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A53029 The charter of the city of New-York; Charter (1686) New York (N.Y.).; Limerick, Thomas Dongan, Earl of, 1634-1715. 1694 (1694) Wing N828; ESTC W18936 13,186 11

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Ordained Constituted and by these presents do assign name ordain and constitute Nicholas Bayard now Mayor of the said City of New-York to be present Mayor of the said City and that the said Nicholas Bayard shall Remain and continue in the Office of Mayor there until another sit Person shall be appointed and sworn in the said Office according to the usage and Custom of the said City as in and by these presents is hereafter mentioned and directed And I have assigned named ordained and Constituted 〈◊〉 by these presents do assign name ordain and Constitute Create and Declare James Graham Esq to be the present Recorder of the said City To do and execute all things which unto the Office of Recorder of the said City doth or may in any wise appertain or belong And I have assigned named ordained and constituted and by these presents do assign name ordain constitute create and declare John West Esq Town Clerk of the said City To do and execute all things which unto the Office of Town-Clerk may any wise appertain or belong And I have named assigned constituted and made and by these presents do Assign Name constitute make Andrew Bown John Robinson William Beakman John Delavall Abraham Depyster and Johannes Kipp Citizens and Inhabitants of the said City of New-York to be the present Aldermen of the said City And also I have made assigned named and constituted and by these Presents do assign name constitute and make Nicholas Demeyer Johannes van Brugh John de Brown Thenniss de Key Abraham Corbit and Wolfert Wobber Citizen and Inhabitants of the said City to be the present Assistants of the said City And also I have assigned chosen Named and Constituted and by these presents do Assign Choose Name and Constitute Peter Delanoy Citizen and Inhabitant of the said City to be the present Chamberlain or Treasurer of the City aforesaid And I have Assigned Named Constituted and Appointed and by these presents do assign name constitute and appoint John Knight Esq another of the said Citizens there to be present Sheriff of the said City And have assigned named and appointed and by these presents do assign Name Constitute and appoint Jarvis Marshall another of the said Citizens there to be present Marshall of the said City And I do by these presents Grant to the said Aldermen and Commonalty of the said City of New-York and their Successors That the Mayor Recorder Aldermen and Assistants of the said City for the time being or the Mayor Recorder or any three or more of the Aldermen and any three or more of the Assistants for the time being Be and shall be called The Common Council of the said City And that they or the greater part of them shall and may have full power and authority by Virtue of these presents from time to time To call and hold Common Council within the Common Council house or City Hall of the said City and there as occasion shall be to make Laws Orders Ordinances and Constitutions in writing and to add alter diminish or reform them from time to time as to them shall seem necessary and Convenient not repugnant to the Prerogative of his most Sacred Majesty aforesaid his Heirs and Successors or to any of the Laws of the Kingdom of England or other the Laws of the General Assembly of the Province of New-York For the good Rule Over-sight Correction and Goverment of the said City and Liberties of the same and of all the Officers thereof And for the several Trades-men Victuallers Artificers and of all other the People and Inhabitants of the said City Liberties and Precincts aforesaid And for the better preservation of Government and disposal of all the Lands Tenements and Hereditaments Goods and Chattels of the said Corporation which Laws Orders Ordinances Constitutions shall be binding to all the Inhabitants of the said City Libertyes and Precincts aforesaid And which Laws Orders Ordinances and Constitutions so by them made as aforesaid shall be and remain in force for the space of three Moneths and no longer unless they shall be allowed of and confirmed by the Governor and Council for the time being And I do further on the behalf of his Sacred Majesty aforesaid his Heirs and Successors appoint and grant that the said Common Council of the said City for the time being as often as they make ordain establish such Laws Orders Ordinances and Constitutions as aforesaid shall or may make ordain limit provide set impose and tax reasonable Fines Amerciaments against and upon all persons offending against such Laws Orders Ordinances and Constitutions as aforesaid or any of them