proof of the zeal of the commissary, and the good intentions of the assembly. The population of the colony increased, but not so rapidly as elsewhere. The usual estimates for this period are too low. In 1710, the number of bond and free must have exceeded thirty thousand; yet a bounty for every wolf's head continued to be offered, the roads to the capital were long marked by notches on trees, and water-mills still solicited legislative encouragement. Such was Maryland as a royal province. In 1715, the authority of the infant proprietary was vindicated in the person of his guardian.

1715.

More happy than Lord Baltimore, the proprietary of Pennsylvania recovered his authority without surrendering his principles. Accepting the resignation of the narrow and imperious, but honest Blackwell, who, at the period of the revolution, acted as his deputy, the Quaker chief desired "to settle the government in a condition to please the generality," to "let them be the choosers.""Friends,"such was his message,-"I heartily wish you all well, and beseech God to guide you in the ways of righteousness and peace. I have thought fit, upon my further stop in these parts, to throw all into your hands, that you may see the confidence I have in you, and the desire I have to give you all possible contentment." And, as the council of his province was at that time elected

directly by the people, that body collectively was 1690. constituted his deputy. Of its members, Thomas Lloyd, from North Wales, an Oxford scholar, was universally beloved as a bright example of the integrity of virtue. The path of preferment had opened to him in England, but he chose rather the internal peace that springs from "mental felicity." This Quaker preacher, the oracle of "the patriot rustics" on the Delaware, was now, by free suffrage, constituted president of the council. But the lower counties were jealous of the superior weight of Pennsylvania; disputes respecting appointments to office

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grew up; the council divided; protests ensued; the 1691. members from the territories withdrew, and would not be reconciled; so that, with the reluctant consent of William Penn, who, though oppressed with persecutions and losses, never distrusted the people of his province, and always endured hardships as though they "were, in the end, every way for good;" the lower counties were constituted a separate government under Markham. Thus

did the commonwealth of Delaware begin an independent existence. It was the act of its own citizens.

Uncertainty rested on the institutions of the provinces ; an apparent schism among the Quakers increased the gloom. Who denies that the heart of man is deceitful, and desperately wicked? Often an apostate from a party, in the incipient stages of apostasy, is unconscious of his change; and the delusions of self-love nurse the belief that the perverse community from which he separates leaves him alone to vindicate their principles in unaltered 1691, purity. So it was with George Keith. Amidst the 1692. applause of the malignant opponents of Quakers, the apostate, conciliating other Protestants by a more formal regard for the Bible, which the Quakers reverenced, and would not even seem to undervalue, asserted his own exclusive adhesion to the principles of Friends, by pushing the doctrine of non-resistance to an absolute extreme. No true Quaker, he asserted, can act in public life, either as a lawgiver or as a magistrate. The inferences were plain. The liberties of the province, fruits of Quaker legislation, were subverted; and, if Quakers could not be magistrates in a Quaker community, King William must send churchmen to govern them. Conforming his conduct to his opinion, Keith resisted the magistracy of Pennsylvania with defiance and contumely. The grand jury found him guilty of a breach of the laws; an indictment, trial, and conviction followed. The punishment awarded was a fine of five pounds; yet, as his offence was, in its nature, a contempt of court, the scrupulous Quakers, shunning the punishment of impertinence, lest it should seem the punishment of opinion, forgave the fine. Meantime, the envious world, vexed at the society which it could neither corrupt nor intimidate, set up the cry that the Quakers were turned persecutors. Not a word of explanation would be listened to. The expressions of indignation, which the bluntness of the Quaker magistrates had not restrained, were quoted as proofs of intolerance. But, in the great conflict of parties, the devices of an apostate to deceive have but an accidental and transient interest; the unchanged Quaker, disowned by those who had cherished and advanced him, was soon left without a faction, and, tired of his position, made a true exposition of the strife by accepting an episcopal benefice.

The disturbance by Keith, creating questions as to the

administration of justice, confirmed the disposition of the 1692- English government to subject Pennsylvania to a 1693. royal commission; and, in April, 1693, Benjamin Fletcher, assuming power as governor for William and Mary, once more united Delaware to Pennsylvania. If no open opposition was made," yet some, who held commissions from the proprietor, withdrew at the publishing of their majesties' commission, and others refused to act under that power."

When the House of Representatives assembled, resistance was developed. It was the object of Fletcher to gain supplies; the wary legislators were intent on maintaining their privileges. The laws founded on the charter of Penn they declare to be " yet in force; we desire the same may be confirmed to us as our right and liberties." If the laws," answered Fletcher, "made by virtue of Mr. Penn's charter, be of force to you, and can be brought into competition with the great seal which commands me hither, I have no business here ;" and he pleaded the royal prerogative as inalienable. "The grant of King Charles," replied Joseph Growdon, the speaker, "is itself under the great seal. Is that charter in a lawful way at an end ?"

