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Chapter XXXII
The City Of Chester. | |||
the line of the present Second Street, from Chester Creek to the plantation he had purchased from Neeles Laerson's heirs in 1689. The plot of the town approved by Penn, Nov. 19, 1700, as shown by many ancient deeds, is almost exactly the plan of the old parts of this city as now laid out on the official map. In November, 1699, William Penn came a second time to his colony, and during that visit to the province he chartered the borough of Chester. The document is of interest, and we therefore give it entire, since many have no knowledge whatever of this old charter:
"Preamble: William Penn, true and absolute Proprietary and Governor-in-Chief of the Province of Pennsylvania and Territories thereunto belonging: To all to whom these shall come, Sends Greeting. Whereas in my first Regulation and Division of the Counties of this Province I thought fit to order. That the Townsted or Village then having the Name of Upland should be called Chester, which I thereupon constituted the Shire-town of the County of Chester and ordered and appointed all my courts of judicature, for the Affairs of that county to be there held and kept and the County goal or Prison to be and remain there for ever. AND whereas about the same Time, or soon after, for the Encouragement of the said Town, I was pleased to grant unto my ancient Friend John Simcock in Behalf of himself and others the Inhabitants of the said Place the Privilege of a Market to be there weekly held and kept. After which the said Inhabitants of the said Place, the Privilege of a Market to be thus weekly held and kept. After which the said Inhabitants, upon their special Instance, did also obtain from my late Lieutenant Governor and Council a Grant for two Fairs to be held in the said Town yearly. All which the inhabitants of the said Town, and of the adjacent Parts of the said County of Chester, having humbly besought me to confirm unto them, together with such additional Privileges an Francises as I might think fit or requisite for the better Encouragement of the Settlers, and Regulation of Trade therein.
"Now Know Ye, That I, favouring the just and reasonable Request of said Inhabitants, have of my own free Will erected, and do, by these Presents for me, my Heirs, and successors, erect the said Town into a Borough; which Town and Borough shall extend from the River Delaware two miles backwards into the Woods, and shall be bounded Eastward with the west side of Ridley Creek, and westward with the East side of Chester Creek to the said extent of two miles backwards from the River and shall ever hereafter be called Chester. And I further will that the Streets, Landings and Market-place in the said Town shall for ever hereafter be, continue and remain, as they are already and have lately been laid out and modelled and approved of by me and my council, then setting at New Castle. And I do hereby name and constitute Jasper Yeates, Ralph Fishbourn, Paul Saunders and Robert Barber, to be present Burgesses and James Lounes, High-Constables of the said Borough, who shall so continue until the tenth Day of the first Month next. On that Day, as also as the same day in the same month yearly afterwards for ever, it shall and may be lawful to and for the Freeholders and Housekeepers of the said Town and Borough publickly to meet in some convenient Place within the said Town, to be by them appointed for that Purpose, and then and there nominate, elect and chose by the Ballot of the inhabitants of the said Town, fit and able men to be Burgesses and High constables, with such other Officers as by the Burgesses and Freemen shall be judged needful for assisting and serving the Burgesses in managing the affairs of the said Borough, and Keeping of the Peace therein from time to time, And the Burgess first chosen in the said Election shall be called the Chief Burgess of the said Town.
"And I will and ordain. That all the said Burgesses for the Time being shall be, and are hereby impowered and authorized to be Conservators of the Peace within the said Borough; and shall have Power by themselves and upon their own view, without any Law proceedings, to remove all Nuisances and Incroachments out of the said Streets as they shall see Occasion: With Power also to arrest, imprison, and punish 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 fully and effectually as any of the Justices of the Peace in the said County can do, and return or bring the Recognizances by them to be taken to the Court of Qwarter-Sessions for the said County. And that the said Chief Burgess from time to time shall, by Virtue of these Presents, without any further or other commission, be one of the Justices of the Peace, and one of the Justices of the County-Court and Qwarter Sessions, Oyer and Terminer and Goal-delivery, in and for the said County of Chester. And shall have full Power and Authority with the rest of the said County Justices, or a Qworum of them or by himself, where the laws of this Province, &c., direct one Justice to award Process and hold Pleas cognizable, by and before the Justices of the said County of Chester from time to time.
