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DOCUMENTS.
It is their opinion that the Secretary should be directed to prepare a report on their contents, to be laid before the legislature at their next session, by means of which they will be best able to determine which of them deserve to be published, and to act thereon as their wisdom shall direct.
In accordance with these views, the committee beg leave to report the accompanying bill.
No. III.
Extract from the fict of April 4th, 1837, authorizing the printing of the Minutes of the Provincial Council.
SECTION 2. That the Minutes of the Council of the Proprietary Government, from the year one thousand six hundred and eighty. one, to one thousand seven hundred and seventeen, inclusive. which are deposited in the office of the Secretary of this Commonwealth, with a suitable index, and such introductory matter as may be decm- ed proper, be immediately printed, in the octavo form. under the direction of the said Secretary, to the number of one thousand copies : Provided, That the cost does not exceed three thousand dollars.
SECTION S. That two hundred copies of the said Minutes, when printed, shall be placed in the hands of the Governor, to be by him distributed among learned societies and public libraries, in other states of this Union, at his discretion ; that twenty copies shall be presented to the director of the Philadelphia Athenaeum, twenty copies - to the Historical society, to be by them deposited as they may think best for their preservation and safe keeping; one copy to each of the several Colleges within the Commonwealth, five copies to the Frank- lin library in the city of Philadelphia. and one copy deposited in each of the several Record offices in the Commonwealth, and one copy placed in the hands of the members of the present Legislature. five copies in the State library, and one copy in each of the public libra- ries of the state, five copies to the Historical society.
SECTION 4. That the Secretary of this Commonwealth shall pre- pare and report to the legislature at their next session a list of the Colonial documents deposited in his office, with his opinion as to those that are worthy of preservation by means of the press, and the probable expense of publishing the same.
SECTION 5. That the said Secretary of the Commonwealth shall cause the original charter of Pennsylvania, now in his office, to be framed, covered with glass, and placed in said office for the inspec- tion of visitors, and that the expense thereof be paid out of any funds in the Treasury, not otherwise appropriated.
LEWIS DEWART.
Speaker of the House of Representatives. J. R. BURDEN,
Speaker of the Senate.
APPROVED-The fourth day of April. A. D., eighteen hundred and thirty-seven.
JOS. RITNER.
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INTRODUCTORY
No. IV.
Extract from the Act of April 14th, 1838, relative to the printing and distribution of the Colonial Records.
SECTION 7. That the Secretary of the Commonwealth be, and he is hereby authorized and required, to continue the printing of the Min- utes of the Council of the Proprietary Government, down to the period of the Revolution, on the plan by him proposed in his report to the Legislature of the thirtieth of January last, and to include the other public records and documents therein mentioned, to be added as appendixes to each volume, to the number of fifteen hundred copies.
SECTION 8. That the Secretary be, and he is hereby authorized to purchase of the printer, for the use of the state, the five hundred copies of the first volume which he has printed over and above the one thousand copies directed by the act entitled "A supplement to the act entitled, an act to authorize the printing and distribution of the pamphlet laws in the German language, and for other purposes," passed Anno Domini, one thousand eight hundred and thirty-seven.
SECTION 9. That one thousand out of the fifteen hundred copies of the work directed to be printed and purchased, be disposed of by a subscription, to be opened at the several County Treasuries of the Commonwealth, at the price of one dollar and sixty cents per vo !- ume, the proceeds whereof shall be applied to the continuation of the work, and to the binding of the volumes.
SECTION 10. That one thousand one hundred and forty-six dollars and twenty-five cents be, and the same is hereby appropriated for purchasing the additional five hundred copies and carrying on the work, in addition to the appropriation of last year, until the proceeds of the subscription shall come into the Treasury.
SECTION 11. That the Secretary be, and he is hereby authorized to employ a clerk to aid him in the prosecution of the work, at a salary of eight hundred dollars per annum, to be charged on the Treasury, and to be paid to him from the time that he has begun to be so employed.
SECTION 12. That two hundred copies of said Minutes, when printed and bound, shall be placed in the hands of the Governor, to be by him distributed among learned societies and public libraries. in other states of this Union, at his discretion ; that five copies shall be presented to the American Philosophical society, five to the Ilisto- vical society, five to the Philadephla library, two to the Philadelphia Athæneum, one copy to each of the several Colleges and public Li- braries in the state, one to each of the members and clerks of the present and last legislature, and that five copies shall be deposited in the State Library, and one copy in each of the Record offices of the Commonwealth.
