Countie of Philadelphia; Samll Richardson, Samll Carpenter, Henrie Waddey and James ffox. Three for the Countie of Chester; David LLoyd, Caleb pussey, & Samll Lewis. Three for the Countie of Bucks; William Biles, phinhas pemberton, and Jonathan Scaife. Three for the Countie of Sussex; wherof appeared Thomas pemberton and Roger Corbett, came to wait on the Leivt Governor and wer admitted.

The Last two took the Oaths appointed by act of parliament to be taken insted of the oaths of Allegiance and Supremacie, and subscribed the Test. The other ten did Subscribe the declaraon of fidelitie and profession of the Christian faith, and test.

After which the Leivt Governor desired them to goe together and Choose their Speaker. Some time after David LLoyd, accompanied by the above Named Representatives, presented himself to the Leivt Governor, acquainting him that the representatives there present had made choice of him for their Speaker, that it was a trust much above his Capacitie, and for discharge wherof hee wast most Unfitt & unable, And therefore beseeched the Leivt Governor wold Comand the Representatives to return and Choose a more qualified person.

The Leivt Governor answered, that if they had Chosen anie one of their Number for their Speaker, Hee saw no reason to Object agt him; But you all know some are more capable to perform that dutie than others, and I cannot but well approve of yor Choice, and doubt not Mr Speaker, but you will perform yor dutie with all sinceritie, and keep a good decorum in the house, and that you'll urge and putt them in mind to a Consideraon & dispatch of what shall be before you of their Maties affairs and Service, and their duties therto.

Therafter Mr. Speaker desired they might have the Ordinarie priviledges granted them, Such as free access to the person of the Leivt. Governor, A favoarable Construction putt upon their words, and freedom from arrests.

The Leivt Governor made ansr, that hee granted them all these as freelie & ample as had been usuall.

Then the Leivt Governor told Mr Speaker and the Representatives, That his Excellie the Chief Governor, did intend to have mett them here this day, but was prevented by an express from Albanie giving him Intelligence of other Messengers come from Canada to draw over their Indians, as is pretended, to hold a Conference with Count Frontiniac, concerning a peace, whereupon the Sachims were Verie desirous forthwith to See his Excellie att Albanie, and wold bring the messengers along wt them thither, The Councill of New york being of opinion that this service was first to be attended. And therefore, his Excellie thought ffitt to adjourn this assemblie to the first of May next, and required me to abjourn the same accordinglie. The Leivt Governor further added, That the affair his Excellie was gone about was of verie great import to this province as well as to that of New york, and that our future saftie in our persons, estates & trade, did much depend upon the prosperous event of his Excellies going to Albanie, & therefore hoped they wold be well satisfied; that his Excellies absence at this time was Inevitable.

Mr Speaker desired, That they might have untill five of the afternoon, In regard the whether was bad & the wind agt the members of Newcastle, who, as they wer informed, wer coming up by water. Which was granted.

Att five the assembly came again. Then Mr Speaker desired that they might have time till to-morrow morning to consider of some petitions Sent them by the Counties whom they did represent, who wold take it ill if in some measure they did not answer their expectations.

The Leivt Governor desired them to withdraw a Little and hee wold consider of it with the Councill; Wher it was resolved, That in respect the provinciall Judges wer to sitt next morning, that it was fftt the assemblie should meet the Leivt Governor to morrow, at three in the afternoon.

The Representatives having been called by the messenger, returned, and the Leivt Governor gave them time till to morrow, att three in the afternoon, & appointed them to meet him at that time.

[11th Aprill, 1694.

Att a Councill Held att philadelphia on wednesday the 11th day of Aprill, 1694.

PRESENT:

COLL. WILLIAM MARKHAM, Esqr., Leivt Governor.

Robt Turner,

Wm. Salway,

Esqrs.

George Forman, Esqr.
pat. Robinson, Secrie.

