a year after

English

port, to export the

fame into any other country.

Penn and

conftitute

lading and unlading goods and

either by land or fea, into any the ports of us, our heirs and fucceffors, in our kingdom of England, and not into any other country whatfoever; and we give him full power to difpofe of the faid goods in the faid ports, and if it need be, and within within one year next after the unlading of the fame, to lade the faid merchandizes and goods again into the fame or other they have been unla- fhips, and to export the fame into any other countries either den in an of our dominions or foreign, according to law: provided always, that they pay fuch customs and impofitions, fubfidies and duties, for the fame, to us, our heirs and fucceffors, as the rest of our fubjects of our kingdom of England for the time being, fhall be bound to pay; and do obferve the acts of navigation, and other laws in that behalf made. And furtherGrant tow. more, of our more ample and fpecial grace, certain knowhis heirs ledge, and mere motion, we do, for us, our heirs and fuccefand affigns, fors, grant unto the faid William Penn, his heirs and affigns, of a power full and abfolute power and authority to make, erect, and to erect and conftitute, within the faid province, and the ifles and iflets feaports and aforefaid, fuch and fo many feaports, harbours, creeks, hakeys for vens, keys, and other places, for difcharging and unlading of goods and merchandizes out of the fhips, boats, and other veffets, and lading them in fuch and fo many places, and with fuch rights, jurifdictions, and liberties, and privileges unto the faid ports belonging, as to him or them fhall feem most expedient; and that all and fingular the fhips, boats, and other veffels, which fhall come for merchandize and trade unto the faid province, or out of the fame fhall depart, fhall be laden or unladen only at fuch ports as fhall be erected and conftituted by the faid William Penn, his heirs or affigns; any ufe, cuftom, or other things to the contrary notwithstanding provided that the faid William Penn, and his heirs, and the lieutenants and governors for the time being, fhall admit and receive, in and about all fuch ports, havens, creeks, and keys, all officers and their deputies, who fhall from time to time be appointed for that purpose, by the farmers or commiffioners of our customs for the time being. And we do further receive and appoint and ordain, and by these prefents, for us, our heirs enjoy fuch and fucceffors, we do grant unto the faid William Penn, his cuftoms and heirs and affigns, that he the faid William Penn, his heirs and port-duties as fhall be affigns, may from time to time, for ever, have and enjoy the impofed by cuftoms and fubfidies in the ports, harbours, and other creeks them and and places aforefaid, within the province aforefaid, payable or the affembly due for merchandizes and wares there to be laded and unladed; vince. the faid cuftoms and fubfidies to be reasonably affeffed (upon any occafion) by themselves and the people there, as aforefaid,

1

merchandizes:

and of a power to

of the pro

to

in

toms as fhall

to be affembled; to whom we give power, by these presents, Refervation for us, our heirs and fucceffors, upon juft caufe, and in a due of fuch cufproportion, to affefs and impofe the fame; faving unto us, our be impofed heirs and fucceffors, fuch impofitions and cuftoms, as by act by act of of parliament are and fhall be appointed. And it is our fur- parliament. The grantee ther will and pleasure, That the faid William Penn, his heirs and his heirs and affigns, shall, from time to time, conftitute and appoint and affigns fhall keep an attorney or agent, to refide in or near our city of London, an attorney who fhall make known the place where he fhall dwell, or or agent at may be found, unto the clerks of our privy council for the London, to time being, or one of them, and fhall be ready to appear answer for any mifdeany of our courts at Westminster, to answer for any mifde- meanors meanors that fhall be committed, or by any wilful default or committed neglect permitted by the faid William Penn, his heirs or af- by them. figns, against our laws of trade and navigation; and after it fhall be afcertained in any of our faid courts what damages we, or our heirs or fucceffors, fhall have fuftained by fuch default or neglect, the faid William Penn, his heirs and affigns, fhall pay the fame within one year after fuch taxation and demand thereof, from fuch attorney; or in cafe there fhall be no fuch attorney, within the space of one year; or fuch attorney fhall not make payment of fuch damages within the fpace of one year, and answer fuch other forfeitures and penalties within the faid time, as by the acts of parliament in England are or fhall be provided, according to the true intent and meaning of these prefents; then it shall be lawful for us, our heirs and fucceffors, to feize and refume the government of the faid province or country, and the fame to retain until payment fhall be made thereof; but notwithstanding any fuch feizure or resumption of the government, nothing concerning the propriety or ownership of any lands, tenements, or other hereditaments, or goods, or chattels, of any of the adventurers, planters, or owners, other than the refpective offenders there, fhall be any way affected or molefted thereby. Pro- They fhall vided always, and our will and pleasure is, that neither the have no corfaid William Penn, nor his heirs, nor any other the inhabi- withforeign tants of the faid province, fhall at any time hereafter have or states that maintain any correspondence with any other King, Prince or are at war State, or with any of their fubjects, who fhall then be in war with Engagainst us, our heirs or fucceffors; nor fhall the faid William Penn, or his heirs, or any other the inhabitants of the faid province, make war, or do any act of hoftility against any other King, Prince, or State, or any of their fubjects, who fhall then be in league or amity with us, our heirs, or fucceffors. And because in fo remote a country, and fituate

