USA > Pennsylvania > Philadelphia County > Philadelphia > A historical account of Christ Church, Philadelphia : from its foundation, A.D. 1695, to A.D. 1841 : and of St. Peter's and St. James's, until the separation of the churches > Part 18
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And we do hereby give and grant unto the said rector, churchwardens and vestrymen, and their successors, full power and authority to make, have and use one common seal, with such device and inscription as they shall think proper, and the same to change, break, alter and renew, at their pleasure.
And we do hereby grant and ordain, that the said rector, churchwardens and vestrymen, and their successors, by the name before mentioned, shall be able in law to sue and be sued, plead and be impleaded, in any court or courts, be- fore any judge, judges or justices, within the said province of Pennsylvania, or said counties on Delaware, in all and all manner of suits, complaints, pleas, causes, matters and demands, of whatsoever kind, nature or form they be ; and all and every other matter or thing therein to do, in as full and effectual a manner, as any other person or persons, bodies politick or corporate, within that part of Great Britain called England, or within the' said province of
353
CHARTER.
Pennsylvania, or the lower counties aforesaid, in the like cases may or can do.
And we do further, for us, our heirs and successors, grant, ordain, and declare, that the vestry of the said united churches shall always consist of twenty persons, members of the said churches, or one of them ; of which number the churchwardens are always to be two ; and that the election of such vestry shall be made every year, on Easter Monday, by a majority of such members of the said churches as shall appear by the vestry books to have paid, three successive years preceding the time of such election, for.a pew or sitting in either of the said churches, who only shall have a right to vote for the vestrymen of the said united churches.
And we do further give and grant to the said vestry, then so elected, full power to chose their own officers, and to elect and choose annually, and every year, one of their own members to be one churchwarden of the said united churches ; and the rector for the time being shall choose another of the said vestrymen, to be the other churchwar- den of the said united churches: PROVIDED ALWAYS, NEV- ERTHELESS, that in case of the death of a rector of the said united churches, we will and ordain, that from the death of such rector, and until another rector shall be duly appointed, and approved for the said churches, agreeable to former method and usage, the churchwardens for the time being, with the consent of the major part of the whole vestrymen, in vestry met, shall have the same power and authorities relating to the disposition of the rents and revenues of the said corporation, as is hereinbefore vested in the rector, churchwardens and vestrymen.
And lastly, we do, for us, our heirs and successors, grant, . declare and ordain, that these our letters patent and char- ter, and every clause, sentence, and article, herein con-
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APPENDIX.
tained, shall be in all things firm, valid, sufficient, and effect- ual in the law, unto the said rector, churchwardens and vestrymen, community and corporation, and their succes- sors forever, according to the purport and tenor hereof, without any further grant from us, our heirs and suc- cessors, to be procured or obtained : PROVIDED ALWAYS, and it is hereby declared and ordained, that the clear yearly value of the messuages, houses, lands, tenements, rents, annuities, or other hereditaments and real estate of the said corporation, shall not exceed the sum of six hundred pounds sterling, exclusive of the moneys aris- ing from the letting of the pews belonging.to the said churches, or either of them, and also exclusive of the moneys arising from opening the ground for burials in the churchyards belonging to the said churches, or either of them, which said moneys shall, as it is now, be disposed of by the church wardens and vestrymen for the time being, for the purposes herein before mentioned. In testimony whereof, we have caused these our letters to be made patent, and the great seal of our said province to be here- unto affixed. Witness JOHN PENN, Esq., our lieutenant governour and commander in chief in and over our said province of Pennsylvania, and counties of Newcastle, Kent and Sussex, on Delaware, this twenty-fourth day of June, in the fifth year of the reign of our sovereign lord, George the Third, king of Great Britain, France, and Ireland, de- fender of the faith, &c. And in the year of our Lord one thousand seven hundred and sixty-five.
Signed, JOHN PENN.
1
AN ACT,
Enlarging and altering the Charter of the Rector, Church-Wardens, and Vestrymen of the United Episcopal Churches of Christ-Church and St. Peter's Church, in the City of Philadelphia in the province of Pennsylvania ; and for other purposes therein mentioned.
