USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 50
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Sam" Richardson, David Lloyd, Richª Hallywell,
Anthony Morris,
Caleb pussey,
John Brink loe,
phinehas pemberton, George Marris,
Griffith Jones.
The Go' himself read to the Councill some part of a Lre directed to him from Go' Fletcher, wherin hec told him Hee should not be want- ing in calling for the supplies, ordered him outt of this province by the Royall Comand, And then ordered the Secrie to Issue writts to the sheriff of each of the Six rexive Counties, to warn the repsentatives of Councill & assemblie to meet at philad the 9ª of 7ber. next, as was agreed Last provinciall Councill; & y' in case of the death of anie of ye Repsentatives, giving power to the rexive sheriff's to elect others in their rooms, according to Law.
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PROVINCE OF PENNSILVANIA & COUNTIES ANNEXT. [20% Aprill, 1695.
Minutes of Councill in the Assemblie Anno R. R. et Ræ, Willielmi et Maria, &c. Nunc Anglia, &c. Septimo.
Att a Councill Held att philadelphia die Saturni, 20th Aprill, 1695.
PRESENT :
WILLIAM MARKHAM, Esq', Governo' under Wm. penn, &c.
The Sheriff of the Countie of philadelphia, his Return of Repre- sentatives in Councill was read, & there wer elected Sam" Carpenter for 3 years, Sam Richardson for 2 years, & Anthony Morris for one yeare. As also the Sheriff of the Countie of Chester, his return of repsentatives in Councill was read, & there were elected David Lloyd for 3 years, Caleb pussey for 2 years, & George Marris for one year.
Adjourned to 22' instant.
[224 Aprill, 1695.
Att a Councill Held att philad. Die Luna, 224 Aprill, 1695.
PRESENT :
WM. MARKHAM, Esq'., Governo' under Win. penn, &c.
The Sheriff of the Countie of Newcastle, his return of repsentatives
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in Councill was read, & there were elected Jnº donaldson for 3 years, Jnº Williams neering for 2 years, & Richard Halliwell for one year, all which six members appearing in Councill, their elections wer approved of.
The Sheriff of the Countie of Bucks, his return of repsentatives in Councill being read was rejected, becaus it did not mention the day of their election, nor the rexive years for which the members were to serve.
'The Sheriff's of the Counties of kent & Sussex their Return of repsentatives in Councill being Read was rejected, becaus they made not their election till the 13" instant.
The Repsentatives of the Countie of Newcastle took the oathes appointed by act of parliam' to be taken instead of the oathes of alle- giance & supremacie, & subt the test, & promise of secresie, & took their places att the Councill board.
The Repsentatives for the Countie of philad. & Chester did sub- scribe the declaraon of fidelitie, profession of the Christian faith, test & promise aforesd, & took yr places as above.
Adjourned to 23ª instant.
[23' Aprill, 1695. Att a Councill Held att philad. Die Martis, 23' Aprill, 1695.
PRESENT:
WM. MARKHAM, Go' under Wm. penn, &c.
Sam" Carpenter, David Lloyd, Jnº Donaldson,
Sam" Richardson, Caleb pussey, Jnº Williams,
Anthony Morris, George Marris, Richª Halliwell.
The Governo" desired pat. Robinson, Secrie., to read yr Maties Lres patents under the Great Seal of England, restoring the proprie- tarie to his governm'; & the proprietaries Comission to Wm. Mark- ham, to be Governo" und" him, & his Comission to Jnº goodson & Sam" Carpenter, to be his assistants, all which hee accordinglie read, & they stand recorded in the other end of this book.
Adjourned to 24th instant.
[24* Aprill, 1695.
Att a Councill Held att philad. Die Mercury, 24* Aprill, 1695.
PRESENT :
WM. MARKHAM, Go' under Wm. penn, &c., et ysdem sicut antæ.
In respect of the Illegalitie of the Returns of Repsentatives for the Counties of Bucks, kent & Sussex, Ordered that new writts be issued for their election of repsentatives upon ye 8th of May next, & to nicet in Councill the 18th of sd mo., which was accordinglie done.
Adjourned to 18" May, 1695.
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MINUTES OF THE
[18 May, 1695. Att a Councill Held att philad. Die Saturni, 18th May, 1695.
