An Onondaga Sachem, who had formerly been Speaker for the Six Nations on several publick Occasions, rose up and spoke: What he said was publickly interpreted, in the Hearing of several who understood the Indian Language well, as follows:

The Person who interpreted, returned the Yo-hah at the End of every Paragraph, and having done the same at the Time they declared War, it occasioned Laughter among them; upon which, observing his Mistake, he began the War-Shout, in which all the Indians joined.

The Messesagues are a Nation of Indians, living near the Place called De Troit by the French, and situate between Lake Erie and the Huron Lake.

After the Speaker had finished, his Excellency told them by the Interpreter, that the King their Father had ordered him to make them a Present on this Occasion; and that the Government of Virginia had on the same Occasion, sent them a Present. The Commissioners from Boston at the same Time told them, that they had a Present from their Government; and as they were soon to return Home, desired the Six Nations to come to their Lodgings to receive it; on which the Indians desired his Excellency to delay his Present to next Day, and they immediately went to receive their Presents from the Commissioners of the Massachusets-Bay.

The next Day, the Presents from the King being exposed on one Part, and those from Virginia separately near them, it was agreed by the People of Albany, who had seen many publick Presents given to the Six Nations on Treaties with them, that this was the most valuable ever given. His Excellency on giving the Presents, said;

What his Excellency said having been interpreted by a Mohawk Sachem, the Sachem added of his own Head, You now see how you are here treated, really like Brethren; the Governor of Canada does not treat his Indians so; they are set on like his Dogs, and they run on without Thought or Consideration: You see what a noble Present is made to you; if the Governor of Canada should seize all the Goods in that Country, it would not be in his Power to make such a Present.

The Onondaga Sachem, Speaker of the Six Nations, immediately replied,

That Day was spent in dividing the Presents among themselves. We were told, that these Presents were divided into eight equal Parts, of which they gave two to the Messesague Deputies.

The next Day the War-Kettle was set over the Fire, and towards Evening the Indians in his Excellency's Presence, where many Gentlemen attended him, began the War-Dance, and continued it till late in the Night: They were painted as when they go to War. The Dance is a slow and solemn Motion, accompanied with a pathetick Song. The Indians in their Turns perform this singly, but it is not easy to describe the Particularities of it.

His Excellency call'd several of the chief Sachems who had been useful in the Treaty, to him in private, and gave them Presents severally; neither did he forget the Messesague Deputies: He had a particular Conference with one of them in private, the other was sick of the Small-Pox. At this Conference, this Deputy assured his Excellency of the good Inclinations of his Nation to the English, and their Aversion to the French; he said, 'That many of the Nations to the Westward of them, disliked the French;' and as an Instance of it, he told, 'That the French lately having pressed a neighbouring Nation to take up the Hatchet against the English, they received it; but made Use of it against the French themselves, and kill'd all the French then with them, being sixty in Number, with the Loss of only one Man of their own Nation.' His Excellency made him handsome Presents, and gave him a Belt to carry to his Nation, with an Invitation to join in the War against the French; the Messesague received them with a Profession of the most sincere and hearty Friendship; and that he made no doubt of bringing two, three, or four hundred Men of his Nation, to serve this Fall against the French. He added, 'That he and several of his Relations would immediately use their best Endeavours, with several other Nations to the Westward of them, who were numerous, to join against the French; in which, he said, he had great Hopes of Success, because they were dissatisfied with the French.'

His Excellency took all possible Care of the sick Messesague, had him brought into a House, and ordered him, to be attended by two Physicians; but the poor Man had the Misfortune to die, after he had been above a Fortnight ill. When he found himself near his End, he sent to the Governor, to desire him as his last Request, that his Excellency would send the first French Scalp that should be taken, to his Mother; and when he was told that his Excellency had promised it, he shewed a Contentedness and Resignation to Death. This Misfortune was increased by the Death of the other Messesague Deputy likewise, who was taken ill in his Way Home, and died. The Six Nations took Care of their Wives and Children, who had come with them; and it was not doubted but that they, and all the Presents given them, would be safely conveyed to their own Homes.

Having so far given an Account of what passed with the Six Nations, it may be proper next to relate the Treaty with the Mehikanders, or River Indians, viz. The several Tribes of Indians living at several Places on each Side of Hudson's River.

On his Excellency's Arrival at Albany, having found that there had been a Neglect in sending for the Esopus and Minissink Indians, he sent Orders for them to be invited. The Mehikanders being conveened the 21st, his Excellency directed Mr. Colden to speak to them in his Name and Words; which Mr. Colden did; the other Gentlemen of the Council, the Commissioners from Boston, the Commissioners for Indian Affairs, and several other Gentlemen being present, in the Words following:

On the 26th they gave their Answer, which was interpreted in the following Words; (the same Persons being present, that were when the Governor's Speech was delivered to them.)

After their Answer they began the War-Dance, and his Excellency ordered a considerable Present in Goods to be publickly given them. None of these are suspected to be under French Influence.

As there was no Advice of the Arrival of the Fleet, and no Plan of Operations agreed on in Case the Fleet did not arrive, the supporting of about seven hundred Indians was a great Expence to his Excellency, for which he had no Allowance from the Province of New-York, or for any other Charge attending this Treaty: And as many of the Indians, (above twenty) had got the Small-pox, it being impracticable to prevent their going into Town, or conversing with the Town's People, and the Indians becoming uneasy by Reason of the Sickness of many, and Death of some; his Excellency thought it most prudent to dismiss them as soon as possible from this Place, and to give Orders to Mr. Johnson, to send out several Parties from Schenectade, or his own Settlement near the lower Mohawk Castle, to harrass the French Settlements in Canada; and for that Purpose delivered to him Cloathing, Arms and Ammunition, to be given to the fighting Men, as his Excellency had promised them whenever they entered on Service, and impowered him to furnish them with Provisions, and whatever Necessaries they should want.

