The History of the Five Indian Nations of Canada Part 28

XVI.

T H A T from and after the Death of this present Governor, the provincial Council shall, together with the succeeding Governor, erect from Time to Time, standing Courts of Justice, in such Places and Number, as they shall judge convenient for the good Government of the said Province and Territories thereof; and that the provincial Council shall, on the _thirteenth_ Day of the _second_ Month then next ensuing, elect and present to the Governor or his Deputy, a double Number of Persons, to serve for Judges, Treasurers, and Masters of the Rolls, within the said Province and Territories, to continue so long as they shall well behave themselves in those Capacities respectively; and the Freemen of the said Province, in an a.s.sembly met on the _thirteenth_ Day of the _third_ Month, yearly, shall elect and then present to the Governor or his Deputy, a double Number of Persons to serve for Sheriffs, Justices of the Peace and Coroners, for the Year next ensuing; out of which respective Elections and Presentments, the Governor or his Deputy, shall nominate and commissionate the proper Number for each Office, the _third_ Day after the said respective Presentments; or else the _first_ named in such Presentment for each Office as aforesaid, shall stand and serve in that Office, the Time before respectively limited; and in Case of Death or Default, such Vacancy shall be supplied by the Governor and provincial Council in Manner aforesaid.

XVII.

T H A T the a.s.sembly shall continue so long as may be needful, to impeach Criminals fit to be there impeached, to pa.s.s such Bills into Laws as are proposed to them, which they shall think fit to pa.s.s into Laws; and till such Time as the Governor and provincial Council shall declare, _That they have nothing further to propose unto them for their a.s.sent and Approbation_; and that Declaration shall be a Dismiss to the a.s.sembly for that Time; which a.s.sembly shall be notwithstanding, capable of a.s.sembling together, upon the Summons of the Governor and provincial Council, at any Time during that Year, if the Governor and provincial Council shall see Occasion for their so a.s.sembling.

XVIII.

T H A T all the Elections of Members or Representatives of the People to serve in provincial Council and a.s.sembly, and all Questions to be determined by both or either of them, that relate to Choice of Officers, and all or any other personal Matters, shall be resolved or determined by the _Ballot_; and all Things relating to the preparing and pa.s.sing of Bills into Laws, shall be openly declared and resolved by the _Vote_.

XIX.

T H A T at all Times when the Proprietary and Governor shall happen to be an Infant, and under the Age of _one and twenty_ Years, and no Guardians or Commissioners are appointed in Writing, by the Father of the said Infant, or that such Guardian shall be deceased, that during such Minority, the provincial Council shall, from Time to Time, as they shall see meet, const.i.tute and appoint Guardians and Commissioners not exceeding _three_, one of which shall preside as Deputy and chief Guardian during such Minority, and shall have and execute, with the Consent of one of the other two, all the Power of a Governor in all publick Affairs and Concerns of the said Province and Territories thereof, according to Charter; which said Guardian so appointed, shall also have the Care and Oversight of the Estate of the said Minor, and be yearly accountable and responsible for the same to the provincial Council, and the provincial Council to the Minor, when of Age, or to the next Heir, in case of the Minor's Death, for the Trust before expressed.

XX.

T H A T as often as any Days of the Month mentioned in any Article of this Charter, shall fall upon the _first_ Day of the Week, commonly called the _Lord's-day_, the Business appointed for that Day, shall be deferred until the next Day, unless in Cases of Emergency.

XXI.

A N D for the Satisfaction and Encouragement of all Aliens, I do give and grant, that if any Alien, who is or shall be a Purchaser, or who doth or shall inhabit in this Province or Territories thereof, shall decease at any Time before he can well be naturalized, his Right and Interest therein, shall notwithstanding descend to his Wife and Children, or other his Relations, be he Testate or Intestate, according to the Laws of this Province and Territories thereof in such Cases provided, in as free and ample Manner, to all Intents and Purposes, as if the said Alien had been naturalized.

XXII.

A N D that the Inhabitants of this Province and Territories thereof, may be accommodated with such Food and Sustenance, as G.o.d in his Providence hath freely afforded, I do also further grant to the Inhabitants of this Province and Territories thereof, Liberty to fowl and hunt upon the Lands they hold, and all other Lands therein not enclosed; and to fish in all Waters in the said Lands, and in all Rivers and Rivulets in and belonging to this Province and Territories thereof, with Liberty to draw his or their Fish on Sh.o.r.e on any Man's Lands, so as it be not to the Detriment or Annoyance of the Owner thereof, except such Lands as do lie upon Inland Rivulets that are not Boatable, or which are or may be hereafter erected into Manors.

XXIII.

A N D that all the Inhabitants of this Province and Territories thereof, whether Purchasers or others, may have the last worldly Pledge of my good and kind Intentions to them and theirs, I do give, grant, and confirm to all, and every one of them, full and quiet Possession of their respective Lands, to which they have any lawful or equitable Claim, saving only such Rents and Services for the same as are or customarily ought to be reserved to me, my Heirs or a.s.signs.

