History of Montgomery County, Pennsylvania, Part 26

Author: Bean, Theodore Weber, 1833-1891, [from old catalog] ed; Buck, William J. (William Joseph), 1825-1901
Publication date: 1884
Publisher: Philadelphia, Everts & Peck
Number of Pages: 1534

USA > Pennsylvania > Montgomery County > History of Montgomery County, Pennsylvania > Part 26

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" I am your loving friend, " WILLIAM PENA."

3 " CERTAIN CONDITIONS OR CONCESSIONS, agreed upon by William Penn, Proprietary and Governor of the Province of Pennsylvania, and those who are adrenturers and purchasers in the same province, the eleventh of July, One thousand sur hundred and eighty-one.

"First. That so soon as it pleaseth God that the above said persone arrive there, a quantity of land or Grond plat shall be laid out for a large Town or City, in the most convenient place upon the River for health and navigation; and every purchaser and adventurer shall by lot have so much land thereio as will answer to the proportion which he hath bought or taken up upon rent. But it is to be uoted that the surveyors shall cousider what Roads or Highways will be necessary to the Cities, Town-, 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 highways before the Dividend of acres be laid out for the purchaser, and the like observation to be had for the streete iu the Towns and Cities, that there may be convenient roads and streets pre- served, 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 he laid out together, after the

1 Oa publishing these proposals concerning the new colony, a great number of purchasere soon appeared in London, Liverpool, and espe- cially abont Bristol ; among these were James Claypole, Nicholas Moore, Philip Forde, and others, who formed a colony called The Free Society of Traders in Peuasylvania. These last-mentioned persous, with Wil- liani Sharloe, Edward l'ierce, John Simcock, Thomas Bracy, and Edward Brooks, having purchased twenty thousand acres of land, in trust for the said company, published articles of trade, and entered into divers brauches thereof themselves, which were soon improved upou by others.

2 " LONDON, the 18th of the eighth month, 1681. "MY FRIENDS: There is a great God and power, that hath made the world, and all thiage therein ; to whom you aud I, and all people owe their being aud well-being; and to whom you and I must one day give au account for all that we do in the world .- This great God hath writ-

HISTORY OF MONTGOMERY COUNTY.

and his " Frame of Government and Laws," includ- ing "The Great Law," all of which evidence great thoughtfulness, a thorough knowledge of details, and a master mind. We think his " Preface" to the

proportion of ten thousand acres of the whole country,-that is, two hundred acres, if the place will bear it. However, that the proportion be by lot and entire, so ne those that desire to be together, especially those that are by the catalogne laid together, may be eo laid together both in Town and Country.

"Thirdly. That when the Country lots are laid out, every purchaser 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 to- gether; and if as many as comply with this condition, that the whole be laid ont 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 rivere attending it, if such can be found, and in case any one or more Purchasers plant not according to agreement in thie concession, to the prejudice of others of the sume Township upon complaint thereof, made to the Governor or his deputy, with assistance they may award (if they see canse) that the complaining purchaser may, paying the survey money and purchase money and interest thereof, be entitled, inrolled, and lawfully invested in the lands so not seated.

"Fifthly. That the proportion of lands that shall be laid out in the first great Town or City for every purchaser ehall 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 Deede made to the purchasers, yet the said William Penn does accord and declare that all Rivere, Rivulets, Woode and Underwoods, 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 ser- vaut at the end of his service, hie Quitrent 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 Indentures 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.

"Eighthly. 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 man's property, fully paying 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 shiare reserved by patent.

"Ninthly. In every hundred thousand neree the Governor and Pro- prietary by lot reserveth Ten to himself, which shall lie but in ons place.

"Tenthly. That every man shall be bound to plant or man so much of his ehure of Land as shall be set ont and surveyed within three years after it ie eo set out and surveyed, or else it shall be lawful for new comere 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 among another of any Goods to he exported but what shall be performed in public market, when such place shall be eet 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 goud, and full weight and proportion to the public Treas- ury of the Province, whether it be the merchandise of the Indian or that of the l'lanters.

"Twelfthly, And forasmuch as it is usual with the planters to overreach the poor natives of the Country in Trade, by Goods not being good of the kind, or debased with mixtures, with which they are seusilly aggrieved, it is agreed whatever is sold to the Indians in consideration of their furs shall be sold in the market place, and there anffer the test, whether good or Usd; if good to pres, if not good, not to be sold for good, that the natives may not be abused nor provoked.