Before they went, his Excellency sent to them, to desire them to leave their Sick, with a Promise to take all Care possible of them, and that he would order Physicians to attend them. They were very sensible of this Kindness, and acknowledged it; but not above two or three could be prevailed to stay, who were so ill that they could not be removed: All possible Care was taken of the other Sick, in the Waggons which carried them to Schenectade.

On the 26th of September, the Captains Staats and Vromen, brought the Indians living on the Branches of the Susquehannah River; they came in the Indian Order, marching in a single Line one after the other, and as they passed the Fort, saluted by a running Fire along the Line; which Salute the Governor ordered to be returned, by a Discharge of some Cannon from the Fort.

On Monday the 8th of the same Month his Excellency spoke to them, telling them the Substance of what he had ordered to be said to the Six Nations, and their Answer; and as this has been set forth at Length before, it is needless to repeat what was then said. The Reason of his Excellency's speaking to them in this Manner was, because these Nations living on the Susquehannah River and its Branches, are known to be Dependents on the Six Nations.

The next Day they gave their Answer; the Gentlemen of the Council, the Commissioners for Indian Affairs, the Corporation of Albany, the Officers of the four Independent Companies, and several Officers of the new Levies, and other Gentlemen being present, as they were when his Excellency spoke to the Indians: Their Answer was publickly interpreted as follows;

Upon which his Excellency threw down a Hanger, which the Speaker took up and began the War-Dance, and several others danced the same after him.

After which they desired his Excellency to take Care of them, as he had promised.

His Excellency returned them Thanks for their so readily taking up the Hatchet; he said, that he would presently set the War-Kettle over the Fire, and provide them with every Thing necessary for the War. His Excellency gave them a handsome Present in publick for their Nations in general, and private Presents to their principal Sachems; one of which promised, that after his return Home, he would go round all the Indian Settlements, to invite them into the War against the French, and their Indians; and that he did not doubt to be able to bring six hundred Men from the Indian Settlements on the Susquehannah River and its Branches, to march at any Time, and to any Place, his Excellency should appoint, in order to join the Forces intended against Canada; in the mean Time they would cause a Party of their Men to go out with his Men to scour the Woods, and clear them of the French sculking Indians.

About this Time, a Serjeant of Capt. Livingston's Company was surprized and killed by a sculking Party of French Indians: In a few Minutes after the Account of this came to his Excellency, who happened to be dining at that Time in Capt. Wrexall's Tent, fourteen of the Susquehannah Indians were observed running past the Tent, in order to cross the River, and meet the French Indians; which his Excellency observing, and being apprehensive that they might meet with some of the Parties of the new Levies that were gone out for the same Purpose, and that they might be in Danger of being attacked through Mistake; he ask'd if any of the Guard which then attended, would voluntarily go along with the Indians? Two Men offered themselves, who went with one who understood the Indian Language, in order to prevent Mistakes. Happy it was that this Precaution was taken; for Capt. Fanning with a great Part of his Company, having gone out with the same Intention of intercepting the French Indians, he discovered this Party of our Indians, and taking them to be French Indians, he kept his Men under the Cover of some Bushes, with their Arms ready to fire, expecting the nearer Approach of the Indians; when one of the Christians who were with them, observing Capt. Fanning's Men, called out, and came up to Capt. Fanning when his Men were ready to fire. None of the Parties that went out were able to discover any of the Enemy.

His Excellency afterwards sent out sixteen of these Indians, and cloathed them for that Purpose, together with about sixty Men detached from the Companies levied in the County of Albany, in order to scour the Woods, and to advance as far as the Lakes to gain Intelligence, by taking Prisoners or otherwise. While this Party was out, some of the Indians fell sick, and the others being apprehensive of the same Misfortune, they return'd, after having been but a few Days in the Woods. His Excellency then perceiving the Uneasiness the Indians were under from the Apprehensions of Sickness, found it necessary to dismiss them all, on their Promise to return, whenever his Excellency should order, with all the Force they shall be able to collect; and which, they said, as before observed, might amount to six hundred Men. The Number of Indians that came at this Time from the Susquehannah River, consisted only of about sixty fighting Men, besides old Men, Women, and Children: More had come near to Albany, but having there heard of the Small-pox and Sickness that was at Albany, and that many of the Six Nations had catched the Infection, and several of them were dead, they returned back.

After the Six Nations left Albany, many of them were taken sick on their Way Home, before they reached the Mohawk Castles, and a considerable Number of the briskest young Men of the Mohawks died. This retarded the Execution of the Order given to Mr. Johnson, to send out Parties to harrass the French Settlements in Canada, though he used all the Means in his Power to effect it. While he was pressing them to this Purpose, one of the Sachems who had promised to head a Party from the Canajohary Castle, said, You seem to think that we are Brutes, that we have no Sense of the Loss of our dearest Relations, and some of them the bravest Men we had in our Nation: You must allow us Time to bewail our Misfortune.

About ten Days before his Excellency left Albany, a Party of upwards of seventy Men, consisting of some of each Nation, went against Canada: Some Christians were of the Party to assist and direct, and to be Witnesses of the behaviour of the Indians. They were to avoid all the Lakes, and the usual Roads and Passes to Canada, and were to go thro' the Woods over Mountains, that are seldom passed, to prevent the Enemies discovering them: But after these had been out, Capt. Butler's Son, to whom the chief Direction of this Party was committed, was taken ill of the Small-pox, and five of the Indians were obliged to return to carry him Home. Another small Party was sent out to take Prisoners, and gain Intelligence at Crown-Point. At the writing of this, it is not known what Success they have had.

