Yale University Library

39002040337413 i cuuj »v oho- iT-oojiian of the province of
Pennsylvania. ila. ,19i

YALE UNIVERSITY
LIBRARY

1944

THE CHARTER of LIBERTIES
from
WILLIAM PENN
to the FREEMEN ofthe PROVINCE
of PENNSYLVANIA

THE CHARTER OF
LIBERTIES FROM

trrvvvp

H&tt^

MIAM PENN

TO THE FREEMEN
OF THE PROVINCE
of PENNSYLVANIA

PREFACE
So much of the history of the Penn Charter as is
known is best set out in a letter written by Mr. S. V.
Henkels, the well known Autograph Expert, of this city.
His statement is as follows : —
Sometime in the fall of 1892 or 3 whilst looking over
an old English Country Newspaper, I noticed a para
graph describing a rare old Penn Charter to Pennsylvania
owned by an old Quaker gentleman (whose name I do
not remembt r) and stating that the owner intended origin
ally to send the Charter to America for sale, but the Civil
War being then in progress he had changed his mind,
and would hold it for the future. The paper was dated
about June 1861.
The thought occurred to me to look the matter up, and
knowing that the late Dr. Edward Maris had acquaint
ances among the Society of Friends in England, I con
sulted him as to the desirability of writing to some of
his friends, and get them to try and trace the owner, and
see if he still had the Charter for Sale. Dr. Maris
accordingly corresponded with the well known Anti
quarian Mr. Henry T. Wake of Fritchley, Derby, Eng
land, who found the Charter in possession of Henry H.
Almack of Milford, Suffolk, with whom he opened nego
tiation and purchased it for Dr. Maris.
Mr. Almack stated that his father had received it from
an old Antiquary, a Mr. William Dalton of Bury St.
Edmund's, who had often described to him the labor he
[3]

had in transcribing the original " Paston Letters " for
Sir John Fenn, and he always supposed that the Penn
Charter was given to him (Dalton) by Sir John Fenn,
who was the greatest collector of Historical Manuscripts
in England. Mr. Almack also stated that the late Mr.
Winthrop of Boston was introduced to Mr. Dalton by
his father and was much interested in his accounts of
the Penn Charter.
This is all the information which could be collected
about the Celebrated Document, from those who were the
possessers of it before Dr. Maris purchased it.
After Dr. Maris got the Charter in his possession he
determined to put it up at public auction and accord
ingly placed it in my hands for that purpose. I accord
ingly made researches in reference to it, and found that
the State of Pennsylvania did not have the copy which
was sent by Penn to the Assembly, the late Dr. Egle, then
Librarian, had never heard of it and did not know what
had become of it. I also discovered in reading it over
that it was the original " Charter of Liberties for Penn
sylvania " granting to the Province the right to choose a
Governor and a Provincial Council or Legislature under
the same form as is carried out to-day, with this infor
mation I inserted it as lot 958 A in the Historical Col
lection owned by J. Henry Rogers of New Castle,
Delaware, and gave it quite a lengthy description. The
Sale was advertised for May 8th, 9th and 10th, 1895, but
before that date arrived, the attention of Gen. Hastings,
the Governor of Pennsylvania, was drawn to the Docu
ment and the suggestion made that he should have Dr.
Maris withdraw the Document from the Sale, and he,
the Governor, have a bill introduced in the Legislature,
then sitting, to purchase it. Dr. Maris was approached,
and wishing that the State might own it, consented to
withdraw it from the Sale, provided the Governor would
give his word to use his influence with the Legislature to
[4]

appropriate $15,000.00 for its purchase; this the Gov
ernor promised to do and did, accordingly, have State
Senator Penrose introduce a Bill in the Senate for that
purpose. Mr. Penrose introduced the Bill in the Senate
and it was passed May 15, 1895, it then went to the
Appropriation Committee and passed the following day
and lastly went to the lower house, which passed it almost
unanimously early in July, 1895, it then needed only the
Governor's signature to complete the purchase, but just
at that period the Republican party were having a
factional fight, and the fact that Senator Penrose sided
against the Governor, and because Senator Penrose
fathered the Bill (at the request of the Governor) he,
the Governor, vetoed the Bill under the plea of " Insuffi
cient funds," and this too after having personally per
suaded Dr. Maris to withdraw it from a sale where it
would evidently have brought fully as much, if not more,
than the price set upon it. The whole proceeding so
disgusted the Doctor, that he did not attempt further
to sell it.
The State owns the Charter, Charles II to Penn, con
veying the Proprietorship to him, but this is the Proprie
tor's conveyance to the people, and in many ways is the
most important of the two. It bears the signature and
seal of Wm. Penn and is witnessed by Christopher Taylor
— Charles Lloyd — Wm. Gibson — Richard Davies — N.
Moore — Thos. Rudyard — Harbt Springett — James Clay-
pool — Francis Plumsted — Thos. Barker — Philip Ford —
Edward Prichard — and Andrew Sowle, and is dated the
" Five and Twentieth day of the Second Month vulgarly
called April, 1682." Its genuineness cannot be doubted,
and it is in excellent state of preservation.
STAN. V. HENKELS
Manager Book Department
Davis & Harvey
[5]

