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CHARTER OF CAROLINA.

in what estate of inheritance whatsoever, in fee simple, or fee tayle, or otherwise, as to them and the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, shall seem expedient; the statute made in the parliament of Edward, son of King Henry, heretofore king of England, our predecessor, commonly called the statute of quia emptores terrarum;” or any other statute, act, ordinance, use, law, custom or any other matter, cause or thing heretofore published, or provided to the contrary, in any wise notwithstanding.

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13th. And because many persons born, or inhabiting in the said province, for their deserts and services, may expect and be capable of marks of honor and favor, which, in respect of the great distance, cannot be conveniently conferred by us; our will and pleasure therefore is, and we do by these presents, give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, full power and authority, to give and confer, unto and upon, such of the inhabitants of the said province, as they shall think do or shall merit the same, such marks of favour and titles of honour as they shall think fit, so as these titles of honour be not the same as are enjoyed by, or conferred upon any the subjects of this our kingdom of England.

14th. And further also, we do by these presents, for us, our heirs and successors, give and grant license to them, the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, full power, liberty and license to erect, raise and build within the said province and places aforesaid, or any part or parts thereof, such and so many forts, fortresses, castles, cities, buroughs, towns, villages and other fortifications whatsoever, and the same or any of them to fortify and furnish with ordinance, powder, shot, armory, and all other weapons, ammunition, habilements of war, both offensive and defensive, as shall be thought fit and convenient for the safety and welfare of the said province and places, or any part thereof, and the same, or any of them from time to time, as occasion shall require, to dismantle, disfurnish, demolish and pull down, and also to place, constitute and appoint in and over all or any of

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the castles, forts, fortifications, cities, towns and places aforesaid, governors, deputy governors, magistrates, sheriffs and other officers, civil and mili tary, as to them shall seem meet, and to the said cities, buroughs, towns, villages, or any other place or places within the said province, to grant "letters or charters of incorporation," with all liberties, franchises and priviledges, requisite and usefull, or to or within any corporations, within this our kingdom of England, granted or belonging; and in the same cities, buroughs, towns and other places, to constitute, erect and appoint such and so many markets, marts and fairs, as shall in that behalf be thought fit and necessary; and further also to erect and make in the province aforesaid, or any part thereof, so many mannors as to them shall seem meet and convenient, and in every of the said 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 views of "frank pledge" and "court leet," for the conservation of the peace and better government of those parts within such limits, jurisdictions, and precincts, as by the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, or their heirs, shall be appointed for that purpose, with all things whatsoever, which to a court leet, or view of frank pledge do belong, the said court to be holden by stewards, to be deputed and authorized by the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, or their heirs, or by the lords of other mannors and leets, for the time being, when the same shall be erected.

15th. And because that in so remote a country, and scituate among so many barbarous nations, and the invasions as well of salvages as of other enemies, pirates and robbers, may probably be feared; therefore we have given, and for us, our heirs and successors, do give power, by these presents, unto the said Edward, Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, by themselves, or their captains, or other their officers, to levy, muster and train all sorts of men, of what condition or wheresoever born, in the said province for the time being, and to make war and pursue the enemies aforesaid, as well by sea as by land, yea, even without the limits of the

said province, and by God's assistance to vanquish and take them, and being taken to put them to death by the law of war, or to save them at their pleasure; and to do all and every other thing, which unto the charge of a captain general of an army belongeth, or hath accustomed to belong, as fully and freely as any captain general of an army hath or ever had the same.

16th. Also our will and pleasure is, and by this our charter we give unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, full power, liberty and authority, in case of rebellion, tumult or sedition, (if any should happen,) which God forbid, either upon the land within the province aforesaid, or upon the main sea, in making a voyage thither, or returning from thence, by him or themselves, their captains, deputies and officers, to be authorized under his or their seals for that purpose, to whom also, for us, our heirs and successors, we do give and grant by these presents, full power and authority, to exercise martial law against mutinous and seditious persons of those parts, such as shall refuse to submit themselves to their government, or shall refuse to serve in the wars, or shall fly to the enemy, or forsake their colours or ensigns, or be loyterers or straglers, or otherwise howsoever offending against law, custom or discipline military, as freely and in as ample manner and form as any captain general of an army by vertue of his office, might or hath accustomed to use the

same.

17th. And our further pleasure is, and by these presents, for us, our heirs and successors, we do grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, and to all the tenants and inhabitants of the said province of Carolina, both present and to come, and to every of them, that the said province and the tenants and inhabitants thereof, shall not from henceforth be held or reputed a member or part of any colony whatsoever in America, or elsewhere, now transported or made, or hereafter to be transported or made; nor shall be depending on, or subject to their government in anything, but be absolutely seperated and divided from the same; and our pleasure is, by these presents, that they be seperated, and that they be subject imme diately to our crown of England as depending thereof forever; and that the inhabitants of the

said Province, nor any of them, shall at any time hereafter be compelled or compellable, or be any ways subject or liable to appear or answer to any matter, suit, cause or plaint whatsoever, cut of the Province aforesaid, in any other of our islands, colonies, or dominions in America or elsewhere, other than in our realm of England, and dominion of Wales.

