Fundamental Constitutions of Pennsylvania (1682)
Frame of Government as drafted by William Penn for the consent of the first adventurers and free holders of the Province (Penn Papers, The Historical Society of Pennsylvania; The Pennsylvania Magazine of History and Biography, Vol. XX. 1896. No. 3.):
<Preamble.
When it pleased Almighty God, the Creator and upholder of all things, to make man his great Governour of the World, he did not only endue him with excellent knowledge but an upright mind, so that his power over the Creation was balanced by an inward uprightness, that he might use it Justly: then was ye Law of light and truth written in his heart, and that was ye Guide and keeper of his Innocency; there was not need of any External precepts to direct or terrify him; but when he lent his ear to another voice, and followed his lust, and did the thing he was forbidden of God, the law was added, that is, the external law came to awe and terrify such as would not do the thing that was just according to the righteous law within themselves;
thus transgression introduced and occasioned the outward law, and that, Government, and both Magistracy, that thus that would not answer the righteous law within, might be compelled by an Impartial Execution of the righteous law without: wherefore the Apostle made it the end of Magistracy, to be a terror to evil doers, and a praise to them that do well.
Good Government then, is a Constitution of Just laws wisely set together for the well ordering of men in society, to prevent all Corruption or Justly to Correct it, wherein it is most evident That the Governors and Governed have but one interest by the Constitution: to wit preserving of right to all, and punishing corruption in all; which is the end of Government, and Consequently of Governors so that if any Governors shall set up another Interest to themselves then that which tends to preserving right to all and punishing evil in all; the Contradict the Constitution, and instead of serving Government, makes Government only serve to their avarice or Ambition this is that Corruption in mankind which Government is by Consent of all establish to Prevent.
If then Government itself be subservient to an higher end, to wit the general good, much more is it reasonable to believe that all Instruments and Forms of Government are to be subjected to that end, to which government itself is but a means.
This duly weighed, leads me to Consider, what is that manner or frame of Government that shall preserve Magistracy in reverence with the People and best keep it from being hurtful to them.
This is a matter of great weight, but once to be well done, and that is by the Founders of Governments. An error here is a successive mischief to the Governed in every age; and what troubles have followed in Ancient and present governments from this unskillfulness are rather to be lamented and avoided then in the least doubted.
I know not any greater helps from example in a business of this Moment, then an exact Consideration of the Government God established among the Jews what his Providence and the wisdom of our Ancestors have settled among us English, yet I should refuse the Assistants that may be yielded from wisdom of other Governments, whether Ancient Since the main thing in hand, is to lay such a foundation as may be most agreeable with right reason and Conducing to the end of government, to wit, the virtue peace and Prosperity of the People, to which all form and Customs ought to yield; For it were a most Condemnable superstition, to perpetuate anything for being Ancient or domestic that were not otherwise useful to this great end much less should follow those Copies if time has proved them hurtful instead of being beneficial to Societies.
Upon the whole matter this draft of Constitutions, I do for me and mine, in Honour to God and love to mankind give fix and Confirm so fair Forth as I by my Authorities granted to me in the King's Letters and Patients am enabled to do.
I Constitution.
Considering that it is impossible that any People or Government should ever prosper, where men render not unto God, that which is God's, as well as to Caesar that which is Caesar's; and also perceiving the disorders and Mischiefs that attend those places where force in matters of faith and worship, and seriously reflecting upon the tenure of the new and Spiritual Government, and that both Christ did not use force and that he did expressly forbid it in his holy Religion, as also that the Testimony of his blessed Messengers was, that the weapons of the Christian warfare were not Carnal but Spiritual;
And further weighing that this unpeopled Country can never be planted if there be not due encouragement given to sober people of all sorts to plant, and that they will not esteem anything a sufficient encouragement where they are not assured but that after all the Hazards of the sea, and the troubles Of a Wilderness, the Labour of their hands and sweet of their brows may be made the forfeit of their Conscience, and they and their wives and Children ruined because they worship God in some different way from that which may be more generally owned.
