[8th June, 1694. Att a Councill held att philadelphia the 8th of June, 1694. PRESENT: His Excellie BENJAMIN FLETCHER, &c. WM. MARKHAM, Esqr., Leivt. Governor. Andr Robeson, Mr. Blake, &c., from the House of Representatives, presented an address, wherin they pray the passing of the Bill for the 400lb. to Coll. Markham and Mr. LLoyd, and alledge it warrantable; which was read. The said gentl. giving his Excellie accompt that the house are Considering of an ansr to the Queen's Letter, to give them time to deliberate, His Excellie did adjourn till morrow morning. Adjourned till 9th of June 1694. [9th June, 1694. Att a Councill Held att philadelphia the 9th day of June 1694. PRESENT: His Excellie BENJAMIN FLETCHER, &c. WM. MARKHAM, Esqr., Leivt Governor. Andr Robeson, The memorial of Andr Hamilton, esqr. given to his Excellie & Councill, was read and recommended to the Consideraon of the Assembly, and was ordered to be caried to them by Wm. Clark, Esqr. The House of Representatives having Considered the said paper, doe find no Cause att present to add to the Sallerie belonging to the post office as established by the law made here Last Assemblie. Mr Bleake, Major Donaldson, Samll Carpenter and Wm. Biles, brought up a Remonstrance in ansr to the Queen's Letter, which was read, viz: "To Benjn ffletcher, Capt. Generall and Governor in Chief of this "province of pennsilvania and Countrie of Newcastle. The Remon"strance of the freemen of the said province and Countrie in generall "Assemblie mett, Humblie Sheweth: That having read thy speech "delivered us the 23d of the 3d mo., 1694, as also having Con"sidered the message sent us from thee and the Councill on the first "day of this Mo., with respect to the Queen's Letter, Wee find upon "perusall of the minuts of Assembly held here about 12 Mo. agoe, "that the rate, or tax, then granted to the king and Queen, was in "Complyance to the aforesaid Letter, so farr as the religious persua"sion of the most part of that Assemblie could admitt, and although "the said tax amounted to seven hundred and sixtie pounds, and "the greatest part therof paid in by the Countrie to the rexive Col "lectors, and (as it seems) in great readiness to be received by the "Treasurer, which we looke upon to be a verie Considerable demon"straon of our realitie and affection towards the king and Queen, Con"sidering the Circumstances and infancie of this place, and what our "neighboring provinces (who are of much more abilitie, but under "s no Less obligaon than wee are in that respect) have Contributed "upon the Like occasion; Yet notwithstanding all wee have done, 66 wee find that wee are not suitablie represented to the Indians in "the Late treaties thou had with them att Albany; and not onlie "6 soe but wee perceive by thy speech that the five Indian nations "(who till of Late have been faithfull to the Crown of England) are "6 now drawen over to the french interest, and our Indians here Like to "be Compelled to join in that fatall Confederacie, unless prevented "through thy prudent management in returning the said five Nations "to their former friendshipp with the English; for the accomplish"ment wherof, If what has been raised for support of governmt, (al"lowing a Competent Consideraon to the Leivt Gor for his Last year's "service,) or in case anie thing that wee shall Contribute towards the "Supplying of the Indians with necessaries for food and rayment, shall "( receive that Candor as to be accompted for assistance, In order to in"fluence and gain them to a Continouance of ther former amitie with "these provinces, wee shall with all readiness acquiesce that a Sute"able proportion of the monie raised, or intended to be raised & appro"priated by us to that use, Shall be reputed and taken as a support "to this governmt. Therfore, wee desire that wee may be accor"dinglie Represented to the Indians & not reckoned among those "that refuse to Comply either with the Queen's Letter or thy Just "Comands, which otherwise may prove of ill consequence to us. "Signed by ordr of the house, this 8th 4th Mo., 1694, p. "DAD LLOYD, Speaker." Adjourned till afternoon. It is the opinion of the Councill that his Excellie dissolve the Assemblie. Ordered, Mr foreman call the whole house of representatives. Mr Speaker and the whole house being present, his Excellie said: "Mr Speaker, you have now satt nineteen dayes without the Least Consideraon of their Maties Service in the Securitie of the province; you have applied the first part of yor time in the searching for grievances, which will all appear to be the effects of yor owne weaknes in not redressing ym by the due course of the Laws, there not being one of the foure you took such pains to hunt for but must reflect upon yor proprietor or yorselves." You have Laid some bills before me. First you desire me to give Sanction to two bills agt Robbing and Stealing, which tho' (as you word ym) they are not Consonant to the Laws of England, yett att yor instance and request I doe allow of them, till their Maties pleasure be further knowen. And so for the rest, viz: 2d, that for regulating weights and measures. 3d, That for Regulating Tobacco Casks. 4th, That agt Importing Tobacco by Land from Maryland. 5th, that for Limiting the Interest of money to eight per cent. 6th, That to make land and freehold liable to execuon for debt. 7th That for Impowering the widow and exers. to sell Land for paymt of debts. These other bills I cannot pass. First, the bill for Countie Levies, which appears most unreasonable and Contrary to the Laws of England and the Comon practice in anie of their Maties dominions, for particular persons to Levie money upon the subject without their owne Consent. A grand Jurie att the Quarter session doe represent the Countie, and are Judges of the necessary charges of the Countie, and may present such sums of money as are Convenient for the repairing highwayes, bridges, &c. and the Justices take care to order it accordinglie; But in this Bill the Justices and Representatives of each Countie are empowred wtout a grand Jurie, and agt their Consents, to Levie money att pleasure, under a pretence of paying old debts of twelve years standing. The Second is a Bill for Regulating fees. This power is by their Maties Letterrs patent invested in the Governor & Councill, & care shall be taken thereof, as in the province of Newyork, to yor generall satisfaction. The third is for a Sallarie for