WILLIAM PENN, Proprietary and Governor of the Province of Pennsylvania and
Territories thereunto belonging, To all to whom these Presents shall come,
sends Greeting. WHEREAS King CHARLES the Second, by His Letters Patents, under
the Great Seal of England, bearing Date the Fourth Day of March, in the Year
One Thousand Six Hundred and Eighty-one, was graciously pleased to give and
grant unto me, and my Heirs and Assigns for ever, this Province of
Pennsylvania, with divers great Powers and Jurisdictions for the well
Government thereof.
AND WHEREAS the King’s dearest Brother, JAMES Duke of YORK and ALBANY,
etc. by his Deeds of Feoffment, under his Hand and Seal duly perfected, bearing
Date the Twenty-Fourth Day of August, One Thousand Six Hundred Eighty and Two,
did grant unto me, my Heirs and Assigns, all that Tract of Land, now called the
Territories of Pennsylvania, 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
Government thereof, I the said WILLIAM PENN, in the Year One Thousand Six
Hundred Eighty and Three, for me, my Heirs and Assigns, did grant and confirm
unto all the Freemen, Planters and Adventurers therein, divers Liberties,
Franchises and Properties, as by the said Grant, entitled, The FRAME of the
Government of the Province of Pennsylvania, and Territories thereunto
belonging, in America, may appear; which Charter or Frame being found in some
Parts of it, not so suitable to the present circumstances of the Inhabitants,
was in the Third Month, in the Year One Thousand Seven Hundred, delivered up to
me, by Six Parts of Seven of the Freemen of this Province and Territories, in
General Assembly met, 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 again, with necessary Alterations, or in lieu thereof, give
them another, better adapted to answer the present Circumstances and Conditions
of the said Inhabitants; which they have now, by their Representatives in
General Assembly met at Philadelphia, requested me to grant.
KNOW YE THEREFORE, That for the further Well-being and good Government of
the said Province, and Territories; and in Pursuance of the Rights and Powers
before-mentioned, I the said William Penn do declare, grant and confirm, unto
all the Freemen, Planters and Adventurers, and other Inhabitants of this
Province and Territories, these following Liberties, Franchises and Privileges,
so far as in me lies, 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 no People can be truly happy, though under the greatest Enjoyment of
Civil Liberties, if abridged of the Freedom of their Consciences, as to their
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 doth enlighten the Minds, and
persuade and convince the Understandings of People, I do hereby grant and
declare, 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 suffer any other Act or
Thing, contrary to their religious Persuasion.
AND that all Persons who also profess to believe in Jesus Christ, the Savior
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, he or they solemnly promising,
when lawfully required, Allegiance to the King as Sovereign, and Fidelity to
the Proprietary and Governor, and taking the Attests as now established by the
Law made at New-Castle, in the Year One Thousand and Seven Hundred, entitled,
an Act directing the Attests of several Officers and Ministers, as now amended
and confirmed this present Assembly.
FOR the well governing of this Province and Territories, there shall be an
Assembly yearly chosen, by the Freemen thereof, to consist of Four Persons out
of each County, of most Note for Virtue, Wisdom and Ability, (or of a greater
number at any Time. as the Governor and Assembly shall agree) upon the First
Day of October for ever; and shall sit on the Fourteenth Day of the same Month,
at Philadelphia, unless the Governor and Council for the Time being, shall see
Cause to appoint another Place within the said Province or Territories: Which
Assembly shall have Power to choose a Speaker and other their Officers; and
shall be Judges of the Qualifications and Elections of their own Members; sit
upon their own Adjournment; appoint Committees; prepare Bills in order to pass
into Laws; impeach Criminals, and redress Grievances; and shall have all other
Powers and Privileges of an Assembly, according to the Rights of the free-born
Subjects of England, and as is usual in any of the King’s Plantations in
America.
AND if any County or Counties, shall refuse or neglect to choose their
respective Representatives as aforesaid, or if chosen, do not meet to serve in
Assembly, those who are so chosen and met, shall have the full Power of an
Assembly, in as ample Manner as if all the Representatives had been chosen and
met, provided they are not less than Two Thirds of the whole Number that ought
to meet.
AND that the Qualifications of Electors and Elected, and all other Matters
and Things relating to Elections of Representatives to serve in Assemblies,
though not herein particularly expressed, shall be and remain as by a Law of
this Government, made at New-Castle in the Year One thousand Seven Hundred,
entitled, An Act to ascertain the Number of Members of Assembly, and to
regulate the Elections.
III
THAT the Freemen in each respective County, at the Time and Place of Meeting
for Electing their Representatives to serve in Assembly, may as often as there
shall be Occasion, choose a double Number of Persons to present to the Governor
for Sheriffs and Coroners to serve for Three Years, if so long they behave
themselves well; out of which respective Elections and Presentments, the
Governor shall nominate and commission one for each of the said Offices, 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 limited; and in Case of Death or Default, such Vacancies
shall be supplied by the Governor, to serve to the End of the said Term.