When the Six Nations had come as far as the lower Mohawk Castle, in their return Home, they were met by about six Men of their own Nations, who delivered a Message from Canada, which had been brought by the Indian who was taken by the French at Crown Point, and carried to Canada. The Message was interpreted in the following Words: "The Governor of Canada had called the Cahnuaga Indians to him, and then complained to them, that some of the Six Nations, his Children, had killed some of his People: You all know, he said, that I am not hasty or passionate, but will rather bear a great deal than shew Resentment, wherefore I am resolved to pass this over; but in the mean Time I must desire you to go among the Six Nations, to find out the Reason of this Proceeding, and to tell them, that is any Thing like it happen again, I will make them smart: You may nevertheless assure my Children[12] of the Six Nations, that I love and esteem them equally with the Cahnuagas, or Shawendadies[13], being of the same Blood. And to convince them of my Love, I now send back to them one of their People that was taken at Crown Point, without eating his Flesh. And now Cahnuagas, my Children, I would not have you spill any more Blood from Albany upwards, for I begin to pity their Weakness; but turn your Arms towards New-England, against your most inveterate Enemies, there is the Place for you to gain Honour now."

The Cahnuagas gave the following Answer to the Governor of Canada: Father, You are in the wrong, to desire us to go among the Six Nations for Intelligence, or with Menaces; for such will only stir them up, and bring them and all their Allies (who are very numerous) upon you, to destroy you at once. We know they are not to be bullied by your Words or ours, wherefore, Father, we must leave you to go through this Work by yourself.

After having as above, related what had passed between them and the Governor of Canada, they sent the following Message from themselves.

Brethren of the Six Nations, "We hear the Governor of New-York has invited you to meet him; we intreat you not to mind any Thing he shall say, in order to set you against us; for if you do, you, as well as we, must all die. Wherefore, Brethren, we conjure you by all the Ties of Friendship subsisting between us, to inform us of any Design that is plotting against us; and that when any such Thing shall be discovered, you will send an Express to Cadarackui[14], where our Fire always burns.

"Brethren, We shall be glad to see you next Spring at Cahnuaga, to hold a Council together, where you shall be as safe and welcome as ever.

"Brethren, The Governor our Father, being informed, that your Governor is raising Men to come against Canada, desires us to tell you, that he has one thousand eight hundred Men at Crown Point, ready to give them Battle; in which Number, the Men of eight Castles of the Utawawas are included.

"Brethren, Be not angry at our destroying Saraghtoga last Fall; Col. Schuyler dar'd us to it, by saying he wished to see a French Army there: We gratified him in his Wish."

A Cahnuaga Indian was sent along with the Prisoner that was restored; but when he came near the Settlements of the Six Nations, his Heart fail'd him, and he sent the Prisoner forward by himself with the Message.

The Readiness with which the Six Nations communicated this Message, and the flight they in all Appearance put upon it, is some Proof of their Sincerity in the Promises they made to his Excellency; neither from any Thing which has happened can it be shewn, that they were not sincere. On the contrary, it appears by Mr. Johnson's Letter to his Excellency of the 21st of October, that several Parties are now out against the French; and that Mr. Johnson having received Orders from Col. Roberts, to send as many Indians as possible to join the Army, all the Mohawks, even their oldest Men, were fitted out and ready; and having sent to the upper Castles at the same Time, they appeared so hearty, that there would not have remained above three old Men in any of the next Castles: And that Col. Roberts afterwards contradicting these Orders, they had appeared very uneasy on their being stopt. It was not expected that they would enter into the War without us, or by themselves, neither are they a People of so little Thought, as to give any Reason to expect it from them.

When the Companies raised in Pensylvania arrived at Albany, his Excellency was informed by their Captains, that Mr. Thomas Governor of that Province, had sent Conrad Weiser their publick Interpreter, among the Susquehannah Indians; and that they expected his Arrival at this Place in a little Time, with at least three hundred Indians. The Treaties with the Indians, which Mr. Thomas has published, gave great Hopes of the Success that Interpreter would have; and thereby increased the Disappointment, when Mr. Weiser arrived a few Days before his Excellency left Albany, and did not bring one Indian with him.

His Excellency Governor Clinton, had perhaps more Difficulties to struggle with on this Occasion, than any Governor of New-York had at any Time: The Six Nations had on several Occasions given Grounds of Mistrust; the Governor of Canada was attempting all the Means in his Power to divert their Affections from us; the People of the County of Albany had for some Time past, entertained a Dissatisfaction in the Conduct of the Commissioners for Indian Affairs; the Commissioners themselves were divided in their Sentiments, and several of them refused to attend their Meetings; and they confessed to his Excellency, that they had lost all Influence on the Indians; Mr. Gooch having declined the Command of the Forces at Albany, his Excellency was forced likewise to undertake a new and great Care, which he in no Manner expected when he left the City of New York, and which from many Incidents, was attended with many Difficulties. If these Things be duly considered, and the Dangers his Person was in from the Infection of two different Diseases, which at that Time raged in the City of Albany, of which great Numbers died during his Residence there of near three Months; none can doubt of his hearty Zeal for the Success of an Affair, in which the Safety and Prosperity of all the Colonies in North America, were immediately concerned.

