any part, to meaning of any word, claufe, or fentence, con- 1681. tained in this our prefent charter, we will, ordain and command, that, at all times, and in all things, Double fuch interpretation be made thereof, and allowed, meaning of in any of our courts whatfoever, as fhall be ad- be in favor judged moft advantageous and favorable unto the of William faid William Penn, his heirs and affigns: Provided Penn, &c. always, no interpretation be admitted thereof, by which the allegiance due unto us, our heirs and fucceffors, may fuffer any prejudice or diminution; although exprefs mention be not made, in these prefents, of the true yearly value, or certainty of the premifes, or any part thereof, or of other gifts. and grants, made by us, and our progenitors, or predeceffors, unto the faid William Penn: Any ftatute, act, ordinance, provifion, proclamation, or reftraint, heretofore had, made, published, ordained, or provided, or any other thing, caufe, or matter whatfoever, to the contrary thereof in any wife notwithstanding. In Witnefs whereof we have caused these our letters to he made patent: Witness Ourfelf, at Westminster, the fourth day of March, in the three and thirtieth year of our reign, Annoque Domini one thousand fix hundred and eighty one. By writ of Privy Seal, PIGOTT." Date By the first section of this charter the extent and Of the boundary of the province are expreffed in fuch boundary plain terms, that it might reafonably be fuppofed between Maryland they could not well, or eafily, be mifunderstood: 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 ftatute miles, north and fouth, with five degrees of longitude, weftward 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 manifeftly expreffed to be granted to the proprietary of Pennsylvania, as words can do it; and we are otherwife fufficiently certified that the fame fpace, or quantity of land, was intended by the King to be included in the faid grant; yet the dispute between the proprietaries of Maryland and Pennfylvania, on this point, was afterwards remarkable, and of many years continuance; occafioned by each of the respective proprietaries claiming to himfelf 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, fpecifies, or affigns, 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 fouth, and in length weftward, fo far as Maryland ex-· tends, was no fmall matter to occafion a dispute. But notwithstanding the clearness of the terms, by which the boundary between the faid provinces is expreffed in their respective charters, as above mentioned, yet this difpute was, at length, in the year 1732, finally fettled chiefly in favor of Maryland; by fixing the faid boundary between the two provinces, only fifteen miles due fouth of the most foutherly 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; which renders the real extent of Pennfylvania, north and fouth, only about 155 miles, instead content of of 208, and makes the fquare miles, in the proPennsylvania at pre- vince about 41,000, and the number of acres, 26,288,000 or near twenty-fix millions. Real extent and fent. In confequence of this charter, on the fecond day of April, next enfuing, the King iffued a declara tion to the inhabitants and planters of Pennsylvania, 1681. expreffive of the grant, defcribing the bounds of m 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.”* iffues a de account of Willam Penn, having obtained these proper requi- w. Penn fites, immediately published fuch account of the publishes an province, as could then be given; with the royal the procharter, and other papers relative thereto, offering vince, &e eafy terms of fale for lands, viz. forty fhillings fterling for one hundred acres, and one fhilling per This declaration was as follows, viz. "Charles R. annum Whereas his majesty, in confideration of the great merit and faithful fervices of Sir William Penn, deceased, and for divers other good causes, him thereunto moving, hath been graciously pleased, by letters-patent, bearing date the fourth day of March, laft paft, to give and grant unto William Penn, Efquire, fon and heir of the faid Sir William Penn, all that tract of land in America, called by the name of Pennfylvania, as the fame is bounded, on the eaft, by Delaware river, from twelve miles dif tance northward of New-cafle town, unto the three and fortieth degree of northeru latitude, if the faid river doth extend fo far northward; and, if the faid river fhall not extend fo far northward, then, by the faid ri ver, fo far as it doth extend, and from the head of the faid river, the eattern bounds to be determined by a meridian line, to be drawn from the head of the faid river, unto the faid three and fortieth degree; and the faid province to extend westward five degrees in longitude, to be computed from the faid eastern bounds; and to be bounded on the north by the beginning of the three and fortieth degree of northern latitude, and on the fouth, by a circle drawn at twelve miles diftance, from Newcaffle, northward and weftward unto the beginning of the fortieth degree of north latitude, and then by a ftraight line weftward to the limit of longitude, above mention; together with all powers, preneminences and jurifdictions, neceffary for the government of the faid province, as by the faid letters patent, reference being thereunto had, doth more at large appear. "His majefty doth, therefore, hereby publish and declare his royal will and pleasure, that all perfons fettled, or inhabiting within the limits of the faid province, do yield all due obedience to the faid Willam Penn, his heirs and affigns, as abfolute proprietaries and governors thereof, as alfo to the deputy, or deputies, agents or lieutenants, lawfully commiffioned by him, or them, according to the powers and authorities, granted by the faid letters patent, wherewith his Majefty expects and requires a ready compliance from all perfons whom it may concern, as they tender his Majefty's difpleasure. "Given at the Court, at White-ball, the second day of April By bis Majefty's special command, CONWAY." 