USA > Pennsylvania > Chronicles of Pennsylvania from the English revolution to the peace of Aix-la-Chapelle, 1688-1748, Vol. I > Part 16
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fore the Proprietary returned to England as Blackwell should think not contrary to the laws of England, because how far the laws of England were to be the rules had been declared by the King's letters patent.
The Sheriff of New Castle did not obey the writ of habeas corpus issued by the House, but allowed White to escape. So he came to Philadelphia, and, on the 17th, took his seat. Yet Richard Reynolds of New Castle, perhaps under a warrant from Markham as Justice, rearrested White, while, it seems, in the As- sembly room, and would not take bail, but left him when the House again unanimously resolved that the arrest of a member or attendant during the session ex- cept for treason or felony was a breach of privilege. At 10 o'clock that night, John Claypoole (James's son), Sheriff of Philadelphia County, under a warrant from Markham and Jones, broke into the room in Benjamin Chambers's house where White was going to bed, and took him away. The next morning, Joseph Fisher of Philadelphia, James Sandelands of Chester, and John Darby and Edward Blake and Richard Mankin of New Castle, and five of the six members from Sussex, the other member not having attended at all, refused to attend, apparently in expectation of the petition which their fellow members adopted asking the Governor for justice.
Two days later, there being less than the quorum of two thirds, the attending members of Assembly passed censures upon Markham, Jones, Claypoole, and Rey- nolds, and also upon Robert Turner, who was reported to have signed the last writ aforesaid, as violators of the privileges of the Assembly and betrayers of the liberties of the freemen. The members also ordered a writ, which, however, was never made out, to bring these censured persons before the House. A number of the Assemblymen went before the Governor and Coun- cil, and presented several papers, probably including
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the speech in reply to Blackwell's, one apparently being upon the non-admission of the three Councillors, and an- other being that as to White's imprisonment. Blackwell told the Assemblymen that they were not judges of the membership of the Council, and bade them take back their papers: Growdon told them not to. Blackwell then put the papers in his pocket to keep until he could be certain whether the Assembly was legally in being, inasmuch as it might be said to have fallen by the non- attendance of a quorum. After Growdon had whispered to his fellow Quakers, Yardley stood up, and said that it appeared to him that the Assembly had not ceased to be. Then, speaking of himself and a number of the Councillors, and saying that they were of a mean edu- cation, whose speech sometimes appeared very rude, and memory weak, he offered some views in a folded paper, which Blackwell, supposing it to have emanated from Thomas Lloyd, did not wish to receive. Some debate arising, Lloyd, Eckley, and Richardson came walking in. The Lieutenant-Governor rose, and asked what was their pleasure. Lloyd replied that they came to pay their respects to him, and to sit in the Council. Blackwell told them that they could not take their seats, until he and the Council were satisfied. Lloyd refused to withdraw, and, after some little hubbub, Blackwell declared the meeting adjourned. No further attempt to meet was made by the Assemblymen, whom Black- well spoke of as felones de se, or suicides. On 3rd mo. (May) 23, the Councillors present except Carpenter agreed to the issuing of a declaration, which was drawn up by a committee consisting of Markham, Clark, and Yardley. Simcock and Growdon were absent. The declaration was adopted and signed by Blackwell and nine Councillors, Carpenter voting no, and not signing. Coppock, Clark, Jones, and Yardley, signers, were Quakers. It denied all intention of subverting the Frame and the laws, and declared the laws passed by
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the Proprietary and Council and Assembly before his going to England to be in force until orders from Eng- land should be received, with the proviso or exception, however, that the Governor might issue commissions to the Provincial Judges under the lesser seal.
News had come about midnight of the 23rd of Feb- ruary of the great events in England up to December 23, when the person bringing the news had sailed out of the Downs. Little more was known for some time. In April, documents bore date "in the fifth year of the reign of King James the Second." After hearing of the accession of William and Mary, the people of New Castle became dissatisfied that the new rulers were not proclaimed, but the Governor said that he had no orders for proclaiming them, and did not know how it was to be done, having never seen a proclamation for that purpose, and feared that he might exceed or fall short in giving the proper titles, which would be treason in either case. The Council, on 6mo. 29, unanimously agreed with the Governor.
