Chapter IV

The Popish Plot—Settlement of Virginia—The Royal Cession to

Penn—Christening of Pennsylvania—Outlines of Penn’s Constitution

The year 1678 seemingly opened with brighter prospects for those who had

suffered so severely in the past for their religious beliefs. The

clearest sighted members of Parliament must have realized the detriment

to England when such numbers of peaceable citizens, blameless in every

respect save for their form of worship, were forced to abandon their

native land, taking with them their possessions and their industries,

and must have realized that such persecutions must end.

Penn, in spite of being a Quaker, had won the esteem of all classes by

his high character and his ability and enjoyed the confidence of some of

the most influential personages in the kingdom. Hearing of this change

of attitude adopted by Parliament, he laid aside for the time being all

thoughts of his transatlantic commonwealth and gave himself up to the

work of securing recognition of his great principle of liberty of

conscience. Profiting by the favor in which he stood with the Duke of

York, he endeavored to obtain through him the submission to Parliament

of an Act of Toleration. The Duke looked favorably on the plan, but

being himself a member of the Church of Rome, maintained that such a law

should not be restricted to Protestant dissenters only, but apply also

to Catholics. All seemed to be going well and Penn’s efforts bade fair

to be crowned with success, when suddenly an event occurred which

deferred for years the passage of this act and added fresh fuel to the

fires of persecution. This was the invention of the famous Popish Plot

by an infamous wretch named Titus Oates. Formerly a clergyman in the

Anglican Church, he had been deprived of his living because of his

shameful excesses and fled to Spain, where he joined the Jesuits.

Expelled from this order also for improper conduct, he revenged himself

by turning informer and swore to the existence of a conspiracy among the

Jesuits to massacre all the prominent Protestants and establish the

Catholic religion in England. Even the King, for permitting the

persecution of Catholics in his kingdom, was not to be spared, nor the

Duke of York, who was not credited with much real devotion to that

faith.

It is doubtful whether there ever was any real foundation for this

atrocious charge based by Oates upon letters and papers intrusted to him

by the Jesuits and which he had opened from curiosity. Nevertheless the

story was generally credited in spite of the absurdity of the statements

of such a worthless wretch, and aroused the wildest excitement

throughout the country, in consequence of which the established church,

alarmed for its safety, enforced more rigorously than ever the edicts

against all dissenters. Seeing his hopes of religious freedom in England

once more fading, Penn bent his efforts the more resolutely toward the

establishment of a haven in America. He had long ago decided the

principles by which his new commonwealth was to be governed; namely, the

equality of all men in the eyes of the law, full liberty of conscience

and the free worship of religion, self-government by the people, and the

inviolability of personal liberty as well as of personal property—a form

of government which, if justly and conscientiously carried out, must

create indeed an ideal community such as the world had never yet seen.

Nor was it an impossibility, as was proved by the gratifying success of

the New Jersey colony, where a part of these principles, at least, had

already been put into practice.

But where was this model State to be founded? It must be on virgin soil,

where no government of any kind already existed, and where the new ideas

could be instituted from the beginning. As the most suitable spot for

this purpose Penn’s glance had fixed upon a tract of land lying west of

New Jersey and north of the royal province of Maryland, which had been

founded in 1632 by a Catholic nobleman, Lord Baltimore, as a refuge for

persecuted members of his own faith, but which also offered liberty to

those of other sects. The only occupants of this territory were a few

scattered Dutch and Swedish settlers, but they were so small in number

and so widely separated that they need scarcely be taken into

consideration as possible obstacles to Penn’s plans after the arrival of

the class of colonists he favored in numbers sufficient to populate this

wide extent of land. For the rest the country was still an unbroken

wilderness, where one could wander for days hearing no sound but the

songs of the countless birds that filled the vast forests. As to the

natives, in spite of their undeniable cruelty and savage cunning when

provoked or wronged, it was quite possible to make friends and allies of

them by kindness and fair treatment, as the New Jersey settlers had

already learned.

This was the territory of which Penn now determined to secure possession

if possible, a task which promised no great difficulty, as the English

crown claimed sovereignty over all that portion of North America lying

between the thirty-fourth and the forty-fifth degrees north latitude, on

the strength of the discovery of its coast line by English navigators.

