yith you, in Behalf of this and all his
Majefty's Governments in America^ which you
know has always been kept bright and clean,
without any of the leaft Stain or Ruft, and which
by this Belt I ftrengthen. [Gave a Belt.]
*' Children, My meeting you here, befides re-
newing the Covenant Chain, is with Intention
that you fhould join your Force with ours, by
taking up the Hatchet againft our and your com-
mon Enemies the French, and their Indian ;
who have in a very unmanly Manner, by fculk-
ing Parties, murdered in cold Blood, many ot
your Brethren in this and the Province ot the
Majjachufefs-Bay.
" " This
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Five Indian Nations, &c.
" This Behaviour lays us under a Necelfity of
making Reprifals on them in like Manner, in
which I make no doubt of your AlTiftance i and
we are rcfolved to take a thorough Revenge of
our and your perpetual Enemies, by ri^ducing
the Country of Canada, that it may not be in
the Power of thefe perfidious, deceitful, and
cruel People, to do you or us any Injury for
the future : For which Purpofe all the neigkbour-
ing Colonies, together with many Ships of War
and Soldiers from Grtat-Britain^ are relblved to
unite their Force, a«d to attack Canada in all
Parts, both by Sea and Land ; and I make no
doubt, you will on this Occafion fhew yourfelves
dutiful Children, in joining heartily with us and
the Six Nations, in this glorious Enterprize ; by
which you will not only gain Honour and Re-
nown, but alfo Safety and Profperity to your-
felves, your Wives, and Children for ever after-
wards : And for which End I will furnilh your
fighting Men with Arms, Ammunition, Cloath-
ing, Provifions, and every Thing neceflTaiy for
the War." \Gave a fFar-Belt.]
183
\f
On the 26th they gave their Anfwer, which was
interpreted in the following Words ; (the fame
Perfons being prefent, that were when the Gover-
nor's Speech was delivered to them.)
Father,
Tf/'E are glad to fee you ; and we are come to re-
new the Covenant Chain, and make it faft and
bright as ever, and free from Ruft^ and as a T'oken
thereof we give you this Belt. [Gave a Belt. ]
Father, JTou have told us what Mifchief the
French have done, and what Murders upon the Chrif-
tians they have committed -, therefore we declare from
our Hearts, and not from our Lips only, that as you
have ordered us to fhed the Enemies Blood in Return
N 4 for
I' !■
%
ll
11 :
;i
V
184 The History of the
for what they have done, we are refolved to live and
die with you in the common Caufe.
When yon Chriftians are at War, you make Peace
with one another, but it is not fo with us, therefore
we depend upon you to take Care of us -, in Confidence
of which, we now take up the Hatchet, and will
make Ufe of it againft the French, and their Indians.
[Gave a Belt with a Hatchet.]
After their Anfwer they began the War-Dance,
and his Excellency ordered a confiderable Prefent
in Goods to be publickly given them. None of
thefe are fufpeded to be under French Influence.
As there was no Advice of the Arrival of the
Fleet, and no Plan of Operations agreed on in Cafe
the Fleet did not arrive, the fupporting of about
feven hundred Indians was a great Expence to his
Excellency, for which he had no Allowance from
the Province of New-Tork, or for any other Charge
attending this Treaty : And as many of the Indi-
ans, (above twenty) had got the Small-pox, it be-
ing impradlicable to prevent their going into Town,
or converfing with the Town's People, ^nd the In-
dians becom'"2 uneafy by Reafon of the Sickncf';
of many, and Death of fome ; his Excellency
thought it moft prudent to difmifs them as foon as
poffible from this Place, and to give Orders to Mr.
Johnfon, to fend out feveral Parties from Schene^fadc,
or his own Settlement near the lower Mohazvk
Caftle, to harrafs the French Settlements in Canada \
and for that Purpofe delivered to him Cloathing,
Arms and Ammunition, to be given to the fight-
ing Men, as his Excellency had promifed them
whenever they entered on Service, and impowered
him to furnifh them with Provifions, and whatever
Neceflaries they fliould want.
Before they went, his Excellency fent to them,
to defire them to leave their Sick, with a Promife
to take all Care poflible of them, and that he would
order
Five Indian Nations, (Sc,
order Phyficians to attend them. They were very
fenfible of this Kindnefs, and acknowledged it;
but not above two or three could be prevailed to
ftay, who were fo ill that they could not be re-
moved : All polTible Care was taken of the other
Sick, in the Waggons which carried them to
kheneSlade.
On the 26th of September^ the Captains Staats
and Vromeriy brought the Indians living on the
Branches of the Sufquehannab River ; they came in
I the Indian Order, marching in a fingle Line one
after the other, and as they paffed the Fort, fa-
luted by a running Fire along the Line-, which
Salute the Governor ordered to be returned;, by a
|Difcharge of fome Cannon from the Fort.
On Monday the 8th of the fame Month his Ex-
Icellency fpoke to them, telling them the Sub-
Itance of what he had ordered to be faid to the
\h Nations, and their Anfwer ; and as this has
been fet forth at Length before, it is needlefs to
repeat what was then faid. The Reafon of his Ex-
cellency's fpeaking to them in this Manner was,
beca'ife thefe Nations living on the Sufquehannab
R'ver and its Branches, are known to be Depen-
I dents on the Six Nations.
The next Day they gave their Anfwer ; the Gen-
Idemen of the Council, the Commiflioners for /«-
iian Affairs, the Corporation of Albany^ the Officers
of the four Independent Companies, and f^veral
I Officers of the new Levies, and other Gentlemen
being prefent, as they were when his Excellency
I fpoke to the Indians: Their Anfwer was publickly
I interpreted as as follows •,
Brother of New-Tork,
IITE live at Ohguago •, what News you fend to
the Six Nations is not truly reported to us, nor
\vohat the Governor of CanadsL fends to them -, we have
\not been properly taken Notice of, nor timely acquaint-
ed
185
I i
":m
II,
'if %
1^
..I
M
it J
V <
m
(i*
11
l86 The History of the
ed witb your Deftgn to treat with the Six Nations,
till near the Time that your Interview with them wasl
over; otherwife we Jhould have readily come alonA
with themy to hear what our Brother had to propofel
to us ', and if we had received earlier Notice^ a much]
larger Number of our fighting Men would have comt\
along with us : Our Settlements are fcattering, and]
fome of them at a great Diftance from others ^ and many]
of our Men are from Home a hunting ; we have\
howrjer, fent the Belt of Invitation forward to thofel
who live at a greater Diftance, that they maj be ahk\
at the Time appoint ed, to come and join us in the War\
as by your Belt we were defired.
Brother, You Tefterday informed us of what yo!i\
hadfaid to the Six Nations, and their Anfwer -, we\
are grieved that the Six Nations have not already]
made ufe of the Hatchet , but have hitherto kept it Im
them, and have not fent out their young Men to re-
venge the Murders which have been committed by tht\
Enemy,
We are refolved to tnake ufe of the Hatchet againfiX
the French, to revenge the Injuries done to you am
your People, our Brethren.
We have received at 'Times very different Kind of
News from the Six Nations, fometimes it feemed asif
the French, would le,Mafters', but it cannot be {o A
they are a deceitful People, and cannot be trufted-A
they make fair Promifes^ and have no Intention m
perform them ; they flatter themfelves with Hopes to],
be Mafters, but they floall be difappointed ; for wt\
Jhall keep the Hatchet firmly in our Hands, and art\
refolved to make Ufe of it.
We know feveral Roads that lead to Canada, 'J^t\
want to fee the Hatchet, that we may take it up.
Upon which his Excellency threw down ai
Hanger, which the Speaker took up and began]
the War-Dance, and feveral others danced the fame]
after him.
After]
Five Indian Nations, ^c.
After which they defircd his Excellency to take
Care of them, as he had promifed.
His Excellency returned tliem Thanks for their
fo readily taking up the Hatchet -, he laid, that he
would prefently fet the War-Kettle over the Fire»
and provide them with every Thing necclTary for
the War. His Excellency gave them a handfome
Prefent in publick for their Nations in general, and
private Prefents to their principal Sachems ; one of
which promifed, that after his return Home, he
would go round all the Indian Settlements, to in-
vite them into the War againft the Frenchy and their
Iniians ; and that he did not doubt to be able to
bring fix hundred Men from the Indian Settlements
on the Sufquebannab River and its Branches, to
march at any Time, and to any Place, his Excel-
lency (hould appoint, in order to join the Forces in-
tended againft Canada \ in the mean Time they
would caufe a Party of their Men to go out with
liis Men to fcour the Woods, and clear them of
the Frencb fculk i Indians.
About this Time, a Serjeant of Capt. Living-
^lon'% Company was furprized and killed by a fculk-
ing Party of Frencb Indians : In a few Minutes af-
ter the Account of this came to his Excellency, who
kppened to be dining at that Time in Capt. IVrex-
ih Tent, fourteen of the Sufquebannab Indians
were obferved running paft the Tent, in order to
crofs the River, and meet the Frencb Indians \
which his Excellency obferving, and being appre-
henfive that they might meet with fome of the
Parties of the new Levies that were gone out for
the fame Purpofe, and that they might be in Dan-
ger of being attacked through MiiSake •, he alk'd
if any of the Guard which then attended, would
voluntarily go along with the Indians ? Two Men
otFered themfelves, who went with one who un-
derllood the Indian Language, in order to prevent
Miftakes. Happy it was that this Precaution was
4 taken \
187
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i88 * ^e History of the '
taken ; for Capt. Fanning with a great Part of hi
Company, having gone out with the fame Int-^n-
tion of intercepting the French Indians^ he difcovcr-
ed this Party of our Indians^ and taking them tc
be French Indians^ he kept his Men under the Ccvci
of fome Bufhes, wi:h their Arms ready to fire^
cxpedbing the nearer Approach of the Indians
when one of the Chriftians who were with themj
obferving Capt. Fanning*^ Men, called out, anc
came up to Capt. Fanning when his Men were read]
to fire. None of the Parties that went out were
able to difcover any of the Enemy.
His Excellency afterwards fent out fixteen oj
thefe Indians^ and cloathed them for that PurpofeJ
together with about fixty Men detached from thd
Companies levied in the County of Albany^ in ordei
to fcour the Woods, and to advance as far as m
Lakes to gain Intelligence, by taking Prifoners oi
otherwife. While this Party was out, fome of th^
Indiars fell fick, and the others being apprehenfiv^
of the fame Mis£qrtune, they return*d, after having
been but a few Days in the Woods. His Excel-
lency then perceiving the Uneafincfs the Indiani
were under from the Apprehenfions of SicknefsJ
found it neceflary to difmils them all, on their Pro-
mife to return, whenever his Excellency fhould or-
der, with all the Force they fhall be able to colled ;]
and which, they laid, as before obferved, might
amount to fix hundred Men. The Number of In-
dians that came at this Time from the Sufquehannal
Kivcr, confifted only of about fixty fighting Mm,|
hc'fides old Men, Women, and Children: Morel
had come near to Albany , but having there heard]
of the Small-pox and Sicknefs that was at AlbanyX
and that many of the Six Nations had catched thcl
Infecibion, and fcveral uf them were dead, they rc-|
turned back.
After the Six Nations left u4lbany^ many of thcmj
were taken fick on their Way Home, before they
reached]
:nt out were
Five Indian Nations, &c,
Ircached the Mohawk Caftles, and a confiderable
Number of the brifkeft young Men of the Mohawks
|(Jied. This retarded the Execution of the Order
Igiven to Mr. Johnfon, to fend out Parties to harrafs
line French Settlements in Canada, though he ufed
lall the Means in his Power to effed it. While he
Iwas prefling them to this Purpofe, one of the Sa-
Ichems who had promifed to head a Party from the
Mtiajohary Caftle, faid, Tou feem to think that ws
m Brutes, that we have no Senfe of the Lofs of our
\hreft Relations, and fome of them the bravefi Men
m bad in our Nation : Tou mufl allow us Tin;e to be-
\ml our Misfortune.
About ten Days before his Excellency left Albany,
|j Party of upwards of feventy Men, confiiling of
fome of each Nation, went againft Canada : Some
IChriftians were of the Party to aflift and dired, and
to be Witneffes of the Behaviour of the Indians.
They were to avoid all the Lakes, and the ufual
Roads and Paffes to Canada, and were to go thro*
the Woods over Mountains, that are feldom palTed,
to prevent the Enemies difcovering them : But
after thefe had been out, Capt. Butler's Son, to
whom the chief Diredtion of this Party was com-
mitted, was taken ill of the Small -pox, and five
of the Indians were obliged to return to carry him
Home. Another fmall Party was fent out to take
Prifoners, and gain Intelligence at Crown-Point. At
the writing of this, it is not known what Succefs
they have had.
When the Six Nations had come as far as the
lower Mohawk Caftle, in their return Home, they
were met by about fix Men of their own Nations,
who delivered a Meflage from Canada^ which had
been brought by the Indian who was taken by the
French at Crown Point, and carried to Canada. The
Meflage was interpreted in the following Words :
" The Governor of Canada had called the Cahnu^
*' aga Indians Co him, and then connplained to
" them.
1S9
,^!
Mm il'
190 T/6^ HisToliY o/'rA^ '
" them, that fome of the Six Nations, his Chil-
" dren, had killed fome of his People: You all I
** know, be /aid, that I am not hafty or paffionate,!
•' but will rather bear a great deal than fhew Re-
*« fentment, wherefore I am refolved to pafs this I
** over •, but in the mean Time I muft defire you
*' to go among the Six Nations, to find out the I
** Reafon of this Proceeding, and to tell them,
«' that if any Thing like it happen again, I will I
•' make them fmart : You may nevcrthelefs affure
*' my Children * of the Six Nations, that I love
*' and efteem them equally with the CahnuagasA
" or Shawendadies ^, being of the fame Blood.
'* And to convince them of my Love, I now fend
*« back to them one of their People that was taken
*' at Crown Point, without eating his Flelh. And]
** novf CahnuagaSf my Children, I would not have
*' you fpill any more Blood from Albany upwards,!
•* for I begin to pity their Weaknefs ; but turn
*' your Arms towards New-EngLnd, againft your
•* moft inveterate Enemies, there is the Place for]
•* you to gain Honour now.*'
The Cahnuagas gave the following Anfwer to
the Governor of Canada: Father, Tou are in ibe\
wrong, to dejlre us to go among the Six Nations for
InteUigeni'e, or mth Menaces -, fur fuch will only Jiir
them upj and bring them and all their Allies {who art
very manerous) upon ycu, to deftroy you at once. We
know they are not to be bullied by your IVords or ours,
wherefore. Father, "jue mujl leave you to go through
this tVork by yotirfelf.
After having as above, rr lated what had pafled
between them and the Governor of Canada, they
fent the following Meflage from themfelves.
Brethren
\n '■
'A
• The Governor of Catincia calls the Six Nations^ {and all the
/«rfVa» Nations depending on him) Children^ as the Governor of
tienu-Tork calls thetn Bntlrett.
•' Another Settlement of Defcrters from the <5'/> Nations, and
dv. el!ing near Montreal.
, his Chil-
e: You all
Five Indian Nations, &c.
Brethren of the Six Nations, " We hear the Go-
' vernor of New-Tork has invited you to meet
» hitn •, we intreat you not to mind any Thing he
•paflionate,!" (hall fay, in order lo fet you againft us-, for if
n lhewRe-li< you do, you, as well as we, muftalldiie. Where-
to pafs thisB' fore. Brethren, we conjure you by all the Ties of
defire you|« Friendfhip fubfifting between us, to inform us of
any Defign that is plotting againft us-, and that
when any fuch Thing Ihall be difcovered, you
will fend an Exprefs to Cadarackui s where our
Fire always burns.
" Brethren, We fhall be glad to fee you next
Spring at Cahnuaga, to hold a Co^incil toge-
i" ther, where you fhall be as fate and welcome as
ever.
" Brethren, The Governor our Father, being in-
formed, that your Governor is raifing Men to
come againft Canada, dcfires us to tell you, that
he has one thoufand eight hundred Men at Crown
Point, ready to give them Battle ; in which
Number, the Men of eight Caftles of the Uta-
wawas are included.
** Brethren, Be not angry at our deftroying Sa-
raghtoga laft Fall -, Col. Schuyler dar'd us to it,
by faying he wifhed to fee a French Army there :
' We gratified him in his Wilh."
A Cahnuaga Indian was fent along with the Pri-
foner that was reftored ; but when he came near the
ttlements of the Six Nations, his Heart faiPd
im, and he fent the Prifoner forward by himfelf
ith the MefTage.
The Readinefs with which the Six Nations corn-
had pafled Hmiinicated this Meflage, and the flight they in all
anada, they JAppearance put upon it, is fome Proof of their Sin-
erity in the Promifes they made to his Excellency -,
either from any Thing which has happened can it
« Ihewn, that they were not fincere. On the con-
trary,
191
ind out the
tell them,
^ain, I will
hekfs affure
that I love
Cahnuagas,
fame Blood.
I now fend
at was taken
Flelh. And
uld not havi
my upwards,
s ; but turn
againft your
le Place for
Anfwer to
are in the
Nations for
will only Jiir
lies {who are
U once. We
ords or ours,
go through
dves.
Brethren
IS, (and all the
le Governor of
!''■ ':}
\
m
f fe
I . IK
Nations, and
* A French Fort oppofitc to Of^wfgo^ and the Eall End
ikrackui Lake, or loike Fronttnac,
of
■■'MWf'
ir
r
it-
I,
ni
igz ■-■' "^he History of the
trary, it appears by Mr. Jobnfon's Letter to his Ex-
cellency of the 2ift of OSfohcr^ that feveral Parties]
are now out againft the French •, and that Mr. John-
fon having received Orders from Col. Roberts^ toj
fend as many Indians as poflible to join the Army,
all the Mohawks^ even their oldpft Men, were fittedl
out and ready ; and having fent to the upper!
Caftles at the fame Time, they appeared fo hearty,]
that there would not have remained above three olc
Men in any of the next Caftles : And that Col.|
Rjberts afterwards contradiding thefe Orders, thej
had appeared very uneafy on their being ftopt. It
was not expedted that they would enter into the
War without us, or by themfelves, neither arc
they a People of fo little Thought, as to give an)
Rcafon to expedl it from them.
When the Companies raifed in Penjylvania arj
rived at Albany ^ his Excellency was informed bj
their Captains, that Mr. Thomas Governor of thaj
Province, had fent Conrad Weifer their publick Inj
terpreter, among the Sufquehannah Indians; anc
that they expedted his Arrival at this Place in
little Time, with at leaft three hundred Indians
The Treaties with the Indians^ which Mr. Thomai
has publilhed, gave great Hopes of the Succefs thaj
Interpreter would have ; and thereby increafed th^
Difappointment, when Mr. Weifer arrived a fe\
Days before his Excellency left Albany ^ and did nc
bring one Indian with him.
His Excellency Governor Clinton^ had perhaj:
more Difficulties to ftruggle with on this Occafiur
than any Governor of New-Tork had at any Time j
The Six Nations had on feveral Occafions givei
Grounds of Miftruft -, the Governor of Canada wa
attempting all the Means in his Power to diver
their Affedtions from us ; the People of the Count]
of Albany had for fome Time paft, entertained
Diffatisfadion in the Conduct of the Commiflioner
for Indian Affairs > the Commifiioners themfeivej
Five. Indian Nations, G?r.
^ere divided in. their Sentiments, and^ feveral of.
them refured to. -attend their Meetings; and thty
confeffed to his Excellency, that they liad loft all
Influence on the Indians ^ Mr. Gpocb having de-
clined the Command of the Forces at ^llbany^ > ins
Excellency was forced likewifc to .undertake a new
and great Care, which he in no Manner expetlitd
when he left the City of New-Tork, . and which
from many Incidents, was attended with many
Difficulties. If thefe Things be duly confidered,
and the Dangers his Perfon was in from the Infec-
|tion of two different Difeafes, which at that Time
raged in the City of Albany^ of which great Num-
|bers died during his Refidence there of near three
I Months *, none can doubt of his hearty Zeal for
the Succefs of an Affair, in which the Safety and
Profperity of all the Colonies in North America^
I fere immediately concerned.
But as every one may not be fufHciently apprized
I of what Confequence the. Six Nations being hearty,
is to the Intereft of Great-Britain., it may be
proper to obferve. That though a Number of In^
\kns to march with the Army, which ^tas intended
to attack Canada^ would be of great Ufe in dif-
Govering.and defeating the Ambuflies of the Ene-
my's Indians., while they were every Day to be
guarded againfl by the Forces which were to march
by Land, and would by their Incurfions into the
Enemy's Country, terribly harafs them,, and keep
them from joming their Forces into any great Body
tooppofe the Defign ; thefe are not the moll con-
fiderable Advantages might be gained from the Af-
tcftion of the Six Nations at this Time, or any
Time of War-, for if the inland Extent of the Co-
lonics from Nova Scotia to Georgia be confidered,
and at the fame Time the numerous /vj/^?/ Nations
on the Continent of America^ who may by the Ar-
tifices of the French be induced to make Incurfions
[wery where •, and the cruel Methods by which the
■ * O Indians
193
!(■■■ 1
i!!^
I s.
^1
fc
3 i '-m't
Indians mak* Incurfions m ImaH Parties^ from th«
vaft Forcft whkh c^tfry Whefe cetera the Coniirwnt,
ahd which in many Pkces ie itopcnetra^lc ; it mwft
c'Ciderrtly appf ar, tha« though the Englifo Colonies
be of mtK:h fupcrior Fwce \n Numbers of Men,
yet their Numfeer wotild not be fuffide»t to protect
their Frontiers from the Inturficftw of the Indians m
evtty Phct : And, that white their Forces muft in
thifs Cafe be divided and fcattered all over their
Frontiers, it may be in the Power of the French in
Canada, to invade with Suc^efs any Part of the
Englijh Colonies. On the other Hand, if a proper
Attempt were to be made by tiie Northern Colonies
alone, without the Afllftanee of their Mother Coun-
try, but with the Afiiftance of the Indians^ it would
in all Appearance be fufiicient to reduce Canada -,
for if the Indian Nations can be perfuaded to join
heartily, (as from what is above related it feema
probable they may) it will be impofliblefor the In-
habitants of Canada to defend thcmfelrcs from the
Incurfions of thefe numerous Indian Nations, and
from a Body of regular Troops at the fame Time,
As the French are very fenfible of thefe Advantages
to be gain'd from the Friendfhip of the Indian Na-
tions, tliey ncgleft no Means in their Power to pro-
cure them : And it is to be hoped, that the North-
ern Colonies will be no lefs affiduous in a Matter on
which their Well-being at kail depends.
