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270

DR. FRANKLIN'S WILL.

Extract from a Codicil to the Will of Doctor Benjamin Franklin, dated 23d day of June, 1789, proved the 23d of April, 1790-Recorded at Philadelphia.

"It having long been a fixed political opinion of mine that in a democratical state there ought to be no offices of profit, for the reasons I had given in an article of my drawing in our constitution, it was my intention when I accepted the office of president, to devote the appointed salary to some public uses Accordingly I had already, before I made my will in July last, given large sums of it to colleges, schools, building of churches, &c. and in that will I bequeathed two thousand pounds more to the state for the purpose of making the Schuylkill navigable. But understanding since that such a sum will do but little towards accomplishing such a work, and that the project is not likely to be undertaken for many years to come, and having entertained another idea that I hope may be more extensively useful, I do hereby revoke and annul that bequest, and direct that the certificates I have for what remains due to me of that salary, be sold towards raising the sum of two thousand pounds sterling, to be disposed of as I am now about to order. It has been an opinion that he who receives an estate from his ancestors, is under some kind of obligation to transmit the same to their posterity. This obligation does not lie on me, who never inherited a shilling from any ancestor or relation. I shall, however, if it is not diminished by some accident before my death, leave a considerable estate among my descendants and relations. The above observation is made merely as some apology to my family for my making bequests that do not appear to have any immediate relation to their advantage.

"I was born in Boston, New England, and owe my first instructions in literature to the free grammar schools established there. I have, therefore, already considered those schools in my will. But I am also under obligations to the state of the Massachusetts, for having, unasked, appointed me formerly their agent in England, with a handsome salary, which continued some years; and although I accidentally lost in their service, by transmitting governor Hutchinson's letters, much more than the amount of what they gave me, I do not think that ought in the least to diminish my gratitude.

to me,

"I have considered that among artisans, good ap. prentices are most likely to make good citizens, and having myself been bred to a manual art, printing, in my native town, and afterwards assisted to set up my business in Philadelphia, by kind loans of money from two friends there, which was the foundation of my fortune, and of all the utility in life that may be ascribed I wish to be useful even after my death, if possible, in forming and advancing other young men that may be serviceable to their country in both those towns. To this end I devote two thousand pounds sterling, which I give, one thousand thereof to the inhabitants of the town of Boston in Massachusetts, and the other thousand to the inhabitants of the city of Philadelphia, in trust to and for the uses, intents, and purposes hereinafter mentioned and declared. The said sum of one thousand pounds sterling, if accepted by the inhabitants of the town of Boston, shall be managed under the direction of the Select Men, united with the ministers of the oldest Episcopalian, Congregational, and Presbyterian churches in that town, who are to let out the same upon interest at five per cent. per annum, to such young married artificers under the age of twentyfive years as have served an apprenticeship in the said town, and faithfully fulfilled the duties required in their indentures, so as to obtain a good moral character from at least two respectable citizens, who are willing to become their sureties in a bond with the applicants for the repayment of the moneys so lent, with interest according to the terms hereinafter prescribed. All which

