USA > Pennsylvania > Pennsylvania, colonial and federal : a history, 1608-1903, Volume One > Part 20
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to enjoy liberty. "Whereas," says the preamble, "the glory of Almighty God, and the good of mankind, is the reason and end of government, and therefore government itself is a venerable ordinance of God; and forasmuch as it is principally intended . . to make and establish such laws as shall best preserve true Christian and civil liberty, in opposition to all unchristian, licen- tious, and unjust practices, whereby God may have his due, Cæ- sar his due, and the people their due, from tyranny and oppres- sion of the one side, and insolency and licentiousness of the other, so that the best and firmest foundation may be laid for the pres- ent and future happiness of both the governor and people of this province and territories aforesaid and their posterity-be it en- acted," etc.
The first enacted section provides for liberty of conscience in matters of religion. "Almighty God," it declares, "being only
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Lord of conscience, father of lights and spirits, and the author as well as object of all divine knowledge, faith, and worship, who only can enlighten the mind and persuade and convince the under- standing of people in due reverence to his sovereignty over the souls of mankind; it is enacted . . . that no person now or at any time hereafter living in this province, who shall confess and acknowledge Almighty God to be the creator, upholder and ruler of the world, and that professeth him or herself obliged in con- science to live peaceably and justly under the civil government, shall in any wise be molested or prejudiced for his or her con- scientious persuasion or practice, nor shall he or she be at any time compelled to frequent any religious worship place or minis- try whatever, contrary to his or her mind, but shall freely and fully enjoy his or her Christian liberty in that respect, without any interruption or reflection."
The qualification for deputies in the Assembly, for electors for such deputies, and for "all officers and persons commission- ated and employed in the service of the government" was some- what more restricted. Such persons must "profess and declare they believe Jesus Christ to be the son of God, and Saviour of the world." They were to be, moreover, at least twenty-one years old, and "not convicted of ill-fame, or unsober and dishonest con- versation"-conduct, as we should now phrase it. And a fur- ther clause provided (as the second section of the Laws agreed upon in England had proposed), that all persons should be "free- men" of the Province, with the right of electing or being elected, who ( I) had purchased a hundred acres of land, and "seated" it ; (2) who had paid passage over, taken up a hundred acres, at a penny an acre, and seated it; (3) who had been a servant or bondsman, had become free, had taken up fifty acres and seated it ; and finally (4) "every inhabitant, artificer, or other resident . that pays scot and lot to the Governor."
Provision as to morals covered, as has been suggested, a wide scope. Those who derided or abused others on account of their
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religion were to be "looked upon as disturbers of the peace, and punished accordingly." Labor was to cease on the first day of the week, that all, "whether masters, parents, children, or ser- vants," might read the Scriptures, or attend some place of wor- ship. Swearing by the Divine names or by any other thing or name, speaking loosely or profanely of God, or Jesus Christ, or
The
County
Se al.
Seal of Bucks County in 1738
"the Scriptures of truth," cursing one's-self or another, or any- thing belonging to him or any other-all these were offenses pun- ishable by fines or by imprisonment in "the house of correction," at hard labor, with only bread and water for food.
But the penalty of death was limited to malicious and pre- meditated murder, a leniency of the law then unheard of. In England even trivial thefts were then capital offenses.
The several forms of sexual delinquency were provided against, drunkenness was punishable with fine or imprisonment, and drinking healths so as to lead to "unnecessary and excessive drinking" by a fine. The sale of liquor to the Indians was
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strongly condemned, and punishment provided. "Whereas," says the law, "divers persons, as English, Dutch, Swedes, etc., have been wont to sell to the Indians rum and brandy and such distilled spirits, though they know the said Indians are not able to govern themselves in the use thereof, but do continuously drink to such excess as makes them sometimes destroy one another, and grievously annoy and disquiet the people of this province, and peradventure those of neighboring governments, whereby they make the poor natives worse and not better, for their coming among them;" it was enacted therefore that persons who should "presume to sell or exchange any rum, or brandy, or any strong liquors, at any time, to any Indian within this province," "should be fined five pounds."