Some People wiHi that the Indians may remain
neuter, and think it advifeable to purfue Meafures
for thatPurpofe, by which many horrid Barbarities i
would be prevented. No doubt this is to be
wifhed i but can the Englifi Colonies by any Means
be affured, that the French will be fmcere . in pre-
ferving fuch a Neutrality ? And if they be not fin-
cere, we fhall more certainly expofe ourfelves to all!
thefe Calamities, than we arc now by Indians h6.Tim
engaged on both Sides. The Six Nations are by
their natural Inclinations, difpofed to War-like En-
- . terprizes :
«>
from thtf
Continent,
I ; it irmft
ib Colonies
s of Men,
to protect
t Indians in
ECS muft in
over their
le French in
Part of the
if a proper
em Colonics
other Coun-
iSy it would
Lice Canada •,
wied to join
ted it feemft
,e for the In-
rcs from the
Nations, and
fame Time.
Advantages
Indian Na-
may remain
ue Meafures
d Barbarities!
is is to be
y any Means !
icere . in pre-
\f be not fin-
jrfelves to all
Indians M^^
itions are by
A^ar-like En-
terprizes : '
fivE Indian Nations, (^r.
prizes : They never have been at Peace with all
their Neighbours, fince they were known to Chrif-
tians. The Reputation they liave gained among all
the Indtc:n Nations in North America^ gives them
an Influence in the Councils of every Nation. Jt
may then be eafy for tht Frmcb to turn thisDifpo-
fition to War in the Six Nations^ againil us, aod
by their Influence draw all the Indian Nations in
North America upon us. The Genius of the Si^
Nations will not fuflfer them to remain inactive,
w|iile their Neighbours are at War.
In the lalt Place, it may not be improper to oh-
j^ve at this Time, that though the Colonies to the
Southward (and the Inhabitants of the Parts of tl;e
Northern Colonies, v^hich are lefs expofed to the
Incurflons of Indians) think themfelves little cpn-
cerned in Intereft, or in the Confequenccs of the
prefent War \ yet if they would confider that the
Northern Polomes are really their Frontiers, and
that they defci)4 the others from all the Calariiitics
of a moll barbarous War ; the Southern Colonies
muft think tfiat f ny Contribution of Men and Mo-
ney, which is eypedted from them, is an eafy Pur-
chafe of the Freedom from fuch Calamities, to
which their Brethren are fubjefted ; and that while
they can follow their Occupations at Eafe, they are
much better enabled to fupport the Expence of a
War than the Northern Colonies are, where the In-
habitants are every Day in Danger of their Lives
from a cruel Enemy, while at tl]^eir daily and inno-
cent Labours. If the Southern Colonies negledt to
keep the War at a Diftance from them, they may
at an improper Time, become fenfible of the Evils
their Brethren fuffer, and o{ their own Folly at tjie
fame Time.
New-Tork, Dec. 2, 174^.
The Party of feventy Indians and Whites men-
tioned in this Treaty, did not go out together as
O 2. was
195
^
I
W :^
Pn '4
t.
n
i I
« m
'-tx-
I i
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!d
I '.
m
"iod "' ^e History of the "•
was at firft intended, Sicknefs and other Incidents
made it nqceflary to alter the Meafures at firft pro-
pofed. One Party of thirty Indians and ten Whites
'went by thetnfelves. Thcfe fell upoii a French
■Settlement on the North-fide of St. Lawrence River,
alDOut ID Leagues above Montreal^ and brought
away eight Fr^wf^ Prifoners, one of them a Cap-
•tain of Militia, and four Scalps. Another Party
* of nine Indians went to the CahnnagaSy under Pre-
tence of continuihg the Neutrality with them, they
were introduced- to the Governor of Montreal Uii-
"dcr the Hime Pretence, who made them Prefents :
'STheir Defign was to gain what Intelligence they
'could, and afirer they had done this, they aded
'theit Part fo well, that they received feveral Let-
'ters^ one from the Governor of Montreal, and
'others from confiderable Perfons to the Comman-
dant of Fort St. Frederic at Crown Point, In their
Way thither, by which they were to return Home,
"they furprized fome French in a fmall Fort, killed
'five, and brought away one Prifoner and qne Scalp.
*They brought the French Prifoner and the Letters
to the commanding Officer at Albat^, and informed
' him of what they had feen and heard at* Montnal.
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COLLECTION
O F
CHARTERS
ANDOTHER PUBLICKACTS,
r
REI, ATINGTOTHE
Province of PENSYLVANIA^
VIZ.
I. The ROYAL CHARTER to WILLIAM
PENN, Efq;
II. The firft FRAME of Government, granted in
England, in 1682.
III. LAWS agreed upon in England,
IV. Certain CONDITIONS or CONCESSIONS.
V. The ACT of SETTLEMENT, made at ^5/?^,
1682.
VI. The fecond F RAM E of Government, granted 1683.
Vn. The CHARTER of the CITY of PHILA-^
DELPHI A, granted O^&^rr 25, 1701.
VIII. The New CHARTER of PRIVILEGES
to the Prgvince, granted ^^?^^rr 28, 1701,
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JJJJI l ..i. ' U^ ' IB.
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7Z^ CHARTER
AND him, the faid William Penn, his Heirs and
lAfligns, we do by this our Royal Charter, for us, our
Heirs and Succeflbrs, make, create, and conftitute,
the true and abfolute Proprietary of the Country
aforefaid, and of all other the Premilles : Saving al-
ways to us, our Heirs and Succeflbrs, the Faith and
Allegiance of the faid fVilliam Penny his Heirs and
Alfigns, and of all other Proprietaries, Tenants, and
inhabitants, that arc or fhali be within the Territories
and Precinds aforefaid ; and faving alfo, unto uSj
pur Heirs and Succeflbrs, the Sovereignty of the
aforefaid Country, to have, hold, poflefs, and en-
joy the faid Tra6t of Land, Country, Ifles, Inletsj
and other the PremiflTes, unto the faid IVilliam Penn^
his Heirs and Afligns, to the only proper .UXe
and Behoof of the faid William Perm, his Heirs
and Afligns, for ever, to be holden of us^ our
Heirs and Succeflibrs, Kings of England^ as of
our Cafl:le of Wind/or in our County of Berks, in
free and common Soccage, by Fealty only for all
fervices, and not in Capite or by Knights Service :,
' Yield-
20|
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^P2 ^the HisroRV tf the -
Yielding and paying therefore «o us, ourHmrs and
Succeffor?, two Beaver-i3cins» to be dcliwered ai ms.
Caftle of Windsor on the firft Day of January in
every Year i and alfo the fifth Part of all Gold and
Silver Oar, v/hich fliall from Time to Time hap.
pen to be found within the Limits aforeiaid, clear
f£ all Charges. And of our further Grace, cer-
tain Knowledge, and meer Motion, we have thought
fit to erei5l, and we do hereby ered the aforeiaid
Country and Iilands into a Province and Seignorie,
■ and do call it FENSYL VANIA^ and fo from
henceforth will have it called. , : . . '
i I f *Pi
SECT. IV.
i:
AND forafmwch as we have hereby made and
©rdained the dfoiciaidWillimji Penn, his .Heirs and j
Affigns, the true and abfolute Proprietaries of all j
the Lands and Dominions aforcfaid, KNOW YE I
THEREFORE, That we (repofing fpecial
Truft and Confidence in the fidelity, Wifdom,]
Juftice, and provident Circumfped^ion of the faid
Willtam Pcnn) for us, our Heirs and SucceiTors, dol
grant free, full, and ablblute Power (by Virtue of
thefe Prefents) to him and his Heirs, to his and!
their iDeputies, and Lieutenants for the -good and
happy Government of the faid Country, i to ordain,
make, and enad", and under his and their Seals toj
publifh any Laws w^hatfoever, for the rraifing otl
Money for publick Ufes of the laid Province, orj
for -any .other End, appertaining either unto thel
publick State, Peace, or Safety of the faid Coun-I
try, or unto the private Utility of particular Fer-j
fons, according unto their beft Difcretion, by andj
with:t]Ye Advice, Affcnt, and Approbation of the
Freemen of the iiiid- Country, or the greater Part
c>i them, or of their Delt gates or Deputies, whor
for the ^enadting of the laid Lav>?s, ^vkn, anil as
often as Need (hall require, we will that the iait'
Williiim Pemi and bis Heirs, Ihall aliemblc in fuel
.. . - 5ort
Heirs and
red at oiaff
January in
[Gold and
rime hap-
:£lid, clear
Five Indian Nations, ^c,
ISort and Form, as to him and them fliall feem bell",
lind the fame Laws duly to execute, unto and iTpdn
lill People within the faid Country and Limit*
lihereof.
^H
irace, cer-
.ve thought
ic aforeiaid
I Seignorie,
md fo from
S E C T. V.
AND we do like wife give and grant unto the
[laid JVilliam Penn, and to his Heirs, and their De-
buties and Lieutenants, full Power and Authority,
10 appoint and eftablidi any Judges and Juftices,
taagiftrates and other Officers whatfoever, for what
Caufes foever, (for the Probates of Wills, and for
k granting of Adminillrations within the PreciruSts
orefaid) and with what Power foever, and infuch
form, as to the faid JVilliam Penn or his Heirs,
11 feem rnoft convenient : Alfo to remit, releafe,
ardon, and aboiifli (whether before Judgment or
er) all Crimes and Offences whatloever, com-
itted within the faid Country, againft the laid
,ws, (Treafon and wilful and malicious Murder
ly excepted, and in thofe Cai'es to grant Re-
rieves, until our Pleafure may be known thereinr)
d to do all and every other Thing and Things,
hich unto the compleat Eftablifhment of Juftice
to Courts and Tribunals, Forms of Judicature,
id Manner of Proceedings do belong, although
thefe Prefents exprefs Mention be not made
lereof ; and by Judges by them delegated, to
Province, orBiward Procefs, hold Pleas, and determine in all
ler unto thefc faid Courts and Tribunals all A«5lions, Suits,
■t faid Coun-Bnd Caufes whatfoevcr, as well criminal as civil,
articular Fer-Berfonal, real, and mixt ; which Laws fo, as afore-
tion, by andfcd, to be publilhed, our Pleafure is, and fo we
ation of theBnjoin, require, and command, fhall be moft abfo-
grciittr PiirtBjte and jwaikble in Law, and that all the Liege
)uties, whoniBcople and Subjects of us, our Heirs and Succef-
vkn, and aslors, do obferve and keep the fame inviolably in
that the iaitShofe Parts, fo far as they concern them, under the
•mbk in f^^lwain therein exprefled, ©r to be exprefled. PR O-
i^orl VIDEO
J made and
is :Heirs and
:taries of all
NOW YE
ofing fpecial
y, Wifdom,
I of the faid I
ucceflbrs, dol
by Virtue of
, to his and I
le-good and]
y, ito ordain,
heir Seals tol
le rraifmg'ofl
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204 7)^ History of the ''
VIDED ncvcrthelels, That the fame Laws b*|
confonant to Reafon, and not repugnant or con-
trary, but (as near as conveniently may be) agree-
able to the Laws and Statutes, and Rights ot thiil
our Kingdom of England, and faving and refcrvingl
to us, our Heirs and Sueceffors, the receiving, hear-l
ing, and determining of the Appeal and Appealsl
of all or any Perfon or Perfons, of, in, or belong^l
ing to the Territories aforefaid, or touching any!
Judgment to be there made or given.
^ SECT. VL
, AND forafmuch as in the Government of fd
great a Country, fudden Accidents do often hap-
pen, whereunto it will be necefiary to apply Reme-
dy before the Freeholders of the laid Province, oi
their Delegates or Deputies can be aflembled to the
making of Laws •, neither will it be convenient thal|
inftantly upon every fuch emergent Occafion, fd
great a Multitude. Ihould be called together: There-i
^'ore (for the better Government of the faid Coun-i
try) we will, and ordain, and by r hefe Prefents^
for us, O'lr Heirs and SucceiTors, do grant untc
the faid fVilliam Psnn and his Heirs, by themfelvesi
<)x by their Magiftrates and OfBctrs, in that Behall
duly to be ordained as aforefaid, to make and con-
ilitute fit and wholefome Ordinances, from Time
to Time, within the faid Country to be kept ar
obferved, as well for the Prefcrvation of the PeaceJ
as for the better Government of ; tlie People there
inhabiting*, and publickly to notify the fame to all
Perfons, wliom the fame doth or may any Way^
concern. Which Ordinances our Will and Pleafur«
li, fliall be obferved inviolably within the faid Pro^
vince, under the Pains therein to be exprefled, fd
as lUe faid Ordinances be confonant to Reafon, anc
b^ not repugnant nor contrary, but (fo far as con'
veniently may be) agreeable with the Laws of ouil
Kingdom of En^landy and. fo as the (aid Ordinance^
be
Five Indian Nations, &c.
I be not extended in any Sort to bind, change, or
take away the Right or Intereft of any Perlbn of
Pcrfons, for or in their Life, Members, Freehold,
Goods, or Chatties. And our farther Will and
Pleafureis, That the Laws for regulating and go-
verning of Property within the faid Province, as
well for the Ddcent and Enjoyment of Lands, as
Ekewife for the Enjoyment and Succefiioir of Goods
ind Chatties, and likewife as to Folunies, fhall be.
snd continue the fame, as they fhall be for die
Time being, by the general Courfe of the Law in
our Kingdom of England, until the faid Law* fiiall
be altered by the faid JVilliam Penn, his Heirs or
Afligns, and by the Freemen of the faid Province,
their Delegates or Deputies, or the greater Part of
Ithem. • ' '
SECT. VII.
AND to the End that the faid William Penn, or
I his Heirs, or other the Planters, Owners, or Inha-
bitants of the faid Province, may not at any Time
I hereafter (by Mifconftrudlion of the Power afore-
laid) through Inadvertency or Defign, depart from
that Faith and due Allegiance, which by the Laws
I of this our Realm of England, they and all our
Subje6ls, in our Dominions and Territories, always
I owe to us, our Heirs and Succelfors, by Colour of
any Extent or Largenefs of Powers hereby ^^iven,
I or pretended to be given, or by Force or Colo jr of
any Laws hereafter to be made in the faid Province,
by Virtue of any fuch Powers ; OUR farther
Will and Pleafure is, That a Tranfcript or Dupli-
cate of all Laws, which fliall be fo as aforefaid made
ind publilhed within the fliid Province, fhall within
five Years after the making tliereof, be tranfmitted,
•and delivered to the Privy Council, for the Time
bfing of us, our Heirs and Succeflbrs : And if any
of the faid Laws within the Space of fix Months
Jifter that they fliall be fo tranfmitted and delivtred^
4 be
io;
m
M!;i
1^05. , Th History of the
be declared by us, our Heirs and Succefibrs, In oup|
or their Privy Council, inconfiftent with the Sove-
reignty, or lawful Prerogative of us, our Heirs or
Succeffors, or contrary to the Faith and Allegiance
due to the legal Qovernment of this Realm, from
%\\Q faid William Pentty or his Heirs, or of the
l^lanters and Inhabitants of the faid Province, and I
that thereupon any of the faid Law^ fhall be ad-
judged and declared to be void by us, our Heir^
and Succeiibrs, under our or their Privy Seal, that
then and from thenceforth, fudiLaws, concerning
which fuch Judgment and Declaration Hiall be
made, Ihall become void : Otherwife the faid I
Laws fo tranfmitted, Ihall remain, and {land in f;'! I
Force, according to the true Intent and Meaning
thereof.
SECT. VIII.
FURTHERMORE, that this new Colony!
ipay the more happily increafe, by the Multitude j
of people reforting thither ; Therefore we, for usj
our Heirs and Succeflbrs, do give and grant by]
thefe Prefents, Power, Licence, and Ljberty un
to all the Liege People and Subje^s, both prefentl
and future, of us, our Heirs and Succeflbrs, (ex-
cepting thofe who fliall be efpecially forbidden) to
tranfport themfelves and Families unto the faid
Country, with fuch convenient Shipping as by the
I^aws of this our Kingdom of England they ought]
to ufe, and with fitting Provifion, paying only thej
Cuftoms therefore due, and there to fettle them-
felves, dwell and inhabit, and plant, for the pub-
Jick, and their o\vn private Advantage,
SECT. IX.
ANP FURTHERMORE, that our Sub-I
3?<51:s may be the rather encouraged to undertake
this Expedition with ready and chearful Mind5,|
KNOW YE, That we, of our fpedal Grace, cer-
tain i
Fivtf Indiam NAtJONS, G?r,
tsttti Knowledge, and mere Motion, do give and
grant by virtue of thefe P'-efents, as weH unto the
faid iVilliam Penny ard his Heirs, as to all others,
who fhall from time to time repair unto the faid
Country, with a Purpofe to inhabit or trade with
the Natives of the faid Coijntry, full Licence to
lade and freight in any Ports whatfoever, of us, our
Heirs and Sujcceffors» according to the Laws made,
or to be made within our Kingdom of England^ and
unto the faid Country, by them, their Servants or
Afligns, to tranfport all and fingular their Goods,
Wares and Merchandizes, as likewife all Sorts of
Grain whatfoever, ana all other Things whatfoever,
nccefiary for Food or Clothing, not prohibited by
the Laws and Statutes of our Kingdom and Domi-
nions to be carried out of the faid Kingdom, with-
out any Let or Moleftation of us, our Heirs or
SucccfTors, or of any of the Officers of us, our
Heirs or Succeflbrs •, faving always to us, our Heirs
and Succeflbrs, the legal Impofitions, Culloms, or
other Duties and Payments, for the faid Wares and
Merchandizes, by any Lavr or Statute due, or to
be due to us, our Heirs and Succeflbrs.
S E C T. X.
AND we do further, for us, ouf H irs and
Succeflbrs, give and grant unto the faid William
Pmtty his Heirs and Afligns, free and abfolute
Power, t© divide tlie laid Country and Iflands into
Towns, Hundreds and Counties, and to eredl and
incorporate Towns into Boroughs, and Boroughs
into Cities, and Co make and conllitutc Fairs and
Markets therein, with all other convv^xiient Privi-
leges and Immunities, according to the Merits of
the Inhabitants, and the Fitnels of the Places, and
to do all and every other I'hing and Things touch-
ing the Premifes, which to him or them Ihall {ctm
meet and requifite •, albeit they be fuch, as of tiieir
own Nature might otherwifc require a more fpedil
A Com-
29^
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V
•^08 > '''^'' The History of tberi
Commandment and Warrant, thaa Jn, thefe Pre-
fents is exprefled. •- * .. • ,■.-:.. - •. '
I'^'ij.)
;.;.,.. SECT. XI.
i WE will alio, and by thefe- Prefents, for us, our
•Heirs and Succeffors, we do give and grant Licence
by this our Charter, unto the faid William Penny
.his Heirs and AlTigns, and to all the Inhabitants
-and Dwellers in the Province aforefaid, both pre-
'fentandto come,, to import or unlade, by them-
felves or their Servants, Fadors, or Afllgns, all
.Merchandizes and Goods whatfoever, that fhall arife |
>of the Fruits and Commodities of the faid Province,
cither by Land or <>ea, into any of the Ports of us, |
-our Heirs or Succeffors, in our Kingdom o^ Eng-
' land, r^nd not into any other Country whatfover:
And we give him full Power to difpofe of the faidl
Goods, in the faid Ports; and if need.be within
.one Year next after the Unlading of the fame, to lade
the faid Merchandize and Goods ag.:in into the fame
;or other Ships, and to tranfport the fame into!
vjmy r.ther Countries, either pi our Dominions orl
foreign, according to Law.;., provided always, that
th^y pay fuch Cuftoms and Impofitions, Subfidies
and Duties for the fame, to us, our Heirs andSuc-
^ceflbrs, as the reft of our Subjeds of our Kingdom
iOi: England, for the Time beings Ihall be bound to
,pay, and do obferye the A6ls of Navigation, and]
mother Laws in that Behalf made. , . ..
;; '. ; s'ec t. xa: : , • ;
; AND i^URTFIERMORE, of 'our ample]
•and fpecial Grace» certain Knowledge, and. mere
'Motion, we do, for us, our, Heirs and Succeffors,
, igrant unto the i'^id JFiUiani Pemiy his Heirs and
, •Ailigns, hill and abfolute Power and Aiiihority,
. ito make, erect, and conftitutc, within the faidfro-
'vince, and. the Illcs and Inlets .aforefaid, fuch. and
, 'fo--many Sea- ports. Harbours, Creeks, Havens,'
'•.«.' " ' Keys,|
Five Indian NATtoi^S, &c.
Keys, and other Places, for Difcharging and Un-
lading of Goods and Merchandizes out of the
Ships, Boats, and other Vellels, and landing them
unto fuch and fo many Places, and with fuck
Rights, Jurifdidions, Liberties and Privileges unto
the faid Ports belonging, as to him and them (hall
feem moft expedient •, and that all and fingular the
Ships, Boats, and other Veflels, which fhall come
for Merchandize and Trade into the faid Province^
or out of the fame, Ihall be laden or unladen only
at fuch Ports as fhall be created and conftituted by
the faid IVilliam Penn^ his Heirs or Afllgns, (any
life, Cuftom, or Thing to the contrary notwith-
ftanding.) Provided, that the faid fVilliam Pentti
and his Heirs, and the Lieutenants and Governors
for the Time being, Ihall admit and receive in, and
about all fuch Havens, Ports, Creeks and Keys, all
Officers and their Deputies, who fliall from Time to
Time be appointed for that Purpofe by the Farmers
orCommiirioners of our Cuftoms for theTinae beins.
209
■is:
111!!'
SECT. XIII.
AND we do further appoint and ordain^ and
by thefe Prefents, for us, our Heirs and Succeflbrs^
wc do grant unto the faid H^illUm Penn^ his Heirs
and Afllgns, That he, the faid Willian Petin, his Heirs
and Affigns, may from time to time for ever^ have
and enjoy the Cuftoms and Subfidics, in the Ports^
flarbours, and other Creeks and Plac«oS aforefuid^
Within tlie Province aforefaid, payable or due for Mer-
chandize and Wares there to be laded and unladed^
the faid Cuftoms and Subfidies to be reafonably
aireiTed upon any Occafion, by themfelves and the
People there as aforefaid to be aflfembied, to whom
we give Power by thefe Prefents, for us, our Heirs
and Succefibrs, upon juftCaufe and due Prpportioil
to affel^ and impofe the fame -, laving unto us, our
Heirs and Succeflbrs, fuch Impofitions and Cuftoms,
as by Ad of Parliament arc and ftiall be appointed.
