Page images
PDF
EPUB

who fhall have paid his paffage, and taken up one hundred acres of land at one penny an acre, and have cultivated ten acres thereof; and every perfon that hath been a fervant or bondfman, and is free by his fervice, that fhall have taken up his fifty acres of land, and cultivated twenty thereof; and every inhabitant, artificer, or other refident in the faid province, that pays fcot and lot to the government, fhall be deemed and accounted a freeman of the faid province: And every fuch perfon fhall and may be capable of electing, or being elected reprefentatives of the people in provincial council or general affembly, in the faid province.

III. That all elections of members, or reprefentatives of the people and freemen of the province of Pennfylvania, to ferve in provincial council or general affembly to be held within the faid province, fhall be free and voluntary: And that the elector, that shall receive any reward or gift, in meat, drink, monies, or otherwife, fhall forfeit his right to elect; and fuch perfon as fhall directly or indirectly give, promife, or beflow any fuch reward as aforefaid, to be elected, fhall forfeit his election, and be thereby incapable to ferve as aforefaid; and the provincial council and general affembly fhall be the fole judges of the regularity or irregularity of the elections of their own re

fpective members.

IV. That no money. or goods fhall be raised upon or paid by any of the people of this province by way of public tax, cuftom, or contribution, but by a law for that purpofe made; and whofoever fhall levy, collect, or pay any money or goods contrary thereunto, fhall be held a public enemy to the province, and a betrayer of the liberties of the people thereof.

V. That

V. That all courts fhall be open, and juftice fhall neither be fold, denied, nor delayed.

VI. That in all courts, all perfons of all perfuafions may freely appear in their own way, and according to their own manner, and there perfonally plead their own caufe themselves; or if unable, by their friend: And the first procefs fhall be the exhibition of the complaint in court, fourteen days before the trial; and that the party complained againft may be fitted for the fame, he or fhe fhall be fummoned, no less than ten days before, and a copy of the complaint delivered him or her, at his or her dwelling-houfe. But before the complaint of any perfon be received, he fhall folemnly declare in court, that he believes, in his conscience, his cause is just.

VII. That all pleadings, proceffes, and records in court fhall be fhort, and in English, and in an ordinary and plain character, that they may be underflood, and juftice speedily administered.

VIII. That all trials fhall be by twelve men, and as near as may be, peers or equals, and of the neigh bourhood, and men without juft exception; in cafes of life there fhall be firft twenty-four returned by the heriffs for a grand inqueft, of who:n twelve at leat fhall find the complaint to be true; and then the twelve men, or peers, to be likewife returned by the sheriff, fhall have the final judgment. But reasonable challenges fhall be always admitted against the faid twelve men, or any of them.

IX. That all fees in all cafes fhall be moderate, and fettled by the provincial council and general affembly, and be hung up in a table in every refpective court; and whofoever fhall be convicted of taking more, fhall pay two-fold, and be difmiffed his employment, one moiety of which shall go to the party wronged.

X. That

X. That all prifons fhall be work-houses for felons, vagrants, and loofe and idle perfons; whereof one fhall be in every county.

XI. That all prifoners fhall be bailable by fufficient fureties, unless for capital offences, where the proof is evident, or the prefumption great.

XII. That all perfous wrongfully imprifoned or profecuted at law, fhall have double damages against the informer or profecutor.

XIII. That all prifons fhall be free as to fees, food, and lodging.

XIV. That all lands and goods fhall be liable to pay debts, except where there is legal iffue, and then all the goods, and one third of the land only.

XV. That all wills in writing, attefted by two wit neffes, fhall be of the fame force, as to lands, as other conveyances, being legally proved within forty days, either within or without the faid province.

XVI. That seven years quiet poffeffion fhall give an unqueftionable right, except in cafes of infants, lunatics, married women, or perfons beyond the feas.

XVII. That all briberies and extortions whatfoever, fhall be feverely punished,

XVIII. That all fines fhall be moderate, and faving. men's contentments, merchandize or wainage.

XIX. That all marriages (not forbidden by the law of God, as to nearness of blood, and affinity by marriage) fhall be encouraged, but the parents or guardians fhall be firft confulted, and the marriage fhall be publifhed before it be folemnized; and it fhall be folemnized by taking one another as hufband and wife, before credible witneffes, and a certificate of the whole, under the hands of parties and witneffes, fhall be brought to the proper register of that county, and fhall be registered in his office.

XX. And to prevent frauds and vexatious fuits within the faid province, that all charters, gifts, grants, and conveyances of lands, (except leafes for a year or under) and all bills, bonds, and specialties above five pounds, and not under three months, made in the faid province, fhall be enrolled or registered in the public enrollment-office of the faid province, within the fpace of two months next after the making thereof, elfe to be void in law. And all deeds, grants, and conveyances of land (except as aforefaid) within the faid province, and made out of the faid province, shall be enrolled or 'registered as aforefaid, within fix months next after the making thereof, and settling and conftituting an enrolment-office or regiftry within the faid province, elfe to be void in law, against all perfons whatsoever.

XXI, That all defacers or corrupters of charters, gifts, grants, bonds, bills, wills, contracts, and conveyances, or that shall deface or falfify any enrolment, registry or record within the faid province, fhall make double fatisfaction for the fame; half whereof shall go to the party wronged, and they fhall be difmiffed of all places of trust, and be publicly disgraced as falfe

men.

XXII. That there fhall be a regifter for births, marriages, burials, wills, and letters of administration, diftinct from the other registry,

XXIII. That there fhall be a regifter for all fervants, where their names, time, wages, and days of payment shall be registered,

XXIV. That all lands and goods offelons fhall be liable to make fatisfaction to the party wronged twice the va lue; and for want of lands or goods, the felons shall be bondmen to work in the common prifon or workhoufe, or otherwife, till the ९१

party be fatisfied.

XXV.

XXV. That the eftates of capital offenders, as traitors and murderers, fhall go one third to the next of kin to the fufferer, and the remainder to the next of kin to the criminal.

XXVI. That all witneffes, coming or called to tef tify their knowledge in or to any matter or thing in any court, or before any lawful authority within the faid province, fhall there give or deliver in their evidence. or teftimony, by folemnly promifing to fpeak the truth, the whole truth, and nothing but the truth, to the matter or thing in question. And in cafe any perfon fo called to evidence, fhall be convicted of wilful falfehood, fuch perfon fhall fuffer and undergo fuch damage or penalty, as the perfon or perfons against whom he or fhe bore falfe witnefs, did or fhould undergo; and fhall alfo make fatisfaction to the party wronged, and be publicly expofed as a falfe witnefs, never to be credited in any court, or before any ma giftrate in the faid province.

XXVII. And to the end that all officers chofen to ferve within this province, may with more care and diligence answer the truft repofed in them, it is agreed, that no fuch perfon fhall enjoy more than one public office at one time,

the

XXVIII. That all children within this province, of age of twelve years, fhall be taught fome 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 fervants be not kept longer than their time, and fuch as are careful, be both juftly and kindly used in their fervice, and put in fitting equipage at the expiration thereof, according to cuftom.

XXX. That all fcandalous and malicious reporters, backbiters, defamers, and fpreaders of falfe news, whether against magiftrates or private perfons, fhall

be

« PreviousContinue »