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 Approx. 48 KB of XML-encoded text transcribed from 8 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2006-02 (EEBO-TCP Phase 1). A54139 Wing P1292 ESTC R18855 13048387 ocm 13048387 96946 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A54139) Transcribed from: (Early English Books Online ; image set 96946) Images scanned from microfilm: (Early English books, 1641-1700 ; 748:16) 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. [4], 11 p. s.n.], [S.l. : 1682. The preface and the "Frame of government" are signed: William Penn. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Pennsylvania -- Politics and government -- Colonial period, ca. 1660-1775. 2005-07 TCP Assigned for keying and markup 2005-09 Apex CoVantage Keyed and coded from ProQuest page images 2005-11 John Latta Sampled and proofread 2005-11 John Latta Text and markup reviewed and edited 2006-01 pfs Batch review (QC) and XML conversion 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 . Printed in the Year MDCLXXXII . THE PREFACE . VVHen the Great and Wise God had made the World , of all his Creatures it pleased him to chuse Man his Deputy to Rule it : And to fit him for so great a Charge and Trust , he did not only qualifie him with Skill and Power , but with Integrity to use them justly . This Native Goodness was equally his Honour and his Happiness ; and whilst he stood here , all went well : There was no need of Coercive or Compulsive means ; the Precept of Divine Love and Truth , in his own Bosom was the Guide and Keeper of his Innocency . But Lust prevailing against Duty , made a lamentable Breach upon it ; and the Law , that before had no Power over him , took place upon him and his Disobedient Posterity , that such as would not live conformable to the holy Law within , should fall under the Reproof and Correction of the just Law without in a Judicial Administration . This the Apostle teaches in divers of his Epistles : The Law ( says he ) was added because of Transgression : In another place ; Knowing that the Law was not made for the Righteous Man , but for the Disobedient and Vngodly , for Sinners , for Vnholy and Prophane , for Murderers , for Whoremongers , for them that Defile themselves with Mankind , and for Men-stealers , for Lyars , for Perjured Persons , &c. But this is not all , he opens and carries the matter of Government a little farther ; Let every Soul be subject to the higher Powers ; for there is no Power but of God. The Powers that be , are ordained of God : Whosoever therefore resisteth the Power , resisteth the Ordinance of God. For Rulers are not a Terror to good Works , but to Evil : Wilt thou then not be afraid of the Power , Do that which is good , and thou shalt have Praise of the same — He is the Minister of God to thee for good — Wherefore , ye must needs be subject , not only for Wrath , but for Conscience sake . This settles the Divine Right of Government beyond Exception , and that for two ends : First , To Terrifie Evil-Doers : Secondly , To Cherish those that do Well ; which gives Government a Life beyond Corruption , and makes it as durable in the World , as Good Men shall be . So that Government seems to me a part of Religion it self , a thing Sacred in its Institution and End : for if it does not directly remove the Cause , it crushes the Effects of Evil , and is as such ( though a lower , yet ) an Emanation of the same Divine Power , that is both Author and Object of Pure Religion ; the Difference lying here , that the One is more Free and Mental , the Other , more Corporal and Compulsive in its Operations : But that is only to Evil-doers ; Government in it self being otherwise as capable of Kindness , Goodness and Charity as a more private Society . They weakly Err , that think there is no other use for Government , than Correction , which is the coursest part of it : Daily experience tells us , that the Care and Regulation of many other Affairs , more soft and daily necessary , make up much the greatest part of Government ; and which must have followed the Peopling of the World , had Adam never fell , and will continue among Men on Earth under the highest Attainments they may arrive at , by the Coming of the blessed Second Adam , the Lord from Heaven . — Thus much of Government in General , as to its Rise and End. For particular Frames and Models , it will become me to say little ; and comparatively I will say nothing . My Reasons are , First , That the Age is too nice and difficult for it , there being nothing the Wits of Men are more busie and divided upon . 'T is true , they seem to agree in the end , to wit , Happiness ; but in the means they differ , as to Divine , so to this Humane Felicity ; and the cause is much the same , not alwayes want of Light and Knowledge , but want of using them rightly . Men side with their Passions against their Reason ; and their sinister Interests have so strong a Byass upon their minds , that they lean to them against the good of the things they know . Secondly , I do not find a Model in the World , that Time , Place and some singular Emergencies have not necessarily alter'd ; nor is it easie to frame a Civil Government , that shall serve all places alike . Thirdly , I know what is said by the several Admirers of Monarchy , Aristocracy and Democracy , whith are the Rule of One , a Few and Many , and are the Three Common Idea's of Government , when men discourse of that Subject . But I chuse to solve the Controversie