to be made ordained and established as aforesaid the same Fines and Amercements shall and may require demand levy take and receive by Warrant under the Common Seal To and for the use and behoof of the Mayor Aldermen and Commonalty of the said City and their Successors either by distress and sale of the Goods and Chattels of the Offendors therein if such Goods and Chattles may be found within the said City Libertyes and Precincts thereof Rendering to such offender and offenders the overplus or by any other lawfull ways or means whatsoever And I do by these presents Appoint and Ordain the assigning naming and appointment of the Mayor and Sheriff of the said City that it shall be as followeth viz. upon the Feast day of St. Michael the Arch-angel yearly The Lieutenant Governour or Commander in Chief for the time being by and with the advice of the Council shall nominate and appoint such Person as he shall think fit to be Mayor of the said City for the year next ensuing AND one other Person of sufficient Ability and Estate and of Good Capacity in understanding to be Sheriff of the said City of New-York for the year next ensuing AND that such persons as shall be named assigned and appointed Mayor And such Person as shall be named assigned and appointed Sheriff of the said city as aforesaid shall on the fourteenth day of October then next following take their several and respective Corporal Oathes Before the Governour and Council for the time being for the due Execution of their respective Offices as aforesaid And that the said Mayor and Sheriff so to be nominated assigned and apointed as aforesaid shall remain and continue in their said respective Offices until another fit Person shall be nominated appointed and sworn in the place of Mayor and another person shall be nominated and appointed in the place of Sheriff of the said City in manner aforesaid And further that according to the now usage and Custom of the said City the Recorder Town Clerk Clerk of the Market of the said City shall be persons of good Capacity and Understanding and such persons as his most Sacred Majesty aforesaid his heirs and successors shall in the said respective Offices of Recorder Town-Clerk and Clark of the Market appoint and commissionate for defect of such
said City and their Successors shall have and enjoy all the Priviledges Franchises and Powers that they have and use a●t●●r●ohany of their Predecessors at any time within the space of twenty years last past had took and enjoyed or ought to have had by reason or under any pretence of any former Charter Grant Prescription or any other Right Custom or Usage although the same have been forfeited lost or have been ill used or not used or abused or discontinued albeit they be not particularly mentioned And that no Officer shall disturb them therein under any pretence whatsoever not only for their future but their present enjoyment thereof Provided always That the said Priviledges Franchises and Powers be not inconsistent with or repugnant to the Laws of his Majesties Kingdom of England or other the Laws of the General Assembly of this Province as afore-said And saving to his most sacred Majesty aforesaid his Heirs Successors and Assigns and the Lieutenants Governours and Commanders in chief and other Officers under him and them in Fort James in or by the City of New-York and in all the Liberties Boundaries Extents and Priviledges thereof for the maintenance of the said Fort and Garrison there all the Rights Use Title and Authority which they or any of them have had used or exercised there and also one Messuage or Tenement next the City Hall and one Messuage by the Fort now in the Possession of Thomas Coker Gent. the piece of ground by the Gate called The Governors Garden and the Land without the Gate called the Kings Farm with the Swamp next to the same Land by the fresh Water And saving the several Rents and Quit-Rents reserved and due and payable from sevêral Persons inhabiting within the said City and Island Manhattans by virtue of former Grants to them made and given And saving to all other Persons Bodies Politick and Corporate their Heirs Successors and Assigns all such Right Title and Claim Possessions Rents Services common Emoluments and Interest in and to any thing which is theirs save only the Franchises aforesaid in as ample manner as if this Charter had not been made And further I do appoint and declare That the Incorporation to be founded by this Charter shall not at any time hereafter do or suffer to be done any thing by means whereof the Lands Tenements or Hereditaments Stock Goods or Chattles thereof or in the hands custody or possession of any the Citizens of the said City such as have been set let given granted or collected to and for Pious and Charitable Uses shall be wasted or