Legal Philadelphia(2)
.
.Franklin Endorses the Constitution
Monday Sepr. 17, 1787. In Convention (6th and Chestnut, Philadelphia).
The Engrossed Constitution being read, Docr. Franklin rose with a Speech in his hand, which he had reduced to writing for his own conveniency, and which Mr. Wilson read in the words following:
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| Bust of Benjamin Franklin |
I confess that there are several parts of this constitution which I do not at present approve, but I am not sure I shall never approve them: For having lived long, I have experienced many instances of being obliged by better information or fuller consideration, to change opinions even on important subjects, which I once thought right, but found to be otherwise. It is therefore that the older I grow, the more apt I am to doubt my own judgment, and to pay more respect to the judgment of others. Most men indeed as well as most sects in Religion, think themselves in possession of all truth, and that wherever others differ from them it is so far error. Steele, a Protestant in a Dedication tells the Pope, that the only difference between our Churches in their opinions of the certainty of their doctrines is, the Church of Rome is infallible and the Church of England is never in the wrong. But though many private persons think almost as highly of their own infallibility as of that of their sect, few express it so naturally as a certain French lady, who in a dispute with her sister, said, "I don't know how it happens, Sister, but I meet with no body but myself, that's always in the right"- "Il n'y a que moi qui a toujours raison."
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| Signing of the Constitution |
In these sentiments, Sir, I agree to this Constitution with all its faults, if they are such; because I think a general Government necessary for us, and there is no form of Government but what may be a blessing to the people if well administered, and believe farther that this is likely to be well administered for a course of years, and can only end in Despotism, as other forms have done before it, when the people shall become so corrupted as to need despotic Government, being incapable of any other. I doubt too whether any other Convention we can obtain may be able to make a better Constitution. For when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men, all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views. From such an Assembly can a perfect production be expected? It therefore astonishes me, Sir, to find this system approaching so near to perfection as it does; and I think it will astonish our enemies, who are waiting with confidence to hear that our councils are confounded like those of the Builders of Babel; and that our States are on the point of separation, only to meet hereafter for the purpose of cutting one another's throats. Thus I consent, Sir, to this Constitution because I expect no better, and because I am not sure, that it is not the best. The opinions I have had of its error, I sacrifice to the public good--I have never whispered a syllable of them abroad-- Within these walls they were born, and here they shall die--If every one of us in returning to our Constituents were to report the objections he has had to it, and endeavor to gain partisans in support of them, we might prevent its being generally received, and thereby lose all the salutary effects and great advantages resulting naturally in our favor among foreign Nations as well as among ourselves, from our real or apparent unanimity. Much of the strength and efficiency of any Government in procuring and securing happiness to the people, depends, on opinion, on the general opinion of the goodness of the Government, as well as of the wisdom and integrity of its Governors. I hope therefore that for our own sakes as a part of the people and for the sake of our posterity, we shall act heartily and unanimously in recommending this Constitution (if approved by Congress and confirmed by the Conventions) wherever our influence may extend, and turn our future thoughts and endeavors to the means of having it well administered.
On the whole, Sir, I cannot help expressing a wish that every member of the Convention who may still have objections to it, would with me, on this occasion doubt a little of his own infallibility--and to make manifest our unanimity, put his name to this instrument.
He then moved that the Constitution be signed.
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| President's Chair |
When the last members were signing it, Doctor Franklin looking towards the President's Chair, at the back of which a rising sun happened to be painted, observed to a few members near him, that Painters had found it difficult to distinguish in their art a rising from a setting sun. I have, said he, often and often in the course of the Session, and the vicissitudes of my hopes and fears as to its issues, looked at that behind the President without being able to tell whether it was rising or setting: But now at length I have the happiness to know that it is a rising and not a setting Sun.
