Page images
PDF
EPUB

before the fame fhall be put in execution; and that thefe refpective committees fhall not fit at one and the fame time, except in cafes of neceffity.

XIV. And to the end that all laws prepared by the governor and provincial council aforefaid, may yet have the more full concurrence of the freemen of the province, it is declared, granted, and confirmed, That at the time and place or places for the choice of a provincial council as aforefaid, the faid freemen fhall yearly chufe members to ferve in a general affembly as their reprefentatives, not exceeding two hundred perfons, who shall yearly meet from the twentieth day of the fecond month, which shall be in the year one thoufand fix hundred and eighty three following, in the capital town or city of the faid province, where during eight days, the feveral members may freely confer with one another; and if any of them fee meet, with a committee of the provincial council, (confifting of three out of each of the four committees aforefaid, being twelve in all) which shall be at that time purpofely appointed to receive from any of them propofals for the alteration or amendment of any of the faid propofed and promulgated bills: And on the ninth day from their fo meeting, the faid general afsembly, after reading over the propofed bills, by the clerk of the provincial council, and the occafions and motives for them being opened by the governor or his deputy, fhall give their affirmative or negative, which to them feemeth beft, in fuch manner as herein after is expreffed. But not lefs than two-thirds fhall make a quorum in the paffing of laws, and choice of fuch officers as are by them to be chosen,

XV. That the laws fo prepared and propofed as aforefaid, that are affented to by the general affembly thall be enrolled as the laws of the province, with, this

Pp

file:

file: By the governor, with the confent and approbation of the freemen in provincial council and general affembly.

XVI. That for the better establishment of the government and laws of this province, and to the end there may be an univerfal fatisfaction in the laying of the fundamentals thereof; the general affembly shall or may for the firft year, confift of all the freemen of and in the faid province, and ever after it it fhall be yearly chofen as aforefaid; which number of two hundred fhall be enlarged as the country fhail encrease in people, fo as it do not exceed five hundred at any time: The appointment and proportioning of which, as alfo the laying and methodizing of the choice of the provincial council and general affembly in future times, moft equally to the divifions of the hundreds and counties, which the country fhall hereafter be divided into, fhall be in the power of the provincial council to propofe, and the general affembly to refolve.

XVII. That the governor and the provincial council fhall erect from time to time ftanding courts of juftice, in fuch places and number as they fhall judge convenient for the good government of the faid province. And that the provincial council fhall on the thirteenth day of the first month yearly, elect and prefent to the governor or his deputy, a double number of perfons to ferve for judges, treasurers, mafters of rolls within the faid province for the year next enfuing; and the freemen of the faid province in the county-courts, when they fhall be erected, and till then in the general affembly, fhall on the three and twentieth day of the fecond month yearly, elect and prefent to the governor or his deputy, a double number of perfons to ferve for fheriffs, juftices of the peace, and coroners, for the year next enfuing; out

of

of which refpective elections and prefentments, the governor or his deputy fhall nominate and cominiffionate the proper number for each office the third day after the faid prefentments; or elfe the first named in fuch prefentment for each office, fhall stand and ferve for that office the year enfuing.

XVIII. But forafmuch as the prefent condition of the province requires fome immediate fettlement, and admits not of fo quick a revolution of officers; and to the end the faid province may, with all convenient. speed, be well ordered and fettled, I William Penn, do therefore think fit to nominate and appoint such perfons for judges, treasurers, masters of the rolls, fheriffs, juftices of the peace, and coroners, as are moft fitly qualified for thofe employments; to whom I fhall make and grant commiffions for the faid officers, refpectively, to hold to them to whom the fame fhall be granted, for fo long time as every fuch perfon fhall well behave himself in the office or place to him refpectively granted and no longer. And upon the deceafe or difplacing of any of the faid officers, the fucceeding officer or officers fhall be chofen as a forefaid.

XIX. That the general affembly fhall continue fo long as may be needful to impeach criminals fit to be there impeached, to pafs bills into laws that they fhall think fit to pafs into laws, and till fuch time as the governor and provincial council fhall declare that they have nothing further to propofe unto them for their affent and approbation: and that declaration fhall be a difmifs to the general affembly for that time; which general affembly fhall be notwithstanding capable of affembling together upon the fummons of the provincial council, at any time during that year, if the faid provincial council fhall fee occafion for their fo affembling.

XX.

1

XX. That all the elections of members or reprefentatives of the people to ferve in provincial council and general affembly, and all queftions to be determined by both or either of them, that relate to paffing of bills into laws, to the choice of officers, to impeachments made by the general affembly, and judgment of criminals upon fuch impeachments by the provincial council, and to all other cafes by them refpectively judged of importance, fhall be refolved and determined by the ballot; and unlefs on fudden and indifpenfible occafions, on bufinefs in provincial council, or its refpective committees, fhall be finally determined the fame day that it is moved.

[ocr errors]

XXI. That at all times, when, and fo often as it fhall happen that the governor fhall or may be an infant, under the age of one and twenty years, and no guardians or commiffioners are appointed in writing by the father of the faid infant, or that fuch guardians or commiffioners fhall be deceased; that during fuch minority, the provincial council fhall from time to time, as they fhall fee meet, conftitute and appoint guardians or commiffioners, not exceeding three; one of which three fhall prefide as deputy and chief guardian, during fuch minority, and fhall have, and execute, with the confent of the other two, all the power of a governor, in all the public affairs and concerns of the faid province.

XXII. That as often as any day of the month mentioned in any article of this chart, fhall fall upon the first day of the week, coommonly called the Lord'sday, the bufinefs appointed for that day fhall be deferred till the next day, unlefs in cafe of emergency.

XXIII. That no act, law, or ordinance whatsoever, fhall at any time hereafter be made or done by the governor of this province, his heirs or affigns, or by the freemen

freemen in the provincial council, or the general affembly, to alter, change or diminish the form or effect of this charter, or any part or clause thereof, without the confent of the governor, his heirs or affigns, and fix parts of feven of the faid freemen in provincial. council and general affembly.

XXIV. And lastly, that I the faid William Penn, for myself, my heirs and affigns, have folemnly declared, granted, and confirmed, and do hereby folemnly declare, grant, and confirm, That neither I, my heirs nor affigns, fhall procure or do any thing or things, whereby the liberties in this charter contained and expreffed shall be infringed or broken; and if any thing be procured by any perfon or perfons contrary to thefe premiffes, it fhall be held of no force or effect. In witnefs whereof, I the faid William Penn have unto this prefent charter of liberties fet my hand and broad feal, this five and twentieth day of the fecond month, vulgarly called April, in the year of our Lord one thousand fix hundred and eighty-two.

WILLIAM PENN.

The following Laws were agreed upon in England, &c.

I. That the charter of liberties, declared, granted, and confirmed the five and twentieth day of the second month, called April, 1682, before divers witneffes, by William Penn, governor and chief proprietor of Pennfylvania, to all the freemen and planters of the faid province; is hereby declared and approved, and fhall be for ever held for fundamental in the government thereof, according to the limitations mentioned in the faid charter.

II. That every inhabitant in the faid province, that is or fhall be a purchafer of one hundred acres of land, or upwards, his heirs and affigns, and every perfon

who

« PreviousContinue »