.^°^ * ^^'\ 4 O 0^ \3 v-Cr A *^^*^ ^«>*/^. ■-^O' O, *, -/^O I- '^bl^ O H O .^* q.. *..•••" AP ^- ^^ A^ ^^-^ ►^ ♦•!nL'. *"^ ' .^' K ,^ .-^Va-" \/ /Jife', •e,^^^^ .>«-^-- -^ '■^^^' .... •'b v»- ^ MINUTES t)F THE FMOVINCIAl. COUNCII. IPSS'SS'2'Si"^AlJ2ii, FROM THE ORGANIZATION TO THE TERMINATION OF THE : PROPRIETARY GOVERNMENT. PUBLISHED BY THE STATE. vol.. I. C0NTAINIK6 THE PKOCEEDINGS OF COUNCIL FROM MABCH lOtfe, 1683, TO NOVEMBEE SHll, 1700 Harrisbiirg: : PRINTED BV THEOPUILUS FENN* 1S3S. x'' ^!V^ 1 549239 I TABLE OF CONTENTS VOL. I. I. The memorial of the American Philosophical Society and of the Historical Society of Pennsylvania, to the Legislature of 1836-7, on the subject of printing the Records. II. The report of the select committee of the House of Representa- tives on the same subject. ill. Extract from the Act of April 4th, 1837, authorizing the print- ing of the Minutes of the Provincial Council. IV. Extract from the Act of April 14th, 1838, relative to the print- ing and distribution of the Colonial Records. V. The Charter of Pennsylvania, granted by Charles the Second to William Penn. VI. Certain conditions or concessions agreed upon by William Penn, and the first adventurers and purchasers in Pennsylvania. VII. The Frame of the Government of the Province of Pennsylva- nia, together with certain Laws agreed upon in England, April 25th, 1682. VIII. The Frame of Government of the Province of Pennsylvania and Territories, granted by Wm. Penn, April 2d, 1683. IX. The Frame of Government passed by William Markham, No- vember 7th, 1696.* X. Minutes of the Provincial Council, from March 10th to Novem- ber 27th, 1700, the principal matters embraced in which are : Order of Council relative to the Seals ofthe several counties, 10 Trial of James Kilner for Assault at sea, 23 Trial of Charles Pickering & Samuel Buckley, for counter- feiting, 29, 31 Proposals for an English School, by Enoch Flower, 36 Anthony Weston, sentended to be whipt, 37 Trial of Margaret xMatson, for Witchcraft, 40 Tax proposed upon Liquors imported, 45 Complaints cf aggression by the Marylanders, 61, 141 Commission of Provincial Judges, 63 Condemnation of the ship Harp, of London, 69 boundaries of Chester county, 74 of Bucks, 78 James the Second proclaimed at Philadelphia, 81 Declaration of the Assembly against Nicholas Moore, 83 Proceedings thereon in Council, 87, 88, 90 Several additional Laws promulgated, 122 Refusal of Council to admit William Dyer, as a member, 150 *The Charter of October 28th, 1701, will be found on page 54, vol. 2. CONTENTS. Sundry proposals agreed on by the Assembly, IS'' Letter of Thomas Lloyd to Governor Blackvvell &> Council, 193 Deposition of Zachariah Whitpaine, relative to the abdication of James the Second, 203 Petition relative to the bounds of Chester county, 220 Depositions of John Biunston, Thomas Usher and others, concerning the same, .. , 221 Proceedings of Council Dn the subject", . . 221, 223 VVritt of Election for members of Provi.rKjial, Council, 238 Debate concerning the mode of -E lection, ■ 239 Speech of Goyeriior Blackwell. to the Assembly, 244 Declaration of the Governor and Assembly, ' ■. 252 Communication of the Governor concerning danger from the Papist & Indians, ■>;..•. ,• . .257 Letter from the principal -Secretary of State to CJovernor Blackwell,. ' r 2G0 Valedictoiy speech of Governor Blackwell, 270 Commissions- from William Pern'n to the Council, 273,274 Letter from William Penn to Council, ' 274 Instructions for the Government -of Pennsylvania, ■ ; 276 Declaration of Allegiance signed by the Council," 281 Instructions to Lacy Cock, relatittg^to. a journey among.the Indians, ' " . . ., • 29-4 C\)mmission to Benjamin Fietcherj-cohstituting him Vice Ad- miral, • ' • ', ■ ■ ■ - ,•(,'.;-' ,305 Benjamin Fletcher's CqrnmjssiontoWm. Markhani,. constitu- ting him Deputy Vice Ad-miraj,' ■ • . 311 Commissiqii to Benjamin Fletcher to be "Captain General and Governpr in Chief of the Province of Pennsylvania and Country of Newcastle, 512 Benjamin Fletcher's commission to- beCaptain General and Governor in Chief of .New York, ' .■ 317 Conference between Governor Fletcher and Indians from the upper part of the river, . , S3S Order of Council relative to fees paid to the clerk of Philadel- phia market, ; . 343 Letter of Governor Fletcher relative to the appointment of a commissioner to meet those of the other provinces-at-New York," ■ ■■ ■ ' . . ' • S52 Regulations of the Philadelphia market, 353,553 Proceedings of the commissioners met at New York to agree upon a quota.of men and money for the defence of that province, _ 354 Information against Ann Le Tort, 357 Governor Fletcher's speech to the Assembly^, . ' 360, 361 Address of the Assembly to Governor -Fletcher, 363 Governor Fletcher's answer, 364 Second address of the Assembly to Governor Fletcher relative to confirming the Laws of the province, 872 CONTENTS. Titles of Laws in force in 1693, 373 Remonstrance of the Assembly to Governor Fletcher, May 17th 1693; 376 Conference between a Committee of the Assembly and Go- vernor Fletcher, 378 Conference between the Assembly and a committee of the Council, 380 Answer of the Council to the Remonstrance of the Asssmbly 385 Several Discourses betweea Governor Fletcher & commit- tees of the Assembly, 388, 389, 390, 391, 394 Examination of Ann Li3 Tort, 398 Petition of Philip England relative to a ferry over Schuylkill, 400 Discourse between William Markham & some Delaware In- dians, 410 Letter from Governor Fletcher to Lieutenant Governour Markham and Council, 417 Remonstrance of the Assembly, April 11th 1694, 420 Governor Fletcher's speech to the Assembly May 23d, 1694, 422 Table showing the amount of Tax levied and paid in each county at the rate of one penny in the pound, 425 Governor Fletcher's speech May 29th 1694, 426 June 2d " 430 June 7th " 432 June 9th " 434 RemDnstrance of Assembly in answer to the Queens Letter, 433 William and Mary's Letters patent restoring William Penn to the government of Pennsylvania, 437 Commission of William Markham to be Governor, under Wil- liam Penn, of Pennsylvania and Countries annexed, 438 Commission to John Goodson & Samuel Carpenter to be as- sistants, 439 Speech of Governor Markham to the council June 29th 1695, 444 to the Assembly May 20th 1695, 448 " " ' " 29 " 451 " " Sept. 10th 1695 455 Answer of the Assembly, 457 Speech of Governor Markham to the Council September 28th 1696, 461 Record of the Road from Tho. Parson's water bridge Race to Oxford, in Oxford Creek, behind Dan Streets house, 466 Record of the road from Richard Dungworth's miJf to Thomas Parson's grist mill, 466 Record of the road from Dunken William's landing to the old kings road, 467 Speech of Governor Markham to the Assembly October 30th 1696, 470 Report of the Assembly relative to raiding money, 472 Order of Council relating to the petiaon of the inhabitants of Bucks county for a market towo, 480 CONTENTS. lieport of a committee of the Assembly on Governor Fletch- ers letter, 486 William Penn's letter relative to the growth of vice in Phila- delphia, ' 494 Keport of the committee appointed to consider William Penn's letter, 495 Proclamation by the Governor and Council, 497 Petitionof Samuel Carpenter and others requesting that a so- ciety may be incorporated for the Establishment of a pub- lic school, 499 Commission to Francis Nicholson to appoint Judges, dc. for the court of Admiralty, 500 Commission to Matthew Birch to be Collector at Newcastle, 501 Commission to John Bewley to be Collector, 502 Commission to M. Birch to be Surveyor, &c. 50S Commission to William Massey to be Collector, 50.3 Letter from the Justices of Sussex county relative to a piratical vessel, 507 Petition of John Adams relative to the seizure of his goods, 509 Petition of David Evans, 517 Letter from Richard Halliwell relative to James Meinzies of Boston, 528 Complaint of the Inhabitants of Newcastle, 532 Return of Council and Assembly, May 10th 1699, 536, 568 Order of Council relative to the quality and weight of bread, 563 Speech of William Penn to the Council & Assembly, 568 Memorial of Robert Quarry against David Lloyd, /)77 Proceedings upon the petition of Robert Turner, 581 No. I. MEMOMIAl. Asnerican Pisilosopliical Society, and of the Hasiori- cal Society ol Pliiladelpiiia. JIECOJIMENDING THE PURLICATION OF CERTAIN ANCIENT KEC0EU3. To the Honorable the Senate and House of Representatives of the Commonwealth of Fcnnaylcania. The memorial of the American Philosophical Society held at Phi- ladelphia, for promot ng useful knowledge, and of the Historical Society of Pennsylvania, by their commillecs for this purpose, spe- cially appointed, most respectfully shewcth : That it is the misfortune of the Nations of the old Continent, that their early history is lost in the night of time. Excepting the Holy Scriptures, no records have been preserved of the first settlements of mankind. All else beyond a period not very remote is veiled in ob- scurity. Recourse lias been had to fabulous traditions made up of fabled Hero's and Demi-gods in abund ince, the offsprings of vanity and of ignorance. Of our British ancestors, nothing is known be- fore the invasion of their island by Julius Ctesar, of our German forefathers, the noble defence made by the immorlal Herman against the legions of Varus, whom he defeated and conquered, is the first authentic account, after which follows a long period of darkness to the time of their great emperor Charlemagne. The ancient history of Asia, (the cradle of mankind) engages at this moment the attention o[ the learned of PiUrope. For that purpose, Asiatic societies have been formed under royal patronage, both in England and in PVancc. Ttie study of Egyptian antiquities is every where patronized, en- couraged and promoted. Scientific travellers are sent to that country at royal expense, obelisks and other monuments are imported at nn immense cost, and grace the public squares, the museums, and other repositories of the great capitals. England boasts of the rosetta mo- numental stone. France of her Egytian obelisk, which once adorned ancient Thebes, and is now erected in the midst of her capital, v/here it is the most attractive object to the admiration of travellers. Un- ble to penetrate into the future, man loves to inquire into the past, to interrogate his most remote ancestors, and to learn from their ex- perience how to pursue good and eschew evil. Pie is disappointed and mortified, when instead of historical facts, lie finds fabulous re- cords and incredible tales, more calculated for the amusement of children than the instruction of mankind. U INTRODUCTOUY It is the "ood fortune of the people of these United States, that their early history is not involved in obscurity and doubt. Although of recent origin, iulready engages the attention of the learned in this country and'elsewhcre. Historical and antiquarian societies are es tablished in almost every state in the Union, and their labours are eagerly sought after and read by our citizens with patriotic pleasure, and by foreigners with ardent curiosity. The history oi Pennsylvania deserves and obtains a particular at- tention. She alone can boast of a founder, whose name will go down to posterity, with those of the most celebrated Legislators. Her citi- zens are descended from two illustrious nations, alike renowned for science, and for the glory acquired by arms. The mixture of Ger- man and of British blood, has implanted in our commonwealth those solid virtues which lead nations to prosperity; and the warmth of the Irish heart, has not contributed a little to the character which she has acquired for generous hospitality. In every respect, her history- is full ol interest and will become so more and more. It is therefore of the highest importance, that the authentic records from which that history is to be deduced should not be lost to posterity. The facts posterior to our revolution are in no danger of being so lost, the press since that time has been active in perpetuating them, in the shape of journals, newspapers and printed records of every description. But it is not so with the materials of our colonial history. In single manuscript copies, they are deposited in the office of the Secretary of State, where fire or some other accident may in a moment destroy them so that those interesting memorials, unless effectual measures are taken to preserve them, will be lost to us and to our posterity ferever. Among those documents the miOst important is undoubtedly the minutes of the Provincial Council from the organization of the Co- lonial government under William Penn, down to the revolution. This invaluable record was fortunately preserved amidst the horrors of war and the troubles attending our revolution. If it should be lost a link will be v.-anting in the chain of events which constitute the history of our state. Your honors well know that the council were not only possessed of the executive power, but were also a branch of the legis- lature, as they had a negative upon all the laws proposed by the as- sembly. If the records of their proceedings should by some accident l>e lost, many important parts of our colonial history will be left in obscurity, and false notions will at length be established in their stead by the ingenuity or perhaps design of future chroniclers. More than eighty years ago, in the year 1752, when Pennsylvania was yet a poor infant colony, and her means and resources were not in the least degree to be compared to those of this rich and powerful slate, a patriotic legislature caused to be printed at their expense, the vx)tes and proceedings of their predecessors from the time of the land- ing of the founder, and his first assembly held at Chester in 1682, and the work was continued in six large folio volumes, down to the time of our revolution. The cost of this publication must have been DOCUMENTS. HI to them and to the people whdm they represented, comparatively im- mense, while on the contrary, your memorid lists have reason to be- lieve that that of publishing the minutes ofcouncil will be but trifling, particularly if we consider it Ui comparison with their importance. They ho|)e that your honors will not siiow themselves in this respect, less patriotic than their noble and virtuous predecessors. Next to the minutes of Council, your memorialists consider the treaties made with the Indians under tlie colonial government, to be the most i-niportant. They Vvill be of the utmost interest to our descen- dants, a4id it will be highly honorable to this great state, to show to the world- that .in all the re'ations of Pennsylvania with the Indian tribes, "ho recourse has been had to war or to the shedding of human blood, /except when we were obliged' to combat ihem as the allies of another nation, who employed them for the purpose of subduing our country. What other public ante-revolutionary documents there are in the Secretary's office that may be thought wortbyof publication, your memoriah'sls do not knov/ ; but they would humbly suggest the pro- priety of having a correct list of them made and published for future consideration ; and also, .that those who are engaged in the study oi' file history of our country, may know what materials exist in the possession of the government, which liaay be consulted by them in the prosecution of their labours. :., Your memorialists therefore respectfully pray that your Honors will be pleased to take the above suggestions into their serious con- sideration, and adopt guch measures as their wisdom shall dictate ia favor of :he objects of'this memorial. Andthey-shall ever pray, &c. For the American Philosophical Society, hold at Philadelphia, for promoting useful kno\vled;y such services, ciistomes and rents, as shall seeme ffitt to the said William Penn,his iieire.s and assignes, and not imediately of vs, our heires and succes- sors, and ti» the same person or persons, and to all and every of them, WEE DOE nive and grant by these presents, for v?, our heires and successors, Licence, authoritie and power, that such person or persons may take the premisses or any parcell thereof, of the afore- said William Penn, his heires or assignes, and the same hold to them selues, their heires and assignes, in what estate of inheritance soever, sn ffee simple, or in fieetaile or otherwise, as to liim the stiid William Penn, his heires and assignes, shall seem expedient. The Statutes made in the parliament of Edward, sonne of king Henry, late king of England, our predecessor, comonly called the Statute Quia Emp- tores terrarum, lately published in our kingdome of England, in any Avise notwithstanding, and by these presents, WEE give and grant licence vnto the said William Penn, and his heires, likewise to all and every such person and persons to whf)m the said William Penn, or his heires, shoU at any time hereafter, grant any estate of inheri- tance as aforesaid, to erect any parcells of Land within the pvince aforesaid, into manners, by and with the licence to be first had and obteyned for that purpose, vnder the hand and scale of the said Wil- liam Penn, or his heires, and in every of the said manners, to haue and to hold a Court Baron, with all thinges wliatsoever, which to a Court Baron do belong; and to haue and to hold view of ffrank- pledge, for the conservacon of the peace, and the better gc-vernnient of those partes by themselves or their Stewarts, or by the Lords for the time being, of other mannors to be deputed when they shall be erected, and in the same, to vse all things belonging to view offfrank- pledge; and WEH^idoe further grant licence and authoritie that every such person and persons, who shall erect any such manner or man- nors as aforesaid, shall or may grant all or any parte of his said lands to any person or persons, in H'ee smiple or anv other estate of inheritance, to be held of the said mannors respectivelv, voe as noe further tenures shall be created, but that vpon all further and other alienacons thereafter, to be made the said lands soe aliened, shall be held of the same Lord and his heires, of whom the alien did then before hold, and by the like, rents and services, which were before due and accustomed. And further, our pleasure is and by these DOCUMENTS. XV« presents for vs, our heires and successors, WEE doe Covenant and grant to and wiih the said William Penn, and his heires and assignes, that WEE, our heires and successors, shall att no time hereafter sett or make, or cause to be sett, any imposicon, custome or other taxa- con, rate or contribucon whatsoever, in and upon the dwellers and inhabitants of the aforesaid pvince, for their lands, tenements, goods or chattels, within the said province, or in and vpon any goods or merchandize within the said pvince, or to be laden or vnladen within the ports or harbours of the said pvince, vnles the same be with the consent of the pprietarj, or chiefe Governor and Assembly, or by act of parliament in England. And our pleasure is, and for us our heires and successors, WEE charge and comand, that this our De- claracon, shall from henceforward be received, and allowed from time to time in all our Courts, and before all the Judges of vs, our heires and successors, for a sufficicient and lawful discharge, pa)'- ment and acquittance, comanding all and singular the officers and ministers of vs, our heires and successors, and cnioyneing them vpon paine of our high displeasure, that they doe not presume att any time to attempt any thing to the contrary of the premises, or that they doe in any sort withstand the same, but that they bee att all times aiding and assisting as is fitting vnto the said William Penn, and his heires, and to the inhabitants and merchants of the pvince afore- paid, thpir servants, ministers, tractors and assignes, in the full vse and fruition of the beneffitt of this our Charter : And our further pleasure is. And WEE doe hereby, for vs, our heires and successors, charge and require that if any of the inhabitants of the said pvince, to the number of Twenty, c^hall att any time hereafter be desirous, and shall by any writeing or by any pson deputed for them, signify such their desire to the Bishop of London, that any preacher or preachers to be approved of by the said Bishop, may be sent vnto ihem for their instruccon, that then such preacher or preachers, shall and may be and reside within the said pvince, without any Denial! or molcstacon whatsoever ; and if pchance it should happen here- after, any doubts or questions should arise concerneing the true sencc & meaning of any word, clause or sentence, conteyned in this our present charter, WEE AVILL ordaineand comand, that att all timrs and in all things such interpretacon be made thereof, and allowed in any of our Courts whatsoever, as shall be adiudged most advanta- geous and favourable unto the said William Penn, his heires and assignes: PROVIDED alwayes, that no interpretacon he admitted thereof, by which the allegiance due vnto vs, our heires and succes- sors, may suffer any preiudice or diminucon, although expres mencon be not made in these presents, of the true yearly value or certain*/ o( the premisses, or of any parte thereof, or of other guifts and grants made by vs, our pgenitors or predecessors, vnto the said William Penn, or any Statute, act, ordinance, pvision, pclamacon or restraint heretofore, had made, published, ordained or pvided, or any other thing, cause or matter whatsoever to the contrary thereof, in any xviti l^^TRODUToky wise notwithstanding. In Witness whereof WEE have caused these our letters to be made patents, Witness our selfe at Westminster, the fourth day of March, in the three and thirtieth jeaie of our Reigne. PIGOTT. By Writt of privy Scale. John Shaler, chv'. xxvij die .Tanry, 1682, Fir. CERTAIN CONDITIONS OR CONCESSIONS, t,^gYeed upon by JViUiam Perm, Proprietary and Governor of the Province of Pennsylvania and those loJio are the adventurers and purchasers in the same province the Eleventh of July, One thousand six hundred and eighty one. First. That so soon as it pleaseth God that the above said persons arrive there, a quantity of land or Ground plat shall be laid out for a large Town or City in the most convenient place upon the River for health and navigaton; and every purchaser and. adventurer shall by lot have so much land therein as will answer to the proportion which he hath bought or taken up upon rent. Hut it is to be noted that the surveyors shall consider what Roads or Highways will be necessary to the Cities, Towns, or through the lands. Great roads from City to City not to contain less than forty feet in breadth shall be first laid out and declared to be for highways before the Dividend of acres be laid out for the purchaser and the like observation to be had for the streets in the Towns and Cities, that there may be convenient roads and streets preserved not to be encroached upon b}^ any planter or builder that none may build irregularly to the damage of another. — ■ In this custom governs. Secondly. That the land in the Town be laid out together after the proportion of ten thousand acres of the whole country, that is two hundred acres, if the place will bear it: However that the pro- portion be by lot and entire so as those that desire to be together, es- pecially those that are by the catalogue laid together, may be so laid together both in the Town &, Country. Thirdly. That when the Country lots are laid out, every purcha^- ser from one thousand to Ten thousand acres or more, not to have above One thousand acres together, unless in three years they plant a family upon every thousand acres; but that all such as purchase together, lie together; and if as many as comply with this Condition, that the whole be laid out together. Fourthly. That where any number of purchasers, more or less, whose number of acres amounts to Five or ten thousand acres, desire to sit together in a lot or Township, they shall have their lot or Township cast together, in such places as have convenient Harbours or navigable rivers attending it, if such can be found, and in case any one or more Purchasers plant not according to agreement, in this concession to the prejudice of others of the same Township upon DOCUMENTS. Xj5t complaint thereof, made to the Governor or his deputy, with assist- ance they may award (if they see cause) that the complaining pur- chaser may, paying the survey money, and purchase money, and Interest thereof, be entitled, inroUed and lawfiiUy invested in the lands so not seated. Fifthly. That the proportion of lands that shall be laid out in the first great Town or City, for every purchaser, shaL be, after the proportion of Ten acres, for every Five hundred acres purchased, if the place will allow it. Sixthly. That notwithstanding there be no mention made in the several Deeds made to the purchasers, yet the said William Penn, does accord and declare, that all Rivers, Rivulets, Woods and Un- derwoods, Waters, Watercourses, Quarries, Mines and Minerals, (except mines Royal,) shall be freely and fully enjoyed and wholly by the purchasers into whose lot they fall. Seventhly. That for every Fifty acres that shnll be allotted to a servant, at the end of his service, his Quitrent shall be two shillings per annum, and the master or owner of the Servant, when he shall take up the other Fifty acres, his Quitrent shall be Four shillings by the year, or if the master of the servant, (by reason in the Inden- tures he is so obliged to do,) allot out to the Servant Fiftv_^acrcs in his own Division, the said master shall have on demand allotted him from the Governor, the One hundred acres, at the chief rent of Six shillings per annum. Eightly. And for the encouragement of such as are ingenious, and willing to search out Gold and silver mines in this province, it is hereby agreed that they havo liberty to bore and dig in any mans property, fully paying the damage done, and in case a Discovery should be made, that the discoverer have One Fifth, the owner of the soil (if not the Discoverer) a Tenth part, the Governor Two fifths, and the rest to the public Treasury, saving to the king the share re- served by patent. Ninthly. In every hundred thousand acres, the Governor and Proprietary by lot reser^'elh Ten to himself, which shall lie but in one place. Tenthly. That every man shall be bound to plant or man so much of his share of Land as shall be set out and surveyed within three years after it is so set out and surveyed, or else it shall ho lawful for new comers to be settled thereupon, paying to them their survey money, and they go up higher for their shares. Eleventhl}\ There shall be no buying and selling, be it with an Indian, or one among another of any Goods to be exported hut what shall be performed in public market, when such place shall be set apart or erected, where they shall pass the public Stamp or Mark. If bad ware and prized as good, or deceitful in proportion or weight, to forfeit the value as if good, and full weight and proportion to the public Treasury of the Province, whether it be the merchandize of the Indian or that of the Planters. 3 XX INTRODUCTORY. Twelfthly. And forasmuch as it is usual with the planters to oi/bt- reach the poor natives of the Country in Trade, by Goods not being good of the kind, or debased with mixtures, with which they are sen- sibly aggrieved, it is agreed, whatever is sold to the Indians, in consideration of their furs, shall be sold in the market place, and there sufi'er the test, whether good or bad ; if good to pass ; if nor good, not to be sold for good, that the natives may not be abused nor provoked. Thirteenthly. That no man shall by any ways or means, in word or deed, affront or wrong any Indian, but he shall incur thr same penafty of the Law, as if he had committed it against his fel' low planters; and if any Indian shall abuse, in Word or Deed, any planter of this province, that he shall not be his own Judge upon the Indian, but he shall make his complaint to the Governor of the pro- vince, or his Lieutenant or Deputy, or some inferior magistrate near him, who shall, to the utmost of his power, take care with the king of the said Indian, that all reasonable Satisfaction be made to the said injured planter. Fourteenthly. That all differences between the Planters and the natives, shall also be ended by Twelve men, that is, by Six planters and Six natives, that so we may live friendly together as much as in us lieth, preventing all occasions of Heart burnings and mischief. Fifteeathly. That the Indians shall have liberty to do all things relating to improvement of iheir Ground, and providing sustenance for the iamilies, that any of the planters shall enjoy. Sixteenthly. That the laws as to Slanders, Drunkeness, Swear- ing, Cursing, Pride in apparel, Trespasses, Distresses, Replevins. Weights and measures, shall be the same as in England, till altered by law in this province. Seventeenthly. That all shall mark their hogs, sheep and other cattle, and what are not marked within three months after it is in their possession, be it young or old, it shall be forfeited to the Go- vernor, that so people may be compelled to avoid the occasions of much strife between Planters. Eighteenthly. That in clearing the ground, care be taken'to leave One acre of trees for every five acres cleared, especially to preserve oak and mulberries, for silk and shipping. Nineteethly. That all ship masters shall give an account of their Countries, Names, Ships, Owners, Freights and Passengers, to an officer to be appointed for thiles, Ja. Harrison, Wm. Clayton, Chris. Taylor. The Petition of Hugh March and Other Persons against James Kilner, M'- of the Levee of Leverpoole, was read, and y" Councill pro- ceeded to Examine into y'' Business. Hugh March Comp*" Saith y*" M'- James Kilner Trode upon him on board the Ship, whereupon, he said Dam if, cannot the man see ! for which y" M'- beat him and made his mouth bleed. James Kilner Confesses he being in a Storme, trode on him by chance, and y'' Other Darning of him and calling him foole, Caused him to Cuff him. John Fox complaineth against James Kilner, and Saith he bjd him 24 MINUTES OF THE cleane the Deck, he answered it was cleane already, whereupon, }■* Master beat him. James Kilner answered that one night he Spake to Jno. fox to cleane y" Deck, who said he would not, and also gave him y'' Lie, whereupon, y' M'- Struck him. Edward Jones saith he drew some Water, and afterwards The M""- seeing y^ hhd of water open, fell upon y*" s"^ Jones, and beat him with a st^ff and made his nose bleed, and afterwards drew him by y' hair of the head to the Mainmast, kickt him on the side, and run his fingers up his nose. James Kilner answereth y' he asked y' said Jones why he lett y' water run at wast, who said he did not let it run at wast, and gave him y" like and other ill words, wherupon y" M'- struck him. Nich. Newtin declareth between both, "that there was a Caske w" wanted a pegg. That was almost out, and y' Master spake to Edw' Jones to put a pegg into it, which he did, but still it runn out, where- upon the M'- struck him several Blows. Adjourned till y^ 8* 7"> Mo. 83. At a Councill held at Philadelphia y'' 8* of y^ 7"^ Mo. 1683. present: Wm. PENN, Prop^ and Gov^ €hr: Taylor, Jno. Symcock, Jam. Harrison, Tho: Holmes, Wm. Clayton; ffra. Whitwell, Jno. Roads, Wm. Biles, Jno. Hilliard, Lasse Cock, Edw"" Southern, Edm"* CantwelL The Gov' proposes a Law to be drawn. That Servants which run away should serve five days for Every days absence after y' time of their Servitude, & pay the Costs and damages the Master shall Sus-, teine by their absence. The Gov'' Stateing y" Question, it was Carried in y''Afflrmative,N.C. Capt. Edm'' Cantwell, Wm. Biles, Jno. Symcock &c Jno. Roads appointed a Comittee to bring in a Bill concerning horses goeing out and comeing into this Province. AVm. Shute's Petition Concerning his Son, detained by Denis Rocheford, was read ; he is referred to the County Court. The Comittee brought in these following Bills, Viz' : one Concern- ing Importation of horses ; and one for Exportation of horses ; both which were read. Phillip England made his Complaint against James Kilner, who de- nyeth all alledged against him, only y" Kicking of the maid, and that was for Spilling a Chamber Pott upon y^ Deck ; otherways he was Very Kind to them. Georg eGreen Saith that Phillip England went to Said Kilner to the overplus Water, also Beer, which was his own, and was denied it. Tho. Brinket Saith that James Kilner said he must take care of PROVINCIAL COUNCIL. 25 their Water, having but a Little Left, but never denycd them water at any Time. Also y^ Ship rouled sometimes when y*" Caske was almost out, and soe made it Like pudle. He further saith y*" Seamen drunk more of y" Passingers beer then they themselves, and chainged 5 Barrells of y' Kissingers beere and then the had not pformed halfe their Voige, and the Ship beer being spent, drank wholy of the Passing"^ ,* he also saith y' Seamen drunk some times one Cann, some times two a day, more then ye Passingers that owed the drinke. The Master saith the Pas- s?ingers Left the Ordering of the Drink to him, but they deny it. The Gov' gave the Master a Repremand and advised him to goe w* the Passingers and make up the Buisness, w* accordingly he did. Adjourned till y' 10* 7* Mo., 83. At a Councill held at Philadelphia y'= 10* of the 7"" Mo., 1683. PRESENT : Wm. PENN, Prop' and Gov^ Tho. Holmes, Jno. Symcock, Edw** Southrin, Chr: Taylor, Wm. Biles, Wm. Clayton, Fidm"' Cant well, fFra : Whitwell, Lasse Cock, .lames Harrison, Jno. Hilliard, The Petition of Peter Groenendick, desireing a Speciall Court, was read. Francis Whitwell answcrd that being there aught to be a Court Every two months. Only he would not answer to a Speciall Court, there being no Jury to Try it. It is the result of this board that noe more Speciall Court sJiall be granted. A Bill was read Concerning Servants; past a first reading without Desent. Tho. Holmes, Edm'' Cantwell, James Harrison, Chris. Taylor, appointed a Comittee to draw Bills for Warrants, Bills, Bonds, repleanens, Sumonses and attachm'' to be brought in y'' afternoone. A Bill Concerning Sumonsing of Jurys was read, & past a first reading without desent. A Bill Concerning Justices Sitting in their own Cause upon an appeal, although a Prov" Councillor should Sitt in Prov" Councill upon that apeal, read; past the first reading without Desent. A Bill Concerning bringing in of horses, past a second reading without Desent. A Bill Concerning Carrieing of horses out of this Province, past a Second reading without Desent. A Bill Concerning y*" Privileges of Prov" Councill men. Assembly men, and Courts of Justice, past y" first reading without Desent. POST MERIDIEM. The Bills above said, w'^^'' are six, were againe read a Second tim« & past without desent. 3 26 MINUTES OF THE These Persons following, did Solemnly promise before this hon'' board, faith and allegiance to y' King, & fidelity and Lawful Obe- dience to Wm. Penn, Prop' & Governor. Capt. Gabriell Rappe, M'- Andrew Learrin, Andrew Inbert, Petter Meinardeau Uslee, Lees Cosard, Nich. Ribouleau, Jacob Raquier, Louis Boumat. Several Bills were brought by the Comittee Concerning Bonds, bills, attachm''- &;c. Which wei-e read a first reading &, past without Desent. Adjourned till y^ 11* 7"^- Mo., 83. At a Council! held at Philadelphia y^ 11'"" of y^ 7*" Mo., 1683, PRESENT ; Wm. penn, Prop' and Gov'. Edm"^ Cantwell, .Tno. Halliard, James Harrison, Edw'* Southrin, Wm. Clayton, Tho. Holmes, ffran. Whitwell, Wm. Biles, Jno. Symcock, John Roads, Chris. Taylor, Lasse Cock. Severall Bills Concerning Sumonses, Bonds, Bills, attachm'- &c... Others Concerning Shcrrifs and makeing upof acc'% were read a se- cond time; past without Desent. Wheras, there is a Petition preferred against francis Whitwell by Peter Gronendick, fran: Whitwell, Complayning against s"* Peter Gronendick, They doe Joyntly agree to have y'' Differance Tryed before the Gov' and Conncill the 26'" 8'" month next Ensuing. A Bill ordered to be drawn for Clark's fees to be recovered; also an Other for sitting up of Bouyes in the River &: Bay. Adjourned til! the 12"^ 7'" Mo., S3. At a Councill held at Philadelphia the 12*^ of y= 7*^ Mo., 1688. PRKSENT : W3I. PENN, Prop' and Gov'- Chris. Taylor, fran. Whitwell, Wm. Biles, Jam. Plarrison, .Tno. Plilliard, Edw** Southrin, Tho. Holmes, Edm^ Cantwell, John Road, Jno. Symcock, Wm. Clayton, Lasse Cock. All the Before mentioned Laws were read a third time, & past av'" out Desent. John Hill was attested to the Truth of these severall ace" and Bills, w^^ are as foUoweth : Due to Wm. fframpton. Viz' : Phillip Morris, 5611b. Tobaco. Dr. Contra Cr. L. Wm. Clark, 9541b. pork, 61281b. Tabac, 5 Cr. 3600 lb. Tabac. i Diet & Storidg. PROVINCIAL COUNCIL. 27 Wm. Emitt, Dr. 686 lb. Tobaco. ? Cr. L. Indian Cor 26 Bus". 2^" 5 Sam" Grey, Dr. 573 lb. pork, 393 lb. Tobac. & 21b. 4s. 11 mony, Gr. 557 lb. pork. Will. Keening, Dr. 30 lb. pork. Cr. Win. Carter, Dr. 2 lb. 16, 8, 11 in monv, 112 lb. pork, Cr. Wheat 1 lb. 10, 00. Pork 130. Henrv Strecher, 325 lb. pork, 340 lb. Tobaco. Cr. Alexander Moleston, 115 lb. pork, 815 lb. Tobaco. Cr. pork, 130 lb. Luke Watson, Dr. 708| lb. pork, 1367 lb. f Cr. Tobaco 1113 lb. Tobaco. < pork 329 lb. Balance due 3791 lb. 254 lb. 2. (.mony 3 lb. 00, 00. Andrew Dewpree, Dr. to 171b. 3ip. Indian Corn. Cr. Jno. Johnson, Dr. £ 0, 16, 6. Cr. 01b. 5She. 00. Jno. Vines, Dr. to 663 lb. pork, 1893 lb. Tobaco. Cr. 500 lb. Tabac. Henry Skidmore, Dr. 1243 lb. pork, 350 lb. Tabaco. Cr. 60 Tabac. .Jno. Oakey, Dr. 1, 1, 3.}. Joseph Low, Dr. 452 lb. Tobaco. Roger Gom, Dr. 30 lb. Tabaco. Rich. Patty, 2 Bar"" Indian Corne, Wm. Bradford, Dr. 28 lb. porke, Geo. Young 3 Bush. 2 pecks Wheat. Jno. Brinklow, Dr. by ball, of acct 1200 lb. Tabaco. Tho. Stretton, Dr. 140 lb. Tabaco. Benony Bishop, Dr. 3682 lb. Tobaco. Tob. Anth. Inloes, 490 lb. Tobaco. Cr. 361 lb. to Ball. 129 lb. Tob. Jno. Betts, 459 lb. pork, 2906 lb. Tob. Cr. 2167 lb. Tob. To ball. 459 lb. pork, 839 lb. Tobaco. Edw^ Peck, 300 lb. pork, 1721 lb. Tob. Cr. 1650 lb. Tob. to ball. 300 lb. porke, 71 lb. Tobaco. ffran. Whitwell, Dr. 3223^ Tob. Cr. 2180 lb. due to ball. 1043 lb. Tobac. Jno. Roads, Dr. 781 lb. Tob. Cr. 445 lb. Tob. due to ball. 334 lb. Tob. Rob' Waker, Dr. 2408 lb. Tob. Cr. 2240 lb. Tab. due to ball. 168 1b. Tab. Patrick Grady, Dr. 717 lb. Tab. Cr. 450 lb. Tab. due to ball. 267 Tabac. Sam" Mott, 184 lb. Tob. Cr. Jno. Veckers, 90 lb. Tob. Cr. een already allayed, and if they did not put more Copper into it the\ would Loose by it ; they said they would Bare him out in what he did for them. The Gov' telleth Ch : Pickering & Sam" Buckley of their abuse t,o, y' Governm', in Quining of Spanish Bitts and Boston money, to the Great Damage and abuse to y" Subjects therof The Gov' ,aslj^ them whether or no they are Guilty of y" fact. They confess, they liave put of some of those new bitts, but they say that all their money was as good Silver as any Spanish money, and also deny that they liad any hand in this matter. Charles Pickering saith he will Stand by it and be Tryed ; he declareth that he heard Jno. Rush Swcre that lie Spent halfe his time in making of Bitts. The Gov' asketh Sam" Buckley whether he did not help to melt money, or to put in y* Copper allay into y* Silver more then Should be, and to have been at y" Stamping of new Bitts, and Strikeing on the Stamp. He Confesseth he hath been guilty of somewhat of that; also, was 3* 30 MINUTES OF THE there not to y* knowledge any brass or Copper put into the Silver that was melted ? he Sayeth yes. Also, whether or no thou didst not help Charl. Pickering's man to melt, and also to stricke the hamer and See y'^ Seals, and disperse some of the Bitts, more or Less? he Sayeth yes. Was there not more allay put into the Silver then Ordinary, and y" Person tould that Stamp it, that There was too much ? he say- eth yes. John Rush being sent for & Examined, Positively denyeth what Char. Pickering afFermd. The Gov' Demands of Charl. Pickering and Sam" Buckley to give Security, w'" accordingly was done. Tho. Phillips & Sam" Buckley, Enter into a Recognizance of five hundred pounds for Sam" Buckley's appearance before this board when demanded, and not to goe out of towne without Leave. Rich"* Wall and Char. Pickering binde themselves and Enter into a Recognizance of five hundred pounds for Char. Pickering's appear- ance before this board, and not to goe out of towne without Leave. Ordered y' y'' Sherriff take Rob' ffelton into Custodj-, «S; him safe to keep untill further order. POST MERIDIEM. The Gov"" moved that at y" beginning and Ending of the Sitting of the Assembly, the People of y" Citty and Countrey may if they pleasc,^ come in and hear what shall be spoken unto them. The Assembly being admitted, the Gov'' opened the house, and ('aused to be delivered to the Speaker fifteene Laws Concerning seve- ral! things for them to debate of. A Petition of y*" County of Kent was Cognizable before this board, ;ind it is referred to a Comiltee of some of this board and some of the house of Assembly to that part of y" Petition Relateing to pattents. The Gov' telleth them that the fault of not having Patients is not y*" Gov'' but their owne, for they ought always to attend the Gov'' for them, and that their Default is so far from giving them pretence not to pay Quitrents, that with an Other Gov"' it might Weaken their Tittles or Pinch their pocketts, and that y'' Ord"" of S' Edmond Andros for three Years to Seat in Expired in '78, and that divers Orders were .sent to them to take out their Pattents, and further more there was an ( )ther Order that those that had not or should not settle in 6 months .should forfeit their Lands ; also thousands of acres in the Lower Countys which y" Gov'' might have taken from them, being forfeited ; therfore they ought to be Content. A Warr' was Issued Out from this Board to Benjam. Chambers, High Sherriffs, to Sumons a Grand & Petty Jury for the Tryall of Char, l^ickering «Sj Sam" Buckley. Adjourned till the 25"" &'" ]\Io. 83.. PROVINCIAL COUNCIL. 31 At a Councill held at Philadelphia the 25"" 8'" Mo., 1683. PRESENT : Wm. PENN, Prop^ & Gov'. Tho, Holmes, Wm. Biles, Jno. Symcock, Lasse Cock, Wm. Clayton, Ja: Harrison, Chr. Taylor. Ordered, That an Indictm' be Drawne against Char. Pickering & Sam" Buckley, Grounded upon Evidence taken before this board. Two of the Assembly, Jno. Blumstone &z. Luke Watson, came to this Ixtard to be Informed Concerning the Sherriffs, calling them to y' Ser- vice of a Grand Jury, and they were tould it was about Corrupt money, and that it was not by Compultion, but w* their Consent. John Symcock Sent by y'' Gov'' & Prov" Councill to y"" Assembly, that Griffith Jones may have Liberty to come before this board to be Examined in a Businesse of Moment. Complaint being made to this board about New Bitts and New England Shillings, It was resolved that there should be a Proclama- tion Issued out forthwith to cry them downe. Griffith Jones Attested, saith that Charles Pickering sent hin^ Eight pounds in New Bitts to pay New England men, but they would not take it ; therefore he went to Mary Bartholmew and changed Iburty Shillings to make up a sume which Otherways he could not have done, and he promised to change it againe, and further Saith not- John White made Atturney Generall to plead the Cause between Our Prop" & Gov', and Char; Pickering & Sam" Buckley. POST MERIDIEM. Thorn. Holmes and James Harrison Sent to y" house of Assembly, to Lett them Understand, that if they were ready Wee are ready, and stay for them. Whcrupon the Speaker w'"° y" Whole house, came to attend this Board w"" a returne of y" Bills w"** were delivered to them by this Iward ; Which Bills were read the Last reading and past, Nemine Con- tradicente. A Grand Inquest were Impanneld and Attested, whose names are as followed: Tho : Lloyd, foreman. Jno. James, Jno. Parsons, Enoch flower, Jno. Vanborson, Jno. Blunstone, Rich. Wood, Robt. Hall, Tho: ffitchwater, Jno. Hardin, Valt. Hollingsworth, Wm. Guest, Jno. Hill, Alex'"' Draper, Jno. Curtis, Edw' LoufT, Jno. Louff, Robt. Lucas, Ja: Boyden, Jno. Wale, Hen. Jones, Nich. Walne, Sam" Darke, Caleb Pusy- A.ad then adjourned till y^ ^&^ las', 8"' Mo. 83.. 82 MINUTES OF THE At a Councill held at Philadelphia y* 26"" 8'^ Mo. 1683, PRESENT : Wm. PENN, Prop" & Gov'. Chr : Taylor, Jno. Richardson, Tho : Holmes, ffra: Whitwell. Lasse Cock, Jo. Symcock, Wm. Clayton, Wm. Biles, Ja : Harrison. John Moll, The C4rand Jury being called Over, went forth to find the Bill against Charles Pickering, and returned and found y' Bill as being a Heynous and Grevious Crime. The Petty Jury were Impanneld and Attested, whose names are as followed: John Claypoole, foreman. Jno. Barnes, Walt' King, Rob' Turner, Jos. ffisher, Benj : Whitehead, Rob' Euer, Dennis Rochford, Tho : Rouse, Andrew Brinkson, Wm. Howell, David Brintnell. The Indictm' was read against y* Prisoner at y' Barr, to w'^ he an- swered not Guilty, and would be tryed by his Country. The Attur- ney Gen'all then opened y' Cause and called for his Witnesses as fol- lowed : Caleb Puse)'^ attested, Saith that Charles Pickering paid him 151b. in New Bitts, w'*" were produced in Court. Griffith Jones Attested, Saith that he borrowed of the Prisoner Eight pounds in New Bitts, as they are now called. Mary Bartholmew attested, saith that Griffith Jones came to her and desired her to change himfourty Shillings; shee said she would, provided he would change them againe, and he sayd he would ; wherupon he had it, wherof some of y" pieces were produced in Court. The foreman of the Jury desired that y'^ Prisoner would tell him who he had the money of that he payd to severall people, but he sought to Evade it, saying the money that any pson rec'd of him he would change it, and that noe man should Loose any thing by him. The Gov' gave y^ Charge to ye Jury, and they went forth and re- turning againe, brought him in Guilty of y* Bill of Indictem'. A Bill sent to y" Grand Jury against Sam" Buckley and Robt. Fen- ton, which was found, and their Indictm'' read against them ; they both Confessed y" fact, and the Petty Jury went forth and brought them in Guilty of their Indictm"*. Sam" Buckley & Robt. ffenton, both Declare that Pickering and they two made the Money to gather, and Robt. ffenton saith that he Cut the Seals for Charles Pickering, and that he was at worke there with them about a Week or more, and further saith, one pair was made before he absented himselfe, and one paire afterwards, and y' the mint was not in this Province, which was declared by both of y" aforesaid Prisoners. After Which, y' Gov' Proceeded to give Sentance against y* Priso- ners, w* is as followed. Charles Pickering, The Court hath Sentenced thee for this high misdemeanor whereof thou hast been found Guilty bv the Country, PROVINCIAL COUNCIL. 33 that thou make full Satisfaction in good and Currant pay to Every Person that shall within y" Space of one month, bring in any of this false, Base and Counterfitt Coyne, (w'^'' will to morrow by Proclama- on be called in,) according to their respective proportions, and that the money brought in, shall be melted into gross before returned to thee, and that thou shalt pay a fine of fourty pounds into this Court, towards y'' Building of a Court house in this Towne, and Stand comit- ted till payd, and afterwards fined Security for they good abearance. Sam" Buckley, the Court Considering thee to have been more En- genious then he that went before thee, hath thought fitt to fine thee, and doe fine thee tenn pounds towards a Public Court house here, and to finde good Security for thy good abearance. Robert ffenton, the Court haveing also Considered thy Ingenuity in Confessing the Truth of Matters, and that thou art a Servant, hath only Sentenced thee to Sitt an hour in the Stocks to morrow morning. Adjourned till the 27"^ 8'" month, 83. At a Councill held at Philadelphia y'' 27th of y^ S"" Mo,, 1683. present: Wm. PENN, Prop" and Gov^ Tho: Holmes, Wm. Clayton, Jam: Harrison, Jno. Symcock, John Moll, Wm. Biles. fFr: Whitwell, Chr: Taylor, A Proclamation was this day Issued out to put downe Bitts a Coyne so Called, w'^'' were Counterfitted by Char: Pickering, and also he to make satisfaction to all manner of Persons wronged by y" same. A forme of a Proclamation begins thus : By the Proprietary and Gov' of y* Province of Pennsilvania, & the Territories thereunto belonging, by and w"' the advice and Con- sent of y' Prov" Councill of y^ same. Ordered that there being a returne made to this board, by y° Comiss'^ of appraisem' appoynted between Luke Watson and John Bellamy, of Certaine Improvm'" made by Luke Watson, on a Planta- tion adjudged to John Bellamy at Prime hook, in y^ County of Sus- sex, in the Territories of this Province, in as much as y" s'' Jno. Bel- lamy hath not payd him nor Secured him the Vallue of y" appraism' and that he is at psent out of y" Countrey, that he may Enjoy y' s*^ Plantation till payd, or sufl[iciently Secured. It is Ordered by this board, that y" said Luke Watson, doe Peacea- bly Enjoy the sayd Plantation till y'' said John Bellamy hath payd or given sufficient Security to pay the same, or hath shown to this board a good cause to the Contrary. Adjourned till y= 29'" of y' 8'" Mo., 83. 34 MINUTES OF THE At a Coimcill held at Philadelphia y^ 29'" of y'= S"- month, 168S. PRESENT : Wm. PENN, Prop"^ and Gov^ The: Holmes, Jno. Symcock, ffra. Whitwell, Chr: Taylor, Jno. Richardson, James Harrison, Wm. Biles. Charles Pickering Sent for by the Messinger. A Petition of ffra. Whitwell read. A Warrant Issued out to make Search in y*" Shop and Lodging of isack y^ Smith, Humphrey Best and Jno. Rush, doe worke for mettles (voyned or uncoyned, Stampt or unstampt. Iron or Steel only ex- cepted. A Petition of Rob' Marsh read, and Ordered that fFrancis Whitwell release him or sue the Bond. Adjourned till y'' 30"- 8'" Mo., 1683. At a Councill held at Philadelphia y' 30"^ S* Mo., 1683. PRESENT : Wm. PENN, Prop"' and Gov'-. James Harrison, Jno. Richardson, Wm. Haigue. Tho. Holmes, Wm. Biles, John Richardson desired aWritt oflnquirey Concerning the Estate of Mich. Simkin. Adjourned till y^ 7'" of y= 9'" Mo., 83. At a Councill held at Philadelphia the 7* of the 9"" month, 1683. present: Wm. PENN, Prop"' and Gov'. Chris. Taylor, ffran. Whitwell, Tho. Plolmes, Jno. Richardson. A Petition of Peter Gronendicks read, and upon reading this board grant him a rehearing of a Case of Difference between Cornelius Varhoof, PI' and Peter Gronendick, Deff*, before y^ Gov' and Prov" Councill y'= 28"' Ins' 1683. A Petition of Abra. Westron read : Oi'dered, that he be remetted his line, but that his Wife pay hers, it being 5 pounds. A Petition of Rich'' Wells read : Ordered that he be referred to y' Peace makers, and in Case of Refusall to y" County Court, according to Law. Adjourned till y^ 21*^' of 9"' Mo. 83. PROVINCIAL COUNCIL, S5 At a Councill held at Philadelphia The 21* of the 9'" Mo., 1683, present: Wji. PENN, Prop^ and Gov^ Tho. Holmes, Wm. Haigue, Chris. Taylor, Wm. Clayton. The Petition of ffr. Whitwell read, and upon Consideration of his allegations of Mistakes in Peter Gronen dicks acco'"' Ordered that unless they rcferr it to two Persons Indifferently Cho- sen, this board doth grant a rehearing, ffr. Whitwell paying the Charge thereof. Jno. Stephens, PI*" i> , , r ^r ^ r^ . r, r- T-i • r> rt f by an apeal from Kent County Court. bvan Davis, Def 3 j ' The Plan' Declaration was read and they pceeded to Tryall. The^Plantif declared that if The def* would Swear to his acco% that he would allow of them. That upon y^ hoarding of a Case of DifFerance depending between John Stephens, Plan', & Evan Davis, Def, from a Judgm' given upon an apeal from Kent County Court against y" Plant. This Board doth finde that the said Evan Davis, Stands Indebted to y* s** Jno. Stephens y° Just Sume of One Thousand & seaventy pounds of good and Marchantable Tobacco, over and above y" As- signem' of Stiles, his Bill of Eightcene hundred & Odd pounds of To- bacco to y^ Said Stephens, and the Obligation he is under to finish the Tobacco house of y" s'' Stephens. A Ship called the Mary of Southampton, Anto Pryers M'-, was by this Board called in question for being an Unfree Ship, and upon Con- sideration had by this Board, and Jno. Test, Prosecutor, desireing Judgm'. It is y^ Judgm' of this board that there being noe Certificate that shee is a free Ship, therfore this board Condems her as being an unfree ship and forfeited. The Condemnation is as followed: Information haveing been made to y"" Gov'' & Prov" Councill, that a Certaine Ship called the Marry of Southampton, lately arrived vv"' Passingers from Southampton in England, and now Rideing before the Towne of Philadelphia, in the Province of Pennsilvania, is a Scot- tish Bottom and noe w'ays made ffree to trade to any of his Majesty's Plantations in America, and so under y'' forfeiture Expressed in the Laws of Navigation; upon a full hearing of the Business in Councill, and by the Ingenious acknowledgem' of the Master and some of y* Owners, and Especially by the Goulden Breif that was produced by one of them, is found to be the Alexander of Inverness, of y" Kingdome of Scottland, And therfore the Gov'' and Prov" Councill have and doe adjudg and Condemne the said Ship as forfeited, according to Law in such Cases provided for. Adjourned ;ill y^ 26'" 10'" Mo., 83. 56 MINUTES OF THE At a Councill held at Philadelphia, y' 26"'of y^ 10'" month, 1683. present: Wm. PENN, Prop°^ & Gov^ Tho. Holmes, Wm. Haigu€, Lasse Cock. Wm. Clayton, The Gov' and Prov" Councill having taken into their Serious Con- sideration the great Necessity there is of a Scool Master for y' In- struction & Sober Education of Youth in the towne of Philadelphia, Sent for Enock flower, an Inhabitant of the said Towne, who for twenty Year past hath been Exercised in that care and Imploym* in Encrland, to whom haveing Comunicated their Minds, he Pjmbiaced it upon these following Termes : to Learne to read English 4' by the Quarter, to Learne to read and write 6' by y*^ Quarter, to learne to read, Write and Cast acco' 8' by y*" Quarter; for Boarding a Scholler,that is to say, dyet, Washing, Lodging, & Scooling, Tenn pounds for one whole year. Antho : Pryer's Petition read ; referred to y"" Law. Adjourned till y^ 27* 10* Mo., 83. At a Councill held at Philadelphia The 27* of the 10* month, 1683. PRESENT : Wm. PENN, Prop"' and Gov'. Tho: Holmes, Wm. Haigue, Lasse Cox. Wm. Clayton, This day Thomas Lloyd was sent for before this board, and y'^ ^jJov' was pleased to put him in Master of y^ Rolls, who doth Solemn- ly promise to officiate therein w* care and Diligence. It being taken into the Serious Consideration of this board, the Great grevance of Tradesmen's Exaction, they have thought fitt to Issue out an Ordinnance whereby to regulate the same. The Sherriff having brought in the Grevance of y" People Concern- ing the New betts put out by Charles Pickerin, which he is to Sa- tisfie for According to y' Judgm' given against him in that matter ; he being asked about it, saith that he will give in Money and plate to Satisfie them. The Petition of John Helliar read. Ordred that The Law shall have its Course. Ordered That y'' Sherriff" goe to Char: Pickering and receive as much good money, or Valine thereof, as he hath reced of the People in bad money, and pay y^same respectively to y^ People as he reced the other from them. And Adjourned till y^ 16* 11* Mo., 83. PROVINCIAL COUNCIL. 37 At a Councill hold at Philadelphia y^ 16'" of y^ 11"" month, 16S3. • PRESENT : Wm. PENN, Prop"-^ and Gov'. (^hris. Taylor, Lasse Cock, .Tames Han-ison, ^\'m. Biles, Tho. Holmes, Wm. Clayton, Jno. Symcock. The Proposalls of Anto. Weston w"' y^ rest of y*^ Persons names thereunto Subscribed were read; And the Gov'' proposes vv'^'' way to punish him, and they thought the best way was to have him Whypt. Paul Saunders and Tho. Stephens say that Anto. Weston tould them that Jno. Songhurst, Jno. Parsons, Tho. Ducket and Otjiers, would stand to his paper. Antho. Weston being Examined, saith that tliey mett at Tho. Hoot- ons, and there chose him to draw up Proposalls to the Gov"' & Prov" Councill, w* Proposalls were mended by Tho. Winn, who was re- proved for doeing of the same. The Gov"" proposeth what to doe w"' Anto. Weston : as many as would have him whypt, say yee. Past in the Affirmative. John Stone and Tho. Dare his (Servant, En' into a recognizance of fifty pounds a pcice for their good behaviour duering the Terme of his .Serv'' Servitude. Henry Comely & Geo. Sheave his Servant, Entered into a recog- nizance of fifty pounds a peice for their good behavior duering y" terme of his Serv'" Servitude. Wm. Clayton and Tho. Stephens his Serv', Enter into a Recogni- zance of fifty pounds a peice for their good behavior to the Governnv duering y" said Serv*^ Servitude. The Gov' and Prov" Councill have thought fit that for tlic great presumption and Contempt of this Governm'i and authority, that Anto. Weston be Whypt at y" Market place on IMarket daye three times, Each time to have Tenn Lashes, at 12 of the Clock at noone, this being y" first day. A single recognizance of fifty pounds the freemen that Subscribed TO Antho. Weston's proposalls, are to give for their good behavior to y^ Governm' till such time as y'^ Genall Assembly shall next sett. Ordered That Wm. Clayton build a Cage against the next Coun- •111 day, 7 foot high, 7 foot Long, & 5 foot broad. Adjourned till y^ 17"' ll'" !\Io., 1683. At a Councill held at Philadelphia y' 17* of y^ 11'" month, 1683. PRESENT : Wm. PENN Prop"' and Gov'. James Harrison, Lasse Cock, Wm. Clayton, John Symcock, Wm. Biles, Tho : Holmes. Chris : Taylor, 4 38 MINUTES OF THE John Songhurst, and all his Serv", Enter into a recognizance of fifty pounds apeice, for their good behaviour to v' GovernnV duering y* terme of his Serv*" Servitude. "* Andrew Griscome and Mathias Jewell, Enter into a recognizance of fifty pounds apeice, for their good behavior duering y^ terme of his Serv** Servitude. The Petition of Peter Cock read. The Question was put, whether the Law of Custome doth Last but for a year, as well as Taxes, or not. Proposed by the Gov' whether or no y° People in England should not pay towards Public Charges or not, as well as those in the Pro- vince ; past in the Affirmative. All that are of Opinion That a Levie should be Laid on y^ Lott in the Citty of those psent and those absent, Say Yea ; Past in y' Affir- mative. A Law proposed to Encourage makeing of Linnen Cloth. A Law proposed for two Sorts of Cloaths only, for Winter and Summer Wear. A Law proposed for Young Men's Marrieing at such an age. A Law proposed for Makeing of Severall sorts of Books, for the use of Persons in this Province. Proposed that care be Taken about the Learning and Instruction of Youth, to Witt: a Scool of Arts and Siences. Adjourned till y^ 7* 12* month, 1683. Att a Councill held at Philadelphia y' 7* 12* Mo., 1683. present: Wm. PENN, Prop" & Gov\ Lasse Cock, Jno. Symcock, Tho. Holmes. Wm. Clayton, Margaret Mattson and Yeshro Hendrickson, Examined and about to be proved Witches ; whereupon, this board Ordered that Ncels Matson should Enter into a Recognizance of fifty pounds for his Wiff^'s apearance before this board the 27* Instant, Hendrick Jacob- son doth the same for his Wife. Adjourned till the 20* 12* Mo., 83. At a Councill held at Philadelphia y^ 20* 12* month. 1685. PRESENT : Wm. PENN, Prop" and Gov'. Tho: Holmes, Wm. Clayton, Lasse Cock. Wm. Haigue, PROVINCIAL COUNCIL. 89 Wm. fframpton being Sent for before this board, his Petition was read, and it was Ordered that James Claypoole, Rob' Turner, Jno. (rreene, Jno. Jones and Wm. tlrampton, or any two of them, to have tlie Keys and to take into Possession the Estate in the hands of Jno. Vanburson, and to Inspect his acco'^ in psuanco of the same, and to make a rcturne distinktly of the said goods and ace'' to this board. The Gov'' & Prov" Councill have thought fitt, from the Exteriordi- nary in the Case, to place Patrick Robinson as administrator to Benj. Acrods Estate, and to have a recourse to this board from time to time. Wheras, the Verdict of the Coroner's Jury was, that Benj. Acred killed himselfe w* drinke, w"""' might give the Province a pretence to his Estate therin. The Prop" & Gov' Relinqueshed all his Claime thereunto in Councill, and desired y^Councell to take Care that some person be appoynted to take Care of y" Estate of y*" s'" Acrod, for y° ])aynV of his debts, and the remainder to be disposed of according to l^aw, &c. Adjourned till the 21"> 12"- Mo., 83. At a Councill held at Philadelphia y' 21* of y'' 12"' Mo., 1683. present: Wm. PENN, Prop"' and Gov'. Tho: Holmes j Wm. Clayton, Lasse Cock. Wm. Haigue^ Chr: Taylor, James Claypoole, Jno. Joanes and Wm. fframpton, made their re- turne to this board Concerning the Estate of John Vand Borsons; Wherupon, James Claypoole & Wm. fframpton were appointed to Inspect and make up the ace*" of Jno. Vanborson, and to give an acco' of it to this board when they have made up the Cr. & Dr. Wm. fframpton makes a report of the referance of the Councell Concerning the Estate of Jno. Vanborson, Lately deseased. The Prov" Councell Ordered Wm. fframpton & Sam" Carpenter ofthisTowne, March*", to administer on y' behalfe of y° Creditors and Heirs of Jno. Vanborson, and to make report of what they doe therein to this board. Adjourned till v' 27'" 12''' Mo., 83. At a Councill held at Philadelphia y' 27 of the 12* month, 1683. PRESENT : Wm. PENN, Prop'' and Gov'. James Harrison, Wm. Haigue, Wm. Clayton, Wm. Biles. Chris. Taylor, Tho: Holmes. Lasse Cock, 40 MINUTES OF THE The Grand Jury being attested, The Gov' gave them then' Charge, and the Atturncy Genall attended them w"" the presentm' ; their names are as followed : Rob' Euer, forcman. Rich. Orne, The : Mosse, Sam" Carpenter, Jno. Day, Tho : Ducket, Andrew Griscom, Jno. ffisher, Denis Linco, Benj. Whitehead, Jno. Barnes, Tho : Phillyps, Jno. Barnes, Gunner Rambo, Tho: Millard, Sam" Allen, Enock flower, Jno. Yattman, Jno. Parsons, Henr : Drystreet, Barnaby Wilcox. POST MERIDIE3I. The Grand Jury made their returne, and found the Bill. Ordered that those that were absent of the Petty Jury should Ix^ fined 40' each man. Mai'G;arit Matson's Indictm' was read, and she pleads not Guilty^ and will be tryed by theCountrey. Lasse Cock attested Interpriter between the Prop"' and the Prison- er at the Barr. The Petty Jury Impanncld ; their names are as followed: Jno. Hasting, foreman. Albertus Hendrickson, Rob' Piles, Rob' Wade, Nath. Evans, Edw" Carter, "Wm. Hewes, Jcr. Collet, Jno. Kinsman, Jno. Gibbons, Walter Martin, Edw** Bezac. Henry Drystreet attested, Saith he was tould 20 3^ears agoe, that the prisoner at the Barr was a Witch, & that several 1 Cows were be- witcht by her; also, that James Saunderling's mother tould him that she bewitcht her cow, but afterwards said it was a mistake, and that her Cow should doe well againc, for it was not her Cow but an Other Person's that should dye. Charles Ashcom attested, saith that Anthony's Wife being asked why she sould her Cattle; was because her inother had Bewitcht them, having taken the Witchcraft of of Hendrick's Cattle, and put it on their Oxon ; She myght Keep but noe Other Cattle,, and also that one night the Daughter of y"* Prisoner called him up hastely, and when he came she sayd there was a great Light but Just before, and an Old woman with a Knife in her hand at y'^ Bedd's feet, and therefore shee crycd out and desired Jno. Symcock to take away his Calves, oi Else she would send them to Hell. James Claypoole attested Interpritor betwixt the Prop™' and the Pris. oner. Theaffidavid of Jno. Vanculin read, Charles Ashcom being a Wit- tiess to it. Annakey Coolin attested, saith her husband tooke the Heart of n Calfe that Dyed, as they thought, by Witchcraft, and Boyled it, wher- upon the Prisoner at y" Barr came in and asked them what they were doing ; they said boyling of flesh ; she said they liad better they had Boyled the Bones, with severall other unseemly Expressions. Magaret Mattson saith that she Vallues not Drystreet's Evidence; but if Sanderlin's mother had come, she ^\•ould have answered her ; PROVINCIAL COUNCIL. 41 also denyeth Charles Ashcom's Attestation at her Soul, and Saith where is my Daughter ; let her come and say so. Annakey Cooling's attestation concerning the Gees, she denyetli, saying she Avas never out of her Conoo, and also that she never said any such things Concerning the Calve's heart. Jno. Cock attested, sayth he Knows nothing of the matter. Tho : Balding's attestation was read, and Tho : Bracy attested, saith it is a True Coppy. The Prisoner denyeth all things, and saith that y'' Wittnesses speake only by hear say. After w"^'' y*" Gov'' gave the Jury their Charge concerning y* Pris- oner at y" Barr. The Jury went forth, and upon their Returne Brought her in Guilty of haveing the Comon fame of a Witch, but not Guilty in man- ner and forme as Shee Stands Indicted. Neels Mattson and Antho. Neelson Enters into a Recognizance of fifty pounds apeice, for the good behavior of Margaret Matson for six months. Jacob Hendrickson Enters into the Recognizance of fifty pounds for the good behavior of Getro Hendrickson for six months. Adjourned till y' 20'" day of y'= first Mo., 1684. At a Councill held at Philadelphia The 20"" day of the 1^ month, 1684. present: \Vm. PENN, Prop"^ and Gov\ lam. Harrison, John Cann, Wm. VV'elch, Thomas Janney, Tho. Holmes, Tho. Lloyd, Chris. Taylor. Jno. Svmcock, Wm. Clayton, Wm. Wood. Tho. Lloyd, Wm. Clayton, Tho. Janney, Wm. Welch, Jno. Cann and Wm. Wood, attested to Keep Secret the Debates in Coun- cil, &c. Complaint being made to this board of a Notorious Robery comit- ted on the goods of hannah Saulter, this board was pleased to Issue out a Proclamation for apprehending & Secureing of Such Persons if found in this Province or Territories, or Elsewhere. Ordered that y^ first thing to be done to-morrow be the Running over the Old Laws. Adjourned till y= 21" 1" Mo. 84. 42 MINUTES OF THE At a Councill held at Philadelphia the 21"^ of y^ I'* Mo, 1684> present: Wm. PENN, Prop"' and Gov^ Wm. Welch, Tho. Holmes, James Harrison,. Tho. Lloyd, Jno. Symcock, Chr. Taylor, Tho. Janney, John Cann, Wm. Clayton, "Wm. Wood. A Debate was held Concerning y' Genall Assembly Sitting at the Towne of New Castle : at Last the Result was that they should Sitt there. Ordered that two Letters be sent to Kent & Sussex Countyes, Con- cerninorthe meeting of y" Genall Assembly, to be held at New-Castle onthelo'" 3^ Mo., 84. Wm. Clayton desireing Leave to goe to upland «Ss returne on second day, it was granted him. Adjourned till y"^ 24* 1^' Mo. 84.. At a Councill held at Philadelphia y* 24"^of y^ T' Mo. 1684. rRESENT: Wm. PENN, Prop"' and Gov^ Wm. Clark, Wm. Clayton, Luke Watson, Tho. Janney, John Cann, Jno. Symcock, Tho. Lloyd, Wm. Welch, Chr. Taylor, Tho : Holmes, Ja. Harrison, Wm. Wood. They proceeded to have y^ Old Laws read Over, and to make re- markes on them. A Comittee was appointed to Inspect the Margenall notes upon the Old Laws, Viz': Tho: Holmes, Wm. Welch, Tho: Lloyd; which Co- inittee will make their report to morrow morning. The Laws Ordered to lie drawn Out w"" the reasons & Preamble, And then they pceeded to make an Inspection into y'^ bills made at Upland. The Comittee brought in a Bill for Constituteing an Other Councill for State's Matters. Upon w"^ there was a great debate, & at Last it fell. The Same Comittee Appointed to draw up all the Laws as amend.- ed and agreed ; also to draw up these news Laws. Adjourned till y'^ 26* 1" Mo., 84.. PROVINCIAL COUNCIL. 43 At a Councill held at Philadelphia The 26"^ day of y^ 1" month, 1684. present: Wji. PENN, Prop" & Gov^ Wm. Clarke. Tho : Janney, Chr. Taylor, Tho. Holmes, Luke Watson, Tho. Lloyd, Wm. Welch, Wm. Clayton, Jao. Cann^ Jno. Symcock, Ja: Harrison, Wm. Wood. A Bill read Concerning the Laws made at Upland, alias Chester, to be Continued w"" y" Preamble to y^ s'^ Laws. A Bill read Concerning repealing or Varring any of the those Laws made at Upland & Philadelphia. A Debate was held when the Laws should be in force. Resolved, till 20 days after the riseing of y' genall Assembly, by Publishing them the first Court day after y'- Riseing of y" s'' Assem- bly, Except those that have not times Set them. A Bill read Concerning fines & measures. Printing, Promulgateing of the Laws, w* are repealed. A Bill read where in Cases requires Strypes, and they r x not men- tioned,, that they shall not Exceed' One and twenty Strypes. A Bill was read, that it should be Left to y" Gov' and Prov" Coun- cill to discourse w"" y* Indians concerning an agreem' w"" them about letting them have Rum. The Gov' put y" Quest: All That are of Opinion that y" foregoeing Bills should pass, say Yee ; Past in y'^ Affirmative. A Bill was read Concerning Strong & Small Beer, mixt or unmixt,. Bottled or not Bottled. The Quest, being put, past in y*" Affirmative. A Bill read Concerning registring of Freemen and Serv'', being put to y" Quest; past in y*" Affirmative. A Bill read against Bargains made when People are in Drinke ;. y" Question being put, past in y' Affirmative. A Bill read Concerning Marriage, w* amendm'' &. additions : put to y* Quest., was past in y" Affirmative. A Bill read Concerning Arests, Speciall Courts, and arresting any psons in any County where he shall be found: Quest: being put,, past in y'' Affirmative. A Bill was read Concerning causes to be Tryed by y^ County Sessions : Quest : being put, was past in Affirmative. A Bill was read for Three appraisers, to be chose by the County Court upon Severall occasions, and y^ Goods not to be sould under scaven dayes after appraism', and that they shall be publicly sould : Quest : being put, past in y'^ Affirmative. A Bill read to Suppres Ordinary Keepers : Quest : put ; past in Affirma. A Bill read Impowring the Justices of Each County Court to set y= Wages of Workmen & Serv'', w"' a Penalty : Quest: put ; past in Affirma.. 