P SECT.
!i: ^■!i
i;
u
210 The HisTORV of tbe ■
SECT. XIV.
AND it is our farther Will and Pleafure, That
' the faid William Penn, his Heirs and Afligns, fhall
from Time to Time conftitute and appoint an At-
torney or Agent, to refide in or near our City of
London^ who fliall make known the P'.ace where
he fhaH dwell, or may be found, unto the Clerks
of our Privy-Council for the Time being, or one
of them, and fhall be ready to appear in any of
cur Courts at JVeftminfter, to anfwer for any Mifde-
mcanor that fhall be committed, or by any wilful
Default or Neglect permitted by tlie faid fVilliam
Penn, his Heirs or AlTigns, againft the Laws of
Trade and Navigation ; and after it fhall be afcer-
tained in any of our faid Courts, what Damages
we or our Heirs or Succeffors Ihall have fuftained
by fuch Default or Negkdt, the faid William Penn,
his Heirs or Affigns, lliall pay the fame within one
Year after fuch Taxation, and Demand thereof,
from fuch Attorney j or in cafe there Ihall be no
fuch Attorney by the Space of one Year, or fuch
Attorney fhall not make Payment of fuch Damages
within the Space of a Year, and anfwer fuch othei'
Forfeitures and Penalties within the faid Time, as
by the Acfts of Parliament in England are and Ihall
be provided, according to the true Intent and
Meaning of thefc Prefents •, then it fhall be lawful
for us, our Heirs and Succeffors, to feize and re-
fume the Government of the faid Province or Coun-
try, and the fame to retain until Payment fhall be
made thereof : But notwithflanding any flich Seizure
or Refumption of the Government,, nothing con-
cerning the Propriety or Ownerfhip of any Lands,
Tenements, or other Hereditaments, or Goods or
Chatties, of any of the Adventurers, Planters, or
Owners, other than the refpedive Offenders there,
^lall any ways be affedled or molefted thereby.
SECT.
A^
fituate
as welj
mies,
ed
Heirs
fents t(
by thej
cers, tl
of wh(
the faiJ
and to
Robbej
withoi
God's
being
War,
all andl
and
longetl
freely
ever hi
i i' 5
ure, That
gns, fhaH
nt an At-
ir City of
ice where
:he Clerks
ig, or one
in any of
.ny Mifde-
any "wilful
id iVilliam
t Laws of
I be afcer-
,t Damages
e fuftained
dliam Penn,
; within one
nd thereof,
ilhall be no
ar, or fuch
:h Damages
fuch othei*
d Time, as
ire and fhall
Intent and
II be lawful
eize and re-
ice orCoun-
ent fhall be
l^jch Seizure
othing con-
any Lands,
)r Goods or
Planters, or
enders there,
thereby.
SECT.
Five Indian Nations, &c.
SECT. XV.
PROVIDED always, and our Will and Plea-
fure is. That neither the faid JVilliam Penn^ nor
his Heirs, or any other the Inhabitants of the faid
Province, fhall at any Time hereafter have or main-
tain any Correfpondence with any other King,Prince>
or State, or with any of their Subjefts, who fhall
then be in War againft us, our Heirs and Succef-
fors •, nor fhall the faid William Penn^ or his Heirs,
or any other Inhabitants of the faid Province, make
War, or do any Aft of Hoftility againft any other
King, Prince, or State, or any of their Subjefts,
who fhall then be in League or Amity with us,
our Heirs and SuccefTors.
SECT. XVI.
AND, becaufe in fo remote a Country, and
fituate near many barbarous Nations, the Incurfions
as well of the Savages themfelves, as of other Ene-
mies, Pirates and Robbers, may probably be fear-
ed •, Therefore we have given, and for us, oijr
Heirs and SuccefTors, do give Power by thefe Pre-
fents to the faid William Penn^ his Heirs and AfTigns,
by themfelves or their Captains, or other their Offi-
cers, to levy, muller and train all Sorts of Men,
of what Condition foever, or wherefoever born, in
the faid Province oi Penfilvania for the Time being,
and to make War, and to purfue the Enemies and
Robbers aforefaid, as well by Sea as by Land, even
without the Limits of the faid Province, and by
God's AfTiflance to vanquifh and take them, and
being taken to put them to Death by the Law of
War, or to fave them at their Pleafure, and to do
all and every other Thing which unto the Charge
and Office of a Captain-General of an Army be-
longeth, or hath accuftomed to belong, as fully and
freely as any Captain -General of an Army hath
ever had the fame.
P 2 SECT.
2X1
;;ji
i'
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'i
:1 '. ?
212 ^ ^^ HlStORY ^/l&i?
6 £ C *r. XVII.
And furthermore, t)f our fpccial
Grace, and of our certain Knowledge and mere
Motion, wc have given and granted, and by thefe
Prdfertts, for us, -our HtfJrs and Succeffors, do give
^d grant ^rfto the 4*aid Willram Pom, his Heirs and
• AtTigns, foil «nd abfolute Power, Licence and Au-
thority, that he, the faid William Pemi, his Heirs
and Affigns, Jrom time to thne 'hereafter for ever,
at his -or their own Wiil and Plcalure may afl'ign,
alien, grant, dcnlife, tn- errfedfF of the Premi&s
fbmany andfuch Parts and Parcels to hrtn that fhall
be willing to purchafe the fame, as they fhall think
fit, to have and to hold to them the firid Peifon and
Perfons willing to take and purchafe, their Heirs
and AiTigns, in Fee-fimple or Fee-tail, or for the
Ternri cf Life^ Lives 6r Years, to be held of the
fakl fVilliam Penn, h\s Heirs or Afligns, as of the
faid Seigniory d^WHndfir^ by fuch Services, Cuf-
-toms or Rents, as ftiall leem tneet to the faid Wil-
iiam Penn^ his Heirs or Affigns, and notimmedi-
-ately of us, our Heirs or Succeffors.
S E C T. XVtlll.
AND to the fame Perfon or Perfons, and to
all and every of them, we do give and grant by
thefe Frefents, for xis, our Heirs and Succelfors,
Licence, Authority and Power, that fuch Perfon
or Perfons may take the Premilfes, or any Parcel
thereof, of the aforefaid William Penn^ his Heirs or
AfTigns, and the fame hold xb themfelves, their
Heirs and Affigns, in what Eftate of Inheritance
foever, in Fee-fimple or in Fee-tail, or otherwife,
as to him, tht {d\dWilliwn Penn, his Heirs or Af-
figns, fhall feem expedient: The Statute madf
in the Parliament oi EDWARD, Son of King
HENRTy late King of Etjglmrd, our Predeceffor,
(commonly called ^he Statuts QtJiA emptores
TERRARUM,
ur fpccial
and mere
I by thefe
i, do give
Heirs and
e and Au-
his Heirs
r for ever,
nay afl'ign,
Premifies
a that Ihall
Ihall think
Perfon and
their Heirs
or tor the
held of the
, as of the
vices, Cuf-
le faid M'^il-
ot immedi-
ons, and to
nd grant by
Succeirors,
uch Perfon
any Parcel
his Heirs or
lelves, their
Inheritance
: otherwife,
^eirs or Ai-
:atute made
Ion of King
iPredeceflbr,
EMPTORES
ERRARUM)
FivB Indian Nations, C^c,
TERRAR17M, lately pubUfhed in aiir Kingdom of
England) in any wife not withstanding.
SECT. XIX.
AND by thefe Prefents we give and grant Li-
cence unto the faid tyiWuim Pem^ and his Heirs,
and likewife to all and every fuch Perfon or Pcrfons
to whom the faid William Penn^ or his Heirs, fhall
at any Time hereafter grant any Eftate or Inheri-
tance us aforefaid, to trt6t any Parcels of Land
within the Province aforefaid into Manors, by and
with the Licence to be firft had and obtained for
that Purpofc, under the Hand and Seal of the faid
William Penn^ or his Heirs ; and in every of the
faid Manors to have and to hold a Court-Baron,
with all things whatfoever which to a Court-Baron
do belong, and to have and to hoki View of Frank-
Pledge for the Confervation of the Peace, and the
better Government of thofe Parts, by themfelves
or their Stewards, or by the Lords for the Time
being of the Manors to be deputed when they fhall
be erefted, and in the fame to ufe all Things be-
longing to the View of Frank- Pledge. AND we
do further grant Licence and Authority, That every
fuch Perfon or Perfons who Ihall ere*^ any fuch
Manor or Manors, as aforefaid, fhall or may grant
all or any Part of his faid Land to any Perfon or
Perfons, in Fee-fimple, or any other Eftate of In-
heritance to be held of the faid Manors refpedlively,
fo as no farther Tenure fhall be created, but that
upon all further or other Alienations thereafter tp
be made, the faid Lands fo aliened fhall be held of
the fame Lord and his Heirs, of whom the Aliener
did then before hold, and by the like Rents and
Services whu:h were before due and accuftomed.
SEC T. XX.
AND FURTHER our Pleafure is, and by
thefe Prefents, for us, our H^irs and SucceiTors,
P 3 we
21
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i- ■ — -
I- n
214 The History of the
we do covenant and grant to and with the faid William
Penn^ his Heirs and Afligns,That we, our Heirs and
Succeflbrs, (hall at noTime hereafter fet or make, or
caufe to be fei. or made, any Impofition, Cuftom, or
other Taxation, Rate or Contribution whatfoever, in
and upon theDwellers and Inhabitants of the aforefaid
Province, for their Lands, Tenements, Goods or
Chatties within the faid Province, or in and upon any
Goods or Merchandizes within the Province, or to be
laden or unladen within the Ports orPIarbours of the
laid Province, unlefs the fame be with the Confent of
the Proprietary, or chief Governor, or Aflembly,
or by Adi of Parliament in England.
SECT. XXI.
AND our Pleafure is, and for us, our Heirs
and Succelfors, we charge and command, That
this ourDeclaration fliail from henceforth from Time
to Time be received and allowed in all our Courts,
and before all the Judges of us, our Heirs and Suc-
ceflbrs, for a fufficient lawful Difcharge, Payment
and Acquittance ; commanding all the Officers and
Minifters of us, our Heirs and Succeflbrs, and en-
joining them upon Pain of our higheil Difpleafure,
that they do not prefume at any Time to attempt:
any thing to the contrary of the Premifles, or that
do in any fort withftand the fame, but that they be
at all Times aiding and aflifliing, as is fitting to the
faid IFilliam Penn^ and his Heirs, and unto the In-
habitants and Merchants of the Province afore iaid,
their Servants, Minifters, Faftors, and Afilgns, in
the full Ufe and Fruition of the Benefit of this our
Charter.
SECT. XXII.
AND our farther Pleafure is, and we do here-
by, for us, our Heirs and Succeflbrs, charge and
require, 'I'hat if any of the Inhabitants of the faid
Province, to the Number of Twenty, fiiall at any
Tmie hereafter be dcfirous, and fliall by any Writ-
ing;,
^ Five Indian Nations, &c»
ing, or by any Perfon deputed by them, fignify
fuch their Defire to the Bilhop of London for the
Time being, That any Preacher or Preachers, to
be approved of by the faid Bifhop, may be fent
unto them for their Inftmdion i That then fuch
Preacher or Preachers ihall and may refide with-
in the faid Province, without any Denial or Mo-
Jeftation whatfoven
SECT. XXIII.
AND if perchance hereafter any Doubt or Quef-
tion (hould arife, concerning the true Senfe and
Meaning of any Word, Claufc, or Sentence con-
tained in this our prefent Qharter, we will, ordain,
and command. That at all Times, and in all Things,
fuch Interpretation be made th .reof, and allowed
in any of our Courts whatlbever, as fhall be ad-
judged moft advantageous and favourable unto the
faid William Penn^ his Heirs and Afligns : Provid-
ed always no Interpretation be admitted thereof,
by which the Allegiance due unto us, our Heirs
and Succeffors, may fufFer any Prejudice or Dimi-
nution i although exprefs Mention be not made in
thefe Prefents of the true yearly Value, or Cer-
tainty of the PremilTes, or any Part thereof, or of
other Gifts and Grants made by us and our Pro-
genitors or Predeceflbrs unto the faid William Penn :
Any Statute, Aft, Ordinance, Provifion, Procla-
mation, or Reftraint heretofore had, made, pub-
lifhed, ordained, or provided, or any o'ler Thing,
Caufe or Matter whatfoever, to the contrary thereof
in any wife notwithftanding. IN WITNESS
whereof we have cauled thefe our Letters to be
made Patent : Witnefs OUR SELF, at Wejlmin-
fier, the Fourth Day of March , in the three and
thirtieth Year of our Reign. Amcque Domini One
Thoufand Six Hundred and Eighty-one.
By Writ of Privy Seal,
PIGOTT.
P 4 The
215
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"#';
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P
■I I
■g|6 ^'^^ HisTORV of the
The FRAME of the Government of the
Province of Penfihania m America : Together
with certain L AW S agreed upon mEngland,
By the Governor and divert Freemen of the
aforefaid Province. To be further explain-
ed and continued there, by the firft Provincial
Council that fliall be held, if they fee meet.
The P R E F A C E.
WHEN the great and wife GOD had made
the ff^'orld, of all his Creatures it plea fed him
to chufe Man his Deputy to rule it •, and to fit him
for fo great a Charge and Truft, he did not only qua-
lify him with Skill and Pozver, but with Integrity to
life them jufily. This native Goodnefs was equally his
Honour and his Happinefs ; and whilft he flood here, ail
vcent well', there was no need of coercive cr com*
puJfive Means -, the Precept of divine Love and Truth
in his Bofom was the Guide and Keeper of his Inno-
cency. But Ltifi prevailing againjt Duty, made a
lamentable Breach upon it j and the Law, that had
before no Power over him, took place upon him ami
his difohedient Pofierity, that fuch as would not live
cGiformable to the holy Law within, fhould fall under
the Reproof and CorretVion of the juft Law without^
in a judicial Adminifiration.
THIS the Jpcjlle leaches in dtvers of his Epiftles:
The Law (fays he) was added bccaufc of 'I'ranf-
grcirion : In another Place, Knov.ing that the Law
was not made tor the righteous Man •, but for thf:;
difobcdicnt and ungodly, for Sinners, for unholy
md prophane, for Murderers, for Whoremongers,
for them that dcHle themfelves with Mankind, and
for Men dealers, for Liars, for perjured Perfons,
&c. But this is not all, he opens and carries the
jyiatier of Government a little further : Let every
S^u] be fvibje*^^ to the higher Powers 5 for there is
no
^
Wr
Five Indian Nations, 6?r.
RO Power but of G.OD. The Powers that be arc
ordained of GOD : Whofoever therefore refifteth
the Power, refifteth the Ordinance of GOD. For
Rulers are not a Terror to good Works, but to
evil : Wilt thou then not be afraid of the Power ?
do that which is good, and thou (halt have Praifc
of the fame. — He is the Minifter of G O D to thee
for good. — Wherefore ye muft needs be fubjcdt,
not only for Wrath, but for Confcience iakc.
I'M IS fettles the divine Right of Govertimenf he-
I )ond Exception^ and that for two Ends : Firfi to terrify
ml Doers -, Secondly to cherifh thofe that do well \
wbish gives Government a Life beyond Corruption^
md makes it as durable in the Wordy as good Men
Ijball be. So that Government feems to me a Part of
Religion itfelf a Thing facred in its Inflitution and
End. For if it does not directly remove the Caufe, it
cmjhe: the Effe^s of Evily and is as fuch {though a
\hwer yet) an Emanation of the fame divine Power^
that is both Author and ObjeSf of pure Religion ; the
difference lying here^ that the one is more free and
mntaly the other more corporal and compulfive in its
Operations : But that is only to evil Doers ; Govern^
mnt itfelf being otherwife as capable of Kindnefs^
Qoodnefsy and Charity^ as a more private Society.
I ^hey weakly err, that think there is no other Ufe of
Government than Cerreoiiony which is the coarfefi
Part of it : Daily Experience tells us, that the Care
and Regulation of many other Affairs y more foft and
kily neceffary, make up much the greateft Part of
Government ; and which muft have followed the Peo~
I }ling of the PForldy had Adam never felly and will
mtinue among Men on Earth under the higheji At-
tainments they may arrive aty by the cominr of the
Ueffed Second Adam, the LORD from Heaven.
Thus much of Government in general^ as to it^ Rife
and End.
FOR particular Frames and Models, // will be^
tome me to fay litth ; and comparatively I will fay
nothing.
217
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2l8
- ne History of the ■
nothing. My Reafons are : Firft, That the Age is
too nice and difficult for it •, there being nothing the
Wits of Men are more bufy and divided upon. 'Tis
true, they feem to /igree in the End, to wit, Happi-
nefs ; but in the Means they differ j as to divine^ fo to
this human Felicity ; and the Caufe is much the fcme^
not always Want of Light and Knowledge^ but Want
of UJing them rightly. Men fide with their Paffions
agaififi their Reafon, and their finifter Interefts have
fo firong a Biafs upon their Minds,, that they lean to
them againft the good of the things they know.
Secondly, / do not find a Model in the Worlds that
"Time^ Place^ and fome fingular Emergencies have not
neceffarily altered \ nor is it eafy to frame a civil Go-
vernment ,» that fhall ferve all Places alike.
Thirdly, / know what is faid by the feveral Ad-
mirers of Monarchy, Ariltocracy, and Democracy,
which are the Rule of one, a few, and many, and
are the three common Ideas of Government, when
Men difcourfe on that Subject. But I chufe to folve
the Controverfy with this fmall Difiin£fion, and it be-
longs to all three : Any Government is free to the
People under it (whatever be the Frame) where the
I-.aws rule, and the People are a Party to thofe
Laws J and more than this is Tyranny, Oligarchy,, or
Confufion.
BUT Laftly, when all is faid, there is hardly one
Frame of Government in the World fo ill defigned by
its firft Founders, that m good Hands would not do
well enough -, and Story tells us, the beft in ill ones
can do nothing that is great or good ; Witnefs the
Jewifh and Roman States. Governments, like Clocks^
go from the Motion Men give them -, and as Govern-
ments are made and moved by Men, fo by them they
are ruined too. Wherefore Governments rather depend
upon Men, than Men upon Governments. Let Men
be good, and the Government can^t be bad \ if it he
ill, they will cure it. But if Men be bed,, let the
• • Govern-
Five Indian Nat.vJNs, &c.
Government he never fo goody they will endeavour to
warp and fpoil it to their Turn, ■ ' ' ' »■ -'
/ know fome fay^ Let us have good Laws, and na
matter for the Men that execute them : But let them
conjider^ That though good Laws do well, good Men
do better : For good Laws may want good Men, und
k ahlijhed or evaded by ill Men \ but good Men will
never want good Laws, nor fuffer ill onesi ^Tis true^
\lood Laws have fome awe upon ill Minifters, but
that is where 'they have no Power to efcape or abolifh
them, and the People are generally wife and good : But
n loofe and depraved People (which is to the^eflion)
love Laws and an AdminiJ^t at ion like themf elves. That
therefore which makes a good Conflitution^ mufl keep
it, viz. Men of Wifdom and Virtue, polities, that
kcaufe they defcend not with worldly Inheritances^
mufl be carefully propagated by a virtuous Education
of Touth i for which After-Ages will owe more to
the Care and Prudence of Founders and the fucceffive
Magiflracy, than to their Parents for their private
Patrimonies.
THESE Conft derations of the Weight of Govern^
mnt, and the nice and various Opinions about ity
made it uneafy to me to think of publifhing the enfuing
Frame and conditional Laws, forefeeing, both the
Cenfures they will meet with from Men of differing
Humours and Engagements, and the Occafion they way
(me of Bifcourfe beyond my Dejign.
BUT next to the Power of Ncceffity, (which is a
Solicitor that will take no Denial) this induced me to
a Compliance, that we have (with Reverence to GOD
and good Confcience to Men) to the beft of our Skilly
contrived and compofed the FRAME and LAWS
of this Government, to the great End of all Go-
vernment, viz. To llipport Fower in Reverence
with the People, and to'lecure tiie People from the
Abufe of Power •, that they juay be free by their jufi
Obedience, and the Magiftrates honourable for their
jufi Adminiflrat'ion : For Liberty without Obedience is
Confuftony
219
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320 ^^ History of tke
Confuji&n^ Mid Ohedien&e withoui Liberty^ is Slavery.
To carry this Evennefs is partly owing ta the Coujii-
twtiony and partly to- the Magiftracy : Where either
tf thefe fail. Government will be fubje^ to CqhvuI-
fism \. but where both are wanting^ it mufi be totally
jiukverted: Then where both meety the Government is
Uke t» endure. Which I humbly pray, and hope GOD
will pleafe to make the Lot of this of Penfilvania.
jhie», . • '■
- ■■•:'•■■ • WlLHAM Penn.
7»^ FRAME, &c.
TO ALL PEOPLE, To whom thefe Pre-
fents (hall come. WHEREAS King
CHARLES the Second, by his Letters Patents,
ttndcr the great Seal of England, for the Confidcr-
ation therein mentioned, harh been gracioufly pleafed
to give and grant unto me William Penn (by the
Name of William Penn, Efq-, Son and Heir of Sir|
William Penn deceafed) and to my Heirs and Af-
iigns for ever, all that Trad of Land, or Proviiue
called Penfilvania, in America, with divers great
Powers, Preheminences, Royalties, Jurifdidtions,
.md Authorities, necelTary for the Well-being and
Government thereof : NOW KNOW YE, That
for the Well-being and Government of the faid Pro-
vince, and tor the Encouragement of all the Free-
men and Planters that may be therein concerned, in
Piirliiance of the Powers afore-mentionC'l, I the
faid IVdliam Penn have declared, granted and con-
firmed, and by thefe Prefents, for me, my Heirs
and Affigns, do declare, grant and confirm unto
all fhe Freemen, Planters and Adventurers, of, in
and to the faid Province, tficfc Liberties, Franchifes,
and Properties, to be held, enjoyed and kept by
the Freemen, Planters and Inhabitan»-s of the faid
Province of Pcnfthania tor ever.
I M P R I M I S.
Five Indian Nations, &c.
221
IMPRIMIS.
T H AT the Government of this Province Khali,
according the Powers of the Patent, confifl: of die
Governor and Freemen of the laid Province, in
Form of a Provinciai Goiincil and General Aflem-
bly, by \diom all Laws Ihall be made. Officers
chofen, and pubKck Affairs tranfaded, as is here-
I after refpedively declared. That is to fay^
H.
