pany for Virginia, the one dated March 23, 1609 and the other March 12, 1611-12. Thefe being exceedingly long and tedious, fhall be given at the end of this volum. Pennfylvania, which is a proprietory colony, was granted to the proprietor, William Penn, much in the fame manner as the others are granted to the proprie. tors and poffeffors thereof. The charter gives Sir Wil liam power to make laws, raise money by the confent of the freemen or their deputies, to appoint judges pamely, the faid fecond Thursday in May, the governor, deputy-governor, and afliftants, of the faid company, and other officers of the faid company, or fuch of them as the faid general affembly fhall think fit, fhall be in the faid general court and affembly, to be held: from that day or time newly chofen for the year enfuing, by fuch greater part of the faid company for the time being, then and there prefent. And if the governor, deputy-go-. venor and alliitants, by these prefents appointed, or fuch as hereafter be newly chofen into their rooms, or any of them, or any other the officers to be appointed for the faid company fhall die, or be removed from his or their feveral offices or places before the faid general day of election, (whom we do hereby declare, for any mifdemeanour or default, to be removeable by the governor, afliftants, and company, or fuch great er part of them, in any of the faid public courts to be aflembled, as is aforefaid) that then, and in every fuch cafe, it shall and may be lawful to and for the governor, deputy-governor, and affiftants, and company aforefaid, or fuch greater, part of them fo to be affembled, as is aforefaid in any of their af femblies, to proceed to a new and election of one or more of their company, in the room or place, rooms or places, of fuch governor, deputy-governor, afliftant, or Other officer or officers fo dying, or removed, according to their discre tions And immediately upon, and after fuch election, or elections, made of fuch governor, deputygovernor, affiftant or affiftants, or any other officer of the faid company, in manner and form aforefaid, the authority, office, and power before given to the former governor, deputy-governor, or other officer and officers fo removed, in whofe ftead and place new shall be chofen, fhall, as to him and them and every of them refpectively, ceafe and determine. Provided alfo, and our will and pleafure is, That as well fuch as are by thefe prefents appointed to be the prefent governor, deputy-governor, and afliftants of the faid company, as thofe that shall fucceed them, and all other officers to be appointed and chofen as aforefaid, "shall, before they undertake the execu tion of their faid offices and places refpectively, take their feveral and refpective corporeal oaths, for the due and faithful performance of their duties in the feveral offices and places, before fuch perfon or perfons as are, by these presents, hereafter appointed to take and 2 receive! and officers neceffary for the probates of wills, a power to pardons crimes, except murder and high treafon, and in thefe to grant reprieves. Alfo to make any laws not repugnant to the laws of England. But in doubtful cafes, the fubjects were allowed to appeal to the King. In this charter there is a particular referve concerning the British parliament with regard to taxation; this power of parliament is expreffed in the charter; for it is faid no taxes fhall be laid upon the inhabitants but by act of affembly or act of parliament, " receive the fame; that is to fay, The faid John Winthrop, who is herein before nominated and appointed the prefent governor of the faid company, fhall take the said oath before one or more of the mafters of our court of chancery, for the time being; unto which mafter of chancery we do, by thefe prefents, give full power and authority to adminifter the faid oath to the faid John Winthrop accordingly; and the faid John Mafon, who is herein before nominated and appointed the prefent deputy governor of the faid compav, fhall take the faid oath before the faid John Wintrop, or any two of the affiftants of the faid coinpany; unto whom we do, by thete prefents, give full power and authority to adminifter the faid oath to the faid John Mafon accordingly; and the faid Samuel Willis, Henry Clarke, Matthew Allen, Thomas Tappen, Nathaniel Gould, Richard Treate, Richard Lord, Heury Woolcot, John I alcott, Daniel Clarke, John Ogden, and Thomas Wells, who are herein before nominated and appointed the prefent affiftants of the faid company, fhall take the oath before the faid John Winthrop, and John Mafon, or one of them; to whom we do hereby give full power and authority to adminifter the fame accordingly. And our further will and Such pleasure is, That all and every governor, or deputy-governor, to be elected and chofen, by virtue of thefe prefents, fhall take the faid oath before two or more of the affiftants of the faid company, for the time being; unto whom we do, by thefe prefents, give