But as every one may not be sufficiently apprized of what Consequence the Six Nations being hearty, is to the Interest of Great-Britain, it may be proper to observe, That though a Number of Indians to march with the Army, which was intended to attack Canada, would be of great Use in discovering and defeating the Ambushes of the Enemy's Indians, while they were every Day to be guarded against by the Forces which were to march by Land, and would by their Incursions into the Enemy's Country, terribly harass them, and keep them from joining their Forces into any great Body to oppose the Design; these are not the most considerable Advantages might be gained from the Affection of the Six Nations at this Time, or any Time of War; for if the inland Extent of the Colonies from Nova Scotia to Georgia be considered, and at the same Time the numerous Indian Nations on the Continent of America, who may by the Artifices of the French be induced to make Incursions every where; and the cruel Methods by which the Indians make Incursions in small Parties, from the vast Forest which every where covers the Continent, and which in many Places is impenetrable; it must evidently appear, that though the English Colonies be of much superior Force in Numbers of Men, yet their Number would not be sufficient to protect their Frontiers from the Incursions of the Indians in every Place: And, that while their Forces must in this Case be divided and scattered all over their Frontiers, it may be in the Power of the French in Canada, to invade with Success any Part of the English Colonies. On the other Hand, if a proper Attempt were to be made by the Northern Colonies alone, without the Assistance of their Mother Country, but with the Assistance of the Indians, it would in all Appearance be sufficient to reduce Canada; for if the Indian Nations can be persuaded to join heartily, (as from what is above related it seems probable they may) it will be impossible for the Inhabitants of Canada to defend themselves from the Incursions of these numerous Indian Nations, and from a Body of regular Troops at the same Time. As the French are very sensible of these Advantages to be gain'd from the Friendship of the Indian Nations, they neglect no Means in their Power to procure them: And it is to be hoped, that the Northern Colonies will be no less assiduous in a Matter on which their Well-being at least depends.

Some People wish that the Indians may remain neuter, and think it adviseable to pursue Measures for that Purpose, by which many horrid Barbarities would be prevented. No doubt this is to be wished; but can the English Colonies by any Means be assured, that the French will be sincere in preserving such a Neutrality? And if they be not sincere, we shall more certainly expose ourselves to all these Calamities, than we are now by Indians being engaged on both Sides. The Six Nations are by their natural Inclinations, disposed to War-like Enterprizes: They never have been at Peace with all their Neighbours, since they were known to Christians. The Reputation they have gained among all the Indian Nations in North America, gives them an Influence in the Councils of every Nation. It may then be easy for the French to turn this Disposition to War in the Six Nations, against us, and by their Influence draw all the Indian Nations in North America upon us. The Genius of the Six Nations will not suffer them to remain inactive, while their Neighbours are at War.

In the last Place, it may not be improper to observe at this Time, that though the Colonies to the Southward (and the Inhabitants of the Parts of the Northern Colonies, which are less exposed to the Incursions of Indians) think themselves little concerned in Interest, or in the Consequences of the present War; yet if they would consider that the Northern Colonies are really their Frontiers, and that they defend the others from all the Calamities of a most barbarous War; the Southern Colonies must think that any Contribution of Men and Money, which is expected from them, is an easy Purchase of the Freedom from such Calamities, to which their Brethren are subjected; and that while they can follow their Occupations at Ease, they are much better enabled to support the Expence of a War than the Northern Colonies are, where the Inhabitants are every Day in Danger of their Lives from a cruel Enemy, while at their daily and innocent Labours. If the Southern Colonies neglect to keep the War at a Distance from them, they may at an improper Time, become sensible of the Evils their Brethren suffer, and of their own Folly at the same Time.

New-York, Dec. 2, 1746.

The Party of seventy Indians and Whites mentioned in this Treaty, did not go out together as was at first intended, Sickness and other Incidents made it necessary to alter the Measures at first proposed. One Party of thirty Indians and ten Whites went by themselves. These fell upon a French Settlement on the North-side of St. Lawrence River, about 10 Leagues above Montreal, and brought away eight French Prisoners, one of them a Captain of Militia, and four Scalps. Another Party of nine Indians went to the Cahnuagas, under Pretence of continuing the Neutrality with them, they were introduced to the Governor of Montreal under the same Pretence, who made them Presents: Their Design was to gain what Intelligence they could, and after they had done this, they acted their Part so well, that they received several Letters, one from the Governor of Montreal, and others from considerable Persons to the Commandant of Fort St. Frederic at Crown Point. In their Way thither, by which they were to return Home, they surprized some French in a small Fort, killed five, and brought away one Prisoner and one Scalp. They brought the French Prisoner and the Letters to the commanding Officer at Albany, and informed him of what they had seen and heard at Montreal.

A

COLLECTION

of

CHARTERS

and other publick acts,

relating to the

Province of PENSYLVANIA,

VIZ.

The CHARTER of Charles II. of England, Scotland, France, and Ireland, King, Defender of the Faith, &c.

Unto William Penn, Proprietary and Governor of the Province of Pensylvania.

CHARLES, by the Grace of GOD, King of England, Scotland, France, and Ireland, Defender of the Faith, &c. To all to whom these Presents shall come, Greeting. WHEREAS our trusty and well-beloved Subject William Penn, Esq; Son and Heir of Sir William Penn deceased, (out of a commendable Desire to enlarge our English Empire, and promote such useful Commodities 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 civil Society and the Christian Religion) hath humbly besought Leave of us, to transport an ample Colony unto a certain Country herein after described, in the Parts of America, not yet cultivated and planted; and hath likewise so humbly besought our Royal Majesty to give, grant, and confirm all the said Country, with certain Privileges and Jurisdictions, requisite for the good Government and Safety of the said Country and Colony, to him and his Heirs for ever.

SECT.  I.

