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be by any person attempted to the subversion of this frame of government.
X. That the governor and provincial council shall, at all times, settle and order the situation of all cities, ports and market towns in every county, modelling therein all public buildings, streets and market places, and shall appoint all necessary roads, and highways in the province.
XI. That the governor and provincial council shall, at all times, have power to inspect the management of the public treasury, and pun. ish those who shall convert any part thereof to any other use, than what hath been agreed upon by the governor, provincial council and general assembly.
XII. lhat the governor and provincial.council, shall erect and erder all public schools, and encourage and reward the authors of useful sciences and laudable inventions in the said province.
XIII. That, for the better management of the powers and trust aforesaid, the provincial council shall, from time to time, divide itself into four distinct and proper committees, for the more easy adminis. tration of the affairs of the province, which divides the seventy-two into four eighteens, every one of which eighteen shall consist of six out of each of the three orders, or yearly elections, each of which shall have a distinct portion of business, as followeth: First, a committee of plan. tations, to situate and settle cities, ports and inarket towns, and highways, and to hear and decide all suits and controversies relating to plantations. Secondly, A committee of justice and safety, to secure the peace of the province, and punish the mal-administration of those who subvert justice, to the prejudice of the public, or private interest. Thirdly, A committee of trade and treasury, who shall regulate all trade and commerce, according to law, encourage manufacture and country growth, and defray the public charge of the province. And, Fourthly, A committee of manners, education and arts, that all wicked and scandalous living may be prevented, and that youth may be successively trained up in virtue and useful knowledge and arts: the quorum of each of which committees being six, that is, two out of each of the three orders, or yearly elections, as aforesaid, make a constant and standing council of twenty-four, which will have the power of the provincial council, being the quorum of it, in all cases not excepted in the fifth article; and in the said committees, and standing council of the province, the governor, or his deputy, shall or may preside, as aforesaid; and in the absence of the governor, or his deputy, if no one is by eithec of them appointed, the said committees or council shall appoint a president for that time, and not otherwise; and what shall be resolved at such committees, shall be reported to the said council of the province, and shall be by them resolved and confirmed before the same shall be put in execution; and that these respective committees shall not sit at one and the same time, except in cases of necessity.*
By the charter of 1683, the following appears to be substituted for this article, viz. One third part of the provincial council residing with the governor, from time to time shall, with the governor, have the care of the management of public affairs relating to the peace, justice, treasury and improvement of the province and territories, and to the good education of youth and sobriety of the manners of the inhabitants.
XIV. And, to the end that all laws prepared by the governor and provincial council aforesaid, 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 provin. cial council, as aforesaid, the said freemen shall yearly choose members to serve in a general assembly, as their representatives, not ex. ceeding two hundred persons, who shall yearly meet, on the twentieth day of the second month, which shall be in the year one thousand six hundred eighty and three following, in the capital town, or city, of the said proviuce, where, during eight days, the several members may freely confer with one another; and if any of them see meet, with a comunittee of the provincial council (consisting of three out of each of the four committees aforesaid, being twelve in all) which shall be, at that time, purposely appointed to receive from any of them proposals, for the alterations or amendment of any of the said proposed and promulgated bills: and on the ninth day from their so meeting, the said general assembly, after reading over the proposed bills by the clerk of the provincial council, and the occasions and motives for them being opened by the governor or his deputy, shall give their affirmative or negative, which to them seemeth best, in such manner as hercin after is expressed. But not less than two-thirds shall make a quorum in the passing of laws, and choice of such officers as are by them to be chosen.*
XV. That the laws so prepared and proposed, as aforesaid, that are assented to by the general assembly, shall be enrolled as laws of the province, with this stile: By the governor, with the assent and approbation of the freemen in provincial council and general assembly.
