HAving perused James Leng [...]n's Memorial and other Papers lately published by your [...] Authority, I find the Governour hath indicated the Powers of our Legislature [...] and the [...] you are now [...] with [...] convincing Arguments, urged with [...] good [...] needless to say any more; yet, I hope, [...] will be no [...] to ofte [...] some legal Authorities to prove what has been so Excellently [...] in favour of the Rights and Liberties of the Subject, as well as the regular Powers and [...] of Government in the Points now under Consideration.

It is [...], that the Royal Charter granted to our late Proprietary William Penn, under [...] great Seal of England, [...] the Fundamental Constitution of our Legislative Authority, by which [...] the late King CHARLES the second, in a very gracious and [...], was pleased to signify his Royal Will and Pleasure in [...] ‘ T [...] we, repo [...]ng special Trust and Confidence in the Fidelity, Wisdom, Justice and provident Circumspection of the said William Penn, for Us, Our H [...]rs and Successors, Do Grant free, full and absolute Power by Virtue of these presents, to him and his H [...]rs, to his and [...] Deputies and Lieutenants, for the good and happy Government of the said Country, to Ordain, Make and Enact, and, under his and their Seals, to publish any Laws whatsoever, for the raising of Money for the Publick uses of the said Province, or for any other End, appertaining either unto the publick State, Peace or Safety of the said Country, or unto the private Utility of particular Persons, according unto their best Discretion, By and with the Advice, Assent and Approbation of the Free-men of the said Country, or the greater part of them, or of their Delegates or Deputies, Whom, for the Enacting of the said Laws, when and as often as need shall require, We will, That the said William Penn and his Heirs shall Assemble in such sort and form as to him and them shall seem best.’

By Virtue of this Clause the Proprietor had Power to make Deputies and Lieutenants, in which Case (as it is in all other Cases where a Deputy may be appointed) the Law says, he has full Power to do any act or thing which [...] Principal may do: And that is so essentially incident to a Deputy, that a Man cannot be a Deputy to do any single act or thing, nor can a Deputy have less Power than his Principal, and if his Principal make him Covenant, That he will not do any particular thing which the Principal may do, the Covenant is void and repugnant; as if the Under-Sheriff Covenant, that he will not Execute any process for more than Twenty Pounds without special Warrant from the High-Sheriff; this is void, because the Under-Sheriff is his Deputy, and the Power of the Deputy cannot be [...] to be less than that of his Principal, save only that he cannot make a Deputy, because it implies an Assignment of his whole Power, all which was adjudged by the Court of King's Bench, the 13 William 3. in the Case of Parker and Kett, where the Debate arose concerning the Steward of a Mannor-Court.

The Case of the Under-Sheriff here cited by H [...]l [...], is reported by the late Lord Chief Justice Hobart thus, viz. If a Sheriff will make an Under-Sheriff, Provided that he shall not serve Executions above 20 l. without his special Warrant, this Pr [...]vis [...] will be void: For, tho' he may chuse whether he makes an Under-Sheriff at all, or may make him at his will, and so remove wholly, yet he cannot leave him an Under-Sheriff, and yet abridge his Power, no more than the King may in Case of the Sheriff himself: But it was said, that the Case here was not so, that the restraint of Executions above 20 l. grew not on the part of the Sheriff, but on the part of the Under-Sheriff by his Covenant, which might stand for good, notwithstanding the repugnancy to his Office; but the Covenant here was holden void, as being against Law and Justice. For [...] by being made Under-Sheriff, he is [...] by Law to Execute all Proc [...] he could, no more than the the Sheriff himself, Covenant [...] to Execute Process without another's special Warrant, for that is to deny or delay Justice.

This last Case was that which Governed the opinion of the Council (when Judge Mem­ [...]ss [...]n assisted) to declare that part of Col. Evan's Commission void, which reserved to the Proprietor the final Assent to all [...] he passed into Laws in this Province. There­fore, I [...] how James Logan (being not only present at those Debates, but other drew up or copy'd and signed that solemn Resolution of the Council, and knows how it was approved of by the Assembly at the same time) can so strenuously insist upon the Restric­tion now in Debate, which is as much against Law and Justice as the Instances in the above quoted [...] could be.