full power and authority to give and adminifter the faid oath accordingly. And the faid alliftants, and every of them, and all or every other officer or officers to be hereafter chofen, from time to time, to take the faid oath before the governor or deputy-governor, for the time being; unto which faid governor, we do, by thefe prefents give fuli power and authority to adminifter the fame accordingly. And further, ofour more ample grace, certain knowledge, and mere motion, we have given and granted, and by thefe prefents, for us, our heirs and fucceffors, do give and grant unto the faid governor and company of the English colony of Connecti cut. in New-England, in America, and to every inhabitant there, and to every perfon and perfons trading thither, and to every fuch perfon and perfons as are or fhall be free of the faid colony, full power and authority, from time to time and at all times hereafter to take fhip, tranfport, and carry away, for and towards the plantation and defence of the faid colony, fuch of our lov. ing Such as have accepted of this charter ought not to complain of parliamentary taxation, unless they understood that they were both to have a reprefentation in their own affemblies, and in the parliament of Britain; which it is manifeft they never dreamed of. This fhews us that the far greater part of thofe patent privileges are imperfect, and that many arguments taken from grants are in the natural right. Mr Penn, according to this charter, framed a fyftem of governmeut for the ruling the province of Pensylva ing fubjects and ftrangers as fhall or will willingly accompany them, in and to their faid colony and plantation, except fuch perfon or perfons as are or fhall be therein reftrained by us, our heirs and fucceffors; and alfo to ship and tranf port all, and all manner of goods, chattels, merchandizes, and other things whatfoever, that are or fhall be useful or neceffary for the inhabitants of the faid colony, and may lawfully be transported thither; nevertheless not to be difchar ged of payment to us, our heirs and fucceffors, of the duties, cuftoms and fubfidies, which are or ought to be paid or payable for the fame. And further, our will and pleasure is and we do for us our heirs and fucceffors ordain, declare, and grant unto the faid governor and company, and their fucceffors, that all and every the fubjects of us, our heirs and fucceffors, which fhall go to inhabit within the faid colony, and every of their children which fhall happen to be born there, or on the fea in going thither or returning from thence, fhall have and enjoy all liberties, and immunities of free and natural fubjects within any of the dominions of us, our heirs or fucceffors to all intents, conftructions nia, and purposes whatsoever, as if they and every of them were born within the realm of England. And we do authorize and empower the governor, or in his abfence the deputy-governor for the time be ing, to appoint two or more of the faid affiftants, at any of their courts or affemblies to be held as aforefaid, to have power and authority to adminifter the oath of fuprema cy and obedience to all and every perfon and perfons, which fhall at any time or times, hereafter go or pafs into the faid colony of Connecticut; unto which faid affift ants, fo to be appointed as aforefaid, we do by these presents give full power and authority to adminifter the faid oath accordingly And we further, of our especial grace, certain knowledge. and mere motion, give and grant unto the fair governor and company of the English colony of Connecticut, in New-England in America, and their fucceffors, that it fall and may be lawful to and for the governor, or deputy-governor, and fuch of the afliftants of the faid company for the time being, as fhall be affembled in any of the general courts aforefaid, or in any courts to be especially fummoned or affembled for that purpose, or the nia, confifting of forty articles, which both fhew his wisdom and juftice, as proprietor of that province. The preface to the frame, and the form itfelf, are expreffed as follows: "For particular Frames and Models, it will become me to fay little; and comparatively I will fay nothing. My reafons are: Firft, That the age is too nice and difficult for it; there being nothing the wits of men are more bufy and divided upon. 