USA > Pennsylvania > Philadelphia County > Germantown > The settlement of Germantown, Pennsylvania, and the beginning of German emigration to North America > Part 18
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THE SETTLEMENT OF GERMANTOWN.
the Laws of the house of An tanniam antecedent to the Charter & By- Laws.
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JF5.99
TITLE OF THE GERMANTOWN LAWS AND ORDINANCES. IN THE HAND OF FRANCIS DANIEL PASTORIUS.
267
The Laws.
or Grant shall in all Courts of Law and Equity bee con- strued and taken most favorably and beneficially for the Grantees and the said Corporation. Given under my hand and the lesser Seale of the said Province at London this twelfth day of the month called August in the year of our Lord 1689.
WM. PENN. 1
Upon the back of the charter Wm. Penn wrote with his own hand 12th of 6 mo. Aug. 89. "Lett this pass the great Seale
"WM. PENN. " To Tho. Loyd keeper thereof in Pennsilvania."
Past under the great Seale of the Province of Pennsil- vania on the thirtieth day of the third month 1691.
Recorded the thirtieth day of the third month 1691.
per Da. Lloyd, Deputy.140
LAWS, ORDINANCES AND STATUTES OF THE COMMUNITY AT GERMANTOWN, MADE AND RATIFIED FROM TIME TO TIME IN THE GENERAL COURT AT THAT PLACE.
It is evident, as well from the valuable testimony of Holy Scripture, as from the firm foundation of reason, and daily experience, that the conditions, established by God above, bring to the evil doer punishment and terror, not less praise and reward to the pious.
Moreover it is everywhere recognized that magistrates without eternal laws and reasonable civil ordinances (as long as human weakness and frailty last) often do not clearly see their duty in the punishment of crime, and the
140 The Charter is here printed as to language, orthography and punctua- tion as written by Pastorius ..
268
The Settlement of Germantown.
reward of good works, but may easily become tyrannical and arbitrary. Accordingly now William Penn, Pro- prietor and Governor of Pennsilvania, with power held from the King in England, to the Bailiffe and Burgesses of the community at Germantown, by means of a special charter or grant of franchise of the date 6 mo. 12th 1689 among other things, has graciously permitted and decreed that they may from time to time in their General Court make and establish as many good and reasonable laws, or- dinances and statutes as for the salutary government of this community and its affairs may be necessary and ad- vantageous, and may accordingly bring such into effect and perfect them, and also may, when changing circum- stances make it necessary, alter their laws, or withdraw them, and establish new ones.
Wherefore, we, the present first Bailiff and Burgesses of the place, do hereby in friendly manner inform each and every citizen, inhabitant and tenant under German- town jurisdiction that, we, according to the demand of our State, still young, and established only a few years ago, and of its well being, by virtue of the powers given to us in the above mentioned charter, and by the authority of the King, and in the name of William Penn, have in sev- eral General Courts (held the 6th, 15th, and 22nd of the 6th month) drawn up the following laws and ordinances, and also unanimously determined that they shall be pub- lished and made known to the community by public read- ing, in order that all may live manfully according to them from this time forth and no one may plead ignorance as an excuse for his disobedience.
And as we now earnestly wish and desire that, towards those who henceforth shall serve in the Magistrate's office here, all citizens and subjects under our jurisdiction may,
269
The Laws.
with just zeal and conscientious obedience, submit to and support such laws and statutes, so long as they are not changed or withdrawn ; so we must also warn earnestly, ex officio, the offenders and obstinate delinquents, and also address them separately in the words of the Holy Apostle : " If thou doest that which is evil, be afraid, for he (the ruler) beareth not the sword in vain, for he is the minister of God, a revenger to execute wrath upon him that doeth evil."
Most especially and before all else all the citizens in- habitants and under tenants under Germantown jurisdiction or those who are settled and live here, recognizing with thankful hearts the special providence of the Almighty, as well as the gracious kindness of our King and Governor, (by virtue of which every one may without the least constraint or oppression, serve God unrestrainedly according to the best of his knowledge and conscience, and may worship him more freely than is possible in most other lands at this time) shall keep themselves from all sin and evil, by which the great God of Heaven and earth is displeased and angered, such as these : cursing and swearing by his Holy name, blasphemy against his divine majesty, unchaste babbling talk, which is not befitting for Christians, the dice, cards and other plays, lying, false witness, slander, libelling, in- surrection, fighting, duelling, murder, incendiarism, re- viling, scolding, especially against parents, magistrates, masters and women, stealing, robbery, fornication, adul- tery, blood or Sodomitical crime, drunkenness, forgery of a manuscript, or seal, debasement of coin, or false rep- resentation of boundary lines, etc., against which and other crimes special provision has already been made in the laws of this land by fines and corporal punishment; whence as well in this case as in regard to the other ordinances con-
270
The Settlement of Germantown.
tained therein, each and every one is to be informed. And by no means shall any one be pardoned by the excuse that he does not understand the English language and so did not know of such a law, nor by any other kind of pretext or excuse.
