Part 19
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 Assigns.
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 Assigns, or by the Freemen in provincial Council or Assembly, 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 Assigns, and _six_ Parts of _seven_ of the said Freemen in provincial Council and Assembly 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 Assigns, have solemnly declared, granted and confirmed, and do hereby solemnly declare, grant and confirm, that neither I, nor my Heirs nor Assigns, 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 Simcock_, _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 Assembly 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 Hassald_, _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 Assigns, 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 Shippen_ to be the present Mayor, who shall so continue until another be chosen, as is herein after directed.
A N D I do hereby assign 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 Assheton_ 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, constitute, and appoint, _Joshua Carpenter, Griffith Jones, Anthony Morris, Joseph Wilcox, 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 Badcocke_, 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, constitute 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 assign 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, entitled, _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.
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 Assemblies; 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 assign 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 Assize 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 Assembly 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, constitute and establish) such and so many good and reasonable Laws, Ordinances and Constitutions (not repugnant to the Laws of _England_ and this Government) as to the greater Part of them at such Common-council assembled (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 Constitutions 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 Space 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 Assigns, by Virtue of the King's Letters Patent, make, erect and constitute the said City of _Philadelphia_, to be a Port or Harbour for discharging and unlading of Goods and Merchandize out of Ships, Boats, and other Vessels; and for landing and shipping 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 shipping 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 Ships and Vessels, in all or any Part of the said Swamp.