'Tis true, they feem to agree in the end, to wit, Happiness; but in the greater part of them, whereof the governor, or deputy-governor, and fix of the affiftants, to be always feven, to erect and make fuch judicatories for the hearing and determining of all actions, causes, matters, and things happening within the faid colony or plantation, and which fhall be in difpute and depending there, as they fhall think fit and convenient; and also, from time to time, to make, ordain, and establish, all manner of wholefome and reasonable laws, ftatutes, ordinances, directions, and inftructions, not contrary to the laws of England, as well for fettling the forms and ceremonies of government and magiftracy, fit and neceffary for the faid plantation, and the inhabitants there, as for naming and ftiling all forts of officers, both fuperior and inferior, which they fhall find needful for the government and plantation of the faid colony, and the diftinguishing and fetting forth of the feveral duties, powers and limits of every fuch office and place, and the forms of fuch oaths, not being contrary to the laws and ftatutes of this our realm of England, to be adininiftered for the execution of the faid feveral offices and places; as alfo for the difpofing and ordering of the election of fuch of the faid officers as are to be annually chofen, the and of fuch others as fhall fucceed, in case of death or removal, and adminiftering the faid oath to the new elected officers, and granting neceffary commiffions, and for impofition of lawful fines, mulcts, imprifonments, or other punishments upon offenders and delinquents, according to the courfe of other corporations within this our kingdom of England; and the fame laws, fines, mulets, and executions, to alter, change, revoke, annul, release or pardon, under their commonfeal, as by the said general affembly, or major part of them, fhall be thought fit; and for the directing, ruling and difpofing of all other matters and things, whereby our faid people, inhabitants there, may be fo religiously, peaceably, and civilly governed, as their good life, and orderly converfation, may win and invite the natives of the country to the knowledge and obedience of the only true God and Saviour of mankind, and the Chriftian faith; which in our royal intentions, and the adventurers free profetlion, is the only and principal end of this plantation; willing, commanding, and requiring, and by thefe pre fents, for us, our heirs and fucceffors, ordaining, and appointing, that all fuch laws, ftatues, and or dinances, inftructions, impofitions and directions, as fhall be fo male by the means they differ, as to divine, fo alfo to this human felicity; and the cause is much the fame, not always want of light and knowledge, but want of using them rightly. Men fide with their paffions against their reason, and their finifter interests have fo ftrong a bias upon their minds, that they lean to them against the good of the things they know. "Secondly, I do not find a model in the world, that time, place, and fome fingular emergencies have not neceffarily altered; nor is it eafy to frame a civil government that fhall ferve all places alike. by the governor, deputy governor and affiftants, as aforefaid, and published in writing under their common-feal, fhall carefully and duly be obferved, kept, performed and put in execution, according to the true intent and meaning of the fame; and these our letters patents, or the duplicate or exemplification thereof, fhall be, to all and every fuch officers, fuperiors and inferiors, from time to time, for the putting of the fame orders, laws, ftatutes, ordinances, inftructions and directions in due execution, against us, our heirs and fucceffors a fufficient warrant and difcharge. And we do further, for us, our heirs and fucceffors, give and grant unto the faid governor and company and their fucceffors, by thefe prefents, that it fhall and may be lawful to and for the chief commanders, governors and offcers of the faid company for the time being, who fhall be refident in the parts of New England hereafter mentioned, and others inhabiting there, by their leave, admittance, appointment, or direction, from time to time, and all times hereafter, for their fpecial defence and fafety, to affemble, marshal array, and put in warlike poíture, the inhabitants of the faid colony, and to commiflionate, empower bu Thirdly, and authorize fuch perfon or perfons as they fhall think fit, to lead and conduct the faid inhabitants, and to encounter, expulfe, repel, and refift by force of arins, as well by fea as by Tand, and alfo to kill, flay and destroy, by all fitting ways, enterprizes and means whatsoever all and every fuch perfon and perfous as fhall at any time hereafter attempt or enterprize the deftruction. invafion, detriment or annoyance of the faid inhabitants and plantations, and to use and exercife the law martial in fuch cafes only as occafion fhall require, and to take or furprize, by all ways and means whatsoever, all and every fuch perfon or perfons, with their fhips, armour, ammunition, and other goods, of fuch as fhall, in fich hof tile manner, invade or attempt the defeating of the faid plantation, or the hurt of the faid company and inhabitants, and, upon juít canfes, to invade or deftroy the natives or other enemies of the faid colory. Nevertheless our will and pleasure is, and we do hereby declare unto all Chriftian kings, princes and ftates, and if any perfons, which fhall hereafter be of the faid conpany or plantation, or any otherby appointment of the faid gever, nor and company, for the time being, fall at any time or times here after |