|
| [Dec. 1.] |
1. Petition of the Inhabitants of Carbonear in the Bay of
Conception in Newfoundland, to the Queen. Being in daily fear
of the neighbouring French, and those of Canada being near
unto us, who in the late war did utterly destroy our habitations
and effects by fire, notwithstanding we betook ourselves to a
small island with what little forces we had, and maintained the
same against their vigorous assaults; we have contributed
towards buying some guns and ammunition to secure us from
our enemies, and one of the Islands in this Bay, which we will
endeavour, under the help of God, to maintaine, tho' to our
great griefs wee are forced to leave our habitations. Pray H.M.
to take this and the preservation of the harbour into consideration.
Signed, Colin Campbell, Tho. Edwards, William Pynne, George
Davies, Robert Pynne, Francis Shepeard, Richard Gattrell,
Henry Goole, Jonathan Webber, Isaac Schoolen. Subscribed,
H.M. is pleased to refer this Petition to the Lords Commissioners
of Trade and Plantations to consider what may be fitly done for
the preservation of the Harbour etc. Signed, C. Hedges. The
whole endorsed, Recd. Read Feb. 17, 1702/3. 1 p. [C.O. 194, 2.
No. 87; and 195, 3. pp. 158, 159.] |
Dec. 1.
Whitehall. |
2. William Popple to Josias Burchet. Forwarding
Lt.-Governor Beckford's views about the health of the fleet etc.
for the information of the Admiralty. [See No. 3.] [C.O. 138,
10. pp. 380, 381.] |
Dec. 1.
Whitehall. |
3. Journal of Council of Trade and Plantations. Letter to
the Lord Treasurer signed and sent. |
|
Letters from Lt.-Governor Beckford July 20 and 28, and
Aug. 25 and 26 read. Minutes of Council of Jamaica transmitted
were laid before the Board. Upon Col. Beckford's proposal
that the seamen in Admiral Bembow's fleet should not be
changed, ordered that it be signified to Mr. Burchet, to be by
him communicated to H.R.H.'s Council for the Admiralty. |
|
Directions given for communicating other paragraphs to the
Lord Peterborough and to the Earl of Nottingham. |
|
The Secretary acquainted the Board that Mr. Penn had
lately left with him the names of Mr. Paul Docmenique,
Adolf Philips, and Joseph Ormstone as persons proposed by
him to be security for Col. Hamilton's observing the Acts of
Trade etc. |
|
Mr. Penn's answer to the four Queries sent him in May and
June last, having been brought hither the last night, the same
was laid before the Board and read. Whereupon ordered, that
the Secretary do acquaint Mr. Penn that tho' the Board do not
think his answer altogether satisfactory, yet in order to the
dispatch of this affair they are willing at present to acquiesce
with it. And further to mind him that by H.M. Order in Council
of Nov. 11 he is required to declare under his hand that H.M.
allowance of Col. Hamilton to be his Deputy Governor in
Pennsylvania shall not be construed in any manner to diminish
or set aside H.M. right and title to the three Lower Counties
upon Delaware River; the performance whereof they expect
and will then forthwith order a letter to be writ for the taking
of security for Col. Hamilton, as has been lately done in other
the like cases. |
| Dec. 2. |
Order of Council, Aug. 24, read. |
|
Letter to Lord Nottingham signed. |
|
The Secretary acquainting the Board that Dr. Stringer and
others who solicite the settling of Tobago have desired copies
of the reports formerly made upon that subject, ordered that
the same be given them. |
| Dec. 3. |
[Bishop of London attending.] Directions given for preparing
a letter from the Board to the Earl of Nottingham relating to
the clause in the Earl of Peterborough's Instructions, which
mentions the time given to the Assembly of Jamaica for settling
H.M. Revenue in that Island. |
|
Letters and papers, received from the Lord Cornbury Nov. 30,
were laid before the Board. Two of the letters read. |
|
Order of Council, Nov. 26, read. Ordered that a letter be
prepared to Sir Bevil Granville to be communicated to the Council
of that Island in pursuance thereof. |
|
Petition from Gabriel Thomas read. |
|
Representation to H.M. upon a present to Col. Dudley
signed. |
|
The Lord Bishop of London desired the Board when the Acts
of New York and of the Leeward Islands shall come under consideration that they would be mindful of his objections against
the particular Acts mentioned in the Minutes of June 15, as
likewise against the Act relating to clandestine marriages.
