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'CHARTER

OF THE

PROVINCE OF PENNSYLVANIA.

CHARLES THE SECOND, BY THE GRACE of god, King of England, Scotland, France and Ireland, defender of the faith, &c., To all to whome these presents shall come greeting. Whereas our Trustie and well beloved Subiect, Preamble William Penn, Esquire, sonn and heire of Sir William Penn, deceased, out of a commendable desire to enlarge our English Empire, and promote such vsefull comodities as may bee of benefitt to vs and our Dominions, as alsoe to reduce the Savage Natives by gentle and iust manners to the love of civill Societie and Christian Religion hath humbley besought leave of vs to transport an ample Colonie vnto a certaine Countrey hereinafter described in the partes of America not yet cultivated and planted. And hath likewise humbley besought our Royall Maiestie to give, grant, and confirme all the said Countrey with certaine priviledges and Jurisdiccons requisite for the good Government and safetie of the said Countrey and Colonie, to him and his heires forever. KNOWE yee, therefore, that wee, favouring the petition and good purpose of the said William Penn, and haveing regard to the memorie and meritts of his late father, in divers services, and perticulerly to his Conduct, courage and discretion vnder our dearest brother, James, Duke of yorke, in that signall Battell and victorie, fought and obteyned against the Dutch fleete, comanded by the Herr Van Obdam, in the yeare One thousand six hundred sixtie-five, In consideration thereof of Our special grace, certaine knowledge and meere motion, Have Given and granted, and by this Our present Charter, Grant of land. for vs, Our heires and Successors, Doe give and grant vnto the said William Penn, his heires and assignes All that Tract or parte of land in America, with all the Islands therein conteyned, as the same is bounded on the East by Delaware River, from twelve miles distance, Northwarde of New Cas- Boundaries. tle Towne vnto the three and fortieth degree of Northerne Latitude if the said River doeth extend soe farre North

*See with this volume, in pocket, a fac simile of this Charter, now remaining on tile in the office of the Secretary of the Commonwealth, and see in Appendix proclamation declaring charter in force in Pennsylvania.

F

Use of waters, &C.

wards; But if the said River shall not extend soe farre Northward, then by the said River soe farr as it doth extend, and from the head of the said River the Easterne Bounds are to bee determined by a Meridian Line, to bee drawne from the head of the said River vnto the said three and fortieth degree, The said lands to extend westwards, five degrees in longitude, to bee computed from the said Eastern Bounds, and the said lands to bee bounded on the North, by the beginning of the three and fortieth degree of Northern Latitude, and on the South, by a Circle drawne at twelve miles, distance from New Castle Northwards, and Westwards vnto the begining of the fortieth degree of Northerne Latitude; and then by a streight Line westwards, to the Limitt of Longitude above menconed. Wee doe also give and grant vnto the said William Penn, his heires and assignes, the free and vndisturbed vse, and continuance in and passage into and out of all and singuler Ports, harbours, Bayes, waters, Rivers, Isles and Inletts, belonging vnto or leading to and from the Countrey, or Islands aforesaid; And all the soyle, lands, feilds, woods, vnderwoods, Mountaines, hills, fenns, Isles, Lakes, Rivers, waters, Rivuletts, Bays and Inletts, scituate or being within or belonging vnto the Limitts and Bounds aforesaid, togeather with the fishing of all sortes of fish, whales, Sturgeons, and all Royall and other fishes in the sea, Bayes, Inletts, waters or Rivers, within the premises, and the fish therein taken, And alsoe all veines, Mines and Quarries, as well discovered as not discovered, of Gold, Silver, Gemms and pretious Stones, and all other whatsoever, bee it stones, Metalls, or of any other thing or matter whatsoever, found or to bee found within the Countrey, Isles, or Limitts aforesaid; and him the said William Penn, his heires and Assignes, Wee do, by this our Royall Charter, for vs, our heires and Successors, make, Create and Constitute the true and absolute Proprietaries of the Countrey aforesaid, and of all other, the premisses, saving alwayes to vs, Our heires and Successors, the faith and allegiance of the said William Penn, his heires and assignes, and of all other, the proprietaries, Tenants and Inhabitants that are, or shall be within the Territories and Precincts aforesaid; and Saving also vnto vs, our heires and Successors, the Sovreignity of the aforesaid Countrey, TO HAVE, hold, possesse and enjoy the said Tract of land, Countrey, Isles, Inletts and other the premisses, vnto the said William Penn, his heires and assignes, To the only proper vse and behoofe of the said William How grant to be Penn, his heires and assignes forever. To bee holden of vs, our heires and Successors, Kings of England, as of our Castle of Windsor, in our County of Berks, in free and comon Socage by fealty only for all services, and not in Capite or Payment there by Knights service, Ycelding and paying therefore to vs, our heires and Successors, two beaver Skins to bee delivered att our said Castle of Windsor, on the first day of Januarie, in every yeare; and also the fifth parte of all Gold and Silver Oare, which shall from time to time happen to be found within the Limitts aforesaid, cleare of all Charges, and of our further grace, certaine knowledge and meere mocon, wee have

