FIEST FRAME OF GOVERNMENT. 25 



Council, or General Assembly, to be held within the said province, shall 

 be free and voluntarj^ : and that the elector, that shall receive any re- 

 ward 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 

 bestoAV any such reward as aforesaid, to be elected, shall forfeit his elec- 

 tion, 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 public tax, custom or contribution, 

 but by a law, for that purpose made ; and whoever 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 



V. That all courts shall be open, and justice shall neither be sold, de- 

 nied nor delayed. 



VI. 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. 



VII. That all pleadings, processes and records in courts, shall be 

 short, and in English^ and in an ordinar}'- and plain character, that they 

 may be understood, and justice speedily administered. 



VIII. 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 excep- 

 tion ; 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. 



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 two-fold, and be dismissed his employment ; one moiety 

 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.' 