The offer to purchase the Charter by Act of Legis
lature and the veto by Governor Hastings are all set out
at length in the Legislative Record for the Session of
1895. The Bill to appropriate Fifteen thousand Dollars
to buy the Charter was introduced by Senator Penrose,
May 1 6th, 1895, and passed finally May 22nd of the same
year. It was as follows : — No. 86.
AN ACT
To provide an appropriation for the purchase of
William Penn's Charter of Liberties to the Province of
Pennsylvania. Section 1. Be it enacted &c, That the sum of Fif
teen thousand Dollars be and the same is hereby appro
priated to purchase the document known as William
Penn's Charter of Liberties to the Province of Pennsyl
vania, which document is the property of Edward Maris,
doctor of medicine, residing at number one thousand one
hundred and six Pine Street, in the City of Philadelphia.
The said appropriation to be paid on the warrant of
the Auditor General on a settlement made by him and
the State Treasurer, upon a properly certified statement
from the Governor that he has received the said docu
ment in behalf of the Commonwealth.
WALTER LYON
President of the Senate.
HENRY F. WALTON
Speaker of the House of Representatives.
[6]

Governor Hasting on July 6th, 1895, returned the Bill
with his veto as follows: —
Commonwealth of Pennsylvania,
Executive Department.
Harrisburg, Pa., July 6, 1895.
I herewith file with my objections, in the office of the
Secretary of the Commonwealth, Senate Bill No. 662,
entitled "An act to provide an appropriation for the
purchase of William Penn's Charter of Liberties to the
Province of Pennsylvania." This bill appropriates the
sum of fifteen thousand dollars to purchase the docu
ment known as " William Penn's Charter of Liberties to
the Province of Pennsylvania." In the present condi
tion of the finances of our State, when our charitable
institutions, existing wholly or in part by State aid, are
in urgent need of all moneys that can be spared, I deem
it improper to give my approval to the measure under
consideration. DANIEL H. HASTINGS.
Dr. Edward Maris, the owner of the Charter, died in
1902, and his Executor, Mr. Alfred E. Maris, sold it to
Mr. George C. Thomas on April nth, 1902, and it still
remains in his possession.
It is in a remarkable state of preservation, and though
it has existed for two hundred and eight years, the let
ters are marvelously clear and distinct, and only on one
place on the parchment, where there is a crease, is
there experienced the slightest difficulty of reading the
words by which William Penn founded the Keystone
State of the Union. [7]

The document is engrossed on two sheets of parch
ment nearly square in shape, it is neatly folded, and
the outside portion only, which has been exposed to a
greater or lesser extent, shows the effect of handling, and
is somewhat discolored. It bears the date, " twenty fifth
April one thousand six hundred and eighty two " upon
the exposed portion.
A. H. R.
Philadelphia, November, 1908.

o all people To whom
these presents shall come
W\)ttta$ King Charles
the Second by his Letters
Patents under the Great
Seal of England for the
considerations therein
mentioned hath been graciously pleased to
Give and Grant unto me William Penn (by
the name of William Penn, Esq., Son and
heir of Sir William Penn deceased) and to
my heirs and assigns forever all that Tract
of Land or Province called $etttt0£lt>atlia in
America with divers Great Powers Prehemi-
nencies Royalties Jurisdictions and Author
ities necessary for the well-being and
Government thereof. $0tD ftttOtO $Z That
for the well-being and Government of the
said Province and for the Encouragement
of all the ffreemen and planters that may be
therein concerned in the pursuance of the
powers aforementioned, I the said William
Penn have declared, granted and confirmed
and by these presents for me my heirs and
assigns do declare grant and confirm unto
[9]

