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places, being protected by the said engagement and word

passed of him, the said Sir William Berkeley, having ruined

and made desolate a great part of his Majesty’s country,

have now drawn themselves into such obscure and remote

places and are by their successes so emboldened and con-

firmed, and by their confederacy so strengthened that the

cries of blood are in all places, and the terror and conster-

nation of the people so great, that they are now become

not only a difficult, but a very formidable enemy who

might ease have been destroyed, etc. When upon the loud

outcries of blood, the Assembly had with all care raised

and framed an army for the prevention of future mischiefs

and safeguard of his Majesty’s colony.

For having with only the privacy of some few

favourites, without acquainting the people, only by the

alteration of a figure, forged a commission by we know not

what hand, not only without but against the consent of the

people, for raising and effecting of civil wars and distrac-

tions, which being happily and without bloodshed pre-

vented.

For having the second time attempted the same

thereby calling down our forces from the defence of the

frontiers, and most weak exposed places, for the preven-

tion of civil mischief and ruin amongst ourselves, whilst the

barbarous enemy in all places did invade, murder, and

spoil us, his Majesty’s most faithful subjects.

Of these, the aforesaid articles, we accuse Sir William

Berkeley, as guilty of each and every one of the same, and

as one who has traitorously attempted, violated and injured

his Majesty’s interest here, by the loss of a great part of his

colony, and many of his faithful and loyal subjects by him

betrayed, and in a barbarous and shameful manner exposed

to the incursions and murders of the heathen.

And we further declare these, the ensuing persons in

this list, to have been his wicked, and pernicious counsel-

lors, aiders and assisters against the commonalty in these

our cruel commotions:

Sir Henry Chicherly, Knt. Col. Charles Wormley, Phil.

Dalowell, Robert Beverly, Robert Lee, Thos. Ballard,

William Cole, Richard Whitacre, Nicholas Spencer,

Mathew Kemp, Jos. Bridger, Wm. Clabourne, Thos.

Hawkins, Jr., William Sherwood, Jos. Page, Clerk Jo.

Cliffe, Hubberd Farrell, John West, Thos. Reade

And we do further demand, that the said Sir William

Berkeley, with all the persons in this list, be forthwith

delivered up, or surrender themselves, within four days

after the notice hereof, or otherwise we declare as fol-

loweth: that in whatsoever house, place, or ship any of the

said persons shall reside, be hid, or protected, we do

declare that the owners, masters, or inhabitants of the said

places, to be confederates and traitors to the people, and

the estates of them, as also of all the aforesaid persons, to

be confiscated. This we, the commons of Virginia, do

declare desiring a prime union amongst ourselves, that we

may jointly, and with one accord defend ourselves against

the common enemy. And let not the faults of the guilty be

the reproach of the innocent, or the faults or crimes of the

oppressors divide and separate us, who have suffered by

their oppressions.

These are therefore in his Majesty’s name, to com-

mand you forthwith to seize the persons above mentioned

as traitors to the king and country, and them to bring to

Middle Plantation, and there to secure them, till further

order, and in case of opposition, if you want any other

assistance, you are forthwith to demand it in the name of

the people of all the counties of Virginia.

[Signed] Nath Bacon,

Gen’l. By the Consent of the People

Source:

Merrill Jensen, ed. American Colonial Documents to 1776, vol. 9

of English Historical Documents, ed. David C. Douglas.

London: Eyre & Spottiswoode, 1955.

Habeas Corpus Act of 1679

Statute passed by Parliament in England (May 1679) making it

compulsory for judges to issue a prisoner (at his request) the

habeas corpus writ, which stated that no one could be impris-

oned indefinitely without being charged in a court of law. The

statute declared that prisoners were to be tried during the first

term of their imprisonment and no later than the second. Once

the court freed a prisoner, he could not be imprisoned again

for the same crime. Judges were ordered to issue writs even

when the courts were not in session, and any judge who failed

to do so faced stiff penalties. The act applied initially only to

criminal charges but was amended by the Habeas Corpus Act

of 1816 to cover other charges. It is memorialized in Article I,

Section 9 of the U.S. Constitution, which also permits its sus-

pension in times of “rebellion or invasion.”

________________________

_______________________

An Act

For the better securing the liberty of the subject, and for

prevention of imprisonments beyond the seas.

Whereas great delays have been used by sheriffs, gaol-

ers and other officers, to whose custody any of the King’s

subjects have been committed for criminal or supposed

criminal matters, in making returns of writs of habeas cor-

pus to them directed, by standing out an alias and pluries

habeas corpus, and sometimes more, and by other shifts to

avoid their yielding obedience of such writs, contrary to

their duty and the known laws of the land, whereby many

202 ERA 2: Colonization and Settlement

of the King’s subjects have been and hereafter may be long

detained in prison, in such cases where by law they are

bailable, to their great charges and vexation:

II. For the prevention whereof, and the more speedy

relief of all persons imprisoned for any such criminal or

supposed criminal matters; (2) be it enacted by the King’s

most excellent majesty, by and with the advice and consent

of the lords spiritual and temporal, and commons, in this

present parliament assembled, and by the authority

thereof, That whensoever any person or persons shall

bring any habeas corpus directed unto any sheriff or sher-

iffs, goaler, minister or other person whatsoever, for any

person in his or their custody, and the said with shall be

served upon the said officer, or left at the gaol or prison

with any of the under-officers, under-keepers or deputy of

the said officers or keepers, that the said officer or officers,

his or their under-officers, under-keepers or deputies, shall

within three days after the service thereof as aforesaid

(unless the commitment aforesaid were for treason or

felony, plainly and specially expressed in the warrant of

commitment) upon payment or tender of the charges of

bringing the said prisoner, to be ascertained by the judge

or court that awarded the same, and endorsed upon the

said writ, not exceeding twelve pence per mile, and upon

security given by his own bond to pay the charges of car-

rying back the prisoner, if he shall be remanded by the

court or judge to which he shall be brought according to

the true intent of this present act, and that he will not

make any escape by the way, make return of such writ; (3)

and bring or cause to be brought the body of the party so

committed or restrained, unto or before the lord chancel-

lor, or lord keeper of the great seal of England, for the time

being, or the judges or barons of the said court from

whence the said writ shall issue, or unto and before such

other person or persons before whom the said writ is made

returnable, according to the command thereof; (4) and

shall then likewise certify the true causes of his detainer or

imprisonment, unless the commitment of the said party be

in any place beyond the distance of twenty miles from the

place or places where such court or person is or shall be

residing; and if beyond the distance of twenty miles, and

not above one hundred miles, then within the space of ten

days, and if beyond the distance of one hundred miles,

then within the space of twenty days, after such delivery

aforesaid, and not longer.

III. And to the intent that no sheriff, gaoler or other

officer may pretend ignorance of the import of any such

writ; (2) be it enacted by the authority aforesaid, That all

such writs shall be marked in this matter, Per statutum tri-

cesimo primo Caroli secundi Regis, and shall be signed by

the person that awards the same; (3) and if any person or

persons shall be or stand committed or detained as afore-

said, for any crime, unless for felony or treason plainly

expressed in the warrant of commitment, in the vacation-

time, and out of term, it shall and may be lawful to and for

the person or persons so committed or detained (other

than persons convict or in execution by legal process) or

any one on his or their behalf, to appeal or complain to the

lord chancellor or lord keeper, or any one of his Majesty’s

justices, either of the one bench or of the other, or the

barons of the exchequer of the degree of the coif; (4) and

the said lord chancellor, lord keeper, justices or barons or

any of them, upon view of the copy or copies of the war-

rant or warrants of commitment and detainer, or otherwise

upon oath made that such copy or copies were denied to

be given by such person or persons in whole custody the

prisoner or prisoners is or are detained, are hereby autho-

rized and required, upon request made in writing by such

person or persons, or any on his, her or their behalf,

attested and subscribed by two witnesses who were pre-

sent at the delivery of the same, to award and grant an

habeas corpus under the seal of such court whereof he

shall then be one of the judges, (5) to be directed to the

officer or officers in whole custody the party so committed

or detained shall be, returnable immediate before the said

lord chancellor or lord keeper, or such justice, baron or any

other justice or baron of the degree of the coif of any of the

said courts; (6) and upon service thereof as aforesaid, the

officer or officers, his or their under-officer or under-

officers, under- keeper or under-keepers, or their deputy,

in whose custody the party is so committed or detained,

shall within the times respectively before limited, bring

such prisoner or prisoners before the said lord chancellor

or lord keeper, or such justices, barons or one of them,

before whom the said writ is made returnable, and in case

of his absence before any other of them, with the return of

such writ, and the true causes of the commitment and

detainer; (7) and thereupon within two days after the party

shall be brought before them, the said lord chancellor or

lord keeper, or such justice or baron before whom the pris-

oner shall be brought as aforesaid, shall discharge the said

prisoner from his imprisonment, taking his or their recog-

nizance, with one or more surety or sureties, in any sum

according to their discretions, having regard to the quality

of the prisoner and nature of the offence, for his or their

appearance in the court of King’s bench the term follow-

ing, or at the next assizes, sessions or general gaol-delivery

of and for such county, city or place where the commit-

ment was, or where the offence was committed, or in such

other court where the said offence is properly cognizable,

as the case shall require, and then shall certify the said writ

with the return thereof, and the said recognizance or rec-

ognizances into the said court where such appearance is to

be made; (8) unless it shall appear unto the said lord chan-

cellor or lord keeper, or justice or justices, or baron or

barons, that the party so committed is detained upon a

The Development of Political, Religious, and Social Institutions in the Colonies 203

legal process, order or warrant, out of some court that hath

jurisdiction of criminal matters, or by some warrant signed

and sealed with the hand and seal of any of the said justices

or barons, or some justice or justices of the peace, for such

matters or offences for the which by the law the prisoner

is not bailable.

IV. Provided always, and be it enacted, That if any per-

son shall have wilfully neglected by the space of two whole

terms after his imprisonment, to pray a habeas corpus for

his enlargement, such person so wilfully neglecting shall

not have any habeas corpus to be granted in vacation-

time, in pursuance of this act.

