USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 6
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The Case of Henry Eltreth is Referred to the Council by the Govr, and they to recommend it to the Town that some care may be taken therein.
Two members of the Assembly sent from the House Inform this board that they had sent their bills to be Ingrossed, and had nothing Else before them, and desire to have the bill of Property.
The Govr informs them that he takes it ill that any one should pretend to draw such a thing without his directions; that he never saw it before last night, and that it is not as yet ready.
Desires them to be Expeditious about the Laws for the Capt. of the Vessell had writt to him & would not stay after his Vessell was ready.
At a Council held at Philadia, the 25th of October, 1701.
PRESENT :
The Proprietary and Governour.
Edwd. Shippen,
Caleb Pusey,
Samll. Carpenter,
Esq'rs. Thos. Story,
Esq'rs.
Judge Guest,
Phineas Pemberton,
Griffith Owen,
Two of the members of Assembly brought to this board the Bill of fees, and informed this Board that they had finished all their busi- ness & desired to know whether the Governour was ready for them.
Edward Shippen, Samuel Carpenter, Thomas Story and Caleb Pusey, by order of the Board, went to ye Assembly to Confer wth them about the bill of Property.
Samll. Carpenter and Thos. Story were sent from this board to the Assembly with the following message from the Gor, viz :
ffriends :- Complaint having been made that some persons had not the benefitt of the Law of New Castle, with respect to the allowances of 10 acres p. cent., I consented to allow the said ten acres per cent. according to the sd Law, but never intended to make myself Debtor for those deficiencies which were not to be had; and understanding that you look upon that Law unequal, as giving to some 10 p. cent. where there is overplus, and but two p. cent. upon survey'd Lands where no more is to be found, I am therefore willing to allow or make good 6 p. cent. to all persons, as well to those who want as to those who do not want the same, upon a Resurvey.
This proposal of the Govrs was returned unaccepted of by the Assembly.
At a Council held at Philadelphia, the 28th of 8br, 1701.
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PROVINCIAL COUNCIL.
PRESENT :
The Proprietary and Governour.
Edwd. Shippen,
Caleb Pusey,
Jno. Guest,
Griffith Owen,
Esq'rs. Thos Story, Phineas Pemberton,
1 Esq'rs.
A Petition from Samll. Carpenter was read, setting forth, That in an Assembly, in the year 1696, It was ordered and entred that the said Samuel should be allowed for his Disbursment laid out for taking of Babbit and his men, 63€ 8S, out of the Provincial Treasure, and thereupon the Petitr prays the Council that he may now be allowed the said sum out of the Provincial Tax now in his hands.
Ordered as requested.
The Govr, having on the 25th Inst., sent his offer in writing, to allow & make good to all ye Possessors of Lands in the Province & Counties 6 acres to the hundred, in all cases, whether they had so much within their Lines or not, which offer they had rejected, he thought fitt to summon all the Representatives to attend him, Desiring they would adjourn themselves to his house; and being come he very closely Expostulated with them for their failure in Duty, not only to him but to themselves, in making no better use of the oppty he had given them; told them he had scarce half an hour left to spend with ym; desired to know if they had come to any further Resolution about the bill of property; said he expected they would not leave that point, which he had proposed to them last 7th Day, viz: the offer of 6 p. cent. unsettled & now he said he had required them to adjourn to his House that they might here proceed without loss of time in their business, and advised them to retire into his Parlour, where they might sit undisturbed so long as to come to a Resolution, to which he most earnestly press'd them, & withdrawing, accordingly having spent about an hour in the said parlour, they sent the Govr a Paper, which was read in these words :
The assembly making due reflections on the Govr's speech, and the Duty they lye under of discharging their trust unto the free- holders whom they represent, in ascertaining & maintaining their rights, in property as well as Privileges, and the Law of N. Castle being short in giving unto all equally their right in reference to ye 10 p. cent., according, as we since this sessions begun Conceived, the Proprietary was pleased to Concede unto, which did appear by the paper he amended with his own hand, and sent by 2 of our members into this house, thereby giving satisfaction to the whole House, and we since abating of the hardships the Proprietor com- plained of, by other amendments this day offered by 2 of our mem- bers, relating to making satisfaction to all such as wanted their measure of Land, wch paper the Proprietor was pleased to reject and return to us, giving us in Charge that we must make speedy dis- patch, having but half an hour's time to spend, and that, now, many our members have left the house and are returned to their homes, under a satisfaction that the Ten p. cent. would be allowed equally
Samll. Carpenter,
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to all persons concerned, according to the amendment Conceded to, as abovesaid, We must therefore humbly Crave leave to acquaint our Proprietor That we cannot Depart from our former Concession, and request without injuring our sense & remonstrating it accord- ingly in a larger manner, if we had time so to do. But whatever we do Contrary to the same, is of Necessity and not of Choice.
