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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 nominate and commiffionate one for each of the said and Coro
of Sheriffs 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 faid term.
“ Provided always, That, if the said freemen fhall, 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 counties fhall, or may, nominate, or present, to the 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 commilfionate within ten days after such presentment, or else the first nominated shall serve in the said office, during good behaviour.
IV. “ That the laws of this government shall Stile of the be in this stile, viz. By the Governor, with the con- laws. sent and approbation of the Freemen in General Affembly 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 fame pri- Privilege vileges of witnesses and council, as their profecutors,
VI. “ That no person, or persons, fhall, őr may, at any time hereafter, be obliged to answer
Of the clerk of the peace.
Governor and Council.
to be re
1701. any complaint, matter, or thing, whatsoever, re. W lating to property, before the Governor and CounDisputes of cil, or in any other place, but in the ordinary not to come courts of justice, unless appeals thereunto shall be before the hereafter, by law appointed.
VII. - That no person within this government
shall be licensed by the Governer, to keep ordinary, Tavern- tavern, or house of public entertainment, but such, keepers,&c.
who are first recommended to him, under the hands commend of the justices of the respective counties, signed ed before Licensed. 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.
VIII. “ If any person, through temptation, or perfonskil- melancholy, shall destroy himself, his estate, real Alves, &c. and personal, fhall, notwithstanding, defcend 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 deGonscience pends so much upon the enjoying of liberty of their
consciences, as aforesaid, I do hereby folemnly declare, promise and grant, for me, my heirs and affigns, 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
Thall be for ever,
thereof, shall be kept, and remain, without any 1701. alteration, inviolably for ever.
“ And, lastly, I, the said William Penn, Pro- The Proprietary and Governor of the province of Penn- prietary foSylvania, and territories thereunto belonging, for firms this myself, my heirs and assigns, have solemnly de- charter. clared, 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 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 feal, 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 terrifame, that is to say, That, notwithstanding any tories may
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 together in legislation, and that the same shall be fignified to me, or my Deputy, in open Afsembly, or otherwise from under the hands and feals of the Representatives, for the time being, of the province and territories, or the major part of either
rated as when con
1701. of them, at any time, within three years from the
date hereof, that, in fuch 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 proprivileges
, vince and territories, in respect of legislation, I when sepa- 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 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 twenty. eighth day of October, one thousand seven hundred and one, 1701.
“ Signed on behalf, and by order,
of the Asembly, per
Joseph GROWDON, Speaker. $6 Edward Shippen, “ Phineas Pemberton, Proprietary “ Samuel Carpenter,
and 66 Griffith Owen,
Governor's “ Caleb Pufey,
Council.” 46 Thomas Story,
The Proprietary likewise, by letters patent, un- 1701. der the great seal, bearing even date with this charter, established a Council of state for the province The Prom and territories, “ To consult, and assist 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 instrument was as follows, vis. & 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, John Guest, Samuel Care penter, William Clark, Thomas Story, Griffith Owen, Phineas Pemberton, Samuel Finney, Caleb Pufey and John Blunsion, 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 being, 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 faid Edward Shippen, &c. or any five of them, to exercise 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 said people, during such absence; they, and each of them, the faid Edward Shippen, &c. to continue in place till my further 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, cr 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 see 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."