USA > Pennsylvania > Annals of Pennsylvania, from the discovery of the Delaware > Part 57
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543
1682. -
bers incor- porated.
No inter- meddling of other jus-
Court-baron.
Court-lect. and view of frank-
t
544
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682.
manor or courts, or to the said Free Society of Traders, or their successors, as lords of the said manor, belonging or in anywise of right appertaining.
" And whereas, by the said letters-patent, full power is granted unto the said William Penn, and his heirs, to appoint t judges, lieutenants, justices, magistrates, and officers, for what t cause soever, and with what power, and in such form as to me seems convenient, with liberty to import the growth and manufactory of that province into England, paying the legal duty, as also to erect ports, harbours, creeks, havens, keys, and other places for merchandises, with such jurisdictions and privileges as to me, William Penn, shall seem expedient.
" Now further witness these presents, that I, William Penn, according to the power given by the said letters-patent, do, for me and my heirs, authorize and give power to the said Free Society of Traders, and their successors, for the better carrying on their trade, and for the common execution of justice in the said Manor of Frank, from time to time, and May appoint at all times hereafter, to appoint to place, and to remove officers. whom they will, of themselves, for president, treasurer, secre- tary, sheriff, surveyor, agents, stewards, and all other under- officers and servants of the said Free Society of Traders, and their successors, and of the said corporation and Manor of Frank, as to them shall seem meet and most convenient, and that the said officers and servants of the said Free Society of Traders, or of their successors, and the tenants of the said Manor of Frank, and the inhabitants within the same, shall not be impleaded, without the said manor, for any plea arising within the said manor, and that none shall lodge within the houses or lands within the said manor, by force, and all the freemen of the said Free Society, and their goods, shall be quit and free throughout the province, and the ports thereof, of and from all toll, passage, lightage, and all other customs and payments whatsoever, excepting only such as shall be taxed by common consent of the provincial council and ge- neral assembly of the said province; and also that their courts may sit once in a week, that is to say, on the second day of the week, called Monday, and that right be done then according to law. And I do further grant them, according to that authority given me, acquittal of murder within the said manor; and that none of the said Free Society, or of their successors, or of the said manor, be compelled to wage
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545
W. MARKHAM, DEPUTY .- CHARLES II.
1682.
battle, and that they may discharge themselves of the pleas belonging to the province, according to what laws and cus- toms shall be justly established in the said Free Society, and that all and singular the officers and servants of the said Free Society, and inhabitants and dwellers within the said manor, or any of them, shall be, and every of them is, and for all time to come, shall be and remain under the rule, go- vernment, jurisdiction, oversight, searches, correction, punish- ment, precepts, and arrest of the said Free Society, and their successors, and their respective under-officers for ever, any liberties, franchise, privileges, exemption, or authority what- soever, granted by the said William Penn, to the contrary thereof notwithstanding. Provided nevertheless, that all per- sons who shall inhabit, in time to come within the liberties and franchises of the said manor, or any the precincts, cir- cuits, or compass thereof, and all buildings therein built or to be built, and all lands, tenements, and hereditaments within the said manor, from henceforth shall be for ever quit and free from all taxes and other burdens of scot, lot, watch and ward, through and within the said manor, to be paid, made, sustained, or contributed, except the charges and expenses due and reasonable for the defence of the province, and such like special public services and taxes, by common consent of the provincial council and general assembly as aforesaid, and except the charges for ways, pavements, ditches, bridges, and water-courses, within the circuits, precincts, liberties, juris- dictions of the aforesaid manor, respectively to be paid. And that all freemen of the Free Society aforesaid, for the time being, inhabiting, or who shall inhabit within the liberties and franchise of the said manor, shall be chargeable and liable to serve in all offices and charges, as well of president, deputy-president, treasurer, secretary, agents, sheriff, steward, and whatsoever other office he or they shall be deemed meet for by the said Free Society.
