Local History: Chapter VI: William Penn's Holy Experiment: Bean's 1884 History of Montgomery Co, PA Contributed for use in USGenWeb Archives by Susan Walters USGENWEB NOTICE: Printing this file by non-commercial individuals and libraries is encouraged, as long as all notices and submitter information is included. Any other use, including copying files to other sites requires permission from the submitters PRIOR to uploading to any other sites. We encourage links to the state and county table of contents. บบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบ BEAN'S HISTORY OF MONTGOMERY COUNTY, PENNSYLVANIA บบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบบ 82 (cont.) CHAPTER VI. WILLIAM PENN. - "THE HOLY EXPERIMENT, A FREE COLONY FOR ALL MANKIND." THE life, character, and purposes of William Penn, as disclosed prior to the period of his colonial enterprise, rendered him a conspicuous personage in his native land. In his minority neither royal power nor parental displeasure could swerve him from or materially modify his religious political, or social convictions of the duty. Self-poised and self-reliant, a disciple of peace and peaceful method, he was in strange contrast with the warlike spirit of the age that produced him. The young and those of maturer years may study his example and the circumstances of his, advent with manifest advantage. As the founder of Pennsylvania and the author of that system of colonial Government which prevailed previous to the institution of the commonwealth, his life and public service are a part of our common history. The impression which he left upon the laws and, the religious thought of the period, his love of personal liberty his solicitude for the education of the poor, and his abiding faith in the wisdom of the "freemen of the province" were essential factors in preparing the public for the simple yet adequate forms of self-government which he imposed in the organization of the colony. A pleasing sense of home-esteem insensibly associates itself with the memory of the illustrious man who gave to his generation characteristics that have made us Pennsylvanians in all generations since, whether at home or abroad. His boyhood was remarkable. He was born Oct. 14, 1644, in the city of London. His biographer says, "He was endowed with a good genius, and his father, Admiral and Sir William Penn, [see NOTE 6-1] improved the promising prospect which the son inherited by bestowing upon him the advantages of a liberal education. He acquired knowledge easily and rapidly, and in the fifteenth year of his age he was admitted a student in Christ's Church College, in Oxford. Prior to his admission to this institution of learning he seems to have been impressed with the religious convictions, induced by the ministery of Thomas Loe a preacher of the Friends. Imparting his views to his classmates, he found among them congenial and sympathizing spirits, who withdrew from the "national way of worship," and "held private meetings for the exercise of religion, where they preached and prayed among themselves." [NOTE 6-1: His father, Sir William Penn, was of eminent character, and served both under the Parliament and King Charles II. in several of the highest maritime offices. He was born in Bristol, anno 1621, and married Margaret, daughter of John Jasper, of Rotterdam, in Holland, merchant, by whom he had his son, William Penn. He was himself the son of Capt. Giles Penn, several years consul for the English in the Mediterranean; and of the Penns of Penn's Lodge, in the county of Wilts; and those Penns of Penn, in the county of Bucks; and by his mother from the Gilberts, in the county of Somerset, originally from Yorkshire. Provd, Hist. of Penna., vol. i.] [FINIS NOTE 6-1.] This bold innovation upon the forms of state church by the young Quakers, as they were derisively called, gave marked offense to the professors of the university, and young Penn was subjected to a fine for "non-conformity" and, later, "for his persevering in like religious practices, was expelled from the college." Young Penn returned to his home, greatly to the displeasure of his father, who regarded the expulsion of his son as a serious hindrance to the future career of wealth and influence in store for him. Still further complicating the situation, the son sought the society of the plain and sober people among the Friends, and manifested an utter disregard of and contempt for the conventional formalities to which his father was devoted, both by inclination and interest. His father sought in all proper ways to engage the confidence of the son and guide him in the way of public preferment, but all to no purpose; "for after having used both the force of persuasion upon his mind and the severity of strips upon his body without success, he at length was so far incensed against him that, in great resentment of rage, he turned him out of his house," to choose between poverty with a pure conscience or fortune and official favor with obedience. The virtue of patience, already, possessed by the son, enabled, him, to calmly wait for the hour when the petulance and anger of an appointed father would yield to the more natural feeling of parental love and affection. Results justified the expectation. The father relented, and the son was sent to France, in company with friends, who were to introduce him to persons of rank and distinction, and at the same time use all means in their power to break up the Quaker notions of the young man. While in France he applied himself to study, and acquired a knowledge of the French language. He subsequently visited Italy, and was preparing for an extended tour of the Continent when his father was placed in command of a British squadron in the naval war with Holland, in consequence of which he was obliged to return in haste and assume the care of his father's estates. The advantages of travel, and the discipline of the courtly society in which he was constrained to move gave him elegance and grace of manners, and "in London the traveled student of Lincoln's Inn, if diligent in acquiring a knowledge of English law, was also esteemed a most modish fine Gentleman." This was a critical period in the early career of William Penn. He was in the bloom of youth, of engaging manners, and "so skilled in the use of the sword that he easily disarmed an antagonist," of great natural vivacity and gay good humor, and a career of wealth and preferment waiting his acceptance through the influence of his father and the favor of his sovereign. 83 It was in 1664, when Penn was in his twentieth year, that his spiritual conflict or religious exercise of mind seems to have reached a climax. "His natural inclination, his lively and active disposition, his accomplishments, his father's favor, the respect of his friends and acquaintances did strongly press him to embrace the glory and pleasures of this world, but his earnest supplication being to the Almighty for preservation, he was in due time favored with resolution and ability to overcome all opposition and to pursue his religious prospects." It was a happy providence in the life of Penn when, in the twenty-second year of his age, his father committed to his care and management a large estate in Ireland. It withdrew him from the temptations of a great commercial centre, and gave him the freedom of a pastoral life, which quickened the spiritual sensibilities of his nature. It opened anew visions of a future, which, however obscure and uncertain, was, nevertheless, the hope of his benevolent soul. Removed from the conventional atmosphere of London, the watchful eye of parental solicitude and official favor, the struggle between conviction to self-imposed duty and obligations to friends and family became less severe, and be soon found himself in the society of his old spiritual guide and adviser, Thomas Loe, at Cork. He was in frequent attendance upon Friends' meeting in the town of Cork. Freedom of speech was indulged in, and this religious liberty, so consistent with the ideas of the Friends, was warmly espoused by the young and ardent Penn. These frequent meetings excited the hostile feelings of those in authority, and in the year 1667, Penn, with eighteen others, was arrested, and by the mayor of the city committed to prison. Upon the hearing the mayor observed that the dress of Penn was not the same as the other "Quakers," whereupon he directed that Penn should be discharged upon giving his own bond for his future good behavior. This Penn promptly refused to do, and with the others suffered imprisonment. While in jail he wrote to the Earl of Orrey, Lord President of Munster, stating