Philip Clarke was in America as early as 1677. He lived in St. Mary's County where he met Hanna MacKall and married her. Philip was an attorney by trade and a member of the General Assembly of Maryland.
In 1691 he is a member of the Provincial Court. 1696 he was a member of the Court of Chancery.
2 April 1698 Philip Clarke was tasked to draw up and write Oaths for some of the officers and the Grand Jury of the Assembly.
Sometime around October 1698 Philip finds himself in Prison the charges unclear to the House of Delegates he belongs to. They dramatically petition His Excellency Frances Nicholson (Representative of the King) for his release questioning the rumors of capias ad satisfaciendum of 6,000 lbs of tobacco due to the King. His fellow delegates can find no authorization for the arrest, or detainment of Philip. They examine other precedents and can find no other case where a man who sits on the Assembly is detained except for treason or threat of disturbing the peace of the kingdom. The reply from Nicholson after berating the Assembly for their extravagant humour and displeasure assures them that Philip was convicted by a Grand Jury and found guilty of "Raising a great disturbance within the Province". Nicholson replies that the Speaker of the House shall come to them and show them proof of the conviction. He then threatens the rest of the delegates telling them that if anyone attempts to free Philip or even speak about freeing him will themselves be labeled a rebel against the King.
The charges are read to the House by the Speaker and then explained again to Philip who is still in jail. Philip understandably has a melt down and screams that he can speak more sensibly than any other man in the House, he makes derogatory comments, disparaging remarks and claims manage the offensive House all much better than they are currently doing, The Speaker returns the comments made by Philip to Nicholson who quickly dispatches back a statement quoting Philip and asking how they could want someone in their House who would ridicule and abuse them this way. Suggesting he make the trial and Philips comments all public.
Toward the end of October Nicholson is questioning why he has not heard of the meetings of the House of Delegates. He is told that meetings cannot be held without all members present and that since Philip is jailed they are unable to meet. The House members are accused of putting the entire country in jeopardy. Nicholson defends his position claiming he is vindicating the honor of the King's government and they should find another delegate to represent St. Mary's County.
In November members of the Grand Jury, members of the court, 20 Burgesses, and members of council petitioned Nicholson to release Philip who they felt deserved punishment but not his wife and children. Nicholson made a display of telling Philip that the charges and jail time were not personal and that he would grant him no relief because Philip had spread scandalous and false reports claiming he had proof that he was wrongly imprisoned.
Philip is actually first charged for a being a conspirator with John Coode against Nicholson who was the Governor of Maryland at this time. He had led a division of the House against Nicholson while a House member. It was rumored that Nicholson retaliated with false accusations against Philip and brought him to court using these false charges. Philip was dismissed from all court proceedings for infusing the peoples heads with thought that the government of this country was ruled by tyrannical men who did not dispense with justice equally.
Philip spent 6 months in jail and in the summer of 1699 he passes.
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