74BULLETIN OF FRIENDS' HISTORICAL SOCIETY. DAVID LLOYD. (Concluded) By Isaac Sharpless. Nor did matters change greatly when Penn in 1709 sent over Charles Gookin to supersede Evans. The personal faults of Evans were not reproduced in Gookin, but he was obstinate and head-strong, and perhaps, as he himself intimated, a little unbalanced mentally. There were, however, two underlying causes for the trouble. One was that Penn was now in desperate financial straits, and could not yield his perquisites except at the cost of absolute ruin. His part of the expenses of government had to be borne, the quitrents were coming in slowly, and his steward, Ford, had cheated him out of his fortune. The income from fines, licenses and other governmental functions were his by the arrangement previously made, and he could not afford to yield them. The other was that while Deputy Governors changed, Logan remained. He could not always control the unwise acts of the Deputies, but he could largely influence general policy and was absolutely faithful to the Penn interests. The matters for which Lloyd contended were in the interests of the larger democracy and prosperity of the colony, but Penn could not afford to give up his undoubted rights, and Logan would not yield one iota to popular clamor. Lloyd was right in looking upon Logan as his great antagonist. Both were determined and fearless, and personal feeling was added to political diversity of interests. One of the subjects about which the controversy raged was the composition of the courts of Justice. The charter of Charles II to William Penn gave him the right to establish courts and appoint their officers. He finally allowed the Assembly to draw up bills for such establishment, but retained the appointment of judges and clerks. As Penn's interests were larger than those of any other individual, Lloyd's claim Avas that these officers should be independent of any obligations to him. There appear DAVID LLOYD.75 to have been no serious complaints as to the character of these officials, or that substantial justice was not done. Again, in a community of Friends, it was of vital consequence that a juror or witness should be accepted on his affirmation , for he would not swear. It would be impossible to secure competent administration of justice without Friends, for in all the country communities they constituted nearly all the responsible people. There is no doubt that Penn appreciated this, but the charge of Lloyd was that he did not succeed in having laws ratified in England making provision for the full acceptance of the affirmation as equivalent to the oath. Then there was the burning question of the licensing of public houses. Lloyd and the Assembly claimed that this was one of the proper functions of the courts and that the licensees should be appointed by local authority rather than by the Proprietary , so as to secure the choice of proper persons, who would restrain drunkenness and attendant crimes. All these and other matters were to be fought through between the Governor and Logan on one side and Lloyd and the Assembly on the other. In the fall of 1706 Lloyd had a bill passed through the Assembly for a Supreme Court with three judges to which appeals could be made, also local courts for the counties for ordinary crimes, having also the power to grant licenses for taverns—providing that all fines should go towards the payment of the judges, who should be removable by the Assembly and therefore out of reach of proprietary influence; that the judges should appoint the clerks, and that freeholders should not be imprisoned for debt. This, of course, would be a great step in advance towards popular control of the course of justice. The Governor objected to it in toto. There was no need for more than one Justice of the Supreme Court—fines and fees belonged to the Proprietary, and judges and clerks should not be independent of him. It was a Proprietary prerogative which the Assembly had no authority to question, granted by the charter and due to him in return for his large concessions and care of the province. 76BULLETIN OF...