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Charter of Pennsylvania, from Charles II to William Penn
William Penn suggested what he wanted, and the Royal bureaucracy suggested suitable modifications of the gift. The resulting charter is a shrewd and fair legal document, but contained a major geographical error.

...Ratification, Bill of Rights and Other Amendments
The 1787 Constitution lacked a Bill of Rights. Few except Madison himself were opposed to adding one, but many other delegates would have failed election without promising it. Negotiations at the Convention had proved so excitingly innovative that time ran out before the Convention had to adjourn with only a promise of a Bill of Rights, first thing. Almost immediately, political America was thrown into a year of state ratification conventions. Massachusetts initiated the concept of ratifying the Constitution, attached with eight or nine amendment proposals for the Bill of Rights. When the First Congress finally convened, it faced almost two hundred proposed amendments, and Madison made sure he was chairman of a committee to deal with them. Practically alone he pared them down to a succinct twelve which survived as the first order of business of the new Congress. Almost unnoticed, he made a deal with Oliver Ellsworth the leader of the Senate, to pass the Bill of Rights in exchange for passing the Senate's Judiciary Act in the House of Representatives. Out of this combined beginning, the power and scope of the Judiciary Branch was born. But while that is a subject for later chapters, Madison never achieved a more skillful moment in his political life, than this pivotal one.

...Pending and Later Amendments
New topic 2012-08-01 19:06:55 description

Freedom, But Not Independence

{King Charles II}
King Charles II

King Charles II was known as the "penny less king", forced by circumstances to use land as money. He was pretty casual about arrangements, leaving the actual drafting of documents and particulars to his staff. For the most part they were lawyers, much more cautious about the vicissitudes of human affairs than their client was. In the case of William Penn's charter of Pennsylvania, it was important for the Crown to enlist the support of colonies for any wars that England might be fighting, and equally important for the colonies not to drag England into wars on their own. At the same time, it had to be made clear that Penn had the support of the King in maintaining internal law and order. A special feature, taking up the largest section of the document, reflected concerns that pacifist Quaker in the colony might refuse to tolerate violence, even when necessary to maintain order, or that Penn might not be willing or able to command obedience in the interests of the King. The other main concerns expressed in the charter dealt with international commerce. The colonials were free to trade, but only within the realm, and they were to pay reasonable customs fees. One can almost read William Penn's mind on the definition of "reasonable" and it seems likely he would have insisted that challenged fees must be supported by Parliament, as had been true within England itself, ever since the Magna Carta. Otherwise, Penn could pretty well run things as he pleased; his own Concessions and Agreements let the colonists be self-governing.

The more meaningful phrases of the Charter have been highlighted; only a few spelling variances have been made more clear for the modern reader. The numbers scattered throughout are the footnotes provided by Richard and Mary Dunn in their monumental four-volume "The Papers of William Penn", published by the University of Pennsylvania Press in 1982.

Furthermore that this new Collony may the more happyly increase by the multitude of people resorting thither Therefore wee for us our heires and successors Do give and grant by these presents power License and libertie unto all the Leigh people and subjects both pres­ent and fur the future for26 us our heires and successors Excepting those who shall bee specially forbidden to transport themselves and Familyes unto the said Country with such convenient shipping as by the Laws of this our Kingdome of England they ought to use and27 with fiting provisions paying onely the customes therefore due and there to settle themselves dwell and inhabite and plant for there public and their owne private advantage.28 And furthermore that our subjects may be the rather encouraged to undertake this expedition with the ready and chearfull mindes Know yee that wee of our especiall grace certaine knowledge and meere motion doe give and grant by vertue of these presents aswell unto the said William Penn and his heires As to all others who shall from time to time29 repaire {un}to the said Country with a purpose to inhabite there or to trade with the natives of there said Country full License to lade and freight in any ports whatsoever of us our heires and Successors {[illegible deletion]}30 {according to the Laws cstab made or to be made within our kingdome of England}31 and unto32 the said Country by them their Servants or33 Assignes to transport all and singular their goods wares34 and merchandizes As likewise all sorts of graine whatsoever and all other things whatsoever necessary for Food or cloathing not prohibited by the Laws ef and Statutes of our King-domes and Dominions to be carryed out of the said Kingdoms without any let or molestation 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)35 {and pro­vided also that nothing}36 And wee do further for us our heires and Successors give and grant unto the said William Penn his heires and Assignes Free and absolute power to divide the said Country and Islands into Townes hundreds and Countyes and to erect and incor­porate Townes into Burroughs and Burroughs into Cityes and to make and constitute Faires and Marketts therein with all other con­venient Priviledges and Immunities according to the Meritt of the Inhabitants and the Fitness of the places to doe all and every other thing and things touching the premisses which to him or them shall seeme meet and requisite37 Albeit they be such as of their owne nature

