In September, 1670, his father died, leaving him an ample fortune, besides large claims on the Government. But the temptations of wealth had no influence on Penn. He continued to defend the faith he had embraced, and in the latter part of the year was again in Newgate. There he wrote The Great Case of Liberty of Conscience debated. Had his services to humanity been no greater than those rendered by the pen, they would have secured for him a lasting remembrance; but the experience he gained in defending the principles of the Friends was fitting him for higher responsibilities. His mind, which was naturally bright, had been improved by study. In such rough schools of statesmanship as the Old Bailey, Newgate, and the Tower, he imbibed broad and liberal views of what was necessary for the welfare of mankind, which in the end prompted him to attempt a practical interpretation of the philosophy of More and Harrington. His interest in West Jersey[777] led him to make extensive investments in the enterprise; but notwithstanding the zeal and energy with which it was pushed, the result was far from satisfactory. The disputes between Fenwick and the creditors of Byllynge, and the transfer by the former of a large portion of his interest to Eldridge and Warner in security for a debt, left a cloud upon the title of land purchased there, and naturally deterred people from emigrating. False reports detrimental to the colony were also circulated in England, while the claim of Byllynge, that his parting with an interest in the soil did not affect his right to govern, and the continued assumption of authority by Andros over East Jersey and the ports on the Delaware, added to the feeling of dissatisfaction. This is clearly shown in a pamphlet published in 1681, the preface of which says it was put forth “to contradict the Disingenuous and False Reports of some men who have made it their business to speak unjustly of New Jersey and our Proceedings therein: As though the Methods of Settlement were confused and Uncertain, no man Knowing his own Land, and several such idle Lying Stories.”[778]
It was in this condition of affairs that Penn conceived the idea of obtaining a grant of land in America in settlement of a debt of £16,000 due the estate of his father from the Crown. We have no evidence showing when this thought first took form in his mind, but his words and actions prove that it was not prompted in order to better his worldly condition. Certain it is that the eyes of the Friends had long been turned to what is now Pennsylvania as a spot upon which they might find a refuge from persecution. In 1660, when George Fox first thought of a Quaker settlement in America, he wrote on this subject to Josiah Coale, who was then with the Susquehanna Indians north of Maryland. The reply from Maryland is dated “eleventh month, 1660,” and reads,—
“Dear George,—As concerning Friends buying a piece of Land of the Susquehanna Indians, I have spoken of it to them, and told them what thou said concerning it; but their answer was that there is no land that is habitable or fit for situation beyond Baltimore’s liberty till they come to or near the Susquehanna’s fort.”
In 1681 Penn, in writing about his province, said: “This I can say, that I had an opening of joy as to these parts in the year 1661 at Oxford twenty years since.” The interest which centred in West Jersey caused the scheme to slumber, until revived by Penn in 1680.
The petition to the King was presented about the 1st of June, 1680. It asked for a tract of land “lying North of Maryland, on the East bounded with Delaware River, on the West limited as Maryland is, and Northward to extend as far as plantable, which is altogether Indian.” This, “his Majty being graciously disposed to gratify,” was referred to the Lords of Trade and Plantations, and if it should meet with their approval, they were to consider “such restrictions, limitations, and other Clauses as were fitting to be inserted in the Grant.”
The proceedings which followed prevented the issue of the charter for some time. “A caution was used,” says Chalmers, “in proportion to the inattention with which former patents had been given, almost to every petitioner. Twenty years had now taught circumspection, and the recent refractoriness of Massachusetts had impressed the ministers with a proper sense of danger, at least of inconvenience.” The agents of the Duke of York and of Lord Baltimore were consulted about the proposed boundaries, and the opinions of Chief-Justice North and the Attorney-General were taken on the same subjects, as well as on the powers that were to be conferred. The charter as granted gave to Penn and his successors all the territory between the fortieth and forty-second degrees of latitude, extending through five degrees of longitude west from the Delaware River, with the exception of that part which would fall within a circle drawn twelve miles around New Castle, the northern segment of which was to form the boundary between Penn’s province and the Duke of York’s colonies of Delaware. It was supposed that such a circle would be intersected on the west by the fortieth degree of latitude, the proposed boundary between Pennsylvania and Maryland. This erroneous opinion was the cause of a prolonged litigation. The allegiance of the Proprietary and of the inhabitants was reserved to the Crown. The right to govern was vested in Penn. He could appoint officers, and with the consent of the people make such laws as were necessary; but to insure their unison with those of England they were to be submitted to the Crown within five years for approval. He could raise troops for the defence of his province, and collect taxes and duties; but the latter were to be in addition to those ordered by Parliament. He could pardon all crimes except treason and wilful murder, and grant reprieves in such cases until the pleasure of the King should be known. The Bishop of London had the power to appoint a chaplain on the petition of twenty of the inhabitants, and an agent was to reside near the Court to explain any misdemeanor that might be committed.
The charter was signed March 4, 1681, and on the next day Penn wrote to Robert Turner,—
“After many waitings, watchings, solicitings, and disputes in Council, this day my country was confirmed to me under the Great Seal of England, with large powers and privileges, by the name of Pennsilvania, a name the King would have given in honor of my father. I chose New Wales, being as this a pretty hilly country, ... for I feared lest it should be looked as a vanity in me and not as a respect in the King, as it truly was, to my father, whom he often mentions with praise. Thou mayst communicate my graunt to friends, and expect shortly my proposals; ‘tis a clear and just thing; and my God, that has given it me through many difficulties, will, I believe, bless and make it the seed of a nation. I shall have a tender care to the government, that it will be well laid at first.”
On the 2d of April a royal proclamation, addressed to those who were already settled within the province, informed them of the granting of the patent, and its character. Six days afterwards Penn prepared a letter to be read to the settlers by his representative, couched in language of friendship and affection. He told them frankly that government was a business he had never undertaken, but that it was his wish to do it uprightly. You are “at the mercy of no governor,” he said, “who comes to make his fortune great; you shall be governed by laws of your own making, and live a free and, if you will, a sober and industrious people.” On the same day he gave to his kinsman, William Markham, whom he had selected to be his deputy-governor, and who was to precede him to Pennsylvania, instructions regarding the first business to be transacted. Two days afterwards he furnished him with his commission and more explicit directions, and Markham shortly afterwards sailed for America, and probably landed in Boston, where his commission is recorded. By the 15th of June he had reached New York, and Brockholls on the 21st issued an order addressed to the civil officers within the limits of Pennsylvania, yielding to Markham his authority as the representative of the Duke of York. Markham carried letters from the King and from Penn to Lord Baltimore. The former recommended “the infant colony and its leader to his friendly aid.” He also required the patentee of Maryland “to make a true division of the two provinces according to the boundaries and degrees expressed in their patents.” The letter of Penn authorized Markham to settle the boundaries. Markham met Lord Baltimore in August, 1681, and while at his house was taken so ill that nothing was decided upon.