his situation, declaring his innocence, and protesting against the outrage and persecution suffered by himself and friends. The earl immediately ordered his discharge from prison. Concealing with admirable tact his feelings of natural indignation, be became more than ever pronounced in his favor for the persecuted "Quakers." Those who had been his former friends now avoided him, and, as is said, "he became a by-word and the subject of scorn and contempt, both to the professor of religion and to the profane." The facts and circumstances of this episode were reported to his father, who immediately recalled him to London. The son was obedient, and manifested a profound respect for his honored and distinguished parent, but his studious deportment and deep concern of mind upon the subject of religious controversy left no room to doubt the unalterable convictions resting upon his mind. "Here my pen," says his biographer, "is diffident of her abilities to describe that most pathetic and moving contest between his father and him, -his father, by natural love, principally aiming at his son's temporal honor; he, guided by a divine impulse, having chiefly in view his own eternal welfare; his His father grieved to see the well-accomplished son of his hope, now ripe for worldly promotion, voluntarily turn his back on it; be no less afflicted to this that a compliance with his earthly father's pleasure was inconsistent with an obedience to his heavenly one; his father pressing his conformity to the customs and fashions of the times; he modestly craving leave to refrain from what would hurt his conscience; his father earnestly entreating him and, almost on his knees, beseeching him to yield to his desire; he, of a loving and tender disposition, in extreme agony of spirit to behold his father's concern and trouble; his father threatening to disinherit him; he humbly submitting to his father's will therein; his father turning his back on him in anger; he lifting his heart to God for strength to support him in that time of trial." During this memorable conflict between the passion of love and the mandates of duty, which scarcely find finds a parallel in history, the following incident occurred, which fully attested the sincerity of the son, no less than the commanding character of the parent: "His father finding him too fixed to be brought to a general compliance with the customary compliments of the times, seemed willing to bear with him in other respects, provided lie would be uncovered in the presence of the king, the duke, and himself. This being proposed, the son desired time to consider it. This the father supposed to be an excuse to find time to consult with his Quaker friends; to prevent this he directed him to retire to his chamber and there remain until he should answer. Accordingly he withdrew, and having humbled himself before God, with fasting and supplication, he became so strengthened in his resolution that, returning to his father, be humbly signified that be could not comply with his desire therein." All efforts to reach a compromising line of conduct between the haughty and commanding father and the remarkable son proved unavailing, and again the latter was "turned out of doors, having no substance except what his mother privately sent him." While Admiral Penn keenly felt the disappointment resulting from the conduct of his only son, he seems to have been duly impressed with his perseverance and integrity of purpose, and in a few months thereafter, in deference to the wise and loving wife and mother, the son was permitted to return and remain at home; and when he was subsequently imprisoned, the father privately used his influence for his liberation. 84 PICTURE OF WILLIAM PENN AT AN EARLY AGE APPEARS HERE. William Penn was now in his twenty-fourth year and fearless in the advocacy of the principles he cherished; as a public speaker and author, be announced to princes, priests, and people that "he [Bandroft's Hist. U.S., vol. i, p.114.] was one of the despised, afflicted, and forsaken Quakers, and repairing to court with his hat on, be sought to engage the Duke of Buckingham in favor of liberty of conscience, claimed from those in authority better quarters for Dissenters than stocks and whips and dungeons and banishments, and was urging the cause of freedom with importunity, when be himself, in the heyday of youth, was consigned to a long and close imprisonment in the Tower. His offense was heresy; the Bishop of London menaced him with imprisonment for life unless he would recant. 'My prison shall be my grave,' answered Penn. The kind-hearted Charles II. sent the humane and candid Stillingfleet to calm the young enthusiast. 'The Tower,' such was Penn's message to the king, 'is to me the worst argument in the world.' In vain did Stillingfleet urge the motive of royal favor and preferment; the inflexible young man demanded freedom of Arlington, 'as the natural privilege of an Englishman.' Club-law, he argued with the minister, may make hypocrites; it can never make converts. Conscience needs no mark of public allowance. It is not like a bale of goods that is to be forfeited unless it has the stamp of the custom-house. After losing his freedom for about nine months, his prison-door was opened by the intercession of his father, friend, the Duke of York; for his constancy had commanded the respect and recovered the favor of his father. The Quakers, exposed to judicial tyranny, were led by the sentiment of humanity to find a barrier against their oppressors by narrowing the application of the common law and restricting the right of judgment to the jury. Scarcely had Penn been at liberty a year when, after the intense intolerance of 'the Conventicle Act,' he was arraigned for having spoken at a Quaker meeting. 'Not all the powers on earth shall divert us from meeting to adore our God who made us.' Thus did the young man of five-and-twenty defy the English Legislature, and be demanded on what law the indictment was founded. 'On the common law,' answered the recorder. 'Where is that law?' demanded Penn. 'The law which is not in being, far from being common, is no law at all.' Amidst angry exclamations and menaces be proceeded to plead earnestly for the fundamental laws of England, and as he was hurried out of court still reminded the jury that 'they were his judges.' Dissatisfied with the first verdict returned, the recorder heaped upon the jury every opprobrious epithet. 'We will have a verdict, by the help of God, or you shall starve for it!' 'You are Englishmen,' said Penn, who had been again brought to the bar, 'mind your privilege, give not away your right.' 'It never will be well with us,' said the recorder, 'till something like the Spanish Inquisition be in England.' At last the jury, who had received no refreshment for two days and two nights, on the third day gave their verdict, 'Not guilty.' The recorder fined them forty marks apiece for their independence, and amercing Penn for contempt of court, sent him back to prison." The trial was an era in judicial history. The fines were soon afterwards discharged by his father, who was now approaching his end. "Son William," said the dying admiral, "if you and your friends keep to your plain way of preaching and living you will make an end of the priests." Inheriting a large fortune, he continued to defend publicly from the press the principles of intellectual liberty and moral equality; he remonstrated in unmeasured terms against the bigotry and intolerance, "the hellish darkness and debauchery" of the University of Oxford; he exposed the errors of the Roman Catholic Church, and in the same breath pleaded for a toleration of their worship; and never fearing openly to address in Quaker meeting, be was soon on the road to Newgate, to suffer for his honesty by a six months' imprisonment. "You are an ingenious gentleman," said the magistrate at the trial, "you have a plentiful estate, why should you render yourself unhappy by associating with such a simple people?" "I prefer," said Penn, "the honestly simple to the ingeniously wicked." The magistrate rejoined by charging Penn with previous immoralities. The young man, with passionate vehemence, vindicated the spotlessness of his life. "I speak this," he adds, "to God's glory, who has ever preserved me from the power of these pollutions, and who from a child begot a hatred in me towards them. Thy words shall be thy burden. I trample thy slander as dirt under my feet!" From Newgate Penn addressed Parliament and the nation in the noblest plea for liberty of conscience, a liberty which he defended by arguments drawn from experience from religion, and from reason. If the efforts of the Quakers cannot obtain "the olive-branch of toleration, we bless the providence of God, resolving by patience to outweary persecution, and by our constant suffering, to obtain a victory more glorious than our adversaries can achieve by their cruelties." On his release from imprisonment a calmer season followed. Penn traveled in Holland and Germany, then returning to England, be married a woman of extraordinary beauty and sweetness of temper, whose noble spirit "chose him before many suitors," and honored him with "a deep and upright love." As persecution in England was suspended, he enjoyed for two years the delights of rural life and the animating pursuit of letters, till the storm was renewed, and the imprisonment of George Fox on his return from America demanded intercession. What need of narrating the severities which, like a slow poison, brought the prisoner to the borders of the grave? Why enumerate the atrocities of petty tyrants invested with village magistracies, the ferocious passions of irresponsible jailers? 