XXIV.

T H A T no Act, Law or Ordinance whatsoever, shall at any Time hereafter be made or done by the Proprietary and Governor of this Province and Territories thereunto belonging, his Heirs or a.s.signs, or by the Freemen in provincial Council or a.s.sembly, to alter, change, or diminish, the Form or Effect of this Charter, or any Part or Clause thereof, contrary to the true Intent and Meaning thereof, without the Consent of the Proprietary and Governor, his Heirs or a.s.signs, and _six_ Parts of _seven_ of the said Freemen in provincial Council and a.s.sembly met.

XXV.

A N D L A S T L Y, I the said _William Penn_, Proprietary and Governor of the Province of _Pensylvania_ and Territories thereunto belonging, for me, my Heirs and a.s.signs, have solemnly declared, granted and confirmed, and do hereby solemnly declare, grant and confirm, that neither I, nor my Heirs nor a.s.signs, shall procure or do any Thing or Things, whereby the Liberties in this Charter contained and expressed, shall be infringed or broken: And if any Thing be procured by any Person or Persons, contrary to these Premises, it shall be held of no Force or Effect. I N W I T N E S S whereof, I the said _William Penn_, at _Philadelphia_ in _Pensylvania_, have unto this present Charter of Liberties set my Hand and broad Seal, this _second_ Day of the _second_ Month, in the Year of our Lord _one Thousand six Hundred Eighty and Three_, being the _five and thirtieth_ Year of the King, and the _third_ Year of my Government.

_W I L L I A M P E N N_.

_T H I S within_ C H A R T E R, _which we have distinctly heard read and thankfully received_, _shall be by us inviolably kept_; _at_ Philadelphia, _the_ second Day _of the_ second _Month_, one Thousand six Hundred Eighty and Three.

The Members of the provincial Council present.

_William Markham_, _John Moll_, _William Haige_, _Christopher Taylor_, _John Simc.o.c.k_, _William Clayton_, _Francis Whittwel_, _Thomas Holme_, _William Clark_, _William Biles_, _James Harrison_, _John Richardson_, _Philip-Thomas Lenman_, Secr. Gov.

_Richard Ingelo,_ Cl. Coun.

The Members of the a.s.sembly present.

_Casparus Harman_, _John Darby_, _Benjamin Williams_, _William Guest_, _Valentine Hollingsworth_, _James Boyden_, _Bennony Bishop_, _John Beazor_, _John Harding_, _Andrews Bringston_, _Simon Irons_, _John Wood_, _John Curtis_, _Daniel Brown_, _William Futcher_, _John Kipshaven_, _Alexander Molestine_, _Robert Bracy_, sen.

_Thomas Bracy_, _William Yardly_, _John Hastings_, _Robert Wade_, _Thomas Ha.s.sald_, _John Hart_, _Robert Hall_, _Robert Bedwell_, _William Simsmore_, _Samuel Darke_, _Robert Lucas_, _James Williams_, _John Blunston_, _John Songhurst_, _John Hill_, _Nicholas Waln_, _Thomas Fitzwater_, _John Clows_, _Luke Watson_, _Joseph Phipps_, _Dennis Rotchford_, _John Brinklair_, _Henry Bowman_, _Cornelius Verhoofe_, _John Southworth_, Cl. of the Synod.

Some of the Inhabitants of Philadelphia present.

_William Howel_, _Edmund Warner_, _Henry Lewis_, _Samuel Miles_.

_The_ C H A R T E R _of the City of_ P H I L A D E L P H I A.

_W I L L I A M P E N N_, Proprietary and Governor of the Province of _Pensylvania_, &c. To all to whom these Presents shall come, sends greeting. K N O W Y E, That at the humble Request of the Inhabitants and Settlers of this Town of _Philadelphia_, being some of the first Adventurers and Purchasers within this Province, for their Encouragement, and for the more immediate and entire Government of the said Town, and better Regulation of Trade therein: I have by Virtue of the King's Letters Patent, under the Great Seal of _England_, erected the said Town into a Borough, and by these Presents do erect the said Town and Borough of _Philadelphia_ into a C I T Y; which said City shall extend the Limits and Bounds, as it is laid out between _Delaware_ and _Skuylkill_.

A N D I do for me, my Heirs and a.s.signs, grant and ordain, that the Streets of the said City, shall for ever continue as they are now laid out and regulated; and that the End of each Street extending into the River _Delaware_, shall be and continue free for the Use and Service of the said City, and the Inhabitants thereof, who may improve the same for the best Advantage of the City, and build Wharfs so far out into the River there, as the Mayor, Aldermen, and Common-council, herein after mentioned, shall see meet.

A N D I do nominate _Edward s.h.i.+ppen_ to be the present Mayor, who shall so continue until another be chosen, as is herein after directed.