all the ffreemen planters and adventurers of
in and to the said Province those Liberties
FFranchises and Properties to be held en
joyed and kept by the frreemen Planters and
Inhabitants of and in the said Province of
Pennsylvania forever. 3Jmprtttlt0 Ctyat the
Government of this Province^hairTccoTcb
ing to the Powers of the Patent consist of
the Governor and JfJEisemea-el- the- said
Province in the form of a Provincial. Coun
cil and Jjjeneral Assembly^ ky^jwhom all
Laws shall be jnade Officers chosen and
Public Affairs transacted as is hereafter Re-/ .,
speclively declared. That is to say. 2. Cljat7
the FFreemen of the said Province shall on
the Twentieth day of the Twelfth Month
which shall be in this present year One
thousand six hundred and eighty two meet
and assemble in some fit place of which
timely notice shall be before hand given by
the Governor or his Deputy and then and
there shall choose out of themselves Sev
enty two persons of most note for their
Wisdom Virtue and Ability who shall meet
on the Tenth day of the first month next
ensuing and always be called and act as
the Provincial Councill of the said Prov-
[aO]

ince. 3. Cljat at the first choice of such
Provincial Council one Third part of the
said Provincial Council shall be chosen to
serve for Three years then next ensuing
One Third part for Two years then next
ensuing and One Third part for One year
then next following such Election and no
longer and that the said third part shall go
out accordingly. SUlD on the Twentieth
day of the Twelfth Month as aforesaid
yearly forever afterward the ffreemen of the
said Province shall in like manner meet
and Assemble together and then choose
Twenty four persons being one third of
the said number to serve in Provincial
Council for Three years it being intended
that One Third of the whole Provincial
Council (always consisting and to consist
of Seventy two persons as aforesaid) falling
off yearly it shall be yearly supplied by
such new yearly Elections as aforesaid and
that no one person shall continue longer
therein then three years. &tt& in case any
member shall decease before the last elec
tion during his time that then at the next
election ensuing his decease another shall
be chosen to supply his place for the re
fill

maining time he was to have served and no
longer. 4. C^at after the ffirst Seven years
every one of the said Third parts that
goeth yearly off shall be incapable of being
chosen again for one whole year following
/that so all may be fitted for Government
and have Experience of the care and bur
then of it. 5. Cljat in the Provincial Coun
cil in all cases and matters of moment as
Their agreeing upon Bills to be passed into
Laws, Erecting Courts of Justice Giving
Judgment upon Criminals Impeached and
choice of Officers in such manner as is
hereinafter mentioned not less than Two
Thirds of the whole Provincial Council shall
make the Quorum and that the consent and
approbation of Two Thirds of such Quorum
i shall be had in all such cases or matters of
moment. Slttt) moreover that in all cases
and matters of lessor moment Twenty flour
members of the said Provincial Council
shall make a Quorum the majority of which
FFour and Twenty shall and may always de
termine on such Cases and Causes of Lessor
moment. 6. Ctyat in this Provincial Coun
cil the Governor or his Deputy shall or
may always preside and have a treble voice
[13]

and the said Provincial Council shall always
continue and sit upon its own Adjourn
ments and Committees'y" 7. Ctyat the Gov
ernor and Provincial Council shall prepare
and propose to the General Assembly here
inafter mentioned all Bills which they shall
at any time think fit to be passed into Laws
within the said Province which Bills shall
be published and Affixed to the most noted
places in the Inhabited parts thereof Thirty
days before the meeting of the General As
sembly in order to the passing of them into
Laws or Rejecting of them as the General
Assembly shall_seejn.eet. 8. Cljat the Gov
ernor arid"Provincial Council shall take
care that all Laws, Statutes and Ordinances
which shall at any time be made within the
said Province be duly and diligently Exe-
ecuted. 9. Ctyat the Governor and Pro
vincial Council shall at all times have the
Care of the peace and safety of the Prov
ince and that nothing be by any person
attempted to the Subversion of this fframe
of Government. 10. Ct)at the Governor
and Provincial Council shall at all times
settle and order the situation of all Cities,
ports and Market towns in every County
[13]

modelling therein all public buildings
Streets and Market places and shall appoint
all necessary roads and highways in the
Province. 11. Cljat the Governor and
Provincial Council shall at all times have
power tcr\ inspect the management of the
public Treasury and punish those who shall
convert any part thereof to any other use
than what hath been Agreed upon by the
Governor, Provincial Council and General
Assembly. 12. Cljat the Governor and
Provincial Council shall erect and order all
public schools and incourage and reward the
Authors of useful sciences and Laudable
Inventions in the said Province. 13. Ctyat
for the better ;_mAnage_meiiL-Ou^tlie_^wers
aral^rusTiOioje^shall from time .. to Jtmiejdiyi_de_ itself into
flour distinct and proper Committees for the
more Easie AHmTnistfation of the affairs of
the ProvlncTWhich^ma^s~the~Seventy two
into four eighteens every one of which
eighteens shall consist of six out of each
of the three orders or yearly elections each
of which shall have a distinct portion of
Business as followeth: A Committee of
Plantations to situate and settle Cities, Ports
[14]