bonds are to be taken for Spanish milled dollars, or the value thereof in current gold coin. And the managers shall keep a bound book or books, wherein shall be entered the names of those who shall apply for and receive the benefit of this institution, and of their sureties, together with the sums lent, the dates, and other necessary and proper records respecting the business And as these loans are and concerns of this institution. intended to assist young married artificers in setting up their business, they are to be proportioned by the dis cretion of the managers, so as not to exceed sixty pounds sterling to one person, nor to be less than fifteen pounds. And if the number of appliers so entitled should be so large as that the sum will not suffice to afford to each as much as might otherwise not be im. proper, the proportion to each shall be diminished, so These aids as to afford to every one some assistance. may, therefore, be small at first, but as the capital increases by the accumulated interest, they will be more ample. And in order to serve as many as possible in their turn, as well as to make the repayment of the principal borrowed more easy, each borrower shall be obliged to pay, with the yearly interest, one-tenth part of the principal, which sums of principal and interest so paid in, shall be again let out to fresh borrowers. And as it is presumed that there will always be found in Boston virtuous and benevolent citizens, willing to bestow a part of their time in doing good to the rising generation, by superintending and managing this institution gratis, it is hoped that no part of the money will at any time lie dead, or be diverted to other purposes, but be continually augmenting by the interest, in which case there may in time be more than the occasions in Boston shall require, and then some may be spared to the neighboring or other towns in the said state of Massachusetts, who may desire to have it, such towns engaging to pay punctually the interest and the portions of the principal annually to the inhabitants of the town of Boston. If this plan's executed, and succeeds as projected, without interruption, for one hundred years, the sum wiil then be one hundred and thir ty-one thousand pounds, of which I would have the managers of the donation to the town of Boston then lay out at their discretion one hundred thousand pounds in public works, which may be judged of most general utility to the inhabitants. such as fortifications, bridges, aqueducts, public buildings, baths, pavements, or whatever may make living in the town more convenient to its people, and render it more agreeable to strangers resorting thither for health, or a temporary residence. The remaining thirty-one thousand pounds, I would have continued to be let out on interest in the manner above directed for another hundred years, as I hope it will have been found that the institution has had a good effect on the conduct of youth, and been of service to many worthy characters and useful citizens. At the end of this second term, if no unfortunate accident has prevented the operation, the sum will be four millions and sixty-one thousand pounds sterling, of which I leave one million sixty-one thousand pounds to the disposition of the inhabitants of the town of Boston, and three millions to the disposition of the government of the state, not presuming to carry my views farther. All the directions herein given respecting the disposition and management of the donation to the inhabitants of Boston, I would have observed respecting that to the inhabitants of Philadelphia; only, as Philadelphia is incorporated, I request the corporation of that city to undertake the management agreeable to the said directions, and I do hereby vest them with full and ample powers for that purpose, and having considered that the covering its ground plat with buildings and pave. ments which carry off most of the rain, and prevent its soaking into the earth, and renewing and purifying the springs, whence the water of the wells must gradually grow worse, and in time be unfit for use, as I find has happened in all old cities, I recommend that at the end

of the first hundred years, if not done before, the corporation of the city employ a part of the hundred thousand pounds in bringing by pipes the water of Wissahickon creek into the town, so as to supply the inhabitants, which I apprehend may be done without great difficulty, the level of that creek being much above that of the city, and may be made higher by a dam. I also recommend making the Schuylkill completely naviga ble. At the end of the second hundred years, I would have the disposition of the four million and sixty-one thousand pounds divided between the inhabitants of the city of Philadelphia, and the government of Pennsylvania, in the same manner as herein directed with respect to that of the inhabitants of Boston and the government of Massachusetts.

"It is my desire that this institution should take place and begin to operate within one year after my decease, for which purpose due notice shall be publicly given previous to the expiration of that year, that those for whose benefit this establishment is intended may make their respective applications. And I hereby direct my executors, the survivors or survivor of them, within six months after my decease, to pay over the said sum of two thousand pounds sterling, to such persons as shall be duly appointed by the Select Men of Boston and the Corporation of Philadelphia, to receive and take charge of their respective sums of one thousand pounds each, for the purposes aforesaid.

"Considering the accidents to which all human affairs and projects are subject in such a length of time, I have perhaps too much flattered myself with a vain fancy, that these dispositions, if carried into execution, will be continued without interruption, and have the effects proposed. I hope, however, that if the inhabitants of the two cities should not think fit to undertake the ex. ecution, they will at least accept the offer of these donations as a mark of my good will, a token of my gratitude, and a testimony of my earnest desire to be useful to them even after my departure. I wish indeed that they may both undertake to endeavor the execution of the project, because I think that though unforeseen difficulties may arise, expedients will be found to remove them, and the scheme will be found practicable. If one of them accepts the money with the conditions, and the other refuses, my will then is that both sums be given to the inhabitants of the city accepting the whole, to be applied to the same purposes and under the same regulations directed for the separate parts, and if both refuse, the money of course remains in the mass of my estate, and is to be disposed of therewith according to my will made the seventeenth day of July,

1788."

By a resolution of Councils, passed December 4, 1797, the city treasurer was directed "to take under his care and management the legacy of Dr. Franklin, and to loan such sums of money as he may receive on account of the same, on such security as may be approved of by the Mayor or Recorder; to keep an account of the same, which shall be open to the inspection of any committee or member of Council-and report a statement of the fund to Councils at least once in each year."

By resolutions passed June 11, 1829, it was direct

ed

1. That one of the sureties in each bond for the said loads shall be the owner of real estate situate in the city and county of Philadelphia, sufficient to secure the payment of the principal and interest of such loan.

2. That a warrant of attorney shall accompany each bond, containing an authority to enter judgment immediately, and to take out execution for each instalment as it becomes due, and the treasurer is directed to enter up judgment immediately, and to keep the same revived from time to time according to law.

