[Observe the absence of any provision for participation by the settlers in lawmaking. The charter does not even contain the usual guarantee of the "rights of Englishmen," though the provision for appeals to English courts would secure such rights indirectly. Cf.American History and Government, § 109.]
[Observe the absence of any provision for participation by the settlers in lawmaking. The charter does not even contain the usual guarantee of the "rights of Englishmen," though the provision for appeals to English courts would secure such rights indirectly. Cf.American History and Government, § 109.]
Charters and Laws of Pennsylvania(Harrisburg, 1879), 81-90.Penn made the first draft of this charter from Baltimore's Maryland Charter of 1632, but the Attorney-General inserted several clauses which increased the authority of the English government, cf.American History and Government, § 110.
Charters and Laws of Pennsylvania(Harrisburg, 1879), 81-90.
Penn made the first draft of this charter from Baltimore's Maryland Charter of 1632, but the Attorney-General inserted several clauses which increased the authority of the English government, cf.American History and Government, § 110.
CHARLES THE SECOND[etc.]. ...Whereasour Trustie and well beloved Subject, William Penn, Esquire, sonn and heire of Sir William Penn, deceased, out of a commendable desire to enlarge our English Empire, and promote such usefull comodities as may bee of benefitt to us and our Dominions, as alsoe to reduce the Savage Natives by gentle and just manners to the love of civill Societie and Christian Religion hath humbley besought leave of us to transport an ample colonie unto a certaine Countrey hereinafter described in the partes of America not yet cultivated and planted. And hath likewise humbley besought our Royall Majestie to give, grant, and confirm all the said Countrey with certaine priviledges and Jurisdiccons requisite for the good Government and safetie of the said Countrey and Colonie, to him and his heirs forever.Knowe yee, therefore, that wee favouring the petition and good purpose of the said William Penn, and haveingregard to the memorie and meritts of his late father ... by this Our present Charter, for us, Our heires and successors, Doe give and grant unto the said William Penn, his heires and assignes All that Tract or parte of land in America, [the long and indefinite bounding clause follows.] ... and him the said William Penn, his heires and Assignes, Wee do, by this our Royall Charter ... make, ... the true and absolute Proprietaries of the Countrey aforesaid, Saving unto us ... the Sovreignity of the aforesaid Countrey ... To bee holden of us, our heires and Successors, Kings of England, as of our Castle of Windsor, in our County of Berks, in free and common socage by fealty only for all services, and not in Capite or by Knights services, Yeelding and paying therefore ... two beaver Skins to bee delivered att our said Castle of Windsor, on the first day of Januarie, in every yeare; and also the fifth parte of all Gold and Silver Oare, which shall from time to time happen to be found within the Limitts aforesaid, cleare of all Charges, and ... wee doe hereby erect the aforesaid Countrey and Islands, into a Province and Seigniorie, and doe call ittPensilvania..., And forasmuch as wee have hereby made and ordeyned the aforesaid William Penn, his heires and assignes, the true and absolute Proprietaries of all the Lands and Dominions aforesaid. Know yee therefore, that wee reposing speciall trust and Confidence in the fidelitie, wisdome, Justice, and provident circumspeccon of the said William Penn ..., Doe grant free, full and absolute power, by vertue of these presents to him and his heires, and to his and their Deputies, and Lieutenants, for the good and happy government of the said Countrey, to ordeyne, make, Enact, and under his and their Seales to publish, any Lawes whatsoever, for the raising money for the publick use of the said province, or for any other End apperteyning either unto the publick state, peace, or safety of the said Countrey, or unto the private utility of perticular persons, according unto their best discretions,by and with the advice, assent, and approbacon of the freemen of the said Countrey, or the greater parte of them,r of their Delegates or Deputies, whom for the Enacting of the said Lawes, when, and as often as need shall require, Wee will, that the said William Penn, and his heires, shall assemble in such sort and forme as to him and them shall seeme best, and the same Lawes duely to execute unto, and upon all people within the said Countrey and limitts thereof; And wee doe likewise give and grant unto the said William Penn, and his heires, and to his and their Deputies and Lieutenants, such power and authoritie to appoint and establish any Judges, and Justices, Magistrates and Officers whatsoever, for what Causes soever, for the probates of will and for the granting of Administracons within the precincts aforesaid, and with what power