with this small Distinction , and it belongs to all three : Any Government is Free to the People under it ( what-ever be the Frame ) where the Laws Rule , and the People are a Party to those Laws , and more then this is Tyranny , Oligarchy or Confusion . But Lastly , when all is said , there is hardly one Frame of Government in the World so ill design'd by its first Founders , that in good hands would not do well enough ; and Story tells us , The Best in Ill Ones can do nothing that is great or good ; witness the Jewish and Roman States . Governments , like Clocks , go from the motion Men give them ; and as Governments are made and mov'd by Men , so by Them they are Ruin'd too : wherefore Governments rather depend upon Men , then Men upon Governments . Let Men be good , and the Government can't be bad ; if it be ill , they will cure it : but if Men be bad , let the Government be never so good , they will endeavour to warp and spoil it to their Turn . I know some say , Let us have good Laws , and no matter for the Men that Execute them : But let them consider , that though good Laws do well , good Men do better ; for good Laws may want good Men , and be abolished or evaded by ill Men ; but good Men will never want good Laws nor suffer Ill Ones . 'T is true , good Laws have some Awe upon Ill Ministers , but that is where They have not Power to escape or abolish them , and the People are generally wise and good : But a loose and deprav'd People ( which is to the Question ) love Laws and an Administration like themselves . That therefore which makes a good Constitution must keep it ; ( viz. ) Men of Wisdom and Virtue ; qualities , that because they descend not with Worldly Inheritances , must be carefully propagated by a virtuous Education of Youth ; for which After-Ages will owe more to the care and prudence of Founders and the successive Magistracy , then to their Parents for their private Patrimonies . These Considerations of the Weight of Government , and the nice and various Opinions about it , made it uneasie to Me to think of publishing the ensuing Frame and Conditional Laws , foreseeing , both the Censures they will meet with from Men of differing Humors and engagements , and the occasion they may give of discourse beyond my design . But next to the Power of Necessity , ( which is a Solicitor that will take no denial ) this induc'd me to a Compliance , that we have ( with Reverence to God and good Conscience to Men ) to the best of our Skill contrived and composed the Frame and Laws of this Government to the great End of all Government , viz. To support Power in Reverence with the People , And to secure the People from the abuse of Power ; that they may be Free by their just Obedience , and the Magistrates Honourable for their just Administration : For Liberty without Obedience is Confusion , and Obedience without Liberty is Slavery . To carry this Evenness is partly owing to the Constitution , and partly to the Magistracy ; where either of these fail , Government will be subject to Convulsions : but where both are wanting , it must be totally subverted : Then where both meet , the Government is like to endure : Which I humbly pray and hope , God will please to make the Lot of This of Pennsilvania : Amen . VVilliam Penn. THE FRAME OF THE Government of Pennsilvania IN AMERICA , &c. To all People , to whom these Presents shall come : WHEREAS King Charles the Second , by his Letters Patents , under the Great Seal of England , for the Considerations therein mentioned , hath been graciously pleased to Give and Grant unto Me William Penn ( by the Name of William Penn Esquire , Son and Heir of Sir Willam Penn deceased ) and to My Heirs and Assigns forever , All that Tract of Land or Province , called Pennsilvania , in America , with divers great Powers , Preheminencies , Royalties , Jurisdictions and Authorities necessary for the Well-being and Government thereof . Now know Ye , That for the Well-being and Government of the said Province , and for the Encouragement of all the Free-men and Planters that may be therein concerned , in pursuance of the Powers aforementioned , I the said William Penn have Declared , Granted and Confirmed , and by these Presents for Me , my Heirs and Assigns do Declare , Grant and Confirm unto all the Free-men , Planters and Adventurers of , in and to the said Province These Liberties , Franchises and Properties to be held , enjoyed and kept by the Free-men , Planters and Inhabitants of and in the said Province of Pennsilvania forever . Imprimis , That the Government of this Province shall , according to the Powers of the Patent , consist of the Governour and Free-men of the said Province , in the Form of a Provincial Council and General Assembly , by whom all Laws shall be made . Officers chosen and publick Affairs Transacted , as is hereafter respectively declared ; That is to say , II. That the Free-men of the said Province shall on the Twentieth day of the Twelfth Moneth , which shall be in this present Year One Thousand Six Hundred Eighty and Two , Meet and Assembly in some fit place , of which timely Notice shall be beforehand given by the Governour or his Deputy , and then and there shall chuse out of themselves Seventy Two Persons of most Note for their Wisdom , Virtue and Ability , who shall meet on the Tenth day of the First Moneth next ensuing , and alwayes be called and act as the Provincial Council of the said Province . III. That at the first Choice of such Provincial Council , One Third