King James the First had given a patent for part of these possessions to

an English company, the grant including all the land from the Atlantic

to the Pacific, and some attempt had been made to found colonies and

develop the riches of the country, but later this company was divided

into two, one taking the northern portion, the other the southern. This

latter, called the London Company, lost no time in fitting up a ship

which entered Chesapeake Bay in 1607, sailed up the James River, and

landed its passengers at what was afterward called Jamestown, the first

English colony in America. These colonists were soon followed by others,

and by the year 1621 the settlement had so increased that the London

Company, which had retained the right of ownership, exercised through a

governor, granted a written constitution to the province, which they

named Virginia. In 1624, however, this company, having some disagreement

with King James, was dissolved and Virginia became the property of the

crown. This being followed by the voluntary withdrawal of the parties

owning the northern half of the territory, the tract between the

fortieth and forty-eighth degrees, known as New England, was then deeded

by James to the Plymouth Company, which made no attempt at colonization

itself, but sold land to others, part of which thus came into possession

of the Puritan emigrants.

In 1639, however, during the reign of Charles the First, their charter

expired and the lands still belonging to them, including what were

afterward the States of Pennsylvania, New York, and New Jersey, again

reverted to the crown. The district lying between the Delaware and

Hudson Rivers had been claimed by the Dutch—Hudson, the English

navigator who discovered it, having been then in the service of Holland;

and here between Delaware Bay and the Connecticut River they had founded

their colony of New Netherlands. In 1655 the adjoining territory on the

west bank of the Delaware, comprising the present State of Delaware and

the southern part of Pennsylvania, had been bought from the Indians by a

Swedish trading company at the instigation of King Gustavus Adolphus and

a settlement founded under the name of New Sweden. Not proving the

commercial success hoped for, this was afterward abandoned. England’s

acquisition of New Netherlands as the prize of her naval victories over

Holland, the formation of the colonies of New York and New Jersey, the

possession of the latter by the Quakers and the drafting of its

constitution by William Penn,—all these have been related in the

preceding chapter.

The territory which Penn now had in mind, therefore, had belonged to the

crown since the dissolution of the Plymouth Company and was again at the

disposal of the King. As to Penn’s confidence in his ability to obtain

possession of it without difficulty, it will be remembered that he had

inherited from his father a claim of fifteen thousand pounds against the

royal exchequer. As neither the King nor the Duke of York were able to

repay this sum, the unpaid interest on which, during the ten years since

the admiral’s death, amounted to more than a thousand pounds, Penn felt

sure the King would welcome a proposal to cede this tract of land in

America as payment of his claim—certainly a simple method of releasing

himself from this large debt.

But the affair was not to be so easily settled after all, for the time

was past when the sovereign had absolute power to dispose of crown

possessions as he would, the privy council now having a voice in the

matter, and to obtain their consent was difficult, Penn’s ideas in

regard to the government of this new State being regarded not only as

preposterous, but also as dangerous to itself and to the crown. He was

urged, therefore, by his friends to make no mention of his real purpose

in his petition to the King, lest he be forced to renounce his

long-cherished plan. Although he accepted this prudent advice, there

were still many obstacles to overcome, owing to the difficulty of

defining any exact boundaries in that trackless wilderness and the

precautions necessary to incorporate in the patent all possible security

for the maintenance of crown prerogatives.

While the matter was still before the council and the result by no means

certain, Penn took advantage of an opportunity which offered itself of

becoming a joint owner of New Jersey, by which, even should his petition

be refused, his plans could still be carried out in that province, if

only on a small scale. Sir George Carteret, tired of his colonial

possessions, offered to sell his ownership, and Penn, with a number of

others, concluded the purchase. Again the public confidence in him and

his enterprises was shown by the haste with which hundreds of families,

especially from Scotland, took advantage of the liberal terms offered to

emigrants in his published prospectus and enrolled their names as future

colonists. At length, after much deliberation, and owing largely to the

influence of the Duke of York, to whom Penn had again applied for

assistance, the council agreed to comply with his proposal, partly also,

perhaps, from the fear that in case they refused Penn might insist upon

the payment of his debt, for which at the moment no means were

available.

On the twenty-fourth of February, 1681, the King signed the deed

granting to Penn the absolute ownership of all that territory extending

from the Delaware River to Ohio on the west and as far as Lake Erie on

the north, covering an area equal to the whole of England, and the fifth

of March, at a special meeting of the privy council, this patent was

delivered to Penn in the presence of the King. As evidence of His

Majesty’s high good-humor on this occasion, a popular anecdote is told.