An equal fine, or three months imprisonment, was imposed on persons who should give or accept a challenge; twenty shil- lings fine or ten days of hard labor, on any one who should intro- duce or frequent "such rude and riotous sports and practices as prizes, stage-plays, masks, revels, bull-baits, cock-fighting, and such like;" and the same penalties upon any one convicted of "playing at cards, dice, lotteries, or such like enticing, vain, and evil sports or games." Any one who should be "clamorous, scolding, or railing with their tongues" should have "three days at hard labor."
Others of the laws provided for the distribution of the prop- erty of deceased persons, for the manner of marriages, etc. The civil marriage was made sufficient; there must be consent of parents or guardians, and a publication of intention, and then the marriage must "be solemnized by taking and owning one another as husband and wife before sufficient witnesses," and finally a certificate of it, "under the hands of parties and witnesses," duly registered in the county office. A widower or widow was for- bidden to "contract marriage, much less marry," within a year. No "ordinary"-i. e. tavern-could be kept without a license, to be obtained of the governor, and the landlord's charges were
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fixed. "All strong beer, and ale made of barley malt" was to be sold at not more than two pence a Winchester quart, and "beer made of molasses" at not over one penny. The price of a meal at the inn was to be not more than six pence, and it must "con- sist of beef or pork, or such like product of the country and small beer." "And of a footman he shall not demand above two pence a night for his bed, and of a horseman nothing, he paying six pence a night for his horse's hay."
The judicial system was simple. It was enacted :
"-to the end that justice may be faithfully and openly done, according to law, that all courts of justice shall be open, and justice shall not be sold, denied, nor delayed; and in every county there shall be one court erected, to which the inhabitants thereof may every month repair for justice, and in case any person shall hold himself aggrieved by the sentence of the said county court, that such persons may appeal to the provincial court, which shall sit quarterly, and consist of not less than five judges, the appellant giv- ing security for the charges of the suit; and no further appeal to be admitted till the appellant deposit in court the sum he is condemned to pay, and give security, in case he be cast by the last jurisdiction, which shall be the pro- vincial council."
And further :
"-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 defendant be prepared for his defence, he or she shall be summoned, no less than ten days before, and a copy of the complaint delivered him or her, at his or her dwelling-house, to answer unto; but before the com- plaint of any person shall be received, he or she shall solemnly declare in open court, that he or she believes, in his or her conscience, his or her cause is just ; and if the party complained against shall, notwithstanding, refuse to ap- pear, the plaintiff shall have judgment against the defendant by default."
Upon the adjournment of the Assembly, Penn went immedi- ately to Maryland, where a meeting with Lord Baltimore had been arranged. He reached Colonel Thomas Taylor's house on West river, on the 11th of December, and on the 12th a conference be- gan, as Penn says, "about our business, the bounds, both at the same table, with our respective members of council." The meet- ing appears to have been courteous on both sides, and it contin-
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ued several days, but no result was reached. Penn presented the letter he had brought from the King, directing that the Maryland bounds should be two degrees from south to north, beginning at Watkins Point, and counting sixty miles to a degree, but Lord Baltimore flatly refused to consider such an adjustment. He said the King was greatly mistaken about the matter; "he would not leave his patent to follow the King's letter, nor could a letter void his patent ; and by that he would stand. This was the sub- stance of what he said from first to last." Penn pressed him earnestly on the ground of Pennsylvania's need for a good water front. "I told him," he says, "it was not the love or need of the land, but the water-that he abounded in what I wanted, and ac- cess and harboring, even to excess." Pennsylvania's case, Penn argued, would justify much greater importunity, for "the thing insisted on was more than ninety-nine times more valuable to me than to him." But the argument and persuasion were in vain ; "after three days" the conference broke up, and Penn, after visit- ing and preaching at the Friends' meetings on the Eastern shore of Maryland, returned to Chester toward the end of December. He wrote from that place on the 29th that he was busy, "casting the country into townships," etc.