near

respondence

land.

power to le

vy forces

Grant of the near fo many barbarous nations, the incurfions as well of the favages themselves, as of other enemies, pirates, and roband make bers, may probably be feared, therefore we have given, and war, and do for us, our heirs and fucceffors, do give power by these preevery thing fents, unto the faid William Penn, his heirs and affigns, by the office of themfelves, or their captains, or other their officers, to levy, a captain mufter, and train all forts of men, of what condition, or general of wherefoever born, in the faid province of Penfylvania, for the

belonging to

an army.

time being, and to make war, and purfue the enemies and robbers aforefaid, as well by fea, as by land, yea, even without the limits of the faid province, and (by God's affistance) to vanquish and take them; and being taken, to put them to death, by the law of war, or to fave them, at their pleasure ; and to do all and every other thing, which unto the charge and office of a captain-general of an army belongeth, or hath accustomed to belong, as fully and freely as any captainPower to general of an army hath ever had the fame. And furthergrant lands more, of our special grace, and of our certain knowledge, and in inherit- mere motion, we have given and granted, and by these prehold of fents, for us, our heirs and fucceffors, do give and grant unto themselves. the faid William Penn, his heirs and affigns, full and abfolute

ance, to

power, licence, and authority, that, he the faid William Penn, his heirs and affigns, from time to time hereafter, for ever, at his and their will and pleasure, may affign, alien, grant, de-` mife, or enfeoff of the premises, fo many and fuch part or parcels to him or them that shall be willing to purchase the fame, as they fhall think fit; to have and to hold to them the faid perfon or perfons willing to take or purchase, their heirs and affigns, in fee fimple, or in fee tail, or for the term of life or lives, or years, to be held of the faid William Penn, his heirs and affigns, as of the feignory of Windfor, by such fervices, cuftoms, and rents, as fhall feem fit to the faid William Penn, his heirs and affigns, and not immediately of us, our heirs and fucceffors: And to the fame perfon or perfons, and to all and every of them, we do give and grant, by these prefents, for us, our heirs and fucceffors, licence, authority and power that fuch perfon or perfons may take the premises, or any parcel thereof, of the said William Penn, his heirs, or affigns, and the fame hold to themselves, their heirs or affigns, in what estate of inheritance foever, in fee fimple, or in fee tail, or otherwise, as to him the faid William Penn, his heirs and affigns, fhall feem expedient; the ftatute made in the parliament of Edward, fon of King Henry, late King of England, our predeceffor, commonly called the ftatute "Quia "emptores terrarum," lately published in our kingdom of England,

manors.

