Charter of Privileges Granted by William Penn to the Inhabitants of Pennsylvania and Territories (1701)

Preamble and Background

  • William Penn, Proprietary and Governor of the Province of Pensilvania and Territories, issues this grant to all inhabitants of the Province and Territories.
  • Historical origin of the grant:
    • King Charles II, by Letters Patents dated the 4 Day of March, 1681, granted Penn the Province of Pensilvania with powers and jurisdictions for its government.
    • James, Duke of York and Albany, by deeds dated 24th Day of August, 1682, granted Penn the Territories of Pensilvania with similar powers for good government.
    • In 1683, Penn granted and confirmed to Freemen, Planters and Adventurers Liberties, Franchises and Properties contained in the FRAME of the Government of the Province, as appeared in that grant.
  • The original FRAME (Charter) was found partially unsuitable for current circumstances; six parts of seven of the Freemen delivered the charter back to Penn in General Assembly for alteration. Penn promised to restore the charter with necessary alterations or, in lieu thereof, provide a new charter better adapted to current conditions.
  • Presentation of the new charter to the Freemen in General Assembly, Philadelphia, requesting grant of these liberties, franchises, and privileges for ever, for the well-being and good government of the Province and Territories.
  • Wording emphasizes that the charter is granted in pursuance of the rights and powers mentioned previously and to be held by Freemen, Planters, Adventurers, and other inhabitants “hereunto annexed, for ever.”
  • Context note: The charter remained in force until the American Revolution (1765–1783 period varies by jurisdiction).

Grant and Purpose (Legal Framework)

  • The grant declares, for the inhabitants, the following liberties, franchises, and privileges, as far as the governor’s power extends, to be enjoyed by all Freemen, Planters, Adventurers, and other inhabitants of the Province and Territories.
  • The grant emphasizes religious liberty, legislative framework, rule of law, and protection of individual rights within the colonial governance structure.

I. Religious Liberty and Conscience (First Liberty)

  • Core principle: no People can be truly happy if deprived of civil liberties due to abridgment of conscience.
  • The Almighty God is described as the Lord of Conscience, the author and object of divine knowledge, faith, and worship, who enlightens minds and persuades understandings.
  • Provisions:
    • No person inhabiting the Province or Territories shall be molested or prejudiced in person or estate for their conscientious persuasion or practice, nor compelled to frequent, maintain, or support any religious worship, place, or ministry contrary to their own mind or religious persuasion.
    • All persons who profess belief in Jesus Christ, the Saviour of the World, shall be capable to serve in government (legislative and executive roles) notwithstanding other conscientious persuasions—provided they solemnly promise allegiance to the King as Sovereign and fidelity to the Proprietary and Governor, and take the Attests as established by law in effect at Newcastle (the 1700 Act directing the Attests of several Officers and Ministers, as amended and confirmed by the present Assembly).
  • Significance:
    • Establishes broad religious liberty and toleration within the province, protecting minority beliefs while allowing participation in civil governance by those who profess belief in Christianity.
    • Sets theological framing for governance through a Protestant Christian lens, but with protections for conscience and non-coercion in worship.
  • Related context: This reflects early colonial experiments with religious toleration and the limits of civil power over religious matters, balancing liberty with social order.

II. The Legislative Assembly (Structure and Powers)

  • Establishes an annually elected Assembly, beginning with the First Day of October, forever, chosen by the Freemen.
  • Composition and election:
    • Assembly to consist of 4 persons from each county, chosen for virtue, wisdom, and ability (or a greater number as agreed by the Governor and Assembly).
    • Meetings to occur at Philadelphia on the 14th Day of October unless another place is appointed by the Governor and Council.
  • Powers and privileges:
    • Assembly may choose a Speaker and other officers; judge the qualifications and elections of their own members; sit on their adjournments; appoint committees; prepare bills to pass into laws; impeach criminals; redress grievances; and enjoy all other powers and privileges of an Assembly as in King’s English plantations in America.
  • Procedural and normative notes:
    • The Assembly’s authority is designed to mirror the rights of free-born English subjects and to be consistent with colonial practice.
    • The charter provides for a self-correcting legislative body capable of oversight, lawmaking, and accountability.
  • Significance:
    • Establishes representative self-government and a framework for lawmaking, subject to the Governor’s assent and royal oversight, blending local autonomy with imperial governance.
  • Connection to broader constitutional development: Early steps toward to colonial assemblies exercising legislative, as opposed to purely administrative, functions; foreshadows later colonial self-government and constitutional evolution.

