The Great Events by Famous Historians [Volumes 1-14]

The favor of Charles II and of his brother the Duke of York had been sought by Penn's dying father for his son, and freely promised. But William Penn had a claim more substantial than a royal promise of those days. The crown was indebted to the estate of Admiral Penn for services, loans, and interest, to the amount of sixteen thousand pounds. The exchequer, under the convenient management of Shaftesbury, would not meet the claim. Penn, who was engaged in settling the estate of his father, petitioned the King, in June, 1680, for a grant of land in America as a payment for all these debts.

The request was laid before the privy council, and then before the committee of trade and plantations. Penn's success must have been owing to great interest made on his behalf; for both the Duke of York, by his attorney, and Lord Baltimore opposed him. As proprietors of territory bounding on the tract which he asked for, and as having been already annoyed by the conflict of charters granted in the New World, they were naturally unfairly biassed. The application made to the King succeeded after much debate. The provisions in the charter of Lord Baltimore were adopted by Penn with slight alterations. Sir William Jones objected to one of the provisions, which allowed a freedom from taxation, and the Bishop of London, as the ecclesiastical supervisor of plantations, proposed another provision, to prevent too great liberty in religious matters. Chief Justice North having reduced the patent to a satisfactory form, to guard the King's prerogative and the powers of Parliament, it was signed by writ of privy seal at Westminster, March 4, 1681. It made Penn the owner of about forty thousand square miles of territory.

This charter is given at length by Proud and other writers. The preamble states that the design of William Penn was to enlarge the British empire and to civilize and convert the savages. The first section avers that his petition was granted on account of the good purposes of the son and the merits and services of the father. The bounds of the territory are thus defined: "All that tract or part of land, in America, with the islands therein contained, as the same is bounded on the east by Delaware River, from twelve miles distance northward of New Castle town, unto the three-and-fortieth degree of northern latitude, if the said river doth extend so far northward; but if the said river shall not extend so far northward, then, by the said river, so far as it doth extend; and from the head of the said river, the eastern bounds are to be determined by a meridian line to be drawn from the head of the said river, unto the said forty-third degree. The said land to extend westward five degrees in longitude to be computed from the said eastern bounds; and the said lands to be bounded on the north by the beginning of the three-and-fortieth degree of northern latitude, and on the south by a circle drawn at twelve miles' distance from New Castle, northward and westward, unto the beginning of the fortieth degree of northern latitude; and then by a straight line westward to the limits of longitude above mentioned."

Though these boundaries appear to be given with definiteness and precision, a controversy, notwithstanding, arose at once between Penn and Lord Baltimore, which outlasted the lives of both of them, and, being continued by their representatives, was not in fact closed until the Revolutionary War.

The charter vested the perpetual proprietaryship of this territory in William Penn and his heirs, on the fealty of the annual payment of two beaver-skins; it authorized him to make and execute laws not repugnant to those of England, to appoint judges, to receive those who wished to transport themselves, to establish a military force, to constitute municipalities, and to carry on a free commerce. It required that an agent of the proprietor should reside in or near London, and provided for the rights of the Church of England. The charter also disclaimed all taxation, except through the proprietor, the governor, the assembly, or Parliament, and covenanted that if any question of arms or conditions should arise it should be decided in favor of the proprietor. By a declaration to the inhabitants and planters of Pennsylvania, dated April 2d, the King confirmed the charter, to ratify it for all who might intend to emigrate under it, and to require compliance from all whom it concerned.