1701 Charter of Privileges
COMMENTARY TEXT PHOTO OF THE DOCUMENT
Commentary excerpted from The Papers of William Penn, Volume Four, 1701-1718. Craig W. Horle, Alison Duncan Hirsch, Marianne S. Wokeck, Joy Wiltenburg, Editors.
Richard S. Dunn, Mary Maples Dunn, General Editors. University of Pennsylvania Press, 1987, pp. 104-109.
It was almost twenty years since WP had hammered out Pennsylvania's first Frame of Government, a document that was quickly revised to suit colonial conditions. The revised Frame of 1683 governed the colony for nine years, but many colonists were restive under the limitations placed on the Assembly and had gradually been advancing its powers. Under the two-year tenure of Benjamin Fletcher as royal governor, the 1683 Frame was set aside, and, though WP expected it to go back into effect on the restoration of his government in 1694, those dissatisfied with the Frame took advantage of the hiatus to question its legal status. In 1696 the Assembly induced Governor Markham to accept a new Frame that greatly expanded its powers, but this constitution never received WP's authorization.
The proprietor's return to the colony in 1699 raised the constitutional question anew, but the Assembly of 1700 was unable to arrive at a settlement. By the fall of 1701 there was no longer any time for quibbling, and WP acceded to claims that he had long resisted. The Charter of Privileges signed on 28 October 1701 gave official recognition to the powers that the Assembly had been accumulating over the years, and went further by completely eliminating the legislative role of the Provincial Council.
The Assembly, now a unicameral legislature, would draft legislation, sit on its own adjournments, judge the qualifications of its members, choose its speaker and other officers, and exercise "all other Powers and Priviledges of an Assembly according to the Rights of the Freeborne Subjects of England and as is usuall in any of the Kings Plantations in America." In fact the Pennsylvania Assembly, in becoming the colony's sole legislative body, was claiming more power than any other colonial assembly. The Provincial Council became an administrative body appointed by the governor.
WP was unhappy with such departures from the original constitution, and he later complained to Logan of the colonists' ingratitude: "I acquiesced, having first shewed my Dislike: as at their disliking the model of an Elected Council to prepare, & an Assembly resolve. & 2. as throwing away the use of the ballat wch their Children, as I told them, will have perhaps cause sufficient to repent of their folly therein". Conflicts over the powers granted in this charter were to vex proprietary relations with the Assembly until the Revolution.
On Pennsylvania's earlier frames of government, see PWP 2:137-238; 3:456-66; Soderlund, William Penn, pp. 265-73.
On the Charter of Privileges, see Andrews, Colonial Period, 3:319-21; Nash, Quakers and Politics, pp. 231-32; Shepherd, pp. 292-96.
TEXT of THE CHARTER OF PRIVILEGES
(Parts relating to religious freedom have been bolded by the QIC)
[28 October 1701]
William Penn Proprietary and Governour of the Province of Pennsilvania and Territories thereunto belonging To all to whom these presents shall come Sendeth Greeting
Whereas King Charles the Second by his Letters Patents under the Great Seale of England beareing Date the fourth day of March in the Yeare one thousand, Six hundred and Eighty1 was Graciously pleased to Give and Grant unto me my heires and Assignes forever this Province of Pennsilvania with divers great powers and Jurisdictions for the well Governement thereof
And whereas the King's dearest Brother James Duke of York and Albany &c by his Deeds of Feofment under his hand and Seale duely perfected beareing date the twenty fourth day of August one thousand Six hundred Eighty and two2 Did Grant unto me my heires and Assignes All that Tract of Land now called the Territories of Pennsilvania together with powers and Jurisdictions for the good Government thereof
And whereas for the Encouragement of all the Freemen and Planters that might be concerned in the said Province and Territories and for the good Governement thereof I the said William Penn in the yeare one thousand Six hundred Eighty and three for me my heires and Assignes Did Grant and Confirme unto all the Freeman Planters and Adventurers therein Divers Liberties Franchises and properties as by the said Grant Entituled the Frame of the Government of the Province of Pensilvania and Territories thereunto belonging in America3 may Appeare which Charter or Frame being found in Some parts of it not soe Suitable to the present Circumstances of the Inhabitants was in the third Month in the yeare One thousand Seven hundred Delivered up to me by Six parts of Seaven of the Freemen of this Province and Territories in Generall Assembly mett4 provision being made in the said Charter for that End and purpose
