lative power." The Duke, though strongly prejudiced against democratic affemblies, yet, in expectation that the inhabitants would agree to raise money to discharge the public debts, and to fettle fuch a fund for the future as might be fufficient for the maintenance of the government and garrifon, informed the lieutenant-governor, in 1682, that he intended to establish the fame frame of government as the other plantations enjoyed, particularly in the choofing of an affembly."

Mr. Dongan was appointed governor in September, and inftructed to call an affembly, to consist of a council of ten, and of a house of reprefentatives, chofen by the freeholders, of the number of eighteen members. The affembly was empowered to make laws for the people, agreeable to the general jurifprudence of the state of England, which should be of no force, however, without the ratification of the proprietary. "Thus the inhabitants of New-York, after being ruled almost twenty years at the will of the Duke's deputies, were firft admitted to participate in the legislative power."

An affembly was called on governor Dongan's arrival, which paffed an act of general naturalization, in order to give equal privileges to the various kinds of people then inhabiting the province; together with an act "declaring the liberties of the people;" as alfo one for defraying the requifite charges of "government for a limited time." The legislature was convened once more in August 1684, when it explained the laft act. Thefe feem to have been the only affemblies called prior to the evolution,

When the Duke becanie King of England, he refused to confirm that grant of privileges to which as Duke he had agreed. He established a real tyranny, and reduced NewYork once more to the deplorable condition of a conquered province,

New-Jerfey, which was alfo taken from the Dutch (who were confidered as having no right to any of their fettlements in these parts of America) was included in the grant to the Duke of York. The Duke difpofed of it to Lord Berkley and Sir George Carteret, in 1664, who being fole proprietors, for the better fettlement of it agreed upon certain constitutions of government, fo well relifhed, that the eastern parts were soon confiderably peopled. One of the ftipulations was, "no qualified perfon, at any time, fhall be any ways molefted, punified, difquieted, or called into queftion, for any difference in opinion

ar practice in matters of religious concernments, who does not actually disturb the civil peace of the province; but all and every fuch perfon and perfons may, from time to time, and at all times, freely and fully have and enjoy his and their judgments and confciences, in matters of religion, they behaving themfelves peaceably and quietly, and not ufing this liberty to licen tiousness, nor to the civil injury or outward disturbance of others; any law, ftatute, or claufe contained, or to be contained, ulage or custom of the realm of England, to the contrary thereof in any wife notwithstanding."*

The lords proprietors further agreed, "for the better fecurity of all the inhabitants in the province-that they are not to impofe, NOR SUFFER TO BE IMPOSED, any tax, cuftom, fubfidy, tallage, alferment, or any other duty whaifoever, upon any colour or pretence, upon the faid province and inhabitants thereof, other than what fhall be impofed by the authority and confent of the General Affembly," + What can more strongly expreís the then opinion of Lord Berkley and Sir George Carteret, as to the parliament's having no right to tax the inn.bitants of the province, poffeffed by them as lords proprie.

tors!

Lord Berkley foid his moiety of the province to John Fenwick, in truft for Edward Byllinge, and his affigns in 1674 After which the proprietors, E. Byllinge, William Penn, Gawen Lawrie, Nicholas Lucas, and Edmond Warner, of the Quaker perfuafion, agreed with Sir George Carteret upon a divifion, 1676; and that his moiety fhould be called New Eaft-Jerley, and their's New Weft-Jerfey. The agreement refpeating the not impofing or fuffering to be impofed any tax, &c. was adopted; the other ftipulation is worded fomewhat differently; "no men, nor number of men upon earth, hath power or authority to rule over men's contciences in religious matters; therefore it is confented, agreed, and ordained, that no perfon or perions whatfoever within the province, at any time or times hereafter, fhall be any ways, upon any pretence whatfoever, called in question, or in the leaft punished or hurt, either in perfon, cate, or privilege, for the fake of his opinion, judgment, faith, or worship towards God, in matters of religion; but that ail and every fuch perfon and perfons may, from time to time, and at all times, freely and fully have and enjoy his and their judgments, and the exercile of their confciences, in matters of

religious worship, throughout all the province."* It was alfo agreed, "that all elections be not determined by the common and confused way of cries and voices, but by putting balls into balloting boxes, to be provided for that purpose, for the prevention of all partiality, and whereby every man may freely choose according to his own judgment and honest intention."+

