America and West Indies: December 1702, 1-5

Pages 1-13

Calendar of State Papers Colonial, America and West Indies: Volume 21, 1702-1703. Originally published by His Majesty's Stationery Office, London, 1913.

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In this section


December 1702, 1-5

[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.
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.
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.
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.
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.
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.
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.
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.]