emptory summons of the Assembly, commanding his presence, evidently depending for protection upon the friendly offices of Council. He had taken refuge in the Governor's house, and there successfully, for a time at least, maintained immunity from arrest.

The patience of Assembly at length becoming exhausted, More was, on the 18th of May, formally expelled from his seat as a member of Assembly.

The failure of the Council to coöperate with the Assembly, rendered it extremely difficult, in other cases, for the last mentioned body to enforce its commands in connection with this unfortunate affair. A notable instance of contempt of its authority is found in the conduct of Patrick Robinson, the Clerk of the Provincial Court. Robinson had been ordered to produce to the Assembly the records of the court, for the use of that body in the trial of More. This he refused to do. Whereupon, the Assembly issued a warrant for his arrest, and ordered the Sheriff to take him into custody. When brought into the House by the Sheriff, Robinson's conduct was childish in the extreme. He is described as "lying all along upon the ground," refusing to answer to the point, and asserting that the Assembly were acting arbitrarily and without authority. When ordered to produce the records of the court, he answered, "that there was no records; and after some excuses, he said, that his minutes of the proceedings of the said courts were written, some in Latin, where one word stood for a sentence, and in unintelligible characters, which no person could read but himself-no, not an angel from heaven!" When informed by the Assembly, that they would undertake the task of interpreting the records, if he produced them, Robinson answered, that "he would consider of it," at the same time withdrawing toward the door of the Assembly house. When informed that this answer would be taken for a denial, he answered, "they might take it so, if they would."

Subsequently, Robinson, in the presence of the Council, unrebuked, expressed his contempt for the proceeding against More, remarking, that the articles of impeachment were drawn "hob nob at a venture."

For this disrespectful conduct, Robinson was voted by the Assembly, "a public enemy to the Province and territories, and a violator of the privileges of the freemen in Assembly met." At the same time, the Council was called upon to remove Robinson from his office, and a committee, consisting of the Speaker, John White, and two other members, was appointed to acquaint the President and Council with the action of the Assembly in this affair, and to demand satisfaction. As this committee, in discharge of its duties, were proceeding to the Council house, it accidentally met with Robinson, on the street, who said to the Speaker, in a threatening manner, "Well, John, have a care what you do; I'll have at you, when you are out of the chair."

Robinson's conduct was declared by the Council to be "undecent, unallowable, and to be disowned;" but that body resolved, that they could

not legally remove him from office until "convicted of ill fame, and those crimes and misdemeanors" alleged against him.

Robinson was not removed. On the 24th of September, 1685, he still retained his position of Clerk to the Provincial Court, and being sent for by the Council, (who, on account of the declination of the Judges of the Court, were hearing appeals from inferior Courts,) to produce the record of appeals, he appeared, and "gave an account of what appeals he had delivered to the parties concerned." In reply to a request from the Assembly of '86, that Robinson shall be removed, "the Council declared it was not proper nor reasonable to be answered, nor was it signed by any of the Assembly."

As nothing definite had been done by the Council, in the matter of the impeachment of More, when the Assembly had completed its work, and was ready for adjournment, Abraham Mann and John Blunston were appointed to act on behalf of the Assembly, after its adjournment on the 19th May, as prosecutors of the impeachment.

Ten laws were passed during this session of the Assembly. Thirteen bills had been promulgated by the Council, but three, of which the following are the titles, were not passed into laws by the Assembly:

1. Relative to the enrollment of deeds, grants, and conveyances of land in this Province, &c.

2. Excluding attorneys from pleading for reward.

3 Touching the disposal of lands of intestate persons, &c.

On the 2d of June, 1685, Nicholas More was, at last, reluctantly or. dered, by the Council, "to desist and cease from further acting in any place of authority or judicature," until the charges against him were either proven or disproven, and here, again, the matter was allowed, by the Council, to rest.

On the 28th of July, George Meris and John Blunston appeared in Council, and demanded, in "the name of the free people," to know whether they had not forgotten themselves, in not bringing Judge More to trial.

On the 16th of September, Blunston and Meris renew their former desires, in behalf of the Assembly, upon which the Council did order this answer to be recorded: "That Nich. More, being, at this time, under a weak and languishing condition, and not under promising hopes of a speedy recovery, so that, at present, they cannot give a certain or definite answer." Again, in 1686, the Speaker of the new Assembly, in the name of that body, desired to know of the Council why the impeachment of Nicholas More was suspended. The President replied, "that after the promulgated bills were duly considered of and finished, which he did conceive

1 Vide pp. 175, et seq.

was first the most proper work for the Assembly, the business of the impeachment should succeed."

Thus, by one excuse and another, was the trial of More intentionally postponed by the President and Council, until it was lost sight of, and finally forgotten, in the more important and perplexing affairs of State, which burden the record of the near future.

CHAPTER IV.

THE GENERAL ASSEMBLIES OF 1686 AND 1687.

