3. That Care shall be taken to Supply the Port of Lewes.

4. That suitable Roads shall be settled.

The Assembly, having received these answers to their proposals, and being thus enabled to "give an account of their Proceedings to their several Counties," announced to the Council, on the same day, May 12, their determination "to shut up this session," which they accordingly did.1

CHAPTER V.

THE NEW Government and General ASSEMBLY OF 1688.

Although but vague, and to some extent unreliable, reports were sent to the Proprietary of the condition of affairs in the Province during his absence, yet the knowledge he had gathered of the disorders existing there, was soon sufficient to convince him that his experiment of entrusting the executive functions of his government to the whole Council, was proving a failure. We have evidence that he had determined, no later than the latter part of the year 1686, to limit the exercise of these functions to fewer persons. On "the first of the Twelfth-month (February,) 1686-7," a commission was prepared by the Proprietary for Thomas Lloyd, Nicholas More, James Claypoole, Robert Turner, and John Eckley; authorizing these five, or any three of them, to act as the executive part of the government under the style of "Commissioners of State," or of the government of Pennsylvania.1

The authority to act, however, does not seem to have been forwarded to the newly appointed Commissioners until the sixth of the following June, after the adjournment of the General Assembly of 1687. The Proprietary, writing at this date to his "trusty and well-beloved friends," the Commissioners above named, says: "I have constituted you, or any three of you, Governor, and so are properly the Commissioners of the government; to act as if I were present, and I hope it will conduce to your honor, and the peace and happiness of the people, under your care. I found my former deputation clogged with a long and slow tale of persons rarely got together, and then with unwillingness, and sometimes reflections, even upon me; for their pains of hearing one letter read; That time may shew them they were out, in their censure, having then contracted their deputation into your hands, Be diligent, faithful, loving," &c.2

For some reason, which cannot be explained from the records, Nicholas More and James Claypoole, two of the Commissioners appointed by Penn, at the date above mentioned, never acted.

The routine business of Council was transacted under the old regime, until the 9th of February, 1688, when the following record, being the last entry in the proceedings of government, under the style of "the President and Council," appears:

The Gov Comission under ye broad Seal, unto Thomas Lloyd, Rob 1 Vide, Proud's Hist. of Pa., Vol. I.

GG

2 Proud.

Turner, Arth. Cook, John Symcock, & John Eckley, Impowring them, or any three of them, to be his Deputy or Leiftenant, was Read.1

A knowledge, in part, of the Proprietary's object in thus changing the executive part of his government, and also of the character of the office and the duties of the newly appointed officers, may be had from the following instructions, prepared by the Proprietary for the five Commissioners originally appointed."

Trusty and well beloved, I heartily salute you; lest any should scruple the termination of President Lloyd's commission, with his place in the Provincial Council and to the end that there may be a more constant residence of the honorary and governing part of the government for the keeping of all things in good order, I have sent a fresh commission of deputation to you making any three of you a quorum, to act in the execution of laws, enacting, disannulling, or varying of laws, as if I myself, were there present reserving to myself the confirmation of what is done, and my peculiar royalties and advantages.

First. You are to oblige the Provincial Council to their charter attendances, or to take such a Council, as you think convenient, to advise and assist you in the business of the public; for I will no more endure their most slothful and dishonorable attendance, but dissolve the frame, without any more ado; let them look to it, if further occasion be given.

Secondly. That you keep to the dignity of your station, in Council, and out, but especially to suffer no disorder in the Council, nor the Council and Assembly, or either of them, to entrench upon the powers and privileges remaining yet in me.

Thirdly. That you admit not any parleys or open conferences between the Provincial Council and Assembly; but one, with your approbation, propose and let the other consent or dissent, according to charter.

Fourthly. That you curiously inspect the past proceedings of both, and let me know in what they have broken the bounds or obligations of their charter.