44 MINUTES OF THE A Bill read for hemp & flax, Linnen & Wool, on Cloth. Linnen & Woollen Cloth to have a price set upon it by y' County Court, y" hempt at d^ the pound, and y^ flax at 8^ p pound : Quest : put; past in y'' Aflirraa. A Bill read for Every man That is three years Seated to Sow a Bushell of Barley : Quest : put. Past in the Aflirmative. A Bill for a Prov" Court, Consisting of five Judges, to goe two Cirquits Yearly. Quest: put; past in the Affirmative. A Bill read for y^ Conclusion of y" Laws. Quest put; past in Af- firma. A Bill read that noe Person depart this Province if arrested, till Bail be given. Quest : put ; past in y" Affirmative. The Gov'' desired to have y" Councill always w'^ him, w'''' is nine. The Gov'' also desired that a Bill may be drawn up that this Towne of Philadelphia might Chose One more Councellor, Bucks One, d: Chester One; Otherwise that y' Councill must be Constant, Or make a Bill to allow the Gov"" to Chuse him a Councill upon all oc- casions, it being also a great Kindness to y" Countrey. A Bill also to be drawn to Enlarge y'' Councill; that is, to double the number in the Town & County of Philadelphia, made soe as ac- cording to Letters Pattents. Put to y^ Quest; past in y'' Affirmative. Tho : Lloyd appoynted to Draw the BilL Adjourned to y^ 27* 1=' Mo., 84. At a Councill held at Philadelphia y^ 27* 1" Mo., 1684. PRESENT : Wm. PENN, Prop"^ and Gov\ Tho: Holmes, Chr:Taylour, Jno. Cann, Wm. Clark, Luke Watson, Tho: Janney, Jno. Symcock, Jam. Harrison, Wm. Wood, Wm. Welch, Wm. Clayton, Tho : Lloyd. Wm. Welch proposed a Bill to be drawn to defray the Gov"^ Table, Put to y' Question: All that are of Opinion that y^ Charges of y = Governm' shall be defrayed by y' People of y' Governm' say yee. Past in the Affirmative. ADJOURNED INTO A COMITTEE. Tho. Lloyd, Chairman. Proposed whether the Law w'* was made for y* raising of a Tax should be Continued, or the Method of it for Import or Export. Put to the Vote, & past in the Affirmative. And whether y'= s"* Customs shall be a part of y' Money raised to- wards the Suporting y" Governm'. Past in y Affirmative. Ordered That a Pole Proportionably Layd, be debated y* first thing to morrow, for defraying the rest of y° Charges of y* Governm'. Adjourned till y' 28"* 1* Mo., 84. PROVINCIAL COUNCIL. 45 At a Councill held at Philadclijliia y^ 28'" 1^' Mo., 1684, present: Wm. PENN, Proi/ and Gov^ Wm. Welch, Tho : Holmes. James Harrison, Luke Watson, Wm. Clark, John Symcock, Wm. Clayton, ' Chr: Taylor, Wm. Wood, Jno. Cann, Tho. Lloyd, Tho: Janney. Wm. Welch Ordered to bring a Bill for the raising of a Tax f()r the Support of y" Clovernm', and returne it to this board. Tho: Lloyd makes a report to y° Gov"^ Councill, that y" Comittee w'"' he was of had finished that w"'' they were about, and intend to bring in a Bill to n-orrow Morning; also, they have agreed that Tho. Lloyd should draw up the remainder of y" Bills and make a returne thereof. A Bill was read Concerning Three Members to be Chose for v" Councill, & Six for the Assembly, for y" Citty of Philadelphia. Question put; past in y" Affirmative. Sam" Carpenter's Judgm' towards rayseingofa Tax upon Liquors, Viz*: upon Brandy 12'^ y' Gall; Beer, Ale, Mum, Spanish VV'ine, 5'^ p. Gall; Medera, Each Pipe 50s; french Wine 4L. p. Tunn, & Give him this way lOOOL. by way of Customs upon goods, is his best ad- vise. The Gov' put y" Quest: all that are of Opinion that Customs shall be put upon Licjuors, and that all Rum, Brandy, Wines, & all sorts of strong Liquors & Spirits under y'' same head, Imported, shall pay 12d. p Gall, say Yee. Past in Affirmative. All that are of Opinion that all Strong beer & Cyder shall pay 2^ p. Gall, Imported, say yee. Past in Affirmative. All that are of Ophiion that for not due Entry, that y'^ Law for Ab- rogateing of y" Law shall make all the Goods a forfeiture, say yee. Past in the Affirmative.- Adjourned till y" 29'" 1'' Mo., 84. At a Council held at Philadelphia y= 29'" of y= 1'' Mo., 16S4. present: Wm. PENN, Prop"^ and Gov''. Wm. Welch, Luke Watson, Wm. Clark. Jno. Cann, Jno. Symcock, Tho. Lloyd, Tho. Janney, Chr. Taylor, Ja. Plarrison, Tho: Holmes, Wm. Wood, Wm. Clayton, A Bill was read Concerning Members to be Chosen for y^ Citty of Pliiladelphia ; read a Second reading. A Bill read that Councellors neglecting their duty, that Others may he Chose to servo in their roome. Read a first reading. 46 MINUTES OF THE Ordered that y' Bill of Customs be read on y^ second day next ; referred to \Vm. Welch to draw up. Adjourned till 31* T' Mo., 84. At a ('ouncill held at Philadelphia The 31'" day of y' 1" month, 1684. PRESENT : Wm. PENN, Prop" and Gov^ Wm. Welch, Jno. Cann, Jam: Harrison, Wm. Clayton, Luke Watson, Tho. Janney, Wm. Clark, Chr : Taylor, Tho. Holmes, Tho. Lloyd. Wm. Welch Brought in y^ Bill of Custom ,• which was read a first reading. Ordered a Second reading this night. A Bill read Concerning Bargains made in Drinke. Read a Second reading. A Bill Concerning Steeling Cattle, good, or Rayment, Ordered to be drawn by Tho. Lloyd. A Bill read Concerning Exportation of deer Skinns ; read a Second reading. Ordered that y' Last reading of the Bill of Customs be read to- morrow morning. The Petition of Sam" Hersent was read. Concerning y' finishing of y* Prison. He is referred to y'^ Justices of y' County Court. A Bill Concerning Steeling of Cattle read a first reading; past in the Affirmative. A Bill was drawn Concei'ning Our Governm' Joyning w"" West. Jarsey, for all Warrants to apprehend all Persons by Law punisiia- ble. Ordered to be read to-morrow morning. Tho. Lloyd & Wm. Welch Ordered to draw two Bills into One, Concerning the Preservation of y° Prop" & Gov'', & his houshold . Adjourned till V 2^ Mo., 84. At a Councill held at Philadelphia y' 1^' of y^ 2^ Mo,, S4. present: Wm. PENN, Pi-op" and Gov^ Wm. Welch, Tho. Lloyd, Wm. Clayton, Tho: Holmes, Chr: Taylor, Wm. Wood, Jno. Cann, Jam: Harrison,. Wm. Clarke, Lu: Watson, Tho. Janney, Jno. Symcock, Charles Pickerin being Sent for before this Board, Declares he heard most of y' People of y^ County of Kent's Passages, and read the PROVINCIAL COUNCIL. 47 Answers which they gave to Baltemore People : Also, he Suspect most of them are resolved to revalt, because Gov'' Penn hath broken his Promise, by not Entring and Clearing y'^ Vessells at New Castle: Also, if they doe it, Baltemore will Stand by them. Jno. Richai'dson, Tho. Heather & Tho. Wilson, made a Complaini against this Governm', & made their address to y" L*^ Baltemore, that they were Taxt to much ; he Thinks francis Whitwell and Jno. Hil- liard are psuaded to the rest. Jno. Richardson's Land was sued for in Maryland. The Bill Concerning the Union between us and West Jarsey, to have Liberty to psecute Otfenders in y'' s'* West Jarsey, was read and Left to a Treaty with Them. A Bill to Prosecute Persons That put Water into Rum, &c., was read, & past v^ first reading in y' Affirmative. A Bill read Concerning Persons Chose to serve in Prov" Council!, y' if they doc not serve in their Stations, or Persons of 111 fame, to be fined forty Shillings a day. Read a Last reading; past Nemine Contradicente. The Preamble read, w"* The additional! Laws. Three Bills read a Last reading and past Unanimously. A Bill read Concerning y^ Price of all Beer ; past the Last reading Unanimously. A Bill of Registrey read a Last reading and Past Unanimously. A Bill about Drunken Bargains being made Voyd, past y" Last reading Unanimously. A Bill about Steeling Liveing or dead goods past a Last reading Unanimously. A Bill about Marriage past a Last reading Unanimously. A Bill about arests, by proveing his debt and takeing him in any County, and Concerning Members of Prov" Council! and Assembly not to be arested before such time allowed them ; Past a Last read- ing Unanimously. A Bill that all fines & Taxes to be Assessed by distress of goods ; also, the Court to Set Workmen's Wages ; Past a Last reading Unanimously. A Bill tliat flax, hempt, Linnen & Woolen Cloth, of y^ Produce of this Countrey, to goc as Currant pay ; Past a Last reading Unani- )nously. A Bill for sowing Barley past a Last Reading Unanimously. A Bill that Every Court of Justice shall be a Court of Equity as well as Law; also, a Prov" Court for Quarter Sessions; past a Last reading Unanimously. Put to y" Question : All that are of Opinion that there shall be a Prov" Court, Consisting of five Judges, to Try all Criminalls & Titles of Land, and to be a Court of Equity, to deside all Differences upon appeals from the County Courts, say yee. Past in y' Affirm: Ne- mine Contradicente. A Bill to Establish Apraisers in Each County, Past a Last reading Unanimously. A Bill about Ordinary Keepers die, past a Last reading Unani- mously. 48 MINUTES OF THE A Bill about Deer Skins not to be Exported till first put to Sale ; Past a Last Reading Unanimously. A Bill for y" Continuance of y" Laws : past a last reading Unani- mously. A Bill of Customs read a Last reading ; past Unanimously. A Bill tor the Preservation of y'^ Gov" Person ; past a last reading Unanimously. Ordered that the seeing to the Bills fairly to be transcribed and Ex- amined by the Originalls, be referred to Tho: Lloyd, Wm. Welch, Tho: Holmes, and Wm. Clark. The same Comitteeto draw up Or- ders for this board for preparing, proposing & Resolving, against their next Meeting. Put to y" Question: all that are of Opinion that y*" Genall Assem- bly shall meet at New Castle for this time, say yee; past in the Affir- mative. Adjourned till y^ 2" 2' Mo., 1684. At a Councill held at Philadelphia The 2^ of y^ 2'' month, 1684. peesent: Wm. PENN, Prop"-- and Gov'. Wm. Welch, Jno. Symcock, Tho. Janney, Tho: Holmes, AVm. Wood, Wm. Clayton, Jam. Harrison, Jno. Cann, Tho: Lloyd, Wm. Clarke, Luke Watson, Chr: Taylor. A Bill Concerning Lands, Corne, beef. Pork, Tabacco, Hides, &zc. to goe for Currant pay; past Nemine Contradicente. Ordered that there be an exact Ace' Kept of the members of Prov" Councill, that yearly goe of and Yearly are Chosen to serve there in. Ques' put: all that are of opinion that halfeofan Intestate's Estate shall goe to y^ Wife, say yee. Past in y" Affirmative, that she shall have no more. All that arc for having Intestate's Estates devided Equally, provi- ded the Eldest Sonn shall have halfe of y'' reall and Personail Estate, and y^ rest to be devided Equally amongst the rest of the Children, say yee : past in Affirmative. A Bill to Limitt the Disposall of Estates read a Last reading : Past in the Affirmative. Ordered that James Harrison, Wm. Welch, Jno. Symcock and Jno. Cann, goe to Kent County w"" a boat and good attendance, to know what the reasons is that francis Whitwell, Jno. Hilliard & Jno. Richardson, doe not Come up to Councill to give their attendance. A Commission Ordered to be drawn from this Board, under the Gov" hand aiKl Seale, he haveing heard of some Misdemeanors in Kent County, to Impower Wm. Welch, &c. You of this Board that are of Opinion that y' Gov' shall draw up PROVLNCIAL COUNCIL. 49 a Comissiou in behalfe of himself and this board, and also draw up Instructions in Order to the same, say yee : past Nemine Con- tradicentc. Adjourned till y^ 3^ 2' Uo., 84. At a Councill held at Philadelphia The 3^ day of y''2'' Mo., 1684. PRESENT : \Vm. PENN, Prop°^ and Gov^ Tho: Holmes, John Cann, Wm. Wood, Jam: Harrison, Wm. Welch, John Symcock, Tho: Janney, Tho: Lloyd, Luke Watson. Wm: Clayton, Chris: Taylor, The Comission w"' Instructions for Wm. Welch, &cc. was read by the Gov'' for them to Act after. Wm. Clayton, Wm. Wood, Chr. Taylor, Tho. Holmes & Tho. Lloyd, Ordered to Stay with & attend y^ Gov^ AH that are of Oppniion that y'' Gov' shall appoint some distinction for the Councellors, say yea: past Nemine Contradicente. It is Left to y" Gov'' in a Small Councill, to send Agents to York Concerning y^ Publick affairs of this Province; and also to acquaint Jhe Gov' of York of the abuse of the L'^ Baltemore's Agents. Adjourned till y-^ 7'" 2' Mo., 84. At a Councill held at Philadelphia y' 7* of y^ 2" Mo., 1684. present: Wm. PENN, Prop"' and Gov'. Chr: Taylor, Jno. Hilliard, fran : Whitwell, Jam. Harrison, Wm. Clark, Tho. Holmes, Jno. Symcock, Wm. Clayton, Tho. Lloyd, Luke Watson. The Gov' desired to know what is best to doe, they haveing heard Wm. Welch & Abra.Mans' Letters. Francis Whitwell Informcs y' Councill that y^ Lord Baltemorc\s Comiss' Murfey, was at Wm. Darvall's, Jno. Richardson's, Jno. Brigg's, Tho. Heather's houses ; also, Jno. Hilliard Saith he heard the same. Ordered that the Clarke take it under franc. Whitwcll's & Jno. Hilliard's hand, that the Gov' of New York Ordered them to Stand to the Duke's Intrest. The Question was put whether any One should be sent to the Lord Baltemore, to acquaint him of the Coll. Talbot's Unmill. Actions ; ulso, of Marfey's, in the Lower Countyes : past in y^ affirm. 5 50 MINUTES OF THE Resolved, that orders be sent to Wm. Welch for the Removal! of the forceable Entrey of the L^ Baltemore, and to Prosecute the Persons Legally ; also, to have some things Coppied Out of y^ Duke's Laws, and sent hnTi. Ordered that some Persons goe to y^ Lower Countyes to Settle y*^ minds of y'' people. Question was put : all that are of Opinion that they w"* goe downe to Assist Wm. Welch, shall take a Coppy with them of Gov' Penn's Answer to y" Lord Baltemorc's Demand, and that One or two more goe along with them that Live there. Past Nomine Contrad. Jno. Hilliard also declared he heard Wm. Darvall forbid the People to pay Taxes to Gov'' Penn. Ordered, that noe One goe to the Lord Baltemore till such time as y^ members of this County, with the memb'^ of y" Lower Countyes. have been to Inspect the Transactions of the Lord Baltemore There. Adjourned till y^ 8* 2'^ Mo., 84. At a Councill held at Philadelphia y^ 8* of y"^ 2' Mo., 1684. PRESENT : Wm. PENN, Prop"' and Gov^ Tho. Lloyd, Jam. Harrison, fran. Whitwell, Wm. Clayton, Jno. Symcock, Jno. Hilliard, Wm. Clark, Luke Watson, Wm. Woods. Question was put by y'' Gov"' whether Talbot should, as a Quiet Traviller, pass the Contrey, or be Taken hold of for his Actions ac New Castle. Ordered, that a Proclamation be Issued out to apprehend those who made Violation into this Contrey, as y° Gov' shall see ocasion. Adjourned till y^ 10"= 3^ Mo. 84. At a Generall Assembly held at New Castle, for the Province of Pennsilvania & Territories thereunto Belonging, The 10"' day of the Third month, 1684. present: Wm. penn. Prop"' and Gov'. Tho. Lloyd, Tho. Holmes, Tho. Janney, Jno. Symcock, Wm. Welch, Wm, Clayton, Chris. Taylor, Ja: Harrison, Jno. Cann, Wm. Southersby, Jno. Hilliard, Wm. Wood. Adjourned to y^ Assembly for halfe an hour, and then returns: againe. PROVINCIAL COUNCIL. 51 These Returnes were brought by y'' respective Sherrifs this day. Viz': Philadelphia, Chester, New Castle, Kent and Sussex. The Gov"' Informes the Councill that he had Called the Indians together, and proposed to them to Let them have rum if they would be Contented to be punished as y^ English were ; which they did agree to, provided that y" Law of not Selling them Rum be abolished. The Assembly attended this board & presented a Speaker, which was Nicholas Moore, & Adjourned till the Afternoone. POST MERIDIEM. The Gov' Ordered the two Comiss" that went to York to give an acco' of y*" aflair they went theither about, w** accordingly they did. The Clark of y'= Councill was sent with a Coppy of y'^ Bills and a Coppy of y'' Charter, to the Assembly. Adjourned till y^ 12* 3^ Mo., 84. At a Councill held at New-Castle y^ 12"' of y^^ 3' Mo., 1684. PRESENT : Wm. PENN, Prop"' and Gov'. V^m. Welch, Edw' Southrin, Wm. Wood, ffran : Whitwell, Tho: Lloyd, Jno. Symcock, Luke Watson, Jno. Hilliard, Tho : Janney, Wm. Southersby, Wm. Clayton, Tho. Holmes, Christ. Taylor, Edm*^ Cantwell, Jno. Cann, Wm. Haigue, Jam: Harrison, W^m. Clark. Wm. Welch desired that a Comittee may be appointed to meet any of y* Assembly men to Informe Concerning the Laws and to receive proposalls from y'' Assembly, in relation to the Bills already prepared. A Committee was appointed. Viz': Tho. Lloyd. Wm. Welch, Jam : Harrison, Jno. Cann, Tho : Holmes. Ordered that a Bill be drawn to amend the Law Concerning Regis- trey. Also, that a Proclamation be Issued Out to give a Longer time to Record their Pattents. Ordered that y" Clark acquaint the Assembly that a Comittee is appointed by the Gov' & Councill, to receive any amendm" or Altera- tions in the Publisht Bills, according to Charter. Adjourned till y" AfFternoone. POST MERIDIEM. The Petition of Evert Hendricks read. Ordered, that he be refer- red to y° County Court of New Castle. The Petition of Mathias Mathiason read ; he is referred to y" Coun- ty Court of New Castle. Alse Williams' Petition read. She is advised to make the Business up between themselves ; Other ways to have it Tryed by the County Court. Adjourned till y*^ 13'" 3^ Mo., 84. 52 MINUTES OF THE At a Councill held at New Castle The 13'" day of The Third Mo., 1G84. PKESENT : Wm. PENN, Prop°^ and Gov^ Chr. Taylor, Wm. Southersby, John Symcock, Tho. Lloyd, Wm. Clayton, Luke Watson, .fno.Cann, Tho: Holmes, Wm. Wood, Jam: Harrison, Tho: Janney, ffran. ^Vhitwell, Edm' Cantwell, Wm. Welch, Andrew Johnson, ?'., } Hance Peterson, Def. 3 There being a DifTerence depending between them, the Gov'' & Councill advised them to shake hands, and to forgive One another; and Ordered that they should Enter in Bonds for fifty pounds apiece, for their good abearance; w'"' accordingly they did. It was also Or- dered that the Records of Court Concerning that Business should l)e ])urnt. Peter Bawcum makeing Complaint for his fees. Ordered That Phil: Lemane Write a Letter to y" Justices of the Peace of Kent County, to see that Peter Bawcum have his Just fees due to him. Ordered that Tho. Lloyd, Chr: Taylor, Jno. Symcock, Luke Wat- son, Edm"* Cantwell, fran. Whitwell attend y^ Gov' the Ensueing month, from the Riseingof the Genall Assembly. Ordered That Wm, Welch, Tho : Holmes, James Harrison, Wm. Wood, Wm. Clark & Wm. Southersby, attend the Gov'' the Second month atller the Riseing of y" Genall Assembly. Ordered That Tho: Janney, Jno. Cann, Wm. Haigue, Wm. Clay- ton, Edw" Southrin & Jno. Hilliard, attend y' Gov' y"^' 3" Month after y'^ rising of the Gnall Assembly. Peter Bawcum declareth tiiat Wm. Darvall denycd him a Warr' to seize Murfey, the Lord Baltemore's Agent. Adjourned till y'' 14* 3" Mo., 84. At a Councill held at New Castle The 14"- of y'' 3'' month, 1684. PRESENT : Wm. PENN, Prop"^ and Gov\ Chris: Taylor, Jno. Canu, Tho: Lloyd, fran. Whitwell. Tho: Janney, Wm. Wood, Jno. Symcock, Wm. Welch, Wm. Southersby, Edm'' Cantwell, Wm. Clayton, Jam; Harrison, Tho: Holmes, Luke Watson, The Sense of y'' Gov'' is, that y" Assembly ought to have their full time of Eight day to peruse the Bills to be past into Laws Observed. Quest : Whetlier the Sessions of y" Genall Assembly may be de- termined within nine days, without -Violation of Charter; also, whether PROVINCIAL COUNCIL. 53 the Gov'' and Councill can dismiss the Gnall Assembly before the Tcrmc of Eight days, they haveing dispatcht the Buisness proposed to them by y° Gov' & Councill provided they desire it; past in the Afiirmative. • Adjourned till Afternoone. rOST MERIDIEM. Wm. Clark Sent a Letter to y^ Gov' and Councill, which was at- tested by severall of y^ Councill &. Assembly, of his Ilness ; where- upon he was Excused. Question was put, whether y'' Memb" absent should be fined five Shilling a Day for not appearing now in Councill, and also at y^ Pre- paring of y" Bills, Say yee : Past in y" Affirmative. All that are of Opinion that they shall pay it without remission, Except they can give a good reason to y" Contrary, Say yee ; past in the Affirmative. Quest : put, whether the Shcrriff Shall not be writ to for to Levie the Goods &. Chatles of y^ members Absent for y* paying y' five Shillings a day for their Neglect, Say yee ; past in the Affirmative. Adjourned till y"= IS"- 3'' Mo., 84. At a Councill held at New Castle the 15* of the S"* month, 1684. PRESENT : Wm. PENN, Prop" and Gov'. Wm. Welch, Wm. Southersby, Luke Watson, Tho: Holmes, Tho : Janney, Chris: Taylor, Tho: Lloyd, Jno. Cann, Jam: Harrison, Edm'' Cantwell, Wm. Wood, Wm. Clayton. Jno. Symcock, Two Members of y° Assembly were sent to the Councill to know if the Comitteeof the Councill were ready to receive their proposalls : they were answerd they had been ready Ever since Eight in y' Morn- ing. Adjourned for two hours into a Comittee before appointed. Agreed by the Assembly That a Coppy of their amendm' be lefl w"' y"^ Clark of y^ Councill ; also, they desire the Laws to Runn the Gov' & Prov" Councill. The Comittee Informes the Assembly that the Gov' hath Power in the Charter to Chuse Judges Dureing his Life. Quest : by the Assembly, whether all Laws Constituted to hold from a Ccrtaine Time can bo without y" Consent of the Assembly. Quest; whether in y' Bill for y'= Preservation of y= Gov'' Person, Compass or Endeavour be not Sufficient, and Imagine, Intend or De- Tiso; and likewise to Continue these Words, Writeing, Printeing, or 5* 54 MINUTES OF THE Actino-, Only Speaking to be obmitted; and that two or more VVf^ nesses should be to the Conviction of a Person to one and the same Act ; The Word Otherwise to bereft Out. The Assembly agree to the Word Maintaining of the Cover' Insteed of Imposition; also, to ad to y' same bill, not being of the Naturall groath of the Province, nor any part thereof nor is nor arc Exported from other Parts. The Words Imported into any Parts to be raced Out, and that noo One shall goe on board to Rumage the Shipps before the goods are de- livered on Shore. The fifth Parragraph to runn after their amendm'", y" Word Proprie"' to be put out of y'^ Bill of Excise, and Wm. Penn put in. Breaking open doors to be raced Out, and by due course of Law to be put in. In the Seaventh Paragraph d: 7"* Line thereof, to be them as in their Amendm'' ; the 10 Line al.j to be Altered; the 9* Paragraph; the 8 Line to be raced Out. Adjourned till Afternoone. POST MERIDIEM. Jos. Growdon and Jno. W hite came from the Assembly w"" some Proposalls for amendm*^, Viz* : Quest. Put, whether the Bill to have five Prov" Judges Chose by y' Govern' & Prov" Council) to Sta'nd as formerly it did, say yee; past in y" Affirmative. Abram May and ffrancis fl^ncher Came from y" Assembly, desirc- ing other Amcndm^ Quest, put, all that arc for having the Word Excise insteed of Im- ])Osition, say yee; past in Afiirmative. All that are for haveing the Tax upon Rum and other Liquors to goe by the name of Publick Aid, Say yee: past in Affirmative. Ordered that four of y^ Members of this board acquaint the As- sembly of their Breach of Priviledge, and that they send their amendm'' in short, and reprove henry Stretcher for being dis Ordered in Drink. Adjourned till y^ 16* 3^ Mo., 1684. At a Councill held at New Castle y« 16* of y'= 3^ Mo., 1684. PRESENT : Wm. penn, Prop"' and Gov"'. Wm. Welch, Jno. Cann, Tho. Janney, J;j. Harrison, W^m. Wood, Tho: Holmes, Wm. Clayton, Ch. Taylor, Luke Watson, Edm"* Cant well, Wm. Southersby, Jno. Symcock. Tho: Lloyd, PROVINCIAL COUNCIL. 55 The Gov"" Entred into a Conferrance w"' y' Assembly, and thev accepted of Objections of the Gov' and Councill upon Amending their proposalls. Adjourned till Aff'ternoono. POST 3IERIDIE:5r. Irancis Whitvvell was sent for by the Messinger of the Council], to appear and give reasons why he was absent two days ; he sends word lie is not able to Come; Whereupon he is Excused. Quest, put: all that are of Opinion that the Bill of Excise shall be drawn, Say yee: Past in AtBrmative. All that are of Opinion that a Bill shall be drawn, w"" y* Proposalls of Amendm" put in, Say yee : Past in the Affirmative. And that the Act to be Called publick Aid, by way of Defraying the Publick Charge of y" GovernnV, to be pay"" to the Collecf by a ^V arrant from the Gov"^ and Councill, say yee: Past in the Affirma- tive. All that are of Opinion, that Wm. Welch should draw the Bill, say yee, to be brought in to morrow morning: Past in the Affirmative. The Speaker of the Assembly, w"' Jos : Growdon and Jno. White, Members thereof, attended this board w"* y*" proposall of Amendm" more at Large, their Clarke having made a mistake before. The Gov"" Informed the Councill, that barman & Moll had Each of them two or three Pattents from Baltemore. The Proposes to make an address from the Body of y^ Governm' to the King & Duke, Concerning Allarms & Building forts, to the Amazem' of the People. And also his giving away the Souldiers' Lands, who Took the Place. ffi^-ancis fincher & Jos. Gowdon were Sent to be Informed Concern- ing repealing the Old Laws. Adjourned till y= 17'" 3^ Mo.. 84. At a Councill held at New Castle y^ 17"> 3^ Mo., 1684. PRESENT : Wji. PENN, Prop"' and Gov\ Tho. Lloyd, Chr: Taylor, Wm. Wood, Tho. Holmes, Jno. Cann, Jno. Symcock, Edm'' Cantwell, W^m. Clayton, Luke Watson, Tho. Janney, Ja : Harrison, Wm. Southersby. John Songhurst and Jno. Hart declare they heard the Speaker say that the Proposed Laws Were Cursed Laws. Jos. Growdon & ffran. ffincher, also were present at Jno. White's when the Laws were read Over, and he said hang it, Damn them all. Ordered that Wm. \Velch & Tho. Lloyd goc to the Assembly to 56 MINUTES OF THE lett them know that they have been soe long un-Dispacht of the Buis- ness proposed, that the Gov' Takes it very ill. Edm'' Bennet Sent from y'^ Assembly to desire a Conferance with the Comittee of y" Councill. Wm. Welch Brought in the Bill of Publick Aid w"" Amendm*. Adjourned till Afternoone. POST MERIDIEM. The Gov'' & Councill Adjourned to the Assembly. The Assembly desire to know whether they have not Liberty to dis- allow of the old Laws if they think fit, Viz' : 15. Law prohibiting Rum to the Indians. 44. Registring Bills & Bonds, &c. 85, fidelity to Wm Penn ; Else to forfeit their Lands. 115. In not promiscing Obedience to the Laws. Also, the Law for not Killing Cow Calves & Ewe Lambs. The Councill Adjourned to Wm. Welch his house. The Speaker, Jno. Songhurst and Jno. White, Came from the As- sembly, desireing One Amendm' in y" Bill of Public Aid, to Witt : to have all Rum made of MoUosscs put in it : being put to the Quest., was past in the Affirmative. All that are of Opinion that y" Gov'' should make this answer, that he intends to forgive the Offence of Killing Ewe Lambs, say yee : past in Affirmative. Registring of Bills & Bonds, &c., being a fundamental!, cannot be lett drop. The Law of Selling rum fall of it selfe. The Law of forfeiting Estates upon Disobedience to y° Laws being but y' Taile of a Law, it cannot be amended : not Lett fall. Which Answers was given to the Speaker, francis flfincher, Jno. Hart, John Blumston & Jno. Otter, to Informe the Assembly. Put to y' Quest, whether Wm. Welch should not draw up thePro- Yisor in the Bill of Public Aid, say yee: Past in Affirmative. All that arc of opinion that registring of families shall goe at three pence Each head, say yee: Past in Affirmative; this I was sent with to y° Assembly. Jno. Bellaing's Petition read Concerning y' appraisem' of y' Co- miss"^ upon the Estate that was Luke Watson. Adjourned till y^ 19* 3^ Mo., 84. At a Councill held at New Castle The 19'" of y° 3^ Mo., 1684. PRESENT : Wm. PENN, Prop" and Gov^ Tho. Lloyd, .la. Harrison, Jno. Cann, Wm. Welch, Tho. Janney, Edm" Cantwell, Tho. Holmes, Wm. Clayton, Wm. Wood, Chr. Taylor, Wm. Southersby, John Symcock, Luke Watson. PROVINCIAL COUNCIL. 57 The Gov' & Prov" Councill have added Wm. Welch to the num- ber ofy" Comittcc to Settle the regulation of y° Revenue. This day y*" Prov" Councill & Assembly met, and the Bills were read Over and the Motives and reasons Layd open by y" Gov", and soe Past in to Laws. Adjourned till y 22'^ 3' Mo., 84. At a Councill held at New Castle The 22"- of y'= 3^ Mo., 1684. present: Wm. PENN, Prop"' & Gov'. Wm. Welch, Ja. Harrison, Tho. Janney, Tho. Holmes, Wm. Clayton, Luke Watson. Moved that a Comittec be appointed to Inspect the Journall of the Last Sessions of y" Prov" Councill & Genall Assembly. Wni. Welch, Tho. Lloyd & Tho. Holmes, were the Men appointed : also, to Inspect both former & Latter Laws. Ordered that y' Coppys Transmitted to Each County be Exact. It being moved in (Councill where the Charter of Liberty were to be Kept and if to be Exemplified to y° respective Countyes, being put to y^ Question. It was agreed that the Originall should Lie in the hands of the Master of the Roles, for y" time being, and that a Coppy thereof be Exemplified to Each respective County, under the Great Scale, One l)eing first finish for the Gov" Proper Ace'. In Persuance of an Order of a full ProV Councill & Assembly. Memorcndum, Viz' : The Words hath granted unto me the said Wm. Penn, my heirs and Assigns, interlined between y" fifth & sixth Line of y" first Skin of this Charter, and the words twentieth in the fourteenth Line of y' Second Skin, Changed to the word tenth, as now it is, was thus amend- ed by y" Consent of y^ Gov''& Prov" Councill & A ssembly at NewCastle, Melt y' K'l day of y" 3'^ mo., 1684, as being only defects of Clark- ship in the Transcribing, as apcars by y" Act of union & Settlement. This was done in the Presents of the Members above Mentioned. It was moved that Sam" Carpenter Should be sent for, to be dis- coursed withall about farming the Excise, but he declined it. Ad- journed till the Afternoone. POST MERIDIEM. Tho Receiver of y* Publick Aid or Deputy Treasurer, to have 501b. yearly duering the Treasurer Absence. One Inferior receiver in Every County, who shall receive direc- tions from y® Deputy Treasurer, who shall receive Instructions from y* Gov' and Councill; who Shall not be allowed above 201b. p. year. Ordered that Bcnja. Chambers or Sam" Hersent, be for Philadcl- 58 MINUTES OF THE phia; Wm. Biles, for Bucks; Tho. Usher for Chester; Sam" Land for New Castle; Richard Mirchell for Kent; a man to be nominated by two or three of the magistrates, for Sussex. Ordered that a blanke Comission be sent downe. Adjourned till y^ 29"' 3^ Mo., 84. At a Councill held at Philadelphia The 29"' of y' S' Mo., 1684. PRESENT : Wm. PENN, Prop"^ and Gov'. Wm. Welch, Tho. Lloyd, Tho. Holmes, Wm. Clayton, Luke "Watson. The Gov'' put y*" Question : All that are for the receiver of the Publick x\id, Called Comissioner, duering y'' absence of the Trea- surer, say yee : past. Question: Whether Wm. Welch should be the person: Past in Affirmative. His Comission was read and approved off. Ordered that y'' Comiss'' give Comissions to under Officers. The Comissions and Attestations were read and Liked of: also, the forme of the Bond the under Officers are to give and their Instructions, were read & Liked off. Ordered that the Comiss'' give other Instructions to the Inferior officer for the Improveing the said Act according to Law. Ordered that Wm. Welch have a Gen'' Comission of y^ Peace for the Province dz; Territories, and also the under Officers to have Co* iTiissions to Clear all Ships. The Gov"" Proposeth to send a Proclamation along with the Law of Publick Aid ; which was w ^ One Consent agreed upon. The Gov"" and Councill Ordered that these Persons following at- tend the Councill y' 30'^ Ins' by 7 in the Morning: Jno. Day, Jno- Songhurst, Tho : Winn, Tho: Hooton, Sam" Carpenter, Jno. Jones, James Claypoole, Jno. Test, Patrick Robinson. Adjourned till y'' 30"' 3^ Mo., 84. At a Councill held at Philadelphia y' 30'" 2' Mo., 1684. present: Wm. PENN, Prop"^ and Gov^ Wm. Welch, Tho: Lloyd, Wm. Clayton. Tho: Holmes, Luke Watson, The Persons Ordered to Attend the Councill Came Accordingly, and were discoursed Concerning the Bill of Publick Aid, and Consid- ering the whole matter. Pat. Robinson, Jame Claypoole, John Song- PROVINCIAL COUNCIL. 59 hurst, Sam" Carpenter, Tho: Winn, and Jno. Jones, were nominated to be persons to gett in the moneys arising by the same : Who, if they accept of it, they shall not only be made savers if they give in a Just account, but Gaynours. They are to give in an ace' hereof at 6 a Clock to night. Adjourned till 6 in the Evening. POST MERIDIEM. The Persons returne with this Answer: Sam" Carpenter Offers, and all of them are willing that a Survey may be made upon their goods, and think they shall raise three hun- dred Pounds or more amongst friends that may answer the thing In- tended; also, that they will give an ace' thereof, and get the Inscrip- tions to be in Lew of the Other Ingagem". Adjourned till y^ 31"' 3' Mo., 84. At a Councill held at Philadelphia y' 31* of the 3'^ month, 1684. PRESENT : Wm. PENN, Prop^ and Gov^ Tho: Holmes, Tho: Lloyd, Wm. Clayton. Wm. Welch, Luke Watson, The Persons before Mentioned Concerning the bill of Publick Aid, now being come w* their proposalls Concerning the same. The Gov'' & Councill Ordered the reading of them, and give this Answer : [No answer given. — Ed.] Adjourned till y^ 3^ of y-^ 4"' Mo., 84. At a Councill held at Philadelphia The 3'' 4* Mo., 1684. present: Wm. PENN, Prop"^ and Gov\ Tho : Lloyd, Wm. Welch, Luke Watson. Tho: Holmes, Samuel Lands' Letter was read. Concerning Coll. Geo : Talbot's gocing w'" three Musqueters to y' houses of Widdow Ogle, Jonas Er- skin & Andreis Tille, and tould them that if they would not forthwith yield Obedience to y' Lord Baltemore, & Own him to be their Prop^S and pay rent to him, he would Turne them out of their houses and take their Land from them. Tho: Holmes, Wm. Welch, Tho: Lloyd, apointed to be a Comit- tee to Looke into the Actions of y'^ Lord Baltemore, and to draw up a Declaration to hinder his Illegall proceedings. 60 MINUTES OF THE The Petition of Wm. Darvall, Concerning a Bastard Child was read, and referred to y' same Comittee. Another Petition of Wm. Darvall's, Concerning his Disloyalty to y' Gov', in Denying to pay his rent, and advising Others the same; Also, Concerning the Gov" Letter, and denying to grant a VV'arr' to apprehend men coming out of Maryland, all w'* is referred to y' same Comittee. Adjourned till y' 4'" 4'" Mo., 84. At a Councill held at Philadelphia, y' 4"'of y' 4'" month, 1684. PRESENT : W>i. PENN, Prop" and Gov'. Wm. Welch, Tho ; Holmes, Wm. Clayton. Tho: Lloyd, Luke Watson, Wm. Darvall withdrew his Petitions, & therefore the Comittee made there returne. Thus : That he having soe done, they would Let the Buisness fall. The Gov' was pleased to bring in a Declaration to quell the Peo- ple of Maryland. Adjourned till y' 11* 4"> Mo., 1684. At a Councill held at Philadelphia y* ll"' of y-^ 4* month, 1GS4. PRESENT : Wm. PENN, Prop" & Gov'. Wm. Welch, Wm. Clayton, Tho : Holmes, Wm. Clark, Tho : Lloyd, Luke Watson. Emd^ Cantwell, The Gov' informes the Councill that he sent a Letter to Coll. Tal- bot, to know what y^ Lord Baltemore would doc in answer to Gov' Doungan's Letter, which was to this Effect : to Lett things remaine as they were, till such times as there is a Decision made by y" King & Councill ; he also will stay his Declaration till he heares what Talbot Saycs. Ashcom's Letter was read Concerning Talbot. Sam" Lands' Letter was read, informing the Gov' and Councill that .Fonas Askins heard Coll. Talbot say, that if Gov' Pcnn should come into Maryland, he would Seize him <^* his retairce* in their Journey to Susquehannah fort. Ordered that Wm. Welch doe takey" Attestation of Jonas Askins, Concerning what Talbot said unto him, or any of those adherent to him. *Should be retinue. PROVINCIAL COUNCIL. 61 THE TITLE OF A DECLARATION. By Wm. PENN, Prop"' & Gov' of y= Province of Pennsilvania & Territories Thereunto belonging : By and with y* advice & Consent ofy^ Prov" Councillof y" same. Wm. Welch is granted Leave to goe home. Adjourned till y^ 12'" 4'" Mo., 84. At a Councill held at Philadelphia y^ IS"^ 4"- Mo., 1684. present: Wm. PENN, Prop"' and Gov'. Wm. Clark, Luke Watson, Tho: Holmes, Wm. Clayton, Edm'' Cantwell. Wm. Haigue. Tho : Lloyd, Wm. Clark Complains of Wrong done him by false reports of things done amiss in Open Court. The Persons names is Jno. Ed- minson and Wm. Darvall. The President's being Memb' of Councill, are appointed a Comit- ;ee to Inspect the Virginia Laws, and to prepare such things out of ;hem as may be Usefull for this Province, against the Next Genall Assembly. Ordered that Jno. Edminson & Griffith Jones, be Sent for. Griffith Jones being attested, Saith that about y' S'" Inst., John Ed- minson said before him & others at Capt. Brigg his house, that Wm. Clark, in shoeing y" Difference between the Lord Baltemore's Gov- 'ornment and this, & how much Easier it was to Live under this Gov- ernment, then his tould soe many lyes and Untruths against the Lord Baltemore's Governm', that he could hardly bear with him; and further adds, that lie, y" said Edminson, said that he was goeing to (jlov' Penn for Patteuts for his Land in y" County of Kent, and when he had got them, he would goe to y" Lord Baltimore and gatt his Pattents for y" said Land. Jno. Edminson Stands to y' same, and Saith that Wm- Clark tould y" people that the Lord Baltemore De- nyed that Ever he had Given Out a Proclamation to Encourage y*" Peo- ple to Settle at y"" whore Kills, as oae of his Untruths. Ordered That there be a report made to this board of the returne of the Comiss'' w'* went to Kent County Concerning Wm. Darvall, and that he may have a Writing drawnc to Clear him. Joseph Bowie, aged 31 years, living neer Iron hill, about 8 miles distance from New Castle, being attested, Saith that about tenn days since Coll. Talbot ridd up to his house and was ready to ride over him, and said Dam you, you Dogg, whom doe you Seat under here, you dogg ! you Seat under noe body ; you have noe Warr' from Penn no my Lord ; therefore, gett you gon, or Else He send you to 62 MINUTES OF THE St. Mury's ; and I being frighted, Says he, you Brozen faced, Impu- dent, Confident Dogg, He Sharten Penn's 1 erritories by & by ; and the Neighbours said they saw Bowles his Land Surveyed away. Adjourned till y'^ 18* 4*^ 84. At a Councill held at Philadelphia The 18th of y* 4'" Mo., 1684. PEESENT : VVm. PENN, Prop"' & Gov^ Jno. Symcock, Tho. Holmes, Chr: Taylor, Wm. Clark, Wm. Haigue, Edm'' Cantwell. Tho. Lloyd, Wm. Wood, The Gov'' desired to be Informed what Persons are fittest to ad- minister to ffra. Whitwell's Estate: it was thought Wm. Southersby and Wm. Berry who were appointed, so to be. The Gov"' again read the Declaration Concerning y^ Difference be- tween y° Lord Baltemore & himself, desireing y" Councills approba- tion ; who approved of it, but desired that some things for y" pscnt might be left out. Adjourned till y^ 19* of y^ 4* Mo., 84. At a Councill held at Philadelphia y<= lO'^of y^ 4"' month, 1684. PRESENT : Wm. PENN, Prop"' and Gov'. Chr: Taylor, Tho.' Lloyd, Luke Watson, Wm. Haigue, Wm. Clark, Jno. Symcock. Edm** Cantwell, Wm. Clayton, The Gov' Informes y'' Councill that Wm. Darval! was much dis- satisfied at y' proceedings of y^ Comiss'', and desires y" Opinion of y*^ Councill in giving him a Clearing under y'= Clarke of y'Councell his hand. Upon Inquiry made in relation to Wm. Darvall, Concerning y" Entertainment of one Murfey in Disafection to this Governm', The Comiss"^ appointed to Enquire after & to bring to condigne Punishem* such Disafected Persons to this Governm', as they should have Proof of, in the County of Kent ; Returned this much Concerning Wm. Darvall : that the thing sug- gested were not proved against him. Taken out of the Journall by leave of Gov' & Councill. The Gov' Informes Wm. Clark and Edm"^ Cantwell that they should draw up two Petitions ; One to y" King & One to y' Duke. Adjourned till the 20* 4*^ Mo., 84. PROVINCIAL COUNCIL. 63 At a Councill held at Philadelphia y^ 20* of y^ 4* Mo., 1684. PRESENT : \Vm. PENN, Prop"^ and Gov^ Chr: Taylor, L.Watson, VVm. Clayton, Win. Haigue, Jno. Symcock, Wm. Clark. The Petition of (leo : Tiiorp read; desiring a hearing before the Gov' & Councill. The Gov' desires to know if it be not Convenient to Costitutc Prov" .fudges to Try Geo : Thorp's Buisness. Ordered that it be Tryed to morrow morning, Unless Griffith Jones shoes sufficient rea- son to the Contrary. Ordered that Griffith Jones be informed that the Gov' & Councill Sit at two of y*" Clock in y" Afternoone, in order to his Buisness. POST MERIDIEM. The Petition of Geo : Thorp being againe read, The Quest, was put whether they would be pleased to Sitt as a Court of Equity and Law, or a Court of Equity alone. The Gov' Proposes whether the two partys are Willing to have it Tryed by the Prov" Judges. Griff. Jones desire times to send for his Evidences, and also desires to know if it shall be Tryed by Law or Equity. Adjourned till y^ 25'" 6'"> Mo., 84. At a Councill held at Philadelphia y' 25'" of y' 5"' month, 1684. Wm. PENN, Prop"' and Gov'. Wm. W^elch, Tho : Holmes, Wm. Haigue, Wm. Clark, Tho. Lloyd, Wm. Clayton, Wm. Darvall, Chr: Taylor, Jno. Cann. Jno. Symcock, Tho : Janney, Richard Mitchell, Sherriff, made his returne from Kent County, of the Election of Wm. Darvall in y'= Place of ffran. Whitwell, De- ceased. Wm. Darvall Attested to Keep Secrecy. The Gov' Desires That the Memb' of Councill would be sure above any thing to Suppress Lewdness and all manner of Wickedness. The Gov' first proposes to the Councill, the Law Concerning Sell- ing Rum to the Indians. That is to say : advises to Issue forth an Act of State to Suppress selling rum to the Indians in such Quantities. The Gov' desires also, that Ordinary Keepers' disorders may be suppressed. Ordered that Rob* Terrill be sent for to appear before y' Gov' & Councill, and all others that Sell Rum to y' Indians. 64 MINUTES OF THE Jno. Jones Acquaints the Councill that one Russell harbours his Negroes, and therefore beggs some ledress. Memorandum : Servats Traviling w"' out Passes, Idleing on first days, Unlisenced houses selling Liquors without Licence; also, sea- ven pence halfe penny a Meal, and one penny a q' for beer. Adjourned till y^ 26* 5 : Mo., 1684. At a Councill held at Philadelphia y-^ 26'" S"' Mo. , 1684. PRESENT : Wm. PENN, Prop"^ and Gov'. Wm. Welch, Jno. Cann, Chr: Taylor, .Jno- Symcock, Tho: Lloyd, Tho: Janney, Wm. Darvall, Tho: Holmes, Wm. Clark. Wm. Haigue, Wm. Clayton, Robert Terrill being brought before the Gov'' & Councill for SelliniJ- rum to the Indians and Other people, and Entertaining Other Per- son's Serv'', rece'd a repremand from the Gov'. A Proclamation Ordered to be Issued Out in Order to Suppress the same. Ordered that Magistrates give Instractions to the Grand Jury for Suppressing of Ordinarys, according to Law. Ordered that a Letter be writt giving Magistrates directions Con- cerning the Proclamation, & also of Chuseing Magistrates «Sc Peace Makers. Left to y" Gov'' Discretion to have y'' Laws & Charter printed at London. Magistrates to Look after the Peace of y" Province, & to Demeane themselves without a just Cause of Offence to the Indians, and then Discreatly. Tho : Lloyd, Tho : Holmes, Wm. Haigue, appointed to draw up ft Charter for Philadelphia to be made a Burrough, Consisting of u Maj' and six Aldermen, & to Call to their Assistance any of y° Coun- cill'. Adjourned till y'' 28* of y^ 5* Mo., 84. At a Councill held at Philadelphia y*' 28'" of y^ 5'" Mo., 1684. PRESENT : Wm. PENN, Prop"' & Gov'. Wm. Welch, Wm. Dai'vall, Jno. Cann, Wm. Clark, Chr: Taylor, Tho: Holmes, Jno. Symcock, Tho : Janney, Tho: Lloyd, Wm. Haigue, Wm. Clayton, PROVINCIAL COUNCIL. 65 The Gov' put y^ Question, whether y° Gov" Charges & Expenses {'or the Preservation and Continuation of the Lower Countyes as annexed by act of Assembly to this Province, shall be reputed a Public Charge. Resolved upon y*' Question, y' y'^ Gov" Expenses preserving and Continuing the Lower Countyes annexed by act of Assembly to this Province, be held & Reputed a Public Charge. The Gov'' put y'' Quest: whether two-thirds or three-fourths of y" ffreewill Offering Money given to y^ Gov'', should be put to y' Quest. Past in the Affirmative. As many as are of Opinion that two thirds should be allowed the Gov'' towards the preserving & Continuing the Lower Countyes, an- nexed by Act of Assembly to this Province. Past in the Negative. As many as are of opinion that three fourths should be allowed. Say yec: Past in y^ Affirmative. All that are of Opinion that y° Charges of y^ Watchmen at New Castle should be payed out of 5^* Publick Ti'easury, till further (.)rder from Pi-ov" Councill, Say yee: Resolved in y" Affirmative. Ordered that Tho: Holmes, Wm. Haigue, Wm. Clayton, Tho: Lloyd, Wm. Darvall, Wm. Clark, or any two of them. Inspect y^ Bills of Benj. Acrod, Deceased, before such time as they are payd. Adjourned till y'= 14* 6* Mo., 84. At a Councill held at Sussex The 14* 6* Mo. 1684. PRESENT : Wm. PENN, Prop'' and Gov'. Tho: Lloyd, Tho: Holmes, Wm. Darvall, Wm. Clark, Ja: Harrison, Luke Watson. The Differance between Luke Watson and Jno. Bellamy, touch- ing the appraism' formerly Ordered by y° Gov' & Councill, &c. The sayd Luke Watson & Jno. Bellamy agreed before y' Gov' & (^uncili, as followed : That the said Luke Watson shall Continue upon y' three hundred Acres at Prime hook, wheron are his Improvem", togather with the two hundred Acres adjoyning thereto ; and in Consideration thereof, the .said Jno. Bellamy shall have the four hundred fifly-seaven Acres as p. Pattent, being formerly the Lands of One Wm. Canes, and Seated by Prentice, and to assigne and make Over their Intrests to Each Other in y^ said Lands, by Legall Conveyances, &c. And y^ Said Luke Watson shall further pay unto the said Jno. Bellamy, one Bullock, or Vallue thereof; and thus they agreed & shaked hands. Adjourned till The 18'" of y" 6* Mo., 1684. 6* 66 MINUTES GF THE At a Councill held at New Castle The 18* of y' 6'" month, 1684. PRESENT : THOMAS LLOYD, President. Wm. Welch, Jno. Symcock, Edm'' Cantwell. Jam : Harrison, Tho. Holmes, A Comission from y^ Gov'^was read, Impowringthe Prov" Councill to act in the Governm' in his Steed, Tho. Lloyd being Presid' of y" same. Also, a Comission for Tho. Lloyd to keep the great Seale, was read. Prov" Judges appointed by Comission, Viz' : Wm. Welch, Nich. Moore, Wm. Wood, Rob' Turner & John Eckley. Adjourned till 19*^ 6'^ Mo., 84. At a Councill held at New Castle The IQ'" of y^ 6"- month, 1684. present: THOMAS LLOYD, Presid'. Chris: Taylor, Jam. Harrison, Wm. Clayton. Tho. Holmes, The Commission for the great Seale was againe read, and the Seale delivered to Tho. Lloyd. A Comission was read Impowring Tho. Lloyd, James Claypoole & Rob' Turner, to Signe Pattents and grant Warrats. Wm. Clayton, Rob' Turner & Dan" Pastoruses, Comission for Jus- tices of y" Peace for Philadelphia County was read. Wm. Clark's Gen" Comission for y" Peace was read, and filled up in Councill. Adjourned till 24"' 6*^ Mo., 84, At a Council! held at New Castle The 24*^ of the 6"" month, 1684. PRESENT : THOMAS LLOYD, Presid'. James Harrison, Wm. Haigue, Chris. Taylor. .Jno. Symcock, Wm. Clayton, Ordered that the next Justice in Comission to the Presid' of the Court of New Castle, doe officiate iu the same till further Order. Adjourned till y^ lO"' 7"' Mo,, S-i. PROVINCIAL COUNCIL. 67 At a Councill held at Philadelphia the 10"^ of y' 7"" Mo, 1684. PRESENT : THOMAS LLOYD, Presid'. The. Holmes, John Symcock, Wm. Clark, Chr: Taylour, Wm. Clayton, Edm'' Cant well, "Wm. Wood, Jam. Harrison, Jno. Cann. Wm. Welch being deceased, the Memb" of Councill for N. Castle County, Informed the Councill of y'' Want of one in his place: Wherupon, the Presid' put y" Quest., whether or not there should be a Writt sent downe to Chuse a Memb. to serve in his steed : past in y" Affirmative. Quest. Whether the Managem' of the Genall Survey" Place of New Castle County, Should be put into the hands of Tho. Holmes, Surv'' Gen" of y" Province, till further orther ; and that Tho. Person be his Deputy for y" Time being, he receiving Instructions from y" Gen" Surveyor. Past in Affirmative. Information being given to this board that the Widdow Ogles' hay was thrown into y'' Creek, and Andrew Stelle's Clouths Terne by Coll. Talbots' People, who did it by his Order, Edm'' Cantwell and Jno. Cann were Ordered to Inspect the thruth of it, and to make a Speedy report of y"" same to this board. Adjourned till y^ ll"- 7"" Mo., 84. At a Councill held at Philadelphia The 11* of y^ 7* month, 1684. present: THOMAS LLOYD, Presid'. John Symcock, Jam. Harrison, Tho. Holmes, Wm. Clayton, Wm. Clark, Chris. Taylor. Edm'' Cantwell, Jno. Cann, It being proposed by a Memb' in Councill, that a New Comission of the Peace be granted for the Countys of Philadelphia &; New Cas- tle, by reason of y^ removeall and Decease of y'' sayd Presid', it was Unanimously agreed that New Comissions should be Issued Out. Ordered that Notice be given to the Prov'' Judges, to request them to appear in Councill to Morrow, at the 9"^ houre. Adjourned till y'- 12"' 7*^ Mo., 84. At a Councill held at Philadelphia The 1'2"> of y' 7''' Mo, 1684. present: THO: LLOYD, President. Jno. Svmco^k, Edm'' Cantwell, Jno. Cann, Tho: Holmes, Wm. Clayton, Wm. Clark. Chr: Taylor, 68 MINUTES OF THE Ordered that upon the Decease or Absence of y" Present President from this Province or Territories, that it shall and may be Lawful) for the Prov" Councill, upon any urgent Emergency, to meet to- gether, & Chuse a Presid' or "Vice prasid', as Occasion shall Offer, from time to time. Wm. Clayton & Robt. Turner attested Justices of y' Peace, for y" County of Philadelphia. Ordered that the King's Proclamation forbidding his subjects to Enter into the Servis of forreigne Princes, be read to morrow by the Sherriff, in the most publick places of Philadelphia, at tenn of the Clock to morrow ; and to be affixed in a Publick place for the Publick View. Ordered that a Comission be speedly Issued fourth for One to Sup- ply the place of a Prov" Judge, Lately deceased. Ordered that it be referred to y'= Presid' and psent Memb", to Co- missionate I'reasurer if Occasion be. The Comission of y*' five Prov" Judges was this day delivered unto Nicholas Moore & Robt. Turner, who were accordingly Attested. The Coppy Wherof is as followed. Viz': Wm. Penn, Prop"y & Gov'' of y" Province of Pennsilvania & Ter- ritories thereunto belonging, To my Trusty & Loving friends, Nicholas Moore, Wm. Welch, Wm. Wood, Rob' Turner & John Eckley. Greeting : Reposing Speciall Confidence in y" Justice, Wisdom and Integri- ty, I doe, by Virtue of y" King's Authority, derived unto me. Consti- tute you Provinciall Judges for the Province and Territories, & any Legall Number of you a Prov" Court of Judicature, both fixed and Circular, as is by Law directed, giving you and Every of you full power to act therin according to y** same; Strictly Chargeing you and Every of you, to do Justice to all and of all degrees, without delay, fear, favour or Reward : And I doe hereby require all Persons within the Province and Territories aforesaid, to give you y" due Obedience and respect belonging to your Station, in the Discharge of your Dutys. This Comission to be of force duering two years Ensueing y' Date hereof. You and Every of You behaving yourselves well therein, and Acting according to y' same. Given at Philadelphia, y*" fourth of y^ sixth Month, One thousand six hundred Eighty & four, being y^ thirty Sixth year of y' King's Raign, & y" fourth of my Governm'. THE ? WM. PENN. Postcrip: For y' three Upper Countyes and Towne of Philadel- phia. WM. PENN. Ordered that the Registrey's Office for the County of New Castle, be managed by Jno. Cann, till further Order. Ordered that y*" Presid' and Present Members may have power out of Councill to grant Licenses. ^ An Information being given to this board from Sam" Land, High Sheriff of the County of New Castle, That there was a Ship Lately- arrived which was an unfree Bottom ; Whereupon he seized her. PROVINCIAL COUNCIL. 69 Ordered that Wm. Clark, Jno. Cann, Edm*^ Cantvvell, Peter Al- drichs, and Jno. Williams, or any three of them, Strictly Inquire into the Nature and Truth of y" Information, and Transcefer an acco" there- of to y'' Presid*, or in his absence to Tho : Holmes. Ordered in Councill, that y" Presid' & Members present may Em- power such as they think fitt, to be a Court of admiralty, for the hear- ing and determining the State and Case of the Shipp Seized ; and that upon all other, and the Like urgent Occasion, that the Presid' & Pres" Members may, in absence of y*" Councill, proceed to act therin w"' Prudence, Law and Discretion, according to y" Necessity of y'' Matter, and that an account of y^ same be reported to y' next Coun- cill. Adjourned till y' 14* 8'" Mo., 84. At a Councill held at Philadelphia The 14'' 8"" Mo., 1684. PRESENT : THOMAS LLOYD, Presid'. Thorn: Holmes, Luke Watson, Wm. Clayton. Wm. Haigue, The Ship Called the harp, of London, Robt. Hutchins Master, Ijeing by this board Called in Question for his Ship's being an unfree Ship, and upon Consideration had by this board and Sam" Horsent, Prosecutor, in behalfe of Sam" Land, Prosecuting &; desii'eing Judg- ment against the said Ship. Monsieur Dethees, Master, Alias Pilot, appearing in person in Coun- cill, produced a Past under the hands of theComiss" of London, and Seal of the Custom house, dated y'^ 9"' May, 1684; but positively de- clared that he had noe Clearing to produce, neither (as he said) could lit.' produce any from the Admiralty Office of Darby house, and that Mounsieur Duthees that had been Employed to dispose of the Charity given to some french Protestants of good Quality, bound for Penn- silvania, did Solicite at y^ s'^ Admiralty for a Clearing, but could not obtaine it; Hezekias helmont, Ed'' Hunter & Jeffrey Johnson, Sea- men & Saylors on said Ship, being also called, and Personnally appear- ing m Councill, & being Interrogate severally and Joyntly, declared that they knew nothing of the Clearing of the said Ship, and that they know nothing of her being an unfree Ship till they came to burnegat, where they then heard of one above that Knew more than they, that Shee was an Unfree Ship. The board upon hearing of the whole matter, and all that could be alleged in behalfe of said Ship, It is y" Judgm' of the board that Shee is an Unfree Ship, & so forfeited. Condemnation and Sale of the Ship harp of London, By the Presi- dent & Members of Prov" Councill of the Province of Pennsilva- nia, and Territories thereunto belonsinor : Information being made to this board by Sam" Land, that a Cer- taine Ship called the harp, of London, Lately arrived with Passingers 70 MINUTES OF THE from London, in England, and now riding before the towne of Phila- delphia, in the Province of Pennsilvania, is a french Bottom, and noe ways made free to Trade or Import any goods into any of his Majes- ty's Plantations in America, and soe under the forfeiture Exprest in the Laws of Navigation, upon a full hearing of the Buisness in Coun- cill, the fourteenth of y^ Eighth Mo., 1684, And by the Ingenious Confession of the Master, who Termes himselfe Pilot of y" said Ship^ who produced a Pass under the hand of y" Comiss" & Seale of the Custom house at London, Dated the Ninth of the Second* Month, 1684, but positively declared that he had noe clearing to produce, Neither (as he said) could he produce any from the admiralty office of Darby house, and that Mounsieur Duthees that had been Employ- ed to dispose of the Charity given to some french Protestants of good Quality, bound for Pennsilvania, did solicite at said Admiralty for Clearing, but could not obtaine it, the seamen & Saylors, Viz' : Heze- kias Helmont, Edw'' Hunter, and Jeffery Johnson, of y^ s** Ship being called, and personally appearing in Councill, did declare Joyntly & Severally, that they knew nothing of her being an unfree Ship untill they came to Barnegatt's, where they then heard that shoe was an Unfree Ship; and Sam" Land being prosecutor, Desireing Judgm', the President and Prov" Councill upon hearing of y' whole matter & all that could be alleged in behalfe of y" said Ship. Have and doe adjudg and Condemn y^ Said Ship as aforesaid, for- feited according to Law, the 14"" of the 8* month, 1684 ; and Comiss" being respectively appointed for y*" View, apraisem' &. sale of y^ said Ship, w"'Tackle, apparrell & Amunition, &;c. did accordingly, between y° hours of three & five of the day in y" afternoone, being the 14 of the 8 month, 1 684, Sel the said Ship by the Inch of Candle, to Bar- naba Wilcox, for fifty-nine pounds ten Shillings six pence ; whom we doe Declare to be the Sole, Right, and LawfuU Owner of y' said Ship. THOM. LLOYD. Adjourned till 22* 8* Mo., 84. At a Councill held at Philadelphia ye 22* of y^ 8'" Mo., 1684.. preseivt: THOMAS LLOYD, Presid'. Wm. Clark, Tho : Holmes, Luke Watson, Wm. Clayton, Wm. Haigue, Pet' Alrichs. Ordered that John Songhurst, Wm. East, Thom : Taylor, apraise y^ french Ship w* is forfeited, and make returne fourthwith to thi» board. Ordered that James Claypoole, Sam" Carpenter, & Wm.. framp- ton, be Comiss"* to Dispose of y" french Ship fourthwith. ^Should be third. PROVINCIAL COUNCIL. 71 Ordered that Wm. Darvall, Grunadus Wessel, Jno. Brigs & Dan" Jones, have Comissions for Justices of the peace for Kent County. Ordered that Peter Alrichs, Rob' Owen, Edm'' Cantwell,& Abram. Man, have Comissions for Justices of the peace for New Castle County. The Returne of the Sheriff of New Castle was this day read, for the Choyce of Peter Alrichs to be a Councellor for that place, Who was this day attested in Councill. The Petition of Edm'' Cantwell was read, and the Councill Ex- prest their unwillingness to take Cognizance thereof, by reason had regularly his Legall remedy from the Prov" Court, to which he ap- pealed, and should have prosecuted his Complaint & Greavance ; how Ever, they thought it advisable to have a Letter Sent to the Clark of the County of New Castle by the Clark of the Councill, to send up to this board w"" all Expedition, a Coppy of the appeal, Judgm' Bond and Execution, w"' the Declarion Plea and Verdict Entred & Issued out against the Complainant. Adjourned till 24* 8'" Mo., 1684. At a Councill held at Philadelphia y"= 24"' of y^ 8'\Mo., 1684. present: W^i. CLAYTON, Presid'. Chr: Taylor, Ja : Harrison, Wm. Wood, Jno. Symcock, Tho. Janney, Wm. Darvall. Ralph ffretwell Complains to the Councill that he cannot have his Land Laid Out by reason of the Contention of the Survey^ Tho: Holmes being sent to by the Clarke of the Councill, to know his reason of not Issuing out his Warrant to Survey y'^ Said Ralph ffretwell's Land, his answer was, he would not Issue out his Warrant to Charles Ashcom, But he would Issue out his Warrant according to his Comission. Wherupon the Councill made this Warr' following : For as much as Ralph ffretwell hath made his Complaint to us that he cannot have his Land Surveyed and Layd out according to the (lov"^ Warrant, Wee having Sent to Tho: Holmes to put y"-' said Warr' in Execution, Viz': to direct Charles Ashcome, Survey"" of the County of Chester, to lay out the Same, and he refusing soe to doe ; These are therefore, to will and require Thee fourthw"" to Survefj, or caused to be Surveyed, unto Ralph ffretwell, the said Tract of Land, beginning halfe a mile above Concord, and soe through New Towne, Saveing Every man's right their already Surveyed to them in y*" said Towns Ship, and Soe up N. N. W, till you come to y" full Extent on that side, and soe onwards untill the said Warrant be Accomplished, by a Square of tenn or twelve miles, or any Quantity that may bo Conteined in the same, according to y^ Treu Intent and meaning of y' Gov'' Warrant. 72 MINUTES OF THE James Harrison and Jno. Symcockwere Ordered to Discourse The. Holmes Concerning Ralph ffretwell. Adjourned till 25* 8 Mo., 84. At a Councill held at Philadelphia y' 25"" 8 Mo., 1684. present: THO: LLOYD, Presid'. Jam. Harrison, T^uke Watson, Wm. Haigue. Wm. Clark, Wm. Clayton, Barnabas Wilcox had two hours granted him to give his answer to the Presid', whether he will have the french Ship as he bought her or not. A Prov" Court being by Law and under the great Scale by y'' Propr""" &: Gov'' Established, it was Judged advisable and Expedient that for the future the Prov" Councill may draw up and Endeavour to ascertaine the Legall Bounds and Jurisdictions of the Respective Courts of Judicature in this Province & Territories, least through the Inadvertancy, Indiscretion or unskillfullness of any Persons Judi- cially Comissionated, in the Discharge of their Duty, they, or any of them, may act Eregularly, to the Disatisfaction of y° Governm', Disreputation of themselves, to y' Vacuating and Insecurity of such acts & Judgment of y^ said Courts, & Consequently by the Intrench- ing of one Court upon y^ Matters Cognisable by an other Judica- ture, Annimositys, Disrespect and Confusion may be introduced. For the Prevention Wherof, and y'' preserving of a Respectful! Notice and Corispondance, and for y'^ Continueing a Suitable regard to the due Determination of y" Comiss"^ of Each Court, It was agreed in Councill that such Instructions, Soe drawn up, may be recomended I'D the notice of y*" Respective Comiss'^. Adjourned till y-^ 30'" of y' 1" month, 85. At a Councill held at Philadelphia The 30* of y' first month, 1685. TRESENT : THOMAS HOLMES, Presid'. Chris. Taylor, Tho : Janney, Nich. Newlin, ,Tno. Svmcock, Jno. Barnes, Phin. Pemberton. Wm. Wood, The Returne of Philadelphia Read. The Returne of Bucks read. The Returne of Chester Read. John Barnes, Nich. Newlin & Phinihas Pemberton, were this day attested to Keep Secret the Debates of Councill. Adjourned till y" 31'" 1" Mo., 85. PROVINCIAL COUNCIL. 72 At a Coimcill held at Philadelphia the 31 1" Mo., 1685. PRESENT : THOMAS FIOLMES, Presid'. Chris: Taylor, Wm. Wood, Jno. Barnes, Jno. Symcock, Jno. Cann, Nich. Newlin, Tho. Janney, Phin: Pemberton, Peter Alrichs. The Returne of the Sherriff of New Castle was read. Put to y" Question, Whether y" Members not coming to Councill yesterday be willfuU absence. Past in the Negative. Put to the Question, Whether those two SherrifF's which have not made their returnes should be fined or not for Neglect of Duty, and whether tenn pounds fine should not be Layd upon Each. Past in y* Afhrmative. Ordered that y" SherifFof New Castle pay 20s. fine for not making returne in time. Jno. Cann, Jno. Barnes, Nich. Newlin & Phin. Pemberton, and as many more as pleaseth, apointed a Comittee to read Over y' Laws. Adjourned till y" V 2^ Mo., 85. At a Councill held at Philadelphia y' 1^' 2^ Mo., 1685. present: THOMAS HOLMES, Presid"-. Wm. Wood, Peter Alrichs, Jno. Symcock, Jno. Cann, Phe : Pemberton, Chris. Taylor, Tho: Janney, Nich. Newlin, Jno. Barnes. The Petition of Christopher Penock & Co. Concerning the ferry at Skoolkill, v/as read. Oi'dered y' an Order of yc Councill be Sent to Phillip England, to Expedit a sufficient ferry Ijoat for horses and Cattle to pass to and fro over the Scoolkill, as also to make y^ way on both sides Easv and passable bath for horses and man, to Loe VVater Marke; Other- ways y° Councill will take care to Dispose of it to such as will pfbrme y' same. It being Moved in Councill to have the Line of Separation known 6c. distinguish' between y" Countyes of Philadelphia and Bucks, at y' River Dellaware, the County of Bucks to begin at Poaquesson Creek, and soe to take in the Easterly side thereof, togather with y' Town- Ships of Southampton & VVarminster, and thence backwards. And severall Members of Councill acquainted this board that they heard the Gov" Positively grant & say, that the aforementioned Line should be the Devision between the two said Countyes, and being put to y° Question, whether that should Stand as y" division of y'Coim- tyes aforesaid, it was carried in the Affirmative, Nomine Contradi- ceute. 7 74 MINUTES OF THE Ordered that an Order of Councill be Sent to y' Sheriff of Each County abovesaid, to the End that they may know the Limitts ' 2" Mo., 1685. present: THOMAS HOLMES, Presid'. John Svmcock, Jno. Cann, Plie. Pcmberton. Tho. Janney, Jno. Barnes, Wm. fframpton, Wm. Clark, F Alrichs, Chris. Taylor, Wm. Wood. Nicho. Newlin, PROVINCIAL COUNCIL. 75 Wm. Clark being attested, deposcth that he saw ye returne of the S}ii;rritr of y*" County of Kent for a member of Councill, and he did read in the returne that Wni. fframpton was y" man Chose for tlie memb'' of Councill. And it being put to the Question whether that was sufficient for him to Sit, past in the Affirmative. The Lycence of John Hill Ordered to be renewed. The Returne of y"" Sherriff of Lewis County was read, Jno. Roads Returned Councellor. Ordered that a Comission be drawn for John Cann, Peter Alrichs, Rich. Owen, Johanas D. Haes, James Walliams, Hendrick Williams, Vallentine Hallingswoorth, Edw'^ Green, Wm. Guest, Hendrick Le- man, to be Justices of the Peace for y'' County of New Castle, for a year. Wm. fframpton was this day attested in Councill to keep Secresy. Ordered that a Bill be drawn for Sevcrall sorts of fines Exprest in the Laws of this Province, to be raised, Leavied and payd. Ordered that a Bill be drawn to y" End the time of Enrolm' be Enlarged to Six months of Charters, deeds & Conveyances, & that y*" Clawse of Bill Bonds & Specialties be left Out, and y" Word Pat- tents be added and Incerted after the Word Charter. Ordered that a Bill be drawn for Indemnifieing all forfeited Deeds not Enroled in Time, and that y^ said deeds shall stand Valid to all intents and purposes, as if they had been Enroled. Ordered that a bill be drawn up That y" Word Equity be left out in ye Law off" County Courts. Put to y^ Question ; whether the 87 Law should be repealed, and one year be put in the roome of six months, and be new drawne: past in the Affirmative. Put to y" Question ; whether the penalty should be taken out of the Law of Education ; Past in the Affirmative. Ordered that Wm. fframpton, Phin : Pemberton and Jno. Cann, 3^ Mo., 85. At a Councill held at Philadelphia y' 18"' of y' 5' month, 1G85. present: THOMAS LLOYD, Presid'. John Cann, W"m. Southersby, Jno. Roads, JjU. Watson, Wm. frampton, Tho. Holmes, Jno. Symcock, Wm. Darvall, Nich. Newlin, Jnlin Barnes, IMw'' Greene, Phin. Pemberton, Chris. Taylor. Wm. Wood, Peter Alrichs. T'ho. Jannev. PROVINCIAL COUNCIL. S7 The Speaker, with y'' Assembly, attended this board, & Declared that they were abused by Pat. Robinson, who said you have drawn up an Impeachm' against Pres' Moore at liab nab, tor which the d&sire satisfaction. The Presid' and Prov" Councill Takeing into Consideration the words Spoken by Pat. Robinson, this board Concerning the Assembly, that the Impeachm' against Judg Moore was drawn hab. nab. w*^ Expres- sions of his wee doe unanimously declare to be undecent, unalowa.- ble, & to be disowned. The Petition of Pat. Kenerly read, and he is referred to Tlio. Holmes, Wnu fframpton & Phin. Pemberton, to End y Buisness. Adjourned till 4 a Clock in y" Aflernoone. POST MERIDIEM.. The Presid' & Prov" Councill being mett : Wm. Darvall desired leave to goc home, he having Extrordinary Buisness, w''"' was gz'anted. The Speaker with the Assem])ly, Attended this board to mage good their Allegations against Nich. Moore. In proof of y'^ first Article, Especially The first Branch thereof. Viz' : That is persciving to Send unlawfull Writts to the Sherriffs, &c. The Speaker, by Consent and in behalfe of y" Assembly, assertains that Judg Moore's his Writt for holding a Prov" Court at New Castle, came to the Sherriff 's hand but six days before the perfixt day for holding the Court, and by his Writt he Comands the Sheriff to Sumons all Lords of Manners & Justices to attend the Prov" Judges, and iorty Eight freemen for a grand Jury, & twenty-four for a Petty Jury; Jno. Cann declares the same; Tho. Usher declares that the Sherriff of Chester County had no time but five days before the Court was held. for proof of the Second Article : They Desire the Benefit of James Reads' Testimony, formerly given in. Jno. Cann, a Memb. of Councill, declares to y*" best of his know- ledge, that upon y" Objections of y" Defend'% y" Court Yielded that be- fore the said James Reads was attested, he should be layd by, but notwithstanding, through some Omission, after he was attested he was laid by. for proof of y" third Article : John Cann further declares that he was in Court upon this Tryall when y^ Jury came in, who being asked by Judge Moore whether they were all agreed, he thinks they sayd they were all agreed, he is not certaine; and y*" Jury being asked what was their Verdict, they said Eight pounds : the Judg asked them what they meant by it : they saidthey found Eight pounds for the Plaintiff: Judg Moore urges there- upon, what is Eight pounds in Comparison of five hundred pounds al- ledged in the Declaration, and further said to y' Jury, this is noe Ver- dict, you most goe out and findc according to Evidence, or Else you are all perjured Persons: Whereupon they went out, and brought in their Verdict the next morning for the Defendant, w"' Costs of Suit. 88 MINUTES OF THE Jno. White Speaker, Declares fully w"" Jn" Cann, but further Saith that the Jury being asked by Judg Moore whether they were all and Every One agreed, &. being thrice asked, they did declare they were Every One agreed, and notwithstanding, he said they must bring in an Other Verdict. Edw'' Green, a Memb. of Councill, declares that he was in Court also when y" Verdict upon y" Tryall of Abram. Man, Plantif, and Edm'^ Cantwell, defendant, and upon the Jury's giving in their Ver- dict of Eight pounds ; Wherupon Judg Moore said it was no Verdict, but they must finde y^ Verdict accoitling to Law & Evidence, soe he Sent them out, and they came into Court next morning, and after the Judg had admonished them, he asked if they were all agreed, and they said not; and he sent them back againe, requiring them to bring in their Verdict according to Law & Evidence : They went out againe and brought in for the Def*, w* Costs of Suit: "VVheras, it is Omitted in y^ first part of this Evidence upon y" July's first Coming in, y'' Judge asked if they were all agreed, and they said they were all agreed, and they finding Eight pounds for the plan', the Judge ask- ing them who they found Eight pounds for, they said for y*" Plantif. Adjourned tilly^ 19* 3"^ month, 85. At a Councill held at Philadelphia The 19"' 3'^ Mo., 1685, prese:vt: THOMAS LLOYD, Presid'. Tho : Holmes, Nich. Newlin, Luke Watson, John Symcock, Jno. Cann, Jno. Roads, Wm. Wood, Tho : Janney, Jno. Barnes, Wm. frampton, Phin : Pemberton, Pef Aldrichs. Wm. Southersby, The Speaker and y" Assembly attended this board. The Presid' & Councill having reced from y"* Managei's nominated by the Assembly, what proof they though well to ofler to y*" three first Articles, which Managers are y'^ Speaker, Abram. Man, Tho : Usher, Jno. Blumstonc, Wm. Berry & Sam" Gray, these Persons were Con- tinued Managers for the proof of y' whole Exhibited Articles by their Own Order. As to y^ fourth Article being not so Intelligably Worded to the ap- prehension of y" Councill, y' Assembly requested by their managers that a further Explainter Sence might be admitted. As to y" fifth Article, they urge a Record from under the Clarke of the Circular Courts hand, and in the whole say, that y° proof of the Intended Indictm' was false. As to y'' sixth Article, Jno. Cann Declared that Judg Moore Seem- ing by a Threatning word. Called Jno. Harrison to be an Evidence against Tho: Pringler & Geo: Ambler, he demanded of Harrison to declare what he knew Concerning the hogg in Question: The said PROVINCIAL COUNCIL. 