William Penn, his heirs and assigns, made absolute proprietaries.

held.

for.

laws.

same.

thought fitt to Erect, and wee doe hereby erect the aforesaid Erected into a Countrey and Islands, into a Province and Seigniorie, and doe province. call itt Pensilvania, and soe from henceforth wee will have Name. itt called, And forasmuch as wee have hereby made and ordeyned the aforesaid William Penn, his heires and assignes, the true and absolute Proprietaries of all the Lands and Dominions aforesaid. Know yee therefore, that wee reposing special trust and Confidence in the fidelitie, wisdome, Justice, and provident circumspeccon of the said William Penn, for vs, our heires and successors, Doe grant free, full and absolute power, by vertue of these presents to him and his Power to make heires, and to his and their Deputies, and Lieutenants, for the good and happy government of the said Countrey, to ordeyne, make, Enact and vnder his and their Seales to publish any Lawes whatsoever, for the raising of money for the publick vse of the said province, or for any other End apperteyning either vnto the publick state, peace, or safety of the said Countrey, or vnto the private vtility of perticular persons, according vnto their best discretions, by and with the advice, assent and approbacon of the freemen of the said Countrey, or the greater parte of them, or of their Delegates or Deputies, whom for the Enacting of the said Lawes, when, and as often as need shall require. Wee will, that the said And execute William Penn, and his heires, shall assemble in such sort and forme as to him and them shall seeme best, and the same Lawes duely to execute vnto, and vpon all people within the the said Countrey and limitts thereof; And wee doe likewise give and grant vnto the said William Penn, and his heires, and to his and their Deputies and Lieutenants, such power and authoritie to appoint and establish any Judges, and Jus- Power to appoint tices, Magistrates and Officers whatsoever, for what Causes judges and other soever, for the probates of will and for the granting of Administracons within the precincts aforesaid, and with what power soever, and in such forme as to the said William Penn, or his heires, shall seeme most convenient. Alsoe, to remitt, release, pardon and abolish, whether before Judgement or after, all Crimes and Offences, whatsoever comitted within the said Countrey, against the said Lawes, Treason and wil- Grant pardons full and malicious Murder onely excepted; and in those Cases, to Grant Reprieves vntill Our pleasure may bee knowne therein, and to doe all and every other thing and things which vnto the compleate establishment of Justice vnto Courts and Tribunals, formes of Judicature and manner of proceedings doe belong, altho' in these presents expresse mencon bee not made thereof; and by Judges by them delegated to award processe, hold please and determine in all the Award process, said Courts and Tribunalls, all accons, Suits and Causes and try causes. whatsoever, as well Criminall as Civill, personall, reall and mixt; which Lawes soe as aforesaid, to bee published, Our pleasure is, and soe wee enioyne, require and Comand shall bee most absolute and avaylable in law, and that all the Leige people and subiects of vs, our heires and successors, doe ob- Laws to be ob serve and keepe the same inviolable in these partes, soe farr as they concerne them, vnder the paine therein expressed, or to bee expressed: Provided, Nevertheles, that the said

officers.

and reprieves.

served.

To be consonant

to reason, and agreeable to laws of England. Reservation.

Ordinances for preservation of peace and gov ernment of people.

Laws for govern
ing property, de-
scent of lands,
&c.

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

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