and market towns and highways and to
hear and decide all Suits and Controversies
relating to plantations ; a Committee of Jus
tice and Safety to secure the peace of the
Province and punish the mal-administration
of those who subvert justice to the preju
dice of the public and private Interest; a
Committee of Trade and Treasury who
shall Regulate all Trade and Commerce ac
cording to Law, encourage Manufacture
and country growth and defray the public
charge of the Province; and a Committee
of manners and Education and arts that all
wicked and scandalous Living may be pre
vented and that Youth may be successively
trained up in virtue and useful Knowledge
and arts. The Quorum of each of which
Committees being six, that is two out of
each of the three orders or yearly Elections
as aforesaid make a constant or standing
council of Four and Twenty which will
have the power of the Provincial Council
being the Quorum of it in all cases not
excepted in the ffifth article. And in the
said Committees and Standing Council of
the Province the Governor or his Deputy
shall or may preside as aforesaid and in the
[is]

Absence of the Governor or his Deputy if
no one is by either of them appointed the
said Committees or Council shall appoint
a President for that time and not other
wise and what shall be Resolved at such
Committees shall be reported to the said
Council of the Province and shall be by
them resolved and confirmed before the
same shall be put in Execution. And that
those respective Committees shall not sit
at one and the same time except in cases
of necessity. 14. SlttD to the end that all
Laws prepared by the Governor and Pro
vincial Council aforesaid may yet have the
more full concurrence of the ffreemen of
the Province it is declared granted and
confirmed that at the time and place or
places for the choice of a Provincial Coun
cil as aforesaid the said ffreemen shall
yearly choose members to serve in a Gen
eral Assembly as their Representatives not
exceeding Two hundred persons who shall
yearly meet on the Twentieth day of the
Second month in the Capital town or City
of the said Province where during Eight
days the several members may freely confer
with one another and if any of them see
[16]

meet with a Committee of the Provincial
Council consisting of Three out of each
of the Four Committees aforesaid being
Twelve in all which shall be at that time
purposely appointed to receive from any of
them proposals for the alteration or amend
ment of any of the said proposed and
promulgated bills and the ninth day from
their so meeting the said General Assembly
after the reading over of the proposed Bills
by the Clerk of the Provincial Council and
the occasions and motives for them being
opened by the Governor or his Deputy
shall give their affirmative or negative
which to them seemeth best in such man
ner as hereafter is expressed But not less
than Two thirds shall make a Quorum in
the passing of Laws and choice of such
Officers as are by them to be chosen.
15. Cljat the Laws so prepared and pro
posed as aforesaid that are Assented to by
the General Assembly shall be enrolled as
laws of the Province with this stile By the
Governor with the Assent and Approbation
of the FFreemen in Provincial Council and
General Assembly. 16. Cljat for the better
Establishment of the Government and Laws
[17]

of this Province and to the end there may
be an Universal satisfaction in the laying
of the ffundamentals thereof the General
Assembly shall or may for the first year
consist of all the ffreemen of and in the
said Province and ever after it shall be
yearly chosen as aforesaid which number
of Two hundred shall be enlarged as the
Country shall increase in people so as it
do not exceed ffive hundred at any time.
The Appointment and proportioning of
which as also the laying and methodizing
of the choice of the Provincial Council and
General Assembly in future times most
equally to the division of the hundreds
and Counties which the Country shall
hereafter be divided into shall be in the
power of the Provincial Council to propose
and the General Assembly to resolve. 17.
Cljat the Governor and the Provincial
Council shall from time to time erect
Standing Courts of Justice in such places
and number as they shall judge Conven
ient for the good Government of the said
Province And that the Provincial Council
shall on the Thirteenth day of the first
month yearly Elect and present to the
[i 8]