Therefore, In reverence to God the Father of lights and Spirits the Author as well as object of all divine knowledge, faith and worship I do hereby declare for me and mine and establish it for the first fundamental of the Government of my Country, that every Person that does or shall reside therein shall have and enjoy the Free Possession of his or her faith and exercise of worship towards God, in such way and manner As every Person shall in Conscience believe is most acceptable to God and so long as every such Person useth not this Christian liberty to Licentiousness, that is to say to speak loosely and prophainly of God Christ or Religion, or to Commit any evil in their Conversation, he or she shall be protected in the enjoyment of the aforesaid Christian liberty by ye civil Magistrate.
II Constitution.
Because Corruption of manners and remissness in Magistrates to punish Evil doers, by which means virtue often falls in the streets, have ever provoked God's heavy Displeasure against both Governors and People and that I cannot hope it should prosper better with me and mine and the People that do or shall Inhabit this Country if an effectual Care be not taken to prevent or appease the wrath of God by an impartial Execution of Justice upon every evil doer according to the law provided in such Cases;
Therefore I for me and mine declare and Establish For the second Fundamental of the Government of this Country, that all those laws which relate to prevention or Correction of vice and injustice be impartially and vigorously executed, and that those Magistrates that do not in their respective Charges vigilantly and impartially execute all such laws to the terror of evil doers, and praise of those that do well; shall be reputed and Marked as breakers of the Fundamental Constitutions of the Country, and therein as well public enemies to God as the people, and never to bare office till they had given good Testimony of their repentance.
III Constitution.
And since it hath been the Judgment of the wisest men, and practice of the most famous Governments in all ages, as well as that it is most Natural, reasonable and prudent in itself, that the People of any Country should be Consenting to the laws they are to be Governed by, therefore I do for me and mine hereby declare and establish for ye third Fundamental Constitution of the Government of this Province, that there shall be held once every year, that is to say on the first day of the first month called March An Assembly shall be duly Chosen by the Freeholders of this Country to serve as their Deputies to Consult debate and resolve and in their names to Consent to the enacting or abolishing of laws and whatever is the Privilege of an English house of Commons, and least this excellent and necessary Constitution should be any ways abused or obstructed
It is hereby declared that the aforesaid Freeholders shall of themselves meet on ye first Day of every twelfth month called February, in their Respective places, and their Choose their Deputies to serve for them as aforesaid, without any writs or Mandates to be issued forth by the governor or his Deputy, or any else in Authority whatever for that purpose and being so Chosen and Assembled, they shall not set less than two months, unless it be their own Choice or desire but longer if Public business requires it And this shall be Called the Assembly of the Province of which not less than two thirds of the whole shall make a Quorum...
VII Constitution.
For the better Completing of the frame of this government...the Assembly shall choose out of the members...Persons of best repute for their understanding and faith and fullness...
The 4th and last Committee will be the Commissioners of Education, who shall inspect the breeding of Youth, as to Schools, Masters, Books and the way and Method of Cultivating and improving of science truly so called which may be useful and laudable, among good men that so youth may be grounded, in the way of virtue and wisdom, and the successive generations secured against declension and Corruption of manners, which draws after it slavery and beggary, and which is worse the wrath of God too...
XII Constitution.
That this government may appear equal in itself, and agreeable to the wisdom God gave unto Moses, and the Practice of our best Ancestors, and that we may avoid heart burnings in families, and the foundation of much misery and beggary or worse I do for me and mine hereby declare and establish for the 12th Fundamental of the Government of this Province, that what Estate every person dying has in it, though he or she die elsewhere, having Children, shall be equally shared, after such Persons decease, among the Children of the 3rd Person, saving only that the eldest if the first born shall have (according to the Law of God by Moses given to ye Jews) a double portion for his Inheritance and not otherwise...
XIV Constitution.