V. And be it further enacted by the authority aforesaid,

That if any officer or officers, his or their under-officer or

under-officers, under-keeper or under-keepers, or deputy,

shall neglect or refuse to make the returns aforesaid, or to

bring the body or bodies of the prisoner or prisoners

according to the command of the said writ, within the

respective times aforesaid, or upon demand made by the

prisoner or person in his behalf, shall refuse to deliver, or

within the space of six hours after demand shall not deliver,

to the person so demanding, a true copy of the warrant or

warrants of commitment and detainer of such prisoner,

which he and they are hereby required to deliver accord-

ingly; all and every the head gaolers and keepers of such

prisons, and such other person in whose custody the pris-

oner shall be detained, shall for the first offence forfeit to

the prisoner or party grieved the sum of one hundred

pounds; (2) and for the second offence the sum of two

hundred pounds, and shall and is hereby made incapable

to hold or execute his said office; (3) the said penalties to

be recovered by the prisoner or party grieved, his execu-

tors or administrators, against such offender, his executors

or administrators, by any action of debt, suit, bill, plaint or

information, in any of the King’s courts at Westminster,

wherein no essoin, protection, privilege, injunction, wager

of law, or stay of prosecution by Non vult ulterius prosequi,

or otherwise, shall be admitted or allowed, or any more

than one imparlance; (4) and any recovery or judgment at

the suit of any party grieved, shall be a sufficient conviction

for the first offence; and any after recovery or judgment at

the suit of a party grieved for any offence after the first

judgment, shall be a sufficient conviction to bring the offi-

cers or person within the said penalty for the second

offence.

VI. And for the prevention of unjust vexation by reit-

erated commitments for the same offence; (2) be it

enacted by the authority aforesaid, That no person or per-

sons which shall be delivered or set at large upon any

habeas corpus, shall at any time hereafter be again impris-

oned or committed for the same offence by any person or

persons whatsoever, other than by the legal order and pro-

cess of such court wherein he or they shall be bound by

recognizance to appear, or other court having jurisdiction

of the cause; (3) and if any other person or persons shall

knowingly contrary to this act recommit or imprison, or

knowingly procure or cause to be recommitted or impris-

oned, for the same offence or pretended offence, any per-

son or persons delivered or set at large as aforesaid, or be

knowingly aiding or assisting therein, then he or they shall

forfeit to the prisoner or party grieved the sum of five hun-

dred pounds; any colourable pretence or variation in the

warrant or warrants of commitment notwithstanding, to be

recovered as aforesaid.

VII. Provided always, and be it further enacted, That

if any person or persons shall be committed for high trea-

son or felony, plainly and specially expressed in the warrant

of commitment, upon his prayer or petition in open court

the first week of the term, or first day of the sessions of

oyer and terminer or general gaol-delivery, to be brought

to his trial, shall not be indicted some time in the next

term, sessions of oyer and terminer or general gaol-deliv-

ery, after such commitment; it shall and may be lawful to

and for the judges of the court of King’s bench and justices

of oyer and terminer or general gaol-delivery, and they are

hereby required, upon motion to them made in open court

the last day of the term, sessions or gaol-delivery, either by

the prisoner or any one in his behalf, to set at liberty the

prisoner upon bail, unless it appear to the judges and jus-

tices upon oath made, that the witnesses for the King

could not be produced the fame term, sessions or general

gaol-delivery; (2) and if any person or persons committed

as aforesaid, upon his prayer or petition in open court the

first week of the term or first day of the sessions of oyer

and terminer and general gaol-delivery, to be brought to

his trial, shall not be indicted and tried the second term,

sessions, of oyer and terminer or general gaol-delivery,

after his commitment, or upon his trial shall be acquitted,

he shall be discharged from his imprisonment.

VIII. Provided always, That nothing in this act shall

extend to discharge out of prison any person charged in

debt, or other action, or with process in any civil cause, but

that after he shall be discharged of his imprisonment for

such his criminal offence, he shall be kept in custody

according to the law, for such other suit.

IX. Provided always, and be it enacted by the author-

ity aforesaid, That if any person or persons, subjects of this

realm, shall be committed to any prison or in custody of

any officer or officers whatsoever, for any criminal or sup-

posed criminal matter, that the laid person shall not be

removed from the said prison and custody into the custody

of any other officer or officers; (2) unless it be by habeas

corpus or some other legal writ; or where the prisoner is

delivered to the constable or other inferior officer to carry

such prisoner to some common gaol; (3) or where any per-

son is sent by order of any judge of assize or justice of the

204 ERA 2: Colonization and Settlement

peace, to any common work-house or house of correction;

(4) or where the prisoner is removed from one prison or

place to another within the same county, in order to his or

her trial or discharge in due course of law; (5) or in case of

sudden fire or infection, or other necessity; (6) and if any

person or persons shall after such commitment aforesaid

make out and sign, our countersign any warrant or war-

rants for such removal aforesaid, contrary to this act; as

well he that makes or signs, or countersigns such warrant

or warrants, as the officer or officers that obey or execute

the same, shall suffer and incur the pains and forfeitures in

this act before mentioned, both for the first and second

offence respectively, to be recovered in manner aforesaid

by the party grieved.