1681. annum forever;* and good conditions of fettlement, to fuch as chofe to be adventurers in the new country. This * This one filling for ever, is the original inftitution 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 firft, or early publications, concerning the province, I find the following obfervations then made, viz. "The province is caft at a penny an acre; but he fets apart feveral parcels, which he cafis shares; these he fells saving a Qnit-rent, necessary to fecure the title and tenure; that is, whereas five thousand acres (which make a fhare) come, at a penny an acre, to 20 pounds, 16 fhillings and 8 pence, yearly. For one hundred pounds paid down, he fells that yearly rent for 18 pounds, 6 fhillings and 8 pence; and referves but fifty fhillings; which may be reduced, as the purchaser pleaseth; but something must be referved, for fecurity of the title," &c. Again "The fhares I fell be certain, as to the number of acres; that is to fa", every one fhall contain five thoufand acres; the price, one hundred pounds; and for the Quit-rent, one English fhilling or the value of it, yearly, for a hundred acres; which, fuch as will, may now, or hereafter, buy off, to an inconfiderable matter; but, as I hold by a small rent, of the King, fo all must hold of me, by a small rent, for their own security," &c. pro In the disputes, which afterwards happened between fome of the Lieutenant Governors, and the Affemblies, these quit-rents notwithitanding appear to have been regarded, by the latter, as a grievance; and the ap plication of them has been infinuated, as intended, at first, by the prietor himself, for the support of the government, more especially that of the Leiutenant Governors: But as I find nothing authentic, on record, to countenance this infinuation, I fhall here infert part of a reply of one af thefe governors to the Affembly, in 1708, on the fubject, in the foi lowing words; which I have never feen confuted, viz. "It is very reafonable to believe that the proprietary, having fold lands, to a great value, received confiderable fums for thein; and we find he referved a quit-rent on them all; but, then, upon enquiry, I perceive, that, in confideration of the money, and thofe quit-rents, the proprietary, by firm, but common deeds of fale, granted the purchasers a free eftate of large tracts of land, which they, or fome in their behalf, now enjoy; and, am told, that there is not, in any of these deeds, one warranty, to defend the poffeffor against hoftile, or invafive, force, or one covenant, that mentions government, or the fupport of it, in any of them all; but that forty fillings down, and one fbilling yearly, was the confideration 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 furprize of thofe, 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 fome whom it concerned, I perceived there could not be one trace found of any fuch 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 be relied on; and was informed, that, for the many years before this government wanted fupplies, this notion had never once been heard of, but was just then ftarted This offer and invitation, to the people, he mixed, or qualified, with fuch Christian caution and advice, as indicated a real concern both for their temporal and eternal felicity, which he clofed in thefe words:- 1681. Part of vice to the “To conclude, I defire all my dear country-folks, who may be inclined to go into thofe william parts, to confider fericufly the premifes, as well Penn's adthe inconveniency as future eafe and plenty; that fo adventu none may move rafhly, or from a fickle, but from rer's, &c. a folid, mind; having, above all things, an eye to the providence of God, in the difpofing of themfelves; and I would further advise all fuch, at least, to have the permiffion, 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 preferved, and a friendly and profitable correfpondence between them; in all which I befeech Almighty God to direct us; that his bleffing may attend our honeft endeavours;" and then the confequence of all our undertakings will turn to the glory of his great name, and all true happiness to us, and our pofterity. Amen." The fre On publishing thefe propofals, a great number of purchasers foon appeared, in London, Liverpool, fociety of and especially about Bristol; among thefe were traders, & James Claypole, Nicholas Moore, Philip Forde, and others, who formed a company, called, The free fociety of Traders in Pennsylvania. Thefe laft mentioned perfons, with William Sharloe, Edward Pierce, John Simcock, Thomas Bracy and Edward Brooks, having purchased 20,000 acres of land, in truft for the faid company, published articles of trade, ftarted, and perceived it to be greedily laid hold of by fome, whofe narrowness made every pretence, to fave money, very acceptable; and partly by others, to whom any kind of handie, to obstruct business, was no lefs agreeable; but was entirely exploded by fuch as were much better judges, › from clearer reafons, and better opportunities of knowing; fo that, upon the whole, gentlemen, I find the proprietary, and thofe 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."- |