This Paper not being signed it was returned to them to be signed, but they declined it.
The several Bills that were agreed on being Ingrossed and pre- sented to the Governour, These were passed :
An act for Establishing Courts of Judicature.
An act directing the Punishment of Larceny under five shillings.
An act about attachments under 40 shills.
An act for preventing Clandestine marriages.
An act for preventing accidents by fire in ye Towns of Bristol, Philadia, Chester, Germantown, Darby, New Castle and Lewis.
An act against Swine running at large in several Townships, &c.
An act for the Destruction of Black birds and Crows.
An act against selling Rum and other strong Liquors to the In- dians.
The Governour also signed the Charter of Privileges, with a Warrt to affix the Great Seal to it, wch was delivered with it to Thos. Story, Keeper of the said Seal and master of the Rolls, to be Sealed and Recorded,
And the Assembly was dissolved.
THE CHARTER OF PRIVILEGES TO THE PROVINCE & COUNTIES. WILLIAM PENN, Proprietary & Governr of the Province of Penn- sylvania & Territories thereunto belonging.
To all to whom these presents shall come, sendeth Greeting :
WHEREAS, KING CHARLES THE SECOND, by his Letters Patents under the Great Seal of England, bearing date the fourth day of March, in the year One Thousand Six hundred & Eighty, was Graciously pleased to Give and Grant unto me, my heirs & As- signs, forever, this Province of Pennsylvania, with Divers Great Powers and Jurisdictions for the Well Government thereof; and whereas the King's Dearest Brother, James, Duke of York and Al- bany, &c., by his Deeds of feoffment under his hand & Seal, duly perfecting, bearing Date the Twenty-fourth Day of August, One thousand Six hundred Eighty & two, Did grant unto me, my heirs and Assigns, all that Tract of Land now Called the Territories of Pennsylvi'a, together with Powers and Jurisdictions for the good Government thereof; AND WHEREAS, for the Encouragement of all the freemen and Planters that might be Concerned in ye said Province and Territories, and for the good Government thereof, I, the said Willm. Penn, in the year One Thousand Six hundred Eighty & three, for me, my heirs and assigns, Did grant and Con- firm unto all the freemen, Planters and adventurers therein, Divers Liberties, ffranchises & Propertys, as by the said Grant Entituled
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PROVINCIAL COUNCIL.
the FRAME of ye GOVERNMENT of the PROVINCE of PENN- SYLVANIA & TERRITORIES thereunto belonging, in AME- RICA, may appear ; which Charter or fframe, being found in some parts of it not so suitable to ye Present Circumstances of the Inha- bitants, was in the third month, in the year One thousand seven hundred, Delivered up to me by six parts of seven of freemen of this Province and Territories, in General Assembly mett, provision being made in the said Charter for that end and Purpose; AND WHEREAS, I was then pleased to promise that I would restore the said Charter to them again with necessary alterations, or in Liew thereof, Give them another better adapted to answer the Pre- sent Circumstances & condition of the said Inhabitants, which they have now, by their Representatives in General Assembly mett at Philadelphia, Requested me to grant ; know ye therefore, that I, for the further well being and good Govrmt of the said Province and Territories, and in pursuance of the Rights and Powers before men- tioned, I, the said WILLIAM PENN, do Declare, grant and Con- firm unto all the freemen, Planters and adventurers, and other inha- bitants in this Province and Territories, these following Liberties, ffranchises and Privileges, so far as in me lyeth, to be held, enjoyed and kept by the freemen, planters & adventurers, & other Inhabi- tants of and in the said Province and Territories thereunto Annexed, forever ;
FIRST : Because no people can be truly happy, though under the greatest Enjoyment of Civil Liberties, if abridg'd of the freedom of their Consciences as to their Religious profession & Worship ; and Almighty God being the only Lord of Conscience, ffather of Lights & Spirits, and the author as well as object of all Divine Knowledge, ffaith and Worship, who only doth Enlighten the Mind & perswade and Convince the Understandings of People, I do hereby Grant and Declare that no person or persons, inhabiting in this Province or Territories, who shall Confess and acknowledge one Almighty God, the Creator, Upholder and Ruler of the World, and Profess him or themselves obliged to Live Quietly under the Civil Government, shall be in any Case molested or prejudiced in his or their person or Estate because of his or their Consciencious perswasion or Practice, nor be Compelled to frequent or maintain any Religious Worship, place or ministry contrary to his or their mind, or to do or suffer any other act or thing Contrary to their Religious perswasion. And that all persons who also profess to believe in JESUS CHRIST the SAVIOUR of the World, shall be Capable (notwithstanding their other perswasions and Practices in Point of Conscience and Religion) to serve this Governmt in any Capacity, both Legislatively and Ex- excutively, he or they Solemnly promising, when Lawfully required, allegiance to the King as Sovereign, and fidelity to the Proprietor and Governour, and Taking ye attests as now Established, by the Law made at New Castle, in the Year One Thousand seven hundred, Intitled at act Directing the attests of several offices and ministers, as now amended and Confirmed by this present Assembly.