KNOW YE THEREFORE, That we (favouring the Petition and good Purpose of the said William Penn, and having Regard to the Memory and Merits of his late Father in divers Services, and particularly to his Conduct, Courage, and Discretion under our dearest Brother JAMES Duke of York, in that signal Battle and Victory fought and obtained against the Dutch Fleet, commanded by the Heer Van Opdam, in the Year 1665: In Consideration thereof, of our special Grace, certain Knowledge, and meer Motion) have given and granted, and by this our present Charter, for us, our Heirs and Successors, do give and grant unto the said William Penn, his Heirs and Assigns, all that Tract or Part of Land in America, with the Islands therein contained, as the same is bounded on the East by Delawar River, from twelve Miles Distance Northwards of Newcastle Town unto the three and fortieth Degree of Northern Latitude, if the said River doth extend so far Northward: But if the said River shall not extend so far Northward, then by the said River so far as it doth extend, and from the Head of the said River the Eastern Bounds are to be determined by a Meridian Line, to be drawn from the Head of the said River, unto the said forty-third Degree. The said Land 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 Beginning of the three and fortieth Degree of Northern Latitude, and on the South by a Circle drawn at twelve Miles Distance from Newcastle Northward, and Westward unto the Beginning of the fortieth Degree of Northern Latitude, and then by a strait Line Westwards to the Limits of Longitude above-mentioned.

SECT.  II.

WE do also give and grant unto the said William Penn, his Heirs and Assigns, the free and undisturbed Use and Continuance in, and Passage unto, and out of all and singular Ports, Harbours, Bays, Waters, Rivers, Isles, and Inlets, belonging unto, or leading to and from the Country or Islands aforesaid, and all the Soils, Lands, Fields, Woods, Underwoods, Mountains, Hills, Fenns, Isles, Lakes, Rivers, Waters, Rivulets, Bays, and Inlets, situated or being within, or belonging to the Limits or Bounds aforesaid, together with the Fishing of all Sorts of Fish, Whales, Sturgeon, and all royal and other Fishes, in the Seas, Bays, Inlets, Waters, or Rivers within the Premisses, and all the Fish therein taken; and also all Veins, Mines, Minerals, and Quarries, as well discovered as not discovered, of Gold, Silver, Gemms, and precious Stones, and all other whatsoever, be it Stones, Metals, or of any other Thing or Matter whatsoever, found or to be found within the Country, Isles, or Limits aforesaid.

SECT.  III.

AND him, the said William Penn, his Heirs and Assigns, we do by this our Royal Charter, for us, our Heirs and Successors, make, create, and constitute, the true and absolute Proprietary of the Country aforesaid, and of all other the Premisses: Saving always to us, our Heirs and Successors, the Faith and Allegiance of the said William Penn, his Heirs and Assigns, and of all other Proprietaries, Tenants, and Inhabitants, that are or shall be within the Territories and Precincts aforesaid; and saving also, unto us, our Heirs and Successors, the Sovereignty of the aforesaid Country, to have, hold, possess, and enjoy the said Tract of Land, Country, Isles, Inlets, and other the Premisses, unto the said William Penn, his Heirs and Assigns, to the only proper Use and Behoof of the said William Penn, his Heirs and Assigns, for ever, to be holden of us, our Heirs and Successors, Kings of England, as of our Castle of Windsor in our County of Berks, in free and common Soccage, by Fealty only for all Services, and not in Capite or by Knights Service: Yielding and paying therefore to us, our Heirs and Successors, two Beaver-skins, to be delivered at our Castle of Windsor on the first Day of January in every Year; and also the fifth Part of all Gold and Silver Oar, which shall from Time to Time happen to be found within the Limits aforesaid, clear of all Charges. And of our further Grace, certain Knowledge, and meer Motion, we have thought fit to erect, and we do hereby erect the aforesaid Country and Islands into a Province and Seignorie, and do call it PENSYLVANIA, and so from henceforth will have it called.

SECT.  IV.

AND forasmuch as we have hereby made and ordained the aforesaid William Penn, his Heirs and Assigns, the true and absolute Proprietaries of all the Lands and Dominions aforesaid, KNOW YE THEREFORE, That we (reposing special Trust and Confidence In the Fidelity, Wisdom, Justice, and provident Circumspection of the said William Penn) for us, our Heirs and Successors, do grant free, full, and absolute Power (by Virtue of these Presents) to him and his Heirs, to his and their Deputies, and Lieutenants for the good and happy Government of the said Country, to ordain, make, and enact, and under his and their Seals to publish any Laws whatsoever, for the raising of Money for 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 Discretion, by and with the Advice, Assent, and Approbation of the Freemen of the said Country, or the greater Part of them, or of their Delegates or Deputies, whom for the enacting of the said Laws, when, and as often as Need shall require, we will that the said William Penn and his Heirs, shall assemble in such Sort and Form, as to him and them shall seem best, and the same Laws duly to execute, unto and upon all People within the said Country and Limits thereof.

SECT.  V.

AND we do likewise give and grant unto the said William Penn, and to his Heirs, and their Deputies and Lieutenants, full Power and Authority, to appoint and establish any Judges and Justices, Magistrates and other 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 Form, as to the said William Penn or his Heirs, shall seem most convenient: Also 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 wilful and malicious Murder only excepted, and in those Cases to grant Reprieves, until our Pleasure may be known therein) and to do all and every other Thing and Things, which unto the compleat Establishment of Justice unto Courts and Tribunals, Forms of Judicature, and Manner of Proceedings do belong, although in these Presents express Mention be not made thereof; and by Judges by them delegated, to award Process, hold Pleas, and determine in all the said Courts and Tribunals all Actions, Suits, and Causes whatsoever, as well criminal as civil, personal, real, and mixt; which Laws so, as aforesaid, to be published, our Pleasure is, and so we enjoin, require, and command, shall be most absolute and available in Law; and that all the Liege People and Subjects of us, our Heirs and Successors, do observe and keep the same inviolably in those Parts, so far as they concern them, under the Pain therein expressed, or to be expressed. PROVIDED nevertheless, That the same Laws be consonant to Reason, and not repugnant or contrary, but (as near as conveniently may be) agreeable to the Laws and Statutes, and Rights of this our Kingdom of England, and saving and reserving to us, our Heirs and Successors, the receiving, hearing, and determining of the Appeal and Appeals 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.

