CHAPTER III.

1684-1692.

Thomas Lloyd-Impeachment of More-Disputes-Cave DwellersJohn Blackwell-Alarms of War-Penn in Trouble-Penn to Thomas Lloyd-The Lower Counties-George Keith-Bradford.

PENN sailed from the province in August, 1684, leaving Thomas Lloyd president of the council and the keeper of the great seal. As the council was the executive body of the state, and alone had power to initiate legislation, Lloyd became the practical head of the government, and this position he maintained by his inherent strength, whether in office or out of office, till his death in 1694. The Quakers looked upon him as the chief man of their sect, and he was felt to be the trusted representative of the proprietor.

He, however, failed to carry the weight of Penn himself, and almost immediately disputes arose respecting the relative powers of council and assembly. Penn had done his work well. He had indoctrinated liberty and the absolute power of the people, and the members of the popular branch of the legislature began immediately to chafe over the restrictions imposed upon them. They found in the fact that their assent was necessary to make laws, a convenient means of bringing their enemies to terms. They threatened to allow the colony to go without laws if they could not have their way. These differences were about trifling matters, and Penn and those closest to him thought the assemblymen unjustifiably insistent and foolishly exalted with a sense of their importance. It is probable there was truth in this charge. On the other hand they were in harmony with the instincts of all English legislatures of all times in struggling for complete liberty. The Long Parliament had grievous abuses to abate, and in the same spirit these Pennsylvanians

almost immediately, when the masterful presence of Penn was withdrawn, found in the exaltation of the council a little something of tyranny left. They struck at it in a way which, considering the individual questions involved, was rather ridiculous, but which, continued for nearly a century, maintained in Pennsylvania the essential principles of democracy and honest government. One cannot doubt that had Penn been properly appealed to, he would, after his usual custom, have remedied the evils complained of. Inasmuch, however, as these people were not very careful to provide for the expenses of government, throwing them largely upon him, it is hardly to be wondered at that he regarded them as more concerned with their liberties than with their duties, and was disgusted with their little animosities. "For the love of God, me, and the poor country," he wrote, "be not so governmentish, so noisy and open in your dissatisfaction."

The assembly in 1685 drew up articles of impeachment against Nicholas More, who had previously been their speaker and was now a judge of the provincial court. He was probably arbitrary, but nothing very serious was proven against him, and the council was loath to hear the case. Before anything was done his death ended the matter.

The temper of the times is shown in the following minute of the council. Then they (men with other business) were ordered to withdraw whilst ye council should debate ye matter, but immediately stepd in Abraham Man and John Blunston (Assemblymen). Abraham Man began thus: Wee are come in ye name of ye free people to know whether you have not forgot yourselves in not bringing Judg More to tryal. The secretary asked him for his petition. Abraham Man made answer that they did not look upon themselves oblged to come by way of petition considering whom they represent after some sharp repremands from the council they withdrew."

Here we have the assemblymen, swelled with their importance as representatives of a free people, bursting unannounced into the presence of the more dignified council

and demanding that they do their duty. Nothing could better stand as typical of the times.

Another source of disquiet arose from the conduct of the dwellers in the caves along the Delaware. When the settlers reached the country they would dig holes in the river bank and in front erect cabins of branches covered with bark. This would be their habitation and the place of storage of their goods till they had found their allotment and built their house. The most wealthy of the first settlers had these caves. Of course they were soon abandoned by their makers, and were then occupied by loose characters who in various ways had come into the colony. They became the homes of drunkards and a scandal. The council and the grand jury both took a hand in their suppression in 1685. Ultimately the caves were destroyed.

These political and moral disquietudes were magnified by transportation to England. Penn's enemies eagerly seized upon them, and political events at home enabled them to be used to his great disadvantage.