XVI. That for the establishment of the government and laws of this province, and to the end there may be an universal satisfaction in the saying of the fundamentals thereof; the general assembly shall, or may for the first year, consist of all the freemen of and in the said province; and ever after it shall be yearly chosen, as aforesaid; which number of two hundred shall be enlarged as the country shall increase in people, so as it do not exceed five hundred, at any time; the appointment and proportioning of which, as also the laying and methodizing of the choice of the provincial council and general assembly, in future times, most equally to the divisions of the hundreds and counties, which the country shall hereafter be divided into, shall be in the power of the provincial council to propose, and the general assenbly to resolve.t
By the charter of 1683, that part of this article which relates to the election of representatives, reads thus: The freemen of each county are to choose annually at the time and place of choosing councillors; six persons of most note for virtue, wisdom and ability to serve in assembly, as their representatives, who shall yearly meet on the 10th day of the third month, (May,) in the capital town or city of the said province, unless the governor and provincial council shall think fit to appoint another place to meet in, where during eight days, &c.
By Governor Markham's charter of 1696, the general assembly is to consist of four Persons out of each county.
By the charter of 1683, the following is substituted for the 16th article, viz: 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 number 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 counci), and two hundred for the assembly; the appointment and propor
XVII. That the governor and the provincial council shall erect, from time to time, standing courts of justice, in such places and number as they shall judge convenient for the good government of the said province. And that the provincial council shall, on the thirteenth day of the first month, yearly, elect and present to the Governor, or his deputy, a double number of persons to serve for judges, treasurers, masters of rolls, within the said province, for the year next ensuing; and the freemen of the said province, in the county courts, when they shall be erected, and till then, in the general assembly, shall, on the three and twentieth day of the second month, yearly, elect and present to the governor, or his deputy, a double number of persons, to serve for sheriffs, justices of the peace, and coroners, for the year next ensuing; out of which respective elections and presentinents, the governor or his deputy shall nominate and commissionate the proper number for each office, the third day after the said presentments, or else the first nama ed in such presentment, for each office, shall stand and serve for that office the year ensuing.*
XVIII. But forasmuch as the present condition of the province re. quires some immediate settlement, and admits not of so quick a revo-s lution of officers; and to the end the said province may, with all con venient speed, be well ordered and settled, I William Penn, do therefore think fit to nominate and appoint such persons for judges, treasurers, masters of the rolls, sheriffs, justices of the peace, and coroners, as are most fitly qualified for those employments; to whom I shall make and grant commissions for the said ofices, respectively, to hold to them, to whom the same shall be granted, for so long time as every such person shall well behave himself in the office, or place to him respectively granted, and no longer. And upon the decease or displacing of any of the said officers, the succeeding officer or officers shall be chosen as aforesaid.t
XIX. That the general assembly shall continue so long as may be needful to impeach criminals, fit to be there impeached, to pass bills into laws, that 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 general assembly for that time; which general assembly shall be, notwithstanding, capable of assembling together upon the summons of the provine cial council, at any time during that year, if the said provincial council shall see occasion for their so assembling. I
XX. That all the elections of members, or representatives of the people, to serve in provincial council and general assembly, and all
tion 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 governor and provincial council to propose, and the assembly to resolve, so that the order of proportion be strictly observed, both in the choice of the council and the respective committees thereot, viz, onex third to go off and come in yearly.
* By the charter of 1683, the judges, treasurers and masters of rolls, instead of holding their respective offices for one year, are to hold them so long as they shall well behave themselves in those capacities.
+ This article is omitted in the charter of 1683. * In the latter clause of this article, instead of the provincial council, the charter 1683 requires the summons of the governor and provincial council,
questions to be determined by both, or either of them, that relate to passing of bills into laws, to the choice of officers, to impeachments by the general assembly, and judgment of criminals upon such impeachments by the provincial council, and to all other cases by them respectively judged of importance, shall be resolved and determined by the ballot; and unless on sudden and indispensible occasions, no business in provincial council, or its respective committees, shall be finally determined the same day that it is moved.*
XXI. That, at all times, when, and so often as it shall happen that the governor shall, or may, be an infant, under the age of one and twenty years, and no guardians, or commissioners, are appointed, in writing, by the father of the said infant, or that such guardians or commissioners, shall be deceased; that during such minority, the provincial council shall, from time to time, as they shall see meet, constitute and appoint guardians, or commissioners, not exceeding three; one of which three shall preside as deputy, and chief guardian, during such minority, and shall have and execute, with the consent of the other two, all the power of a governor, in all the public affairs and concerns of the said province.