soever, and in such forme as to the said William Penn, or his heires, shall seeme most convenient. Alsoe, to remitt, release, pardon and abolish, whether before Judgement or after, all Crimes and Offences whatsoever, comitted within the said Countrey, against the said Lawes, Treason and wilfull and malicious Murder onely excepted; and in those Cases, to Grant Reprieves untill Our pleasure may bee knowne thereon, and to doe all and every other thing and things which unto the compleate establishment of Justice unto Courts and Tribunals, formes of Judicature and manner of proceedings doe belong, altho' in these presents expresse mencon bee not made thereof; ... Provided, Nevertheles, that the said Lawes bee consonant to reason, and bee not repugnant or contrarie, but as neare as conveniently may bee agreeable to the Lawes, Statutes and rights of this our Kingdome of England,And Saveing and reserving to us, Our heirs and Successors, the receiving, heareing, and determining of the Appeale and Appeales, of all or any person or persons, of, in or belonging to the Territories aforesaid, or touching any Judgement to bee there made or given... [In emergencies, the proprietor or his representatives may make ordinances without the consent of the freemen; the same to be agreeable to the laws of England with limitation as in the Maryland Charter.] And our further will and pleasure is, that the Lawes for regulateingand governing of Propertie, within the said Province, as well for the descent and enjoyment of lands, as likewise for the enjoyment and succession of goods and Chattells, and likewise as to felonies, shall be and continue the same as shall bee for the time being, by the general course of the Law in our Kingdome of England, untill the said Lawes shall be altered by the said William Penn, his heires or assignes, and by the freemen of the said Province, their Delegates or Deputies, or the greater part of them. And to the End the said William Penn, or heires, ... may not att any time hereafter, by misconstrucon of the powers aforesaid, through inadvertiencie or designe, depart from that faith and due allegiance which ... they always owe unto us, Our heires and successors, ... by force or colour of any lawes hereafter to bee made in the said Province, ... Our further will and pleasure is,that a transcript or Duplicate of all lawes which shall bee soe as aforesaid, made and published within the said province, shall within five yeares after the makeing thereof, be transmitted and delivered to the privy Councell, for the time being, of us, our heires and successors; And if any of the said Lawes within the space of six months, after that they shall be soe transmitted and delivered, bee declared by us, our heires or successors, in our or their privy Councell, inconsistent with the sovereignety or lawfull prerogative of us, our heirs or successors, or contrary to the faith and allegiance due by [to] the legall Government of this realme, from the said William Penn, or his heires or of the Planters and Inhabitants of the said province; and that thereupon any of the said Lawes shall bee adjudged and declared to bee void by us, our heirs or successors, under our or their Privy Seale,that then, and from thenceforth such Lawes concerning which such Judgement and declaracon shall be made, shall become voyd, otherwise the said lawes soe transmitted, shall remaine and stand in full force according to the true intent and meaneing thereof.[96]...
[Grant of right to export products of the province into anyEnglish port, "and not into any other country whatsoeve," with a clause insisting upon obedience to "the Acts of Navigation."]And Wee doefurther appoint and ordaine ... That he the said William penn, his heires and assignes, may from time to time forever, have and enjoy the Customes and Subsidies in the ports, harbours and other Creeks, and places aforesaid, within the province aforesaid, payable or due for merchandizes and wares, there to be Laded and unladed, the said Customes and Subsidies to be reasonably assessed, upon any occasion by themselves, and the people there as aforesaid, to be assembled to whom wee Give power, by these presents for us, our heires and Successors, upon just cause, and in a due proporcon, to assesse and impose the same,Saveing unto us, our heires and Successors, such imposicons and customes as by Act of parliament are and shall be appointed.Andfurther ...Wee doe... grant ... That Wee, our heeres and Successors shall att no time hereafter sett or make, or cause to be sett, any imposition, custome or other taxacon, rate or contribucon whatsoever, in and upon the dwellers and inhabitants of the aforesaid province, for their Lands, tenements, goods or chattels, within the said province, or in and upon any goods or merchandize within the said province, or to be laden or unladen within the ports or harbours of the said province,unles the same be with the consent of the proprietary, or chiefe Governor and assembly, or by Act of parliament in England.[97]...
