pany- Pennsylvania, which is a proprietory colony, was granted to the proprietor, William Penn, much in the fame manner as the others are granted to the proprietors and poffeffors thereof. The charter gives Sir Wil¬ liam power to make laws, raise money by the confent of the freemen or their deputies, to appoint judges namely, the faid fecond Thursday in May, the governor, deputy governor and affiftants, of the faid company, and other officers ofthe faid company, or fuch of them as the faid general affembly fhall think fit, fhall be, in the faid general court and affembly, to be held from that day or time, newly chofen for the year enfuing, by fuch greater part of the faid company, for the time being, then and there prefent. And if the governor, deputy-governor, and affiftants, by these prefents appointed, or fuch as hereafter be newly chofen into their rooms, or any of them, or any other the officers to be appointed for the said company, shall die, or be removed from his or their feveral offices or places before the faid general day of election, (whom we do hereby declare, for any mifdemeanour or default, to be removeable by the governor, affistants, and company, or fuch greater part of them, in any of the faid public courts to be affembled as is aforefaid) that then, and in every fuch cafe, it fhall and may he lawful to and for the governor, deputy-governor, and affiftants, and company aforefaid, or such greater part of them fo to be affembled, as is aforefaid in any of their af femblies, to proceed to a new and election of one or more of their company, in the room or place, rooms or places, of fuch governor, deputy-governor, affiftant, or OF ther officer or officers fo dying, or removed, according to their difcretions. And immediately upon, and after fuch election, or elections, made of fuch governor, deputygovernor, affiftant or affiftants, of any other officer of the faid company, in manner and form aforefaid, the authority, office, and power before given to the former governor, deputy-governor, or other officer and offices fo removed, in whofe ftead and place new fhall be chofen, fhall, as to him and them and every of them refpectively,” ceafe and determine. Provided alfo and our will and pleasure is, That as well fuch as are by these prefents appointed to be the prefent governor, deputy-governor, and afliftants of the faid company, as thofe that fhall fucceed them, and all other officers to be appointed and chofen as aforefaid, fhall, before they undertake the execution of their faid offices and places refpectively, take their feveral and refpective corporal oaths, for the due and faithful performance of their duties in the feveral offices and places, before fuch perfon or perfons as are, by thefe prefents, hereafter appointed to take and receive and officers neceffary for the probates of wills, a power to pardon crimes, except murder and high treafon, and in thefe to grant reprieves.. Alfo to make any laws not repugnant to the laws of England. But in doubtful cafes, the fubjects were allowed to appeal to the King. In this charter there is a particular referve concerning the British parliament with regard to taxation; this power of parliament is expreffed in the charter; for it is faid no taxes fhall be laid upon the inhabitants but by act of affembly or act of parliament. receive the fame; that is to fay, The faid John Wintrop, who is herein before nominated and appointed the prefent governor of the faid company, fhall take the faid path before one or more of the mafters of our court of chancery, for the time being; unto which mafter of chancery we do, by thefe prefents, give full power and authority to adminifter the faid oath to the said John Wintrop accordingly; and the faid John Mafon, who is herein before nominated and appointed the prefent deputy-governor of the faid company, fhall take the faid oath before the faid John Wintrop, or any two of the affiftants of the faid company; unto whom we do, by these prefents, give full power and authority to adminifter the faid oath to the faid John Mafon according ly; and the faid Samuel Willis, Henry Clerke, Matthew Allen, John Tappen, Nathaniel Gould, Richard Treat, Richard Lord, Henry Wollcot, John Talcott, Daniel Clerke, John Ogden, and Thomas Wells, who are herein before nominated and appointed the prefent affiftants of the faid company, fhall take the oath before the faid John Wintrop, and John Mason, or one of them; to whom we do hereby give full power and authority to adminifter the fame accordingly. And our further will and Such pleasure is, That all and every governor, or deputy-governor, to be elected and chofen, by virtue of thefe prefents, fhall take the faid oath before two or more of the affiftants of the faid company, for the time being; unto whom we do, by these prefents, give full power and authority to give and adminifter the faid oath accordingly. And the said affiftants, and every of them, and ali or every