http://www.philadelphia-reflections.com/blog/1739.htm
WILLIAM BLATHWAYT'S DRAFT OF THE CHARTER OF PENNSYLVANIA
Charles the Second by the grace of King of England Scotland France and Ireland 1.)Defend of the Faith & Co. To all to whom these presents shall come greeting Whereas our truste and well beloved subject William Penn Esquire sonne and heirc of Sr William Penn deceased out of a comendable desire to enlarge our English Empire and promote such usefull comodities as may be of benefit to us and our dominions as also to reduce the Savage Natives by Gentle and just manners to the Love of civill Society and Christian Religion hath humbly besought leave of us to transport an ample Colony unto a certaine Country hereinafter described in the parte of America not yet cultivated and planted And hath likewise humbly besought our Royall Matie to give grant and confirme all the said Country with certaine priviledges and Jurisdicions requisite for the good government and safety of the said Country and Colony to him and his heires for ever Know yee therefore that wee favoring the petition and good purpose of the said William Penn and haveing regard to the memory and merits of his late Father in diverse services and particularly to his conduct courage and dircctione {discretion} under our dearest Brother James Duke of Yorke in that signall Battle and Victorie fought and obtained against the Dutch Fleet comanded by [illegible word deleted] {The}2 Heer Van Obdam in the yeare 16653 In consideration thereof of our speciall grace certaine knowledge and meere motion have given and granted and 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 part of Land of {in}4 America with all the Islands therein contained as the same is bounded on the East by Delaware River from Twelve miles distance Northwards of Newcastle Towne unto the Three and Fortieth degree of Northerne Latitude If the said River doth extend soe farr northwards But if the said River shall not extend soe farr northward then by the said River soe farr as it doth extend, and from the Head of the said River the Eastern-bounds are to be 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 westward Five degrees in longitude to be computed from the said Eastern bounds and the said Lands to be bounded on the north by the begining of the Three and Fortieth degree of northerne Latitude and on the South by a Circle drawne of {at}5 12 miles distance from Newcastle northwards6 and westwards unto the begining of the Fortieth degree of northerne Latitude and then by a streight line westwards to the limit of Longitude above mentioned7 Wee doe alsoe 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 and {or} leading to and from the Country or Islands aforesaid And all the Soyle Lands Feilds woods underwoods mountaines hills Fenns Isles Lakes Rivers Waters Rivuletts Bayes and Inletts scituate or being within or belonging unto the Limitts and bounds aforesaid together with the fishing of all sorts of Fish whales {sturgeons} and all Royall and other Fishes in the Sea Bayes Inletts waters or Rivers within the premisses and the Fish therein taken And alsoe all veines Mines and Quarries aswell discovered as not discovered of gold silver gemms and other {pretious} stones and all other whatsoever bee it of stones mettalls or of any other thing or matter whatsoever found or to be found within the Country Isles or limitts aforesaid And him the said William Penn his heires and As-signes Wee doe by this our Royall Charter for us our heires and successors make create and constitute the true and absolute Proprietaries of the countryes7 aforesaid and of all other the premisses saveing alwayes {to us our heirs and successors}8 the Faith and allegiance of the said William Penn his heires and Assignes and of all other {the proprietaries tenants and}9 the inhabitants that are or shall be within the Territories and precincts aforesaid, and {saving alsoe every unto us our Heirs and successors the soveraignty of the aforsd country}10 the sovcrcigncty Dominion thereof due unto us our heires and successors To have hold possesse and enjoy the said Tract of Land Country Isles Inletts and other the premisses unto the said William Penn his heires and Assignes To the only proper use and behoofe of the said William Penn his heires & Assignes forever To be holden of us our heires and successors Kings of England as of our Castle of Windsor in our County of Windsor Berks in Free and comon Soccage by fealty only for all Services and not in Capite or by Knights Service11 Yeilding and paying therefore to us our heires and successors Two Beavere skins to be delivered {at our said Castle of Windsor} on the First day of January in everie year if demanded And alsoe the Fifth part of all gold and silver Oar which shall from time to time happen to be found within the limitts aforesaid {clear of al charges}12 And of our further grace certaine knowledge and meere motion wee have thought fit to erect and wee doe hereby erect the {afore}said Country and Islands into a province and Segniory13 and doe call it Pennsilvania and soe from henceforth wee will have it called Pennsilvania14 And forasmuch as wee have hereby made and ordained 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 reposeing