[C.O. 391, 15. pp. 295–308; and 391, 96. Nos. 193–195.] |
| Dec. 1. |
4. Minutes of Council in Assembly of Barbados. Alexander
Walker was appointed Chief Judge of the Court of Common
Pleas for the precincts of St. Peters, and Lt.-Col. Bartholomew
Rees Chief Judge of the precincts of St. James. |
|
The Assembly attending, the President addressed them:—We live now under a most happy constitution, in which H.M.
Prerogative is no more than is necessary for the preservation of
the liberties and properties of her subjects and seems to be
effected by Her onely to this end, so that I think we want nothing
but our own concurrence to make us happy, and it is certainly
the interest as well as the duty of each part of the Government
and every member of it to express their gratitude to the Queen and
their zeal for the publick good by an unanimous, hearty,
and industrious prosecution of whatever may tend to H.M.
honour and fall in with her gracious designs for the good and welfare
of her subjects etc. In order to which I have frequently (by
the advice of the Council) called you together and often attended
upon your own appointments, but have been very often disappointed either by your not making an house at all, or by your
sudden and unexpected adjournments. We should be very
willing to let everything pass without the least animadversion,
which is only personal, but when the contempts that are thrown
upon us, H.M. President and Council, terminate at last in the
dishonour of the Queen and tend to the disparagement of
her Government and the demenution of her authority, to be
silent would be a fault, and I therefore must desire you to consider the nature of your late transactions and see if they do not
look this way. First, in relation to your proceedings in reference
to the late Act for fitting out ships of war, whether they were
agreable to the obedience and duty you owe to H.M., and in
consequence of that to that deference and respect which myself
and this Board might reasonably have expected from you. You
were pleased to bring us in a long Bill very late, which notwithstanding we did peruse, being always willing to give a despatch
to the necessary publick affaires, and finding there was a necessity
of making some amendments, we told you we would offer them
to you with all expedition, upon which Mr. Speaker informed us,
as from your whole House, that you were resolved not to admit
of any alteration of one title of the Bill, and if this Board would
not pass it, as it was brought up, you would immediately returne
and dismiss the vessels we were in treaty about for H.M. and the
country's service, and all the bad consequences should lie at
our door, when at the same time we were very sensible (and
cannot believe you could be ignorant, yourselves afterwards
consenting to the amendments), that the Bill could not be passed
by us as it was presented by you, without very severe and just
reflections both upon our loyalty and understandings, which
we take to be a very inperious treatment, both unbecoming you
to offer and us to receive, and implies you are of opinion wee
sit here as your Ministers, not your superiors in the Government,
but you expect to prescribe to us, not to advise with us, and
require our obedience rather than desire our assent. And when
Mr. Speaker was informed, in terms as mild as his behaviour
would well admit of, that those proceedings seemed to imply an
intention to surprize and impose upon us, he flew out into
indecencys of expression, aggrandizing the Assembly and
degrading H.M. President and Council, telling us that you were
the great Council of this Island, and then by consequence we
must be the lesser; that you represented all the people of this
Island, but we represented nobody but ourselves. But, however, Mr. Speaker, we know very well whom we represent, and
though our principles as well as our interests engage us to be
as tender of the people's liberties as you yourselves ought to be,
yet we think ourselves obliged in duty and conscience (and so
are you too) to assert H.M. honour, just power and right of
Government, which your late proceedings seem not to be very
consistent with, for your magnifying yourselves above H.M.
