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Hence, upon the province preferring the choice 1691. of a Deputy Governor, contrary to the mind of the territories, and Thomas Lloyd being preferred Th. Lloyd to that office, (which he appears to have accepted of the Prowith some reluctance) the Proprietary commissi- vince & W, onated him Governor of the province, and the of the TerSecretary, William Markham, who appears to have ritories. joined and retired with the protesting members, in their abrupt separation, was, in like manner, appointed over the lower counties, under certain restrictions.

This division of the Legislature appears to have W. Penn been much against the Proprietary's mind; who grievedriat seems to have apprehended dangerous, if not fatal, &c. consequences from it.* He blamed, or, at least,

* The Proprietary's sentiments and grief, on this occasion, appear, in
part, in the following extract from one of his letters to a friend, viz.

29th of the Fourth-morth, 1692.
" Loving friend,
" I have thine of the 13th. inftant, thy love and good intention to-
wards me I receive and accept. But, pray, consider how little I am in
- fault; and how ill I am rewarded by fome in that Province.--I left it
quiet, and the government in the council. Thomas Lloyd grew weary
of this form; writ, and got others to write, to change it to a deputyship;
I sent to know, if he would have it; in the neanwhile writ to me, he
would not meddle, and desired a quietus, or dismiss:-Upon this captain

Blackwell's wife, general Lambert's daughter, coming to me about pre-
senting something of her husband's to the King; and remembering him
to be a man of fobriety and parts, asked for him, then in New England;
and if he would accept of the government of Pennsylvania, &c. This
displeased:--I altered and left it to them, to chuse either the government
of the council, or five commissioners, or a deputy: What could be ten-
derer? Now 1 perceive Thomas Lloyd is chosen by the three upper, but
not the three lower counties; and fits down with this broken choice: This
has grieved and wounded me and mine, I fear to the hazard of all! What.
ever the morals of the lower counties are, it was embraced as a mercy,
that we got and united them to the province; and a great charter ties them;
and this particular ambition has broken it; for the striving can arise from
nothing else; and what is that spirit that would sooner divide the child,
than let things run in their own channel, but that which sacrifices
all bowels to wilfulness! Had they learned what this means, I will
have mercy, and not sacrifice, there had been no breaches nor animosities
there till I had come, at least. I desire thee to write to them; which they
will mind now more,

than upon the spot; and lay their union upon them; for else the Governor of New York is like to have all; if he has it not already. The Lord forgive them their unspeakable injury to me and mine. I have sent, nine months ago, to 7. Goodfon a commission, if my letter prevails not, that was to unite them, that Thomas Lloyd be Gover.

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1691. appeared displeased with Thomas Lloyd's conduct,

in accepting of a partial choice, or that of the province only, as if it were in his power to have prevented this division; but the Provincial Council excused him in a letter thereon to the Proprietary and entirely exculpated him from being acceffary thereto, or in any manner promoting this disagreement, throwing the whole blame on the territory men: they declared, that, instead of being a gainer by any public offices, which he had held, Thomas Lloyd had wasted, or confiderably worsted his estate thereby; that, as he was well known to be a lover and promoter of concórd and union, and preferred a private life, so, “ He never accepted of that commision, but by the importunity of his friends, or, at the earnest request of the province itself. This letter was signed by Arthur Cook, John Simcock, Samuel Richardson, James Fox, George Murrie and Samuel Carpenter.

The province and territories continued, in this

manner, about two years; or, till the arrival of of governmest, &c. Governor Fletcher of New York, in April, 1693;

and though they managed better, in this situation, than the Proprietary, at first, feems to have expected from it, and with more harmony than they had done, for some time before; nevertheless, it will hereafter appear that the continued refractoriness of the territories, in their refusing to accept of the new charter, in 1701, was, at length, the occasion of their total separation from the province, in legislation.


Duration of thismode

nor above, and captain Markham, below, under such and such restrictions, &c.--but hear not a word of this. I was going the Second-month at farthest, all things preparing, as friends of London know, when this trouble broke out upon me, in the Eleventh; and such have been my hardfhips, could not get clear without fmares, &c. so, wait God's time, who has a hand in all this; and, I believe, in the end, every way, for good; fo, in true love to thee and thine, and earneit desires to see their faces, I conclude

76 Thy real friend,


The revolution and measures, taken by the pro. 1691. vince, in consequence of this conduct of the territories, with the form of the legislative pro

T. Lloydo ceeding, in the Deputyship of Governor Lloyd, rernor from which commenced about the Third-month, 1691, 3mo. icthe and under the charter then in force are, in part,

