Detailed Notes on the Charter for the Province of Pennsylvania - 1681

Charter for the Province of Pennsylvania - 1681

1. Introduction

This document, granted by Charles II, King of England, Scotland, France, and Ireland, formally recognizes William Penn as the proprietor of a tract of land in America which is now known as Pennsylvania. The charter is a testament to the gratitude shown to Penn and his late father, Sir William Penn, for their services to the Crown.

2. The Grant of Land

• Details of the Grant:

  • Granted to William Penn, Esquire, son of Sir William Penn deceased.

  • Purpose: To enlarge English Empire and promote useful commodities beneficial for England and its dominions.

  • Aim: To peacefully reduce the savage natives to civil society and Christian religion.

  • Description: An ample colony is to be transported to a certain part of America, described in the charter.

3. Rights and Privileges Granted

• Land Ownership:

  • Penn is granted ownership of the land and is designated as the true and absolute Proprietor.

  • The grant includes rights to all soil, lands, fields, and resources within the boundaries.

• Fisheries and Minerals:

  • Rights to fish, including all types of fish (whales, sturgeon, and others) within the waters and rivers, are granted.

  • Ownership of all veins, mines, and quarries, whether discovered or not, of gold, silver, and any precious stones or materials found in the province.

4. Governance Powers

• Legislative Powers:

  • Penn and his heirs are granted powers to enact laws, raise money for public use, and oversee peace and safety within the country.

  • Laws must be published and should be in concordance with the laws and statutes of England.

  • Authority to appoint judges, magistrates, and other officers.

• Judicial Powers:

  • The ability to remit, release, pardon, and abolish crimes within the province, with the sole exceptions of treason and malice murder.

  • Establishment of courts and tribunals to adjudicate all types of disputes, including criminal and civil matters.

5. Local Governance and Ordinances

• Emergencies and Ordinance Creation:

  • Provision for emergency governance allowing Penn to make and uphold ordinances without immediate assembly of the Freeholders or delegates, promoting swift reaction to unforeseen incidents.

  • Ordinances must be reasonable and align with English laws.

6. Encouragement of Settlement

• Settlement Licenses:

  • Permission is granted for subjects of the Crown to settle, providing they pay customary levies.

  • A transcript of all laws enacted must be sent to the Privy Council within five years for potential review or annulment if they conflict with royal prerogatives.

7. Trade & Importation

• Trade Rights:

  • Permission for Penn and his settlers to export and import goods without interference from the Crown, provided customs and duties are observed.

  • Establishment of towns, counties, and markets as well as the power to create trade ports.

8. Legal Responsibilities and Accountability

• Appointment of Agents:

  • Requirement for Penn to appoint an Attorney in London for accountability regarding adherence to trading laws.

  • Failure to comply with legal responsibilities may lead to the Crown seizing governance of the Province.

9. Relations with Foreign States and Native Tribes

• Prohibition of War:

  • Penn and the inhabitants may not engage militarily with foreign states or tribes in conflict with the Crown.

  • Provision for levying men for defense against any potential incursions from native tribes and other enemies.

10. Miscellaneous Provisions

• Licenses and Taxation:

  • Assurance that no tax or financial impositions will be levied on the province's residents without their consent or by lawful parliamentary enactment.

  • Provision for attending to the spiritual needs of settlers by sending preachers upon request.

Conclusion

This charter signifies the establishment of Pennsylvania as a proprietary colony under William Penn, reinforcing his governance and legal authority while also allowing for settlement, trade, and certain autonomy within the framework established by the Crown.