Chapter XVII: Act VII: Be it enacted by this present Grand Assembly ... That the (9)

[1.] For the increase of Shiping and incouragement of the Navigation of this Nation, (wherin, under the good providence and protection of God, the Wealth, Safety, and Strength of this Kingdome is soe much concerned), Bee it Enacted by the Kings most Excellent Majesty and by the Lords and Commons in this present Parliament assembled and the Authoritie therof, that from and after [December 1, 1660], and from thence forward, noe Goods or Commodities whatsoever shall be Imported into or Exported out of any Lands, Islelands, Plantations, or Territories to his Majesty belonging or in his possession or which may hereafter belong unto or be in the possession of His Majesty His Heires and Successors, in Asia, Africa, or America, in any other Ship or Ships, Vessell or Vessells whatsoever, but in such Ships or Vessels as doe truely and without fraude belong onely to the people of England or Ireland, Dominion of Wales, or Towne of Berwicke upon Tweede, or are of the built of, and belonging to any of the said Lands, Islands, Plantations, or Territories ... and whereof the Master and three fourthes of the Marriners at least are English,[92] under the penalty of the Forfeiture [of Vessell and Cargo]....

[III. In like words, limits the commerce of England herself to the same shipping.]

[XVIII.] And it is further Enacted ... That from and after ... [April 1, 1661] ... noe Sugars, Tobaccho, Cotton-Wool, Indicoes, Ginger, Fustick, or other dyeing wood, of the Growth, Production, or Manufacture of any English Plantations in America, Asia or Africa shall be shiped, carryed, conveyed, or transported from any of the said English Plantations to any Land, Island, Territory, Dominion, Port, or place whatsoever, other than to such other English Plantations as doe belong to His Majesty His Heires and Successors, or to the Kingdome of England or Ireland or Principallity of Wales or Towne of Berwicke upon Tweede ... under penalty of forfeiture [as before]....

_b. Second Navigation Act, 1663_

_Statutes of the Realm_, V, 449-452 (15 Car. II, c. 7).

The act of 1660 had (1) "protected" English and colonial shipping
by shutting out all other shipping from the English and colonial
trade; and (2) it had "enumerated" a few semi-tropical products
which colonies could export only to England. This act of 1663
provides that all European imports to the colonies must be obtained
through England.

AN ACT for the Encouragement of Trade.

[IV.] AND in reguard His Magesties Plantations beyond the Seas are inhabited and peopled by His Subjects of this His Kingdome of England, For the maintaining a greater correspondence and kindnesse betweene them and keepeing them in a firmer dependance upon it, and rendring them yet more beneficiall and advantagious unto it in the farther Imployment and Encrease of English Shipping and Seamen, vent of English Woollen and other Manufactures and Commodities, rendring the Navigation to and from the same more safe and cheape, and makeing this Kingdome a Staple not onely of the Commodities of those Plantations but alsoe of the Commodities of other Countryes and Places for the supplying of them, and it being the usage of other Nations to keepe their Plantation Trade to themselves, _Be it enacted_, and it is hereby enacted, That from and after [March 25, 1664], noe Commoditie of the Growth, Production, or Manufacture, of Europe, shall be imported into any Land, Island, Plantation, Colony, Territory, or Place, to His Majestie belonging, or which shall [belong hereafter] unto, or be in the Possession of His Majestie His Heires and Successors, in Asia, Africa, or America, (Tangier onely excepted) but what shall be bona fide and without fraude laden and shipped in England, Wales, [and] the Towne of Berwicke upon Tweede, and in English built Shipping, ... and whereof the Master and three Fourthes of the Marriners at least are English, and which shall be carryed directly thence to the said Lands, Islands, Plantations, Colonyes, Territories, or Places, and from noe other place or places whatsoever, Any Law, Statute, or Usage, to the contrary notwithstanding, under the Penaltie [of forfeiture of vessel and cargo]....