THAT the Freemen of the faid Province fiiall
Ion the tvvcntieth Day of the twelfth MoRt?h, which
Ihall be in this prefent Year One ThaufandSix Hun-
\ted Eighty and Two, meet and aflbmble in fomc
fit Place, of which timely Notice Ihall be bclope-
hand given by the Governor or his Deputy, and
then and there fiiall chufe out of themfelves Se-
venty-two Pcribns of moft Note for their Wif-
dom, Virtue and Ability, who fhall meet ©n the
tenth Day of the §rft Month next enfuiDg, and
always be called and a(5t as the provincial Q;>uncil
I of the faid Province.
ra.
THAT at the firfl: Choice of fuch provincial
iCouncil, one third part t)f the faid provincial Coun-
cil fhall be chofen to ferve for three Years then next
enfuing, one third part for two Ytfars then next
eiriiiing, and one third part for one Year then next
following fuch 'Elciftion, and no longc^r •, and that
the faid third part fhall go out accordingly : And
|on the twentieth Day of the twelfth Month as afore-
aid, yearly fur ever afterward, the Freemen of
Ithe faid Province fliall in like Manner meet and
pemble together, and then chufe Twenty-^four
jPerfons, being one third of the faid Niimber, tp
|l(TV^ in provincial Council for three Years : It be-
|ng intended, that one third part of the whole pro-
vincial Council Talwavs confiftincr, and to confift
of
% V-\
ill H'
i. !i':^' 1
Vf
222 .^^ "fbe History of the
of feventy-two Perfons, as aforefaid) falling oflF
yearly, it fhali be yearly fupplied by fuch new
yearly Ele6lions, as aforefaid ; and that no one Per-
fon fhall continue therein longer than three Years :
And in cafe any Member fhall deceafe before the
laft Eledion during his Time, that then at the next
Eledion enfuing his Deceafe, another fliall be chofen
to fupply his Place for the remaining Time he was
fo have ferved, and no longer.
IV.
THAT after the firll feten Years, every one
Oi the faid third parts that goeth yearly off, fhall be
uncapable of being chofen again for one whole
Year following : That fo all may be fitted for Go-
vernment, and have Experience of the Care and
Burden of it.
V.
THAT the provincial Council in all Cafes and I
Matters of Moment, as their arguing upon Bills
to be pafl into Laws, erecting Courts of Juftice,
giving Judgment upon Criminals impeached, and|
Choice of Officers, in fuch Manner as is herein after-
mentioned ; not Icfs than two -thirds of the whole]
provincial Council fhall make a §uorum ; and that
the Confent not Approbation of two-thirds of fuch
^orum fhall be had in all fuch Cafes and Matters
of Moment. And moreover, that in all Cafes and
Matters of leffer Moment, twenty-four Members
of the faid provincial Council fhall make 2i^orumA
the Majority of which twenty-four fh^ll and may
always determine in fuch Cafes andCaufes of lefTerj
Moment.
VI.
THAT in this provincial Council the Gover-
nor, or his Deputy, fliall or may always prefideJ
and have a treble Voice -, and the faid provincial
Council lliall always continue, and fit upon itsj
Qwn Adjournments and Committees.
VII.I
IvM'i
falling off
' fuch new
no one Per-
riree Years :
; before the
at the next
ill be chofen
'ime he was
, every one
off, fliall be
one whole
Ltted for Go-
he Care and
all Cafes and
r upon Bills
s of Juftice,
reached, and]
i herein after-
of the whole]
m *, and that
birds of fuch
and Matters
all Cafes and
)ur Members
ke 2l Quorum}
,^11 and may
lufes of leffer
Five Indian Nations, ^c.
VII.
THAT the Governor and provincial Council
fhall prepare and propofe to the general AfTembly
hereafter me itioned, all Bills, which they Ihall at
any Time think fit to be paffed into Laws within
the faid Province •, wliich Bills fhall be publifhed
and affixed to the moft noted Places in the irrha-
bited Parts thereof, thirty Days before the Meet-
ing of the general AfTembly, in order to the pafTing
them into Laws, or rejeding of them, as the ge-
neral AfTembly fhall fee meet.
VIIL
THAT ihe Governor and provir ial ouncil
fhall take care, that all Law3, Stat> -s ind Ordi-
nances, which fhall at any Time bf^ l id * within
the faid Province, be duly and diiig ^tly executed.
IX.
THAT the Governor and provincial Council
Ihall at all Times have the Care of the Peace and
Safety of the Province, and that nothing be by any
Perfon attempted to the Subvet€on of this Frame
of Government.
X.
THAT the Governor and provincial Council
Ihall at all Times fettle and order the Situation of
all Cities, Ports, and Market-Towns in every
County, modelling therein all publick Buildings,
Streets, and Market- Places, and Ihall appoint all
necelTary Roads and Highways in the Province.
212
il the Cover- ■ XL
ways prefideji xhAT the Governor and provincial Council
id provincial I ji^li ^^ all Times have Power to infpeft the Ma-
fit upon it^lnagementof the publick Treafury, and punilh thofe
I ^^^^ ^^^ convert any Pa, t thereof to any other
Vll'i 4 Ufe,
.v*..
rl
!^'^
224 , 3^^ History of the I
Ufe, than what hath been agreed upon by the Go-
vernor, provincial Council, and general Aflcmbly.
XII.
THAT the Governor and p'-ovincial Council
. ihall ere£t and order all publick School,?, and en-
. courage and reward the Authors of ufeful Sciences
and laudable Inventions in the faid Province.
XIII.
; T H AT for the better Managenient of the Powers |
and Truft aforefaid, the provincial Council ftiall
from time to time divide itfelf into four diftind
and proper Committees, for the more eafy Admini-
ftration of the Affairs of the Province, which divides I
the Seventy-two into four Eighteens, every ons of]
wliich Eightcens Ihall confift of fix out of each of
the three Orders or yearly Ele6lians, each of which|
Ihall have a diflindl Portion of Bufincfs, as follow
eth : Firjl, a Committee of Plantations, to fi tuate and|
fettle Cities, PorD!, and Market-Towns, and High-
ways, and to hear and decide all Suits and Contro-
verfics relating to Plantations. Secondly ^ a Com-I
mittee of Jufticcand Safety, to fecure the Peace]
of the Province, and puni% the Male-Adminiflra-
tion of thofe who fubvert Juftice to the Prejudice]
of the publick or private Intereft. Thirdly^ a Com-
mittee of Trade and Treafury, who fhall regulate]
all Trade and Commerce according to Law, en-J
courage Manufafture and Country-Growth, andj
defray the publick Charge of the Province. And]
.FourtMy^ a Committee of Manners, Education,]
and Arts, that all wicked and fcandalous Living!
may be prevented, and that Youth may be fuc-
cellively trained up in Virtue and ufrful Knowledge
and Arts : The y^iorum of each of which Com-
mittees beiiJg fix, ^ha^ is, two out of each of the
three Orders or yearly Eleftions, as aforefaid, make
a conftant and (landing Council of Twenty-four,
whiclil
)y the Go-
Affcmbly.
f the Powers
Duncil ihall
bur diftinft
ify Admini-
hich divklcs
every ons of
It of each of
ich of which
s, as follow-
to fi mate and
;, and High-
and Contro-
idly, a Com-
re the Peace
-Adminiftra-
:he Prejudice
rdly^ a Com
hall regulatd
to Law, en
jrowth, and
)vince. And
Education,
alous Living
may be fuc
al Knowledge
which Com
>f each of th
brefaid, mak'
VENTY-FOUR
whicl'
Five Indian Nations, &c.
which will have the Power of the provincial Coun-
cil, being the ^orum of it, in all Cafes not ex-
cepted in the fifth Article ; and in the faid Com-
mittees and ftanding Council of the Province, the
Governor or his Deputy fliall or may prefide, as
aforefaid j and in the Abfence of the Governor or
his Deputy, if no one is by either of them ap-
pointed, the faid Committees or Council ftiall ap-
point a Prefident for that Time, and not other-
wife ; and what fhall be refolved at fuch Commit-
tees, (hall be reported to the faid Council of the
Province, and ftiall be by them refolved and con-
firmed before the fame fhall be put in Execution ;
and that thefc refpedive Committees fhall not fit at
one and the fame Time, except in Cafes of Necef-
fity. ...
XIV.
AND, to the End that all Laws prepared by
the Governor and provincial Council aforefaid, may-
yet have the more full Concurrence of the Free-
inen of the Province, it is declared, granted, and
confirmed. That at the Time and Place or Places
for the Choice of a provincial Council as aforefaid,
the faid Freemen fhall yearly chufe Members to
ferve in a general AfTembly as their Reprefentatives,
not exceeding two hundred Perfons, who fhall yearly
meet from the twentieth Day of the fecond Month,
which ftiall be in the Year One Thoufand Six Hun-
ted Eighty and ^hree following, in the capital
Town or City of the faid Province, where during
eight Days the feveral Members may freely confer
with one another •, and, if any of them fee meet,
with a Committee of the provincidl Council (con-
fifting of three out of each of the four Committees
aforefaid, being twelve in all) which fhall be at that
Time, purpofely appointed to receive from any of
them Propofals for the Alterations or Amendment
of any of the laid propoftd and promulgated Bills :
And on the ninth Day from thei: fo meeting, the
Q^ laid
225
uiiL a>
r.ij ' \
I ;
• I
U }.
226 The Mi^TOfLY of the
faid general Affcmbly, after Reading over the pro-
pofcd Bills by the Clerk of the provincial Council,
and the Occafions and Motives for them being
opened by the Governor or his Deputy, ftiall give
their Affirmative or Negative, which to them fcem-
eth beft, in fuch Manner as herein after is exprefs*d.
But not lefs than two- thirds (hall make a Quorum
in the Faffing of Laws, and Choice of fuch OfR-
cers as are by them to be chofen.
XV.
THAT the Laws fo prepared and propofed as
aforefaid, that are affented to by the general AfTem-
bly, Ihall be enrolled as Laws of the Province, with
this Stile : By the Governor ^ with the /ijfent and ap-
probation of the Freemen in provincial Council and ge-
neral jfjfembly,
XVL
T H AT, for the better Eftabliffiment of the Go- 1
vernment and Laws of this Province, and to thel
End there may be an univerfal Satisfaftion in thel
Laying of the Fundamentals thereof; the generalj
Affembly fkall, or may for the firft Year, confiitj
of all the Freemen of and in the faid Province, and!
ever after it fhall be yearly chofen as aforefaid j(
which Number of two hundred fhall be enlargec
as the Country fhall encreafe in People, fo as it dc
not exceed five hundred at any Time : The Ap-
pointment and Proportioning of which, as alfo the
Laying and Methodizing of the Choice of the pro-
vincial Council and general Affembly in future
Times, mod equally to the Divifions of the Hun-
dreds and Counties, which the Country ffiall here-
after be divided into, fhall be in the Power of the
provincial Council to propofe, and the general Afj
lembly to refolve.
XVIL
THAT the Governor and the orovincial Coun-
cil fhall creft from time to time ftanding Courts o|
Jufticel
Five Indian Nations, &c,
Juftice, in fuch Places and Number as they fliall
judge convenient for the good Government of the
faid Province. And that the provincial Council
Ihall on the thirteenth Day of the firft Month yearly,
cle£l and prefent to the Governor or his Deputy, a
double Number of Perfons, to ferve for Judges,
Treafurers, Matters of Rolls, within the faid Pro-
vince for the Year next enfuing -, and the Freemen
of the faid Province in the County-Courts, when
they fhall be ereded, and till then in the general
AfTembly, fhall on the three and twentieth Day of
the fecond Month yearly, eled and prefent to the
Governor or his Deputy, a doubie Number of Per-
fons to ferve for Sheriffs, Juftices of the Peace,
and Coroners, for the Year next enfuing ; out of
which refpedtive Eledions and Prefentments, the
Governor or his Deputy fliall nominate and com-
miflionate the proper Number for each Office the
third Day after the faid Prefentments j or elfe the
firlt named in fuch Prefentment for each Office,
fhall (land and ferve for that Office the Year en-
fuing.
XYIII.
BUT forafmuch as the prefent Condition of
the Province requires fome immediate Settlement,
and admits not of fo quick a Revolution of Offi-
cers ; and to the End the faid Province may, with
all convenient Speed, be well ordered and fettled, I
William Penn do therefore think fit to norSinate
and appoint fuch Perfons for Judges, Treafurers,
Matters of the Rolls, Sheriffs, Juftices of the Peace,
and Coroners, as are mott fitly qualified for thofe
Employments •, to whom I fhall make and grant
Commilfions for the faid Officers, refpeiftively, to
hold to them to whom the fame fhall be granted,
for fo long Time as every fuch Perfon fiall well
behave himfelf in the Office or Place to him re-
fpedively granted, and no longer. And upon the
Deceafe or Difplacing of any of the faid Officers,
0^2 the
227
|;-:irt
1|(< 1
228 He History of the
the fucceeding Officer or Officers ftiall be chofen a
aforefaid.
XIX.
THAT the general Aflembly fhall continue fo
long as may be needful to impeach Criminals fit to
be "there impeached, to pafs Bills into Laws that
they fliall think fit to pafs into Laws, and till fuch
Time as the Governor and provincial Council Ihall
declare that they have nc^hing further to propofe
^nto them for their Aflent and Approbation : And
that Declaration Ihall be a Difmifs to the general
Aflembly for that time j which general Aflembly
Ihall be notwithftanding capable of aflembling to-
gether upon the Summons of the provincial Coun-
cil, at any Time during that Year, if the faid pro-
vincial Council fhall fee Occafion for their fo aflem-
bling.
XX.
THAT all theEleaions of Members or Re-
prefentatives of the People to ferve in provincial
Council and general Aflembly, and all Queftions
to be determined by both or either of them, that
relate to pafling of Bills into Laws, to the Choice
of Oflicers, to Impeachments made by the general
Alfembly, and Judgment of Criminals upon fuch
Impeachments by the provincial Council, and to
all other Cafes by them refpedtively judged of Im-
portance, fliall be refolved and determined by the
Ballot i and unlefs on fudden and indifpenfible Oc-
cafions, no Bufinefs in provincial Council, or its
refpe6live Committees, mall be finally determined
the fame Day that it is moved.
XXL
THAT at all times, when, and fo often as it
fliall happen that the Governor iliall or may be an
Infant under the Age of one and twenty Years,
and no Guardians or Commiflioncrs are appointed
in Writing by the Father of the faid Infant, or that
fuch
chofen a&
Dntinuc fo
inals fit to
Laws that
d till fuch
luncil (hall
:o propofe
cion : And
:he general
1 Affembly
mbling to-
icial Coun-
le faid pro-
ir fo affem-
)ers or Re-
1 provincial
I Qucftions
them, that
the Choice
the general
upon fuch
icil, and to
iged of Im-
ined by the
penfible Oc-
unci), or its
r determined
b often as it
may be an
venty Years,
•e appointed
ifant, or that
fuch
Five Indian Nations, &c.
fuch Guardians or Commiflioners fhali be deceaied v
that during fuch Minority,, the provincial Council
fiiall from Time to Time, as they fhall fee meet,
conftitute and appoint.Guardians or Commiflioners,
not exceeding three j one of which three lliall pre-
fide as Deputy and chief Guardian, during fuch
Minority,^ and fhall have, and execute, with the
Confent of the other two, all the Power of a Go-
vernor, in all the publick Affairs and Concerns of
the fkid Province.
XXII.
THAT as often as any Day of the Month
mentioned in any Article of this Charter, fhall fall
upon the firll: Day of the Week, commonly called
the Lord's I>»jv, the Bufinefs appointed for that
Day fhall be deferred till the next Day, unlefs in
I cafe of Emergency.
xxin.
THAT no Adt, Law, or Ordinance whatfo-
cvcrj^, fhall at any time hereafter be made or done
I by the Governor of this Province, his Heirs or
I Alfigns» or by the Freemen in the provincial Coun-
cil, or the general Affembly, to alter, change or
diminifh the Form or EfFet^l of this Charter, or any
Part or Claufe thereof, or contrary to the true In-
tent and Meting thereof, without the Confent of
the Governor, his Heirs or Affigns, and fix Parts
of feven of the faid Freemen in provincial Council
I and general Affembly.
XXIV.
AND LASTLY, That I the faid miliamPenn,
Ifor myfelf, my Heirs and Alfigns, have folemnly
declared, granted, and confirmed, and do hereby
folemnly declare, grant, and confirm, That neither
I, my Heirs nor Alfigns, fhall procure or do any
[Thing or Things, whereby the Liberties in this
Q^ 3 Charter
2:29
„ Vr
i ^^1
iilf. ± \
230
ne History of the
Charter contained and exprefled (hall be infringed
or broken j and if any Thing b^^ procured by any
Perfon or Perfons contrary to thefe Premiffes, it
ihali be held of no Force or EfF^ft. IN WIT-
NESS whereof, I the faid JVilliam Penn have unto
this prefent Charter of Liberties fet my Hand and
broad Seal, t\{\sfive and twentieth Day of the fecond
Month, vulgarly called Aprils in the Year of our
LORD One Tboujand Six Hundred and Eighty-two.
"William Penn.
L AW S agreed upon in England, &c.
THAT the Charter of Liiberties, declared,
granted, and confirmed thtfive and twentieth
Day of the fecond Month, called Jpril^ 1682, be-
fore divers Witnefles, by William Penn, Governor
and chief Proprietor of Penjihania, to all the Free-
men and Planters of the faid Province -, is hereby
declared and approved, and fhall be for ever held
for Fundamental in the Government thereof, accord-
ing to the Limitations mentioned in the faid Charter.
II.
THAT every Inhabitant in the faid Province,
that is or fhall be a Purchafer of one hundred Acres
of Land, or upwards, his Heirs and Affigns, and
every Perfon who fhall have paid his PafTage, and
taken up one hundred Acres of Land at one Penny
an Acre, and have cultivated ten Acres thereof;
and every Perfon that hath been a Servant or Bonds-
man, and is free by his Service, that fhall have!
taken up his fifty Acres of Land, and cultivated
twenty thereof; and every Inhabitant, Artificer, or
other Refident in the faid Province, that pays Scot
and Lot to the Government, Ihall be deemed and'
^c-l
Five Indian Nations, fi?r,
accounted a Freeman of the faid Province : And
every fuch Perfon fhall and may be capable of elect-
ing, or being elected Reprefentatives of the People
in provincial Council or general Affembly in the
faid Province.
III.
THAT all Elea:ions of Members, or Repre-
fentatives of the People and Freemen of the Pro-
vince of Peft/thama, to ferve in provincial Council
or general Affembly to be held within the faid Pro-
vince, (hall be free and voluntary : And that the
Eledor, that ihall receive any Reward or Gift, in
Meat, Drink, Monies, or otherwife, fliall forfeit
his Right to elecl ; and fuch Perfon as (hrll diretft-
ly or indire(5lly give, promife, or beftow any fuch
Reward as aforefaid, to be eleded, fhall forfeit his
Election, and be thereby incapable to ferve as afore-
faid : And the provincial Council and general Af-
fembly fhall be the fole Judges of the Regularity
or Irregularity of the Eledlions of their own refpe^*
tive Members. ^■
IV.
THAT no Money or Goods fhall be raifed
upon, or paid by any of the People of this Pro-
vince by way of publick Tax, Cuftom, or Contri-
bution, but by a Law for that Purpofe made •, and
whofoever fhall levy, colled, or pay any Money
or Goods contrary thereunto, fliall be held a pub-
lick Enemy to the Province, and a Betrayer of the
Liberties of the People thereof.
231
I (.11
i^ ) ; hi
I i f
1 !l
Hi,
V.
THAT all Courts fhall be open, and Jufticc
(hall r^ither be fold, denied, nor delayed.
VI.
THAT in all Courts, all Perfons of all Perfua-
fions may freely appear in their own Way, and ac-
cording to theii' own Manner, and there perfonally
0^4 plead
ill
!!i
1;
I
'$- '
s
if
it32 The Hist OKY of the -
plead their own Caufe themfelvcs j or if unable,
by their Friend : And the firft Procefs fhall be the
Exhibition of the Complaint in Court, fourteen
Days before the Trial ; and that the Party com-
plained againft may be fitted for the fame, he or
fhe fhall be fummoned, no lefs than ten Days be-
fore, and a Copy of the Complaint delivered him
or her, at his or her Dwelling-houfe. But before
the Complaint of any Pcrfon be received, he fhall
folemnly declare in Court, That he believes in his
Confcience his Caufe is juft.
VII.
THAT all Pleadings, ProcefTes, and Records
in Court fliall be fhort, and in Englijh^ and in an
ordinary and plain Charader, than they may be un-
derftood, and Juftice fpeedily adminiftred.
VIII.
.l|^THAT all Trials fhali be by twelve Men, and
m near as may be, Peers or Equals, and of the
Neighbourhood, and Mexi witliout jufl Exception
in Cafes of Life, there fliall be Brfl twenty-four re-
turned by ij r; Sheriffs lor a Grand Inqucfl, of whom
tv^eive at lr <^t fhall find the Complaint to be true -,
and then the twelve Men, or Peers, to be likewife
returned by the Sheriff, fhall have the final Judg-
ment. But reafonable Challenges fhall be always
admitted againfl the faid twelve Men, or any of
them.
IX.
THAT all Fees in all Cafes fhall be moderate,
and fettled by the provincial Council and general
AfTembly, and be hung up in a Table in every re-
ipedive Court-, and whofoever fhall be convided
of taking more, fhall pay two-fold, and be difmiffed
his Eniployment, one Moiety of which fhall go to
the Party wronged.
X.
Five Inpian Nations, (3c,
. • • . X.
THAT all Prifons (hall be Work-houfes for
Felons, Vagrants, and loofe and idlePerfons -, whereof
one Ihall be in every County.
XI.
THAT all Prifoners Ihall be bailable by fuffi-
cicnt Sureties, unlefs for capital Offences, where the
Proof is evident, or the Prefumption great.
XII.
THAT all Perfons wrongfully imprifoned or
profecuted at Law, Ihall have double Damages
againft the Informer or Profecutor. .
XIII.
T H AT all Prifons Ihall be free as to Fees, Food,
and Lodging.
XIV.
THAT all Lands and Goods (hall be liable to
I pay Debts, except where there is legal liTue, and then
I all the Goods, and one third of the Land only,
XV.
