prietor's title in question, &c., and therefore declared He Expected That Jos. Growdon should withdraw, whilest they gave their sense about it.

Jno Symcock declared he was not satisfyed that it was any prejudice to y Contrey, for that ye Goverr had sayd He would have the Children taught it.

The Governor Replyed: are you not satisfyed That Growdon should withdraw till it be debated.

Growdon himselfe sayd. He did not think fit tto withdraw to be judged behinde his back.

John Eckley came in the Councill Roome, and sayd he was come to offer himselfe to ye board to do his duty. The Goverr tould him they were at present on another consideration, & desired him to withdraw till that was over.

Jos. Growdon demanded That all the members of the Councill might be admitted before they proceeded any further.

The Goverr tould them they were all present Except Tho. Lloyd, who stood charged with so high Crimes, offences & misdemeanors, as he could not think fitt to admitt him till he had answered to them, wch he found them unwilling to bring him to a tryall upon, and Samll Richardson, who was Excluded for great contempt of the Proprietor's & Goverrs authority: Only John Eckley, whose Elections they had voted illegall.

Whereupon Wm. Yardley declared, Except we may have our members wch were duly & according to charter Elected, & intrusted by y people for the service of y Contrey, admitted to sitt with us for the service that is Expected by them that chose them, desired we may be dismist rather than to sitt here.

The Goverr sayd he knew of none kept out That are duly Elected, unlesse (as he had sayd before) such as are under a charge & Sentence of this board of misdemeanor.

Jno Hill said: That he observed since he had been at Councill, there had been many obstructions in our debates for making Laws; that we could not proceed. I desire we may be dismist, & think it best the Goverr chose his owne Councill: we cannot agree.

Jno D'Haes sayd: For my part I was chosen by the Contrey, and I see no business cane be done but by quarrelling at every thing: So that we are all hindered from doing any thing: I desire we may be dismist & not required to stay longer: we can do no good.

Samll Carpenter sayd: As to that man that appeared last, (viz : Jno Eckley,) I hope thou hast nothing against him nor his Election. If thou hast, I desire to know what thou hast. I desire he may be admitted to take his place.

Joseph Growdon sayd the Ballot was to decide doubtfull questions. Griff Jones sayd there were such disorders at the Election as he never saw before. We desired the Poll and Ballot, and appealed whether there were not many persons present that were inhabitants of Chester Countey, and that came out of Jarsey, which by the Poll or Ballot we should have known whether they had right or not to elect, & could not otherwise be determined.

I did as much as in me lay to have it done by the Ballot, as the Charter directed, &c. But I am sure we spent our owne time & money, & the Country's, in hopes of having laws, but we cannot hitt it; we are hindred from doing any thing; therefore, I think it is best for every one of us to go about our businesse. We do but Exasperate & provoke one another, and beget heats & animosityes, to the hurt of the Governmt.

Jno Symcock sayd: as to the writ that went out for the Election of John Eckley, If I mistake not there were some things in it as that They should either make a new Election or stand to their firste hoyse; and if so, thou mayest be satisfyed.

The Govrr Replyed he did not remember any such thing; But should be as glad as any man to finde there were a doore open to admitt him, for he looked upon him as a very worthy person. thought it was otherwise.

But he

The Goverr desired the Entry of the writt might be read. Whilst that was sent for in order to the Reading of it, Wm. Stockdale sayd He wondered that the Ballotting box should in some Cases be so much cryed up & at other times deneyed, wherein our priviledges & libertyes are much concerned.

The Goverr sayd: I will answer for my denyall thereof in such cases wherein I have not thought it necessary to use it. But (added) I see there is such a ffaction made amongst you of this board, That I cannot answer it to trust the affayrs of the Governmt comitted to me, unto such a Clandestine decision; For I see how you are influenced, many of you, &c. But besides, I am assured It has not been used in like cases before my coming at this board.

