At this point Penn's connection with America begins. For the proceedings by which Penn acquired a large proprietary interest in New Jersey see NEW JERSEY : History. For the new colony Penn drew up a constitution, under the title of "Concessions." Great care is taken to make this constitution "as near as may be conveniently to the primitive, ancient and fundamental laws of the nation of England." But a democratic element is introduced, and the new principle of perfect religious freedom stands in the first place (ch. xvi.). With regard to the liberty of the subject, no one might be condemned in life, liberty or estate, except by a jury of twelve, and the right of challenging was granted to the uttermost (ch. xvii.). Imprisonment for debt was not abolished (as Dixon states), but was reduced to a minimum (ch. xviii.), while theft was punished by twofold restitution either in value or in labour to that amount (ch. xxviii.). The provisions of ch. xix. deserve special notice. All causes were to go before three justices, with a jury. "They, the said justices, shall pronounce such judgment as they shall receive from, and be directed by, the said twelve men, in whom only the judgment resides, and not otherwise. And in case of their neglect and refusal, that then one of the twelve, by consent of the rest, pronounce their own judg ment as the justices should have done." The justices and con stables, moreover, were elected by the people, the former for two years only (ch. xli.). Suitors might plead in person, and the courts were public (ch. xxii.). Questions between Indians and settlers were to be arranged by a mixed jury (ch. xxv.). An assembly was to meet yearly, consisting of a hundred persons, chosen by the inhabitants, freeholders and proprietors, one for each division of the province. The election was to be by ballot, and each member was to receive a shilling a day from his division, "that thereby he may be known to be the servant of the people." The executive power was to be in the hands of ten commissioners' chosen by the assembly. Such a constitution soon attracted large numbers of Quakers to West Jersey.
It was shortly before these occurrences that Penn inherited through his wife the estate of Worminghurst in Sussex, whither he removed from Rickmansworth. He now (July 25, 1677) under took a second missionary journey to the continent along with George Fox, Robert Barclay and George Keith. He visited particularly Rotterdam and all the Holland towns, renewed his intimacy with the princess Elizabeth at Herwerden, and, under considerable privations, travelled through Hanover, Germany, the lower Rhine and the electorate of Brandenburg, returning by Bremen and The Hague. It is worthy of recollection that the Germantown (Philadelphia) settlers from Kirchheim, one of the places which responded in an especial degree to Penn's teaching, are noted as the first who declared it wrong for Christians to hold slaves. Penn reached England again on Oct. 24. He tried to gain the insertion in the bill for the relief of Protestant Dissenters of a clause enabling Friends to affirm instead of taking the oath, and twice addressed the House of Commons' committee with consid erable eloquence and effect. The bill, however, fell to the ground
at the sudden prorogation.
In 1678 the popish terror came to a head, and to calm and guide Friends in the prevailing excitement Penn wrote his Epistle to the Children of Light in this Generation. A far more important publi cation was An Address to Protestants of all Persuasions, by Wil liam Penn, Protestant, in 1679; a powerful exposition of the doctrine of pure tolerance and a protest against the enforcement of opinions as articles of faith. This was succeeded, at the general election which followed the dissolution of the pensionary parlia ment, by England's Great Interest in the Choice of this New. Parliament, in which he insisted on the following points: the dis covery and punishment of the plot, the impeachment of corrupt ministers and councillors, the punishment of "pensioners," the enactment of frequent parliaments, security from popery and slavery, and ease for Protestant Dissenters. Next came One Pro ject for the Good of England, perhaps the most pungent of all his political writings. But he was not merely active with his pen. He 'Penn's letter of the 26th of August 1676 says twelve, and Clarkson has followed this; but the Concessions, which were not assented to by the inhabitants until the 3rd of March 1676-1677, say ten.
was at this time in close intimacy with Algernon Sidney, who stood successively for Guildford and Bramber. In each case, owing in a great degree to Penn's eager advocacy, Sidney was elected, only to have his elections annulled by court influence. Toleration for Dissenters seemed as far off as ever.
Penn now again turned his thoughts to America. In repay ment of the debt mentioned above he now asked from the Crown, at a council held on the 24th of June 168o, for "a tract of land in America north of Maryland, bounded on the east by the Delaware, on the west limited as Maryland (i.e. by New Jersey), northward as far is plantable"; this latter limit Penn explained to be "three degrees northwards." This formed a tract of 30o m. by i6o, of extreme fertility, mineral wealth and richness of all kinds. Dis putes with James, duke of York, and with Lord Baltimore, who had rights over Maryland, delayed the matter until March 14, 1681, when the grant received the royal signature, and Penn was made master of the province of Pennsylvania. His own account of the name is that he suggested "Sylvania," that the king added the "Penn" in honour of his father, and that, although he strenu ously objected and even tried to bribe the secretaries, he could not get the name altered. It should be added that early in 1682 Carteret, grandson of the original proprietor, transferred his rights in East Jersey to Penn and eleven associates, who soon afterwards conveyed one-half of their interest to the earl of Perth and eleven others. It is uncertain to what extent Penn retained his interest in West and East Jersey, and when it ceased. The two provinces were united under one governor in 1699, and Penn was a proprietor in 1700. In 1702 the government of New Jersey was surrendered to the Crown.