89 Harrison Declared he knew nothing of the taking of y° hogg for he was at Philadelphia at y" same time : upon severall Other Questions asked him whether he liad seen or Eat any of it, he Declared he had !)oth Seen and Eat: upon that y' Jury had this in Charge, the Judge telling them it was perjury, they accordingly found the Person Guilty of Perjury. As to the Scaventh Article, Wherin Judg Moore is accused of Judging of y^ proceeding of y" foregoeing Court Circular. As to the Eight Articte, Jno. Blunstone, Tho: Usher and Geo. Ma- ries, Justices of y^ Peace for the County of Chester, declared That - Sitting in Judicature in Chester County Court, upon an Action, Den- nis Rochford being Plant. & Jno. Hickman Def, that after Judgm' regularly obtained in that Court by y'' aforesaid Plantiff, against y* Deflend', an Execution was granted & y' Def ' Taken thereby : Yet notwithstanding y^ said Nich. Moore, upon a Bare Petition of j-° said Defend', he Vacated y'' Judgm' and discharged y^ Prisoner ; also the said Judg Moore did arbitrarily take upon him meerly by a Petition, to Reverse a Judgm' Duly Obteinedin y" Comity Court of Chester, by Tho : Withers, plantif, Vim. Tavlor, Defend' ; this was done by y= said Judg Moore yM8 2^ Mo., 1685 Last. As to y^ ninth Article, Sam" Grey and Jno. Hill allege it is apa- i-ent that Nich. Moore was bound in Duty to goe to y^ Lower Coun- tys, toKeep the Spring Prov" Court, yet notwithstanding, Declined his Duty, to the Manifest Rewin & DisappointnV of Severall fireemen. As to the tenth Article, Wherby they Suggest severall Contemp- tuous S,' Derogatory Expressions Spoken by Judg Moore of the Prov" Councill and of the present State of Governm' by Calling the Memb. thereof fooles & Logerheads, and said it were well if all the J_jaws liadDrapt, and that it would never be good Times as Long as y*" Qua- kers had the Administration. Wm. Carter, & Robert Clifton & Sam" Grey, declare that Nich. Moore advised them to proteste against y^ Last Promulgated Bills. Upon y*" Reading Over y^ Declaraon before y'' Prov" Councill by the Assembly, against Nich. Moore, and their Allegations for proof of their Articles being received b}" y" Clarke of y" Councill, the Assem- bly Moved that y'' said Nich. Moore might be removed from all places of Trust and Power. The Speaker being asked if they Came as an Assembly or a Co- mittee, they said they Came as an Assembly. Upon the Peruseing of y^ allegations and Testimony s given in by tho Memb. of Assembly, with some of y" Councill, in Order to prove and to make aparent y^ Charge Exhibited in the Articles against Nich. Moore, one of the Prov" Judges, The Councill Unanimously agreed and Ordered that Express notice shall be given, with all dispatcht be sent to him to signitie the sence of this board, and that he make his appearance before y^ Presid' and Prov" Councill in^the Councill Chainber, at three of y" Clock this af- ternoone; being the 19 Instant. The Assembly Presented a Petition to displace Patrick Robinson from any Office of Trust & Prohtt, Which Petition was read, & shall be weightily Considered and answered. 90 MINUTES OF THE The fifteeiie Laws were this day read, and twelve of them were past in y Affirmative and three in the Negative. Adjourned till y'' 28"' 3-^ Mo., 1685. At a Councill held at Philadelphia The 28" of the 3^ Mo., 1685. PRESENT : THOMAS LLOYD, Presid*. Tho: E[olmes, John Barnes, Wm. Frampton. A Letter from Proprietary Penn was read, Authorizing the Presi- dent & Prov" Councill to Constitute Capt. Wm. Markham, Secreta- ry of y'^ Province & Territories, and also the Prop°" Secret"^', and to make Voyd all other Comissions, if any be. .lacob Pellison & Jacob Sessarys,in Persuance of their Potion and ibrmer Order of Councill, it was referred to y" Presid' to signe y"' same, they Subscribeing their Names to a Declaration Dischargeing themselves according to Law. In Complyance w* the Gov"* Instructions, Ordered that a Comission he drawn to Comissionate Capt. Wm. Markham, Secretary of y'^ Pro- vince & Territories, & also Secretary to y" Prop" and Governor. Instructions Sent to Capt. Wm. Markham, that he in Conjuncktion with the rest of y'^ Magistrates of y" tovvne & County of New Castle, 10 proclame James the Second King of England, Scotland, franco and Ireland, &c. Adjourned till 2" 4'" Mo., 85. At a Councill held at Philadelphia The 2'^ 4"' month, 1685. PRESENT : THOMAS LLOYD, Presid'. Jno. Symcock, Wm. frampton, Wm. Markham. Wm. Clarke, V/m. Haigue requesting a Speciall Court at New Castle granted ;uid Ordered that a Comission be drawn. Ordered that Speedy notice be Sent to Judg Moore by the Clark of y' Councill, that he Desist «Sc Cease from further Acting in any place of Authority or Judicature, till the Articles of Impeachm' Exhibited against him by the Assembly be Tryed, or Satisfaction be made to this board. The Petition of the Assembly against Patrick Robinson being deba- ted of in Councill, upon the Consideration and perusall of y^ same, Wee doe Conclude that he cannot be Regularly removed from his Clarcke's places or Office till he is Legally Convicted of ill fame, and those Crimes & Misdcmean"^ alleged against him, which was presented to PROVINCIAL COUNCIL. 91 this board by John White, Speaker, in behalfe of the Assembly ; and after such Conviction, it is resolved that he shall be readily Dismist from any Publick Office of Trust in this Government. At a Councill in thcCouncill Roome at Philadelphia y^ ll"" of y' 4"" month, 1685. PRESENT : THOMAS HOLMES, Presid'. John Barnes, Wm. Markham, Secre. The Presid' ord' that a Warrant be made for y' Sumonsing of Joseph Massie, Master of y^ Grayhound ffly boat, to appeare before the Presid' and Councill, to answer the Complaints made by passin- gers that Came in his Ship from England and Ireland, as well for detayning or *Imbellishing Severall goods Shipt on board his said fly boat for this Province. Adjourned till further Order. At a Councill in the Councill Roome at Philadelphia The 13'" 4"' month, 1685. PRESENT : THOMAS HOLMES, Presid'. John Barnes, Wm. Markham, Secre. The Petition of Zachariah Whitepaine being read. Ordered that a Warrant be made for the bringing the families therin mentioned to y^ Plantation of their Imploycr, Viz: Zach. Whitepaine. Adjourned till further Order. At a Councill held in y^ Councill Roome at Philadelphia, The 18"' 4'" Mo., 1685. PRESENT : THOMAS HOLMES, Presid'. Wm. Frampton, Wm. Markham, Secre. The Petition of Franc. Richardson was read, desiring a Speciall Court in y* County of Bucks, was Granted to be held y' 23*^ Inst. Adjourned till Tomorrow. ^Evidently Embezzling. 92 MINUTES OF THE At a Councill in y' Councill Roome at Philadelphia, The 19* of ye 4". Month, 1685. PRESENT : THOMAS HOLMES, Presid'. Wm. Frampton, Wm. Markham, Secre. Rich*^ Pittman's Petition against Joseph Master, M' of the Ship Grayhound, being read, was Referd to y'^ next County Court, or to y'^ award of Arbitrators Indifferently Chosen. The Petition of Jacobus Fabrisius was read, requesting the Keep- ing an ordinary : Answered they dont think fitt to grant y^ Petitioner's Request. The Petition of Humph. Davenport in behalfe of Gabriel Minveale, March', of New York, y' wee would grant him a Speciall Court to deside Differences between y's*^ Minvielle and Jno. Royer and Eliz. Ogle, y*" Relict of Jno. Ogle, both of New Castle County, was grant- ed to be held on y'' 25"" Inst., at New Castle. Adjourned till further Order. At a Councill in the Councill Roome at Phil9,delphia, y^ 3*^ 5'" month, 1685. PRESENT : THOMAS HOLMES, Presid'. Chris. Taylor, Wm. Markham, Secre. The Petition of Joseph Massey being read, Craveing a Speciall Court, was differd till to-morrow. The Councill adjourned till to-morrow, 8 in y" Morning. At a Councill in the Councill Roome at Philadelphia, The 4" of y* 5*^ Mo., 1685. PRESENT : THOMAS HOLMES, Presid'. Chr: Taylor, Phin: Pemberton, Wm. Markham, Secre. Wm. Frampton, The Petition of Joseph Massey being againe read, desireing a Spe- ciall Court at Philadelphia, was granted to be held on y'' next third day, being the 7"" Inst. The Petition of Humphrey Davenport on behalfe of Gabriell Min- vielle, Merch', of New York, requesting a Speciall Court in y* Coun- ty of Philadelphia, granted to be held y'= next Third day, beins v' 7"^ Inst. .' =J PROVINCIAL COUNCIL. 93 Information being given to this board of y^ unlawfull Marriage of R*" Noble, of y^ County of New Castle, Ordered that y° Justices of that County have notice given by y^ Secrt", to Inspect the same, and give Report thereof to this board. The Petition of John day and R'^ Orme, desireing a Justice of y* peace might be made at y" oper end of the Towne, was read. The board reply'd they would take it into Consideration. Motion being made to this board of a Necessity of a Comissionfor a SherrifF for Bucks County, Ordered that Nich. Walnc have Comission for y^ same. Ordered that George Martin have a Comission for SherrifT of Kent County. The Petition of Rich'^ Ingelo Concerning his money due to him from y" Governm', was Read. Ordered y' the Secretary make application to y'^ Comiss"^ Impow- red to dispose of Land, to Grant y" said Rich** Ingelo Eight hundred Acres, for w'^'' Each County will Pay the Gov"' fiveteen pounds, all w"''' will be ninety pounds, the w"''" ninety pounds, and sixty formerly payd, will be in full satisfaction of all accounts with him. The Petition of Wm. Daring being read for y'^ Release of his Serv" out of New Castle Prison, Ordered y' the Secretary Issue forth a Warr' to y" Sherriff of New Castle County, to deliver the said Serv'' to their Master, Capt. Wm. Bearing, he giving under his hand for their appearance before y'' Councill the 7* Inst., and that y" Sherriff give notice to Hanse Peter- son to be here also. Ordered y' y" Secretary send to y° Sherriff of New Castle County, to Summonss y'' Councellors that one of them be at Councill y° 10'" Inst, by nine in y'' morning. The Councill finding occasion to have a watch kept in this towne, Ordered that it be recomended to y" Justices of this Towne to take care of y" same. Adjourned till y^ 10"" 1st. by nine in y*" forenoone. At a Councill held at Philadelphia y" 10"'of y"^ 5'" Mo., 1685. present: THOMAS HOLMES, Presid'. Chris : Taylor, Wm. frarnpton, Wm. Markham, Secre. Adjourned till Three in y' Aflernoone. POST MERIDIEM. present: THOMAS HOLMES, Presid'. Chris : Taylor, Wm. Wood, Wm. Southersby, John Cann, Wm. Frarnpton, Wm. Markham, Secre. 94 MINUTES OF THE The petition of Robt. Hutchinson Concerning the attachment of a horse being read, is refered to y" BenefRt of y" Law. The Petition of John Boult being Read, against Countrey butchers bringing their meet to towne on other days than Marquett days: The answer Referred till to-morrow. The Complaint of Wm. Bearing, M" of y" Ship Wrenn of London, against the Illegall proceedings of tlie Judges Nich. Moore & Rob' Turner, against his servants at y*" Circular Court at New Castle, y' 1" Aprill, 1685, being read, and Hanse Peterson not appearing accord- ing to y" minutes of 4* Ins', reply was made that John White appeared for him; upon w'^*' John White was Called and asked if he knew any thing Why Hanse Peterson did not appear before y^ Councill upon warning given him by y' Sherrift', at w** he produced a letter of Atturney from y^ s"* Hanse Peterson for his appearance for him, and afler much dispute about Wm. Bearing's Complaint, it was proposed that Patrick Robinson should be sent for to produce y*" Records Con- cerning Capt. Bearing's men, wherupon Wm. Bearing produced a Coppy of y' same, as he had formerly gott from Patrick Robinson, attested under his hand, w* was read; In w'''' there was mention made of one John Hollingsworth that had taken severall Testemonies or Evidences therein, to w** both John Cann dz; John White declared that there was no such person in the Countrey. John White made several objections against that Record of y' Cir- cular Court, as y" manner of y" Indictm' and y" Judgm'^upon them^ but they asked wether Hanse Peterson would be satisfied if he were paid for y" Single Hogg, he answered in y^ Affirmative. Then he was desired to withdraw : then the Councill began to Con- sider w' to doe; some doubting his last answer, would have John White Called againe, and being asked whether Hanse Peterson would be Contented to have only y^ reall vallue of one hogg paid him' for all his demands. Viz': twenty and three Shillings, he answered he would ; then absented. The Question being put whether the Sentence of y^ Judges against Jno. Harrison, Tho. Pringle & Geor. Amble, Imprisoned for Hogg steeling, should be remitted, it was past by y" Major Vote. Adjourned till 7"" The next morning. At a Councill held at Philadelphia y^ ll'" of y= 5*^ month, 1685. present: THOMAS HOLMES, Presid'. Chris: Taylor, Wm. frampton, Jno. Cann, Wm. Southersby, Wm. Wood, Wm. Markham, Secre. The Gov" Comission to Impower y^ Councill to Chuse President out of themselves, in y^ absence of Thorn. Lloyd, was Read : Ordered to be Recorded. PROVINCIAL COUNCIL. 95 The Question was put by the Presid', whether y' Cause formerly depending between Hanse Peterson in behalfe of y* King, Gov' and himselfe, (so worded in y" Records of y'' Prov" Circular Court,) & John Harrison, Tlio. Pringle & George Ambler, w* had a hearing at y" last Circular Court held at New Castle, shall have a full hearing at this board or not ; It was agreed by all it should. Ordered that y^ Secretary send a Warrant directed to y^ Sherriffs of y" four opper Countys, personally to summons all the members of Councill for their respective Countys, to be at Councill on the 28th Inst. Capt. Wm. Dearing Comand' of y'' Ship Wrenn of London, Inters into recognizance of Twenty pounds for y' bringing his two Serv" John Harrison & Tho. Pringle, before this board y*" 28"" Ins", and from thence not to depart till by order of y"^ board. Ordered y' y"" Secretary Send a Summons to Hanse Peterson to appeare in Person before this board y" 28"" Ins', upon y" penalty of y" forfeiture of one hundred pounds upon failure: And that y*" Secref send an Order to y* Sherriff of New Castle County, to deliver unto Wm. Bearing his Serv'', Geo. Ambler, to be brought before y'' Councill y" 28"' Inst., y'' which Serv' was mentioned to be delivered to his said l\Iaster by warr' from this board, dated y= 4«i s'l" month, 168.5, as being one of y" Servants mentioned therein, but was not delivered accordingly. The Petition of Sam" Carpenter was read, Concerning an Execu- tion he had against Socyety and James Claypoole, being mentioned therein, it being obteined at a prov" Circular Court Signed by John Eckley, one of y" Judges. James Claypoole was sent for and y" Peti- tion v/as read to him, to w'^'' he made answer that he had appealed to England, but Sam" Carpenter denyed it to be an appeale, since there was no Security given. Jam. Claypoole made answer that he was ready to give security. The Execution was ordered to be read, the w'''' being denyed by James Claypoole to be an Execution, Patrick Robinson, y" Clarck of y" Prov" Circular Court, was sent for, who produced the Records of the said Court, wherein y" Judges allowed an appeale to England upon Security given ; but no security being given, a Judgm' was Issued out against y" Society. Jam. Clay- poole desired y'' Councill would take his Security. The Councill refused. Denying it should be given out of that Court y*" action was tryed in. Sam" Carpenter Complayning that y" Execution was signed but liy one of y" Judges, Viz' : Jno. Eckley, and y' Wm. Clark was y' other Judge, and y' he had refused to sett his hand to it, notwithstand- ing he had given his Judgm' for it in Court. Ordered y' the Secre. send a Summons to Wm. Clark to appeare Ijefore this board y° 28"" Inst., to give his reason why he refused to signe y*" Execution against the Society, he being one of y" Judges of that Court, and past his Judgm' in Court for it, or to send his rea- sons up under his hand, by y'^ aforesaid day. The Petition of Wm. Southersby, who wish Wm. Berry were by 96 MINUTES OF THE appointm* of y' Gov', administrar on y'' Estate of francis Whitwell, deceased, was read, Requesting the Councill v/ould give them reasona- ble satisfaction for their paines and troubles ; and y' seeing y'^ debts are more then the Estate can bare, desires how the widdow shall be disposed oft^, and whether any of the Estate may be reserved for her. Answer : When y'' accounts are brought in y^ Councill will Con- sider of it. Adjourned till y' 2S* Ins'. The 21'" of y-^ 5* month, 1685. Severall Indians made Complaint to y*" Secre of abuses they receiv- ed from y^ servants of Jesper ffarmer, at y*" said Jesper Ifarmer's Plantation, Viz*: their makeing y'' Indians drunk, then Lying with their Wives, and of their beating both men and their wives. The Secretary tould them by the Interpreters, Lacy Cock, that y' Coun- cill would sitt on y^ 28"" Inst., and desired they would be there then, and y" Serv*' should be sent for ; but they telling him they could not Stay so long from hunting, but desired it might be on y*" 24"" Ins', and then they would taulk about y" Land not yett bought. The Secre- tary Sent a Summons to y'' Serv'' by y'' SherrifF, to appeare y^ afore- said 24"" day, dated y^ 21'* Ins', and likewise sent a Letf to Capt. Holmes, Presid' of y'^ Councill, to acquaint him of it, date y'^ 22'* Ins', sent by y" SherrifF to Capt. Holmes' plantation. The 23* of y^ 5*^ Mo., 1685. Capt. Wm. Bearing, M"" of y*" Wrenn of London, desired of y" Secret*' two Summonses, *one for Robert White, y^ other for Rob'Rob- erts, to appeare before y'^ Councill y' 28"" Ins', as witnesses on his behalfe, in y*" differance between his serv" and Hanse Peterson ; was done & Entered. The 24'" of y" 5"> Mo., 1685. Wm. Haigue Request y" Secref^ that a hue and Cry from East .Tersie, after a servant of Mr.- John White's, March' at New York, might have some force and authority to pass this Province & Terri- toryes; the Secretary Indorsed it and Sealed it with y" Scale of y" Province. PROVINCIAL COUNCIL. 97 The 27'" 5"' Mo., 1685. The Indians y' made Comi)lauT[t against SeiV of Jasper farmer, on y' 21"' Ins', and appoynted y" 24"" for a hearing before y* Councill, the Indians mistoolve y*^ Day, & came not till y"" 25"" Ins', and y" Sherritf Messenger, with y^ Summons to Jasper farmer's Ser- vants, Loosing his way in y^ woods, returned without Summonsing them to appear, upon both w''*' Disappoyntments, the Indians Conchi- ded to appear y' 28 Ins', and accordingly y*" Secretary sent a Sumons to John Skull, overseer to Jasper tfarmer's Serv", for him and y' Serv" to appeare, Especially John Below. At a Councill in the Councill Roome at Philadelphia y' 28" 6'" Mo., 1685. THOMAS HOLMES, Presid'. Wm. fframpton, Jno. Cann, Nich. Newlin, Jno. Symcock, Tho : Janney, Wm. Markham, Secre. Mai^ Dyer Came to y" Councill, andtould y' he presented himselfe before them according to his Instructions to take an oath, as that had directed him to doe before he Entred into his Office of y' King's Col- Iccf of his Customes in Pcnnsilvania, and turned to y' Clause in his Instructions & y" Secref*' read it to y^ Councill, with his C omission from y" Comiss"^ of y^ Customes, and y^ Coppy of y*" Lords to thern to grant it, Coppys of w"'' both were left. The Councell tould him it was against their methods to take an Oath, but if he pleased to be attested, according to y" Laws of the Province, they would attest him: he made answer, he understood that before, and Expected no otherways, for it was what he had done in East Jarscy. Then he was attested thus : Thou dost Solemnly declare in y" Presents of God, and before this board,that thou will truly and Justly performe y'' office of y" King's Co- lecf of his Customs in y'^ Province of Pcnnsilvania, according to y" In- structions he Received from y" Comiss" of his Majesty's Customes. Maj'". Dyer produced a Coppy of y" King's Proclamation Concerning tlie Plantion trade, w'^^ was read and left with y' Councill. His Comission for Survey"" (jen" of his Maj'^ Collonys and Planta- tions in America was read, and y" Coppy Left. Then was Read Maj''. Dyer's Instructions both for Survey"" Genall of all his Maj" Collonys & Plantations in America, & for Collec'^of Ca- saria, Pcnnsilvania and New Jarsey. In one Paragraph of his In- structions for Collector, he was directed to leave the Coppy of them w"" y" Gov"", for w"*" he desired at present to be excused, he being in great haste goeing to New Yorke, and they would take up much time Coppying, but Intended shortly here againe, then would present them with one. 98 MINUTES OF THE Maj'. Dyer brought with him bclbre y^ Councill one Christopher Snowden, telling them that he intended to make him his Deputy Ser- cher and Wayter of his Maj" Customes in Pennsilvania, and desired he might be attested accordingly, to performc his office as usuall, w** was don. A Letter from Wm. Clark, no date, in answer to a Summons sent to him baring date y^ll"' 5 month, 1685, was read. Sam" Carpenter being present, who desired y" Opinion of y'^ Coun- cill whether James Claypoolc ought now to give in Security and ap- peale for England or not: if lie ought, he desired it might be done forthwith, for there he said he hoped to have some redress; or if ofy"" Contrary opinion, begg'd that he might have Speedy redress here. Then Sam" Carpenter was asked whether any body had Refused to Execute that Execution: answered no, for he had not tryed any with it yett. Then y' Councill gave their Opinion that Wm. Clark's letter Con- firmed y*" Execution, he only objecting against y^ Wording it, the w''' in his Sense, seemed to be as well against James Claypoole as against y" Goods of y^ Society, w'''' to them appeared otherwise, Viz' : that James Claypoole was only mentioned therin as y^ Person y' managed y^ Cause for y" Society. Sam" Hersent, y" Sherriff", being at y'' Doore, the Councill Called him in & asked him if he refused to serve y" Execution of Sam" Car- penter against y'' Society; who made answer he never saw it. John Skull appeared with y" Servants of Jasper ffarmer, according to a Summons bearing date y*" 27"' Inst., but y*" Indians being drunk in y' woods, &. the Servants declaring they were affi'aid to goe home before y'' Buisness was Ended, y*" Councill ordered they should Stay in Towne till y' next day, when y*' Indians were to be in Towne to Receive pay for y" Land bought of them. Adjourned till Three in y'' afternoone. POST MERIDIEM. prese^jt: THOMAS HOLMES, Presid'. Wm. fframpton, Edw*^ Green, Nich. Newlin, Jno. Symcock, Jno. Barnes, W^m. Markhani, Secrc. John Cann, Tho. Janney, Wm. Dcaring being called, desired leave of the board that Charles Pickerin might speake for y" Servants, w''' was granted. The Council! requested y' y^ Secretary give a Comission to Sam" Carpenter, By y*" Virtue of his Comission to be Deputy Threasurer. A Letter was Read by y" Presid*, Directed to him from John Rich- ardson, desireing Capt. Holme to Rccomend him to y" Counccll to l<.' High Sheriff' of Kent, in the Roome of Rich. Mifheall, lately deceased, but was refused by all. A Letter was Read directed to y" Councill from John /Brinklow, Wm. Clark, Wm. Berry and Wm. Wimsmore, Recomending Geo. Tarton for y^ place of High Sherriffof Kent County, in y" roome of PROVINCIAL COUNCIL. 99 Rich'' Micheall : Consented to, & Ordered that a Comission be drawne accorduigly, to be in force a Yeare, or till further Order. Ordered that Rich'' Ingelo bring the Bookes, w"" all y'' papers rela- ting to y^ i\Iinutc or Journall of this Councill. or that any wayes Con- cernes us. The Buisness of Wm. Bearing's Servants and Ilans Peterson being called, Appeared Wm. Bearing, Hansc Peterson, and y^ three Serv". Charles Pickerin allowed by y" request of VVm. Bearing to speake for the Serv''; and John White, by request, was allowed to speake for Flans Peterson. John ^Vhite being asked what he had to say against the Serv'' of Wm. Bearing, Said that they were noe Befend**, for y' they were well satisfyed w"" y" Judgm' the Court had given against them, and there- fore, they expected a Charge from them ; and that if Hanse Peter- son should give a Charge against y" Serv", he was not prepared with his Evidences, not knowing that it would be tryed over againe. And Hans Peterson himself said, that notwithstanding he endeavoured to bring his Wittnesses but they refused to Come, and he knew not how to force them, being Ignorant of y" Way, since a Justices Summons was not a Sufficient \Varr' for appearance before y" Councill. Then Charles Pickering did alleadg y' y^ Serv'' wereTrappand by Hans Peterson, who some dayes before y" Court,bidd them not appear there, promising them not to appear to prosecute them, by w^'' deceit they were unprovided for a deffence. John AVhite made answer that that could not be, for y' Hans Peter- son was bound in bonds not to prosecute them. To prove Charles Pickerin's allegations : Rob' White was called for and attested to declare what he knew of y^ matter ; who said y' in his hearing Hanse Peterson tould Wm. Bearing, that he would Cleer them and bring them off, and y' he need not to appeare. Hanse Peterson desiring he should be asked what time it was he heard him so, made answer he had forgott, but as well as he can remember, it was about six days before y*" Court. Then falling into a Contraversie about y" Legallity of y" Indictment, w'^'' was grounded on y" 96 and 164 Chap' in y" Laws, it was ordered to be Read, and approved of. Charles Pickerin desired Wm. Bearing should be attested to declare that Hans Peterson had said to him about his servants. The Councill ordered them to withdraw, and then debated whether y^ M' being Concerned, should be attested as an Evidence. They gave their opinions he should be attested, w""" was accordingly don ; and then declared y' Hans Peterson seeing him look angerly, bid him not be angry, for that he would bring his Serv" off, and y' he was sorry for what he had done, &, y' it was don in his Passion. Edv/ Green was attested to Beclare what he knew of y" Matter, declared : That some Time last Winter y^ M' Invited him on board, and goeing both together there, thev found Hans Peterson's Wife Avith some other women : a Short time after Can:e Hans Peterson on board, w"' a 100 MINUTES OF THE Complaint that some persons belonging to y'' Shipp had Killed his Hoggs : That Hans's Wife did then declare y' y^ person that killed the hogg had before acquainted her with his purpose of doeing it, and after y*" hogg was Killed, did give her notice therof, that his Master might be Charged with it, the Master having before agreed with Hans for pork for his men, and y' she tould him he might Carry it on board ; and lurther saith y' y" s"* Hans did at y*" same time owne y ' v" s'^ M' had spoak to him to lett him have some fresh pork for his people, and y' he had promised they should : and iiirther, that y" s'' Hans said that provided he was pay'' for his Hogg he Would be con- tented, & y' y° Master agreed to doe it. Cornelius Empson Was attested to declare what he knew of y" ])uisness, who said that when he had blamed Hans Peterson for In- dicting y^ Servants of Wm. Bearing, when they had tould him before they would kill one of his Hoggs, he made answer that he was too liasty in it, but should bring them off well enough. Then they were ordered to withdraw, whilst y' Councill should debate y'' matter, but Immediatly Stepd in Abraham Man & John Blunstone. Abraham Man began thus: Wee arc come in y" name of y*" free people, to know whether you have not forgott yourselves in not bringing Judg Moore to a Tryall. The Secretary asked him for his Petition. Abraham Man made answer, that they did not look upon themselves obliged to come by way of Petition, considering whome they Repre- sent: after some Sharpe repremands, from y* Councill, they withdrew, and then y* Councill Adjourned till 7 y" next Morning. At a Councill in y^ Councill Roome at Philadelphia, The 29" of y'^ 5 "•month, 1685. preseivt: THOMAS HOLMES, Presid'. Wm. flrampton, Tho. Janney, Edw'^ Green, .Tno. Symcock, Nich. Ncwlm, Wm. Markham, Secrc. John Barnes, The Petition of Joseph Massey, M' of y' Ship Grayhound of Lon- don, was Read, setting forth his Carpenter's absenting himselfe from his service, requesting a warr' to serch for him in any suspected place of Concealing him : granted liim, and that if apprehended, he be brought before y" Councill, to be dealt withall according to Law. The Petition of James Sanderlin's and Neals Lawson was Read, Complayning that they Could not have their Lands Resurvey^ in the towne Ship of Chester, alias Upland, according to an order from y' Go vernor. Appointed to be heard y^next Sitting ofy' Councill, and a Sumons. PROVINCIAL COUNCIL. 101 to he sent to Charles Ashcome, Deputy Survey'' ofye County of Ches- ter, to give his reasons why he hath not ohcyed ye said Warr': and notice to be given to James Sandcrhng and Neels Lawson, y' they may then appearc. Charles Pickerin, John White, Wm. Bearing, Hans Peterson, and y'^ three Servants of vYni. Bearing being Called, all of them were asked whether they would leave the whole Buisness & Ditierence be- tween them to what y" Councill should order, orthatthey would have tryd by law. They all agreed to leave it to this board to doe what they pleased therein. 'I'hey were Ordered to withdraw, and then y* Councill Debated ahout it, but it being urged that y^ parties Concerned had not bound themselves in any penalty to Stand to their Order, they were Called in againe, and Hans Peterson Enters into Recognisance to y'' Gov"' of l(*nn pounds to Stand and abide by y"" Ord"" of y'' Councill. Wm. Dearing Enters into a Recognizance of tenn pounds to y^Gov' in behalfe of his Serv'' that they shall stand & abide by y' Order of y" ( 'ouncill. They were Ordered to withdraw, and after debate y^ Councill Con- cluded thus : That y^ Master Wm. Dearing, pay in behalfe of his three Servants, unto Hans Peterson, one pound three shillings, for y ' Hogg they killed of y" said Hans Peterson ; And that Hans Pe- terson pay five pounds and tenn shillings, one pound tenn shillings whereoff, is to be payd to y'' Secretary, and four pounds to y" High Sheriff of New Castle County, towards Charges, and that they release one another under hand & Scale, and y* three Serv'" goe quietly about their buisness. John Blunston & George Maris, Came to renew their former de- sire in behalfe of y" Assembly, y' Patrick Robinson might be removed out of his Publique Offices, and that y" Tryall of Nich. Moore might not be delayed. The Councill answered, that as soone asPresid' Lloyd, was come from New York, (\vho is Expected the next week,) they would give them an answer, but at present Could not. In regard, Patrick Robinson was his Deputy in y*^ Office of M'' of Y= Rolls. Ordered that VVm. Stockdalc and Cornelius Empson, have a Com- mission forthwith to be Justices of y" Peace for New Castle County, their Comission to stand in force for one year, or till further Order. Adjourned till three in y" Afternoone. rOST MERIDIEM. The Same Members of Councill mett this afternoone. &: Adjourned till further order. 102 MINUTES OF THE At a Councill in tlie Cotmcill Roome at Philadelphia y' 19* fJ* Mo., 1685. pkesent: THOMAS HOLMES, Presid'. Chris. Taylor Wm. frampton, Wm. Markham, Seere. The Petition of Rich"^ Blackleach of New England, March', was read, setting forth that Benjamin Chambers of Philadelphia is Indebt- ed unto him y" sume of fourty and one pounds, and of his necessity of being suddenly at home, y' he could not without prejudice stay till y" Court in its proper time should sitt, therfore Craves a Special 1 Court. Ordered y' a Comission be made for y" same to be held on y ' 24"' Ins'. Directed to y" Justices of Philadelphia County, or any four of them. Adjourned till further Ord', The 24'" 6'" Mo., 1685-. Information being given to y*" Secretary by Sam" Land, that by y" Death of one Lewis Davis formerly of New Castle County, his Estate for want of Heirs, and Dying intestates, fell to y" Gov"', and that if not timely prevented, others would Administer upon it, to y" great Damage of y*^ Gov". The Secretary did give a Warr' to y'' Sherriff of y*' Coun- ty to take into his possession all y'^ Estate, both Reall and personal!, 6c to send y" account thereoff to y*^ Presid' & Councill, to be disposed oft" as they shall think fitt. At a Councill Especially appointed for y" Nominating of Judges at y^ Councill Roome at Philadelj^ia, The 14'" 7'" month, 1685. present; THOMAS LLOYD, Presid'. Tho : Holmes, Phin: Pemberton, Jno. Barnes, Jno. Symcock, Chr: Taylor, Wm. Markham, Sec re. Wm. frampton. Agreed that a Comission be drawne for Three Judges, Viz': James Harrison, James Claypoole and Arth. Cook. Ordered The Comission be drawn forthwith. Adjourned till y^ 16'" Ins'. PROVINCIAL COUNCIL. 103 At a Meeting of y*" Councill in y* Councill Roome in Philadelphia The 16'" 7'" Mo., 1685. present: THOMAS LLOYD, Presid'. Tho. Holmes, Wm. frampton, Phin. Pemberton, Chris. Taylor, Wm. Southersby, John Barnes, Jno. Symcock, Wm. Wood, W^m. Markham, Secre. The Minutes of y'Councills from y'= 28'" of y^ 5* Mo. was Read: and wheras, on y" 29"" of y^ s' Mo., John Blunston &, George Maris tould y^ Councill that they came to renew their former desires in y'^ behalfe of y^ Assembly, &c. The Councill at y' time gave them answer, that as Soon as Presid' Lloyd Came from New York, who was Expected y^ next week, they would give them an answer. The Councill did now order this answer to be Recorded: That Nich. Moore being at this Time under a Week and Languishing Con- dition, and not under promising hopes of a Speedy Recovery, so that at present they Cannot give any Certaine or deffinitive an- swer. The Petition of Rich** Ingelo was Read, Requesting y" Councill y' y^ Tenn pounds allowed him out of Each County for his service don y" Contrey, they would be pleased to order might be forthwith payd. Order y' Each County pay him y^ next month, without further delay, and y' he address himselfe to y* members for Each County for y" Performance of y" same, provided that he bring in y^ minutes of y'' Councill, ffairly Drawn out. The Petition of James Sanderling & Neels Lawson, w'*" was Read y' 29"" S"" month last, was now Read againe, Complayning that they Could not have their Lands Rcsurveyed in y" Towneship of Chester, according to an Order from y'' Gov''. The Petitioners and Charles Ashcome, being Deliberately heard before y' Councill, the board Generally Concluded y' y° Omition of y' Deputy Surveyor was not justifiable. And y" Petitioners further Complayning of wrong & Injustice don to them, as being two of y" six Claymers of their allottment in Ches- ter, Alias Upland Township, by Charles Ashcome, y'' Deputy Survey', Surveying of Land Contrarj^ to Warr', the first for Charles Picker- in, in Right of Eustas Anderson, near y° supposed bound of Upland, & a second Warrant for Charles Pickerin, for part of Ids purchase, w'"' being from y^ Survey"" Genall, only to be Executed upon land as neare as Could be to Upland, &: not in y^ township of Upland, and therfore the Councill unanimously Conclude that Charles Ashcom's serving of these W^arrants was Irregular, and whatsoever was done hereupon, Wee Cannot Conceive Valid. The Petition of Mary Mason, Widdow, was Read; Requesting y" Councill to Confirme y'= Sale of Lotts and Lands sold by y"' said Wid- dow, by y' Gov'^ Verl^all order, to pay her Desceased husband's Debts, and for subsistence of herselfe and Children. 104 MINUTES OF THE James Harrison being present & attesting y" truth of y* Order, and she declaring y' y" Land sould was y** Citty Lotts, and y" Liberty Land, and but two hundred Acres out of one thousand, and not y' Land y' was Improved; y*" Council! ordered a Confirmation. The Councill adjourned till six to morrow morning. At a Meeting of the Councill in y" Councill Room In Philadelphia y^ 17"'ofy'=7"'Mo., 1685. PRESENT : THOMAS LLOYD, Prcsid'. Tho: Holmes, Wm. frampton, Phin : Pemberton, Jno. Symcock, Wm. Wood, Wm. Markham, Secre. Chr. Taylor, Ordered y' a Proclamation be Drawn and Published forthwith, to reinforce y'^ Law made at Upland prohibiting y^ sale of Rum, brandy, & other strong Liquors to y" Indians, under y'' penalty therein Ex- pressed, and y' all Magistrates take notice thereof, and put the same in Execution. Upon y^ Reading y"^ Petition of Philip Thleman against Tho: Mas- ter, for his not performing his Contract in building a house for y' $'' Phi. Thleman, Ordered y' both parties be heard before y" Councill. Complaint being made by Henry Lewis, Jolm Bevan and others, in y" behalfe of y° Welch friends, that their Lines runn out Regu- larly, according to y^ Gov'^ Warr', were notwithstanding, by Charles Ashcome, Deputy Survey' of Chester County, his undue Execution, of severall Later Warrants, prevented from y° quiet Enjoym' of y' tract that was legally __ laid out for them. The Board, upon y'' hearing of y" same, ordered y' Charles Ashcome be required to prepare and bring in to y" Councill a Draught by a scale of a 160 perches in an Inch, for all y*" Lands Surveyed and Laid out by him Westwardly of y'= N. N. W. line, runn By Ralph ffretwell and himselfe, and to attend the Councill & Comiss'' with it y" next Third day, by y' 9* hour in y" forenoone, for y" Speedy Composing y^ Dif- ferences & ascertaining y" lines between y'' Chester ffriends and others, and y" Welch friends, & in the meantime to Survey no more Land until further Ord'. The Councill adjourned till further Order. PROVINCIAL COUNCIL. 105 At a Meeting of the Council in The Councill Roome In Philadelphia y« 22"- 7'" Mo. 1685. PRESET>!T : THOMAS LLOYD, Presid'. Tho : Holmes, Wm. frampton, Wm. Wood, Chr: Taylor, John Barnes, Wm. Markhani, Secrc. In Complyance with an Order of Councill, Dated y' 17"" Ins'., Charles Ashcome appeared and brought a Draught of y° Settlement upon y** West side of y'^ line Runnout by Ralph llretwell & himselfe : y" Councill upon perusall and observation of y^ same, and Compar- ing the lines thereof with a Draught made up by y" same Scale by David Powell, of y" Tract surveyed by him in behalfe of y'^ Welch friends, have recommended y° adjusting of y" Disputed bounds, and accomodating the Differences thence ariseing &; further likely to En- sue, unto y" Councill and Comiss" Joyntly, at their next sitting. Thomas Holmes acquainting y" Councill y' not withstanding the Gov" Express Orders to Charles Ashcome upon his going for Eng- land, under his hand, and by his Letter since, of his Complying with y" Gover" Determination of y" Differences between them, & that Charles Ashcome was to. Continue in his place, under Tho. Holmes, for so he was and so he must be, (were y'' Gov'" words,) in Case he will behave himselfe, and did make Exact Returns, &i pay to y'' Sur- vey"" Genall share of ffees. The Councill proposing these termes to Charles Ashcome, and he not Complying to y'' satisfaction of y' Councill, they have agreed to Continue their Order to forbid Charles Ashcome to Survey any more land in y" County of Chester, till ho submitt to y" Gov'"' Instructions, or bo Impowred by the Councill and Comiss" to proceed further. Phil. Thleman's Petition against Tho. Masters was Read. Ordered y' Tho. Masters be sent to to attend y" Councill in y" after- noone. Wheras, James Harrison, James Claypoole & Arthur Cook, were nominated by y^ Councill y' 14"" Ins', to be Prov" Judges, & orders given to prepare a Comission to Authorize them to act thereby on y" 24"' Ins', and y" 24"" of y'' next second month, but James Harrison, & Arth. Cook being informed thereof. Desired Ernestly to be Excu- sed therein, and Declared their utter Indisposedness thereunto; and James Claypoole being prevented by great Illness from serving there- in, y" Councill, upon further Consideration have, in Order to answer y" due Expectation of such persons who are Concerned in appeals, Unanimously agreed to Shew their Readiness & Willingness in Re- ceiving such appeales w"'' are to be brought in to y" Secretary's Office, & to give their further attendance in Councill to Deside Differences w''' are to be Determined y' 24"' Ins', being y^ Day the Prov" Court was appoynted to Sitt. The Councill adjourned till 3 in y' afternoone. 106 MINUTES OF THE POST MERIDIEM. The same Persons Present. John Rambo, y" son of Peter Rambo, being accused of fornication before the Councill, was bound over to y'' next County Court at Phila- delphia, his father, Peter Rambo, and his Brother, Gunner Rambo, he produced for Security, w"^ was accepted. Peter Rambo y" Elder, and Gunner Rambo, Joyntly and Severally Enters into recognizance of five hundred pounds. Currant Money of this Province, to y" Proprietor and Gov'', that Jno. Rambo shall per- sonaly appear at y^ next County Court to be held at Philadelphia, to answer an Indictm' against him for foi'nication and other misdemean- ors, and he not to Depart from y^ Court without being acquitted, or leave from y° bench, otherwise to forfeitt his bade. Information being Given to y' Councill by Capt. Cock, of y' Indians' willingness to sell all their right & Claime to the Land between Upland & Apoaquinamy, as farr backward as they have any Claime thereunto, and that they proposed a meeting at Widdow Scalcop's on y" SQ"* Ins', in order to treat about y' same : The Councill thought lit to order Capt. Tho. Holmes, John Symcock, & y° Secretary, or any two of them, to be at y"^ place afores'', w"' full power to treat and Com- pleat y^ purchase w* them, and to Call to their assistance what mem- bers of y^ Councill can Conveniently be there The Councill adjourned till 7 to-morrow morning. At a Meeting of the Councill in y" Councill Roome at Philadelphia ye 23'i' 7'!. Mo., 1685. present: THOMAS LLOYD, Presid'. Capt. Tho. Holmes, Wm. frampton, Wm. Markham, Secre. Chr. Taylor, Jno. Barnes, Ordered that a Comission be drawn forthwith for James Bradshaw, to be Chief Survey'' & Chief Register of y' County of New Castle, to be in force till y*" Gov"^ pleasure be further knowne. The Petition of Henry Reynolds against Tho. Usher, Justice of y^ Peace for y" County of Chester, Complayning that y^ s'' Tho. Usher had Imprisoned him by his Warr' to y" Sherriff only upon y' bare word of his accuser. Ordered y' a Coppy of y^ Petition be sent to Tho. Vsher, and that he make Speedy answer to it. Ordered y' Notice be given by writing, sett up at y° Gate, That the Councill will sitt to-morrow in y"" forenoon by y'' 9"" hour, to Re- ceive Complaints and Grievances. The Councill adjourned till to-morrow, Eight in y^ forenoone^ PROVINCIAL COUNCIL. 107 At a Meeting of the Councill in y*" Councill Roome at Philadelphia y'24"'7"' Mo, 1685. PRESENT : THOMAS LLOYD, Prcsid'. Capt. Tho. Holmes, Wm. frampton, Wm. Markham, Secre. Chr: Taylor, Ed w'' Green, The Petition of Edw"* Evaret was Read, Requesting his money due for wayting on y' Prov" Judges with his Boat, in the Goeing their Circuite. Ordered that he bring in his Contract and Certificate relating to it, & then y" ('ouncill will give their Answer. The Petition of Peter Gronendike was Read, setting forth that whcras severall people, and perticularl)'- Wm. Clark, have obtained JudgnV by Petitioning y" County Court of Sussex, against the Estate of Cornelius Verhoof, Deceased, without Summonsing y" Petitioner, who is Executor to y*" said Verhoof, and have served Execution ther- upon, notwithstanding y^ Petitioner did Publish some time before, v' if any person had any accounts against y" Estate of Cornelius Ver- hoof, Deceased, they should bring it in to y^ Petitioner, and that Iw^ would Endeavor to make satisfaction. The Petitioner beggs y" Coun- cill for Redress against such lUegall proceedings. The Councill Considering y'' Complaint, doe Judg y^ Proceedings a grievance, and not Justifiable by our Laws, though it hath been y" practice of y^ Lower Counties to grant Judgm' against y" Estates of Deceased persons without precedent Summons, only the partys Peti- tioning the Court and proving their Debt was sufficient. Information being given to this board y' Tobiah Leach tould an Indian Woman that y'' English would sell them no more powder nor shott, but did intend to Cutt them all off. The Board Ordered that y" Secre- tary send a summons to y^ s'' Tobias Leech to appeare forthwith be- tbre them, to answer to the Information. Phil. Thlcnraan put in his apeale (from y" County Court to v" Prov" Court) to y" Councill. Ordered that a Summons be sent from y'' Secre. To Tho. Masters, to attend the Councill in y" Afternoon, to answer to y" appeale. The Councill adjourned till 3 in y" afternoon. POST MERIDIEM. present: THOMAS LLOYD, Presid'. Capt. Tho. Holmes, Wm. frampton, Wm. Clark, Chr: Taylor, Edw'' Green, Wm. Markham, Secre. A letter was read from Wm. Darvall, Directed to y" Presid' and Councill. Ordered to be read againe to-morrow, and then to be Con- jiidered off. The Coun-^ill adjourned till To-morrow morning. 108 MINUTES OF THE At a Councill in y" Councill Roomc in Philadelphia y' 25"' 7"" Mo., 1685. present: THOMAS LLOYD, Prosid'. Chris. Taylor, Wm. Wood, Wm. Markham, Secre. Wm. Clark, Edw" Green, Ordered that Patrick Robinson be vvritt to by y^ Secretary, to bring in, or transferr to y'' Secretary's Office forthwith, what appeales or other writings he hath, w'* was to be Determined before y* Prov" Judges at a Court to begin y' 24 Ins' at Philadelphia. Patrick Robinson appeared, and gave an acco'of what appeales he had Delivered to y'' parties Concerned. Tobias Leech Appeared, in Obedience to a Summons sent him from this board y' 24"' Ins', and giving a Credible relation of his Clearness of what was alledged against him, was Dismissed untill further Order. The Councill adjourned till 3 in y' Afternoone. POST MERIDIEM. present: THOMAS LLOYD, Presid'. Chris. Taylor, Wm. frampton, Edw** Green, Wm. Clark, Wm. Wood, Wm. Markham, Secro- The Letter from Wm. Darvall y' was read Yesterday, w"^ had no date, was againe read, adviscing y'' Councill that one Jno. Curtis, -a Justice of y" Peace for Kent County, was accused by John Brinkloe of High Treason, and y' y^ Witnesses were Examined before five Justices of y'' Peace, & y' Curtis upon y^ Examination, was Co- mitted. Wm. Berry, one of y' Justices of Kent County, & George Martin, High Sheriff of y" said County, being in towne, were sent for to y' Councill: the Councill asked them if they knew any thing of Jno. Curtis being accused of Treason, tould y'^ board they were at y*^ Ex- amination: The Councill desired they would give under their hand what they Could remember of y'' Examination; The w*"'' they did. Ordered that a Warr' be sent to y^ Justices of Kent County, for y' Security of Curtis, and sending y'' Examinations with all speed to y' Councill. Henry Reynolds bemg bound at y" last Prov" Circular Court hekl at Chester, in four hundred pounds penalty, to make his personal! appearance before y"^ next Prov" Circular Court held at Chester, if any be, or at next Prov" fixt Court at Philadelphia, to answer to an Indictm' to be Exhibited against him By Wm. Rawson, for Wound- ing, beating and Killing of Mary King, his late serv" maid, as appear- ed before y" Councill by a Coppy of y*" Records from y*" aforesaid Court, The foresaid Henry Reynolds made his personall appearance PROVINCIAL COUNCIL. 109 before y'' Presid' & Councill, in order to discharge his aforesaid obli- gation, where no person prosecuted, Petitioned, or brought any Com- plaint against him. The Councill adjourned till To-morrow Morning. At a Meeting of y*" Councill in the Councill Room In Philadelphia ye o6"> r" Mo., 1685. present: THOMAS LLOYD, Presid'. Chr. Taylor, Wm. frampton, Edw** Green, Wm. Clark, Wm. Wood, Wm. Markham, Secre. Vpon Information giving the Councill that a W^oman in Philadel- phia this morning, Came by an untimely Death, & that Griffith Owen, y^ Coroner, was Incapable by sickness to Officiate in his place, the Councill ordered a Comission for Henry Lewis to be Coroner untill further Order. The Councill Adjourned till 3 in y' affiernoon. POST MERIDIEM. PRESENT : THOMAS LLOYD, Presid'. Chris: Taylor, Wm. Clark. Edw"^ Green, Capt. Tho : Holmes, Wm. frampton, Wm. Markham, Secre. The Petition of Wm. Berry and George Martin, in y^ behalfe of themselves & those Justices of Kent County that Subscribed a request to y" Councill, was read, and also y" Request Requesting that y*" Coun- cill would be pleased to Continue Wm. Clark a Justice amongst them, his Comission from y^ Gov' to be Justice in Generall being Ex- pired. The Councill answered they would Consider of it. The Councill adjourned till y" 28"" Ins', seaven in y^ Morning. Jit a Councill in v*^ Councill Roome in Philadelphia The 28'" 7* Mo., 1685. PRESENT : THOMAS LLOYD, Presid'. Capt. Tho. Holmes, Edw*^ Green, Wm. frampton, Chr. Taylor, Wm. Clark, Wm. Markham, Secre. The Councill Considering y"^ Request of y® Justices of Kent Coun- ty that was read the 26* Ins'. 10 110 MINUTES OF THE Ordered that Wm. Clark's Comission from y^ Prop"'' & Gov', bear- ing date y^ 5"' 6*^ Mo., 1684, for Justice of y'' Peace for this Province and Territories, be subscribed to Continue for one whole year longer, or till further order, and to Sett y*" Seale of y*" Province to it. James Maxfield Requested y° Councill that they would grant him a Lycense to Keep an ordinary in Kent County. Ordered him One. John Brinkloe of y^ same County, requested y" like, and was granted. Phillip Russell had granted y'' same to be kept at Lewis. Wm. Phillips having obteincd a Judgm' against Edw^ Green in y' County Court of New Castle, held y*' 21 & 22'^ Days of y" Last first month, for twenty-seaven pounds three shillings and Eight pence, being y"" supposed Remainder of y'^ purchase money, is owing toWm. Phillips for a Plantation sold by him to y*" s'' Edw"* Green, the De- fend' appealing to y^ Court at Philadelphia. Both parties apcaring before y^ Prcsid' and Councill and Submitting y" finall Determination of y" Difference between them to this board, the Councill upon through hearing of both and of what they could allege in their Respective behalfes. Ordered that Edw"" Green shall at or before y'= 24"' of y'' next tenth month, make Certaine pay of y*" Sum of twenty-two pounds, tenn Shillings, Current money of this Province, unto Wm. Phillips, and that ui)on such paym' as before. The s'' Phillips shall make a sufficient Conveyance of y^ Premises to Edw'' Green, according U ' Law, and that the County Court Charges, &y' Charges of this Board, shall be boare Equally by y" said parties, and upon non-Complyanc wit this order, Execution to be Issued forth accordingly. The matter In Difference between Peter (jronendicke, Plan', & Allex. Humpheris, Defen', upon an appeale from y*" (^ourt of v" Coun- ty of Kent, held y"= 11'" 12"' & 13'" days of y"^ first month, 1683-4, to y" Gov' & Councill Being heard before this board, and thoroughly De- bated, both parties Present, Concluded that y*" Plantive in y" appeale. has paid y" 60001b. of Tobacco in Difference unto francis Whitwell. by order of y^ Deffend'. This board doth therfore order that y" Plan- tif according to his Express Covenants in his bond upon his appeale., pay all y" Charges at this board, and all other Charges to be payd by y^ Def. Wheras, tliere was a difference between Griff Jones & Edw"^ Green, v^*^" was submitted by them to be heard & Determined at this board, and through y*" Indisposition of Griffith Jones he could not appear, it is Referred to y*" next sitting of Councill unless Sooner accomodated. The Councill Adjourned till further Order. At a Councill in y' Councill Roome in Philadelphia y' 5'" 9'" Mo., 1685. PRESENT : Capt. TPIOMAS HOLMES, Presid'. Chr: Taylor, Wm. frampton, Wm. Markham, Secre. Jno. Symcock, Jno. Barnes, PROVINCIAL COUNCIL. Ill The Examination of Jno. Curtis, and Inlbrmation of y' Witnesses taken before y*" Justices of Kent County, was sent to the Councill according to an Order bearing date y** 25"' 7"' Mo., 1685, was Read with a Letter from John Brinkloe, Clark of y^ County aforesaid. Ordered y' a Comission be fortliwith made for Wm. Clark and Jno. Cann, to be Speciall Commiss"^ to Try John Curtis of Kent County, who stands accused of speaking ol" Dangerous & Treasona- l)le words against y" King. The Gov"" Letter to y' Presid' & Councill, Bearing Date v' 19'" 6'" Mo., 1685, was Read. The Petition of y^ Justices of y^ County of Philadelphia to this board was Read, Intreating they would be pleased to take y" Gov"^ Letter into their Consideration, w^^ was directed to y'' Justices of Phil- adelphia. Ordered that all Lyccnces for Ordinary Keeping be forthwith Called in. Ordered y' Publicq Notice be given to all y^ families that lives in Caves of Philadelphia to appear before y^ Councill y*" next sitting. A Petition from y" County Court of Philadelphia was read, setting Ibrth that several 1 servants brought from England in y^ Last Ship that came hethcr, that are to serve in this province, and y' y" Master Intends to Carry them to Virginia, w''' is Contrary to y'' Laws of the Province, Requesting y' Councills Consideration of the same, Ordered y' y'' Messenger give notice to y" M'' of y*" Ship to appear before y'' Councill to-morrow morning. James Bradshaw's Comission for Chief Survey"" and Register of y^ County of New Castle, w'" was ordered y" 23'' 7* Mo. last, and bear- ing y^ same date, was this day signed by the Presid', Capt. Tho. Holmes, with y" Consent of y" Councill. (Tho. Lloyd w"*" was Pre- sid' at y'' time of y^ date of y" Comission being at New York.) The Petition of Joshua Hasting was Read, against Charles Ash- come. Referred to y" next sitting of Councill, and a Sumons to be sent him by y^ Secretary to make his appearance. A Letter from Tho. Usher bearing date y'' 4"' 8"' Mo., 1088*^, was read. Ordered that Tho. Usher and Henry Reynolds have a hearing be- fore y^ Councill y" next sitting. Ordered That Sam" Carpenter be desired to be at y° Councill to- morrow morning. The Councill adjourned till Eight to-morrow morning. ♦Evidently 1685. 112 MINUTES OF THE At a meeting of the Councill in the Councill Room In Philadel- phia y' 6'" 9'" month, 1685. present: Capt. THOMAS HOLMES, Presid'. Chris. Taylor, Wm. framplon, Wm. Markham, Secre. Jno. Symcock, Jno. Barnes, Ordered that James Claypoole,Rob' Turner, Sam" Carpenter, John Jones, Wm. frampton, Patrick Robinson, John Test, Jno. Songhurst, be writt to, Desireing them to come forthwith to the Councill, they havinn- urgent buisness with them about the Subscriptions. The Persons above mentioned all Came to y^ Councill where they Discoursed about y' Subscriptions. Concluded amongst themselves to meet too-ether in y' afternoon, to Consult about methods how to proceed in order to Discharge their Obligation, and give an acco' thereoffat y' next sitting of y^ Councill. James Skinner, M' of y' Pink Rebeca that was yesterday sent to to come before y' Councill this morning, Came with the Indentures of y^ Servants mentioned in y^ County Courts. Petition Read yesterday, they Rann to serve James Skinner from y' Day of y' Date untill their first arrivall in Virginia, or any other part of America, and after, for and during the Terme of four years. Ordered that y'' Secretary give notice to Wm. Clark and John Cann, that they are appointed Comiss" for y' Tryall of John Curtis, that they may prepare themselves accordingly. Ordered that y' Secretary give notice to y'' Sherriff of Kent County to prepare y' County for y" Tryall of John Curtis on y" 24"' Ins', by Comiss" appoynted for that purpose. Ordered a Generall Comission of the peace be Drawn for y'' County of Philadelphia, and to put in these persons following. Viz' : James Claypoole, Wm. frampton, Hump. Murrey, Wm. Salway, John Revan, Lacy Cock, Wm. Wardner, Sen""., Rob' Turner, Jno. Moon. The Councill Adjourned till y^ 16'" Inst. At a Councill held at y" Councill Room in Philadelphia y' 16"' 9'" Mo., 1685. PRESENT : THOMAS LLOYD, Presid'. Capt. Tho. Holmes, John Symcock, John Cann, Chr. Taylor, Jno. Barnes, Wm. Markham, Secre. Wm. frampton. Ordered that a Comission be forthwith made, Impowring Rob' Hall to be Coroner for y*" County of Bucks. The Complaint of y' friends, Inhabitants of Concord and Hertford, PROVINCIAL COUNCIL. 113 against the Indians, for y' Rapine and Destructions of their hoggs was Read. Ordered that y= Respective Indian Kings be sent for to y" Councili with ail speed, to answer their Complaint. The Inhabitants of the Welch Tract Complaines of the same, by an Endorsem' on y^ aforementioned Complaint. The Councili adjourned till 4 in y*" afternoone. POST MERIDIEM. The Councili niett and adjourned till Seaven to-morrow morning. At a Meetina; of the Councili in v° Councili Room In Philadel- phia y^ 17'" 9'Snonth, 1685. prese'tst : THOMAS LLOYD, Presid'. Capt. Tho. Holmes, John Symcock, John Cann, Chr. Taylor, Wm. frampton, Wm. Markham, Secre« J no. Barnes, The Petition of Joshua Hastings against Charles Ashcome, that had been Read y'' 5"" Inst', was Ordered to be Read againe, to w*^ Charles Ashcome appeared, according to a summons dated y'' 6"" Inst'; it was Concluded no proper place to End their Differences it lx?ing matter of Law. The Petition of Tho. Bud was Read, Requesting a Speciall Court to End a Difference between Phill. Thienman & himself. The Councili sent for Phill. Thienman, and advised them both to goe together and try if they Could friendly End it between them- selves, y° w* they did. The undertakers of y^ Subscription Came to y' Councili according to their promise y'^ Sixth Inst', and Presented their Report, with a list of y^ Subscribers and what subscribed, y^ whole amounting to 201, 19,2, to w-^" Chris. Taylor at y'= board subscribed 6, 00, 00. The Councili Comcnded their Deligence, and promised them tljcir further- ance and Assistance therein. The Petition of Sam" Carpenter was Read, Requesting a Speciall Court to try his Servant that Stands accused of fellony. The Councili adjourned till 5 in y"" aficrnoone. POST MERIDIEM. pp.ese^t: THOMAS LLOYD, Presid*. Capt. Tho. Plolmes, Jno. Cann, Jno. Barnes, Wm. frampton. Pef Alrichs, AVm. Markham, Secre. Chr. Taylor, 10* 114 MINUTES OF THE The Case sett forth in Sam" Carpenter's Petition being Consid- ered off, is Referred to y' Due Course of Law, according to his Com- mitment. Tlie Gov" Letter to y^ Magistrates of Philadelphia being Read, bear- ing date y' 26* 5"' Mo., 16S5, by Request of their Petition, Read y' 5"' Inst\ with y^ Letter afores^ and publiq notice being then given to all y' familys living in Caves to appeare before the Councill at their next sitting, but none obeying y' said order ; It is now further Ordered that notice be againe Published that the Councill will put y' Gov" Order relating to y' Caves in Execution in one month's Time. Ordered y' a Comission be forthwith drawne to authorize John White to be Atturney Gnall for y' Prosecuting of Jn" Curtis of Kent County, who Stands accused of Speaking of Dangerous and Trea- sonable words against y^ King. John Cann advising with y' Councill that were as he was Impow- red by this board to Officiate as Register of y^ County of New Castle, in y*" Vacantcy of a Comission, Desire to know whether he may De- liver up the originall papers belonging to y' Office to y'' person Co- missionated, with all other things relating to it. Their advice was that upon his Delivery of what Relates to y'' Re- gister's Office to James Bradshaw,y'' now Register, he take his Receipt, w^ shall be allowed as a sufficient discharge to him. The Councill adjourned till further Order. At a Meeting of the Councill in y° Councill Room In Philadelphia y^ 1» 10* month, 1G85. PRESENT : THOMAS LLOYD, Presid'. Capt. Tho: Holmes, John Barnes, Wm. Markham, Secre. Chris : Taylor, A Letter from John Otter to y' Presid', bearing date y" 26'^ 9'" Mo. last, was Read, Requesting that a Special 1 Comission be granted for y'' Tryall of David Davis the next Court, who is a Prisoner in y° County of Bucks, on suspition of killing his servant. The Councill having Considered the same, and to y*" End that Justice might bespeedly dispatched, and y" Matter being approved of, they unanimously agreed that a Comission be Expeditiously prepared for y*" authorising & Impowring of James Harrison, Arthur Cook, Tho. Janney,Wm. Yardlcy, Wm. Biles, to be special Comiss'^ to hear and Determine all heinous and Enormous Crimes that shall be brought before them in y" County of Bucks, in a Court there to begin on y' 10'" Inst', by them to be held. The Secretary Reporting to y' Councill how y* y' Grand Jury for y" County of Kent Returned by vertue of a Comission directed Spe- cially to Wm. Clark and Jno. Cann, for the Enquiring, hearing and PROVINCIAL COUNCIL. 115 Determining of an accusation of Treasonable words uttered by Jno. Curtis of y^ said County, against y^ King, brought an Ignoramus upon the bill of Indictment Pretiered against him; and further, being in- formed that the said John Curtis was Discharged without good Secu- rity given by him for y' Peace towards y" King, and good behaviour towards all y' King's Liege people. Ordered that Instructions be speedyly sent honc.-^. Directed to Wm. Dervall, Jno. Briggs & Tho. Willson, or any Two of them, whereoff Wm. Dervall to be One, to send for y° s'^ John Curtis before them, and to Receive of him a Recognizance to y" King in y* sum of Two hundred pounds, with two sufficient Suretys, Each in one hundred pounds, Joyntly and severally, for his good abearing towards the King and all his Leige people for y° Space of twelve months, and upon his Refusall, to Comit him to Prison. Ordered that a New Comission be sent downe to y' County of Kent, &. y' Jno. Curtis be left out of it. The Councill adjourned till further Order. At a Meeting of the Councill in the Councill Roome In Philadel- phia y' 9'" 11 '"Mo., 1689*. present: Capt. THOMAS HOLMES, Presid'. Chris. Taylor, Wm. Southersby, Wm. Markham, Secre. Wm. frampton, The Secretary Reporting to y" Councill that in y' Chronologie of y° almanack sett forth by Sam" Atkins of Philadelphia, & Printed by Wm. Bradford, oi" y* same place, there was these words, (the begining of Governm' here by y' Lord Penn,) the Councill Sent for Sam" Atkins, & ordered him to blott out y^ words Lord Penn ; & likewise for Wm. Bradford, y' Printer, and gave him Charge not to print any thing but what shall have Lycence from y*" Councill. Information being given the Councill by Wm. Southersby and Wm. frampton, that severall persons appoynted Justices in y" Comission for Kent County, Dated y^ 10* Hj"'Mo., Last, will not Officiate, and others therin mentioned will but seldome be there, to y" hazard of having not a Sufficient number to Keep Court ; Ordered that a New Comission be Drawn against y* 15"' Inst', In- serting Wm. Southersby, Wm. frampton, Wm. Berry, Jno. Briggs, Wm. Wimsmore, Tho.'Hesherd, Mich. Wotton, Jno' Walker, Tho. Willson. Ordered y' the Secre. give notice to all persons selling strong liquor by Retaile in Philadelphia, bring their Lycences to y° Coun- cill y' 15'" Inst', after w''' time they are to be no longer in force, in order to have them Renewed, if thought fitt, & all persons y' are de- sirous to have Lycence to Keep Ordinarys, may make their applica- tion to y* Councill y' same time. *1685. 116 MINUTES OF THE The minutes of y* Councill of y' 1° 10"^ Mo., was Read, with y" Instruction made thereupon, w'** was presented by y' Secretary to y' Councill for signing. . But the Councill Refused, in reguard it was passed when Prcsid' Lloyd Satt Presid', and y' they knew not what Reasons he had to refuse signing it. Ordered that Notice be given lo as many of y' Councill as Possible, that they meet y" next Sixth day, it being y" 15"' Inst'. Ordered y' a Warr' be made for Jolm Hill to be high Sheriff of y° County of Sussex for one whole year, or till further Order. Ordered that Symon Irons have a Warr' to be Ranger for y'' County of Kent, to be in force for one whole year, or till further Order. Ordered y' a Warr' be made for Jno. Barnes to be Ranger for y" County of Philadelphia, to be in force for one whole year, or till furtlier Order. Ordered y' if Jno. Rhodes have not a Warr' to be Ranger for y' County of Sussex, that there be One made for Henry Bowman. The Councill adjourned till y" 1 5'" Inst'. At a meeting of y° Councill in y^ Councill Room in Philadelphia y' 15"^ day of y'' 11"' Mo., 1685. present: Capt. THO. HOLMES, Presid'. Chri: Taylor, Wm. Southersby, Wm. Markham, Secre. Wm. frampton, The Comissions that was ordered to be Drawn at y' last sitting of Councill, was this day Signed by y'' Presid', Viz': A Comission for the Justices of Kent County. A Comission for Jno. Hill to be High Sheriff of y"" Count}' of Sussex. A Comission for Symon Irons to be CheifF Ranger of y° County of Kent. John Barnes refuseing y*' ^^'arr' for Renger of y'' County of Phila- delphia, y" Councill Ordered Wm. Markham in his Roome. John Roads not being foimd upon Record to have had a War- rant for Ranger for Sussex County, The Comission was signed for Henry Bowman. John Persons, Tho. Persons, and Tho. Dikenson, that were Wit- nesses to a letter of Attorney bearmg date y' 26"" 7"' Mo. Last, Im- powring Andrew Robinson of West Jcrsie, and Wm. frampton of Philadelphia, Joyntly and Severally, from James Wallis, Charles Jones, ju'.. Rich. Crossly, Dan" Guillim, Tho. Taylor, (all of BristoU,) were attested to y" truth of y" same; y" Letter of Atturney was Endor- sed and sealed with y' Province Scale, vid Book Ent. According to y'' Order sett forth y" last sitting of Councill, that Ordinary Keepers within Philadelphia should bring in their Lyccncc PROVINCIAL COUNCIL. 117 on this day, there brought in Tho. Hotton, Tho. Holina, Ge. Barthol- mew, Benja. Chambers, Mary Lichfield, their Lycences and had them Renewed, only Mary Lichfield they granted but for four month, & that was to give her lime to gett in her Debts, & provid herselfe some other way of Living. The Councill adjourned till Eight to-morrow morning. At a Meeting of y' Councill in the Councill Roomc The 16'" ll'" Mo., 1685. presejtt: Capt. THOMAS HOLMES, Preside Chris: Taylor, Wm. Southersby, Wm. Markham, Secre. Wm. frampton, Jno. Barnes, Ordered that y" Summs here Sett Downe be taken as security for Each person against who it stands, for his Keeping good Orders in his Ordinary, with one to be joyned with him. Viz: Wm. frampton, whose house was Lycenced in y' > r. kq Stead of Holiman's Lycence. 5 Tho. Hooton, 50 Benj. Chambers, 50 Alee Guest, 20 Geor. Bartholmew, 20 Mary Lichfield, 20 Ordered y' Joseph Knight have 3 months time given him to sell of the Drink & Provision he has in his house, & afterwards to provide some other way for a Lively hood, & not to Keep Ordinary longer in y^ Towne. Ordered y' a C omission be Drawne to Impowre Sam" Hersent to prossecutc all offenders against y" penall Laws of this Province, &; to search for those y' are on Record Convicted, & prosecute them if y' have not satisfyed y° Law. The Councill adjourned till y' 1'' 12''' Mo. Next. At a Meeting of the Councill in the Councill Room at Philadelphia y« 1" of yM2*Mo., 1685-6. present: Capt. THOMAS HOLMES, Presid'. Chis: Taylor, Wm. Southersby, Jno. Barnes, Wm. frampton, Edw'' Green, Wm. Markham, Secre. 118 MINUTES OF THE Tho Persons appointed by Comission to be Justices for y" County of Philadelphia, bearing date y' 6"" 9"" Mo., 1685, being Summonsed by y" Sherritf to appeare before y'= Council I to be attested, they not having yett satt by Virtue of this mentioned Comission, There appear- ed and were attested : Wm. frampton, Hump. Morry, Lacy Cock, Jam. Claypoole, Wm. Salway, John Baven. Rob' Turner appeared but Refused to be attested, desiring to be Excused ; he would give liis Reasons some other time. Sam" Hersent, Atturney for y'' County of Philadelphia, was attest- ed in to y' Office. The Petition of y' Secretary s was Read, Requesting a Comission to seise Ships & Vessells, Either' by myselfe or by my Warr', directed to whom I shall think fitt, It was granted and a Comission signed. The Petition of Charles Pickerin was Read, about his Land being Survey'd away at Chester. It was Referred to y" Councill. Wm. frampton's Petition was Read, Requesting y'' Removall of y" Caves before his Door, he being about building a Wharfe. It was Granted, and a fortnight's time given for y' Removall of y^ Goods out of y" Caves. Adjourned till y^ S"" Inst' by Eight in y' Morning. At a Meeting of y° Councill y* S'" of y" 12* Mo., 1685-6. PRESENT : Capt. THOMAS HOLMES, Presid". Wm. frampton, Wm. Southersby, Wm. Markham, Secre. Adjourned till further Order. At a Meeting of the Councill in the Councill Roome in Philadel- phia The 30"" of y= first month, 1686. PRESENT : THOMAS LLOYD, Presid'. Wm. Frampton, Peter Alrichs, Wm. Markham, Secref. Edw'' Green, John Roades, The Returne of y° Member of Councill and Members of Assembly for y' Next Ensuing yeare for y' County of Philadelphia was Read, and were : FFOR PHILADELPHIA. ROBERT TURNER, to serve in Councill for y' next three years. PROVINCIAL COUNCIL. 119 ASSEMBLY : John Songhurst, Griffith Owen, John Goodson, James Claypoole, Andrew Binkson, Tho. Duckett. The Rcturne of Sussex County was Read : the Persons Returned were: WM. CLARK, to serve in Councill for y" Next Three Years. ASSEMBLY : Sam" Gray, Hen. Bowman, Albert Jacobs, John Vines, Norton Claypoole, Hen. Stricher. The Returne of Kent County was Read. The Persons returned were : WM. DERVALL, to serve in Councill for y'^ Next Three Ensuing Years. ASSEMBLY : Wm, Berry, Rich"" Willson, John Walker, Jno. Brinkloe, Rob' Bed well, John Bradshaw. Wm. Clark and Wm. Dervall were attested and subscribed there- unto, & then took their places in y^ Councill. Joshua Barkstead's Letter was Read, bearing date 17"' 1° Mo., 85-6, Requesting a Discharge from his Office of Coroner of Sussex County. The Councill Reply'd a Speedy Course should be taken for his Discharge. Adjourned till Eight to-morrow morning. At a Meeting of y^ Councill in the Councill Room the 51 of y*" 1" Mo., 1686. PRESEXT : THOMAS LLOYD, Presid'. Wm. Dax-vall, Ph: Pemberton, Pet' Alrichs, Wm. frampton, John Roades, Wm. Clark, Edw'' Green, Wm. Southersby, Wm.Markham, Secretary. Tho. Janney, Nich. Newlin, The Returne of Chester was Read ; the persons Returned were : JOHN SYMCOCK, to serve in Councill y' 3 Years next Ensuing. FRANCIS HARRISON, to serve in Councill in Room of Wm. Wood Deceased. They were both attested and Subscribed thereunto, then took their places in Councill. ASSEMBLY : John Blunston, George Maris, Caleb Pewsey, Rob' Wade, Earth. Coppock, Sam" Lewis. 120 MINUTES OF THE The Returne from Bucks County was Read; y' persons Returned were: ARTHUR COOK, to serve for a member of Councill for y' three next Ensuing Years. assembly: Joseph Growden, Wm. Yardley, Joshua Hoopes, Will'm Biles, Jno. Otter, Jno. Rowland. Robert Tui'ner Came in to y° Councill, was attested and Subscribed thereunto, and took his place at y^ board. Arthur Cook Came in, was attested and subscribed, and took his place at y" board. The Councill appointed a Comittee to Inspect y^ Laws & Re- ceive Complaints, and Report y' same to y" Councill, Viz' : being one of Each County : COMITTEE : Rob' Turner, Phi. Pemberton, John Symcock, John Cann, Wm. frampton, Wm. Clark. The Board understanding by the Respective members of Severall Counties, that severall appeals were granted from their County Court to y" next Prov" Court at Philadelphia, Upon Which y" Councill did, according to Law, nominate three persons, Viz : Arth. Cook, Wm. Clark & John Cann, to be Comissionated Prov" Judges, and Ordered the Comission to be forthwith Drawn. Adjourned till three in y° afternoon. POST MERIDIEM. PRESENT : THOMAS LLOYD, Presid'. Wm. Clark, Pef Alrichs, Tho. Janney, Jno. Symcock. Edw"^ Green, Nich. Newlin, Wm. frampton, Wm. Southersby, Arth. Cook, Wm. Darvall, fran. Harrison, Phi. Pemberton, John Cann, John Roades, Wm. Markham, Secrc. Rob' Turner, The Comission from y' Gov" to y^ Prov" Councill, Impowring them to act in his Stead, with y° Mcmorendum on the back side thcrof, was Read. Sam" Herscn, High Sheriff of Philadelphia, was sent for by the Councill to Come forthwith before thorn, and to bring with him his Comission. He Came, but Excused himselfe for not bringing his Comission, telling the Presid' and Councill y' y" Chest wherein y' Com™ was, was Lock'd up in a Roome, and y' man y' had y" Key was out of Towne. The Councill Ordered him to bring it to-morrow morning. A Letter from John Brinkloe was Read, Requesting to be Dismis- sed from his Office as Clark of Kent County. PROVINCIAL COUNCIL. 