USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 4
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I know some say, let us have good laws, and no matter for the men that execute them : but let them consider, . that though good laws do well, good men do better: for good laws may want good men, and be [abolished or invaded by ill men; but good men will never want good laws, nor suffer ill ones. 'Tis true, good laws have some awe upon ill ministers, but that is where they have not power to escape or abolish them, and the people are generally wise and good : but a loose and depraved people (which is to the question) loye laws and an administration like themselves. That therefore, which makes a good constitution, must keep it, viz: men of wisdom and virtue, qual- ities, that because they descend not with worldly inheritances, must be carefully propagated by a virtuous education of youth, for which after ages will owe more to the care and prudence of founders, and the successive magistracy, than to their parents for their private pa- trimonies.
These considerations of the weight of government, and the nice and various opinions about it, made it uneasy to me to think of pub- lishing the ensuing frame and conditional laws, foreseeing both the censures they will meet with from men of differing humours and en- gagements, and the occasion they may give of discourse beyond my design.
But next to the power of necessity (which is a solicitor that will take no denial) this induced me to a compliance, that we have (with reverence to God, and good conscience to men) to the best of our skill, contrived and composed the FRAME and LAWS of this go- vernment, to the great end of all government, viz: to support pow- er in reverence with the people, and to secure the people from the abuse of power; that they may be free by their just obedience, and the magistrates honourable for their just administration: for liberty without obedience is confusion, and obedience without liberty is sla- very. To carry this evenness is partly owing to the constitution, and partly to the magistracy: where either of these fail, government will be subject to convulsions; but where both are wanting, it must be totally subverted: then where both meet, the government is like
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to endure. Which I humbly pray and hope God will please to make the lot of this of Pennsylvania. Amen.
WILLIAM PENN.
THE FRAME.
TO ALL PEOPLE, to whom these presents shall come. WHERE- AS king Charles the second, by his letters patents, under the great seal of England; for the consideration therein mentioned, hath been graciously pleased to give and grant urto me William Penn (by the name of William Penn, Esq. son and heir of Sir William Penn, deceased) and to my heirs and assigns forever, all that tract of land or province, called Pennsylvania, in America, with divers great powers, preheminences, royalties, jurisdictions, and authorities. no- cessary for the well-being and government thereof : NOW KNOW YE, that for the well-being) and government of the said province, and for the encouragement of all the freemen and planters that may be therein concerned, in pursuance of the powers aforementioned, I the said William Penn have declared, granted, and confirmed, and by these presents, for me, my heirs and assigns, do declare, grant and confirm unto all the freemen, planters and adventurers, of, in and to the said province, these liberties, franchises, and properties, to be held, enjoyed and kept by the freemen, planters and inhabitants of the said province of Pennsylvania for ever.
Imprimis. That the government of this province shall, according to the powers of the patent, consist of the Governor and freemen of the said province, in form of a Provincial Council and General Assem- bly, by whom all laws shall be made, officers chosen, and publick affairs transacted. as is hereafter respectively declared. That is to say,
Second. That the freemen of the said province shall, on the twentieth day of the twelfth month, which shall be in this present year, one thousand six hundred eighty and two, meet and assemble in some St place, of which timely notice shall be before hand given. by the governor or his deputy, and then and there shall choose cut of themselves seventy two persons of most note for their wisdom, virtue and ability, who shall meet on the tenth day of the first month next ensuing, and always be called and act as the Provincial Council of the said province.
Third. That at the first choice of such Provincial Council, one third part of the said Provincial Council shall be chosen to serve for three years next ensuing ; one third part for two years then next en- suing, and one third part for one year then next following such election, and no longer ; and that the said third part shall go out accordingly. And on the twentieth day of the twelfth month as
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aforesaid, yearly for ever afterward, the freemen of the said pro- vince shall in like manner meet and assemble together, and then chuse twenty four persons, being one third of the said number, to serve in Provincial Council for three years. It being intended, that one third part of the whole Provincial Council (always consisting and to consist of seventy two persons, as aforesaid) falling off' yearly, it shall be yearly supplied by such new yearly elections, as aforesaid ; and that no one person shall continue therein longer than three years: and in case any member shall decease before the last election during his time, that then at the next election ensuing his decease, another shall be chosen to supply his place for the remaining time he was to have served, and no longer.
