USA > Pennsylvania > Annals of Pennsylvania, from the discovery of the Delaware > Part 64
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CHARLES II.
both most desirable in itself, and beneficial to the public, and 1682. that it cannot be so cordially and durably maintained, to the - mutual benefit of each other, as by making them equally sharers in benefits and privileges, be it enacted by the pro- Act of union, prietary and governor aforesaid, by and with the advice and continued. consent of the deputies of the freemen of the province and counties aforesaid, in assembly met, that the counties of New Castle, Jones's, and Whorekills, alias Deal, shall be annexed, and by the authority aforesaid, are hereby annexed unto the province of Pennsylvania, as of the proper territory thereof, and the people therein shall be governed by the same laws, and enjoy the same privileges, in all respects, as the inhabit- ants of Pennsylvania do or shall enjoy, from time to time therein, any thing in this law, or any other law, act, or thing, in this province, to the contrary in anywise notwithstanding. And forasmuch as it is apparent that the just encouragement of the inhabitants of this province and territories thereunto belonging, is likely to be an effectual way for the improve- ment thereof, and since some of the people that live therein, and are like to come thereinto, are foreigners, and so not free- men, according to the acceptation of the law of England, the consequences of which might prove very detrimental to them in their estates and traffic, and so injurious to the prosperity of this province and territories thereof, be it enacted by the Act of natu- governor and proprietary of the province and counties afore- ralization. said, by and with the consent of the deputies of the freemen thereof, in assembly met, that all persons who are strangers and foreigners, that do now inhabit this province and counties aforesaid, that hold land in fee in the same, according to the law of a freeman, and who shall solemnly promise, within three months after the publication hereof, in their respective county courts where they live, upon record, faith and alle- giance unto the King of England, and his lawful heirs and successors, and fidelity and lawful obedience to William Penn, proprietary and governor of these provinces, &c., and his heirs and assigns, according to the king's letters-patent, shall be held and reputed freemen of the province and counties aforesaid, in as ample and full manner as any person residing therein ; and it is hereby further enacted by the authority aforesaid, that when at any time any person that is a foreigner shall make his request to the proprietary of this province, for the aforesaid freedom, the said person shall be admitted on the
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WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682. conditions herein expressed, paying, at admission, twenty shil- lings sterling, and no more, any thing in this law, or any other law, act, or thing in this province, to the contrary in Act of union, anywise notwithstanding.
continued.
" Given at Chester, alias Upland, the 7th day of Decem- ber, 1682, under the hand and broad seal of William Penn, proprietary and governor of this province and the territories thereunto belonging, being the second year of his government, by the king's authority. WILLIAM PENN."1
Confirma- tion of the act of union ?
In connection with this document, the following is inserted : it is a copy made from an apparently original instrument, which the author found in the Secretary of State's Office, at Harrisburg, written on parchment. It is endorsed " An act of union for annexing the counties of New Castle, Jones, and Whorekill, alias Deal, and the province, to be as a proper territory thereto belonging." It bears the same date as the above act, and its language is very similar, and in several parts exactly the same. It does not embrace the act for naturalization. Whether it is Penn's authority to the assem- bly, alluded to in their proceedings, or the confirmation of the act of union, is uncertain; if either, it is probably the latter, judging from its date. We have never seen it in print. The words, "by the king's authority," are written in a dif- ferent hand from the rest.
Dec. 7.
" Forasmuch as all that tract of land lying on the west side of the River Delaware, beginning from twelve miles above New Castle, upon said river, northward, and extending to the south cape, commonly called Cape Henlopen, making the mouth of the Bay of Delaware, of late divided into three counties, and called by the names of New Castle, Jones, and Whorekill, alias Deal, with their appurtenances, and the juris- diction and royalties thereunto belonging, are granted to William Penn, proprietary and governor of Pennsylvania, and his heirs and assigns for ever, by James, duke of York and Albany, &c., as by two deeds of feoffment, dated the 24th August, 1682, more at large appears. And whereas the freemen of the said counties have, by their deputies, humbly besought the present proprietary and governor to annex the said counties to the province of Pennsylvania, and to grant unto them the same privileges, and that they may live under the same laws and government that the inhabitants of said I Reg. Penns. vol. i. p. 430.
