USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 3
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Being, or one of them, and shall be ready to appcare in any of our Courts att Westminster, to answer for any misdemeanors that shall be comitted, or by any wilfull default or neglect pmitted by the said William Penn, his heires or assignes, against our Lawes of Trade or Navigacon, and after it shall be ascertained in any of our said Courts, what damages WEE or our heires or successors shall haue sustained, by such default or neglect, the said William Penn, his beires and assignes, shall pay the same within one yeare after such- taxacon and demand thereof, from such attorney. or in case there shall be noe such attorney, by the space of one yeare, or such attorney shall not make payment of such damages, within the space of one yeare, and answer such other forfeitures and penalties within the said time, as by the acts of parliament in England, are or shall be pvided. according to the true intent and meaning of these presents ; Then it shall be lawfule for vs, our heires and successors, to seize and Resume the government of the said pvince or Countrey, and the same to retaine untill payment shall be made thereof. But notwithstanding any such seizure or resumption of the Government, nothing concerening the propriety or ownership of any Lands, Tene- ments or other hereditaments, or goods, or chattels of any the adventurers, Planters or owners, other then the respective offenders there, shall be any way affected or molested thereby : PROVIDED alwayes, and our will and pleasure is that neither the said William Penn, nor his heires, nor any other the inhitants of the said pvince, shall at any time hereafter haue or maintain any correspon- dence with any other king, prince or State, or with any of theire subiects, who shall then be in warr against vs, our heires or succes- sors ; Nor shall the said William Penn, er his heires, or any other the inhabitants of the said pvince, make warre or doc any act of hostilitie against any other king, prince or state, or any of their subiects, who shall then be in league or amity with vs, our heires or successors. And because in soe remote a Countrey, and scituate neare many Barbarous Nations, the incursions as well of the savages themselues, as of other enemies, pirates and Robbers, may pbably be feared. Therefore, WEE have given and for vs, our heires and successors, Doe give power by these presents vnto the said William Penn, his heires and assignes, by themselues or their Captaines or other, their officers to levy, muster and traine all sorts of men. of what condicon, or wheresoever borne, in the said prince of Pen- sylvania, for the time being, and to make warr and pursue the ene- mies and Robbers aforesaid, as well by Sea as by Land, yea, even without the Limits of the said pvince, and by God's assistance, to vanquish and take them, and being taken, to put them to death by the law of Warr, or to save them att theire pleasure, and to doe all and every other act and thing, which to the charge and office of a Captaine generall of an Army, belongeth or hath accustomed to belong, as fully and ffreely as any Captaine Generall of an Army, hath ever had the same. AND FURTHERMORE, of our especiall grace and of our certaine knowledg and meere motion, WEE have
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given and granted, and by these presents for vs, our heires and suc- cessors, Doe give and grant vnto the said William Penn, his heires and assignes, full and absolute power, licence and authoritie, That he the said William Penn, his heires and Assignes, from time to time hereafter forever, att his or theire will and pleasure, may assigne, alien, grant, demise or infeoffe of the premises, soe many, and such partes and parcells to him or them, that shall be willing to purchase the same. as they shall thinke flitt. TO HAVE AND TO HOLD to them, the said person and persons willing to take or purchase, theire heires and assignes, in ffee simple or ffectaile, or for the terme of life, or liues, or yeares, to be held of the said William Penn, his beires and assignes, as of the said Seigniory of Windsor, by such services, customes and rents, as shall seeme ffitt to the said William Penn, his heires and assignes, and not imediately of vs, our heires and succes- sors, and to the same person or persons, and to all and every of them, WEE DOE give and grant by these presents, for vs, our heires and successors, Licence, authoritie and power, that such person or persons may take the premisses or any parcell thereof, of the afore- said William Penn, his heires or assignes, and the same hold to them selues, their heires and assignes, in what estate of inheritance soever, in ffee simple, or in fleetaile or otherwise, as to him the said William Penn, his heires and assignes, shall seem expedient. The Statutes made in the parliament of Edward, sonne of king Henry, late king of England. our predecessor, comonly called the Statute Quia Emp- tores terrarum, lately published in our kingdome of England, in any wise notwithstanding, and by these presents, WEE give and grant licence vnto the said William Penn, and his heires, likewise to all and every such person and persons to whom the said William Penn, or his heires, shall at any time hereafter, grant any estate of inheri- tance as aforesaid, to erect any parcells of Land within the prince aforesaid, into mannors, by and with the licence to be first had and obteyned for that purpose, vnder the hand and seale of the said Wil- liam Penn, or his heires, and in every of the said mannors, to haue and to hold a Court Baron, with all thinges whatsoever, which to a Court Baron do belong ; and to haue and to hold view of ffrank- pledge, for the conservacon of the peace, and the better government of those partes by themselves or their Stewarts, or by the Lords for the time being. of other mannors to be deputed when they shall be erected, and in the same, to vse all things belonging to view of ffrank- pledge ; and WEE doe further grant licence and authoritie that every such person and persons, who shall erect any such mannor or man- nors as aforesaid. shall or may grant all or any parte of his said lands to any person or persons, in ffee simple or any other estate of inheritance. to be held of the said mannors respectively, soo as noe further tenures shall be created, but that vpon all further and other alienacons thereafter, to be made the said lands soe aliened, shall be held of the same Lord and his heires, of whom the alien did then before hold, and by the like, rents and services, which were before due and accustomed. And further, our pleasure is and by these
DOCUMENTS.