Fifthly. That you, this very next Assembly General, declare my abrogation of all that has been done since my absence; and so, of all the laws, but the fundamentals; and that you immediately dismiss the Assembly, and call it again; and pass such of them afresh, with such alterations, as you and they shall see meet; and this, to avoid a greater inconveniency, which I forsee, and formerly communicated to Thomas Lloyd.

Sixthly. Inspect the qualification of members in Council and Assembly; and see they be according to charter, and especially of those who have the administration of justice; and whatever you do, let the points of the laws be turned against impiety, and your severe brow upon all the troublesome and vexatious, more especially trifling appeallers.

You shall shortly have a limitation from the King; though you have power with the Council and Assembly to fix the matter and manner of appeals, as much as to do any justice or prevent any disorder, in the Province, at all.

Seventhly. That till then, I have sent you a proclamation, to that effect, according to the powers of ordinance making, and declared in my letters patent, which you may expose as you please.

1 Col. Rec. Vol. I, p. 212.

2 Vide, Proud, Vol. I.

Eighthly. Be most just, as in the sight of the all-seeing, all-searching God, and before you let your spirits into an affair, retire to him (who is no far away from every one of you; by whom kings reign, and princes decree justice) that he may give you a good understanding and government of yourselves, in the management thereof, which is that which truly crowns public actions, and dignifies those that perform them. You shall hear further from me by C. King; the ship is ready to sail, so shall only admonish you in general, that next to the preservation of virtue, have a tender regard to peace, and my privileges, in which enact from time to time. Love, forgive, help and serve one another, and let the people learn by your example, as well as by your power, the happy life of concord. So commending you to God's grace and keeping, I bid you heartily farewell. Given at Worminghurst, in old England the first of the Twelfth-month 1686.

Under the new deputation, the Governors and Provincial Council, which sat in the General Assembly of 1688, were as follows:

William Markham, Secretary.

The following members of Assembly were returned:

John White was elected Speaker.

James Claypoole was chosen Clerk, and Richard Reynolds Messenger.

At the session of the Council, held preliminary to the meeting of the Assembly, Samuel Carpenter, John Bristow, Joseph Growden, John Cann, and Griffith Jones were appointed a committee to act "with the Attorney General," in preparing bills to be proposed to the Council and Assembly, and on the 12th of April, the following seven bills, quoted by their titles, were reported and unanimously passed, for promulgation, as was customary:

1. The Bill for Continuance of former Laws.

2. The Bill for Enabling of Widdows of Intestates to sell Land.

3. The Bill prohibiting y Exportation of Deer Skins before being Exposed to Sale.

4. The Bill to make Lands layable to pay Debts.

5. The Bill for Legall Intrest.

6. The Bill about Records.

7. The Bill for Supply.1

At the meeting of the Assembly, which took place at Philadelphia at the usual time, both officers and members exhibited a commendable desire to acquaint themselves with the status of affairs under the new government. Their first expressed, and most natural wish, was to procure, for examination, a copy of the commission of the new government, so that they might "warrantably proceed in all such matters." To refresh their mem

ory in the fundamental law of the Province, they desired to have a view of the original charter, or a copy of the same, together with a true copy of all the laws of the Province. To this reasonable request for copies of the charter and laws, William Markham, Secretary of the Council, gave answer to the Assembly "that he hath none but what belongs to his office."2 The Assembly were also desirous of having a fixed place for conference with the Council.

To these overtures the Council paid little heed, at least during the first day's session, doubtless maturing some plan for action under the Governor Penn's instructions, to a knowledge of which the Assembly had not yet

come.

An omission on part of the Assembly, this year, to present their newly elected Speaker to the Government and Council for approval, after the custom in vogue, together with their hasty action in assuming an attestation of allegiance to King James, and fidelity to the Governor, conjoined with a faithful promise not to divulge any of the proceedings of the Assembly, may account, in some degree, for the Council's tardiness in 1 Col. Rec., Vol. I, p. 221.

2 Votes of Ass., Vol. I, p. 42.