SECONDLY : for the well governing of this Province and Terri- VOL. II .- 3
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MINUTES OF THE
tories, there shall be an Assembly Yearly Chosen by the freemen thereof, to Consist of four persons out of each County of most note for Virtue, Wisdom & Ability, (or of a greater number at any time as the Governour and Assembly shall agree,) upon the first day 'of October, forever ; and shall sitt on the fourteenth day of the said month, at Philadelphia, unless the Governour and Council for the time being shall see Cause to appoint another place within the said Province or Territories, which assembly shall have power to Choose a Speaker and other their officers, and shall be Judges of the Quali- fications and Elections of their own members, sitt upon their own adjournments, appoint Committees, prepare bills in or to pass into Laws, Impeach Criminals and Redress Grievances ; and shall have all other powers and Privileges of an Assembly, according to the Rights of the free born subjects of England, and as is usual in any of the King's Plantacons in America. And if any County or Counties shall refuse or neglect to Choose their Respective Representatives, as aforesaid, or if Chosen do not meet to serve in Assembly, those who are so Chosen & mett shall have the full power of an Assembly, in as Ample manner as if all the Representatives had been Chosen and mett; Provided they are not less than two thirds of the whole num- ber thot ought to mett; And that the Qualifications of Electors & Elected, and all other matters and things Relating to Elections of Representatives to serve in Assemblys, though not herein particularly Exprest, shall be and Remain as by a Law of this Govermt, made at New Castle in the year One thousd seven hundred, Intitled an Act to ascertain the number of members of Assembly, and to Regulate the Elections.
THIRDLY : that the freemen in each Respective County, at the time and place of meeting for Electing their Representatives to serve in Assembly, may, as often as there shall be occasion, Choose a Double number of persons to present to the Govr for Sherifs and Co- roners, to serve for three years, if they so long behave themselves well, out of which respective Elections & Presentments The Gor shall nominate and Commissionate One for each of the said officers, The Third Day after such presentment, or else the first named in such presentment for Each office, as aforesaid, shall stand and serve in that office for the time before Respectively Limited ; and in case . of death or Default, such vacancies shall be supplied by ye Governour to serve to the End of the said Term : PROVIDED always, that if the said freemen shall at any time neglect or Decline to Choose a person or persons for Either or both the aforesaid offices, then and in such Case the persons that are or shall be in the Respective offices of Sherif or Coroner at the time of Election, shall remain therein untill they shall be Removed by another Election, as aforesaid. And that ye Justices of the Respective Counties shall or may nominate & present to the Govr, three persons to serve for Clerk of the Peace for the said County when there is a vacancy, One of which the Gover- nour shall Commissionate within Ten Days after such presentment, or else the first nominated shall serve in the said office During good behaviour.
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PROVINCIAL COUNCIL.
FOURTHLY : that the Laws of this Govrmt shall be in this stile, vizt : [By the Governour with the Consent and approbation of the freemen in General Assembly mett,] and shall be, after Confirmation by the Governour, forthwith Recorded in the Rolls office, and kept at Philadia, unless the Govr and Assembly shall agree to appoint another place.
FIFTHLY; That all Criminals shall have the same Privileges of Witnesses and Council as their Prosecutors.
SIXTHLY : That no person or persons shall or may, at any time hereafter, be obliged to answer any Complaint, matter or thing What- soever Relating to Property before the Governr and Council, or in any other place but in the ordinary Courts of Justice, unless appeals thereunto shall be hereafter by Law appointed.
SEVENTHLY : That no person within this Governmt shall be Licensed by the Governor to keep Ordinary, Tavern, or House of Publick Entertainment, but such who are first Recommended to him under the hand of the Justice of the Respective Counties, signed in open Court, wch Justices are and shall be hereby Impowered to sup- press & forbid any person keeping such Publick House, as aforesaid, upon their misbehaviour, on such Penalties as the Law doth or shall direct. and to Recommend others from time to time as they shall see occasion.
