like a practised man, set out with endeavouring to sow dissensions among the freemen, and by making such a display of the proprietary power as might awe the majority into proprietary measures.

Thus John White, the former speaker, who signed the letter from the assembly to Mr. Penn, concerning the misdemeanors of More, was no sooner returned for the county of Newcastle, than he was thrown into prison, and by violence wrested out of the hands of the assembly, after he had been brought up to Philadelphia by habeas corpus. The said governor also, finding that the said assembly was not of the proprietary complexion, and that they were disposed to open the session with a discussion of grievances, found pretences for several days to evade giving them audience, all either frivolous or groundless; and, in the mean time, left no stone unturned to temper the council to his own mind, and then, by their concurrence, to make a suitable impression upon the assembly.

The assembly, however, not only retained their firmness, but also took care to leave the two following memorials of it in their minutes; to wit,

May 14th.-"That, whereas this assembly have attended here for several days, and have sent several messengers to the governor and council, appointed to confer with the members of assembly according to charter; and whereas the said messengers have given this House to understand, that they were answered by the governor, that there was not a full council to receive them; and, whereas this House being well assured, that there is, and has been for these two days last past, a competent number of members in town, ready to yield their attendance, yet several of the said members have not been hitherto permitted to sit in council, to the great detriment and grievance of the

country; therefore, we desire, that these grievances may be speedily redressed, and our liberties inviolably preserved."

May 15th. "That no person who is commissionated or appointed by the governor to receive the governor's fines, forfeitures, or revenues whatsoever, shall sit in judgment in any court of judicature within this government, in any matter or cause whatsoever, where a fine or forfeiture shall or may accrue to the governor."

On the last of these two days, and previous to the last of these votes, the governor at length favored them with the meeting desired; and thereat made a speech, in which are the following remarkable paragraphs; viz.

66 I suppose you have been formerly acquainted with the reasons and necessity of the proprietary's absenting himself so long from you as till the late revolutions in England; he hath frequently evidenced his strong desire above all things to be restored to you; what hath hindered of late, we have from the divers reports of things transacted in England, which require we should wait for their being rendered more certain; and, in the mean time, strive in our prayers, that the Lord, who governs this universe, will do it in his wisdom and good will, towards all his suffering people, and ourselves in particular.

"I suppose, Gentlemen, you expected some bills should have been sent down to you from the provincial council, for your consideration, before your coming up and passing them into laws at this meeting. Divers reasons might be why none were; I shall acquaint you with some of them; viz.

"1. The honorable proprietary, for reasons known to himself, hath given positive directions for letting all the laws drop or fall, except the fundamentals, and afterwards for calling together the legislative authority,

to pass such of them, or others, as they should see fit for the future; which is my full intention to do.

"2. The honorable proprietary, being by his patent from the King, authorized by himself, his heirs, &c., with consent of the freemen, to make, and under his seal to publish, necessary laws for the good of the people; which had never been done with all requisite circumstances, whilst himself was here; and without which I must doubt whether what were passed, or should hereafter be passed, have that due sanction or establishment which laws require; and finding the great seal, under which they should pass, was not to be had, the keeper thereof refusing to allow the use of it in any cases by my direction, I therefore looked upon it as labor in vain to attempt it.

"3. The present posture and alteration of affairs in England; the uncertainty touching the condition of the proprietary himself, and his power; and the fears of what dangers might ensue, as well to him as ourselves, in passing and confirming laws of such a nature, as would have been approved of in this conjuncture of affairs, forbade it.

"4. The animosities and dissensions which were here amongst you before I came, and have been lately revived amongst the members of the provincial council, by the endeavours of some, as to their proceedings in that service, hindered their agreement in council, as to doing any thing; insomuch as I was constrained, for love and peace sake, upon that and the other foregoing considerations, to dismiss them from further attendance on that account.

"5. An expedient occurred to me, of less danger to us all, viz. that I, being by my commission, as aforesaid, referred for my rule and instructions to the laws then in being, and which had been, as well by

the proprietary as people, approved and owned as such, whilst he was amongst you here, and observing that he had reserved the confirmation and disannulling of what laws should be made in his absence to himself; so that, if any were or should be proposed, they could not take effect among us as laws, till his pleasure should be therein declared; I came to a resolution within myself, of observing them in the course of my government, as so many rules and instructions given me by my master, as far as I should find and judge them not contrary to the laws of England, and of supplying the want or defect in your laws by the laws of England, which I believe will be most grateful to our superiors in England, especially at this time; and will be as useful among ourselves, there being no other way occurring to my understanding whereby you may receive the benefit of them; and in this purpose I am ready, unless you should otherwise advise, until, by better information out of England, we shall be led out of these state meanders."

The assembly answered, among other things, as follows; viz.

"We heartily wish that thy design in coming hither, with all imaginable respect to our governor and inhabitants here, may be pursued accordingly with suitable measures; and we cannot but have that opinion of our worthy governor's tender regard to the people here, that, as he will justify no unbecoming behaviour in us towards his representative, so we hope he will vindicate no unlawful or rigid procedure against us. As to our governor's absence, we are very sensible that, as it may be to his disappointment, so it is extremely to our prejudice. We were in expectation of receiving bills from thee and the council as formerly; to the reason thou art pleased to give why none

are sent, that the proprietary and governor hath given directions for letting all the laws drop or fall, we are credibly informed, that afterwards he was well pleased they should stand; and all the laws made here since his departure, were sent for his perusal, and none of them, to our knowledge, in the least declared void by him; neither do we conceive that he hath any reason so to do.

"As to the establishment of laws, we expected nor aimed at any higher sanction than was used in the governor's time; but, in case bills had been prepared and promulgated according to charter, and had passed by us into laws, and the great seal had been necessary, and the same duly required to be applied to the said laws, and the keeper refused the same, then we might justly blame such refusal; but, as to the way thou mentions, that our proprietary and governor is authorized by himself, and with consent of the freemen, to make laws, and under his seal to publish them, and not in the granted way of the charter and act of settlement; as we do not desire, so our hopes are, that no laws of that make will be imposed upon us; and, had we made laws at this time, as formerly, we question not but that they had been as inoffensive in the present conjuncture, as afore; and we do conceive, that our laws here, not being declared or adjudged by the King under his privy seal to be void, do remain and stand in full force, according to the true intent and meaning thereof.

"As for the charge of animosities and dissensions amongst us before thy coming here, it is so general, that we can make no other answer than that, in matters of government, our apprehensions were otherwise, the end of good government being answered, in that power was supported in reverence with the people,

VOL. III.

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