Further, the four immediately following fundamental articles, which the founders of this township of German- town at first unanimously ratified for the greater and more rapid growth of this place shall at all times be inviolably kept, namely :
I. That as well in Germantown as in the villages there- unto belonging, all the properties shall be taken up in reg- ular order and succession, without any exception, both upon the east and west, from beginning to end. But in case both sides are alike, then he who wishes to take up a property must draw lots with the others who have received land in the village, unless they freely grant and offer him the choice.
2. That when a number of them wish to settle at the same time and to take up land together, they shall draw lots, unless it be that they of themselves give the choice to one or more among them.
3. That since Germantown is laid out like a town and every whole property contains four acres, every half prop- erty two acres, no inhabitant here shall be entitled to build his dwelling except upon the aforesaid four or two acres respectively, without obtaining first the consent of the com- munity and then that of the General Court. Vid. Num. 52.
4. That, when upon any one's private property, water shall be found suitable for the erection of mills of any kind, the community shall have full right to build such mills, but that for such they must be willing to satisfy the owner of the land according to the decision of impartial
27I
The Laws.
persons. But in case the owner himself should build a mill within a year on such a place, it shall not be taken from him.
Finally the other laws and statutes following shall be valid and remain until the magistrates of this town in the General Court, after finding out further good, shall either change these or abolish and annul them altogether. Namely :
5. No one shall build a dwelling on the side land which he possesses outside of Germantown for the completion of his fifty or twenty-five acres or establish a household there, as long as he has no actual family in Germantown, under fine of twenty-five pounds.
6. Each resident shall keep the long street through the town or village, in front of his property, cleaned and free from all brush (knuysten) as well as from weeds and other trash, at all times. Or if in eight days after the street over- seer orders him, he has not obeyed, two shillings shall be imposed.
7. Of the cross streets only two at first, namely the Schuylkill and Mill Street, shall be opened and fenced off, and both shall be cleared by compulsory labor, from this present date on to the end of next October. The other four, any one who is willing to clear and sow them, may hold and use for six years after he has taken possession, provided he leaves ten feet for the public highway.
8. The trees upon the cross and side streets as far as the boundary lines, are for the community, and no one may cut down any of them for private use, under penalty of five pounds fine.
9. The outer cross streets, as long as no division fences are made, shall be fenced and kept in good condition by all those whose land extends through them, each one in
272
The Settlement of Germantown.
proportion to the amount of his property-also under pen- alty of five pounds.
IO. The posts of the said cross and side fences may stand a foot and a half into the street until such time as each lot in that quarter shall be separately fenced off, but such one and one half foot shall not thereby become the property of the corner lot, but shall also belong to the community for the street.
II. If any one wants to have a division fence made, he shall do it at his own expense, and not demand that his next neighbor pay his share in it, but in case the latter uses such a fence also when completed, he shall make good half of what he enjoys to him who made it.
12. Each and all who wish to keep cattle of any kind, shall fence in before the end of the next month, Septem- ber, a special enclosure or yard, so that the cattle cannot run into the common fields or through the house door or other doors. Whoever fails to do this must make good all damage thus occasioned, and also pay three shillings fine.
Vide infra, Num. 12.
13. All fences shall be at least five feet high, and strictly, on the lowest foot and a half from the ground there shall be no spaces more than four inches wide ; from there to the height of four feet no spaces more than six inches wide, and the top part shall be well guarded with strong rails. Also it shall be permitted to no one outside on the street to lay trees and such things against the rail fence, over which young pigs and other animals could the more easily climb up and get over. Whenever neglect of this on the part of any one shall be made known by the fence inspectors, he shall fix it within twenty four hours, or upon failure shall be fined six shillings.
Vide infra, Num. 13.
273
Cattle and Pigs.
14. If the fences are completed after the approved fashion, and yet horses oxen or cows jump over them, those who suffer damage from it are entitled to demand satisfaction from the owner of the animals, and further, if he refuses, to bring it before the sheriff. S.Z. But if a young pig or a hog come into fenced off property, and any one on the place makes complaint, and the owner cannot prove that it came in through a gate or a gap which was already in the fence, he shall be fined five shillings for each pig, each time it goes on to the property, of which three shillings belong and must be paid to the community, the other two to him who has suffered thereby.