EIGHTHLY : If any person, through Temptation or melancholly, shall Destroy himself, his Estate, Real & Personal, shall, notwith- standing, Descend to his wife and Children or Relations as if he had Died a natural Death ; and if any person shall be Destroyed or kill'd by Casualty or accident, there shall be no forfeiture to the Governour by Reason thereof ; And no act, Law or Ordinance, whatsoever, shall at any Time hereafter be made or done to alter, Change or Diminish the form or effect of this Charter, or of any part or Clause therein, Contrary to the true Intent and meaning thereof, without the Consent of the Govr for the time being, and Six parts of Seven of the As- sembly mett. But because the happiness of mankind depends so much upon the Enjoying of Liberty of their Consciences, as afore- said, I do hereby Solemnly Declare, promise and Grant for me, my heirs and assigns, that the first article of this Charter, Relating to Liberty of Conscience, and Every part and Clause therein, according to the true Intent and meaning thereof, shall be kept and remain without any alteration, Inviobly forever.
And LASTLY, I, the said William Penn, Proprietor & Govr of th Province of Pennsylvania and Territories thereunto belonging, for my self, my heirs and Assigns, have solemnly Declared, Granted and Confirmed, and do hereby Solemnly Declare, Grant and Confirm, that neither I, my heirs or Assigns, shall procure or do any thing or things whereby the Liberties in this Charter Contained and Exprest, nor any part thereof, shall be infringed or Broken ; and if any thing shall be procured or done by any person or persons, Contrary to these presents, it shall be held of no force or effect.
IN WITNESS whereof, I, the said William Penn, att Philadia, in Pennsylvania, have unto this present Charter of Liberties sett my
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MINUTES OF THE
hand and Broad Seal, this Twenty Eight Day of October, In the Year of our Lord One thousand Seven hundred and one, being the thirteenth year of the Reign of King WILLIAM the Third, over England, Scotland, ffrance and Ireland, &c., and in the Twenty first year of my Govrmt. And Notwithstanding the Closure and test of this present Charter, as aforesaid, I think fitt to add this following proviso thereunto as part of the same, that is to say : that notwith- standing any Clause or Clauses in the above menconed Charter, obliged the Province and Territories to Join together in Legislation, I am Content and do hereby Declare that If the Representatives of the Province and Territories shall not hereafter agree to Joyn toge- ther in Legislation, and if the same shall be signified to me or my Deputy, in open Assembly or otherwise, from under the hands and Seals of the Representatives (for the time being) of the province or Territories, or the major part of Either of them, any time within three years from the date hereof ; That in such Case the Inhabitants of Each of the three Counties of this Province shall not have Less than Eight persons to Represent them in Assembly for the Province, and the Inhabitants of the Town of Philadia (when the said Town is incorporated) Two persons to Represent them in Assembly ; and the Inhabitants of Each County in the Territories shall have as many persons to Represent them in a Distinct Assembly for ye Territories as shall be by them Requested, as aforesaid, Notwithstanding which seperation of the Province and Territories in Respect of Legislation, I Do hereby promise, Grant and Declare that the Inhabitants of both Province & Territories shall separately Enjoy all other Liberties, Privileges and benefitts Granted Jointly to them in this Charter ; any Law usage or Custom of this Govrmt heretofore made & prac- tised, or any Law made and passed by this General Assembly to the Contrary hereof, Notwithstanding.
Copia Vera.
WILLIAM PENN.
p. Jos. ANTROBUS, Clerk of the Assembly.
This Charter of Privileges being Distinctly Read in Assembly, and the whole & every part thereof being approved of and agreed to by us, we do thankfully Receive the same from our Proprietor & Govr, at Philadelphia, This Twenty Eight Day of October, 1701.
Signed on behalf and by order, of the Assembly
p. JOS. GROWDON, Speaker.
Edwd. Shippen, Phineas Pemberton, Samll. Carpenter, Griffith Owen, Caleb Pusey, Thos. Story.
Propry. & Gov'rs Council.
Recorded in the Rolls Office at Philadelphia, In Patent Book A., Vol. 2nd, pa. 125 to 129, The 31st of 8th Mo., 1701. By me, THOS. STORY, Mr. ibim.
The Govr also at the same time Signed the Charter for the City
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PROVINCIAL COUNCIL.