Governor and Council looks like a subversion of the Government
or an invasion of the order of it, and strikes at that regular
subordination in the several parts of the Government which
unites them, and is the strength as well as the beauty of our
Constitution. And to this we may add your great presumption
and invasion of H.M. right and prerogative in taking up, manning
and equipping several vessels of war and appointing officers to command them, by a Committee of our [sic] own House without
even so much as acquainting me with it, and exclusive to all the
Members of the Council, a presumption not to be paralleled
under a lawful Government since the first settlement of this
Island. |
|
I come now to represent to you wherein I apprehend you have
fallen short in your zeal for the welfare of the people whom you
represent, and that in general is either your failing the appointment of your meetings, [or], when you are met, your want of
patience to stay so long together till the necessary affairs of the
Island be dispatched. Refers to recent instances of their sudden
adjournments as shewing "the little disposition you have for the
service of your country, and not only a great disrespect and
contempt of myself and this Board, but to be very inconsistent
with that duty and obedience you owe to H.M." etc. |
|
Then the President desired them to take some effectual care
to raise money for paying the men that were taken up in the
country's service, at their return from their cruise, as was promised
them, that the credit of the country might not suffer; also to
provide for the reception of the Governor, who is daily expected,
(and likewise that the Earl of Peterborough, Governor of Jamaica,
who is expected to touch at this Island) might be entertained
as is fit for a person of that quality. Then he delivered to them
the letters that came by the last pacquet, that they might take
care and provide what is required by them, except that letter
relating to a design on the French Islands with order to keep
the same secret, this Board being of opinion that it might be an
occasion of making that design too publick, and therefore the
President was desired to keep it private till the arrival of the
Fleet. [C.O. 31, 6. pp. 310–320.] |
| Dec. 1. |
5. Journal of Assembly of Barbados. The House met by
special summons from the President. See preceding abstract.
Letters from the Earl of Nottingham (May 21 and June 5 and
Sept. 3) laid before the Assembly. Also one from Mr. Dummer,
Portsmouth, Oct. 12, 1702;— |
|
"H.M. having been pleased to countenance my proposal for
a correspondence to the Island Plantations etc. you will apprehend by the enclosed print that there are four [vessels], which
are designed to succeed each other monthly, that their motions
are determined to be very quick, because thereon depends the
chief fruit that is to be reaped. Recommends to their care the
Captain 'of this the first vessel that begins the intended correspondence.' " |
|
Committee appointed to draw an answer to the charge of the
President and Council made when the Assembly last waited on them. |
|
Resolved, that a levy of 3s. 1½d. on negroes per head
be laid on all owners or possessors of slaves; that all overseers
who have 80l. per annum be assessed; that the whole Nation
of the Jews pay 450l. sterl.; that the inhabitants of St. Michael's
Town pay 940l. sterl. for their houses, trade and personal estates;
that the numbers of negroes be given in before the Representatives
in 20 days after the publication of this Act, and the List be given
into the Treasurer in 5 days afterwards; that every person
who shall advance money for the uses of the Act in 50 days after
publication, shall be allowed after the rate of 12 per cent. per
annum, and all who make prompt payments of their levys within
the time aforesaid shall be allowed 12 per cent. Resolved,
that the money raised by such Acts be for the payment of the
arms and ammunition sent for by Col. Peers and Wm. Heysham
at the request of the Assembly; for the expenses of fitting out
vessels of war lately employed in the country's service; for
payment of the Agents in England their salaries and arrears;
for payment of debts due from the publick upon the importation
of servants, and for discharging any other of the public que
debts. |
|
Petition of Charles Thomas, for payment for the brigantine
Madeira, lost in the country's service, granted. |
|
Petition of the mariners of the Seaflower sloop of war, concerning the maintenance of Spanish prisoners, referred to a
Committee. |
|
Wm. Heysham was granted a drawback on 16 pipes of Madeira
wine turned sour. |
|
The House adjourned for three weeks. [C.O. 31, 7. pp. 2–13.] |
Dec. 2.
Whitehall. |
6. Council of Trade and Plantations to the Earl of Nottingham.
Having lately received a letter from Col. Beckford signifying
that the Dutch from Curacoa drive a constant trade with the
Spaniards, as if there were no war; and that they supply the
Spaniards as well with ammunition as provisions, we propose
that directions may be given to H.M. Minister at the Hague
to make application to the States General, that their subjects
be strictly forbid to send any ammunition to the Spaniards
during this time of war; and that H.M. would be pleased to
direct letters to be writ to the respective Governors of all her
Plantations in America that they do not send ammunition of
any kind to any place whatsoever not belonging to her Majesty.
