CHRONICLES 
 
 OF 
 
 PENNSYLVANIA 
 
 FROM THE 
 
 ENGLISH REVOLUTION 
 
 TO THE 
 
 PEACE OF AIX-LA-CHAPELLE 
 
 1688-1748 
 
 BY 
 
 CHARLES P. KEITH 
 
 author of 
 
 "The Provincial Councillors of Pennsylvania 1733-1776" 
 
 and "The Ancestry of Benjamin Harrison" 
 
 In Two Volumes 
 
 Vol. I 
 
 PHILADELPHIA 
 
 1917
 
 Copyright 1917 
 
 By 
 
 CHARLES P. KEITH 
 
 Patterson & White Co. 
 
 printers and publishers 
 
 Philadelphia, Pa.
 
 F 
 
 V.I 
 
 TO 
 
 MY WIFE 
 
 T rr>^ a i 
 SANTA BARBARA
 
 PREFACE 
 
 The settlement of the banks of the Delaware by 
 Dutch, Swedes, and Quakers has been sufficiently 
 minuted not only in printed records, but in histories 
 which are accessible. Similarly those events of the 
 struggle for British supremacy and of the straggle for 
 American independence which took place within the 
 present boundaries of Pennsylvania are too well known 
 to require fresh narration. As to the long period not 
 covered by these subjects, not only data as to local de- 
 velopment, but much information as to general affairs 
 will be found in volumes devoting most space to earlier 
 or later times. But for the valuable contribution made 
 by such, there would be little knowledge of men and 
 things between the arrival of the last shipload of 
 Quakers and the first steps in the French and Indian 
 war. The standard works on Pennsylvania in the 
 XVIIth andXVIIIth Centuries may be described as a 
 panegyric upon William Penn, the Acta as a wonder- 
 worker of Benjamin Franklin, or an epic about George 
 Washington. Much matter, less vivid, but worthy of 
 observation, even any mention of certain years, is 
 omitted. The complete story of successive administra- 
 tions and their achievements or failures, of antagonistic 
 religions, alien immigrations, relations with aborigines, 
 and the legislature 's adherence, under repeated tempta- 
 tion, to the principle of not engaging in war, is, in con- 
 sequence, to be hunted widely in monographs, published 
 correspondence, and parts of a number of books, many 
 on special lines. 
 
 V 
 

 
 vi Preface. 
 
 A comprehensive chronicle of the most neglected 
 period is attempted to be supplied in these volumes, de- 
 tailing what took place in each year, but sometimes pur- 
 suing a topic beyond the year in question, when the 
 bringing in of other subjects would have been bewilder- 
 ing. Not to include what other writers have well 
 covered, two dates memorable in a large part of the 
 world have been chosen, that of the English Revolution, 
 for the starting-point, as not requiring further details 
 of the founding of the colony than are necessary to ex- 
 plain later conditions, and the date of the treaty of Aix- 
 la-Chapelle, for closing the record, so as to shut out the 
 contention for the Ohio, which was consequent upon 
 that treaty. It has been necessary sometimes to over- 
 step these limits in order to treat completely a minor 
 subject which was important or noticeable during the 
 course of the sixty years ; and the opportunity given in 
 a book on Pennsylvania history has been used to correct 
 misappreheijsions as to matters not chronologically 
 within its theme. 
 
 Much of what, in histories, addresses, or editorial 
 notes, has been published relating to those who con- 
 trolled or inhabited Pennsylvania, has been inspired by 
 bitter partisanship or, at least, strong predilection. As 
 the establishment of the colony has been the just pride 
 of the Quakers, and as the original sources of infor- 
 mation most accessible here until recently have been 
 the manuscripts coming from the governing family and 
 faction, the predilection has been usually for the side 
 of William Penn, if not of the Proprietaries in general ; 
 but in opposition the Historical Revieiv of the Consti- 
 tution and Government of Pennsylvania, voicing the
 
 Preface. vii 
 
 opinions held by Franklin, and the History written by- 
 Thomas F. Gordon are conspicuous. It is not easy 
 even for the investigator, delving beneath the radical 
 and bitter expressions, to find out what was justice in 
 the contentions, or what was true as to the conduct, 
 much less as to the motives, of individuals. So strong 
 was the disposition of the men active in the politics or 
 religion of Pennsylvania at that time to believe any- 
 thing against their real or supposed adversaries that 
 even such evidence as a contemporary letter can not 
 always be depended upon. With no purpose of making 
 an arraignment against venerated personages, but 
 ready to find a plea for the poorer in estate, the fol- 
 lowers of a different ecclesiastical use, and others an- 
 imadverted upon, I have said some things which will 
 displease, but I have tried to be impartial, and to make 
 allowances for all parties in the clashing of interests 
 and consciences. Investigation has led me to different 
 conclusions from those prevalent in this part of the 
 country, and formerly accepted by myself. I trust that 
 no expressions, however, will be thought to indicate 
 want of respect for the truly religious members of the 
 Society of Friends, and it seems to me that everybody 
 living at the present time ought to wish the world con- 
 verted to the "peaceable persuasion" of the majority 
 of the Assembly of Pennsylvania from 1688 to 1748. 
 
 It has been impracticable to cite authorities for every 
 statement, and it has been undertaken only for such as 
 may cause surprise. If the reader wishes to decide for 
 himself the truth of any, and there is no closely preced- 
 ing or following reference which happens to cover, he 
 will probably find the fact mentioned in what is the best
 
 viii Preface. 
 
 evidence, viz: the printed Votes of the Assembly, the 
 printed minutes of our Provincial or Governor's Coun- 
 cil (called the Colonial Records), the printed Pennsyl- 
 vania Archives, the copied minutes and documents of 
 the Lords for Trade and Plantations, the printed ab- 
 stracts of English State Papers, the Papers of the 
 House of Lords published by the Historical Manuscripts 
 Commission, and the copies of deeds &ct. in the public 
 offices in Philadelphia. As to what, not of public rec- 
 ord, William Penn or his representatives did, we have 
 their own written words, published in the Penn and 
 Logan Correspondence, or preserved among the letters 
 and papers in the care of the Historical Society of 
 Pennsylvania; and the same repository holds for the 
 student's inspection the correspondence, apparently 
 complete, between the later Penns and their deputies. 
 
 It has seemed better to give all the dates as they ap- 
 pear in the original authorities, and, if alternative, 
 then in Old Style, and, as the difference from the New 
 Style is not always understood, to devote a page or so 
 in the first chapter to explanation. Perhaps it is only 
 fair to my printers to add that the spelling, punctua- 
 tion, &ct. are my own except usually where I am quot- 
 ing, or, as to Indian names, spelling according to the 
 record. I have undertaken to begin with a capital, not 
 only titles, but such words as People, Province, &ct., 
 when meaning the political body, and also Province, 
 when meaning Pennsylvania proper without including 
 Delaware ; and I have placed £ before a sum in sterling 
 and I. after a sum in provincial currency. 
 
 Charles P. Keith. 
 321 S. Fourth St., Philadelphia, 
 November, 1916.
 
 CONTENTS OF VOLUME I 
 
 CHAPTER I. 
 
 National Advance and Royal Charters 1 
 
 CHAPTER II. 
 
 The Ascertainment of the Southern Boundary . 30 
 
 CHAPTER III. 
 
 The Acquisition and Distribution of the Land . 60 
 
 CHAPTER IV. 
 The Red Neighbours 90 
 
 CHAPTER V. 
 
 The People 123 
 
 CHAPTER VI. 
 A Republican Feudatory 153 
 
 CHAPTER VII. 
 
 Government under the Frame of 1683 182 
 
 CHAPTER VIII. 
 
 Religious Dissension 210 
 
 CHAPTER IX. 
 England 243 
 
 CHAPTER X. 
 
 Failure in Government 281 
 
 CHAPTER XL 
 
 The Church of England 327 
 
 CHAPTER XII. 
 Penn 's Second Marriage and Second Visit 367 
 
 CHAPTER XIII. 
 
 Government by Penn 's Friends 402 
 
 CHAPTER XIV. 
 The Anti-Proprietary Party 433 
 
 ix
 
 CHAPTER I. 
 
 National. Advance and Royal Charters. 
 
 The settlement on Delaware Bay and River at 
 the date of the English Revolution — the method 
 of dating — Boundaries in English charters for 
 Virginia, New England, and Maryland — Dutch 
 and Swedes on the Delaware — English conquest 
 and the treaties — Duke of York's control — Wil- 
 liam Penn's parentage — His application for land 
 — Description in the charter to him. 
 
 When the English Revolution took place, white 
 people of various nationality, but united under one 
 government derived from that Crown which the Revo- 
 lution transferred, were already scattered from below 
 Cape Henlopen to above the Falls of the Delaware, 
 through a depth westward from the water's edge of 
 about twelve miles. Cultivated fields were alternating 
 with extensive forests throughout the whole region, 
 dwelling-houses were at the borders of the owners' 
 plantations, perhaps more sheds than barns held crops 
 and quadrupeds, a mill had been established to grind 
 the corn for each neighbourhood, while primitive man- 
 ufactories for lime, glass, etc., were here and there, a 
 few meeting-houses for Quakers had been built, and 
 two or three structures scarcely more ornate, but for 
 more ornate worship, may have been standing. In 
 some places, the newer houses were close to one an- 
 other by a township plan, and there were a few villages 
 representing settlements which might be called old for 
 that part of the New World, such as Lewes, or Whore-
 
 2 Chronicles of Pennsylvania. 
 
 kills, New Castle, once New Amstel, and Chester, 
 formerly Upland. New Castle had perhaps a wharf, 
 and certainly a fort or stockade, which however had 
 been long unused, and was in want of repair, and there 
 were the ruins of a governor's headquarters on Tini- 
 cum Island. Up the river, several miles north of the 
 mouth of the Schuylkill, and on rising ground, which 
 was marked by recently inhabited caves, and divided 
 by a creek or arm of the Delaware, were, however, the 
 beginnings of a capital city, designed to cover the 
 isthmus where the two rivers were bent again towards 
 each other. A large wharf had been made, at which 
 a goodly number of vessels were coming and going 
 during eight or nine months of the year. Houses, 
 quite a number being of brick, faced the Delaware on 
 a street along the top of the slope towards the water, 
 and there were others on both sides of the next street 
 to the west, as also near the Delaware end of streets 
 laid out from river to river. In the middle of the 
 widest of the latter streets, near the top of the slope, 
 were the market sheds and the little court house, the 
 seat of authority. Miles away, near the rapids, or 
 Falls, of the Delaware, was the manor-house of William 
 Penn, Proprietary and Governor in Chief. One cor- 
 rection of tradition may well be made in passing: the 
 bricks of the old buildings of Pennsylvania were not 
 brought from England ; on the contrary, clay was most 
 abundant in the soil, and, naturally, brickmaking was 
 early a great industry, and it is ridiculous to suppose 
 that freight for over 3000 miles was paid for what 
 could be obtained at or near the spot. 
 
 The Revolution was consummated when, after James 
 II had succeeded in his second attempt to escape from 
 England, William and Mary, Prince and Princess of 
 Orange, formally accepted the joint sovereignty of- 
 fered by the Lords and Commons assembled at West- 
 minster, and gave adherence to the Declaration of
 
 National Advance and Royal Charters. 3 
 
 Right, and were proclaimed King and Queen. The 
 day on which this took place is that with which this 
 chronicling of events connected with the civilized part 
 of the present extent of Pennsylvania begins, viz: a 
 Wednesday which the English of the time reckoned as 
 "the thirteenth day of February in the year of our 
 Lord one thousand six hundred and eighty-eight," but 
 which most of the nations of Western Europe, includ- 
 ing Scotland, called ' l the twenty-third day of February 
 in the year of our Lord one thousand six hundred and 
 eighty-nine." Those nations had adopted the Grego- 
 rian calendar, advancing the time ten days, and begin- 
 ning the year on their first day of January, whereas 
 England was beginning it on what the English called 
 the twenty-fifth of March following. Under the Eng- 
 lish system, January and February were the eleventh 
 and twelfth months respectively, and March was called 
 the first month, although twenty-four of its days were 
 at the end of a year. The Quakers numbered, instead 
 of naming, the months, and this was directed by an 
 Act of Assembly of Pennsylvania, interpreted incor- 
 rectly by the editor of Volume I of the Minutes of the 
 Provincial Council as directing that the year start with 
 the first day of March. As was usual in private let- 
 ters, the records of the colony from January 1st to 
 March 24th both inclusive, while giving the day of the 
 month according to the local calendar, generally give 
 the year according to both English and French style, 
 the last figure of the year looking like a fraction with 
 the English figure as numerator and the French figure 
 as denominator, as, for instance, 168f, or else there 
 being added with a hyphen after the English year the 
 last figure of the French year, as in 1688-9. England 
 and, following her, Pennsylvania adhered to the old, 
 or Julian, calendar, and to the twenty-fifth of March 
 as New Year's day, throughout the whole period of 
 this history. Each date in this book being given as
 
 4 Chronicles of Pennsylvania. 
 
 stated in the authority for it, the reader may assume, un- 
 less it is otherwise declared, that it is according to that 
 ' ' Old Style. ' ' The only difference in the length of the 
 months in the two calendars during the period was 
 that the old had a twenty-ninth of February in the 
 year 1700, while the new had not: so that the English 
 first of March, 1700, was the French twelfth of March, 
 1701, and so on, the discrepancy of ten days becoming 
 eleven days. 
 
 The year of our Lord according to the Old Style 
 will be found in this book in parenthesis when a docu- 
 ment dated by the year of a king's reign is mentioned; 
 a mode of dating which would puzzle the reader, par- 
 ticularly as to the acts of Charles II, who dated his 
 reign from the execution of Charles I, January 30, 
 1648-9, although Charles II was not restored to power 
 until May 8, 1660, when proclaimed King, or May 29, 
 1660, when he entered London, in what was called 
 the twelfth year of his reign. It may be useful to 
 state that, counting the day of accession as the first 
 day of the first year of the reign, 
 
 the first vear of James I ended on March 23, 1603-4, 
 O. S., 
 
 the first year of Charles I ended on March 26, 1626, 
 O. S., 
 
 the first year of Charles II ended on January 29, 
 1649-50, O. S., 
 
 the first year of James II ended on February 5, 
 1685-6, O. 8., 
 
 the first year of William III ended on February 12, 
 1689-90, O. S., 
 
 the first vear of Anne ended on March 7, 1702-3, 
 O. S., 
 
 the first year of George I ended on July 31, 1715, 
 O. S., 
 
 the first year of George II ended on June 10, 1728, 
 O. S.
 
 National Advance and Royal Charters. 5 
 
 Although by the time with which these Chronicles 
 start, the dream of a Scandinavian world-power had 
 vanished, the furs of America had been diverted from 
 Amsterdam, and the Europeans on the western shore 
 of Delaware Bay and River had accepted the status of 
 tenants of William Penn, it is necessary, even before 
 studying the people, the proprietaryship, and the gov- 
 ernment, to take a retrospect as far as before the reign 
 of Gustavus Adolphus and the voyages of Henry Hud- 
 son, in order to explain the boundary dispute which 
 overhung a large part of the present extent of Pennsyl- 
 vania during the whole period chronicled. 
 
 When there were no white people on the Atlantic 
 Coast between Maine and Florida, King James I of 
 England authorized two settlements to be made within 
 certain limits by a number of his subjects in two com- 
 panies, or colonies, as he called them. After one of 
 these companies had made an establishment on the 
 James River, the King, by charter dated May 23rd in 
 the seventh year of his reign over England (1609), 
 granted to those contributing, called "The Treasurer 
 and Company of Adventurers and Planters of the City 
 of London for the first Colony in Virginia," the Atlantic 
 coast for 200 miles northward and southward of Point 
 Comfort with a depth inward to the Pacific Ocean, 
 which was not then supposed to be very far off. This 
 charter, which was annulled in 1625. before any lots 
 were sold north or east of the Chesapeake, is only men- 
 tioned here because this disposal of land, nearly, if not 
 quite, up to the latitude forty degrees north, was in 
 force when the other company also received a separate 
 charter from the same King. The Stuart kings person- 
 ally transacted the affairs of their realm: the policy 
 during a reign was as continuous as that under a party 
 Cabinet in later times, either changing as exigencies 
 arose ; and the theories of James I or the carelessness 
 of Charles IT affected history. James I incorporated
 
 6 Chronicles of Pennsylvania. 
 
 in 1620 those who had been expected to make the other 
 settlement, calling them "The Council established at 
 Plymouth in the County of Devon for planting, ruling, 
 and governing of New England in America." The 
 charter to this Council recited the depopulation of the 
 coast "between the degrees of forty and forty-eight," 
 and gave the name New England to all the territory 
 in America lying and being in breadth from forty de- 
 grees of northerly latitude from the equinoctial line to 
 forty-eight degrees of said northerly latitude, and in 
 length by all the breadth aforesaid throughout the 
 main land from sea to sea. In the granting clause, but 
 nowhere else, the word "inclusively" occurs after the 
 words "to forty-eight degrees of said northerly lati- 
 tude, ' ' but this can hardly be thought so to enlarge the 
 description as to cover anything south of what is just 
 forty degrees north of the equator. The parallels 
 of latitude used by geographers mark the end or com- 
 pletion of just so many degrees as the number attached 
 to them on the map, in other words the completion 
 of just that many, starting from the equator, of the 
 ninety parts into which the surface of the earth from 
 the equator to the pole is divided. There has been 
 some confusion in such expressions as "the fortieth 
 degree," "the forty-eighth degree," etc., some persons 
 meaning the parallels marking forty degrees, forty- 
 eight degrees, etc., and some even meaning the space 
 north of the parallels marking so many degrees. 
 Early instances of the use of the expression with one 
 or other of these meanings can be found, but, what is 
 much in point, William Penn and Lord Baltimore, 
 sixty years after the granting of the New England 
 charter, were speaking of the parallel marking forty 
 degrees as "the fortieth degree." In strictness, the 
 later Penns were right in saying that the fortieth de- 
 gree is the fortieth of the ninety spaces from the 
 equator to the pole, the space beginning at the equa-
 
 National Advance and Royal Charters. 7 
 
 tor, and running to parallel marked 1°, being the first; 
 in other words, that the fortieth degree is the space 
 between the parallel marked 39° and that marked 40°. 
 A description, however, like that of New England, 
 4 'from forty degrees to forty-eight degrees" is obvi- 
 ously from where you count forty degrees complete 
 from the equator to where you count forty-eight de- 
 grees complete. Against an interpretation that this 
 region was to start northward from the parallel 39°, 
 is the fact that it would then have covered a consider- 
 able part of the southern colony's 200 miles north of 
 Point Comfort, and this could not have been intended. 
 Although in the charter an exception was made of all 
 land actually possessed or inhabited by other Christian 
 princes or states, or within the bounds of the southern 
 colony, it is most likely that the description was meant 
 to run from as near as possible just where the southern 
 colony ended. Therefore, the southern termination 
 of what was meant by New England for many years 
 after 1620, must have been the parallel marked 40°, 
 the completion of forty degrees north of the equa- 
 tor. 
 
 This parallel, which will be spoken of in these pages 
 as "the fortieth parallel," will be seen in modern maps 
 to strike the New Jersey coast at Chadwick, about two 
 miles south of Mantoloking, and the western side of 
 the Delaware River at Bridesburg, and to cross Broad 
 Street, in Philadelphia, below Clearfield Street, and 
 the city line below Bala, and to pass through Downing- 
 town, and south of, but not far from, Lancaster, 
 Columbia, Shippensburg, Bedford, and Brownsville. 
 
 In the same year that James I made the aforesaid 
 grant for the southern colony, Henry Hudson, while 
 sailing in the employ of the Dutch East India Com- 
 pany, gave to the sovereign of that company by explor- 
 ing both the Delaware Bay and the Hudson River a 
 claim from the first authenticated discovery to the
 
 8 Chronicles of Pennsylvania. 
 
 shores of each; and at the time when James I made 
 the aforesaid grant of New England, citizens of Hol- 
 land, etc., were trading on what they called the North 
 River, and perhaps on the Delaware, which they called 
 the South River. It was not long afterwards that 
 those acknowledging allegiance to the Netherlandish 
 Estates General came into undisputed possession of 
 the valley of the Hudson and a large part of Connecti- 
 cut and some part of New Jersey, having forts on the 
 east side of the Delaware River, buying land in 1629 
 on the west side of Delaware Bay, and for a short time 
 keeping a fort there, and even, in 1633, erecting a fort 
 on the Schuylkill. 
 
 About 1630, Sir George Calvert, first Baron Balti- 
 more in the peerage of Ireland, who had been one of 
 the Virginia Company, and one of James I's secre- 
 taries of state, sought from Charles I a tract of land 
 north of the settled part of Virginia. It is not neces- 
 sary to go into the question of the King's right to con- 
 vey or set off what had been granted to the dissolved 
 company; for this did not affect the Penn and Balti- 
 more controversy. Cecil Calvert, the second Baron, pre- 
 sented after the first Baron's death a further petition, 
 describing the region desired as "uncultivated and oc- 
 cupied in parts by barbarians having no knowledge of 
 Divine Inspiration." In the charter's recital of the 
 petition the words are "hactenus inculta ei barbaris 
 nullam divini numinis notitiam habentibus in partibus 
 occupata." Under date of June 20th, in the eighth 
 year of the reign (1632), King Charles granted to the 
 said second Baron and his heirs and assigns, according 
 to transcript of the enrolment of the charter, printed, 
 with its bad spelling, etc., with the Report of Commis- 
 sioners of 1872 on Boundary of Maryland and Vir- 
 ginia: Totam Mam partam Peninsule sive Cherson- 
 nessus jacentem in partibus Americe inter Oceanum 
 ex oriente et Sinum de Chesapeake ab occidente a
 
 National Advance and Royal. Charters. 9 
 
 residuo ejusdem per rectam lineam a promontorio sive 
 Capite terre vocato Watkins' Point juxta sinum pre- 
 dictum, prope Fluvium de Wighco situatum ab occi- 
 dente, usque ad magnum Oceanum in plaga orientali 
 duct am, divisam, Et inter metam illam a meridie usque 
 ad partam illam estuarii de De La Ware ab Aquilone 
 que subjacet quadrigesimo gradui latitudinis Septen- 
 trionalis ab cequinoctiali ubi terminatur Nova Anglia: 
 Totum que ilium terre tractum, infra metas subscriptas 
 videlicit transeundo a dicto Estuario vocato Dela- 
 ware Baye recta linea per gradum predictum usque 
 ad verum meridianum primi fontis fluminis de Pattow- 
 mack deinde vergendo versus meridiem ad ulterior em 
 dicti ftuminis ripam et earn sequendo qua plaga occi- 
 dentalis et meridionalis spectat usque ad locum quen- 
 dam appellatum Cinquack prope ejusdem Fluminis 
 ostium scityatum ubi in prefatum Sinum de Chesso- 
 peak evolvitur ac inde per lineam brevissimam usque 
 ad predictum Promontorium sive locum vocatum Wat- 
 kins' Point." 
 
 As this makes the northern boundary "ubi termi- 
 natur Nova Anglia," it seems unnecessary to give any 
 further reason why the only fair construction is that 
 the words ''quadrigesimo gradui latitudinis" mean 
 the fortieth parallel, marking the completion of forty 
 degrees, not the beginning of the fortieth space from 
 the equator, and that the word "estuarii" covers river 
 as well as bay. Thus this charter, under which the 
 Lords Baltimore were Proprietors of Maryland until 
 the American Revolution, relates to all land beginning 
 at Watkin's Point on the Chesapeake, then along a line 
 drawn to the Atlantic as the southern boundary line, 
 then up the Atlantic coast and the shore of Delaware 
 Bay and River to where it is crossed by the fortieth 
 parallel, where New England terminated, and west- 
 ward along said parallel — "per gradum predictum" — 
 to the meridian of the furthest source of the Potomac,
 
 10 Chronicles of Pennsylvania. 
 
 then due south to the Potomac, and along its southern 
 bank to Cinquack near the mouth, and thence by the 
 shortest line to Watkin's Point. We are confident that, 
 had the original grantee soon put a town on the Dela- 
 ware River anywhere not supposed to be above the 
 fortieth parallel, say at League Island or the mouth of 
 Dock Creek, all England would have thought him act- 
 ing within his rights. When his heirs, notwithstanding 
 matters to be hereafter mentioned, had persisted in 
 claiming what is now the state of Delaware and Dela- 
 ware County and a great part of other counties in 
 Pennsylvania, the Penns found lawyers to argue for 
 various interpretations of the charter. The Penns 
 finally insisted that "subjacet quadragesimo gradui" 
 means "lies south of the beginning of the fortieth de- 
 gree," i.e. south of the thirty-ninth parallel. Were 
 there no other reasons against this, it could scarcely 
 have been Charles I's actual intention to give such a 
 small part of the wilderness to the heir of an old pub- 
 lic servant like George Calvert, who had spent large 
 sums in colonial enterprises, and had asked for this 
 grant to reimburse him. At the time the description 
 was written, Capt. John Smith's map was the author- 
 ity as to the country around the Chesapeake, and that 
 map made Watkin's Point, the starting-place, about 
 38° 10' north. To put the northern boundary at the par- 
 allel 39°, was to give only about fifty miles of width, 
 degrees being then computed at sixty statute miles. 
 The general notion of the English government when 
 William Penn asked for a grant of land was that 
 Lord Baltimore had two degrees of latitude, and it 
 was to such dimensions that Penn desired to hold 
 him. Watkin's Point being 38° 10', made the tradi- 
 tional northern boundary at least forty degrees north. 
 William Penn, instead of claiming that the "fortieth 
 degree" or "the beginning" meant the parallel 39°, 
 argued to the third Lord Baltimore that when the
 
 National Advance and Eoyal, Charters. 11 
 
 patent of 1632 was granted, Watkin's Point was 
 supposed to be ' * in the thirty-eighth degree, ' ' Penn thus 
 using the popular language, by which the degree is 
 beyond the parallel marking that many degrees. Of 
 the two lines, that at the beginning, and that at the 
 completion of the true fortieth degree, only by using 
 that at the completion can the figure be drawn accord- 
 ing to Smith's map, which delineates the Potomac as 
 having its first source about as near the fortieth paral- 
 lel as the bend of that river at Hancock actually is ; so 
 that a line running south to reach the source could 
 never start from the thirty-ninth parallel. In fact, 
 Smith had gone up the Potomac to 39° 30', and re- 
 ported the river as extending further many miles 
 northwestwardly ; so it would have appeared nonsense 
 to talk about land at the sources of the river in a 
 grant reaching no further north than 39°. The sug- 
 gestion, once made, that Baltimore's land could not 
 extend further north than the head of Delaware Bay 
 would have made the description contradictory, as 
 an east and west line therefrom would shut out the 
 upper Potomac. In the charter for Connecticut, about 
 thirty years later, a certain body of water is called a 
 river, and described as being commonly called a bay. 
 The truth seems to be that, as Argall, the English dis- 
 coverer of Delaware Bay, who visited it the year after 
 Hudson, described it as extending inwards thirty 
 leagues, the English thought that the head of the bay 
 might be further north than forty degrees, twenty 
 marine leagues bemg a degree. To be sure, Argall 
 said "lying in westwardly," and made the latitude of 
 the southern cape 38° 20' north, but Hudson had more 
 accurately made that of the northern cape 38° 54'. 
 The Penns' final contention, from the use of the word 
 subjacet, even excluded from this grant the northern 
 part of the shore along the salt water, as not lying 
 "under the fortieth degree." Lord Chancellor Hard-
 
 12 Chronicles of Pennsylvania. 
 
 wicke, in enforcing the compromise agreed upon by the 
 Penns and Lord Baltimore, said that there was an 
 ambiguity as to whether the grant extended to or 
 through the degree. It would seem that any such am- 
 biguity should have been solved according to the pro- 
 vision which the charter itself contained, that, in case 
 of doubt as to the true meaning of any word, clause, 
 or sentence, the interpretation should always be 
 "benignior, utilior, et favorabiliter" for Lord Balti- 
 more and his heirs and assigns. 
 
 There are publicists who would have settled all con- 
 flicting claims upon the broad principle that grants of 
 political power are revocable by the supreme authority 
 of the State, and that the latest grantee — in this case 
 William Penn — is to supersede those prior to him. 
 This principle, however just, and how much soever 
 followed in reality by Councils of State and courts of 
 law, was too dangerous to the heirs of the latest one 
 favored to be urged by them. A solution similarly 
 dangerous to them could be found also in treating the 
 grants of the American wilderness, when greatly ex- 
 ceeding the needs or services of the recipients, as mere 
 licenses to occupy with colonists, and as lapsing with 
 non-user. No attempt to send colonists to the Dela- 
 ware Eiver under this charter of 1632 was made until 
 the shores had passed under another flag, and had been 
 afterwards freshly acquired by conquest. The main 
 assertion of the Penns in opposition to the Lords 
 Baltimore was that the charter of 1632 was, as to what 
 the Penns wanted, invalid or inoperative, or had be- 
 come so. Original invalidity would be recognized if 
 some other civilized power, instead of the king who 
 made the grant, had the rightful title. As excepted 
 from the operation of the charter would be all land as 
 to which the recital of its being occupied only by sav- 
 ages was untrue; for that recital amounted to a con- 
 dition annexed to the gift, as it expressed the informa-
 
 National Advance and Royal Charters. 13 
 
 tion on which it was based, and a royal gift based on 
 untrue information was void. The Crown of England 
 had claimed title by discovery to the whole region 
 granted to the Virginia and New England companies, 
 but James I rather appealed to early possession or a 
 right to occupy what was vacant, and neither he nor 
 Charles I was interfering with actual colonies of other 
 civilized powers. Of course there was a limit to the 
 possessions of such colonies. Unless the whole of 
 North America was to be included in Mexico, or the 
 northern part of the present United States was to be 
 included in Canada, one European nation could not be 
 deemed owner of territory beyond its effective control. 
 Therefore the force of the charter to Lord Baltimore 
 on the Susquehanna and Delaware respectively is to 
 be distinguished. No European outpost had been es- 
 tablished in that part of the region described in the 
 charter which lay west of the watershed between the 
 two rivers: and it was the merest pretence of Dutch 
 influence or the boundaries of deeds to the Dutch from 
 certain Indians which could impeach the Calverts' 
 right in that part. Moreover, as will be shown further 
 on, the claim had been duly prosecuted there. 
 
 As to the land drained by Del-aware Eiver and Bay, 
 however, while it is not clear that such settlements as 
 the Dutch had made by 1632 amounted to an occupa- 
 tion, the English did not really acquire the region until 
 more than thirty years after that date. Not only did 
 the Estates General of the United Belgic or Nether- 
 land Provinces — Holland, Zeeland, Friesland, etc., — 
 soon take additional points under their sovereignty, 
 but, moreover, pursuant to the design of Gustavus 
 Adolphus, his successors on the throne of Sweden, 
 being also Princes of Finland, etc., sent over their sub- 
 jects to both the eastern and the western shores of the 
 Delaware. In the course of years, various English- 
 men independent of Lord Baltimore, made unsuccess-
 
 14 Chronicles of Pennsylvania. 
 
 ful attempts to trade or plant there: meanwhile the 
 two other nations lived side by side with unsettled 
 boundaries. William Penn very reasonably thought 
 that, even if Lord Baltimore's patent was originally 
 good, he had lost his right to that region by never ac- 
 quiring possession, and the region had become the 
 property of the Dutch by the treaty between Cromwell 
 and the Estates General in 1653, yielding to the latter 
 the land of which they were possessed at the beginning 
 of the war. The restored English monarchy, keeping 
 Jamaica, which was acquired through that treaty, was 
 bound by it. Sweden, by the capture of the Dutch fort 
 in May, 1654, secured the dominion of the Delaware 
 basin from below Cape Henlopen to miles above the 
 fortieth parallel; but the Dutch reconquered it in Sep- 
 tember, 1655. 
 
 Except to state title in sending commissioners to 
 agree upon a boundary, Lord Baltimore and his repre- 
 sentatives seem to have acquiesced in the possession 
 by the Swedes and Dutch until 1659, when he sent an 
 officer to New Amstel to demand the withdrawal of the 
 settlers who were below the fortieth degree or an ac- 
 knowledgment of tenure. The Dutch officials refused, 
 and their superiors on Manhattan Island sent ambassa- 
 dors asserting title under the King of Spain's right 
 by Columbus's discoveries, and the assignment of that 
 right to the United Republic of the Seven Provinces by 
 the treaty of Munster in 1648, recognizing their inde- 
 pendence, and giving up all countries conquered and 
 seated by them. The ambassadors claimed in general 
 New Netherland, extending along the ocean from 38° to 
 42°, bounded on the west by Maryland on Chesapeake 
 Bay, as one of those countries, and in particular the 
 South River, as having been possessed by the settlement 
 of Hoorekill (the early spelling of Whorekill), and by 
 various forts. A just title to the whole river and espe- 
 cially the western shore was furthermore claimed from
 
 National Advance and Royal Charters. 15 
 
 purchase from the natural proprietors, the native 
 Indians. Baltimore subsequently had an agent press 
 his cause in Holland, but without success. 
 
 Although James I and Charles I had tried to avoid 
 any conflict in regard to colonies with other civilized 
 nations, Charles II in fact offered the Netherlandish 
 possessions in North America to any Englishman who 
 would conquer them. It has been said that he never 
 forgave the Estates General for sending him, when an 
 exile, away from the Hague, at the demand of Crom- 
 well. The restored monarch did not wait for a declara- 
 tion of war. Under date of April 23rd in the fourteenth 
 year of his reign (1662), in chartering the Governor and 
 Company of Connecticut, he granted to them a depth 
 or extent in longitude to the Pacific Ocean, with no ex- 
 ceptions as to the possessions of other civilized nations. 
 This may have been merely a careless copying of the 
 charter for Massachusetts, or designed by the grantees 
 to enable them to absorb the rival colony of New 
 Haven, in which they succeeded; but such a document 
 could have been construed as a license to seize under 
 the old claim of the Crown of England the southern 
 part of the Hudson Valley, and what lay west of it. 
 The extent of the grant southward was not mentioned 
 clearly, the description being "all that part of the 
 King's dominions in New England in America" — as 
 before mentioned, the land from the fortieth parallel to 
 the forty-eighth parallel had received the name New 
 England in 1620 — bounded on the east by Narragan- 
 sett River "commonly called Narragansett Bay where 
 the said River falleth into the Sea; and on the north 
 by the line of the Massachusetts Plantation; and on 
 the south by the Sea and in longitude as the line of the 
 Massachusetts Colony running from east to west that 
 is to say from the said Narragansett Bay on the east 
 to the South Sea" — i.e. the Pacific Ocean — "on the 
 west with the islands thereunto belonging." Had
 
 16 Chronicles of Pennsylvania. 
 
 there been no Europeans above the fortieth parallel, 
 we may admit that, under this description, Connecticut 
 could have sent colonists to and possessed what became 
 Bucks County, Pennsylvania, as well as Manhattan 
 Island, and been ultimately the greatest state in the 
 American Union. We need not stop to examine the 
 claim of Connecticut to the Wyoming region; for it 
 was not brought forward until alter the time at which 
 this history closes. The recipients of the aforesaid 
 charter of 1662 not having evicted the Dutch, King 
 Charles, under date of March 12, 1663-4, executed a 
 patent to his brother, who was his heir presumptive, 
 James, Duke of York, etc., for the land from the west 
 side of the Connecticut River to the east side of Dela- 
 ware Bay. Under date of April 25th, in the sixteenth 
 year of the reign (1664), and with a recital that com- 
 plaints had been received from New England of dif- 
 ferences and disputes as to the bounds of the charters 
 and jurisdictions, a commission was given to Col. 
 Richard Nicolls, Sir Robert Carre, George Cartwright, 
 and Samuel Maverick to visit the colonies and other 
 plantations within the tract known as New England, 
 and hear and determine all complaints and appeals, 
 and to provide for and settle the peace and security 
 of the country according to their discretion and in- 
 structions. The instructions were to reduce the Dutch 
 li anywhere within the limits of our [Charles IPs] 
 dominions to an entire obedience to our government," 
 no man to be disturbed in his possessions who would 
 yield obedience, and live in subjection, with the same 
 privileges as other subjects. 
 
 The Commissioners sailed from England with a con- 
 siderable force, and overawed the Dutch garrison on 
 Manhattan, obtaining a surrender of that region with- 
 out the shedding of blood; and a detachment under 
 Sir Robert Carre was sent to summon the Governor 
 and inhabitants on the Delaware to yield obedience to
 
 National, Advance and Royal Charters. 17 
 
 their "rightful sovereign," who was pleased to have 
 them enjoy their real and personal property and lib- 
 erty of conscience. The Swedes among the people 
 were to receive congratulation on ' ' their happy return 
 under a monarchial government"! Carre was in- 
 structed to declare to Lord Baltimore's son and all 
 Englishmen concerned in Maryland that Carre was 
 only employed to reduce the region to obedience to the 
 King, for whose own behoof Carre was to keep posses- 
 sion: if Lord Baltimore's right under his charter was 
 asserted, Carre was to say that he was keeping the 
 place only until the King was "informed and satisfied 
 otherwise. ' ' Carre went up the Delaware, passing the 
 fort at New Amstel on the last day of September ; and, 
 in the course of three days, gaining the Swedes to his 
 side, he entered into an agreement, which was dated 
 October 1st, with the burgomasters, who declared them- 
 selves acting in behalf also of all the Dutch and Swedes 
 of Delaware Bay and River, that they submitted to the 
 King's authority, and were to be protected in their per- 
 sons and property. The commander of the fort, however, 
 was true to his charge, and refused to surrender; so, 
 on Sunday morning, the detachment under Carre 
 opened fire, and then stormed the fort without loss, 
 killing three of the garrison, and wounding ten. On 
 October 24th, Nicolls was authorized by the Commis- 
 sioners to go to the region thus conquered, and take 
 care of the government, and depute such officers for 
 the same as he should see fit. 
 
 In none of these proceedings do we find the western 
 shore of Delaware River and Bay declared the prop- 
 erty of the Duke. Nicolls, in various patents of 1667 
 and 1668 for lands there, describes himself as Principal 
 Commissioner from the King for New England, Gov- 
 ernor-General under the Duke of York of his territories 
 in America, and Commander-in-Chief of the King's
 
 18 Chronicles of Pennsylvania. 
 
 forces to reduce the " usurped" plantations of the 
 Dutch to his Majesty's obedience. 
 
 By the treaty of Breda, made in 1667, the Dutch left 
 the English in possession of these conquests, included 
 among the places held by the English on the 10th of 
 May of that year. 
 
 In 1668, the English officers at New York, in provid- 
 ing for certain persons to be Councillors at Delaware, 
 ordered them to take an oath to the Duke of York, and 
 established for matters of difficulty an appeal to the 
 Governor and Council at New York. Thus the Governor 
 commissioned by the Duke over his possessions in 
 America took jurisdiction over what had been the 
 southern colony or province of the Dutch, which came 
 to be often called Delaware more than a century before 
 that name was reassumed for the state embracing the 
 greater part of the district. Magistrates looking to 
 New Castle, as New Amstel was called, refused to allow 
 Marylanders to make surveys near the bay or river, 
 and when, in 1672, the Marylanders seized goods at 
 Whorekill, and talked of a stronger expedition to pos- 
 sess the land up to forty degrees north, the commander 
 at New Castle prepared, by order of the New York 
 Governor, to resist what was deemed an invasion. 
 
 In the summer of 1673, the Dutch and English being 
 again at war, the former captured New Netherland, 
 and the people on the Delaware made submission. The 
 treaty signed at Westminster on February 9, 1673-4, 
 restored to each party the possessions taken by the 
 other since the beginning of the war. William Penn 
 spoke of this arrangement as an exchange of Surinam, 
 which the English were actually holding, for the North 
 American conquests of the Dutch. 
 
 Doubts could be raised whether the former grant to 
 the Duke of York by a king not actually in possession 
 had been valid. Apparently to set the question at rest, 
 Charles II issued a new patent under date of June 29,
 
 National Advance and Royal Charters. 19 
 
 1674, to the Duke of York, again using the description 
 running only to the east side of Delaware River and 
 Bay. As the Duke, down to his accession to the Eng- 
 lish throne as James II, received no express grant of 
 the region west of that river and bay, some color of 
 title thereto was sought in the words added, as usual, 
 in the patent: "together with all the lands, islands, 
 soils, . . . with their and every one of their appur- 
 tenances." It would seem, on the contrary, that the 
 patent was prepared with care not to conflict with the 
 old grant to Lord Baltimore. However, the officers of 
 the Duke of York assumed authority over the western 
 shore of the Delaware in November, 1674, upon the 
 transfer of New Netherland to the English under the 
 treaty ; and not only was this command preserved until 
 1681, but rents were reserved to the Duke and his heirs. 
 While the Lords Baltimore were losing land on the 
 Delaware, there was a different state of affairs a few 
 miles west of it, neither the Dutch nor the Swedes 
 dwelling far from that water. Before the English con- 
 quest of New Netherland, those deriving title under 
 the patent of 1632 had peopled the eastern shore of 
 the Chesapeake, and supplanted Clayborne's Virginia 
 colony on Palmer's Island, and perhaps elsewhere at 
 the mouth of the Susquehanna, and the government 
 of Maryland, by assisting the Indians in war, had ex- 
 tended the sphere of influence, if not the actual planta- 
 tion, of its Proprietary, as far north as the limit men- 
 tioned in the patent. In 1661, troops of the Province, 
 in accordance with a treaty of alliance with the Susque- 
 hannocks, went to Susquehanna Fort to help to defend 
 it, and, although the English garrison stipulated for was 
 not maintained, the Marylanders for a number of years, 
 as appears in the records, had communication with that 
 tribe's stronghold, which the contemporary Jesuit rela- 
 tions and some data collected by Eshleman indicate to 
 have been at one time above the Great Falls of the
 
 20 Chronicles of Pennsylvania. 
 
 river. Marylanders must have been familiar with the 
 fort's location. Augustine Herman (name variously 
 spelt), a native of Bohemia, who had decided to remove 
 from New Amsterdam to Maryland, made a contract 
 with the second Lord Baltimore in 1661 or 1662 to pre- 
 pare a map of his province in consideration of a large 
 grant of land. The work took long, and was very ex- 
 pensive, and, when finished, gave what was claimed to 
 be a delineation of Maryland as inhabited in the year 
 1670. The map was published in London in 1673. It 
 marked the boundary line as running through a large 
 circular enclosure called "The present Sasquahana 
 Indian fort" on the west side of the Susquehanna, at 
 or south of "Canoage," and just below "the greatest 
 fall," or, in other words, what is known as the Cone- 
 wago Falls, at the mouth of the Conewago Creek, which 
 also is depicted on the map. The location is actually 
 about five miles north of the fortieth parallel, a re- 
 markable approximation, but no parallels are shown. 
 In carrying the line, intended to run due east and west, 
 as far as the Delaware, in accordance with Baltimore's 
 claims, it is inaccurately made to strike that river 
 above where Bristol now is. The most accessible re- 
 print of the map is in Clayton Colman Hall's book, The 
 Lords Baltimore and the Maryland Palatinate. Many 
 years afterwards, persons serving the interests of the 
 Penns endeavored to discredit Herman's map as hav- 
 ing been prepared and paid for in the prosecution of 
 Lord Baltimore's claims against the Dutch and the 
 Duke of York; and, in the lawsuit of the Penns against 
 the fifth Lord, there was an attempt to prove that the 
 only fort ever reached by the Marylanders was at the 
 mouth of the Octorara, but testimony to that effect 
 was duly contradicted by witnesses brought by the de- 
 fendant. The impression received from Indians about 
 1700 that no white man had gone north of the mouth of 
 the Octorara before 1682 is, at most, only additional
 
 National Advance and Eoyal Charters. 21 
 
 evidence that, prior to 1632, there were no Christian 
 colonists dwelling in the valley of the Susquehanna 
 between the fortieth parallel and Clayborne's settle- 
 ment, except possibly an isolated trader, and that down 
 to 1680 there were none claiming possession adverse to 
 the Baltimore grant. 
 
 There were various actions of William Penn, even 
 connected with the boundaries, which may be con- 
 demned, but we must not think him guilty, when he 
 applied for land, of seeking to have other people's 
 property taken from them. He had then no intention 
 of encroaching upon the rights of the Calverts. No- 
 body knew where the fortieth degree lay, but it was 
 supposed that the parallel completing it, and marking 
 the furthest extent northward of the claims of that 
 family, was south, rather than north, of where modern 
 observations have located it. As presented before the 
 eyes of every inquiring Englishman, there was up the 
 Susquehanna and on the western side of the Delaware 
 a large region practically uncultivated, and to which 
 neither Lord Baltimore's patent nor the Duke of York's 
 patent did extend. If the great depth westward which 
 the charter of Connecticut called for had ever been 
 taken seriously, it was probably thought to have been 
 legally curtailed, so that it could not embrace any part 
 of this region. 
 
 The founder of Pennsylvania (see Howard M. 
 Jenkins's Family of William Penn) was the son of an 
 English admiral of the same name, who, after serving 
 under the Commonwealth, favored the restoration of 
 Charles II, and was knighted, and was the commander- 
 in-chief under, and chief adviser of, the aforesaid Duke 
 of York, when, in 1665, the Duke had the glory of signally 
 defeating the Dutch; so that the Admiral and his son, 
 both before and after the latter became a Quaker, were 
 in close contact with the royal brothers. Charles II, 
 after the useful Admiral died, felt regard for the self-
 
 22 Chronicles of Pennsylvania. 
 
 denying son, very possibly from a similar appreciation 
 of virtue to what that King evinced in insisting upon giv- 
 ing a bishopric to the prebendary, Thomas Ken, "the 
 little black fellow that refused his lodging to poor 
 Nelly," Ken having declined to let the King's mistress 
 occupy the prebendal house at Winchester on the occa- 
 sion of a royal visit. Admiral Penn was the son of a 
 captain in the navy, who was at one time consul for 
 the Mediterranean trade, and the Admiral's monument, 
 set up by his widow, declared the family to be a branch 
 of the Penns of Penn in Buckinghamshire. The mother 
 of the Founder is called in Pepys's Diary a "Dutch- 
 woman;" and, in Granville Penn's Life of Sir William 
 Penn, her father, John Jasper, is described as a mer- 
 chant of Rotterdam. This is doubtless correct as to a 
 part of his life, and as to his origin. W. Hepworth 
 Dixon, in A History of William Penn Founder of 
 Pennsylvania, romantically narrates the courtship of 
 the Bristol boy, afterwards Admiral, with the "rosy 
 Margaret, ' ' who waited for him until after he received 
 a commission, and he "ran over to Rotterdam, and 
 claimed his bride;" but Dixon would have curbed his 
 imagination if he had seen certain records, which, 
 moreover, Jenkins does not notice. Margaret was a 
 widow, and had been married to the former husband 
 in or before 1631, the year of the date of his will, and, 
 while we do not know about her rosy cheeks, we learn, 
 from compensation paid her after her second marriage, 
 that she had property. A certificate dated August 28, 
 1643, in the Dutch Reformed Church, Austin Friars, 
 London, from Rev. Andrew Chaplin, who before the 
 Irish Rebellion was minister of the congregation of 
 Six Mile Bridge, County Clare, Ire] and, tells that John 
 Jasper of Ballycase, County Clare, lived there with 
 Marie his wife, and that Margaret, daughter of John 
 Jasper of Ballycase, was lawfully married according 
 to the rites of the Church of England unto Nicasias
 
 National Advance and Royal Charters. 23 
 
 Vanderscure, some time of the parish of Kilrush in 
 said County, and that said Nicasias and Margaret lived 
 in parish of Killconrie before the Irish Rebellion. On 
 June 6, 1643, Capt. William Penn and Margaret Van 
 der Schuren, widow, were married at St. Martin's, 
 Ludgate. Her former marriage does not appear to 
 have been known to Jenkins when he wrote the gene- 
 alogy. The Admiral set up a claim for money advanced 
 to the Crown, and this, at his death, September 16, 1670, 
 came to his executor, the Founder, who had been moved 
 by Quaker preaching at various times, and, after en- 
 gaging in various careers having no connection with 
 Quakerism, had joined the Society of Friends about 
 1668, in the course of, or between, two sojourns in 
 Ireland. A story published anonymously in London in 
 1682 of his immorality just before becoming a Quaker 
 was heard by William Byrd in a twisted version, and 
 appears in Byrd's History of the Dividing Line [be- 
 tween Virginia and North Carolina] rather as an ex- 
 planation of Penn's receiving a royal grant. As such 
 it is utterly silly, particularly when, as in Byrd's ver- 
 sion, the mistress of the Duke of Monmouth is made 
 to figure as the woman in the case, which certainly 
 would never have endeared Penn to Monmouth or King 
 Charles II (Monmouth's father) or the Duke of York. 
 A daughter is given to Penn, of whom Byrd says that 
 she "had beauty enough to raise her to be a duchess, 
 and continued to be a toast full thirty years." This 
 was Monmouth's recognized daughter, Henrietta 
 Crofts, who married Charles, Duke of Bolton, in 1697, 
 and died on February 27, 1729-30. Quakers, with more 
 logic, have viewed Penn's success in obtaining royal 
 favor as a miracle. 
 
 With the money claim against the Crown, and the 
 general friendliness of the Duke of York, William 
 Penn saw the opportunity to obtain what was deemed 
 Crown land, but was occupied by the Duke rather as
 
 24 Chronicles of Pennsylvania. 
 
 the Crown's agent, but really because he was heir pre- 
 sumptive. Penn therefore petitioned the King* for a 
 grant of the land north of Maryland, bounded on the 
 east by the Delaware River, and extending westward 
 as far as Maryland extended, and northward as far 
 as plantable. It is probable that Charles II, who had 
 once released 500 Quakers from imprisonment, and 
 was at heart a Roman Catholic, had been made aware 
 of and sympathized with the object of securing a land 
 for religious toleration. When the petition had been 
 referred to the Committee of the Privy Council for 
 Trade and Plantations, Penn appeared before those 
 Lords. He says in a letter of August 14, 1683, that on 
 that occasion, he standing at the chair of the Lord 
 President, some said that Lord Baltimore had but two 
 degrees, whereupon the Lord President (who was John 
 Robartes, Earl of Radnor) turned his head to Penn, 
 and said "Mr. Penn, will not three degrees serve your 
 turn?" and Penn replied "I submit both the what and 
 the how to this honourable Board." The minutes say 
 that he declared that he would be satisfied with three 
 degrees, and would, in consideration, release the debt 
 or part of it, and wait for the balance until the King 
 could better pay it. 
 
 Cecil Calvert, second Lord Baltimore, had died and 
 been succeeded by his son Charles, who had gone to 
 Maryland before Penn made his application. The 
 Duke of York was also away from England. Copies 
 of Penn's petition were sent to the agents of Lord Bal- 
 timore, and to Sir John Werden, representing the 
 Duke of York. Baltimore's agents, in answer, claimed 
 the Susquehanna Fort — undoubtedly the one marked 
 on the map printed seven years before — as the boun- 
 dary of Maryland, and asked that Penn and his people 
 be prohibited from furnishing the Indians with arms 
 and ammunition. There had been war with the Sus- 
 quehannocks since the printing of the map. The agents
 
 National. Advance and Royal Charters. 25 
 
 asked that the boundary line run east from the Fort 
 to the Delaware River, and west from the Fort. The 
 Duke 's agent, Werden, in his turn, stated that the land 
 applied for had been held as an appendix and part of 
 the government of New York, and, although it should 
 not prove to be strictly within the bounds of the Duke 
 of York's patent, his right was preferable to all others. 
 Penn was told to arrange this matter with the Duke, 
 and, as to Maryland, Penn agreed that Susquehanna 
 Fort should be its boundary, and that he be subjected 
 to restrictions as to furnishing arms or ammunition 
 to Indians. It may surprise us that the latter stipula- 
 tion does not appear in the charter granted to Penn, 
 but the disregarding of Susquehanna Fort in framing 
 the description inserted was perfectly fair. Maryland 
 extended along the Susquehanna River or Chesapeake 
 Bay to the fortieth parallel, and would go beyond the 
 Fort, if that was south of the parallel ; so, if any occu- 
 pation of the site of the Fort was an encroachment upon 
 what the King was free to grant, Penn could ask 
 abandonment. Penn obtained the consent of the Duke 
 to a grant north of the actual colony of which New 
 Castle was the chief town, such grant extending north- 
 ward and westward as far as the King should please, 
 "beginning about the latitude of forty degrees." If 
 Penn's land therefore ran north from 40°, he would 
 be clear of any claim by either Lord Baltimore or the 
 Duke, and need not care who had the right on the south. 
 A month later, having seen a description drafted by 
 Penn, Werden wrote that it was the Duke's intention 
 that the southern limits should be twenty or thirty 
 miles above New Castle, which distance, Werden said, 
 "we guess may reach as far as the beginning of the 
 fortieth degree." The last words "beginning of the 
 fortieth degree," may have been merely an awkward 
 rendering of the Duke's words, and intended for "as 
 far as the beginning spoken of by the Duke; namely,
 
 26 Chronicles of Pennsylvania. 
 
 forty degrees." Werden may have been one of those 
 who called the space north of the fortieth parallel ' ' the 
 fortieth degree," having in mind that at such parallel 
 the latitude begins to be forty degrees and so many 
 minutes. In fact, although this is not found to have 
 been contended, the ' ' beginning of the fortieth degree ' ' 
 could mean the part of it first reached in a description 
 reading downwards. Those who say that Werden 
 meant the thirty-ninth parallel, that is the end or com- 
 pletion reading northwards of thirty-nine of the ninety 
 spaces from the equator to the north pole, must see 
 that in such case Werden, in explaining the Duke's in- 
 tention, would be contradicting what the Duke had said ; 
 moreover, it being pretty accurately known how near 
 Cape May was to the thirty-ninth parallel, and that 
 it was a long distance from Cape May to New Castle, 
 Werden could not have been looking for that parallel 
 twenty or thirty miles above New Castle. As twenty- 
 three miles due north of the old centre of that town 
 would actually carry any location clearly above the 
 fortieth parallel, we must conclude that he had the 
 latter in mind, with remarkably accurate data concern- 
 ing it, in saying twenty or thirty miles above New 
 Castle. 
 
 Other people's opinion was more agreeable to Penn, 
 who became dissatisfied with the amount of river 
 frontage proposed for him, that is below the unnavi- 
 gable rapids at Trenton. He was willing to leave 
 twelve miles between his land and New Castle, and he 
 expressed the opinion, so Werden wrote to the secre- 
 tary of the Committee, that twelve miles "would fall 
 under" — an expression similar to " subjacet" in the 
 Baltimore patent — "the beginning of the fortieth de- 
 gree." Certainly, it was not being urged in favor of 
 a new starting-point that it would be south of the 
 fortieth parallel, and so conflict with the boundaries of 
 Maryland. Penn was meaning the same scientific line
 
 National, Advance and Royal Charters. 27 
 
 as Werden: and, after the expression "the beginning 
 of" was finally put into the charter, it was for years 
 deemed by everybody either as equivalent to "the ex- 
 tremity of" or as surplusage. Markham at Upland in 
 1682 had no other view; for, while the northern boun- 
 dary of Pennsylvania was similarly fixed at "the be- 
 ginning of the three and fortieth degree," he, accord- 
 ing to his account, told those present that Penn's grant 
 ran to latitude 43d 00'. There is no reason to doubt 
 that before Werden 's last mentioned letter to the sec- 
 retary, Penn had been told that New Castle was much 
 nearer the fortieth parallel than it is: in fact Lord 
 Baltimore's commissioners eighteen months later made 
 it out to be about ten minutes of latitude nearer. After 
 much pertinacity, Penn seems to have convinced every- 
 body. Lord Chief Justice North wrote a description, 
 making, as appears from the certified copy used in the 
 case of Penn v. Lord Baltimore, the southern boun- 
 dary the straight line which he followed Werden by 
 calling "the beginning of the fortieth degree," but 
 excepting all lands in the possession of the Duke 
 within twelve miles of New Castle. This exception 
 was afterwards crossed out, and into the description 
 was interlineated the fixing of the starting-point at the 
 distance of twelve miles northward of New Castle, and 
 also there was an alteration of the southern boundary 
 to a circle drawn at twelve miles distance from that 
 town north and westward "unto the beginning of the 
 fortieth degree and thereon by a straight line west- 
 wards to the limit of longitude." Hazard's Annals of 
 Pennsylvania has combined both the original and al- 
 teration as the Chief Justice's description. The inter- 
 lineations and alterations appear to have been the work 
 of Werden. On January 15, 1680-1, the boundaries with 
 the alterations of Werden were read and approved by 
 the Committee. It will be seen that, as the Delaware 
 runs, the frontage thus withdrawn from the operation
 
 28 Chronicles of Pennsylvania. 
 
 of Lord Baltimore's charter, i.e. lying between the end 
 of twelve miles from New Castle and the fortieth paral- 
 lel, was about twenty-six miles, but the agents of his 
 Lordship, and in fact the other people in England, had 
 no such knowledge of the course of the river and the 
 location of the parallel as to appreciate this. If the 
 twelve-mile circle would indeed strike the parallel, his 
 Lordship would be losing at most a trifle of frontage 
 not worth considering. The officials, on the other 
 hand, were convinced that the frontage south, as well 
 as north, of the parallel was not Lord Baltimore's, but 
 the King's, to give to whom he pleased, or the Duke's, 
 yielded by his consenting to the gift. As to the land 
 west of the semicircle, or arc, of twelve mile radius, 
 nothing within Lord Baltimore's lines was supposed 
 to be taken from him, for that semicircle, or arc, would, 
 it was said, reach the fortieth parallel, which would 
 from the point of intersection be the southern boundary 
 of the new province. 
 
 While the treatment of the words "the beginning 
 of" as surplusage would have made Penn's southern 
 boundary, for nearly all the length, recede from the 
 state's present line, the northern boundary would have 
 been recognized as running along the forty-third par- 
 allel through the present territory of New York from 
 the point north of the source of the Delaware to the 
 Niagara Eiver, and the sites of St. Johnsville, Rich- 
 field, Waterville, Cazenovia, Auburn, Geneva, and 
 Buffalo would have been in Pennsylvania with three 
 times the frontage on Lake Erie which our Common- 
 wealth afterwards bought. With the question of the 
 northern boundary, this history is not concerned. 
 
 As finally issued, the patent to William Penn called 
 for the tract bounded on the east by the Delaware 
 River "from twelve miles distance northward of New 
 Castle towne unto the three and fortieth degree of 
 northern latitude," if the river should extend so far
 
 National Advance and Royal Charters. 29 
 
 northward, but if not, then by the river to its source, 
 and thence by a meridian line ' ' unto the said three and 
 fortieth degree," "the said land to extend westwards 
 five degrees in longitude to be computed from the said 
 easterne bounds, ' ' and "to be bounded on the north by 
 the beginning of the three and fortieth degree of north- 
 ern latitude and on the south by a circle drawn at 
 twelve miles distance from New Castle northwards and 
 westwards, unto the beginning of the fortieth degree 
 of northerne latitude and then by a- straight line west- 
 wards to the limitt of longitude above mentioned." 
 
 The description of the arc of the circle at the south- 
 eastern corner, viz: "a circle drawn at twelve miles 
 distance from New Castle," plainly means, as Lord 
 Hardwicke afterwards said, and as Penn intended, the 
 arc of a circle having a radius of twelve miles with the 
 heart of the little village of New Castle as a centre. 
 Therefore, we see by our modern maps, as Baltimore 
 and Markham saw by astronomical observations, that 
 the boundary lines do not close together. King 
 Charles, contrary to "he never says a foolish thing," 
 had officially uttered nonsense. 
 
 The date of the charter, or, more properly, letters 
 patent, was the fourth of March in the thirty-third year 
 of the reign (1680), a day which in Scotland was called 
 March 14, 1681.
 
 CHAPTER II. 
 
 The Ascertainment of the Southern Boundary. 
 
 The third Lord Baltimore and Markham — The 
 Duke confirms Pennsylvania, and grants Delaware 
 to Penn — Further proceedings of the two Propri- 
 etaries — Decision of Privy Council — Advantages 
 of the Penns in the subsequent struggle — Settle- 
 ment of Nottingham — Maryland takes the offen- 
 sive — Agreement of 1732, and failure to carry it 
 out — Temporary line run — Case of Penn et al. v. 
 Lord Baltimore and final determination. 
 
 In the uncertaincy of astronomical observations for 
 latitude and longitude, it was necessary that the rela- 
 tion of localities to the equator and the central meridian 
 should be settled upon by agreement. For approxi- 
 mations within a few miles, the statement of maps 
 might be accepted, but when, as upon the Delaware 
 River, there was the question of the ownership of a 
 headland or of the mouth of a creek, nothing would be 
 authoritative but an instrument of the latest improve- 
 ment together with the latest book of calculations, and 
 it was always conceivable that something less clumsy 
 than the method of the time might in future be devised, 
 and show that the determination had been incorrect by 
 quite a distance. It would result, that, unless there 
 was to be an intolerable shifting of boundaries, a line 
 should be arbitrarily fixed by the parties interested, 
 which neither side should be allowed to gainsay. A 
 letter was issued by the King less than a month after 
 the patent to William Penn, and dated April 2 in the
 
 Ascertainment of the Southern Boundary. 31 
 
 33rd year of the reign (1681), recommending Penn to 
 Lord Baltimore's good neighbourliness, and recom- 
 mending as conducive to good neighbourhood that Bal- 
 timore appoint persons to make in conjunction with 
 Penn's agent a division according to the degree of 
 north latitude by finding landmarks. Lord Baltimore 
 was then residing in Maryland. 
 
 He was Charles Calvert, the third Baron. Ready to 
 extend courtesy, he invited to his house Penn's deputy, 
 Markham, who remained there ill for three weeks : and 
 likewise this Roman Catholic nobleman later attended 
 Penn to Friends ' Meetings in Maryland, and sent mili- 
 tary escort to wait for him. The Baron, with all his 
 politeness, was neither easy-going nor weak, but care- 
 ful of his rights, positive, spirited, expecting and re- 
 ceiving deference, not only in Maryland, but in neigh- 
 bouring provinces also, as almost the only person of 
 his rank then sojourning in America. He was not 
 politic, not one to take into account that the Quaker 
 with whom he had to deal possessed the favor of the 
 King and the Duke of York, while he himself, although 
 a Roman Catholic, had no influence with either. 
 
 By appointment of Lord Baltimore, made after Mark- 
 ham's visit to him, he and Markham were to meet at 
 Augustine Herman's on Bohemia River on June 10, 
 1682. Baltimore sent commissioners, and, Markham not 
 appearing, they took observations during the next seven 
 days, making Herman 's house ' ' to lye in the latitude of 
 39 d. & 45 m." This meant that Lord Baltimore's 
 charter called for an extent northward seventeen and 
 a half miles further, or, as his commissioners reported, 
 at least fifteen miles. As a matter of fact, the observa- 
 tion was more favorable to Penn than present calcu- 
 lations, which place the 40th parallel more than thirty- 
 five miles north of the site of Herman's house. The 
 mouth of the Octorara Creek hereafter mentioned is 
 only about eleven miles more northerly than Herman's
 
 32 Chronicles of Pennsylvania. 
 
 house. The commissioners went from that house to 
 New Castle, about twenty miles to the northeast, and, 
 there, on June 27, made an observation with a sextile, 
 of six or seven feet radius, sent by Markham from 
 New York, and belonging to Col. Lewis Morris. Lord 
 Baltimore's Narrative (Penna. Mag. Hist., Vol. VI, p. 
 412 &ct.) says that the latitude of the town was thus 
 found to be "thirty-nine degrees forty odd minutes." 
 This may mean forty minutes and a few seconds. The 
 errors possible in observations will be seen when we 
 read Lord Baltimore's statement that on Sep. 24, 1682, 
 his people and Richard Noble, a Quaker, by the same 
 sextile found Upland (now Chester), which is about 
 twelve miles more northerly than New Castle, to be 
 39° 47' 5" N. Markham, who did not take part, quoted, 
 in his Answer to the Narrative, Haig's notes that he 
 was told 39° 45'. The observation, whether the minutes 
 were 45 or 47, showed that a circle around New Castle 
 of twelve miles radius would not come within fourteen 
 miles at the very least of touching the 40th parallel. 
 Nor would there have been much closer approach to it, 
 if the twelve miles distance northward from New Castle 
 of the starting-point on the river had been measured 
 on a longitudinal line, and the circle had been drawn 
 with a radius of the distance of that point from the 
 town ; a meaning which was not intended by either Penn 
 or whoever, King or official, read the charter before it 
 passed, but which might have been claimed, had the 
 Duke held on to the land around New Castle. As to 
 the thirty-ninth parallel, which in later years was 
 claimed to be meant by "the beginning of the fortieth 
 c ] e g ree? " the circle, even if carried around to the south 
 would not have come within seventeen miles of that 
 parallel under the most favourable elements for the 
 calculation. In the course of a conference between Bal- 
 timore, Markham. and their attendants on the day 
 after the observation,. nobody suggested that "the be-
 
 Ascertainment of the Southern Boundary. 33 
 
 ginning of the fortieth degree" was anything else than 
 the fortieth parallel. The Maryland surveyor laugh- 
 ingly remarked: "His Majesty must have long com- 
 passes": the naval veteran, Markham, replied that he 
 trusted the gentlemen would "not limit his Majesty's 
 compasses. ' ' Well would it have been for the Calverts, 
 if the King's compasses had been considered as mark- 
 ing the correct distance of the parallel north of New 
 Castle, and the Delaware frontage had been let go ! 
 
 Markham, on this occasion, suggested an interpreta- 
 tion of Penn's charter which made the lines of the 
 figure meet, and which was decidedly favorable to 
 Lord Baltimore, as it gave him in the interior the land 
 up to the astronomically fixed fortieth parallel, the 
 interpretation being that the circle passing through a 
 point on the river twelve miles north of New Castle 
 was not to be described around New Castle, but have 
 as its centre the fortieth degree, probably meaning the 
 point in the fortieth parallel due north of the point on 
 the river. Thus on a map with the north at the top, 
 the starting-point of Pennsylvania on the river would 
 be the bottom of a circle, instead of rather below the 
 top of one; and the shape of the Province would be 
 pretty much a trapezoid with a bump on its south- 
 eastern corner, instead of a trapezoid with a piece 
 bitten out. This solution, which was not agreed to, 
 was certainly not Penn's or the Duke's interpretation, 
 as will be seen from the Duke's deeds of Aug. 24, 1682, 
 unknown to Americans in September, but had Balti- 
 more agreed, the question would have been settled at 
 once, to the saving of trouble, expense, and bloodshed ; 
 for Markham was fully empowered to act for Penn, 
 and the latter would not have been allowed to repudiate 
 the settlement. Markham declined to proceed up the 
 river until the instrument should show 40°, to put the 
 boundary there, but promised to join in ascertaining 
 that latitude at the heads of any rivers "respecting"
 
 34 Chronicles of Pennsylvania. 
 
 (i.e. falling into) Chesapeake Bay, apparently to run 
 the division for that basin. Baltimore and he parted, he 
 refusing to surrender anything on the Delaware north 
 of twelve miles above New Castle. Baltimore went to 
 Marcus Hook, or Chichester, and warned the people 
 not to pay quit rents to Penn, and announced the in- 
 tention of returning and taking possession. This so 
 disturbed the people there that Markham, who had 
 packed up to go to the Chesapeake, thought it better 
 not to leave, and so wrote to Lord Baltimore (letter 
 without date printed in Penna. Archives, 1st Series, 
 Vol. I, p. 39), who was waiting for him at New Castle 
 on the 26th. It appears that, after receiving this letter, 
 Lord Baltimore, perhaps at New Castle, or carrying 
 the instrument to the Elk River, took another observa- 
 tion, for subsequently he mentions one taken on the 
 27th. About a month later, Markham 's powers ceased, 
 Penn arriving at some point twelve miles above New 
 Castle, and therefore within the jurisdiction, probably 
 on October 28, if he did not, before stopping at New 
 Castle, pass on to Upland on the 24, the date which he 
 gives for his arrival, but which is supposed to refer to 
 his coming within the capes — but Penn was not very 
 accurate about dates. 
 
 Markham had declared that he was accountable only 
 to the King and the Duke of York, not knowing that 
 the Duke's rights had been already transferred by him 
 to Penn. In those days, it took nearly two months 
 for a letter to go from England to Pennsylvania, unless 
 the ship carrying it came directly to New York or the 
 Delaware, and the opportunities for transmission, with 
 or without much time being taken after the end of the 
 ocean voyage, were not frequent. 
 
 By deed dated Aug. 21, 1682, the Duke relinquished 
 to Penn and his heirs and assigns all estate, right, title, 
 interest, rents, services, claims, duties, payments, prop- 
 erty, claim, and demand in the lands, islands, tene-
 
 ASCERTAINMENT OF THE SOUTHERN BOUNDARY. 35 
 
 ments, hereditaments, and other things comprised in 
 King Charles II 's patent to Penn ''within the bounds 
 and limits therein mentioned." 
 
 The Duke, furthermore, by two deeds dated Au- 
 gust 24, 1682, conveyed to Penn and his heirs arid 
 assigns the territory measured by a twelve miles radius 
 around New Castle on the western side of the Dela- 
 ware and the territory to the south of that circle not 
 occupied by Maryland. Thus did William Penn ac- 
 quire what is now the state of Delaware, which was 
 spoken of from that time until the American Revolu- 
 tion as "the Territories," "the Counties thereunto [to 
 Pennsylvania] annexed," "the Country of New Castle 
 and tracts depending thereon," or "the Counties of 
 New Castle, Kent, and Sussex on Delaware," or, more 
 commonly, as they were popularly called, "the Lower 
 Counties." One difference there was between the 
 patent for Pennsylvania and the two deeds for the 
 Lower Counties : by the former, Penn and his heirs and 
 assigns were to hold the land directly of the King; by 
 the latter, they were to hold of the Duke of York as 
 intermediate, or mesne, lord, who was to receive an 
 annual rent of five shillings for the land around New 
 Castle, and of a red rose and half the year's profits for 
 the land south. 
 
 Penn says that he gave up extent to Lake Ontario, 
 being thought to be getting a front on the Chesa- 
 peake. In the summer of 1682, he appears to have 
 learned either from reports from Pennsylvania, or 
 from a dependable statement of the latitude of Wat- 
 kin's Point and the length of the Bay, that the latter 
 did not extend as far north as 40° ; so that if he was 
 confined to what was north of the fortieth parallel, he 
 was shut off from the Bay. He therefore sought the 
 aid of the friendly King. The view was not unreason- 
 able that, as astronomers could not come to an exact 
 conclusion, the King could fix what should be taken as
 
 36 Chronicles of Pennsylvania. 
 
 the parallel. Without some such control, Lord Balti- 
 more seemed determined to run no line that would be 
 a compromise. By adhering to the letter of his charter, 
 he would, however, get more land than had been in- 
 tended to be given to his father. In 1632, when two 
 full degrees were calculated to amount to only one 
 hundred and twenty miles, and Watkin's Point was 
 deemed to be above north latitude 38°, the second Lord 
 was supposed to be getting less than two full degrees, 
 possibly one hundred and fifteen miles at most, yet by 
 a degree being found to be seventy, instead of sixty, 
 miles, and "Watkin's Point being some miles below 
 North latitude 38°, possession by his successor to the 
 fortieth parallel would make an estate of no less than 
 one hundred and fifty miles and perhaps more. The 
 question whether the Calvert family could thus gain 
 so much beyond the original idea, had been talked 
 about in the Committee for Trade and Plantations 
 when Perm's application for a grant was under con- 
 sideration. Since then it was appearing that such gain 
 by the Calverts would block Penn's colony from any 
 front on Chesapeake Bay, which the promoter thought 
 a necessity. To public officials, even without any de- 
 sire to favor Penn, it was not hard in the circumstances, 
 to take a view that would facilitate the planting of a 
 new colony, and thereby the further development of 
 England's American territory. Penn obtained in 
 August, 1682, and took across the ocean, another royal 
 letter to Lord Baltimore. This recommended him to 
 fix his northern bounds by measuring at sixty miles 
 a degree two degrees from Watkin's Point as settled 
 upon by the Commissioners from Virginia and Mary- 
 land. 
 
 This royal letter did not mean, any more than the 
 preceding one, to allow the Calverts any of what had 
 been the Dutch possessions: but the third Lord Balti- 
 more felt strongly that the land on Delaware Bay and
 
 Ascertainment of the Southern Boundary. 37 
 
 River to 40' north was rightfully his, and, while, in 
 the reports in the Maryland Archives of his conferences 
 with Penn, it appears as if Baltimore was contending 
 as a preliminary for his extent on the Chesapeake and 
 Susquehanna, yet ever and anon he and his heirs, until 
 the final settlement, were recurring to this hopeless 
 claim to the country of New Castle &ct. 
 
 When Baltimore and Penn first met after the latter 's 
 arrival, the former, according to his Narrative, was 
 inclined to think reasonable, although he asked time to 
 consider, Penn's request for an opening on the Chesa- 
 peake. When, however, in formal conference, in pres- 
 ence of attendants, Penn produced the royal missive, 
 Baltimore, no doubt angered, did not flinch from in- 
 sisting upon his right up to the 40th parallel, wherever 
 it might actually be. Penn tried to induce him to be 
 satisfied with two degrees measured at seventy miles 
 each, or with two and a half measured at sixty. Bal- 
 timore mentions, but Penn does not, Penn's request, 
 that, if Maryland must extend to the 40th parallel, that 
 parallel be ascertained by accepting as true the latitude, 
 viz: 37° 5', so long attributed to Cape Charles, but then 
 thought far from correct, and by measuring from Cape 
 Charles, perhaps at seventy miles a degree. Baltimore 
 objected to any other basis than the surest contem- 
 porary astronomical observation. On Feb. 28, 1682-3, 
 three persons employed by Lord Baltimore took an 
 observation on Palmer's Island with a sextant of about 
 ten feet radius, and found the latitude 39° 44'. This 
 was disclosed to Penn by Lord Baltimore at New Castle, 
 when, on May 29 and 30, they had further conference. 
 Lord Baltimore retired from that conference announc- 
 ing that he would himself make further observations 
 for the boundary. Penn sent after him in writing an 
 offer, which he had made verbally, to join in the obser- 
 vations, if Baltimore would fix a "gentleman's price" 
 per mile, at which Penn could buy the land found to
 
 38 Chronicles of Pennsylvania. 
 
 belong to Baltimore north of the head of Chesapeake 
 Bay. Had Baltimore brought himself to bargaining, 
 he could have secured good terms from Perm, to whom 
 some frontage on the Chesapeake and quiet possession 
 east of the Susquehanna and along the Delaware were 
 worth everything west of the Susquehanna. Baltimore 
 did offer soon afterwards a Chesapeake frontage in ex- 
 change for all the Lower Counties, but this naturally 
 was refused by Penn. 
 
 No further meeting between the two Proprietaries 
 was held, and, in a letter of Aug. 14, 1683, to the Lords 
 of the Committee for Trade and Plantations, Penn says 
 that, instead of notice being sent of a day, expected to 
 be in September, when Lord Baltimore would go to the 
 head of the Bay, an observation had been taken, a line 
 run, and trees marked without notice to Penn, and a 
 demand had been made. This does not mean that the 
 demand followed the actual marking of the line north 
 or east of the ground demanded, and indeed the de- 
 mand may have been that made by proclamation issued 
 about the time of the conference, as to which his Lord- 
 ship had prevaricated; first, on complaint made, deny- 
 ing the issuing of the proclamation, and afterwards, 
 on its being proved, explaining that proclamation as 
 but a matter of form to keep alive his claim. We learn 
 from a proclamation made in 1722 by the Lieutenant- 
 Governor of Maryland that an observation was taken 
 at the mouth of Octorara Creek on Sep. 15, 1683, the 
 latitude of that place being found to be 39° 41' 19", 
 from which fact denial was made of the third Lord hav- 
 ing ever caused an east line from that place to be run 
 as the northern boundary. That Lord Baltimore was 
 in that vicinity about that time, is clear from a note 
 with his initials in the margin of the record in the 
 Maryland Archives of the commission about to be 
 mentioned, "given to my cousin Talbot when I was 
 last up the Bay/' Whether Baltimore then started a
 
 Ascertainment of the Southern Boundary. 39 
 
 line, and blazed trees, as one story goes, is not impor- 
 tant, for he persisted in claiming to the parallel, which 
 he knew must lie further north than the mouth of the 
 Schuylkill River. He commissioned George Talbot, 
 under date of Sep. 17, 1683, to go to the Schuylkill at 
 the Delaware River, and demand possession of the land 
 along said river [i.e. Delaware] lying south of the 40th 
 degree, adding the words: "according to an east line 
 run out from two observations one taken 10 June 1682, 
 the other 27 7ber, 1682, in obedience to his Majesty's 
 commands expressed in letter of 2 April, 1681." It 
 may be concluded that if the second of these observa- 
 tions mentioned contradicted the first, Lord Baltimore 
 took the mean, and that the mean located the fortieth 
 parallel a little below the southern point of Philadelphia 
 as then laid out, in other words well above the mouth 
 of the Schuylkill, in the not very precise measurements 
 of those years. The reason for relying on those obser- 
 vations was, doubtless, their having been taken after 
 full notice to Markham, and in default of his atten- 
 dance. That the line mentioned had actually been run, 
 is not necessarily meant by the words of the commis- 
 sion or by Talbot's remark that he was authorized to 
 go wherever the line took him, Penn making the point 
 that the commission did not authorize Talbot to cross 
 the Schuylkill. Talbot went to the City of Philadel- 
 phia, or at least east of the Schuylkill, and, on Sep- 
 tember 24, in the absence of William Penn, demanded 
 of Nicholas More, treated as Perm's deputy, all land 
 lying on the west side of the Delaware River and south 
 of 40° north latitude. Penn set forth on Oct. 4 the 
 reasons for not complying with the demand, speaking of 
 the observations and line run accordingly as performed 
 by Lord Baltimore and his agents only, and not by the 
 two parties jointly, as required by the King's letter. 
 There may have been an attempt by Talbot at a line. 
 In January, Baltimore sent Capt. James Murfy to in-
 
 40 Chronicles of Pennsylvania. 
 
 duce the people of the disputed region to accept ten- 
 ancy. In further contention for a line which struck 
 the Delaware far north of Naaman's Creek or the lati- 
 tude of the mouth of the Octorara, Talbot, calling him- 
 self his Lordship's Commissioner for Disposal of 
 Lands in New Ireland and the western side of Delaware 
 River, made proclamation dated Feb. 1, 1683-4, "to all 
 persons dwelling on the western side of Delaware Bay 
 and River between the Creeks of Schuylkill and Whore- 
 kyll," offering all the privileges of Marylanders to 
 those who, under their hands and seals, promised fidel- 
 ity, and offering to those of them who had land by any 
 title a confirmation by patent sent without expense at 
 2s. per 100A, and protection from all arrears to his 
 Lordship or any one else. 
 
 It appears to have been after this that Talbot ran 
 or completed the line known as the Octorara line, or 
 Talbot's line, extending from the mouth of the Octorara 
 to the Delaware at about the mouth of Naaman's Creek. 
 Samuel Hollingsworth, who was a boy nine years old, 
 when, in 1682, he was brought to Pennsylvania by his 
 father, Valentine Hollingsworth, and also John Mus- 
 grave, whom Valentine at the same time brought as 
 a servant thirteen years old, made affidavit on June 4, 
 1735, that after they had lived about a year at Valen- 
 tine's land on Shell-pot Creek about three miles north- 
 east of the present Wilmington (land surveyed Dec. 
 27, 1683, under warrant of 12mo. 10, 1682), Talbot and 
 George Oldfield and two or three others came to lodge 
 there one cold evening, saying that they had come from 
 the mouth of the Octorara, and had run a line from 
 thence, and intended to continue it to the Delaware by 
 Lord Baltimore's order as the division line between 
 him and Pennsylvania, and the next day they went off 
 to continue the line to the Delaware, and came back 
 that night, reporting that they had done so; further- 
 more Hollingsworth said that the line was very plain
 
 Ascertainment of the Southern Boundary. 41 
 
 for years, trees being marked high up by men on horse- 
 back. Lord Baltimore, in a commission to Talbot, 
 dated March 19, 1683 [end of year by Old Style], says 
 "we have caused two observations to be taken at two 
 several times and an east and west line accordingly to 
 be run out and marked at great disadvantage to ourself 
 being some miles south of the northern latitude of 
 40°." 
 
 In this later commission, Talbot was required to take 
 as many persons as he should think convenient, and 
 go to the Governor of Pennsylvania, and demand all 
 the land lying on the west side of the Delaware River 
 and Bay and seaboard to the south of the 40th degree, 
 and more particularly that part thereof which lieth to 
 southward of the marked line aforesaid. Talbot took 
 a number of men, and went into New Castle County to 
 within six miles northwest of New Castle town, and 
 at the bridge across the Christiana built a fort on the 
 land of the widow Ogle on the north side of that creek, 
 raising a breastwork of trunks of trees, and palisading 
 it. When the Sheriff and several magistrates of New 
 Castle County demanded Talbot's authority for so 
 doing, Talbot had the guns and muskets of the garrison 
 levelled at them, and read his commission from Lord 
 Baltimore, and refused to evacuate. Talbot wrote a 
 letter to Penn on April 26, 1684, making the demand 
 as specified in the commission of March 19. Penn does 
 not refer to this in his declaration dated 4mo. 4, in 
 which he commanded that no person submit to Talbot 's 
 taking possession, and levying war, as he had done 
 and threatened to do, and that no one seat any lands 
 within Penn's limits without his warrant, and that all 
 magistrates, officers, and inhabitants continue as the 
 Duke had placed them, and seize any person seducing 
 the people of the Province and Territories from their 
 obedience, and especially seize the persons engaged in 
 this invasion. The fort was not maintained very long.
 
 42 Chkonicles of Pennsylvania. 
 
 The line with which Lord Baltimore had offered to 
 be satisfied, giving him the Lower Counties, except the 
 little piece above the latitude of Naaman's Creek, was 
 never accepted by Penn, but the western fraction of 
 the line was made use of by Penn's representatives to 
 confine Maryland to a part of the Susquehanna far 
 below any approximate location of the true boundary. 
 Baltimore's great mistake of physically marking what 
 was tentative created a misunderstanding when the cir- 
 cumstances were forgotten, and gave the opposite party 
 a fact upon which to set up the legal plea of estoppel. 
 
 The fight between the two Proprietaries being trans- 
 ferred to London, Penn left America in 6mo. (August), 
 1684. 
 
 Already measures had been taken to secure for Penn 
 a better documentary title to what is now Delaware. 
 The bill in equity of the Penns against Lord Baltimore 
 states that the Duke of York obtained a patent from 
 the King dated March 22, 1682 (Old Style, and there- 
 fore after the Duke's deeds to Penn), for the town and 
 fort of New Castle and the land within the compass or 
 circle of twelve miles about the said town lying on the 
 Delaware and the islands in the river and also the tract 
 on the river and bay beginning twelve miles south of 
 New Castle and extending to Cape Lopin. The bill also 
 said that the Duke, having obtained this patent for the 
 benefit of William Penn, handed it to the latter, and 
 that it was then (1735) in the complainants' (the 
 Penns' custody. In a list preserved by the Historical 
 Society of Pennsylvania of conveyances affecting the 
 Penns' dominions, this patent seems to be incorrectly 
 noted as a patent to William Penn, but there is noted 
 a surrender dated April 10, 1683, and acknowledged 
 by the Duke of York three days later before William 
 Beversham, a Master in Chancery, whereby the Duke 
 surrendered the said territory to the King. This would
 
 Ascertainment of the Southern Boundary. 43 
 
 have disposed of any right acquired under the alleged 
 patent, subject, it would seem, to Penn's right as vassal, 
 if such patent was valid, but the surrender may be 
 construed as relinquishing mere possession. It was to 
 clear the way for a valid patent, as to which the bill in 
 equity mentions the application and subsequent pro- 
 ceedings. On April 17, 1683, perhaps while a project 
 for a fresh charter to the Duke was pending, the Com- 
 mittee for Trade, having read a letter from Lord 
 Baltimore, requested his Eoyal Highness to make no 
 conveyance to Penn until Baltimore's bounds were 
 settled. Early in 1683, a warrant for a patent to the 
 Duke was issued, but Lord Baltimore's agent peti- 
 tioned that such a patent should not pass the great seal 
 until the King should be satisfied as to the extent of 
 Maryland, because Maryland included the town of New 
 Castle and adjacent country mentioned in the patent 
 proposed. On May 31, the King in Council referred 
 the whole matter to the Committee for Trade and 
 Plantations for examination and report. The Com- 
 mittee, on June 12. called before them the agents of 
 Lord Baltimore and of Penn, and the issue was raised 
 whether in 1632 the Dutch were possessed of the land 
 in question, which fact Penn 's agent promised to prove. 
 A year later, the Solicitor for the Duke of York ap- 
 peared in the matter, and on Sep. 30, 1684, said that 
 the proof depended upon Penn himself coming to Eng- 
 land, where he was soon expected. The matter not 
 having been disposed of before Feb. 6, 1684-5, when 
 Charles II died, and the Duke of York became King, 
 the Attorney-General and Solicitor-General in 1717 
 concluded that no patent to James for the Lower 
 Counties ever passed the great seal. A quo warranto 
 proceeding was begun against Lord Baltimore, inquir- 
 ing into the validity of the privileges conferred upon 
 him by the charter. While it was pending, William 
 Penn, on account of whom, as tenant, the matter of
 
 44 Chronicles of Pennsylvania. 
 
 Baltimore's petition against a patent for the Lower 
 Counties had been laid over, asked in August, 1685, 
 that it be taken up, as being a question of property, 
 and not of power, as raised by quo warranto. In 
 October, the Committee decided that the land granted 
 to Lord Baltimore in 1632 was intended to be only 
 such as at the time was uncultivated and not inhabited 
 except by savages, and that the western shore of 
 Delaware Bay and River at that time had been planted 
 and was inhabited. A very fair, a substantially just, 
 recommendation was made on Oct. 31 to the King in 
 Council, viz : that the land between the eastern sea and 
 river and the Chesapeake be divided into two equal 
 parts by a line drawn from the latitude of Cape Hen- 
 lopen to the 40th degree, the eastern part to be the 
 King's, the western part to be Lord Baltimore's. On 
 Nov. 17, 1685, an order was made in Council approving 
 and directing this. Nothing was said about Penn's 
 right under James in the recommendation or order. It 
 was afterwards claimed that this order enured to the 
 use of William Penn as James's tenant in fee under 
 the old deeds. 
 
 The right of James, however, at this time did not 
 hang upon his acquirement of the land when Duke of 
 York, and the legal conclusion must be that his true 
 title to the west side of Delaware Bay and River, justi- 
 fying the decision, came to him when he succeeded 
 Charles as King. Was the sovereign to be bound as 
 trustee by his grants made when a private citizen 
 without right to the property? or were the covenants 
 then made for warranty and further conveyance so 
 obligatory and beyond his royal discretion that a court 
 of equity would afterwards presume a royal patent from 
 him to carry them out? Was succeeding sovereigns' 
 right, which was supposed to be for the good of the 
 community, so to be divested ? James as King did in- 
 tend to give William Penn a patent for the Lower
 
 AsCEKTAINMENT OF THE SoUTHEKN BoiJNDABY. 45 
 
 Counties. This, moreover, as we learn from a petition 
 of Hannah Penn of 1720, was to extinguish the rent 
 reserved in the deeds of 1682. Logan had heard that 
 the patent had gone through the various offices, and was 
 ready for the great seal, when the Lord Chancellor 
 made objection to some of the powers conferred. The 
 Revolution prevented the final issuing. 
 
 From the livery of seisin at William Penn's first 
 visit to America, when he entered the fort at New 
 Castle, and turf and twig and a porringer of river 
 water and soil were delivered to him there, and Mark- 
 ham, as his attorney, received similar tokens on Appo- 
 quinimy Creek, the inhabitants of the Lower Counties 
 accepted their new master. The} 7 chose seven free- 
 holders from each county to meet in Assembly with 
 representatives from the counties of Pennsylvania on 
 December 6, 1682. At that meeting, upon petition of 
 seven persons from New Deal (Sussex), six from St. 
 Jones's (Kent), and five from New Castle, an act of 
 Union was passed on Dec. 7, by which those counties 
 were annexed to the Province of Pennsylvania, and the 
 people subjected to the same laws, and invested with 
 the same privileges, as the people of the Province. 
 This proceeding, which could not have force in political 
 matters against the Sovereign, had no effect upon the 
 disputed ownership of the soil: yet the region con- 
 tinued to be under the same government as Pennsyl- 
 vania until the American Revolution, although with a 
 separate legislature after 1702, and with the stipulation 
 of the Penns in writing, whenever the appointment of 
 the acting Governor was approved, that such approba- 
 tion by the King or Queen should not prejudice the 
 King or Queen's right to those countries. Within the 
 region, the Penns sold and confirmed lands, and inter- 
 mittently collected rents until Delaware, on July 4, 
 1776, was declared a free and independent State. Fol- 
 lowing that, the People decided adversely to any title
 
 46 Chronicles of Pennsylvania. 
 
 having been rightfully in the Penns ; for while, in di- 
 vesting the Proprietaries of unsold land and of quit 
 rents, the Assembly of Pennsylvania made exceptions, 
 and granted a partial compensation, the Assembly of 
 Delaware neither allowed nor paid anything. 
 
 The decision, or order, of 1685, whatever its effect 
 as between King James and Penn, established both the 
 eastern and northern boundaries of Maryland, and 
 should have been accepted by the Proprietaries thereof 
 as shutting them out from the land east of the line 
 prescribed, and by the Proprietaries of Pennsylvania 
 as making them in their turn recede from the land west 
 of the line as far as the fortieth parallel astronomically 
 fixed. The King in Council was, as Lord Hardwicke 
 afterwards said, the proper tribunal for the determina- 
 tion of boundaries, even where, as in this case, the King 
 was deciding upon his own rights, for it was presumed 
 that he would be just. It is likely that if Lord Balti- 
 more had accordingly yielded the great bone of con- 
 tention, the Lower Counties and the river frontage 
 above them, a line run by him or his orders according 
 to the mean of the observations would have been ac- 
 cepted by William Penn as the location of the parallel. 
 The Proprietaries of Maryland, however, tried to over- 
 throw the decision, and the Proprietaries of Pennsyl- 
 vania maintained possession of what they had far south 
 of even an approximate location of the fortieth par- 
 allel. 
 
 Throughout the long struggle between the opposing 
 Proprietaries, the advantage was nearly always on the 
 side of the Penns : at the beginning, in William Penn's 
 standing at Court, and after the Revolution of 1688, in 
 the greater toleration of Quakers than of Papists, and, 
 except for a very short period, in the uninterrupted 
 possession by the Penns of the government of Penn- 
 sylvania and Lower Counties, and, except at rare inter- 
 vals, in the preference of the inhabitants concerned,
 
 Ascertainment of the Southern Boundary. 47 
 
 and almost always of the more substantial inhabitants, 
 for the Penns, rather than the Calverts, as landlords. 
 
 In 1689, Charles, 3rd Lord Baltimore, was outlawed 
 by the Court of King's Bench in Ireland on the charge 
 of high treason, and this was followed in 1691 by the 
 appointment of a Royal Governor over Maryland. 
 Although King William III was convinced that Bal- 
 timore was innocent, and issued a warrant in 1693 
 for reversing the outlawry, Baltimore did not seek to 
 avail himself of this by going to Ireland, although sub- 
 sequently petitioning Parliament to relieve him; and 
 the powers of government of the Proprietary of Mary- 
 land remained suspended during the rest of this 
 Baron's life. 
 
 Under Royal rule, Maryland officials endeavored to 
 have the boundary line run in accordance with the order 
 of 1685, and Penn, on Sep. 1, 1697, ordered Markham 
 to co-operate in doing this : but nothing resulted. 
 
 Scarcely any white people settled beyond the Brandy- 
 wine except within twelve miles of New Castle until 
 1701. A few months after Penn ended his second visit 
 to the Province, Cornelius Empson and others proposed 
 to the Commissioners of Property to settle 18000 acres 
 on the Octorara about twenty-four miles from New 
 Castle. The Commissioners hesitated, feeling doubt- 
 ful as to the Penn right so far south to the west of the 
 line ordered in 1685, but the applicants were importu- 
 nate and willing to take the risk. The Commissioners 
 added 3000 acres for the Proprietary, and issued a 
 warrant for the whole, dated 1, 7, 1702, the land to be 
 adjoining on the south the barrens between the Octo- 
 rara and the main branch of the North East River, 
 and to be bounded on the south by an east and west 
 line parallel as near as might be "to the line of the 
 Province. ' ' The district received the name of Notting- 
 ham. It was laid out so near the latitude of the mouth 
 of the Octorara as to be cut by the boundary as finally
 
 48 Chbonicles of Pennsylvania. 
 
 established. About this time, Talbot's manor, which, 
 laid out under Maryland authority, covered the district, 
 was offered for sale to Anthony Sharp, one of the 
 Quaker proprietors of New Jersey, and Sharp informed 
 Penn of this opportunity : but Penn was without ready 
 money, and the purchase would not change the para- 
 mount lordship, but, if the land was within Maryland, 
 would make Penn only a tenant of Lord Baltimore for 
 it. In 1705, Empson was so little inclined to hold 
 Nottingham adversely to that Lord that he was con- 
 templating protecting himself by acquiring a title to 
 it from him. Nothing of the kind appears to have been 
 done, and, in 1718, Keith, Lieutenant-Governor of 
 Pennsylvania, gave officials powers within that settle- 
 ment, he having, however, refused to exercise authority 
 over the settlers of New Munster, east of Nottingham, 
 who were holding by Maryland title. To a request from 
 Hart, Governor of Maryland, for the recalling of the 
 commissions over Nottingham, Keith answered that, 
 pending a settlement of the boundary dispute, each 
 side should be allowed jurisdiction over those occupy- 
 ing land under grants from that side. 
 
 For a long time after the settling of Nottingham, the 
 trend of immigration through Pennsylvania was much 
 further north, and the agents of the Penns took care 
 to keep their people away from the Octorara line: so 
 Pennsylvanians generally came to believe that such 
 line was the undoubted boundary in the region border- 
 ing on the Susquehanna. 
 
 In 1708, the third Lord Baltimore, still hoping to 
 obtain the Lower Counties, attempted to have the order 
 of November, 1685, set aside; but, upon report by the 
 Commissioners for Trade, the Queen dismissed the peti- 
 tion. A second petition by him for the same purpose 
 resulted in an order of June 23, 1709, that the petition 
 be dismissed, and that the order of 1685 be confirmed, 
 and put in execution without delay.
 
 Ascertainment of the Southern Boundary. 49 
 
 When Penn was old and broken by his troubles, and 
 not long before the loss of his mind, he was ready to 
 seize upon those stricter or more literal interpretations 
 of the two charters which they were not understood to 
 mean in 1681. Hannah Penn, the wife married at the 
 end of 1695, had no knowledge to gainsay these inter- 
 pretations. It is only fair to John, Thomas, and 
 Richard Penn, who drove the ultimate bargain with the 
 fifth Lord Baltimore, to say in this connection that they 
 were not grown up in time to talk business with their 
 father or even their elder brother, and came to their 
 estate with their information derived from their 
 mother, and in dependence upon her legal advisers. 
 
 Although the Maryland practice was to issue war- 
 rants at large, that is not specifying the locality, but 
 allowing the surveyor to survey any land in that prov- 
 ince at the risk of his action being void by reason of 
 the land belonging to another purchaser; a practice 
 likely to result in overstepping the province's bound- 
 aries : yet the preference for land convenient to the 
 settlements kept the Maryland surveyors well south of 
 Octorara Creek for a long time. About the beginning 
 of 1713, surveying upon lands previously surveyed by 
 Pennsylvanians began. Perm's Commissioners of Prop- 
 erty, Carpenter, Hill, Norris, and Logan wrote to 
 Charles Carroll, Lord Baltimore's agent, asserting 
 their own observance of what they understood to have 
 always been deemed by the Marylanders their northern 
 boundary, meaning the Octorara line, and suggesting 
 that all further proceedings be deferred until the bound- 
 ary could be fixed by authority of the Crown following 
 the surrender of the government of the two provinces. 
 There had been a report that Lord Baltimore, as well 
 as Penn, was about to make a surrender. The officers 
 or citizens of Chester County seized the Sheriff of Cecil 
 when executing his office upon land claimed by Penn- 
 sylvania, perhaps summoning or arresting settlers. 
 
 4
 
 50 Chronicles of Pennsylvania. 
 
 Carroll sent a polite reply, promising no further vio- 
 lence until the boundary was settled, which he sug- 
 gested could be by ascertaining the "fortieth degree" 
 by instruments, without appealing to the Crown, the 
 degree having been already found to be much further 
 north than any of the surveys. 
 
 It may have been only for fixing the boundary west 
 of the eastern line decreed in 1685 that the third Lord 
 Baltimore had been having these later observations 
 taken. In March, 1713-4, another observation was 
 taken, and the latitude of a place on the Upper Branch 
 of the Elk River was calculated to be 39° 29' 17". He 
 died about a year after this. 
 
 The fourth Lord Baltimore had, long before, become 
 a Protestant, but, dying in April, 1715, a few weeks 
 after succeeding to the Irish barony and the American 
 proprietorship, did not recover the government of 
 Maryland. He had married a daughter of Sir Edward 
 Henry Lee, first Earl of Lichfield, but had been di- 
 vorced from her after the birth of a number of children, 
 among whom was Charles, who became fifth Lord 
 Baltimore. Lichfield's wife, Charles's grandmother, 
 was an illegitimate child of King Charles II, but such 
 bastard relationship to the Stuarts exerted no influence 
 when Charles Calvert came to his inheritance. He 
 succeeded when about sixteen years old. Having, 
 however, been brought up a Protestant, he was not 
 under the cloud which had hung over his ancestors. In 
 about a month, the government of Maryland was re- 
 stored to him. 
 
 He did not grow up a man of great ability or strong 
 character, although recognized as having some at- 
 tainments in the arts and sciences. Clayton Colman 
 Hall, in The Lords Baltimore and the Maryland Palati- 
 nate, quotes various opinions concerning him, includ- 
 ing Lord Hervey's: "thinks he understands every-
 
 Ascertainment of the Southern Boundary. 51 
 
 thing, but understands nothing ... is a little 
 mad." 
 
 In 1717, Maryland surveyors went as far north as 
 near the head of the Pequea Creek: in opposition, the 
 Pennsylvania Commissioners of Property, on 11 mo. 2, 
 not only awarded to a partisan some of the ground 
 surveyed, but also offered a reward of 10 I. to any per- 
 son arresting such a surveyor, and delivering him to 
 the Sheriff or proper officer. If at this time the Mary- 
 land surveyors retreated before this peril of being 
 kidnapped, the officials of Cecil County afterwards did 
 not hesitate to make at least a show of force to vindi- 
 cate their jurisdiction, and the threatening possibilities 
 west of the Susquehanna, remote from centres of 
 authority, and where Indians might resent encroach- 
 ments, caused in 1721 or 1722, an agreement between 
 the acting Governors of the two colonies that no sur- 
 veys for any private person should be made in that 
 region. 
 
 Keith's steps in opposition to the putting of settle- 
 ments on the western banks of the Susquehanna, will 
 be narrated in the chapter on Confusion at the Death 
 of William Penn. This Lieutenant-Governor of Penn- 
 sylvania accepted the views of the Penn agents and 
 friends in the Council, that, pending a final decision 
 by competent authority of the boundary question, the 
 Octorara line must be recognized. 
 
 By agreement dated Feb. 17, 1723-4, between Lord 
 Baltimore of the one part, and William Penn's widow 
 and executrix and two of the mortgagees of Pennsyl- 
 vania &ct. of the other part, it was provided that for 
 eighteen months no persons on either side should be 
 disturbed in their possessions, nor any lands surveyed, 
 taken up, or granted in either province near the bound- 
 aries claimed by either side. The hope was expressed 
 in the agreement that within the period the boundaries 
 would be determined and settled. This hope, however,
 
 52 Chronicles of Pennsylvania. 
 
 was not realized, and Marylanders and Pennsylvanians 
 entered upon the disputed region: in fact the former, 
 in ignorance of where the 40th parallel was, often went 
 beyond what Baltimore claimed. 
 
 In 1731, Thomas Cresap and others with Maryland 
 warrants took possession of Conejohela, settling at a 
 spot in fact north of the 40th parallel, on the western 
 bank of the Susquehanna, driving away some Indians, 
 and burning their cabins. Depredations upon the 
 whites of Pennsylvania allegiance, followed by resist- 
 ance to arrest, brought about a border war which in- 
 volved some loss of life, although during the years in 
 which said struggle was somewhat spasmodically kept 
 up, proceedings to settle the question, or to gain some 
 legal advantage, were being taken by more conspicuous 
 persons. 
 