On October 1, the Governor received a letter, dated Whitehall, 13 April, 1689, signed by the Earl of Shrews- bury, announcing, by the King's command, prepara- tions for a war with France. The Councillors, after a long notice, were brought together on November 1st, to consider what was to be done, and then decided that it was time to make an acknowledgment of the author- ity of William and Mary, and to profess readiness to proclaim them upon receipt of orders or a form of proclamation. The next day, a declaration was signed by Blackwell and ten Councillors, acknowledging the new sovereigns, commanding all Justices and officers to act in the new names, and process to be so issued, and continuing all officers except Roman Catholics, and continuing all process previously issued. Then opened a debate upon arming the Province. The non-Quakers thought notice should be given to the people to get
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arms and powder and shot. The first Quakers who spoke, wished to await further news before putting the people to such expense, or said that there was no danger except from bears and wolves, or feared that the neigh- bouring Indians might take fright when they saw the population in arms, and might start hostilities: then Samuel Carpenter explained that he was not against those who would undertake to defend themselves, but, it being against the judgment of a great part of the people and his own, he could not advise it, or express approval of it, the King must know the judgment of Quakers, but, if they must be forced, he, Carpenter, supposed, that, rather than do it, they would suffer. Coppock agreed with him. Jones proposed it be left to the Governor's discretion. Simcock and Carpenter prevented such question from then being put, saying that it would be prejudicial to them to be otherwise than passive. At the next meeting, Blackwell gave his opinion as to the Frame limiting the Governor in the care of the safety of the Province by making him dependent upon the consent of the Council : he argued that, by Acts of Parliament passed in Charles II's reign, the King had the command of the militia, and not the Parliament, and much less could the Provincial Council of Pennsylvania claim command, when the King by letters patent had vested his authority in William Penn. Penn's Charter of 1683 to the people was in its very words limited "as far as in him lieth:" as it was not in the Pro- prietary's power to subject part of the King's do- minions to the chance of being captured, therefore the said Charter of 1683 could not be so construed that the Governor without the Council could not use arms to defend the colony; furthermore his levying of troops and making war was a condition of the grant, and a failure to do it might work a forfeiture. Blackwell also reminded his hearers of the power in the Governor on sudden emergencies to make ordinances. All this,
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which could be stretched to a complete nullification of the Frame of government, and which might have caused a long argument at any other time, opened a way of escape to the Quakers, when Blackwell proposed that it be left to his discretion to execute the military powers conferred by Charles II upon the Proprietary as near as possible according to the laws of England and the laws of the Province made under the Duke of York. The five Quakers forming the majority present, did not question the Governor's power, Simcock saying: "It is a thing too hard for us to meddle with, and so we leave it." They expected the Governor to follow his conscience: they would follow theirs; and they de- clined to take such a part as voting. Carpenter, who was then or afterwards the richest man in the colony, said: "I had rather be ruined than violate my con- science." The Governor now said that, as the matter seemed left to him by the general voice of the Coun- cillors, he would act in the best manner he could for the preservation of the whole, without further pressing them on this occasion.
Blackwell had early asked to be relieved of office, and would have liked to go home before the end of the Summer, but awaited the convenience of the friend who had appointed him. At last, in 10th month, a number of belated letters and documents came from Penn. One, dated 6mo. 12, was to the Councillors, saying that he had thought fit to throw everything into their hands, and directing them to let the laws they might pass hold only so long as he should not declare his dissent. If they would prefer to have a Deputy-Governor, they were to name three or five persons, fixing on a proper salary, and the Proprietary would appoint one of them; this, however, not to be a precedent. This was modified by a letter to Blackwell inclosing two commissions dated 7, 25, 1689, explaining to Blackwell that the Councillors should choose whichever they preferred. One was em-
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powering the Council to present three names to the Pro- prietary, and, until his choice were known, the person having most votes or first chosen was to act as Deputy according to the power and limitation of former com- missions. The other was appointing the whole body as Deputy according to the power and limitation of former commissions, the body to elect a President. The Council, on 11mo. 2, accepted the latter of these two alternatives unanimously, cancelled the commission for choosing a single Deputy, and chose Lloyd as President. Penn's feeling towards Lloyd had been ex- pressed to Blackwell thus: "I would be as little rig- orous as possible, and do desire thee by all the obliga- tion I and my present circumstances can have upon thee to desist ye prosecution of T. L. I entirely know ye person both in his weakness and accomplishment, and would thee end ye dispute between you two upon my single request and command and that former in- conveniences be rather mended than punished. Salute me to ye people in generall, pray send for J. Simcock, A. Cook, John Eckley, and Samuel Carpenter, and let them dispose T. L. and Sa. Richardson to that comply- ing temper that may tend to that loving and serious accord yt becomes such a government." Blackwell re- mained some time in the province after leaving office, his age and constitution making it unfit that he should take at that season of the year so long a journey as to Boston. On 1mo. 31, 1690, Lloyd was unanimously reelected President, the Council having been changed by the election of Griffith Owen, Arthur Cooke, John Blunston, John Cann, John Brinckloe, and Thomas Clifton, in place of Carpenter, Growdon, Bristow, Alricks, Markham, and Hill respectively, and by the election of Thomas Duckett, in place of Eckley, who had died. Blunston declining, William Howell was elected on 2, 22, 1690, but declared himself incapable, and appears never to have served. The Council suc-
