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England in general, and to thy friends there in particular, (as appears by thy letters from time to time) whilst the interest of this province was sinking, which might have been upheld by the many wealthy persons that were inclined to transport themselves here, after the rout of Monmouth, if thee had then came over according to thy repeated promises and how far thy stay has either effected what thou went about, or contributed to the establishment of the inhabitants here in their just rights and liberties, and properties, we leave thee to demonstrate, and the world to judge: in the mean time, we desire thee to consider better what to place to the account of this province; and do not forget that no part of thy pretended charges was expended in paying some of those who acted under thee, in the administration here, one of whom, viz. Thomas Lloyd, served thee in that station about nine years of thy absence, which thou leaves, it seems, for the country to discharge.

"That after thou had managed these points, and was sent for to England, thou granted the third charter of privileges, by which we are now convened; as also a charter to incorporate the city of Philadelphia, and signed a charter of property, but refused to order thy seal to be affixed thereunto, till thou had advised upon it in England: nevertheless, thou promised under thy hand, that thou would confirm the first part of it relating to titles of land, but thou sent thy order, under hand and seal, dated within six months after, to countermand the sealing thereof.

That after the laws were completed for raising all the said taxes and imposts, thou proposed that if thy friends would give thee a sum of money, thou promised to negociate their affairs at home to the best advantage; and endeavour to procure the approbation of our laws, and a general exemption from oaths: we find that considerable sums have been raised by way of subscription and benevolence, for that service; part thou received before thou went, and more have been received since by thy secretary; but we had no account that our laws are approved, nor had we as much as a letter from thee, nor any other intimation, but by thy secretary's letters,

which he thought fit to communicate by piece-meals, whereby we understand, thou hast been making terms for thyself and family and by what we gather, thou hast been upon surrendering the government; nor are thy friends here eased of oaths, but on the contrary, an order from the queen, requiring oaths to be administered to all persons who are willing to take them in all judicatures, whereby the people called Quakers are disabled to sit in courts.

"That by the last charter of privileges, thou established an annual election of representatives for assembly, and that they should continue and sit upon their own adjournments; yet by thy commission to thy present deputy, John Evans, thou did in a direct opposition to the said charter, give him power not only to call assemblies by his writs, but to prorogue and dissolve them as he should see cause; and also reserved to thyself, though in England, thy final assent to all bills passed here by thy deputy: we suppose thou hast not forgot, that what rendered the former charter inconvenient, if not impracticable, was chiefly that colonel Fletcher's interruption had extinguished the rotation of the council, and next to that, the proposals of laws by the council, in presence of the governor; as also the instability of the lower counties, which we had before experience of, and whose result was then doubted, as hath since happened: but that annual standing assemblies, liable only to the dismission and call of the governor as occasion required, was never found an inconveniency, nor assigned as a reason for changing the said former for the present charter: and should that of dissolution be introduced, it would frustrate the constitution, because if a dissolution should happen, the province might be a great part of the year without an assembly, and the governor without power to call one, whatsoever commands from the crown, or other occasions may happen; for that the election being fixed by charter, which is in nature of a perpetual writ, and has the authority of a law: if it could be superseded by the governor's writ, which is but an act of state, and merely temporary, it would be of pernicious consequence to the province as well as thyself: and of this thou seemed very

sensible, when being desired by the assembly, upon the close of the session in the year 1701, to dissolve them, (being then called by writs) thou told them, thou wouldst not do it, for that thou couldst not answer to the crown to leave the province without a standing assembly.