85 The statute book of England contains the clearest impress of the bigotry which a national church could foster and a parliament avow; and Penn, in considering England's present interest, far from resting his appeal on the sentiment of mercy, merited the highest honors of a statesman by the profound sagacity and unbiased judgment with which he unfolded the question of the rights of conscience in its connection with the peace and happiness of the state. It was this love of freedom of conscience which gave interest to his exertions for New Jersey. The summer and autumn after the first considerable Quaker emigration to the eastern bank of the Delaware, George Fox and William Penn and Robert Barclay, with others, embarked for Holland to evangelize the continent, and Barclay and Penn went to and fro in Germany, from the Weser to the Main, the Rhine and the Neckar, distributing tracts, discoursing with men of every sect and every rank, preaching in palaces and among the peasants, rebuking every attempt to enthrall the mind, and sending reproofs to kings and magistrates, to the princes and lawyers of all Christendom. The soul of William Penn was transported into fervors of devotion, and in the ecstasies of enthusiasm he explained "the universal principle" at Herford, in the court of the Princess Palatine, and to the few Quaker converts among the peasantry of Kirchheim. To the peasantry of the highlands near Worms the visit of William Penn was an event never to be forgotten. The opportunity of observing the aristocratic institutions of Holland and the free commercial cities of Germany was valuable to a statesman. On his return to England the new sufferings of the Quaker's excited a direct appeal to the English Parliament. The special law against papists was turned against the Quakers. Penn explained the difference between his society and the papists, and yet, at a season when Protestant bigotry was become a frenzy, be appeared before a committee of the House of Common State plead for universal liberty of conscience. "We must give the liberty we ask," -such was the sublime language of the Quakers,- "we cannot be false to our principles though it were to relieve ourselves, for we would have none to suffer for dissent on any hand." William Penn was an enthusiast with a benevolent heart; he despised the profligacy of the church that united the unholy offices of a subtle priestcraft, with the despotic power of a warlike state. His study of English law intensified his love of tolerance and inspired him with the hope of liberalizing the government that had persecuted him; as late as 1679 he took a prominent part in the elections for that year. He was a persuasive speaker, and met with generous receptions in a canvass made especially in the interest of Algernon Sydney, who, he said, was now "embarked with those that did seek, love, and choose the best things." He grew eloquent before the electors of England, invoking them to a consciousness of their own strength and authority. "Your well-being," he said, "depends upon your preservation of your rights in the government. You are free! God and nature and the constitution have made you trustees for posterity. Choose men who will by all just ways firmly keep and zealously promote your power." But the truly Christian patriot was doomed to bitter disappointment when confronted with the defeat of his favorite and the popular will by false and perverted election returns. It was in this discouraging period of his noble manhood that he conceived of the "Holy Experiment" and a "free colony for all mankind." The possibilities of the North American continent, and especially that portion watered by the Delaware [See NOTE 6-2.] [NOTE 6-2: But the Proprietors of Western New Jersey being of the people called Quakers, their part of the province consequently, through their Influence, became settled principally by the same kind of people; but to prevent any of their religious society from rashly or Inadvertently removing into this new country, or without due consideration, and contrary to the mind of their parents and nearest relatives, three of the principal persons among the Proprietors, viz., W. Penn, G. Lawrie, and N. Lucas, wrote an epistle of caution to their friends, the Quakers, which, as it further shows their rights to this part of the province, the care of that people over one another at that time, and their concern for an orderly settlement in it, that none might be deceived and have occasion to repent of such an important undertaking, is not unworthy of the perusal of the posterity and descendants of those early adventurers, settlers, and cultivators of the country. The epistle was as follows, viz.: "DEAR FRIENDS AND BRETHREN: In the pure love and precious fellowship of our Lord Jesus Christ we very dearly salute you, forasmuch as there was a paper printed several months ago, entitled 'The description of New-West Jersey, in which our names were mentioned, as Trustees for one undivided moiety of the said province and because it is alleged that some, partly on this account, and others apprehending that the paper, by the manner of its expression, came from the body of Friends as a religious society of people, and not from particulars, brave, through these mistakes, weakly concluded that the said description, in matter and form, might be writ, printed, and recommended on purpose to prompt and allure people to dissettle and plant themselves, as it is also by some alleged, and because we are informed that several have, on that account, taken encouragement and resolution to transplant themselves and rear families to that province; and lest any of them (as is feared by some) should go out of a curious and unsettled mind, and others to shun the testimony of the blessed Cross of Jesus, of which several weighty friends have a godly jealousy upon their spirits, lest an unwarrantable forwardness should act or hurry any beside or beyond the wisdom or counsel of the Lord, or the freedom of his light and spirit in their own hearts, and not upon good and weighty grounds; it truly laid upon us to let friends know how the matter stands, which we shall endeavor to do with all clearness and fidelity. "1. That there is such a place as New Jersey is certain. "2. That It is reputed of those who have lived and traveled in that country to be wholesome of air and fruitful of soil, and capable of sea trade, Is also certain, and it is not right in any to despise It or dissuade those that find freedom from the Lord and necessity put upon them on going. "3. That the Duke of York sold it to those called Lord Berkeley, Baron of Stratton, and Sir George Carteret, equally to be divided between them, is also certain. "4. One moiety, or half part, or the said province, being the right of the Lord Berkeley, was sold by him to John Fenwicke, in trust for Edward Byllinge and his assigns. "5. For as much as Edward Billings (after William Penn had ended the difference between E. Byllinge and J. Fenwicke) was willing to present his interest in the said province to his creditors, as all that he had left him, towards their satisfaction, he desired W. Penn (though every way unconcerned and Gawen Lawrie and Nicholas Lucas, two of his creditors, to be trustees for performance of the same, and because several of his creditors particularly and very importunately pressed W. Penn to accept of the trust, for their sakes and security we did all of us comply with these and the like requests and accepted of the trust. 