USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 5
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Twenty-first. That all defacers or corruptors of charters, gifts, grants, bonds, bills, wills, contracts and conveyances, or that shall deface or falsify any enrolment, registry or record within this pro- vince, shall make double satisfaction for the same ; half whereof shall go the party wronged, and they shall be dismissed of all places of trust, and be publickly disgraced as false men.
Twenty-second. That there shall be a register for births, marria- ges, burials, wills, and letters of administration, distinct from the other registry.
Twenty-third. That there shall be a register for all servants, where their names, time, wages, and days of payment, shall be re- gistered.
Twenty-fourth. That all lands and goods of felons shall be liable to make satisfaction to the party wronged twice the value : and for want of lands or goods, the felons shall be bond-men to work in the common prison or work-house, or otherwise, till the party injured be satisfied.
Twenty-fifth. That the estates of capital offenders, as traitors and murderers, shall go one third to the next of kin to the sufferer, and the remainder to the next of kin to the criminal.
Twenty-sixth. That all witnesses, coming or called to testify their knowledge in or to any matter or thing in any court, or before any lawful authority within the said province, shall there give or deliver in their evidence or testimony, by solemnly promising to speak the truth, the whole truth, and nothing but the truth, to the matter or thing in question. And in case any person so called to evidence, shall be convicted of wilful falsehood, such person shall suffer and undergo such damage or penalty, as the person or persons against whom he or she bore false witness, did or should undergo; and shall also make satisfaction to the party wronged, and be publickly expo- sed as a false witness, never to be credited in any court, or before any magistrate, in the said province.
Twenty-seventh. And to the end that all officers chosen to serve within this province, may with more care and diligence answer the trust reposcd in them, it is agreed, that no such person shall enjoy more than one publick office at one time.
Twenty-eighth. That all children within this province of the age of twelve years, shall be taught some useful trade.or skill, to the end none may be idle, but the poor may work to live, and the rich, if they become poor, may not want.
Twenty-ninth. That servants be not kept longer than their time, and such as are careful, be both justly and kindly used in their service, and put in fitting equipage at the expiration thereof, accord- ing to custom.
Thirtieth. That all scandalous and malicious reporters, backbiters, defamers and spreaders of false news, whether against magistrates or private persons, shall be accordingly severely punished, as ene. mies to thepeace and concord of this province.
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Thirty-first. That for the encouragement of the planters and tra- ders in this province, who are incorporated into a society, the patent granted to them by William Penn, Governor of the said province, is hereby ratified and confirmed.
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Thirty-third. That all factors or correspondents in the said prov- ince wronging their employers, shall make satisfaction, and one third over, to their said employers: and in case of the death of any such factor or correspondent, the committee of trade shall take care to secure so much of the deceased party's estate, as belongs to his said respective employers.
Thirty-fourth. That all treasurers, judges. masters of the rolls, sheriff's, justices of the peace, and other officers and persons what- soever. relating to courts or trials of causes, or any other service in the government; and all members elected to serve in provincial Council and General Assembly, and all that have right to elect such members, shall be such as profess faith in Jesus Christ, and that are not convicted of ill fame, or unsober and dishonest conversation, and that are of one and twenty years of age at least; and that all such so qualified, shall be capable of the said several employments and privi- leges as aforesaid.
Thirty-fifth. That all persons living in this province, who con- fess and acknowledge the one almighty and eternal God, to be the. creator, upholder and ruler of the world, and that hold themelves obliged in concience to live peaceably and justly in civil society. shall in no ways be molested or prejudiced for their religious persuasion or practice in matters of faith and worship, nor shall they be com- pelled at any time to frequent or maintain any religious worship, place or ministry whatever.
Thirty-sixth. That according to the good example of the primi- tive 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 daily labour, that they may the better dispose themselves to worship God according to their understandings.
Thirty-seventh. That as careless and corrupt administration of jus- tice draws the wrath of God upon magistrates, so the wildness and loose. ness of the people provoke the indignation of God against a country : therefore, that all such offences against God, as swearing, cursing, lying, prophane talking, drunkenness, drinking of healths, obscene words, incest, sodomy, rapes, whoredom, fornication, and other un- cleanness (not to be repeated.) All treasons. misprisions, murders, duels, felonies, seditions. maims, forcib'e entries, and cher violences, to the persons and estates of the inhabitants within this province : all prizes, stage plays, cards, dice, may-games, masques, revels, bull-baitings, cock-fightings. bear baitings and the like, which excite the people to rudeness, cruelty, looseness and irreligion, shall be
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respectively discouraged, and severely punished, according to the appointment of the governor and freemen in Provincial Council and General Assembly, as also all proceedings contrary to these laws, that are not here made expressly penal.
