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A54139 The frame of the government of the province of Pennsilvania in America together with certain laws agreed upon in England by the governour and divers free-men of the aforesaid province : to be further explained and confirmed there by the first provincial council and General Assembly that shall be held, if they see meet. Penn, William, 1644-1718. 1682 (1682) Wing P1292; ESTC R18855 13,133 16

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and in English and in an ordinary and plain Character that they may be understood and Justice speedily administred VIII That all Tryals shall be by Twelve Men and as near as may be Peers or Equals and of the Neighbourhood and men without just Exception In cases of Life there shall be first Twenty Four returned by the Sheriff for a Grand Inquest of whom Twelve at least shall find the Complaint to be true and then the Twelve Men or Peers to be likewise returned by the Sheriff shall have the final Judgment But reasonable Challenges shall be alwayes admitted against the said Twelve Men or any of them IX That all Fees in all Cases shall be Moderate and settled by the Provincial Council and General Assembly and be hung up in a Table in every respective Court And whosoever shall be convicted of taking more shall pay Twofold and be dismissed his Employment one Moyety of which shall go to the party wronged X. That all Prisons shall be Work-houses for Felons Vagrants and Loose and Idle Persons whereof one shall be in every County XI That all Prisoners shall be Baylable by sufficient Sureties unless for Capital Offences where the Proof is evident or the Presumption great XII That all Persons Wrongfully Imprisoned or prosecuted at Law shall have Double Damages against the Informer or Prosecutor XIII That all Prisons shall be Free as to Fees Food and Lodging XIV That all Lands and Goods shall be liable to pay Debts except where there be Legal Issue and then all the Goods and One Third of the Land only XV. That all Wills in Writing attested by two Witnesses shall be of the same Force as to Lands as other Conveyances being legally proved within Forty Dayes either within or without the said Province XVI That Seven Years quiet Possession shall give an Unquestionable Right except in Cases of Infants Lunaticks Married Women or Persons beyond the Sea XVII That all Briberies and Extortions whatsoever shall be severely punished XVIII That all Fines shall be moderate and saving mens Contenements Merchandize or Wainage XIX That all Marriages not forbidden by the Law of God as to nearness of Blood and Affinity by Marriage shall be encouraged but the Parents or Guardians shall be first consulted and the Marriage shall be published before it be solemnized it shall be solemnized by taking one another as Husband and Wife before Credible Witnesses And a Certificate of the whole under the hands of Parties and Witnesses shall be brought to the proper Register of that County and shall be Registred in his Office XX. And to prevent Frauds and Vexatious Suits within the said Province That all Charters Gifts Grants and Conveyances of Land except Leases for a Year or under and all Bills Bonds and Specialties above Five Pound and not under three Moneths made in the said Province shall be Enrolled or Registred in the publick Enrollment-Office of the said Province within the space of two Moneths next after the making thereof else to be void in Law And all Deeds Grants and Conveyances of Land except as aforesaid within the said Province and made out of the said Province shall be Enrolled or Registred as aforesaid within six Moneths next after the making thereof and settling and constituting an Enrollment-Office or Registry within the said Province else to be void in Law against all Persons whatsoever XXI That all Defacers or Corrupters of Charters Gifts Grants Bonds Bills Wills Contracts and Conveyances or that shall deface or falsifie any Enrollment Registry or Record within this Province shall make Double Satisfaction for the same half whereof shall go to the Party wronged and they shall be dismist of all Places of Trust and be publickly disgraced as False Men. XXII That there shall be a Register for Births Marriages Burials Wills and Letters of Administration distinct from the other Registry XXIII That there shall be a Registry for all Servants where their Names Time Wages and Dayes of Payment shall be Registred XXIV That all Lands and Goods of Fellons shall be liable to make satisfaction to the Party wronged Twice the Value and for want of Lands or Goods the Fellon shall be Bonds-man to work in the Common-Prison or Work-house or otherwise till the Party injured be satisfied XXV That the Estates of Capital Offenders as Traitors and Murderers shall go one third to the next of Kin to the Sufferer and the remainder to the next of Kin to the Criminal XXVI That all Witnesses coming or called to testifie their Knowledge in or to any Matter or Thing in any Court or before any lawful Authority within the said Province shall there give or deliver in their Evidence or Testimony by solemnly Promising To speak the Truth the Whole Truth ●nd nothing but the Truth to the Matter or Thing in question And in case any Person so called to Evidence shall afterwards be convicted of Wilfull Falsehood such Person shall suffer and undergo such Damage or Penalty as the Person or Persons against whom he or she bore false Witness did or should undergo and shall also make Satisfaction to the Party wronged and be publickly exposed as a False Witness never to be credited in any Court or before any Magistrate in the said Province XXVII And to the end that all Officers chosen to serve within this Province may with more