter.
Fourteenthly. That all differences between the Planters and the natives shall also be ended by Twelve men, that is, by Six planters and Six natives, that so we may live friendly together as much as in us lieth, preventing all occasions of Heart burnings and mischief.
Fifteenthly. That the Indians shall have liberty to do all things relating to improvement of their Ground, and providing sustenance for the families, that any of the planters shall enjoy.
Sixteenthly. That the laws as to Slanders, Drunkenness, Swear. ing, Cursing, Pride in apparel, Trespasses, Distresses, Replevins, Weights and measures, shall be the same as in England, till altered by law in this province.
Seventeenthly. That all sball mark their hogs, sheep and other cattle, and what are not marked within three months after it is in their possession, be it young or old, it shall be forfeited to the Governor, that so people may be compelled to avoid the occasions of much strife between Planters.
Eighteenthly. That in clearing the ground, care be taken to leave One acre of trees for every five acres cleared, especially to preserve oak and mulberries, for silk and shipping.
Nineteenthly. That all ship masters shall give an account of their Countries, Names, Ships, Owners, Freights and Passengers, to an officer to be appointed for that purpose, which shall be registered within Two days after their arrival; and if they shall refuse so to do that then none presume to trade with them, upon forfeiture,