 On July 1, 1731, Lord Baltimore petitioned the King 
 to order the Proprietaries of Pennsylvania to join with 
 said Lord in ascertaining the boundaries. Before this 
 petition was disposed of, frequent interviews took place 
 between the principals on both sides, the bill and an- 
 swer subsequently filed in Chancery contradicting each 
 other as to who made the overtures. We cannot see 
 why Baltimore sought or suggested the compromise 
 made, or, for that matter, why he agreed to it, even sup- 
 posing that he meant the interpretation in minor de- 
 tails for which he afterwards contended. With the 
 western half of the Delaware peninsula already his, it 
 was not a case of "give and take" to accept less than 
 he claimed to the north, or even as little, in exchange 
 for his relinquishing claim to the old City of Philadel- 
 phia and most of its Northern Liberties, the present 
 Delaware County, and nearly, if not all, the present 
 state of Delaware. Even if that relinquished claim 
 was then worthless, so that said land is not to be taken 
 into account, he was giving away, north of the present 
 boundary of Maryland, over 2,000,000 acres which the
 
 Ascertainment of the Southern Boundary. 53 
 
 charter of 1632 plainly gave him, and the order of 1685 
 as clearly adjudged to him; acres, moreover, adjoining 
 improved property. We can only suppose that he was 
 not sober, or had otherwise lost his head, or had been 
 unduly frightened by the matter of the Octorara line. 
 With unaccountable weakness, from the consequences 
 of which the English Court of Chancery did not let him 
 squirm out, he, as party of the 1st part, made an agree- 
 ment dated May 10, 1732, with John, Thomas, and 
 Richard Penn, of the 2nd part, whereby it was cove- 
 nanted that the circle called for by King Charles II 's 
 charter should be drawn at twelve miles distance from 
 New Castle, that from the middle point of an east and 
 west line to be run from the point of Cape Henlopen, 
 lying south of Cape Cornelius on the ocean, to the 
 western side of the Peninsula, there should be run a 
 straight line northwardly as a boundary until it 
 touched the western part of the periphery of the circle 
 around New Castle, and from the point of contact a 
 further boundary-line should be run due north to the 
 latitude of fifteen English miles due south of the south- 
 ernmost point of the City of Philadelphia, that a line 
 due west should then be run across the Susquehanna 
 to the western extent of Pennsylvania, or as far as 
 requisite, viz: twenty-five English miles west of the 
 River, so that it could be continued when those parts 
 were better settled, that if the line running due north 
 from the point of contact with the circle should cut off 
 part of the circle, such part should still be in New 
 Castle County, that seven commissioners on each side, 
 three being a quorum, should lay out and mark the lines 
 between October 1, 1732, and December 25, 1733, and 
 that the party whose commissioners did not attend after 
 any adjournment should forfeit £5000 to the party 
 whose commissioners attended. It is rather amusing 
 that so strongly had the Penn side been imbued with 
 faith in the Octorara line, that Ferdinand John Paris,
 
 54 Chronicles of Pennsylvania. 
 
 the Penn lawyer, in writing to Pennsylvania about the 
 agreement, apologized for its yielding so much! 
 
 It would seem, on the other hand, that, when the 
 prominent Marylanders heard of the agreement, they 
 began trying to find some means of breaking it without 
 their Proprietary becoming liable for the £5000 for- 
 feiture, although they might have thought even that 
 preferable to carrying the agreement out. The joint 
 commissioners were appointed and met, but soon ad- 
 journed on a quibble raised by those from Maryland. 
 At a subsequent meeting, the latter insisted that the 
 circle around New Castle was to be twelve miles in 
 diameter, instead of radius. The commissioners ap- 
 pointed by the Penns having no authority to run any 
 circle but that of twelve miles radius, there was a final 
 adjournment on Nov. 24, 1733, obviating any forfeit, 
 but making it impossible to carry out the agreement 
 within the time specified. 
 
 On Aug. 8, 1734, Lord Baltimore petitioned the King 
 to grant him letters patent confirming to him in fee 
 the Peninsula as in the charter to Caecilius, the 2nd 
 Lord, notwithstanding the words "hactenus inculta" 
 &ct. in its recital. Richard Penn, the only Proprietary 
 of Pennsylvania then in England, opposed this, his 
 lawyers insisting that the agreement for adjusting 
 boundaries was in force notwithstanding the failure 
 to run the line within the prescribed time. A petition 
 from several thousand Quakers of the Lower Counties 
 against such a grant was laid before the Commissioners 
 for Trade &ct., and the latter recommended that fur- 
 ther consideration be postponed until the end of 
 Michaelmas Term following, to give the Penns an op- 
 portunity to raise before a court of equity the question 
 of the validity of the agreement. Such postponement 
 was made by the King in Council on May 16, 1735. 
 
 The Penns filed the necessary bill in the Chancery of 
 Great Britain on June 21, 1735. Anybody reading the
 
 Ascertainment of the Southern Boundary. 55 
 
 bill, and not aware of the facts about the old patents 
 as before mentioned, will get the idea that Baltimore, 
 the defendant, was a terrible robber, a liar, if not a 
 forger, a trickster who, after browbeating the rightful 
 owners into his own terms, conspired to prevent their 
 being carried out, and a sneak who took advantage of 
 the absence of the older brothers to apply to the King. 
 The bill prayed for equitable relief, the lawyers using 
 every pretence of title, every accusation of bad deal- 
 ing, requisite or cumulative, to make out that the agree- 
 ment was reasonable, had been broken by the act of 
 the other party, and should be specifically performed. 
 The bill seems to have been the first formal assertion 
 that the charter to the 2nd Lord gave him only the 
 few miles on Delaware Bay between the cape at the 
 entrance and the completion of the thirty-ninth degree, 
 viz : the thirty-ninth parallel. Lord Baltimore 's answer 
 disputed the effect upon his right of orders in Council, 
 possession, expenditure, and pecuniary loss set forth 
 in the complaint, and denied some of the facts, and 
 alleged that he had been imposed upon as to the loca- 
 tion of Cape Henlopen from which the southern bound- 
 ary of the Lower Counties was to be run, and set up 
 the want of title in the complainants to the land to be 
 allotted to him, and the want of consideration in the 
 agreement, and defended his commissioners and their 
 interpretations, and prayed for the cancellation of the 
 agreement. 
 
 Before the case could be decided, the disorders on 
 the frontiers broke out afresh, in fact the officials of 
 the bordering counties of the two colonies seem to have 
 promoted violence in hopes of gaining for their respec- 
 tive lords some small advantage. A petition was sent 
 from Maryland to the King in 1736, reciting various 
 offences committed, and praying some relief from the 
 state of affairs. On Aug. 8, 1737, the King made an 
 order in Council commanding the Governors of the two
 
 56 Chronicles of Pennsylvania. 
 
 Provinces to preserve the peace, and, for that purpose, 
 to make no grants of any part of the land in contest, 
 nor any part of the Lower Counties, nor permit any 
 person to settle or attempt to settle thereon until the 
 King's pleasure was further signified. 
 
 On petitions from both sides to the King, received 
 after the royal order of Aug. 8, 1737, the Lords for 
 Trade and Plantations brought about an agreement 
 between the opposing Proprietaries as follows, viz: 
 that settlements within the Lower Counties be per- 
 mitted without prejudice to either right; that all lands 
 remain in the possession and under the jurisdiction of 
 the Proprietary possessing them, until boundaries be 
 settled; that all other land in contest east of the Sus- 
 quehanna, and not in the Lower Counties, and not as far 
 as fifteen miles and a quarter south of the latitude of 
 the most southern point of the City of Philadelphia, 
 and all land west of the Susquehanna not as far as 
 fourteen and three quarter miles south of said latitude, 
 be in the temporary jurisdiction of Pennsylvania, and 
 all land south of those distances be in the temporary 
 jurisdiction of Maryland, that the respective Proprie- 
 taries be permitted to grant vacant lands within their 
 temporary jurisdiction on the usual terms, subject to an 
 accounting if such locality be finally adjudged to the 
 other Proprietary; and that all prisoners by reason of 
 the boundary dispute be discharged on their own recog- 
 nizances to appear for trial when ordered by his 
 Majesty. The King in Council on May 25, 1738, ordered 
 this agreement to be carried into execution, without 
 prejudice to either party. 
 
 The temporary boundary thus ordered between the 
 two jurisdictions was agreed to be run by commission- 
 ers from each side, who began work on Dec. 5 by 
 agreeing that a certain post on Society Hill was the 
 southernmost point of Philadelphia. In the follow- 
 ing Spring, after running due west far enough to
 
 Ascertainment of the Southern Boundary. 57 
 
 get away from the wide parts of the Brandywine and 
 Christiana Creeks, and then running due south fifteen 
 and a quarter miles along the surface of the earth with 
 an allowance of 25 perches for altitude of the hills, all 
 the commissioners ran the line from this starting-point 
 thus found to the Susquehanna, and fixed the starting- 
 point on the west side. After this, one of the Mary- 
 land commissioners being called home by a death in his 
 family, and his colleague declining to go on without 
 him, the Pennsylvania commissioners ran the line to 
 the top of the most western hill of the Blue Mountain 
 range, the limit of land purchased by the Pennsylvania 
 Proprietaries from the Indians. 
 
 The proceedings in chancery, including the taking 
 of much testimony in America, lasted many years. The 
 case came finally to Lord Chancellor Hardwicke for 
 decision by himself alone. This was pronounced on 
 May 15, 1750. Feeling the greatness of the interests 
 involved, he remarked that the matter was ''worthy 
 the judicature of a Roman Senate rather than of a 
 single judge, ' ' and that it was a consolation to him that 
 there was a judicature equal in dignity to that Senate— 
 the House of Lords — to whom an appeal could be made, 
 if he erred. He did not decide the dispute between the 
 parties as it stood before the making of the agreement. 
 Had that responsibility been upon him, it is possible 
 that he would have come to conclusions more like those 
 of an impartial historian as to the intentions of states- 
 men dead before he was born, and as to facts in which 
 the actors had passed away. As the case was pre- 
 sented, he, however, saw reasonableness in the Penns' 
 interpretation of the charters. He accepted as true the 
 allegation of a charter to the Duke of York in 1683, and 
 therefore thought that the Duke, afterwards King, was 
 a trustee for Penn; but, as the Lower Counties were 
 not to be conveyed by Penn's descendants, their title 
 to convey needed not to be considered. The decision
 
 58 Chkonicles of Pennsylvania. 
 
 was: that for an agreement to compromise, it was 
 enough that there was a doubt as to the true rights, 
 and the settlement of the contention was a sufficient 
 consideration. He found as a fact that, in making the 
 agreement, Lord Baltimore was neither surprised nor 
 imposed upon nor ignorant. There was no mistake of 
 the intention of the parties made in the articles of 
 agreement. So the Lord Chancellor decreed specific 
 performance of the agreement without prejudice to any 
 right of the Crown. 
 
 The present author is not aware that there has been 
 any criticism of this decision by any luminary of equit- 
 able jurisprudence as bright as the one who delivered 
 it. What is called equity by lawyers had long before 
 that time become an artificial system very different 
 from the justice of the old ecclesiastical Chancellors. 
 We can imagine one of them asked to enforce such a 
 bargain as the heir of the grant of 1632 had made : they 
 sat partly for the very purpose of restraining any man 
 or men who by the terms of a bargain would get an un- 
 conscionable advantage. There can be little doubt that 
 their opinion would have been against the complainants 
 in this case, and with the words "ils serront damnes in 
 hell." 
 
 For an account of the carrying out of the agreement 
 so declared binding, the reader is referred to George 
 Johnston's History of Cecil County, Maryland. Suffice 
 it to say that the boundary line or boundary lines were 
 at last run to almost the west end of Maryland by 
 Charles Mason and Jeremiah Dixon. They were Eng- 
 lish mathematicians and astronomers, selected by the 
 opposing Proprietaries, and performed the work in a 
 little less than three years, ending on Sept. 25, 1766: 
 and the delimination was confirmed by the King in 1769. 
 In the middle of the Nineteenth Century, the names of 
 Mason and Dixon were in the mouth of nearly every 
 American ; for their line was marking the cleavage be-
 
 Ascertainment op the Southern Boundary. 59 
 
 tween the Free and the Slave States of the Union. In 
 the uncertainty of origin, as there is for so many ex- 
 pressions, it is possible that Dixon has a memorial in 
 the songster's designation of the land of the late 
 Southern Confederacy as " Dixie."
 
 CHAPTER III. 
 
 The Acquisition and Distribution of the Land. 
 
 The King's charter grants the soil — Europeans 
 with anterior title — Indian rights — Swedes and 
 Dutch purchase — Bishop Compton advises Penn to 
 do so, and such course necessary — Eegulations pro- 
 tecting the red men — Quit rents — Feudal position 
 of Penn — Pennsylvania "ground rents" — The vari- 
 ous manors — Most of Penn's first sales in small 
 quantities — The tracts of 10,000 acres cut up — 
 Sales by Penn after his first visit — The Propri- 
 etor's "tenths" — Uniform price of other land — 
 Method of selling and conveying — Conditions and 
 Concessions to the first purchasers — The "Liber- 
 ties" of the great town — Plan of Philadelphia — 
 Holme's survey — A colony and city on the Susque- 
 hanna projected — Warrants and patenting — Land 
 Commissioners before Penn's second visit — Land 
 legislation and disputes during the second visit — 
 Subsequent proceedings — The Land Office — The 
 Divesting Act. 
 
 The charter of King Charles II granted to William 
 Penn and his heirs and assigns the soil, lands, isles, 
 rivers, waters, &ct. within the limits or boundaries, with 
 the fish and fishing and mines and quarries, and made 
 him and his heirs and assigns ' ' true and absolute pro- 
 prietaries,' ' the King retaining allegiance and sover- 
 eignty and a fifth of the gold and silver ore clear of 
 expense, and the King reserving a rent consisting of 
 two beaver skins, to be delivered at Windsor Castle 
 on the first of every January. The country and islands 
 were erected "into a province and seigniorie."
 
 Acquisition and Distribution of the Land. 61 
 
 Interfering, however, with the Proprietary's freedom 
 to place tenants throughout the region were the rights 
 of two kinds of human occupants : the Europeans who 
 were already seated on particular lots of ground, and 
 the aborigines, or supposed aborigines, miscalled 
 Indians, — a name to which we must adhere, — who were 
 making use of extended reaches. 
 
 It suited the purposes of England to claim that the 
 soil on which the Swedes and Dutch had planted their 
 North American colonies belonged all the while to her 
 Crown by right of Cabot's discoveries, if not of acts 
 concerning the region; but, as to all the inhabitants 
 along the Delaware in 1664 who had not resisted the 
 so-called recovery, justice and the King's promise and 
 the Commissioners' stipulation forbade, while the 
 amount of vacant land rendered unnecessary, the tak- 
 ing away of what a man or his father had acquired 
 with the consent of his government, or improved by the 
 expenditure of his money and labor. The undisposed 
 of residue of the tracts held by rulers or political bodies 
 was not under such immunity. In punishment for re- 
 sisting the alleged rightful owner, the English confis- 
 cated the property of the Dutch Governor, the Schout, 
 and others guilty of hostility, but, as to the other pos- 
 sessors of land, required merely that they surrender all 
 old patents, and be supplied with new ones, because 
 the old patents were upon condition of the holders 
 being subjects of the United Belgic Provinces. Threats 
 were made that a failure to obtain new patents would 
 be punished with forfeiture; but a number of persons 
 failed to comply, some hoping to avoid paying a quit 
 rent. A rent appears to have been reserved in the old 
 grants. This was demanded by the Duke's agents. In 
 early patents, Nicolls reserved the quit rent to the 
 King's use, payable yearly when demanded by the per- 
 sons whom he would put in authority on Delaware 
 River. Afterwards, the rents were often reserved to
 
 62 Chronicles of Pennsylvania. 
 
 the Duke. According to Logan in 1709 (Penna. Ar- 
 chives, 2nd Series, Vol. XIX, p. 501), the government 
 at New York fixed the rate at a bushel of wheat for 
 every 100 acres. 
 
 Not only were claims by any one without an English 
 patent liable to be disregarded some day by an English 
 Proprietary, but if, indeed, the Duke of York had no 
 title to the western bank of the Delaware, his grantees 
 also, whether the Englishmen who came after the con- 
 quest or the foreigners who had been made subjects, 
 were occupants without title. William Penn could not 
 take advantage of this within the circle around New 
 Castle and the region south of it; for there his only 
 right was through the Duke. As to the old settlers in 
 Pennsylvania proper, unfair as the eviction of them 
 might be, and bad as Penn's position to attempt it 
 would be, he having accepted from the Duke a release 
 and confirmation of King Charles's patent, yet there 
 was no security without a binding declaration from 
 Penn. If a fresh contract was to be made with him, it 
 would be upon the terms he would choose; if the old 
 contract was to stand, he was to be the landlord, and 
 take the rents formerly agreed upon. There were not 
 many Englishmen within the limits of Pennsylvania 
 at the date of King Charles 's charter. 
 
 To the Swedes and very few others of foreign birth, 
 as naturally more puzzled and fearful than the Eng- 
 lish occupants, Penn, on his first arrival, made reassur- 
 ing speeches, and, moreover, he passed laws for title 
 by seven years' quiet possession, and, in the Frame of 
 Government of 2mo. 2, 1683, confirmed to all inhabi- 
 tants of the Province or Territories, whether purchasers 
 or others, full and quiet enjoyment of all lands to which 
 they respectively had any lawful or equitable claim, 
 saving only such rents and services for the same as 
 were "or customarily ought to be reserved to me my 
 heirs or assigns." Very early — Acrelius says that it
 
 Acquisition and Distribution of the Land. 63 
 
 was on June 14, 1683, — he sent for all the patents of 
 the old inhabitants for inspection, and offered new 
 patents. To make room for his capital city and its 
 suburbs called "Liberties," he cut down the size, or 
 took away the whole, of certain plantations, designat- 
 ing other land in compensation. His persuasiveness, 
 mingled, perhaps, with some fear of him, accomplished 
 a great design so beneficial to the public that it would 
 have justified, if within his authority, acts of eminent 
 domain. Probably also his surveyors corrected lines. 
 All this seems the foundation of the complaint that 
 he reduced the possessions of the older inhabitants. 
 Rev. Israel Acrelius, Provost of the Swedish Churches 
 in America, says, in his work generally quoted as 
 History of New Sweden, that some thousands of acres 
 of swampy land covered with water at high tide, had 
 been used as pasturage, although not included within 
 the old metes and bounds, and such were, upon resur- 
 veys, cut off from the adjoining plantations, and that 
 the new patents charged three or four times the old 
 quit rent, so that the occupants who did not surrender 
 their deeds kept the land they were using, and did not 
 assume increased rent. Some of those who did surren- 
 der their deeds did not take out new patents, which, 
 besides having to be paid for, seemed sufficiently objec- 
 tionable in reserving even at the old rate a rent to be 
 paid to Penn and his heirs and assigns. An idea had 
 spread that the old landholders, being tenants of the 
 King, or, rather, of the Duke, whom these foreigners 
 confused with the King, were not bound to pay rent to 
 any one else, and were free so long as the King did not 
 make the requisite demand. It is noticeable that the 
 King's patent does not in so many words give to Penn 
 the rents and reversions of lands already granted 
 within the region: but the Duke of York's release espe- 
 cially conveys all the rents &ct. which he had. 
 
 The older landholders and those who had inherited
 
 64 Chronicles of Pennsylvania. 
 
 or bought from them could not be disregarded by the 
 Assemblymen chosen by the whole body of property- 
 owning freemen. In 1700, during Penn's second visit, 
 it was enacted that all lands seated by virtue of letters 
 patent or warrants under the Crown of England before 
 the grant to William Penn except where obtained by 
 fraud or deceit should be quietly enjoyed by the actual 
 possessors and their heirs and assigns. 
 
 In 1709, the Swedish view was set forth in a petition 
 to the Assembly, complaining moreover that those who 
 had handed in their old patents never got them back. 
 The Land Commissioners met the petitioners, and 
 agreed to examine into any particular case of injury 
 by taking away land, and insisted on the obligation to 
 pay quit rent. Logan said that he, Secretary since 
 Penn's departure, had never had any of the old patents, 
 nor had ever asked greater quit rent than a bushel of 
 wheat for every hundred acres. Penn, receiving notice 
 of the complaints, represented the case, says Acrelius, 
 to the Swedish Minister Resident in London, after 
 transmission by whom the matter was taken up by the 
 Royal Council of Sweden. It is possible that the mal- 
 contents were the first to approach the Minister. The 
 Royal Council under date of June 23, 1711, warned the 
 members of the Swedish congregations on the Dela- 
 ware, if they wished further help in church matters, 
 to conduct themselves in obedience to the laws of the 
 country where they were living and also to Penn. Pro- 
 testing that they had always been quiet and loyal 
 subjects, the Swedes in 1713 asked a certificate to that 
 effect from the Assembly of Pennsylvania to the British 
 and Swedish governments, and made a long representa- 
 tion of grievances to the Swedish Minister. To a peti- 
 tion in 1721 by Swedes for an act to confirm titles, the 
 Land Commissioners made answer that the titles of 
 the petitioners under the Duke of York had never been 
 called in question, as far as the Commissioners knew.
 
 Acquisition and Distribution of the Land. 65 
 
 At the time of the Charter to Perm, the Indians had 
 abandoned very few contiguous square miles within 
 the present limits of the state, and, besides believing 
 themselves entitled to the spaces between some isolated 
 plantations, occupied the whole country from the Con- 
 shohocken range of hills to Lake Erie, receiving white 
 visitors occasionally in the southeast, on either side of 
 that range of hills, and French missionaries, French 
 traders, and perhaps French soldiers in the northwest. 
 During the whole period of this history, the Penns can 
 not be said to have obtained possession to a greater 
 distance in any direction than ninety miles from Phila- 
 delphia. 
 
 The general question of Indian title and Penn's 
 attitude in relation thereto and his plan for the red man 
 and the white man to live as good neighbours may be 
 discussed here, leaving to the next chapter the account 
 of particular tribes and the dealings with them before 
 the end of Penn's second visit to Pennsylvania, and to 
 other chapters the various episodes in Indian affairs 
 connected with the time or subject touched upon in 
 those chapters. 
 
 The principle being once established that discovery 
 or occupation or cession by the discoverer or occupier 
 gave to one Christian prince or nation the ownership 
 as far as all Christian princes and nations were con- 
 cerned, it follows that he or that nation alone of all of 
 them could enter into relations with the barbarians 
 inhabiting the region covered by such ownership. If 
 another civilized power attempted to avail itself of any 
 consent obtained from the native barbarians to a foot- 
 hold in that region, it was an invasion. Moralists early 
 doubted the right of any nation whatever to intrude 
 where other human beings were dwelling, or even were 
 accustomed to hunt and fish, unless those human beings 
 gave consent, either freely or after a lawful war. Some 
 persons had gone so far as to assert title by purchase
 
 66 Chronicles of Pennsylvania. 
 
 from the natives, independent of or in opposition to 
 title by discovery or occupation ; but the general recog- 
 nition by commercial and colonizing nations of title by 
 discovery or occupation practically curtailed the rights 
 of the aborigines of the New World by restricting the 
 market for those rights, like some modern agreements 
 restraining trade by apportioning territory. If wild 
 men had any property in the soil, they could not seek 
 in the family of Christian nations ' ' the highest and best 
 bidder." There was only one nation which could buy, 
 and, under the best approved system, there was only 
 one individual, viz : the sovereign, or his representative, 
 either official or by license. Therefore, in discussing in 
 the first chapter the claim of one Englishman against 
 another, and tracing the title of one European power 
 as against another, little has been said about any grant 
 by the aborigines of North America. Yet it is clear 
 that, except by absolute subjugation of these, no land 
 within their reach could be actually and permanently 
 acquired without license or transfer from them. In 
 Good Speed to Virginia, printed in 1609, quoted in 
 Alexander Brown's Genesis of the United States, there 
 was mentioned as probably correct an opinion that the 
 savages had no particular property in any part of the 
 country, but only a general residence therein, as wild 
 beasts in a forest; but, nevertheless, there was a dis- 
 claimer of any intention to take the natives' rightful 
 inheritance by force, for, it was stated, they were will- 
 ing to entertain the settlers, and had offered to yield 
 on reasonable conditions more land than could in a 
 long time be planted. The customs of the savages lent 
 some support to the theory of their right being merely 
 that of residence, and of taking sustenance. Among 
 such nomads, no individual could exclude another from 
 a particular piece of ground, unless covered by his hut 
 or his hill of corn, and proprietorship even by the tribe 
 meant nothing much beyond the villages but the right
 
 Acquisition and Distribution of the Land. 67 
 
 to hunt or fish within certain limits. Moreover, govern- 
 ment was loose, the "kings" or sachems presiding over 
 a democracy in which affairs were settled by ' ' the sense 
 of the meeting." The freedom, however, of these 
 democracies to withhold their communal possessions 
 from Europeans was quite early pretty generally ac- 
 cepted as a fact, and even recognized more than is sup- 
 posed as a right. 
 
 The Swedes and the Dutch, too few to be conquerors, 
 and looking for the furs to those experienced in hunt- 
 ing, endeavored to be friends with the natives, and, 
 condoning occasional murders by them, succeeded. Be- 
 fore attempting to take possession of land, these 
 Swedes and Dutch purchased it from those savages who 
 claimed the right to sell, and, in the course of time, 
 from successive and conflicting claimants. There was 
 only one safe course to pursue: to buy from every 
 Indian in sight, and if any who had sold had forgotten 
 or doubted the scope of the transaction, then to buy 
 over again. Whatever land acquired for the Swedish 
 or Dutch colonies was not recognized as the property 
 of individuals, passed to the King of England by the 
 treaty of Westminster. The officers under Charles II 
 or the Duke of York in dealing with the red men strove 
 to avoid all cause of complaint through unfair trading 
 or unjust bodily hurt. The laws published on March 1, 
 1664-5, at Hemsted by Col. Richard Nicolls provided 
 that no purchase of land from Indians after that date 
 should be a good title without leave from the Governor 
 having been first obtained for such purchase ; and that, 
 afterwards, before a grant by the government could be 
 issued, the sachem and right owner must acknowledge 
 receipt of payment; and that all injuries done to 
 Indians should, upon their complaint and proof in 
 court, be speedily redressed gratis. Some purchases 
 of land west of the Delaware were afterwards made by 
 private individuals or public officers, so that by the
 
 68 Chronicles of Pennsylvania. 
 
 time Perm received the charter from the King, a con- 
 siderable part of the southeastern corner of the present 
 state was covered by deeds from some Indian, much of 
 the acreage being the private property of settlers, and 
 much being undisposed of by the King or Duke, and 
 so transferred to Penn. The quantity of vacant land, 
 however, was as nothing compared to the needs of any 
 large immigration. 
 
 We do not know how early and how clearly William 
 Penn adopted the view, scarcely yet universally ac- 
 cepted, that a civilized man is morally bound to bargain 
 and pay for land over which nomads have been merely 
 roaming. In a letter from Philadelphia, dated Aug. 
 14, 1683, to the Lords of the Committee for Trade and 
 Plantations, Penn says: "I have exactly followed the 
 Bishop of London's council (sic) by buying and not 
 taking the Natives' land, with whom I have settled a 
 very kind correspondence." The Bishop of London 
 from 1679 to 1713, except during a short suspension in 
 1686, was Dr. Henry Compton, who will be mentioned 
 in another chapter. It would seem that this counsel, or 
 advice, was given on June 14, 1680, when Penn, being 
 called in, appeared before the Committee, and the 
 Bishop, a member of the Committee, was present, that 
 meeting being the only one attended by him when 
 Penn's charter was considered. Although the minutes 
 do not mention it, we must conclude that the Bishop, 
 always very outspoken, then expressed the hope that 
 no land would be occupied without the consent and 
 compensation of the natives, and that Penn gave as- 
 surance that he would be extremely careful in this re- 
 spect. This may not have been a new thought to Penn. 
 
 While we would not detract from the glory due to 
 Penn and his earliest representatives for carrying out 
 this plan faithfully in letter and spirit, and the glory 
 due to the genuine or earnest Quakers for their whole 
 treatment of the red man, we are quite sure, that, even
 
 Acquisition and Distribution of the Land. 69 
 
 without any humanitarian or moral ideas, Penn would 
 have found no other course open to him than purchas- 
 ing the Indian claim. The practice being so well 
 established on both sides of the Delaware, the Indians 
 would have driven out intruders. No leader without 
 an army such as it was impracticable to keep, could 
 have dared at the time to rouse in the savages a sense 
 of being wronged. 
 
 In Penn's early prospectus called "Some Account of 
 the Province of Pennsylvania/' he offered shares 
 amounting to 5000 acres "free of Indian claims." In 
 his early deeds, he covenanted to clear, acquit, and dis- 
 charge the conveyed lands from all manner of titles 
 and claims of any Indians, or natives of the province. 
 This extinguishment of supposed paramount title, 
 where not already accomplished before his time, was 
 duly prosecuted. The district in which any of those 
 early purchases were located became clear of Indian 
 claims; and it continued to be a rule with him and his 
 family and the land agents of any of them not to author- 
 ize a survey of any lot outside of what had been bought 
 from the Indians. 
 
 Before any purchase of land from them was made 
 by Penn or under his authority, he turned his mind to 
 the two races dwelling together or in proximity with 
 each other in harmony. The principle that only he 
 could acquire the land which on March 4, 1680-1, be- 
 longed to the red men, eliminated the most important 
 subject from the dealings of private individuals, and 
 this was enforced by an act of 1683 punishing with fine 
 and loss of the land involved any purchasing of land 
 from the natives without leave from the Proprietary 
 and Governor or his Deputy. Where there unavoid- 
 ably would be contact, Penn undertook to secure fair 
 and right dealing. In the Conditions and Concessions 
 agreed upon in England on July 11, 1681, between him 
 and the adventurers, the plan of selling goods in public
 
 70 Chkonicles of Pennsylvania. 
 
 market under public stamp was made to embrace all 
 buying from and selling to an Indian, and affronts or 
 wrongs to an Indian were to be punished as if done to 
 a fellow planter, any abuse by an Indian was not to 
 be revenged by the planter abused, but left for satis- 
 faction to a magistrate and the King of said Indian, 
 differences were to be decided by a jury half of one 
 race, half of the other, the Indians were to have the 
 same liberty as any of the planters as to the improve- 
 ment of their ground and the providing of sustenance 
 for their families. 
 
 By Penn's instructions of Sep. 30, 1681, to his Com- 
 missioners, Crispin, Bezar, and Allen, these articles 
 of the Conditions were to be read to the Indians in 
 their own tongue; then presents sent over for their 
 Kings were to be given, and a friendship and league 
 according to the Conditions was to be made, and this 
 the said Crispin and others were faithfully to keep. 
 The Assembly of 1683 enacted part of the Conditions 
 in this shape : That on any damage done to the persons 
 or estates of the inhabitants by any Indian, notice 
 should be given to the King of the tribe to bring the 
 Indian to trial before six freemen of the County and 
 six of the near-by Indians ; if such a trial were refused, 
 the County Court should impose fine or other punish- 
 ment: if any person in the Province or Territories 
 injured an Indian, he should be tried by six freemen 
 and six of the same tribe of Indians, the Indian King 
 to be notified to be present. 
 
 Indians were allowed by an Act of Assembly a bounty 
 for killing wolves. From 1690 until 1724, this was the 
 same as paid to white men. Such had been the rule in 
 the days of Nicolls. 
 
 Sale of strong drink to an Indian except by the 
 Governor's license, and even the unauthorized giving 
 of strong drink to an Indian, had been prohibited in 
 the laws published by Nicolls. This not being in 1681
 
 Acquisition and Distribution of the Land. 71 
 
 still in force in the Duke of York's possessions, and 
 Penn's officers having forbidden the sale in his prov- 
 ince, several Indians on Oct. 8, 1681, petitioned Lieu- 
 tenant-Governor Markham to take off the prohibition 
 until the sale should be stopped at New Castle, because 
 the Indians were going down there to buy rum, and 
 getting more "debauched" than before. Altogether 
 the Indians were rather hypocritical temperance advo- 
 cates, and rarely aided any approach towards teetotal- 
 ism. Sale or exchange was absolutely prohibited in 
 the Great Law passed at Chester after Penn's arrival. 
 Subsequently the Governor and Council were author- 
 ized to suspend this law upon making agreement with 
 the Indians that they submit to the same punishment 
 for drunkenness as the other inhabitants, viz: fine or 
 imprisonment on bread and water at hard labor. The 
 law itself remained in force until Fletcher's time. 
 
 The Indians having been aggrieved in trade by 
 strangers in Pennsylvania &ct., a law was proposed by 
 the Assembly in 1693, and enacted by Fletcher, then 
 Royal Governor in Penn's place, and was subsequently 
 under Penn re-enacted, forbidding from trading with 
 Indians all non-residents either on shore or aboard any 
 vessel, except such as had come with their families with 
 intent to settle, and forbidding the inhabitants of the 
 Province and Territories to trade with the Indians pri- 
 vately in the woods, or at the wigwams or Indian towns, 
 or anywhere but at the trader's own dwelling-house. 
 
 On 3mo. 17, 1701, Penn and his Councillors came to 
 the conclusion that the Indian trade should be put into 
 the hands of a company, which should take measures to 
 set before the savages good examples of probity and 
 candor, both in commerce and behavior, and that care 
 should be taken to instruct them in the "fundamentals 
 of Christianity. " In further considering the matter on 
 the 31st, it was thought that there ought to be a joint 
 stock in which all persons, especially the old traders,
 
 72 Chronicles of Pennsylvania. 
 
 should be free to share, observing rules to be laid down 
 by the government, and that no rum be sold to any but 
 the chiefs, and in the quantities which the Governor 
 and Council should see fit. The Assembly failed to 
 agree with Penn upon a bill to regulate the Indian trade 
 further than to prohibit the sale or gift of rum, brandy, 
 or other spirits mixed or unmixed, and to forfeit any 
 pawn taken from the Indians for any goods, the pledg- 
 ing of guns, kettles, &ct. having prevented some of the 
 red men from gaining their livelihood by hunting. 
 
 It will be shown in the next chapter that by the time 
 William Penn ended his first visit to America he had 
 secured from the Delaware Indians, or Lenni Lenape, 
 or had had them confirm to him the eastern end of the 
 present Bucks County from the Jericho Hills to the 
 Neshaminy, and also the land at the headwaters of the 
 Neshaminy and Pennypack Creeks and across to 
 Chester Creek beyond the ridge called the Consho- 
 hocken hills. In 1685, his agents secured the frontage 
 on Delaware River and Bay from Chester Creek to 
 Duck Creek, the frontage between Chester Creek and 
 the Neshaminy apparently having been recognized as 
 ceded to the whites, although later some further con- 
 firmation was made. Some deeds professed to grant 
 an extensive region even south of Duck Creek and near 
 or on the Chesapeake and Susquehanna. During his 
 second visit, he bought on both sides of the last named 
 river from the ancient owners. 
 
 Penn stated late in life that he had bought the land 
 of the natives dear. Even as to those who left to him 
 the quantity and character of goods making up the con- 
 sideration, we may judge that he did not abuse the 
 confidence of the ''untutored," for there are lists of 
 the articles given to two of the unbusiness-like ones. 
 Misleading is any attempt to contrast the present 
 values of a suburban plateau and a gun; for at that 
 time, the Indians had plenty of plateaux and few guns.
 
 Acquisition and Distribution of the Land. 73 
 
 Nor were those who sold at once shut out of the region 
 sold: it seems that when the land was actually taken 
 by settlers, these former owners were allowed to have 
 their residence — the village and corn-patches — on part 
 of what had been made a Proprietary manor. 
 
 By the course of the early officials, Dutch, Swedish, 
 and English, and of the Quaker pioneers in dealing 
 with the savages, not only was peace secured for the 
 settlers, but also, at a price which it paid the European 
 to give, and the Indian to take, land was allotted to 
 civilized man, who, except in the surreptitious promo- 
 tion of drunkenness, was useful to the uncivilized. 
 
 The land within the bounds of the King's grant not 
 held by white men, and not still claimed by Indians, 
 Penn undertook to sell or lease, or to cutivate by his 
 own laborers. 
 
 In his first prospectus aforesaid, Some Account Set., 
 he named as the consideration for a sale a principal 
 sum and, in addition thereto, an annual quit rent start- 
 ing after 1684. This disproves as far as concerns most 
 of the quit rents the statement, made by the Assembly 
 of 1755, that the quit rents were sprung upon the first 
 purchasers, and were acquiesced in only upon Penn's 
 statement that they would take the place of taxes for 
 a salary to him as Governor. It is true, as will be 
 shown, that there arose a question about quit rents, 
 but only those upon lots in the City. 
 
 An old act of Parliament, beginning with the words 
 "Quia emptor es terrarum," had directed that when 
 owners of land in fee simple conveyed a piece in fee 
 simple, the purchaser should hold feudally of the lord 
 of whom the seller had held, but King Charles II, in 
 the charter to Penn, authorized him and his heirs and 
 assigns, notwithstanding this, to sell in fee simple, and 
 retain feudal lordship of the piece sold. They were 
 especially authorized to erect parcels of the territory 
 into manors, and to hold courts baron or views of frank-
 
 74 Chronicles of Pennsylvania. 
 
 pledge, and to grant estates to be held of such manors. 
 More than this, the Proprietaries could interpose sub- 
 ordinate barons between themselves and the actual 
 owners of the plantations; for the Proprietaries' li- 
 cense could authorize the purchaser of land in fee from 
 them similarly to erect it into a manor, and to hold such 
 courts within it, and to grant in fee simple to be held 
 of such manor; but on all further or other alienations, 
 the lands were to be held of the lord of whom the 
 alienor had held them. In spite of the last mentioned 
 restriction upon subinfeudation, the Supreme Court of 
 Pennsylvania, after the American Eevolution, decided 
 that the statute Quia emptores was never in force in 
 Pennsylvania, and that our ordinary "ground rents," 
 as we call them, are services incident to feudal tenure. 
 William Penn granted the power to hold manorial 
 courts to the Free Society of Traders, whose 20,000 
 acres he erected into the manor of Frank, and to Dr. 
 Nicholas More, whose 10,000 acres were to be called 
 the manor of Moreland. The license to More was dated 
 Aug. 21, 1682. There is a tradition that More built a 
 jail, no doubt for joint use with the Society of Traders, 
 he being President of the Society. Besides these and 
 the tracts reserved for the Proprietary himself, over 
 which, of course, he could hold court, there were several 
 blocks of 10,000 acres, and even some smaller ones, 
 subsequently laid out as manors for certain of his rela- 
 tions. Against them and his wife's brethren, the Pen- 
 ingtons, he did not enforce a certain article of the 
 Conditions, hereinafter mentioned, dated July 11, 1681, 
 viz: that no purchaser of over one thousand acres 
 should have more than one thousand in one tract, un- 
 less he planted a family on every thousand within three 
 years. Nor did Penn or these relations or connections 
 suffer the loss of location by violation of another 
 article, viz: that every one should plant, or man, his 
 surveyed land within said period, or be obliged to move
 
 Acquisition and Distribution op the Land. 75 
 
 off on being reimbursed the cost of the survey. The 
 Assembly of 1755 thought Penn himself within the rule : 
 and he and the others probably put settlers upon these 
 tracts ultimately. Every tract of 10,000 acres belong- 
 ing to one owner came to be spoken of as a manor ; and 
 it is likely that Penn contemplated erecting as such, 
 when peopled, even the tracts of that size of persons 
 outside of his family : witness his direction in 1701 for 
 a license of that kind for the Growdons ' 10,000 acres or 
 even for Joseph Growdon's 5000. In a deed of 1685 
 to Eneas Mackpherson alias Chatone of Inveressie in 
 Scotland, esquire, for 5000 acres, the Proprietary 
 erected them into a manor to be called the manor of 
 Inveressie, with power to hold manorial courts; but 
 claim under this deed, being made for the first time to 
 the later Penns, was rejected. 
 
 William Penn, no doubt, could have gotten a quick 
 return by "unloading" large shares of his province 
 upon wealthy acquaintances, such, for instance, as those 
 who were Proprietors of East Jersey, under whom 
 great tracts might long lie waste, or upon those who 
 would give considerable money to be local barons, who 
 would make the colony less attractive to a poor man. 
 Penn's great purpose, however, in obtaining a large 
 territory and freedom to govern it, was to plant a 
 colony, not to engage in real estate speculation. He 
 surely hoped for some profit in the end ; but the vision 
 of a commonwealth based upon his ideas dominated 
 his proceedings. Not merely was it to be a refuge for 
 those oppressed on account of religion, although as such 
 it would attract many, and particularly those with 
 whom he had most influence, but it was to flourish with 
 an industrious population. Not to interfere with the 
 opportunities of such, he, in August or September, 1681, 
 refused £6000 — more than half the principal of the 
 Crown's debt to his father — for 30,000 acres and a 
 monopoly of the Indian trade from the Delaware to
 
 76 Chronicles of Pennsylvania. 
 
 the Susquehanna, he to have, moreover, two and a half 
 per cent of the profits of the trade. The Free Society 
 of Traders had no such monopoly. Penn's first thought 
 was to sell one hundred " shares," as he called them, 
 of his land, each containing 5000 acres, and to let as 
 much as he could to renters in lots not exceeding 200 
 acres, adding 50 acres for transporting a servant, and 
 granting 50 acres to the servant at the expiration of 
 the term of service. Very soon, however, the size of 
 the lots to be sold was varied, and, in the sales of over 
 550,000 acres, made before 3mo. (May) 22, 1682, a tract 
 was in some instances as small as 125 acres, and, in 
 the majority of cases, less than 1000 acres. Besides 
 Nicholas More, the greatest purchaser before May 22, 
 1682, was William Bacon of the Middle Temple/ He 
 did not remove to Pennsylvania, but soon sold his 
 10,000 acres in pieces. Some blocks of 10,000 acres 
 were purchased respectively by two or more persons, 
 so that the process of division began at once; while, 
 with the large holdings, the descent to a number of 
 owners, and the tempting prices early obtainable 
 through the development of the country, brought about 
 a break up or curtailment. Dr. More died in 1687 ; his 
 widow, Mary, who married John Holmes, died in 1694. 
 The death of two of the Doctor's children, Samuel and 
 Rebecca, without issue tended to the concentration of 
 the property, but, under an Act of Assembly of 1694 
 authorizing sale for benefit of the family, the ''Green 
 Spring" plantation, on which stood the dwelling-house 
 (near Somerton, Philadelphia), was sold in the follow- 
 ing year, and the heirs disposed of nearly all the other 
 land before 1720. 
 
 The estates of the Society of Traders were sold by 
 trustees appointed by an Act of Assembly of March 2, 
 1722-3. The tract of 7700 acres in Chester County, com- 
 prising the present township of Newlin, was bought 
 by Nathaniel Newlin, who, although an agriculturist,
 
 Acquisition and Distribution of the Land. 77 
 
 had apparently no intention of keeping so much after 
 opportunities to sell at sufficient profit. He reduced 
 the tract somewhat, and, dying in 1729, left the balance 
 to be divided among a number of children. The re- 
 membrance of a baronial court seems involved in the 
 notion of residents of the locality some generations 
 later that the Newlins would ' ' some day come back and 
 take away our liberties." 
 
 After Perm's return to England from his first visit 
 to America, he made some large sales. Through some 
 of these, Joseph Pike, a prominent Quaker of Cork, 
 Ireland, who never resided in the Province, became 
 owner of more than 25,000 acres, most of which he and 
 his heirs kept throughout the period of this history. 
 In 1699, four Londoners, probably all Quakers, viz: 
 Tobias Collett, citizen and haberdasher, Michael Rus- 
 sell, citizen, mercer, and weaver, Daniel Quare, watch- 
 maker, and Henry Gouldney, linen draper, who with 
 their associates were commonly known afterwards as 
 the London Company, bought from Penn nine lots in 
 the City of Philadelphia and certain tracts and also 
 60,000 acres to be laid out as they might desire, 5000 
 acres however to be in each of the three manors of 
 Highlands, Gilberts, and Rockland, and a single tract 
 to be in the vacant land of each township, together with 
 the proportion of liberty lots, if any vacant, to which 
 they would have been entitled had they been purchasers 
 under the first Concessions. Most of this great acreage 
 was soon surveyed. None of the owners came to Penn- 
 sylvania, although the sales did not dispose of every- 
 thing until very late in the Colonial period. 
 
 By the Conditions and Concessions agreed upon 
 between Penn and his first purchasers, and dated July 
 11, 1681, he was to retain for his own use 10,000 acres 
 out of every 100,000. The great feature of these tracts, 
 or, as they were called, "tenths" or "manors," was 
 that they were withdrawn from sale at the current
 
 78 Chronicles of Pennsylvania. 
 
 price; and afforded the Proprietary the opportunity 
 to reap, like the neighbouring purchasers, a profit from 
 the appreciation of real estate in the particular dis- 
 trict. William Penn at first did not take his full num- 
 ber of "tenths"; but, particularly as new regions were 
 opened to settlers, Proprietary manors continued to 
 be laid off until about the beginning of the American 
 Eevolution. 
 
 Upon the assumption that one acre of wild land was 
 as valuable as another, Penn made all the sales in the 
 earlier years at the rate of £100 principal for 5000 
 acres clear of Indian claim, subject to the quit rent of 
 Is. for every 100 acres. Such ground as differed much 
 from the rest could, if poorer, by William Penn's fair- 
 ness, or, if better, by his successors' shrewdness, or 
 that of his or their agents, be excepted by survey as 
 Proprietary manors. Outside of the manors, the price 
 for frontier land asked by the Proprietaries or their 
 agents seems to have been always uniform, although 
 raised from time to time. 
 
 Penn's first method of disposing of land was to con- 
 vey, on receipt of the purchase money, a certain quan- 
 tity of unlocated acres by a lease for a year, and a 
 release in fee dated the next day after the lease, and 
 to have those acres laid out and surveyed under the 
 direction of his Surveyor-General, and then to grant 
 by letters patent the located land according to metes 
 and bounds. 
 
 The releases, probably executed at the same time as 
 the lease, expressed the tenure, from William Penn his 
 heirs and assigns as of the seigniory of Windsor, and 
 reserved a quit rent to them, and contained a covenant 
 that they, at times appointed in and by certain con- 
 stitutions or concessions, would clear and discharge the 
 land from all Indian title or claim, and that Penn or his 
 heirs or assigns would execute all other acts and con- 
 veyances provided for in such concessions. The pur-
 
 Acquisition and Distribution of the Land. 79 
 
 chasers covenanted to have the release enrolled within 
 six months after the establishment of a registry in the 
 Province. 
 
 As a rule, in the releases dated prior to Penn's first 
 visit to America, and in some dated while he remained 
 there, it was stipulated that the land should be laid out 
 according to the Conditions and Concesssions under 
 date of July 11, 1681, agreed upon between Penn and 
 "the adventurers and purchasers." The latter, includ- 
 ing those who by Penn's releases were made parties 
 to said agreement, are known as ' ' the first purchasers. ' ' 
 The Conditions and Concessions required the establish- 
 ment of public highways and streets before the allot- 
 ment of particular lands to the respective purchasers, 
 and provided that in the allotment two per cent of each 
 purchase, if the ground permitted, should be within the 
 great town or city contemplated as a capital, and 
 ninety-eight per cent in the rural district. When such 
 a city was decided to be impracticable, a district was 
 set apart as the city's "liberties" to contain the two 
 per cent, and the city proper took the small dimensions 
 which it kept until 1854, viz: from the north side of 
 Vine to the south side of South street, and from the 
 Delaware to the Schuylkill. Penn gave to the holders 
 of liberty land city lots proportionate in value and in 
 addition thereto; but he did not divide the whole city 
 of even nine tenths of it among these purchasers. The 
 lots conveyed to them, like those sold later were sub- 
 jected to a quit rent of appropriate amount, which 
 thus increased what the first purchasers had agreed to 
 pay for land partly in the great town and partly in 
 the country. By some general assent like that obtained 
 in ' ' the sense of the meeting, ' ' this was arranged after 
 Penn had made the city lots larger than he laid them 
 out at first. 
 
 The name Philadelphia, which Penn gave to the city, 
 had been rather a usual one for certain religious soci-
 
 80 Chronicles of Pennsylvania. 
 
 eties or an ideal community from its signification, 
 "brotherly love": and the fashion, rather than Penn's 
 being struck by the name in reading the Bible, probably 
 induced his choice. Penn's city was laid out before 
 Aug. 16, 1683, the plan being described in the Short 
 Advertisement or Account printed with Penn's letter 
 of that date. Along the top of the bank on each river 
 was the Front Street, called either Delaware Front or 
 Schuylkill Front and from river to river was a street 
 one hundred feet wide called High, while at right angles 
 with it, and midway between the two rivers, was an- 
 other street one hundred feet wide. Streets fifty feet 
 wide were projected parallel with one or other of the 
 aforesaid wide streets. Upon the intersection of the 
 wide streets was placed a public square, described as 
 ten acres, for public buildings, while four other pieces 
 of ground were left open as public parks like the Moor- 
 fields of London. The great difference from the present 
 arrangement of the principal streets was in there being 
 twenty-three streets running north and south instead 
 of the present twenty-two in the same space, and in the 
 Broad Street of those running north and south being 
 the twelfth from either river. The lots on each of said 
 Front Streets ran back to the second street from the 
 river, but the lots on High Street did not run as far as 
 the next street north or south. All these lots or an 
 undivided share therein were given to the purchasers 
 of 1000 acres or more. The Society of Traders took a 
 strip from Delaware Front to Schuylkill Front, causing 
 the elevated ground over which it extended about 
 Delaware 2nd and Pine to be known as ' ' Society Hill. ' ' 
 Along the back streets were the lots for those who had 
 purchased less than 1000 acres. Hardly had the scheme 
 of streets and parks been adopted, and Holme's map 
 of the province showing this been published, before 
 the width of Delaware 12th street was changed. The 
 patent dated Aug. 3, 1692, to the Society of Traders,
 
 Acquisition and Distribution of the Land. 81 
 
 reciting a resurvey, gives the property from Delaware 
 Front, on which it extended from Spruce to Pine, 
 thence along Spruce and Pine 320 ft., and, narrowing 
 on the north to the width of 366 ft., and of that width, 
 to Schuylkill Front, bounded on the south by Pine, and 
 this patent described the block between the 2nd and 3rd 
 streets from each river as 495 ft., and all the other 
 blocks as 396 ft., except that between Delaware 13th and 
 Broad, which block was 520 ft., the west side of Broad 
 being 396 ft. from the east side of Schuylkill 8th. 
 Probably the moving of the northwestern and south- 
 western parks about two blocks westward was contem- 
 poraneous with the aforesaid rearrangement of streets. 
 
 The bank of the Delaware from high water mark to 
 Front Street was intended to be left unoccupied except 
 by wharves, Penn leasing in 1684 for fifty years a lot 
 to Samuel Carpenter for the latter purpose. However, 
 some of the caves had been extended and roofed, and 
 it took some time to make the cave-dwellers go away; 
 after one or two had made terms to retain the better 
 specimens of such structures, "bank lots," as they were 
 called, began to be granted in fee, the buildings thereon 
 being restricted to a height not obstructing the view 
 from the western side of Front Street. The quit sent 
 for a bank lot was not, like the other quit rents, to re- 
 main fixed, but was to be increased at the end of every 
 period of fifty-one years to one third of the rental 
 value as then ascertained by an appraisement. 
 
 A large part of the city remained unsold until the 
 divesting of the Penn estates, when the Commonwealth 
 of Pennsylvania began disposing of the lots not taken 
 up, in many cases whole blocks. The quit rents on city 
 lots, like those on rural property not within the Pro- 
 prietary manors, were abolished by the Divesting Act, 
 as will be mentioned. 
 
 In the rural district of the Province, according to 
 the aforesaid Conditions of 1681, any persons whose
 
 82 Chronicles of Pennsylvania. 
 
 combined purchases amounted to 5000 or 10,000 acres 
 could have their plantations placed side by side as a 
 township, and if possible on harbors or navigable 
 rivers, and the list dated 3, 22, 1682, arranged the 
 purchasers in groups of 10,000 acres; but the map of 
 the lots as placed, probably with the consent of the 
 purchasers who had arrived, does not correspond with 
 this, although showing a division into townships. 
 
 A general warrant was issued by Penn under the 
 date, 3, 22, 1682, to Thomas Holme, the Surveyor-Gen- 
 eral, to survey the lots for the purchasers in the list of 
 that date. He accordingly cut up the available land 
 outside of the city and Liberties, so as to place the 
 tracts containing ninety-eight per cent of every pur- 
 chase. The location was adhered to when these first 
 purchasers or their representatives came to seat them- 
 selves, except as they exchanged their locations, or 
 incurred forfeiture under the Conditions, or the bound- 
 aries were altered after ascertainment that they gave 
 too many acres. Holme's map of Pennsylvania, after 
 he had inserted tracts not in the first list given to him, 
 but sold since, was printed in 1687. 
 
 In 1690, Penn issued a circular for the sale of the 
 region along the eastern side of the Susquehanna, free 
 of Indian title, and with a proportionate lot in a city 
 to be built on that river. The project, although once 
 or twice revived, never was carried through. 
 
 Except for the lots in the first list given to Holme, 
 Markham, who was authorized to set out, survey, rent, 
 or sell lands, and the Commissioners who were in- 
 trusted with laying out the city, and afterwards Penn 
 himself and his successors and his or their authorized 
 agents issued a special warrant to the Surveyor-Gen- 
 eral, or, if there was none, to a county surveyor, to 
 survey in a particular place each lot agreed for. This 
 warrant, which was as to many lots the second docu- 
 ment necessary for a good title, was in many cases the
 
 Acquisition and Distribution of the Land. 83 
 
 first, the later Penns and their agents not executing 
 deeds of lease and release. The warrant was duly re- 
 turned with a description as ascertained by survey. 
 
 The patent, or deed poll of confirmation made letters 
 patent, was signed in the absence of the Proprietary 
 by Commissioners duly appointed by him, or, when 
 there were none, then usually by the Lieutenant-Gov- 
 ernor under a general letter of attorney authorizing 
 him to make grants on the terms, methods, rents, and 
 reservations used in the Land Office. The necessity for 
 delivery of possession, or "livery of seisin," had been 
 obviated. The patent otherwise followed feudal forms. 
 The land was to be held of the Proprietary and his 
 heirs and assigns as of a certain manor; what was 
 within or adjoining Philadelphia or its Liberties, for 
 instance, being granted to be held as of the manor of 
 Springettsbury. The tenure was to be by fealty. The 
 quit rent was expressed. 
 
 When William Penn departed from Pennsylvania, 
 at the end of his first visit, he commissioned Thomas 
 Lloyd, Robert Turner, and James Claypoole to grant 
 warrants, and issue patents. Lloyd and Turner will be 
 often mentioned in this book. James Claypoole had 
 been a merchant in London. He was brother of the 
 John Claypoole who married Oliver Cromwell's 
 daughter. On llmo. 21, 1686, Markham, then Secretary 
 of the Province and Proprietary's secretary, was com- 
 missioned with Thomas Ellis and John Goodson to 
 exercise those powers. An order, dated three days 
 later, required any two of them to dispose of any tracts 
 in Pennsylvania already taken up, but lying vacant and 
 unseated, and most likely to give cause of discourage- 
 ment to those ready to seat the same. Certain excep- 
 tions and time of grace were allowed in executing this. 
 
 A very annoying right was retained by the Proprie- 
 tary so long as a patent had not been issued, viz : that 
 of correcting wrong measurements; and this was de-
 
 84 Chronicles of Pennsylvania. 
 
 puted to these early Commissioners. They could re- 
 survey lands back of five miles from the navigable 
 rivers, and were to keep for the Proprietary's use and 
 disposal all overplus found by resurvey, where there 
 had not been a final grant or a patent. 
 
 Under date of 2mo. 16, 1689, Penn appointed Mark- 
 ham, Turner, Goodson, and Samuel Carpenter as 
 "Commissioners of Propriety (sic)," and to act in 
 the nature of a court of exchequer for collecting rents, 
 and auditing the Eeceiver's accounts. James Harrison, 
 as steward, had collected the rents, but Blackwell, the 
 Governor, was made Receiver. Besides the forfeiture 
 for not putting people on the land, and that for wrong 
 measurement, there was, until the passage in 1693 of 
 an act of confirmation, a forfeiture for not recording 
 deeds. There was little complaint against these Com- 
 missioners or Penn, who superseded them by his second 
 visit, either as to the distribution of lots or the for- 
 feitures; but the alteration of metes and bounds by 
 resurvey, even when fairly conducted, was deemed a 
 hardship. In 1700, Penn and his freemen in Assembly 
 agreed upon a law not only for quiet enjoyment of lands 
 seated by virtue of patents and warrants under the 
 Crown of England before Penn's charters, but also that 
 all lands duly taken up by warrants pursuant to pur- 
 chases from the Proprietary, or issued under any com- 
 mission or power granted by him, except when obtained 
 by fraud or deceit, or when interfering with others ' just 
 claims, were to be enjoyed by the possessor and his 
 heirs and assigns according to the warrants, and that, 
 even where no patent had been granted, peaceable pos- 
 session for seven years after peaceable entry under the 
 warrant was to give a title to such lands in such quan- 
 tity as they had been taken up for. It was also enacted 
 that future grants from the Proprietary were to be 
 under the great seal, and to give an absolute title not 
 to be shifted by resurvey: former grants under broad
 
 Acquisition and Distribution of the Land. 85 
 
 or lesser seal were to be good for the quantity of land 
 named therein, but the land could be resurveyed within 
 two years after the publication of the law, and the 
 excess over the stipulated number of acres, after allow- 
 ing four per cent for difference of surveys, and six 
 per cent for roads, should belong to the Proprietary, 
 the possessor having the refusal at reasonable rates, 
 to be agreed upon by two arbitrators chosen by each 
 side, any three fixing the price, or saying where the 
 excess should be taken off, and any deficiency should 
 be made up by the Proprietary according as he re- 
 ceived overplus land. 
 
 The legislation, again passed in 1701, was not suffi- 
 cient to satisfy the people. When the last Assembly 
 chosen during Penn's second visit had convened, and 
 he, in his speech, had offered to join in some suitable 
 provision for the safety of the people in privileges and 
 property, a number of citizens of Philadelphia pre- 
 sented a petition calling attention to grievances, and in 
 a few days the House appeared before him with a re- 
 quest that twenty-one items be embodied in a charter. 
 He protested that some of these concerned matters not 
 cognizable by an Assembly, being matters between him 
 and the individuals with whom he had dealt; and, 
 standing on his rights, he explained that he must avoid 
 making a precedent for control of his property by the 
 law-making power, lest there be a Governor distinct 
 from and independent of the Proprietary, as was threat- 
 ened by a bill in Parliament. 
 
 However, he substantially satisfied the Assembly on 
 some points ; for instance, he allowed hunting and fish- 
 ing on one's own land, and on that of the Proprietary 
 not taken up, and that fees, if such as would relieve the 
 Proprietary of the support of the Surveyor, Secretary, 
 and other officers, be fixed by law, or left to an action 
 of quantum meruit. On his promise to allow the ten 
 acres in one hundred only for the purposes mentioned
 
 86 Chronicles of Pennsylvania. 
 
 in the law, the Assembly pressed for a clearing up of 
 misunderstanding, so that the allowance for roads and 
 highways be made whether the lands had been already 
 or were yet to be taken up. In a Bill of Property 
 subsequently sent up by the Assembly, there was a 
 clause making him supply deficiencies found on resur- 
 vey. He objected that he had never intended to be 
 debtor where the ground was not to be had; but, as it 
 was thought unfair that those who had ten per cent 
 more than the deeds called for could keep it, while those 
 who had only two per cent overplus might have to be 
 content with that, he was willing to make up six per 
 cent overplus to all. This the House rejected; and the 
 law of 1700 and 1701 on the subject was not amended. 
 He ultimately included in the charter which established 
 a new Frame of Government the 5th item requested, 
 viz: that no person be liable to answer in any matter 
 of property before the Governor and Council, or else- 
 where than in the ordinary courts. In one of the 
 messages on this subject, the Proprietary said that he 
 alone was to decide disputes about unconfirmed prop- 
 erties. The 8th item of the request, reciting that he 
 had given the purchasers to expect their lots in the city 
 of Philadelphia as a free gift, asked that they be cleared 
 of the rents and reservations. To this he replied that 
 the first purchasers present at the allotment seemed 
 readily to agree to what was done, and had received 
 more than double the frontage first promised: if those 
 who had signed the petition to the Assembly would 
 return the difference between 50 ft. and 102 ft., he 
 would "be easy in the quit rents." The 9th item was 
 that the city back of the built up portion remain open 
 as common until the respective owners be ready to 
 build, and the islands and flats near the city be left for 
 the inhabitants to gather winter fodder. He said that 
 it was a mistake to think the fourth part of the city 
 reserved for such as were not first purchasers belonged
 
 Acquisition and Distribution of the Land. 87 
 
 to anybody but himself, but he was willing temporarily 
 to lay out some land for the accommodation of the resi- 
 dents ; yet the islands and flats had nothing to do with 
 the city. Similarly he agreed that the bay marshes be 
 as common until disposed of; this being in answer to 
 the 16th item, that such marshes be commons, which 
 proposal he took as "a high imposition," and which the 
 Assembly did not press : whereas the Assembly adhered 
 to the 8th and 9th items. The 13th item went so far 
 as to ask that the land not taken up in the Lower 
 Counties be disposed of at the old rent of a bushel of 
 wheat a hundred. He justly replied that it was un- 
 reasonable to limit him in what was his own, or deprive 
 him of the benefit of an advance in value which time 
 would give to other men's property. Yet the Assembly- 
 men thereupon voted that they "humbly move the Pro- 
 prietor would further consider it as proposed. ' ' To the 
 20th item, that the quit rents be redeemable, he said: 
 "If it should be my lot to lose a public support, I must 
 depend upon my rents for a supply, and therefore must 
 not easily part with them ; and many years are elapsed 
 since I made that offer that was not accepted." The 
 Assemblymen unanimously adopted a retort that they 
 humbly moved that "he would further consider it in 
 regard to his former promises and their dependence 
 thereon." On all these points, notwithstanding some 
 conferences, he did not yield: the power being in his 
 hands, the disposing of land was not changed. 
 
 On leaving the Province, at the end of that visit, Penn 
 commissioned Edward Shippen, Griffith Owen, Thomas 
 Story, and James Logan or any three of them to grant 
 lots, and make titles &ct. 
 
 The law of 1701 was repealed by the Queen in Council 
 on February 7, 1705-6, before the business of resurvey- 
 ing and settling for errors could be finished. Another 
 act on the subject, passed in 1712, was repealed at the 
 close of the following year. Very little more legislation
 
 88 Chronicles of Pennsylvania. 
 
 followed, and the disposal of all unsold land was prac- 
 tically in the hands of the Commissioners appointed by 
 the Penns until the oversight was taken by one of the 
 family coming to Pennsylvania. Except when those 
 managing the Proprietaries' property were acting 
 under letters of attorney from the mortgagees or under 
 the powers conferred by William Penn's will, a regular 
 course of procedure was followed, and rules precluding 
 favoritism were observed. In later times, the Lieu- 
 tenant-Governor presided over the Board of Property, 
 exercising any discretion usually according to the ad- 
 vice of the Secretary. Under that title, the chief man- 
 agers from 1701 until the American Revolution were 
 successively James Logan, Rev. Richard Peters, 
 William Peters, and James Tilghman. As the business 
 increased, the various executive duties were divided 
 among a Secretary, Surveyor-General, Receiver-Gen- 
 eral, Auditor-General, and Keeper of the Great Seal, 
 and the deputies or clerks of one or more of them, all 
 being known as the Land Office. 
 
 The holding by one or two men of not merely the 
 quit rents on land sold, but of the entire unsold land 
 within the boundaries of Pennsylvania was perceived 
 to conflict with or threaten the government of the 
 people, for the people, and by the people inaugurated 
 for the State at the American Revolution. So, on Nov. 
 27, 1779, the legislature of the new Commonwealth 
 passed what is known as the Divesting Act, taking away 
 or transferring to the State from the Proprietaries all 
 unsold land except what had been acquired by them 
 otherwise than as Proprietaries, and except what had 
 been surveyed to them as manors or parts of manors 
 prior to July 4, 1776 ; and also abolishing all quit rents 
 except those reserved out of land within the manors. 
 The Assembly had a free hand to confiscate or destroy. 
 The treaty of peace with Great Britain had not been 
 made: it prohibited for the future confiscations of the
 
 Acquisition and Distribution of the Land. 89 
 
 property of the Tories. The Assembly in the Act 
 showed after all a kindly spirit. It was impossible to 
 compensate the Penns with any equivalent: but, lest 
 John Penn, son of Thomas, and John Penn, son of 
 Eichard, reduced to the position of well-to-do gentlemen, 
 were not sufficiently provided for, there was voted to 
 the heirs and representatives of Thomas and Eichard 
 Penn, deceased Proprietaries, the sum of £130,000 stg., 
 payable after the end of the war. The money was duly 
 paid and accepted. In consideration of the loss not 
 thereby covered, the British government for over one 
 hundred years paid to the representative of the Pro- 
 prietaries an annuity of £4000, and then commuted it 
 for a principal sum.
 
 CHAPTER IV. 
 
 The Red Neighbours. 
 
 The Lenni Lenape, or Delawares, and early pur- 
 chases from them — Penn's Great Treaty: time, 
 place, and some of the participants — Subsequent 
 deeds — Further account of the Delawares until 
 1701 — The Iroquoian Five Nations — The Minquas, 
 or Susquehannocks , or Andaste — Dealings to ac- 
 quire for Penn the Susquehanna Valley — Eecog- 
 nition of the Five Nations as Subjects of England 
 — The Pascatoways, or Ganawese, or Conoys — 
 The Shawnees — Treaty of 1701 with Minquas, 
 Shawnees, Ganawese, and Emperor of Onondagas 
 — New York Treaty with Five Nations for peace 
 with all the English colonies — The Nanticokes — 
 The Tuscaroras — Small expense of intercourse 
 with Indians. 
 
 The extensive literature on the subject of those com- 
 monly called the aborigines of the northern part of the 
 United States, particularly the Handbook of the Ameri- 
 can Indians North of Mexico, which is Bulletin 30 of 
 the American Ethnological Bureau, obviates any need 
 of filling these pages with an account of the ideas or 
 customs of that fraction of mankind, or the movements, 
 except in a limited time and space, of the political or 
 family divisions thereof. Various tribes or parts of 
 tribes had relations with the Colony of the Penns dur- 
 ing the period of this history, some of them separated 
 by language as widely as the Latin and Teutonic Euro- 
 peans. Most of the dialects have been grouped as 
 Algonquian or Iroquoian, and whoever spoke one of 
 these as his forefathers' tongue has been called an
 
 The Red Neighbours. 91 
 
 Algonquin or Iroquois, from the names of certain small 
 tribes with whom the French came early into contact. 
 It is more phonetic in English to spell the former name 
 Algonkin, and more scientific to speak of the other 
 group as the Huron-Iroquois, because the Hurons, al- 
 though constantly at war with the Five Nations, were 
 their kindred. 
 
 Between those tribes where the "untutored" of one 
 could to some extent talk with those of another, it is 
 hard to state the exact degree of relationship, owing 
 to the occasional adoption of a conqueror's language, 
 and owing to the figurative use of the titles "Fathers," 
 "Uncles," "Brothers," "Cousins," &ct. Even when 
 not dependent upon forefathers' tradition among such 
 illiterate people, but set down by Europeans living near 
 the time and place of events, Indian history presents 
 great difficulties in the exaggeration in the talk of such 
 poetic children of the forest, and the doubtfulness in 
 identifying tribes migrating far, and designated by the 
 French, Dutch, Swedes, English, Algonquins, and Iro- 
 quois respectively by names not always the transla- 
 tion, phonetic equivalent, or corruption of those given 
 by others. Mere similarity of names may mean at most 
 similarity of characteristics or of the natural features 
 of place of residence. The variations in the following 
 pages in the spelling of the names of individuals will 
 show the difficulty the English scribes had in catching 
 and representing the sound, how often soever repeated 
 to them. 
 
 As the pioneers of Virginia had to face Algonquins 
 forming the Powhatan confederacy, and the New Eng- 
 enders had to face Algonquins called Pequots, Narra- 
 gansetts, &ct., the Europeans in the intervening land, 
 except those who contemporaneously saw the Susque- 
 hannocks, came into contact with Algonquins first as 
 far as known. These Algonquins were such as spoke 
 of themselves as Lenni Lenape (in some dialects Nenni
 
 92 Chronicles of Pennsylvania. 
 
 Nenape or Renni Renape, 1 and n and r being alternat- 
 ing letters), but the English called them Delawares, 
 after the English name of their southern river or its 
 bay. Howard M. Jenkins, in Pennsylvania Colonial and 
 Federal, has given quite a description of these Indians. 
 The reader will find annotated with a translation and a 
 vocabulary what purports to be their epic, the Wolam 
 Olum, in Dr. Daniel G. Brinton's The Lendpe and their 
 Legends. 
 
 With the northernmost Delawares, the people of the 
 stony land or mountains, spreading to the Catskills, 
 this history has little to do, although their name, Minsi 
 or Munsey (hence Muncy), was preserved through later 
 Colonial times. Their totem was the wolf. The French 
 called the Delawares who went in the 18th century to 
 the northwestern part of Pennsylvania "Loups," either 
 because the advance guard of the Delawares crossing 
 the Alleghany Mountains had that animal as their 
 totem, or because they were classified with the Mo- 
 hicans, an Algonquin tribe, formerly of New England, 
 but afterwards mostly dwelling near the Delawares, the 
 name Mohican resembling the Algonquian word for 
 wolf, although Brinton suggests a different meaning. 
 To the middle group, the dwellers in or about south- 
 eastern Pennsylvania, was given the name Unami, evi- 
 dently represented in maps and records by Armewamen 
 and Ermewarmoki; while the southernmost Lenape 
 were called Unalachtigo, of which name some have seen 
 Nanticokes as a form. As the Delawares have been 
 spoken of in tradition as a confederacy, they may have 
 been the Atquanachukes — in other words, confederates 
 or mixed people — appearing northeast of the Chesa- 
 peake in Captain John Smith's map, while possibly a 
 mixture of the subdivisions of the Delawares may have 
 been the Aquauachuques, or Aquanachuques, in New 
 Jersey in Nicholas J. Visscher's map, published before 
 1660.
 
 The Red Neighbours. 93 
 
 There was a tradition that, some time in the 17th 
 Century, the Delawares were tricked by the Iroquois 
 of the Five Nations into assuming the position of 
 women, that is acting as peacemakers, and so becoming 
 non-combatants. Eshleman would fix the date about 
 1617. The evidence for the story does not necessarily 
 cover other Delawares than the Minsi; and against it, 
 and particularly against an early date, Jenkins shows 
 that down to 1680 the Minsi were holding their own 
 against the Five Nations, and he suggests that the sub- 
 mission to the latter probably took place soon after- 
 wards, as the result of defeat, although the form of ac- 
 cording them an honorable rank may have been fol- 
 lowed. 
 
 Certain small tribes which appear to have been, or 
 have been proved to have been divisions of the Dela- 
 wares, lived before the time of this history in what is 
 now the state of Delaware and the Pennsylvania coun- 
 ties of Delaware, Chester, Philadelphia, Montgomery, 
 and Bucks. Various items concerning them seem in- 
 consistent with their being in subjection to any Iroquois 
 nation, or even being non-combatants. Capt. John 
 Smith placed on the extreme east of his map, within 
 what is now New Castle County, two villages, Chicka- 
 hokin to the south, and Macocks to the north. The 
 Chickahokin, or Chickelaki, have been supposed to have 
 been then or afterwards about where Wilmington now 
 stands. The Ockanickon Indians in 1679 (Penna. 
 Archives, 2nd Series, Vol. VII, p. 854) claimed to be 
 chief owners of the land near the Falls of the Delaware. 
 Both names, Chickahokin and Ockanickon, sound like 
 Okehocking, the name applied to certain Indians who 
 removed from their settlements near Ridley and Cram 
 Creeks before lOmo. 15, 1702. On that date, a warrant 
 was issued to survey for Pokias, Sepopawny, Mutta- 
 gooppa and others of the nation 500 acres of the Pro- 
 prietary's land near the head of Ridley Creek, formerly
 
 94 Chronicles of Pennsylvania. 
 
 Griffith Jones's (Willistown Township, Delaware Co.), 
 as promised by the Proprietary before his departure 
 in 1701, the said 500 acres to revert to the Proprietary 
 upon said Indians leaving it. Before 1737, the tribe 
 removed to the Swatara Creek. 
 
 On the south hook of South River Bay (land about 
 Lewes) in 1630, there were Indians represented by 
 Quesquaekous, Eesanques, and Siconesius, if, indeed, 
 these were not tribal names. The three designated by 
 those names acknowledged a sale having taken place 
 in the preceding year to Samuel Godyn of land on the 
 south side of the Bay from Cape Henlopen to the mouth 
 of the South River. In 1677, the Emperor of the Nan- 
 ticokes excused himself from delivering Krawacon, who 
 had been called a Gassoway Indian, to the Governor of 
 Maryland, by stating that Krawacon belonged to the 
 King of Checonnesseck, a town on Whorekill. 
 
 The Narratives of Early Pennsylvania, West Jersey, 
 and Delaware, edited by Albert Cook Myers, give us 
 contemporary mention from 1633 to 1638 of not only 
 the Minquas, to be spoken of in another part of this 
 chapter, but also the Sankitans, and the Indians from 
 Red Hook, or Mantes, and the Armewamen, or Arme- 
 wanninge, evidently the same as the Ermewarmoki, 
 of which Armewamen Zee Pentor was a sachem in 1634, 
 we being left to infer that the Minquas had caused the 
 others to retire to the eastern side of the River and 
 Bay; while Nicholas J. Visscher's map of New Nether- 
 land &ct. indicates about 1655 the spreading of these 
 others far into what is now New Jersey. 
 
 Amandus Johnson, in his Swedish Settlements on the 
 Delaware 1638-1644, tells us, from contemporary writ- 
 ings, that on March 29, 1638, certain peace sachems, 
 acting for the Lenni Lenape entitled, sold to the Swed- 
 ish Florida Company the land from Duck Creek to 
 the Schuylkill. In 1640, Indians, undoubtedly Lenni 
 Lenape, sold the west bank of the Delaware from the
 
 The Red Neighbours. 95 
 
 Schuylkill to the Falls, opposite the present Trenton. 
 The Mantas, whom Johnson suggests to have been the 
 Minquas, but who are called in the Maryland records 
 Mathwas or Mattawass and ' ' Delaware Indians, ' ' soon 
 afterwards claimed from Wychquahoyagh, or Wicacoa 
 (afterwards Weccacoe, about Washington Avenue, 
 Philadelphia), to the aforesaid Falls, and two of their 
 chiefs Siscohaka and Mechekyralames, conveyed it. 
 The sachems at Passyunk were mentioned some years 
 before 1654, when that locality was stated to be the 
 principal abode of those Lenape with whom the Swedes 
 had to deal. It was from "Pesienk" that Kekerappan, 
 hereafter mentioned, and others dated on Oct. 8, 1681, 
 their request for the resumption of the sale of liquor 
 in Pennsylvania. 
 
 The Maryland records tell us that Pinna, "King of 
 Picthanomicta in Delaware Bay," on behalf of "the 
 Passayonke Indians, now under his command," made 
 peace with Maryland in 1661. In 1669, a league between 
 that Province and the Mathwas nation was expected to 
 be renewed by Capt. Carr, then at the New Castle 
 colony, or, as it was called, "Delaware," and said 
 treaty was to embrace with the Maryland Province its 
 Indian confederates on the eastern shore near Chop- 
 tank. The records further say that in 1677 the Matta- 
 was "or Delaware Indians" — probably only a certain 
 tribe of the Lenni Lenape — were embraced in a treaty 
 of peace made by the representatives of Maryland with 
 the Five Nations. 
 
 It was from the Unami Delawares that the English 
 bought whatever Pennsylvania land south of the Water 
 Gap and east of the watershed they acquired from 
 Indians. Mamarikickan, Aurichton, Sackoquewan, and 
 Nanneckos by deed of Sep. 23, 1675, conveyed to 
 Edmund Andros to the use of the Duke of York in fee 
 the land on the west side of the Delaware River from 
 a creek next to Cold Spring, somewhat above Matinicum
 
 96 Chkonicles of Pennsylvania. 
 
 Island, about eight or nine miles below the Falls, to a 
 point equally far above the Falls, or to some remark- 
 able point as a landmark, and all islands in front except 
 the one commonly called Peter Alricks's Island. 
 
 By bargain arranged with Markham, a number of 
 Indians, including two of the aforesaid four, under date 
 of July 15, 1682, and Aug. 1, 1682, conveyed to Penn 
 and his heirs and assigns forever the eastern end of 
 the present Bucks County, or, as William W. H. Davis 
 in his History of Bucks County, says, "all of the town- 
 ships of Bristol, Falls, Middletown, Lower and the 
 greater part of Upper Makefield, Newtown, and a small 
 portion of Wrightstown, the line running about half a 
 mile from its southern boundary. ' ' Part of this was in- 
 cluded in the deed to Andros for the Duke of York, 
 which outstanding title was assigned to Penn by the 
 confirmation which the Duke made of King Charles's 
 charter. In this Indian deed of July 15, 1682, were 
 included islands in the Delaware. The consideration 
 was not merely beads, paint, tobacco, and liquor, with 
 some money, but also guns, axes, kettles, glasses, hoes, 
 awls, saws, knives, scissors, needles, &ct., powder and 
 shot, blankets and clothing — enough to make it worth 
 the savages' while to alter the range of their roaming, 
 enough to be a foretaste of the newcomers' fairness. 
 
 We learn from James Logan's speech to Sassoonan 
 on Aug. 13, 1731, that, when Penn first arrived in the 
 country, he promptly called together the chief men 
 among the Indians, and explained his coming with a 
 number of persons by leave of the King of England 
 to settle among them, and that all should be brothers : 
 a league of friendship was made, and the Indians 
 offered their land for the settlers, but Penn insisted 
 upon buying it. Sassoonan said that he was a little lad 
 when Penn came, but remembered that Penn went up 
 to Perkasie, and met the Indians, and proposed buying, 
 and Menanget, Hetkoquean, and Tammany were pres-
 
 The Red Neighbours. 97 
 
 ent, and offered to give the land to him. Thus we find 
 taking place at Perkasie (in Bucks Co.) the first of the 
 conferences for making Penn's celebrated treaty with 
 the Indians ; a treaty primarily for the transfer of land, 
 but often referred to by red men, and very famous in 
 history, for the promises then exchanged, and in Penn's 
 lifetime unbroken, of everlasting friendship between the 
 races. The older members of the tribe seem to have 
 perceived the advantage of white men with their goods 
 and utensils being introduced into the neighbourhood : 
 but we can conclude that time was allowed to consult 
 those not present. Instead of the treaty being com- 
 pleted, as has been supposed, in 1682, no deeds from 
 the Indians to Penn appear to have been made until 
 June 23. A second, if it was not a third, conference was 
 held in May, 1683. The date is fixed from the following 
 evidence. The Provincial Council on May 24, 1683, ad- 
 journed to June 6. In connection with the boundary 
 dispute and the interviews mentioned in Chapter II 
 between the two Proprietaries, Penn speaks in his letter 
 of Aug. 14, 1683, to the Lords of the Committee for 
 Trade &ct. as having been disappointed about meeting 
 Lord Baltimore until May, when Baltimore sent mes- 
 sengers to give Penn notice to meet him at the head of 
 the Chesapeake: "but then," that is too late to reach 
 the Chesapeake on the day fixed, Penn was, he says, 
 "in treaty with the kings of the Indian nations for 
 land : ' ' however, three days later, he came across Lord 
 Baltimore ten miles from New Castle, and took him 
 back to that town, and entertained him, and on the fol- 
 lowing day they discussed business a little, and sepa- 
 rated. These discussions with Lord Baltimore, includ- 
 ing that on the day when Penn met him, took place on 
 May 29 and 30 (Considerations on Penn's Answer to 
 Talbot's demand, in Maryland Archives); hence the 
 session with the Indians must have ended a day or so 
 before May 28, 1683, if not on that very day. On the 
 
 7
 
 98 Chronicles of Pennsylvania. 
 
 20th of June, the Provincial Council adjourned until 
 the 26th. On the 23rd, eleven Indians signed or wit- 
 nessed deeds, apparently in pursuance of the treaty in 
 question, the deeds perhaps having taken some time to 
 prepare. The proceedings of the final session, which 
 must have taken place on June 23 or within two days 
 before, are described in Penn's letter of August 16 to 
 the Society of Traders. He says that the Indian King 
 asked that the Indians be excused for not complying 
 with Penn l ' the last time, " as it was the Indian custom 
 to deliberate and take up much time in council, but if 
 the young people and owners had been as ready as 
 himself, there would not have been so much delay. The 
 bounds and the price were then spoken of, the price 
 being ten times what it would have been previously. 
 When the purchase was agreed upon, Penn says, "great 
 promises past between us of kindness and good neigh- 
 bourhood, and that the Indians and English must live 
 in love as long as the sun gave light." Two of the 
 Indians present on June 23 lingered until the 25th, and 
 were among the five witnesses when another Indian 
 signed a deed. The deeds of July 14 indicate that those 
 at the treaty who had bargained for a specific quantity 
 of articles, sent four sachemakers to receive them, and 
 make deeds on that day. 
 
 As to the place of one or both sessions of the con- 
 ferences, it is not known how late the locality known to 
 the Dutch and English by the Delaware name Shacka- 
 maxung or Shackamaxon, meaning "place of the 
 Shackamakers," continued to be a meeting-ground; but 
 it is in that part of the present City of Philadelphia 
 that tradition has located the making of the treaty. 
 John F. Watson, in his Annals of Philadelphia, after 
 other evidence, quotes Judge Peters to the effect that 
 Benjamin Lay, who came to Philadelphia in 1731, and 
 could have heard from those who had spoken with eye- 
 witnesses, used to visit a certain large elm tree, in the
 
 The Red Neighbours. 99 
 
 district, and speak of it as at the site. A monument 
 now marks where the tree stood, by the east side of the 
 present Beach Street above East Columbia Avenue. 
 
 Of those Indians present at the Great Treaty, the 
 names of seventeen are disclosed, as signers or wit- 
 nesses of the deeds of June 23 and June 25, 1683. 
 
 The best known of the seventeen, and, in fact, of all 
 Delawares is Tammany, or, more correctly, Tamanen 
 (spelt also Taminent), whose virtues James Fenimore 
 Cooper has perhaps exaggerated, and whose name with 
 the prefix ''Saint" is borne by a political organization, 
 of which a wag may say that the totem is a tiger. It 
 is not to be presumed, however, that Tamanen was the 
 presiding ' ' King, ' ' or the speaker, mentioned in Penn 's 
 account of the conference. Tamanen with Metamequan 
 claimed on June 23, 1683, only a piece of ground on the 
 Neshaminy towards the Pemmapecka (Pennypack) 
 smaller than the piece of Essepenaike and Swanpees; 
 but, by 1697, Tamanen had acquired greater authority, 
 for in that year, he, as a sachemaker, joining with We- 
 heeland, his brother, and Weheequeckhon, alias Andrew, 
 who was to be King after Tamanen 's death, Yaqueck- 
 hon, alias Nicholas, and Quenamequid, alias Charles, 
 Tamanen 's sons, confirmed all land between said creeks 
 from the River Delaware ' ' as far as a horse can travel 
 in two summer days," even between straight lines be- 
 yond where the creeks forked. 
 
 Menangy, or Menanget, whose presence at Perkasie 
 when Penn spoke there to the Indians has been men- 
 tioned, appears as Menane, a witness to two of the 
 deeds of June 23, 1683. 
 
 The Hetkoquean spoken of as being at Perkasie, 
 evidently the same as Hithquoquean and Heteoquean, 
 was an important chief, about the time of Penn's 
 second visit. He would seem to have been the Idquo- 
 quequon who was one of the grantors of the eastern 
 end of Bucks County, and the Icquoquehan who joined
 
 100 Chronicles of Pennsylvania. 
 
 Secane on 5, 14, 1683, in conveying the land lying, ac- 
 cording to the Archives, along the west side of the 
 Schuylkill beginning at Conshohocken and "thence by 
 a westerly line" to Chester Creek. Hittoken, as the 
 scribe set down the name of a witness to a deed of June 
 23, was clearly Hetkoquean. 
 
 Prominent as Menangy and Hithquoquean after- 
 wards became, the most important grantors known to 
 have been at the Treaty besides Tammany, were Esse- 
 penaike, Swanpisse, and Sahoppe. There are several 
 mistakes in the printing in Penna. Archives, 1st Series, 
 Vol. I, of the deed of Aug. 1, 1682, for the eastern end 
 of Bucks County and its endorsement. The original 
 is preserved by the Historical Society. The name of 
 one of the right owners, misprinted "first owners," of 
 certain land is not Eytepamatpetts, but Essepamar- 
 hatte, evidently the same as Essepenaike. Essepenaike 
 and Swanpisse conveyed their share, greater than 
 Tamanen's, on the Neshaminy on June 23, 1683; and 
 Essepenaike came again in September to witness 
 Kekerappan's deed, and was also one of the sache- 
 makers and "right owners" who, in 1685, conveyed 
 all the land from Chester Creek to Duck Creek, extend- 
 ing in depth from the Delaware as far as a man can 
 ride in two days with a horse. Swanpisse, or Swan- 
 pees, was one of those who conveyed to Penn before 
 the latter 's arrival the eastern corner of Bucks County, 
 bounded on the south by the Neshaminy, besides being 
 so important a personage on the other side of that 
 stream. Sahoppe, or Enshockhuppo, or Shakahoppoh, 
 was another who joined in the deed for the eastern end 
 of Bucks County. He witnessed deeds of June 23, 1683, 
 and shortly afterwards his jurisdiction extended across 
 both the Neshaminy and the Pennypack back of the 
 Jericho and Conshohocken range; he joining in one 
 grant from Chester Creek to the Pennypack and also 
 in a grant from the Pennypack to the Delaware above
 
 The Red Neighbours. 101 
 
 the Jericho Hills, which latter grant gave rise to the 
 notorious Indian Walk, to be mentioned in a later 
 chapter. Richard, or Mettamicont (the Indian name 
 being sometimes written Metamequan), joined in one 
 deed, and witnessed two others, of June 23, 1683, and 
 surrendered his land on the Delaware on both sides of 
 the Pemmapecca, or Pennypack, a year later. 
 
 Kekerappamand (misprinted as Peterappamand), 
 who joined in the aforesaid endorsement dated Aug. 1, 
 1682, was evidently Kekerappan (misprinted in body 
 of deed with 1 for r), described as of Opasiskunk, evi- 
 dently Passyunk, who made a deed on 7, 10, 1683, for 
 the half on the Susquehanna side of all his lands be- 
 tween the Delaware and the Susquehanna, promising 
 to sell on returning from hunting in the following- 
 Spring the other half as reasonably as other Indians 
 had sold ' ' in this river. ' ' This he seems to have done, 
 in part at least, by joining in 1685 in the conveyance 
 of the land on the Delaware from Chester Creek to 
 Duck Creek. 
 
 Machaloha, whose deed to Penn of October, 1683, is 
 in bad preservation, and who also joined in the con- 
 veyance of the land from Chester Creek to Duck Creek, 
 rather exceeded Kekerappan in claims, being called, in 
 October, 1683, owner of the land on Delaware Bay, 
 Chesapeake Bay, and up to the Falls of the Susque- 
 hanna River. He seems to have been the same person 
 as Ocahale, or Owehela, living afterwards on the 
 Christiana, and, if so, is one of the few Delaware sache- 
 makers whom Penn saw who can be traced for more 
 than about five years. 
 
 In 1685, four Indians, including some before men- 
 tioned, conveyed to Penn by bargain with Surveyor- 
 General Holme both sides of the Schuylkill above Con- 
 shohocken from Chester Creek to the Pemmapecka as 
 far northwestwardly as two full days journey, and thir- 
 teen other sachemakers and right owners, three of 
 
 LTBRA.RY 
 
 TJNTVEPSTTY OFT't TT ^OPNIA 
 SANTA BARBARA
 
 102 Chronicles of Pennsylvania. 
 
 whom have just been named, conveyed the west side of 
 the Delaware from Chester Creek to Quing Quingas, 
 or Duck Creek, backwards ' ' as far as a man can ride in 
 two days with a horse." 
 
 Apparently, such Delawares as were represented by 
 the before-mentioned sachemakers could migrate or 
 make peace or war as they pleased until about the time 
 of Penn's second visit, and then bodies not small enough 
 to be overlooked probably agreed to pay tribute to the 
 Five Nations. Any earlier "conquest" left them quite 
 autonomous. 
 
 A considerable number, rather from the central part 
 of the land which had been bought by or for Penn, i.e. 
 from nearest the capital town or its liberties, had moved 
 up the Schuj^lkill to within the present limits of Berks 
 County by the beginning of 1690, Capt. Cock and others 
 then going thither to reassure the "chief sachem of our 
 Indians" of the good intentions of the Pennsylvanians. 
 Menangy, who was among the Delawares about to be 
 mentioned as waiting upon Markham in 1694, was at the 
 time, or became soon afterwards, the head of the In- 
 dians on the Schuylkill. 
 
 Within a few years after the purchase of the land 
 between Chester and Duck Creeks, Penn, writing from 
 England, if not, indeed, his Commissioners at the time 
 of the purchase, regranted, for at least temporary occu- 
 pancy, a mile on each side of the Brandywine from the 
 mouth up to the forks, and thence up the west branch 
 to the head. On 7, 5, 1691, six Indians, of whom the 
 names are hard to identify with those printed as sign- 
 ing the deed of 1685, acknowledged receipt of full pay- 
 ment for the land between Chester and Duck Creeks 
 "according to a certain deed signed by us unto William 
 Penn," and the minutes of 7th month 19, say that on 
 said 5th of the month, the Indians, after being paid, 
 desired that the Brandywine Creek might be opened 
 in order that the fish could go up, according to the
 
 The Eed Neighbours. 103 
 
 contract with the Proprietary, and thereupon a letter 
 was sent to the County Court at New Castle to take 
 course according to law. The writing which the 
 Indians alleged to have made the grant was destroyed 
 in the burning of a cabin, and there was no copy. In 
 1706, on the Indians insisting that the grant was of 
 absolute ownership forever, the Commissioners bought 
 from them the lower part of the strip, as far as a 
 certain rock on the west branch in Newlin Township 
 for 1001. , paying down 731. In 1725, Checohinican, or, 
 Checochinican, was a leading sachem in the neighbour- 
 hood. In that year,- several of the tribe appeared before 
 the Assembly, and claimed part of the tract formerly 
 of the Society of Traders, bought by Newlin, and Gov- 
 ernor Keith issued an order for the demolition of 
 certain dams and weirs interfering with the fishing. 
 In 1726, the Land Commissioners, on further complaint, 
 paid the balance of the 100Z., and gave Newlin some 
 land in exchange. A law about this time was passed by 
 the Assembly of the Lower Counties for keeping the 
 dam of the mill on said Creek in New Castle County 
 open during the fishing season, authorizing the Sheriff 
 to throw down the dam: in March, 1727, on complaint 
 of the Indians, the Sheriff was ordered to carry out the 
 law. Up the stream, Indian privileges required atten- 
 tion in 1729 : Checochinican complained, that, contrary 
 to a writing by Newlin agreeing not to disturb the 
 Indians, the land had been sold, and they were forbid- 
 den to use the timber for building some cabins, and fur- 
 ther that the town at the head of Brandywine had been 
 surveyed for James Gibbons and others, who were ex- 
 pecting a conveyance from the Commissioners of Prop- 
 erty. This would indicate that some of the tribe had gone 
 as far as the present Honeybrook Township. J. Smith 
 Futhey and Gilbert Cope, in their History of Chester 
 County, have located an Indian village in the present 
 Wallace Township, where Indiantown School House
 
 104 Chronicles of Pennsylvania. 
 
 stood when they wrote: they also say that another 
 Indian village was on the north side of the west branch 
 near the line of the Society's land, and that there Indian 
 Hannah, last of her race in the County, dwelt for many 
 years. Watson says that she died in 1803, nearly one 
 hundred years old, and that about the time of the Revo- 
 lutionary war she with the rest of her family, Andrew, 
 Sarah, and Nanny, were living in Kennet. 
 
 In 1694, when the Onondagas and Senecas sent to 
 the Delawares asking them to be "partners with them" 
 in fighting the French, Hithquoquean, Shakhuppo, 
 Menanzes, Tamanen, and Alemeon (possibly Alaenoh, 
 witness to one of the deeds of June 23, 1683), and also 
 Mohocksey, who may have been a king of the Lenape 
 in New Jersey, came with other Delawares and two 
 Susquehanna chiefs to see Lieutenant-Governor Mark- 
 ham; and Hithquoquean, on behalf of the Delawares, 
 announced their resolve to live as a peaceable people, 
 being but weak and very few in number. The Onon- 
 dagas and Senecas had, in the message, reproached the 
 Delawares with the very thing which tradition says 
 that the Five Nations had long before that time imposed 
 upon them, viz : doing nothing but staying at home and 
 boiling the pots like women. The Lieutenant-Governor 
 commended the visitors for not engaging in war with- 
 out the advice and consent of Governor Fletcher, who, 
 on his visit to Philadelphia for aid against the French, 
 had secured some money, but had permitted the people 
 of the Province to stay at home to defend it. The 
 Delawares were assured that Governor Fletcher would 
 take care that the Senecas should do them no injury on 
 account of their refusal. 
 
 In 1697, a considerable body of the Delawares, enu- 
 merated as 300 men, — the small number of persons in 
 any Indian nation must surprise the uninformed, — were 
 tributary to the Susquehannas and Senecas around 
 about Conestoga. Fifty were at Minquannan, men-
 
 The Red Neighbours. 105 
 
 tioned as about nine miles from the head of the Elk 
 River, fifteen miles from Christeen, and thirty miles 
 from Susquehanna, and the rest of the body on Brandy- 
 wine and Upland Creeks. All, as well as the Susque- 
 hannas and Shawnees, were said to be inclined to 
 attach themselves to the government of Maryland, as 
 they hunted between the Susquehanna River and the 
 Potomac. The Delaware "King" offered that his 
 Indians, if perniitted to hunt between those rivers, 
 would watch the movements of the Naked Indians, or 
 Twightwees (Miamis). For some time, Owehela, or 
 Ocahale, appears as the most prominent Delaware 
 Indian on the Christiana. On Aug. 29, 1700, he, as 
 "Ocahale, King of the Delaware Indians," joined with 
 the King of the Shawnees, and with Indian Harry, 
 representing the King of the Susquehannocks, in a 
 treaty confirming former peace and amity with Mary- 
 land, making themselves answerable for injuries done 
 by other Indians to the inhabitants of that province, 
 and promising, upon damage done by neighbouring 
 Indians, to assist against them, and pursue, and, if pos- 
 sible, capture and bring them for the government to 
 deal with them. 
 
 There were Indians at Lechay, or Lehigh, during 
 Penn's second visit, who were probably Delawares. He 
 consulted Oppemenyhood of that place upon the law 
 prohibiting the sale of rum. 
 
 Penn during his second visit to America gave the 
 Delaware chief Heteoquean a belt to carry to the Five 
 Nations. Heteoquean died soon afterwards, and the 
 belt was not exhibited to the great men of those Nations 
 until 1712. 
 
 The early travellers from Europe to our Middle 
 States, proceeding into the interior, found a different 
 race of Indians. The Hudson and the Mohawk afforded 
 the Dutch traders access to villages inhabited by those 
 to whom the French were extending the name Iroquois,
 
 106 Chronicles of Pennsylvania. 
 
 and to whom in time they restricted that word. There 
 were five main tribes, called by themselves respectively 
 by a derivative of "the place of flint," "the rock set 
 up," "top of the mountain," "where locusts were 
 obtained," and "the great mountain." The English 
 of New York and Pennsylvania called them respectively 
 Maquas or Mohawks, Oneidas, Onondagas, Cayugas, 
 and Sinnondowannes or Senecas. The Marylanders 
 classed all as Cynegoes, or Senecas, or Jonadoes, just 
 as some of the Dutch had confused the various names 
 of these tribes. According to De Denonville (Penna. 
 Archives, 2nd Series, Vol. VI), writing in 1685, the 
 Sonontouans, as he called the Senecas, then outnum- 
 bered the four other tribes combined, the Anie 
 (Mohawks) having 200 fighting men; the Oneyoust 
 (Oneidas), 150; the Onontague, 300; the Goyoguoain 
 (Cayugas), 200: while the Senecas were reported to 
 have 1200. 
 
 Although certain of these tribes had continued to 
 make war independently of the others, the five long 
 before that year united in a confederacy, at first a loose 
 one, and are known collectively in English history as 
 the Five Nations, and more properly after 1712, when 
 the Tuscaroras were added, as the Six Nations. The 
 Onondagas had the precedency. At their castle was 
 held the great council, called from the place of meeting 
 "the Long House," in which much of such government 
 as there was among Indians became centralized. Yet 
 some "States rights," and even some conquered lands 
 and vassals belonged to particular tribes. 
 
 The use of guns, powder, and shot introduced by the 
 Dutch among the Indians of the Mohawk Valley gave 
 them a great advantage over enemies armed with bows 
 and arrows ; and the Five Nations started upon a career 
 of conquest, which their ferocity maintained after other 
 Europeans provided the neighbouring savages with
 
 The Bed Neighbours. 107 
 
 weapons, and which ended in the mastery of the interior 
 of New York and Pennsylvania. 
 
 The policy of the Dutch at New York of amity and 
 almost mutual aid and comfort with the Five Nations, 
 remained, after the acquisition of that region by the 
 English, the policy of the government there, so largely 
 did the Dutch families control Indian relations, if not 
 other affairs. This policy was necessary while the New 
 Englanders were engaged in crushing the Algonquins 
 in their vicinity ; and when it was becoming clear that 
 the Five Nations would dominate the border between 
 the Duke of York's possessions and Canada, it seemed 
 the sharpest politics to ally with the winning side. 
 
 Only straggling members of any of the five tribes 
 lived near the parts of Pennsylvania civilized before 
 Penn's death; but the earliest traders who went from 
 the Schuylkill and the Brandywine to the headwaters of 
 the Octorara and the Conestoga associated with certain 
 Indians of the same stock. To these and to all the 
 Iroquois, the Lenni Lenape applied the epithet Mingwe, 
 treacherous. Amandus Johnson, in his book already 
 quoted, gives the various forms ' ' Mingo, Minqua, Min- 
 quaes," &ct., in which this name was used by Swedes 
 and Dutch to denote the interior people with whom the 
 settlers on the Delaware came in contact. There Avas 
 a tribe called the ' ' White Minquas, ' ' and one called the 
 "Black Minquas," probably from their costume or 
 paint. If Sir Edmund Andros was correct as to the 
 relationship of the Susquehanna Indians and the Mo- 
 hawks, the latter would seem to have been the Black 
 Minquas, often no more friendly with the White Min- 
 quas than near blood relations sometimes are. Yet 
 the identity of the Black Minquas remains a puzzle: 
 they were sufficiently numerous in 1681 to be reported 
 as joining the Sindondowannes in war. The White 
 Minquas are supposed to have been those almost in- 
 variably meant by the simple word Minquas or Min-
 
 108 Chronicles of Pennsylvania. 
 
 goes, viz : the Indians whose chief seat was on the lower 
 Susquehanna during the days of the Swedes and Dutch. 
 On the probability that the occupants of the region had 
 not changed, H. Frank Eshleman in his "Lancaster 
 Comity Indians — Annals of the Susquehannocks Set." 
 has traced them from Capt. John Smith's first mention 
 of the Sasquesahanock in his Description of Virginia: 
 in fact, following A. L. Guss's Early Indian History of 
 Susquehanna, from Smith's mention of the Pacough- 
 tronack in his True Relation. As one guess at Indian 
 history is about as good as another, the hypothesis may 
 be here offered, accounting for some items to follow 
 later about the Pascatoways, that, as the syllable "pak" 
 in Algonquian conveys the idea of division or duality, 
 the name embracing it was used in the days of Smith 
 and others to denote the people of a dual empire, com- 
 posed of an Iroquoian and an Algonquian part, the 
 latter being dominant, and continuing after the seces- 
 sion of the former to be called by the name of the whole. 
 The dwellers on the Susquehanna, who were thus the 
 Iroquoian part, and who, Edmund Andros in 1675 said, 
 were "offsprings of the Maques (Mohawks)," were de- 
 scribed as Sasquesahannock, from Sasquesahanna, the 
 Algonquian name of the river, evidently by Algonquian- 
 speaking Indians on the Chesapeake and the Delaware. 
 Smith knew the great enemies of his Sasquesahanock 
 as Massowomekes, a name remarkably like Matta- 
 women, that of a tribe afterwards connected with the 
 Pascatoways : notwithstanding the usual identification 
 with the Five Nations, the Massowomekes may have 
 been the Pascatoways, long alternately lords and ene- 
 mies. The final emancipation from them appears to 
 have been after Lord Baltimore began the settlement 
 of Maryland. The Susquehanna Indians called them- 
 selves, or were called by their Iroquoian kindred Ganes- 
 togas, hence our word Conestoga, and even our word 
 "stogy" for a Pennsylvania cigar. It would seem from
 
 The Red Neighbours. 109 
 
 the creek now called Conestoga being so called in Her- 
 man's map that before its date their chief seat was 
 near there, and may have been that marked "fort de- 
 molished" on Chambers's survey (see George Smith's 
 Hist, of Delaware County). The Susquehannocks by 
 treaty of July 5, 1652, conveyed to the Marylanders the 
 land on the western side of the Chesapeake from the 
 Patuxent to Palmer's Island, and on the eastern side 
 from the Choptank to the North East branch which lies 
 north of the Elk, except Kent and Palmer's Island, be- 
 longing to Capt. Clayborne; both English and Indians 
 being allowed to build a house or fort on Palmer's 
 Island. In 1744, the Six Nations testified to the great- 
 ness of the Susquehannocks' empire by acknowledging 
 that the grantors in this deed of more than ninety years 
 before, had the ownership of the land of which they so 
 undertook to dispose. The printed Maryland Archives 
 and the printed Jesuit Relations mention continuously 
 the Indians living north of the land so conveyed, the 
 Maryland Archives always giving them the same name 
 as the great river, as did also the Duke's Governors of 
 New York, and the Jesuit Relations employing appar- 
 ently the Iroquoian name in the form, which may be a 
 slight modification, ' ' Andasto-eronnons " or "Andasto- 
 genronons." The element "roona" was a suffix for 
 the plural in Iroquoian. The village, or capital, ap- 
 pears in the Relations as "Andastogue." The records 
 of the Province of Pennsylvania use indiscriminately 
 all three names Mingoes (or Minquays), Susquehannas, 
 and Conestogas. For a long period, these Susque- 
 hannocks, often helped by Maryland, were victorious 
 in war against some of the Five Nations, the fortress 
 being moved to where Herman depicted it. Eshleman 
 quotes the Relations, Vol. 59, p. 251, to show that, about 
 1672, the Iroquois succeeded in subjugating the tribe 
 so much feared, or, in the words of the priest, "the 
 Sonnonlouaies have utterly defeated the Andaste, their
 
 110 Chronicles of Pennsylvania. 
 
 ancient and most redoubtable foe." The government 
 of Maryland seems to have forsaken them about this 
 time, punishing them for offences of which perhaps 
 none of them were guilty; and thus another Colony 
 than New York contributed to making the Five Nations 
 supreme as far as the Potomac. After a second defeat, 
 called an ' ' extermination, ' ' many Susquehannocks were 
 taken to live with their conquerors ; the relation before 
 long became that of friends, and the conquered were 
 believed to be stirring up the "Senecas" to depreda- 
 tions upon Maryland. The great war captain Har- 
 ignera, on the other hand, had saved a remnant. He 
 soon died, but his followers and other detachments were 
 for some time strong enough to menace the whites both 
 north and south of the Potomac. A considerable body, 
 revenging the murder of five principal chiefs at a peace 
 parley, raided Virginia, tomahawking the settlers, until 
 defeated by Nathaniel Bacon, whose assumption of 
 authority is called Bacon's Rebellion. A detachment 
 of those who had gone to Virginia and probably some 
 others went back to the old Susquehanna Fort, "sixty 
 miles above Palmer's Island," — pretty clearly the loca- 
 tion designated for the fort by Herman's map, — and 
 made submission to the "Senecas," but asked for peace 
 with Maryland. After various events, peace was made 
 between Maryland and the Five Nations and the Sus- 
 quehannocks under them; after which the number of 
 Senecas or so-called Senecas within what is now Lan- 
 caster and York Counties in Pennsylvania increased. 
 
