The History of the Five Indian Nations of Canada Part 29

A N D that the Mayor, Recorder and Aldermen of the said City, for the Time being, shall be Justices of the Peace and Justices of Oyer and Terminer; and are hereby impowered to act within the said City and Liberties thereof accordingly, as fully and amply as any Justice or Justices of the Peace or Oyer and Terminer, can or may do within the said Province.

A N D that they or any _four_ or more of them (whereof the Mayor and Recorder of the said City for the Time being, shall be _two_) shall and may for ever hereafter have Power and Authority, by Virtue of these Presents, to hear and enquire into all and all Manner of Treasons, Murthers, Manslaughters, and all Manner of Felonies and other Crimes and Offences, Capital and Criminal, whatsoever, according to the Laws of this Province and of the Kingdom of _England_, with Power also to hear and determine all petty Larcenies, Routs, Riots, unlawful a.s.semblies; and to try and punish all Persons that shall be convicted for Drunkenness, Swearing, Scolding, breaking the Peace, or such like Offences, which are by the Laws of this Province to be punished by Fine, Imprisonment or Whipping; with Power also to award Process against all Rioters and Breakers of the Peace, and to bind them, and all other Offenders and Persons of evil Fame, to the Peace or good Behaviour, as any Justice or Justices of the Peace can do, without being accountable to me or my Heirs, for any Fines or Amerciaments to be imposed for the said Offences or any of them.

A N D I do hereby impower them or any _four_ of them (whereof the Mayor and Recorder for the Time being, shall be _two_) with the City Sheriff and Town-clerk, to hold and keep a Court of Record, Quarterly, or oftener, if they see Occasion, for the enquiring, hearing and determining of the Pleas and Matters aforesaid; and upon their own View, or after a legal Procedure in some of those Courts, to cause all Nuisances and Encroachments in the Streets of the said City to be removed, and punish the Parties concerned, as the Law and Usage in such Cases shall require.

A N D I do by these Presents a.s.sign and appoint, that the present Mayor, Recorder, and Aldermen herein before-mentioned, be the present Justices of the Peace, and Oyer and Terminer, within the said City; and that they and all others that shall be Mayors, Recorders and Aldermen of the said City for the Time being, shall have full Power and Authority, and are hereby impowered and authorized, without any further or other Commission, to be Justices of the Peace, and of Oyer and Terminer, within the said City for ever; and shall also be Justices of the Peace, and the Mayor and Recorder shall be of the _Quorum_ of the Justices of the County Courts, Quarter-sessions, Oyer and Terminer, and Goal Delivery, in the said County of _Philadelphia_; and shall have full Power to award Process, bind to the Peace or Behaviour, or commit to Prison, for any Matter or Cause, arising without the said City and within the Body of the aforesaid County, as Occasion shall require; and to cause Kalendars to be made of such Prisoners, which, together with all Recognizances and Examinations taken before them, for or concerning any Matter or Cause not determinable by them, shall be duly returned to the Judges or Justices of the said County, in their respective Courts where the same shall be cognizable.

A N D that it may be lawful to and for the said Mayor and Commonalty and their Successors, when they see Occasion, to erect a Goal or Prison and Court-house within the said City.

A N D that the Mayor and Recorder for the Time being, shall have, and by these Presents have Power to take Recognizance of Debts there, according to the Statute of Merchants, and of Action Burnel; and to use and affix the common Seal thereupon, and to all Certificates concerning the same.

A N D that it may be lawful to and for the Mayor of the said City, for the Time being, for ever hereafter to nominate, and from Time to Time appoint the Clerk of the Market, who shall have a.s.size of Bread, Wine, Beer, Wood, and other Things; and to do, execute and perform all Things belonging to the Clerk of the Market within the said City.

A N D I will that the Coroners to be chosen by the County of _Philadelphia_ for the Time being, shall be Coroners of the said City and Liberties thereof; but that the Freemen and Inhabitants of the said City shall from Time to Time, as often as Occasion be, have equal Liberty with the Inhabitants of the said County, to recommend or chuse Persons to serve in the respective Capacities of Coroners and Sheriffs for the County of _Philadelphia_, who shall reside within the said City.