SECT.  VI.

AND forasmuch as in the Government of so great a Country, sudden Accidents do often happen, whereunto it will be necessary to apply Remedy before the Freeholders of the said Province, or their Delegates or Deputies can be assembled to the making of Laws; neither will it be convenient that instantly upon every such emergent Occasion, so great a Multitude should be called together: Therefore (for the better Government of the said Country) we will, and ordain, and by these Presents, for us, our Heirs and Successors, do grant unto the said William Penn and his Heirs, by themselves, or by their Magistrates and Officers, in that Behalf duly to be ordained as aforesaid, to make and constitute fit and wholesome Ordinances, from Time to Time, within the said Country to be kept and observed, as well for the Preservation of the Peace, as for the better Government of the People there inhabiting; and publickly to notify the same to all Persons, whom the same doth or may any Ways concern. Which Ordinances our Will and Pleasure is, shall be observed inviolably within the said Province, under the Pains therein to be expressed, so as the said Ordinances be consonant to Reason, and be not repugnant nor contrary, but (so far as conveniently may be) agreeable with the Laws of our Kingdom of England, and so as the said Ordinances be not extended in any Sort to bind, change, or take away the Right or Interest of any Person or Persons, for or in their Life, Members, Freehold, Goods, or Chattles. And our farther Will and Pleasure is, That the Laws for regulating and governing of Property within the said Province, as well for the Descent and Enjoyment of Lands, as likewise for the Enjoyment and Succession of Goods and Chattles, and likewise as to Felonies, shall be and continue the same, as they shall be for the Time being, by the general Course of the Law in our Kingdom of England, until the said Laws shall be altered by the said William Penn, his Heirs or Assigns, and by the Freemen of the said Province, their Delegates or Deputies, or the greater Part of them.

SECT.  VII.

AND to the End that the said William Penn, or his Heirs, or other the Planters, Owners, or Inhabitants of the said Province, may not at any Time hereafter (by Misconstruction of the Power aforesaid) through Inadvertency or Design, depart from that Faith and due Allegiance, which by the Laws of this our Realm of England, they and all our Subjects, in our Dominions and Territories, always owe to us, our Heirs and Successors, by Colour of any Extent or Largeness of 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 farther Will and Pleasure is, That a Transcript or Duplicate of all Laws, which shall be so as aforesaid made and published within the said Province, shall within five Years after the making thereof, be transmitted, and delivered to the Privy Council, for the Time being of us, our Heirs and Successors: And if any of the said Laws within the Space of six Months after that they shall be so transmitted and delivered, be declared by us, our Heirs and Successors, in our or their Privy Council, inconsistent with the Sovereignty, or lawful Prerogative of us, our Heirs or Successors, or contrary to the Faith and Allegiance due to the legal Government of this Realm, from the said William Penn, or his Heirs, or of the Planters and Inhabitants of the said Province, and that thereupon any of the said Laws shall be adjudged and declared to be void by us, our Heirs and Successors, under our or their Privy Seal, that then and from thenceforth, such Laws, concerning which such Judgment and Declaration shall be made, shall become void: Otherwise the said Laws so transmitted, shall remain, and stand in full Force, according to the true Intent and Meaning thereof.

SECT.  VIII.

FURTHERMORE, that this new Colony may the more happily increase, by the Multitude of People resorting thither; Therefore we, for us, our Heirs and Successors, do give and grant by these Presents, Power, Licence, and Liberty unto all the Liege People and Subjects, both present and future, of us, our Heirs and Successors, (excepting those who shall be especially forbidden) to transport themselves and Families unto the said Country, with such convenient Shipping as by the Laws of this our Kingdom of England they ought to use, and with fitting Provision, paying only the Customs therefore due, and there to settle themselves, dwell and inhabit, and plant, for the publick, and their own private Advantage.

SECT.  IX.

AND FURTHERMORE, that our Subjects may be the rather encouraged to undertake this Expedition with ready and chearful Minds, KNOW YE, That we, of our special Grace, certain Knowledge, and mere Motion, do give and grant by virtue of these Presents, as well unto the said William Penn, and his Heirs, as to all others, who shall from time to time repair unto the said Country, with a Purpose to inhabit or trade with the Natives of the said Country, full Licence to lade and freight in any Ports whatsoever, of us, our Heirs and Successors, according to the Laws made, or to be made within our Kingdom of England, and unto the said Country, by them, their Servants or Assigns, to transport all and singular their Goods, Wares and Merchandizes, as likewise all Sorts of Grain whatsoever, and all other Things whatsoever, necessary for Food or Clothing, not prohibited by the Laws and Statutes of our Kingdom and Dominions to be carried out of the said Kingdom, without any Let or Molestation of us, our Heirs or Successors, or of any of the Officers of us, our Heirs or Successors; saving always to us, our Heirs and Successors, the legal Impositions, Customs, or other Duties and Payments, for the said Wares and Merchandizes, by any Law or Statute due, or to be due to us, our Heirs and Successors.

SECT.  X.