WHEREAS the rector, church-wardens, and vestry-men of the United Episcopal Churches of Christ Church and St. Peter's Church, in the city of Philadelphia, by their peti- tion to this General Assemby have represented that on the twenty-fourth day of June, in the year of our Lord one thousand seven hundred and sixty-five, a charter was grant- ed by the then proprietaries of Pennsylvania to divers mem- bers of the Episcopal Church at that time called the Church of England, residing in the city of Philadelphia, who were incorporated by the name of " The Rector, Church-War- dens, and Vestrymen of the United Episcopal Churches of Christ-Church and St. Peter's Church in the City of Phila- delphia in the Province of Pennsylvania ;" that in conse- quence of the increase of the members of the said churches, there were many who could not be accommodated with convenient seats, and they, therefore, at a considerable ex- pense, had lately built another church in the said city, called St. James's Church ; that it was the wish of the mem- bers of these three churches to be united under one char- ter, to be made as comformable as conveniently might be to the charter aforesaid; and the said petitioners therefore prayed that an act might be passed enlarging and altering the said old charter only in the particular matters herein- after enumerated, and that in all other respects, the said old charter might be confirmed, That is to say :
.
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APPENDIX.
1. That the name of the corporation in future might be " The Rector, Church-Wardens, and Vestrymen of the United Churches of Christ-Church, St. Peter's Church, and St. James's Church, in the city of Philadelphia."
2. That the Rules, By-Laws, and Ordinances of the rector, church-wardens, and vestrymen should not be re- pugnant to the laws of the Commonwealth of Pennsylvania or of the United States.
3. That at the next election of vestrymen, and forever thereafter, the vestry of the three united churches should consist of twenty-four persons, members of the said churches or one of them.
4. That the annual income of the property of the corpo- ration should not exceed six thousand dollars exclusive of the moneys arising from the letting of the pews belonging to the said churches, or either of them, and also exclusive of the moneys arising from opening the ground for burials in the church yards belonging to the said churches or either of them ; and it appears to the General Assembly just and reasonable that the prayer of the said petition should be granted. Therefore
. Sect. 1. Be it enacted by the Senate and House of Re- presentatives of the Commonwealth of Pennsylvania in general assembly met, and it is hereby enacted by the authority of the same : That from and after the passing of this act, the aforesaid charter granted by the former pro- prietaries of Pennsylvania, shall be enlarged so as to com- prehend and unite the said three churches of Christ Church, St. Peter's Church, and St. James's Church; and the rents and revenues of the corporation shall be applied to the maintenance and support of the rector, ministers and offi- cers of the said three united churches, and the necessary repairs of the said churches and their church yards and parsonage houses, and other houses which do now or here-
357
ADDITION TO CHARTER.
after shall belong to the said united churches and to no other use or purpose whatever ; and instead of the name aforesaid, in the old charter mentioned, the name of the corporation shall be "The Rector, Church-Wardens, and Vestrymen of the United Churches of Christ Church, St. Peter's Church, and St. James's Church, in the city of Philadelphia." And the members of the said St. James's Church shall have and enjoy all rights and privileges which under the old charter aforesaid are had and enjoyed by the members of Christ Church and St. Peter's Church aforesaid, or either of them, and no other, except that until and at the election for vestrymen to be held on Eas- ter Monday in the year of our Lord eighteen hundred and thirteen, and no longer, the members of the church of St. James who shall have paid for a pew or sitting in the said church previous to the time of holding any election of ves- trymen of the said united churches, shall have a right to vote at such election for the said vestrymen although it shall not appear by the vestry-books that the person or per- sons so voting have paid three successive years preceding the time of such election for a pew or sittings in either of the said churches.
Sect. 2. And be it further enacted by the authority aforesaid, That instead of the proviso in the said charter that the rules, by-laws, and ordinances of the said rector, church-wardens, and vestrymen be not repugnant to the laws and statutes in force in the kingdom of Great Britain, nor to the laws and statutes in force in the province of Pennsylvania, it shall be sufficient if the said rules, by-laws, and ordinances are not repugnant to the constitution, laws, and statutes of the commonwealth of Pennsylvania or of the United States.