Signed, Weymouth, Dartmouth, Ph. Meadows, Wm. Blathwayt,
John Pollexfen, Mat. Prior. 1 p. [C.O. 5, 3. No. 6; and
138, 10. p. 392.] |
| [Dec. 3.] |
7. Gabriel Thomas to the Council of Trade and Plantations.
William Penn and his Stewards did oppress the inhabitants of
the territories of Pennsylvania by taking their cattle for the
quit-rents twice the value of what they owed, without giving
them any satisfaction or manifestation of their power so to do,
neither would Penn let them see his deeds, nor let them know
where the line that divided between the said territories, Mariland
and his own Province, was, with many other intolerable
oppressions, which occasioned them to forsake the territories
that belongs to the Crown and go to Penn's own Province and
West New Jersey, where no tobacco is made, which is to the
Crown's loss at least 20,000l. per annum, as petitioner and
Col. Quary computed, and appears by petitioner's former petitions.
Thereupon petitioner was summoned by Col. Quary to appear
on evidence for the Crown against Penn, which has reduced him
to a very low, poor, and distressed condition, not only like to
loose his land and wages, but also threatened to be thrown into
gaol and continue there during his life, unless prevented by
your Lordships. Penn by his answer doth not deny anything
that Petitioner laid to his charge concerning the Crown's damage.
Therefore prays your Lordships to relieve your poor petitioner
and free the Planters from such oppressions by some ways as
your Lordships shall see most meet. Endorsed, Recd. Read
Dec. 3, 1702. ¾ p. [C.O. 5, 1262. No. 7.] |
Dec. 3.
Whitehall. |
8. Council of Trade and Plantations to the Queen. Recommend that Governor Dudley may have leave to receive the present
of 250l. voted to him by the Assembly of New Hampshire. Signed,
Weymouth, Dartmouth, Ph. Meadows, Wm. Blathwayt, John
Pollexfen, Mat. Prior. [C.O. 5, 910. pp. 302, 303.] |
Dec. 4.
[4 Xber.] |
9. William Penn to [? the Council of Trade and Plantations].
Honble. Friends, I have sign'd a paper that I hope will please
you, and can signe no others without signeing away those dear
bought countys that 20,000l. will not reprize me, as well in soyl
as Govert. I begg your favour in my dispatch, and that I may
have three coppys sign'd of the Queen's approbation, to keep
one and send two by several ways of conveyance. I am, without
leggs, but with great respect, your faithfull Friend to serve you
to my power. Signed, Wm. Penn. Holograph. 2 pp.
Enclosed, |
|
9. i. Declaration of William Penn. 4th Xber, 1702. I do
hereby declare and promise I will take no advantage of
the Queen's Royall approbation of my Deputy Governour
Col. Andrew Hamilton, for one year, to elude or diminish
her pretensions or claime of Right to the Government
of the Lower Counties upon Delaware, now under the
administration of the said Hamilton in conjunction
with the Province of Pennsylvania. Signed, Wm. Penn
Endorsed, Recd. Read Dec. 8, 1702. Copy. 1 p
[C.O. 5, 1262. Nos. 8, 8 i.] |
| Dec. 4. |
10. William Atwood to the Council of Trade and Plantations
Notwithstanding the late Act of Parliament and H.M. Proclamation
for continuing persons in their offices, Lord Cornbury within
three months of H.M. decease, suspended William Atwood from
all his offices in New York upon articles exhibited against him
by men who unreasonably thought themselves agrieved by his
judgments in the Supreme Court or Court of Admiralty, a copy
of which Articles he often promised Atwood, who was ready to
justify himself upon every one of them, tho' they were chiefly
of matters not within his Lordship's cognizance, yet he first
pronounced a suspension, and then delivered a copy of the
Articles, and after that directed examinations to support them
to be taken before Atwood's enemies. To colour which
proceedings he has sent your Lordships' papers filled with all
that could be suggested by ill men who have justly incurred
forfeitures. Prays for copies thereof. Signed, Atwood. Endorsed,
Recd. Read Dec. 3 [sic], 1702. Holograph. 2½ pp. [C.O. 5, 1047.
No. 79.] |
Dec. 4.