86 "6. Upon this we became trustees for one moiety of the said province, yet undivided, and after no longer labor, trouble, and costa division was obtained between the said Sir George Carteret and us, as trustees; the country Is situated and bounded as is expressed in the printed description. "7. This now divided moiety is to be cast into one hundred parts, lots, or proprietaries, ten of which, upon the agreement made betwixt E. Bellinge and J. Fenwick, his executors and assigns, with a considerable sum of money by way of satisfaction, for what he became concerned in the purchase from the said Lord Berkeley, and by him afterwards conveyed to John Edridge and Edmond Warner, their heirs and assigns. "8. The ninety parts remaining are exposed to sale, on behalf of the creditors of the said Edward Byllinge. And forasmuch several friends are, concerned as creditors, as well as others, and the disposal of so, great a part of this country being in our hands, we did in real tenderness and regard to friends, and especially to the poor and necessitous, make friends the first offer; that if any of them, though particularly those, who being low in the world, and under trials about a comfortable livelihood for themselves and families, should be desirous of dealing for any part or parcel thereof, that they might have the refusal. "9. This was the real and honest intent of our hearts, and not to prompt or allure any out of their places, either by the credit our names might have with our people throughout the nation, or by representing the thing otherwise than it is in itself. "As to the printed paper, some time since set forth by the creditors as a description of that province, we say, as to two passages in it, they are not so clearly and safely worded as ought to have been; particularly In seeming to hint, the Winter season to be so short a time; when, on further information, we hear it is sometimes longer, and sometimes shorter, than therein expressed; and that the last clause, relating to liberty of conscience, we would not have any to think that it is promised or intended to maintain the liberty of the exercise of religion by force of arms, though we shall never consent to any the least violence on conscience; yet it was never designed to encourage any to expect by force of arms to have liberty of conscience fenced against invaders thereof. "And be it known unto you all in the name and fear of Almighty God, his Glory and Honor, Power and Wisdom, Truth and Kingdom, is dearer to us than all visible things; and as our eye has been single, and our hearts sincere In the living God in this as in other things, so we desire all, whom it may concern, that all groundless jealousies may be judged down, and watched against; and that all extremes may be avoided, on all hands, by the power of the Lord; that nothing which hurts, or grieves the holy life of truth In any that goes or stays, may be adhered to, nor any provocation given to break precious unity. "This am I, William Penn, moved of the Lord to write unto you, lest any bring a temptation upon themselves or others; and, in offending the Lord, slay their own peace. Blessed are they that can see and behold them their Leader, their Orderer, their Conductor, and Preserver in going and staying; whose is the earth and the fullness thereof, and the cattle upon a thousand hills; and, as we formerly writ, we cannot but repeat our request unto you that, in whomsoever a desire is to be concerned in this intended plantation, such would weigh the thing before the Lord, and not readily or rashly conclude on any such remove; and that they do not offer violence to the tender love of their near kindred and relations, but soberly and conscientiously endeavor to obtain their good wills; the unity of friends where they live, that whether they go or stay it may be of good favor before the Lord and good people, from whom only can all heavenly and earthly blessings come. "This we thought good to write for the preventing all misunderstand and to declare the real truth of the matter, and so we recommend you all to the Lord, who is the watchman of his Israel. We are your real friends and brethren. "WILLIAM PENN, "GAWEN LAWRIE, "NICHOLAS LUCAS" [FINIS NOTE 6-2.] and its confluents, were well known to him and his associates, resulting in some measure from his official connection with the settlement of "West New Jersey" and the division of that province in the year 1676. [See NOTE 6-3.] No preparation could have more thoroughly fitted Penn, for the subsequent work of his life than his experience up to 1680-81. Checkmated and repulsed in his efforts of reform by the brutal element [NOTE 6-3.] In 1675, when life disgust with European society and his conscious uses of the impossibility to effect radical reform there had been confirmed. And deepened, Penn became permanently identified with American colonial affairs, and was put in the beat possible position for acquiring a full and accurate knowledge of the resources and possibilities of the country between the Susquehanna and the Hudson. This, which Mr. Janney calls an instance in which Divine Providence seemed to open for him a field of labors to which be was eminently adapted, arose out of the fact of his being chosen as arbitrator in the disputes growing out of the partition of the West Jersey lands. As had already been stated, on March 12,1664, King Charles II. granted to his brother James, Duke of York and Albany, a patent for all the lands in New England from the St. Croix River to the Delaware. This patent, was meant to lead directly up to the overthrow of the Dutch power in New Netherland. And was probably also intended no less as a hostile demonstration against the New England Puritan colonies, which both the brothers hated cordially. And which latterly had grown so independent and had so nearly established their own autonomy as to provoke more than one charge that they sought presently to abandon all allegiance due from them to the mother-country. At any rate, the New England colonies at once attempted to organize themselves into a confederacy for purposes of mutual defense against the Indians and Canadian French, as was alleged, but for divers other and weighty reasons, as many colonists did not hesitate to proclaim. The Duke of York secured New York, Pennsylvania and Delaware to himself as his own private possessions. That part of New Netherland lying between the Hudson and the Delaware Rivers was forthwith (in 1664, before Nicolls sailed from Portsmouth to take New York) conveyed by the duke, by deeds of lease and release, to John Lord Berkeley and Sir George Carteret. The latter being governor of the Channel Islands at the time, the now colony was called New Jersey, or rather Nova Caesarea, in the original grant. In 1675, Lord Berkeley sold for one thousand pounds his undivided half share in New Jersey to John Fenwick, in trust for Edward Billinge and his assigns. Fenwick and Billinge were both Quakers, and Billinge fell bankrupt. Not long after this conveyance Fenwick and Billinge fell out about the property, and, after the custom of the Friends, the dispute was submitted to arbitration. The disputants fixed upon William Penn as arbitrator. When he made his award, Fenwick was not satisfied and refused to abide by Penn's decision, which, indeed, gave Fenwick only a tenth of Lord Berkeley's share in the joint tenancy, reserving the remaining nine-tenth to Billinge, but giving Fenwick a money payment besides. Penn was offended at Fenwick's recalcitrancy, and wrote him some sharp letters. "Thy days spend on," he said, "and make the best of what thou hast. Thy grandchildren may be in the other world before the land thou hast allotted will be employed." Penn stuck to his decision, and, for that matter, Fenwick likewise maintained his grievance. He sailed for the Delaware at the head of a colony, landed at Salem, N. J., and commenced a settlement. Here he carried matters with such a high hand, patenting land, distributing office, etc., that he made great trouble for himself and others also. His authority was not recognized, and for several years the name of Maj. John Fenwick fills a large place in the court records of Upland and New York, where he was frequently imprisoned and sued for damages by many injured persons. Billinge's business embarrassments increasing, he made over his interest in the territory to his creditors, appointing Penn, with Gawen Lawrie, of London, and Nicholas Lucas, of Hertford, two of the creditors, as trustees in the matter. The plan was not to sell, but improve the property for the benefit of the creditors. To this end a partition of the province was made, a line being drawn through Little Egg Harbor to a point where Port