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who arrived in the tenth month this year; whom the proprietary had commissioned to be his lieutenant governor. He was a person, whom William Penn seems to have highly esteemed; and, at the time of his appointment, was in New England.”
Lieutenant governor Blackwell, met the assembly in March 1689; but there existed a misunderstanding between him and some of the members of the counsel, so that the affairs of the public were not managed with harmony and satisfaction. But little was done during his administration, which continued only until the month of December in this year, when he returned to England, and the government according to the charter, devolved again on the council, Thomas Lloyd, being at the time, president.
The favor shown by king James to popery, and his exercise of arbitrary power, produced ihe revolution of 1688. The prince of stitched book, by the very first opportunity; which I have hitherto often, and so much, in vain, desired.
To be careful that speedy, as well as thorough and impartial justice be. done; and virtue, in all, cherished, and vice, in all, punished.
That fines be in proportion, both to the fault and ability of the party, that so they may be paid.
That feuds between persuasions, or nations, or countries, be suppressed and extinguished, if any be; and, if none, that by a good conduct, they may be prevented.
That the widow, orphan, and absent may be particularly regarded, in their rights; for their cry will be loudest in all ears; but, by absent, I mean such as are so of necessity.
To countenance the commissioners of property, where land is unseated, or people are unruly in their settlements, or comply not with reasonable obligations, about bounds, banks, timber, &c. For though we come to a wilderness, it was not that we should continue it so.
That the sheriffs of their respective counties be charged with the receipt of my rents, fines, &c. as they do in England, and give security to the receiver general, for the same.
To have a special care, that sheriffs and clerks of the peace impose not upon the people; and that the magistrates live peaceably and soberly; for I could not endure one loose, or litigious person in authority. Let them be men having some fear of God, and hating covetousness, whatever be their persuasion: to employ others is to profane an ordinance of God.
That care be taken of the roads, and high-ways, in the country; that they may be straight and commodious for travellers; for I understand, they are turned about by the planters; which is a mischief, that must not be endured.
Consider by what means, or methods, the good and prosperity of the plantation may be promoted; what laws, in being, are unnecessary, or defective, and what are wanting; and in each particular hereof, let me have advice as distinctly, and as speedily as may be.
Rule the meek meekly; and those that will not be ruled, rule with authority; and God Almighty prosper all honest and prudent endeavors. Given at London, this 25th of the seventh month, 1688.
Orange, taking advantage of the general dissatisfaction of the people, landed at Tor-bay in Devonshire, on the fifth of November 1688, and was received with great joy by the English nation. “Many of king James' officers and army soon joined him; and the king perceiving the hearts of the people alienated from him, withdrew himself, and went over to France." A convention was called shortly after he left the kingdom, and the prince of Orange, and the princess Mary his consort, king James' daughter, were declared king and queen of England, and as such proclaimed on the 13th February 1689.
The favor William Penn enjoyed with the late king James, caused him to be suspected of disaffection to the government of William and Mary. In consequence of which, during the years 1688, 1689, and 1690, he was several times arrested, and examined by the lords in council. No proof, however, ever appeared against him, and he was always discharged, without any serious inconvenience to himself.
“Though the proprietary had, both by charter and otherwise, endeavored to connect the province and territories of Pennsylvania, in legislation and government, so as to form one general assembly, yet the jealousies, and difference of sentiment; in some cases, which afterwards arose between the representatives of each part, in their legislative capacity, tending to create separate interests, and a rupture between them, were frequently the occasion of great uneasiness to him; whose view was always to keep them united, judging it most for the interest of them both, as well as his own.
Hence, after Blackwell's departure for England, in the year 1690, the irregularities, which ensued, or were attempted, in consequence of this difference, appear, by the following declaration of the council, and other public proceedings, viz. (L. S.) •By the President and Council of Pennsylvania and counties
annexed. Present.--Thomas Lloyd, President.-John Simcock, William Clark, Arthur Cook, William Stockdale, William Yadly, Samuel Richardson, Griffith Jones, Thomas Duckett, Griffith Owen.
