cant take any Oath, and yet are often the only Persons theift murder, Titles of land wills &c: and having reflected to prove either .. that shutting out Oaths there would be the best way to shutt all loos and vain swearing, out of the Country, I do for me and myn hereby declare and Establish for the nineteenth Fundamentall of the Government of this Province that all evidence shall be by subscribsion upon record after this forme. I A B do from the very bottom of my heart hereby engage and Promise in the Presence of God and the Coart to declare the whole truth, and nothing but the truth, in ye matter I am to be inquired upon wittness my hand this in ye year A.B. Text-Pennsylvania Magazine of History, Vol. XX, pp. 284-297. II. PENN'S PROPOSALS TO ADVENTURERS of "Colonies, then, are the seeds of nations begun and nourished by the care of wise and populous countries, as conceiving them best for the increase of human stock, and beneficial for commerce. “Some of the wisest men in history have justly taken their fame from this design and service. We read of the reputation given on this account to Moses, Joshua, and Caleb, in Scripture records; and what renown the Greek story yields to Lycurgus, Theseus, and those Greeks that planted many parts of Asia; nor is the Roman account wanting of instances to the credit of that people. . . "Nor did any of these ever dream it was the way of decreasing their people or wealth, for the cause of the decay of any of those states or empires was not their plantations, but their luxury and corruption of manners; for when they grew to neglect their ancient discipline, that maintained and rewarded virtue and industry, and addicted themselves to pleasure and effeminacy, they debased their spirits and debauched their morals, from whence ruin did never fail to follow to any people. With justice, therefore, I deny the vulgar opinion against plantations, that they weaken England; they have manifestly enriched, and so strengthened her, which I briefly evidence thus: "1st. Those that go into a foreign plantation, their industry there is worth more than if they stayed at home, the product of their labour being in commodities of a superior nature to those of their country. For instance, what is an improved acre in Jamaica or Barbadoes worth to an improved acre in England? We know it is three times the value, and the product of it comes for England, and is usually paid for in English growth and manufacture. . . "2d. More being produced and imported than we can spend here, we export it to other countries in Europe, which brings in money, or the growth of those countries, which is the same thing, and this is the advantage of the English merchants and sea men. "3d. Such as could not only not marry here, but hardly live and allow themselves clothes, do marry there, and bestow thrice more in all necessaries and conveniences, (and not a little in ornamental things too,) for themselves, their wives and children, both as to apparel and household stuff, which coming out of England, I say it is impossible that England should not be a considerable gainer. "4th. But let it be considered that the plantations employ many hundreds of shipping, and many thousands of seamen, which must be, in divers respects, an ad vantage to England, being an island, and by nature fitted for navigation above any country in Europe. This is followed by other depending trades, as shipwrights, carpenters, sawyers, hewers, trunnelmakers, joiners, slop sellers, drysalters, iron-workers. the Eastland merchants, timber sellers, and victuallers, with many more trades which hang upon navigation; . . . But it is further said, they injure England, in that they draw away too many of the people, for we are not so populous in the countries as formerly. I say there are other reasons for that, ". . . These and the like evils are the true grounds of the decay of our people in the country, to say nothing of plague and wars; towns and cities cannot complain of the decay of people, being more replenished than ever, especially London, which, with reason, helps the countryman to this objection. And though some do go to the plantations, yet, numbering the parishes in England, and computing how many live more than die, and are born than buried, there goes not over to all the plantations a fourth part of the yearly increase of the people, and when they are there, they are not (as I said before) lost to England, since they furnish them with much clothes, household stuff, tools, and the like necessaries, and that in greater quantities than here their condition could have needed, or they could have bought, being there well to pass, that were but low here, if not poor; and now masters of families too, when here they had none, and could hardly keep themselves; and very often it happens that some of them, after their industry and success there have made them wealthy, they return and empty their riches into England, one in this capacity being able to buy out twenty of what he was when he went over. "To conclude, I desire all my dear country folks, who may be inclined to go into those