At this point Penn’s connection with America begins. The province of New Jersey,
comprising the country
between the Hudson and Delaware rivers on the east and west, had been granted in March
1663-1664 by Charles II to his brother; James in turn had in June of the same year leased it to Lord Berkeley and Sir G. Carteret in equal shares. By a deed, dated 18th of March
1673-1674, John Fenwick, a Quaker, bought one of the shares, that of Lord Berkeley (Stoughton erroneously says Carteret’s) in trust for Edward Byllinge, also a Friend, for £1000. This sale was confirmed by James, after the second Dutch War, on the 6th of August 1680. Disputes having arisen between Fenwick and Byllinge, Penn acted as arbitrator; and then, Byllinge being in money difficulties, and being compelled to sell his interest in order to satisfy his creditors, Penn was added, at their request, to two of themselves, as trustee.
The disputes were settled by Fenwick receiving ten out of the hundred parts into which the province was
divided with a considerable sum of money, the remaining ninety parts being afterwards put up for sale. Fenwick sold his ten parts to two other Friends, Eldridge and Warner, who thus, with Penn and the other two, became masters of West Jersey,
West New Jersey, or New West Jersey, as it was indifferently
called. The five proprietors appointed three commissioners, with instructions dated from London the 6th of August 1676, to settle disputes with Fenwick (who had bought fresh land from the Indians, upon which Salem was built, Penn being himself one of the settlers there) and to purchase new territories, and to build a
town, New Beverley, or Burlington, being the result. For the new colony Penn drew up a constitution, under the title of “Concessions.”
The greatest 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. 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. Imprisonment for debt was not abolished (as Dixon states), but was reduced to a minimum, while theft was punished by twofold restitution either in value or in
labor to that amount. 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 judgment as the justices should have done.”
The justices and constables, moreover, were
elected by the people, the former for two years only. Suitors might plead in person, and the courts were public. Questions between Indians and settlers were to be arranged by a mixed jury. 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 Jay 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) undertook 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,
traveled 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 the 24th of October. 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 considerable eloquence and effect. The bill, however, fell to the ground at the sudden prorogation.