care and diligence answer the Trust reposed in them It is agreed that no such Person shall enjoy more than one publick Office at one time XXVIII That all Children within this Province of the Age of Twelve Years shall be taught some useful Trade or Skill to the end none may be Idle but the Poor may Work to live and the Rich if they become Poor may not want XXIX That Servants be not kept longer than their time and such as are Careful be both justly and kindly used in their Service and put in fitting Equipage at the expiration thereof according to Custom XXX That all Scandalous and Malicious Reporters Backbiters Defamers and Spreaders of false News whether against Magistrates or private Persons shall be accordingly severely punished as Enemies to the Peace and Concord of this Province XXXI That for the Encouragement of the Planters and Traders in this Province who are incorporated into a Society the Patent granted to them by William Penn Governour of the said Province is hereby ratified and confirmed XXXII XXXIII That all Factors or Correspondents in the said Province wronging their Employers shall make Satisfaction and one third over to their said Employers and in case of the Death of any such Factor or Correspondent the Committee of Trade shall take care to secure so much of the deceased Party's Estate as belongs to his said respective Employers XXXIV That all Treasurers Judges Masters of the Rolls Sheriffs Justices of the Peace and other Officers or Persons whatsoever relating to Courts or Tryals of Causes or any other Service in the Government and all Members elected to serve in Provincial Council and General Assembly and all that have Right to elect such Members shall be such as profess Faith in Jesus Christ 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 and that all such so qualified shall be capable of the said several Employments and Priviledges as aforesaid XXXV That all Persons living in this Province who confess and acknowledge the One Almighty and Eternal God to be the Creator Upholder and Ruler of the World and that hold themselves obliged in Conscience to live peaceably and justly in Civil Society shall in no wayes be molested or prejudiced for their Religious Perswasion or Practice in matters of Faith and Worship nor shall they be compelled at any time to frequent or maintain any Religious Worship Place or Ministry whatever XXXVI That according to the good Example of the Primitive Christians and for the ease of the Creation every First Day of the Week called the Lords Day People shall abstain from their common daily Labour that they may the better dispose themselves to Worship God according to their Understandings XXXVII That as a Careless and Corrupt Administration of Justice draws the Wrath of God upon Magistrates so the Wildness and Looseness of the People provoke the Indignation of God against a Country Therefore That All such Offences against God as Swearing Cursing Lying Prophane Talking Drunkenness Drinking of Healths Obscene words Incest Sodomy Rapes Whoredom Fornication and other uncleanness not to be repeated All Treasons Misprisions Murders Duels Fellonies Sedition Mayhems Forcible Entries and other Violencies to the Persons and Estates of the Inhabitants within this Province All Prizes Stage-Plays Cards Dice May-games Gamesters Masques Revels Bull-baitings Cock-fightings Bear-baitings and the like which excite the People to Rudeness Cruelty Looseness and Irreligion shall be respectively discouraged and severely punished according to the appointment of the Governour and Free-men in Provincial Council and General Assembly as also all Proceedings contrary to these Laws that are not here made expresly penal XXXVIII That a Copy of these Laws shall be hung up in the Provincial Council and in publick Courts of Justice and that they shall be read Yearly at the opening of every Provincial Council and General Assembly and Court of Justice and their Assent shall be testified by their standing up after the reading thereof XXXIX That there shall be at no time any Alteration of any of these Laws without the Consent of the Governour his Heirs or Assigns and Six parts of Seven of the Free-men met in Provincial Council and General Assembly XL. That All other Matters and Things not herein provided for which shall and may concern the publick Justice Peace or Safety of the said Province and the raising and imposing Taxes Customs Duties or other Charges whatsoever shall be and are hereby referred to the Order Prudence and Determination of the Governour and Free-men in Provincial Council and General Assembly to be held from time to time in the said Province Signed and Sealed by the Governour and Free-men aforesaid this Fifth Day of the Third Moneth called May One Thousand Six Hundred Eighty and Two ☜
aforesaid XIX That the General Assembly shall continue so long as may be needful to Impeach Criminals fit to be there Impeached to pass Bills into Laws that they shall think fit to pass into Laws and till such time as the Governour and Provincial Council shall declare That they have nothing further to propose unto them for their Assent and Approbation And that Declaration shall be a Dismiss to the General Assembly for that time which General Assembly shall be notwithstanding capable of Assembling together upon the Summons of the Provincial Council at any time during that year if the said Provincial Council shall see occasion for their so Assembling XX. That all the Elections of Members or Representatives of the People to serve in Provincial Council and General Assembly and all Questions to be determined by both or either of them that relate to Passing of Bills into Laws To the Choice of Officers To Impeachments made by the General Assembly