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CHARLES II.
province now do, or hereafter shall enjoy; and since the union of two distinct people, that are under one government, is both most desirable in itself, and beneficial to the public, and that it cannot be so cordially and durably maintained, to the mu- tual benefits of each other, as by making them equally sharers in benefits and privileges, be it enacted by the pro- prietary and governor aforesaid, by and with the advice and consent of the deputies of the freemen of the province and counties aforesaid, in assembly met, that the counties of New Castle, Jones, and Whorekill, alias Deal, shall be annexed, and by the authority aforesaid, are hereby annexed unto the province of Pennsylvania, as of the proper territory thereof, and the people therein shall be governed by the same laws, and enjoy the same privileges in all respects, as the inhabit- ants of Pennsylvania do or shall enjoy, from time to time therein, any thing in this law, or any other law, act, or thing in this province to the contrary in anywise notwithstanding. Given at Chester, alias Upland, this 7th day of December, 1682, being the second year of the government of William Penn, proprietary and governor of Pennsylvania, by the king's authority. WILLIAM PENN."
Penn, in a letter, shortly after, says, that the act of natu- ralization "much pleased the people." "The Swedes, for themselves, deputed Lacy Cock to acquaint him, on one oc- casion, that they would love, serve, and obey him with all they had, declaring it was the best day they ever saw."1
The following document, termed the "act of settlement," Dec. 17. is without date, but is generally considered as of the same date as the act of union, though it does not appear to be dis- tinctly referred to, unless included in the terms "written laws or constitutions," of which the governor promises to send " the original." The object seems to be to provide for certain difficulties arising from the " fewness" of the inhabit- ants, which rendered it impracticable to form so large an assembly as first proposed, by which their acts would other- wise be invalidated.
" Act of Settlement made at Chester, 1682 .- Whereas, The act of William Penn, proprietary and governor of the province of Pennsylvania and territories thereunto belonging, hath, out of his great kindness and goodness to the inhabitants thereof, been favourably pleased to give and grant unto them a char-
1 Clarkson. Proud.
1682.
settlement.
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WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682.
The act of settlement, continued.
ter of liberties and privileges, dated the 25th of the 2d month, 1682, by which charter it is said, the government shall con- sist of the governor and freemen of the said province, in the form of a provincial council and general assembly ; and that the provincial council shall consist of seventy-two members, to be chosen by the freemen, and that the general assembly may, the first year, consist of the whole body of the free- holders, and ever after of an elected number, not exceeding two hundred persons, without the consent of the provincial council and general assembly ; and such assembly to sit yearly, on the 20th day of the 3d month, as in the 1st, 2d, 3d, 6th, 14th, and 16th articles of the charter, reference being there- unto had, doth more at large appear.
" And forasmuch as this charter was the first of those pro- bationary laws that were agreed to and made by and between the proprietary and governor, and freemen, in England, that were purchasers in this province, which said laws, in the whole and in every part thereof, were to be submitted to the expla- nation and confirmation of the first provincial council and general assembly that was to be held in this province, as by the title and first law of the said agreement doth plainly appear.
" And whereas the proprietary and governor hath, accord- ing to that charter, issued out writs to the respective sheriffs of the six counties of this province, to summon the freemen thereof, to choose in each county twelve persons of most note for their sobriety, wisdom, and integrity, to serve in provin- cial council, and also to inform the freemen that they might come, for this time, in their own persons, to make up a gene- ral assembly according to charter. And that the said respec- tive sheriffs, by their returns, have plainly declared, that the fewness of the people, their inability in estate, and unskilful- ness in matters of government, will not permit them to serve in so large a council and assembly, as by the charter is ex- pressed, and therefore do desire, that the members now chosen to be their deputies and representatives may serve both for provincial council and general assembly; that is to say, three out of each county for the provincial council, and the remain- ing nine for the general assembly, according to act, as fully and amply as if the said provincial council and general assem- bly had consisted of the said numbers of members mentioned in the charter of liberties, upon consideration of the pre-
CHARLES II.
mises ; and that the proprietary and governor may testify his great willingness to comply with that which may be most easy and pleasing, he is willing that it be enacted :
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1682. -
The act of settlement, continued.
