CHAPTER XXXIV. To appoint their own times of meeting, and to adjourn their sessions from time to time (within the said year) to such times and places as they shall think fit and convenient, as also to ascertain the number of their quorum, provided such numbers be not less than one half of the whole, in whom (or more) shall be the full power of the General Assembly; and that the votes of two thirds of the said quorum, or more of them if assembled together as aforesaid, shall be determinative in all cases whatsoever coming in question before them, consonant and conformable to these Concessions and fundamentals.

CHAPTER XXXV. THAT the said Proprietors and freeholders at their choice of persons to serve them in the General and Free Assembly of the Province, give their respective Deputies or ✓ trustees, their instructions at large, to represent their grievances, or for the improvement of the Province: And that the Persons chosen, do by indentures under hand and seal, covenant and oblige themselves to act nothing in that capacity but what shall tend to the fit service and behoof of those that send and employ them; and that in case of failer of trust, or breach of covenant, that they be questioned upon complaint made, in that or the next Assembly, by any of their respective electors.

And that each member of the Assembly chosen as aforesaid, be allowed one shilling per day, during the time of the sitting of the Assembly, that thereby he may be known to be the servant ✔ of the people which allowance . . . is to be paid him by the inhabitants of the propriety or division that shall elect him.

CHAPTER XXXVI. THAT in every General Free Assembly, every respective member hath liberty of speech; that no man be interrupted when speaking; that all questions be stated with deliberation and liberty for amendments; that it be put by the chairman, by them to be chosen, and determined by plurality of votes. Also that every member has power of entering his protest and reasons of protestations. And that if any member of such Assembly shall require to have the persons names registered, according to their yea's and no's, that it be accordingly done: And that after debates are past, and the question agreed upon, the doors of the house be set open, and the people have liberty ✔ to come in to hear and be witnesses of the votes, and the inclinations of the persons voting.

CHAPTER XXXVII.

AND that the said Assembly do elect, con

stitute and appoint ten honest and able men, to be Commissioners of State, for managing and carrying on the affairs of the said Province, according to the law therein established, during the adjournments and desolutions of the said General free Assembly, for the concervation and tranquility of the same.

CHAPTER XXXVIII. THAT it shall be lawful for any person or persons during the session of any General Free Assembly in that Province, to address, remonstrate or declare any suffering, danger or grievance, or to propose, tender or request any privilege, profit, or advantage to the said Province, they not exceeding the number of one hundred persons.

CHAPTER XXXIX. To enact and make all such laws, acts and constitutions as shall be necessary for the well government of the said Province, (and them to repeal) provided that the same be, as near [as] may be conveniently, agreeable to the primitive, antient and fundamental laws of the nation of England. Provided also, that they be not against any of these our Concessions and fundamentals before or hereafter mentioned.

CHAPTER XL. By act as aforesaid, to constitute all courts, together with the limits, powers, and jurisdictions of the same, (consonant to these Concessions) as also the several judges, officer and number of officers belonging to each court, to continue such time as they shall see meet, not exceeding one year or two at the most, with their respective sallaries, fees and perquisites, and their appellations, with the penalties that shall be inflicted upon them, for the breach of their several and respective duties. and trusts. And that no person or persons whatsoever, inhabitants of the said Province, shall sustain or bear two offices in the said Province, at one and at the same time.

CHAPTER XLI. THAT all the justices and constables be chosen by the people and all commissioners of the publick seals, treasuries, and chief justices, embassdors, and collectors be chosen by the General Free Assembly.

CHAPTER XLII. THAT the commissioners of the treasury of the said Province, bring in their account at the end of their year, unto the General Free Assembly, there to be seen and adjusted; and that every respective member, carry a copy thereof, unto that hundred of [or] propriety he serves, for to be registered in the capital publick court of that propriety.

CHAPTER XLIII. By act as aforesaid, to lay equal taxes and

assessments, and equally to raise money's or goods, upon all lands or persons, within the several proprieties, precincts, hundreds, tribes, or whatsoever other divisions shall hereafter be made and established in the said Province, as oft as necessity shall require, and in such manner as to them shall seem most equal and easy to the inhabitants, in order to the better supporting of the publick charge of the said government, as also for the publick benefit and advantage of the said people and Province.