"And I do hereby grant and appoint. That the Sheriff and Clerk of the Courts of the said County of Chester for the Time being, if not Residents in the said Borough shall appoint and constitute sufficient Deputies, who shall from time to time reside or constantly attend in the said Town of Chester, to perform the Duties of their respective offices. But before any of the said Burgesses, Constables, or other Officer, shall take upon them the execution of their respective Offices they shall subscribe the Declaration and Profession of their Christian Belief, according to the late Act of Parliament, made in the first Year of the Reign of King William, and the late Queen Mary, intitled 'An act for exempting their Majesties' Protestant Subjects, dissenting from the Church of England, from the Penalties of Certain Laws.' And they that are to be newly elected for Burgesses, Constables and other Officers from time to time shall be attested for the due Execution of their respective Offices and shall subscribe the said Declarations and Profession of Belief before the old Burgesses, or such of them as go off and are not again chosen in the New Elections; But in case the old Burgesses are all chosen by the new Elections, then they shall have Power, and are hereby impowered and qualified to act upon their former Attests and Qualifications. And I do further grant and ordain, that the High-Constables of the said Borough for the Time being shall be Clerk of the Market, who shall and may have Assize of Bread, Wine, Beer, Wood and other Things; and to do, execute and perform, all Things belonging to the Office of Clerk of the Market within the said Town and Borough of Chester.
"And I do for me, my Heirs and Assigns, grant unto the said Burgesses and their Successors, That if any of the Inhabitants of the said Town and Borough shall be hereafter elected to the Office of Burgess or Constable as aforesaid, and, having notice of his or their Election, shall refuse to undertake and execute their Office to which he is chosen, it shall be lawful for the Burgess or Burgesses then acting to impose moderate Fines upon the Refusers, so as the Burgess's Fine exceed not Ten Pound, and the Constable's Five Pounds; to be levied by Distress and Sale, by Warrant under the Hand & Seal of one or more of the Burgesses, or by other lawful Ways, to the Use of the said Town being to summon and assemble Town-meetings, from time to time, as often as they shall find Occasion : At which Meetings they may make such Ordinances and Rules (not repugnant to or inconsistent with the Laws of this Province) as to the greater Part of the Town-meeting shall seem necessary and convenient for the good Government of the said Town. And the same Rules and ordinances to put in Execution, and the same to revoke, alter and make anew, as Occasion shall require. And also impose such Mulcts and Amerciaments upon Breakers of the said Ordinances as to the Makers thereof shall be thought reasonable; to be levied as is directed in Case of Fines, to the Use of the Town, without rendering any Account thereof to me, my Heirs or Assigns : With Power also to the said Meetings to mitigate or release the said Fines and Mulcts, upon the submission of the Parties.
"And I do further grant to the said Burgesses and Inhabitants of the aforesaid Town and Borough of Chester, That they and their successors shall and may, for ever hereafter, hold and keep within the said Town in every Week of the Year one market on the fifth Day of the Week called Thursday : And also two Fairs there in every Year, the first of them to begin the fifth Day of the third Month, called May, and to continue that Day and two Days after; and the other of the said Fairs to begin the fifth Day of October and to continue till the seventh Day of the same Month in such Place and Places in the said Town as the Burgesses from time to time shall order and appoint.
"And I do further grant, That neither I, nor my Heirs or Assigns, shall or will seize any of the Liberties or Franchizes hereby granted, nor take any Advantage against the said Borough for the non-using or waving the present Execution of any of the Powers or Privileges hereby granted.
"In Witness whereof I have hereunto set my Hand and caused my Great Seal to be affixed. Dated the One-and-thirtieth Day of October, in the Year of our Lord One Thousand Seven Hundred and One, 1701. | 1 Hazard's Register, vol. iii. p. 264. | ||