THE CHARTER OF THE City of New-York Thomas Dongan Lieutenant Governour Vice Admiral of New-York and its Dependencies under his Majesty James the second by the Grace of God of England Scotland France Ireland King Defendor of the Faith supream Lord Proprietor of the Collony Province of new-New-York and its Dependencies in America c. To all to whom this shall come sendeth Greeting WHEREAS the City of New-York is an antient City within the said Province and the Citizens of the said City have antienly been a Body Politick and Corporate And the Citizens of the said City have held used and enjoyed as well within the same as else-where within the said Province divers and sundry Rights Liberties Priviledges Francheses Free Customs Preheminences Advantages Jurisdictions Emoluments and Immunities as well by Prescription as by Charter Letters Patents Grants and Confirmations not only of divers Governors and Commanders in Chief in the said Province but also of several Governours Directors Generals and Commanders in Chief of the Nether-Dutch-Nation whilst the same was or has been under their Power and Subjection And whereas divers Lands Tenements and Hereditaments Jurisdictions Liberties Immunities and Priviledges have heretofore been given and granted or mentioned to be given granted to the Citizens and Inhabitants of the said City sometimes by the name of Schout Burger masters Schepens of the City of New-Amsterdam sometimes by the Name of Mayor Alder-men Commonalty of the City of New-York sometimes by the Name of the Mayor Aldermen Sheriff of the City of New-York sometimes by the Name of the Mayor Aldermen of the City of New-York and by divers other Names as by their several Letters Patents Charters Grants Writings Records and Minuments amongst other things may more fully appear And wheras the Citizens and Inhabitants of the said City have erected built and appropriated at their own proper Costs Charges several publick Buildings Accommodations and Conveniences for the said City That is to say the City-Hall or Stat-house with the Ground thereunto belonging Two Market-houses the Bridge into the Dock the Wharffs or Dock with their appurtenances and Conveniences and the New Burial-place without the Gate of this City and have established and settled one Ferry from the said City of New-York to Long-Island for the accommodation and conveniency of Passengers the said Citizens and Travellers And whereas several the Inhabitants of the said City and of Manhattans Island do Hold from and under his most Sacred Majesty respectively as well by several respective Letters Patents Grants Charters and Conveyances made and granted by the late Leiutenants Governours or Commanders in Chief of the said Province as otherwise several and respective Messuages Lands Tenements and Hereditaments upon Manhattans Island and in the City of New-york aforesaid and that as well the said Mayor and Aldermen and Commonalty of the said City and their Successors as also the Inhabitants of Manhattens Island and City of New-York aforsaid as their Heirs and Assigns respectively may hold exercise and enjoy such and the same Liberties Privileâ—ges and Franchises Rights Royalties free Customs Jurisdictions and Immunities as they have antiently had used held and enjoyed but also such publick Buildings Accommodations Convenienciès Messuages Tenements Lands and Hereditaments in the said City of New-york and upon Manhattans Island aforsaid which as above-said have been by the Citizens and Inhabitants erected and built or which have as aforsaid been held enjoyed granted and conveyed unto them or any of them respectively Know Ye therefore That I the said Thomas Dungon by virtue of the Commission and Authority to me given and Power in me residing at the humble Petition of the now Mayor Aldermen and Commonalty of the said City of New-york and for divers other good Causes and Considerations me thereunto moving have given granted ratified and confirmed and by these Presents for and on the behalf of his most sacred Majesty aforesaid his Heirs Successors and Assigns do give grant ratifie and confirm unto the said Mayor Aldermen and Commonalty of the said City All and every such and the same Liberties Priviledges Franchises Rights Royalties Free Customs Jurisdictions and Immunities which they by the Name of the Mayor Aldermen and Commonalty or otherwise have antiently had held used or enjoyed Provided always That none of the said Liberties Priviledges Franchises Rights Free Customs Jurisdictions or Immunities be inconsistent with or Repugnant to the Laws of his Majesties Kingdom of England or any other the Laws of the General Assembly of this Province And the aforesaid publick buildings accommodations and Conveniences