Page images
PDF
EPUB

aforesaid, cleare of all charges, and of our further grace certaine knowledge and meere mocon, wee have thought fitt to Erect, and wee doe hereby Erect the aforesaid Country and Islands, into a province and Seigniorie, and doe call itt Pensilvania, and soe from henceforth wee will have itt called, and forasmuch as wee have hereby made and ordeyned the aforesaid William Penn, his heires and assignes, the true and absolute Proprietaries of all the Lands and Dominions aforesaid. KNOW YEE therefore, that wee reposing special trust and confidence in the fidelitie, wisdome, Justice, and provident circumspeccon of the said William Penn, for vs, our heires and successors, Doe grant free, full and absolute power, by vertue of these presents to him and his heirs, and to his and their Deputies, and Lieutenants, for the good and happy government of the said Countrey, to ordeyne, make, enact and vnder his and their Seales to publish any Lawes whatsover, for the raising of money for the publick vse of the said province, or for any other end apperteyning either vnto the publick state peace, or safety of the said Countrey, or vnto the private vtility of perticular persons, according vnto their best discretions, by and with the advice, assent and approbacon of the freemen of the said Countrey, or the greater parte of them, or of their Delegates or Deputies, whom for the Enacting of the said Lawes, when, and as often as need shall require. WEE WILL, that the said William Penn, and his heires, shall assemble in such sort and forme as to him and them shall seeme best, and the same lawes duely to execute vnto, and upon all people within the said Countrey and limits thereof; and WEE doe likewise give and grant vnto the said William Penn, and his heires, and to his and their Deputies and Lieutenants, such power and authoritie to appoint and establish any Judges, and Justices, magistrates and officers whatsoever, for what causes soever, for the probates of wills and for the granting of administracons within the precincts aforesaid, and with what power soever, and in such forme as to the said William Penn, or his heires, shall seeme most convenient. Alsoe, to remitt, release, pardon and abolish, whether before Judgement or after, all crimes and offences, whatsoever committed within the said Countrey, against the said Lawes, treason and wilfull and malitious murder onely excepted; and in those cases, to grant reprieves untill our pleasure may bee knowne thereon, and to doe all and every other thing and things which vnto the complete establishment of Justice vnto Courts and Tribunals, formes of Judicature and manner of proceedings doe belong, although in these presents expresse mencon bee not made thereof; and by Judges by them delegated to award processe, hold pleas and determine in all the said Courts and Tribunalls, all accons, suits and causes whatsoever, as well criminall as civill, personall, reall and mixt, which Lawes soe as aforesaid, to be published. Our pleasure is, and soe Wee enioyne, require and command shall bee most absolute and avaylable in law, and that all the Liege people and Subjects of vs, our heirs and successors, doe observe and keepe the same inviolable in those partes, soe farr as they concerne them, vnder the paine therein expressed, or to bee expressed. Provided; Nevertheles, that the said Lawes bee

consonant to reason, and bee not repugnant or contrarie, but as neere as conveniently may bee agreeable to the Lawes, statutes and rights of this our Kingdome of England, and saveing and reserving to vs, our heirs and successors, the receiving, hearing and determining of the appeale and appeales, of all or any person or persons, of, in or belonging to the territories aforesaid, or touching any Judgement to bee there made or given.-And forasmuch as in the Government of soe great a Countrey, sudden accidents doe often happen, whereunto itt will be necessarie to apply a remedie before the freeholders of the said Province, or their Delegates or Deputies can bee assembled to the makeing of Lawes, neither will itt be convenient that instantly vpon every such emergent occasion, soe greate a multitude should be called together. Therefore, for the better Government of the said Countrey, WEE WILL, and ordeyne, and by these presents for vs, our heires and successors, Doe grant vnto the said William Penn, and his heires, by themselves or by their magistrates and officers, in that behalfe, duely to bee ordeyned as aforesaid, to make and constitute, fitt and wholesome ordinances from time to time within the said Country, to bee kept and observed as well for the preservacon of the peace, as for the better government of the people there inhabiting, and publickly to notifie the same, to all persons whome the same doeth or any way may concerne, which ordinances our will and pleasure is, shall be observed inviolably within the said Province, vnder paines therein to bee expressed, soe as the said ordinances bee consonant to reason and bee not repugnant nor contrary, but soe farre as conveniently may bee agreeable with the Lawes of our kingdome of England, and soe as the said ordinances be not extended in any sort to bind, charge or take away the right or interest of any person or persons, for or in their life, members, freehold, goods or Chattells; and our further will and pleasure is, that the Lawes for regulateing and governing of propertie, within the said Province, as well for the descent and enioyment of lands, as likewise for the enioyment and succession of goods and Chattells, and likewise as to felonies, shall be and continue the same as shall bee for the time being, by the general course of the law in our Kingdome of England, vntill the said Lawes shall be altered by the said William Penn, his heires or assignes, and by the freemen of the said Province, their Delegates or Deputies, or the greater part of them. And to the End the said William Penn, or heires, or other, the Planters, Owners or Inhabitants of said Province, may not att any time hereafter, by misconstrucon of the powers aforesaid, through inadvertiencie or designe, depart from that faith and due allegiance which by the Lawes of this our Realme of England, they and all our subjects, in our Dominions and Territories, always owe vnto vs, our heires and successors, by colour of any extent or largenesse of powers hereby given, or pretended to bee given, or by force or colour of any lawes hereafter to bee made in the said Province, by virtue of any such powers. Our further will and pleasure is, that a transcript or Duplicate of all lawes which shall bee soe as aforesaid, made and published within the said province, shall within five yeares after

