General Sir William Jones, was taken on the subject of the grant. The matter at length ended in favour of William Penn; and he was by charter, dated at Westminster the 4th of March 1681, and signed by writ of privy seal, made and constituted full and absolute proprietor of all that tract of land which he had solicited and marked out, and invested with the power of ruling and governing the same. pugnant, to the laws of England, or to be extended in any sort to bind, change, or take away the right or interest of persons for, or in, their lives, members, freeholds, goods, and chattels; and all property as well as felonies were to be regulated by the laws of England, until the said laws should be altered by him self, or assigns, and the free men of the said province. Duplicates of all laws made there were to be transmitted to the privy council within five years after they were passed; and if within six months after having been so transmitted such laws were not pronounced void by the said council, they were to be considered as having been approved of and to be valid. Permission was given to English subjects to transport themselves to, and to settle in, Pennsylvania; to load and freight in English ports, and transport all merchandize from thence to the said province, and to transport the fruits and produce of the said province to England on paying the accustomary duties. He had the "This charter consisted of twenty-three sections. In these the extent and boundaries of the new province were specified, and the free use of all ports, bays, rivers, and waters there, and of their produce, and of all islands, mountains, soils, and mines there, and of their produce, were wholly granted and given up to him. He was made absolute proprietary of the said territory, which was to be held in free and common soccage by fealty only, paying two beaver skins annually, and one fifth of all the gold and silver discovered, to the king, and the said territory was to be called Pennsylvania after his own name. He had the power of making laws with the advice, assent, and approbation of the free men of the territory assembled for the raising of money for public uses; of appointing judges and other officers; and of pardoning and reprieving, except in the cases of wilful murder and high treason. In these cases reprieve was to be granted only till the pleasure of the king was known, who also reserved to himself the right of hearing appeals. He had the power also in new and sudden circumstances, where the free men could not be suddenly and conve-pointed by the farmers or comniently assembled, of making ordinances, which, however, were to be agreeable to reason, and not re power of dividing the province into towns, hundreds, and counties; of erecting and incorporating towns into boroughs, and boroughs into cities; of erecting manors, holding courts baron, and of having and holding view of frank pledge; of selling or alienating any part or parts of the said province, in which case the purchasers were to hold by his grant; of constituting fairs and markets; and of making ports, harbours, and quays, at which ports, harbours, and quays, and at which only, vessels were to be laden and unladen. All officers, however, ap missioners of the king's customs were to have free admission thereto. He had the power of assessing, rea sonably, sonably, and with the advice of the free men assembled, custom on goods to be laden and unladen, and of enjoying the same, saving how ever to the king such impositions as were and should be appointed by act of parliament. He was to appoint from time to time an agent to reside in or near London, to answer for any misdemeanour on his part against the laws of trade and navigation; and, in case of such misdemeanour, he was to make good the damage occasioned thereby within one year; in failure of which, the king was to seize the government of the said province, and to retain it till the said damage was made good. He was not to maintain correspondence with any king or power at war with England, nor to make war against any king or power in amity with the same. In case of incursion by neighbouring barbarous nations, or by pirates or robbers, he had power to levy, muster, and train to arms all men in the said province, and to act as their captain-general, and to make war upon and pursue the same. The king was never to impose any tax or custom upon the inhabitants of it, either upon their lands, tenements, goods, or chattels, or upon any merchandize to be laden or un laden within it, unless by the consent of himself, or the chief governor appointed by him, or by the assembly, or by act of parliament in England. This declaration was to be deemed by all the judges in all the courts of law to be a lawful discharge, payment, and acquit tance; and no officer was to attempt any thing contrary to the premises, but to aid him, his heirs, servants, agents, and others in the full use and enjoyment of the charter. If any of the inhabitants to the num ber of twenty should signify their desire to the Bishop of London to have a preacher sent to them, such preacher should be allowed to reside and perform his functions without any denial or molestation whatever. If any doubt should arise concerning the meaning of any expression in the charter, the interpretation of it was to be construed in a manner the most favourable to him and his heirs. "It may be proper to give here an anecdote of the modesty of William Penn, as it relates to the above charter. On the day when it was signed he wrote to several of