The Secretary produced the Entry of the writt of Election of Jno Eckley, &c., wch was Read; which is as followeth, vizt: JOHN BLACKWELL, Esqr., Governr of the Province of Pennsilvania & Countyes annexed, Under the Honble William Penn, Lord Proprietor and Chief Governor of the same, & His Heirs. To John Claypoole, High Sheriff of the County of Philadelphia, sendeth Greeting:

Wheras, it has appeared to y Provinciall Councill, by your return of Elections made the Eleventh day of the first month, commonly called March, bearing date the 29th day of the first month, 1689, That a great number of Persons having mett in Philadelphia for the Election of one person for a member of Provinciall Councill, and six for assembly, amongst which were about 50 or 60 persons of the Township of Haverford & Radnor, &c., who were supposed not to belong to the County of Philadelphia; Yett they then gave their Vote by Ballott, with ye Freemen of the sayd County; Wherupon the sayd Election was by the sayd Councill resolved not to be a good Election, according to the Charter and rules in that behalfe, although they could not but approve of the sayd Jno Eckley as a worthy and fitt person: And whereas, Samll Richardson, a late member of the sayd Provll Councill, through his great misdemeanor, as well towards the Honble Proprietor, in contemning & denying his authority, as towards the present Goverr under him and his Heirs, Insolently denying him

to be Goverr, and that the Proprietor could not make a Goverr and other wrath full and outragious words, deportmt & carriage of his, in view of the Councill sitting for mannagmt of the affayrs of the Governmt, wch occationed the Vote and resolve following to be past against him on the 25th day of the last 12th month, vizt: that the words & Carriage of the sayd Samll Richardson were unworthy and unbecoming a member of y Councill to the Goverr, and that he ought to acknowledge his offence and promise more respect and heed for the future, before he be allowed to sitt againe in Councill: and wheras, he, the sayd Samll Richardson, persisting in his obstinacy, hath not to this day either acknowledged his sayd offences, or promissed more respect or heed for the future, but declared himself, he cared not whether ever he satt there more again: And wheras there is a present need of the full number of members to serve for provinll Councill, as by Charter is require for preparing bills to be past into Laws, and other Weighty matters:

These are therefore by his Majtys authority, and in the name of the Honble Lord Proprietor and Cheif Governor, to will and require you to give as Speedy and timely notice as may be to the Freemen Inhabitants within your County capable of Electing, That they meet at the usuall place of meeting for such purposes, on the eighth day of this instant month, comonly Called Aprill, between the hours of nine & Eleven, then and there to Elect and Choose from amongst themselves Two persons, of whom they have had experience for their approved fidelity, Virtue, Wisdom, Ability and Peaceable demeanor, to serve in the sayd Provll Councill, Vizt. : either by confirming the sayd Jno Eckley, or choosing some other whom they shall think fitt in his stead, for the terme of Three years; and whom else they shall think fittest to serve in the stead of ye sayd Samll Richardson, for the remaining Space of two years of the three for which he was Choosen ; and that you make due returne thereof to the Govrr & Provll Councill, for which this shall be your Warrant. Given at Philadelphia, the 2d day of the Second month, in the 5th year of the Reign of King James the Second of England, &c., and ninth of the Proprietor's Governmt in and over this Province, &c., anno Dom. 1689.

The Goverr Declared He was sorry It did not answer Jno Symcock's Expectation, for he did not finde, That they were directed to confirme Jno Eckley otherwise than in the usuall way directed by the Charter for Election by the Ballot, which had been demanded, but the disorder of the people would not permit it.

Wm Clark sayd: He did not see that necessity of the Ballot for Jno. Eckley, but to have a free vote for his confirming, and thought he might be admitted for any thing that he did understand.

John Bristow desired to know whether the Sheriffe had made. any Returne of it or no, & desired the Returne might be read if it were made.

The Sheriffe's Returne was read by the Secretary, wch is as followeth, vizt. :

To the Honble JOHN BLACKWELL, Esqr., Goverr of the Pro

vince of Pennsilvania and Countyes annexed, and Provinciall ¡Councill, &c.

According to a Warrant from ye sayd Honble Goverr, to me directed, the Ffreemen of this County mett at y time and place therin Specified, and a method being proposed, they did declare that at that time they were not willing to vote by ballott, and then nominating Jno. Eckley, they did by Majr Vote confirm him to be their representative in Councill for the term of Three years; and afterwards putting up Samll Richardson, they did by Majr Vote Elect him for the remaining time he was to have served, and likewise declared their willingness to Confirm the former Choice of members for Assembly. In Witness wherof, I have hereunto sett my hand and Seal, the Eighth day of the Second month, in the fifth year of the King's Reign, & ninth of the Lord Pro ietor's Governmt., Anno Dom. 1689.