other officer or officers to be hereafter chofen, from time to time, to take the faid oath before the governor or deputy-governor, for the time being; unto which faid governor, we do, by these presents give full power and authority to administer the fame accordingly. And further, of our more ample grace, certain knowledge, and mere motion, we have given and granted, and by thefe prefents, for us, our heirs and fucceffors, do give and grant unto the faid governor and company of the English colony of Connecticut, in New-England, in America, and to every inhabitant there, and to every perfon and perfons trading thither, and to every tuch perfon and perfons as are or fhall be free of the faid colony, full power and authority, from time to time and at all times hereafter, to take. fhip. tranfport, and carry away, for and towards the plantation and defence of the faid colony, fuch of our lo Such as have accepted of this charter ought not to complain of parliamentary taxation, unless they understood that they were both to have a reprefentation in their own affemblies, and in the parliament of Britain; whichit is manifeft they never dreamed of. This fhews us that the far greater part of thofe patent privileges are imperfect, and that many arguments taken from grants are in the nature of the thing inconclufive in point of juftice and natural right. Mr Pen, according to his charter, framed a fyftem of government for the ruling the province of Penfylva nia ving fubjects and ftrangers as fhall, and purposes whatfoever, as if they or will, willingly accompany them, and every of them, were born in and to their faid colony and within the realm of England. And plantation, except fuch perfon or we do authorize, and empower perfons as are or fhall be therein the governor, or in his abfence the reftrained by us, our heirs and fuc- deputy-governor for the time beceffors; and alfo to ship and tranfing, to appoint two or more of the port all, and all manner of goods, faidaffiftants, at any of their courts chattels, merchandizes, and other or affemblies to be held as aforethings whatfoever. that are or fhall aid, to have power and authority be useful or neceffary for the in- to adminißer the oath of fupremahabitants of the faid colony, and cy and obedience to all and every may lawfully be tranfported thi- perfon and perfons, which shall at ther; nevertheless not to be difchar- any time or times hereafter go or ged of payment to us, our heirs and pass into the faid colony of Confucceffors, of the duties, cuftoms, necticut'; unto which said assist. and fubfidies, which are or ought ants, fo to be appointed as aforeto be paid or payable for the fame. faid, we do by thefe prefents give And further, our will and pleasure full power and authority to admiis, and we do, for us, our heirs, nifter the faid oath accordingly. and fucceffors, ordain, declare and and we further of our efpecial grant unto the faid governor and grace, certain knowledge, and company, and their fucceffors, mere motion, give and grant unto that all and every the fubjects of the faid governor and company of us, our heirs or fucceffors, which the English colony of Connecticut thall go to inhabit within the faid in New-England in America, and colony, and every of their children their fuccellors, that it fhall and which hall happen to be born may be lawful to and for the gothere, or on the fea, in going thi- vernor, or deputy governor, and ther, or returning from thence, fuch of the affiftants of the said fhall have and enjoy all liberties, company for the time being, as and immunities, of free and natu- fhall be affembled in any of the ral subjects within any of the do- general courts aforefaid, or in any minions of us, our heirs or fuccef- courts to be especially fummoned fors, to all intents, conftructions or affembled for that purpose, or the nia, confifting of forty articles, which both fhew his wifdom and juftice, as proprietor of that province. The preface to the frame, and the form itself, are expreffed as follows: "For particular Frames and Models, it will become me to fay little; and comparatively I will fay nothing. My reasons are: First, That the age is too nice and difficult for it; there being nothing the wits of men are more busy and divided upon. 