121 Ordered y' Wm. Berry be Comissionated in his Roome, and y' his Comission be forthwitli Drawne, Adjourned till Eight to-morrow IMorning. At a Meeting of the Council] in y" Councill Room at Philadelphia P' day of y^ 2-^ Mo., 1686. THOMAS LLOYD, President. Wm. Clark, John Roades, Nich. Newlin, Wm. frampton, Tho. Janney, Arth. Cook, John Cann, Rob' Turner, fran. Harrison, Pef Alrichs, Wm. Darvall, Edvv'' Green, Jno. Symcock, Wm. Southersby, Wm. Markham, Secre. Phi. Pemberton, According to an Order yesterday, Sam" Hersent Came before y"" Councill, and brought with him his Comission for high SherrifF of y" County of Philadeiphia, w'" was dated y' 2.3'' of y' 8* month, 1684, and was made to Stand in force for One whole year, or till further Order ; he was Ordered to withdraw, and then y" Presid' putt it to y^ Vote whether Sam" Hersent should be authorized to Execute the Office of Pligh Sherriff untill further Order. It was Carried in y^ Affirmative ; the Order Subscribed on y^ Old Comission and y^ Seal put to it, y" w* is Recorded. The Comission formerly granted to Sam" Hersent, bearing date y" 1.5"' 11"' Mo., 1685-6, Impowring him to be Atturney for y*" County of Philadelphia, to prossecute all offenders that break y'' penall Statutes of this Province, was Read. It was put to y*" Vote whether a Sheriif should be an atturney in the same Court he is Sherriff: was Carried in y*" Negative, Ncmine Contradicente, with an Order thereunto to be made. Ordered by the Councill, y' no Clark of any Court within this Province and Territories should be allowed to plead as an atturney any Cause in y' Court he is Clark off. Itt was put to y'' Vote whether there should be an Order of Council! That there should be tenn days Respite between Judgment and Grant of Execution in all Civill Causes between man & man. In all Courts within this Province and Territorys, it was Carried in y^ Affirmative. The Makeing the Order was Referred to y" next sitting of Councill. Adjourned till Scaven to morrow Morning. 11 122 MINUTES OF THE At a Meeting of the Councill in The Councill Room the 2'' day of y« 2'' Mo., 1686. PRESENT : THOMAS LLOYD, Presid'. John Symcock, John Cann, fran. Harrison, Wm. frampton, Tho : Janney, Wm. Clark, Wm. Dervall, Pef Alrichs, Jno. Roadcs, Edw** Greene, Wm. Southersby, Wm. Markham, Secrc. Rob' Turner, Nich. Newlin, The last minute of yesterday's Councill was Read, about Respiting Execution after Judgm', and there upon was ordered y' there should be tenn days Respite between Judgm' given in y" County Courts with- in this Province and Torritoryes in all Civill Causes, and signing the Execution thereoif, and that in the Prov" Court no Execution shall be served untill Eight days after Judgm' given. John Roades being Sick, Requested leave of this board to withdraw, w"" was granted. Severall Bills to be past into Law were Read three times this day and passed, And Ordered they should be promulgated, w* were as foUoweth, Verbatim : 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 follow- ing 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 Phila- delphia, in the forme and Style of Laws, then and there to be Confirm- ed, amended or rejected, as the Genall Assembly shall in their Wis- dome See meet : 1. Be it Enacted by the Authority aforesaid, that these following Chapters and paragraphs be additional! Laws of y" said Province & Territorys thereunto annexed, that is to say ; all those Laws made at Chester by y" Assembly, in y" 10'" Month, 1682, and at Philadelphia in y" first Month, 1683, and at y" same place in the 8'" month, 1683, and at New Castle in y" 3' month, 1684, and at Philadelphia y"= S"* Month, 1685, shall, and arc 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 arc by any of y' following Laws Ex- plained, Varied or added unto, and that these Bills Ratisfycd by the (jenall Assembly, shall (Jontinue in force untill y" publication of Laws in the next Generall Assembly following. 2. Bee it Enacted by y" Authoritye aforesaid, that Every Oftender Legally Convicted and fined for the breach of any pcnall 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 fijrth- with, by Warrant directed to y" SherrilTor Constable of j*" respective place, cause the same, with (."osts that shall arrise thereupon, to be PROVINCIAL COUNCIL. 123 Lovyed on y* Goods or Cliattclls of y*" party offending, by distress and Sale, rendring the overpluss to the party ; but if noe goods Can be ibund to satisfyc such Tines, that then the Sheriff or Constable shall take and Secure the body of such person til satisfaction be made, and y' y* Slicrriff or Constable soe Collecting the said fines, shall make re- turne to the next County Court, or such Officer as the Gov''and Prov" Cour.cill shall appoint, to y" End such fines may be distributed ac- cording to Law. 3. VVheras y° Law for Deffraying the respective Charge of Each County, Authorise y° County Court to Assess in Open Court y° ne- cessary Charge of y° same. It is Enacted by y^ Authority afoi'esaid, y' the said Courts are hereby further Impowred to Grant their Warr' upon non payment for y^ Levying of y^ said Assessments by distress and Sale of Goods, rendring y'' overpluss to the Owners. 4. Wheras al Charters, Gifts, Grants and Conveyances of Land, and all Bills, Bonds, & other writings, w''' by y^ 44 Chapter of Laws made at Upland, were required to be Registred or Inrolled in y' pub- liq Inrollem' Office, according to v'' Manner, & within y'' time there prescribed, under y'' penalty of being Voyd in Law, yet notwithstand- ing, were not brought to y' Inrollem' Office to be accordingly recorded: Now for y" satisfaction of severall purchasers of Lands and Inhabi- tants witliin this Province and Territories, who, some of them being under a mistake concerning y' Intent of y'' said Law, Others under Considerable Inumbrances and a sort of Inconsideratness upon their begann Settlement, have neglected and lapsed y^ time, toy' manifest hazard & making Voyd such respective Instruments or writings. It is hereby Enacted and Declared, by the presidentand Prov" Coun- cil!, with y^ freemen, in Assembly Mett, that all such Charters, Gifts, Grants, & Conveyances of Land, and all such Bills, Bonds, Spetial- ty's tho' they were not Legally Recorded, that they are hereby repu- ted, and shall be deemed and Stand authentique in Law, and are In- demnified hereby ; provided that all such Charters, Gifts, Grants & Conveyances of Land, w* are or shall be, or Come into this Province & Territories, shall be brought to be registred in the Respective In- rollement Office for this Province & Territories, within six months af- ter 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 Laws for the making Null such writings & Instruments to y" Contrary notwithstanding. 5. For the a Voyding of to frequent Clamoi's and manifest Incon- veniences w""' usually attend mercenary pleadings in Civill Causes, It is Enacted by y' authority aforesaid, that noe persons shall plead in any Civill Causes of another, in any Court whatsoever within this Pro- vince and Territories, before he be Solemnlye attested in open Court, that he neither directly nor Indirectly hath in anv wise taken or receiv- ed, or will take or receive to his use or benefit, anv reward whatsoever for his soe pleading, under y' penaltye of 5lb. if the Contrary be mad& appear. The President adjourned y'Councill till further Ord'. 124 MINUTES OF THE At a Meeting of v*" Councill at y'' Councill Roomc in Philadelphia y^ 3-^ of y' 2" Mo., 1686. PRESE^'T : THOMAS LLOYD, Presid'. .Ino. Symcock, Wm. frampton, Wm. Darvall, Wm. Clark, Pcf Alrifchs, Tho. Janney. John Cann, Jno. Roades. Wm. Markham, Secre. fran: Harrison, Ordered that Comissions be dravvnc for such Counties whose Co- missions ofj" Peace are expired or upon Expiring. Edvvd. Green, one of y" Councill, Complayneth against Wm. Phil- lips for not performing his part according to Order of Councill, y" 28'" 7"^ Mo., 1685, The Councill did this day order that y' Difference Depending between Edwd. Green and Wm. Phillips should be heard before Peter Alrichs and John Cann, and that they should Report the same to the Councill. Report being made by y' Members of Bucks County, That Rich'' Ridgway is a fitt person for y^ Keeping an Ordinary in y' County, a Lycence was Ordered accordingly. Ordered y' John Barnes be sent for to appear the next sitting of Councill, and give Reasons for his absence, or suffer fine. The Presid'. adjourned y' Councill till 9"' Inst'. At a Meeting of the Councill in y'' Councill Roomc The Q*" of y^ 2" Mo., 1696. PRESENT : WM. CLARK, President, Chosen by y'^ Councill. Arth. Cook, Edw** Green, John Cann, Wm. frampton, John Barnes, Wm. Markham, Secre. Wm. Southcrsby, After y^ Members of Councill were Sett, the Comission from y' Gov'' Impowring them to Choose one from amongst themselves in y' absence of Tho. Lloyd, to be their Presid', was Read, and they unani- mously Chose Wm. Clark. The Petition of AViddow Hilliard and John Hilliard, Jun', against Griffith Jones, was Read, setting forth y' the s' Griff. Jones having obtained an Execution ag' y" Estate of John Hilliard, Deceased, would not Execute y'^ same on no other part of y" s'' John Hilliard Estates then tjie Plantation on w'^'' shee, y" Widdow of y'' s'' Hilliard, and her Chil- dren lives on, tho' there be enough in other places to satisfie y" Exe- cution of y^ Effect of Deceased's Estates. The Councill Considering the same, was pleased to send for y"" Shcrriff of Kent County, who was then in Philadelphia, and told him their opinions of y^ Matter, w'^was, That if there bo other Effects to PROVINCIAL COUNCIL. 125 gatisfie Grifllth Jones's Execution to be found, that it ought not to be served on y'^ Plantation the Widdow and Children now lives on. The Petition of Cornelius Bom, Requesting a Lycence for his Keeping an Ordinary ; it was Refused. The Petition of Jacob Vandervere was Read, setting forth y' illegall and un-Christian serving an Execution on his goods, and turning him, his wife and Children out of y" Doors, and not Leaveing them any thing to susteine nature. Ordered y' a Coppy thereoff bo sent to y'' Sherriff, another to y" Clark of New Castle County, Requi- ring them to appeare before y^ Councill toanswere the same y" Tenth day of y" next Third month. The Petition of John Walker v^as Read, Requesting a Lycence to Iceej) an Ordinary at New Castle. Ordered he first make satisfaction to y" Secretary for the abuse he gave at his house at New Castle. Ordered that v° Comissions following be forth Drawne and signed by y° Now President, Viz': f Sam" Land, High Sherrifl' of New Castle County. I Rob' Robertson, Coroner of New Castle County, for -^ Joshua Barkstead, Atturney Genall for y" County Sussex. t I John Vines, Coroner of y*-' County of Sussex. (_Jno. Bradshall, Atturney Gen" for Kent County. The Petition of John Briggs was Read, Requesting that he might lie Dismist from be any longer a Justice. Ordered that he be left out of y^ next Comission. Adjourned till further Order. At a Meeting of the Councill in y" Councill Room In Philadelphia y' 14"" of y" 2" Mo. 1686. present: WM. CLARK, Prcsid', Chosen by y" Councill. Jno. Symcock, Edw*^ Green, Wm. Markham, Secrc. Arth. Cook, John Cann, There was signed at y" board these Comissions following. Viz' : Jno. Vines, Coroner of Sussex County. Sam" Land, Sherritf of New Castle County. Rob' Robertson, Coroner New Castle County. Jno. Bradshaw, attorney for Kent County. Joshua Barkstead, Atturney for Sussex County. Ordered that the Comissions following be forthwith made and signed by y° now Presid': 11^ 126 MINUTES OF THE f Tlio. Usher, High ShcrifT, Chester Countys. ^ J John Vhios, Sussex. 1 ] John Martin, Kent. I Waterbalys. l^Sani" Land, New Castle. J The Comissions were signed by Wm. Clark. Adjourned till further Order. The 28'" of y' 2' Mo., 1686. The Secretary having Rec'' a Letter from y' Gov', Directed to y^ Presid' and Council!, gave Order to y" Messenger, Thorn. Clifford, to give notice to as many Members^ of the Councill as possible, that they meet at y* Councill Room in Philadelphia y' 30"" Inst', by tenn in y" forenoon. The 30'" of y^ 2^ Mo., 1686. THERE METT. Robert Turner, Edvvd. Green, Wm. Markham, Secre. VVm. Frampton, John Barnes, The Gov"" Letter was Read to them, w'"" bore Date y' 21, 8 Mo., 1685. The Secretary Related to them the sad Complaint y" passenger had made that Came in Conoway from England, bound to this place, but ibrced by y'' said Conoway to Bermudas, and from thence Came pas- sengers to Philadelphia in a Sloop named y" Endevour, Belonging to Bermudas, Dan" Styles Master, and further desired that they would advise whether the Shipp now Lying in Appogimany Creek, Symson Master, be not lioyable to make good y" Dammages Don to y" Inhabitants of this Province by Conoway, they haveing both one owner, y" Secretary supposing an Owner is to make Restitution for ;tll Dammages that shall accrue by y" unlaw actions of y' Master. But there not being a sufficient number of Members to make a quo- rum, they Choose no Presid', but agreed to meet againe y"-' 3'' day of y' 2^ month next, and in y^ meantime they would Consider of it. This Evening Came in to Philadelphia Two Members of Councill for y" County of Bucks, Viz': Arth. Cook & Tho: Janney ; they Desired I would send y" messenger to y' members of Councill nigh at hand, to Re([uest they would sitt to morrow in Regard their Buisness would not permitt their Stay in towne so long as y" third Inst', the time before appoynted, the w'^'' was accordingly don. PROVINCIAL COUNCIL. 127 At a Meeting of the Councill in v' Councill Room in Philadel- phia y^ 1" day of y-^ S^" Mo., 1 686. present: ARTHUR COOK, Preside, Chosen by y' Rest. Rob' Turner, Tho. Janncy, Wm. Markham, Secre. Wm. frampton, Wm. Southcrsby, The Gov'^ Letter, Dated 21, 8 Mo., 168.5, Directed to y= Presid' & Councill, was Read. Ordered y' it be Read againe y° Tenth Ins'. The Secre. Reporting the same to y^ Councill he yesterday did to y" Members present, Relating to y'' Passengers that in Rich'^ Cono- way Shipp Received Extrcem bad Usage ; whereupon it was Order- ed that y' Secretary should summons all such to appeare before the Councill that should Come to his knowledg, y' can give any Light in y" Matter on y*" tenth Inst'. Robt. Turner & Wm. frampton were attested as Justices of v° Peace for the Towne and County of Philadelphia, they having had a Comission Lately made. Oi'dered y' what members of Councill could be gott in or near the Townc of Philadelphia on y" 3"^ Inst', should attest those Justices that have not been attested since their Last Comissjon, the Sheriff having had Orders to give y" Justices notice thereoff. Adjourned till further Ord^ At a Meeting of the Present Member in or about y^ Towne, ac- cording to an ^Order of Councill v" V Ins', This 3" of y" 3^ Mo., 1686. trese^t: Robt. Turner, Jno. Barnes, Edwd. Green. Wm. frampton, They Chose no President, but they were attested before them ac- cording to y" Order afore said, James Claypoole, Wm. Wardner, Wm. Sallaway & John Goodson, «Si then they broak up. At a Meeting of the Councill the Tenth of y' Third Month, 1686, in y*" Councill Room at Philadelphia. PRESENT : THOMAS LLOYD, Presid'. John Barnes, Nich. Newlin, Luke Watson, Robt. Turner, John Symcock, Jno. Roades, Tho. Janney, Wm. Southersby, Wm. Clark, Arth. Cook, Wm. Frampton," Wm. Markham, Secre. fran Harrison, 128 MINUTES OF THE Credible Information being given to this board that Luke Watson, one of v° Members thereoff, Lay under suspition of being Carnally Concerned with a Woman Scrv' to his Brother in Law, and Likewise y' he stood at this Present, Bound to the Peace for his misdemeanors, they board Ordered him to withdraw, that they might Consult about v' Information; after a Deliberate Consultation, The board ordered Luke Watson to be Called, and told him y' he was accused of having Carnall Knowledge of his Brother in Law's woman Servant, and furth- er, y' he then stood bound to y*^ peace for Misdemeanors, and therefore, untill he appeared in Law Innocent of those great Offence he was ac- cused off, they Could not admitt him to Sitt amongst them, upon w'" he went forth. Henry Lewis Request the Council 1 that they would be pleased to appoynt one in his Roome in y' Office of Coroner for y" County of Philadelphia. Ordered an other person be speedyly Comissionated in his stead. Adjourned Till 4 in y' Afternoon. POST MERIDIAM. THOMAS LLOYD, Presid'. Rob' Turner, Tho. Janney, John Roades, Wm. Clark, Arth. Cook, Wm. Southersby, Wm. frampton, Nieli. Newlin, John Symcock, Wm. Darvall, Pef Alrichs, fra. Harrison, John Barnes, Phi : Pemberton, Wm. Markham, Secre. John Otter and Norton Claypoole, Members of y^ Assembly, Came with a Message from them to acquaint y'^ Councill that if they were at Leasure the Assembly would Come and wayt on them. The Councill answered that it is now late, it being past Six, but by seavcn to-morrow morning a Comittee would sitt to Receive from the Assembly, or any of them, their proposalls for y*" amendment or alteration of y' promulgated bills according to Charter. A Comittee was Chosen, Viz': Wm. Clark, Arth. ( ook, Tho. Janney, Wm. Darvall, Wm. frampton, John Symcock. Adjourned till 9 to-morrow forenoon. The 1 1"- of the S'' month, 1686. The Comittee Satt Early this !\Iorning. present: Wm. Clark, Wm. Darvall, Tho : .lanney, Wm. frampton, Jno. Symcock, Wm. Markham, Secre. Arth. Cook, Wm. Clark Avas Chosen into y° Chear by y° Rest. PROVINCIAL COUNCIL. 129 [Vid 9'" 2'' Mo., 86, John White..^^] Wm Yardley and Wm. Biles Came to y° Comittee from y° Assem- bly, tould them their ]\Icssage was the Councill had sent a Warr' to one ot' their member, and they questioned the Councill's power ther- in, to w"*" y^ Comittee made no Reply, nor they insisted further on it, but told y' Comittee that their Chief buisness was that whereas the Assembly Yesterday had sent to y'' Councill to Informe them y* it were there Desire to speak with them, y" Councill sent answer that they would appoint a Comittee to Receive from them their proposalls, but the Assembly did not think a Comittee was sufficient to Receive them, and y' they wanted y" promulgated bills. The Comittee made answer they would Informe y" Councill of their message, and then break up. At a Meeting of the Councill the 11'" of y' S"" month, 1686, In the Councill Roome. PRESENT : THOMAS LLOYD, Presid*. Rob' Turner, John Symcock, Wm. Clark, Tho : Janney, Wm. frampton, Wm. Southersby, Ph : Pemberton, Wm. Darvall, John Cann, Arth. Cook, Jno. Barnes, Pef Alrichs, fran. Harrison, Jno. Roades, Wm. Markham, Secre. Wm. Clark Reported to y*" Councill y" Message from the Assembly to y* Comittee. The Councill Ordered John Symcock and Wm. frampton to goe with y' promulgated bills to y^ Assembly. Wm. frampton having urgent business, had Leave for this day's absence. A Member of Councill moving that Luke Watson desired to know whether he was Dismissed from giving any further attendance for this Session, y*" Councill Debated y" matter againe, and Concluded that this following written should be read unto him; he being Called in, and advised by y" Presid' of y" Councill's Result in their Debate about his misdemeanors. The Secretary Read what was Concluded on, as followeth. Viz': Wheras, Information being given this board that henry Smith of y^ County of Sussex, hath attested that he did goe in fear of his life of Luke Vv'^atson, one of y'' members thereof?, and it not appear- ing to this board that he is Legally Discharged from y^ same, The Councill Doth therefore think fitt that y^ said Luke Watson doe for- bear to give his attendance at this board untill further Order. James Claypoole & John Blunston Came from the Assembly; their Message was that it being y" first time they have desired a Confc^rence with y^ Councill, therfore they desired y'' Councill would appoint a time for it. 130 MINUTES OF THE The Councill Answered that if the Assembly would adjourne a little they would adjourne to the i)lace they Satt in, (meeting house,) this being not Large enough to Receive so great a number. John Songhurst & John Goodson was sent from y^ Assembly ; their Message was to Lett y' Councill know y^ Assembly Received the Councill's answer to their last Message kindly, and Desired their meeting together might be an hour hence, that they might have that time to Reffresh themselves, most of them having been there Ever since six in y" Morning. The Councill Answered it were better to be don Immediately, for if they Sepperated it would be a Longer time before they gott together againe. The Councill adjourned from this Place to y'' Meeting house, in Order to Receive the proposalls of y' Assembly, and for the service of this board. In the Meeting house, the same Day as before. present: THOMAS LLOYD, Presid'. Wm. Clark, Wm. Southerby, Pef Alrichs, Wm. Darvall, Phi. Pemberton, Jno. Roades, Tho. Janney, Jno. Symcock, Wm. frampton, Jno. Barnes, John Cann, Nich. Newlin, Robt. Turner, fran. Harrison, Wm. Markham, Secre. Arth. Cook, The Assembly were Desired to Come in ; there was a Long De- bate between y' Councill and them about privileges, but nothing Con- cluded off; y' Presid' ordered y' Secretary to Read 13 parragraph of y" Gov" Charter to y' People. Adjourned till to morrow morning, or further Order. POST MERIDIAM. At the Comittee. present: Wm. Clark, Arth. Cook, Wm. Darvall, Jno. Symcock, Wm. frampton, Thn. Janney. James Claypoole, Norton Claypoole, Wm. Byles, John Blunston Abra. Mann and John Brinkloe, being one Member of Assembly of Each County, were sent from y° Assembly to Request y" alteration of y'' Style of y^ Bills, (from y" Presid' &c.) The Comittee answer- ed that they did believe y" Councill would Condisent to their Re- quest. The Comitte Rose. PROVINCIAL COUNCIL. 131 At a Meeting of the Coiincill in y" Couucill Roome in Philadelphia y' 12"" day of y" 3" Mo., 1680. THOMAS LLOYD, Presid'. Wm. Clark, John Cann, Robt. Turner, Jno. Barnes, Arth. Cook, Wm. Darvall, Wm. Sonthersby, John Symcock, Wm. frampton, Nich. Newlin, Phi. Pemberton, Wm. Markham, Secre. fran. Harrison, Tho. Janney, Wm. Clark Reported to y^ Councill y* Message from y' Assem- bly to y' Comittee, Requesting y" Alteration of y^ Stile of y'= bills, to w"'' y" Councill agreed. The Petition of y" french men sent over by Ballases was Read, Complayning ag' Bellases agents for not performing y" Contract be- tween Bellases' & y" frenchmen ; it was Ordered y' Arth. Cook, John Symcock, Robt. Turner, Wm. frampton, should Examine and Re- dress the same with all Expedition. Adjourned till y" 5"^ hour in y*" afternoon. By y'' Presid'' Order. POST MERIDIAM. The Committee. PRESENT : Wm. Clark, Arth. Cook, Tho. Janney, Wm. frampton, John Symcock, Wm. Markham, Secre. Wm. Darvall, A Message from y'' Assembly came by two persons out of Each County, John White One, Requesting y'^ alteration of y^ first bill, to w'^'' they gave a note not signed by any, w''*' followeth Verbatim, Viz': The Assembly desires these three amendments in y*" bill No. 1'' Viz: after v" word Except these words be added: (Such Laws as liave been by former Law Repealed, and y' such Laws shall be con- tinued with y^ Variation, as by succeeding Laws have been Varied. 2dly. (hat the late I^aws relating to y^ Killing Cow Calves, &c., and v'' Law Relatcing to pipe Staves, be no longer Continued. 3dly. The Laws to Continue till Twenty Days after y" rising of y'' next Gen" Assembly, & no Longer.) To w'''y^ Comittee answer'd they would Report y^same to y'^Coun- '^ill, and y' they might Expect their answer. The Comittee Roase and y'' Councill Sat. PRESENT : THOMAS LLOYD, Presid'. Wm. Clark, Wm. Southersby, Jno. Symcock, Wm. frampton, Rob' Turner, Jno. Cann, Wm. Darvall, Tho. Janney, Wm. Markham, Score. Ph. Pemberton, Arth. Cook, 132 MINUTES OF THE s Wm. Clark Reports to y' Councill y" Message of y*" Assembly, Relating to y" alteration of y^ first bill; y' Paper they gave was Read, vid: this day's minutes of y' Comittee. [Vid 9'" 2" Mo., 86.] John White Presented himselfe to y^ Councill, told them he was now Ready to answer the Summons they were pleased to send him. The Councill answer'd they took it Kindly of him, but they would heare it some Convenientcr time, and not hinder y"" buisness they were now about. Luke Watson Desired of y*" board they would lett him know his accuser, to w""" they making no answer, he Requested y' Henry Bow- man might be Called to Declare before y" board what he knew of his not being bound to peace, who was Called and Declared as fol- lowctli, Viz' : That Luke Watson's Brother-in-Law (one Smith) told him y' the Difference between him & Luke Watson was Ended, & that they were now friends, & that there would be nothing more don in that buisness. Adjourned till Eight To-morrow morning by y*" Presid'' Order. At a Meeting of the Councill in y" Councill Roome in Philadel- phia y^ 13 of y^ 3^ Mo., 1686. present: THOMAS LLOYD, Presid'. Wm. Clark, Rob' Turner, John Symcock, Wm. frampton, Tho. Janney, John Cann, Wm. Darvall, Jno. Roades, Pet" Alrichs, Phin. Pemberton, Jno. Barnes, fran. Harrison, Wm. Southersby, Arth. Cook, Wm. M arkham, Secre. The Request of Jno. Smith and Henry Painter, Inhabitants of Southampton Township, was Read, Requesting this board to heare their Complaint ag' y" Indians who had Killed scverall of their Swine. The Councill Called them in, and Ordered them to give their Com- plaint in Writing to y" Secretary, & mention y*" names of y" Indians y' they knew, or did Imagine did y" fact, and then y'^ Councill would take all possible Care to Redress them by Law ; and further. Ordered y' y'' Respective Kings might be sent to by some proper Messenger to make satisfaction. The Request of y" freemen of y" County of New Castle was Read, Requesting a Fare to be kept in y' Towne twice a year. The Assembly came to y" Councill and presented in writing some alteration to be made in y" bill No. 1 , w''"' were y*" same as offered y*" Comittee y' 12'" Ins'. Adjourned till six to-morrow morning, or Sooner, if occasion, by y' Presid" Order. PROVINCIAL COUNCIL. 133 The Comittee in y^ Evening. PRESEXT : Arth. Cook, Rob' Turner, Wm. Markham, Secro. Jno. Symcock, Wm. frampton, four Persons, Viz': Wm. Byles, Jn" Goodson, Geo: Maris, & Tho : *, were sent Irom y^ Assembly w ith a Message in Wri- ting about the Removall of Patrick Robinson fro)n his places, w' followeth. Verb. 'ihe Assembly dos Request y*" Presid' and Prov" Councill would be pleased to give their Reasons why y' Request of y" Late Assembly Concerning y'' Removall of Patrick Robinson from all publick Offices of Trust, was not according to promise, answered. The Comittee Rose, telling them they would present it to y' Coun- cill. At a Meeting of the Councill in y^ Councill Roome at Philadelphia ye 14th3'T : Wm. Clark, Wm. Darvall, Nich. Newlin, Arth. Cook, Jno. Barnes, fran. Harrison, Tho. Janney, Robt. Turner, Wm. Markham, Seci'c. Wm. Byles and Cornelius Empson Came w"' a. Message from y" Assembly, w* was to Request a Conferrance between y" Councill & Assembly about y" amendm'' of y^ first bill; y*" Comittee answered y' they would informe y° Councill thereof!', but supposed they would not admitt of any Dispute, in Regarde it was y" last day in w''' they were Either to accept or Reject them. Hi '"*» PROVINCIAL COUNCIL. 135 At a Meeting of v' Councill in v' Councill Room In Philadelphia y'lS'" of y^ 3" Mo.,'l6S6. PRESENT : THOMAS LLOYD, Presid'. John Symcock, ^^ m. Darvall, Tho : Janney, Wm. Clark, Rob" Turner, John Barnes, Arth. Cook, Iran. Harison, Nich. Newlin, Jno. Roades, Phi: Pemberton, Wm. Southersby, Pet' Alrichs, Wm. frampton, Wm. Markham, Secre. The Comittee Reports to y^ Councill y' Message they Received this morning from y° Assembly. AVherupon y' Councill debated upon y* method of Reading y" bills in order to secure and prevent y° overthrow of y" Laws of this Pro- vince, w'''' in Case more then one bill had been Read and y' of Con- tinuance had been Rejected, would Inevitably have followed. The Councill seriously weighing & Considering y"" great trust wherewith they are in Vested, & unto w'^'' they are Solemly obliged by y" Express provisoes of y'^ Great ('barter of this Province &: Ter- ritories, by y^ Act of Settlement, and by y" Gov"^ and Prop""^ Comis- sion, granted unto them under y' Great Seale whereby they are Im- powred, more Especially as to y' Executive Capacity in Relation td y" Justice, Peace and Security of our present Constitution, and y' no- thing be Continuanced nor allowed of that may Interferr, Hazard, or seem to Introduce a Subvertion of this frame of GovernnV ; and upon y*" Debate in Councill Concerning y^ Reading y^ proposed bills to y'^ Assemb.y, it was by y^ President putt to y'' Memb" of y'' board, pcrticularly whether if y" first bill being a bill of Continuation of y" former Laws, & an Expressive of y'' Duration of such bills which are to pass into Laws this Gena" Assembly, whether if y*" said bill should not pass in y" AssembU, any more bills should be Read by y° Clark of y° Councill unto them, &, so y^ Assembly, by Refusing y" first & passing two or more other bills, The Inhabitants of this Province should be Stript & Left Destitute of such Laws of whose service they have had good Experience, By y" uncertain compensa- tion of suc^h Cow ones wose use wee are upon Tryall otT, & w'''' Can- not be supposed of y' Extent to Supply y" Loss of such w'^'^will Inevi- tably be Discontinued therby. The Councill Unanimously & Successively gave their Thoughts and Expressed themselves that upon refusall of y'^ Assembly's pass- uig of y" bill for y" Continuance of former Laws, that it would not be only advisable bat Requisite for this juncture & Present time, That y° Prov" Clark forbear Reading of y^ Promulgated bills in ord to propose them to their assent or Dissent. The Preservation of ye (jovernin' in y*" forme wherein it is at present, being more Expressly our Respective Duties, then Exposing y*" same by Dubious and Inse- cure methods to unavoydable mischeiff. Wm. Byles & Cornelius Empson Came to acquaint y" Councill y' y° Assembly v,ere Ready to wayte on them iu ord' to finish y'' Le. gislation, it being y^ Last day. 136 MINUTES OF THE The Councill ansvver'd they were ready, and y' Assembly might Come when fhcy please. The Assembly Came to y' Councill with their Speaker, who in y' bchalfe of himsclfe and Assembly, Desired y^ amendments of y" first bill as they had before given in in writing, to w'* the Council not Con- .scnting, there arose a Long Debate about y" Privileges of y'' Assem- bly, w'" not being granted by y'' Councill, and y' no president should be' Left upon Record whereby to prejudice y" Privileges of y' Assem- bly, The Genall Assembly did Unanimously agree that all things Piclating to y'' premises should Remaine in y*" same State and Condi- tion as they are at this present time, untill y" Gov"' shall arrive and y' Contraversie determined before him. AVhcrupon y'' Assembly Took Leave of y'^ Council and Departed. The Councill Considering y' Debate they had with y* Assembly, did unanimously agree and Ordered that this following Concurrance should be Entred, (Viz :) Upon a Conferance had at this board with y" Assembly, more Es- pecially upon some amendments and alteration of them offered to y'' first bill for Continuance of former Laws, y' Councill Expressly understanding from some of their Cheifest members that they would not pass y" said bill Unless w"' such Exceptions and amendments, w"'' if granted, would in our judgments be Insecure & Inconsistent with y" allowed methods in such a Case, and y' present frame of Go- vernm', and lead to y" Introducing an unsafe and hetherto unpractised way in proceedure upon Repealcs, as first proposing y'^same in this time of y'' Gena" Assembly, and so Lapsing or neglecting the pre- vious Notice of y^ Legislative Councill. Upon y'^ Serious Consideration of y" Premises, it was Domed Ex- pedient by y'^Geneall Assembly that y" Reading of the promulgated l)ills should be Waved for this present Session, Least a misunderstand- ing, or a greater Inconvenience might thereupon Ensue. Adjourned till y" Aflernoone. POST MERIDIEiM. PRESENT : THOMAS LLOYD, Prcsid'. Arth. Cook, .John Roades, Robt. Turner, Wm. frampton, Wm. Southersby; Phin. Pemberton, Wm. Clark, JohnSymcock, fran. Harrison, Pcf Alrichs, Wm. Darvall, Wm. Markham, Secre. Jno. Barnes, Nich. Newlin, Upon y" Petition of James Sanderling for a Lycence to Keep an Ordinary, it was granted him. A Petition Relating to highways was Read, upon w"^ the Councill agreed y' there should be a Sett time appoynted for y'' Councill to In- spect all v' Business relating to y^ Highways, and to Order y' y' Roads be Laid out in y^ most proper and Convenient Places within this Province. A Petition being presented against y'^ abuses of y' Skoolkill ferry. Rochford's Serv'. PROVINCIAL COUNCIL. 137 it was Refferred to y' Councill at their sitting for y' Laying out of Roades. The Petition of Denis Rochford against John ^ Hichman's selling his servant. The Councill understanding that John Hickman is in Custody & under process in order to his Coming to a Tryall at Law, it is Reffer- red to y" County Court, before whom it is to be Tryed. The Assembly being discharge, Henry Stretcher, y' was a mem- ber thereolT, was sent for before this board, to answer the Complaint of James Atkinson: the Offence being proved against him to be very gross and notoriously 111, it was ordered y' it be Refferred to y^ Jus- tices of Sussex County, where y" Livcth, that in Casse he give not an acknowledgnV of his great abuse before he goes downe to this board, v° Justices aforesaid are to take sureties of him for his good behaviour. Ordered that John Barnes, for this afternoon's absence and his for- mer absence, j)ay to y^ Doore Keeper Six Shillings. Adjourned till further Ord'. At a Meeting of the Council! in the Councill Roome y° 5* of the 5'" Mo. 1686. ^ PRESENT : ARTHUR COOKE, Presid', Chosen by y^ Rest of y^ Members. John Symcock, Tho: Janney, Phin. Pemberton, Wm. frampton, Wm. Southersby, Wm. Markham, Secre. Robt. Turner, The Petition of Israeli Taylor was Read, Requesting he might be admitted to administer on his father's Estate. The Council! answered they would admitt of no administration f^'ontrary to y" Intent of y° will, w'^ they Judged valid. Ordered that Robt. Turner, Wm. frampton & Wm. Southersby, take y'^ Charge of y" Office of Register Gen", in as ful! ?nd ample a manner as Cliristop. Taylor had in his lile time, and y^ Laws of this (Tiovernm', and y' they be accoumptable unto this board from time to time, as they shall be Called thereunto, for y^ proffits that shall or may arrise, and y' a Comission be drawn accordingly, Impowring any one of them as Sufficient to Execute y'' said office. The Petition of James Claypoolc was Read, Requesting the {)lace of Register Gen" might be Conferred on him. The Councill answered They thought it not fitt to settle it on any- one person, but Leave it to y*^ Gov"^ Disposall. Tlie Petition of Joshua Carpenter was Read, Requesting a Lycence to Keep an Ordinary in his Brother Sam" Carpenter's house, on y' Wharfe. Ordered a Lycence for three months. Ordered that Nath" Sykes have a Lycence to Keep an Ordinary hi Philadelphia. 12* 138 MINUTES OF THE John Symcock Requested a Lyceiice for Walter forcett to Keep ail ordinai-y in y' County of Chester, w'*" was granted. Adjourned till Six to-morrow in y^ morning. At a Meeting of the Councill in the Councill Rooaie at Philadel- phia y" 6'*" of y-^ S'" Mo., 1686. PRESENT : ARTHUR COOK, Prcsid', Chosen, &c. John Symcock, Tho. Janney, Wm. Southersby, Rob' Turner, Nich. Ncwlin, Wm. Markham, Secrc. Phi. Pemberton, Wm. frampton. The Comission Impowring Rob' Turner, Wm. frampton & Wm. Southersby to manage y" Register Gen" Office of this Province and Territories, new Castle only Excepted, was this day Signed. Joseph Vaughan & Jno. Saxby, Serv'^to Chris. Taylor, Deceased, were sent for to Come before y" Councill ; they produced their In- dentures. Joseph Vaughan was bound to Edn/ Paine, march' of London, y' 9"' of Aprill, 1684, to serve 4 years ailcr his arrivall in Maryland. There was Endorsed on y" Indenture ; wee Cast anchor at New Castle in Pinsilvania, Aug' y^ 6'", 1684. John Saxby putt himselfe an apprentice to Chris. Taylor, y" 26"' of y-" Eleventh month, 1685, to serve six years. The Councill takeing into Consideration Methods for y" Secureing y" Estate of Chris. Taylor, Deceased, according to y' true Intent & meaning of his Will, of w"'' y'' Cover' and Ralph frettwell were Execut", Thought fitt in their absence to appoynt John Goodson, Tho. Hooton and Tho. ffitchwater, or any two of them, to administer upon y*" Estate of y" aforesaid Chris. Taylor, Deceased, and to Act and Doe all things therein as an administrator by Law hath power to doe, and to bo accountable unto us, or y'' Executors, for the same. Ordered y' a Comission of y'^ Peace be forthwith Drawn for Kent County. Ordered a Comission be forthwith Drawn to Impowr Abrah. Whorly, high Sheriff of Bucks County. Ord' y' a new Comission be Drawn for George xMartin to be High SheritT of Kent County, to Continue untiil further Order, his old Connission being out of Date. Adjourned till 5 in y' aflernoonc. POST MERIDIAM. present: ARTHUR COOK, Prcsid', Chosen. Rob' Turner, Nich. Newlin, Wm. Southersby, Wm. frampton, Phi. Pemberton, Wm. Markham, Secre. PROVINCIAL COUNCIL. 139 The Comissions for y" County Court of Kent, fur y' High SherrifT of y" same, & for high Sheriff of Bucks County, were signed. Report being made to this board by Rob' Turner, a member thereoff, that franc. Carnewell, one of y" Magistrates for y" County of Sussex, to be a person of 111 fame, The Councill thereupon Ordered that a Warrant be made and sent to y*^ County Court of Sussex, to suspend y° said francis Carnwell untill he appear at y*" Councill table & Cleare himselfe of what is Laid to his Charge, w'" shall be at y" Councill board Delivered him. Ordered a Comission be forthwith drawn for Tho. Streton to be Coroner for Kent County. Adjourned till further Ord''. Att a Meeting of the Councill in y" Councill Room The 7"" of y' 5"- Mo., 16S6. ARTHUR COOK, Presid', Chosen. Rob' Turner, Phin. Pemberton, Wni. Markham, Secre. Wm. frampton, Wm. Southersby, John Goodson and Tho. Hooton Refusing to take upon them the Charge of y'' administration on y® Estate of Chris. Taylor, according to y'' minute of Councill Yesterday, The Councill thought fitt to Order that y^ Comiss"^ of y'' Registry take Care of y" Estate aforesaid, and of the Children of Chr: Taylor, in the behalfe of y' Executors, & to be accountable to them. Adjourned till further Ord'. At a Meeting of the Councill in y' Councill Roome In Philadel- phia y*^ 2' of y" 6'" Mo., 1686. present: THOMAS LLOYD, Presid'. Jno. Symcock. Wm. Southersby, Wm. Markham, Secrc. Wm. frampton, The Presid' proposing the Expedicntcy of Recomending some Ca- pable persons to Sitt Judges in y^ next Prov" Court, w'^'' are to sitt y' 24"' of y'= 7"" month, at Philadelphia, y"^ Presid' and Present members of Councill thought fitt to Recomand Tho. Hulnics, James Harrison and James Claypoole, to y" approbation of y" next Complcat Councill, for y*^ Comissionating of them or others that they shall think fitt. 140 MINUTES OF THE Wheras, a Complaint has been made to this board of violence Don by some Indians on Nich. Skull and his family, and forcibly Entring his house & Carrying away his goods; and further Information Given y' y' s'' Niclf. Skull hath, Contrary to his Duty and Peace of this Province, sould and trucked to and w"' y' Indians severall quanti- ties of Liquors, w"'' by Law was Prohibited the selling to them, where- by they were much Disordered, to y' notorious Disturbance of the neighboring Settlements. The Presid' and Present Members of Councill thought fit to Order that Capt. Tho. Holmes, with y" assistance of Capt. Lace Cock, Zach. "Whitpaine, and such others as Capt. Thomas Holmes shall approuve off, forthwith to make Diligent Enquirie into y" truth hei'eoff, and if it Credibly appears that such Indians were Guilty as Reported, They be Required to make Speedy satisfaction. Wee Referring y^ mannor and methods of treating y'^ Indians Concerned w* y^ people they belong to, to y^ Conduct andDiscression of y^ s"* Capt. Holme, w'''' y' Concurrance and approbation of the nominated persons, and in Reffer- ance to y* s"* Nich". Skull, if upon y" Examination of his behaviour and Deportment towards those Indians, it shall appear y' he hath acted Contrary to Law in selling them prohibited Liquors, that Speedy Course be taken to proceed against him accordingly, that he might be an Exemplary Terrour to Such ,who shall offend in y^ like nature. Adjourned till farther Order. At a meeting of the Councill in the Councill Roomeat Philadelphia the 5"- of y^ 6'" Mo., 1G86. PRESENT : THOMAS LLOYD, Presid'. John Symcock, \Vm. Clark, Wm. Southersby, Wm. frampton, John Barnes, Wm. Markham, Secre. Wm. Clark, a member of this board, informing the Councill y' y' Justice's Comission fory* County of Sussex Expired y' 15"" Ins'. Ordered that one be fortwith Drawne to Comissionate Wm. Clark, Jno. Roads, Tho. Langhorne, Tho. Price, Rob' Clifton, Sam" Gray & George Young, & j° Comission to Stand in force untill further Order. David Lloyd Presented his Comission given him by y^ Gov', bear- ing date y'' 24 of y' 2'' Mo. Ap", 168G, Constituting him atturney Gen" for this Province and Territorys, To w"'' he was attested, De- claring his allegiance to y' King, fidelity to the Gov' erused, is allowed off by this board untill further Ord'. POST MERIDIEM. PRESENT : THOMAS LLOYD, Presid'. James Claypoole, Phin. Pemberton, John Cann, Wm. Clark, John Barnes, Griffith Jones, Joseph Growdon, Pet' Alrichs, Wm. Markham, Secrc. The Petition of Thomas fairman against Cap' Tho. Holmes, Sur- vey' Gen", was Read. Answer. That Cap' Holmes Intends to be at y° Comiss" meeting the next second day, whether he is Referred. The Petition of Cornelius Empson, Concerning a Bridg Road and a Water mill on Brandiwinc Creek, was Read. The Petition of Rob' Jeffs was Read, requesting Reliefe ag' Tho. I PROVINCIAL COUNCIL. 153 fairman's forcable Entry in to his house, as he Expresses it in his Pe- tition. Answer. That the Courts of Law arc and shall be open, but y* Sense of the Councill is, that their mutuall agreements should be ac- cordingly performed. Adjourned till y*" fourth Ins'. At a Meeting of the Councill in y' Councill Room at Philadel- phia The 4"^ of y^ 2'' Mo., 1687. present: THOMAS LLOYD, Presid*. Wm. Clark, Rob' Turner, Joseph Growdon, Arth. Cook, Phin. Pemberton, Wm. Markham, Secre. The Petition of John Van Cullin was Read, Requesting Releef from y" Oppression of Thomas Usher, Sherriff of Chester County, who by Vertue of an Execution obtained By a Vexatious sute of Charles Ashcome, hath taken from him his two milk Cows, w* was all he, his wife and seaven small (children had to live upon, himselfe being sixty & six years of Age, and past his Labour to work for more. Ord** That an Ord' be sent to y" Sheriff of Chester County to appear before y" Councill y" next second day, to answer the Complaint of the Petitioner, and if any Distress or Execution hath been served on his goods or Chatties, that they be no ways Disposed of untill y" Coiti^ plaint be answered before this board, and if y^ Cattle be taken away, that they be forthwith Restored, or Carefully looked to in y" meantime ; and that he make Returne of a former Order he had from this board in the buisness between Charles Ashcome and Jn" Van Culing. Adjourned till 3 in y' Afternoon. At a Councill in the Councill Roome In Philadelphia y" 5* of y" 2* month 1687. FRESENT : raOMAS LLOYD Presid. Wm. Clark, Rob' Turner, James Claypoole, Arth. Cook, Jos. Growdon, Wm. Markham, Secre. Phi. Pemberton, The Petition of James fox in behalfe of himselfe and y'^ Rest of the Inhabitants of y" Plymouth Township, was Read, requesting a Cart Road might be laid out to their Towne Ship. Ord""^ that there be no Disturbance or Molestation to the Inhabi- tants of the Pleymouth Townshipp, In their finding and Laying out a Convenient Cart Road from Philadelphia to their Township. Adjourned till v^ H"' Ins'. 9 in the forenoon. 154 MINUTES OF THE At a Meeting of the Councill in the Councill Roome In Philadel- phia y" ir"2^Mo., 1687. present: THOMAS LLOYD, Presid'. Jolin Symcock, Jam. Claypoolc, Rob' Turner, Arthur Cook, GrifF. Jones, Wm. Markham, Secre. Wm. Clark, Thomas Usher made his Appearance before this board according to Summons, to answer y" Complaint of John Vanculling, and for answer subscribed y*" Summons, with these words following, and Re- turned y' same so subscribed to y' Councill, Viz' : As to this Ord' my Returne is, I doe abide by my Lawfull Serving y' Execution upon y* Milch Cattle of Jn° Vanculin in y'' Case of Charles Ashcome. THO. USHER this U'" 2" Mo., 16S7. The Petition of Arnoldus Delagrange was Read, Requesting the Spee'dy payment of Money due to him from Christo. Taylor, Deceased. Answered. That if the Gov'" comes not, nor y' Councill hear from him in six Weeks or two months time, speedy Course shall be takea by this board to pay y" Petitioner. Adjourned till further Order. At a Councill In the Councill Roome in Philadelphia y' 13'" 2^ month, 1687. PUESENT ; THOMAS LLOYD, Presid'. Wm. Clark, Arth. Cook, John Barnes, Griff Jones, James Clay poole, Wm. Markham, Secre. Jno. Symcock, Ord"'' that y' Secretary signe Six Instrum'% to be sent one to Each County, to minde y" Magestrates of their^Duty m suppressing of all Desbauchery. The matter of the Supply being reassumed,Ord'^ that y" undertakers bring in their Reasons why the sum for the supply, according to their obligations, is not paid; y' day appoynted is the lO"" of y' next month. By Express Ord' from y'" Gov'' to The Frov" Councill, that notice be given to all persons Concerned in y" Caves or houses built upon y" bank of this Towne, on Delewareside, unless those Leased by the Gov' & not yett Expired, do by y"^ 20"' of y^ next month, provide for themselves other habitations, in order to have the said Caves or houses Distroyed, or otherwise Disposed off, as the Gov' shall see meet. The Petition of Rob' Jeffs was Read, requesting Relief against the forccable Entry and Deteincr of Thomas fairman. PROVINCIAL COUNCIL. 155 The address of Cap'. Tho. Holmes ag' Charles Ashcome was Read. Adjourned till Six to morrow morning. At a Meeting of the Councill in y° Councill Roome In Philadelphia ye 14th 2d j..onth, 1687. present: THOMAS LLOYD, Presid'. James Claypoole, Wm. Clark, Wm. Markham, Secre. Arthur Cook, John Symcock, The Petition of Thomas ffairman was Read, respecting the Differ- ence between him and Rob' Jeffs as to a forceable Entry ; as also, touching upon Capt Thomas Holmes. Robert Jeffs & Tho. fairman being both before y" Councill, and y" affair in Differance being Considerately Debated, it was unani- mously Ordered, with y" Joynt accord of both parties, y' Rob' Jeffs should have peaceable admission and possession into the Messauge and Premises Demised to him at frankford, by Tho. fairman, at or upon the next seventh day, in the forenoon, w'^'' will be y" IG"" Ins', and y' y*" Intended uncertaine Improvements mentioned in y^ margent of the Contract in writing, arc to be four hundred apple trees, to be sett and planted within y" first fourteen years, at a Convenient Dis- tance, with a pale, or a sufficient Close fence, and y^ same to be ac- cordingly Kept, and so surrendred at y^ Expiration of the Tearme. Ord"' that Tho. Barker, Sam" Jobson, Sabian Cole, Jno. More and Humph South, have their Returns made into y° Secretary's Office, (by the Survey"" Gen",) of the Land that was Surveyed for them by Charles Ashcome in the Welch tract, it being in all four thousand acres. Adjourned till further Order. At a Meeting of the Councill in the Councill Roome at Philadel- phia y' 19*^ a*" Mo., 1686*. present: WM. CLARK, Presid', p Choyce. James Claypoole, Griffith Jones, Wm. Markham, Secre. Robert Turner, The Gov"" and Councill's Letter of New York, bearing date y* 15 *^1687, 156 MINUTES OF THE Aprill, 1687, Directed to y' Presid' & Councill of Pennsilvania, was Read. Ordered That a Coppy thereof be sent to Presid' Lloyd, at New York. Adjourned till further Order. At a Meeting of the Councill in the Councill Roome In Philadel- phia y' lO'" 3" Mo., 1687. PRESENT : THOMAS LLOYD, Presid*. Jno. Symcock, John Roads, Jos. Growdon, Arth. Cook, Wm. Darvall, Wm. Markham, Secre. Wm. Clark, The Gov^ and Councill's lett^ of New York of y^ IS'" Aprill, 1687, Directed to y*" Presid' and Councill of Pennsilvania, was Read a second time. Ord"* that answer be sent by y' first Opportunity, Relating that Wee Know of no such man as D' plessie within this Province, nor shall be Countinanced by us. 2dly. as to y' Susquahanna and Skool- kill Indians, Wee hope such Care and diligence shall be used as will give no just occasion of Offence. The Petition of Wm. NichoUs was Read, requesting Relief ag' an Execution obtained in y^ County Court of Philadelphia by John Crept, against y" said Wm. NichoUs. Ord*^ That Cropt have notice to appear To-morrow before this board. The Petition of John Readwood was Read, requesting Relief against an Execution obtained ag' him in y° County Court of Phila- delphia, at y*^ sute of Rich' Hogbean. Ord"" That Rich'' Hogbean have notice to attend y'^ Councill to- ' morrow morning by 10. Adjourned till tenn To-morrow forcnoone. At a Meeting of the Councill In the Councill Room In Philadelphia y= 11'" 3" Mo., 1687. present: THOMAS LLOYD, Presid'. John Symcock, John Barnes, John Roades, Arthur Cook, Wm. Darvall, Wm. Clark, Griffith Jones, John Bristow, Wm. Markham, Sec. Joseph Growdon, Nich. Newlin, PROVINCIAL COUNCIL. 157 Rich"^ Hogbean appeared accordinir to appoyntment yesterday. Jno. Readwood's Petition y' was Read at y" board yesterday, was againe read. Orded that they goe together and Endeavor to accomodate y" Dif- ference between themselves ; if they Cannot, then to Come ao-aine. Wm. Sal way 6c Thomas Langhorne Came w"' a message from y° Assembly to know when they should wayt on y* Councill. Answered in halfe an hour, or sooner if they pleased. The King's Letter bearing Date y" W^ November, Directed to Presid' Lloyd or Secretary Markham, Commending the sending of John Grey, aP Tatham, by y" first Convenentcy of Shipping for England, to answer to severall Misdemeanors alliged there atr' him, was Read. The Assembly, with their Speaker, Came to The Councill : they made severall proposals to y° Councill, then left them in writint^, signed by their Speaker, w'"* are as foUoweth, Verbatim : Sundry Proposalls Agreed on by The Assembly to be presented to y" Presid' & Councill, as followeth: 1 . That y° Presid' and Councill be moved y' the Counties may not Suffer a Vacanlcy by the Suspention of members, but that y° persons may Either be re-admitted, or Else writs Issue out the respective places for a new Choyce. 2dly. That y" Councill be moved to revoke their Orders to the County Courts prohibiting Executions to be Issued out untill tenn days after Judgment, by reasons divers Inconvenentcies have accrued thereby. 3dly. That y° Presid' & Councill be Desired that for y° Continuing of a good understanding between y^ upper & Lower Counties, that there may be at least One of the Prov" Judges Chose from y'' Lower Counties. 4thly. That y^ Councill be moved prohibitt I regular Summons to be Issued out from one County to an other, to be Vexation of the free people of this Province, di Contrary to y^ Intent of y" Law. 5thly. That the Councill be moved according to y" power of y° Charter, to take a Speedy acco' of y'' moneys paid for y° Erecting of Bouys, &; y' w"' all Convenient Speed y^ sayd Bouys be Erected, for y^ safety and preservation of Vessels coming in and going out of this Province & Territoryes, & to prevent the Claymours of Masters of Vessells who are obliged to pay the Money and Reape no bene- fitt thereby. Signed p order. JOHN WHITE, Speaker. Philadelphia, y= ll"' &' mojith 1687. Adjourned for an hour. 14 158 MINUTES OF THE POST MERIDIEM, y'' ll* 3^ Mo., 1687. PRESENT : THOMAS LLOYD, Presid'. x\rth. Cook, Griff. Jones, Wm. Clark, Jno. Symcock, Jno. Bristow, Wm. Dervall, Jos. Growden, Nich. Newlin, Wm. Markham, Socre. Jno. Barnes, John Roades, Rob' Jeffs made his address to y" Councill personally, without writing, Complayning that the Order of this Board of y" 14"' 2^ Mo. last, was not observed, and Requested they would be pleased to Order y" Justices forthwith to Execute it. Ordered y' y" Magestrates before whome Enquirie was made, have notice of the address of Rob' Jeffs, and y' it is the unanimous opinion of this board, that according to y" mutuall agreement of both parties {Viz: Tho : fairman and Rob' Jeffs,) made before this board on y' 14'h of y" 2'' Mo. Last past, the said Rob' Jeffs ought to liave Re- possession of his house and Tenement at franckford. Wm. Nicholls and John Crept being by appoyntment on y' Id"" Ins' to appear before this board yesterday, made their appearance t{> day. After a long hearing of y^ Difference between them, it was or- dered that Wm. Nicholls Bring in his account to morrow morning. The Councill's Answer To y* Proposalls made by the Assembly in y° forenoon. 1. If a suspended member be not admitted, nor Cleare himselfe within two months, then a new writt shall be Issued to Choose an other according to Law. 2. Wee Refer the same to y^ former practice, and y" Discression of y" Judges and Justices of the Respective Courts. 3. In Choyce of Judges, there shall be tender Regard and due Re- spect had to y" Lower Counties. 4. That all Irregular Summons from one County to another shall be wholly Discountinanced. 5. It's Ordered that an acco' be brought to y° Prov" Councill of what money hath been Collected on acco' of Bouys, w"" all Convenient Expedition, that it may be applyed to its proper use. Adjourned till 9 To morrow morning. At a Meeting of the Councill in the Councill Room In Philadelphia y« 12"" S"* Mo., 1687. PRESENT : THOMAS LLOYD, Presid'. Arthur Cook, .Tohn Bristow, Joseph Growdon, Ja. Claypoole, Nich. Newlin, John Barnes, Wm. Dervall, Griffith Jones, Wm. Markham, Secre. John Roades, John Sjmcock, PROVINCIAL COUNCIL. 159 Luke Watson and Vallentinc Hollenswortli Came with a Message trom y' Assembly, to Know when y" Councill would be at Leasure to hear some proposalls from y^ Assembly. Answered. As soon as they pleased. The Assembly Came with their Speaker to the Councill, and having Debated on y' proposalls following, left them in writing, signed by their Speaker, which foUowes, Verbatim : Ordered y' a Conference be proposed to the Presid' & Prov" Coun- cill, wherein some Laws w"^ are Lyable to Divers Interpritations or Expositions, may at this Gen" Assembly be Explained, & y* true meaning thereoff Declared, to prevent Diversity of Opinions and Er- rours that may otherwise arrise. Viz : 1 . That the Law relating to goods taken upon Execution & ap- praised, whether y' Creditor shall be obliged to take them at y" Rate appraised if they will not advance higher at y" publick Sayle, and whether y^ appraisers are by Law Intended to be appraisers in other matters. 2. The Law Concerning Quarter Sessions ; how far y" County Quarter Sessions may be Judges of Equity as well as Law, and if after a Judgment in Law, whether the same Court hath power to Resolve itselfc into a Court of Equity, and Either Mitigate, alter, or Revers y" said Judgment. 3. That the Presid' & Prov" Councill be Requested to take such EfFectuall Care about setling the antient port of the whorkills at Lewis, whereby y^ Inhabitants may not be deprived of benefit of Re- ceiveing goods from on board any Vessell, untill y' said goods be first (Cleared at New Castle, whereby y" Difficulty of returning, and some times the danger that doth otherwise attend Vessels, have Deprived y^ Inhabitants of Such goods as have been Consigned to them. 4. That the Presid' & Councill be requested to Command that such necessary Publick Roads be Every where sett forth and Duly maintained, & more Especially in y" County of Philadelphia, y' travi- ling for man and Beast may be more Easie, safe & Certaine. 5. That the Assembly Confer with the Prov" Councill about the regulation of the Current pay of this Governm*. Signed p Order. JOHN WHITE, Speaker. Philadelphia, the IS"- 3 Mo., 1687. Adjourned for one hour Pressisely. POST MERIDIEM. 12 3 Mo., 1687. present: THOMAS LLOYD, Presid'. Jos. Growdon, Jam. Claypoole, Wm. Darvall, Jno. Bristow, Wm. Clark, Griffith Jones, Jno. Symcock, Nich. Newlin, Wm. Markham, Secre. Arthur Cook, John Roades. A Letter bearing date y' 9'" Inst, from James Walliams, Collector 160 MINUTES OF THE at New Castle, Directed to y" Secretary, was Read, Desireing y' if the Warr' of assistance was Ord"'' by y^ Councill, to send it him downe. Ord''^ that y'' Secretary Informe him of a Comission newly received from y*" Gov", and Expected Every day to be opened, to w"'' the Grant- ing of the W'arrant is Referred. A Comission Directed to Wm. Markhani, Thomas Ellis & John Goodson, was Read at this board, Wm. Markham & John Goodson being present; it was Date y"= 21'" 11'" Mo., 1686. Adjourned till y' 16"' Inst', 9 in y' forenoon. At a Meeting of the Councill in the Councill Room in Philadel- phia The 16'" of the 3" Mo., 1687. present: THOMAS LLOYD, Presid'. Arth. Cook, Joseph Growdon, .John Barnes, Wm. Clark, John Bristow, Wm. Markham, Secre. Griff. Jones, Ord"'' that a writt be forthwith sent to Kent County, for y" Chooseing of a member of Councill in y' Roome of John Curtis, Dissmissed. Ord"" that ne^v Sheritf be ('omissionated for y° County of Sussex, with all Expedition. Orded I'hat a Comission be made for John Roads to be Renger of Sussex County. Adjourned till further Order. At a Meeting of the Councill in the Councill Room at Philadelphia y^ 17"' 3'' Mo., 1 687. PRESENT : THOMAS LLOYD, Presid'. Arth. Cook, Wm. Clark, GrifF. .Tones, Jos. Growdon, John Symcock, Wm. Markham, Secre. Tiie Petition of Elizabeth Shorter, Widdow, was read, Complayn- ing that John Rush, her son in Law, instead of a Letter of Atturney that shee was to signe, prepared a Deedof gifft of all her Estate, with power of Atturney, to one Sam" Atkins, to acknowledge the same in Court. The Wittness to y" Deed were severally Examined ; they all Confest the writing was not read to her, nor Could shee Ever write or Read hcrselfc, so y' it appeared to this board to be an absolute Cheat. Adjourned till further Order. PROVINCIAL COUNCIL. 161 At a Meetino; of the Councill in the Councill Roomc at Philadel- phia y^ IS"" 3' Mo., 1687. peesent: THOMAS LLOYD, Presid'. Arth. Cook, .Tames Claypoole, Joseph C.rowdon, Jno. Symcock, GritF. Jones, Wm. Markham, Secre. Wm. Clark, The Writt for Choosing a member of Councill for v" County of Kent, in y*" Roome of Curtis, Dismissed, was this day signed by y' President. The Petition of John Redwood for Releef against an Execution Surreptitiously obteined against him at y' Sute of Rich' Ilogbean, at •f County Court of Philadelphia, (formerly Read at this board,) and now Read againe. Answered. It is y° Sense of y° Councill that the offers John Redwood made before y*" Members of this board for y^ Satisfacon of the Debt he Oweth to Rich'' Hogbean, are Sufficient, Viz : to give Se- curity to pay y""' Debt in Sussex County, where the Creditor lives. Secondly, he Offered a Warrant of Atturney to Confess Judgment for y' same in y"" next Court to be held in y"" County of Sussex, if not payd before. And Lastly, y*" Creditors refuseing to take Wm. Clark security for y° payment of y" Debt within six weeks time, notwith- standing the Cred' first proposed it, & Wm. Clark willing thereto. Therefore, this board's Opinion is, that y° Creditor, Rich'' Ploggbean's, behaviour in this is Litigious and Vexatious. The Petition of James Browne was Read, desiring the paym' of money due to him from Chr. Taylor, Deceased. Answered, that at the time appoynted, Arnoldus De La Grange, it shall have its answer. The Petition of Thomas ^^'oolaston was Read, Complayning that y' County Court of New Castle had Dcnyed him an appeal to have his Cause heard in Equity, notv/ilhstanding he gave his reasons for Requesting his appeal, and his Security then ready in Court; he pro- duced to this board y" Coppy of y" proceeding in y'' County Court, w*^ was signed by y" Clark thereoff, upon y* Reading off which y"' Coun- cill approved ofy° reasons therein given to be sufficient for y" granting him an appeal ; & thereupon ord''' y' y'' Secretary take Security of y' i' Tho. Woolaston, for the Prossecuting y" said appeal at y° next Prov" Court, and then sent a Coppy of this minute, v/ith orders from this board, under y° secretary's hand, to y' Magcstrates of New Cas- tle County, or a Quorum thereof, willing & requiring them to stopp all further proceeding relating to this Cause in y' County, and y* tha appeal be granted him to y" next Prov" Court. Adjourned till further Order. 14* 162 MINUTES OF THE At a Meeting of the Councill in theCouncill Roome in Philadelphia Thel7"'ofy^6'"Mo., 1687. PRESENT : THOMAS LLOYD, Prcsid'. Wm. Clark, Jos. Growdon, John Bristow, Arth. Cook, Nich. Ncwlin, Wm. Markham,Secre. GrifF Jones, Ordered that a writt be sent to y° ShcrrifTof Philadely:>hia County, for y^ Choosing of a member to serve in Prov" Councill in the Roome of James Claypoole, Deceased, & that y*^ Election be on y" 26"" Inst'. Adjourned till 3 in y" afternoon. POST MERIDIEM. PKESE AT : THOMAS LLOYD, Presid'. Wm. Clark, Griffith Jones, Rob' Turner, Arth. Cook, Nich. Newlin, Wm. Markham, Secre. Jos. Growdon, John Bristow, Ordered y* a Gen" Comission of y^ Peace be made for y" County of Philadelphia, and to put in John Eckley, Tho: Ellis, John Goodson, Wm. Southersby, Barnabas Willcox, Joshua Cart, John Shelton. The Petition of about three score people. Inhabitants of Chester County, was Read, setting forth the great want of a INlill in their j)arts, and Requesting a Permission for Thomas Coebourne to goe for- ward with y" building, and setting up of his mill on Chester Creek. The Councill is willing to give Incouragem' to y"" Proceedure of Thorn. Coebourne in the finishing of his mill that he is now about, for y ■ urgent necessity of y^ Contrey, Reserving to y" Gov"" his Proprie- tary Shipp. Adjourned till 7 to morrow morning. At a meeting of the Councill in the Councill Room at Philadelphia y ^gth QtU ]^Io_^ 1687. present: THOMAS LLOYD, Presid'. Wm. Clark, Griffith Jones, John Bristow, Artli. Cook, Jos. Growdon, M'^m. Markham, Secrc. Rob' Turner, Ordered That those persons who were Constituted Deputies by James Claypoole, late Register Gen" of -s" Province and Territories, doe Continue in y" Said Office unlill fiu'ther Ord'. Ord'^ that John Eckley be Constituted Register Gen" in the Roome of James Claypoole, Deceased, till y" Gov" pleasure be further knowne, in order to his Disposall of y" said Office. PROVINCIAL COUNCIL. 16S Ord"^ That Thomas Hooton be requested to prove the will of Chris- topher Taylor, Deceased, & to administer upon y* same. The Petition of Arnoldus Delagrange was Head, Requesting y' Paym' of what was Owing to him by Chris. Taylor, Deceased, ac- cording to a promise made by this board 11"' 2"^ month last past. Refcred to Tho. Hooton, who is desired to administer upon y^ Estate. The Petition of Maj"' VVm. Dyer was Read, setting forth his sevear usage by an Illegall proceeding ag' him at New Castle, in attachment of his Goods, & desiring Reliefe from this board. Ordered y" the Clark of New Castle Court be writ to to transferr to y° Secre'>* Office y' Coppy of what proceedings Remains on y" Courts Records against Maj' Dyer, upon y^ attachment aforesaid. Vpon y'' Reading y" Petition of y' Inhabitants of Rodnor, Com- playning y' part of y'^ road y' leades thence to the ferry of Philadel- phia is tienced in, & more likely to be, it was Ord'''' y' John Bevan, Henry Lewis, David Merideth, John Evans, Barnabas Wilcox & Tho. Duckett, meet within fourteen days, to view or agree upon, as Conveniently as may be, a Road from y^ Place aforesaid to y'' ferry, and y^ Like Convenient Road from Darby to y^ ferry aforesaid, by y" said Barnabas Willcox, Tho. Duckett, with John Blunston & Joshua fearme, by y" Time aforesaid, and to Returne y^ same to this board y^ next sitting of Councill for their approbation. John Bristow is desired to give y^ Persons above mentioned notice thereof in his Returne. Wheras there was a late Order for y" Viewing and Discovering a maine Road from y" Center of Philadelphia y" Shortest way to y^ falls, it is Requested y' Rob' Turner and Wm. Markham, with y" As- sistance of y" Survey' Gen" and his Deputy, to make use of y'' most speedy and SuccesfuU Methods for y'' running y" same. The Petition of John Ithell was Read, setting forth that Rob' Turner had Nine Small baggs of peices of Eight of Wm. Steets of Cork, in y" Kingdome of Ireland, part of w* y" said Robert Turner hath de- livered, and desires to be acquitted of y° Residue, therfore prays it might Lodg in y' hand of Humphrey Morrey or John Bristow, or who y^ Councill shall appoynt. The Councill would not meddle with it. Adjourned till y' 8'" 7* Mo. next. At a Meeting of the Councill in the Councill Roome at Philadel- phia y'= 8*^ 7"' month, 1687. present: THOMAS LLOYD, Presid'. Wm. Clark, Jno. Bristow, Robt. Turner, Jno. Cann, Griflith Jones, Wm. Markham, Secret^. P' Alrichs, Nich. Ncwlin, 164 MINUTES OF THE The Petition of Maj' Wm. Dyer that was Read y' last sitting of the Councill was againe Read. The Clark of New Castle County being present, and Informing y' Councill of y" favourable proceedure of y" County Court upon y" At- tachement of y° Goods of Maj" Wm. Dyer, at y' sute of Mathias Van- derhayden, in not granting Judgment, notwithstanding y' Petitioner's promise of appearance y'^ second Court after y"" proces served, and they being now better satisfied of his Estate and Residence in this (yovernm', W^ee doubt not but upon his application to them he will findc Speedy and Easey Redress. Vpon the Application of Thomas Hooton, who was desired y' last sitting of Councill to prove y'' Will & administer upon y' Estate of Chris. Taylor, he accepted ^"'same, upon this Request, that he might not be Continued Longer by the Councill then he would well dis- charge y^ same, the w'^'' y" Councill Granted. Sam" Carpenter was Returned to this board to serve as a member of Prov" Councill y^ Remaining part of y" time James Claypoolewas to serve. Part of a Scurrilous Invective Libel against Rob* Turner, a worthy member of this board, & foi'merly one of y" Judges for this Province and Territorys, w""^ very abusively reflected upon him in y^ Execu- tion of that Office, in such matter as to our Certainc Knowledge is most abominably false and untrue, was Read ; Wherupon it was unanimously agreed by all y^ members present, that all Convenient Speedy Course shall be taken for y" Discovering of y" forgers, or first Contrivers, as well as y^ Publishers of y' same, that they may be brought to Condigne punishment. Adjourned till tenn To morrow morning. At a Meeting of the Councill in the Councill Roome in Philadelphia y'U'^of y'T'nio., 1687. teesent; TIIOI\IAS LLOYD, Presid'. Robt. Turner, Jno. Bristow, Sam" Carpenter, Jno. Symcock, Nich. Newlin, Wm. Clark, John Cann, Griff. Jones, Wm. Markham, Secre. Pef Alrichs, Sam" Carpenter, y' was Returned yesterday by }'* Sheriff of Philadelphia County, to serve in Prov" Councill in y" Roome of James Claypoolc, for y'' Rcmayning time he was to serve. This day signed y" attest and took his place at y° Board. John Cann proposed in y^ behalfc of y* County of New Castle, y' the King and Gov" Concernc may not suffer for want of an Atturney (^en". The Councill take it in to Consideration, y' y° Province and Territories shall be supplyed as occasion shall Require. ;- Ord"' that Writts Issue forth for y" Choosing of two members of Prov" Councill, one for y* County of Kent, in y" Roome of John PROVINCIAL COUNCIL. 165 Richardson, who for his non appearance according to Law and Char- ter, and his seeming unwillingness to serve, is Removed. The other for y' County of Sussex, in y" Roome of Maj' Wm. Dyer, who for not Clearing himsclfe of y' Charge against him within y" time allowed him, is Dismissed. Ord''' that if John Ecklcy refuses to accept ot the Office of Register Gen", y' the Presid' offer it to John Goodson. Adjourned till y" tenth of y" next Mo. At a Meeting of the Councill in the Councill Roome at Philadel- phia y^ 28"" 7 bre.,. 