AND we do further, for us, our Heirs and Successors, give and grant unto the said William Penn, his Heirs and Assigns, free and absolute Power, to divide the said Country and Islands into Towns, Hundreds and Counties, and to erect and incorporate Towns into Boroughs, and Boroughs into Cities, and to make and constitute Fairs and Markets therein, with all other convenient Privileges and Immunities, according to the Merits of the Inhabitants, and the Fitness of the Places, and to do all and every other Thing and Things touching the Premises, which to him or them shall seem meet and requisite; albeit they be such, as of their own Nature might otherwise require a more special Commandment and Warrant, than in these Presents is expressed.

SECT.  XI.

WE will also, and by these Presents, for us, our Heirs and Successors, we do give and grant Licence by this our Charter, unto the said William Penn, his Heirs and Assigns, 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 Assigns, all Merchandizes and Goods whatsoever, that shall arise of the Fruits and Commodities of the said Province, either by Land or Sea, into any of the Ports of us, our Heirs or Successors, in our Kingdom of England, and not into any other Country whatsoever: And we give him full Power to dispose of the said Goods, in the said Ports; and if need be, within one Year next after the Unlading of the same, to lade the said Merchandize and Goods again into the same or other Ships, and to transport the same into any other Countries, either of our Dominions or foreign, according to Law; provided always, that they pay such Customs and Impositions, Subsidies and Duties for the same, to us, our Heirs and Successors, as the rest of our Subjects of our Kingdom of England, for the Time being, shall be bound to pay, and do observe the Acts of Navigation, and other Laws in that Behalf made.

SECT.  XII.

AND FURTHERMORE, of our ample and special Grace, certain Knowledge, and mere Motion, we do, for us, our Heirs and Successors, grant unto the said William Penn, his Heirs and Assigns, full and absolute Power and Authority, to make, erect, and constitute, within the said Province, and the Isles and Inlets aforesaid, such and so many Sea-ports, Harbours, Creeks, Havens, Keys, and other Places, for Discharging and Unlading of Goods and Merchandizes out of the Ships, Boats, and other Vessels, and landing them unto such and so many Places; and with such Rights, Jurisdictions, Liberties and Privileges unto the said Ports belonging, as to him and them shall seem most expedient; and that all and singular the Ships, Boats, and other Vessels, which shall come for Merchandize and Trade into the said Province, or out of the same, shall be laden or unladen only at such Ports as shall be created and constituted by the said William Penn, his Heirs or Assigns, (any Use, Custom, or Thing to the contrary notwithstanding.) Provided, that the said William Penn, and his Heirs, and the Lieutenants and Governors for the Time being, shall admit and receive in, and about all such Havens, Ports, Creeks and Keys, all Officers and their Deputies, who shall from Time to Time be appointed for that Purpose by the Farmers or Commissioners of our Customs for the Time being.

SECT.  XIII.

AND we do further appoint and ordain, and by these Presents, for us, our Heirs and Successors, we do grant unto the said William Penn, his Heirs and Assigns, That he, the said William Penn, his Heirs and Assigns, may from time to time for ever, have and enjoy the Customs and Subsidies, in the Ports, Harbours, and other Creeks and Places aforesaid, within the Province aforesaid, payable or due for Merchandize and Wares there to be laded and unladed, the said Customs 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 Heirs and Successors, upon just Cause and due Proportion to assess and impose the same; saving unto us, our Heirs and Successors, such Impositions and Customs, as by Act of Parliament are and shall be appointed.

SECT.  XIV.

AND it is our farther Will and Pleasure, That the said William Penn, his Heirs and Assigns, shall from Time to Time constitute and appoint an Attorney or Agent, to reside in or near our City of London, who shall make known the Place where he shall dwell, or may be found, unto the Clerks of our Privy-Council for the Time being, or one of them, and shall be ready to appear in any of our Courts at Westminster, to answer for any Misdemeanor that shall be committed, or by any wilful Default or Neglect permitted by the said William Penn, his Heirs or Assigns, against the Laws of Trade and Navigation; and after it shall be ascertained in any of our said Courts, what Damages we or our Heirs or Successors shall have sustained by such Default or Neglect, the said William Penn, his Heirs or Assigns, shall pay the same within one Year after such Taxation, and Demand thereof, from such Attorney; or in case there shall be no such Attorney by the Space of one Year, or such Attorney shall not make Payment of such Damages within the Space of a Year, and answer such other Forfeitures and Penalties within the said Time, as by the Acts of Parliament in England are and shall be provided, according to the true Intent and Meaning of these Presents; then it shall be lawful for us, our Heirs and Successors, to seize and resume the Government of the said Province or Country, and the same to retain until Payment shall be made thereof: But notwithstanding any such Seizure or Resumption of the Government, nothing concerning the Propriety or Ownership of any Lands, Tenements, or other Hereditaments, or Goods or Chattles, of any of the Adventurers, Planters, or Owners, other than the respective Offenders there, shall any ways be affected or molested thereby.

SECT.  XV.

PROVIDED always, and our Will and Pleasure is, That neither the said William Penn, nor his Heirs, or any other the Inhabitants of the said Province, shall at any Time hereafter have or maintain any Correspondence with any other King, Prince, or State, or with any of their Subjects, who shall then be in War against us, our Heirs and Successors; nor shall the said William Penn, or his Heirs, or any other Inhabitants of the said Province, make War, or do any Act of Hostility against any other King, Prince, or State, or any of their Subjects, who shall then be in League or Amity with us, our Heirs and Successors.

SECT.  XVI.