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PRESENT :
WM. MARKHAM, Governo' under Wm. penn, &c.
Sam" Richardson, David LLoyd, George Marris,
Anthony Morris, Caleb pussey,
Jnº Donaldson.
The Sheriff of the Countie of Bucks, His Return of Representatives in Councill was read, & there were elected Joseph Growdon for 3 years, phinchas pemberton for 2, & Wm. Biles for one yeare: The Sheriff of the Countie of kent, his Return of Repsentatives in Coun- cill was read, & there were elected John Brinkloe for 3 years, Rich- ard Willson for 2, & Griffith Jones for one yeare.
The sd Jnº Brinkloe & Richd Willson took the oathes aforesd & subt the test & promise of secresie. The sd Griffith Jones subt the declaraon of fidelitie, profession of the Christian faith, the test & pro- mise of secresie, & took yr places att the board.
[204 May, 1695. Att a Councill Held at philad. Die Lune, 20" May, 1695.
PRESENT:
WM. MARKHAM, Governo" und" Wm. penn.
David LLoyd, Jnº Donaldson, Jnº Brinkloe,
Caleb pussey, Jnº Williams, Griff. Jones
George Marris, Richd Hallywell,
The Sheriff of the Countie of Sussex, His return of Representatives was read, and there were elected Wm. Clark for 3 years, Thomas pemberton for 2 years, & Robert Clifton for one year.
The' sd Wm. Clark, phinehas pemberton & Wm. Biles, did subscribe the declaration, &c. profession, &c. test & Secresie, & took their places att the board. The said Thomas pemberton & Rob' Clifton took the Oathes, test & promise of secresie, & took their places as above, & so wer psent : phinehas pemberton, Anthony Morris, Griffith . Jones,
William Biles, Jnº Donaldson, Richard Willson,
David Lloyd, 'Jnº Williams, Wm. Clarke,
Caleb pussey, Richd Hallywell, Tho. pemberton,
George Marris, Jnº Brinkloe, Rob' Clifton.
Sam1 Richardson,
After the reading of y' Maties Lres patents for restoring the pro- prietarie to his governm', & the proprietaries Comission to Wm. Markham to be Governo" under him, & to Jnº Goodson & Sam" Car- penter to be his assistants, by the Secrie, The Governor said :
" Gentl., You are Convened by virtue of a power derived unto mee " from M' penn, Our absolute proprietarie & Chief Governo', under " whois governm' you Lived happilie for manie years. Their Maties,
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" our Soveraign Lord and Ladie Wm. & Marie, wer pleased upon " some apprehensions that this province was in danger of being Lost " from the Crowne of England, to take us und their more Imediate " care & protection, During which time I was yor Leivt. Governo", & " I must say that I have observed in you (I mean both you & those " you repsent) a dutiefull affection to their present Maties, in a readie " Compliance with all y' Comands, after such mann" as yo' tender " Consciences could permitt. Most of you were either of the Coun- "cill or of the Assemblie first called by his Excellie Governo' Fletch- " er, and when the Queen's Lre for the assisting the province of New " york to defend y' fronteers was read, I rejoiced to see yof readiness " to Comply, and tho' the principles of most of you were ag' giving "any thing to Maintain warr, yet you Dutiefullie & prudentlie, & " without example from yo' nighbours, raised money under the title "FOR THE SUPPORT OF GOVERNMENT, but to be disposed " of as his Excellie Governo" Fletcher should think fitt, Which monie " was by his sd Excellies order transmitted to New york, & no doubt " well imployed in the service of the Crown. And now Gentl., Their " Maties Have been graciouslie pleased to restore our proprietario to "His governm', a genti, I'm sensible, has allwaves been verie affec- " tionate to us, & I hope none of us (I am Confident there is not one " here) will be wanting in gratitude towards him, nor in due respect. " to & Love for him; Let us yrfore, Like dutifull, Obedient & grate- " ful subjects, entreat of proprietarie to return their Maties of most " Humble & Heartie thanks for this y' great & gracious favor, & to " assure ym y' wee shall ever Continou to be yr most Loyall & obe- " dient subjects."
To which the whole members of Councill Heartilie assented.
