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merchandise and goods again into the same or other slips, and list transport the same into any other countries either of our dominions or foreign, according to law; provided always that they pay such customs and impositions, subsidies and duties for the same, to us, our heirs and successors, as the rest of our subjects of our kingdoin of England, for the time being, shall be bound to pay, aur do observe the acts of Navigation, and other laws in that behalf made.
Sect. 12. And furthermore, of our more ample and especial graci's. certain knowledge, and inere motion, we do for us, our lcirs and successors, grant unto the said William Penn, his heirs and assigns, full and absolute power and authority to make, erect and constitute, within the said province and the isles and inlets aforesaid, such and so many seaports, harbors, creeks, havens, keys, and other places for discharge and unlading of goods and merchandises out of the ships, boats and other vessels, and lading them into such and so many places, and with such rights, jurisdictions, liberties and privileges, unto the said ports belonging, as to him and them shall seem most espedient; and that all and singular the ships, boats and other vessels which sha!! come for merchandise and trade unto the said province, or out of the same, shall depart, shall be laden or unladen only at such ports as shall be erected and constituted by the said William Penn, his heirs or assigns, any use custom or other thing to the contrary notwithstanding: Provided, that the said William Penn, and his heirs, and the lien. tenants and governors for the time being, shall admit and receive in and about all such ports, havens, creeks and keys, all officers and their deputies, who shall fronı time to time be appointed for that purpose by the farmers or commissioners of our customs for the time being:
Sect. 13. And we do further appoint and ordain, and by these presents, for us our heirs and successors, we do grant unto the said William Penn, bis heirs and assigns, that he the said William Penn, his heirs and assigns, may from time to time for ever have and enjoy the customs and subsidies, in the ports, harbours, and other creeks and places aforesaid, within the province aforesaid, payable or due for merchandises and warcs there to be laded and unladed, the said cus-toms and subsidies to be reasonably assessed upon any occasion, by themselves and the people there as aforesaid to be assembled, to whom. we give power by these presents, for us, our heirs and successors, upon just cause and in a due proportion, to assess and impose the saine; saving unto us, our heirs and successors, such impositions and customs, as by act of parliament are and shall be appointed.
Sect. 14. And it is our farther will and pleasure, that the said: William Penn, his heirs and assigns, shall from tiine to time constitute and appoint an attorney or agent, to reside in or near our city of London, who shall make known the place where he shall dwell, or may be found, unto the clerks of our privy council for the time being, or one of them, and shall be ready to appear in any of our courts at Westminster, to answer for any misdemeanors ihat shall be committed, or by any wilful default or neglect permitted, by the said Williain Penn, his heirs or assigns, against our laws of trade and navigation; and after it shall be ascertained in any of our said courts what damages we, or our heirs or successors, shall have sustained by such default or neglect, the said Williain Penn, his heirs or assigns, shall pay the same within one year after such taxation, and demand thereof from such attorney: Or in case there shall be no such attorney by the space of one year, ör such attorney shall not make payment of such damages within the space of one year, and answer such other forfeitures and penalties within the said time, as by the acts of parliament in England, are and shall be provided, according to the true intent and meaning of these presents, then it shall be lawful for us, our heirs and successors, to seize and resume the government of the said province or country, and the same to retain until paymert shall be made thereof: But not withstanding any such seizure 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 respective oftenders there, shall any way be affected or molested thereby.
Sect. 15. Provided always, and our will and pleasure is, that neither the said William Penn, nor his heirs or any other the inhabitants of the said province, shall at any tiine hereafter have or maintain any correspondence with any other king, prince or state, or with any of their subjects, who shall then be in war against us, our heirs and successors; nor shall the said William Pena, or his heirs, or any other the inhabitants of the said province, make war, or do any act of hostility against any other king, prince or state, or any of their subjects, who shall then be in league or amity with us, our heirs or successors.
Sect. 16. And because in so remote a country, and situate near many barbarous nations, the incursions as well of the savages themselves as of other enemies, pirates and robbers, may probably be feared; therefore we have given, and for us, our heirs and successors, do give power by these presents unto the said William Penn, bis heirs and as. signs, by themselves or their captains or other their officers, to levy, mus. ter and train all sorts of men, of what condition or wheresoever born, in the said province of Pennsylvania, for the time being, and to make war, and to pursue the enemies and robbers aforesaid, as well by sea as by land, yea even without the limits of the said province, and by God's assistance to vanquish and take them, and being taken to put them to death by the law of war, or to save them, at their pleasure, and to do all and every other act and thing which to the charge and office of a captain-general of an army belongeth or hath accustomed to belong, as (fully and freely as any captain general of an army hath ever had the same.