It will be remembered that the principal cause of disagreement between the Council and Assembly, at the last session of the General Assembly, lay in the fact that the President and Council had promulgated the bills proposed to become laws, in a grossly unconstitutional manner, which infringement of charter, the Assembly had, at that time, successfully resisted.

In plain disregard, or unmindful of the last year's protest of the Assembly, the Council again, in the year 1686, promulgated the proposed legislation for the approaching session, in the same style as before, to wit, in the name of the "President and Freemen in Provincial Council met," &c., and, as might have been anticipated, this second attempted violation of charter was again prolific of trouble between the two branches of the Legislature.

After the admission of the newly elected members, the Council of 1686

At a session of the Council, held on the 2d day of April, the following bills were read three times, passed, and ordered to be promulgated :1

The President and freemen in Prov" Councill Mett, at Philadelphia, the thirtyeth day of y° first Month, One Thousand six hundred Eighty Six, have prepared to be published according to Charter, these following Bills, for the notice and Concurrance of the freemen in Assembly to meet the Tenth day of y° next Third month, in y° Towne of Philadelphia, in the forme and Style of Laws, then and there to be Confirmed, amended or rejected, as the Genrall Assembly shall in their Wisdome See meet:

1. Be it Enacted by the Authority aforesaid, that these following Chap

1Col. Rec., Vol. I, p. 171.

ters and paragraphs be additionall Laws of y° said Province & Territorys thereunto annexed, that is to say; all those Laws made at Chester by y Assembly, in y° 10th Month, 1682, and at Philadelphia in y° first Month, 1683, and at y same place in the 8th month 1683, and at New Castle in y 3 month, 1684, and at Philadelphia y 3a Month, 1685, shall, and are hereby Continued to Stand and be in full force and Vertue untill y End of the first Session of y° next Generall Assembly, and afterwards untill the Publication of Other Laws to be past in the next Genall Assembly, be had, made and done, Except such Laws, or part of Laws, as are by any of ye following Laws Explained, Varied or added unto, and that these Bills Ratisfyed by the Genall Assembly, shall Continue in force untill yo publication of Laws in the next Generall Assembly following.

2. Bee it Enacted by y° Authoritye aforesaid, that Every Offender Legally Convicted and fined for the breach of any penall Law, shall forthwith pay his or their fine or penalty, or give Security Speedily to doe it; but in Case it be not paid, or secured to be payd, as above sayd, that then y Court or Justice who Imposed the fine, shall forthwith, by Warrant directed to y° Sherriff or Constable of y' respective place, cause the same, with Costs that shall arrise thereupon, to be Levyed on y Goods or Chattells of y' party offending, by distress and Sale, rendring the overplus to the party; but if noe goods Can be found to satisfye such fines, that then the Sheriff or Constable shall take and secure the body of such person til satisfaction be made, and yt ye Sherriff or Constable soe Collecting the said fines, shall make returne to the next County Court, or such Officer as the Gov and Prov" Council shall appoint, to ye End such fines may be distributed according to Law.

3. Whereas y Law for Deffraying the respective Charge of Each County, Authorise y County Court to Assess in Open Court y° necessary Charge of y same, It is Enacted by y° Authority aforesaid, y' the said Courts are hereby further Impowered to Grant their Warrt upon non payment for y Levying of y° said Assessments by distress and Sale of Goods, rendring y overpluss to the Owners.

4. Whereas al Charters, Gifts, Grants and Conveyances of Land, and all Bills, Bonds, & other writings, weh by ye 44 Chapter of Laws made at Upland, were required to be Registred or Inrolled in y° publiq Inrollem' Office, according to ye Mannor, & within y° time there prescribed, under y penalty of being Voyd in Law, yet notwithstanding, were not brought to y Inrollem' Office to be accordingly recorded: Now for y satisfaction of severall purchasers of Lands and Inhabitants within this Province and Territories, who, some of them being under a mistake concerning y° intent of y' said Law, Others under Considerable Icumbrances and a sort of Inconsideratness upon their begann Settlement, have neglected and lapsed y time, to y° manifest hazard & making Voyd such respective Instruments or writings.

It is hereby Enacted and Declared, by the president and Prov" Councill, with y freemen in Assembly Mett, that all such Charters, Gifts, Grants, & Conveyances of Land, and all such Bills, Bonds, Spetialty's tho' they were not Legally Recorded, that they are hereby reputed, and shall be deemed and Stand authentique in Law, and are Indemnified hereby, provided that all such Charters, Gifts, Grants & Conveyances of Land, are or shall be or Come into this Province & Territories, shall be brought to be registred in the Respective Inrollement Office for this Province & Territories, within six months after y five and twentyeth day of y next Third Month, otherwise such Charters, Gifts, Grants & Conveyances of Land to be Voyd in Law, any thing in y° said 44 Chapter of

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