in the said City that is to say the aforesaid City Hall or State-House with the ground thereunto belonging two Market Honses the Bridge into the Dock the Wharffs or Dock the said New Burial-Place and the afore-mentioned Ferry with their every of their Rights Members Appurtenances together with all the profits benefits advantages which shall or may accrew or arise at all Times hereafter for Dockage or Wharfage within the said Dock with all singular the Rents Issues Profits Gains and Advantages which shall or may arise grow or accrue by the said City Hall or state-House and ground there-unto belonging Market Houses Bridge Dock and Burying place Ferry other the above-mentioned premisses or any of them And also all and every the Streets Lanes High-Ways Allyes within the said City of New-York and Manhattans Island aforesaid for the publick use and service of the said Mayor Aldermen Commonalty of the said City the Inhabitants of Manhattans Island aforesaid Travellers there together with full Power Licence and Authority to the said Mayor Aldermen and Commonalty and their Successors forever To establish appoint order and direct the establishing making ordering amending repairing laying out of all Streets Lanes Alleys High-wayes Water-Courses Ferry and Bridges in and throughout the said City of New-York and Manhattans Island aforesaid necessary needful and convenient for the Inhabitants of the said City and Manhattans Island and for all Travellers and Passengers there Provided alwayes that this said Licence so as above granted for the establishing â—aâ—â—ing and laying out of Streets Lanes Alleys High-wayes Ferry and Bridges be not extended or be construed to extend to the taking away of any Person or Persons Right or Property without his her or their Consent or by some known Law of the said Province And for the Considerations aforesaid I do likewise Give Grant Ratifie and Confirm unto all and every the respective Inhabitants of the said City of New-York and of Manhattans Island aforesaid and their several respective Heirs and Assigns All and every the several and respective Messuages Tenements Lands and Hereditaments scituate lying and being in the said City Manhattans Island aforesaid to them severally and respectively granted conveyed and Confirmed by any of the late Governours Lieutenants or Commanders in Cheif of the said Province or by any of the former Mayors
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-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
appointments and comissionating by his Most Sacred Majesty aforesaid his Heirs and Successors To be such Persons ' as the Lieutenant Governours or Commanders in chief of the said Province for the time being shall appoint and commissionate which Persons so Commissionated to the said Offices of Recorder Town Clerk Clerk of Market shall have hold and enjoy the said Offices according to the tenor and effect of their said Commissions and not otherwise And further that the Recorder Town Clerk and Clerk of the Market Aldermen Assistants Chamberlain High Constables petty Constables and all other Officers of the said City Before they or any of them shall be admitted to enter upon and execute their respective Offices shall be sworn faithfully to Execute the same before the Mayor or any three or more of the Aldermen for the time being And I do by these presents for and on the behalf of his Most sacred Majesty his Heirs and Successors grant and give Power and Authority to the Mayor and Recorder of the said City for the time being to administer the same respective Oaths to them accordingly And further I do by these Presents grant for and on the behalf of his Most Sacerd Majesty aforesaid his Heirs and Successors that the Mayor and Recorder of the said City for the time being and three or more of the Aldermen of the said City not exceeding five shall be Justices and Keepers of the Peace of his Most Sacred Majesty his Heirs and Successors And Justices to hear and determine matters or Causes within the said City and Libertyes and Precincts thereof and that they or any three or more of them whereof the Mayor and Recorder or one of them for the time being to be there shall and may forever hereafter have Power and Authority by virtue of these presents to hear and determine All and all manner of Petty Lacernyes Riots Routs Oppreâ—â—â—ons Extortions and other Trespasses and Offences whatsoever within the said City of New-York and the Liberties and Precincts aforesaid from time to time arising and happening and which arise or happen and any wayes belong to the Oâ—â—â—ces of the Justices of the Peace and the Correction and punishment of the Offences aforesaid and every of them according to the Laws of England and