THAT all Wills in Writing attefted by two
IWitneffes, (hall be of the fame Force, a? o Lands,
as other Conveyances, being legally pn ed within
forty Days, either within or without the faid Pro-
Ivince.
XVL
THAT feven Years quiet Poffeliion fhall give
Ian unqueftionable Right, except in Cafes of Infants,
Lunaticks, married Women, or Perfons beyond
I the Seas.
XVII.
THAT all Briberies and Extortions ,vhatfocvcr,
I ihall be feverely punilhed.
XVIII.
233,
ii-
! li' ■•
, 'I'
,1. r
n
\i>
;|.
!• I
,!■ :jii
hi
Mir
1 ;
,'A'i<
23^ The History 0/ the^ ; :
XVIII.
THAT all Fines fliali be moderate, and faving
Mens Contenements, Merchandize, or Wainage,
XIX.
THAT all Marriages (not forbidden by the
Law of God, as to Nearnefs of Blood and Affinity
by Marriage) fhall be encouraged j but the Parents
or Guardians fhail be firft conlulted, and the Mar-
riage fhali be publifned before it be folemnized •,
and it fliall be folemnized by taking one another as
Hufband and Wifj, before credible Witneffes, and
a Certificate of the whole, under the Hands of Par-
tics and Witneifes, fhall be brought to the proper
Regiiler of that County, and Ihall be regiftred in
his Office.
XX.
AND to prevent Frauds and vexatious Suits
within the faid Province, that all Charters, Gifts,
Grants, ai^d Conveyances of Land, (except Leafes
for a Year or under) and all Bills, Bonds, and Spe-
cialties above five Pounds^ and not under three
Months, made in the faid Province, fhall be en-
rolled or regiftred in the publick Enrolment-Office
of the faid Province, within the Space of two
Months next after the Making thereof, elfe to be
void in Law. And all Deeds, Grants, and Con-
veyances of Land (except as aforefaid) within the
faid Province, and made out of the faid Province,
fhall be enrolled or regiftred as aforefaid, within fix
Months next after the Making thereof, and fettling
and conltituting an Enrolment-Office or Regiftry
within the faid Province, elfe to be void in Law againft
all Perfons whatfotver.
XXI.
THAT all Defacers or Corrupters of Charters,
Gifts, Grants, Bonds, Bills, Wills, Contrads, and
Conveyances, or that fhall deface or falfify any En-
rchncnt, Regiftry or Record within this Province,
- fhaiy
Five Indian Nations, ^c,
iliall make double Satisfadlion for the fame ; half
whereof fhall go to the Party wronged, and they Ihall
be difmiffed of all Places of Truft, and be pubiickly
difgraced as falfe Men.
XXII.
THAT there Ihall be a Regifter forBirtlis, Mar-
riages, Burials, Wills, and Letters of Adminifl-ra-
tion, diftind from the other Regiftry.
XXIII.
THAT there fliall be a Regifter for all Servants,
where their Names, Time, Wages, and Days of Pay-
ment Ihall be regiftred.
XXIV.
THAT all Ls.nds and Qoods of Felons ihall be
liable to make Satisfaftion to the Party wronged
twice the Value •, and for Want of Lands or Goods,
the Felons fhall be Bondmen to work in the common
Prifon or Work-houfe, or otherwife, till the Party
injured be fatisfied.
XXV.
T H AT the Eftates of capital Offenders, as Trai-
tors and Murderers, Ihall go one third to the next of
kin to the Sufferer, and the Remainder to the next of
kin to the Criminial.
XXVI.
THAT all Witnefles, coming or called to tef-
tify their Knowledge in or to any Matter or Thing
in any Court, or before any lawful Authority within
the faid Province, fhall there give or deliver in
their Evidence or Teftimony by folemnly promi-
fing to fpeak the Truth, the whole Truth, and no-
thing but the Truth, to the Matter or Thing in
Queftion. And in cafe any Perfon fo called to
Evidence, fhall be convided of wilful Falfhood,
fiich Perfon fhall fuffer and undergo fuch Damage
or Penalty, as the Perfon or Perfons againft whom
he or fhe bore falfe Witnefs, did or fliould under-
go J and fhall alfo make Satisfadtion to the Party
wronged.
^zi
I ^
, fi \ '\
I- ir
r\
fiii
236 '^'Tle History of the -
wronged, and be publickiy expofed as a falfe Wit-
nefs, never to be credited in any Court, 05 before
any Magidrate in the faid Province.
XXVII.
AND to the end that all Officers chofen to
ferve within this Province, may with more Care and
Diligence anfwer the Truft repofed in them, it i&
agreed, That no fuch Perfon mall enjoy more than
one pubJick Office at one Time.
XXVIIL
THAT all Children within this Province of the
Age of twelve Years, ihall be taught fome ufeful
Trade or Skill, to the end none may be idle, but
the Poor may work to*live, and the Rich, if they
become poor, may not want.
XXIX.
THAT Servants be not kept longer than their
Time, and fuch as are careful, be both juftly and
kindly ufed in their Service, and put in fitting Equi-
page at the Expiration thereof, according toCuflom^
XXX.
THAT all fcandalous and malicious Reporters,
Backbiters, Defamers, and Spreaders of falfe News,
whether againft Magiftrates or private Perfons,
Ihall be accordingly feverely punillied, as Enemies
to the Peace and Concord of this Province.
XXXI.
THAT for the Encouragement of the Planters
and Traders in this Province, who are incorporated
into a Society, the Patent granted to them by fVii-
liam Penny Governor of the faid Province, is here-
by ratified and confirmed.
XXXII.
Five Indian Nations, &c.
»"«/^''- I XXXII.
0^ beiore
rhofen to ■ XXXIII.
Care and I THAT all Faftors or Correfpondents in the faid
em it is ■Province, wronging their Employers, fhall make
ciore than | Satisfadlion and one third over, to their faid Em-
ployers : And in cafe of the Death of any fuch
Fadtor or Correfpondent, the Committee of Trade
Ihall take care to fecure ui much of the decealed
nee of the ■ Party's Eftatc, as belongs to his ^aid refpedive Em-
:me ufeful |ploy«'-s.
idle, but I AAAlV.
h if they I THAT all Treafurers, Judges, Maflers of the
Rolls, Sheriffs; Juftices of the Peace, and other
Officers and Perfons whatfoever, relating to Courts
or Trials of Caufes, or any other Service in the
than their ■Government} and all Members clefted to ferve in
iuftlv and ■p'^ovinciai Council and general Affembly, and all
tine Fqui- B^^^ ^^^^ Right to ele<5t fuch Members, fhall be
oCuflom. W^^^ ^ profefs Faith in Jefus Chrift, and that are
not convided of ill Fame, or unfober and diihoneft
Converfation, and that are of twenty-one Years of
Reporters B^S^ ^' ^^^^ » *"^ ^^^^ ^^^ ^"^^^ ^® qualified, fhall
alfe News' W^ capable of the faid feveral Employments and Pri-
i Perfons! |vileges as aforefaid.
5 Enemies I XXXV.
;e, I THAT all Perfons living in this Province, who
confefs and acknowledge the one Almigh|y and Eter-
nal God, to be the Creator, Upiiolder and Ruler of
le Planters W^^ World ; and that hold themfelves obliged in
corporated ■Confcience to live peaceably and juftly in civil So-
m by IVtl- Iciety, fhall in no Ways be molelted or prejudiced
■e is here- I for their religious Perfuafion or Practice in Matters
of Faith and Worfhip, nor fhall they be compel rd
at any Time to frequent or maintain any religious
XXXII. iWorfliip, Place or Miniflry whatever.
XXXVI.
237
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The History cf f^e
XXXVI.
THAT according to the good Example of the
primitive Chriftian^, and the Eafe of the Creation,
every frji Day of the Week, called the Lord's
Day, People (hall abftain from their common daily
Labour, that they may the better difpofe themfelves
to worlhip God according to their Underftandings.
XXXVII.
TH AT as a carelefs and corrupt Adminiftration
of Juftice draws the Wrath of God upon Magi-
ftrates, fo the Wildnefs and Loofenefs of the Peo-
ple provoke the Indignation of God againft a Coun-
try : Therefore, That all fuch Offences againft God, I
as Swearing, Curftng, Lying, prophane Talking,
Drunkennefs, Drinking of Healths, obfcene Words,!
Inceft, Sodomy, Rapes, Whoredom, Fornication,|
and other Uncleannels (not to be repeated) allTrea-
fons^ Mifprifions, Murders, Duels, Felony, Sedi-
tion, Maims, forcible Entries, and other Violences,!
to the Perfons and Eftates of the Inhabitants withii
this Province. All Prizes, Stage-plays, Cards,
Dice, Maygames, Gamefters, Mafques, Revels,
Bull-baitings, Cock-fightings, Bear-baitings, anc'
the like, which excite the People to Rudenefs, Cru-
elty, Loofenefs, and Irreligion, fhall be refpediveij
difcouraged and feverely punilh'd, according to the
Appointment of the Governor and Freemen in pro]
vincial Council and general AfTembly ; as alfo al
Proceedings contrary to thefe Laws, that are noj
here made exprefly penal.
* XXXVIII.
TH AT a Copy of thefe Laws Ihall be hung uj
in the provincial Council, and in publick Courts
Juftice : And that they fhall be read yearly at tf
Op'^ning of every provincial Council and general Al
fembly, ^nd Court of Juftice j and their Aflent Ihall I
tcftifiec
i
4-A
Five Indian Nations, &c.
tcftified, by their Handing up after the Reading
thereof.
XXXIX.
THAT there fiiall be at no time any Alteration
of any of thefe Laws, without the Confent of the
Governor, his Heirs or Afligns, and fix Parts of
fdven of the Freemen, met in provincial Council and
general Aflembly. •
THAT all other Matters and Things not hereFn
provided for, which fhall and may concern the pub-
lick Juftice, Peace or Safety of the laid Province ;
and the raifing and impofing Taxes, Cuftoms, Du-
ties, or other Charges whatfoever, Ihall be and are
hereby referred to the Order, Prudence and Deter-
mination of the Governor and Freemen in provin-
cial Council and general Aflembly, to be held from
time to time in the faid Province.
Signed and Sealed by the Governor and Freemen
aforefaid, the fifth Day of the third Months
called May, One Tboujand Six Hundred and
Eighty-Two.
239
'1
Certain Conditions or Concessions agreed
upon by William Penn, Proprietor and
Governor of the Province o/'Penfilvania, and
thofe who are the Adventurers and Purchafers
in the fame Province y the Eleventh of July,
One Thotfand Six Hundred and Eighty-one.
FIRST.
THAT fo foon as it pleafeth God, that the
abovefaid Perfons arrive there, a certain Quan-
tity of Land or Ground Plat, Ihall be laid out for
a large Town or City, in the moft convenient Place
upon the River for Health and Navigation ; and
every
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every Purchafcr and Adventurer, fhall by Lot have
fo much Land therein as will anifwer to the Porpor-
tion which he hath bought or uken up upon Rent :
But it is to be noted, that the Surveyors fhall con-
(ider what Roads or Highways will be necefTary to
the Cities, Towns, or thro* the Lands. Great Roads
from City to City (hall not contain lefs than forty Foot
in Breadth, and fhall be firft laid out and declared
to be for Highways, before the Dividend of Acres
be laid out for the Purchafer ; and the like Obfer-
vation to be had for the Streets in the Towns and Ci-
ties, that there may be convenient Roads and Streets
preferved, not to be incroached upon by any Planter
or Builder, that none may build irregularly to the
Damage of another. In tbis^ Cuftom governs,
n.
THAT the Land in the Town be laid out to-
gether after the Proportion of ten tboufand Acres of
the whole Country, that is, two bundrtd PicxtA if the
Place will bear it : However, that the Proportion
be by Lot, and entire, fo as thofe that defire to be
together, efpecially thofe that are by the Catalogue
laid together, may be fo laid together both in the
Town and Country.
in.
THAT when the Country-Lots are laid out,
every Purchafer, from one tboufand to ten tboufandl
Acres, or more, not to have above one tboufandl
Acres together, unlefs in tbree Years they plant a j
Family upon every tboufand Acres i^ but that all
fuch as purchafe together, lie together ; and if as {
many as comply with this Condition, that the whole |
be laid out together.
4
IV.
■-•il If if
THAT where any Number of Purchafers, more
or lefs, whofe Number of Acres amounts to Jive or
. . 4 ' t(n\
Lot have
c Porpor-
lon Rent :
fhall con-
:ce(fary to
'eat Roads
forty Foot
d declared
I of Acres
ike Obfcr-
ms and Ci-
and Streets
any Planter
urly to the
rvems.
laid out to-
ifi Acres of
/Veres if the
Proportion
defire to be
\t Catalogue
x>th in the
re laid out,
ten tboufandl
one tboufandl
hey plant a|
but that all
. v and if as I
lat the whole
:hafers, more
itstojJwor
tiv« Ikdiak Natioms, &c,
ten thou/and Acres, deiire to fit together in a Lot
or Townfhip, they Ihall have their Lot or Town-
fhip caft together, in fuch Places as have conve-
nient Harbours or navigable Rivers attending it, if
fuch can be found *, and in cafe any one or more
Purchafers plant not according to Agreement in this
ConceflTion, to the Prejudice of others of the fame
Townfhip, upon Complaint thereof made to the
Governor or his Deputy, with Afliftance, they may
award (if they fee Caufe) that the complaining Pur-
chafer may, paying the Survey-Money, and Pur-
chafe-Money, and Intereft thereof, be entitled, in-
rolled and lawfully invefted in the Lands fo not
feated.
THAT the Proportion of Lands that fhall be
laid out in the firft great Town or City, for every
Purchafer, fhall be after the Proportion of ten
Acres for twcrf five hundred Kat^ purchafed, if the
Place will allow it.
VI.
THAT notwithftanding there be no mention
made, in the feveral Deeds made to the Purchafers,
yet the faid IVilliam Penn does accord and declare,
that all Rivers, Rivulets, Woods and Underwoods,
Waters, Water-courfes, Quarries, Mines and Mi-
nerals (except Mines Royal) fhall be freely and fully
enjoyed, and wholly by the Purchafers, into whofe
Lot they fall.
VII.
THAT for tvftry fifty Acres that fhall be allot-
ted to a Servant at the End of his Service, his Quit-
Rent fhall be two Shillings per Annumy and the
Mailer or Owner of the Servant, when he fhall take
up the other fifty Acres, his Quit-Rent fhall be
I four Shillings by the Year, or if the Mafltrr of the
Servant (by Reafon in the Indentures he is fo obliged
to do) allot out to the Servant ^/y Acres in his own
Divifion, the faid Mafler fhall have on Demand al-
R lotted
241
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'242 7J^ History of the
lotted him, from the Governor, the cne hundred
' Acres at the chief Rent ofjix Shillings per Annum.
VIIL
AND for the Encouragement of fuch as are in-
genious and willing to fearch 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
cafe a Difcovery fhould be made, that the Difco-
vertr have one fiflhy the Owner of the Soil (if not
the Difcoverer) a /f»/Z> Part, the Governor two fifths^
and the reft to the publick Treafury, faving to the
King the Share referved by Patent.
IX.
IN every hundred thoufand Acres, the Governor
and Proprietary, by Lot, refcrveth ten to himfelf,
what (ball lie but in one Place.
X.
THAT every Man Ihall be bound to plant or
man fo much of his Share of Land as fliall be let
out and furveyed, within three Years after it is fo
let out and ilirveyed, or clfe it fliall be lawful for
new Comers to be fettled thereupon, paying to them
their Survey-Money, and they go up higher for
their Shares.
XI. '
Til K RE (hal! l)e no buying and felling, be it
with anbidiiin^ or one among another, of any Goods |
to be exported, but what Ihall be performed in pub-
lick Market, when fuch Places fhall be fet apart orl
erected, where they Ihall pafs the publick Stamp or|
Mark. If bad Ware, and prized as good, or de-
ceitful in Proportion or Weight, to forfeit the Valuel
as if good and full Weight and Proportion, to thej
publick Treafury of the Province, whether it be th(
Merchandize of the Indian^ or that of the Planters.
XIIJ
TH
I the Nat
that is,
niay ]iv(|
preventi]
Iciiief.
TH
things
^'id prol
any of d
hundred
Annum,
as are in-
,nd Silver
:eed, that
,ny Man's
; •, and in
:he Difco-
oil (if not
two fifths^
nng to the
e Governor
to himfelf,
to plant or
fliall be let
er it is fo
e lawful for
ing to them
higher for I
'elling, be it
f any Gootis
medinpub-
fet apart or
ck StaiT^p or
;ood, or de-
^it the Value
•tion, to the]
:hcr it be th(
■he Planters.
xnJ
t'lVE Indian Nations, &c.
XIL
AND FORASMUCH as it Is ufual with
the Planters, to over- rearh the poor Natives of the
Country in Trade, by Goods not being good of
the Kind, or debafed with Mixtures, with which
they are fenfibly aggrieved, it is agreed, whatever
is fold to the Indians, in Confidoration of their Fur?,
fliall be fold in the Market- Place, and there fuffer
the Teft, whether good or bad j if good, to pafs ;
if not good, not to be fold for good, that the Na-
tives may hot be abufed nor provoked.
XIII.
THAT no Man fliall by any Ways or Means,
in Word or Deed, affront or wrong any Indian, bus
he fliall incur the fame Penalty of the Law, as if he
had committed it againfl: his Fellow-Planter -, and
if any Indian fliall abufe, in Word or Deed, any
Planter of this Province, that he fliall not be his
own Judge upon the Indian, but he fliall make his
Complaint to the Governor of the Province, or his
Lieutenant or Deputy, or fome inferior Magiftrate
near him, who fliall, to the utmoft: of his Power,
take Care with the King of the faid Indian, that all
[reafonable Satisfaction be made to the faid injured
Planter.
XIV.
THAT all Differences between the Planters and
I the Natives, fliall alfo be ended by twelve Men,
jthat is, by Jix Planters and fix Natives, that fo wc
may live friendly together as much as in us lieth,
[preventing all Occafions of Heart-burnings end Mif*
1 chief.
XV.
THAT the Indians fliall have Liberty to do all
IThings relating to the Improvement of their Ground,
and providing Siiftenance for their Families, that
any of the Planters fliall enjoy.
' R 2 XVI.
243
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ne HisTORV of the
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XVI.
THAT the Laws as to Slanders, Drunkennefs,
Swearings Curfing^ Pride in Apparel, Trefpaffcs,
Diftreffes, Replevins, Weights and Meafgres, fhall
be the fame as in England^ till altered by Law in
this Province.
XVII.
THAT all Ihall mark their Hogs, Sheep and
otiier Ca,ttle, and what are not marked within three
Months after it is in their Poflefiion, be it young
or old, it (hall be forfeited to the Governor, that
fo People may be compelled to avoid theOccafions
of much Strife between Planters.
xvin.
That in clearing the Ground, Care be taken
to leave one Acre ot Trees for every fiiie Acres
clearM, efpecially to prefervcOak and Mulberries for |
Silk and Shipping.
XIX.
THAT all Ship-Mafters fhall give an Account I
of their Countries, Names, Ships, Owners, Freights
and Paflengers, to an Officer to be appointed for
that Purpofe, which fhall be regiftred within two\
Days after their Arrival i and if they fhall refufe fo tol
do, that then none prefumc to trade with themJ
upon Forfeiture thereof ; and that fuch Maflers be!
looked upon, as having an evil Intention to tbel
Province.
XX.
THAT no Perfon leave the Province, without!
Publication being made thereof, in the Market-|
Place, three Weeks before, and a Certificate fror
fome Juftice of the Peace, of his Clearncfs witi
his Neighbours, and thofe he hath dealt withal, fa
far as fuch an AfTurance can be attained and given;
And if any Mafter of a Ship fhall, contrary here-
unto, receive and carry away any Perfon, that hat*
Five Indian Nations, &c,
not given that publick Notice, the faid Matter
ihall be liable to all Debts owing by the (aid Per-
fon, fo fccretly tranfported from the Province.
Laftly% tliat thefe are to be added to, or correded,
by and with the Confent of the Parties hereunto
fubfrnbed.
Seakd and ddhmd in ^"-"am Penh;
the Prefence of
William Boelham,
Harbert Springet,
Thomas Prudyard,
Scaled and delivered in the Prefence of all the PrO"
prietors who have hereunto fuhfcribed, except
Thomas Farrinbofrough and John Goodibn, in
the Prefence of
«45
Hugh Chamberlen,
R. Murray,
Harbert Springer,
Humphry South,
Thomas Barker,
Samuel Jobfon,
John-Jofeph Moore,
William Powel,
Richard Davie,
GrifHth Jones,
Hugh Lambe,
Thomas Farrinborrough,
John Goodfon.
! ti
ii-
Uv i
A£t ACT fl/' Settlement, made at
Chefter, 1682.
WHEREAS William Penn, Proprietary
and Governor of the Province of Penfyt-
vania^ and Territories thereunto belonging, hath,
out of his great Kindnefs and Goodnefs to the In-
habitants thereof, been favourably pleafed to give
and grant unto them a Charter of Liberties and Pri-
vileges, dated the twenty-fifth Day of the fecond
Month, One Thoufand Six Hundred and Eighty-two :
By which Charter it is faid, the Government ihall
R 3 confift
. „>
hi'
It
^^fc,
I i
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Li '
246 ne lii^TO^Y of the
confift of the Governor and Freemen of the faid
Province, in the Form of a provincial Council and
general Alfembly •, and that the provincial Council
fhall confift o'i fevetity-two Members, to be chofen
by the Freemen -, and that the gen:ral Affembly
may, the /r/? Year, confift ol the whole Body of the
Freeholders, and ever after of an elected Number,
not exceeding two hundred Perfons, without the
Confcnt of the provincial Council and general Afr
fembly : And fuch Aficmbly to fit yearly on the
twentieth Day of the third Month, as in the firfty
fecondy thirds fr^th^ fourteenth and ftxteenth Arti-
cles of the Charter, Reference being thereunto had,
doth more at large appear.
AND FORASMUCH as this Charter was
the firft of thofe probationary Laws, that were
agreed to and made by and between the Proprietary,
and Go- "or, and Freeman in England^ that were
Purcha \n this Province, which faid Laws, in
the whoic and in every Part thereof, were to be fub-
mitt^l to the Explanation and Confirmation of the
jirfi provincial Council and general Aficmbly that
was to be held in this Province, as by the Title and
firfi Law of the faid Agreement, doth plainly ap-
pear.