[in the margin: Quare] might otherwise require a more Especiall Comandment and warrant then in these presents is expressed.38 Wee will alsoe and by these presents For us our heires and Successors Wee doe give and Grant Lyscence by this our Charter Unto the said William Penn his heires and Assignes and to all the Inhabitants and dwellers in the province aforesaid both present and to come to import or unlade by themselves or their Servants Factors 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 & successors in our Kingdome of England and not into any other Countrey whatsoever And we give him Full power to dispose of the said Goods in the said Ports And if need be within One Veare next after the Unladeing of the same to Lade the said merchandizes and Goods againe into the same or other shipps and to export the same into any other Countreyes either of our Dominions or Foreigne according to Law Provided {alwayes} that they pay such Customes and Impositions 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} shalbe bound to pay39 And doe Ob­serve the Acts of Navigation and other lawes in that behalf made And furthermore of our more ample and speciall Grace Certaine 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 Authority to make erect and Constitute within the said Province & the Isles and Isletts aforesaid {such} and soe many Sea Ports Harbours Creekes Havens Keyes and other places For discharge & unladeing of Goods and Merchandizes40 out of the Shipps Boates and Other Vessells and ladeing them41 and in such and soe many places and with such rights Jurisdictions Liberties and Prive-lidges Unto the said Ports belonging as to him or them shall seeme most expedient And that all and singuler the shipps Boates and other Vessells which shall come For Merchandize and Trade unto the said Province or out of the same shall depart shalbe laden or Unladen only at such ports as shall be soe erected and constituted by the said William Penn his heires or42 Assignes any use Custome or other thing to the ontrary notwithstanding43 Provided that the said William Penn and his heires and the Leiftennants & Governors for the time being shall admitt and receive in and about {all} such Ports havens Creekes and keyes all Officers and their deputies who shall from time to time be appointed For that Purpose by the Farmers or Comissioners of our Customes For the time being44 And Wee do further appoint and Ordayne And by these prsents for Us our heires and Successors Wee do grant unto the sayd William Penn his heires and assignes that he the sayd William Penn his heires and assignes may from time to time for ever have and enjoy the Customes and subsidies in the Ports Harbours and other Creekes and places aforesayd 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 We give power by these presents for us our heires and successors upon just cause and in a due propor­tion to assesse and impose the same Saveing unto Us Our heires and Successors such impositions and Customes {as} by Act of Parliament are and shall be appointed45 And it is Our further Will and pleasure that the sayd William Penn his heires Successors46 and assignes shall from time to time Constitute and appoint an Attorney or Agent to reside in or neare Our City of London who shall make knowne the place where he shall dwell or may be found unto the Clerkes of Our Privie Councell for the time being or one of them and shall be ready to appeare in any of Our Courts at Westminster to answer for any misdemeanors that shall be committed or by any wilfull default or neglect permitted by the said William Penn his heires47 or assignes against the {our} Laws of {Trade or} Navigacon {or otherwise against the true intent of these presents.}48 and after it shall be ascertained in any of Our said Courts what damages Wee or our {heires or} Succes­sors shall have susteyned by such default or neglect the sayd William Penn his heires and assignes shall pay the same within one yeare after such taxation and demand thereof for {from} such Attorney Or in case there shall be noe such Attorney by the space of One yeare {after such taxation}19 or {in case}50 such Attorney shall not make payment of such damages within the space of a yeare51 {& answer such other forfeitures and penalties {within the sayd time} as by the Acts of Parliament in England are or shall be provided}52 according to the true intent and meaneing of these presents Then it shall be lawfull for Us Our heires and Successors to seise and resume the government of the sayd Province or Countrey and the same to retaine until pay­ment shall be made thereof But Notwithstanding any such Seisure or resumption of the Government Nothing concerning the propriety or ownershipp of any Lands tenements or other hereditaments or goods or chattells of any the Adventurers Planters or Owners {other then the respective offenders}53 there shall be any way affected or molested thereby Provided alwayes and Our Will and pleasure is that neither the sayd William Penn nor his heires nor any other the Inhabitants of the said Province shall at any time hereafter trade or {have or}54 maintaine any commerce to or {correspondance}55 with any other King Prince or state in Europe {or their or with any of their subjects}56 who shall then be in Warr against Us Our heires or Successors Nor shall the sayd William Penn or his heires or any other the Inhabitants of the said Province make Warr or do any act of hostility against any other King Prince or state in Europe {or any of their subjects}57 who shall then be in League or amity with us Our heires or Succes­sors:58 {x x x}