"Frame of Government" is the best illustration of the man and his purposes ; its promulgation and ac- ceptance by the colonists as the fundamental law of the province was a safe guide in those primitive days, and implanted in Pennsylvania a love for self- government which has continued through all later generations, as marked in peace as it has been sacri- ficial in war. This state paper, unique and compre- hensive, is an essential part of our history, and should be the property of every household, as it has been, and still is, the subject of study among all true political economists.

"Thirteenthly. That no man shall by any waye or means, in word or deed, affront or wrong any Indian, but he shall incur the same penalty of the Law as if he hal committed it against his fellow 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 Province, 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 reason- able 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, Drunkenness, Swearing, Cursing, Pride in apparel, Trespasses, Dietresses, Replevine, 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 Governor, that so people may be compelled to avoid the occasione of much strifs be- tween Plantere.

"Eighteenthly, That in clearing the ground care be taken to leave One ncre of trees for every five acres cleared, especially to preserve oak and mulberries for silk and shipping.

"Nineteenthly. 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 thereof, and that such mas- ters 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 weska before, and certificate from some justice of the peace of his clearness with his neighbors and those he has dealt withal, 60 far as such an assurance can be attained and given; and if any master of n ship ehall contrary here- unto 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 per- son so secretly transported from the province. Lastly that these ure to be added to or corrected by and with consent of the parties herennto subscribed.

"Sealed and delivered in the presence of

" WILLIAM PENN, " GRIFFITH JONES,

" HUMPHREY SOUTH,

" HUGH LAMBE,

" THOMAS BARKER,

" THOMAS FARRINDORAQUOH,

"SAMUEL JOUSON,

" JOHN GoonsON,

" JOHN JOSEPH MOORE,

" WILLIAM BOELUIAM,

" WILLIAM POWEL,

" HARBERT SPRINGET,

" RICHARD DAVIE,

" THOMAS PRUDYARD.

"Sealed and delivered in the presence of all the proprietore who have hereunto subscribed, except Thomas Farrinborrough and John Goodson, in the presence of

" HUGH CHAMAERLEN,

" R. MURRAY.

" HARBERT SPRINGET."

PENN'S COLONY FOUNDED ON THE DELAWARE.

THE PREFACE.

" When the great and wise God had made the world, of all his crea- tures 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 goodoess was equally his honour and his happiness ; and whilst he stood here, all went well; there was no need of coercive or compulsive means; the pre_ cept 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 upoo 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 s judicial administration.

"This the apostle teaches in divers of his epistles. The law (says he) was added because of transgression : In another place, knowing that the law was not made for the righteous man; but for the disobedient aad ungodly, for sinners, for unholy and prophane, for nmurderers, for whore- mongers, for them that defile themselves with mankind, and for men- stealers, for liars, for perjured persons, &c. 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 ordinance of God. For rulers are not a terror to good works, but to Evil: wilt thon then not be afraid of the power ? Do that which is good, and thou sbalt have praise of the same .- lle 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 ; secondlly, to cherish 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 govern- ment seems to me a part of religion itself, a thing sacred in its institu- tion and end. For if it does not directly remove the canse, it crushes the effects of evil, and is as such (tho' a lower yet) ao emanation of the same Divine Power, that is both author and object of pure religion; the difference lying here, that the one is more free and mental, the other more corporal and compulsive in its operations; but that is only to evil- doers ; government itself being otherwise as capable of kindness, good- ness, and charity, as a more private society. They weakly err, that think there is no other use of government than correction, which is the coarsest part of it: daily experience tells us, that the care and regula- tion of many other affairs more soft and daily necessary, make np 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 high attainments they may arrive at, by the coming of the blessed second Adaos, the Lord from Heaven, Thus mach of government in general, as to its rise and end.

" For particular frames and models, it will become me to say little : and comparatively 1 will say nothing. My reasone are : first, that the age is too nice and difficult for it ; there being nothing the wits of men are more busy and divided upon. "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 canse 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 have 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, ans some singular emergencies have oot 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 monarchy, 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 with this small dis- tinction, and it belongs to all three : any government 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 more than this is tyranny, oligarchy, and confusion,

" But lastly, when all is said, there is hardly one frame of government in the world su 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 clocks, 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. het 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 endeavor to warp and spoil it to their turn.

