The charter of the city of New-York. — Charter (1686)

The charter of the city of New-York. — Charter (1686)

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THE CHARTER OF THE City of New-York.

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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-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, [Page] 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, Priviledges 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 [Page] 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, makeing 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 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; Together 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 [Page] 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 the 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 New-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 fee simple or for term of Life, Lives or [Page] 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, 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 fit 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 Jurvis Marshall, another of the said Citizens there, [Page] 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 Government 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 [Page] 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 apointed 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 commissionating 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, Oppressions, 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 Offices 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-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 [Page] 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, Recordèr 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 Shèriff, 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 city 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, Manhattans Island, or their Liberties [Page] 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 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 Exercise 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, [Page] 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 Week 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 convènient, take in, fill and make up, and lay out all and singular the Lands and Ground in and about the said City and Island Manhattans, 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 said City, and their Successors, shall have and enjoy all the Priviledges, Franchises and Powers that they have [Page] and use [...] 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 thè 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 several 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 [...]nvented 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.

F. Spragge, Secry.

Information about this book

Title statement

The charter of the city of New-York.Charter (1686)

New York (N.Y.).

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI :

Date

2007-10.

ID [DLPS]

N00576

ID [TCP]

N00576

ID [STC]

Evans 706

ID [STC]

Wing N828

ID [NOTIS]

APX2221

ID [IMAGE-SET]

706

ID [EVANS-CITATION]

99018936

Availability

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.

Series

Early American Imprints, 1639-1800 ; no. 706.

Notes

(Evans-TCP ; no. N00576)

Transcribed from: (Readex Archive of Americana ; Early American Imprints, series I ; image set 706)

Images scanned from Readex microprint and microform: (Early American imprints. First series ; no. 706)

Source

— The charter of the city of New-York., Charter (1686), New York (N.Y.)..

Extent

10 [i.e., 11], [1] p. ; (fol.)

Printed by William Bradford,. [New York :: 1694]. (Caption title.) (Imprint supplied by Evans.) (Error in paging: p. 10-11 misnumbered 9-10.)

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