mis-imployed contrary to the Trust or Intent of the Founder or Giver thereof and that such and no other Construction shall be made thereof than that which may tend most to advantage Religion Justice and the publick Good and to suppress all Acts and Contrivances to be invented or put in use contrary thereunto IN WITNESS whereof I have caused these Presents to be entered in the Secretary's Office and the Seal of the said Province to be hereto affixed this 27th day of April in the second Year of the Reign of his most sacred Majesty aforesaid and in the year of our Lord God 1686. Thomas Dongan May it please your Honour THe Attorney General hath perused this Patent and finds nothing contained therein prejudicial to his Majesties Interest Examined April 27. 1686. Ja. Graham Recorded in the Secretary's Office for the Province of New-York in Lib. No. 1. Book of Patents begun 1684. from page 278. to 309. J. Spragge Secry
or Deputy Mayor and Aldermen of the said City of New-York by Deed Grant Conveyance or otherwise howsoever To hold to their Several and Respective Heirs and Assigns forever And I do by these Presents Give and Grant unto the said Mayor Aldermen and Commonalty of the said City of New-York All the Waste Vacent Unpatented Unappropriated Lands lying and being within the said City of New-York and on Manhattens Island as aforesaid extending and reaching to the Low-Water-Mark in by and through all Parts of the said City of New-York and Manhattans Island as aforesaid To gether with all Rivers Rivolets Coves Creeks Ponds Water Water-courses in the said City and Island or either of them not heretofore given or granted by any of the former Governors Lieutenants or Commanders in chief under some of their hands and Seals or Seal of the Province or by any of the former Mayors or Deputy Mayors and Aldermen of the said City of New-York to some respective Person or Persons late Inhabitants of the said City of New-York or Manhattans Island or other parts of the said Province And I do by these presents Give Grant and Confirm unto the said Mayor Aldermen and Commonalty of the said City of New-York and their Successors forever the Royalties of Fishing Fowling Hunting Hawking Mineral and other Royalties and Privileges belonging or Appertaining to the City of New-York and Manhattans Island aforesaid Gold and Silver Mines only excepted To Have Hold and Enjoy all and singular the Premises to the said Mayor Alder-men and Commonalty of the said City of New-York and their Successors forever Rendering and paying therefor unto his Most Sacred Majesty his Heirs Successors or Assigns or to such Officer or Officers as shall be appointed to receive the same yearly forever hereafter the annual Quit-Rent or Acknowledgement of one Beaver Skin or the value thereof in Currant Money of this Province in the said City of New-York on the 25th day of March yearly forever And moreover I will and by these presents do grant appoint and declare that the said City of New-York and the Compass Precincts and Limits thereof and the Jurisdiction of the same shall from henceforth extend to reach it self and may shall be able to reach forth and extend it self as well in length and in breadth as in Circuit to the furthest extent of and in and throughout all the said Island Manhattans and in and upon all the Rivers Rivolets Coves Creeks Water and Water Courses belonging to the said Island as far as low water mark And I Do also for and on the behalf of His most sacred Majesty aforesaid his Heirs and Successors firmly enjoyn and Command That the afore-said Mayor Aldermen and Commonalty of the City aforesaid and their successors shall and may freely and quietly Have Hold Use and enjoy the aforesaid Liberties Authorities Jurisdictions Franchises Rights Royalties Priviledges Exemptions Lands Tenements Hereditaments and Premisses aforesaid in manner and form aforesaid according to the tenor and effect of thè aforesaid Grants Patents Customs and Letters Patents of Grants and Confirmation without the Let Hinderance or Impediment of me or any of my Successors Governours Lieutenants or other Officers whatsoever And also I do for and on the behalf of his Most Sacred Majesty aforesaid his Heirs and Successors Grant to the Mayor Aldermen and Commonalty of the said City of New-York and their Successors by these presents That for the better Government of the said City liberties and precincts thereof There shall be forever hereafter within the said City A Mayor and Recorder Town Clerk and six Aldermen and six Assistants To be appointed nominated elected chosen and Sworn as herein after is particularly and respectively mentioned who shall be forever hereafter called The Mayor Aldermen and Commonalty of the City of New-York And that there shall be forever one Chamberlain or Treasurer one Sheriff