3. That no female shall be taken as surety in any

such bond.

STATEMENT

Of the account of Dr. Benjamin Franklin's legacy, on the 23d of May, 1832.

Amount of the legacy received on the 26th of May, 1798, from the executors, $4,444 44 Amount at the credit of the legacy on the 1st of January, 1832, $23,059 37

ELIAS BOUDINOT'S WILL.

Extract from the Will of Elias Boudinot, Esq. dated 3d July, 1821.-Proved and recorded at Mount Holly, N. J.-3d November, 1821.

"As to all the rest and residue of my estate, real, personal, and mixed, wherever it may be, I give, devise, and bequeath the same, and every part thereof, to my beloved daughter Susan V. Bradford, my nephew Dr. Richard Stockton, of Princeton, Lucius H. Stockton, of Trenton, Elias E. Boudinot, son of my late beloved brother, Elisha Boudinot, Samuel Bayard, Esquires, and the survivors and survivor of them, his heirs and assigns in fee simple as joint-tenants and not as tenants in common, in trust nevertheless, and to and for the sole uses and purposes hereinafter mentioned, and to no other, to wit

"And on this further trust that my said trustees shall hold all that certain tract of woodland, situate, lying, and being on the river Susquehannah, in the state of Pennsylvania, a little above the Sinnemahoning creek, on the opposite side of the Susquehannah, containing a little more than thirteen thousand acres, and which I hold under Cadwalader Evans, Esq. by deeds dated the sixth day of April, 1797, and 2d April, 1802, recorded at Williamsport in Lib. A. 471, and in Centre country in Lib. A. 190, and is contained in about thirty-two tracts or lots into which the same is now divided, as will appear by the patents for the same in my possession, having sold three of them, the original lots containing fourteen thousand seven hundred acres, to and for the use and behoof of the Mayor and Corporation of the city of Philadelphia,by whatever name they ought to be called by their charter, and their successors and assigns for ever. This tract, on its first appearance, is mountainous and rough, yet laying on a navigable river, and as I am told by hunters who have gone over it, that it is well covered with large timber of every kind, and that in the midst of the tract there are many hundred acres of extraordinary rich level soil, covered with the finest chesnut timber in the county, and from which the largest rafts can be navigated down the west branch of that fine river-and it is in contemplation to unite this river by a canal with the Delaware. I have thought it no bad foundation for the following purposes-and therefore I do direct that the same shall be conveyed by my said trustees in fee simple to the said Mayor and Corporation accordingly. The rents, issues, and profits of which to be applied by the said Mayor and Corporation to and for the beginning of a fund, or in aid of any one already begun for the supplying the poor inhabitants of the city and Liberties of Philadelphia, with the house holders (not able to provide it for themselves) at a price during the winter season not in any case exceeding the moderate average price of wood during the preceding summer (and that in small quantities,) with fuel of such kind and sorts as to the said mayor and corporation may seem more likely to answer the purposes aforesaid, and all moneys received for such wood or other fuel, shall from time to time be added to this fund, so as to increase the same for a more generous and ample supply as aforesaid, and I hope and trust that in the execution and superintendence of this trust, persons of generous and tender feelings for the distresses of their fellow creatures, may be found, who will gratuitously and generously undertake this heavenly employment under the corporation in favor of the poorer class of society, free from pecuniary compensation. And I hereby request that in such case a silver medal of the value

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of ten dollars may be given to each and every person who may faithfully serve in this humane undertaking, out of the nett proceeds of this devise."

JAMES WILL'S WILL,

Extract from the Will of James Wills, dated the 8th day of 5th month 1823.-Proved January 26, 1825. Recorded at Philadelphia.

Item. "All the rest residue and remainder of my estate, real, personal, and mixed, both that which I now hold, and all that I may hereafter acquire, I give and bequeath to the Mayor and Corporation of the City of Philadelphia for the time being, and to their successors in office forever, in trust for the purchase of a sufficient plot of ground in the City of Philadelphia or in the neighborhood thereof, and thereon to erect or cause to be erected suitable buildings and accommodations for an hospital or asylum, to be denominated "The Wills hospital for the relief of the indigent blind and lame." The funds thus appropriated are to be put out on good mortgage security, or City stock, and after expending the necessary sum for the lot and improvements heretofore mentioned, the income of the remainder is to be exclusively applied to the comfort and accommodation of as many of the indigent blind and lame as the income will admit of after defraying the necessary expenses incident to such an establishment. And to the aforsaid Mayor and Corporation of the said City and their successors in office is intrusted the duty of appointing Trustees or Managers, and all other matters and things in any wise appertaining to the due fulfilment of the aforesaid bequest, the right regulating the establishment, and ensuring the right application of the funds to the purposes heretofore stated, and for the sole use and benefit of the indigent blind and lame, giving a preference to those persons resident in Philadelphia and its neighborhood."