Governor or his Deputy a double number
of persons to serve for Judges, Treasurers,
Masters of the Rolls within the said Pro
vince for the year next ensuing. 3UtD
the ffreemen of the said Province in their
County Courts when they shall be erected
and till then in the General Assembly
shall on the Three and Twentieth day of
the Second Month yearly elect and present
to the Governor or his Deputy a double
number of persons to serve for Sheriffs,
Justices of Peace and Coroners for the
year next ensuing out of which respective
elections and presentments the Governor
or his Deputy shall nominate and com-
missionate the proper number for each
office the third day after the said respec
tive presentments or else the first named
in such presentment for each office shall
stand and serve for that office the year
ensuing. 18. 1$ttt for as much as the pres
ent condition of the Province requires
some Immediate settlement and admits not
of so quick a Revolution of Office, and to
the end the said Province may with all
Convenient speed be well ordered and
settled, I, William Penn, do therefore
[19]

think fit to nominate and appoint such
persons for Judges, Treasurers, Masters of
Rolls, Sheriffs, Justices of the Peace and
Coroners as are most fitly qualified for
those Imployments. To whom I shall make
and grant Commissions for the said Offices
respectively to l)0lt) to them to whom the
same shall be granted for so long time as
every such person shall well behave himself
in the Office or place to him respectively
granted and no longer. And upon the
decease or dis-placing of any of said offi
cers the succeeding officer or officers shall
be chosen as before said. 19. Cljat the
General Assembly shall continue so long
as may be needful to impeach Criminals
fit to be there impeached. To pass Bills
into Laws that they shall think fit to pass
into Laws and till such time as the Gover
nor and Provincial Council declare that
they have nothing further to propose unto
them for their Assent and Approbation and
that declaration shall be a dismiss to the
General Assembly for that time. Which
General Assembly shall be notwithstanding
Capable of Assembling together upon the
summons of the Provincial Council at any
[ao]

time during that year if the said Provincial
Council shall see occasion for their so
assembling. 20. Cljat all the Elections of
members or Representatives of the people
to serve in Provincial Council and General
Assembly and all Questions to be deter
mined by both or either of them that
relate to passing of Bills into Laws To the
choice of officers To impeachments made
by the General Assembly and Judgment of
criminals upon such Impeachments by the
Provincial Council and to all other cases
by them respectively Judged of Importance
shall be resolved and determined by the
"BallOtt And unless on suddain and in-
dispensible Occasions no business in Pro
vincial Council or its respective Committees
shall be finally determined the same day
that it is moved. 21. SUlO that at all times
when and so often as it shall happen that
the Governor shall or may be an Infant
under the age of one and Twenty years
and no Guardian or Commissioners are
appointed in writing by the ffather of the
said Infant or that such Guardians or Com
missioners shall be deceased, that during
such Minority the Provincial Council shall
[«]

from time to time as they shall see Meet
Constitute and Appoint Guardians and
Commissioners not exceeding three, one of
which Three shall preside as Deputy and
Chief Guardian during such Minority and
shall have an execute with the Consent of
the other Two all the power of a Governor
in all publick Affairs and Concerns of said
Province. 22. Cljat as often as any day
of the month mentioned in any Article of
this Charter shall fall upon the ffirst day
of the Week commonly called the Lord's
Day, the Business appointed for that day
'shall be differred till the next day unless
in Case of Emergency. 23. Cljat no Act,
Law or Ordinance whatsoever shall at any
time hej^eafter be made or done by the
Governor of this Province, his heirs or
assigns, or by the ffreemen in the Provin
cial Council or the General Assembly to
alter, change or diminish the fform or
Effect of this Charter or any part or Clause
thereof or contrary to the true Intent and
meaning thereof without the consent of
the Governor his heirs or assigns and six
parts of the seven of the said ffreemen in
Provincial Council and General Assembly.
[22]

24. atlt) lajStlt, that I, the said William
Penn, for myself, my heirs and assigns,
have Solemnly declared, granted and con
firmed and do hereby solemnly declare,
grant and confirm that neither I my heirs
nor assigns shall procure or do anything
or things whereby the Liberties in this
Charter contained and expressed shall be
Infringed or broken And if anything be
procured by any person or persons con
trary to these premises shall be held of
no fforce or Effect. %Xi tDttttejSjS thereof,
I the said William Penn have under this
present Charter of Liberties set my hand
and Broad Seal this Ffive and twentieth
day of the second month vulgarly called
Aprill in the year of our Lord One Thou
sand Six hundred and Eighty Two.
WILLIAM PENN

(Endorsed on the back of Charter)

Signed, Sealed and Delivered by the
within named William Penn as his act
and deed in the presence of

Christopher Taylor
Charles Lloyd
William Gibson
Richard Davies
N. More
Thos. Rudyard
Harbt. Springett

James Claypoole
Francis Plumsted
Thomas Barker
Philip Ford
Edward Prichard
Andrew Sowle