Modern History: BEING A CONTINUATION OF THE Univerfal History. The HISTORY of AMERICA. T P EN S T L V AN IA. HE family hiftory of Mr. Penn, the founder of this Hiftory of great and flourishing colony, is foreign to this work. Mr. Penn. It is fufficient to fay, that his father was Sir William Penn, the famous admiral who commanded the naval arma-, ment, as colonel Venables did the land forces, which Cromwell fent against Hifpaniola, where, though they failed, they conquered Jamaica. The particulars of that expedition are to this day mifterious; but it is agreed, on all hands, that the attempt upon Hifpaniola did not fail through the cowardice of either commander; and, it is certain, that the exiled family of the Stuarts, after the failure of the expedition, kept up a clofe correfpondence with them both; and that Venables was very deeply concerned in the unfuccefsful infurrection at Chefter in their favour. Penn was by principle an independent; but immediately after the restoration, he became a eigning favourite at court with the two royal brothers. In 1665, he was appointed to command the English fleet under 1665, he duke of York; and it was univerfally thought that the aurels which his royal highness acquired in fighting againft the Dutch, were chiefly owing to the great abilities of Sir William Penn as a feaman. MOD. HIST. VOL. XLI. B IN In the mean while, Sir William's fon, William, was adding the advantages of a liberal education to the uncommon fagacity he poffeffed from nature; but, from being an enemy, next to enthufiafm against the established church of England, he at laft profeffed himself a quaker. While he was ftudying at Christ Church, Oxford, he and the lord Spencer, afterwards earl of Sunderland, fo noted for the duplicity of his conduct, infulted the ftudents and the clergy who appeared in furplices, and becoming thereby obnoxious, they were by their parents fent into foreign parts to enlarge their minds. Young Penn, when he was abroad, received an order from his father, on his being appointed admiral as aforefaid, to return home; and it is probable, that, by this time, both father and fon had digefted within themselves the plan of their future settlement. The juncture and difpofition of the court was extremely favourable to their withes. The royal brothers wanted to fend out of England as many fectaries as they could, and thought that the government of them could not be more properly entrufted than with the Penns. The latter, on the other hand, could not without great grief fee the harraffments which those of their own perfuafion every day fuffered in England; and they had before their eyes the flourishing examples of New England and Virginia to encourage them in their intention of making like migrations of their own fect and their friends to America, where there were ftill vaft tracts of unappropriated land to fettle. Sir William died in the weft of England, and was buried in Bristol; but probably left the plan of his fettlement, in which it is faid he was greatly afflifted by a relation refiding in America, with his fon. THE young gentleman, when his father died, was fo much immersed in religious difputes that he had for fome time no leisure to follicit the grant, which had actually been promised to his father by Charles II. But the perfecution against his fect raging every day more and more, he obtained 1679. it in the year 1679; but was not actually invested with it till 1680-81. the 4th of March, 1680-81. The allegations of Mr. Penn's and his petition were, a commendable defire to enlarge the English empire, and promote fuch useful commodities as may be of benefit thereto, as alfo to reduce the favage nations, by gentle and juft manners, to the love of civil fociety, and the Chriftian religion. The boundaries granted by the charter to the faid William Penn, and his heirs were, "all that tract or part of land in America, with the islands therein contained, as the fame is bounded on the east by Delaware river, from twelve miles diftance northwards of Newcastle town, unto the three and fortieth degree of northern latitude, if the river doth 4 extend extend fo far northward: but, if the faid river fhall not extend so far northward, then by the said river, so far as it doth extend; and, from the head of the laid river, the eastern bounds are to be determined by a meridian line, to be drawn from the head of the faid river unto the faid forty-third degree. The faid land to extend weftward five degrees in longitude, to be computed from the faid eaftern bounds; and the faid lands to be bounded on the north by the beginning of the three and fortieth 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 strait line westwards to the limits of longitude abovementioned." HAVING thus defcribed the bounds laid down by this charter, it is abfolutely neceflary for the understanding the hiftory of Penfylvania, that we give a fummary of the chief articles of this famous charter, which is juftly thought to be a mafter-piece of provincial legiflation, and was the bafis of many fucceeding difputes between the proprietary and the planters. THE third fection fecures the true and abfolute property Contents of of the faid province to Mr. Penn, but with the faving of his the fame. allegiance and the fovereignty of the English crown. The fourth fection grants to him, his heirs, &c. full and abfolute power, for the good and happy government of the faid country; to ordain, make, and enact, and under his or their feals, to publish any laws whatsoever, for the raifing of money for public uses of the faid province, or, for any other end appertaining either unto the public state, peace, or fafety of the faid county, or unto the private utility of particular perfons, according to their best discretion; by and with the advice, affent, and approbation of the freemen of the faid country, or the greater part of them, or of their delegates and deputies, to be affembled in fuch fort and form, as to him and them fhall feem beft, and as often as need fhall require. The fifth fection gives Mr. Penn a power to erect courts of judicature for the administration of the aforefaid laws, provided they be confonant to reafon, and not repugnant or contrary, but (as near as conveniently may be) agreeable, to the laws and ftatutes and rights of England; with a faving to the crown in cafe of appeals. The fixth impowers Mr. Penn to make ad ditional laws, or bye-laws, as occafion fhall offer (A), but ftill agreeable to the laws of England; fo as the faid ordi (A) Though we only mention Mr. Penn, yet his heirs, executors, c. are included. nances be not extended in any fort to bind, change, or take away the right or intereft of any perfon or perfons for, or in, their life, members, freehold, goods, or chattels. By the feventh fection it is provided that a tranfcript or duplicate of all laws, fo made and published as aforefaid, thall, within five years after the making thereof, be transmitted and delivered to the privy council for the time being; and, if declared by the king in council inconfiftent with the fovereignty or lawful prerogative of the crown, or contrary to the faith and allegiance due to the legal government of this realm, fhall be adjudged void. The eighth, ninth, tenth, eleventh, twelfth, and thirteenth fections contain little, but what is in common to other proprietary governments. By the fourteenth fection Mr. Penn is obliged to have an attorney or agent to be his refident-reprefentative, at fome known place in London, who is to be answerable to the crown for any mifdeameanor committed, or wilful default, or neglect permitted by the faid Penn against the laws of trade and navigation; and to defray the damages in his majesty's courts afcertained; and, in cafe of failure, the government to be refumed and retained till payment has been made; without any prejudice, however, in any respect to the landholders or inhabitants, who are not to be affected or molested thereby. The fections fourteenth, fifteenth, fixteenth, feventeenth, eighteenth, and nineteenth, contain nothing particular. By the twentieth fection, his majefty covenants and grants to and with the faid William Penn, for himself, his heirs, and fucceffors, at no time thereafter to impofe or levy any tax on the inhabitants in any fhape, unless the fame be with the confent of the proprietary, or chief governor, or affembly, or by act of parliament in England. By the twenty-first fection, his majefty, on pain of his higheft difpleasure, commands all his officers and minifters, that they do not prefume at any time to attempt any thing to the contrary of the premises, or that they do in any fort withstand the fame: and, on the contrary, injoins them to be at all time, aiding and affifting, as was fitting, to the faid Villiam Penn, and his heirs, and unto the inhabitants and merchants of the province aforefaid, their fervants, minifters, factors, and affigns, in the full ufe and fruition of the benefit of the faid charter. By the twenty-third and last section, a provifion is made, by the king's fpecial will, ordinance, and command, that, in cafe any doubt or queftion should thereafter perchance arife concerning the true fenfe or meaning of any word, claufe, or fentence contained therein, fuch interpretation should be made thereof, and allowed in any of |