X. Provided also, and be it further enacted by the

authority aforesaid, That it shall and may be lawful to and

for any prisoner and prisoners as aforesaid, to move and

obtain his or their habeas corpus as well out of the high

court of chancery or court of exchequer, as out of the

courts of King’s bench or common pleas, or either of them;

(2) and if the said lord chancellor or lord keeper, or any

judge or judges, baron or barons for the time being, of the

degree of the coif, or any of the courts aforesaid, in the

vacation time, upon view of the copy or copies of the war-

rant or warrants of commitment or detainer, or upon oath

made that such copy or copies were denied as aforesaid,

shall deny any writ of habeas corpus by this act required to

be granted, being moved for as aforesaid, they shall sever-

ally forfeit to the prisoner or party grieved the sum of five

hundred pounds, to be recovered in manner aforesaid.

XI. And be it declared and enacted by the authority

aforesaid, That an habeas corpus according to the true

intent and meaning of this act, may be directed and run

into any county palatine, the cinque-ports, or other privi-

leged places within the kingdom of England, dominion of

Wales, or town of Berwick upon Tweed, and the islands of

Jersey or Guernsey; any law or usage to the contrary

notwithstanding.

XII. And for preventing illegal imprisonments in pris-

ons beyond the seas; (2) be it further enacted by the

authority aforesaid, That no subject of this realm than now

is, or hereafter shall be an inhabitant or resiant of this king-

dom of England, Dominion of Wales, or town of Berwick

upon Tweed, shall or may be sent prisoner into Scotland,

Ireland, Jersey, Guernsey, Tangier, or into parts, garrisons,

islands or places beyond the seas, which are or at any time

hereafter shall be within or without the dominions of his

Majesty, his heirs or successors; (3) and that every such

imprisonment is hereby enacted and adjudged to be ille-

gal; (4) and that if any of the said subjects now is or here-

after shall be so imprisoned, every such person and

persons so imprisoned, shall and may for every such

imprisonment maintain by virtue of this act an action or

actions of false imprisonment, in any of his Majesty’s courts

of record, against the person or persons by whom he or she

shall be so committed, detained, imprisoned, sent prisoner

or transported, contrary to the true meaning of this act,

and against all or any person or persons that shall frame,

contrive, write, seal or countersign any warrant or writing

for such commitment, detainer, imprisonment or trans-

portation, or shall be advising, aiding, or assisting in the

same, or any of them; (5) and the plaintiff in every such

action, shall have judgment to recover his treble costs,

besides damages, which damages so to be given, shall not

be less than five hundred pounds; (6) in which action no

delay stay or stop of proceeding by rule, order or com-

mand, nor no injunction, protection or privilege whatso-

ever, nor any more than one imparlance shall be allowed,

excepting such rule of the court wherein the action shall

depend, made in open court, as shall be thought in justice

necessary, for special cause to be expressed in the said rule;

(7) and the person or persons who shall knowingly frame,

contrive, write, seal or countersign any warrant for such

commitment, detainer, or transportation, or shall so com-

mit, detain, imprison or transport any person or persons

contrary to this act, or be any ways advising, aiding or

assisting therein, being lawfully convicted thereof, shall be

disabled from thenceforth to bear any office of trust or

profit within the said realm of England, dominion of

Wales, or town of Berwick upon Tweed, or any of the

islands, territories or dominions thereunto belonging; (8)

and shall incur and sustain the pains, penalties and forfei-

tures limited, ordained and provided in and by the statute

of provision and praemunire made in the sixteenth year of

King Richard the Second; (9) and be incapable of any par-

don from the King, his heirs or successors, of the said for-

feitures, losses or disabilities, or any of them.

XIII. Provided always, That nothing in this act shall

extend to give benefit to any person who shall by contract

in writing agree with any merchant or owner of any plan-

tation, or other person whatsoever, to be transported to

any parts beyond the seas, and receive earnest upon such

agreement, although that afterwards such person shall

renounce such contract.

XIV. Provided always, and be it enacted, That if any

person or persons lawfully convicted of any felony, shall in

open court pray to be transported beyond the seas, and the

court shall think fit to leave him or them in prison for that

purpose, such person or persons may be transported into

any parts beyond the seas; this act or any thing therein con-

tained to the contrary notwithstanding.

XV. Provided also, and be it enacted, That nothing

herein contained shall be deemed, construed or taken, to

extend to the imprisonment of any person before the first

day of June one thousand six hundred seventy and nine, or

to any thing advised, procured, or otherwise done, relating

The Development of Political, Religious, and Social Institutions in the Colonies 205

to such imprisonment; any thing herein contained to the

contrary notwithstanding.

XVI. Provided also, That if any person or persons at

any time resiant in this realm, shall have committed any

capital offence in Scotland or Ireland, or any of the islands,

or foreign plantations of the King, his heirs or successors,

where he or the ought to be tried for such offence, such

person or persons may be sent to such place, there to

receive such trial, in such manner as the same might have

been used before the making of this act; any thing herein

contained to the contrary notwithstanding.

XVII. Provided also, and be it enacted, That no person

or persons shall be sued, impleaded, molested, or troubled

for any offence against this act, unless the party offending

be sued or impleaded for the same within two years at the

most after such time wherein the offence shall be commit-

ted, in case the party grieved shall not then in prison; and

if he shall be in prison, then within the space of two years

after the decease of the person imprisoned, or his or her

delivery out of prison, which shall first happen.