his friends to inform them of it, and among others to R. Turner, one of the persons mentioned to have been admitted as a partner in the purchase of East New Jersey. He says in this letter, that after many waitings, watchings, solicitings, and disputes in council, his country was on that day confirmed to him under the great seal of England, with large powers and privileges, by the name of Pennsylvania, a name which the king gave it in honour of his father. It was his own intention to have had it called New Wales; but the under secretary, who was a Welshman, opposed it. He then suggested Sylvania on account of its woods, but they would still add Penn to it. He offered the under secretary twenty guineas to give up his prejudices, and to consent to change the name; for he feared lest it should be looked upon as vanity in him, and not as a respect in the king, as it truly was, to his father, whom be often mentioned with great praise. Finding that all would not do, he went to the king himself to get the name of Penn struck out, or another substituted ; but the king said it was passed, and that hat he would take the naming of it upon himself. He concluded his letter by hoping that God would make the New Land the seed of a nation, and by promising to use bis own best endeavours to that end, by having a tender care to the government, so that it should be well laid at first. "The charter having been sign ed, the king gave it his further authority by a declaration, dated April the 2d, to all persons designing to become planters and inhabitants of Pennsylvania. This declaration pointed out to them the boundaries of the new province, and enjoined them to yield all obedience to the proprietor, his heirs, and his or their deputies, according to the powers granted by the said charter. "William Penn, having now a colony of his own to settle, was obliged to give up his management of that of West New Jersey: but it was a matter of great satisfaction to him, that he had brought it from infancy to a state of manhood; to a state in which it could take care of itself. He had sent to it about fourteen hundred people, of whom the adults were persons of high character. The town of Burlington had been built. Farms had risen up out of the wild waste. Roads had been formed. Religious meeting houses had been erected in the place of tents covered with sail cloth, under which the first settlers worshipped. A respectable magistracy had been established. The very Indians too in the neighbourhood had been turned into friends and benefactors. Such was the situation of West New Jersey when he took his leave of it, and therefore it was with the less regret he left it to attend to his own concerns. "The first thing he did, after 1813. ་ obtaining the charter, was to draw up Some Account of the Province of Pennsylvania in America, lately granted under the Great Seal of England to William Penn To this account he annexed a copy of the royal charter, and also the terms on which he intended to part with the land. It appears from these terms, that any person wishing to become a planter might then buy a hundred acres of land for forty shillings, but a quit-rent of one shilling was to be reserved to the proprietor for every hundred acres for ever. Thus, if a person had bought one thousand acres, he would have had twenty pounds to pay for them, and ten shillings per annum quit-rent. The reason of the latter sort of payment was this, namely, that whereas William Penn held of the king by a small annual rent, others were obliged to hold of him in the same manner, having no security or good title to their purchases but by such a mode of tenure. It appears also, that renters were to pay one shilling an acre yearly not exceeding two' hundred acres, and servants were to have fifty acres when the time of their servitude expired, whether men or women, that quantity of land being allowed their masters for such purpose. He, subjoined also to this account of Pennsylvania his advice to those who were inclined to become adventurers, the latter part of which ran thus: ‹ I desire all my dear country-folks, who may be inclined to go into those parts, to consider seriously the premises, as well the inconveniency as future ease and plenty; that so none may move rashly, or from a fickle but from a solid mind, having above all things an eye to the providence of God in the disposing of themselves; and I would further B advise advise all such at least to have the permission, if not the good liking of their hear relations, for that is both natural and a duty incumbent upon all. And by this, both natural affections and a friendly and profitable correspondence will be preserved between them, in all which I beseech Almighty God to direct us; that his blessing may attend our honest endeavours, and then the consequence of all our undertakings will turn to the glory of his great name, and all true happiness to us and our posterity.' "He drew up next certain conditions or concessions to be agreed upon by William Penn, proprietary and governor of the province of Pennsylvania, and those who may become adventurers and purchasers in the same province.' These conditions related to the building, forming, and settling of towns, roads, and lands, and to the treatment of the natives, and other subjects. They consisted of twenty articles. Among other things it was stipulated in these, that no purchaser of ten thousand acres or inore shou'd have above a thousand acres lying together, unless in three years he planted a family upon every thou Band of the same. That every man should be bound to plant, or man so much as should be surveyed and set out to him within three years after such survey, or else a new comer should be settled thereon, who should pay him his surveymoney, and he himself should go up higher for his share.