546 
PENN, 
them “ children or brothers”only ; for often parents were 
apt to whip their children too feverely, and brothers 
fometimes would differ; neither would he compare the 
friendfhip between him and them to a chain, for the rain 
might fometimes ruft it, or a tree might fall and break it; 
but he (hould confider them as the fame flefh and blood 
with the Chriftians, and thefame.asif one man’s body were 
to be divided into two parts. He then took up the parch¬ 
ment, and prefented it to the Sachem who wore the horn 
in the chaplet, and defired him and the other Sachems 
to preferve it carefully for three generations, that their 
children might know what had pafied between them, 
juft as if he had remained himfelf with them to re¬ 
peat it.” 
The Indians, in return, made long and (lately harangues; 
of which, however, no more feems to have been remem¬ 
bered, but that “they pledged themfelves to live in love 
with William Penn and his children, as long as the fun 
and moon (hould endure.” And thus ended this famous 
treaty ; of wdiich Voltaire has remarked, with fo much 
truth and feverity, “that it (vas the only one ever con¬ 
cluded between Savages and Chriftians that was not rati¬ 
fied by an oath, and the only one that never was bro¬ 
ken !” 
Such, indeed, was the fpirit in which the negociation 
W'as entered into, and the correfponding fettlement con- 
duffed, that, for the fpace of more than feventy years, 
and fo long indeed as the Quakers retained the chief 
power in the government, the peace and amity which 
had been thus folemnly promifed and concluded, never 
was violated; and a large and moft ftriking, though foli- 
tary, example afforded, of the facility with which they 
who are really fincere and friendly in their own views, 
may live in harmony even with thofe who are fuppofed 
to be peculiarly fierce and faithlefs. 
William Penn now held an aflembly, in which fifty-nine 
important laws were palled in the courfe of three days. 
The moft remarkable were thofe which limited the num¬ 
ber of capital crimes to two, murder and high treafon ; 
and which provided for the reformation as well as the pu- 
nifhment of offenders, by making the prifons places of 
compulfive induftry, fobriety, and inftruftion. It was 
likewife enabled, that all children, of whatever rank, 
fhould be inltructed in fonie art or trade. The fees of 
law-proceedings were fixed, and infcribed on public ta¬ 
bles ; and the amount of fines to be levied for offences 
alfo limited by legiflative authority. Many admirable 
regulations were added, for the encouragement ofinduftry, 
and mutual ufefulnefs and efteem. 
Philadelphia, the capital of the province, was next to 
be laid out, of which, at the time of Penn’s arrival, not 
a houfe was completed; the colonifts having, in general, 
no better lodgings than caves, hollowed out of the high 
banks of the river : the very plot fixed on for the city 
was claimed by fome Swedes, to whom the governor al¬ 
lowed a greater quantity cf land in exchange. This city, 
extending two miles in length and one in breadth, and 
abutting at each end on a navigable river, was now 
planned, with admirable boldnefs, convenience, and re¬ 
gularity, and laid out under the infpeftion of Thomas 
Holmes, furveyor-general to the province. Ere twelve 
months had elapfed, the rudiments of the future metro¬ 
polis (liowed themfelves in about fourfeore dwellings, 
the feats of freedom, peace, and induftry. The governor 
difpatched his plan to the committee of the Free Society 
of Traders, accompanied with a defeription (the beft 
extant of thefe times) of the country, its natural hiftory, 
and aborigines: this defeription is inlerted in the collec¬ 
tion of his works before mentioned. The firft jury was 
impannelled here early in 1683 ; and one Pickering was 
tried, w ith others his acceffaries, before the governor and 
council, and convicted of counterfeiting the Spanifh filver 
money current in that province. His fentence difcovers 
the fame fpirit of mildnefs and equity, which, at this 
day, conftitutes the praife and the efficacy of the criminal 
code of Pennfylvania. He was to pay a fine of forty 
pounds towards the building of a court-houfe, (landing 
committed till payment; find fecurities for his good be¬ 
haviour; and make reftitution, in good filver, to the 
holders of his bale com, which, being firJl melted clown, was 
to be rejlored to him. Various legiflative, economical, and 
religious, meafures, together with a tedious difpute with 
lord Baltimore, on the fubjeft of the boundary-line be¬ 
tween this province and Maryland, continued to occupy 
Penn till about Midfummer 1684; when he found it 
needful, on various confiderations, to return to England. 