XVIII. And to the intent no person may void his trial

at the assizes or general gaol-delivery, by procuring his

removal before the assizes, at such time as he cannot be

brought back to receive his trial there; (2) be it enacted,

That after the assizes proclaimed for that county where the

prisoner is detained, no person shall be removed from the

common gaol upon any habeas corpus granted in pur-

suance of this act, but upon any such habeas corpus shall

be brought before the judge of assize in open court, who is

thereupon to do what to justice shall appertain.

XIX. Provided nevertheless, That after the assizes are

ended, any person or persons detained, may have his or

her habeas corpus according to the direction and intention

of this act.

XX. And be it also enacted by the authority aforesaid,

That if any information, suit or action shall be brought or

exhibited against any person or persons for any offence

committed or to be committed against the form of this law,

it shall be lawful for such defendants to plead the general

issue, that they are not guilty, or that they owe nothing, and

to give such special matter in evidence to the jury that shall

try the same, which matter being pleaded had been good

and sufficient matter in law to have discharged the said

defendant or defendants against the said information, suit

or action, and the said matter shall be then as available to

him or them, to all intents and purposes, as if he or they had

sufficiently pleaded, set forth or alledged the same matter

in bar or discharge of such information suit or action.

XXI. And because many times persons charged with

petty treason or felony, or as accessaries thereunto, are

committed upon suspicion only, whereupon they are bail-

able, or not, according as the circumstances making out

that suspicion are more or less weighty, which are best

known to the justices of peace that committed the persons,

and have the examination before them, or to other justices

of the peace in the county; (2) be it therefore enacted,

That where any person shall appear to be committed be

any judge or justice of the peace and charged as accessary

before the fact, to any petty treason or felony, or upon sus-

picion thereof, or with suspicion of petty treason or felony,

which petty treason or felony shall be plainly and specially

expressed in the warrant of commitment, that such person

shall not be removed or bailed by virtue of this act, or in

any other manner than they might have been before the

making of this act.

Source:

Statutes of the Realm, 22 Charles II.

William Penn, Frame of

Government, 1682

Liberal governmental structure drawn up and issued (April 25,

1682) by William Penn, an English Quaker and founder of the

proprietary colony of Pennsylvania. It provided for a governor

(the proprietor or his deputy), a council (where the governor

served as presiding officer and had three votes), and an assem-

bly. The council had 72 members, of whom a third were to be

elected by the colony’s freemen each year, while the assembly

had 200 to 500 members, elected annually by the freemen.

The governor and council held broad governing powers,

including the ability to initiate legislation, and the assembly’s

vote was to ratify or reject legislation. Penn’s plan also pro-

vided for friendly relations with the Native Americans and reli-

gious freedom.

________________________

_______________________

The Preface

When the great and wise God had made the world of all

His creatures, it pleased him to choose man His deputy to

rule it; and to fit him for so great a charge and trust, He did

not only qualify him with skill and power but with integrity

to use them justly. This native goodness was equally his

honor and his happiness; and while he stood here, all went

well. There was no need of coercive or compulsive means;

the precept of divine love and truth, in his bosom, was the

guide and keeper of his innocency. But lust prevailing

against duty made a lamentable breach upon it; and the

law, that before had no power over him, took place upon

him, and his disobedient posterity, that such as would not

live conformable to the holy law within should fall under

the reproof and correction of the just law without in a judi-

cial administration.

This the apostle teaches in diverse of his epistles:

“The law (says he) was added because of transgression.”

206 ERA 2: Colonization and Settlement

In another place, “Knowing that the law was not made for

the righteous man but for the disobedient and ungodly,

for sinners, for unholy and profane, for murderers, for

whoremongers, for them that defile themselves with

mankind, and for man-stealers, for liars, for perjured per-

sons,” etc., But this is not all; he opens and carries the

matter of government a little further: “Let every soul be

subject to the higher powers; for there is no power but of

God. The powers that be are ordained of God; whosoever

therefore resisteth the power, resisteth the ordinance of

God. For rulers are not a terror to good works but to evil;

wilt thou then not be afraid of the power? Do that which

is good, and thou shalt have praise of the same.” “He is the

minister of God to thee for good.” “Wherefore ye must

needs be subject, not only for wrath but for conscience

sake.”

This settles the divine right of government beyond

exception, and that for two ends: first, to terrify evildoers;

second, to cherish those that do well, which gives govern-

ment a life beyond corruption and makes it as durable in

the world, as good men shall be; so that government seems

to me a part of religion itself, a thing sacred in its institu-

tion and end. For, if it does not directly remove the cause,

it crushes the effects of evil, and is as such (though a lower,

yet) an emanation of the same Divine Power that is both

author and object of pure religion; the difference lying

here, that the one is more free and mental, the other more

corporal and compulsive in its operations. But that is only

to evildoers; government itself being otherwise as capable

of kindness, goodness, and charity as a more private society.

They weakly err that think there is no other use of gov-

ernment than correction, which is the coarsest part of it.

Daily experience tells us that the care and regulation of

many other affairs, more soft and daily necessary, make up

much of the greatest part of government; and which must

have followed the peopling of the world, had Adam never

fell, and will continue among men on earth under the

highest attainments they may arrive at, by the coming of

the blessed Second Adam, the Lord from heaven. Thus

much of government in general, as to its rise and end.