CHAPTER XLIV. By act as aforesaid, to subdivide the said Province into hundreds, proprieties, or such other divisions, and ‣ distinctions, as they shall think fit; and the said divisions, to distinguish by such names as shall be thought good; as also within the said Province, to direct and appoint places, for such and so many towns, cities, ports, harbours, creeks, and other places, for the convenient loading and unloaden of goods and merchandize, out of the ships, boats and other vessels, as shall be expedient, with such jurisdictions, privileges and franchises, to such cities, ports, harbours, creeks, or other places, as they shall judge most conducing to the general good of the said Province, and people thereof; and to erect, raise and build within the said Province, or any part thereof, such and so many market towns, and villages, and also appoint such and so many markets, and fairs, and in such place and places as they shall see meet, from time to time, as the grant made and assigned unto the said Proprietors will permit and admitt.

No. 38. Charter of Pennsylvania

March 4/14, 1680/81

THE Connection of William Penn with the colonies of East and West New Jersey is referred to elsewhere (see notes to Nos. 36, 37, and 39). Penn inherited from his father, Admiral Penn, a claim of some £16,000 against the King, Charles II. It was to satisfy this claim, as well as to found a colony under Quaker rule, that Penn petitioned, in June, 1680, for a grant of land in America. The petition indicated the extent of the desired grant; but experience had made the colonial authorities in England cautious, and Penn's application, though favored by the King and the Duke of York, was carefully considered. The representatives of the Duke and of Lord Baltimore were consulted, and took a prominent part in the negotiations; but in December the attorney-general reported that the proposed grant did not interfere with

their territorial claims. The boundaries were approved Jan. 15/25, 1680/81, and March 4/14 the charter was issued. The original draft of the charter, drawn up by Penn on the model of the charter of Maryland, was revised by Chief Justice North, and important modifications introduced. A royal proclamation of April 2-12 announced the issuance of the charter, and commanded obedience to its provisions. Penn shortly issued a pamphlet setting forth the advantages of the region, and the conditions of settlement. In August, 1682, he obtained from the Duke of York a quit-claim deed of the territory included in Pennsylvania, and two deeds of feofment, one of Newcastle, with the land within a twelve-mile circuit about it, and the other of the land between Newcastle and Cape Henlopen.

REFERENCES. Text in Charter and Laws of Pennsylvania (Harrisburg, 1879), 81-90. An abstract of Penn's proposals is in Hazard's Annals of Pennsylvania, 505–513; the deeds from the Duke of York are also in ib., 586–593. For the early documentary history, see Votes of Assembly, I.; Colonial Records, I.; Hazard's Pennsylvania Archives, I. Shepherd's History of Proprietary Government in Pennsylvania (Columbia Coll. Studies, VI.), is of prime importance; see also Hazard's Annals, and Proud's Pennsylvania, I.

...

Whereas our Trustie

CHARLES THE SECOND [&c.]. . . 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 civil Societie and Christian Religion hath humbley besought leave of us to transport an ample colonie unto a certaine Countrey hereinafter described in the partes of America not yet cultivated 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 safetie of the said Countrey and Colonie, to him and his heirs forever. Knowe yee, therefore, that wee, favouring the petition and good purpose of the said William Penn, and haveing regard to the memorie and meritts of his late father, in divers services, and perticulerly to his Conduct, courage and discretion under our dearest brother, James, Duke of yorke, in that signall Battell and victorie, fought and obteyned against the Dutch fleete, comanded by the Herr Van Obdam, in the yeare One thousand six hundred sixtie-five, In consideration thereof ... by this Our present Charter, for us, 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 Northerne 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 drawne 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 drawne at twelve miles, distance from New Castle Northwards, and Westwards unto the beginning of the fortieth degree of Northerne Latitude; and then by a streight Line westwards, to the Limitt of Longitude above menconed. Wee Doe also give and grant 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 singuler Ports, harbours, Bayes, waters, Rivers, Isles and Inletts, belonging unto or leading to and from the Countrey, or Islands aforesaid; and him the said William Penn, his heires and Assignes, Wee do, by this our Royall Charter . . . make, Create and Constitute the true and absolute Proprietaries of the Countrey aforesaid, and of all other, the premisses, saving alwayes to us. . . the faith and allegiance of the said William Penn, his heirs and assignes, and of all other, the proprietaries, Tenants and Inhabitants that are, or shall be within the Territories and Precincts aforesaid; and Saving also unto us. . . the Sovreignity of the aforesaid Countrey. . . . 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 comon socage by fealty only for all services, and not in Capite or by Knights service, Yeelding and paying therefore... two beaver Skins to bee delivered att our said Castle of Windsor, on the first day of Januarie, in every yeare; and also the fifth parte of all Gold and Silver Oare, which shall from time to time happen to be found within the Limitts aforesaid, cleare of all Charges, and . . . wee doe hereby erect the aforesaid Countrey and Islands, into a Province and Seigniorie, and doe call itt Pensilvania.