The History of the Americans

William Penn returned from Ireland in August 1670, and soon found himself arrested, along with fellow Quaker William Mead, for preaching to a crowd in public in violation of “the common law,” an ambiguity that would play out during their momentous trial. The trial would end in their acquittal, notwithstanding egregious intimidation of the jury by the judge, the Lord Mayor Sir Samuel Starling. Among other exciting moments, Starling threw the principled foreman of the jury, Edward Bushel, in jail. Bushel’s suit for a writ of habeas corpus would lead to a verdict that established an inviolate principle in Anglo-American law, that judges may not intimidate juries.

Penn and Mead were acquitted under the glare of remarkable publicity for the day, and the case would establish Penn as a nationally famous advocate for Dissenting religion.

After his acquittal, Penn finally made it home to visit his dying father, Sir William Penn, with whom he reconciled in a poignant father-son moment.

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#212 William Penn Before Pennsylvania 1

#208 What You Need to Know About English Politics in the 1680s 1: The Exclusion Crisis

Primary references for this episode (Commission earned for Amazon purchases through the episode notes on our website)

Andrew R. Murphy, William Penn: A Life

Julius J. Marke, “The Trial of William Penn,” Litigation, Fall 1979.

Robert and Marilyn Aitken, “Bushell’s Case,” Litigation, Winter 2010.

The purpose of this episode is very simple:  If you find yourself driving in your car with others this weekend (or on some future Fourth of July) and you and your passengers – perhaps they are your children and now they are a captive audience at your mercy – might enjoy hearing the Declaration of Independence and knowing just a little bit about the heroic signers of it, play this episode!

For those of you too down-to-earth to say “semiquincentennial,” happy 250th Fourth everybody, and please pass this around to anybody who you think might be interested in it.

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The Declaration of Independence (National Archives transcription)

[Announcement: From November 4 through 6, 2026, the Foundation for Individual Rights and Expression (FIRE) is hosting its inaugural Soapbox free speech conference in Philadelphia, the city where so many of America’s defining debates over liberty began. I and the wife of the pod will be there and would love to hoist one with listeners of the History of the Americans. More compellingly, there will be several far more famous podcasters for whom free speech is an important value. Were he able to attend, William Penn would be there too, probably as a keynote speaker.

Soapbox will bring together leading writers, comedians, scholars, and others for three days of lively debate and thought-provoking conversations about free expression, history, law, culture, and current events. Learn more and grab early-bird tickets before July 4 at soapbox.fire.org, link in the episode notes.  Listeners of The History of the Americans Podcast can use promo code HISTORY in all caps to save an additional $50 on their tickets. I hope to see you there.]

This episode is about William Penn, founder of three American colonies, before he founded them. The best way to describe the story to be told here is with a quotation from David Hackett Fischer, in his book Albion’s Seed:

[The] “Delaware culture area” developed not by some random process of social selection, but from the conscious will and purpose of its Quaker founders. The leading role was played by one founder in particular, William Penn, who served Pennsylvania, Delaware, and also West Jersey as lawgiver, social planner, organizer, tireless promoter, and regulator of the immigration process. The cultural history of this region cannot be understood without knowing something about the mind and character of this extraordinary man.

William Penn was a bundle of paradoxes – an admiral’s son who became a pacifist, an undergraduate at Oxford’s Christ Church who became a pious Quaker, a member of Lincoln’s Inn who became an advocate of arbitration, a Fellow of the Royal Society who despised pedantry, a man of property who devoted himself to the welfare of the poor, a polished courtier who preferred the plain style, a friend of kings who became a radical Whig, and an English gentlemen who became one of Christianity’s great spiritual leaders.

This episode and the next will explore the mind and character “of this extraordinary man.”

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Primary references for this episode

David Hackett Fischer, Albion’s Seed: Four British Folkways in America

Andrew R. Murphy, William Penn: A Life

Richard Bell, Rick to his friends and podcast hosts, is Professor of History at the University of Maryland. He is the author of the book Stolen: Five Free Boys Kidnapped into Slavery and their Astonishing Odyssey Home which was a finalist for the George Washington Prize and the Harriet Tubman Prize. He has held major research fellowships at Yale, Cambridge, and the Library of Congress and is the recipient of the National Endowment of the Humanities Public Scholar award and the Andrew Carnegie Fellowship. His new book, The American Revolution and the Fate of the World, published by Penguin, recently won the Journal of the American Revolution Book of the Year Award.

The wife of the pod and I saw Rick speak to a small group in Austin in the beginning of April, and his talk stimulated me to buy and read his new and very timely book on the global history of the American Revolution.  I enjoyed it very much, insofar as it is packed with the sort of interesting stories that are the stock-in-trade of the History of the Americans Podcast, and of course recommend that you run out and buy it!

In our conversation we discuss two of the fourteen chapters in the book, one on the grassroots antiwar movement that emerged in Great Britain early in the war, and the other on Spain’s remarkable contribution to the ultimate patriot victory. I hope you enjoy listening as much as I had fun doing it.

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This is the story of the division of the colony of New Jersey into East New Jersey and West New Jersey, and the bizarre legal and financial machinations that resulted ultimately in the settlement of the region by Quakers in the second half of the 1670s. Fundamentally, those machinations were between two somewhat disreputable Quakers, John Fenwick and Edward Byllynge. Their longstanding quarrel would threaten to spill out into non-Quaker circles, so William Penn intervened to arbitrate between them and save the Friends from embarrassment. It was this intervention that would first involve Penn in North American colonization, and just a few years down the road would result in the founding of Pennsylvania.

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Useful prerequisite episodes:

#167 Ohhhh! Whaddabout New Jersey?

#171 New Jersey Is Revolting!

Primary references for this episode

John E. Pomfret, The Province Of West New Jersey 1609-1702 (Out of print – best found in libraries)

The concessions and agreements of the proprietors, freeholders and inhabitants of the province of West New-Jersey, in America

Introduction to and summary of the West Jersey Concessions

Quintipartite Deed