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Authority of this Government, and will make Way "for Elections by Writs grounded upon a Preroga"tive, or rather a Pre-eminence, which the Propri"etary and his Deputy are by Charter debarred to "refume.

"But to take off the Jealoufies that may rife upori "that Part of the Charter and Bill, which impowers "us to fit upon our own Adjournments, we are willing to fettle and limit the Times of Adjournment "and Sitting; and in order thereunto propofe to the "Governor,

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"That a Claufe be added to the aforefaid Bill, "That the Time of the Affembly's Sitting from the "fourteenth of October, yearly, fhall not exceed twenty Days, unless the Governor for the Time being and Affembly fhall agree to a longer Time; "and the Adjournment from that Time shall not be "less than three Months; and fo for every Time of fitting, and every Adjournment within the Year, refpectively."

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The Return to this was as follows: viz.

"From the Governor in Council to the Affembly.

"The Governor, upon the beft Advice he can "have upon the Point of Diffolution and Proroga"tion, cannot be of Opinion, that the Proprietary "has granted away that Power; and that therefore "it is very unfafe for him to do it. He is very un

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willing to have any Mifunderstanding with the "Affembly, and fhall always be inclinable to make "Things eafy in this, as well as other Points; and "defires to leave it till further Directions can be had "from England, to which he thinks it is fit the Matter "fhould be referred: And in the Mean Time recom"mends to the Affembly, to proceed to the Difpatch "of fuch other Bufinefs of Importance as lies before them, and the Exigencies of the Government

I

"neceffarily

neceffarily require and to which the Opportunity snow prefented to them ought to invite and encou❝rage them."

And this was the Rejoinder of the Affembly.

"To John Evans, Efq. Lieutenant-Governor, &c. "The Addrefs of the Reprefentatives, &c.

"That we have taken into our ferious Confidera"tion thy written Meffage Yesterday, relating to the "Bill for Confirmation of the Charter of Privi"leges, &c.

"And fince the Points of Diffolution and Proro"gation are by thee afferted, and the Power of this

Affembly to fit upon their own Adjournments, "first brought into Question by the Council in Octo"ber laft, which occafioned us to proceed thus far in "explaining and fettling our Constitution by Char"ter; we conceive we cannot fafely let it drop at "this Time (and remain difputable) without Viola"tion of, or Injury to, our faid prefent Conftitu"tion; and confequently it will not be fo proper to "proceed to the Dispatch of other Affairs of Import"sance before us, whilft our Foundation remains un"fettled.

"That allowing what one of the Members of "Council who came with the Meffage was pleased to "obferve to us, That the Proprietary had not given "away the Power of Diffolution, &c. by the Char"ter [in express Words] yet that it could not be in"tended to be referved by him, feems evident to us "for the following Reafons:

1

“First, Because it could at no Time be put in "Practice, without fruftrating the very Defign of "the Grant, That we fhould have an annual standing "Affembly,

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"Secondly,

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Secondly, That whenever a Diffolution fhould happen, the Governor not being capable to call a << new One by Writ, as the fame Member of Council "rightly obferved, the remaining Part of that Year "the Province must be deftitute of an Affembly, "and the Governor of Power to call one, whatever "Commands from the Crown or other extraordinary "Occafions may happpen, unless (as the faid Mem"ber was pleafed to obferve) by fome fuch Means as would need the Power of a subsequent Affembly, "to confirm all that they fhould have Occafion to "" act or do.

"Thirdly, That the Proprietary, in the Preamble "of this present Charter, having been pleased to re"member and acknowledge his Promife made to "the Affembly upon the Delivery of the former "Charter, that he would either reftore us that or "another better adapted to our Circumftances: "Therefore, in Affurance of his good and fincere "Intentions, this Charter must be fuch an one.

"Fourthly, By the former Conftitution, it is very "plain there could be no Diffolution; becaufe the "fame Members of Affembly, and no others, were "liable to be called at any Time within the Year: "And in many Years Experience, no Inconveniency "found to arife thereby; nor was that any contro"verted Point between the Proprietary and the Peo"ple, for the rectifying whereof another Charter was thought neceffary, but other Matters not unknown to fome of the Council.

