bills as they or the major part of them shall at any time see needful to be passed into laws, within the said province and territories.

Provided always that nothing herein contained shall debar the Governor and Council from recommending to the Assembly, all such bills as they shall think fit to be passed into laws; and that the Council and Assembly may, upon occasion, confer together in committees when desired; all which proposed and prepared bills, or such of them as the Governor with the advice of the Council shall in open Assembly declare his assent unto, shall be the laws of this province and territories thereof, and published accordingly with this stile: By the Governor, with the assent and Approbation of the freemen in General Assembly met; a true transcript or duplicate whereof shall be transmitted to the kings privy council for the time being, according to the said late kings letters patent.

And be it further enacted, by the authority aforesaid, That the Assembly shall sit upon their own adjournments, and committees, and continue in order to prepare and propose bills, redress grievances, and impeach criminals, or such persons as they shall think fit to be there impeached, until the Governor and Council for the time being shall dismiss them; which Assembly shall notwithstanding such dismiss, be capable of assembling together upon the summons of the Governor and Council, at any time during that year; two thirds of which Assembly, in all cases, shall make a quorum.

And be it enacted, by the authority aforesaid, That all elections of representatives, for Council and Assembly, and all questions to be determined by them, shall be by the major part of votes.

Be it further enacted, by the authority aforesaid, That as oft as any days of the month mentioned in any article of this act, shall fall upon the first day of the week, commonly called the Lords day, the business appointed for that day, shall be deferred till the next day, unless in cases of emergency.

Be it further enacted, by the authority aforesaid, That if any alien, who is or shall be a purchaser of lands, or who doth, or shall inhabit in this province, or territories thereof, shall decease at any time before hecan well be denizised, his right and interest therein shall, notwithstanding, descend to his wife and children, or other his relations, be he testate or intestate, according to the laws of this province and territories thereof, in such cases provided, in as free and ample manner, to all intents and purposes, as if the said alien had been denizised.

And that the people may be accommodated with such food and sustenance, as God in his providence hath freely afforded; Be it enacted, by the authority aforesaid, That the inhabitants of this province and territories thereof, shall have liberty to fish and hunt upon the lands they hold, or all other lands therein, not enclosed, and to fish in all waters in the said lands, and in all rivers and rivulets, in and belonging to this province and territories thereof, with liberty to draw his or their fish upon any mans land, so as it be not to the detriment or annoyance of the owner thereof, except such lands as do lie

upon inland rivulets, that are not boatable, or which hereafter may be erected into manors.

Be it further enacted, by the authority aforesaid, That all inhabitants of this province and territories, whether purchasers or others, and every one of them shall have full and quiet enjoyment of their respective lands and tenements, to which they have any lawful or equitable claim, saving only such rents and services for the same, as are or customarily ought to be reserved to the lord or lords of the fee thereof respectively.

Be it further enacted, by the authority aforesaid, That no act, law, or ordinance whatsoever, shall at any time hereafter, be made or done by the Governor of this province and territories thereunto belonging, or by the freemen in Council or Assembly, to alter, change or diminish the form and effect of this act, or any part or clause thereof, 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 said freemen in Council and Assembly met. This act to continue and be in force, until the said Proprietary shall signify his pleasure to the contrary, by some instrument under his hand and seal in that behalf.

Provided always, and it is hereby enacted, That neither this act, nor any other act or acts whatsoever, shall preclude or debar the inhabitants of this province and territories, from claiming, having and enjoying, any of the rights, privileges and immunities, which the said Proprietary for himself, his heirs and assigns, did formerly grant, or which of right belong unto them the said inhabitants by virtue of any law, charter or grants whatsoever, any thing herein contained to the contrary notwithstanding.

The originals of the following named documents are not in the office of the Secretary of the commonwealth, viz:

Certain conditions and concessions agreed upon by William Penn and the first adventurers and purchasers in Pennsylvania.

The Frame of the Government of the Province of Pennsylvania, together with certain laws agreed upon in England.

The Frame of Government granted in 1683.

The Frame of Government passed by William Markham in 1696.

IOVRNAL

OF THE

COUNCELL OF THE PROVINCE OF PENSILVANIA,

AND

TERRITORIES THERE-UNTO BELONGING.

Att a councell held att Philadelphia the 10th of the first* Month, 1682-3.

PRESENT:

Wм. PENN, Proprietery and Governer of Pensilvania, and terri

tories annexed.

Christo. Taylor,

Edm Canholl,

Wm. Clayton,

Thomas Holmes,

Ralph Withers,

Wm. Biles,

Lasse Cock,

Jno. Simcox,

James Harison,

Jno. Richardson.

Jno. Hilliard,

Then the Sherifs of each County were called in, viz:

The Governer ordered that one speak at a time, standing up, wth his face to the chair.

A debate being about the balloting box, the question was putt whether the Ballot should be used in all cases? Past in y negative. The Question being putt whether they would have the ballot in all personall matters? resolved in the affirmative.

The Question being putt whether all Bills should be past into the Laws by Vote, resolved in the affirmative.

By the 41st Chapter of the acts of the first General Assembly of Pennsylvania, passed December 7th, 1682, it will appear that the first settlers of this state began the year on the first of March. The following is an accurate copy of the chapter referred to:

And bee it enacted by the Authority afores that y• days of ye week & yo months of ye year, Shall be called as in Scripture, & not by Heathen names, (as are vulgarly used,) as ye first, Second & Third daies of ye week, and first Second & Third months of ye year, begining with ye day called Sunday, & ye month called March.

VOL. I.-3.

The Returns of the Sherifs being read, wth the Petieons and Addresses of the ffreemen to the Governer, and finding therein that the People have amply vested their 12 Deligates out of each county wth power to act as the Provinciall Councelours & Generall Assembly, and it being proposed to the elected members aforesaid if they were chosen to serve in both those capacities, they answered they were: That is to say, three of each Twelve for the Provinciall Councill, and the remaining Nine of each Twelve to constitute the Generall Assembly, according to the returnes.

After the reading of the Returnes & Peticons, the Charter of Liberties was read.

Wch requiring a greater number than was chose to serve in Provinciall Councill & Generall Assembly, yet left to be explained and confirmed by the Governer, his heirs and assigns, and the Freemen of this Province and Territories in Provinciall Councill and Assembly mett, the Deputies of the ffreemen in Prov" Councell and Assembly do think the reason alladged in the Sherifs Returnes and Petieons of the ffreemen for not Chuseing more than 12 to serve in Prov" Councill and Generall Assembly, are sufficient, and that the seventy two now chosen & returned have in them the Power of the whole Freemen of this Province and Territories thereunto belonging, and so capable of serving as a provincial councill & Genrall Assembly. A member moving that the Govern' may be desired that this alteration may not hinder y people from the benefit of this Charter, because it seems thereby to be returned to him again by not being accepted as largely as Granted. The Governer answered, they might amend, alter, or add for the Publick good, and that he was ready to Settle such Foundations as might be for their happiness and the good of their Posterities, according to ye powers vested in him. The Numbers to be increased by the Govern' & Councill, Freemen in Prov1 Councill and Assembly mett.

Vpon the whole matter the Assembly went to chuse a Speaker. Adjourned till y 12th 1st Mo. 83.

Att a Councill held at Philadelphia the 12th of ye 1 Mo. 1683.

PRESENT:

WM. PENN, Propy & Govern' of Pensilvania & Counties annexed.

It being reported to the Govern' & Councill by several members of it, that Nicholas Moore, President to ye society of free Traders in