It is so sad a thing to behold the Goals of Nations filled with Prisoners for Debts that they can never Pay, and so their Confinement can only be the effect of an unprofitable revenge, that I do for me and mine hereby declare and establish it A Fundamental in the Government of this Province, that no man shall be imprisoned for any debt that is not above ye sum of ten Pounds, nor yet for any debt at all if he will subscribe such a declaration to be recorded, as shall be presented to him that he is not worth ten pounds in the world, and he can get two sufficient Creditable Persons to sign a declaration that they believe he is not worth ten pounds in ye world; but if it should afterwards appear that such a Person was then worth more than ten pounds and Purposely concealed it, that then the said estate so concealed shall go to the satisfaction of his Creditors, and he become their bonds men, during their Pleasure, to work only to their Benefit.
XV Constitution.
Since the due Proportion of Rewards and Punishment the wisdom and Justice of Government and that the example be of God's law as well as the reason of the thing, guide all men to believe that to shed man's blood and take away his life for Worldly goods, is a very hard thing; especially considering the tenderness of the holy Merciful Christian Law, and Considering the little reformation this severity brings, and that it tempts the thief to be a murderer, when the Punishment is the same, to kill whom he robs that so he may not discover or Prosecute him that Robs him, which instead of making thieves afraid may Constrain them to destroy good men therefore I do for me and my hereby Declare and establish for the 15th Fundamental of the Government of this Province, that no Person committing Felony within the limits thereof shall die for the same, but for the first offence if a single man and able he shall make satisfaction;
for the second offence he shall if able make double satisfaction, if not be kept in a work house till he has wrought out such a satisfaction and for the 3d offence He shall if able pay a 3 fold satisfaction, if not able, be a Perpetual bondsman if married and has Children, then, unless the thing stolen be found upon him or amongst his goods, he shall not be put to make satisfaction to the Prejudice of his Children that were Innocent of the fact, and which would only serve to increase the Poor and so the Publique Charge, but that he shall for the first offence work out a satisfaction, for the second offence a double satisfaction and for the 3d offence he shall be a perpetual bondsman to the benefit of those he has wronged whether by work or sale, which is more terrible to Idle and highminded Persons, then Death itself and therefore better to Prevent the evil...
XVII Constitution.
And that we may in whatever we can, resemble the Ancient Constitution of England, I do for me and mine hereby declare and establish for the Seventeenth Fundamental of the Government of this Province, that all trials and Determinations Of Causes and Concerning life Liberty, good name or estate, shall be by the verdict and Judgment of twelve of the neighborhood to the Party or Parties Concerned, and near as may be of the same degree, that they may be equals, least being Poorer they be awed with fear or drawn by rewards to a Corrupt Judgment, or by being richer and greater, be careless of their Verdict upon an Inferior Person, whose low Condition are not or is not able to call them to Question:
And these twelve men shall sit with the Judges six on a side, or on a bench on purpose at an other side of the Court, but that no verdict be given without their withdrawing, to Consult the matter, no Person to be Admitted to them not any note or letter to be delivered to any of them from the time they withdraw till they Return to the Bench and ye Publicly delivered the Charge given the 12 men or verdictors by ye Judges to be audibly in open Court, before the Party Concerned, the Judges and ye 12 men to speak only to one another what the Court and Party Concerned shall hear the verdict being given, ye Judges in a grave and sober manner to pronounce sentence accordingly.
XVIII Constitution.
To avoid All delays or Denials of Justice and all briberies to Injustice in officers of Justice or Persons Chosen to serve in Assembly or Counsel. I do for me and mine hereby declare and establish for the eighteenth Fundamental of ye Government of this Province; that all such officers of Justice as Delay or Deny Justice being Convict thereof, shall pay or make good the wrong or Prejudice the Party aggrieved seeks redress from and satisfaction for such delay or Denial beside or if they or thos that serve in Assembly shall at any time in any Case take any Bribe or secret reward from any Person to favor him or her, or his or her Cause or business being proved by sufficient witness that every such Person shall be Immediately discharged from all employment forever, and pay to the public Treasury...
XIX Constitution.
