Charter of Privileges (1701) — Study Notes
Context and Origins
The Charter of Privileges (1701) emerges from a chain of royal grants and colonial arrangements that defined governance in Pensilvania (Pennsylvania) and its Territories.
Preceding grants and promises:
King Charles II, by Letters Patents dated the 4th day of March, 1681, granted to William Penn, for ever, this Province of Pensilvania with diverse powers and jurisdictions for its well-government. 1681
James Duke of York and Albany, by deeds of feoffment dated the 24th day of August, 1682, granted to Penn the Territories of Pensilvania with similar powers for government. 1682
In 1683, Penn, for himself, his heirs and assigns, granted and confirmed to freemen, planters and adventurers there, various liberties, franchises and properties as described in the FRAME of the government of the Province of Pensilvania (the “FRAME”). The FRAME appears as a basis but was not perfectly suited to current circumstances.
Adaptation and request for alteration:
The Charter or Frame was found to be partly unsuitable; six parts of seven of the freemen delivered up the Frame to Penn in the General Assembly (at Philadelphia) for modification. The assembly reserved provision for those alterations to fit present conditions. (Note: a majority of the freemen, six of seven, is reflected in the record as rac{6}{7} of freemen.)
Penn promised to restore the Charter with necessary alterations, or provide a better-adapted alternative.
Preamble and grant:
Penn, in pursuit of the well-being and good government of the Province and Territories, and in pursuance of the rights and powers mentioned, grants and confirms to all freemen, planters, adventurers and other inhabitants the liberties, franchises and privileges laid out below, for ever, “so far as in me lieth.”
Constitutional aim:
The document aims to establish a self-governing framework with local control, while acknowledging allegiance to the Crown and fidelity to the Proprietary and Governor.
The Charter in the Present Form (1701)
The instrument begins with a formal grant by William Penn, Proprietary and Governor of the Province of Pensilvania and Territories, to all inhabitants, assembled and to come, under the authority of the King and Penn.
The charter is designed to be held, enjoyed and kept “for ever,” within the scope of the annexed liberties, franchises and privileges, subject to the conditions and alterations agreed upon by the General Assembly.
The preface invokes religious liberty as a foundational principle and ties governance to the consent of freemen.
I. Religious Liberty and Conscience
Core principle: no person shall be molested on account of conscience or religious persuasion or practice, provided they confess and acknowledge one almighty God, the Creator, Upholder and Ruler of the World, and promise to live quietly under civil government. The grant emphasizes God as the Lord of conscience and the authority over religious knowledge and worship.
Key provision (liberty of conscience):
“That no Person or Persons, inhabiting in this Province or Territories, who shall confess and acknowledge One almighty God, the Creator, Upholder and Ruler of the World; and profess him or themselves obliged to live quietly under the Civil Government, shall be in any Case molested or prejudiced, in his or their Person or Estate, because of his or their conscientious Persuasion or Practice, nor be compelled to frequent or maintain any religious Worship, Place or Ministry, contrary to his or their Mind, or to do or super any other Act or Thing, contrary to their religious Persuasion.” 1681
Inclusion of Christians beyond the core creed:
“AND that all Persons who also profess to believe in Jesus Christ, the Saviour of the World, shall be capable (notwithstanding their other Persuasions and Practices in Point of Conscience and Religion) to serve this Government in any Capacity, both legislatively and executively.”
They must solemnly promise allegiance to the King as Sovereign and fidelity to the Proprietary and Governor, and take the attestations (as established by law at New-Castle) for officers/ministers. The reference to the law at New-Castle concerns procedures for attestations of officers and ministers. 1700 (contextual reference to the attestation law)
Significance:
Establishes broad religious tolerance within the limits of belief in a single God, and opens civil service to those who profess Christ, with constitutional expectations of loyalty. It lays groundwork for a pluralistic, yet theistic, political culture in the colony.
Limitations and context:
The liberty is framed within the context of allegiance to the Crown and the Proprietary; it is not a secular separation of church and state, but an early form of religious liberty with civic participation tied to belief in God.
Related implications for governance:
Sets precedent for broad civil rights protection for conscience, while maintaining religious identity as a public, political virtue in practice.
II. The Legislative Assembly
Establishment of an annual Assembly: elected by the Freemen of the Province and Territories.
Composition: Four Persons from each County (or more, as agreed by the Governor and Assembly) who are most noted for virtue, wisdom and ability. The Assembly may increase membership at any time by mutual agreement. 1 ext{st October (annual)} is the target date for elections; the Assembly sits on the 14th day of October, unless otherwise appointed. The meeting place is Philadelphia unless the Governor and Council designate another location within the Province or Territories.
Powers and privileges of the Assembly:
The Assembly shall have power to choose a Speaker and other officers; be the judge of qualifications and elections of their members; sit on their own adjournments; appoint committees; prepare bills for passage into laws; impeach criminals; redress grievances; and enjoy all other powers and privileges of an English free-born subject in governance, as customary in the King’s plantations in America.
Structural note:
The Assembly’s role mirrors English constitutional norms adapted to colonial governance, emphasizing representation, legislative initiative, oversight, and legal reform.
IV. Laws and Recording
The style and language of laws: “By the Governor, with the Consent and Approbations of the Freemen in General Assembly Met.”
Recording and location: Laws, after Confirmation by the Governor, shall be recorded in the Rolls Office and kept at Philadelphia, unless the Governor and Assembly agree to appoint another place.