AND, because in so remote a Country, and situate near many barbarous Nations, the Incursions as well of the Savages themselves, 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 to the said William Penn, his Heirs and Assigns, by themselves or their Captains, or other their Officers, to levy, muster and train all Sorts of Men, of what Condition soever, or wheresoever born, in the said Province of Pensilvania for the Time being, and to make War, and to pursue the Enemies and Robbers aforesaid, as well by Sea as by Land, 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 and Office 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 ever had the same.

SECT.  XVII.

AND FURTHERMORE, of our special Grace, and of our certain Knowledge and mere Motion, we have given and granted, and by these Presents, for us, our Heirs and Successors, do give and grant unto the said William Penn, his Heirs and Assigns, full and absolute Power, Licence and Authority, that he, the said William Penn, his Heirs and Assigns, from time to time hereafter for ever, at his or their own Will and Pleasure may assign, alien, grant, demise, or enfeoff of the Premisses so many and such Parts and Parcels to him that shall be willing to purchase the same, as they shall think fit, to have and to hold to them the said Person and Persons willing to take and purchase, their Heirs and Assigns, in Fee-simple or Fee-tail, or for the Term of Life, Lives or Years, to be held of the said William Penn, his Heirs or Assigns, as of the said Seigniory of Windsor, by such Services, Customs, or Rents, as shall seem meet to the said William Penn, his Heirs or Assigns, and not immediately of us, our Heirs or Successors.

SECT.  XVIII.

AND to the same Person or Persons, and to all and every of them, we do give and grant by these Presents, for us, our Heirs and Successors, Licence, Authority and Power, that such Person or Persons may take the Premisses, or any Parcel thereof, of the aforesaid William Penn, his Heirs or Assigns, and the same hold to themselves, their Heirs and Assigns, in what Estate of Inheritance soever, in Fee-simple or in Fee-tail, or otherwise, as to him, the said William Penn, his Heirs or Assigns, shall seem expedient: The Statute made in the Parliament of EDWARD, Son of King HENRY, late King of England, our Predecessor, (commonly called The Statute quia emptores terrarum, lately published in our Kingdom of England) in any wise notwithstanding.

SECT.  XIX.

AND by these Presents we give and grant Licence unto the said William Penn, and his Heirs, and likewise to all and every such Person or Persons to whom the said William Penn, or his Heirs, shall at any Time hereafter grant any Estate or Inheritance as aforesaid, to erect any Parcels of Land within the Province aforesaid into Manors, by and with the Licence to be first had and obtained for that Purpose, under the Hand and Seal of the said William Penn, or his Heirs; and in every of the said Manors 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 Frank-Pledge 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 the Manors to be deputed when they shall be erected, and in the same to use all Things belonging to the View of Frank-Pledge. AND we do further grant Licence and Authority, That every such Person or Persons who shall erect any such Manor or Manors, as aforesaid, shall or may grant all or any Part of his said Land to any Person or Persons, in Fee-simple, or any other Estate of Inheritance to be held of the said Manors respectively, so as no farther Tenure shall be created, but that upon all further or other Alienations thereafter to be made, the said Lands so aliened shall be held of the same Lord and his Heirs, of whom the Aliener did then before hold, and by the like Rents and Services which were before due and accustomed.

SECT.  XX.

AND FURTHER our Pleasure is, and by these Presents, for us, our Heirs and Successors, we do covenant and grant to and with the said William Penn, his Heirs and Assigns, That we, our Heirs and Successors, shall at no Time hereafter set or make, or cause to be set or made, any Imposition, Custom, or other Taxation, Rate or Contribution whatsoever, in and upon the Dwellers and Inhabitants of the aforesaid Province, for their Lands, Tenements, Goods or Chattles within the said Province, or in and upon any Goods or Merchandizes within the Province, or to be laden or unladen within the Ports or Harbours of the said Province, unless the same be with the Consent of the Proprietary, or chief Governor, or Assembly, or by Act of Parliament in England.

SECT.  XXI.

AND our Pleasure is, and for us, our Heirs and Successors, we charge and command, That this our Declaration shall from henceforth from Time to Time be received and allowed in all our Courts, and before all the Judges of us, our Heirs and Successors, for a sufficient lawful Discharge, Payment and Acquittance; commanding all the Officers and Ministers of us, our Heirs and Successors, and enjoining them upon Pain of our highest Displeasure, that they do not presume at any Time to attempt any thing to the contrary of the Premisses, or that do in any sort withstand the same, but that they be at all Times aiding and assisting, as is fitting to the said William Penn, and his Heirs, and unto the Inhabitants and Merchants of the Province aforesaid, their Servants, Ministers, Factors, and Assigns, in the full Use and Fruition of the Benefit of this our Charter.

SECT.  XXII.

AND our farther Pleasure is, and we do hereby, for us, our Heirs and 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 by them, signify such their Desire to the Bishop of London for the Time being, That any Preacher or Preachers, to be approved of by the said Bishop, may be sent unto them for their Instruction; That then such Preacher or Preachers shall and may reside within the said Province, without any Denial or Molestation whatsoever.

SECT.  XXIII.

AND if perchance hereafter any Doubt or Question should arise, concerning the true Sense and Meaning 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 any of our Courts whatsoever, as shall be adjudged most advantageous and favourable unto the said William Penn, his Heirs and Assigns: Provided always no Interpretation be admitted thereof, by which the Allegiance due unto us, our Heirs and Successors, may suffer any Prejudice or Diminution; although express Mention be not made in these Presents of the true yearly Value, or Certainty of the Premisses, 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 be made Patent: Witness OUR SELF, at Westminster, the Fourth Day of March, in the three and thirtieth Year of our Reign. Annoque Domini One Thousand Six Hundred and Eighty-one.