Because all may be useful and beneficial in evidence to the Public after the example of those Countries that Comply with the tenderness of their Consciences that cannot take any Oath, and yet are often the only Persons to prove either theft murder, Titles of land wills &c: and having reflected on the reverent is of many Courts in Swearing, and that shutting out Oaths there would be the best way to shut all loose and vain swearing, out of the Country, I do for me and mine hereby declare and Establish for the nineteenth Fundamental of the Government of this Province that all evidence shall be by subscription upon record after this form:
I A B do from the very bottom of my heart hereby engage and Promise in the Presence of God and the Court to declare the whole truth, and nothing but the truth, in ye matter I am to be inquired upon witness my hand this-of-in ye year A:B.
And if it shall afterwards appear that any Person hath declared and subscribed that which is false, That then be sustain the same injury be by false evidence brings to ye Person or estate of any Person wronged thereby and be exposed in the tribe where he lives as a false man, never to be received in any evidence any more, much less employed in any office in the Province.
XX Constitution.
And for as much as Divers Inconveniences may arise by undue Imprisonment of Persons upon mere surmises and that in several Inspects to prevent which a law of Habeas Corpus was lately made in the Kingdom of England to secure the People from any such Disadvantages, I do for me and mine hereby declare and establish for the twentieth Fundamental of the Government of this Province that no man shall be Imprisoned for any Case but on good evidence and ye same law of Habeas Corpus shall be in full force in this Province and that all Persons imprisoned whether Innocent or Guilty shall not be obliged to pay any fees to the keeper of the Prison, but the said keeper be maintained at the Charge as an officer belonging to state.
XXI Constitution.
And as government cannot well subsist and prosper where virtue and Industry are not carefully Promoted, and that it is impossible to do if the lets (obstacles) to both are not presented or removed, I do therefore for me and mine hereby declare and establish for twenty-first Fundamental of ye Government of this Province be that there shall be no Taverns, nor alehouses, endured in the same, nor any Play-houses, nor Moorish dances, nor Games as Dice, Cards, Bo...Tables, Lotteries, Bowling greens, Horse races, Bear baitings, Bull baitings, and such like sports, which only tend to Idleness and looseness, and that all those that go about to erect or use any of those things, be fined to the government and put into the next Common work house kept by the space of 6 months to hard daily Labor as if he were some petty felon.
XXII Constitution.
And to the end that none may be destitute of subsistence in Case of any Calamities or Afflictions that may fall upon their Parents or them in their estates, from which no sort or degree of men are free, and that all may labor as well as eat and be useful and not as prevent the many inconveniences that follow Idleness, I do for me and mine hereby Declare and establish as the two and twentieth fundamental of ye government of this Province, that every Child that is of ye Age of 12 years shall be taught some trade or skill by which to exercise their minds and bodies in honest immeditation (suitable) labor, and that of all degrees and qualities without respect to Persons as well females as males, this will give the Country and People wealth and reputation and keep out Idleness the Mother of many Mischiefs...
XXIV Constitution.
And because it may so fall out that ye Government or his Lieutenant or Deputy, may by ye evil insinuations and pernicious Councils of some in power or esteem, with him of or from his mistaking the true extent of his Authority, or possibly by ye Instigations of his own Ambition command or require ye officers or Magistrates in this Province or any of them to do a thing that is Contrary to these Fundamentals or any law that may be hereafter made for the well ordering of this Province
I do for me and mine hereby declare and Establish, for the last fundamental of the Government of this Province, that though any desire order precept or Command should come from the Governor or his Lieutenant or Deputy to any officer, or Magistrate as before said to do any act or thing that is Contrary to these Fundamentals or the law of the land whether it be to Commit Injustice or to Omit and delay Justice in the cause of any Person or other ways be it signified by word of mouth, by letter or any little or great scale, every such officer or Magistrate, shall be surely obliged to reject the same and follow the tenure of these Fundamentals and the express law of the Province:
and if he shall offer or dare to wave and desert his duty by law to Answer any such mistake or illegal Passion in ye governor or his Lieutenant or Deputy, that for so doing he shall be accountable to the next general Assembly of the Province, in whose power it shall be to proportion his satisfaction and disgrace to the and degree of his Offence.
