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courts of judicature in the Province and Territories, and under which justice was administered for about five years, provided for county courts holding sessions quarterly, that for Philadelphia beginning the first Tuesday in March, June, September, and December, the county courts trying all criminal cases except for certain offences, and trying all civil cases. They were furthermore authorized to hear and decree all matters of equity, and it may surprise some who speak of a subsequent Governor's Court of Chancery as the first in Pennsylvania, to read that the proceedings in these county courts in equity were to be by bill and answer and "such other pleadings as are necessary in chancery courts, and proper in these parts, with power also for the said justices to force obedience to their decrees in equity by imprisonment or sequestration of lands, as the case may require." It is fair to assume that the facts for equitable relief were found by a jury, and not by a master or a judge. There was to be a Provincial Court, or, in other words, a Supreme Court over the whole Province and Territories, for appeals and for trying treason, murder, and certain other crimes, including burglary and burning of houses. From judgments on appeals there could be appeal to England on deposit of the amount of money involved, or giving security in double the amount. The county Justices with the Register-General or his deputy in each county were to form an Orphans' Court.

The Charter of Privileges involving a Frame of Government proposed by Penn did not satisfy the people of the Lower Counties, but after some emendation was, upon the day of adjournment, executed by the Proprietary in the presence of his Council, and probably of a number of Assemblymen including the Speaker. It was said that less than a majority of the House adopted the Charter. The House was not in actual session when the Speaker appended his signature to

a certificate that the Charter had been approved and agreed to, and was thankfully received, and that he signed by order of the Assembly. As thus established, this instrument of October 28, 1701, in connection with Charles II's patent to Penn, was the written constitution of Pennsylvania proper until the Revolutionary War. The provisions will be stated in the next chapter.

The bill relating to property was not agreed upon. On the last day of the session, the House made certain offers, but Penn, rejecting these, summoned the representatives to his residence, expostulated with those who came, told them that he had scarcely half an hour to spend with them, pressed his latest proposal upon them, and advised them to go into his parlor and consider it. They accordingly retired to his parlor, and, in about an hour, sent word in writing that they could not depart from their former concession.

On October 28, 1701, the Assembly was dissolved, and a new Charter for the City of Philadelphia was signed by Penn with several commissions. One of these commissions named as a Council of State to advise the Governor or Deputy-Governor, and in the absence of both to exercise the powers of government, the following "trusty and well beloved friends," viz: Shippen, Guest, Carpenter, Clark, Story, Owen, Pemberton, Samuel Finney (mentioned in chapter on the People), Pusey, and Blunston, the first named to take the Chair on failure of the Lieutenant-Governor to name a President. Four were to be a quorum to advise, and five to be a quorum to exercise the powers of government. The Lieutenant, or Deputy, Governor, could add new members.

Penn had intended to take with him to England one or two Pennsylvanians, and to leave his wife and baby and Lætitia to await his return: but he was obliged to do without advisers or aids from the colony, as neither Hannah nor the daughter could be prevailed upon to

stay without him. They went down on a yacht to New Castle, where the whole family embarked on the ship "Dolmahoy." The ship remained a few days afterwards at New Castle. About this time, Quary, sent for by persons in England to promote the abolition of Proprietary governments, found that there was a vessel about to sail from Virginia; so he hastened thither, in hopes of reaching England as soon as Penn. David Lloyd went to New Castle, and submitted to Penn a Charter of Property, which, at the entreaty of several persons, Penn signed and handed over to the Secretary with a paper, dated 8ber 31, explaining that he had not had time to digest the terms, especially as to courts, and postponed the complete passing of the Charter until he could see the state of affairs in England, that he could not give such rights to persons in Pennsylvania alone, this Charter not mentioning the Lower Counties, that he confirmed the part relating strictly to land: he accordingly in this paper ordered Governor Hamilton to have the great seal affixed at the end of six months, if no message were received to the contrary, and promised to execute such Charter or one which counsel in England would advise, as well as a suitable Charter of Property for the Lower Counties, if they wished it.

The "Dolmahoy" went aground in the Bay, but got off without much damage. Logan accompanied his master as far as the Capes, receiving a letter of instructions from him dated on shipboard, 9mo. 3. The remainder of the passage was a swift one, twenty-six days from land to soundings, thirty to Portsmouth. He sent back a message, dated January 8, 1701-2, annulling the Charter of Property, that is ordering the seal not to be put to it, unless within six months he should change his mind. This he did not do.

CHAPTER XIII.

GOVERNMENT BY PENN'S FRIENDS.

The new Frame of Government-The result of
Penn's visit a reduction of the People's power.-
Political situation of the Churchmen-Parmiter
-Quary's military scheme-Andrew Hamilton
and his namesake Changes in the Council-
Anne becomes Queen-Pennsylvanians ready to
accept Lord Cornbury-War with France and a
voluntary militia-Legislative separation from
Lower Counties-Failure of bill to abolish Pro-
prietary governments-Disagreement about trying
capital cases-Hamilton approved for one year-
Queen's order as to oaths-Hamilton's death-
Shippen and fellow Councillors-Mompesson-
Value of foreign coins-Indians and the traders
among them-Approval of a Lieutenant-Governor
-Lord Cornbury wanted by Churchmen-The
Assemblymen chosen in 1703-Gov. Evans and
William Penn Jr. arrive New Councillors-The
legislative separation of Lower Counties confirmed
-Penn's reservation of assent to laws declared
void-Assembly addresses Queen concerning oaths
-Penn's financial
financial circumstances-The Ford
claim pressed-Penn asks for a house in Phila-
delphia and annuity-Penn offers to sell the
government-Suggestion to pay Quary, Moore,
et al. to leave-Solicitude of Penn's friends as
to selling value of the Governorship.

The new Charter of Privileges, or written Constitution, had as its first clause practically the old law for liberty of conscience, and that all persons professing belief "in Jesus Christ the Saviour of the World" should

be capable of serving the government on solemnly promising, when required, allegiance to the King, and fidelity to the Proprietor and Governor, and on taking the attests prescribed in the law passed at New Castle as recently amended and confirmed. Four members annually chosen from each county were to form an Assembly, the right to choose or be chosen being limited according to the law passed at New Castle. Two persons for each county were to be chosen triennially, from whom the Governor should select the Sheriff, and two from whom the Governor should select the Coroner, the Sheriff and Coroner serving three years. Criminals should have the same privileges of witnesses and counsel as their prosecutors. No person should answer relating to property before the Governor and Council or elsewhere than in the courts of justice, unless appeals were appointed by law. No person should keep a house of public entertainment unless licensed by the Governor upon recommendation by the county Justices. The estate of any person killing himself should descend as if he had died a natural death. The Charter could be changed or diminished in effect only by the Governor and six sevenths of the Assembly met. A postscript was added allowing within the next three years the representatives of either Pennsylvania or the Lower Counties by a majority vote to withdraw from the Assembly, and establish a separate legislature, that for Pennsylvania to consist of not less than eight members from each county and also two members from the town of Philadelphia.

When we compare the old constitution with this Frame and various other arrangements left by Penn, we can state the great result of his visit to have been a change of the government from one by the People to one by the Proprietary's friends. To be sure, while the City Corporation received somewhat greater powers than what the City's charter signed by Lloyd in 1691

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