Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/145

 CH. XI.] concernments, so always that the civil peace was not disturbed. But the general assembly were to be at liberty to appoint ministers and establish their maintenance, giving liberty to others to maintain what ministers they pleased. Every inhabitant was bound to swear or subscribe allegiance to the king; and the general assembly might grant naturalization.

§ 116. This constitution continued until the province was divided, in 1676, between the proprietors. By that division East New-Jersey was assigned to Carteret; and West New-Jersey to William Penn and others, who had purchased of Lord Berkeley. Carteret then explained and confirmed the former concessions for the territory thus exclusively belonging to himself. The proprietors also of West Jersey drew up another set of concessions for the settlers within that territory. They contain very ample privileges to the people. It was declared, that the common law, or fundamental rights and privileges of West New-Jersey, therein stated, are to be the foundation of government, not alterable by the legislature. Among these fundamentals were the following, "that no man, nor number of men upon earth, hath power or authority to rule over men's consciences in religious matters;" that no person shall be any ways called in question, or in the least punished, or either, for the sake of his opinion, judgment, faith, or worship towards God in matters of religion; that there shall be a trial by jury in civil and criminal cases; that there shall be a general assembly of representatives of the people, who shall have power to provide for the proper administration of the government; VOL. I