Hazard'sAnnals of Pennsylvania, 568-574. Penn gave a formal charter to the settlers in 1683, prefaced by the following "laws" which constitute a bill of rights and which were to be altered only by the consent of six sevenths of the legislature. The charter of 1683 was replacedby that of 1701 (seeb, below); but these "Lawes" were a separate instrument of government, and remained in force.
Hazard'sAnnals of Pennsylvania, 568-574. Penn gave a formal charter to the settlers in 1683, prefaced by the following "laws" which constitute a bill of rights and which were to be altered only by the consent of six sevenths of the legislature. The charter of 1683 was replacedby that of 1701 (seeb, below); but these "Lawes" were a separate instrument of government, and remained in force.
III. That all elections of members or representatives of the people ... of the province ... to serve in the provincial council or general assembly, to be held within the said province, shall be 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 such reward as aforesaid, to be elected, shall forfeit his election, 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.
IV. That no money or goods shall be raised upon, or paid by any of the people of this province, by way of public tax, custom, or contribution, but by a law for that purpose made, and whosoever shall levy, collect, or pay any money or goods contrary thereto, shall be held a public enemy to the province, and a betrayer of the liberties of the people thereof.
V. That all courts shall be open, and justice shall neither be sold, denied, or delayed.
VII. That all pleadings, processes, and records in court, shall be short, and in English, and in an ordinary and plain character, that they may be understood, and justice speedily administered.
VIII. That all trials shall be by twelve men, and as near as may be, peers or equals, and of the neighbourhood, and men without just exception. In cases of life, there shall be first twenty-four returned by the sheriffs for a grand inquest, of whom twelve at least shall find the complaint to be true, and then the twelve men or peers, to be likewise returned bythe sheriff, shall have the final judgment. But reasonable challenges shall be always admitted against the said twelve men, or any of them.
IX. 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.
X. That all prisons shall be workhouses for felons, vagrants, and loose and idle persons, whereof one shall be in every county.
XI. That all persons shall be bailable by sufficient sureties, unless for capital offences, where the proof is evident, or the presumption is great.
XII. That all persons wrongfully imprisoned or prosecuted at law, shall have double damages against the informer or prosecutor.
XIII. That all prisons shall be free as to fees, food, and lodging.
XIV. 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.
XV. That all wills in 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.
XVI. That seven years quiet possession shall give an unquestionable right, except in cases of infants, lunatics, married women, or persons beyond the seas.
XXVIII. That all children within this province, of the age of twelve years, shall be taught some useful trade or skill, to the end none may be idle, but the poor may work to live, and the rich, if they become poor, may not want.
XXIX. That servants be not kept longer than their time, and such as are careful be both justly and kindly used in their service, and put in fitting equipage at the expiration thereof, according to custom.
Votes and Proceedings of the House of Representatives of Pennsylvania, I, pt. II, i-iii.A brief statement of the political conditions in the colony previous to this grant will be found inAmerican History and Government, § 110. After a long absence in England, Penn returned to the colony in December, 1699, to find turmoil and confusion. After a few months, it became clear that Penn must again go back to England promptly to save his proprietary rights from attacks there; but before he left, he granted, and the Assembly accepted, this noble charter, which remained the constitution of the colony until 1776, and which the more conservative patriots of that Revolutionary day wished to have continued still longer as the constitution of the independent State.Italics are as in the original. The editor has usedblack italicssparingly to call attention to especially important passages.
Votes and Proceedings of the House of Representatives of Pennsylvania, I, pt. II, i-iii.
A brief statement of the political conditions in the colony previous to this grant will be found inAmerican History and Government, § 110. After a long absence in England, Penn returned to the colony in December, 1699, to find turmoil and confusion. After a few months, it became clear that Penn must again go back to England promptly to save his proprietary rights from attacks there; but before he left, he granted, and the Assembly accepted, this noble charter, which remained the constitution of the colony until 1776, and which the more conservative patriots of that Revolutionary day wished to have continued still longer as the constitution of the independent State.