AND WHEREAS, the Proprietary and Go-
vernor hath, according to that Charter, iffued out
Writs to the refpedive Sheriffs of the fm Counties
of this Province, to fummon the Freemen thereof,
to chufe in each County twelve Perfons of moft
Note for their Sobriety, VVifdom, and Integrity, to
, ferve in provincial Council \ and alfo to intbrm the
Freemen that they might come, for this Time, in
their own Perfons, to make up a general Afi^embly,
according to C'lartcr. And that the faid refpedtive
Sherifl^s by their Returns, and the Freemen by their
Petitions to the Proprietary and Governor, have
plainly declared, that the Fewnefs of the People,
|iieir Inability in Eftate, and Unflcilfulnefs in Mat-
ters
'tin I?"
Five Indian Nations, (^c,
ters of Government, will not permit them to ferve
in lb large a Council and Aff/mbly, as by the Char-
ter is exnreflfed ; and therefore do defire, that the
Members now chofen to be their Deputies and Re-
prefentativcs, may firrve both for provincial Coun-
cil and general AlTcmbiy ; that is to fay, three out
of each bounty for the provincial Council, and the
remaining nine for the general Aflembly, according
to A6t, as fully and amply as if the laid provincial
Council and general Alfvinbly had confillcd of the
faid Numbers of Members menti(jned in the Char-
ter of Liberties, upon Confideration of the Pre-
mifes •, and that the Proprietary ana Governor may
teftify his great Willingncfs to comply with that
which may be moll eafy and plealing, he is willing
that it be enafted.
AND BE IT ENACTED by the Proprietary
and Governor, by and with the unanimous Advice
and Confent of the Freemen of this Province, and
Territories thereunto belonging, in provincial Coun-
cil and general Aflembly met, That the Numbers
defired by the Inhabitants in their feveral Petitions,
and exprefsM to be their Defires by the Sheriffs
Returns to the Proprietary and Governor, to ferve
as the provincial Council and general Aflembly,
be allowed and taken, to all Intents and Purpofes,
to be the provincial Council and general Aflfembly
of this Province : And that the ^tcrum fhall be
proportionably fettled, according to the Method
exprefs*d in the fifth Article •, that is to fay, two
thirds to make a ^orum in extraordinary Cafe.-,
and one third in ordinary Cafes, as is provided in
the faid fifth Article : Which faid provincial Coun-
cil and general Aflembly, fo already chofen, are
and fliall be held and reputed the legal provincial
Council and general Aflembly of the Province and
Territories thereof, for this prcfent Year ; and that
from and after the Expiration of this prefent Year,
the provincial Council fliall conflfl: of three Perfons
R 4 out
247.
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m'l^
II i
h I
Li
Ml
li
248 ne HitroKY cf the
out of each County, as aforcfaid 5 nnd the Aflem-
bly fhall conlift of /?;? Perfons out of each County,
which faid provincial Council and general Affcmbly
may be hereafter enlarged, as the Governor, and
provincial Council and Aflembly (hall fee Caufe,
fo as the faid Number do not, at any time, exceed
the Limitations exprefs'd in the third and ftxteentb
Article of the Charter, any Thing in this Adt, or
any other Adt, Charter or Law, to the contrary in
any wife notwithftanding.
AND becaufe the Freemen of this Province and
Territories thereof, are deeply fcnfible of the kind
and good Intentions of the Proprietary and Gover-
nor in this Charter, and of the fingular Benefit that
redounds to them thereby, and are defirous that it
may in all Things beft anfwer the Defign of the
publick Good, the Freemen of the faid provincial
Council and general Aflembly met, having unani-
moufly requcfted fome Variations, Explanations
and Additions, in and to the faid Charter, he the
Proprietary and Governor, hath therefore yielded
that it be enadted :
AND it is hereby ENACTED, That the
Time for the Meeting of the Freemen of this Pro-
vince and Territories thereof, to chufe their Depu-
ties to reprefent and ferve them, in provincial
Council and general Aflembly, fhall be yearly here-
after, on the tenth Day of the Jirfi Month, which
Members fo choferi for the provincial Council, ihaU
make their Appearance, and give their Attendance,
in provincial Council, within twenty Days after their
]|&lo5bion 5 and the faid Members ele<5ted to ferve
in general Aflembly, ftxall yearly meet and aflemblc,
on the tenth Day of the laid third Month, to the
End and Purpofes declared in the Charter, at and
hi fuch Place as is liniited in the faid Charter, un-
)cfs the Governor and provincial Council Ihall, at
any time, fee Caufe to the contrary,
AND
V
\ h t-i ■ '
U 6 ^ ^
Five Indian Nations, (^c,
AKIv WHEREAS it is expicfsM in the faid
Charter, That the Governor and provincial Coun-
cil iliall prepare and propofe to the general Alftm-
bly, all Bills which they Ihall think fit to prfs into
Laws, within the faid Province: BE IT EN-
ACTED by the Authority aforefaid. That die
Governor and provincial Council, fhall have the
Power of preparing and projX)fing to the general
Alfcmbly, all Bills that they Ihall jointly alient to
and think fit to have pafs*d into Laws, in the faid
Province and Territories thereof, that are not in-
confiftcnt with, but according to the Powers grant-
ed by the King's Letters Patents to the Proprietary
and Governor aforefaid •, which Bills (ball be pub-
lifhed in the moft noted Towns and Places in the
faid Province and Territories thereof, twenty Days
before the Meeting of the general Affembly afore-
faid.
AND for the better Decifion and Determiftaition
of all Matters and Qiieftions upon Elections of Repre-
fentatives, and Debates in provincial Council and
general Affembly, It is hereby declared and EN-
ACTED, ^f. That all Queitions upon Elcdfeions
of Reprefentatives, and Debates in provincial Coun-
cil and general Affembly, in perfonal Matters, ihall
be decided by the Ballot *, and all Qiiefcions about
Ereparing and enading Laws, Ihall be determined
y the Vote. ..^a
AND that fo united an Intereft may have an
united Term and Stile to be exprefs*d by, It is
hereby declared and ENACTED, That the gp-
neral Affembly (hall be henceforth termed or call-
ed THE Assembly ; and the Meeting of the Go-
vernor, provincial Council, and Aflembly, and
their Adts and Proceedings, fhall be ftiled and
called THE Meetings, Sessions, Acts or Pro-
ceedings of the General Assembly of the Pro-
vince of Penfilvania, and the Territories thereunto be-
longing. And that the Freemen of this Province,
4nd
2«
If'
!Sf) ■''
um
L
' ,1
ki
25® 7^^ History c/*//?^ '
and the Territories thereof, may not on their Part,
fcem unmindFiil or ungrateful to their i^roprietary
and Governor, for the Teftimony he kth been
pleafed to give, of his great Good- Wiil towai ds them
and theirs, nor be wanting of that Duty they owe
to him and themfelves, they have prayed Leave
hereby to declare their moft hearty Acceptance of
the faid Charter, and their humble Acknowledg-
ments for the fame, folemnly promifing, that they
will inviolably obferve and keep the fame, exxept
as is therein excepted, and will neither diredly nor
indireftly contrive, propofe, cnaft, or do any Thing
or Things whatfoever, by Virtue of the Power
thereby granted unto them, that Ihall or may re-
dound to the Prejudice or DifadvantRge of the Pro-
prietary and Governor, his Heirs and Succcflbrs, in
their juft Rights, Properties and Privileges, grant-
ed to him and them by the King's Letters Patents,
and Deeds of Rcleafe and Feoffment made to him
by JAMES Duke of YoftK and Albany, 6ff.
and whom they defire may be hereby acknowledged
and recognized the true and rightful Proprietaries
and Governors of the Province of Penfyhania, and
Territories annexed, according to the King's Let-
ters Patents, and Deeds of Releafe and Feoffment
from James^ Duke of Tork and Albany^ unto the
faid Proprietary and Governor, his Heirs and Suc-
ceflbrs ; any Thing in this Acl, or any other Att,
Grant, Charter, or Law, to the contrary of thcfe
TWngs herein and hereby explained, altered, limit-
ed, promifed, declared, and enaded, in any wile
notwithftanding. "
i I
m
f
Five Inpian Nations, &c.
yZv FRAME of the Government of the
Province of Penfylv^nia, and Territories
thereunto annexed in America. ,... . .
TO ALL PERSONS, To whom thefc
Prcfcnts may come. WHEREAS King
CHARLES the Second^ by his Letters Patents,
under the great Seal of England^ bearing Date the
fourth Day of March^ in the thirty and third Year
of the King, for divers Confiderations therein men-
tioned, hath been gracioudy pleafed to give and
grant unto me TVtlliam Penn (by the Name of
IVilUam Pern, Efq-, Son and Heir of Sir IVilliam
Penn dcceafcd) and to my Heirs and Afligns for
ever, all that Tiad of Land, or Province called
Penfyhania^ in America^ with divers great Powers,
Prcheminences, Royalties, Jurifdictions, and Au-
thorities, necellary lor the Well-being and Govern-
ment thereof. AND WHEREAS the King's
deareft Brother, Jatnes Duke of Tork and Albany,
&c. by his Deeds of Feoffment, under his Hand
and Seal, duly perfeded, bearing Date the four
and twentieth Day of Auguft, One Thou/and Six
Hundred Eighty and Two^ did grant unto me, my
Heirs and Affigns, all that Traft of Land, lying
and being from twelve Miles Northward of New-
cajile upon Delaware River, in America, to Cape
Hinlopen, upon the faid River and Bay of Delaware
Southward, together with all Royalties, Franqhifes,
Duties, Turifdidtions, Liberties and Privileges there-
unto belonging.
NOWKNOWYE, That for the Well-be-
ing and good Government of the faid Province and
Territories thereunto annexed, and for the Encou-
ragement of all the Freemen and Planters, that may
be therein concerned, in Purfuance of the Rights
and Powers afore-mentioned, I thfe faid IVilliam
Penn have declared, granted and confirmed, and
by thefe Prefents, for me, my Heirs and Afligns,
do
251
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252 . Ti&f History of ihe •
do declare, grant and confirm unto all the Free-
men, Planters and Adventurers of, in and to the
faid Province and Tehitories tlKreof, thefe Liber-
ties, Franchifes and Properties, fo far as in me
lieth, to be held, enjoyed and kept by the Free-
men, Planters and Adventurers of and in the laid
Province o^ Penfylvania and Territories thereunto an-
tiexed^ for ever. r
IMPRIMIS.
THAT the Government of this Province and
Territories thereof Ihall, from Time to Time, ac-
cording to the Powers of the Patent and Deeds of
Feoffment aforefaid, confift of the Proprietary and
Governor, and Freemen of the faid Province aiid
Territories thereof, in Form of provincial Council
and Affembly, which provincial Council Ihall con-
fift of eighteen Perfons, being ibree out of e^ch
County, and which Aflembly ihall confift of ihirty-
fix Perfons, being^y out of each County, Men of
moll Note for their Virtue, Wifdom and Ability,
by whom all Laws Ihall be made. Officers chofen,
and publick Affairs tranfadbed, as is hereafter limit-
ed and declaied.
n.
THERE being three Perfons already chofen
for every refpedlive County of this Province and
T'^rritories thereof, to ferve in the provinrial Coun-
cil, one of them for three Years, (me for two Years,
and one for one Year -, and one of them being to go
off yearly in every County *, that on the tenth Day
of i)\tjirft Month yearly, for ever after, the Free-
men of the faid Province and Territories thereof
Ihall meet together in the moft convenient Place in
every County of this Province and Territories thereof,
then and there to chufe one Perfon, qualified as
aforefaid, in every County, being one third of the
Number to ferve in provincial Council, for three
Years •, it being intended, that one third of the
whole provincial Council, confiiling and to confift
of
^ Five Indian Natioks, &c,
of eighteen Perfons, falling off yearly, it lliali be
yearly fupplied with fuch yearly Ekdions, as afore-
faid •, and that one Perfon ftiall not continue in
longer than three Years -, and in Cafe any Member
fhall deceafe before the laft Eledion, during his
Time, that then at the next Eleftion enfuing his
Deceafe, another fhall be chofen to fupply his Place
for the remaining Time he was to have ferved, atid
no longer.
in.
THAT after the firft feven Years, every one
of the faid third Parts that goeth yearly off, fhall
be incapuble of being chofen again for one whole
Year following, that fo all that ai*e capable and
qualified as aforefaid, may be fitted for Govern-
ment, and have a Share of the Care and Burthen
of it.
IV.
THAT the provincial Council in all Cafes and
Matters of Moment, as their arguing upon Bills
to be jpafTed into Laws, or Proceedings about creft-
ing or Courts of JufHce, fitting in Judgment upon
Criminals impeached, and Choice of Officers in
fuch Manner as is herein after exprefled, not lefs
than two thirds of the whole f lail make a ^orum ;
and that the Confent and Approbation of two thirds
of that ^orum fhall be had in all fuch Cafes or
Matters of Moment: And that in all Cafes and
Matters of lefTer Moment, one third of the whole
fhall make a ^orum^ the Majority of which fhall
and may always determine in fuch Cafes and Caufes
of lefTer Moment.
V.
THAT the Governor and provincial Council,
fhall have the Power of preparing and propofing to
the AlTembly hereafter mentioned, all Bills which
they fhall fee needful, and that fhall at any Time
be paft into Laws within the faid Province and Ter-
ritories thereof, which Bills fhall be publifhed and
4 affixed
253
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254 '« 7i6^ History ^//5(? v
affixed to the moft noted Place in every County of
this Province and Territories thereof, twenty Days
before the Meeting of the Aflembly, in order to
pafiing them into Laws.
;.•''. , / . ■■- VI. •;_;'.
THAT the Governor and provincial Council
Ihall take Care, that all Laws, Statutes, and Ordi-
nances, which fliall at any Time be made within the
faid Province and Territories, be duly and dili-
gently executed.
VII.
THAT the Governor and provincial Council
(hall, at all Times, have the Care of the Peace and
Safety of this Province and Territories thereof •,
and that nothing be by any Perfon attempted to
the Subverfion of this Frame of Government.
VIII.
THAT the Governor and provincial Council
fhall, at all Times, fettle and order the Situation
of all Cities and Market-tcwns in every County,
modelling therein all publick Buildings, Streets, and
Market-places ; and Ihail appoint all necefi'ary
Roads and Highways in this Province and Terri-
tories thereof.
IX.
THAT the Governor and provincial Council
Ihall, at all Times, have Power to infpe(^ the Ma-
nagement of the publick Treafury, and puniih
thofe who Ihall convert any Part thereof to any
other Ufe, than what hath been agreed upon by the
Governor, provincial Council, and Aflembly.
THAT the Governor and provincial Council,
Ihall ered and order all publick Schools, and en-
courage and reward the Aii.thors of ufeful Sciences
and laudable Inventions, in the faid Province and
Territories thereof. XI.
Five Indian Nations, &c,
XL
THAT one third of the provincial Council rc-
fiding v/ith the Governor, fhall with the Governor,
from Tinic to Time, have the Care of the Manage-
ment of all publick Affairs, relating to the Peace,
Juftice, Treafury, and Improvement of the Pro-
vince and Territories, and to the good Educatioa
of Youth, and Sobriety of the Manners of the In-
habitants therein, as aforefaid. ...
XII.
THAT the Governor or his Deputy, Ihall al-
ways prefide in the provincial Council, and that he
fhall at no Time therein perform any publick AA
of State whatfoever, that (hall or may relate unto
the Juftice, Trade, Treafury, or Safety of the Pro-
vince and Territories aforefaid, but by and with
the Advice and Confent of the provincial Council
thereof.
XIII.'
AND to the End that all Bills prepared and
agreed by the Governor and provincial Council, as
aforefaid, may yet havo the more full Concurrence
of the Freemen ot the Province and Territories
thereof, it is declared, granted and confirmed, that
at the Time and Place in every County, for the
Choice of one Perfon to ferve in provincial Council,
as aforefaid, the refpedlive Members thereof, at
their laid Meeting, lliall yearly chufe out of them-
ftlvcsjjx Peribns of moft Note, for Virtue, Wif-
dom, and Ability, to f>rve in Aflembly, as their
Rcprefi^ntatives, who Ihall yearly meet on the tenth
Day of the ihird Month, in the capital Town or
City of the faid Province, unlefs the Governor and
provincial Council fhall think fit to appoint ano-
ther Place to meet in, whtrc, during eight Days,
the ieveral Members may confer freely with one
another ; and if any of them fee meet, with a Com-
mittee
255
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gj;6 ' 72v History ^ the "
mitte of the provincial Council, which ihall be at:
that Time purpofely appointed, to receive from
any of them, Propofals for the Alterations or
Amkcndment of any of the faid proposed and pro-
mulgated Bills,; and on the ninib Day from theif
fo meeting, thc! faid Afiembly, after their reading
ever of the propofed Bills, by the Clerk of the
provincial Council, and the Occafions and Motives
ior them being opened by the Governor or his De-
puty, fhall, upon the Queftion by him put, give
their Affirmative or Negative, which to them
feemeth bcft, in fuch Manner as is hereafter ex-
preflfed : But not lefs than iwo thirds Ihall make a
^iGrtm in the pafllng of all Bills into Laws, and
Choice of fuch Officers as are by them to be chofen.
XIV.
THAT the Laws fo prepared and propofed as
aforefaid, that are aficnted to by the Alfembly,
fhali be enrolled as ]^aws of this Province and Ter-
ritories thereof, with this Stile, By the Governor^
with the /Ijfent and Approbation of the Freemen in
provincial Conmil and Affemhly met •, and from hence-
forth, the Meetings, ScflTions, Ads, and Proceed-
ir»gs of the Governor, provincial Council and Af-
fembly, fliall l>e ililed and called, T^he Meetings
Sejfions^ and Proceedings, of the general AJj'embly of
the Province of Penfylvania, and the 'Territories
thereunto bclcnging.
XV. '
AND that the Reprefent-itivcs of the People in
provincial Council and Afiembly, may in after Ages
bear fome Proportion with the Increafe and multi-
plying of die People, the Number of fuch Repre-
lentatives of the People, may be from Time to
Time incualcd and enlarged, \'o as at no Time the
Number exceed fcveiity-tivo for the provincial Coun-
cil, and iwo humbeJ for the AlTembly -, the Ap-
][X)intnKnt and Proportion * of which Number, as
alfo
'.i !!;
Five Indian Nations, &c,
alfo the laying and methodizing of the Choice of
fuch Reprefentatives in future Time, mod equally
to the Division of the Country, or Number of the
Inhabitants, is left to the Governor and provincial
Council to propofe, and the Aflembly to refolve,
fo that the Order of Proportion be ftrkStly obferved^
both in the Choice of the Council and the refpec-
tive Committees thereof, viz. one third to go off
and come in yearly.
XVI.
THAT from and after the Death of this pre-
fcnt Governor, the provincial Council fhall, toge-
ther with the fucceeding Governor, ered from
Time to Time, Handing Courts of Juftice, in fuch
Places and Number, as they fhall judge convenient
for the good Government of the laid Province and
Territories thereof ; and that the provincial Council
fliall, on the thirteenth Day of the fecond Moiuh
then next enfuing, ele(5t and prefent to the Gover-
nor or his Deputy, a double Number of Perfons,
to ferve for Judges, Treafurers, and Mafters of
the Rolls, within the faid Province and Territories,
to continue fo long as they fhall well behave them-
felves in thofe Capacities refpedlivcly ; and the Free-
men of the faid Piovince, in an AlTembly met on
t!ie thirteenth Day of the third Month, yearly, fhall
eledt and then prefent to the Governor or his De-
puty, a double Number of Perlbns to ferve for
Sheriffs, Juftices of the Peace and Coroners, for
the Year next enfuing ; out of which rcfpeiSlivo
Kledions and Prefrntments, the Governor or his
Deputy, fhall nominate and commiflionate the pro-
per Number for cacii Office, the third Day after the
laid refpedlive Prefentments •, or elfc the /r/? named
in fuch Prefentment for each Office as aforefaid,
fliall Hand and ferve in that Office, the Time be-
fore refpedively limited •, and in Cafe of Death or
Default, fuch VaCiUicy fliall be fup^^lied by the
: S Governor
2S7
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lilt
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258 ^e HtSToKV ef tbe
Govetnor and provincial Council in Manner afore-
(aid.
XVIL
THAT the Affembly fhall continue fo long as
may be needful, to impeach Criminals fit to be
there impeached, to pafs fuch Bills into Laws as are
propofed to them, which they fhall think fit to
pafs into I^aws •, and till fuch Time as the Governor
and provincial Council fhall declare, That they have
fiothing further to propofe unto them for their Ajfent
and Approbation \ and that Declaration fhall be a
Difmifs to the Affembly for that Time ; which Af-
fembly fhall be notwithllanding, capable of afTem-
bling together, upon the Summons of the Gover-
nor and provincial Council, at any Time during
that Year, if the Governor and provincial Council
fhall fee Occafion for their fo aflembling.
XVIII.
THAT all the Eledions of Members or Re-
prefentatives of the People to ferve in provincial
Council and Affembly, and all Queftions to be de-
termined by both or either of them, that relate to
Choice of Officers, and all or any other perfonal
Matters, fhall be refolved or determined by the
Ballot ; and all Things relating to the preparing
and pafTing of Bills into Laws, fhall be openly de-
clared and refolved by the Vote.
XIX.
THAT at all Times when the Proprietary and
Governor fhall happen to be an Infant, and under
the Age of one and twenty Years, and no Guardians
or Commiflioners are appointed in Writing, by the
Father of the faid Infant, or that fuch Guardian
fliall be dcceafed, that during fuch Minority, the
provincial Council fhallj from Time to Time, as
they
Five Indian Nations, {sfr.
they fliall fee meet, conftitute and appoint Guar-
dians and Commiflioners not exceeding threCy one
of which Ihall prefide as Deputy and chief Guar-
dian during fuch Minority, and Ihall have and ex-
ecute, with the Confent of one of the other two,
all the Power of a Governor in all publick Affairs
and Concerns of the faid Province and Territories
thereof, according to Charter ; which faid Guardian
fo appointed, Ihall alfo have the Care and Overfight
of the Eftate of the faid Minor, and be yearly ac-
countable and refponfible for the fame to the pro-
vincial Council, and the provincial Council to the
Minor^ when of Age^ or to the next Heir, in cafe
of the Minor's Death, for the Truft before expreffed.
XX.
