The Govr told him he had never seen any such Letter, nor did he ever think fitt to give him any attested Coppy of it. (if there were any such.) He replyed he would let him have it and pursuing his demands of sitting, & some of ye members of ye Councill severally and tumultuously crying out I am for it: & I am for it, &c.,

The Gover declared y Councill to be adjourned till y next councill day, vizt: to ye fifth day of y° same week, at nine of ye Clock, at y same place; and Rose up out of his place to depart accordingly; upon wch severall of ye members of y Councill departed. But divers remayned, and a great deal of confused noyse & clamor was Expressed at & without the doore of ye Govrs roome, where y Councill had sate, wch occasioned persons (passing by in the Streets) to Stand still to heare, which ye Govr observing, desired ye sayd Tho. Lloyd would forbeare such Lowd talking, telling him he must not suffer such doings, but would take a course to Suppresse it, & shutt y Doore. So he went away, attended wth severall of y° members of ye Councill, others staying behinde wth ye Governor.

At a Meeting of the Councill at the Govrs Lodgeings in Philadelphia y 23th of 3d Mo., 1689.

The Govr directed That the Entryes of the proceedings in Councill ye two Last dayes of their meeting should be read by the Secretary. They were read.

The Govr proposed, That for as much as the Assembly had discontinued their sitting, & were gone, they would take into Consideration the preparing & issuing of some Declaration in the name of the Govr & Councill, as he had severall times moved during their Sitting, for continuing the Laws past by the Propor before his going for England, to be of the same force as now they are, untill we should heare further from thence.

Wm. Clark sayd: What y Govr has proposed is very necessary, for it will be of very ill consequence to Lettthe Laws wholly fall, & have no laws of our owne to be governed by. Most are Strangers to other Laws; These we are acquainted with. It would therfore be of great service, since we cannot have ye Assemblye's concurrence, that they be passed as the Govr proposes, by a Declaration issued in the name of ye Govr & Councill.

Wm. Markham. Had we not mett With such interruption as we did, We might have had a body of Laws fitted for us when we first came together as a Legislative Councill for preparing them: But now we have been put into such distractions, as our Laws must continue in the same distracted forme or not at all. But since it is the desire of y People yt the Laws should so continue, though the

Propor have directed the Letting of them fall for the psent, & afterwards preparing new Laws, I have requested the Govr yt they may be continued with as strong force as may be; and you See the Govr is ready, & only wants yr Consent.

Govr. I have often proposed it, and will proceed in my Governmt according to y Rules of ye Charter, and all the Laws made before the Propor going for England, whether you shall think fitt to passe a Declaration or not, being by my master directed so to do; Save only wheras one of those Laws requires that Comissions for constituting of Provll Courts & Judges should be past under y Great Seale, (wch y Keeper will not allow,) I shall reserve a Liberty to passe such commissions under y Propors Lesser Seale.

John Hill. I agree to what ye Govr proposes, for acting by the Charter & Laws made, and think it is fit, since the Keeper will not permitt y use of ye great Seale, that they should be past under y° Lesser Seale, for its necessary yt Provll Judges be appoynted for appeales, &c.

Wm. Yardley. I desire time for further consideration. Though it has beene before us, We have not had yt due consideration, & we have not a full Councill.

Governor. I can not helpe it that ye members will not give their attendance; they all know of this dayes meeting & yt the Councill was adjourned to this time & place. I know by too sad Experience, what's meant by desireing further time for consideration: 'Tis nothing but time to consult without doores with those yt have allways obstructed our proceedings, as to doing any thing that's good for ye people. It has been allready debated, & every man been suffered to speak his minde at large, & we might have brought it to an issue at last meeting had we not been interrupted as then we were, by y coming in of others, &c.

Wm. Clark. We had been heard; and I desire we may not be detayned any longer. I desire y thing may be put into y speediest way to give satisfaction to ye people yt sent us hither.

Samll Carpenter Proposed to Receive a paper.

The Govr Refused it, saying, he would not admitt of any interruption to this debate, till it were over: telling him he had heard it was unduly hatch'd by ye late President & some of ye members, with y remayning part of ye Assembly, wch was a course not to be countenanced; It behoved, the members of yt board had been present & declared their mindes, & given their assistance in this weighty matter under consideration; and that he had adjourned for that occasion tc this time on purpose.

Wm. Markham. I am against making protests one against another. Let us have a friendly debate at y° board of what's before us for our Consideration.

Wm. Yardley. I am very much for ye preservation of y Laws: and rather than this opportunity shall passe, I am for it.

Samll Carpenter. I think ye Assembly might be had.

Govr. They have dissolved themselves, wch though it were not Legally done in all usuall circumstances, yet they are thereby become

felones de se, as to their power of present sitting, and ye Goverr declared he did not see any reason to contrive their Sitting on this occasion they were soe divided amongst themselves as that a very great part of them had protested against their proceedings, & withdrawne as being ashamed of their doings.

Clark, Yardley & Coppock. Leave the thing as it is.

Wm. Markham. I did Scruple ye thing of confirming ye Laws by a declaration when first proposed. But some reasons that have since come to my minde, & specially considering we are not making new Laws by it, and for as much as we were disturbed when we were about that, & could not proceed, I am now of another minde. The Assembly could not but have sayed I or no, &c.

