Reading the American Past: Printed Page 69
DOCUMENT 4–4
A Provincial Government Enacts Legislation
In December 1682 William Penn, the proprietor of Pennsylvania, assembled the colony's first legislature, which enacted seventy-one specific laws for the colony, excerpted here. They indicate the most important concerns of Penn and the legislators as they contemplated the kind of society they sought to build and govern. The laws illustrate Pennsylvania's distinctive relationship between religion and government, between sacred and secular authority, and between the proprietor and the colonists.
The Laws of Pennsylvania, 1682
Whereas the Glory of Almighty God and the Good of Mankind is the Reason and End of Government and therefore Government in it selfe is a Venerable ordinance of God and for as much as it is principally desired and intended by the Proprietary and Governor [William Penn] and the Freemen of the Province of Pennsilvania and Territorys thereunto Belonging to Make and Establish Such Laws as shall best preserve true Christian and Civill Liberty in Opposition to all UnChristian Licentious and Unjust Practices whereby God may have his Due Caesar his Due and the People their Due from Tyranny and Oppression on the One Side of Insolency & Licentiousness on the Other So that the best and firmist Foundation may be Laid for the Present and future happiness . . . Be it therefore Enacted. ...
Chapter 1 Almighty God being only Lord of Conscience Father of Lights & Spirits and the Author as well as Object of all divine Knowledge Faith and Worship who only can Enlighten the Mind and perswade and Convince the Understanding of People in Due Reverance to his Soveraingty over the Souls of Mankind it is Enacted . . . that no Person now or at Any time hereafter Liveing in this Province who Shall Confess and acknowledge one Almighty God to be the Creatour Upholder and Ruler of the World and that professeth him or herselfe Obliged in Conscience to Live Peaceably and Justly under the Civill Government shall in any case be Molested or Prejudiced for his or her Conscientious Perswasion or Practice nor shall he or she at any time be Compelled to frequent or Maintaine any Religious Worshipp place or Ministry whatever Contrary to his or her mind but shall freely and fully Enjoy his or her Christian Liberty without any Interuption or reflection and if any Person shall abuse or deride any Other for his or her Diferant Perswasion and Practice in Matters of Religion Such shall be Lookt upon as a disturber of the Peace and be punished accordingly But to the End that Looseness Irreligion & Ath[e]ism may not creep in under pretence of Conscience in this Province Be it further Enacted . . . that according to the Example of the Primitive Christians and for the Ease of the Creation Every first day of the Week called the Lords day People Shall Abstaine from their Usuall and Common Toyle & Labour that Wheather Masters Parents Children or Servants they may the Better dispose themselves to read the Scriptures of truth at home or frequent such Meetings of Religious Worship abroad as may best Sute their Respective Perswasions.
Chapter 2 . . . all Officers & Persons Commissionated and Imployed in the Service of the Government of this Province and all Members and Deputys Elected to Serve in Assembly thereof and all that have Right to Elect such deputies shall be Such as profess and Declare they Believe in Jesus Christ to be the Son of God the Savior of the World and that are not Convicted of ill fame or Unsober and Dishonest Conversation and that are of One and Twenty Years of age at Least.
Chapter 3 . . . that whosoever shall Swear in their Conversation by the Name of God or Christ or Jesus being Legally Convicted thereof shall pay for Every Such offence five Shillings or Suffer five days Imprisonment in the house of Correction at hard Labour to the behoof of the Publike and be fed with bread and Water only during that time. ...
Chapter 6 . . . whosoever Shall in their Conversation at any time curse himselfe or an Other or any thing belonging to himselfe or any other and is Legally Convicted thereof Shall pay for Every Such offence five Shillings or Suffer five days Imprisonment as aforesaid. ...
Chapter 9 . . . whosoever defileth the Marriage bed by Lying with an other Woman or Man then [than] their own wife or husband being Legally Convicted thereof Shall for the first offence be publikely Whipt and Suffer one Whole years Imprisonment in the house of Correction at hard Labour to the behoofe of the Publick and Longer if the Chief Magistrate See meet and both he and the Woman shall be Liable to a bill of Divorsement if required by the greived husband or Wife within the Said terme of One whole Year after Conviction and for the Second offence imprisonment in Manner aforesaid during Life and if the Party with whom the husband or Wife shall defile their bedds be unmarried for the first offence they shall Suffer half a years Imprisonment in the Manner aforesaid and for the Second offence Imprisonment for Life. ...
Chapter 11 . . . if any Person shall be Legally Convicted of the Unnaturall Sin of Sodomy or Joyning with beasts such persons shall be whipt and forfeit one third part of his or her Estate and worke Six months in the house o[f] Correction at hard Labour and for the Second offence Imprisonment as aforesaid during Life.
Chapter 12 . . . whosoever shall be Legally Convicted of a Rape or Ravishment that is forsing A Maid Widdow or Wife shall forfeit one third of his Estate to the Parent of the Said Maid and for want of a Parent to the Said Maid and if a Widdow to the Said Widdow and if a Wife to the husband and the Said party be Whipt and Suffer a Years Imprisonment in the house of Correction at hard Labour and for the Second offence Imprisonment in manner aforesaid during Life.
Chapter 13 . . . whosoever shall be Convicted of Uncleanness or the Commission of fornication that is if any Single Man shall defile a Single Woman they Shall Suffer three Months Imprisonment in the house of Correction at hard Labour and after the Expiration of the Said terme Shall take one an Other in Marriage & Live as Man and Wife together but if the Man be Married he shall forfeit one third of his Estate and both be Imprisoned as aforesaid and be it Enacted by the Authority aforesaid that Whoso Ever Shall be Convicted of Speaking an Unclean Word shall for Every Such offence pay one Shilling or Sit in the Stocks two houres. ...
