In the Council five bills were promulgated and presented to the Assembly. Of the character of these bills, the record shows absolutely nothing. That one of them, "Bill No. 5," was considered of vital importance by the Council, and was so obnoxious as to be petitioned against by the inhabitants of some of the counties, and was, consequently, defeated by the Assembly, will appear, as will also the fact that the defeat of this bill was the cause of a disagreement between the Council and Assembly, which resulted in the dismissal of the latter body before the adoption of any of the promulgated bills.

William Clark, of Sussex, was chosen Speaker of the Assembly, William Alloway Clerk, and Charles Ware, Messenger, or door-keeper.

On the second day's session, a "printed paper" was presented by some of the inhabitants of the town and county of Philadelphia, who desired to have it read. The Speaker answered that its reading would be held under consideration.

Two days afterwards, when promulgated bill "number 5" was called for

consideration upon first reading, a protest was entered against its passage by the inhabitants of Chester county.

The "printed paper," above referred to, seems also to have been a protest against the passage of this bill, and after some consideration, on part of the Assembly, the paper was permitted to be read, and seems to have had the desired effect of defeating the obnoxious measure in the Assembly. The other promulgated bills were passed by the Assembly, and messaged back to the Council, which body delayed final action upon them, evidently awaiting the result of a proposed motion to reconsider the Assembly's action on bill number 5. Unsatisfactory answers were accordingly given by the Council to all committees of the Assembly seeking information in regard to the Council's action on the bills, until the attempted re-consideration of bill No. 5 having utterly failed in the Assembly, that body received a reply so conclusive as to terminate, not only all further conferences on pending legislation, but also to bring the present session of the General Assembly to an abrupt adjournment.

The Council sent this message: "That the Governor and several members of Council did highly resent that printed paper, and that they had no further business to this House at present."

Although the Assembly, upon receipt of this message, immediately passed a resolution disapproving of the "dispersing and scattering" of the printed paper, the Council refused to transact any further business with them, and dismissed them finally on the next day, May 18, and thus closed the session of the last General Assembly prior to the suspension of the present Proprietary rule.

CHAPTER VIII.

GOVERNOR FLETCHER AND HIS FIRST ASSEMBLY, 1693.

The ostensible reasons why William Penn was deprived of the control of the government of his Province of Pennsylvania by the crown of England, in the year 1692, appear in the body of the commission granted by King William and Queen Mary, on the 20th of October, in that year, to Col. Benjamin Fletcher, to be Captain-General and Governor-in-Chief of Pennsylvania, &c. These reasons may be briefly summed up as follows: First. That the Province had fallen into disorder and confusion, owing to great neglects and miscarriages in its government. Second. That in consequence of this misgovernment, the public peace and administration of justice were broken and violated, and Third. That no provisions for the defense of the Providence against its enemies had been made, in consequence of which not only the Province alone, but the adjacent colonies were in danger of being lost to the Crown of England. But the true cause of this action of the King and Queen was undoubtedly grounded in a dislike for Penn, engendered by his intimate connection with the administration of the late King James, and augmented by the misrepresentations of the Proprietary's personal enemies, who could have had no more fitting opportunity for their detractions, or safer cloak for their designs, than that afforded by the reports concerning the late disorders in the government of Pennsylvania.

How completely the rights of the Proprietary and the existing constitution and laws of the Province were disregarded in the appointment of Governor Fletcher, can be gathered from the terms of his commission, which empowered him to govern both New York and Pennsylvania, under the same plan of government, with equal powers and prerogatives in both Provinces.

His Excellency BENJ" FLETCHER, his Commission und' the great Seal of England, to be Cap Generall and Governo' in Cheif in and over their Maties. Province of Pennsilvania & Countrie of New Castle, &c. William and Mary, by the grace of God, King and Queene of England, Scotland, France and Ireland, defenders of the faith, &c. To Our Trusty and well beloved Benjamin Fletcher, Esquire, our Captaine Generall and Governo in Chiefe of our province of New Yorke, and the Territories depending theron, in America, Greeting:

Whereas, by Our Commission, under our great Seale of England, bearing date the eighteenth day of March, in the fourth yeare of our Reigne, Wee have Constituted and appointed you, the said Benjamin Fletcher, to be our Captaine Generall and Governo in Chiefe in and over our Province