parts, to consider seriously the premises, as well the present inconveniences, as future ease and plenty, that so none may move rashly, or from a fickle, but solid mind. having, above all things an eye to the providence of God, in the disposal of themselves. And I would further advise all such at least to have the permission, if not the good liking of their near relations, for that is both natural, and a duty incumbent upon all, and by this means will natural affection be preserved, and a friendly and profitable correspondence be maintained between them. In all which I beseech Almighty God to direct us, that his blessing may attend our honest endeavour, and then the consequence of all our undertaking will turn to the glory of his great name, and the true happiness of us and our posterity. Amen. "William Penn." Text-Hazard: Annals of Pennsylvania, 1609-1682, pp. 505-513. III. THE GREAT LAW, DECEMBER 10/17, 1682 In accordance with the Frame of Government drawn up by Penn and his associates in England, an Assembly convened at Chester, December 1682, and adopted a code of laws known as the Great Law. The following clauses relating to religion and morals may be profitably studied beside corresponding codes of the other colonies. Whereas the glory of Almighty God, and the good of mankind, is the reason and end of government, and therefore government, in itself, is a venerable ordinance of God; and forasmuch as it is principally desired and intended by the proprietary and governor, and the freemen of the province of Pennsylvania, and territories thereunto belonging, to make and establish such laws as shall best preserve true Christians and civil liberty, in opposition to all unchristian, licentious, and unjust practices, whereby God may have his due, Caesar his due, and the people their due, from tyranny and oppression of the one side, and insolency and licentiousness of the other, so that the best and firmest foundation may be laid for the present and future happiness of both the governor and people of this province and territories aforesaid, and their posterity. Be it therefore enacted, by William Penn, proprietary and governor, by and with the advice and consent of the deputies of the freemen of this province, and counties aforesaid, in assembly met, and by the authority of the same, that these following chapters and paragraphs shall be the laws of Pennsylvania and the territories thereof. 1. “Almighty God being 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 can enlighten the mind, and persuade and convince the understanding of people, in due reverence to his sovereignty over the souls of mankind. It is enacted by the authority aforesaid, that no person now or at any time hereafter living in this province, who shall confess and acknowledge one Almighty God to be the creator, upholder, and ruler of the world, and that professeth him or herself obliged in conscience to live peaceably and justly under the civil government, shall in anywise be molested or prejudiced for his or her conscientious persuasion or practice, nor shall he or she at any time be compelled to frequent or maintain any religious worship, place, or ministry whatever, contrary to his or her mind, but shall freely and fully enjoy his or her Christian liberty in that respect, without any interruption or reflection; and it any person shall abuse or deride any other for his or her different persuasion and practice in matter of religion, such shall be looked upon as a disturber of the peace, and be punished accordingly. But to the end that looseness, irreligion, and atheism may not creep in under pretence of conscience, in this province, be it further enacted by the authority aforesaid, that according to the good example of the primitive Christians, and for the ease of the creation, every first day of the week, called the Lord's Day, people shall abstain from their common toil and labour, that whether masters, parents, children, or servants, they may the better dispose themselves to read the Scriptures of truth at home, or to frequent such meetings of religious worship abroad as may best suit their respective persuasions. 2. “And be it further enacted, by the authority aforesaid, that all officers and persons commissionated and employed in the service of the government of this province, and all members and deputies elected to serve in assembly thereof, and all that have right to elect such deputies, shall be such as profess and declare they believe in Jesus Christ to be the Son of God, and Saviour of the world, and that are not convicted of ill-fame, or unsober and dishonest conversation, and that are of one and twenty years of age at least. And be it further enacted, by the authority aforesaid, that whosoever shall swear, in their conversation, by the name of God, or Christ, or Jesus, being legally convicted thereof, shall pay for every such offence five shillings, or suffer five days' imprisonment in the house of correction, at hard labour, to the behoof of the public, and be fed with bread and water only, during that time. 3. "And be it further enacted, by the authority aforesaid, that whosoever shall swear by any other thing or name, and is legally convicted thereof, shall, for every such offence, pay half a crown, or suffer three days' imprisonment in the house of correction, at hard labour, having only bread and water for their sustenance. 