the Laws of the said Province and to do and to execute all other things in the said City Liberties and Precincts aforesaid so fully and in ample manner as to the Commission assigned and to be assigned for the keeping of the Peace in the said County of new-New-York doth or may belong And moreover I do by these Presents for and in behalf of his Most Sacred Majesty aforesaid his Heirs and Successors appoint that the Aldermen Assistants high Constables and Petty Constables within the said City be yearly chosen on the Feast day of St. Michael the Arch Angel forever viz. one Alderman one Assistant and one Constable for each respective Ward one Constable for each Division in the out Ward in such Publick place in the said respective Wards as the Aldermen for the time being for each Ward shall direct and appoint And that the Aldermen Assistants and petty Constables be chosen by the Majority of Voices of the Inhabitants of each Ward And that the High Constable be appointed by the Mayor of the said City for the time being And that the Chamberlian shall be yearly Chosen on the said Feast day in the said City-Hall in the said City by the Mayor Aldermen and Assistants or by the Mayor or three or more of the Aldermen and three or more of the Assistants of the said City for the time being And I do by these presents Constitute and appoint the said John West to be the present Town-Clerk Clerk of the said Peace and Clerk of the Court of Pleas To be holden before the Mayor Recorder and Aldermen within the said City and Libertyes and Precincts thereof And further I do by these Presents for and on the behalf of his Most Sacred Majesty aforesaid his Heirs and Successors require strictly charge and Command That the Sheriff Town-Clerk Clerk of the Peace High Constable Petty Constables and all other Subordinate Officers in the said City for the time being and every of them respectively joyntly and severally as cause shall require shall attend upon the said Mayor Recorder and Aldermen of the said â—ity for the time being and every and any of them according to the duty of the respective places in and about the execution of such the Commands Precepts Warrants and Processes of them and every of them as belongeth appertaineth to be done or executed And that the aforesaid Mayor Recorder and Aldermen and every of them as Justices of the Peace for the time being by their or any of their Warrants all and every Person or Persons for High Treason or Petty Treason or for Suspition thereof or for other Fellonies whatsoever and all Malefactors and Disturbers of the Peace and other Offenders for other Misdemeanors who shall be apprehended within the said City or Libertyes thereof shall and may send and Commit or cause to be sent and Committed to the Common Goal of the said City There to remain and be kept in safe Custody by the Keepers of the said Goal or his Deputy for the time being until such Offender and Offenders shall Lawfully be delivered thence And I do by these presents for and on the behalf of his Most Sacred Majesty aforesaid his Heirs and Successors Charge and Require the keeper and keepers of the said Goal for the time being and his and their Deputy and Deputyes to receive take and in safe Custody keep all and Singular such Person and Persons so apprehened or to be apprehended sent and Committed to the said Goal by Warrant of the said Justices or any of them as aforesaid until he and they so sent and Committed to the said Goal from thence shall be delivered by due course of Law And further I do Grant and Confirm for and on the behalf of his Most Sacred Majesty aforesaid his Heirs and Successors That the said Mayor of the said City for the time being and no other according to the usage and practice accustomed in the said City of New-York in the time of my Predecessors the several Lieutenants Governors and Commanders in Chief of this Province shall have Power and Authority to give and Grant Lisences annually under the publick Seal of the said City to all Tavern keepers Inn-keepers Ordinary-keepers Victuallers all Publick Sellers of Wine Strong-Waters Syder Beer or any other sort of Liquors by Retail within the City aforesaid Manhattaus Island or their Liberties and Precincts thereof And it shall and may be lawfull to and for the said Mayor of the said City for the time being to ask demand and receive for such Lisence by him to be given and granted as aforesaid such sum or sums of Money as he and the Person to whom such Lisence shall be given and
said City and their Successors shall have and enjoy all the Priviledges Franchises and Powers that they have and use aâ—tâ—â—râ—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-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