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ceeded in having laws passed, and undid what they could of Blackwell's work. Nevertheless the feeling of the Quaker leaders against those who had acted against White and Lloyd, or had not supported the measures proposed in the House, was not appeased. The resolu- tions as to breaches of privilege were passed in 1690: while the acts complained of, being committed by those representing Delaware sentiment, had something to do with the breach of the following year.
The impost granted to William Penn in 1683, being 2d. per gal. on strong liquor, 1d. on cider, and one per cent. on all other goods imported, had met with oppo- sition from those who were to pay it, and on 11, 2, 1689-90, a letter was read from the Proprietary men- tioning that there was 600l. due to him which had been neglected or refused to be paid, and asking that the sum be made up by the colony building a house for him on his city lot, or putting stock to the extent of 200l. on each of the three plantations for his children. The impost was discontinued in 1690, Samuel Car- penter, John Songhurst, Griffith Jones, and others undertaking to pay the lump sum of £600 as a com- position. This, however, failed to be paid.
The persons and descendants of persons who had settled on the Bay and River before Penn received his title, had stood by Blackwell, and were disgruntled by the reestablishment of the Quaker clique at the head of affairs, and perhaps were alarmed for the safety of the colony with non-resistants in control. The Quakers of the Lower Counties, moreover, were estranged, like the other inhabitants living so far from Philadelphia, by the want of consideration for them. The Pennsyl- vania Councillors, when the appointment of officers for the Lower Counties came up, voted for and elected whomsoever they saw fit, without regard to the wishes of the members present from the locality. The expense and loss of time in coming to Philadelphia often caused
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the absence of Councillors from a distance. The coming to Philadelphia to attend court was also onerous. Penn had wisely provided a Supreme Court for the whole dominion to hear appeals, and try capital offences, with five Judges, of whom two were to go every Spring and Fall into the five counties, besides three of the Judges holding two sessions a year in Philadelphia. At the next Assembly after his departure, the Court for hear- ing appeals and trying murders &ct. was made station- ary at Philadelphia, so that some persons would be obliged to travel one hundred and forty miles. Most of the representatives of the Lower Counties had op- posed this, but it had been carried, it was said, by the influence of a leading man of the Upper Counties. In May, 1690, the going of the circuit by any two of five Provincial Court Judges was ordered by Act of Assembly: The appointment of the five Judges, how- ever, was delayed in Council; so that no court was held in the Lower Counties that Fall, although there was at least one person suspected of murder in each of these Counties. By the trouble in constituting courts and neglect by authorities, and probably by some inclination in Quakers to pity, and a shrinking on their part from putting anybody to death, a widow in Sussex Co., committed to prison in 1688, but bailed, on the charge of murdering her bastard child, was not brought to trial, and about a year later, being suspected of murdering another, still remained at large and untried, and was employed as a servant when, in February, 1690-1, she was delivered of another bastard, which also died ap- parently by her hand. Somebody reproached Thomas Lloyd for the failure of justice, and reasoned with him as follows: if she had suffered for the first murder, she would not have committed the two last; if she had been cleared of the first, she could then have been at liberty to marry and live honestly and bring up chil- dren, as she did in her husband's lifetime, which would
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also have prevented the two last murders. Certain Councillors from the Lower Counties decided to remedy the want of Provincial Judges in that region, and on 9, 21, 1690, without having a meeting formally called by President Lloyd, because in a well attended Council the Pennsylvanians were likely to make a majority, Clark, Watson, Jones, Brinckloe, Cann, and De Haes met at New Castle, and ordered two commissions of five Judges, the names being the same in each, but one com- mission, covering Pennsylvania, naming Simcock first, and the other, covering the Lower Counties, naming Clark first. On application to Lloyd as Keeper, he refused to affix the great seal, and a meeting attended by Pennsylvanians declared the proceedings void. The matter was compromised by the Council adopting the plan of a Pennsylvanian and a Delawarean heading the Court in his respective half of the dominion. So strong was the feeling in the Lower Counties that no repre- sentatives from the same were chosen to the Assembly of 1691, although Richard Halliwell, George Martin, and Albertus Jacobs were chosen to the Council.