The validity of this bequest was disputed by the Heirs at law of James Wills, and on the 21st day of March 1831 judgment was rendered by the Supreme Court of Pennsylvania in favour of the Corporation.

On the 10th of March, 1831, an Ordinance was passed, directing the Mayor and Treasurer of the City of Philadelphia, to receive from the executors of James Wills, late of the said City, deceased, the funds in their hands, constituting a legacy of the said James Wills, to the Mayor, Aldermen, and Citizens of Philadelphia, in trust.

On the 24th of May, 1831, the residue of this estate was paid, (in accordance with the foregoing ordinance) to the mayor and city treasurer. On that day it con

sisted of

Stocks at par value, Cash,

Real estate,

$98,907 29 6,789 06 2,700 00

$108,396 35

This fund is subject to the payment of two hundred dollars per annum to Rachael Wise during her natural life time, (one hundred dollars per annum having been charged thereon by James Wills, Sen. father of the testator, and one hundred dollars by the will of the testator.) On the 14th of April, 1831, an Ordinance was passed authorizing the city treasurer to pay the said annuity as it should thereafter become due.

A plan for the hospital, drawn by Thomas U. Walter, was adopted by Councils on the 10th of January, 1832, and the corner stone laid on the 2d, of April, 1832.

LIST OF STEAMBOATS.

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$571,550

Twelve of the above boats were built for James Wood, of Pittsburg, who commenced Steamboat building in the year 1821.-Beaver Argus.

THE REGISTER.
PHILADELPHIA, OCTOBER 27, 1832.

We ask the particular attention of our readers to the article commencing on our first page and occupying a considerable portion of the present number. We trust that the circumstance of its embracing a general view of our own among other state provisions for education and affording the means of direct comparison between them all will be regarded as a sufficient reason for transferring it entire to the Register of Pennsylvania.

No state has at this moment a more immediate concern in this important subject. The mass of facts here embodied will also enable those who feel an interest in the progress of our sister states and in their various modes of sustaining public intelligence, to judge between the different methods of arriving at the same re

Built by Philips and Graham, at and near Phillipsburg, sult which hereafter may be proposed for adoption in

Beaver County, Pa.

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this commonwealth. We hope ere long to lay before our readers a complete synopsis of all our constitutional and legislative action in regard to education since the foundation of Pennsylvania.

REGISTER OF PENNSYLVANIA.

DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STÁTE.

ADDRESS

EDITED BY SAMUEL HAZARD.

VOL. X.-NO. 18. PHILADELPHIA, NOVEMBER 3, 1832. NO. 253. The law was on every controversy, rather dictated than To "The Associated members of the Bar of Philadel-expounded, and the people complained of the uncerphia." Pronounced by William Rawle, Esq. Chan-tainty of their property and personal safety.

cellor of the Association. 1824.

To a person in the habits of contemplating the science of jurisprudence, nothing is more interesting, than to trace the original sources of its formation.

It is gratifying to ascend from existing systems to early days-to discover among contrary or dissimilar manners, in remote periods, the elements of some rule of action, then, perhaps, applied to subjects widely different, perhaps calculated to produce a contrary resultbut gradually modified, narrowed or enlarged, according to its nature, as it descends, until the recollection of its parentage is lost in the sense of its utility.

Their clamours grew too loud to be longer resisted; and either from Greece itself, or from her colonies on the eastern coast of Italy, and in Sicily, a Roman deputation obtained the principles on which the decemvirs constructed the celebrated XII Tables.

The originals have long since disappeared, and it is only from partial references and imperfect quotations, that modern industry has been enabled to piece together what we now must accept, as the ancient and admired the popular class rejoiced to receive. code which aristocracy was compelled to submit to, and

We know too little of the laws of those early days, In respect to law in general, there seems to be notions from the Greek originals: but there is a cast of to be able to trace, with any satisfaction, the aberraother limit to the inquiry, than the commencement of time, no other principle to be adopted than the will of the Creator. With the formation of man, it was given to him to seek society, and to associated man it was given to conceive, adopt, and exercise those rules of relative action, without which he could not possess security or happiness.

severity in many parts, which can only be accounted lus, required degrees of rigor, unnecessary among the for, by admitting that the ruffian descendants of Romupolished and humanized Greeks.