Thirty-eighth. That a copy of these laws shall be hung up in the Provincial Council, and in publick courts of justice, and that they shall be read yearly, at the opening of every Provincial Council and General Assembly, and courts of justice, and their assent shall be testified by their standing up, after the reading thereof.
Thirty-ninth. That there shall be at no time any alteration of any of these laws, without the consent of the governor, his heirs or as- signs, and six parts of seven of the freemen, met in Provincial Coun- cil and General Assembly.
Fortieth. That all other matters and things not herein provided for, which shall and may concern the publick justice, peace or safety of the said province ; and the raising and imposing taxes, customs, duties, or other charges whatsoever, shall be, and are hereby re- ferred to the order, prudence and determination of the governor and freemen in Provincial Council and General Assembly, to be held from time to time in the said province.
Signed and sealed by the Governor and freemen aforesaid, the fifth day of the third month,- called May, one thousand six hundred and eighty-two.
No. VIII.
THE FRAME OF THE GOVERNMENT
Of the Province of Pennsylvania and Territories thereunto annexed in America, 1683.
To all persons to whom.these presents may come : Whereas, king Charles the Second, by his letters patents, under the great Seal of England, bearing date the fourth day of March, in the thirty and third year of the king, for divers considerations therein mentioned, hath been graciously pleased to give and grant unto me, William Penn, (by the name of William Penn. Esquire. son and heir of Sir William Penn, deceased,) and to my heirs and assigns for ever, all that tract of land or province called Pennsylvania, in America, with divers great powers, preheminencies, royalties, jurisdictions and au- thorities, necessary for the well being and government thereof. And whereas, the kings dearest brother James, duke of York and Albany, &c., by his deeds of feoffment under his hand and scal, duly perfect. ed, bearing date the four and twentieth day of August, one thousand six hundred eighty and two, did grant unto me, my heirs and assigns, all that tract of land lying and being from twelve miles northward of Newcastle, upon Delaware river in America, to Cape Hinlopen upon the said river and bay of Delaware southward, together with
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all royalties, franchises, duties, jurisdictions, liberties and privileges thereunto belonging.
NOW KNOW YE, That for the well being and good government of the said Province and territories thereunto annexed, and for the encouragement of all the freemen and planters that may be therein concerned in pursuance of the rights and 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 and territories thercof, these liberties. fran- chises and properties, so far as in me lieth, to be held, enjoyed and kept by the freemen, planters and adventurers of, and in the said Province of Pennsylvania and territories thereunto annexed forever.
Imprimis. That the government of this province and territories thereof, shall from time to time, according to the powers of the patent and deeds of feoffment afuresaid, consist of the Proprietary and Go- vernor and freemen of the said Province and territories thereof, in form of provincial Council and General Assembly, which provincial Council shall consist of eighteen persons, being three out of each county, and which Assembly shall consist of thirty six persons, being six out of each county. men of most note for their virtue, wisdom and ability, by whom all laws shall be made, officers chosen and public affairs transacted, as is hereafter limited and declared.
Second. There being three persons already chosen for ever" respective county of this province and territories thereof, to serve in the provincial Council, one of them for three years ; one for two years, and one for one year ; and one of them to go off yearly in every county ; that on the tenth day of the first month yearly for ever after, the freemen of the said province and territories thereof, shall meet together in the most convenient place in every county of this province and territories thereof, then and there to choose one person qualified as aforesaid in every county, being one third of the number to serve in provincial Council for three years ; it being in- tended that one third of the whole provincial Council, consisting and to consist of eighteen persons, falling off yearly, it shall be yearly supplied with such yearly elections as aforesaid ; and that one person shall not continue in 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.
Third. That after the first seven years every one of the said third parts that goeth yearly off, shall be incapable of being chosen again for one whole year following ; that so all that are capable and qualified as aforesaid, may be fitted for government and have a share of the care and burden of it.
Fourth. That the provincial Council in all cases and matters of mo- ment, as their arguing upon bills to be passed into laws, or proccedings.
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about erecting of courfs of justice, sitting in judgment upon criminals impeached, and choice of officers in such manner as is herein after expressed, not less than two thirds of the whole shall make a quorum, and that the consent and approbation of two thirds of that quorum shall be had in all such cases or matters of moment : and that in all cases and matters of lesser moment, one third of the whole shall make a quorum the majority of which shall and may always deter- mine in such cases and causes of lesser moment.