Adjourned to 22ª May instant.
[224 May, 1695.
Att a Councill Held att philadelphia Die Mercury, 22ª May, 1695 PRESENT :
WM. MARKHAM Esq', Governo" und" Wm. penn, &c., et ysdem Sicut antea.
The Governo" Ordered the whole Representatives to resolve into a grand Comittee to Inspect & revise the Laws of ye province, In order to repeal those that were not fitt to be Continoued, & to prepare Bills for such Laws y'are necessarie & wanting.
Resolved, yt ye 5' instant be & is appointed for the Hearing of petions and Complaints.
Adjourned to 25" instant.
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[25th May, 1695.
Att a Councill Held att philadelphia Die Saturni, 25ª May, 1695. PRESENT :
WM. MARKHAM, Governo', und' Wm. penn, &c., and all the rep- sentatives in, Nº. 18.
Joseph Growdon, Hitherto absent, sub'. the declaraon, Test & pro- mise of Secrisie, & took his place att the board. And soe wer present ye Governo' & a full Councill, viz:
Sam" Carpenter, David Lloyd,
John Brinkloc,
Sam" Richardson, Caleb pussey,
Richd Willson,
Anthony Morris,
George Marris,
Griffith Jones.
Joseph Growdon,
Jnº Donaldson, Wm. Clark,
phinehas pemberton, Jnº Williams,
Thomas pemberton,
Wm. Biles, Rich1 Hallywell,
Robert Clifton,
Pat. Robinson, Secry.
The Grand Comittee of ye whole Repsentatives, to whom the in- specting & revising of the Laws of ye province was Comitted, pre- sented to the Governo' a Bill Relating to the new modelling the government, which was read once.
Adjourned to ye 27th instant.
[274 May, 1695.
Att a Councill Held att Philadelphia die Luna, 27th May, 1695.
PRESENT :
WM. MARKHAM, Esq'. Governo' under Wm. penn, &c., & all the members except Jos. Growden & Jnº Williams.
The said Bill was again begun to be read & debated, but it Could not be agreed upon.
Adjourned to 28% instant.
[28* May, 1695. Att a Councill Held att philadelphia die Martis, 28 May, 1695. 4 PRESENT :
WVM. MARKHAM, Governo' under Wm. penn, &c., & all ye mem- bers except Jos. Growden.
The said bill being Laid aside, becaus it could not be agreed upon. A Comittce of one member for each County, viz: Sam" Carpenter, Wm. Biles, David Lloyd, Richd Hallywell, Jnº Brinkloe, & Wm. Clark, were appointed to Consider of a new frame & modell of go- vernm', & to make report to the Governo' & Councill this afternoon.
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POST MERIDIEM, Præsentibus ut antea.
The Committee to whom the Consideraon of a new forme & modell of governm' was Comitted, Reported: That they had made some attempts, but Could not agree upon a new frame; And yrfor, the Governo" appointed the same Comittee to meet w' himself to-morrow morning, about the same, And to make report.
Adjourned to 29th instant.
[29th May, 1695.
Att a Councill Held att philadelphia Die Mercury, 29th May, 1695.
PRESENT :
WM. MARKHAM, Esq'. Governo' und' Wm. penn, &c., & all the Representatives ut antea. -
The Governo' & Comittee to whom ye Consideraon of a new form & modell of governm' was comitted, Reported: That nothing could be agreed upon in ord to a new modell of governm' notwtstanding all ye pains & time spent about ye same.