The next thing observable in the above recited Clause of the Royal Charter, is the Right and Power of Legislation, granted to the Proprietor and his [...] and to his and their [Page 2]Deputies and Lieutenants, by and with the Assent of the Free-men of this Provice; which being expressed as amply as any Liberty or Privilege of that kind can be granted, I am induced to conclude, that, by Virtue of this Grant, there was such a Right originally vested and become inherent in every Free-man of this Province as wanted not the help of any Grant or Chapter from the Proprietary to confirm it.

But the Proprietor, pursuant to the [...]a [...]d recited Clause, made Charters which prescribed the [...] of Assembling the Free-men to act in Legislation after the Modes mentioned in the Memorial; and it may be the People were regardless of a new Charter after the Re­signation of the first, not out of any liking they had to be conv [...]ned by Writs, but as the Right of Meeting together to make Laws was virtually in them by the [...]aid Royal Grant, so the form of their Elections and Assembling might be settled by Law, which was effected afterwards by an Act to Ascertain the number of Members of Assembly and to regulate Elections, which [...] in the fourth Year of Queen Anne's Reign, and settled yearly Elections of Representatives in Assembly without Writs, and appointed the Time when and by whom those Elections should be made, as also the Time of the Assembly's Meeting, and how they should qualify themselves to act, choose their Speaker, and be Judges of the Qualifications and Elections of their own Members, sit upon their own Adjourn­ments, appoint Committees, prepare Bills in order to pass into Laws, Impeach Criminals and redress Grievances &c.

By this Law and last Charter (wherein the Proprietary, according to his Right made one side of the agreement, which he could not alter or avoid without the Concurrence of the parties concerned on the other side) it is evident, That the whole Legislative Autho­rity here is lodged in the Governour and Representatives of the People; and I have met none so senceless as to say, that the Governour is thereby concluded of having a Council to advise and assist in Legislation and other matter relating to the State, and I have known divers of the Members of that Board very serviceable in that Station, and, I doubt not, may be so still, therefore I desire they may not withdraw from their Service nor insist upon a Negative to the Acts of those that Represent them, which, by a reasonable Construc­tion of the said Law and Charte [...], is lodged with the Governour, and is so vested in him by his Commission stamped with the Royal Allowance and Authority of the King's Let­t [...]rs Patent, That the Proprietary could by no Instruction or other Act whatsoever, with­out the Governour's Consent, divest him of his Right to Govern, unless by resuming the Government or Deputing another in his st [...]d. And if the Governour has given any Bond or Covenant to observe [...] that abridge or restrain the Authority granted him by Commission to Exercise the Powers of Government in this Province, the same is void, as appears by the above cited Resolutions, from whence it may be observed how careful the Law is to keep Powers entire, as the best means to preserve good Order in States and Governments, where no such absurdity can be admitted, as to allow the Persons Repre­sented to controul the Acts of their Representatives, especially in those Matters which the other Branch of the Legislature may think to be reasonably Proposed.

And altho' the Law declares, that Bonds and Covenants (given to Guard the Principal, when he would diminish or abridge the Power of his Deputy) are Repugnant to his Office, and therefore void and against Law, having a tendency to d [...]ny or delay Justice (as in our Case) yet, if the Governour came under any Security to observe the Directions of the King's Grant, which forbids to depart from the Faith and Allegeance due to the King, or to maintain Correspondence with his Enemies, or to commit Hostility against such as are in League with him, or Transgress against the Laws of Trade, and Navigation, [...] for discharging of his Trust and Duty in the Administration of the Government according to the purport of the said Royal Grant and the Laws and Constitutions of this Province; I conceive that in those Cases such Security is binding upon the Governour and will be most effectual and available in Law, unless some illegal or repugnant Condition be [...] ­ed thereunto.