part of the said Provincial Council shall be chosen to serve for Three Years then next ensuing , One Third part for Two Years then next ensuing , and One Third part for One Year then next following such Election , and no longer ; and that the said Third part shall go out accordingly . And on the Twentieth day of the Twelfth Moneth , as aforesaid , yearly , forever afterward , the Free-men of the said Province shall in like manner Meet and Assemble together , and then chuse Twenty Four Persons , being One Third of the said Number , to serve in Provincial Council for Three Years , it being intended , that One Third of the whole Provincial Council ( alwayes consisting and to consist of Seventy Two Persons , as aforesaid ) falling off Yearly , it shall be yearly supplied by such new yearly Elections as aforesaid . And that no one Person shall continue therein longer than Three Years : And in case any Member shall decease before the last Election , during his time , that then at the next Election ensuing his Decease , another shall be chosen to supply his place for the remaining time he was to have served , and no longer . IV. That after the first Seven Years , every one of the said Third parts that goeth yearly off , shall be uncapable of being Chosen again for one whole Year following : That so all may be sitted for Government , and have Experience of the Care and Burden of it . V. That the Provincial Council in all Cases and Matters of Moment , as their Arguing upon Bills to be past into Laws , Erecting Courts of Justice , giving Judgment upon Criminals Impeached , and Choice of Officers in such manner as is herein after mentioned , Not less than Two Thirds of the whole Provincial Council shall make a Quorum ; and that the Consent and Approbation of Two Thirds of such Quorum shall be had in all such Cases or Matters of Moment . And moreover , that in all Cases and Matters of lesser Moment , Twenty Four Members of the said Provincial Council shall make a Quorum , the Majority of which twenty four shall and may always Determine in such Cases & Causes of lesser Moment . VI. That in this Provincial Council the Governour or his Deputy shall or may alwayes preside and have a Treble Voice ; and the said Provincial Council shall alwayes continue and sit upon its own Adjournments and Committees . VII . That the Governour and Provincial Council shall prepare and propose to the General Assembly , hereafter mentioned , all Bills , which they shall at any time think fit to be past into Laws within the said Province ; which Bills shall be Publisht and Affixed to the most noted Places in the Inhabited Parts thereof Thirty Dayes before the Meeting of the General Assembly , in order to the passing of them into Laws , or rejecting of them , as the General Assembly shall see meet . VIII . That the Governour and Provincial Council shall take Care , that all Laws , Statutes and Ordinances , which shall at any time be made within the said Province , be duely and diligently Executed . IX . That the Governour and Provincial Council shall at all times have the Care of the Peace and Safety of the Province ; and that nothing be by any Person attempted to the Subversion of this Frame of Government . X. That the Governour and Provincial Council shall at all times settle and order the Scituation of all Cities , Ports and Market-Towns in every County , modelling therein all publick Buildings , Streets and Market-Places ; and shall appoint all necessary Roads and Highwayes in the Province . XI . That the Governour and Provincial Council shall at all times have Power to inspect the Management of the publick Treasury , and punish those who shall Convert any part thereof to any other use , than what hath been agreed upon by the Governour , Provincial Council and General Assembly . XII . That the Governour and Provincial Council shall erect and order all publick Schools , and encourage and reward the Authors of useful Sciences and laudable Inventions in the said Province . XIII . That for the better Management of the Powers and Trust aforesaid , the Provincial Council shall from time to time divide it self into Four distinct and proper Committees , for the more easie Administration of the Affairs of the Province , which divides the Seventy Two into four Eighteens , every one of which Eighteens shall consist of Six out of each of the Three Orders or Yearly Elections , each of which shall have a distinct portion of Business , as followeth . First , A Committee of Plantations , to scituate and settle Cities , Ports , Market-Towns and High-wayes , and to hear and decide all Suits and Controversies relating to Plantations . Secondly , A Committee of Justice and Safety to secure the Peace of the Province , and punish the Male-Administration of those who subvert Justice to the Prejudice of the publick or private Interest . Thirdly , A Committee of Trade and Treasury , who shall regulate all Trade and Commerce according to Law , encourage Manufacture and Country-growth , and defray the publick Charge of the Province . And Fourthly , A Committee of Manners , Education and Arts , that all Wicked and Scandalous Living may be prevented , and that Youth may be successively trained up in Virtue and useful Knowledge and Arts ; the Quorum of each of which Committees being Six , that is , Two out of each of the three Orders or yearly Elections , as aforesaid , make a constant or standing Council of twenty four , which will have the Power of the Provincial Council , being the Quorum