 The Swedes had bought the claim of certain Minqua 
 chiefs as far as the Susquehanna River. To acquire 
 what had been beyond those chiefs' possessions or the 
 title or good-will of those who were their lords para- 
 mount, Penn in July, 1683 (see his letter to Brockles and 
 West, Penna. Archives, 2nd Series, Vol. VII, p. 3), sent 
 William Haig (called Wm. in the letter), to be accom- 
 panied by James Graham of New York, to treat with the
 
 The Red Neighbours. Ill 
 
 Mohawks and Seneca s and their allies for the land 
 fronting on the Susquehanna. According to Rev. Jean 
 de Lamberville 's letter of Jany. 31 following — the date 
 is Feb. 10, 1684, new style — the white people at Albany 
 worked upon the Indians, and through Oreouahe, the 
 Cayuga, circumvented the sale of the land of the con- 
 quered Andastogues (Penna. Archives, 2nd Series, Vol. 
 VI). The Indians had much contention as to one an- 
 other's rights, but appear to have agreed on one point, 
 and to have delivered sufficient answer, even before the 
 Indian Commissioners received a letter from the new 
 Governor of New York, written on September 18, by 
 the advice of his Council, to stop Penn's negotiations 
 until his boundaries should be adjusted. Thomas Don- 
 gan, who was the Governor, was, in everything con- 
 nected with these lands, guilty of treachery or double 
 dealing or at least vacillation. Canassatego said in 
 1744 at Lancaster that the Governor of New York had 
 advised the Five Nations to put the land into his 
 hands, instead of Penn's, and promised to keep it 
 for the Five Nations' use, but the Governor went away 
 to England, and sold it to Onas (a quill, the translation 
 of Penn, which they thought meant a goose's quill) for 
 a large sum of money, and, when they were minded to 
 sell Onas some lands, Onas said that he had bought 
 them from that Governor, but, on hearing how the Gov- 
 ernor had deceived the Five Nations, Onas paid them 
 for the lands over again. The Indians, making their 
 marks to a writing since lost, gave the Susquehanna 
 River, i.e. the valley of it, to Dongan, as he mentions to 
 Penn in a letter of October 10, 1683. In a letter of 
 October 22 to the same, Dongan speaks of a second 
 gift of the River from the Indians, adding "about 
 which you and I shall not fall out." What the Five 
 Nations intended, appears in the speech of the Onon- 
 dagas and Cayugas on Aug. 2, 1684, in the Town Hall 
 at Albany to Governor Dongan and Lord Howard of
 
 112 Chronicles of Pennsylvania. 
 
 Effingham, Governor of Virginia: ''You will protect 
 us from the French, which if you do not, we shall lose 
 all our hunting and bevers. We have put all our lands 
 and ourselves under the protection of the great Duke 
 of York ... we have given the Susquehanne 
 River, which we won with the sword, to this government, 
 . . . and will not that any of your Penn's people 
 shall settle upon the Susquehanne River ... we 
 do give you two white drest deer skins to be sent to 
 the great sachem Charles that he may write upon them 
 and put a great red seal to them that we do put the 
 Susquehanne River above the Washinta or Falls and 
 all the rest of our land under the great Duke of York 
 and to nobody else . . . and we will neither join 
 ourselves nor our land to any other government. . . . 
 You, great man of Virginia, we let you know that Great 
 Penn did speak to us here in Corlear's house" — the 
 Governor of New York was called "Corlear" — "by his 
 [Penn's] agents and desired to buy the Susquehanne 
 River, but we would not hearken to him nor come under 
 his government, and therefore desire you to be a wit- 
 ness ... we are a free people uniting ourselves 
 to what sachem we please." A note in the Documentary 
 History of New York says that the Falls were those 
 in the present Bradford County, Pennsylvania; but it 
 is evident that the claim of sovereignty extended as far 
 south as the Falls near the Conewago. 
 
 The fact that the Cayugas were the only nation join- 
 ing the Onondagas in this speech, and that about 
 thirty-five years later the Cayugas claimed the lower 
 Susquehanna, and that, moreover, the Mohawks, were 
 about the middle of the XVIIIth Century deemed to 
 have no share in the land further north sold by the 
 Five Nations, is not easily explained. It may mean 
 that the conquest of the Susquehannocks was chiefly 
 the work of the Cayugas, or in pursuance of their sup- 
 posed early rights.
 
 The Red Neighbours. 113 
 
 After the Duke of York had ascended the throne, 
 and then had fled from it, his friend Dongan, who had 
 become Earl of Limerick, transferred to Penn what 
 title Dongan had to the lands of the Seneca-Susque- 
 hanna Indians. Reciting his purchase from them of 
 land on both sides of the Susquehanna River with the 
 adjacent lakes from the head of the River to Chesa- 
 peake Bay, Dongan conveyed this to William Penn and 
 his heirs and assigns by lease and release dated Jany. 
 12 and 13, 1696. A few months after this, the Sus- 
 quehannas and Senecas at Carristoga (Conestoga) were 
 reported as forty young men besides women and chil- 
 dren. On 7mo. 13, 1700, Dongan 's release to Penn 
 having been shown to Widaagh, alias Orytyagh (Oret- 
 tyagh), and Andaggy-Junkquagh, styled "Kings or 
 Sachemas of the Susquehannagh Indians," they, in con- 
 sideration of some goods, and of Penn's former ex- 
 penses in making the purchase, deeded to Penn and his 
 heirs and assigns the Susquehanna River and its islands 
 and land on both sides of the river formerly the right 
 of the nation called the Susquehannagh Indians, or by 
 what name they were known, and confirmed the bargain 
 and sale made to Dongan. In July, 1721, Civility, "a 
 descendant of the ancient Susquehannah Indians, the 
 old settlers of these parts, but now reputed as of an 
 Iroquois descent," said that he had been informed by 
 their old men that they were troubled when they heard 
 that their lands had been given up to a place so far 
 distant as New York, and that they were overjoyed 
 when they understood William Penn had bought them 
 back again, and that they had confirmed all their right 
 to him. 
 
 James II having avowed his sovereignty over the 
 Five Nations, and undertaken to protect them, and they 
 having supported the English in the war carried on 
 by William III, recognition of those tribes as English
 
 114 Chronicles of Pennsylvania. 
 
 subjects was made by the French King in the following 
 sentence in the treaty of Ryswick : 
 
 Les habitans de Canada & autres, Sujets de la France, 
 ne molesteront point a l'avenir les cinq Nations ou 
 Cantons des Indiens soumis a la Grande Bretagne ni 
 les autres Nations de l'Amerique, amies de cette Cou- 
 ronne. (Du Mont's Corps Diplomatique.) 
 
 This gave the English the foundation of a claim that 
 the French had yielded, or recognized as belonging to 
 England, all the territory of the Five Nations and of 
 the tribes subject to them, such as the Delawares, Sus- 
 quehannocks, Ganawese, Pennsylvania Shawnees, and 
 the natives around Lake Erie. France, on the contrary, 
 about the time at which this history closes, insisted 
 that there was only a stipulation for the safety of per- 
 sons, and that the territory in question followed a 
 clause in the treaty surrendering to the parties what 
 each had before the war, and that France had then 
 owned, by right of discovery, all the land drained by 
 the Ohio and the Great Lakes. 
 
 Besides the Delawares, Susquehannocks, and Five 
 Nations, certain remnants or detachments of tribes, 
 nearly all of them Algonquian, were to be found within 
 Penn's boundaries before his death. The reader is 
 referred to Charles A. Hanna's compendious work, 
 The Wilderness Trail, for many items in the history of 
 all the Indians with whom our frontiersmen came in 
 contact, also for a presentation of evidence of much 
 that is here written, and for narratives of the adven- 
 tures of individuals, which, as mere local history, are 
 not mentioned here. 
 
 Hanna has said very little about the Pascatoways, 
 mentioned on a preceding page, as to whom some facts 
 must now be given. They are usually called in the 
 Pennsylvania records, Ganevi, Ganawese, or Conoys, 
 from the name by which they were known to the Five 
 Nations. The tribe is classed as Algonquian. Brinton
 
 The Red Neighbours. 115 
 
 would explain the derivation from the verb "pashk," 
 meaning in one Algonquian language "to divide," from 
 the old seat being on the Pascatoway, or Piscataway, 
 Creek, where an estuary of the Potomac may be said to 
 divide into that creek and Timber Creek. In the rapid 
 fluctuations of power among savages, these, whatever 
 their kinship, their locations, or their name, seem once 
 to have been a great nation. The Maryland Archives 
 furnish us with the statement of the Pascatoway 
 speaker in 1660 that the fourteenth or earlier King, 
 or Tayac, before the one then reigning, had come from 
 the Eastern Shore, and commanded all the Maryland 
 Indians and also the Patowmacks and Susquehannocks. 
 A Virginia record, telling of an expedition in the latter 
 part of 1623 against the Pascoticans and their associ- 
 ates, recognizes them as "the greatest people in these 
 parts." The expedition revenged a murder by the 
 Anacostans. The first settlers of Maryland found 
 apparently in control of the Patowmacks, and very 
 much what the leader of the Massowomekes of Smith's 
 time might have been, an Emperor, or Tayac, of Pascat- 
 oway, who could summon 500 men with bows, and 
 whose successor had a dominion of one hundred 
 and thirty miles, with inferior chieftains under him. 
 This people, Lord Baltimore took under his suzer- 
 ainty, confirming the succession of subsequent Tay- 
 acs. He made peace between the Pascatoways and 
 the Susquehannocks. Between 1660 and 1667, the 
 former seem to have included the Anacostanck, Doags, 
 Mikelwoman, Manasquasend, Mattawoman, Chingawa- 
 waterck, Nangemaick or Hangemaick, Portoback, Se- 
 cayo, Panyayo, and Choptico Indians. The Pascato- 
 ways, although reduced in number, and the Matta- 
 women turned to Maryland in her struggle with the 
 Susquehannocks in 1675 or 1676, and, after suffering 
 at the hands of the latter and the Senecas, the Pasca-
 
 116 Chronicles of Pennsylvania. 
 
 toways were embraced in the peace made by Maryland 
 with the Five Nations in 1682. 
 
 Apparently the Pascatoways immediately thereafter 
 united themselves as a tributary nation to the great 
 northern confederacy. When the English Revolution 
 took place, the Protestants in Maryland became suspi- 
 cious of the Indians, who had been friendly with the 
 Lords Baltimore. Various circumstances alarmed this 
 tribe, and caused the seeking of refuge. In 1697, the 
 Emperor and his followers were found between the two 
 mountain ranges of Virginia beyond the head of the 
 Occaquan River. Although the Maryland government 
 tried to induce them to return to that province, they, 
 after coming back to the Potomac River, went far 
 enough north to feel themselves within the boundaries 
 of the Quaker jurisdiction, and preferred to trust them- 
 selves as guests or tributaries of their old enemies, the 
 Seneca-Susquehannocks. Old Sack, chief of Conoy 
 Town, is rejDorted to have said in 1743 that his fore- 
 fathers came from Piscatua to an island in Potowmack, 
 and from there down to Philadelphia in William Penn's 
 time, and that, after their return from visiting Penn 
 at Philadelphia, they brought all their brothers from 
 Potomac to Conejoholo, — the land on both sides of the 
 Susquehanna for a number of miles was so called, — and 
 built a town on the eastern side, and afterwards moved 
 higher up to Conoy Town, the Six Nations — evidently 
 the Seneca s of the Conestoga region — saying that there 
 was land enough, and giving permission to settle any- 
 where about the Susquehanna. 
 
 It is possible that the variations or derivatives of 
 the Algonquian word for south or southern appearing 
 quite early as the name of a tribe, like Chawons on 
 Capt. John Smith's map, and Chowanoke in his 
 Description of Virginia, may not designate the same 
 nation which after 1688 was always meant by such 
 attempts to represent the sound as Savino, Sabber- 
 
 7
 
 The Red Neighbours. 117 
 
 nowle, Shevinor, Shawan, Shawanees, and finally 
 Shawnees in English, and as Chuans and Chauonons 
 in French. In Visscher's Dutch map before 1660, we 
 find Sauwanoos on both sides of the Delaware at some 
 indefinite distance above the Falls, agreeing with the 
 tradition of the Shawnees coming to Pennsylvania 
 before the time of this history, and of their occupying 
 Shackamaxon, as mentioned in Rev. John Hecke- 
 welder's Account of the History, Manners, and Customs 
 of the Indian Nations who once inhabited Pennsylvania 
 and the Neighbouring States. The Shawnees who 
 entered Pennsylvania in the period of these Chronicles 
 came from the south or southwest, the tradition being 
 that the nation was a branch of the Lenni Lenape which 
 had very early split off, and gone thither. About 1688, 
 there were Shawnee villiages on the Ohio and in Caro- 
 lina and one near La Salle's Fort St. Louis, as well as 
 probably some still on the Cumberland River, called by 
 the French geographer m 1718 "Riviere des anciens 
 Chaouanons," while he called the Savannah "Riviere 
 des Chaouanons ou d'Edisto." The proximity to the 
 French of the old homes of the Shawnees and the alli- 
 ance of various bodies of them with the French made 
 all members of the tribe within the English possessions 
 objects of suspicion. 
 
 A statement in Volume 8 of the Maryland Archives, 
 pp. 517 and 518, may mean that a party of Shawnees, 
 fleeing from the Twightwees, passed up the Susque- 
 hanna about 1687, and joined the Iroquois. The "Sat- 
 tanas" having been at war with the Five Nations, one 
 hundred warriors of the former went on a deputation 
 to the latter to make peace, and had reached the Dela- 
 ware River — Hanna says, probably near the Falls — by 
 August, 1692. Hanna, in the book which has been men- 
 tioned, shows how communication with the Province of 
 New York and settlement in New Jersey followed. It 
 is probable that the fear of the strange Indians called
 
 118 Chkonicles of Pennsylvania. 
 
 Shallna-roonas felt by the Schuylkill Indians in 1693 
 was owing to the movement of larger bodies than the 
 group which settled on the Susquehanna. Those 
 Shawnees who came to the western side of the Delaware 
 near the Water Gap about the time of, but indepen- 
 dently of, the Shawnee immigration to the Susque- 
 hanna, had lived in New Jersey. Whether or not Martin 
 Chartier, as Eshleman supposes, had been a trader on 
 the Susquehanna before 1692, it is clear that Chartier, 
 who had fled years before from Canada, and more re- 
 cently from Fort St. Louis, brought a band from the 
 Shawnee village near Fort St. Louis to the Chesapeake 
 in 1692; in which year the Susquehanna Indians and 
 some southern Indians, called, according to the record, 
 "Stabbernowles," claiming to be in league with the 
 Mohawks, who were friends of Maryland, asked per- 
 mission of the government of that province for the 
 Stabbernowles to settle on the lands of the Susque- 
 hannas, but were informed that the lands were within 
 the limits of Pennsylvania, but that Maryland, however, 
 would not disturb the Stabbernowles as long as they 
 lived peaceably. They continued there, a Maryland officer 
 in June, 1697, finding thirty "Shevanor" men, besides 
 women and children, living "four miles below Cones- 
 toga," paying tribute to the Susquehannas and Senecas, 
 and the Maryland Archives in 1696 and 1698 speaking 
 of that Province being at peace with the Shawnees. 
 In later generations, the officials of Pennsylvania had 
 no knowledge of any immigration of Shawnees prior 
 to 1697 or 1698, and did not distinguish those who came 
 at other times or to other places from those now about 
 to be mentioned. Lieutenant-Governor Gordon, in a let- 
 ter endorsed as having been written in December, 1731 
 (Penna. Archives, 1st Series, Vol. I, p. 302), said that 
 he had found by the records that, about thirty-four 
 years previously, numbers of Shawnees had come to 
 Susquehanna, and obtained leave first of the Cones-
 
 The Red Neighbours. 119 
 
 togas, and afterwards of Lieutenant-Governor Mark- 
 ham, to settle on Pecquea (Peqnea) Creek. As it was 
 said by another authority that sixty families came in 
 1698 to Conestoga, it is probable that a sufficient re- 
 inforcement came in that year to raise the Shawnees 
 in what is now Lancaster County to such number, and 
 perhaps the reinforcements came more directly from 
 the Cherokee country. Defeats by the Cherokees and 
 Catawbas had stopped the spread of the nation further 
 south. The coming to Pennsylvania has been reported 
 as a fleeing before one of these enemies. 
 
 The Shawnees about the lower Susquehanna and the 
 Conestoga Indians, or Seneca-Susquehannas, being on 
 the frontier, were molested both at their homes and in 
 the hunting grounds by the Naked Indians (Miamis, 
 or Twightwees). In the Fall of 1699, some runaway 
 servants, including a woman nearly related to a Twight- 
 wee King, were harbored by Conodahto, or Conno- 
 dagtoh, King of the Conestogas, and Mecallona, King 
 of these Shawnees. Mecallona conceived the project 
 of redeeming the woman from service, and sending her 
 to the Twightwees, as an act of kindness which must 
 result in peace. This was frustrated by certain white 
 men reclaiming the servants. The threats of bringing 
 a large force, and cutting off all the Indians under 
 Mecallona and Connodagtoh, not only brought about the 
 surrender of the runaways, but put the two tribes into 
 such trepidation that they did not plant corn the next 
 Spring, and they prepared to move. The petition of 
 the two Kings to Penn for favor and protection is dated 
 May 1, 1700, at Brandywine, where they got a white 
 man to write it, and is printed in Vol. I of The Penn 
 and Logan Correspondence, page 1. The heading is 
 correct, but in the body of the petition the name Savino, 
 i.e. Shawnee, is misprinted as "Gavino." Mecallona 
 may not have been the only king of these tribesmen; 
 for on Aug. 29, Ophesaw (Opessa), or, as he is called
 
 120 Chronicles of Pennsylvania. 
 
 in Penn's treaty the next year, Wopaththa, as King 
 of these Shawnees, joined the Delaware King and the 
 representative of the Susquehanna Indians in a treaty 
 of peace and alliance with Maryland. 
 
 The Proprietary of Pennsylvania was put in the 
 position of protector, guide, suzerain, and, moreover, 
 monopolizer of the trade of the Indians within two hun- 
 dred miles westward of the white settlements by a 
 treaty of April 23, 1701, between William Penn for him- 
 self and his heirs and successors, and the following 
 Indians for themselves and their successors and na- 
 tions and people, viz: Connodagtoh, described in the 
 Council Minutes as "King of the Sasquehannah Min- 
 quays or Conestoga Indians, ' ' but in the articles called 
 "King of the Indians inhabiting upon and about the 
 river Susquehannah in the said Province," and Wi- 
 daagh, alias Orettyagh, Koqueeash, and Andaggy Junk- 
 quagh, chiefs of the said nations, Wopaththa, King, 
 and Lemoycungh and Pemoyajooagh, chiefs, of the 
 Shawnees, and Ahookassoongh, brother of the Em- 
 peror, in behalf of the Emperor, i.e. the great King of 
 the Onondagas, and Weewhinjongh, Cheequittagh, Tak- 
 yewsan, and Woapackoa, chiefs of the Ganawese, 
 called in the articles "the nations of the Indians in- 
 habiting in and about the northern part of the River 
 Powtowmeck. ' ' There was to continue a firm peace 
 between the Christian inhabitants of the province and 
 the several peoples aforesaid, and no injury should be 
 done to any one on either side; the Indians were to 
 behave according to the laws of the government while 
 they lived near the white people, and were to have the 
 privileges and immunities of the laws, they acknowledg- 
 ing the authority of the Crown and the Provincial 
 Government ; they were not to aid, assist, or abet any 
 one not in amity with said Crown and Government; 
 both sides were to notify of all rumors of each others' 
 evil designs ; the kings and chiefs and their successors
 
 The Red Neighbours. 121 
 
 were not to allow any strange Indian nations to settle 
 on the western side of the Susquehanna or about the 
 Potomac other than those already seated, or bring other 
 Indians into the province without the consent of the 
 Proprietary; no person was to trade with the Indians 
 without a license under the hand and seal of the Pro- 
 prietary or his Lieutenants ; and Penn, his heirs and suc- 
 cessors were to take care to have the Indians ' ' furnished 
 with all sorts of necessary goods for their use at rea- 
 sonable rates;" the Potomac Indians aforesaid were 
 allowed to settle upon any part of the Potomac River 
 within the bounds of the province ; the Indians of Cones- 
 toga and upon and about the Susquehanna River, and 
 especially their said King, Connodagtoh, should be at 
 all times ready to confirm and make good the sale to 
 Penn, now ratified, of the lands lying near and about 
 the said River; and the Indians of the Susquehanna 
 were to answer for the behavior and conduct of the said 
 Indians, and for their performance of the articles; 
 Penn and his heirs and successors were to assist with 
 advice and directions — notice, not with arms — and, in 
 all things reasonable, befriend all said Indians behav- 
 ing as aforesaid, and submitting to the laws of the Prov- 
 ince. 
 
 The Shawnees of Pechoquealon in the region known 
 as Lechay (Lehigh), were not strictly a party to the 
 treaty of April 23, 1701, but made some overtures for 
 trade shortly afterwards, and seem to have been thence- 
 forth considered as embraced within the Proprietaries ' 
 guardianship, just as, when all Pennsylvania Shawnees 
 came to be within easier reach of one another, the 
 Five Nations appointed one viceroy or superintendent 
 over them all. 
 
 In accordance with Penn's suggestion, the Governor 
 of New York, making, in 1701, a treaty with the Five 
 Nations, made their promises of peace extend to all the
 
 122 Chbonicles of Pennsylvania. 
 
 other English Colonies as well as New York, and to the 
 Indian tribes within the respective provinces. 
 
 The Nanticokes, who appear in the records of Penn- 
 sylvania a few years later, were at this time in Mary- 
 land. They are called in subsequent New York records 
 Tochwoghs, the name by which they are mentioned in 
 Smith's Description of Virginia. The Wolam Olum of 
 the Delawares speaks of the Nentegoes as well as the 
 Shawanis separating from the rest of the nation in 
 early times, and going south. The Maryland Archives 
 mention various "Emperors" of the Nanticokes. The 
 Nanticokes who met Evans in 1707 understood English 
 so well that no interpreter was employed. They gave 
 the date of their peace with the Five Nations as twenty- 
 seven years before, although the Maryland records 
 speak of a war between them in 1681. 
 
 Among the tribes mentioned by John Smith were the 
 Kuskarawaoks about half way down the eastern shore 
 of the Chesapeake. They have not been supposed to 
 be the same as the Iroquois bearing the almost identical 
 name of Tuscaroras ; but if they were the same, could 
 they not have been the Black Minquas? The Tusca- 
 roras, about 1701, reached in the Carolinas the south- 
 ernmost point of their wanderings, and will be men- 
 tioned later. They had been enemies of the Shawnees. 
 
 The courtesies required at the Colony's hands by 
 the Indian tribes, mostly the interchange of visits in 
 which the Province gave more valuable presents than 
 it received, and the maintenance of the visiting Indian 
 families, were a small price to pay for peace. The 
 Proprietaries paying the expense of those meetings 
 which were for the purchase of land, the public outlay, 
 until the treaty in 1722 at Albany, was for many years 
 less than 50?. authorized in 1705 to be annually ex- 
 pended for treaties and messages.
 
 CHAPTER V. 
 
 The People. 
 
 The small number of Swedes and Dutch — The 
 Church of Sweden and its Ministers on the Dela- 
 ware and Schuylkill — Decline of Swedish families 
 in prominence — Welsh Tract — German Town — 
 French settlement in Chester County — Pennsyl- 
 vania practically a colony of Englishmen — Prepon- 
 derance of Quakers — Early Meetings for Business 
 — Philadelphia's oldest meeting-houses — Quaker 
 Ideas — Jews-harps — Benjamin West — Baptists — 
 Advantages of the Society of Friends and political 
 importance of its leaders — Previous social rank of 
 the settlers — Education among them — Penn's rela- 
 tives and his father's companions in arms — Mark- 
 ham and his family — Baron Isaac Baner, Lady 
 Newcomen, and James Annesley — Little recogni- 
 tion of Caste — No landed oligarchy — Sale of real 
 estate to pay debts — Distribution of inheritance — 
 Attractiveness of Penn's dominions as a place of 
 residence. 
 
 A few surnames and a few churches, now Protestant 
 Episcopal, are nearly all the vestiges in Pennsylvania 
 or Delaware of the colonization promoted by the House 
 of Vasa, and the name of the Schuylkill River is prac- 
 tically the only thing that has survived among us from 
 the time of the authority of their High Mightinesses, 
 the Estates General of Federate Belgium, or the United 
 Netherlands. Moreover, there lurks in our local speech, 
 as far as the author can recall, not a word, unless 
 brought into it much more recently, of the language of 
 the subjects of either of those two powers. The use
 
 124 Chronicles of Pennsylvania. 
 
 of English for colloquial purposes became a necessity 
 as soon as the immigration of Englishmen became 
 considerable, although Swedish survived in sermons 
 and church services for a good many years, and, in fact, 
 Dutch was reintroduced for such uses among those 
 whose grandfathers had spoken it. From the retire- 
 ment of Dutch officials after the final surrender to 
 England, until New Yorkers, in the days of Penn, be- 
 gan to come to Bucks County, there was scarcely a 
 Dutch family in the region now called Pennsylvania, 
 and so small a proportion were the Swedes and Dutch 
 of its population during the period of these Chronicles 
 that we might disregard those races, had they not been 
 strong in the region now called Delaware, and there- 
 fore of weight in the politics of Penn's dominion. 
 Although there was some influx of Englishmen both 
 before and after the Duke of York's deed to William 
 Penn, the greater part of the population of New Castle, 
 Kent, and Sussex Counties was of other nationality 
 than English at the Revolution of 1688, particularly 
 if Scotland was to be reckoned a separate nation. 
 There were even quite a number of Frenchmen. 
 
 Of the three races, Swedes, Finns, and Dutch, the 
 Swedes were greatly in the majority on Delaware Bay 
 and River. 
 
 The Swedish settlers and their children were not 
 dissenters from their National Church, which, although 
 classified as Lutheran, was, like the Church of England, 
 liturgical, presided over by bishops, and controlled by 
 the State ; nor had the Dutch any of those peculiarities 
 which separated some Anabaptists and the Quakers 
 from other Protestants. When language was not a 
 barrier, aliens who recognized the Bible as their Di- 
 rectory in faith and morals, not placing greater con- 
 fidence in the individual conscience, whose ministers 
 were trained, who took an oath when the magistrate 
 required it, whose leading men wore swords, and of
 
 The People. 125 
 
 whom the poorer men were ready to use pikes and guns, 
 were more congenial to the ordinary Englishman than 
 his Quaker compatriots. There will be mentioned the 
 likelihood of such an Englishman, at least before 1696, 
 attending the houses of worship established by the 
 Swedes, and partly maintained by the Dutch, where at 
 times there ministered an Anglican clergyman. 
 
 In the year with which this history begins, the 
 Swedes were assembling for worship at Tranhook on 
 Christiana Creek in New Castle County (church now 
 known as Holy Trinity, Wilmington), and on Tinicum 
 Island (church soon afterwards abandoned), and at 
 Weccacoe, for which the congregation afterwards built 
 the edifice now standing, dedicated July 2, 1700, known 
 as Gloria Dei Church (on Delaware Avenue above 
 Washington Avenue in Philadelphia). Rev. Jacob 
 Fabritius, living above Penn's capital town, and com- 
 ing down the river in a canoe, tended all the congrega- 
 tions, and even went into Maryland. He had been 
 blind since 1682, and was led about by some one who 
 preceded him with a staff. Acrelius says that this 
 dominie, by birth a German or a Pole, and called from 
 New York by the non-English whites on the Delaware, 
 preached mostly in Dutch. It may be supposed that 
 he was never one of the clergy of the country of 
 Sweden, although his Lutheranism was undoubted. 
 When he was not present at Tinicum, Andreas Bengt- 
 son (Andrew Bankson) read Moller's Postilla. 
 
 King Charles XI of Sweden, not in the exercise of 
 any superintendence over English subjects of Swedish 
 descent, but out of zeal for the Evangelical religion, 
 upon hearing of the need of ministers and books, sent 
 over the Rev. Andreas Rudman, Rev. Eric Tobias 
 Biorck, and Rev. Jonas Auren, who all arrived in June, 
 1697, when Rudman took the churches in Pennsylvania 
 proper. He was invested with a commissaryship or 
 vice-episcopal dignity, whereby, after he had given up
 
 126 Chronicles of Pennsylvania. 
 
 his charge in Philadelphia, he presided at the ordina- 
 tion there by himself, Biorck, and Sandel of Justus 
 Falckner on Nov. 24, 1703 (Sachse's German Pietists), 
 Rudman had, on July 19, 1702, preached his farewell 
 sermon in Weccacoe Church, in accordance with leave 
 to return home; but, after laboring among Lutherans 
 on the Hudson, he for some time served Anglican 
 churches in Penn's dominions, and he died in Phila- 
 delphia. He had been succeeded in his Swedish charge 
 by the Rev. Andreas Sandel, picked out by the Con- 
 sistory of Upsala, and ordained by Archbishop Ben- 
 zelius of that see. In Sandel 's time there were enough 
 Swedes and other Lutherans at Pennypack and Amas- 
 land and Kalcon Hook, as well as at Manatawny, as 
 about to be mentioned, for him occasionally to preach 
 at those places. When, in 1719, Sandel returned to 
 Sweden, the Rev. Jonas Lidman took charge of Wecca- 
 coe and Kalcon Hook; and the Rev. Samuel Hesselius, 
 of Neshaminy and Manatawny. Lidman, upon being 
 recalled, left his congregation in 1730 to the care, says 
 Acrelius, of Mr. John Eneberg, who was then preach- 
 ing for the Germans. Rev. Gabriel Falk, who came in 
 1733, was obliged to leave Weccacoe by being found 
 guilty of slander, and sentenced to heavy damages ; but, 
 retiring to Manatawny (of which name Molatton ap- 
 pears to be a variation), he for a number of years 
 served what has since been called St. Gabriel's, Mo- 
 latton (now the Protestant Episcopal Church at Doug- 
 lassville). Rev. Johan Dylander came to Weccacoe in 
 1737, and served until his death in 1741. During the 
 visits of Whitefield and Zinzendorf, the Church of 
 Sweden in Pennsylvania was badly broken up. After 
 the arrival of Muhlenberg — see a later chapter — there 
 was an attempt to unite the Swedes and the German 
 Lutherans ecclesiastically; but the Rev. Gabriel Naes- 
 man, who had been sent from Sweden as Dylander 's 
 successor, refused to join, as being subject to the Arch-
 
 The People. 127 
 
 bishop and Consistory of Upsala. Naesman was shep- 
 herd of the diminished flock in the year when this 
 history ends. Under his successors, the Swedish church 
 edifices and congregations of Pennsylvania became 
 three in number only: Gloria Dei at Weccacoe, and 
 what is now St. James's at Kingsessing, and Christ 
 Church in Upper Merion (Bridgeport). In Delaware, 
 there was Holy Trinity Church. An ecclesiastic called 
 "Provost," sometimes the minister at Holy Trinity 
 being appointed such, presided over all the Swedish 
 missionaries on the Delaware, and one of the arch- 
 bishops or bishops in Sweden had the general care of 
 the mission. Pastors were sent from Sweden until 
 after the American Revolution. When subsequent va- 
 cancies occurred, the congregations began calling 
 clergymen of the Protestant Episcopal Church of the 
 United States of America. 
 
 When the early purchasers from Penn arrived in 
 Pennsylvania, they found the choicest land in the pos- 
 session of those who had come under other authority, 
 mostly Swedes. Penn, at his second visit, offered to 
 such Swedes in exchange lands at Manatawny (partly 
 in Montgomery and partly in Berks County on the 
 Schuylkill), at a quit rent of a bushel of wheat per 
 100 A. He set apart 10,000 acres thus to be a Swedes 
 Tract, somewhat like the tracts to be mentioned for 
 persons of other nationalities respectively. Although 
 Acrelius says that only a few accepted the offer, Swedes 
 were afterwards reputed owners of that number of 
 acres in the aggregate there. Swedes also bought con- 
 siderable land from Welshmen owning the same on the 
 western side of the Schuylkill around about the present 
 town of Bridgeport, Montgomery Co. 
 
 In addition to Swedish ideas of public policy, there 
 were, as have been mentioned in a preceding chapter, 
 some Swedish grievances real or supposed; so there 
 may be said to have been at a certain time a Swedish
 
 128 Chkonicles of Pennsylvania. 
 
 Party, as well as several Swedish neighbourhoods. The 
 sympathy, before alluded to, between the non-Quaker 
 English and the persons of other nationality, made, in- 
 dependently of any personal interests, the prevailing 
 sentiment in the Lower Counties strongly opposed to 
 that in the Upper, or Pennsylvania proper. 
 
 While certain ideas were derived from the Swedes 
 and Dutch, and they controlled politics in some locali- 
 ties, they, even in Delaware, were not the leading ex- 
 ponents of their views, and their importance did not 
 outlast their relative numerical strength. It marked 
 contrast with certain Dutch families in New York, the 
 progenitors of some of which, to be sure, received enor- 
 mous territory, and resembled Penn as landlord, but 
 not as Governor, it is noticeable that the pioneers on 
 the western banks of our river and bay secured no 
 financial, social, or political advantages over those who 
 came later. The commanders of the colony not vice- 
 gerents under an officer at Manhattan left no sons ; yet 
 there were chief men who joined Penn in inaugurating 
 his government who left families; but their children 
 succeeded to no political importance in the Upper Coun- 
 ties, and, in fact, their grandchildren, to very little in 
 the Lower ; for Delaware in good time became English, 
 although not strongly Quaker. As a class, collection 
 of families, or group, the Swedes and Dutch are oblit- 
 erated from the history of Pennsylvania after Penn's 
 second visit. The non-Quakers of different nationali- 
 ties intermarried, and many of the most influential 
 persons of later Colonial times had, through some 
 female line, a strain of Swedish blood: but John Mor- 
 ton, signer of the Declaration of Independence, was the 
 only person of Swedish patronymic known outside of 
 a county court or the House of Assembly, until, in more 
 modern times, a number of individuals have by their 
 abilities recalled to us this old race to which they in 
 the male line belong.
 
 The People. 129 
 
 William Perm, besides his sales to the early English 
 purchasers, made some effort to secure the taking up 
 of tracts by persons outside of, even across the seas 
 from, England, and in some cases indulged those of a 
 particular nationality by putting their acres together 
 in rather large districts apart from other people's. 
 The earliest instance of this was for a race almost with- 
 out a taint of Anglo-Saxon blood, speaking a language 
 very different from English, but in closer political 
 union than the Scotch or the Irish with the Crown and 
 Parliament of England. Before coming over to Penn- 
 sylvania, Penn, according to a memorial of the inhabi- 
 tants of the Welch Tract (Pennsylvania Archives, Vol. 
 I, p. 108), stipulated with his purchasers from Wales 
 and, as it elsewhere appears, certain purchasers, prob- 
 ably Welshmen, from Herefordshire, Shropshire, and 
 Cheshire that they should have their lands lying to- 
 gether, and that within the bounds of the district thus 
 formed, all causes, quarrels, crimes, and titles should 
 be determined by men of their own language. On 
 arriving, he issued a warrant for 40,000 acres, and 
 accordingly what was supposed to be that quantity was 
 set apart as the "Welch Tract," taking in the present 
 townships of Haverford, Radnor, Lower Merion, &ct., 
 where geographical names from the British principality 
 are found to-day. About eighty settlements had been 
 made by the latter part of 1690, when the Commis- 
 sioners of Property summoned one of the purchasers 
 to show cause why the part not portioned off or settled 
 and improved should not be treated as forfeited, and 
 be disposed of as other unallotted land in the province. 
 The Co mmi ssioners wished each purchaser who had not 
 taken out a patent under the usual quit rent, to do so, 
 and required a speedy compliance, declaring the me- 
 morial presented by Griffith Owen and others in answer 
 insufficient. The Welsh on 3rd mo. 2, 1691, stated their 
 willingness to pay the future quit rent, but not the past, 
 
 9
 
 130 Chronicles of Pennsylvania. 
 
 on the whole 40,000 acres, but this was declared not 
 satisfactory. Thomas Allen Glenn, in "Merion in the 
 Welsh Tract," says that soon afterwards the Welsh 
 agreed to pay the entire back rent of the whole tract, 
 but the minutes of the Commissioners for 4, 27, 1691, 
 speak of the repeating of the old offer. The Commis- 
 sioners answered that it was too late to change the 
 decision, and that the matter had been settled. Thus 
 considerable land within the tract was confirmed to 
 persons not Welsh. The racial isolation of the chief 
 immigrants representing the ancient Britons was some- 
 what bridged over by their being of a social class hav- 
 ing genealogical charts showing a line of descent from 
 the Norman barons or kings, and thus in touch with the 
 history of England, and, as to most of the individuals, 
 taught the medium of communication with the people 
 beyond the twelve shires of Wales. The tenants or 
 servants of these freeholders and the free countrymen 
 who followed them made the Welsh settlers quite nu- 
 merous by 1700. 
 
 There was another Welsh Tract in Penn's dominions, 
 viz: 30,000 acres, mostly within the present limits of 
 Delaware, bought by Welsh Baptists in 1703, but this 
 settlement was not accorded any independence of the 
 county authority. 
 
 A more successful project of putting a foreign dis- 
 trict in the Province was connected with the early ar- 
 rival of some German-speaking persons from Crefeld or 
 from within the borders of the Netherlands. The place 
 for their residence was called Germantown (now within 
 the City of Philadelphia), and the Bailiffs, Burgesses, 
 and Commonalty of German Towne were incorporated 
 by patent from Penn dated Aug. 12, 1689, and issued 
 under the great seal of the Province on 3, 30, 1691, with 
 power to hold market, impose fines, &ct., but the origi- 
 nal settlers and those who soon joined them, although 
 long intermarrying among themselves, were connected
 
 The People. 131 
 
 in trade, and sympathetic in religion, with the people 
 surrounding the little township, and became English in 
 everything but pedigree and, perhaps, some peculiari- 
 ties of disposition. 
 
 Penn early hoped that the French Protestants in 
 England and elsewhere would join in the colonization, 
 and to the poorer ones among them, he was looking 
 more particularly for renters, who might become pur- 
 chasers, instead of purchasers at once for cash down. 
 It is said that Anthony Duche came over in the ship 
 with him. Without being part of a projected French 
 community or separate group of settlers, others of the 
 race, although perhaps not of the religion, followed. 
 Among them was Charles De la Noe, of whom Penn, 
 calling him" ' ' the French minister, ' ' speaks in 1685 as 
 intending to come over with servants as a vigneron, 
 and whose will, calling hirn "minister," is dated 7mo. 
 11, 1686, and was probated in the same year, giving all 
 his real and personal estate in the Province to Jacob 
 Pelkison of the County of Philadelphia, merchant, who 
 may have been a religious exile. Watson, the Annalist, 
 was inclined to identify De la Noe as the "old priest 
 in Philadelphia" mentioned in Penn's letter of 1686 
 to Harrison, and to conclude from the word "priest," 
 which Penn applied as well to the Anglican clergy, that 
 De la Noe was a Roman Catholic. Andrew Doz was at 
 one time Penn's vigneron. 
 
 After Penn's return to England from his first visit 
 to America, Sir Mathias Vincent, Kt., of Islington, 
 Middlesex, and Dr. Daniel Coxe, who was one of King 
 Charles II 's physicians, became interested in establish- 
 ing a settlement of French Protestants in Pennsylvania. 
 These two speculators, as well as Major Robert Thomp- 
 son of Newington Green, Middlesex, bought 10,000 
 acres each, the deeds bearing date April 20, 1686. All 
 were located within a large tract which on Holme's map 
 is appropriated to Vincent, Coxe, Adriaen Vroesen,
 
 132 Chronicles of Pennsylvania. 
 
 and Benjamin Furly, but in which Thompson's pur- 
 chase took the place of those of Vroesen and Furly. 
 The tract lies on the Schuylkill within the present 
 Chester County, and is crossed by French Creek, doubt- 
 less so called in memory of the people early coming 
 there, and includes the present townships of Chester 
 County called East and West Vincent in memory of 
 Sir Mathias. Dr. Coxe, after getting some French 
 Protestants and perhaps other immigrants, abandoned 
 the project for schemes in South Carolina and New 
 Jersey, and sold out in 1691 to certain persons called 
 the West Jersey Society. Vincent executed articles of 
 agreement on Sep. 13, 1686, with Capt. Jacques Le Tort, 
 and, on Sep. 18, with Gousee Bonnin. There is pre- 
 served among the MSS. of the Historical Society of 
 Pennsylvania the certificate in French from Le Sauv- 
 age, minister, dated at London, Jany. 1, 1686 (probably 
 N. S.), that le Sieur Jaques Le Tort, native of France, 
 aged thirty-five years, reared in "our Eeligion" (Re- 
 formed), was some time member of the flock at Alencon, 
 and at the date was desiring employment under the 
 Elector of Brandenburg. Apparently on failing to 
 obtain this employment, or diverted by the opportunity 
 of a career in the New World, he, when making the 
 agreement with Vincent, was bringing over, at the sug- 
 gestion of Coxe, a number of French Protestants. 
 Several families of them settled on Vincent's land. 
 Nicole Godin, a native of London, whose father had 
 come from Paris, was brought over "with a French 
 gentleman who came hither upon the account of Dr. 
 Cox (sic)," probably Le Tort. Possibly Peter and 
 Richard Bezel Ion (often spelt Bizalion) were brought 
 over at the same time. It is stated that the emigrants 
 led to the region by Le Tort deserted, but that he 
 remained until 1696. On a voyage to England, he was 
 captured by the French, but he came back to the Prov- 
 ince. The sons and executors of Vincent and of his
 
 The People. 133 
 
 wife conveyed on Dec. 30, 1698, the 10,000 acres to 
 Joseph Pike, subject to the aforesaid agreements with 
 Le Tort and Bonnin, and to 10s. quit rent. Le Tort 
 and his son of the same name, as well as Godin and the 
 two Bezellons, figured for many years as traders with 
 the Indians. Although a Protestant and a native of 
 London and son of an English mother, Capt. James 
 (Jacques) Le Tort the younger, was at times an object 
 of suspicion because his father had been French. 
 
 When Penn received the charter for Pennsylvania, 
 the scattered residents north of what is now Delaware 
 included a number of natives of the British Isles. So 
 great was the stream of people immigrating under him, 
 and in it so largely did the Anglo-Saxon element pre- 
 dominate, that by 1688 Pennsylvania was already a 
 colony practically of Englishmen. For thirty years 
 longer, this stream was replenished from England 
 proper : so that afterwards the population of the thickly 
 settled part of the Province was so thoroughly English 
 that it could not be affected by the Scotch Irish or the 
 Germans, commonly called the ' ' Pennsylvania Dutch, ' ' 
 when those semi-Scots and those Palatinates and Swiss 
 took possession of the mountainous region. Separate 
 chapters will be devoted to such: we will now confine 
 ourselves to the condition and ideas of the element 
 dominant throughout the time of this history. 
 
 Penn had contemplated as his holy experiment a 
 Quaker colony, within which all religions should be 
 tolerated. While he made laws with the latter object, 
 freeing the planters from tithes, and from any require- 
 ment to frequent or maintain any worship contrary to 
 their own mind, and permitted any Christian to hold 
 office, he induced to immigrate from Europe such num- 
 bers of his co-religionists as gave them an enormous 
 preponderance during the rest of that century, whether 
 or not we include after 1692 the Separatist Quakers. 
 Meetings for worship had been held on the Delaware
 
 134 Chronicles of Pennsylvania. 
 
 before Perm received the royal grant. Those worship- 
 ping at the Palls of the River and at Chester united 
 in a Monthly Meeting at the latter place before his first 
 arrival in the Province. A Monthly and a Quarterly 
 Meeting at Philadelphia were established in 1682, and, 
 under the latter, there were started in the following 
 year Monthly Meetings at Radnor and Abington. 
 Bucks Quarterly Meeting started with Falls and 
 Middletown Monthly Meetings and in 1684 Darby and 
 Concord Monthly Meetings were established under 
 Chester Quarterly Meeting. The Quarterly Meetings 
 within Pennsylvania associated with those in New 
 Jersey and Maryland in a Yearly Meeting, which, 
 first held in Burlington on 6, 31, 1681, was arranged in 
 1685 to alternate at Philadelphia and Burlington, and 
 finally in 1760 was fixed at Philadelphia. 
 
 The earliest meeting-house erected within the limits 
 of the capital city of the Province was on Delaware 
 Front Street about 60 ft. N. of Arch, and was probably 
 what was known as the ' ' boarded meeting-house, ' ' from 
 its material: a brick building, known as "Bank Meet- 
 ing" or "Meeting on Delaware Side," was soon put on 
 its site. A meeting-house at the Centre, presumably 
 on the lot intended by Penn for it at Twelfth and High 
 Streets, was commenced in 1685, completed in 1689, and 
 torn down after 1700. The "great meeting house" of 
 the period of this history was at the S. W. cor. Market 
 and Delaware Second streets, begun in 12th month, 
 1695, and used from 6th month following, and pulled 
 down in 1755, to give place to a larger structure 
 (George Vaux's article on Early Friends Meeting- 
 Houses written for centennial of Fourth and Arch 
 Meeting). 
 
 By the time of the English Revolution, the "Children 
 of the Light," as they first called themselves, or 
 "Quakers," as they were nicknamed, or "Friends," as 
 they themselves came to speak of those composing their
 
 The People. 135 
 
 Society, had been gathering together for about forty- 
 years, and had had an organization for more than half 
 that period. The distinguishing doctrine was as to the 
 Inner Light, and led those confident of or seeking di- 
 rection by that Light to shut themselves off from the 
 distractions of the world, such as music, the fine arts, 
 bright colors, the flattery paid to rank, luxury, etiquette, 
 &ct., and to reject sacraments, priesthood, ritual, and 
 even to some extent the Protestants' dependence upon 
 the Bible. Rather as afterthoughts came the peculi- 
 arities most popularly known: the refusal to take an 
 oath, the non-support of ministers, the avoidance of 
 bloodshed, and the wearing of a certain garb. All these 
 peculiarities seem to have been pretty generally 
 adopted among the Quakers by the year 1688. The 
 garb of course has been changed from time to time, the 
 Quakers of that year, at least in America, probably 
 wearing the dress of English tradespeople with an 
 avoidance of ornament. Penn had soon found that 
 wearing a sword, as was the fashion among men of his 
 station in life, made him unpleasantly conspicuous at 
 the meetings, and his wig is described as a small circle 
 to cover the baldness resulting from imprisonment 
 without a barber, and later as an inexpensive article 
 to keep head and ears warm. 
 
 How far was carried the discouragement of music 
 and painting is shown in two instances. The Phila- 
 delphia Monthly Meeting of 8th month, 1696, hearing 
 that Walter Long had sold Jews-harps, sent to ad- 
 monish him to take them back, refund the money, and 
 return the Jews-harps whence they came. The Meet- 
 ing sent also to speak to the widow Culcop to hand 
 over those which she had bought from Long. Long 
 agreed to sell no more, and take back those sold, and 
 stand half the loss. About fifty years later, when, in 
 boyhood, Benjamin West, who was born near the site 
 of Swarthmore College was showing a talent for paint-
 
 136 Chronicles of Pennsylvania. 
 
 ing, it was a serious question among the Quakers influ- 
 ential with his parents whether it would be right to 
 permit the exercise of his skill. Fortunately the weight- 
 iest appreciated that the talent was God-given. Perhaps 
 the world owes to the Quaker predilection for the mat- 
 ter of fact rather than the imaginative the revolution 
 which West made in the portrayal of modern battles, 
 when he refused to dress General Wolfe and the Indians 
 as Roman soldiers. 
 
 Before the Keithian separation, to be narrated in a 
 special chapter, there was no lasting congregation as- 
 sembled in Pennsylvania outside of the Society of 
 Friends and the Church of Sweden, except two little 
 groups — hardly congregations — of Baptists, one being 
 at Cold Spring, Bucks County, which was established 
 under Rev. Thomas Dungan from Rhode Island about 
 the year 1682, and the other on the Pemmapecka (or 
 Pennypack) Creek in Philadelphia County, of which 
 latter group Samuel Jones and some persons named 
 Eaton had come about 1686 from the Baptist Congrega- 
 tion of Rev. Henry Gregory in Radnorshire followed by 
 John Baker from the congregation at Kilkenny, Ireland, 
 and Samuel Vaus from England. Elias Keach, son of 
 the celebrated English Baptist, Rev. Benjamin Keach, 
 was ordained by Dungan, baptized John Watts and sev- 
 eral others, and became in Jany., 1687-8, minister at 
 Pennypack, afterwards going to England, and taking 
 charge of a congregation there. John Holmes, said to 
 have been from Somersetshire, and some time in the 
 West Indies, and to have arrived in Pennsylvania in 
 1686, who married the widow of Dr. Nicholas More, 
 seems to have been the most conspicuous Baptist lay- 
 man in the colony before 1700. 
 
 The cost of maintaining non-Quaker services was 
 deterring. Quakerism had financial advantages inde- 
 pendent of numerical strength. The Quakers felt no 
 call to set apart a place for hallowed uses, and could
 
 The People. 137 
 
 meet in private houses until those attending were too 
 numerous to be so accommodated, and too numerous 
 to feel the cost divided among them of buying and 
 building and occasionally warming: and the Quakers 
 paid no salaries to their ministers. When the Society 
 of Friends had the only religious gatherings in a local- 
 ity, in fact when Quaker meetings were the only gather- 
 ings of any sort, the Society was likely to gain acces- 
 sions. Also we must notice the fact that Deists and 
 Roman Catholics would find it less troublesome to 
 masquerade as Quakers than as any other Protestants, 
 being required only to sit still in meetings, where no 
 sacraments were administered, and rarely, if ever, a 
 chapter in the Bible was read. When the civil authori- 
 ties relaxed the persecution of Quakers, or when public 
 opinion was tolerant of them, as was not the case with 
 either those who denied Christ, or those who acknowl- 
 edged the supremacy of a foreign ecclesiastic, some 
 infidels and Papists, no doubt, let themselves be sup- 
 posed to be Quakers, there being no formality involving 
 a profession of faith. The remark applies more par- 
 ticularly to the growth of Quakerism in other regions 
 than Pennsylvania, and is not to be understood as im- 
 pugning the sincerity of any of the ministers here or 
 elsewhere. 
 
 From 1688 to 1692, the Monthly and Quarterly Meet- 
 ings in Pennsylvania itself, although it was not so in 
 Delaware, were practically the organization of the 
 Province ecclesiastically as much as the Governor and 
 freemen represented in Council and Assembly were the 
 organization secularly. During those years, and for 
 some time afterwards, the leaders in the former organi- 
 zation were leaders in the latter. It was natural that 
 the spiritual relationship through which the emigrants 
 had first known of one another should be so reflected 
 in their civil government as to make it a theocracy. 
 By popular choice, the Quaker ministers took a more
 
 138 Chronicles of Pennsylvania. 
 
 important part in the temporal business of the infant 
 commonwealth than by custom or statute the bishops 
 did in England. This union of capacities in the same 
 individuals, whereby retributive justice was to be en- 
 forced by those who were to preach and exemplify 
 meekness, long suffering, and forgiveness, was very 
 awkward for them. Even when the ministers were 
 seldom members of the Council or Assembly, but those 
 bodies were largely, sometimes entirely, composed of 
 those who had scruples against war, the reference of 
 the question of participation in military measures to 
 those bodies worked badly for the group of British 
 colonies, and for the empire of which this community 
 was a part. 
 
 The Society of Friends had been recruited from 
 those social classes which were considerably above 
 George Fox, its recognized Founder, a shoemaker, and 
 considerably below Kobert Barclay, its great Apologist, 
 almost a noble, descended in the female line from the 
 Gordons and the first King James of Scotland. It 
 became the Pennsylvania Assembly's boast, as ex- 
 pressed on Dec. 18, 1706, that "this Province was not 
 at first settled, as some others were, either at the charge 
 of the Crown or of any private man ; nor was it peopled 
 with the purges of English prisons, but by men of 
 sobriety and substance, who were induced chiefly by the 
 Constitution which by contract with the Proprietary 
 was to be established as that the purchasers and ad- 
 venturers were to have greater privileges than they 
 enjoyed in their native countries." Of course, there 
 were persons brought over at other's expense and even 
 without their own volition, as some of the servants and 
 sailors, but a number who came as servants or sailors 
 were very shortly afterwards to be described as prop- 
 erty-holders or officers. When, in 1685, a large number 
 — Penn says, about 1000 — of Monmouth's rebels were 
 to be transported, Penn, before Oct. 2, begged and ob-
 
 The People. 139 
 
 tained twenty as a present from King James. It would 
 be interesting to identify these. It may be confidently 
 asserted that they welcomed the diversion to Perm's 
 dominions, and obtained with their safety a fair posi- 
 tion in life: and the same may have been the fate of 
 several runaways, who came certainly ' ' to have greater 
 privileges ' ' than where they had been residing. So the 
 exceptions to the Assembly's generalization were few. 
 
 On the other hand, Fox's only visit to the Delaware 
 was in 1672, Barclay never saw it, Penn can not truly 
 be called a settler, and, as a rule, the wealthiest and 
 the most important Quakers did not transfer them- 
 selves to this ' ' land of promise ; " in fact, as we learn 
 from Hugh Roberts's letter to Penn (Pemia. Mag. Hist., 
 Vol. XVIII, p. 205), many Friends disapproved of the 
 movement. The richest of the Quakers who came were 
 probably Robert Turner, some time a merchant in 
 Dublin (ancestor of the Rawle family), Samuel Car- 
 penter, some time in the West Indies, and Edward 
 Shippen, some time a merchant in Boston. Turner and 
 Carpenter were among the first purchasers, and came 
 in the earliest years of William Penn's rule: Penn 
 agreed in 1690 to sell to Shippen for 100Z. about 250 
 acres adjoining Philadelphia on the south, nearly all 
 of which afterwards descended to his family, but he 
 did not come until in or after 1693, in which year it is 
 said that a meteor had been seen in Boston, and had 
 been interpreted by some inhabitants as a Divine warn- 
 ing to be more active against Baptists and Quakers, so 
 that Shippen felt that it would be pleasanter outside of 
 Massachusetts. Turner was perhaps less rich than 
 Carpenter or Shippen: Carpenter was ultimately 
 obliged to sacrifice much property: while Shippen, "the 
 biggest man, ' ' and afterwards celebrated for ' ' the big- 
 gest house and the biggest coach," was hardly exalted 
 much above ordinary men of property by the fortune 
 of 10,000/, which he is said to have brought on arrival,
 
 140 Chronicles of Pennsylvania. 
 
 multiplied as was in those days its present purchasing 
 value. Thomas Lloyd, for whom a royal descent has 
 been traced, had no prestige on account of it. In promi- 
 nence as an apostle of the doctrines, George Keith alone 
 of the settlers could be classed with Fox, Barclay, and 
 Penn. Thus there came men who had lived at one time 
 under the English Commonwealth, pious, self respect- 
 ing, and, except when indentured as servants, indepen- 
 dent, all, including many of their "help," sprung from 
 early surroundings of no great variety, none looked 
 up to except for their "gift" of the ministry, and such 
 really of secondary importance in the sect at large. To 
 be sure, counting both the Quakers and non-Quakers, 
 the settlers of Pennsylvania in Penn's day above the 
 grade of day laborers averaged as high in the matter 
 of original worldly station as the emigrants above the 
 grade of day laborers to other parts of the United 
 States. A different impression may have been received 
 from particular items, and from the talk about the 
 "cavaliers" of "the Old Dominion" and the lords of 
 manors in the land of the "Knickerbockers" and the 
 religious exiles among the progenitors of the Carolina 
 "chivalry:" but it should be borne in mind that nearly 
 every lord, baronet, and knight who went to Virginia 
 died without issue male, that the prefix "van," which 
 looks so much like the aristocratic "de" or "von," was 
 used in America as a rule to introduce the name of the 
 place from which the immigrant came, instead of the 
 estate of his ancient ancestors, and that the Huguenots 
 who crossed the ocean except a few petty "seigneurs" 
 were tradespeople or mechanics. It can be shown that 
 the immigrant ancestor of nearly every one of the first 
 families of those colonies where subsequently there was 
 a following of fashion, had his equal among those con- 
 temporaries whose children or grandchildren came to 
 the region of Quaker plainness. Yet the summary can 
 be made that the emigrants from the British Isles
 
 The People. 141 
 
 hither, except some Welsh gentlemen of little or no 
 estate, nearly all came from a worldly station one or 
 more degrees below the poorer gentry. 
 
 Thanks to the political and religious excitation in 
 every British community and the number of schools 
 partly free within reach, mental development and lit- 
 erary information were not engrossed by those in 
 higher station. A lower class had produced John 
 Bunyan and Cardinal Wolsey; while Shakspeare could 
 not, if Bacon could, be said to have belonged to a 
 higher. No small number of polemic and didactic 
 pamphlets came from the ranks of the Quakers; and 
 even such a mere local celebrity as Caleb Pusey, in an 
 answer to George Keith, wrote like a great theologian. 
 The first printing press in the part of the world between 
 Massachusetts and Mexico was set up in Philadelphia, 
 before this history opens. The printer was William 
 Bradford, a Quaker from Yorkshire, who had worked 
 for Andrew Sowle in London. In Bradford's pam- 
 phlets appear Greek and Hebrew letters. While many 
 of the Welsh who came over were physicians, a number 
 of the English were schoolmasters, and it was a time 
 when Latin and Greek and Hebrew were more com- 
 monly studied in schools than at present. Of course, 
 there were not the same number of matriculates of 
 English colleges as had gone to New England as Puri- 
 tan divines two or three generations before. Never- 
 theless, some of the early Friends in Pennsylvania, 
 were graduates of colleges in the British Isles, and had 
 been ministers of non-Quaker congregations. An ex- 
 monk, John Gray, alias Tatham, of the Benedictine 
 congregation at St. James's, came over, and joined 
 Charles Pickering and others in obtaining a survey of 
 ore lands. The King ordered Gray to return. Penn 
 declared the survey irregular, perhaps because contra- 
 vening the rule to keep the ore land for the Proprietary. 
 Perm was accused, by those who wished to prove him
 
 142 Chronicles of Pennsylvania. 
 
 a Papist in disguise, of having the aforesaid ex-monk 
 kidnapped and taken over to England, to be delivered 
 to those whom he had forsaken. However, he declared 
 Penn not guilty, and returned to Pennsylvania before 
 Oct. 20, 1688, and was afterwards an important man in 
 New Jersey, where he lived with a wife Elizabeth. A 
 son survived him. "While the Established Churches of 
 the Old World had institutions of learning, and the 
 anti-prelatists of New England had Harvard College, 
 the Society of Friends did not train young men for 
 the profession of preaching; so the scholars in divinity 
 in Pennsylvania and Delaware were to be looked for 
 among non-Quakers. In fact, the immigrants or so- 
 journers from Continental or Scandinavian Europe 
 included most of the men who had taken any University 
 course. 
 
 The Quakers, moreover, tried to adjust disputes 
 between one another, the Meetings hearing and acting 
 upon complaints against a member, even by persons 
 not in good standing in the Society, and it was a viola- 
 tion of Gospel order to obtain satisfaction at law, 
 unless private appeal to the delinquent and the decision 
 of examiners appointed by the Meeting had been in 
 vain. So the Quakers rather looked askance at those 
 who argued in court. We know of a Welsh attorney, 
 Griffith Jones, in Kent County, with the reputation of an 
 orator, evidently the person of that name who headed 
 a petition to Sir Edmund Andros (Penna. Archives, 
 2nd Series, Vol. VII, p. 815), closing with the words: 
 "That age may crowne your Snowy haires with Caesar's 
 honours and with Nestor's yeares." There was con- 
 temporary with him another Griffith Jones, a merchant 
 in Philadelphia, who was a Quaker. When, in 1695, 
 the Churchmen of the province got up a petition to have 
 the services of a minister and the right to arm for 
 defence, the Welsh attorney Griffith Jones was sup- 
 posed to have written the petition, so he was probably
 
 The People. 143 
 
 a Churchman. At that time there seem to have been 
 but two other lawyers in Penn's dominions, viz: John 
 Moore, a Churchman, and David Lloyd, who had read 
 at the Temple, and who, Gov. Gookin relates, had been 
 bred under Lord Jefferies, but, marrying in Pennsyl- 
 vania, had turned Quaker. Burton Alva Konkle has 
 prepared a Life of David Lloyd, to which the reader 
 is referred when the account in this book of Lloyd and 
 his political party and their labors does not seem ex- 
 haustive or sufficiently laudatory. What grade Moore 
 or Lloyd had in their profession at home, we do not 
 know. About a half a dozen persons trained to the 
 law came over about the time of Penn's second visit. 
 Finally, Acts of Assembly made provision for a body 
 of attorneys admitted by the courts to practise. 
 
 Those non-Quakers who might have claimed to be the 
 patricians of the immigration in Penn's time were 
 mostly his relatives or connections or the companions 
 in arms of his father, glad to get public office or a cheap 
 habitation. Of the Quakers or non-Quakers who came 
 before 1688, several had been captains in the navy: 
 William Markham, the first Deputy Governor, William 
 Crispin, one of the three commissioners appointed on 
 Sep. 30, 1681, and Thomas Holme, the first Surveyor- 
 General. There was also Major Jasper Farmer from 
 Ireland (see early editions of Burke's Landed Gentry). 
 Farmer, who is said, probably incorrectly, not to have 
 reached our shores, died in 1685. He and his son 
 Jasper, who had bought together 5000 acres, received 
 a patent in 1684 for land fronting upon the Schuylkill, 
 covering the greater part of what is now Whitemarsh 
 Township, Montgomery County. Having brought over 
 a number of servants, the family long lived there. About 
 the time of Penn's second visit, Eobert Assheton, of 
 Salford, Lancashire, whose mother was Penn's near re- 
 lation, and whose father was a Deputy Herald, was in- 
 duced to come to take a court clerkship. Capt. Samuel
 
 144 Chronicles of Pennsylvania. 
 
 Finney, Eobert Assheton's kinsman, is said to have 
 accompanied Penn on this second voyage. Finney had 
 become rich in Barbados, and, after returning to Eng- 
 land, had built Fulshaw Hall in Cheshire about 1684, 
 and had raised a troop for the Prince of Orange, and 
 had afterwards been a merchant at Chetham Hill near 
 Manchester. His son and heir-apparent, Captain John, 
 who had been cornet in Captain Samuel's troop, and 
 had afterwards served in Flanders, accompanied him 
 to America, apparently from political ambition, which 
 was doomed not to be fully satisfied. Samuel Finney 
 and several of his children made Pennsylvania their 
 permanent home, but John, after being one of the Gov- 
 ernor 's Council, returned to England, and died at Ful- 
 shaw Hall in 1728. 
 
 How such patrician stock except the Asshetons soon 
 sank in importance is illustrated in the posterity of 
 Markham, so long the head of the Colony. He used as 
 a seal, with an impalement which has not been identi- 
 fied, the ancient arms borne by those of his name. His 
 father's first name and career, we do not know, but the 
 mother was a sister of Admiral Penn. Apparently 
 older than the Founder, Markham had begun service in 
 the navy before the taking in 1658 of Dunkirk, being 
 in the fleet which rode before it on that occasion, and 
 subsequently had been six years with Sir John Lawson, 
 and in the fleet which brought Charles II back to Eng- 
 land, and at the attack on Algiers, and in the Dutch 
 wars of 1665-6 and 1672-3. Evidently his career had 
 not only betokened ability, which seemed to fit him to 
 organize Penn's government, but had given him some 
 acquaintances and influence, causing him to be sent 
 back to England in the summer of 1683 as Penn 's agent 
 in the boundary dispute. Later pages will give Mark- 
 ham's official career after his return. He married 
 twice at least, an early wife being apparently the Mrs. 
 Markham mentioned in Pepys's Diary as twice in
 
 The People. 145 
 
 Pepys 's company at dinner or supper in 1666, and first 
 figuring thus: "Aug. 6, 1666, . . . Nan at Sir W. 
 Pen's lately married to one Markeham, a kinsman of 
 Sir W. Pen's — a pretty wench she is." This does not 
 necessarily mean that she had been a servant. William 
 Markham had a daughter Ann, who in January, 1699- 
 1700, is spoken of as his only child, and whom he, 
 probably when coming to America in 1681, left in the 
 care of William Penn, for she was seven years one of 
 Penn's household. Late in life, Markham married 
 
 Joanna , a widow, whose daughter married 
 
 Jacob Regnier, a lawyer in New York. Joanna Mark- 
 ham had a nephew Theodore Colby. Ann Markham 
 married a sea captain, James Brown, who will be men- 
 tioned as suspected of piracy. They had three children. 
 Markham leaving what property he had to the step- 
 mother, and the latter removing to New York, and 
 Brown dying, Ann followed to that city, and tried to 
 support herself as a midwife. Her claims made against 
 certain property after her stepmother's death being 
 rejected, the Proprietaries, out of compassion, granted 
 something to this relative. Two of her children died 
 at an early age without issue; the survivor, Joanna, 
 married John Barker, but appears to have been the last 
 of Markham 's family, when, about 1767, the Proprie- 
 taries pensioned her. Her board being paid to Penelope 
 Healy, Mrs. Barker was still living at the beginning of 
 the American Revolution. A social club in Philadelphia 
 and one or two unimportant railroad stations perpetu- 
 ate the name of Markham. 
 
 To persons of higher social rank than those whom 
 we have mentioned, a frontier inhabited by such serious, 
 utilitarian, and disapproving people as the Quakers, 
 afforded no attractions, and could only be a place of 
 refuge. Acrelius tells us of Baron Isaac Baner, a 
 Swede, who, after being in the service of William III 
 of England, settled in Philadelphia in 1695, and after- 
 
 10
 
 146 Chronicles of Pennsylvania. 
 
 wards removed to the Lower Counties, where he tried 
 to support himself at first by keeping a small store, 
 and where he married, had children, and died in 1713, 
 leaving a destitute family. His relatives in Sweden, a 
 Lieutenant-General and a Royal Councillor, sent for 
 the children in 1727, and, Deputy Governor Gordon 
 escorting them to the ship, they sailed by way of Lon- 
 don. The wife of Sir Robert Newcomen, Bart., un- 
 happy in her married life, came over in 1702, and, under 
 the name of Mary Phillips, boarded with Penn's cousins 
 the Asshetons. She was a daughter of Arthur Chi- 
 chester, 2nd Earl of Donegal, by his Countess, who had 
 married, 2ndly, Penn's cousin Richard Rooth. Incog- 
 nito, Lady Newcomen set no fashions, and on the delay 
 of her remittance had the prospect of doing ironing — 
 however, Sir Robert ultimately allowed her £50 sterling 
 per annum. She went back in 1712. She had six chil- 
 dren by Sir Robert. 
 
 When it became common for the needy, the criminal, 
 or the troublesome to come or be sent over, and to 
 reimburse those who transported him or her by being 
 sold as a laborer for a term of years, there was, as an 
 involuntary resident, James Annesley, his assertion of 
 noble parentage and of relatives' knavery being dis- 
 regarded. A book called The Memoirs of an Unfortu- 
 nate Young Nobleman returned from a thirteen years 
 slavery in America, published in London in 1743, tells, 
 with some disguise of names, a marvellous tale of his 
 early experiences, his life in Penn's dominions, the 
 suicide of an Indian girl in love with him, the behavior 
 of his master's daughter, &ct., all of which is condensed 
 in the Gentleman's Magazine, Vols. XIII & XIV. Neg- 
 lected by the profligate Arthur, 4th Lord Altham, who 
 was pretty surely his father, the subject of the memoir, 
 by the agency of his uncle Richard, who assumed the 
 title, was taken from squalid surroundings at the 
 father's death, and decoyed, being about thirteen years
 
 The People. 147 
 
 old, into going aboard a ship which sailed for Phila- 
 delphia on April 30, 1728. Consigned to the captain 
 to be disposed of as a servant, Annesley, on arrival, 
 was bought by a farmer. In an attempt to escape from 
 drudgery and privation, Annesley fell in with a man 
 and woman eloping from her husband, attended by a 
 servant, and was captured with them, and was sent to 
 the pillory. Annesley, reclaimed by his master, finally, 
 in 1739, escaped to Jamaica, and there, in September, 
 1740, enlisted as a common sailor on a man-of-war. 
 Through a lieutenant, who had been a schoolmate, the 
 identity was revealed to the Captain, and through him 
 to Admiral Vernon, who released Annesley from his 
 enlistment, and sent him to England to recover his 
 rights. His uncle, meanwhile, at the death of a cousin, 
 had taken the additional titles of Earl of Anglesey in 
 the peerage of England and Viscount Valentia in that 
 of Ireland, which titles, as well as that of Baron Altham 
 in the peerage of Ireland, should have gone to James, 
 if, as he claimed, he was the son of Lord and Lady 
 Altham. James Annesley was welcomed by many 
 people in Ireland, and his uncle was disposed to com- 
 promise with him, and had him taught French ; but, on 
 James killing a man in "chance medley," the uncle 
 strove to have him convicted of murder, as a way of 
 getting rid of him ; but he was triumphantly acquitted. 
 James brought ejectment for certain Irish property, 
 and, although the evidence given rather pointed to his 
 having been the 4th Lord's bastard, the verdict of the 
 jury on Nov. 25, 1743, was in his favor; but, lacking 
 the money to prosecute his claims thoroughly, and in 
 face of legal obstructions, he never obtained wealth or 
 title. He died (Gent's Mag.) Jan. 3, 1760, leaving chil- 
 dren, but his two sons died a very few years later and 
 presumably without issue. 
 
 Being settled at a date in the history of the Anglo- 
 Saxon race when class distinctions and privileges had
 
 148 Chkonicles of Pennsylvania. 
 
 weakened to a considerable extent, and by persons 
 among whom there were no great inequalities of birth, 
 and because of the brotherly feeling of a band of re- 
 ligionists, and still more because of the sentiments of 
 the sect, Pennsylvania was less affected than other 
 colonies by the idea of caste. The Quakers were level- 
 lers. They had wished to get rid of the vain distinctions 
 of the world. While we need not credit family tradi- 
 tions of a Quaker ancestor taking up a humble trade, 
 as a matter of religion, when belonging to a class 
 thought to be considerably above workers at such trade, 
 yet it is a fact that among Quakers there was not a social 
 stratification according to business occupation. They 
 were not communists or socialists or equalizers of pri- 
 vate wealth, or such as scrupled at the laying up of 
 treasure ; and the natural tendency of a Quaker estate 
 when once fairly started was to grow faster than that 
 of a less ascetic owner. Sydney George Fisher has well 
 said that a consistent Quaker could not spend a large 
 fortune except in charity. At the same time, the Meet- 
 ing supervised a man's conduct in business with the 
 penalty of disownment, quite severe when there were 
 none but Quakers to associate with ; and thus extortion, 
 non-payment of debts, reckless speculation, and some 
 tricks of trade were eliminated as sources of riches. 
 By the discountenancing of luxury and show, the dif- 
 ference between the rich and the poor was less observ- 
 able. It was a long time before Pennsylvania had 
 anything like a "submerged tenth" or pauper class. 
 The industry characteristic of the disciples of Fox, and 
 the rich soil obtained by the purchasers from Penn, 
 combined to provide nearly every settler with enough 
 and to spare. Poverty came only through failure of 
 crops, losses by sea, or bodily injury. A member of 
 Meeting who had lost by misfortune was again started 
 in life, and measures were taken that the children of 
 the poor should have from education and care their
 
 The People. 149 
 
 chance with others. When into the colony were intro. 
 duced persons of all grades, habits, and principles, 
 inequalities came inevitably: but as a rule, the rich, 
 however well satisfied with their own or their fathers' 
 moral superiority, were not inclined to assume the 
 appearance of an aristocracy deriving consideration 
 from "carnal" ideas. 
 
 The formation of a landed oligarchy was not facili- 
 tated in Penn's dominion. Mention has been made how 
 small were the tracts of the first purchasers from 
 William Penn, and how, by the regulations, the reten- 
 tion of a location depended upon its being peopled, and 
 how the tracts of over 5000 acres before very long were 
 cut up. 
 
 A resident country gentry conspicuous in respective 
 neighbourhoods by number of acres and mode of life 
 was not established. Except Dr. More, before men- 
 tioned, and the Growdons at ' ' Trevose, ' ' Bucks County, 
 and one or two others, the first purchasers of as many 
 as 5000 acres, and those who afterwards bought plan- 
 tations of that size, did not reside upon them. The 
 wealthy men of the province lived in its city with in 
 later times a country place near by, but in size very 
 different from the landed estate of a rural grandee of 
 New York, Virginia, or South Carolina. 
 
 The laws of Pennsylvania interfered with the un- 
 fairness by which many landed estates have been pre- 
 served and increased. In the first place, as to being 
 withheld from creditors, "the Laws agreed upon in 
 England ' ' made all lands and goods liable to pay debts 
 except where there was lawful issue, and then all the 
 goods and one third of the land. This was changed by 
 the Great Law passed at Chester so that, in case of 
 issue, all the goods were liable and half the land, in 
 case the land was bought before the debt was con- 
 tracted. By various temporary laws and a permanent 
 one of Fletcher's time, all lands were subjected to sale
 
 150 Chronicles of Pennsylvania. 
 
 on judgment and execution against the defendant or 
 his heirs, executors, or administrators, but the mes- 
 suage and plantation on which the defendant was resid- 
 ing was not to be sold until the last, and not until a year 
 after the judgment. When Penn was on his second 
 visit to Pennsylvania, a clause was adopted requiring 
 the personalty to be sold first. In Fletcher's time was 
 introduced the liability of all the real estate as well as 
 personalty of any decedent to sale for payment of debts 
 by the executor or administrator under approval of a 
 court, or by judgment and proceedings of court except 
 where the personal property was sufficient. 
 
 There was a remedy, too, against an inheritance in- 
 creasing in value while the family starved. Following 
 a temporary law of earlier date, Fletcher enacted in 
 1694 that the widow or administrator of an intestate 
 might, in case of considerable debt or charge of child 
 or children, sell such part of the intestate's lands as 
 the Council or County Court should think fit for paying 
 the debts, educating the children, supporting the widow, 
 and improving the rest of the estate to their advantage. 
 
 In the next place, while the English common law 
 tended towards the monopoly of land, the statutes of 
 Pennsylvania almost always required the division of 
 what a man left at his death. By the charter of Charles 
 II, the laws of England were to govern the descent of 
 land and the succession to personalty in Pennsylvania 
 until altered by the Proprietary and freemen. The 
 first enactment to curtail the unfair benefit of primo- 
 geniture went into force in April, 1683, providing that 
 the whole estate in the Province and Territories, unless 
 an equal provision had been arranged for with property 
 elsewhere, should go, after payment of debts, one third 
 to the wife, and one third to the children equally, and 
 the other third as the decedent pleased; if his wife 
 were dead, two thirds to the children equally, and one 
 third as he pleased, his debts being first paid, whereas
 
 The People. 151 
 
 if he died intestate, the estate should go to his wife 
 and children, but if he left neither wife nor child, then 
 to his brothers and sisters or to the children of his 
 brothers and sisters; if there were none, one half to 
 the parents, and the other half to the next of kin; if 
 no parents, the half should go to the Governor, and if 
 no kindred claiming within three years, the other half 
 to the public. This same law, as we see, interfered 
 with the power of a parent to aggrandize one child by 
 disinheriting the rest. As the words of the law did not 
 say what the division should be between wife and chil- 
 dren in cases of intestacy, chapter CLXXII, passed in 
 3mo., 1684, fixed it thus : one third of the lands to the 
 wife during her life, the rest to the children, the eldest 
 son taking a double share : if there were no child, half of 
 the real estate to the wife for life, the rest to the intes- 
 tate's kin. The limitation upon the right to dispose by 
 will was removed in 1693, when also the right of the chil- 
 dren of deceased relations to take their parents' share 
 was recognized, and it was explained that, except where 
 the eldest son was concerned, the division among rela- 
 tions in equal degree should be equal. The right of 
 children of deceased brethren to take the share which 
 their parent would have taken if living, was allowed 
 by act of 1700. 
 
 The act of Jany. 12, 1705-6, made the children share 
 the land equally, the widow taking the same share as a 
 child. There was nothing said to limit her interest to a 
 life estate, and apparently she was always allowed to 
 have a fee simple until the act of February 4, 1748-9, 
 prescribed a different construction of the aforesaid law. 
 
 There were good reasons why the Quaker province 
 attracted, besides the Quakers and the separatists wish- 
 ing to be undisturbed in religion, those who were not 
 sure of the means of support at home. Here was good 
 soil, cheap land, a well behaved population, public senti- 
 ment in favor of the simplest style of living, no danger
 
 152 Chronicles of Pennsylvania. 
 
 from the aborigines, no military service, nothing to pay 
 for a military or ecclesiastical establishment, a govern- 
 ment run at the least cost possible, there being no hand- 
 some houses provided for the acting Governors, and 
 such acting Governors as received salaries other than 
 occasional sums drawing their pay from William Penn 
 until the XVIIth Century closed. If a man wished to 
 get drunk, or break Sabbath, or have certain sports, he 
 found the laws decidedly ' ' blue ; ' ' but it was the era of 
 "blue laws." On the other hand, if his necessities drove 
 him to some small theft, the punishment was lighter 
 than at home : however, it was only after the colony had 
 been in existence a number of years that Pennsylvania 
 was to any degree a resort for persons looking forward 
 to crime. 
 
 In due time, among the immigrants of English or 
 Welsh birth or ancestry, the non-Quakers outnumbered 
 the Quakers. Differing from the latter in matters of 
 religion, and at times in earnest dispute and bitter 
 anger against them over certain measures of civil gov- 
 ernment, yet these non-Quakers attempted only spo- 
 radically to lessen the Quaker's share in legislation, 
 and largely combined with them on questions not inter- 
 fering with the Church of the one or the conscience of 
 the other, and made lasting the impression upon the 
 community of the social and political principles of the 
 co-religionists of the Founder of the Colony.
 
 CHAPTER VI 
 
 A Republican Feudatory. 
 
 Powers granted by Charles II — Penn's attitude 
 as to war — Penn's claim to greatness — His sug- 
 gestion of Union of the Colonies and of a Parlia- 
 ment of Europe — His character and abilities — 
 Covenant for a Democracy — Delaware taken into 
 Union — Naturalization — General Suffrage — Frame 
 of 1683 — Eeligious freedom— All Christians eligible 
 to office — The theological tests in England — 
 "Solemn promise" of witnesses — Unsettled laws — 
 Absentee rule by the Penns — Thomas Lloyd and 
 other deputies — Fortune inherited by William 
 Penn and his first wife — Too small for his under- 
 taking — Philip Ford — Eeceipts and indebtedness 
 — Penn very prominent in England — James II 
 and the Quakers — Penn at the time of the Revo- 
 lution. 
 
 The Charter of King Charles II not only made 
 William Penn and his heirs and assigns feudal lords 
 of the soil, but added an authority in him and his heirs 
 like that of Viceroy. The clause directly granting 
 powers of legislation did not extend them to his assigns, 
 although the clause providing for certain laws of Eng- 
 land to be temporarily in force, said that they should 
 be so until altered by him, his heirs and assigns, and by 
 the freemen, their delegates or deputies or the greater 
 part of them. Penn or his heirs or his or their Deputies 
 and Lieutenants could ordain and, under his or their 
 seals, publish any laws for raising money or other pub- 
 lic or private purpose with the consent of the majority
 
 154 Chkonicles of Pennsylvania. 
 
 of the freemen or of their deputies, whom Penn and 
 his heirs were authorized to assemble in such way as 
 to them would seem best. The laws were to be con- 
 sonant to reason, and as near as conveniently could be 
 to those of England, and were to be transmitted within 
 five years after enactment to the Privy Council in Eng- 
 land, and, sitting in Council, the King was to have the 
 right within six months to declare the law void as in- 
 consistent with his prerogative or the faith and alle- 
 giance due to him. This was liberally construed in prac- 
 tice as to both the time which the English government 
 would take in examination of a law, and the grounds 
 on which the Sovereign would reject it: the Acts of 
 Assembly were often sent in the first place to the Lords 
 and others forming the Committee or the Board for 
 the affairs of trade and plantations, and by them re- 
 ferred, in whole or for certain questions, to the At- 
 torney-General or other law officer, and the King's 
 decision was made after the formal presentation to him, 
 upon the receipt of the law officer's long delayed 
 opinion, and upon the completion of a representation by 
 the aforesaid Committee or Board; and the rejection 
 would take place for any matter of form or of policy 
 that did not commend itself to these examiners. There- 
 upon remedial legislation would fail until a new act 
 avoiding the obnoxious phraseology or details could be 
 passed. There would be uncertainty for several years. 
 The time consumed in communication in those days be- 
 tween the colony and England was but a part of the 
 period during which the colonists were obliged to wait. 
 Penn told his people once that the laws lay unreported 
 upon by the Attorney-General for want of a big fee to 
 induce him to take them up. On the other hand, a law 
 was to be in operation until rejected by the King; so the 
 local enacting powers took advantage of the allowance 
 of five years for presenting an act, often passing one to 
 be in force for only a year, or for less than five years, or
 
 A Republican Feudatory. 155 
 
 repealing and reenacting one, so that the five years would 
 begin to run from the last reenactment, and sometimes, 
 when an act had been disallowed by the Sovereign in 
 Council, it was passed afresh, and put in execution, and 
 the process repeated after a later disallowance. 
 Richard West, one of the King's law officers, being 
 asked for his opinion, advised the Commissioners for 
 Trade on March 25, 1719, that there was nothing in the 
 Charter to Penn to prevent the reenactment by the 
 Province of disallowed laws. West also advised to the 
 effect that the six months to which the King was limited 
 for examination and disallowance of laws were to be 
 computed from the day on which they were delivered to 
 the Privy Council, but not from their being delivered to 
 the Board of Trade, unless simultaneously duplicates 
 were delivered to the Privy Council. 
 
 Upon emergencies, when the freemen could not be 
 gathered together, the Royal Charter allowed Penn and 
 his heirs or their magistrates and officers to make ordi- 
 nances for the preservation of the peace and better 
 government of the people, consonant to reason, and, as 
 near as might be, agreeable to the laws of England, but 
 not affecting any person's life, limb, or property: the 
 laws of England as to felonies, and regulating property 
 and the descent of lands or succession to goods and 
 chattels, were to remain in force until altered by Penn, 
 his heirs or assigns, and the freemen, as before stated. 
 
 Penn and his heirs were to execute the laws made 
 with the consent of the freemen. Penn and his heirs 
 and his or their Deputies and Lieutenants had the 
 power to appoint judges, magistrates, and officers, in- 
 cluding those for probate of wills, and granting of 
 administration, and to administer justice by tribunals 
 subject to an appeal to the King, and also to pardon 
 all crimes except treason and wilful murder, and to 
 grant reprieves in those cases until the King's pleasure 
 were known. The appeal from the decisions of courts
 
 156 Chronicles of Pennsylvania. 
 
 and the reprieve of condemned murderers seem never 
 to have taken place. Penn and Ms heirs and assigns 
 could divide the region into counties &ct., incorporate 
 cities and boroughs, constitute fairs and markets, and 
 fix the only ports of entry. 
 
 There was one power granted to the Proprietaries 
 by the King which it seemed inconsistent for a Quaker 
 to accept, and which had much to do with the willing- 
 ness of the Founder and his family to govern through 
 a non-Quaker deputy : William Penn and his heirs and 
 assigns, acting by themselves or their captains or other 
 officers, were authorized to muster soldiers, and make 
 war on the King's enemies, and put them to death by 
 the laws of war, or save them at pleasure, and act as 
 a Captain-General. The Frame of Government granted 
 by Penn in 1683, hereinafter mentioned, was silent as 
 to the exercise of this power, except in prohibiting the 
 acting Governor from performing any act relating to 
 "safety" without the consent of the Provincial Council. 
 It was apparently without waiting for such consent that 
 the Founder of Pennsylvania, the most illustrious polit- 
 ically of all Quakers, ordered the fort at New Castle 
 to fire upon the Marylanders coming in force to demand 
 possession. He did not stop to think that, if bloodshed 
 by princes was abominable, it seldom had less excuse 
 morally than his own claim to the land in question. 
 
 It should here be said, throwing light on many acts 
 of William Penn, that he was not a rigid moralist on 
 the subject of war. He believed it contrary to the spirit 
 of Christianity, and he did not, like some Quakers, 
 make a distinction between offensive and defensive use 
 of "the carnal weapon," and he sacrificed bright pros- 
 pects by withdrawing from the career of a soldier, and 
 he wrote about the advantages of turning the popula- 
 tion to the arts of peace ; but there have not been found 
 by the present writer any utterances by Penn that kill- 
 ing in battle is murder. Penn was, some will say, too
 
 A Republican Feudatoky. 157 
 
 practical, others will say, too illogical to view all par- 
 ticipation in a national struggle as sinful. It might 
 almost be said that his writings justify the Quakers' 
 refusal to bear arms very much on a par with their 
 peculiarity of saying "thee" and "thou." He con- 
 formed to the practice of his peaceable sect, but he did 
 not follow out the theory as many others did. He seems 
 to have had no objection to non-Quakers fighting for 
 him. His bringing the Delawareans into political 
 union with the Pennsylvanians may have been with the 
 astute policy of having a "fighting half" among his 
 people : he subsequently spoke regretfully of the loss of 
 this by the disunion. 
 
 This difference in view between Penn and the ordi- 
 nary Quakers, as the world associates the latter with 
 non-resistance, brings up the whole personality, char- 
 acter, abilities, and ideas of the first Proprietary, of 
 which there was some disclosure in the preceding 
 chapters ; and an estimate of him and his career, such 
 as is generally given after noting the death of the per- 
 son in question, may be allowed at this point. William 
 Penn is to be called great without reference to qualities 
 or manifestations of the soul, but by a mundane cri- 
 terion, viz : the affecting of the lives of many others, a 
 criterion which does not insist upon martial deeds or 
 the surmounting of obstacles, and which does not pre- 
 suppose any natural superiority of intellect, and which 
 considers the holding, however fortuitous, of a position 
 of power. Although the position and achievements of 
 other persons have prevented Penn from being the 
 greatest man in American history, he is at least the 
 greatest among the founders of English or Dutch col- 
 onies. Far more than any other of them, he had an 
 importance in the Mother Country, independent of con- 
 nection with the New World, a connection which, in his 
 case, has caused his name to be known where the pre- 
 lates, jurists, statesmen, and generals, possibly even
 
 158 Chronicles of Pennsylvania. 
 
 Marlborough, who were his contemporaries and ac- 
 quaintances, have been forgotten. 
 
 While not the founder of a sect or of a school of 
 thought, Penn was one of most active missionaries 
 and controversialists for a set of religious ideas which 
 spread much more widely than is popularly supposed. 
 The actual result of his labors in this line can not be 
 measured. His learning must have conveyed an im- 
 pression in intellectual classes outside of the Society 
 of Friends. His defence at trial tended to break down 
 repressive measures against the attendants of Meetings. 
 There is no point in detailing here his work as a 
 preacher and elder : it is of as little general interest as 
 the administration of a particular diocese by Wolsey 
 or Richelieu, with which political ecclesiastics, in the 
 broad meaning of the term "ecclesiastics," Penn is to 
 be classed. His religious views are the least striking 
 thing about him, except as sometimes denying what had 
 been considered Orthodoxy: he generally used the ex- 
 pressions common to spiritually minded Christians. 
 His sufferings for conscience make no tragic scene, 
 unpleasant as were expulsion from Oxford and im- 
 prisonments, even if short. Except opportunities in 
 some lines, he lost little by his religion. His closing 
 years were pathetic, but most of his tribulations were 
 from political and financial causes. 
 
 The distinction of Penn is in secular affairs. While 
 he was not a forceful ruler, he had remarkable influence 
 over a widely extended variety of human beings, and, 
 while in some matters, like slavery, he was not ahead 
 of his time, he was profound in establishing principles 
 which have come to be recognized as the true bases 
 upon which to build a nation. He gave a code, and held 
 a lordship, in which many abuses in English jurispru- 
 dence and property rights were avoided. To be sure, 
 in the actions from which he has received most credit, 
 viz: paying the Indians for lands and allowing freedom
 
 A Republican Feudatory. 159 
 
 of worship, he was scarcely a free agent. It has been 
 shown that, in buying instead of taking the land, he 
 followed the advice of Bishop Compton and the practice 
 on the Delaware. Some secret understanding, too, may 
 have bound Penn, as much as his kindheartedness, to 
 leave the Roman Catholics unmolested; as to Protes- 
 tants, the Church of Sweden could not be uprooted, the 
 Church of England could not be excluded, and there 
 seemed no point, when he had land to sell, in refusing 
 the money of Presbyterians and Baptists. In details, he 
 gained the Indians' confidence and love. He carried 
 out so well the plan of giving all religious denomina- 
 tions a fair chance that he ultimately failed in his 
 object, a commonwealth under the control of Quakers. 
 Only his care safeguarded, and only he could have 
 safeguarded such a colony as he created, imperilled as 
 it was successively; and the advantages which he gave 
 to the settlers, combined with the goodness of the soil, 
 were the reason that his colony outstripped others. 
 Exactly what measures or Royal actions in England are 
 to be traced to him except the sparing of certain lives, 
 we do not know: but Macaulay describes how this un- 
 titled Quaker had the ear of at least one occupant of the 
 throne. Harley, who became Prime Minister, sought 
 through Penn the votes of Quakers at the elections. 
 
 The unfollowed suggestions of Penn should give a 
 high notion of his genius. In the line of toleration, 
 which was with him a theory of rightfulness, and no 
 mere expedient, he suggested in James II 's reign a 
 division of the royal patronage into thirds for the 
 Anglican Churchmen, the Roman Catholics, and the 
 Dissenters respectively. The share for the King's co- 
 religionists was too great, but any distribution was 
 rejected because the Protestants felt that they were in 
 a life and death struggle. 
 
 Penn in 1696 proposed a union of the British colonies 
 in North America, submitting to the Commissioners for
 
 160 Chronicles of Pennsylvania. 
 
 Trade and Plantations a scheme, according to which 
 two delegates from each colony, making twenty per- 
 sons, would meet once in two years during peace, and 
 oftener in time of war, should be under the presidency 
 of the King's Commissioner, and would adjust differ- 
 ences between Provinces in cases where persons re- 
 moved to avoid paying debts, where offenders fled 
 justice, of injuries in the matter of commerce, and of 
 ways and means to support safety against public ene- 
 mies, fixing the quotas of men and expense, and the 
 King's Commissioner would be General or Chief Com- 
 mander of the forces formed of the quotas. Shall we 
 call Penn the projector of the United States Senate? 
 
 His greatest dream — to some extent materialized in 
 the Hague Tribunal, and essentially what we have 
 heard suggested very recently — was a Parliament, or 
 Diet, of Europe, to which disputes between the Powers 
 were to be submitted, and the decisions of which were 
 to be enforced by the other Powers. Thus war would 
 be abolished, except as between the general police force 
 and a delinquent. Co-operation of this kind for this 
 purpose had been suggested previously — see Thomas 
 Willing Balch's pamphlet on Emeric Cruce; and it is 
 too much to claim that such a reader as Penn was 
 unaware of this. His own suggestion appeared, and 
 in detail, in 1695 in his Essay towards the Present and 
 Future Peace of Europe. The representation in the 
 Parliament was to be based upon a census of the wealth 
 of the countries represented, and it is interesting as 
 showing the relative importance of those countries that 
 he tentatively supposed that the Empire of Germany 
 would have 12 members, France 10, Spain 10, Italy 
 ' 'which comes to France" 8, England 6, Portugal 3, 
 Sweden 4, Denmark 3, Poland 4, Venice 3, the Seven 
 Provinces of United Netherlands 4, the Thirteen Swiss 
 Cantons "and little neighbouring sovereignties" 2, and 
 the Dukedom of Holstein and Courland 1; and if Tur-
 
 A Republican Feudatory. 161 
 
 key and Muscovy were taken in, they each would have 
 10. The representatives were to sit in a circular 
 chamber, and the presidency should rotate, to preserve 
 equality. The decision was to be by a three fourths 
 vote or at least seven more than half. The vote was 
 to be by ballot, that no potentate inclining to resort to 
 bribery could be sure of getting a bribed member's vote ! 
 No power could refuse to submit to this arbitration, 
 and, if any were maintaining an army dangerous to the 
 others, the question could be raised, and the necessary 
 reduction of the army enforced. 
 
 Penn urged free trade between all the colonies, in 
 connection with which his letter to the Commissioners 
 for Trade &ct. written in 1700 speaks against the law 
 about transporting wool from one to another, and tells 
 how it was avoided by the purchasing of a thousand 
 sheep with the wool on, and the shearing of them in the 
 province needing the wool, after which the sheep were 
 sold. The matter had little reference to Pennsylvania, 
 where, there being more money than elsewhere in 
 British North America except Boston and New York, 
 the people were already too luxurious to be satisfied 
 with American wool and woolen goods. 
 
 In September, 1700, Penn, as Governor of Pennsyl- 
 vania, met in New York Gov. Nicholson of Maryland, 
 Gov. Hamilton of New Jersey, and the Earl of Bello- 
 mont, who was Gov. of New York, Massachusetts, &ct. 
 Penn then suggested as desirable in the colonies : 1st, 
 one standard for foreign coin, so that Boston would 
 not call a piece of eight — i.e. a Spanish "dollar" — six 
 shillings, when New York called it six shillings nine 
 pence, New Jersey and Pennsylvania called it seven 
 shillings eight pence, Maryland, four shillings six pence, 
 and Virginia five shillings ; 2nd, a mint for small silver 
 to the denomination of six pence in the City of New 
 York ; 3rd, an impost in England on foreign timber, to 
 encourage the exportation of timber from the colonies ; 
 
 li
 
 162 Chronicles of Pennsylvania. 
 
 4th, such adjustment of the boundary with the French 
 on the north as would give the English the south side 
 of the St. Lawrence and of the Lakes; 5th, for pre- 
 vention of runaways, rovers, and fraudulent debtors 
 coming from one province to another for shelter, all 
 provinces to make a uniform law with the same re- 
 strictions and penalties; 6th, foreigners coming daily, 
 especially Dutch, Swedes, and French, to inhabit the 
 colonies, a general naturalization law passed in Eng- 
 land to allow such of them as declared freemen by Act 
 of Provincial Assembly to enjoy all the rights and 
 liberties of English subjects, except being masters or 
 commanders of vessels ; 7th, no appeal to England under 
 £300; 8th, the allowance of expenses and part of the 
 prey to those capturing pirates. The 7th suggestion 
 was or had been adopted. The 6th was observed as 
 calculated to people Penn's own dominion. 
 
 If, to have a man's ability recognized, it must be 
 shown that he labored under disadvantages, the reader 
 will see that Penn had a number ; and when there is an 
 occasion to criticize his later acts, it must be remem- 
 bered that he was always short of money. 
 
 The character of William Penn, as we see him turn 
 from a Moses into a William the Conqueror, saving, to 
 be sure, the bloody war, and, finally, into a King John 
 Lackland, is the most interesting one made prominent 
 by the Colonial history of the original United States: 
 other characters, which, to be sure, have not been ques- 
 tioned like Penn's, have been exhibited as simple and 
 solid specimens of good or bad qualities with some ex- 
 traneous setting, which is negligible; but Penn's char- 
 acter requires study because of many sides, complexity, 
 and contradictions. Whatever may surprise those look- 
 ing for a maltreated innocent, his piety was sincere. He 
 had, indeed, the Christian virtues of forgiveness and 
 taking trouble for others to a degree that made him 
 friends even among former enemies. Becoming a
 
 A Republican Feudatory. 163 
 
 preacher, he remained, when required to meet or corre- 
 spond with men highly placed, a gentleman, dignified, 
 courteous, punctilious, although independent of his 
 class in opinion, and dressed in a different fashion. In 
 those days of dying feudalism and young and lusty 
 ''graft," an "esquire," as a knight's eldest son was 
 called, a lesser noble, as he was classed in other coun- 
 tries, had in England prerogative, leadership, the right 
 to other men's service, &ct. ; and we find Penn, as 
 troubles beset him, disinclined to forego, or endeavor- 
 ing to resume this. Like a feudal baron, he asked his 
 people to come to his financial assistance. His religious 
 career shows activity, determination, and at last a 
 settled responsiveness to the call to seriousness. There 
 had been an interval of gaiety and pleasure, to use no 
 harsher word : but there has been nothing found in his 
 private life after he had been several years in the 
 Society of Friends to brand him a hypocrite. As to 
 financial transactions with individuals, could the acts 
 and plans of all men be disclosed as we are able to see 
 Penn's in the records and in his confidential letters, it 
 is doubtful whether the acts and plans of many would 
 look as clean. No one who reads the list of articles 
 which Penn or his agents gave to the Indians will echo 
 any flippant remark that he got Pennsylvania from 
 them for a few beads. In public affairs, rather than 
 an ideal Quaker, he was something like a Stuart king, 
 due allowances being made for difference in sphere, 
 power, and surrounding sentiment. Starting with the 
 sagacity of James I of England and the early leaning 
 of him and his three successors to religious toleration 
 and the disinclination of nearly all of them to war, 
 Penn kept unworthy or unpopular men in office, strove 
 for taxes, contributions, and loans, sought to change 
 what had been agreed upon, and thought himself the 
 Lord's chosen vessel. As a sufferer for ecclesiastical 
 ideas, Penn would be too much honored by being
 
 164 Chronicles of Pennsylvania. 
 
 classed with Charles I, who lost his life, or James II, 
 who lost his crown. Yet if giving up much for one's 
 religion entitles to canonization, Perm has claims. He 
 sacrificed, along with his ease and comfort, a greater 
 position in his day than that of a mere English gentle- 
 man. Had he accepted the opinions of the majority, his 
 abilities might have led him to the highest offices. There 
 is a tradition that the Admiral, owing to his son's re- 
 ligion, declined a title of nobility, that of Viscount 
 Weymouth being mentioned. Succeeding to this, his son 
 would no doubt have risen to a higher title : but, outside 
 of the peerage, with the capacity he had shown as a 
 soldier, a law student, a politician, a scholar, and a 
 preacher, and with the "back door" influence he pos- 
 sessed to give him a start, it would be too much to say 
 that a great military command, the lord chancellorship, 
 a seat in the King's Cabinet, or an archbishopric would 
 have been beyond his reach. Living in a corrupt and 
 bellicose age, he was constrained to follow paths for 
 the carrying out of his projects, or for his own safety, 
 which have been thought dark and dirty by good people 
 not so tempted. Intimacy with a Roman Catholic king 
 caused Penn to be suspected of being a Jesuit, and, 
 although he was not of Loyola's Society, the reader 
 has seen an attitude taken in the matter of the bound- 
 ary explicable only as unscrupulousness for the attain- 
 ment of a noble and, in Penn's thought, a holy end. 
 
 Following the career which he chose, or felt called 
 upon to follow — for he believed himself Divinely sent 
 forth — and meeting the obstacles which nature, society, 
 and church presented, and making the false steps which 
 we can see, he may be summarized as more of a states- 
 man than a saint, a better preacher than a business 
 man, a rather weak ruler, but, considering the people he 
 had to deal with, including kings, Quakers, and Indians, 
 and his general success, we ought finally to say, the 
 greatest of the long line of Pennsylvania politicians.
 
 A Republican Feudatory. 165 
 
 We can not call him self-seeking: he seems actuated, 
 when asking for power and money, by a sense of duty 
 to others. The reader of history must take to himself 
 the Psalmist's address to the Deity: 
 
 "If thou . . . wilt be extreme to mark 
 what is done amiss, . . . who may 
 
 abide it ? " — Prayer Book version of the De Profundis. 
 
