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Pean, &c.

meaning of any word, clause, or sentence, con- 1681. tained in this our present charter, we will, ordain m and command, that, at all times, and in all things, Double such interpretation be made thereof, and allowed, meaning of in any of our courts whatsoever, as shall be ad- be in favor judged most advantageous and favorable unto the of William said William Penn, his heirs and asigns: Provided always, no interpretation be admitted thereof, by which the allegiance due unto us, our heirs and fucceffors, may fuffer any prejudice or diminution; although express mention be not made, in these presents, of the true yearly value, or certainty of the premises, or any part thereof, or of other gifts and grants, made by us, and our progenitors, or predecessors, unto the said William Penn: Any statute, act, ordinance, provision, proclamation, or restraint, heretofore had, made, published, ordained, or provided, or any other thing, cause, or matter whatsoever, to the contrary thereof in any wise notwithstanding. In Witness whereof we have caused these our letters to he made patent: Witness Ourself, at Westminster, the fourth day of March, in the three and thirtieth year of our reign, Annoque Domini one thousand fix hundred and eighty

Date

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Of the

By the first section of this charter the extent and boundary of the province are expressed in such boundary plain terms, that it might reasonably be fupposed between they could not well, or easily, be misunderstood: and Pennthree degrees of latitude, included and bounded, fylvania. between the beginning of the fortieth, and the beginning of the forty-third degree of north latitude, equal to about two hundred and eight English statute miles, north and south, with five degrees of longitude, westward from Delaware river, which, in the parrallel of forty-one degrees, are equal to

nearly

1681. nearly two hundred and fixty-five miles, east and ~ west, are as clearly and manifestly expressed to be

granted to the proprietary of Pennsylvania, as words can do it; and we are otherwise sufficiently certified that the same space, or quantity of ļand, was intended by the King to be included in the faid grant; yet the dispute between the proprietaries of Maryland and Pennsylvania, on this point, was afterwards remarkable, and of many years continuance; occasioned by each of the respective proprietaries claiming to himself the whole space, or extent, of the land, contained in the fortieth degree of latitude; which was the north boundary of Maryland, by patent of that province; and which, though prior to that of Pennsylvania, specifies, or assigns, no particular part of the faid de gree, for the boundary, as the Pennsylvania grant doth: which space, or degree, containing near feventy English miles in breadth, north and south, and in length westward, so far as Maryland ex. tends, was no small matter to occasion a dispute.

But notwithstanding the clearness of the terms, by which the boundary between the faid pro: vinces is expressed in their respective charters, as above mentioned, yet this dispute was, at length, in the year 1732, finally settled chiefly in favor of Maryland'; by fixing the faid boundary between the two provinces, only fifteen miles due fouth of the most southerly part of Philadelphia, or in the parallel of 39 degrees, 44 minutes nearly, instead of 39 degrees, or at the beginning of the fortieth

degree, as mentioned and intended by charter; Rester which renders the real extent of Pennsylvania,

north and fouth, only about 155 miles, instead

of 208, and makes the square miles, in the proPennsylvania at pre- vince about 41,000, and the number of acres,

, 26,288,000 or near twenty-six millions.

In consequence of this charter, on the second day of April, next ensuing, the King issued a declara

tion large appear.

tent and content of

fent,

tion to the inhabitants and planters of Pennsylvania, 1681.
expressive of the grant, describing the bounds of
the province, and enjoining them to yield all due The King
obedience to the proprietary, &c. according to the claration.
powers granted by the faid charter."*

Willam Penn, having obtained these proper requi- W. Peno sites, immediately published such account of the

publishes an province, as could then be given; with the royal the procharter, and other papers relative thereto, offering

vince, &c. easy terins of sale for lands, viz. forty shillings sterling for one hundred acres, and one shilling per

7

account of

annum

• This declaration was as follows, viz.

" Charles R.
Whereas his majesty, in consideration of the great merit and faithful
services of Sir William Penn, deceased, and for divers other good causes,
him thereunto moving, hath been graciously pleased, by letters-patent,
hearing date the fourth day of March, last past, to give and grant unto
William Penn, Esquire, fon and heir of the said Sir William. Penn, all
that tract of land in America, called by the name of Pennsylvania, as the
fame is bounded, on the east, by Delaware river, from twelve miles disa
tance northward of New-cafile town, unto the three and fortieth degree
of northeru latitude, if the said river doth extend so far northward; and,
if the said river shall not extend so far northward, then, 'by the said ri-
ver, so far as it doth extend, and fro:n the head of the said river, the
ealtern bounds to be determined by a meridian line, to be drawn from
the head of the said river, unto the said three and foriieth degree; and the
faid province to extend westward five degrees in longitude, to be com-
puted from the said eastern bounds; and to be bounded on the north by
the beginning of the three and fortieth degree of northern latitude, and
on the south, by a circle drawn at twelve miles distance, from Nezan
caffle, northward and westward unto the beginning of the fortieth de-
gree of north latitude, and then hy a straight line westward to the limit
of longitude, above mention,'; together with all powers, preheminences
and jurisdi&ions, necessary for the government of the said province, as
by the faid letters patent, reference being thereunto had, doth more at

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" His majesty doth, therefore, hereby publish and declare his royal will and pleasure, that all persons settled, or inhabiting within the limits of the said province, do yield all due obedience to the said Willam Penn, his heirs and assigns, as absolute proprietaries and governors thereof, as also to the deputy, or deputies, agents or lieutenants, lawfully commissioned by him, or them, according to the powers and authorities, granted by the faid letters patent, wherewith his Majesty expects and requires a ready compliance from all persons whom it may concern, as they tender his Majesty's displeasure.