Jervis now is. The part of the province on the right of this line, called East New Jersey, the most settled portion of the territory, was assigned to Carteret. That on the left, West New Jersey, was deeded to Billings's trustees. A form of government was at once established for West Jersey, in which Penn's hand is distinctly seen. The basis was liberty of person and conscience, "the power in the people," local self-government, and amelioration of the criminal code. The territory was next divided into one hundred parts, ten being assigned to Fenwick and ninety to Billinge's trustees, and the land was opened for sale and occupancy, being extensively advertised and 87 particularly recommended to Friends. In 1677 and 1678 five vessels sailed for West New Jersey, with eight hundred emigrants, nearly all Quakers. Two companies of these, one from Yorkshire, the other from London, bought large tracts of lard, and sent out commissioners to quit Indian titles and lay off the properties. At Chygoes Island they located a town, first called Beverly, then Birdlington, then Burlington. There was a regular treaty with the Indians, and the Friends not only secured peace for themselves, but paved the way for the pacific relations so firmly scaled by Penn's subsequent negotiations with the savages. The Burlington colony prospered, and was reinforced by new colonists continually arriving in considerable numbers. In 168O, Penn, as counsel for the trustees of West Jersey, succeeded, by means of a vigorous and able remonstrance, in getting the Duke of York, then proprietary of New York, to remove an onerous tax on imports and exports imposed by the Governor of New York and collected at the Horekill. The next year Penn became part proprietor of East New Jersey, which was sold under the will of Sir George Carteret, then deceased, to pay his debts. A board of twenty four proprietaries was organized, Penn being one, and to them the Duke of York made a fresh grant of East New Jersey, dated March 14, 1682, Robert Barclay becoming Governor, while Penn's friend Billinge was made Governor of West New Jersey. Both of these governments were surrendered to the crown in Queen Anne's reign, April 15, 1702. [FINIS NOTE 6-3.] always conspicuous in British politics, he accepted the consequences of defeat, and faced the religious bigotry and tyrannical statecraft of the period with manly courage and unbroken will; thenceforth, despairing of success in his native land, he addressed his energies to the establishment of a free government in the New World. England's unfriendly historians have never borne willing testimony to the merits of the distinguished colonist who left her shores under the favor of Charles II. in 1682, but it is in pleasing contrast to know that American commentators pay deserved tribute to the founder of the Keystone State, and among them none more truthfully and impartially than Bancroft. "Possessing an extraordinary greatness of mind, vast conceptions remarkable for their universality and precision, and surpassing in speculative endowments, conversant with men and books and governments, with various languages, and terms of political combinations as they existed in England France, in Holland and the principalities and free cities of Germany, he yet sought the source of wisdom in his own soul. "Humane by nature and by suffering, familiar with the royal family, intimate with Sunderland and Sydney, acquainted with Russell, Halifax, Shaftesbury, and Buckingham, as a member of the Royal Society the peer of Newton and the great scholars of his age, he valued the promptings of a free mind above the awards of the learned, and reverenced the single-minded sincerity of the Nottingham shepherd more than the authority of colleges and the wisdom of philosophers; and now, being in the meridian of life, but a year older than was Locke when, twelve years before, he had framed a constitution for Carolina, the Quaker legislator was come to the New World to lay the foundations of States. Would he imitate the valued system of the great philosopher? "Locke, like William Penn, was tolerant; both loved freedom, both cherished truth in sincerity. But Locke kindled the torch of liberty at the fires of tradition; Penn, at the living light in the soul. Locke sought truth through the senses and the outward world; Penn looked inward to the divine revelations in every mind. Locke compared the soul to a sheet of white paper, just as Hobbes had compared it to a slate, on which time and chance might scrawl their experience; to Penn the soul was an organ, which of itself instinctively breathes divine harmonies, like those musical instruments which are so curiously and perfectly framed that, when once set in motion, they of themselves give forth all the melodies designed by the artists who made them. "To Locke 'conscience is nothing else than our own opinions of our own actions;' to Penn it is the image of God, and his oracle in the soul. Locke, who was never a father, esteemed the duty of parents to preserve their children not to be understood without reward and punishment; Penn loved his children with not a thought for the consequences. Locke, who was never married, declares marriage an affair of the senses; Penn reverenced woman as the object of fervent, inward affection, made not for lust, but for love. "In studying the understanding, Locke begins with the sources of knowledge; Penn, with an inventory of our intellectual treasures. Locke deduces government from Noah and Adam, rests it upon contract, and announces its end to be the security of property; Penn, far from going back to Adam, or even to Noah, declares that 'there must be a people before a government,' and, deducing the right to institute government from man's moral nature, seeks its fundamental rules in the immutable dictates 'of universal reason,' its end in freedom and happiness. "The system of Locke lends itself to contending factions of the most opposite interests and purposes; the doctrine of Fox and Penn, being but the common creed of humanity, forbids division, and insures the highest moral unity. "To Locke happiness is pleasure; things are good and evil only in reference to pleasure and pain, and to 'inquire after the highest good is as absurd as to dispute whether the best relish be in 'apples, plums, or nuts.' Penn esteemed happiness to lie in the subjection of the baser instincts to the instinct of Deity in the breast, good and evil to be eternally and always as unlike as truth and food, and the inquiry after the highest good to involve the purpose of existence. "Locke says plainly that, but for rewards and punishments beyond the grave, it is certainly right to eat and drink and enjoy what we delight in; Penn, like Plato and Fenelon, maintained the doctrine so terrible to despots that God is to be loved for His own sake, and virtue to be practiced for its intrinsic loveliness. "Locke derives the idea of infinity from the senses, describes it as purely negative, and attributes it to nothing but space, duration, and number; Penn derived the idea from the soul, and ascribed it to truth and virtue and God. Locke declares immortality a matter with which rea- 88 son has nothing to do, and that revealed truth must be sustained by outward signs and visible acts of power; Penn saw truth by its own light, and summoned the soul to bear witness to its own glory. "Locke believed not so many men in wrong opinions as is commonly supposed, because the greatest part have no opinions at all, and do riot know what they contend for; Penn likewise vindicated the many, but it was because truth is the common inheritance of the race. "Locke, in his love of tolerance, inveighed against the methods of persecution as 'popish practices;' Penn censured no sect, but condemned bigotry of all sorts as inhuman. "Locke, as an American law-giver, dreaded a too numerous democracy, and resolved all power to wealth and the feudal proprietaries; Penn believed that God is in every conscience, His light in every soul; and therefore he built -such are his own words -'a free colony for all mankind.'" This is the praise of William Penn, that in an age which had seen a popular revolution shipwreck popular liberty among selfish factions, which had seen Hugh Peter and Henry Vane perish by the hangman's cord and the axe; in an age when Sydney nourished the pride of patriotism rather than the sentiment of philanthropy, when Russell stood for the liberties of his order, and not for new enfranchisements, when Harrington and Shaftesbury and Locke thought government should rest on property, PICTURE OF PENN FAMILY ARMS APPEARS HERE Penn did not despair of