" And be it enacted by the proprietary and governor, by and with the unanimous advice and consent of the freemen of this province and territories thereunto belonging, in pro- vincial council and general assembly met, that the numbers desired by the inhabitants in their several petitions, and ex- pressed to be their desires by the sheriff's returns to the pro- prietary and governor, to serve as the provincial council and general assembly, be allowed and taken, to all intents and purposes, to be the provincial council and general assembly of this province, and that the quorum shall be proportionably settled, according to the method expressed in the fifth article, that is to say, two-thirds to make a quorum in extraordinary cases, and one-third in ordinary cases, as is provided in the said fifth article ; which said provincial council and general assembly so already chosen, are and shall be held and reputed the legal provincial council and general assembly of the pro- vince and territories thereof, for this present year, and that from and after the expiration of this present year, the pro- vincial council shall consist of three persons out of each county as aforesaid; and the assembly shall consist of six persons out of each county ; which said provincial council and general assembly may be hereafter enlarged, as the governor and provincial council and assembly shall see cause, so as the said number do not, at any time, exceed the limitations ex- pressed in the third and sixteenth articles of the charter, any thing in this act, or any other act, charter, or law, to the contrary in anywise notwithstanding.
" And because the freemen of this province and territories thercof, are deeply sensible of the kind and good intentions of the proprietary and governor in this charter, and of the singular benefit that redounds to them thereby, and are desir- ous that it may in all things best answer the design of the public good, the freemen of the said provincial council and general assembly met, having unanimously requested some variations, explanations, and additions, in and to the said charter, he, the proprietary and governor, hath therefore yielded that it be enacted,
" And it is hereby enacted, that the time for the meeting of the freemen of this province and territories thereof, to
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WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682.
The act of settlement, continued.
choose their delegates to represent and serve them in provin- cial council and general assembly, shall be yearly, hereafter, on the tenth day of the first month ; which members so chosen for the provincial council shall make their appearance, and give their attendance in provincial council, within twenty days after their election ; and the said members elected to serve in! general assembly, shall yearly meet and assemble on the tenth day of the said third month, to the end and purposes declared ! in the charter, and in such place as is limited in the said charter, unless the governor and provincial council shall, at any time, see cause to the contrary.
" And whereas it is expressed in the said charter, that the governor and provincial council shall prepare and propose to the general assembly all bills which they shall think fit to pass into laws, within the said province : be it enacted by the authority aforesaid, that the governor and provincial council shall have the power of preparing and proposing to the gene- ral assembly, all bills that they shall jointly assent to and think fit to have passed into laws, in the said province and territories thereof, that are not inconsistent with, but accord- ing to the powers granted by the king's letters-patent to the proprietary and governor aforesaid, which bills shall be pub- lished in the most noted towns and places in the said province and territories thereof, twenty days before the meeting of the general assembly aforesaid.
"And for the better decision and determination of all mat- ters and questions upon elections of representatives, and de- bates in provincial council and general assembly, it is hereby declared and enacted, &c., that all questions upon elections of representatives, and debates in provincial council and general assembly, in personal matters, shall be decided by the ballot ; and all questions about preparing and enacting laws, shall be determined by the vote.
