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as any other parts of our Dominions and territories in that region, Know ye, that we . . . do. annex and unite the same to the said Province of Carolina.

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No. 22.

Third Navigation Act


THE immediate object of the act of 1672 was to prevent the illegal trade in tobacco between the American colonies and the continent of Europe. Tobacco was one of the articles which, by the Navigation Act of 1660, could be exported only to England or to another colony; but the increasing demand for this product, together with the high price which must be paid for such tobacco as had paid customs duty in England, served to encourage smuggling and illicit trade. The distinguishing feature of the act of 1672 is the requirement of a bond that the "enumerated articles" would be landed in England, and the imposition of specified duties in case of failure of the merchant to comply.

REFERENCES. - Text in Statutes of the Realm, V., 792, 793. The act is cited as 25 Car. II., c. 7. The regulation of the trade in tobacco was the subject of various acts; these are enumerated and discussed in the work of Beer, cited under No. 15, ante.

AN ACT for the incouragement of the Greeneland and Eastland Trades, and for the better secureing the Plantation Trade. [V.] AND whereas by .. [the Navigation Act of 1660] and by severall other Lawes passed since that time it is permitted to shipp, carry, convey and transport Sugar, Tobacco, Cotton-wooll, Indicoe, Ginger, Fusticke and all other Dying wood of the Growth, Production and Manufacture of any of your Majestyes Plantations in America, Asia or Africa from the places of their Growth Production and Manufacture to any other of your Majestyes Plantations in those Parts (Tangier onely excepted) and that without paying of Custome for the same either at ladeing or unladeing of the said Commodityes by meanes whereof the Trade and Navigation in those Commodityes from one Plantation to another is greatly increased, and the Inhabitants of diverse of those Colonies not contenting themselves with being supplyed with those Commodities for their owne use free from all Customes (while the Subjects of this your Kingdome of England have paid

great Customes and Impositions for what of them hath beene spent here) but contrary to the expresse Letter of the aforesaid Lawes have brought into diverse parts of Europe great quantities thereof, and doe alsoe [dayly 1] vend great quantities thereof to the shipping of other Nations who bring them into diverse parts of Europe to the great hurt and diminution of your Majestyes Customes and of the Trade and Navigation of this your Kingdome; For the prevention thereof. . . bee it enacted . . . That from and after . . . [September 1, 1673,] . . . If any Shipp or Vessell which by Law may trade in any of your Majesties Plantations shall come to any of them to shipp and take on board any of the aforesaid Commodities, and that Bond shall not be first given with one sufficient Surety to bring the same to England or Wales or the Towne of Berwicke upon Tweede and to noe other place, and there to unloade and putt the same on shoare (the danger of the Seas onely excepted) that there shall be . . . paid to your Majestie . . . for soe much of the said Commodities as shall be laded and putt on board such Shipp or Vessell these following Rates and Dutyes, That is to say

For Sugar White the hundred Weight containing one hundred and twelve pounds five shillings;

And Browne Sugar and Muscavadoes the hundred weight containing one hundred and twelve pounds one shilling [and] six pence;

For Tobacco the pound one penny;

For Cotton-wooll the pound one halfe-penny;

For Indicoe the pound, two pence;

For Ginger the hundred Weight containing one hundred and twelve pounds one shilling;

For Logwood the hundred Weight containing one hundred and twelve pounds, five pounds,

For Fusticke and all other Dying-wood the hundred Weight containing one hundred and twelve pounds six pence;

And alsoe for every pound of Cacao-nutts one penny

1 Interlined in the Roll.

2 & in the original.


No. 23.

Charter of Pennsylvania

March 4/14, 1680/81

WILLIAM PENN inherited from his father, Admiral Penn, a claim against the King, Charles II., which eventually amounted to some £16,000. On account of this claim, which was not formally relinquished, and also with a view to founding a colony under Quaker rule, Penn petitioned, in June, 1680, for a grant of land in America. The petition indicated the extent of the desired grant; but experience had made the colonial authorities in England cautious, and Penn's application, though favored by the King and the Duke of York, was carefully considered. The representatives of the Duke and of Lord Baltimore were consulted, and took a prominent part in the negotiations; but in December the attorney-general reported that the proposed grant did not interfere with their territorial claims. The boundaries were approved Jan. 15/25, 1680/81, and March 4/14 the charter was issued. The original draft of the charter, drawn up by Penn on the model of the charter of Maryland, was revised by Chief Justice North, and important modifications introduced. A royal proclamation of April 2/12 announced the issuance of the charter, and commanded obedience to its provisions. Penn shortly issued a pamphlet setting forth the advantages of the region and the conditions of settlement. In August, 1682, he obtained from the Duke of York a quit-claim deed of the territory included in Pennsylvania, and two deeds of feofment, one of Newcastle, with the land within a twelvemile circuit about it, and the other of the land between Newcastle and Cape Henlopen.