Wm. Clark,

The above named representatives appeared. Mr Speaker told the Leivt Governor that they had considered of what yesterday hee had Laid before ym, & that they had taken a longer time than they expected to "onsider of severall things, and particularlie the amending of severaller and mistakes that had been committted by the Last Assemblie, by cason of his Excellies hast to be gone Last year to the fronteers, and that hee promised them that if any thing wer amiss, or error in Clarkshipp, it should be amended.

The Leivt Governor answered, that it wold not be Long befor his Excellie wold be here, and that then that wold properlie come undr consideraon.

Mr. Speaker said, that the Law about Stealing was in the List of Laws proposed by the Assemblie in their petition of right, to be continoued, & yet was ommitted by their Clark to be engrossed in the roll of Laws signed by the Chief Governor, and yrfor requested that that Law might be added to the sd roll, especially since for want yrof, people might be exposed to a triall for their Life for every small & trifling theft.

The Leivt Governor answered, that the reason why that Law was not continoued was becaus his Excellie Lookt upon it to be repugnant to the Laws of England.

Mr Speaker said, that att the conference Last year held by some of the members of Councill & assemblie, they endeavoured to recor

cile that Law to ye Law of England, & to show that it was not repugnant.

The Leivt. Governor told ym that hee had wrote to his Excellie about that Law to be continoued: and his excellie in his ansr, put the Judges & Justices in a way which wold effectuallie take off anie danger that the people might be in for want of the sd Law: And the Leivt Governor further added, that since they wer to be adjourned, He intended not to medle with Legislation; and if they wold have anie Law that might be beneficiall for the province, They might propose it to his Excellie when he came, & hee doubted not but his Excellie wold give ym full Satisfaction.

Mr Speaker said, that their Clark was drawing up something to present to the Leivt Governor & Councill, which hee desired them to consider off, and that it wold be quicklie readie.

The Leivt Governor told them that his Excellie was positive to him to adjourn ym.

Mr Speaker desired to see the Order, if it might be.

The Leivt. Governor answered that hee had such orders, and that they must take his word for that.

Mr Speaker desired that if they must be adjourned that it might be to a Longer day than the first day of May next, In respect the yearlie meeting att Salem was to begin the 27th of Aprill, and that the representatives wer desirous to be there, and other conveniencies to the members of the Lower Counties, which the Councill was not Unacquainted with, and therfor, that it might be to the 20th of May

next.

The Leivt. Governor desired them to withdraw a Little and hee would advise with the Councill about; which they did.

The Leivt Governor caused read his Excellies Letter the second time, and upon the whole, did putt it to the vote whether it was Convenient to adjourn the Assemblie to a further day than was mentioned in his Excellies Letter, and it was carried in the affirmative.

A member of Councill mentioned the tenth day of May; others desired that it might be Longer; And the 20t of May falling on a Sunday, The Leivt Governor did put it to the vote whether to adjourn the Assemblie to the tenth or 22d of May next, and it was carried to the twenty-second.

The Representatives again appeared, and Mr Speaker presented to the Leivt Governor and Councill a Remonstrance in these words: "To the Leivt Governor and Councill of the province of pennsil"vania, Countrie of Newcastle, & the territories therto belonging. "The Remonstrance of the Representatives of the freemen of the "sd province & Countrie in General Assemblie mett, Humblie "Sheweth: That whereas, wee being att this time Conveened by "Virtue of the Leivt. Governors writts, which gave us no other ex"pectation but that wee might proceed in Legislation & redressing "the grievances of the people whom wee represent; But since wee "are given to understand that Governor ffletcher, by reason of some "emergencie, is prevented of being present at this Assemblie, and "so it seems gave ordr to this effect, That as soon as wee wer put in

"a capacitie of acting as an Assemblie, wee must be adjourned befor 66 we can accomplish the Countries bussines, Which wee Conceive to "be not onlie inconsistent with the tenure of the sd writts, & the "necessarie priviledges of a Legislative Authoritie, but also, with "the powers granted our Leivt Governor by the king & Queen's "Letters patents; Therfore, wee desire you take it not amiss if wee "so farr Assert our priviledges as to adjourn our Selves, in Case 66 you think not fitt in the Chief Governor's absence to proceed "according to the writts aforesaid, in ordr to make Laws, & to re"dress the agreivances of the sd Countrie, Some of which are as "follows:

"1st. That wee have not the Catalogue of the Laws, with the "preamble to them, and the Governor's approbaon of ym, which wer declared by the petition of Right in the Assemblie Last year "to be in force, that Justice may be administred according to the sd "Laws in the Severall Courts of Justice in this province & Countrie.