of it , in all Cases not excepted in the fifth Article ; and in the said Committees and standing Council of the Province , the Governour or his Deputy shall or may Preside , as aforesaid . And in the Absence of the Governour or his Deputy ; if no one is by either of them appointed , the said Committees or Council shall appoint a President for that time , and not otherwise ; and what shall be resolved at such Committees , shall be reported to the said Council of the Province , and shall be by them Resolved and Confirmed before the same shall be put in Execution : And that these respective Committees shall not sit at one and the same time , except in cases of necessity . XIV . And to the end that all Laws prepared by the Governour and Provincial Council aforesaid , may yet have the more full Concurrence of the Free-men of the Province , It is Declared , Granted and Confirmed , that at the time and Place or Places , for the Choice of a Provincial Council , as aforesaid , the said Free-men shall Yearly chuse Members to serve in a General Assembly , as their Representatives , not exceeding Two Hundred Persons , who shall Yearly meet on the Twentieth Day of the second Moneth , which shall be in the Year 1683. following , in the Capital Town or City of the said Province , where during Eight Dayes the several Members may freely Confer with one another ; and if any of them see meet , with a Committee of the Provincial Council ( consisting of Three out of each of the Four Committees aforesaid , being Twelve in all ) which shall be at that time purposely Appointed to receive from any of them Proposals for the Alteration or Amendment of any of the said proposed and promulgated Bills ; and on the Ninth Day from their so meeting , the said General Assembly , after the reading over of the proposed Bills by the Clark of the Provincial Council , and the Occasions and Motives for them being opened by the Governour or his Deputy , shall give their Affirmative or Negative , which to them seemeth best , in such manner as hereafter is exprest : But not less than two Thirds shall make a Quorum in the Passing of Laws and Choice of such Officers as are by them to be Chosen . XV. That the Laws so prepared and proposed as aforesaid , that are Assented to by the General Assembly , shall be Enrolled , as Laws of the Province , with this Stile , By the Governour , with the Assent and Approbation of the Free-men in Provincial Council and General Assembly . XVI . That for the better Establishment of the Government and Laws of this Province , and to the end there may be an Universal Satisfaction in the laying of the Fundamentals thereof , the General Assembly shall or may for the first Year consist of all the Free-men of and in the said Province ; and ever after it shall be yearly Chosen , as aforesaid : which Number of Two Hundred shall be Enlarged as the Country shall Encrease in People , so as it do not Exceed Five Hundred at any time : The Appointment and Proportioning of which , as also the Laying and Methodizing of the Choice of the Provincial Council and General Assembly in future times most Equally to the Division of the Hundreds and Counties , which the Country shall hereafter be divided into , shall be in the Power of the Provincial Council to Propose , and the General Assembly to Resolve . XVII . That the Governour and the Provincial Council shall Erect from time to time standing Courts of Justice in such Places and Number , as they shall judge Convenient for the good Government of the said Province . And that the Provincial Council shall on the Thirteenth Day of the First Moneth Yearly Elect and Present to the Governour or his Deputy a double Number of Persons to serve for Judges , Treasurers , Masters of Rolls within the said Province for the Year next ensuing . And the Free-men of the said Province in their County-Courts , when they shall be erected , and till then , in the General Assembly shall on the Three and Twentieth Day of the Second Moneth yearly Elect and Present to the Governour or his Deputy a Double Number of Persons to serve for Sheriffs , Justices of Peace and Coroners for the Year next ensuing ; Out of which Respective Elections and Presentments the Governour or his Deputy shall Nominate and Commissionate the proper Number for each Office the Third day after the said respective Presentments , or else the First named in such Presentment for each Office shall stand and serve for that Office the Year ensuing . XVIII . But for as much as the present Condition of the Province requires some Immediate Settlement , and admits not of so quick a Revolution of Officers , and to the end the said Province may with all convenient Speed be well ordered and settled , I William Penn do therefore think fit to Nominate and Appoint such Persons for Judges , Treasurers , Masters of the Rolls , Sheriffs , Justices of the Peace and Coroners , as are most fitly qualified for those Employments ; to whom I shall make and grant Commissions for the said Offices , respectively to hold to them to whom the same shall be granted , for so long time as every such Person shall Well behave himself in the Office or Place to him respectively granted , and no longer . And upon the Decease or Displacing of any of the said Officers , the succeeding Officer or Officers shall be chosen as 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 , 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. Notes, typically marginal, from the original text Notes for div A54139-e1960 ☜