A N D that the Sheriff of the said City and County for the Time being, shall be the Water-Bailiff, who shall and may execute and perform all Things belonging to the Officer of Water-Bailiff, upon _Delaware_ River, and all other navigable Rivers and Creeks within the said Province.

A N D in Case the Mayor of the said City for the Time being, shall, during the Time of his Mayoralty, misbehave himself or misgovern in that Office, I do hereby impower the Recorder, Aldermen and Common-council Men, or _five_ of the Aldermen and _nine_ of the Common-council Men of the said City of _Philadelphia_, for the Time being, to remove such Mayor from his Office of Mayoralty; and in such Case, or in Case of the Death of the said Mayor for the Time being, that then another fit Person shall, within _four_ Days next after such Death or Removal, be chosen in Manner as is above directed for electing of Mayors, in the Place of him so dead or removed.

A N D lest there should be a Failure of Justice or Government in the said City, in such Interval, I do hereby appoint, That the eldest Alderman for the Time being, shall take upon him the Office of a Mayor there, and shall exercise the same till another Mayor be chosen as aforesaid; and in Case of the Disability of such eldest Alderman, then the next in Seniority, shall take upon him the said Office of Mayor, to exercise the same as aforesaid.

A N D in Case the Recorder, or any of the Aldermen or Common-council Men of or belonging to the said City, for the Time being, shall misbehave him or themselves in their respective Offices and Places, they shall be removed and others chosen in their Stead, in Manner following, _that is to say_, The Recorder for the Time being, may be removed (for his Misbehaviour) by the Mayor, and _two thirds_ of the Aldermen and Common-council Men respectively; and in Case of such Removal or of the Death of the Recorder, then to chuse another fit Person skilled in the Law, to be the Recorder there, and so to continue during Pleasure as aforesaid.

A N D the Alderman so misbehaving himself, may be removed by the Mayor, Recorder and _nine_ of the Aldermen and Common-council Men; and in Case of such Removal or Death, then within _four_ Days after, to chuse a fit Person or Persons to supply such Vacancies; and the Common-council Men, Constables, and Clerk of the Market, for Misbehaviour, shall be removed and others chosen, as is directed in the Case of Aldermen.

A N D I do also, for me and my Successors, by these Presents, grant to the said Mayor and Commonalty, and their Successors, that if any of the Citizens of the said City, shall be hereafter nominated, elected, and chosen to the Office of Mayor, Aldermen and Common-council Men as aforesaid, and having Notice of his or their Election, shall refuse to undertake and execute that Office to which he is so chosen, that then, and so often it shall and may be lawful for the Mayor and Recorder, Aldermen and Common-council Men, or the major Part of the Aldermen and Common-council Men for the Time being, according to their Discretion, to impose such moderate Fines upon such Refusers, so as the Mayor's Fine exceed not _forty Pounds_, the Alderman's _five and thirty Pounds_, and Common-council Men twenty Pounds, and other Officers proportionably, to be levied by Distress and Sale, by Warrant under the common Seal, or by other lawful Ways, to the Use of the said Corporation.

A N D in such Cases it shall be lawful to chuse others to supply the Defects of such Refusers, in Manner as is as above directed for Elections.

A N D that it shall and may be lawful to and for the Mayor, Recorder, and at least _three_ Aldermen for the Time being, from Time to Time, so often as they shall find Occasion, to summon a Common-council of the said City.

A N D that no a.s.sembly or Meeting of the said Citizens, shall be deemed or accounted a Common-council, unless the said Mayor and Recorder, and, at least _three_ of the Aldermen for the Time being, and _nine_ of the Common-council Men be present.

A N D also that the said Mayor, Recorder, Aldermen and Common-council Men for the Time being, from Time to Time, at their Common-council, shall have Power to admit such and so many Freemen into their Corporation and Society as they shall think fit.

A N D to make (and they may make, ordain, const.i.tute and establish) such and so many good and reasonable Laws, Ordinances and Const.i.tutions (not repugnant to the Laws of _England_ and this Government) as to the greater Part of them at such Common-council a.s.sembled (where the Mayor and Recorder for the Time being, are to be always present) shall seem necessary and convenient for the Government of the said City.