and Judgment of Criminals upon such Impeachments by the Provincial Council and to all other Cases by them respectively judged of Importance shall be resolved and determined by the Ballot and unless on Suddain and Indispensible Occasions no Business in Provincial Council or its respective Committees shall be finally determined the same day that it is moved XXI And that at all times when and so often as it shall happen that the Governour shall or may be an Infant under the Age of One and Twenty years and no Guardians or Commissioners are appointed in writing by the Father of the said Infant or that such Guardians or Commissioners shall be deceased that during such Minority the Provincial Council shall from time to time as they shall see meet constitute and appoint Guardians or Commissioners not exceeding Three one of which three shall Preside as Deputy and Chief Guardian during such Minority and shall have and execute with the Consent of the other Two all the Power of a Governour in all the publick Affairs and Concerns of the said Province XXII That as often as any day of the Moneth mentioned in any Article of this Charter 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 case of Emergency XXIII That no Act Law or Ordinance whatsoever shall at any time hereafter be made or done by the Governour of this Province his Heirs or Assigns or by the Free-men in the Provincial Council or the General Assembly to Alter Change or Diminish the Form or Effect of this Charter or any Part or Clause thereof or contrary to the true Intent and Meaning thereof without the Consent of the Governour his Heirs or Assigns and Six Parts of Seven of the said Free-men in Provincial Council and General Assembly XXIV And Lastly That I the said William Penn for My Self my Heirs and Assigns have Solemnly Declared Granted and Confirmed and do hereby Solemnly Declare Grant and Confirm That neither I My Heirs nor Assigns shall procure or do any thing or things whereby the Liberties in this Charter contained and expressed shall be infringed or broken And if any thing be procured by any Person or Persons contrary to these Premises it shall be held of no Force or Effect In Witness whereof I the said William Penn have unto this present Charter of Liberties set my Hand and Broad Seal this Five and Twentieth Day of the Second Moneth vulgarly called April in the Year of our Lord One Thousand Six Hundred Eighty and Two William Penn. Laws agreed upon in England BY THE GOVERNOUR And Divers of the Free-Men of Pennsilvania To be further Explained and Confirmed there by the first Provincial Council and General Assembly that shall be held in the said Province if they see meet I. THAT the Charter of Liberties Declared Granted and Confirmed the Five and Twentieth day of the Second Moneth called April 1682. before divers Witnesses by William Penn Governour and Chief Proprietor of Pennsilvania to all the Free-men and Planters of the said Province is hereby declared and approved and shall be forever held for a Fundamental in the Government thereof according to the Limitations mentioned in the said Charter II. That every Inhabitant in the said Province that is or shall be a Purchaser of One Hundred Acres of Land or upwards his Heirs and Assigns and every Person who shall have paid his Passage and taken up One Hundred Acres of Land at One Penny an Acre and have cultivated Ten Acres thereof and every Person that hath been a Servant or Bonds-man and is Free by his Service that shall have taken up his Fifty Acres of Land and cultivated Twenty thereof and every Inhabitant Artificer or other resident in the said Province that payes Scot and Lot to the Government shall be deemed and accounted a Free-man of the said Province and every such Person shall and may be capable of Electing or being elected Representatives of the People in Provincial Council or General Assembly in the said Province III. That all Elections of Members or Representatives of the People and Free-men of the Province of Pennsilvania to serve in Provincial Council or General Assembly to be held within the said Province shall be Free and Voluntary And that the Elector that shall receive any Reward or Gift in Meat Drink Moneys or otherwise shall forfeit his Right to Elect And such Person as shall directly or indirectly give promise or bestow any such Reward as aforesaid to be Elected shall forfeit his Election and be thereby incapable to serve as aforesaid And the Provincial Council and General Assembly shall be the sole Judges of the Regularity or Irregularity of the Elections of their own respective Members IV. That no Money or Goods shall be raised upon or paid by any of the People of this Province by way of a publick Tax Custom or Contribution but by a Law for that purpose made And whosoever shall Leavy Collect or Pay any Money or Goods contrary thereunto shall be held a publick Enemy to the Province and a Betrayer of the Liberty of the People thereof V. That all Courts shall be open and Justice shall neither be sold denyed nor delayed VI. That in Courts all Persons of all Perswasions may freely appear in their own Way and according to their own Manner and there Personally Plead their own Cause themselves or if unable by their Friends And the first Process shall be the Exhibition of the Complaint in Court Fourteen Dayes before tho Tryal And that the Party complained against may be fitted for the same he or she shall be summon'd no less than Ten Dayes before and a Copy of the Complaint delivered him or her at his or her Dwelling House But before the Complaint of any Person be received he shall solemnly declare in Court That he believes in his Conscience his Cause is Just VII That all Pleadings Processes and Records in Courts shall be short