" And that so united an interest may have an united term and style to be expressed by, it is hereby declared and enacted, that the general assembly shall be henceforth termed or called « The Assembly,' and the meeting of the governor, provincial council, and assembly, and their acts and proceed- ings, shall be styled and called ' The meetings, sessions, acts or proceedings of the General Assembly of the province of Pennsylvania, and the territories thereunto belonging.', And that the freemen of this province and the territories thereof,
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CHARLES II.
in may not, on their part, seem unmindful or ungrateful to their 1682. er proprietary and governor, for the testimony he hath been pleased to give of his great good will towards them and theirs, nor be wanting of that duty they owe to him and themselves, The act of they have prayed leave hereby to declare their most hearty acceptance of the said charter, and their humble acknowledg- ments for the same, solemnly promising that they will inviola- bly observe and keep the same, except as is herein excepted, and will neither directly nor indirectly contrive, propose, enact, or do any thing or things whatsoever, by virtue of the power thereby granted unto them, that shall or may redound to the prejudice or disadvantage of the proprietary and go- vernor, his heirs and successors, in their just rights, proper- ties, and privileges, granted to him and them by the king's letters-patent, and deeds of release and feoffment made to him by James, duke of York and Albany, &c., and whom they desire may be hereby acknowledged and recognised the true and rightful proprietaries and governors of the province of Pennsylvania and territories annexed, according to the king's letters-patent, and deeds of release and feoffment from James, duke of York and Albany, unto the said proprietary and go- vernor, his heirs and successors, any thing in this act, or any other act, grant, charter, or law, to the contrary of these things herein and hereby explained, altered, limited, promised, declared, and enacted, in anywise notwithstanding."1
We now come to the "Great Law," as passed by the as- sembly, so justly celebrated for its provision for "liberty of conscience."
" THE GREAT LAW, or, the body of Laws of the province of Pennsylvania and territories thereunto belonging, passed at an assembly at Chester, alias Upland, the 7th day of the 10th month, December, 1682.
" Whereas the glory of Almighty God, and the good of mankind, is the reason and end of government, and therefore Preamble. government, in itself, is a venerable ordinance of God; and forasmuch as it is principally desired and intended by the proprietary and governor, and the freemen of the province of Pennsylvania, and territories thereunto belonging, to make and establish such laws as shall best preserve true Christians and civil liberty, in opposition to all unchristian, licentious, and unjust practices, whereby God may have his due, Cæsar
1 Reg. Penns. vol. ii. pp. 156-157.
settlement, continued.
620
WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682.
his due, and the people their due, from tyranny and oppres- sion of the one side, and insolency and licentiousness of the other, so that the best and firmest foundation may be laid for the present and future happiness of both the governor and people of this province and territories aforesaid, and their posterity .- Be it therefore enacted, by William Penn, pro- prietary and governor, by and with the advice and consent of the deputies of the freemen of this province, and counties aforesaid, in assembly met, and by the authority of the same, that these following chapters and paragraphs shall be the laws of Pennsylvania and the territories thereof.
Liberty of conscience.
1. " Almighty God being only Lord of conscience, father of lights and spirits, and the author as well as object of all divine knowledge, faith, and worship, who only can enlighten the mind, and persuade and convince the understanding of people, in due reverence to his sovereignty over the souls of mankind. It is enacted by the authority aforesaid, that no per- son now or at any time hereafter living in this province, who shall confess and acknowledge one Almighty God to be the creator, upholder, and ruler of the world, and that professeth him or herself obliged in conscience to live peaceably and justly under the civil government, shall in anywise be molested or prejudiced for his or her conscientious persuasion or prac- tice, nor shall he or she at any time be compelled to fre- quent or maintain any religious worship, place, or ministry whatever, contrary to his or her mind, but shall freely and fully enjoy his or her Christian liberty in that respect, without any interruption or reflection ; and if any person shall abuse or deride any other for his or her different persuasion and practice in matter of religion, such shall be looked upon as a disturber of the peace, and be punished accordingly. But to the end that looseness, irreligion, and atheism may not creep in under pretence of conscience, in this province, be it further enacted by the authority aforesaid, that according to the good example of the primitive Christians, and for the ease of the creation, every first day of the week, called the Lord's Day, people shall abstain from their common toil and labour, that whether masters, parents, children, or servants, they may the better dispose themselves to read the Scriptures of truth at home, or to frequent such meetings of religious worship abroad as may best suit their respective persuasions.