 Later chapters will show how the veto power given 
 to Penn and his heirs and their Deputies and Lieu- 
 tenants was used as a weapon to protect the Proprie- 
 tary interests, and how the patronage became an asset 
 of commercial value, both of which effects King Charles 
 II intended in giving the Charter : but in this chapter 
 the reader will see a great exhibition of altruism, an 
 abnegation of power because of belief in human rights, 
 or of desire to do kindness, and somewhat because of 
 broadminded recognition of what would make a col- 
 onial project attractive. Penn, after closer acquain- 
 tance with kings, found monarchy practicable, thought 
 Charles II a great man, saw what was good in James 
 II, advised the Crown's ministers, and finally acted as 
 a petty duke of an empire : but before all this, Penn had 
 accepted Republican theories. At the end of 1680, he 
 took the power in legislation and as executive with the 
 purpose of making it, or soon afterwards he chose to 
 make it, a conduit pipe through which his colonists 
 would govern themselves. It seems to have been politi- 
 cally necessary to make the government seigniorial in 
 form. Charles II scarcely intended to have a republic 
 set up. He felt that he knew William Penn, and was 
 willing to confide a territory to his discretion, the free- 
 men's consent being necessary for taxes and new laws. 
 Early Penn must have determined to curb his own power. 
 On 2mo. 12, 1681, thirty-nine days after the date of the 
 King's letters patent, Penn expressed to Robert Turner 
 and others his intention: "For the matter of liberty 
 and privilege, I promise that which is extraordinary,
 
 166 Chronicles of Pennsylvania. 
 
 and to leave myself and successors no power of doing 
 mischief, that the will of one man may not hinder the 
 good of an whole country. But to publish these things 
 now, and here, as matters stand, would not be wise; 
 and I am advised to reserve that till I come there. 
 . . . let Friends know it, as you are free." The 
 letter is printed in Samuel M. Janney's Life of William 
 Penn. The postscript lets us infer that he had similarly 
 expressed himself to "the most eminent Friends here- 
 away," i.e. about London. Perhaps the representa- 
 tions of possible settlers may have carried him later 
 further than he first intended. Rather to excuse him, 
 Markham wrote to Fletcher in 1696 that Penn was 
 obliged to grant the Charter of 1683, or, in other words, 
 the popular features which were copied into it from 
 the charter of 1682, being compelled by "friends"— 
 perhaps Markham meant Quakers — who, unless they 
 had received all they demanded, would not have come to 
 the country. This corroborates the Pennsylvania As- 
 sembly as to the object in coming of such substantial 
 people as the English settlers of the Province, viz : the 
 enjoyment of privileges which they could not have at 
 home. 
 
 The Charter dated 2mo. (April) 25, 1682, prescribing 
 a form of government, was very much a covenant that 
 Penn and his heirs and assigns would hold their author- 
 ity to and for the use of a democracy. As near as 
 possible, there was to be direct legislation. The free- 
 men were to send seventy-two of the small number 
 which there would be of them to a Provincial Council, 
 which, among other powers, had the origination of all 
 laws : all the freemen were to appear in their own per- 
 sons on 2mo. 20, 1683, and pass or reject said laws; 
 afterwards the freemen were annually, on the 20th of 
 12th month, to choose representatives not exceeding 
 two hundred, but as the population increased, then up 
 to five hundred, to form the General Assembly, or
 
 A Republican Feudatoby. 167 
 
 lower house of the legislature. All that the Governor, 
 whether the Proprietary or his deputy, was to have, 
 was a vote equal to three members in the Council. 
 The Council was joined with the Proprietary in the 
 executive functions, giving judgment on criminals 
 impeached, settling ports, &ct., the Governor or his 
 deputy having always the treble vote ; a small return, 
 surely, for the surrender of power, a small recognition 
 of Penn's or his appointee's superior wisdom. Two 
 thirds of the whole Council were to be the quorum in 
 important matters, and the consent of two thirds of 
 such quorum was to be necessary. Three more than said 
 two thirds thus could compel action against the Gov- 
 ernor's wishes. Even in the appointment of Judges, 
 while Penn himself picked out the first ones, and they 
 were to serve as long as they behaved well, the suc- 
 cessors, as well as the successors of the similarly 
 appointed County Treasurers and Master of the Rolls, 
 were to be selected by the acting Governor from two 
 persons nominated by the Council. The first Sheriffs, 
 Justices of the Peace, and Coroners were also picked out 
 by Penn. Their successors were to be selected by the 
 acting Governor from a double number of persons 
 nominated by the freemen in the County Courts when 
 erected, and by the Assembly until the erection of such 
 Courts. The Governor's consent, as well as the consent 
 of six sevenths of the Council and the Assembly, was 
 necessary to change the Charter. 
 
 This system of government was accepted in the first 
 of a series of laws agreed upon on May 5, 1682, by 
 certain persons, then in England, who had bought lands 
 from Penn, the second law declaring practically all 
 purchasers, renters, and tax payers to be freemen. By 
 another of these laws, no tax, custom, or contribution 
 was to be levied upon or paid by any of the people ex- 
 cept by a law made for that purpose, and when this was 
 reenacted at Chester, Pennsylvania, it was added that
 
 168 Chronicles of Pennsylvania. 
 
 no tax should continue longer than one year. These 
 Laws Agreed upon in England were to be changed only 
 by the same consent as in the case of the Frame of Gov- 
 ernment. 
 
 As a preliminary to putting in force this Charter, 
 William Penn, having received title, such as it was, to 
 what is now called Delaware, and, by virtue of the 
 assignment of the Duke of York's powers, taken the 
 designation of Governor of those Territories, issued 
 writs for the choosing of seven deputies from each of 
 the three counties into which the same had been divided, 
 New Castle, St. Jones, and Deal, to meet the freemen 
 from the Pennsylvania counties of Philadelphia, Bucks, 
 and Chester on Dec. 6, 1682, for the common good of 
 the inhabitants of both the Province and Territories. 
 By the Assembly of these deputies, the laws and privi- 
 leges of the inhabitants of Pennsylvania were extended 
 to the inhabitants of the Territories, as stated in the 
 chapter on the Ascertainment of the Southern Bound- 
 ary. An Act of Naturalization, passed at the same 
 meeting, took into the category of freemen all foreign- 
 ers inhabiting either region holding land in fee in free- 
 hold who within three months thereafter promised on 
 record in the County Court fidelity and allegiance to the 
 King of England and fidelity and obedience to the 
 Proprietary. A Great Law of many chapters, enacting, 
 with or without modifications, or supplanting, the laws 
 agreed upon in England, was also passed in this pre- 
 liminary Assembly, or, more correctly speaking, Con- 
 gress. By Chapter LVII, it was made necessary that 
 the land to qualify for voting or holding office should 
 be not merely unlocated acres, but such as had been 
 seated, a freeman being defined thus : an inhabitant 
 who had purchased and seated one hundred acres, a 
 person who had paid his passage, and taken up one 
 hundred acres at Id. per A., and seated the same, a 
 person who, formerly a servant or bondsman, had be-
 
 A Republican Feudatory. 169 
 
 come free of his service, and taken up and seated 50 A., 
 or a resident paying scot or lot to the government. In 
 these general terms, it might be supposed that women 
 were included, but probably this was never contended. 
 When Penn attempted to set up the governmental 
 machinery devised, most of the people of both Province 
 and Territories, busy with private concerns, seem, even 
 the Quakers, to have lost political ambition, objecting 
 to forsaking their habitations to make rules, and not 
 well able to spare what money they would be obliged 
 to spend or lose in doing so: so those meeting on the 
 20th of 12th month (February), 1682-3, to elect the first 
 members of the Provincial Council, declared that the 
 twelve men then chosen from each county were enough 
 to attend to public business, and accordingly petitioned 
 that three of the twelve be accepted as Councillors for 
 one, two, and three years respectively, and the nine 
 others stand for the whole body of freemen of their 
 county for the first regular General Assembly. The 
 nine from each county meeting at the same time as the 
 Council, the proposition was agreed to, and was con- 
 firmed in an Act of Settlement, with a promise by the 
 freemen to do nothing in prejudice to the just rights 
 of William Penn and his heirs and successors, who 
 were thereby acknowledged true and rightful Proprie- 
 taries and Governors of the Province and Territories. 
 By this Assembly, the laws made in the preceding De- 
 cember at Chester were ordered to stand in force until 
 the end of the first session of the next Assembly, except 
 as altered by a number of laws at this session passed. 
 Among these was an act of indemnity for offences pre- 
 viously committed, and a specification that certain laws 
 be fundamental, i.e. not to be altered, diminished, or re- 
 pealed without the consent of the Governor, his heirs or 
 assigns and six sevenths of the freemen in Council and 
 Assembly met. All laws passed at this session, except 
 that of indemnity, and that prescribing the fundamen-
 
 170 Chkonicles of Pennsylvania. 
 
 tals, were to continue in force until the publication of 
 the laws of the first session of the next Assembly. 
 
 On 2mo. 2, 1683, with the unanimous consent of these 
 representatives of the people, a new charter was substi- 
 tuted, whereby the freemen of each county were to 
 elect, on the 10th day of every first month thereafter, 
 one Councillor to serve for three years, and six As- 
 semblymen to serve for one year, the treble vote was 
 not given to the acting Governor, and he was prohibited 
 from performing any act of state relating to justice, 
 trade, treasury, or safety, without the consent of the 
 Council, but, as a sort of compensation for some of the 
 powers taken from William Penn, there was a post- 
 ponement until after his death of the Provincial Coun- 
 cil's participation with the acting Governor in the erec- 
 tion of courts, and of the Council's nomination to him 
 for Judges, Treasurers, and Masters of the Rolls, and of 
 the Assembly's annual nomination of Sheriffs, Justices, 
 and Coroners. As in the former charter, the Governor 
 and Council had the preparation of all laws : the quorum 
 of the Council in this and certain other business was 
 two thirds, and a two thirds vote of that quorum was 
 required. The Assembly had in legislation mere assent 
 or rejection, for which, as well as the nomination of 
 Sheriffs, Justices of the Peace, and Coroners for ap- 
 pointment by the Governor, a quorum of two thirds was 
 necessary. The Assembly had the power of impeach- 
 ment; the Provincial Council, the trial of the officials 
 impeached. 
 
 In Penn's letter of 12mo. 1, 1686, hereafter men- 
 tioned, when he was much irritated, particularly by the 
 Councillors' neglect to attend the meetings of the Coun- 
 cil, he threatened, as if he were a modern Czar, to 
 dissolve the Frame of Government. Nevertheless, it 
 remained the written Constitution of Pennsylvania and 
 Delaware until April, 1693, and, after an interim of 
 about two years, may be deemed to have continued such
 
 A Eepublican Feudatory. 171 
 
 until 1700, although for a time the tentative Frame of 
 1696 was followed. 
 
 Before we enter upon the story of administration, 
 there should be noted certain of the Laws Agreed upon 
 in England as early enacted and made fundamental, 
 establishing the principles and judicial arrangements 
 long followed in the colony. Carrying out Penn's great 
 idea, his dominion was made a place of opportunity for 
 the ecclesiastically oppressed. No person who con- 
 fessed one Almighty God to be creator, upholder, and 
 ruler of the world, and professed to be obliged in con- 
 science to live peaceably and justly in civil society, was 
 to be in any way molested or prejudiced for religious 
 persuasion or practice, or to be obliged to frequent or 
 maintain any religious worship, place, or ministry ; any 
 person abusing or deriding another for different per- 
 suasion or practice in religion being punishable as a 
 disturber of the peace ; but all persons were to abstain 
 from labor on the Lord's day, and not to swear or curse 
 in conversation, and not tc speak loosely and profanely 
 of Almighty God, Christ Jesus, the Holy Ghost, or the 
 Scriptures of truth : the officers under the government, 
 the members of Council and Assembly, and all who had 
 a right to elect such members, were to be such as pro- 
 fessed faith in Jesus Christ "to be the son of God, the 
 Saviour of the world." In contrast to the breadth of 
 this eligibility, the tests required in England, and in- 
 sisted upon by the opponents of James II, included, as 
 to members of both Houses of Parliament, by statute 
 of 30 Car. II st. 2: "I do solemnly and sincerely in the 
 presence of God profess, testify, and declare that I do 
 believe that in the sacrament of the Lord's Supper there 
 is not any transubstantiation of the elements of bread 
 and wine into the body and blood of Christ at or after 
 the consecration thereof by any person whatsoever; 
 and that the invocation or adoration of the Virgin 
 Mary or any other saint, and the sacrifice of the Mass,
 
 172 Chronicles of Pennsylvania. 
 
 as they are now used in the Church of Rome, are super- 
 stitious and idolatrous." When, by the English act of 
 1 W. & M., c. 18, Dissenters were tolerated, such as 
 would not take an oath were required, besides making 
 the aforesaid declaration, to profess faith in the Trinity, 
 and to acknowledge the Holy Scriptures of the Old and 
 New Testament to be given by divine inspiration. 
 Under the laws passed at the inauguration of Penn's 
 government, process in civil actions was to be by 
 summons on the complainant declaring that he believed 
 his cause just; judgment was to be given for want of 
 an appearance. Certain rights to bail and trial upon 
 criminal accusations were established. Court proceed- 
 ings were to be in English. As dictated by Quaker 
 scruples, witnesses from the first were to qualify simply 
 by solemnly promising to speak the truth, the whole 
 truth, and nothing but the truth. This method seems to 
 have been observed by non-Quakers and Quakers alike 
 until the coming of Fletcher. He reenacted it, changing 
 the word "shall" to "may," thus permitting the 
 Quakers and Mennonites to give testimony in that way, 
 but restoring apparently the use of the oath by Swedes 
 and the few others who preferred it. Not until 1696 
 could testimony without oath be accepted in England: 
 the Statute of 7 & 8 Wm. Ill, c. 34, permitting this, ex- 
 pressly limited it to civil actions. Even in such matters, 
 there was a distinction between the early Pennsylvania 
 law and the English statute, for, by the latter, the 
 affirmant was obliged to acknowledge that he spoke "in 
 the presence of Almighty God the witness of the truth 
 of what I say. ' ' 
 
 The laws made before and for some time after 2mo. 
 2, 1683, were not laid before the King, but, apparently 
 treated as tentative only, were usually reenacted with 
 amendments at each Assembly, to stand in force until 
 the end or twenty days after the end of the first session 
 of the next Assembly. A short period to permit pub-
 
 A Kepublican Feudatory. 173 
 
 lication, ultimately fixed at twenty days, after the end 
 of the Assembly was allowed before new laws went 
 into effect. The Assembly of 1686 and that of 1687 
 failed to continue the laws or enact new ones. 
 
 Penn claimed one strange right, not meeting with 
 expostulation in the early days, but declared unfounded 
 by lawyers in later times. By the letter of 12, 1, 1686, 
 before mentioned, of which Edward Blackfan was 
 bearer, Penn directed those named in the commission 
 mentioned in the letter, to declare to the Assembly his 
 abrogation of everything done since his leaving, and 
 of all the laws except the fundamentals, and then to 
 dismiss the Assembly, and call one again, and pass the 
 laws afresh with any alterations. He also enclosed a 
 proclamation exercising the power in the King's 
 Charter of making ordinances. These instructions seem 
 to have been disregarded, owing to the non-arrival of 
 the commission spoken of; but, in a letter dated 4mo. 
 6, 1687, they were inferentially confirmed by the Pro- 
 prietary's remark that he had little more to say than 
 he had communicated of his mind already " in a former 
 letter by Edward Blackfan. ' ' In 1688, a law was passed 
 that all the laws formerly passed continue in force until 
 twenty days after the end of the first session of the 
 next Assembly, and no longer, except the fundamental 
 laws, and certain additional laws were passed to last 
 during the same or a shorter time. 
 
 The first visit of the Founder of Pennsylvania to the 
 shores of the Delaware lasted twenty-one months and 
 a half, and the only other visit twenty-three months. 
 During the ninety and more years of rule by the Penns 
 except during those visits, and even during the visits 
 of the Founder's sons, John and Thomas, the power left 
 by the subsisting frame of government to the chief 
 executive was in the hands of the Council of the 
 Province or of Commissioners or of a Deputy with the 
 title of Lieutenant-Governor selected bv the Governor-
 
 174 Chronicles of Pennsylvania. 
 
 in-Chief. The Lieutenant-Governors were seldom equal 
 to the requirements of the position, and were never fully 
 empowered to speak for their principals : so, even when 
 the person holding the Proprietaryship was not missed 
 for his abilities, there was always a great disadvantage 
 in his being three thousand miles away. 
 
 Under date of 6mo. 7(f), 1684, William Penn, saying 
 that he was "not knowing how it would please God to 
 deal with him on the voyage" back to England, ap- 
 pointed Thomas Lloyd, James Harrison, and John 
 Simcock, of whom the first named was to preside, 
 guardians of the heir, Springett Penn, and, if he died 
 under age, then of his successor, until of age, the sur- 
 viving guardians to fill any vacancy happening by the 
 death of a guardian. 
 
 At the end of William Penn's first visit, he left the 
 whole Provincial Council to act in his place, excepting, 
 however, in his co mmi ssion to the body, which was 
 read on 6mo. 18, 1684, any power to make laws dimin- 
 ishing his interest. Thomas Lloyd was made President. 
 He also was appointed by Penn Master of the Rolls 
 and Keeper of the Great Seal during good behavior. 
 Probably not paternally related to David Lloyd, spoken 
 of in a preceding chapter as a lawyer, who had not yet 
 arrived in the province, Thomas Lloyd was a younger 
 brother of Charles Lloyd of Dolobran in Wales, one of 
 the few gentlemen of landed estate who joined the So- 
 ciety of Friends. Thomas had matriculated at Oxford, 
 and was probably the person of the name at Jesus 
 College, who was graduated B. A. on Jany. 29, 1661. 
 The President had practised medicine in England, and 
 did so somewhat in America. To the position accorded 
 to him of a minister among Friends, he had the 
 further claim upon their consideration of having lain 
 in prison many years for the cause, and he was credited 
 with some share in bringing about the repeal of the 
 ancient law for burning heretics, with the execution of
 
 A Republican Feudatory. 175 
 
 which law some persons had threatened the Quakers. 
 When Lloyd's term as a Councillor was about to expire, 
 Penn signed a commission authorizing Lloyd, Dr. 
 Nicholas More (before mentioned as owning 10,000 
 acres), James Claypoole (brother of Oliver Cromwell's 
 son-in-law), Robert Turner (before mentioned), and 
 John Eckley, under the title of Commissioners of State, 
 or any three of them, to represent the Governor-in- 
 Chief, but reserving to himself the confirmation of what 
 they might do, as well as his peculiar royalties and ad- 
 vantages. This was the commission, which seems never 
 to have arrived, or at least not until superseded, as 
 mentioned in Penn's letter dated 12mo. 1, 1686. A com- 
 mission of later date appointed as Deputy or Lieutenant 
 of the Proprietary : Lloyd, Turner, Arthur Cooke, John 
 Simcock (name eventually so spelt, although one signa- 
 ture is Simcocks), and Eckley or any three of them. 
 These were serving at the arrival of Blackwell. When 
 Penn was looking about for somebody to make sole 
 Deputy in their stead, Lloyd and other Quakers de- 
 clined. This was perhaps on account of the military 
 duties contemplated in the King's Charter. After 
 Blackwell, Lloyd, as will be mentioned, was Lieutenant- 
 Governor of Pennsylvania, the only Quaker ever ap- 
 pointed such by the Penns. 
 
 It was a pity both for Penn's colony and for himself 
 that, after his first coming to America, he could not 
 stay the rest of his life. Even if the colony did not need 
 his wisdom, his influence would have smoothed away 
 difficulties in government, where his representatives 
 showed want of tact. Except when he sent Markham 
 as aforesaid to take possession, and even including the 
 latest commissioning of Markham, every appointment 
 of a Lieutenant-Governor by William Penn was unfor- 
 tunate. The support of such an official was an item 
 of the Founder's heavy expenditure, and, when it was 
 borne by the taxpayers, it was hard upon them. For the
 
 176 Chronicles of Pennsylvania. 
 
 Founder himself, residence in his colony would have 
 saved him money, liberty, and a better name than stern 
 critics have allowed. 
 
 William Penn had not been brought up a business 
 man, but a knight's son, to be courtier and soldier, 
 while bailiffs, solicitors, and agents drew up his papers, 
 and handled his money. The usual means of livelihood 
 or of increasing an estate for persons of his class 
 were public office and marriage with an heiress. From 
 the former, William Penn debarred himself by his 
 ecclesiastical attitude. His first wife, Gulielma Maria 
 (Posthuma was an additional part of her Christian 
 name), was not without patrimony. She was the only 
 child of Sir William Springett of Sussex, and came of 
 knighted ancestors on the maternal side as well, her 
 mother, who married, secondly, Isaac Pennington 
 (name then so spelt), being the daughter of Sir John 
 Proude by his wife Anne Fagge (since Fagg). Al- 
 though connected rather closely with Lord Culpepper 
 and Sir John Fagg (created a baronet in 1660), and 
 others of worldly station, William Penn's wife, being 
 a Quakeress, avoided the superfluous expenditure of the 
 fashionable, which might have made her relatively poor. 
 After Penn's death, somebody in the family employ 
 swore that he had heard that Gulielma had brought 
 Penn an estate of £20,000, which he put into the Penn- 
 sylvania venture. One or the other part of the story 
 is an exaggeration. Worminghurst, which is spoken 
 of as descending from her to her son, appears to have 
 been bought for her by Penn with £4500 of her money. 
 She also had the property worth about £3000 which was 
 mortgaged at the time of his first coming to America. 
 In part recompense for this, some land in Pennsylvania 
 was granted by Penn to her younger children. 
 
 Penn's father left him a good estate, without count- 
 ing the money claim against the English government; 
 but William Penn, instead of husbanding his property,
 
 A Eepublican Feudatory. 177 
 
 followed the career of a minister among Friends, which, 
 involving trials and punishment and travelling and put- 
 ting forth books, engrossed his attention, and devoured 
 his income as much perhaps as the diversions of the 
 worldly would have done. 
 
 From the day, or before the day, when Pepys speaks 
 of Admiral Penn's coach being better than the King's, 
 until the careful John and Thomas Penn grew up, the 
 Penns were extravagant; but free expenditure in re- 
 ligious work, or in maintenance of a Quaker family, 
 would not have piled up indebtedness for William Penn. 
 His great real estate speculation and his part in Eng- 
 lish public life, with what grew out of both, brought 
 him to such financial straits as changed him from a 
 philanthropist to a spoilsman and at times a lobbyist. 
 
 In the matter of principal business agent, or steward, 
 William Penn was very unfortunate. He employed 
 about the time of the Admiral's death, a Quaker named 
 Philip Ford to look after the Admiral's affairs. Ford, 
 who may have been the Philip Ford of Buckingham- 
 shire in 1666, as well as the Philip Ford of Mary Le 
 Bow Parish, London, in 1677, mentioned in Joseph 
 Besse's Sufferings of the Quakers, was subsequently 
 styled as of London, merchant, and became in fact until 
 his death banker to the first Proprietary. 
 
 When the sales to the "first purchasers" were in 
 progress, practically all the cash was paid by them to 
 Ford: it amounted by Aug. 23, 1682, to £5652 9s. lid. 
 Ford bought the goods to be sent to America, and paid 
 other expenses of the undertaking, with probably sums 
 to Penn and the officers under him, until, as Penn was 
 at Deal, about to set sail the first time for America, 
 Ford appeared with an account making Penn in debt 
 to him £2851 7s. lOd. Penn, having no time to look 
 into this, marked it correct. Then, to secure Ford, 
 he gave him, intended as a mortgage, a lease and re- 
 lease, dated Aug. 23 and 24, 1682, for 300,000 acres 
 
 12
 
 178 Chronicles of Pennsylvania. 
 
 in Pennsylvania, and a bond, dated Aug. 24, to pay 
 £3000 on Aug. 26. These and the subsequent instru- 
 ments executed by one to the other were not to interfere 
 with Penn's making sales, and his giving good title to 
 surveyed lots, but were merely to protect Ford, and 
 were accordingly kept secret during his life. 
 
 Over and above the debt which Penn relinquished to 
 the Crown, the actual expenses of starting the colony, 
 including Penn's living there two years, took all the 
 money from the sales until after his return from his 
 first visit; and then, for a long period, the sales were 
 few. He had secured as quit rents an annual income 
 for the future of about £400, exclusive of what the 
 Swedes and other old inhabitants would pay. The quit 
 rents were not promptly paid, and in many cases were 
 years in arrears. The Assembly had, in March, 1682-3, 
 been so complaisant as to grant him 2d. per gallon on 
 all rum, wine, brandy, and strong waters imported, Id. 
 per gallon on all cider, and 20s. on every £100 on all 
 merchandise except molasses. How much was ever 
 collected, we do not know : but, although intended to be 
 permanent, and so reenacted until 1690, this aid to him 
 was repealed in that year. 
 
 On Penn's return from his first visit. Ford said that 
 £1000 were owing to the latter, while the account, or 
 the copy of it preserved by the Historical Society of 
 Pennsylvania, has a further credit of £1858 12s. 4d. 
 received by Ford for lands to lmo. 21, 1684-5. Ford's 
 wife was not satisfied with the security, and, although 
 £518 12s. more came from sales, Penn was continuing 
 to get advances; so, under date of June 10, 1685, he 
 made, in place of the lease and release, a long term lease 
 to Ford, following a method at one time much in vogue 
 in England to make land disposable as if not real estate. 
 This lease from Penn to Ford was for 5000 years, and 
 covered all quit rents and 300,000 acres, including the 
 manors of Pennsbury, Springton, and Springfield and
 
 A Republican Feudatory. 179 
 
 city lands, making exceptions, it appears, of what had 
 been already sold. There was a clause for annulment 
 on repaying the consideration expressed, viz. £5000. 
 On 2, 24, 1686, before going to Holland, Penn wrote to 
 friends in Pennsylvania that to raise money was hin- 
 dering his return to the province — perhaps the King 
 contributed to the journey to Holland. Penn told these 
 friends that he had spent £3000 since he saw London, 
 besides paying some bills drawn before leaving Amer- 
 ica. So the long term lease to Ford was replaced two 
 years after its date by one covering also the town of 
 New Castle, and representing £6000. 
 
 Brought by the Baltimore claim into closer inter- 
 course not only with the court officials, but with James, 
 who was Duke of York at Penn's return to England, 
 but succeeded as King a few months later, William 
 Penn, until the authority of that monarch was at an 
 end, had great prominence and power in the realm as 
 one of the King's personal friends. Attached to him 
 by gratitude, and seeing in his endeavors to break down 
 the Established Church a chance for general religious 
 toleration, Penn pursued a political course, which, how- 
 ever beneficial to the Quakers and to others, has not 
 made him popular with English historians. The 
 Quakers should rather revere the memory of the Stuart, 
 who, in his attempt to reconcile England to Rome, re- 
 lieved their early co-religionists and other Dissenters. 
 His "merry" brother, Charles II, although at first 
 inclined to toleration, had yielded to the party insisting 
 upon conformity to a Protestant liturgy, and had relin- 
 quished an idea of reestablishing Romanism, and had 
 not stirred himself to interfere with the prosecution of 
 the "Children of the Light:" at least he left at his 
 death about 1200 of these non-militant persons in jail 
 for not taking an oath, or not attending their parish 
 church. James, by proclamation dated March 15, 
 1685-6, released them, and remitted their fines, and he
 
 180 Chkonicles of Pennsylvania. 
 
 stopped further process and indictment. It is not 
 strange, therefore, that, as a messenger from James, 
 William Penn, about two months later, on a religious 
 visit to Holland, sought William of Orange, who, fail- 
 ing the Princesses Mary and Anne, was heir to the 
 British throne, to get his support for James 's proposal 
 to abolish the religious test for holding office. William 
 would not agree, although expressing himself opposed 
 to penal laws against faith and worship. Penn is said 
 to have thought that a declaration of indulgence 
 founded on a royal claim to dispense with statutes would 
 be a mistake; but, after James, on April 4, 1687, 
 issued his famous declaration suspending the laws 
 against non-conformity, and dispensing with the tests 
 which had excluded all but members of the Established 
 Church from seats in Parliament and offices, the Yearly 
 Meeting, on 3, 19, 1687, adopted an address thanking 
 the King, and praying God to preserve him and those 
 under him in so good a work, and assuring him that 
 it was well accepted in the counties from which the 
 attendants came, and hoping that its good effects would 
 produce such a concurrence from the Parliament as 
 would secure it to posterity; and Penn, at the head of 
 a delegation for the purpose, presented the address. 
 
 Peun's right to make laws for more than Pennsyl- 
 vania proper, being of even greater doubtfulness than 
 his title to the soil of the Lower Counties, and a patent 
 for the latter being in preparation after James II as- 
 cended the throne, a suggested form for the patent, 
 which is preserved by the Historical Society, relieved 
 Penn from all liability for allowing religious toleration 
 in those parts. 
 
 When James II, by headlong disregard of the advice 
 of Penn and other loyal and honest observers, had lost 
 his hold upon his subjects, and nearly every one was 
 serving the plans of the Prince of Orange, Penn did 
 not even go to the country, and assume an appearance
 
 A Republican Feudatory. 181 
 
 of neutrality. On the day preceding that on which 
 James, throwing the great seal into the Thames, made 
 the first attempt at flight, Penn was walking in White- 
 hall, and the Lords of the Council sent for him, and took 
 security in £6000 for his appearance to answer any 
 charge which might be made against him. Thus, hav- 
 ing overspent so much, he was, at the accomplishment 
 of the Eevolution, poor, in debt, and under suspicion. 
 On Feb. 20, 1688-9, the Committee for Trade and Plan- 
 tations, having called him and Lord Baltimore before 
 them, ordered the two Proprietaries to proclaim 
 William and Mary in Pennsylvania and Maryland 
 respectively, and both Penn and Lord Baltimore prom- 
 ised to obey any order of the Committee. Three days 
 afterwards, a letter from the Privy Council, dated the 
 19th, with the form of a proclamation to be used in 
 Pennsylvania, was handed to Penn. By the infrequent, 
 slow, and perilous communication with America in that 
 century, this did not reach Pennsylvania until a year 
 and six months all but a few days had elapsed. Before 
 the end of February, 1688-9, the Council ordered Penn's 
 arrest, he being then at his seat, Worminghurst ; but, 
 writing to the Earl of Shrewsbury, Penn protested his 
 innocence of any part in any conspiracy against the 
 new government, and his not knowing of any, and re- 
 quested that the new King allow him to remain at his 
 house in the country, and attend to pressing business 
 relating to America, being under the aforesaid heavy 
 bail. The King allowed this. At Easter Term, nothing- 
 being alleged against Penn, he was cleared and dis- 
 charged by the Judges.
 
 CHAPTER VII. 
 
 Government under the Frame of 1683. 
 
 Insignificance of the acting Governors of Penn's 
 colony and the explanation — John Blackwell — 
 Quakers hard to manage in political affairs — His 
 high notions of government — Control of the press 
 — Penn partly responsible — Obstruction of busi- 
 ness by Thomas Lloyd and others — Assembly con- 
 tends for member's privileges — Question of any 
 laws being in force — White's arrest — All laws 
 passed before Penn's departure declared in force 
 until he could be heard from — William and Mary 
 recognized, and debate in Council upon arming the 
 colony for defence against France — Blackwell re- 
 lieved of the governorship, the Council succeeding 
 with Lloyd as President — Impost for Penn discon- 
 tinued — The people of the Lower Counties dissatis- 
 fied with the Pennsylvania Councillors — Failure 
 of justice in Lower Counties — Split in Council on 
 choice of new commissions for the Deputyship — 
 Lloyd chosen Lieutenant-Governor — Delawareans 
 choose Cann as President — The borough Philadel- 
 phia chartered as a City — Capture of a river pirate 
 — Penn commissions Lloyd, and makes Markham 
 Lieut.-Governor of the Lower Counties. 
 
 While the Governorship of some of the colonies, 
 being a rulership directly under the Crown, was often, 
 even in pioneer days, held by a person distinguished 
 by title of nobility, by family relationship, or by the 
 command of expeditions, the reader will look in vain for 
 such, unless one baronet will answer, among those who 
 before 1776 administered the affairs of Pennsylvania
 
 Government Under the Frame of 1683. 183 
 
 and Delaware. They with the exception of William Penn 
 himself and Benjamin Fletcher were merely Lieu- 
 tenants of a Governor-in-Chief, and so of lesser dignity. 
 As a rule, the Penns appointed some inhabitant of the 
 colonies or an inferior military officer. Without the 
 prestige of a Governor-in-Chief , or "King's Governor," 
 or "Royal Governor," and involving practically ban- 
 ishment from civilization, and with a stipend providing 
 for mere daily living, the office long was what no resi- 
 dent of the Old World in good circumstances would 
 accept. Edward Randolph, in 1695, making objections 
 to all Proprietary governments, pointed out that the 
 actual governors in such were mere stewards of the 
 Proprietaries, and were persons of indifferent quali- 
 fications, parts, and estates, with inconsiderable main- 
 tenance and precarious tenure. The dominions of the 
 Penns and the dominions of the Calverts alone re- 
 mained subject to rule by Proprietaries after pioneer 
 days, being in fact so subject until the American 
 Revolution. Occasionally, matching the said Lieuten- 
 ant-Governors in inferiority of designation, the actual 
 governors of some colonies under Crown rule, as 
 Robert Dinwiddie in Virginia, were only Lieutenant- 
 Governors, an absentee being titular Governor. The 
 earliest Governors of Virginia were knighted upon ap- 
 pointment, if not already knights or higher in pre- 
 cedency. The dullness of Philadelphia to a non-Quaker 
 has been spoken of: the parsimony of those who were 
 expected to pay the stipend will appear in the early 
 part of this history. These respective characteristics 
 were slow in yielding to the influence of neighbouring 
 example. Besides all this, the task of conducting the 
 affairs of Pennsylvania was, as will be seen, peculiarly 
 difficult; and, even when the colony equalled or ex- 
 ceeded some of the Royal ones in population and 
 wealth, and furnished to a satisfactory official a good 
 income, the situation of the Lieutenant-Governor, who
 
 184 Chronicles of Pennsylvania. 
 
 otherwise might have been contented with the title, 
 surroundings, and remuneration, was very disagree- 
 able. He had to serve three masters, to whom his con- 
 duct was reported by independent officers, by business 
 agents, or by intractable politicians respectively; the 
 three masters being the King, chiefly in matters of war, 
 customs revenue, and trade regulations, who could 
 force his removal, and otherwise punish him, the Pro- 
 prietary, who appointed and could supersede him, and 
 the People, or, at least, the freemen represented in 
 Assembly, who paid him. To the difficulty of harmoniz- 
 ing the requirements of the King and the freemen, was 
 added the obligation to protect the interests of the Pro- 
 prietary, and, lest gratitude or fear of removal might 
 not be sufficient to induce the Lieutenant to follow this 
 obligation, instructions and limitations of power were 
 put upon him. William Penn himself, not only, as we 
 have seen, made reservations capable of great exten- 
 sion, but also began the giving of instructions. 
 
 In the matter of previous career, more can be said of 
 John Blackwell than of most of the other Lieutenant- 
 Governors. He, as Captain John Blackwell Junr. from 
 Mortlake, Co. Essex, had been a Treasurer of the Army 
 in the time of the Commonwealth, and afterwards had 
 refused a great office in Ireland under Charles II and 
 James II because its emolument was derived from per- 
 quisites. Blackwell had married General Lambert's 
 daughter, and was a Puritan, of whom Nathaniel 
 Mather wrote in 1684 (Mass. Hist. Coll.) : "For serious 
 reall piety & nobleness of spirit, prudence, &ct., I have 
 not been acquainted with many that equall him." He 
 was residing in New England, when, without solicita- 
 tion, Penn selected him, hoping that, while Blackwell 's 
 conscience would leave him free to perform military 
 service, his high character would command the respect 
 of the Quakers, and that thus there would be an ad- 
 ministration satisfactory both to the King and to the
 
 Government Under the Frame of 1683. 185 
 
 colonists. Penn does not appear to have taken into 
 account the antipathy between a Puritan and a Quaker, 
 who had scarcely anything in common but opposition 
 to the Church of England, and were inclined to tolerate 
 one of its adherents rather than each other. Blackwell, 
 rather as a favor to Penn, to whom or to whose father 
 he may have felt gratitude for something in those peril- 
 ous times, accepted with the expectation of being soon 
 relieved by the return of Penn to America. The col- 
 lection of the quit rents was also given to Blackwell, 
 and the percentage allowed to him with the fines and 
 forfeitures accruing to the Governor seems to have 
 been his entire or the chief part of his remuneration. 
 He thus being an interested party, when he had sat as 
 magistrate in trials where fines or forfeitures might 
 be found due, the Assembly, but not by unanimous vote, 
 took a stand for the impartiality of the judiciary, and 
 declared such a course a grievance. He arrived in 
 Philadelphia on Dec. 17, 1688, before news had come 
 of the landing of the Prince of Orange in England. 
 Blackwell 's first act, on assuming office on the 18th, 
 was, it happened, the setting apart, according to an 
 order received, of a day for "solemn thanksgiving to 
 Almighty God for His inestimable blessing to his 
 Majesty's kingdoms and dominions by the birth of a 
 Prince," the poor little baby who in later history was 
 commonly known as the Pretender, who on the thanks- 
 giving day was in France for safety. 
 
 The Councillors when Blackwell arrived were the 
 following: from Philadelphia County, Turner and 
 Carpenter and Samuel Richardson ; from Bucks, Cooke 
 and Joseph Growdon and William Yardley; from 
 Chester, Simcock and John Bristow and Bartholomew 
 Coppock; from New Castle, John Cann, Peter Alricks, 
 and Johannes De Haes; from Kent, William Darvall, 
 ex-Lieutenant-Governor Markham, and Griffith Jones, 
 a Quaker, evidently identical with the Philadelphia
 
 186 Chronicles of Pennsylvania. 
 
 merchant, and from Sussex, William Clark and Luke 
 Watson, there being a vacancy owing to the dismissal 
 of William Dyer, who was a son of the Quaker martyr, 
 Mary Dyer, put to death in Boston. Besides Jones, 
 Clark and all those from the Upper Counties were 
 Quakers. If the Jones whom Blackwell so much fav- 
 ored was not the Welsh attorney, but the Councillor, 
 the latter was not one of the former Quaker office- 
 holders, and consideration shown to him rather excited 
 their jealousy. 
 
 A Quaker community in the time when nearly every 
 member had experienced a call to seriousness was more 
 moral probably than the same number of persons of 
 any other religious denomination, although the num- 
 ber of accusations in the early records of Pennsylvania, 
 as well as those of the Territories Annexed, surprises 
 us. Physical violence was utterly inconsistent with 
 Quaker habits, so that in this respect, under Quaker in- 
 fluence, at least Pennsylvania proper was law-abiding. 
 Politically, however, the Quaker freemen were hard 
 to manage, apart from any question of obeying God 
 rather than man, as they felt on the subject of war 
 and oaths. A characteristic of the Children of the 
 Light was not docility. They had begun by the adop- 
 tion of theories and practices in the face of all ecclesi- 
 astical tradition known to them, and of the customs of 
 their neighbours; and the tendency of such reformers 
 was to be opinionated, censorious, and intractable. 
 Years of subjection to persecution had hardened their 
 character, had accustomed them to the status of rebels, 
 and had made them fearless. Disputations had sharp- 
 ened the wits of their leaders, and embittered their 
 language. It will be seen, particularly at the attempts 
 to enforce privileges, perquisites, and impositions 
 which landlords and rulers had usually exacted, and 
 which elsewhere had been agreed to as matters of 
 course, how far the Quakers of Pennsylvania were
 
 Government Under the Frame of 1683. 187 
 
 from being a flock of sheep uncomplainingly allowing 
 themselves to be fleeced. 
 
 Blackwell was dignified and fairly courteous, but 
 very exacting of deference, unflinching in following 
 what he deemed his duty, and requiring everybody to 
 observe the letter of the law. His participation in 
 the Civil War had made him more military than re- 
 publican. Perhaps he was afraid of not appearing 
 thoroughly loyal to the monarchical regime: he had 
 narrowly escaped attainder as an accessory to the put- 
 ting to death of Charles I, having, in the course of 
 business as Treasurer, paid for building the scaffold. 
 Commissioned, it appears, as Governor, instead of 
 Lieutenant-Governor, by Penn, Blackwell had high 
 ideas of the prerogative with which the appointment 
 invested him. When he examined William Bradford 
 on the charge of printing without authorization the 
 Frame of Government, and, finally, on Bradford's de- 
 clining to accuse himself by acknowledging the print- 
 ing, bound Bradford in 500Z. to print nothing without 
 the Governor's ''imprimatur," Blackwell remarked: 
 "I question whether there hath been a Governor here 
 before or not, or those which understood what govern- 
 ment was, which makes things as they now are." It 
 is most probable that until his arrival he was not aware 
 how Penn's charter embodying the Frame of 1683 had 
 neutralized the seigniorial powers conferred upon the 
 Proprietary by the King: and Blackwell doubted the 
 validity of such neutralizing. Blackwell was either 
 very astute in raising legal questions, or appreciative 
 of points, suggested, perhaps, by Griffith Jones the 
 lawyer. 
 
 Perhaps Penn expected Blackwell to set things right, 
 a sentence of some instructions telling him to ■ ' rule the 
 meek meekly, others that will not be so ruled, rule with 
 authority." Moreover, Penn had given to Blackwell, 
 so the latter told Bradford, a particular order for
 
 188 Chronicles of Pennsylvania. 
 
 "suppressing of printing here, and narrowly to look 
 after your press." This we have from an old manu- 
 script account of Bradford's examination. Before the 
 Council, Blackwell said that Penn had declared himself 
 against the use of the printing press. 
 
 With Blackwell, on his part, feeling, as might have 
 been expected, no predilection for the Quakers, and 
 putting Jones in the commission of the peace for at 
 least three counties, making Patrick Robinson pro- 
 Register-General, and naming Markham as first among 
 the Justices of all the counties, the conduct of the lead- 
 ing Quakers, on their part, was not such as to win 
 Blackwell. Contention filled the time of his adminis- 
 tration. Lloyd, from the first, interposed his own judg- 
 ment in matters where it seemed to be his duty to obey 
 orders. Blackwell, being referred by his commission 
 to such instructions as had been sent to the President 
 
 rand Council, or to the Commissioners of State, called 
 for "the letter sent by the hands of Edward Blackfan," 
 and secured resolutions from the Council — those pres- 
 ent being four Quakers and Darvall and Markham — 
 that all original letters and instructions either to Com- 
 missioners of State or President and Council should 
 be delivered to the Secretary, and such parts of other 
 letters to any of them as gave instructions should be 
 transcribed, and the transcripts certified for the Secre- 
 tary. Perhaps Lloyd and those in his confidence had 
 been concealing Penn's threat, in the letter of 12mo. 1, 
 1686, to dissolve the Frame; perhaps they thought it 
 injudicious to publish his order to abrogate the laws, 
 deeming such order illegal, or not representing his later 
 wish, or in fact obsolete. At any rate, Lloyd allowed 
 Blackwell to read only some parts of the letter, and 
 then Lloyd took a month to consult the others to whom 
 this and other letters were addressed as to complying 
 with the request for delivery to the Secretary. Appar- 
 ently Cooke and Eckley felt the same way as Lloyd,
 
 Government Under the Frame of 1683. 189 
 
 who made answer that the original letters had been duly 
 considered by those lately Commissioners, and they 
 knew of none which might now be of service, that such 
 as contained instructions had been delivered to view, 
 and were transcribed, and that most of the letters re- 
 mained in his own custody with the assent of those to 
 whom they were directed. It was at last agreed unani- 
 mously in the Council that attested copies of the letters 
 and of the parts of private letters should be delivered. 
 Lloyd also claimed the right to refuse the great seal 
 to documents which he deemed improper, a right which 
 would have made him a chancellor or a court to declare 
 acts unconstitutional or a superior governor, and which 
 would have resulted in such confusion that Penn can not 
 be supposed to have intended it. Lloyd's first refusal 
 was in regard to a certain commission for Justices of 
 the Peace and holding of a County Court for Philadel- 
 phia County, the form of the commission being dis- 
 approved of by him. On his intending to visit New 
 York, the Council, six being present, asked him to leave 
 the seal for the accommodation of public business, the 
 Quakers on this occasion adopting Blackwell's motion, 
 Simcock saying that the Keeper should not be allowed 
 to go away. Lloyd, in writing, declared that the action 
 of the Council was an arbitrary disposing of the most 
 eminent estate for life yet given in the government, 
 that he had been unkindly dealt with, and that, being- 
 done by a minority of the members, and by vote 
 instead of ballot, — the Frame requiring ballot in the 
 choosing of officers and all other personal matters,— 
 the act was unwarrantable by law and charter; and 
 he asked that either the order be erased from the Coun- 
 cil book, or his paper filed as a protest. Blackwell had 
 gotten over the difficulty about the County Court by de- 
 ciding to issue under the lesser seal the commissions 
 in the form which he had chosen, and to refer the 
 matter to the Proprietary. But it was not easy to do
 
 190 Chronicles of Pennsylvania. 
 
 without Lloyd in the matter of the Supreme Court, or, 
 as it was called, the Provincial Court, which alone could 
 try capital crimes. The law passed while Penn was in 
 the colony provided for five Judges appointed by the 
 Governor under the great seal. There had been passed 
 in 1685 a provision for a special commissioning, not 
 requiring that seal, of three Judges by the Governor 
 and Council, but, even if this was not abrogated by 
 Penn's letter of 1686, it appeared to be an infringement 
 of his right by the King's patent to appoint all Judges, 
 and therefore void as within the exception to the power 
 under which in 1685 the Council had represented Penn 
 in making laws. Cooke asked that Lloyd's advice be 
 sought, and, this being refused, Cooke left the meeting ; 
 Clark, Darvall, Jones, Coppock, Turner, and Markham 
 remaining, it was carried unanimously to commission 
 under the older law, and according to a form then read 
 by Blackwell. This being sent to Lloyd, he declared it 
 not proper for the seal, and ''more moulded by fancy 
 than formed by law, the style insecure, the powers un- 
 warrantable, and the duration not consonant to the con- 
 tinuance of the laws upon which it should be grounded." 
 The Governor and Council having removed David 
 Lloyd from the Clerkship for Philadelphia County, 
 Thomas Lloyd, claiming the right to appoint the Clerk, 
 commissioned David as such on lmo. 1, 1688-9. It was 
 resolved by the Council that this was an usurpation of 
 the Governor's authority; and David surrendered the 
 records in due time. 
 
 Richardson (ancestor of Gov. Samuel W. Penny- 
 packer) offended Blackwell \s punctiliousness by criti- 
 cising both in and out of Council a resolution of the 
 body, and his pride by repeated declarations that 
 Penn's deputy was not Governor, for Penn could not 
 appoint one. Cooke, expressing himself more mildly, 
 scrupled at any title but Deputy-Governor. Blackwell 
 moved that Richardson be ordered to leave while the
 
 Government Under the Frame of 1683. 191 
 
 Council debated the question. Richardson declared: 
 ' ' I will not withdraw, I was not brought hither by thee, 
 and I will not go out by thy order; I was sent by the 
 people, and thou hast no power to put me out." The 
 others thought he should withdraw ; and, when he had 
 done so, it was agreed, seven members being present, 
 that he should acknowledge his offence, and promise 
 more respect in future, before he could be allowed to 
 sit again. 
 
 The imperative business in the Spring of 1689 was 
 the making of a new set of laws, the act of 3mo. 10, 
 1688, having provided that, except the fundamental 
 laws, no law passed previously, or at that session, 
 should remain in force longer than until twenty days 
 after the end of the first session of the next Assembly. 
 Accordingly, the Governor and Council were bound in 
 duty to propose, as prescribed by the Frame, a code, 
 to be published and affixed in the most public place in 
 each county by the 20th of the 2nd month, i.e. twenty 
 days before the meeting of the Assembly which was to 
 accept or reject them. The election held in 1st month, 
 1688-9, resulted in the continuance of Simcock and 
 Clark in the Council and the choice of John Eckley, 
 Lloyd, William Stockdale, and John Curtis, in the place 
 of Turner, Cooke, Cann, and Darvall, and the choice of 
 John Hill for the vacancy from Sussex. 
 
 Questions as to right to seats prevented the Council 
 from getting to work in time for legislation. On the 
 ground that fifty or sixty inhabitants of the Welsh 
 Tract had voted in Philadelphia, whereas that tract had 
 been actually taken into Chester County, Eckley 's elec- 
 tion was declared void. The Lieutenant-Governor, pur- 
 suant to the suspension of Eichardson, issued a writ 
 for an election in his place, as well as for an election 
 in Eckley 's. As to Lloyd, Blackwell proposed articles 
 of impeachment. Richardson came to the Council meet- 
 ing to take his place, justifying his former language,
 
 192 Chronicles of Pennsylvania. 
 
 and refusing to withdraw; so that the Governor ad- 
 journed the sitting until the afternoon. Then the ques- 
 tion was raised whether the Council could exclude a 
 member chosen by the people, Blackwell standing on 
 the privilege of all courts and corporations to judge 
 of the misbehavior of their members, and saying that he 
 would not suffer such affronts from any person sitting 
 at the board, and would so notify the Proprietary. 
 Markham, the Secretary, writes this minute: "Many 
 intemperate speeches & passages happend, fitt to be 
 had in oblivion." The question of Lloyd's impeach- 
 ment being then taken up, there arose warm debates, 
 his friends objecting to framing any charges. At the 
 next meeting, Lloyd walked into the room, saying that 
 he had come to take his seat. The Lieutenant-Governor 
 told him that nothing was expected from him until he 
 answered the charges. He, replying that he had as good 
 a right to be there as Blackwell had to be Lieutenant- 
 Governor, accordingly refused to withdraw. Black- 
 well then asked the other members to follow him to 
 his lodgings. Some stayed to reason with Lloyd, among 
 them Markham, the Secretary, but such were the 
 "sharp and unsavory expressions" used by Lloyd, 
 which the Lieutenant-Governor heard, he having gone 
 no further than outside the door, that Markham induced 
 him to return. Lloyd was again commanded to depart, 
 and the other members followed the Lieutenant-Gov- 
 ernor to his lodgings. On arriving there, eleven mem- 
 bers voted to proceed with the preparation of the laws 
 for the Assembly's action: four Quakers, Carpenter, 
 Growdon, Yardley, and Bristow, voted no, being appar- 
 ently unwilling to act without Lloyd, Richardson, and 
 Eckley. On the 8th of 2nd month, at the election 
 ordered by the Lieutenant-Governor to fill Eckley 's and 
 Richardson's places, the freemen decided to take no 
 ballot, although the Frame required it. In Chester and 
 the Lower Counties, the ballot had been frequently by
 
 Government Under the Frame of 1683. 193 
 
 black and white beans in a hat. On this occasion, by 
 majority vote or voice, Eckley and Richardson were 
 sent back. On the same day, there was an agreement 
 reached in Council as to what laws were fundamental: 
 but, it having been pointed out that the laws, to be valid 
 under the King's letters patent, were to be published 
 by the Proprietary or his Deputy under the seal of 
 the Proprietary or Deputy, and it not being clear that 
 any but the Act of Union had been passed under the 
 great seal, a question arose whether any of the funda- 
 mentals had been legally established. 
 
 The Councillors were turned from the subject the 
 next morning by the Lieutenant-Governor finding fault 
 with Growdon for promoting the printing of copies of 
 the Frame of Government. It was this printing which 
 caused the proceeding against Bradford, as before re- 
 lated. Blackwell expressed a fear that, if it were known 
 outside of the province, that Penn had granted certain 
 privileges, it might result in a questioning of the Pro- 
 prietary title. Growdon declined to retire during the 
 discussion, aud demanded the admission of the three 
 excluded members. Blackwell maintained the disquali- 
 fication of Lloyd and Richardson, and the nullity of the 
 second election of Eckley, although politely regretting 
 that it was not legal to admit one so fit as the last 
 named. Blackwell refused to let the Councillors ballot 
 upon this point, declaring it unsafe to let men who were 
 under such factional influence vote secretly. The 
 Quakers generally being indisposed to go into the con- 
 sideration of the laws with three representatives of 
 their element of the population excluded, the Lieu- 
 tenant-Governor, then excusing from attendance all the 
 Councillors except those required for routine business, 
 let all legislation fail. 
 
 After the adjournment on that day, Simcock, Grow- 
 don, Yardley, Curtis. Carpenter. Coppock, and Stock- 
 dale wrote a complaint to Penn— Bristow had gone 
 
 13
 
 194 Chronicles of Pennsylvania. 
 
 before it was signed — of BlackwelPs actions against 
 Lloyd, Richardson, and Eckley in opposition to the 
 Councillors ' wishes, and of the putting of a stop to leg- 
 islation. These seven told Penn that Blackwell rather 
 watched them for evil, taking down in short hand every 
 word they said, and preparing, when they were gone, 
 the minutes for his servant, a Frenchman, to transcribe, 
 and, although in many things keeping "near to the 
 truth, ' ' frequently omitting or denying what was mate- 
 rial, that he represented them and "the best people" 
 as seditious &ct., for asserting in moderation their just 
 rights, and appearing unanimous in choice of repre- 
 sentatives, and standing together against their known 
 enemies, and that Blackwell, instead of taking the ad- 
 vice of those previously intrusted with the government, 
 consulted with Jones, Robinson, and Markham. The 
 wish was earnestly expressed that Penn return to 
 America. "We now see the difference between an 
 affectionate and tender father whose children we know 
 we are and a severe hard hearted father-in-law who 
 hath no share nor lot nor portion among us." 
 
 The Assemblymen met in no good humor. Not only 
 were the excluded Councillors high in the estimation 
 of some, in fact of most, of the Quakers attending, but 
 John White, chosen a representative of New Castle 
 County in the Assembly, had been committed to jail, 
 and was detained there. Blackwell for several days 
 telling the messenger of the House that there was no 
 quorum of the Council, the House unanimously resolved 
 that the exclusion of members of the Council from that 
 body was a grievance of the country; and it also was 
 unanimously resolved that the detention in prison of 
 any person chosen to the Assembly during the time of 
 its session was a breach of privilege, and that such 
 person with the charge against him should be brought 
 before the House, that the House could judge whether 
 the charge amounted to treason or felony. Therefore
 
 Government Under the Frame of 1683. 195 
 
 the House issued a writ to the Sheriff of New Castle 
 to bring before it the body of John White, and the cause 
 of his detaining. Five members, however, Joseph 
 Fisher, Edward Blake, Luke Watson, Jr., Samuel Gray, 
 and James Sandelands, protested against such a writ. 
 On the 14th of 3rd month, Blackwell addressed the 
 Assembly at length, reciting the Proprietary's direction 
 to drop all laws except the fundamentals, the doubt 
 whether laws already passed or to be passed could be 
 valid without the great seal, the difficulty in getting 
 Lloyd to affix the great seal — according to Blackwell, 
 the Keeper ' ' refusing to allow the use of it in any cases 
 by my direction," — and the uncertainty of the Pro- 
 prietary's position in the state of affairs in England, 
 and the danger to him and the colonists of passing such 
 laws as they wished, and the Proprietary's reservation 
 of the confirmation or annulling of any laws passed in 
 his absence, so that their execution must be postponed 
 until his pleasure should be known; so Blackwell an- 
 nounced his intention of observing as Proprietary in- 
 structions what had been enacted while Penn was in 
 the province, unless contrary to the laws of England, 
 and of supplying any defect therein by the laws of 
 England. The House, by Arthur Cooke, who had been 
 elected Speaker, appears then to have presented its 
 resolve as to the grievance of not admitting the three 
 Councillors. Blackwell adjourned the Council to his 
 lodgings, against the wishes of certain members, who 
 set up a joint power to appoint the place of meeting. 
 His answer was that by his commission and the charter 
 and laws, they were to attend him ; not he, them. One 
 affirming that they were not dealt with fairly, Black- 
 well reproved him, saying that he, Blackwell, was sorry 
 that the member did not understand things better. 
 Three days later, he submitted to a quorum of the 
 Councillors the question of issuing a declaration for 
 continuing the laws formerly passed by the Proprietary
 
 196 Chronicles of Pennsylvania. 
 
 himself until word should come from England. Sim- 
 cock and Clark feared, that, even with such a declara- 
 tion, justices would not feel safe in doing anything 
 after the expiration of twenty days from the end of the 
 Assembly's session. Blackwell said that all action by 
 the justices would surely be confirmed by an act of in- 
 demnity and confirmation, as government was a neces- 
 sity. Growdon suggested to keep the laws alive by 
 agreeing to the Assembly taking a recess, while Stock- 
 dale and Carpenter said that the Assembly could, by 
 its own power, take such a recess; but Blackwell said 
 that this was in no way countenanced by the Charter, 
 the instructions, or the laws. Bristow thought it would 
 be well for the Governor and Council and the Assembly 
 to join together in a declaration to the magistrates that 
 the laws made and confirmed from the beginning and 
 practised, continue in force until further order from 
 the Proprietary. This pleased Blackwell, but was not 
 followed by the Council. 
 
 The Assemblymen, adopting on the day of this debate 
 in Council an answer to the Lieutenant-Governor's 
 speech, said that they were credibly informed that 
 William Penn had changed his mind about letting the 
 laws drop, and, as far as they knew, all those passed 
 since his departure had been sent for his refusal, and 
 none had been declared void by him ; no higher sanction 
 was required than what had been accepted up to that 
 time by the colony ; it was hoped that no law would be 
 imposed upon them as being made and published under 
 the great seal by the Proprietary and Governor with 
 the consent of the freemen, instead of as made "in the 
 stipulated way of the Charter and Act of Settlement;" 
 the representatives conceived all laws not adjudged 
 void by the King under his Privy Seal to remain in 
 force; and they deemed inconsistent with the constitu- 
 tion the Deputy's expedient of governing, unless with 
 the concurrence of the Council, by such laws made be-
 
 Government Under the Frame of 1683. 197 
 
 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
 
 198 Chronicles of Pennsylvania. 
 
 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 Eichardson 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
 
 Government Under the Frame of 1683. 199 
 
 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 Eoman 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
 
 200 Chronicles of Pennsylvania. 
 
 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,
 
 Government Under the Frame of 1683. 201 
 
 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-
 
 202 Chronicles of Pennsylvania. 
 
 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 llmo. 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. Eichardson 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 lmo. 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 sue-
 
 Government Under the Frame of 1683. 203 
 
 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, Id. 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 6001. 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 
 2001. 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
 
 204 Chronicles of Pennsylvania. 
 
 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
 
 Government Under the Frame of 1683. 205 
 
 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,
 
 206 Chronicles of Pennsylvania. 
 
 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
 
 Government Under the Frame of 1683. 207 
 
 New York. The latter thought, they disclaimed in a 
 letter to Perm. 
 
 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.
 
 208 Chronicles of Pennsylvania. 
 
 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 1001. 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 Eoberts, 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. 
 
 14
 
 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 Eutter — Dispute as to the prop- 
 erty — The Lloydians — Triumph of Orthodoxy in 
 the Society of Friends. 
 
 The Society of Friends had never promulgated ar- 
 ticles of religion to be subscribed, or a eatechisni to be 
 taught. Peculiar tenets and practices, which presup- 
 posed the truth of much of what Western Europe 
 believed, were recognized as Quakerism: but the pref- 
 atory and even basic dogmas, while they might be 
 gathered from writings like Barclay's, were left to the
 
 Religious Dissension. 211 
 
 individual conscience, directed by an inner revelation. 
 There was no insisting upon even those creeds which 
 have been called the symbols of Christianity, and which 
 Fox and the majority of his followers had accepted 
 together with the historical statements of the Gospels. 
 Fox had flouted at training-schools for ministers, even 
 at making them familiar with Hebrew, Greek, and 
 Latin. Thus, with hearers ignorant of, or with no pre- 
 dilection towards, what was agreed upon by Roman 
 Catholic, Calvinist, Lutheran, Greek, and Anglican, 
 there was a diversity of teaching in the bond of fellow- 
 ship, which is delightful in the view of many people 
 of to-day. There does not seem to have been any con- 
 siderable movement to give a Unitarian interpretation 
 to the New Testament. John Gough's History of the 
 People called Quakers says that George Whitehead, 
 William Mead, and other English Friends, on exami- 
 nation before Parliament, gave satisfactory statement 
 of their belief in the Trinity as well as Holy Writ, so 
 that the profession of faith required by the Act of 
 Toleration then passed was put in the words suggested 
 by them — a strange way, indeed, of stating the Trinity 
 — viz: "I, A. B. do profess faith in God the Father 
 and in Jesus Christ his eternal Son, the true God, and 
 in the Holy Spirit, one God blessed for evermore ; and 
 do acknowledge the Holy Scriptures of the Old and 
 New Testament to be given by Divine Inspiration." 
 Yet there had been, and there lingered in that body of 
 exalters of their personal intuition a tendency to make 
 figurative or to forget the Bible's story, and, from the 
 expressions of some prominent members, it seemed at 
 times that they were lapsing into Deism. The great 
 opposition which Christian theologians, Presbyterians, 
 Episcopalians, and Congregationalists, made to the 
 Society of Friends in the last third of that Century 
 was more conscientious than a desire for soldiers, for 
 tithes, or even for observance of the sacraments: it
 
 212 Chronicles op Pennsylvania. 
 
 was loyalty to external Revelation. The reproaches 
 cast upon the Society that its teachers, if, indeed, they 
 did not reject, at least failed to hand down, their de- 
 posit of truth, seemed to many people to be justified 
 by the events now to be mentioned, when a party taking 
 a stand for Orthodoxy declined to hold meetings with 
 the majority of the ministers at Philadelphia, and when, 
 moreover, the Yearly Meeting in London expelled the 
 leader of that party, 
 
 George Keith, one of the most eminent preachers and 
 controversialists of the Society, long felt the need of 
 some sort of confession of faith, probably almost as 
 much to answer the jibes of non-Quakers, as to control 
 or teach Quakers. In fact, the occasion of his urging 
 the matter in the Philadelphia meeting was the accusa- 
 tion made by Christian Lodowick in Rhode Island 
 that the Quakers, giving another sense to the words 
 of Scripture, denied the true Christ. Keith had gone 
 to Rhode Island to assist other Friends in disputation. 
 No impression seeming to be made by the spoken 
 avowal of positive or literal faith, Keith and others, in 
 4th month, 1691, wrote a declaration of the belief of 
 the Friends in certain points of elementary Orthodoxy 
 as to our Lord Jesus Christ of Nazareth. Apparently 
 it was another one of Keith's productions, printed in 
 1692, which he submitted to the Philadelphia Monthly 
 Meeting of 11th month, 1691, and approval of which 
 was expressed at the next Monthly Meeting by three of 
 the six appointed to examine it. The Rhode Island 
 Meeting directed the printing of the aforesaid confes- 
 sion, and it was printed by Bradford in Philadelphia. 
 The leaders in Penn's great town went so far as to 
 find fault with Bradford for doing this, they never 
 having authorized the publication of that much of a 
 creed. 
 
 It is necessary not only to mention the Keithian 
 schism, because it was an important incident in the his-
 
 Religious Dissension. 213 
 
 tory of the colony, but to go into considerable detail, 
 because, with the exception of Gough, the Quaker 
 writers and those who have echoed them, have told 
 little except of the bad temper, violent language, and 
 self-will of Keith. He certainly had the natural indig- 
 nation of a zealot, he was habituated to the bitterness 
 of expression of that age, in which the Quakers had 
 been about as bitter as others, and he carried out the 
 sectarian idea of separating from those teaching what 
 is false. The schismatics from whom he separated, by 
 that time, however, had formed themselves into what 
 they believed to be a Church, and thought schism from 
 it to be a sin; and their preachers had begun to be 
 separate as clergy from the laity. Gough 's account is 
 not entirely accurate in details, apart from being pretty 
 much a sermon upon two texts put at the end, viz : the 
 statement that, on lmo. 16, 1713-4, Keith, as he lay 
 sick in bed, said that he did believe that if God had 
 taken him out of the world when he went among the 
 Quakers, and in that profession, it had been well with 
 him; and the statement that, a couple of years later, 
 to a Quaker visiting Keith, when on his death-bed, he 
 said that he wished he had died when a Quaker, for he 
 was sure that it would have been well for his soul — 
 remarks which were, after all, different from saying 
 that he had done wrong in leaving the latitudinarians 
 controlling the Society of Friends, and did not even 
 involve the unimportance of the sacraments, for he had 
 received them, water-baptism, as he mentions, and al- 
 most as certainly the bread and wine before becoming 
 a Quaker. Both Robert Barclay and he had shown 
 themselves not wholly satisfied with the Quakers' dis- 
 continuance of a religious — we may say eucharistic, 
 but not sacramental — feast ; and, before Keith received 
 the Communion from the Church of England, he prac- 
 tised the rite, as well as that of baptism, among the
 
 214 Chronicles of Pennsylvania. 
 
 seceding Quakers who attended him. Some of the 
 Scotch Quakers were then practising a feast. 
 
 Keith was born in the vicinity of Aberdeen, Scotland, 
 and graduated at Marischal College, intending, it is 
 supposed, to be a minister of the Scottish Kirk. He 
 was converted to Quakerism in or before 1664, when 
 he suffered the first of his many imprisonments in its 
 cause. He assisted Robert Barclay in disputations, 
 succeeded Christopher Taylor in the school at Edmon- 
 ton, and was Surveyor-General of East Jersey. Bp. 
 Burnet, acquainted with Keith at College, claimed that 
 he was the most learned member of the Society of 
 Friends. He came to Philadelphia in 1689, and for 
 over a year had charge of the school chartered by Penn, 
 retiring from it on 4mo. ]0, 1691. 
 
 Keith, who, by his far superior prominence in the 
 Society at large, could without presumption aspire to 
 the leadership of the members in America, first ruffled 
 his new neighbours by projects for changing their dis- 
 cipline. Gough says that Keith proposed some regu- 
 lations to the ministers at the Yearly Meeting, but, on 
 the latter wishing to ask the Yearly Meeting in London, 
 decided to let the matter drop. He then undertook to 
 correct by Orthodox standards the loose preaching 
 which he was hearing at Meetings. In attempting to 
 restrain the tendency to allegorize the New Testament, 
 he overhauled William Stockdale for preaching "Christ 
 within" to the exclusion of the historic Christ. Going 
 beyond this elementary reform, Keith insisted on doc- 
 trines well accepted by contemporary theologians, but 
 of which probably his fellow ministers present had 
 never heard, while he indulged in speculations which 
 perhaps they did not comprehend. Jennings reported 
 afterwards to the Quakers in England that the question 
 on which so many took the negative was the universal- 
 ity of the need of faith in the historic Christ for salva- 
 tion. Keith had formerly taken the negative, but,
 
 Religious Dissension. 215 
 
 changing, suggested at one time that the heathen might 
 acquire that faith in some future state, and suggested 
 at another time that the "inner light" could give an 
 unconscious faith. In short, Keith undertook to direct 
 in doctrine and procedure the Friends of Pennsylvania. 
 How troublesome certain of them were in secular affairs, 
 this history elsewhere shows ; while as to Jennings, who 
 had recently moved from West Jersey, his course there 
 may have been conscientious, but he was once elected 
 Governor of that province, and his election declared 
 by Quaker arbitraters an infringement of Byllinge's 
 right. It was difficult enough to teach a group of the 
 most independent religious thinkers. Those with whom 
 Keith was concerned, were the most important part 
 of the Society of Friends politically, and felt them- 
 selves a chosen people. At their head as Clerk of the 
 Quarterly Meeting of Ministers, enabling him to mould 
 the expression of the sense, was Jennings ; and nothing 
 could be done among the Philadelphia Friends which 
 did not commend itself to Thomas Lloyd, while any 
 confession of faith would abridge the liberty, or contra- 
 dict the views, of some old preacher or "martyr." 
 Lloyd (see Roberts's letter in Penna. Mag. of Hist., Vol. 
 XVIII, p. 205) did not antagonize Keith until he in- 
 sisted upon a declaration of faith. There were some 
 leaders who actually had cast aside many of the older 
 and widely prevalent beliefs. In the Reasons and 
 Causes of the Separation, written by Keith or his 
 friends, it is said that the doctrine of Christ's being 
 in Heaven in the true nature of man, and of faith in 
 Him being necessary to our perfect justification and 
 salvation, and of His coming again, outside of us, to 
 judge the quick and the dead, and of the resurrection 
 of the dead and day of judgment were called by some 
 "Popery," and by others "Presbyterian and Baptist 
 principles." With the leaders, the resentment excited 
 by Keith's various propositions, and, with the more
 
 216 Chronicles of Pennsylvania. 
 
 docile, the feeling that he was troublesome, obscured 
 the greater issue which was raised when he criticized 
 theological expressions, and was met with statements 
 and questions which until some time in the Nineteenth 
 Century, would not have been tolerated in any so-called 
 Christian Church. Some of those who refused to fol- 
 low Keith, including Lloyd, had no intention of com- 
 mitting themselves to Rationalism, particularly after a 
 letter was received from George Whitehead, Patrick 
 Livingston, and other London Friends deprecating dis- 
 putations upon subjects not tending to edification, and 
 affirming salvation through Christ to those who never 
 heard of Him, but urging all not to reject Jesus Christ's 
 outward coming, suffering, death, resurrection, ascen- 
 sion, and glorified state in the heavens. 
 
 Those who had been reproved by Keith, attacked him 
 in return. Stockdale criticized Keith's speaking so 
 much of Christ within and Christ without as preaching 
 two Christs, or as letting people infer two distinct 
 Christs. The Plea of the Innocent, in contradiction to 
 the Quarterly Meeting of the following year about the 
 violation of Gospel order, says that Keith did privately 
 deal with Stockdale, and then laid the matter before 
 twelve of the ministers, who, except John Hart, and ex- 
 cept John Delaval, rather excused Stockdale. Calling 
 Stockdale an ignorant heathen, Keith asked judgment 
 against him for making the criticism, or charge, and, 
 receiving no answer, laid the matter before the Yearly 
 Meeting held in Philadelphia in 7th month, 1691. 
 Keith afterwards made a great point that that as- 
 sembly of preachers of the Gospel debated for about 
 ten hours one day, and at five subsequent "meetings," 
 i.e. sittings, whether preaching Christ without and 
 Christ within was preaching two Christs, and then 
 came to "a slender and partial judgment," of which 
 they made no record. Nevertheless, a declaration was 
 made that Stockdale was blameworthy, because Keith's
 
 Religious Dissension. 217 
 
 doctrine was true. On llmo. 29, 1691, at the Monthly 
 Meeting, Thomas Fitzwater charged Keith with deny- 
 ing the sufficiency of the light within for salvation. 
 This insinuated that Keith could no longer be properly 
 classified as a Quaker. Gough is not accurate in his 
 account of the Fitzwater episode. At the next Monthly 
 Meeting, 12nio. 26, 1691, to which Fitzwater had prom- 
 ised to bring his proof, Stockdale came forth as a 
 witness in support of Fitzwater, but other Friends 
 testified that Keith had denied the sufficiency "without 
 something more," meaning the death and mediation 
 of Christ. After Jennings, the Clerk, and other op- 
 posers of Keith, had retired from the assemblage, 
 those remaining, including Fitzwater, unanimously 
 agreed to adjourn to the next day at the 8th hour at 
 the school house, the usual place of holding meetings 
 in winter. Lloyd and Cooke, but not Jennings, at- 
 tended this adjourned meeting, as did Fitzwater. How- 
 ever, there being strong contention, all three went 
 away. Stockdale was sent for, but declined to come. 
 Those present, numbering about sixty, including min- 
 isters and "those in the habit of attending monthly 
 meetings," then unanimously agreed to a judgment 
 signed by J. W. (Qu: Joseph Willcox?), whom they 
 constituted Clerk, to the effect that Fitzwater should 
 forbear to preach until he gave a writing condemning 
 his charge against Keith, and satisfying as to his own 
 true faith and belief in Christ's resurrection and 
 Christ's being in Heaven in his glorified human nature ; 
 and also to the effect that Stockdale forbear to preach 
 until he condemn his unrighteous charge against Keith 
 of preaching two Christs. Furthermore, the opinion 
 was given that the book vindicating the Christian faith 
 of the Quakers of Rhode Island was for good, and for 
 the service of truth, and that Bradford should not be 
 discouraged for printing it. With a misprint giving 
 date of the meeting as 2nd month instead of 12th month,
 
 218 Chronicles of Pennsylvania. 
 
 the names of ' ' some of the Friends that gave the afore- 
 said judgment," to the number of forty-five are in 
 print, viz: George Hutcheson, Thomas Winn (evi- 
 dently Dr. Thomas Wynne, Speaker of the Assembly) 
 Thomas Budd, Paul Saunders, John Hart, Thomas 
 Hooton, John Lynam, Anthony Taylor, Thomas Pas- 
 chall, Ralph Jackson, Abel Noble, Humphrey Hodges, 
 Phillip James, Nicholas Pearce, Henry Furnis, Richard 
 Hillyard, John Furnis, Anthony Sturges, John Red- 
 man, Robert Wallis, Thomas Peart, John Williams, 
 Thomas Jenner, Thomas Tresse, Ralph Ward, William 
 Davis, John Loftus, William Dillwyn, Francis Cook, 
 William Harwood, John Duploveys, Henry Johnson, 
 James Chick, John Budd, Joseph Walker, Thomas 
 Morris, William Bradford, Hugh Derborough, John 
 McComb, William Paschall, William Say, John 
 Hutchins, Joseph Willcox, William Hard, and James 
 Cooper. 
 
 At the Quarterly Meeting held at the beginning of 
 March, 1691-2, a few days after this, it was asked that 
 this judgment be recorded in the Monthly Meeting 
 book, but the other party denied that those who gave 
 the judgment constituted a legal Meeting, inasmuch as 
 there was no precedent for an adjourned Monthly 
 Meeting, and as the Clerk had gone, and few ministers 
 were present. Moreover, this party asserted that, as 
 the subject of the charge against the ministers Fitz- 
 water and Stockdale was a matter of doctrine, it could 
 not be judged by a Monthly Meeting, but only by a 
 meeting of ministers. However, it was agreed that the 
 adjourned meeting was legal, but that an appeal had 
 been taken from its decision. Keith was then told that 
 he should submit to a judgment by the present Meet- 
 ing. This curtailment of the right of private judgment, 
 so much talked of by Protestants, was denied by Keith, 
 as giving the ministers the teaching powers of a sacer- 
 dotal order. He would say only that he would submit
 
 Religious Dissension. 219 
 
 to the judgment "of the spirit of truth in Friends." 
 When asked to leave pending discussion, he refused to 
 do so, unless about seven or eight of his opposers also 
 absented themselves, and, they not doing this, the sub- 
 ject was not taken up. As the policy of the leaders was 
 to smother discussion, and to shield comrades whose 
 views the majority themselves thought erroneous, there 
 was really no inaccuracy in Keith's remark, made at 
 this time, that the ministers opposed to him had "met 
 together," that is had come intending, "to cloak 
 heresies and deceits." 
 
 The subject at bottom was and is, however, one as to 
 which Patrick Henry's words at the beginning of the 
 American Revolution are appropriate, even if some 
 readers would emphasize the first word: "Gentlemen 
 may cry, peace, peace — but there is no peace." These 
 criers of "peace" undertook to silence Keith's tongue. 
 Accordingly, two members were appointed to admonish 
 him to retract at the next Quarterly Meeting ; but, when 
 they visited him, he, feeling himself a champion of the 
 truth, said that there were "more damnable heresies 
 and doctrines of devils among the Quakers than among 
 any profession of Protestants, ' ' and that he trampled 
 "the judgment of the Meeting under his feet as dirt." 
 
 At the Monthly Meeting held on March 25, 1692, some 
 of his opponents proposed to change the hour and place 
 of meetings for worship established for the Winter. 
 This was objected to by several of the Keithian faction, 
 but was agreed to by the majority, and declared 
 adopted. Although Lloyd and his party accordingly 
 went the next morning to the meeting-house at the 
 Centre, the followers of Keith, claiming that the change 
 contravened the principle of unanimity by which all 
 Quaker proceedings were to be conducted, met at the 
 usual time and place, and did not unite with the others 
 in the afternoon at the Bank Meeting House (Front 
 above Arch), a few of them holding a private gathering
 
 220 Chronicles of Pennsylvania. 
 
 at Keith's house. Subsequently they attempted to go 
 to the house on the bank in the morning, but found the 
 doors locked against them. 
 
 With the fair claim that the others were the aggres- 
 sors, but on the broad basis of duty not to unite in 
 worship with those who rejected the truth, arose the 
 "Christian Quakers," as they called themselves, or 
 "Separatists," or * l Keithians, " as the others called 
 them. Out of the sparse population of the country and 
 the small number of dwellers in the great towne, hun- 
 dreds nocked to hear Keith, wherever he was expected 
 to preach. Persons of other religious antecedents 
 joined these Separatists, so that Keith prepared a con- 
 fession of faith. Outside of Philadelphia, the sense of 
 many of the regular meetings was Keithian : and Joseph 
 C. Martindale, M.D., in his History of the Toivnships of 
 Byberry and M or eland, asserts that, at one time which 
 he does not clearly indicate, Keith's followers had the 
 ascendency in sixteen out of thirty-two Meetings. Ap- 
 parently the latter number covers the Meetings pre- 
 viously established for worship on one or both sides of 
 the Delaware. 
 
 Yet the Keithians, soon after the beginning of the 
 separation, put themselves on record as attempting an 
 accommodation. Fifteen made in writing an offer for 
 restoration of unity and the oblivion of all hard words, 
 if the others would bring their erroneous ministers to 
 a confession of error, and would declare certain funda- 
 mental doctrines. Through the influence of two visit- 
 ing Friends from England, a conference was held on 
 3mo. 14, between the ministers then in town and an 
 equal number of Keithians, but, the matter not being 
 settled, T. B. and W. B. (Thomas Budd and William 
 
 Bradford) wrote the next day to T and A 
 
 (evidently Thomas Lloyd and Arthur Cooke), for an- 
 other meeting. This brought no reply, and Keith did 
 not help the cause of harmony, but was thought a dis-
 
 Religious Dissension. 221 
 
 turber, by going to the afternoon meeting on the 22nd, 
 and expressing a desire to have the breach healed. 
 Two of the opposite side came to Keith's meeting, and 
 declared their testimony against him. The Monthly 
 Meeting of 3rd mo. 26, 1692, controlled by Keith's 
 enemies, disposed of the Fitzwater matter by letting 
 him off with an apology for his "rash spirit in making 
 the charge" against Keith of denying the sufficiency 
 of the Light Within without something more, which 
 charge Fitzwater, however, said was true; and no 
 affirmance of belief was made in the paper given forth. 
 The ministers in Quarterly Meeting judged Stock- 
 dale on 4mo. 4, 1692 ; the paper signed by Jennings as 
 Clerk reproved him for "uttering new words offensive 
 to many sound and tender persons, ' ' but blamed Keith 
 for violating Gospel order in not dealing with Stock- 
 dale alone before prosecuting the complaint, and for 
 his "indecent expression" to Stockdale. Keith not 
 appearing to retract what he said about "cloaking 
 heresies and deceits," and the persons sent by the last 
 Quarterly Meeting to admonish him reporting his 
 words about "doctrines of devils," and about tramp- 
 ling "the judgment of the Meeting under his feet," a 
 second committee was sent to him, and the Meeting 
 adjourned for a fortnight. The second committee, 
 obtaining no satisfaction, prepared a testimony, to be 
 published after he should have an opportunity to read 
 it, for which they were obliged to wait four or five days 
 later. The Meeting, on reconvening, forbade him to 
 preach, and the declaration was published against him, 
 dated 4mo. 20, 1692, and signed by the twenty-eight 
 "public friends" following: 
 Thomas Lloyd William Cooper 
 
 John Willsford Thomas Thackory 
 
 Nicholas Wain William Biles (printed 
 
 William Watson "Byles") 
 
 George Maris Samuel Jennings
 
 222 Chronicles of Pennsylvania. 
 
 Thomas Duckett John Delaval 
 
 Joshua Fearne William Yardley (printed 
 
 Even Morris "Yeardly") 
 
 Richard Walter Joseph Kirkbride 
 
 John Symcock Walter Fawcit 
 
 Griffith Owen Hugh Roberts 
 
 John Bown Robert Owen 
 
 Henry Willis William Walker 
 
 Paul Sanders John Lynam 
 
 John Blunston George Gray. 
 
 Certain of these twenty-eight signers went from 
 Meeting to Meeting to deliver the judgment. On 4mo. 
 27, Lloyd, Jennings, and Delaval with Samuel Richard- 
 son went to Frankford Monthly Meeting to give counte- 
 nance to the reading of the judgment, Lloyd speaking 
 against Keith for "imposing unscriptural words," i.e. 
 asking belief according to theological terms. This 
 judgment could not have been received at Frankford 
 Monthly Meeting with unanimous satisfaction; for 
 Martindale's History says that John Hart controlled 
 the constituent First Day Meeting at Byberry in 
 Keith's favor, and in time drove the opposing atten- 
 dants of Byberry to secede. 
 
 The friends and followers of Keith in Philadelphia 
 were not overawed. In protest against the judgment, 
 Peter Boss wrote two letters to Jennings. The first 
 receiving no notice, Boss kept a copy of the second, 
 to insure an answer to it. It was clearly scurrilous in 
 saying that the twenty-eight would have been better 
 employed in inquiring whether Jennings or Simcock 
 had been drunk on certain occasions, and also it was 
 scurrilous in Quaker eyes in similarly insinuating that 
 Jennings had once made a bet on the speed of his horse. 
 The letter was not put in print until after Boss had 
 been tried for defaming a magistrate. Keith and 
 Thomas Budd wrote a Plea for the Innocent, signing it 
 on behalf of themselves and other Friends of their
 
 Religious Dissension. 223 
 
 Meeting. Extenuating and justifying Keith's use of 
 bad names to his opponents, and telling of the bad 
 names which they gave to him, the Plea was very severe 
 on Jennings, and said much more besides calling him 
 "an ignorant, presumptuous, and insolent man" and 
 "too high and imperious both in Friends meetings and 
 worldly courts"; expressions for which Keith and 
 Budd were indicted as contravening an Act of Assembly 
 that no words of defamation be spoken against a magis- 
 trate. An answer to the judgments was issued "on 
 behalf of brethren who are falsely called the Separate 
 meetings at Philadelphia," maintaining that, by the 
 first judgment of Monthly Meeting, those making it 
 had declared themselves no true believers in Christ 
 Jesus, and so the answerers could not own them as 
 Christians, nor join with them in worship. This answer 
 was dated 5mo. 3, 1692, at a meeting at the house of 
 Philip James, and signed by 
 
 Richard Dungworth John Loftus 
 
 John Wells John McComb 
 
 Phillip James James Chick 
 
 Henry Furnis John Bartram 
 
 James Shattuck Abel Noble 
 
 James Cooper, Sen. Joseph Walker 
 
 William Davis Thomas Paschall 
 
 Robert Wallis Richard Hilliard 
 
 James Poulter William Waite 
 
 Nicholas Pierce Anthony Sturges 
 
 Thomas Budd Ralph Ward 
 
 John Barclay Thomas Peart 
 
 William Bradford John Chandler 
 
 James Cooper, Junr. Peter Chamberlain. 
 
 This answer was followed by an Appeal to the Yearly 
 Meeting. The Appeal was signed by Keith, Budd, 
 Dungworth, George Hutcheson, John Hart, and Abra- 
 ham Opdegraves, and offered to have tried by two or 
 three impartial men twelve questions, whether Keith's
 
 224 Chronicles of Pennsylvania. 
 
 "reviling words" were not true, and whether the ex- 
 pressions and certain practices of his enemies were not 
 condemnable. The 9th of these questions was based 
 upon the use of force against Babbitt and his men, as 
 mentioned in the last preceding chapter, and inquired 
 whether the twenty-eight condemners of Keith had not 
 better have condemned some of themselves for hiring 
 men to fight, commissioning them, as one preacher had 
 done, and so, by force of arms, recovering a sloop, and 
 taking privateers. There will be little doubt that the 
 hiring of men to fight, and the providing of Indians with 
 powder and lead to fight other Indians, against which 
 practices the 10th question was directed, was incon- 
 sistent with the peace principles of Friends. Question 
 No. 11 was whether it was according to the Gospel that 
 ministers should pass sentence of death on malefac- 
 tors, as some had done, ' ' preaching one day not to take 
 an eye for an eye, . . . another day taking life 
 for life?" In this connection, it may be remarked that 
 the bishops in the English House of Lords do not ad- 
 judge matters of treason or capital crime. This 11th 
 question, which may have been suggested by Opde- 
 graves, a former Mennonite, brought forward the diffi- 
 culty in conscience which had induced Quakers else- 
 where and all Mennonites to keep aloof from admin- 
 istering secular government. Bradford, the printer, 
 having taken side with Keith, printed this Appeal. 
 
 Thereupon began proceedings which amounted to 
 religious persecution by indirection, although it took 
 the form of prosecution for slander, and for unlicensed 
 use of the press, and could be justified if the acts of 
 some modern judges of our own day in punishing for 
 contempt of court can be. Those whose conduct had 
 been animadverted upon in this published Appeal, who 
 probably had previously, in another situation, contended 
 for liberty of conscience and of the press, now per- 
 suaded themselves that bitter words against magis-
 
 Religious Dissension. 225 
 
 trates uttered in religious controversy, and questions 
 whether their executing offices was consistent with 
 their principles, tended to overthrow the government. 
 They proceeded against the printer. A warrant was 
 signed by Samuel Richardson and Robert Ewer, Jus- 
 tices; and the Sheriff and a constable entered Brad- 
 ford's shop, and seized all the copies of the Appeal 
 which could be found, and took Bradford before the 
 Justices. John McComb, who was alleged to have cir- 
 culated two copies, was also arrested. Refusing to 
 give security to answer at the next court, Bradford and 
 McComb were committed to jail by warrant dated Aug. 
 24, 1692, signed by Justices Cooke, Jennings, and 
 Humphrey Morrey, as well as Robert Ewer. On an- 
 other warrant, Bradford's house was searched, and his 
 type taken away. The day after the commitment of 
 Bradford and McComb, Justices Cooke, Jennings, 
 Richardson, Morrey, Ewer, and Anthony Morris asked 
 the only Justices who were not Quakers, viz: Lasse 
 Cock, a Swede, and John Holmes, a Baptist, to join 
 in taking steps against "the seditious and dangerous," 
 but Cock and Holmes told their five colleagues that the 
 whole matter was a religious difference, and did not 
 relate to the government. Holmes asked them to send 
 for Keith, and offered to join them if it then appeared 
 that Keith struck at the government. This not being- 
 done, Cock and Holmes withdrew. The others then 
 issued a proclamation describing Keith as a seditious 
 person and enemy to the King and Queen's government, 
 in that Keith had publicly reviled Thomas Lloyd, the 
 Deputy-Governor, calling him an impudent man, telling 
 him that he was not fit to be Governor, and that his 
 name would stink, and in that Keith had misrepresented 
 the industry, care, readiness, and vigilance of some 
 magistrates and others in the proceedings against some 
 privateers. The point was made in the document that 
 to grant that it was inconsistent for ministers of the 
 
 15
 
 226 Chronicles of Pennsylvania. 
 
 gospel to act as magistrates, would render the "Pro- 
 prietary incapable of the powers given him by the 
 King's letters patent, and so prostitute the validity of 
 every act of government more especially in the execu- 
 tive part thereof to the courtesie and censure of all 
 factious spirits." After explaining that the procedure 
 against those in the Sheriff's custody, and what was 
 intended against others, respected only the tendency 
 to sedition and disturbance, and did not relate to dif- 
 ference in religion, the proclamation warned against 
 giving countenance to any contemners of authority, and 
 against further publishing of the pamphlet called the 
 Appeal. It is declared in New England's Spirit of 
 Persecution Transmitted to Pennsilvania that Keith 
 never spoke the aforesaid words except in Monthly 
 Meetings and religious controversies, and that Lloyd 
 had several times said that he would take no advantage 
 of what was being said. 
 
 Bradford and McComb asked for a trial at the ap- 
 proaching term of Court, but the case was continued 
 until December, and McComb 's license to keep an inn 
 was revoked. Meanwhile Bradford retired from his 
 employment of printing for Friends. The restraint 
 upon the two was indeed relaxed by the Sheriff: 
 McComb 's wife lying ill, he was let off daily, and even 
 at night, to visit her, and afterwards both he and Brad- 
 ford were allowed to go about their business, on giving 
 their word to appear. But they or their advisers saw 
 the dramatic effect of their writing a statement from 
 prison, so, having prepared a statement to the public, 
 they went to the Sheriff's house, which served as jail, 
 and which communicated by a common entry with the 
 house adjoining, and, the Sheriff being out, so that they 
 could get in no further, they signed their names in the 
 entry. With more frankness, to show the unfairness of 
 the claim that the Appeal was subversive of govern- 
 ment, the three judgments complained of by Keith, the
 
 Eeligious Dissension. 227 
 
 Answer, and the Appeal were then printed in one 
 pamphlet. The Appeal was set up on posts in Phila- 
 delphia nine days before the time appointed for the 
 Yearly Meeting. 
 
 The Yearly Meeting was held that year in Burlington 
 on the 4th, 5th, 6th, and 7th days of 7th month. It is 
 evident that those who gave the judgment appealed 
 from, were not willing to submit the subject to the 
 general company of Friends attending : Keith, if given 
 the opportunity to make a speech, was to be feared. 
 He and his supporters conferred together in the Court 
 House, and sent to the Meeting a paper asking for an 
 answer to the Appeal, or requesting their adversaries 
 to allow a fair hearing before impartial Friends an 
 hour after the close of the meeting for worship on the 
 second day of meeting. The messenger found the door 
 of the meeting-house crowded, with the object, he sup- 
 posed, of keeping out the Keith party; whereupon the 
 messenger got up into the window, and stood there 
 while he read, probably both letter and Appeal, nor did 
 he desist when Thomas Janney started to pray, which 
 the Keithians believed to be an expedient to stop the 
 reading. It is not necessary here to examine the ques- 
 tion, who had the standing to be considered in adjourn- 
 ing the sittings, or taking the action of Yearly Meetings. 
 Many who claimed impartiality, as not having been 
 concerned actually on either side, met at the time Keith 
 desired for a hearing. Lloyd and his party were then 
 sent for, but refused to come, and those in attendance 
 adjourned until an hour after the public meeting the 
 next day. Then Lloyd and his party again refused to 
 come. Then or on the previous day some ministers 
 came to offer a hearing on the last day of the Meeting, 
 but these were sent away, because Keith would not 
 agree: he knew that the large attendance, on which 
 he depended for victory, would not continue so long. 
 The following, who may have included a number of New
 
 228 
 
 Chronicles of Pennsylvania. 
 
 Jersey ministers, then declared Lloyd and his party in 
 default, and proceeded to hear Keith, and decided in 
 his favor : 
 
 Robert Turner 
 Elias Burling 
 John Reid 
 Charles Read 
 Thomas Coborne 
 Harmon Updengraves 
 Thomas Powell 
 Nathaniel Fitzrandal 
 Joseph Richards 
 Edmund Wells 
 Thomas Kimber 
 Edward White 
 Thomas Gladwin 
 Thomas Rutter 
 Edward Smith 
 Benjamin Morgan 
 Joseph Sharp 
 William Thomas 
 John Bainbridge 
 John Snowden 
 AVilliam Black 
 William Snowden 
 Nathaniel Walton 
 Robert Roe 
 Peter Boss 
 Thomas Bowles 
 William Budd 
 James Silver 
 Samuell Taylor 
 Griffith Jones 
 William Righton 
 Thomas Kendall 
 Samuell Houghton 
 John Neall 
 Anthony Woodward 
 
 Andrew Smith 
 William Hixon 
 John Pancoast 
 Henry Burcham 
 Thomas Hearse 
 John Jones 
 Joseph Willcox 
 Thomas Godfrey 
 John Budd 
 Roger Parke 
 Caleb AVheatly 
 Abraham Brown 
 John Hampton 
 Daniel Bacon 
 Joseph Adams 
 Edward Guy 
 Bernard Devonish 
 Samuel Ellis 
 Thomas Cross 
 James Moore 
 Thomas Jenner 
 John Harper 
 Robert Wheeler 
 Emanuel Smith 
 Peter Daite 
 Richard Sery 
 George Willcox 
 William Wells 
 Isaac Jacobs Van Biber 
 Cornelius Scivers 
 William Snead 
 David Sherkis 
 John Carter 
 Henry Paxon 
 Thomas Tindal.
 
 Religious Dissension. 229 
 
 They signed as from the Yearly Meeting, on behalf of 
 themselves and "many more Friends who are one with 
 us herein," a declaration that Keith and his friends 
 were not guilty of the division leading to the setting 
 up of separate meetings, that Lloyd and the rest of 
 the twenty-eight should recall their paper of condemna- 
 tion, and condemn the same in writing, and that the 
 public Friends charged with misdemeanors and ill be- 
 havior should forbear speaking in public meetings 
 until they cleared themselves. The declaration, or de- 
 cision, with the signatures was printed: a reprint of 
 the whole is in Mrs. Thomas Potts James's Memorial 
 of Thomas Potts. We are more familiar with other 
 forms of some of the surnames, such as Fitz Randolph 
 (now Randolph of Phila. and N. J.), Updengraff, van 
 Bebber, &ct. A Confession of Faith, probaly the one 
 prepared by Keith, as before mentioned, was also 
 issued under date of 7mo. 7, 1692. It was subsequently 
 printed by Bradford. It appears that those remaining 
 in attendance at the meeting-house either treated 
 Keith's appeal as not prosecuted before them, or for- 
 mally confirmed the judgment against him, the latter 
 action being mentioned by Gough. A contrite letter 
 dated 11, 31, 1692, from Caleb Wheatly, aforesaid 
 signer in favor of Keith, saying that he had been blinded 
 by fond, foolish affection for Keith, is printed by 
 Gough. 
 
 As hinted in the Justices' proclamation, Keith could 
 be caught under Chapter XXVIII of the Great Law 
 of 1682, that any person convicted of speaking, writing, 
 or any act tending to sedition or disturbance of the 
 peace should be fined not less than 20s., or else under 
 Chapter XXIX, that any person convicted of speaking 
 slightingly or carrying himself abusively against any 
 magistrate or person in office should suffer acording to 
 the quality of the magistrate and nature of the offence, 
 but not less than a fine of 20s. or ten days imprison-
 
 230 Chronicles of Pennsylvania. 
 
 ment at hard labor. Both of these statutes allowed 
 much latitude to the judges imposing sentence, although 
 Chapter XXVIII did not admit of imprisonment, ex- 
 cept as resulting from non-payment of a heavy fine, 
 whereas Chapter XXIX contemplated a severe pun- 
 ishment when the magistrate in question was the high- 
 est officer in the Province, as was Thomas Lloyd. It 
 seems straining the meaning to say that putting to 
 death was authorized. Overt acts of sedition, rioting, 
 &ct. seem to have been so punishable, by the laws of 
 England in this regard not having been superseded. 
 As to one who had done more than print or circulate 
 a pamphlet, or write a scurrilous letter, it was to be 
 expected, from the tone of the proclamation, that in 
 some process or proceeding emanating from them or 
 other members of their party invested with the author- 
 ity, there would be the formal charge of sedition. We 
 can not suppose that there was any likelihood of Keith 
 suffering death, but the possibility of it was not only 
 set forth by him, some years later, apparently as a 
 claim to hearing and consideration, but, indeed, was 
 mentioned by his old antagonist, Rev. Cotton Mather, 
 before Keith's statement, at least the one known to the 
 present writer, appeared. Mather said in his Decen- 
 niam Luctuosum, printed in Boston in 1699 (reprinted 
 in Narratives of Indian Wars 1675-1699) : " 'tis verily 
 thought that poor George would have been made a 
 sacrifice to Squire Samuel Jennings and the rest of the 
 Pennsylvania dragons [is there an allusion to St. 
 George and the dragon?] ; and that since a crime which 
 their laws had made capital was mentioned in the 
 mittimus whereby Keith was committed, they would 
 have hang'd him, if a revolution upon their government 
 had not set him at liberty." Keith's statement was 
 ' ' I was presented by a grand jury at Philadelphia, and 
 the presentment would have been prosecuted if the 
 government had not been changed, and I had been ac-
 
 Religious Dissension. 231 
 
 cused for endeavoring to alter the government, which 
 is capital by their law, and they would have found me 
 guilty of death, had they not been turned out of the 
 government, tho' I was innocent, and when I objected 
 against the jury, they would not suffer one of the jury 
 to be cast." Perhaps he meant the Grand Jury. 
 
 The actual proceedings in the County Court, as far 
 as ascertained, were as follows. Boss, Budd, Keith, 
 Bradford, and McComb, having been indicted by the 
 grand jury of Philadelphia County, were arraigned 
 for trial in December, 1692. The Justices sitting 
 through the proceedings were Jennings, Cooke, Rich- 
 ardson, Ewer, Henry Waddy, and Griffith Owen, 
 Quakers, and Holmes, the Baptist, but Turner, a 
 Keithian, attended on the 10 and 12th of the month, 
 and Cock, the Swede, and Anthony Morris attended on 
 the 12th. When Bradford and McComb, apparently the 
 first ones to be tried, appeared, a Justice upraided 
 them for "standing so before the Court." McComb 
 said "You can order our hats taken off." Probably 
 the Quaker Justices did not proceed to such incon- 
 sistency. About thirty years after this, when, as 
 Chancellor of the Court of Equity, Sir William Keith 
 — no near relative of George — ordered John Kinsey's 
 hat to be taken off, strong exception was taken to such 
 interference with Quaker custom, and, on the next day, 
 the Chancellor made an order that thenceforth, in the 
 Courts of the Province, every man should remain 
 covered or uncovered according to his persuasion. We 
 may here recall the story which Miss Strickland, in 
 her Queens of England, tells of King James II, when, 
 for the first time after his accession, receiving William 
 Penn. Penn came with his hat on, whereupon the King 
 took off his own, and, on Penn being surprised, naively 
 remarked that it was the custom in that place for ' ' only 
 one man to wear a hat." 
 
 The vindication of the dignity of Lloyd and the
 
 232 Chronicles of Pennsylvania. 
 
 Quaker ministers in the judiciary was not left in the 
 hands of impartial men, and, in the proceedings in 
 Court, there was a neglect of the proprieties which 
 only the scarcity of lawyers, judges, and jurors dis- 
 connected with the controversy can, as to some points, 
 excuse. The public prosecutor, or Attorney-General, 
 John Moore, being an adherent of the Church of Eng- 
 land, David Lloyd was appointed to conduct the prose- 
 cution. Jennings sat on the bench with the other 
 Judges, even in the trial of Boss, although refraining 
 from joining in the judgment, or the fixing of the fines. 
 Keith made a speech, but declined to plead in form, 
 and was marked "Nihil dicit;" the others, particularly 
 Boss, putting themselves on trial, excepted to the 
 Quakers on the jury as prejudiced, some especially so, 
 against Keith and all who favored him, but the major- 
 ity of the Judges would not allow the exceptions, 
 although the Baptist Judge wished to ; and one of the 
 twenty-eight who signed the paper of condemnation 
 against Keith, and against whom Boss's letter was 
 written, actually sat on this jury. However, to the 
 credit of Quakers be it spoken, the jurors, or at least 
 enough to control the verdict, were rather scrupulous, 
 and gave a verdict satisfactory to the prosecution only 
 in the case of Boss, whom they found guilty of trans- 
 gressing the XXIXth Chapter of the Law. He was 
 accordingly fined 6Z., in default of paying which he 
 remained a prisoner until after the change of govern- 
 ment. In Budd 's case, the jury, after sitting all night, 
 found him simply guilty of saying that Jennings be- 
 haved himself too high and imperiously in worldly 
 courts. It was claimed that this was no conviction on 
 the indictment. However, Budd was fined 5/. Brad- 
 ford, denying that the Appeal was seditious, asserted 
 the advanced principle that the jury must find both 
 that it was seditious, and that he had printed it. This 
 protection to liberty was not allowed: a majority of
 
 Religious Dissension. 233 
 
 the Judges declared that whether it was seditious was 
 a question for the Judges, and that all the jury had to 
 do was to say whether he had printed it. To prove 
 that fact, his printing frame was sent to the jury after 
 he had retired, without it being exhibited in open court. 
 The jurors in this case remained out forty-eight hours, 
 and then came in to ask a question, and were sent 
 back, according to the barbarous method of forcing a 
 decision, — it was Winter, — without meat, drink, fire, or 
 tobacco. In the afternoon, they returned and said that 
 they could not agree, and were discharged. McComb 
 appears to have been acquitted or discharged; for 
 Gough says that he afterwards was so just as to give 
 a true state of the case. Budd and Keith asked for an 
 appeal to the Provincial Court, but this was denied. 
 They then asked for an appeal to the King and Queen 
 under the Vth article of the Charter to Penn. This, 
 too, was denied, Justice Robert Turner dissenting, as 
 he had done on several points. However guilty the 
 various accused had been of discrediting the civil gov- 
 ernment, and even if the circumstances had not miti- 
 gated their offence, there is no wonder that, reading 
 the report of these trials in New England's Spirit of 
 Persecution transmitted to Pennsilvania, and even be- 
 fore hearing of any danger to the life of Keith, people 
 outside of the Province felt, that, if such were Quaker 
 methods, no man could trust his liberty or property to 
 a trial by Quakers. Whether the law had been stretched 
 too far or not, the fact remained that both liberty and 
 property had been taken away judicially by the oppos- 
 ing party in a religious dispute. Should a case arise 
 where the legal penalty clearly involved loss of life, 
 would not the Quakers vindicate their authority in the 
 same way as the Congregationalists of New England? 
 This suspicion had nothing to do with the assumption, 
 described in the next chapter, of the government by the 
 Crown. That change had already been ordered. What
 
 234 Chronicles of Pennsylvania. 
 
 was the occasion of the letter of Lloyd and others to 
 Keith shortly after the Court adjourned, is not known. 
 