of New Yorke, and the dependencies thereon, in America: And have thereby granted unto you full power and authority, with the advice and Consent of our Council, as need shall require, to Summon and Call Generall Assemblies of the Inhabitants, being ffreeholders, within our said province, according to the usage of our province of New Yorke: And that the persons thereupon duely Elected by the major part of the ffreeholders of the respective Counties & places, and soe returned, and haveing before theire Sitting taken the oathes appointed by act of Parliament to be taken, in Stead of the oathes of Allegiance and Supremacy, and Subscribed the Tes, and without takeing and Subscribing whereof none shall be capable of Sitting, tho' elected, shall be called and held toe Gen. erall Assembly of that our said province: And have thereby granted unto you, the said Benjamin Fletcher, by and with the Consent of our said Council and Assembly, or the major part of them, full power and authority to make, constitute and ordaine Lawes, Statutes and ordinances, for the publick peace, welfare, and good government of our said province, and of the people and Inhabitants thereof; which said Lawes, Statutes and ordinances, are to be (as neare as may be) agreeable to the Laws and Statutes of this our kingdome of Englande: Provided, that all such Lawes, Statutes and ordinances be within three months, or Sooner, after the making thereof, Transmitted unto us, under our Seale of New Yorke, for our approbation or disallowance of the same; And in Case any or all of them, being not before Confirmed by us, Shall att anie time be disallowed and not approved, and soe Sign fied by us, our heires & Successors, under our, or their Signe manuall or Signett, or by order of our, or their, privy Councill unto you, the said Benjamin Fletcher, or to the Commander in Chiefe of our province of New Yorke for the time being, Then such & soe many of them as shall be soe disallowed and not approved, Shall from thenceforth cease, determine, and become utterly void and of none effect. And to the end that nothing may be passed or done by our said Councill or Assembly, to the prejudice of us, our heires and Successors, Wee have thereby willed & ordained that you, the said Benjamin Fletcher, shall have and enjoy a Negative Voice in the makeing and passing of all Lawes, Statutes & ordinances, as aforesaid; And that you shall & may likewise, from time to time, as you shall judge it necessary, adjourne, prorogue and Dissolve all Generall Assemblies, as aforesaid; With full power and authority from time to time, by your Self, or by any other to be authorized by you in that behalf, t, administer and give the Oathes appointed by act of Parliament to be taken in stead of the Oaths of allegiance and Supremacy, to all and every such person or persons, as you shall thinke fitt, who shall at any time or times passe into our said province, or shall be resident or abiding there; and with the advice and consent of our Said Councell, to Erect, constitute and establish Courts of Judicature and publick Justice within our said province, and for the hearing and determining of all Causes, as well Criminall as Civill, according to Law and Equite, and for awarding of Execution thereupon, with all reasonable and necessary powers, authorities, fees and privileges belonging unto them: As also, to appoint and Commissionate fitt persons in the Severall parts of our said province, to administer the Oaths appointed by act of parliament to be taken instead of the oathes of allegiance and Supremacy, and the Test, unto such as shall be obliged to take the same: And also, to Constitute and appoint Judges, Justices of the peace, and other necessary officers and ministers in our said province, for the better administration of Justice and putting the Lawes in execution, and to administer, or cause to be administerd, such Oath or Oaths as are usually

given for the due execution and performance of offices and places, and for the clearing of Truth in Judiciall Cause 3. AND WHEREAS, wee judge it necessary that all our Subjects may have Liberty to appeale to our Royall person in Civil Causes that may deserve the same. Wee have thereby further signified our pleasure, that if either party shall not rest Satisfied with the judgment or Sentence of the Superior Courts of our said province, They may then appeale unto us in Our privy Councill, provided the matter in difference exceed the reall value and Sum of three hundred pounds Sterling, and that such appeale be made within one fortnight after sentence, and that security be Likewise duely given by the appellant, to answer such charges as shall be awarded in Case the first sentence shall be confirmed: And provided also, that execution be not suspended by reason of any such appeale unto us, And where you shall judge any offender or offenders in Criminall matters or for any fines or forfeitures, fitt objects of our mercy, you have full power and authority to pardon and remitt such offences, fines and forfeitures, before or after sentence given, Treason and willfull murther only excepted, In which Cases, upon extraordinary occasions, you are to grant reprieves to the offenders untill our Royall pleasure may be knownc therein. AND WHEREAS, by our said Commission, wee have given & granted unto you, the said Benjamin Fletcher, by yourself, your Captaines, & Commanders, by you to be authorized, full power and authority to Levy, arme, muster, Command and employ all persons whatsoever, residing within our said province, under your government; and as occasion shall serve, them to Transferr from one place to another, for the resisting and withstanding of all enemies, pirates and rebells, both att Sea and Land, and to transport such forces to anie of our plantations in America, as occasion shall require for the defence of the same against the invasion or attempts of any of our enemies; And to execute martial Law in time of invasion, insurrection or warre, and during the continuance of the same, as also upon Soldiers in pay, and to doe and execute all and every other thing and things which to a Captaine Generall Doth or ought of right to belong; And also, to erect, raise and build in our said proviuce, such forts, plattforms, Castles, Citys, Boroughs, Townes & fortifications, as you, by the advice aforesaid, shall adjudge necessary; and the same, or any of them, to fortify and furnish with Ordnance, Ammunition, and all sorts of armes, fitt and necessary for the security and Defence of our said Province: AND WHEREAS, wee have thereby further given and granted to you, the said Benjamin Fletcher, full power and authority to Erect one or more Court or Courts admirall within our province of new yorke, for the hearing and determining of all Marine and other causes, & matters proper therein to be heard, with all reasonable and necessary powers, authorities, fees and privileges; and to exercise all powers belonging to the place & office of Vice admirall of and in all the seas and coasts about our said province, according to such Commission, authority and instructions as you shall receive from our selfe, under the seal of our admiralty, or from our High admirall, or Commissioners for executing the office of High admirall of our foreigne plantations for the time being; And to Order and appoint faires, marts and marketts; as also, such and so manie ports, Harbours, Bayes, havens and other places for the Convenience and Security of Shipping, and for the better Loading and unloading of goods & merchandizes, as by you, with the advice and consent of our said Councill, shall be thought fitt and necssary; And in them, or anie of them, to erect, Nominate and appoint Custome houses and officers relating thereunto, and them to alter, change, place or displace, from time to time, as with the advise aforesaid shall be thought fitt,