More, if any of them, or any members of either Assembly or Council, or any not in office, or Trust for Private and Corrupt ends of their own having the temptation of such an illegal desire or command from a Superior, shall betray or many, respect by word or deed Deviate or Derogate from these Fundamental Constitutions, shall they lie under the examination and sentence of the next general Assembly who have hereby Power to proportion the satisfaction and disgrace of the offending to the nature and degree of the offence.
And I do further desire and establish that a Copy thereof may be hung up in the Places where the Assembly and Council set, and that the be all read in the presence of the Governor or his Lieutenant and or Deputy, and the Council and Assembly as the first thing at the opening of every General Assembly in the Province, and that the testimony of their acknowledgment of them shall be signified by the standing up of the Governor or his Lieutenant or Deputy and the Council and Assembly and lifting up of their Right hands after they are all Audibly read which done; their so Acknowledging of them as the rule of their laws and Government, shall be recorded in the Journal Book of both the Council and Assembly; that if possible they may not be forgotten, or in any wise Contradicted.
These four and twenty articles are the Fundamental Constitutions of the Province of Pennsylvania in America by me drawn up, settled and Confirmed so far as in me lies, for an abiding ground and Rule to all Future laws, and Government, And I do hereby desire Charge and Command all my Children and their and my Posterity whose lot it may be to be Concerned in this Province to remember love and preserve with all Care and faithfulness Fundamental Constitutions, being the establishment of me their Father and Ancestor as the discharge of my Conscience to God the giver of this Country unto me and them and as they hope to keep it, and his Blessing upon it.
We whose names, are here under written and subscribed being Freeholders of the Province of Pennsylvania in America do with much Clearness and satisfaction hereby testify declare our Consent and Agreement whereby William Penn Proprietary and Governor of the said Province in the above written Fundamental Constitutions as the Ground and Rule of all Future Laws and Government, in that Country and we do hereby promise every one for himself that by God's Assistance we will remember love and Preserve to the utmost of our Power the aforesaid Fundamental inviolably and do hereby desire and Charge our Posterity to do the same as they hope to enjoy what we leave them and the blessing of God with it.> 1682FC001
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American Quotations by William J. Federer, 2024, All Rights Reserved, Permission granted to use with acknowledgement
Endnotes:
1682FC001. William J. Federer, American Quotations (2014). Frame of Government-Fundamental Constitutions of Pennsylvania, April 25, 1682. A Collection of Charters and Other Public Acts Relating to the Province of Pennsylvania (Philadelphia: B. Franklin, 1740), pp. 10-12. Thomas Clarkson, Memoirs of the Private and Public Life of William Penn (London: Longman, Hurst, Orme, & Grown, 1813; Richard Taylor and Co., 1813), Vol. I, pp. 299-305. William Wistar Comfort, William Penn and Our Liberties (Published in the Penn Mutual's Centennial Year in honor of the man whose name the company adopted at its founding in the year 1847.) Philadelphia: The Penn Mutual Life Insurance Company, 1947, n.p. Benjamin Franklin Morris, The Christian Life and Character of the Civil Institutions of the United States (Philadelphia: George W. Childs, 1864), pp. 82-83. Frances Newton Thorpe, ed., Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies now or heretofore forming the United States, 7 vols. (Washington: Government Printing Office, 1905; 1909; St. Clair Shores, MI: Scholarly Press, 1968), Vol. V, pp. 3052-3059. Charles E. Rice, The Supreme Court and Public Prayer (New York: Fordham University Press, 1964), pp. 163-164. The Annals of America, 20 vols. (Chicago, IL: Encyclopedia Britannica, 1968), Vol. I, pp. 265-267. Richard L. Perry, ed., Sources of Our Liberties- Documentary Origins of Individual Liberties in the United States Constitution and Bill of Rights (Chicago: American Bar Foundation, 1978; New York: 1952). Gary DeMar, God and Government-A Biblical and Historical Study (Atlanta, GA: American Vision Press, 1982), p. 115. Stephen McDowell and Mark Beliles, "The Providential Perspective" (Charlottesville, VA: The Providence Foundation, P.O. Box 6759, Charlottesville, Va. 22906, January 1994), Vol. 9, No. 1, p. 1.