Fifth. That the Governor and provincial Council shall have the power of preparing and proposing to the Assembly hereafter men- tioned, all bills which they shall see needful, and that shall at any time be past into laws, within the said province and territories there- of. which bills shall be published and affixed to the most noted place, in every county of this province and territories thereof, twenty days before the meeting of the Assembly in order to passing them into laws.
Sixth. 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 and territories be duly and diligent- ly executed.
Seventh. That the Governor and provincial Council shall at all times have the care of the peace and safety of this province and territories thereof; and that nothing be by any person attempted to the subversion of this frame of government.
Eighth. That the Governor and provincial Council shall at all times settle and order the situation of all cities and market towns in every county, modelling therein all public buildings, streets and market places; and shall appoint all necessary roads and highways in this province and territories thereof.
Ninth. That the Governor and provincial Council shall at all times have power to inspect the management of the public treasury. and punish those who shall convert any part thereof to any other use than what hath been agreed upon by the Governor, provincial Coun- cil and Assembly.
Tenth. That the Governor and provincial Council shall crect and order all public schools, and encourage and reward the authors of useful sciences and laudable inventions in the said province and territories thereof.
Eleventh. That one third part of the provincial Council resi- ding with the Governor from time to time, shall with the Governor have the care of the management of public affairs relating to the peace, justice, treasury and improvement of the province and territo- ries and to the good education of youth, and sobriety of the manners of the inhabitants therein as aforesaid.
Twelfth. That the Governor or his Deputy shall always preside in the provincial Council, and that he shall at no time therein perform any public act of state, whatsoever, that shall or may relate unto the
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justice, trade, treasury or safety of the province and territories afore said, but by and with the advice and consent of the provincial Coun- cil thereof.
Thirteenth. And to the end, that all bills prepared and agreed by the Governor and provincial Council as aforesaid, may yet have the more full concurrence of the freemen of the province and territories thereof, it is declared, granted and confirmed, that at the time and place in every county for the choice of one person, to serve in pro- vincial Council as aforesaid, the respective Members thereof, at their said meeting, shall yearly choose out of themselves six persons of most note for virtue, wisdom and ability, to serve in Assembly as their representatives, who shall yearly meet on the tenth day of the third month, in the capital town or city of the said Province, unless the Governor and provincial Council shall think fit to appoint anoth- er place to meet in, where during eight days, the several members may confer freely with one another; and if any of them sec meet, with a committee of the provincial Council, which shall be at that time purposely appointed, to receive from any of them proposals for the alterations or amendments of any of the said proposed and pro- mulgated bills, and on the ninth day from their so meeting, the said Assembly after their reading over the proposed bills, by the Clerk of the provincial Council, and the occasions and motives for them being opened by the Governor or his Deputy, shall upon the question by him put, give their affirmative or negative, which to them scemeth best in such manner as is hereafter expressed: but not less than two thirds shall make a quorum in the passing of all bills into laws, and. choice of such officers as are by them to be chosen.
Fourteenth. That the laws so prepared and proposed as afore. said, that are assented to by the Assembly, shall be enrolled as laws of this province and territories thereof, with this stile: By the Gover- nor with the assent and approbation of the freemen in provincial Council and Assembly met, and from henceforth the meetings, ses- sions, acts and proceedings of the Governor, provincial Council and Assembly, shall be stiled and called: The meetings, sessions and proceedings of the General Assembly of the Province of Pennsy !- vania and the territories thereunto belonging.
Fifteenth. And that the representatives of the people in provin- cial Council and Assembly. may in after ages bear some proportion with the increase and multiplying of the people, the number of such representatives of the people. may be from time increased and en- larged, so as at no time the number exceed seventy-two for the pro- vincial Council, and two hundred for the Assembly; the appointment and proportion of which number, as also the laying and methodizing of the choice of such representatives in future time, most equally to the division of the country, or number of the inhabitants is left to the Governor and provincial Council to propose, and the Assembly to resolve, so that the order of proportion be strictly observed, both in the choice of the Council and the respective committees thereof, viz: ine third to go off, and come in yearly.
