A Glorious Revolution for Youth and Communities: Service-Learning and Model Communities
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Power to those Persons to grant to others the same Tenures in fee simple or otherwise to be held of the said Mannors respectively and upon all further Alienations the Land to be held of the Mannor that it held of before the Alienation.
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And if any doubts or questions shall hereafter arise about the true sense or meaning of any word clause or sentence contained in this our Charter we will ordain and command that at all times and in all things such Interpretation be made thereof and allowed in any of our Courts whatsoever as shall be adjudged most advantageous and favourable to the said W. In Witness whereof we have caused our Letters to be made Pattents.
Witness our self at Westminster the fourth day of March, Anno Dom. Whereas King Charles the second by his Letters Pattents under the great Seal of England, bearing date the fourth day of March, in the thirty third year of the KING, for divers Considerations therein mentioned, hath been graciously pleased to give and grant unto me William Penn, by the name of William Penn, Esquire, Son and Heir of Sir William Penn deceased, and to my Heirs and Assigns forever, all that tract of Land or Province called Edition: current; Page: [ 38 ] Pennsilvania in America, with divers great Powers, Pre-eminences, Royalties, Jurisdictions and Authorities, necessary for the well-being and good Government thereof.
Now know ye, That for the well-being and good Government of the said Province and Territories thereunto annexed, and for the Encouragement of all the Free-men and Planters that may be therein concerned, in pursuance of the Right and Powers afore-mentioned, I the said William Penn have declared, granted and confirmed, and by these presents for me, my Heirs and Assigns, do declare, grant and confirm unto all the Free-men, Planters, and Adventurers of, in and to the said Province and Territories thereof, these Liberties, Franchises and Properties; so far as in me lyeth, to be held, enjoyed and kept by the Free-men, Planters and Adventurers of and in the said Province of Pennsilvania and Territories thereunto annexed, forever.
Imprimis, That the Government of this Province and Territories thereof, shall from time to time according to the Powers of the Pattent, and Deed, of Feonment aforesaid consist of the Proprietary and Governour, and the Free-men of the said Province and Territories thereof in the form of a Provincial Council and Assembly, which Provincial Council shall consist of eighteen Persons, being three out of each County, and which Assembly shall consist of thirty six Persons, being six out of each County, men of most note, for Virtue, Wisdom, and Ability, by whom all Laws shall be made, Officers chosen and publick Affairs transacted, as is hereafter limited and declared.
There being three Persons already chosen for every respective County of this Province, and Territories therof, to serve in Provincial Council, one of them for three Years, one for two Years, and one for one Year, and one of them being to go off Yearly in every County. That on the tenth Day of the first Moneth yearly forever after, the Free-men of the said Province and Territories thereof, shall meet together in the most convenient place in every Edition: current; Page: [ 39 ] County of this Province, and Territories thereof, then and there chuse one Person, qualified as aforesaid, in every County, being one third of the number to serve in Provincial Council for three Years, it being intended that one third of the whole Provincial Council consisting, and to consist of eighteen Persons falling off yearly, it shall be yearly supplyed by such new yearly Elections, as aforesaid, and that one Person shall not continue longer than three Years; and in case any Member shall decease before the last Election, during his time, that then at the next Election ensuing his decease, another shall be chosen to supply his place for the remaining time he was to have served, and no longer.
That after the first seven Years, every one of the said third parts that goeth yearly off, shall be incapable of being chosen again for one whole Year following, that so all that are capable and qualified, as aforesaid, may be fitted for Government, and have a share of the care and burthen of it.
That the Provincial Council in all cases and matters of moment, as their arguing upon Bills to be past into Laws, or proceedings about erecting of Courts of Justice, sitting in Judgment upon Criminals impeached, and choice of Officers in such manner as is herein after expressed, not less than two thirds of the whole, shall make a Quorum, and that the consent and approbation of two thirds of that Quorum shall be had in all such Cases or Matters of Moment.
And that in all cases and matters of lesser moment, one third of the whole shall make a Quorum, the Majority of which shall and may always determine in such Cases and Causes of lesser moment. That the Governour and Provincial Council shall have the Power of preparing and proposing to the Assembly hereafter mentioned, all Bills which they shall see needful, and that shall at any time be past into Laws within the said Province and Territories thereof, which Bills shall be published, and affixed to the most noted place in every County of this Province and Territories thereof twenty days before the meeting of the Assembly, in order to passing them into Laws.