A N D the same Laws, Ordinances, Orders and Const.i.tutions so to be made, to put in Use and Execution accordingly, by the proper Officers of the said City; and at their Pleasure to revoke, alter, and make anew, as Occasion shall require.

A N D also impose such Mulcts and Amerciaments upon the Breakers of such Laws and Ordinances, as to them in their Discretion shall be thought reasonable; which Mulcts, as also all other Fines and Amerciaments to be set or imposed by Virtue of the Powers granted, shall be levied as above is directed in Case of Fines, to the Use of the said Corporation, without rendering any Account thereof to me, my Heirs and Successors; with Power to the Common-council aforesaid, to mitigate, remit, or release such Fines and Mulcts, upon the Submission of the Parties.

_Provided always_, That no Person or Persons hereafter, shall have Right of electing or being elected, by Virtue of these Presents, to any Office or Place judicial or ministerial, nor shall be admitted Freemen of the said City, unless they be free Denizens of this Province, and are of the Age of _twenty-one_ Years or upwards, and are Inhabitants of the said City, and have an Estate of Inheritance or Freehold therein, or are worth _fifty Pounds_ in Money, or other Stock, and have been resident in the said City for the s.p.a.ce of _two_ Years, or shall purchase their Freedom of the Mayor and Commonalty aforesaid.

A N D I do further grant to the said Mayor and Commonalty of the City of _Philadelphia_, that they and their Successors, shall and may for ever hereafter hold and keep within the said City, in every Week of the Year, _two_ Market-days, the one upon the _fourth_ Day of the Week, and the other upon the _seventh_ Day of the Week, in such Place or Places as is, shall, or may be appointed for that Purpose, by the said Commonalty or their Successors, from Time to Time.

A N D also _two_ Fairs therein every Year, the one of them to begin on the _sixteenth_ Day of the _third_ Month, called _May_, yearly, and so to be held in and about the Market-place, and continue for that Day and _two_ Days next following; and the other of the said Fairs to be held in the aforesaid Place on the _sixteenth_ Day of the _ninth_ Month yearly, and for _two_ Days next after.

A N D I do for me, my Heirs and a.s.signs, by Virtue of the King's Letters Patent, make, erect and const.i.tute the said City of _Philadelphia_, to be a Port or Harbour for discharging and unlading of Goods and Merchandize out of s.h.i.+ps, Boats, and other Vessels; and for landing and s.h.i.+pping them in or upon such and so many Places, Keys and Wharfs there, as by the Mayor, Aldermen, and Common-council of the said City, shall from Time to Time be thought most expedient for the Accommodation and Service of the Officers of the Customs, in the Management of the King's Affairs and Preservation of his Duties, as well as for Conveniency of Trade.

A N D I do ordain and declare, that the said Port or Harbour shall be called the Port of _Philadelphia_, and shall extend and be accounted to extend into all such Creeks, Rivers, and Places within this Province, and shall have so many Wharfs, Keys, Landing-places and Members belonging thereto, for landing and s.h.i.+pping of Goods, as the said Mayor, Aldermen, and Common-council for the Time being, with the Approbation of the chief Officer or Officers of the King's Customs, shall from Time to Time think fit to appoint.

A N D I do also ordain, that the Landing-places now and heretofore used at the _Penny-pot-house_ and _Blue-anchor_, saving to all Persons their just and legal Right and Properties in the Lands so to be open; as also the Swamp between _Bud_'s Buildings and the _Society-hill_, shall be left open and common for the Use and Service of the said City and all others, with Liberty to dig Docks and make Harbours for s.h.i.+ps and Vessels, in all or any Part of the said Swamp.

A N D I do hereby grant, that all the vacant Land within the Bounds and Limits of the said City, shall remain open as a free Common of Pasture, for the Use of the Inhabitants of the said City, until the same shall be gradually taken in, in order to build or improve thereon, and not otherwise. _Provided always_, That nothing herein contained, shall debar me or my Heirs in Time to come, from fencing in all the vacant Lands that lie between the _Center_ Meeting-house and the _Schuylkil_, which I intend shall be divided from the Land by me allotted for _Delaware_ Side, by a strait Line along the _Broad-street_ from _Edward s.h.i.+ppen_'s Land through the _Center_ Square by _Daniel Pegg_'s Land; nor shall the fencing or taking in any of the Streets, happening to be within that Inclosure on _Skuylkil_, be deemed or adjudged to be an Incroachment, where it shall not interfere or stop any of the Streets or Pa.s.sages leading to any of the Houses built or to be built on that Side, any Thing herein contained to the contrary notwithstanding.