IV. The Laws and Their Recording (Law-Making Process)

  • Laws of this Government shall be enacted in the following form: By the Governor, with the Consent and Approbation of the Freemen in General Assembly Met.
  • After confirmation by the Governor, laws shall be forthwith recorded in the Rolls Office and kept at Philadelphia, unless the Governor and Assembly agree to appoint another place.
  • This section outlines the procedure from proposal in the Assembly to executive approval and formal recording for public authority and enforcement.
  • Significance:
    • Establishes the mechanics of lawmaking and official record-keeping, ensuring laws are enacted with consent and properly documented.
  • Related concept: Separation of powers and checks between legislative and executive branches.

V. Privileges of Witnesses and Counsel (Criminal Justice)

  • Provision: All criminals shall have the same privileges of witnesses and council as their prosecutors.
  • Significance:
    • Protects fair trial rights, ensuring equality of the defendant in terms of access to witnesses and legal counsel relative to the prosecution.
  • Context: Reflects English common-law influences on colonial jurisprudence and the importance of due process and balance in criminal proceedings.

VI. Property, Appeals, and Legal Proceedings (Due Process)

  • Prohibition on compulsory defenses: No person shall be obliged to answer any complaint, matter, or thing relating to property before the Governor and Council, or any other place, except in the ordinary course of justice.
  • Appeals: The possibility for appeals to be provided by law in the future.
  • Significance:
    • Protects individuals from coercive or arbitrary questioning outside established judicial processes; supports due process and procedural safeguards.
  • Implication: Sets groundwork for orderly, lawful handling of property disputes and other legal matters within colonial governance.

VIII. Self-Defense and Property Provisions (Death, Suicide, and Forfeiture)

  • If any person, through temptation or melancholy, shall destroy himself, his estate, real and personal, shall descend to his wife and children or relations as if he had died a natural death.
  • If any person shall be destroyed or killed by casualty or accident, there shall be no forfeiture to the Governor by reason thereof.
  • Note: This clause addresses the posthumous handling of property in cases of death by self-destruction or accident, aiming to protect heirs and ensure fair treatment of estates.
  • Significance:
    • Reflects social and probate norms of the time, including the protection of family property rights when death occurs outside normal circumstances.

Signatories, Endorsement, and Formal Conclusion

  • The Charter was read distinctly in Assembly and, after full approval, delivered back to the Proprietary and Governor in Philadelphia on the 28th Day of October, 1701.
  • Signed on Behalf, and by Order of the Assembly, by:
    • JOSEPH GROWDON, Speaker
    • EDWARD SHIPPEN
    • PHINEAS PEMBERTON
    • SAMUEL CARPENTER
    • GRIFFITH OWEN
    • CALEB PUSEY
    • THOMAS STORY
    • with the Proprietary and Governor's Council
  • Footnote (excerpt in parentheses): (1) This charter was granted by William Penn, with the approbation of the General Assembly, and remained in force until the Revolution.

Historical Context, Significance, and Real-World Relevance

  • The charter reflects a deliberate blend of English constitutional principles with colonial governance needs:
    • Emphasizes religious liberty and protection of conscience, while maintaining allegiance to the Crown and Penn as proprietary governor.
    • Establishes a representative assembly as a central organ of government, with defined powers, legislative process, and accountability mechanisms.
    • Sets up procedural norms for law making, recording, and judicial fairness (witness and counsel rights, due process).
    • Addresses property rights and succession in cases of death, suicide, or accident, indicating social and familial considerations in governance.
  • Relationship to broader colonial law:
    • Tied to English law and colonial charters; references to the Newcastle act for attestations indicates integration with imperial legal standards.
    • Demonstrates early forms of constitutional consent, balancing rights of freemen with governance by a proprietary governor.
  • Ethical and practical implications:
    • Religious liberty clause raises questions about scope of toleration beyond a single faith, while still rooted in Protestant-Christian framework.
    • Clear emphasis on property, inheritance, and the protection of heirs shows the importance of property rights in colonial society.
    • The charter’s permanence (until revolution) underscores the fragility and evolution of colonial constitutions in the face of revolutionary change.

Key Terms and References to Look Up

  • Frame of the Government (FRAME): earlier charter retained and modified.
  • Letters Patents: royal grant establishing territory and powers.
  • Attests: officer/minister attestations requirement under Newcastle-era law.
  • Free-born Subjects of England: rights baseline for assembly privileges.
  • Rolls Office: official records keeping location in Philadelphia.
  • Philadelphia: meeting and record-keeping center.

Source and Meta-Notes

  • Source: The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies Now or Heretofore Forming the United States of America. Compiled and Edited under the Act of Congress of 1906 by Francis Newton Thorpe. Washington, DC: Government Printing Office, 1909.
  • Online version reference: Avalon Project, Yale Law School (Pa07).
  • The charter text under discussion remained in force until the American Revolution, reflecting its historical role in shaping early governance in Pennsylvania.