Chapter 15 . . . Every Person disordering and abusing himselfe with drinke unto drunkenness being Legally Convicted thereof shall for the first time pay five Shillings or Worke five dayes in the house of Correction at hard Labour and be fed only with bread and water and for the Second offence and Ever after tenn Shillings or ten days Labour. ...
Chapter 17 . . . if any Person shall drinke healths which may provoke people to unnecessary and Excessive drinking being Legally convicted thereof shall for Every Such offence forfeit five shillings and whosoever shall pledge the same Shall be Lyable to the Same punishment.
Chapter 18 . . . And whereas divers Persons as English Dutch Sweeds &ct have been wont to Sell to the Indians Rum and Brandy and Such Like Distilled Spirrits though they know the Said Indians are not able to Govern themselves in the use their of but do commonly drinke of it to Such Excess as makes them Sometimes to Destroy one another and Grievously anoy and disquiet the People of this Province and Peradventure those of Neighbouring Governments whereby they make the poore Natives worse and not better for their coming among them which is an heinous offence to God and a Reproach to the Blessed name of Christ and his Holy Religion It is therefore Enacted . . . that no Person within this Province do from henseforth presume to Sell or Exchange any Rum or Brandy or any Other Strong Liquors at any time to any Indian within this Province and if any one shall offend therein the Person Convicted thereof Shall for Every Such offence pay five pounds.
Chapter 19 . . . whosoEver be convicted of Wilfully firing of any Mans house warehouse Outhouse Barnes Stacks or Ricks of corne Vessells or boats in any part of this Province or Territory thereunto Annexed Every such offender shall be Lyable to make Satisfaction double the Vallue and suffer Imprisonment for one year in the house of Correction and bear Such Corporall punishment as shall be Inflicted by the Court of Justice of that County where the party offending hath Committed the fact. ...
Chapter 23 . . . if any persons to the Number of three shall meet together with Clubbs Staves or any other hurtful Weapon to the terror of any of the Peaceable People of this Province and Comitt or Designe to Comitt any Violence or Injury upon the person or goods of any of the Said Inhabitants and be Convicted thereof they shall be Reputed and Punisht as Rioters and that act of Terror and Violence or Design of Violence accounted a Riot.
Chapter 24 . . . whosoEver shall assault or Menace a parent and shall be duly proved Guilty thereof shall be Committed to the house of Correction and their [there] remaine at hard Labour during the pleasure of the Said Parent.
Chapter 25 . . . if any Person shall assault or Menace a Magistrate and be Duly convicted thereof he shall be fined according to the Nature of the fact and be Comitted to the house of Correction at hard Labour for One Month after Conviction.
Chapter 26 . . . if any Servant assault or Menace his or her Master or Mistress and be Convicted thereof shall be punisht at the Discretion of Two Justices of the Peace so it be Suteable to the Nature of the offence. ...
Chapter 28 . . . whosoEver shall challenge an other Person to fight he that Challengeth and he that accepteth the Challenge shall for Every Such offence pay five pounds or Suffer three Months Imprisonment in the house of Correction at hard Labour.
Chapter 29 . . . whosoEver shall introduce into this Province or frequent Such rude and Riotus Sports & practices as Prized or Stage Plays Masks Revells Bulbaits Cock fightings with such Like being convicted thereof shall be reputed and fined as Breakers of the Peace and Suffer at Least tenn days Imprisonment in the house of Correction at hard Labour or forfeit twenty Shillings.
Chapter 30 . . . if any Person be Convicted of Playing at Cards Dice Lotterys or Such Like Enticing Vaine and Evill Sports and Games Such persons shall for Every Such offence pay five shillings or suffer five Days imprisonment at hard Labour in the House of Correction. ...
Chapter 33 . . . all Scandalous and Malicious reporters Defamers and Spreaders of false News whether against Magistrates or Private Persons being convicted thereof Shall be accordingly Severely punisht as Enemys to the Peace & Concord of the Province. ...
Chapter 57 . . . there shall be a Registry for all Servants where theire Names time Wages and days of freedom or Payment Shall be Registered.
Chapter 58 . . . Servants Shall not be kept Longer than their time and Such as are Carefull shall Be boath Justly and Kindly Used in their Service and put in fitting Equipage at the Expiration thereof according to Custom and Such as Run-away and Serve not their time when Caught shall serve twice the time he or she was absent and pay the Charges or Serve out the Vallue after their time is Expired and if any Master abuse his Servant on Complaint to the next Justices of the Peace he shall take Care to redress the Said Grieveance. ...
Chapter 67 And to the End that it may be knowne who those are that in this Province and territorys thereunto belonging have Right of freemen to Chuse or to be Chosen and with the Proprietary and Governor make and Enact Laws that Every Inhabitant of the said Province and Territorys thereunto Annexed that is or Shall be a purchase of one hundred Acres of Land and hath seated the Same his Heirs and Assignes and Every person who Shall have paid his passage and taken up his fifty Acres of Land and Seated the Same and every inhabitant Artificer or Other Resident in the Said Province that payeth Scott and Lott [a tax] to the Government Shall be Deemed and accounted A freeman of this Province and territorie thereof and Such only Shall have Rights of Election or being Elected to any Service in the Government thereof. ...
Chapter 70 And be it further Enacted by the Authority aforesaid that the Laws of this Province from time to time shall be publisht & Printed that Every Person may have the Knowlege thereof and they shall be one of the books taught in the Schooles of this Province and Territorys thereof. ...
From “The Great Law Or the Body of Laws of the Province of Pennsilvania and territorys thereunto Belonging past at an Assemble at Chester alias Upland the 7th day of the 10th Month December 1682,” Record Group 26, Records of the Department of State, Pennsylvania State Archives.
Questions for Reading and Discussion