A N D I do grant, that this present Charter, shall, in all Courts of Law and Equity, be construed and taken most favourably and beneficially, for the said Corporation.

I N W I T N E S S whereof, I have hereunto set my Hand, and caused my great Seal to be affixed. Dated at _Philadelphia_ the _five and twentieth_ Day of _October_, Anno Domini _one Thousand seven Hundred and One_, and in the _thirteenth_ Year of the Reign of King _W I L L I A M the Third_, over _England_, &c. and the _one and twentieth_ Year of my Government.

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

_The_ C H A R T E R _of_ P R I V I L E G E S _granted by_ W I L L I A M P e n n, _Esq_; _to the Inhabitants of_ Pensylvania _and Territories_.

_W I L L I A M P E N N_, Proprietary and Governor of the Province of _Pensylvania_, and Territories thereunto belonging. To all to whom these Presents shall come, sendeth Greeting. W H E R E A S King _C H A R L E S the Second_, by his Letters Patents, under the Great Seal of _England_, bearing Date the _fourth_ Day of _March_, in the Year _one Thousand six Hundred and Eighty_, was graciously pleased to give and grant unto me, and my Heirs and a.s.signs for ever, this Province of _Pensylvania_, with divers great Powers and Jurisdictions for the well Government thereof.

A N D W H E R E A S the King's dearest Brother, _J A M E S Duke of Y O R K and A L B A N Y_, &c. by his Deeds of Feoffment, under his Hand and Seal duly perfected, bearing Date the _twenty-fourth_ Day of _August, one Thousand six Hundred Eighty and Two_, did grant unto me, my Heirs and a.s.signs, all that Tract of Land, now called the Territories of _Pensylvania_, together with Powers and Jurisdictions for the good Government thereof.

A N D W H E R E A S for the Encouragement of all the Freemen and Planters, that might be concerned in the said Province and Territories, and for the good Government thereof, I the said William Penn, in the Year _one Thousand six Hundred Eighty and Three_, for me, my Heirs and a.s.signs, did grant and confirm unto all the Freemen, Planters and Adventurers therein, divers Liberties, Franchises and Properties, as by the said Grant, ent.i.tuled, _The F R A M E of the Government of the Province of_ Pensylvania, _and Territories thereunto belonging_, in _America_, may appear; which Charter or Frame being found in some Parts of it, not so suitable to the present Circ.u.mstances of the Inhabitants, was in the _third_ Month, in the Year _one Thousand seven Hundred_, delivered up to me, by _six_ Parts of _seven_ of the Freemen of this Province and Territories, in general a.s.sembly met, Provision being made in the said Charter, for that End and Purpose.

A N D W H E R E A S I was then pleased to promise, That I would restore the said Charter to them again, with necessary Alterations, or in Lieu thereof, give them another, better adapted to answer the present Circ.u.mstances and Conditions of the said Inhabitants; which they have now, by their Representatives in general a.s.sembly, met at _Philadelphia_, requested me to grant.

K N O W Y E T H E R E F O R E, That for the further Well-being and good Government of the said Province, and Territories; and in Pursuance of the Rights and Powers before-mentioned, I the said _William Penn_ do declare, grant and confirm, unto all the Freemen, Planters and Adventurers, and other Inhabitants in this Province and Territories, these following Liberties, Franchises and Privileges, so far as in me lieth, to be held, enjoyed and kept, by the Freemen, Planters and Adventurers, and other Inhabitants of and in the said Province and Territories thereunto annexed, for ever.

F I R S T.