Fourth. That after the first seven years, every one of the said third parts that goeth yearly off, shall be uncapable of being chosen again for one whole year following : that so all may be fitted for government, and have experience of the care and burden of it.
Fifth. That the Provincial Council in all cases of matters of mo- ment, as their arguing upon bills to be past into laws, erecting courts of justice, giving judgment upon criminals impeached, and choice of officers, in such manner as is herein after mentioned ; not less than two thirds of the whole Provincial Council shall make a quorum ; and that the consent and approbation of two thirds of such quorum shall be had in all such cases and matters of moment. And more- over, that in all cases and matters of lesser moment, twenty-four members of the said Provincial Council shall make a quorum, the majority of which twenty four shall and may always determine in such cases and causes of lesser moment.
Sixth. That in this Provincial Council the governor or his deputy shall or may always preside, and have a treble voice; and the said Provincial Council shall always continue, and sit upon its own adjournments and committees.
Seventh. That the governor and Provincial Council shall pre- pare and propose to the General Assembly hereafter mentioned, all bills, which they shall at any time think fit to be passed into laws within the said province; which bills shall be published and affixed to the most noted places in the inhabited parts thereof thirty days before the meeting of the General Assembly, in order to the passing them into laws, or rejecting of them, as the General Assembly shall see meet.
Eighth. That the governor and Provincial Council shall take care that all laws, statutes and ordinances, which shall at any time be made within the said province, be duly and diligently executed.
Ninth. That the governor and Provincial Council shall at all times have the care of the peace and safety of the province, and that nothing be by any person attempted to the subversion of this frame of goverment.
Tenth. That the governor and Provincial Council shall at all times settle and order the situation of all cities, ports and market
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towns in every county, modelling therein all public buildings, streets, and market places, and shall appoint all necessary roads and high- ways in the province.
Eleventh. That the governor and Provincial Council shall at all times have power to inspect the management of the publick trea- sury, and punish those who shall convert any part thereof to any other use, than what hath been agreed upon by the governor, Pro- vincial Council and General Assembly.
Twelfth. That the governor and Provincial Council shall erect and order all publick schools, and encourage and reward the authors of useful sciences and laudable inventions in the said pro- vince.
Thirteenth. That for the better management of the powers and trust aforesaid, the Provincial Council shall from time to time divide itself into four distinct and proper committees, for the more easy ad- ministration of the affairs of the province, which divides the seventy- two into four eighteens, every one of which eighteens shall consist of six out of each of the three orders or yearly elections, each of which shall have a distinct portion of business, as followeth: first, a com- mittee of plantations, to situate and settle cities, ports, market-towns and high-ways, and to hear and decide all suits and controversies re. lating to plantations. Secondly, a committee of justice and safety, to secure the peace of the province, and punish the male-administra- tion of those who subvert justice to the prejudice of the publick or private interest. Thirdly, a committee of trade and treasury, who shall regulate all trade and commerce according to law, encourage manufacture and country growth, and defray the publick charge of the province. And fourthly, a committee of manners, education, and arts, that all wicked and scandalous living may be prevented, and that youth may be successively trained up in virtue and useful knowledge and arts: the quorum of each of which committees being six, that is, two out of each of the three orders or yearly elections as aforesaid, making a constant and standing council of twenty-four, which will have the power of the Provincial Council, being the quo- rum of it. in all cases not excepted in the fifth article; and in the said committees and standing Council of the province, the governor or his deputy shall or may preside as aforesaid; and in the absence of the governor or his deputy, if no one is by either of them appointed, the said commitiees or Council, shall appoint a president for that time, and not otherwise; and what shall be resolved at such committees, shall be reported to the said Council of the province, and shall be by them resolved and confirmed before the same shall be put in execu- tion; and that these respective committees shall not sit at one and the same time, except in cases of necessity.