And whereas I was then pleased to promise that I would restore the said Charter to them againe with necessary Alterations or in liew thereof Give them another better adapted to Answer the present Circumstances and Conditions of the said Inhabitants which they have now by theire Representatives in a Generall Assembly mett at Philadelphia requested me to Grant
Know ye therefore that for the further well being and good Governement of the said Province and Territories and in pursuance of the Rights and Powers before mencioned I the said William Penn doe Declare Grant and Confirme unto all the Freemen Planters and Adventurers and other Inhabitants in this Province and Territories these following Liberties Franchises and Priviledges soe far as in me lyeth to {be} held Enjoyed and kept by the Freemen Planters and Adventurers and other Inhabitants of and in the said Province and Territories thereunto Annexed for ever
first Because noe people can be truly happy though under the Greatest Enjoyments of Civil Liberties if Abridged of the Freedom of theire Consciences as to theire Religious Profession and Worship. And Almighty God being the only Lord of Conscience Father of Lights and Spirits and the Author as well as Object of all divine knowledge Faith and Worship who only {[can]} Enlighten the mind and perswade and Convince the understandings of people
And that all persons who also professe to beleive in Jesus Christ the Saviour of the world shall be capable (notwithstanding theire other perswasions and practices in point of Conscience and Religion) to Serve this Governement in any capacity both Legislatively and Executively he or they Solemnly promiseing when lawfully required Allegiance to the King as Soveraigne and fidelity to the Proprietary and Governour
And takeing the Attests as now Establisht by the law made at Newcastle in the yeare One thousand Seven hundred Intituled an Act directing the Attests of Severall Officers and Ministers as now amended and Confirmed this present Assembly5
Secondly For the well Governeing of this Province and Territories there shall be an Assembly yearly Chosen by the Freemen thereof to Consist of foure persons out of each County of most note for Virtue wisdome and Ability (Or of a greater number at any time as the Governour and Assembly shall agree) upon the first day of October forever And shall Sitt on the Fourteenth day of the said Month in Philadelphia unless the Governour and Councell for the time being shall See cause to appoint another place within the said Province or Territories6Which Assembly shall have power to choose a Speaker and other theire Officers and shall be judges of the Qualifications and Elections of theire owne Members Sitt upon theire owne Adjournments, Appoint Committees prepare Bills in or to pass into Laws Impeach Criminalls and Redress Greivances and shall have all other Powers and Priviledges of an Assembly according to the Rights of the Freeborne Subjects of England and as is usuall in any of the Kings Plantations in America7
And if any County or Counties shall refuse or neglect to choose theire respective Representatives as aforesaid or if chosen doe not meet to Serve in Assembly those who are soe chosen and mett shall have the full power of an Assembly in as ample manner as if all the representatives had beene chosen and mett Provided they are not less then two thirds of the whole number that ought to meet
And that the Qualifications of Electors and Elected and all other matters and things Relateing to Elections of Representatives to Serve in Assemblies though not herein perticulerly Exprest shall be and remaine as by a Law of this Government made at Newcastle in the Yeare One thousand [Seven] hundred Intituled An act to ascertaine the number of members of assembly and to Regulate the elections8