Whitehall. |
11. Council of Trade and Plantations to the Earl of
Nottingham. In a clause of the Instructions for H.M. Governor
of Jamaica relating to the settling of the public Revenue of
that Island, there being time allowed to the Assembly until
March for passing and offering to H.M. such Act for settling
the Revenue as might be fit to receive H.M. Royal approbation,
but the Governor not being yet dispatched, we look upon that
time as too short, and offer our opinion to your Lordship that
in the Instructions now to be given to the Earl of Peterborough,
the time may be prolonged until Oct. next. Signed, Dartmouth,
Ph. Meadows, John Pollexfen, Mat. Prior. [C.O. 138, 10. p. 394.] |
| Dec. 4. |
12. Journal of Council of Trade and Plantations. Letter
to the Earl of Nottingham signed. |
|
Gabriel Thomas pressing for some report upon his differences
with Mr. Penn, which their Lordships did not find proper for
them to make, ordered that copies be taken of any of his papers
that he desires to have returned to him, and the original returned
to him. |
|
Memorial from Mr. Atwood read. |
|
Letter from Lord Cornbury, Sept. 27, with the Address of the
Inhabitants of New York to his late Majesty and an Address
to the House of Commons, both dated Dec. 30, 1701, and referred
to in the said letter as being the original Addresses for which.
Col. Bayard and others were condemned at New York, were
read. [C.O. 391, 15. pp. 308, 309; and 391, 96. No. 196.] |
Dec. 4.
Boston. |
13. Minutes of Council of the Massachusetts Bay. H.E.
acquainted the Board that he intended to set out the next week on
a journey to Piscataqua, and that he would notify the Indians of
his being there, and get opportunity of seeing and speaking
with some of the principal of them, to hold them still in the
English interests. And proposed that some of the Council would
give him their company. |
|
20l. paid to James Robe for carrying letters to Nova Scotia
last spring. |
|
Warrants issued for various salaries. |
|
74l. 13s. paid to Mr. Treasurer Taylor, in addition to the 25l.
he hath already received, in full of his accompt of charges and
disbursements expended in endeavouring to find the line of
division between this Province and the Colony of Connecticot
and for his service in the preparation of Instruments. |
|
6l. paid to John Phillips, Penn Townsend, Nathaniel Byfield
and John Nelson for their service in managing a Treaty with
the Eastern Indians, 1701. |
|
4l. over and above what was allowed for their expenses, paid
to John Hathorne, Daniel Peirce, James Converse, James Coffin,
Capt. Edwd. Brattle and John White, the Committee that waited
on H.E. to Pemaquid. |
|
20l. paid to Capt. Henry Crofts, H.M.S. Gosport, for his entertainment of H.E. and the gentlemen that waited on him in his
late voyage to Pemaquid, and 6l. to John Watson, Purser of
H.M.S. Gosport, for his extraordinary expenses in wood, candle etc. |
|
1l. 14s. paid to Alexander Bogle for 17 days labour in building
a fortification at Worcester by order of authority in the time
of Sir Edmund Andros. |
|
40s. paid to Henry Flint, the first Fellow of the College, for
his attendance as Chaplain to H.E., Council and Representatives
during the Session of General Assembly at Cambridge. |
|
72l. paid to the Rev. Samuel Willard, Vice-Precident of Harvard
College, for his service in the said office, and more than ordinary
expence in attending the same, from Sept. 6, 1701—Nov. 6, 1702. |
|
35l. each paid to Thomas Brattle and Capt. Timothy Clarke
of the Committee for the Fortifications making on Castle Island,
for their service. |
|
4l. 3s. 4d. paid to Nicholas Boone, of Boston, for 100 books
of the last Election Sermon of the Rev. Mr. Increase Mather,
which he printed according to order. |
|
4l. 10s. paid to Joseph Beane, Interpreter for the Indians at
H.M. Fort at Saco, to complete the payment for his cure of a
wound received in the service. [C.O. 5, 789. pp. 472–474.] |
| Dec. 5. |
14. Mr. Wharton to Mr. Popple. Enclosing draft of a Patent
to be laid before the Council of Trade and Plantations. Signed,
Wm. Wharton. Endorsed, Recd. 6th, Read Dec. 16, 1702.
1 p. Annexed, |
|
14. i. Note [? by William Popple] that the Draught of the
Charter referred to was returned to Mr. Wharton, Jan. 8,
1702/3, with the addition of certain clauses etc. 1½ pp. |
|
14. ii. Draft of a Charter for importing Naval Stores, referred
to in preceding. With amendments. 17 large pp.
[C.O. 5, 862. Nos. 137, 137 i, ii; and (without
enclosures) 5, 910. p. 303.] |
Dec. 5.
