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Origins_251-300.indd 256 2/17/12 6:40 PM Charter of Liberties and Privileges October30, I683 A!though essentially based on the British parliamentary model, the structure ofNew Yorks government describedin this document looks quite similar to that developed elsewhere in the colonies. The true bicameralism, however, that developed in some of the other colonies is missing in New York because the Governors Councilis notelective and is really aprivy council. The billofrights is derivedfrom English common law, andalthough quite liberal by European standards, is less robust than those developed in other colonies using a theologicalgrounding. Also, an appeal to popular sovereignty, implicit or otherwise, is conspicuously missing. Authority instead rests explicitly with the governor, council, and assembly combined under the impliedsovereignty ofthe monarch. FFOR The better Establishing the Government of this province of New Yorke and that Justice and Right may be Equally done to all persons within the same. BEE It Enacted by the Governour Councell and Representatives now in General Assembly mett and assembled and by the authority of the same. THAT The Supreme Legislative Authority under his Majesty and Royall Highnesse James Duke of Yorke Albany &c Lord proprietor of the said province shall forever be and reside in a Governour, Councell, and the people mett in General Assembly. THAT The Exercise of the Cheife Magistracy and Administration of the Government over the said province shall bee in the said Governour assisted by a Councell with whose advice and Consent or with at least four of them he is to rule and Governe the same according to the Lawes thereof. THAT in Case the Governour shall dye or be absent out of the province and that there be noe person within the said province Comissionated by Origins_251-300.indd 257 2/17/12 6:40 PM Charter ofLiberties and Privileges his Royal Hignesse his heirs or Successours to be Governour or Comander in Cheife there That then the Councell for the time being or Soe many of them as are in the Said province doe take upon them the Administration of the Governour and Execution of the Lawes thereof and powers and authorityes belonging to the Governour and Councell the first in nomination in which Councell is to preside untill the said Governour shall returne and arrive in the said province againe, or the pleasure ofhis Royall Highnesse his heires or Successours Shall be further knowne. THAT According to the usage Custome and practice of the Realme of England a session of a Generall Assembly be held in this province once in three yeares at least. THAT Every [freeholder within this province and ffreeman in any Corporation Shall have his free Choise and Vote in the Electing of the Representatives without any manner of constraint or Imposition. And that in all Elections the Majority ofVoices shall carry itt and by freeholders is understood every one who is Soe understood according to the Lawes of England. THAT the persons to be Elected to sitt as representatives in the Generall Assembly from time to time for the several! Cittyes townes Countyes Shires or Divisions of this province and all places within the same shall be according to the proportion and number hereafter Expressed that is to say for the Citty, and County of New Yorke four, for the County ofSuffolke two, for Queens County two, for Kings County two, for the County of Richmond two for the County of West Chester two, for the County of Ulster two for the County of Albany two and for Schenectade within the said County one, for Dukes County two, for the County of Cornwall two and as many more as his Royall Highnesse shall think fitt to Establish. THAT All persons Chosen and Assembled in manner aforesaid or the Major part of them shall be deemed and accounted the Representatives of this province which said Representatives together with the Governour and his Councell Shall forever be the Supreame and only Legislative power under his Royall Hignesses of the said province. THAT The said Representatives may appoint their owne Times of meeting dureing their sessions and may adjourne their house from time to time to such time as to them shall seeme meet and convenient. THAT The said Representatives are the sole Judges of the Qualifications of their owne members, and likewise ofall undue Elections and may from time to time purge their house as they shall see occasion dureing the said sessions. 257 [18.191.171.235] Project MUSE (2024-04-26 15...

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