As Penn, according to the Quaker custom, neither took off his hat on the

King’s entrance nor made the usual obeisance, Charles quietly removed

his own hat, although it was the royal prerogative to remain covered on

entering an assembly of any kind. To Penn’s astonished query as to the

reason for this unusual proceeding he replied smilingly, “It is the

custom at court for only one person to remain covered.”

Another proof of the King’s satisfaction at thus being freed from his

indebtedness to Penn was shown in choosing a name for the new province.

Penn at first suggested New Wales, on account of the mountainous

character of the country, but one of the councillors, who was a Welshman

and none too well disposed toward the Friends, objected to the idea of

giving the name of his native land to an American Quaker colony. His new

domain being as thickly wooded as it was hilly, Penn then proposed

Sylvania, which met with general approval, the King, however, insisting

that Penn’s own name should be placed before it, making Pennsylvania or

“Penn’s woodland.” In vain he protested that this would be looked on as

vanity in him. Charles would hear of no denial, declaring good-naturedly

that he would take the whole responsibility on himself. The name of

Pennsylvania was inserted in the patent, and Pennsylvania it remained.

This document is still in existence, carefully preserved among the State

archives. It is written in old English script on a roll of stout

parchment, each line underscored with red ink and the margins adorned

with drawings, the first page bearing the head of King Charles the

Second. It was a proud and joyful moment for Penn when he received this

deed from the King’s hand, marking the first and most important step

toward the realization of his dreams. “It is a gift from God,” he

declared reverently. “He will bless it and make it the seed of a great

nation.”

The patent conferred upon the new owner the right to divide the province

into counties and municipalities; to incorporate towns and boroughs; to

make laws with the people’s consent; to impose taxes for public

purposes; to muster troops for the defence of the State, and to execute

the death sentence according to martial law—all on condition that no

laws should be made in opposition to those existing in England, that the

royal impost on all articles of commerce should be lawfully paid and

allegiance to the crown duly observed. In case of failure to comply with

these conditions the King reserved the right to assume control of

Pennsylvania in his own person until he should be indemnified to the

full value of the land. Parliament also reserved the right to impose

taxes on the colonists. By the express desire of the Bishop of London it

was stipulated that should twenty or more of the inhabitants of the

province desire the services of a clergyman of the established church,

he should be permitted to dwell among them unmolested. Lastly, Penn, the

owner, in recognition that the land was held in fee of the English

crown, was to pay an annual tribute to the King of England of two

bear-skins, with the fifth part of all gold and silver found in

Pennsylvania at any time.

Penn set to work at once upon the task of drawing up a constitution for

his new colony, “with reverence before God and good-will toward men,” as

he states in the introduction to this instrument. The sovereign power

was to be exercised by the governor, Penn himself, jointly with the

citizens of the commonwealth. For legislative purposes a council of

seventy-two was to be chosen by the people, one-third of which number

was to retire at the end of every year and be replaced by others

selected in the same way. This council was to frame laws and superintend

their execution; to maintain the peace and security of the province; to

promote commerce by the building of roads, trading posts, and harbors;

to regulate the finances; to establish schools and courts of justice and

generally do all that should be required to promote the welfare of the

colony. The only prerogative claimed by Penn for himself was that he and

his lawful heirs and successors should remain at the head of this

council and have the right of three votes instead of one.

In addition to the council of state there was to be an assembly which at

first was to include all free citizens of the State, but later, when

their number became too large, to consist of not more than five hundred

members, to be chosen annually. All laws made by the council must be

submitted for approval or rejection to this assembly, which also had the

right to select candidates for public offices, of whom at least half

must be accepted by the governor.

These were the outlines of Penn’s masterly scheme of government, to

which were added some forty provisional laws to remain in force until

such time as a council of state could be chosen. These included entire

freedom of religious belief and worship, any molester of which was to be

punished as a disturber of the peace, and the prohibition of all

theatrical performances, games of chance, drinking bouts, sports that

involved bloodshed or the torture of animals—all, in short, that could

encourage cruelty, idleness, or godlessness. Prisoners must work to earn

their support. Thieves must refund double the amount stolen or work in

prison until the sum was made up, and all children above the age of

twelve years must be taught some useful trade or occupation to prevent

idleness. Many of these provisional laws and regulations have remained

permanently in force in Pennsylvania, the council being unable to

substitute anything better, and their wisdom has been amply proved by

the experience of more than two hundred years.

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