one Coroner one Clerk of the Market one High Constable Seven Sub Constables and one Marshal or Serjant at Mace To be appointed chosen and Sworn in manner hereafter mentioned And I do by these presents for and on the behalf of his Most Sacred Majesty aforesaid his Heirs Successors and Assigns Declare Constitute Grant and Appoint That the Mayor Recorder Aldermen and Assistants of the said City of New York for the time being and they which hereafter shall be the Mayor Recorder and Aldermen and Assistants of the said City of New-York for the time being and their Successors forever hereafter be and shall be by force of these presents one Body Corporate and Politick in deed fact and name by the name of the Mayor Aldermen Commonalty of the City of New-york and them by the name of the Mayor Aldermen and Commonalty of the City of New-York one Body Corporate Politick in deed fact name I do really fully create ordain make Constitute and Confirm by these presents And that by the Name of the Mayor Aldermen and Commonalty of the said City of New-York they may have perpetual succession and that they and their Successors forever by the Name of Mayor Aldermen and Commonalty of the City of ●ew-York be and shall be forever hereafter Persons able and in Law capable to have get receive and possess Lands Tenements Rents Liberties Jurisdictions Franchises and Hereditaments to them and their Successors in see simple or for term of Life Lives or years or otherwise and also Goods and Chattels and also other things of what nature kind or quality soever and also to give grant let set and assign the same Lands Tenements Hereditamants Goods and Chattles and to do and execute all other things about the same by the name aforesaid And also that they be and forever shall be hereafter Persons able in Law capable to plead and be impleaded answer be answered unto defend be defended in all or any the Courts of his said Majesty and other places whatsoever and before any Judges Justices and other person or persons whatsoever in all all manner of actions suits complaints demands pleas causes matters whatsoever of what nature kind or quality soever in the same and in the like manner and form as other People of the said Province being Persons able and in Law capable may plead and be impleaded answer and be answered unto defend and be defended by any lawfull wayes and means whatsoever And that the said Mayor Aldermen and Commonalty of the said City of New-York and their Successors shall and may forever hereafter have one common Seal to serve for sealing of all and singular their affairs and businesses touching and concerning the said Corporation And I shall and may be lawfull to and for the said Mayor Aldermen and Commonalty of the said City of New-York and their Successors as they shall see cause to break change alter and New make their said Common Seal when and as often as to them it shall seem convenient And further know ye That I have Assigned Named
granted shall agree for not exceeding the sum of thirty shillings for each Lisence All which Money as by the said Mayor shall be so received shall be used and applyed to the publick use of the said Mayor Aldermen and Commonalty of the said City of New-York and their Successors without any account thereof to be rendered made or done to any of the Lieutenants or Governours of this Province for the time being or any of their Deputies AND Know ye that for the better Government of the said City and for the wellfair of the said Citizens Trades-men and Inhabitants thereof I do by these Presents for and in the behalf of his Most Sacred Majesty his Heirs and Successors Give and Grant to the said Mayor Aldermen and Commonalty of the said City and their Successors That the Mayor Recorder and Aldermen or the Mayor and any three or more of the Aldermen for the time being shall from time to time and at all times hereafter have full Power and Authority under the common Seal make free Citizens of the said City and Libertyes thereof and no Person or Persons whatsoever other then such free Citizens shall hereafter use any Art Trade Mystery or manual Occupation within the said City Libertyes and Precincts thereof saving in the time of Fairs only And in case any Person or Persons whatsoever not being free Citizens of the said City as aforesaid shall at any time hereafter use or Excercise any Art Trade Mystery or manual occupation or shall by himself themselves or others sell or expose to sale any manner of Merchandize or Wares whatsoever by Retail in any House Shop Place or Places or Standing within the said City or the Liberties or Precincts thereof no Fair being then kept in the said City and shall persist therein after warning to him or them given or left by the appointment of the Mayor of the said City for the time being at the