Philadelphia. |
15. J. Moore to [? the Council of Trade and Plantations].
I have sent a copy of one of Mr. Penn's Charters to this City
(all I can come at), tho' two others were passed at his departure,
wherein he has been very liberal in point of Government. Refers
to the "hardships for near five years undergone in the trusts
committed to mee without either salary or reward." Signed,
J. Moore. Endorsed, Recd. Read Feb. 4, 1702 (1703). Holograph.
1 p. Enclosed, |
|
15. i. Copy of the Charter of the City of Philadelphia, granted
by William Penn, Philadelphia, Oct. 25, 1701. I do
by these presents erect the Town and Burrough of
Philadelphia into a City, which shall extend the limits
and bounds as it is laid out between Dellaware and
Skoolkill, and I doe 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 ends of each street extending into the
River Delaware shall bee 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 farr out
into the River there as the Mayor, Aldermen, and
Common Council shall see meet. And I do nominate
Edward Shippen to be the present Mayor and Thomas
Story to be present Recorder, and Thomas Farmar to
be present Sheriffe, and Robert Asheton to be present
Town Clerk and Clerk of the Peace and Clerk of the
Court or Courts, and Joshua Carpenter, Griffith Jones,
Anthony Morris, Joseph Wilcox, Nathan Stanbury,
Charles Read, Thomas Masters and William Carter,
citizens of the said City, to be the present Aldermen;
and John Parsons, William Hudson, William Lee,
Nehemiah Allen, Thomas Paschall, John Budd, jr.,
Edward Smoutt, Samuel Bulkeley, James Atkinson,
Penticost Teauge, Francis Cooke and Henry Baddcock
to be the present 12 Common Councillmen. And I
doe grant and declare that the said Mayor, Recorder,
Aldermen, and Common Councillmen and their successors
for ever shall be one body corporate and politick in deed
and by the name of Mayor and Commonalty of
Philadelphia, able and capable in Law to have, get,
receive and possess lands, tenements, rents etc. etc.
and to give, grant, let, set them etc.; able and capable
in Law to sue or be sued etc. in all manner of actions
etc.; to use one Common Seal for the sealing of all the
businesses touching the said Corporation. And I doe
for mee, my heirs and successors grant full power and
authority unto the Mayor, Recorder, and Common
Council, or any five or more of the Aldermen and nine
or more of the Common Councilmen, 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 roome or place within the said City to be by
them appointed, and then and there nominate, elect
and chuse one of the Aldermen to be the Mayor for
that ensuing year, and also to add to the number of
Aldermen and Common Councillmen, such and so
many of those that by vertue of these presents shall be
admitted freemen of the said City from time to time
as they shall see occasion; and that such person who shall
be so elected Mayor shall within three days next after
such election be presented before the Governor of this
Province or his Deputy and shall subscribe the
Declarations and profession of his Christian belief according to the late Act of Parliament, 1st William III, and
then and there the Mayor so presented shall make his
solemn affirmation and engagement for the due
execution of his office; and the Recorder, Sheriffe,
Aldermen, and Common Councillmen and all other
officers of the City before they shall be admitted to
execute their respective offices, shall make and subscribe
the said Declarations and profession before the Mayor,
and at the same time shall be attested for the due
execution of their offices respectively. The Mayor,
Recorder, and Aldermen for the time being shall be
Justices of the Peace and Justices of Oyer and Terminer,
and they or any four of them, whereof the Mayor and
Recorder shall be two, shall have power to hear and
enquire into all manner of treasons, murder, manslaughter 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 larcenys, 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
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 amercements to be imposed for
the said offences. And do hereby impower them,
or any four of them, whereof the Mayor and Recorder
shall be two, with the City Sheriffe and Town Clerk
to hold and keep a Court of Record quarterly, or oftener,
for 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 City to be
removed, and punish the parties concerned, as the
Law and usage shall require. They shall be Justices
of the Peace also of the County Courts. They may, when
they see occasion, erect a gaol and Court-house within
the City. The Mayor and Recorder shall have power
to take recognizance of debts. The Mayor from time
to time to appoint the Clerk of the Market, who shall
have assize of bread, wine, beer, wood and other things.
