The Charter or Fundamental
Laws, of West New
Jersey, Agreed Upon
- 1676
CHAPTER XIII
THAT THESE FOLLOWING CONCESSIONS ARE THE COMMON LAW, OR FUNDAMENTAL RIGHTS,
OF THE PROVINCE OF WEST NEW JERSEY
That the common law or fundamental rights and priviledges of West New Jersey,
are individually agreed upon by the Proprietors and freeholders thereof,
to be the foundation of the government, which is not to be altered by the
Legislative authority, or free Assembly hereafter mentioned and constituted,
but that the said Legislative authority is constituted according to these
fundamentals, to make such laws as agree with, and maintain the said fundamentals,
and to make no laws that in the least contradict, differ or vary from the
said fundamentals, under what presence or alligation soever.
CHAPTER XIV
But if it so happen that any person or persons of the said General Assembly,
shall therein designedly, willfully, and maliciously, move or excite any
to move, any matter or thing whatsoever, that contradicts or any ways subverts,
any fundamentals of the said laws in the Constitution of the government
of this Province, it being proved by seven honest and reputable persons,
he or they shall be proceeded against as traitors to the said government.
CHAPTER XV
That these Concessions, law or great charter of fundamentals, be recorded
in a fair table. in the Assembly House, and that they be read at the beginning
and dissolving of every general free Assembly: And it is further agreed
and ordained, that the said Concessions, common law, or great charter of
fundamentals, be writ in fair tables in every common hall of justice within
this Province, and that they be read in solemn manner four times every
year, in the presence of the people, by the chief magistrates of those
places.
CHAPTER XVI
That no men, nor number of men upon earth, hath power or authority to rule
over men's consciences in religious matters, therefore it is consented,
agreed and ordained, that no person or persons whatsoever within the said
Province, at any time or times hereafter, shall be any ways upon any presence
whatsoever, called in question, or in the least punished or hurt, either
in person, estate, or priviledge, for the sake of his opinion, judgment,
faith or worship towards God in matters of religion. But that all and every
such person, and persons may from time to time, and at all times, freely
and fully have, and enjoy his and their judgments, and the exercises of
their consciences in matters of religious worship throughout all the said
Province.
CHAPTER XVII
That no Proprietor, freeholder or inhabitant of the said Province of West
New Jersey, shall be deprived or condemned of life, limb, liberty, estate,
property or any ways hurt in his or their privileges, freedoms or franchises,
upon any account whatsoever, without a due tryal, and Judgment passed by
twelve good and lawful men of his neighborhood first had: And that in all
causes to be tryed, and in all tryals, the person or persons, arraigned
may except against any of the said neghborhood, without any reason rendered,
(not exceeding thirty five) and in case of any valid reason alleged, against
every person nominated for that service.
CHAPTER XVIII
And that no Proprietor, freeholder, freedenison, or inhabitant in the said
Province, shall be attached, arrested, or imprisoned for or by reason of
any debt, duty, or thing whatsoever (cases felonious criminal and treasonable
Excepted) before he or she have personal summon or summons, left at his
or her last dwelling place, if in the said Province, by some legal authorized
officer, constituted and appointed for that purpose, to appear in some
court of judicature for the said Province, with a full and plain account
of the cause or thing in demand, as also the name or names of the person
or persons at whose suit, and the court where he is to appear, and that
he hath at least fourteen days time to appear and answer the said suit,
if he or she live or inhabit within forty miles English of the said court,
and if at a further distance, to have for every twenty miles, two days
time more, for his and their appearance, and so proportionately for a larger
distance of place.