Fourteenth. And to the end that all laws prepared by the go- vernor and Provincial Council aforesaid, may yet have the more full concurrence of the freemen of the province, it is declared, granted, and confirmed, that at the time and place or places for the choice of
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a Provincial Council as aforesaid,the said freemon shall yearly choose members to serve in General Assembly as their representatives, not exceeding two hundred persons, who shall yearly meet on the twenti- cth day of the second month, which shall be in the year one thousand six hundred eighty and three following, in the capital, town, or city of the said province, where during eight days the several members may freely confer with one another; and, if any of them see meet, with a committee of the Provincial Council (consisting of Three out of each of the four committees aforesaid, being twelve in all) which shall be at that time purposely appointed to receive from any of them proposals for the alteration or amendment of any of the said proposed and promulgated bills: and on the ninth day from their so meeting, the said General Assembly, after reading over the proposed bills by the clerk of the Provincia. Council, and the occasion and motives for them being opened by the governor or his deputy, shall give their affirmative or negative, which to them seemeth best, in such manner as hereinafter is expressed. But not less than two thirds shall make a quorum in the passing of laws, and choice of such officers as are by them to be chosen.
Fifteenth. That the laws so prepared and proposed as aforesaid, that are assented to by the General Assembly, shall be enrolled as aws of the province, with this stile: By the Governor, with the assent and approbation of the freemen in Provincial Council and General Assembly.
Sixteenth. That for the better establishment of the Government and laws of this province, and to the end there may be an universal satisfaction in the laving of the fundementals thereof; the General Assembly shall or may for the first year consist of all the freemen of and in the sud province, and ever after it shall be yearly chosen, as aforesaid; which number of two hundred shall be enlarged as the country shall increase in people, so as it do not exceed five hundred at any time: the appointment and proportioning of which, as also the laying and methodizing of the choice of the Provincial Council and General Assembly in future times, most equally to the divisions of the hundreds and counties, which the country shall hereafter be divided into; shall be in the power of the Provincial Council to propose, and the General Assembly to resolve.
Seventeenth. That the governor and the Provincial Council shall erect. from time to time, standing courts of justice in such places and number as they shall judge convenient for the good go- vernment of the said province. And that the Provincial Council shall, on the thirteenth day of the first month yearly, elect and pre- sent to the governor or his deputy, a double number of persons to serve for judges, treasurers, master of rolls, within the said province for the year next ensuing; and the freemen of the said province in the county courts, when they shall be erected, and till then in the General Assembly shall, on the three and twentieth day of the se- cond month yearly, elect and present to the governor or his deputy, a double number of persons to serve for sheriff's, justices of the
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peace, and coroners, for the year next ensuing; out of which re- spective elections and presentments, the governor or his deputy shall nominate and commissionate the proper number for each office the third day after the said presentments ; or else the first named in such presentment for each office, shall stand and serve for that office the year ensuing.
Eighteenth. But forasmuch as the present condition of the province requires some immediate settlement, and admits not of so quick a revolution of officers; and to the end the said province may with all convenient speed be well ordered and settled, I William Penn do therefore think fit, to nominate and appoint such persons for judges, treasurers, masters of the rolls, sheriffs, justices of the peace, and coroners, as are most fitly qualified for those employ- ments ; to whom I shall make and grant commissions for the said offices respectively, to hold to them to whom the same shall be granted, for so long time as every such person shall well behave himself in the office or place to him respectively granted, and no longer. And upon the decease or displacing of any of the said offi- cers, the succeeding officer or officers shall be chosen as aforesaid.
