PRESENT: WILLIAM MARKHAM, Esqr, Governor &c. et ysdem ut supra, except Jno Donaldson-sick at philad. The Governor told the Councill that Hee had received His Excellie Gor ffletcher's speech to the assembly of newyorke, dated 16th instant, which had some relaon to the first thing by him recommended to the assembly, viz: The Consideraon of the Late Queen's Lettr for the Quota to be sent by this province to Newyork, and askt the advice of the Council, whether to Lay it before the Assembly. The Council advised him to lay it before them. Adjourned to 3. post meridiem. POST MERID. Att a Council Held att philadelphia, Hora tertia post meridiem. PRESENT: WM MARKHAM, Esqr, Governor, &c., et ysdem ut antea, except ut antea. The Governor Ordered Wm. Clarke & pat. Robinson to acquaint the Assembly to attend him forthwith, which they two accordinglie performed, & told the Governor they would wait upon him. Mr Speaker & the members of Assembly appearing, The Gor said: "Gentl., You may Remember that the 27th in"stant I recommended to you the effectual Consideraon of the late "Queen's Lettr, & his Excellie the Gor of newyorke, his demands of "the Quota therin mentioned, to be sent for the assistance of new"york from this province. Since which, I have received the sd Gor "ffletcher's speech to the assembly of newyork, dated the 16th instant, which had some relation to that matter, which I give you, "that thereby you may see the pressures of that province, & the great "occasion they Have of men & monie, & of food & rayment, to be "given to those nations of Indians that have Latelie suffered ex"treamlie by the French, which is a fair opportunitie for you (yt for "Conscience cannot Contribute to warr) to raise monie for that oc"casion, be it undr the Colour of support of governmt, or of reliefe "of those Indians, or what else you may call it. The Speaker said "they wold Consider of it." Adjourned to 30th instant. [30th Octobr, 1696. Att a Councill Held att philadelphia die Veneris, 30th Octobr, 1696. The Gor acquainted the Council that yesterday Hee had received a Lettr from his Excelly Gor fletcher of Newyork, demanding the Quota assigned for this province & Newcastle; which hee caused the Secrie to read, and then ask the advice of the Council, whether to send for the assembly & comunicate the same to them. The Council advised him so to do. Ordered, that John Hill & Jno Brinckloe acquaint the assembly to attend y Gor forthwith, Who reported that the Assembly wold wait upon him speedilie. Then the assembly desired admittance, and wer accordingly admitted. Then the Governor said: "Mr Speaker & you Gentl. of the assembly, you are a verie silent & close Assembly, which I believe "proceeds from some jealousies you may have that I intend to take "away yor Charter. Mr Goodson relinquished his assistanceshipp to me, that Arthur Cook might take it up, by presenting to mee a "Comission from the proprietor to me, which hee had keept hid from mee these 18 mo's past, & wch authorized me to act according to "Law & Charter, & by another to Samll Jennings & Arthur Cook, "to be my assistants, which they also keept hid from mee the Like "time. Gentl, After the proprietor had his Governmt restored to "him, I was of opinion that his Charter to you was in force, and I "then called you together according to it, (except in the day,) & en"deavored to putt the governmt in that frame it was in before it was "taken from him, & no man more asserted the powers of the Charter "than I did, and am still readie to doe; But the then Representa"tives wer of opinion that it Could not be Reassumed but by a Le"gislative authoritie, which was a thing of too great moment for mee "to have done wtout advice from the proprietor, who gave the Char"ter; and since at that time you owned not yorselves to a provincial "Charteral Councill, It was then in my power to dissolve you, which "I did. Gentl. no man ever heard mee say that the Charter was "void, & no man stood more for the defence of it than myself. And "had that Comission which Mr Cook now presents to mee from the "proprietor, which authorizes mee to act by Law & Charter, been "the