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for sheriffs and coroners, to serve for three years 1701. if they so long behave themselves well, out of which w elections and presentments the Governor shall no. Elections minate and commissionate one for each of the said an offices, the third after such presentment, or else ners. the first named in such presentment, for each office, as aforesaid, shall stand and serve in that office, for the time before respectively limited: In case of death and default, such vacancies shall be supplied by the Governor, to serve to the end of the said term.
s Provided always, That, if the said freemen shall, at any time neglect, or decline to chuse a person, or persons, for either, or both the afore, said 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. “ And, that the Justices of the respective coun, Of the
clerk of the ties fhall, or may, nominate, or present, to the peace. Governor, three persons, to serve for Clerk of the Peace for the said county, when there is a vam cancy; one of which the Governor shall commifsionate within ten days after such presentment, or else the first nominated shall serve in the said office, during good behaviour.
IV. 6 That the laws of this government shall stile of the be in this stile, viz. By tbe Governor, with the con laws. sent and approbation of the Freemen in General Affen. bly 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. " That all criminals shall have the same pri- Privilege vileges of witnesses and council, as their profe- of cr cutors,
VI. “That no person, or persons, fhall, or may, at any time hereafter, be obliged to answer
not to co
1701. any complaint, matter, or thing, whatsoever, reW lating to property, before the Governor and Coun. Disputes of cil, or in any other place, but in the ordinary
me courts of justice, unless appeals thereunto shall be before the hereafter, by law appointed. Governor and Coun- VII. “ That no person within this government cil. shall be licensed by the Governer, to keep ordinary,
Tavern- tavern, or house of public entertainment, but such, to be re. who are first recommended to him, under the hands commend of the justices of the respective counties, signed ed before
in open court; which justices are, and shall be, hereby empowered to suppress and forbid any person keeping such public 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. Estates of VIII. “ If any person, through temptation, or persons kil- melancholy, shall destroy himself, his estate, real ling themfelves, &c. 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.
" And 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 fix parts of seven of the Assembly met. Liberty of "And, because the happiness of mankind deconscience pends so much upon the enjoying of liberty of their thall be for ever,
107 consciences, as aforesaid, I do hereby solemnly de
clare, 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 1701. alteration, inviolably for ever.
" And, lastly, I, the faid William Penn, Pro- The Proprietary and Governor of the province of Penn- prietary so
lemnly conSylvania, and territories thereunto belonging, for firms this myself, my heirs and assigns, have folemnly de-charter. clared, granted and confirmed, and do hereby folemnly 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 perfon, or persons, contrary to these presents, it shall be held of no force, or effect.
In witness. whereof, I, the said William Penn, Date. of Philadelphia, in Pennsylvania, have unto this 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 William the third, over England, Scotland, France and Ireland, &c. and the twenty-first year of my government.”
“ And, notwithstanding the closure and test of Proviso, this present charter, as aforesaid, I think fit to add that the this following proviso thereunto, as part of the and terri
of shprovince fame, that is to say, That, notwithstanding any tories may
separate in clause, or clauses, in the above mentioned charter, legislation, obliging the province and territories to join toge- &c. ther in legislation, I am content, and do hereby declare, that if the Representatives of the province and territories shall not hereafter agree to join toge. ther in legislation, and that the same shall be fignified to 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
1701. of them, at any time, within three years from the M 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 faid 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. To enjoy " Notwithstanding which separation of the prothe same privileges, vince and territories, in respect of legislation, I when fepa- do hereby promise, grant and declare, that the when con- inhabitants of both province and territories shall nected. 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 the General Assembly to the contrary hereof notwithstanding.
“ WILLIAM Penn." " This charter of privileges 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 twentyeighth day of October, one thousand seven hun, dred and one, 1701.
“ Signed on behalf, and by order,
of the Asembly, per
“ Joseph GROWDON, Speaker. 5. Edward Shippen, “ Phineas Pemberton, Proprietary « Samuel Carpenter, and 66 Griffith Owen, Governor's 46 Caleb Pufey,
| Council.” 4 Thomas Story,
The Proprietary likewise, by letters patent, un- 1701. der the great seal, bearing even date with this char- m ter, established a Council of state for the province The Prom
prietor also and territories, “ To consult, and alift the Proprie- constitutes tary himself, or his Lieutenants, or Deputies, with a council of the best of their advice and counsel, in public affairs“ and matters relating to the government, and to the peace, well-being and safety of the people thereof; and, in the absence of the Proprietary, or upon the Lieutenant's death, or incapacity, to exercise all, and fingular, the powers of government,” &c.*
Moreover before the Proprietary left the country, he favoured the town of Philadelphia, then become very considerable, and in a flourishing
• This inftrument was as follows, vie. & WILLIAM PENN, true and absolute Proprietor and Governor in
chief of the province of Pennsylvania, and territories thereunto be
longing, to all, to whom these presents shall come, sendeth Grecting: « KNOW YE, That I have nominated, appointed and ordained my trusty and well-beloved friends, Edward Shippen, Fohn Guest, Samuel Carpenter, William Clark, Thomas Story, Griffitb Owen, Phineas Pemberton, Samuel Finney, Caleb Pufey and Jobn Blunson, to be my Council of State, for the government of the said province of Pennsylvania, and counties annexed; of wbom any four shall be a quorum, to consult and assist with the best of their advice and counsel, me, or my Lieutenant, or Deputy Governor, for the time heing, in all public affairs and matters relating to the said government, and to the peace, safety and well-being of the people thereof; and in the absence of me, and of my Lieutenant, out of the said province and territories; or upon my Lieutenant's decease, or other incapacity, I do, by these presents, give and grant to the said Edward Shippen, &c. or any five of them, to exercife all, and singular, the powers, jurisdictions and authorities whatsoever to me and my heirs, by virtue of the Royal Charter, or letters patent, of King Charles the second, given and granted, that are, or shall be necessary for the wellgoverning of the said province, and territories, and for the administering, maintaining and executing of justice, and providing for the safety and well-being of the faid people, during such absence; they, and each of them, the said Edward Shippen, &c. to continue in place till my surther order shall be known.
“And I do hereby further grant to my Lieutenant Governor, for the time being, full power and authority, upon the decease, or removal, of any of the said Council, to nominate and appoint others to serve in their place and stead, also to add to the number, when, and so often, as my said Lieutenant shall fee cause; and in case he shall not appoint a President, then the first named, or the next to him, shall, and is hereby im. powered to take the chair. “ Given under my hand, &c. at Philadelphia, the 28th. of October,
in the 13th. year of King William, A. D, 1701.”