*

ceive, it is made a fundamental in our conftitution and government, that the King of England cannot justly take his subjects goods without their confent: this needs no more to be proved than a principle, it is jus indigene, an home-born right, declared to be law by divers ftatutes; as in the great charter, ch. 29, and thirty-fourth Ed. III. ch. 2; again twenty-fifth Ed. ch. 7. To give up the power of making laws is to change the government, to fell or rather refign ourfelves to the will of another, and that for nothing; for we buy nothing of the Duke, if not the right of an undisturbed colonizing, with no di minution, but expectation of fome increase of thofe freedoms and privileges enjoyed in our own country. We humbly fay, that we have not loft any part of our liberty by leaving our country; but we tranfplant to a place, with exprefs limitation to erect no polity contrary to the ef tablished government (of England) but as near as may be to it; and this variation is allowed, but for the fake of emergencies; and that latitude bounded with thefe words, for the good of the adventurer and planter. This tax is not to be found in the Duke's conveyances, but is an after bufinefs. Had the planters forefeen it, they would fooner have taken up in any other plantation in America (a plain intimation that no fuch tax was impofed in any other American plantation.) Befide, there is no end of this power; for fince we are by this precedent affeffed without any law, and thereby excluded our English right of common affent to taxes; what fecurity have we of any thing we poffefs? We can call nothing our own, but are tenants at will, not only for the foil, but for all our perfonal eftates; we endure penury, and the sweat of our brows, to improve them at our own hazard only. This is to tranfplant from good to bad. This fort of conduct has destroyed government, but never raifed one to any true greatness.+"

The paper prefented to the Duke's commiffioners evidently proves, that it was the opinion of thofe gentlemen, who were Quakers, that no tax could be justly impofed upon the inhabitants with out their own confent firft had, and by the authority of their own General Affembly. The report of the council in favour of the aggrieved, and the relief that followed, were virtual conceffions to the fame purport. This will not be judged wholly unprecedented by

The manufcript copy contains a number of authorities from Brafton, Fortefque, the Petition of Right, &c. See Smith, p. 120, the note.

Smith, p. 117, 123.

thofe

thofe who are acquainted with what happened relative to the county-palatine and city of Chefter, in the thirty-fifth year of the reign of Henry VIII. The inhabitants complained in a petition to the king, "that for want of knights and burgeffes in the court of parliament they sustained manifold damages, not only in their lands, goods, and bodies, but in the civil and politic governance and maintenance of the commonwealth of their faid county and that while they had been always bound by the acts and statutes of the faid court of parliament, the fame as other counties, cities, and boroughs that had knights and burgeffes in faid court, they had often been touched and grieved with acts and statutes made within the faid court, as well derogatory unto the most ancient jurifdictions, liberties, and privileges of the faid county-palatine, as prejudicial unto the commonwealth, quietnefs and peace of his majesty's fubjects." They proposed to the king, as a remedy, "that it would pleafe his highness, that it be enacted; with the affent of the lords fpiritual and temporal, and by the commous in parliament affembled, that from the end of the feffion the county-palatine shall have two knights for the faid county, and likewife two citizens to be burgeffes for the city of Chester." The complaint and remedy were thought to be fo juft and reasonable, that the relief for which they prayed was granted, and they were admitted to send representatives to parliament.

PENNSYLVANIA AND DELAWARE.

Mr. William Penn, one of the joint purchasers of the western part of the Jerfeys, having received correct information of the country to the weftward of the Delaware, while engaged in the adminiftration of the joint purchase, became defirous of acquiring a feparate estate.

He accordingly presented a petition to Charles II. in June, 1680, ftating not only his relationship to the late admiral, but that he was deprived of a debt due from the crown when the exchequer was shut, and praying for a grant of lands, lying to the northward of Maryland, and weftward of the Delaware: adding, that by his interest he fhould be able to fettle a province which might in time repay his claims.

Having the profpect of fuccefs, he copied from the charter of Maryland the sketch of a patent, which in November was laid before the attorney-general for his opinion. Mr. Penn had the fame object in view as Lord Baltimore, the guarding against the exertions of prerogative, which both had found to be very inconvenient. The attorney-general declared the clause of exemption from taxation illegal: and Chief Justice North being of the fame opinion, and obferving its VOL. II.

P p

ten

The Binder is defired to cancel P p in vol. ii. and put this in its place.

tendency, added, "faving of the authority of the English parlia ment," fo that it was ftipulated by the king, for himself and his fucceffors, "that no cuftom or other contribution fhould be laid on the inhabitants or their eftates, unless by the confent of the proprietary or governor and affembly, or by act of parliament in England."

The next year the patent was granted in confideration of "the merits of the father, and the good purposes of the fon, in order to extend the English empire, and to promote ufeful commodities." It was provided, that the fovereignty of the king fhould be preferved, and acts of parliament concerning trade and navigation, and the customs duly obferved. Mr. Penn was empowered to affemble the freemen or their delegates, in fuch form as he fhould think proper, for raising money for the ufes of the colony, and for making useful laws, not contrary to those of England or the rights of the kingdom. Duplicates of the acts of the Affembly were to be tranfmitted within five years to the king in council, and the acts might be declared void within fix months, if not approved.