Nineteenth. That the General Assembly shall continue so long as may be needful to impeach criminals fit to be there impeached ; to pass bills into laws. that they shall think fit to pass into laws, and till such time as the governor and Provincial Council shall de- clare, that they have nothing further to propose unto them for their assent and approbation ; and that declaration shall be a dismiss to the General Assembly for that time, which General Assembly shall be notwithstanding capable of assembling together, upon the sum- mons of the Provincial Council, at any time during that year, if the said Provincial Council shall see occasion for their so assembling.
Twentieth. That all the elections of members or representa- tives of the people, to serve in Provincial Council and General As- sembly, and all questions to be determinated by both or either of them, that relate to passing of bills into laws, to the choice of offi- cers, to impeachments made by the General Assembly, and judgment of criminals upon such impeachments by the Provincial Council, and to all other cases by them respectively judged of importance. shall be resolved and determined by the ballot; and, unless on sudden and indispensible occasions, no business in Provincial Council, or its re- spective committees, shall be finily determined the same day that it is moved.
Twenty-first. That at all times, when and so often as it shall happen, that the Governor shall or may be an infant, under the age of one and twenty years, and no guardians or commissioners are appointed in writing by the father of the said infant, or that such guardians or commissioners shall be deceased ; that during such minority, the Provincial Council shall, from time to time, as they shall see meet, constitute and appoint guardians or commissioners, not exceeding three ; one of which three shall preside as deputy and
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chief guardian, during such ininority, and shall have and execute, with the consent of the other two, all the power of a governor, in- all the public affairs and concerns of the said province.
Twenty-second. That as often as any day of the month, men- tioned in any article of this charter, shall fall upon the first day of the week, commonly called the Lord's day, the business appointed for that day, shall be deferred till next day, unless in case of emer- gency.
Twenty-third. That no act, law or ordinance whatsoever, shall at any time hereafter be made or done, by the governor of this pro- vince, his heirs or assigns, or by the freemen in the Provincial Council or the General Assembly, to alter; change or diminish the form or effect of this charter, or any part or clause thereof, without the con- sent of the governor, his heirs or assigns, and six parts of seven of the said freemen in Provincial Council, and General Assembly.
And lastly. That I the said William Penn, for myself, my heirs, and assigns, have solemnly declared, granted and confirmed, and do hereby solemnly declare, grant and confirm, that neither I, my heirs nor assigns, shall procure or do any thing or things, whereby the liberties in this charter contained and expressed, shall be infringed or broken ; and if any thing be procured by any person or persons contrary to these premises, it shall be held of no force or effect. In Witness whereof, I the said William Penn have unto this present charter of liberties, set my hand and broad seal, this five and twen- tieth day of the second month, vulgarly called April, in the year of our Lord, one thousand six hundred and eighty-two.
WILLIAM PENN.
LAWS AGREED UPON IN ENGLAND.
First. That the charter of liberties, declared, granted and con- firmed, the five and twentieth day of the second month, called April, 1682, before divers witnesses by William Penn, governor and chief proprietary of Pennsylvania, to all the freemen and planters of the said province, is hereby declared and approved, and shall be for ever held for fundamental, in the government thereof, according to the limitations mentioned in the said charter.
Second. That every Inhabitant in the said province, that is or shall be a purchaser of one hundred acres of land or upwards, his heirs and assigns, and every person who shall have paid his passage, and taken up one hundred acres of land, at one penny an acre, and have cultivated ten acres thereof, and every person that hath been a servant or bondsman, and is free by his service, that shall have ta- ken up his fifty acres of land, and cultivated twenty thereof, and every inhabitant, artificer, or other resident in the said province, that
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pays scot and lot to the government, shall be deemed and accounted a freeman of the said province; and every such person shall and may be capable of electing or being elected representatives of the people in Provincial Council or General Assembly in the said province.
Third. That all elections of members of representatives of the people and freemen of the province of Pennsylvania, to serve in Provincial Council or General Assembly, to be held within the said province, shall be free and voluntary : and that the elector that shall receive any reward or gift. in meat, drink, monies or otherwise, shall forfeit his right to elect; and such person as shall, directly or indirectly, give, promise, or bestow any such reward as aforesaid, to be elected, shall forfeit his election, and be thereby incapable to serve as aforesaid. And the Provincial Council and General Assem- bly shall be the sole judges of the regularity or irregularity of the elections of their own respective members.