humanity, and, though all history and experience denied the sovereignty of the people, dared to cherish the noble idea of a man's capacity for self-government. Conscious that there was no room for its exercise in England, the pure enthusiast, like Calvin and Descartes, a voluntary exile, was come to the banks of the Delaware to institute 'The Holy Experiment.;' Upon the death of his father, William Penn fell heir to estates in England and Ireland, with an income of fifteen hundred pounds a year. The government was debtor to the estate of Admiral Penn for money loaned, amounting to fifteen thousand pounds. Charles II. was not blessed with an excessive exchequer, nor did William Penn press for payment of the claim in money. This indebtedness was an available basis for the colonial enterprise which he was projecting, and he therefore proposed to the king to grant him a tract of land in America, situated between the country held under grants to the Duke of York and Lord Baltimore, or between Maryland and the Delaware River. Penn's negotiations were successful, not, however, without great effort upon his part, as his enterprise was considered utopian by influential members of the government, and looked upon with distrust by the agents and proprietaries of the Duke of York and Lord Baltimore. William Penn and his confidential advisers and coadjutors, prepared the draft of charter, which was submitted to the scrutiny of both state and church authorities. Sir William Jones, attorney-general of the realm, the Lords of Trade, and the Bishop of London all passed upon the form and substance of the grant. It was finally signed by the king on March 4, 1681. (This historical paper is well preserved to this day, and may be seen by visiting the State Department at Harrisburg.) [See NOTE 6-4.] 89 The name of the new colony seems to have been left blank in the original draft of the charter; this was consistent with the modesty of Penn and his deferential disposition towards his royal friend, whose favor he evidently sought with extraordinary zeal and judgment. King Charles filled the blank and called the projected colony Pennsylvania, in honor of Sir William and Admiral Penn. It is said that William Penn objected to the name, and offered a tempting fee to the Under Secretary of Colonial Affairs to change it to New Wales, and upon refusal protested that he had no vanity or family pride to gratify in the matter, "but it is a just and clear thing and my God that has given it to through many difficulties will I believe, bless, and make it the seed of a nation." [NOTE 6-4. Most original spelling retained.] 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, whom 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 commodities 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 Societie and Christian Religion hath humblely besought leave of us to transport an ample colonie unto a certain Countrey hereinafter described in the partes of America not yet cultivated and planted. And hath likewise humbly besought our Royall majestie 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. KNOW YEE, therefore, that wee, favouring the petition and good purpose of the said William Penn, and having regard to the memorie, and meritts of his late father, in divers services, and particulerly to his conduct, courage and discretion under our dearest brother, James Duke of Yorke, in that signall battell and victorie, fought and obteyned against the Dutch fleete, commanded by the Herr Van Opdam, in the year One thousand six hundred sixtie five, in consideration thereof of our specia. grace, certaine knowledge and meere motion, Have given and granted, and by this our present Charter, for us, our heirs and successors, Doe give and grant unto the said William Penn, his heires and assignes all that tract or part 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, Northward of New Castle Towne unto the three and fortieth degree of Northern latitude if the said River doeth extend so farre Northwards; But if the said River shall not extend so far Northward, then by the said River soe farr as it doth extend and from the head of the said River the Eastern bounds are too be determined by a meridian line, to bee drawn from the head of the said River unto 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 drawn at twelve miles, distance from New Castle Northwards, and Westwards unto the beginning of the fortieth degree of Northerne Latitude; and then by a straight line Westwards, to, the limitt of Longitude above menconed. WEE DOE also give and grant unto the said William Penn, his heires and assignes, the free and undisturbed use, and continuance in and passage into and out of all and singular Ports, harbours, Bayes, waters, rivers, Isles and Inletts, belonging unto or leading to and from the Countrey, or Islands aforesaid; and all the soyle, lands, fields, woods, underwoods, mountaines, hills, fenns, 89 Isles, Lakes, Rivers, waters, rivuletts, Bays and Inletts, situate or being within or belonging unto the Limitts and Bounds aforesaid together 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 also all veines, mines and quarries, as well discovered as not discovered, of Gold, Silver Gemms and pretious stones, and all other whatsoever, 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 DOE, by this our Royal Charter, for us, our heires and successors, make, create and constitute the true and absolute proprietaries of the Countrey aforesaid, and of all other, the premises, saving always to us, 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 alsoe unto us, our heires and Successors, the Sovreignity of the aforesaid Countrey, TO HAVE, hold and possess and enjoy the said tract of land, Countrey, Isles, Inlets and other the premises, unto the said William Penn, his heires and assignes, to the only proper use and behoofe of the said William Penn, his heirs and assignes forever. To bee holden of us, our heires and Successors, Kings of England, as of our Castle of Windsor, in our County of Berks, in free and common socage by fealty only for all services, and not in Capite or by Knights service, Yielding had paying therefore 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 wee doe hereby Erect the aforesaid Countrey and Islands, into a province and Seigniorie, and do 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, wisdome, Justice and provident circumspeccon of the said William Penn, for us, our heires and successors, Doe grant free, full and absolute power, by virtue of these presents to him and his heirs, and to his and their Deputies, and Lieutenants, 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 public use of the said province, or for any other end apperteyning either unto the publick state peace, or safety of the said Country, or unto the private utility of particular persons, according unto 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. WE WILL, that the said William Penn, and his heires shall assemble in such sort forme as to him and them shall seeme best, and the same lawes duely to execute unto, and upon all people within the said Countrey and limitts thereof; and WEE doo 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, magistrates and officers whatsoever, for what causes soever, for the probates of wills and for the granting of administracons within the precincts aforesaid, and with what power soever, and in such forme as to the 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 committed 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 unto the complete establishment of Justice unto Courts and Tribunalls, 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 pleas and determine in all the said Courts and Tribunalls, all accons, suits and causes whatsoever, as well criminall as civil, personall, reall and mixt, which Lawes so as aforesaid, to be published. Our pleasure is, and soe Wee enjoyne require and command shall bee most absolute and avaylable in law, and that all the Liege people and Subjects of us, our heires and successors, doe observe and keepe the same inviolable in those partes, soo farr as they concerne them, under the paine therein expressed, or to bee expressed. Provided; Nevertheless, 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 Kingdome of England, and saveing and reserving to us, our heires and successors, the receiving, hearing 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, whereunto 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 upon 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 us, our heires and successors, Doe grant unto the said William Penn, and his heires, by