1687. present: THOMAS LLOYD, Presid*. Arth. Cook, Sam" Carpenter, John Barnes, John Symcock, Nich. Newlin, Robt. Turner, GrifF Jones, Edw** Green, Wm. Markham, Secre. Ordered that Thomas Ellis be put in the Comission for Register Gen", in y^ Roome of John Eckly, formerly appoynted for y^ same, and in Case Thomas Ellis Refuse it, y" President and Secretary are Irapowred to nominate and appoynt one. Adjourned till y" 25'" next month. At a meeting of the Councill in the Councill Room at Philadelphia r 18'" 9"" Mo., 1687. present: THOMAS LLOYD, Presid'. Arth. Cook, John Barnes, Jos. Growdon, John Symcock. John Bristow, Griffith Jones. Wm. Carter's Year of Sherriffiilty being Expired, y" Councill doe hereby nominate and authorise John Claypoole to act and be Sherriff for the City and County of Philadelphia, and y' y' Secretary upon his Returne, doe forthwith prepare a Comission accordingly, to Con- tinue till further Order, and y^ Presid' is desired to signe y^ same. Adjourned till To morrow. At a Meeting of the Councill in the Councill Roome In Philadel- phia the 19'" of y= 9'" month, 1687. present: THOMAS LLOYD, Presid'. Arth. Cook, John Bristow, Jos. Growdon^. John Symcock, Griff Jones, 166 MINUTES OF THE Wheras we are Informed by Wm. Clark, a member of Councill for v" County of Sussex, y' y'' Comission of the Peace for y" said said County is Expired, it is therfore y° Request of this present Councill that y' Presid', w"' y* assent of y' present members, doe send to y* said County a New Comission by y*^ first Opportunity. The Presid' as aforesaid, is Desired to Supply Kent County also with a Comission, if occasion be. Adjourned till further Order. At a Meeting of the Councill in the Councill Roome at Philadel- phia y' 8'" IS"" Mo., 1687-8. present: THOMAS LLOYD, Presid'. Rob' Turner, John Cann, Jos. Growdon, Arth. Cook, Jno. Bristow, Sam" Carpenter, Jno. Symcock, Phi: Pemberton, Wm. Markham, Secre. Pef Alrichs, Griff Jones, Adjourned till 3 in the afternoon, or till further Order. At a Meeting of the Councill in the Councill Roome in Philadelphia y' 9'" 12"' Mo., 1687-8. PRESENT : THOMAS LLOYD, Presid'. Robt. Turner, Griff. Jones, Joseph Growdon, Arth. Cook, Phin. Pemberton, John Cann, Jno. Symcock, Sam" Carpenter, Wm. Markham, Secre. Pef Alrichs, John Bristow, The Gov"^ Comission under y" broad Seal, unto Thomas Lloyd, Rob' Turner, Arth. Cook, John Symcock, & John Eckley, Impow- ring them, or any three of them, to be his Deputy or Leiftenant, was Read. At a Meeting of the Councill in the Councill Room at Philadelphia ye gth jgih Mo., 1687-8. present: * fl. Thomas*Lloyd, ~) I 2. Rob' Turner, j Councillors. <( 3. Arth. Cook, J> Dep*^ Gov'. I 4. .John Symcock, | {_5. JohnEcklej. J PROVINCIAL COUNCIL, 167 f Peter Alrichs, Sam" Carpenter, Councillors Dep''' Gov'. I 4. Arth. Cook, | 1^5. Jno. Eckley. J {Griffith Jones, Wm. Yardley, Sam" Carpenter, Barth. Coppock, Sam" Richardson, Wm. Markham, Secre. Four of >'° above mentioned Councillors were Returned by y' Sheriffs of their respective Counties, to serve as members of Coun- cill for three years next Ensuing, Viz' : Sam" Richardson for Phila- delphia, Wm. Yardley for Bucks, Barth. Coppock for Chester Coun- ties, Griffith Jones for Kent; the which Returnes v/ere accepted ; y* members Returned admitted, signed y^ Attest, and took their place. Adjourned till 9 to morrow in y^ forenoone. At a Meeting of the Dep*^ Gov' & Councill in the Councill Roomc- at Philadelphia y'' 31'" of y' 1" Mo., 1688. PRESENT : I 2. Rob' Turner, | Councill". Dep'^ Gov', I 4. Arth. Cook, j L5. John Eckley. J < 168 MINUTES^ OF THE f Griffith Jones, Barth. Coppock, „ .,, J Sam" Carpenter, John Bristovv, Councillors. <; g^^„ p^i^.hyj.dson, Wm. Markham, Secre. l__Wm. Yardley, Wm. Clark's Letter to y^ Dep'^ Gov' and Councill, without Date, was Read. Luke Watson appeared and Presented himselfe as a member of Councill, Chosen j" last Election, for y" County of Sussex, but no Returnc being made Could not be admitted. The Complaint of y^Maj'' part of y" free-holders of Sussex Coun- ty against y" Sheriff, for not returning a Member they had Chosen to serve in Prov" Councill, was Read. John Hill presenting y" Complaint was Called in, and answer given him that it should have a Due Consideration, and Justice Don to y" County. Ord"* That franc. Cornwell, Sherriff of Sussex County, be Ord"* to appear before y'' Deputy Gov' and Councill y^ same day y* next Gen" Assembly is to meet, to answer y" Complaint above. Adjourned till y* 2^ of y^ next Mo., tenn in y* forenoon. At a Meeting of the Dep"^ Gov"" & Councill in the Councill Roome at Philadelphia y= 2" of y-^ 2'^ Mo., 1688. PRESENT : n- 1 I 2. Robt. Turner, | Councillors. <( 13. John Symcock, )> Dep'*' Gov'. I 4. Arth. Cook, j 1^5. John Ecklej, J f John Bristow, Wm. Yardley, 1 John Cann, Barth Coppock, Councill". <^ Griff Jones, Jos. Growdon, 1 Sam" Richardson, Wm. Markham, Secre. LSam" Carpenter, The Returne of JNev/ Castle County was Read & allowed off. Johannes D. Hacs was Returned to serve in Prov" Councill, but made not his appearance at y^ board. Adjourned till 3 in y' afternoon. POST MERIDL\M. fl. Thomas Lloyd, "^ I 2. Robt. Turner, | Councill. <( 3. John Symcock, ^ Dep'^ Gov', j 4. Arthur (>ook, | \^5. John Eckley, J PROVINCIAL COUNCIL. 169 pjohn Bristow, J Sam" Carpenter, Councillors. <^ Joseph Growdon, { Wm. Yardley, [^Barth. Coppock, Adjourned till 9 to morrow in forenoon. GrifF. Jones, John Cann, Sam" Richardson, Wm. Markham, Secre. At a Meeting of the Councill in the Councill Roome the 2^ of y' 2^ Mo., 1688. present: fl. Thomas Lloyd, ") ! 2. Councillors. <;3. 15. )> Dep*^ Gov'. Council!". John Symcock, Arth. Cook, John Eckley. f Griffith Jones, I Pef Alrichs, <^ John Bristow, I Wm. Yardley, l^Sam" Carpenter, Severall Petition were Read from y^ Inhabitants of their Respective Counties, Requesting y^ Prohibiting y' Exportation of Dear skins. They were Referred to the Consideration of a Comittee. Severall Orders of y' Last Legislative Councill were Read. The Comittee appoynted are Sam" Carpenter, John Bristow, Joseph Growdon, John Cann & Griffith Jones. Adjourned till 10 to morrow forenoon. J John Cann, Barth. Coppock, Sam" Richardsoa, Joseph Growdon, Wm. Markham, Secre, At a Meeting of the Councill in the Council) Roome in Philadelphia y* 4'" of y-^ 2'' Mo., 1688. Councillors. Councill" PRESENT : fl. Thomas Lloyd, I 2. <^ 3. John Symcock, j 4. Arthur Cook, ^5. John Eckley. f John Cann, I Pet Alrichs, <^ Sam" Richardson, I John Bristow, l^Joseph Growdon, 15 1 ;> Dep'^ Gov*. Wm. Yardley, Barth Coppock, Sam" Carpenter, Griffi Jones, Wm. Markham, Secre. 170 MINUTES OF THE The Comittee appoynted yesterday, brought to this board their transactions, w* were Read & ffyled. The board debated upon sevcrall of y' Propositions y* Comittee presented. Adjourned till 3 in the afternoon. POST MERIDIEM. present: fl. Thomas Lloyd, "^ I 2. I Councill". Dep'y Gov'. I J John Cann, Pet"" Alrichs, Barth. Coppock, Griffith Jones, Wm. Markham, Secre. <;3. I 4. 15. At a Meeting of the Councill in the Councill Room at Philadelphia y' 5"" of y^ 2" Mo., 1688. present: f 1. Thomas Lloyd, "^ I 2. Rob' Turner, I John Symcock Arthur Cook, John Eckley. pSam" Richardson, ] Peter Alrichs, <( Wm. Yardley, } John Cann, l^Sam" Carpenter, The Comittee brought in severall Bills Drawne up, y" w*^' were De- bated, and that they may be in a more Exact forme, they were Re- comended to y' Care of John Cann, Sam" Carpenter & Jos. Grow- don, as a Comittee, with y° Atturney Gen" to assist them. Adjourned till 7 To morrow morning. Councill™. Counciir )> Dcp'y Gov'. Rarth. Coppock, Griffith Jones, John Bristow, Joseph Growdon, Wm. Markham, Secre. PROVINCIAL COUNCIL. 171 At a Meeting of the Councill in the Councill Room In Philadelphia y e"' of y' 2'^ Mo., 1688. present: I 2. Rob' Turner, j Councill". ' Gov'. i 4. Arth. Cook, | Ip. John Eckley. J pSam" Carpenter. Jno. Cann, I Crifiith Jones, Pef Alrichs, Councill'^. <^ Jno. Bristow, Wm. Yardley, I Sam" Richardson, Joseph Growdon, l^Barth. Coppock, Wm. Markham, Secre. The Proposalls made to this board were severally Debated, as foU lowcth : 1''. About fferrys. It is Referred toy'' Law in y'-Case made. 2'"''. About Provision for y^ Poor. Resolved, y^ County Courts not having sufficient Power, notwith- standing y' 126 Law, to Raise money for a Stock to Defray necessary Charges of their Respective Counties, it is therefore ord"" by y^ Gov' and Councill, thatt a bill be prepared to Enable them to Raise y* same according to their discrestions, by w* means y' 32'' Law will be sup- plyed. 3="^ About Selling of Rum to y'^ Indians. Ord"* y' y" Magestrates be Reminded to put y*" 15"" Law in Execution, both in y" Pro- vince & Territorys. 4"''''. After a Considerable Time taken up in Debate about This proposition, it was put by. Adjourned till 2 in y" Afternoon. • POST MERIDIEM. PRESENT : f 1. Thomas Lloyd, "^ j 2. Rob' Turner, | Councill". <^ 3. John Symcock, )> Dep''' Gov'. I 4. Arthur Cook, | [_5. John Eckley. J f Sam" Carpenter, Griffith Jones, ( Sam" Richardson, .John Bristow, Councill". "^ Peter Alrichs, Barth. Coppock, I John Cann, Jos. Growdon, \JWxn. Yardley, Wm. Markham, Secre. 5thly. About Killing of Wolves. Resolved, y' y'= Gov' and Councill, when desired by y" Respective Magestrates of any Court, will grant their Order for y'^ Incourage- ing y' Indians to y' Destroying of Wolves beyond y" provision made tjy Law. 172 MINUTES OF THE 6thly. About y" Strengthning the 169 Law about y' Transporta- tion of Dear Skins. Ord'*' a Bill be prepared for y" same. Adjourned till 7 To morrow morning. At a Meeting of the Councill in the Councill Roome in Philadel- phia y-^ 7"^ of y''2''Mo., 1688. ;> Dep'^ Gov\ I J Joseph (^rowden, Sam" Richardson, Griffith Jones, Peter Alrichs, Wm. Markham, Secre. f 1. Thomas Lloyd, "^ I 2. CounciH". ^ 3. John Symcock, I 4. Arthur Cook, [_5. John Eckley. f Wm. Yardley, I John Bristow, Councillors. -^ Sam" Carpenter, j John Cann, l^Barth. Coppock, The Gov' of New York's Letter Directed to y" President & Coun- cill, bearing date y' 30* of March, 1688, with y' Coppy of y^ King's Ord' directed to y" Said Gov'', were both Read at this Board : it was Recomcnded to y'' Members of Councill to give their Oppinion thereon. A bill for Enabling Widdows and Administrators of Intestates, with approbations of y' Councill, &c. to dispose of part of y' Intestate's Lands towards y^ Defraying of Just Debts, Towards y° Education of Children and support of y' Widdows, &c. was y" first time Read. A bill for y° prohibiting y" Exportation of Dear Skins undressed, w"'out Certificate, as in y" 1 69 Law, and drest in qp wise, was y' first time Read. Adjourned for an Hour. POST MERIDIEM, the 7"' of y' 2^ Mo., 1688. PRESENT : f 1. Thomas Lloyd, "^ I 2. Rob'. Turner, Councillors. -^ 3. John Symcock, I 4. Arthur Cook, [^5. John Eckley. pWm. Yardley, I P' Alrichs, Councillors. ^ John Cann, I Barth. Coppock, l^Joseph Growdon, The Petition of Thomas Woollaston was Read, Requesting relief ag' Gramton for not obeying y" Decree of y° Prov" Judges, and I ;> Dep*^ Gov'. J Griffith .loncs, Sam" Richardson, Sam" Carpenter, Wm. Markham, Secre. PROVINCIAL COUNCIL. 173 forceably Entred into his house, & Driven his Cattle oti' of his Land. The Deposition of James Read, taken before Cornelius Empson, justiceof y"Peace,(w"'* witnesseth y'Thomas VVoolaston tendered pay to John Gramton, according to y^ Judge's Decretall Order,) was Read. A Certificate was Read, signed by John Richardson, Hen. Hol- lingsworth & David Richardson, Certifying y' y'^ said Woollastonhad at fernhook two Cows, one Bull, one horse. Bridle and JSaddle, valued by them at Eighteen pounds, w'^'' was tendered for y" satisfieino- of John Gramton, according to y^ Prov" Judge's Decree. The Judge's Decree aforesaid was Read. The whole Matter in Difference between Thorn. Woollaston and Jno. Granton, as a fore said, is by Ord' of this board Referred to y' Determination of the Judges at y' next Prov" Court, and notice to be sent to John Granton to appear there. The Petition of Wm. Guest ag' y" Sheriff of New Castle County was Read. John Cann accomodated y" Difference. Mordica Howell's Petition was Read, Craveing anOrd' for a Spe- ciall Court: he was Referred to y'' County Court. The Petition of James Fox in y" behalfe of y" Plymouth friends was Read, Requesting y" Confirmation of y' Road to y" Plymouth Tovvnshipp, w""'' was Laid out by an Ord' from this board. Orded that it shall Continue till altered by the Gov'' & Councill. The Petition of y*" Inhabitants of at y" Center of Philadelphia, Re- questing y" fayr to be Kept there. Answered the next fayr will be granted to be kept at y* Center. Adjourned till y^ y"" Ins', 9 in y° forenoon. At a Meeting of the Councill in y'^ Councill Room at Philadelphia y^-9"' ofy'^2''Mo., 1688. PRESENT : j 2. Rob' Turner, | Council. <^ 3. John Symcock, )> Dep'^ Gov". I 4. Arth. Cook, | \^5, John Eckley. J pSam" Richardson, Peter Alrichs, { John Cann, Sam" Carpenter, Councill". ^ Joseph Growdon, John Bristow, I Gritfith Jones, Earth. Coppock, l^Wm. Yardley, Wm. Markham, Secre. The Petition of Henry Stretcher was Read, Requesting Relief ag'y° Sevear sentence of y° County Court of Sussex ag' him in an action ot "Evidently w*. 15* 174 MINUTES OF THE Slander, wherein Wm. Clark was Plantive ag' him; the proceedings of y' County Court was likewise Read. Ordered that an Ord' be sent to y° Sheriff of Sussex County to suspend y" whipping of Henry Stretcher, w'^'' was part of the Sentence, untill y'^ "first day ofy'^ 4"' Mo., next. Adjourned for an hour and halfe. POST MERIDIEM. PRESENT : f 1. Thomas Lloyd, ^ I 2. Rob' Turner, | Councillors. <^ 3. Arthur Cook, J> Dep'" Gov'. I 4. John Symcock, | t5. John Eckley. J Sam" Richardson, Sam" Carpenter, Peter Aldrichs, Joseph Growdon, John Cann, Griffith Jones, Wm. Yardley, The bill for Enabling "Widdows of Intestates to Dispose of Lands was Read, with approbation, the second time. The Bill prohibiting y" Exportation of Deer Skins, &;c. was Read y*" Second time. The Bill for Continuing of y'' former Laws was Read y'^ first time. The Bill for Sale of Lands upon Execution to pay debts, being Ex- planatory and additionall to a former Law made at Upland, wherin Land were made Lyable to pay debts. Read y" first time. The Presid' was desired as being M'' of y' Rolls, that a bill might be prepared for y^ Indemnifieing of Gifts, Grants, & Conveyances of Land, and other writings w"*" were un recorded, or not Recorded ac- cording to Law, and that all bills and bonds may be free for y^ future that is under y" penalty of that Law. Adjourned till 7 to morrow morning. John Bristow, Barth. Coppock, Wm. Markham, Secre. At a Meeting of the Councill in the Council! Room at Philadelphia y^ 10'' of y*-' 2"' month, 1688. Councillors. Sam" Carpenter, Sam" Richardson, .John Cann, Joseph Growdon, PRESENT : fl. Thomas Lloyd I ii. Robert Turner, <( 3. John Symcock, I 4. Arthur'Cook, [5. John Eckley. Wm. Yardley, Barth. Coppock, Griffith Jones, 1 I )> Depty Gov'. I I J Jno. Bristow, Peter Alrichs, Wm. Markham, Secre. PROVINCIAL COUNCIL. 175 The President brought in a bill to this board for y* Indemnyfieing y' non and undue Recording of Gifts, grants and Conveyances, &€., w"' y" Exception Desired. Read y' first time. The bill of Supply was y^ first time Read. The Returue of y" members for Sussex County was Read and al- lowed, but it being Sent by water mist its being here in Due time. Adjourned till two in the afternoon. POST MERIDIEM. Councillors. present: 1. Thomas Lloyd, "^ 2. Robert Turner, I ^ 3. John Symcock, I 4. Arthur Cook, | \J>. John Eckley. J Barth. Coppock. Sam" Carpenter, John Cann, )> Dep'> Gov' Sam" Richardson, Peter Alrichs, Wm. Markham, Secre. Joseph Growdon, Wm. Yardley, John Bristow, Griffith Jones, The bill for Continuing y° former Laws a second time Read. The bill for Enabling Widdows of Intestates to sell land, &c. Read a Second time. The Bill for inaking Lands Lyable to pay debts was Read a second time. The bill for Intrest read y° first time. Adjourned till two in y" Afternoon to morrow. At a Meeting of y® Councill in the Councill Room at Philadel- phia y^ 11"^ of y= 2'' month, 1688. present: fl. Thomas Lloyd, "^ I 2. Rob' Turner, | Councillors. Dep*y Gov'. I 4, Arthur Cook, | \J>. John Eckley. J Joseph Growdon, John Cann, Pef Alrichs, John Bristow, Griffith Jones, Wm. Markham, Secrc. Wm. Yardley, Sam" Richardson, Barth. Coppock, Sam" Carpenter, The Petition of Abrah. Man was Read, requesting y^ Gov' and Councill to Order him a Rehearing in y° County of Now Castle, of y" Actions in w''*' Judgment passed against him in his absence, he being out of y" Government and knew not of their Comcncement. The Justices of y" Said County at his Returne had granted him an 176 MINUTES OF THE appeal to y" Pi'ov" Court, but y* Judges therof not thinking it Came Regularly before them. Refused the hearing of it. 'riio bill for Supply was Read a Second time. The bill about Intrest was Read a Second time. The bill about y"" Records was Read a Second time. The Bill for Prohibitting y° Exportation of Deer Skins was Read a Second time. Adjourned till to morrow morning. At a Meeting of the Councill in the Councill Room In Philadel- phia y' 12"^ of y' Second Mo., 1688. present: Councillors. f 1. Thomas Lloyd, 1 2. Rob' Turner, <^ 3. John Symcock, 4. Arthur Cook, ^5. John Eckley. > Dep'5' Gov^ Sam" Richardson, John Bristow, Barth. Coppock, Griffith Jones, Sam" Carpenter, Wm. Yardley, Pef Alrichs, Wm. Markham, Secre Abraham Man further Complayning of y*" Sevear and Irregular proceedings of y^ County Court of New Castle, by a Judgm' unduly obtained against him in his absence, upon y' Plaint of Alderman Ridges, by Sam" Jennings, his atturney,and without defence made in his behalfe. The Gov"' and Councill upon full hearing of this matter, have or- deined y' y° same Cause of action be heard over, and Determined ac- cording to Law, at y" next Prov" Court in Philadelphia, to be held y' 24"' of y^ next 7"' month. It is Ordered likewise, that y" Cause of Action or Difference between Abrah. Man and Wm. Guest, and for w*"'' y' said Wm. Guest obteined Judgm' lately in y*" County Court of New Castle, and Execution there- upon againsty'^Said Abrah. Man, he being neither present, nor Deffence made in his behalfe, that y" same be heai*d and Tryed in y' said County Court ; The Second Court next Ensuing y" date hereoff. 1. The Bill for Continuance of former Laws. 2. The Bill for Enabling of Widdows of Intestates to sell Land. 3. The Bill prohibiting y" Exportation of Deer Skins before being Exposed to Sale. 4. The Bill to make Lands layablc to pay Debts. .5. The Bill for Legall Intrest. 6. The Bill about Records. 7. The Bill for Supply. The afore named seven Bills were the third time Read and unani- mously passed, in Order for ])romuIgation. Adjourned till further Order. PROVINCIAL COUNCIL. 177 At a Meeting of the Councill in the Councill Room in Philadelphia v" 10'" S'' month, 1688. Councillors. fl. Thomas Lloyd, I 2. Rob' Turner, •^ 3. John Symcock, I 4. Arthur Cook, [_5. John Eckley, Barth. Coppock, John Bristow, Wm. Darvall, John Cann, Dep'^ Gov'. J Sam" Richardson, Luke Watson, Wm. Markham, Secre. Wm. Clark, Jos. Growdon, Sam" Carpenter, Johanes D'Haes, Johannes D'Haes, who was Chosen a Member of Councill y' last Election, for y" County of New Castle, presented himselfe to this board, was attested, & took his Place. Luke Watson, who was y^ Last Election Chosen and Returned a Member of this board, but lying under a great Scandall & Infamous Reputation, was not admitted to sitt at this board untill he had Cleared himselfe thereofF, This day brought Certificate thereoff, w"'' was by y" board sufficient, and thereupon was attested, and took his place. A Comittee was appoynted to Receive proposalls for amendments upon y" bills. The persons Were : Sam" Carpenter, Sam" Richard- son, Wm. Clark, Wm. Darvall, John Bristow, Wm. Markham. Adjourned till y"" 12"' Inst', 7 in y'^ morning. At a Meeting of the Councill in the Councill Room In Philadelphia the 12'" of y' 3" Mo., 1688. present: Councillors. Joseph Growdon, Wm. Darvall, Joha. D'Haes, Barth. Coppock, It I 4. 1 )> Dep'^ Gov'. I I J John Cann, Sam" Richardson, Wm. Markham, Secre. Rob' Turner, John Symcock, Arth. Cook, 5. John Eckley. Sam" Carpenter, Luke Watson, John Bristow, Wm. Clark, The Petition of Moses Aboab was Read, Complayning against John Day for Selling a Servant who now works at y" hoaw in y" Lower Countyes, and with whome y" said John Day had of his father in London, tenn Guinnies to teach him y" trade of a Carpenter, and be- »ildes, y' father paid for y'= said Servant's passage to Pennsilvania. Ord"^ that John Day appear at this board to answer y° Complaint 178 MINUTES OF THE above going, y' next second day, w"' will be y' 14* Inst., or at y« next Sitting ot" the Councill. Adjourned till two in y'' Afternoon. Councillors. POST MERIDIEM. present: ri. Thomas Lloyd, I 2. Rob' Turner, Dep"' Gov^ I J Wm. Darvall, John Bristow, Wm. Markham, Secre. Wm. Clark, Sam" Richardson, Joseph Growdon, Barth. Coppock, The Comittee presented to this board three bills w'*" was brought to them from y^ Assembly, with their Amendments thereon, (Viz' :) The Bill for Continuance of y" Laws : y' Bill Enabling Widdows to Sell Land, dec. The bill for 8 per cent, for a year's forbearance of money or goods. Adjourned till y" 14"' Ins', forenoon. At a Meeting of the Councill in the Councill Roome in Philadel- phia y^ 14'" of y^ S' Mo., 1688. present: fl. Thomas Lloyd, I 2. Rob' Turner, ■^ 3. John Symcock, I 4. Arthur Cook, l__5. John Eckley. Joha. D'Haes, Sam" Carpenter, Sam" Richardson, Two bills, with their Amendments, were brought from y" Assem- bly by Two of their members ; one was to make land Lyable to pay debts, y' other about Recording deeds in y" Rolls Office. Adjourned till 3 in y*^ Afternoon. Councillors. Wm. Clark, Wm. Darvall, Luke Watson, 1 I J> Dep'y Gov'. . I I J Jos. Growdon, Barth. Coppock, Wm. Markham, Secre. POST MERIDIEM. present: Councill"*. I 4. L5. Thomas Lloyd, Rob' Turner, John Symcock, Arthur Cook, John Eckley. J> Dep*? Gov'. J PROVINCIAL COUNCIL. 179 Wm. Clark, John Bristow, Wm. Darvall, Sam" Richardson, Sam" Carpenter, Johan. D'Haes, ^ Earth. Coppock, Luke Watson, Wm. Markham, Secre. Two members from y'' Assembly Came to y^ Councill with this Message. That y" Assembly Requested y' a Ccrtaine number of them in behalfe of y" whole, might have y^ previlege to Confer with y*" Councill about some affaires. Answered : That they might Come if they pleased, but first they should acquaint y" Gov'' and Councill of their business before they Can be admitted to a Conferrance. The Assembly Came with their Speaker, and was admitted: the Conferrence was Chiefly about their priviliges. Adjourned till 7 to morrow morning. At a Meeting of the, Councill in the Councill Room In Philadelphia y' 15*of y= 3" month, 1688. tresext: fl. Thomas Lloyd, "] I 2. Rob* Turner, | Councillors. <^ 3. John Symcock, ^ Dep'^' Gov'. i 4. Arthur Cook, | \^5. John Eckley. J Wm. Clark, Sam" Richardson, Sam" Carpenter, Wm. Darvall, Johan. D'Haes, John Bristow, Jos. Growdon, Luke Watson, Wm. Markham, Secre. Barth. Coppock, The Petition of Luke Watson was Read, against Henry Bowman, Ranger of y"" County of Kent, for his Killing y*" said Watson's Hoggs, pretending they were Strays. Adjourned to the Meeting house. At a Meeting of the Councill in The Meeting house in Phila- delphia. After Debateing with and Convincing y° Assembly w* Came to the Councill of their Irregular proceedings in severall matters, as their Charge against the Judges upon a Decree in y" Case of Gram- ton & Woolaston, as also their Complaint against John Bristow, &c. The Councill adjourned to meet againe in an hourc, in y" Coun- cill Room. The Councill Mett accordingly. A Summons was sent Directed to Thomas Clyfford, Messenger, for the Summonsing y° Subscribers of a Contemptuous Printing paper 180 MINUTES OF THE touching y' Keeping of y' fair at y^ Center, where it was Ordered by y' Gov' and Councill to be Kept. The Petition of Peter Gronendike was Read, setting forth his trou blein themannagement of the Estate of Cornelius Verhoofe, Deceased, as his Executor, begging Relief therein. Adjourned till Six to morrow morning. At a Meeting of the Councill in the Councill Roome in Philadelphia y* 16* of y' 3" month, 1688. PRESENT : Thomas Lloyd, "^ Rob' Turner, John Symcock, Arth. Cook, John Ecklej. F)arth. Coppock, Luke Watson, Wm. Darvall, Councillors. I 2. <;3. I 4. L5. Wm. Clark, Sam" Richardson, Johan. D'Haes, )> Dep'y Gov'. I J John Bristow, Sam" Carpenter, Wm. Markham, Secre. The Returne of y" Warr' granted yesterday for y" Summonsing the subscribers of y" Contemptuous printed advertisem' against Keeping y'^ fayre at y" Center, was made by the Messenger, and he attested that they were all and Each of ihem Summonsed, Severall of y' Sub- scribers Excusing themselves. The Dep'*' Gov' & Councill, after Reproveing them, did pardon all those who subscribed to what was Endorsed on y" back of one of y* printer papers. Adjourned till tomorrow, 7 in y^ forenoon. At a Meeting of the Councill in the Councill Room at Philadel- phia y" 17'" S'' Mo., 1688. PRESENT : C ouncillors. Wm. Darvall, Sam" Richardson, Joseph Growdon, f 1. Tho. Lloyd, I 2. ^ 3. John Symcock, I 4. Arth. Cook, [_5. John Ecklej. Johan D'Haes, Jjuke Watson, Sam" Carpenter, 1 I >. Dep'^Gov'. I I J Wm. Yardlej, Wm. Markham, Score- PROVINCIAL COUNCIL. 181 Several! Petitions were Read tliis forenoon, and answers given to them. Adjourned till two in the afternoon. POST MERIDIEM. present: f 1. Thomas Lloyd, "^ Councillors. ;> Dep*^ Gov^ ■^ 3. John Symcock, I 4. Arth. Cook, \_p. John Eckley. Wm. Darvall, Johan. D'Haes, Sam" Richardson, Luke Watson, Joseph Growdon, Sam" Carpenter, The Assembly having two bills yett not Returned to this board, and the board Resolving to give no answer to any of their amendments untill they saw what would become of y° other two, Adjourned till 7 to morrow morning. J Wm. Yardley, Peter Alrichs, Wm. Markham, Secre. At a Meeting of the Councill in the Councill Room in Philadel- phia the 18*^ of >•*= S" Mo., 1688. present: f 1. Tho. Lloyd, "" 2. Rob' Turner, Councillors. <^ 3. John Svmcock, 1 4. Arth. Cook, > Dep'^ Gov^ 1^5. John Eckley. J Wm. Clark, Sam" Carpenter, Wm. Yardley, Sanr' Richardson, Barth. Coppock, John Bristow, Gritlith Jones, Joseph Growdon, Peter Alrichs, Wm. Darvall, Johannes D'Haes, Wm. Markham, Sec' Luke Watson, The Gov' and Councill finding y^ fayr at Philadelphia happens t» be, as now held, on y" Latter days of y" Sitting of y" Gen" Assembly, which much Impedes the publick buisness of the Government, It i.s therefore Ordered by y"" Dep'^ Gov' and Councill, that hereafter it shall be Kept on y*" 20* day of y'= 3'' month. And it is further Ordered y' an Additional! fayr be Kept at Phila- delphia at y" Center, to be hold y" 30"' day of y" next Sixth month. Adjourned till 6'" to morrow morning. 16 182 MINUTES OF THE At a Meeting of the Councill in The Councill Room at Philadelphia y' 19* of y^ 3" Mo., 1688. fl. Thomas Lloyd, 1 1 2. Pvob' Turner, 1 Councillors. •^ 3. John Symcock, 1 4- Arthur Cook, )> Dep'> Gov^ 1 1^5. John Eckley. J Wni. Clark, Wm. Yardley, Barth. Coppock, Wm. Darvall, John Bristow, Sam" Carpenter, Pet' Aldrichs, Sam" Richardson, Wm. Markham, Secre. Jos. Growdon, Luke Watson, John White & Thomas Wjnn Came to tliis board from y'^ Assem- bly, and proposed in their names, and as y^ Sense of y' whole As- sembly, That Six parts of Seaven of y" Gen" Assembly agreeing upon a Supply, That such Sanction and Establishment may be as Effectuall and binding as any Law in that Case, notwithstanding no previous bill prepared or promulgated for y" same. As to y" Request of y'' Assembly for Releif of Grievances, The Answer of this board is, y' the Gov'' and Councill will take all possi- ble Care to prevent such for y^ future. Adjourned to y*" Meeting house. IN THE MEETING HOUSE, whether y^ Councill did adjourn. After y' Reading of y'' Bill, with their Amendments, Viz': the bill for Continuance of y" Laws; The Bill Enabling Widdows to sell Land ; The Bill for Eight per centum for years forbearance of money or goods ; a Bill for Land to pay debts ; a Bill about Recording of Deeds in y'^ Rolls Office. Tliese five were passed into Laws. The Other two, Viz': y^ Supply, & that about Transportingof Deer Skins, were Rejected, After w'^'' the Assembly Dismissed, and Then The Councill adjourned back to the Councill Roome, Where The Petition of Luke Watson was a second time Read, Complayning against Henry Bowman, the Proprietary's Ranger, for Killing y^ said Luke Watson's Hoggs, under pretence of Strays. The Proceedings of y^ County Court of Sussex was Read, wherin Luke Watson had Indicted y* said Henry Bowman for Killing y^ afore- said Hoggs. Luke Watson and Tho. Wynn pleaded against y*" Ranger. The Renger being demanded to Reply to their accusation, made answer that he had had his Tryall, and had been Cleared by y" County of what was Alliged against him here, & therefore thought himselfe not obliged to answer any more to it; Yett if y^ Gov'' and Councill thought fitt to ask him any questions Relating to it, he would, if he Could, Resolve Them. Vpon The Reading of y^ Petition of John Richardson, in y' Behalf of his Sister Judith Roe, who had Sentence of Death passed upon her PROVINCIAL COUNCIL. 183 y' beginning of this Mo. in a Prov" Court held in Kent County, Humbly beseaching that y" Gov"" would be pleased to grant y* said Judith Roe a Reprieve. It was Ordered that a Warrant should be sent to y° Sherriff to Sus- pend her Execution till further Order. Adjourned till further Order. At a Meeting of y'' Deputy Gov' & Councill In the Councill Room at Philadelphia y" 24'" of the 7'" month, 16S8. present: r Rob' Turner, T Counciir*. < John Symcock, t Dep*^' Gov'. (.JohnEckley. J John Bristow, Sam" Richardson, Wm. Markham, Secre. Barth. Coppock, Sam" Carpenter, The Election of Prov" Judges w'* by Law were this day to Keep Court at Philadelphia, was Debated, & having Considered y' the Broad Seal was by Custome to be affixed to the Comission, and y' y^ time would be Relapted before the Comission Could be Sealed, and y^ Court opened, they Thought it more safe not to Comissionate any rathe;- than to doe it after y'time appoyntedby Law for y^ Courts Sitting was past. Adjourned till tenn to-morrow morning. At a Meeting of the Deputy Gov' and Councill in the Councill Room at Philadelphia The 25'" of y'7"> month, 1689. present: r Rob' Turner, "J Councillors. < John Symcock, > Dep'^ Gov'. (_John Eckley. J John Bristow, Sam" Carpenter, Wm. Markham, Secre. Barth. Coppock, Sam" Richardson, Margarett ffisher, Widdow, of y" County of Sussex, Complayning that shee having appealed from y'^ Judgment of y" County Court of Sussex, where shee had Indicted one John Barker of y" said Coun- ty, for robing her and her son Thomas ffisher of three head of Cattle, and that shee was Come up according to her Security Given, to have it reheard in y'^ Prov" Court, but y" Court not sitting, nor y*^ said Bar- ker appearing in Philadelphia, She very much feared y' Said Barker would, before y^ next Prov" Court, make away with y^ said Cattle. 184 MINUTES OF THE Ordered that y*" Secretary Send to y" Justices of Sussex County, in belialfe of Widdow ffisher, y' they doe her what right y' Law will allow to Secure the Cattle or the value, till it be reheard next Prov" '"ourt, in Regard thei'e were no Court at this time. After that John Symcock, one of y" Com" of State, was gon, the Petition of Henry Bowman was Read, setting forth y" hard usage of v' County Court of Sussex against him, wherein he was Indicted for takeing one hundred & fifty peeces of Eight ft'om one Stephen Pago, under pretence of his authority as being a Justice of the Peace, and niier y*" Court had given Judgm', they said Bowman, whereupon y* Said Bowman Requested y'' Court to grant him an appeal to the Prov" Court, but the Court Refused to grant it; Therefore, humbly Hequests this board to grant him an Order for an Appeal, or for a Re- liearing of y" Cause in the same Court it was before tryed in. The present Members takeing it into Considei-ation, and in regard they had not a sufficient number to make a Quorum, whereby to Draw a jiossitivc Order thereon, Did therefore agree that their advice in this matter may be writt to y" Justices of Sussex Countv, according to ihcir Opinions, w'''' was y' they ought to have granted him an Appeal, and that they Suspend the Execution of their Sentence till they hear further from this board. Ord*^- That a Coppy of the Laws past the Last Gen" Assembly be forthwith sent to y* Clarks of y" Respective Counties, in Order to their publication. Ord*^ That two Comissions be drawne for Coroners, one for George White, for y'' County of Bucks, an other for Thomas ffitzwater, for lhe County of Philadelphia. The Petition of Sam" Burbury was Read, Requesting y^ Office of Sherriff of Kent County, hut y" board thought him not Capable. Ordered That y" Secretary take sufficient Security of y'' Last Shcrrift", Comissionated for y" true performance of his Office. Adjourned till further Order. At a Meeting of the Deputy Govern'' and Provinciall Councill in the C!ouncill Room at Philadelphia the 18'" of the Tenth Mo., 16S8. PRESENT : f Tho. Lloyd, 1 I Rr.K' T.ivr.r.v I ri -iirs J R'>b' Turner, . -p, ,., ^ . Council. ^ ^^^^^^^, ,,^^^^ y Dep'> Gov^ l^John Eckley. J John Bristow, Sam" Carpenter, Sam" Richardson, Joseph Growdon, Griffith Jones, Wm. IMarkham, Secre. The Dep''' Gov' and Councill having Yesterday Notice of the Ar- rivall here of Capt. John Blackwcll, with a Comission for his being (xovernour of this Province and Counties annexed, from the Proprie- tor and (^ov'', 'Ihey mett this fforenoon to give him y" op})ortunity of PROVINCIAL COUNCIL. 185 Communicating y' Same to them, the which being don, and y"^ Com-- mission Read, it was unanimouslj acquiesced with. MINUTES OF COU1VCII.L,- COMENCING DECEMBER y'' 18"" 1688. At a Councill Then in y' Councill room at Philadelphia. present: Capt. JOHN BLACKWELL, Gover\ f Rob'**rurner, Sam" Carpenter, Members of J John Bristow, Grif. Jones, Councill. j Jos. Growdon, Sam" Richardson, l^Arth. Cook, Wm. Markham, Sec". An Order from y* Councill Chamber at Whitehall was Read, bear- ing date y"" 10"' day of June, 1688, directed to y" Proprietor & Gover", willing & Requiring that Proclamation be made throughout his Go- vernm' to appoynt dayes for Solemn thanksgiving to Almighty God, and other Publick Rejoycing, ffor his Inestimable blessing to his Maj'' Kingdoms and Dominions, by y" birth of a Prince. It was Ordered that Proclamation bo forthwitli Issued out to Each County within this Governm' for y^ same, and that The day of So- lemnisation for The County of Philadelphia be on y'' 26"' Ins', and in y° Couutys of Bucks, Chester, New Castle, Kent & Sussex, vpon y'' next ffirst day of y*" Week after y^ Publication, provided j" said Publi- cation be Three days before the Solemnisation. Order'd that y'' Kind's Proclamation For The more Effcctuall Re- ducing & Suppressing of Pirates and Privateers in America, bearing Date at Whitehall, y*^ 20"' day of January, 1687-8. be forthwith pub- lished. Adjourned Till ffurther Order. 16* 186 MINUTES OF THE At The Councill-room in Philadelphia The 11"' of y-^ 11"" Mo., 1688-9. The Gover'' having given order for y" Councill to meet this day, There mett as fFolIoweth : JOHN BLACKWELL, Esq\ Gov'. Wm. Darvall, Sam" Ricliardson, Wm. Markham, Sec"^. (Trif. Jones, Sam" Carpenter, The w'^'' number not being Sufficient to proceed vpon business. The Governour Appoynted the 14"' Ins', at 9 in y' fforenoon, for their Meeting, and in y'' meantime, that notice be given to as many ot The Members as possible, that there may be then a Sufficient number for a Quorum. At a Meeting of The Councill in the Councill-room at Philadel- phia, y' 14"' of y' IT" Mo., 1688-9. PKESEIVT r .JOHN BLACKWELL, Esq'., Gover\ Rob' Turner, Sam" Richardson, Wm. Darvall, Sam" Carpenter, Grif. Jones, •» Wm. Markham, Sec''. The Gover' Inquires for y° blank Parchments, signed by y' ChiefF Proprietor & Gover'', and sent to y° Presid' and members of y' Pro- vmciall Councill, in a Letter bearing date y' 16'" day of y" Sixth Mo., 1684, for drawing vp an Instrument by w* to Confirme & make as valid all Patients and Commissions that ought to be vnder y' Great Seal, as Lands, &c.:Impo\vring of Thomas Lloyd Keeper of y' Broad Seal, to putt y'= said seal to it in their presence, &c., and what has been don therevpon. It was vpon Debate of y" Question, resolved and Ordered That Sam" Carpenter & Wm. Markham wayte on y" said Thomas Lloyd, to Inquire after y"" aforesaid Blank Parchment, w'^" was said to have been Delivered to him, and if the same were in his Possession, to Desire he will by Them send, or if he please, bring it to this board at their next sitting, appoynted on y" next 5'" day of This week, at Tenn of y* Clock in y" fforenoon; and if he hath it not, to Desire he will In- ibrmethcm where and in whose hands y" same is, and who last had it tlrom him. Vppon y'' Gover"^ Reading a Coppy of a Lctf ffi-om y' Chief Pro- prietor & Gover', bearing date y= 6'" of y' 4'" Mo., 1687, Directed to 3'" .5 Commiss'"' of State, wherein the Chieff Proprietor & Gov' ac- quainted them that he had little more to say to them then he had < 'ommuncated of his mind already in a former Lett' by Ew'^ Black- fan, w"'' Iniplyed the same Conteined matter of Publick Instruction lo y° said Commiss". The Gover' moved This board to give Their advice whether it was not necessary v" said Lett' sent by Blackfan, should be produced to him, he l)ning Referred by his Commission to y" Instructions and PROVINCIAL COUNCIL. 187 jjCtt" sent both to y'' Presid' & Councill, and to y^ 5 Commiss" of State. It was vpon y'' Question, Resolved and ordered that y" afore- going minute touching the same, be given Likewise in Charge to Sam" Carpenter & Wm. Markham, to acquaint y' said Thomas Lloyd therewith, and to Desire if he hath that Letf he will be pleased to Impart it to y^ Gover'', or if he have it not, that he will Informe in whose hands it is. The Gover' moves y" Councill for their advice and Direction whether all originall Letters & Instructions Relateingto y" Governm', Sent by y*" Chiefl' Propr' and Gover'', Either to y'' Commiss" of State, or to y*" Presid' and Provinciall Councill, in whose hands soever they Ly, ought not to be delivered into y*" Custody of y" Secretary : and also, that such parts of other Lettei's to any of Them as Concerne matter of Instruction as aforesaid, be transcribed and Attested by y* flirst Commiss'' of State therein named, or by y' Presid', to y" Prov" Councill respectively, and Delivered to y' Secretary,, to Remaine in his Office iTor Publick Direction, y" Secretary giveing Rec'' tfor y" same : y^ question being putt, it was Resolved in y" affirmative, and Ordered tliat The Keeper of y^ seal be acquainted with the same, as aforesaid, and that his Complj'ancc therewith is desired by The Gover'. Ordered That y'' Sherritfs of j" Respective Countys within this Province & Countys annexed, be sent to to acquaint their members of (Councill that one of Them Successively Monthly give their attend- ance vpon y'^ Gover'", according to Law and Charter.. Adjourned till y" 17*^ Ins", 9 in y" forenoon. At a Councill in The Councill Roomc at Philadelphia y^ 17"" of y^ 11"' month, 1688-9. JOHN BLACKWELL, Esq., Gover'. Rob' Turner, Grif Jones, Sam" Richardson, Sam" Carpenter, "Wni Darvall, Wm. Markham, Sec""^. The Keeper of y^ broad Seal, according to y'' minutes at last sittings brought y*" blank parchment and Lajd it downe before y" Gover' & Councill, to be Disposed of as this board Should see meet. As to y^ Letter sent from y^ Chief Proprietor & Gover' by Edw'^ P>lackfan, directed to y" 5 Commissioners of State, Tlie Keeper permitted the Govrno' to Read some parts thereof, and promised that a transcript of y' part, or so much of it as is Convenient tor y" Gov"^ Instruction, should be this day delivered to him. As to y' Delivery of y^ Originall Letters or Instructions, or part of Letters that Concern publick Instruction for y^ Government, y" Keeper Desired some time to have Conferrence first w"' y*" Rest of y^ Com- miss" of State, and other members of the Provinciall Councill to whome they were respectively Directed, to have their Sense about it, and. would Returne their answer as Soon as he Could. 188 MINUTES OF THE The Petition of Martha Moon was Read, w"" y' Coppy of her De- ceised husband's Will, w"^ was Referred to y' Common Law. The blank parchment a fore mentioned, left with this board by y* Keeper, being of no present vse and Conceived unsafe to Remaine in any hands as a blank, was by an Vnanimous Consent of y' Gover' and Provinciall Councill, thought ffitt to be Cancelled. Resolved and Ordered y" Same to be Cancelled, and it was accordingly Cancelled in their presence, by y" hands of y'^ Keeper. Ordered that Two days in a Week, viz: Every Second and ffifth day. Shall be y'= days for y' Sitting of y^ Councill, between nine & tenn in y" forenoon, and that Speedy notice thereof be given by y' Se- cretary to y" severall members of y' Provinciall Councill, and that they be desired to give their respective Attendance on y^ Govei-', ac- cording to y' Constitution and Laws in that behalfe. The Gover'' having sent a draft of Commission to y^ Keeper for au- thoriseing Justices of y" peace & holding County Courts ffor Phila- delphia, with his Warrant for passing y^ Same vnder y* Great Scale, w*^"" was Returned vnto Him by y^ Keeper and produced and Read in y^ Councill, together with the Keeper's answer made therevpon, w'^'" Imported hij Refusall to pass y*" Same, The Gover' Declared he should Issue Commissions in that ffonne vnder y^ Lesser Seal, and Signifie y' Same to y' Proprietor, as not being Satisfyed w"" y'' Grounds of his refusall, and proposed y*" names of y" persons therein named for Jus- tices to y'' Councill, to Know if they had any ground of Exceptions against any of Them. Adjorned till y^ second Day of y" next week, being y'' 21 Ins', at 9 of y° Clock in y" forenoon. At a Councill in y' Councill Room at Philadelphia The 21* of v° 11'" month, 1688-9. present: JOHN BLACK WELL, Esq'., Gover'. Rob' Turner, Wm. Darvall, Griff. Jones, Sam" Carpenter, Sam" Richardson, AVm. Markham, Sec'-''. The Gover' Inquires whether y*" Secretary, according to an Order y' Last Sitting of Councill, hath given notice to y" severall mem- bers of y'^ Provinciall Councill that they were desired to give their Re- spective attendance on y' Gover', according to y^ Constitution and Laws in that behalfe. The Secretary answered that y* Orders were all Ready written, but for want of Opportunity and a Common Stock to defray y'' Charge of a messenger, they were not yctt gon out: wherevpon Wm. Darvall & Griff. Jones, members of The Provinciall Councill, being to take a jorney to y" Southward, undertook The Care of That matter in y^ ffour Counties, Viz': New Castle, Kent, Sussex and Chester. The Gover' Enquireing by what Law or warrant goods Came to be transported out of This Province, &c., to any other Countrys or parts, PROVINCIAL COUNCIL. 189 Except to England, w''' seemed to him to be prohibited by y" King's (xrant, Sam" Carpenter moved y' pattent might be Read, w'^ was ac- cordingly don, and y" same being not Cleare to y" board for giveing resolution in y° Case proposed, it was suggested that y'' Laws of England allowed it, and it was y" Common practice of all y" Planta- tions. Some Clauses were read out of y^ book Conteyning acts about Cus- toms, &c., w'"" not Clearing it, the Gover' took The book w* him for his pervsall, and that debate was referred, & adjorned to y" next Sitting of Councill. adjorned Till y" next fifth day, being y* 24"' Ins', 9 in y" fore- noon. At a Councill in v" Councill Room in Philadelphia the 24* of y' 11"^ month, 1688-9. present: JOHN BLACKWELL, Esq^, Gover\ Rob' Turner, Sam" Richardson, Grif. Jones, Sam" Carpenter, Wm. Darvall, \N'm. Markham, Sec'^. The Minute of Councill y' was Debated y° Last Sitting, touching transportation, &c., was Reassumed, and after a ffuU debate, it not appearing very Clear that v" King in his Charter had given Liberty to this Province to transport y" Merchandize that shall arrise by y^ ffruites and Commodities thereof, to any Place unless to England, it was Resolved & Requested that y" Gover"" represent to y* Chieff Pro- prietor & Gover' y" said Debate, in order to his Consideration. Vpon y" Reading of y^ Petition of Wm. Markham, Setting fForth that one in Holland Drew a bill upon John Moll of New Castle Coun- ty, within this Government, payable to y° Chief Proprietor & Gover', and y^ said Moll was about alienateing or making over his Estate, and Leaveing the Province without payment of y° said bill, or Security given for y" payment Thereof: It was therefore Ordered, that y" Attorny Gener" Draw vp an Instrument to Stopp fTurther proceedings m that Court, and to trans- mitt y" Cause, with all their proceedings therein, to y° Governourand Provinciall Councill, there to be heard and Determined. Adjorned till v'' next Second day, being y' 28"' Ins'., 9 in y^ fore- noon. In y' Councill Room at Philadelphia The 28"' of y"' 11* Mo., 16S8-9. present: JOHN BLACKWELL, Esq'., Gover'. Rob' Turner, Sam" Carpenter, Wm. Markham, Sec'^. Sam" Richardson, 190 MINUTES OF THE The Returne of y* order of Councill, bearing date y" 14"' Ins', made by y' Sherriffof Chester County, was this day read, giving an acco' that he had Executed y' same y' 27 Ins'. ffbr want of a Sufficient Number of y" members of Councill they Could not proceed vpon business of moment, w*^ occasioned their breaking vp to meet y^ next Councill day, being y' 31" Ins'., after Ex- pecting y° members above two bowers. In The Council! Room<^ at Philadelphia The 31^' of y^ll Mo., 1688-9. present: JOHN BLACKWELL, Esq^, Gover^ Rob' Turner, Sam" Carpenter, Wm. Markham, Sec'^. Sam'' Richardson, John Symcock, There not being a Sufficient number of y'^ members of Councill to proceed vpon business of moment, after about Two hours Staying they broak up. Sam" Richardson, before they broak up, motion'd that The order of This board that was granted at their Last Sitting vpon y^ Petition of Wm. Markham, was Contrary to Law ; but vpon Examination of Severall papers produced by y'' said Wm. Markham, that opinion was Removed, and y'' Order allowed to proceed. At a Councill in y' Councill Roome at Philadelphia, y^ ffirst of y' Twelveth month, 1688-9. present: JOHN BLACKWELL, Esq^, Gover'. Rob' Turner, Sam" Carpenter, Barth. Coppock, Sam" Richardson, John Symcock, Wm. Markham, Sec"^. The Governo'' Inquired if the Letters & Instructions mentioned in y^ Order of This board Dated y^ 14"^ of 11 month, 1688-9, were brought to y' Secretai^'s Office, according to y*" said Order ; w'^'' being not done. It was Resolved and Ordered that y* Secretary wayte on y' Keeper of y^ Great Scale to putt him in minde thereof, and to de- sire that he would take Care y*^ same be done before his going to New York. The Keeper haveing acquainted y' Gover"" with his Intentions to goe to New York some time y' next Week, the Gover" Desired y' advice of this board whether it be not ffitt, before he goes out of this Province, that he bring y^ broad Scale to this board, there to be left to be made use off" (if there shall be occasion) During his absence. It being putt to y' Vote, it was Resolved in y" affinnative. Butt John Symcock, a member of this board, Declarcing his opinion y' y*" Keeper ought not PROVINCIAL COUNCIL. 191 to absent himselfe from being in a Readyness to Discharge his great Office & trust of y^ Great Scale, & moveing and desireing for his and others' Satisfaction, that a question might be putt whether y' Keeper Should be permitted to depart out of This Province during the Time he is Keeper of y'^ broad scale ; It was Resolved in y= affirmative, that he might be permitted, he leaveing y^ Scale with this board, and that y^ Secretary acquaint him with these Resolves. John Bristow, a member of This board for y" County of Chester, being newly Come to Towne, Came into Councill. The Gover" proposed to John Symcock, Jo" Bristow & Earth. Cop- pock, (members of y' Provinciall Councill for y" County of Chester, being all present,) that they would agree amongst themselves y' order and Course of their future attendance in Councill, and Siffnifie the Same to y^ Secretary, to y" End it might be Knowne whome to Expect on all occasions. John Symcock positively declared he would not at- tend that service any ffiirther, and left it vpon y" other two. A Petition was Exhibited by Thomas Woollaston Complayning'y' he was Kept out of Possession of Some Estate of his: the Consideration thereof was adjourned to y^ next meeting in Councill, Viz: on y*" Se- cond day of the next Week, being y" 4* Inst. Mo. In y' Councill Room at Philadelphia The 4* of y' 12 month, 1688-9. present: JOHN BLACKWELL, Esq^, Govef. Sam" Carpenter, Barth. Coppock, Wm. Markham, Sec'^. Sam" Richardson, John Bristow, Not a Quorum at halfe an hour past Eleven, wherevpon they De- parted. At a Councill in y' Councill Roome at Philadelphia y' 7* of y' 12'" Mo., 1688-9. PRESENT : JOHN BLACKWELL, Esq\, Govern Robt. Turner, Arth. Cook, Sam" Carpenter, Sam" Richardson, Barth. Coppock, Wm. Markham, Sec"'. The Secretary reported to this board y' according to their Order of y^ ffirst Ins', he had wayted on y^ Keeper of y^ broad Scale, 6s ac- quainted him with y' Two Resolves then past upon y*" Gover™ being informed by y" Keeper of his Intentions touching his going to New York, and gave him a transcript of the Same Resolves, and that thereupon y*" Keeper Replyed that he would Returne his answer y'' next Time y° Councill satt, Desireing the Secretary to give him notice when that Should be, that he might attend them. Wherevpon the 192 MINUTES OF THE board Ordered that notice Should be given him fforthwith, of Their being inett in a ffull Councill. The Keeper being Come, was desired to sitt downe by y" Cover', Avho acquainted him that y' Secretary having Informed the board that it was his Desire to Know of their meeting, in Order to his giving his answer to y' Resolves touching y" Great Seal's Disposall in his ab- sence, & Desireing to Know what his Intentions were in that matter, he said he had prepared a Paper to have left bchinde him in Case y'^ Coun- cill had not Satt before his going, &c., which paper he ofTerred to their Consideration, haveing that opportunity for it; and y*" Gover' desireing y" Secretary might Read it. The Keeper Insinuating that there might be some mistakes in y" writing of it, w"^ he had not had time to Cor- rect, it was proposed by y' Gover'' that he might have tfurther time, if he pleased, to satisfy himselfe therein before it was Read ; to which he answered he would Read it himselfe to y' board, and accordingly read the same;* Wherevpon y" Gover" directed, if that were his answer, that he would signe it &, deliver it to y^ Secretary, to be Considered in his absence, withall giving his opinion that it was in his apprehen- sion a high Reflecting vpon and arraigning y' board, or Some of them, & in a Libellous manner Chargeing them with unwarrantable practices in their proceedings in that matter, Yett makeing a Distinction, as if it had been the act of a prevaling party, w""*" being debated and Con- sidered amongst themselves, it was at last agreed that he should be acquainted that if he had any thing else to give in as his answer, he had liberty, and might take his owne time to give it in. lie desired that might be Entred by y" Secretary in y^Same book where those Resolves were w""" had been sent to him, w'^*' was Directed by y' board to be don accordingly, and that y' Secretary Should deliver him a Coppy of it, as he also desired, w"*" the Gover'' told him he would transmitt, together v/* what Else had passed, in writing, between y' Keeper and himselfe, Submitting y" whole to y' Proprietor's Consider- ation. Vpon y" Potion of Thomas Woolaston to y" Gove/ & Councilb praying relief against a forceablc Entry & Dctciner in y'^ County of New Castle, It was Resolved that a warrant be drawne, directed to such Justice or Justices of y^ peace fTor that County Dwelling nearest to y" place where y" fforce is alleaged, as he should apply to and Re- quest in that behalfe fforthwith to Repaire to the house and Lands in his Petition mentioned, to View The said fforce, and ffinding any, to Remove the same; and if they flbund none vpon their View, to Re- quire the Sherriff of y^ Said County to Returne a jury to Enquire thereoff whether any was, and by whome made or Continued, & to ffine and Imprison the offenders, & Therevpon to restore y' quiett pos- session to y" Petitioner, and to make a Returne of The same to y* Clark of The County Court, to be Entred in the Records of The said County. The Petition of Rob' Turner, John Tissick, Thorn. Budd, Rob' Ewer, Sam" Carpenter, & John Fiuller, was read, setting forth their designe The paper alluded to will be found on page 193, marked 0^. PROVINCIAL COUNCIL. 193 in setting up a bank ftbr money, &:c., Requesting Incouragement ffrom the Govcr'' & Councill ffor their proceeding therein. The said Rob' Turner & Sam" Carpenter, two of The said Peti", being present & constituting y" present Councill, and besides whom there were but four more present, The Gover' acquainted them that some things of that nature had been proposed & Dedicated to y" proprietor, by himself, some months since, out of New England, to which he believed he should receive his answer by y" ffirst Shipping bother out of England : Yett withall acquainted them that he did Know no reason why they might not give their personall bills to such as would take them as money to pass, as merchants vsually did bills of Exchange, but that it might be suspected that such as vsually Clipp'd or Coyn'd money, ■would be apt to Counterfitt their bills, vnless more than ordinary Care were taken to prevent it, which might be their Ruine, as well as y' people's that Should Deale with them. (f^ To The Peesext Goverxo' A^^D members of the Pro- VIXCIALL COUXCILL. THOMAS LLOYD, Keeper of the broad Seal, with due Regard pre- senteth these following lines : Vpon the pervsall of two Resolves passed by you in Councill y'* 1"" Ins', & Delivered me by ord'' this morning, (being the ffourth day Since,) I am much Concerned that such an Entry, so destructive of Right, and inconsistent with property, should be ffound vpon your book. You have, as much as in you Lay, introduced an ill precedent of disposeing Arbitrarily the most Eminent Estate for life as yett de- clared in this Governm', and this was done the Cause vnheard : Whereas, no ffreeman here ought to be Condemned or Concluded to his wrong without his answer, provided he doth not wilfully absent himsclfc ; and liurther, it is apparent by y" Conclusion of your Order, that it was not Intended by y'' wording of the same, that I should be admitted to my Defence, but to be made only acquainted w'"" your De- termination therein, and so to abide by it as an Irrevocable Sanction, I might with a great Deal of reason, vnder the generous Constitution of this Province, Sooner Expected a Confirmation of y^ Liberties of Estates tfrom you then Such a procecdurc, in no wise to be Coun- tenanced. Your Seat is a high jurisdiction, and the higher it is the more just and honourable ought its proceedings to be, and so give Examples of Justice to Infcriour Courts. Violent Courses, and hasty, precipitate CounccUs, will Slowly and meanly Commend y" policy of their Au- thors : I wish for the {future, that no Sinister designe, passion, or male conduct may so Influance or hurry any of the Sincere minded of you as to act unbecoming y" wisdom and dignity of the place. You have dealt vnkindly by me ; and not only so, but you have digged Decpc, tho' vnawares, I am perswaded, to Sevcrall of you, to lay a foundation whereby to ground a misdemeanour against mc vpon a Con- jectured non complyance with your Resolves, and this being a per- sonall matter, and of great moment, you have done by y" Lesser number, and that by Vote, being vnwarrantable by Law & Charter. 17 194 MINUTES OF THE Tlic duty of my place is to advise, and with you to Endeavour that nothing be attempted by any person or persons here, to y" Subver- tion of y" tframe of Governrn' ; had you well understood & Considered the matter before you, the Tenure of y" Custody and y'' Station of The Officer, I should not have been thus treated by you. My Rc- ranted vpon the Petition of John Richardson, brother to y° murthertr, w* Petition was Read. It appeai-ed also that a sentence of Death had passed vpon her in a Provinc" Court held in 18* 210 MINUTES OF THE y' County of Kent, where y" ffact was Committed, and that the s* Prov" Court was Duly Authorised by y* Then Prcsid' and Conncill, by Commission vnd' the Lesser seale, dated y^2'' of y^ 2'' month, 1687- Vppon Consideration of The Petition, &c., It was ordered by the Presid' & Councill y'^ 19"^ of y" S-'Mo., 1688, that y^ Sheriff" Should suspend y'= Execution till ffurther order vpon the whole matter : it was ordered by y^ Gover' and Councill, The secretary only Dessenting, iJiat y^ said order of Suspention be of no ffurther fforce, and y' y" Sheriff of y" said County ol'Kent doe Cause Execution to be done ac- cording to y'' tenor of y' Judgment past by y^ Provinciall Court, and tliat y" day flbr doeing theroort" be on y" fifteenth day of This present ffirst month, commonly Called March, and that M". Clark be desired to take Care that y" ord' ffor Execution be delivered to y" Sheriff ffor y' purpose. The Secretary read a letter ffrom John White, Clark of y' County Court of New Castle, w"' y* Coppy of a paper sent by him ffrom Edw'' Blake, Jo" fforalt, and Charles Rumsey, Justices of y* peace of y said County, Certificing some proceedings by them bad vpon a fformer order of y" Gover' & Councill, about Viewing and rcm'>ve- ing 5'^" fforceable Entry and Deteiner made on the house and land of Tho. Woollaston, in y" said County, y'' possession whereof had been formerly given to y" said Woollaston, persuant to a Docretall order of y^ Provin" Judges, by y" Sheriff of v" said County, and since againo taken ffrom him, as by his Petition to the Gover' and Councill and their said order, referrence being therevnto had may appeare. The said paper being read, it appeared that in Stead of Executing y" said order, the Jury was by y" Justices affirmed to have given in ffor their virdict that Wee Jurersof Enquirie doe ffinde that there was a fforceable Entry Committed by Edw'^ Gibbs, high Sheriff of New Castle, and Richard Reynolds, his Deputy, vpon the house of John Gramton, about y' Latter End of y' Last Eight month, Called Octo- ber, 1688. HUGH MARSHLAND, fforeman. This was judged by y" board to be a great affront and Contempt of their authority; but what remedy might be given did not occurre to y° board, it being properly remidablc by y'' Prov" Court, w'"'' the Keep- er iiad refused to authorise vnder y" great seale, as he had been or- dered to doe. Many things were Spoaken by way of Grievance that y'" Gove' and Councill should be so obstructed in their remedying such Complaynts andy' ffurther debate of y'' matter taken vp. Some declareing y" Keeper's rofusall was a misbehavior in his office, and tending very much to y'' hurt & Dammage of y" people of y" Pro- vince; y' it was dishonourable to y^ Government, and gives occasion to others to slight Governm' and authority. That they thought it was to no purpose ffor them to give their attendance in Councill if they Should be by such means hindred of doing Justice to y*" people, and that they were weary of such attendances vpon such obstruc- tions, &c. PROVINCIAL COUNCIL. 211 VV'ni. Clark moved y^ Keeper might be spoken with, to see if he would give any other answer, w* was Seconded & Thirded. The Gover'' named Wm. Clark, The Secretary, & Sam" Carpen- ter, to attend y" Keeper to see if any Expedient can be found for preventing tiiu'ther heats arriseing vpon such occasions, who were to report their proceedings to y" Gover' and Councill to morrow morn- ing, by seven of the Clock, all y" members of Councill now present promiseing to meet at that Time to Receive the same. adjorned accordingly. At a Councill in the Councill Roome at Philadelphia, y° 5"" day of the 1" month, 1688-9. present: JOHN BLACKWELL, Esq^, Gover'. Wm. Clark, Sam" Carpenter, Rob' Turner, Wm. Darvall, Griff. Jones, Wm. Markham, Secre. The Gover' ordered y*" Secret^ to read y" Entryc of last Councill's proceedings. They were reade. The Gover' took Exceptions at y* Entering v^ Secretary's dissent in y" body of y'' order touching y^ Execution of the Murtherer, w*^ was struck out with a pen, & the Secret allowed to enter his dissent thereto in the Entry of this day's proceeding, if he thought it need- full. The Gover' also tooke Exceptions to the brief Entry of M'. White's Letter, & y'^ Justices returne from New Castle, & by directions of y* board they were ordered to be entred verbatim, at large, which were as foUoweth: To the Honb''' the Gov' and Provinciall Councill of y*" Province of Pensilvania & Territories, Gent. I Received a certain Paper from Edward Blake, John fforat & Charles Rumsey, Justices for the County of New Castle, w* I was commanded to Record, and to send a Coppy thereof to the Gover' & Council. In obedience to their commands, I have here inclosed a true Coppy of the originall, w'*" is all I have in charge at this time, from, Gent., your humble servant, JOHN WHITE. New-castle, vltimo, ffebruary 1688-9. The Gover' Directed that the Comittee Ordered yesterday to attend the Presid', to see if there were anything could be done by way of Expedient for preventing further strifes & heats, would Report the issue of their proceeding therein with him. Wm. Clark Reported, That pursuant to the said Order, they went to y" Keeper & let him to understand that it was the Order of the Gover' & Councill that they should go to him to ask if he would give 212 MINUTES OF THE any further answer to y" Refusall of puting the broad Seale to the Commission for Provinciall Judges ; to which the Keeper answered, That he thought that w'*" he had given in answer in writing was sufficient; And that if y^ Gover' & Councill did not look upon it to be so, if they did not approve of it, if they pleased to signify their mindes in writing wherin it was insufficient, he would give his answer to them againe in writing. This was agreed by the Comittee sent to be the substance of the Keeper's answer in words, as near as they could remember. The Gover' declared he did not think it was their work to dialogize w"' any man without dorcs, and desired the severall members of Councill would give their opinions upon it, whether The Keeper's dealing with the board herin in that matter did not argue contempt of their authority. Griffith Jones was troubled that the Gover"" and whole Province should be so wholly obstructed from doing Justice : That y" Keeper by these dealings is the Ruler, & not the Gover''& Councill : That he would have been glad the Keeper had complyed with that which tended to the doing Justice in the Countrey, But that by this he perceives if the Keeper lay his hand & say Thus farr you shall go & no further, to the obstructing all Justice, we must sitt still, &c. This is the way to Create animosityes & making partyes ; this ought not to be suffer- ed; It is not well, &c. : That he judged the Keeper is answerable to the Gover"^ & Countrey for this misdemeanor, and offered to be one of them that should charge him to make answer for it; and said, if the Keeper be thus suffered, 'tis to no purpose for us to spend our time in sitting & giving Councill here, &c. Wm. Clark. Some things were difficult to us in the former debates concerning the Comission, Viz' : I was doubtful! upon which Law the Commission should be grounded : much was to be said on both sides. He could be willing there might be a right understanding that we might not be put to y" Extremity & severity. The Gover'' minded him of the issue the former debates had brought that matter to already : That it was fully agreed That the later law was fulfilled ; that it did infringe the Gover'^ Authority ; (w"'' he had reserved out of their power by his Commission to them ;) That ther- fore it fell of it selfe. That the former Law was clearc, viz: direct- ing the Court to be settled yearly. That the Gover'' had in his Charter Reserved the sole power of nominating & Comissioning officers to himselfe during his life, and appeald to M^ Clark, &c., whether all those things had not been largely debated & resolved. Wm. Clark Owned that the latter Law did infringe upon the Go- ver" Prerogatives ; He acknowledged what the Gover'' said, & sayd I see there is a necessity to make use of the authority of this board. Griff: Jones. It is the King's authority that is opposed, & lookes to me as if it were a raysing a force to Rebell. Robert Turner said he never saw such shufling in matters of mo- ment in his dayes: as to hearing the Keeper farther, if he had any thing that scrupled him in matter of Law, he should have answer'd those things upon the application of the Comittee to him. And he PROVINCIAL COUNCIL. 213 should have given his advice to them. But It appeares we have two Gover"^ & two Councills : One within and another Without. Our words & doings are carryed abroad, & come to be debated by some (among ourselves) with another Gover"", & thereby the mindes of some persons are altered from what they have declared & moved here, (before they were influenced by those Councells,) so that we cannot proceed, which is neither for the quiet of the people nor honour of the Governor. Severall members moved the Question might be put upon the whole, which was thus proposed by the Gover'', Viz: Whether upon the debate of the Keeper's answer & other passages of Contempt offering themselves upon this debate, they did not judge the Keeper to have highly misdemeaned himselfe in his ofHce of Keeper of the broad Scale, in refusing to perfect the Commission sent him for Provincial! Judges, under the bi'oad seale, (It was Re- solved in the affirmative, Sam" Carpenter only dissenting,) Viz: that they did Judge he had highly misdemeaned himselfe in his said office thereby, &c. Afler passing this vote Arth. Cook came into the Councill. A paper was delivered in to the Gover' & Councill by Ja. Clay- poole, appoynted Clerk of the County of Philadelphia, inform- ing the Board, That David Lloyd refused to deliver up the books, &c. of y^ said County Court, \v'^ y" Gover'' & Councill had ordered, Ex- pressing that Tho. Lloyd had ordered him not to deliver the same. The tenor of which is as followeth, Viz: To the Honb'^ John Blackwell, Esq'., Gover'., &c., & Councill. Wheras, by a precept from the Gover' & Councill, I was comand- ed to Receive of David Lloyd the Records, papers & Seal relating to the Clark's office, and belonging to the Court of the County of Phila- delphia, in obedience whereunto, upon y'' Reception thereof, I in- formed the said David Lloyd, & delivered it to him, who promised from time to time to deliver up the same into my hands, and this morn- ing denyed to perform his promise, but gave me in answer that Thomas Lloyd had ordered the contrary, without whose leave he would deliver up nothing. JA: CLAYPOOLE. Philadelphia, 5'" V Mo., 1688-9. The said Da. Lloyd was sent for to come to y'' Gover' & Councill, then sitting. Being cgme. The Gover' demanded of him if he had read the Order of that board for delivering up the papers, Records, Seale, &c. belonging to the County Court, in his Custody, to James Claypoole, appoynted to succecde him in that imploymcnt. He answered, yes, he had received a Coppy of such an order. The Gov' asked him by whom y' s'' order was signed. He answerd he did not remember. The Gover' asked if it had not a seale set to it. He answerd yes. The Gover' asked if his (viz : the Gover"^) hand was not sett to it. He answered yes. 214 RflNUTES OF THE The Gover" asked whether he had delivered the same accordingly. He answcrd no. And then produced a paper Commission, under the hand & private scale of Thomas Lloyd, dated the 1^' of y' 1^'Mo., 1689, of the tenor following, which the Gover'' ordered to be read : PHILADELPHIA, By authority of Letters Pattont, under the Broad seal ^nxx^^^ of this Province, Granted unto me by The Proprietarie & ,^y?||M|?. Gover', I doc hereby Constitute & appoint thee my Deputy S4^^^>j in the office of the Rolls & Publique Records for the Coun- *^!^^f'^ tv of Philadelphia, & for the Entrino; of all Judgments of Courts, publique Proceedings of Justice, Legal Cases & of all other Instruments w'''' are by Law to be inroUcd & Recorded, & to take such Fees therefore as are Provided : And for y" Better Enabling thee to Discharge the said Place, I doe Jure Officy as Keep- er & ]Vr. of the Rolls, nominate thee Clarke of the Peace, &i also Clerke to the Justices For y" said County, & to act therein according to Law & uncontrolled usage. Given at Philadelphia, the first dav of the 1^' mo., A. D. 1689. THO : LLOYD, Keeper, & Mr. of the Rolls. To my Trusty Friend, David Lloyd: The Gover' demanded whether he would observe the order of the Board. He answered He would deliver up what -was in his Custody either to the Secretary or to the said Ja: Claypoole that day. The Gover' ordered him to withdraw ; and desired the board would give their opinion touching his answer. The Board Resolved that they were satisfyed in his answer. That he would deliver them up according to their former order. The Gover' then againe Ordered y" said Commission under the hand & scale of the Keeper should be read, Which was read accordingly. The Gover' desired their advice & opinion whether that act of his were not a high presumption & usurpation upon the Gover" authority, Declaring lie did not doubt but that he might make a Deputy as .Mas- ter of the Roles, for doing what appertayned to that office ; but to make a Clerk of the peace to y"" Justices, & Clerk to y*" (bounty Court, he Excepted against as having no President, The Disposing of all offices being by the Chiefe Gover' reserved to himselfe for his life. This was some time debated, with great trouble that the Keeper should so misdemean himselfe, divers attesting they had not knowne such a thing done before ; After which this Cfuestion was put : As many as are of opinion that this Commission produced by D> Lloyd, signed by Tho. Lloyd, & sealed with his owne private scale, (as farr as appeared to them,) dated y^ 1'' of y' 1" mo., 1689, nam- ing & Commissioning David Lloyd to be Clerk to the Justices & County Court, as therin is Exprest, is a high usurpation upon the Gover" authority, declare yourselves in the affirmative by rising up from your seates. All the members present (Except Arth. (^ook & Sam" Carpenter) arose upon the affirmative. M'. Carpenter declare- ing he did not understand it, yet sayd he did not justify Tho. Lloyd. PROVINCIAL COUNCIL. 