Sect. 3. And be it further enacted by the authority aforesaid, That at the time appointed by the said char-
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APPENDIX.
ter for the next election of vestrymen and forever there- after, the vestry instead of consisting of twenty persons as is ordained by said charter, shall consist of, twenty-four persons, members of the said churches of Christ Church, St. Peter's Church, and St. James's Church, or one of them.
Sect. 4. And be it further enacted by the authority aforesaid, That the clear yearly value of the messuages, houses, lands, tenements, rents, annuities, or other here- ditaments and real estate of the said corporation, instead of the sum of six hundred pounds sterling mentioned in the said charter, shall not exceed the sum of six thousand dol- lars lawful money of the United States, exclusive of the / moneys arising from the, letting of the pews belonging to the said Christ-Church, St. Peter's Church, and St. James's Church, or either of them, and also exclusive of the moneys arising from opening the ground for burials in the church- . yards belonging to the said churches or either of them.
Sect. 5. And be it further enacted by the authority aforesaid, That nothing in this act contained, shall be con- strued so as in any manner to affect, impair, or alter the aforesaid charter granted by the former proprietaries of Pennsylvania in any other matter or thing than what is herein before enacted, but that the said charter in all mat- ters and respects not herein before altered or provided shall be firm and valid forever.
NOTE .- Saint James's Church was erected into a sepa- rate corporation in February, 1829. For the plan of sep- aration, see pages 236 to 242.
AN ACT
FOR ERECTING
CHRIST CHURCH AND ST. PETER'S CHURCH,
IN THE
CITY OF PHILADELPHIA,
INTO SEPARATE CORPORATIONS.
WHEREAS therector, church wardens and vestrymen of " The United Episcopal churches of Christ Church and Saint Peter's Church, in the city of Philadelphia," have represented, that the members of the said churches, being persuaded that their interests will be promoted by being erected into separate corporations, have agreed that such separation shall take place, upon the following terms, that is to say :
ARTICLE I.
Division of the Property .- First-Christ Church cor- poration to have
I. The church and ground on Second street and on Arch and Fifth streets. II. The parsonage ground-rent, so called, amounting to three hundred and sixty-two dol- lars, and the reversion of the estate out of which it issues. III. Three fifths of the rector's ground-rent, so called, amounting to two hundred and sixty-six dollars, sixty- seven cents.
Second-Saint Peter's Church corporation to have I. The church and ground on Third, Pine and Fourth streets. II. Two fifths of the rector's ground rent. III.
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APPENDIX.
All other ground-rents the private property of the United Churches, that is to say.
Tucker and Vail,
$11 75
Comarque,
12 00
Freeland,
14 50
Cooper,
140 00
Stevenson,
25 00
Durney,
18 06
$221 31
ARTICLE II. Debt of the Churches .- Each of the churches to pay one moiety of the debt due by the United Churches.
ARTICLE III.
Christ Church Hospital .- The legal property of this charity to be in Christ Church, but the charity to be man- aged by six persons; three to be chosen by each church at the first meeting after Easter, as heretofore.
ARTICLE IV.
Other Charity Funds .- I. All charity funds given to the respective churches, by name, or for the use of their members particularly, to be the property of the respective churches in trust. II. In all cases in which the charity has been vested in the churches or in trustees, for the use of the members of the churches generally, the legal property shall remain in the trustees, or go to the churches, as joint-ten- ants; the income of the trust estates and funds to be divided equally between the churches, for distribution by them, separately, among the objects designated by the donors.
C r a S
of
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ACT OF SEPARATION.
ARTICLE V.
Library and Church Records .- I. The church records to remain with Christ Church, who is to have the power of certifying copies ; but St. Peter's Church to have free ac- cess for examining them, and making extracts and copies. II. The library to be the property of Christ Church, sub- ject to the same right of access by the officers and mem- bers of St. Peter's Church as they now have.
ARTICLE VI.
Rights of Burial .- The members of the churches at the time of the separation, their widows and children, to have the same right of burial in the respective burial grounds, and so also the owners of vaults and the members of their families, as is provided in the act of Assembly in regard to St. James's Church.