themselves or by their magistrates end officers, In that behalfe, duly to bee ordeyned as aforesaid, to make and constitute, fitt and wholesome ordinances 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 inviolably within the said Province, under paines, therein to be 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 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 in their life, members, freehold, goods or Chattells; and our further will and pleasure is, that the Lawes for regulating 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, until 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 subjects, In our Dominions and Territories, always owe unto us 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 virtue of any such powers. Our further will and pleasure is, that a transcript or Duplicate of all lawes which shall bee soe as aforesaid, made and published within the said province, shall within five years after the makeing thereof, be transmitted and delivered to the privy Councell, for the time being, of us, our heires and successors; and If any of the said Laws within the space of six moneths, after that they shall be soe transmitted and delivered, be declared by us, our heires and successors in our or their privy Councell, inconsistent with the sovereignity or lawfull prerogative of us, 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 province; and that thereupon any of the said Lawes shall bee adjudged and declare to bee void by us, our heires or successors, under our or their Privy Seale, that then, and from thenceforth such Lawes concerning which such Judgement and declaracon shall bee made, shall become voyd, otherwise the said lawes soe, transmitted, shall remaine and stand in full force according to the true intent and meaneing thereof. Furthermore, that this new Colony may the more happily increase, by the multitude of people resorting thither: THEREFORE, WEE, for us, our heires and successors, doe give and grant by these presents, power, licence and libertie unto all the liege people and subjects, both present and future 90 of us, our heires and successors, excepting those who shall bee especially forbidden, to transport themselves and families unto the said Countrey, with such convenient shipping, as by the lawes of this our kingdome of England, they ought to use with fitting provisions paying only the customs therefore due, and there to settle themselves, dwell and inhabitt and plant for the publick and their own private advantage; AND FURTHERMORE, that our subjects may bee the rather encouraged to undertake this expedicon with ready and cheerful mindes. KNOW YEE that wee of our especial grace certaine knowledge and meere mocon, Doe give and grant by virtue of these presents, as well unto the said William Penn and his heires, as to all others who shall from time to time repaire unto 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 us, 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 necessary for food and clothing, not prohibited by the lawes and Statutes of our kingdomes and Dominions, to be carried out of the said kingdomes without any lett or molestacon of us, our heires and successors, or of any the officers of us, our heires and successors, saveing alwayes to us, our heires and successors, the legall impositions, customes and other duties and payments for the said wares and merchandize, by any law or statute due or to be due to us, our heires and successors. AND WEE DOE further for us, our heires and Successors, give and grant unto the said William Penn, his heires and and assignes, free and absolute power to Divide the said Country, and Islands, into Townes, Hundreds and Counties, and to erect and incorporate Townes into Burroughs, and Borroughs into Citties, and to make and constitute ffaires and marketts therein, with all other convenient privileges and immunities 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 seeme requisite, and meet, albeit they be such as of their owne nature might otherwise require a more espectiall commandment and warrant, than in these presents Is expressed. WEE WILL ALSOE, and by these presents for us, our heires and successors, WEE doe give and grant licence by this our charter, unto the said William Penn, his heires and assignes, and to all the inhabitants and dwellers in pvincee aforesaid, both present, and to come to Import or unlade by themselves or their Servants, ffactors or assignes, all merchandizes and goods whatsoever, that shall arise of the fruits and comodities of the said province, either by Land or Sea, into any of the Ports of us, 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 bee, within one yeare next after the unladeing of the same, to lade the said marchandises and goods again into the same or other shipps, and to export the same into any other Countreys, either of our Dominions or fforeigne, according to lawe: PROVIDED always, that they pay such, customs and imposicons, subsidies and duties for the same to us, our heires and successors, as the rest of our subjects of our kingdome of England, for the time being shall be bound to pay, and doe observe the acts of Navigation and other lawes in that behalfe made. AND FURTHERMORE, of our more ample and especiall grace, certain knowledge and meere motion, WEE DOE, for us, our heires and successors, Grant unto the said William Penn, his heires and assignes, full and absolute power and authoritie, to make, erect and constitute within the said province, and the Isles and Isletts aforesaid, such and soe many Seaports, harbours, Creeks, Havens, Keys and other places, for discharge and unladeing of goods, & merchandize out of the shipps, boates and other vessells, and Ladeing them in such and soe many places, and with such rights, Jurisdiccons, liberties and privileges unto the said ports, belonging as to him or them shall seeme most expedient, and that all and singular the shipps, boates and other vessells which shall come for merchandize and trade unto the said province, or out of the same shall departe, shall be laden or unladen onely att such ports as shall be erected and constituted by the said William Penn, his heires and assignes, any use, 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 Keyes, alI officers and their Deputies, who shall from time to time be appointed for that purpose, by the ffarmers or Commissioners of our customs, for the time being. AND WEE DOE further appoint and ordaine, and by these presents for us, our heires and successors, WEE DOE grant unto the said William Penn, his heires and assignes, that he the said William Penn, his heires and assignes, may from time to time forever, have and enjoy the custome and subsidies in the ports, harbors and other Creeks, and places aforesaid, within the province aforesaid, payable or due for merchandizes and wares, there to be laded and unladed, the said customes and subsidies to be reasonably assessed, upon any occasion by themselves, and the people there as aforesaid, to be assembled to whom WEE give power, by these presents for us, our heires and successors, upon just cause, and in a due pporcon, to assess and impose the same, saveing unto us, 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 constitute and appoint an attorney or agent, to reside in or neare our Citty of London, who shall make knowne the place where he shall dwell or may be found, unto the Clerks of Our privy Counsell, for the time being, or one of them, and shall be ready to appeare in any of our Courts att Westminster, to answer for any misdemeanors that shall be comitted, or by any wilfull default or neglect pmitted by the said William Penn, his heires or assignes, against our Lawes of Trade or Navigacon and after it shall be ascertained in any of our said Courts, what damages WEE or our heires or successors shall have sustained, by such default or neglect, the said William Penn, his heires and assignes, shall pay the same within one yeare after such taxacon and demand thereof, from such attorney, or in case there shall be noe such attorney, by the space of one yeare, or such attorney shall not make payment of such damages, within the space of one yeare, and answer such other forfeitures and penalties within the said time, as by the acts of parliament in England, are or shall be pvided according to the true intent and meaning of these presents; Then it shall be lawfule for us, our heires and successors, to seize and Resume the government of the said pvince or Countrey, and the same to retaine untill payment shall be made thereof. But notwithstanding 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 the adventurers, Planters