Italics are as in the original. The editor has usedblack italicssparingly to call attention to especially important passages.
[Recital of grant of charter of 1681 to Penn, the liberal "frame of government" established by Penn in 1683, the later distractions, and Penn's promise either to restore the "frame" of 1683 or to grant a new one "better adapted to ... the present circumstances."]
KNOW YE THEREFORE, That for the further Well-being and good Government of the said Province, and Territories; and in Pursuance of the Rights and Powers before-mentioned, I the saidWilliam Penndo declare, grant and confirm, unto all the Freemen, Planters, and Adventurers, and other Inhabitants of this Province and Territories, these following Liberties, Franchises and Privileges, so far as in me lieth, to be held, enjoyed, and kept, by the Freemen, Planters and Adventurers, and other Inhabitants of and in the said Province, and Territories thereunto annexed, for ever.
I.
BECAUSE no People can be truly happy, tho' under the greatest Enjoyment of civil Liberties, if abridged of the Freedom of their Consciences, as to their Religious Profession and Worship: And Almighty God being the only Lord of Conscience, Father of Lights and Spirits; and the Author as well as Object of all divine Knowledge, Faith and Worship, who only doth enlighten the Minds, and persuade 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, ... shall be in any Case molested or prejudiced, in his or their Person or Estate, because of his or their conscientious 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.[98]
AND that all Persons who also profess to believe inJesus Christ, the Saviour of the World, shall be capable (notwithstanding their other Perswasions and Practices in Point of Conscience and Religion) to serve this Government in any Capacity, both legislatively and executively, he or they solemnly promising, when lawfully required, Allegiance to the King as Sovereign, and Fidelity to the Proprietary and Governor,...
II.
FOR the well governing of this Province and Territories, 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, and Ability (or of a greater Number at any Time, as the Governor and Assembly shall agree) upon the first Day ofOctoberfor ever; and shall siton the fourteenth Day of the same Month atPhiladelphia, unless the Governor 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 chuse a Speaker and other their Officers; and shall be judges of the Qualifications and Elections of their own Members;sit upon their own Adjournments; appoint Committees; prepare Bills, in order 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 Freeborn Subjects ofEngland, and as is usual in any of the King's Plantations inAmerica.
AND if any County or Counties, shall refuse or neglect to chuse their respective Representatives as aforesaid, or if chosen, do not meet to serve in Assembly, those who are so chosen and met, shall have the full Power of an Assembly, in as ample Manner as if all the Representatives had been chosen and met, provided they are not less than Two Thirds of the whole Number that ought to meet.
AND that the Qualifications of Electors and Elected, and all other Matters and Things relating to Elections of Representatives to serve in Assemblies, tho' not herein particularly expressed, shall be and remain as by a Law of this Government, made atNewcastlein theYear One Thousand Seven Hundred, intituled,An Act to ascertain the Number of Members of Assembly, and to regulate the Elections.[99]
III.
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, chuse a double Number of Persons to present to the Governor for Sheriffs and Coroners, to serve for Three Years, if so long theybehave themselves well; out of which respective Elections and Presentments, the Governor shall nominate and commissionate one for each of the said Offices, 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 the Governor, to serve to the End of the said Term.
PROVIDED ALWAYS, That if the said Freemen shall, at any Time, neglect, or decline to chuse 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 Sheriffs or Coroners, at the Time of Election, shall remain therein, until they shall be removed by another Election as aforesaid.
AND that the Justices of the respective Counties, shall or may nominate and present to the Governor three Persons, to serve for Clerk of the Peace for the said County when there is a vacancy, one of which the Governor shall commissionate within ten Days after such Presentment, or else the first nominated, shall serve in the said Office during good Behaviour.
IV.
[Style and manner of recording laws.]
V.
THAT all Criminals shall have the same Privileges of Witnesses and Council as their Prosecutors.
VI.