" And furthermore, for the better and common profit of the said Free Society, and for the accommodation and supportation of the charges and expenses of the said Free Society of Traders, and to their successors, I grant to the said Free Society of Traders, and to their successors, that from and henceforth and for ever, all and singular persons, though they be not free of the same Free Society, who shall hereafter be dwelling within the liberties or precincts of the said manor, in all aids,
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546
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682. tallages, grants, and other contributions whatsoever, that shall be taxed to the use and service of the said Free Society, for the maintaining the magistracy, and other public charges, as in cities and towns are to be maintained by the freemen and inhabitants of the same, for the public good, howsoever shall be reasonably and proportionably taxed and assessed, and that the said Free Society of Traders, by their respective officers aforesaid, can levy the same aids, tallages, grants, and other contributions and lawful taxes, by their own officers and ministers, by distress and sale of goods and chattels of such persons, who from time to time shall be charged with payment of such aids, tallages, grants, and other taxes and contribu- tions, who shall refuse or neglect to pay the same. Provided always, nevertheless, that such residents and dwellers in any houses within the aforesaid society, who are not, nor shall be freemen of the same, shall only be taxed for the house in which they shall inhabit or reside, or are dwelling within the same society's liberties, or precincts of the same, according to the known customs of rent payable, and as those who are free of the said Free Society, and are taxed, and not otherwise. And in case any such said inhabitants, not being freemen of the society, shall think himself, by reason of the aforesaid taxes, unjustly grieved, that then, and in such case, the pro- vincial council, or such persons as they shall appoint, shall moderate and qualify such contributions as they shall think fit
" And furthermore, I do grant to the aforesaid Free Society of Traders, and their successors, that the president, deputy- president, treasurer, secretary, surveyor, and the agents of the said Free Society, and their stewards aforesaid, who here- after, for time being, shall be chosen by the said Free Society, so long as they shall continue in their respective offices in the society aforesaid, for ever be, and shall be, justices and keeps of the peace, and make to be kept the peace in and through all and singular the circuits and precincts, liberties, franchises, and places of the manor and corporation aforesaid, and to keep, or cause to be kept and executed, all laws and statutes of the province, made for their good, and for the public peace and quiet rule and government of the people, in all their liberties and franchises, according to the force, form, and effect of the same, and to chastise and punish those who, contrary to the form and effect of those laws or statutes, or
547
1682.
W. MARKHAM, DEPUTY .- CHARLES II.
any of them, within the limits, franchises, and places afore- said, are found to offend, as ought to be done, according to the frame of the said laws and statutes, and to make to come before them all those who threaten any of the people con- cerning their bodies, or burning their houses, and for other lawful and sufficient causes, to find sufficient security of the peace, or good behaviour, and if they refuse to give security, then to commit or cause them to be safely kept in prison until they shall find such security.
" And I do further grant unto the said Free Society of Traders, for myself, and my heirs and successors, to them and their successors, that the justices aforesaid, or any three of them, whereof the said president or deputy-president and the treasurer shall be two, from henceforth and for ever, may be justices, to inquire of all manner of felonies, trespasses, forestallers, and of all and singular other misdeeds and of- fences, of which the provincial justices of the peace may and ought lawfully to inquire, howsoever or wheresoever done or committed, or which hereafter shall be done or attempted within the liberties, franchises, and places of the manor afore- said, and also of all others who, within the same franchises, liberties, and places, go or ride tumultuously and riotously, or with armed force, against the peace, and to the terror [and] disturbance of the people; and also of those who lie in wait to kill the people, or hereafter shall presume to lay in wait ; and also of all and singular other persons who have offended, or attempted, or hereafter shall presume to offend, or attempt, in abuse of weights and measures, within the said manor, against the form of the laws and statutes, or any of them, made or to be made for the common profit of the pro- vince and people; and also to hear and determine all and singular the same felonies and misdeeds, according to the laws and statutes of the province; so always that the said Free Society of Traders, and their successors, may have and hold all and singular their privileges, free, whole, and unhurt, and that neither a keeper of the peace, or justice, or other officers or ministers of the province whatsoever, shall inter- meddle in the same manor, nor call the freemen of the said Free Society, or other persons inhabiting within the said manor, to an account for any of the felonies and other offences aforesaid found therein, or to be found, or for deodands, nor for any thing relating to felonies, fugitives, or their lands,
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1
ali for ag nd all nd
548
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682. goods, or chattels, within the said manor, usually seized for the king, but the said Free Society, and their successors, shall enjoy them fully, and convert them to their own proper use.