'Then the Governo' said : "Gentl. By the writts issued by me for " Calling you together, you may see it was to choose repsentatives " to forme a provinciall Councill, to advise w' mee in matters relating " to ye governmt; Accordinglie the clections wer made, & you that " were chosen have appeared & pformed all the Ceremonies Usuall " by any former provinciall Council. Gentl. you have taken up much " time in endeavouring to Lay aside the Charter granted you by the " proprietarie, which you then thankfullie accepted of, & to propose " & make a more easie frame than formerlie by ye sd Charter & act " of settlement you had, but ye difficulties y' attended yo' new bill & " frame were so great that they Could not be gott over. Since yrfor " the end of my Calling and of yo' Coming together was to advise " w' mee in matters Relating to ye governm',
I Lett you know That the Queen's most excellent Matie Hath, upon the 21st of Aug', 1694, signified to or sd proprietor & in his absence to the Comand' in Chief of ye sd province of pennsilvania for ye time being, That a Quota not exceeding eighty men, with their officers, or the value of the chairges of maintaining ye same, be the measure of the assistance to be given by ye sd province of pennsilvania & Coun- trie of Newcastle for ye defence & securitie of the province of New- york, Thereby Requiring & Comanding o' sd proprieto' att all times, upon application of the Governo" & Commander in Chief of the pro- vince of newyork, to send ye same for the defence & Securitie vrof; And yt the said proprietor give directions that due provision be forth- with made, att the publick charge of the sd province of pennsilvania & Countrie of Newcastle, for the furnishing such assistance as the same shall be soc demanded from time to time, by the sd Governo' or Comand' in Chief of the sd province of Newyorke.
ЦЕТамо ЛАЛПтуре!
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MINUTES OF THE
The Serious & due Consideraon of which Letter I Recommend unto you, & according to your dutie, doe require your advice & assis- tance in the prosecuting this weightie affair, upon which yor owne & yo' nighbours securitie and preservaon soe much depends.
I also Let you know, That His Excellie Benj" Fletcher, by his Letter of ye 15th Aprill, writts me that hee is necessitated for y' Maties Service & the securitie of ye fronteers, to demand from us eightie men & y' officers, with armes, amunition, & pay for one yeare. The officers y' will be requisite are One Captain, Two Leivtenants, foure sergeants, foure Corporalls & two drumers; & y' y' Maties have Co- manded us to furnish him with this assistance from pennsilvania & newcastle, & y ye frontiers are soe circumstantiated att psent, that there being att Albanie on the first of May next ensuing, or as soon as possible may be, is thereby required. Both which Lres having been read, The Governor added: Gentl, vou are the Repsentatives of the people, yrfor I again desire yo' advice here. The Repsentatives Having desired some time to Consider therof, the Governo' did Resolve. the whole Repsentatives into a grand Committee, to Consider of an efectuall answer both to her Majesties Letter and Governo" Fletchers, and delivred to Wm. Clark, one of their number, both the sd originall Letters for their perusall, & to make report to-morrow.
Adjourned to SOth instant.
[30% May, 1695.
Att a Councill Held att philadelphia die Jovis, 30 May, 1695. PRESENT : WM. MARKHAM, Esq', Governo' under Wm. penn, &c., & all ye members except Joseph Growdon.
Wm. Clark Reported from the Committee of the whole Represen- tatives, to whom the Consideraon of her Maties Letter & of Governo' fletcher's Letter, & their advice yrin & ans' yrto, was Committed. That having taken the same in to their Serious Consideration, Humblie offerr y' opinion that they are not in a Capacitie to give a full & Sa- tisfactorie ans' to soe weightie a matter wtout a generall Assemblie. & most of ym living soe remote from this place, & Harvest drawing on so near, that they cannot meet untill about the 9th day of Sept' next, And yrfore, doe advise the Governor to Command the assemblie to meet the sd day, to consult & resolve yrupon.
Then the Go' said: "Gentl., You are my wittnesses that I " have done my dutie : Onlie wish that this your delay may not be "taken for a deniall, The Consequences wherof may prove verie " fatall to us all. And desired they wold Consider further before they " resolved."
They replyed that they had deliberatelie Considered of it, & y' it wold tend to the ruine of manie families to be from home in harvest time.
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Resolved y' the Assemblie be Convened to meet att philadelphia the said 9th day of Sept' next, by order from the Governo".
Then the Go' said further : "Gentl., you know y' in their Maties "Lres patents for restoring M' penn to his governm' it's said, That " he, the sd M' penn, Has given y' Maties good assurance that hee will " take care soe farr as in him Lyes, to secure the province. What " will you advise me in this case about securing ye same age anie "attempts that may be made upon us by o' enemies ? will you be " willing y' if an enemie should assault us I should defend you by " force of armes?" Some made ans" yt they wold; Others that they must Leave everie one to y' Libertie, & y' Governo' penn's instruc- ons yrin must be followed, and it being his bussines they had nothing to doe with it.