or owners, other than the respective offenders there, shall be any way affected or molested thereby: PROVIDED alwayes, and our will and pleasure is that neither the said William Penn, nor his heires, nor any other of the inhabitants of the said pvince, shall at any time hereafter have or maintain any correspondence with any other king, prince or State, or with any of their subjects, who shall then be in warr against us, our heires or successors; Nor shall the said William Penn, or his heires, or any other the inhabitants of the said pvince, make warre or doe any act of hostilitie against any other king, prince or state, or any of their subjects, who shall then be in league or amity with us, our heires or successors. And because in soe remote a Countrey, and scituate neare many Barbarous Nations, the incursions as well of the savages themselves, as of other enemies, pirates and Robbers, may pbably be feared. Therefore, WEE have given and for us, our heires and successors, Doe give power by these presents unto the said William Penn, his heires and assigns, by themselves or their Captaines or other, their officers to levy, muster and traine, all sorts of men, of what condicon, or wheresoever borne, in the said province of Pennsylvania, for the time being, and to make warr and pursue the enemies and Robbers aforesaid, as well by Sea as by Land, yea, even without the Limits of the said pvince and by God's assistance, to vanquish and take them, and being taken, to put them to death by the law of Warr, or to save them att theire pleasure, and to doe all and every other act and thing, which to the charge and office of a Captaine generall of an Army, belongeth or hath accustomed to belong, as fully and freely as any Captaine Generall of the Army, hath ever had the same. AND FURTHERMORE, of our especiall grace and of our certaine knowledge and meere motion, WEE have given and granted, and by these presents for us, our heires and successors, Doe give and grant unto the said William Penn, his heires and assignes, full and absolute power, licence and authoritie, That he the said William Penn, his heires and Assignes, from time to time hereafter forever, att this or theire will and pleasure, may assigne, alien, grant, 91 demise or insoeoffe the premises, soe many, and such partes and parcells to him or them, that shall be willing to purchase the same, as they shall thinke ffitt. TO HAVE AND TO HOLD to them, the said person and persons willing to take or purchase, theire heires and assignes, in fee simple or ffeetaile, or for the terme of life, or lives, yeares, to be held of the said William Penn, his heires and assignes, as of the said Seigniory of Windsor, by such services, customes and rents, as shall seeme ffitt to the said William Penn, his heires and assignes, and not immediately of us, our heires and successors, and to the same person or persons, and to all and every of them, WEE DOE give and grant by these presents, for us, our heires and successors, Licence, authoritie and power, that such person or persons may take the premises or any parcel there of the aforesaid William Penn, his heires or assigns, and the same hold to themselves, their heires and assignes, in what estate of inheritance soever, in ffee simple, or in ffeetaile or otherwise, as to him the said William Penn, his heiers; and assignes, shall seem expedient. The Statutes made in the parliament of Edward, sonne of King Henry, late king of England, our predecessor, commonly called the Statute Quia Emptorea terrarum, lately published in our kingdome of England, in any wise notwithstanding, and by these presents, WEE give and grant licence unto the said William Penn, and his heires, likewise to all and every such person and persons to whom the said William Penn, or his heires, shall at any time hereafter, grant any estate of inheritance as aforesaid, to erect any parcels of Land within the pvince aforesaid, into mannors, by and with the licence to be first had and obteyned for that purpose, under the hand and seale of the said William Penn, or his heires and in every of the said mannors, to have and to hold a Court Baron, with all thinges whatsoever, which to a Court Baron do belong; and to have and to hold view of ffrank-pledge, for the conservacon of the peace, and better government of these partes by themselves or their Stewarts, or by the Lords for the time being, to use all things belonging to view of ffrank-pledge; and WEE doe further grant licence and authoritie that every such person and persons, who shall erect any such mannor or mannors as aforesaid, shall or may grant all or any parte of his said lands to any person or persons, in ffee simple or any other estate of inheritance, to be held of the said mannors respectively, soe as noe further tenures shall be created, but that upon alI further and other alienacons thereafter, to be made the said lands soe aliened, shall be held of the same Lord and his heires, of whom the alien did then before hold, and by the like, rents and services, which were before due and accustomed. And further, our pleasure is and by these presents for us, our heires and successors, WEE doe Covenant and grant to and with the said William Penn, and his heires and assignes, that WEE, our heires and successors, shall att no time hereafter sett or make, or cause to be sett, any imposition, custome or other taxacon, rate or contribucon whatsoever, in and upon the dwellers and inhabitants of the aforesaid pvince, for their lands, tenements, goods or chattels, within the said province, or in and upon any goods or merchandize within the said pvince, or to be laden or unladen within the ports or harbours of the said pvince, unless the same be with the consent of the pprietary, or chiefe Governor and Assembly, or by act of parliament in England. And our pleasure is, and for us our heires and successors, WEE charge and command, that this our Declaracon, shall from henceforward be received and allowed from time to time in all our Courts, and before all the Judges of us, our heires and successors, for a sufficient and lawful discharge, payment and acquittance, commanding all and singular the officers and ministers of us, our heires and successors, and enjoyeing them upon pain of our high displeasure, that they doe not presume att any time to attempt any thing to the contrary of the premises, or that they doe in any sort withstand the same, but that they be att all times aiding and assisting as is fitting unto the said William Penn, and his heires, and to the inhabitants and merchants of the pvince aforesaid, their servants, ministers, ffactors and assignes, in the full use and fruition of the benefitt of this our Charter: use and fruition of this our Charter: And our further pleasure is, And We do lierely, for us, our heires and successors, charge and require that if any of the inhabitants of the said pvince, to the number of Twenty, shall att any time hereafter be desirious, and shall by any writeing or by any person deputed for them, signify such their desire to the Bishop off London, that any preacher or preachers to be approved of by the said Bishop, may be sent unto them for their instruccon, that then such preacher or preachers, shall and may be and reside within said pvince, without any Denaill or molestacon whatsoever; and if pchance it should happen hereafter, any doubts or questions should arise concerning the true sense & meaning of any word, clause, or sentence, conteyned in this our present charter, WE WILL ordaine and comand, that att all times and in all things such interpretacon be made thereof, and allowed in any of our Courts whatsoever, as shall be adjudged most advantageous and favourable unto the said William Penn, his heires and assignes: PROVIDED alwayes, that no interpretacon be admitted thereof, by which the allegiance due unto us, our heires and successors, may suffer any prejudice or diminucon, although expres mencon be not made in these presents, of the true yearly value or certainty of the premisses, or of any parte thereof, or of other gifts and grants made by us, our pgenitors or predecessors, unto the said William Penn, or any Statute, act, ordinance, pvision, pclamacon or restraint heretofore, had made, published, ordained or pvided, or any other thing, cause or matter whatsoever to the contrary thereof, in any wise notwithstanding. In Witness Whereof WEE have caused these our letters to be made patents, Witness our selfe at Westminster, the fourth day of March, in the three and thirtieth year of Our Reigne. PIGOTT. By Writt of Privy Seale, John Shaler, chv, xxvi die Janry, 1682, Fir. [FINIS NOTE 6-4.] End Chapter VI.