against the "pretended Prince of Wales", as recently prescribed by Act of Parliament, but those commissioned refused, because the Act did not extend to the Province, and the Queen's order did not mention that oath or the affirmation in its place. In the other counties, and apparently in Chester later, the qualifications mentioned in her order were taken. In the Philadelphia court, Hugh Durborow, a Quaker, called upon to give testimony, refused to use the form speaking of the presence of God. Guest was here reasonable, and, apparently, with him enough Quaker Justices to make a majority favored letting Durborow affirm as he pleased, for he certainly testified, although all the non-Quakers wished him committed for contempt of court. In one case in Philadelphia, when some witnesses were about to be sworn, the Quaker Justices left the bench, but Justices Guest, Samuel Finney, Edward Farmer, and Andrew Bankson held court.

The trouble about administering oaths caused the introduction of more non-Quakers into executive and judicial office, and, with the presence in the dominion of a sharp-witted faction watching for questionable proceedings, it was imperative that the government have a non-Quaker chief on the spot. Logan suggested that, pending the appointment of a Lieutenant-Governor, a new Council be commissioned with Mompesson, who was a Churchman, at its head, and Logan later hoped that Penn was making Mompesson Lieutenant-Gover

nor.

The Commissioners for Trade exerted themselves against the Assembly's enhancement of the value of foreign coin, one of the acts of Nov. 27, 1700, having, with slight modification of a former act, made a Peru piece of eight weighing not less than 12 dwt., as well as a Lion or Dog dollar, pass for 6s., and every other piece of eight or dollar weighing 15 dwt., for 7s., with an advance or abatement respectively of 4d. for every

pennyweight in excess or shortage; the price of smaller coins being also fixed. A representation for the disallowance of the Act was made to the Queen, pointing out that a piece of eight of the due weight, stated to be 17 dwt. 6 gr., so made current at 7s. 10d., was intrinsically worth no more than 4s. 6d. On July 30, 1703, the Act was disallowed. The English government, at Penn's suggestion that there should be a general standard, was inclined to make the value of these foreign coins in the colonies the same as in England, but this had been prevented, or at least seemed too difficult, the late King having consented to a law of New England fixing a different value there. The next best thing was to make all the other colonies conform to the one: accordingly, on the 18th of June following the disallowance of the Pennsylvania law, the Queen issued a proclamation fixing the value from the 1st of the coming January at the New England rate. Thereby pieces of eight of Seville or Mexico or Pillar pieces, which had been passing in Pennsylvania for eight shillings, were to pass for six shillings only. Subsequently an Act of Parliament confirmed this, to be enforced from May 1, 1709.

After the failure, in Hamilton's time, of the attempt to form a voluntary militia, the consciences of the President and many Councillors restrained them from taking any part in the war. They were free, however, to enforce police authority upon persons within their jurisdiction who might commit injuries, or bring about injuries; and accordingly the Council undertook to watch such suspicious characters as Frenchmen, and particularly those travelling through the Indian country. The danger of the Five Nations casting their lot with the French always existed, except when the English had actually engaged the warriors for a campaign: and, although no breach of the alliance of those tribes with the government of New York actually took place

during the period of this history, there was fear that "foolish young men" of the Iroquois, or of their nominal subjects or tributaries, would be stirred up against the settlers of Pennsylvania. Of the traders whom the provincial government distrusted, the treatment was severe. Capt. Le Tort's son James, brought up from infancy in the province, had gone to Canada in time of peace, but, after about two years' stay, returned to Pennsylvania in the Spring of 1703, submitting to various examinations, and appearing to be innocent of evil designs. He and Peter Bezellon, who was under still stronger suspicion, because then a Roman Catholic, coming to Philadelphia in August following, were bound in the heavy bail of £500 stg. each to hold no correspondence with the enemy, and to give all information coming to their knowledge. About a year later, and after a Lieutenant-Governor had taken charge, Le Tort was some time in jail in Philadelphia, and was obliged, for obtaining his liberty, to give security in 1000l.; while Nicholas Gateau, the French cook, who had been naturalized, but had tried to leave Philadelphia secretly to escape, he said, his creditors, was also detained in jail, and required to give security in 1000l. for good behavior, and not to go out of the jurisdiction, or further from the city than twenty-five miles up or down the Delaware River, or than ten miles back into the country.