Principle:
Laws derive from a partnership between the Governor and the freemen’s assembly, ensuring an archival record in an official rolls office.
V. Rights of Witnesses and Counsel in Criminal Matters
Statement: All criminals shall have the same privileges of witnesses and counsel as their prosecutors.
Implication:
Ensures parity in the procedure of criminal cases, aiming to secure fair trial rights and balance in adversarial proceedings.
VI. Property, Procedure, and Access to Justice
Protection against compelled testimony about property: No person shall be obliged to answer any complaint or matter relating to property before the Governor and Council, or any other place, except in the ordinary course of justice, unless appeals are provided by law.
Implication:
Provides guardrails against compulsory self-incrimination and undue executive pressure, reinforcing procedural fairness and the rule of law.
VIII. Welfare, Suicide, and Forfeiture Provisions
Suicide clause:
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.
Casualty or accidental death:
If a person is destroyed or killed by casualty or accident, there shall be no forfeiture to the Governor by reason thereof.
Implication:
Protects the family’s rights and property in cases of self-harm or misfortune, preventing the government from claiming forfeiture in such events.
Signing, Acceptance, and Rationale
The Charter was distinctly read in Assembly; the whole and every part was approved and agreed to by the Assembly, and the charter received from the Proprietary and Governor at Philadelphia, on the 28th day of October, 1701. 1701
Signatories (on behalf of a joint consent of the Assembly and Proprietary):
Speaker: JOSEPH GROWDON
Governor’s Council: EDWARD SHIPPEN, PHINEAS PEMBERTON, SAMUEL CARPENTER, GRIFFITH OWEN, CALEB PUSEY, THOMAS STORY
Endorsement:
The charter explicitly notes that it remained in force until the American Revolution. This establishes a long-lasting legal framework in the colony, surviving for approximately a century and a half depending on historical developments.
(1) Note on scope and continuity:
This charter was granted by William Penn with the approbation of the General Assembly and remained in force until the Revolution. 1760-1783 era changes occurred across the Revolution; the charter’s formal status ended with that upheaval in governance.
Close and Historical Context
The Charter is part of a broader tradition of colonial charters that sought to combine royal authority with local self-government, property rights, and civil liberties.
The document reflects early American themes: religious liberty, representative government, rule of law, and protections for property and due process, all framed within the context of loyalty to the Crown and the Proprietary.
It also foreshadows later constitutional developments in American political thought, including limits on executive power, the role of assemblies, and the protection of conscience within a governance framework.
Notable People and Terms
William Penn: Proprietary and Governor of the Province of Pensilvania and Territories.
Joseph Growdon: Speaker of the Assembly (signatory).
Edward Shippen, Phineas Pemberton, Samuel Carpenter, Griffith Owen, Caleb Pusey, Thomas Story: Members of Governor’s Council and signatories.
New-Castle: Place referenced for an Act directing attestations of officers and ministers.
Penn’s frame and the later alterations reflect the evolving relationship between colonial governance structures and the inhabitants’ expectations for rights and representation.
Source and Reference
The text is from: 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 June 30, 1906 by Francis Newton Thorpe. Washington, DC: Government Printing Office, 1909. https://avalon.law.yale.edu/18th_century/pa07.asp
This excerpt is specifically the 1701 Charter of Privileges granted by William Penn for the Province of Pensilvania and Territories, as included in the Avalon project and Thorpe compilation.
Quick-reference Chronology
1681: King Charles II grants Pensilvania to Penn by Letters Patent. 1681
1682: James, Duke of York, grants the Pensilvania Territory by deed of feoffment. 1682
1683: Frame of Government granted to Freemen; later delivered back in part for alterations. 1683
1701: Assembly requests alterations; Penn issues the updated Charter of Privileges, Oct 28, 1701. 1701
Post-1701: Charter remains in force until the Revolution. (Historical note)
Connections to broader themes
Religious liberty as foundational for civil liberty in a frontier society.
Balance between enlightened governance and loyalty to the Crown and Proprietary.
Early model of constitutionalism accommodating free speech, property rights, due process, and representative government.
Practical governance features: annual assembly, recording of laws, judges of elections, and mechanisms to redress grievances.
Key terms to remember
Freemen, Planters, Adventurers: the social groups empowered by the charter.
Rolls Office: repository for laws. Rolls ext{ Office}
Attests: officer/minister attestations per the law at New-Castle. New-Castle
Six Parts of Seven: the fractional representation among freemen who delivered up the Frame. rac{6}{7}
The Charter of Privileges (1701) was granted by William Penn, who was the Proprietary and Governor of the Province of Pensilvania and its Territories. The document was explicitly read and approved by the General Assembly, and then received from Penn.
The figures mentioned as signatories—Joseph Growdon (Speaker of the Assembly) and members of the Governor's Council (Edward Shippen, Phineas Pemberton, Samuel Carpenter, Griffith Owen, Caleb Pusey, Thomas Story)—represent the legislative and executive branches of the colonial government. Joseph Growdon, as the Speaker, represented the elected Freemen of the Province and Territories. The Governor's Council members represented the proprietary and executive authority. Together, they acted on behalf of the "joint consent of the Assembly and Proprietary" to establish a self-governing framework for the colony, while acknowledging allegiance to the British Crown and fidelity to the Proprietary and Governor.