Other ships besides the Welcome had been reaching the Dela- ware, and unloading their companies of colonists. The Lion, which arrived with the first Welsh company in August, and the Geoffrey, on which Nicholas Moore and others came. a few days after the Welcome, have been mentioned. Penn's letter above referred to (Dec. 29) says twenty-three vessels had come and "none miscarried," but this may refer to the whole year, 1682, or even to the entire period since he obtained his charter. Richard Townsend, one of the Welcome passengers, in his account written twenty years later, says "it was thought near three thousand per- sons came in, the first year," but this seems an overstatement. The winter appears to have been cold; Penn's letter of the following summer to the Free Society of Traders says : "We had sharp,
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frosty weather-not foul, thick, black weather, as our northeast winds bring with them in England, but a sky clear as in summer, and the air dry, cold, piercing and hungry." "Yet," he adds, "I remember not that I wore more cloaths than in England." There was, apparently, no scarcity of food. The fisheries in the Delaware provided liberally. Richard Townsend, then at Ches-
Old Hammer and Trowel Inn
Erected 1739 at Toughkenamon; prominent in Bayard Taylor's "Story of Kennett." Photo by D. E. Brinton
ter, says he made a net, "and caught great quantities of fish, which supplied ourselves and many others." The chase in the woods did well also: "we could buy a deer for about two shillings, and a large turkey for about one shilling." Indian corn was to be had "for about two shillings and sixpence a bushel"-though this was a high price, relatively, for that day.
The first Assembly had been held because the establishment of a government "could not wait." Writs were now issued for the convening of the second Assembly, to consider further legis- lation. It was to be held at Philadelphia on the 10th of March,
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and preliminary thereto the freeholders were to meet in each of the six counties February 20, and choose "out of themselves," twelve delegates to represent them, while they were to be notified also by the sheriffs that they might all personally appear, accord- ing to the charter of liberties, if they saw fit.
The Assembly so convened in Philadelphia, March 10,- 1682-3, only the delegates appearing. At the meetings held in the sev- eral counties, it had been resolved that this would be sufficient. The Governor and his Council first met, and their proceedings form the first of their minutes, printed in the series of "Colonial Records," published by the State of Pennsylvania. The coun- cillors present at this meeting were only sixteen in number, as follows: Captain William Markham, Edmund Cantwell and John Moll, of New Castle; Francis Whitwell, John Hilliard, and John Richardson, of Kent; William Clark, of Sussex; Thomas Holme, Lasse Cock, and William Haige, of Philadelphia; Chris- topher Taylor, William Biles and James Harrison, of Bucks; John Symcock, William Clayton, and Ralph Withers, of Chester. The full number of councillors was eighteen-three members from each of the six counties. John Roades and Edward Southrin, colleagues of William Clark, of Sussex, were the two absentees.
Most of these are already familiar to us. Several were old settlers on the Delaware before Penn had his charter-among them Lasse Cock, Edmund Cantwell, William Clayton, John Moll, and William Biles. Christopher Taylor had recently ar- rived (1682) from England. He took up land in Bucks, but re- moved to Tinicum Island, in Chester county, about 1684, and was sometime register-general of the province.1 William Clark was from Sussex, Delaware, a prominent and prosperous man. James
1Christopher Taylor was a scholar. Be- fore coming over he had taught a classical school at Edmonton, near London, his suc- cessor there being the famous George Keith. He was proficient in Latin, Greek and
I-18
Hebrew, and had published in England. 1679, a "Compendium Trium Linguarum." He left Tinicum Island to his son, Dr. Israel Taylor, who owned and occupied it to his death in 1726.
