1701. condition, with a particular memorial of his benevolence, by granting the inhabitants thereof, likeThe Pro- wife a charter of privileges,* for its particular regulation, good-order, government and police.

prietor grants a charter to Philadel

Hamilton

And, having constituted Andrew Hamilton, Esq. phia. one of the Proprietors of East New Jersey, and Andrew fome time Governor of both East and West New appointed Jersey, his Deputy Governor, he failed for EnDeputy Go- gland; James Logan being, by commiffion, apvernor, and pointed Secretary of the province, and Clerk of fails for the Council of the fame.t

W. Penn

England.

See this charter, in the appendix No. 6. It is dated October 25th. By this charter, Philadelphia is conftituted a city, bounded, incorporated and endowed with divers privileges and immunities, for the good order, regulation and government thereof, as therein defcribed and expreffed. Edward Shippen was appointed the first Mayor; Thomas Story, the Recorder, and Thomas Farmer, Sheriff; and the first town clerk, and clerk of the peace, court and courts, as appointed in this charter, was Robert Afbton.—The first Aldermen hereby appointed, were Joshua Carpenter, Griffith Jones, Anthony Morris, Jofeph Wilcox, Nathan Stanbury, Charles Read, Thomas Maßters, and William Carter; who, with the Mayor and Recorder, are Juftices of the peace for the time being, &c

The first Common Council-men were, John Parfons, William Hudson, William Lee, Nehemiah Allen, Thomas Pafchall, John Budd, junior, Edward Smont, Samuel Buckley, James Atkinson, Penticoft Teague, Francis Cook, and Henry Badcock.—The Mayor is chofen annually, by at least five of the Aldermen and nine of the Common Council; whofe number is unlimited; and they are afterwards chofen, in the fame manner, by themselves, or by the Corporation, which consists of the Mayor, Recorder, Aldermen and Common Council-men, by the name of, The Mayor and Commonalty of Philadelphia, &c.'

"James Logan was, by commiffion, under the leffer feal of the government, from the Proprietary William Penn, bearing date the 10th. of December, 1701, and by another commiffion, under the great seal, dated, the 27th. of October, 1701, appointed Secretary of the province, and Clerk of the Council of the fame."

CHAPTER

CHAPTER XVI.

Cause of the Proprietary's return removed.—King William dies, and is fucceeded by Queen Anne.William Penn in favour at court.-Governor Hamilton's adminiftration and death.-Province and territories irreconcilable.-They agree to a feparation, in legislation; Edward Shippen, Prefident of the Council.-Refolve of the Provincial Affembly after feparation. Declaration and Teft, figned by the members, &c.—John Evans arrives Depu ty Governor, and endeavours to re-unite the province and territories in legiflation, but in vain. The Governor difpleafed with the Affembly of the province.-David Lloyd.-Governor's proclamation for raising a militia. He meets the Affembly of the territories at Newcastle.-The Provincial Affembly remonstrate to the Proprietary.—They refufe the Governor, &c. a copy of their remonfrance.-Part of the Governor's speech, in 1705, refpecting the effect of this proceeding.-A very different Affembly elected, and more harmony fucceeds. Names of the members of this Affembly.Thomas Chalkley's vifit to the Indians at Conneftogo, with a memorial of him.-A fingular act of Affembly in Connecticut, repealed by the crown, &c. Pennfylvania particularly affected in times of war, and fubject to mifrepresentations, on account of the Quakers' principles against war; which now exifted between England and France and Spain.

WILLIAM PENN arrived at Portsmouth, 1701.

about the middle of December. But after his return to England, the bill, before mentioned, for reducing the proprietary governments, into regal

ones,

etors return

1701. ones, which, through the folicitations of his friends, had been postponed, the last feffion of Parliament, Caufe of was entirely dropt, and no further progress made the Propri- in that affair. Soon after this, or, on the 18th. of to England, the First-month, 1701-2, King William died; and dropt. the Princess Anne, of Denmark, fucceeding to the King Wil liam dies & throne, commenced her reign with moderation and Queen Ann clemency.

fucceeds.

Court, &c.

W. Penn William Penn, being in the Queen's favour, was in favor at often at court; and for his conveniency, on that account, he took lodgings at Kensington; where, at his leisure hours, he writ feveral useful and excellent treatises, on divers fubjects; for the inftruction and benefit of pofterity; which may be feen in his works.

Governor

adminiftra.

death.

Governor Hamilton's administration, in Pennsyl Hamilton's vania, after the Proprietary's departure, continued tion and only till the Twelfth-month in the next following year, 1702, when he died: The principal part of which was taken up in endeavouring an union between the province and territories, in legislation; refpecting which the Proprietary, by his presence and authority, had prevailed on them to a prefent compliance: For they had not yet accepted the new charter; and they had three years allowed them to fignify their refufal. For this purpose Hamilton laboured much with them, and used many arguments to induce them to unite, but without fuccefs. Upon his death the government devolved on the Council, Edward Shippen being President.