 The indictment or a fresh one was pending against 
 Keith when the new Governor assumed authority. 
 Keith, in his aforesaid statement about being accused 
 of a capital offence, goes on to say that this representa- 
 tive of the Crown "ordei'ed them to let fall the indict- 
 ment, and I was cleared by a public writ signed by the 
 Deputy Governor Col. Markham and the Council." 
 The only record found bearing on this is the minute 
 of Fletcher 's Council for June 20, 1693, Markham pre- 
 siding, that George Keith (printed "Seith" in Colo- 
 nial Records, Vol. I.) exhibited a letter to Keith dated 
 10th month 26, 1692, from Thomas Lloyd, Samll. Jen- 
 nings, Arthur Cooke, and Jno. Delaval, charging him 
 with being crazy, turbulent, a decrier of magistracy, 
 and a notorious evil instrument in Church and State; 
 whereupon Fletcher's Council issued a certificate of 
 Keith's good behavior. The fines against Keith and 
 Budd, which the Quaker government had not attempted 
 to collect, were remitted, as well as Boss's, by Fletcher, 
 who released Boss from prison, and caused Bradford's 
 tools and type to be returned to him. 
 
 It was the Keithian Monthly Meeting which, at Phila- 
 delphia, on 8mo. 13, 1693, gave forth "an exhortation 
 and caution to Friends concerning buying or keeping 
 of negroes." This, excejit what was expressed at a 
 gathering in German town in 1688, was the first anti- 
 slavery declaration of the Quakers. 
 
 Keith and Budd went to England about the end of 
 1693. Jennings and Thomas Duckett went about the 
 same time, to circumvent them. Keith and Budd at- 
 tended the next Yearly Meeting in London, where 
 Jennings and Thomas Duckett appeared against them 
 from America, and were supported by the visiting 
 Friends, Thomas Wilson and James Dickenson. The 
 Meeting declared that Keith had done ill in printing
 
 Religious Dissension. 235 
 
 and publishing the differences, and asked him to call 
 in his books, or publish something to clear the body of 
 Quakers. Thomas Ellwood submitted on the 2nd day 
 an epistle warning against him, and obtained leave to 
 print it. Keith being no more inclined to submission 
 than most reformers, the next Yearly Meeting, on May 
 25, 1695, after hearing him through, disowned him, ex- 
 plaining that this was not for doctrine, but for his 
 unbearable temper and carriage and refusal to with- 
 draw his charges against the Philadelphia Quakers. 
 
 Keith then hired the Turners' Hall, Philpot Lane, 
 London, and there, in Quaker garb, he preached and 
 administered baptism and communion. Koster the 
 Pietist (see chapter on the Germans), or more likely his 
 biographer Rathlef, misunderstanding him, strangely 
 accounts for the Keithians of Pennsylvania delaying to 
 practise these ordinances from Keith's Anglican mis- 
 givings about a layman doing so, misgivings which 
 Koster as a Lutheran did not have. The Keithians 
 of Pennsylvania, we are told, being twitted with not 
 practising what they showed their belief in, several of 
 them who had not been baptized in infancy induced 
 Koster to immerse them in the Delaware River. It was 
 a few years after this, and when various Pennsylvania 
 Keithians had gone different ways, that Keith entered 
 the ministry of the Established Church. He gave his 
 reasons for so doing in a farewell sermon at the Hall 
 on May 5, 1700, and was made deacon by the Bishop 
 of London seven days later. Keith's further career 
 will be mentioned in connection with the Church of 
 England. 
 
 Although it has been stated that some of the Keith- 
 ians reunited with the regular organization of the 
 Society of Friends, no instance has been found of any 
 prominent one doing so. Robert Turner and others of 
 those who were inhabitants of the City are recorded 
 in the list kept by William Hudson of persons deceased
 
 236 Chronicles of Pennsylvania. 
 
 "not Friends." Nor did a movement back to the So- 
 ciety break up the Keithian meetings at Southampton, 
 Lower Dublin, or Providence. Equally untrue is the 
 idea that Christ Church, Philadelphia, the Mother of 
 the Episcopal Churches of the City and the Province, 
 was started by or absorbed most of the Keithians. The 
 greatest trend was towards the Baptists, but a number, 
 after being immersed, were keepers of Saturday as the 
 day of rest and worship, and joined the Seventh Day 
 Baptists. 
 
 According to Rev. Morgan Edwards's Materials 
 towards a History of the Baptists in Pennsylvania, 
 William Davis and Thomas Rutter in 1697 were im- 
 mersed by Rev. Thomas Killingworth, a First Day, 
 or regular, Baptist minister from Norfolk, England, 
 who had a small congregation at Cohansey, New Jersey. 
 Davis joined the Pennypack Baptist Church, but was 
 expelled on Feb. 17, 1698, for heresy as to the Divine 
 and human natures in Christ. John Hart seems to 
 have led the non-seceding members of his First Day 
 Meeting to the house of John Swift in Southampton 
 Township, where they joined other Keithians. To 
 these Hart preached. He was immersed by Rutter in 
 1697. For a while at least, Hart and his followers 
 were among those convinced of the obligation to keep 
 Saturday as the Sabbath, but he, in 1702, and most of 
 the other Keithians of Southampton sooner or later 
 joined Pennypack Baptist Church. Evan Morgan was 
 also immersed by Rutter in or about 1697, and became 
 a minister in 1706. 
 
 Perhaps it should be here noted that the Pennypack 
 Church bid fair to become flourishing, a not inconsider- 
 able number of Baptists from Pembrokeshire and Car- 
 marthenshire, who had organized in 1701 at Milford, 
 came over that year to Philadelphia with their minister, 
 Rev. Thomas Griffiths, and went to the Pennypack. 
 However, they insisted upon the ceremony of laying on
 
 Eeligious Dissension. 237 
 
 of hands, and so could not be in fellowship with the 
 others, and, in 1703, bought 30,000 acres, since known 
 as the Welsh Tract, in New Castle Co., and removed 
 thither. From the AVelsh Tract Church, missions and 
 perhaps emigrants founded several congregations, 
 among them that of the Great Valley (in Tredyffrin 
 Township, Chester Co.), instituted in 1711 with Rev. 
 Hugh Davis, an ordained minister from Wales. The 
 Pennypack Church died out, and the views and prac- 
 tices of the Welsh Tract people spread through the 
 Baptist denomination of Penn's colony. 
 
 Either before or after aligning themselves with 
 Keith, certain Friends about Frankford and in Lower 
 Dublin built a meeting-house on land belonging to 
 Thomas Graves. Among them was John Wells, a 
 signer of the answer to the judgment of Lloyd and 
 others. Wells on Sep. 27, 1697, became a Baptist. 
 Davis, upon his expulsion from the Pennypack Baptist 
 Church, joined the Keithians of Lower Dublin, who 
 before long began to separate rapidly. In 1699, David 
 Price and wife, Abraham Pratt and wife, Richard 
 Wells, Richard Sparks, and others were baptized, and 
 formed a congregation with Davis as minister. Davis 
 adopted Sabbatarian views, in which he was joined by 
 a number, including Pratt, at whose house meetings 
 were at some time held, and it appears that others 
 seceded. In 1703 and 1704, there was a dispute, men- 
 tioned in the records of the Sabbatarians of Westerly, 
 Rhode Island, before whom appeared Davis and Pratt— 
 
 Sachse quotes the record "Abraham ." Davis 
 
 went in 1710 to take charge of the Sabbatarians at 
 Westerly. Richard Sparks, above mentioned, died in 
 1716, having left a lot in Philadelphia on the east side 
 of 5th below Market as a burial-place for himself and 
 other Seventh Day Baptists. It is now included in the 
 pavement in front of the Bourse, the remains that could 
 be found having been removed to the Cemetery of
 
 238 Chronicles of Pennsylvania. 
 
 Seventh Day Baptists at Shiloh, Cumberland Co., N. J. 
 
 It is claimed, however, that most of the "Christian 
 Quakers" of Frankford and Lower Dublin, including 
 Graves, as the fruit of Anglican preaching, and inde- 
 pendently of Keith, went over to the Church of Eng- 
 land in 1699 or 1700. Graves conveyed the meeting- 
 house and lot of three acres by deed dated Dec. 30, 
 1700, to Joshua Carpenter and John Moore "for the 
 use and service of those in communion with our holy 
 mother the Church of England and to no other use or uses 
 whatsoever. ' ' The congregation since known as Trinity 
 Church, Oxford, worshipped for a time in the meeting- 
 house, and before Nov. 5, 1713, erected on the lot its pres- 
 ent church edifice, the meeting-house becoming a stable, 
 and afterwards being taken down. Before our civil 
 courts undertook to enforce theological trusts, there 
 were several instances, where, as a result of change in 
 religious opinion or the impracticability of keeping to 
 the old design, the majority of a congregation or trie 
 holders of title to church property took it into another 
 ecclesiastical connection. These instances seem to us, 
 where they were not the nearest possible carrying out 
 of the trust, fraudulent conversions to new uses: but 
 the persons who gave the ground, or built the edifice, 
 may have said to themselves that their primary in- 
 tention was to provide a place for themselves to wor- 
 ship in, and that they were not to lose the use of it, 
 because of some obstinate associate, or of somebody 
 with whom they once agreed in opinion. 
 
 There is a tradition mentioned by Sachse, but not by 
 Edwards, that Abel Noble, visiting Jersey, had been 
 baptized by Killingworth. Perhaps it was in Rhode 
 Island by Stephen Mumford of Newport. Noble had 
 devoted himself very much to the Keithians of Upper 
 Providence. When these became impressed with the 
 obligation of baptism and the Lord's Supper, and were 
 left to their liberty by those in association with them
 
 Religious Dissension. 239 
 
 in Philadelphia, Thomas Martin was selected to baptize 
 them, but first to be baptized himself by Abel Noble, 
 who had been already baptized. Edwards gives the 
 date of Noble's baptizing Martin as June 28, 1697. 
 Afterwards, the members nominated Thomas Budd, 
 Thomas Martin, and William Beckingham, and, lots 
 being drawn, the choice fell on Martin to administer 
 the Lord's Supper. Edwards says that Martin did so 
 on Oct. 12. An offer was made to receive such friends 
 in Philadelphia as thought their baptism when infants 
 sufficient, provided there was nothing else against them, 
 but these refused, and the others soon felt relieved, the 
 record saying: "we account it a providence, and ac- 
 knowledge our shortness in giving away the Lord's 
 cause." This Upper Providence congregation split 
 on the question of the Sabbath, and dissolved. How- 
 ever, those who favored keeping Sunday were gathered 
 together about 1715 by Rev. Abel Morgan, and, in 1718, 
 built a meeting-house in Birmingham Township. In 
 1742, a second place of worship for part of the same 
 congregation was built in Newlin Township, bearing 
 the name of Brandywine Baptist Church. The Sabba- 
 tarians, on the other hand, united at Newtown. In 
 1717, a number took up considerable land between the 
 Brandywine and French Creek, and, reinforced by 
 some seceders from the Great Valley Baptist Church, 
 this congregation, called Nantmeal, became a strong 
 one. 
 
 The Keithians in the City of Philadelphia had a 
 wooden meeting-house on the west side of Second below 
 Mulberry (Arch) street. The lot had been conveyed 
 to Thomas Budd, Thomas Peart, Ralph Ward, and 
 James Poulter in trust for the use of the Christian 
 people called Quakers subscribing the articles of faith, 
 for a meeting-house or place of worship, and such other 
 uses as the major part of the Meeting should appoint, 
 and to convey to such persons as the major part of the
 
 240 Chronicles of Pennsylvania. 
 
 Meeting should appoint. The meeting-house was lent 
 to the Church of England congregation, while its build- 
 ing was in course of erection. 
 
 Thomas Budd died, his burial being on 12mo. 15, 
 1697-8. His antecedents or inclination, at least the 
 ecclesiastical destination of his family, was Presby- 
 terian. 
 
 Eutter baptized nine persons, among whom was 
 Thomas Peart, and these nine, with Eutter as Minister, 
 united for meetings on June 12, 1698, and they con- 
 tinued apparently to be included under the name of 
 Keithians, and doubtless, through Peart being a trustee, 
 occupied the meeting-house, or perhaps shared it, even 
 at first, with those who attended a different preacher. 
 The chapter on the Church of England will mention the 
 removal thither of the regular Baptists. Eutter re- 
 sided a while in Germantown, and then at Manatawny, 
 where he began making iron in 1716 or 1717, being the 
 first to start an iron works within the limits of Penn- 
 sylvania. 
 
 We learn, from the statement prepared in 1730 in 
 favor of Christ Church's claim to the Keithian meeting- 
 house property (Penna. Archives 1st Series, Vol. I), 
 that those who paid nearly two thirds of the original 
 purchase money, including Thomas Peart and Ealph 
 Ward, joined Christ Church congregation, but, as be- 
 fore said, they were not among its earliest members. 
 Logan speaks in 1702 of some Keithians, including 
 McComb, greatly opposing Keith at that time: but 
 either before or later, as their Society died out, Nicholas 
 Pearce and Thomas Tresse were among those who 
 became Churchmen. The tombstone of the former is in 
 the floor of the present edifice of Christ Church. The 
 statement tells that in 1723 Thomas Peart, as surviving 
 trustee, conveyed the meeting-house property to certain 
 Churchmen in trust for a school for all Christians with- 
 out any violence to their consciences. About this time,
 
 Religious Dissension. 241 
 
 Joan Lee, who, with her husband, William Lee, had 
 joined Christ Church, forsook it for the Baptists : She 
 and two other Baptist women, former members of the 
 Keithian Meeting, and John Budd, heir of Thomas 
 Budd, and William Betridge and his wife Frances, 
 heiress of James Poulter, as representatives of de- 
 ceased members, made a deed to the Baptists in 1725. 
 After some years dispute, Christ Church surrendered 
 to the Baptists all claim in consideration of 50£. 
 
 For some time, the name "Lloydians," after Thomas 
 Lloyd, was given to those Quakers who had adhered 
 to him. The word is misprinted as "Hoytians" in the 
 letter of Rev. Thomas Clayton published in Perry's 
 Collections, as will be shown in the chapter on the 
 Church of England. 
 
 In the remnant of the Society of Friends on the 
 Delaware remaining after the Keithian secession and 
 the subsequent propaganda of various denominations, 
 Orthodoxy triumphed; perhaps because of the death 
 of certain radical opposers of Keith, perhaps because 
 of the influence of the positive teaching of the religious 
 bodies surrounding — but there is here no intention to 
 deny that it was the work of the Spirit. There was 
 early a readiness in prominent adherents to profess 
 their faith in the Trinity, and to acknowledge the 
 Scriptures to be divinely inspired. Within four years 
 after the Philadelphia Quarterly Meeting's condemna- 
 tion of Keith, five signers of the declaration against 
 him, viz: Wain, Maris, Simcock, Blunston, and Biles, 
 and prominent men like David Lloyd, Richardson, 
 Shippen, Morris, and Carpenter, and also Caleb Pusey, 
 who then or afterwards wrote against Keith, had sub- 
 scribed the declaration and acknowledgment set forth 
 in the English Act of Toleration. The Frame of Gov- 
 ernment of 1696 was not designed to exclude the leading 
 Friends from office, nor was it objected to as having 
 such effect ; yet it prescribed the making and signing of 
 
 16
 
 242 Chronicles of Pennsylvania. 
 
 such profession and acknowledgment as the alternative 
 for taking a certain oath for qualifying to serve as 
 Councillor, Assemblyman, or any officer, and the As- 
 sembly chosen in 1705, composed almost entirely of 
 Quakers, passed bills, which became the permanent law 
 of the Province, not merely requiring that profession 
 and acknowledgment for eligibility to office, but also 
 insuring liberty of conscience only for those whose 
 belief was represented in the Parliamentary phrase- 
 ology. It is not likely that there were at the time any 
 number of Pennsylvania Quakers left unprotected by 
 such curtailment of toleration. Going, however, beyond 
 this outline of faith, the following, under date of 3mo. 
 20, 1696, signed, in a petition to King William III, their 
 recognition of Jesus conceived miraculously by the 
 Holy Ghost, born of a Virgin, giving his life on the 
 cross a sacrifice for man's sins, rising again, ascending 
 into glory, and living to make intercession for men, as 
 the Son of God and Saviour of the World, viz : 
 David Lloyd Samuel Preston 
 
 William Harwood Jno. Symcocke 
 
 Thomas Makin Hugh Roberts 
 
 Nathan Stanbury Samuel Carpenter 
 
 Edward Shippen Alexander Beardsley 
 
 Samuel Richardson John Linam 
 
 Isaac Norris Caleb Pusey 
 
 Abra. Hardiman Robert Ewer 
 
 James Fox Walter Faucett 
 
 Antho. Morris George Gray. 
 
 Following this lead, it came to pass and continued 
 throughout the rest of Colonial times and into the Nine- 
 teenth Century that American Quakerdom in the 
 greater notes, if with some minor elisions, joined in 
 chorus with Rome, Geneva, Augsburg, Constantinople, 
 and Canterbury.
 
 CHAPTER IX. 
 
 England. 
 
 Position of England among European powers in 
 1688 — War — Opposition to William and Mary in 
 the British Isles — James IPs invasion of Ireland — 
 Attitude of Penn — Directions to proclaim William 
 and Mary in Pennsylvania and Maryland — Pro- 
 ceedings against Penn — The Preston Conspiracy 
 — Penn's frustrated plan to sail — Forbearance of 
 William III, and insufficiency of evidence of overt 
 acts by Penn for James — Foolishness of Charles 
 IPs grant of Pennsylvania — The Province and 
 Territories placed under the Governor of New 
 York — Fletcher's commission, arrival, and early 
 proceedings — His debate with the Quakers as to 
 money for the war — Promise it should "not be dipt 
 in blood" — Confirmation of laws named in a Peti- 
 tion of Right — Vote of money "towards the support 
 of this government" "as a testimony of our dutiful 
 affections" to the King and Queen — Post Office — 
 Fletcher advises union of Pennsylvania with New 
 York, the Jerseys, and Connecticut under one 
 Assembly — The Philadelphia market place — The 
 Pennsylvania Assembly of 1694 — Penn's friends 
 among English public men — Royal permission to 
 go and come — Restoration of the government — 
 Markham appointed Governor with Goodson and 
 Carpenter as Assistants — The customs — England's 
 regulation of Trade. 
 
 The throne, calling the headship over England and 
 Scotland one throne, which William and Mary as- 
 cended, had not then the exalted position in the World 
 which the throne of Great Britain and Ireland had at
 
 244 Chronicles of Pennsylvania. 
 
 the accession of George V, when the millions upon mil- 
 lions of Hindus were recognizing it as an imperial seat, 
 when the continent of Australia, half of North America, 
 and the lower end of Africa were bowing before it, when 
 Gibraltar and Malta and Weihaiwei were garrisoned 
 by its soldiers, when Egypt was administered by its 
 agents, when the politics of Europe awaited the casting 
 voice uttered in its name. When the fourth Stuart King 
 of England was superseded, and his infant son passed 
 over, the Hapsburger at Vienna was still called the 
 successor of Augustus and Charlemagne, the Haps>- 
 burger at Madrid was still the greatest beneficiary of 
 Columbus. Besides the suzerainty over Germany, 
 powerful and unrestrained and rebellious as some of 
 its greater princes were, and besides the direct control 
 over Austria as Archduke, and over Bohemia as King, 
 Leopold I held the kingdom of Hungary: Carlos II, 
 who was also King of the Two Sicilies, and lord of 
 what is now Belgium, ruled, as King of Castille, 
 Aragon, &ct., over California, Texas, Mexico, Central 
 America, Cuba, and practically all of South America 
 except Brazil. The Sultan of Turkey had the most 
 extensive dominion in the Old World. France, control- 
 ling Canada and much of what was recently called by 
 people in the United States ' ' the Great West, ' ' was the 
 greatest nation of Christendom. Portugal was a 
 world-power, owning Brazil, and being one of the Euro- 
 pean nations having considerable foothold in Asia and 
 Africa. Poland and Lithuania, united under an elected 
 king, played an important part in European politics, 
 and had just stemmed the tide of Ottoman advance in 
 coming to the relief of Vienna. Sweden, while possess- 
 ing no colonies, bid fair by conquest to hold a great 
 realm southeast of the Baltic. Whatever promise of 
 being the equal or superior of any of these powers 
 England had given under the Tudors, or when it came 
 under one king with Scotland, however widely the
 
 England. 245 
 
 British people had been extended by colonies planted 
 under James I, Charles I, and Cromwell, or by the ac- 
 quisition of New York and Tangiers and Bombay, 
 England sank into a contemptible position in the latter 
 years of Charles II, and exerted little influence on the 
 main Continent of Europe. The short reign of his 
 successor was taken up with a domestic struggle. 
 
 In one of the intervals when Charles II had not been 
 under French control, he had bound himself, in one 
 of the treaties made at Nimeguen in 1678, to aid the 
 United Netherlands, if, after the peace then about to 
 be made, they should be attacked by France. So that 
 England was already burdened with the support of the 
 independence of that small confederacy, and was more 
 securely fastening that burden upon herself when she 
 accepted the Stadholder, William, as her king. There 
 was very little net gain in the contribution which he 
 brought, viz : the co-operation, if not merely friendship, 
 of the United Netherlands, rich in colonies, but not as 
 powerful as before the loss of supremacy at sea. and 
 the loss of possessions in North America. There was 
 an alliance, which had been entered into in 1685, be- 
 tween the Estates General, the supreme authority, and 
 the Elector of Brandenburg and the King of Sweden; 
 and the latter, still possessor of Pomerania and 
 Bremen, had united with the Emperor and various 
 rulers of the German states in the League of Augsburg, 
 signed June 21, 1686, for the purpose of maintaining 
 certain treaties, which Louis XIV seemed preparing to 
 violate. Louis conquered the Palatinate in 1687, and 
 it was apparently to support Germany that William 
 gathered the army with which, the next year, he in- 
 vaded England. Before William reached London, 
 Louis declared war against the Netherlands, and so 
 England, under the treaty of Nimeguen, became liable 
 to furnish aid to them. 
 
 Thus, as soon as England and the Netherlands had
 
 246 Chronicles of Pennsylvania. 
 
 been brought together under a master mind, — for, at 
 the transfer of the English Crown, William was desig- 
 nated as the actual ruler, — they were embroiled in a 
 Continental war. A league was concluded at Vienna 
 on May 12, 1689, between the Estates General and the 
 Emperor, binding them to prosecute the war until 
 France had been driven back to the boundaries fixed by 
 treaty in 1659. 
 
 Very powerful would have been the whole combina- 
 tion, or even England and the Netherlands without 
 others, if the population of the British Isles had been 
 unanimous, as William and Mary's bloodless triumph 
 in England seemed to indicate. But a great number of 
 Englishmen, including many of the higher clergy of 
 the National Church, still believed James to be their 
 lawful king, while with others there was before long 
 some reaction against William and Mary, and a 
 jealousy of the Dutch. Scotland, the ancient kingdom 
 of the Stuarts, had been brought, largely by its Presby- 
 terian party, to accept the new sovereigns; but there 
 were great lords and fierce clansmen attached by inter- 
 est, nationalistic sympathy, or a common religion to 
 James (the seventh James Stuart who had been king 
 of that country) : while throughout Ireland the Boman 
 Catholics, greatly in the majority, rose against the 
 Protestants, drove them to seek shelter in certain 
 towns, and asked James to leave his place of retirement, 
 St. Germain-en-Laye near Paris, and to come and reign 
 at Dublin. Provided by Louis XIV with a French 
 fleet, with arms, ammunition, and money and some 
 French officers, commanded by Lieut.-Gen. Conrad de 
 Rosen, Comte de Bolweiller, and with De Mesmes, 
 Comte d'Avaux, as French Ambassador, James landed 
 at Kinsale on March 12, 1688-9, and entered Dublin 
 on March 16 (0. S.). 
 
 There is no reasonable doubt that William Penn, 
 while unresisting to the powers in possession, and not
 
 England. 247 
 
 following James to France, or joining him in Ireland, 
 wished him restored to the throne: a different senti- 
 ment in Penn would have involved not only the dis- 
 regarding of his interests, but also an ungrateful hard- 
 ening of his heart: nor was it likely that he saw, far 
 beyond the contemporary scattering of his friends and 
 glorification of a liturgical and title-taking Church and 
 participation in a foreign war, that withal, under in- 
 truding sovereigns, England would be ultimately better 
 off. What he did towards the fruition of his wishes, 
 or in line with his feelings, is a subject of dispute. 
 When examined as to the letter about to be mentioned, 
 he said that he had never had any correspondence with 
 — i.e. had never written to — King James since the 
 latter left England. This plea does not cover any later 
 date than July or August, 1689. 
 
 Certainly James had a high opinion of the abilities 
 of his Quaker favorite, and would have liked to use him 
 in the project of a restoration. By some authorities it 
 is said that the letter from James to Penn with which 
 Penn was confronted, which is spoken of as having 
 been intercepted, but which may have been received 
 and lost or stolen, was written before James left 
 France for Ireland. It asked Penn to come to James's 
 assistance, and to express the resentments of (the ser- 
 vices possible in return for) his favor and benevolence. 
 It certainly did not contradict Penn's denial by con- 
 taining an acknowledgement of the receipt of any letter 
 from Penn, or confer any authority upon him, from 
 which those finding the letter could prove his previous 
 undertaking to perform any acts. Yet there is evidence 
 for an historian, even if it does not amount to proof, 
 that, subsequent to the writing of the letter, and before 
 Penn's examination concerning it, two things happened 
 which were inconsistent with Penn's neutrality. About 
 two months after James's arrival in Dublin, Comte 
 d'Avaux, saw a letter from "M. Pen," possibly with-
 
 248 Chronicles of Pennsylvania. 
 
 out signature, but of which the writer must then have 
 been mentioned truthfully but perhaps indistinctly to 
 Avaux. The letter gave news which Avaux copied or 
 translated for "le commencement" of "Memoire des 
 Nouvelles d'Angleterre et d' Escosse," which he sent 
 to Louis XIV, with a letter dated June 5, 1689, printed 
 in full with the "Memoire" in W. Hepworth Dixon's 
 History of William Penn Founder of Pennsylvania. 
 The beginning of the "Memoire" is: "Le prince 
 d 'Orange commence d'estre fort degoutte de l'humeur 
 des Anglois, et la face des choses change bien viste 
 selon la nature des insulaires, et sa sante est fort 
 mauvaise. ' ' The ' ' Memoire ' ' goes on to speak of ' ' Un 
 nuage qui commence a se forme au nord des deux 
 royaumes," where "le Roy" had many friends, and of 
 the anxiety of William's partisans, who apprehended 
 an invasion from France and Ireland, in which case 
 the dethroned King would have more friends than ever, 
 also of the jealousy which the English had of the 
 Dutch, and of the belief that if James would arrive 
 with an army, even Parliament would declare for him. 
 Macaulay, when he wrote his much attacked History 
 of England, believed that "M. Pen" was the author 
 of most of this encouragement of civil war, and was 
 identical with the eminent disciple of peace, our 
 Founder: but, if more than the opening sentence of 
 the "Memoire" came from "M. Pen," and if our 
 Founder's sweeping denial of having communicated 
 with James is not deemed conclusive, there is the great 
 improbability that a shrewd man, already put under 
 heavy bail, took such a risk, probably before his dis- 
 charge from bail in Easter Term, as writing to the 
 exiled monarch at all, and particularly any seductive 
 matter. Dixon has made the excellent suggestion that 
 "M. Pen" was Neville Payne, the well known plotter. 
 His activity a few months later, if not that early, is 
 stated in the Account by the Earl of Balcarres, or his
 
 England. 249 
 
 letter to King James, known as Balcarres' Memoir. 
 Dixon's identification is strengthened by Dr. Brom- 
 field's connection with a trial of Payne some years 
 afterwards. There still remains, accounting also for 
 the other fact for which there is evidence, the hy- 
 pothesis that our Founder, with what may be called his 
 mania for putting pen to paper, wrote the aforesaid 
 letter, not to James or any officer acompanying him, 
 but innocently to Dr. Bromfield, who was reputed to 
 be a Quaker. John Lunt, whose information, given in 
 1694, appears in Part IV of Appendix to 14th Report 
 of the Historical MSS. Commission, swore that about 
 the end of May, 1689, Dr. Bromfield came over to Dub- 
 lin from England, and brought an account of condi- 
 tions there and the readiness of his friends, Papists and 
 Jacobites, and desired from King James commis- 
 sions for persons of quality with blanks for inferior 
 officers, which accordingly the King caused to be 
 issued, and which Lunt carried across the Irish Sea, 
 arriving near Lancaster about beginning of July, 1689 ; 
 that Lunt gave to one Jackson two bundles of commis- 
 sions with a royal declaration and two other papers 
 sealed up with each, one of which bundles was to be 
 delivered to "Sir William Penn the Quaker" (in other 
 copies of the information it is "Mr. William Penn the 
 Quaker"); and that Lunt supposed that Jackson de- 
 livered them, for he took coach in Lunt's presence. 
 Lunt figures in Macaulay's History with reference to 
 statements as to others as a betrayer betrayed, and may 
 be discredited, but the corroborative force of Lunt's 
 story could not have been known to persons concocting 
 it, for the people of England in 1694 were unaware of 
 Avaux having quoted any Pen, and there was no object 
 in inventing a lie against William Penn, when his 
 friend Trenchard was Secretary of State and the 
 actual examiner of Lunt. No notice was then taken of 
 the reference to Penn. In The Jacobite Trials at Man-
 
 250 Chkonicles of Pennsylvania. 
 
 Chester in 1694, published by the Chetham Society in 
 1853, the date of Lunt's landing in England in 1689 is 
 proved to have been June 13. Under date of June 22, 
 1689, a warrant was issued (see Calendar of State 
 Papers) for apprehending William Penn, suspected of 
 high treason. It is possible that the alleged letter en- 
 trusted to Jackson for Penn, which Lunt supposed to 
 have been delivered, fell into the hands of William Ill's 
 officials before Penn's appearance under this warrant, 
 and that such letter was indeed the one upon which 
 Penn was examined, but, if so, it certainly gave him no 
 directions, and was not found accompanied by blank 
 commissions. Narcissus Luttrell in his Diary, printed 
 as A Brief Historical Relation of State Affairs, says 
 after the date June 29, 1689, "William Penn the 
 famous Quaker and one Scarlet another busy fellow 
 pretendedly a Quaker have been lately taken into cus- 
 tody for some practices against the government." 
 The examination of Penn upon a letter from the exiled 
 King to him is mentioned in General History of Europe 
 compiled in 1692 from Monthly Mercuries. Under date 
 of August, 1689, or taken from the Mercury then issued, 
 is the statement that several persons had been released 
 that were suspected of holding correspondence with 
 King James, but Mr. Penn, who had been under the 
 same suspicion, was still under restraint, that he denied 
 ever having any correspondence with King James after 
 he left England, confessed himself greatly beholden to 
 the latter, and willing to be serviceable to him so long as 
 it was not to the prejudice of the Protestant religion or 
 present government, and justified that King James's 
 writing to Penn could not make Penn a criminal, be- 
 cause it was not in his power to hinder it. From the 
 Quaker historians, we learn that he was asked why the 
 dethroned King had written to him, and that he made 
 the obvious answer that is was impossible for him to 
 prevent any man from writing. Questioned as to what
 
 England. 251 
 
 the "resentments" were, Penn said that he did not 
 know, but that he supposed that James meant for him 
 to make endeavors for James's restoration. With 
 boldness and nobleness of heart, Penn avowed that he 
 had loved James in prosperity, and could not hate him 
 in adversity, had loved him for many favors, and would 
 repay him with any private service, but would observe 
 the duty to the State incumbent upon all its subjects, 
 and had never thought of endeavoring to restore to 
 James the Crown which had fallen from his head. It 
 is further said that King William, who was present at 
 the examination, was inclined to let Penn go; but, at 
 the officials' suggestion, he was to be within reach. 
 
 On Aug. 31, 1689, Penn and Lord Baltimore were 
 ordered to prepare duplicates of the orders they had 
 sent, or were assumed to have sent, to their provinces 
 for proclaiming the new Sovereigns, a messenger to be 
 appointed by the King to go and return at their ex- 
 pense. 
 
 On 9ber. 20, actually eighteen days after Black- 
 well had proclaimed William and Mary in Pennsyl- 
 vania, Edward Blackfan wrote from London a letter 
 to the Secretary of the Council of Pennsylvania en- 
 closing the duplicates of the orders and drafts which 
 Penn was to send for such proclamation. The packet 
 was carried to Philadelphia by Richard Morris, 
 master of the ship "Philadelphia Merchant," and ar- 
 rived there eight months later. 
 
 The collection now in progress of Penn's letters and 
 other writings may be expected to clear up at least the 
 chronology of his career in England. Until that great 
 work be finished, we can not use all the information ex- 
 tant. He appears to have been in the custody of a 
 jailor or messenger on Oct. 24, 1689, the second day 
 of the term of King's Bench, when, Luttrell tells us, a 
 habeas corpus was obtained. On the next day, Penn 
 was admitted to bail in a recognizance for £1000 with
 
 252 Chronicles of Pennsylvania. 
 
 four sureties in £500 each. Pursuant to this, he ap- 
 peared on Nov. 28, the last day of the term, and was 
 discharged. 
 
 Queen Mary in 1690, administering the government 
 in King William's absence, was alarmed by the defeat 
 of the English at sea. As, it is claimed, a precaution 
 against enemies at home, warrants were issued against 
 Penn and others on a charge of high treason, perhaps 
 without fresh evidence in Perm's case. They, not being 
 found at the usual abodes, were deemed to have fled 
 from justice. On July 14, a royal proclamation was 
 issued reciting their conspiring to destroy the govern- 
 ment, and their adhering to the enemy in the present 
 invasion. Penn, among the others, was commanded 
 to be seized, taken to the nearest Justice of the Peace, 
 and by him committed to jail until delivered by law, 
 the Justice of the Peace to notify the Privy Council. 
 Penn wrote to the Secretary of State before July 19, 
 offering to surrender, and asking to be admitted to 
 bail. Penn was discharged on Aug. 15 on recognizance 
 to appear in Court at the next term, Michaelmas. A 
 news-letter of the 18th speaks of his being on bail. 
 Luttrell mentions that on Oct. 23, the first day of the 
 term of Court, Penn, being on recognizance, appeared 
 before the King's Bench, when his case was continued 
 to the end of the term. There being no real evidence 
 at hand against him, he was discharged on coming into 
 Court on Nov. 28, the last day. 
 
 Some time in or after April of that year, William 
 Fuller, who had been a short time in France, and who 
 was one of the chief witnesses against Crone for 
 treason, and reaped reward thereby, went to Ireland, 
 and, there spending the Summer and perhaps Autumn 
 of 1690, gave testimony along with one Fisher and an 
 Irishman, whose name is not mentioned in Penn's 
 biographies or published letters, on the strength of 
 which testimony Penn was indicted there for high
 
 England. 253 
 
 treason. He not being found in that jurisdiction, where 
 he had not been within twenty years, his estate was 
 sequestered, and put up for rent, and the indictment 
 and its incidents hung over Penn, it appears, until he 
 had it discharged on his going to Ireland in 1698. 
 Fuller, trying to live by the trade of informer, was 
 unanimously voted an imposter and false accuser by 
 the English House of Commons in 1691. 
 
 There is little doubt that Penn's powers of obser- 
 vation caused him to be consulted, and his interest in 
 politics caused him to dabble in matters from which he 
 should have stood aloof; and a conspicuous instance 
 was at the time of Preston's Conspiracy, so called after 
 Sir Richard Graham, President of the Council in 
 James's reign, and created by him Viscount Preston 
 in the peerage of Scotland. For the interesting and 
 pretty well attested details here omitted of this con- 
 spiracy, the reader may consult Macaulay's History. 
 There had been, according to a report found among the 
 papers carried by Preston and his companions, a con- 
 ference between some Tories and Whigs, agreeing that 
 it would be possible to restore James II, if neither he 
 nor Louis XIV came as a conqueror, but that James 
 must accord the English a Protestant administration, 
 with no other privilege for the Catholics than liberty 
 of conscience, and must show a model of this at St. 
 Germain's by preferring the Protestants about him to 
 the Catholics, and must encourage seven or nine Pro- 
 testant lords and gentlemen then in England to come 
 to him, as a standing Council, and that the King of 
 France must allow the English Protestants in that 
 country to have chapels — all of which seems such a so- 
 lution of the state of affairs that we could not blame 
 Penn if he had proposed it. Furthermore, a declara- 
 tion had been suggested for James to issue, viz : that 
 the army brought with him would be sent back as soon 
 as the Dutch were sent away from England. Various
 
 254 Chronicles of Pennsylvania. 
 
 persons had written letters, which, under disguises, 
 urged James to make a speedy invasion. It is not 
 necessary to traverse Peim's denial of being at any 
 formal conference, or of knowing what was on foot: 
 but his letter without date to Viscount Sidney, as will 
 be seen, means that Preston, in the latter part of De- 
 cember, had a conversation with Penn, and Preston's 
 report in his confession may be relied upon as showing 
 that they canvassed the "state of mind" of various 
 prominent personages, and that Penn — let us suppose 
 not knowing the use to be made of it — expressed the 
 opinion that the Earl of Devonshire, Lord Steward of 
 the Household under William and Mary, and Earl 
 Dorset, the Lord Chamberlain, and a number of others 
 would be glad to see James back under certain condi- 
 tions. It is not clear, but it is possible, that Penn even 
 was the Mr. P. who is down in Preston's memorandum 
 as giving him a commission for Flanders: the next 
 words may have no connection with this, but are 
 "hinder Eng. and D. from joining;" then comes "two 
 vessels of 1501. price for Pennsylvania for 13 or 14 
 months." With the various letters and some infor- 
 mation about the defence of the coast, Preston and 
 John Ashton with a more innocent companion, Ed- 
 mund Eliot, left London on December 31, 1690, in a 
 fishing smack, hired to take them to France, osten- 
 sibly for smuggling. They were overhauled and cap- 
 tured, and the papers seized. Convicted of high 
 treason, Ashton suffered death, but Lord Preston saved 
 his life by a confession. Viscount Sidney wrote on 
 Jany. 20, 1690-1, to the King that Preston had been 
 tried on the preceding Saturday, and would endeavor 
 to deserve his life at the King's hands, so that Sidney 
 favored suspending the execution, and what Preston 
 could say against Lord Clarendon, the Bishop of Ely, 
 and Mr. Penn was of great importance. Sidney added 
 that neither the Bishop nor Mr. Penn was to be found,
 
 England. 255 
 
 and that Perm was as much in the business as anybody, 
 and that two of the letters were certainly of his writing. 
 So probably on this account, rather than by reason of 
 anything which Fuller had said, had an officer been sent 
 to arrest Penn at George Fox's funeral, which took 
 place on January 16, 1690-1, at Bunhill Fields, London. 
 Making a mistake as to the hour, it is explained, the 
 officer was unsuccessful. Dixon, from mistaking the 
 date of the subsequent proclamation for that of the war- 
 rant, has contradicted Macaulay's statement of this 
 plan to arrest; but it is found in the Quaker biographies 
 of Penn, who himself says in a letter of 4 mo. 14, 1691, 
 to Thomas Lloyd, printed by Janney : "That night, very 
 providentially, I escaped the messenger's hands." 
 Although the Marquess of Carmarthen said on Feb. 3 
 that Preston was the only witness against Penn, a 
 proclamation, dated Feb. 5, 1690-1, was issued for the 
 capture &ct., as in the proclamation of July 14 preced- 
 ing (both proclamations printed by American Anti- 
 quarian Society), of Francis, late Bishop of Ely, 
 William Penn Esq., and James Grannie Esq., as hav- 
 ing, for procuring an invasion by the French, &ct., held 
 correspondence with Preston. Warrants against them 
 for high treason were recited, as well as their absence 
 from their abodes, and fleeing from justice. Penn had 
 been making preparations to sail in the following 
 April to Pennsylvania with a large number of settlers, 
 and the Secretary of State had appointed a convoy to 
 protect the vessels, but this, in fact everything but hid- 
 ing, was now impossible. 
 
 After the discovery of the Preston Conspiracy, King 
 William sailed from Gravesend for Holland on Jany. 
 18, and was not again in London until March. About 
 Feb. 19, through arrangement made by Anthony Low- 
 ther, Penn's brother-in-law, and, with consent of Queen 
 Mary, allowing freedom from detention, Penn had a 
 secret interview with Viscount Sidney, the Secretary
 
 256 Chronicles of Pennsylvania. 
 
 of State. Sidney's letter to the King is reprinted by 
 Dixon from Dalrymple's Memoirs of Great Britain and 
 Ireland. Penn protested loyalty, and that he knew of 
 no plot, and believed in none but what Louis XIV had 
 laid, and of the bottom of which Penn thought that 
 James II knew as little as other people ; also Penn said 
 that William had many enemies, and some who came 
 over with him, or soon joined him, were more danger- 
 ous than the Jacobites, among whom, Penn declared, 
 there was no man who had even ordinary ability, that, 
 if William would trust Penn, the latter would tell all 
 he knew that would be for the King's interest to know, 
 otherwise he would very unwillingly leave the king- 
 dom; but that he could not appear as a witness, being 
 unable to take an oath. On King William's return, and 
 Preston's repetition in his presence of the confession, 
 that crowned politician, knowing his precarious situa- 
 tion on the throne, was disinclined to ferret out the dis- 
 affected, and arouse their violent hostility. Two letters 
 of this time from Penn to Henry Sidney, then Viscount 
 Sidney, are printed as being to Lord Romney, the title 
 of Earl of Romney being conferred on Sidney three 
 years later. One, dated 22 A, 90 (April 22), to show 
 to the King, asks permission to live quietly in England 
 or America. In the other letter to Sidney, Penn offers 
 to appear, if he will be believed, but says that he can 
 not come out of retirement, and put himself in the 
 power of his enemies: he denies all knowledge of in- 
 vasions or insurrections or men, money, or arms there- 
 for, or juncto or consult in order thereto, and says 
 that he never met any of those named as conspirators, 
 
 or prepared measures with anybody for Lord . 
 
 [Janney queries, Sunderland? but evidently Preston 
 is meant] to carry with him as one sense or judgment, 
 nor did Penn know of his, said Lord's, being sent for 
 any such voyage, and adds : * ' If I saw him a few days 
 before by his great importunity, as some say, I am
 
 England. 257 
 
 able to defend myself from the imputations cast upon 
 me, and that with great truth and sincerity, though in 
 rigour, perhaps, it may incur the censure of a misde- 
 meanor, and therefore I have no reason to own it with- 
 out an assurance that no hurt should ensue to me." 
 This letter is undated, but, from the answer, we find 
 that it was written as King William was hurrying to 
 Holland, whither he went in May. Neither Penn's 
 story nor his body for punishment seems afterwards 
 to have been sought. There was a report, which Ma- 
 caulay can not be blamed for accepting, that Penn fled 
 to France. Eobert Harley, writing to Sir Edward Har- 
 ley on Sep. 15, says: "William Penn got safe into 
 France last week." This accords with Luttrell's 
 Brief Relation, which, noting events of that month, 
 says "Wm. Penn the quaker is gott off from Shoreham 
 in Sussex and gone for France." It seems, however, 
 that he stayed in London. Otherwise, some notice of 
 his having been at St. Germain would have been taken 
 by officials in the course of the years next following. 
 
 We may conclude that there was no proof before 
 King William's officials, at least before those not par- 
 ticularly Penn's friends, to convict him of knowingly 
 aiding James. Had there been, Penn would have been 
 deprived, if not of life, certainly of property, and prob- 
 ably of both. It would have been necessary to make 
 an example of him. There would have been no mercy 
 shown to please such a weak body as the Quakers. His 
 wealth would have added to the means of satisfying the 
 adventurers in William's train; and statecraft, in the 
 interest not only of the new party, but of the empire 
 at large, was demanding the revocation of the grant of 
 Pennsylvania. 
 
 John Wilmot, Earl of Rochester, lost some favor 
 with Charles II by writing the following, over the 
 latter 's bedchamber door, it is said: 
 
 17
 
 258 Chronicles of Pennsylvania. 
 
 "Here lies our Sovereign Lord the King 
 "Whose word no man relies on; 
 
 "He never says a foolish thing, 
 "Nor ever does a wise one." 
 Surely no public act could have exceeded in folly the 
 grant of Pennsylvania to William Penn. Some econo- 
 mies, perhaps greater than the withholding of some of 
 the jewels scattered on ladies of the court, would have 
 enabled the debt of the Crown to his father to be paid. 
 Yet, instead of this, there was sacrificed — a worse 
 bargain that the Indians made for tracts of the land 
 — something like 45,000,000 acres. Charles, to be sure, 
 was ignorant of their mineral wealth, which, could the 
 ore land have been retained until our day, would have 
 made the Admiral's present heir-at-law the richest man 
 in the World. What was then more to be considered, 
 and should have been plain to any statesman, the fron- 
 tier approaching the French, and the middle of the 
 strip of territory which England owned in America, 
 was to be peopled with non-resistants, was to be made 
 smooth for the advance of an enemy designing to cut 
 the territory in two! And the danger might remain 
 even if relations with France were friendly: the 
 Spaniards in Mexico could send an expedition without 
 crossing the ocean, and no one could be sure that 
 Sweden or Holland, possibly recovering the strength 
 so recently lost, would not again secure footing on the 
 shores of Delaware Bay. Even in the unhoped for 
 contingency of the Proprietary and his tenants being 
 willing to take up arms, military considerations called 
 for a single strong colony in the space between New 
 England and Virginia, instead of several under inde- 
 pendent and disagreeing governments. New York, 
 which protected New England on the west, was weak- 
 ened by the creation of a rival with charter boundaries 
 enclosing the seats of those Indians who had been New 
 York's allies in war, as well as purveyors of New
 
 England. 259 
 
 York's chief article of commerce. We need not lay- 
 stress on the agricultural productiveness of the region 
 formerly claimed by, and thus taken away from New 
 York; for such was not then known. It was seen, how- 
 ever, by Gov. Dongan shortly after the grant to Penn, 
 that the loss of the beaver and peltry trade would deter 
 Europeans from settling in the Hudson Valley, if, 
 indeed, it would not cause the departure of the whites ; 
 while the Indians in question, who had saved New 
 England in the preceding Indian war, and could bring 
 3000 or 4000 warriors to decide a conflict, threatened 
 to remove to the other side of Lake Ontario, rather 
 than live under any government south of it other than 
 that of New York. Dongan proposed that a line be 
 run at the latitude of 41° 40' from the Delaware to the 
 Susquehanna, which line, he understood, would strike 
 the falls in what is now Bradford County, Pa., and that 
 Penn be content with what was below that line. The 
 attitude of the Five Nations has been mentioned in the 
 chapter on the Red Neighbours. The authorities of 
 the City of New York addressed the King as to the 
 injury done to it. Governor Sloughter, appointed over 
 New York by William and Mary, wrote that, to defray 
 the charges of government, and for maintaining the 
 war, it would be necessary to bring Connecticut, East 
 and West Jersey, and Pennsylvania under New York, 
 and, on Aug. 6, 1691, after Sloughter 's death; the next 
 Governor and the Council said that no step could be 
 more conducive to the safety of their Majesties' sub- 
 jects in America. 
 
 In time of peace, even, the direction of a great em- 
 pire was interfered with by having an enormous dis- 
 trict to which a uniform system of administration could 
 not extend, where a feudal baron was at least to be 
 notified, and the tenantry owing him allegiance, and 
 perhaps under his influence, could nullify what the ma- 
 jority of the race or nation favored. Witness the
 
 260 Chronicles of Pennsylvania. 
 
 question of Admiralty courts in Maryland and South 
 Carolina as well as Pennsylvania. 
 
 When war was declared by William and Mary 
 against France, the Proprietary of Pennsylvania was 
 a non-resistant suspected of treason, the Proprietary 
 of Maryland was a Eoman Catholic, the Proprietors of 
 South Carolina included a Quaker and an aged ex- 
 soldier under James. On May 16, 1689, the Committee 
 of the Privy Council for Trade and Plantations de- 
 cided to represent to the King that the relation in 
 which those three provinces stood to the government 
 of England should receive the consideration of Parlia- 
 ment for bringing them under a near dependence on 
 the Crown. 
 
 The needs of New York for assistance from her 
 neighbours, and the accusations against Penn, singled 
 out Pennsylvania for attention. It was argued by many 
 persons that all powers granted by royal patent, being 
 subject to the King's sovereignty, could be resumed 
 by the King, if, by dereliction on the part of the 
 grantee, the latter forfeited them, or if, by any circum- 
 stances, there was imminent danger of that part of the 
 realm being lost. Some lawyers went further, and 
 thought that the powers of government granted to 
 William Penn, involving the revenue of the Crown, 
 legislation, life and death, arming the subjects, and 
 waging war, were part of the regalia of the Sovereign, 
 and that Charles II 's alienation of them was valid dur- 
 ing that monarch's life only. No judicial decision was 
 sought by the government. There were sufficient com- 
 plaints of failure in the administration of justice, the 
 Proprietary was not able to perform personally the 
 duties of Governor, there was clearly danger of foreign 
 conquest, to justify, under the less radical theory, a 
 measure necessary for protection. On March 9, 1691-2, 
 the Committee for Trade agreed to report to the Privy 
 Council that a temporary commission should be
 
 
 England. 261 
 
 granted to Colonel Fletcher, Governor of New York, 
 to command and lead out of the Jerseys as many as 
 700 of the militia thereof for the defence of New York 
 and Albany, in case of any attempt by the French and 
 Indians, also for Col. Fletcher to take the Province of 
 Pennsylvania under his command. It was several 
 months before the commission for these purposes was 
 put in shape. Under date of Oct. 21, in the 4th year 
 of the reign, Benjamin Fletcher was constituted 
 Captain-General and Governor-in-Chief of the Prov- 
 ince of Pennsylvania and Country of New Castle and 
 all tracts of land depending thereon, with like powers 
 as in his commission of March 18 preceding as Captain- 
 General and Governor-in-Chief of New York, and was 
 commanded to act according to instructions given then 
 or afterwards, and according to such reasonable laws 
 and statutes as were then in force, or as he might 
 agree upon with the consent of the Council and As- 
 sembly of Pennsylvania and New Castle, he to appoint 
 over the region a Lieutenant-Governor and not exceed- 
 ing twelve Councillors from the principal freeholders 
 and inhabitants, three to be a quorum. The commis- 
 sion for New York gave him a negative in the making 
 of laws, and power, with the advice and consent of the 
 Council, to appoint Judges and officers. He was to 
 exercise certain military authority. His governor- 
 ship &ct. of Pennsylvania &ct. was to continue dur- 
 ing their Majesties' pleasure, and in case of his death 
 or absence, the powers were to be exercised by who- 
 ever might for the time being be Commander-in-Chief 
 of New York, and in the absence of such, by the Coun- 
 cil of New York. 
 
 Penn, in 9th month, wrote to Robert Turner that it 
 was a pity that the Delawareans had not remained 
 united in civil affairs with the Quaker Province; for 
 they could not only defend the whole of his possessions, 
 but also resist this commission. He added : * ' I expect
 
 262 Chronicles of Pennsylvania. 
 
 a firm adherence to the patent, my freehold and inheri- 
 tance." He instructed his officers to object to Fletcher 
 exercising his commission, and if he did not desist, 
 then to draw up exceptions, and lay them before the 
 Lords of the Committee for Trade, and also before 
 " Friends concerned in the province here," who would 
 appear before the Committee. Finally, Penn ex- 
 pressed confidence that the courts at Westminister 
 Hall or the House of Lords on appeal would do him 
 justice. This seems like bluster in a man who may be 
 considered lucky that he was allowed to live ; but bold- 
 ness was perhaps the best policy. Penn also warned 
 Fletcher not to interfere with the deputies commis- 
 sioned by Penn. 
 
 We do not find that there was any attempt in 
 America to carry out Penn's plan of campaign against 
 the appointee of the Crown; and it is noticeable how 
 little anybody seemed to care for Penn's claims. The 
 people of Delaware probably rejoiced at the change. 
 We would have expected the Indians to say something 
 nice about their great friend: on the contrary, some 
 "from the upper part of the river," coming to ask 
 Fletcher's protection from the Senecas, complained of 
 the Quakers, because they never encouraged or assisted 
 them to fight. Over one hundred inhabitants of Phila- 
 delphia County signed an address acknowledging the 
 favor done to them by the King and Queen. The 
 Keithian Quakers were glad to escape subjection to 
 Thomas Lloyd; while Lloyd welcomed removal from 
 an office which was an expense to him. 
 
 After notice to Lloyd, Fletcher, between 11 and 12 
 o'clock in the forenoon of April 26, 1693, arrived in 
 Philadelphia with a military escort. The Sheriff of the 
 County went to meet him, and conducted him to the 
 market place, then Front and Market Streets; and 
 there, although the leading Quakers did not counte- 
 nance by their presence the transfer of authority,
 
 England. 263 
 
 Lloyd slipping away when the commission was about 
 to be read, the royal commission to Fletcher was read 
 to the public without protest. Penn was displeased at 
 the acquiescence shown by Lloyd and others, who 
 merely held aloof from the new government. After- 
 wards Penn realized that they could have done nothing 
 more. 
 
 Fletcher at once showed courtesy. He immediately 
 sent for Lloyd, and offered him the first place in the 
 Council. Lloyd refusing, as Fletcher was confident he 
 would, that place was given to Markham, who the next 
 day was nominated Lieutenant-Governor. The others 
 whom Fletcher had chosen as Councillors, viz, Andrew 
 Robeson, Robert Turner, Patrick Robinson, Lawrence 
 (or Lasse) Cock, and William Salway, unanimously 
 approved of the appointment of Markham. After- 
 wards, William Clark, George Forman, and John Cann 
 were taken into the Council, and, later still, Charles 
 Sanders, Griffith Jones (probably the lawyer), and 
 John Donnaldson. In order to have an Assembly meet 
 on May 15, 1693, writs, under resolution of the Council 
 of April 27, were issued for the election of four 
 Assemblymen from Philadelphia County, four from 
 New Castle County, and three from each of the other 
 Counties. This caused a letter to be presented to 
 Fletcher by seven of Lloyd's Councillors, in behalf of 
 the freemen, asking that no other method of calling 
 their legislative power be used than that prescribed by 
 the received laws. The letter was addressed to "Ben- 
 jamin Fletcher, Esqr., Captain Generall and Gover- 
 nor-in-Chief &ct.," but, by not naming Pennsylvania 
 and Country of New Castle, did not express a recogni- 
 tion of his authority over the region. Fletcher's Coun- 
 cil decided that, with such an address, it would not be 
 consistent with his commission to pay any attention, or 
 give an answer to the letter. Fletcher offered to reap- 
 point Jennings, Cooke, Ewer, Owen, and Morris as
 
 264 Chronicles of Pennsylvania. 
 
 Justices, but all except Morris declined. Samuel Car- 
 penter declined appointment. 
 
 The Lloydian Quakers, but not Thomas Lloyd him- 
 self, undertook to maintain their privileges before 
 Fletcher, who, however, was more powerful than 
 Blackwell, being armed with authority from the King 
 and Queen, not hampered by instructions, and not re- 
 quired to fight his Councillors, of whom, although two, 
 Markham and Turner, had been friends of the Pro- 
 prietary, none were followers of Lloyd. The Quakers 
 were driven back to the Assembly, holding fourteen 
 out of the twenty seats filled at the first election. David 
 Lloyd was one of the members from Chester, and, being 
 the only lawyer in the body, is to be largely credited 
 with what was accomplished at the session. For about 
 thirty years afterwards, he was the leader of the de- 
 mocracy of the Province. Unlike Blackwell, the bluff, 
 downright, and energetic Fletcher made no stand on 
 the etiquette due to him, and, to secure the main point, 
 was willing to come to an accommodation in minor de- 
 tails. As an act of grace, with the stipulation that it 
 was not to be treated as a precedent, he allowed the 
 Quaker members to serve without taking an oath, but 
 the declaration of faith and test was presented to and 
 subscribed by them. Complimenting Growdon, who 
 was elected Speaker, Fletcher laid before the House a 
 letter from Queen Mary, dated Oct. 11, 1692, signed by 
 the Earl of Nottingham, directing the Governor of 
 Pennsylvania to send such assistance in men or other- 
 wise as the colony could furnish, for the defence of 
 Albany, upon application from the Commander-in- 
 Chief of New York, and to join with the Governors of 
 New England, Virginia, and Maryland in fixing upon 
 the quota of each colony. Fletcher told the Assembly : 
 ' ' If there be any amongst you that scruple the giving of 
 money to support war, there are a great many other 
 charges in that government for the support thereof as
 
 England. 265 
 
 officers' salaries and other charges that amount to a con- 
 siderable sum : your money shall be converted to these 
 uses, and shall not be dipt in blood. ' ' He then argued to 
 them that the walls around their gardens and orchards, 
 the doors and locks of their houses, the mastiff dogs 
 which they made use of to defend their property against 
 robbers, were the same as forts, garrisons, and soldiers, 
 which their Majesties made use of to defend their king- 
 doms and provinces and all their subjects, including 
 those whom he was addressing. The House, replying 
 with a preamble that the King and Queen had appointed 
 him to supply the want of the Proprietary's personal 
 attendance, asked that the procedure in legislation be 
 according to the usual method and laws founded on the 
 late King's letters patent, which the members con- 
 ceived to be yet in force, and that the same be confirmed 
 to them as their rights and liberties. Fletcher, point- 
 ing out how inconsistent the Frame of Government 
 was with his commission, plainly told them that they 
 could not keep the former, it having fallen at Charles 
 II 's death, but, if the Assembly would propose any laws 
 for the convenience or safety of the colony, he, the 
 Governor, would concur therein, if consistent with the 
 trust reposed in him. The House then resolved unani- 
 mously that it could act in legislation with the Gov- 
 ernor, and added a proviso that the People could be 
 governed under the laws and constitution as far as 
 consistent with Fletcher's commission. Fletcher re- 
 plied that certain of their laws, being repugnant to 
 those of England, he would not reenact. The Assembly 
 in a Petition of Right, presented on May 24th, taking 
 care to omit the laws to which Fletcher objected, set 
 forth that 203 laws, passed under King Charles's 
 Charter, and which, according to the Petition, had been 
 transmitted to the King, and not disapproved of as the 
 Charter provided, had not been repealed, and were still 
 in force, and asked the Governor to cause them to be
 
 266 Chronicles of Pennsylvania. 
 
 executed. Fletcher asked for a certified copy of them, 
 doubted their presentation to the King, and argued 
 that the seal of Penn or his deputy was essential to 
 their enactment, but, the House having made a codi- 
 fication into 86 chapters, Fletcher, on June 1, ordered 
 the code to be enforced until their Majesties' pleasure 
 were known. Thirty other laws were passed, by one of 
 which the representatives of the People expressed their 
 humble submission to the King and Queen 's pleasure in 
 taking the government into their own hands, and pre- 
 sented to them, ' ' as a testimony of our dutyful affections 
 towards them," a tax to be spent by the Governor for 
 the support of the government, asking their Majesties 
 to allow one half to Governor Fletcher himself. The 
 rate was Id. per I. of the valuation (to be fixed by the 
 Assemblymen from the county with the assistance of 
 three substantial freeholders) of all real and personal 
 estate over and above the owners' indebtedness, and 
 65 per head on certain freemen not worth 100?., with 
 an exemption in favor of those who had a great charge 
 of children, and were not worth 301. The Proprietary 
 and his late deputies were exempted, which was not 
 unreasonable in the case of Thomas Lloyd, who had 
 been at considerable expense as Lieutenant-Governor. 
 One act of Assembly is worthy of note, and Fletcher 
 had done the colony a service in suggesting it, viz : that 
 for the extension to Pennsylvania and Territories of 
 the post office inaugurated by Andrew Hamilton (sub- 
 sequently Lieutenant-Governor). The act fixed the 
 rates for private letters and packets, that for carrying 
 a letter from New York to Philadelphia or in the re- 
 verse direction being \\&. 
 
 Fletcher refused to pass a law offered by the Assem- 
 bly, disqualifying a man getting drunk from voting or 
 being elected, which Fletcher declared the freeholder's 
 birthright as much as his name. Fletcher said "I will 
 give you leave to banish me out of the government
 
 England. 267 
 
 when you shall find me drunk." He expressed his 
 readiness to impose fine or corporal punishment, but, 
 not flatteringly, said that he believed, if the proposed 
 bill were applied to the present Assembly in the strict- 
 ness of it, there would be but a thin House. 
 
 A quarrel with the Council was the last event of the 
 session. The Assemblymen proposed a bill giving 6s. 
 a day wages to themselves. The Governor asked why 
 not also for the Councillors, particularly Lieutenant- 
 Governor Markham? The Assemblymen were unwill- 
 ing, and the Councillors rejected the bill. Fletcher, de- 
 parting on the day or the day after the Assembly was 
 adjourned, left Markham at the head of affairs. The 
 impossibility of securing any appropriation directly 
 for war, induced Fletcher about this time to urge upon 
 the King the union of Pennsylvania (including the 
 Lower Counties), New York, the Jerseys, and Con- 
 necticut under one Assembly, which Assembly could 
 not be controlled by Quakers. It is said that William 
 III personally favored this. 
 
 In the year 1693, the Lieutenant-Governor, with the 
 advice of the Council, moved the market from Dela- 
 ware Front and High Streets to the middle of High 
 Street where Second Street crossed it, and ordered the 
 market to be kept on Wednesdays and Saturdays after 
 the ringing of a bell, and provided that all provisions, 
 viz: flesh, fish, tame fowl, butter, eggs, cheese, herbs, 
 fruits, roots, &ct, brought to town for sale be sold in 
 the market place, even if not coming to town on market 
 days. Fees were established for killing animals in the 
 market. 
 
 Another Assembly for Pennsylvania and Territories 
 was called to meet on April 10, 1694, the Councillors 
 doing their best to have tractable members selected: 
 but those returned from Philadelphia, Bucks, and 
 Chester were all Quakers, besides one from New 
 Castle and one from Kent. David Lloyd was made
 
 268 Chronicles of Pennsylvania. 
 
 Speaker. When it was proposed for the Lieutenant- 
 Governor to adjourn the session until Fletcher, who 
 had been detained by military affairs, could reach 
 Philadelphia, a remonstrance was voted maintaining 
 the Assembly's right to adjourn itself. It was finally 
 agreed by Markliam, his Council, and the Assembly 
 that the adjournment be to May 22. Fletcher met the 
 House on May 23, and asked, if the members would not 
 carry arms, or levy war, would they not feed the hungry, 
 and clothe the naked, that is, supply the Indians of the 
 Five Nations, now poor, naked, and cut off by the war 
 from hunting, with such necessaries as would influence 
 them to continue in friendship with the English? He 
 himself, having given those Indians one hundred days 
 from the day of his conference with them to consider 
 their answer, would meet them with the sword in one 
 hand, and presents in the other. It was ascertained 
 that the tax granted the preceding year would amount 
 to about £500 sterling with salaries for collection taken 
 out. The Governor, on June 1, sent a message asking 
 for an answer to the Queen's letter, which had not been 
 referred to in the law imposing the tax. The Assembly 
 declared the law a compliance with the letter as far as 
 the religious convictions of the majority would per- 
 mit, and furthermore looked upon the amount as the 
 colonists' full share, and complained that, at the con- 
 ference which Fletcher had held with the Indians at 
 Albany, the former Assembly's action had not been 
 properly set forth: if the expenditure of money upon 
 the Indians would be accepted as a compliance with 
 the order to assist New York, the Assemblymen were 
 willing that any sums voted for support of the govern- 
 ment be applied in that way. They offered, among 
 other laws, another tax of Id. per pound, 200?. of the 
 amount raised to be allowed to Col. Markham, 200/. to 
 remunerate Thomas Lloyd for his late services, and the 
 balance to be spent in presents for the Indians. Fletcher
 
 England. 269 
 
 and his Council refused to pass this, saying that the 
 proper form was to grant the sum to the King and 
 Queen, and pray them to allow the sums to Markham 
 and Lloyd. A further objection was that the bill ap- 
 pointed the Receiver-General of the proceeds, instead 
 of leaving the appointment to the representative of 
 the Crown ; and, in fact, it was rather a reflection upon 
 Robert Turner, who had acted as Receiver of the pre- 
 ceding tax. Finding no likelihood of a satisfactory bill 
 being passed, Fletcher dissolved the Assembly on the 
 afternoon of June 9, 1694, allowing some laws, and 
 disapproving of one for giving Assemblymen 6s. a day, 
 instead of the old allowance of 3s., and also disapprov- 
 ing of a new system of county levies, whereby the Jus- 
 tices and Assemblymen of the County were to fix them, 
 even for the purpose of paying debts, perhaps twelve 
 years old. The general practice in England and the 
 colonies was for the grand jury at the Quarter Sessions 
 to make presentment of the amount to be raised. 
 Fletcher went away on June 26, having asked his 
 Council to decide whether he should not, as a com- 
 pliance with the Queen's letter, array the whole colony, 
 and detach at least 50 men for the assistance of Albany. 
 Let us not dispute any Quaker's belief that for Penn's 
 escape from death on the scaffold and the colony's re- 
 tention of whatever advantages it had under the Charter 
 to him, there was a special interposition of Divine 
 Providence. In no contradictory humor, there can be 
 pointed out for a secondary cause, that Penn, with or 
 most frequently without any ulterior end than the dis- 
 connected act which he was promoting, had so used his 
 opportunities in the preceding reigns, and conducted 
 himself since, as to place in his hands wires which rami- 
 fied far, in fact almost, at some time or other, every- 
 where, in the complex and changing jumble of political 
 affairs. His activities had made him, if not the asso- 
 ciate, and even if sometimes an opponent, yet an ac-
 
 270 Chronicles of Pennsylvania. 
 
 quaintance at least of everybody. What anger he had 
 felt, did not prevent a readjustment of relations. His 
 personal charm and his lofty sentiments predisposed 
 in his favor those who were not leading partisans in 
 opposition to him. With his influence with James II, 
 great enough to do individuals a good turn, Penn had 
 followed the injunction 
 
 ' ' Cast thy bread upon the waters : ' ' 
 and the promise 
 
 ' ' for thou shalt find it after many days ' ' 
 was fulfilled in the recovery of not only his life and 
 liberty, but also his viceregal powers. It was not 
 merely the chance to escape some mild trouble, or to 
 make money, or to rise, that he had given to men who 
 afterwards, some quite unexpectedly, were in a position 
 to make some return to him. At the bureaus, the 
 Council boards, and the Cabinet ministers' desks were 
 those who owed to Penn their very lives. One instance 
 will suffice. A few months before the Revolution, Penn, 
 in his own coach, drawn by four horses, took Sir John 
 Trenchard to Windsor, where, leading him into the 
 King's presence, Penn secured Trenchard 's pardon, 
 notwithstanding his complicity in the Monmouth and 
 Lord Russell affairs, and his having been exempted 
 from a general offer of pardon. After the Revolution, 
 Trenchard speedily helped Penn financially by buying 
 the four horses: but this had scarcely left Trenchard 
 quit of obligation. After Penn was deprived of the 
 government of his province, Trenchard became one of 
 the Secretaries of State. 
 
 In a letter, undated but written probably in October, 
 1693, to the Earl of Rochester (Laurence Hyde, the 
 Queen's uncle, created Earl in 1682), Penn spoke of a 
 desire to go to Pennsylvania, but said that he would 
 not accept liberty on condition of going, so as to be 
 looked upon as ''an articled exile," and he must go to 
 Ireland to settle his almost ruined estate, and to take
 
 England. 271 
 
 off the prosecution against him begun upon Fuller's evi- 
 dence, and therefore the departure for America could 
 not be before the following Spring. On Nov. 25, 
 Rochester and the Earl of Ranelagh, who was an Irish 
 peer, and Viscount Sidney went to the King, and repre- 
 sented Penn's case as a hard one, there being no evi- 
 dence against him, except that of imposters, fugitives, 
 or those who since their pardon had refused to stand 
 by their first assertions, whereas these lords had known 
 him long and favorably for many good deeds ; further- 
 more these lords explained that he might have gone 
 abroad two years before, had he not been unwilling to 
 seem to defy the government, and now he was waiting 
 for leave to go about his affairs. King William replied 
 that Penn was also his old acquaintance, and should be 
 allowed to follow his business, as there was nothing to 
 say to him. By the King's command, Secretary of 
 State Trenchard, on the 30th, discharged Penn. Penn 
 went from the Secretary's to the Friends Meeting, and 
 spoke for the first time for nearly three years. Dixon 
 is probably right in identifying the Mr. Penn who was 
 reported as saying about this time that James II had 
 the most favorable opportunity for an invasion, as 
 being Neville Payne. On 12mo. 4, William Penn wrote 
 to certain Friends in Pennsylvania for a large loan, on 
 receipt of which he would sail thither, God giving him 
 health, in three or at most six months. This loan was 
 not made ; but some of the Quakers decided on the plan, 
 as Fletcher says in a letter of Aug. 18, 1694, of send- 
 ing delegates to England to secure power to act under 
 their former commissions, or, if they could not ac- 
 complish Penn's restoration, to have the government 
 annexed to that of Maryland. 
 
 We would have expected Penn to be glad that he was 
 relieved during a war of a position where he by himself 
 or deputy would be obliged to perform military duties, 
 and moreover against his former king : but to the natu-
 
 272 Chronicles of Pennsylvania. 
 
 ral desire to resume place and authority which had been 
 arbitrarily taken away, was doubtless added the con- 
 viction that the powers of government granted by King 
 Charles's patent were necessary for both the protec- 
 tion of the Proprietary's real estate rights and the 
 happiness and prosperity of the colony. Penn persisted 
 in claiming that the King and Queen were misinformed, 
 when they superseded him on the ground of failure of 
 justice and danger of capture in the war. However 
 objectionable proprietary governments were, they had 
 been too long settled in the colonial system of England 
 to be declared illegal. Offices and franchises were 
 private property, which could be taken only by judicial 
 process or the fiat of King, Lords, and Commons in 
 Parliament. In the absence of William III, in the 
 Summer of 1694, the Countess of Ranelagh took up 
 Penn's cause with Mary II, left as usual as sole 
 sovereign, and, when Penn petitioned for restoration 
 of his government, she was favorably disposed. The 
 petition coming before the Privy Council, was referred 
 on July 12, 1694, to the Committee for Trade and Plan- 
 tations. The next day, the Attorney-General and So- 
 licitor-General made a report justifying the appoint- 
 ment of Fletcher in the emergency, for the reasons set 
 forth in his commission, but finding that, when the oc- 
 casion ceased, the right of government belonged to the 
 grantee of Charles II and assignee of the Duke of York. 
 Penn, waiting outside the room where the Committee 
 was sitting, was called in to be heard. The promises 
 he then made do not show him a martyr to the prin- 
 ciples of peace. He said that if her Majesty would be 
 pleased to restore him to his property according to the 
 grant, he would with all convenient speed go to Penn- 
 sylvania, and take care of the government, and provide 
 for the safety and security of the region, as far as in 
 him lay, and he would transmit to the Provincial Coun- 
 cil and Assembly all orders from her Majesty for
 
 England. 273 
 
 supplying quotas of men, and defraying share of ex- 
 pense, and — here was a strange statement for him to 
 make — he doubted not that they would be fully com- 
 plied with. Perhaps he thought that he could arrange 
 for a non-Quaker majority in Council and Assembly, 
 or obtain volunteers and contributions sufficient. To 
 prove the colonists' loyalty and readiness to do as de- 
 sired, he then exhibited a copy of the Act of Assembly 
 of 1693, expressing submission to their Majesties' 
 pleasure in taking the government into their hands, 
 and moreover levying a tax to be spent by the Govern- 
 or appointed by the King and Queen. We must remem- 
 ber that Penn had not heard of the proceedings of the 
 Assembly dissolved in June, nor probably of the small 
 yield from the tax. The Lords of the Committee, after 
 these stipulations by Penn, referred the Act levying the 
 tax and the other laws passed in 1693 to the Attorney- 
 General. The Lords decided that, on learning what the 
 Queen fixed as Pennsylvania's quota for the safety of 
 New York, they would recommend, on the strength of 
 Penn's assurances, the restoration of the government 
 to him. On July 27, they, probably to prevent Penn 
 from appointing a Quaker, extracted from him a prom- 
 ise to continue Markham as Lieutenant-Governor; and 
 Penn also stipulated to submit the direction of military 
 affairs to their Majesties, if the Assembly of Pennsyl- 
 vania would not comply with the orders transmitted. 
 The validity of the laws of 1693, passed without the 
 Proprietary's participation, being questionable, his 
 consent in writing was exacted for the execution of 
 those not already rejected by their Majesties in Council. 
 Certain laws were disapproved, but most were left until 
 future Assemblies would have the opportunity to re- 
 peal them. 
 
 On August 20, William and Mary, reciting that they 
 had thought fit to restore William Penn to the adminis- 
 tration of the government of Pennsylvania and New 
 
 18
 
 274 Chronicles of Pennsylvania. 
 
 Castle and Territories, annulled the appointment of 
 Fletcher as Governor of the same. By letter dated the 
 next day, addressed to the Proprietary, or, in his ab- 
 sence, the Commander-in-Chief, the Queen fixed the 
 quota of Pennsylvania and New Castle, to be furnished 
 on the demand of the Governor of New York, at not 
 exceeding eighty men with their officers. 
 
 Thomas Lloyd died Sept. (7 mo.) 10, 1694, perhaps 
 without Penn hearing of the fact before arranging the 
 restored government. The subsequent prominence of 
 Lloyd's sons-in-law, grandchildren, and other posterity 
 by blood or marriage, made him the patriarch of the 
 most important family connection of Colonial Pennsyl- 
 vania, and three Presidents of the Supreme Executive 
 Council of Revolutionary times, Wharton, Moore, and 
 Dickinson, married descendants. 
 
 Penn, on Nov. 24, while in Bristol on a preaching 
 tour, constituted Markham "Governor," but, as simul- 
 taneously Penn appointed two Assistants, viz: John 
 Goodson and Samuel Carpenter, both moreover Quar 
 kers, and charged Markham in all things to govern with 
 the advice and consent of at least one of them, the action 
 was scarcely a compliance with the promise to the Com- 
 mittee. The explanation, as given in the document ad- 
 dressed to Goodson and Carpenter, was the frequent 
 indisposition of Markham. Penn wrote on the same 
 day to Friends in Pennsylvania, saying "We must 
 creep where we can not go," and asking them not to 
 take it amiss that he could not follow what was his in- 
 clination as well as theirs, but hoped to do so in a short 
 time. He would at once, and probably did, write to the 
 Assistants to consult them in the advice and consent 
 they might give to his cousin Markhani. In December, 
 Penn induced William Ford to write, as Ford did on 
 Dec. 14, to Secretary Blathwayt to get him to make 
 the Lords understand and allow that Markham 's in- 
 vestment with the military power answered the sub-
 
 England. 275 
 
 stance of the promise made to them, and that the civil 
 affairs be in the hands of "those more suitable to the 
 mind and improvement of the colony." 
 
 England, notwithstanding the restoration of the 
 government to William Penn, retained or subsequently 
 imposed her control over his dominions in several 
 ways quite annoying to the colonists. In the first place, 
 by King Charles's Charter, the Proprietaries and their 
 Lieutenants and Governors were bound to admit to all 
 ports the officers appointed by the Commissioners or 
 farmers of the Customs, and to allow to the Crown such 
 impositions and customs on merchandise laded and un- 
 laded as then or later appointed by Act of Parliament. 
 The Charter authorized carrying from England to 
 Pennsylvania under the customs due by any law or 
 statute of only such articles as not prohibited by the 
 law and statutes to be carried out of the kingdoms, and 
 the produce of the country was to be carried first to 
 England, and, if afterwards any further, then under 
 the same duties as the subjects in England paid, and 
 under the directions of the Acts of Navigation and 
 other laws. 
 
 Various Acts of Parliament either regulating trade 
 or for other purposes were made by their very terms 
 to extend to the American Colonies. 
 
 The policy of the Mother Country in dealing with 
 the American colonies was to subordinate their inter- 
 ests to hers. Perhaps it was not yet feared that if they 
 were commercially able to do without England, they 
 would become politically independent; but it was 
 planned that they should supply the material, while 
 the depots and factories and markets should be in 
 England. Ireland, Wales, and the little English pos- 
 session, Berwick upon the Tweed, were usually in- 
 cluded in the measures for Protection, so as to share 
 with England the monopoly. 
 
 Scotland, although her King was King of England,
 
 276 ' Chronicles of Pennsylvania. 
 
 was until the Act of Union of Queen Anne's reign a 
 separate realm, with distinct officers, nobility, and 
 Parliament ; and the inhabitants north of the boundary 
 between the two countries were not admitted to the 
 rights of Englishmen except by special naturalization 
 or letters of denization, and as to some privileges 
 seemed excluded by not being "native born." 
 
 An Act of the English Parliament passed very soon 
 after the Restoration of Charles II, i.e. 12 Car. II, c. 18, 
 for the encouraging and increasing of shipping and 
 navigation, commonly called the Act of Navigation, 
 provided that after Dec. 1, 1660, nothing should be im- 
 ported into or exported from any lands, islands, plan- 
 tations, or territories belonging to or in possession of 
 the King in Asia, Africa, or America (New Nether- 
 land being included, for the Act covered future posses- 
 sions) in any other vessels than those belonging to the 
 people of England, Ireland, Wales, or Berwick, or built 
 in and belonging to the people of any of said planta- 
 tions, and whereof the master and three fourths at least 
 of the mariners were English. The penalty was loss 
 of goods carried, and of the vessel and its guns, furni- 
 ture, tackle, ammunition, and apparel. 
 
 It was further provided that no alien, or person not 
 born within the allegiance of the King or naturalized 
 or made a free denizen, should after Feb. 1, 1661 
 (query, 1661-2?), be a merchant or factor in any of 
 said places, on pain of forfeiture of his goods. All 
 Governors of plantations and all future Governors ap- 
 pointed by the King were, before entrance into the 
 government, to take an oath to do their utmost to have 
 these two prohibitions observed, and were, upon proof 
 of negligence, to be removed. No goods or commodities 
 of the growth or manufacture of Africa, Asia, or 
 America were to be imported into England, Ireland, 
 Wales, Guernsey, Jersey, or Berwick upon Tweed in 
 any other vessels but such as belonged to people of
 
 England. 277 
 
 England, Ireland, Wales, or Berwick or the planta- 
 tions, and whereof the master and three fourths at least 
 of the mariners were English. No Governor of any 
 plantation should allow any foreign built vessel to load 
 or unload any commodities until a certificate were pro- 
 duced to him or person appointed for the purpose by 
 him, that the owners had taken an oath that said vessel 
 was bought for valuable consideration, and that no 
 foreigner had any interest, nor until examination were 
 made whether the master and three fourths of the mari- 
 ners were English. 
 
 It was further enacted that after April 1, 1661, no 
 sugar, tobacco, cotton-wool, indigoes, ginger, fustic, or 
 other dyewood of the growth or manufacture of the 
 plantations should be carried to any other place than 
 the other plantations or England, Ireland, Wales, or 
 Berwick, there to be laid on shore. Every vessel sail- 
 ing from England, Ireland, Wales, or Berwick for any 
 English plantation was required to give security to the 
 chief officers of the Custom House of the port to obey 
 this law on the return voyage. For all ships from any 
 other port or place with which any of said plantations 
 were permitted to trade, the Governor of a planta- 
 tion, before such ship was to be permitted to load there 
 any such commodities, was to take bond that the vessel 
 carry the goods to an English plantation, or to 
 England, Ireland, Wales, or Berwick on Tweed, and if 
 any load were taken before giving bond, the bond 
 should be forfeited. 
 
 In soon afterwards arranging for a monopoly for 
 English built vessels, Ireland's dealings with the colo- 
 nies was restricted. By act of 15 Car. II, c. 7, no com- 
 modity of the growth or manufacture of Europe was 
 to be imported after March 25, 1664, into any of the 
 plantations unless shipped in England, Wales, or Ber- 
 wick, and in English built shipping or shipping bought 
 before Oct. 1, 1662, and of which the master and three
 
 278 Chronicles of Pennsylvania. 
 
 fourths at least of the mariners were English, and un- 
 less carried directly to the plantations, under penalty 
 of loss of goods and of vessel, guns, &ct., except that 
 the wines of Madeira and the Azores and servants and 
 horses from Scotland or Ireland and victuals from 
 Scotland could be taken in. The Governors of the plan- 
 tations were, before entrance upon their governments, 
 to take an oath to do their utmost to have this act ob- 
 served. 
 
 Scotchmen had evaded the provision requiring mas- 
 ters of vessels to be English by coming over as super- 
 cargoes and merchants, although often they directed as 
 if masters ; and Randolph, claiming that the law should 
 be strictly construed against Scotchmen, said on Dec. 
 7, 1695, that many Scotchmen had been engaged in 
 trade, i.e. as merchants, in America for many years, as 
 being persons "born within the King's allegiance." 
 Upon the incorporation by the Parliament of Scotland 
 of the trading company for India, Africa, and America, 
 which resulted in the Darien fiasco, England became 
 alarmed, lest her trade and navigation except with 
 Europe would be destroyed. Her Parliament ad- 
 dressed the King, particularly representing that when 
 the Scotch would be settled in plantations in America, 
 England's commerce in tobacco, sugar, &ct. would be 
 utterly lost. The King's answer favored a vigorous 
 execution of the English laws for the security of the 
 plantation trade, and for making England the staple 
 of the commodities of the plantations, and of the com- 
 modities from other countries and places for the sup- 
 port of the plantations. 
 
 On May 15, 1696, in place of the Committee of the 
 Privy Council for Trade and Plantations, Commis- 
 sioners were appointed "for Promoting the Trade of 
 our Kingdom and Inspecting and Improving our Plan- 
 tations in America and Elsewhere;" and it was made 
 part of their duty to promote the supplying of England
 
 England. 279 
 
 with naval stores from her colonies, improving and 
 settling in them such other staples and manufactures 
 as England was obliged to obtain from the subjects of 
 other princes and states, and to ascertain what may 
 be best encouraged in the plantations, and "what 
 trades are taken up and exercised there which may 
 prove prejudicial by furnishing themselves and our 
 other colonies with what has been usually supplied 
 from England, and to find out means of diverting them 
 from such." John Locke, who largely owed his life 
 to Penn, was one of these Commissioners. 
 
 An act, 7 & 8 Wm. Ill, c. 22, passed for preventing 
 frauds and regulating abuses in the plantation trade, 
 allowed no goods after March 25, 1698, to be imported 
 into or exported from the plantations, or from one part 
 to another of the colonies, or to England, Wales, or 
 Berwick, in any ship or bottom but of the build of 
 England, Ireland, or the colonies, wholly owned by 
 people thereof, and navigated with master and three 
 fourths of the mariners English. All the Governors and 
 Commanders-in-Chief of any of the English colonies 
 were before March 25, 1697, and all afterwards ap- 
 pointed were before entrance upon the government, to 
 take an oath to do their utmost to have this and the 
 preceding acts observed, and said officers were to give 
 security upon notice. The jurors in all actions upon 
 any statute concerning the King's duties or the forfei- 
 ture of ship or goods were to be natives of England or 
 Ireland or the plantations: and all places of trust in 
 courts of law were to be filled by native bora subjects 
 of England or Ireland or said plantations. No persons 
 claiming propriety in tracts of land in America by 
 charter or letters patent were to sell to other than 
 natural born subjects of England, Ireland, Wales, or 
 Berwick without consent of the King signified by 
 order in Council first obtained. All Governors ap- 
 pointed by any of such proprietors who were author-
 
 280 Chronicles op Pennsylvania. 
 
 ized to nominate such, should be allowed and approved 
 of by the King, and before entering on government take 
 oaths like Governors of other colonies. No vessel should 
 be deemed qualified to carry to or from the plantations, 
 as built in England &ct. or the plantations, until the 
 persons claiming property registered it by proof upon 
 the oath of one or more owners of the vessel. 
 
 Those who wished to discriminate against Scotland 
 experienced a defeat when the Attorney-General and 
 Solicitor-General gave an opinion that Scotchmen were 
 qualified to be owners, masters, and mariners in 
 America. All the restrictions upon them in trade and 
 navigation were removed by the Act for the Union of 
 the Two Kingdoms of England and Scotland, 5 
 Ann., c. 8.
 
 CHAPTER X. 
 
 Failure in Government. 
 
 Question as to resuscitation of Frame of 1683 — 
 Councillors chosen under it — Requisition for 
 troops — Councillors leave defence of Penn's do- 
 minions to Markham's conscience— Assembly offers 
 250Z. "for the support of the government" in 
 answer to the requisition, but demands first the 
 confirmation of the Frame with some changes — 
 Markham refuses, and dissolves both Council and 
 Assembly, and rules without any for about a year — 
 Deterioration of the colony in morals — Illness and 
 complacency of Markham — Wide-spread disincli- 
 nation to punish — Difficulties of enforcing laws 
 regulating trade — Rapid increase of population 
 with loss to other colonies — Size of Philadelphia 
 and population of town and country about 1697 — 
 Pennsylvania drawing foreign silver — A bank — 
 Linen, woolens, and wine — Trade — Randolph sug- 
 gests annexation of Lower Counties to Maryland 
 and union of Pennsylvania and West Jersey under 
 Royal Governor — Markham appoints a Council, 
 and summons an Assembly like Fletcher's — A 
 would-be pirate employed for defence, and pro- 
 tected against a naval force sent to arrest him — 
 Appropriation of 3001. "for the relief of the dis- 
 tressed Indians," as the reply to the requisition 
 for troops — Precaution against fire in Philadelphia 
 and New Castle— The Frame of 1696— Taxation 
 disproportionate and without representation — Op- 
 position to the Frame — Assembly refuses to send 
 further money for the war — Admiralty Court with 
 Quary as Judge — Penn's arguments and sugges- 
 tions to a Committee of the House of Lords — 
 Instructions from the King and requirement to give
 
 282 Chronicles of Pennsylvania. 
 
 security — Markham's correspondence with Capt. 
 Daniell — Penn urges the suppression of forbidden 
 trade and vice in his colony — The licensing of 
 drinking places put in the county Justices' hands — 
 Penn's plea as to Markham — Pirates — Every and 
 men from his vessel — Pennsylvania Act relating to 
 trade — Interference with Admiralty and Customs 
 officers — Eeplevin — Lloyd's insult to the seal with 
 the King's effigy — Plunder of Lewes by Frenchmen 
 — Legislation and other proceedings of the pro- 
 vincial government — Captain Kidd. 
 
 The correct legal opinion, and that held by a number 
 of persons, was, that at the end of the suspension of 
 Penn's government, all the privileges and institutions 
 derived from Penn, and particularly those created by 
 the Charter of 1683 establishing the Frame of Govern- 
 ment, sprang again into full force. Certain funda- 
 mental legislation amounted to a covenant between 
 Penn and the People, to destroy which was to the in- 
 terest of neither party. Upon the laws establishing a 
 constitution depended the People's great share in 
 political authority : on the other hand, upon the Act of 
 Union and Act of Settlement under the first Frame, as 
 legally replaced by the Frame of 1683, depended what 
 was a great advantage to Penn, as well as to the dual 
 colony, viz: the integrity of the dominion from below 
 Lewes to the headwaters of the Delaware. If that Act 
 of Union was void, while the Charter from King 
 Charles authorized Penn and the freemen of Pennsyl- 
 vania proper to make laws for that Province, there was 
 really nothing to bind any inhabitant of New Castle, 
 Kent, or Sussex except the common law of England, 
 and, if the representatives of what is now Delaware 
 were to meet to tax themselves, they could insist upon 
 being an independent House. William and Mary had 
 recognized the vitality of the old order of things in the 
 Province of Pennsylvania and Country of New Castle
 
 Failure in Government. 283 
 
 and all the Territories and tracts of land depending 
 thereon; for the letters patent saying that their Majes- 
 ties had seen fit to restore Penn to the administration of 
 the government, did not contain any words making a 
 grant to him, but merely a decree that the appointment 
 of Fletcher with his powers over the region should 
 cease. As part of the covenant between Penn and the 
 People, he and the representatives of both Province and 
 Territories had agreed, in Article 24th of the Frame, 
 that no act, law, or ordinance should thereafter be made 
 or done by the Proprietary and Governor or freeman 
 in the Council or Assembly to alter, change, or diminish 
 the form or effect of that Frame, without the consent 
 of the Proprietary and Governor or his heirs or assigns 
 and six sevenths of the freemen in Council and As- 
 sembly. Such consent to alter or annul had never been 
 given: a transcendent authority had imposed its will, 
 but had since relinquished its hold, had even under- 
 taken to execute such reasonable laws as were in force 
 at Fletcher's taking charge, although providing means 
 for further legislation, and had, on yielding the govern- 
 ment again to Penn, asked his consent to the laws 
 passed meanwhile. 
 
 Markham in Philadelphia received his commission 
 from Penn about seven months after William and 
 Mary's patent restoring the government, and took the 
 oaths on the second day of the new year, i.e. March 26, 
 1695. He acted at once upon the theory that the old 
 Frame was in force, issuing in a few days writs for the 
 election of Councillors as prescribed in the Frame. As 
 the old succession had been broken, he could not fill the 
 body, and preserve the rotation in office, except by hav- 
 ing one Councillor chosen from each county for three 
 years, one for two years, and one for one year. For 
 these terms respectively, Philadelphia County chose 
 Carpenter, Richardson, and Anthony Morris, Chester 
 County chose David Lloyd, Caleb Pusey, and George
 
 284 Chronicles of Pennsylvania. 
 
 Maris, Bucks County chose Joseph Growdon, Phineas 
 Pemberton, and William Biles, New Castle County 
 chose John Donnaldson, John Williams, and Richard 
 Halliwell, Kent County chose John Brinckloe, Richard 
 Willson, and Griffith Jones (apparently not the person 
 of the name in Fletcher's Council), and Sussex chose 
 Clark, Thomas Pemberton, and Robert Clifton. All 
 the Pennsylvanians and Jones and Clark were Quakers, 
 as appears by their subscribing the declaration of fidel- 
 ity and profession of the Christian faith and the test, 
 while the others took the oath required by Act of 
 Parliament, and subscribed the test. 
 
 Most persons wanted the guarantee of privileges and 
 the limitation of Penn's powers; but most of these 
 Councillors desired changes in the Frame. The first 
 business of the Council, except some judicial and ad- 
 ministrative matters, was to go over the laws, so as to 
 propose such alterations and additions as were to be 
 submitted at the meeting of the Assembly. On May 25, 
 the grand committee, into which the Council had been 
 resolved for the aforesaid purpose, presented to Mark- 
 ham a bill for remodelling the government; but, after 
 several days spent upon it, an agreement could not be 
 reached, and the subject was dropped. 
 
 Fletcher had written, on April 15, for the full quota 
 of 80 men with their officers, which he stated to be a 
 captain, two lieutenants, four sergeants, four corporals, 
 and two drummers, to be at Albany as soon as possible, 
 and for their arms, ammunition, and pay for one year 
 to be provided also. The Council advised that an As- 
 sembly be called, but postponed its meeting until the 
 9th of September, declaring that it would be the ruin 
 of many families for the men to be away from home 
 during harvest. Markham, expressing the hope that 
 the delay would not be looked upon as a refusal, men- 
 tioned Penn's assurances to protect the country as far 
 as in him lay, and asked, if an enemy made any attempt
 
 Failure in Government. 285 
 
 upon it, were the Councillors willing that the Governor 
 should defend it by force of arms? Some said that 
 they were willing; others, that they must leave every 
 one to his liberty; some admitted that Governor Penn's 
 instructions were to be followed; finally various 
 Quakers declared that it was the Governor's business, 
 and they had nothing to do with it. Carpenter being 
 probably among those unwilling to meddle, Markham 
 asked John Goodson, the other Assistant, whether he 
 was dissatisfied with anything that had been done ; he 
 expressed himself satisfied. 
 
 Fletcher, making a change in the number of ser- 
 geants and corporals from four to three, asked, on June 
 32, that the troops or money to maintain them be sent 
 to New York by the 1st of August. The Councillors to 
 whom this second letter was read, whether Quaker or 
 not, still saw no use in drawing the representatives of 
 the People away from harvesting, as not until Winter 
 would the crops be paid for, and the inhabitants have 
 any money to pay a tax. 
 
 The Sheriffs were commanded to hold elections for 
 six Assemblymen from each county, the number men- 
 tioned in the Frame. The Assemblymen chosen, of 
 whom Shippen was made Speaker, were all Quakers ex- 
 cept four of those from Sussex. 
 
 The Council having failed to promulgate bills twenty 
 days before the meeting of the Assembly, no legisla- 
 tion was possible consistently with the Frame. This 
 may have made the leaders of the People more deter- 
 mined to get rid of the Frame: and there was a pur- 
 pose to obtain greater concessions in a new Charter. 
 Somebody, perhaps Lloyd, suggesting that the old was 
 void, the opportunity seemed to have arrived. A third 
 request for the quota of troops or money followed a 
 meeting of Fletcher with some of the Mohawks, and 
 was laid before the Assembly. A resolution was car- 
 ried that legislation might be proceeded with, in the
 
 286 Chronicles of Pennsylvania. 
 
 present emergency, without the previous promulgation 
 of bills. A committee of Councillors and Assemblymen 
 made a report, in which was set forth the present made 
 in 1693 to the King and Queen for support of govern- 
 ment, upon Fletcher's assurance of supplying the 
 friendly Indians with necessaries, and there was ex- 
 pressed the opinion that the money then raised or now 
 to be raised ' ' for the support of government, ' ' and not 
 otherwise expressly appropriated, ought to be taken 
 instead of the assistance asked, and as an answer, as 
 far as conscience and ability allowed, to the Queen's 
 letters, and that the said money might be appropriated 
 as the Governor or his Deputy for the time being should 
 see fit. Markham, welcoming any chance for a substan- 
 tial aid, desired the representatives to go on as they 
 had begun, and give an effectual answer by raising 
 money. The Committee also made a report as to an 
 Act of Settlement. There was a unanimous vote of the 
 House that the old Frame was dead; certain altera- 
 tions were decided upon to be embraced in a new law 
 reviving it, to be passed by the Proprietary's Deputy 
 with the consent of the freemen in an Assembly. An 
 Act of Settlement, following the adoption by the House 
 of that report, was presented along with a bill levying 
 Id. per I. and 6s. per head on persons not otherwise 
 rated, 250/. of the proceeds to be for the support of the 
 government as before mentioned, 300/. to go to Mark- 
 ham for his services, and the balance to pay the debts 
 of the government. Markham offered to pass the 
 money bill to answer the Queen's letter in any manner, 
 or under any " title," meaning the phraseology to 
 avoid ostensibly appropriating for war, and desired 
 his own name to be entirely omitted from the bill, 
 rather than that the Queen's letter remain unanswered. 
 He wished the Act of Settlement left for further debate, 
 and refused to pass any bill before the money bill. One 
 Councillor pointed out that Parliament always had
 
 Failure in Government. 287 
 
 their privileges granted first, and voted the money last. 
 Several members said that there was nothing in the 
 Act of Settlement but what the Proprietary had 
 formerly granted. Markham reflected that, if the 
 Frame binding Penn and his heirs, and curtailing their 
 powers, was indeed dead, as asserted by the very bene- 
 ficiaries of it, the Deputy would be unfaithful to his 
 principal in binding him again. Markham accordingly 
 declared that he could not, in honor or justice to the 
 Proprietary, pass the Act of Settlement. As for the 
 People's privileges, he never had attempted, or would 
 attempt, to diminish them. Despairing of any answer 
 to the demands of the Governor of New York, unless a 
 Charter of Privileges were granted, Markham dis- 
 solved both Council and Assembly. If he was Deputy 
 of a Governor bound only by the Charter from King 
 Charles or the usual customs of the British colonies, 
 this action was perfectly valid. Apparently Markham 
 had the consent of his Assistants, one or both of whom 
 refused to agree to his calling an Assembly in the way 
 it was done in other colonies. With, the Assistants' 
 consent, he administered the government without 
 Council or Assembly for a year all but two days, writ- 
 ing to Penn for a solution of the dilemma, but the let- 
 ters being captured by the French. , 
 
 The English provinces of North America, at least 
 some of them, were not at this period filled with God- 
 fearing or law-abiding people. Nicholson, when he 
 complained of the loose government of Pennsylvania, 
 drew a sad picture of the low state of religion and 
 morality in Maryland, his own province, where there 
 were men with two wives, and women witii two hus- 
 bands. Pennsylvania might have been expected to be 
 a bright spot, from the character of Penn's first set- 
 tlers, most of whom were still living, but the Keithian 
 movement, overturning, like all reforms, something 
 beneficial in the old order of things, had destroyed the
 
 288 Chronicles of Pennsylvania. 
 
 influence of those who might have kept the public, even 
 with increasing additions of non-Quakers, to a high 
 moral sentiment. Having no regard for such monitors, 
 the many persons who for other than religious reasons 
 had come to the western shore of Delaware Bay and 
 River were on the average no better behaved than those 
 who were residing elsewhere away from home. More- 
 over, black sheep in the diminished Quaker flock were 
 visible, and it was even alleged that its ministry fur- 
 nished enough cases of immorality to seem to be no 
 more like angels than the clergy of other bodies have 
 shown themselves to be. 
 
 While examples and ideals were becoming insufficient 
 in many cases to restrain conduct, the government was 
 ceasing to be a terror to evil doers. Markham was in 
 failing health, Randolph calling him "very infirm." 
 Penn writing on 3mo. 7, 1700, pleaded this as an ex- 
 cuse for "slips," Markham "having been so rudely 
 handled with gout, he has not the use of his legs, and 
 but little of his hands, he can not even ride, and is 
 prisoner to his own chamber." Uncertain as to what 
 Charter he was acting under, in trepidation at the 
 Assembly's non-compliance with the royal order for 
 troops, without any fund at his disposal, or guards at 
 his command, and depending on the rough characters 
 to do the fighting which might be required for the do- 
 minion, and naturally politic and easy-going, Markham 
 was not energetic in correcting irregularities. It is 
 even noticeable, that, although the Act of Navigation 
 gave to the Governor of the plantation — in this case 
 Markham or Penn — one third of any vessel or goods 
 seized there, Markham showed no avidity in making 
 seizures. In fact, while Penn in England was sancti- 
 monious, Markham adopted the policy for making 
 Penn's dominion prosperous of having a "wide open" 
 town. No ordinary or drinking place being allowed 
 without the Governor's license, Markham seems to
 
 Failure in Government. 289 
 
 have granted licenses to all who would pay to him the 
 fee for the same. Randolph, Surveyor-General of 
 Customs, repeated stories of Markham receiving large 
 sums from illegal traders and pirates, whom he allowed 
 to reside unmolested. Against such complaints and 
 Penn's insinuations covered by the word " avarice," 
 Markham, in the course of two letters in the Spring of 
 1697, said: "I have been a slave to this Province many 
 years and never saw a penny of their money. . . I 
 have had as many opportunities since I have been here 
 to have bettered my fortune as those that have made 
 use of them, but I have always been governed by such 
 principles whether out of religion or honor I will not 
 say that I fear will always subject me to the character 
 [of being impecunious] Randolph gives of me. In 
 short I have served you faithfully but desire not to be 
 a burden. I have trusted Providence hitherto and tho ' 
 it may be hard with me being a, cripple, yet can not beg 
 an alms tho' at the door of those I spent my strength 
 for. ' ' A few years later, Penn, in a letter referring to 
 Markham having set apart a certain lot for a meeting- 
 house for the Friends, spoke of him as having lived 
 "corruptly and lavishly" upon him: but the angry 
 language may have been too strong. If, to be sure, this 
 complaisant Governor did not take as much blackmail 
 or presents in the nature of blackmail as some Gover- 
 nors of other colonies, he by that very circumstance 
 added to the attractiveness of Pennsylvania and the 
 Lower Counties for bad characters. 
 
 Although the Quakers in their Address to King 
 William of 3mo., 1696, spoken of in the chapter on Re- 
 ligious Dissension, attributed misrepresentations of 
 them to revenge for their magistrates' strictness 
 against disorders and night revels, there was, contem- 
 porary with the coming of men of bad character among 
 the non-Quaker residents or sojourners, a dislike widely 
 spread among the religious people of the use of any- 
 
 19
 
 290 Chronicles oe Pennsylvania. 
 
 thing but moral suasion to control a fellow man's con- 
 duct. This was independent of any worldly motives. 
 Not only were the Mennonites principled against co- 
 ercion by force, and the Keithians had reproached their 
 enemies with readiness to fight to enforce the law, but 
 many who thought about human rights justified unkind- 
 ness to anybody only when necessary to protect others 
 in life, freedom, and lawful property. Retribution, as 
 an object apart from prevention, seemed to them not 
 man's affair. The disinclination to punish naturally 
 increased with the severity of the punishment, and, as 
 well as legal obstructions, left grave offences unatoned 
 for. Except the persons benefitted by fines or forfei- 
 tures, and not even Markham or Penn among such, few 
 wished to see any man suffer very much in person or 
 estate for a breach of the laws giving England a mo- 
 nopoly of trade. Although this remark seems to be at 
 variance with the Vindication sent by the Council and 
 Assembly to King William in 1698, two years later than 
 the Address already spoken of, and although the word 
 of those who signed may be worth more than the word 
 of Edward Randolph, yet in this matter the Vindica- 
 tion need be taken as proving only that the leading men 
 were neither conspiring nor wishing to foster pro- 
 hibited trade. 
 