presents for vs, our heires and successors, WEE doe Covenant and grant to and with the said William Penn, and his heires and assignes, that WEE, our heires and successors, shall att no time hereafter sett or make, or cause to be sett, any imposicon, custome or other taxa- con, rate or contribucon whatsoever, in and upon the dwellers and inhabitants of the aforesaid pvince, for their lands, tenements, goods or chattels, within the said province, or in and vpon any goods or merchandize within the said pvince, or to be laden or vnladen within the ports or harbours of the said pvince, vnles the same be with the consent of the pprietary, or chiefe Governor and Assembly, or by act of parliament in England. And our pleasure is, and for us our heires and successors, WEE charge and comand, that this our De- claracon, shall from henceforward be received, and allowed from time to time in all our Courts, and before all the Judges of vs, our heires and successors, for a sufficicient and law ful discharge, pay- ment and acquittance, comanding all and singular the officers and ministers of vs, our heires and successors, and enioyneing them vpon paine of our high displeasure, that they doe not presume att any time to attempt any thing to the contrary of the premises, or that they doe in any sort withstand the same, but that they bee att all times aiding and assisting as is fitting vnto the said William Penn, and his heires, and to the inhabitants and merchants of the prince afore- said, their servants, ministers, ffactors and assignes, in the full vso and fruition of the beneffitt of this our Charter : And cur further pleasure is, And WEE doe hereby, for vs, our heires and successors, charge and require that if any of the inhabitants of the said pvince, to the number of Twenty, shall att any time hereafter be desirous, and shall by any writeing or by any pson deputed for them, signify such their desire to the Bishop of London, that any preacher or preachers to be approved of by the said Bishop, may be sent vnto them for their instruccon, that then such preacher or preachers, shall and may be and reside within the said pvince, without any Deniall or molestacon whatsoever; and if pchance it should happen here- after, any doubts or questions should arise concerneing the true sence & meaning of any word, c'ause or sentence, conteyned in this our present charter, WEE WILL ordaine and comand, that att all times and in all things such interpretacon be made thereof, and allowed in any of our Courts whatsoever, as shall be adiudged most advanta- geous and favourable unto the said William Penn, his heires and assignes : PROVIDED alwayes, that no interpretacon be admitted thereof, by which the allegiance due. vnto vs, our heires and succes- sors, may suffer any preiudice or diminucon, although expres mencon be not made in these presents, of the true yearly value or certainty of the premisses, or of any parte thereof, or of other guifts and grants made by vs, our pgenitors or predecessors, vnto the said William Penn, or any Statute, act, ordinance, pvision, pelamacon or restraint heretofore, had made, published, ordained or pvided, or any other thing, cause or matter whatsoever to the contrary thereof, in any
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wise notwithstanding. In Witness whereof WEE have caused thesc our letters to be made patents, Witness our selfe at Westminster, the fourth day of March, in the three and thirtieth yeare of our Reigne. PIGOTT.
By Writt of privy Sealc. JOHN SHALER, chv'. xxvij die Janry, 1682, Fir.
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, One thousand six hundred and eighty one.
First. That so soon as it pleaseth God that the above said persons arrive there, a quantity of land or Ground plat shall be laid out for a largo Town or City in the most convenient place upon the River for health and navigaton; 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 will be necessary to the Cities, Towns, or through the lands. Great roads from City to City not to contain less than forty feet in breadth shall be first laid out and declared to be for highways before the Dividend of acres be laid out for the purchaser and the like observation to be had for the streets in the Towns and 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.
Secondly. That the land in the Town be laid out together after the proportion of ten thousand acres of the whole country. that is two hundred acres, if the place will bear it: However that the pro- portion be by lot and entire so as those that desire to be together, es- pecially those that are by the catalogue laid together, may be so laid together both in the Town & Country.