XXII. That, as often as any day of the month, mentioned in ticle of this charter, shall fall upon the first day of the week, common. ly called the Lord's Day, the business appointed for that day, shall be delerred till the next day, unless in case of emergency:
XXIII. That no act, law, or ordinance whatsoever, shall at any time hereafter, be made or done by the governor of this province, his heirs or assigns, or by the freemen in the provincial council, or the general assembly, to alter, change, or diminish the form or effect, of this charter, or any part, or clause thereof, or contrary to the true intent and meaning thereof, without the consent of the governor, his heirs, or assigns, and six parts of seven of the said freemen in provincial coun. cil and general assembly.
XXIV. And lastly, that I, the said William Penn, for myself, my heirs and assigns, have solemnly declared, granted and confirmed, and do hereby solemnly declare, grant and confirm, that neither I, my heirs nor assigns, shall procure or do any thing or things, whereby the liberties, in this charter contained and expressed, shall be infringed or broken; and if any thing be procured by any person or persons contrary to these premises, it shall be held of no force or effect. In witness whereof, I, the said William Penn, have unto this present charter of liberties set my hand and broad seal, this five and twentieth day of the second month, valgarly called April, in the year of our Lord one thousand six hundred and eighty two.
The charter of 1683 contains the following new provisions. And for the satisfaction and encouragement of all aliens, I do give and grant, thať if any alien who is or shall be a purchaser, or who doth or shall inhabit in this province or territories thereof, shall decease at any time before he can well be natu.
By the charter of 1683, the words “And unless on sudden and indisponsible occasions, no business in provincial council, or its respective committees, shall be finally determined the same day that it is moved,” are omitted, and the following words inserted, “And all things relating to the preparing and passing of bills into laws shall be openly declared and resolved by the vote.
ralized, his right and interest therein shall notwithstanding descend to his wife and children, or other his relations, be he testate or intestate, according to the laws of this province and territories thereof, in such cases provided in as free and ample a manner, to all intents and purposes, as if the said alien had been naturalized.
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, and 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 on shore, on any man's 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 manors.
And that all the inhabitants of this province and territories thereof, whether pur. chasers 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 possession of their respective lands, to which they have any lawful or equitable claim, saving only such i'ents and services for the same as are or customarily ought to be reserved to me, my heirs or assigns.
The following provisions are contained in Governor Markham's charter of 1696.
No person shall be an elector, or be capable of being elected, unless they be free denizens, are of the age of 21 years, and have 50 acres of land, ten whereof being seated or cleared; or be otherwise worth fifty pounds clear estate, and have been resident within this government two years next before such election.
All persons, who, for conscience sake, cannot take an oath, are permitted to make their solemn affirmation, attestor declaration.
All elections of representatives shall be free and voluntary. The electors who receive any reward or gift for giving a vote, shall forfeit their right to elect for that year ; and such persons as shall give or promise any such reward to be elected, or that shall offer to serve for nothing, or for less wages than the law prescribes, shall be rendered incapable to serve in Council or Assembly for that year. And the representatives so chosen in Council or Assembly shall yield their attendance accordingly, and be the sole judges of the regularity or irregularity of the elections of their respective members : And in case of the death, absence or inability of any of the members so elected, the Governor, within ten days after knowledge of the same, shall issue his writ to the sheriff of the proper county, for holding an election to fill the vacancy.
The daily pay of Councillors and speaker of Assembly is fixed at five shillings, and of members of Assembly at four shillings, during their attendance, and two pence for each mile going to and returning from the place where the Assembly shall be held, which sums shall be paid out of the county levies, by the county receivers respectively.
All elections of representatives for Council and Assembly, and all questions to be determined by them, shall be by the major part of votes.
1. That the charter of liberties declared, granted and confirmed, the five-and-twentieth day of the second month, called April, 1682, before divers witnesses, by William Penn, Governor and chief proprietor of Pennsylvania, to all the freemen and planters of the said province, is hereby declared and approved, and shall be forever held for fundamental in the government thereof, according to the limitations mentioned in the said charter.
2. That every inhabitant in the said province, that is or shall be a purchaser of one hundred acres of land or upwards, his heirs and 28