| [Dec. 9.] |
781. Memorial of William Penn, Proprietary and Governour
of Pensilvania and several of his Friends in behalf of the people
of that Province, to the Council of Trade and Plantations.
Submit for their favourable report to the King laws past in 1713
and 1715, with reasons for passing them, notably: (i.) The Act for
impowring religious Societies to buy, hold and enjoy lands and
tenements (1715). The true reason of this Act was to encourage
in an infant Colony where there was no endowments, the building
of hospitals, churches, and other places, for religious worship,
and Charity schools, for educating of youth etc., without any other
view, that wee can understand, but that, if any lands, or tenements
etc. are, or shall be given to such pious uses, they shall in such
case be applied to that use etc. (ii.) An affirmation Act (1715)
for such who for conscience sake cannot take an oath, being the
same with that used in Great Brittain. True it is, an Act of the
same nature, with this, may before, have been transmitted, to
the Lords of Trade, which, had not, the Royal approbation.
And that, thereupon, an intire failure of Justice ensued, in
Pensilvania, for want of Magistrates, that would administer, and
officers, juries etc. who could, in conscience, take an oath, so
greatly, doth the number of the people called Quakers, exceed
that, of all other perswasions, in that Province. Wherefore
the Assembly found themselves, indispensably bound, in duty
to the King, for the reviving, a due administration of Justice, in
that Collony, to make this Act, and William Penn and his friends
desire, the Lords of Trade, will be pleased, in their report of the
Laws, to mention these facts, to the King. And that, his
Dissenting subjects, in Pensilvania called Quakers, quitted
England, their native countrey, to be freed from the imposition
of oaths, and other matters, which they, in their conscience,
could not comply with, and transplanted themselves into a
wilde, uncultivated country, inhabited by salvages, where, they
have, by their industry added, a flourishing Collony, to the British
Empire, in that part of the world, to the mighty benefitt of the
Kingdom of England, by the increase of Trade, and Navigation,
in the great number of shipping they employ, and the vast
quantities of manufactures, of that growth, which they consume.
And all this, in hopes to enjoy, that liberty abroad, they were
denyed, by the laws at home. And which was, the intent of
King Charles the Second. For he in his Charter to William Penn,
grants him power, with the consent of the inhabitants, to enact
such laws, as might secure to them, their civil, and religious rights,
and liberties. And these powers, were looked upon, at that time
of day, to be so large and extensive, that for fear, they might be
interpreted, to have vested, the people called Quakers, in whom,
the Government of Pensilvania, by that Charter, was designed
to be lodged, to hinder the exercise of any other, manner of
religious worship, different from their own. Therefore Mr.
Penn was tyed down, by a clause in that Charter, to admitt any
minister, sent over by the Bishop of London, to exercise, his
ministerial function, in that Province, so that, from thence, we
may rationally conclude that, William Penn, and those of his
perswasion, were by that Charter, left at liberty, to enact such
laws, as might best secure them, from those burthens, and tyes,
at that time of day, upon their consciences, by the laws of
England, which they complain'd off. For if, without that clause,
they would have been at liberty, to impose upon others, they
must at the same time, most certainly, have been design'd, to
be left free, themselves. And as it doth not appear, that these
religious, and industrious people, have done anything, to forfeit
the rights, and liberties, they claim, by that Charter, and have
by virtue thereof, been possessed off, so many years. It cannot
therefore, but be esteemed greatly, to tend to their discouragement, who are of unquetionable loyalty to King Geroge, to be
deprived of them, in a reign, they could not but promise themselves
at least, as much happiness, as in any other, and thereby, be left
in a state of anarchy, and confusion, which will be the consequence, of repealing this Affirmation Act. The penalties for
falsly affirming, being made the same in this Act, with those, in
cases of corrupt and wilfull perjury, will, therefore, we believe,
have the same effect. Pray for a favourable report to the King,
for his Royal assent, for thereupon depends the great happiness
of Pensilvania. (iii.) Act for the recovery of fines, and forfeitures,
due to the Governour and Government. This Act was made to
enforce, the duly estreating, levying, and paying, into the provincial Treasury, all fines and forfeitures design'd, and which
ought to be apply'd, towards defraying, the charges of supporting
the Government, so that they might goe, and be applied to those
uses. This is a case, so necessary, to be taken care off, in all
Governments, that, the Assembly, promised themselves success, in
having this bill pass'd. Query in margin: Whether this Act can pass
without prejudice to ye contract made in ye late Queen's time for
Mr. Penn's resigning ye Governmt., whereby 'tis probable that ye
fines and forfeitures were likewise to be resign'd to ye Crown.