« Given at the Court, at White-hall, the second day of April
1681, in the three and thirtieth year of our reign."
By his Majesty's special command,

CONWAY

1681. annum forever;* and good conditions of settie. wwment, to such as chose to be adventurers in the new country.

This

* This one billing for ever, is the original institution of the Quit-rents in the province; which is a compact as old, and to be held equally binding and inviolable, as that for the first purchase money:--Respecting which, in the first, or early publications, concerning the province, I find the following observations then made, viz.

• The province is cast at a penny an acre; but he sets apart several parcels, which he calls shares; these he fells saving a Onit-rent, necessary to secure the title and tenure; that is, whereas five choufund acres (which make a share) come, at a penny an acre, to 20 pounds, 16 shillings and 8 pence, yearly. For one hundred pounds paid down, he fells that yearly rent for 18 pounds, 6 hillings and 8 pence; ard reserves but fifty fhillings; which may be reduced, as the purchaser pleaseth; but something must be reserved, for security of the title,” &c. Again

« The Mares I fell be certain, as to the number of acres; that is to fans every one shall contain five thoufand acres; the price, one hundred pounds; and for the Quit-rent, one English shilling or the value of it, yearly, for a hundred acres; which, such as will, may now, or hereafter, buy off, to an inconsiderable matter; but, as I hold by a small rent, of the King, so all must hold of me, by a smallrent, for their own security," &c.

in the disputes, which afterwards happened between fome of the Lieu. tenant Governors, and the Assemblies, these quit-rents notwithilanding appear to have been regarded, by the latter, as a grievance; and the apo plication of them has been insinuated, as intended, at first, by the proprietor himself, for the support of the government, more especially that of the Leiutenant Governors: But as I find nothing autiiertic, on record, to countenance this infinuation, I shall here infert part of a reply of one of these governors to the Afsenilly, in 1708, on the subject, in the fol lowing words; which I have never seen confured, viz.

-“ It is very reasonable to believe that the proprietary, having Sold lands, to a great value, received considerable {ums for thein; and we find hc reserved a quit-rent on them all; but, theri, upon enquiry, I perceive, that, in consideration of the money, and those quit rents, the proprietary, by fırın, but common deeds of fale, granted the purchasers a frce cflate of large tracts of land, which they, or some in their behalf, pow enjoy; and, am toid, that there is not, in any of these deeds, one warranty, to defend the possessor againt hostile, or invasive, force, or one covenant, that mentions government, or the fupport of it, in any of thein all; but that forty filling's down, and one sbilling yearly, was the consideration paid, on the one hand, for an hundred acres of land granted on the other.

“ I am fenfible, gentlemen, I have been told of these quit-rents once before, to the great surprize of those, that heard it, and knew much more of the matter, than I could, at that time; but, upon a full fcrutiny into the whole, by some whom it concerned, I perceived there could not be one trace found of any such compact, but in the pretended memory of two or three persons, who were noted to have stronger prejudices, than reafon; and who, in these points, were not too much to he relied on; and was informed, that, for the many years before this government wanted supplies, this notion had never once been heard of, but was just then

Itarted Part of

This offer and invitation, to the people, he mix. 1681. ed, or qualified, with such Christian caution and advice, as indicated a real concern both for their temporal and eternal felicity, which he closed in these words:

6. To conclude, I defire all my dear country-folks, who may be inclined to go into those William parts, to consider seriously the premises, as well Penn's adthe inconveniency as future ease and plenty; that so adventunone may move rashly, or from a fickle, but from ter's, &c. a folid, mind; having, above all things, an eye to the providence of God, in the disposing of themfelves; and I would further advise all such, at least, to have the permission, if not the good liking, of their near relations; for that is both natural, and a duty incumbent upon all. And by this will natural affections be preserved, and a friendly and profitable correspondence between them; in all which I beseech Almighty God to direct us; that his blessing may attend our honest endeavours; and then the consequence of all our undertakings will turn to the glory of his great name, and all true happiness to us, and our posterity. Amen."

On publishing these proposals, a great number of purchasers soon appeared, in London, Liverpool, fociety of and especially about Bristol; among these were traders, 62 James Claypole, Nicholas Moore, Philip Forde, and Others, who formed a company, called, The free Society of Traders in Pennsylvania. These last mentioned persons, with William Sharloe, Edward Pierce, John Simcock, Thomas Bracy and Edward Brooks, having purchased 20,000 acres of land, in trust for the said company, published articles of

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The free

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trade,

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farted, and perceived it to be greedily laid hold ci by come, those nasTowness made every pretence, to save money, vety acceptable; and partly by others, to whoni any kind of handie, to obtrud business, was no le's agreeable; but was entirely exploded by such as were much better judges, from clearer reasons, and better opportunities of knowing; so that, up. on the whole, gentlemen, I find the proprietary, and those concerned for him, account, that those quit-rents, and the government here, are no more related, than his eftate, in Europe is to that of Great Britain.".

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