His intereft at court had declined during his abfence : 
but it was now reftored, upon the death of Charles II. by 
the acceffion of his more immediate patron James II. He 
made ufe of his influence for the ufe of his friends, the 
Quakers, who ftill lay under the fcourge of penal ftatutes; 
and for the gratuitous fervice of many others. I11 parti¬ 
cular he exerted himfelf in favour of the meafure at that 
time fo much, though fo infincerely, held out by the 
court, of univerfal liberty of confidence. His intimate 
reception at court, and the appearance of being in fome 
waytrufted or employed by the king, now fubje£led him 
to the general imputation of being a concealed Papift. 
Even his old acquaintance, Dr. Tillotfon (afterwards 
archbifnop of Canterbury), fufpedled him : but, fome ex- 
preflions of Tillotfon’s on the fubjedt coming to Penn’s 
ears, a correfpondence enfued between them, at the clofe 
of which Tillotfon acknowledged himfelf fully fatisfied 
that there exifted no juft grounds for the furmife. 
About this time (befides a further account of his pro¬ 
vince) Penn publifhed feveral pieces on his favourite to¬ 
pic, liberty of confcience, one of which was entitled 
“ Good Advice to the Church of England, Roman Ca¬ 
tholic, and Proteftant Diflenter, in which it is endea¬ 
voured to be made appear, that it is their duty, principle, 
and intereft, to abolifli the penal laws and tells.” 
The lad occafion in which we have to view Penn in 
connexion with the court of James, is in an occafional 
attendance on the movements of the latter, this year, 
through feveral of the midland counties. Penn feems to 
have made ufe of feveral intervals in this progrejs, to pay 
religious vifits to his friends, and to preach to the people. 
On fome of the latter occafions the king too was prelent to 
hear him. At Oxford he remonftrated with James on his 
arbitrary treatment of the fellows of Magdalen-college, 
and attempted a mediation between them and the king, 
which he farther profecuted afterwards at Windfor; but 
it proved abortive. 
The revolution brought Penn again into difficulties, as 
a fufpefled Papift, or Jefuit, and a fecret agent for the old 
government. On the 10th of December, 1688, walking 
in Whitehall, he was lent for by the lords of the council, 
then fitting, who, though nothing was laid to his charge, 
obliged him to give lureties for his appearance on the firft 
day of the next term : he was continued on thefe to the 
Ealler term following, on the lad day of which he was 
cleared in open court. In 1690 he was again brought 
before the council, on an accuiation of holding a corre¬ 
fpondence with the late king James; he appealed to king 
William, wdio, after a conference of near two hours, in¬ 
clined to acquit him ; but, to pleafe fome of the council, 
lie was held upon bail for a while, and in Trinity term of 
the fame year again difeharged. He was yet a third time 
attacked, and his name inferred in a proclamation, dated 
July 18th this year, wherein (among divers of the nobi¬ 
lity, and others to the number of eighteen) he was 
charged with adhering to the king’s enemies ; but, proof 
failing refpedling him, he was again cleared by order of 
the court of King's Bench. 
He now purpofed to go again to his province, and 
gave out propofals for a new fettlement there. It appears 
that, though his (lay in England might be neceflary to 
the fecurity of his title as proprietary, it was highly de¬ 
trimental both to his interefts in America, and, through 
deficiency hitherto of revenue from, it, to his private 
1 eftate. 