JOHN CLAYPOOLE, Sheriff.

John Bristow observed upon it, That the writt was satisfyed by that returne; For it was a confirming John Eckley, as was directed by the writt.

Wm. Yardly sayd: My opinion is, That the Returne of the Sheriffe is that the people have confirmrd that Election that was before, and so has answered the writt, and that he has right to come & take his place.

Bath. Coppock declared: He was of the same opinion with the member that spake last.

Wm Stockdale sayd: I do also agree with what the last member sayd. Samll Carpenter sayd: The use of the Ballot is where there is doubt. Here it was apparent, & therfore I think it is as well every whitt in this case.

The Goverr sayd: The former Election has been allready determined not to be a good Election, and therefore that cannot be insisted upon.

John Curtis sayd: I think it was a very fayre Election. In other places we are generally chosen by the Vote: and I think where they are unanimous, there needs no controvercy.

The Ballotting box is not used in any other place but this County. We are Elected by Vote.

Griff. Jones answered That was a mistake, for it is used at upland & in all the Lower Countyes, by black & white beanes put into a hatt, wch is a ballotting in his sense, & cannot be deneyed by the Charter, where it is demanded.

The Goverr sayd I take it to be so agreed by the Charter that the Election shall be by y ballot, and am sorry it was not so done in this County upon this occasion, where they had alwayes heretofore insisted upon it as their Right. But I do not yett see how it can be allowed that Jno. Eckley should sitt.

Samll Carpenter sayd: I look upon it that we are judges of Our members, otherwise we may be Refused or turned out at pleasure. We are abused.

PROVINCIAL COUNCIL.

283

The Goverr desired him to Explayne himselfe by whom they were abused. His answer was as dark as his former Expression; and so was past over.

Wm. Clark sayd a great deale of time hath been spent & little or nothing done. We mett as a legislative Councill in order to preparing lawes, But we are not yet gotten to the begining of that; and I do not see we are like to make any progresse in it. One thing or other does happen amongst ourselves to put a Stop to our procedure, and now the time is so farr spent that I think we shall not have time to go on with it if there were no objections in the way. We have sate already longer than we used to do on this occasion, and for as much as we are not like to do any thing, I desire we may be dismist to our private Concernes.

Griff. Jones sayd: I have once already, & I doe againe desire, if we cannot go on to make Laws for the Province & Countyes annexed, & people therof, & that without interruption, That we may have liberty to go about our businesse.

Peter Alrich sayd: I desire we may be dismist & go about our businesse; things standing as they do, that we cannot be suffered to proceed.

Wm. Stockdale sayd: I desire we may have our members for carrying on what lyes before us, as we ought to do, &c.

Wm. Markham sayd: He thought it was necessary the Councill should be dismist; he saw no service they like to do, & that it was too late now to begin to prepare lawes seasonably.

Jno Symcock sayd: A dismisse might be acceptable enough to most or all of us, but we are obliged to do some service for wch we came, and to that end we have mostly all along desired to have our members. I desire that what of our time remayns we may endavor to spend it to the purpose intended.

The Gove vd: I am sorry we have beene renderd thus indisposed thereto by Council com abroad. I have frequently given you the grounds of my not agreeing members you would have. Th you, as to the bringing in the three a duty incumbent in discharge of myConscience to be Exercised, & and I conceive it lyes with more weight up as well as any of you, riage in these Councils. But I have sayd what wal suffer a miscato say as there has been occasion; and since it appeares to me, ht we are hinderd on that pretence from proceeding any further, I think fitt (according to the advices of many of you) to adjourne this meeting of Council on the Legislative account, till further occasion; Expecting you do agree amongst yourselves who shall attend the ordinary meetings of this board, on each 2d & 5th days of Every week, your attendance as was formerly agreed; and that you fayle not of accordingly.

The Goverr Adjourned till the 2d day of the next week.

Entry of the names of the members of Provll Councill who were attending in the towne of Philadelphia, on the severall dayes appoynted for holding Councills by the Governor, Vizt: