When the work of arranging this matter for publication began, but few of the original rolls, prior to the year 1700, could be found among the records of the office of the Secretary of the Commonwealth, and those on file were so time-worn and mutilated, that to decipher their contents has been attended with long and tedious labor. Where the rolls were not found in the Secretary's office, their existence had to be ascertained by persistent, and often times discouraging search. The present publication embraces: First, the laws of the Duke of York, which were in force in the territory afterwards comprised within the limits of Pennsylvania, from the year 1676 to 1682. These laws in manuscript are preserved among the records of the town clerk of Hempstead, in Long Island, but are in a much mutilated condition. Fortunately, however, a certified copy of this record was secured by the New York Historical Society, in the year 1798, and published in their records in 1809. Second. The Royal Charter and Frames of government of the province, and the laws passed by the different General Assemblies of Pennsylvania, from the year 1682 to 1700, complete, excepting one for the sale of the old Court-House at Chester, in the year 1697, of which only a synopsis could be given. The appendix consists of two parts: First. A compilation of the laws and ordinances establishing the several courts of judicature of the Province of Pennsylvania, covering a period extending from the year 1682 to 1722, with an explanatory introduction. Second. Historical notes on the early government and legislative councils and assemblies of Pennsylvania, covering a period extending from the first European settlement on the Delaware, in 1623, to the year 1700. In these notes, a connected but brief history of the foundations of government in Pennsylvania, (executive and legislative,) is aimed at. most cases, original papers are quoted verbatim. The difficulty experienced in this part of the work, arose from the fact that a large portion of the original papers relative to the period covered are not to be found. A large number of legislative records, extending back from 1836 to the days of the Province, were destroyed or lost during the late war. The seals, fac similes of autographs, &c., with which the title pages and appendix are illustrated, are taken from the originals on documents in the offices of the Auditor General, the Secretary of the Commonwealth, the Department of Internal Affairs, the Pennsylvania State Library, &c. In indexing the work, the plan of making a separate index for each portion has been adopted, that the general index to the laws might be entirely free from extraneous matter. In closing these prefatory remarks, the editors desire to express their thanks to the officers of the Pennsylvania Historical Society for their encouragement and assistance in the prosecution of the work. *LAWES Establisht by the Authority of his Majesties Letters patents, granted to his Royall Highnes James Duke of Yorke and Albany; Bearing Date the 12th Day of March in the Sixteenth year of the Raigne of our Soveraigne Lord Kinge Charles the Second. Digested into one Volume for the publicke use of the Territoryes in America under the Goverment of his Royall Highnesse. Collected out of the Severall Laws now in force in his Majesties American Colonyes and Plantations. Published March the 1st Anno Domini 1664 at a General meeting at Hemsted upon Longe Island by virtue of a Commission from his Royall Highness James Duke of Yorke and Albany given to Colonell Richard Nicolls Deputy Governeur, bearing date the Second day of Aprill 1664. Absence. ished. IF any Justice or high Constable shall bee absent from Absence from ses" the Sessions held within that Riding he shall pay for every sions, how punDayes absence ten pounds and every petty Constable for each default shall pay five pounds Provided that it shall be Lawful for the Justices upon the Bench to discharge any Constable from his Appearance if they shall think fitt. Actions. That all actions of Debts Accompts Slanders and Actions Trial of actions. of the Case concerning Debts and Accompts shall be tryed within that Jurisdiction where the Cause of action Doth arise. All actions of Debt or Trespasse under the value of five Arbitrations. pounds between Neighbours shall be put to Arbitration of two indifferent persons of the Neighbourhood to be nominated by the Constable of the place; And if either or both parties shall refuse (upon any pretence,) their Arbitration: Then the next Justice of the peace upon notice therof by the Constable shall choose three other indifferent persons; who are to meet at the Dissenters charge from the first Arbi *See Appendix for ordinance introducing these laws on the Dela ware. Compensation of constables. And of arbitrators. Loss of action to plaintiff. Trial of actions tration and both plaintiffe and Defendant are to be concluded by the award of the persons so chosen by the Justice. In all differances under five pounds not triable in Courts, the Constable is to have one shilling for naming Arbitrators to whom if the Difference be refered, they shall have two shillings six pence each. If it comes to the Justice, he shall have seaven Shillings and Six pence, the Arbitrators (he appoints) five Shillings each, and the Constable for his trouble two Shillings Sixpence, This to be paid by the party is Cast. If any Person shall pretend his Debt or trespasse to be above five pounds, and on the hearing it shall appear to the Court to come under that vallew, in such cases the Plaintiffe shall lose his action and pay the Defendant Cost. All actions or Cases from the Value of five pounds to of certain value. Twenty pounds, shall be tryed at the Sessions within that Jurisdiction from whence there is to be no appeal unless the debt appear to be above that summe of twenty pounds, or where there is a dubiousness in the expression of the Law, Which doubt made by one, if it tend to the Causeless vexation of y' other Party; the other Person so offending shall pay all the charges. Actions of assault Actions of Assault or Battery Breach of the peace or the and battery, &c. like are to be tryed at the sessions within the Jurisdiction where the offence is Committed for which the Justices of the peace may take Baile or Commit to Prison such offenders to the next Sessions: Renewal of suits without cause. False damages. Non-suits. Entry and filing of actions and dec larations. Settlement of actions. Any Person renewing his Suit or Petition or Review Causeless The plaintiffe shall pay the whole charges of the Court and be Lyable to a fine; But if the Defendant be in the fault, the Just Charges shall be imposed on him. Any Person falsly pretending great damages & Debts to vex his Adversary; shall pay trible Damage. The Plaintiffe may have liberty to withdraw his Action and be non Suited (if he see cause) before the Jury give in their Verdict, but hee shall pay full cost and Charges to the Defendant. All Actions of the Plaintiffe; with his declaration shall be entered and filed in the Clarkes office eight Days before the Day of hearing, to the end that the Defendant may (if he please) take a Coppy thereof and provide his Answer Which is also to be filed by the said Defendant: And the Judgment if for the plaintiffe shall be Endorsed on the Declaration: If for the Defendant on the Answer, and all Evidences conscerning that Cause, are to be filed together and and remaine in the hands of the Clarke. Where an Action hath been once entered for proses in Court Although the Difference shall be composed between both parties before they come to a Tryall; yet the plaintiffe shall enter such Agreement in the hands of the Clarke of the Court, And so shall have Liberty to take his Action off the file, paying only for the Entry of the Agreement as for the Entry of the Action; upon forfeiture of ten Shillings for each Session which this first entry of the Action remaineth upon the file. |