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Sixteenth. That from and after the death of this present Gover. vor, the provincial Council shall, together with the succeeding Go- vernor, erect from time standing courts of justice, in such pla- ces and number as they shall judge convenient, for the good govern- ment of the said province and territories thereof; and that the provin- cial Council shall, on the thirteenth day of the second month then next ensuing, elect and present to the Governor or his deputy, a double number of persons to serve for judges, treasurers, and mas- ter of the rolls, within the said province and territories, to continue so long as they shall well behave themselves in those capacities respec- tively; and the freemen of the said province in an Assembly met, on the thirteenth day of the third month, yearly shall elect and then present to the Governor or his deputy a double number of persons to serve for sherifs, justices of the peace and coroners for the year next ensuing, out of which respective elections and presentments the Governor or his deputy shall nominate and commissionate the pro- per number for each office, the third day after the said respective pre- sentments, or else the first named in such presentment, for each of- fice as aforesaid shall stand and serve in that office the time before respectively limited, and in case of death or default, such vacancy shall be supplied by the Governor and provincial Council in manner aforesaid.
Seventeenth. That the Assembly shall continue so long as may be needful to impeach criminals, fit to be there impeached to pass such bills into laws as are proposed to them, which they shall think fit to pass into laws, and till such time as the Governor and provin- cial Council shall declare, that they have nothing further to propose unto them for their assent and approbation, and that declaration shall be a dismiss to the Assembly for that time, which Assembly shall be notwithstanding, capable of assembling together upon the summons of the Governor, and provincial Council, at any time during that year, if the Governor and provincial Council shall see occasion for their so assembling.
Eighteenth. That all the elections of members or representatives of the people, to serve in provincial Council and Assembly, and all questions to be determined by both or either of them, that relate to choice of officers and all, or any other personal matters, shall be re- solved or determined by the ballot, and all things relating to the pre- paring and passing of bills into laws, shall be openly declared and resolved by the vote.
Nineteenth. That at all times when the proprietary and Govern- or shall happen to be an infant and 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 guardian shall be deceas- ed, that during such minority, the provincial Council shall from time to time, as they shall see meet, constitute and appoint guardians and commissioners not exceeding three; one of which shall preside as deputy and chief guardian during such minority, ard shall have and
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execute with the consent of one of the other two, all the power of a Governor in all public affairs and concerns of the said province and territories thereof, according to charter; which said guardian so ap- pointed, shall also have the care and oversight of the estate of the said minor and be yearly accountable and responsible for the same to the provincial Council, and the provincial Council to the minor when of age, or to the next heir, in case of the minors death, for the trust before expressed.
Twentieth. That as often as any days of the month mentioned 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 until the next day, unless in cases of emergency.
Twenty - first. And for the satisfaction and encouragement of all aliens, I do give and grant, that if any alien who is or shall be a purchaser, or who doth or shall inhabit in this province or territo- ries thereof, shall decease at any time before he can well be natural- ized, his right and interest therein shall notwithstanding descend to his wife and children, or other his relations be he testate or intestate, according to the laws of this province and territories thereof in such cases provided, in as free and ample manner to all intents and pur- poses as if the said alien had been naturalized.
Twenty-second. And that the inhabitants of this province and territories thereof, may be accommodated with such food and suste- nance as God in his providence hath freely afforded. I do alse further grant to the inhabitants of this province and territories there- of, liberty to fowl and hunt upon the lands they hold, and all other lands therein not inclosed ; and to fish in all waters in the said lands, and in all rivers and rivulets, in and belonging to this pro- vince and territories thereof, with liberty to draw his or their fish on shore on any maus lands, so as it be not to the detriment or annoy- ance of the owner thereof, except such lands as do lie upon inland rivulets that are not boatable, on which are or may be hereafter erect. ed into manors.
Twenty-third. And that all the inhabitants of this province and territories thereof, whether purchasers or others may have the last wordly pledge of my good and kind intentions to them and theirs, I do give, grant and confirm to all and every one of them, full and quiet possession of their respective lands, to which they have any lawful or equitable claim, saving only such rents and services for the same, as are or customarily ought to be reserved to me, my heirs or assigns.
Twenty-fourth. That no act, law or ordinance whatsoever, shall at any time hereafter be made or done by the proprietary and Go- vernor of this province and territories thereunto belonging, his heirs or assigns, or by the freemen in provincia! Council or Assembly, to alter, change or diminish the form or effect of this charter, or any part or clause thereof, contrary to the true intent and meaning thereof, without the consent of the proprietary and
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Governor, his heirs or assigns, and six parts of seven of the said freemen in provincial Council and Assembly met.
And lastly. 1 the said William Penn, proprietary and Gover- nor of the province of Pennsylvania and territories thereunto belonging, for me, my heirs and assigns, have solemly 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, at Philadelphia, in Pennsylvania, have unio this present charter of liberties, set my hand and broad seal, this second day of the second month, in the year of our Lord one thousand six hundred eighty and three, being the five and thirtieth year of the king and the third year of my government.
WILLIAM PENN.
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