THAT as often as any Days of the Month men-
tioned in any Article of this Charter, Ihall fall upon
the firft Day of the Week, commonly called the
Lord' 5-day y the Eufinefs appointed for that Day,
fl::^!^ be deferred until the next Day, unlefs in Cafes
of Emergency.
XXI.
AND for the Satisfaction and Encouragement
of all Aliens, I do give and grant, that if any
Alien, who is or fhall be a Purchafer, or who doth
or ihall inhaDit in this Province or Territories there-
of, fhall deceafe at any Time before he can v/ell be
naturalized, his Right and Interefl therein, fhall
notwithflanding defcend to his "Wife and Children,
or other his Relations, be he Teflate or Inteflate,
according to the Laws of this Province and Terri-
tories thereof in fuch Cafes provided, in as free
and ample Manner, to all Intents and Purpofes, as
if the faid Alien had been naturalized.
XXII.
AND that the Inhabitants of this Province and
Territories thereof, may be xcommodatcd with
S 2 fuch
259
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260 Th History of the
fuch Food and Suftenance, as God in his Prov'j-
cience hjith freely afforded, I do alfo further (^rant
to the Inhabitants of this Province and Territories
thereof, Liberty to fowl and hunt upon the Lands
they hold, and all other Lands therein not enclofed •,
and to filh in all Waters in the (aid Lands, and in
all Rivers and Rivulets in and belonging to this
Province and Territories thereof, with Liberty to
draw his or their Fifli on Shore on any Man's Lamis,
fo as it be not to the Detriment or Annoyance of
the Owner thereof, except fuch Lands as do lie up-
on Inland Rivulets that are not Boatablc, or which
are or may be hereafter ereded into Manors.
XXIII.
AND that all the Inhabitants of this Province
and Territories thereof, whether Purchafers or others,
may have the laft worldly Pledge of my good and
kind Intentions to them and theirs, I do give,
grant, and confirm to all, and every one of them,
full and quiet Poffcflion of their refpe6l:ve Lands,
to which they have any lawful or equitable Claim,
faving only fuch Rents and Services for the fame as
are or cufiomarily ought to be referved to me^ my
Heirs or AlTigns. , ■
XXIV. ■" '
TFI At no A(5t, Law or Ordinance whatfocvcr,
fhall at any Time hereafter be made or done by the
Proprietary and Governor of this Province and
Territories thereunto belonging, his Heirs or Af-
figns, or by the Freemen in provincial Council or
Afiembly, to alter, change, ordiminifh, the Form
or Effedt of this Charter, or any Part or Ciaufe
thereof, contrary to the true Intent and Meaning
thereof, without theConfent of the Proprietary and
Governor, his Heirs or Afligns, and Jtx Parts of
fez'en of the faid Freemen in provincial Council and
Aficmbly met.
XXV.
Five Ii^dian Nations, ^c.
261
XXV.
AND LASTLY, I the ^Mmiliam Peun,
Proprietary and Governor oi" the Province of Pen-
fylvania and Territories tlicreunto belong: t^s;, tor
me, my Heirs and AfTigns, have rolcnmly de-
clared, granted and confirmed, and do hereby Ib-
lemnly declare, grant and confirm, that neither I,
nor my Heirs nor Afligns, fiiail procure or do any
Thing or Things, whereby the Liberties in this
Charter contai ;d and cxprcffed, fliall be infringed
or broken : And if any Thing be procured by any
Perfon or Perfons, contrary to thefe Premifec, it
fliall be held of no Force or Effed. IN W I T-
N 1^'. S S whereof, I the faid JVilliam Penn^ at Phi-
ladelphia in Penfyhania^ have unto this prelent Char-
ter of Liberties fet my Hand and broad Seal, this
fecGud Day of the y^^W Month, in the Year of our
Lord one 'Thoufand fix Hundred Eighty and Three,
being the five and thirtieth Year of the King, and
the third Year of my Government.
WILLIAM PENN,
I' II IS within CHARTER, ivhich we have
difiirjfly heard read and thankfully received,
jhall he by us inviolably kept -, at Philadelphia,
the fecond Day of the fecond Month, one
Thoufand fix Hundred Eighty and Three.
The Members of the provincial Council prefent.
William Markham,
John Moll,
William llaige,
Chriftopher I^aylor-,
John Sinicock,
William Clayton,
Francis Whittwel,
TbojjMS Ilclme,
William Clark,
William Biles,
James Harrifon,
John Richardfon,
Philip-Thomas Lenman,
Sccr. Gov.
Richard Ingelo, CI. Coun.
The
262
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j:
i:.
The Members of
Cafparus Harman,
John Darby,
Benjamin M^illiamSy
William Guefi,
Valentine Hollingfworthy
James Boyden^
Benuony Bijhop^
John Beazor, ■
John Hardingy
Andrews Bringfion^
Simon Irons,
John Woody
John CurtiSy
Daniel Brawny
William JFutcher,
John Kipjhaveny
Alexander Molejiiney
Robert Bracyy fen.
Thomas Bracy^
William Yardlyy
John HaJlingSy
Robert Wadey
the Affembly prefent
Thomas Ilajfald^
John Harty
Robert Hall,
Robert Bedwelly
William SimfmorCy
Samuel Darke,
Robert Lucas,
James WilliamSy
John Elunjion,
John Songhurfiy
John Hill,
Nicholas Walrty
Thomas Fitzwater,
John ClowSy
Luke Watfony
Jofeph Phipps,
Dennis Rotchford,
John Brinklair,
Henry Bowman,
Cornelius Verhoofe,
John Southworth, CI. ol
the Synod.
Some of the Inhabitants of Philadelphia prefcnt.
William Howely Henry Lewis,
Edmund Warner, Samuel Miles.
ri:
i^:^.
ire^ C H A R T E R ^/ the City 0/ P H I^
LAPELPHIA.
WIL L I AM PENNy Proprietary and Go-
vernor of the Province of Penjylvania, &c.
To all to whom thefe Prefents fhall come, fends
greeting. KNOW YE, That at the humble
Requeft
Five Indian Nations, Gfr.
Requeft of the Inhabitants and Settlers of this
Town of Philadelphia^ being fome of the firll Ad-
renturers and Purchafers withia thi«i Province, tor
their Encouragement, and for the more immediate
and entire Government of the faid Town, and bet-
ter Regulation of Trade therein : I have by Virtue
of the King's Letters Patent, under the Great Seal
of England^ ereded the faid Town into a Borough,
and by thefe Prefents do eredl the faid Town and
Borough of Philadelphia into a CITY-, which
faid City Ihall extend the Limits and Ik)iinds, as it
is laid out between Delaware and SI jlkill.
AND I do for me, my Heirs and AflTigns,
grant and ordain, that the Streets of the faid City,
fhall for ever continue as they are now laid out and
regulated •, and that the End of each Street extend-
ing into the River Delaware^ fhall be and continue
free for the Ufe and Service of the faid City, and
the Inhabitants thereof, who may improve the fame
for the bed Advantage of tl -: City, and build
Wharfs fo far out into the River there, as the
Mayor, Aldermen, and Common-council, herein
after mentioned, lliall fee meet.
AND I do nominate Edward Shippen to be the
prefent Mayor, who fhall fo continue until another
be chofen, as is herein after diredled.
AND I do hereby aflign and name Thomas Story
to be prefent Recorder, to do and execute all Things
which unto the Office of Recorder of the faid City
doth or may belong.
AND I do appoint Thomas Farmei' to be the
prefent Sheriff, and Robert Asjheton to be the pre-
fent Town-clerk, and Clerk of t^ie Peace, and
Clerk of the Court and Courts.
AND I do hereby name, conflitute, and ap-
point, Jojhua Carpenter, Griffith Jones, Anthony
Morris, Jofeph IVtlcox, Nathan Sta?ibury, Charles
Ready Thomas Mnjlers, and William Carter^ Citi-
S 4 zens
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264 7Z>t' History of the
zens and Inhabitants ot the faid City, to be the
prcfent Aldermen of the faid City ot" Philadelphia.
AND I do alfo nominate and appoint John
Parfons, JVtlUam Hudfou, JVilliam Lee^ Nehemiah
/IllcJiy 'Thomas Pafchal, John Bud, jun. Edward
Smouty Samuel Buckley^ James Jikinfon^ Pentecoft
Jeanne, hrancis Cook^ and Henry Badcocke^ to be the
twelve prcfent Common-council Men of the faid City.
AND 1 do by thefe Prefcnts, for me, my Heirs
and Succeflbrs, give, grant and declare, that the
faid Mayor, Recorder, Aldermen, and Common-
council Men tor the I'ime being, and they which
hereafter fliall be Mayor, Recorder, Aldermen aiu!
Common-council Men within the faid City, and
their Snccelfors, ior ever hereafter be and (hall be,
by Virtue of theie Prefents, one Body corporate
and politick in Deed, and by the Name of the
Mayor and Commonalty of the City of Philadel-
phia^ in the Province of Pcnfyhania : And them
by the Name of Mayor and Commonalty ot the
City of Philadelphia^ one Body politick and cor-
porate in Deed and in Name, 1 do for me, my
Heirs and Succeffors, fully create, conftitute and
confirm, by thefe Prefents ; and that by the fame
Name of Mayor and Commonalty of the City of
Philadelphia^ they may have perpetual Succeflion j
and tiiat they and their Succelfors, by the Name or
Miiyor and Commonalty of the City of Philadel-
phia^ be and at all Times hereafter fliall be Perfons
able and capable in Law, to have, get, receive,
and points. Lands and Tenements, Rents, Liber-
ties, Jurifdi6lior.s, Franchifes and Plereditaments,
to them and their Succeflbrs in Fee-fimple, at for
Term of Life, I^ives, Years, or otherwife •, and
alfo Goocis, Chattels, and other Things, of what
Nature, Kind, or Qiiality foever.
AND alio to give, grant, let, fell and afTign
the fame Lands, Tenements, Hereditaments, Goods,
Chattels
I!
Five Indian Nations, &c.
Chattels, and to do and execute all other Things
about the fame, by the Name aforcfaid ; and alfo
that they be and fliall be for ever hereafter Pcrfons
able and capable in Law, to fue and be fued, plead
and be impleaded, anfwer and be anfwered unto,
defend and be defended, in all or any the Courts
and other Places, and before any Judges, Juilices,
and other Perfons whatfoever within the faid Pro-
vince, in all Manner of Actions, Suits, Complaints,
Pleas, Caufes and Matters whatfoever, and of what
Nature or Kind foever.
AND that it fhall and may be lawful to and for
the faid Mayor and Commonalty of the faid City
of Philadelphia, and their Succellbrs, for ever here-
after, to have and ufe one common Seal for the
fealing of all Bufmelfes touching the faid Corpora-
tion, and the fame from Time to 1 ime at their
Will and Pleafure to change or alter.
AND I do for me, my Heirs and Succeflbrs,
give, and by thefe Prefents, grant full Power and
Authority unto the Mayor, Recorder and Com-
mon-Council of the faid City of Philadelphia, or
any five or more of the Aldermen, and nine or
more of the Common-Council Men, the Mayor
and Recorder for the time being, or either of them,
being prefent, on the firfi third Day of the Week, in
the eighth Month yearly for ever hereafter, publickly
to meet at a convenient Room or Place within the
faid City, to be by them appointed for that Pur-
pofe, and then and there nominate, elcd and chufe
one of the Aldermen to be Mayor for that enfuing
Year.
AND alfo to add to the Number of Aldermtn and
Common-Council Men, fuch and fo many of thofe,
that by Virtue of thefe Pre fents fliall be admitted
Freemen of the laid City irom Time to Time, as
they the faid Mayor, Aldermen and Common-
Cguncil fliall fee Occafion.
AND
265
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'i! '!
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2]66 ^h(^ History of the
AND that fuch Perfon who lliall be fo eleded
Mayor aforefaid, (hall within three Days next after
fuch Eledion, be prefented before the Governor of
this Province, or his Deputy for the time being,
and there fhall fubfcribe the Declarations and Pro-
feflion of his Chriftiaa Behef, according to the late
A6t of Parliament made in the firft Y^ar of King
fViliian^s Reign, entitled. An JSi for exempting
their Majejiies Subje5[s dijfenting f*'om the Church of
England, from the Penalties of certain Laws ; and
then and there the Mayor fo prefented, fhall make
hisfolcmn Affirmation and Engagement for the due
Execution of his Office.
AND that the Recorder, Sheriff, Aldermen,
and Common-council Men, and all other Officers
of the faid City, before they or any of them fhall
be admitted to execute their refpedive Offices,
fhall make and fubfcribe the faid Declarations and
Profeffion aforefaid, before the Mayor for the Time
being, and at the fame Time fhall be attefted for
the due Execution of their Offices refpedtively \
which Declarations, Promifes ai.d Atteftations, the
Mayor of the faid City for the Time being, is here-
by impowered to take and adminiftcr accordingly.
AND that the Mayor, Recorder and Alder-
men of the faid City, for the Time being, fhall be
Juftices of the Peace and Juftices of Oyer and Ter-
miner ; and are hereby impowered to a6l within the
laid City and Liberties thereof accordingly, as fully
and amply as any Juftice or Juftices of the Peace
or Oyer and Terminer, can or may do within the
faid Province.
A ^"^ D that they or any four or more of them
(whereof the Mayor and Recorder of the faid City
for the Time being, Ihall be tivo) fliall and may
for ever hereafter have Power and Authority, by
Virtue of thefe Preftnts, to hear and enquire into
all and all Manner gf Treafons, Murthers, Man-
flaughters,
Kk s
Five Indian Nations, (^c,
flaughters, and all Manner of Felonies and other
Crimes and Offences, Capital and Criminal, what-
loever, according to the Laws of this Province and
of the Kingdom of England, with Power alfo to
Jicar and determine all petty Larcenies, Routs,
Kiots, unlawful Afftmblies ; and to try and punifh
all Perfons that fhall be convidled for Drunkennefs,
Swearing, Scolding, breaking the Peace, or fuch
like Offences, which are by the Laws of this Pro-
vince to be punifhed by Fine, Imprifonment or
Whipping ; with Power alfo to award Proccfs againft
all Rioters and Breakers of the Peace, and to bind
them, and all other Offenders and Perfons of evil
Fame, to the Peace or good Behaviour, as any
Juftice or Juftices of the Peace can do, without
being accountable to me or my Heirs, for any Fines
or Amerciaments to be impofed for the faid Offences
or any of them.
AND I do hereby impower them or 2x\y four
of them (whereof the Mayor and Recorder for the
Time beings (hall be two) with the City Sheriff and
Town-clerk, to hold and keep a Court of Record,^
Quarterly, or oftener, if they fee Occafion, for the
enquiring, hearing and determining of the Pleas
and Matters aforefaid •, and upon their own View,
or after a legal Procedure in fome of thofe Courts,
to caufe all Nuifances and Encroachments in the
Streets of the faid City to be removed, and punifh
the Parties concerned, as the Law and Ufage in
fuch Cafes fhall require.
AND! do by thefe Prefents affign and ap-
point, that the prefent Mayor, Recorder, and Al-
dermen herein before-mentioned, be the prefent
Juftices of the Peace, and Oyer and Terminer,
within the faid City ; and that they and all others
that fhall be Mayors, Recorders and Aldermen of
the faid City for the Time being, fhall have full
Power and Authority, and are hereby impowered
4 aiid
ity
•I III".
i
s.
6g T'^e History of tbe
and authorized, without any further or other Com-
milTion. to be Juftices of the Peace, and of Oyer
and Terminer, within the faid City for ever •, and
fliall alfo be Juftices of the Peace, and the Mayor
and Recorder Ihall be of the ^wriim of the Juftices
of the County Courts, Qtiarter-fefTions, Oy^r and
Terminer, and 'Goal Delivery, in the fiiid County
of Philadelphia'^ and fliall have full Power to award
Procefs, bind to the Peace or Behaviour, or com^
init to Prifon, for any Matter or Caufe, anfing
without the faid City and within the Body of the
Aforefaid County, as Occafion Ihall require ; and to
caufe Kalendars to be made of fuch Prifoners,
which, together with all Recognizances and Ex-
aminations taken before them, for or concerning
any Matter or Caufe not determinable by them,
fiiall be duly returned to the Judges or Juilices of
the faid County, in their relpedive Courts where
the fame ftiall be cognizable.
AND that it may be lawful to and for the faid
Mayor and Commonalty and their Succeflbrs, when
they fee Occafion, to eret^ a Goal or Prilbn and
Court-houfe within the faid City.
AND that the Mayor and Recorder for the
Time being, fhall have, and by thefe Prefents have
Power to take Recognizance of Debts there, ac-
cording to the Statute of Merchants, and of Adion
Burncl; and to ule and affix the common Seal
thereupon, and to all Certificates concerning the
fame.
AND that it may be lawful to and for the
Mayor of the faid City, for the Time being, for
rver hereafter to nominate, and from Time to Time
appoint the Clerk of the Market, who fliall have
Airize of Bread, Wine, Beer, Wood, and other
Things ; and to do, execute and perform all 'I'hings
belonging to the Clerk of the Market within the
faid City.
A N D
^i\
Five Indian Nations, ^c.
A N D I will that the Coroners to be cliQfen by
the County of Philadelphia for the Time being,
fhall hn Coroners of the faid City and Liberties
thereof i but that the Freemen and Inhabitants of
the faid City (hall from Time to Time, as often as
Occafion be, have equal Liberty with the Inhabi-
tants of the faid County, to recommend or chufe
Perfons to ferve in the refpedive Capacities of Co-
roners and Sheriffs for the County of Philadelphia^
who fhall refide within the faid City.
AND that the Sheriff or the faid City and
County for the Time being, fliall be the Water-
Bailiff, who Ihall and may execute and perform all
Things belonging to the Officer of Water-Bailiff,
upon Delazvare River, and all other navigable Ri-
vers and Creeks within the faid Province.
AND in Cafe the Mayor of the faid City for
the Time being, fliall, during the Time of his
Mayoralty, miibehave himfelf, or mifgovcrn in
that Office, I do hereby impower the Recorder,
Aldermen and Common-council Men, or fvc of
the Aldermen and nine of Lhe Common-council
Men of the faid City of Philadelphia^ for the l^ime
being, to remove fuch ^ayor from his Office ot
Mayoralty •, and in fuch Cafe, or in Cafe of the
Dtath of the faid Mayor for the Time being, that
then another fit Perfon fhall, mth'infou} Days ncxc
after fuch Death or Removal, be chofcn iii Manner
;is is above direded for eleding of Mayors, in the
Place of him fo dead or removed.
AND left there fhould be a Failure of Juftice
or Government in the laid City, in fuch Interval, I
do hereby appoint. That the eldctl Akierman for
the Time being, fliall take upon him tnc Office of
a Mayor there, and fhall excrcif;? the fame till ano-
ther Mayor becholcn as ai'orrlaielv and in Cafe of
the Difability of fuch tldcft Akierman, then the
next
269
ill
f^o ^he History of the
next in Seniority, (hall take upon him the faid Of-
fice of Mayor, to cxcrcife the fame as aforefaid.
AND in Cafe the Recorder, or any of the
Aldermen or Common-council Men of or belong-
ing to the faid City, for the Time beings fhall mif-
behave him or themfelves in their refpedlive Offices
and Places, they fhall be removed and others chofen
in their Stead, in Manner following, that is to fa)\
The Recorder for the Time being, may be re-
moved (for his Mifbehaviour) by the Mayor, and
two thirds of the Aldermen and Common-council
Men refpedively ; and in Cafe of fuch Removal or
of the Death of the Recorder, then to chufe ano-
ther fit Perfon fkilled in. the Law, to be the Re-
corder there, and fo to continue during Pleafure as
aforefaid.
AND the Alderman fo mifbehaving himfelf,
may be removed by the Mayor, Recorder and nine
of the Aldermen and Common- council Men ; and
in Cafe of fuch Removal or Death, then within
fow Days after, to chufe a fit Perfon or Perfons to
fupply fuch Vacancies -, and the Common-council
Men, Conftables, and Clerk cf the Market, for
Mifbehaviour, fhiU be removed and others chofen,
as is directed in the Cafe of Aldermen.
AND I do alio, for me and my SuccefTors, by
tnefe Prefcnts, grant to the faid Mayor and Com-
monalty, and tlieir SuccefTors, that if any of the
Citizens of the faid City, fhall be hereafter nomi-
nated, elected, and choftn to the Office of Mayor,
Aldermen and romrnon-couucil Men as aforefaid,
and having Notice of his or their Eledion, fhall re-
fufe to undertake and execute that Office to which
he is fo chofen, that then, and fo often it fhall and
may be lawful for the Mayor and Recorder, Alder-
men and Common-council Men, or the m^jor Part
cf the Aldermen aiul Common-council Men for the
Time being, according to their Difcrction, to im-
pof:;
Five Indian Natioj^s, Gfr.
pofe fuch moderate Fines upon fuch Refufers, fo as
the Mayor's Fine exceed not forty Pounds, the Al-
derman's fi%)e and thirty Pounds, and Common-
council Men twenty Pounds, and other Officers pro-
portionably, to be levied by Diftrefs and Sale, by
Warrant under the common Seal, or by other law-
ful Ways, to the Ufe of the faid Corporation.
AND in fuch Cafes it Ihall be lawful to chufe
others to fupply the Defeats of fuch Refufers, in
Manner as is as above direded for Eleftions.
AND that it fhall and may be lawful to and for
the Mayor, Recordt^r, and at leaft three Aldermen
for the Time being, from Time to Time, lb often
as they fhall find Occafion, to fummon a Common-
council of the faid City.
AND that no Affembly or Meeting of the faid
Citizens, fhall be deemed or accounted a Common-
council, unlefs the faid Mayor and Recorder, and
at leafl three of the Aldermen for the Time being,
and nine of the Common-council Men be prefent.
AND alfo that the faid Mayor, Recorder, Al-
dermen and Common-council Men for the Time
being, from Time to Time, at their Common-
council, fhall have Power to admit fuch and fo many
Freemen into their Corporation and Society as they
fhall think fit.
A N D to make (and they may make, ordain,
conflitute and eftablilli) fuch and fo many good and
reafonable Laws, Ordinances and Conflitutions (not
repugnant to the Laws of England and this Go-
vernment) as to the greater Part of them at fuch
Common-council afTembled (where the Mayor and
Recorder for the Time being, are to be always pre-
fent) ihall feem neceffary and convenient for the
Government of the faid Ciiy.