The Pro

vince and

During this time of difpute, or endeavours, for Territories an union between the Representatives of the proagree to a vince and territories, not much other public bufileparation. nefs of importance appears to have been tranfacted

in the affairs of the government. The latter perfifted in an abfolute refufal to join with the former, in legislation, till it was finally, in the year 1703, agreed and fettled between them, that they should compofe different and diftinct Affemblies, entirely

independent on each other; pursuant to the liberty, 1701. allowed by a claufe in the charter, for that purpofe; which clause was said to have been there inferted by the particular and special means of the Reprefentatives of the territories, with previous full intention of the feparation, which enfued; and in this capacity they have ever acted fince that

time.

vince, &c.

The province now, by charter, alfo claimed a Affembly separate Representative of its own, confifting of for the Proeight members, for each of the three counties, and two, for the city of Philadelphia; which members, being, in October 1703, convened and duly qualified, according to law, their first Refolution was in the following words

Note. "At an Affembly begun at Philadelphia, in October, one thoufand feven hundred and three,

Prefident and Coun

cil, from

1702-3, to February,

1703-4

"Edward Shippen, Efquire, Prefident of the Council. "The declaration and test, signed by the Members of this Affembly. "WE, whose names are hereunto fubfcribed, elected Representatives February, by the frecmen of the refpective counties, in this province of Pennsylvania, and the city of Philadelphia, in pursuance of the Proprietary's charter to ferve in Affembly, do, each of us for himself, folemnly promife and declare, that we will be true and faithful to Queen Anne of England, &c. And we do folemnly promise and declare, That we, from our hearts, abhor, deteft and renounce, as impious and heretical, that damnable doctrine and position, that princes excommunicated, or deprived, by the Pope, or any other authority of the See of Rome, may be depofed or murdered, by their fubjects, or any other whatsoever; And we do declare, that no foreign prince, perfon, prelate, ftate, or potentate, hath or ought to have any power, jurifdiction, fuperiority, pre-eminence, or authority, ecclefiaftical, or fpiritual, within the realm of England, and the dominions thrunto belonging.

"And we, and each of us, do folemnly and fincerely profess, testify and declare, That we do believe, that, in the facrament of the Lord's fupper, there is not any tranfubftantiation of the elements of bread and wine into the body and blood of Chrift, at, or after the confecration thereof by any perfon whatsoever; and that the invocation, or adoration of the Virgin Mary, or any other Saint, and the facrifice of the Mass, as they are now used in the church of Rome, are fuperftitious and idolatrous.

"And we, and each of us for himself, do folemnly profess, testify and declare, That we do make this declaration, and every part thereof, in the plain and ordinary fenfe of the words read unto us, as they are commonly understood by English Proteftants, without any evafion, equivocation, or mental reservation whatsoever; and without any difpenfation already granted for this purpose by the Pope, or any other authority

what foever;

1701. "Refolved, That the Representatives, or Delegates, of the freeholders of this Province, accordFirst re-ing to the powers granted by the Proprietary and Provincial Governor, by his Charter, dated the twenty-eighth Affembly. day of October, anno Domini 1701, may meet

folve of the

in Affembly, on the 14th. day of October yearly, at Philadelphia, or elsewhere, as fhall be appointed by the Governor and Council, for the time being; and fo continue, on their own adjournments, from time to time, during the year of their fervice, as they fhall find occafion, or think fit, for preparing bills, debating thereon, and voting, in order to their being paffed into laws; appointing committees, redreffing of grievances, and impeaching of criminals, as they fhall fee meet, in as ample a manner, as any of the affemblies of this province and territories have hitherto, at any time done, or might legally do, as effectually, to all intents and purposes, as any of the neighbouring governments, under the crown of England, have power to do, according to the rights and privileges of the free

born

whatsoever; or without any hope of any fuch difpenfation from any perfon, or authority whatfoever; or without thinking that we are, or can be, acquitted before God or man, or abfolved of this declaration, or any part thereof, although the Pope or any other perfon or perfons, or power whatsoever, fhould difpenfe with, or annul, the fame, or declare that it was null and void from the beginning.

"And we, the faid fubfcribing Reprefentatives, and each of us, for himfelf, do folemnly and fincerely profefs faith in God the Father, and in Jefus Chrift, his eternal Son, the true God, and in the Holy Spirit, one God, bleffed for ever more; and we do acknowledge the holy scriptures to be given by divine inspiration.