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XVII. That the governor 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 month, yearly, elect and present to the Governor, 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 freemen of the said province, in the county courts, when they shall be erected, and till then, in the general assembly, shall, on the three and twentieth day of the second month, yearly, elect and present to the governor, or his deputy, a double number of persons, to serve for sheriffs, justices of the peace, and coroners, for the year next ensuing; out of which respective elections and presentments, the governor or his deputy shall nominate and commissionate the proper number for each office, the third day after the said presentments, or else the first named in such presentment, for each office, shall stand and serve for that office the year ensuing.*
XVIII. But forasmuch as the present condition of the province requires some immediate settlement, and admits not of so quick a revo-> lution of officers; and to the end the said province may, with all con venient 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.t
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 governor 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 sad provincial coun cil 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
tion of which number, as also the laying and methodizing of the choice of such representatives in future time, most equally to the division of the country or number of the inhabitants, is left to the governor and provincial council to propose, and the assembly to resolve, so that the order of proportion be strictly observed, both in the choice of the council and the respective committees thereof, viz. one third to go off and come in yearly.
By the charter of 1683, the judges, treasurers and masters of rolls, instead of holding their respective offices for one year, are to hold them so long as they shall well behave themselves in those capacities.
This article is omitted in the charter of 1683.
In the latter clause of this article, instead of the provincial council, the charter f1683 requires the summons of the governor and provincial council,
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 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 sudden and indispensible occasions, no business in provincial council, or its respective committees, shall be finally determined the same day that it is moved.*
XXI. That, at all times, when, and so often as it shall happen that the governor 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 governor, in all the public affairs and concerns of the said province.
XXII. That, as often as any day of the month, mentioned in any ar ticle of this charter, shall fall upon the first day of the week, commonly called the Lord's 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 governor of this province, his heirs or assigns, 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 assigns, and six parts of seven of the said freemen in provincial council and general assembly.
XXIV. And lastly, that I, the said William Penn, for myself, 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 month, valgarly called April, in the year of our Lord one thousand six hundred and eighty two.
The charter of 1683 contains the following new provisions.
And for the satisfaction and encouragement of all aliens, I do give and grant, that if any alien who is or shall be a purchaser, or who doth or shall inhabit in this province or territories thereof, shall decease at any time before he can well be natu
* By the charter of 1683, the words "And unless on sudden and indispensible occasions, no business in provincial council, or its respective committees, shall be finally determined the same day that it is moved," are omitted, and the following words inserted, "And all things relating to the preparing and passing of bills into laws shall be openly declared and resolved by the vote.
ralized, his right and interest therein shall notwithstanding descend to his wife and children, or other his relations, be he testate or intestate, according to the laws of this province and territories thereof, in such cases provided in as free and ample a manner, to all intents and purposes, as if the said alien had been naturalized.
And that the inhabitants of this province and territories thereof may be accommodated with such food and sustenance as God, in his providence, hath freely afforded, I do also further grant to the inhabitants of this province and territories thereof, liberty to fowl and hunt upon the lands they hold, and all other lands therein not enclosed; and to fish in all waters in the said lands, and in all rivers and rivulets in and belonging to this province and territories thereof, with liberty to draw his or their fish on shore, on any man's lands, so as it be not to the detriment or annoyance of the owner thereof, except such lands as do lie upon inland rivulets that are not boatable, or which are or may be hereafter erected into manors.
And that all the inhabitants of this province and territories thereof, whether purchasers or others, may have the last worldly pledge of my good and kind intentions to them and theirs, I do give, grant and confirm to all and every one of them full and quiet possession of their respective lands, to which they have any lawful or equitable claim, saving only such rents and services for the same as are or customarily ought to be reserved to me, my heirs or assigns.
The following provisions are contained in Governor Markham's charter of 1696.
No person shall be an elector, or be capable of being elected, unless they be free denizens, are of the age of 21 years, and have 50 acres of land, ten whereof being seated or cleared; or be otherwise worth fifty pounds clear estate, and have been resident within this government two years next before such election.
All persons, who, for conscience sake, cannot take an oath, are permitted to make their solemn affirmation, attest or declaration.
