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 hearing appeals and trying murders &ct. was made stationary 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 opposed 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, however, 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 apparently 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 children, as she did in her husband's lifetime, which would

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 commission, 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 representatives 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 Proprietary, 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 commission 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,

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, giving to that self-willed individual the power to put in and turn out what officers he saw fit. The five Commissioners were more agreeable to the Delawareans, Cann being one of themselves, Markham very acceptable to them, and Turner not under the control of Lloyd and Jennings. The Delawareans asked, if that arrangement were not chosen, then that the authority of the whole Council be continued, otherwise they would secede. 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, protesting that the charter required two thirds as a quorum and a two thirds vote in "affairs of moment," withdrew. 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 President. 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 disliking the influence of David Lloyd upon all Judges whom Thomas Lloyd might appoint, but being now incensed at being stigmatized as traitors, and charged with wishing to throw their territory into the hands of

New York. The latter thought, they disclaimed in a letter to Penn.

On petition of the "inhabitants and settlers" of the town of Philadelphia, "being some of the first adventurers 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 Councilmen 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, murder, 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.

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 magistrates 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 offering 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 commission 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 number 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 petitions, 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 Provincial 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