For particular frames and models, it will become me

to say little; and comparatively I will say nothing. My rea-

sons are:

First, that the age is too nice and difficult for it, there

being nothing the wits of men are more busy and divided

upon. It is true, they seem to agree to the end, to wit, hap-

piness; but, in the means, they differ as to divine, so to this

human felicity; and the cause is much the same, not always

want of light and knowledge, but want of using them

rightly. Men side with their passions against their reason,

and their sinister interests have so strong a bias upon their

minds that they lean to them against the good of the things

they know.

Second, I do not find a model in the world that time,

place, and some singular emergencies have not necessarily

altered; nor is it easy to frame a civil government, that shall

serve all places alike.

Third, I know what is said by the several admirers of

monarchy, aristocracy, and democracy, which are the rule

of one, a few, and many, and are the three common ideas

of government, when men discourse on the subject. But I

choose to solve the controversy with this small distinction,

and it belongs to all three: Any government is free to the

people under it (whatever be the frame) where the laws

rule, and the people are at party to those laws, and more

than this is tyranny, oligarchy, or confusion.

But, lastly, when all is said, there is hardly one frame

of government in the world so ill designed by its first

founders that, in good hands, would not do well enough;

and story tells us the best, in ill ones, can do nothing that

is great or good—witness the Jewish and Roman states.

Governments, like clocks, go from the motion men give

them; and as governments are made and moved by men,

so by them they are ruined too. Wherefore, governments

rather depend upon men than men upon governments.

Let men be good, and the government cannot be bad; if it

be ill, they will cure it. But, if men be bad, let the govern-

ment be never so good, they will endeavor to warp and

spoil it to their turn.

I know some say let us have good laws, and no matter

for the men that execute them; but let them consider that

though good laws do well, good men do better; for good

laws may want good men, and be abolished or evaded by

ill men; but good men will never want good laws, nor suf-

fer ill ones. It is true, good laws have some awe upon ill

ministers, but that is where they have not power to escape

or abolish them, and the people are generally wise and

good; but a loose and depraved people (which is the ques-

tion) love laws and an administration like themselves. That,

therefore, which makes a good constitution must keep it,

viz.: men of wisdom and virtue, qualities, that because they

descend not with worldly inheritances must be carefully

propagated by a virtuous education of youth; for which

after ages will owe more to the care and prudence of

founders, and the successive magistracy, than to their par-

ents, for their private patrimonies. These considerations of

the weight of government, and the nice and various opin-

ions about it, made it uneasy to me to think of publishing

the ensuing frame and conditional laws, foreseeing both

the censures they will meet with, from men of differing

humors and engagements, and the occasion they may give

of discourse beyond my design.

But, next to the power of necessity (which is a solici-

tor that will take no denial) this induced me to a compli-

ance that we have (with reverence to God, and good

conscience to men) to the best of our skill, contrived and

The Development of Political, Religious, and Social Institutions in the Colonies 207

composed the frame and laws of this government, to the

great end of all government, viz.: To support power in rev-

erence with the people, and to secure the people from the

abuse of power; that they may be free by their just obedi-

ence, and the magistrates honorable, for their just admin-

istration; for liberty without obedience is confusion, and

obedience without liberty is slavery. To carry this evenness

is partly owing to the constitution, and partly to the magis-

tracy; where either of these fail, government will be sub-

ject to convulsions; but where both are wanting, it must be

totally subverted; then where both meet, the government

is like to endure. Which I humbly pray and hope God will

please to make the lot of this of Pennsylvania. Amen.

The Frame

To all persons to whom these presents may come.

Whereas, King Charles II, by his letters patents, under

the great seal of England, bearing date the 4th day of

March in the thirty-and-third year of the King, for diverse

considerations therein mentioned, hath been graciously

pleased to give and grant unto me, William Penn, by the

name of William Penn, Esquire, son and heir of Sir

William Penn, deceased, and to my heirs and assigns for-

ever, all that tract of land, or province, called Pennsylvania,

in America, with diverse great powers, preeminences, roy-

alties, jurisdictions, and authorities necessary for the well-

being and government thereof: Now know ye, that for the

well-being and government of the said province, and for

the encouragement of all the freemen and planters that

may be therein concerned, in pursuance of the powers

aforementioned, 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, these liberties, franchises, and properties, to

be held, enjoyed and kept by the freemen, planters, and

inhabitants . . . forever.

Imprimis, that the government of this province shall,

according to the powers of the patent, consist of the gover-

nor and freemen of the said province, in form of a provincial

Council and General Assembly, by whom all laws shall be

made, officers chosen, and public affairs transacted, as is

hereafter respectively declared, that is to say—

II. That the freemen of the said province shall, on the

20th day of the twelfth month, which shall be in this pre-

sent year 1682, meet and assemble in some fit place, of

which timely notice shall be beforehand given by the gov-

ernor or his deputy; and then and there shall choose out of

themselves seventy- two persons of most note for their wis-

dom, virtue, and ability, who shall meet, on the 10th day of

the first month next ensuing, and always be called, and act

as, the provincial Council of the said province.

III. That, as the first choice of such provincial Coun-

cil, one-third part of the said provincial Council shall be

chosen to serve for three years, then next ensuing; one-

third part, for two years then next ensuing; and one-third

part, for one year then next ensuing such election, and no

longer; and that the said third part shall go out accordingly.