THAT no Person or Persons shall, or may, at any Time hereafter, be obliged to answer any Complaint, Matter or Thing whatsoever relating to Property, before the Governor and Council, or in any other Place, but in ordinary Course of Justice, unless Appeals thereunto shall be hereafter by Law appointed.
VII.
[Ordinaries and Taverns to be licensed by the Governor, on recommendation of the Justices of the counties concerned,—with power to suppress for misbehaviour.]
VIII.
IF any Person, through Temptation or Melancholy, shall destroy himself, his Estate, real and personal, shall, notwithstanding, descend to his Wife and Children, or Relations, as if he had died a natural Death;[100]and if any Person shall be destroyed or killed by Casualty or Accident, there shall be no Forfeiture to the Governor 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 Governor for the Time being, and Six Parts of Seven of the Assembly met.[2]
BUT because the Happiness of Mankind depends so much upon the Enjoying of Liberty of their Consciences as aforesaid, 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 Conscince, and every Part and Clause therein, according to the true Intent and Meaning thereof,shall be kept and remain, without any Alteration, inviolably for ever.[101]
[Provision for separation of the Delaware "Territories" under their own legislature, if they so desire.]
NOTWITHSTANDING which Separation of the Province and Territories, in Respect of Legislation, I do hereby promise, grant and declare, That the Inhabitants of both Province and Territories, shall separately enjoy all other Liberties, Privileges and Benefits, granted jointly to them in this Charter, any Law, Usage or Custom of this Government heretofore made and practised, or any Law made and passed by the General Assembly, to the contrary hereof notwithstanding.
Hening'sStatutes, II, 511-517.In 1670 the Colonial Board (No. 99, above) sent out questions, which, with the answers of Governor Berkeley for Virginia (1671), are given below. Other colonies sent like reports.
Hening'sStatutes, II, 511-517.
In 1670 the Colonial Board (No. 99, above) sent out questions, which, with the answers of Governor Berkeley for Virginia (1671), are given below. Other colonies sent like reports.
1. What councils, assemblies, and courts of judicature are within your government, and of what nature and kind?
Answer.There is a governor and sixteen counsellors, who have from his sacred majestie, a commission ofOyer and Terminer, who judge and determine all causes that are above fifteen pound sterling; for what is under, there are particular courts in every county, which are twenty in number.Every year, at least the assembly is called, before whom lye appeals, and this assembly is composed of two burgesses out of every county. These lay the necessary taxes, as the necessity of the war with the Indians, or their exigencies require.
[2. Courts of admiralty.]
3. Where the legislative and executive powers of your government are seated?
Answer.In the governor, councel and assembly, and officers substituted by them.
4. What statute laws and ordinances are now ... in force?
Answer.The secretary of this country every year sends to the lord chancellor, or one of the principal secretaries, what laws are yearly made; which for the most part concern only our own private exigencies; for, contrary to the laws of England,we never did, nor dare make any, only this, that no sale of land is good and legal, unless within three months after the conveyance it be recorded in the general court, or county courts.
5. What number of horse and foot are within your government, and whether they be trained bands or standing forces?
Answer.All our freemen are bound to be trained every month in their particular counties, which we suppose, and do not much mistake in the calculation, are near eight thousand horse: there are more, but it is too chargeable for poor people, as wee are, to exercise them.
6. (Castles and forts.)
7. What number of privitiers do frequent your coasts ... the number of their men, and guns, and names of their commanders?
Answer.None to our knowledge, since the late Dutch war.
8. What is the strength of your bordering neighbors, be they Indians or others ...?
Answer.We have no Europeans seated nearer to us than St. Christophers or Mexico, that we know of, except some few ffrench that are beyond New England. The Indians, our neighbours, are absolutely subjected, so that there is no fear of them[102]....
9. (Arms, amunition, and stores ... "sent you upon his majestys account?")
Answer.... His majesty in the time of the Dutch warr, sent us thirty great guns, most of which were lost in the ship that brought them. [No others sent; someboughtby the colony.]
10. What monies have been paid ... by his majesty, or levied within your government for and towards the buying of armes or making or maintaining of any ffortifications or castles, and how have the said monies been expended?