That upon the recording of the summons, and non-appearance of such person
and persons, a writ or attachment shall or may be issued out to arrest,
or attach the person or persons of such defaulters, to cause his or their
appearance in such court, returnable at a day certain to answer the penalty
or penalties, in such suit or suits; and if he or they shall be condemned
by legal tryal and judgment, the penalty or penalties shall be paid and
satisfied out of his or their real or personal estate so condemned, or
cause the person or persons so condemned, to lie in execution till satisfaction
of the debt and damages be made. Provided always, if such person
or persons so condemned, shall pay and deliver such estate, goods, and
chattles which he or any other person bath for his or their use, and shall
solemnly declare and aver, that he or they have not any further estate,
goods or chattles wheresoever to satisfy the person or persons, (at whose
suit, he or they are condemned) their respective judgments, and shall also
bring and produce three other persons as compurgators, who are well known
and of honest reputation, and approved of by the commissioners of that
division, where they dwell or inhabit, which shall in such open court,
likewise solemnly declare and aver, that they believe in their consciences,
such person and persons so condemned, have not werewith further to pay
the said condemnation or condemnations, he or they shall be thence forthwith
discharged from their said imprisonment, any law or custom to the contrary
thereof, heretofore in the said Province, notwithstanding. And upon such
summons and default of appearance, recorded as aforesaid, and such person
and persons not appearing within forty days after, it shall and may be
lawful for such court of judicature to proceed to tryal, of twelve lawful
men to judgment, against such defaulters, and issue forth execution against
his or their estate, real and personal, to satisfy such penalty or penalties,
to such debt and damages so recorded, as far as it shall or may extend.
CHAPTER XIX
That there shall be in every court, three justices or commissioners, who
shall sit with the twelve men of the neighborhood, with them to hear all
causes, and to assist the said twelve men of the neighborhood in case of
law; and that they the said justices shall pronounce such judgment as they
shall receive from, and be directed by the said twelve men in whom only
the judgment resides, and not otherwise.
And in case of their neglect and refusal, that then one of the twelve,
by consent of the rest, pronounce their own judgment as the justices should
have done.
And if any judgment shall be past, in any case civil or criminal, by
any other person or persons, or ally other way, then according to this
agreement and appointment, it shall be held null and void, and such person
or persons so presuming to give judgment, shall be severely fin'd, and
upon complaint made to the General Assembly, by them be declared incapable
of any office or trust within this Province.
CHAPTER XX
That in all matters and causes, civil and criminal, proof is to be made
by the solemn and plain averment, of at least two honest and reputable
persons; arid in case that any person or persons shall bear false witness,
and bring in his or their evidence, contrary to the truth of the matter
as shall be made plainly to appear, that then every such person or persons,
shall in civil causes, suffer the penalty which would be due to the person
or persons he or they bear witness against. And in case any witness or
witnesses, on the behalf of any person or persons, indicted in a criminal
cause, shall be found to have borne false witness for fear, gain, malice
or favour, and thereby hinder the due execution of the law, and deprive
the suffering person or persons of their due satisfaction, that then and
in all other cases of false evidence, such person or persons, shall be
first severely fined, and next that he or they shall forever be disabled
from being admitted in evidence, or into any public office, employment,
or service within this Province.
CHAPTER XXI
That all and every person and persons whatsoever, who shall prosecute or
prefer any indictment or information against others for any personal injuries,
or matter criminal, or shall prosecute for any other criminal cause, (treason,
murther, and felony, only excepted) shall and may be master of his own
process, and 1lave full power to forgive and remit the person or persons
offending against him or herself only, as well before as after judgment,
and condemnation, and pardon and remit the sentence, fine and punishment
of the person or persons offending, be it personal or other whatsoever.
CHAPTER XXII
That the tryals of all causes, civil and criminal, shall be heard and decided
by the virdict or judgment of twelve honest men of the neighborhood, only
to be summoned and presented by the sheriff of that division, or propriety
where the fact or trespass is committed; and that no person or persons
shall he compelled to fee any attorney or councillor to plead his cause,
but that all persons have free liberty to plead his own cause, if he please:
And that no person nor persons imprisoned upon any account whatsoever within
this Province, shall be obliged to pay any fees to the officer or officers
of the said prison, either when committed or discharged.
CHAPTER XXIII
That in all publick courts of justice for tryals of causes, civil or criminal,
any person or persons, inhabitants of the said Province may freely come
into, and attend the said courts, and hear and be present, at all or any
such tryals as shall be there had or passed, that justice may not be done
in a corner nor in any covert manner, being intended and resolved, by the
help of the Lord, and by these our Concessions and Fundamentals, that all
and every person and persons inhabiting the said Province, shall, as far
as in us lies, be free from oppression and slavery.