Soon after, many Quakers reforted to Weft-Jerfey from England, and the country filled apace. But the people early experienced the dreadful effects of arbitrary power. Major Andres, the governor of New-York, impofed ten per cent. on all goods imported at the Hoar-Kill, and demanded five per cent. of the fettlera at arrival or afterward, though neither Weft-Jersey, nor the Hoar-Kill, was legally under his jurifdiction. They complained of the hardships from the firft, but bore it patiently, till about 1680, when application was made to the Duke of York, who referred the matter to the council, where it refted for a confiderable time, and then was reported in their favour, and the duty ordered to be difcontinued. Among the arguments ufed by Meffrs. William Penn, George Hutchinfon and others, chiefly, if not all Quakers, in the paper prefented to the Duke's commiffioners, were thefe, "powers of government are exprefsly granted in the conveyance Lord Berkley made us, for that only could have induced us to buy it; and the reason is plain, becaufe to all prudent men, the government of any place is more inviting than the foil; for what is good land without good laws? the better the worfe. And if we could not affure people of an cafy and free, and safe government, both with respect to their fpiritual and worldly property, that is, an uninterrupted liberty of confcience, and an inviolable poffeffion of their civil rights and freedoms, by a juft and wife govern ment, a mere wildernefs would be no encouragement; for it were a madness to leave a free, good, and improved country, to plant in a wilderness, and there adventure many thousands of pounds, to give an abfolute title to another person to tax us at will and pleafure. Natural right and human prudence oppofe fuch doctrine all the world over, as fays, "that people, free by law, and under their prince at home, are at his mercy in the plantations abroad." The King's grant to the Duke of York is plainly reftrictive to the laws and government of England.

Corrupted by time into Whore-Kill. The names of many rivers, in NewYork government particularly, terminate with kill, which means both river and

rivulet.

Now, we humbly conceive, it is made a fundamental in our conftitution and government, that the King of England cannot justly take his fubjects 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 E1. 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 ourselves 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 diminution, but expectation of fome incraefe of those 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 express limitation to erect no polity contrary to the cftablished 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 these 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 business. Had the planters foreseen 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 fweat of our brows, to improve them at our own hazard only. This is to tranfplant from good to bad. This fort of conduct has deftroyed government, but never raised one to any true greatnefs.+"

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 juftly impoled upon the inhabitants without 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 conceflions to the fame purport. This will not be judged

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

+ Smith. p 117, 13

wholly unprecedented by 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 inh bitants complained in a petition to the king," that for want of knights and burgeffes in the court of parliament they fuftained 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 ftatutes 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 ftatutes 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 Commonweath, quietnefs and peace of his majefty's fubjects." They propofed to the king, as a remedy, "that it would please his highneis, that it be enacted, with the affent of the lords fpiritual and temporal, and by the commons in parliament assembled, that from the end of the feffion the county-palatine fhall have two knights for the faid county, and likewife two citizens to be burgeffes for the city of Chefter." The complaint and remedy were thought to be fo juft and reafonable, that the relief for which they prayed was granted, and they were admitted to fend reprefentatives to parliament, to guard their interefts and to fecure their liberties and privileges.

PENNSYLVANIA AND DELAWARE.

Mr. William Penn, one of the joint purchasers of the weftern part of the Jerfeys, having received the moft exact information. of the country to the weftward of the Delaware, while engaged in the administration of the joint purchafe, became defirous of acquiring a feparate eftate.

He prefented 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 fhut. He prayed for a grant of lands, lying to the northward of Maryland and weftward of the Delaware; and added, that by his interest he should 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 attorny-general for his opinion. Penn had the fame Vol. II.

PP