Philadelphia, dated ye 25th Instant, with other Charters and Com- missions, & particularly a Commission of Property to Edwd. Ship- pen, Griffith Owen, Thos. Story & James Logan, Impowering them or any three of them, to grant Lotts & Lands & to make Titles, &c. Also a Commission to the Council in these words :
WILLIAM PENN, true and absolute Proprietary & Governour in Chief of the Province of Pennsylvania and Territories thereunto belonging :
To all to whom these Presents shall Come, sendeth Greeting :
Know ye that I have nominated, appointed and ordained my trusty and Well beloved friends, Edwd. Shippen, Jno. Guest, Samuel Car- penter, William Clark, Thos. Story, Griffith Owen, Phineas Pember- ton, Samuel ffinney, Caleb Pusey and Jno. Blunston, to be my Council of State for the Govrmt of the said Province of Pennsyl- vania, and Counties Annexed, of whom any four shall be a Quorum, to Consult and assist, wth the best of their advice & Council, me or my Lieutenant or Deputy Governour for the time being, in all Pub- lick affairs and matters relating to the said Govrmt, and to the Peace, safty and well being of the People thereof, and in the absence of me and my Lieut. out of the said Province & Territories, or upon my Lieuts Decease or other incapacity, I do by these Presents give and Grant to the said Edward Shippen, Jno. Guest, Samuel Carpenter, Willm. Clark, Thos. Story, Griffith Owen, Phineas Pemberton, Samll. ffinney, Caleb Pusey and John Blunston, or any five of them, to Exercise all and Singular the powers, Jurisdiction and authorities whatsoever, to me & my heirs, by Vertue of the Royal Charter or Letters Patent of King Charles the Second, given and Granted, that are or shall be necessary for the well governing of the said Province and Territories, and for the Administring, Maintaining & Executing of Justice, & providing for the safty and well being of the said People during such absence, they and each of them, the said Edwd. Ship- pen, Jno. Guest, Samll. Carpenter, William Clark, Thos. Story, Griffith Owen, Phineas Pemberton, Samll. ffinney, Caleb Pusey and Jno. Blunston, to Continue in Place till my further order shall be known : and I do further hereby grant to my Ltt. Govr for the time being, full power and authority, upon the Decease or removal of any of the said Council, to nominate and appoint others to serve in their place & Stead, also to add to the number of Council now appointed, and to appoint a president of ye said Council, when and so often as my said Lieut. shall see Cause ; and in Case he shall not appoint a President, then the first named, or the next to him shall and is here- by impowered to take the Chair.
Given under my hand and great Seal of this Province, at Philadel- phia, the Twenty Eighth of October, in the Thirteenth year of the Reign of King William the third, over England, &c., and the One & Twentieth of my Government.
Annoq Domini 1701.
WILLIAM PENN.
Recorded in the Rolls Office at Philadelphia, in Patent Book A., vol. 2, page 154, 155, this 11th of 9th month, 1701.
By me, THOS. STORY, Mr. ibim.
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Memorandum that an Instrument, Called a Charter of Property, being prepared by Davd Loyd, for settling whatever related to the Proprietor's Lands & his Proprietary Powers, & divers powers of Governmt in the manner of a Corporation, being brought down to him to Newcastle, was pressed on the Proprietor to be signed by such as were in Davd. Lloyd's Interest, and he was so far prevailed on as to signe it & leave it in the Secrys keeping, with an Order, under his hand, to affix the great Seal to it after 6 months from that time, provided he should not from England direct the Contrary ; but Capt. Gay, arriving in the following April, brought a negative to it, which is thought proper to be inserted here as follows :
* * * * * *
* * * *
*
At a Council held at Philadelphia, November the ffourteenth, Anno Domi 1701.
PRESENT :
Ye Honeble ANDREW HAMILTON, Lieutent Governr.
Edward Shippen,
John Guest,
William Clark,
Samll. Carpenter,
Thomas Story.
The Govr acquainted the members of the Board that three of ye Commiss'rs named in the King's Dedimus Potestatem, for admin- istring the Oath, appointed by act of Parliament for ye Greater Se- curity of the Plantation Trade, to the Governr of Pensilvania, for ye time being, vizt : Richd. Halliwell, John Moore, Jasper Yeats, were now at his request in Town, and that he had Conferr'd with them about administring the said Oath to himself In Pursuance of the said Instrument, upon the Propry's Commission of Deputation, but that they Insisted upon having the sd Instrument first delev'd up to them & left in their Keeping, as Properly belonging to them, otherwise they were unwilling to touch with or be Concerned in it ; upon which the Govr demanded the opinion of the Council what was fit to be done.
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