" And I do further grant that the president (for the time being) of the said Free Society, (and in the absence of the pre- sident,) the deputy president for the time being, shall be a justice and keep of the peace of the province, in the liberties of the same, to be conserved and kept, and I do constitute, make, and ordain, by these presents, that every one who is, or hereafter shall be president of the said Free Society, so long as he shall behave himself well, shall be, together with the justices and keeps of the peace hereinbefore mentioned, keepers and justices of the peace within the corporation aforesaid, and the liberties of the same, to keep, or cause to be kept, all and singular the laws and statutes made and to be made for the good and peace of the province, and for the conservation of the same, for the quiet rule and government of the people, in all their liberties and franchises, within the said corporation, according to the form, force, and effect of these presents, and to correct and punish all those whom they shall find offending against the ordinances of the said Free Society, as also all murders, false conspirators, and all and singular other offenders, according to the laws and statutes of the said province, as used and ought to be done in such like cases ; and to chastise and punish the said offenders for their faults, by fines, redemptions, amercements, forfeitures, and otherwise, as used and ought to be, according to the laws and statutes of the province, and to do, exercise, hear, determine, and execute all and singular things within the said corporation and liberties thereof, which justices of the peace, by the laws and statutes of the province, may or are enabled to do, in- quire, or execute, and in as ample manner and form as any one or other justices of the peace in the province may or are enabled lawfully to do, inquire, punish, or execute, in any other precincts of the said province, giving it strictly in com- mand, by these presents, for me, my heirs and successors, to the freemen, officers, and all inhabitants within the said cor- poration, that they shall be attending, counselling, answering, assisting, and aiding, to the justices and keepers of the peace, and other such officers as are aforesaid, in all things which do or may belong to the office of justices and keeps of the peace within the said corporation and liberties of the same, as afore-
549
1682.
W. MARKHAM, DEPUTY .- CHARLES II.
said, as often and when they shall be duly required by them, or any of them, in behalf of me, my heirs and successors.
" And I do further grant, and by these presents, have granted, for me and my heirs, unto the said Free Society, and their successors, all recognisances at any time lawfully taken or acknowledged, or to be taken or acknowledged for appear- ance, and forfeited, or to be forfeited for non-appearance, at any session or sessions of the peace, or jail delivery, holden or to be holden before the justices aforesaid ; and all manner of other recognisances lawfully taken, or to be taken for and concerning the keeping of the peace, and for keeping the ordinances, orders, and rules of the said Free Society whatso- ever, according to law ; and also all fines and issues of jurors, and all other issues, fines, and amercements, forfeited at all times, for any matter or causes, and occasions whatsoever, in the said manor, or liberties of the same.
" And I do, for myself and my heirs, grant unto the said Free Society of Traders, and their successors, to choose three officers of the said Free Society, to be of the said provincial council of the province, and when, by any article in the in- tended frame of government, any one of the said officers shall go out, then the said Free Society of Traders, and their successors, shall choose another, and so successively for ever.
" And I do, for myself, and my heirs and assigns, grant unto the said Free Society of Traders, and their successors, all manner of mines and metals, as well royal mines of gold and silver, as other mines, which shall be found in the said twenty thousand acres, or in any part of them, excepting only the fifth part reserved by the king of England to him- self, his heirs and successors; and excepting also one other fifth part of all the ore which shall be found in any mines of gold and silver, to me, the said William Penn, my heirs and assigns.