And I will that the Coroners to be chosen by the County
of Philadelphia shall be the Coroner of the City and
liberties thereof, but that the Freemen and Inhabitants
of the City, as often as occasion be, have equal liberty
with the Inhabitants of the County to recommend or
chuse persons to serve in the respective capacities of
Coroner and Sheriffs for the County of Philadelphia,
who shall reside within the said City, and that the
Sheriffe of the City and County shall be the waterbayliffe, who shall and may execute and perform all
things belonging to the office [of] water-bayliffe upon
Dallaware River and all other navigable Rivers and
Creeks within this Province. In case the Mayor misbehave himself or misgovern, I hereby impower the
Recorder, Aldermen, and Common Councillmen, or
five of the Aldermen and nine of the Council to remove him
from his office, and in case of the death of the Mayor,
then another fit person shall within four days next
after such death or removal be chosen as above directed.
And least there should be a failure of Justice or Government in such interval, the eldest Alderman shall take
upon him the office of Mayor till another be chosen;
and in case of his disability, then the next in seniority.
In case the Recorder or any of the Aldermen or
Councillmen, Constables, or Clerk of the Market shall
misbehave, they shall similiarly be removed and others
chosen in their stead. In case a citizen be chosen
Mayor, Alderman, or Common Councillman and refuse
to serve, the Mayor, Recorder, Aldermen, and Common
Councillmen, or major part of them, may impose a fine
not exceeding 40l. for Mayors, 35l. for Aldermen, and
20l. for Common Councillmen, and chuse others instead.
The Mayor, Recorder and one of the Aldermen may
from time to time summon a Common Council. No
assembly or meeting of the citizens shall be deemed a
Common Council unless the Mayor and Recorder and
at least three Aldermen and nine Common Councillmen
be present. The Mayor, Recorder, Aldermen, and
Common Council, at their Common Council, shall have
power to admit such and so many Freemen into their
Corporation as they shall think fit; and they may
make such and so many good reasonable Laws,
Ordinances and Constitutions (not repugnant to the
Laws of England and this Government) as to the greatest
part of them at such Common Councils assembled shall
seem necessary and convenient, the said Laws etc. to be
put in execution by the proper officers of the City;
and at their pleasure to revoke, alter and make anew
as occasion shall require, and also impose such mulcts
and amercements upon the breakers of such Laws etc.
as to them shall be thought reasonable; all such fines
etc. to be levied to the use of the Corporation without
rendering any account thereof to me, my heirs and
successors, with power to the Common Council to
mitigate or release them, upon the submission of the
parties, provided always that no person 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 City unless
they be free denizens of this Province and are of the age
of 21 years or upwards, and are inhabitants of the City,
and have an estate of inheritance or freehold therein
or are worth 50l. in money or other stock, and have
been resident in the City for the space of two years,
or shall purchase their freedom of the Mayor and Commonalty. The Mayor and Commonalty may hold
two market-days a week, on the 4th and 7th day of the
week, and two fairs a year, beginning on the 16th of the
3rd month called May, in and about the market-place, and
the 16th of the 9th month, for three days each. And
I doe for me, my heirs and assigns, by vertue of the
King's Letters Patents, constitute the City of Philadelphia
to be a port or harbour for discharge and unlading
of goods upon such keys and wharfs as by the Mayor,
Aldermen, and Common Council shall be thought most
expedient. The said port shall be called the Port of
Philadelphia, and shall extend into all such creeks,
rivers and landing-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 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. And I do also ordain
that the landing-places now and heretofore used at
the Penny Pott House and Blew Anchor (saving to all
persons their just and legal rights and property in the
land so to be left open, as also the swamp between
Budd's Buildings and the Society Hill) shall be left
open and common for the use of and service of the said
City and all others with libertie to digg docks and
make harbours for ships and vessels in all or any part
of the said swamp. And I doe 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 City until the same
shall be gradually taken 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 land that lies
between the Center meeting-house and the Skoolkill,
which I intend shall be divided from the land by me
allotted for Delaware side by a straight line along the
Broad Street from Edward Shippens land throughout
the centre Square to Daniell Peggs Land, nor shall
the fencing and taking in of any of the streets happening
to be within that enclosure on Skoolkill be deemed or
adjudged to be an encroachment, where it shall not
interfere or stop any of the streets or passage leading
to any of the houses built or to be built on that side,
anything herein contained to the contrary notwithstanding. And I doe 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. Signed, Wm. Penn, Philadelphia, Oct. 25,
1701. Copy. 7¼ pp. [C.O. 5, 1262. Nos. 9, 9.i;
and (without enclosure) 5, 1290. pp. 297, 298.] |