Vide infra, Num. 14.
15. On the other hand, no one is permitted to kill an- other's pig, which so runs on to his place, but in case he does, he must pay immediately to the owner the full price which impartial persons consider it to have been worth.
15 et post Vide infra, Nu. 48 et. post 51.
16. When any one is proven to have accidentally let any kind of cattle into fenced off land, he is bound to make good all damage that they may have done or caused, and besides is to be fined one shilling.
17. But whoever voluntarily and purposely lets any cattle through a gate or otherwise into a field shall be fined ten shillings.
18. Germantown, and the three village communities therein included, (Krisheim, Somerhausen and Crefelt) shall each separately make their paths, roads and bridges, and keep them continually in good repair.
Vide infra, Num. 19.
18. The common service must be done equally by all
274
The Settlement of Germantown.
who have families. But whoever has one or more prop- erties in addition at any time, must do extra service for each one, when his turn comes.
19. The members of the General Court, together with the town clerk and messengers, in consideration of the length of time which they spend in consultation and the arrangement of the common business and affairs, shall, so long as they are performing such duties, be excused and free from the common compulsory labor.
N. B. This law, after repeated opposition and final soli- citation of the community, has been by the General Court repealed and abolished.
20. Every one must plant his trees at least one rod from the furrow of the neighboring property, or else, on com- plaint being made, be compelled to take them out again.
21. All must, as far as their neighbors clear and plow the land, cut down the trees within four rods on their own ground, (even the community upon the cross and side streets also) or at least make them so that they may not shade the neighbouring cultivated land. Whoever fails to do this in eight days after his neighbor has sent him notice, shall pay six shillings fine.
Vide Num. 56.
22. It is freely permitted to any one living under this jurisdiction, in case of pressing need, to travel over his fellow citizens' cultivated land. Whoever seeks to hinder or hold him back shall be fined six shillings.
23. The dogs are to be kept chained from the middle of the third month (May) until the end of the harvest, or else kept in so that they can do no damage, otherwise the owners of the dog must make entirely good all damage, and besides pay a fine of six shillings.
Vide Num. 55.
275
Chickens-Cattle-Burning Brush.
24. Chickens shall be free to run about to this extent, that people may frighten them away, but may not shoot them or kill them by a blow, or by throwing anything at them. But whoever, contrary to this, kills anothers' hen, must not only pay the owners for the same, but also for each so killed hen, must pay one shilling fine. S. 2 :- Ducks however it is hereby strictly prohibited to keep, to- gether with other injurious things. This on payment of the damage done, and fine of six pence for any one that has done any damage.
25. Oxen and cows which are over three years old, and run with the others in the brush, must have the tips of their horns cut off, so that they may not injure the others by hooking them. Whoever neglects this until the end of next September, must, together with the damage that his cattle in such condition have done, pay eleven shillings for each one whose horns are not cut.
26. Whatever resident of our township of Germantown shall, within the same, shoot or otherwise kill a wolf, and bring its head to one of the justices, shall receive six shill- ings for every one.
27. At the time when the laws of this land permit the brush to be burned, all inhabitants in Germantown, as well as in the village communities thereunto belonging, shall be required to announce to the neighbors of their quarters twenty four hours beforehand, from house to house, on what day and at what time of day, they wish to burn on their places, but without this neighborly warning they may not make a fire. Otherwise they must make good any dam- age caused by such burning, out of the proper time. Fur- thermore, all who own, or inhabit side lands, shall yearly put such under fire.
N. B. This law was thus amended Ist mo. 17, 1696.
276
The Settlement of Germantown.
28. If any one finds anything, he shall, through the town clerk, have a notice of the same publicly made (and he must have three pence for his trouble) ; but if this is not done the finder shall be severely punished.
29. Poor and old people, under our jurisdiction, who cannot longer support themselves by the labor of their hands, and indigent widows and orphans may make them- selves known to the General Court, by which they shall be helped as far as possible.
30. Bills of sale and lease, as well as all contracts re- lating to land and other immovable property (except for rent for a year or less), which are made within the juris- diction of Germantown, shall not be valid until they have been acknowledged and delivered in the open Court of record.
Vide infra, Num. 31.
N. B. The foregoing thirty laws and ordinances were read to the community and published, 6th mo. (Au- gust) 28, 1691.
32. Each and every one who shall hereafter wish to buy or rent land in the township of Germantown, or to set- tle within it, shall first procure from the General Court of his fellow citizens the right or privilege of living here, and without such permission no one shall participate in our privileges.