Observance of the Lord's Day.
2. " And be it further enacted, by the authority aforesaid,
th th ar
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CHARLES II.
hat all officers and persons commissionated and employed in 1682. the service of the government of this province, and all members and deputies elected to serve in assembly thereof, and all that have right to elect such deputies, shall be such as profess and All officers to leclare they believe in Jesus Christ to be the Son of God, profess be- lief in the and Saviour of the world, and that are not convicted of ill-fame, divinity of or unsober and dishonest conversation, and that are of one Christ. and twenty years of age at least. And be it further enacted, by the authority aforesaid, that whosoever shall swear, in their conversation, by the name of God, or Christ, or Jesus, being Profaneness to be pun- ished. legally convicted thereof, shall pay for every such offence five shillings, or suffer five days' imprisonment in the house of correction, at hard labour, to the behoof of the public, and be fed with bread and water only, during that time.
3. " And be it further enacted, by the authority aforesaid, Against that whosoever shall swear by any other thing or name, and is legally convicted thereof, shall, for every such offence, pay half a crown, or suffer three days' imprisonment in the house of correction, at hard labour, having only bread and water for their sustenance.
swearing generally.
4. " And be it further enacted, by the authority aforesaid, for the better preventing of corrupt communication, that who- soever shall speak loosely and profanely of Almighty God, Christ Jesus, the Holy Spirit, or the Scriptures of truth, and is legally convicted thereof, shall, for every such offence, pay five shillings, or suffer five days' imprisonment in the house of correction, at hard labour, to the behoof of the public, and be fed with bread and water only, during that time.
5. " And be it further enacted, by the authority aforesaid, Cursing. that whosoever shall, in their conversation at any time, curse himself or another, or any thing belonging to himself or any other, and is legally convicted thereof, shall pay for every such offence five shillings, or suffer five days' imprisonment, as aforesaid.
6. " And be it further enacted, by the authority aforesaid, that if any person shall, with malice or premeditation, kill, or be accessory to the death of another person, man, woman, or child, being legally convicted thereof, shall, according to the law of God and all nations, suffer death ; and that the estates of all capital offenders shall go one-half to the next of kin of the sufferer, and the remainder to the next kin of the cri- minal.
Blasphemy.
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Murder pun- ished with death and confiscation of property.
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WILLIAM PENN, PROPRIETARY AND GOVERNOR.
1682.
. 7. "And be it further enacted, by the authority aforesaid, that all persons guilty of manslaughter, or chance-medley, shall be punished according to the nature and circumstance of the offence.
Man- slaughter.
Adultery, how pun- ished.
8. " And be it further enacted, by the authority aforesaid, that whosoever defileth the marriage-bed, by lying with another woman or man than their own wife or husband, being legally convicted thereof, shall, for the first offence, be publicly whipped, and suffer one whole year's imprisonment in the house of correction, at hard labour, to the behoof of the pub- lic, and longer, if the magistrate see meet ; and both he and the woman to be liable to a bill of divorcement, if required by the grieved husband or wife, within the said term of one whole year after conviction ; and for the second offence, imprison- ment in manner aforesaid during life; and if the party with whom the husband or wife shall defile their beds, be unmar- ried, for the first offence they shall suffer half a year's im- prisonment, in the manner aforesaid; and for the second offence, imprisonment for life.
Incest.
9. " And be it further enacted, by the authority aforesaid, that if any person shall be legally convicted of incest, which is uncleanness betwixt near relations in blood, such shall for- feit one-half of his estate, and both suffer imprisonment a whole year in the house of correction, at hard labour; and for the second offence, imprisonment, in manner aforesaid, for life.
Sodomy.
10. "And be it further enacted, by the authority aforesaid, that if any person shall be legally convicted of the unnatural sin of sodomy, or joining with beasts, such persons shall be whipped, and forfeit one-third part of his or her estate, and work six months in the house of correction, at hard labour ; and for the second offence, imprisonment, as aforesaid, during life.
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