Sect. 17. And furthermore, of our especial grace, and of our certain knowledge and mere motion, we have given and granted, and by these presents, for us, our heirs and successors, do give and grant unto the said William Penn, his heirs and assigns, full and absolute power, licence and authority, that he the said William Penn,' his 'heirs and assigns, from time to time hereafter forever, at his or their will or pleasure, may assign, alien, grant, demise, or enfeoff of the premises so many and such parts and parcels, to him or them that shall be willing to purchase the same, as they shall think fit, to have and to hold to thein, the said person or persons wil. ling to take or purchase, their heirs and assigns, in fee-simple, or feetail, or for the term of life, or lives, or years, to be held of the said William Penn, his heirs and assigns, as of the said seniory of Windsor, by such services, customs and rents, as shall seem fit to the said William Penn, his beirs and assigns, and not immediately of us, our heirs or successors.
Sect. 18. And to the same person or persons, and to all and every of them, we do give and grant by these presents, for us our heirs and successors, licence, authority and power, that such person or persons may take the premises, or any parcel thereof, of the aforesaid William Penn, his heirs or assigns, and the same hold to themselves, their heirs and assigns, in what estate of inlıeritance soever, in feesimple or in fee-tail, or otherwise, as to him the said William Penn, his heirs and assigns, shall seem expedient: The statute made in the parliament of Edward, son of king Henry, late king of England, our predecessor (commonly called The statute quia enptores terrarum,. lately published in our kingdom of England) in anywise notwithstanding
Sect. 19. And by these presents we give and grant licence unto the said William Penn, and his heirs, likewise to all and
person and persons, to whom the said William Penn or his heirs, shall at any time hereafter grant any estate of inheritance as aforesaid, to erect any parcels of land within the province aforesaid into manors, by and with the licence to be first had and obtained for that purpose, under the hand and seal of the said William Penn, or his heirs; and in every of the said manors to have and to hold a court-baron, with all things what-soever which to a court-baren do belong, and to have and to hold view of frank-pledge for the conservation of the peace and the better gov, ernment of those parts, by themselves or their stewards, or by the lords for the time being of other manors, to be deputed when they shall be erected, and in the same to use all things belonging to the view of frank-pledge. And we do further grant license and authority, that every such person and persons, who shall erect any such manor or manors as aforesaid, shall or may grant all or any part of his said lands to any person or persons in fee-simple, or any other estate of ịnheritance, to be held of the said manors respectively, so as no further tenures shall be created; but that upon all further and other alienations thereafter to be made, the said lands so aliened shall be held of the same lord and his heirs, of whom the alienor did then before hold, and by the like rents and services which were before due and accustomed.
Sect. 20 And further our pleasure is, and by these presents, for us, our heirs and successors, we do covenant and grant to and with the said William Penn, his heirs and assigns, that we our heirs and successors shall at no time hereafter set or make, or cause to be set, any imposition, custom or other taxation, rate or contribution whatsoever, in and upon the dwellers and inhabitants of the aforesaid province, for their lands, tenements, goods or chattles within the said province, or in and upon any goods and merchandise within the said province, or to be laden or unladen within the ports or harbours of the said province, unless the same be with the consent of the proprietary, or chief governor and assembly, or by act of parliament in England.
Sect. 21. And our pleasure is, and for us, our heirs and succes. sors, we charge and command, that this our declaration shall from henceforward be received and allowed, from time to time, in all our courts, and before all the judges of us, our heirs and successors for a sufficient and lawful discharge, payment and acquittance; commanding all and singular the officers and ministers of us, our heirs and successors, and enjoining them, upon pain of our highest displeasure, that they do not presume at any time to attempt any thing to the contra,
xy of the premises, or that they do in any sort withstand the same, but that they be at all times aiding and assisting, as is fitting, unto the said William Penn, and his heirs, and to the inhabitants and merchants of the province aforesaid, their servants, ministers, factors and assigns, in the full use and fruition of the benefit of this our charter.