{x x x And because in so remote a Country, & situate [illegible deletion] {near so59} many barbarous Nations, the Incursions as well of the Savages themselves, as of other Enemies, Pirates & Robbers, may probably be feared: Therefore we have given, & for Us, Our Heirs & Successors doe give Power by these Presents unto the said Lord Baltimore, said {W. Penn,} his Heirs, & Assigns, by themselves, or their Captains, or other their officers, to leavy, muster, & traine, all sorts of Men, of what Condition, or wheresoever born in the said Province of Mary-land {Pennsilvania},60 for the time being, & to make war, & pursue the Enemyes & Robbers aforesaid, aswell by Sea, as by ind, yea, even wthout the Limits of the said Province, & (by God's assistance) to vanquish & take them, & being taken, to putt them to death by the Law of War, or to save them at their Pleasure, & to doe all & every61 other thing wch unto the charge & office of a Captain (generall of an army belongeth, or hath accustomed to belong, as fully & freely as any Captain General of an Army hath ever had the same.}62 But that it shall and may be lawfull to and for the sayd William Penn & his heirs by themselves or their officers to make Warr and pursue the Indians and other Enemies in or neare the sayd Province aswell by Land as by Sea And to doe every other thing which belongeth to the office of a Captain Generall of an Army—x x x—And because it may happen that some of the People and Inhabitants of the said Province may not in their private opinions be able to conforme to the publick exercize of Religion according to the Liturgy Form'd & Cer­emonies of the Church of England or take or subscribe the Oaths or Articles made and Established in this Nation in that behalfe; And for that the same by reason of the remote distances of those places will (as Wee hope) be noe breach of the Unity and Uniformity Estab­lished in [missing folio] Licentiousness nor to the civill injury Nor outward disturbance of others Any Law Statute or Clause contained or to be contained, usage, or Custome of Our Realme of England to the contrary thereof in anv wise Notwithstanding63 And furthermore of Our speciall 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 sayd William Penn his heires and assignes full and absolute power license and authority that hee the sayd William Penn his heires and assignes from time to time hereafter for ever at his or their Will or pleasure may assigne alien grant demise or En-feoffe of the premisses soe many and such parts and parcells to him or them that shall be willing to purchase the same as they shall think fine To have and to hold to them the sayd person or persons willing to like or purchase their heires and assignes in Fee-Simple or Fee-Tayle or lor terme of life64 or lives or yeares To be held of the said William

Penn his heires and assignes as of the sayd Seigniory of Windsor65 by such services Customes and rents as shall seeme fitt to the sayd 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 do give and grant by these presents for Us Our heires and Successors lycense authority and power that such person or persons may take the premisses or any parcell thereof of the afore­said William Penn his heires or assignes and the same hold to them­selves their heires and assignes in what estate of Inheritance soever in Fee Simple or in Fee-Tayle or otherwise as to them the sayd William Penn his heires and assignes shall seeme expedient The Statute made in the Parliament of Edward sonn of King Henry late King of Eng­land Our Predecessor commonly called the Statute Quia Emptores Terrarum lately published in Our Kingdome of England in any Wise Notwithstanding66 And by these presents Wee give and grant License unto the sayd 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 parcells of land within the Province aforesayd into Man­nors by and with the License to67 be first had and obteyned for that purpose under the hand and Seale of the sayd William Penn or his heires and in every of the sayd Mannors to have and to hold a Court-Baron with all things whatsoever which to a Court Baron do belong and to have and to hold view of franckpledge (for the conservation of the peace and the better government of those parts) by themselves or their Stewards or by the Lords for the time being of other Mannors to be deputed when they shall be Erected and in the same to use all things belonging to view of Franck-pledge68 And Wee doe further grant license and authority that every such person and persons who shall Erect any such Mannor or Mannors as aforesayd shall or may grant all or any part of the {his} said lands to any person or persons in Fee-Simple or any other estate of Inheritance to be held of the sayd Mannors respectively soe as noe further tenures shall be created but that upon all further and other Alienations thereafter to m bee made the said Lands so aliened shall be held of the same Lord and his heires of whom the Alienor did then before hold and by the like Rents and services which were before due and Accustomed69 And further Our pleasure is and by these presents for Us Our heires and Successors Wee do Covenant and grant to and with the sayd William Penn and his heires and assignes That Wee Our heires and Successors shall at no time hereafter set or make or cause to be sett any Imposition Custome or other Taxation Rate or Contribution whatsoever in and upon the Dwellers and Inhabitants of the aforesaid Province for their Lands tenements goods or Chattells within the sayd Province or in and upon any goods or Merchandize within the sayd Province or to be laden or unladen within the Ports or harbours of the sayd Province

unless the same be with the consent of the Proprietary or chiefe Governor & {&}70 Assembly or by Act of Parliament in England

(1773)

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