The novel introduction of the claufe fubjecting the inhabitants of Pennsylvania to taxation by act of parliament, might afford an argument against being fo taxed, to all the colonics whofe charters contained no fuch clause. Dr. Franklin being asked, when examined by the House of Commons in the time of the ftamp act, "Seeing there is in the Pennsylvania charter, an exprefs refervation of the right of parliament to lay taxes there, how could the Assembly affert, that laying a tax on them by the stamp act was an infringement of their rights?" anfwered, "They understand it thus-By the same charter and otherwife, they are entitled to all the privileges and liberties of Englishmen. They find in the great charters and the petition and declaration of rights, that one of the privileges of English fubjects is, that they are not to be taxed but by their own confent; they have therefore relied upon it, from the first fettlement, that the parliament never would or could, by colour of that claufe, tax them till it had qualified itself for the exercife of fuch right, by admitting reprefentatives from the people to be taxed." Governor Nicholfon's language was to the fame purpofe; writing to the board of trade in 1698, he obferves, that "a great many people of all the colonies think, that no law of England ought to be binding to them without their own confent; for they fay, they have no repréfentatives fent from themfelves to the parliament of England."

In May, Mr. Penn detached Mr. Markham, his kinfman, with a fmall emigration, in order to take poffeffion of the country and prepare it

'for

for a more numerous colony; and Mr. Markham had it in charge to pay an humane attention to the rights of the Indians.

The frame of government for Pennsylvania was published in April, 1682; and as a fupplement in the fubfequent May, a body of laws were agreed upon by the proprietary and adventurers, which was intended as a great charter, and does honour to their wifdom as ftatefmen, their morals as men, and their spirit as colonifts. Thefe laws, which were termed probationary, were to be fubmitted to the explanation and confirmation of the firft General Affembly which fhould be convened in the province. This was undoubtedly a prudent measure, for events made it manifeft that a better acquaintance with the local circumstances of the country, rene dered pany changes neceffary; nor was this the only advantage, for by this greement the authority of the legislature was established, and rendere necessary in all future laws and regulations.

Mr. enn, defirous of extending his territory fouthward to the Chefapek, folicited the Duke of York for a grant of the Delaware colony and accordingly the prince conveyed to him, in the month of Aug, the town of Newcastle, with a territory of twelve miles round, alfo that tract of land extending fouthward from it upon the Delaare to cape Henlopen.

For aonfiderable portion of this grant Lord Baltimore put in a claim, a three feveral applications were made, on behalf of his Lordship to the Executive Government of England; it appears, however,y the feveral orders of council made in confequence of these appations, and dated 1683, 1685, and 1709, that they confidered h Lordship's claim as unfounded, and of confequence conirmed therant made to Mr. Penn.

When, or the first time, Mr. Penn arrived on the banks of the Delaware, Opber the 24th, he found them inhabited by three thousand perfons, copofed of swedes, Dutch, Finlanders, and English. Not only his on colonifts, but the reft, received him with joy and refpect. Hewas accompanied by about two thousand emigrants, who being eithr Quakers or other diffenters, fought the enjoyment of their religius fentiments in a country that offered a peaceful afylum to the perfected. Mr. Penn, immediately entered into a treaty with the Indians, arl purchafed from them as much of the foil as the circumftances of he colony required, for a price that gave them fatisfaction: he alfo fetled with them a very kind correfpondence. In December he convered the firft Affembly at Chefter, confifting of feventy-two delegates fom the fix counties, into which they had divided Pennfyl

vania, and the Delaware colony, foon after denominated the territories. The inhabitants propofed that the deputies might serve both for the provincial council and General Affembly; three out of every county for the former, and nine for the latter. Their proposals were paffed by the Affembly without hefitation into an act of fettlement. The perfons returned were declared to be the legal council and Assembly, and every county was empowered to fend the fame number in future, which in the fame manner should constitute the legiflature; and after the addition of a few other explanations, the modified frame of government was folemnly recognised and accepted. An act was then paffed, annexing the territories to the province, and communicating to the one the fame privileges, government and laws, as the other already enjoyed. Every foreigner who promised allegiance to he king, and obedience to the laws, was declared to be a freeman, arl entitled to his rights. By the legislative regulations, established as andamentals by this Affembly, factors who wronged their employs were to make fatisfaction, and one-third over---not only the goof, but the lands of the debtor were fubjected to the payment of dets---every thing which excited the people to rudeness, cruelty an irreligion, was to be difcouraged and severely punished---no perfa acknowledging one God, and living peaceably in society, was toe molested for his opinions or practice, or to be compelled to frequnt or main. tain any ministry whatsoever. It was a principle of thgreat charter, that children fhould be taught fome ufeful trade, the end that none might be idle, but that the poor man might wor'to live, and the rich, if they became poor, might not want,

The act of fettlement not giving fatisfaction, a secd frame was prepared by Mr. Penn, agreeing partly with the firstand modifred according to the act of fettlement in certain particular but in fome measure different from both to this the affent of the ext Affembly was in 1683 given; but in time it shared the fate of he former.

In 1684 Mr. Penn departed for England, at which me it appears that the interests and paffions of the fettlers had produed a diversity of fentiment, which was probably increafed after th departure of the proprietary; for we find the deputy-governor Backwell, who entered on his government in 1688, bringing this aarge against them. It is evident, however, that thefe diffenfions ad animofities. bore no refemblance to thofe "violent diffenfions" wih which they have been charged. Indeed, on as particular an investgation of this fubject as we have found it poffible to make, it appea's more than probable, that this charge is like most of those brought forward

by