PROVIDED ALWAYS, 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 Sheriffs or Coroners, at the Time of Election, shall remain therein,
until 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 Governor Three Persons, to serve for Clerk of the Peace for the
said County, when there is a Vacancy, one of which the Governor shall
commission within Ten Days after such Presentment, or else the First nominated
shall serve in the said Office during good Behavior.
IV
THAT the Laws of this Government shall be in this Stile, viz. By the
Governor, with the Consent and Approbation of the Freemen in General Assembly
met; and shall be, after Confirmation by the Governor, forthwith recorded in
the Rolls Office, and kept at Philadelphia, unless the Governor and Assembly
shall agree to appoint another Place.
V
THAT all Criminals shall have the same Privileges of Witnesses and Council
as their Prosecutors.
VI
THAT no Person or Persons shall or may, at any Time hereafter, be obliged to
answer any Complaint, Matter or Thing whatsoever, relating to Property, before
the Governor and Council, or in any other Place, but in ordinary Course of
Justice, unless Appeals thereunto shall be hereafter by Law appointed.
VII
THAT no Person within this Government, shall be licensed by the Governor to
keep an Ordinary Tavern or House of Public 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
empowered, to suppress and forbid any Person, keeping such Public-House as
aforesaid, upon their Misbehavior, on such Penalties as the Law doth or shall
direct; and to recommend others from time to time, as they shall see Occasion.
VIII
IF any person, through Temptation or Melancholy, shall destroy himself; his
Estate, real and personal, shall notwithstanding descend to his Wife and
Children, or Relations, as if he had died a natural Death; and if any Person
shall be destroyed or killed by Casualty or Accident, there shall be no
Forfeiture to the Governor by reason thereof.
AND no Act, Law or Ordinance whatsoever, shall at any Time hereafter, be
made or done, to alter, change or diminish the Form 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 Governor for the Time being, and Six Parts
of Seven of the Assembly met.
BUT because the Happiness of Mankind depends so much upon the Enjoying of
Liberty of their Consciences as aforesaid, I do hereby solemnly declare,
promise and grant, for me, my Heirs and Assigns, That the First Article of this
Charter relating to Liberty of Conscience, and every Part and Clause therein,
according to the true Intent and Meaning thereof, shall be kept and remain,
without any Alteration, inviolably for ever.
AND LASTLY, I the said William Penn, Proprietary and Governor of the
Province of Pennsylvania, and Territories thereunto belonging, for myself, my
Heirs and Assigns, have solemnly declared, granted and confirmed, and do hereby
solemnly declare, grant and confirm, That neither I, my Heirs or Assigns, shall
procure or do 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 no Force or Effect.
IN WITNESS whereof, I the said William Penn, at Philadelphia in
Pennsylvania, have unto this present Charter of Liberties, set my Hand and
broad Seal, this Twenty-Eighth Day of October, in the Year of Our Lord One
Thousand Seven Hundred and One, being the Thirteenth Year of the Reign of King
WILLIAM the Third, over England, Scotland, France and Ireland, etc. and the
Twenty-First Year of my Government.
AND NOTWITHSTANDING the Closure and Test of this present Charter as
aforesaid, I think fit to add this following Proviso thereunto, as Part of the
same, That is to say, That notwithstanding any Clause or Clauses in the
above-mentioned Charter, obliging the Province and Territories to join together
in Legislation, I am content, and do hereby declare, that if the
Representatives of the Province and Territories shall not hereafter agree to
join together in Legislation, and that the same shall be signified unto me, or
my Deputy, in open Assembly, or otherwise from under the Hands and Seals of the
Representatives, for the Time being, of the Province and Territories, or the
major Part of either of them, at any Time within Three Years from the Date
hereof, that in such Case, the Inhabitants of each of the Three Counties of
this Province, shall not have less than Eight Persons to represent them in
Assembly, for the Province; and the Inhabitants of the Town of Philadelphia
(when the said Town is incorporated) 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 by them requested as aforesaid.
NOTWITHSTANDING which Separation of the Province and Territories, in Respect
of Legislation, I do hereby promise, grant and declare, That the Inhabitants of
both Province and Territories, shall separately enjoy all other Liberties,
Privileges and Benefits, granted jointly to them in this Charter, any Law,
Usage or Custom of this Government heretofore made and practiced, or any Law
made and passed by this General Assembly, to the Contrary hereof,
notwithstanding.
WILLIAM PENN.
THIS CHARTER OF PRIVILEGES being distinctly read in Assembly; and the whole
and every Part thereof, being approved of and agreed to, by us, we do
thankfully receive the same from our Proprietary and Governor, at Philadelphia,
this Twenty-Eighth Day of October, One Thousand Seven Hundred and One. Signed
on Behalf, and by Order of the Assembly,
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