As to the Power of making Ordinances with the assertance of other Persons that the People's Delegates, it appears by the Patent, that those Ordinances cannot be Extended, in any sort, to bind change or take away the Right or Interest of any Person or Persons for or in their Life, Members, Free-hold, Goods or Chattels, nor are they directed to be made except sudden Accidents happen, whereto it may be necessary to apply Remedy, before the Free-holders or their Delegates can be assembled to make Laws,—Besides our Law­makers (who ought to have Notice of such Occasions) may be convened as soon as the Magistrates and Officers of the respective Counties, who are to assist in making Ordinan­ces: But if the Ordinance-makers should happen to get the start; yet when the Delegates of the People come together and acquaint the Governour of their readiness to assist him in the publick Service of the Government, and to answer the Exigences thereof, I think the Power of making Ordinances should then be waved, and the Legislative Authority applyed to, because their Acts are deemed more Extensive and Binding, as appears by the express Words of the said Patent.

[Page 3] But if the Governour could be prevailed with not to Summon the Assembly upon such Emergency, or when Assembled would not Concur [...] with them in what may be for the Publick Good, as the Case was, when former Governours, being under [...]n [...]ll direction, withstood the Representatives proposals and cordial Advice, and (contrary to Law and Charter) set up Ordinances instead of Laws, to the great dissatisfaction of the Assembly then attending, who declared themselves ready and writing to Concurr in a regular Esta­blishment, according to the Laws and Practice of [...] of what was [...] by [...], which highly [...] the Lives, [...] and [...] of the Subjects; [...] are divers Worthy Member [...] of this House have been well [...] with these Proceedings, and if it were not so, yet the Journal of that [...] will [...]nifest what I hint.

It may do well for the [...] to Consider, with what views he acted his part in that Tragedy, and whether it was not designed to render the People's Power in Legislation useless? whereby this Country, from a State of Freedom, should be changed into an Ar­bitrary Government, subjected to the Power of one Person, as the Secretary in another Cas [...] [...]ternally observes. I am apt to think by what I gather from this Memorial and some more of these Printed Papers, that the ready way to bring us under this Change must be by enjoyning a Negative upon the Governour and Assembly, [...] the [...] of Communication between them by Speeches and Messages, and th [...] get a new Council, (for the present Members of that Honourable Board will not give in to this Arbitrary Scheme) who must be such as will assent to all the Secretary proposes, and when a Coun­cil Bo [...] [...] thus [...]urmined, any Body without much [...], may guess who that [...] Person must be.

It is further to be observed, that altho' the main scope of the Memorial is against the plain Rules of Law and Justice, yet the Author would seem to applaud [...] Govern­ment, by King, Lords and Commons, supposing that to be the Plan by which the Go­vernments of the King's Plantations are Mo [...]ed, and from thence, or from the conceit he has of his own Scheme, he takes Occasion to undervalue the Frame of our present Government, which the late Proprietary, with the Advice and Approbation of the People's Delegates in a most Solemn Manner settled, and of good Purpose and full intent Lodged [...]he Powers of Legislation in the Governour and Representatives of all the Free-men of [...] Province in General Assembly; and not only so, but he [...] his most abusive Re­flections upon sooner Assemblies, and like an evil Minister and ungrateful Servant would in [...]n [...]ate, that the Proprietr's Intention did not Correspond with the express Words and [...] Design of his Charter of P [...]ege, and brings this for Instances ‘That the Pro­prietor never intended to bind himself, nor ever in [...]act did bind himself up from a Right to lay his Deputy under Restrictions in Legislation;’ I think this point is so fully cleared by the foregoing [...] of Law, that it may satisfy that Secretary him­self of the Falshood of his Position; for if it were true (as I believe it is not) that the Proprietor, by his Charter Grants, did not intend to be bound by the Rules of Law (which must be the main Support of all his Powers) it would render him Inconsistent with himself, and prove him unworthy of the Trust and Confidence which the King, by His Royal Grant, reposed in his Fidelity, Wisdo [...], Justice and Provident Circumspection [...] the [...] is taken Notice of in the Charter of Privileges to some purposes, [...] not to share in the Legislative Power, yet I know none would be against their Advice [...] upon Bills brought up to the Governour, for that they are Men embark'd in the [...]me interest with the People, and for the most part aim at the publick Good, b [...]t not for the Reason given by the Secretary, to [...], That they ‘have as large an [...] in the Colony, as the like number of any others.’ it is probable he may see a Service in [...], which I cannot penetrate but, according to my Experience, a mean [...], of [...], devoted to the faithful discharge of his Trust and Duty to the Government, may do more good to the State, than a Richer or more Learned Man, who by his ill Temper and aspiring Mind becomes an opposer of the Constitution by which he should act.