33. In order the better to avoid all possibility of fire, every one is hereby strictly forbidden to carry fire through the streets, or even from his next door neighbor's house to his own, unless it is in a covered pot or kettle. If any one comes to get fire without such pot or kettle he must be refused. If he, however, does this nevertheless, and damage is thereby incurred, the magistrates of this place may hold him responsible for all damage, but if no harm comes from
277
Fires.
it, and yet complaint is made, the offender shall be fined six shillings.
34. Similarly, no one may within Germantown or the village communities thereunto belonging, carry upon the open streets, or in stables or barns, a lighted candle, short or long, except in a lantern ; and also upon said streets and in stables and barns, no one may smoke tobacco, on pain of repairing all damage, and fine of six shillings, if no harm be done and yet he be accused.
35. Also no one, in said Germantown jurisdiction, shall dry flax, or make it ready for breaking, in the house over a fire, or in a hole in which there is a fire, which is not re- moved at least five rods from any kind of building. Also no one is permitted to break or swing flax at the lamp or candle. All under the same conditions and fine as are published in both preceding laws.
Vide infra, num. 36.
35. At all times there shall be within Germantown for every sixth lot, a fire hook twenty five feet long, and also a ladder twenty five feet high, namely, in all, four fire hooks and four ladders, and no one shall use these except in case of fire under penalty of six shillings fine.
36. Two of the six members of the council shall alter- nately every two months inspect the chimneys and hearths, and when they find anything wrong, they must notify the owner of the house of the time within which he must fix it; and if the latter fails to do this, he must be fined six shillings.
Vide num. 36.
37. No one shall take down another's fence or hedge to pass through, until he has obtained permission from the owner of the fence, nor take away any rails from another's
278
The Settlement of Germantown.
fence ; or, in case such a complaint is made, the offence shall be punishable according to the decision of the magis- trates then serving.
38. Since when blocks or other wood are laid against a fence, the fence is not only damaged, but also at time of burning brush, is so much harder to save, no one shall lay wood of any kind against another's fence on pain of severe penalty, if accusation is made.
39. When any one cuts down a tree and it falls against the fence, or if a dead tree of itself strike it, he who cut it down, or to whom the tree belongs, shall within twenty four hours take it away from the fence, and set this up as it was before, or pay whatever penalty the authorities shall pre- scribe, if accusation is brought against him.
N. B. Of the proceeding nine laws, num. 32 anno 1691, Novemb. 20th, numbers 33, 34, 35, 36, 37, 38 and 39 on December 15th were made in full General Court, and the same published by reading them to the community.
40. Those deeds and contracts which, according to the contents of the 30th law, must be acknowledged and de- livered in open Court of Record shall be first perfectly valid when they have been sealed by the Bailiff with the common town seal, and recorded by the Court clerk; for no document or contract of any kind shall or may be written of record, which has not thus been sealed. And there shall be paid for the sealing not more than six pence and for the recording one shilling.
Decretum in Senatu II mo. 2, 1691. Promulgated to the community 4 mo. 14, 1692.
Vide infra, num. 3.
N. B. Anno 1692/3 20th of Ist mo. (March) were all the preceding laws except Num. 19 again read aloud to the community by order of the General Court.
THE SETTLEMENT OF GERMANTOWN.
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279
Fences-Boundaries.
40. The present inhabitants of the village of Krisheim shall according to their undertaking intention and purpose, like those in Germantown, fence their fields in together, but if these or some of them shall prefer to make partition fences, each neighbor shall prepare to furnish half of this fence, or else be required to pay for it.
This law was made I mo. 17th, 1696.
41. The 19th day of first month, March, shall be named for yearly reading aloud the laws and ordinances made from time to time by the General Court here, to the com- munity, the members having been previously notified to come together on this same day.
This was also made Ist mo. 17, 1696.
42. On the 20th of said first month every second year, all of the inhabitants of the township of Germantown, especially the young people, shall go around the lines of the common enclosure, and where it is necessary, renew the marks and signs thereof. (Also made Ist mo. 17, 1696.)
The following 43 law is still valid :
43. Each and all who are chosen by the General Court, for any kind of commission or service, shall be compelled to enter on such duties and fulfill them faithfully under penalty of three pounds fine. But the person so chosen may state truthfully with yea or no, if he for conscience sake cannot take upon himself such duties, or if he is under sixteen or over sixty years old, or if the preceding year he held any commission in the general or open court.
N. B. This law was never repealed and should not be crossed out. Also was made Ist mo. 17, 1695.
44. All racing, as well as all other unnecessary fast driving in the streets of Germantown, is hereby strictly prohibited, and whoever disobeys, and thereby causes damage, shall fully repair it, and also pay ten shill. fine.
Extract from the book of laws.
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