AND the fame Laws, Ordinances, Orders and
Conflitutions fo to be made, to put in Ulb and Ex-
ecution accordingly, by the proper Officers of the
faid
'■'■»
271
I
SAW/*
i
7]6f History of fbe
faid City, and at their Pleafure to revoke, alter^
and make anew, as Occafion (hall require.
AND alfo impofe fuch Mul(5l;s and Amercia-
ments upon the Breakers of fuch Laws and Ordi-
nances, as to thpm in their Difcretion fhall be
thought rcafonable ; which Mul6ls, as alfo all other
Fines and Amerciaments to be fet or impofed by-
Virtue of the Powers granted, fhall be levied as
above is direded in Cafe of Fincs^ to the Ufe of
the faid Corporation^ without rendering any Ac-
count thereof to me, my Heirs and Succeflbrs ;
with Power to the Common-council aforefaid, to
mitigate, remit, or relcafe fuch Fines and Muldls,
upon the SubmilTion of the Parties. Provided al-
ways. That no Perfon or Perfons hereafter, fliall
have Right of eledling or being eleded, by Virtue
of thefe Prefents, to any Office or Place judicial or
minifterial, nor lliall be admitted Freemen of the
faid City, unlefs they be free Denizens of this Pro-
vince, and are of the Age of twenty-one Years or
upwards, and are Inhabitants of the faid City, and
have an Eftate of Inheritance or Freehold therein,
or are ^onh fifty Pounds in Money, or other Stock,
and have been refident in the faid City for the Space
of two Years, or fhall purchafe their Freedom of
the Mayor and Commonalty aforefaid.
AND I do further grant to the faid Mayor and
Commonalty of the City of Philadelphia^ that they
and their Succeflbrs, fliall and may for ever here-
after hold and keep within the faid City, in every
Week of the Year, tzvo Market-days, the one upon
the fourth Day of the Week, and the other upon
thefevefilh Day of the Week, in fuch Place or
Places as is, fnali, or may be appointed for that
Purpofc, by tlic faid Commonalty or their Succef-
fors, from Time to Time.
AND alfo two Fairs therein every Year, the
one of them to begin on the fifteenth Day of the
third
&'
'•i
Five Indian Nations, &c.
third Month, called A%, yearly, and fo to be held
ir. ^nd about the Market-place, and continue for
that Day and two Days next following •, and the
other of the faid Fairs to be held in the aforefaid
Place on the ftxteenth Day of the ninth Month
yearly, and for two Days next after.
AND I do for me, my Heirs and Afligns, by
Virtue of the King's Letters Patenr, make, eredt
and conftitute the faid City of Philadelphia^ to be
a Port or Harbour for difcharging and unlading of
Goods and Merchandize out of Ships, Boats, and
other VefTels; and for landing and (hipping them in
or upon fuch and fo many Places, Keys and Wharfs
there, as by the Mayor, Aldermen, and Common-
council of the faid City, fball from Time to Time
be thought moft expedient for the Accommodation
and Service of the Officers of the Cuftoms, in the
Management of the King's Affairs and Prefervation
of his Duties, as well as for Conveniency of Trade.
AND I do ordain and declare, that the faid
Port or Harbour fhall be called the Port of Phila-
delphia^ and fliall extend and be accounted to extend
into all fuch Creeks, Rivers, and Places within this
Province, and fhall have fo many Wharfs, Keys,
Landing-places and Members belonging thereto,
for landing and fhipping of Goods, as the faid
Mayor, Aldermen, and Common-council for the
Time being, with the Approbation of the chief
Officer or Officers of the King's Cuflonis, Ihall
from Time to Time think fit to appoint.
AND I do alfo ordain, that the Landing-places
now and heretofore ufed at the Penny-pot -hoiife and
Blue-anchor^ faving to all Perfons tiieir jui'l and le-
gal Right and Properties in the J^ands fo to be
open ; as alfo the Swamp between /W's Bulluings
and the Society-hilU fhall be 1-fc open and common
for the Ufe and Service of the laid City and all
Others, with Liberty to dig Docks and make Har-
T . bours
273
.-ft'
t* r
274 ^^^ History of the
hours for Ships and Veffels, in all or any Part of the
faid Swamp.
AND I do hereby grant, that all the vacant
Land within the Bounds and Limits of the faid
City, fhall remain open as a free Common of Paf-
ture, for the Ufe of the Inhabitants of the faid
City, until the fame (hall be gradually taken in, in
order to build or improve thereon, and not other-
wife. Provided always^ That nothing herein con-
tained, (hall debar me or my Heirs in Time to
come, from fencing in all the vacant Lands that
lie between the Center Meeting- houfe and the Schuyl-
kill which I intend (hall be divided from the Land
by me allotted for Delaware Side, by a ftrait Line
along the Broad-ftreet from Edward Sbippenh Land
through the Center Square by Daniel Pegg^s Land ;
nor fhall the fencing or taking in any of the Streets,
happening to be within that Inclofure on Skuylkil^
be deemed or adjudged to be an Incroachment,
where it fhall not interfere or flop any of the Streets
or PafTages leading to any of the Houfes built or to
be built on that Side, any Thing herein contained
to the contrary notwithftanding.
AND I do grant, that this prefent Charter,
fliall, in all Courts of Law and Equity, be con-
llrued and taken moil favourably and beneficially,
for the faid Corporation.
IN WITNESS whereof, I have hereunto
fet my Iland, and caufed my great Seal to be af-
fixed. Dated at Philadelphia xhtfive and twentieth
Day of O£lober^ Anno Domini one Thoufatjd feven
Hundred and One^ and in the thirteenth Year of the
Reign of King WILLIAM the "Thirds over
England^ &;c. and the one and twentieth Year of
my Government.
WILLIAM PENN.
m
5 I
Tkt
I
vacant
the faid
of Paf-
the faid
n in, in
)t other-
ein con-
rime to
mds that
le Schuyl-
the Land
:rait Line
?«'s Land
y's Land ;
le Streets,
L Skuylkily
)achment,
ihe Streets
milt or to
contained
Charter,
be con-
ineficially,
hereunto
to be af-
twentietb
'and /even
ear of the
ird^ over
tb Year of
P£JViV.
Five Indian Nations, &c* 275
TZ'^ CHARTER 0/' PRIVILEGES
granted by William Penn, Efq-, to tlje
- Inhabitants of Penfylvania and 'Territories.
WILLIAM PENN, Proprietary and Go-
vernor of the Province of Penfylvania y and
Territories thereunto belonging. To all to whom
thefe Prefents Ihall come, fendeth Greetini^.
WHEREAS King CHARLES the Second,
by his Letters Patents j under the Great Seal of
England, bearing Date the fourth Day of March,
in the Year one ^houfand fix Hundred and Eighty,
was gracioufly pleafed to give and grant unto me,
and my Heirs and Affigns for ever, this Province of
Penfylvania, with divers great Powers and Jurif-
didtions for the well Government thereof.
AND WHEREAS the King's deareft Bro-
ther, JAMES Duke of TORKand ALBA NT,
&c. by his Deeds of Feoffment, under his Hand
and Seal duly perfedted, bearing Date the twenty-
fourth Day of Augufiy one Thoufand fix Hundred
Eighty and ^wo, did grant unto me, my Heirs and
Afligns, all that Trad: of Land, now called the
Territories of Penfylvania, together with Powers
and Jurifdiftions for the good Government thereof.
AND WHEREAS for the Encouragement
of all the Freemen and Planters, that might be
concerned in the faid Province and Territories, and
for the good Government thereof, I the faid Wil-
liam Penn, in the Year one I'houfandfix Hundred
Eighty and 'Three, for me, my Heirs and Afligns,
did grant and confirm unto all the Freemen, Plann-
ers and Adventurers therein, divers Liberties, Fran-
chifes and Properties, as by the faid Grant, enti-
tuled, The FRAME of the Government of the
Province of Penfylvania, and Territories t hereunto
T 2 bdongin^y
276 ^he History of the
belongings \n America^ may appear; which Charter
or Frame being found in lume Parts ot it, not fo
fuitable to the prefcnt Circumftances of the Inhabi-
tants, was in the third Month, in the Year one
Thoiifand feven Hundred^ delivered up to me, hy Jix
V^riso^ Jeven of the Freemen of this Province and
Territories, in general A ffembly met, Provifion be-
ing made in the faid Charter, for that End and
Purpofe.
AND WHEREAS I was then pleafed to
promife. That I would reftore the faid Charter to
them again, with necefiary Alterations, or in Lieu
thereof, give them another, better adapted to an-
fwer the prefent Circumftances and Conditions of
the faid Inhabitants •, which they have now, by
their Repiefentatives in general AiTembly, met at
Philudelphia^ requefted me to grant.
KNOW YE THEREFORE, Thatforthc
further Well-being and good Government of the
faid Province, and Territories ; and in Purfuance
of the Rights and Powers before-mentioned, I the
faid William Penn do declare, grant and confirm,
unto all the Freemen, Planters and Adventurers,
and other Inhabitants in this Province and Territo-
ries, thefe following Liberties, Franchifes and Pri-
vileges, fo far as in me lietii, to be held, enjoyed
and kept, by the Freemen, Planters and Adven-
turers, and other Inhabitants of and in the faid Pro-
vince and Territories thereunto annexed, for ever.
FIRST.
BECAUSE no People can be truly happy,
though under the greateft Enjoyment of civil Li-
berties, if abridged of the Freedom of their Con-
fciences, as to their religious Profefllon and Wor-
fhip : And Almighty God being the only Lord of
Confcience, Father of Lights and Spirits, and the
Author as well as Objed of all divine Knowledge,
Faith
I .1
Five Indian Nations, &c.
Faith and Worfliip, who only doth cnligliten the
Minds, and ptrfuade and convince the Uncltrdand-
ings oF People, I do hereby grant and declare.
That no Peribn or Perfons, inhabiting in this Pro-
vince or Territories, who fhall confels and acknow-
ledge One Almighty God, the Creator, Upholder
and Ruler of the World ; and protels him or tliem-
{dv^ obliged to live quietly under the civil Go-
vernment, fha!l be in any Cafe molcfted or preju-
diced, in his or their Peribn or Eltate, becaufe of
his or their confcientious Perfuafion or Pradice,
nor be compelled to Irequent or maintain any rcH-
gious Worlhip, Place or Miniftry, contrary to his
or their Mind, or to do or fuflfer any other Act or
Thing, contrary to their religious Perfuafion.
AND that all Perfons who alfo profefs to believe
in Jefus Cbriji, the Saviour of the World, Ihall be
capable (notwithftanding their other Perfuafions
and Praftices in Point of Confcience and Religion)
to ferve this Government in any Capacity, both le-
giflatively and executively,, he or they folemnly
promifing, when lawfully required. Allegiance to
the King as Sovereign, and Fidelity to the Pro-
prietary and Governor, and taking the Attefts as
now eltabliftied by the Law made at Newcajlle in
the Year one Thoufand and feven Hundred^ entitled.
An A£l directing the Attefis of Jeveral Officers and
Minijiers^ as nozv amended and confirmed by this pre-
Cent Alfembly.
II.
FOR the well governing of this Province and
Territories, there Ihall be an Aflembly yearly cho-
fen, by the Freemen thereof, to conlift oi four
Perfons out of each County, of moft Note for Vir-
tue, Wifdom and Ability, (or of a greater Num-
ber at any Time, as the Governor and Aflfembly
fhall agree) upon the firji Day of O^ober for ever ;
and fhall fit on the fourteenth Day of the fame
T 3 , Month,
277
•fl i
'♦1
278 T/je History of the
Month, at Pbiladelpbia, unlefs the Governor and
Council for the Time being, (hall fee Caufe to ap-
point another Place within the faid Province or Ter-
ritories : Which Affembly fhall have Power tochufe
a Speaker and other their Officers ; and fhall be
Judges of the Qualifications and E'edlions of their
own Members ; fit upon their own Adjournments ;
appoint Committees ; prepare Bills in order to pafs
into Laws •, impeach Criminals, and rcdrefs Griev-
ances i and ftiall have all other Powers and Privile-
ges of an Aflembly, according to the Rights of
the free-born Siibjeds of England, and as is ufual
in any of the King's Plantations in America.
A N D if any County or Counties, fhall refufe
or negleift to chufe their refpedive Reprefentativcs
as aforcfaid, or if chofen, do not meet to f^rve in
AfiTembJy, thofe who are fo chofen and met, fliall
have the full Power of an AflJcmbly, in as ample
Manner as if all the Reprefentativcs had been cho*
fen and met, provided they are not lefs than iwa
Thirds of the whole Number that ought to meet.
AND that the Qtiahfications of Eledlors and
Elefted, and all other Matters and Things relating
to Elections of Reprefentativcs to ferve in Affem-
blies, though : t herein particularly expreflfed, fhall
be and remain as by a Law of this Government,
made at New-Caftle in the Year one Thouf and f even
Hundred^ entitled. An A£t to afcertain the Number
of Members of Affembly^ and to regulate the Ele£iions,
III.
THAT the Freemen in each refpeflive Coun-
ty, at the Time and Place of meeting for electing
their Reprefentativcs to ferve in AfTembly, may as
often as there fhall be Occafion, -^hufe a double
Number of Perfons to prefent to the Governor for
Sheriffs and Coroners, to ferve for three Years, if
fo long they behave themfelvcs well 5 out of which
refpedtive
Five Indian Nations, &c.
rcfpeftive Eledions and Prefentments, the Gover-
nor fhall nominate and commilTiOnate one for each
of the faid Oiwces, the ibird Day after fuch Pre-
fcntment, or clfe the firjl named in fuch Prefent-
ment, for each Office as aforefaid, fhall (land and
ferve in that Office for the Time before refpedively
limited -, and in Cafe of Death or Default, fuch
Vacancies (hail be fupplied by the Governor, to
ferve to the End of the faid Term.
PROVIDED ALWAYS, That if the faid
Freemen, fhall at any Time negleft or decline to
chufe a Perfon or Perfons for either or both the afore-
faid Offices, then and in fuch Cafe, the Perfons
that are or fhall be in the refpedive Offices of She-
riffs or Coroners, at the Time of Eleftion, fhall re-
main therein, until they fhall be removed by ano-
ther Eledion as aforefaid.
AND that the Juflices of the refpedive Coun--
ties, fhall or may nominate and prefent to the Go-
vernor three Perfons, to ferve for Clerk of the
Peace for the faid County, when there is a Vacancy,
one of which the Governor fhall commiflionate,
within ten Days> after fuch Prefentment, or dk the
Jirft nominated, fhall ferve in the faid Office during
good Behaviour.
IV.
THAT the Laws of thij Government fhall be
in this Stile, viz. By tb-; Governor, with the Con-
fent and Approbation of the Freemen in General Af^
fembly met ; and fhall be, after Confirn.ation by the
Governor, forthwith recorded in the Rolls-office,
and kept at Philadelphia^ unlefs the Governor and
Affembly fhall agree to appoint another Place.
V.
THAT all Criminals fhall have the fame Pri-
vileges of Witneffes and Council as their Profe-
cutors.
T 4 VL
t
279
28o
The History of the
' I
!
VI.
THAT no Pcilon or Perfons fhall or may, at
any Time hereafter, be obliged to anfwer any Com-
plainr, Matter or Thing whatfoever, relating to
Property, before the Governor and Council, or in
any other Piacr, but in ordinary Courfe of Juflice,
unl^rfs Appeals thereunto fhall be hereafter by Law
appointed. - \
VII.
T H /j T no Perfon within this Government,
fhall be licenced by (he Governor to keep an Ordi-
nary, Tavern, or H'^ufe of publick Entertainment,
but fuch who are firft recommended to him, under
the Hands of the Juftices of the refpedlive Coun-
ties, figned in open Court •, which Juftices are and
Ihali be hereby impowered, to fupprefs and forbid
any Perfon, keeping fuch Pubiick-houfe as afore-
faid, upon their Mifbehaviour, on fuch Penalties
as the Law doth or fhall diredl ; and to reconmend
others from Time to Time, as they ihall fee Oc-
cafion.
VIII.
I F any Perfon, through Temptation or Me-
lancholy, fhall deftroy himfelf, his Eftate, real and
perfonal, fliall notwithftanding dcfcend to his Wife
and Children, or Relations, as if he had died a na-
tural Death •, and if any Perfon fhall be deflroyed
or killed by Cafualty or Accident, there fliall be no
Forfeiture to the Governor by Reafon thereof.
AND no A6>, Law or Ordinance whatfoever,
fhall at any Time hereafter, be made or done, to
alter, change or diminifh the Form or Effedt of this
Charter, or of any Part or Claufe therein, con-
trary to the true Intent and Meaning thereof, with-
out the Confent of the Governor for the Time be-
'ing, and^^ Parts oi fcven of the AfTembly met.
BUT
X -v \
may, at
ny Com-
ating to
-i), or in
Juflice,
by Law
rnment,
an Ordi-
ainment,
, under
e Coim-
are and
I forbid
a fore-
Penalties
)nmend
fee Oc-
or Me-
•cal and
is Wife
d a na-
ftroyed
;l be no
f.
foever,
ne, to
of this
, con-
with-
ne be-
ict.
tUT
Five Indian Nations, &c,
BUT becaufe the Happinefs of Mankind de-
pends fo much upon the enjoying of Liberty of
their Confciences as aforefaid, I do hereby folemnly
declare, promife and grant, for me, my Heirs and
Afligns, that the firjl Article of this Charter re-
lating to Liberty of Confcience, and every Part and
Claufe therein, according to the true Intent and
Meaning thereof, (hall be kept and remain without
any Akcration, inviolably for ever.
AND LASTLY, I the faid William Penn,
Proprietary and Governor of the Province of Pen^
fyhania^ and Territories thereunto belonging, fcxr
myfelf, my Heirs and Affigns, have folemnly de-
clared, granted and confirmed, and do hereby fo-
lemnly declare, grant and confirm. That neither I,
my Heirs or Afligns, Ihall procure or do any Thing
or Thing§, whereby the Liberties in this Charter
contained and exprefled, nor any Part thereof, (hall
be infringed or broken : And if any Thing fhall be
procured or done, by any Perfon or Perfons, con-
trary to th'-fe Prefents, it fhall be held of no Force
or EfFea.
IN WITNESS whereof, I the faid miliam
Penn, at Philadelphia in Penjylvania, have unto
this prefent Charter of Liberties, let my Hand and
broad Seal, this twenty-eighth Day of 0£fcber^ in
the Year of qur Lord, one Thoufand feven Hundred
and One, being the thirteenth Year of the Reign of
King WILLIAM the Third, o^tv England, Scot-
land, France, and Ireland, &c. and the tzventy-jirjl
Year of my Government.
AND NOTWITHSTANDING the
Clofure and Ted of this prefent Charter as afore-
faid, I think fit to add this following Provifo there-
unto, as Part of the fame. That is to fay. That
notwithftanding any Claufe or Claufes in the above*
mentioned Charter, obliging the Province and
Territories, to join together in Legiflation, I am
content,
;8
201
'A
■ ■\
282 Tie History of the
content, and do hereby declare. That if the Reprc-
fentatives of the Province and Territories ihall not
hereafter agree to join together in Legiflation, and
that the fame fliail be fignified unto me, or my De*
puty, in open AffembJy, or otherwife, from under
the Hands and Seals of the Reprefentatives, for the
Time being, of the Province and Territories, or
the major Part of either of them, at any Time
within ihree Years from the Date hereof, that in
fuch Cafe, the Inhabitants of each of the ibree
Counties of this Province, fhall not have lefs than
eight Perfons to reprefent them in Aflembly, for
the Province ; and the Inhabitants of the Town of
Philadelphia (when the faid Town is incorporated)
two Perfons to reprefent them in Aflemuly -, and
the Inhabitants of each County in the Territories,
ihall have as many Perfons to reprefent them, in a
diftindl Aflembly for the Territories, as (hall be by
them requefted as aforefaid.
NOTWITHSTANDING which Separa-
' tion of the Province and Territories, in Refped of
Legiflation, I do hereby promife, grant and de-
clare. That the Inhabitants of both Province and
Territories, fliall feparatcly enjoy all other Liber-
ties, Privileges and Benefits, granted jointly to
them in this Charter, any Law, Ufage, or Cufl:om
of this Government heretofore made and prad:ifed,
or any Law made and pafled by this General Af-
fembly, to the contrary hereof notwithftanding.
WILLIAM PENN.
^HIS CHARTER of PRIVILEGES
being diftin^fly read in AJfembly^ and the whole
and every Part thereof, being approved of and
agreed to, by us, we do thankfully receive the
fame from eur Proprietary and Governor, at
Philadelphia, this twenty-eighth Day of Oc-
tober,
f^ 4
Five Indian Nations, &ci
tober, one Thoufand feven Hundred and One.
Signed on Behalf y and by Order of the /iffembly^
per Jofeph Growdon, Speaker.
iSi
Edward Shippen^
Phineas Pemherton^
Samuel Carpenter^
Griffith Owen^
Caleb Pufey,
tbomas Story^
1
J
.Proprietary and Gover-
^ nor*s Council.
FINIS.
^--^fc
^
«.
11
I'
■>T^- .-'T
»k; 1;'
^bis Day is puhlijhedy
ALETHIA: Or, A General Syftem of Mo-
ral Truths and Natural Religion. Contained
in the Letters of SE LI MA, Emprefsof the Turks,
to her Daughter ISABELLA, at Grand Cairo.
With Hiftorical and Critical Notes, .v. >.
By Richard Murray, A. M. and J. U. B.
^id vcrum atque decens, Curo, & RogOy omnis in
hoc fum. *
Printed for T. Osborne, in Gray's-Inn.
ir
This Day is puhlijhed^
Beautifully printed, in a mat Pocket yolume. Price
2 s. few\d, or 2 s. 6. d. bound,
A JOURNEY through Part of England
and Scotland along with the Army, under
the Command of his Royal Highnefs the Duke of
Cumberland. Wherein the Proceedings of the
Army, and the happy Suppreflion of the Rebel-
lion in the Year 1746, are particularly defcribed:
As alfo, the Natural Hillory and Antiqi^iities of
the feveral Places pafied through. Together with
the Manners and Cuftoms ot the differc.it People,
efpecially of the Highlanders. By a Volunteer.
Com p riled in feveral Letters to a Friend ip
Loneion.
Printed for T, Osborne, in Gray's-Inn,
M
/?
fcf'
m of Mo-
Contained
he Turks,
md Cairo.
. U. B.
, omms in
Inn.
fje. Price
POLAND
y^ under
Duke of
s of the
; Rebel-
sfcribed.
Liities of
ler with
People,
NTEER.
iend ip
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