The Question about it being called for, was thus Stated and agreed, Vizt: As many as are of opinion That a declaration be prepared agreeable to y debates at this board, to be issued in the name of ye Govr & Provil Councill, for continuing ye Laws formerly past by the Proprietor, in y° same force as now they are, untill we shall receive orders out of England about yt matter; & that in ye meantime, All Officers, (Vizt: Justices, Sheriffes,) &c., be required to act in their Severall Stations & Capacityes in all their proceedings & doings, according to ye Charter & those Laws, wth this Proviso, That ye Govr may issue Comissions for Provll Judges under ye Propors Lesser Scale, declare yr consent by standing up in yr severall places. Whereupon all ye members prsent stood up, Except Samll Carpenter. The Question being put in y° negative, The sd Samll Carpenter stood up allone.

The Govr proposed a Comittee might be named for drawing up such declaraon, Which was agreed: & That Wm. Markham, Wm. Clark & Wm. Yardley, or any two of them, should be the Comittee, and should withdraw: the Councill were Sitting till their returne.

After about an hower's space, the Comittee brought in and Reported their draft of a Declaration, signed by all three of them.

The sayd Declaration was three times read, debated & spoken to: some alterations were in the debate proposed & agreed on. And upon ye Question put, Vizt: As many as are of opinion That this forme of Declaraon brought in by y Comittee, as now it stands altered, shall be issued, according to the intent of ye foregoing Resolve, and sent into each County, to be there published as y Act of the Govr & Councill, at there respective County Courts or meetings, Declare your assent by standing up in your places. Whereupon they all stood up Except Samll Carpenter.

The Question being put in the negative, The sd Samll Carpenter stood up allone.

Afterwerds, The Governor & all ye members of ye Councill present (Except Samll Carpenter) signed y° Sayd Declaration, being about two of y Clock afternoone, which is as followeth, Vizt:

A DECLARATION:

By the Governor and Provinciall Council of the Province of Pennsilvania and Countics thereunto annexed.

Whereas, We have just cause to suspect that some persons have indeavored to suggest and insence ye minds of the good people of this Government, That the Governor and some of the members of Provinciall Councill have had a designe or intent to subvert and overturne this frame of Government, and to make voyd the Charter of Liberties and Privileges which the Chief Governor and Proprietor hath been pleased to Grant unto Us and our Successors; and that they have also designed and intended to make voyd y Laws of this Government, which have been (at so great trouble, charges and expences of the Proprietor and People) made for the preserving of the King's peace, and y mantaining of our Properties and privileges, and so to Rule by an Arbitrary Power; We do therefore think fit to declare, and we do hereby Declare, That We never had any such thought or intent, But were allways fully Resolved to Keep and preserve the same, as much as in Us Lyes; and should have been very ready to have joyned with the Assembly in the confirming of a Law for that

purpose.

And for as much as that hath been obstructed or omitted, We have thought fit to Declare, and We do hereby Declare, That all the Laws past and agreed on by the Proprietor and Chief Governor and Freemen in Provinciall Councill and Assembly, made before the Proprietor's going for England, shall be, Continue, and Remayin in the Same force as now they are, until We shall Receive Orders out of England about or Concerning that matter; With this Proviso: That the Governor may issue out Commissions for Provinciall Judges, under the Proprietor's Lesser Seale: and That in the meantime, We do hereby Require and Command all Officers of this Province and Countyes annexed, that they, in their severall Stations and places, do Act in all their proceedings and doings according to the Charter and Laws made by the Proprietor and People, as aforesaid, until further Order. Given at Philadelphia, The three-and twentieth of the third Month, Anno Dom. 1689.

Whereupon y Governor acquainted the Councill he had nothing further to propose to them at pesent; and that, (although he might not dispence with their Charter-attendance, not knowing what might fall out on a suddaine,) Yet he saw no incouragemt to call them together oftener than necessity required, they being grown into such ffactions as he could Expect little assistance from them: That he VOL. 1.-13.

would therefore governe them in all points according to the Charter & Laws, as they had declared, so farre as he might act as Governor without them, until he should heare further from England; and if any urgent occasion required it, he would give them notice thereof. In the meantime adjourned them till further Order.

The Govr haveing on ye 16th day of y° 6th Mo., 1689, recd a letter from Joshua Barkestead, dated Talbut County in Maryland, the 8th of August, 1689, directed y Secrety forthwith to issue Orders to the respective Sheriffs to Summon all the Members of y Provll Councill to appeare in Councill in Philadelphia y 28th day of y' sd 6th month, 1689, which was done accordingly.

At a Councill at the Govrs Lodgeing in Philadelphia, ye 28th 6th month, 1689.

The Petition of Robert Turner, Benja. Chambers, &c., in behalfe of themselves and others, was Read, Requesting an ordr for y laying out a Road from Philadelphia to Bucks County, &c.

Whereupon it was Orded yt Robt Rurner, Benj. Chambers, Jos. ffisher, Sylas Crispin, Tho. ffayreman, Robt Addams, with a Surveyr, wth what convenient Speed may be, do sett out a Cart road according to Statute.

The Petition of Thomas Clifford, for satisfying 5 years Service as Doore Keeper & messenger of y° Councill was read, and Referred to a ffuller Councill.

Adjourned till 9 to morrow morning.

At a Councill held at y Govrs Lodgeing in Philadelphia y 29th 6th Mo., 1689.

The Petition of Tho. Clifford was againe Read.

The before named members of Chester, vizt: John Symcock, John Bristow, & Barth. Coppock, promised to pay 20s. in part of 61b. Wm. Clark & John Hill y like 20s. for y County of Sussex. And upon debate, Ordered yt a Letter be written to y° Gent. of y County of Bucks as from y Govr & Councill, desireing them to do as all ye other Countyes have done, in advanceing each County 20s. on this occasion.