Thirdly That the Freemen [in Ea]ch Respective County at the time and place of meeting for Electing [th]eire Representatives to serve in Assembly may as often as there shall be Occasion choose a Double number of persons to present to the Governour for Sheriffes and Coroners to Serve for three Yeares if they Soe long behave themselves well out of which respective Elections and Presentments the Governour shall nominate and Commissionate one for each of the said Officers the third day after Such Presentment or else the first named in Such Presentment for each Office as aforesaid shall Stand and Serve in that Office for the time before respectively Limitted9And in case of Death and Default Such Vacancies shall be Supplyed by the Governour to serve to the End of the said Terme Provided allwayes that if the said Freemen shall at any time neglect or decline to choose a person or persons for either or both the aforesaid Offices then and in Such case the persons that are or shall be in the respective Offices of Sheriffes or Coroner at the time of Election shall remaine therein untill they shall be removed by another Election as aforesaid
And that the Justices of the respective Counties shall or may nominate and present to the Governour three persons to Serve for Clerke of the Peace for the said County when there is a vacancy, one of which the Governour shall Commissionate within Tenn dayes after Such Pressentment or else the first Nominated shall Serve in the said Office dureing good behaviour
fourthly That the Laws of this Government shall be in this Stile Vizt "By the Governour with the Consent and Approbation of the Freemen in Generall Assembly mett"10 And shall be after Confirmation by the Governour forthwith Recorded in the Rolls Office and kept at Philadelphia unless the Governour and Assembly shall Agree to appoint another placefifthly that all Criminalls shall have the same Priviledges of Wittnesses and Councill as theire Prosecutors
Sixthly That noe person or persons shall or may at any time hereafter be obliged to answer any Complaint matter or thing whatsoever relateing to Property before the Governour and Councill or in any other place but in the Ordinary courts of Justice unless Appeales thereunto shall be hereafter by law appointed11Seventhly That noe person within this Governement shall be Licensed by the Governour to keep Ordinary Taverne or house of publick entertainment but Such who are first recommended to him under the hands of the Justices of the respective Counties Signed in open Court which Justices are and shall be hereby Impowred to Suppress and forbid any person keeping Such publick house as aforesaid upon theire Misbehaviour on such penalties as the law doth or shall Direct and to recommend others from time to time as they shall see occasion12
Eighthly If any person through Temptation or Melancholly shall Destroy himselfe his Estate Reall and personall shall notwithstanding Descend to his wife and Children or Relations as if he had dyed a Naturall Death13And if any person shall be Destroyed or kill'd by casualty or Accident there shall be noe forfeiture to the Governour by reason thereof14
And noe Act Law or Ordinance whatsoever shall at any time hereafter be made or done to Alter Change or Diminish the forme or Effect of this Charter or of any part or Clause therein Contrary to the True intent and meaning thereof without the Consent of the Governour for the [time being and] six parts of Seven of the Assembly [mett]
But because the happiness of Mankind Depends So much upon the Enjoying of Libertie of theire Consciences as aforesaid I Doe hereby Solemnly Declare Promise and Grant for me my heires and Assignes that the first Article of this Charter Relateing to Liberty of Conscience and every part and Clause therein according to the True Intent and meaneing thereof shall be kept and remaine without any Alteration Inviolably for ever
And Lastly I the said William Penn Proprietary and Governour of the Province of Pensilvania and Territories thereunto, belonging for my Selfe my heires and Assignes Have Solemnly Declared Granted and Confirmed And doe hereby Solemnly Declare Grant and Confirme that neither I my heires or Assignes shall procure or doe any thing or things whereby the Liberties in this Charter contained and expressed nor any part thereof shall be Infringed or broken And if any thing shall be procured or done by any person or persons contrary to these presents it shall be held of noe force or EffectIn wittnes whereof I the said William Penn at Philadelphia in Pensilvania have unto this present Charter of Liberties Sett my hand and Broad Seale this twenty Eighth day of October in the Yeare of our Lord one thousand Seven hundred and one being the thirteenth yeare of the Reigne of King William the Third over England Scotland France and Ireland &c And in the Twenty first Yeare of my Government.