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Harrison had also recently arrived, and taken up land in Bucks ; he was William Penn's first steward at Pennsbury.1
The Council's minutes may interest us briefly. "The Gov- ernor ordered that one speak at a time, standing up, with his face to the chair." It was decided that the ballot should not be used "in all cases," but that it should be "in all personal matters," and that "all bills should be past into the laws by vote." The "char- ter of liberties"-the "Frame"-was read. It being shown that of the twelve persons elected in each county, three had been designated for members of the Council, and nine to serve in the Assembly, this arrangement was confirmed. It was suggested that this alteration in the "Frame" should not be construed as prejudicing its other clauses, whereupon the Governor assured them "they might amend, alter and add for the Publick good, and that he was ready to settle such Foundations as might be for their happiness and the good of their Posterities, according to the powers vested in him" by his Charter.
The Council met again on the 12th. Meantime it appeared that Dr. Nicholas Moore, who had been the Speaker of the first Assembly, and who occupied what was presumed to be the impor- tant position of president of the great corporation, the Free So- ciety of Traders, had been expressing himself in public as violent- ly displeased by the action of the county meetings in reducing the Assembly and the confirmation of this by the Council. The min- utes state that he was charged with saying "in company in a pub- lic house," to this effect : "They have this day broken the Char- ter ; all that you do will come to nothing; hundreds in England will curse you for what you have done, and their children after
1James Harrison was of Kendal, in York- shire. A letter of Penn's to him, explain- ing the Pennsylvania plan, has been cited ante. He came in 1682, with his family, including his son-in-law, Phineas Pember- ton, the ancestor of a large and notable family of Pennsylvania. They sailed from Liverpool July 7, in the ship Submission,
but the Master, Settle, took them into the Chesapeake, instead of the Delaware, so that they landed at Choptank, on the East- ern Shore, Oct. 30. Leaving their families and their goods at William Dickinson's, at Choptank, Harrison and Pemberton rode north to Philadelphia, and sent for their families the following spring.
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them; you may hereafter be impeached for treason for what you do." Dr. Moore's vehemence in the tavern was the outcome, no doubt, of a temper naturally rather splenetic and overbearing ; but it may have been due also to the fact that notwithstanding his prominence in the first Assembly, at Chester, he had now not been elected either to the Council or the Assembly. As we shall see later, he was capable of sustained controversy, and of seeming to enjoy it. The Council summoned him to appear before it, which he did, and on being asked to explain his public oratory said that if he had delivered himself as charged he was certainly to blame, but he had intended to speak "rather by Query than assertion.' The Council therefore excused him, but as his discourse had "been unreasonable and imprudent" he was cautioned "to prevent the like for the future."
The fifty-four members of the Assembly, nine from each coun- ty, included many who have already become known in this narra- tive. Philadelphia sent two of the Swedes, Swan Swanson and Andreas Bengston; Chester sent Robert Wade, New Castle Peter Alrich, and three others of the Dutch settlers-Gasparus Herman, John De Haes, and Heinrich Williams. Not less than five of the. Welcome's passengers appeared, and one of them, Dr. Thomas Wynne, was chosen Speaker ; the others were John Songhurst, of Philadelphia; Nicholas Waln and Thomas Fitzwater, of Bucks, and Dennis Rochford, of Chester.
This second Assembly of Pennsylvania continued its sessions until April 3, and applied itself closely to business. The changes in the number of the Council and Assembly already made were confirmed by an "Act of Settlement," passed March 19, but later it was decided to frame a new "Charter" of fundamental laws, in which this and other subjects should be dealt with, displacing thus the old "Frame of Government" which Penn had promulgated in England. The desire for a new Charter seems to have been felt by the Assembly. On the 20th of March, its members met the Governor and Council. They were asked by the Governor
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"whether they would have the old charter or a new one." and "they unanimously decided there might be a new one." It was accordingly framed by a joint committee, and it was agreed to en- gross it anew and entire on parchment. On the afternoon of March 31. "the Speaker came down, with the whole House, to
Boehm's Reformed Church
Blue Bell, Montgomery County; used as a hospital after the battle of Germantown. Neg- ative by D. E. Brinton
hear it read," and finally, April 2, the House again "waited upon the Governor and Council at the council-house," when the Charter was once more read, was signed and sealed by Governor Penn. and delivered to Thomas Wynne, the Speaker, who made an ac- knowledgment of the Governor's kindness in the business. The document was then attested by the signatures of the members of the Council and Assembly, twelve of the former and fifty-three of the latter being present and signing.
