USA > Pennsylvania > Annals of Pennsylvania, from the discovery of the Delaware > Part 65
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Rape.
11. « And be it further enacted, by the authority aforesaid, that whosoever shall be proved guilty of a rape or ravishment, that is, forcing a maid, widow, or wife, shall forfeit one-third of his estate to the parent of the said maid, and for want of a parent, to the said maid, and if a widow, to the said widow, and if a wife, to the husband of the said wife, and be whipped, and suffer a year's imprisonment in the house of correction, at hard labour ; and for the second offence, imprisonment, in manner aforesaid, during life.
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12. " And be it further enacted, by the authority aforesaid, that whosoever shall be convicted of uncleanness, or commit- ting of fornication, that is, if any single man shall defile a single woman, they shall suffer three months' imprisonment in Fornication. the house of correction, at hard labour, and after the expira- tion of the said term, shall take one another in marriage, and live as man and wife together ; but if the man be married, he shall forfeit one-third of his estate, and both be imprisoned as aforesaid. And whosoever shall be convicted of speaking an obscene or an unclean word, shall, for every such offence, pay one shilling, or sit in the stocks two hours.
13. " And be it further enacted, by the authority aforesaid, that whosoever shall be convicted of having two wives, or two husbands, shall be imprisoned all their lifetime in the house of correction, at hard labour, to the behoof of his former wife or children, or her former husband or children; and if a man or woman, being unmarried, do knowingly marry the husband or wife of another person, he or she shall be punished after the same manner aforesaid.
14. " And be it further enacted, by the authority aforesaid, that every person disordering and abusing himself with drink unto drunkenness, being legally convicted thereof, shall for the first time, pay five shillings, or work five days in the house of correction at hard labour, and be fed only with bread and water; and for the second offence, and ever after, ten shil- lings, or ten days' labour, as aforesaid.
15. " And be it further enacted, by the authority aforesaid, that they who do suffer such excess of drinking at their houses, shall be liable to the same punishment with the drunkard.
16. " And be it further enacted, by the authority aforesaid, that if any person do drink healths which may provoke peo- ple to unnecessary and excessive drinking, being legally con- victed thereof, shall, for every such offence, forfeit five shillings, and whosoever shall pledge the same shall be liable to the same punishment.
17. « Whereas divers persons, as English, Dutch, Swedes, &c., have been wont to sell to the Indians rum and brandy, and such like distilled spirits, though they know the said In- dians are not able to govern themselves in the use thereof, but do commonly drink of it to such excess as makes them sometimes to destroy one another, and grievously annoy and
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Polygamy.
Drunken- ness.
Permitting drunken- ness.
Drinking healths.
Selling rum, &c. to In- dians.
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disquiet the people of this province, and peradventure those of neighbouring governments, whereby they make the poor natives worse, and not better, for their coming among them, which is an heinous offence to God, and a reproach to the blessed name of Christ and his holy religion. It is therefore enacted, by the authority aforesaid, that no person within this province do, from henceforth, presume to sell or exchange any rum or brandy, or any strong liquors, at any time, to any Indian within this province, and if any one shall offend therein, the person so convicted shall, for every such offence, pay five pounds.
Arson.
18. "And be it further enacted, by the authority aforesaid, that whosoever shall be convicted of wilfully firing any man's house, warehouse, outhouse, barns, stacks or ricks of corn, vessels, or boats, in any part of this province, or territory thereunto annexed, every such offender shall be liable to make satisfaction double the value, and suffer imprisonment for one year in the house of correction, and bear such corporal pun- ishment as shall be inflicted by the court of justice of that county where the party offending hath committed the fact.
House- breaking and larceny.
19. "And be it further enacted, by the authority aforesaid, that if any person shall break into the dwelling-house of any other, to the affrighting of any dwelling therein, and shall intend or offer to take any thing out of the said house, such person convicted thereof shall make fourfold satisfaction, and suffer three months' imprisonment at hard labour, in the house of correction; and if the party offending be not able to make restitution, he or she shall be imprisoned seven years.
Thieves to restore four- fold.
20. " And be it further enacted, by the authority aforesaid, that the lands and goods of thieves and felons shall be liable to make satisfaction to the party wronged fourfold the value, and for want of lands or goods, the thief or felon shall be bondsman to work in the common prison or workhouse, or otherwise, till the party injured be satisfied.
House- breaking.
21. "And be it further enacted, by the authority aforesaid, that if any person shall violently or forcibly enter the house or possessions of any other, being duly convicted thereof, shall be punished as a breaker of the peace, and make such satisfaction to the party aggrieved as the circumstance of the fault will bear.
Rioters.
22. " And be it further enacted, by the authority aforesaid, that if any persons, to the number of three, shall meet to-
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gether with clubs, staves, or any hurtful weapon, to the terror of any of the peaceable people of this province, and commit, or design to commit any violence or injury upon the person or goods of any of the said inhabitants, they shall be reputed and punished as rioters, and that act of terror and violence, or design of violence, accounted a riot.
23. " And be it further enacted, by the authority aforesaid, that whosoever shall assault or menace a parent, and shall be parents. duly proved guilty thereof, shall be committed to the house of correction, and there remain at hard labour during the pleasure of the said parent.
24. "And be it further enacted, by the authority aforesaid, that if any person shall assault or menace a magistrate, and be duly convicted thereof, he shall be fined according to the nature of the fact, and be committed to the house of correc- tion, at hard labour, for one month after conviction.
25. " And be it further enacted, by the authority aforesaid, that if any servant assault or menace his or her master or mistress, he shall be punished at the discretion of two justices of the peace, so it be suitable to the nature of the offence.
26. "And be it further enacted, by the authority aforesaid, that any person convicted of an assault or battery committed by him on another person, he shall be reputed a breaker of the peace, and shall be punished according to the nature and circumstance of the fact.
27. " And be it further enacted, by the authority aforesaid, Giving or ac- that whosoever shall challenge another person to fight, he cepting a challenge. that challengeth, and he that accepteth the challenge, shall, for every such offence, pay five pounds, or suffer three months' imprisonment in the house of correction, at hard labour.
28. " And be it further enacted, by the authority aforesaid, that whosoever shall introduce into this province, or frequent such rude and riotous sports and practices, as prizes, stage- riotous plays, masks, revels, bull-baits, cockfighting, with such like, sports. being convicted thereof, shall be reputed and fined as breakers of the peace, and suffer at least ten days' imprisonment at hard labour, in the house of correction, or forfeit twenty shillings.
29. " And be it further enacted, by the authority aforcsaid, Gambling, that if any person be convicted of playing at cards, dice, lotterics, or such like enticing, vain, and evil sports and games, such persons shall, for every such offence, pay five 79 3 G
Violence to
Violence to magistrates.
Assaults on masters.
Assault and battery.
Against plays, and rude and
lotteries, &c.
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shillings, or suffer five days' imprisonment at hard labour, in the house of correction, &c.
Seditious writings.
30. " And be it further enacted, by the authority aforesaid, that if any person shall speak, write, or act any thing tending to sedition or disturbance of the peace, and be duly convicted thereof, the party so offending shall, for every such offence, be fined according to the nature and circumstance of the fact, provided it be not less than twenty shillings.
Speaking dis- respectfully of magis- trates.
31. " And be it further enacted, by the authority aforesaid, that if any person speak slightingly, or carry themselves abusively against any magistrate, or person in office, being duly convicted thereof, shall, for every such offence, suffer according to the quality of the magistrate, and nature of the offence, always provided it be not less than twenty shillings, or ten days' imprisonment at hard labour, in the house of correction.
Slander. Spreaders of false news.
32. " And be it further enacted, by the authority aforesaid, that all scandalous and malicious reporters, defamers, and spreaders of false news, whether against magistrates or pri- vate persons, being duly convicted thereof, shall be accord- ingly severely punished, as enemies to the peace and concord of the province.
33. "And be it further enacted, by the authority aforesaid, Scolding and that if any person shall be clamorous, scolding, or railing railing. with their tongues, upon complaint, and full proof thereof, before a justice of the peace, the said justice shall, for every such offence, commit such person to the house of correction, and there remain three days at hard labour.
Marriages encouraged. 1
To be pub- lished. How to be celebrated.
34. " And to prevent clandestine, loose, and unseemly pro- ceedings about marriage, be it enacted, by the authority aforesaid, that all marriages not forbidden by the law of God, shall be encouraged, but the parents or guardians shall be first consulted, and the parties' clearness of all other engage- ments assured by a certificate from credible persons ; and the marriage shall be published before it be solemnized, and it shall be solemnized by taking and owning one another as husband and wife, before sufficient witnesses, and a certificate of the whole, under the hands of parties and witnesses, shall be brought to the proper register of the county where they are married, and shall be registered in his office.
35. "And be it further enacted, by the authority aforesaid, that no person, be it either widower or widow, shall contract
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marriage, much less marry, under one year after the decease of his wife or her husband.
the poor and orphans. 36. " And be it further enacted, by the authority aforesaid, that if any person shall fall into decay and poverty, and be Provision for unable to maintain themselves and children, with their honest endeavour, or who shall die and leave poor orphans, that upon complaint to the next justices of the peace of the same county, the said justices, finding the complaint to be true, shall make provision for them, in such way as they shall see convenient, till the next county court, and that then care be taken for their comfortable subsistence.
37. " And to prevent exaction in public houses, be it fur- Price of beer and ale. ther enacted by the authority aforesaid, that all strong beer, and ale made of barley malt, shall be sold for not above two pennies a full Winchester quart; and all beer made of mo- lasses shall not exceed one penny a quart.
38. " And to prevent fraud in measure, and to reduce all foreign measures here to the English standard, be it further enacted, by the authority aforesaid, that the measures of this province shall be according to the standard of weights and measures in England, that is to say, a bushel shall contain eight gallons, according to the Winchester measure, and all weights to be avoirdupois, which hath sixteen ounces to the pound, within three months after the first session of this assembly.
39. " And be it further enacted, by the authority aforesaid, that no person presume to keep an ordinary without a license first obtained of the governor; and to the end that all travel- meals, &c. lers, and such as are not housekeepers, may be reasonably accommodated, in places where ordinaries now are, or shall be hereafter erected, no such keeper of such ordinary shall demand above six pennies a meal by the head, which meal shall consist of beef or pork, or such like produce of the coun- try, and small-beer ; and of a footman he shall not demand above twopence per night for his bed; and of a horseman nothing, he paying six pennies a night for his horse's hay.
40. " And be it further enacted, by the authority aforesaid, that the days of the week, and the months of the year, shall be called as in Scripture, and not by heathen names, (as are vulgarly used,) as, the first, second, and third days of the week ; and first, second, and third months of the year, &c.,
Weights and measures as in England.
Licenses for taverns; prices for
Days and months as in Scripture.
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beginning with the day called Sunday, and the month called March.
Courts of justice regu- lated.
41. " And be it further enacted, by the authority aforesaid, to the end that justice may be faithfully and openly done, according to law, that all courts of justice shall be open, and justice shall not be sold, denied, nor delayed; and in every county there shall be one court erected, to which the inhabit- ants thereof may every month repair for justice, and in case any person shall hold himself aggrieved by the sentence of the said county court, that such persons may appeal to the pro- vincial court, which shall sit quarterly, and consist of not less than five judges, the appellant giving security for the charges of the suit; and no further appeal to be admitted till the appellant deposit in court the sum he is condemned to pay, and give security, in case he be cast by the last juris- diction, which shall be the provincial council.
Parties may plead for themselves.
42. "And be it further enacted, by the authority aforesaid, 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 friends, and the first process shall be the ex- hibition of the complaint in court, fourteen days before the trial, and that the defendant be prepared for his defence, 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, to answer unto; but before the complaint of any person shall be received, he or she shall solemnly declare in open court, that he or she believes, in his or her conscience, his or her cause is just; and if the party complained against shall, notwithstanding, refuse to appear, the plaintiff shall have judgment against the defendant by default.
Witnesses to tell the truth.
False wit- nesses, how punished.
43. "And be it further enacted, by the authority aforesaid, that there shall be two credible witnesses in all cases, in order to judgment, and all witnesses coming or called 'to testify 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 so- lemnly promising to speak the truth, the whole truth, and 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 wilful falsehood, such person shall suffer and undergo such damage or penalty as the person or persons
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against whom he or she bore false witness, did or should un- dergo, and shall also make satisfaction to the party wronged, and be publicly exposed for a false witness, never to be credited again in any court, or before any magistrate in the said province ; and whosoever shall be convicted of lying in conversation, shall, for every such offence, pay half a crown, or suffer three days' imprisonment in the house of correction, at hard labour.
44. " And be it further enacted, by the authority aforesaid, that all pleading processes and records in court, shall be short, and in English, and in an ordinary and plain character, that they may be easily read and understood, and justice speedily administered.
45. " And be it further enacted, by the authority aforesaid, Juries. that all trials in civil cases shall be by twelve men, and as near as may be, peers or equals, and of the neighbourhood, and men without just exception ; and in criminal matters 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 forty-eight shall be likewise returned by the sheriff, of whom twelve shall have the final judgment, but reasonable challenges shall be always admitted, against any or all of them.
46. " And be it further enacted, by the authority aforesaid, that all fines shall be moderate, saving contenements, mer- chandise, or wainage, which is to say, the furniture of their calling and means of livelihood.
47. "And be it further enacted, by the authority aforesaid, that all fees and salaries in all cases, shall be moderate and limited by the governor and assembly, and be hung up in a up. table in every respective court; and whosoever shall be con- victed of taking more, shall pay twofold, and be dismissed his employment, one moiety of which shall go to the party wronged. And that all persons convicted of bribery and ex- tortion shall forfeit double the same.
48. " And be it further enacted, by the authority aforesaid, for avoiding of numerous suits, if two men, dealing together, be indebted to each other upon bills, bonds, bargains, or the like, provided they be of equal truth and clearness, the de- fendant shall, in his answer, acknowledge the debt which the plaintiff demandeth, and defaulk what the plaintiff owes to him upon the like clearness.
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Records to be in Eng- lish.
Fines mode- rate.
Fee and salary bills to be hung
Debtors and creditors.
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Arrest of persons leaving the province.
49. " And be it further enacted, by the authority aforesaid, that if in case any man arrest another going out of the pro- vince, he shall be ready with his declaration and evidence the next day, and shall put in security to pay the charges and damages sustained by the party arrested, if he shall be found in the wrong.
Observance of contracts.
50. "And be it further enacted, by the authority aforesaid, that all bargains, promises, and agreements, about buying and selling, being made appear by sufficient evidence, shall stand good and firm, and such as shall violate the same, he or she shall, for every such offence, pay twice the value to the party wronged.
Charters, grants, &c. to be regis- tered or en- rolled.
51. "And be it further enacted, by the authority aforesaid, to prevent frauds and vexatious suits within the said province, all charters, gifts, grants, and conveyances of land, (except leases for a year or under,) and all bills, bonds, and special- ties above five pounds, and not under three months, made in the said province, shall be enrolled or registered in the pub- lic enrolment-office of the said province, within the space of two months 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 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 what- soever; and in case the deeds of purchase in England, made of lands in this province, should be lost by the way, and so cannot be registered, copies of the deeds, attested by a pub- lic notary, shall be of equal force therein.
Force of wills in cases of lands.
52. "And be it further enacted, by the authority aforesaid, that all wills in writing, attested by two sufficient witnesses, shall be of the same force as to land, as other conveyances, being legally proved within forty days, either within or with- out the said province.
Testators to be compos mentis.
53. "And be it further enacted, by the authority aforesaid, that the will of no person shall be of force that is not in his or her right mind, and usual understanding, at the making thereof.
Intestate's estates.
54. "And be it further enacted, by the authority aforesaid, that the estates of intestates shall go to the wife and to the children, and if no wife be living at the time of death, all the
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estate shall go to the children, and if no children, one-third to the governor, and two-thirds to the next of kin.
55. "And be it further enacted, by the authority aforesaid, that there shall be a registry for births, marriages, burials, wills, the names of executors, and guardians, and trustees, and letters of administration, distinct from the other registry.
56. " And be it further enacted, by the authority aforesaid, that servants shall not be kept longer than their time, and such as are careful shall be both justly and kindly used in their service, and put in fitting equipage at the expiration thereof, according to custom ; and such as run away and serve not their time, when caught shall serve twice the time he or she was absent, and pay the charges, or serve out the value after their time is expired; and if any master abuse his ser- vant, on complaint to the next justice of the peace, he shall take care to redress the said grievance.
57. "And be it further enacted, by the authority aforesaid, that there shall be a registry for all servants, where their names, time, wages, and days of freedom or payment, shall be registered.
58. "And be it further enacted, by the authority aforesaid, that all factors or correspondents in this 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 estates as be- longs to his said respective employers.
59. " And be it further enacted, by the authority aforesaid, that all defacers or corruptors of charters, gifts, grants, bonds, bills, wills, contracts, or 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 go to the party wronged, and they shall be dismissed of all places of trust, and be publicly disgraced as false persons.
60. " And be it further enacted, by the authority aforesaid, that all lands and goods shall be liable to pay debts, except where there be legal issue, and then all goods, and one-half of the land only, in case the land was bought before the debts were contracted.
61. " And be it further enacted, by the authority aforesaid, Bail to be that all prisoners shall be bailable by sufficient sureties, un- taken.
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Registers of births, &c.
Respecting Servants, &c.
To be regis- tered.
Against un- faithful fac- tors.
Defacing in- struments.
Lands and goods liable for debts.
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less in capital offences, where the proof is evident, or the pre- sumption great ; and every quarter of a year there shall be a jail delivery in every county, where imprisonment is not the punishment.
Prisons to be workhouses.
62. " And be it further enacted, by the authority aforesaid, that all prisons shall be workhouses for felons, thieves, va- grants, and loose, abusive, and idle persons, whereof one shall be in every county.
Prisoners to well treated.
63. "And be it further enacted, by the authority aforesaid, that jailers shall not oppress their prisoners, and that all pri- sons shall be free as to room, and all prisoners shall have liberty to provide themselves bedding, food, and other neces- saries, during their imprisonment, except such whose punish- ment by law will not admit of that liberty. And be it further enacted, by the authority aforesaid, that any person wrong- fully imprisoned shall have double damages against the in- former or prosecutor.
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