Part 28 (1/2)

XVI.

T H A T from and after the Death of this present Governor, the provincial Council shall, together with the succeeding Governor, erect from Time to Time, standing Courts of Justice, in such Places and Number, as they shall judge convenient for the good Government of the said Province and Territories thereof; and that the provincial Council shall, on the _thirteenth_ Day of the _second_ Month then next ensuing, elect and present to the Governor or his Deputy, a double Number of Persons, to serve for Judges, Treasurers, and Masters of the Rolls, within the said Province and Territories, to continue so long as they shall well behave themselves in those Capacities respectively; and the Freemen of the said Province, in an a.s.sembly met on the _thirteenth_ Day of the _third_ Month, yearly, shall elect and then present to the Governor or his Deputy, a double Number of Persons to serve for Sheriffs, Justices of the Peace and Coroners, for the Year next ensuing; out of which respective Elections and Presentments, the Governor or his Deputy, shall nominate and commissionate the proper Number for each Office, the _third_ Day after the said respective Presentments; or else the _first_ named in such Presentment for each Office as aforesaid, shall stand and serve in that Office, the Time before respectively limited; and in Case of Death or Default, such Vacancy shall be supplied by the Governor and provincial Council in Manner aforesaid.

XVII.

T H A T the a.s.sembly shall continue so long as may be needful, to impeach Criminals fit to be there impeached, to pa.s.s such Bills into Laws as are proposed to them, which they shall think fit to pa.s.s into Laws; and till such Time as the Governor and provincial Council shall declare, _That they have nothing further to propose unto them for their a.s.sent and Approbation_; and that Declaration shall be a Dismiss to the a.s.sembly for that Time; which a.s.sembly shall be notwithstanding, capable of a.s.sembling together, upon the Summons of the Governor and provincial Council, at any Time during that Year, if the Governor and provincial Council shall see Occasion for their so a.s.sembling.

XVIII.

T H A T all the Elections of Members or Representatives of the People to serve in provincial Council and a.s.sembly, and all Questions to be determined by both or either of them, that relate to Choice of Officers, and all or any other personal Matters, shall be resolved or determined by the _Ballot_; and all Things relating to the preparing and pa.s.sing of Bills into Laws, shall be openly declared and resolved by the _Vote_.

XIX.

T H A T at all Times when the Proprietary and Governor shall happen to be an Infant, and under the Age of _one and twenty_ Years, and no Guardians or Commissioners are appointed in Writing, by the Father of the said Infant, or that such Guardian shall be deceased, that during such Minority, the provincial Council shall, from Time to Time, as they shall see meet, const.i.tute and appoint Guardians and Commissioners not exceeding _three_, one of which shall preside as Deputy and chief Guardian during such Minority, and shall have and execute, with the Consent of one of the other two, all the Power of a Governor in all publick Affairs and Concerns of the said Province and Territories thereof, according to Charter; which said Guardian so appointed, shall also have the Care and Oversight of the Estate of the said Minor, and be yearly accountable and responsible for the same to the provincial Council, and the provincial Council to the Minor, when of Age, or to the next Heir, in case of the Minor's Death, for the Trust before expressed.

XX.

T H A T as often as any Days of the Month mentioned in any Article of this Charter, shall fall upon the _first_ Day of the Week, commonly called the _Lord's-day_, the Business appointed for that Day, shall be deferred until the next Day, unless in Cases of Emergency.

XXI.

A N D for the Satisfaction and Encouragement of all Aliens, I do give and grant, that if any Alien, who is or shall be a Purchaser, or who doth or shall inhabit in this Province or Territories thereof, shall decease at any Time before he can well be naturalized, his Right and Interest therein, shall notwithstanding descend to his Wife and Children, or other his Relations, be he Testate or Intestate, according to the Laws of this Province and Territories thereof in such Cases provided, in as free and ample Manner, to all Intents and Purposes, as if the said Alien had been naturalized.

XXII.

A N D that the Inhabitants of this Province and Territories thereof, may be accommodated with such Food and Sustenance, as G.o.d in his Providence hath freely afforded, I do also further grant to the Inhabitants of this Province and Territories thereof, Liberty to fowl and hunt upon the Lands they hold, and all other Lands therein not enclosed; and to fish in all Waters in the said Lands, and in all Rivers and Rivulets in and belonging to this Province and Territories thereof, with Liberty to draw his or their Fish on Sh.o.r.e on any Man's Lands, so as it be not to the Detriment or Annoyance of the Owner thereof, except such Lands as do lie upon Inland Rivulets that are not Boatable, or which are or may be hereafter erected into Manors.

XXIII.

A N D that all the Inhabitants of this Province and Territories thereof, whether Purchasers or others, may have the last worldly Pledge of my good and kind Intentions to them and theirs, I do give, grant, and confirm to all, and every one of them, full and quiet Possession of their respective Lands, to which they have any lawful or equitable Claim, saving only such Rents and Services for the same as are or customarily ought to be reserved to me, my Heirs or a.s.signs.

XXIV.

T H A T no Act, Law or Ordinance whatsoever, shall at any Time hereafter be made or done by the Proprietary and Governor of this Province and Territories thereunto belonging, his Heirs or a.s.signs, or by the Freemen in provincial Council or a.s.sembly, to alter, change, or diminish, the Form or Effect of this Charter, or any Part or Clause thereof, contrary to the true Intent and Meaning thereof, without the Consent of the Proprietary and Governor, his Heirs or a.s.signs, and _six_ Parts of _seven_ of the said Freemen in provincial Council and a.s.sembly met.

XXV.

A N D L A S T L Y, I the said _William Penn_, Proprietary and Governor of the Province of _Pensylvania_ and Territories thereunto belonging, for me, my Heirs and a.s.signs, have solemnly declared, granted and confirmed, and do hereby solemnly declare, grant and confirm, that neither I, nor my Heirs nor a.s.signs, shall procure or do any Thing or Things, whereby the Liberties in this Charter contained and expressed, shall be infringed or broken: And if any Thing be procured by any Person or Persons, contrary to these Premises, it shall be held of no Force or Effect. I N W I T N E S S whereof, I the said _William Penn_, at _Philadelphia_ in _Pensylvania_, have unto this present Charter of Liberties set my Hand and broad Seal, this _second_ Day of the _second_ Month, in the Year of our Lord _one Thousand six Hundred Eighty and Three_, being the _five and thirtieth_ Year of the King, and the _third_ Year of my Government.

_W I L L I A M P E N N_.

_T H I S within_ C H A R T E R, _which we have distinctly heard read and thankfully received_, _shall be by us inviolably kept_; _at_ Philadelphia, _the_ second Day _of the_ second _Month_, one Thousand six Hundred Eighty and Three.

The Members of the provincial Council present.