Thirdly. That when the Country lots are laid out, every purcha- ser from one thousand to Ten thousand acres or more, not to have above One thousand acres together, unless in three years they plant a family upon every thousand acres; but that all such as purchase together, lie together; and if as many as comply with this Condition, that the whole be laid out together.
Fourthly. That where any number of purchasers, more or less, whose number of acres amounts to Five or ten thousand acres, 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 prejudice of others of the same Township upon
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complaint thereof, made to the Governor or his deputy, with assist- ance they may award (if they see cause) that the complaining pur- chaser may, paying the survey money, and purchase money, and Interest thereof, be entitled, inrolled and lawfully invested in the lands so not scated.
Fifthly. That the proportion of lands 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 hundred acres purchased, if the place will allow it.
Sixthly. 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, Rivulets, Woods and Un- derwoods, Waters, Watercourses, Quarries, Mines and Minerals, (except mines Royal,) shall be freely and fully enjoyed and wholly by the purchasers into whose lot they fall.
Seventhly. That for every Fifty acres that shall be allotted to a. servant, at the end of his service, his Quitreat shall be two shillings per annum, and the master or owner of the Servant, when he shall take up the other Fifty acres, his Quitrent shall be Four shillings by the year, or if the master of the servant, (by reason in the Inden- tures he is so obliged 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, the One hundred acres, at the chief rent of Six shillings per annum.
Eightly. And for the encouragement of such as are ingenious, and 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 mans property, fully paving the damage done, and in case a Discovery should be made, that the discoverer have One Fifth, the owner of the soil (if not the Discoverer) a Tenth part, the Governor Two fifths, and the rest to the public Treasury, saving to the king the share re- served by patent.
Ninthly. In every hundred thousand acres, the Governor and Proprietary by lot reserveth 'T'en to himself, which shall lie but in one place.
Tenthly. That every man shall be bound to plant or man so much of his share of Land as shall be set out and surveyed within three years after it is so set out and surveyed, or else it shall be lawful for new comers to be settled thereupon, paying to them their survey money, and they go up higher for their shares.
Eleventhly. There shall be no buying and selling, be it with an Indian, or one amony another of any Goods to be exported but what shall be performed in public market, when such plaec 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 good, and full weight and proportion to the public Treasury of the Province, whether it be the merchandize of the Indian or that of the Planters.
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Twelfthly. And forasmuch as it is usual with the planters to over, 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 sen- sibly aggrieved, it is agreed, whatever is sold to the Indians, in consideration of their furs, shall be sold in the market place, and there suffer the test, whether good or bad ; if good to pass ; if not good, not to be sold for good, that the natives may not be abused nor provoked.
Thirteenthly. That no man shall by any ways cr means, in word or deed, affront or wrong any Indian, but he shall incur the same penalty of the Law, as if he had committed it against his fel- low planters ; and if any Indian shall abuse, in Word or Deed, 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 pro- vince, or his Lieutenant or Deputy, or some inferior magistrate near him, who shall, to the utmost of his power, take care with the king of the said Indian, that all reasonable Satisfaction be made to the said injured planter.
Fourteenthly. 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 Heart burnings and mischief.
Fifteenthly. That the Indians shall have liberty to do all things relating to improvement of their Ground, and providing sustenance for the families, that any of the planters shall enjoy.
Sixteenthly. That the laws as to Slanders, Drunkeness, Swear- ing, Cursing, Pride in apparel, Trespasses, Distresses, Replevins, Weights and measures, shall be the same as in England, till altered by law in this province.
Seventeenthly. 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 Go- vernor, that so people may be compelled to avoid the occasions of much strife between Planters.
Eighteenthly. 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.
Nineteethly. That all ship masters 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 within Two days after their arrival ; and if they shall refuse so to do that then none presume to trade with them, upon forfeiture there- of; and that such masters be looked upon as having an evil intention to the province.
Twentiethly. That no person leave the Province without publica- tion being made thereof in the market place, Three weeks before. and e certificate from some Justice of the peace, of his cicarness with his-
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ยท
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Deghbours and those he has dealt witha!, so far as such an assurance can be attained and given ; and if any master of a ship shall con- trary hereunto receive, and carry away any person that hath not given that public notice, the said master shall be liable to all debts owing by the said person, so secretly transported from the province. Lastly, that these are to be added to or corrected by and with the consent of the parties hereunto subscribed.