SECTION 13. That the third section of the supplement to the act entitled " An act to authorize the printing and distribution of the pamphlet laws in the German language, passed January twenty-third A. D., one thousand eight hundred and thirty-seven, and for other purposes," be and the same is hereby repealed,
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DOCUMENTS.
No. V.
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 Subject, William Penn, Esquire, sonn and heire of Sir William Penn, deceased, out of a commendable desire to enlarge our English Empire, and promote such usefull comodities as may bee of benefitt to us and our Dominions, as alsoe to reduce the Savage Natives by gentle and just manners to the love of civill Societic 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 cultevated and planted. And hath likewise humbley besought our Royall majestie to give grant, and confirme all the said countrey with certaine priviledges and Jurisdiccons requisite for the good Government and saftie of the said Countrey and Colonie, to him and his heires forever. KNOW 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 obteyn- ed against the Dutch fleete, comanded by the Heer Van Opdam, in the yeare One thousand six hundred sixtie five, in consideration there- of of our special grace, certaine knowledge and meere motion, Have given and granted, and by this our present Charter, for vs, our heires and successors, Doe give and grant unto 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 Castle Towne unto the three and fortieth degree of Northern latitude if the said River doeth extend soe farre Northwards; 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 drawn from the head of the said River vnto the said three and fortieth de- gree, the said lands to extend Westwards, five degrees in longitude, to bee computed from the said Easterne Bounds, and the said lands to bee bounded on the North, by the beginning of the three and for- tieth 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 alsoe give and grant vito
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the said William Penn, his heires and assignes, the free and vndis- turbed vse, and continuance in and passage into and out of all and singular Ports, harbours, Bayes, waters, rivers, Isles and Inletts, be- longing vnto or leading to and from the Countrey, or Islands afore- said; and all the soyle, lands, fields, woods, vnderwoods, mountaines, hills, fenns, Isles, Lakes, Rivers, waters, rivuletts, Bays and Inletts, scit- uate or being within or belonging vnto the Limitts and Bounds aforesaid together with the fishing of all sortes of fish, whales, sturgeons, and all Rovall and other fishes in the sea, bayes, Inletts, waters or Riv- ers, 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 pretions Stones, and all other whatsoever, stones, metalls, or of any other thing or matter whatsoever. found or to bbe found within the Countrey, Isles, or Limitts aforesaid; and him the said William Penn, his heires and assignes, WEE DOE, by this our Royall Charter, for vs, our beires and successors, make, create and constitute the true and absolute proprietaries of the Coun- trey aforesa'd, and of all other, the premises, saving alwaves 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 ten- ants and Inhabitants that are, or shall be within the Territories and precinets aforesaid; and saving alsoe vnto vs, our heires and Succes- sors, the Sovreignity of the aforesaid Countrey, TO HAVE, hold and possesso and enjoy the said tract of Land, Countrey, Isles, Inletts and other the premises, vnto the said William Penn, his heires and as- signes, to the only proper vse and behoofe of the said William Penn, his heirs and assignes forever. To bee holden of vs, our heires and Successors, Kings of England, as of our Castle of Windsor, in cur County of Berks, in free and comon socage by fealty only for all services, and not in Capite or by Knights service, Yeelding and pay- ing therefor to us, our heires and Successors, two Beaver Skins to bee delivered att our said Castle of Windsor, on the first day of January, in every yeare ; and also the fifth parte of all Gold and silver Oare, which shall from time to time happen to bee found within the Limitts aforesaid, cleare of all charges, and of our further grace certaine knowledge and meere mocon, wee have thought fitt to Erect, and wce doe hereby Erect the aforesaid Countrey and Islands, into a province and Seigniorie, and doe call itt Pensilvania, and soe from henceforth wee will have 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, wisedome, Justice and provident cir- cumspeccon of the said William Penn, for vs, our heires and succes- sors, Doc grant free, full and absolute power, by vertue of these presents to him and his heirs, and to his and their Deputies, and Lieu- tenants, for the good and happy government of the said Countrey, to ordeyne, make, enact and under 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
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DOCUMENTS.