the makeing thereof, be transmitted and delivered to the privy Councell, for the time being, of vs, our heires and successors; and if any of the said Lawes within the space of six months, after that they shall be soe transmitted and delivered, bee declared by vs, our heires and successors, in our or their privy Councill, inconsistent with the sovereignety or lawfull prerogative of vs, our heirs or successors, or contrary to the faith and allegiance due by the legall Government of this realme, from the said William Penn, or his heires, or of the Planters and Inhabitants of the said province; and that therevpon any of the said Lawes shall bee adiudged and declared to bee void by vs, our heirs or successors, vnder our or their Privy Seale, that then, and from henceforth such Lawes concerning which such Judgement and declaracon shall be made, shall become voyd, otherwise the said lawes soe transmitted, shall remaine and stand in full force according to the true intent and meaning thereof. Furthermore, that this new Colony may the more happily increase, by the multitude of people resorting thither; THEREFORE, WEE, for vs, our heires and successors, do give and grant by these presents, power, licence and libertie vnto all the liege people and subjects, both present and future of vs, our heires and successors, excepting those who shall bee especially forbidden, to transport themselves and families vnto the said Countrey, with such convenient shipping, as by the lawes of this, our kingdome of England, they ought to vse with fitting provisions paying only the customs therefore due, and there to settle themselves, dwell and inhabitt and plant for the public and their own private advantage; AND FURTHERMORE, that our subjects may bee the rather encouraged to undertake this expedicon with ready and cheerful mindes. KNOW YEE, that wee of our especial grace, certaine knowledge and meere mocon, Doe give and grant by vertue of these presents, as well vnto the said William Penn and his heires, as to all others who shall from time to time repaire vnto the said Countrey, with a purpose to inhabitt there, or to trade with the natives of the said Country, full license to lade and freight in any Ports, whatsoever of vs, our heires and successors, according to the lawes, made, or to be made within our kingdome of England, and into the said Countrey, by them, their servants or assignes, to transport all and singular theire wares, goods and merchandizes, as likewise, all sorts of graine whatsoever, and all other things whatsoever necessary for food or cloathing, not phibited by the lawes and Statutes of our kingdomes and Dominions, to be carryed out of the said kingdomes without any lett or molestacon of vs, our heires and successors, or of any the officers of vs, our heires and successors, saveing alwayes to vs, our heires and successors, the legall impossitons, customes, and other duties and payments for the said wares and merchandize, by any law or statute due or to be due to vs, our heirs and successors. AND WEE DOE further for vs, our heires and Successors give and grant vnto the said William Penn, his heires and assignes, free and absolute power to Divide the said Countrey, and Islands, into Townes, Hundreds and Counties, and to erect and incorporate Townes into Borroughs, and Borroughs into Citties, and to