 Along such a water frontage, where vessels could 
 escape observation in a wide bay and in creeks, in days 
 when a deep channel was not required, no Governor 
 except with numerous revenue cutters could prevent 
 smuggling. Goods could be landed, and, while kept 
 away from New Castle, Chester, and Philadelphia, 
 could be disposed of among the country people, and 
 in some cases carried over to Maryland. Similarly, 
 even tobacco could be put on board by stealth. One 
 vessel said to have been owned by a Netherlander did 
 its work by night. As required by the law to prevent 
 exporting except to England, the acting Governor duly
 
 Failure in Government. 291 
 
 exacted bonds with sureties for proceeding thither 
 from the masters of vessels leaving Penn's dominions. 
 When on the high seas, a master would sometimes 
 change the course, and carry his cargo to Scotland or 
 the Netherlands. Hearing of vessels which had not 
 reached their ostensible destination, Markham did not 
 sue out the bonds, and when Randolph expostulated 
 with him, gave Randolph no satisfaction. Nearly every 
 case in the list made out by Randolph is explained in 
 the Vindication aforesaid, the vessel as a rule being 
 captured by the French: but in March, 1696-7, Penn 
 was obliged to raise the point before the Committee of 
 the House of Lords that Proprietary officers could not 
 be expected to sue out the bonds, in which contention 
 he was unsuccessful. 
 
 While Markham and the Deputies of Proprietary 
 Governors generally co-operated less with the Customs 
 officials than did Governors directly under the Crown, 
 judges and juries outside of Penn's dominion were ap- 
 parently as unwilling as those within it to enforce the 
 Trade and Navigation Laws, and perhaps were less 
 disinterested in their motives. By December, 1695, 
 when Randolph made the statement, he had never 
 gained a case in the courts of any colony against any 
 vessel. He may have brought his suits without suffi- 
 cient evidence, but, as the judges in America were often 
 merchants, the unvarying acquittal looks more like par- 
 tiality or affiliation, and led to the belief that justice 
 to the King's side in such tribunals was not obtainable. 
 In the case of the ship "Dolphin," Randolph asked 
 Markham for a special court at Philadelphia, but the 
 trial was ordered to be at Chester, and, on April 30, 
 1695, there was a verdict for defendant with damages 
 and costs, and Randolph was arrested and imprisoned 
 for £46, and, although an appeal was allowed, the ship 
 was not detained. 
 
 The population along the western side of Delaware
 
 292 Chronicles of Pennsylvania. 
 
 Bay and River increased rapidly during the fifteen 
 years following the grant to Penn. To the causes men- 
 tioned in the chapter on the People, there were added 
 towards the close of the Century, to attract from other 
 colonies, greater employment for labor and gentler 
 exercise of authority. Better wages and, according to 
 Governor Nicholson, the chance of booty offered by 
 piratical captains, induced such desertion of sailors to 
 Pennsylvania that the vessels in Maryland could not 
 be manned. He, in June, 1695, did not doubt that one 
 hundred had run to Pennsylvania from the Virginia 
 and Maryland fleet. There was another cause for emi- 
 gration from Maryland; in that colony, people were 
 caned and clubbed. As to New York, the burdens of 
 the war with Canada were mentioned in September, 
 1696, as having induced two hundred or three hundred 
 families to leave, some going to New England, but most 
 to Maryland or Pennsylvania. Philadelphia became 
 nearly as large and possessed of nearly as much trade 
 and riches as the city of New York, which was much 
 older. Penn told the Commissioners for Trade in 1697 
 that he thought it possible that Philadelphia comprised 
 1500 houses, and that the inhabitants of town and 
 country together numbered 12,000. 
 
 Pennsylvania had bid for actual money by passing a 
 law in 1693, with the consent of Fletcher, that all Peru 
 pieces of eight weighing not less than 12 dwt. and all 
 Lion dollars (coined in the Netherlands) not clipped 
 should pass for 6s., and all pillar, Mexico, and Seville 
 pieces of eight should pass, if weighing 13 dwt., for 
 6s. 2d., and, if weighing 14 dwt., for 6s. 4 d., and, if 
 weighing 15 dwt., for 6s. 6d., and, if weighing 16 dwt., 
 for 6s. 9d. and, if weighing 17 dwt., for 75. This had 
 operated to draw both silver and trade to the Dela- 
 ware: Hartwell and other Virginians complained on 
 Oct. 20, 1697, that, by appointing the piece of eight 
 weighing 12 dwt. to go for 6s., Pennsylvania was drain-
 
 Failure in Government. 293 
 
 ing all the money from Maryland and Virginia, the best 
 piece of eight being in Virginia 5s., and in Maryland 
 4s. 6d. 
 
 Nicholson, in a letter of June 14, 1695, to the Duke 
 of Shrewsbury, said that there was a bank in Penn's 
 dominion of £20,000, most of the people, even the 
 tradesmen and farmers, being concerned in it, the 
 farmers putting in their grain. On this subject, noth- 
 ing further has been found except that on 12mo. 7, 
 1688-9, Robert Turner, John Tessick (Tysack?), 
 Thomas Budd, Robert Ewer, Samuel Carpenter, and 
 John Fuller, by petition to Governor Blackwell and 
 Council, set forth said petitioners' design to start a 
 bank for money, and asked to be encouraged, where- 
 upon Blackwell told them that he himself had, when in 
 New England, proposed such a thing to Penn, and the 
 latter 's answer might be expected by the first ship from 
 England. Nevertheless, Blackwell explained that he 
 saw no reason why they should not give their personal 
 bills, as merchants usually did bills of exchange, to any- 
 body who would take such bills to pass as money. He 
 warned as to the danger of counterfeiting. If Nichol- 
 son, who had only recently arrived in the adjoining 
 province, was correctly informed, there was thus an 
 association distinct from the Society of Traders, and 
 apparently unchartered, warehousing and marketing 
 much of the agricultural product. 
 
 Nicholson also mentioned the Germans in Pennsyl- 
 vania employed in linen and woolen manufacture, and 
 that more were expected, "which," he added with true 
 English feeling, "will be very prejudicial to England." 
 Two years later, Penn, before the Committee of the 
 House of Lords, spoke of the possibility of America 
 furnishing wine for England, saying that in Pennsyl- 
 vania both Germans and French were then making 
 white and red wine every year. 
 
 The other colonies, and particularly Maryland, were
 
 294 Cheonicles of Pennsylvania. 
 
 jealous of Penn's, and jealousy fostered suspicion that 
 the commerce of the latter was illegal. Nicholson heard 
 and, in the aforesaid letter, communicated the gossip 
 that Penn's colony, having many Scotchmen engaged 
 in trade, was sending tobacco to Scotland and other un- 
 lawful European destinations, also to Curacoa and 
 Surinam, in casks with only flour and bread visible at 
 the ends. The story continued that the vessels con- 
 trived to reach Curagoa and Surinam in time for the 
 arrival of the Dutch fleet from Europe, so as to buy 
 goods from it, which were then brought back and sold 
 in Pennsylvania as cheap as in Holland. Nicholson 
 said further that twelve or fourteen sloops, brigantines, 
 and other vessels were then being built in Pennsylvania, 
 i.e. Penn's whole dominion. After much suspicion had 
 been cast upon the trade to Curagoa, a Dutch posses- 
 sion, Francis Jones, a sea captain, in his letter herein- 
 after mentioned, explained that as it was not to the 
 interest of merchants to bring Dutch goods to the dual 
 colony, but that provisions, a legitimate export, were 
 sent to Curagoa, payment was made in Spanish pieces 
 of eight, otherwise dollars, at 4s. to 4^5. per piece, and 
 these were used to buy salt to bring back. As to a 
 charge of shipping tobacco to forbidden places, Jones 
 did not believe 1000 hhds. were grown in Penn's do- 
 minion, the inhabitants chiefly growing corn. Mary- 
 land discriminated in 1695 against Pennsylvania by 
 laying an impost for three years of ten per cent, on all 
 European goods imported thither through Maryland 
 ports and across country, although not exposed to sale 
 on the way; yet Maryland, without paying a similar 
 impost in Pennsylvania, got most of her European 
 goods through its ports. Goods for New York and Vir- 
 ginia were allowed to pass through Maryland free. 
 
 Randolph, being in England in the latter part of 
 ]695, laid before the Commissioners of Customs an ac- 
 count of the state of the North American colonies with
 
 Failure in Government. 295 
 
 reference to the Scotch act incorporating an East India 
 Company, and also some suggestions for preventing 
 illegal traffic between the tobacco plantations and 
 Scotland. He spoke of a possible design of the newly 
 incorporated Scotch East India Company to purchase 
 a settlement in one of the Lower Counties on the Dela- 
 ware, and suggested the annexation of those Counties 
 to Maryland, and also of West Jersey to Pennsylvania 
 under a Governor to be appointed, more active than 
 Markham. The act of 7 & 8 Wm. Ill, c. 22, aimed at 
 the dangers spoken of by Eandolph, has been men- 
 tioned in the chapter of this book just preceding. Ran- 
 dolph represented that in Proprietary colonies, there 
 was every encouragement for illegal trading, and vari- 
 ous persons in office were Scotchmen, and naturally 
 inclined towards their countrymen. He said that in 
 Pennsylvania several well known pirates were engaged 
 in trading, chiefly with Curagoa, and that nine vessels 
 had lately sailed directly for Scotland. He urged that 
 the Crown establish a court in the colonies for cases 
 concerning the revenue and trade. 
 
 Benjamin M. Nead, in his excellent Historical Notes 
 published by the State as an Appendix to the Duke of 
 Yorke's Book of Laivs, speaks of the dissatisfaction 
 of the representatives of the People with Markham 's 
 dissolution of the two legislative houses, Council and 
 Assembly, in 1695, and with his not issuing writs in 
 1696 for elections to be held at the time fixed by the 
 old Frame, and also says that Markham dissuaded the 
 freemen, who were planning to hold elections. 
 
 A circular from the English government for the 
 vigorous enforcement, really against the Scotch, of the 
 laws of Trade and Navigation, and a copy of a letter 
 from the Committee for Trade and Plantations for the 
 publishing and carrying out of the Act of 7 & 8 Wm. 
 Ill, c. 22, and a letter from the said Committee, dated 
 April 20, requiring the inhabitants to put themselves
 
 296 Chronicles of Pennsylvania. 
 
 in a posture of defence against the French, convinced 
 Markham that circumstances required an organized 
 government. Therefore, like the Governors of other 
 colonies, he established a Council appointed by himself, 
 admitting thereto on Sep. 25, 1696, Shippen, Morris, 
 David Lloyd — said three being Quakers — and Yeates, 
 Halliwell, Brinckloe, John Hill, and Robinson — said 
 five taking oaths. On the 28th, Markham again took 
 the oaths, and subscribed the test : he thought it neces- 
 sary to do so, because there had been ' ' some alteration 
 in the frame of government." He asked the Council- 
 lors to administer the oaths to him, but some of them 
 answered that, being unable to take an oath, they could 
 not administer one, and so Patrick Robinson admin- 
 istered the oaths. By unanimous advice, Markham 
 summoned an Assembly, issuing writs for the same 
 number of representatives as under Fletcher's rule. 
 
 About this time, a French privateer took several ves- 
 sels out of New York harbor, and a sloop belonging 
 to Philadelphia with a valuable cargo off Barnegat; 
 then the privateer came into Delaware Bay, sending 
 part of the force to plunder on shore. A brigantine 
 commanded by John Day came to New Castle under 
 clearance papers from South Carolina for England, 
 with a crew so large that he was supposed to be intend- 
 ing a piratical expedition. Markham hesitated to avail 
 himself of the authority and opportunities to arrest 
 him : there was no force, even if there was any pretext, 
 to restrain Day's men, who might therefore, if they lost 
 their commander, plunder the land, or themselves take 
 the vessel on a piratical cruise. There was some mili- 
 tary organization for volunteer defenders of the 
 dominion. John Donnaldson, the Councillor, as Major, 
 had been put in charge at New Castle, where there was 
 a fort with seven guns. Pemberton, doubtless the 
 Thomas Pemberton who had been a Councillor, was 
 Captain of the Lower Precincts by Markham 's appoint-
 
 Failure in Government. 297 
 
 ment. Markham is called " Colonel" from Fletcher's 
 time. Day offering to sail down, and to fight the priva- 
 teer without any expense to the government, merely for 
 the chance of getting such a prize, Quary advised 
 Markham to commission Day, and to give him 30 or 40 
 men from the Lower Counties, and let him ambuscade 
 such French as had landed. Markham gave Day the 
 commission, and he got ready. Francis Jones, before 
 mentioned, some of whose men had deserted to Day, 
 could not induce Markham to attempt to recall him. 
 So, in great anger, Jones appealed to Governor Nichol- 
 son in Maryland, where there was a fleet under Captain 
 Wager. Two lieutenants of Capt. Daniell's ship with 
 about sixty men, landing at French Town on Elk River, 
 marched over to New Castle without asking Markham 's 
 leave, and there seized Day and most of his officers on 
 shore, but were confronted on the vessel with Mark- 
 ham's commission. The lieutenants could not refuse 
 to recognize the military authority of Donnaldson, who 
 told them that he would have prevented their entering 
 the town as they did, if he had known that they were 
 coming. They, finding that their followers were get- 
 ting drunk, made these deliver their arms into Don- 
 naldson 's custody for the rest of the stay. Donnaldson 
 protected the brigantine with the guns of the fort, the 
 sails moreover being in the fort. When, without a drop 
 of blood having been shed, the invading force started 
 home, several of the men did not appear. To the great 
 annoyance of Capt. Daniell, these deserters were not 
 found and surrendered to him. Day, who was indeed 
 a rascal, was allowed to proceed on his voyage. The 
 French privateer appears to have put to sea, and to 
 have escaped him. Day went to Curacoa, and there sold 
 the brigantine, and disappeared, for a time at least, to 
 the defrauding of the owners. 
 
 On October 26, 1696, the day appointed for the meet- 
 ing of the Assembly, Donnaldson and Clark were ad-
 
 298 Chronicles of Pennsylvania. 
 
 mitted to Markham 's Council, and Goodson retired from 
 the office of Assistant. It was then learned by Markham 
 that Arthur Cooke had had in his possession for about 
 eighteen months, and had been forbearing to use, two 
 commissions from Penn, one appointing Markham as 
 Lieutenant-Governor to act acording to the laws and 
 Charter, viz : the Frame of 1683, and the other appoint- 
 ing Cooke and Jennings as Assistants. Cooke there- 
 fore took Goodson 's place. Markham still did not feel 
 free to reenact the Frame, if that was necessary to its 
 validity. The Assembly met, and elected John Sim- 
 cock as Speaker. Then Markham presented the last 
 message for the quota, and said, that, while he had re- 
 ceived no authority to reenact the Frame, and had called 
 the House under the Charter of Charles II and the 
 usages of neighbouring Provinces, he would agree that 
 nothing done at the session should prejudice any claim 
 or right to the Frame. It was finally arranged by a 
 committee of conference that a money bill be passed, 
 and also an act for a Frame of Government with a 
 proviso that, if the Proprietary disapproved, it should 
 be null and void, without prejudice to him or the People 
 in relation to the validity or invalidity of the old 
 Frame, and that Councillors and members of Assembly 
 meanwhile be chosen on the 10th of the following 1st 
 month (March). Markham himself presented the 
 heads of the new Frame, somewhat altering the old. 
 As finally agreed upon, the new Frame was passed on 
 November 7, 1696, with the seal of the Province affixed, 
 as the first of five laws made at the session. By the 
 second law, a tax of Id. per 1. and 6s. per head was 
 levied to manifest affection to the King as well as 
 " readiness to answer his expectations in supporting 
 the said government as far as in conscience we can : ' ' 
 3001. of the proceeds to go towards the relief of the 
 distressed Indians above Albany in alliance with the 
 Crown, late sufferers from the French; 300/. to Gov-
 
 Failure in Government. 299 
 
 ernor William Markham for his services; and the net 
 balance to paying, under the order of the Governor and 
 Council, the debts and necessary charges of the govern- 
 ment, the Council accounting to the Assembly. In ad- 
 vance of the collecting of this tax, 300£. were borrowed 
 at interest, perhaps from the aforesaid bank, and sent 
 to Fletcher, who reported that the same had been ex- 
 pended in contingencies to feed and clothe the Indians. 
 
 One of the laws of this session was for the safety of 
 Philadelphia and New Castle from fire: no one was 
 allowed to clean a chimney by burning it out, or to 
 leave it so dirty that it would flame at the top; every 
 owner of a dwelling was to keep therein a swab twelve 
 or fourteen feet long and a bucket or pail always ready ; 
 and no person was to smoke tobacco in the streets day 
 or night, and out of the twelve pence fine for doing so, 
 one penny was to be employed in providing ''leather 
 buckets & other instruments or engines agt. fire" for 
 the use of the town. Apparently the fine was not ex- 
 pected to be absolutely prohibitive. 
 
 The Frame of 1696 did not arrange, like that of 1683, 
 for the exercise of the appointing power after William 
 Penn's death. Besides the limitation of offices and 
 legislative seats to those of Trinitarian faith, as men- 
 tioned in the chapter on Religious Dissension, the other 
 important changes were: the reduction of the number 
 of Councillors to two from each county and of their 
 term of office to one year, and the reduction of the 
 number of Assemblymen to four from each county, and 
 the permission for the Assembly, as well as the Coun- 
 cil, to originate laws, and the allowance as wages of 
 5s. for each day's attendance to the Councillors and the 
 Speaker of the House, and of 4s. per day to the As- 
 semblymen, and of 2d. per mile for travelling to and 
 fro to Councillors and assemblymen, and, finally, the 
 limitation of the franchise of electing or being elected 
 Councillor or Assemblyman to such inhabitants only as
 
 300 Chronicles of Pennsylvania. 
 
 were free denizens resident for two years before the 
 election, aged twenty-one years or more, and possess- 
 ing 50Z. clear wealth; fifty acres of land, ten of them 
 seated and cleared, being taken as 50£. wealth. The 
 charge was a departure from popular government: 
 while the shortening of the term of the Councillors made 
 them more likely representative of the current feelings 
 of the voters, the number of voters appears to have been 
 cut down considerably by the disqualifying of those 
 who merely paid "scot and lot." 
 
 This would indicate that, perhaps owing to the 
 changes in the population, there now was less liberalism 
 among the politicians in control, in fact an instinctive 
 tightening of the reins by the well-to-do Quakers. The 
 Assembly had proposed three years as the time of resi- 
 dence necessary for voting or being elected, but Mark- 
 ham and his Council, there being present Shippen, 
 Morris, Lloyd, Brinckloe, Clark, Hill, and Robinson, 
 had it amended to two. Those imposing the tax at this 
 session took care of the interests of the property 
 holders, and showed no inclination to be munificent to 
 the man living from hand to mouth. The tax was to be 
 at the rate of one penny per pound on the appraised 
 value of the capital, or in other words about four tenths 
 of one per cent., a moderate charge when only occa- 
 sional. The tax was to be on both personal and real 
 estate, but the personalty was to be exclusive of all 
 debts and of household goods and implements in use. 
 Both personal and real estate were to be valued by the 
 Assemblymen serving from the respective counties with 
 the assistance of four or more of "the most substan- 
 tial freeholders:" and we may presume that unpro- 
 ductive land, noth withstanding the inevitable enhance- 
 ment for which it was being held, was not appraised 
 very high by such assessors. The rate was kept down 
 somewhat by there being no exemption of any male 
 inhabitant over twentv-one vears old who had six
 
 Failure in Government. 301 
 
 months previously finished his servitude. More than 
 this, every such male inhabitant whose estate was less 
 than seventy-two pounds contributed six shillings, the 
 same as if his estate amounted to seventy-two pounds, 
 the tax being changed at that sum to a rate per pound. 
 He who had not seventy-two pounds thus paid more in 
 proportion than he who had. Fletcher's law of 1693 
 imposing Id. per I. had been different, allowing the tax- 
 payers worth less than one hundred pounds to get off 
 by paying six shillings. The only estates exempted by 
 the Act of 1696 were the Proprietary's and his Deputy- 
 Governor's. The poorer inhabitants lifted no voice 
 against the Frame and the tax law, passed by repre- 
 sentatives chosen by more general suffrage than was to 
 choose their successors. When, in after times, in fact 
 down to the American Revolution, those appointed by 
 a small electorate passed tax laws largely copying this 
 one, there was "taxation without representation" in 
 Pennsylvania. 
 
 It was not with the inequalities of taxation bearing 
 upon the poor, but with the changes in the constitution 
 that discontent showed itself. John Goodson had pro- 
 tested. The day for election of Councillors and As- 
 semblymen being the same as under the old Frame, 
 voters in Philadelphia County not aware of the altera- 
 tion in the government, appeared, and three fourths 
 of those present chose according to the old Frame, and 
 two days afterwards drew up a remonstrance to the 
 Governor, asking for their rights, but the three Coun- 
 cillors chosen were not admitted. According to the 
 minutes of the Council for May 10 and 12, 1697, the 
 Sheriffs returned that the following were chosen as 
 Councillors: Carpenter and Shippen from Philadel- 
 phia, Growdon and Phineas Pemberton from Bucks, 
 Simcock and Pusey from Chester, Alricks and Halliwell 
 from New Castle, Griffith Jones and John Curtis from 
 Kent, and Clark and John Hill from Sussex. Griffith
 
 302 Chronicles of Pennsylvania. 
 
 Jones (apparently the one elected Councillor from 
 Kent), Francis Rawle, Robert Turner, and Arthur 
 Cooke, four important men, who could scarcely be said 
 to represent a single faction, wrote to Penn on 2mo. 
 9, 1697, for redress of grievances, complaining of the 
 failure to observe the forms of the old Frame in mak- 
 ing the alterations, speaking of the promulgation of 
 bills to be passed as "a privilege we could hardly suffi- 
 ciently value," and declaring the change in number of 
 representatives and in the qualification of voters a de- 
 parture from fundamentals, and reporting as illegal 
 the collection of the tax before Penn's ratification of 
 the act. Jones refused to qualify as a Councillor, un- 
 less he could be admitted under the old Charter. 
 
 In reply to a representation from Fletcher that the 
 charge for Pennsylvania's quota for a year would be 
 2000£. and upwards, and that he needed fifty men for 
 the forces required at Albany, and his request for 
 twenty-five men or the proportionate sum, the As- 
 sembly, which on May 12, 1697, chose John Blunston 
 as Speaker, unanimously on the following day adopted 
 a report prepared by a joint committee from Council 
 and Assembly, that, as the former 3001. had not been 
 collected and paid to those who had lent the sum, the 
 Assembly could not raise any more money. 
 
 A letter from Secretary Blathwayt desiring an ar- 
 ticle of association to be signed, it was on May 24 
 signed by Markham and the members of Council and 
 Assembly free by their religious principles to do so. 
 The Quaker members presented a declaration of their 
 loyalty to the King. 
 
 Randolph, who had a great friend in Sir Robert 
 Southwell, one of the Commissioners of Customs, re- 
 iterated the complaints against the colonial, and par- 
 ticularly the Proprietary, governments. While the 
 King's advisers were very slow in moving towards the 
 suggested abolition of Proprietary authority, Ran-
 
 Failure in Government. 303 
 
 dolph, in spite of the Proprietaries' claim that their 
 Lieutenant-Governors should be Vice Admirals, 
 achieved the erection of Courts of Admiralty in each 
 colony, with the Judge, Register, and Marshall and an 
 Attorney-General, all appointed by the Crown; and, 
 upon Randolph's recommendation, Robert Quary was 
 made Judge for Penn's dominions and West Jersey. 
 Quary, formerly of South Carolina, but at this time re- 
 siding in, or occasionally visiting Philadelphia for pur- 
 poses of trade, — his title of Colonel being an honorary 
 one, connected with his public office in Carolina — is the 
 subject of much animadversion in the published Penn 
 and Logan Correspondence, but, against the idea of 
 Quary 's character to be obtained therefrom, it must be 
 remembered that he was the representative of the 
 King's rights, and had a duty in antagonism to Penn's 
 interests. , 
 
 The House of Lords having, on Feb. 10, 1696-7, ap- 
 pointed a Committee to consider the state of trade, 
 Penn appeared before it several times, maintained his 
 right to appoint a Governor over New Castle, as the 
 Duke of York had done, announced that the late act 
 relating to the plantation trade had been put in execu- 
 tion, made excuses for Markham, and suggested a 
 series of regulations for preventing illegal trade, and 
 that there be free trade between the colonies, without 
 such imposts as Maryland had laid on goods destined 
 for Pennsylvania. Presenting on March 4 some pro- 
 posals for the advancement of trade in America, Penn 
 was asked what objection he had to Randolph's sugges- 
 tion that Proprietary governments be abolished. Penn 
 replied that the soil would be worth nothing to him the 
 moment after he lost the government: he and his 
 family would be ruined; for he could not then sell an 
 acre of land. He proposed that Markham, whom he had 
 formally nominated, be approved as Deputy-Governor, 
 and give security; but the House of Lords, in address-
 
 304 Chronicles of Pennsylvania. 
 
 ing the King to have the Proprietary Governors re- 
 ceive the same instructions as Boyal Governors, and 
 to make the Proprietaries answerable for their Gover- 
 nors' misbehavior, asked that the Proprietaries them- 
 selves give bond for the observance of the instructions. 
 A letter from the King, dated April 22, 1697, to the 
 various Governors and Proprietaries, including Penn, 
 said that great abuses must result from the insolvency 
 of the sureties on the bonds for taking cargoes to 
 England, or the remissness of past and present Gov- 
 ernors, who should duly prosecute such bonds. The 
 letter to Penn warned him that a failure to enforce the 
 laws might lead to a forfeiture of his patent. Subse- 
 quently, Penn was notified to sign a bond to obey the 
 instructions. 
 
 Capt. Daniell, coming with Acting Commodore 
 Wager to New Castle and Philadelphia in the month fol- 
 lowing the affair at New Castle, and being entertained 
 by Markham, unpleasantly referred to the losing of the 
 men, although having promised Wager not to do so. 
 After three of Darnell's crew, on March 8, deserted 
 from his vessel in the Patuxent Eiver, going off at night 
 in the barge, Daniell, while offering to entertain Mark- 
 ham in return, if he would pay a visit, wrote to Mark- 
 ham that he (Daniell) supposed that these three men 
 had gone to Pennsylvania, knowing how ready Mark- 
 ham and all under him were to entertain and protect 
 deserters, "to the great prejudice of his Majesty's ser- 
 vice and trade, except to your quaking subjects, that 
 never did the King or Kingdom any service. ' ' Having 
 been informed that deserters from his (Daniell 's) ship 
 had appeared publicly daily, and offered themselves to 
 sea captains, Daniell added: "I wonder you should 
 rather endeavour to gratify the men aforesaid than 
 have a regard to his Majesty's service." Markham 
 spiritedly replied on March 30 that the letter was "so 
 rude and indecent that it seems rather penned in the
 
 Failure in Government. 305 
 
 cook room than in the great cabin;" he would secure 
 the men, if found, but why was no notice taken of the 
 fact that they must have passed through the whole 
 length of Maryland? Yet, on a surmise that they had 
 reached Pennsylvania, its inhabitants were vilified. 
 Markham called attention to Daniell's carelessness; 
 when Markham was in the navy, oars and sails were 
 not left in the boats at night, when there was likelihood 
 of any of the men running away. Daniell had penned 
 this sentence : ' ' It will be in vain for any ships to trade 
 here so long as they have encouragement to run to your 
 parts whence they are allowed to go trampuseing 
 where they please. ' ' Markham, in his reply, said : "I 
 know not what you mean by trampuseing unless you 
 aimed at French to show your breeding which you have 
 ill set forth in your mother tongue." Markham fin- 
 ished by expressing disinclination to be entertained 
 by Daniell. 
 
 Governor Nicholson of Maryland lent a willing ear 
 to what was reported against Pennsylvania, prejudiced 
 as a strong Churchman against Quakers, and doubtless 
 desirous of the achievement of the great reform sug- 
 gested by Randolph, and hoped for by a party in Penn- 
 sylvania, viz: the annexation of at least the Lower 
 Counties, if not of the Province also, to Nicholson's 
 jurisdiction. On March 27, 1697, in reply to the Com- 
 missioners for Trade, Nicholson wrote a long letter, 
 which as to Markham and Pennsylvania repeated much 
 that had been said by Randolph, and reported the 
 affair of Day and the loss of Daniell's men. 
 
 When Penn heard of this letter, almost simulta- 
 neously came stories of the wickedness in the colony. 
 The Quaker Justices, while getting severe against non- 
 Quakers, were showing leniency, almost levity, when 
 called upon to punish immorality in members of their 
 own Society. It looked as if the Society was becoming 
 a nobility or caste, those within which would stand 
 
 20
 
 306 Chronicles of Pennsylvania. 
 
 by one another. Penn wrote in 7th month (Septem- 
 ber), 1697, to the Council, to issue orders for suppress- 
 ing forbidden trade and piracy and vice and looseness, 
 until some severe laws could be passed, and to let no 
 license be granted to keep public houses except to those 
 who gave good security for the conducting of them, and 
 who were known to be "of sober conversation," and 
 that the County Courts have the approbation, if not the 
 licensing. The result was a proclamation of the 12th 
 of February rather vindicating the conduct of magis- 
 trates and people, but urging them to greater efforts, 
 and authorizing the Justices of each of the six counties 
 after the 1st of March to nominate for said county those 
 who alone would be licensed or permitted by the Gov- 
 ernor to keep taverns, inns, or drinking places, which 
 "condescension" of the Governor, limiting his right to 
 license, was embodied in a law of 1699, together with a 
 power in three of the Justices to disqualify from keep- 
 ing drinking places in future those who allowed dis- 
 orders. 
 
 The Governor of Maryland, Nicholson or whoever 
 should be such Governor at any time, was authorized 
 by the Admiralty on June 26, 1697, to appoint Judges, 
 Registers, Marshalls, and Advocates for Admiralty 
 Courts of Maryland, Pennsylvania, and West Jersey 
 on the death or disability of those in office. The Board 
 of Trade summoned Penn in the Fall of 1697. Fortu- 
 nately, the war with France was over : the question of 
 defence was no longer a complication. Reminding the 
 Lords that Markham had been, not Penn's, but the late 
 Queen's choice, to serve during the war, Penn wrote on 
 8ber 15, offering to turn out Markham, if he had be>- 
 haved badly, but, as he ought not to be judged ex parte, 
 asking that the Earl of Bellomont be ordered to inquire. 
 Richard Coote, Earl of Bellomont in the peerage of 
 Ireland, had been commissioned on June 18, 1697, as 
 Governor of New York, Massachusetts Bay, and New
 
 Failure in Government. 307 
 
 Hampshire. Penn was able to bring to Markham's de- 
 fence the agents upon whose presence in England 
 Nicholson and his party were relying. Francis Jones, 
 before mentioned, was the bearer of a later letter from 
 Nicholson, but, although examined by the Commis- 
 sioners for Trade, Jones regretted that his application 
 to Nicholson against Day had eventuated in Nicholson's 
 representation against Pennsylvania, and so Jones 
 wrote a letter, dated 9ber 13, addressed to Penn, and 
 read before the Commissioners, correcting some of 
 Nicholson's statements, and saying that Markham, not- 
 withstanding Jones's anger against him, was the best 
 fitted man to administer the colony, having during the 
 five years of Jones's residence or visiting there, gov- 
 erned to the satisfaction of the substantial inhabitants 
 and traders, until some turbulent and discontented 
 people from other colonies, particularly one Snead 
 from Jamaica, had arrived, and started a correspon- 
 dence with Maryland. Nicholson, on subsequently 
 sending over a witness to England, hoped that he would 
 be examined before Penn could "get at him." Quary, 
 moreover, in a letter avowed having advised Mark- 
 ham to commission Day. Snead attributed the letter to 
 Penn's assistance in Quary 's securing most of Charles 
 Sanders's business. Quary explained to Snead that 
 Penn had now the King's friendship, the King writing 
 to Penn "particularly" (personally?) from Flanders, 
 and satisfying him of the King's proceedings there, as 
 if Penn were of the Privy Council. There was also a 
 report that Penn had by letter advised Fletcher to 
 linger in America, Penn having, it was said, no doubt 
 about being able to get the Governorship of Maryland 
 for Fletcher. 
 
 In the closing years of that Century and the opening 
 years of the next, there flourished the pirates most 
 celebrated in tradition, and from works of fiction based 
 upon their career. Some indeed were mutineers who
 
 308 Chronicles of Pennsylvania. 
 
 had left port on an honest voyage, a few may have 
 gathered or joined the ship's company upon a plain 
 agreement to undertake piracy, which is denned as 
 robbery at sea, and others, after starting on a legal 
 errand, had yielded to the temptation presented by an 
 opportunity to enrich themselves. Hardly ever was a 
 naval officer of rank guilty of such capital offence ; but 
 mariners from the merchant service, intrusted with 
 armed vessels as privateers, often made criminal use 
 of their power. It was a legitimate war measure to 
 offer the property at sea of the hostile people as booty 
 to any dare-devil who would go after it. An unprin- 
 cipled prize-seeker would not respect a neutral ; a des- 
 perate character would attack the vessels of his own 
 nation: and all this was true often of those who had 
 previously kept within the limits of law. The valuable 
 products of the Indies which led Europeans to establish 
 settlements for trade in those regions, tempted British 
 sailors to the Indian Ocean, to waylay the cargoes being 
 carried from one point to another of those coasts. If 
 justice might ferret out those who attacked their own 
 countrymen, still an Asiatic merchantman might be 
 plundered with comparative impunity. If, indeed, the 
 operations were mostly in distant waters, because more 
 was found there to steal, yet the rovers came to the 
 sparsely settled coasts of America to dispose of their 
 spoil, or to escape punishment, and preyed upon what 
 they found in their path. After the capture of one or 
 two good prizes and distribution of the spoil, the crews 
 were reduced or gradually disbanded, and various de- 
 tachments, as opportunity presented itself, made their 
 way to the home ports, or to the colonies, many of the 
 individuals with the intention of finding some honest 
 calling, or at least living peaceably upon their gains. 
 
 Villagers or farmers unused to fighting among whom 
 any men of physical strength and some ready money 
 came amicably, were not anxious to question any
 
 Failure in Government. 309 
 
 plausible account such men gave of themselves: even 
 officials in England, with all their power, corruptly or 
 in hopes of finding such experienced seamen useful, 
 left those thought guilty undisturbed. Randolph, in 
 1696, furnished a list of fifteen pirates from the Red 
 Sea who came to Philadelphia from South Carolina in 
 1692, and he also said that some pirates in the city, 
 when in their cups, had boasted of capturing an eastern 
 princess on the way to marry some great man, and of 
 throwing her overboard after violating her. The origi- 
 nal fifteen had come during Lloyd's rule. It was hy- 
 pocritical in Randolph to speak of them; for he had 
 offered to pardon all such pirates, if they would make 
 up a sum of money to cover the expense of securing 
 afresh the authority to pardon which he had under 
 King James ; of course a sum large enough to leave a 
 fee for Randolph. Doing without this pardon, these 
 early pirates had lived unmolested, some marrying and 
 owning houses. Markham, whether under Fletcher or 
 Penn, welcomed other settlers of this kind, as contrib- 
 uting by their money to the prosperity of the colony. 
 Colonial Governors, either for the presents they re- 
 ceived, or because they were at the mercy of any large 
 crew, or to secure some one to chase away the privateers 
 or war vessels of France, and sometimes for all three 
 reasons, made friends with mariners of whose previous 
 career they were suspicious, and granted them pardon, 
 assistance, and letters of marque. It was charged that 
 Fletcher made large sums by this course both in New 
 York and Pennsylvania. Markham acknowledged that 
 some small presents had been at the same time made 
 to himself, and that one captain of a privateer left him 
 a legacy. Ex-pirates, ostensibly retired privateersmen, 
 became quickly of such consequence in the various 
 colonies, affiliating in business or social friendship or 
 by intermarriage with the local officeholders, that they 
 seemed intrenched: and, moreover, the leading mer-
 
 310 Chronicles of Pennsylvania. 
 
 chants found that the most profitable ventures by sea 
 were by the employment of captains who would bring 
 goods without explanation; nor were men of saintly 
 record particularly looked for in the supposedly justi- 
 fiable enterprise of trading with red-handed sea rob- 
 bers, or even in the desperado's game of robbing them 
 in turn. The magistracy of the various colonies was 
 practically given to the merchants: for scarcely was 
 there an inhabitant financially independent of traders 
 and trade. Penn, to be sure, was situated aloof, but his 
 colony had so little of his presence. 
 
 The island of Madagascar, already visited by legiti- 
 mate traders, had many spots where disorderly crews 
 could hide. Some pirates settled there, building forts, 
 even conquering the natives, among whom they mar- 
 ried, and over whom they tyrannized. It is supposed 
 that the first settlers were the followers of Captain 
 Thomas Tew, who, after being commissioned by Gov- 
 ernor Fletcher for privateering against the French, 
 started as a pirate for the Red Sea. Whether with the 
 ex-rovers settled in Madagascar, or with those pirates 
 bringing towards it their plunder, there grew up a sur- 
 reptitious trade from the American colonies, managed 
 in the following way, when trade with that island be- 
 came suspected or prohibited: a lawful cargo was 
 carried from the colonies to Madeira; there wine and 
 brandy were taken aboard; and thence the vessel pro- 
 ceeded to Madagascar, where barter was made for the 
 goods which the pirates had found; and these were 
 brought back, and commanded high prices. 
 
 A book written some years after the death of John, 
 or Henry, Every, or Avery, purporting to give his 
 career, calls him "King of Madagascar," but he was 
 not a "pirate King" in that sense. Every had been 
 mate of a vessel fitted out at Bristol in 1694 in the ser- 
 vice of the Spaniards. On May 30 of that year, when 
 off the mouth of the Garonne, he secured command of
 
 Failuke in Government. 311 
 
 the ship, and set sail for the Indian Ocean, allowing on 
 the next day the captain and a few faithful ones to go 
 off in the long boat. At Madagascar, Every made a 
 combined fleet with men who had run away with two 
 sloops from the West Indies. A ship belonging to the 
 Great Mogul was captured ; a proceeding which nearly 
 caused the extirpation of the East India Company's 
 settlements, for the Great Mogul, not discriminating 
 between one Englishman and another, threatened so to 
 revenge himself. Every got the treasure into his own 
 vessel, which then sailed away from the sloops which 
 had aided him. He reached the Bahamas in April, 
 1696, and, calling himself Henry Bridgeman, and the 
 ship the "Fancy," secured permission to land at New 
 Providence with his 200 men, on their giving security. 
 In the company was James Brown, who, in an examina- 
 tion later, said that Every, an old acquaintance, and not 
 known by Brown to be a pirate, had let him come as a 
 passenger. Brown had sailed from Boston, Massa- 
 chusetts, to trade with Madagascar. The company of 
 the ' ' Fancy ' ' scattering, and some coming to the North 
 American colonies, Brown got back to Boston eleven 
 months after leaving that town. The innocency of his 
 voyage outward being suspected, he answered some 
 queries before certain officials, and was let go. He was 
 in Philadelphia and already married to the Lieutenant- 
 Governor's daughter by April 26, 1698, the date of a 
 letter from Bandolph to the Commissioners for Trade. 
 Very likely a part of Every 's crew is referred to in a 
 story that in the Spring of 1696 thirty pirates, having 
 made 8000Z. each by robbing vessels in the Bed Sea, 
 arrived at New York in a ship from Madagascar, and 
 proceeded unmolested to Pennsylvania. Every him- 
 self going to Ireland, he and six of his men were in- 
 dicted for piracy: he escaped, but the six were hung. 
 
 The Lords Justices of England having issued a 
 proclamation for the arrest of Every 's companions, and
 
 312 Chronicles of Pennsylvania. 
 
 Snead, who was a County Justice, having seen a copy 
 of it, he with some difficulty induced Markham to have 
 three arrested, viz: Robert Chinton, or Clinton, said 
 to have been Every 's chief lieutenant, Edmund Lassall, 
 and Peter Claussen. "Whatever may be said of Robert 
 Snead, who had been a carpenter in Jamaica, he was 
 valiant, a quality which apparently had caused him to 
 receive the rank of Captain and a seat on the local 
 bench. It took a brave man to meddle with ex-pirates, 
 and, as he desired authority to hunt out not only these 
 three but others, Markham actually deprived him of the 
 arms which he carried and seemed ready to use, so that 
 Snead rode at least once to his plantation out of town 
 defenceless. Snead 's story is that when he first urged 
 Markham to arrest Every 's men, Markham 's wife and 
 daughter slipped out, and told Chinton, and that vari- 
 ous pirates thereafter muttered "informer" as Snead 
 passed along the street. The Council expressed wil- 
 lingness to spend the money to send the three to 
 England for trial. Certain of Snead 's colleagues on 
 the bench of Philadelphia County authorized bail. 
 There was a difficulty about trying them, the crimes 
 having been committed on the high seas, where the 
 colonial courts had no jurisdiction, and it was thought 
 that the Governor could not grant a special commission 
 for a court to hear the case without encroaching upon 
 the prerogatives of the Admiralty. The accused ap- 
 pear not to have found bail, and were in prison when 
 on June 16, 1697, Markham received orders from 
 England to secure the persons of all pirates and sea 
 robbers and those reasonably suspected of being such. 
 He then ordered these three to be put in close confine- 
 ment, and their goods and effects to be seized. With 
 the help of friends, however, the three that very night 
 got out of what the Sheriff called the safest part of the 
 jail. Claussen was caught, but Chinton and Lassall 
 escaped, and, although pursued, said the Sheriff, "with
 
 Failure in Government. 313 
 
 horse and foot," reached New York, where they were 
 seized but let go. A woman's story of their being 
 among the bushes about a mile out High street on the 
 17th or 18th, received little attention, probably because 
 they were reported heavily armed. Four of the old 
 pirates who arrived in 1692, were ordered to be ar- 
 rested, but the Sheriff returned that they could not be 
 found. The Sheriff was John Claypoole, mentioned 
 in a former chapter. Much suspicion was cast by 
 Markham's enemies upon the zeal and sincerity of this 
 Sheriff, who, in February following, was stated by both 
 Churchman and Quaker Justices to be unable to serve 
 on account of lameness and misbehavior. In view of a 
 warrant of June 19, John Matthews, who had been on 
 Every 's ship, surrendered himself, claiming to have 
 been captured and impressed by Every, and was com- 
 mitted to prison, where he died in a few days. Within 
 a month, one of the four old pirates, Charles Gosse, 
 who was about to leave the province, was killed in a 
 quarrel with a Frenchman. At the funeral, two days 
 later, there was a small riot. Snead, going as a magis- 
 trate to quell it, was assaulted,— violently, it is said — 
 and, in defending himself, wounded a man. It being 
 supposed that Medlicott, said to have been surgeon's 
 mate to one of the four pirates in a trip to the Red 
 Sea, and at this time in command of a sloop in Dela- 
 ware River, was intending to carry away the various 
 pirates or privateersmen, Markham made him give 
 bond in 2000Z. not to do so : nevertheless it is supposed 
 that Chinton and Lassell, and doubtless others, sailed 
 away with him. 
 
 By a statute of 27 & 28 Hen. VIII, piracy was to be 
 tried by commissioners under the great seal of 
 England. Quary's commission as Admiralty Judge did 
 not authorize him to try for that offence. So without 
 trial, Claussen, who was a cooper by trade, and had 
 been on a Hamburg vessel captured by Every off the
 
 314 Chronicles of Pennsylvania. 
 
 Isle of France, and forced, it was said, to go with 
 Every, remained in prison for several years: and so 
 did David Evans, arrested about May, 1698, who 
 claimed to have been acquitted of being an associate 
 of Every, because of also being forced to join, and who 
 was committed in default of bail to remain in the 
 province until he produced the record of acquittal. 
 
 In 1698, the Councillors were reelected except Pem- 
 berton, Pusey, Alricks, and Jones, who respectively 
 were replaced by Biles, Lloyd, Donnaldson, and Wil- 
 liam Eodeney (now Rodney). Pemberton was chosen 
 Speaker of the Assembly. Among the acts then passed 
 was one for preventing frauds and regulating abuses in 
 trade. It added to the penalties and forfeitures pre- 
 scribed by Act of Parliament fines by the Governor and 
 Council not exceeding the value of the goods, and fur- 
 thermore prohibited, except by permit from the Customs 
 officers, the lading or unlading of tobacco by vessels from 
 foreign or other parts, and the carrying of tobacco to 
 other provinces, or the transport of it to outgoing 
 vessels, or for being shipped to another part of the 
 Province or Territories. Markham, so impecunious 
 that he had wished to be also Collector of the Port of 
 Philadelphia, must have been pleased with a duty pay- 
 able to the Governor for the time being of M. per ton 
 on incoming vessels of which a majority of the owners 
 were not inhabitants, and of 4d. on those of which a 
 majority were inhabitants ; and it was directed that the 
 fines or forfeitures not otherwise disposed of were to 
 go I to the King's use, £ to the Governor, and | to the 
 person suing therefor. There was a provision to ob- 
 viate the inability of "most part of the merchants, 
 traders, & owners of ships or vessells within this gov- 
 ernment being of ye people called Quakers" to register 
 their vessels under the before mentioned Act of 7 & 8 
 Wm. Ill, c. 22, that Act requiring an oath. The Frame 
 of Government of 1696 contained a proviso that no per-
 
 Failure in Government. 315 
 
 son should be excused from swearing who was required 
 to take an oath by the Acts of Parliament relating to 
 trade and navigation. The Councillors and Assembly- 
 men stated in their Vindication, dated 3mo. 30, 1698, 
 that Quakers were allowed to register by affirmation 
 in England; while John Bewley, the Collector of Phila- 
 delphia, was inclined to act accordingly, Randolph had, 
 on April 21, threatened him with dismissal in case he did 
 not require an oath by laying hand on the Bible and 
 kissing the Bible. So the Assembly now provided that 
 those who could not conscientiously take an oath, might 
 make an affirmation whenever an oath was required by 
 the Act of 7 & 8 Wm. III. It was also enacted that, in 
 any court held in the Province or Territories upon bill, 
 complaint, or information for breach of the Acts of 
 Trade or Navigation, the trial should be according to 
 the common law and by jury, a procedure entirely 
 foreign to Quary's commission as Admiralty Judge. 
 Such features of the act were complained of by the 
 King's officials, and the Commissioners of Customs 
 raised a question whether Markham should not be re- 
 moved from office for consenting. Penn, to ward this 
 off, announced that he had negatived the act. His 
 power to veto an act passed by his deputy with consent 
 of the freemen was denied a few years later, but he at 
 least could agree to having the King disallow an act, 
 and this act was formally disallowed in 1699. Penn 
 also called the attention of the Commissioners for 
 Trade to the mention of juries in the Act of Parlia- 
 ment, and expressed the hope that the unskilfulness of 
 the Assemblymen in law would cause them to be ex- 
 cused, as mistaken instead of disobedient. 
 
 While the local act was in force, a court held by the 
 colony's Judges undertook to exercise Admiralty 
 powers, and condemned a vessel. This was one of a 
 series of proceedings calculated to supplant the Ad- 
 miralty judicature appointed by the chief officers of the
 
 316 Chronicles of Pennsylvania. 
 
 realm. Desirable as it might be to reform the adminis- 
 tration of justice by introducing trial by jury in every 
 branch, no king, no national authority, could tolerate 
 the dwellers in a little corner of an empire interfering 
 with what the national authority sanctioned. 
 
 Before, moreover, the Quakers on the local bench had 
 thus excited the displeasure of the rulers of England, 
 Markham's friends and he himself had threatened or 
 put under duress the Surveyor-General of the Customs 
 in a way to prevent perhaps through fear his perform- 
 ance of duty. Because Randolph, in a representation 
 to the Commissioners for Trade in March, 1696-7, had 
 spoken individiously of Patrick Robinson, the Secretary 
 of the Province, as a Scotchman &ct., Robinson, on July 
 28, 1698, appeared at Charles Read's house, where 
 Randolph was lodging, and, laying hands on Randolph, 
 and pursuing him to his bed room, forced him to give a 
 letter explaining or weakening what he had said. On 
 the next day, Randolph wrote to Markham that certain 
 navigation bonds would be produced when Markham 
 appointed an Attorney-General to prosecute them, and 
 would be put into Markham's hands upon the King's 
 approbation of the appointment of Markham as Gov- 
 ernor. Markham, irritated by this impugning of his 
 title, sent a constable, who, with his staff in hand, kept 
 Randolph in the house as a prisoner, until after Quary 
 had had a pretty warm interview with Markham, but 
 Randolph had given up to him the bonds. 
 
 Markham had retained in his or ostensibly the 
 Sheriff's custody the goods of the pirates who had es- 
 caped, although Quary claimed the custody for the Ad- 
 miralty. Markham, under the Proprietary's right to 
 wreckage, took into possession certain goods from a 
 French vessel which had been captured but lost at sea ; 
 after the Admiralty Court decided that they were law- 
 ful prize, Markham refused to hand over what he 
 actually had, or let the Sheriff hand over what the lat-
 
 Failure in Government. 317 
 
 ter had, to John Moore, deputed to receive prize goods 
 by the Commissioners for Prizes, Markham insisting 
 upon waiting for an order from the Proprietary. 
 
 The climax in the interference with Admiralty pro- 
 cedure was reached in August and September, 1698. 
 John Adams of Boston shipped a cargo at New York 
 for Philadelphia on board of the "Jacob," of which the 
 master was Francis Basset. Basset, although the sur- 
 name is English, was only a naturalized subject, Quary 
 calling him a Frenchman. When the ' ' Jacob ' ' arrived 
 at New Castle, the goods were seized, for want of a cer- 
 tificate, and placeol in the custody of Robert Webb, de- 
 puted to receive them by the Admiralty Court. Adams 
 was one of those merchants, probably like nearly all the 
 others at a new place, who peddled their goods, or sold 
 them at the water's edge, and then departed. With no 
 dwelling-house or store, time was everything to him; 
 paying board in Philadelphia destroyed his profits. So 
 he sought the Governor to have the goods delivered on 
 security at an appraisement, and was referred by him 
 to the Collector. Exhibiting a certificate, which had 
 subsequently come from New York, that a certain 
 notary had seen letters of denization to Basset, Adams 
 was told by Judge Quary that it was insufficient to 
 qualify the captain. Offering to give security to 
 answer at court, but being put off with various diffi- 
 culties about getting the goods on such terms, mean- 
 while obliged to pay storage, and incurring other ex- 
 penses, and fearing that the goods might rot before an 
 Admiralty Court to try the case were constituted, as the 
 Marshall and Advocate had not yet received their com- 
 missions, Adams petitioned the Lieutenant-Governor 
 to grant him a replevin. Markham thought that he had 
 no right to meddle in a matter before the Admiralty, 
 but the next day, while Col. Quary was out of town on 
 his way to Maryland, Adams went to Anthony Morris, 
 one of the Justices of the County Court, and secured a
 
 318 Chronicles of Pennsylvania. 
 
 writ of replevin. John Claypoole, apparently restored 
 to health, was still Sheriff. He saw a writ to deliver 
 to Adams, upon his giving security to abide the action 
 of the County Court, goods in the hands of Robert 
 Webb, gentleman, without any hint of the matter being 
 connected with the Admiralty. So the Sheriff took se- 
 curity, and when Webb, who had not the use of his 
 limbs, had gone to the King's store by the water side, 
 and unlocked it, the Under Sheriff and his bailiff seized 
 and disarmed Webb, exhibited the replevin, and carried 
 away the goods, which were then delivered to Adams. 
 Webb making complaint, Markham issued a warrant 
 to the Sheriff to take back the goods, and keep them in 
 his custody until further order or trial in such court 
 as the informer should see fit. The Sheriff's deputy 
 was delayed in getting the goods, and Webb started 
 after Col. Quary, whom he found at New Castle, and 
 there drew up a narrative of the affair, which Quary 
 enclosed in a letter to England, commenting fully upon 
 it, and with reflections upon Markham. 
 
 We can readily understand how the sentiments of 
 the officials in London rose to something like indigna- 
 tion, as they heard that a colonial Justice of the Peace 
 had sent away the property seized by a Court of high 
 prerogative, and was calling the question before him- 
 self — whom Penn styled a "macaronic judge"— and 
 two or three others about as skilled in law. Had it been 
 known to the "big wigs" that this local Justice was 
 by profession a tailor, the thing would have seemed to 
 them particularly preposterous. We, however, who 
 know that Quary, the sole Judge in Admiralty, was 
 also a layman, a merchant by occupation, do not think 
 him fitter to decide than those who composed the 
 County Court : but the precedent would be bad in the 
 near future, when the Crown could employ a learned 
 jurist in Quary 's place. 
 
 Yet worse was to come : to injury to Admiralty juris-
 
 Failure in Government. 319 
 
 diction was to be added insult to the King, carrying to 
 an unnecessary extreme the Quaker disregard of 
 worldly pomp and rank. When the County Court, con- 
 sisting of Morris, Shippen, Richardson, and James 
 Fox, heard the case of replevin by Adams against 
 Webb, the latter produced in his defence the royal let- 
 ters patent under the seal of the High Court of Ad- 
 miralty and the Judge's warrant for the seizure. The 
 patent having a picture of the King at its head and the 
 seal pendent in a tin case, David Lloyd, who had ad- 
 vised the granting of the replevin, and was appearing 
 as counsel for Adams, took the document in his hand, 
 and, exposing it contemptously before those in the court, 
 exclaimed: "What is this? Do you think to scare us 
 with a great box and a little baby? Tis true, fine pic- 
 tures please children ; but we are not to be frightened 
 at such a rate." This is the way Quary quotes the 
 words: Webb swore to exclamations of similar pur- 
 port. To be sure, the context may have qualified or 
 counteracted them. The rest of the speech is not given, 
 but it reflected strongly upon Admiralty procedure. 
 Ridicule of the King's picture in public, and acqui- 
 escence in it by those holding court, — the Judges ap- 
 pear to have failed to stop or rebuke Lloyd, — were not 
 mere matters of bad taste. The governments of this 
 world, even modern republics in relation to the flag, en- 
 force the principle that the honor or dishonor shown to 
 the image or emblem is honor or dishonor to what it rep- 
 resents. There was no strength as far as the Quakers 
 were concerned in the inference of the Crown officials, 
 that those who insulted the King's picture would treat 
 despitefully his person, except that the Quakers would 
 not raise their hats, or make a bow to him: but by people 
 who fought, such dishonorings were incidents of a revo- 
 lution. 
 
 The Judges who heard Lloyd's speech, seeing the 
 importance of the case, ordered a continuance until the
 
 320 Chronicles of Pennsylvania. 
 
 next term. We learn from Quary's letter of Oct. 20 
 that when Markham spoke to the Provincial Council 
 in regard to the matter, — this was in September, — 
 Halliwell and Donnaldson proposed that the Judges be 
 superseded, but that Lloyd closed the debate by declar- 
 ing that all who encouraged or promoted the setting up 
 of Admiralty courts were greater enemies to the rights 
 and liberties of the people than those who promoted 
 ship money in the time of Charles I. The Council de- 
 clared that the Governor was not responsible for the 
 act of Justice Morris. On 7mo. 27, Shippen being away 
 on a visit to New England, Morris, Richardson, and 
 Fox wrote to the Lieutenant-Governor and Council that 
 they considered a replevin as a right of the King's sub- 
 ject, whenever any goods or cattle were taken or dis- 
 trained. Moreover, the Judges suggested that it was 
 as proper for the Sheriff to take security for the pro- 
 duction of the goods as for them to remain in the hands 
 of "Webb, whom the Judges did not know to be a proper 
 officer to keep them, and who had given no bonds to the 
 Provincial government. Advice was taken how the 
 matter should be decided. 
 
 During this episode, a French pirate sent fifty men 
 ashore at Lewes, and plundered every house in the 
 town, and caused an alarm not confined to the Bay. 
 Markham, left by his Councillors to Penn's powers as 
 a Captain-General, and obtaining an expression that 
 any expense should be defrayed by a tax, had drums 
 beaten for volunteers. What numbers enrolled, we do 
 not know : but no vessel could be found to go to fight the 
 pirate, as Markham refused to promise any share of 
 booty. The pirate, after getting provisions by overhaul- 
 ing a ship bringing passengers from Holland, made off, 
 to avoid being caught by the war vessel at New York. 
 The captain of the war vessel, in view of orders to go 
 to England, refused to hunt for the pirate. 
 
 There could be no expectation that the English gov-
 
 Failure in Government. 321 
 
 eminent, after hearing of Lloyd's antics, would allow 
 him to retain any offce, and the operation of the ju- 
 dicial machinery of the empire seemed to require the 
 elimination of such an eccentric as Justice Morris ; but 
 it became in the minds of the officials in London im- 
 perative that, in the first place, Markham be removed, 
 although not an actor in the more intolerable proceed- 
 ings. His negligence, although excusable by reason of 
 physical disability and by lack of ways and means, his 
 complacency, and his want of influence over the legis- 
 lature and judiciary had shown him unfit to preside 
 over a colony. Penn had no man of capacity who 
 could be put in Markham 's place, Quakers being out of 
 the question, and difficulties arising from the matter of 
 salary, royal approbation, bonds, &ct. Feeling, more- 
 over, that he himself could manage the stiff-necked free- 
 men better than any possible envoy, Penn decided to go 
 without further procrastination to Pennsylvania, and 
 rule in person. This solution was accepted by the 
 English government. The patient and slowly moving 
 officials could hope that a new order of things would 
 be started at the end of the months that must be allowed 
 for him to pack up, and make the voyage. The events 
 in America during most of the year 1699 fall therefore 
 within the term of Markham 's administration. 
 
 In 1699, Pemberton went back into the Council in 
 place of Growdon, and Pusey in place of Simcock, and 
 Richard Willson became a member with Rodney for 
 Kent; but, the people of New Castle County having 
 failed at the regular election to make any choice, and re- 
 fused at a special election to do so, a law was passed, 
 Blunston being Speaker, ordering in such cases a fine 
 of 1001. to be imposed upon a county, to be collected 
 by distraint and sale from any four or more of the in- 
 habitants, and to become a county charge for their re- 
 imbursement, and also a fine of 50Z. upon a Sheriff for 
 neglecting his duty in regard to an election, and a fine 
 
 21
 
 322 Chronicles of Pennsylvania. 
 
 of 20s. per diem on any elected Councillor or Assembly- 
 man absenting himself ; and there was also a provision 
 that on neglect or refusal of the counties to elect, or the 
 absence of those chosen, such members of Council or 
 Assembly as met the Governor might act. A tax at the 
 same rate as that of 1696 was voted to pay, first, the 
 balance still due on former appropriations or any by 
 that Assembly to the Lieutenant-Governor, and, second, 
 the necessary charges of government, as the Gover- 
 nor and Council might appoint. 
 
 The English government had desired the various 
 colonies to pass an act relating to piracy upon the 
 model of that passed some years before in Jamaica. 
 Pennsylvania neglected the matter until this session, 
 and then passed an act providing that treasons, felon- 
 ies, piracies, robberies, murders, or confederacies at 
 sea or in harbor, creek, or bay where the Admiral had 
 jurisdiction should be tried as if committed on land, and 
 also authorizing the appointment of three persons by 
 the Governor and Council, to assist the Admiralty 
 Judge or such persons in his absence as the Governor 
 and Council should name, a quorum of which persons 
 to have the powers given to commissioners under the 
 great seal of England by statute of 28 Hen. VIII. This 
 Pennsylvania act made punishable as accessories or 
 confederates all persons entertaining, concealing, &ct. 
 pirates, and not endeavoring to have them appre- 
 hended, and also imposed a fine of 5Z. on any person 
 refusing to obey an order to assist an officer in seizing 
 a pirate, and a fine of 20Z. on any Justice, Sheriff, con- 
 stable, or other officer neglecting his duty. Owing to 
 differences in phraseology and otherwise from the 
 Jamaica act, the delay in the appointment of those to 
 hold court, and the risks to be run in punishing cap- 
 itally upon testimony or verdict given without oath, 
 Quary wrote that the law was impracticable and a 
 mere pretence. The latter word was unfair.
 
 Failure in Government. 323 
 
 After the act was passed, a brigantine at New Castle, 
 richly laden for England, was, the night before intended 
 departure, seized and carried off by fourteen of the 
 crew, putting ashore the remaining four, who would 
 not join them. Numerous inhabitants of New Castle 
 tried to make capital out of this in a petition to the 
 Lieutenant-Governor and Council, presented on August 
 9, asking for protection, and complaining that there was 
 neither fort, castle, or breastwork, nor militia, arms, or 
 ammunition. The five Councillors who heard this, all 
 Quakers, had the best of the argument, insincere as they 
 were: they pointed out that the forts of Virginia and 
 Maryland were not much more formidable than the 
 fort at New Castle had been ; if that was decayed, it was 
 the inhabitants' fault; it would be more dangerous to 
 build forts, if the people would not hold them, than to 
 have none ; as for a militia, the petitioners should have 
 proposed it to the Assembly, instead of neglecting their 
 duty to choose Assemblymen. 
 
 Captain Kidd is the English pirate whose name has 
 survived as a household word. His bloodthirstiness 
 has been exaggerated in popular song. The deliberate 
 slaughter of prisoners was not so common with the 
 English or French plunderers of ships. The murder 
 of which Kidd was convicted was of one of his crew in 
 an altercation, and may have been in fear of mutiny. 
 William Kidd had distinguished himself as captain of 
 a privateer against the French in the West Indies, be- 
 fore he was placed in command of a galley fitted out by 
 the Earl of Bellomont and others, to sail under two 
 royal commissions, one being to take the enemy's ves- 
 sels as prizes, and the other to arrest pirates, and 
 bring them for trial, and seize the goods in their posses- 
 sion. Those who fitted him out, were to share in the 
 profits of the booty. One of these partners of Kidd 
 was Somers, the Lord Keeper of the Great Seal of 
 England, whose joining in such an agreement was the
 
 324 Chronicles of Pennsylvania. 
 
 ground of one of the charges in the unsuccessful im- 
 peachment of him. Kidd sailed from Plymouth, 
 England, in May, 1696, and, coming to New York, and 
 offering no pay but a share in profits, increased his 
 crew, and thence, in September, went to attack pirates 
 at Madagascar. Finding none there or off Malabar, he 
 was pretty much necessitated to plunder, to provide 
 for his men. So great were their depredations, real 
 and reported, that in less than two years the English 
 government issued, on Dec. 8, 1698, a proclamation 
 offering pardon to all guilty of piracy in certain waters 
 who should surrender themselves before April 30, 1699, 
 except Eadd and Every. 
 
 Most of Kidd's men had retired from his service 
 after his chief captures. A large number, bringing 
 considerable possessions, took passage on a vessel 
 under Captain Shelley, sent out by New York mer- 
 chants to trade with Madagascar, in reality with the 
 pirates there. On May 29, Shelley, with his well laden 
 ship, arrived in Delaware Bay, and, having started a 
 few of these passengers to go where they pleased in a 
 sloop, carried to the western shore twenty others, and 
 to Cape May fourteen or sixteen. Quary managed to 
 have a number captured. Two, John Eldridge and 
 Simon Arnold, were taken on the Kiver with chests con- 
 taining coral, amber, and manufactured Eastern goods, 
 Arabian and Christian gold, and about 7800 Eix dol- 
 lars. These men, Quary put into the jail at Burlington, 
 New Jersey, as a more secure hold than that in Phila- 
 delphia. The Pennsylvania Council deemed illegal 
 and insulting his action in sending outside for confine- 
 ment those whom he or his deputy Snead had arrested 
 within Penn's jurisdiction. Upon Quary 's discovering 
 that Kobert Bradinham (called Brandingham in the 
 Minutes of Council), who had been Kidd's surgeon, and 
 William Stanton, also of Kidd's company, were in 
 Philadelphia, Markham gave Quary two constables.
 
 Failure in Government. 325 
 
 who arrested those two. Markham seized what could 
 be found of their money and goods, rejecting Quary's 
 claim to have the same taken into the Admiralty's 
 custody. Markham refused to press a vessel into ser- 
 vice, and to give Quary forty men to capture Shelley's 
 ship, anchored near Cape Henlopen. Governor Basse 
 of the Jerseys had a sloop manned, and with it secured 
 in the lower part of the Bay four of those who had 
 landed at Cape May. Three of the four surrendered 
 themselves. The four confessed, but all their goods 
 had been sent away. All of the six who thus came into 
 West Jersey custody were speedily admitted to bail by 
 Quaker Justices there. Arnold's name does not appear 
 in subsequent papers examined. 
 
 Kidd sailed back to North America, secreting most 
 of his treasure on its shores or on the way thither, hop- 
 ing that some quibble or bribe or the friendship of Lord 
 Bellomont would secure immunity from punishment. 
 Making for New York or New England, Kidd in a sloop 
 with about forty men and much booty, came within the 
 Capes of Delaware Bay in June, 1699, close upon the 
 heels of Shelley, the sloop being supposed to be one 
 which Basse had descried. Kidd remained more than 
 ten days. He sent his boats ashore every day, and was 
 supplied with what he needed by the old pirates and 
 other inhabitants at Whorekills, some going constantly 
 aboard Kidd's sloop, and dealing with him, bringing 
 ashore muslins and other East Indian goods. It is not 
 likely that he trusted such people sufficiently to bury 
 anything in the vicinity. Getting into communication 
 with Lord Bellomont, Kidd received from the latter a 
 promise of safety, if innocence should be shown, and 
 was thus induced to land at Boston, where Bellomont 
 was; but Bellomont, smarting under the imputation 
 that he had expected Kidd to turn pirate, and failing 
 to get information where the treasure had been left, 
 and fearing that Kidd would slip away, put Kidd in
 
 326 Chronicles of Pennsylvania. 
 
 jail, and then sent him with others accused of piracy to 
 England. 
 
 Bradinham and Stanton were not admitted to bail, 
 but remained in the custody of Sheriff Claypoole afore- 
 said, who on hot days allowed them to walk in the 
 streets with a keeper. This being criticized, the 
 Sheriff, on August 8, was told to keep them close pris- 
 oners. On December 22, Bradinham complained in 
 a petition that he was confined in a low room without 
 fire, and for want of money to support him, and asked 
 for a warmer room and a little of his own money in the 
 hands of Markham, who had just been superseded: 
 Markham was thereupon ordered to allow 12s. a week 
 for Bradinham 's subsistence; but Bradinham, as 
 will be seen, had money in concealment, in the hands of 
 his friends. Stanton escaped, probably after Penn ar- 
 rived. Outlawry was proclaimed, and probably it was 
 for this escape that Penn turned the Sheriff out of 
 office. Claussen disappears from notice, probably pro- 
 ducing the all-important record of his acquittal. 
 
 The narration of the secular affairs of the Province 
 and Territories will now be suspended, leaving the 
 pirates in their fear of a certain kind of suspension; 
 and the contemporary introduction or establishment 
 of certain non-Quaker religious bodies and something 
 of their subsequent history, will be set forth in a chap- 
 ter bearing the name of the denomination long the most 
 important.
 
 CHAPTER XL 
 
 The Church of England. 
 
 Clause in Penn's patent— The Non-Jurors— Bp. 
 Compton— Starting of Christ Church, Philadel- 
 phia — Union congregation of Baptists and others 
 at "Barbados store"— Separation therefrom of the 
 First Presbyterian Church of Philadelphia- 
 Ministers at Christ Church— Services elsewhere 
 —George Keith's career after taking orders— 
 Eev. John Talbot— Assistance from Swedish min- 
 isters—Church edifices— Further history of Bap- 
 tists—Further history of Presbyterians— Conse- 
 cration of Welton and Talbot as bishops— Their 
 subsequent course — Powers conferred on Bp. Gib- 
 son — Various country churches — Enlargement of 
 Christ Church— Eev. George Whitefield— Naza- 
 reth, Penna., and the Philadelphia building with 
 free school project— Hi story of Christ Church 
 continued— Calvinistic Methodists in England 
 and Wales organized— Whitefield's subsequent 
 visits to Pennsylvania. 
 
 Probably from the time that the English took pos- 
 session of the town of New Castle, in October, 1664, 
 stipulating that all the conquered should as formerly 
 enjoy the liberty of their conscience in Church disci- 
 pline, there was always some person on the western 
 shore of Delaware River or Bay who acknowledged 
 belonging to the Church of England ; and probably there 
 were very soon quite a number. Except when the con- 
 trary is known, the officers appointed by the Crown 
 may be assumed to have been Conformists at home, 
 and even if not zealous, yet ready to enroll themselves
 
 328 Chronicles of Pennsylvania. 
 
 at any mission which the English authorities would 
 inaugurate. The possessions in America were sup- 
 posed to be attached to the see of London, until the 
 Attorney-General and Solicitor-General of England 
 gave the opinion, in 1725 or 1726, that ecclesiastical 
 jurisdiction over America did not belong to any bishop 
 in England, but was solely in the Crown by virtue of 
 the King's supreme headship. Rev. John Yeo appears 
 to have been the first clergyman of the Church who as 
 such officiated in Pennsylvania or Delaware, he coming 
 from Maryland in December, 1677, with his letters of 
 ordination and his license from the Bishop of London, 
 and holding services for some months during the fol- 
 lowing year. For about eighteen years after this, if 
 there was, indeed, any Anglican presbyter in the re- 
 gion, — Yeo was in Maryland about 1683, — there ap- 
 pears to have been no public use of the Anglican liturgy 
 in Pennsylvania or Delaware, except possibly an iso- 
 lated ceremony. It is probable that such non-Quakers 
 as were desirous of attending divine worship, or had 
 occasion, for instance a wedding or a baptism, for a 
 clergyman, accepted the ministrations of Swedes, in- 
 stead of going or sending to another colony. The 
 Charter to Penn contained a requirement, however, 
 that any preacher or preachers approved of by the 
 Bishop of London should be allowed to reside in the 
 province whenever twenty inhabitants expressed a de- 
 sire to the Bishop that such be sent. This clause was 
 inserted at the request of Dr. Compton, Bishop of 
 London at that time. After the adoption of the Charter, 
 he was intrusted by his fellows of the Committee for 
 Trade and Plantations with the preparation of a bill 
 for establishing the Protestant Church in Pennsyl- 
 vania. Penn was opposed to anything like an estab- 
 lishment, and the measure came to naught. Penn says 
 in a letter of 1700 (Penna. Archives, 1st Series, Vol. I, 
 p. 141) : "The Bp. of London at the passing of my
 
 The Church of England. 329 
 
 pat*, did what he could to get savings for the church" — 
 perhaps the probate of wills &ct., which was possessed 
 by the bishops in England, and was at one time thought 
 of as an endowment for a mission in America, — "but," 
 he adds, "was opposed by the Earl of Radnor the 
 PresS ' ' As to the meaning of the clause in the Charter 
 in regard to the selection of the minister, the learned 
 canonist, Rt. Rev. Dr. Edmund Gibson, Bishop of Lon- 
 don from 1723 to 1748, wrote in 1738, that he did not 
 pretend to any more right than that of licensing the 
 person who was to be minister, intimating that he was 
 to be nominated by the inhabitants either as individ- 
 uals, or representing as vestrymen the individuals; 
 and we find in most cases when the Bishop of London 
 picked out the person to be licensed, that he had been 
 requested to do so, it being generally hard for the people 
 to find a minister, and when Bp. Gibson in 1742, after 
 failure to receive a unanimous recommendation from 
 the vestry of Christ Church, Philadelphia, of anybody 
 to be minister there, issued a license to Rev. Robert 
 Jenney, both the latter and the Bishop explained that 
 it was not an appointment but a recommendation or 
 approbation conditional upon the vestry accepting him. 
 From the Revolution of 1688 down to the close of 
 George I's reign, the embracing of opportunities for 
 services by Anglican clergymen was interfered with by 
 the peril of countenancing Non-Jurors, i.e. those who 
 had refused to swear allegiance to the new sovereigns. 
 Sancroft, Archbishop of Canterbury, and the other 
 bishops deprived of their sees for such contumacy in 
 William and Mary's time, had many followers in the 
 large body of persons then having ecclesiastical dig- 
 nity, benefice, or promotion, and, similarly, when oaths 
 were required for further alienation of the Crown from 
 James II 's son, a number in a later generation of 
 clergymen sacrificed their livings. Men required for 
 such reasons to leave home were now and then the only
 
 330 Chronicles of Pennsylvania. 
 
 Anglican priests ready for employment on the Dela- 
 ware. The " Jacobites," as those were called who be- 
 lieved James II or his son the lawful sovereign, omitted 
 the Christian name of the King from the prayers: so 
 did the whole Scottish Episcopal Church down to the 
 time when Seabury was consecrated Bishop of Con- 
 necticut; and, Seabury 's consecrators having recom- 
 mended such omission to him, the Protestant Episcopal 
 Church in the United States of America to-day, in pray- 
 ing for the President of the United States, does not 
 give his name. 
 
 No question, however, as to who was Bishop of Lon- 
 don troubled the Anglican Churchmen in the reign of 
 William or of Anne. The Rt. Rev. Dr. Henry Compton, 
 perhaps best remembered as the builder of St. Paul's 
 Cathedral, and perhaps of really great influence on the 
 course of history through his instruction and religious 
 guidance of the Princesses Mary and Anne, who both 
 ascended the throne, had, in 1675, been translated from 
 the see of Oxford to that of London, had been sus- 
 pended and soon restored by James II, had taken an 
 active part in the movement against James, even ap- 
 pearing at the head of a troop of horse, when war was 
 breaking out, and had crowned William and Mary in 
 Westminster Abbey. He continued Bishop of London 
 until his death in 1713. Although rather a military 
 prelate, son of an earl who had fallen in battle for 
 Charles I, and himself, in his youth, a pikeman to aid 
 the cause of Charles II, and, before studying divinity, 
 an ensign, he was devout, benevolent, and, except for 
 his violent Protestantism and sincere Orthodoxy, tol- 
 erant. He was faithful to his charge, whether over the 
 colonies or in England, and he regretted that he was 
 unable personally to visit America, and he favored the 
 proposal that America have a bishop residing there. 
 He was much interested in the Indians, endeavoring 
 to further their conversion to Christianity, as well as
 
 The Church of England. 331 
 
 being solicitous, as has been mentioned in the chapter 
 on the Acquisition and Distribution of the Land, that 
 the savage natives should receive payment for the soil 
 of Pennsylvania. He secured from Charles II the grant 
 of a present of £20 to each chaplain that was sent to 
 America by the Bishop. James II 's treasury paid to 
 those going during his reign, and, after discontinuance 
 of the practice in William and Mary's hard times, this 
 Bishop brought about a revival of it. Compton, how- 
 ever, was not desirous of the extension of his own 
 Church through the weakening of other evangelical 
 bodies holding the great principles of truth. He had a 
 grand scheme for the union or intercommunion of the 
 Protestants of Europe. He was particularly unlikely 
 to encourage proselyting the Swedes. 
 
 Contemporaneously with the yearly efforts to estab- 
 lish the Church of England in Maryland, Sir Thomas 
 Lawrence, Bart., Secretary of that Province, and 
 Francis Nicholson, its Governor, who arrived in August 
 1694, interested themselves in organizing the Church- 
 men in Pennsylvania. The latter Churchmen may have 
 sought the others' aid, or may have first been stirred 
 by them, or one of the Maryland clergy may have 
 broached the matter to those two officials and the 
 Churchmen of Philadelphia. In a letter to the Com- 
 mittee of the Privy Council for Trade dated Nov. 15, 
 
 1694, and another dated June 14, 1695, Nicholson asks 
 them to hear Sir Thomas Lawrence on the subject. 
 There is no doubt that between those dates, or, more 
 likely, before the earlier one, the movement had started 
 in Philadelphia to build Christ Church. Some slight 
 progress had been made, before the rumor discussed 
 in the Provincial Council of Pennsylvania on June 15, 
 
 1695, induced the Churchmen in the capital to sign a 
 petition to the King to be allowed the free exercise of 
 their religion and arms for defence. Eobert Suder in 
 a letter to Governor (Nicholson?), dated Nov.
 
 332 Chronicles of Pennsylvania. 
 
 20, 1698, printed in Bp. Perry's Historical Collections 
 relating to the American Colonial Church, Vol. II — 
 Pennsylvania, says that, as soon as the Quaker magis- 
 trates heard of the petition, they sent a constable after 
 Suder, and, on his appearing before them, questioned 
 him. When he stated what the petition was for, 
 Shippen, who was one of the Judges, said to the others : 
 "Now they have discovered themselves. They are 
 bringing the priest and the sword amongst us, but God 
 forbid: we will prevent them;" and he directed the 
 Attorney to read the law making it an offence to speak 
 or write against the government. Suder said that he 
 hoped they would not hinder the right of petition. 
 They arrested attorney Griffith Jones, on suspicion of 
 having written the paper, and bound him over from 
 session to session. A part of the unoccupied lot of 
 Quaker — or, rather, Keithian — Griffith Jones, the mer- 
 chant, was chosen as a site for a house of worship ; and 
 Joshua Carpenter, brother of Samuel Carpenter, as 
 trustee to take title. This Griffith Jones, by deed of 
 Nov. 15, 1695, conveyed the site — nearly all of the pres- 
 ent church edifice stands on it — to Carpenter on a 
 ground rent of 10Z. silver money of the Province, re- 
 deemable within 15 years for 150/. Meanwhile, on 
 October 30, Sir Thomas Lawrence appeared before the 
 Lords of the Committee for Trade, and consideration 
 was given to his memorial, which asked that Id. per I. 
 on side trade of tobacco in Penn's dominion be granted 
 with the arrears for maintaining two Protestant (mean- 
 ing Church of England) divines to be sent thither. The 
 matter being referred to the Commissioners of the 
 Treasury, they thought that the better method would 
 be to grant a salary out of the revenue, and this the 
 Lords of the Committee for Trade, on Nov. 25, agreed 
 to report to the King, but it was several years before 
 a stipend was allowed, and this was for one minister 
 only. Meanwhile and afterwards, through this reign
 
 The Church of England. 333 
 
 and Anne's, the revived present of £20 to each minister 
 sent to the colonies was given. 
 
 The "Case of the Keithian Meeting House," pre- 
 pared in 1730 (Penna. Archives, 1st Series, Vol. I, p. 
 285), says that the congregation of Christ Church had 
 the use of said meeting-house, and the sacraments 
 were administered therein according to the Established 
 Church "for some years" — which is an exaggeration, 
 unless Christ Church edifice was started before the lot 
 was bought, for the Case adds "until the church (before 
 begun) was finished." With the help of money con- 
 tributed by Governor Nicholson, as is acknowledged in 
 a letter to him of Jany. 18, 1696-7, Christ Church was 
 finished by that date. The signers of the letter prob- 
 ably included all the Churchmen of the City except 
 Markham. They were, as printed in Perry's Collec- 
 tions: (Yeates and Grant heading 2d and 3d columns) 
 Francis Jones Robt. Quary 
 
 Saml. Peres Sam. Holt 
 
 Darby Greene Edw. Bury 
 
 Enoch Hubord Thos. Stapleford. 
 
 Thos. Walter John White 
 
 Thos. Curtis John Gibbs 
 
 Edwd. Smout Willm. Grant 
 
 Joshua Carpenter Thos. Briscoll 
 
 Wm. Dyre John Herris 
 
 Addam Birch John Harrison 
 
 John Sibley Thomas Craven 
 
 Robert Gilham Anth'y Blany 
 
 Jasper Yeates Charles Sober 
 
 Jarvis Bywater Robt. Snead 
 
 Thomas Harris Jeremiah Price 
 
 George Fisher Jeremiah Hunt 
 
 Fardinando Dowarthy Geo. Thompson 
 John Willson John Moore. 
 
 Very few of these — perhaps only Yeates — had ever 
 been Quakers. Dyre was the grandson of the Quaker
 
 334 Chronicles of Pennsylvania. 
 
 martyr Mary Dyer, or Dyre, whose husband and chil- 
 dren appear not to have adopted her religion. Com- 
 parison of the list with certain lists of sympathizers 
 with Keith in the chapter on Religious Dissension, 
 shows how distinct from them were these original 
 Churchmen of Philadelphia, and that the accession of 
 Keithians to the congregation must have been later. 
 Apparently while the Keithian meeting-house was used, 
 a clergyman was secured, pending the licensing of one 
 by the Bishop of London. The name of this clergyman 
 is not known. The congregation soon dismissed him. 
 From him, Markham, who wrote in Ms favor to the 
 Bishop, learned that there were several persons in the 
 town in a cabal against Markham, because of his coun- 
 tenancing Quakers so much. This is mentioned by 
 Markham in a letter to Penn of March 1, 1696-7. 
 
 The moral condition of Penn's dual colony at this 
 period, as shown in the last chapter, called for a mis- 
 sionary ; and the only religion presented to the English- 
 speaking people of it was what most Christians looked 
 upon as queer, the largest religious denomination hav- 
 ing no ceremonies at all and a certain self-sufficiency, 
 rejecting doctrines, another denomination insisting 
 upon immersion, and refusing to baptize infants, and 
 some religionists keeping Saturday instead of Sunday, 
 and some practising feet-washing. Perry, in the afore- 
 said Collections, prints a letter sent about 1698 to 
 Markham, not from ' ' Gov., ' ' as Perry describes it, but 
 from "Rev." John Danforth, who was Congregational - 
 ist Pastor at Dorchester, Massachusetts, asking that 
 "beloved brother" Mr. Benjamin Woodbridge be re- 
 ceived on a religious mission, "not to handle such points 
 as are matters of controversies among Protestants." 
 The religion of New England outside of Rhode Island 
 was Calvinistic, and, in the sense that elder was the high- 
 est rank in the ministry, Presbyterian, but in the con- 
 gregational basis of Church polity, was very different
 
 The Church of England. 335 
 
 from Scotch Presbyterianism. We are apt to be misled 
 by the loose application of the name "Presbyterian" to 
 all non-prelatists except Baptists and Quakers. The few- 
 regular — as distinguished from Keithian — Baptists 
 in Philadelphia, with one or two others aloof from the 
 Church of England, had gathered at the Barbados store 
 at Second and Chestnut, where, from about April, 1695, 
 the Baptist minister from Pennypack, Rev. John Watts, 
 is said to have preached every other Sunday, but pre- 
 ceding him, or sometimes in his place, was probably the 
 head of the Baptists at Cohansey, New Jersey, Rev. 
 Thomas Killingworth, spoken of in the chapter on Re- 
 ligious Dissension. On the alternate Sundays, as the 
 Baptists soon afterwards stated, any "Presbyterian 
 minister" who happened to come, was allowed to 
 preach in the room at the Barbados store. We do not 
 know whether Woodbridge did so. He may have 
 brought Rev. Jedidiah Andrews to Philadelphia. In 
 the Spring or Summer of 1698, Andrews, who had been 
 licensed to preach by some authority in Massachusetts, 
 came to minister to those described as Presbyterians. 
 Their claim to that name has been well disputed by 
 Irving Spence in his Letters on the Early History of 
 the Presbyterian Churches on the Peninsula, addressed 
 to Rev. Robert M. Laird, printed in 1838, Spence de- 
 fining a Presbyterian as one who believed in the theory 
 of Church government adopted by the General As- 
 sembly of the Scottish Kirk on February 10, 1645. 
 The union congregation at the Barbados store became 
 divided, one part hearing its minister in the morning, 
 and the other hearing opposite views in the afternoon. 
 Thus was started what has received the name of the 
 First Presbyterian Church of Philadelphia. The letter 
 of the Baptists, dated 8, 30, 1698, after the others had 
 expressed themselves unwilling to join in worship with 
 them, is addressed to Mr. Jedidiah Andrews, John 
 Green, Joshua Story, Samuel Richards, "and the rest
 
 336 Chronicles of Pennsylvania. 
 
 of those of Presbyterian judgment belonging to the 
 meeting in Philadelphia." The answer, dated Nov. 3, 
 asking a conference, was signed by Andrews, Green, 
 and Richards, and also by David Gifting, Herbert Corry, 
 John Van Lear, and Daniel Green. We have thus prob- 
 ably the names of nearly all the male adults who pro- 
 nounced for that side. Van Lear was doubtless a Cal- 
 vinistic Dutchman. In due time, the Budd family be- 
 came Presbyterians, the chief representatives among 
 them of the Keithian seceders from the Society of 
 Friends. John Budd became an elder. 
 
 It would seem that the Anglican clergy of Maryland, 
 although they did not pay, nevertheless sent as mis- 
 sionaries, and superintended, the two or more clergy- 
 men who had charge of Christ Church before Portlock, 
 if, indeed, the one who first had charge was not a mere 
 wanderer or visitor, asked to officiate. Perhaps the 
 licenses to these men were for doing work as the Mary- 
 land clergy should arrange: it was before the arrival 
 of a Commissary for Maryland. Rev. John Arrow- 
 smith, who, as schoolmaster and chaplain on the way to 
 that province, had an order for the King's allowance on 
 Jany. 18, 1695-6, was in charge of Christ Church, Phil- 
 adelphia, and its school at the beginning of 1698, but 
 was only a deacon, writing to Governor Nicholson that 
 some of the congregation were desirous of receiving 
 the sacrament, if it could be administered at Easter, 
 and that Mr. Sewell (evidently Rev. Richard Sewell of 
 Maryland) had promised to come for that purpose. 
 
 It is supposed that Rev. Thomas Clayton was the 
 first minister appointed for Philadelphia by the Bishop 
 of London. Webster's History of the Presbyterian 
 Church in America is wrong in saying that Clayton 
 had been rector of Crofton, Yorkshire, confusing him 
 possibly with the Rev. John Clayton, Rector there from 
 1687 to 1697, who may have been a relative, and may 
 have employed Thomas Clayton as curate. Two
 
 The Church of England. 337 
 
 Thomas Claytons, both of Christ Church College, Cam- 
 bridge, were graduated from that University, one as 
 A.B. in 1684 and A.M. in 1690, the other as A.B. in 1690 
 and A.M. in 1694. The younger of these was probably 
 the one in whom we are interested, and who, being on 
 his way to Maryland — he either was not originally sent 
 to Pennsylvania, or was to serve there under the Mary- 
 land Commissary or clergy — had order for the King's 
 allowance on Jany. 11, 1697-8, and arrived in Philadel- 
 phia before the end of the Summer. He started a 
 movement for Church Unity, writing letters to the 
 Baptists, and to both the Keithians and the Quakers 
 who had disowned Keith, which Quakers Clayton calls 
 "Lloydians." In Bp. Perry's Collections, that name 
 is printed "Hoytians," but the original letters have 
 been examined for this present work. Clayton asked 
 for each of the three sects to come over in a body, but 
 he could hardly have expected those as aforesaid desig- 
 nated as followers of Thomas Lloyd to accept such an 
 invitation. Clayton had a long conference with some 
 of the Keithians the night before a great meeting, per- 
 haps their Yearly Meeting, and had hopes of something 
 like a general union, which, however, were frustrated 
 the next day. The reply of the Baptists is printed in 
 Edwards's History: but Clayton reports on 9ber 29, 
 1698, that there was a considerable party among them 
 working vigorously for union. After two letters from 
 the Lloydian Quakers, and when Clayton was engaged 
 on a further answer to them, he was, for some reason, 
 stopped from going further by what he calls an "in- 
 hibition from my brethren," apparently some of the 
 Anglican clergy of Maryland. To the Rev. Jedidiah 
 Andrews, the Presbyterian, who threatened to go home 
 during the coming Spring, and whose flock could in- 
 crease only by accessions from Clayton's, Clayton made 
 a promise to confine himself to his own people so long 
 as he saw himself in no danger of losing a congrega- 
 
 22
 
 338 Chronicles of Pennsylvania. 
 
 gation. Not however sufficiently deferential to Mrs. 
 Markham and her daughter, Clayton lost their atten- 
 dance, which Andrews gained. Clayton, however, with 
 the assistance of Arrowsmith, was quite successful in 
 building up a congregation. Isaac Norris writes from 
 Philadelphia, 7mo. 11. 1699: "Thomas Clayton, min- 
 ister of the Church of England, died at Sassafras in 
 Maryland, and here is another from London in his 
 room, happened to come very opportunely." 
 
 The new-comer was Rev. Edward Portlock, who ap- 
 pears to have been previously chaplain in the English 
 forces serving in Flanders, Penn speaking in an un- 
 dated letter to Sir Robert Harley of "the heat of a 
 few churchmen headed by a Flanders camp parson 
 under the protection of the Bishop of London, who, 
 having got a few together," made it their business to 
 inveigh against the Pennsylvania government, inveigh- 
 iug in the pulpit against Quaker principles and such of 
 the latter as concerned the State, as to oaths &ct. Port- 
 lock seems to have come to America to take a church at 
 Perth Amboy, but he called himself Minister of Christ 
 Church, Phila., in his receipt to Robert Bradinham, 
 dated March 9, 1699, in 12th year of Wm. III. Port- 
 lock on July 12, 1700, wrote that in four years the 
 Church of England had grown from a very small num- 
 ber to 500 sober and devout souls in and about the city. 
 Thomas Story in his Journal mentions the circulation, 
 which he says was by "the clergy" of the colony or the 
 neighbouring colonies, of the report of a miracle in 
 Holland, whereby a letter had been unearthed warning 
 to preparation for judgment, and telling parents to 
 baptize their children. The account of this, he says, 
 was read in the churches, and convinced some in favor 
 of water baptism. It is not remarkable that the tale, 
 whatever its source, was credited in an age when Fox, 
 Penn, and others spoke of their marvellous experiences, 
 Portlock left for Maryland before Dec. 31, 1700, but
 
 The Church of England. 339 
 
 appears to have visited Kent County afterwards. 
 Penn speaks of Portlock before this in the pulpit hypo- 
 critically inveighing against him for leniency to pirates, 
 when Portlock himself was intimate with Bradinham, 
 Kidd's surgeon, and actually took a large amount of 
 gold from Bradinham on deposit. It is sorrowful to 
 see that there was often more politics than theology in 
 the minds of adherents of the Church of England dur- 
 ing the period of this history. 
 
 This chapter will not speak of the Church as a 
 political party, but will deal with its organization, ex- 
 tension, and domestic concerns. Already the reader 
 has seen the clashing of the interests of Quary and 
 Moore, as Crown officials, with the interests of William 
 Penn, and later will find what feelings prominent men 
 of this ecclesiastical affiliation had towards various 
 measures of the civil government, and how, with the 
 exception of the Mennonites and certain Germans, all 
 the non-Quakers, of whom the Churchmen were in vari- 
 ous ways the most important, and long the most numer- 
 ous, opposed the binding of the public with the peace 
 principles of the Society of Friends. 
 
 Not imbued with the idea of heading an anti-Penn 
 party, however, was the Bishop 's appointee or licensee 
 to succeed Clayton, viz : Rev. Evan Evans, native, it 
 is said, of Wales. Order was issued to him for the 
 royal allowance on July 5, 1700, and he arrived in 
 Philadelphia before November 1 following, and de- 
 voted himself not only to the care of the Philadelphia 
 congregation, but also to visiting various points in the 
 country, as Chichester, Chester, and Radnor with the 
 district, northwest of Radnor, spoken of as Mont- 
 gomery, and one or more points in West Jersey, preach- 
 ing sometimes in private houses, and baptizing in 
 about three years and a half about five hundred per- 
 sons. Many of such as were adults had been brought 
 up as Quakers.
 
 340 Chronicles of Pennsylvania. 
 
 Christ Church, Philadelphia, had adopted before 
 Dec. 31, 1700, the plan, growing into use in England, 
 of choosing a ' ' select vestry, ' ' instead of all the atten- 
 dants or all the parishioners managing affairs at meet- 
 ings in the "vestry," or vesting-room. The number of 
 selected vestrymen, which in most churches has been 
 twelve, has been altered for Christ Church from time 
 to time. In 1717, with which the extant minutes begin, 
 there were twelve besides the two wardens : but at first, 
 although James Logan speaks in a letter as if the gov- 
 erning body amounted to twenty, which would corre- 
 spond with the number of petitioners specified for 
 toleration in the royal patent, it is doubtful if attention 
 was paid to that, in view of the religious freedom in 
 Penn's dominions, and it seems unlikely that the signers 
 of the following letters from the Vestry were a decided 
 minority. The first, dated Jany. 28, 1700-1, was signed 
 by Evans the Minister, and Robert Quary, Joshua 
 Carpenter, J. Moore, Charles Sober, Edwd. Smout, 
 and Samll. Holt: the second, dated Oct. 27, 1701, was 
 signed by Evans, the Minister, John Thomas, the clerk, 
 and by Holt and Sober, the wardens, and by Quary, 
 Carpenter, Moore, William Hall (who was a physi- 
 cian), Edward Smout, John Crapp, and Thomas Tench 
 (who was some time one of the Council in Maryland). 
 
 Following King William's letters under the privy 
 seal of Jany. 31, 1701, Queen Anne, under the privy 
 seal, issued a warrant, dated July 15 in 1st year of 
 her reign, to pay £50 stg. per an. to "such protestant 
 minister as shall be residing within the province of 
 Pennsylvania," and £30 stg. per an. "to such school- 
 master there," out of the duty of Id. per I. upon 
 tobacco exported thence to other British plantations in 
 America, from the time to which they had been paid 
 under King William's letters, or, in case no payment 
 had been made, then from the date of residence, and to 
 continue during her pleasure.
 
 The Church of England. 341 
 
 George Keith, mentioned in a previous chapter, was 
 admitted to deacon's orders by Bishop Compton on 
 May 12, 1700. In the following year, largely through 
 the efforts of Rev. Thomas Bray, D.D., who had spent 
 a short time in Maryland as the Bishop's Commissary, 
 the Society for the Propagation of the Gospel in 
 Foreign Parts was incorporated by patent dated June 
 16. Keith was the first missionary appointed by the 
 Society, and, in the Spring of 1702, was sent to America 
 as an itinerant to investigate the opportunities, and to 
 awaken a sentiment for religious ministrations by the 
 Church of England. Thomas Story's Journal, before 
 quoted, says that the Bishop of London was unwilling 
 to ordain as priest any one who had fluctuated in 
 opinion like Keith, and so the latter came over unable to 
 administer the communion. Contradicting this are the 
 words of that Bishop's recommendation of Keith to 
 Gov. Nicholson of Virginia, dated Apr. 3, 1702: "He 
 is in the full Orders of our Church, so that you may 
 permit him to preach when & where you please within 
 your Government" (Virginia Mag. Hist. & Biog., Vol. 
 XXIII, p. 145). With Keith was Rev. Patrick Gordon, 
 appointed as missionary to Jamaica on Long Island, 
 but who died a few days after his arrival there. Rev. 
 John Talbot, formerly Rector of Fretherne, Gloucester- 
 shire, but at this time Chaplain of the man-of-war 
 "Centurion," in which Keith sailed, joined him in his 
 travels, which extended from Piscataway River in New 
 England to Currituck, North Carolina. They arrived 
 in Philadelphia on Nov. 5, 1702, and preached in Christ 
 Church on the Sunday following, and several times 
 afterwards, at intervals between visits to other places, 
 joining Rev. Evan Evans in having prayers and ser- 
 mons every day during the Friends Yearly Meeting 
 held in Philadelphia in September, 1703. The work of 
 the two itinerants was very active and very successful. 
 They brought many throughout the middle provinces
 
 342 Chronicles of Pennsylvania. 
 
 into the fold of the Church. They saw in Penn's do- 
 minions, partly as the result of Evans's labors, the 
 establishment of congregations at Chester, Frankford 
 (the church since called Oxford) in Philadelphia 
 County, New Castle, and Appoquinimy. Talbot 
 preached on Jany. 24, 1702-3, the first sermon in the 
 newly finished St. Paul's Church at Chester. Rev. 
 Henry Nicolls, a Fellow of Jesus College, Oxford, sent 
 to Chester by the aforesaid Society, arrived there on 
 Mch. 1, 1703-4, and, on April 18, a vestry consisting of 
 him and eleven laymen was elected. Keith preached, 
 on Aug. 22, the first sermon in the newly finished St. 
 Mary's at Burlington. Keith's last sermon in Phila- 
 delphia was on Sunday, April 2, 1704, after which he 
 went to Virginia to take passage for England. If, in- 
 deed, he had not been previously ordained priest, he 
 must have been in the course of a year following, for, 
 in 1705, he received the small living of Edburton, 
 Sussex, which he held until his death in 1716. For a 
 while, at least, his wife had remained a Friend ; but his 
 daughters turned with him. He appears to have left 
 no son. From a daughter who married in Virginia was 
 descended George Wythe, a Signer of the Declaration 
 of Independence. Talbot about 1705 settled down to 
 the charge of St. Mary's, Burlington. 
 
 On Aug. 14, 1706, Evans gave Gov. John Seymour 
 of Maryland a receipt for the old great seal of that 
 Province, promising to deliver the seal, on safe arrival 
 in England, to Col. Nathaniel Blackiston, Agent of the 
 Province, to carry to the Lords for Trade. David 
 Humphreys's History of the Society for the Propaga- 
 tion of the Gospel in Foreign Parts, printed in London 
 in 1730, speaks of Evans's coming to London upon 
 private concerns in 1707. Quary had represented him 
 as too friendly to his namesake John Evans, Penn's 
 Deputy, and to Penn, and to the Quakers. Rev. Mr. 
 Evans was well received, and came back about the be-
 
 The Church of England. 343 
 
 ginning of 1709, having received the royal order of 
 £20 on Aug. 9, 1708, and bringing silver communion 
 pieces for Christ Church from Queen Anne. In 1711, 
 the church building was considerably enlarged, the con- 
 gregation worshipping for some weeks in the Swedish 
 church, although offered the use of the Presbyterian 
 (Dorr's History of Christ Church). Evans went again 
 to England about 1714, and appears then to have re- 
 ceived the degree of D.D., as he is called "Dr." after- 
 wards. He returned about the end of 1716 (0. S.), 
 when, in addition to Christ Church, he took charge of 
 Eadnor and Oxford, preaching at those country churches 
 alternately on Thursdays. Finding the work too much 
 for him, he retired in June, 1718, to accept a living in 
 Maryland. Visiting Philadelphia in October, 1721, he 
 read prayers and preached in Christ Church on Sun- 
 day, the 8th, in the morning. At the afternoon service, 
 he was taken with an apoplectic fit, and sank down 
 immediately in the desk, and was carried to his lodg- 
 ing, where he remained speechless until about two 
 o'clock on Wednesday, when he died. He was buried 
 in the church on the 12th, the register giving also the 
 date of his death as if it happened on Tuesday, and 
 his age as sixty years. Rev. John Vicary was at that 
 time the Eector, being the minister license^ for Christ 
 Church next after Evans, and serving about three 
 years from Sep. 4, 1719, and dying in office. 
 
 The interest of Governor Gookin in Church affairs 
 will be spoken of in a later chapter. His successor, 
 William Keith, who, by the way, was not a near rela- 
 tion of George Keith, at first did much to facilitate the 
 preaching of the Gospel by Anglican clergymen, tak- 
 ing them with him on his visits to certain points. As 
 Gookin had been, so he was he a member of the Vestry 
 of Christ Church. Keith was defeated for re-election 
 after one year's service, because, said Peter Evans, he
 
 344 Chronicles of Pennsylvania. 
 
 took upon him to overrule the other members, and en- 
 tirely deprived them of their just freedom. 
 
 With the Swedish clergy, the Anglican at this period 
 in Pennsylvania were in full communion. Rev. Andreas 
 Rudman, former Pastor of Gloria Dei Church, Wec- 
 cacoe, was put in charge of the congregation at Oxford 
 in 1705 by the Society for the Propagation of the 
 Gospel aforesaid, and, after Evans left for England, 
 served Christ Church, dying before Evans's return. 
 Rev. Andreas Sandel, Pastor of Gloria Dei, attended 
 meetings of the Anglican clergy in 1713 and 1715, as 
 well as being present at the dedication or opening of 
 the present edifice of Trinity Church, Oxford, on Nov. 
 5, 1713, and the laying of the corner stone of the present 
 edifice of St. David's, Radnor, on May 9, 1715 (see 
 Penna. Mag., Vol. XXX). Between these dates, a 
 church edifice for St. James 's, Bristol, was finished and 
 opened on St. James's Day, with sermon from Rev. 
 Francis Phillips. Of that unworthy clergyman some- 
 thing will be said in connection with Lieut. Gov. 
 Gookin. 
 
 The offer of the Presbyterian edifice to Christ 
 Church congregation recalls our attention to the non- 
 Quaker religious denominations in Pennsylvania be- 
 sides the two National Churches. The dispute before 
 mentioned between the Baptists and Presbyterians 
 of the union congregation in Philadelphia, ended, ac- 
 cording to the Baptists ' story, in the Presbyterians 
 failing to keep to the offer to hold a conference. On 
 the second Sunday of December in 1698, nine Baptists, 
 viz: John Holmes, John Farmer and wife, Joseph 
 Todd, Rebecca Woosencroft, William Silverstone, 
 William Elton and wife, and Mary Shepherd met at 
 the Barbados store, and "coalesced into a church for 
 the communion of saints, having Rev. John Watts for 
 their assistance." Of these, John Farmer and wife 
 were from the congregation of Rev. Hanserd Knollys
 
 The Church of England. 345 
 
 in London, and Joseph Todd and Rebecca Woosencroft 
 were from that at Limmington, Hampshire; while the 
 others, with the possible exception of Holmes, had 
 been immersed by Rev. Thomas Killingworth after 
 coming to America. Shortly after this " coalescing, ' ' 
 Thomas Bibb and Nathaniel Douglas were members of 
 the Philadelphia congregation. The Presbyterians 
 contending for the place of worship, the Baptists aban- 
 doned it to them, and went to Anthon}'- Morris's brew- 
 house. There the Baptists remained until Mch. 15, 
 1707, and then, by invitation of the Keithians, moved 
 to the latter 's building in 2nd street below Arch. Hav- 
 ing perfected their title to the lot, as shown in the 
 chapter on Religious Dissension, and having the ad- 
 joining lot, formerly owned by John Holmes, the Bap- 
 tists, in 1731, replaced the wooden structure with a 
 brick one, used until 1762, when they built a larger 
 edifice, probably partly covering both lots. In the said 
 year 1707, the various Baptist congregations of Phila- 
 delphia and vicinity, having, it is thought, previously 
 had annual reunions, formed, or gave disciplinary 
 power to, an Association composed of their delegates. 
 The Baptists were reinforced by the arrival of a num- 
 ber of ministers and ruling elders from South Wales 
 and the West of England in 1710 and afterwards. Rev. 
 Thomas Selby, an Irish minister, who came to the Phila- 
 delphia congregation, was excommunicated by the Asso- 
 ciation in 1712. About this time, all the ministers of the 
 Association had accepted the rite of laying on of hands. 
 Terms of association were adopted in 1742, adding 
 Articles XXIII and XXXI to those published in Lon- 
 don by one hundred congregations in 1689, and called 
 the Century Confession. The treatise of discipline has 
 been "The Glory of a true Church and, its Discipline/' 
 published in London in 1697; and the catechism has 
 been that published in London in 1699. 
 