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 greator 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 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 upon all people within the said Countrey and limitts thereof; and WEE doe likewise give and grant unto 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 Justices, ma- gistrates and officers whatsoever, for what causes soever, for the pro- bates of wills and for the granting of administracons within the pre- cincts aforesaid, and with what power soever, and in such forme as to the said William Penn, or his heires, shall seeme most convenient. Alsoc 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 wilfull and malitious murder onely excepted; and in those cases, to grant reprieves untill 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 Tribunal's, formes of Judicature and manner of pro. ceedings doe belong, altho' in these presents expresse mencon bec not made thereof; and by Judges by them delegated to award pro- cesse, hol I pleas and determine in all the said Courts and Tribunalls, all accons, suits and causes whatsoever, as well criminall as civill, personall. r'eall and mixt, which Lawes soe as aforesaid, to bee pub- lished. Our pleasure is, and soe Wee enioyne require and comand shall bee most absolute and avaylable in law, and that all the Liege people and Subjects of vs, our heires and successors, doe observe and keepe the same inviolable in those partes, soe farr as they concerne them, vnder the paine therein expressed, or to bee expressed. Pro- vided; Nevertheles, that the said Lawes bee consonant to reason, and bee not repugnant or contrarie, but as neere as conveniently may bee agreeable to the Lawes, statutes and rights of this our Kingdomne of England, and saveing and reserving to vs, our heires and successors, the receiving, heareing and determining of the appeale and appcales, 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, sudder accidents doe often happen, whereunto itt will bee necessarie to apriy a remedie before the freeholders of the said Province, or their Dele- gates or Deputies can bee assembled to the makeing of Lawes nei- ther will itt be convenient that instantly vpon every such emergent occasion, soe greate a multitude should be called together. There- tore, for the better Government of the said Countrey, WIE WILL, and ordeyne, and by these presents for vs, our heircs and successors, Doe grant vnto the said William Penn, and his heires, Sy themselyca
VOL. I.
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or by their magistrates and officers, in that behalfe, duely to bee or- deyned as aforesaid, to make and constitute, fitt and wholesome or- dinances from time to time within the said Countrey, 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 inviola- bly within the said Province, vnder paines therein to bee expressed, soe as the said ordinances bee consonant to reason and bee not re- pugnant nor contrary, but soe farre as conveniently may bee agreeable with the Lawes of our kingdome of England, and soe 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 pleas- ure is, that the Lawes for regulateing and governing of propertie, within the said Province, as well for the descent and enjoyment of lands, as likewise for the enjoyment and succession of goods and Chattells. and likewise as to felonies, shall bee and continue the same as shall bee for the time being. by the generall course of the Law in our Kingdome of England, vntill the said Lawes shall bee 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 al- legiance which by the Lawes of this our Realme of England, they and all our subiects, in our Dominions and Territories, always owe voto vs, our heires and successors, by colour of any extent or large- nesse 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 virtue of any such powers. Our further will and pleasure is, that a transcript or Duplicate of all lawes which shall bee sce as aforesaid. made and published within the said province, shall within five yeares after the makeing thereof, be transmitted and delivered to the privy Councell, for the time being, of vs, our heires and successors; and if any of the said Lawes within the space of six moneths, after that they shall be soe transmitted and delivered, lee declared by vs, our heires and successors. in our or their privy Councell, inconsistent with the sovereignety or lawfull prerogative of vs, our heirs or successors, or contrary to the faith and allegiance due by the legall Government of this realme, from the said William Penn, or his heires, or of the Planters and Inhabitants of the said province: and that therevpon any of the said Lawes shall bee adiuged and declared to bec void by vs, our heires or successors, under our or their Privy Seale, that then, and from thenceforth such Lawes concerning which such Judgement and decharacon shall bee made, shall become voyd, otherwise the said lawes soe transmitted, shall remaine and stand in full force ac- cording to the true intent and meaneing thereof. Furthermore, that
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DOCUMENTS