On hearing of Hamilton's death, Penn wrote quickly to the Lords for Trade, asking them, in the emergency, to recommend either Markham or John Finney for royal approbation as successor; so that the opportunity of a vessel then lading for America be seized for communicating proper authority to some one in the Province and Territories. The Board aforesaid, while making the reply that it was requisite to make the first application to her Majesty, let Penn see that the feeling against Markham had not changed. Penn not knowing

how he was to furnish security for Finney, it appears that Charlewood Lawton, Penn's agent, suggested for the Lieutenant-Governorship, a personal acquaintance, able to furnish his own security, having some political influence, and for some reason willing to accept, viz: John Evans, about twenty-six years old, whose father had been a friend of the Proprietary. It seems from certain expressions in the Penn and Logan Correspondence that Evans was a nephew of Rt. Rev. Dr. John Evans, a strong Whig, made Bishop of Bangor on Jany. 2, 1702. Penn quickly took what was within reach. In a few days after the aforesaid letter to the Board, his petition for young Evans was laid before the Queen. The Board, having the matter referred to it, asked for information concerning him. To gain the favor of the Earl of Nottingham, then a Secretary of State, Evans, entitled to a bond of Baron Dartmouth to Evans's father, who had been treasurer of a political fund, released or cancelled the bond. Dartmouth had married a niece of Nottingham. Dartmouth himself was one of the Commissioners for Trade and Plantations. After Penn's explaining that Evans was not under the objection of being a merchant, and, although not a soldier, had seen the army in Flanders, was a gentleman living on his estate, and was a hearty Churchman, and would be recommended by a number of persons, the Board put no obstacles in the way of the approbation. It was given on July 30, 1703. Penn again signed a declaration that the Queen's title to the Lower Counties should not be diminished by her giving the approbation. Evans not only furnished the security for his own behavior, but actually reimbursed Penn for all that had been spent in obtaining approbation for Hamilton. Penn, according to his letter of 12, 9, 1705-6, promised Evans 2001. Penna. money per annum until the Assembly would grant a support.

Lord Cornbury, coming to Burlington in August,

1703, after appointment as Governor of New Jersey, was waited upon by Quary and other Philadelphia Churchmen, and was reported to have received an address from vestrymen or attendants of Christ Church requesting him to solicit the Queen for the embracing of Pennsylvania and probably Delaware under his government. He was said to have answered that he would obey the Queen's orders with alacrity when orders to such effect came. Notwithstanding that he was staying at Quary's, Cornbury was again entertained by the Quakers in Philadelphia: but they began to dread his being appointed in place of Penn, seeing that Quary and Moore would probably be Cornbury's advisers as to Pennsylvania affairs, that the royal commission to him as Governor of New Jersey gave him great powers, and required him to administer oaths, including that against the Pretender, and said nothing about affirmations, and that a man of such rank would expect a large salary.

In October, 1703, eight Assemblymen from each county of Pennsylvania, and two from the City of Philadelphia, were chosen; they met, and elected Lloyd as Speaker, and made the disunion of the Province from the Territories an accomplished fact. These Assemblymen were: Nicholas Pyle, John Bennet, Andrew Job, David Lewis, Nathaniel Newlin, Joseph Baker, Robert Carter, Joseph Wood, William Biles, Joseph Growdon, Tobias Dymmoke, Richard Hough, William Paxton, Jeremiah Langhorne, Joshua Hoopes, Thomas Stevenson, Rowland Ellis, Nicholas Waln, Samuel Richardson, Isaac Norris, David Lloyd, Anthony Morris, Samuel Cart, Griffith Jones, Joseph Willcox, and Charles Read.

Although Griffith Jones refused at first to do more in the way of qualifying than promise allegiance to the Crown and fidelity to the government, yet in due time all the twenty-six representatives signed the confession