Part 20
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 Shippen_'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 Passages 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_.
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_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 Assigns 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 Assigns, 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 Assigns, did grant and confirm unto all the Freemen, Planters and Adventurers therein, divers Liberties, Franchises and Properties, as by the said Grant, entituled, _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 Circumstances 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 Assembly 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 Circumstances and Conditions of the said Inhabitants; which they have now, by their Representatives in general Assembly, 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 Worship: And Almighty God being the only Lord of Conscience, Father of Lights and Spirits, and the Author as well as Object of all divine Knowledge, Faith and Worship, 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 God, 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 Worship, 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_, entitled, _An Act directing the Attests of several Officers and Ministers, as now amended and confirmed by this present Assembly_.
II.
F O R the well governing of this Province and Territories, there shall be an Assembly 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 Assembly 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 Assembly 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 pass into Laws; impeach Criminals, and redress Grievances; and shall have all other Powers and Privileges of an Assembly, 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 Assembly, those who are so chosen and met, shall have the full Power of an Assembly, 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 Assemblies, 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_, entitled, _An Act to ascertain the Number of Members of Assembly, 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 Assembly, 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.
IV.
T H A T the Laws of this Government shall be in this Stile, viz. _By the Governor, with the Consent and Approbation of the Freemen in General Assembly met_; and shall be, after Confirmation by the Governor, forthwith recorded in the Rolls-office, and kept at _Philadelphia_, unless the Governor and Assembly shall agree to appoint another Place.
V.
T H A T all Criminals shall have the same Privileges of Witnesses and Council as their Prosecutors.
VI.
T H A T no Person or Persons shall or may, at any Time hereafter, be obliged to answer any Complaint, Matter or Thing whatsoever, relating to Property, before the Governor and Council, or in any other Place, but in ordinary Course of Justice, unless Appeals thereunto shall be hereafter by Law appointed.
VII.
T H A T no Person within this Government, shall be licensed by the Governor to keep an Ordinary, Tavern, or House of publick Entertainment, but such who are first recommended to him, under the Hands of the Justices of the respective Counties, signed in open Court; which Justices are and shall be hereby impowered, to suppress and forbid any Person, keeping such Publick-house as aforesaid, upon their Misbehaviour, on such Penalties as the Law doth or shall direct; and to recommend others from Time to Time, as they shall see Occasion.
VIII.
I F any Person, through Temptation or Melancholy, shall destroy himself, his Estate, real and personal, shall notwithstanding descend to his Wife and Children, or Relations, as if he had died a natural Death; and if any Person shall be destroyed or killed by Casualty or Accident, there shall be no Forfeiture to the Governor by Reason thereof.
A N D no Act, Law or Ordinance whatsoever, shall at any Time hereafter, be made or done, to alter, change or diminish the Form or Effect of this Charter, or of any Part or Clause therein, contrary to the true Intent and Meaning thereof, without the Consent of the Governor for the Time being, and _six_ Parts of _seven_ of the Assembly met.
B U T because the Happiness of Mankind depends so much upon the enjoying of Liberty of their Consciences as aforesaid, I do hereby solemnly declare, promise and grant, for me, my Heirs and Assigns, that the _first_ Article of this Charter relating to Liberty of Conscience, and every Part and Clause therein, according to the true Intent and Meaning thereof, shall be kept and remain without any Alteration, inviolably for ever.
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 myself, my Heirs and Assigns, have solemnly declared, granted and confirmed, and do hereby solemnly declare, grant and confirm, That neither I, my Heirs or Assigns, shall procure or do any Thing or Things, whereby the Liberties in this Charter contained and expressed, nor any Part thereof, shall be infringed or broken: And if any Thing shall be procured or done, by any Person or Persons, contrary to these Presents, 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 _twenty-eighth_ Day of _October_, in the Year of our Lord, _one Thousand seven Hundred and One_, being the _thirteenth_ Year of the Reign of King _W I L L I A M the Third_, over _England, Scotland, France_, and _Ireland_, &c. and the _twenty-first_ Year of my Government.
A N D N O T W I T H S T A N D I N G the Closure and Test of this present Charter as aforesaid, I think fit to add this following Proviso thereunto, as Part of the same, _That is to say_, That notwithstanding any Clause or Clauses in the above-mentioned Charter, obliging the Province and Territories, to join together in Legislation, I am content, and do hereby declare, That if the Representatives of the Province and Territories shall not hereafter agree to join together in Legislation, and that the same shall be signified unto me, or my Deputy, in open Assembly, or otherwise, from under the Hands and Seals of the Representatives, for the Time being, of the Province and Territories, or the major Part of either of them, at any Time within _three_ Years from the Date hereof, that in such Case, the Inhabitants of each of the _three_ Counties of this Province, shall not have less than _eight_ Persons to represent them in Assembly, for the Province; and the Inhabitants of the Town of _Philadelphia_ (when the said Town is incorporated) _two_ Persons to represent them in Assembly; and the Inhabitants of each County in the Territories, shall have as many Persons to represent them, in a distinct Assembly for the Territories, as shall be by them requested as aforesaid.