And on the 20th day of the twelfth month, as aforesaid,

yearly forever afterward, the freemen of the said province

shall, in like manner, meet and assemble together, and

then choose twenty-four persons, being one-third of the

said number, to serve in provincial Council for three years;

it being intended that one-third part of the whole provin-

cial Council (always consisting, and to consist, of seventy-

two persons, as aforesaid) falling off yearly, it shall be

yearly supplied by such new yearly elections, as aforesaid;

and that no one person shall continue therein longer than

three years. And, in case any member shall decease before

the last election during his time, that then at the next elec-

tion ensuing his decease, another shall be chosen to supply

his place for the remaining time he was to have served and

no longer.

IV. That after the first seven years, every one of the

said third parts, that goeth yearly off, shall be incapable of

being chosen again for one whole year following; that so all

may be fitted for government, and have experience of the

care and burden of it.

V. That the provincial Council, in all cases and matters

of moment, as their arguing upon bills to be passed into

laws, erecting courts of justice, giving judgment upon

criminals impeached, and choice of officers, in such man-

ner as is hereinafter mentioned, not less than two-thirds of

the whole provincial Council shall make a quorum, and

that the consent and approbation of two-thirds of such

quorum shall be had in all such cases and matters of

moment. And moreover that, in all cases and matters of

lesser moment, twenty-four members of the said provin-

cial Council shall make a quorum, the majority of which

twenty-four shall, and may, always determine in such cases

and causes of lesser moment.

VI. That in this provincial Council, the governor or his

deputy shall or may always preside, and have a treble

voice; and the said provincial Council shall always continue

and sit upon its own adjournments and committees.

VII. That the governor and provincial Council shall

prepare and propose to the General Assembly, hereafter

mentioned, all bills which they shall, at any time, think fit

to be passed into laws, within the said province; which bills

shall be published and affixed to the most noted places, in

the inhabited parts thereof, thirty days before the meeting

of the General Assembly, in order to the passing them into

laws or rejecting of them, as the General Assembly shall

see meet.

208 ERA 2: Colonization and Settlement

VIII. That the governor and provincial Council shall

take care that all laws, statutes, and ordinances, which shall

at any time be made within the said province, be duly and

diligently executed.

IX. That the governor and provincial Council shall, at

all times, have the care of the peace and safety of the

province, and that nothing 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 country, modeling 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 punish 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. That the governor and provincial Council shall

erect and order all public schools, and encourage and

reward the authors of useful sciences and laudable inven-

tions 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 commit-

tees for the more easy administration of the affairs of the

province, which divides the seventy-two into four eigh-

teens, every one of which eighteens 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 fol-

loweth: First, a committee of plantations, to situate and

settle cities, ports, and market towns, and highways, and to

hear and decide all suits and controversies relating to plan-

tations. Second, a committee of justice and safety, to

secure the peace of the province, and punish the malad-

ministration of those who subvert justice to the prejudice

of the public, or private, interest. Third, a committee of

trade and treasury, who shall regulate all trade and com-

merce according to law, encourage manufacture and coun-

try growth, and defray the public charge of the province.

And, fourth, 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 5th 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 either 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.

XIV. And to the end that all laws prepared by the gov-

ernor 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 provincial Council, as

aforesaid, the said freemen shall yearly choose members to

serve in a General Assembly, as their representatives, not

exceeding 200 persons, who shall yearly meet on the 20th

day of the second month, which shall be in the year 1683

following, in the capital town or city of the said province,

where, during eight days, the several members may freely

confer with one another; and, if any of them see meet, with

a committee 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 hereinafter is

expressed. But not less than two-thirds shall make a quo-

rum 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 afore-

said, that are assented to by the General Assembly, shall be

enrolled as laws of the province, with this style: By the gov-

ernor, 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 a

universal satisfaction in the laying 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 200 shall be enlarged as the country shall

increase in people, so as it do not exceed 500 at any time.

The appointment and proportioning of which, is 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

The Development of Political, Religious, and Social Institutions in the Colonies 209

in the power of the provincial Council to propose, and the

General Assembly to resolve.

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 13th 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 next year

ensuing. And the freemen of the said province, in the

country courts, when they shall be erected, and till then in

the General Assembly, shall, on the 23rd 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 ensu-

ing; out of which respective elections and presentments,

the governor or his deputy shall nominate and commis-

sionate the proper number for each office, the third day

after the said presentments, or else the first named 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 requires some immediate settlement, and admits

not of so quick a revolution of officers; and to the end the

said province may, with all convenient speed, be well

ordered and settled. I, William Penn, do therefore think fit

to nominate and appoint such persons for judges, treasur-

ers, 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 commission for the said

offices, 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 respec-

tively granted, and no longer. And upon the decease or dis-

placing of any of the said officers, the succeeding officer or

officers, shall be chosen, as aforesaid.

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 gover-

nor 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 provincial Council at any time

during that year, if the said provincial Council shall see

occasion for their so assembling.