To reconcile the difference, Fletcher proposed to re-enact the greater number of the former laws. "We are but poor men," said John White, "and of inferior degree, and represent the people. This is our difficulty; we durst not begin to pass one bill to be enacted of our former laws, least by soe doing we declare the rest void."

The royalists next started a technical objection: the 1693. old laws are invalid because they do not bear the great seal of the proprietary. "We know the laws to be our laws," it was answered; " and we are in the enjoyment of them; the sealing does not make the law, but the consent of governor, council, and assembly."

The same spirit pervaded the session; and the grant of a penny in the pound, which, it was promised, "should not be dipt in blood," was connected with a capitulation recognizing the full legislative rights of the representatives. And a public manifesto, signed by all the members from Pennsylvania, declared it to be" the right of the assembly that, before any bill for supplies be presented, aggrievances ought to he redressed."" My door was never shut," said Fletcher on parting; "but it was avoided, as if it were

treason for the speaker, or anie other representative, to be seen in my company during your sessions.'

One permanent change in the constitution was the fruit of this administration: the house originated its bills, and retained this right ever after. Fletcher would gladly have changed the law for "yearlie delegates;" for "where," thought the royalists, "is the hurt, if a good assemblie should be continued from one year to another ?" But the people saved their privilege by having elected an assembly of which Fletcher could "give no good character at Whitehall,” and which he could have no wish to continue.

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The assembly of the next year was still more im1694. practicable, having for its speaker David Lloyd, the keenest discoverer of grievances, and the most quiet and persevering of political scolds. 'If you will not levy money to make war,"-such was the governor's message, -" yet I hope you will not refuse to feed the hungrie, and clothe the naked." The assembly was willing to give alms to the sufferers round Albany; but it claimed the right of making specific appropriations, and collecting and disbursing the money by officers of its own appointment. The demand was rejected as an infringement on the royal prerogative; and, after a fortnight's altercation, the assembly was dissolved. Such was the success of a royal governor in Pennsylvania.

Meantime, the proprietary recovered his authority. Thrice, within two years after the revolution, had William Penn been arrested and brought before court, and thrice he had been openly set free. He prepared to embark once

more for America; emigrants crowded round him; a 1690. convoy was granted; the fleet was almost ready to sail, when, on his return from the funeral of George Fox, messengers were sent to apprehend him. Having been thrice questioned, and thrice acquitted, he now went into retirement. Locke would have interceded for his pardon; but Penn refused clemency, waiting rather for justice. The delay completed the wreck of his fortunes; sorrow lowered over his family; the wife of his youth yielded to a mortal disease; his eldest son had no vigorous hold on life; even among Friends, some cavilled at his conduct; Jesuit, Papist, rogue, and traitor, were the gentlest calumnies of the world; yet Penn preserved his serenity, and, true to his principles in a season of passionate and almost

universal war, published a plea for eternal peace among the nations.

But, among the many in England whom Penn had benefited, gratitude was not extinct. On the restoration

of the Whigs to power, Rochester, who, under 1693. James II., had given up office rather than profess Romanism, the less distinguished Ranelagh, and Henry, the brother of Algernon Sidney, of old the correspondent of the prince of Orange, as well as the warm friend of William Penn, interceded for the restoration of the proprietary of Pennsylvania. "He is my old acquaintance," answered William; "he may follow his business as freely as ever; I have nothing to say against him." Appearing before the king in council, his innocence was esta1694. blished; and in August, 1694, the patent for his restoration passed the seals.

The pressure of poverty delayed the return of the 1695. proprietary to the banks of the Delaware ; and Markham was invested with the executive power. The members of the assembly, which he convened, anxious for political liberties, which the recent changes had threatened to efface, found a remedy within themselves, and, assuming the power of fundamental legislation, framed a democratic constitution. They would have "their privileges granted before they would give_anie_monie." Doubtful of the extent of his authority, Markham dissolved the assembly. The legislature of the next year persevered, and, 1696. by its own authority, subject only to the assent of the proprietary, established a purely democratic government. The governor was but chairman of the council. The council, the assembly, each was chosen by the people. The time of election, the time of assembling, the period of office, were placed beyond the power of the executive. The judiciary depended on the legislature. The people constituted themselves the fountain of honour and of power. When the assembly next came together, Markham could say to them, "You are met, not by virtue of any writ of mine, but of a law made by yourselves." The people ruled, and, after years of strife, all went happily. Nothing was wanting but concert with the proprietary.

1697.

1699.

Before the close of the century, William Penn was once more within his colony. The commonwealth, which had been as an infant, nestling under his wing, had