[V.] PROVIDED alwayes ... That it shall and may be lawfull to shipp and lade in such Shipps, and soe navigated as in the foregoeing Clause is sett downe and expressed, _in any part of Europe_, Salt for the Fisheries of New England and New found land, and to shipp and lade in the Medera's Wines of the Growth thereof, and to shipp and lade in the Westerne Islands or Azores Wines of the Growth of the said Islands, and to shipp [or] take in Servants or Horses in Scotland or Ireland, and to shipp or lade in Scotland all sorts of Victuall of the Growth of Production of Scotland, and to shipp or lade in Ireland all sortes of Victuall of the Growth or Production of Ireland, and the same to transport into any of the said Lands, Islands, Plantations, Colonyes, Territories, or Places, Any thing in the foregoeing Clause to the contrary in any wise notwithstanding.

[The extension of the navigation policy after 1690 to restrict
American manufactures, with some additions to the "enumerated
articles" in the First Navigation Act, is not illustrated in this
volume. For this, with quotations from the laws, see _American
History and Government_, # 116. But the following law (_c_) of
the later period has so unique a significance that it is here
inserted, out of its chronological order. Cf. _American History and
Government_, # 116, note at close.]

_c. Sugar Act of 1733. May 17/27, 1733_

Pickering's _Statutes at Large_, XVI, 374-379 (6 Geo. II, c. 13).
(Italics only as in the original.)

_An act for the better securing and encouraging the trade of his Majesty's sugar colonies in_ America.

WHEREAS _the welfare and prosperity of your Majesty's sugar colonies in_ America _are of the greatest consequence and importance to the trade, navigation and strength of this kingdom: and whereas the planters of the said sugar colonies have of late years fallen under such great discouragements, that they are unable to improve or carry on the sugar trade upon an equal footing with the foreign sugar colonies, without some advantage and relief be given to them from_ Great Britain: for remedy whereof ... be it enacted ..., That from and after [December 25, 1733], there shall be raised, levied, collected and paid, unto and for the use of his Majesty ..., upon all rum or spirits of the produce or manufacture of any of the colonies or plantations in _America_, not in the possession or under the dominion of his Majesty ..., which at any time or times within or during the continuance of this act, shall be imported or brought into any of the colonies or plantations in _America_, which now are or hereafter may be in the possession or under the dominion of his Majesty ..., the sum of nine pence, money of _Great Britain_ ..., for every gallon thereof, and after that rate for any greater or lesser quantity: and upon all molasses or syrups of such foreign produce or manufacture as aforesaid, which shall be imported or brought into any of the said colonies or plantations of or belonging to his Majesty, the sum of six pence of like money for every gallon thereof ... and upon all sugars and paneles of such foreign growth, produce, or manufacture as aforesaid, which shall be imported into any of the said colonies or plantations of or belonging to his Majesty, a duty after the rate of five shillings of like money, for every hundred weight _Avoirdupoize_....

[Sections II-VIII make provision for enforcing the act and for extending its provisions to Ireland.]

IX. And it is hereby further enacted ..., That in case any sugar or paneles of the growth, produce or manufacture of any of the colonies or plantations belonging to or in the possession of his Majesty ..., which shall have been imported into _Great Britain_ after the twenty-fourth day of _June_ one thousand seven hundred and thirty-three, shall at any time within one year after the importation thereof, be again exported out of _Great Britain_, and that due proof be first made, by certificate from the proper officers, of the due entry and payment of the subsidies or duties charged or payable upon the importation thereof, together with the oath of the merchant or his agent importing and exporting the same, or in case such merchant or agent shall be one of the people called _Quakers_, by his solemn affirmation to the truth thereof, and that all other requisites shall be performed that are by law to be performed in cases where any of the said subsidies or duties are to be paid by any former statute, all the residue and remainder of the subsidy or duty, by any former act or acts of parliament granted and charged on such sugar or paneles as aforesaid, shall without any delay or reward be repaid to such merchant or merchants, who do export the same, within one month after demand thereof.[93]

[X. Rebate and bounty in England upon sugar refined from brown sugar imported from English colonies.]

* * * * *

101. The Duke of York's Charter for New York, March 12/22, 1663/4

O'Callaghan's _Documents relating to the Colonial History of New
York_, II, 295-298.

This grant was made some months before the English were in actual
possession of the territory. After the loss and recapture of the
Province in 1673-1674, a second grant was issued by Charles II,
practically identical with this one of 1664.