Sect. 22. And our further pleasure is, and we do hereby, for us, our heirs and successors charge and require, that if any of the inhabitants of the said province, to the number of twenty shall at any time hereafter be desirous, and shall by any writing, or by any person deputed for them, signify such their desire to the bishop of London, that any preacher or preachers, to be approved of by the said bishop, may be Bent unto them for their instruction; that then such preacher or preachers shall and may be and reside within the said province, without any denial or molestation whatsoever.
Secť 23. And if perchance hereafter any doubt or question should arise, concerning the true sense or meaning of any word, clause or sentence, contained in this our present charter, we will, ordain and command, that at all times and in all things, such interpretations made thereof, and allowed in any of our courts whatsoever, as shall be adjudged most advantageous and favorable unto the said William Penn, his heirs and assigns: Provided always, no interpretation be admitted thereof, by which the allegiance due unto us, our heirs and succes. sors, may suffer any prejudice or diminution; although express mens tion be not made in these presents of the true yearly value, or certainty of the premises, or of any part thereof, or of other gifts and grants made by us, our progenitors or predecessors unto the said William Penn; or any statute, act, ordinance, provision, proclamation, or re. straint beretofore had, made, published, ordained or provided, or any other thing, cause or matter whatsoever, to the contrary thereof in anywise notwithstanding. In witness whereof we have caused these our letters to be made patents: Witness ourself, at Westminster, the fourth day of March, in the three and thirtieth year of our reign. By writ of Privy Seal.
PROPRIETARY FRAMES OF GOVERNMENT.
The frame of the government of the province of Pennsyl
vania, in America; together with certain laws agreed upon in England, by the Governor and divers freemer, of the aforesaid province.
THE PREFACE. When the great and wise God had made the world, of all his crex tures, it pleased him to chose man his Deputy to rule it; and to fit him for so great a charge and trust, he did not only qualify him with skill and power, but with integrity to use them justly. This native good ness was equally hiş bonour and his happiness; and whilat he stoga here, all went weli; there was no need of coercive or compulsive means; the precept of divine love and truth, in his bosom, was the guide and keeper of his innocency. But lust prevailing against duty, made a lamentable breach upon it; and the law, that before had no power over him, took place upon him, and his disobedient posterity, that such as would not live conformable to the holy law within, should fall under the reproof and correction of the just law without, in a judicial administration,
This the, Apostle teaches in divers of his epistles: “ The law (says lie) was added because of transgression;" In another place," Knowing that the law was not made for the righteous man;- but for the disobedient and ungodly, for sinners, for unholy and prophane, for murderers, for whoremongers, for them that defile themselves with mankind, and for manstealers, for lyers for perjured persons,” &c. but this is not all, he opens and carries the matter of government a little further: " Let every soul be subject to the higher powers; for there is no power but of God. The powers that be are ordained of God: whosoever therefore resisteth the power, resisteth 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 shalt have praise of the same." "He is the minister of God to thee for good." ** Wherefore ye must needs be subject, not only for wrath, but for conscience sake."
Tnis settles the divine right of government beyond exception, and that fur two ends: first, to terrify evil doers; secondly, to cherish those that do well; which gives government a life beyond corruption, and inakes it as durable in the world, as good men should be. So that vernment seems to me a part of religion itself, a thing sacred in its institution and end. For, if it does not directly remove the cause, it crushes the effects of evil, and is as such, (though a lower,) yet an emination of the same divine power, that is both author and object of pure religion; the difference lying here, that the one is more free and mental, the other more corporal and compulsive in its operations; but that is only to evil doers; government itself being, otherwise as capable of kindness, goodness and charity, as a more private society. They weakly err, that think there is no other use of government, than correction, which is the coarsest part of it: daily experience tells us, that the care and regulation of many other affairs, more soft, and daily necessary, make up much the greatest part of government; and which must have followed the peopling of the world, had Adam never fell, and will continue among men, on earth, under the highest attainments they may arrive at, by the coming of the blessed second Adam, the Lord, from Heaven. Thus much of government in general, as to its rise and end.
For particular frames and models, it will become me to say little ; and comparatively I will say nothing. My reasons are:
First, That the age is too nice and difficult for it; there being nothing the wits of men are more busy and divided upon. It is true, they seem to agree to the end, to wit, happiness; but, in the means, they differ, as to divine so to this human felicity; and the cause is much the same, not always want of light and knowledge, but want of using them rightly. Men side with their passions against their reason, and their sinister interests have so strong a bias upon their minds, that they lean to them against the good of the things they know.