Without adverting to other instances, we must admit the general rule, that laws partake of the manners and the wants of the country, and in a rapid transition from the banks of the Tiber to those of the Delaware, we shall be able to confirm the position. sup-conferred on William Penn, with the advice and assent of the freemen of the country, the power to make laws for their own government-and until this was done, the laws of England, in respect to real and personal property, and as to "felonies," were to continue the same "as they shall be for the time being in Eng land."

It will be remembered that the charter of Charles II,

Supreme wisdom thus assigned to intellectual being, a power of obtaining felicity through a medium, the more beneficial the more it is exercised, and which has the faculty to enlighten while it regulates, and to port while it adorns the moral condition of man. Wherever society has been discovered, however small its circle, we necessarily find rules of action. The rights of property, and the punishment of guilt, appear to have been impressed in the mind, from the earliest stage of existence.

He who committed the first recorded crime, passed sentence on himself immediately afterwards-the previous occupation of the victim of his wrath, indicates a separate property in his flock.

But the comprehensive mind of Penn, apprehended that to pour out his colony, without some more definite rules, would produce inconvenience and disorder in the With the progress of time and the increase of its ob-interval, before the powers given by the charter could jects, law is expanded, and embraces all that form the proper subjects of its care.

Like the vital air of the atmosphere, it surrounds and penetrates all existence-it supports and exhilarates every thing with which it comes in contact, and it comes in contact with every thing-its presence gives health and vigour-its absence death.

Into this universal principle-so sacred in its origin so imperious in its nature-so just in intentions-we endeavour to resolve whatever we find imposed on us as an obligation, or held up to us as a guide. But such attempts are unsuccessful, if we pursue only the abstract principle, without the aid of historical explanation.

Gravina justly observes, that "though nature has given to all men the same idea of justice-its aspect is not the same with all. Law is different with different people, because though good government is necessary to all, it cannot be administered to all in the same manner."

"After the abolition of royalty-the most numerous class of the people of Rome, felt and lamented the want of definite laws."

be regularly exercised.

About a year after receiving the charter, when he had prevailed on a sufficient number to embark with him, he collected some of them together, and proposed a concise code, which was adopted and subscribed on the fifth day of May, 1682.

This was about ten months after the instrument called "certain conditions and concessions," which bore date July 11th, 1681, and which, with a slight reference to general legislation, only regulated the modes of purchasing, and enjoying land, and the conduct to be observed towards the Indians.

The laws may be divided into those which relate to religion.

2. To the rights of property.

3. The rights and the obligations of persons.
4. And to offences.

At that period, the dissenter, continued to be the subjects of severe and impolitic persecution.

Numbers of them had already fled to New England, where with the exception of the colony founded by the celebrated Roger Williams, they adopted an intolerance Under the exclusive sway of the Patricians, which in religious matters, not less severe, than that which was found more oppressive than that of their monarchs, had driven them away, and permitted no other form of much was left to occasional and arbitrary judgments.worship, nor expressions of belief than their own.

Vol. X.

35

William Penn perceived the impolicy as well as the injustice of such procedures.

To prohibit in others, the freedom of opinion, when they felt its restraint to be a gross injury inflicted on themselves, was manifestly unjust; and casting his eyes on the industrious and discontented inhabitants of the shores of the Rhine, whom he proposed to invite, he perceived its impolicy.

Two emphatic sections in his code, while they encouraged the adventurer, astonished the bigots, and gratified the philosophers of Europe.

Those who believed in one "Almighty and eternal God, the creator, upholder, and ruler of the world," were exempted from all molestation on account of their persuasion, or practice in matters of faith and worship; but the capacity to elect or be elected to office was reserved for the profession of faith in Jesus Christ. Of this last restriction we can only at present conjecture the cause.

The number of Jews was too inconsiderable to excite apprehensions of their interference; and the believers in Mahomet were not likely to intrude. Perhaps the capacity and character of the aborigines were not then perfectly known: perhaps it might have occurred to the law giver that civilization might induce and qualify them to partake in the civil administration of the province, and the price of their admission should be their conversion to Christianity. But this favourable opinion of them could not have long been retained; and in his letter to the free society of traders, in August, 1683, he seems to consider them as a separate and inferior

race.