215 The Gover'' proposed to the board to give him their advice concern- incf the disposall of the said Commission, or returning to D. Lloyd. The Question being put, viz : As many as are of opinion That this Commission remayne with the Secretary, to be used as the Gover'' & Councill shall think fitt. Declare yourselves in the affirmative by rising up from your seates. All the members present arose. (Except the said Arth. Cook & Sam" Carpenter.) Adjorncd till 4 of the Clock in the afternoone. AFTERNOONE OF THE SAME DAY. The same persons present. The Reason of the adjornment being to be informed whether David Lloyd should that day deliver up the Records, papers, & Scale of the County Court, according as ho had promised, It was Reported that he made no scru[)le to do it, & had done it in part; Whereupon the Go- vern'' adjourned till the next second day of y"" weeke, Viz : to y" ll* of y'' 1" month, according to former order. At a Councill held at New Castle (one of y^ Countyes annexed to y' Province of Pensilvania) the 13 and 14'" days of y^ first month, commonly called March, 1G3S-9. present: JOHN BLACKWELL, Esq^, Gover^ Peter Alrichs, .lohn Symcock, Rob' Turner, John Cann, John Bristow, Griff. Jones, John Dehayes, Barth. Coppock, Wm. Markham, Secre. The Gover' acquainted the Councill that he was come thither on purpose to indeavor a sctleing of those differences that had been oc- casioned in y' County by the proceedings had in the case betweene John Grantham & Thomas WoUaston ; which had already caused a great deale of trouble to that board sitting at Philadelphia, And as previous and in order to their better proceeding therin. The Govcr"^ Enquired whether the order past in the Provinciall Councill for re- storing WoUaston to his possession had been observed by the Justices, M". Cann answered it had, & was Recorded. The Govei-' Ordered it should be read. It was read accordingly. WoUaston was callen in and demanded whether he had possession delivered to him according to y° Councill's order. He owned he had the possession delivered to him, And sayd ho did not question but he had the possession still, and moved That Consideration might be had of the Charges he had been at, &c. The Question was putt whether the Returne made by the Justices 216 MINUTES OF THE was sufficient, which was carrycd in the affirmative, Nemine contra- dicete. The Gover'' being informed That Grantham's Wife was attending with a Petition, she was called in &. delivered her petition, w'^'' was as foUowcth, Viz': To the Honb''' John Blackwcll, Esq'., Gover"", & Councill of the Province of Pensilvania and Countys annexed, in America. The humble Petition of John Grantum shewcth : Wheras, your Petitioner for near three years past hath been ex- cluded and kept out of his Just right and priveledges, by the force of certain decrees and Orders surreptitionsly obtained by Thomas Wollaston, and forcibly executed on y©ur said Petitioner, his land and Plantation, contrary to the fundamental! laws of this Government, all which your Petitioner is greviously oppressed in, almost to the impoverishment of himselfe & family, therefore earnestly intreats your honours will be pleased to have a rehearing of the matter, that Justice may flow in its due channell, whereby the oppression your Petitioner lyeth under will not only be removed, but your Petitioner restored to his former absolute right and estate ; and your Petitioner as in duty bound, shall ever pray, rd, Signified vnto me, and gave it vnder his owne hand, y' some time after they there Settled that he asked y^ Gover' to what County they Should be joyned or belong vnto, & The Gover' was pleased to answer him that they must belong to Chester County : was signed R., the mark of Rand" Vernon. Our Proprietor and Gover being pleased to grant to me a Commis- sion to be Sheriff of The County of Chester, was pleased some time after to Express himselfe to me to this purpose : Thomas, I perceive that the Skoolkill Creek Comes or runs so vpon the back of Phila- delphia, that it makes y^ City almost an Island, so that a Robbery or the like may be there Committed and y'' offender gitt over y' Creek and so Escape for want of due persute, &c., therefore, I intend that y° bounds of Philadelphia County Shall Come about 3 or ffour miles on this side of the Skoolkill, and I would not have thee to take notice or to oppose that Sheriff in y'' Execution of his office, about Kingses, or the like, but I intend to Enlarge this County downewards to Brandy- wine : assertained by me, THOMAS VSHER. Some of the members of the Prov" Councill asserted the Substance thereof, and that y"' same was agreeable with the mapp of the Pro- \ince. The Survey' Gene"' Deputy was sent for, who showed the bounds of the County ffrom the mapp, and being asked by y' Gover' by what 19* 222 MINUTES OF THE order it was sett out, answered it was so ordered by y* Gover' & Pro- vincial! Councill, as would appear by y* Coppy of y' minutes of their proceedings, w'"' he produced. The Gover'' Directed that the minutes themselves might be serched, & Comparcing the same Coppy with the Entry, ffbund them agree in Substance. 'Twas observed by y^ Gover'" and Councill that y° mapp of The Pro- vince was the work of Thomas Holme, Survey'' Gene"; that it was dedicated to y° Proprietor by y' Publisher ; that many Coppjs had been published in England and here in this Province, by w"''' y^ same was made notorious to all men's observations & Knowledg, w*out Controll or Question, and that 'twas likely many Conveyances of Lands might have been passed, Expressing the Situations to lye in the Respective Countys; as they were therein Expressed, and that to Disallow thereof, for y^Boundai'j's might be of ill Consequence on that acco'. 'Twas assorted that the Welsh Inhabitants had Denyed them- selves to be any part of The County of Philadelphia, by refuseing to bear any share of Charges, or serve in office or Jurys, and the like, as to y° County of Chester. That the pretence thereof was they were a destinct Barrony, w'*" tho' they might be, yet that severall Barronys might be in one and y' same County. The Gover'' and most of The present members of Councill Decla- reing themselves satisfied Concerning their being a part of Chester County vpon y^ grounds alliged and proved as aforesaid, Yet, ffor as much as Thomas Lloyd had desired they might be heard before it were determined, Sam" Carpenter was desired to acquaint him that if he, the said Thomas Lloyd, should think ffitt so ffarr to Concerne himselfe therein as lo appear in their behalfe, or any other, to shew cause why they should not be Declared to be of the County of Chester, (as the Proprietor had promised,) they might have liberty so to do before the Gover'' and Councill to morrow, between 9 & 10 in the forenoon, otherwise the Evidence seemed so ffull as that they should proceed to Declare their judgment therein. James Claypoole, Clark of The County Court of Philadelphia, by an address to y"" Gover"' & Councill, Complayned that David Lloyd refused to Deliver vp the Records and proceedings of the County Court in the time of his being County Clark, and some of the justices also informed the board thereof, and that many prejudices had hap- ned by y° Clark's not haveing them. David Lloyd being sent for, said he had not had time to doe it, haveing been ingaged in a remo- vall of his goods, &c., but said he would doe it as soon as he Could : the Gover"" Declared to him there being a County Court to sitt this week, where they would he needed, that if it were not don in two days he Should take a Course with him to Compell him, w'*" he ad- vised him to prevent, and Caused him to withdraw. Wm. Cloud his Petition was read, setting forth his being taxed for y' Levies of one and y^ same tract of Land in both y' County of New Castle and y" County of Chester, the w'"" tract of Land was Laid out PROVINCIAL COUNCIL. 223 as in the County of Chester, and was part of fllve hundred acres He bought in England of the Proprietor. Ordered that the Secretary write a Letter in tlie name of the Gover' and Councill, to y' justices of Tiie County of New Castle, to Inquire into that matter, and to Certific to y'' Gover'' and Councill the grounds of their haveing interrupted him, as is therein Expressed, if it so proved, w"' what Convenient Speed they Could, and in the meantime to Suspend the Levying y'payment Complaynedof till ffurther Order. At a Councill in the Councill Room at Philadelphia y' 26* of y' first Mo., 16S9. JOHN BLACKWELL, Esq^, Gover'. John Bristow, Wm. Yardley, Griff. Jones, Sam" Carpenter, Rob' Turner, Wm.Markham,Sec^et^ The Gover' directed the Entryes of yesterday proceedings in Coun- cill should be read. They were read. As also y° minute of y' Councill touching the ascertavning the dividing lyne betweene the Countyes of Philadelphia & Chester, dated y= 1" of 2. Mo., 1685. The same were reviewed & observed by Mr. Yardly. In so much as he exprest himselfc he Could not see what was to be sayd against it. Sam" Carpenter declared he thought the Welsh people & inhabi- tants of Philadelphia County should have longer time. Also Mr. Yardly was of the same minde. The Gover' thought there was no need of them, the matter being so playne. But directed, if any were attending they should be called in. The Secretary went out to see if any persons appeared on their be- halfe, according to the Liberty Granted & directed to be intimated to Tho. Lloyd, at his motion yesterday. Tho. Lloyd & John Eckley appeared, and the Cover' asked them if they had any thing to object (on the behalfe of y" Welsh people) against the Running of the lyne as appeared by the map, which added them to y^ County of Chester. Tho. Lloyd sayd the Proprietor had given them grounds to Expect they should be made a County Pallatine. The Gover' ask'd if any such thing had beene past: nothing appeard. Tho. Lloyd askd the Gover' by what authority these dividing Lynes were drawne. It was answerd by the forementioned Order of the Councill, (as farre as concerned this matter,) which agreed with the severall depo- sitions of what had been promised by the Proprietor, and also with the map-lynes, &c. Some other discourses past, but nothing mate- riall offerd against the thing; Only Tho. Lloyd declared his opinion, That some more time should have been allowed for their appearing to make their Exceptions. He also demanded of the Cover' whether the 224 MINUTES OF THE Proprietor had power of himselfe to divide the Countyes, or whether the Projjrictor 6c Councill. The Gover"' answerd that by y" said Depositions, minutes & map, it appcard to be done by both in this case. John Eckley declared he had nothing to say, but that he thought further time might be allowed in the matter. The Gover"' tould him he did not think that the Gover' & Councill could doe nothing about limits, but with the popular allowances. They both being with-drawne. The (iuestion was put, viz': as many as are of opinion that the bounds of the County of Chester Exprest by the dividing line marked in the large map of the Province, dedi- cated to y^ Proprietor, and being according to the Order of the Pro- vincial! Councill dated y" 1" of y' 2'^ month, 1685, are, and shall be hereafter, held and esteemed the bounds & dividing lyne betweene y" Countyes of Philadelphia & Chester, declare yourselves by rising up from your seats. It was carried in the affirmative, by Rob* Turner, Griff. Jones, John Bristow & Wm. Markham (agreeing with the Gover"^ sense.) Sam" Carpenter declaring the ground of his being in the negative was not that he was against the thing, & thought it would be & was best so; only because that he thought the Welsh people & People of Philadelphia should have had longer time for making their defence. M'. Yardley of the same minde. M''. Bristow brought in the Sheriff's Returne of Ellections for mem- bers to serve in the Prov" Councill and Assembly for the County of Chester. The Secretary offerd the like Returne, made for the County of New Castle: both were read & referred to further Consideration. A Petition was presented to the Gover"" & Councill by Humphrey Morrey, Phill. Richards, phillip James, Will. Lee, for leave to build a wharfe on the side of Delaware River, against y" End of y' Chesnutt street, which was read and some things spoken to it ; But The further Consideration thereof Referred to the next Sixth day of this week. Adjourned to y*" 6"" day, being y'= 29'" instant, at 9 of the Clock in the forenoone. At a meeting of The Councill in the Councill Roomc in Philadel- phia the ffirst of The second month, 1689. present: JO" BLACKWELL, Esq^, Govef. Grif. Jones, Luke Watson, Joseph Growdon, Wm. Yardley, Sam" Carpenter, Wm. Markham, Sec". Barth. Coppock, The Gover' ord"* the Entrys of y" Last dayc's proceedings in Coun- cill should be read: they were Read accordingly. The Gover' Directed y^ Returne made by y° sheriff of y" Countv PROVINCIAL COUNCIL. 225 of Sussex of members to serve in Provincial! Councill &c assembly should bo Read. Wni. Clark & Jo" Hill, members Returned to serve in Provincial! Councill, were directed to withdraw. Consideration was fiirst had of VVm. Clark's Election, who had served Six years before, wherevpon Sam" Carpenter moved to have that part of y" C barter read w'^'' directs that after y" ffirst seaven years the persons going off should be vncapable of being Chosen againe tlbr on3 year Hollowing, &.c. The same was Read: And vp^)!! tlie debate it was resolved, Nemine Contradicente, that y' Returne of JVm. Clark was good, and that there was no Exceptions to be taken against liim, but that he subscribing y' obligation of a Pro" Councillor, Should be admitted to take his place: which he gubscrib^'J, and was admitted accordingly to sitt in Councill. Consideration was also had of Jo" Hill. Jos. Growdon desired y° writt Issued for his Election might be read : the same was read, and vpon debate it was resolved that y" Returne of Jo° Hill was good, and that there was no Exceptions to be taken against him. Jos. Growdon, Barth. Coppock, & \Vm. I'ardley desenting. He was Called in, & subscribeing, toolc his place in Councill. VVm. Stockdale being returned to serve fibr y^ County of New Castle, vpon the debate it was resolved, nemine Contradicente, that y° Returne was good, & that there was no Exception to be taken against him : he was Called in, and vpon his subscription was admitted to take his place in y^ Council!. John Symcock being returned to serve as a member of Council! ffor y° County of Chester, vpon y= Debate it was resolved, nemine Contradicente, that y" Returne was good and that there was no Ex- ception to be taken against him. He was Called in, &; vpon his subscription was admitted to take his place in the Councill. John Curtis being returned to serve as a member of Council! ifor y' County of Kent, and y° Returne also read, GrifF. Jones acquainted y* board y' y" said Curtis had been tFormerly accused by some deso- lute persons of treasonable words. Wm. Clark, one of y^ Judges ap- poynted on y' occasion, said y" words were not Treasonable, and y' y* Grand Jury did returne y" bill Ignoramus, &c., and so said GrifF. Jones. Js. Growden said that Curtis was well reputed in his County, &.C.: vpon debate it was resolved (nemine Contradicente) that there wa«rno ground of Exception against him. He was Called in, and vpon his subscription admitted to take his place in y" Council!. Jo" Ecklcy was Returned by y° Sheriff to serve as a member of Prov" Councill fTor y"^ County of Philadelphia, but with submission to y' board fibr that flifty or sixty welsh men who were not of that County had joyncd themselves in y° Vote, y** Gover' desired y" Councill's se- rious Consideration touching that Returne, and ffor their fTuller in- formation, directed y' y^ Entrvs of y"" Councill's pi'oceedings in their debate touching y'= bounds and lines between y" County of Phila- delphia & Chester, viz : on y" 25'" & 26'" days of y° Last month, should be read. They were Read ; And vpon debate it was Resolved 226 MINUTES OF THE y' y' Election of Jo° Ecklcy to be a member of Prov" Councill for Philadelphia County, ffor y'' Reasons advertised in y" Returns thereof, given by y" sheriff, was not a good election, according to y" Charter and Rules therein in that behalfc, Sam" Carpenter, Jos. Growdon, Wm. Yardley & Wm. Stockdale only dissenting. The Gover' therevpon declared he would Speedily Issue out a new writt ffor Chuscing not only ffor Jo" Eckley, but for Sam" Richardson, to Supply his place for y" Remainder of his time, he haveing misde- meaned himselfe in Councill. Jos. Growdon moved that y" Returne of Thomas Loyd ffor to serve as a member of Prov" Councill ffor y° County of Bucks might be Considered : y^ Gover'' said it was late and y' he had some thing to say ag' it, w'^'' he would declare to them at next sitting, w"*" was appoynted y^ next day, viz: y^ 2- of y' 2^ month, at 9 of y* Clock, and adjorned accordingly. At a Councill in y^ Councill Roome at Philadelphia y^ second day of y* second month, 1689. JO" BLACKWELL, Esq^, Govern Griff. Jones, Jo° Symcock, Wm. Yardly, Jos. Growdon, Barth. Coppock, Jo° Curtis, Luke Watson, Wm. Clark, Jo" Bristow, Jo" Hill, Sam" Carpenter, Wm. Markham, Sec"'. Wm. Stockdale, The Gover' directed that y^ Entrys of yesterday's proceedings of y" Councill should be Read : they were Read : y^ Gover'' acquainted y" board he should begin with y' matter w'^'' was Last mentioned; w*^ was to acquaint them w* what he had to say against y' admitting y' Returne of Thomas Lloyd to set as a member of Prov" Councill ffor y' County of Bucks, and made a Large discourse of y*' powers granted him by y*" Propri""' Commission fformerly granted to y° Provin" Coun- cill and Comm" of State, to w* there was Reference made by his said Commission. And perticularly setting fforth how the said Thomas Lloyd had by his miscarriage in sundry respects, obstructed his, y" said Gover"^, pro- ceedings in y" Discharge of his Trust. And haveing delivered in a ])aper Conteyning the heads of Severall articles of high misdemeanors. Crimes and offences, Where with he Charged y^ said Thomas Lloyd, in y° name of y'' Proprietor & Cheiff Gover', (w'^ he directed Should be Read, and was read accordingly, ) He proposed a Committee might be appoynted ffor Considering y" same, &c., ffor preparing and makeing ready in Due fforme, articles to be prossecuted and proved against y" said Thomas Lloyd, and that therevpon he might be brought to a tryall, to be managed in y*" Proprietoi"'s name. Joseph Growdon moved that Sam" Richardson might be admitted to Sitt and act as a member of Councill ffor y' County of Philadelphia. PROVINCIAL COUNCIL. 227 The Gover' told him his misbehaviour had been such as had Ex- cluded him, & that he had given Direction for a writt ffor a new Election of one in his Stead : he, y"" said Joseph Growdon, moved also y' y^ vote that had past yesterday touching y*^ Returne of y" Election made by y^ Sheriffof y*" County of Philadelphia, might be past by y' Ballott. The Gover' told him it Could not be admitted ; it was yes- terday past by y* vote as had been vsuall, & 'twas affirmed y" ballot- ting box had never been made vso off on any such occasion, and that he saw no reason to make vse of it in that Case. Adjorned till To morrow morning, 9 of y° Clock. At a meeting of the Councill in the Councill roomein Philadelphia, the 3^ day of the 2^ month, 1689. TRESENT : JOHN BLACKWELL, E3q^, Gover\ Jn" Symcock, Jn" Hill, Sam" Carpenter, Jos. Growdon, John Curtis, Grift'. Jones, Jn" Bristow, Wm. Stockdale, Luke Watson, Wm. Yardlv, Barth. Coppock, Wm. Markham, Sec''. Wm. Clark, The Gover"" directed the last Entry should be Read ; they were Read accordingly. The Gover'' was entering upon a discourse touching the heads of the articles of charge exhibited against Tho. Lloyd, But whilest he was speaking Sam" Richardson, a late member of Councill, came into y" Councill roome and sate downc at j" table. The Gover'' askd him if he had any thing to say to y" Councill. He sayd He came to discharge his duty as a member of that board. The Gover' tould him he had beene dismist for his misdemeanors in Councill, and that a writt was ordered to be issued for Electing another in his Roome, He demanded for what. He knew nothing he had done, but that he had sayd thou wert a Deputy Gover'', and that he was ready to make good ; and added. He was never heard ; He was never heard ; and had asked for a Copy of the minute & could not have it. The Secretary sayd: He spake to him therof in the Street, but never came to him for it. The Gover' tould him It was Enterd, and that his behaviour was with so great contempt of the authority of the Proprietor &, that board, as could not be borne ; And therefore. Required him to withdraw, which he Refused : thereupon The Gover' declared that if the Coun- cill did think fitt to suffer such interruptions to his & their proceed- ings, and so high affronts to be given him sitting there, & there was no way to prevent the Coming of persons, He would adjourne the Councill to another time, and provide for his being kept out by some officer he would appoint to keepe the doore. 228 MINUTES OF THE The sayd Richardson continuing there, and there being a Silence, The Gover'' adjourned till two of the Clock in the afternoone. POST MERIDIAM. The same persons present. The Gover' acquainted the board That he thought fitt That the heads of the charge he had exhibited against Tho. Lloyd should be prepared: and that as he had when he delivered in the same, pro- pounded A Committee might be appoynted for that purpose. Joseph Growdon sayd: He thought it was fit That the businesseof Sam" Richardson should be considered, that the board might be filled with their members, and that he questioned whether the Councill had power to Exclude a member chosen by the people, for then they might all be Excluded at pleasure, &c. The Gover' tould him He doubted not to Exclude him or any mem- ber whatsoever, that should misbehave himselfe as he had done ; and sayd. It is the undoubted privilege of all Courts & Corporations to judge the misbehaviours of their owne members sitting amongst them, and that his misbehaviour had been insufferably great in their opinions, and was comitted in their view, & consequently. That none could be so propper judges therof, and they had so adjudged it. He also Added, that many facts done in the view of one justice of the peace, Was sufficient for conviction, & Recording it. It was moved. The proceedings might be read: they were Read. It was objected that y^ Exclusion was but conditional!, and moved That he might be allowed to acknowledge his offence, or Fined, &c.- The Gover"' sayd He knew not that they could ffine him. That it was to late to admitt his acknowledgement if he should tender it now, for that a writt was ordered to be issued for a new Election, which had beene notifyed by the Sheriffe. Besides, that there seemed to be little probabillity of his Submission, for It might be observed how that when he appeared in the morning, as he oflerd no such thing, so he stood upon his owne innocency & vindication, saying He Knew nothing he had done ; and wdien he had been ordered by the Gover'' to with- draw, he had refused so to do, and had inforced him to adjourne the Councill whilost he was present. In fine. That the affront was insufferable. That it had been allrcadv adjudged; and that he should not sitt there to suffer such abuses & affronts, nor Avould he bear them from any member sitting at that board ; and that he would advertise the Proprietor accordingly, and abide his Censure. Many intemperate Speeches & passages happend, ffitt to be had in oblivion. The Gover'' desired therefore, They would forbeare all provoking heats & annimositj'es inthcir further proceedings, and proposed againe, That a ("omittee might be appoynted to ])repare & forme the charge against Tho. Lloyd, for that before they entcrd upon preparing Bills, It was fit they should be in a Capacity to make them & Execute them when made Laws, which could not be till those things were considered, and due remedyes applyed, and that depended thereon, The sayd PROVINCIAL COUNCIL. 229 Tho. Lloyd assuming to himself to render all their attempts insignifi- cant whilest he refused to set the Great Seale in cases Requisit. Here againe arose some war me debates, divers of the members ex- pressing their in-ordinate affections for the sayd Tho. Lloyd ; and saying they coidd not (& one of them he would not) believe him to be such a person, & so guilty as was mentioned in the Charge. Tho Gover' tould them the things would be proved. Some moved that he might be sent for and heard what he had to say for himselfe, before there were any further proceedings, saying it may be he could give the board satisfaction. The Gover'' Replyed The articles were not finished, and It was against all the Rules of judiciall proceedings to Require a man to an- swer till his charge was ready. He added, That he had in the name of his master charged him with crymes, offences & misdemeanors, which were well known to himselfe, the Gover'', and to divers other members of that board present to have been comitted by him. That when tho charge was ready He should be sent for. It should then be Read to him and his answer required, and a Coppy therof & time given him for making his deffencc. But that divers of the things were so well known to be true, and were of so high a nature, and so mischiev- ous & obstructive to his and their proceedings in the Governm', as by the Charter and Laws was required, that without application of due rcmedves it was in vayne for him & them to sitt there, (w''' was like- wise declared to be the opinion of divers of the members present ; but was of little esteeme with others, on the account of their tender- nessc towards him,) and the sayd motions rejected in such warme Expressions as are not fitt to be Recorded. [t was objected by some that such proceedings against such a per- son would be of ill consequence to the Contrey at this time, in that it would discourage persons from coming over amongst them, &;c. It was answered That on the contrary, if partiallity were used, that would more discourage persons ; Especially where justice required their detestation of such things comitted by friends, if they should not Testify against it, &.c. The Governor tould them It was ncedfull to lay aside affection, & to do justice on the behalfe ofthe Proprietor &people, and tould them, if they should not think fitt to direct a further proceedings, he would himself appoynt some persons to do what he had moved, in order to the per- fecting the charge, and preparing, methodizing & mannageing the evidence. It was answered by some. He might if he would ; they were not satisfyed in it. Wherupon the Gover' thought fitt to give them a dayes respit to con- sider what they would do. It was moved They might sitt in a grand Comittoe amongst them- selves. The Gover., (being aware of what was indeavord abroad,) &c., Replyed, He saw how hard a matter it was for them to keep within y' bounds of due respect to each other : That he did not therefore 20 280 MINUTES OF THE think fitt to allow therof unlesse himselfe were present, as he conceiv- ed it was his duty to be at all their meetings & transactions in pub- lique affayres. It was answered that would not do, &c. Thereupon the Governor adjourned the Councill untill the o'*" day of the month, at nine of the clock in the forcnoone. At a Councill mett in the Councill Roome in Philadelphia, the 5"' of y= 9.' Mo., 1689. pnESE>^T: JOHN BLACKWELL, Ksq\, Gov^ Wm. Clark, Gritf. Jones, Wm. Yardly, P" Alrichs, Jn°. Symcock, Earth. Coppock, Luke Watson, Jn". Bristow, Sam" Carpenter, Jn". D'Haes, Wm. Stockdale, .Tn°. Curtis, Jn". Hill, Jos. Growdon, Wm. Markham, Secre. The Governor & Councill being assembled & Sate, were entring upon businesse, But were interrupted by Tho. Lloyd's comming in, in man- ner following, viz': The Gover' asked him if he had any thing to say to the Councill. He answered that he came to take his place & do his duty as u member of that board. The Gover' tould him, There was nothing Expected of him untill he should have given satisfaction to y° board touching severall high crimes, offences & misdemeanors, wherewith he stood charged. And therefore desired him to withdraw & not to hinder their proceedings. He Replyed, (amongst other things,) He had as good Right to sitt there & give his advice as the Gover' had to be Gover^ That he had a double Right, &c. The Gover"' tould him It was not so judged, &c,. and in as much as he would not withdraw the Gover' adjourned to his owne Lodgeing in Philadelphia, and arose; Requireing the members of of the Board to attend him there forthwith. Most of the members stayed some time, during Which there were so sharped unsavoury Expressions used by him, the sayd Tho. Lloyd, to the provoking divers of y" sayd members, some of which were heard by the Governor himselfe, whilest he stayed without the doore, &; others of w* was acquainted by the Secretary, who came out to him & tould him they were in such heats & quarrellings as he believed would not Easily End If the Gover' did not returne & comand their departure. The Governor Returned and Required of him, y*' sayd Tho. Lloyd, that he should depart ; and likewise the members of y* Councill, that they forthwith attend him to y" place to w'''' he had ad- journed them. Some of them, to the number of 6 or 7, went away with the Governor, and the Rest came all of them in a short space afterwards. PROVINCIAL COUNCIL. 231 Being sate, The Governor directed the Entryes of y" last daye's proceedings might be Read : they were read. Some Exceptions were taken against some parts of it by Sam" Car- penter: the Gover'' thereupon directed they should be read over, in parts, That notice might be taken of the particulars. Joseph Growdon declared himself against the whole, but in reading that part wherin it was exprest That he questioned wether the Coun- cill had power to exclude a member chosen by the people, for then they might be excluded at pleasure : he sayd he did not remember that he used the words at pleasure. Also, y" words [they were Read there- vpon] Excepted ag" agreed to be put out. Sam" Carpenter sayd. He did not know That any intemperate speeches had been used, and moved That part might be omitted in the Entryes. The Gover'' Replyed he judged them to be so. John Symcock Ex- prest his desiie that y'^ word [in-ordinate] where it is sayd divers of the members expressing their in ordinate affections for y'= sayd Tho. Lloyd. The Gover"' Replyed that was his sence of it, for that he could not prevayle with them to put the charge into a way of pro- cedure, &c. This being over, The Governor desired they would severally declare their opinions, whether That interruption & disturbance to their peaceable sitting in the Councill Roome, made & given by The. Lloyd, were not a misbehaviour in him: divers of them particularly & expressly declared they so adjudged it, and that it could not be judged otherwise: Others were of a contrary opinion; and some would not speak as to y" behavior or misbehavior, but declared obliquely, viz ; One that it was not his opinion That Tho. Lloyd came there with intention or designe to misbehave himself; some That his coming to demand his right was not a misbehaviour; others y' they were not present at y' begining & did not see any misbehaviour ; others that there was not any likelyhood of their going together by the ears, as had beene affirmed. Wm. Clark sayd no member of Councill ought to challenge a place till his qualification be judged by the Councill; he doubted not but Tho. Lloyd was duely Elected; but there was a high charge against him, and in such cases It had beene the usuall method of the proceed- ings of that board not to admitt members returned till they had cleared themselves, for that till then he is to be look'd upon as a person that may be guilty, at least by some persons, and that till he be cleared he ought not to attempt to take the seate of a member at the board. John Hill sayd that was his case: he was not admitted after long at- tendance, and that though he had not spoken or acted as Tho. Lloyd had done, yet Tho. Lloyd said he ought to be bound to the good be- haviour, &c. Joseph Growdon moved for y'' Ballot. The Gover'' an- swered He had not heard that ever it was used in Councill before he came. But now that he had heard their severall opinions, He would take it upon himselfe to Exercise his authority, as he was directed by the Honb'" Prop"' & Chief Governor, for suppressing all factions, Se ditions (fc animosityes, and so past off from that debate. 232 MINUTES OF THE The Govcr'' moved to know their mindes wliether they would enter upon the consideration of preparing bills to be past into Laws, & tould them he would put the businesse of the charge against Tho. Lloyd, into a way of perparation for their proceedings theron : after many tliinghs sayd in debate, The Governor proposed thisQuestion, Viz'.: As many as are of opinion That this Councill shall proceed upon the businesse of preparing bills to be past into Laws, and that there is a sufficient number to proceed theron, declare yourselves by stand- ing up from y'' seates. It was carryed in the affirmative by Eleaven of 15 voyes ot y" members present. The 4 dissenters were Sam" ( 'arpenter, Jos. Growdon, Wm. Yardly and Jn" Bristow. And in order to their better jiroceedings therin, It was Resolved and ordered, 1. That the Rolls of all the Laws and ingrost lawes of this Pro- vince &i Countyes annexed, appoynted by the King's Letters pattents, to be published under the scale, shall be brought before this board by the Keeper & master of the Rolls, or his Deputy, in order to the con- sideration of them, whether they have that Sanction which the Patent & Charter requires. 2. That the time for bringing them in shall be at y ■ next sitting of the Councill. 3. That Wm. Clark, John Symcock, & Jn" Bristow, do attend the Keeper with these Resolves. Adjorncd till nine of y'' Clock to morrow morning. At a Councill in the Councill Roome at Philadelphia, y* 6* of y'2"" month, 1689. present: JOHN BLACKWELL, Escf ., Gover\ John D'Haes, Jn" Symcock, Wm. Stockdale, Pef Alrichs, Barth. Coppock, Jos. Growdon, Wm. Clark, Griff. Jones, AVm. Yardley, J^uke Watson, Jn° Curtis, Wm. Markham, Secre. Jn" Bristow, Jn" Hill, The Govcr'' directed y^ Entry of the proceedings of the last Coun- cill should be Read. They were Read. Wm. Clark (in presence of John Symcock & Jn" Bristow) Report- ed to y' Councill That In obedience to y^ Resolves & order of y' board jjast at the last sitting, they did go to the Keeper & Master of the Rolls to acquaint him with those Resolves, &- did acquaint him therwith ; upon which he ask'd whetjier or no that they were to de- liver as a message was by word of mouth or in writing. That they answered. That they had not any distinct comand about that, but that he had a Coppy of the sayd liesolves, which he delivered to him; and that after he had perused it, the Keeper returned this answer : That he would prepare his answer for it. That he asked the Keeper PROVINCIAL COUNCIL. 233 when it might be expected, & told him it was desired the board might have it this morning. The Keeper answer'd He should take care of it. The Keeper presented himselfe in the Councill roome. The Gover'' acquainted him with the substance of the Resolves, and that the Comittee appoynted had Reported. That he sayd he would give in his answer. The Keeper tenderd his answer in writting, w'^'" was read by y^ Secre. and is as foUoweth, Viz': To the present Gov'' & members of Prov: Councel. I received y' Resolves this Evening late, of my bringing to your next Councel the Rolls of all the Laws & Ingrosscd Laws of this Prov. &Territories, appointed by the King's Letter's Patents to be published under the Seal; Truely I know n' any such Laws, either in Rolls or ingrossem', so appointed to be published, neither can I understand by your Order what Seal is meant, whether the Greater or Lesser: neither have I declined my Duty in inrolling or legally recording any Laws w* the Gov'' & Councel, or General Assembly, have Recomended or directed to my Office : The Truest ingrossed Copy of the Laws w'* I know of is that which belongeth to & was used at the Board by the Proprietarie & Gover'', & as I suppose, may Conteyn all the Laws made Since, & which Copy was generally perused upon Legislation. A fuller answer I cannot well give in so short a Time, but shall en- deavour personally to returne you further satisfaction to what Ques- tions you may propose herein. THO. LLOYD, M\ of the Rolls. PiiiLADELPir. the 5' sec M"., 1689. The Gover"" asked the Keeper whether any Laws of this Contrey had been past or published under y" Great Scale : He answered The ' )riginall Chai ter (which now* remayns in his custodv.) was past under the Great Scale, but no other Lawes that he knowcs of, Except y' act of union, were, which in y* close therof is sajd to be past un- der the Great Seale, but he knows not where that is, or whether it were past under the Great Seale or not. The Governor askd the Master of the Rolls \thether the Laws were enrolled in parchm' Rolls, as by the Charter & his Comission of Mas- ter of the Rolls is required. He answerd. None but y^ first 60 Laws past at Chester had been inrolled ; That their inrollm' was before his :iine ; and he could not say that those Rolls weie anthentique Coppyes: Mid that he did not know any better Coppy of the Lavv'S than that w'^'' the Councill hath. Some Question arose whether the Laws were to be published under the Great or the Lesser Scale. The Gover' declared That by y" 1 jOtters patents from the King, they w-ei-e to be published under y'" Seale of Wm. Penn or his heirs, and that by the Proprietor's Comission to the Keeper of y' Great Seale, He was appoynted to passe them under llie Great Seale. Grilf. Jones proposed that the Inrolled Coppyes of the first 60 Lawes might be compared wUh the Coppy used at the Councill, and that the Councill's book of Laws might be sett tight lor so farre. Approved 20* 234 MINUTES OF THE thcrof: & in order thereunto, The Gover' proposed, That those Rolls should bo brought to y" Councill & compared, for that purpose. The Keeper promised The Rolls should be delivered to y*" Secretary, or whom the board should direct, & left with them for the space of a week, or such time as they should think fit, in order therunto. The Gover'' Proposed That theComittee sent yesterday to the Keeper might be desired to attend the Keeper for the Receiving the sayd Rolls. ' The Comittee went, and after a short space returned with three parchm' Rolls, conteyning the Enrollment of 69 Lawes, according to the numbring of them with figures. The Board Refered them to the Secretary, to be Examined by com- paring them with the Councill's book of Laws, and directed That if he found any variations in the numbring or Coppying of them, such variations should be Reported to y* board at next sitting. Adjourned to the 2'^ day next week, at 10 of y" clock in the fore- noone. At a Councill in the Councill Roome at Philadelphia y^ 8"' of y'^ 2^ Mo., 1689. present: JOHN BLACKWELL, Esq^ Gover\ Wm. Clark, Wm. Yardly, Wm. Stockdale, Jn" Symcock, Griff. Jones, Jn° D'Haes, Jn" Curtis, Luke Watson, Pef Alrichs, Joseph Growdon, John Bristow, Sam" Carpenter, Jn" Hill, Barth. Coppock, Wm. Markham, Secre. The Gover'' directed y" Secetary to Read the entryes of y° last Councill's proceedings. They were read. The Gover^ caused two Letters to be read, directed to him from y^ Justices & Sheriffe of y" County of Sussex, touching a Rumor of an invasion made on Maryland by 9000 Sennekers & tfrench, &c. But y'' board having received advertissem' That it was groundlcsse, It was thought filt That y" Gover' should returne thanks to y' Gent, for their care, but withall to caution them that they do not herafter presume to rayse the Contrey without more manifest cause; and directions for that purpose. The Secretary Reported his having Examined & compared the Rolls of y" first 60 Lawes with y" CouncilPs book of Laws. He found little agreem', and that y° sayd Rolls, as y" Keeper sayd last sitting of y*" Councill, were not authentique ; So that there was no depending on them. The Gover' proposed their proceedurc upon the consideration of y" fundamental! Lawes, & agreed w** were the fundamentall. Viz' : the act of Naturalization or union, y' first, 36", 37% 38°, 43% 51*^, 56'% 57'% SS*^-, 62% 64'% 67'% and 132% PROVINCIAL COUNCIL. 235 The Gover' proposed they would be Serious in y^ Consideration whether y' sayd fundamental! laws were sufficiently confirmed or Established, having not been published under y'' Seale, as by y'' King's patents was directed, and that they would come prepared to Resolve it to morrow morning, 9 of y' Clock. Ordered y' y' parchm' Rolls rec' Saturday of y° Keeper, should be Returned by y" Com'""" that brought them. Adjorned till to morrow morning, 9 of y^ clock. At a Meeting of the Provinciall Council! in the Council! Roome at Philadelphia the 9"" day of y' 2' Mo., 1689. present: JOHN BLACKWELL, Esq^ Gov^ Wm. Clark, Peter Alrichs, Barth. Coppock, Luke AV^atson, John D'Haes, Jos. Growden, Jn" Hill, Wm. Stockdale, Wm. Yardly, Griff". Jones, Jn" Symcock, Wm. Markham, Se. Jn° Curtis, Jn" Bristow, Tlie Gover"" directed y^ Secre to read the Entryes of the last day's proceedings. They were read. The Governor acquainted the board that he hoped they were come prepared for the Consideration & further debate about preparing Bills adjourned to this time; But witliall, that he thought meet to acquaint them That he had this morning received a printed paper, (called the fframe of the Governm'. of this Province, &c.,) brought unto him by the Secretary, who sayd he had it from VVm. Clark, a member of this board, and that he had it from Jos. Growdon; who being present, the Gover' desired to know of liim liow he came by it. Jos. Growdon answerd, Wm. Clark had a little book of me. The Gover' asked him againe how he came by it, & tould him, It was a high presumption in any man, especially a member of that board, to promote the publishing of any paper of such concerne with- out direction, Especialy for that it was false in so fundamental! a poynt as that was, and that unlesse he could cleare himselfe he was liable to Censure. Growdon answerd, If there were any error it was in tlie printing of it. The Gover' askd Wm. Clark whether he had Received it from Jos. Growdon. He answerd he had, & that he askd him 6'^ for it, &. tould him it cost him S'*" printing, & that heofferd liim 6 more for IS**. The Gover' asked Growdon who printed it. He answerd he did not know. Tlie Governor askd him whether he !iad ordered the printing of it. He answerd. He was not bound to accuse himselfe. Being asked when he gave it out to bo printed. He answerd He supposed tliat what was printed Was printed before yesterday, and he 236 MINUTES OF THE did not think he was bound to answer any further about it. He did not intend any hurt in what he had done in giving out some of the papers. The Gover' having askd liim if he had any thing more to say, He was silent. He then directed him to withdraw, whilest y^ Coun- cill should consider what to do in it. He sayd, He did not think fitt to withdraw. The Gover'' proposed it to y" Councill to declare their opinions whether he ought not to withdraw whilest it was debated. They being silent, The Gover' adjourned the Councill till 2 of y° Clock in the after- noone. POST MERIDIEM. The same members present, & Sam" Carpenter. The Gover' sayd He should take up the businesse of Jos. Growdon publishing the printed paper produced in the morning. For that he lookd upon it as being of a dangerous nature (in the present Condi- tion of our affayrs, and distractions the Countrey were in) to have such a paper published ; not only for that it was false, But for that the Proprietor had declared himselfe against the using of the printing presse; and Especially for that there seemed to him to be severall things therein conteyned which though they might be fit for the peo- ple of this Province to know, (and that they might do by having Resort to the Keeper's, where it was lodged,) but would be of ill conse- quence to be Known to others, and possibly might bring the Proprie- tor's title in question, &c., and therefore declared He Expected That Jos. Growdon should withdraw, whilest they gave their sense about it. Jn" Symcock declared he was not satisfyed that it was any preju- dice to y^ Contrcy, for that the Gover' 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 fitt to withdraw to be judged behinde his back. John Eckley came in the Councill Roome, and sayd he M'as come to offer himselfe to y* board to do his duty. The Gover' tould him they w^ere at present on another consideration, & desired him to with- draw till that was over. Jos. Growdon demanded That all the members of the Councill might be admitted before they proceeded any further. The Gover' 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 answerd to them, w"'' he found them unwilling to bring him to a tryall upon, and Sam" Richardson, who was Excluded for great contempt of the Proprietor's & Gover" authority : Only John Eckley, whose Elections they had voted illegall. Wherupon Wm. Yardley declared. Except we may have our members w"''' were duly & according to charter Elected, & intrusted by the people for the service of y" Contrey, admitted to sitt with us PROVINCIAL COUNCIL. 237 tor the service that is Expected by them that chose them, desired we mav be dismist rather than to sitt here. The Gover"' sayd he knew ot'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. Jn" Hill sayd : 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 Gover'' chose his owne Councill: we cannot agree. .In" D'Haes sayd: For my part I was chosen by the Contrey, and 1 sec no businesse can be done but bj quarrelling at every thing. So that we are all hindred from doing any thing: I desire we may be dismist & not required to stay longer: we can do no good. Sam" Carpenter sayd: As to that man that appeared last, (viz: Jn" Eckley,) I hope thou hast nothing against him nor his Election. If thf)u 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 doubtfuU questions. Grifi'. 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 spend our owne time & money, & the Contrey'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 Exaspe- rate & provoke one another, and beget heats & animosityes, to the hurt of the Governm'. Jn" Symcock sayd: as to the writ that went out for the Election of .Tohn Eckley, If I mistake not there were some things in it as that They should either make a new Election or stand to their first choyse ; and if so, thou mavest be satisfyed. The Gover' 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. But he thought it was otherwise. The Gover' desired the Entry of the writt might be read. Whilest that was sent for, in order to the Reading of it, Wm. Stock- dale sayd He wonderd that the Ballotting box should in some Cases be so much cryed up & at other times de-nyed, wherein our priviledges &. libertyes are much concerned. The Gover' sayd: I will answcr.for my denyall therof in such cases wherin I have not thought it necessary to use it. But (added) I see there is such a ffactionmade amongst you of this board, That I can- not answer it to trust the afFayrs of the Governm' 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 beene used in like cases before my coming at this board. 238 MINUTES OF THE The Secretary produced the Entry of the vvritt of Election of JnP Eckley, &c., w"'' was Read; which is as followeth, viz': JOHN BLACKWELL, Esq'., Govern' of the Province of Pensilva- nia & Countyes annexed, Under the Honb'^ William Penn, Lord Proprietor and Cheif Governor of the same, & his Heirs. To John Claypoole, High Sheriffe of the (bounty of Philadelphia, sendeth Greeting: — Wheras, it hath appeared to y" Provinciall Councill, by your return of Elections made the Eleventh day of the first month, commonly call- ed March, bearing date the 29'" day of the first month, 1689, That a great number of Persons having mett in Philadelphia for the Elec- tion of one person for a member of Provinciall Councill, and six for assembly, amongst which were about 50 or 60 persons of the Town- ship of Haverford & Radnor, «Ssc., who were supposed not to belong to the County of Philadelphia ; Yett they then gave their Vote by Ballott, with y" 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 Jn° Eckley as a worthy and fitt person : And whereas, Sam" Richardson, a late member of the sayd Prov" Councill, through his great misdemeanor, as well towards the Honb''' Proprietor, in contemning & denying his authority, as towards the present Govcr' under him and his Heirs, Insolently denying him to be Gover', and that the Proprietor could not make a Gover' and other wrath full and outragious words, deportem' & carriage of his, in view of the Councill sitting for mannagem' of the affayrs of the Governm', w* occationed the Vote and resolve following to be past against him on the 25"' day of the last IS"" month, viz': that the words & Carriage of the sayd Sam" Richardson were unwhorty and unbe- coming a member of y^ Councill to the Govern 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 Sam" 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 himselfe, he cared not whether ever he satt there more again : And wheras, there is a pre- sent need of the full number of members to serve for provin" Councill, as by Charter is required for preparing bills to be past into Laws, and other Weighty matters : These are therfore, by his Maj'^° authority, and in the name of the Honb'* Lord Proprietor and Cheif Governor, to will and require you to give as Speedy and timely notice as may be to the Freemen Inhabi- tants 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 fidehty,. Virtue, Wisdome, Ability and Peaceable demeanor, to serve in the sayd Prov" Councill, Viz'.: either by confirming the sayd Jn° Eckley, or choosing some other whom they shall think fitt in his stead, for the PROVINCIAL COUNCIL. 239 \erme of Three years ; and whom else they shall think fittest to serve in the stead of y^ sayd Sam" Richardson, for the remaining Space of two years of the three for which he was Choosen; and that you make due returne therof to the Gover' & Prov" Councill, for which this shall be your Warrant. Given at Philadelphia, the 2'* day of the Second month, in the 5"" year of the Reign of King James the Second of England, &c., and ninth of the Proprietor's Governm' in and over this Province, &c., anno Dom. 1689. The Gover"' Declared He was sorry It did not answer Jn" Symcock's Expectation, for he did not findc. That they were directed to confirme Jn" Eckley otherwise than in the usuall way directed by the Charter for Election by the Ballot, which had been demanded, but the disor- der of the people would not permit it. Wm. Clark sayd: He did not see that necessity of the Ballot for Jn" Eckley, but to have a free vote for his confirming, and thought he miglit be admitted for any thing that he did understand. John Bristow desired to know whether the Sheriife 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, w'*' is as fol- io weth, viz'. : To the Honb"' JOHN BLACKVVELL, Esq^, Govern^ of the Pro- vince of Pennsilvania and Countyes annexed, and Provincial! Councill, &c. •v^'^-f According to a Warrant from y" sayd HonV' Gover', to 45[^P|i^ me directed, the Ffreemen of this County mett at y^ time HoKj^lw^ and place therin Specified, and a method being proposed, "♦^^fc^^* they did declare that at that time they were not willing to vote by Ballott, and then nominating Jn° Eckley, they did by Maj' Vote confirm him to be their representative in Councill for the term of Three years ; and afterwards putting up Sam" Richard- son, they did by Maj'' 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 ffifth year of the King's Reign, & ninth of Ihc Lord Proprietor's Governm'., 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. Yardlysayd: My opinion is, That the Return of the Sherifle is that the people have confirmed 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 inember sayd. Sam" Carpenter sayd : The use of the Ballot is w^here there is 240 MINUTES OF THE doubt. Here it was apparent, & therfore I think it is as well every whitt in this case. The Gover'' savd: The former Election has been allready deter- mined 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 1 think where they are unanimous, there needs no controvercy. The Ballotting box is not used in any other place but this County. Wee 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, w'" is a balloting in his sense, & cannot be denyed by the Char- ter, where it is demanded. The Gover'' sayd I talce 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 yet see how it can be allowed that Jn" Eckley should sitt. Sam" 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. The Gover' desired him to Explayne himselfe by whom they v/ere abused. His answer was as dark as his former Expression ; and so was past over Wm. Clark sayd: a great dealeof 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 tOfjnake 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 Con- cernes. Griff. Jones sayd: I have once already, &; I doe againe desire, if wo 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 car- rying on of 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. Jn" Symcocksayd: A dismisse might be acceptable enough to most or all of us, but we are obliged to do some service for w''*' we came, and to that end we have mostly all along desired to have our members. I PROVINCIAL COUNCIL. v>41 desire that what of our time remayns we may indeavor to spend it to the purpose intended. The Gover' sayd : I am sorry we have beene renderd thus indisposed thereto by Councills from abroad. I have frequently given you the grounds of my not agreeing with you, as to the bringing in the three members you would have. I have a Conscience to be Exercised, & a duty incumbent in discharge of my trust, as well as any of you, and I conceive it lyes with more weight upon me if I suffer a misca- riage in these Councills. But I have sayd what was on my thought to say as there has been occasion ; and since it appeares to me. That 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 lock in y^ evening. At a Councill at the Governor's Lodgeing In Philadelphia, v"" 11 "' of y-^ S^ Mo., 1689. present: JOHN BLACKWELL, Esq'., Gov'. John Symcock, Wm. Stockdale, Jn" Hill, Wm. Clark, Jos. Growdon, Wm. Yardly, Sam" Carpenter, Luke Watson, Wm. Markham, Secre. Barth. Coppock, Jn" Curtis, The Gov' acquainted the Councill That yesterday, towards even- ing, two of y^ members of y" Assembly had signifyed to him That y" assembly was mett, and that they had sent them to acquaint y" (Jov' and Councill therewith, and that they had something to say to them. The Gov' proposed that y" ('oimcill would Consider whether PROVINCIAL COUNCIL. 243 Ihcy could appoint a Comittee, or do any thing as a Genall assembly until! the Councill were at least 12. The Opinion was they could not ; and it was therupon ordered. That John Bristow should be written to by y" Secretary to appearc To give his attendance in Councill by 9 of y** Clock y* IS"" instant. Likewise ordered, That y* mcmbei's of New Castle be written to, to give their attendance in Councill at y" same time. The Gov'' proposed to y" Councill, That if he thought The ffree- holders of y" County of Philadelphia were yet disposed unto a more j>caceable frame than at their last meeting, he should be glad to issue a writt for Election of two persons, as had formerl\r been done ; but none gave any advice therin. Nich. Walne & Edm'' Bennet came from y^ assembly, & sayd They were sent to acquaint y'' Gov'' & Councill That they were mett, & desired to know whether y- Gov' & Councill were mett, & were ready to heare what they had to say. The Gov"' desired them to withdraw till they could Consider what answer to give. It having being considered. They were called in, and Desired to let 'he Assembly know That they wanted one of y" number of y* Coun- I'ill to make a Gen" Assembly; But had sent & would use what in- deavors they could to have a full Councill against y'' second day of y° next week, at nine of y" Clock in y" forenoon, w"'' was agreed, niniine Contradicente, upon y" Question put. The Petition of James Walliams was read, (Stall y'' papers by him j)esented touching y" proceedings had at y'' County Court of New Castle, upon y" Seizure made by y" Sayd Walliams of sevei'all gopds Imported into this Province by Peter Godefroy & Aliens, contrary to y*" Law of England, for the better incouragem' of Navigation, &lc. And upon y^ reading & Consideration thereof by the Gov"' & Councill, It was Ordered That a Spec" C omission should be issued by the Gov'' to .3 pesons, or any two of them. For the hearing & determining that matter, both as to the Seizure, forfeiture &L qualification of y° Per- sons importing the Goods in question. That the Com''' do sitt in Philadelphia y' 21'" of this month : And That y^ Secretary give notice to y* Playntiff, Dcf, & all persons con- cerned who shall be named by either of them, that they be in readi- nesse to attend y" sayd hearing & for giving evidence therin as the Case shall require; all w'''' was agreed. Nomine Contradicente. The Gov nominated Wm. Markham, John Symcock & Wm. Clark, or any two of them: some of them desiring to be excused, the Gov'' sayd he would settle that as he should tliink fitt, when y" Comission was ri-ady. Adjourned till y= next Second day of y' Week, at ten of the Clock Id this place. 244 MINUTES OF THE At a meeting of the Councill at v' Gov" Lodging At Philadelphia yM4"' of 3" month, 1689. present: JOHN BLACKWELL, Esq^, Gov^ Jit" Symcock, Barth. Coppock, Jn" Curtis, Wm. Clark, Wm. Stockdale, Jn° Hill, Jos. Grovvdon, Wm. Yardly, Luke Watson, Jn" Bristovv, Sam" Carpenter, Wm. Markham, Secre. The Gov'' caused y^ Entryes of y' two last dayes proceedings in f^uncill to be reade. The Gov'' acquainted y*^ Councill, That y'^ Assembly having sent, desiring they might have notice of y'' Councill's meeting, they having .some things to impart to them ; and That he, y' Gov'', had some thing also to say to y° Assembly touching the Lapse or falling of the Laws, desired they might be sent unto. John Symcock & Joseph Growdon were sent for that purpose. They returned & brought word they had been with y' Assembly, and that they sayd they would be with y' Gov' & Councill within half an hower. In y' meantime, Peter Gronendik's petition was read : And It was agreed a new Comission for the peace & County Court of Kent should be issued. The Gov'' also took y" names of divers pesons recomend- ed to him by y" members of Councill to be Coroners fory^ Respective Countyes, & directed Comissions should be prepared. The Assembly came ; and after some pawse y' Gov"" spake to them according to y° tenor of y* words following, viz' : Philadelphia, 14'''' of y^S"^ month, 1689. Worthy Friends 6c Gent: — This being y° first opportunity of your appearing together in this Assembly since my arrivall, I hold it necessary in a few words to in- forme you of my errand amongst you. Having received a Comission from the Honb'° William Penn (The irue& absolute Proprietary & Cheif Gov'')fory'' Governm' of this Pro- vince & Countyes amiexed, under him & his heirs, I undertook y^ journey from Boston in New England, hither, about the later end of y' last ninth month, and upon my arrivall presented myselfe to those whom I found in authority, Giving them a view of my Comission; (who voted their acquiesceing therewith,) and being thereby Referred (for my instructions & Guidance) to their Comissions, & such instructions as y" Proprietor had formerly given them, and y*" Laws of this Pro- vince which he had past, I requested a view of them ; and thence- forth made it my study to become instructed in my duty by them, and have accordingly acted to y° best of my understanding. But, It has been my great unhapjiinesse to meet w"' unexpected opposition thcrin. Gent., I shall not appologizc for myself further than by telling you : 1. That I Sought not to Rule over you: It was from y'' meere good will & pleasure of y" Honb'" Proprietor, (my worthy friend,) and I hoped it would have ended before this time. PROVINCIAL COUNCIL. H^ 2. That Being Resolved of undertaking it for a time, I also design- ed to do it w"" all imaginable respect to him & yourselves. 3. That I have endeavord so to demean myself therin as I doubt not (when my master shall receive the acco' of what has past since my arrivall) it will be sufficiently evidenced, That I have acted ac- cording to my Comission & instructions from him. 4. That in Expectation of his arrivall, (w'''' God grant suddainly, if it be his will,) I shall wayt for my vindication against y'^ malevo- Icncye of my opposers. I suppose you have been formerly acquainted with y^ reasons & necessity of y'' Pi'oprietor's absenting himself so long from you, as till the late Revolutions in England. He hath frequently evidenced his strong desire above all things to be restored to you. What hath hinderd of late we have from divers Reports of things transacted in England, w'"" require we should wayt for their being renderd more certaine; and in the mean time strive in our prayers. That the Lord who Gov'' this universe will do it in wisdome and Good will towards all his suffering people, and ourselves in pticular. I suppose, Gent., You expected some bills should have been sent downe to you from y^ Prov" Councill, for y' Consideration before your coming up & passing them into Laws at this meeting. Divers reasons may be given why none were. I shall acquaint you with some of them. Viz': 1. The Honb'"" Proprietor (for reasons known to himself) hath given possitive directions for letting all the Laws drop or fall. Except the fundamentalls. And afterwards, for calling together the Legisla- tive authority to passe such of them, or others, as they should think fitt, for the future : (w*"'' is my full intention to do.) '2. The Honb''' Proprietor being by his patent from the Kinw, au- thorized by himself & his heirs, &c., (with consent of y^ freemen,) to make, and (under his scale) to publish necessary Laws for y"' good of the people; (w*^'' had never been done, with all requisit cir- cumstances, whilest himself was here, and without w* I much doubt \\'hether what were past, or should hereafter be past, have that due sanction or establishm' w"'' Laws require ;) and finding the Great iSeale, under which they should passe, was not to be had, (the Keeper therof refusing to allow the use of it in any cases, by my direction.) I therlbre lookd upon it as labour in vayne now to attempt it. 3. The present posture & alteration of atfayres in Engl'', The un- certainty touching y"" Condion of y*" Proprietor himself and his power ; and y^ fears of what danger might ensue, as Avell to him as to our selves, in passing & confirming laws of such a nature as would have l)een approved of in this conjuncture of affayrs, forbad it. 4. The annimosityes and dis-sentions w'"" were here amongst you l)efore I came, and have been lately Revived amongst the members of y° Prov" Councill, by y^ indeavor of some; as to their proceedings m y' service hindred their agreem' in Councill as to doing any thing, In so much as I was constrayned for Love & peace sake, upon that and y" other foregoing considerations, to disrnissc them from further attendance on y' account. 21* S46 MINUTES OF THE 5. An Expedient occur'd to me of Lesse danger to us all, Viz': That I being by my Comission as afores'', Referd for my Rule & in- struction to y' Laws then in being, Sl w''' had been (as well by the Proprietor as y' people,) approved & owned as such whilest he was amongst you here, and observing y' he had Reserved y" Confirmation Sc disannulling of what Laws should be made in his absence to him- self, so that if any were or should be proposed, they could not take effect among us as laws till his pleasure should be thorin declared, 1 came to a Resolution within myself, of observing them m y" Course of my Governm' as so many Rules & instructions given me by my Master, (as farr as I should findc or judge them not contrary to y'' Laws of Engld,) and of supplying y** deffect or want in y'' Laws by y° Laws of England, w'^'' I believe will be most gratefuU to Our Su- ])eriors in England, Especially at this time; and will be as useful! amongst ourselves; there being no other way (occurring to my under- standing) whereby you may receive y^ benefit of them. And in this purpose I remayneSteady, (Unlesse you shall otherwise advise,) untill by better information out of Engld we shall be led out of these iState-meanders. Gent., I assure you that I will (as farr as I judge I may w* a good conscience) manage myself in Governing you agreably to y' Charter from y" Proprietor, & the Rules & instructions of your Laws ; (if I may be sufterd to do;) and where they are defective, according to y" King's Letters Pattents, having a due regard to your Principles, (as 1 am instructed by my Master,) till God shall be pleased otherwise to direct dc cleare our way to us all ; whose duty it is (as becomes Christians) in all things to attend & readily comply with his will. I say I will (as farr as I judge I may with a good conscience) so manage myselfe in Governing you, &c. Then Gent. Let reason & not passion or prejudice, (through any mis informations,) influence you. I pray God direct us all therin ; That we may in this our day, know the things that make for our peace ; Least they be hidden from our eyes and wee (too late) Repent & say, we were advised but understood it not. J assure you nothing shall be wanting on my part, wherin I may justify a complyance with any thing you shall reasonably desire. .Rut I expect y'' same Liberty & exercise of my judgem' & conscience as you do. I am sure you will Expect no more from me, for I take it tor granted, this is a fundamentall Rule with every one of you. To do to others as you would they should do to you. When I fayle to walk according to this Rule, My Master will not let me be any longer y"^ Governor. Gent. I will only adde this, That as soon as we have certayne jntelligence from Engld I will advertize you ; and (if the Councill shall so advise) will call you together, in order to your being as early in bespeaking the Countenance of y^ Authority over us, to indulge us in our differences from others, as may be expedient, and will cordially )oyn with you therin, if you shall desire it. That you may have as large privileges & exemptions as shall be judged reasonable to desire. Now if these things I have sayd will not please you, I can say no PROVINCIAL COUNCIL. 247 more ; but Go on and prosper in your owne Sentiments, and if you suffer by so doing, I shall be sorry your breach fell out in the time of my Government over you. But The will of God be done, with which I end at this time. Arthur Cook, in y' name of y' Assembly, desired a coppy of y' Gov" Speach. He granted it them. Arthur Cooke made a Speech, and afterwards offerd a paper, directed to y' Gov' & Prov" Councill, sitting at Philadelphia y*" 14'^ of the 3' month, 1689, w** was Read, but nothing Resolved on about it ; it conteyniug some of the heads of things discoursed between y^ Gov' & him before. The Gov' desired a Coppy of y' sayd Arth. Cook's Speech might he given in to him in writing ; which was Promised by y sayd Arth. Cook. Arth Cook moved a Comittee of y' Councill might be appoyntedto conferre with. The Gov answerd he found no cause for it from the Charter, there being no laws to be conferrd about. But saydhimselfe would be alwayes ready with the Councill, (if he could get the Coun- cill to attend,) w"*" he declared would be as well The Gov' proposed an adjournm' of y^ Councill till to morrow morning, 9 of y" Clock. Severall of y' members desired it might be held at y" place called y^ Councill Roome. The Gov' answerd it was to strayte & close for him this hott weather. That it was not large enough to receive y*' Assembly. That iherfore, he should continue liis resolution of adjourning to y' same place. Some intemperate i?{:)eeches past from some about it, intimating as if they had a joynt ]X)wer in appoynting the place. One asked him by what authority he took it upon himselfe. He replyed by virtue of his Comission from y' Projn-ietor & the Charter & lawes, w'"' required the members of j" Councill should attend him & not he them. Another affirming the Gov' dealt not fayrly with them, &c. w"^ he reprorved, saying he was sorry he understood no better ; and adjourned accordingly to y" same place to morrow morning, the 15* of this 3'^ month, 1689. At a meeting of the Councill at the Gov" Lodging at Philadelphia, the 17"' of the> month, 1689. present: JOHN BLACKWELL, Esq'., Gov'. Luke Watson, John Hill, Wm. Stockdale, Sam" Carpenter, Jos. Growdon, Jn" Curtis, John Symcock, Wm. Clark, John Bristow, Barth. Coppock, Wm. Yardley, Wm. Markham, Secre. The Entry of the Last Councdl's proceedings were Read. The Gover' acquainted the Councill That y' end proposed for meet- ing at this time was, That if that w'*" ho had formerly mentioned to theni touching the issuing of some Declaration for y^ Continuing y" 248 MINUTES OF THE Laws formerly past by the Prop"' to be of y^ same force as now they are, & for acting accordingly in all administrations & Courts of Jus- tice, untill we should hear from England, might be allowed for an Expedient as touching y' dropping or falling of y" Laws, he should be willing, upon their advice, to concurre therin. Ar Markham declared his readinesse to give his hand to it. John Symcock sayd, while y" Laws are in power there is no neede for that. Wm. Clark. It is a Question with some, & also with myselfe, that it may not be safe for y*" Justices to act by these Lawes after the As- sembly is broke up & y' 20 dayes expired ; So that if this method should be taken, there may not be magistrates found to keep the peace of y'' Governm'. It would seeme to be a scruple to me to act after y^ 20 dayes are expired, after y'' Assembly is broken up, for if after there came an alteration of y" Governm', those psons y' finde them- selves agrieved may bring us into Question for our actions when we had noe Lawes for it, or but pretended Laws. John Symcock. The Question may be whether y* way of a Decla- raon propounded by y° Gov' can make it safe to act upon y° Laws. Governor. Such actings, though not in all poynts justifyable, yet [)eing necessary untill Laws can be duly past: (w'^'' cannot be without the Propr"'^ confirmation:) an act of indemnity & confirmation of all judiciall proceedings in Courts need not to be doubted ; Governm' be- ing necessary. Joseph Growdon. It is supposed That y^ Laws formerly made were good before y^ Gov'' had confirmed them : and we suppose the Laws are in force as they are, if we will consent to y^ adjournm' of y" Assembly; therfore, 'tis my opinion. That y^ Gov'' & Councill con- sent to y' Assemblyes adjournm'. If we go in any other way we had as good do nothing ; possibly we may never be indempnifyed. Con- cerning y* Dropping of them we should be ready to acquiesce in any thing y'' Gov'" Comends; But if he do put any thing y' we cannot con- curr in, we hope we shall be Excused. John Hill: If a bill or declaration were prepared for allowing all y ' Laws past by M'. Penn till further order, it may be as sufficient. Wm. Clark : nothing we can do till Gov"" Penn shall approve them can give life to them. Wm. Markham. I can not conceive why we are so fond of these laws. If they be not confirmed we must be governed by y*' Laws of England, w** are agreeable to y" Common law, & are but Explana- tions of that ; & what are our Laws more than declarative of that. Wm. Stockdale. The Assembly may adjourne themselves. It is my Judgm' y" Laws may thereby be preserved as they are, & that so we may act safclyer by them than if they were Lett drop & confirm- ed by a declaration. Sam" Carpenter was of y" same minde. The Gov"" sayd, Thaty° adjourning of y^ Assembly by their owne act does not seem to him to be any way countenanced, either by y' PROVINCIAL COUNCIL. 