Page images

to be there impeached, to pass Bills into Laws that they fhall think fit to pass into Laws, and till such Time as the Governor and provincial Council thall declare that they have nothing further to propose unto them for their Aflent and Approbation : And that Declaration shall be a Dismiss to the general Assembly for that

Time; which general Assembly shall be notwithstanding capable of alTembling together upon the Summons of the provincial Council, at any Time during that Year, if the said provincial Council Thall see Occasion for their so affembling.

XX. That all the Elections of Members or Reprefentatives 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 Afsembly, 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 fudden and indispensible Occasions, no Business in provincial Council, or its respective Committees, thall be finally determined the same Day. that it is moyed.

XXI. That at all Times, when, and so often, as it thall happen, that the Governor shall or inay 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 Commiflioners shall be deceased ; that during such Minority, the provincial Council fhall, from Time to Time, as they Thall see meet, constitute and appoint Guardians or Commiffioners, not exceeding three ; one of


K 2..

which three shall prefide 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 Governor, in all the public Affairs and Concerns of the faid Province.

XXII. That as often as any Day of the Month mentioned in any Article of this Charter, Ihall fall upon the first Day of the Week, commonly called the Lord's Day, the Business appointed for that Day fhall be deferred till the next Day, unless in Case of Emergency.

XXIII. That no Act, Law, or Ordinance whatsoever, Thall at any Time hereafter be made or done by the Governor of this Province, his Heirs or Alfighs, or by the Freemen 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 Governor, his Heirs or Aligns, and fix - Parts of feven of the said Fréemen in provincial · Council and general Assembly,

XXIV. And lastly, That I'the said William Penn, for myfelf, my Heirs and Affigns, have folemnly declared, granted, and confirmed, and do hereby solemnly declare, grant, and confirm, That neither I, my 'Heirs nor Afişns, "thall procure or do any Thing or Things, 'whereby the Liberties in this Charter, contained and exprelled, shall be infringed or broken ; and if any Thing be

. procured by any Person or Perfons contrary to these Premifies, 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 Geal, this five-and-twentieth Day of the


[ocr errors]

second Month, vulgarly called April, in the Year of our LORD One Thousand Six Hundred, and Eighty-twoo.


LAW8 agreed upon in England, &c.


HAT the Charter of Liberties, declared,

granted, and confirmed the five-and-twentieth Day of the second Month, called April 1682, before diversWitnesses, by William Penn, Go vernps and chjef, Proprietor, of Pennsylvania, to all the Freemen and Planters of the said Province, is hereby declared and approved, and shall be for ever held for Fundamental in the Government thereof, according to the Limitations mentioned in the said Charter.


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 Aligns, and; every. Person who shall have paid his Para sage, and taken up one hundred Acres of Land, at one Penny an Acre, and have cultivated ten Acres thereofs and every. Person that hath been a Servant or Bondsman, 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 pays Scot and Lot to the Government, Ihall be deemed and accounted a Freeman of the said; Province: . And every such



Person thall

, and may be capable of electing, or being elected Representatives of the People in provincial Council, or general Assembly in the said Province.

That all Elections of Members, or Represen. tatives of the People and Fretmen of the Province of Pennsylvania, to serve in provincial Council or general Assembly to be held within the said Province, thall be fred and voluntary. And that the Elector that shall receive any Reward or Gift, in Meat, Drink, Monies, or otherwise, thall forfeit hiş Right to elect; and such Person as shall di-, rectly or indirectly give, promise, or bestow any such Reward, as aforesaid, to be elected, shall for feit his Election, and be thereby incapable to serve as aforesaid : And the provincial Council and

general Affembly fhall be the fole 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 Public Tax, Cuftom, or Contribution, but by a Law for that Purpose made and who foever thall levy, collect, or pay any Money or Goods contrary thereunto, shall be held a public Enemy to the Province, and a Betrayer of the Liberties of the People thereof.

V. That all Courts shall be open, and Justice thall neither be fold, denied, nor delayed.


That in all Courts, all Persons of all Persuafions may freely appear in their own Way, and according to their own Manner, and there 'perfonally plead their own Cause themselves ; or if unable, their Friend w And the first Process Malla


[ocr errors]

be the Exhibition of the Complaint in Court, fourteen Days before the Trial; and that the Party complained against may be fitted for the fame, he or the shall be summoned, 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 Person be received, he Ihall solemnly declare in Court, That he believes in his Conscience his Cause is just.

VII. That all Pleadings, Processes, and Records in Court shall be short, and in English, and in an ordinary and plain Character, that they may be understood, and Justice speedily adminiftred..

VIII. That all Trials shall be by twelve Men, and as near as may be, Peers or Equals, and of the Neighbourhood, and Men without juft Exception in Cafes of Life. There shall be first twenty-four returned by the Sheriffs 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 likewife returned by the Sheriff, shall have the final Judgment. But reasonable Challenges shall be always

admitted against the said twelve Men, or any of them.

IX. That all Fees in all Cafes shall be moderatey 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 two-fold, and be dismissed his Employment, one Moiety of which shall go to the Party wronged.

[ocr errors]
« PreviousContinue »