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IN

X.

N the year 1675, William Penn was engaged in an arbitration between John Fenwick and Edward Byllinge, two members of his own religious society, who had purchased of Lord Berkeley his half share of New Jersey in North America. Having well considered the case, he had made his award; but Fenwick refused to abide by it. This gave him great uneasiness, and produced from him the following friendly letter:

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"JOHN FENWICK!—The present difference betwixt thee and Edward Byllinge fills the hearts of Friends with grief, and with a resolution to take it in two days into their consideration to make a public denial of the person that offers violence to the award made, or that will not end it without bringing it upon the public stage. God, the righteous judge, will visit him that stands off. Edward Byllinge will refer the matter to me again, if thou wilt do the like. Send me word, and, as opprest as I am with business, I will find an afternoon to-morrow or next day to determine, and so prevent the mischief that will certainly follow divulging it in Westminster-hall. Let me know by the bearer thy mind. O John! let Truth and the honor of it in this day prevail! Woe to him that causeth offences! I am an impartial man.

WILLIAM PENN."

This letter in about ten days was followed by a second, in which he could not help rebuking Fenwick on account of his conduct. He stated, however, that the original of the dispute reflected upon both parties, and, what was worse, upon Truth, that is, upon their religious profession as Friends.

In thirteen days he wrote another letter, as follows:

"JOHN FENWICK!-I have upon serious consideration of the present difference (to end it with benefit to you both, and as much quiet as may be), thought my counsel's opinion very reasonable; indeed, thy own desire to have. the eight parts added, was not so pleasant to the other party that it should now be shrunk from by thee as injurious; and when thou hast once thought a proposal reasonable, and given power to another to fix it, 't is not in thy power, nor indeed a discreet or civil thing, to alter or warp from it, and call it being forced. O John! I am sorry that a toy, a trifle, should thus rob men of their time, quiet, and a more profitable employ. I have had a good conscience in what I have done in this affair, and if thou reposest confidence in me, and believest me to be a good and just man, as thou hast said, thou shouldst not be upon such nicety and uncertainty. Away with vain. fancies, I beseech thee, and fall closely to thy business. Thy days spend on, and make the best of what thou hast. Thy grand-children may be in the other world, before the land thou hast allotted will be employed. My counsel, I will answer for it, shall do thee all right and service in the affair that becomes him, who, I told thee at first,

should draw it up as for myself. If this cannot scatter thy fears, thou art unhappy, and I am sorry.

"Thy Friend

WILLIAM PENN."

In the year 1676, William Penn came accidentally into the situation of a manager of colonial concerns in New Jersey in North America, a situation not only important in itself, but which produced the most important results; for, by being concerned there he was by degrees led to, and fitted for, the formation of a colony of his own. Lord Berkeley, who was joint proprietor of New Jersey with Sir George Carteret, had in the preceding year sold his half share of it to John Fenwick in trust for Edward Byllinge. It was on this subject that the dispute arose between the latter, which William Penn has just been mentioned to have arbitrated, and which since that time. he had by means of the most exemplary perseverance brought to an amicable issue. As soon as the adjustment took place, Fenwick in company with his wife and family, and several Quakers, embarked for America in the ship Griffith. They landed at a "pleasant rich spot on the Delaware which they called Salem." Byllinge, however, who had been drained of his money by the purchase, and who since the sailing of Fenwick had experienced misfortune, found himself unable to meet the pecuniary demands which were brought against him. He agreed, therefore, to deliver over his new property in trust for his creditors; but in consenting to do this, he had his eye fixed upon the friendly assistance of William Penn. He, therefore, applied to the latter with the most carnest entreaty to become a joint trustee with Gawen Laurie, of

London, and Nicholas Lucas, of Hertford, two of the said creditors, to carry his intention into effect. To this, but not till after much consideration, he assented.

His new office requiring exertion, and this immediately, he was at once overwhelmed in business. The first thing he did in conjunction with the trustees, was to agree with Sir George Carteret upon a division of the province. They allotted to the latter the castern part of it, which by this time was tolerably well peopled; and the western, in which no settlements had yet been made, they took in behalf of Byllinge to themselves. From this time the former took the name of East, and the latter that of West New Jersey, the dividing line running "straight north from Egg Harbor to the utmost branch of Delaware River.”

This division having been made, they then subdivided their own portion into a hundred lots. Ten of these they gave to Fenwick as a repayment for time, trouble, and money advanced by him to Lord Berkeley, and the remaining ninety they reserved for sale, for the benefit of the creditors of Byllinge.

The next step was to form a Constitution for those who in consequence of purchase were to settle in the new land. This task, the most difficult, fell almost exclusively upon William Penn. He, therefore, drew up what he called Concessions, or terms of grant and agreement, which were to be mutually signed. The great outline of these may be comprehended in few words. The people were to meet annually to choose one honest man for each proprietary, who had signed the Concessions. They who were so chosen, were to sit in assembly. They were to make, alter, and repeal laws. They were also to choose a

governor, or commissioner, with twelve assistants, who were to execute these laws, but only during their pleasure. Every man was to be capable both of choosing and being chosen. No man was to be arrested, imprisoned, or condemned in his estate or liberty, but by twelve men of the neighborhood. No man was to be imprisoned for debt; but his estate was to satisfy his creditors as far as it would go, and then he was to be set at liberty to work again for himself and family. No man was to be interrupted or molested on account of the exercise of his religion. Such was the simple outline of the Concessions, "by an adherence to which he hoped that he had laid a foundation for those in after ages to understand their liberty both as men and Christians, and by an adherence to which they could never be brought into bondage but by their own consent."

Having made these and other arrangements, he and his colleagues gave notice of the same in a public letter which they signed, and circulated through the kingdom. Through the medium of this, they particularly invited those who were of their own religious society to become the new settlers. They cautioned these, however, against leaving their country out of any idle curiosity, or rambling disposition, or improper motive, or to the violation of the feelings of their kindred, or of their religious unity as Friends. To this caution they annexed "A Description of West New Jersey," of its climate, soil, and produce, in order that none might be deceived, or have occasion afterwards to repent of their undertaking.

In the early part of 1677 William Penn continued to be employed on behalf of Byllinge. It appears that he

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