-That in clearing the ground, care should be taken to leave one acre of trees for every five acres cleared, especially to preserve oaks and mulberries for silk and shipping-In behalf of the Indians it was stipulated, that, as it had been usual with planters to over reach them in various ways, whatever, was sold to them in consideration of their furs should be sold in the public market place, and there suffer the test, whether good or bad: if good, to pass; if not good, not to be sold for good; that the said native Indians might neither be abused nor provoked. That no man should by any ways or means, in word or deed, affront or wrong any Indian, but he should incur the same penalty of the law as if he had committed it against his fellow planter; and if any Indian should abuse, n word or deed, any planter of the province, that the said planter should not be his own judge upon the said Indian, but that he should make his complaint to the governor of the province, or his deputy, or some inferior magistrate near him, who should to the utmost of his. power take care with the king of the said Indian, that all reasonable satisfaction should be made to the said injured planter.And that all differences between planters and Indians should be ended by twelve men, that is, by six planters and six Indians, that so they might live friendly together,' as much as in them lay, preventing all occasions of heart-burnings and mischief.— These stipulations in favour of the poor natives will for ever immortalize the name of William Penn; for, soaring above the prejudices and customs of his time, by which navigators and adventurers thought it right to consider the inhabitants of the lands they discovered as their lawful prey, or as mere animals of the brute creation, whom they might treat, use, and take advantage of at their pleasure, he regarded them as creatures endued with reason, as men of the like feelings and pas sions with himself, as brethren both by by nature and grace, and as persons, therefore, to whom the great duties of humanity and justice were to be extended, and who, in proportion to their ignorance, were the more entitled to his fatherly protection and care. "The account of Pensylvania,' which was before mentioned, and the conditions or concessions,' part of which have been just detailed, having been made known to the public, many purchasers came for ward both in London and Liverpool, and particularly in Bristol. Among those in the latter city J. Claypole, N. Moore, P. Forde, W. Sharloe, E. Pierce, J. Simcock, T. Bracy, E. Brooks and others formed a company, which they called The Free Society of Traders in Pennsylvania.' They purchased twenty thousand acres of land in trust for the said company, published articles of trade, and prepared for embarking in many branches of the same. Other persons purchased also, and among these a great number of quakers from Wales. "It was necessary, before any of the purchasers embarked, that they should know something of the poJitical constitution under which they were to live in the New Land, as well as that it should be such as they approved. William Penn accordingly drew up a rough sketch, to be submitted to their opinion, of that great Frame of Government which he himself wished to become the future and permanent one of the province. It consisted of twenty-four articles. These were preceded by what he called his first or great fundamental, by which he gave them that liberty of conscience which the laws of their own counry denied them, and in behalf of which he had both written and suf In fered so frequently himself. reverence,' says he, to God, the father of light and spirits, the author as well as object of all divinė knowledge, faith, and worship, I do, for me and mine, declare and establish for the first fundamental of the government of my province, that every person that doth and shall reside therein shall have and enjoy the free profession of his or her faith and exercise of worship toward God, in such way and manner as every such person shall in conscience believe is most acceptable to God. And so long as every such person useth not this christian liberty to licentiousness or the destruction of others, that is to say, to speak loosely and profanely or contemptuously of God, Christ, the holy scriptures, or religion, or commit any moral evil or injury against others in their conversation, he or she shall be protected in the enjoyment of the aforesaid christian liberty by the civil magistrate.' With respect to the articles of the Frame or Constitution, it is unnecessary to give them here, as the substance of them will be communicated in anʊther place. It may be sufficient to observe, that the merchants and adventurers were well pleased with them, and that they unanimously signed them. Nor was William Penn less satisfied with himself, as having done his duty in proposing them, if we may judge from a second letter to R. Turner, which he wrote just at the time when he had resolved upon them. I have been,' says he, these thirteen years the servant of truth and friends, and for my testimony's sake lost much; not only the greatness and preferment of this world, but sixteen thousand pounds of my estate, which, had I not been what I am, I had long ago obtainB 2 ed. |