N O T W I T H S T A N D I N G which Separation of the Province and Territories, in Respect of Legislation, I do hereby promise, grant and declare, That the Inhabitants of both Province and Territories, shall separately enjoy all other Liberties, Privileges and Benefits, granted jointly to them in this Charter, any Law, Usage, or Custom of this Government heretofore made and practised, or any Law made and passed by this General Assembly, to the contrary hereof notwithstanding.
_W I L L I A M P E N N_.
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_T H I S_ C H A R T E R of P R I V I L E G E S _being distinctly read in Assembly, and the whole and every Part thereof, being approved of and agreed to, by us, we do thankfully receive the same from our Proprietary and Governor, at_ Philadelphia, _this_ twenty-eighth _Day of_ October, one Thousand seven Hundred and One.
_Signed on Behalf, and by Order of the Assembly,_ _per_ Joseph Growdon, _Speaker_.
_Edward Shippen_, } _Phineas Pemberton_, } _Samuel Carpenter_, } Proprietary and Governor's _Griffith Owen_, } Council. _Caleb Pusey_, } _Thomas Story_, }
_F I N I S_.
_This Day is published_,
A L E T H I A: Or, A General System of Moral Truths and Natural Religion. Contained in the Letters of S E L I M A, Empress of the Turks, to her Daughter I S A B E L L A, at Grand Cairo. With Historical and Critical Notes.
By Richard Murray, A. M. and J. U. B.
_Quid verum atque decens, Curo, & Rogo, omnis in hoc sum_.
Printed for T. Osborne, in Gray's-Inn.
* * * * *
_This Day is published_,
_Beautifully printed, in a neat Pocket Volume, Price_ 2 s. _sew'd, or_ 2 s. 6. d. _bound_,
A J O U R N E Y through Part of England and Scotland along with the Army, under the Command of his Royal Highness the Duke of Cumberland. Wherein the Proceedings of the Army, and the happy Suppression of the Rebellion in the Year 1746, are particularly described. As also, the Natural History and Antiquities of the several Places passed through. Together with the Manners and Customs of the different People, especially of the Highlanders. By a Volunteer. Comprised in several Letters to a Friend in London.
Printed for T. Osborne, in Gray's-Inn.
=Transcriber's Notes:= hyphenation, spelling and grammar have been preserved as in the original Governour ==> Governor" [Ed. for consistency] Page 3, the Inhatants of ==> the Inhabitants of Page 12, by their Forts. ==> by their Forts." Page 22, so advantagious a ==> so advantageous a Page 42, following Orignal Letter ==> following Original Letter Page 51, BRETRHEN of the ==> BRETHREN of the Page 52, Shawanese, "That they ==> Shawanese,' "That they Page 56, had any Warriours ==> had any Warriors Page 61, for us.' We ==> for us." We Page 62, proper Information. ==> proper Information.' Page 71, in obtaining Justice. ==> in obtaining Justice.' Page 77, would communicate. ==> would communicate.' Page 80, Canassetego taking a ==> Canassatego taking a Page 94, no onger. Your ==> no longer. Your Page 106, good Undestanding with ==> good Understanding with Page 110, Conred Weiser ==> Conrad Weiser Page 112, Lands at at our ==> Lands at our Page 112, well, it it hath ==> well, it hath Page 115, Shick Calamy ==> Shickcalamy Page 127, to have resonable ==> to have reasonable Page 132, that Seareh has ==> that Search has Page 135, "As we have already ==> As we have already Page 146, Design, and and the ==> Design, and the Page 163, was entred into ==> was entered into Page 176, a mischievous People. ==> a mischievous People.] Page 177, was wrought. ==> was wrought.] Page 182, Massachuset's-Bay ==> Massachusets-Bay Page 183, the Enemies' Blood ==> the Enemies' Blood Page 185, interpreted as as follows ==> interpreted as follows Page 194/195, War-like Enprizes ==> War-like Enterprizes Page 208, other Country whatsover ==> other Country whatsoever Page 215, or Molestation whatsover ==> or Molestation whatsoever Page 235, to the Criminial ==> to the Criminal Page 240, the Porportion which ==> the Proportion which Page 245, Act ACT of Settlement ==> An ACT of Settlement Page 264, John Bud, jun. ==> John Bud, jun., Page 278, other their Officers ==> their other Officers