first presented to mee, I could not even by it have acted more "Charterallie than I did by that by which I then & now act, which "authorizes mee to act according to the Laws & Usages. And since you say that the Charter cannot be putt into act & motion without "a Legislative authoritie, If I had power or Instructions from the "proprietor to doe it I wold most willinglie; But yet for all that, care must be taken ffor the governmt, and if by Charter I can doe "nothing by the king's Letters patents, I must, seeing the emergencie "of affairs, call for it with all dispatch. Gentl, If there be any thing you wold have me do that may secure anie right or claime you have "in Law or equitie to that Charter, or anie part of it, (besids putting "it in force wtout the proprietor,) I'le offerr that nothing you doe "this sessions shall be any manner of way prejudicial to yor claime or right to the same. "Gentl, Its above 12 mo's since I called an Assembly, & indeed "I was backward to call one, knowing how fond you wer of the "Charter, Hoping to Have Heard from the proprietor; but now the "emergencies being such that I could no Longer delay the calling you, I have now called you according to the king's Lres patents to "Mr penn, & as neer as I can according to the Customs of the nigh"bouring provinces. Gentl, yesterday I received a Lettr from his "Excelle Gor fletcher, demanding or Quota, &c." Which the Gor ordered the Secrie to read, whch was done, & delivred to the assemblie for their Consideraon. Then the Speaker of the Assemblie presented to the Governor a paper of this tenor, viz: "To the Governor & Councill. Wheras, the Gor has been pleased "to conveen us by his writts, tho' not in the form of Charter, as wee "could desire, Wee have obeyed the same & considered what he has "laid before us, Viz: an ansr to the Late Queen's Letter, & or pro"rietor's promise upon his restoration to his governt, And wee are "heartilie & Unanimouslie willing & ready to perform or duties "therein so farr as in us Lyes, If the Gor wold be pleased to settle "us in or former Constituon enjoyed by us before this govermt was "comitted to Gor fletcher's trust. Signed by order of the assem❝blie. JOHN SIMCOCKE, Speaker." Then the Gor said: "Gentl., What I have said to you but now "Contains a sufficient ansr to this message, Soe I need not repeat it "again. And Gentl, you may make what Salvo you please to secure your Charter, so that nothing that shall now be done shall "prejudice your right & claime to it, and He consent to it, but I "cannot give it you for want of power." Adjourned to 4 post meridiem. POST MERIDIEM. Att a Councill Held att Philadelphia Hora Quarta, post meridiem. PRESENT: WILLIAM MARKHAM, Esqr. Governor, &c. et ysdem ut supra. Two members from the assembly acquainted the Governor that the assemblie desired a Conference with some of the members of Council, Wherupon the Gor appointed Wm. Clark, David Lloyd, John Hill & pat Robinson, to join a Comittee of the assemblie, In order to Consider what expedient they may find outt to secure to the people their Charter, Liberties & priviledges, if the assemblie will att this time raise monie to ansr the Queen's Letter for the assistance of newyorke, and to meet to-morrow morning. Adjourned to 31st instant. [31st Octobr, 1696. Att a Councill Held att philadelphia Die Saturni, 31st Octobr, 1696. PRESENT: WM. MARKHAM, Esqr., Governor, &c., et ysdem ut Supra. William Clarke (who was Chairman of the sd Comittee) made report to the Governor & Councill in writting, viz: att a Comittee held att philadelphia the 31st instant: psent for ye Councill W.Clark, David Lloyd, Jno Hill & pat. Robinson; for the assemblie, Cornelius Empson, Wm. Biles, Samll Richardson, Wm. Rodeney, Caleb pussey, Jno Miers, Jno Blunston, Samll Carpenter. The matter Comitted to Consideraon being, what may be the best expedient to ansr the Queen's Letter & preserve the people's priviledges Considering the Governor's ansr to the assemblie yesterday. After a full Consideraon & debate therupon, It is the Opinion of the Comittee that money may be raised to ansr the Queen's Lres, with this proviso: That the