 Contrary to the threat, or, rather expectation, re-
 
 346 Chronicles of Pennsylvania. 
 
 ported by Clayton, the Rev. Jedidiah Andrews did not 
 leave his flock in the Spring of 1699, nor, in fact, until 
 his death in 1747, except during a few months in old 
 age by suspension for "indiscretions," on repentance 
 for which he was restored. There is mention in Rev. 
 Dr. Wm. B. Sprague's Annals of the American Pulpit 
 of a notion held by some that Andrews gave up the 
 Independent theory in 1729; but his support of the 
 measures of Irish Presbyterians, and other facts men- 
 tioned by Rev. William H. Roberts, D.D., LL.D., in the 
 Journal of the Presbyterian Historical Society, Vol. V, 
 No. 5, are inconsistent with his clinging to Indepen- 
 dency, or Congregationalism, so late, if he ever clung 
 to it after leaving New England. Moreover, there al- 
 ways were a number of divines in New England, who 
 wholly or largely inclined to the opinion that the true 
 scheme of Church government was that set forth in 
 those chapters of the Westminster Confession which 
 the Synod at Cambridge, Massachusetts, changed in 
 1648, and the Rev. Peter Hobart, Pastor at Andrews's 
 native town in Andrews's childhood, was one of those 
 called Presbyterians by those who distinguished such 
 from Congregationalists. It is said that Andrews was 
 ordained in Philadelphia, and probably in 1701, when 
 the record of the baptisms performed by him com- 
 mences. Talbot may have heard of this ordination by 
 Apr. 24, 1702, when he wrote: "The Presbyterians 
 here come a great way to lay hands on one another, 
 . . . In Philadelphia one pretends to be a Presby- 
 terian." This seems to mean claiming the office of 
 presbyter by Apostolic succession through presbyters. 
 The Virginia shores of the Chesapeake and the neigh- 
 bourhood of New York were in those days "a great 
 way" off from Philadelphia, and nobody who thought 
 the congregation competent to ordain would have made 
 a longer journey. It would seem, therefore, that those 
 taking part in the ordination of Andrews were two
 
 The Church of England. 347 
 
 Presbyterians properly so called, viz: Revs. Francis 
 Makemie of Accomac County, Virginia, and Josias 
 Mackie of Norfolk County, Virginia, and also two 
 neighbours of doubtful ecclesiastical antecedents, viz: 
 Revs. Samuel Davis (who had long been in Delaware) 
 and Nathaniel Taylor (perhaps of Maryland, but whose 
 being in New Jersey is suggested in Rev. Dr. William 
 Hill's History of American Presbyterianism) . Ma- 
 kemie was an Irishman, said confidently in Sprague's 
 Annals to have been ordained for colonial work sine 
 titulo by his native Presbytery of Laggan, after appli- 
 cation, in 1678, for a minister in Barbados, and, in 
 December, 1680, for one in Maryland, in both of which 
 places we find Makemie preaching. If his ordination 
 in Ireland or that of Davis or Taylor in the British 
 Isles is ddubted, there were a number of Scotch or 
 Irish Presbyterian ministers in New Jersey or Mary- 
 land for several years previous to the English Revolu- 
 tion, who might have ordained each of the three, among 
 such Scotch or Irish ministers being Rev. William 
 Trail 1, the former Moderator of the aforesaid Laggan 
 Presbytery, who, after that body was broken up, went 
 to Maryland. Rev. Dr. Robert Ellis Thompson, D.D., 
 in his History of the Presbyterian Churches in the 
 United States, gives 1682 as the date of Traill's ar- 
 rival, and 1683 as that of Makemie 's. The last named 
 went to Europe in 1704, and, in 1705, brought back 
 Revs. George Macnish and John Hampton, and gath- 
 ered together the Presbytery of Philadelphia, the 
 Mother Presbytery of the United States. The minutes 
 of the body are preserved from the meeting in Phila- 
 delphia in 1706, when Makemie was Moderator, and 
 Andrews, Davis, Wilson, Taylor, Macnish, and Hamp- 
 ton were the other ministers, with John Boyd, a licen- 
 tiate from Ireland, whom they ordained for Freehold, 
 New Jersey. Andrews and Wilson and possibly Davis 
 were the only ones stationed in Penn's dominions. The
 
 348 Chronicles of Pennsylvania. 
 
 congregation in the capital city is seen from the sur- 
 names in the early records to have been made up of 
 English Nonconformists, New Englanders, and New 
 York Reformed Dutch, and never in times following 
 could be classified as Scotch Irish, although including 
 persons of that race. It is likely that an important 
 early Presbyterian of Philadelphia, William Allen, a 
 sea captain who married into the Budd family, and was 
 father of the rich Chief Justice of the name, was a 
 Scotch-Irishman, as this sea captain mentions in his 
 will a sister Catherine Cally living in Dungannon in 
 Ireland, and an uncle William Craig at that place. In 
 1714, a congregation was started in the Great Valley, 
 i.e. in Tredyffrin Township, Chester County, and, in 
 the same year, some Independents formed one at Abing- 
 ton, then in Philadelphia County, and accepted Presby- 
 terianism, calling as Pastor a Welsh Presbyterian, 
 Rev. Malachi Jones, who, on arrival, was admitted to 
 the Presbytery as an ordained minister. 
 
 In 1716, the Presbytery agreed to divide into three 
 or four presbyteries, which should unite annually in 
 a Synod. Six ministers were to compose the new 
 Presbytery retaining the name of Philadelphia, viz. 
 Andrews and Jones and Howell Powell or ap Howell, 
 who had been ordained in Wales, and was settled at 
 Cohansey, N. J., and John Bradner, a Scotchman, 
 recently ordained for Cape May, and Joseph Morgan, 
 born and ordained in Connecticut, then at Freehold, 
 N. J., and Robert Orr, then at Hopewell, N. J., who 
 was the only Irishman, he having come from "the old 
 country" as a probationer. Another Presbytery was 
 to bear the name of New Castle, which Isaac Norris in 
 a letter in 1700 called "that Frenchified, Scotchified, 
 Dutchified place," and in this Presbytery were James 
 Anderson, ordained by Irvine Presbytery in Scotland, 
 and who was the minister at New Castle, Daniel Mc- 
 G-ill, sent from London to a Scotch congregation at
 
 The Church of England. 349 
 
 Marlborough, Md., Kobert Wotherspoon, who had come 
 as a probationer from Scotland, and was minister 
 at Appoquinimy, Del., David Evans, a Welshman, 
 preaching to his countrymen at the Welsh Tract in 
 New Castle Co. and in the Great Valley, Chester Co., 
 Hugh Conn, a native of Ireland, and graduate of Glas- 
 gow, minister at Patapsco, Maryland, and George 
 Gillespie, a native of Glasgow, also educated at the 
 university there, and licensed by Glasgow Presbytery, 
 ordained for the White Clay Creek congregation, and 
 serving that vicinity. Three ministers were to compose 
 a Presbytery of Snow Hill, viz : Davis, who was preach- 
 ing at Lewes, and Hampton, who was minister for 
 Snow Hill, and John Henry, ordained by Dublin Pres- 
 bytery, minister for Rehoboth and the lower part of the 
 Eastern Shore: but this Presbytery did not go into 
 operation. To bring the Northern Calvinists into a 
 Presbytery of Long Island were Macnish, then at 
 Jamaica, Long Island, and Samuel Pumry at Newtown, 
 Long Island, a New Englander, ordained by New Eng- 
 enders, and admitted to the "Mother Presbytery" only 
 a year before. Anderson was soon sent to be the first 
 minister of the Scots congregation in the City of New 
 York. Communion with many of the Connecticut min- 
 isters, and some accessions to the Presbytery of Long 
 Island, and accessions of Nonconformists in Maryland 
 and Virginia to the Presbytery of New Castle, seemed 
 to promise a large religious denomination based upon 
 opinion, and drawing strength almost equally from dif- 
 ferent races. In connection with the Irish, or Scotch 
 Irish, immigration, the further history of Pennsylvania 
 Presbyterianism will be given in a later chapter. 
 
 The fact that the Anglican clergymen in the colonies 
 were practically out of the Bishop of London's reach, 
 and unworthy men of the cloth resorted thither, and 
 that the laymen could not be confirmed, unless they 
 went to England, induced many, including Talbot as
 
 350 Chronicles of Pennsylvania. 
 
 early as 1703, and Bp. Compton, who suggested a 
 suffragan for Virginia in 1707, to favor the appoint- 
 ment of a bishop for America. Abp. Tenison left £1000 
 towards providing for two bishops there, the interest, 
 until such were consecrated, to be paid to disabled mis- 
 sionaries of the Society for the Propagation of the Gos- 
 pel. Petitions for a bishop were sent by the Vestry of 
 Christ Church, Philadelphia, in 1718 and 1719, Talbot, 
 who was often holding service there, joining in the lat- 
 ter of these petitions. In about a year after its date, he 
 went to England, and in April, 1721, he obtained an 
 order from the Lord Chancellor for the interest on 
 Tenison 's £1000. 
 
 Those in power in Church and State not being likely 
 to provide America with any one invested with the 
 spiritual functions of a bishop, Talbot turned to the 
 Non-Jurors, who, without asking permission of Han- 
 overian King or Whig Parliament, were keeping up 
 an episcopal succession. One of their bishops was 
 Ealph Taylor, D.D., consecrated on Jany. 25, 1720-1, 
 in Grey's Inn, in the presence of the Earl of Win- 
 chelsea and others, by Bps. Hawes, Spinckes, and 
 Gandy. Among the priests of this faction was the 
 Rev. Richard Welton, D.D. (Cantab.), formerly Rector 
 of St. Mary's, White Chapel, who was deprived in 1715 
 for not taking the oath of allegiance to George I. Tal- 
 bot, not holding a position in Great Britain, had not 
 been required to take this oath, although, when an 
 English rector, he must have sworn allegiance to 
 William and Mary. Bp. Taylor now consecrated Wel- 
 ton and Talbot himself, Welton no doubt receiving the 
 laying on of hands first. Rawlinson's manuscript list 
 of consecrations by Non-Jurors (Notes and Queries, 
 3rd Series, Vol. I, p. 225) says, without date, and in 
 a misleading place in the list: "Ric. Welton D.D. was 
 consecrated by Dr. Taylor alone in a clandestine man- 
 ner. — Talbot, M.A., was consecrated by the same
 
 The Church of England. 351 
 
 person at the same time and as irregularly." The date 
 could scarcely have been later than Oct. 1, 1722, 0. S., 
 as Talbot writes from Burlington on Nov. 27, speaking 
 of his six weeks' voyage home. The consecration of 
 these two was disapproved of by Taylor's fellow 
 bishops either before or after it had taken place, and 
 may be described as uncanonical but valid. 
 
 Whether either Welton or Talbot ever performed 
 any episcopal function is not proved. The probability 
 is that they administered confirmation, when they could 
 do it in secret, or without attracting much attention, 
 the confirming of a few, who could not otherwise be 
 confirmed, not being likely to be looked upon by those 
 in political or ecclesiastical power as an interference. 
 
 Talbot resumed charge of the Burlington church, and 
 on Oct. 23, 1723, was willing, as a member of the con- 
 vention of the clergy "of this province" (Pennsylvania 
 with the Territories) to concur in the removal of Rev. 
 John Urmston from Christ Church, Philadelphia, which 
 Urmston was supplying in the interim following the 
 death of an appointee of the Bishop of London. After- 
 wards Talbot occasionally filled that pulpit. Urmston 
 wrote on June 30, 1724, that, after Talbot had been 
 there about three months, some persons threatened 
 Sir William Keith, the Lieutenant-Governor, that if 
 such a Jacobite were allowed to officiate, they would 
 complain against both him and the Lieutenant-Gov- 
 ernor. So Keith, shutting up the church building, 
 made Talbot leave about the end of February. Urm- 
 ston adds: "Some of his confidants have discovered 
 
 that he is in orders, as many more rebels are. 
 
 I have heard of no ordinations he has made as yet." 
 Urmston supposed that Talbot would persuade clergy- 
 men to be reordained by him, m accordance with the 
 opinion of some Jacobites that all ordinations by the 
 bishops who supplanted the Non-Jurors were illegal. 
 Before or a few days after Urmston 's letter was
 
 352 Chronicles of Pennsylvania. 
 
 written, Welton came to America, bringing probably 
 for Talbot and himself the episcopal seals, with one of 
 which Talbot's widow sealed her will, and the other 
 being found among Welton 's effects at his death. A 
 letter from Gov. Keith dated July 24, mentions reports 
 that some of the Non-juring clergy of the neighbour- 
 hood pretended to the authority and office of bishops, 
 but says that they do not own it, and that he has an- 
 nounced his determination to prosecute all who should 
 attempt i ' to debauch any of the people with schismati- 
 cal disloyal principles of that nature." Governor 
 Burnet of New Jersey writes on Aug. 3 that Talbot 
 had had the folly to confess that he is a bishop. Rev. 
 Jacob Henderson of Maryland writes on Aug. 16 that 
 Mr. Talbot had arrived two years before, but his epis- 
 copal orders had been kept a great secret until of late, 
 and that, about six weeks before the date of the letter, 
 Dr. Welton had arrived, "as I am credibly informed 
 in the same capacity." Christ Church was reopened 
 for ministrations performed by Welton. Peter Evans, 
 in a letter defending the course of the vestrymen, says 
 that English newspapers had reported that Welton had 
 taken the oaths. Accordingly, the opportunity had 
 been embraced to have services resumed, Welton being 
 asked on July 27 to take charge. In due time, warning 
 from England was sent to the Lieutenant-Governor, 
 who answered, that, as the Vestry was entirely inde- 
 pendent of him, he could not be held responsible, and 
 suggested the desirability of some authority to him, 
 instead of allowing a minister to be admitted by a 
 Vestry without license from the Bishop or an induction. 
 Such provision for worship the Vestry, however, only 
 made in an emergencj^, and to be superseded by the 
 arrival of the Bishop 's appointee three months at least 
 after an incumbent's death. Gov. Keith himself, for 
 the marriage ceremony of his daughter in December, 
 1724, made use of Welton.
 
 The Church of England. 353 
 
 Talbot had been reported by Urmston to have put 
 on episcopal robes, and to have demanded obedience 
 from the other clergy, perhaps on the occasion of the 
 convention which agreed to the removal of Urmston, 
 but Talbot, writing on July 2, 1725, to the Bishop of 
 London, denied exercising jurisdiction over the mis- 
 sionaries, and declared that he could prove his inno- 
 cence by a thousand persons. He was not disturbed, 
 and is stated to have taken the required oath before 
 long. 
 
 Welton did not fare so well. A writ of privy seal 
 was sent over to Lieutenant-Governor Keith command- 
 ing Welton on his allegiance to return forthwith to 
 England. The notice was served in January, 1725-6, 
 and Welton started, about March 1, on what was often 
 at that period the only way of reaching London, viz: 
 taking a vessel bound directly for Lisbon. While at 
 Lisbon, he died of dropsy in August, 1726, refusing to 
 join in the communion service with the English clergy- 
 men there. 
 
 To supply the want of sufficient foundation for ec- 
 clesiastical jurisdiction by the Bishop of London over 
 America, Bp. Gibson, on Feb. 9 in the 13th year of 
 George I's reign, obtained a royal patent conferring 
 certain powers upon himself during royal pleasure. 
 This was expressly revoked by a patent from George II 
 dated Apr. 29 in the 1st year of his reign (1728), 
 whereby visitatorial power over colonial churches 
 whose service was according to the English liturgy and 
 the right to inflict ecclesiastical punishments, subject to 
 appeal, upon the ministers of such churches, and upon 
 colonial presbyters and deacons in English orders, was 
 conferred upon Bp. Gibson personally, to be exercised 
 by commissaries by him appointed and removed. 
 
 There were several districts of the civilized part of 
 Pennsylvania to which the services of the Church were 
 extended, chiefly by ministers stationed at places before 
 
 23
 
 354 Chronicles of Pennsylvania. 
 
 mentioned, often many miles away, during the period 
 from 1700 to 1748, and to those days is traced the col- 
 lecting of the congregations of St. Peter's in Great 
 Valley, St. Thomas's at Whitemarsh, St. James's at 
 Perkiomen, St. Mary's at Warwick, St. Martin's at 
 Chichester, St. John's at Concord, Bangor (Church- 
 town) in Lancaster Co., and St. John's, Pequea (Com- 
 passville). Some details will be found with a reprint 
 of valuable documents in the edition very recently 
 issued of Henry Pleasants's History of Old St. David's 
 Church Radnor. The present edifice of St. Peter's 
 (East Whiteland Township, Chester Co.) in the Great 
 Valley was built in 1744. We are not concerned with 
 the churches and mission stations of Delaware, which, 
 however, multiplied very early, owing somewhat to the 
 non-Quaker predilection of the original settlers. 
 
 The lot on which the overcrowded house of worship 
 for Christ Church in Philadelphia was standing, was 
 enlarged by the purchase of ground adjoining on the 
 north by Robert Assheton, Dr. John Kearsley, and 
 Samuel Hasell by deed of July 19, 1725, and, on April 
 27, 1727, the corner-stone of a western addition to the 
 building was laid by Lieutenant-Governor Gordon. 
 Eventually, about 1738, the whole was embraced in the 
 present symmetrical structure except the steeple, the 
 latter being completed some years later. The main 
 structure, even if not absolutely finished, was in use 
 some time before Whitefield's first visit. 
 
 A movement on somewhat the same general principle 
 as Pietism among the Lutherans, which will be spoken 
 of in connection with the German immigration, started 
 within the Church of England in the reign of George II. 
 The nickname ''Methodists" given to certain young 
 men, because, in their religious fervor, they undertook 
 to live by rule and method, was accepted by them, and 
 has been retained by their followers in other ideas, 
 inappropriate or insufficient as is the designation. The
 
 The Church of England. 355 
 
 separation organically of those so called from the 
 Church of which the Wesleys and Whitefield were 
 priests, did not take place during the time of this his- 
 tory; so there are only to be noted the labors of White- 
 field in the region so closely associated with two other 
 great leaders in their respective denominations, Penn 
 and Zinzendorf. Whitefield 's leadership, strong enough 
 to establish an opposition to John Wesley, differed from 
 that of Penn and Zinzendorf in the absence of any ad- 
 vantages of birth to help Whitefield. His Life by Eev. 
 L. Tyerman is authority for most of the following 
 account. George Whitefield was born on Dec. 16, 1714, 
 at Gloucester, England, and entered at Oxford in 1732. 
 As an undergraduate, he joined, becoming the most 
 youthful member, the "Holy Club," as others at the 
 University laughingly styled the coterie gathered by 
 Charles Wesley for acts of devotion, such as receiving 
 the communion every week, and for acts of charity. 
 Whitefield was impressed by the book The Life of God 
 in the Soul of Man with the essential need of the new 
 birth, defined to be the vital union with Christ in the 
 heart. Whitefield "experienced that assurance which 
 comes in conversion" about June, 1735, which was 
 several years before the Wesleys experienced it, and 
 he soon became fully persuaded that justification is by 
 faith only, although that doctrine took a small place 
 in his earliest sermons. Whitefield was made deacon 
 by the Bishop of Gloucester on Sunday, June 20, 1736, 
 about two weeks before graduation as B.A., and at- 
 tracted attention even by his first sermon, and, while a 
 deacon, drew crowds in London and Bristol, people in 
 the latter city hanging upon the rails of the organ loft, 
 and climbing on the leads of the church. Whitefield 
 had spent several months as a missionary in the new 
 colony of Georgia, and been ordained priest at Oxford 
 on Sunday, Jany. 14, 1738-9, by the aforesaid Bishop of 
 Gloucester, acting for Bp. Seeker of Oxford, and was
 
 356 Chronicles of Pennsylvania. 
 
 on the way a second time to Georgia when he first 
 visited Pennsylvania. He had become the foremost 
 exponent of the views of the Methodists. When the 
 strange effect upon some whom he had moved, the doc- 
 trines themselves, and the expressions in his published 
 journals had made the clergy of any place withhold 
 the use of their churches, Whitefield had preached in 
 fields and parks, often to twenty thousand persons, and 
 at least once to thirty thousand; but just before his 
 embarkation for this visit to America, those who ap- 
 peared in print against him or the excitement which 
 he promoted, were joined by Bishop Gibson. 
 
 Whitefield and his friend William Seward arrived 
 in Philadelphia in the evening of Friday, Nov. 2, 1739, 
 on horseback from Lewes, where they had left the ship. 
 The attitude of Bp. Gibson, if it was then known in the 
 colonies, did not prevent his Commissary for Pennsyl- 
 vania, Eev. Dr. Archibald Cummings, Eector of Christ 
 Church, from receiving Whitefield with civility, nor 
 the people from wishing to hear him. He read prayers, 
 and assisted in the administration of the communion 
 at Christ Church in the morning of the following Sun- 
 day, and preached there that afternoon and every day 
 for the rest of that week with increasing congregations, 
 and also in the afternoon of the second Sunday. He 
 dined at Thomas Penn's and at both church wardens', 
 was often visited by the Presbyterian minister, by the 
 Baptist minister, and by Quakers, and twice preached 
 at six in the evening from the court house stairs to 
 several thousand persons. After a trip to New York, 
 Whitefield preached in the yard of Rev. William Ten- 
 nent's church on the Neshaminy to about three thou- 
 sand, and from the porch window of the Presbyterian 
 church at Abington, and again several times in Christ 
 Church. On one of the last mentioned occasions, Sun- 
 day morning, Nov. 25, after his sermon, the Rev. 
 Richard Peters, Secretary of the Province, who had
 
 The Church of England. 357 
 
 retired from the work of the ministry, " exclaimed with 
 a loud voice 'That there was no such term as imputed 
 righteousness in Holy Scripture; that such a doctrine 
 put a stop to all goodness; and that we were to be 
 judged for our good works and obedience, and were 
 commanded to do and live.' " When he had ended, 
 Whitefield says: "I denied his first proposition, and 
 brought a text to prove that 'imputed righteousness' 
 was a scriptural expression, but, thinking the church 
 an improper place for disputation, I said no more at 
 the time. In the afternoon, however, I discoursed upon 
 the words 'The Lord our Righteousness.' " 
 
 When Whitefield was to preach his farewell sermon, 
 in the afternoon of Wednesday Nov. 28, the church not 
 being large enough for those expected, he adjourned to 
 the fields, and preached to ten thousand. The next day, 
 people wept at his door when he departed; twenty 
 gentlemen on horseback accompanied him out of town, 
 and were joined by others, until there were two hun- 
 dred. At Chester, the minister secured a balcony for 
 him, the church being too small, the court adjourned, 
 and Whitefield spoke to five thousand, of whom about 
 one fifth had come from Philadelphia. Crowds as large 
 in proportion heard him in the Lower Counties. 
 
 He was energetically philanthropic as well as, we 
 may say, violently religious. His main purpose in 
 going back to Georgia after his first visit there, and 
 the object of all his begging sermons in England in 
 1739, and in Pennsylvania in 1739 and 1740, was to 
 carry on a house for the care of poor orphans in 
 Savannah. To buy provisions for this, he had come by 
 way of Philadelphia on his second trip to America. 
 He had received about forty orphans under his care, 
 and, on the five hundred acres donated by the Trustees 
 of the Colony, had started the main building before he 
 came back to Philadelphia. He had favored the allow- 
 ing of slavery as the only means of developing the
 
 358 Chronicles of Pennsylvania. 
 
 colony, but, at the end of 1739, he had seen the miseries 
 of the slaves in Maryland, Virginia, North Carolina, 
 and South Carolina, and he printed a letter to the in- 
 habitants of those colonies, telling them that he thought 
 that God had a quarrel with them for their cruelty to 
 the negroes. The question of the lawfulness of buying 
 slaves was passed over, but it was declared a sin to 
 use them worse than brutes, not only in the barbarity 
 with which they were punished, but in not giving them 
 convenient food to eat or proper raiment, and in oblig- 
 ing them to grind the corn for themselves after a day's 
 work. Whitefield said that he prayed God that the 
 slaves might never get the upper hand, yet, should such 
 a thing be permitted by Providence, ' ' all good men must 
 acknowledge the judgment would be just." 
 
 The effect of Whitefield upon the Presbyterians will 
 be noted in the chapter upon the Irish and their Kirk. 
 
 The Anglicans of Philadelphia had been divided for 
 several years between the friends of Peters and the 
 Kector respectively, only dissuasion by Peters himself 
 preventing the building of a separate church for him. 
 His action towards Whitefield discrediting the latter, 
 as it did somewhat, and stemming the general assent 
 to his teaching, aroused against the plucky interrupter 
 an ' ' evangelical ' ' party. However, the Rector came to 
 the side inimical to Whitefield, after the latter, during 
 the few months before his return, reiterated and vindi- 
 cated in print his remark, originally made privately by 
 John Wesley, that ' ' Archbishop Tillotson knew no more 
 about true Chrisianity than Mahomet. ' ' So the Rector 
 refused Whitefield the use of Christ Church, when, on 
 coming back, he asked for it. 
 
 After ten days ' voyage in a sloop bought by White- 
 field and Seward, they and a number of Moravians ar- 
 rived at New Castle from Savannah. On Sunday, April 
 13, 1740, the day of or day after landing, Whitefield 
 preached in the church, the Rector being ill. It being
 
 The Church of England. 359 
 
 made known that he would preach there in the after- 
 noon also, the Presbyterian minister at White Clay 
 Creek, or Christiana Bridge, gave up his second meet- 
 ing for worship, and, with two hundred others, rode 
 to New Castle and heard Whitefield. The next day, 
 Whitefield preached at Wilmington from the balcony 
 of the house where he lodged, to three thousand people. 
 In Philadelphia, a platform was erected for him on 
 Society Hill (near Front and Lombard), and there or 
 at the court house he preached to from five to fifteen 
 thousand persons daily, except when preaching out of 
 town. 
 
 Whitefield undertook to found in Pennsylvania a 
 school for negroes, and with it a settlement for persons 
 converted in England by his preaching, and subjected 
 to annoyance on that account. For a site, an agreement 
 was made on April 22, 1740, — Reichel gives the date 
 in new style as May 3 — with William Allen to buy from 
 him for 2200Z. 5000 acres at the Forks of the Delaware, 
 title to be made to Whitefield, and then assigned to 
 Seward, who had some fortune, as security for 
 Seward's advancing the money. Two days afterwards, 
 Whitefield preached in the morning at the German set- 
 tlement on the Skippack Creek to about five thousand 
 persons, and in the evening, after riding twelve miles 
 to Henry Antes 's, to about three thousand, the Mo- 
 ravian Bohler following with an address in German. 
 On that day, Whitefield offered to hire as builders the 
 Moravians who had arrived from Savannah on the 
 sloop with him. The ground being visited, the Mo- 
 ravians, by the cast of the lot, according to their 
 custom, felt directed to engage. Seward, on April 28, 
 left Philadelphia for England, partly to convert some 
 securities into cash, and also to solicit contributions. 
 He was hit on the head at Caerleon, Wales, and died a 
 few days later, Oct. 22, 1740. On Sunday, May 11, 
 Whitefield went twice to Christ Church, Philadelphia,
 
 360 Chronicles of Pennsylvania. 
 
 and there heard himself taken to task by the preacher; 
 and, in the afternoon, Whitefield preached as a farewell 
 to nearly twenty thousand hearers. After preaching in 
 New Castle and Chester County, he sailed to Savannah. 
 After he left, his friends designed a meeting-house 
 for him to preach in, and a school for poor children to 
 be carried on within it. He seems, from two letters 
 written on July 18 from Charleston, to have first heard 
 of this on that day or the night before. One letter is 
 to Mr. I. R. (James Read?), and thanks him for going 
 
 with friends E and B (perhaps Bohler) to 
 
 Nazareth, and says later on : "I thank my dear friends 
 for their zeal in building a house, but desire it may not 
 have any particular name or be put to any particular 
 use till my return to Philadelphia. I wish them good 
 luck in the Dame of the Lord." A foot note to the 
 collection of Whitefield 's Works, published in 1771, 
 says that the building ' ' is now the College of Philadel- 
 phia." The other letter speaks of private letters re- 
 ceived from Philadelphia the night before or that morn- 
 ing, and says: "Philadelphia people are building a 
 house for me to preach in one hundred and six feet long 
 and seventy-four feet wide." An advertisement, dated 
 July, 1740, appeared in a Philadelphia newspaper. 
 After saying that the Almighty had now disposed many 
 Christians to lay aside bigotry and party zeal, and 
 unite their endeavors to promote the interest of the 
 kingdom of Jesus, the advertisement proceeds: "With 
 this view it hath been thought proper to erect a large 
 building for a charity school for the instruction of poor 
 children gratis in useful literature and the knowledge 
 of the Christian Religion and also for a house of public 
 worship the houses of this place being insufficient to 
 contain the great numbers who convene on such occa- 
 sions, and it being impracticable to meet in the open 
 air at all times of the year because of the inclemency 
 of the weather. It is agreed that the use of the afore-
 
 The Church of England. 361 
 
 said school and house of religious worship be under 
 the direction of certain trustees viz: [they were not 
 named] and other persons to be appointed by them 
 [with provision that, upon death of any, the majority 
 of the survivors should fill the vacancy] which trustees 
 before named and hereafter to be chosen are from time 
 to time to appoint fit and able school masters and 
 mistresses and introduce such Protestant ministers as 
 they judge to be sound in principle, acquainted with 
 experimental religion in their own hearts and faithful 
 in their practise without regard to those distinctions 
 or different sentiments in lesser matters which have 
 unhappily divided real Christians. . . . The build- 
 ing is actually begun under the direction of [not named] 
 and the foundation laid on a lot of ground late of 
 Jonathan Price and Mary his wife (who have gener- 
 ously contributed) situate near Mulberry Street in the 
 City of Philada., where materials for the building will 
 be received as also subscriptions for money and work 
 taken in by the underwritten persons. Philad a July 
 1740." Jonathan Price and Mary his wife conveyed 
 by deed of Sep. 15, 1740, a lot on the west side of 
 Delaware Fourth Street, 100 ft. south of Mulberry 
 (Arch), 150 ft. front by 198 ft. deep to Edmond 
 Woolley, carpenter, John Coats, bricklayer, John 
 Howell, mariner, and William Price, carpenter: and 
 these and other friends of Whitefield built on it the 
 hall one hundred feet long and seventy feet wide. The 
 roof was not yet on, when the first sermon resounded 
 there. This was preached by Whitefield on Sunday, 
 Nov. 9. By deed of Nov. 14, Woolley, Coats, Howell, 
 and Price covenated to stand seized for Whitefield, 
 Seward (whose death was not then known in America), 
 John Stephen Benezet of Phila., merchant, James Eead 
 of Phila., gent., Thomas Noble of New York, merchant, 
 Samuel Hazard of New York, merchant, Robert East- 
 burne of Phila., blacksmith, Edward Evans of Phila.,
 
 362 Chronicles of Pennsylvania. 
 
 cordwainer, and Charles Brockden, the Recorder of 
 Deeds of Phila. Co., and for the survivor in fee, they 
 to have power to appoint new trustees, in trust sub- 
 stantially as stated in the advertisement, and to convey 
 as directed by a majority of the trustees. The school 
 was not started by these projectors, probably because 
 Whitefield soon found himself heavily in debt for his 
 Orphan House in Georgia, and obliged to confine him- 
 self, in appealing for money, to that or some other 
 pressing object, while Christ Church seems to have been 
 spurred on in the matter of its parochial school. On 
 6mo. 8, 1747, Woolley and Coats petitioned the As- 
 sembly of the Province asking that, as the school was 
 part of the purpose of the said building, and the trust 
 had failed, the building be sold, and the subscriptions 
 paid back. In 1749, by direction of a majority of the 
 surviving trustees, whose action met with Whitefield 's 
 approval, Woolley and Coats conveyed the building and 
 lot for 775Z. 18s. lid. Sfar., with which to pay off certain 
 advances, to James Logan and others, who are usually 
 denominated the founders of the University of Penn- 
 sylvania, to be used as a free school for the instruction 
 of children in useful literature and the Christian re- 
 ligion, with the right to establish a seminary of the 
 languages, arts, and sciences, and as a place of worship 
 wherein Mr. Whitefield should be allowed to preach 
 whenever he was in the city, and so desired, and the 
 trustees should introduce such preachers to teach the 
 word of God as should subscribe to the articles of re- 
 ligion appended to the deed of conveyance; which 
 articles declare belief in the Trinity, the Atonement, 
 and Justification bv Faith, and end in affirming the 
 IXth, Xth, Xlth, Xllth, XHIth, and XVHth Articles 
 of the Church of England ''as explained by the Cal- 
 vinists in their literal and grammatical sense." Thus 
 the College of Philadelphia, afterwards the University,
 
 The Chuech of England. 363 
 
 came into possession of the building which was its main 
 hall until removal to Ninth Street. 
 
 Whitefield's stay in Philadelphia in the Fall of 1740 
 was for about a fortnight, at the end of a visit to New 
 England and New York. 
 
 Two houses had by that time been built at Nazareth, 
 as he named the place for the negro school. Now 
 came a dispute between him and those employed by 
 him. Reichel says that Whitefield, disapproving of one 
 of Bohler's doctrinal opinions, and unable in an argu- 
 ment conducted in Latin to convince him, discharged 
 the Moravians, closing the interview with the words: 
 "Sic jubeo; stet voluntas pro ratione." The Morav- 
 ians were allowed to stay on the property for some 
 months by Allen's agent; and the whole project fail- 
 ing, largely through Seward's death, Whitefield, after 
 taking title, was glad to assign it to the Moravians. 
 This he did when in England. The further history of 
 the property and an account of the religious people 
 aforesaid and some reflections on the difference between 
 the work of Whitefield and Zinzendorf will appear in 
 a chapter on the Unitas Fratrum and Church Unity. 
 Whitefield was absent from America during the whole 
 time of Zinzendorf 's visit. Zinzendorf, after return- 
 ing to England, declared the opposition of the Morav- 
 ians to Whitefield, unless he would recant his doctrine 
 of reprobation, and openly preach free grace. This 
 estrangement of two bodies once so sympathetic ex- 
 plains Benjamin Franklin's story of the unwillingness 
 of the trustees of Whitefield's building in Philadelphia 
 to elect any Moravian as successor to the Moravian 
 member who had died. 
 
 Dr. Cummings, Rector of Christ Church, Philadel- 
 phia, having died on Apr. 23, 1741, Peters, although 
 he warned his friends of the "evangelical" feeling 
 against him, was favored for the Rectorate by the 
 majority of the Vestry, although not by the older
 
 364 Chronicles of Pennsylvania. 
 
 members. His stand against Whitefield was portrayed 
 as a merit by Lieut.-Gov. Thomas in a letter of recom- 
 mendation. Thomas Penn, still a Quaker, tried, out 
 of friendship, to influence the Bishop of London. On 
 the other hand, Peters was opposed by those who 
 wished to keep clear of the Proprietaries, and, in the 
 interests of peace, the neighbouring clergymen pro- 
 tested against such an appointment. Bp. Gibson, to 
 whom on a former occasion, his Quaker kinsman Jere- 
 miah Langhorne had written in favor of Peters, was 
 now as much against "Whitefield as formerly, and might 
 have been expected to be glad to reward Peters, but 
 did not yield to such considerations. "Watson tells us 
 that in 1741 the Churchmen of Philadelphia manifested 
 some disaffection at the alleged supremacy of the 
 Bishop of London, saying that, as the Bishop declined 
 to license Mr. Peters after they had chosen him (alleg- 
 ing as a reason his living by his lay functions), they 
 would not accept any person whom he might license, 
 claiming that his diocese did not extend to this Prov- 
 ince, and Mr. Peters himself alleging that a right of 
 presentation lay in the Proprietaries and Governor. 
 That they came to a better frame of mind was probably 
 due to the policy of the prelate in not filling the vacancy 
 immediately and to the satisfaction given by Rev. 
 JEne&s Ross, who devotedly served in the interim, but 
 it argues something for the conscientiousness of Peters, 
 who became a useful member of the Vestry and a liberal 
 contributor under Rev. Robert Jenney. Twenty years 
 later, on Jenney 's death, Peters was unanimously ap- 
 pointed Rector by the Vestry, and in 1763 received the 
 approval of Gibson's successor. 
 
 Whitefield 's early bent towards the doctrine of elec- 
 tion &ct. had been strengthened before his first coming 
 to Pennsylvania. The time from which he can be called 
 a Calvinist is fixed by Tyerman as about June, 1739. 
 Whitefield 's letter to John Wesley of the 25th of that
 
 The Church of England. 365 
 
 month, although starting with disapproval of Wesley's 
 encouraging convulsions and other signs in his hearers, 
 goes on to declare the writer shocked by a report that 
 Wesley was about to print a sermon against predesti- 
 nation. Whitefield, as he knew that his opinion of it 
 would be asked, thought silence on both sides desirable. 
 Wesley drew lots, and, as the result was affirmative, 
 printed ; moreover he sent at least one copy to America. 
 Whitefield 's intercourse with Dissenters, while it never 
 induced him to leave the Church of England, confirmed 
 him in the theology then generally accepted by Ameri- 
 can Presbyterians and Congregationalists. By the 
 time, in the year 1741, when he went back to England, 
 he was strongly Calvinistic, and deemed it his duty 
 vigorously to oppose the Wesleys, and was printing 
 an answer to John Wesley's sermon on free grace. 
 On March 6, five days before Whitefield arrived, oc- 
 curred the split in the Kingswood Society, from which 
 John Wesley dates the division of the Methodists. 
 John Cennick, a layman in charge of the school, had 
 preached Calvinism; Wesley told the people that they 
 must choose between him and Cennick, whereupon 
 about one third decided to go with the latter. White- 
 field's friends, chiefly Dissenters, built a frame preach- 
 ing-hall for him in London, close to the Foundry, where 
 John Wesley preached. This Tabernacle, as White- 
 field called it, became the headquarters of those who 
 agreed with him. Three Church of England clergymen 
 besides himself, one being a Welsh rector, and three 
 lay preachers held on Jany. 5, 1743, at Waterford, 
 Wales, the first Calvinistic Methodist Conference, and 
 arranged that the ordained clergymen should visit dis- 
 tricts as they were able, and that there should be lay 
 preachers as district superintendents and public and 
 private exhorters, and that Howell Harris, a lay 
 preacher, should be their overseer. At the second 
 Conference it was arranged that Whitefield was to be
 
 366 Cheonicles of Pennsylvania. 
 
 Moderator whenever in England, there were to be 
 Quarterly Associations, and in every county of South 
 Wales a Monthly Association consisting of an ordained 
 minister and the superintendent of the district or 
 circuit and his exhorters, and all who thought they had 
 a call to be exhorters should be examined by some 
 Monthly Association, and by it appointed to a district. 
 Thus was started a body which became separated from 
 the Church of England, and which has still consider- 
 able strength in Wales. 
 
 Whitefield, after spending three and a half years in 
 England, and about a year in New England, passed 
 through Philadelphia in the Fall of 1745. He was then 
 offered 8001. to preach there six months in the year, 
 but declined and went on to Georgia. He was back, 
 but only for a few days, in August, 1746, but, in the 
 following year, spent part of May and June and a few 
 days of September in Philadelphia. He visited the city 
 several times later at considerable intervals, the last 
 time being a few months before his death, arriving on 
 May 6, 1770, as we learn from the newspaper, and, 
 after a week's trip in the interior, finally leaving on 
 June 15. He wrote during his stay : "To all the Epis- 
 copal churches, as well as to most of the other places 
 of worship, I have free access :" and besides the Second 
 and Third Presbyterian, the Methodist, the Swedish 
 at Kingsessing, and St. Paul's, Third Street, he 
 preached in both Christ Church and St. Peter's, then 
 united under the rectorate of his old opposer, Peters. 
 Whitefield died on September 30, 1770, at Newburyport, 
 Mass.
 
 CHAPTER XII. 
 
 Penn's Second Marriage and Second Visit. 
 
 Penn's continued financial distress — Death of 
 his first wife and his second marriage — False con- 
 veyancing between him and Ford — Opposition to 
 Penn among English Quakers — The Regents' 
 orders to him when about to sail — Logan and the 
 voyage to Pennsylvania — Birth of John Penn 
 "the American" — Quary, Morris, and David Lloyd 
 — Assembly passes laws against pirates and forbid- 
 den trade — Proceedings against suspected pirates 
 — The trials in England, and hanging of Kidd — 
 Quaker traders provoked at Penn not curbing the 
 Admiralty court — Tobacco — Election for Council- 
 lors and Assemblymen — Lloyd suspended from the 
 Council — Tax for debts of government and impost 
 for Penn — Old Charter surrendered: Penn rules 
 under powers granted by King Charles II — Coun- 
 cillors appointed by Penn — Water Bailiffs — Oaths 
 — Mixed judiciary attempted — "Sweet Singer of 
 Israel" — Assembly at New Castle in October and 
 November, 1700— 2000Z. voted to Penn— Law fix- 
 ing right to vote and eligibility for Assemblymen 
 — Marriage law — Assembly refuses to contribute to 
 erecting forts on frontier of New York — Bill in 
 Parliament to unite Proprietary governments to 
 the Crown — New Assembly confirms laws passed 
 at New Castle — Modified marriage law — Courts 
 of law and equity — New Frame of Government — 
 New charter for the City — New Council for the 
 Governor — Proposed Charter of Property — Penn 
 returns to England. 
 
 William Penn had been unable to extricate himself 
 from the financial embarrassment in which the Revo-
 
 368 Chkonicles op Pennsylvania. 
 
 lution of 1688 found him, and which was marked by 
 a change in the secret title to his possessions on the 
 western side of Delaware River and Bay with certain 
 exceptions. The change was effected by a release 
 dated Aug. 30, 1690, of his equity of redemption of the 
 lease held by Ford, and an assignment, dated Sep. 1, 
 of that lease to Thomas Ellwood, in trust to hold it to 
 attend the freehold and inheritance, and a conveyance, 
 by lease and release of Sep. 2 and 3, from Penn of the 
 fee simple to Ford. The right to redeem and annul this 
 was dependent upon the word of Ford. Towards hav- 
 ing any money to use in redemption, Penn, since then, 
 was saving nothing out of his income. He estimated in 
 1705 that, on an average, in the fifteen years between 
 his first and second visits to Pennsylvania, he had spent 
 £400 annually in London 'Ho hinder much mischief 
 against us if not to do us much good." During some 
 years of the time, his Shanagarry estate, by reason of 
 King James's war in Ireland and other causes, was 
 unproductive. Penn, when requesting the following 
 loan, spoke of £450 per annum (probably the rent-roll 
 approximately) totally laid waste (his word was 
 "wasted") in Ireland. 
 
 The request for a loan by Pennsylvanians, made 
 under date of 12mo. 4, 1693, mentioned in the chapter 
 on England, was that one hundred persons should lend 
 Penn each on an average 100 pounds (probably sterling 
 in London net above exchange) without interest for 
 four years, on Penn's bond, to draw interest on what- 
 ever might remain unpaid at the end of four years. 
 As mentioned, the £10,000 were not raised. 
 
 Resuming the project of a secondary settlement on 
 the Susquehanna front, Penn made some sales to per- 
 sons in London of land to be laid out between the 
 Delaware and Susquehanna. To secure equal oppor- 
 tunities with the Londoners, a number of Pennsylva- 
 nians entered into an agreement to buy Susquehanna
 
 Penn's Second Marriage and Second Visit. 369 
 
 lands to the value of their respective subscriptions at 
 the same rate as sold or intended to be to the Lon- 
 doners, and to pay for the pieces, after survey and 
 confirmation, half the price in the March following 
 Penn's arrival in the province to manage the purchase 
 from the Indians, and the other half of the price in 
 the March next following. If Penn came not within 
 two years from date, the agreement was to be void. 
 The date of the articles was the 1st of 1st month, 1696 
 (1695-6), and on 3, 20, 1696, it was certified that 2824Z. 
 had been subscribed, Carpenter having subscribed the 
 largest sum, viz : 100Z., Shippen 80?., Morris and Ewer 
 and David Lloyd each 50Z. Markham afterwards sub- 
 scribed 50?., and later the sum was brought up to 3974L, 
 but this was not sufficient to enable Penn to prosecute 
 the undertaking, or even to comply with the condition 
 of leaving the British Isles under the circumstances 
 in which he was, or had caused himself to be. 
 
 Losing his first wife on Feb. 23, 1693-4, Penn, after 
 declaring his intention to the Bristol Men's Meeting 
 as early as November 11, 1695, married again, when 
 over fifty-one years of age, and having three children. 
 As he was practically a reigning prince under an 
 emperor, this event was a turning-point in the history 
 of Pennsylvania and Delaware, and is not to be dis- 
 missed from consideration, as in the case of a private, 
 even distinguished, man, with the statement that his 
 subsequent home life was happy, and that certain chil- 
 dren were born of the union. This adroit politician 
 seems to have taken this step without calculation, and 
 showed no discernment except for personal qualities. 
 Eomance would have been more natural in a younger 
 man, or at a longer time after Guli's death. The less 
 sentimental reason often adduced for the seeking of a 
 wife, of being all alone, or of having young children 
 needing a mother, did not exist in his case. His finan- 
 cial circumstances made it so desirable for him to re- 
 
 24
 
 370 Chronicles of Pennsylvania. 
 
 main single, and practise economy, unless he could get 
 somebody with a great fortune, which benefit to his 
 family and tenantry he was not securing, that we are 
 inclined to believe that he found the justification to him- 
 self in the amorous nature which there is evidence for 
 attributing to him. The choice which he made for 
 a second wife has been commended as judicious, and 
 would have been such for a Quaker burgher, but not 
 for an impoverished lord palatine. Hannah Callowhill, 
 whom he married on lmo. 5, 1695-6, had all the virtues, 
 even in after years inconveniencing herself in kindness 
 to her step-son's family, and she developed very con- 
 siderable business capacity. She was the only child 
 of Thomas Callowhill, a respected Quaker of Bristol, 
 England, successful as a dealer in linens. As he lived 
 long after her marriage, and left his property to his 
 grandchildren, no direct financial advantage was de- 
 rived by William Penn, except CallowhilPs taking a 
 large share in the mortgage of 1708, and perhaps other 
 Quakers would have made that up. Hannah's family 
 did not belong to the gentry, and she had no influential 
 connections to strengthen Penn with the officials of the 
 Crown, nor did she ally him to any of the great leaders 
 of the Society of Friends, among whom the regard for 
 him was none too strong. Could he have gone to Penn 
 sylvania, and there selected a bride, and made the home 
 for his family among the people whom he had led 
 thither, there would have been at least retrenchment 
 in the cost of living, and, one would have expected, a 
 renewal of popularity with the taxpaying tenantry. If, 
 indeed, he was impelled to what he did by being terribly 
 in love with the lady, the disastrous consequences could 
 call to mind the remark of the ancient chronicler ' ' Thus 
 all the trouble in the world from Eve in the garden 
 and Helen of Troy down to the conquest of Ireland 
 has come from a woman." 
 
 Penn's second marriage lowered the prospects in
 
 Penn's Second Marriage and Second Visit. 371 
 
 life of his three children then living, carried him 
 into greater expenditure and deeper embarrassment, 
 dragged his friends and taxpayers into the hardship 
 of assisting him, and finally placed Pennsylvania under 
 a new family with relatively no other wealth than what 
 could be gotten out of it. The three children, over 
 whom a step-mother was placed, were, in order of 
 birth, Springett, Laetitia, and William. The eldest 
 alone was then grown up, but was still single. He was 
 a very satisfactory heir-apparent, serious minded, very 
 much " after his father's heart." Springett died a 
 month after the change in his home. The second son, 
 two years later, married at the age of nineteen. Of 
 the object of young William's "impetuous inclination," 
 his father writes in 1707: "I wish she had brought 
 more wisdom, since she brought so little money, to help 
 the family." The young man, by 1703, when he came 
 to Pennsylvania, jealous of his step-mother and her 
 children, and emancipated from his father, had raised 
 his own set of creditors. Laetitia, who was born in 
 1678, lived with her father and step-mother until her 
 own marriage, Aug. 20, 1702, with William Aubrey, 
 afterwards seeing her dowry delayed, and her legacy 
 made small. By Hannah Callowhill, William Penn had 
 seven children, being sixty-four years old when the 
 youngest was born. 
 
 Unable to meet the interest charges made by Ford, 
 and furthermore obliged to borrow from him, Penn 
 made a new conveyance, dated Sep. 29, 1696, of all right 
 to Ford in fee clear of equity of redemption, Ford 
 making thereupon a separate instrument covenanting 
 to reconvey on payment of £10657. This sum was the 
 balance shown due to him by an account, to which Penn 
 did not object, but which charged Penn with heavy com- 
 missions, and compounded the interest on advances 
 every six months or oftener at six per cent, and fre- 
 quently at eight per cent.
 
 372 Chronicles of Pennsylvania. 
 
 Perm's liberality to the needy, his expenses in 
 soliciting, and the extortion suffered by him were esti- 
 mated in 1707, in his codicil to his will of 1705, to have 
 lessened his estate £50000. Some of the trouble taken 
 for individuals was pecuniarily profitable; for the 
 custom of the time was for those who had access to 
 kings, cabinet ministers, members of parliament, and 
 officials to exert influence or powers of persuasion 
 for men or measures, and to receive, not wages or sal- 
 ary, but presents if successful. Penn, who on another 
 page has been called a "lobbyist," complained in 1707 
 that John Hamilton, whom Penn upon promise of a 
 present had helped in England to £1650, would merely 
 deduct forty odd pounds of Penn's debit to Governor 
 Andrew Hamilton, John's father. Much, however, that 
 Penn did was without tangible, at least without worldly, 
 reward, or the hope of it: and this willingness to do a 
 favor, or habit, as we may say, of doing one, seems to 
 have been what led him in April, 1697, to deviate so far 
 from the straight moral course as to take part in pro- 
 ceedings to deceive the English government in the mat- 
 ter of Ford's taxes. Without such excuse as the alter- 
 native of spoiling the province would have been for 
 quibbling, or as danger to Penn's life would have been 
 for prevarication, this is after all the worst thing that 
 is proved against Penn, every accusation equally grave 
 being the proper subject for the decision "not guilty" 
 or the Scotch verdict "not proven." The proceedings 
 in question, which saved Ford £300, probably a years' 
 support of his family, must be mentioned, as they in- 
 volved the final conveyancing between Penn and Ford, 
 and the settlement of the title to what Penn had in 
 Pennsylvania and Delaware so as to give rights which 
 were never intended, but were afterwards pressed, 
 turning this episode of our history into something like 
 a fable, say by ^Esop, about trusting those who would 
 cheat others. Subsequent to the release and covenant
 
 Penn's Second Marriage and Second Visit. 373 
 
 of Sep. 29, 1696, which made Perm owner subject to a 
 mortgage, an Act of Parliament had levied a tax upon 
 real and personal estate in England. To make it ap- 
 pear to the taxing officers that Ford was owner of land 
 in America, which was taxable only there, instead of 
 holder of bonds or other personalty or creditor of 
 money due, which was taxable at his residence in Eng- 
 land, as the loan to Penn certainly was, Penn, after 
 hesitation, consented to convey to Ford in fee the soil 
 of the Province and Territories, and to let it be sup- 
 posed that the conveyance was an absolute one, it being 
 agreed between them that the transaction should con- 
 stitute a mortgaging, that the money owed by Penn to 
 Ford should be paid as the former raised it out of the 
 land, and that meanwhile a paper enabling Penn to de- 
 mand a reconveyance should be executed by Ford in a 
 form ' ' the better to blind the business upon his affirma- 
 tion. ' ' To carry out the plan, Penn by a writing dated 
 April 1, 1697, released the premises covered by the 
 document of Sept. 29, 1696. Eight days intervened be- 
 fore Penn had anything to show that he longer had any 
 interest in the land, and Penn supposed, as he after- 
 wards wrote, that within that time the officers made the 
 examination. Ford made a lease, under date of April 
 10, of the Province and Lower Counties to Penn for 
 four years from April 1, 1697, at £630 per annum (the 
 interest on £10500, to which the debt of Sep. 29 had 
 been reduced) ; and in this lease was a stipulation that 
 Ford would convey the premises to Penn in fee, if he 
 paid him £12714 5s. at the end of three years. A re- 
 ceipt for £159 of that sum was appended. 
 
 Penn's bills of exchange drawn on his America col- 
 lectors and debtors in 1697 were not honored. The 600?. 
 promised to him in consideration of relinquishing the 
 impost were not paid in ; nor had any quit rents been 
 forwarded to him in England since 1686. Hoping to 
 get to America in the Summer of 1698, he meanwhile,
 
 374 Chronicles of Pennsylvania. 
 
 in 3rd month of that year, went to Ireland, combining 
 with the inspection of his estate there, a preaching 
 tour among Friends' meetings. Thomas Story, who had 
 studied law, and been converted to Quakerism, and who 
 had made Penn's acquaintance about a year before, 
 attended him. As Story tells us in his printed Journal, 
 they arrived in Dublin from England on 3mo. 6, 1698. 
 After three months' stay, they returned, and, in the 
 latter part of the Autumn, Story sailed for America, 
 Penn bidding him farewell at Deptford. 
 
 Story tells us that while they were in Ireland, ' ' Satan 
 was busy in evil work in London," in that about that 
 time some Quakers, including ministers ' ' setting up in 
 the Society as no small dictators," "being filled with 
 envy" of William Penn, "made unworthy attempts 
 against his character and even in the Yearly Meeting. ' ' 
 What was the particular subject of the concern mani- 
 fested against him in that Meeting, is not mentioned. 
 It may be inferred that William Mead, Penn's old com- 
 panion in trial, and Thomas Lower had become dis- 
 pleased with him; as Logan, about eight years later, 
 spoke of them as known to be inimical. 
 
 At last Penn complied with the imperative call for 
 his presence in America, and followed his often ex- 
 pressed wish to be there. 
 
 The Eegents of England, commonly called the Lords 
 Justices, at the last interview he had with them before 
 his departure, extracted a promise from him to punish 
 David Lloyd, and to notify them of the fact and char- 
 acter of the punishment. They further, by letter of 
 July 25, 1699, to the Proprietary and Governor of 
 Pennsylvania, required him to see that the Acts of 
 Parliament relating to trade and navigation were put 
 into execution in the country governed by him, and 
 therefore to give constant protection and encourage- 
 ment to the officers of customs and of the Admiralty. 
 On August 4, the Commissioners for Trade recom-
 
 Penn's Second Marriage and Second Visit. 375 
 
 mended that Markham be removed from the Lieutenant- 
 Governorship, that David Lloyd be superseded as At- 
 torney-General, and removed from all public employ- 
 ment, and that Anthony Morris be removed from his 
 judgeship; and, on August 10, it was further recom- 
 mended that all pirates seized in Pennsylvania and 
 West Jersey be sent to England for trial, together with 
 the ' ' evidences ' ' — witnesses as well as record of exami- 
 nations ? The Lords Justices, on Aug. 31, formally dis- 
 allowed the appointment of Markham as Lieutenant- 
 Governor, and gave orders in accordance with these 
 recommendations, and declared void the Pennsylvania 
 law for preventing frauds and other laws on the subject 
 of the customs and the Admiralty contrary to the 
 known laws of England. 
 
 Meanwhile Penn had succeeded in making a big sale, 
 by means of which he could transport his family, his 
 deeds of lease and release to the ' ' London Company, ' ' 
 mentioned in the chapter on the People, being dated 
 respectively August 11 and 12, 1699; and he had se- 
 cured as secretary a Quaker then in Bristol, twenty-five 
 years of age, James Logan, who had been a school 
 teacher, and more recently in mercantile business, son 
 of Rev. Patrick Logan, a Scotch clergyman converted 
 to Quakerism. Having prepared a voluminous address 
 to Friends, which was dated at Cowes, Isle of Wight, 
 "weighing anchor," 7mo. 3, 1699, Penn sailed for Penn- 
 sylvania in the ' ' Canterbury, ' ' accompanied by his wife 
 and his daughter Laatitia and the secretary. Whether 
 the secretary then or afterwards had any thoughts of 
 marrying Laetitia is a matter of conjecture, not of his- 
 tory. The secretary showed himself more of a knight 
 than a Quaker on the voyage. One day a vessel which 
 was not recognized, bore down upon the ' ' Canterbury, ' ' 
 and the crew of the latter prepared to make resistance. 
 As Penn retired below, Logan went to the guns. The 
 vessel turned out to be friendly. Logan rejoining Penn,
 
 376 Chronicles of Pennsylvania. 
 
 the latter reproached Logan for his readiness to shed 
 blood. Logan retorted, that if Penn had indeed disap- 
 proved, he, being Logan's master, should have ordered 
 him below. They landed at Philadelphia on Sunday 
 afternoon, Dec. 10, a crowd, including Quary and 
 Moore, receiving them at the wharf, from whence the 
 Proprietary went to call on Markham, thus superseded, 
 who appears to have been as usual too unwell to leave 
 his house. After addressing a large gathering at the 
 Friends ' meeting, concluding with a prayer, Penn took 
 his family and his secretary to Edward Shippen's. 
 There they stayed about a month — apparently board- 
 ing, as money was subsequently paid for Shippen's 
 "entertainment" of the Proprietary on his arrival. 
 
 Penn secured for a city residence the house, built by 
 Samuel Carpenter, long known as the "slate roof 
 house," at the southeast corner of 2nd and the present 
 Sansom Street. There Hannah Penn had a son, 
 born on January 29, 1699-1700, named John, the only 
 male of the Penn family born in the New World. He 
 was sometimes referred to by his father as ' * the Ameri- 
 can," and is distinguished in history as "John Penn 
 the American" from his two nephews named John. 
 Most of the second visit of the first Proprietary to 
 Pennsylvania, however, was spent at Pennsbury manor, 
 Bucks County, Logan being left in the "slate roof 
 house. ' ' No wages to Logan were paid at the time, and 
 perhaps the additional housekeeping by Logan was 
 overlooked, when Penn spoke later of having spent in 
 Pennsylvania £1000 per annum, having a wife, child 
 (Laetitia), nurse (the baby not mentioned), three maids, 
 and three or four men. 
 
 We learn from two accounts hereafter quoted, a 
 Churchman's "Brief Narrative" and Logan's letter to 
 William Penn Jr., that, a few days after the Proprie- 
 tary's arrival, he received Colonel Quary and perhaps 
 others of the Churchmen, and, admitting that there
 
 Penn's Second Makriage and Second Visit. 377 
 
 were grounds for complaint, declared that it should be 
 his own chief care and endeavor to administer justice 
 impartially without favor or affection in relation to 
 opinions, and to make "everything as even as his two 
 eyes." Quary, when he saw the steps taken by Penn 
 and the change brought about by him in the attitude 
 towards the Crown officers, wrote strongly in com- 
 mendation of Penn. 
 
 Anthony Morris was willing to sacrifice himself to 
 enable Penn to comply with the desire or requirement 
 of the English government; but David Lloyd, "ex- 
 tremely pertinacious and somewhat revengeful," had 
 no consideration for the Proprietary's difficulties, and 
 stoutly opposed the course essential to the latter 's in- 
 terests, apparently on December 21, 1699-1700, when 
 Penn met the Council for the first time after his arrival. 
 Penn answered with much warmth, and enforced his 
 will. On Dec. 22, Morris brought before the Council the 
 papers in the matter of the replevin, and resigned his 
 judgeship, and Penn reprimanded him for issuing the 
 writ, and delivered to Judge Quary, who appeared by 
 request, the inventories of the goods replevied and the 
 bonds given by Adams and his sureties. Penn asked 
 Quary to suggest any expedients for discouraging and 
 punishing piracy and illegal trade, and expressed a 
 hope that the Admiralty and the Proprietary author- 
 ities would work hand in hand for that purpose. A 
 month later, Quary reported that the surety refused to 
 hand over the value of the replevied goods, and, the 
 Sheriff who took the bond being no longer in Office, 
 Quary asked for an order that Morris restore the 
 goods. It was unreasonable, Quary said, that the 
 Crown be put to the expense of a suit to recover 
 them. Morris made answer that he had acted in 
 ignorance, not in malice, and had no interest in the 
 goods or in their owner, and, in a similar case, 
 would not again act as he had done. Penn then
 
 378 Chkonicles of Pennsylvania. 
 
 told Quary that the Admiralty officers should be 
 put in possession of the value without trouble or 
 expense. Quary was asked what further satisfaction 
 he wished from Morris. He replied, that, having no 
 personal animosity, he was satisfied with Morris 's sub- 
 mission, in view of the Proprietary's promise. More 
 than this, after making charges against Lloyd, Quary 
 was willing to let them drop, as will be seen. 
 
 For passing a sufficient law against piracy and illegal 
 trade, Penn called an Assembly. With a proviso that 
 he was not bound by the Frame of Government of 
 1696, he issued a writ to the Sheriff of New Castle 
 to supply the omission to choose Councillors and As- 
 semblymen the year before, and summoned the Assem- 
 blymen already elected to meet on the 25th of January 
 those to be so chosen. The Sheriff of New Castle 
 on that day returned Richard Halliwell and Robert 
 French as chosen for Councillors, and John Healy, 
 Adam Pieterson, William Guest, and William Houston 
 as chosen for Assemblymen. It happened that the 
 people along Brandywine Creek had no notice of the 
 election, and twenty-nine petitioners asked that there 
 be a new election, but the Proprietary induced all to 
 acquiesce in the choice, by his promising to punish the 
 Sheriff for his neglect, and to pass no other laws than 
 against pirates and illegal trade, and by declaring that 
 the acceptance of the return should not be deemed a 
 precedent. After earnest debate for two weeks, the spe- 
 ical session passed a law against piracy and also a law 
 against illegal trade, the Proprietary consenting to a 
 clause indemnifying all persons who had traded with 
 such pirates as had surrendered themselves under the 
 Jamaica proclamation, and the Assembly consenting to 
 a prohibition of the trade to Madagascar and Natal for 
 three years. 
 
 Among the members of Assembly elected in 1699 
 from Kent County was Markham's son-in-law, the sus-
 
 Penn's Second Marriage and Second Visit. 379 
 
 pected Brown. He was, however, arrested before the 
 special session. Markham having offered to go bail, 
 but objecting to the bond being so worded as to bind 
 his executors, Penn wrote a note on January 27, 
 1699-00, reminding him that, if he or his estate were 
 to lose anything by Brown running away, it would be 
 the only money paid out as any marriage portion for 
 Markham's only child. A few days later Markham is 
 mentioned as having gone bail in 300?. The old pirates 
 who came before Every's crew, Penn had bound over 
 to answer any charges which might be made withm 
 one year. Bradinham and Evans and, afterwards, 
 Brown were sent to the Earl of Bellomont, and were 
 taken to England by a man-of-war, with Eldridge and 
 five others, viz : Nicholas Churchill and James Howe, 
 who had both sailed with Kidd, Robert Hickman, Derby 
 Mullens (or Mullig), and Turlagh O'Sullivan, the last 
 named having gone aboard Every's vessel after all the 
 prizes had been taken, and being at the time of arrest 
 occupied in farming in New Jersey. Although Penn, 
 on April 12, examined some of those accused of having 
 dealt with and received goods from Kidd, and some 
 of them were sent to New York, they appear to have 
 been let off. In England, Brown and Evans were ac- 
 quitted ; and let us trust that 'Sullivan was. Perhaps 
 O'Sullivan and Hickman, as to neither of whom has 
 there been mention found in our records, were never 
 indicted. Evans soon afterwards died. Brown may be 
 identical with the "Captain James Brown" selected 
 with others to command ships which the promoters ^of 
 the South Sea enterprise— later called "Bubble"— 
 were to send against Spanish localities and shipping: 
 at any rate, Brown rejoined his wife, having later 
 three children, instead of an only child, as when sent 
 prisoner: but he did not manage to leave his family 
 provided for at his death. To convict Kidd, it was 
 necessary to get the testimony of some of his compan-
 
 380 Chronicles of Pennsylvania. 
 
 ions. So Bradinliam received a pardon. Largely on 
 his testimony, Kidd, Churchill, Howe, Mullens, and 
 others were found guilty of piracy. Kidd was also 
 found guilty of murder, and, sentenced for both crimes, 
 was hung. The rope broke, and he was picked up 
 alive, and spoke to the officer, and was hung again, that 
 time effectually. Eldridge was also convicted. 
 
 The Quaker traders had welcomed William Penn as 
 a deliverer from a party among the colonists which 
 was building "steeple-houses" — although probably 
 there were no steeples — and enforcing English laws; 
 a party which, moreover, was inimical to himself. 
 When he was seen not to suppress, but to compromise 
 with such a ' ' faction, ' ' lending his Proprietary author- 
 ity and personal influence to the strengthening of the 
 Crown officials, there was disappointment, want of in- 
 sight into his circumstances, and coldness towards him. 
 Instead of thinking of what he had done for Quakers 
 in general and those in Pennsylvania in particular, the 
 latter were thinking how they were injured in reputa- 
 tion and unsafe, and were probably blaming him for 
 not taking better care of them by means of his supposed 
 influence at Court. Nor was their situation favorable : 
 there was the impossibility of a Quaker making the 
 statement to register a vessel ; and the Admiralty juris- 
 diction on the Delaware was being extended by its 
 officers to every private cause relating to a vessel, even 
 as to charter-parties, wages, bread, beer, sails, smith 
 work, carpenter work done at the quay or dock, &ct.; 
 and in such courts not only were the papers in Latin, 
 but there was simply a decision by Quary, and no jury 
 trial, and the expenses were four times greater than in 
 the courts of common law. 
 
 About this time, a change was made in the agricul- 
 ture of Penn's dominions. The people had been ac- 
 customed to wearing English woolens, and the paying 
 for such had caused an exportation of money, as the
 
 Penn's Second Marriage and Second Visit. 381 
 
 products of the region were not in sufficient demand by 
 England. To raise an article which would be required, 
 the planters, possibly at Penn's suggestion, began to 
 raise tobacco in considerable quantity. 
 
 It was agreed that the Council and Assembly to meet 
 in 1700 should be chosen according to the old Frame 
 of 1683, and should prepare a new Frame of Govern- 
 ment. Once more the Councillors were to start with 
 terms of three, two, and one year. 
 
 We can conclude that there was a rumor that some 
 member of the Church of England would be a candidate 
 at the election in Philadelphia County, and perhaps 
 the suggestion had been made in Penn's hearing that 
 so important a part of the community was entitled to 
 a seat. This is not told us ; but that he bestirred him- 
 self to have a body friendly to him chosen, we learn 
 from a contemporary paper among the MSS. of the 
 Society for the Propagation of the Gospel, entitled a 
 "Brief Narrative of the Proceedings of William 
 Penn," printed in Perry's Collections, Vol. II. The 
 writer, we learn from Logan's letter of 3mo. 2, 1702, 
 was Quary. He says that Penn appeared at the place 
 of election, exhorted the voters to elect only such as 
 were friends of his government, asserted that no one 
 could vote or be voted for who would swear, — an am- 
 biguous word, as the "Narrative" well says, — and even 
 told those present that there were not over two dozen 
 Churchmen at most. Penn's speech on meeting the 
 new Councillors on April 1, instead of reproving Quak- 
 ers for narrow-minded sectarianism, as it appears to 
 do, may have referred to the Churchmen, in saying 
 that he was grieved to hear some at the last election 
 at Philadelphia "make it a matter of religion. ' ' Logan 
 two years after the election procured certificates of non- 
 Quakers that Penn did not speak about swearing, and 
 inferentially that he did not influence the election. 
 Carpenter, Shippen, and Dr. Griffith Owen, Quakers
 
 382 Chronicles of Pennsylvania. 
 
 friendly to Penn, were chosen for three years, two 
 years, and one year respectively by Philadelphia 
 County. In Bucks and Chester, it would have been 
 hard to find a non-Quaker fit to send. Bucks chose 
 Growdon, Biles, and Richard Hough; Chester chose 
 Lloyd, Pusey, and Simcock. Of the Delaware members 
 of the Council, viz : Halliwell, Donnaldson, and Yeates 
 from New Castle, John Walker, Henry Molleston, and 
 Thomas Bedwell from Kent, and Samuel Preston, John 
 Hill, and Thomas Fen wick from Sussex, we know that 
 Preston was a Quaker. Every Assemblyman chosen 
 from the Upper Counties was a Quaker; and perhaps 
 three or four of those chosen by the Lower. The new 
 Assembly organized on May 13, with Blunston again 
 Speaker. 
 
 On May 15, Penn and the Council, by unanimous vote, 
 suspended Lloyd from that body, pending his trial on 
 the charge of making the remarks about the great seal, 
 the King's picture, and the Court of Admiralty. Such 
 trial did not take place: for Quary, to whom Penn re- 
 ferred the prosecution of Lloyd before the Quarter 
 Sessions, became disposed, in the absence of orders 
 from England, to overlook Lloyd's offence, and hoped 
 to receive no orders, remarking what a loss it would 
 be if the colony were deprived of its only lawyer except 
 John Moore. 
 
 On May 24, a committee composed of all the Coun- 
 cillors and Assemblymen presented to the Proprietary 
 the draft of such a charter as they desired for a Frame 
 of Government. On June 4, he submitted to a sub- 
 committee such a one as he was willing to grant. This 
 the Assembly amended in some particulars; but there 
 was a conflict between the Upper and Lower Counties 
 as to the number of representatives. On the last day 
 of the session, eight laws were passed, one of them 
 levying Id. per I. and 65. per head for the debts of the 
 government. Penn had called the attention of his
 
 Penn's Second Makriage and Second Visit. 383 
 
 friends to the "worsting" of his estate by his main- 
 taining his Deputy, — that must mean Blackwell and 
 Markham, — and protested, that, although some said 
 that he, Penn, came to get money, and be gone, he hoped 
 that he or his while they lived would dwell with his 
 people, for his absence had been disastrous to him as 
 well as to the colonists. He broadly hinted that as they 
 treated him, so would he serve them in return. An 
 attempt was made by his friends to secure for him 
 from the Assembly money to be raised by a general tax, 
 but this was voted down, and, instead of it, an impost 
 was laid for his benefit on imported wine, beer, ale, &ct. 
 This, continued during two years, would, it was said, 
 yield him 1000Z. per an., but Isaac Norris, member from 
 Philadelphia County, thought it to amount to an "un- 
 handsome ' ' gift of less than half of that sum. On June 
 7, after approving of the laws carried, Penn, despairing 
 of inducing an agreement upon a new charter, put the 
 question to the Assemblymen, with the consent of the 
 Council, would they be ruled by the old Charter? This 
 was carried in the negative. He then asked, should 
 he resume the government as it was after the Act of 
 Union under the letters patent from Charles II. All 
 who voted except four or five of the whole number of 
 Councillors and Assemblymen answered in the affirma- 
 tive: evidently the necessary six sevenths of the free- 
 men's representatives agreed not merely to amend, but 
 to destroy. It was then unanimously declared that all 
 the laws passed at Chester, and embodied in the Peti- 
 tion of Eight of 1693, and all since made, and the one 
 just passed for confirming the laws, should, except as 
 repealed, altered, or supplied, continue in force until 
 twenty days after the rising of the next session. Then 
 the Speaker, on behalf of the Assembly, and Biles, on 
 behalf of the Councillors from the Upper Counties, and 
 Hill and Eodeney, on behalf of those from the Terri- 
 tories, took the old Charter of 1683, constituting the
 
 384 Chronicles of Pennsylvania. 
 
 Frame, and, with the unanimous consent of those pres- 
 ent, returned it to the Proprietary, who, in undertaking 
 to rule by the royal letters patent and Act of Union, 
 and bidding farewell to those present, said that he 
 would endeavor to give them satisfaction, and advised 
 them not to be easily displeased one with another, to be 
 slow to anger, and swift to charity. 
 
 On June 25, the Proprietary, thus untra mm elled as 
 Governor, sent for Shippen, Carpenter, Moll, Turner, 
 Owen, Clark, Pusey, and Growdon to come to his house 
 in Philadelphia. To those appearing, he said that it 
 was not fit that he should be without a Council, and he 
 had chosen them to belong to one. They then signed a 
 qualification, which he had prepared. Those who were 
 absent that day signed subsequently, and Thomas Story 
 was admitted and qualified on the 26th, Penn making 
 him also Master of the Rolls. Of these nine, Moll alone 
 represented the Swedish or Dutch element; all the 
 others belonged to the Society of Friends, except 
 Turner, the Keithian. 
 
 A few days before this, one of the commissions being 
 dated June 20, 1700, the Proprietary undertook to 
 appoint Water Bailiffs, commissioning two of the 
 Sheriffs as such, authorizing them to execute upon the 
 river or waters of the Delaware from end to end of 
 their respective counties all writs and other process 
 upon any person or ship or goods from any court of 
 record. The occasion was that a vessel in port had 
 fired through a house in the middle of the quay. Quary 
 was absent, but Moore called the Proprietary's atten- 
 tion to the affair, but the Proprietary found it an acci- 
 dent; nevertheless he perceived the danger of there 
 being no one to enforce law upon the river. Quary, on 
 his return, complained to Penn : if the latter could take 
 the rivers, Quary must lose all authority ; for his com- 
 mission as Judge of Vice Admiralty did not extend to 
 the high seas. Penn told the Sheriffs, one of whom
 
 Penn's Second Marriage and Second Visit. 385 
 
 had served only two writs as Water Bailiff, and the 
 other had served none, to forbear acting in such capac- 
 ity until further order, but Penn contended for his right 
 to make the appointment, offering to have the same 
 decided by the Admiralty in England. This not being 
 taken up, the Proprietary, on leaving, granted the same 
 powers to the Corporation of the City, and in July, 
 1702, the Attorney-General and Advocate-General in 
 England gave their opinion that the commissioning of 
 a Water Bailiff to act upon the rivers within a county, 
 but not on the high seas, was in fact appointing a Sher- 
 iff, and not an interference with the Admiralty. The ab- 
 sence of Quary for months at a time upon private busi- 
 ness, besides his attention to duties away from Phila- 
 delphia, kept him rather clear of the clashing of the 
 other Churchmen with the Quakers, and, while irritated 
 at times by Penn's meddling with the exercise of Ad- 
 miralty power, Quary kept on civil terms with Penn 
 throughout the latter 's stay. 
 
 Randolph, in " Articles of High Crimes and Mis- 
 demeanors charged upon the Governors of several 
 Proprieties [Proprietary provinces]," read to the 
 Commissioners for Trade on Mch. 24, 1700-1, says that 
 not long before he wrote, two persons had been tried 
 and condemned in the Lower Counties, the Judges and 
 juries not being sworn, and the condemned had been 
 executed, while in Pennsylvania proper one person had 
 been tried, condemned, and executed, the Judge and 
 jury not being sworn. All this seems to have taken 
 place before the arrival of Penn. 
 
 The great change which had taken place within ten 
 years in the character of the immigration made the 
 question of oaths of more practical importance than 
 merely enabling Randolph to pick a flaw, or embarrass- 
 ing the punctilious Quary, or letting anti-Quakers pre- 
 tend that they as a class were in greater danger than 
 the other inhabitants. When so moral a community 
 
 25
 
 386 Chronicles op Pennsylvania. 
 
 as the Quaker settlers filled at least the Upper Coun- 
 ties, it was safe to take the word of a neighbour 
 solemnly promising to speak the truth; in fact even 
 the promising provided for by the law of 1682 seemed 
 a superfluous formality, for a good Quaker or any 
 right-minded man would, when justice was involved, 
 tell the truth without promising to do so: but there 
 were now coming men of inferior conscience, of indif- 
 ference to justice and virtue, and glad to find in their 
 not being under oath an excuse for helping an asso- 
 ciate. The customs officers, dependent, as they neces- 
 sarily were, upon the testimony of just such men, doubt- 
 less were having increased difficulty in the enforcement 
 of the severe laws, when the testimony was not sworn 
 to : and all citizens might well feel themselves in danger 
 from the animosity of future witnesses who were not 
 reminded of their accountability to God. When a man's 
 liberty or property, and particularly when his life de- 
 pends upon the story told by some low character, it is 
 necessary to take great precautions against falsehood, 
 and some persons who can not be terrorized by human 
 laws against false witness can be controlled by relig- 
 ious, perhaps what the reader may call superstitious, 
 fears. The "hot Church party" would doubtless have 
 liked to see, mainly, perhaps, for the strangulation of 
 Quakerism, the abolition of all affirmations, but, this 
 being impossible, wanted, for individual protection, the 
 affirmations to have the form and limited use men- 
 tioned in the English statute of 7 & 8 Wm. Ill allowing 
 Quakers to affirm : while, on the other hand, the extreme 
 Quakers in Pennsylvania set themselves against any 
 mention of God in the attestation. 
 
 We learn from the aforesaid "Brief Narrative" in 
 Perry's Collections that, after the Assembly had ad- 
 journed, Penn declared it his pleasure that some of the 
 Churchmen should have a share in the government, and 
 induced three of the Vestry of Christ Church to accept
 
 Penn's Second Marriage and Second Visit. 387 
 
 seats on the bench for the County of Philadelphia, the 
 other Justices then appointed being ' ' six strong Foxian 
 Quakers, one Swede, and a sweet Singer of Israeli." 
 It can be made out from Logan's letter of 3rd mo. 2, 
 1702, that Andrew Bankson was the Swede, and that 
 John Moll was the Sweet Singer of Israel. Moll, from 
 Amsterdam, after residing at the Delaware settlement 
 for a number of years, was one of the Labadist 
 grantees of part of Herman's Bohemia manor in 1684, 
 and was mentioned with others in 1692 as living on 
 Bohemia River "peaceably and religiously." The 
 Labadists were the flock of Jean de Labadie, a native 
 of France, who had been a Jesuit, and favored by 
 Richelieu, but became a Reformed minister, and emi- 
 grated to Holland after inculcating pietism and mysti- 
 cism, and ultimately established himself at Altona. 
 Transferring themselves to the region between Dela- 
 ware Bay and the Chesapeake, some members of his 
 congregation lived together some years as an industrial 
 religious fraternity. The application of the name 
 "Sweet Singers of Israel" to the Labadists is not 
 otherwise known, but seems in line with the fact that 
 Jasper Danckaerts, their leader in Maryland, had trans- 
 lated the Psalms into rhyme in Low Dutch. 
 
 When the first quarter session after the appointment 
 of these Justices was held, the first person called upon 
 to give evidence asked that he be sworn. Some may 
 question whether this was done in good faith, but the 
 "Brief Narrative" meets the objection by the state- 
 ment that oaths had been administered in such court 
 ever since Penn received the government from King 
 Charles II, Judges qualified to administer them being 
 appointed, but the statement that these very Quakers 
 had been on the bench may be incorrect as to Shippen, 
 who was not an old resident. It is more likely that the 
 administration of oaths, since the grant to Penn, had 
 started upon the enacting of Fletcher's law, which had
 
 388 Chronicles of Pennsylvania. 
 
 not been repealed, and which, by using the word "may" 
 instead of "shall," had altered the requirement of 
 qualifying by merely promising into a permission to 
 qualify in that manner. On the present occasion, the 
 Episcopalian Justices said that the demand was reason- 
 able, and that they supposed themselves appointed for 
 the purpose of administering oaths to those who were 
 willing to take them. The Quakers interposed, declar- 
 ing that they could not conscientiously remain where 
 an oath was being taken. The Churchmen urged that 
 it was only fair that others as well as Quakers should 
 have the liberty of giving evidence according to their 
 own way ; and finally proposed that the affirmation al- 
 lowed to the Quakers in England by Act of 7 & 8 
 William III be used, viz: "I. A. B. do declare in the 
 presence of Almighty God the witness of the truth of 
 what I say." The Quaker Justices declared that this 
 naming of God made the affirmation objectionable, and 
 that, as was perfectly true, the Act of Parliament gov- 
 erned only in the places it named, England, Wales, and 
 Berwick. Penn "outwardly," says the "Narrative," 
 but surely with a sincere wish for harmony, endeavored 
 to induce the Quakers to recede from their position, 
 telling them that he had taken the affirmation in Eng- 
 land, and that they could sit on the bench while an oath 
 was being taken, without being concerned in it. The 
 fact was that these of his co-religionists had more 
 radical ideas and stronger wills than his. He could not 
 control them, but was compelled to fight on their side. 
 He had accomplished much in inducing the Quakers in 
 power in the Province, men not at all amenable to fear, 
 and little to expediency, to comply with the require- 
 ments of the home government that Morris and Lloyd 
 should cease to hold office. It is clear that the Proprie- 
 tary had pressed his influence as far as it would go. 
 The attitude of the Assembly further warned him that 
 he was not master of the money-voting power. The
 
 Penn's Second Marriage and Second Visit. 389 
 
 "Narrative" says: "The scene was presently changed 
 by making his personall appearance in the courte lay- 
 ing the whole blame upon the Churchmen, ... in 
 so much that he must be constrained to ride up & down 
 the country, and shew his letters patent to satisfy the 
 people of his authority . . . ." Possibly, as we 
 have not heard Penn's side in the affair, there was 
 something to call for this in the Churchmen's argument. 
 Declaring that he had palatine powers, which was cor- 
 rect, and claiming that the province had been given to 
 him to relieve his people from oaths, he caused a new 
 commission to be read appointing the six Quakers, the 
 Swede, and the Sweet Singer, and leaving out the 
 Churchmen. Two years later, when the charges em- 
 bodied in the "Narrative" were heard of in Pennsyl- 
 vania, four of the Quakers concerned made an affidavit, 
 spoken of in Logan's letter before mentioned, as an 
 answer about turning out the magistrates. The other 
 Quakers were John Jones, who in 1702 was in Barbados, 
 and John Bevan, who, residing in another county, never 
 served. The certificates and affidavits contradicting the 
 "Narrative" have not been found, and their scope and 
 force can not be observed. 
 
 Feeling the necessity for a written constitution, for 
 a law of property, and for a tax for the support of the 
 government and the payment of public debts, Penn 
 summoned an Assembly of four from each county 
 chosen on October 1, 1700. Several of the Councillors 
 were elected Assemblymen, and were temporarily ex- 
 cused from service in the Council. Humphrey Morrey, 
 Richard Halliwell, Jasper Yeates— the two last being 
 non-Quakers, — and Phineas Pemberton, William Biles, 
 and John Blunston, Quakers, entered the Council about 
 this time. Growdon was Speaker of the Assembly. 
 The session was at New Castle, and one hundred and 
 nine laws were passed, Penn duly publishing them 
 under the great seal on November 27. Most of them
 
 390 Chronicles of Pennsylvania. 
 
 were re-enactments or slight modifications of the laws 
 in the Petition of Right. An allowance was established 
 for each member of the Assembly of 6s. for each day 
 of attendance, and 3d. per mile travelling, the Speak- 
 er's daily allowance being 10s. There was some adjust- 
 ment of the matter of oaths, thus : the radical Quaker 
 formula of promising to perform official duty was fol- 
 lowed in an act directing the attests of several officers, 
 jurors, and attorneys, but a section was added that a 
 magistrate who had no scruples against administering 
 an oath should be allowed to do so to those who were 
 free to take it; a clause to salve the conscience of 
 Quaker Justices was inserted, that the act should be 
 deemed that of the magistrate alone, and so entered on 
 record, but be as valid as if done in the name of the 
 court; Fletcher's law allowing testimony by "solemnly 
 promising" was re-enacted. The promise for the at- 
 torneys was so thorough-going as to discourage any 
 conscientious observer of it from practising law. The 
 sum of 2000?. was voted to Penn. It was apportioned 
 among the counties, no two paying the same amount, 
 and was to be raised by assessing on all estates with 
 some exceptions as much as would be required, with a 
 poll tax of 4s. on every person not otherwise rated, to 
 make up the county's share. Although Penn may have 
 been worth this much to the People, and certainly to 
 those who enjoyed civic importance under him, yet the 
 tax was not popular, and was not paid with alacrity, 
 and, before the following July, many, for one reason or 
 another, refused to pay it. 
 
 It was also enacted that any person speaking, acting, 
 or writing anything tending to sedition ' ' or disaffection 
 to this government" or disturbance of the peace, or 
 spreading false news tending thereto, should be im- 
 prisoned three months, or fined not less than 51., in the 
 discretion of the Justices of the County Court. This 
 law was repealed by Queen Anne.
 
 Penn's Second Marriage and Second Visit. 391 
 
 Among these laws of November 27, 1700, was one 
 fixing the number of Assemblymen from each county 
 at four, and prescribing the qualification for voters and 
 Assemblymen, as follows: a native born subject of 
 England or one naturalized either in England or the 
 Province (meaning the Lower Counties as well), of 
 age and wealth as in Markham's Frame of 1696, also 
 resident two years before the election. This qualifica- 
 tion, confirmed and re-enacted, remained requisite in 
 Pennsylvania until the American Revolution. 
 
 Fletcher's marriage law of 1693 allowed marriages 
 in the parties ' religious society, or by persons author- 
 ized by the Church of England and observing the laws 
 and usages of England, to be without the otherwise 
 required presentation to a religious society or Justice 
 of a certificate of clearness of all engagements, and 
 affixing to the door of a court house or meeting-house 
 a declaration of intention one month before solemniza- 
 tion, which solemnization was to be by taking for hus- 
 band and wife in presence of twelve witnesses, one 
 being a Justice. As declarations had been put up at 
 night, and taken down in the morning, and banns had 
 been given out where the parties were unknown, one 
 act of Nov. 27, 1700, required the date of affixing to be 
 added by a Justice, and made such affixing necessary 
 also for marriages in a religious society. Penalties 
 were prescribed in case of marriage of a servant 
 without the master's consent. Any person marrying 
 or joining in marriage contrary to the act was to pay 
 101. to the Proprietary; the "persons so joining others 
 in marriage" were to forfeit 201. to the Proprietary, 
 and pay damages to the party aggrieved. Ecclesias- 
 tical canon, however, provided for the marriage of per- 
 sons of full age, not within the prohibited degrees, if 
 banns had been given out three times. The Vestry 
 of Christ Church under date of Jany. 28, 1700-1, made 
 a representation to the Lords for Trade against royal
 
 392 Chronicles op Pennsylvania. 
 
 allowance of this act, as interfering with the free exer- 
 cise of the Churchmen's religion. The representation 
 made mention also of there being no militia or military 
 commissions outstanding or any gun mounted, while 
 taxes had been imposed to give Penn large sums, also 
 of the law about speaking or writing against the gov- 
 ernment, and of the interpretation being in the hands 
 of Quakers, there not being one magistrate belonging 
 to the Church of England, and of the attestation tend- 
 ing to deprive the Churchmen of having lawyers, and 
 furthermore of the Quakers being less in number than 
 the non-Quakers. This estimate, very different from 
 Penn's, may have related to the whole dominion, in- 
 cluding the Lower Counties; and Penn's, only to Penn- 
 sylvania proper. 
 
 The one known case of sentence under the aforesaid 
 act was where the master abetted the marriage of his 
 servants. John Keble, planter in Kent County, had 
 procured certain of his servants to be married at his 
 house by an Anglican minister, whom he was en- 
 tertaining. The minister was prosecuted, and fined 
 201., according to the act, and was obliged to keep 
 away from Keble 's, to avoid imprisonment for not 
 paying; while Keble 's affidavit, put in shape by the 
 Vestry of Christ Church, speaks of himself being prose- 
 cuted, and of his suffering distraint to the value of 14Z. 
 Is. This was resented as an interference with the 
 Church of England; and Bp. Compton objected on Dec. 
 29, 1701, to the act as making it impossible for any but 
 Quakers to live in the country subject to it, probably 
 not only from the canon's silence as to the master's 
 consent, but because the people of other religious so- 
 cieties, having scarcely a house of worship in any 
 neighbourhood or a minister in the whole dominion, 
 could be married under their own form only as sud- 
 den opportunity offered.
 
 Penn's Second Marriage and Second Visit. 393 
 
 The requirements of this law figured in the case of a 
 young Quaker in prison upon the charge of the capital 
 crime of rape. The woman, having made the charge, 
 but being told that a wife could not testify against her 
 husband, was induced to marry the culprit, so as to 
 save his life by disqualifying herself as a witness. No 
 publication of intention one month previously could be 
 made. She went to the prison, and married him there, 
 and a certificate under the hands of thirteen persons 
 was duly made. The law of marriage was deemed vio- 
 lated, but the bridegroom was admitted to bail, as 
 likely to be acquitted, and, in view of the opinion of 
 both of the two lawyers in the colony, was never tried. 
 
 Apart from requiring an oath for registering vessels, 
 which Penn was endeavoring to have cured by an Act 
 of Parliament, the Trade and Navigation laws, as we 
 have seen, were very harsh, whether enforced by rea- 
 son of the cupidity or the sense of duty of the Crown's 
 local representatives for such matters. A particularly 
 hard case was that of the ship "Providence," Capt. 
 John Lumby, owned by residents of Hull. Although 
 entitled to registration as an English vessel, she had 
 sailed without registration papers. Intending to put 
 in to Virginia or Maryland, in stress after five months 
 at sea, but, mistaking the capes of Delaware Bay for 
 those of the Chesapeake, Lumby had brought her 
 within the jurisdiction of Quary, and had begun to 
 break bulk. Moore, the Advocate, acting as informer, 
 she and her cargo had been seized before Penn's visit. 
 The sympathy of the trading community being particu- 
 larly excited by the affair, disinterested merchants 
 offered to go security for answering in the Court of 
 Admiralty in England, if the voyage were allowed to 
 be continued. After argument and trial, in which 
 Lumby 's evidence to excuse himself was not able to be 
 admitted, Quary, as Admiralty Judge, had felt bound 
 to decree condemnation; the law absolutely requiring
 
 394 Chronicles of Pennsylvania. 
 
 a register, and, moreover, the waiving of it in any case 
 tending to making the law a dead letter. Quary was 
 liable to removal, if not further punishment, for any 
 neglect to give the King his right. Recognizing that 
 this case was a hard one, Quary did not speedily order 
 a sale, but sent the goods to the King's store, and left 
 the vessel in the captain's care, while a merchant going 
 to England undertook to obtain relief. He appears to 
 have notified Penn, but was reported to have failed. 
 After nine or ten months, the goods beginning to de- 
 teriorate, Quary caused an appraisement as low as pos- 
 sible to be made; and the captain, about July, 1700, 
 wishing to buy the ship, Quary arranged that the in- 
 former would compound cheaply for his third, and 
 Penn agreed to give his third, leaving the King alone 
 interested in the proceeds of sale. Before the scheme 
 could be carried out, there arrived an inhibition from 
 the High Court of Admiralty in England for the pur- 
 pose of having the case heard there. The High Court 
 confirmed Quary 's judgment of condemnation. On an 
 order from the High Court, Penn had his third ap- 
 praised, and so the value of the King's third was shown 
 to be greater, making the low appraisement look sus- 
 picious. Penn's and the informer's thirds were handed 
 over in kind to them respectively, Penn's going to the 
 owners. The goods left for the King and those de- 
 livered to the informer were put up for sale, and the 
 former owners were obliged to let them go, or pay high 
 for them. Quary combatted before the Board of Trade, 
 Penn's subsequent representations (printed with Penn 
 and Logan Correspondence) as to Quary 's conduct in 
 this matter. 
 
 A letter from the King ordering a contribution of 
 £350 sterling towards erecting forts on the frontiers of 
 New York &ct., obliged Penn to summon the prorogued 
 Assembly to meet on August 1, 1701. When the mem- 
 bers appeared before him, he apologized for bringing
 
 Penn's Second Marriage and Second Visit. 395 
 
 them together at that season of the year, and asked 
 them to give serious consideration to the message from 
 the King. In a few days, the Speaker returned an- 
 swer, that, by reason of the expenditure by the in- 
 habitants in settling, and the great sums lately assessed 
 in imposts and taxes, and the arrears of quit rents, 
 the present capacity would hardly admit of levying 
 money at that time, and, as it was understood that the 
 adjacent colonies had done nothing, the members hoped 
 that the matter would be postponed, and that repre- 
 sentation would be made to the King of their condi- 
 tion and willingness according to ability to answer as 
 far as religious persuasion would permit. Seven mem- 
 bers from the Lower Counties, viz: Halliwell, Robert 
 French, Yeates, John Healy, John Brinckloe, John 
 Hill, and Luke Wattson Jr., made a separate address, 
 asking that no contribution be expected for forts 
 abroad, until they were able to build some at home, they 
 being daily threatened with war, but unable to furnish 
 themselves with arms and ammunition, having used 
 up their money "in making tobacco, which hath proved 
 very advantageous for the Kingdom of England," yet 
 the King's Majesty had not taken notice of them "in 
 the way of protection," for they had neither standing 
 militia nor persons empowered to command the people 
 in case of invasion. "With such opposition from both 
 elements in the Assembly, Penn could do nothing but 
 dissolve the body. He wrote or had written to the 
 Governor of New York, that, even if he, Penn, were 
 obliged to pay the money out of his own pocket, it 
 should not be wanting for the King's service. The 
 Governor replied that he needed neither men nor 
 money, but Col. Kramer, the engineer whom the New 
 Englanders kept from him. 
 
 On 6, 21, 1701, Penn received news by the ship 
 "Messenger" of efforts to procure an act of Parlia- 
 ment uniting all Proprietary governments to the
 
 396 Chronicles of Pennsylvania. 
 
 Crown, a bill for that purpose having been already 
 introduced into the House of Lords. It was thought 
 inevitable that it would pass at the next session, unless 
 Penn went to England to fight it. On the next day, 
 the Council agreed to have Assemblymen chosen on the 
 4th of September to meet on the 15th. 
 
 For his assistance, subscriptions were sought 
 through the gatherings of Friends for the Monthly 
 Meetings, the subscribers to be reimbursed with land 
 near the Susquehanna. 
 
 At the meeting of the Assembly, Penn told of the 
 necessity for him to leave, and his resolution to return, 
 and to settle his posterity in Pennsylvania: he asked 
 the members to think of some suitable provision for 
 safety in privileges and property, and to review and 
 perfect the laws, and to give the postponed considera- 
 tion to the King's letter. It seems as if the mention of 
 property was a slip of the tongue, or at least that what 
 Penn intended was a charter which might protect re- 
 ligious immunities, in anticipation of the possible trans- 
 fer of the government, and under which, if the govern- 
 ment were not taken by the Crown, his own heirs and 
 assigns would not be as near absolute as King Charles 's 
 patent made them. 
 
 The controversy precipitated in a few days over 
 questions strictly of property has been detailed in the 
 chapter upon the Acquisition and Distribution of the 
 Land. 
 
 Penn called the Assemblymen before him on the 29th, 
 and asked what progress had been made in the matter 
 of the King's letter, and expressed wonder that nothing 
 had been sent to him in amendment of the laws, and 
 that the opportunity was not being embraced of secur- 
 ing the freemen in their privileges, he desiring to part 
 with them lovingly, and having no longer than three 
 weeks to stay. Joseph Growdon, the Speaker, reported 
 the resolution of the House, — it had been carried unani-
 
 Penn's Second Marriage and Second Visit. 397 
 
 mously, — asking to be excused for the present from 
 responding to the King's request, the country having 
 been much drained of late by paying debts and taxes, 
 and it not appearing what other colonies equally con- 
 cerned had done on like demands ; the representatives 
 had been going over the laws; as to privileges, — the 
 authors of the message must have been in bad humor, — 
 they felt that they had sufficient as Englishmen, and 
 were inclined to leave the rest to Providence. Never- 
 theless, some days later, while certain laws were being 
 considered, Penn had a Charter of Privileges drafted 
 and submitted to the House. 
 
 A plea having been set up by certain inhabitants of 
 Philadelphia County against the legality of the tax im- 
 posed by the law passed at New Castle, on the ground 
 that New Castle was outside the bounds of the Province 
 granted by Charles II, the magistrates asked that the 
 laws passed at New Castle be confirmed. A bill for 
 that purpose was prepared and sent by the Council to 
 the Assembly, where it was received on October 10th. 
 Thereupon the members from New Castle and Kent 
 and one from Sussex decided to withdraw from atten- 
 dance, and said, in a paper addressed to the Governor, 
 that the consequences would be fatal to the Lower 
 Counties, if their representatives must come into Penn- 
 sylvania to make laws affecting them. Penn told the 
 seceders that he was grieved at the prospect of a divi- 
 sion of a union which had cost him 2000 or 3000Z. They 
 replied that, however the union was intended, the Terri- 
 tories were great sufferers from it, and could not sup- 
 port the burden of the expense. He then said that they 
 were free to break off and act by themselves, when they 
 could do so upon amicable terms. Pleased with his 
 declaration that they were free to break off, and have 
 a distinct legislative body, the seceders went back, but 
 the representatives of Pennsylvania refused, in pass- 
 ing the confirmation, to express any salvo of the privi-
 
 398 Chronicles of Pennsylvania. 
 
 leges of the Lower Counties. Some of the seceders 
 again retired; but Perm again brought them together. 
 
 Notifying the Assembly of having written to Eng- 
 land to procure the King's approbation of Col. Hamil- 
 ton, Governor of the Jerseys, as the acting Governor 
 of Pennsylvania and Territories, Penn asked for the 
 nomination of fit persons to administer the govern- 
 ment from Penn's departure. The Assembly acknowl- 
 edged this evidence of his good will, but requested to 
 be excused, leaving the choice to him. He duly notified 
 the Assembly that the support of Hamilton would fall 
 upon the colonists, and not upon the titular Governor, 
 whose Deputy he would be. The House forwarded the 
 request of some inhabitants of the city that the burdens 
 on trade, such as the impost on liquors, be remitted. He 
 replied that he would have accepted an equivalent, but, 
 as the session must close, it was too late ; so the House 
 voted that the impost be continued, unless 300£. be se- 
 cured to him before he sailed, payable within six 
 months. This was not secured. 
 
 The House had actually, on October 27, sent an 
 answer, in the determination to regulate the resurvey- 
 ing of property, that a certain Charter of Property 
 must be passed first, and, dependent upon such action, 
 the bill for the confirmation of the laws : but this stand 
 was not adhered to, and among the laws which received 
 the great seal on October 28 was one confirming ninety- 
 six laws passed at New Castle. In re-enacting the law 
 about marriages, there was an endeavor to appease the 
 Churchmen by leaving out of the proviso the require- 
 ment that intentions be published, and substituting a 
 requirement of a month's previous notice to parents, 
 masters, mistresses, or guardians as the only condition 
 upon which the law was not to refer to a marriage in 
 the religious society of the parties. This law was al- 
 lowed by the Queen. 
 
 The law passed on Oct. 28, 1701, for establishing
 
 Penn's Second Marriage and Second Visit. 399 
 
 courts of judicature in the Province and Territories, 
 and under which justice was administered for about five 
 years, provided for county courts holding sessions 
 quarterly, that for Philadelphia beginning the first 
 Tuesday in March, June, September, and December, 
 the county courts trying all criminal cases except for 
 certain offences, and trying all civil cases. They were 
 furthermore authorized to hear and decree all matters 
 of equity, and it may surprise some who speak of a 
 subsequent Governor's Court of Chancery as the first 
 in Pennsylvania, to read that the proceedings in these 
 county courts in equity were to be by bill and answer 
 and ' ' such other pleadings as are necessary in chancery 
 courts, and proper in these parts, with power also for 
 the said justices to force obedience to their decrees in 
 equity by imprisonment or sequestration of lands, as 
 the case may require." It is fair to assume that the 
 facts for equitable relief were found by a jury, and not 
 by a master or a judge. There was to be a Provincial 
 Court, or, in other words, a Supreme Court over the 
 whole Province and Territories, for appeals and for 
 trying treason, murder, and certain other crimes, in- 
 cluding burglary and burning of houses. From judg- 
 ments on appeals there could be appeal to England on 
 deposit of the amount of money involved, or giving 
 security in double the amount. The county Justices 
 with the Begister-General or his deputy in each county 
 were to form an Orphans' Court. 
 
 The Charter of Privileges involving a Frame of Gov- 
 ernment proposed by Perm did not satisfy the people 
 of the Lower Counties, but after some emendation was, 
 upon the day of adjournment, executed by the Pro- 
 prietary in the presence of his Council, and probably 
 of a number of Assemblymen including the Speaker. 
 It was said that less than a majority of the House 
 adopted the Charter. The House was not in actual 
 session when the Speaker appended his signature to
 
 400 Chronicles of Pennsylvania. 
 
 a certificate that the Charter had been approved and 
 agreed to, and was thankfully received, and that he 
 signed by order of the Assembly. As thus established, 
 this instrument of October 28, 1701, in connection with 
 Charles II 's patent to Penn, was the written constitu- 
 tion of Pennsylvania proper until the Revolutionary 
 War. The provisions will be stated in the next chapter. 
 
 The bill relating to property was not agreed upon. 
 On the last day of the session, the House made certain 
 offers, but Penn, rejecting these, summoned the repre- 
 sentatives to his residence, expostulated with those who 
 came, told them that he had scarcely half an hour to 
 spend with them, pressed his latest proposal upon 
 them, and advised them to go. into his parlor and con- 
 sider it. They accordingly retired to his parlor, and, 
 in about an hour, sent word in writing that they could 
 not depart from their former concession. 
 
