Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/150

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110
HISTORY OF THE COLONIES.
[BOOK I.

said lands to be bounded on the north by the beginning of the 43d degree of north latitude; and on the south by a circle drawn at twelve miles' distance from New-Castle, northward and westward, to the beginning of the 40th degree of northern latitude; and then by a straight line westward to the limits of the longitude above mentioned.[1]

§ 122. The charter constituted Penn the true and absolute proprietary of the territory thus described, (saving to the crown the sovereignty of the country, and the allegiance of the proprietary and the inhabitants,) to be holden of the crown as of the castle of Windsor in Berks, in free and common soccage, and not in capite, or by knight service; and erected it into a province and seignory by the name of Pennsylvania. It authorized the proprietary and his heirs and successors to make all laws for raising money and other purposes, with the assent of the freemen of the country, or their deputies assembled for the purpose.[2] But "the same laws were to be consonant to reason, and not repugnant or contrary, but, as near as conveniently may be, agreeable to law and statutes and rights of this our kingdom of England."[3] The laws for the descent and enjoyment of lands, and succession to goods, and of felonies, to be according to the course in England, until altered by the assembly. All laws were to be sent to England within five years after the making of them, and, if disapproved of by the crown within six months, to become null and void.[4] It also authorized the proprietary to appoint judges and other officers; to pardon and
  1. 1 Proud. Penn. 172.
  2. 1 Proud. Penn. 176; Laws of Pennsyl. Ed. of Franklin, 1742, App.
  3. 1 Proud. Penn. 175, 176, 177.
  4. 1 Proud. Penn. 177, 178.