"CORNELIUS STEENWICK,

"OLOFFE STEVENS VAN KORTLANT.

JAMES COUSSEAU,

"ROBERT CARR,

"GEORGE CARTERET,

"JOHN WINTHROP,

SAMUEL WILLYS,

“THOMAS CLARKE,

"JOHN PINCHON.

I do consent to these articles,

"RICHARD NICOLLS.""

APPENDIX E....No. III.

Certain conditions, or concessions agreed upon by William Penn ̧ proprietary and governor of the province of Pennsylvania, and those who are the adventurers and purchasers in the same province, the eleventh of July, 1681,

I: So soon as it pleaseth God that the abovesaid persons arrive there, a certain quantity of land, or ground-plat, shall be laid out for a large town or city, in the most convenient place upon the river, for health and navigation; and every purchaser and adventurer shall, by lot, have so much land therein as will answer to the proportion which he hath bought, or taken up upon rent; but it is to be noted that the surveyors shall consider what roads, or highways, may be necessary to the cities, towns, or through the lands. Great roads, from city to city, to contain not less than forty feet in breadth, which shall first be laid out and declared to be for highways, before the dividend of acres be laid out to purchasers, and the like observation to be had for the streets in towns or cities, that there may be convenient roads and streets preserved, not to be encroached upon by any planter, or builder; that none may build irregularly to the damage of another. In this, custom governs.

"II. That the land in the town be laid out together, after the proportion of ten thousand acres, if the place will bear it however, that the proportion be by lot, and entire, so that those who may desire to be together, especially those that are by the catalogue laid together, may be so laid together both in the town and country.

"III. That when the country lots are laid out, every purchaser, from one thousand to ten thonsand acres, or more, not to have more than one thousand acres together, unless in three years they plant a family upon each thousand acres ; but that all such as purchase together lie together; and for as many as comply with this condition, that the whole be laid.

"IV. That where any number of purchasers, more or less, whose number of acres amounts to five or ten thousand, desire to sit together, in a lot or township, they shall have their lot or township cast together, in such places as have convenient harbours or navigable rivers attending it, if such can be found; and in case any one or more purchasers plant not according to agreement in this concession, to the damage of others of the same township, upon complaint thereof made to the governor or his deputy, with assistance, they may award (if they see cause) that the complaining purchaser may, paying the survey money, and purchase money, and interest thereof, be entitled, enrolled and lawfully invested, in the lands so not seated.

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"V. That the proportion of land that shall be laid out in the first great town, or city, for every purchaser, shall be after the proportion of ten acres for every five thousand acres purchased, if the place will allow it.

"VI. That notwithstanding there be no mention made in the several deeds made to the purchasers; yet the said William Penn does accord and declare, "that all rivers, and rivulets, woods, and underwoods, waters, and watercourses, quarries, mines, and minerals, (except mines royal) shall be freely and fully enjoyed, and wholly by the purchasers into whose hands they fall."

"VII. That for every fifty acres that shall be allotted to a servant at the end of his service, his quit-rent shall be two shil

lings per annum, and the master or owner of the servant, when he shall take up the other fifty acres, his quit-rent shall be four shillings per annum, or if the master of the servant (by reason in the indentures he is obliged so to do) allot out to the servant fifty acres in his own division, the said master shall have on demand, allotted him from the governor, one hundred acres at the chief rent of six shillings per annum.

"VIII. And for the encouragement of those that are ingenious, and are willing to search out gold and silver mines in this province, it is hereby agreed, that they have liberty to bore and dig in any man's property, fully paying the damage done : and in case a discovery should be made, that the discoverer have one fifth, and the owner of the soil (if not a discoverer,) one tenth, and the governor two fifths, and the rest to the public treasury, saving to the king the share reserved by patent.

"IX. In every ten thousand acres, the governor and proprietary, by lot, reserveth ten to himself, which shall lie but in one place.

"X. That every man shall be bound to man, to plant so much of his share of land as shall be set off and surveyed, within three years after it is set out and surveyed, or else it shall be lawful for new comers to be settled thereon, paying to them their survey money, and they go higher up for their shares.

"XI. There shall be no buying and selling, be it with an Indian, as one among another, of any goods to be exported, but that shall be performed in public market, when such places shall be set apart, or erected, where they shall pass the public stamp or mark. If bad ware, and prized as good, or deceitful, in proportion, or weight, to forfeit the value, as if of good and full weight and proportion, to the public treasury of this province, whether it be the merchandize of the Iudian or that of the planter.

"XII. And for as much as it is usual with the planters to över reach the poor natives of the country, in trade, by goods, not being good of the kind, or debased with mixtures, with which they are sensibly aggrieved, it is agreed that whatever

is sold to the Indians in consideration for their furs, shall be sold in the market place, and then suffer the test, whether good or bad; if good, then to pass; if not good, not to be sold for good, that the natives may not be abused nor provoked.

"XIII. That no man shall by any ways or means, in word or deed, affront or wrong any Indian; but he shall incur the same penalty of the law as if he had done it against his fellow planter ; and if any Indian shall in word, or deed, abuse any planter of this province, that he shall not be his own judge upon the Indian; but he shall make his complaint to the governor of the province, or his lieutenant or deputy, or some inferior magistrate near him, who shall to the utmost in his power, take care with the king of the said Indian, that all reasonable satisfaction be made to the said injured planter.

XIV. That all differences between the planters and the natives shall also be ended by twelve men; that is, by six planters, and six natives; that so we may live friendly together, as much as in us lieth, preventing all occasions of heartburnings and mischief.

"XV. That all Indians shall have liberty to do all things relating to the improvement of their grounds, and providing sustenance for their families, that any of the planters shall enjoy.

"XVI. That the laws as to slanders, drunkenness, swearing, cursing, pride in apparel, trespasses, distress, replevins, weights, and measures, shall be the same as in England, till altered by law in this province.

"XVII. That all shall mark their hogs, sheep, and other cattle, and what are not marked within three months after it is in their possession, be it young or old, it shall be forfeited to the governor, that so the people may be compelled to avoid the occasion of much strife between planters.

"XVIII. That in clearing the ground, care be taken to leave one acre of trees for every five acres cleared, especially to preserve oak and mulberries, for silk and shipping.

"XIX. That all masters of ships shall give an account of their countries, names, ships, owners, freights and passengers.

to an officer to be appointed for that purpose, which shall be registered in two days after their arrival; and if they shall refuse so to do, that then none presume to trade with them. upon forfeiture thereof; and that such, masters be looked upon as having an evil intention to the province.

"XX. That no person shall leave the province, without pub- ́ ̧ lication being made thereof in the market place three weeks? before, and a certificate from some justice of the peace, of his clearness with his neighbours, and those he dealt with, so far as such an affirmation can be attained, and given; and if any master of a ship shall, contrary hereunto, receive and carry away any such person, that hath not given such public notice, then the said master shall be liable for all debts owing by the said person, so secretly transported from this province.

"Lastly. That these are to be added to, or corrected, by and with the consent of the parties hereunto subscribed."

Here follow the names of the proprietary, and all the planters who had then become purchasers.

I have inserted this instrument to shew the purity of the measures of William Penn.

APPENDIX F....No. IV.

The frame of the government of the province of Pennsylvania, in America, together with certain laws agreed upon in England, by the governor and diverse freemen of the aforesaid province; to be further explained and confirmed there, by the first provincial council, that shall be held, if they see meet.

THE PREFACE.

"When the great and wise God had made the world, of all his creatures, it pleased him to choose man as his deputy to rule. it and to fit him for so great a charge and trust, he did not only qualify him with skill and power, but with integrity to use