REFERENCES. — Text in Charter and Laws of Pennsylvania (Harrisburg, 1879), 81-90. An abstract of Penn's proposals is in Hazard's Annals of Pennsylvania, 505-513; the deeds from the Duke of York are also in ib., 586-593. For the early documentary history, see Votes of Assembly, I.; Colonial Records, I.; Hazard's Pennsylvania Archives, I. Shepherd's History of Proprietary Government in Pennsylvania (Columbia Univ. Studies, VI.) is of prime importance.


Knowe yee

that wee, favouring the petition and good purpose of the said William Penn, and haveing regard to the memorie and meritts of his late father, in divers services, and perticulerly to his Conduct, courage and discretion under our dearest brother, James, Duke of yorke, in that signall Battell and victorie, fought and obteyned against the Dutch fleete, comanded by the Herr Van Obdam, .. [in 1665,] . . . In consideration thereof . . . by this Our present Charter . . . Doe give and grant unto the said Wil

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liam Penn, his heires and assignes All that Tract or parte of land in America, with all the Islands therein conteyned, as the same is bounded on the East by Delaware River, from twelve miles distance, Northwarde of New Castle Towne unto the three and fortieth degree of Northerne Latitude if the said River doeth extend soe farre Northwards; But if the said River shall not extend soe farre Northward, then by the said River soe farr as it doth extend, and from the head of the said River the Easterne Bounds are to bee determined by a Meridian Line, to bee drawne from the head of the said River unto the said three and fortieth degree, The said lands to extend westwards, five degrees in longitude, to bee computed from the said Eastern Bounds, and the said lands to bee bounded on the North, by the beginning of the three and fortieth degree of Northern latitude, and on the South, by a Circle drawne at twelve miles, distance from New Castle Northwards, and Westwards unto the beginning of the fortieth degree of Northerne Latitude; and then by a streight Line westwards, to the Limitt of Longitude above menconed. Wee Doe also grant unto the said William Penn . . . the free and undisturbed use, and continuance in and passage into and out of all and singuler Ports, harbours, Bayes, waters, Rivers, Isles and Inletts, belonging unto or leading to and from the Countrey, or Islands aforesaid; . . . and him the said William Penn, his heires and Assignes, Wee do, by this our Royall Charter . . . make, Create . . . the true and absolute Proprietaries of the Countrey aforesaid, and of all other, the premisses, saving alwayes to us . . . the faith and allegiance of the said William Penn . . ., and of all other, the proprietaries, Tenants and Inhabitants that are, or shall be within the Territories and Precincts aforesaid; and Saving also unto us . . . the Sovreignity of the aforesaid Countrey. . . . To bee holden of us . . . as of our Castle of Windsor, in our County of Berks, in free and comon socage by fealty only for all services, and not in Capite or by Knights service, Yeelding and paying therefore . . . two beaver Skins . . . in every yeare; and also the fifth parte of all Gold and Silver Oare, which shall from time to time happen to be found within the Limitts aforesaid, cleare of all Charges, and . . . wee doe hereby erect the aforesaid Countrey and Islands, into a Province and Seigniorie, and doe call itt Pensilvania . . . [The proprietor may make laws with the assent of the freemen,


appoint magistrates and other officers, and punish all crimes and offences except treason and murder.] Provided, Nevertheles, that the said Lawes bee consonant to reason, and bee not repugnant or contrarie, but as neare as conveniently may bee agreeable to the Lawes, Statutes and rights of this our Kingdome of England, And Saveing and reserving to us, Our heirs and Successors, the receiving, heareing and determining of the Appeale and Appeales, of all or any person or persons, of, in or belonging to the Territories aforesaid, or touching any Judgement to bee there made or given . . . [In emergencies, the proprietor or his representatives may make ordinances without the consent of the freemen; the same to be agreeable to the laws of England] . . . And to the End the said William Penn, or heires, or other, the Planters, Owners or Inhabitants of the said Province, may not att any time hereafter, by misconstrucon of the powers aforesaid, through inadvertiencie or designe, depart from that faith and due allegiance which by the Lawes of this our Realme of England, they and all our subjects, in our Dominions and Territories, always owe unto us... by colour of any extent or largenesse of powers hereby given, or pretended to bee given, or by force or colour of any lawes hereafter to bee made in the said Province, by vertue of any such powers. Our further will and pleasure is, that a transcript or Duplicate of all lawes which shall bee soe as aforesaid, made and published within the said province, shall within five yeares after the makeing thereof, be transmitted and delivered to the privy Councell . . . ; And if any of the said Lawes within the space of six months, after that they shall be soe transmitted and delivered, bee declared by us. . . in our . . . privy Councell, inconsistent with the sovereignety or lawful prerogative of us . . . or contrary to the faith and allegiance due by [to] the legall Government of this realme, from the said William Penn, or his heires, or of the Planters and Inhabitants of the said province; and that thereupon any of the said Lawes shall bee adjudged and declared to bee void . . . that then, and from thenceforth such Lawes concerning which such Judgement and declaracon shall be made, shall become voyd, otherwise the said lawes soe transmitted, shall remaine and stand in full force according to the true intent and meaneing thereof. . . . We Will alsoe, and by these presents... doe . . . grant licence . . . unto the said William


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