'Tis true, they' feem to agree in the end, to wit, Happinefs; but in the greater part of them, whereof the governor, or deputy governor, and fix of the affiftants, to be always seven, to erect and make fuch judicatories for the hearing and determining of all actions, caufes, matters, and things happening within the faid colony or plantation, and which thall be in difpute and depending there, as they shall think fit and convenient; and alfo, from time to time, to make, ordain, and establish, all manner of whole fome and reasonable laws, ftatutes, ordinances, directions, and instructions, not contrary to the laws of England, as well for fettling the forms and ceremonies of government and magiftracy, fit and neceffary for the faid plantation, and the inhabitants there, as for naming and ftyling all forts of officers, both fuperior and inferior, which they fhall find needful for the government and plantation of the faid colony, and the diftinguishing and fetting forth of the feveral duties, powers and limits of every such office and place, and the forms of fuch oaths, not being contrary to the laws and ftatutes of this our realm of England, to be adminiftered for the execution of the faid feveral offices and places; as alfo for the difpofing and ordering of the election of fuch of the faid officers as are to be annually chofen, the and of fuch others as fhall fucceed, in cafe of death or removal, and adminiftring the faid oath to the newelected officers, and granting neceffary commiffions, and for impo-. fition of lawful fines, mulets, imprifonments, or other punishments, upon offenders and delinquents, according to the course of other corporations within this our kingdom of England; and the fame laws, fines, mulcts, aud executions, to alter.changé, revoke, annul, release or pardon, under their common feal, as by the faid general affembly, or major part of them, fhall be thought fit; and for the directing, ruling and difpofing of all other matters and things, whereby our faid people, inhabitants there, may be fo religiously, peaceably and civilly governed, as their good life, and orderly converfation, may win and invite the natives of the country to the knowledge and obedience of the only true God and Saviour of mankind, and the Chriftian Faith; which in our royal intentions, and the adventurers free profeffion, is the only and principal end of this plantation; willing, commanding, and requiring, and by thefe prefents, for us, our heirs and fucceffors, ordaining and appointing. that all fuch laws, ftatutes, and ordinances, inftructions, impofitions and directions, as fhall be so made by the means they differ, as to divine, foalfo to this human felicity; and the cause is much the fame, not always want of light and knowledge, but want of ufing them rightly. Men fide with their paffions against their reason, and their finister interests have so strong a bias upon their minds, that they lean to them against the good of the things they know. Secondly, I do not find a model in the world, that time, place, and fome fingular emergencies have not neceffarily altered; nor is it easy to frame a civil government, that fhall ferve all places alike. by the governor, deputy goveihor and affiftants, as aforefaid, and published in writing under their common feal, fhall carefully and duly be observed, kept, performed and put in execution, according to the true intent and meaning of the fame; and thefe our letters patents, or the duplicate or exem-plification thereof, fhall be, to all and every such officers, fuperiors and inferiors, from time to time, for the putting of the fame orders, laws, ftatutes, ordinances, inftructious and directions, in due execution, against us, our heirs and fucceffors a fufficient warrant and difcharge. And we do further, for us, our heirs and fucceffors give and grant unto the faid governor and company and their fucceffors, by thefe prefents, that it fhall and may be lawful to and for the chief commanders, governors and officers of the faid company for the time being, who fhall be refident in the parts of New England here after mentioned, and others inhabiting there, by their leave, admit tance, appointment or direction, from time to time, and all times hereafter, for their fpecial defence and fafety, to affemble, marshal, array, and put in warlike pofture, the inhabitants of the faid colony, and to commiffionate, empower Thirdly, and authorize fuch person or perfous as they fhall think fit, to lead and conduct the said inhabitants. and to encounter, expulse, repel, and refift by force of arms, as weli by fea as by land, and alfo to kill, flay and deftroy, by all fitting ways enterprizes and means whatfoever all and every fuch perfon or perfons as fhall at any time hereafter attempt or enterprize the destruction invafion detriment or annoyance of the said inhabitants and plantations, and to use and exercife the law martial in fuch cases only as occafion fhall require, and to take or furprise, by all ways and means whatfoever, all and every fuch perfon or perfons, with their ships, armour, ammunition, and other goods, of fuch as fhail, in fuch hoftile manner,invade or attempt the defeating of the faid plantation, or the hurt of the faid company and inhabitants, and, upon just causes, to invade and deftroy the natives or other enemies of the faid colony. Nevertheless our will and pleasure is, and we do hereby declare unto all Chriftian kings, princes and states, that if any perfons, which fhall hereafter be of the faid company or plantation, or any other, by appointment of the faid governor and company, for the time being, fhall at any time or times here |