Scaled and delivered in the presence of
William Boelham, Harbert Springet, Thomas Prudyard,
Sealed and delivered in the pre-
sence of all the proprietors who have hereunto subscribed, except Thomas Farrinborrough and John Goodson, in the presence of Hugh Chamberlen, R. Murray, Harbert Springet,
WILLIAM PENN.
Humphry South,
Thomas Barker,
Samuel Jobson,
John Joseph Moore,
William Powel, Richard Davie, Griffith Jones,
Hugh Lambe,
Thomas Farrinborrough, John Goodson.
No. VII.
THE FRAME OF THE GOVERNMENT
Of the Province of Pennsylvania, in America: together with cer- tain laws in England, by the Governor and divers freemen of the aforesand 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 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 them justly. This native goodness was equally his honour and his happiness ; and whilst he stond here, all went well ; there was no need of coercive or compul- sive means ; the precept of divine love and truth in his bosom was the guide and keeper of his innocency. But lust prevailing against duty, made a lamentable breach upon it; and the law, that before had no power over him, took place upon him and his disobedient posterity, that such as would not live conformable to the holy law within, should fall under the reproof and correction of the just law without, in a judicial administration.
This the apostle teaches in divers of his epistles. The law (says he) was added because of trangression : In another place, knowing that the law was not made for the righteous man ; but for the dis obedient and ungodly, for sinners, for unholy and prophane, for murderers, for whoremongers, for them that defile themselves with mankind, and for menstealers, for liars, for perjured persons, &c.
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But this is not all, he opens and carries the matter of government a little further : Let every soul be subject to the higher powers, for there is no power but of God. The powers that be are ordained of God: whosoever therefore resisteth the power, resisteth the ordi- nance of God. For rulers are not a terror to good works, but to Evil : wilt thou then not be afraid of the power ? Do that which is good, and thou shalt have praise of the same. - He is the minister of God to thee for good .- Wherefore ye must needs be subject, not only for wrath, but for conscience sake.
This settles the divine right of government beyond exception, and that for two ends : first, to terrify evil-doers ; secondly, to che- rish those that do well; which gives government a life beyond corruption, and makes it as durable in the world, as good men shall be. So that government seems to me a part of religion itself, a thing sacred in its institution and end. For if it does not directly remove the cause, it crushes the effects of evil, and is as such (tho' a lower yet) an emanation of the same Divine Power, that is both author and object of pure religion ; the difference Iving here, that the one is more free and mental, the other more corporal and compulsive in its opera- tions : but that is only to evil doers; government itself being other- wise as capable of kindness, goodness and charity, as a more pri- vate society. They weekly err, that think there is no other use of go- vernment than correction, which is the coarsest part of it: daily experience tells us, that the care and regulation of many other affairs more soft and daily necessary, make up much the greatest part of government ; and which must have followed the peopling of the world, had Adam never fell, and will continue among men on earth under the highest attainments they may arrive at, by the coming of the blessed second Adam, the Lord from Heaven. Thus much of government in general, as to its risc and end.
For particular frames and models, it will become me to say little ; and comparatively I will say nothing. My reasons are : first. that the age is too nice and difficult for it ; there being nothing the wits of men are more busy and divided upor. 'Tis true, they seem to agree in the end, to wit., happiness; but in the means they differ, as to divine, so to this human felicity ; and the cause is much the same, not always want of light and knowledge, but want of using them rightly. Men side with their passions against their reason, and their sinister interests hive so strong a bias upon their minds, that they lean to them against the good of the things they know.
Secondly, I do not find a model in the world, that time, place, and some singular emergences have not necessarily altered ; nor is it easy to frame a civil government, that shall serve all places alike.
Thirdly, I know what is said by the several admirers of monar- chy, aristocracy and democracy, which are the rule of one, a few, and many, and are the three common ideas of government, when men discourse on that subject. But I choose to solve the controversy
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with this small distinction, and it belongs to all three : any govern- ment is free to the people under it (whatever be the frame) where the laws rule, and the people are a party to those laws, and imore than this is tyranny, oligarchy, and confusion.
But lastly, when all is said, there is hardly one frame of govern- ment in the world so ill designed by its first founders, that in good hands would not do well enough; and story tells us, the best in ill ones can do nothing that is great or good ; witness the Jewish and Roman states. Governments, like c'ocks, go from the motion men give them, and as governments are made and moved by men, so by them they are ruined too. Wherefore governments rather depend upon men, than men upon governments. Let men be good, and the government cannot be bad; if it be ill, they will cure it. But if men be bad, let the government be never so good, they will endeavour to warp and spoil it to their turn.
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