make and constitute ffaires and markets therein, with all other convenient privileges and imunities according to the merits of the inhabitants and the ffittnes of the places; & to doe all and every other thing and things touching the premises which to him or them shall seeme requisite, and meet, albeit they be such as of their owne nature might otherwise require a more especiall comandment and warrant, then in these presents is expressed. WE WILL ALSOE, and by these presents for vs, our heires and successors, WEE doe give and grant licence by this our charter, vnto the said William Penn, his heires and assignes, and to all inhabitants and dwellers in pvince aforesaid, both present, and to come to import or vnlade by themselves or their Servants, ffactors or assignes, all merchandizes and goods whatsoever, that shall arise of the fruites and comodities of the said province, either by Land or Sea, into any of the Ports of vs, our heires and successors, in our kingdome of England, and not into any other country whatsoever. And WEE give him full power to. dispose of the said goods in the said ports, and if need bee, within one yeare next after the unladeing of the same, to lade the said merchandizes and goods again into the same or other shipps, and to export the same into any other Countreys, either of our Dominions or fforreigne, according to lawe: PROVIDED alwayes, that they pay such customes and imposicons, subsidies and duties for the same to vs, our heires and successors, as the rest of our subjects of our kingdome of England, for the time being shall be bound to pay, and doe observe the acts of Navigation and other lawes in that behalfe made. AND FURTHERMORE, of our more ample and especiall grace, certaine knowledge and meere motion, WEE DOE, for vs, our heires and successors, Grant vnto the said William Penn, his heires and assignes, full and absolute power and authoritie, to make, erect and constitute within the said province, and the Isles and Isletts aforesaid, such and soe many Seaports, harbours, Creeks, Havens, Keyes and other places, for discharge and vnlading of goods, & merchandize out of the shipps, boates and other vessells, and Ladeing them in such and soe many places, and with such rights, Jurisdiccons, liberties and privileges unto the said ports, belonging as to him or them, shall seeme most expedient, and that all and singuler the shipps, boates and other vessells, which shall come for merchandize and trade, vnto the said pvince, or out of the same shall depart, shall be laden or vnladen onely att such ports as shall be erected and constituted by the said William Penn, his heires and assignes, any vse, custome or other thing to the contrary notwithstaning: PROVIDED, that the said William Penn and his heires, and the Lieutenants and Governors for the time being, shall admitt and receive in and about all such ports, havens, Creeks and Keyes, all officers and their Deputies, who shall from time to time be appointed for that purpose, by the ffarmers or Commissioners of our customes, for the time being. AND WEE DOE further appoint and ordaine, and by these presents for vs, our our heires and successors, WEE DOE grant vnto the said William Penn, his heires and assignes, that he the said William Penn, his heires and assignes, may from time to time forever, have and enjoy

the customes and subsidies in the ports, harbours and other Creeks, and places aforesaid, within the pvince aforesaid, payable or due for merchandizes and wares, there to be laded and vnladed, the said customes and subsidies to be reasonably assessed, vpon any occasion by themselves, and the people there as aforesaid, to be as sembled to whom WEE give power, by these presents for vs, our heires and successors, vpon iust cause, and in a due pporcon, to assesse and impose the same, saveing vnto vs, our heires and successors, such imposcons and customes as by act of parliament are and shall be appointed; and it is our further will and pleasure, that the said William Penn, his heires and assignes, shall from time to time constitute and appoint an attorney or agent, to reside in or near our Citty of London, who shall make knowne the place where he shall dwell or may be found, vnto the Clerks of Our privy Counsell, for the time being, or one of them, and shall be ready to appeare in any of our Courtts att Westminster, to answer for any misdemeanors that shall be comitted, or by any wilfull default or neglect pmitted by the said William Penn, his heirs or assignes, against our Lawes of Trade or Navigacon, and after it shall be ascertained in any of the our said Courts, what damages WEE or our heires or successors shall haue sustained, by such default or neglect, the said William Penn, his heires and assignes, shall pay the same within one yeare after such taxacon and demand thereof, from such attorney, or in case there shall be noe such attorney, by the space of one yeare, or such attorney shall not make payment of such damages, within the space of one yeare, and answer such other forfeitures and penalties within the said time, as by the acts of parliament in England, are or shall be pvided, according to the true intent and meaning of these presents: Then it shall be lawfule for vs, our heirs and successors, to seize and Resume the government of the said pvince or Countrey, and the same to retaine until payment shall be made thereof. But notwithstanding any such seizure or resumption of the Government, nothing concerning the propriety or ownership of any Lands, Tenements or other hereditaments, or goods, or chattels of any of the adventurers, Planters or owners, other than the respective offenders there shall be any way affected or molested thereby: PROVIDED alwayes, and our will and pleasure is that neither the said William Penn, nor his heires, nor any other the inhitants of the said pvince, shall at any time hereafter haue or maintain any correspondence with any other king, prince or State, or with any of their subjects, who shall then be in warr against vs, our heires or successors; Nor shall the said William Penn, or his heires, or any other the inhabitants of the said pvince, make warre or doe any act of hostilitie against any other king, prince or state, or any of their subjects, who shall then be in league or amity with vs, our heires or successors. And because in soe remote a Countrey, and scituate neare many Barbarous Nations, the incursions as well of the savages themselues, as of other enemies, pirates and Robbers, may pbably be feared. Therefore, WEE have given and for vs, our heires and successors, Doe give power by these presents unto the said William

« PreviousContinue »