On 1 month 30, 1691, there were submitted for the Council's choice two new commissions from the Pro- prietary, one for the Council to name three persons from whom Penn would appoint a Deputy-Governor, the person having most votes to act until Penn's pleasure were known, the other commission for Lloyd, Markham, Turner, Jennings, and Cann or any three of them to act as Deputy. It is said that Penn indicated his preference for the latter arrangement. He also gave notice that if a single Deputy were decided upon, the colony was to bear his support. If neither commis- sion were accepted, the government was to remain in the whole Council. The members from Pennsylvania were unanimous for a single executive, but those from the Lower Counties declared against it, being unwilling to charge their people with a salary for such an officer,
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particularly one who would reside in Philadelphia. They perceived a design of the others, who were a majority of those in attendance, to choose Lloyd, giv- ing to that self-willed individual the power to put in and turn out what officers he saw fit. The five Com- missioners were more agreeable to the Delawareans, Cann being one of themselves, Markham very accept- able to them, and Turner not under the control of Lloyd and Jennings. The Delawareans asked, if that arrange- ment were not chosen, then that the authority of the whole Council be continued, otherwise they would se- cede. On this day, David Lloyd, Clerk of Philadelphia County, issued a writ in an action for a debt against one of the Councillors from the Lower Counties: his fellow representatives thought this a scheme to prevent his attendance. At the next meeting, ten members being present, Thomas Lloyd in the chair, Growdon suddenly called for those in favor of nominating Lloyd, Cooke, and John Goodson for Deputy-Governor to rise and say "yea." Whereupon the Delawareans, protest- ing that the charter required two thirds as a quorum and a two thirds vote in "affairs of moment," with- drew. The others made the nomination aforesaid, and, after some hesitation by Lloyd, he, being the one having most votes, was proclaimed Deputy-Governor on April 2. On the 4th, Cann, Clark,-who, the reader will note, was a Quaker,-Brinckloe, Halliwell, Hill, Martin, and Jacobs, claiming that the governorship was still in the Council, met at New Castle, and chose Cann as Presi- dent. Lloyd tried to win these back, offering that the pay of himself under the commission should not be a charge upon the Lower Counties until desired by their representatives; but in vain, the seceders not only dis- liking the influence of David Lloyd upon all Judges whom Thomas Lloyd might appoint, but being now in- censed at being stigmatized as traitors, and charged with wishing to throw their territory into the hands of
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New York. The latter thought, they disclaimed in a letter to Penn.
On petition of the "inhabitants and settlers" of the town of Philadelphia, "being some of the first adven- turers and purchasers within this Province," the said town was erected into a borough-if the charter of 1691 means that there had been such action previously. Lloyd as Deputy Governor, with the advice and consent of the Provincial Council, on 3mo. (May) 20, 1691, erected said town and borough into a City to extend to the limits and bounds as it was laid out between the Delaware and Schuylkill. This charter appointed until the first annual election Humphrey Morrey as Mayor, John Delaval as Recorder, and David Lloyd as Town Clerk and Clerk of the Courts to be held within the City and Liberties, and Samuel Richardson, Griffith Owen, Anthony Morris, Robert Ewer, John Holmes, and Francis Rawle Jr., then Justices, who were citizens and inhabitants of said City, as the Aldermen, and Samuel Carpenter, Thomas Budd, John Jones, John Otter, Charles Sanders, Zechariah Whitpaine, John Day, Philip Richards, Alexander Berdsley, James Fox, Thomas Pascall, and Philip James, as the Common Councilmen, with power to acquire and sell real estate, the Mayor, Recorder, Aldermen, and Common Council- men to choose annually from the inhabitants persons to fill said offices. The Mayor, Recorder, and Aldermen were to be Justices of the Peace and Oyer and Terminer in the City and Liberties, and the Mayor, Recorder, and one Alderman were to hear and determine all causes arising therein civil and criminal except treason, mur- der, and manslaughter, reserving appeal according to the King's patent and the laws of the Province. Power was given to make and enforce laws, ordinances, &ct. for the government of the City not repugnant to the laws of England or Pennsylvania, and to impose fines, and keep the same for the use of the corporation.
