Papers Relating to an Act of the Assembly of the Province of New-York / For encouragement of the Indian trade, &c. and for prohibiting the selling of Indian goods to the French, viz. of Canada

by Cadwallader Colden; Great Britain. Board of Trade; Great Britain. Privy Council; New York . Council

VIII. The New CHARTER of PRIVILEGES to the Province, granted October 28, 1701.

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.