be accordingly feverely punished, as enemies to the peace and concord of this province.

XXXI. That for the encouragement of the planters and traders in this province, who are incorporated into a fociety, the patent granted to them by William Penn, governor of the faid province, is hereby ratified and confirmed.

XXXII.

XXXIII. That all factors or correfpondents in the faid province, wronging their employers, fhall make fatisfaction aud one third over, to their faid employ ers: And in cafe of the death of any fuch factor or correfpondent, the committee of trade fhall take care to fecure fo much of the deceased party's eftate, as belongs to his faid refpective employers.

XXXIV. That all treasurers, judges, mafters of the rolls, fheriffs, juftices of the peace, and other officers and perfons whatsoever, relating to courts or trials of causes, or any other service in the government; and all members elected to ferve in provincial council and general affembly, and all that have a right to elect fuch members, fhall be fuch as profess faith in Jefus Chrift, and that are not convicted of ill fame. or unfober and difhoneft converfation, and that are of twenty-one years of age, at least; and that all fuch fo qualified, fhall be capable of the faid feveral employments and privileges as aforefaid.

XXXV. That all perfons living in this province, who profefs and acknowledge the one Almighty and eternal God, to be the Creator, Upholder, and Ruler of the world; and that hold themfelves obliged in confcience to live peaceably and juftly in civil fociety, fhall in no ways be molefted or prejudiced for their re

ligious

ligious perfuafion or practice in matters of faith and worship, nor fhall they be compelled at any time to frequent or maintain any religious worship, place or ministry whatever.

XXXVI. That according to the good example of the primitive Chriftians, and the eafe of the creation every first day of the week, called the Lord's day, people shall abstain from their common daily labour, that they may the better dispose themfélves to worship God according to their understandings.

XXXVII. That as a carelefs and corrupt adminiftration of justice draws the wrath of God upon magiftrates, fo the wildnefs and loosenefs of the people provokes the indignation of God against a country: Therefore, That all offences against God, as fwearing, curfing, lying, prophane talking, drunkennefs, drinking of healths, obfcene words, inceft, fodomy, rapes, whoredom, fornication, and other uncleanness, (not to be repeated) all treafons, mifprifions, murders, duels, felony, fedition, maims, forcible entries, and other violences, to the perfons and eftates of the inhabitants within this province; all prizes, ftage-plays, cards, dice, May-games, gamefters, mafques, revels, bullbaitings, cock-fightings, bear-baitings, and the like, which excite the people to rudenefs, cruelty, loofenefs, and irreligion, fhall be refpectively difcouraged, and feverely punished, according to the appointment of the governor and freemen in provincial council and general affembly; as alfo all proceedings contrary to thefe laws, that are not here exprefly made penal.

XXXVIII. That a copy of thefe laws fhall be hung up in the provincial council, and in public courts of juftice: And that they fhall be read yearly at the opening of every provincial council and general affembly,

and

and court of justice; and their affent fhall be teftified by their standing up after the reading thereof.

XXXIX. That there fhall be at no time any alteration of any of these laws, without the confent of the governor, his heirs or affigns, and fix parts of feven of the freemen, met in provincial council and general affembly.

XL. That all other matters and things not herein provided for, which shall and may concern the public justice, peace or fafety of the faid province; and the raifing and impofing taxes, customs, duties, or other charges whatfoever, shall be, and are hereby referred to the order, prudence and determination of the governor and freemen in provincial council and general affembly, to be held from time to time in the faid province.

Signed and fealed by the governor and freemen aforesaid, the fifth day of the third month, called May, one thousand fix hundred and eighty-two.

The boundaries granted by the charter of King Charles to William Penn and heirs, are all that tract or part of land in America, with the islands therein contained, as the fame is bounded on the east by the river Delaware, from twelve miles diftance northwards of Newcastle town, unto the three and fortieth degree of northern latitude, but if the river shall not extend fo far northward, than by the faid river, fo far as it doth extend, and from the head of the faid river, the eastern bounds, are to be determined by the meridian line to be drawn from the head of the faid river, unto the forty-third degree. The faid land to extend weftward five degrees in longitude, to be computed from the faid eastern bounds, and the faid lands to be bounded on the north by the beginning of the three and forti

eth

eth degree of northern latitude, and on the fouth by a circle drawn at twelve miles distance from Newcastle, northward and weftward, unto the beginning of the fortieth degree of northern latitude, and then by a ftrait line weftward, to the limits above mentioned.

It appears fomewhat ftrange, in confidering this as well as the other charters, how any fovereign or parliament in Europe could pretend to parcel out the lands of other people, by charters and patents, to their own fubjects, without first purchafing them of the original proprietors, or afking their confent. William Penn feems to have been fenfible of this abfurdity when he received his charter, because he first pur chafed the lands of the natives before he claimed any right of poffeffion. Had Penn confidered his charter as giving an undoubted title to the poffeffion of Pennfylvania, he had no occafion to carry a price in his hands to the natives to pay them for a right of poffeffion. His paying a fmall price to the Indians, though it had the appearance of juftice, did not come up to that meafure of rectitude which the fpirit of equity requires. It gave Mr Penn the character of an honeft man without being deferving of it; for he ought firft to have made his purchase from those who had the lands to dipofe, and then as a fubject of Great Britain folicited a charter of protection for fuch confiderations as he could have agreed for with the government. By receiving a charter before-hand, he undoubtedly fuppofed that the king was engaged to make good the contents of his patent; and if the natives had fold the poffeffion to fome other perfons belonging to fome other power before the arrival of Penn, it would have probably been the occafion of war and defolation in the country. It cannot be doubted but that the natives had a right to difpofe of their poffeflions to those

who

who would give them moft; and fuppofe they had fold them to the French or any other nation, it would have been no just reafon for the government of Britain to have infifted to make good their promife to Mr. Penn, or any other patentee.-But in cafes of this kind, juftice and equity are feldom ftrictly purfued.

Maryland is a proprietory colony, granted to Lord Baltimore, his heirs and fucceffors, faving the allegi ance of the inhabitants, and the fovereign dominion of the country. It is held by the fame tenure as the caftle of Windfor in the county of Berks, in free focage,, by fealty only. The proprietor has power to make laws by the advice, and with the confent of the freemen and their deputies, and power to execute the faid laws, provided that they are agreeable to reafon, and not repugnant to the laws of England. The proprietor has the power of life and limb, freeholds, goods and chattels, without an affembly of the freemen; to make free all fettlers in the faid province, both for the present and to come; to grant the faid fettlers a liberty to trade, and to confer honours upon the inhabitants, with proper titles. In a word, this proprietor has almost the power of a fovereign, and in one fenfe he is fuperior to the king; for it is granted. that no taxes fhall be impofed by the kings of England upon the inhabitants of this province. Maryland was at first fettled with about 200 Roman Catholics, most of them of good families; but the proprietor, with great wisdom, introduced a general toleration, for Chriftians of all perfuafions, a measure which tended much to the flourishing state of the colony. This colony, as well as Pennsylvania, for a long time, had the honour of being unftained with the difgrace of religious perfecution; and, as well as the other, free from the calamities of war, offenfive or defenfive, with