Answer.Besides those guns I mentioned, we never had any monies of his majesty towards the buying of ammunition orbuilding of fforts. What monies can be spared out of the publick revenue, we yearly lay out in ammunition.
11. What are the boundaries and contents of the land, within your government?
Answer.As for the boundaries of our land, it was once great, ten degrees in latitude, but now it has pleased his majesty to confine us to halfe a degree. Knowingly, I speak this. Pray God it may be for his majesty's service, but I much fear the contrary.[103]
12. What commodities are there of the production, growth and manufacture of your plantation; and particularly, what materials are there already growing, or may be produced for shipping in the same?
Answer.Commodities of the growth of our country, we never had any but tobacco, which in this yet is considerable, that it yields his majesty a great revenue; but of late, we have begun to make silk, and so many mulberry trees are planted, and planting, that if we had skilfull men from Naples or Sicily to teach us the art of making it perfectly, in less than half an age, we should make as much silk in an year as England did yearly expend three score years since; but now we hear it is grown to a greater excess, and more common and vulgar usage. Now, for shipping, we have admirable masts and very good oaks; but for iron ore I dare not say there is sufficient to keep one iron mill going for seven years.
13. Whether saltpetre is or may be produced within your plantation, and if so, at what rate may it be delivered in England?
Answer.Saltpetre, we know of none in the country.
14. What rivers, harbours or roads are there in or about your plantation and government, and of what depth and soundings are they?
Answer. Rivers, we have four, as I named before, all able, safely and severally to bear an harbour a thousand ships of the greatest burthen.
15. What number of planters, servants and slaves; and how many parishes are there in your plantation?
Answer.We suppose, and I am very sure we do not much miscount, that there is in Virginia above forty thousand persons, men, women and children, and of which there are two thousandblack slaves, six thousandchristian servants, for a short time; the rest are born in the country or have come in to settle and seat, in bettering their condition in a growing country.
16. What number of English, Scots, or Irish have for these seven years past came yearly to plant ... within your government; as also whatblacksorslaveshave been brought in ...?
Answer.Yearly we suppose there comes in, of servants, about fifteen hundred, of which most are English, few Scotch, and fewer Irish, and not above two or three ships of Negroes in seven years.[104]
17. [Mortality? The answer expresses inability to give exact figures, from lack of a "register office," but insists upon improvements in health of new immigrants as compared with earlier times.]
18. What number of ships to trade yearly to and from your plantations, and of what burthen are they?
Answer.English ships, near eighty, come out of England and Ireland every year for tobacco; few New England ketches;but of our own we never had yet more than two at one time, and those not more than twenty tons burthen.
19. What obstructions do you find to the improvement of trade and navigation ...?
Answer.Mighty and destructive, by that severe act of parliament which excludes us the having any commerce with any nation in Europe but our own.[105][Navigation Acts of 1660, 1663] ... Besides this, we cannot procure any skillfull men for our now hopefullcommodity, silk; for it is not lawfull for us to carry a pipestave or a barrel of corn to any place in Europe out of the king's dominions.[106]If this were for his majesty's service or the good of his subjects, we should not repine, whatever our sufferings ... but on my soul, it is the contrary for both. And this is the cause why no small or great vessels are built here;[107]for we are most obedient to all laws, whilst the New England-men break through, and trade to any place that their interests lead them.
20. What advantages ... do you observe that may be gained to your trade or navigation?
Answer.None, unless we had liberty to transport our pipe staves, timber and corn to other places besides the king's dominions.
21. What rates and duties are charged and payable upon any goods exported out of your plantation, whither of your own growth or manufacture, or otherwise, as also upon goods imported?
Answer.No goods, either exported or imported, pay any the least duties here, only two shillings the hogshead on tobacco exported, which is to defray all public charges; and this year we could not get an account of more than fifteen thousand hogsheads, out of which the king allows me a thousand yearly, with which I must maintain the part of my place, and one hundred intervening charges that cannot be put to public account. And I can knowingly affirm, that there is no government of ten years settlement, but has thrice as much allowed him. But I am supported by my hopes, that his gracious majesty will one day consider me.
