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 speciall trust and Confidence in the fidelitie, wisdome, Justice, and provident circumspeccon of the said William Penn. . ., Doe grant free, full and absolute power, by vertue of these presents to him and his heires, 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 publick use of the said province, or for any other End apperteyning either unto the publick state, peace, or safety of the said Countrey, or unto the private utility of perticular 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. 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 unto, and upon all people within the [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, Magistrates and Officers whatsoever, for what Causes soever, for the probates of will and for the granting of Administracons within the precincts aforesaid, and with what power soever, and in such forme as to the said 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 comitted within the said Countrey, against the said Lawes, Treason and wilfull and malicious Murder onely excepted; and in those Cases, to Grant Reprieves untill Our pleasure may bee knowne thereon, and to doe all and every other thing and things which unto the compleate establishment of Justice unto Courts and Tribunals, formes of Judicature and manner of proceedings doe belong, altho' in these presents expresse mencon bee not made thereof; . . . Provided, Nevertheles, that the said Lawes bee consonant to reason, and bee not repugnant

or contrarie, but as neare as conveniently may bee agreeable to the Lawes, Statutes and rights of this our Kingdome of England, And Saveing and reserving to us, Our heirs and Successors, the receiving, heareing 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... [In emergencies, the proprietor or his representatives may make ordinances without the consent of the freemen; the same to be agreeable to the laws of England,] and so 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 pleasure 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 be and continue the same as shall bee for the time being, by the general course of the Law in our Kingdome of England, untill 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 vertue 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 yeares 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 Lawes within the space of six months, after that they shall be soe transmitted and delivered, bee declared by us, our heires or successors, in our or their privy Councell, inconsistent with the sovereignety or lawfull prerogative of us, our heirs or successors, or

contrary to the faith and allegiance due by [to] 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 thereupon any of the said Lawes shall bee adjudged and declared to bee void by us, our heirs or successors, under our or their Privy Seale, that then, and from thenceforth such Lawes concerning which such Judgement and declaracon shall be 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. . . . We 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 pvince aforesaid, both present, and to come, to import or unlade by themselves or theire 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 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 Merchandizes and goodes 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 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. [Ports and places for lading and unlading to be established by the proprietor;] Provided, that the said William Penn and his heires, and the Lieutenants and Governors for the time being, shall admitt and retaine in and about all such ports, havens, Creeks and keyes, all officers and their Deputies, who shall from time to time be appointed for that purpose, by the ffarmers or Commissioners of our customes, for the time being. And Wee doe further appoint and ordaine . . . That he the said William penn, his heires and assignes, may from time to time forever, have and enjoy the Customes and Subsidies in the ports, harbours and other Creeks, and places aforesaid, within the pvince afore

said, 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 assesse and impose the same, Saveing unto us, our heires and Successors, such imposicons and customes as by Act of parliament are and shall be appointed; And it is further our 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 Courtts 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 heirs or assignes, against our Lawes of Trade or Navigacon, and after it shall be ascertained in any of the 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 meaneing of these presents: Then it shall be lawfull for us, our heiers and Succes-) sors, to seize and Resume the government of the said pvince or Countrey, and the same to retain until 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 of the Adventurers, planters or owners, other then the respective offenders there shall be anyway affected or molested thereby provided alwayes . . . that neither the said William penn, nor his heires, nor any other the inh[ab]itants of the said pvince, shall at any time hereafter have or maintain any correspondence with any other King, pvince [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 further. . . 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 impossicon, 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, unles the same be with the consent of the pprietary, or chiefe Governor and assembly, or by Act of parliament in England. . . . And our further pleasure is, And Wee doe hereby, 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 desirous, and shall by any writeing or by any pson deputed for them, signify such their desire to the Bishop of London, that any preacher or preachers to be approved of by the said Bishop, may be sent unto them for their instruccon, that then such preacher or preachers, shall and may be and reside within the said pvince, without any deniall or molestacon whatsoever. .

No. 39. Grant of East New Jersey

March 14/24, 1682/3

UPON the death of Carteret, in 1680, his interest in East New Jersey passed into the hands of the Earl of Sandwich and others, as trustees, for the benefit of his creditors. Sandwich relinquished his interest, and the others conveyed the province to Thomas Cremer and Thomas Pocock, who in turn sold to Penn and eleven associates, in February, 1681/2. The share of each of the proprietors was then divided, and twelve additional proprietors admitted as tenants in common. In March, 1682/3, the Duke of York executed a release to the twenty-four proprietors. A new frame of government, known as the Fundamental Constitutions, was shortly sent over by the proprietors; but the Assembly objected to it on the ground that it had not been duly enacted, and