 On October 28, 1701, the Assembly was dissolved, and 
 a new Charter for the City of Philadelphia was signed 
 by Penn with several commissions. One of these com- 
 missions named as a Council of State to advise the 
 Governor or Deputy-Governor, and in the absence of 
 both to exercise the powers of government, the follow- 
 ing " trusty and well beloved friends," viz: Shippen, 
 Guest, Carpenter, Clark, Story, Owen, Pemberton, 
 Samuel Finney (mentioned in chapter on the People), 
 Pusey, and Blunston, the first named to take the Chair 
 on failure of the Lieutenant-Governor to name a Presi- 
 dent. Four were to be a quorum to advise, and five to 
 be a quorum to exercise the powers of government. 
 The Lieutenant, or Deputy, Governor, could add new 
 members. 
 
 Penn had intended to take with him to England one 
 or two Pennsylvanians, and to leave his wife and baby 
 and Laetitia to await his return : but he was obliged to 
 do without advisers or aids from the colony, as neither 
 Hannah nor the daughter could be prevailed upon to
 
 Penn's Second Marriage and Second Visit. 401 
 
 stay without him. They went down on a yacht to New 
 Castle, where the whole family embarked on the ship 
 "Dolmahoy." The ship remained a few days after- 
 wards at New Castle. About this time, Quary, sent 
 for by persons in England to promote the abolition of 
 Proprietary governments, found that there was a 
 vessel about to sail from Virginia; so he hastened 
 thither, in hopes of reaching England as soon as Penn. 
 David Lloyd went to New Castle, and submitted to Penn 
 a Charter of Property, which, at the entreaty of several 
 persons, Penn signed and handed over to the Secretary 
 with a paper, dated 8ber 31, explaining that he had 
 not had time to digest the terms, especially as to courts, 
 and postponed the complete passing of the Charter 
 until he could see the state of affairs in England, that 
 he could not give such rights to persons in Pennsyl- 
 vania alone, this Charter not mentioning the Lower 
 Counties, that he confirmed the part relating strictly 
 to land : he accordingly in this paper ordered Governor 
 Hamilton to have the great seal affixed at the end of 
 six months, if no message were received to the con- 
 trary, and promised to execute such Charter or one 
 which counsel in England would advise, as well as a 
 suitable Charter of Property for the Lower Counties, 
 if they wished it. 
 
 The "Dolmahoy" went aground in the Bay, but got 
 off without much damage. Logan accompanied his 
 master as far as the Capes, receiving a letter of in- 
 structions from him dated on shipboard, 9mo. 3. The 
 remainder of the passage was a swift one, twenty-six 
 days from land to soundings, thirty to Portsmouth. He 
 sent back a message, dated January 8, 1701-2, annull- 
 ing the Charter of Property, that is ordering the seal 
 not to be put to it, unless within six months he should 
 change his mind. This he did not do. 
 
 26
 
 CHAPTER XIII. 
 
 Government by Penn's Friends. 
 
 The new Frame of Government — The result of 
 Penn's visit a reduction of the People's power. — 
 Political situation of the Churchmen — Parmiter 
 — Quary's military scheme — Andrew Hamilton 
 and his namesake — Changes in the Council — 
 Anne becomes Queen — Pennsylvanians ready to 
 accept Lord Cornbury — War with France and a 
 voluntary militia — Legislative separation from 
 Lower Counties — Failure of bill to abolish Pro- 
 prietary governments — Disagreement about trying 
 capital cases — Hamilton approved for one year — 
 Queen's order as to oaths — Hamilton's death — 
 Shippen and fellow Councillors — Mompesson — 
 Value of foreign coins — Indians and the traders 
 among them — Approval of a Lieutenant-Governor 
 — Lord Cornbury wanted by Churchmen — The 
 Assemblymen chosen in 1703 — Gov. Evans and 
 William Penn Jr. arrive — New Councillors — The 
 legislative separation of Lower Counties confirmed 
 — Penn's reservation of assent to laws declared 
 void — Assembly addresses Queen concerning oaths 
 — Penn's financial circumstances — The Ford 
 claim pressed — Penn asks for a house in Phila- 
 delphia and annuity — Penn offers to sell the 
 government — Suggestion to pay Quary, Moore, 
 et al. to leave — Solicitude of Penn's friends as 
 to selling value of the Governorship. 
 
 The new Charter of Privileges, or written Constitu- 
 tion, had as its first clause practically the old law for 
 liberty of conscience, and that all persons professing be- 
 lief "in Jesus Christ the Saviour of the World" should
 
 Government by Penn's Friends. 403 
 
 be capable of serving the government on solemnly- 
 promising, when required, allegiance to the King, and 
 fidelity to the Proprietor and Governor, and on taking 
 the attests prescribed in the law passed at New Castle 
 as recently amended and confirmed. Four members 
 annually chosen from each county were to form an 
 Assembly, the right to choose or be chosen being lim- 
 ited according to the law passed at New Castle. Two 
 persons for each county were to be chosen triennially, 
 from whom the Governor should select the Sheriff, and 
 two from whom the Governor should select the Coroner, 
 the Sheriff and Coroner serving three years. Criminals 
 should have the same privileges of witnesses and coun- 
 sel as their prosecutors. No person should answer re- 
 lating to property before the Governor and Council or 
 elsewhere than in the courts of justice, unless appeals 
 were appointed by law. No person should keep a house 
 of public entertainment unless licensed by the Governor 
 upon recommendation by the county Justices. The 
 estate of any person killing himself should descend as 
 if he had died a natural death. The Charter could be 
 changed or diminished in effect only by the Governor 
 and six sevenths of the Assembly met. A postscript 
 was added allowing within the next three years the 
 representatives of either Pennsylvania or the Lower 
 Counties by a majority vote to withdraw from the As- 
 sembly, and establish a separate legislature, that for 
 Pennsylvania to consist of not less than eight members 
 from each county and also two members from the town 
 of Philadelphia. 
 
 When we compare the old constitution with this 
 Frame and various other arrangements left by Penn, 
 we can state the great result of his visit to have been 
 a change of the government from one by the People to 
 one by the Proprietary's friends. To be sure, while the 
 City Corporation received somewhat greater powers 
 than what the City's charter signed by Lloyd in 1691
 
 404 Chronicles of Pennsylvania. 
 
 had given, and the right to elect officers and fill vacan- 
 cies had made the new as well as the old a close cor- 
 poration, the body was independent, and the members 
 appointed by the charter of the new to serve at first, 
 except Shippen, the Mayor, and Story, the Recorder, 
 and one or two others, could hardly be called Penn's 
 close friends. Not so, however, as to province 
 and county. Logan wrote some years later that 
 Penn, at a time not specified, was inclined for an 
 aristocracy, and had designed to give to an upper 
 element control, but was thwarted by some individ- 
 uals. If this was the case at the preparation of the 
 Frame of 1701, it is to be inferred that David Lloyd 
 was the chief obstructor. Far from being democratic, 
 what Logan says was made republican, was made mon- 
 archic. Under the Frame of 1683, and even under that 
 of 1696, the free men of Pennsylvania and Delaware 
 after a short residence or at least those who had a little 
 property, had been able not only to force or retard 
 legislation, but, except within the sphere of the City 
 charter of 1691, to control, by their delegates in the 
 Provincial Council, the management of all public 
 affairs. Under the Frame of 1701, the Governor had 
 an absolute veto upon laws, and there was no Upper 
 House elected to participate in executive business. All 
 the power left in the People was that a part of the 
 People could choose an Assembly, like the English 
 House of Commons, to do only what the House of Com- 
 mons at that time could do, viz : propose laws, and offer 
 money. The acting Governor or the Governor-in-Chief 
 behind him was to be supreme, like a local king — that 
 is, a king of that day, no mere figure-head, like a mod- 
 ern constitutional monarch. Furthermore, the advisers 
 of the acting Governor, like the contemporary cabinets 
 of kings, and unlike to-day's Parliamentary ministries, 
 were to be independent of the voters. It also can be 
 said that, beginning with the first Hamilton, and until
 
 Government by Penn's Friends. 405 
 
 the close of this history, the Lieutenant-Governors 
 personally had less in common with the inhabitants 
 than those appointed before 1700. Of those earlier 
 ones, Blackwell, to be sure, had been a stranger, but 
 Markham was the leader whom the purchasers from 
 Penn had followed to their new home, and Thomas 
 Lloyd had the respect of the majority of the settlers 
 as a preacher and sufferer for their religion, while the 
 other Commissioners of State and the Assistants were 
 such as the planters, left to their own judgment, might 
 have elected. 
 
 One explanation of the change in the constitution, 
 or a contributing motive for it, may have been the idea 
 that only a ruler independent of the People can pre- 
 serve the liberties of the minority, and Penn must have 
 foreseen that the Quakers, for whose enjoyment of 
 privileges his colony had been started, were about to 
 become the minority in it. He left the government well 
 organized against the Churchmen, likely to include the 
 poorer immigrants of the future, and to bring into co- 
 alition with themselves the Lutherans, Presbyterians, 
 and Baptists on the question of war and oaths. With 
 the Quaker landholders preponderating in the Assem- 
 bly, and with the judiciary filled as he had chosen, 
 nothing contrary to the consciences of his fellow re- 
 ligionists could be imposed, except by the government 
 in London, and, being in England, he might influence 
 those officials to be considerate. 
 
 The active Churchmen wished the Province and Ter- 
 ritories put under a Governor selected by the Cabinet 
 ministers, and holding directly under the Crown. 
 Quary carried over to England two addresses, one, 
 dated Oct. 25, from eight representatives of the Lower 
 Counties, Yeates, Halliwell, Adam Pieterson, Luke 
 Wattson Jr., William Eodeney, John Brinckloe, John 
 Walker, and John Donnaldson, complaining of Penn's 
 giving no satisfaction about defence. Yeates at least
 
 406 Chronicles of Pennsylvania. 
 
 was a Churchman, and in the Lower Counties the non- 
 Quakers were strong. The other address was from the 
 Minister and some of the Vestry of Christ Church, 
 dated Oct. 27, setting forth certain failures of justice 
 under Quaker control of the judiciary. Rather un- 
 gratefully, we should say, John Moore signed this: he 
 was both Register-General of Wills and Attorney-Gen- 
 eral by Penn's appointment, and was drawing, as 
 Attorney-General, a salary directly from Penn. 
 
 Except in the case of Moore and of two or three 
 persons sent over by Penn to hold office, the political 
 circumstances of an Episcopalian residing in the Upper 
 Counties at this time were not pleasant. In more cases 
 than among the Quakers, he was one of the poor dis- 
 qualified from voting, yet obliged to pay a tax. If, 
 however, he had the ability and standing fitting him 
 for office, he was discriminated against by the voters. 
 Everybody was taxed for a gratuity to William Penn, 
 to help pay for his having been a great man at Court, 
 and other parts of his career which did not interest, 
 or were disapproved of by Churchmen, and the net 
 result of which was the maintenance on the Delaware 
 of the political power of men who would not administer, 
 much less require, an oath, and would not authorize, 
 much less take part in, the defence of the colony. It 
 may be said that the Quakers had a right to the coun- 
 try which they had planted, and that the dissatisfied 
 minority should have left : but that course naturally did 
 not commend itself even to such as could afford to re- 
 move : they were adhering to the ecclesiastical organiza- 
 tion and customs adopted by the Anglo-Saxon race, and 
 Pennsylvania comprised an extensive region, one of the 
 best under the English Crown. 
 
 Penn had intended the superseding of Moore as At- 
 torney-General, but the commission for that purpose 
 to Paroculus Parmiter, if signed, was not made use of, 
 it being learned that Parmiter, who was one of Penn's
 
 Government by Penn's Friends. 407 
 
 kindred, had been convicted at Bristol, England, of the 
 capital crime of forgery, but pardoned. Penn commis- 
 sioned Markham on 5, 27, 1703, as Register-General, 
 but Moore claimed a freehold in the office, withheld the 
 official seal, and sued Markham, but, after the latter 's 
 death, abandoned or lost the case. 
 
 Quary, who remained in England until July, 1702, 
 suggested, but did not succeed in having taken up, the 
 following solution of the problem of defence, viz : that 
 in every colony all freemen and all immigrants be 
 obliged to enroll themselves in a company of militia, 
 the poor as foot soldiers, the rich as dragoons: but 
 that Quakers and others with scruples against bearing 
 arms were to certify their opinion in writing, and, in 
 place of bearing arms, to do an equivalent in some pub- 
 lic work, and to furnish their quota agreeable to their 
 estates, said quota to be laid out in providing arms, 
 ammunition, and all warlike stores. 
 
 Andrew Hamilton, who met the Council on November 
 14, 1701, and to whom Logan was instructed to make 
 up an allowance of 2001. per annum until royal appro- 
 bation of the appointment, and 300Z. thereafter, was a 
 native of Scotland, and had acted as Governor of one 
 or both of the provinces of New Jersey at different 
 times since 1689, and is mentioned in another chapter 
 as having started an inter-colonial postal service. 
 When Quary, before the Board of Trade, made the 
 point against Penn of his leaving Hamilton as acting 
 Governor without the royal approbation, Penn pleaded 
 the necessity of the case. He had obtained the opinion 
 of William Attwood, Chief Justice at New York, that 
 the deputizing by a Governor-in-Chief was good until 
 the King could be informed. Penn explained that he 
 had chosen Hamilton because there was no other non- 
 Quaker at hand fit for the position except Markham, 
 whom the Crown had so lately ordered to be removed 
 from it. Quary said that there were several others, who
 
 408 Chronicles of Pennsylvania. 
 
 were, moreover, less liable to objection. Hamilton had 
 been careful of Quaker interests in New Jersey, but 
 was not personally disliked by the Churchmen. He had 
 probably adhered to the episcopally governed clergy 
 both in Scotland and in London, where he is said to have 
 been a merchant. 
 
 In the late years of his life, he befriended a young 
 Scotchman, said to have been born in Edinburgh about 
 1676, who took the name of Andrew Hamilton while 
 residing in the Virginia or Maryland "Eastern Shore," 
 and with such name appears in history, being the great- 
 est lawyer of his day in Pennsylvania. He is said to 
 have emigrated from Scotland in such needs as to have 
 his time sold to a planter, because fleeing from an 
 actual or impending charge of murder, as the result of 
 a fight. Despite all that has been surmised, there was 
 probably nothing interesting about the paternity of the 
 fugitive. He had sufficient education to assist his second 
 employer in teaching school, and, as he at one time 
 bore the name of Trent, he may have been related to 
 William Trent, the Pennsylvania Councillor, or more 
 closely to Maurice Trent, who was early in New Jersey, 
 and afterwards of Leith, Scotland. 
 
 Without raising the objection of Hamilton's appoint- 
 ment not having been confirmed, Halliwell, Moore, and 
 Yeates, three of those authorized by a document known 
 as a "dedimus potestatem" to administer to the Gov- 
 ernor of Pennsylvania the oath required by the Act of 
 7 & 8 Wm. Ill, very captiously refused to administer the 
 oath to Hamilton, unless the dedimus potestatem were 
 surrendered to them. The Council thought the Secre- 
 tary or the Master of the Rolls the proper custodian, 
 and, as the document gave to any five of the Council 
 with the Collector of the Port the same power as to 
 those particularly named, Councillors Guest, Samuel 
 Finney, and John Finney with John Bewley, Collector 
 of the Port, administered the oath in presence of
 
 Government by Penn's Friends. 409 
 
 Councillors Carpenter, Clark, and Pusey, who joined 
 in signing the certificate. 
 
 The membership of the Governor's Council, a few 
 months after its establishment, was slightly changed 
 by the death of Phineas Pemberton, Penn's staunchest 
 friend in Bucks Co., and the admission, in accordance 
 with Penn's wishes, of John Finney, eldest son of 
 Samuel Finney. On the same day as John Finney, viz : 
 April 21, 1702, Logan qualified as a member. 
 
 On the death of William III, March 8, 1701-2, Queen 
 Mary having died previously, her sister Anne, wife of 
 Prince George of Denmark, succeeded to the throne. 
 Staunch as she was for the Anglican Church, she was 
 no enemy to her old acquaintance, Penn, the friend of 
 her father, James II. In a letter of July 14, 1706, un- 
 signed but attributed to Peno, the writer speaks of 
 his own steady and secret (private) and public services 
 to her in many ways, for which not everybody besides 
 himself had the power or talent. 
 
 Edward Hyde, by courtesy Viscount Cornbury, son 
 of the Queen's uncle, Henry, 2nd Earl of Clarendon, 
 having been appointed Governor of New York and 
 Commander of the Militia of the Jerseys and Con- 
 necticut by the late King, came to Burlington in June, 
 1702, and was invited to Philadelphia, where he spent 
 the night at Shippen's, and, with a retinue thirty in 
 number, was entertained at the Proprietary's expense 
 at as handsome a dinner, it was said, as his Lordship 
 had seen in America. The next day, he was escorted 
 from Burlington to Pennsbury, and there entertained, 
 about fifty being in company. By his manners, the 
 Quakers were so much pleased with this cousin of the 
 Queen that they thought, that, if proprietary govern- 
 ment were abolished, they would be satisfied to have 
 him as Governor. Furthermore, they were becoming 
 indifferent to the bill before Parliament, if only certain 
 privileges could be retained, the more spiritually
 
 410 Chronicles of Pennsylvania. 
 
 minded thinking that acts of government were foreign 
 to their profession, and those who loved Penn feeling 
 that his life would be easier, and he probably happier, 
 if he had the Proprietaryship only. Naturally, there 
 was, however, a desire that the reflections upon the 
 Quakers' conduct of affairs should be dispelled, and 
 that the country should not fall under the control of the 
 non-Quaker partisans, who had cast such reflections. 
 
 On July 10, 1702, without the receipt of an order 
 from the English government, but preparatory to in- 
 viting those inclined to form a militia, in view of the 
 new war against France and Spain, proclamation of 
 Anne's accession was made. On the 24th, the war was 
 proclaimed. In a few days, one company of militia 
 was started. George Lowther, a lawyer from Notting- 
 hamshire, but of a Yorkshire family, was made the 
 captain. But the enrolment was not a success. The 
 Churchmen wished it a failure, so that the English 
 government would think it necessary to take the do- 
 minions into its own hands. The Quakers could not 
 join the colors on account of their principles. There 
 was, moreover, an idea that those who joined would 
 be required to proceed to Canada. So, after great 
 efforts, only about a score or two of the poorest men, 
 with only six swords among them, and, we are told, 
 just as deficient in shoes and stockings, mustered for a 
 review. 
 
 The Aldermen of the City claimed in 1702 the right 
 to act as Justices in the Court of Common Pleas for 
 both County and City; and, when Hamilton and some 
 lawyers thought them wrong, and Capt. Finney, the 
 head of those commissioned for the County, refused to 
 sit with the Aldermen, the Mayor's Court was held, and 
 all fines for offences in the cognizance of those Alder- 
 men, including fines of keepers of public houses for 
 selling without a license, were claimed. Penn, hearing 
 of this, hoped for some change of feeling, but was in-
 
 Government by Penn's Friends. 411 
 
 clined to recall the corporation's charter, as certain 
 lawyers thought he could legally, and he was confident 
 that the English government would approve. 
 
 Quary making charges against Penn in particular 
 and the Quakers in general, to show their malfeasance 
 as a cause for abolishing their government, and Penn 
 answering, and making counter charges against Quary, 
 there was a fruitless contention, some of the papers in 
 which appear in the printed Penn and Logan Corre- 
 spondence. Quary returned to America with a letter 
 from the Commissioners of Trade, desiring him to ac- 
 quaint the gentlemen of the Lower Counties of their 
 letter of Oct. 25, 1701, being under consideration for 
 their relief, and to assure them of the Queen's protec- 
 tion and care for their welfare and security. Quary 
 also brought a letter of protection from the Queen re- 
 quiring all Governors, Lieutenant-Governors, magis- 
 trates, and officers civil and military to assist him. 
 Both letters are printed in Virginia Mag. Hist. & Biog., 
 Vol. XXIII. 
 
 The people of the Lower Counties did not like the 
 Charter, or Frame of Government of the Province and 
 Territories, granted on Oct. 28, 1701, because, accord- 
 ing to Quary, of the toleration of Deists and of the 
 eligibility of Papists to office; and there was a denial 
 of the validity of the Charter, in view of its not having 
 been agreed to by a clear majority of the Assembly. 
 On the day for the first election for Assemblymen 
 under the Charter, none were chosen by the Lower 
 Counties. The Upper Counties, comprising Pennsyl- 
 vania proper, or the Province strictly so called, chose 
 the required number, viz: Joseph Growdon, John 
 Swift, William Paxon (now Paxson), Jeremiah Lang- 
 horne, David Lloyd, Anthony Morris, Samuel Richard- 
 son, Griffith Jones (formerly mentioned as a Quaker), 
 Nicholas Pyle, Andrew Job, John Bennet, and John 
 Worrall. These arrived in Philadelphia at the time for
 
 412 Chronicles of Pennsylvania. 
 
 organizing the House, and, acting upon the default of 
 the Lower Counties, declared the disunion spoken of in 
 the Charter to have taken place, and accordingly asked 
 for the increase provided for in such case in the num- 
 ber of representatives of Bucks, Chester, and Phila- 
 delphia, including two from the City. 
 
 At this time, William Penn's title to the government 
 and territory of New Castle &ct. was being strongly 
 questioned in England. Hamilton and the friends of 
 Penn saw that the relations of the two parts of the dual 
 colony required conciliation or at least temporizing : so 
 Hamilton pleaded with the representatives of the Prov- 
 ince not to take the radical measure. He pointed out 
 that tobacco, which was the chief commodity sent to 
 England, and was mostly furnished by the Territories, 
 would be so incumbered by a separate legislature at the 
 place of growth as to divert the trade from Philadel- 
 phia. The inhabitants of the Territories were very 
 likely, upon the erection of a distinct Assembly for the 
 Province, to remonstrate to the Queen, and pray that 
 they, being thrown off and left destitute, be taken 
 under her immediate protection: and such remon- 
 strance would probably be taken advantage of by the 
 officials in England desirous of weakening Proprietary 
 government, and cause the royal approbation of Penn's 
 appointment of the Lieutenant-Governor to be re- 
 stricted to Pennsylvania. If the Assemblymen were bent 
 upon a separation from the Lower Counties, it would be 
 better first to wait to see whether, as the result of the 
 questioning of Penn's title to those Counties, the Queen 
 would make the separation, in which case the Pennsyl- 
 vanians would not incur blame. As to increasing the 
 number of representatives, the Lieutenant-Governor 
 could not see how it could be done until the next elec- 
 tion appointed by the Charter, the first of October fol- 
 lowing. The Assemblymen, nearly all being Quakers, 
 were inclined to insist, declaring that, by the union, the
 
 Government by Penn's Friends. 413 
 
 first purchasers from Penn had been unable to have 
 the privileges they had expected. However, it being 
 thought that the Lower Counties might elect represen- 
 tatives, if summoned to do so by writs, writs were 
 issued, and the Assemblymen from Pennsylvania 
 agreed to await the result. The Lower Counties duly 
 chose representatives, but these expressed unwilling- 
 ness to sit with members chosen under direction of the 
 Charter, which the Lower Counties did not recognize. 
 The Assemblymen from Pennsylvania, coming back to 
 Philadelphia, were willing to join with those chosen by 
 the Lower Counties, but would do so only on the basis 
 of the Charter being in force. Although there was a 
 letter from the English government through Lord 
 Cornbury requiring a contribution to the fortification 
 of the frontiers at Albany, and there seemed a neces- 
 sity for a law for a militia composed of those without 
 scruples against bearing arms, so as to repel invasion 
 from the sea, Hamilton could only dismiss the legis- 
 lators. Then the twelve representatives of Philadel- 
 phia, Bucks, and Chester certified under hand and seal 
 that they desired the filling up of the body for the Prov- 
 ince according to the Charter, with two members from 
 the City, and so that Philadelphia County should have 
 eight members, Bucks nine, and Chester nine. It does 
 not seem as if such disparity for the rural districts was 
 intended by Penn when he said that each county should 
 ''not have less than eight persons;" and Griffith Jones, 
 in joining the other representatives, excepted against 
 the extra member from Bucks and Chester. 
 
 The bill for the abolition of proprietary governments 
 had failed to pass at the session of Parliament during 
 which Penn decided to go to England to fight the bill : 
 but it was subsequently pressed by the persons con- 
 nected with the governmental bureaus in London. 
 Penn suggested such modification as would reunite the 
 military government to the Crown, and give to the
 
 414 Chronicles of Pennsylvania. 
 
 Commander-in-Chief the superintendence of the Cus- 
 toms and Admiralty officials, but leave the civil author- 
 ity as it stood, just as in corporations in England where 
 the King's appointee was Governor, and, moreover, 
 allow appeal to the King on all matters above £300, 
 and, besides, give to the King a veto on all laws. This 
 modification the Lords for Trade rejected, declaring 
 that the original bill "might be very expedient." The 
 Proprietors of the Jerseys had been prevailed upon to 
 surrender their rights of government: but when the 
 question came of taking away such rights against the 
 will of those invested with them, the nobles and 
 knights of the shires in Parliament, accustomed to 
 offices, jurisdictions, and perquisites as freeholds, ap- 
 pear to have felt that such an act would be an invasion 
 of private property. The chance to make a bargain 
 with the Crown was thus left open to the Proprietary 
 of Pennsylvania, to be availed of as will be narrated 
 later. 
 
 Although the Act of Assembly directing attests, 
 which was still in force because not yet repealed by the 
 Crown, prescribed the qualifying of Judges and jurors 
 by merely solemnly promising, and the Act relating to 
 the manner of giving evidence, also in force, allowed 
 witnesses to qualify in the same way, the rather shal- 
 low Churchman of the legal profession, John Guest, 
 whom Penn had made Chief Justice of the Provincial 
 Court, and ex-merchant Finney, the other Churchman 
 on that bench, were unwilling to condemn a criminal 
 to death on testimony not sworn to, or at least the 
 testimony of persons who had no scruples against 
 oaths, but were unsworn ; on the other hand, the other 
 Judges, Shippen, Clark, and Thomas Masters, Quakers, 
 were restrained by conscience from administering 
 oaths. In the absence of Clark, resulting in the im- 
 possibility of "three of a kind" holding court, Hamil- 
 ton issued a commission of jail delivery to Guest and
 
 Government by Penn's Friends. 415 
 
 Finney and Edward Farmer, who also was willing to 
 take and administer oaths ; but, the cases for trial being 
 such as involved the death penalty, another horn of the 
 dilemma was reached, viz: Hamilton's confirmation as 
 acting Governor not having been obtained, his commis- 
 sion would not be sufficient foundation for taking away 
 the life of an English subject. So the accused remained 
 in jail, until Clark's return gave the Quakers a quorum 
 commissioned by Penn himself. 
 
 The Commissioners for Trade and Plantations ob- 
 jected to the approbation of Hamilton as acting Gov- 
 ernor, because he was under the imputation of having 
 encouraged illegal trade in the Jerseys. Finally Penn 
 petitioned Queen Anne that Hamilton be confirmed for 
 one year. She expressed herself in Council as inclined 
 so to gratify the petitioner, and on November 11, 1702, 
 the approbation of Hamilton as Deputy-Governor of 
 the Province and Territories for one year was given, 
 on condition that Penn or others enter the usual secur- 
 ity in £2000 for the Governor's observance of the Acts 
 of Parliament relating to trade, and on condition that 
 Penn answer certain questions put to him by the Board 
 of Trade as to oaths or affirmations in Pennsylvania 
 and Territories, and as to the rate at which Spanish 
 dollars were current there, &ct. Penn's answers were 
 laid before the Board on December 1, and were viewed 
 as not altogether satisfactory, but, for the dispatch of 
 business, the Commissioners were willing to let matters 
 proceed. The order giving the approbation having 
 stipulated that it was not to set aside or diminish the 
 Queen's title to the Lower Counties, the Commissioners 
 insisted that Penn sign a declaration to that effect in 
 the form drafted by them. This he did on December 
 10. The entering of security made further delay, and 
 the final certificate under which Hamilton was author- 
 ized to act did not reach Philadelphia before he died. 
 
 The Queen in Council ordered on January 21, 1702-3,
 
 416 Chronicles of Pennsylvania. 
 
 that all persons in judicial or other office in Pennsyl- 
 vania or the Lower Counties, before entering on their 
 duties, take the oath directed by the laws of England, 
 involving allegiance, abhorrence of the doctrine as to 
 excommunicated princes, declaration against foreign 
 princes, non-belief in transubstantiation, &ct. (as in a 
 former chapter), or take the affirmation allowed in 
 England to Quakers, involving the same points as the 
 oaths, and also the subscription to faith in the Trinity 
 and inspiration of the Scriptures; and she further 
 ordered that all persons willing to take an oath in 
 public proceedings be allowed to do so, otherwise the 
 proceedings to be null and void. This order was as 
 far as possible followed : Penn, not on the spot, blamed 
 his colonists for obeying what they had a good defence 
 against. He with his freemen's consent was author- 
 ized to make laws which were to be in force until dis- 
 approved, and by such laws had covered the case of 
 the qualifying of officers, requiring only a promise of 
 fidelity to the Sovereign and the Proprietary and 
 promise to perform the respective duties. Acts of 
 Parliament did not bind the American settlements, to 
 override local laws or the common law of England, 
 unless the American settlements were mentioned in the 
 Act, and they were not mentioned in the Acts pre- 
 scribing these tests, or relating to Quakers' affirma- 
 tions. The order did not arrive in Pennsylvania until 
 one of the criminals whom the special court had failed 
 to try, was on the point of being hung. The Provincial 
 Court, meeting on April 10, 1703, had tried two cases 
 of murder without any oath or affirmation being given, 
 although certain non-Quaker Judges and Moore, the 
 Attorney-General, declined to take part, a substituted 
 prosecuting attorney being secured. A man was con- 
 victed of manslaughter, for which, as an offence within 
 "the benefit of clergy," he was burnt in the hand, 
 and another person — some say a woman for killing her
 
 Government by Penn's Friends. 417 
 
 child — was convicted of murder, and was sentenced to 
 death. The warrant for the execution was sent to 
 Hamilton at Amboy, East Jersey, but he was too ill to 
 sign it, and, without doing so, died two days later. 
 When this sentencing to death after trial by Quaker 
 jurors not sworn, and not attested in manner prescribed 
 by Parliament, was brought to the attention of the 
 Lords for Trade through Lord Cornbury, Penn took 
 the reasonable ground that a colony and constitution 
 of government made by and for Quakers could not be 
 expected to leave them and their lives and fortunes out 
 of so essential a part of government as juries, other- 
 wise the founders of the country would have stayed at 
 home. 
 
 Hamilton's death occurred on 2mo. (April) 26, 1703: 
 his illness had lasted over nine weeks. It may be said 
 that he never settled in Pennsylvania. The Council 
 succeeded to the executive functions. 
 
 Edward Shippen, who had occasionally presided over 
 the Council in Hamilton's absence, thus became the 
 highest person in the colony, and so continued for about 
 ten months. He had been converted to Quakerism by 
 or upon marriage with a Quakeress. The disadvan- 
 tages of having a President and other executives who 
 could not conscientiously administer an oath first arose 
 as to registering vessels. The arrangement hit upon by 
 the Council was that John Bewley, the Collector of the 
 Port, administer the oath in the Council Chamber, and 
 the Secretary certify it, and the seal of the Province 
 be affixed: but Colonel Quary declared such method 
 repugnant to the words of the law, and that he would 
 be obliged to suspend Bewley, if he did this. The 
 Queen's order having then arrived, and the Councillors 
 deciding to comply with it, and that it was necessary 
 as acting Governor to take oath or affirmation under the 
 Acts relating to trade, they sent for Quary, Halliwell, 
 Moore, and Yeates, commissioners under the old dedi- 
 
 27
 
 418 Chkonicles of Pennsylvania. 
 
 mus potestatem, to administer such oath, but those men 
 adhered to the letter of their commission as authoriz- 
 ing an oath only, and to be taken by one Governor, so 
 that it could not be administered to less than all the 
 members, or at least a quorum, i.e. five. The commis- 
 sioners were supposed to have seized with pleasure 
 upon this legal objection to starting the machinery of 
 justice, and Halliwell is reported, in a letter from 
 Quaker Councillors to Penn, to have boasted that the 
 commissioners had laid the government on its back, and 
 left it sprawling, unable to move hand or foot. Acting 
 under the alternative in the dedimus, by which the 
 Council and the Collector of the Port could administer 
 qualifications, Bewley, the Collector, was induced to 
 administer the oath to Guest and Finney. Shippen, 
 Carpenter, Clark, Owen, and Pusey made affirmation 
 for the performance of the same duty. All made oath 
 or declaration acknowledging fidelity, abhorring the 
 Pope's supremacy, &ct. Subsequently Guest and 
 Finney appear to have administered in Council the 
 oath for registering vessels. 
 
 Roger Mompesson, a lawyer, who had been Recorder 
 of Southampton, and twice elected to Parliament, se- 
 cured appointment as Judge of the Admiralty for 
 Pennsylvania and Lower Counties, New Jersey, and 
 New York, coming to America, and making his resi- 
 dence in Philadelphia, in 5mo., 1703, to lead a "simple 
 life," so as to pay debts, for which he was bound, al- 
 though contracted by his father. Thus Quary was 
 superseded, but he was appointed Surveyor-General of 
 the Customs. Penn hoped that the colony would make 
 sufficient allowance to induce Mompesson to take also 
 the Chief Justiceship of the Provincial Court. 
 
 When the Justices of Chester County offered to 
 qualify under the Queen's order, Yeates induced "Walter 
 Martin, who had a dedimus potestatem for administer- 
 ing the affirmations, to insist upon the declaration
 
 Government by Penn's Friends. 419 
 
 against the "pretended Prince of Wales", as recently- 
 prescribed by Act of Parliament, but those commis- 
 sioned refused, because the Act did not extend to the 
 Province, and the Queen's order did not mention that 
 oath or the affirmation in its place. In the other coun- 
 ties, and apparently in Chester later, the qualifications 
 mentioned in her order were taken. In the Philadel- 
 phia court, Hugh Durborow, a Quaker, called upon to 
 give testimony, refused to use the form speaking of 
 the presence of God. Guest was here reasonable, and, 
 apparently, with him enough Quaker Justices to make 
 a majority favored letting Durborow affirm as he 
 pleased, — for he certainly testified, — although all the 
 non-Quakers wished him committed for contempt of 
 court. In one case in Philadelphia, when some wit- 
 nesses were about to be sworn, the Quaker Justices 
 left the bench, but Justices Guest, Samuel Finney, 
 Edward Farmer, and Andrew Bankson held court. 
 
 The trouble about administering oaths caused the 
 introduction of more non-Quakers into executive and 
 judicial office, and, with the presence in the dominion of 
 a sharp-witted faction watching for questionable pro- 
 ceedings, it was imperative that the government have 
 a non-Quaker chief on the spot. Logan suggested that, 
 pending the appointment of a Lieutenant-Governor, a 
 new Council be commissioned with Mompesson, who 
 was a Churchman, at its head, and Logan later hoped 
 that Penn was making Mompesson Lieutenant-Gover- 
 nor. 
 
 The Commissioners for Trade exerted themselves 
 against the Assembly's enhancement of the value of 
 foreign coin, one of the acts of Nov. 27, 1700, having, 
 with slight modification of a former act, made a Peru 
 piece of eight weighing not less than 12 dwt., as well 
 as a Lion or Dog dollar, pass for 6s., and every other 
 piece of eight or dollar weighing 15 dwt., for 7s., with 
 an advance or abatement respectively of 4rf. for every
 
 420 Chronicles of Pennsylvania. 
 
 pennyweight in excess or shortage ; the price of smaller 
 coins being also fixed. A representation for the dis- 
 allowance of the Act was made to the Queen, pointing 
 out that a piece of eight of the due weight, stated to be 
 17 dwt. 6 gr., so made current at 7s. 10d., was intrinsi- 
 cally worth no more than 4s. 6d. On July 30, 1703, the 
 Act was disallowed. The English government, at 
 Penn's suggestion that there should be a general stand- 
 ard, was inclined to make the value of these foreign 
 coins in the colonies the same as in England, but this 
 had been prevented, or at least seemed too difficult, the 
 late King having consented to a law of New England 
 fixing a different value there. The next best thing was 
 to make all the other colonies conform to the one: ac- 
 cordingly, on the 18th of June following the disallow- 
 ance of the Pennsylvania law, the Queen issued a 
 proclamation fixing the value from the 1st of the com- 
 ing January at the New England rate. Thereby pieces 
 of eight of Seville or Mexico or Pillar pieces, which 
 had been passing in Pennsylvania for eight shillings, 
 were to pass for six shillings only. Subsequently an 
 Act of Parliament confirmed this, to be enforced from 
 May 1, 1709. 
 
 After the failure, in Hamilton's time, of the attempt 
 to form a voluntary militia, the consciences of the 
 President and many Councillors restrained them 
 from taking any part in the war. They were free, how- 
 ever, to enforce police authority upon persons within 
 their jurisdiction who might commit injuries, or bring 
 about injuries ; and accordingly the Council undertook 
 to watch such suspicious characters as Frenchmen, and 
 particularly those travelling through the Indian coun- 
 try. The danger of the Five Nations casting their lot 
 with the French always existed, except when the Eng- 
 lish had actually engaged the warriors for a campaign : 
 and, although no breach of the alliance of those tribes 
 with the government of New York actually took place
 
 Government by Penn's Friends. 421 
 
 during the period of this history, there was fear that 
 11 foolish young men" of the Iroquois, or of their 
 nominal subjects or tributaries, would be stirred up 
 against the settlers of Pennsylvania. Of the traders 
 whom the provincial government distrusted, the treat- 
 ment was severe. Capt. Le Tort's son James, brought 
 up from infancy in the province, had gone to Canada 
 in time of peace, but, after about two years' stay, re- 
 turned to Pennsylvania in the Spring of 1703, submit- 
 ting to various examinations, and appearing to be 
 innocent of evil designs. He and Peter Bezellon, who 
 was under still stronger suspicion, because then a 
 Roman Catholic, coming to Philadelphia in August fol- 
 lowing, were bound in the heavy bail of £500 stg. each 
 to hold no correspondence with the enemy, and to give 
 all information coming to their knowledge. About a 
 year later, and after a Lieutenant-Governor had taken 
 charge, Le Tort was some time in jail in Philadelphia, 
 and was obliged, for obtaining his liberty, to give secur- 
 ity in 1000/.; while Nicholas Gateau, the French cook, 
 who had been naturalized, but had tried to leave Phila- 
 delphia secretly to escape, he said, his creditors, was 
 also detained in jail, and required to give security in 
 1000Z. for good behavior, and not to go out of the juris- 
 diction, or further from the city than twenty-five miles 
 up or down the Delaware River, or than ten miles back 
 into the country. 
 
 On hearing of Hamilton's death, Penn wrote quickly 
 to the Lords for Trade, asking them, in the emergency, 
 to recommend either Markham or John Finney for 
 royal approbation as successor ; so that the opportunity 
 of a vessel then lading for America be seized for com- 
 municating proper authority to some one in the Prov- 
 ince and Territories. The Board aforesaid, while mak- 
 ing the reply that it was requisite to make the first 
 application to her Majesty, let Penn see that the feeling 
 against Markham had not changed. Penn not knowing
 
 422 Chronicles of Pennsylvania. 
 
 how he was to furnish security for Finney, it appears 
 that Charlewood Lawton, Perm's agent, suggested for 
 the Lieutenant-Governorship, a personal acquaintance, 
 able to furnish his own security, having some political 
 influence, and for some reason willing to accept, viz: 
 John Evans, about twenty-six years old, whose father 
 had been a friend of the Proprietary. It seems from 
 certain expressions in the Penn and Logan Correspon- 
 dence that Evans was a nephew of Rt. Rev. Dr. John 
 Evans, a strong Whig, made Bishop of Bangor on Jany. 
 2, 1702. Penn quickly took what was within reach. In 
 a few days after the aforesaid letter to the Board, 
 his petition for young Evans was laid before the Queen. 
 The Board, having the matter referred to it, asked 
 for information concerning him. To gain the favor of 
 the Earl of Nottingham, then a Secretary of State, 
 Evans, entitled to a bond of Baron Dartmouth to 
 Evans's father, who had been treasurer of a political 
 fund, released or cancelled the bond. Dartmouth had 
 married a niece of Nottingham. Dartmouth himself 
 was one of the Commissioners for Trade and Planta- 
 tions. After Penn's explaining that Evans was not 
 under the objection of being a merchant, and, although 
 not a soldier, had seen the army in Flanders, was a 
 gentleman living on his estate, and was a hearty 
 Churchman, and would be recommended by a number 
 of persons, the Board put no obstacles in the way of 
 the approbation. It was given on July 30, 1703. Penn 
 again signed a declaration that the Queen's title to the 
 Lower Counties should not be diminished by her giving 
 the approbation. Evans not only furnished the security 
 for his own behavior, but actually reimbursed Penn 
 for all that had been spent in obtaining approbation 
 for Hamilton. Penn, according to his letter of 12, 9, 
 1705-6, promised Evans 200Z. Penna. money per annum 
 until the Assembly would grant a support. 
 
 Lord Cornbury, coming to Burlington in August,
 
 Government by Penn's Friends. 423 
 
 1703, after appointment as Governor of New Jersey, 
 was waited upon by Quary and other Philadelphia 
 Churchmen, and was reported to have received an ad- 
 dress from vestrymen or attendants of Christ Church 
 requesting him to solicit the Queen for the embracing 
 of Pennsylvania and probably Delaware under his gov- 
 ernment. He was said to have answered that he would 
 obey the Queen's orders with alacrity when orders to 
 such effect came. Notwithstanding that he was staying 
 at Quary 's, Cornbury was again entertained by the 
 Quakers in Philadelphia : but they began to dread his 
 being appointed in place of Penn, seeing that Quary 
 and Moore would probably be Cornbury 's advisers as 
 to Pennsylvania affairs, that the royal commission to 
 him as Governor of New Jersey gave him great powers, 
 and required him to administer oaths, including that 
 against the Pretender, and said nothing about affirma- 
 tions, and that a man of such rank would expect a large 
 salary. 
 
 In October, 1703, eight Assemblymen from each 
 county of Pennsylvania, and two from the City of 
 Philadelphia, were chosen ; they met, and elected Lloyd 
 as Speaker, and made the disunion of the Province 
 from the Territories an accomplished fact. These 
 Assemblymen were: Nicholas Pyle, John Bennet, 
 Andrew Job, David Lewis, Nathaniel Newlin, Joseph 
 Baker, Robert Carter, Joseph Wood, William Biles, 
 Joseph Growdon, Tobias Dymmoke, Richard Hough, 
 William Paxton, Jeremiah Langhorne, Joshua Hoopes, 
 Thomas Stevenson, Rowland Ellis, Nicholas Wain, 
 Samuel Richardson, Isaac Norris, David Lloyd, An- 
 thony Morris, Samuel Cart, Griffith Jones, Joseph Will- 
 cox, and Charles Read. 
 
 Although Griffith Jones refused at first to do more 
 in the way of qualifying than promise allegiance to the 
 Crown and fidelity to the government, yet in due time 
 all the twenty-six representatives signed the confession
 
 424 Chronicles of Pennsylvania. 
 
 of faith, declarations, test, &ct., as in the Act of Parlia- 
 ment of 1 W. & M. c. 18. 
 
 The Council construing the commission to themselves 
 as not giving power to enact laws, the Assembly re- 
 solved to adjourn until 3mo. (May) 1, contending for 
 the right to sit upon their own adjournment. The 
 result was that the Assembly adjourned until that date, 
 unless sooner called, and the Council declared it pro- 
 rogued to the same time: but the dispute gave rise to 
 a project to establish the House's right by a law. 
 
 Evans published his commission in Philadelphia on 
 12mo. 3, 1703-4, having arrived the night before, and 
 duly took the oaths, the least fitted by experi- 
 ence of all the persons selected by the Penns for the 
 office, and, as it turned out, the most discreditable in 
 private life. To intemperance, which was soon the 
 topic of common talk, there was added in time an item 
 of seduction. The great Quaker had been deceived; 
 for William Penn, distracted as he may have been with 
 financial and political troubles in England, and im- 
 portant as it was to fill the vacancy quickly, was too 
 wise knowingly to send as his representative one whose 
 loose living would shock the staid people of the colony, 
 and give a handle to the anti-Proprietary faction. 
 Apart and aloof from the Churchmen were some per- 
 sons resentful against or distrustful of Penn who were 
 rigid Quakers, and would appeal to the ideal of a land 
 where good men administered good laws. 
 
 Yet, as will be shown on a later page, a handle for 
 Penn's enemies was to be given by one very near to 
 him, viz: his eldest surviving son, who came with 
 Evans, and whose debts had driven him across the 
 water, leaving wife and children at home to await fu- 
 ture plans. He speedily, in connection with Logan, 
 hired for a city residence "Clark's great house" near 
 the S. W. corner of Third and Chestnut. Mompesson 
 soon joined them, and so did Evans, after boarding first
 
 Government by Penn's Friends. 425 
 
 with Al Paxton, and afterwards with John Finney. 
 For information on business, but not guidance in mode 
 of life, Evans and Penn Jr. looked to Logan. Hav- 
 ing as Judge jurisdiction as far north as New Hamp- 
 shire, and being in turn very soon superseded as to 
 Pennsylvania and West Jersey by a new commission 
 reappointing Quary, Mompesson was usually away. 
 He and William Penn Jr. and Bewley, the Collector, 
 were invited to become members of the Council. Mom- 
 pesson qualified on February 7, and the younger Penn 
 on the 8th, but Bewley declined, because the position 
 might be thought by some to conflict with his position 
 in the Customs. Logan appears to have qualified a 
 second time, immediately after the qualifying of the 
 Proprietary's son, to whom was given precedence at 
 the board over all others. In the course of ten days 
 after Evans's arrival, William Rodeney, William 
 Trent, Richard Hill, and Jasper Yeates became mem- 
 bers, and in May, George Roche, and in October, Joseph 
 Pidgeon. 
 
 Evans had come ignorant of there being a split in 
 the Assembly, and, when he found it necessary to 
 summon a legislature, he determined, if possible, to 
 effect a reunion. He sent writs to the Lower Counties 
 for the election of four members each, but when the 
 twenty-six already chosen by Pennsylvania proper ap- 
 peared, they insisted that they were already a separate 
 House. The representatives of the Territories, among 
 whom were Rodeney, Brinckloe, and Hill, thereupon 
 announced their consent to accept the Charter, if its 
 provision were complied with that there be only four 
 representatives from each of the six counties. The 
 representatives from Pennsylvania replied that they 
 were unable to recede from what they had done, in- 
 cluding the increase of their number. So it was settled 
 there should be a separate House for the Territories,
 
 426 Chronicles of Pennsylvania. 
 
 its members to be chosen by new writs, and to meet in 
 New Castle. 
 
 When the Assembly of the Province convened, Evans 
 asked for a salary for himself, and the raising of the 
 £350 fixed by the late King for the building of fortifica- 
 tions in the province of New York. The House, in a very 
 courteous message, expressed anxiety as to the allow- 
 ance of the laws by the Crown, and referred to the 
 former excuse as to the £350. In a reply, which again 
 urged the relief of the Proprietary by the assumption 
 of the acting Governor's sujjport, and even asked for 
 making good Penn 's promise of allowance to Hamilton, 
 Evans angered the members by arguing the insuffi- 
 ciency of the excuse for not voting money to the Queen. 
 
 More serious than Evans's wounding of the Assem- 
 blymen's sensibilities in contradicting their mind, was 
 that Penn's commission to Evans had reserved the 
 final assent to all laws. This instance of depriving the 
 Deputy of the power to represent the principal had to 
 be brought to the scrutiny of so acute and so ill dis- 
 posed a lawyer as Lloyd, and nearly caused the Assem- 
 bly to declare the commission void. The heir-apparent 's 
 most important political act while in America was 
 joining with the other Councillors, Mompesson among 
 them, in deciding, in response to the Assembly's ques- 
 tion, that the clause was void, but did not invalidate the 
 rest of the commission, and that the bills which the 
 Lieutenant-Governor passed into laws, and to which the 
 great seal was affixed, could not be annulled by the 
 Proprietary without the vote of the Assembly. This 
 declaration was made on 3rd month 23, 1704. Logan, 
 while saying that it was clearly right, explained to 
 Penn that the Councillors would not have made it, had 
 they not seen that the Assembly would do nothing with- 
 out it. 
 
 After the Assembly had voted an address to the 
 Queen congratulating her upon her accession, the ob-
 
 Government by Penn's Fbiends. 427 
 
 liviousness of the members to their representing any 
 but one religious denomination was shown in entitling 
 another address to her, which they unanimously 
 adopted, ''The humble address of the People called 
 Quakers convened in Assembly at Philadelphia." By 
 the prayer with which this Address closed, we see that 
 the Assemblymen, and presumably most of their 
 Quaker constituents, were willing to make affirmation 
 ' ' in the presence of Almighty God. ' ' The Address said 
 that, at the time of the grant to Penn, the tract called 
 Pennsylvania was little cultivated, and the few inhabi- 
 tants were Dutch, Fins, and Swedes, "whose manner 
 of living was of small advantage to the Crown of Eng- 
 land;" that, in hopes of enjoying the liberties granted, 
 a considerable colony of Quakers with some of other 
 persuasions came over, and made great improvements, 
 and others differing from them in religious matters had 
 become sharers of the government, which was carried 
 on by the obligation of a solemn attestation under the 
 local laws, without oaths, the taking or administering 
 of which was against the religious persuasion of the 
 Quakers, still the most considerable inhabitants for 
 number and estates; that some of the Quakers who 
 might be serviceable in courts of judicature were ex- 
 cluded by the effect of the royal order in Council of 
 Jany. 21, 1702, requiring the administration of oaths 
 to those willing to take them ; that those who wished to 
 introduce oaths had often declared their willingness to 
 take the said solemn affirmation wherever the life of a 
 subject was not in question : therefore those addressing 
 the Queen prayed her to grant that the affirmation pre- 
 scribed by Act of Parliament to be taken by Quakers 
 might be allowed to all persons and on all occasions 
 instead of an oath. The Assembly drafted a provincial 
 law to this effect, to be adopted when the Queen showed 
 herself favorable. Evans, on the other hand, issued
 
 428 Chronicles of Pennsylvania. 
 
 a proclamation declaring the judicial proceedings null 
 and void when carried on without oath. 
 
 Penn's financial circumstances were by this time 
 distracting. He had paid, but not promptly, some of 
 the interest on the Ford account accruing since April 
 1, 1697. Ford, however, had seen by the time of Penn's 
 second arrival in America that there would be a default 
 in paying the redemption money on April 1, 1700, and 
 had determined to stand upon the rights which the 
 face of the papers executed between Penn and himself 
 gave him. "Not having the fear of God before his 
 eyes," as many men and many women have not when 
 making their wills, although such action, if unrecalled, 
 will be the parting act of their lives, Philip Ford made 
 a will dated Jany. 21, 1699, speaking of his having pur- 
 chased Pennsylvania and Delaware, and giving said 
 land to trustees to sell. He made a proviso that, if in 
 Ford's lifetime or within six months after his death, 
 William Penn paid £11134 8s. 3d., and all arrears still 
 due on April 1 following the date of the will, and all 
 other debts due, the trustees should convey the land to 
 Penn : but this proviso, Ford declared to be a voluntary 
 kindness to Penn, and not the result of any obligation. 
 By April 1, 1700, Penn had not by redeeming prevented 
 such a will from becoming operative, and, on April 1, 
 1701, the lease had expired with the rent about paid up. 
 Ford died on Jany. 8, 1701 (O. S. ?). His widow and 
 children, beneficiaries of his will, had an account stated 
 with Penn, by which he owed on April 1, 1702, £591 
 8s. lOd. over and above the principal represented by 
 the redemption price. Although he continued to pay 
 at short intervals small amounts, it was impossible for 
 him to pay the principal. 
 
 There was, to be sure, a large amount of indebted- 
 ness due apparently from Americans for land, Logan 
 holding bonds in 1705 for about 2000J., but the realiza- 
 tion of such must await the debtors ' pleasure and abil-
 
 Government by Penn's Friends. 429 
 
 ity. Perm appears to have brought home to England 
 no ready money but what was soon called for, nor did 
 lie find any considerable balance awaiting him there. 
 Much lobbying against the bill to abolish proprietary 
 government had been done by William Jr. It was an 
 age of fees instead of salaries, and consequently of 
 perquisites, extortion, and corruption. The elder Penn 
 rather complained that the young agent, in his zeal, 
 had promised too much. Apart from anything like 
 bribery of statesmen, the mere attendance upon them 
 involved outlay. The cost of the Proprietary's sojourn 
 in London after return from America, and other ex- 
 penses to fight the aforesaid bill, to promote the allow- 
 ance of the laws, and to attend to other affairs of the 
 colony, were said by him to have been over £3000 by 
 July, 1704. Besides there was the money to be paid to 
 make up the income of Laetitia's dowry, and to sup- 
 plement for William Jr. 's wants the estate of Worming- 
 hurst, which, moreover, being absorbed by William Jr., 
 had ceased to be profitable to the family at large. 
 William Jr. was living at his father's expense during 
 the stay in Pennsylvania. The Proprietary was cha- 
 grined when he found that he was to maintain two 
 houses, that at Pennsbury, and the Clark house, which 
 the heir-apparent, instead of boarding when not at 
 Pennsbury, hired for a city residence for himself and 
 the Secretary. Little money was coming from Penn- 
 sylvania, where the cost of administration took so much 
 of the ordinary receipts. The tax imposed for the 
 Proprietary's benefit was withheld by many; the im- 
 post in its second year became inconsiderable, because 
 the previous drought in Barbados lessened the amount 
 of rum coming thence to Pennsylvania to one third as 
 much as had been coming; the subscriptions to the 
 Susquehanna venture to a great extent failed to be paid, 
 and what payments were made were in wheat and flour ; 
 partly because of the war, sales of land were pretty
 
 430 Chronicles of Pennsylvania. 
 
 much at an end ; and quit rents were usually in arrears. 
 When there was any balance to be put into William 
 Penn's hands, such was the scarcity in the colony of 
 cash, and of bills of exchange on England, that, practi- 
 cally, the only way of forwarding the amount was to 
 invest in a cargo, and ship the same at the risk of bad 
 market, storm, and capture. A number of vessels trad- 
 ing from Pennsylvania were taken. 
 
 Penn's principal source of revenue had once been his 
 estate in Ireland. He wrote, 12, 24, 1702, that that 
 country had " hardly any money: England severe to 
 her, no trade but hither and at England's mercy for 
 prices, saving butter and meat to Flanders and the 
 West Indies, that we must go and eat out half our rents, 
 or we cannot enjoy them;" and he mentioned that the 
 exchange from Ireland to England was twenty-six per 
 cent. 
 
 In these difficulties, as he found that his Governor- 
 ship was not likely to be taken forcibly from him by 
 Parliament, he thought of making a sale of it to the 
 Crown. While waiting an opportunity for this, or as 
 an alternative, he devised an arrangement for his re- 
 turn to Pennsylvania, asking, in a letter of 2mo. 1, 
 1703, for "the town" — probably the well-to-do citizens 
 of Philadelphia — to build for him on one of his City 
 lots or his liberty land "a pretty box like Ed. Ship- 
 pen's," or to purchase Griffith Owen's, Thomas Fair- 
 man's, Daniel Pegg's, or any such house, Pennsbury 
 house being too small to hold the entire family includ- 
 ing William Penn Jr's ; and, in addition to this present, 
 costing, Penn supposed, 500£. to 6001., he wished an 
 allowance, perhaps by tax, of 500Z. a year. There was 
 no response to this. 
 
 Penn wrote on May 11, 1703, to the Board of Trade, 
 that, seeing the bent extremely strong to bring all 
 proprietary governments directly under the Crown, he 
 was willing, if there could be a just regard for his and
 
 Government by Penn's Friends. 431 
 
 his people's security in their civil rights according to 
 the laws and constitution of the country, to resign the 
 government, saving some few privileges, upon a rea- 
 sonable pecuniary satisfaction to him. The Commis- 
 sioners wishing to know his terms, he sent word in the 
 following month: the Lower Counties — he meant the 
 soil therof — were to be duly patented to him, all rights 
 as lord of the soil of the Province to remain, he and 
 his heirs to have the right to present at each vacancy 
 two names, from which the Crown should choose the 
 Governor, also £30,000 to be paid to Penn with a royalty 
 — presumably perpetual — of \d. per pound of tobacco 
 and per I. of what sums the people paid the Governor ! 
 This was, of course, "an asking price." Yet it must 
 be remembered that in 1700 he declared that the colony 
 had then cost him in the clear £24,000, and, a year after 
 this offer, he wrote to Logan that Pennsylvania had 
 cost him above £30,000 more than he had gotten out of 
 it. Penn desired also that he and his heirs should have 
 some honorary distinction, in recognition of his being 
 the Founder, such as first Councillor or Chief Justice : 
 but upon this he did not insist, being ready to content 
 himself with the rights of landlord. Neither did he 
 long hold out for the £30,000, but on or before Feb. 9, 
 1703-4, wrote to the Lord High Treasurer that he was 
 willing to accept £20,000 for the Governorship. 
 
 Harassed by the fault finding of Quary and Moore, 
 Penn offered to the Commissioners for Trade, about 
 the time Evans was arriving in Pennsylvania, either 
 to sell out, or to have the "turbulent Churchmen" 
 bought out, probably meaning to pay Quary, Moore, 
 and others to move away. Some of the Commisioners, 
 perhaps because of the Queen's kind feeling for Penn, 
 expressed a wish that the latter alternative could take 
 place ; whereupon Penn desired them to promote it, and 
 assured them that he could find four persons able and 
 willing to provide for it. Who were the three besides
 
 432 Chronicles of Pennsylvania. 
 
 Shippen, or the two besides Shippen and himself? The 
 aforesaid solution of trouble was not effected. While 
 Lowther had been made Attorney-General of the Prov- 
 ince, Moore had, on Bewley's death, obtained from 
 Quary, Surveyor-General of the Customs, the good post 
 of Collector of the Port of Philadelphia, and kept it 
 during the rest of his life. At times hesitating, and at 
 times asking the advice of Logan and others, and 
 generally encouraged by Logan on condition that 
 Quaker rights could be protected, Penn kept alive the 
 project of turning into cash the political authority 
 which had cost him so much. 
 
 Not only were Penn's friends who were intrusted 
 with his authority in the Province and Territories par- 
 ticularly bound, in taking care of his interests, so to 
 act as to avoid giving to Parliament any provocation 
 to confiscate his viceroyalty ; but, imbued with devotion 
 to him, and seeing his necessities, they undertook, in 
 opposition to the scheme of representative government, 
 the policy of nursing and strengthening every limb of 
 his prerogative, so that the selling value of this piece 
 of property — the powers, revenues, and patronage be- 
 ing recognized as property — should be great when he 
 treated with the Crown.
 
 CHAPTER XIV. 
 
 The Anti-Proprietary Party. 
 
 Feelings of various elements of the population 
 — The City magistrates — The Assembly contends 
 with Evans — A Remonstrance ordered to be sent 
 to the Proprietary — The Militia — William Penn 
 Jr. in a row with the City watchmen — Is indicted 
 in Mayor's Court, and leaves the colony — Lloyd 
 writes the Remonstrance and a letter to eminent 
 English Quakers — The Assembly of 1704 — A 
 "great fray," in which Evans receives a beating — 
 The Assemblymen's attitude as to Lloyd's Re- 
 monstrance^ — Biles's disrespectful words about 
 Evans — The Ganawese and Shawnees — Some of 
 the former move to Tulpehocken — The Fords 
 bring suit in Chancery, and claim possession 
 of Pennsylvania and Territories — Proprietary's 
 friends carry election of 1705 — Legislation — Re- 
 ligious qualification for officers and religious 
 affirmation adopted — Law as to intercourse with 
 Indians — Revenue Act — Change as to Sheriff and 
 Coroner — Assemblymen to be chosen by plurality 
 vote — Unpleasant circumstances of the old Quaker 
 families. 
 
 Preceding chapters have mentioned Swedish suspi- 
 cion, David Lloyd's resentment, Keithian opposition, 
 Custom House officers' interests, and Anglican rivalry, 
 as well as some purchasers' real or supposed, greater 
 or less, suffering in property, such as prompted the 
 struggle with Penn at the close of his second visit. 
 It has also been shown that the Quaker settlers of the 
 general type were democratic, querulous, and self-im- 
 portant, and, with a certain amount of gratitude to 
 
 28
 
 434 Chronicles of Pennsylvania. 
 
 Penn and amenableness to his personal influence, looked 
 upon themselves as partners with him in the great 
 colonial venture. They had left home, and subdued 
 the wilderness, in order to enjoy privileges. A war 
 ending in 1697 and one lasting from 1702 to 1713 took 
 away, either by capture at sea, or scarcity and high 
 price of European articles, or cessation of immigration, 
 much of the money profit of their labor. It is not sur- 
 prising that persons so situated grudged every shilling 
 for which Penn asked. 
 
 The inconvenience of proprietary governments to the 
 empire at large has been mentioned in the chapter on 
 England. To the inhabitants of the locality subjected, 
 such a government might become intolerable. Liberty 
 had flourished in Pennsylvania, because of the enlight- 
 ened ideas of the Proprietary who founded the colony : 
 but was it fair that those who were maintaining by 
 great hardship civilization in remote regions, and were 
 still bound by their duties to the King, should have a 
 second lord and master? Particularly when, after the 
 first Proprietary must pass away, his successor, com- 
 ing by birth or purchase, would be neither the King's 
 nor the People's choice? 
 
 The opponents of Penn other than the Crown officials 
 with some Churchmen, were not desirous of abolishing 
 his viceroyalty, the basis of the colony's independent 
 and improved jurisprudence; nor was the experience 
 of those colonies of which the Governors were selected 
 by the Crown, in the high salaries and military exac- 
 tions and ecclesiastical arbitrariness, encouraging for 
 a change. In fact, that Penn was inclined to allow such 
 a change was looked upon as a betrayal. All that his 
 opponents and the majority of the freemen wanted was 
 to cut down expenses, and to minimize his power and 
 more particularly the power of his Deputies. 
 
 The City Corporation very soon fell into the hands 
 of those inimical to Penn, Lloyd becoming Recorder
 
 The Anti-Proprietary Party. 435 
 
 in place of Story, and, after Shippen's two terms as 
 Mayor, that office being held by Anthony Morris, 
 Griffith Jones, and Joseph Willcox successively. After 
 the Queen's order, the fact that Lloyd and nearly all of 
 the Aldermen were Quakers, made the Mayor's Court 
 and those Aldermen acting as magistrates the only 
 judiciary representing the religious society opposed to 
 oaths. Thus the favor of many Assemblies was en- 
 listed. 
 
 The first Assembly with which Evans came in contact 
 endeavored, by proposing certain laws, to have the City 
 Corporation strengthened, to state the powers of the 
 House, and to confirm property. At the same time, it 
 was unanimously voted to raise 1000/., and to send 100/. 
 thereof to agents to be selected, rather in place of Penn, 
 for attending the Attorney-General or Solicitor-Gen- 
 eral and Board of Trade to obtain the Queen's appro- 
 bation of the laws : but disputes with the Lieutenant- 
 Governor, recess, and adjournment prevented the per- 
 fecting of a bill for raising money, it being the determi- 
 nation of the People 's representatives to grant nothing 
 unless satisfaction were received. They were, at the 
 same time, great sticklers for respect to be shown to 
 the House, and some remarks of Councillor Guest in 
 public and private ridiculing it, and speaking of pro- 
 posed laws as absurd, unreasonable, and monstrous, 
 caused a vote that he should be rebuked; non-compli- 
 ance with which, by the Lieutenant-Governor, may have 
 added to the ill feeling. Evans and his Councillors 
 deemed preposterous the powers given in the bill re- 
 lating to the City Corporation, and as not sufficiently 
 careful of the Proprietary's interests the bill for con- 
 firming property. These bills were in fact smothered 
 in Council rather than fought. The great contention 
 arose from the bill for the confirmation of the Charter 
 of Privileges, or Frame of Government. This bill de- 
 clared the Governor unable to prorogue or dissolve the
 
 436 Chronicles of Pennsylvania. 
 
 Assembly. Such power, Evans and his advisers did not 
 consider to have been relinquished by the Proprietary, 
 and therefore did not think the Lieutenant-Governor 
 had any right to bind the Proprietary to forego, al- 
 though the Assembly offered to limit the length of the 
 sessions, except when the Governor consented. One of 
 several amendments proposed by Evans gave the Coun- 
 cil a part in legislation: this was rejected, one of the 
 unanimous resolves of the Assembly on 6mo. 10 being 
 that it would be inconsistent with King Charles 's patent 
 and the Charter of 1701, except when the government 
 (the Lieutenant-Governorship) were vested in the 
 Council, which the House was willing should happen 
 on the death of a Lieutenant-Governor, unless there 
 should be some other provision by the Governor-in- 
 Chief. The Assemblymen decided to adjourn, and so to 
 leave the subject to their successors, and asked the 
 Lieutenant-Governor to think over the bills meanwhile. 
 Accordingly, an order was made that the Speaker, who 
 seems to have been regarded as something like the 
 Clerk of a Quaker Meeting, should have the minutes 
 for the year prepared, and take the advice of Biles, 
 Willcox, Morris, Norris, Wood, Jones, and Richardson 
 or as many of them or others of the body as could be 
 conveniently consulted, about the minutes being pub- 
 lished. Thus the phraseology of the minutes was left 
 to be perfected later by Lloyd, whose consulting others 
 was practically optional. It was ordered on 6mo. 25 
 that a representation to the Proprietary be prepared 
 by the Speaker, Norris, and Willcox, and be brought 
 into the House the next day, they to deal plainly with 
 the Proprietary concerning the privileges and immuni- 
 ties which he promised to the People, and how incon- 
 sistent and repugnant thereto was his commission to 
 the present Deputy, as well as former orders and pro- 
 ceedings, how the People were wronged and deprived 
 of those privileges, how they were injured in their
 
 The Anti-Proprietary Party. 437 
 
 properties, and what inconveniences had happened 
 from the Proprietary's not passing the bill for regu- 
 lating fees proposed to him in 1701. Willcox reported 
 on the 26th that the committee of three had made little 
 progress, and could not finish; but Lloyd, as he avows 
 (see Penn and Logan Correspondence, Vol. II, p. 407), 
 had written nine articles to be embodied, and, the 
 House resolving that the subject matter be forthwith 
 drawn up, these were proposed, and, although, so near 
 adjournment, some of the members were not paying 
 attention, the articles were read, somewhat amended, 
 and agreed to without one vote in the negative, and the 
 representation was ordered to be drawn according to 
 those heads, and to be perused by the members who 
 were to peruse the minutes. Some time afterwards, 
 certain members, who may be called fickle or weak- 
 kneed, frightened at the turn resulting from their ac- 
 tion or complaisance, said that they had not heard the 
 articles, and had had confidence that the committee 
 would be very respectful to the Proprietary — in what 
 member except Norris could they have had such confi- 
 dence I — and that the whole House would hear and vote 
 upon the Remonstrance before it were sent — but when 
 could that be, the immediate aljournment being final? 
 There can be very little doubt that the interlineation 
 by Lloyd himself, who had control of the minutes, to 
 the effect that the Representation be signed by the 
 Speaker, and sent to the Proprietary by the first oppor- 
 tunity, expressed what was ordered. 
 
 Certain proceedings of Evans and some of his Coun- 
 cillors gave the City Corporation some grievances. The 
 militia had increased in Philadelphia to three com- 
 panies, under Captains Lowther, George Roche, and 
 John Finney, and on 4mo. 13, 1704, gave a military 
 funeral to the old naval veteran, former Lieutenant- 
 Governor Markham. To encourage enlisting, a procla- 
 mation was issued by the Governor relieving all who
 
 438 Chronicles op Pennsylvania. 
 
 were on the muster rolls from the duties of watch and 
 ward, which the City authorities enforced upon all the 
 citizens. Guest, Samuel Finney, Roche, and Pidgeon, 
 put into the County Court in order to administer oaths, 
 claimed a concurrent jurisdiction with the Mayor's 
 Court in licensing drinking places; and it was only 
 after approval of the County Court was obtained that 
 the Governor issued any license. A third source of 
 complaint was the protection given to a tavern keeper, 
 after conviction in the Mayor's Court for a misde- 
 meanor, the charge apparently having resulted largely 
 from the conduct of William Penn Jr. 
 
 Young Penn's natural inclinations for livelier com- 
 pany than the older Quakers, and his knowledge that 
 his Quaker family could not retain the government un- 
 less non-Quakers undertook the defence of the region, 
 made him the friend and champion of the militia offi- 
 cers, although he still belonged to the peace-loving 
 Society, and had written to Logan two years before: 
 "as for the poking-iron [sword], I never had courage 
 enough to wear one by my side." One evening, not 
 long after the Governor's proclamation excusing the 
 militia from watch and ward, the City watchmen, as 
 Logan gives the account in a letter to the Proprietary, 
 "meeting with a company at Enoch Story's, a tavern, 
 in which some of the militia officers were, a difference 
 arose, that ended with some rudeness. Next night, 
 the watch coming again to the same place, and thy 
 son happening to be in company, there was something 
 of a fray which ended in the watch retiring." This 
 was a euphemistic way of describing it to the young 
 man's father, if Watson the Annalist has preserved the 
 truth in the statement following: "Penn called for 
 pistols to pistol them, but the lights being put out, one 
 fell upon young Penn, and gave him a severe beating." 
 If he did call for pistols, the case is made out that he 
 was drunk. Before his arrival in the country, his father
 
 The Anti-Proprietary Party. 439 
 
 had written to Logan not to let him be in any public 
 house after the allowed hours. The severe beating may 
 have been confused with that given to Governor Evans 
 after young Penn had left the colony. Isaac Norris 
 wrote that William Penn Jr. was "in company with 
 some extravagants that beat the watch at Enoch 
 Story's." Logan goes on to say: "This with all the 
 persons concerned in it, was taken notice of at the next 
 Mayor's court that sat" — i.e. on Sep. 3, Morris being 
 Mayor, and Lloyd being Recorder, and probably gloat- 
 ing over the opportunity to hurt the elder Penn. The 
 grand jury made a virtue of being no respecter of per- 
 sons; but Logan says that the indignity of a present- 
 ment put upon the eldest son of the founder of the 
 Corporation, although no further action was taken, 
 was looked upon as base by most people of moderation, 
 and, in fact, caused some obstreperousness — he says 
 "disorders" — at night, which he acquits William Jr. of 
 instigating. Certainly the act of the Corporation was 
 resented by the heir apparent himself, and afterwards 
 by the Proprietary. Story was proceeded against for 
 entertaining at the house certain servants of William 
 Bevan, whereupon Story's counsel claimed that, under 
 the Queen's order, a certain non-Quaker witness for the 
 prosecution should be sworn. None of the Court being 
 conscientiously able to administer an oath, the witness 
 was allowed to be attested, and Story was convicted. 
 He appealed to the Governor and Council on 7ber 15, 
 and, following the Queen's order, a proclamation was 
 issued setting aside the proceedings, and forbidding 
 all officers from executing any writ founded thereon. 
 AVilliam Penn Jr. attended that meeting of the Council, 
 but none later. To show his contempt for the strict 
 Quakers, he drank toasts, and appeared in fashionable 
 clothes when Lady Cornbury made a visit from Bur- 
 lington to Philadelphia, — this is the way we must trans- 
 late Logan's statement that William Jr. "indulged
 
 440 Chronicles of Pennsylvania. 
 
 himself in the same freedom that others take," — but he 
 still declared his adherence to Quaker doctrine. He 
 entertained Lord and Lady Cornbury at Pennsbury, 
 and came back to Philadelphia to assist in receiving 
 Governor Seymour of Maryland, and then, having sold 
 Williamstadt manor on the Schuylkill (now Norristown 
 and Norriton township), left America, fated never to 
 return. 
 
 Lloyd, consulting Willcox and Jones, wrote, as we 
 are told (Penn and Logan Correspondence, Vol. I, p. 
 331) a ''most virulent unmannerly invective" as the 
 Representation, or Remonstrance, to the Proprietary, 
 but, indeed, to make an invective, there was required 
 very little change in the words of the heads agreed 
 upon by the Assembly. These heads were viz : 1st, that 
 the Proprietary's artifices brought all privileges and 
 charters to be defeasible at his will and pleasure ; 2nd, 
 that all dissolutions and prorogations and calling As- 
 semblies by writs, as authorized by commissions to the 
 present Deputy and orders to former Deputies and 
 Commissioners, were contrary to the charters granted; 
 3rd, that the Proprietary had had great sums of money 
 for negotiating the confirmation of laws and good terms 
 for the people, and easing as to oaths, but none of the 
 laws were confirmed, and, by the Queen's order requir- 
 ing oaths to be administered, the Quakers were dis- 
 abled to sit in Courts ; 4th, that there had been no Sur- 
 veyor-General since Pennington's death, but great ex- 
 tortions by surveyors and the other officers concerned in 
 property by the Proprietary's refusal to pass the law 
 regulating fees; 5th, that there was likely to be no 
 remedy except where particularly granted by the Pro- 
 prietary, because the present deputy called it a hard- 
 ship on him, and the Council urged it as absurd and 
 unreasonable, to expect any enlargement or explana- 
 tion of what the Proprietary granted; 6th, that there 
 was no remedy against wrong or oppression by the
 
 The Anti-Proprietary Party. 441 
 
 Proprietary, because his Clerk of the Court refused to 
 make out any process, and, by the Justices appointed 
 by the Proprietary, the latter was practically judge of 
 his own case; 7th, that, Sheriffs and other officers 
 commissioned by him being persons of no estates, and 
 their security being given to him, the abused or de- 
 frauded persons could reap no benefit; 8th, that the 
 Commissioners of Property neglected and delayed 
 making satisfaction where people had not the full 
 quantity of land ; and, 9th, that the Proprietary should 
 not surrender the government, as he had intimated, and 
 should understand how vice was growing of late. 
 Lloyd did not show the Eemonstrance to Norris, the 
 other member of the committee of three, but showed it 
 to Biehardson, who disapproved of it. Lloyd {Penn 
 and Logan Correspondence, Vol. II, p. 408) afterwards 
 said that all but three of the seven members of the 
 committee on minutes approved, and that five Assem- 
 blymen examined the fair transcript before it was sent. 
 Lloyd actually signed it when his term as Speaker had 
 been ended by the new election for Assemblymen. He 
 enclosed a copy in a letter, dated 8ber 3, to three 
 prominent Quakers in England, George "Whitehead, 
 William Mead, and Thomas Lower, of whom Mead and 
 Lower were known to be unfriendly to Penn, request- 
 ing them by ' ' such Christian methods ' ' as they should 
 see fit to oblige William Penn to do the People justice. 
 There was mentioned as also enclosed a copy of the 
 bill which the Assembly wished to pass in relation to 
 oaths, and the persons addressed were desired to solicit 
 the Queen in favor of it. The letter said "I suppose 
 you will have a more ample account by others of the 
 condition this poor province is brought to by the late 
 revels and disorders which young William Penn and his 
 gang of loose fellows he accompanies with are found in, 
 to the great grief of Friends and others in this place." 
 The letter closed with the request for an endeavor to get 
 
 29
 
 442 Chronicles of Pennsylvania. 
 
 an able lawyer of sobriety and moderation, but not in 
 Penn's interest, to be commissioned Chief Justice of 
 the Province and Lower Counties and also the Jerseys ; 
 a position which could be worth 400 or 500£. per annum 
 besides fees and perquisites. The letter spoke of Mom- 
 pesson as thought of formerly, but unable to stay, be- 
 sides "too much in William Penn's interest, and given 
 to drink." This letter with its enclosures was sent on 
 a vessel which was captured by the French, and all 
 were examined, and thrown upon the deck. A fellow 
 passenger other than the one intrusted with them, 
 gathered them up, and, with permission of the French 
 officer, eventually had them put into the hands of Penn, 
 without going to the three Quakers. 
 
 The election in October, 1704, resulted in little 
 change in the Assembly, in fact in the loss of two or 
 three who might have restrained the majority. At the 
 same time, in Philadelphia County, John Budd Jr. and 
 Benjamin Wright were chosen to be presented to the 
 Governor for him to select one as Sheriff, that office 
 being held by John Finney, appointed in August, 1703, 
 on the resignation of Thomas Farmer. The Frame of 
 Government having prescribed for the presentation 
 every three years, Evans claimed that this could not be 
 made until 1705, and, accordingly, he allowed John 
 Finney to continue in office. Evans raised an inquiry 
 as to how the Assemblymen were being qualified, but 
 the Council satisfied him that the promise of fidelity 
 prescribed by the law of 1700 was sufficient. He then 
 received and addressed the Assembly without providing 
 a chair for the Speaker, and so, although he himself was 
 standing, gave affront to at least Lloyd, who had been 
 re-elected Speaker. The House presented their former 
 bills for confirmation of the Charter, and confirming 
 property, and one, probably the same as copied for 
 Whitehead, to authorize affirmations. The Assembly- 
 men voted, on 8mo. 27, to add to the Remonstrance the
 
 The Anti-Proprietary Party. 443 
 
 aggrievance of persons by reason of quit rents on the 
 lots in the City, especially the bank lots, and to state 
 the Proprietary's promise of a gift of the site of the 
 great town. No agreement on any bill was reached 
 with the Lieutenant-Governor. He had asked for 
 money to maintain the government by his living in 
 becoming style, and by the exigencies of state being 
 " prevented or timely answered;" but the Assembly- 
 men determined not to give anything until their privi- 
 leges were confirmed. Penn had endorsed his Lieu- 
 tenant's stand on the bills in debate during the Summer, 
 and one of Evans's messages said that it was strange 
 that reasonable men could propose such an injury to 
 the Proprietary as the bill of property, without offering 
 an equivalent, such as a settled revenue for the support 
 of government, and the defraying of public charges. 
 The Assembly then offered for that purpose 1200Z. and 
 an impost on wine, cider, &ct., on condition of confirma- 
 tion of what the members thought agreeable to the 
 Proprietary's engagement with his People. This was 
 not accepted. 
 
 Various other matters had increased the estrange- 
 ment. A ''great fray," too late to be made use of by 
 Lloyd in his letter, took place in the city on the night 
 of November 1, 1704. Jenkins, in his Family of William 
 Penn, has shown that this has been confused with the 
 affair in which William Penn Jr. figured, the last named 
 being on the seas at this time. In the catalogue of 
 particulars prepared to accompany the Assembly's 
 letter of 4mo. 10, 1707, is mentioned the Lieutenant- 
 Governor's beating "Solomon Cresson, Constable of 
 this City, when he was doing the Duty of his Office 
 upon the Watch about two years ago," and sending him 
 "to Prison, where he was kept till the Afternoon of the 
 Day following, for no other Cause that we can find, 
 but bidding a lewd Tavern-keeper disperse her Com- 
 pany, where the Governor happened to be about One
 
 444 Chkonicles of Pennsylvania. 
 
 a Clock at Night, though the Constable knew not of his 
 being there till he called him in, and began to beat 
 him." This evidently gives us the starting of the 
 "great fray," as it is called in the Minutes of the 
 Governor's Council. Evidently Cresson sounded an 
 alarm for help. There came to the scene the chief 
 officers of the City. Deborah Logan has quoted a tra- 
 dition that, the lights being put out, Joseph Willcox, 
 who was an Alderman, seized one of the roisterers, and 
 beat him. This happened to be the Lieutenant-Gov- 
 ernor, suffering in his turn. When Willcox became 
 aware whom he had hold of, he beat him again. The 
 next day, the Attorney-General formally complained to 
 the Governor and Council of the abuse of some gentle- 
 men by the watch, and the support given to the latter 
 by the Mayor, Recorder, and an Alderman, and asked 
 whether, as it was impossible to try them in the Mayor's 
 Court, a trial in another court should be ordered. On 
 examination of the Mayor, Recorder, and Alderman 
 Willcox, it was wisely decided that they had been in 
 no way concerned in the disturbance, except to quell 
 it. 
 
 Evans demanded from this Assembly a copy of the 
 Remonstrance sent in the name of the preceding one, 
 and, the members disliking Lloyd's using the word 
 "treachery" and some other harsh expressions, word 
 was sent to the bearer of a copy, who was supposed to 
 be still at New York, to bring it back for further con- 
 sideration, but he had sailed. Logan says that this As- 
 sembly, which declined Evans's demand for a copy, re- 
 fused to adopt the document as its own, in spite of 
 Lloyd's wily suggestion that such adoption would make 
 it proper to furnish the copy. The statement that the 
 Assembly "disowned the Remonstrance" is true only 
 as to some of its strong language. An address of 3rd 
 month contained the following very careful expression : 
 "Our part is to lament (as we really do) that there
 
 The Anti-Proprietary Party. 445 
 
 should be true occasion for such representation, or, if 
 none, that it should be offered our Proprietary. ' ' There 
 was, to be sure, added, without really weakening the 
 effect, ' ' whom we both love and honour. ' ' The address, 
 which was the one making the conditional offer of money 
 last mentioned, plainly declared Penn's services to the 
 colony overpaid, if he had failed to secure the royal 
 approbation for the beneficial laws, he having promised 
 to do so, and having promised to make good terms for 
 the People upon a surrender of the government, and 
 having had 2000?. voted to him. Assurance was given, 
 rather insultingly, that if said sum was insufficient to 
 negotiate this, so that, as had been mentioned, he felt 
 that he should not be at the expense of a large fee to the 
 Attorney-General, what was right would be done by 
 the House upon receipt of an itemized statement of 
 disbursements. Based on the idea that the quit rents 
 of Is. per 100 acres had been agreed to in view of the 
 Proprietary's extraordinary expenses in being Gover- 
 nor, there was a complaint that it would be hard, if the 
 purchasers, as the Proprietary was understood to ex- 
 pect, must pay Thomas Lloyd's salary as Governor in 
 Penn's absence, which absence was for the service of 
 England, and not of the Province, while the business 
 which took him home in 1684, the boundary dispute, 
 was still unsettled, to the great discouragement of both 
 Province and Lower Counties. 
 
 In protest against the disposition and conduct of the 
 preceding and the sitting Assembly, a letter to Penn 
 was prepared about 3, 23, 1705, and signed, says Logan, 
 by "almost all the profession" (meaning Quakers), de- 
 claring abhorrence of the Eemonstrance, and willing- 
 ness to bear all the expense of the government, but, 
 however, itself mentioning a number of things which 
 the signers thought honestly their due. 
 
 Old William Biles, who was now an Assemblyman 
 from Bucks, was reported to have spoken thus of
 
 446 Chronicles of Pennsylvania. 
 
 Evans : ' ' He is but a boy ; he is not fit to be our Gov- 
 ernor. We'll kick him out; we'll kick him out." For 
 these words, which he denied using, but which doubtless 
 expressed an opinion and wish common among most of 
 the Quakers, Evans sued Biles for 2000?. damages, hav- 
 ing the writ served on him the evening that the House 
 adjourned for three weeks. Before the County Court, 
 composed of Evans's friends, Guest, Samuel Finney, 
 Pidgeon, and Edward Farmer, Lloyd, as counsel for 
 Biles, pleaded the privileges of an Assemblyman. The 
 Court overruled this, ordered the defendant to plead 
 over, and, on his refusal, would not grant an impar- 
 lance, but gave judgment against him. A jury assessed 
 damages at 3001. Evans, on June 20, sent a message 
 to the reconvened Assembly, demanding the expulsion 
 of Biles forthwith. The Assembly replied, that, as the 
 words were not alleged to have been spoken in the 
 House, it could not examine into the fact whether they 
 had been spoken or not, that such words, the House had 
 no intention to justify, but that the Sheriff, in summon- 
 ing a member the very day he was attending the As- 
 sembly, and the Justices, by their action, had committed 
 a breach of privilege: the Governor was begged to 
 allow Biles to wait upon him, and, wherein he found 
 Biles faulty, to accept a submission, which the House 
 unanimously directed should be made. Evans, infuri- 
 ated, dismissed the Assembly. 
 
 Penn thought the arrest of Biles legal, and had 
 strong feeling against him as a leading opponent in 
 Bucks County, and Penn also, even before he knew the 
 phraseology of the Remonstrance, was so incensed at 
 the want of consideration shown him by Lloyd and other 
 Quakers that he desired, by selling the government, 
 to leave them in the lurch, being convinced that the 
 Queen would annul the privileges which his charters 
 gave. He felt that he could get more justice from his 
 enemies than from the leaders of his co-religionists,
 
 The Anti-Proprietary Party. 447 
 
 for whom he had been fighting: and, in fact, Quary 
 and Moore, of the Church party in the Province, had 
 been friendly with his son, and would incline to the 
 Proprietary rather than the opposite interest. Penn 
 and Quary came into such harmony that the former in 
 1705 or 1706 submitted to his friends in Pennsylvania 
 the question of admitting Quary to the Governor's 
 Council, but this was not done. In 1707, Logan, man- 
 aging for Penn, leased Pennsbury to Quary for seven 
 years. 
 
 About the first of the year 1705, Penn laid before the 
 Commissioners for Trade and Plantations a draft of 
 an instrument of surrender and the conditions on which 
 it was to be made. 
 
 The promise in the treaty of April 30, 1701, men- 
 tioned in the chapter on the Red Neighbours, that the 
 Pennsylvania government would befriend the Gana- 
 wese and Shawnees, as well as the other Indians, was 
 well observed in comforting them in times of appre- 
 hension, and in sending messengers or speaking in 
 treaties to conciliate the Five Nations, who were often 
 reported to be preparing attacks upon the Pennsylvania 
 Indians, and furthermore by Pennsylvania exerting in- 
 fluence upon adjacent governments to restrain their 
 red men and their white men. The Ganawese, after 
 an attack on a party of them by Virginians and the loss 
 of a man, were allowed in 1705 to remove to the Tulpe- 
 hocken region, and dwell with the Delawares there, 
 Menangy, the leader of the Delawares of those parts, 
 making the request to the provincial government for 
 the permission: but a number continued to reside at 
 Connejaghera, or Conejohela, their location being later 
 described as ''above the fort" — Qu. the old Susque- 
 hanna Fort at the Falls? — and also as "several miles 
 above Conestoga." These Ganawese were sometimes 
 called Conewages, apparently after the name of the
 
 448 Chronicles of Pennsylvania. 
 
 Creek at the Falls, but the name of Conoy Town was 
 the usual one for the village. 
 
 The Fords, after the stating of the account with 
 Perm as to what was owing on April 1, 1702, as men- 
 tioned in the last chapter, were disposed to give Penn 
 time to redeem the land of Pennsylvania and the Lower 
 Counties, and postponed the probate of the elder Ford's 
 will, in expectation of the family being provided for by 
 the sums promised to be paid. Perhaps Bridget Ford 
 had more conscience than she has been credited with 
 about calling the original transaction an absolute sale. 
 Probably her advisers thought that nobody at the time 
 would give any more for the property than the re- 
 demption price : and the widow and three children were 
 not rich enough to hold that amount of capital in un- 
 productive property to await future profit: otherwise, 
 we, looking back from a time when the region has long 
 been so valuable, must think both Penn and the Fords 
 blind to their respective interests in not quickly effect- 
 ing a compromise by the allotment of land at Penn's 
 standard price in satisfaction of the amount of the Ford 
 claim. As Penn looked over the accounts carefully, he 
 became convinced that he had been cheated in the 
 method of computing the debt, even that payments 
 made by him or for him to Philip Ford had not been 
 entered. So Penn offered, if the whole account were 
 reopened before Quaker arbitrators mutually chosen, 
 to pay down one half of what they found due, and give 
 security for the payment of the other half. This the 
 Fords refused. They determined, probably for forcing 
 a speedy payment in full, to assert their rights accord- 
 ing to the face of the papers, and so brought a bill in 
 Chancery in England to have the agreement to resell 
 to Penn cleared away, and the trusts in Philip Ford's 
 will carried out. The family, moreover, executed a 
 power of attorney, dated January 24. 1704-5, to David 
 Lloyd, Isaac Norris, and John Moore to take possession
 
 The Anti-Proprietary Party. 449 
 
 of Pennsylvania and the Territories, and notified those 
 attorneys in a letter of lmo. 29, 1705 by which time 
 about four years' interest was said to be due, that the 
 lease of Pennsylvania and Territories made to William 
 Penn having expired, the latter was only tenant at will, 
 and the attorneys were to warn the holders of land not 
 to pay to Penn's agents any quit rents. Even then 
 the Fords were not anxious to take the property, and 
 Lloyd and Moore, as well as Norris, showed patience 
 and consideration : but the instructions sounded like the 
 death knell of Penn's authority, or perhaps rather the 
 funeral tolling over all government commissioned by 
 him at least since the expiration of the lease. 
 
 This letter of attorney and the instructions arrived 
 about 5mo. 10, 1705. They appear to have caused some 
 change in the feelings of the voters, or else it was an 
 ordinary instance of reaction, that a great effort of the 
 Proprietary's friends was successful in carrying the 
 ensuing election for Assemblymen. Shippen, Carpen- 
 ter, Pusey, and Hill, with Norris, whose sympathies 
 were on that side, took the seats recently held by ene- 
 mies or those acting as such. David Lloyd was rejected 
 by the ballot of the County of Philadelphia, but, how- 
 ever, was one of the two chosen to represent the 
 People of the city. Growdon, his father-in-law, who 
 had differed with him politically for some time, was one 
 of the friendly, as against three or four "scabbed 
 sheep," as Logan calls them, from Bucks. The result 
 in Chester County had been thoroughly controlled. 
 Growdon was made Speaker. 
 
 Much legislation resulted from this harmony with 
 the executive branch. The Attorney-General of Eng- 
 land had, on Oct. 13, 1704, reported to the Board of 
 Trade, objections to thirty of the laws of 1700 and 1701, 
 and observations on another, viz: that for taking lands 
 in execution. Penn, to enable the Province to save time 
 by making new laws on the various subjects, obtained
 
 450 Chronicles of Pennsylvania. 
 
 and sent over a copy of this report, and possibly also 
 suggested alterations in other laws which he knew would 
 be opposed by the Commissioners for Trade and Navi- 
 gation. The Province acted in nearly every case, and 
 nearly every substituted law was allowed by the Crown. 
 Some of the laws are in force to-day, for instance that 
 for Defalcation, or set-off against a plaintiff's demand, 
 and that for Taking Land in Execution, allowing a jury 
 to declare the rents for seven years insufficient to pay 
 the debt, and in that case having the Sheriff make sale 
 under a writ called by its Latin words Venditioni expo- 
 nas, and furthermore providing that mortgages be sued 
 out by the writ called Scire facias and the premises 
 sold under a writ called Levari, a great advance upon 
 the proceedings in chancery for foreclosure, as clung 
 to in other parts of the United States. 
 
 Some of the changes made were little more than 
 formal; others were quite radical. A table of con- 
 sanguinity and affinity was set forth within which 
 marriages should be void, but the Assembly made a 
 departure from English law in not including a deceased 
 wife's sister in the table. Milder punishments for 
 some crimes were substituted for the bloody ones which 
 the Quakers had recently prescribed. Doubtless much 
 to Penn's disappointment, but as a necessary compli- 
 ance with the sentiment of British officials, the law 
 concerning liberty of conscience was so changed as to 
 protect only those who professed faith in the Trinity, 
 and acknowledged the inspiration of the Scriptures. 
 
 A compromise between the Anglican and Quaker 
 f riends of Penn was attempted in an act for the quali- 
 fication of magistrates and manner of giving evidence. 
 It allowed Councillors, Assemblymen, Commissioners, 
 Justices, Clerks, Sheriffs, and other officers to qualify 
 by affirmation when conscientiously unable to take an 
 oath, but required them to subscribe the declarations 
 and professions of faith according to the Act of Parlia-
 
 The Anti-Peopeietaey Paety. 451 
 
 merit of 1 W. & M. for relieving Dissenters who 
 scrupled at taking an oath. As regarded the compe- 
 tency of unsworn persons to testify in court, provision 
 was necessary, owing to the Queen's repeal of the Act 
 passed at New Castle in 1700, and re-enacted in 1701, 
 allowing witnesses to give evidence by "solemnly prom- 
 ising" to speak the truth. To guard against what 
 would be practically, but not etymologically, perjury, 
 such act had ordered that a person convicted of wilful 
 falsehood was to suffer the punishment which the one 
 against whom the false testimony was given "did or 
 should undergo." This the Attorney-General objected 
 to, construing it to mean that a person bearing false 
 witness against any one in a trial for felony was to be 
 hung, even although the person tried were acquitted. 
 The omission of religious words in the affirmation was 
 not animadverted upon by the Attorney-General ; never- 
 theless, as Evans's political influence in England was 
 through the Church, the members of the Assembly, who 
 except Griffith Jones, "not in unity with Friends," and 
 Growdon, not in regular standing, and except John 
 Swift, were all Quakers, were constrained by Evans to 
 prescribe, in the new act aforesaid for qualifications 
 and giving evidence, that the affirmant answer yes or 
 yea to the strange expression in the English act, ob- 
 jected to by radical Quakers some years before as par- 
 taking of the nature of an oath, viz: "Dost thou de- 
 clare or thou shalt declare (English act says "I do 
 declare") in the presence of Almighty God, the witness 
 of the truth of what thou sayest" (English act, "of 
 what I say"). However, consideration was given to 
 the consciences of Quaker Judges, such Judges being 
 allowed to make non-Quakers affirm, if there were no 
 one on the bench free to administer an oath, and more- 
 over the administration of an oath, when there were 
 Judges who scrupled at administering one, being de- 
 clared the act of the person administering it, and not
 
 452 Chronicles of Pennsylvania. 
 
 of the whole bench. Evans was afraid to pass this, and 
 only did so upon the insertion of a proviso that the act 
 should not go into force until the 20th of September. 
 Furthermore, he notified the Board of Trade by letter 
 of Jany. 19, 1705-6, so as to have a decision reached, 
 if possible, before the act should go into force. At- 
 torney-General Northey, to whom the Board referred 
 the act, saw the desirableness of so securing service 
 and testimony for the courts in a Quaker colony, but 
 objected to a provision of the same act admitting the 
 written deposition of a sick or removing person to be 
 evidence in all cases criminal as well as civil. Mean- 
 while, Samuel Finney and others, we are told by Penn, 
 employed an attorney in England to oppose the act 
 before the Commissioners for Trade. This attorney, 
 who was George Willcocks, pointed out, among other 
 objections, that the form of affirmation was not an ex- 
 press declaration that the party says the truth. The 
 Commissioners agreed to recommend disallowance, un- 
 less Penn gave assurance that the Assembly would 
 enact by an additional law that no Judges could sit, 
 unless there were one who could administer an oath, 
 and that all who refused to take oaths be obliged to 
 declare their refusal to be for conscientious scruple, 
 and that only in civil cases should the written deposi- 
 tion be accepted as evidence. Of course, Penn could 
 give no assurance of the action of any Assembly, but 
 only that his Lieutenant could take care by appointing 
 enough Churchmen that rarely would a case be tried 
 before Quakers alone. The act was disallowed by the 
 Queen on Jany. 8, 1707-8. Thus fell, after a short life, 
 about the only Quaker provision made by the Assembly- 
 men chosen in 1705. 
 
 That the Indians should neither have grievances, nor 
 hear rumors inciting them to rise against the colonists, 
 an act, drawn up by Logan, and to remain in force for 
 three years, was passed, and, moreover, was not re-
 
 The Anti-Proprietary Party. 453 
 
 pealed in England. Under its terms, any person kill- 
 ing, wounding, beating, or abusing an Indian was made 
 subject to the same punishment as if the injury were 
 done to a natural born subject of England, and was to 
 be fined in addition ; a person spreading stories which 
 might alienate the mind of the Indians was, on convic- 
 tion by either Christian or Indian evidence, to be heav- 
 ily fined, and to be imprisoned, and to give security 
 for good behavior ; fifty pounds a year were allowed for 
 necessary treaties and messages ordered by the Gov- 
 ernor and Council ; no one for trading with the Indians 
 was to go into the woods or from his plantation except 
 to an English market town or place, unless to buy 
 corn, venison, provisions, or skins for clothing himself 
 or family, without a license from the Governor by order 
 of the Governor and Council, good for one year, which 
 license was to be granted to any natural born subject 
 of the Crown upon his giving security to trade honestly, 
 and observe the rules and orders made by the Governor 
 and Council for regulating the trade; all skins, furs, 
 and other commodities bought of the Indians by such 
 traders were to be sold within the province. 
 
 The majority of those Assemblymen being in the 
 humor to do whatever was for the Proprietary's 
 interest, acts were passed for enforcing the payment 
 of his quit rents, for collecting the arrears of the 2000?. 
 voted to him in 1700, and for providing for the Lieu- 
 tenant-Governor, as well as paying debts and applica- 
 tion to such other purposes as the Governor and 
 Assembly might appoint. This last mentioned act 
 levied a tax of 2\d. per I. on all estates over 30Z. exclu- 
 sive of household goods and implements of use, and 105. 
 per head on all freemen over twenty-one who had been 
 six months clear of apprenticeship, and were not worth 
 30/., also an impost for three years on certain liquors 
 imported, and on butter and cheese, except when from 
 Delaware, New Jersey, England, or Ireland, and on
 
 454 Chronicles of Pennsylvania. 
 
 negro slaves and servants, except when brought from 
 Delaware or New Jersey. 
 
 Some changes in the constitution of the government 
 were made by this Assembly. One was in the direction 
 of democracy. The Sheriffs and Coroners were to be 
 selected as before, but were to serve only one year, 
 and their bonds were to be taken in the Queen's name, 
 and to be for the use of those injured by the acts of 
 those officials. On the other hand, majority rule might 
 cease under the Act for Ascertaining the Number of 
 Assemblymen, and Regulating their Election: they 
 were to be chosen by plurality vote; an arrangement 
 which, whether intended so or not, enabled a well organ- 
 ized minority, such as the Proprietary's friends could 
 have expected to command, to seize this refuge of popu- 
 lar government, or, rather, of the qualified voters' gov- 
 ernment. Only by the determined rallying of a major- 
 ity around those whom they trusted, could this be pre- 
 vented. 
 
 The Quakers, except a few individuals, had now fallen 
 politically into a situation as unpleasant as that of the 
 Churchmen a short time before, and more particularly 
 the rural, plainer, more radical families, who might be 
 called the co-adventurers with Penn. Their expecta- 
 tions, whether reasonable or not, of an easy, popularly 
 controlled, and cheap government had been disap- 
 pointed. Penn, of whose influence they had an exag- 
 gerated idea, had failed to abolish oaths permanently, 
 to secure an exemption from tribute on the occasion of 
 war, and to free the disposal of the crops and the ob- 
 taining of necessaries from jeopardy and frequent loss 
 under Parliament's policy and Admiralty's adminis- 
 tration. There were doubtless some individuals who 
 were interfered with by the religious qualification just 
 established, and there were more who disliked it. 
 There was a disappointment throughout the Society of 
 Friends at Evans's putting off the approval of a law
 
 The Anti-Proprietary Party. 455 
 
 empowering religious societies to receive and dispose 
 of lands for their necessary uses, it being doubted 
 whether, without such law, a Quaker Meeting could 
 legally claim any real estate for a meeting-house or 
 burial ground. As, in England, land granted for pious 
 uses could not be alienated, the Vestry of Christ Church 
 was asked whether it was willing to accept the power 
 to do so, and the Vestry expressed objections to the 
 bill; so that Evans feared that consenting to it might 
 offend "the Bishop" (probably the Bishop of London, 
 in charge of the Church in America, but possibly the 
 aforesaid Bishop of Bangor). There were doubtless a 
 number of landholders, non-Quakers as well as Quakers, 
 frightened about their own possessions by the repeal 
 of the old law about property, and the submission to 
 William Penn, across the seas, of a new bill for con- 
 firming grants and patents. As to the chance of gov- 
 erning themselves, most of those pioneers or their sons 
 who would have liked to participate in affairs, could 
 feel themselves crowded out, except as to the Shrievalty 
 or Coronership or membership of the Assembly: the 
 Council contained men who had come since the summer 
 of 1699, one member, George Roche of Antigua, having 
 been appointed within about a year after his arrival, 
 without there being excuse, as in the case of Mompesson 
 and young Penn. With the increasing number of 
 Churchmen in office, the Quakers among the Governor's 
 advisers and most of those chosen to the Assembly in 
 1705, might be said to be "Pennites" first, and Quakers 
 afterwards. Penn had received, or was collecting, 
 under appropriations, considerable sums of money not 
 convenient for the inhabitants to pay, and now all were 
 being called upon to maintain in style above the sump- 
 tuary ideas of the Quakers Penn's personal representa- 
 tive as Governor, who had nothing in common with the 
 earnest Quakers, whom they could neither respect like 
 Blackwell, nor feel as a neighbour towards like Mark-
 
 456 Chronicles of Pennsylvania. 
 
 ham, nor even make a bargain with like Fletcher. Too 
 faithful to Penn to abate any of his prerogative, Evans 
 was so obedient to the Queen as to interfere with the 
 enforcement of law and order : and Penn was not show- 
 ing himself a Roman parent as to the behavior of his 
 son, but resenting as a piece of spite the noticing of it. 
 The Quakers were losing one by one the benefits derived 
 from a seigniory in the hands of one of their persuasion 
 interposed between them and the Crown : the seigniory 
 was likely soon to be surrendered ; but if it should not 
 be, but descend to William Perm's heir, then if the heir, 
 who had been displeased with the Pennsylvanians, 
 should forsake the Society of Friends, would any benefit 
 remain ?
 
 THE LIBRARY 
 UNIVERSITY OF CALIFORNIA 
 
 Santa Barbara 
 Goleta, California 
 
 THIS BOOK IS DUE ON THE LAST DATE 
 STAMPED BELOW, 
 
 20m-3,'59(A552s4)476
 
 ****s 
 
 UC SOUTHERN REGIONAL LIBRARY FACILITY 
 
 AA 000 876 395 5