XX.

T H A T no Person leave the Province, without Publication being made

thereof, in the Market-Place, _three_ Weeks before, and a Certificate

from some Justice of the Peace, of his Clearness with his Neighbours,

and those he hath dealt withal, so far as such an Assurance can be

attained and given: And if any Master of a Ship shall, contrary

hereunto, receive and carry away any Person, that hath not given that

publick Notice, the said Master shall be liable to all Debts owing by

the said Person, so secretly transported from the Province. _Lastly_,

that these are to be added to, or corrected, by and with the Consent of

the Parties hereunto subscribed.

William Penn;

_Sealed and delivered in the Presence of_

William Boelham,

Harbert Springet,

Thomas Prudyard.

_Sealed and delivered in the Presence of all the Proprietors who

have hereunto subscribed, except_ Thomas Farrinborrough _and_

John Goodson, _in the Presence of_

Hugh Chamberlen,

R. Murray,

Harbert Springet,

Humphry South,

Thomas Barker,

Samuel Jobson,

John-Joseph Moore,

William Powel,

Richard Davie,

Griffith Jones,

Hugh Lambe,

Thomas Farrinborrough,

John Goodson.

* * * * *

_An_ A C T _of_ Settlement, _made at_ Chester, 1682.

W H E R E A S William Penn, Proprietary and Governor of the Province of

_Pensylvania_, and Territories thereunto belonging, hath, out of his

great Kindness and Goodness to the Inhabitants thereof, been favourably

pleased to give and grant unto them a Charter of Liberties and

Privileges, dated the _twenty-fifth_ Day of the _second_ Month, _One

Thousand Six Hundred and Eighty-two_: By which Charter it is said, the

Government shall consist of the Governor and Freemen of the said

Province, in the Form of a provincial Council and general Assembly; and

that the provincial Council shall consist of _seventy-two_ Members, to

be chosen by the Freemen; and that the general Assembly may, the _first_

Year, consist of the whole Body of the Freeholders, and ever after of an

elected Number, not exceeding _two hundred_ Persons, without the Consent

of the provincial Council and general Assembly: And such Assembly to sit

yearly on the _twentieth_ Day of the _third_ Month, as in the _first,

second, third, sixth, fourteenth_ and _sixteenth_ Articles of the

Charter, Reference being thereunto had, doth more at large appear.

A N D F O R A S M U C H as this Charter was the _first_ of those

probationary Laws, that were agreed to and made by and between the

Proprietary, and Governor, and Freemen in _England_, that were

Purchasers in this Province, which said Laws, in the whole and in every

Part thereof, were to be submitted to the Explanation and Confirmation

of the _first_ provincial Council and general Assembly that was to be

held in this Province, as by the Title and _first_ Law of the said

Agreement, doth plainly appear.

A N D W H E R E A S, the Proprietary and Governor hath, according to

that Charter, issued out Writs to the respective Sheriffs of the _six_

Counties of this Province, to summon the Freemen thereof, to chuse in

each County _twelve_ Persons of most Note for their Sobriety, Wisdom,

and Integrity, to serve in provincial Council; and also to inform the

Freemen that they might come, for this Time, in their own Persons, to

make up a general Assembly, according to Charter. And that the said

respective Sheriffs by their Returns, and the Freemen by their Petitions

to the Proprietary and Governor, have plainly declared, that the Fewness

of the People, their Inability in Estate, and Unskilfulness in Matters

of Government, will not permit them to serve in so large a Council and

Assembly, as by the Charter is expressed; and therefore do desire, that

the Members now chosen to be their Deputies and Representatives, may

serve both for provincial Council and general Assembly; that is to say,

_three_ out of each County for the provincial Council, and the remaining

_nine_ for the general Assembly, according to Act, as fully and amply as

if the said provincial Council and general Assembly had consisted of the

said Numbers of Members mentioned in the Charter of Liberties, upon

Consideration of the Premises; and that the Proprietary and Governor may

testify his great Willingness to comply with that which may be most easy

and pleasing, he is willing that it be enacted.

A N D B E I T E N A C T E D by the Proprietary and Governor, by and

with the unanimous Advice and Consent of the Freemen of this Province,

and Territories thereunto belonging, in provincial Council and general

Assembly met, That the Numbers desired by the Inhabitants in their

several Petitions, and express'd to be their Desires by the Sheriffs

Returns to the Proprietary and Governor, to serve as the provincial

Council and general Assembly, be allowed and taken, to all Intents and

Purposes, to be the provincial Council and general Assembly of this

Province: And that the _Quorum_ shall be proportionably settled,

according to the Method express'd in the _fifth_ Article; that is to

say, _two thirds_ to make a _Quorum_ in extraordinary Cases, and _one

third_ in ordinary Cases, as is provided in the said _fifth_ Article:

Which said provincial Council and general Assembly, so already chosen,

are and shall be held and reputed the legal provincial Council and

general Assembly of the Province and Territories thereof, for this

present Year; and that from and after the Expiration of this present

Year, the provincial Council shall consist of _three_ Persons out of

each County, as aforesaid; and the Assembly shall consist of _six_

Persons out of each County, which said provincial Council and general

Assembly may be hereafter enlarged, as the Governor, and provincial

Council and Assembly shall see Cause, so as the said Number do not, at

any time, exceed the Limitations express'd in the _third_ and

_sixteenth_ Article of the Charter, any Thing in this Act, or any other

Act, Charter or Law, to the contrary in any wise notwithstanding.