"2d. That the Late Law for appealls, which gives Libertie to ap"peall both in Law & equitie, Wherby the Judges and Justices of "ye peace have too great Libertie to destroy or make void the Ver"dicts of Juries, without due care be taken; Wherfore, wee desire "that the Judges and Justices of y° peace may receive instructions "& Caution from you not to decree anie thing in equitie that may "make void the Verdicts of Juries, or Judgments before given in "Law, in the same Cause.

"3d. That the power given by the Late Law for raising money "by the Justices of the peace in their rexive Counties, may not be "made use of to the dissatisfaction of the Countrie, But that the "Justices may be Cautioned that what monie is raised to defray the "publick charge of the Countrie, may be done by the approbaon of "the grand Jurie, or other Sufficient Inhabitants of the severall "Counties, to assist in and approve the severall taxes to be raised, "and to have the Hearing & examinaon of the accompts of the "severall receits & disbursments.

"4th. That the omissions in the Late Laws by the Clark ap"pointed to transcribe ym, may be corrected, and the Laws, or such parts of the Laws as are Left outt, may be entred in the roll of "Laws.

"5th. That the monie granted to be raised the Last Assemblie, "for the support of this government, may be accordinglie Imployed "to the use it was intended, & that an accompt therof be given att "the next Sitting of Assembly, according to the true intent of the "said act and makers thereof.

"philadelphia, the 11th 2 mth, 1694. Signed by order of the "house, by DA. LLOYD, Speaker."

Which having been read, The Leivt Governor desired Mr. Speaker to take it again, & att the next sitting of Assemblie they might offerr that, or anie thing else, to his Excellencie's consideraon.

Mr Speaker answered, that hee had orders from their house to present that Remonstrance to the Leivt Governor, but had no orders from them to take it again.

Then the Leivt Governor said: Mr. Speaker, The Councill having taken into their consideraons the reasons for yor desire to be adjourned till the 20th of May, which would fall on a Sunday, They have advised and Consented that you should be adjourned to the 22d of May next; And accordinglie, I doe adjourn you to the sd day, Hopeing to meet again att that time as good friends as we part. So gentl., I wish you well to yor homes.

Mr Speaker. Wee thank the Leivt Governor; & departed.

[21st May, 1694.

Att a Councill Held att philadelphia on a Moonday, The 21st of May, 1694.

PRESENT:

His Excellencie BENJAMIN FFLETCHER, &c.

WM. MARKHAM, Esqr, Leivt Governor.

His Excellie did Signifie to the Councill that hee had Sumoned ym to consider of what is proper to be offered to the Assembly for their Maties' service. It is the opinion of the Councill that no monie will be granted.

Adjourned till to-morrow morning.

[22d May, 1694.

Att a Councill Held att philadelphia on a Tuesday the 22d of May, 1694.

PRESENT:

His Excelly. BENJAMIN FLETCHER, &c.

WM MARKHAM, Esq., Leivt. Governor.

The rest of the Representatives that wer not attested, nor had taken the oaths & Test, Viz: Richard Hally well, Henry William & Jno Donaldson, for the Countie of New castle, took the oaths appointed to be taken in Stead of ye oaths of allegiance and Supremacie, and subscribed the test. John Brinckloe & Richard Wilson, for the Countie of kent, and Luke Watson, for the Countie of Sussex, did the same. Edward Blake & Wm. ffreeman, for Newcastle & kent Counties, did subscribe the declaraon of fidelitie & profession of the Christian faith, & Test.

Adjourned till to-morrow morning.

[23d May, 1694.

Att a Councill Held att philadelphia on Wednesday the 23d of May, 1694.