Page images
PDF
EPUB

mittee, that a unanimous vote was given in favor of granting the petition, accompanied with a note, "humbly praying that his Majesty would be graciously pleased to make unto William Penn a grant of the lands in North America which he had petitioned for."

William Penn, from the standing of his family, the service rendered to the realm by his father, the amount of money he had advanced the government, and from the weight of his own character, had vast influence with the king and parliament, or he never could have obtained it, being opposed by such men as the Duke of York and Lord Baltimore. Undoubtedly, the speech above quoted, respecting the trouble which the Quakers gave them, carried much weight with it, and had considerable influence in procuring him the charter. Still we must believe their fear of the Quakers alone would never have induced them to grant it.

It was after a long and vexatious attendance upon the Committee of Lords and Trade's Plantations, that the unanimous vote named above was passed.

The Lords' Committee referred the settlement of the bounda ries of the territory, given to William Penn, to Chief Justice North, who reported as follows: "Bounded on the east by Delaware River, from the twelve miles distance northward of New Castle town, from the beginning of the fortieth degree of north latitude unto the forty-third degree of north latitude, if the said river do extend so far northward, but, if said river shall not extend so far northward, then by the said river so far as it doth extend; and from the head of said river, the eastern bounds are to be determined by a meridian line, to be drawn from the head of the said river unto the said forty-third degree of latitude, the said lands to extend westward five degrees in longitude, to be computed from the said eastern bounds; and the said lands are bounded on the north by the beginning of the forty-third degree of north latitude, and on a circle drawn at twelve miles distance from New Castle, north and westward, unto the south, by the beginning of the forty-third degree of north latitude, another by a straight line westward, to the limit

of longitude above mentioned, excepting all lands within twelve miles of the town of New Castle, that shall happen to lie within the said bounds now in possession of his royal Highness, or his tenants and assigns."

CHAPTER IV.

WILLIAM PENN'S CHARTER OF PENNSYLVANIA FROM KING CHARLES II.

Boundaries - Privileges-William Penn made Proprietary - Power to govern, and make Laws-May appoint Officers-Grant Pardons - A ProvisoLaws of England in Force till Others are made in the Province - Approval of Laws-Encouragement of Emigration, also to Trade- May lay out Towns, Cities, &c.-Commercial Advantages-Seaports, Creeks, and Harbors -Customs may be imposed by the Province-Agent to reside in London-Government may be resumed by England - Not to correspond with Kings, &c., at War with England-May pursue and punish Enemies - May dispose of Lands- May erect Manors-Frank Pledge-King not to lay Taxes without Consent of Proprietary or Parliament-Control of the Bishop of London -Interpretation.

WH

HEN Chief Justice North had drawn up the charter, and set the lines of its boundaries, as stated in the last chapter, the Committee of Lords reported favorably upon it to his Majesty Charles II.: "In obedience to your Majesty's order, signified by the Earl of Sunderland, on the 1st of June last, we had prepared the draft of a charter, constituting William Penn, Esq., absolute proprietary of a tract of land in America, therein mentioned, which we humbly present to your Majesty for your royal approbation, leaving, also, the naming of the said province to your Majesty; which is most humbly submitted."1 The charter is dated March 4, 1681, and is in the following, words:

"Charles, by the grace of God, King of England, Scotland, France, and Ireland, defender of the faith, &c., to all to whom these presents shall come, greeting.

"Whereas our trusty and well-beloved subject, William Penn,

1 Votes of Assembly.

Esquire, son and heir of Sir William Penn, deceased (out of a commendable desire to enlarge our British empire, and promote such useful commodities as may be of benefit to us and our dominions, as also to reduce the savage natives, by just and gentle manners, to the love of civil society and Christian religion), hath humbly sought leave of us to transport an ample colony unto a certain country hereinafter described, in the parts of America not yet cultivated and planted, and hath likewise so humbly besought our royal Majesty to give, grant, and confirm all the said country, with certain privileges and jurisdictions, requisite for the good government and safety of the said country and colony, to him and his heirs forever:

"I. Know ye, therefore, that we (favoring the petition and good purpose of the said William Penn, and having regard to the memory and merits of his late father in divers services, and particularly to his conduct, courage, and discretion under our dearest brother James, Duke of York, in that signal battle and victory fought and obtained against the Dutch fleet commanded by the Heer Van Opdam, in the year 1665; in consideration thereof, of our special grace, certain knowledge, and mere motion) have given and granted, and by this our present charter, for us, our heirs and successors, do give and grant, unto the said William Penn, his heirs and assigns, all that tract or part of land in America, with the islands therein contained. [For the remainder of this section see boundaries reported by Lord North, as given at the close of the last chapter.]

"II. We do also give and grant unto the said William Penn, his heirs and assigns, the free and undisturbed use, and continuance in, and passage unto and out of all and singular ports, harbors, bays, waters, rivers, isles, and inlets belonging unto, or leading to and from, the country or islands aforesaid; and all the soils, lands, fields, woods, underwoods, mountains, hills, fens, isles, lakes, rivers, waters, rivulets, bays, and inlets situated, or being within, or belonging to, the limits or bounds aforesaid; together with the fishing of all sorts of fish, whales, sturgeon, and all royal and other fishes, in the seas, bays, inlets, waters, or rivers within the premises, and all the fish taken therein; and also all veins, mines, minerals, and quarries, as well discov

ered as not discovered, of gold, silver, gems, and precious stones; and all other whatsoever, be it stones, metals, or any other thing or matter whatsoever, found, or to be found, within the country, isles, or limits aforesaid.

"III. And him, the said William Penn, his heirs and assigns, we do by this our royal charter, for us, our heirs and successors, make, create, and constitute the true and absolute proprietary of the country aforesaid, and all other the premises; saving always to us, our heirs and successors, the faith and allegiance of the said William Penn, his heirs and assigns, and of all other proprietaries, tenants, and inhabitants that are, or shall be, within the territories and precincts aforesaid; and saving, also, unto us, our heirs and successors, the sovereignty of the aforesaid country, to have, hold, possess, and enjoy the said tract of land, country, isles, inlets, and other the premises, unto the said William Penn, his heirs and assigns, forever, to be holden of us, our heirs and successors, kings of England, as of our castle of Windsor, in the county of Berks, in free and common socage, by fealty only, for all services, and not in capite, or by knightservice; yielding and paying therefor to us, our heirs and successors, two beaver-skins, to be delivered at our castle of Windsor, on the first day of January in every year; and also the fifth part of all gold and silver ore which shall, from time to time, happen to be found within the limits aforesaid, clear of all charges. And of our further grace, certain knowledge, mere motion, we have thought fit to erect, and we do hereby erect, the aforesaid country and islands into a province and seigniory, and do call it Pensilvania, and so from henceforth will have it called.

"IV. And forasmuch as we have hereby made and ordained the aforesaid William Penn, his heirs and assigns, the true and absolute proprietaries of all the lands and dominions aforesaid, know ye, therefore, that we (reposing special trust and confidence in the fidelity, wisdom, justice, and provident circumspection of the said William Penn), for us, our heirs and successors, do grant full, free, and absolute power, by virtue of these presents, to him and his heirs, to his and their deputies and lieutenants, for the good and happy government of said

« PreviousContinue »