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In the time of Lloyd's presidency occurred the first and for a long time greatest employment of force by Quaker rulers. Caleb Pusey, in Satan's Harbinger Encountered, minimizing the charge of inconsistency, relates that Peter Babbitt with some accomplices stole a sloop, and took her down the river; then three magis- trates issued a warrant in the nature of a hue and cry ; and, Samuel Carpenter, the owner of the sloop, stood on the wharf, and encouraged the volunteers by offer- ing 100l. reward; so Peter Boss and a party of men started in pursuit, and captured both the vessel and the robbers, although it was said that Boss and party had neither "gun, sword, or spear." That a minister and two other Quakers acting as magistrates gave a com- mission to fight, will be shown in the next chapter to have caused animadversion.
The Assemblymen chosen from Philadelphia, Bucks, and Chester Counties were convened in 7th month, 1691, under a law referring all matters not otherwise provided for concerning the Province to the Governor and freemen thereof. This Assembly continued the laws until the next session.
Penn received the letters of both the Pennsylvania and the Delaware Councillors in 7th month ; and, on the 11th, within a day or so of the time when he is alleged to have escaped to France, he wrote to the whole num- ber of Councillors, begging them to forgive each other, and to choose again in a full meeting. Taking up the grievances, he said that it was not well to reject peti- tions, it was not discreet knowingly to arrest David Lloyd, the Assembly's clerk, but that body by the Frame had no clerk other than the Clerk of the Pro- vincial Council, and it was wrong in the Council to choose the Deputy without a quorum of two thirds. This letter went by way of Maryland, enclosed to Richard Johns, and was sent by Ralph Fishbourn to
GOVERNMENT UNDER THE FRAME OF 1683. 209
those for whom it was intended, and reached them on April 12, 1692.
About the beginning of 1692, however, Penn commis- sioned Thomas Lloyd as Lieutenant-Governor of Penn- sylvania, and Markham as Lieutenant-Governor of the Lower Counties; so that this division lasted until the arrival of Governor Fletcher. The representatives of all six counties united in 1692 in one Assembly, but that body had a conflict with the Council of Pennsylvania, and none of the laws suggested by the Councillors pre- sided over by Lloyd and Markham respectively were passed. For the years 1691, 1692, and 1693, the minutes of the Council are wanting. The following new mem- bers appear to have been among the representatives of Pennsylvania proper: William Jenkins, Samuel Levis, William Biles, Hugh Roberts, and Richard Hough, while the Pennsylvania Archives, Vol. I, show the elec- tion of Richard Wilson in 1st mo., 1692, from Kent, and Samuel Gray appears in that year as a Councillor from the Territories, probably from Sussex.
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CHAPTER VIII.
RELIGIOUS DISSENSION.
The Quakers without a standard of belief- George Keith-His contentions with members of the Society-Separate meetings-Written judg- ment against him and replies thereto-Arrest of Bradford and McComb, seizure of Bradford's tools, and proclamation against Keith-The Yearly Meeting of 1692-Liability of Keith to punish- ment under the civil laws-His arraignment with that of Boss, Budd, Bradford, and McComb-Hat incident-The rest of the Court proceedings-Re- lief granted by the Governor under the Crown- Keithians issue exhortation against negro slavery -The Yearly Meeting in London disowns Keith- His services in the Turners' Hall, London, and de- cision to join the Established Church-Subsequent course of various Keithians-Welsh Baptists- Lower Dublin-Seventh Day Baptist burying- ground in the city-Trinity Church, Oxford- Upper Providence Keithians and rival congrega- tions formed among them-Philadelphia Keithian Meeting-Thomas Rutter-Dispute as to the prop- erty-The Lloydians-Triumph of Orthodoxy in the Society of Friends.
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