Whereas, the provincial council, according to the powers of the present commission of government, have, at their first sitting, chosen a president, and have since, in a legislative council, continued him, till they should see cause to alter their choice; and having likewise ordered the succeeding councils to be called by him, or, in his absence, by notice sent by six members from this place; yet, notwithstanding, these members, William Clark, Luke Watson, Griffith Jones, John Brinkloe, John Cann, Johannes M.Haes, did privately meet together, in the council-room, upon the twenty-first instant, without signifying the least syllable of their intentions, of having a council either to Thomas Lloyd, the elected and continued president, or to any member of the province; and there, in an irregular and undue manner, have presumed to act, as a council, and have issued forth pretended commissions, for constituting provincial judges, contrary to the express letter of the laws, and have nominated some therein, who, under, their present circumstances, are unqualified for that station; as, upon occasion, shall be made appear; and have voted extravagant and contradictory orders. This board, having well considered their disorderly and unprecedented way of meeting, cannot but entirely disallow and disown their so clandestine meeting, to be a council; for should such a proceeding be, in the least countenanced, the consequence thereof would unavoidably introduce a rupture and confusion, in the present frame of government: for, by the same reason, that any six members privately met, without notice had from, or given to, any of the rest, may represent the governor and council, in this place, by the same methods, two other six members elsewhere may represent two governors and councils more, at the same time, in this government; which is an absurdity, not to be tolerated. And further, this council, being under an obligation of asserting the governor's power and authority, lodged in a regular provincial council, and for the undeceiving of many well minded persons, who otherwise may be abused by their late sitting, have unanimously, by this instrument, in writing, declared this to be our sense and judgment, that all entries, orders and commissions made and given forth by the aforesaid six members, at the council-room, upon the twenty-first instant, are hereby deemed null, and of no force. Whereof all magistrates, officers and other persons concerned, in this government, are to take notice accordingly. Given at Philadelphia, 26th of the ninth month, 1690.
Thomas LLOYD, President.' This disagreement appears afterwards to have increased, and, in the fore part of the year 1691, proceeded to great extreme.* The proprietary, whether to gratify, or indulge the humor of the colony, and thereby induce a coalescence of the two parties, or with whatever other design, (which, no doubt, was well intended, had left to the choice of the council, three different mothods, or modes, of the executive part of government, viz. either that of the council, or five commissioners, or of a deputy governor: this affair, with other matters, being about that time, agitated in council, and the province, or the majority, inclining to the last of these methods,
*The following proposals, said to be made to the provincial council, by Griffith Jones and William Clark, in behalf, and for the ease and satis. faction of the inhabitants of the three lower counties, or the territories, may further shew the views of the members of the said counties, in this affair, viz:
That there be forthwith a writ issued forth, for chusing a member of council, for the county of Sussex, in the room of Thomas Clifton.
That the commissions given out, by both councils, for judges, be wholly laid aside; and that the inhabitants of the three lower counties may recom
seven members, of the lower counties, viz. William Clark, John Cann, John Brinkloe, John Hill, Richard Halliwell, Albertus Jacobs and George Martin drew up and signed a formal protest, or decla« ration, directed to the members of council, of the province of Pennsylvania; dated, Philadelphia, the first of the second month, 1691. In this they declared,
First, That the mode of the five commissioners was the most agreeable to them, or to the counties, which they represented.
Second, That the commission of the council was the next, though much less convenient, than that of the five commissioners; on account of the encroachments thereby made upon their rights and privileges, by the province, in imposing officers upon them, without their consent, or approbation.
Thirdly, That the method of a deputy governor was the most disagreeable and grievous of any; on account of the choice of all officers, being placed in a single person, and the expense, or charge, of his support: therefore they would not agree to accept of that commission.