A N D because the Freemen of this Province and Territories thereof, are

deeply sensible of the kind and good Intentions of the Proprietary and

Governor in this Charter, and of the singular Benefit that redounds to

them thereby, and are desirous that it may in all Things best answer the

Design of the publick Good, the Freemen of the said provincial Council

and general Assembly met, having unanimously requested some Variations,

Explanations and Additions, in and to the said Charter, he the

Proprietary and Governor, hath therefore yielded that it be enacted:

A N D it is hereby E N A C T E D, That the Time for the Meeting of the

Freemen of this Province and Territories thereof, to chuse their

Deputies to represent and serve them, in provincial Council and general

Assembly, shall be yearly hereafter, on the _tenth_ Day of the _first_

Month, which Members so chosen for the provincial Council, shall make

their Appearance, and give their Attendance, in provincial Council,

within _twenty_ Days after their Election; and the said Members elected

to serve in general Assembly, shall yearly meet and assemble, on the

_tenth_ Day of the said _third_ Month, to the End and Purposes declared

in the Charter, at and in such Place as is limited in the said Charter,

unless the Governor and provincial Council shall, at any time, see Cause

to the contrary.

A N D W H E R E A S it is express'd in the said Charter, That the

Governor and provincial Council shall prepare and propose to the general

Assembly, all Bills which they shall think fit to pass into Laws, within

the said Province: B E I T E N A C T E D by the Authority aforesaid,

That the Governor and provincial Council, shall have the Power of

preparing and proposing to the general Assembly, all Bills that they

shall jointly assent to and think fit to have pass'd into Laws, in the

said Province and Territories thereof, that are not inconsistent with,

but according to the Powers granted by the King's Letters Patents to the

Proprietary and Governor aforesaid; which Bills shall be published in

the most noted Towns and Places in the said Province and Territories

thereof, _twenty_ Days before the Meeting of the general Assembly

aforesaid.

A N D for the better Decision and Determination of all Matters and

Questions upon Elections of Representatives, and Debates in provincial

Council and general Assembly, It is hereby declared and E N A C T E D, &c.

That all Questions upon Elections of Representatives, and Debates in

provincial Council and general Assembly, in personal Matters, shall be

decided by the Ballot; and all Questions about preparing and enacting

Laws, shall be determined by the Vote.

A N D that so united an Interest may have an united Term and Stile to be

express'd by, It is hereby declared and E N A C T E D, That the general

Assembly shall be henceforth termed or called the Assembly; and the

Meeting of the Governor, provincial Council, and Assembly, and their

Acts and Proceedings, shall be stiled and called the Meetings, Sessions,

Acts _or_ Proceedings _of the_ General Assembly _of the Province of_

Pensilvania, _and the Territories thereunto belonging_. And that the

Freemen of this Province, and the Territories thereof, may not on their

Part, seem unmindful or ungrateful to their Proprietary and Governor,

for the Testimony he hath been pleased to give, of his great Good-Will

towards them and theirs, nor be wanting of that Duty they owe to him and

themselves, they have prayed Leave hereby to declare their most hearty

Acceptance of the said Charter, and their humble Acknowledgments for the

same, solemnly promising, that they will inviolably observe and keep the

same, except as is therein excepted, and will neither directly nor

indirectly contrive, propose, enact, or do any Thing or Things

whatsoever, by Virtue of the Power thereby granted unto them, that shall

or may redound to the Prejudice or Disadvantage of the Proprietary and

Governor, his Heirs and Successors, in their just Rights, Properties and

Privileges, granted to him and them by the King's Letters Patents, and

Deeds of Release and Feoffment made to him by _J A M E S Duke of_ York

_and_ Albany, &c. and whom they desire may be hereby acknowledged and

recognized the true and rightful Proprietaries and Governors of the

Province of _Pensylvania_, and Territories annexed, according to the

King's Letters Patents, and Deeds of Release and Feoffment from _James_,

Duke of _York_ and _Albany_, unto the said Proprietary and Governor, his

Heirs and Successors; any Thing in this Act, or any other Act, Grant,

Charter, or Law, to the contrary of these Things herein and hereby

explained, altered, limited, promised, declared, and enacted, in any

wise notwithstanding.

* * * * *

_The F R A M E of the Government of the Province of_ Pensylvania,

_and Territories thereunto annexed in_ America.

T O A L L P E R S O N S, To whom these Presents may come.

W H E R E A S King _C H A R L E S the Second_, by his Letters Patents,

under the great Seal of _England_, bearing Date the _fourth_ Day of

_March_, in the _thirty and 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_, Esq;

Son and Heir of Sir _William Penn_ deceased) and to my Heirs and Assigns

for ever, all that Tract of Land, or Province called _Pensylvania_, in

_America_, with divers great Powers, Preheminences, Royalties,

Jurisdictions, and Authorities, necessary for the Well-being and

Government thereof. A N D W H E R E A S the King's dearest Brother,

_James_ Duke of _York_ and _Albany_, &c. by his Deeds of Feoffment,

under his Hand and Seal, duly perfected, bearing Date the _four and

twentieth_ Day of _August, One Thousand Six Hundred Eighty and Two_, did

grant unto me, my Heirs and Assigns, all that Tract of Land, lying and

being from _twelve_ Miles Northward of _Newcastle_ upon _Delaware_

River, in _America_, to _Cape Hinlopen_, upon the said River and Bay of

_Delaware_ Southward, together with all Royalties, Franchises, Duties,

Jurisdictions, Liberties and Privileges thereunto belonging.

N O W K N O W Y E, That for the Well-being and good Government of the

said Province and Territories thereunto annexed, and for the

Encouragement of all the Freemen and Planters, that may be therein

concerned, in Pursuance of the Rights 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 Freemen, Planters and Adventurers of, in and to the said

Province and Territories thereof, these Liberties, Franchises and

Properties, so far as in me lieth, to be held, enjoyed and kept by the

Freemen, Planters and Adventurers of and in the said Province of

_Pensylvania_ and Territories thereunto annexed, for ever.