A N D I do hereby a.s.sign and name _Thomas Story_ to be present Recorder, to do and execute all Things which unto the Office of Recorder of the said City doth or may belong.

A N D I do appoint _Thomas Farmer_ to be the present Sheriff, and _Robert a.s.sheton_ to be the present Town-clerk, and Clerk of the Peace, and Clerk of the Court and Courts.

A N D I do hereby name, const.i.tute, and appoint, _Joshua Carpenter, Griffith Jones, Anthony Morris, Joseph Wilc.o.x, Nathan Stanbury, Charles Read, Thomas Masters_, and _William Carter_, Citizens and Inhabitants of the said City, to be the present Aldermen of the said City of _Philadelphia_.

A N D I do also nominate and appoint _John Parsons, William Hudson, William Lee, Nehemiah Allen, Thomas Paschal, John Bud_, jun., _Edward Smout, Samuel Buckley, James Atkinson, Pentecost Teague, Francis Cook_, and _Henry Badc.o.c.ke_, to be the _twelve_ present Common-council Men of the said City.

A N D I do by these Presents, for me, my Heirs and Successors, give, grant and declare, that the said Mayor, Recorder, Aldermen, and Common-council Men for the Time being, and they which hereafter shall be Mayor, Recorder, Aldermen and Common-council Men within the said City, and their Successors, for ever hereafter be and shall be, by Virtue of these Presents, one Body corporate and politick in Deed, and by the Name of the Mayor and Commonalty of the City of _Philadelphia_, in the Province of _Pensylvania_: And them by the Name of Mayor and Commonalty of the City of _Philadelphia_, one Body politick and corporate in Deed and in Name, I do for me, my Heirs and Successors, fully create, const.i.tute and confirm, by these Presents; and that by the same Name of Mayor and Commonalty of the City of _Philadelphia_, they may have perpetual Succession; and that they and their Successors, by the Name of Mayor and Commonalty of the City of _Philadelphia_, be and at all Times hereafter shall be Persons able and capable in Law, to have, get, receive, and possess, Lands and Tenements, Rents, Liberties, Jurisdictions, Franchises and Hereditaments, to them and their Successors in Fee-simple, or for Term of Life, Lives, Years, or otherwise; and also Goods, Chattels, and other Things, of what Nature, Kind, or Quality soever.

A N D also to give, grant, let, sell and a.s.sign the same Lands, Tenements, Hereditaments, Goods, Chattels, and to do and execute all other Things about the same, by the Name aforesaid; and also that they be and shall be for ever hereafter Persons able and capable in Law, to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in all or any the Courts and other Places, and before any Judges, Justices, and other Persons whatsoever within the said Province, in all Manner of Actions, Suits, Complaints, Pleas, Causes and Matters whatsoever, and of what Nature or Kind soever.

A N D that it shall and may be lawful to and for the said Mayor and Commonalty of the said City of _Philadelphia_, and their Successors, for ever hereafter, to have and use one common Seal for the sealing of all Businesses touching the said Corporation, and the same from Time to Time at their Will and Pleasure to change or alter.

A N D I do for me, my Heirs and Successors, give, and by these Presents, grant full Power and Authority unto the Mayor, Recorder and Common-Council of the said City of _Philadelphia_, or any _five_ or more of the Aldermen, and _nine_ or more of the Common-Council Men, the Mayor and Recorder for the time being, or either of them, being present, on the _first third_ Day of the Week, in the _eighth_ Month yearly for ever hereafter, publickly to meet at a convenient Room or Place within the said City, to be by them appointed for that Purpose, and then and there nominate, elect and chuse one of the Aldermen to be Mayor for that ensuing Year.

A N D also to add to the Number of Aldermen and Common-Council Men, such and so many of those, that by Virtue of these Presents shall be admitted Freemen of the said City from Time to Time, as they the said Mayor, Aldermen and Common-Council shall see Occasion.

A N D that such Person who shall be so elected Mayor aforesaid, shall within _three_ Days next after such Election, be presented before the Governor of this Province, or his Deputy for the time being, and there shall subscribe the Declarations and Profession of his Christian Belief, according to the late Act of Parliament made in the _first_ Year of King _William_'s Reign, ent.i.tled, _An Act for exempting their Majesties Subjects dissenting from the Church of_ England, _from the Penalties of certain Laws_; and then and there the Mayor so presented, shall make his solemn Affirmation and Engagement for the due Execution of his Office.

A N D that the Recorder, Sheriff, Aldermen, and Common-council Men, and all other Officers of the said City, before they or any of them shall be admitted to execute their respective Offices, shall make and subscribe the said Declarations and Profession aforesaid, before the Mayor for the Time being, and at the same Time shall be attested for the due Execution of their Offices respectively; which Declarations, Promises and Attestations, the Mayor of the said City for the Time being, is hereby impowered to take and administer accordingly.