"Fifthly, and lastly, As a clear Proof that the Proprietary never intended to referve the Power of "Diffolution, it may be remembered, that at the "Close of the Seffions of Affembly, in the Year

6.

1701, when the Members being then chosen by "Writs, requested a Diffolution, the Proprietary an"fwered, He would not do it; nor could he answer "it to the Crown, to leave the Province without a ftanding Affembly. "Upon

8

"Upon the whole, we take Leave to inform thee, "that fince this Affembly (having long waited in hopes

of the paffing of this, with other Bills lying be"fore thee) is much ftraitened in Time, the Seafon of "the Year urgently calling most of the Members "from their Attendance; and confidering the Gover"nor's great Indifpofition is an Obstruction of Bu"finefs; and that another Election is now near at "Hand; that it is the Inclination and Defire of this "House, that all other Business might be waved till "the Meeting of the next Affembly; and that in the "mean Time, the Governor would be favourably "pleafed further to confider the aforefaid Points."

Impelled alfo to difcharge their Minds in full to the Proprietary himself, they agreed, Nem. Con. to nine feveral Heads of Complaint, which were entered in their Minutes as follow, to wit,

"First, That the Proprietary at the first fettling "of this Province, promifed large Privileges, and "granted feveral Charters to the People; but by his "Artifices brought them all at his Will and Plea"fure to defeat.

"Secondly, That Diffolution and Prorogation, and "calling Affemblies by his Writs, impowered by his "Commiffion to his prefent Deputy, and his Orders "to his former Deputies and Commiffioners of "State, are contrary to the faid Charters.

"Thirdly, That he has had great Sums of Money "laft Time he was here, for negotiating the Confir"mation of our Laws, and for making good Terms "at Home for the People of this Province, and ease "his Friends here of Oaths, &c. but we find none

of our Laws are confirmed, nor any Relief a"gainft Oaths; but an Order from the Queen to require Oaths to be adminiflered, whereby the Qua"kers are difabled to fit in Courts.

Fourthly, That there has been no Surveyor-Ge"neral fince Edward Pennington died, but great Abufes by Surveyors, and great Extortions by them "and the other Officers concerned in Property, by "Reafon

E 3

"Reafon of the Proprietary's refufing to pafs that "Law propofed by the Affembly, in 1701, to regu"late Fees, &c.

Fifthly, That we are like to be remediless in every "Thing that he hath not particularly granted, or "made exprefs Provifion for; because the prefent "Deputy calls it a great Hardfhip upon him, and

fome of the Council urge it as abfurd and unrea"fonable to defire or expect any Enlargement or Explanation by him, of what the Proprietary grant❝ed.

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"Sixthly, That we are alfo left remedilefs in this, that "when we are wronged and oppreffed about our civil Rights by the Proprietary, we can't have Juftice "done us; because the Clerk of the Court being of "his own putting in, refuses to make out any Pro"cefs; and the Juftices by and before whom our "Caufes against him fhould be tried, are of his own Appointment; by Means whereof, he becomes Judge in his own Cafe, which is againft natural "Equity.

"Seventhly, That Sheriffs and other Officers of the "greatest Truft in this Government, which the Pro"prietary hath commiffionated, being Men of no vi"fible Eftates; and if any of them have given Se

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curity, it was to himself; fo that the People whom thefe Officers have abused and defrauded, can reap .. no Benefit of fuch Security.

Eighthly, That altho' the Commiffioners of Pro26 perty have Power by their Commiffion to make "Satisfaction where People have not their full Quan"tity of Land according to their Purchase, yet they "neglect and delay doing Right in that Behalf.

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Ninthly, That we charge the Proprietary not to "furrender the Government, taking Notice of the "Intimation he had given of making Terms, &c. " and let him understand how Vice grows of late.”

And they ordered a Reprefentation to be drawn up confequent thereto, and fent by the first Opportunity.

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