" I know some say, let us have good laws, and no matter for the bien that execute them : but let them consider, that though good laws do well, good men do better: for good laws omay 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 de- praved people (which is to the question) love laws and an administra- tion like themselves. That therefore, which makes a good constitution, must keep it, viz: men of wisdom and virtue, qualities, that because they descend not with worldly inheritances, must be carefully propa- gated by a virtuous education of youth, for which after ages will owe more to the care and prudence of founders, and the successive magis- tracy, than to their parents for their private patrimonies.

"These considerations of the weight of government, and the nice and various opinions about it, made it uneasy to me to think of publishing the ensuing frame and conditional laws, foreseeing both the censures they will meet with from men of differing humours and engagements, 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 government, to the great end of all government, viz: to support power 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 hon- ourable for their just administration : for liberty without obedience is confusion, and obedience withont liberty is slavery. To carry this even- ness 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 to endure. Which I humbly pray and hope God will plesse to make the lot of this of l'ennsylvania. Amen. " WILLIAM PENN."

LAWS AGREED UPON IN ENGLAND.

" First. That the charter of liberties declared, granted, and confirmed 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 sad planters of the said province, is hereby declared aod approved, and shall be forever held for fundamental in the government thereof, according to the limitations mentioned in the said charter.

"Second. That every Inhabitant io 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 has been a servant or bondsman, and is free by his service, that shall have taken up his fifty acres of land, and cultivated twenty thereof; and every inhabitant, artificer, or other resideot in the said province, that 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 or representatives of the people and freemen of the province of Pennsylvania, to serve in Provincial Council or General Assembly, to be held withia the said province, shall bo free and voluntary ; and that the elector that shall receive any reward or gift, in meat, drink, moneys, or otherwise, shall forfeit his right to elect ; and such person as shall, directly or indirectly, give, promise, or bestow any such reward ns aforesaid, to be elected, shall forfeit his elec- tion, and be thereby incapable to serve as aforesaid, And the Provincial Council and General Assembly 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, custom, or con- tribution, Init by s law for that purpose made; and whosoever shall levy. collect, or pay any money or goods cootrary thereuoto, shall be held a publick enemy to the province, andl a betrayer of the liberties of the peuple thereof.

" Fifth. That all courts shall be open, and justice shall neither be sold. denied, or delayed.

"Sixth, That io all courts all persons of all persuasions may freely

HISTORY OF MONTGOMERY COUNTY.

appear in their own way, and according to their own manuer, and there personally plead their own canse 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 summoned no less than ten days before, and a copy of the complaint delivered him or her, at bis or herdwelling-house. But before the complaint of any person be received, he shall solemnly declare in court, that he believes in his conscience 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 character, that they may be understood, and justice speedily administered.

"Eighth. That all trials shall be by twelve men, and as near as may be, peers or equals, and of the neighborhood, and men without just ex- ceptiou. In cases of life, there shall be first twenty-four returned by the sheriff for a grand inquest, of whom twelve at least shall find the complaint to be true ; and then the twelve men, or peers, to bo 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 of taking more, shall pay twofold, and be dismissed his employment, one moiety of which shall go to the party wronged.

"Teoth. That all prisons shall he workhouses for felons, vagrants, and loose and idle persons; whereof one shall be in every county.

"Eleventh. That all prisoners shall be bailable by sufficient sureties, unless for capital offences, where the proof is evident or the presump- tion great.

"Twelfth. That all persons wrongfully imprisoned or prosecuted at law shall have double damages against the informer or prosecutor.

"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 witnesses, 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 unques- tionable 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 cou- tenements, merchandize, or wainage.

"Nineteenth. That all marriages (uot forbidden by the law of God, ns to nearness of blood and affinity by marriage) shall be encouraged ; 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 rog- istered in liis 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 prov- ince, shall be enrolled or registered in the public 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 laud (except us 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 settling and constituting an euroloient office or registry within the said province, else to be void in law against all persons whatsoever.

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History of Montgomery County, Pennsylvania, Part 26

Author: Bean, Theodore Weber, 1833-1891, [from old catalog] ed; Buck, William J. (William Joseph), 1825-1901 Publication date: 1884 Publisher: Philadelphia, Everts & Peck Number of Pages: 1534

Author: Bean, Theodore Weber, 1833-1891, [from old catalog] ed; Buck, William J. (William Joseph), 1825-1901
Publication date: 1884
Publisher: Philadelphia, Everts & Peck
Number of Pages: 1534