ARTICLE VII.
Rector and Assistant Ministers .- I. The present rector shall continue to be rector of each church, with the same effect as if duly chosen by each after the separation ; and his salary shall be paid in moieties by the respective churches. II. The respective churches shall have the right of electing an assistant minister, who shall, if it be so agreed, be rector upon the demise of the present rector, subject to the rules and practice of the Episcopal Church in the United States in this behalf. III. If the present assistant minister shall not be chosen an assistant minister of either church, he shall continue to be an assistant min- ister of both the churches, with the same effect as if duly chosen by each after the separation, and shall divide his time equally between them. His salary shall be paid in equal proportions by the churches respectively. And whereas the said rector, church wardens, and vestrymen o
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362
APPENDIX.
the said united churches have presented a petition to this general assembly praying that an act might be passed for carrying the said plan of separation into effect, and it is just and reasonable that the prayer of the said petition should be granted,-Therefore,
Sect. 1. Be it enacted by the Senate and House of Re- presentatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, Christ Church, in the city of Philadelphia, shall be, and the same is hereby separated from the corporation of the rector, church wardens and vestrymen of the united Episcopal churches of Christ Church and Saint Peter's Church in the city of Philadelphia, and that the Right Reverend William White, rector, Horace Binney and Henry J. Hutchins, church wardens, and Caleb P. Wayne, Henry Pratt, Thomas H. White, George Tryon, Philip H. Nicklin, John White, Thomas Cooper and Charles Wheel- er, vestrymen, be and they are hereby erected into a sepa- rate body politic or corporate, by the name, style and title of " The rector, church wardens and vestrymen of Christ Church in the city of Philadelphia," and by the same name shall have perpetual succession and shall be able to sue and be sued, to plead and be impleaded in all courts of law and elsewhere, and shall be able and capable in law and equity, to take and hold to them and their successors, for the use of the said church, lands, tenements, goods and chattels of whatsoever nature or quality, real or personal, which now are, or shall hereafter become the property of the said corporation, or be held for their use, by any man- ner of conveyance, devise, bequest, or otherwise. Pro- vided, that the clear yearly value or income of the estate, real, personal and mixed, of the said corporation of Christ Church, exclusive of the moneys arising from the pews of
363
ACT OF SEPARATION.
the said church, and opening any ground thereto belonging for burials, shall not exceed the sum of five thousand dollars.
Sect. 2. And be it further enacted by the authority aforesaid, That the said rector, church wardens and vestry men of Christ Church, may have and use one common seal with such device, and inscription as they may think proper, and the same may change, alter, break, and renew at their pleasure, and that they and their successors or a majority of them met from time to time, shall have power and authority to make rules, by-laws, and ordinances, and to do every thing needful for the good government and sup- port of the said church, Provided, that the said rules, by- laws, and ordinances be not- repugnant to the constitution and laws of the commonwealth of Pennsylvania, or of the United States.
Sect. 3. And be it further enacted by the authority aforesaid, That on Easter Monday in every year hereafter, the members of the said Christ Church who have for one year previous held a sitting therein, shall elect twelve of their number to be vestrymen of the said church, and shall have full power to choose their own officers, and to choose annually one of their own number to be one church warden of the said church, and the rector for the time being shall choose another of the said vestrymen to be the other church warden of the said church, Provided, that on and after Easter Monday, which shall be in the year of our Lord, one thousand eight hundred and thirty-five, no mem- ber of said church shall be entitled to vote at any election of vestrymen, but such as shall appear by the vestry books, to have paid three successive years immediately preceding such election, for a pew or sitting in the said church. And Provided, That in the case of a vacancy happening in the office of rector of the said church by death or other-
364
APPENDIX.
wise, and until another rector shall be duly appointed, the church wardens for the time being, with the consent of the major part of the whole vestrymen in vestry met, shall have the same power and authority to manage the affairs of the said church, as if there were a rector of the said church consenting thereto.
