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The link below is from Google books "Hazards Register of Pennsylvania".
This reveals Chief Justice Thomas McKean's opinion and confirmation on the Charter from King Charles II to William Penn as an absolute one,
starting on page 113 to 115.
The Justice answers 5 questions, starting at the top of page 114. Hazard's Register of Pennsylvania Also see: Hazard's Register of Pennsylvania Pennsylvania Charter of 1681.pdf Pennsylvania Constitution 1776.pdf Acts (Laws) of the General Assembly of the Commonwealth of Pennsylvania.pdf regarding land patents Act No. 323 (Commonwealth gave the land free and clear of reservations and restrictions, and free of claims on the part of the Commonwealth). Wallace v. Harmstad 44 pa 492.doc 44 Pa. 492, 1863 WL 4732 (Pa.), 20 Leg.Int. 236, 3 Luz.L.O. 273, 8 Wr.Pa. 492, 5 Leg. & Ins. Rep. 90 (Wallace v Harmstad 44 Pa. 492 (1863)… "land titles in this state [Pennsylvania] are Allodial, and not feudal.", …. "retaining only what was expressed in the deed.") Pennsylvania could have and did express it's right to reserve and exclude from what was granted. What was not expressly excluded was included in what was granted. under the Act of the Assembly of April 9th, 1781.
"all and every land or lands granted in pursuance of this Act that
"all and every the land or lands granted in pursuance of this act shall be free and clear of
all reservations and restrictions as to mines, royalties, quit-rents, or otherwise, so that the owners thereof
respectively shall be entitled to hold the same in absolute and unconditional property, to all intents and purposes
whatsoever, and to all and all manner of profits, privileges, and advantages belonging to or accruing from the same, and
that clear and exonerated from any charge or encumbrance whatever, excepting the debts of the said owner, and excepting
and reserving only the fifth part of all gold and silver ore for the use of the Commonwealth, to be delivered at the
pit's mouth, clear of all charges."
Dutch Corner v. Stahl 2013 pa commonwealth_Lexis_397.doc : See first page where Pennsylvania Commonwealth Court confirms the Royal Charter By the Royal Charter of March 4, 1681, King Charles II of England granted "William Penn, his heirs and assigns ... make, create and constitute the true and absolute proprietaries of the Contrey [Pennsylvania]" conveying to him "an immediate and absolute estate in fee to the province of Pennsylvania." Thompson v. Johnston, 6 Binn. 68, 70 (Pa. 1813) The original Land Office under the Pennsylvania Proprietary was regarded as their private business, and was not regulated by statute. When, under Governor Denny, the assembly wanted to make it an office of record and the governor approved, interest was found in England to procure the royal dissent. See Yeates, J., in Todd's Lessee v. Ockerman, 1 Yeates 295, 297 (Pa. 1793). Research on King's Bench Equity (8 page WORD document)
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