speciall trust and confidence in the fidelitie wisdome Justice and provident circumspection 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 heires and to his and their Deputies and Leiutenants for the good and happy government of the said Countryes to ordaine make enact and under his and their seals to publish any Laws whatsoever for the raiseing of money for the publick uses of the said Province or for any other end appertaining 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 advise assent and approbation of the Freemen of the said Countryes or the greater part of them or of their Delegates or Deputies whome for the enacting of the said Laws when and as often as need shall require {x}15 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 said countryes and limitts thereof {x x}16 And wee doe likewise give and grant unto the said William Penn and his heires and to his and their Deputies and Leiutennts full power17 and authority 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 Administrations 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 remit release pardon and abolish whether before Judgment or after all Crimes and offences whatsoever committed within the said Country against the said Laws Treason and willfull and malicious murders onely excepted18 and in those cases to grant repreives untill our pleasured may bee knowne therein and to doe all and everie other thing and things which unto the compleat establishment of Justice unto Courts and Tribunalls formes of Judicature and manner of proceedings doe belong Altho in these presents expresse mention be not made thereof And by Judges by them delegated to award proc-esse hold please7 and determine in all the said Courts and Tribunalls all actions suits and causes whatsoever aswell Criminall as Civill per-sonall reall and mixt which Laws soe as aforesaid to be published Our pleasure is and so wee enjoyne require and command shall be most absolute and available in Law and that all the Leige people {and subjects} of us our heires and Successors doe observe and keepe the same unavoidably19 in those parts soe farr as they concerne them under the paine therein expressed {or to be expressed} Provided Neverthelesse that the said Laws be consonant to reason and bee not repugnant or contrarie but as neare as conveniently may bee agreeable to the Laws Statutes and rights of this our Kingdome of England And saveing and reserveing to us our heires and successors the receiving hearing and determining of the appeale & appeales of all or any person or persons of in or belonging to the Territories aforesaid or touching any Judgment to be there made or given And forasmuch as in the government of soe great a Country sudden accidents doe often happen whereunto it will be necessary to apply a Remedy before the Freeholders of the said Province or their Delegates or Deputies can be assembled to the makeing of laws neither will it bee convenient that instantly upon everie such emergent occasion soe great a multitude should be called together Therefore for the better government of the said Country wee will and ordaine and by these presents for us our heires and Successrs Doe grant unto the said William Penn and his heires by themselves or by their magistrates and Officers in that behalf duely to bee ordained as aforesaid to make and constitute fit and wholsome ordinances from time to time within the said Country to be kept and observed aswell for the preservation of the peace as for the better government of the people there inhabiting and pub-lickly to notifie the same to all persons whome the same doth or any way may concerne Which ordinances our will and pleasure is shall be kept {observed} inviolably within the said Province under paines therein to be expressed {[illegible deletion]} Soe as the said ordinances be consonant to reason and bee not repugnant nor contrarie but soe farr as conveniently may bee agreeable with the Laws of our King-dome of England and soe as the said Ordinances be not extended in am sort to bind charge or take away the right or interest of any person or persons of or in20 their Life members2' Freehold goods or Chatties22 And our further Will and pleasure is that the [illegible deletion] Laws for regulateing and governing of propertie within the said province aswell for the descent and enjoyment of Lands as likewise for the enjoyment and possession {succession} of goods and Chatties and likewise as te the trcasonc and {to} Felonies shall be and continue the same as they shall bee for the time being by the generall course of the Law in our Kingdome of England untill the said Laws shall bee altered by the said William Penn his heires or Assignes and by the Freemen of the said Province their Delegates or Deputies or the greater part of them23 {x x x And to the end the said William Penn or his24 Heirs, or other the Planters, Owners, or Inhabitants of the said Province, may not at any time hereafter, by misconstruction of the Powers aforesaid, through inadvertancy or design, depart from that faith & due allegiance wch bv the Laws of this Our Realm of England, they & all Our subjects in Our Dominions & Territoryes always owe to Us, our Heirs, & Successors, by colour of any Extent or Largeness of [illegible deletion] {Powers} hereby given or pretended to be given Or by force or colour of any Laws hereafter to be made in the said Province {by virtue of any such Powers} Our further Will & Pleasure is, That a Transcript or Duplicate of all Laws, wch shall be so as aforesaid made &: published, within the said Province, shall within 5. years after the making thereof be transmitted & delivered to the Privy Councill for the time being of Us, Our Heirs & Successors. And if any of the said Laws, within the Space of 6. months, after that they shall be so transmitted &.