22. What revenues doe or may arise to his majesty within your government, and of what nature is it; by whom is thesame collected, and how answered and accounted to his majesty?
Answer.There is no revenue arising to his majesty but out of the quit-rents; and this he hath given away to a deserving servant, Col. Henry Norwood.
23. What course is taken about the instructing the people, within your government in the christian religion ...?
Answer.The same course that is taken in England out of towns; every man according to his ability instructing his children. We have fforty eight parishes, and our ministers are well paid, and by my consent should be betterif they would pray oftener and preach less. But of all other commodities, so of this,the worst are sent us, and we had few that we could boast of, since the persicution inCromwell'stiranny drove divers worthy men hither. But, I thank God,there are no free schoolsnorprinting, and I hope we shall not have these hundred years; forlearninghas brought disobedience, and heresy, and sects into the world, andprintinghas divulged them, and libels against the best government. God keep us from both!
Hening'sStatutes at Large.For the general reaction of this period,American History and Government, §§ 103, 104.
Hening'sStatutes at Large.
For the general reaction of this period,American History and Government, §§ 103, 104.
[October, 1670.]
Act III. Whereas the usuall way of chuseing burgesses by the votes of all persons who, haveing served their tyme, are ffreemen of this country, who, haveing little interest in the country, doe oftner make tumults at the election to the disturbance of his majesties peace, then by their discretions in their votes provide for the conservasion thereof, by makeing choyse of persons fitly qualifyed for the discharge of soe greate a trust,And whereas the lawes of England grant a voyce insuch election only to such as by their estates real or personall have interest enough to tye them to the endeavour of the publique good; It is hereby enacted, that none but ffreeholders and housekeepers who only are answerable to the publique for the levies shall hereafter have a voice in the election of any burgesses in this country; and that the election be at the court house.
["Bacon's Assembly" of 1676 repealed this restriction and restored free manhood franchise; but that act fell with the other attempted reforms of that year; Nos. 106, 109, below.]
["Bacon's Assembly" of 1676 repealed this restriction and restored free manhood franchise; but that act fell with the other attempted reforms of that year; Nos. 106, 109, below.]
Hening'sStatutes at Large, II, 341-365.Cf.American History and Government, § 105.
Hening'sStatutes at Large, II, 341-365.
Cf.American History and Government, § 105.
At a Grand Assemblie Holden at James Citie the fifth day of June, 1676.
Act I. [An act for carrying on a warre against the barbarous Indians.]
[Nearly ten pages. Declares war; Provides an army of 1000 men; decrees that captives shall be made slaves; appoints Bacon "genll. and commander in cheife."]
Act II. [Prohibits trade with Indians.]
Act III. [Reserves to the colony as a whole any deserted Indian lands.]
Act IV. [To suppress tumults.]
Act V. [Sheriffs.]
Whereasdivers complaints have been made throughout the country of the abuses ... of divers offices ...Bee it enacted by the governour, councell, and burgesses of this grand assembly, and by the authority of the same, that noe person whatsoever within this country shall exercise, hold, and enjoy the office of sherriffe or under-sherriffe more than one year successively. [Penalty, 20,000 pounds of tobacco] ...And bee it further enacted... that noe person or persons whatsoever shall hold or enjoy two of these offices hereafter named at oneand the same time ... viz. ... sherriffs, clerke of courte, surveyor, and escheator. ... [Three years residence necessary for eligibility to any office. ... Provision, in much detail, against sheriffs or other officers exacting more than the legal fees.]
Act VI. [Vestries.]
Whereas the long continuance of vestries ... is presented as a greivance,Bee it enacted... that it shall and may be lawfull ... for the freeholdersand freemenof every parish ... by the majoritie of votes to elect ... certaine freeholders or substantiall householders to the number of twelve ... which said twelve shall be ... the vestrie of the parish ... and such election to be made ...once in every three yeares.
Act VII [Suffrage.]
Bee it enacted... that the act of assembly [1770; see No. 105] ... which forbidsfreemento have votes in the election of burgesses be repealed, and that they be admitted, together with freeholders and householders, to vote as formerly in such elections.