" And I do, for myself, and my heirs and assigns, grant unto the said Free Society of Traders, free fishing of whales, sturgeon, and all royal and other fishes in the main sea and bays of the said province, and in the inlets, waters, and rivers within or adjoining to the said twenty thousand acres, or any part thereof, the said Free Society of Traders, and their successors, yielding and paying unto me, William Penn, my heirs and assigns, the sum of one shilling yearly, upon the day of the vernal equinox, or within one and twenty days
1
c .
550
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682.
after, at my dwelling-house in the capital city of Pennsyl- vania.
" And lastly, I do also grant, for me and my heirs, to the said Free Society, and their successors, for ever, all and every one of the things aforesaid; and further, that no manner of person whatsoever shall inspect their books, warehouses, or houses, without their own consent, but shall in all respects be free to trade, build, and plant, and to appoint fairs and mar- kets, at such convenient times as they shall think fit, within the corporation and manor aforesaid, together with all other reasonable liberties, franchises, and immunities whatsoever, which have at any time heretofore been granted to the city of London.
" In witness whereof, I have put my name and seal, this four and twentieth day of the first month, called March, in the four and thirtieth year of the said now king's reign, and in the year of our Lord, according to the computation of England, one thousand six hundred and eighty-one-two.
" WILLIAM PENN." [L. S. ]1
April 4. Address and constitution of the Free Society of Traders.
On the day following the date of the charter, "the articles, settlement, and officers of the Free Society of Traders, in Pennsylvania, agreed upon by divers merchants and others, for the better improvement and government of trade in that province," was published in a folio pamphlet, in London. It opens with an address setting forth the advantages of the society, and is accompanied by a constitution, to which sub- scriptions are invited. The operations were intended to be upon a very extensive scale. They are as follows :
The preface.
" The Preface .- Reader : honest and industrious traffic has been the usage and the praise of many nations; and in this all countries seem agreed, that their wealth and strength are begun, continued, and increased by it, a truth common expe- rience daily confirms; for this hath made, and is making many princes and states in the world endeavour to have their subjects prosper in trade. The very Indian princes are now convinced of this truth, which makes the King of Bantam send his ambassador here. This is likewise the reason why many considerate men have thought fit to join themselves in a society of trade in Pennsylvania, which, after some diffi-
1 Records of Bucks County; for a copy of which the author is indebted to W. Carr, Esq. It is believed that it has never been in print.
551
W. MARKHAM, DEPUTY .- CHARLES II.
culty, they have accomplished. But this may be modestly said, it is a very unusual society, for it is an absolute free one, and in a free country ; a society without oppression, wherein all may be concerned that will, and yet have the same liberty of private traffic as though there were no society at all; so that this society is calculated both to promote the public good, and to encourage the private; and indeed, it seems not possible that province should be improved in many ycars without it, as it is like to be in a few years by it. How- ever, it is such a society as can do harm to none, but may do good to all, which a serious perusal of the government of it will plainly evince to the considerate and ingenious. We may add, that it is no small conveniency and ease to the minds of planters, (happily unacquainted in trade,) that they may have some part of their estates improving in an united way and care, whilst they thereby may, with less distraction, and more freedom of spirit, apply themselves to their particular planta- tions ; for here a few hands do the work of the whole, and by this honest and free device, the whole will be furnished fresh and fresh, from time to time, in the nature of a bank. This union of traffic prevents emulation, for every one is interested in every one's prosperity, and the profit must be greater and surer, and navigation, manufacture, and arts better improved, than by force of private and divided stocks. To conclude, it is an enduring estate, and a lasting as well as certain credit ; a portion and inheritance that is clear and growing, free from the mischief of frauds and false securities, supported by the concurrent strength and care of a great and prudent body, a kind of perpetual trustees, the friend of the widow and the orphan, for it takes no advantage of minority or sim- plicity.
"These and many more great advantages accrue to a society so freely constituted as this appears to be, by the ensuing articles of agreement, which are imposed on none, but recom- mended to all, with this assurance, that nothing is hereby in- tended but what is consistent with justice and prudence, to the best of their skill that were concerned in the framing of it; and it is hoped that the improvements which may accruc by it, will prove to be of no small advantage to that country, and Old England, from whom it takes its original.