However since an Interest in the Colony is pointed out as a Qualification to act for the good of the Publick, it may be supposed, that the Members of Assembly will think it [...] [...]o [...]able, that the Governour may be referred to the Approbation of their House, con­sisting of some Ancient Settlers, who have a good Competency, and others, who are de­scended from such as brought considerable Estates [...] the Province, and went through great Difficulties in the first Settlement of this Wilderness, to the hazard of their Lives and Estates, amongst the Indian Natives, and spent their Strength and Substance in Em­proving the Country, and by their indefatigable Industry upon the Land, which, you [...]now, would have been of little worth to th [...] Proprietary or any Body else, if Divine Providence had not Blessed the Labours of the first Settlers and succeeding Inhabitants, who made this City and Province of Value to the Proprietary and his Family, and afford­ed a Competency to themselves, who in the Enjoyment thereof, with the aditional favours of Peace and Plenty under a mild Administration, have great reason to lay the good of the Publick and it's true Interest as close to Heart a any others.

[Page 4] And if we [...] this and much [...] of the first [...] this Pro [...] [...] R [...]val Charter, and how [...] are made Sharers with [...]re [...] in the [...] and [...] that the [...] in the [...] would have been [...] the [...] the King to be the [...] as well [...] of that [...] Charter, [...] could [...] nor the true D [...]sign of the [...] to the [...] was [...] of any kind ‘ [...] there and the like [...] this [...] the Learned [...] to another [...] into the [...] any [...] to their [...] than [...] of their [...].’

[...] that the [...] bought their Lands [...] exceeded [...] the Proprietors of the [...] their [...] must p [...] [...] a Crown or a Crown English Money [...] the [...] had [...] Purcha [...]rs, expect­ing, as was [...] [...]ing per [...], for every [...] of their [...] [...]ines, [...] from all [...] and Repr [...]sals [...]of Digging and Re­fining the [...]; Whereas the Royal [...] but one [...] part of such Mines, clear of [...] You may [...] by your Journal divers other Instances of the Secretary's [...] and [...] People, to which [...] sake, I [...].

But in the [...] Paragraph of [...] Men [...], pretending that the Lieute­nant [...] was referred to the [...] for his Support. And in the Twenty-ninth Paragraph he says, the Proprietor in [...] never [...] one Penny to himself o [...] Family, from the Government, tho' others had large Sums. N [...] if this has any [...] be concluded, Text [...] Support and out present Go­vernour has had large Sums [...] between acting at a free Agent in [...], and submitting to an ill Management [...] to the whole.

I have by the foregoing Paragraphs, as [...] as I could, considered the [...] State of [...] Case, with respect to the Powers of the Kings Letters Parent, with the Law and Charter of the [...], and [...] of [...]e [...] to this [...] House my real Sentiments upon the whole [...] the [...], all whi [...] I freely submit to better Judgments. There is [...] of the [...] that shews an [...] in the Author, That [...] can be pleaded, [...] in Law: For my part I wi [...]h that [...] so, it would have saved [...] which they unhappily Occasioned, [...] the ill Blood it [...] amongst many of th [...] I [...]tants.

There [...] which I could not avoid taking Notice of, as the Memo­ [...] [...] of this Government, and [...] to the just [...], who carryed on the Administration of the Government and [...] of this [...] their own Charge, as [...] the [...] and Neglect of his Duty toward the present Inha [...]itants, which seem to be diffused all over his Paper, and to are the Imputations that he [...]laitly throws [...] forme [...] [...], which with the Indig­nities there offered to our Governour by an [...]ffrontive Treatment, [...]e [...]ve to the Censure of this [...] House, where such matters are properly Cognizable. And so I Con­clude,