All elections of representatives shall be free and voluntary. The electors who receive any reward or gift for giving a vote, shall forfeit their right to elect for that year; and such persons as shall give or promise any such reward to be elected, or that shall offer to serve for nothing, or for less wages than the law prescribes, shall be rendered incapable to serve in Council or Assembly for that year. And the representatives so chosen in Council or Assembly shall yield their attendance accordingly, and be the sole judges of the regularity or irregularity of the elections of their respective members: And in case of the death, absence or inability of any of the members so elected, the Governor, within ten days after knowledge of the same, shall issue his writ to the sheriff of the proper county, for holding an election to fill the vacancy.
The daily pay of Councillors and speaker of Assembly is fixed at five shillings, and of members of Assembly at four shillings, during their attendance, and two pence for each mile going to and returning from the place where the Assembly shall be held, which sums shall be paid out of the county levies, by the county receivers respectively.
All elections of representatives for Council and Assembly, and all questions to be determined by them, shall be by the major part of votes.
1. That the charter of liberties declared, granted and confirmed, the five-and-twentieth day of the second month, called April, 1682, before divers witnesses, by William Penn, Governor and chief proprietor of Pennsylvania, to all the freemen and planters of the said province, is hereby declared and approved, and shall be forever held for fundamental in the government thereof, according to the limitations mentioned in the said charter.
2. 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 as
signs, 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 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, shall be deemed and accounted a freeman 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.
3. That all elections of members or representatives of the people and freemen of the province of Pennsylvania, 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, monies, 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.
4. That no money or goods shall be raised upon or paid by any of the people of this province, by way of public tax, custom or contribution, but by a law for that purpose made, and whosoever shall 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.
5. That all courts shall be open, and justice shall neither be sold, denied, nor delayed.
6. That in all courts all persons of all persuasions 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 friend : And the first process shall be the exhibition of the complaint in court, fourteen days before the trial; and that the party complained against may be fitted for the same, he or she shall be summoned no less than ten days 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.
7. 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 administered.
8. That all trials shall be by twelve men, and as near as may be, peers or equals, and of the neighborhood, and men without just exception. In cases 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 likewise 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.
9. 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 two-fold, and be dismissed his employment, one moiety of which shall go to the party wronged.
10. That all prisons shall be work-houses for felons, vagrants, and loose and idle persons; whereof one shall be in every county.
11. That all prisoners shall be bailable by sufficient sureties, unless for capital offences, where the proof is evident, or the presumption great.
12. That all persons wrongfully imprisoned or prosecuted at law shall have double damages against the informer or prosecutor.
13. That all prisons shall be free, as to fees, food and lodging. 14. That all lands and goods shall be liable to pay debts, es, cept where there is legal issue, and then all the goods, and one-third of the land only.
15. 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 days, either within or without the said province..
16. That seven years quiet possession shall give an unquestionable right, except in cases of infants, lunatics, married women, or persons beyond the seas.
17. That all briberies and extortions whatsoever shall be severely punished.
18. That all fines shall be moderate, and saving men's contenements, merchandise or wainage.
19. 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, and 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 the parties and witnesses, shall be brought to the proper register of that county, and shall be registered in his office.
20. And, to prevent frauds and vexatious suits within the said ince, That all charters, gifts, grants and conveyantes of land, (except provleases for a year, or under) and all bills, bonds and specialties, above five pounds, and not under three pounds, made in the said province, shall be enrolled or registered in the public Enrolment-office of the said province, within the space of two months next after the making thereof, else to be void in law. ances of land (except as aforesaid) within the said province, and made And all deeds, grants and conveyout of the said province, shall be enrolled and registered as aforesaid within six months next after the making thereof, and settling and constituting an Enrolment-office or Registry within the said province, else to be void in law against all persons whatsoever.
21. That all defacers or corrupters of charters, gifts, grants, bonds, bills, wills, contracts and conveyances, or that shall deface or falsify any enrolment, registry or record, within this province, shall make double satisfaction for the same, half whereof shall wronged; and they shall be dismissed of all places of trust, and be go to the party publicly disgraced as false men.
22. That there shall be a register for births, marriages, burials, wills, and letters of administration, distinct from the other registry.
23. That there shall be a register for all servants, where their names, time, wages and days of payment shall be registered.