That the Governour and Provincial Council shall take care that all Laws, Statutes and Ordinances which shall at any time be made within the said Province and Territories, be duly and diligently executed. That the Governour and Provincial Council shall at all times have the care of the Peace and Safety of this Province, and Territories thereof; and that nothing be by any Person attempted to the Subversion of this frame of Government. That the Governour and Provincial Council shall at all times settle and order the Scituation of all Cities and Market-Towns in every County, modelling therein all publick Buildings, Streets, and Market-places, and shall appoint all necessary Roads and High-ways in this Province and Territories thereof.
That the Governour and Provincial Council shall at all times have power to inspect the management of the publick Treasury, and punish those who shall convert any part thereof to any other use, than what hath been agreed upon by the Governour, Provincial Council and Assembly. That the Governour and Provincial Council shall erect and order all publick Schools, and encourage and reward the Authors of useful Sciences, and laudable Inventions in the said Province and Territories thereof.
That the Governour or his Deputy shall always preside in the Provincial Council, and that he shall at no time therein perform any publick Act of State whatsoever, that shall or may relate unto the Justice, Trade, Treasury or Safety of the Province, and Territories as aforesaid, but by and with the Advice and Consent of the Provincial Council thereof. That the Laws so prepared and proposed, as aforesaid, that are assented to by the Assembly, shall be enrolled as Laws of this Province and Territories thereof, with this Stile, By the Governour, with the Assent and Approbation of the Free-men in Provincial Council and Assembly met.
And that the Representatives of the People in Provincial Council and Assembly, may in after Ages bear some proportion with the increase and multiplying of the People, the Numbers of such Representatives of the People may be from time to time increased and enlarged, so as at no time the number exceed seventy two for the Provincial Council, and two hundred for the Assembly; the appointment and proportion of which Number, as also the laying and methodizing of the choice of such Representatives in future time, most equally to the division of the Country, or number of the Inhabitants, is left to the Governour and Provincial Council to propose, and the Assembly to resolve, so that the order of rotation be strictly observed, both in the choice of the Council, and the respective Committees thereof, viz.
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That the Assembly shall continue so long as may be needful to impeach Criminals fit to be there impeached, to pass such bills into Laws as are proposed to them, which they shall think fit to pass into Laws, and till such time as the Governor and Provincial Council shall declare, That they have nothing further to propose unto them for their Assent and Approbation; and that declaration shall be a Dismiss to the Assembly for that time, which Assembly shall be notwithstanding capable of assembling together upon the summons of the Governour and Provincial Council at any time during that year, if the Governor and Provincial Council shall see occasion for their so assembling.
That as often as any days of the Month mentioned in any Article of this Charter shall fall upon the First day of the Week, commonly called the Lords day, the business appointed for that day shall be deferred till the next day, unless in cases of Emergency. And that the Inhabitants of this Province and Territories thereof may be accommodated with such Food and Sustenance as God in his Providence hath freely afforded, I do also further grant to the Inhabitants of this Province and Territories thereof, liberty to fowl and hunt upon the Lands they hold, or all other Lands therein, not enclosed, and to fish in all Waters in the said Lands, and in all Rivers and Rivulets in and belonging to this Province and Territories thereof, with liberty to draw his or their Fish to shore on any mans Lands, so as it be not to the detriment or annoyance of the Owner thereof, except such Lands as do lie upon Inland Rivulets that are not boatable, or which are or may be hereafter erected into Mannors.
And that all the Inhabitants of this Province and Territories thereof, whether Purchasors or others, may have the last worldly Pledge of my good and kind Intentions to them and theirs, I do give, grant and confirm to all and every one of them full and quiet Enjoyment of their respective Lands to which they have any lawful or equitable Claim, saving only such Rents and Services for the same as are or customarily ought to be reserved to Me, my Heirs and Assigns.
That no Act, Law or Ordinance whatsoever shall at any time hereafter be made or done by the Proprietary and Governour of this Province and Territories thereunto belonging, his Heirs, and Assigns, or by the Free-men Edition: current; Page: [ 44 ] in Provincial Council or Assembly, to alter, change or diminish the form or effect of this Charter, or any part or clause thereof, contrary to the true intent and meaning thereof, without the consent of the Proprietary and Governour, his Heirs or Assigns, and Six parts of Seven of the said Free-men in Provincial Council and Assembly met.
This within Charter which we have distinctly heard read, and thankfully received, shall be by us inviolably kept at Philadelphia, the 2d of the 2d Moneth, William Markham, Will. Taylor, Will. Clark, Phil. Lehmane, Sec. Songhurst, Valentine Hollinsworth, Tho. Dark, Cornelius Verhoof.
