Laws, & making alteraons as they could agree, & believed nothing wold be offered this forenoone. Adjourned till 4 a Clock afternoone. His Excell. in Councill, having tarryed two hours, did order Mr. Jamison to wait upon the house of representatives to know if they had any thing to offer wt'in this halfe houre. Mr. Speaker ansred, that they only tarryed for their Clark, who wold verie soon have done with his writing. Adjourned to 8 a Clock morrow morning. [24th May, 1693. Att a Council held att philadelphia on Wednesday the 24th May, 1693. Andrew Robeson & Wm. Clarke, Esqrs, did return, That in pursuance of the order of Councill yesterday, they did demand of Mr. Loyd, Late Mr. of the Rolls, either to bring or send the rolls of the former laws of the province to the Governor and Councill, and that his ansr was: That hee never did enroll anie Laws; there was not, nor hath hee ever had anie warrant for soe doeing. The Door keeper told his Excell. that a mesenger from the house of representatives comes to know if the Goverr be readie to receive ym, who was answered that his Excell. had been readie these two hours. Mr. Speaker and the house of representatives being present, Mr. Speaker said: May it please the Gor to excuse our delays, for wee are putt upon new methods, which we are not yet acquainted with, and are not Negligent nor Disrespectful to the Governor; Wee have had about 200 Laws to review: Wee have now brought thee a Bill, which wee desire the Governor will be pleased to pass into an Act. His Excell. What is the title of it? Mr. Speaker read a direction to the Governor, with his titles. Mr. Speaker. It is our desire that the Governor would Confirm our former Laws to us. If the Governor pleases to give me Leave to read it. Granted. To Benjamin Fletcher, Capt. Generall and Governor in Chief in and over the Province of Pennsilvania and Countrey of New Castle, &c. Wee, the freemen of the sd Province & Countrey in generall assembly mett, humblie Shew: That Whereas, the Late King Charles the 2d, in the 33d year of his reign, by his letters patents under the great Seal of England, did for the consideraon therein mentned, grant unto Wm. Penn & his assigns, this Colonie or tract of Land, thereby erecting the same into a province, calling it pennsilvania, and Constituting the sd Wm. penn absolute proprietarie of sd province; (saving amongst other things the sovereignty thereof;) Thereby also granting unto the sd Wm. penn, his deputies or Livets, by virtue of the said Royall Charter, full, free, & absolute power, by and with the assent of the freemen of the sd province, to make, enact, and publish any Laws whatsoever, for anie end, appertaining either to the publick state, peace, or Safetie of the sd Countrey, or unto the private utilitie of particular persons, according to their best discretion; Which Laws, so as aforesaid made and published, the sd Late King did by the same enjoyn, require & command, should be most absolute and available in Law, and that all the Leige people and subjects of the said Late king, his Heirs & successors, should observe and keep the same inviolable in these parts; But that the Laws for regulating & governing propertie within this province, and Likewise as to felonies, might be & continue the same as they should be for the time being, by the generall course of the Law of England, Untill the said Laws should be altered by the sd Wm. Penn, and by the freemen of the said province, their delegates or deputies, or the greater part of them: And to the end the sd Wm. Penn or the inhabitants of this province, might not att anie time therafter, by misconstruction or colour of the powers aforesaid, or by pretence of the said Laws thereafter to be made, should thro inadvertencie or design, depart from that faith or allegiance which by the Laws of England they and the king's Subjects in his dominions allwayes owe to him, his heirs & successors, Hee the said Late king, did by his sd Lrs patents, declare it to be his will & pleasure, that a duplicate of all the Laws so as aforesaid made & published, should, within five years after the making thereof, be transmitted and delivered to the king's privie Councill for the time being; and if anie of the sd Laws within the space of six Mo's. after (by the said king, his heirs or Successors, or his or their privie Councill,) inconsistent with the Sovereignty or Laull prerogative of the sd king, his Heirs & Successors, or contrarie to the faith and allegiance due to the legall government of England from the said Wm. penn, or the planters and Inhabitants of the said province, and that therupon any of the ed Laws wer adjudged and declared to be void by the said king, his heirs & successors, under his or their privie seal, That then, and from thenceforth, such Laws concerning which the said Judgment and declaraon wer made, should become void, otherwise the Law so transmitted should remain and stand in full force, according to the true intent & meaning thereof; By virtue of which Letters patent, and pursuant to the powers, provisoes, and Restrictions therin specified, divers reasonable and wholesome Laws wer made, transmitted and presented to the said King and privie Councill: And wheras, the King and Queen that now are over England, &c., by their Lres patents, under their great Seal, dated