" To which, reader, it may not be improper to add, that this society is endowed with divers immunities and privileges,
1682.
e y
552
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682. by grant and charter, from William Penn, governor of that province. " NICHOLAS MOORE,
" JAMES CLAYPOOLE, " PHILIP FORD.
" London, 25th of first month, called March, 1682."1
The first general court to be held in London, May 29, and ever after on first Thursday of November, in the capital city in Pennsylvania. Votes may be by proxy.
No one in England to have more than one vote, unless he have a share of land in Pennsylvania, at least 1000 acres of his own, with some inhabitants on it, in which case, inhabit- ants of Pennsylvania shall, for two £25's, or one £50, have one vote; £100, two votes; £300, three votes, and none more.
Subscription books in England to open 29th June, and no longer ; in Pennsylvania, from arrival of first ship of the society for six months, paying 15 per cent. sterling for risco run by the society, for such as subscribe in thirty days, and 1 per cent. for every month after, to be added to the value of the cargo.
No subscription for less than £25, in one man's name, though five may join in it.
At the meeting in England, in May, subscribers shall con- firm their subscriptions by paying 5 per cent. as part of the sum to be paid in one month.
President, deputy, treasurer, secretary, and 12 committee- men to be then chosen; any five, with president or deputy, to be a quorum.
Committee-men to have but one vote each; president or deputy a casting vote.
At end of seven years from closing in Pennsylvania, new subscribers received ; and so every seven years. Valuation of stock to be made, and subscribers to be on valuation.
Two hundred servants to be sent to Pennsylvania first year, of most suitable trades and capacities.
Additions may be made to subscriptions before the month is out.
The president, deputy, and treasurer, must own 5000 acres in Pennsylvania, and £100 of society stock.
General officers to continue seven years, and live in society's house, but may be dismissed for crime proved against them 1 Reg. Penns. vol. i. pp. 394-396.
Abstract of the constitu- tion.
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in CO de
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the constitu tion, con- tinued.
W. MARKHAM, DEPUTY .- CHARLES II.
hat in court of assistants, who may elect in his place till next 1682. court ; this court chosen yearly, who shall advise with presi- dent in emergency, as to receiving more money, dividends, filling places, settling new factories, mines, building ships, &c. Abstract of
The committee to choose inferior officers at home and abroad, and generally to direct.
All forfeitures to be employed in improving land for the maintenance of families of persons disabled in the service.
The books, papers, &c. to be kept in society's house, under three locks and keys, in charge of president or deputy, treasurer, and oldest committee-man. The books, &c. not to be intrusted to any person longer than to transcribe any part in day-time, and in the house, before some person appointed by committee ; the book-keeper only to have a copy, which any member may examine once a month.
Treasurer to give security, as also all agents, store-keepers, ship-masters, &c. Servants bound to secrecy, or forfeit security.
Black servants to be free at fourteen years' end, on giving to the society two-thirds of what they can produce on land allotted them by the society, with a stock and tools; if they agree not to this, to be servants till they do.
No mineral undertaking to be begun but with approval of assembly. At each yearly meeting, a general statement of affairs.
Two or more general factories in Pennsylvania; one on Chesapeake Bay, and one on Delaware or elsewhere, for more speedy conveyance of goods into the country and Maryland, but the government of the whole to be in Pennsylvania.
Society to assist Indians settling in towns, with advice and artificers.
Twenty-four assistants to be added to committee ; twenty and the president a quorum.
The first assembly in Pennsylvania to be desired to ratify the patents from the governor by an act.
Notices of meetings to be regularly served at the dwellings.
Those who do not pay the instalments after second call, cannot dispose of their stock, but society may dispose of it to those who will, unless prevented by calamity or poverty, in which case they may sell.
A chief agent to reside in England, to whom letters and goods shall be directed ; he to have a council of six factors,
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