Then the Go" desired to know of In° Goodson, his assistant, whether hee was dissatisfied w' any thing hee had done during this time of Sessions ? Jnº goodson ansred y hee was well satisfied w' all y' had been done.
Then the Go' desired y' the repsentatives that Lived nearest to philadelphia might give y' attendance in Councill upon anie emer- gencie, when called by the Go' & his sd assistant.
Adjourned to 9th Septemb', 1695.
[yª Septemb“, 1695.
Att a provinciall Councill Held att philadelphia die Lunæ, the 9ª of September, 1695.
PRESENT:
WM. MARKHAM, Esq'. Governo' und' Wm. penn, Esq'. &c., and John Goodson assistant.
Sam" Carpenter, David Lloyd,
John Brinkloe,
Sam" Richardson, Caleb pussey,
Richd Willson,
Anthonie Morris, Thomas* Marris, Griffith Jones,
Joseph Growdon, John Donaldson, William Clark,
phinehas pemberton, John Williams, Tho. pemberton,
William Biles,
Richd Halliwell,
Robt. Clifton,
Pat. Robinson, Secrie.
The Governo" desired the secrie distinctlie to read all the minutes of Councill that have been held since the restoration of the proprietor to his government, Which the secrie accordinglie did.
Then the Governo" said : " Gentl., I ordered all the minutes of " Councills that have been held since the proprietor's restoration to " his governm' to be read, to remind you how wee have fallen outt of " the method of goverm' formerlie settled by the proprietor & the "people's repsentatives, In which the provinciall Councill used to
*His name was George.
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" promulgate bills that were to be past into Laws twentie dayes before " the sitting of the assemblie, att the end of which time the assemblie " used to meet to Confirm or reject those bills.
" Genti., You are sensible how much I was ag' altering anie thing "in the charter which was granted us by the proprietor, wtout his " knowledge & consent, & how great occasion I had for an Assemblie " was & is plain to you, Viz : to answer the Late Queen's Comands " in assisting Newyork wto' Quota ag' o' Comon enemie the French.
" Gentl., I endeavoured to bring the govermt to the method that "was ever used in the proprietor's time, before his Excellie Governo" " Fletcher had it, and accordinglie, I issued outt writts to forme a " provinciall Councill ; In answer wherto you mett & performed by "Oathes, attests & Subscriptions, all things necessarie to it ; and then " I did my dutie & Laid before you the Late Queen's Letter & his " Excellie the Governor of Newyork's application to mee for the " Quota allotted to this governm', expecting you wold have promul- " gated bills for the raising monie for it, but instead of that your Re- " solves wer that you were not in a" capacitie to give a full & Satis- " factorie answer to so weightie a matter wtout a Generall Assemblie, " & most of you Living soe remote from this place, & Harvest draw- " ing on soe neer, that you could not meet untill about the ninth day " of Sept then next; And yrfor, did advise mee to Comand the " assemblie to meet the said day, to consult & resolve yrupon. And "yrfor, it was resolved that the assemblie be conveened to meet att "philadelphia the sd ninth day of Sept" then next.
" And now Gentl., you are to advise what course to steer to attain " to the Chief end of of meeting, viz : to answer the Late Queen's " Letter, & when that is done & the Ice broken, all other things will " be easie.
"Gentl., the Assemblie is come according to appointment ; The " first thing wee are to Consider of is the method of preparing and " passing Bills. Gentl., Both you of the Councill as well as of Assem- " blie, are Repsentatives of the people, both being chosen by them ; " I Have not the choice of one member of either, therfore, when I " speak to you I speak to the people's Repsentatives, as much as " when I speak to the Assemblie, And wtout yo' & their Consent, I " cannot raise monie, & wtout monie I cannot answer the Queen's " Commands. I pray God direct you that what you doe may be to " his glorie, the king's honour, & the saftie of this poore province. " Gent !. I expect your ans'.
Adjourned till to-morrow morning.
[10 Sept', 1695.
Att a Councill Held att philadelphia die Martis, 10th of Septemb', 1695.
PRESENT :
WM. MARKHAM, Esq' Governo' und' Wm. penn, Esq' & Jnº Good- son assistant, And all ye members ut antea.