Sect. 4. And be it further enacted by the authority aforesaid, That from and after the passing of this act of the estates and property, now belonging to the corporation of the said united churches of Christ Church and Saint Peter's Church, the lands, tenements, hereditaments, rights, and privileges mentioned and described in the first article of the plan of separation in the preamble of this act, recited as allotted for Christ Church corporation, together with all deeds and muniments of title relating thereto, and with all and singular the appurtenances, shall be and remain to the said corporation of Christ Church and their successors forever, for the sole and exclusive use of the said church, subject nevertheless to the payment of the debt according to the second article of said plan, and the said corporation of Christ Church and their successors forever, are hereby confirmed in the title, seisin, possession, and enjoyment of the said lands, tenements, hereditaments, rights, privileges, deeds and muniments of title with the appurtenances for the sole and exclusive use of the said Christ Church, subject as aforesaid, in the same full, free, and ample manner, as if the same had in due and legal form been conveyed to the said corporation of Christ Church, and their successors forever, by the said corporation of the rector, church wardens and vestrymen of the united Episcopal churches of Christ Church and Saint Peter's Church, in the city of Philadelphia.
Sect. 5. And be it further enacted by the authority aforesaid, That the Right Reverend William White, rector,
365
ACT OF SEPARATION.
William Meredith and John Miller, junior, church war- dens, Daniel Smith, Joseph Sims, William Phillips, Joshua Percival, Joseph R. Ingersoll, Lawrence Lewis, James S. Smith, and Isaac Roach, vestrymen, be, and they are hereby erected, into a separate body politic or corporate, by the name, style, and title of "The Rector, Church wardens and Vestrymen of St. Peter's Church, in the city of Philadelphia," and, by the same name, shall have per- petual succession, and shall be able to sue and be sued, to plead and be impleaded, in all courts of law and elsewhere, and shall be able and capable in law and equity, to take and hold to them and their successors, for the use of the said church, lands, tenements, goods, and chattels, of what- soever nature or quality, real or personal, which now are or shall hereafter become the property of the said corpo- ration, or be held for their use, by any manner of convey- ance, devise, bequest or otherwise, Provided, That the clear yearly value or income of the estate, real, personal, and mixed, of the said corporation of St. Peter's Church, exclusive of the moneys arising from the pews of the said church, and opening any ground thereto belonging for burials, shall not exceed the sum of five thousand dollars.
Sect. 6. And be it further enacted by the authority aforesaid, That the said rector, church wardens, and ves- trymen of St. Peter's church may have and use one com- mon seal, with such device and inscription as they may think proper, and the same may change, alter, break, and renew at their pleasure, and that they and their successors, or a majority of them, met from time to time, shall have power and authority to make rules, by-laws, and ordinances, and to do every thing needful for the good government and support of the said church. Provided, That the said rules, by-laws, and ordinances, be not repugnant to the constitu-
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APPENDIX.
tion and laws of the commonwealth of Pennsylvania or of the United States.
Sect. 7. And be it further enacted by the authority aforesaid, That on Easter Monday in every year hereafter, the members of the said St. Peter's Church who have for one year preceding held a sitting therein, shall elect twelve of their number to be vestrymen of the said church, who shall have full power to choose their own officers, and to choose annually one of their own number to be one church warden of the said church, and the rector for the time being, shall choose another of the said vestrymen, to be the other church warden of the said church. Provided, That on and after Easter Monday, which shall be in the year of our Lord, one thousand eight hundred and thirty- five, no member of the said church shall be entitled to vote at any election of vestrymen, but such as shall appear by the vestry books, to have paid three successive years, im- mediately preceding such election, for a pew or sitting in the said church. And provided, That in the case of a vacancy happening in the office of rector of the said church, by death or otherwise, and until another rector shall be duly appointed, the church wardens for the time being, with the consent of the major part of the whole vestrymen in vestry met, shall have the same power and authority to manage the affairs of the said church, as if there were a rector of the said church consenting thereto.
Sect. 8. And be it further enacted by the authority aforesaid, That from and after the passing of this act of the estates and property, now belonging to the corporation of the said united churches of Christ Church and Saint Peter's Church, the lands, tenements, hereditaments, rights and privileges, mentioned and described in the first article of the plan of separation in the preamble of this act, recited as allotted for Saint Peter's Church corporation, together
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