the Gor, att the request of ye assembly, will be pleased to pass an act with a salvo to the proprietor & the people, and that hee will also Issue outt his writts for choosing a full number of representatives on the tenth day of the first mo. next, To serve in provincial Councill & assemblie, according to Charter, untill the proprietor's pleasure be known therein, and if the proprietor shall disapprove of the same, that then such act shall be void & no wise prejudicial to him nor the people, In relation to the validitie And ye sd Wm. Clark further Reor Invaliditie of the Charter. ported, that the Assemblie have Caried the sd report to the assemblie for their acquiescence to the same. Then the Gor desired pat. Robinson to acquaint the assemblie that the Governor waits for them, who returned that they wold wait upon him speedily. The assemblie appearing, Mr Speaker presented to the Governor the said Report, with this addition, viz: The assembly having approved of this report, Humbly request the Governor to Consider the same and Concurr therein. Signed in behalf of the assembly, y 31st 1696. JNO SIMCOCKE, Speaker. day of the 8th mo., Adjourned to 3d Novembr, 1696. [3d Novembr, 1696. Att a Council Held att philadelphia Die Martis, 3d Novr, 1696. PRESENT: WILLIAM MARKHAM, Esqr. Governor. Edward Shippen, Anthony Morris, Jasper Yeates, John Brinkloe, Wm. Clarke, The Governor said: Gentl, I here propose to you a frame of governmt much the same wt the Charter, but with some emendaons & alteraons, which I think to present to ye assembly, & yrfore desired Jno Hill & Jno Brinkloe to acquaint them that hee waits for them, who return that they will wait on him forthwith. The assemblie appearing, The Gor said: Mr Speaker & you Gentl. of assemblie, I have Considered the Report of the Comitee & yor acquiescence wt it, have drawn up some heads of a frame of governmt with some emendations & alteraons from ye Charter, wch I give you, & desire you to Consider of it & draw it up into a bill, & then I will Consider whether to pass it into an act or not. Adjourned to 7th 9br, 1696. [7th Novembr, 1696. Att a Council Held att philadelphia Die Saturni, 7th Novembr, 1696. PRESENT: WM. MARKHAM Esqr, Governor, &c., et ysdem ut supra, except Jasper Yeates. The Gor desired pat. Robinson & Jno Brinckloe to acquaint the assemblie that hee and Council doe wait for ym, who returned yt yo assembly wold wait on him in a verie short time. The Assemblie appearing, The Speaker presented to the Gor five bills which had past their house. The Governor told ym that hee would cause them to be read & Considered. Then the Gor desired the Secrie to read the first bill, which hee did; & ordered the following title to be prefixed to it, viz: The frame of the governmt of ye province of pennsilvania & Territories yrunto belonging. As also, ordered the two Interlineations in page 2d to be delet. And in page 3d, instead of the words (three years,) to insert the words (Two years;) and in page 8th, after the words (relating to the peace,) to insert the word (saftie.) Then the Gor desired the Secrie to read the second bill, entitled an act far raising One penny per pound, &c. which hee did, and ordered in page 4th the words (support of governmt and) to be delet; and ordered the Secrie to Cary them back to ye assembly with the sd amendments, for their perusal. Adjourned to 2 post meridiem. POST MERID. Att a Council held att philadelphia eodiem die, post merid. PRESENT. WM. MARKHAM, Esqr. Governor, &c. et ysdem ut supra, except ut supra. The Gor desired ye Secrie to read y 3d bill, entitled an act how to raise Countie Levies, which was approved of. As also the 4th bill, entitled an act for preventing of Hoggs, &c. Running att Large in the Town of Chester, wch was approved of. As also y 5th bill, entitled An act for preventing of accidents that may happen by fire in the towns of philadelphia & newcastle, wch was approved of. Then the Gor desired Juo Hill to acquaint the assemblie yt he waited for ym forthwith. The assembly appeared & psented to ye Gor the first two bills wch they past in their house, wt the amendments proposed. Then the |