Some of the Inhabitants of Philadelphia then present,. Responding to a series of pamphlets defending the Boston revolt, Palmer offers an alternate account of the nature of royal authority in English America.
In the course of the pamphlet, Palmer also denies the factual basis of many of the complaints against the Dominion. Two Moneths have already past away, since with Astonishment I have beheld the most deplorable Condition of our Countrey; Into what a Chaos of Confusion and Distraction have we run our selves? And in what a Labrinth of Miseries and Perplexityes are we involved?
That above ten years since, there was an horrid Popish Plot in the Kingdome of England in which the Extirpation of the Protestant Religion was designed. That the better to effect it, our Charter the onely hedge which kept us from the Wild Beasts of the field was both injuriously and illegally Condemned, before it was possible for us to appear at Westminster in the legall Defence of it, and without a faire Leave to Answer for our selves.
That by an illegall Commission we were put under a President and Councill, which was soon superseded by another more Arbitrary and Absolute to Sr. Edmond Andros, giving him Power, by the Advice of his Councill, to make Lawes and levy Taxes as he pleased, to muster and imploy all persons resident in the Territory, as Occasion should require, and them to transfer to any English plantation.
That severall Red-Coats were brought over, to support what should be imposed upon us, and more threatned. That Preferments were principally loaden on Strangers and Haters of the people. That it was impossible to know the Lawes that were made, and yet dangerous to break them.
That by some in open Councill, and by the same in private Converse, it was affirmed, that the People in New-England were all Slaves, and the onely Difference between them and Slaves, was their not being bought and sould; and that it was a Maxim delivered in Open Court, by one of the Councill, That we must not think the Priviledge of English men would follow us to the End of the World. That we were denied the priviledge of Magna Charta, and that Persons who did but peaceably object against raising Taxes without an Assembly, were for it severely fined.
That some People have been kept long in Prison, without any Information against them, or being Charged with any Misdemeanour or Habeas Corpus 1 allowed. That Jury-men were fined and imprisoned, for Refusing to lay their hand on the Booke, as they came to be Sworn, contrary to the Common Law of New-England. That there was a Discovery made of Flaws in the Titles of our Lands: and that the Governour denied that there was any such thing as a Towne among us.
That more than a few were by Terrours drawne to take Patents at excessive Rates.
That the Forceing of the people at the East-ward thereto, gave a Rise to the late unhappy Invasion by the Indians. That the Governour and five or six of the Councill, did what they would, and that all such who were Lovers of their Countrey were seldome admitted. That all manner of Craft and Rage was used to hinder Mr. That allthough the King promised Mr. Mather a Magna Charta for Redresse of Grievances, and that the Governour should be writ unto, to forbeare those Measures that he was upon; yet we were still injured in those very things which were Complained of.
That we were imbriared in an Indian-Warre, and that the Officers and Souldiers in the Army were under popish Commanders. That Boston and all the Inhabitants were to be destroyed, and to that end the Mahawks were to be brought down. That there were severall Fire-workes prepared in the Fort, and Vaults dugg under ground to blow up the Towne. That there were Thirty sail of French Frigots upon the Coast.
These are the principall Reasons alledged for our takeing up Arms: now the End can be no other than the Redresse of those evills complained of. The next thing then to be considered of is, Whether all or any of the Reasons aforesaid, are sufficient to justifie our Proceedings, and Whether the proposed End can be attained by such Measures.
First then, That there was an horrid popish Plott, is without doubt, and if England at that time had fallen under the Yoak of Roman Tyranny and Thraldome, tis as certainly true New-England must have undergone the same Fate: but that this should be used or introduced as a Reason or Argument for Vacating our Charter is beyond my conception; for Fire and Sword were the designed instruments and ministers of their barbarous and hellish Contrivance: and if they had once prevailed, how weak a Rampart would our Charter have been against so cruell and powerfull an Enemy?
Would a blood-thirsty and conquering Papist have made Westminster-Hall the Arbiter? Certainly, No; we must have received our Law from the mouth of the Cannon, and our Hedge would have been broke downe with a great deal of ease. Is it reasonable to imagine, that after they had waded through the blood of King and Nobles to their wished-for End in Old England, they would make use of Politicks in New—?
And as preposterous and unreasonable to fancy, That for that end our Charter was called in question, especially when we consider that more than four Decads of years have allready past since the Crowne of England first thought it not fit for us to hold any Edition: current; Page: [ 52 ] longer, and severall years after the popish Plot was discovered before the Scire facias 2 issued out.