Assemblie men of Six shillings a day, I recomended to yor Care a support for the Leivt. Governor, the Judges & other officers who act by their Maties Commission in this province, To which you have allwayes Lent a deaf ear; And I find yor members of Assemblie have a way to gett their old allowance of three shills. a day by a bill for defraying Countie charges. This I think, is sufficient wages. The fourth is the money Bill, Wherein you have no regard to what I propose to you for their Maties service, In enabling mee to ansr her Maites Letter for assistance to Newyork, tho' proposed in such a way as is agreeable to the most tender Consciences among you. You wold raise monie upon the subject & dispose of it at yor pleasure to the two Late deputies in such a manner as I cannot consent to, being Limited by my instructions. You wold also putt itt outt of their Maties power to approve or disallow of yo' gift; you will not trust the Receiver generall appointed by authoritie of the Crown, but name. one of yo❜ owne, who shall not be accomptable for the sd sum, but to the two Late deputies: And you wold by this bill give a certain sum of 400lb. to those two gentl, who never acted by Imediate Commission from the Crown, and Leave the uncertain fragment for the support of governm', which, according to the measure of yo' Late allottment, will not amount to 100lb. st; I am apt to believe to nothing. Now Gentl. finding no prospect of yor Inclinaons for their Maties service or your owne saftie, I think fitt to dissolve this present assemblie, and you are hereby dissolved. The end of the Second Sessions of Councill and Assembly. [5th Febry, 1694-5. Att a Councill Held att philadelphia the 5th day of February, 1694-5. PRESENT: WM. MARKHAM, Esqr., Leivt. Governor. Robert Turner, Esqrs. Lawr Cock, Charles Sanders, Esqrs. The Leivt. Governor showed the Councill an Ordr from his Excelly the Chief Governor, Requiring him that hee cause Jno Donaldson, Esqr. be sworn one of the Councill for the province of pennsilvania & Countrie of Newcastle; which was accordinglie done. And the said Jno Donaldson Having taken the oaths appointed by act of parliamt to be taken instead of the oathes of allegiance and Supremacie, & subscribed the test, took his place att the board accordingly. 26th March, 1695. Att a Councill Held att philadelphia the 26th day of March, 1695. WM. MARKHAM, Esqr. Leivt. Governor. The Leivt Governor said to this effect: Gentl. I am glad of this opportunitie to acquaint you that I Have Latelie received their Maties Letters' patents, by which they have been graciouslie pleased to restore the proprietor to the government of this province of pennsilvania & territories, and that the proprietor has been pleased to send mee a Comission to be Governor therof under him, both which Lye before you for yor perusall, and which I intend to Cause publish forthwith; But before I doe, or that I enter upon the government, or that you are dismist from being their Maties Councill, I judge it Requisitt to take those oaths that Governors are by Law obliged to take, before you, that you may be witnesses therof; And I desire the secrie to administer the same unto mee. Wherupon, the Secrie did administer to the sd Wm. Markham, the oaths appointed by act of parliament to be taken in sted of the oathes of allegiance & supremacie, also hee subscribed the test, as also the oathes appointed by the act of parliamt made in the 12th year of the reign of Charles y 2d, Entitled an act for the encouragement & Increasing of Shipping & navigation ; & by the act of parliamt made in the 15th year of his sd reign, Entitled an act for the encouragement of trade. All which oathes the sd Wm. Markham did Solemnlie take in psence of the sd Councill. The Leivt Governor did also desire the Secrie to Record their said Maties Letters patents for Restoring the proprietor to his government, and the proprietor's Comission to him to be Governor under him, in the minuts of Councill book. The Leivt Governor then said: Gentl. I thank you for the true allegiance and Loyaltie I have observed in you all to their Maties, or Soveraign Lord & Lady, Wm. & Mary, which you have showen by yor readiness and willingness to their Service upon all occasions. I also thank you for all yor kindnesses to mee whilest Leiv Governor, for all which you shall alwayes find mee readie to serve you wherin I may. Pray gentl, As it is all or duties, Soe let us hereby jointlie give or heartie thanks to his Excelly Governor fletcher, for his care of ye province, and for his affections to the proprietor and us, Humblie beseeching His Excellie that hee will be pleased still to Continou ye same, assuring him of our true, sincere and unfeigned respects and service to or outmost; To which all the Council Heartilie assented. Then the Leivt Governor said: Gentl. I desire you will attend the publishing of their Maties Letters patents, which will be the Last act you can doe as their Maties Councill under His Excellie Governor fletcher; Whereby you will pet the more express yor readie obedience to their Maties Commands. Soe bid you Heartilie farewell. Here follow their Maties Letters patents. Their Maties king William & Queen Mary's Letters patents restoring Wm. penn, Esqr. proprietor of pennsilvania, to the governmt of the said province : William & Mary, by the Grace of God, king & Queen of England, Scotland, ffrance & Ireland, defendrs of the faith, &c. Wheras, upon informaon that by reason of great miscarriages in the government of our province of pennsilvania in America, & the absence of the proprietor, the same was fallen into disorder & confusion, By means wherof not onlie the publick peace & administraon of Justice was broken & violated, But there was also great want of provision for the guard and defence of our sd province agt our enemies, wherby it was apprehended that our sd province & the adjacent Colonies, wer much in danger of being Lost from the Crown of England; for prevention therof, as much as in us Lay, & for the bettor defence & Securitie of or subjects Inhabiting those parts during this time of warr, Wee did find it absolutlie necessarie to take the government therof into our hands, and under our Immediat Care & protection; And did therupon, by Letters patents under our great Seal of England, bearing date the Twentie-first day of October, in the fourth yeare of our reign, Constitute and appoint our trustie & well beloved |