Act VIII. [To add representatives to the Board of County Justices, except for judicial purposes.]
Whereasthe justices of the county courts ... have accustommarily sett ... a rate or assessment upon the people of their counties ... and whereas it hath been suspected ... that under colour thereof many sums have bin raised ...for the interest of particular persons....Beeit enacted ... that some of the discreetest and ableest of the inhabitants of each county,equal in number to the number of justices... be yearly chosen ... [by parishes] by majoritie of votes of householders, ffreeholders, and ffreemen ... which said representatives, together with the justices ... are to meet at the usual place ... and are hereby authorized and impowered to have equal votes with them, the said justices,in laying county assessments and of[in]making wholesome by-lawesfor the good of their counties.
IX, X, XI. [Forms of procedure in collecting levies and administering estates.]
XII. [Abolition of exemptions from taxation.]
For the greater ease of the country ... Bee it enacted that the 55th act of the printed laws [code of 1662], soe far as it relates to the honorable councill of state and ministers, bee ... repealed, and that for the future the persons of the councill and all others of their families be liable to pay levies ... and that the person of every minister bee exempted, ... but all other tithable persons in his familie shall be liable to pay levies....
XIII. [Permitting wolf-bounties.]
XIV. [Regarding trespass by "unrulie horses" "within another person's enclosure."]
XV. [Forbids exportation of corn until next session of the assembly.]
XVI. [For temperance reform.]
Whereas it is most apparently found that the many ordinaries [taverns] in severall parts of the country are very prejudiciall ... Bee it therefore enacted ... that no ordinaries, ale houses, or other tipling houses whatsoever ... be kept in any part of the country [except "at James Citty" and "at the two great ferries" of Yorke river];Provided... that [these exceptions] be admitted ... to sell ... mare's meate, horse-meate, beer, and syder, but no other strong drinke whatsoever. ... [Penalty of 1000 pounds tobacco for selling "any sorte of drinke or liquor"or for"being drunke ... in his ... house."]
XVII. XVIII. [Special Acts, relating to James City and two counties.]
Act XIX. [General Pardon and Oblivion.]
Act XX. [Disabling Lt. Col. Edward Hill and Lieut. John Stith. from bearing any office, civil or military, because these men had "bin the greatest instruments ... of raiseing, promoteing, and stirring up the late differences and misunderstandings ... between the honorable governour and his majesties good and loyal subjects," Beacon's party.]
Massachusetts Historical Society Collections, Fourth Series, IX, 184-187.The closing paragraphs (here given) follow some two pages of specific charges of misgovernment against Governor Berkeley and certain of "his wicked and pernicious counsellors, confederates, aides and associates against the Comonality."
Massachusetts Historical Society Collections, Fourth Series, IX, 184-187.
The closing paragraphs (here given) follow some two pages of specific charges of misgovernment against Governor Berkeley and certain of "his wicked and pernicious counsellors, confederates, aides and associates against the Comonality."
The Declaracion of the People
... And we doe further demand that the said Sir William Berkeley with all the persons in this list be forthwith delivered up or surrender themselves within fower days after the notice hereof, Or otherwise we declare as followeth.
That in whatsoever place, howse, or ship, any of the said persons shall reside, be hidd, or protected, we declaire the owners, Masters or inhabitants of said places, to be confederates andtrayters to the people; and the estates of them as alsoe of all the aforesaid persons to be confiscated, and this we theCommons of Virginia, doe declare, desiering a firme union amongst ourselves that we may joyntly and with one accord defend ourselves against the common Enimy, and lett not the faults of the guilty be the reproach of the inocent, or the faults or crimes of the oppressors devide and separate us who have suffered by theire oppressions.
These are therefore in his majesties name to command you forthwith to seize the persons above mencioned as Trayters to the King and Country and them to bring to Midle plantacon, and there to secure them untill further order, and in case of opposicion, if you want any further assistance you are forthwith to demand itt in the name of the people in all the Counties of Virginia.
Nath. Bacon.
Genll by Consent of the people.