That the Charter was injuriously and illegally Condemned, without giveing us timely notice of it, or allowing us to Answer for our selves, might bear some weight with it, if true: but it will appeare quite other wise, and that we had opportunity enough to have made defence on behalfe of our Charter, if we had so thought fit, for severall years before the proceedings to the Condemnation thereof.
Lionell Jenkins, then Secretary of State, dated the And in that Terme for Default of pleading, Judgement was enterd on His Majesties Behalfe, and the said Charter adjudged to be void, Null, and Cancelled, and that the Liberties and Priviledges of the said Governour and Company be Seized into the Kings hands, which was accordingly done, by the Exemplification of the said Judgement in the Reigne of King James the Second, and by His Majesties Commission to a President and Councill to take the Government of this Countrey: All which proceedings are most just and Legall, according to the Rules and practice of the Law of England, and agreeable with many Precedents of the like nature, both Ancient and Moderne.
That there was a Commission sent to the President, and the successive one to Sr. For the proofe of which I shall instance Wales, which was once a Kingdome or Territory governed by its owne Lawes, but when it became of the Dominion of the Crowne of England, either by Submission or Conquest, it became subject also to such Lawes as King Edward the first to whome they submitted thought fit to impose: as may plainly appeare in the Preamble of the Statute of Rutland. Leges et Consuetudines, partium illarum hactenus usitatas, coram nobis et proceribus Regni Nostri fecimus recitari, quibus diligenter auditis, et plenius Edition: current; Page: [ 55 ] intellectis, quasdam illarum de Consilio Procerum predictorum delevimus, quasdam permissimus, et quasdam correximus, et etiam quasdam alias adjiciendas et faciendas decrevimus, et eas de caetero in terris Nostris in partibus illis perpetua Firmitate, teneri et observari volumus, in forma subscripta.
In English thus,. Then follow the Ordinances appointing Writts originall and judiciall in many things varying from those of England, and a particular manner of proceeding. That by Virtue of the Conquest it became of the Dominion of the Crowne of England, and subject to such Lawes as the Conquerour thought fit to impose, untill afterwards by the Charters and Commands of H.
I shall onely instance two. The first is out of the close Rolls of H. Wherein the King, after Thanks given to G. And command them on Our behalfe, that for the future they firmly keep and observe those Laws and Customs conteined in the Charter aforesaid. I have onely one Instance more, and that is the Usage of forreigne Nations in theire Plantations and Settlements abroad.
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By which it is evident that Those Kingdoms and Principalities which are of the Dominion of the Crowne of England, are subject to such Laws, Ordinances, and Methods of Government, as that Crowne shall think fit to establish. John Vaughan, in his Reports [ Vaugh. Craw versus Ramsey.
Edward Cooke is thus explained: These Words saith he are not inserted to make a legall Tenure of the King, but to intimate that all Liberties at first were derived from the Crowne. But these Assemblies have not power to enforce any Act by them made above one year; the King haveing in all the Confessions granted them, reserved unto Himselfe, the Annulling or Continuance of what Laws they make, according to His pleasure.
New-England had a Charter, but no one will be so stupid to imagine that the King was bound to grant it us: Neither can we without impeaching the prudent Conduct and discretion of our Fore-Fathers, so much as think, they would put themselves to so vast an expence, and unnecessary Trouble to Obtain that which as Englishmen, they thought themselves to have a sufficient right to before: We owe it onely to the Grace and Favour of our Soveraigne, and if we had made beter use of it to promote the Ends for which it was granted the weight of those Afflictions under which we now groan would not have laine so heavy upon us, at least we should have less deserved them.
Besides, The Parliament of England have never by any Act of theirs favoured the Plantations, or declared or enlarged their Priviledges; but have all along plainly demonstrated that they were much differenced from England, and not to have those Priviledges and Liberties which England enjoyed; being in all Acts relateing to the Plantations, Restrained and burthened beyond any in England, as appears by the several Acts made for the Encreasing of Navigation and for Regulating and securing the Plantation Trade.
Therefore Neither the Commission to the President, nor that to Sr.
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Edmond Andros can be said to be illegall. Or did we ever pay fewer Rates than we have done under him? For the very considerable Advance of His Majesties Revenue ariseing by Customs, doth sufficiently demonstrate that the lawfull Trade of this Territory, was very much encreased under the Government of Sr.