Fourthly, But that, rather than the country should be without government, they would consent to that of the council; provided no officers whatever were imposed upon any of the three lower coun ties, without the consent of the respective members of council for these counties.
Fifthly, That they desired to excuse themselves for not agreeing to have these things put to the vote; which, they said, they had experienced, the members for the province would scarce ever do, till they were sure it would go against them.
Sixthlv, That they, in behalf of the lower counties, protested against the acceptance of any commission, but that of the five persons, and resolved, that should the province act otherwise, they would govern themselves by the commission, then in force, till the proprietary's pleasure should be known therein,'-And thereupon they immediately withdrew their attendance. mend to the council two persons to be commissionated, for judges, to act the next Spring, and that to continue no longer.
That, at the next legislative council, a bill be proposed by the council, to enable the nine members of the lower counties, or any six of them, to appoint three judges, to act in that station, in the said three counties, and that there be also three for the province, always provided; that the judges do act by the laws of Pennsylvania.
That for the ease of the charge, there be a dispensing with the meeting of the assembly, unless it be for the confirming of these alterations.
That all other officers be, from time to time, appointed by the said nine members of the three lower counties, or any six of them, to act there; and that no other officers may be imposed upon them.
That the fairs for New Castle be confirmed unto them. All which being by you granted, we hope, may be a means to keep things quiet; which shall be diligently endeavored by your real friends, although otherwise represented, or suspected.
This division of the legislature appears to have been much against the proprietary's mind; who seems to have apprehended dangerous, if not fatal consequences from it. He blamed, or, at least, appeared displeased with Thomas Lloyd's conduct, in accepting of a par-. tial choice, or that of the province only, as if it were in his power to have prevented this division; but the provincial council excused him in a letter thereon to the proprietary and entirely exculpated him from being accessary thereto, or in any manner promoting this disagreement, throwing the whole blame on the territory men: they declared, that, instead of being a gainer by any public offices, which he had held, Thomas Lloyd had wasted, or considerably worsted his estate thereby; that, as he was well known to be a lover and promoter of concord and union, and preferred a private life, so, *He never accepted of that commission, but by the importunity of his friends, or at the earnest request of the province itself. This letter was signed by Arthur Cook, John Simcock, Samuel Richardson, James Fox, George Murrie and Samuel Carpenter.
The province and territories continued, in this manner, about two years; or, till the arrival of governor Fletcher of New York, in April, 1693; and though they managed better in this situation, than the proprietary, at first, seems to have expected from it, and with more harmony than they had done, for some time before; nevertheless, it will hereafter appear that the continued refractoriness of the territories, in their refusing to accept of the new charter, in 1701, was, at length, the occasion of their total separation from the province in legislation.
The resolution and measures, taken by the province, in consé. quence of this conduct of the territories, with the form of the legislative proceeding, in the deputyship of governor Lloyd, which commenced about the third month, 1691, and under the charter then in force are, in part, exhibited by the following promulgated bills; which appear to have been passed into laws, in the same year, viz. The deputy governor and freemen of the province of Pennsylvania,
in council met at Philadelphia, on the seventeenth day of the sixth month, 1691, have prepared and published, according to law and charter, these following bills, for the notice and concurrence of the freemen, in assembly to meet, the tenth day of the seventh month next, at Philadelphia, aforesaid, in the form and style of laws, then and there to be confirmed, amended, or re
jected, as the general assembly, in their wisdom, shall see meet. At an assembly held at Philadelphia, the tenth day of the seventh
enth month, anno dom. 1691.
Whereas, by an act of general assembly held at Chester, alias Upland, in the tenth month, 1682, it is, among other things, enacted by the proprietary and governor of this province of Pennsylvania, with the advice and consent of the deputies of the freemen of the same province and counties annexed, in the said assembly met, that the counties of New Castle, Jones and Whorekills, alias Deal, should