- delivered be declared by Us, Our Heirs, or Successors, in Our or their Privy Councill, inconsistent wth the Sovereignety or lawful Prerogative of Us, Our Heirs, or Successors, or contrary to the Faith & Allegiance due by the Legal Governm1 of this Realm from the said Wm Penn, or his Heirs, or of the Planters or of the Planters, & Inhabitants of the said Province, And that thereupon any of the said Laws shall be adjudged & declared to be voyd by Us, Our Heirs, or Successors, by order of their, or Our Privy Councill, or by our or their Signet & Sign Manuel, that, {under our or their Privy Seal that} then, & from thenceforth, such Laws concerning wch such Judgement & Declaration shall be made, shall become voyd, & otherwayes the said Laws so transmitted shall remain 8c stand in full force, according to the true intent 8c meaning thereof.}25 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 sakl Lord Baltcmorc, 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 (ienerall 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 heircs by themselves or their officers to make Warr and pursue the Indians and other Enemies in or ncare 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 piihlick exercize of Religion according to the Liturgy Form'd & Ceremonies of the Church of England or take or subscribe the Oaths fe Articles made and Established in this Nation in that bchalfe; 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 Customc of Our Rcalme of England to the contrary thereof in anv wise Notwithstanding63 And furthermore of Our speciall grace and of Our ertaine 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 lull 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 fin 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 And Our pleasure is and for us Our heires and Successors Wee charge and Command that this Our Declaration shall from hence forward from time to time be received and allowed71 in all our Courts and before ail the judges of Us Our heires and Successors for a sufficient and lawfull discharge payment and Acquittance Commanding all and singular [illegible deletion] {the} Officers and Ministers of Us Our heires and Successors and enjoyning them upon pain of Our high displeasure that they doe not presume at any time to attempt any thing to the contrary of the premisses or that they doe in any sort withstand the same but that they be at all times aydeing and assisting as is fitting unto the sayd William Penn and his heires and to the Inhabitants and Merchants of the Province aforesayd their Servants Ministers Factors and assignes in the full use and fruition of the benefitt of this Our Charter72 And Our further pleasure73 is and Wee doe hereby for Us Our heires & Successors charge and require that if any of the Inhabitants of the said Province to the number of twenty shall at any time hereafter be desirous and shall by any Writing or by any person Deputed for them signify such their desire to the Bishop of London tor the time being74 that any Preacher {or Preachers to be approved of by the said Bishop}75 may be sent unto them for their Instruction to be approved of by the sayd Bishop That then such Preacher {or Preachers}76 shall and may be and reside within the sayd Province without any denyall or Molestation whatsoever77 And if perchance hereafter it should happen any doubts or questions should arise concerning the true sense and meaneing of any Word Clause or Sentence tntained in this Our present Charter Wee will Ordaine and Command that at all times and in all things such interpretation be made thereof and allowed in any of Our Courts whatsoever as shall be adjudged most advantageous and favourable unto the sayd William Penn his heires and assignes Provided alwayes that no interpretation be admitted thereof by which the Allegiance due unto Us Our heires and Successors may suffer any prejudice or diminution78 Although express mention be not made in these presents of the true yearely value or certainty of the premisses or of any part thereof or of other guifts and grants made by Us Our heires and79 Predecessors unto the sayd William Penn or any Statute Act Ordinance Provision Proclamation or restraint heretofore had made published ordeyned or provided or any other thing cause or matter whatsoever to the contrary thereof in any wise Notwithstanding In Witnesse whereof We have caused these Our Letters to be made Patents Witness Ourselfe at Westm1 the 4th day of March In the three and Thirtieth yeare of Our Reigne 1680/180 Pigott81
Note: Footnotes, edits and insertions from Richard P. Dunn and Mary Maples Dunn, "The Papers of William Penn", U. of PA Press, 1982
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