"That as the exemption from any dissolution or prorogation, seems to be an inseparable consequent of thy grant, as well as our constant practice upon the former charter, which this was by thy promise to exceed, so upon an attempt made by the council, to prorogue us in October last, we have thought it our duty to prepare a bill for ascertaining, explaining, and settling our present constitution; which we having presented to thy deputy for his assent, he finding that the power of dissolution and prorogation is not in express words granted away by charter, as also the inconveniency thereof with his said commission, after several conferences thereupon, had with him and his council, he thought fit to advise us to forbear the farther pressing it, till we should hear from thee; therefore he being unwilling to pass the said bill by us judged so necessary, and the very foundation of our present constitution, we could not think it proper to proceed to perfect any other business, whilst that remained unsettled: nor do we suppose any thing will be done in legislation either by the present or succeeding assemblies, till the difficulties we labour under herein be removed, either by thy speedy order, or by thy deputy without it; seeing to proceed upon other matters, would be to raise a superstructure before the foundation were well laid; nor do we look upon it very advisable for us to proceed far in legislation, until thou repeals those parts of thy lieutenant's commission, relating to prorogation and dissolution of assemblies, for the reasons before given; as also concerning thy final assent to laws, which we conceive to be very unreasonable in itself, and a great abuse and violation of our constitution, that thou should offer to put three negatives upon our acts, whereas by our first charter, we had none but that of the crown; and how thou gained another to thyself, we have before shewed thee, but now to bring us under three, seems a contrivance to provoke us to complain to the

queen, that thou art not effectually represented here, and make that a motive for her to take us under her immediate care and protection, which would make thy surrender in some measure our act, which if thou should do without the consent of the landholders and inhabitants of this province first obtained, would look too much like treachery.

"That it appears, by several petitions now before us, that very great abuses have been and are put upon the inhabitants, and extortions used by thy secretary, surveyors, and other officers, concerned in property as well as courts, which might have been prevented or sooner remedied, had thou been pleased to pass the bill proposed by the assembly in the year 1701 to regulate fees; as also the want of a surveyor-general, which is a great injury and dissatisfaction to the people; as is likewise the want of an established judicature for trials between thee and the people; for if we exhibit our complaints against thee, or those who represent thee in state or property, they must be determined by or before justices of thy own appointment; by which means, thou becomes, in a legal sense, judge in thy own cause, which is against natural equity: therefore, we propose, that a man learned in the laws of England, may be commissioned by the queen, to determine all matters, wherein thy tenants have just cause to complain against thee, thy deputies or commissioners; or else restore the people to the privilege of electing judges, justices, and other officers, according to the direction of the first charter, and intent of the first adventurers, and as the people of New England have by king William's charter: that thy commissioners of property, are very unwilling to make good the deficiencies of those nos thou hast been many years ago paid for (though thou gave them power so to do) and so great is the difficulty and trouble to get satisfaction in this particular, that it is better for one to forego his right, than wait on and attend the com ssioners about it, unless the quantity wanting be very great.

"We have many other things to represent to thee as grievances; as thy unheard of abuses to thy purchasers, &c. in

pretending to give them a town, and then by imposing unconscionable quit-rents, makes it worse by ten-fold than a purchase would have been: also the abuse about the bank, and want of common to the town, and not only so, but the very land the town stands on, is not cleared of the Swedes' claims.

"These are the chief heads, which we thought fit at this time to lay before thee, earnestly intreating thy serious consideration of them, and that thou will now at last, after we have thus long endured and groaned under these hardships (which of late seem to be multiplied upon us) endeavour as far as in thee lies, to retrieve thy credit with us thy poor tenants and fellow-subjects, by redressing these aggrievances, especially in getting our laws confirmed, and also to be eased of oaths, and giving positive orders to thy deputy to unite heartily with us, upon our constitution; and that the charters thou granted us for city and country, may be explained, settled, and confirmed by law: and we further intreat, that effectual care be taken for the suppressing of vice, which, to our great trouble we have to acquaint thee, is more rife and common amongst us since the arrival of thy deputy and son, especially of late, than was ever known before: nor are we capable to suppress it, whilst it is connived at, if not encouraged by authority; the mouths of the more sober magistrates being stopped by the said late order about oaths, and the governor's licensing ordinaries not approven by the magistrates of the city of Philadelphia, and the roast chiefly ruled by such as are none of the most exemplary for virtuous conversation: thy positive orders in the premises, will. be absolutely necessary to thy deputy, who thinks it unreasonable, and a great hardship on him, to give sanction to laws explanatory of thy grants, or to do any thing by way of enlargement or confirmation of aught, save what is particularly and expressly granted by thee, it being by some of his council urged as an absurdity in us to expect: and we desire that thou would order the licensing of ordinaries and taverns, to be by the justices, according to thy letter dated in September, 1697; and we hope we need not be more ex

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