England, in any wife notwithstanding. And by thefe pre- Power of fents, we give and grant licence unto the faid William Penn, erecting and his heirs, likewife to all and every fuch person and perfons, to whom the faid William Penn, or his heirs, fhall, at any time hereafter, grant any eftate of inheritance as aforefaid, to erect any parcels of land within the province aforefaid, into manors, by and with the licence to be first had and obtained for that purpose, under the hand and feal of the faid William Penn, or his heirs, and in every of the said ma nors to have and to hold a court of Baron, with all things whatsoever which to a court Baron do belong, and to have and to hold view of frank pledge (for the conservation of the peace, and the better government of thofe parts) by themfelves or their stewards, or by the lords, for the time being, of other manors to be deputed when they fhall be erected, and in the fame to use all things belonging to view of frank pledge: And we do further grant licence and authority, that every fuch perfon and perfons who fhall erect any fuch ma-nor or manors as aforesaid, fhall or may grant all or any part of his faid lands to any perfon or perfons in fee fimple or any other eftate of inheritance, to be held of the faid manors repectively, so as no further tenures fhall be created; but that upon all further and other alienations thereafter to be made, the faid lands fo aliened shall be held of the fame lord, and his heirs, of whom the alienor did then before hold, and by the like fervices, which were before due and accustomed. And further our pleasure is, and by these prefents, for us, No taxes our heirs and fucceffors, we do covenant and grant to and fhall be laid with the faid William Penn, and his heirs and affigns, that habitants, upon the inwe, our heirs and fucceffors, fhall at no time hereafter fet or but by act of make, or caufe to fet any impofition, cuftom, or other taxa affembly or act of partion, rate, or contribution whatsoever, in and upon the dwel- liament. lers and inhabitants of the aforefaid province, for their lands, tenements, goods, or chattels within the said province, or in and upon any goods and merchandize within the faid province, or to be laden or unladen within the ports or harbours of the faid province, unless the fame be with the confent of the proprietary, or chief governor, and affembly, or by act of parliament in England. And our pleasure is, and for us, our heirs, and fucceffors, we charge and command, that this our declaration fhall from henceforward, from time to time be received and allowed in all our courts, and before all the judges of us, our heirs and fucceffors, for a fufficient difcharge, payment and acquittance, commanding all and fingular the officers and ministers of us, our heirs and fucceffors, and enjoin

ing them, upon pain of our high difpleasure, that they do not prefume, at any time, to attempt any thing to the contrary of the premises, or that they do in any fort withstand the fame; but that they be at all times aiding and affifting, as fitting, unto the faid William Penn, and his heirs, and to the inhabitants and merchants of the faid province aforefaid, their fervants, minifters, factors, and affigns, in the full use and If twenty or fruition of the benefit of this our Charter. And our further fons defire pleasure is, and we do hereby, for us, our heirs and fuccefit, preachers fors, charge and require, that if any of the inhabitants of the approved by faid province (to the number of twenty) fhall, at any time the Bishop of London hereafter, be defirous, and fball by any writing, or by any may be fent perfon deputed by them, fignify fuch their defire to the Bi

more per

to them.

fhop 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 inftruction, that then fuch preacher or preachers fhall and may be and refide within the faid province, without any denial or moleftation whatfoever. And if perchance hereafter it fhall happen, any doubts or questions fhould arife concerning the true fenfe and meaning of any word, claufe, or fentence contained in this our prefent Charter, we will, ordain, and command, that at all times, and in all things, fuch interpretations be made thereof and allowed, in any of our courts whatsoever, as fhall be adjuged moft advantageous and favourable unto the faid William Penn, his heirs and affigns,; provided always, that no interpretation be admitted thereof, by which the allegiance due unto us, our heirs and fucceffors, may fuffer any prejudice or diminution; although exprefs mention be not made in these presents of the true yearly value and certainty of the premises, or of any part thereof, or of other gifts and grants made by us, our progenitors or predeceffors, unto the faid William; or any statute, act, ordinance, provifion, proclamation, or restraint heretofore had, made, published, ordained, or provided, or any other thing, caufe, or matter whatsoever, to the contrary thereof, Feb. 28, in any wife notwithstanding. In witnefs, &c. Witnefs Ourfelf at Weftminster, the eight and twentieth day of February, By Writ of Privy Seal.

1681-2.

MARYLAND