XX. That all the elections of members, or representa-

tives of the people, to serve in provincial Council and Gen-

eral Assembly, and all 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 impeach-

ments 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

indispensable 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 com-

missioners 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, men-

tioned in any article of this charter, shall fall upon the first

day of the week, commonly called the Lord’s Day, the busi-

ness appointed for that day shall be deferred 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, without the consent of the gov-

ernor, his heirs, or assigns, and six parts of seven of the said

freemen in provincial Council 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 anything or things, whereby the liber-

ties in this charter contained and expressed shall be

infringed or broken; and if anything 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 25th day of the second month, vulgarly

called April, in the year of Our Lord 1682.

Source:

James Otis. The Annals of America. Chicago: Encyclopaedia Bri-

tannica, 1926–87.

210 ERA 2: Colonization and Settlement

Charter of Liberties of 1683

Document enacted in 1683 by the New York Colony’s first gen-

eral (representative) assembly under English rule (under

Thomas Dongan). The charter placed legislative power in the

assembly, a council, and the governor. Written chiefly by the

assembly speaker, Matthias Nicolls, it stipulated that the con-

sent of the assembly, which was to meet no less than once

every three years, was required for the imposition of taxes. The

right to vote was given to all freeman; freedom of worship and

trial by jury were guaranteed; and bases of landowning, inher-

itance, and court law were stated in the charter. Never fully

confirmed, the charter became inoperative when King James II

disapproved of it upon ascending to the English throne in 1685.

Colonel Thomas Dongan, English colonial governor of

New York, granted and signed a charter of government to the

people of the city of New York in 1686. It supplanted the

1683 Charter of Liberties and established a municipal govern-

ment consisting of six aldermen and various other officials—

all to be elected by freemen (citizens) of the town; the

governor, however, was to appoint the mayor, recorder, clerk,

and sheriff. The merchant class won a larger measure of home

rule through the Dongan charter, which was rather liberal at

times in furthering civil rights. Dongan granted similar charters

to some Long Island towns, Schenectady, and Albany (whose

similarly named Dongan charter confirmed upon it a

monopoly of the fur trade). New York City’s Dongan charter

was in force until 1731.

That year, Governor John Montgomerie granted a colonial

charter of government to the city of New York. It expanded the

city’s governing powers. The early municipal government

empowered by this charter was similar to that of many bor-

oughs (self-governing, incorporated towns) in Britain at the

time. New York City’s mayor remained an appointed and

unsalaried official; the city, however, in addition to gaining

some judicial powers, was given control over the establish-

ment of ferries and docks and the construction of public build-

ings. The charter was in force until 1830.

________________________

_______________________

FFOR The better Establishing the Government of this

province of New Yorke and that Justice and Right may be

Equally done to all persons within the same

BEE It Enacted by the Governour Councell and Repre-

sentatives now in General Assembly mett and assembled

and by the authority of the same.

1. —THAT The Supreme Legislative Authority under

his Majesty and Royall Highnesse James Duke of Yorke

Albany &c Lord proprietor of the said province shall for-

ever be and reside in a Governour, Councell, and the peo-

ple mett in Generall Assembly.

2. —THAT The Exercise of the Cheife Magistracy and

Administracon of the Government over the said province

shall bee in the said Governour assisted by a Councell with

whose advice and Consent or with at least four of them he

is to rule and Governe the same according to the Lawes

thereof.

3. —THAT In Case the Governour shall dye or be

absent out of the province and that there be noe person

within the said province Comissionated by his Royall

Highnesse his heires or Successours to be Governour or

Comander in Cheife there That then the Councell for the

time being or Soe many of them as are in the Said

province doe take upon them the Administracon of the

Governour and the Execucon of the Lawes thereof and

powers and authorityes belonging to the Governour and

Councell the first in nominacon in which Councell is to

preside untill the said Governour shall returne and arrive

in the said province againe, or the pleasure of his Royall

Highnesse his heires or Successours Shall be further

knowne.

4. —THAT According to the usage Custome and prac-

tice of the Realme of England a sessions of a Generall As-

sembly be held in this province once in three yeares at least.

5. —THAT Every ffreeholder within this province and

ffreeman in any Corporacon Shall have his free Choise and

Vote in the Electing of the Representatives without any

manner of constraint or Imposicon. And that in all Elec-

cons the Majority of Voices shall carry itt and by freehold-

ers is understood every one who is Soe understood

according to the Lawes of England.

6. —THAT The persons to be Elected to sitt as repre-

sentatives in the Generall Assembly from time to time for

the severall Cittyes townes Countyes Shires or Divisions of

this province and all places within the same shall be

according to the proporcon and number hereafter

Expressed that is to say for the Citty and County of New

Yorke four, for the County of Suffolke two, for Queens

County two, for Kings County two, for the County of Rich-

mond two for the County of West Chester two, for the

County of Ulster two for the County of Albany two and for

Schenectade within the said County one for Dukes County

two, for the County of Cornwall two and as many more as

his Royall Highnesse shall think fitt to Establish.

7. —THAT All persons Chosen and Assembled in

manner aforesaid or the Major part of them shall be

deemed and accounted the Representatives of this

province which said Representatives together with the

Governour and his Councell Shall forever be the

Supreame and only Legislative power under his Royall

Highnesse of the said province.

8. —THAT The said Representatives may appoint

their owne Times of meeting dureing their sessions and

The Development of Political, Religious, and Social Institutions in the Colonies 211