James II., late Duke of York, the friend of Admiral Penn and his son, came on the throne in 1684. William Penn hoped to use his influence with the catholic king to secure toleration for all dissenters. At first he succeeded, but the political necessities of the last member of the unprincipled Stuart line used toleration simply as a piece in his game, and gave it away when it suited him. Penn, however, never ceased to have personal influence at court. As James's unpopularity increased and his enemies grew bolder Penn shared in the odium, and many plots were formed to injure him and his Pennsylvania interests.

It was natural, therefore, that he should desire peace and prosperity and good reports from his colony. It seemed to him that his own friends were playing into the hands of his and their enemies by their petty dissensions. At first, early in 1688, he took the executive power from the whole council and vested it in a committee of five,-Thomas Lloyd, Robert Turner, Arthur Cook, John Simcock, and John Eckley. Then he arrived at the conclusion that they

needed a stronger hand over them than was accorded by the mild rule of Thomas Lloyd, who, moreover, earnestly requested to be released, and made the rather strange selection of Captain John Blackwell, an old parliamentary soldier, the son-in-law of General Lambert, and, as Penn describes him, "not a Friend, but a grave, sober, wise man." He writes to Lloyd to bespeak his aid, with the promise, “if he do not please you he shall be set aside."

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Blackwell met his council for the first time in December, 1688. He may have been a 'grave and sober" man, but the result of his administration of a little less than a year can hardly convince one that he was a wise" and certainly not a tactful one. Thomas Lloyd was still keeper of the great seal by Penn's appointment, and no bills could become laws without his official act. Whether properly or not it is difficult to determine, he refused either to honor the positive command of the governor to affix the seal or to give it into his custody when absent from the province. The controversy raged so fiercly, that Lloyd, though elected by the people, was refused admission to the council by the act of the governor, who adjourned the meeting whenever he appeared. The same was done in the case of Samuel Richardson, also elected by the people, but who had been turbulent and disrespectful in the meetings, and had openly refused to own Blackwell as governor. Other members declined to attend to business till the excluded representatives were seated. The assembly met and, having no bills to act upon, adjourned without doing business. David Lloyd, a Welsh Quaker lawyer, for a long time refused an order of the governor to produce the records of the court of which he was clerk without the judges' directions, acting, as he said, on the advice of Thomas Lloyd. The old governor commanded and threatened, but the odds were against him, and he only plunged himself deeper and deeper into the mire. As a councilman said, there were two governors, one inside the council chamber and one (T. Lloyd) outside, each with limited powers. It is probable also that sectarian questions came in. The strenuous Quaker partisans were

all on Lloyd's side. The representatives of the lower counties, mostly non-Quakers, generally befriended the governor. Matters came into inextricable confusion until Penn finally ended it by superseding Blackwell. The honest but misplaced soldier, with whom we cannot but sympathize, told the council, no doubt with perfect sincerity, "Tis a good day. I have given, and I do unfeignedly give God thanks for it (which are not vain words), for to say no worse I was very unequally yoked."

As the choice of Penn had resulted so unfortunately, and as he found himself still unable to return to the province, he concluded to throw the responsibility upon the council. He made two offers: they might make the council to be deputy-governor and choose a president, or they might nominate three or five persons and he would appoint one among them as his deputy. Nothing could be more fair to the people than this alternative offer, for it must be remembered the council was now elected by them. The council chose the former plan and immediately Thomas Lloyd came in again as president.

Penn's instructions given Blackwell or "whom else it may concern" show his tender care that a good government should be had in the colony. After certain matters concerning the manner of passing laws, he advises:

"Be careful that speedy as well as impartial justice be done; virtue in all cherished and vice in all punished.

66 "That feuds between persuasions or nations or counties be suppressed and extinguished.

"That widows, orphans, and absent may be particularly regarded in their right.

"That magistrates live peaceably and soberly, for I would not endure one loose or litigious person in authority.

"Rule the meek meekly and those that will not be so ruled rule with authority."

The first of many difficulties due to Quaker scruples about warfare occurred during Blackwell's administration. On the first day of November, 1689, he communicated to the council a letter from the English Secretary of State