CHARLES the Second, ... [etc.] ... Know ye that we ... by these presents for us Our heirs and Successors Do Give and Grant unto our Dearest Brother James Duke of York his Heirs and Assigns All that part of the maine Land of New England[94] ... [detailed bounds, the Duke to pay yearly forty beaver skins, "when they shall be demanded, or within ninety days after"]. And We do further ... Grant unto our said Dearest Brother James Duke of York his Heirs, [etc] full and absolute power and authority to correct, punish, pardon, govern and rule all such the subjects of us Our Heirs and Successors who may from time to time adventure themselves into any the parts or places aforesaid or that shall or do at any time hereafter inhabit within the same, _according to such Laws, Orders, Ordinances, Directions and Instruments as by our said Dearest Brother or his Assigns shall be established_, And in defect thereof, in cases of necessity, according to the good discretions of his Deputies, Commissioners, Officers or Assigns respectively, as well in all causes and matters Capital and Criminal as civil both marine and others. So always as the said Statutes Ordinances and proceedings be not contrary to but as near as conveniently may be agreeable to the Laws, Statutes and Government of this Our Realm of England And _saving and reserving to us our Heirs and Successors the receiving, hearing and determining of the Appeal and Appeals of all or any Person or Persons of in or belonging to the territories or Islands aforesaid in or touching any Judgment or Sentence to be there made or given_[95] And further that it shall and may be lawful to and for our said Dearest Brother his Heirs and Assigns by these presents from time to time to nominate, make, constitute, ordain and confirm by such name or names stile or stiles as to him or them shall seem good and likewise to revoke, discharge, change and alter as well all and singular Governors, Officers and Ministers which hereafter shall be by him or them thought fit and needful to be made or used within the aforesaid parts and Islands And also to make, ordain and establish all manner of Orders, Laws, directions, instructions, forms and Ceremonies of Government and Magistracy fit and necessary for and Concerning the Government of the territories and Islands aforesaid, so always as the same be not contrary to the laws and statutes of this Our Realm of England but as near as may be agreeable thereunto ... And We do further ... Grant ... That it shall and may be lawful to and for the said James Duke of York his heirs and Assigns in his or their discretions from time to time to admit such and so many Person and Persons to trade and traffic unto and within the Territories and Islands aforesaid and into every or any part and parcel thereof and to have possess and enjoy any Lands or Hereditaments in the parts and places aforesaid, as they shall think fit, according to the Laws, Orders, Constitutions and Ordinances by Our said Brother his Heirs, Deputies, Commissioners and Assigns from time to time to be made and established ... and under such conditions, reservations, and agreements as Our said Brother his Heirs or Assigns shall set down, order, direct and appoint, and not otherwise....

[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.]

102. Penn's Grant of Pennsylvania, March 4/14, 1680/88

_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.]. ... _Whereas_ our 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 haveing regard 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 itt _Pensilvania_ ..., 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 regulateing and 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 any English port, "and not into any other country whatsoeve," with a clause insisting upon obedience to "the Acts of Navigation."] =And Wee doe= further 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_. =And= further ... =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]...

103. Penn's Grants to the Pennsylvanians

_a. "Laws Agreed upon in England," 1683_

Hazard's _Annals 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 replaced by that of 1701 (see _b_, 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 by the 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.

* * * * *

_b. Penn's Charter of Privileges to Pennsylvania, October 28/November 8, 1701_

_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 in _American 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 used =_black
italics_= sparingly 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 said _William Penn_ do 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 in _Jesus 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 of _October_ for ever; and shall sit on the fourteenth Day of the same Month at _Philadelphia_, 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 of _England_, and as is usual in any of the King's Plantations in _America_.

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 at _Newcastle_ in the _Year 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 they behave 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.

104. Berkeley's Report on Virginia, 1671

Hening's _Statutes_, 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 of _Oyer 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; some _bought_ by 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 or building 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 thousand _black slaves_, six thousand _christian 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 what _blacks_ or _slaves_ have 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 hopefull commodity, 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 the same 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 better _if 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 in _Cromwell's_ tiranny drove divers worthy men hither. But, I thank God, _there are no free schools_ nor _printing_, and I hope we shall not have these hundred years; for _learning_ has brought disobedience, and heresy, and sects into the world, and _printing_ has divulged them, and libels against the best government. God keep us from both!

105. The Franchise in Virginia again Restricted[108]

Hening's _Statutes at Large_.

For the general reaction of this period, _American History and
Government_, ## 103, 104.

[October, 1670.]