l the adoption of the first state constitutions.[15]
The persons and companies, to whom the colonial charters were granted,
and those who were afterwards to be admitted as their associates, were
described as "freemen of said colony," "freemen of said province,"
"freeman of said company," "freemen of the said company and body
politick," &c. (See charter of Rhode Island.)
Many, if not all the charters had a provision similar in substance to
the following in the charter to Rhode Island, viz:
"That all and every the subjects of us, our heirs and successors,"
(i.e. of the king of England granting the charter,) "which are
already planted and settled within our said colony of Providence
Plantations, or which shall hereafter go to inhabit within the said
colony, and all and every of their children which have been born
there, or which shall happen hereafter to be born there, or on the
sea going thither, or returning from thence, shall have and enjoy all
liberties and immunities of _free_ and natural subjects, within any
of the dominions of us, our heirs and successors, to all intents,
constructions and purposes whatsoever, as if they and every of them
were born within the realm of England."
The following enactment of William Penn, as proprietary and Governor of
the Province of Pennsylvania and its territories, illustrates one of the
common uses of the word "freeman," as known to the English law, and as
used in this country prior to the revolution--that is, as distinguishing
a native born citizen, and one capable of holding real estate, &c. from
a foreigner, _not naturalized_, and on that account subject to certain
disabilities, such as being incompetent to hold real estate.
"And forasmuch as it is apparent that the just encouragement of the
inhabitants of the province, and territories thereunto belonging, is
likely to be an effectual way for the improvement thereof; and since
some of the people that live therein and are likely to come
thereunto, _are foreigners, and so not freemen, according to the
acceptation of the laws of England, the consequences of which may
prove very detrimental to them in their estates and traffic_, and so
injurious to the prosperity of this province and territories thereof.
_Be it enacted_, by the proprietary and governor of the province and
counties aforesaid, by and with the advice and consent of the
deputies of the _freemen_ t
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