the 21st of Octobr, in the 4th year of their reign, having for the reasons therin mentioned, taken the government of this province and Countrie into their owne hands, & under their immediate care & protection, did think fitt to constitute and appoint thee, the sd Benjamin Fletcher, to be their Capt. Generall & Governor in Chiefe in & over the same, Thereby requiring thee among other things, to doe & execute all things in due manner that shall belong to thy command & the trust reposed in thee by the sd King & Queen, according to such reasonable Laws & Statutes as then wer in force, or thereafter should be made and agreed upon by thee, with the advice and consent of the Councill & Assemblie of this Countrie. Now, forasmuch as the Laws of this govermt soe made & transmitted as aforesaid, Have not been hitherto adjudged or declared, (either by the Late king & Councill, or by his Successors, the sd king & Queen, and their Councill, under his or their privie Seal,) to be void, soe that such of the sd Laws as wer not discontinoued or repealed by the Legislative authoritie of this govermt are still in force. And seeing it hath pleased the king & Queen so tenderlie to regard the happy govermt and comfort, as well as protection of this province & Countrie, as to Conserve these our Laws and Constitutions, so fittlie accommodated to our circumstances, with respect to tender Consciences, as well as Commerce and Cultivation, Wee can doe no Less than with gratitude & sinceritie acknowledge their Royall bountie and peculiar favour therin, Earnestlie desiring that thou wold be pleased, according to the Tenor and most favourable direction of thy commission, to govern us & cause the administraon of Justice within this governmt to be agreeable with these following Laws, which are now in force, as aforesaid, Viz: The first Chapter of Laws, concerning Libertie of Conscience. The 5th & 85th, agt profane speaking. The 6th, against Cursing. The 7th, against adultery. The 8th, against Incest. The 12th, 83d & 169th, agt drunkennes & drunkards. The 14th, agt drinking Healths. The 20, agt Rioters. The 22d, agt Menacing of Magistrats. The 24th, agt assaults. The 26th & 27th, agt rude sports, plays & games. The 35th, about the dayes of the weeks & Mo's. The 45th & 46th, about wills. The 54th, about prisons. The 56th, about the manner of punishment. The 59th, about Taxes. The 66th, about Summons and Court proceedings. The 77th, about Orphans Court. The 80th, about 7 years quiet possession. The 82d, about Counterfittings hands or Sealls. The 90th, about taking away boats or Cannoes. The 11th, Against polygamy. The 13th, agt such as suffer drunkennes in their houses. The 17th, agt breaking into houses. The 19th, agt forcible entrie. The 21st, agt menacing parents. The 25th, agt Challenging to fight. The 55th, about false imprisonment. The 64th, about Libertie & propertie. The 72d, agt derogators of Judgments of Courts. The 84th, about Vending pype staves. The 91st and 184, about fences. The 101st, About the house of Correction. The 134th, About passes. The 136th, About attaching & passes. The 146th, About sumons of juries. The 164th & 165, about robbing & stealing. The 177th, About Juries not appearing, The 178th, About removing Land marks. The 188th, About the sale of intestates' Land by the widow or admr. The 190th, About the dyke at New castle. The 199th, About rangers. The 201st, About the registrie keept by religious societies. The 203d, Concerning the Surveyor generll's fees. The 100d, About Cart wayes. The 102d, About weights & measures. The 118th, Agt murder. The 120th, About fornication. The 126th, About bills of exchange. The 122d, About trusting mariners. The 134th, About selling serwants out of the province. The 137th, About Harbouring servants. The 157 & 180, about runaway servants. The 144th, for Countrie produce to be Currt pay. The 149th, about exporting horses. The 156th, about monthlie Courts. The 169th, about Licenses for ordinaries, and agt disorders in alehouses. The 181st, about debts payable in Country produce. The 187th, about Usury. The 189th, about taking Land in execution for debts, &c. The 194th, Agt wittnesses refusing to give evidence, being sumoned. The 200d, About determining debts under 40s. All which said Laws and Chapters, & everie part yrof, Wee Humblie desire that thou will be pleased to cause thy officers & ministers to observe and putt in due exccuon, as they tender the Honour of God, the king's Comands, the prosperitie of this government, and the rights and Liberties of the free people therof. Sigred in behalf of the House. JOS. GROWDON, Speaker. His Excell. Mr Speaker, Leave it with me. This is a tedious bussines and all to no purpose: where are the rolls of this Laws? You have brought me no Bill; And I am informed that these Laws wer never transmitted to the king, nor confirmed by him. This is now the tenth day of your sessions, and all you bring me is a List of titles. Mr Speaker. I doc conceive Some of our Laws wer enrolled & presented to the king, & the king and Queen doe allow that wee have reasonable Laws, in the Govrs Comission. His Excell. You have the Queen's Letter with you for a supply towards your defence, and I doc not see that you have done anie thing in Complyance therwith. I must begone and Leave you, Since I |