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Under this charter the Assembly remained as before in two important particulars : (1) It could not "sit upon its own adjourn- ments," but was summoned and "prorogued" by the Governor ; (2) it originated no legislation, but could only pass upon the bills which the Council presented to it. The number of members of the Assembly was fixed at six from each county, and it was.arranged that members of the Council serve three years, one member being chosen annually in each county. Bills prepared by the Governor and Council for the Assembly's action were required to be pub- lished, by placing them "in the most noted place in every county," twenty days before the Assembly met. The elections for mem- bers of the Council and Assembly were fixed annually for the 10th of March, and the convening of the Assembly for the 10th of May.
The legislation passed by the Assembly covered a wide range of subjects. It was enacted that the laws passed at Chester in December should continue in force to the end of the first session of the next General Assembly, except such as might be meantime amended or repealed. A law abolishing primogeniture was passed ; it was provided "that whatsoever estate any person hath in this province and territories thereof, at the time of his death, unless it appear that an equal division be made elsewhere, shall be thus dis- posed of, that is to say, one-third to the wife of the party deceased, one-third to the children equally, and the other third as he pleas- eth; and in case his wife be deceased before him two-thirds shall go to the children equally, and the other third disposed of as he shall think fit, his debts being first paid." In the case of a per- son dying intestate it was provided that it go to his wife, and his child or children ; if he left none, then to his brothers and sisters, if any, or to their children; "in case no such be," then one-third to parents, and the other half to next of kin; "and for want of parents one-half shall go to the Governor, and for want of kindred one-half to the public."
Some of the clauses of the "Great Law" were amended, but without impairing its general character. A customs duty was
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levied on imported "rum, wine, brandy, and strong waters," on cider and on all imported goods, molasses excepted, and the reve- nue from this was offered the Governor. "as a testimony of re- gard and affection." Many details of the legislation related to trade. The inspection of "pipe-staves" was provided for, and their export put under regulation. An export duty was placed on hides, beaver skins, deer skins, etc., sent to other countries than England. Liquor exported in any cask or vessel was required to be gauged. and the quantity marked outside. To encourage the flax and hemp culture, it was provided that "such hemp shall be current pay betwixt man and man at four pence per pound, and such flax at eight pence." No provisions coming into the Province or territories, except from West Jersey, should be sold before five days. "to the end that those that live remotely may have notice thereof. and be supplied, as well as those near at hand." Weights and measures were fixed as under the English law, including the "Winchester bushel." The exposure to sale of any wheat at the market price, which was not clean of "dust, chaff, and such like trash." was punishable by a fine. Seven years' quiet possession of land gave a good title, except in the cases of infants, married women, lunatics, and "persons beyond the seas." For three years no cow-calf or ewe-lamb should be killed, except where the dam had died by casualty. For killing a wolf, any person other than an Indian should have ten shillings for a male, and fifteen for a female : if an Indian killed one he should have five shillings, "and the skin for his pains." All sorts of cattle six months old or more were required to be branded with the owner's registered mark, which had to be recorded. The assize of bread was strictly provided for. Wheat fields were required to be enclosed by a fence at least five feet high. Each county was required to erect, be- fore the last day of December, 1683, a house "at least twenty feet square, for restraint, correction, labour, and punishment of all such persons as shall be thereunto committed by law." Persons intending to remove from the Province were required to place a
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written notice on the "door of the county-court," at least thirty days before, and have a pass "under the county seal." "Unknown persons" were not to "presume to travel or go without the limits" of the county in which they lived without a pass or certificate un- der the seal of that county. And any person coming from an- other province into this, without a pass, was liable to apprehen- sion and imprisonment. "Servants" could not be assigned by their owners, except with the cognizance of two justices; such a servant, bound to serve time in Pennsylvania, could not be sold into another province ; nor could any servant be attached or taken into execution for the debt of master or mistress.
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