(iv.) An Act for assigning of bonds etc. This Act was made, for
facilitating, and increasing of trade and commerce, in a countrey,
from whence, all their money is drained, by their trade, with
Great Brittain, which, we presume, will be a good reason, for
passing the same. (v.) An Act for acknowledging, and recording
of deeds. In this Act the Assembly have endeavored to remove,
such objections, as were made, against a former bill, of this
nature, and experience, having made appear, the great conveniency thereof, and a certainty to purchasers, in their titles,
by this method, of recording all deeds, so we desire it may be
ratified. (vi.) The Act for such as refuse to take the solemn
Affirmacon used in Great Brittain is the same, with the Affirmation Act, before mentioned, saving, the name of God, is not made
use of therein, the reason whereof is, that there are, a considerable
number of scrupulous conscientious people, who dare not make
use of, the sacred name of God, on such occasions. The penalties
in this Act are, made the same, as in the before mentioned
Affirmation Act etc. (vii.) An Act for continuing a friendly
correspondence with the Indians. The whole intent of this Act is,
to prevent the Indians being imposed upon, or abused in trade,
or otherwise, by ill minded persons. Which experience hath
shown, is impossible to prevent, if all manner of persons, without
some restrictions, and regulations, should be suffered to trade,
and live amongst the Indians. The fatal effects whereof, some
of the English neighbouring Collonies, have felt, in the late warrs,
with those salvages, by the loss of great numbers of Christians
killed, and their houses, plantations, goods, and cattle burnt,
destroyed, or carried away, by those heathen. These dreadfull
mischiefs might probably have been prevented, had care been
taken, to observe, some such like means, as is proposed, in this
Act, in treating and dealing with the Indians honestly. And
which is, what hath hitherto preserved a friendship, between
them, and the Christian inhabitants of Pensilvania, insomuch,
that although the Indians, have had warrs, with all our neighbouring Collonies, yet have they not hitherto, had any quarrel
with us, nor have we lost the life of any one Englishman, by their
means, from the settlement of the Collony, to this day, that we
know, or have heard of. This Act, therefore being of such
consequence, for secureing the peace, and tranquillity of that
country, and the same, to continue, for no more, than three years,
merits from the Lords of Trade and Plantations, a favourable
report to the King, that it may have the Royal fiat. (viii.) An
Act for better determining of debts, under forty shillings, and laying
aside the two weeks Court in Philadelphia. The two weeks
Court, not answering the ends propos'd, but on the contrary,
the mannor of executing it, by the magistrates and officers, of
the City of Philadia., proving chargeable, and inconvenient,
Therefore this Act, upon complaint thereof, made, takes it clear
away, and provides an easier method, for recovering such small
debts, by lodging that power, in the breast, of a Justice of Peace,
who is, to determine the same, in a summary way with little
expence to the parties. (ix.) An Act for erecting a supreme, or
Provincial Court of law and equity. This Court, is not a novelty
in Pensilvania, any more, than in any, of the rest of the King's
Plantations. This Act, being rather made, to rectifye, and
amend the proceedings of the antient Provincial Court, and make
the practice thereof, more conformable, to the methods used, in
the Courts, at Westminsterhall. And as to the hearing causes
by Appeal, writs of error, certiorari etc., they are things, that
have been long practised, in that Government, as well as, in other
Supreme Courts, throughout all, or most of the Plantations, by
laws made for that purpose, and those laws, ratified by the Crown,
so that, we hope, this Act, will have the Royal assent to it.
(x., xi.) Acts for setling the Court of Common Pleas, and for ascertaining the practice of the Courts of Judicature. In framing these
Acts the Assembly have advised, with the most learned in the
law, in that Province, and followed their opinion, in setling the
method, and practice of the Courts, as near, as could be done
conveniently, according to the course of proceedings, in the
Courts at Westmr. etc. (xii.) An Act for raising a supply of one
penny per pound, and four shillings, per head, and for reviving
other Acts. The intent of this Act being to raise a supplye, for
the support of Government, makes the same to be, in the nature
of a money bill, in Parliamt., wherein the people, who grant it,
raise it, amongst themselves. Acts of this kind, being necessary,
and frequent, in all Governments, and without which, none can
subsist, Therefore, we desire, this bill may pass the Royal assent,
There are severall penalties in this bill, upon transgressors thereof,
which goe one half to the Governor, for the support of Government, and the other to the informer. (xiii.) An Act for regulating
and establishing fees. An Act bearing the same title with this
Act, it's true, was, formerly repealed, But for no other reason,
save only that, it depended on an other Act, at that time likewise
repealed, so that, had it pass'd, at that time, with the Royal
assent, it could not, have been of any use, the matters thereof,
being so interwoven, and depending, so much on the other. But
that objection, being now removed, we doubt not but that, this
bill, will have the Royal assent etc. (xiv., xv.) An Act for laying
a duty, on wine, brandy, and other spirits, cyder, and hopps
imported, and an Act for laying a duty on negroes imported. These
two, are Acts, wherein likewise the people, by their Representatives, mett in Generall Assembly, have agreed, to raise[s] money
upon themselves, to supplye the publick exigences of the Government, in such manner, as after a mature deliberation, they thought,
would not be burthensome there, or unacceptable at home,
Particularly, in the Act for laying a duty on negroes, they have
endeavoured to remove, and take off, the former objections to
that Act. Wherefore, we hope now no more difficulties will be
started, to hinder, these two Acts, having the Royal assent.
There are, in these two Acts also, severall penalties, that goe one
half, to the Governour, for the support of Government, and the
other half, to the informer, as is usuall in such Acts. For these,
and the severall other reasons aforemenconed, William Penn,
and his friends doe, in behalf of the people of Pensilvania, lay
before and recommend, the two parcells of laws, to the Lords
of Trade and Plantations, that they would be pleased, favourably
to report them to the King, for his Royal sanction, on which,
intirely depends the future happiness of that Collony, for without
that sanction, the Country must fall into the utmost anarchy,
and confusion, for want of a due administration of Justice, wee
not being able there to find persons enough, who can in conscience
give, or take an oath, to serve as Magistrates, juries etc. Endorsed,
Recd., Read 9th Dec., 1718. 37 pp. Enclosed, |
