1701. of Sheriffs for fheriffs and coroners, to ferve for three years if they fo long behave themselves well, out of which elections and prefentments the Governor fhall no- Elections, minate and commiffionate one for each of the faid and Corooffices, the third after fuch prefentment, or else ners. the first named in fuch prefentment, for each office, as aforefaid, fhall ftand and ferve in that office, for the time before refpectively limited: In cafe of death and default, fuch vacancies fhall be fupplied by the Governor, to ferve to the end of the faid term. "Provided always, That, if the faid freemen fhall, at any time neglect, or decline to chufe a perfon, or perfons, for either, or both the afore, faid offices, then, and in fuch cafe, the persons, that are, or shall be, in the respective offices of Sheriffs, or Coroners, at the time of election, fhall remain therein, until they fhall be removed by another election, as aforefaid. "And, that the Juftices of the refpective counties fhall, or may, nominate, or prefent, to the Governor, three perfons, to ferve for Clerk of the Peace for the faid county, when there is a va cancy; one of which the Governor fhall commiffionate within ten days after fuch prefentment, or elfe the first nominated fhall ferve in the faid office, during good behaviour. Of the clerk of the peace. IV. "That the laws of this government fhall Stile of the be in this ftile, viz. By the Governor, with the con- laws. fent and approbation of the Freemen in General Affembly met, and fhall be, after confirmation by the Governor, forthwith recorded in the Rolls-office, and kept at Philadelphia; unless the Governor and Affembly fhall agree to appoint another place. V. That all criminals fhall have the fame pri- Privilege vileges of witneffes and council, as their profe- of crimi cutors. VI. "That no perfon, or perfons, fhall, ör may, at any time hereafter, be obliged to answer nals. 1701. any complaint, matter, or thing, whatfoever, relating to property, before the Governor and CounDifputes of cil, or in any other place, but in the ordinary not to come Courts of justice, unless appeals thereunto fhall be before the hereafter, by law appointed. property Governor and Coun VII. "That no perfon within this government cil. shall be licensed by the Governer, to keep ordinary, Tavern- tavern, or house of public entertainment, but such, keepers,&c. to be re- who are first recommended to him, under the hands commend of the juftices of the refpective counties, figned licensed. in open court; which juftices are, and fhall be, ed before hereby empowered to fupprefs and forbid any perfon keeping fuch public houfe, as aforefaid, upon their misbehaviour, on fuch penalties, as the law doth, or fhall, direct; and to recommend others, from time to time, as they fhall fee occafion. Estates of VIII. "If any perfon, through temptation, or perfons kil- melancholy, fhall deftroy himfelf, his eftate, real ling themfelves, &c. and perfonal, fhall, notwithstanding, defcend to his wife and children, or relations, as if he had "And no act, law or ordinance whatsoever ever. thereof, 1 thereof, fhall be kept, and remain, without any 1701. alteration, inviolably for ever. lemnly con "And, laftly, I, the faid William Penn, Pro- The Proprietary and Governor of the province of Penn- prietary fofylvania, and territories thereunto belonging, for firms this myfelf, my heirs and affigns, have folemnly de- charter. clared, granted and confirmed, and do hereby folemnly declare, grant and confirm, that neither I, my heirs or affigns, fhall procure, or do, any thing, or things, whereby the liberties, in this charter contained and expreffed, nor any part thereof, fhall be infringed, or broken: And if any thing shall be procured, or done, by any perfon, or perfons, contrary to these presents, it shall be held of no force, or effect. « In witness whereof, I, the faid William Penn, Date. of Philadelphia, in Pennfylvania, have unto this charter of liberties fet 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 govern ment." province separate in "And, notwithstanding the closure and test of Provifo, this present charter, as aforefaid, I think fit to add that the this following provifo thereunto, as part of the and terrifame, that is to fay, That, notwithstanding any tories may claufe, or clauses, in the above mentioned charter, legislation, obliging the province and territories to join toge- &c. ther in legiflation, I am content, and do hereby declare, that if the Reprefentatives of the province and territories fhall not hereafter agree to join together in legislation, and that the fame fhall be fignified to me, or my Deputy, in open Affembly, or otherwife from under the hands and feals of the Reprefentatives, for the time being, of the province and territories, or the major part of either of 1701. of them, at any time, within three years from the date hereof, that, in fuch cafe, the inhabitants of each of the three counties of this province fhall not have less than eight perfons to represent them in Affembly, for the province; and the inhabitants. of the town of Philadelphia (when the faid town is incorporated) two perfons, to represent them in Affembly; and the inhabitants of each county in the territories fhall have as many perfons to represent them, in a distinct Affembly, for the territories, as fhall be by them, requested, as aforefaid. To enjoy the fame rated as when con nected. "Notwithstanding which feparation of the proprivileges, vince and territories, in respect of legislation, I when fepa- do hereby promife, grant and declare, that the inhabitants of both province and territories fhall feparately enjoy all other liberties, privileges and benefits granted jointly to them, in this charter, any law, ufage, or cuftom of this government heretofore made and practifed, or any law made and paffed by the General Affembly to the contrary hereof notwithstanding. "WILLIAM PENN." "This charter of privileges being diftinctly read in Affembly, and the whole, and every part thereof, being approved of, and agreed to, by us, We do thankfully receive the fame from our Proprietary and Governor at Philadelphia, this twentyeighth day of October, one thousand seven hundred and one, 1701. Signed on behalf, and by order, prietor alfo ftate. The Proprietary likewife, by letters patent, un- 1701. der the great feal, bearing even date with this char-n ter, established a Council of State for the province The Proand territories, "To confult, and affift the Proprie- conftitutes tary himself, or his Lieutenants, or Deputies, with a council of the best of their advice and counfel, in public affairs and matters relating to the government, and to the peace, well-being and fafety of the people thereof; and, in the abfence 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 confiderable, and in a flourishing condition, *This inftrument was as follows, vix. "WILLIAM PENN, true and abfolute Proprietor and Governor in chief of the province of Pennsylvania, and territories thereunto belonging, to all, to whom these presents fhall come, fendeth Greeting: "KNOW YE, That I have nominated, appointed and ordained my trufty and well-beloved friends, Edward Shippen, John Gueft, Samuel Carpenter, William Clark, Thomas Story, Griffith Owen, Phineas Pemberton, Samuel Finney, Caleb Pufey and John Blunflon, to be my Council of State, for the government of the faid province of Pennsylvania, and counties annexed; of whom any four fhall be a quorum, to confult and affist with the best of their advice and counfel, me, or my Lieutenant, or Deputy Governor, for the time being, in all public affairs and matters relating to the faid government, and to the peace, fafety and well-being of the people thereof; and in the absence of me, and of my Lieutenant, out of the faid 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 exercife all, and fingular, the powers, jurifdictions and authorities whatsoever to me and my heirs, by virtue of the Royal Charter, or letters patent, of King Charles the fecond, given and granted, that are, or fhall be neceffary for the wellgoverning of the faid 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 fuch abfence; they, and each of them, the faid Edward Shippen, &c. to continue in place till my further order fhall 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 faid Council, to nominate and appoint others to ferve in their place and stead, alfo to add to the number, when, and so often, as my faid Lieutenant fhall fee caufe; and in cafe he fhall not appoint a Prefident, then the first named, or the next to him, fhall, and is hereby impowered to take the chair. "Given under my hand, &c. at Philadelphia, the 28th. of October, |