4. "And be it further enacted, by the authority aforesaid, for the better preventing of corrupt communication, that whosoever shall speak loosely and profanely of Almighty God, Christ Jesus, the Holy Spirit, or the Scriptures of truth, and is legally convicted thereof, shall, for every such offence, pay five shillings, or suffer five days' imprisonment in the house of correction, at hard labour, to the behoof of the public, and be fed with bread and water only, during that time. 5. "And be it further enacted, by the authority aforesaid, that whosoever shall, in their conversation at any time, curse himself or another, or any thing belonging to himself or any other, and is legally convicted thereof, shall pay for every such offence five shillings, or suffer five days' imprisonment, as aforesaid. 6. "And be it further enacted, by the authority aforesaid, that if any person shall, with malice or premeditation, kill, or be accessory to the death of another person, man, woman, or child, being legally convicted thereof, shall, according to the law of God and all nations, suffer death; and that the estates of all capital offenders shall go one-halt to the next of kin of the sufferer, and the remainder to the next kin of the criminal. 7. "And be it further enacted, by the authority aforesaid, that all persons guilty of manslaughter, or chance-medley, shall be punished according to the nature and circumstance of the offence. 8. "And be it further enacted, by the authority aforesaid, that whosoever defileth the marriage-bed, by lying with another woman or man than their own wife or husband, being legally convicted thereof, shall, for the first offence, be publicly whipped, and suffer one whole year's imprisonment in the house of correction, at hard labour, to the behoof of the public, and longer, if the magistrate see meet; and both he and the woman to be liable to a bill of divorcement, if required by the grieved husband or wife, within the said term of one whole year after conviction; and for the second offence, imprisonment in manner aforesaid during life; and if the party with whom the husband or wife shall defile their beds, be unmarried, for the first offence they shall suffer half a year's imprisonment, in the manner aforesaid; and for the second offence, imprisonment for life. 13. "And be it further enacted, by the authority aforesaid, that whosoeɣer shall be convicted of having two wives, or two husbands, shall be imprisoned all their lifetime in the house of correction, at hard labour, to the behoof of his former wife or children, or her former husband or children; and if a man or woman, being unmarried, do knowingly marry the husband or wife of another person, he or she shall be punished after the same manner aforesaid. 40. "And be it further enacted, by the authority aforesaid, that the days of the week, and the months of the year, shall be called as in Scripture, and not by heathen names, (as are vulgarly used) as, the first, second, and third days of the week; and first, second, and third months of the year, &c., beginning with the day called Sunday, and the month called March. Text-Hazard: Annals of Pennsylvania, 1609-1682, pp. 619-628. IV. THE CHARTER OF PRIVILEGES, OCTOBER 28, NOVEMBER 8, 1701 Upon his return to Pennsylvania in 1699 to quiet dissensions, Penn consented to the appointment of a committee of the Council to draw up a new charter for the colony. This charter, with the religious clauses as under, remained in force until 1776. First, 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 Religous 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 Knowleidge, 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 Ferson or Persons, inhabiting in this Province or Territories, who shall confess and acknowledge One almighty God, the Creator, Upholder and Ruler of the World, and profess him, or themselves, obliged to live quietly under the civil Government, shall be in any Case molested or perjudiced, 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. 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, and taking the Attests as now established by the Law made at Newcastle, in the Year One Thousand and Seven Hundred, intituled, An Act directing the Attests of several Officers and Ministers, as now amended and confirmed this present Assembly. 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. 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. Text-Voles and Proceedings of the House of Representatives of Pennsylvania, I, Part II, pp. 1-111. V. THE CONFESSION OF THE SOCIETY OF FRIENDS, COMMONLY CALLED QUAKERS. A.D. 1675. To the Clergy, of what sort soever, unto whose hands these may come; To the Doctors, Professors, and Students of Divinity in the Universities and Schools of Great Britain, whether Prelatical, Presbyterian, or any other; |