And notwithstanding the closure and Test of this present Charter as aforesaid I think fitt to add this following Provisoe thereunto as part of the same That is to say that notwithstanding any Clause or Clauses in the above mencioned Charter obligeing the Province and Territories to Joyne Together in Legislation I am Content and doe hereby Declare That if the representatives of the Province and Territories shall not hereafter Agree to Joyne togather in Legislation and that the same shall be Signifyed to me or my Deputy In open Assembly or otherwise from under the hands and Seales of the Representatives (for the time being) of the Province or Territories or the Major part of either of them any time within three yeares from the Date hereof That in Such case the Inhabitants of each o' the three Counties of this Province shall not have less then Eight persons to represent them in Assembly for the Province and the Inhabitants of the Towne of Philadelphia (when the said Towne is Incorporated)15 Two persons to represent them in Assembly and the Inhabitants of each County in the Territories shall have as many persons to represent them in a Distinct Assembly for the Territories as shall be requested by them as aforesaid16 Notwithstanding which Seperation of the Province and Territories in Respect of Legislation I doe hereby promise Grant and Declare that the Inhabitants of both Province and Territories shall Seperately Injoy all other Liberties Priviledges and Benefitts granted Joyntly to them in this Charter Any law usage or Custome of this Governement heretofore made and Practised or any law made and Passed by this Generall Assembly to the Contrary hereof Notwithstanding.
Wm Penn
Edwd: Shippen
Phineas Pemberton
Sam: Carpenter Propry and
Griffith Owen Governours Council
Caleb Pusey Tho: Story
DS. Miscellaneous Manuscripts Collection, APS. (Micro. 9:741.) Endorsed: This Charter of priviledges being Distinctly read in Assembly & the whole & Every | part thereof being Approved of and Agreed to by us. Wee do Thankfully receive the Same | from our proprietary & Governour At Philadelphia this Twenty Eighth day of Oc-tober | 1701. Further endorsed: Signed on behalf and by order of the Assembly | per Jos: Growdon Speaker. Further endorsed: Recorded in the Rolls Office at Philadelphia | in Patent Book A. vol 2. page. 125 to 129 | the 31st 8mo 1701. | By me Tho. Story Mr
ibin.17
Notes
1. 168 1. See PWP, 2:61-78.
2. See PWP, 2:281-84.
3. See Soderlund, William Penn, pp. 265-73.
4. For records of the inconclusive deliberations on a new charter in the Assembly of' May 1700, see Minutes of the Provincial Council, 1: 602-5, 611-14; Votes and Proceedings, 1:119-22. The 1683 Frame was formally delivered to WP for revision on 7 June 1700, with the understanding that he would govern under his royal patent and the Act of Union in the mean time.
5. Statutes, 2:39-42. WP is here repeating the provision for religious liberty enacted by Pennsylvania's first Assembly in Dec. 1682; see Charter and Laws, pp. 107-8.
6. For earlier variations in the number of representatives elected to the Assembly, see PWP, 3:449n, 465n. The times of elections and sessions are here changed from spring (Mar. and May) to fall (Oct.).
7. The Assembly is here granted extensive legislative rights, far beyond the restricted powers devised by WP in 1682-83; see PWP, 2:217-18; 3:465-66; Soderlund, William Penn, pp. 268-69.
8. Statutes, 2:24-27.
9. The 1682 and 1 683 Frames had made similar provisions for election of sheriffs and coroners, but for one-year terms. PWP, 2:218; Soderlund, p. 270.
10. This repeats the style of the 1696 Frame, which similarly omitted specific mention of the Provincial Council. See PWP, 3:466.
11. See doc. 22, n. 6; doc. 24.
12. WP had called for such oversight of public houses by justices in a letter of 1697. PWP, 3:518. See also Charter and Laws, pp. 286-87; Statutes, 2:93-94.
13. Under English law the estates of suicides were forfeit to the crown, a right that in Pennsylvania belonged to WP as proprietor. Blackstone, 4:190.
14. WP is here relinquishing his claim to deodands, chattels that had caused the death of a human being and were thus forfeit. Blacks Law Dictionary.
15. WP's charter of incorporation for Philadelphia, dated 25 Oct. 1701, was signed on 28 Oct. together with the Charter of Privileges. Micro. 9:682; Minutes of the Provincial Council, 2:60-61.
16. WP added this clause as a reluctant concession to separatist sentiment in the Lower Counties, but it did not prevent the Lowcr Counties from repudiating this charter in 1702. After years of wrangling, the two assemblies for Pennsylvania and Delaware separated completely in 1704. See John A. Munroe, Colonial Delaware: A History (Millwood, N.Y., 1978), pp. 116-21.
17. That is, master of that place, the rolls office.
Return to 1701 Charter Page