B E C A U S E no People can be truly happy, though under the greatest Enjoyment of civil Liberties, if abridged of the Freedom of their Consciences, as to their religious Profession and Wors.h.i.+p: And Almighty G.o.d being the only Lord of Conscience, Father of Lights and Spirits, and the Author as well as Object of all divine Knowledge, Faith and Wors.h.i.+p, who only doth enlighten the Minds, and persuade and convince the Understandings of People, I do hereby grant and declare, That no Person or Persons, inhabiting in this Province or Territories, who shall confess and acknowledge _One_ Almighty G.o.d, the Creator, Upholder and Ruler of the World; and profess him or themselves obliged to live quietly under the civil Government, shall be in any Case molested or prejudiced, in his or their Person or Estate, because of his or their conscientious Persuasion or Practice, nor be compelled to frequent or maintain any religious Wors.h.i.+p, Place or Ministry, contrary to his or their Mind, or to do or suffer any other Act or Thing, contrary to their religious Persuasion.

A N D that all Persons who also profess to believe in _Jesus Christ_, the Saviour of the World, shall be capable (notwithstanding their other Persuasions and Practices in Point of Conscience and Religion) to serve this Government in any Capacity, both legislatively and executively, he or they solemnly promising, when lawfully required, Allegiance to the King as Sovereign, and Fidelity to the Proprietary and Governor, and taking the Attests as now established by the Law made at _Newcastle_ in the Year _one Thousand and seven Hundred_, ent.i.tled, _An Act directing the Attests of several Officers and Ministers, as now amended and confirmed by this present a.s.sembly_.

II.

F O R the well governing of this Province and Territories, there shall be an a.s.sembly yearly chosen, by the Freemen thereof, to consist of _four_ Persons out of each County, of most Note for Virtue, Wisdom and Ability, (or of a greater Number at any Time, as the Governor and a.s.sembly shall agree) upon the _first_ Day of _October_ for ever; and shall sit on the _fourteenth_ Day of the same Month, at _Philadelphia_, unless the Governor and Council for the Time being, shall see Cause to appoint another Place within the said Province or Territories: Which a.s.sembly shall have Power to chuse a Speaker and their other Officers; and shall be Judges of the Qualifications and Elections of their own Members; sit upon their own Adjournments; appoint Committees; prepare Bills in order to pa.s.s into Laws; impeach Criminals, and redress Grievances; and shall have all other Powers and Privileges of an a.s.sembly, according to the Rights of the free-born Subjects of _England_, and as is usual in any of the King's Plantations in _America_.

A N D if any County or Counties, shall refuse or neglect to chuse their respective Representatives as aforesaid, or if chosen, do not meet to serve in a.s.sembly, those who are so chosen and met, shall have the full Power of an a.s.sembly, in as ample Manner as if all the Representatives had been chosen and met, provided they are not less than _two Thirds_ of the whole Number that ought to meet.

A N D that the Qualifications of Electors and Elected, and all other Matters and Things relating to Elections of Representatives to serve in a.s.semblies, though not herein particularly expressed, shall be and remain as by a Law of this Government, made at _New-Castle_ in the Year _one Thousand seven Hundred_, ent.i.tled, _An Act to ascertain the Number of Members of a.s.sembly, and to regulate the Elections_.

III.

T H A T the Freemen in each respective County, at the Time and Place of meeting for electing their Representatives to serve in a.s.sembly, may as often as there shall be Occasion, chuse a double Number of Persons to present to the Governor for Sheriffs and Coroners, to serve for _three_ Years, if so long they behave themselves well; out of which respective Elections and Presentments, the Governor shall nominate and commissionate one for each of the said Offices, the _third_ Day after such Presentment, or else the _first_ named in such Presentment, for each Office as aforesaid, shall stand and serve in that Office for the Time before respectively limited; and in Case of Death or Default, such Vacancies shall be supplied by the Governor, to serve to the End of the said Term.

P R O V I D E D A L W A Y S, That if the said Freemen, shall at any Time neglect or decline to chuse a Person or Persons for either or both the aforesaid Offices, then and in such Case, the Persons that are or shall be in the respective Offices of Sheriffs or Coroners, at the Time of Election, shall remain therein, until they shall be removed by another Election as aforesaid.

A N D that the Justices of the respective Counties, shall or may nominate and present to the Governor _three_ Persons, to serve for Clerk of the Peace for the said County, when there is a Vacancy, one of which the Governor shall commissionate, within _ten_ Days after such Presentment, or else the _first_ nominated, shall serve in the said Office during good Behaviour.