249 Charter or by his Comission or instructions, or y^ Laws of this Pro- vince. But for as much as by his Comission & instructions y^ Laws were appoynted to be his Rule of his Governm', he was satisfied to Joyne in a declaraon for the administring justice according to them, 6c their being of like force as now they are till they should heare fur- ther from England, as he had declared in his Speech to y" Assembly; and doubted not but y" Proprietor would approve therof, & that if it were an Error, he would passe an act of Indempnity, as was usuall in such imergencies; and that therfore, if they could not consent thereto, or finde some other way, he must end that debate : he judged y° continued sitting or adjourning of y" Assembly to be of dangerous president & consequence. John Bristow. My opinion is, that for as much as y'' Laws have been all along uncertaine of y" assurance & strength requisit, yet all along have been practiced & the people governd by them ; in as much as it falls out that after 20 dayes they are voyd, I think it necessary & convenient y' j^ Gov"" & Councill & assembly Joyne together to issue a declaration to y* Magistrates, that those Laws that have been made & confirmed from y* begining, & practiced, shall still continue Sc be in force till there be further order from y' Proprietor. The Gover' sayd : He has spoaken my minde, & I am ready to do it, or any thing else that I can be advised, wherin I can pursue my in- structions. Luke Watson. These Laws, after 20 dayes, are no laws, & we can give them no force, but they must of necessity fall, & we must be governd by y^ Laws of England at present. John Curtis. The Continuance of y" Assembly gives life & keeps life to them, wheras after y" rising of y" Assembly they must of ne- cessity drop, & all y* Laws & ordinances that can be made will signify nothing, but we must flye to y* Laws of England, & it will come upon us to be sure. Barth. Coppock. I cannot understand That we can act safely under any things but under y' Law ; not under any ordinance or de- claration, if they drop or fall, because they have not that publication which the Laws by y*" Charter ought to have. Jn" Hill. I do not think y^ Assembly can be adjourned, but y' we may have recourse to y" Laws of England in matters to prserve y' Peace. Jn" Bristow. This time 2 years, upon a neare like occasion, Orders were sent to y* Justices, &c., & I conceive we may do y' same now. Wm. Clark, By way of accomodation, proposed That we might agree upon some Instrum' or declaraon to impower y' Magistrates to act by y' Laws that are now in being, & that it be left to y° discretion of y' ministers of Justice where they see cause to act by y' Laws of England, & not to be tyed up wholly to the one or y*" other. The Gover' & severall of the Members declared, that would leave things at great uncertainty, so that neither the people nor y° Magis- trates would know what to do. The Petition of y^ Inhabitants on Brandiwine River or Creek, against y" damn made upon y' Creek, w'^'' hinder y°fish passing up, to 250 MINUTES OF THE y" great damage of y^ inhabitants, was read ; and upon debate, it was thought fitt a time should be sett for giving notice to them y' were con- cerned on both parts, that they should make good y° Petition & they should be heard; but y" time was not agreed. Adjourned till y" Q"* day next week, between 9 & ten of y° clock, at y*same place. At a Councili at the Gover" Lodgeing at Philadelphia y^ 20"" S'' Mo., 1689. present: JOHN BLACKWELL, Esq^, Gov'. John Bristow, Jos. Growdon, Sam" Carpenter, John Symcock, Griff". Jones, John D'Haes, Wm. Yardley, John Hill, Peter Alrichs, Barth. Coppock, Jn° Curtis, Wm. Clark.^ Wm. Stockdale, The Secretary not being present, y" Entry of y^ Last Councill's proceedings were not read. Joseph Growdon acquainted y^ Gov' That there were some mem- bers of y" Assembly attending from them. They being called in, acquainted y" Gov"" & Councili That they were sent from y" Assembly w"' y'' paper w* they had formerly pre- sented unsigned, w'^'' was now signed by y ^ Speaker. The Gov' asked them when they were sent with it. One of them ansvverd: It was signed presently after it was re- turned to them, and that they had attended to have deliverd it, but y^ Councili was not sitting. The Gov tould him That was not an answer to his Question, for he sayd he heard there was no Assembly sitting these two or three daye^* past, and if So, he knew no use could be made of it, at this board. Wherupon they presented another paper, touching John White's be- ing imprisoned, being a member of the Assembly, & took upon thcni to desire their griveances might bo Redressed, one of them saying, They were abused in that the members of Prov" Councili were not sufferd to sitt. The (Tovernor tould him, That none were hindrcd who had been dul} Returned as duly Elected, save one who was charged with very high Crimes & misdemeanors, w* renderd him uncapable, and tould him That Expression was unfitt to be used before him. Also, that they were not judges of y" Councill's proceedings or members, nor could they receive any informaons. Himselfe & the Councili together were the Sole judges. He Replyed, Then they must fliee to their old Charter, &c., for this was not according to what was promised them by y' Governor in England ; and they would maintayne their libertyes as English men, &c. PROVINCIAL COUNCIL. 251 Upon w'" y' Gover' bade them take their papers back to them who sent them, for it was not fit for him to Countenance such proceedings as would probably subvert y^ Governm' &, turne all things into Confii- sion. He was appointed to Governe them by y° Charter, & Laws made therupon, <&z, was resolved to Execute his office accordingly. Joseph Growdon, a member of y' Council!, bade them not to take y" papers back. Upon which, The Gover' took them & put them into his pocket, till he could be more certainly advertised whether the Assembly were in beino- or not, and dismist them. They being gone, Joseph Growdon, (whis- pering of Wm. Yardley, and takeing that Liberty in Councill to o-o from one to another, out of his place, for that purpose,) Wm. Yard- ley stood up in his place, & sayd : It appeares to me there was an Assembly ; and for as much as we are a people that are of meane education, sometimes our Speech appeares to be very Rude, & memory weake, & therfore, We desire to present some thino-s before thee ; and tenderd a paper folded up. The Gov"' (apprehending there might be some thing in it of like tendency to what Expressions had past in Councill since y"'comincr back of Tho. Lloyd, who he heard had, with some of y*" members of y' board, beene that forenoone very busy in consultation w"" y" remavn- ing members of y* Assembly, & had renewed the former dissentions and annimossityes amongst y^ members of y" Councill,) was not hasty to receive, nor did think fitt to open that paper at prsent, and whilest they were debating whether to read it or not, the whole desio-ne was made manifest By y* Coming in of Tho. Lloyd, John Eckley & Sam" Richardson, (without giving notice of their businesse.) The Gov'' therupon stood up and desired to know what their plea- sure was. Tho. Lloyd answcrd they came to pay y^ Gov"' their respects & to sitt in Councill, and inlargeingon y' Subject, The Gov'" tould them, He had formerly at severall times declared himself touching y' matter: that they could not be admitted to sitt there till himsclfe & y^ Councill were satisfyed and had agreed it; and ther- fore desired they would withdraw & not interrupt y* present businesse & debates by their Staying in y^ Roome, for he could not admitt u a proceeding therin whilest they were present. Tho. Lloyd persisting in his demand of sitting there, saying he had the Gover'"' Letters making him a Councellor, w"*" was as good as y" Gov"^ Comission. The Gov"" told him he had never seen any such Letter, nor did he ever think fitt to give him any attested Coppy of it. (if there were any such.j He replyed he would let him have it : and pursuing his demands of sitting, & some of y" members of y" Councill severally and tumultuously crying out I am for it: & I am for it, &:c., The Gov' declared y^ Councill to be adjourned till y' next councill day, viz': to y^ fifth day of y'^ same week, at nine oi y" Clock, at y" same place ; and Rose up out of his place to depart accordingly ; upon w* severall of y° members of y" Councill departed. But divers 252 MINUTES OF THE remayned,anda great deale of confused noyse & clamor was Expressed at & without the doore of y'' Gov"roome, where y^ Councill had sate, w** occasioned persons (passing by in the Streets) to Stand still to heare, which y" Gov' observing, desired y* sayd Tho. Lloyd would forbeare such Lowd talking, telling him he must not suffer such doings, but would take a course to Suppresse it, & shutt y" Doore. So he went away, attended w* several! of y'= members of y'' Councill, others stay- ing behinde w* y^ Governor. At a Meeting of the Councill at the Gov" Lodgeings in Philadel- phia y^ 23"' of 3^ Mo., 1689. present: JOHN BLACK WELL, Esq'., Gov'. Wm. Clark, Pet. Alrichs, Barth. Coppock, Jo. D'Haes, Griffith Jones, Wm. Yardley, John Hill, Sam" Carpenter, Wm. Markham, Secre. Luke Watson, The Gov' directed That the Entryes of the proceedings in Councill y' two Last dayes of their meeting should be read by the Secretary. They were read. The Gov' proposed. That for as much as the Assembly had discon- tinued their sitting, & were gone, they would take into Consideration the preparing & issuing of some Declaration in the name of the Gov' & Councill, as he had severall times moved during their Sitting, for continuing the Laws past by the Prop"' before his going for Eng- land, to be of the same force as now they are, untill we should heare further from thence. Wm. Clark sayd : What y*" Gov' has proposed is very necessary, for it will be of very ill consequence to Lett the Laws wholly fall, ^ liave no Laws of our owne to be governed by. Most are Strangers to other Laws ; These we are acquainted with. It would therfore be of great service, since we can not have y*" Assemblye's concur- rence, that they be passed as the Gov' proposes, by a Declaration issued m the name of y'^ Gov' & Councill. Wm. Markham. Had we not mett With such interuption as we did. We might have had a body of Laws fitted for us when we first came to- gether as a Legislative Councill for preparing them: But now we have been put into "such distractions, as our Laws must continue in the same distracted forme or not at all. But since it is the desire of y*^ People y' the Laws should so continue, though the Prop"' have di- rected the Letting of them fall for the psent, & afterwards preparing new Laws, I have requested the Gov' y' they may be continued with as strong force as may be ; and you See the Gov' is ready, & only wants y' Consent. Gov'. I have often proposed it, and will proceed in my Govcrnm' according to y' Rules of y' Charter, and all the Laws made before PROVINCIAL COUNCIL. 253 the Prop" going for England, whether you shall think fitt to passe a Declaration or not, heing by my master directed so to do ; Save only wheras one of those Laws requires that Comissions for constituting of Prov" Courts & Judges should be past under y" Great Seale, (w'*" y' Keeper will not allow,) I shall reserve a Liberty to passe such Co- missions under y' Prop°" Lesser Seale. John Hill. I agree to what y* Gov"" proposes, for acting by the Charter & Laws made, and think it is fit, since the Keeper will not per- mitt y° use of y" great Seale, that they should be past under y' Lesser Seale, for it's necessary y' Prov" Judges be appoynted for appeales, &c. Wm. Yardley. I desire time for further consideration. Though it has beene before us, We have not had y' due consideration, & we have not a full Councill. Governor. I can not helpc it that y* members will not give their attendance; they all know of this dayes meeting & y' the Councill was adjourned to this time & place. I know by too sad Experience, what's meant by desiring farther time for consideration : 'Tis nothing but time to consult without doores with those y' haveallways obstruct- ed our proceedings, as to doing any thing that's good for y' people. It has been allready debated, 6s every man been suffered to speak his minde at large, & we might have brought it to an issue at last meet- mg had we not been interupted as then we were, by y^ coming in of others, &c. Wm. Clark. We had been heard; and I desire we may not be detayned any longer. I desire y*^ thing may be put in to y^ speediest way to give satisfaction to y° people _v' sent us hither. Sam" Carpenter Proposed to Receive a paper. The Gov'' Refused it, saying, he would not admitt of any interrup- tion to this debate, till it were over ; telling him he had heard it was unduly hatch'd by y° late President & some of y' members, withy* remayning part of y^ Assembly, w"*" was a course not to be counte- nanced ; It behoved the members of y' board have been present & de- clared their mindes, & given their assistance in this weighty matter under consideration; and that he had adjourned for that occasion to this time on purpose. Wm. Markham. I am against making protests one against another. Let us have a friendly debate at y" board of what's before us for our Consideration. Wm. Vardley. I am very much for y' preservation of y* Laws : and rather than this opportunity shall passe, I am for it. Sam" Carpenter. I think y" Assembly might be had. Gov'. They have disolved themselves, w'*" tliough it were not Le- gally done in all usuall circumstances, yet they are thereby become felones de se, as to their power of present sitting, and y" Gover' declar- ed he did not see any reason to contrive their Sitting on this occasion; they were so divided amongst themselves as that a very great part of tliem had protested against their proceedings, «fc wilhdrawne as being ashamed of their doings. 22 254 ML\UTES OF THE Clark, Yardley ds Coppock. Leave the thing as it is. Wm. Markham. I did Scruple y" thing of confirming y' Laws by a declaration when first proposed, But some reasons that have since come to my minde, & specially considering we are not making nevt' Laws by. it, and for as much as we were disturbed when we were about ihat, & could not proceed, I am now of another minde. The Assem- bly could not but have sayd I or no, &;c. The Question about it being called for, was thus Stated & agreed. Viz': As many as are of opinion That a declaration be prepared agreable to y^ debates at this board, to be issued in the name of y" (iov' & Prov" Councill, for continuing y° Laws formerly past by the Proprietor, in y" same force as now they are, untill we shall receive orders out of England about y' matter; & that in y" meantime. All Officers, (Viz': Justices, Sheriffes,) &c., be required to act in their Severall Stations & Capacityes in all their proceedings & doings, ac- cording to y° Charter & those Laws, w"' this Proviso, That y" Gov"' may issue Comissions for Prov" Judges under y^Prop"" Lesser Scale, declare y"" consent by standing up in y'' severall places. Wherupon all y^ members prsent stood up, Except Sam" Carpenter. The Question being put in y" negative. The s'" Sam" Carpenter stood up allone. The Gov'' proposed a Comittee might be named lor drawing up such declaraon, Which was agreed; & That Wm. Markham, Wm. Clark & Wm. Yardley, or any two of them, should be the Comittee, & should withdraw : the Councill were Sitting till their returne. After about an bower's space, the Comittee brought in & Report- ed their draft of a Declaration, signed by all three of them. The sayd Declaration v/as three times read, debated &, spoken to: some alterations were in the debate proposed & agreed on. And upon y" Question put. Viz': As many as are of opinion That this forme of Declaraon brought in by y^ Comittee, as now it stands altered, shall be issued, according to the intent of y^ foregoing Resolve, and sent into each County, to be there published as y^ Act of the Gov'" & Councill, at there respective County Courts or meetings. Declare your assent by standing up in your places. Wherupon they all stood up Except Sam" Carpenter. The Question being put in the negative, The s'' Sam" Carpenter stood up allone. Afterwards, The Governor & all y' members of y" Councill present (Except Sam" Carpenter) signed y*" Sayd Declaration, being about two of y^ Clock afternoono, which is as fblloweth, Viz': A DECLARATION: By the Governor and Provinciall Councill of the Province of Penn- silvania and Counties thereunto annexed. Wheras, We have just cause to suspect that some persons havp indeavored to suggest and insence y* minds of the good people of tJiis Government, That the Governor and some of the members of PROVINCIAL COUNCIL. 255 Provinciall Councill have had a designe or intent to subvert and over- turn this frame of Government, and to make voyd tlie Charter of Liberties and Privileges which tlie Chief Governor and Proprietor liath been pleased to Grant unto Us and our Successors ; and that they have also designed and intended to make voyd y^ Laws of this Go- vernment, wliich have been (at so great trouble, charges and expences of the Proprietor and People) made for the preserving of the King's peace, and y* mantaining of our Properties and privileges, and so to Rule by an Arbitrary Power ; We do therefore think fit to declare, and we do hereby Declare, That We never had any such thought or intent. But were allvvays fully Resolved to Keep and preserve tlie same, as much as in Us Lyes; and should have been very ready to have joyned with the Assembly in the confirming of a Law for that purpose. And for as much as that hath been obstructed or omitted. We have thought fit to Declare, and We do hereby Declare, That all the Laws past and agreed on by the Proprietor and Chief Governor, and Free- men in Provinciall Councill and Assembly, made before the Proprie- tor's going for England, shall be, continue and Remayn in the same force as now they are, untill We shall Receive Orders out of England about or concerning that matter ; With this Proviso : That the Go- vernor may issue out Commissions for Provinciall Judges, under the Proprietor's Lesser Seal: and That in the meantime. We do hereby Require and Command all Officers of this Province and Counties an- nexed, that they, in their scvcrall Stations and places, do Act in all their proceedings and doings according to the Charter and Laws made by the Proprietor and People, as aforesaid, untill further Order. Given at Philadelphia, the three-and-twentieth of the third month, Anno Dom. 1689. JOHN BLACKWELL, Gov^ Peter Alrichs, "^ Griffith Jones, j Luke Wattson, j Barth. Coppock, j John Hill, )> v' Committee. John D'Haes, | Wm. Markham, | Will. Clark, j Will. Yardley. J Wherupon y'^ Governor acquainted the Councill he had nothing further to propose to them at pesent; and that, (although he might not dispence with their Charter-attendance, not knowing what might fall out on a suddaine,) Yet he saw no incouragem' to call them to- gether oftener than necessity required, they being grown into such iTactions as he could Expect little assistance from them: That he would therfore Governe them in all points according to the Charter At Laws, as they had declared, so farre as he might act as Governor without them,untill he should heare further from England; and if any urgent occasion required it, he would give them notice therof In the meantime adjourned them till further Order. 256 MINUTES OF THE The Gov' havingon y' 16'" day of y'' &" Mo., 1689, Rcc-'a Letter from Joshua Barkestead, date.d Talbut County in Maryland, the 8"" of Au- gust, 1689, Directed y" Secret'' forthwith to issue Orders to the respec- tive Sheriffs to Sunion all the members of v" Prov" Councill to ap- peare in Councill in Philadelphia y' 28* day of y-^ s" 6'" month, 1689, which was done accordingly. At a Councill at the Gov" Lodgeing in Philadelphia, y' 28* 6'" month, 1689. PRESENT : JOHN BLACKWELL, Escf ., Gov^ John Symcock, Barth. Coppock, John Hill, Sam" Carpenter, John Curtis, Wm. Markham, Secre. Griffith Jones, The Petition of Robert Turner, Benja. Chambers, &c. in behalfe of themselves and others, was Read, Requesting an ord' for y° Laying out a Road from Philadelphia to Bucks County, &c. Wherupon it was Ord"^ y' Rob' Rurner, Benj. Chambers, Jos. ffisher Sylas Crispin, Tho. ffliyreman, Rob' Addams, with a Survey', w'^ what Convenient Speed may be, do sett out a Cart I'oad according to Statute. The Petition of Tho. Clifford, for satisfying 5 years Service as Doore Keeper & messenger of y^ Councill was read, and Referred to a fuller Councill. Adjorned till 9 to morrow morning. At a Councill held at y' Gov" Lodgeing in Philadelphia y' 29'" 6'" Mo., 1689. JOHN BLACKWELL, Esq'. Gov'. Sam" Carpenter, John Hill, John Bristow, (yriffith Jones, Peter Alrichs, Barth. Coppock, John Curtis, John Symcock, Wm. Markham, Secre. VVm. Clark, The Petition of Tho. Clifford was againe Read. The before named members of Chester, viz': John Sypicock, John Bristow & Barth. Coppock, promised to pay 20' in part of 61b. Wm. Clark & John Hill y" like 20' for y° County of Sussex- And upon debate, Ordered y' a Letter be written to y' Gent : of y' County of Bucks as from y" Gov' & Councill, desiring them to do as all y' other Countyes liave done, in advanceing eacli County 20' on this occasion. PROVINCIAL COUNCIL. 25T Ord*' That besides y" sayd six pounds formerly directed and advan- ced as afore sayd, there be 40' more, viz': 3lb^ in all, layd on each County at their next Levyes, to be payd to y*s'' Thomas Clifford, in full satisfaction of all his claymes & demands whatsoever, to be re- turned by y' respective Sheriff's, & that it be recommended to y' re- spective Justices to order and forward the same accordingly. Agreed nemine Contradicente. Adjourned till 3 of y' Clock iny' afternoone, p' cize. POST MERIDIEM. Present the same pesons as in y" forenoon. ' The Gov' acquainted y° Councill, That y' reason of his calling them together at this time was to minde them that there had been for- merly severall Rumors of danger from y^ french & Indians, in con- junction with y' Papists, for y* Ruine of the Protestants in these parts, and of y'alarme formerly given, as if 9 thousand french & Indians were then neare approaching for y' purpose, upon w'^'' y' Justices 6:^ Sheriffs of y° two Lower Counlyes, with y' people thereof, had beta- ken themselves to amies for their defence; wherof he then gave y" Councill an account, from y" Letters he rec''out of y" s"' Countyes: as also, of a Letter he had rec'' from one Cap' Le Tort, (a french man, living up in the Countrey,) agreeing therewith ; which they did not see any reason to give heed unto : And further, to acquaint them y' he had lately rec"* a letter from M'. Joshua Barkstead, out of Mary- land, advertising there was sufficient proof that y'' Papists in IMaryland had been tampering with y^ french & Northern Indians, to assist them to cutt off y^ Protestants, or at least to reduce them to y^ See of Rome, •fee, which Letter was read in Councill: adding an account thereto of y- Crueltyes & barbarous usage of y" french Indians upon y" peo- ple of New England ; murthering about 100 persons, burning houses, & plundering y" people of their goods & Cattell, &c., and (using y° Proverb) that there was no smoak without some fyre. That these things might be Expected to come suddanily upon us, as well as our neighbours. That his office was to be their watchman, & he durst not conceale the Knowledge of these things, Without acquainting them & receiving their opinions & advices what was fitt to be done thcrin for their security, and setling the mindes of y" People, who in some places, (pticularly in New Castle,) upon the apprehension of fearc from these things, had been very much disquieted & taken themselves to armes, but were quieted by the Justices of that County residing amongst them. He also acquainted them, That divers of the inhabit- ants of New Castle had declared themselves unsatisfyed That King Wm. had not been proclaymed as in other Countyes, & that y" same had been signifyed to him by M"". John Cann, By whom y'' Gov'' savd lie had sent them word ; he had not rec'* any orders for y" doing it, nor did he know in what manner or tearmes it was to be done, having never seen any proclamation, for that purpose; and that he feared he might either Exceed or fall short of the titles ought to be given him, which would (he thought) be treason in either case ; That he Expect- ed y' first ship out of England would bring orders about it, and y' 22* 258 MINUTES OF THE upon receipt therof, he would do as he should be directed. That ha- ving called y' Councill to advise him in these cases, he had nothing else to trouble them about at this time ; but if any damage should happen to them for want of what informacord he had rec'* he knew he was responsible to y" King & state of England, (to y" hazard of his life,) if ye Province should be invaded & lost out of his Maj''"* Do- minions: & Therfore, prayed they would be very Serious & Solemne in giving him their opinions & advices what they thought of these in- formations, and what they would have him do therin,lor that he knew he could do nothing without their assistance, but sutler with them, which he feared was neare at hand, &c. Wherupon Peter Alrichs gave an historicall acco' of y'^ proceedings of y'' Mohawks in the yeare 1665, Concluding he did not think they were any great number, or that there was cause to be atfrayd of them, &c. Wm. Clark sajd : he beleivcd some thing might have beene liere- tofore intended of such a nature as was suggested, but that being frus- trated, he believed that designe is wholly dead ; neverthelesse, that he thought they were obliged to y^ Gov' for signifying these things to them. John Symcock sayd : he did not see but tliat we are as Safe, Kee- ping peaceable, as those that had made all this strive. (jlriffith Jones sayd: he saw"^ no cause of danger if we can but Keepe quiet among ourselves. John Bristow sayd : he saw no need of raysing forces, for he saw no danger; But that he looked upon it as the privilege of the people to have their members psent if there be. (so also sayd John Sym- cock.) To w''"' y" Gov' replyed he had given order to have all such as were allowed members of y* Councill to be Summoned; but if they refused to come he could not help it. He must & would be satisfyed with y' opinion & advice of such as were psent. John Hill sayd : He had spoken with very eminent knowing men, •Sf. saw no likelyhood of danger. Sam" Carpenter sayd ; he had spoken with two psons that came from Maryland, who did not believe what was talked; that he did not feare any thing from any news we had thence, and y' he was of opinion w"' John Bristow, for having all their members present. Barth. Coppock sayd : the news was new to him. Si it did not appeare to him that we are in any danger [at psent] by the Indians, or papists either : and was of the same opinion about having all their members psent. John Curtis sayd : he had heard a great while of these things. But they signify nothing but a Rumor: as for y" Indians, they are quiet, &, for his owne perticular he had no feare upon him, & that he was of the same opinion about having all their members psent. Wm. Markham sayd: he app'^ehcndod That to speak of dan- ger from y" Indians would but skare y° women &; children ; and that our Constitution will not admitt us to defend ourselves. The only way is to forheare all thoughts or seeming fears of the knowledge of it ; for that will represent us as people frighted, &c., unlesse we were PROVINCIAL COUNCIL. 259 under such a Constitution of Governm' as to take to amies, to be ready upon occasion if any thing sliould come. And as touching the businesse of proclaiming the King, it was unanimously agreed that it was not at psent advisable, unlesse we had orders for doin"- it. Wherupon y' Cover' gave them thanks for so perticularly & freely advising him, & told them he had nothing further to occasion their stay at psent, unlesse they, or any of them, had any thing to im- part from the respective Countyes fitt for psent Consideration. It being Replyed by divers that they had not, he adjourned the Councill to meet at New Castle y' tenth day of y" next month, about some per- ticulars relating to that County & the adjacent neighborhood. Memoranda. The Governor upon a necessary occasion after- wards, appoyntcd the meeting of the Councill at New Castle to be ou the 17"" of September, and accordingly went thither: And by the way, took a view of the Mill &. Mill race Erected by Cornelius Empson. (Wherof complaynt had been made by Petition from severall of the inhabitants of Chester County.) But there appearing but five of the members of the Councill, viz: John Simcock, Peter Alrich, Wm. Markham, Secretary, John Bristow, John Dehaes, nothing was done therin. On the first of October following, Samuell Gillham, master of the Ketch Crane, of Dartmouth, in the Kingdom of England, delivered to y' Gov"^ a pacquet, w"" this superscription following, viz': For his Ma""^ speciall Service. To William Penn, Esq., Proprietor of their Ma"'"* Province of Pennsilvania in America: And in his ab- sence, To the Gov' or Comander in chief of that Province, for the time being. In Pensilvania. 4. Wherin was conteyneu a Letter bearing date, Whitehall, 13° Aprill, 1689, signed Shrewsbury. Upon the Receipt &■ reading wherof, The Gov' askd the sayd Gillham If that were all he had, and observed perticularly to him, that there was no Proclamation or In- structions about proclayming their Majestyes; and ordered the same to be ])ubliquely road by the Secretary for the satisfaction of the people, who had heard there was such Orders come. The same day the Gov"" directed that sumons should be issued for all the members of the Provinciali Council to appeare at Philadelphia on the first day of Novemb' f )llowing, in ord' to the imparting the same to them. The next day the Gov'' gave the sayd Gillham a Certificate, under his hand, & the Provincial Sealc annexed, signifying That he had re- ceived the sayd Letter, & should observe the contents therof, and of his proceedings therin give acco' to their Ma"'" Principall Secretary of State by the first opportunity of Conveyance.. 260 MINUTES OF THE At a Council held at the Gov"" Lodgeings in Philadelphia the first day of the ninth month, 1689. PREST : JOHN BLACK WELL, Esq'. Governor. Samuell Carpenter, Peter Alrichs, John Bristow, (jriffith Jones, Luke Watson, Earth. Coppock, John D'Haes, John Simcock, Wm. Markham, Secr^. John Hill, The Governor caused the Entryes of the Proceedings of the last Councill to be Read, And acquainted the Councill That the most of vi^hat he judged need- ful for him to say to them at this time was to the purpose of what he spake then. To which he Referred, the same having been Read; only Added, That he had Rec*^ from ihe Principal Secretary of State, by his Ma'ti^ Comands, a letter, which he caused to be read over, w*^ is of y' tenor following, viz': Whitehall, 13 Aprill, 1689. DUPLICATE. S': — I am by his Ma'ti" Comands, to acquaint you That his Mat j. being sensible of the great & frequent injuryes his subjects dayly re- ceive from the ffrench, in apparent violation of the treatyes between the two Crowns, and particularly by the assistance that King has lately given, & continues to give his Enemys in Ireland; and by the invading his Ma'ti" Territoryes in America, and disturbing the trade of his subjects in those parts for severall years last past : His Ma'^ has therfore, directed all necessary Preparations to be made for a speedy warr with the ffrench king, which has occasioned the giving you this notice of it. That you may with all possible diligence take etTectual care for the opposing & resisting any attempt of the ffrench upon his Ma'ti*^ Province of Pensilvania ; And that all ships coming from thence, do not sayle hereafter otherwise than in ffleets : And you are also to Assure his Mali" Subjects in that Province of his Mali" Protection, by sending forthwith a considerable squadron of ships into the West Indyes, and other Succours that shall be requisite, not only securing his Mati*^ Plantations in America, but obligeing the ffrench to make Reparation for the many unjust & violent proceedings & at- tempts against his Mati** Subjects in those parts. 1 am, S'., yo' very humble servant, SHREWSBURY. Upon the Reading herof in Councill, The Gov' desired their advice, lioth as to what they thought fit to be done therupcn, and what an- swer returned to the Secretary of State about it. And that they would be very serious in it, for that the danger was not only now as formerly, suggested by private uncertaine hands, but from the Secre- tary of state, by his Wati" Comands, &;c. M'. Alrichs declared He thought it necessary some thing should be done. M^ D'Haes, Desired The Gov' would not take it ill that he sayd He would not Act either as a Magistrate in New Castle or here, untill PROVINCIAL COUNCIL. 261 he knows who is King : which he Repeated severall times, adding. It is not safe to act without proclayming the King. The Gov' told him, He believed that King William & Queen Mary, The Prince &, Princess of Orange, were King &, Queen of England, dsc. But he had not seen the Proclamation, & so knew not how to Prod ay me them, &c. M". D'Haes his opinion (that it was not safe to act without proclaym- ing the King) occasioned severall others to declare their minds about it, and that the people were earnestly sett upon the doing it themselves in some of the Countyes, &c. The Gov'' Declared He was as ready & desirous to do it as any body, if he had y" Proclamation & orders for doing it; but having not, Proposed for their satisfaction who were impatient about it, That a middle way might be considered of, Which he thought might be done by a Declaration of the Gov' & Council, owning their authority, and declaring their readinesse Solemnly to Proclayme them as soon as we should receive orders, or an authentique coppy of the Proclama- tion, which he Expected by the next vessell that should come out of England. M'. Simcock sayd : If a forme of Declaration had been sent to us to have Proclaymed them I think we must have observed it : But in as much as there is no Comand sent us by the King of England, (who so ever he be,) nor from the Secretary, to Proclayme any King here, I think we have no reason to do it. But I would submit my self to better understandings. The case is doubtful!. We are not to believe but to be certain in such matters, &c. The Gov' told them, They had Proclaymed King James without Order. John Simcock Replyed: King James was by an Act of Parliam' voted tlie heir to his brother & so he came in : Now who ever comes in to put him out. Pray let us consider How he comes in : We have an act of Parliam' for the one, but not for the other. It may be dan- gerous for us to do it without an Order. M'. Markham sayd: How the King came in We are not to dispute: There is nobody here to question How King William came to the Crowne. No man doubts but that he liath it: The Gov' himself does not question it. If so, why may it not be safe for us to yield all due obedience to him. We believe King William & Queen Mary are the King d Court saw no cause to allow any, nor was any sutficient cause alleged, Upon the Question put. Whether it should be admitted, & the matter Reheard at this board, It was carryed in the negative. A Petition was likewise exhibited to this board from Wolto Raw- son, setting fortli That he was distreyned upon by Cornelius Empson,. for Contrey Rates, m the County of New Castle, Wheras his Lands lay in the County of Chester, where he had ailwayes till then been- Rated & payd, &c. It was Ordered, That he continue to pay in the County of Ches- ter untill the Two Countyes shall have the Moors of the sayd Coun- tyes otherwise determined, And that the Justices of New Castle do order the Restoring of the distresse taken by Empson. A like petition was Exhibited from Wm. Clowd, upon like cause of distresse, And it was Ordered in his behalf as in Wolto Rawson's. The Gov' proposed That either the members of the Councill would give their constant attendance, according to the Provision made by the Law, viz : one out of each County ; or at least that they would agree & order, (and it was accordingly agreed and ordered, nemine Contradicente,) That in case the Gov' should see cause at any time or times herafter, to Sumon a Councill, the charges of conveying all ^^umon's should be borne & payd to the Secretary by an equall appor- tioning the sayd whole charge upon each County; And That the mem- bers of the Councill that should appeare, should disburse the same to the Secretary, at their meeting therupon, and should afterwards Levy the same by a County Rate, for their Re-imbursement. WheruponjTheGov'dismist the Councill from their further attends ance for the present, and untill new Sumons. 23* 270 MINUTES OF THE December y' 13, 1689. V'pon a pacquits arrivall this Day ffrom y" Proprietary, Directeil to y° Govei-', he ordered a Councill should be Summonsed to meet in Philadelphia y° 3 1 Ins*. At a Councill held in y' Councill Roome at Philadelphia y° 31 of y« 11* Mo., 1689. PRESENT : JO" BLACKWELL, Esq'., Gover\ Jn°. Symcock, John Bristow, Jo" Hill, GrifF. Jones, Wm. Stockdale, Wm. Markham, Sec'^. Sam" Carpenter, The Gover' Supposeing more members of Councill would be in iowne to morrow, the weather being bad might hinder their traveling, Adjorned till then, two in y' afternoon. At a Councill held in y" Councill Roome at Philadelphia v" ffir^t of y"= Eleventh month, 1689-90. present: JO- BLACKWELL, Esq^, Gover\ Tho. Llojd, Bart. Coppock, Griff. Jones, Jn" Eckly, Jo" Symcock, Sam" Carpenter. Sam" Richardson, Wm. Clark, Jn°. Hill, Wm. Stockdale, Jo" Bristow, Wm. Markham. After y'^ Gover' had Apologized for haveing his Speach in writuig, •and had read y^ same, w"*" tfollows verbatim, viz: (Jent. I had not Called you together at this unseasonable time of y" ) car, had not the Extraordinary occasion which I shall acquaint you with all, Required it, w*^"" is indeed Such wherein as well my owne in- tercs, peace and Comfort, as your Contentment, are' Concerned. I shall not Spend more time in Digressing or witholding the mutuall Satisfaction this meeting will afford vs. Then I Judg necessary, (as introductive to y' Communicating of what I have vpon me to Say vnto yov.) My manner of Entrance and being received amongst you in this place is Knowne to Divers of you, and by what authority and Com- mission t was Constituted Gover' of this Province, &c., vnder y° Al)- iiolute Proprietary &; his heirs. I Tould you fformerly, (at wh;if time I legan to be Sensible of some of your ill resentments of me,) that I sought not to bo your Govcr' : But it arose ffrome y° mere good will and Pleasure of y° Proprietor to propose and require that Service of me, by his Comission sent me to new England, (with In- structions bearing date y" 12" day of y' 5" Mo., Called July, 1688,) which I have heard some of you have sayd 'twas but probationary. •This should be the tenth month. PROVINCIAL COUNCIL. 271 As I never looked vpon it as an Inheritance, so I am Sure I Came oa no other terms of my makeing or accepting then to doe you service at his Request, \v* I have Diligently and ffaithfuliy (according to y*" best of my vnderstanding,) indeavored to manifest, my Conscience not vpbrayding me, w'*' I shall willingly doe in any Capacity rather then this Highest. I Came (indeed) with full purpose of Returning before y* advance of y" Last Summer's Season, but such has been y^ state of Publick affayres as Inginuity would not permitt me to leave y^ trust Commit- ted to me whilst my master was vnder anyEvill Circumstances, (by y" Late revolutions,) without his ttree Concent and Directions about your future Settlement, w"*" I have now Received. How vneasy my Continuance has been to some of you has been Represented to me by their writing; How burthcnsome to my selfe, my Spiritt has frequently dictated ; my tougne has (perhaps) over Concernedly Expressed to others of your selves, and my Severall Letters of Complaint of y^ Insupportableness of it, and my repeated Requesting of y' Hob'° Proprietor to be Released therefrom are Wit- nesses; So I have testimon}es not only within myselfe, but in some- of your brests, also in y^ Proprietor's hands, and some of my near rela- tions implojed therein, to whome I perticularized y" promoting grounds and Reasons thereof, w'^'' will sufficiently evince y" Sincerity of my Heart in dcsireing to be acquited therefrom, and which I hope I shall Confirme to you Ere I have done. The Proprietor has been pleased very kindly to Resent w' I have written of _>' nature, (as his Letters to me of Severall dates, but Com- ing alltogether in one paquit by this Last Conveyance, doe Satisfie me,) ffor w'"" I shall returne him my Sutable thanks. But withall, he has given me a touch of Some representations that have Come to him hence concerning me, and what a Spiritt has been raysed in ffi-inds to his Disquietm' there vpon y' acco' vnder his present afflictive circum- stances, w'^ I am very Sory ffor, but shall not Trouble you with y* Particulars, or my Sence of y* Procuring Cause thereoff at present. 'Tis enough ffor me to hint those things to you, who must needs know of Them, at least Some of you, so I shall not in y° Least Dis- turb y^ !:°"erenity of my owae minde, or Discompose you (firom a joy full reception of y" message I have to Deliver you) by any remarks therevpon, or give you ffurthcr occasion of Representing me a griev- ance to him in any sort. 'Tis a good day. I have given & I doe unfeignedly give God thanks for it, (w"*" are not vayne words,) for to Say no worse I was very vnequally Yoaked: and it being y' Day of my Redemption from that Groaning, (I say,) I shall not grieve any of you. Neither Shall I De- teyne you longer in this porch. Gent., I have Severall things to Communicate to you, by Command of y' Proprietor, whereof these at present, viz': ffirst, the Declaration of his selves to you and y'' people in Gener*", with his ffervent resolutions to be with you by God's hand and help, by y' very ffirst Door / his Providence opens, and his Sincere prayers 272 MINUTES OF THE to God for all your prosperity, wishing peace and happyness to abound among you every way. Nextly, that y' Consideration of my repeated desires to leave a Station y' is So vneasie to Keep and Execute, has at Last brought him to resolve, tlio' with reluctancy, (as he is pleased to his Express himselfe,) to answer my Request, and Ease me of that burthen. But upon y' terms of takeing me to himselfe, &;c., wherein he has made very kinde proposalls to me, and Sent me over Severall Commissions dc Instructions, w""*", when I Judg Seasonable to Ingage in, I shall Communicate vnto you. And lastly, to lett you knowthat I quit y' place of Gover'' as a man that sought to be discharged from it. In pvrsuance whereof, this being y* place where, (after some debate amongst your selves,) you Declared your acquiesceing w"" my Go- vernm', I doe here with all heartiness, declare my Rejoycing in y' Op- portunity and leave I have of Resigning and Surrendering it vp. And I doe accordingly very fFreely and ffuUy resigne and Surrender all y" powers and authorityes in my Commission and Instructions ffrom y' Honb'° Proprietor, given me as Gover', into your hands and accept- ance, viz: to y* Provinciall Councill. And ffor y' you are ffallen into times of difficulties and Danger, (perhaps greater than some of you are aware of,) 1 Doe and Shall pray y' Lord y' God of all wisdome, that he would gratiously En- lighten your minds, and over rule your debates and Counsels, in and vnto Such wayes of truth, wisdome, quietness and agreement with his will, and one with another, as may Conduce with his glory, the Hon' of Their Maj'' our Most Gracious King &c Queen, the Security of Their Province and territoryes, the Interest and Rejoyceing of tho Proprietor's heart and worthy flamily, and y*" Generall good, happi- ness and prosperity of y" people of all perswasions now Committed to your Charge ; and that he will alsoe Indow you w"" Courage and re- solution proportionable to y' Trust and Station you are Sett in ; that Impartiall Justice may run with a mighty Streame ffrom your admin- istrations amongst them, to y° terrour of Evil doers, and prayse of all others. Gent.,Ibegg your pardon of my Ignorances & weaknesses; (I call my doings so, for y' I bless God I am not vnder any Conviction of haveing wickedly Departed ffrom y' Rule of my Duty therein;) I mean your Charter and Laws, so ffarr as they have ffoundation in y° King's Patent, and are not contrar}' to y' Laws of England. I begg also yo' acceptance of my vnfeigned thanks ffor what Respects you have shewed me in y° advices and assistances you have Supplyed vnto me, &3 I doe also fforgive y' Disrespects & neglects of any persons in this Government; and Lastly, I assure you that though I have not been ac- ceptable to you as yo' Gover', ffrom y* very ffirst day you saw me, (wherof I was Early made Sensible,) I will indeavour to improve these faylorstotheapproveing mjselfea Pattern and instance of personate humble deference, Submission and Obedience to those who Succeed me in y' Governm' whilst I Remaine amongst you, which y' vnfitness of y* Season & Danger of my age and Constitution, totravell so long ajorney PROVINCIAL COUNCIL. 273 as to y° place whence I Came, will probably Constrayn me vnto Some months. Gent : I now both voluntarily and fTreel}' quit this Seat, to be ffild vp as by these two Commissions: (which I here deliver to you firom j" Proprietor:) In order to your Consideration whereof I think it my Duty to give you his owne words Concerning them, which are these, viz: [I have Sent two Commissions about Settling y" Governm' there in a condition that may please y° Gcnerallity. Let them be y° Choosers, Either of Them shall satisfie me.] By which you See how much his heart is Sett vpon your agreeing one with an other, not offering vio- lence by Imposeing vpon y" Lesser number. He proposes that y* Gcnerallity be y" Choosers, not y" bare majorrity, and give me leave to tell you ffrom my owne Experience, 'twere yet better if you Could gaine y^ universality ffor what you shall pitch upon as things now stand, for 'tis Harmony must be your strength and Continuance, and a Small Complaint added to this Change of y^ Hands, will argue you to have Little regard to y^ Proprietor's present ill circumstances, and shake your whole ffoundation. Here is also a Letter directed to you, w'^'' I Received in my Paquet iTrom y' Proprietor, and when I vnderstand you have so made your Election, and Settled y^ Deputation according to these Commissions, I shall ffurther address to you in what I shall conceive propper ffor your respective Cognizance relating to y" Proprietor's Service, agreea- ble to what ffurther Instructions I have ffrom him. And if I may be any way Serviceable to him or you whilst I remaine in these parts, be pleased to honor me w"" your Commands. In y° meantime I take my leave of you, and pray y^ Lord be w"" you. The Gover' Then with drew, and then was Read by y° Secretary two Commissions ffroni William Penn, absolute Proprietary of y' Province of Pennsilvania & County s annexed, to y^ Provinciall Coun- cill, w'^'' are as ffolloweth verbatim, viz : WILLIAM PENN, Absolute Proprietary of The Pro- vince of Pennsilvania & Countys annexed. To his Trusty ^if?5 beloved ffriends. The Provinciall Councill ffor y^ Province "J^j^^' of Pennsylvania, &c.. Greeting: Since the Providence of God hath disappoynted my reall In lentions and Ernest Inclinations of Coming to you for some time longer, and to y° End y° Inhabitants thereof may be assured I have and Seek noe other Interest then what is agreeable with theirs, I doe Consent that you please yourselves, & therefore doe hereby Impower you to Chuse Three persons within y*" said Province or Countys an- nexed, to present to me by y° very ffirst opportunity, out ofw"'' I Shall Chuse one ffor my Deputy or Lieftenant Gover'; and till my mind therein is Knowne, I Doe hereby order that he that has y" most votes, or is ffirst Chosen by you, shall ffrom y" time of yo' Choice Act as my Deputy or Lieftenant Governor, over y^ said Province & Ter- ritorys, according to y^ Power and Limitation of fformer Commissions, you takeing Care to Support himin y' Capacity, Revoking all fformer 274 MINUTES OF THE Commissions to any Else granted, and Requiring all persons concern- ed to give him that Respect due to his high station. Given at London, y' 25* day of v' 7'" Mo., 1689. WM. PENN. ,^J^^^ WILLIAM PENN, absolute Proprietary of The Pro- ^mC'Ih^ vince of Pennsilvania and Counties annexed, To his Trusty ^ES^Jw£ and Beloved ffriends, the Provinciall Councill ffor y' Pro- '^^^ vince of Pennsilvania, &c., Greeting. Since y° Providence of God hath disappoynted my reall inten- tions and Earnest inclinations of Coming to you for some time longer, and to the End y" Inhabitants thereof may be assured I have and Seek no other Interest then what is agreable to theirs, I have thought ffitt to appoynt you my Deputy and Lieftenant in Govern- ment, and do accordingly hereby Constitute you my Deputy, to act and doe in all things, in my name and Stead, according to y' power and Limitation of fformer Commissions. I Doe also Impower you to Elect y" President ffrom time to time, as you se Cause,, so as he and you Exactly answer y° Charter and Laws of y' Country, Requir- ing all persons Concerned to give you y^ Respect due to your high station, w""" Commission shall Continue so long as I shall See Conve- nient. Given at London, this 25'" of y= 7* month, 1689. WM. PENN. Then was Read a Lett' ffrom y*"' Proprietary, bearing date y*^ 12"' of y'6'" Mo., 1689, w'^'' follows verbatim: ffriends, I heartily wish you all well, and beseech God to guide you in y' ways of Righteousness and peace. I have thought fhtt vpon my ffurther Stopp in these parts, to throw all into your hands, that you may all See the Confidence I have in you, and the desire I have to give you all possible Contentment. I Doe Earnestly press your Con- stant attendance vpon y*" Governm', and y' Diligent persuit of peace & Vertue, and God almighty Strengthen your hands in so good a work. I also Recommend to you the perticular Discipine of That Towneyou meet in, that sobriety & Gravitic be maintained, and Authority Kept in Respect. As it Coms in your way, Countenance my Officers in Collecting my Small Revenue. Lett y'' Laws you pass hold so long only as I shall' not Declare my Dissent, that so my Share may not be Excluded, or I ffinally Conclud- ed, without my notice : in ffine, Ictt them be Confirmable by me, as you will See by y* Commission I Left when I Left the Province. And if you Desire a Dep'>' Gover' rather, name Three, or ffive, and I shall name one of Them, so as you Consider of a Comfortable sub- stance, that y' Governm' may not go a begging. I do not this to be a binding president; but to give you and y' people you represent the fullest pledges I an able at this Distance, of my regard to them. What Ever you do, I desire, beseech & Charge you all to avoyd ffactions and parties. Whisperings & reportings, and all animosities, that put- ting yo' Common Shoulder to y" Publick work, you may have The PROVINCIAL COUNCIL. 275 Reward of Good men & Patriots, and so Ibid you heartily ffairewell. Given at London, This 12'" of y' 6"" Mo., 1689- W. PENN. W. P. P. G. To my Trusty and well beloved ffriends, y° Provincial! Councill at Philadelphia, in Pennsilvania. By Ed. BLACKFA^^ The members of Councill present being unwilling to Enter Imme- diately vpon debate w''*' of The two foregoing Commissions is most requisite should be put in Execution, did vnanimously agree at this lime to Depart, and to meet againe to morrow, at nine in y" ffore- noon. At a Meeting of y' Members of Councill in y" Councill Roome, y" 2-* 11 Mo., 1689-90. present: Tho. Lloj'd, Barth. Coppock, Wm. Stockdale, Jo° Symcock, Jo" Bristow, Sam. Carpenter, Jo" Eckly, Grif. Jones, Jo" Hill, Sam. Richards, Wm. Clark, Wm. Markham, Se. It was Debated w* of y^ Two Commissions that was Read jester* day should be put in Execution, and Resolved vnanimously, that y" Commission w'^" Impowred y" Councill to be Deputy Gover"' or Leive- tenant, to be accepted: accordingly, y" Councill Elected Thomas Lloyd President. It was put to y'' vote whether the other Commission should be Canciled or not: Carried in y" affirmative, N. C. D., and was ac- cordingly Canciled at y"^ board. Then was Read this ffollowing Clause in a Letter from the Proprie- tary to his Commissioners of The same, viz: Whereas, there is 6001b. due to me, w'^" has been neglected or re- fused to be paid, if y*" Province will build me an house in the City ffor my reception, vpon my Lott, Leaveing me to make additions hereaf- ter, if there be occasion, I hope to be there as soon as that is ffinished. I have sent Capt. Wm. Markham my model Or stock, y*" Three Planta- tions of my Three Children, w'" Each two Flundred pounds, w''" Comes to y" sum, I shall take it well, and this may be sooner and safer done y" returning me y' sum, tho' here it would have done me most good. The Petion of Thomas ffairman was Read, settinn; forth his creivance ftrom y' County Court of Philadelphia, in y^ Case between him & Mary Jeffs, wherevpon it was ordered y' y'' County Record be brought to y° Councill, to Exammine y" proceedings in that Case. Adjorned to Nath" Ibel's house, y" season being very Cold. The Secretary was Ord"'' to acquaint Jo" Blackwell, Esq'., y^Late Gover', in writeing, of the Board's Readiness to Receive any thing 276 MINUTES OF THE ffrom him Communicative to tliem, and to wayt vpon him with it himselfe, w'*" was accordingly done, and it is as ffolloweth, viz: Sir: The Councill has this morning vnanimously accepted of y* Commission Impowring y' Provincial! Councill to be Dep''' Gover' or Leiu', and have accordingly made Choyce of Thomas Lloyd to be president, and vnder that flbrme, y*" Provinciall Councill is Ready to Receive what you have to Communicate to them. I am, S', your Humble serv', WM. MARKHAM. Wherevpon y* Said Blackwell, late Gover', attended w"" y' Secre- tary, Came to y' Councill, and after Congratulation, presented them with Instructions ftrom y^ Proprietary, and an abstract of Severall In- structions ffrom y' Proprietary to himselfe in private Letters; both w"^ are here at large sett downe, verbatim : Instructions ffor L' Governo"' Blackwell, or whomc else it may Con- cerne. First: that things be transacted in my Name, viz: Absolute Pro- prietary of Pennsilvania, "^(provided it agrees with our Charter and Laws, as I think it dos,) &c. 2. That all Commissions Signed by me and sealed here with y* Les- ser Seal, be taken ffor Sufficient warr" & Directions ffor passing them vnder y' broad seal, without any other Instrument of Authority. 3. Thirdly: to Collect y' Laws that are in Being, and send them over to me in a stitcht book, by y" very ffirst opportunity, which I have so often, and so much in vaine, desired. 4. To be CarefuU that Speedy, as well as through and Impartiall Justice, be done ; Virtue in all Cherished, & vice in all punisht. 5. That ffines be in proportion both of y" ffault and ability of y' party, y* so they may be paid. 6. That ffewds between perswasions or Nations, or Counties, be Suppressed & Extinguished, if any be, & if none, that by a good Con- duct they may be prevented. 7. That y' Widdows, Orphans, and Absent, may be perticularly Regarded in their Right, ffor their Cry will be Loudest in all Eares ; but by Absent I mean Such as are so by Necessity. 8. To Countenance y' Comm" of Propriety, where land is vnseated, or people are vnruly in their settlements, or Comply not w"' reasona- ble Obligations about bounds, banks Timber, &c. ffor tho' wee Came to a wilderness, it was not that wee should Continue it so. 9. That y' Sheriffs of y" Respective Counties be Charged w"" The Receipt of my rents, ffines, &c., as they doe in England, & give Se- curity to y" Receiver Generall ffor y'' same. 10. To have a Speciall Care that Sheriffs & Clarks of y*" peace Impose not vpon y" people, and that y' magistrates live peaceably & soberly, ffor I would not Endure one loose or litigious person in Au- thority ; Lett them be men haveing some ffear of God, and hateing covetcousness, whatever be their persuasions : to Employ others is to prophane an Ordinance of God. 11. That Care be taken ofy' Roads and Highways iny' Country* PROVINCIAL COUNCIL. 277 that they may be streight & Commodious ffor Travellers ; ffor I vn- derstand they are turned about by y^ planters, w^"* is a mischief y' must not be endured. 12. Rule y' meek meekly, and those that will not so be Ruled rule w"" Authority ; And God Almighty prosper all honest and pi'udent En- deavours. Lastly : Consider by what means or methods y^ Good and pros- perity of y' Plantation rriay be pa-omoted, and what Laws in being are vnnecessary or Defective, and what are wanting, and in Each par- ticular hereoff, Lett me have advice as Distinctly and as speedily as may be. Given at London, y' 25"' day of y' 7"* Mo., 1689, was signed WiM. PENN. An Abstract of Severall Instructions Recomended to me by y^ Pro- prietor, Directed with Relation to y' Governm' whilst I was Gover', Lt. Govei*"^ & Deputy Gover'' of this Province of Pennsilvania. [In his Lett' 11 2 m., 1689.] There is a Cause of y'"widdow Jeffs, in which I have been prest: I Doe desire y' shee may have justice Showne her, and as much mercy & Kindness as can be with justice to those Concerned with her. Also that y' Concerns of Henry Patrick may not be lost, Rich*^ Noble was Intrusted. [in his Lett. 11 6 mo. 1689.] Countenance y° Interest of Widdow Whitpaine and her husband's Creditors, all that is possible in justice; the Hono' of y° Province is Concerned in it. [in his Lett. 25 7 mo., 1689.] I must Recommend to y" Governm' y' Can^ of y' widdo Jeffs & Whitpaine, in which, believe me, y" Honour of y" Province is Deeply (Concerned, Especially}''' Latter, because of her husband's Creditors, whose Expectations are much ffor you there. Sam" Hersent left a Child there that was at my Charge, but I think ought to be mantayned by y" Community. It is y" Grandmother's desire he should be sent over by the ffirst Opportunity y' is safe, as if There Come a fleet with a Convoy ffrom Virginia or New York. I would be as Little Rigorous as possible; And doe desire thee, by all y" Obligation I and my present Circumstances can have vpon thee, to Desist y'^ prosecution of T. L. I intirely i^now y" person Loth iii his Weakness and Accomplishment, and would thee End y" Dispute between you two, vpon my Single Request & Command, and that iibrmer inconveniences be Rather mended then punished. P. S. Salute me to y'' people in Gene": pray send for J. Simcock, A. Cock, Jn" Eckle& Sam" Carpenter, and Lett them Dispose T. L. & Sa. Richardson to that Complying temper that may tend to that loeving & serious accord y' becomes such a Governm': vale. Ex', p. me, JOHN BLACKWELL. 2' 11,1689. 24 278 MINUTES OF THE Ordered y' y' Secretary Deliver to y' Keeper vpon his Demand, y'' Commission this day accepted off by P" Councill, Impowring them to be Deputy Gover' or Leiu', in order to y" Keeper's passing it vnder y*^ broad seale. The Secretary Read a paragraph of a Letter firom y' Proprietary to him, bearing date y' 13 2'' Mo., 1689, viz: Pray represent to y^ Deputy Gover' & Provincial! Councill, the In- vasion and oppression of those that Except against any man being Chosen a member of Councill or Assembly that is in my service, though it appear y'they are otherwise good and Honest men: is there not y^ same Reason to refuse them their votes that Choose their Landlords, Customers, masters or Relations, ffbr y" Reason is rather Stronger: is my Interest already rendered so opposite to y" Country's, and I and those Imployed by me, become such ill men y' it is Impossi- ble they Can serve y' Country and me together? I Could say much against y° Impolicy & Impiety of Such Suggestions; only make a stand & protest against all Such things. The Records of y^ County Court of Philadelphia being brought to this board, and y* Case between Mary Jeffs and Thomas ffairman being thorowly Exammined by y^ Prov" Councill, Did Resolve and Order : That j" Appeale obteincd (vpon a judgm' by Thomas ffairman, at a County Court or Quarter Sessions held the ffirst day of y* fhrst month, 1688-9,) Doc Continue till it be Determined by y^ next Provin" Court; and that what goods so ever have been taken in Execution vpon the aforesaid Judgment, or any subsequent Order of y"" said Court since in y' behalfe, y' y" sheriff, or such officers who have been Im- ployed vnder him, be required fibrthwith to make Restitution of y' same, as They shall Answer y* Contrary at their perrill. Adjorncd ffor an Hour. POST MERIDIEM. Present as before. The Petition of Kathe. Thomas was Read, Requesting Lycen. to Keep an Ordinary; w'''' was granted, provided shee procure Sufficient Cirtificate of her good behaviour. Ordered that a Blank (Jommission be Drawne ffor Prov" Judges. Ordered that Commissions of y'' Peace be made for all y" Counties, and these persons ffoUowingto be Inserted, (viz:) PHILAD. CO. Tho. Lloyd, Wm. Sahvaj, Law. Cock, Jo" Eokly, P>ar. Wilcox, Jo" Holme. R' Turner, ffra. Rawlcs, BUCKS CO. Arth. Cook, Tho. Janney, Jo" Brock, Jos. Growdon, Wm. Byles, Hen. Baker. Wm. Yardlv, Nich. Newlin, PROVINCIAL COUNCIL. 279 Jo" Bristow, Jo" Beaven, Jo" Blunston, Pet. Alrichs, Jo" Cann, ► Wm. Stockdale, Ed. Blake, Wm. Clark, Jo° Brinkloe, Geo. Martin, Jo" Curtis, Wm. Clark, Tho. Wynn, Luke Watson, Adjorned till Tenn CHESTER CO. Nich. Newlin, ffran. Harrison, Sam" Levis, Jam. Sandcrling;, Wm. Howell, ^ Jos. ffearne. NEW CASTLE CO. Cor. Empson, Ch. Ramsey, Joha. D'Haes, R' Ashton, Pet. Banton, Jo" Ilayly. KENT CO. Dan. Jones, Jo" Walker, Mark. Manloe, Wm. Lawrence, SUSSEX CO. Jo" Hill, Tho. Price, Sam. Preston, To-morrow morning;. Wm. ffreeland, Jam. Brookes, Wm. Manlow. R' Clifton, Sam" Gray. At a meeting of y' Councill in Philadelphia the 3'^ 11 Mo., 1689-90. present: THOMAS LLOYD, Presid'. Jo" Eckly, Barth. Coppock, Jo" Hill, W^m. Markham, Jo" Bristow. Sam. Carpenter, Wm. Clark, Sam. Richardson, Griff. Jones, Wm. Stockdale, Jo" Symcock, The Petition of Wm. Hill, who with his wife were prisoners in y" County of Kent, with severall other papers Relateing to their Cause, were Read, Complayning against the seveare vsage of that Court ; and with all a Coppy of y° proceedings of y^ Court against them, was Read. All w*^*" being thorowly Exammined and Debated, it was Resolved & Ordered, That a warr' be made and sent Downe fore their Speedy Release. Adjorned till 9 to morrow forenoon. At a Meeting of y^ Councill in Philadelphia The4"' 1 l"'Mo., 16S9-90. present: THO. LLOYD, P. Jo" Symcock, Jo" Hill, Wm. Clark, Sam. Richardson, Griif. Jones, Wm. Markham, Sec"^. Jo" Bristow, 280 MINUTES OF THE Vppon Debate whether y' Keeper of y" Broad Sealc miglit sitt Ex- officio ill any County Court within this Governm' as a member therc- o(r, They were vnanimously in y" Opinion he might. Ordered that a Publick Instrument be drawne according to y'' Pro- prietary's Instructions, to Suppress all sort of vice. Ordered that Commissions be Drawne ffor y" Sheriffs to Continue their Ollices vntill y^ Riseing of y" next provinciall Legislative Coun- cill, or till ffurthcr order. Jo"Claypoole Except'. Adjourned till y° 6"' Ins'. 2 in y^ afternoon. At a meeting of y" Councill in y* Councill Roome at Philadelphia yev'^ofye 11 Mo.,'l689-90. tresext: THOMAS LLOYD, F. Jo" Symcock, Wm. Clark, Jo° Hill, Jo" Eckly, Jo" Bristow, Wm. Markham, Sec". Sam Richardson, Sam. Carpenter, After y" Commissions and orders that were ordered to be were sign- ed by y^ President, and a Lyconce granted iTor Jere Scott to keep an ordinary in Sussex County, The Councill adjorned till fflirther Or- der, to be Called againe by y" presid', or in his absence by any tfour members of this Place. At a meeting of y" Legislative Councill The Thirty-ffirst day of y*" ffirst month, in the Councill Roome at Philadelphia, 1690. PRESENT : THOMAS LLOYD, Presid'. John Symcock, Jo" Curtis, Grif. Jone, Wm. Clark, Luke Watson, Bar. Coppock, Sam Richardson, Wm. Yardly, Wm. Markham, Sec"'. Wm. Stockdale, The Returne of y' County of Bucks was Read, wherein was Re- turned Arth. Cook to serve in Provinciall Councill flbr three years; Jos. Growdon, Henry Poynter, Rich'' Hough, Henry Baker, Edm'' Bonnet, Jo" Cook, to Serve in Assembly ffbr y" Ensuing year. Arther Cook Signed y" vsuall obligation and took his place at y" Board. The Returne of y° County of Philadelphia was Read, wherein was Returned Griff'. Owen to serve for Three years in Provinciall Coun- cill; (tThonxasDuckett to serve in Provinciall Councill ffbr y' Remaining PROVINCIAL COUNCIL. 281 time that John Eckly Deceased, was to have served : and ffor Assem- bly, Wm. Salway, Humph. Murry, Thomas ffitzwater, Charles Pick- erin, Paul Sanders, Abraham Opdegrave. Griff. Owen & Tho. Duckett Signed y' vsuall obligation & took their places at y° board. The Returne of Kent County was Read, wherein was Returned .fo" Brinkloe to serve in Prov" Councill for Three Years ; and John Barnes, Jo. Betts, Dan" Browne, Ezech. Needham, Rich* Curtis, & Wm. ffreeland, to serve in Assembly ffor y" Ensuing Year.' Jo° Brinkloe signed y^ vsuall Obligation and took his place at y" board. The ffollowing Declaration was ordered to be Incerted, in order to the Provinciall Councill's Members signing it the same. Wee Doe hereby ffreely acknowledg Allegiance to y° King& Queen, and Declare & Promise ffidelity and Lawful! Obedience to Wm. Penn, Sonn and Heir of S'' Wm. Penn Deceased', and his heirs and Assigns, as RightfuU Proprietary and Governourof y' Same, according to the King's Letter Pattents and Deeds of Grant and ffeofment ffrom James, Duke of York and Albany, &c., and that Wee will never Act or Doe by word or Deed, Directly nor Indirectly, any thing, nor Consent to nor Conceale any person or thing whatsoever, to the Breach of This Solemn Engagement : In Wittness of which. Wee have herevnto sett Our hands. Dated In Councill At Philadelphia, the Thirty-ffirst day of y'ffirstMo. 1690. THO. LLOYD, p^siden*. John Symcock, J. d'haes, Samuell Richardson, John Blumston, John Curtis, Wm. Clark, Griffith Jones, Arthur Cooke, Griffith Owen, Thomas Duckett, John Brinkloe, Bartholomew Coppock, WiU.Yardley, Tho. Clifton, Wm. Stockdale, Jn° Cann, Luke Wattson, Wm. Markham, Sec'^. The Proprietary's Commission to y* Prov" Councill, Constituting them Dep''' Cover'', was Read at the board. Thomas Lloyd was vnanimously Continued Presid', and to hold the same during this Legislative Councill, and vntill they shall see occa- sion to alter. The orders to be observed by y' Councillors in Councill was Read ' Adjwned till 4 in y" afternoon. IN Y' AFTERNOON. PRESENT : THO. LLOYD, P. John Symcock, Wm. Stockdale, Barth. Coppock, Wm. Clark, Jo" Curtis, Johancs D'Haes, Sam" Richardson, Luke Watson, Wm. Markham, Sec''^. Wm. Yardly, Griff. Jones, 24* 282 MINUTES OF THE The Returnc of y" County of Sussex was Read, wherein was Keturncd Thomas Clifton to serve in Provincial! Councill ffor Three years ; And John Hill, Rob' Clifton, Sam" Gray, Henry Smith, Babtist New-Come, and Thorn. Branscome, to serve in Assembly ffbr y' Ensuing year. Presid'. Lloyd informing y' board that he had Received a letter ffrom a very Credible person, a justice of y' peace in Sussex County, w''' gave an acco' of the Deboachery of sd Clifton, and in particular, y' y^ Clifton in his Discourse, should vse this Expression: that he was not ffbr Yea and Nay, but for God Damm You ; y'' w** words y' said Clifton Denying, y*" board Debated y^ matter, but haveing only paper Evidence, Resolved that He be admitted at present, but vpon tFurther proof made of y° ffact. Immediately dismissed ; and he was admitted accordingly. The Returne of New Castle County was Read, wherein was returned John Cann to Serve three years in Pro" Councill; and Edward Blake, Henry Williams, Rich*^ HoUwell, John Darby, Wm. Graunt, Jo" Donalson, to serve in Assembly. John Cann signed y° vsual obligation and took his place at y" board. Adjor^ till To-morrow, Eight in y' ffbrenoon. Att a meeting of y° Councill in Philadelphia y' ffirst of y° Second Mo., 1690. PRESENT : THO. LLOYD, P'. Arth' Cook, Griff". Owen, Sam" Richardson, Barth. Coppock, Tho. Duckett, Wm. Clark, Wm. Yardly, Grift'. Jones, Jo" Symcock, Jo° Brinkloe, Wm. Stockdale, Jo° Cann, Vpon Debate of y° various methods hetherto have been vsed in Choosing or Electing Representatives, it was Resolved and ordered, that Each County shall hence ffbrward Elect or give their Suffrages according to Charter, viz: by y'ballat. Adjorn'd till 3 in y' afternoon. Johanes D'Haes, Luke Watson, Thomas Clifton, Jo" Curtis, Wm. Markham, Sec". IN Y' AFTERNOON. Pi'csent as in y* ffbrenoon. The members of y' 3 Lower Counties move this board, that y' next Gene" Assembly, to be held y' next Third month, may be aty'Towno of New Castle, or at Some other place of y" Lower Counties. The board went vpon prepareing Severall bills ffbr promulgation, Then adjorned till 8 to morrow morning. PROVINCIAL COUNCIL. 283 Att a meeting of y" Councill in Philadelphia The second day of y"" second month, 1690. PRESENT : THOMAS LLOYD, P. Wm. Clark, GrifF. Jones, Barth. Coppock, Jo" Cann, Jo" Curtis, Tho. Duckett, Luke Watson, Jo" Symcock, Tho. Clifton, Johanes D'Haes, Sam" Richardson, Arth. Cook, Wm. Stockdale, Griff. Owen, Wm.Markham, Sec'*". Jo" Brinkloe, Wm. Yardly, The Returne of Chester County was Read, wherein was Returned John Blunston to Serve Three Years in Provincial! Councill ; And John Bristow Wm. Jenkins, Rob' Pyle, Joshua tiearne, George Maris, Caleb Pusey, to Serve in y' Assembly ffor y'' Ensuing Year. Arthur Cook, Wm. Clark & Jos. Growdon, were vnanimously Chosen to be Provinciall Judges ffbr the next Provinciall Court, and Ordered that a Comission be Drawn Accordingly. The motion made Yesterday by y° members ofy^Lower Counties was Renewed, wherevpon y* Representatives of y^ Province gave way that y" next Gene" Assembly should be held at New Castle, and that it might be putt to y° vote that y' order of y' board might be had for y° same : Which was accordingly don, and Carried in y" affirmative ; and ordered that the secretary give notice thereof to j'* Respective Counties. Tho Petition of Thomas Harris was Read, Complayning against y° County Court of New Castle in a Cause between Olliver Perry of New England, and himselfe. Referd to y^ next sitting of y*' Councill. Adjorned till Eight To-morrow morning. At a meeting of The Councill in Philadelphia y^ 3''of y'2'* Mo., 1690. PRESENT : THOMAS LLOYD, Presid'. Wm. Clark, Jo" Curtis, Barth. Coppock, Jo" Cann, Jo" Symcock, Tho. Duckett, Luke Watson, Sam" Richardson, Tho. Clifton, Wm. Stockdale, Griff". Owen, Arth. Cook, Jo" Brinkloe, Wm. YartUy, Wm. Markham, Sec'^. Griff". Jones, The whole board Resolved into a Committee for preparing of bills to promulgate. Adjorned till Eight to-morrov/ morning. 