place or places where such Person or Persons shall so use or exercise any Art Trade or Mystery or manual Occupation or shall sell or expose to sale any Wares or Merchandize as aforesaid by Retail then it shall be lawful for the said Mayor of the said City for the time being to cause such Shop Windows to be shut up and also to impose such reasonable Fine for such Offence not exceeding five Pounds for every respective Offence and the same Fine and Fines so imposed to levy and take by Warrant under the common Seal of the said City for the time being by distress and sale of the Goods and Chattels of the person or persons so offending in the premises found within the Liberties or Precincts of the said City rendring to the Party or Parties the over-plus or by any other lawful ways or means whatsoever to the only use of the said Mayor Alder-men and Commonalty of the said City of New-York and their Successors without any Account to be rendred made or done to the Lieutenants Governours or Commanders in chief of this Province for the same Provided That no Person or Persons shall be made free as aforesaid but such as are his Majesties natural born Subjects or such as shall first be naturalized by Acts of General Assembly or shall have obtained Letters of Denization under the hand of the Lieutenant Governor or Commander in chief for the time being and Seal of the Province and that all Persons to be made free as aforesaid shall and do pay for the Publick Use of the said Mayor Aldermen and Commonality of the said City such sum and sums of Money as heretofore hath been used and accustomed to be paid and received on their being admitted Free-men as aforesaid provided it is not exceeding the sum of five Pounds And further I do by these Presents for and on the behalf of his most sacred Majesty aforesaid his Heirs and Successors Grant to the Mayor Aldermen and Commonality of the said City That they and their Successors be forever Persons able and capable and shall have power to purchase have take and possess in fee simple Lands Tenements Rents and other Possessions within or without the same City to them and their Successors forever so as the same exceed not the yearly value of One Thousand Pound per annum the Statute of Mortmain or any other Law to the contrary notwithstanding and the same Lands Tenements Hereditaments and Premises or any part thereof to demise grant lease set over assign and dispose at their own will and pleasure and to make seal and accomplish any Deed or Deeds Lease or Leases Evidences or Writings for or concerning the same or any part thereof which shall happen to be made and granted by the said Mayor Aldermen and Commonalty of the said City for the time being And further I do by these presents for and on the behalf of his most sacred Majesty aforesaid his Heirs and Successors grant to the said Mayor Aldermen and Commonalty of the said City That they and their Successors shall and may forever hereafter hold and keep within the said City in every Weck of the Year three Market days the one upon Tuesday the other upon Thursday and the other upon Saturday weekly forever And also I do by these Presents for and on the behalf of his most sacred Majesty aforesaid his Heirs and Successors grant to the Mayor Alder-men and Commonalty of the said City That they and their Successors and Assigns shall and may at any time or times hereafter when it to them shall seem fit and convenient take in fill and make up and lay out all and singular the Lands and Ground in and about the said City and Island Manhattaus and the same to build upon or make use of in any other manner or way as to them shall seem fit as far into the Rivers thereof and that encompass the same as Low-water-mark aforesaid And I do by these Presents for and on the behalf of his most Sacred Majesty aforesaid his Heirs and Successors give and grant unto the aforesaid Mayor Alder-men and Commonalty of the said City of New-York and their Successors That they and their Successors shall and may have hold and keep within the said City and Liberties and Precincts thereof in every Week in every Year forever upon Tuesday one Court of Common Pleas for all Actions of Debt Trespass and Trespasses upon the Case Detinue Ejectment and other Personal Actions and the same to be held before the Mayor Recordêr and Aldermen or any three of them whereof the Mayor or Recorder to be one who shall have Power to hear and determine the same Pleas and Actions according to the Rules of the common Law and Acts of General Assembly of the said Province And I do by these Presents for and on behalf of his most sacred Majesty aforesaid his Heirs and Successors grant to the said Mayor Alder-men and Commonalty of the said City of New-York and their Successors That the said Mayor Aldermen and Commonalty of the