Fourth. That no money or goods shall be raised upon, or paid by any of the people of this province, by way of a publick tax, cus- tom or contribution, but by a law for that purpose made; and whoso- ever shall levy, collect or pay any money or goods contrary thereun- to, shall be held a publick enemy to the province, and a betrayer of the liberties of the people thereof.
Fifth. That all courts shall be -open, and justice shall neither be sold denied or delayed.
Sixth. That in all courts all persons of all persuasions may freely appear in their own way, and according to their own manner, and there personally plead their own cause themselves, or if unable, by their friends. And the first process shall be the exhibition of the complaint in court, fourteen days before the trial ; and that the party complained against may be fitted for the same,he or she shall be sum- moned no less than ten days before, and a copy of the complaint delivered him or her. at his or her dwelling house. But before the complaint of any person be received, he shall solemnly declare in court, that he believes in his concience his cause is just.
Seventh. That all pleadings, processes and records in courts. shall be short, and in english, and in an ordinary and plain charac- ter, that they may be understood, and justice speedily administered.
Eighth. That all trials shall be ty twelve men, and as near as may be, peers or equals, and of the neighborhood, and men without just exception. In cases of life, there shall be first twenty-four returned by the sheriff for a grand inquest, of whom twelve at leas: shall find the complaint to be true; and then the twelve men, or peers to be likewise returned by the sheriff, shall have the final judgment. But reasonable challenges shall be always admitted against the said twelve men or any of them.
Ninth. That all fees in all cases shall be moderate, and settled by the Provincial Council and General Assembly, and be hung up in a table in every respective court ; and whosoever shall be convicted
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of taking more, shall pay twofold, and be dismissed his employment, one moiety of which shall go to the party wronged.
Tenth. That all bprisons shall be workhouses for felons, va- grants, and loose and idle persons ; whereof one shall be in every county.
Eleventh. That all prisoners shall be bailable by sufficient sure- ties, unless for capital offences, where the proof is evident, or the presumption great.
Twelfth. That all persons wrongfully imprisoned or prosecu- ted at law, shall have double damages against the informer or pro- secutor.
Thirteenth. That all prisons shall be free, as to fees, food, and lodging.
Fourteenth. That all lands and goods shall be liable to pay debts, except where there is legal issue, and then all the goods, and one third of the land only.
Fifteenth. That all wills and writing attested by two witness- es, shall be of the same force, as to lands as other conveyances, being legally proved within forty days, either within or without the said province.
Sixteenth. That seven years quiet possession shall give an un- questionable right, except in cases of infants, lunaticks, married women, or persons beyond the seas.
Seventeenth. That all briberies and extortions whatsoever, shall" be severely punished.
Eighteenth. That all fines shall be moderate, and saving mens contenements, merchandize or wainage.
Nineteenth. That all marriages (not forbidden by the law of God, as to nearness of blood and affinity by marriage) shall be en- couraged ; but the parents or guardians shall be first consulted, and the marriage shall be published before it be solemnized, and it shall be solemnized by taking one another as husband and wife, before credible witnesses, and a certificate of the whole, under the hands of parties and witnesses, shall be brought to the proper register of that county, and shall be registered in his office.
Twentieth. And to prevent frauds and vexatious suits within the said province, that all charters, gifts, grants, and conveyances of land, (except leases for a year or under) and all bills, bonds, and specialties have five pounds, and not under three months, made in the said province, shall be enrolled or registered in the publick enrolment office of the said province within the space of two months next after the making thereof. else to be void in law. And all deeds, grants, and conveyances of land (except as aforesaid) within the said province, and made out of the said province, shall be inrolled or registered as aforesaid, within six months next after the making thereof, and sett- ling and constituting an enrolment office or registry within the said province, else to be void in law against all persons whatsoever.
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