18th. And because it may happen that some of the people and inhabitants of the said province, cannot in their private opinions, conform to the publick exercise of religion, according to the liturgy, form and ceremonies of the church of England, or take and subscribe the oaths and articles, made and established in that behalf, and for that the same, by reason of the remote distances of these places, will, we hope be no breach of the unity and uniformity established in this nation; our will and pleasure therefore is, and we do by these presents, for us, our heirs and successors, give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, full and free license, liberty and authority, by such legal ways and means as they shall think fit, to give and grant unto such person or persons, inhabiting and being within the said province, or any part thereof, who really in their judgments, and for conscience sake, cannot or shall not conform to the said liturgy and ceremonies, and take and subscribe the oaths and articles aforesaid, or any of them, such indulgencies and dispensations in that behalf, for and during such time and times, and with such limitations and restrictions as they, the said Edward Earl of Clarendon, George Duke of Albermarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs or assigns, shall in their discretion think fit and reasonable; and with this express proviso, and limitation also, that such person and persons, to whom such indulgencies and dispensations shall be granted as aforesaid, do and shall from time to time declare and continue, all fidelity, loyalty and obedience to us, Sur heirs and successors, and be subject and obedient to all other the laws, ordinances, and constitutions of the said province, in all matters whatsoever, as well ecclesiastical as civil, and do not in any wise disturb the peace and safety thereof, or scandalize or reproach the said liturgy, forms and ceremonies, or anything relating thereunto, or any person or persons whatsoever,

EARLY LIFE OF WILLIAM PENN.

for or in respect of his or their use or exercise thereof, or his or their obedience and conformity, thereunto.

19th. And in case it shall happen, that any doubts or questions should arise, concerning the true sense and understanding of any word, clause or sentence contained in this our present charter, we will, ordain and command, that at all times, and in all things, such interpretation be made thereof, and allowed in all and every of our courts whatsoever, as lawfully may be adjudged most advantageous and favourable to the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, although express mention be not made in these presents, of the

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true yearly value and certainty of the premises,
or any part thereof, or of any other gifts and
grants made by us, our ancestors, or predecessors,
to them the said Edward Earl of Clarendon,
George Duke of Albemarle, William Lord Craven,
John Lord Berkley, Anthony Lord Ashley, Sir
George Carteret, Sir William Berkley, and Sir
John Colleton, or any other person or persons
whatsoever, or any statute, act, ordinance, provi-
sion, 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, &c.

Witness the King, at Westminster, the four and twentieth day of March, in the fifteenth year of our reign, (1663).

PER IPSUM REGEM.

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CHAPTER XIV.

1681-1688.

THE FOUNDING OF PENNSYLVANIA.

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William Penn and his early career- Obtains patent for Pennsylvania - The boundaries of the grant and the provisions of the charter- Settlers already within the limits of Pennsylvania - Proposals to emigrants Penn's letter to the Indians - His "Frame of Government "-The Duke of York releases claim to territory Penn arrives in America - The Delaware territory annexed to Pennsylvania-Regulations for the government of the colony-Enactment of the code of laws - The boundary dispute - Penn's interview with the Indians Land purchased from the Indians - Philadelphia founded — School opened - New code of laws enacted Settlers from New York- Penn's return to England - Growth of the settlement Disputes in Pennsylvania carried to England - Penn makes changes in government of the colony-The Delaware territory secures separate government - Penn deprived of administration of colonial affairs. Append!x to Chapter XIV.-I. Charter of Pennsylvania. II. Penn's Frame of Government, 1682.

We have already had occasion to speak of William Penn in connection with affairs in New Jersey, which constituted his first connection with American colonial history. From that time Penn continued to take an interest in the New World and rapidly rose in the estimation and respect of his contemporaries.* He He was the only son of Admiral Sir William Penn, who had distinguished himself

*See Doyle's characterization in Middle Colonies, p. 380 et seq.

VOL. I.-26

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Young Penn had become converted to the doctrines of the new sect, and because he advocated the new religion he was expelled from the University and fined. For this conduct the old Admiral, his father, turned him out of doors, but upon persuasion of other relatives, finally sent the young man to make a tour of Europe in hope that life in the outside world might create a change and cool his ardor. On the contrary, Penn became still more enthusiastic regarding the new religion, and his travels only gave him a greater breadth of mind and a little more polished manners.*

When he returned from the continent, he took up a course of study in law at Lincoln's Inn, where he was considered quite "a modish fine gentleman." "The glory of the world," he says, "overtook me, and I was even ready to give up myself unto it "; but his sense of the vanity of the world and the "irreligiousness of its religions," were once again aroused by a chance meeting with the same preacher who had converted him, which happened upon the occasion of a journey to Ireland. Penn became still more enthusiastic than ever, now determining to cast his lot in with these advocates of brotherly love and impartial toleration. "God in his everlasting kindness," he declares,

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felt that he had received a call to preach his newly adopted doctrines, and in spite of many hardships and trials, he continued to follow the career upon which he had embarked, both at home and abroad. After suffering imprisonment in Ireland, he was released and then returned to England, only to be received on his return with derision and animosity, which called forth another outburst of rage on the part of his father, who for a second time forbade him the house. To Penn, whose spirit could not be broken by the trials through which he had gone, menaces and promises were alike in vain. After having been sent to the Tower, he said, "Tell my father that my prison shall be my grave before I will budge a jot, for I owe my conscience to no mortal man. I have no need to fear.

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God will make amends for all." This statement further aroused the resentment of the father, and for several months he made no effort to secure his son's release from the Tower, but finally through the influence of the Duke of York, Penn was pardoned and sent out to enjoy freedom. 1670, when his father was on his deathbed, a complete reconciliation took place between the two, and at that time the father committed young Penn and his claims upon the government to the good offices of the Duke of York, with whom Penn was quite a favorite.*

See A. C. Buell, William Penn as the Founder of Two Commonwealths (1904); Fisher, The True

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1. PETER STUYVESANT. (Director General of New Netherland.) 2. JAMES EDWARD OGLETHORPE. (Governor of Georgia.) 3. WILLIAM PENN. (Proprietor of Pennsylvania.)

4. SIR WILLIAM JOHNSON. (Indian Commissioner.)

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