that this new Colony may the more happily increase, by the multi- tude of people resorting thither : THEREFORE, WEE, for vs, our heires and successors, doe give and grant by these presents, power licence and libertie vnto all the liege people and subjects, both present and future of vs, our heires and successors, excepting those who shall bee especiallyforbidden, to transport themselves and families vnto the said Countrey, with such convenient shipping, as by the lawes of this, our kingdome of England, they ought to vse with fitting provisions paying only the customes therefore due, and there to settle them- selves, dwell and inhabitt and plant for the publick and their own private advantage ; AND FURTHERMORE, that our subiects may bce the rather encouraged to undertake this expedicon with ready and cheerfull mindes. KNOW YEE, that wee of our especial grace certaine knowledge and meere mocon, Doe give and grant by vertue of these presents, as well vnto the said William Penn and his heires, as to all others who shall from time to time repaire vnto the said Countrey, with a purpose to inhabitt there, or to trade with the natives of the said Countrey, full license to lade and freight in any Ports whatsoever of vs, our heires and successors, according to the lawes made, or to be made within our kingdome of England, and into the said Countrey, by them, theire servants or assignes, to transport all and singular theire wares, goods and merchandizes, as likewise, all sorts of graine whatsoever, and all other things whatsoever ne- cessary for food or cloathing, not phibited by the lawes and Sta- tutes of our kingdomes and Dominions, to be carryed out of the said kingdomes without any lett or molestacon of vs, our heires and successors, or of any the officers of vs, our heires and successors, saveing alwayes to vs, our heires and successors, the legall impossi- tons, customes and other duties and payments for the said wares and merchandize, by any law or statute due or to be due to vs. our heires and successors. AND WEE DOE further for vs, our heires and Successors, give and grant vnto the said William Penn, his heires and assignes, free and absolute power to Divide the said Countrey. and Islands, into Townes, Hundreds and Counties, and to erect and incorporate Townes into Borroughs, and Borroughs into Citties, and to make and constitute ffaires and marketts therein, with all other convenient privileges and imunities according to the meritt of the inhabitants, and the ffittnes of the places ; & to doe all and every other thing and things touching the premises which to him or them shall seeine requisite, and meet, albeit they be such as of their owne nature might otherwise require a more especiall comandment and warrant, then in these presents is expressed. WEE WILL ALSOE, and by these presents for vs, our heires and successors, WEE doe give and grant licence by this our charter, vnto the said William Penn, his heires and assignes, and to all inhabitants and dwellers in pvince aforesaid, both present, and to come to import or vnlade by themselves or their Servants, ffactors or assignes, all merchandizes and goods whatsoever, that shall arise of the fruites and comodities of the said province, either by Land or Sea, into any of the Ports of vs,
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INTRODUCTORY
our heires and successors, in our- kingdome of England, and not into any other countrey whatsoever. And WEE give him full power to dispose of the said goods in the said ports, and if need bce, within one yeare next after the unladeing of the same, to lade the said mer- chandizes and goods again into the same or other shipps, and to export the same into any other Countreys, either of our Dominions or fforreigne. according to lawe : PROVIDED alwayes, that they pay such, customes and imposicons, subsidies and duties for the same to vs, our heires and successors, as the rest of our subiects of our king- dome of England, for the time being shall be bound to pay, and doe observe the acts of Navigation and other lawes in that belalle made. AND FURTHERMORE, of our more ample and especiall grace. cer- tain knowledge and meere motion, WEE DOE, for vs, our heires and successors, Grant vnto the said William Penn, his heires and as- signes, full and absolute power and authoritie, to make, erect and constitute within the said province, and the Istes and Isletts afore- said, such and sce many Seaports, harbours, Creeks, Havens. Keves and other places, for discharge and vnladeing of goods, & merchandize out of the shipps, boates and other vessells,and Ladeing them in such and soe many place's, and with such rights, Jurisdiccons, liberties and priviledges unto the said ports. belonging as to him or them, shall seeme most expedient, and that all and singuler the shipps, boates and other vessells, which shall come for merchandize and trade, vnto the said prince, or out of the same shall depart, shall be laden or vnladen onely att such ports as shall be erected and constituted by the said William Penn. his heires and assignes, any vse, custome or other . thing to the contrary notwithstanding : PROVIDED, that the said William Penn and his heires, and the Lieutenants and Governors for the time being, shall admitt and receive in and about all such ports, havens, Creeks and Koyes, all officers and their Deputies, who shall from time to time be appointed for that purpose, by the ffarmers or Comissioners of our customes, for the time being. AND WEE DOE further appoint and ordaine, and by these presents for vs. our heires and successors, WEE DOE grant vnto the said Wil- liam Penn, his heires and assignes, that he the said William Penn, his heires and assignes, may from time to time forever, have and enioy the customes and subsidies in the ports, harbours and other Creeks, and places aforesaid, within the pvince aforesaid, payable or due for merchandizes and wares, there to be laded and vnladed, the said customes and subsidies to be reasonably assessed, vpon any oc- casion by themselues, and the people there as aforesaid, to be assem- bled to whom WEE give power, by these presents for vs, our heires and successors, vpon just cause, and in a due pporcon, to assesse and impose the same, saveing vnto. vs, our heires and successors. such imposcons and customes as by act of parliament are and shall be appointed ; and it is our further will and pleasure, that the said William Penn, his heires and assignes, shall from time to time consti- tute and appoint an attorney or agent, to reside in or neare cur Citty of London, who shall make knowne the place where he shall dwell or may be found, vnto the Clerks of Our privy Counsell, for the time
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