1691. exhibited by the following promulgated bills; which appear to have been passed into laws, in the same

year, viz,


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* The Deputy Governour and Freemen of the

province of Pennsylvania, in Council met at
Philadelphia, on the seventeenth day of the
Sixth-month, 1691, have prepared and pub-
lished, according to law and charter, these fol-
lowing bills, for the notice and concurrence
of the Freemen, in Assembly to meet, the
tenth day of the Seventh-month next, at Phi-
ladelphia, aforesaid, in the form and style of
laws, then and there to be confirmed, amend-
ed, or rejected, as the General Afsembly, in

their wisdom, shall see meet.
At an Assembly held at Philadelphia, the tenth

day of the Seventh-month, anno dom. 1691.
“ WHEREAS, by an act of General Assembly A promada
held at Chester, alias Upland, in the Tenth-month, gated bille
1682, it is, among other things, enacted by the
Proprietary and Governor of this province of Penn-
Syivania, with the advice and consent of the Depu-
ties of the Freemen of the fame province and coun-
ties annexed, in the said Assembly met, that the
counties of New-Castle, fones and TVhorckills, alias
Deal, should be annexed, and are thereby annexed,
unto the province of Pennsylvania, as of the pro-
per territory thereof; and the people therein fhould
be governed by the fame laws, and enjoy the same
privileges, in all respects, as the inhabitants of
Pennsylvania did, or should, enjoy from time to
time, as by the fame act, more at large appears:


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1691. But, left the said Proprietary and Freemen of the N said province should by the said union, be deprived

of the immunities and powers then before invested in them, apart from the said annexed counties, by virtue of the King's letters patent, and first charter of liberties, or should otherwise be impeded or obstructed, in

any act of

government, which might relate to the public good, justice, peace and safety of the said province, which might not so immediately concern the territories, it was, at the same General Assembly, further enacted, that all matters and things, not therein provided for, which should, or might, concern the public good, justice, peace and safety of the faid province, and the raising and imposing taxes, customs, duties, or charges whatsoever, should be, and are, thereby referred to the order, prudence and determination of the Governor and Freemen of the said province, from time to time; which faid laws have been fithence continued in, and by, the succeeding General Assemblies: Now, for as much as the present state and emergency of this government requires some fpeedy provision, for the support and safety thereof, and for the better establishing the justice and peace of the same, by reafon of the breach, that the Representatives of the faid annexed counties have lately made, in wilfully absenting themselves from their charteral attendance, in the last legislative Council and Affembly, and declining their other incumbent duties and services to the present constitutions of this province; as also, in opposing and tumultuously preventing the election of new members, to supply the neglect of the said absenting Representatives, withstanding all provincial acts of

government, and denying the powers of the fame: Therefore, for preventing all doubts and scruples concerning the meeting, fitting and proceeding of this present General Assembly, Be it declared and


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enacted, and it is declared and enacted, by the 1691.
Deputy Governor, with the assent of the Repre-
fentatives of the Freemen of the said province,
in General Affembly met, by the King and Queen's
authority, that the meetings of Council, since the
diffent and refusal aforesaid, of the Representatives
of the said annexed counties, and the meetings of
the Deputy Governor and Representatives of the
province, in Provincial Council and Affembly
met, on the tenth day of the Third-month last
past, at Philadelphia, and now fitting, in this pré-
sent General Affembly, are the Provincial Coun-
cil and Assembly of this province of Pennsylvania;
and are hereby declared, enacted and adjudged so
to be, to all'intents, constructions and purposes,
notwithstanding the absence of the Representatives
of the said counties annexed: And, for re-
moving all objections, that may arise concerning
the validity, force and continuation of the laws of
this government, Be it further enacted, by the au-
thority aforesaid, That all these laws, that were
made, continued and stood unrepealed at the last
General Affembly, held at New-Castle, in the
year 1690, are hereby declared and enacted to
stand in force and be continued respectively, un-
till the publication of other laws, which shall be
made by the next General Assembly of this pro-

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Ex per

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“ David Lloyd, Cl. Council.As this division had occasioned much anxiety to the Proprietary, of which both pårties were sensible, [46]


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In the minutes of the Provincial Council, in the Summer of the year
1691, appear the following names of the active members of that board,
John Simcock,

John Curtis,
John Delavall,

Thomas Duckett,
William Stockdale,

John Bristow,
Arthur Cook,

Thomas Janny,
Joseph Growdon,

William Jenkins.
Griffith Owen,

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