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Cornelius Empson & James Fox, two of the members of Assem- blie, Came from the Assemblie, desiring to know of the Go' when the Assemblie might ye admitted.
The Governo' answered that hee & Councill were readie to re- ceive them.
In a small time afterwards they all appeared, & presented Edward Shippen for y' Speaker, of whom the Governo' did approve.
Then the sd Edward Shippen, Speaker, & all the other members of Assemblie for the Counties of philadelphia, Bucks, Chester, newcas- tle, kent, & Jnº Stoaklie & Thomas Oldman, for the Countie of Sus- sex, subscribed the test, profession of the Christian beliefe & declara- on of fidelitie ; and the Last foure for the Countie of Sussex, Viz : Joseph Booth, Henrie Malleston, James peterkin & Jonathan Baylie, took the oathes appointed by act of parliam' to be taken in stead of ye oathes of allegiance & supremacie, & subscribed the test.
Then the Governo' Spake to the Assemblie :
" Gentl., you are now qualified for bussines, and that you may " the better know yo' dutie, you shall heare the papers following :" and then desired the Secrie to read their Maties Letters patents. re- storing M' penn to his governmt, which was accordinglie done ; Then Go' penn's Comission to his kinsman, WVm. Markham, to be Go' und him ; THen Go penn's Comission to Sam" Carpenter & John Good- son, er anie of them, to be his assistant ; THen the Late Queen's Let- ter of ye 21% of August, 1694, appointing eightie men, with their offi- cers, or the value of the chairges of maintaining the same, to be the measure of the assistance to be given by this province & countrie of newcastle for the defence & securitie of the province of Newyork, Re- quiring & Comanding o' proprietor, upon applicaon of the Go" & Co- mand' in Chief of the province of Newyork, to send ye same. THen His Excellie Benja Fletcher, the Gor of Newyork, his Letter to Go' Markham of the 15" of Aprill, 1695, demanding from this province the sd 80 men & their officers, w arms, amunition, & pay for one year, to be att Albanie the 1" of May then next ensuing, or as soon as possible may be. Then his sd Excellies other Letter of 12" June, 1695, then applying himself to Go' Markham for the sd Quota of 86 men w' y' proper officers, or that the value of the chairges for main- taining them be provided & sent to Newyork ye 1st of Aug' then next, in obedience to the Comands of her Late Matie. Then his Excellies other of 34 7br., 1695, Renuing his applicaon to Go' Markham for yª above assistance in men or monie, with a copie of the mohaques pro- posions. And then wer read the propositions made by ten of the principall Sachims of the Mohaques Countrie to Go' fletcher, in the Court house of Albanie, ye 2S" of Aug', 1695. And y" ye Gor said: " Gentl., I thought it necessarie to cause the above papers to be read, " as the foundation & beginning of yo' prceedings. I made a speech " to the Councill yesterday which they shall have, and they will Re- " solve into a Comittee of the whole house to consider yrof; & M" " Speaker, I desire you to doe the same, y' you may meet together & " give yo" best concurrent advices in ord' to answer my sd speech."
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Ordered, That the whole members of Councill doe Resolve into a grand Comittee of the whole house to Join a grand Comittee of the whole members of Assemblie, to consider of an answer to the Go" speech, att S post meridiem, And to make report to-morrow morn- ing.
Adjourned to ytb Sept', 1695.
[11ª Sept', 1695.
Att a Councill Held att philadelphia die Mercury, 11th of Septemb', 1695.
WM. MARKHAM, Esq', Governo' und' Wm. penn, Esq', and all the members, ut supra, except WVm. Biles.
The Committee to whom the consideraon of an ans' to the Go" Speech was comitted, Reported That the Go" speech to the Councill Having been read to the Assemblie, They did upon the vote putt, agree That they might proceed to Legislaon wtout promulgaon of bills, (as was usuall by the Late Charter,) Considering the present emergencie. They also did upon the vote putt, agree that the power of preparing & proposing bills to be past into Laws may be in the Councill as well as in the Assemblie, (while both are the people's choice.) They did also agree that the Go' be requested to appoint a Comittee of Councill to meet a Comittee of the assemblie, To Consider of an answer to the Queen's Letter, & an act of settlement.
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