This distinction has not been retained by us. In the constitution of 1776 the door was opened to every believer in a God. And so it continues, with the necessary addition of a belief in a future state of rewards and punishments.

In respect to property, lands as well as goods were expressly subjected to the payment of debts, except where there were legal issue, and then all the goods, and one-third of the lands only.

This was probably intended to promote marriages, but the language is obscure, and it is doubtful whether it is meant to apply to a living debtor, or to the estate of one deceased.

No tax was to be imposed except by virtue of a law, which probably had reference to some of the illegal exactions of Charles II.

In respect to persons, an honest anxiety is discovered, as well to protect servants from oppression as to compel them to perform their duties.

The fair administration of justice was secured by the establishment of trial by jury.

A liberal protection against causeless or severe imprisonment, has been literally copied in both our constitutions of 1776, and 1790.

From the same little code we may deduce some of our present useful establishments:

Our recording of deeds.

Our registers of wills.

Pleadings only in the English language. Summonses on ten days notice, and other points of modern practice.

That the Jury shall consist of peers from the vicinage, and that fines shall be moderate, saving men's contenements, appears to have been borrowed from Magna Charter. In all other instances, we may consider the code as the result of practical impressions, without the pageantry of learning or the aid of professional men. No organization of courts is provided. It was naturally postponed till the colony should arrive at its land of promise.

How their laws were composed or their government conducted is not now to be ascertained with much precision. Considered as a conquered province, perhaps Sir Edward Andros, Governor of New York, ruled as a Roman Prætor; but there seems to have been some judicial institutions.

A commission is extant from Andros, appointing Ephraim Herman, clerk of the courts of New Castle and of Upland; and of the same date a commission was sent to six persons, (Swedish names,) to be justices of peace, and form "a court of judicature."

To them no territorial limit was assigned, and no rule of action prescibed.

It now appeared necessary to go further, to lay down a general code, and to establish the proper modes of enforcing it.

Affording useful principles, and already adapted to the nature of a young colony, the laws agreed upon in England were resorted to as the basis of what were subsequently adopted.

The first procedure was to divide the single county of New Castle into three, adding Kent and Sussex to the former. The name of the county of Upland was changed for that of Chester; and Philadelphia and Buckingham, (the name of the English county whence his family proceeded,) were added to Chester, being then nearer to the centre of population. In December, 1682, the first legislative assembly was held, greatly to the joy of the Swedes, whose representatives composed a part of it.

Their labours terminated in passing, on the tenth of December, a code, to which they gave the imposing name of "The Great Law, or the body of laws of the province of Pennsylvania and territories thereto belonging."

It consisted of sixty-eight different acts, all expressed concisely, and almost all in plain intelligible language. Except three articles, it is not now in print, but the original remains at Harrisburg. The laws agreed upon in England may be seen in the appendix to Galloway's

edition.

On comparing them with those agreed upon in Eng land, I have discovered no alteration of the general structure, though much is added, which either did not occur, or it was thought premature to insert.

Wilful murder alone was punished with death. In respect to smaller offences, fine or forfeiture of a proportion of the lands and goods, sometimes with im prisonment superadded, and sometimes as an alternative, were imposed.

It is a deviation from its general mildness, that imprisonment for life is imposed in two cases, that of bigamy, and a second conviction of adultery.

The singular provision of an imprisonment at hard labor during the pleasure of a parent menaced or assaulted, which is also enacted, might likewise extend to an imprisonment for life.

The same anxiety to secure justice to the servant, and fidelity to the master, and in a higher scale, to the employer of the factor, is still apparent.

The rights of property are preserved in nearly the same manner.

The judicial power is vested in county courts, who are to hold monthly sessions; in a provincial court, which is to meet quarterly, "to hear appeals," and in the provincial council, which is called "the last juris diction."

Two witnesses, "in all cases," were "necessary to judgment;" neither an oath nor affirmation were required of them; a solemn promise in court to tell the truth, the whole truth, and nothing but the truth, was accepted, and perhaps alone admitted; but the punish

William Penn, who had been preceded by two shipment of falsehood was heavy.
loads of adventurers, reached the Delaware in October,
1682, where he found a motley collection of Swedes,
Dutch, probably some emigrants from New York, and
perhaps a few remnants of Sir Edward Ployden's colo-
nists.

against whom he testified "did or should undergo."
1. To undergo such damage or penalty as the party
2. Public exposure.

3. Loss of future credit.

The concluding article appears to be admirable, and

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