284 MINUTES OF THE At a meeting of The Councill at Philadelphia y* 4'" of y* 2" Mc, 1690. PRESENT : THOMAS LLOYD, Presid*. Jo" Symcock, Griff. Jones, Sam. Richardson, Griff. Owen, Wm. Clark, Luke Watson, Wm. Stockdale, Jo" Cann, Wm. Yardly, Jo° Brinkloe, The whole board Resolved into a Committee ffor preparing of bills to promulgate. Adjoined' till 3 afternoon. Barth. Coppock, Tho. Duckett, Arth. Cook, Jo" Curtis, Tho. Clifton, Arth. Cook, Tho. Duckett, Jo" Symcock, Tho. Chfton, Wm. Markham, Sec". AFTERNOON : PRESENT : THOMAS LLOYD, P. Wm. Clark, Grif. Jones, Jo" Cann, Wm. Yardly, Jo" Curtis, Sam" Richardson, Luke Watson, Barth. Coppock, Grif. Owen, Wm. Stockdale, Jo" Brinkloe, In was Ordered by y* board That y' Stile of The Authoryty should be as was those Laws past at Philadelphia The Thirty-ffirst day of y^ ffirst month, 1685, viz: The Gouernour and ffreemen in Provin- ciall Councill mett, &c. 1 bill. The bill ffor Continuance of fformer Laws was Read, and past N. C. D. 2. The bill ffor y^ Repealing Severall Laws was Read, and past N. C. D. S. The bill of Repeale of Parts of Severall Laws, Read & past N- C. D. 4. The bill for punishing persons Summons'd to give their Evi- dence and doth not appear, past N. C. D. 5. The bill ffor y" Rates of fferrys Read: past in y^ affirmative. 6. The bill ffor an Addition to yM5 Law, prohibitting Rum to be sold to y' Indians, was Read : past in y' affirmative. 7. The bill about Wages ffor y' members of Councill and Assembly was Read & past N. C. D. 8. The bill to Constitute Provinciall Judges Read & Past N. C. D. adjor*^ till To morrow, 9 in y' fforenoon. PROVINCIAL COUNCIL. 285 At y' meeting ofCouncill the 5 day ofy^ second month, 1690, present: THOMAS LLOYD, Presid'. Wm. Clark, Arth. Cook, Tho. Clifton, Sam" Richardson, Wm. Stockdale, Grif. Jones, Jo" Cann, Jo" Symcock, Tho. Duckett, Luke Watson, Barth. Coppock, Wm. Markham. John Brinkloe, Grif. Owen, 9 bill. The bill about the Dyke at New Castle was Read and past N. C. D. 10. The bill about Rangers was Read & past N. C. D. The bills that were Read yesterday and to day were againe Read, and past as before. Adjor"" till 3 in y^ afternoon. IN Y= AFTERNOON. PRESENT : THOMAS LLOYD, Presid'. Wm. Clark, Barth. Coppock, Jo" Cann, Sam" Richardson, Tho. Clifton, Tho. Duckett, John Symcock, Wm. Yardly, Arth. Cook, Grif. Jones, Luke Watson, Grif. Owen, Jo" Brinkloe, Wm. Stockdale, Wm. Markham, Sec"^. Jo" Curtis, 11 bill. The bill for Custome vpon Rum, &c., was Read, and past in y" affirmative. 12. The bill ffor Customes vpon Deer Skinns was Read, & past in y" affirmative. 13. The bill about mercinary pleadings in Courts was Read: past in y'' affirmative. The Petition of John White was Read, as here verbatim is sett downe, (viz:) • To the Presid' and Provincial I Councill of the Province of Penn- silvania and Territorys : The Petition of John White Humbly sheweth. That your Pef being Contrary to Law hindred of y^ proffitt and Exercise of y" office of Clark ofy'' sessions for y° towne and County of New Castle, to which your petitioner hath Lawfull Claim, He humbly beggs y° beneffitt of being heard &, Relieved, according to Law; & yo' Peti"", as in Duty bound, shall Dray, &c. JOHN WHITE. The Petition of John White being debated severall times, at Last, in a Legislative Councill, y' Issue was Resolved by their answer to the ffollowing Question : Whether Commission granted by Wm. Penn to John White, ffor y' office of y' Clark of y° peace ffor y' County of New Castle, being 286 MINUTES OF THE to him as long as well behave himsclfe, doth not Continue in fforce vntill he shall be Convicted by Due Course of Law, which is by his peers: It was Carried in y'' affirmative. Griff". Jones AUigeing that he had had his tryall before Gover' BlackwcU and Councill at New Castle, and was Turned out tfor a Misdemeanor in his Office, and therefore Desired his Dissent might be Entred. The Petition of Sam" Carpenter was Read, requesting a bill might be prepared ffor pi'eventing hoggs to goe at Large in townes. Ord"', That a bill be Drawne ffor y' same, to mention only y' Townes of Philadelphia &, New Castle. adjor'' tenn in y^ fforenoon, y^ 7^ Ins'. At y' meeting of the Councill in the Councill Room in Philadelphia y' 7'^ of y" second month, 1690. presekt: THO. LLOYD, Presid'. Jo" Symcock, Jo° Cann, The. Duckett, Griff. Owen, Tho. Clifton, Wm. Stockdale, Jo" Curtis, Wm. Clark, Grif. Jones, Wm. Yardly, Arth. Cook, Wm. Markham, Sec'^. Luke Watson, Sam" Richardson, The whole board Resolved into a Comniittee to prepare some bills ffor promulgation. Adjo'' till y' afternoon. In y° afternoon : psent as in y^ fforenoon. The Secretary's memoriall was Read, which ffollows, verbatim : Philadelphia, y' 7'" of The second Mo., 169{). To the Provincial! Councill now sitting: The memoriall of Wm. Markham, Sec"^, Humbly offered to yo'Con-* siderations : 1"". That the Proprietary hath often times sett fforth vnto you y' great and almost incredible Expences he hath been at in Support of y'' Governm', whereby he hath much Impared his Estate, and thereby wronged his ffamily, by maintaining y° publick w"" what belongs vnto them. 2^^. Whereas, there hath been severall acts made and Impositions layd vpon goods Exported and Imported under a pretence to Raise money ffor y' Proprietary, towards the Support of his Governm', whereby many who are very willing to Support y^ necessary Charge thereof are possessed that the Proprietary hath great sums of money given him ffor y" Defraying y^ Same ; which mistake hath, and I ffear will be more prejuditiall, not only to y"^ Proprietary, but to his whole PROVINCIAL COUNCIL. 287 Governm', ffor I humbly Conceive this board is sensablc that it hath not only not brought in one fTarthing, but Incouraged him still fFurther to Launch out his Estate in Expectation of it, to y" vse of The Publick; and not only that, but in y' opinion of your humble Remembrancer, like to Drive the trade iTrom this Province vnto our neighboring CoUo- ney, w'* if once don, will be Difficult to Recover. S'''. The Proprietary hath often Recommended to this board that some Course by taken ffor y^ payment of the Subscriptions, w*^*" was in Lieu of an act or Imposition on Rum, &c. ; but nothing hath been Effected therein. 4''. I Humbly offer to yo" Considerations the Proprietary's words in his Letf to his Commissioners, bearing date y" 14"" of y" S"" Mo., 1689, (viz:) Whereas there is 6001b. due to me, which has been Ne- glected or Refused to be paid. If the Province will build me a house in the City ffor my Reception, vpon mj Lott, leaveing me to make ad- ditions hereafter, if there be occasion, I hope to be there as Soon as that is ffinished: I have sent Capt. Markham my modell: Or stock the three plantations of my Three Children, Each 2001. Comes to the Summ, I shall take it well, and this may be sooner and safer don than Returning me that sum, tho' here it would have done me more good. '5. I ffurther humbly offer to yo'' Considerations what y° Pro- prietary was pleased to write to me, in his Letter bearing date y^ 13 2'' Mo., 1689, (viz:) I send to seat my Children's Plantation that I gave them near Pennsberry, by Edw*^ Blackfan. Either Lett them settle me 3 Plantations for my Three Children, 2001b. Each, which make vp y" 6001.; or Lay it out in a City house ffor me, y' I may be Encouraged to live among them, tho' it would now doe me more good here. Lastly. The Sum Expected aforesaid as a Debt due to y'' Proprie- tary, and ought Immediately to be paid, is a Certaine Sum, viz: 6001. which Cannot be Raized but a Tax, or some other Coui'se, as may be Certaine in some Short Time to amount vnto y'' ffuU Sum, Clear of all Charges, and not by Importations or on Navigation, w"^'' are vncer- taine. WM. MARKHAM, Sec'^ 14 bill, About Two Credible Evidences, was Read, and past in y° affirmative. 15. The bill about Registry in anv Religious Socyety was Read, & past N. C. D. 16. The bill about Hoggs going at Large in y° Towns of Phila- delphia and New Castle was Read, & past N. C. D. Adjor ' till 9 To-morrow fforenoon. 288 MINUTES OF TPlE At a Councill in the Councill Room at Philadelphia the Eighth of y* second month, 1690. present: THO. LLOYD, Presid'. John Symcock, Tho. Clifton, Luke Watson, Arth. Cook, Wm. Clark, John Curtis, Sam" Richardson, Wm. Yardly, Griff. Jones, Tho. Duckett, Grif. Owen, Wm. Markham, Sec. The Petion of John White, w'*" was Read the 5"" Ins', was Reas- sumed, wherevpon this ffollovving Recommenditarj ord' was order- ed by y" board, (viz:) To Our flellow members of The Provinciall Councill, and to out ffriends the Justices ffor the Towne and County of New Castle: John White, of The said County, haveing made his application vnto vs ffor Relief against the Continued suspension of him ffrom the Exercise and proffitts of y" Office of The Clark of y^ peace for y' Coun- ty afforesaid. Wee haveing with due Regard to fformer procedures, & great circumspection, inspecting into and Considering his Com- plaint, have in a ffuU Councill, after severall previous and deliberate debates, Resolved that y'^ Commission granted by Gover' Penn vnto y^ s'' John White, ffor y^ office of Clark of y" peace ffor y^ County of New Castle, doth notwithstanding y^ Late Suspention, Continue in fforce, and abides vntill he shall be Convicted by Due course of Law; and wee ffurther observing that y" said Office Cannot be well Execu- ted by y' Person Commissionated by Cap' Blackwell, our late Gover', because of The officers power therein with y' said Gover"^ Station in y® Governm', Wee doe therefore Recommend the said John White herewith vnto your notice, and ffriendly admission of him in y" Rein- vestiture of his Clark's office, and into y' Exercise of y'' same with you; And as wee have strictly Enjoyned him, and shall Require y' same ffrom him, wee do not much doubt but he will deport himselfe obligingly, & with Respect & ffaithfulness vnto you. THO. LLOYD, Presid'. [Given by y^ Prov" Councill y" 8 of y^ 2" mo., 1690, at Philadelphia.] The Petition of Thomas Harris, Requesting Relief ffrom y*" Judg- ments given against him in the County Court of New Castle County, both in Law and Equity. Resolved he should have an order ffor a hearing in The next Prov" Court, w*^*" will be in y" next seventh month, provided y" matter of Com- plairit be not Determined by y" Consent of both parties, at y" Councill at New Castle , and in y'' meantime, notice to be given to John Cann that he part not with any of y" Effects he hath in his hands of Oliver Perry's, or his owners, vntill y'' Determination of the Difference as aforesaid. adjoi-'' till 3 in y' afternoon. PROVINCIAL COUNCIL. AFTERNOON. 289 Jo" Symcock. Tho. Clifton, Wm. Markham, Sec''. PRESENT : THO. LLOYD, P'. Tho. Duckett, Sam" Richardson, Jo" Curtis, Griff. Owen, Luke Watson, Wm. Yardly, Griff. Jones, Wm. Clark, Vppon debate of y° neglect of y^ Survey' Gen"' office and his Ex- traordinary ffecs. Resolved & Ord"' that y" Survey' Gene"^ Deputy be sent ffor to attend this board, and that Thomas Duckett be desired to take y" Care of sending ffor him. The Petition of Benj. Chambers, Tho. Peart and ffrancis Rawie, was Read, Requesting ffor themselves and others, that a bridg might be built over, and a wharfe made against Mulberry street. Resolved that when y" Petitioners shall bring in their proposalls, they shall have a hearing. Adjor'' till To-morrow 9 fforenoon. At a meeting of The Councill in y° Councill Roome in Philadel- phia y^ 9* day of y' 2^ Mo., 1G90. present: THOMAS LLOYD, Presid". John Symcock, Tho. Duckett, Jo° Curtis, Wm. Clark, Wm. Yardly, Sam Richardson, Arthur Cook, Luke Watson, Wm. Markham, Sec". Griff. Owen, Benj. Chambers &, ffrancis Rawle, according to the answer to their petition yesterday, brought. in their methods, (viz :) Mulberry Street being not less the Sixty ttbot in breadth in y' midest of The same, and about twenty perches back fTrom y"" River, wee Intend to Cutt out a Cart Road of twenty ffoot in breadth, iirom thence to Extend with a graduall Desscnt to Low water mark, and to have y" said passage paved and walled vp with stones on both sides, and to have a bridg over y' said passage, in y" midst of y^ ffront Street, and that part w"'^ Remaine.s vncovered to be flfenced with Railes; and at y' River End of The said passage, to make a ffree andpublick wharfe of Twenty flbot in breadtJi on Each side thereoff: Whcreunto y' Councill did assent. Ordered that a Warr* be made to Impowre Each County, by Thoir Respective magistrates and Grand Jury, to Divide their respective Counties into hundreds, or such other Division as they shall think most Convenient tibr their Ease in Collecting y° Levies ffor the De- fraying y" Charge of y^ Counties. adjor"^ till 3 in y' afternoon. 25 290 MINUTES OF THE AFFTERNOON. present: THO. LLOYD, Presid'. John Symcock, Wm. Clark, Tho. Duckett, Grift'. Jones, John Curtis, Luke Watson, Arth. Cook, Wm. Yardly, Tho. Clifton, am" Richardson, Griff*. Owen, Wm. Markham, Sec". The Petition of Ann Young in the behalfe ofy^ halfe of herselfe and her husband, Jacob Young, against Edw'^ Gibbs, High sherriff' of New Castle County, about a seasure made by y" s*^ Gibbs, y' Sheriff', on y" Goods and Chatteles of y' said Young, in a Case between y° said Sheriff" and Young, in which Case y' said Young had judgment j)ast against him by Default, not Knowing y* Time he should Appeare. Ordered that y^ said Ann Young and her husband, have an appeal ■granted them to y° Provincial! Court after y° next ; provided they give Sufficient security ftbr the Estate seized, and ffbr standing and abide- ing by y' Judgment ofy' Provinc" Court. adjor"* till 10 to-morrow fforcnoon. At a meeting of the Councill in the Councill Room in Philadelphia The 10 of j^ 2' Mo., 1690. present: THO. LLOYD, Presid'. Jo Symcock, Wm. Yardly, Grif Jones, Arth. Cook, Jo" Curtis, ' Tho. Clifton, Grift'. Owen, Sa. Richardson, Luke Watson, Wm. Clark, Tho. Duckett, Wm. Markham, Sec'^. 17 bill. The bill ff'or Regulating the Survey"" fi'ees Read, and pas^ ill y' affirmative. John Blunston,a member of Councill ftbr y' County of Chester, haveing absented y* service thereof sometime, and y" board being informed by y" other members of The said County, that y^ said Blun- ston at his Election was muchag' his being Elected, & still Continues very vneasy and much Indisposed to serve. Ordered the secretary write to him to have his Resolution therein. adjor' till 2 in y" aS'ternoon. In y" afternoon. Present as in y" fforenoon. The Commission for the Provinciall Judges, viz: Arth. Cook, Wm. Clark &; Joseph Growdon, was this day signed by y' Presid', bearing date y' 1" Ins', to Continue only ftbr this present Court. I PROVINCIAL COUNCIL. 29i Joseph Taylor presented y" CounciU with a writing wherein he inlbrmed the board y' he made Choyce of Arth. Cook to be his Guar- dian, & Desired it might be Entred on y" minutes accordingly. adj. till To-morrow, 9 ffbrenoon. At a meeting of the Council! in v' Councill room in Philadelphia The 11 of y' 2^ Mo., 1690. THO. LLOYD, Presid'. Wm. Clark, Wm. Yardly, Arth. Cook, Jo" Symcock, Luke Watson, Jo" Curtis, Sam" Richardson, Grift'. Owen, , Tho. Clifton, Tho. Duckett, Grift". Jones, Wm, Markham, Sec^. A Letter bearing date y° 2"^ of Ap", Directed to Thomas Lloyd, Presid' of Pennsylvania, was Read : it was subscribed Jacob Leislear ; the purport was to send some agent to New York to treat with them of York and other Collonies, about some Cours topreserv themselves ffrom yei' Enemyes, y'^ ffrench. Ordered that the Commission of The peace ffbr y° Three Lower Counties be Renewed, and j' They runn by y*" King's Authority. Vpon severall Debates Concerning the office of The Clark of y" peace ftbr this County, it was generally refterred to y* Disposall of the present Master of y*^ Rolls, he being the Chief Officer of Reccords. Vppon a proposall Concerning a Sherift' to be Chosen ftbr Bucks County, the present Sheriff Expressing his vnwillingness to serve longer, as the board were informed, Therevpon Wm. Yardly was agreed vpon to be Commissionated ffbr y^ said place. Adjor. till 9 to-morrow ffbrenoon. At a meeting of The Councill in y* Councill room In Philadelphia The 12 of The 2'' Mo., 1690. present: THO. LLOYD, Presid'. Wm. Clark, Sam" Richardson, Luke Watson, Arth. Cook, Wm. Yardly, Wm. Markham, Sec''. Jo" Sjmcock, After some Debate about Commissionating officers, &c., Adjor. till 3 in y' afternoon. 292 HINUl'ES b^ THE IN THE AFTERNOON. PRESENT : THO. LLOYD, Presid'. John Symcock, Sa" Richardson, Tho. Clifton, Luke Watson, Jo" Curtis, Wni. Markham. Tho. Duckelt, Vppon y^ Reading of The Petition of John Buzby, who married the Daughter of Christopher Taylor, Deceased, Requesting a Devi- sion of y" Estate of y° said Chris, amongst his Children, Arthur Cook and Sam" Richardson Desired to Endeavour an Equall partition, more Especially of y' perishable part of y° s"* Estate, which lyes in Thomas Hooton's Custody, and Thomas Hooton is hereby Ordered to Deliver The said Goods to y" order of The Referees before named. Vpon y" Reading y* Pet. of y° Legatees of Ja. Claypoole, Request- ing y" Care of y° Councill .in inspecting into the mannagem' of the administration intrusted in their Eldest Brother's liands Chiefly, It was ordered that y" said Brother shall have notice to answer the lega- tee's Exceptions herein in y" next Councill. John White Requesting the Councill to signifie their sense to y° Justices of New Castle County, to order James Claypoole to give vp the County Scale and Records vnto him. The board thought The Order granted in his behalfe, Directed to their members and Justices, was Sufficient ttbr y' present. Adjor'' Till To-morrow, 9 in y^ forenoon. At a meeting of The Councill in The Councill room in Philadel- phia y* IS'^ofV 2' Mo., 1690. tresent: THO. LLOYD, Presid'. John Symcock, Tho. Duokett, Jo" Curtis, Arth. Cook, Grif. Owen, Luke Watson, Wm. Clark, Tho. Clifton, Wm. Markham, Sec^'. Three Commissions of Peace ffor The Three Lower Counties were signed by y" presid', bearing date y" 11 of y^S** Mo., 1690. °Adjorned till The 15'" Ins'. At a meet, of The Councill in the Councill room the 15"" of y' 2' Mo., 1690, in Philadelphia. present: 'I'HO. LLOYD, Presid'. Jo" Symcock, Luke Watson, Grif. Owen, Arth. Cook, Tho. Duckett, Sam" Richardson, Wm. Clark, Jo" Curtis, Wm. Markham, Sec'''. PROVINCIAL COUNCIL. 293 The Councill mett this day to appoynt atimc to adjorne to, and Did Conclude oft' and adjornd accordingly to y" 12 of y^ 3 Mo. next, vnless the Presid' and 6 members see Cause of any Emergent occa- sion to meet sooner ; or in his absence, by notice given by any six members Else, hence ftVom this place. Betbre the Departure of The Councill out of The Councill, a Ictt' Came to the board ffrom John Blunston, in answer to y' Secretary's, by ord' of this board on y" 10"" Ins', w^'' being Read, and his Resons flbr Excuseing him to serve in Provincial] Councill beins; allowed, It was ordered a writt should be forthwith sent to the Sherift' of Chester County to Summons y'^ ttreemeu of The said County to meet at Ches- ter on y'' 22 Ins', to Elect one to serve in his Room ; the w* writt was signed by y' Presid'. Then adjor'^ ag before. At a CounciU in The Councill Room in Philadelphia The 24'" of v^ 2-' Mo.. 1690. PRESENT : THO. LLOYD, Presid'. Arth. Cook, Griflf. Jones, Griff". Owen, Sam" Richardson, Tho. Duckett, Wm. Markham, Sec''. A Lett"^ was Read ffrom y° Assembly of Maryland, bearing date y*ll"'of Ap", 1690. The Presid' is Desired to returne an answer ffrom himselfe & y" board to y^ Late speaker of The Assembly in Maryland. The Petition of severall of The ffi-eemen of This Province willing and Ready to bear Amies in Defence of The same, was Read ; which ffbllows verbatim, (viz:) To The Honeb"= the Provincial! Councill, now Dep'y Govei-' of y' Pro- vince of Pennsilvania. The Humble Petition of some of The Inhabitants willing and Ready to bear Armes (lor y" service and DefTence of This Governm', Sheweth : That whereas, there is a warr between y° Crownes of England and ffrance, and that our Enemies, the flrench, have barbarously murdered many of his Mai" Subjects, very near y^ Confines of this Province, w'*" have struck no Small terrour in vs and our ftamilyes, and may happen to Attack vs when wee Least think of it, wee humbly pray that you, our Giovci-', will be pleased forthw"' to settle y^ Country in'Such a posture that we may be able by ffbrce of A rmes, to Defend it against any assault of our Enemies; and as in Duty bound, shall pray. Wm. Markham, Lacy Cock, Swan Swanson, .To" Holme, Andrew Binkson. 2S* 294 MINUTES OF THE The board being informed that Lassie Cock intends vp y' Skoolkill among our Indians, y^ begining of y° next week, doe request that y' presid', with y' present members, give Instruction to y° said Lacy (Sock to make perticular Enquirie Conerning y" store and quantity of Ammunition in y® Custody of y*" ffcw ffrcnch ffamilies seated vp the said River, and in Case he shall fiindc greater store then shall be judged Expedient to be left there, to have y° same secured, in ord' to be brought to Barnabas Willcox's store, assureing the owner's Rea- sonable satisfaction fibr the same; and ffurther, that such of y° s"' ffrench who may be justly suspected of vnfaithffuUness to this pro- vince, may be, by y" most sutable meanes, perswaded downc here ; and that y° Chief Sachem of our Indians may be assured of our good In- tention towards them and their people, and that wee desire a meeting with their Cheif men as soon as they Cann Conveniently, giving vs notice of The time nine, or tenn days before, and if he sees occasion to Imploy four or six Likely and trusty persons of Them to Range along the most likely parts, ffor y*" Discovering of any Designs of y" fFrench, or their Indians, against the peace, who shall have Competent satisfaction at their Return to vs. And our desire is that Capt. Mark- liam, Rob. Turner, with such Credible persons as may be perswaded vpon this service, goc along with y*" said Lassie Cock, and that he vpon all occasions, take y" advice & Concurrence of y'' said persons; And in y' meantime, Care be taken ffor sutable presents ffor them at their meeting with vs. The Councill adjor-" till y' 12* 3'^ month, vnless y° Presid' and members. See Cause, vpon any Emergent occasion, to meet sooner, or in Ills absence, by notice given by any six members Else hence. At a Councill held at New Castle y'' 12 of y^ S' Mo., 1690. pkesent: THOMAS LLOYD, P. Jo" Symcock, Griff. Owen, Tho. Duckett, Arth. Cook, Wm. Stockdale, Jo" Brunkloe, Jo" Cann, Earth. Coppock, Joha. D'Hawes, Sam. Richardson, Luke Watson, Wm. Markham, Sec''. The Returne of Chester County ffor Wm. Howell to serve In Pro- vinciall Councill in y" Roome of John Blunston, was Read. He ap- j)eared not, but a Letter ffrom him, Directed to y" board, bearing date y' Eighth of y" 3"^ month, 1690, w"^' was Read, setting forth his Inca- j)assity, &c., ofgivcing Such attendance as is Requisite to that service, Hcferd at present, and to be Resolved before y' Riseingof this Legis-, lativc Councill. The Committee appoynted to Receive proposalls ffrom y" Assembly, vpon Amendments of y" promulgated bills, is Arth. Cook, Grif. Owen, Jo" Symcock, Jo" Cann, Jo" Brinkloc, Lulco Watson, PROVINCIAL COUNCIL. 295 The Petion of Adam Johnson was Read, &c. The board not haveing any Certaine Knowledg of y° matter, nor Coppy of any Re- cord before them, Defered it for the pi-esent. The Pet. of James Ifox was Read, &c. Defer'dtill afternoon. adjor*^ till 4 in y° afternoon. AFTERNOON. present: THOMAS LLOYD, P'. Arth. Cook, Jo" Symcock, Johanes D'Hawes,. Wm. Clark, Grifi'. Owen, Jo° Brinkloe, Jo°Cann, Wm. Stockdale, GrifF. Jones, Sam Richardson, Luke Watson, Wm. Markhana, Sec"i Tho. Duckett, Barth. Coppock, James fFoxe's Pet., w'"" was Read in y* fforenoon, was again Read, Complayning ag' James Walliam, y*" King's ColIecffTor selling tobacco he seized, pretendedly by virtue of a judgment obteinedin y'' County Court of New Castle : an abstract of y^ Proceedings of y" said Coun- ty Court was also Read at this board. The Assembly Came to this board. Joseph Growdon, a member thereoff, acquaints y" Councill that y* Assembly had Chosen them their Speaker. The bills No. 1, 2, 3, 4, 5, 6, w"^ were promulgated,. were given to y° Speaker. GrifF. Jones, a member of This board, acquaints the Councill' that Wm. Yardly, an other member. Could not attend his Duty through Indisposition. James Walliam, y' King's Collector, being sent ffor to this board, to answer y" Complaint of James ffox, appeared and promised that to- morrow morning he would appear againe, to give ffurther satisfaction. adjora'^ till 7 to-morrow morning. . At a Councill at New Castle y" 13'" 3'' Mo., 1690. present: THOMAS LLOYD, P. Sam" Richardson, Wm. Stockdale, Luke Watson, Grif. Owen, Jo° Brinkloe, Tho. Duckett, Barth. Coppock, Jo° Curtis, Wm. Clark, GrifT. Jones, Arth. Cook, Wm. Markham, Sec'^. Joha. D'Hawes, Jo° Symcock, James Walliam, y° King's Collector, not appearing according to y' minute yesterday, was sent for, but was gon out of Towne. Wm. Clark was added to y** Committee appoynted yesterday, and any 4 of them to be a Quorum. 296 MINUTES OF THE Edvv"^ Gibbs, High Sheriff of New Castle County, and Hugh Mas- land, Butcher of y'' said Towne, were sent for to appear before this board. Hugh Masland's attestation was Read, w"'' is as ffolloweth, verbatim : Vpon the Request of James ffox was Hugh Masland solemnly attested, who Declares that being vpon a Jury in a plea De- pending y" 23 Ins'., James ffox, pi' against James Walliam, George More, Vnder Sheriff, Came among them, and severall times vrged y*^ Cause against James ffox ; and that Edw' Gibbs persuaded the Depo- nent to agree w"' y^ Rest ofy^Juryin behalfe of James Walliain, ffor y' y" said Edw'' Gibbs said it was suspected y' y^ Deponent was Con- cerned with Tobacco ffrom Maryland in y' Like Kind, which he and the Collector had Discoursed together about, and it might be well enough: And likewise persuaded him not to be so Stubborne, as haveing heard he was y*" only man stood out; but that y^ said discourse took noe Effect w'" them, and that Edw'' Gibbs said to y*^ Depon', he would promise vpon his word, if the Deponent would agree w"" y" Rest of y^ Jury, he should no ways be Damnified by reason of any suspi- tion of y' Depon" being Concerned in y' Like Nature, and ffurther Saith not. Taken before vs this 25 Aprill, 1690. John Cann, Joha. D'Haes, Edw" Blake. Hugh Masland ownes y^ attestation. The Sheriff and Hugh Mas- land being interrogated, &c., and y*" whole matter Debated, Defer'd y° Conclusion till to morrow morning, at which time it was ord^^ that James Walliam, y' King's Collector, attend this board. Rich'' Curtis and Rob' Pyle, two members of y^ Assembly, Came to y^ board for y^ Rest of y^ Promulgated bills, w'*" was Delivered them. No. 7 to 17. Adjorn'd till 3 in y^ afternoon. AFTERNOON. PRESENT : THOMAS LLOYD, F, Arth'. Cook, Thomas Duckett, John Brinkloe, Wm. Clark, John Cann, Joha. D'Haes, Grif. Jones, John Symcock, Barth. Coppock, Sara" Richardson, Wm. Stockdale, Griff, Owen, Jo" Curtis, Luke AVatson, Wm. Markham, Sec". Oedible Information being given to this board that John Richardson, ■y" Elder of Kent County, hath behaved himselfe so violently and In- humainely towards his wife, that it is much ffeared he may be her Death ;!wherevponit was ordered y' a warr' be sent downe to y* Justi- ces of y' County, to make thorow Examinnation into y'' matter, w'^ Direction that vpon sufficient proof, to bind him over to his good be- haviour, & to secure him in prison vntill he ffind good & able secur. PROVINCIAL COUNCIL. 297 Cap' Peter Alrichs Came into y^ Counciil Roome and presented to Vhis board a Commission ffrom Gover'' Penn to himselfe, bearing datey' 18 8ber, 1683, Constituting him Leift, and Com'^inChiefof y'' Towne and ffort at New Castle, &c., w"* was Read ; and Likewise, he produced a paper of Subscription of several) persons that had List- ed themselves to serve y' Country vpon any occasion of an Enemies approach, w'*" was Likewise Read. adjorned till 8 lo-morrow morning. Att a Counciil at New Castle y* 14'" 3 Mo., 1690. present; THOMAS LLOYD, P\ Arth' Cook, Griff. Jones, Sam. Richardson, Griff. Owen, Tho. Duckett, Jo" Sjmcock, Wm. Stockdale, Jo" Curtis, Earth. Coppock, Jo" Brinkloe, Luke Watson, John Cann, Joha. D'Haes, AVm. Clark, Wm. Markham, Sec'-' According to y^ notice sent yesterday to James Walliam, Collect' of" y° King's Customs, he appeared, & likewise James ffox. James Walliam produced his Instructions ffrom Patrick Mien, Esq''., Surver^ Getf" of his Maj'' Customs in y^ American Plantation. Vppon y* Debate of y" tryall vppona se-izure made by James Wal- liam, of about 40 hdds. of Tobacco of said James ffox's, y' Clark of y^ County of New Castle was sent with y" Record of y* said tryalL The Petition of James ffox, w'^ was Read y" 12 Ins', was agaiae Read : James Walliam, against whome he petitioned, being present. Adjor^ till 4 Aflernoon. IN Y^ AFTERNOON, 14 3 Mo., 1690. THOMAS LLOYD. John Symcock, Arth' Cook, Wm. Clark, GrilT. Owen, Grif. Jones, PRESENT : Luke Watson, John Cann, Tho. Duckett, Sam. Richardson, Jo" Curtis, Barth. Coppock. Jo" Brinkloe, Wm. Stockdale, Joha. D'Haes, Wm. Markham, Sec'y. The Difference between James ffox and James Walliam, y"' King's Collect', was Reassumed, and y' Records of y^ County Court of New Castle, where y' tryall was Exammined ; and vpon Debate it was Re- solved that y" said Walliam and ffox be spoaken*to to End y^ Differ- ence between themselves, before this board proceeds any ffurther in it. Adjorn'' till 9 to-morrow morning. 598 MINUTES OF THE New Castle, At a Councill y' 15'^ 3 Mo., 1690. present: THOMAS LLOYD, P', w"^ y" Rest, as yesterday. The Committee of This board presented the Promulgated bills they had Received ilrom a Committee of y' Assembly, with y" Assembly's Amendments and Rejectm'% which were Allowed off according to their proposalls, tho' the ftbrme of Drawing y*" said Amendments into Bills may be properly y° Concerne of This board, and that their Committee be informed of their mistake in their Resolve vpon y* fhrst bill. Resolved that y' Committee of y*" Councill acquaint the Assembly that to-morrow morning they shall be Ready, if y* Assembly Can, to pass all y^ bills that are to be passed. Adj'^ till 7 to-morrow morning. At a Councill in y" Court-house at New Castle, y' 16*3^ Mo.,.1690, PRESENT : THO. LLOYD, P'. John Symcock, Arth. Cook, Jo" Brinkloe, Tho. Duckett, Jo" Cann, Luke Watson, Griff. Owen, Sam" Richardson, Wm. Stockdale, Griff. Jones, Joha. D'Haes, Barth. Coppock, Wm. Clark, Jo" Curtis, Wm. Markham, Sec'^. The Councill mett in this place, that they might have Roome to _ make a Gen'" Assembly. ■ The Councill being Called over and Satt, the Assembly was Called in ; and being asked by the Presid' whether they were Ready to pass or Reject y" bills as promulgated, varied, or added vnto. Said they were. They took their places, and made a Gen'" Assembly. I"'. The ffirst bill was Read, w"" its amendments : past N. C. D. £". The Second bill was Read: past N. C. D. 3. The third bill was Read: past N. C. D. 4. The ffourth bill was Read: past N. C. D. 5. The ffifth bill was Read : past in y^ affirmative. 6. The Sixth bill was Read : past N. C. D. 7. The Seventh bill was Read : Rejected. 8. The Eighth bill was Read; Past N. C. D. 9. The Ninth bill was Read : Past N. C. D. 10. The Tenth bill was Read: Past N. C D. 11. The Eleventh bill was Read: Rejected. 12. The Twelveth bill was Read : Rejected. 13. The Thirteehth bill Read, & Rejected. 14. The ffourteenth bill Read, & Past N. C. D. 15. Theffifteenth bill Read, and past N. C. D. 16. The Sixteenth bill Read, & past N. C. D. 17. The Seventeenth bill was Read, & past in y' affirm. PROVINCIAL COUNCIL. 299 The Gene" Assembly adjorned at this time, till y' Cover' & Coun- cill should Dismiss them. The Councill adjorned till y* afternoon, to y* place of Their Sitting, Cap' fToratt's house. In y'' Afternoon : Present as in the ffbrenoon. Ordered that y* Secretary make vp the acco' of Buoy mony with in a month. Two members of The Assembly Came to acquaint the board that the Assembly were Ready (when the Councill pleased) to Receive their Discharge. Appoyiited they should Come about two hours hence. Ordered a Commission should be Drawne ffbr Rich'' Holwell to be High Sheriff of New Castle County, to Commence y^ ffirst of August, to Continue for one whole year. The Petition of White was Read, Humbly Requesting he might be Re-Invested in his office of Clark of New Castle County, Alligeing he was Illegally turned out of The Same. Resolved by y" majority of the board, that he shall have an Order ffor y° Delivery back to him the Records of y° said County Court. The wording of y" ord' is Referd to y* Presid'& Secretary. The Petion of Sam" Atkins was Read, Complayning against Wm. Clark, a member of this board. Referd to Common Law. Kent County Commission of y° peace, dat. 112'' Mo., 1690, was Signed by Thomas Lloyd, Presid'. Justices inserted are Jo° Brink- loe, John Curtis, George Martin, Dan" Jones, John Walker, Mark Manloe, Wm. Lawrence, Wm. ffreeland Tho. Rouse, Wm. Manloe, Jo° Betts, Symond Hirons. One of The same date ffbr New Castle County, was also Signed. The Justices were Peter Alrichs, John Cann, Wm. Stockdale, Ew"* Blake, Cornelius Empson, Joha. D'Haes, Pef Bainton, Charles Rum- sey, Rob' Ashton, John Hayly and Hen. Williams. Ord"^ Rob' Robinson have a Commission ffbr Coroner of New Castle County, and another ffbr Thomas Stratton flx^r Kent County. The Assembly was Called in and Received their Discharge ffrom their present service. The Councill adjorned to Philadelphia, The 22'' Ins'. At a Councill in y° Councill Roome in Philadelphia v''22of y" Z' Mo., 1690. PRESENT : THOMAS LLOYD, P'. John Symcock, Grif. Owen, Wm. Clark, Sam" Richardson, Arth' Cook, Wm. Markham, Sec", -TOd MINUTES OF THE Some mim"ber of Indians this day Coming into the towne, suppose- ing to make application to the Governm', Ordered that Cap' Lawrence Cock be sent for, to be in Towne by Eight to-morrow morning, to In- terprete; and in Case y'Councill are not Sitting, that y" Presid', with y" Present members and Justices, with others, y" principall Inhabi- tants, Doe treat them Civilly, Receive their message, and give their answer accordingly. Cap' L. Tort makeing his application to y" Councill that he may have liberty to goe for England, Resolved that he may, provided he performes the Laws of Governm' in that Case provided. Ordered that Nehemiah ffield have a Lycence to Keep ordinary at Lewis. adjorn'd till ffurther Order. At a meeting of y'^ Councill in the Councill Room in Philadelphia the 30 of y^ 5'" Mo., 1690. PRESENT : THOMAS LLOYD, Presid'. Jo° Symcock, Barth. Coppock, Griff. Jones, Griff. Owen, Sam" Richardson, Wm. Markham, Sec". Arth. Cook, Notice being given to this board by y'' Justices of Sussex County, y' y° Sheriff of y^ said County intends suddenly ffor England, and Recommending Sam" Preston as a Ifitt person to Supply y^ place, a Commission was this day signed ffor him. In a letter frromEdw"* Blackfann vnto y'' Secretary, bearing date at London, y'= 30 9ber., 1089, and Rec" of Rich'' Morris, Master of y'' Philadelphia march', the 15"' 5 Mo., 1690, was Inclosed an Order ffrom the Lords of The Privic Councill, Directed (To Our Loveing iTriend, Wm. Penn, Esq'., Proprietor of Their Maj" Province of Penn- silvania, in America,) bearing date ffrom y' Councill Room in White- hall, y= 19'^ day of ffeb., 1688-9, ffor the proclaming William and Mary, Prince and Princess of Orange, King & Queen of England, Ifrance and Ireland, and of y^ Territorys and Dominions Thcrevnto appertaining; w'" three printed Proclamations ffor the Same, and Coppys of y" oaths to be taken in stead of y^ Oath of Allegiance and Supremacy. Vppon Debate of y° a'foresaid ord' ffrom y'' Lords, it was Resolved That Since }' whole Tenour thereoff hath been in Effect performed by an Order ffrom y" Gover"" and Councill, bearing date y^ 2'' day of y' O"" month, 1689, and that so long time, by Accidents, hath Relapsed ffrom y' Date of The said ord' to y*^ Time of Receit thereof, that it was not necessary to publish it. The Petition of ffran. Cook was Read, Requesting an Equall Devi- sion of y' Estate of Jame Claypoole, Deceased, amongsthis Children. Ordered that John Claypoole Appear at y' next Councill, to answer y° said Cook's Complaint. PROVINCIAL COUNCIL. 301 The Petition of Sam" Atkins was Read, setting fforth that Rich'* Russell hath taken out Execution vpon a judgment obteined ag' him, y' said Atkins, by y^ said Russell, in y' County Court of Philadel- phia, held in y^ ffirst month Last past, notwithstanding y' Court did appoynt Sam" Carpenter and Benj. Chambers to adjust their acco", and to make Returne thereofi' to y" next Court. Ordered That Sam" Carpenter and Benj. Chambers be Desired to End y" Difference de- pending between y' said Russell and Atkins, w"" was Refer'd to them by y' said County Court of Philadelphia, and make Returne of Their so doing to y*" next said County Court. Ordered that notice be given to all y" members of Councill, that they meet at Philadelphia y' 4* 7 Mo. next, To Commissionate Prov" Judges. Adjor"* till 3 in y* afternoon. AFTERNOON. present: THOMAS LLOYD, Presid'. John Symcock, Arth. Cook, Griff. Owen, Grif. Jones, Sam. Richardson, Wm. Markham, Sec''. The Councill vnderstanding that James Claypoole, Clark of New Castle County, was in Towne, sent ffor him, and asked him his Rea- son why he did not obey y^ order Directed to him to Deliver y'write- ings and Seal of y' said County to Jo" White. His answer was that before y' order ('ame downe, the Court had Commanded him to De- liver vp their Records to them, and that he did deliver y° same to them in open Court. The Councill therevpon signified to him that what Act he shall doe as Clark flbr ye ffuture shall be looked vpon as of no Effect. Ordered that notice be given to y" Magistrates of Kent County, that y' Councill hath thought ffitt (vpon an 111 Character of John Richard- son, jun'.) to makevoyd y'Lycence he had to keep ordinary, and that they are desired to take Care it be suppressed accordingly. Ordered That Benj. Chambers have a warr' to Constitute him a Water-Baly ffor y" Province of Pennsilvani;i. Ord"" Blank Commissions to be dravvne Ibr Coroners. adjorn'^ till y'' 4'" 7 Mo. next, or till ffurtliLr order. At a meeting of v' Councill in y' Councill Room at Philadelpl-.ia y* 4 7 Mo., 1690. PRESENT : THOMAS LLOYD, Presid'. John Symcock, Grif. Owen, Barth. Coppock, Arth"^ Cook, Wm. Yardly, John Brinkloe, Tho. Dnckett, Wm. Stockdale, Wm. Markham, Sec''. Sam" Richardson, Griff. Jones, 26 302 IVriNUTES OF THE It was y* sense of y* majority of This board, and Griff. Jones was desired to Deliver it to William Markham, that y' said Markham should Deliver y' seal and Records of y' County of Philadelphia to y' master of y*" Rolls, or his order. The Address of y' Justices ofy" County Court now sitting in Phila- delphia, was Read, Complayning against William Markham ffor not delivering y^ Reccords and seal of y^ Said County. adjorn ^ till to-morrow, 7 in y' morning. At a meeting of y" Council! in y' Councill Room in Philadelphia v' 5 7 Mo., 1690. PRESENT : THOMAS LLOYD, Presid*. John Symcock, , Griff. Jones, Barth. Coppock, Arth. Cook, Tho. Duckett, Gi iff. Owen, Wm. Yardly, Wm. Stockdale, \Vm. Markham, Se<-:'^. Sam" Richardson, A Letf was Read ffrom Cadwallader Jones, Gover' of New Pro- vidence, bearing date firom thence y' 30"' July, 1690, with a Procla- mation ffrom y" sad Gover' to Incourage those who has any Claime an y land there to Returne. Tho Address of y° Justices of y' County of Philadelph. ffor h fFurther Strengthning y' Authority of y' watch was Read. The board Returned Answer that they well approved of Their address, and shall give due Continance to y^ Same vpon all occasions. It was putt to y"" vote whether Wm. Markham should bring y" seal and Records of ■v° County of Philadelphia and Deliver y'' same vp to this board : it was Carried in y" affirmative Wm. Markham, by Consent of y" board, Entred this for his Reply: that he was Keeper of y° Rolls and seal by Commission, diu'ing good behaviour, and his Commission not being Legally vacated, nor any misbehaviour laid to his Charge, he thinks it his duty to Keep lhinguedinem in sehabenlibus ab antique dejure vel consuetudine ad nos quovis modo pertinentibus aut spectantibus sen aliquo modo consuetis eadwnque wreccum maris ac bona debita et catalla et cae- tera praimissa omnia et singula una cum omnibus et omnimodis linibus mulctis exitibus forisfacturis amerciamentis redemptionibus et rccog- nitionibus quibuscunque forisfactis sen forisfaciendis et poenis pecu- niar vs pro transgressionibus delictis injurys extorlionibus contemptibus accalys malcticys quibuscunque vel proaliqua re materia sen causa quacunque impositis vel inflictis in-ponendis vel in fligendis qualiter- cunque in Dictis provincia nostra Eburaci et territorys eideni dcpen- dentibus in America, viz : Colonys De Jersey orientali et Occidentali, Provincia Pennsilvaniae, et Regions Novi Castri ac omnibus terrarum tractibus et Territorys eisdem dependentibus et partibus maritimis corundum et eisdem adjacentibus quibuscunque in aliqua Curia admi- ralitatis nostrae ibidem tenta sen tenenda presentatis sen presentandis assidendis allerendis forisfaciendis senadjudicandis. Ac etiam una cum amerciamentis exitibus finibus perquisitis mulctis et poenis pecuniarys quibuscunque ac Ibrisfacturis quarumcunquc recognitionum coram Vobis vestiove Locumtenente deputato vel deputatis indictis provincia nostra Novi Eboraci et Territorys eidem dependentibus in America, viz : Colonys do Jersey orientali et occidentali, provincia Pemasil- vanise et Regione Novi Castri; ac omnibus Terrarum Tractibus et Territorys eisdem Dependentibus et partibus maritimis eorundem et ysdem adjacentibus quibuscunque audiendis et terminandis assignatis sen assignandis contingentibus sen impositis aut imponendis vel in fli- gendis sen aliquo modo assidendis, afterendis forisfaciendis sen adjudi- candis aut aliquo modo occasione pra.'missorum Nobis vel Hercdibus sen Successoribus nostris in eaparte qualitercun(]uc Debitis sive De- bendis quibuscunque pretendum exigendum, Levandum Capiendum, Colligendum recipiendum et obtinendum acad usum nostrum at officy magnae Admiralla nostrae Angliae pracdict pro tempore existente cus- todiendum et conservandum. Ac insu])er recognitioncs Cautiones obligationes et sti|)ulationes quascunque tam ad usum nostrum quam ad quarumcunque partium instantiam pro Conventionibus sen debitis ac a\ys causis quibuscuuque capiendm casque executioni ponendem 308 MINUTES OF THE ct exequi faciendm et mandandum. Nee non naves personas, res, bona, merces, it mercimonia qufECimque pro praemissis et eorum quolibet acalys causis quibuscunque ea concernentibus ubicunque Locorum per dicta p ro vinciam nostram Novi Eboraci et Ter ritoria eidem dependen- tia in America, viz: Colonias de Jersey orientali et occidentali, pro- vinciam Pennsilvanise et Regionem Novi Castri ac omnes terrarum tractus et Territoria eisdem dependentia et partes maritimas eorundem et eisdem adjacentes quascunque infra Libertates et ifrancheiss vel ex- tra fuerint inventa sen reperta Atque etiam pro alys Conventionibus causis sen debitis quibuscunque qualitercunque contractis sive emer- gentibus dum modo bona sen catalla sen personae debitorum reperian- tur infra jurisdictionem nostram prcedictem juxta Leges Civileset mari- timas et consuetudines ab antiquo usitatas realiter arrestandum et ar- restari faciendum et mandandum Spsasque cum suis emergentibus, de- pendentibus incidentibus, annexis et connexis Causis et negotys quibus- cunque unacum caeteris causis Civilibusetmaritimis atque querelis con- tractibus et alys praemissis omnibus et singulis quibuscunque Superius respective expressis juxta Leges et consuetudines praedictas, acalys vys modis et modys Legitimus quibus melius Sciveris aut preteris audiendm examinandm disentiendm et fine debito Terminandm. Ac personas quascunque inea parte prout casus exiget comparere et respondere cum cujuslibet Coertionis temporalis alteriusque poenae et mulctao potestate juxta Leges et consuetudines praedictas compellendm ac justi- tiam faciendm et ministrandm etiam juris ordine servato sen velo Le- vato sine Strepitu et figura justitiae sola facti et rei veritate inspecta procedendum Reosque et Contemptores ac juris sen Jurisdictionis admiralitatis nostra? violatores et Usurpatores delinquentes et contu- maciter absentes Nam Ceros Marinarios Remiges piscatorcs nanpe- gos et alias operarios et expertos quoscunque res Nauticas quascunque exercentes juxta jura statuta Leges Ordinationes et consuetudines ab antiquo observata mulctandm Corrigendm puniendm Castigandm et reformandm ac in quibuscunque Carceribus infra provinciam nostram Novi Eboraci et Territoria eidem dependens in America, viz: Colo- nias de Jersey orientali et occidentali, provinciam Pennsilvaniseet Re- gionem Novi Castri ac omnes terrarum tractus et territoria' eisdenn o dependentia predict existenti bus incarccrandum etincarcerari faciendm et mandandm Incarceratosque quascunque inea parte qui deliberandi fuerint deliberandum et penitus cxonerandum et exonerari faciendm et mandandum, Flumina que publica portus rivos et aquas dulces et Crecas quaecunque infra Jurisdictionem Nostram maritimam prae- dictam ubicunque Locorum in Dictis provincia nostra Novi Eboraci et Territory s eidem dcpendentibus in America, viz: Colonys de Jersey orientali et occidentali, Provincia Pennsilvante et Regione Novi Castri, ac omnibus terrarum tractibus et territorys eisdem dcpendentibus et partibus maritimis eorundem et eisdem adjacentibus quibuscunque ex- istunt pro Conservationetam Classisnostrae ac Classium etNavigiorum Regnorum et dominiorum Nostrorum praedictorum quam piscium in eisdem fluminibus et Locis pracdict crescentium quorumcunque Nee Non jura statuta Leges, ordinationes et consuetudines ab antiquo ob- servata in dictis provincia Nostra Novi Eboraci et Territorys eidem PROVINCIAL COUNCIL. 309 dependensin America, viz: Colonys de Jersey oricntali et occidentali, provincia Pennsylvaniaeet Rngione Novi Castri ac omnibus tenarum tractibus et Territorvs eisdem dependentibus et partibus maritimis corundum et eisdem adjacentibus quibuscunque conservandum et exequi et conservari faciendin omniaque et singula alia iaciendm cxercendm expediendm et exequendum in pracmissis et eoruni quolibet prout de jure et secundum Leges et statuta Ordinationes et Consuetudines prae- dict flierint facicndm. Ac in super Retianimis stricta acalia ingenia sive Instrumenta quaecunque illicita circa prensionem piscium ubicunquc Locorum per mare aut flumina publica portus, rivos aquas dulces sen Crecas quaecunque per provinciam nostram Novi Eboraci et territoria eidem dependens in America, Viz: Colonias de Jersey orientali et occi- dentali, Provinciam Pennsilvaniae et regionem Novi Castri ac omnes terrarum tractus et territoria eisdem dependentia praedict et partes maritimas corundum et eisdem adjacentes quascunque infra jurisdic- tionem nostram praedictam ubicunque Locorum per aquam Occu- pata sive exercitata ac Exercitatores et occupatores eorundem jux- ta jura statuta Leges ordinationes et Consuetudines praedicta pu- niendm corrigendm et reformandm, Sententiasque et decreta quae- cunque fulminandum promulgandm et interpenendm, Eaque execu- tione demandandm cum cognitione et jurisdictione quarumcunque alia- rum Cavsurum civilium et maritimarum, quis sunt maris sen quae mare vel maris pertransitum sive passagium aut Iter navale sive Viagium maritimum vel Jurisdictionem nostram mantimam supradictam sen Loca vel Limites admiralitatis nostras praodictjE et Cognitionem antedictam ac alia quaecunque expedita vel expedienda quovis modo (^oncernunt sen respiarint etiam cum potestate procedendi in eisdem jnxta jura statuta Leges, ordinationes et consuetudines prtedicta ab an- tique usitata tam ex officio mero mixto vel promote quam ad alicujus partis instantiam prout casus exiget et expediens visum fuerit, Et etiam cum Cognitione et decisianede wrecco maris magno sen parvo ac de morte submersione et Visu corporum mortuorum quarum cunque personarum in mare vel Fluminibus publicis portibus aquis dulcibus sen Crecis quibuscunque infra fluxum maris et aquae ad plenitudinem perdicta provinciam nostram Novi Eboraci et Territoria eidem dependentia in America, viz: Colonias de Jersey orientali et occidentali, provinciam Pennsilvaniae et Regionem Novi Castri ac omnes Terrarum Tractus et Territoria eisdem dependentia et partes maritimas corundum et eisdem adjacentes quascunque vel alibi infra jurisdictionem nostram praedictam qualitcrcunque inter fectarum sive submersarum aut interficiendarum sen submergendarum sive murdera- tarurn vel murderandarum aut aliquo alio modo ibidem ad mortem devenientium ; Una cum cognitione de Mahemio in Locis prfedict infra Jurisdictionem nostram maritimam praedictam ac fluxum maris et aquae- ibidem contingenti. Cum potestate etiam puniendi delinquentes in ea parte quoscunque juxta juris exigentiam et consuetudines praedictas caeteraque omnia et singula quae in praemissis tantum et circa ea necessaria fuerint sen quomodo Libet opportima juxta et secundum Jura Statuta Leges, ordinationes et consuetudines praedicta faciendum exercendm expediendm et exequendm. Tibi de cujus fidelitateet Cir- cumspectionis industria plurimum in hac parte confidimus Vices et 310 MINUTES OF THE authoritatum Nostras in ct per provinciam nostram Novi Eboraci et tcrritoria cidein dcpcndcntia in America, Viz: Colunias de Jersey ori- cntali et oecidentali, provinciam Pennsilvanae ct Regionem Novi Cas- tri ac omnes lerrarum traclus ct Territoria eisdem dependcntia prae- dicta et partes maritimas eorundam ct eisdem adjacentes quascunque Atque etiam per omnia et Singula Littora maris fluminaque publica portus, aquas dulces RivosCrecas,ac brachia tam maris quarnlluminum I't Costerias quacunque dictorum provinciae Nostrae Novi Eboraci ct territoriorum eidem depcndentium in America Viz: Coloniarum de Jersey oriental! et oecidentali, Provinciae Pennsilvaniae et Regionis NoviCastri, ac omnium Terrarum Tractuum et Tcrriloriorum eisdem dependcntium et partium maritimarum eorundem ct eisdem adjaccnti- um quarumcunque infra Libcrtaics ct ffi-ancheiss ac extra Committi- mus per praescntes ac conccdimus. Cum potestate alium vol alios Deputatum sivedeputatos quoties Tibi expedicns visum fuerit Loco tuo in praemissis deputandi et Surrogandi Ac etiam cum potestate quoscunque alios officiarios et ministros pro dicto officio et exercitio ejusdem indictis provincia nostra Novi Eboraci et territorys eysdem dependcntibus in America, Viz: Colonys de Jersey orientali et oeci- dentali, provincia Pennsilvania ct Regions Novi castri ac oii:nibus Terrarum Tractibus et territorys eisdem dependcntibus et partibus maritimis eorundem et eisdem adjacentibus quibuscunque sub Te ne- cessarias idoneos et opportunos (Judice Registrario et ii.arrescallo exceptis) de Tempore in teinpus nominandi per ficiendi ordinandi assignandi facicndi et constitucndi (Salvo semper Jure Suprema Curije adniiralitatis nostrae Angliae Nee Non Indicis et Registrary ejusdm Curiae, Quibus et eorum altcri in aliquo nolumus dcrogare per prae- scntes, Et Salvo Jure cujuscunque Laesi et gravati per aliquam Sentcn- tiam Defmitivam, sive decretum Inter Locutorium in Curia vice admi- rallitatis provinciae nostrae Novi Eboraci et territoriorum eidem de- pendcntium in America, Viz: Coloniarum de Jersey orientali et oeciden- tali, provinciae Pennsilvanice et Regionis Novi Castri ac omnium ter- rarum tractuum et Territoriorum eisdem dependcntium pra;dict ferendni adSupremam Curiam admiralitalis nostrae Angliae predict appelandi) Teque praefatum Benjaminum Fletcher armigerum Vice admirallum Commissarium ac Deputatum nostrum in Officio Vice admiralitatis in provincia nostra Novi Eboraci etteri itorys eidem dependcns in America, Viz: Colonys de Jersey orientali et occidental!, provincia Pennsilvaniae et RegioneNovi Castri ac omnibus terrarum tractibus et territorys eis- dem dependcntibus praedict et partibus maritimis eorundem et eisdem adjacentibus quibuscunque; Una cum omnibus et Singulis feodis pro- ficinis advantagys, emolumenlis Commoditatibus et pertinentys qui- buscunque eidem officio Vice Admiralli Commissar}'- et Deputati in dictis provincia nostra Novi Eboraci et Territorys eisdem dependens in America, Viz: Colonys do Jersey orientali et oecidentali, provincia Pennsilvaniae et Regione Novi Castri ac omnibus terrarum tractibus ac territorys eisdem dependcntibus et partibus maritimis eorundem et eisdem adjacentibus quibuscunque Juxta ordinationes et statuta Su- premae Curiae admirallitatisnostrsDAngliae praedict debitis et spectanti- bus Ordinamus proficimus et deputamus per praesentes ad beneplacituni PROVINCIAL COUNCIL. 811 nostrum tantum modo duratur. Proviso tamen semper et subhac Lege el conditione Quod si Tu pra^fatus Bcnjaminus Fletcher armiger, Nos et Locum Tenentem nostrum suprcmac Curiae admirallitatis nostrae Angliae et indicta Curia et officialem principalem ("ommis- sariumqiie Generalum et Spccialem ac ejusdem Curiae praessden- tem et Indicem de omni eo quod de tempore in tempus vigore praesentium feceris, execulus fueris,colligeris autrcciperis in praemis- sis vel praemissoram aliquo annuatim, Viz: in fine Cujuslibet anui in- ter festa Sancti Michaelis x\rchangeli et Omnium Sanctorum, Cum pie- no et fideli Computo Superinde sub authcntica forma conficiendo, ac Sigillo officv Nostri in Custodia tua rcnianente Sigillando debite non certificavcris et certiorem rcddi feceris cum offertu, Extunc et postde- faltam in ea parte, hujusmodi Litera nostrae Patentes de officio Vice admiralli prccdict Tibi ut p' fertiri conccssae vacua et irrita erunt nul- liusque ro boris aut ofFertus, Mandantes omnibus et Singulis proceri- bus Justiciarys majoribus Vice Comitibus Capitiancis Sencscallis Bal- livis et Custodibus Goalarum et Carcerum nostrorum quorumcunque et Constabularys cacterisque ministris et fidelibus subditis et Ligeis nostris quibuscunque et eorum cuilibet lam infra Libertates sen fran- cheiss quam extra Quod Tibi et Deputato Tuo cuicunqucalysqucfoffi- ciarys ejusdem vice admirallitatis nostrae in provincia nostra Novi Eb'iraci et territorvs eidem dcpendenfibus in America, viz: Colonys de Jersey oricntali et occidentali, provincia PennsilvaniaeetRegione Novi Castri ac o'linibus Terraruni tractibus et territnrys eidem dcpenden- tibus prsedict et partibus' inaritimis eorundni el eisdni adjacenlibus quibuscunque per Te assignatis sen assignandis circa exocutioneia praemissorum et eorum cujuslibet intendentes faventes auxilianles pa- rentes pariteret obedientcs sint. in omnibus prout decet subpoena juris et periculo incumbcns. DatuTi Londini in Suprema Curia admirallita- tis nostrae Angliae sub sigillo ejusdem magno. Decinmtcrtio die mensis, 7 Anno Dui Millesimo Sextcntesiino, Regnique Nostri Quarto. 3 nonagesimo secundo. ORLANDO GEE, Reg. Eius. „,,. BSNJA?vIIN FLETCHER, Captain Generall&Gc '^fif^'f^ vernour in Chief of th« province of Nevv-yorke, province B^Aj0C of pennsilvaniaj Countrey of New Castle & the Territo- ^^^^.(? ries & Tracts of land Depending thcron, in America, Un- ^^^x-i.^ der their majesties, Wm. & Mary, by the grace of God, of England, Scotland, France & Ireland, King"&; Queon, dcfcndrs of the faith, &c.. To William Markham, Esq'.,Lciu' Govern'' of pcnnsilva- nia & the Countreys of New Castle, greeting: By vi' tue of the power & authoritie granted me by our Soveaii-in Lord & Lady, Wni. & Mary, by the grace of GodJ of England, Scotland, franco & Ireland, king &" Queen, defendrs of the faith, &c., under the great seal of their Ad i.ir;ilty, Constituting &, appointing me Vice Adinirall of the province of Newyorke, Colonyes of East v!t West .lersey, province of pennsilvania et Countries of New Castle, &c.: And reposing speciall trust in yor fidelitie in this behalf, I doe by there presents Constitute 312 MINUTES OF THE & appoint you my deputy or Surrogate in the sd office of vice admi- rall, so farr as it is extended over the s"* province of Pennsylvania & Countrey of new castle, And doe by these p'nts give & grant unto you, the s*^ Wm. Markham, full power and authoritie to doe, execute II rp t T7 ™ Lawrence Cock, ,-« r, Rob' Turner, ^Esq". Wm. Salway. >^''l' rat. Kobmson, J J Samuell Carpenter being offered the office of Justice of the peace, Refused. Griffith Owen, a former Justice, in Like manner did refuse. Anthony Morris did Subscribe the declarations, and Solemnlie pro- mise to execute the office of a Justice ot peace in the Countie of Phila- delphia. Joseph Wilcox and Joseph Fisher did refuse the office of a Justice of peace. Jacob Hall and Andrew Bankson took the oaths p, „ Pat. Robinson, S ^^ ' Wm. Clarke, 5 ^^^ • Upon reading of the petition of William dennis, Complayning of Cornelius Empson, Ordered the said Empson have a Copie of the petitioner's Com- plaint. His Excell. did order the Councill to resolve themselves into a Com- mittee, to Consider what may be proper for his Excell. to offer to the Assembly. } [15* May, 1693. Att a Councill Held att Philadelphia on Safuruday the 13"" of May, 1693. PRESEXT : His Excell. BENJAMIN FLETCHER, &c. W jr. Markham, Esq'., Leiv' Governo''. Robert Turner, Laurence Cock, ^ Esq" Wm. Clarke, George Forman Had the oaths & Test, & oath of a Justice of peace for the Countie of Chester, administred unto him. John Child had the oaths and test, and oath of the office of Coun- tie Clark of Chester, administred unto him. Jeremiah Collet, Thomas Smith, and Thomas Withers, did sub- scribe the declarations & profession of the Christian faith, and so- lemnlie promised to performe the office of a Justice of peaco for Ches- ter Countie, according to the substance of the oath of that office. John iSimcokc, John Bristow, George Merris & Wm. Jenkins, former Justices of the peace in the Countie of Chester, did give a dila- toric answer to his r>xccll. proposall to have them continued iji that office. Jonathan Hayes, Robert piles and Randall Vernon, did refuse the office of Justice of the peace in Chester. Gilbert Wheeler and Joseph Wood took the oaths and Test, and office of a Justice of peace for Bucks Countie. Rob' Cole took y' oaths & test, & oath of Clark of the County of Bucks. 336 mNUTES OF THE [IS'" May, 1693. Att a Councill Held att Philadelphia on Moonday the 15"' of May, 1693. PRESENT : His Excell. BENJAMIN FLETCHER, &c. William Markham, Leiv* Governo'. Andrew Robeson, 1 Lawrence Cock, 1 Rob' Turner, I Esq". Wm. Salway, |.Esq". Pat. Robinson, J Wm. Clarke, J John Brooke did subscribe the declaration and profession of the Christian faith, and solcmnlie promise to execute the office of a Jus- tice of peace for Bucks Countie. William Rodeney had the oaths and Test, and oath of Clarke of the County of Kent, administred unto him. [16* May, 1693. Att a Counciil Held att Philadelphia on Tuesday the 16"" of May, 1693, His Excell. BENJAMIN FLETCHER, &c. William Markham, Leiv' Governo". Andrew Robeson, "j Wm. Salway, Robert Turner, I Esq". John Cann, Pat. Robinson, J Wm. Clarke, George Forman Had the oaths and Test, and oath of a privie Coun- cillor for this province, administred to him, & by his Excell. was ap- pointed to take place att the Councill board. i^ay, 1 m 1, k^sq". 1 [S'' June, 1693. Att a Councill Held att Philadelphia in the Livet. Governor's house on a Saturuday 5'^ of June, 1693, about ten in the morning. present: WM. MARKHAM, Esq'., Livet. Governo'. Andrew Robeson, i William Clarke, ? p « Robert Turner, > Esq". George forman, S William Salway, y pat. Robinson, Secry. Ordered that Jn" Claypoolc, Sheriff of Philadelphia, doe forthwith attend att the market place with the Constables, the publication of the new Laws from their Originalls, under his Excell. hand, and of the PROVINCIAL COUNCIL. 337 petition of right, & List of Laws tliorin contained, and the conclu- sion therof, and the ans' given therunto under his Excell. hand, which were accordinglie published. Adjourned to the afternoon. POST MERID. Post Meridiem. Prsesentibus Sicut antea. Upon the reading of a Letter directed to the Livet. Governo' from Jn" Hill, Esq'., sheriff' of Sussex Countie, dated the 29'" day of May. 1693, mentioning that upon Thursday next Last, Silvester garland brought him two silver cupps, mark't I B, and the other I A, which upon further inquirie, were known to be John Bellamie's, wherupon the said John Hill apprehended the said Indian, who upon examin said that his children found them in grubbie neck. Hee tells hee has him in Custodie in Irons, & desires the Live' Governor's advice y'in, & by what means hee may be discharged of him. Ordered that Wm. Clarke, esq'., in his return home take w' him the sd Silvester garland, by a warr'., & that hee examin the sd Indian befor the sd garland, as also the sd garland, & return the sd exami- nan to the Live' Govcrno'' & Councill, and to continue or discharge ym as hee, the sd Wm. Clark, shall see cause. [5'" June, 1693. Att a Councill, Heldatt philad.ona Moonday y" 5*^ of June, Annoq domi. 1693. present: WILLIAM MARKHAM, Esq'., Live' Governo'. Andrew Robeson, ? p, m George forman. Esq'. Robert Turner, S * Pati. Robinson, Secrj. The Livet. Governo' and Councill being informed ofthe arrival! of the Briganteen Ann from Barbadoes, & y' the M'., George Stiles, was Lost att sea, did call befor ym the briganteens Compa. & passengers, to give an acco'of his death, whether it was casuall, or whether anie on board was instrumentall therin. Emanuell Marius, a Spaniard, deposed that being Saillor aboard the sd briganteen, came outt from Barbadoes about 5 weeks agone, th'^ir Compa. consisting of the sd M'. another Seaman, who was prest from them by a man of warr 3 daycs after they came thence, Christopher Hodges & the deponent; when they were in sight of land, 8 Leagues southward of the capes of delaware, wind Southeast, they gybed, and the boom knock't the sd M'. overboard, & the deponent saw him in the sea, & imcdiatlie they ciitt the boat Lashes &gott outt after thcM". and saw theSharkei byte his hatt, and as they came up to him w' the boat hee sunk: the deponent said that the M'. had no wife, & nothing on board but a few old cloathes & instruments, & that hee, the deponent, cannot take au obsej'van, and knows onlie the North Starr. 29 338 MINUTES OF THE Christopher Hodges deposed, that this accident happened of the 25"" day of May Last, between the hours of 4 & 5 in the afternoone, after they had made land and ran to it, & came below the Inlett, and then the M". did bid us get readie the anclior and drop it, thinking it was the whorkill. Ned Burch, a passenger, & shoemaker by trade, being at the Helme wher the M^, as he was showing him which wind to keep, brought the saill to gybe & struck Burch, whois head was a little above the deck in the steridge,and struck the M^, who was stand- ing aloft, quite overboard; &that this deponent saw hisheells turn over his head, & so fell overboard and cryed to bring the vessell too, which they did, and gott outt the boat, & flung outt a barrell, & the passen- gers flung outt ropes, but hce could gett hold of none of ym; they saw him swim, and att Last sunk, just as they gott to him, & also deposed the substance with the Spaniard. Elizabeth Cruikshank & Jean Yelden, passengers, deposed much to the same purpose, and that the M'. was Lost accidentallie. [6'" June, 1693. Att a Councill Held att philad. on a Tuesday 6* June, 1693. tresent: WM. MARKHAM, Esq\, Livet. Go^ Andrew Robeson, } j^ „ William Salway, ? p „ Robert Turner, S ^^"^ ' William Clarke, 5 ^'^''^ ' Pat. Robinson, Secrie. Ordered that Tuesday next it be considered att what place of tbc towne the public markett shall be keept. [IS"" June, 1693. Att a Councill Held at philad. on a Tuesday 13'" of June, 1693. present: WM. MARKHAM, Esq^, Livet. Governo'. Esq' Andrew Robeson, 1 Lacey Cock, Rob' Turner, I Esq". Wm. Salway, ^ Wm. Clarke, J Pat. Robinson, Secry. Robert Brett, Clark of the market, appointed by Comission from his Excell. Benj" fllctcher, &.c. having made some proposalls to the Livet. Governor and Councill about regulating the markett att Phila- delphia, Ordered that it be deferred untill it be known what are the Customs of ncwyork about the dark of the market & his fees, and that the market place be then also established. Upon Complaint made to the Livet. Governor & Councill, that softie of the LateCountieClarks of the province and territories wold not de- liver up to the succeeding C larks Commissionated by his Excell. th« PROVINCIAL COUNCIL. 339 records, minutes, rolls, files & ordrs of their rexive Courts, wtout an order, Ordered that the Secrie issue this order. Sub' by him, by ordr of Councill, for all the said Clarks to deliver up to the Succeeding C larks Comissionated by his ExccU. all the records, minutes, rolls, files and orders of their rexive Courts, by Indenture, to be made be- tween the former and succeeding Clarks, as they will answer the same att their perrill. [20'Mune, 169S. Att a Councill Held att philad. on a Tuesday y' SO"" of June, anno dui 1693. PRESENT : VVM. MARKHAM, Esq^, Livet. Governor. Andrew Robeson, 7 ^ „ George Forman, Esq'. Robert Turner, 3 ^^ * pat. Robinson, Secrie. George Seith Having presented a petition. Setting forth that hee had been aspersed by some in this province, as having behaved him- selfe offensivlie ag' the governnV, & particularlie by Thomas Lloyd, Sam" Jennings, Arthur Cooke, & Jn" delavall, in a Lett' from them to him, bearing date the 26"' of 10">Mo., 1692, to the Liv' Go^ & Coun- cill produced, wherin they accuse the said George of being Crazie, turbulent, a decryer of magistracie, and a notorious evill Instrument in Church & state, with manie other Severe expressions of that na- ture, and therfore requested a Certificate of his good behaveour. Ordered that a Certificate be drawn and Signed to the petitioner; which was accordinglie done, and two of them Signed by the gentl. of the Councill then present: a Copie of the petitn, letter and Certifi- cate, remain on the files of the Councill. [26* June, 1693. Att a Councill Held att philad. on a Moonday the 26' of June, 1693. present: WM. MARKHAM, Esq'., Livet. Governo'. Andrew Robeson, } p, ^ Lawrence Cock, Esq'. Robert Turner, 5 ^^ * Pat. Robinson, Secry. Upon reading of the petin of divers of the relatns, friends & neigh- bours of derrick Johnson, a prisoner Condemned to dye. The sd petion containing in it reflecting matter relating to the triallof thesd derrick, was rejected, Which the Livet. Gor. & Councill imputed to the drawer of the "pelin, (supposed to be Jn" White,) & not to the petitioners, whom the Livet. Governor and Councill excused, because of their Ignorance 340 MINUTES OF THE And thcrafter, upon the petitn of Brighta, the wife of the sd derrick, begging the favor from the Livet. Governor of some support to her- selfe and poor children, The Livet. Governor told ym he wold inter- cede for ymto his Excel 1. Benjm. flletcher, upon that accompt. [27* June, 1693. Att a Councill Held att philad.on Tuesday 27'" June, 1693. PRESENT : VVM. MARKHAM, Esq^, Livet. Governo^ Andrew Robeson, ) -p ^ Geo. Forman, Esq'. Robert Tiu'ner, \ ' ' ' ])at. Robinson, Secric. Upon reading the petition of Edward Burch to the Livet. Governor, setting forth, That having Sailled from Barbadoes in the barkenteen Ann, George Stiles, M'., & onlie one man and a boy more belonging to her, the petition' and his servant being to have their passage for their Labour: that the M", to the Southward of Cape Henlopen, was cau- sually knockt over board and Lost, to the hazard of the shipp, goods & passengers, and that att the desire of tlie people on board, the peti- tioner, with great hazard of his Life, went ashoare, & for saving the Life of the people, & for preserving the vessell and cargoe, did agree with a person to pylot her to some safe harbour, and to give him twen- tie pounds, and having had an easie & speedie passage into the whore- kills, the said pylot was willing to take ten pounds sterling, which the petitioner accordinglie paid, & took his receit for the same: Andyrfor praying that the owners or present M"" of the sd vessell may repay the said monies, & to allow some reasonable reward for his extraordi- narie service, care and danger, &c.: M' Jasper Yeates, to whom the sd vessell was Consigned, being called, and having had the sd petin read to him, and alledging that the passengers promised the petitioner fourtie Shillings p head for his care, It was ordered that the owners of the said vessell should pay back to the petitioner the said sum of ten pounds, & that hoe might take his remidie att law for the fourtie shillings phead, promised to him by the passengers. Upon the petition of the Inhabitants of the townshipp of Chelten- ham, in Philadelphia Countic, for a convenient roade to the towne of Philadelphia, while it mav be done without injurie to the improvments of the Inhabitants : As also, for a convenient I'oade from the most inhabited part of the said townshipp, to Germanlowne. Ordered that the petitioners acquaint the Surveyor generall to at- tend the Councill the y"' of July next, to informe about the conve- niencie of the said road. Upon the petition of the inhabitants of Chester, to order the divi- sion of thesd Countie from the Countie of New castle, for want of which the petitioners Have long suffered, Ordered that one or two persons of each Countie doe attend tho PROVINCIAL COUNCIL. 341 Coimcill the yth of July next, in order to inform the Councill of the true state of that affair. Upon the petition of phiHp England, Setting forth that wheras his Excel ly. Benjamin Fletcher, did confirm the proprietor's License for keeping a fcrrie over Skuillkill to the petitioner, forbidding anie other to act thcrin att their perrill ; And that notwithstanding therof, Wm. Powell does ferrie people over the Skuillkill, to the petitioner's damage, &l yrfor requesting the said Wm. Powell may be supprest, Ordered that the Secry. Issue outt a warrant, to be served on the sd Wm. Powell by the Messenger, to appear before the Councill the 18'^ of July next, to make ans" to the sd Charge. 11* July, 1693. Att a Councill Held att Philadelphia on a Tuesday, the yth of July, 1693. PRESENT : WILLIAM MARKHAM, Esq\, Livet. Governor. Andrew Robeson, Esq^ Rob' Turner, Esq'. Patrick Robinson, Secry. The paucity of Justices of the peace for this Countie being repre- sented to this board by some of the members yrof. It was thought fitt that between this & the 18* instant, John Jones & Joshua Carpen- ter should be desired to be present the IS* instant at this board. Upon the petition of Edmond Lassell to the Livet. Governo'' and Councill, setting forth that he has been 3 years agone prosecuted about making of monie, upon the evidence of persons att that time. Convict for the same crime, and yrfor requesting that upon his giving securitie for his good behaviour, hee might have Libertie to come into Philadelphia to pursue his calling. Ordered, That by reason of the uncertaintie of this pctin,that the petitioner be Left to his course att law. Upon the petin of Israeli Taylor, Joseph Taylor and Jn" Buzbie, setting forth That Robci t Turner havino- had the administran of the estate of Christopher Taylor, their father, Comitted to him by the then Ordinary, 12 mo. agone, and that hee hath done little in it, to the petitioner's great damage ; And yrfor Requesting that the sd Rob' turner may be ordered to prosecute the sd business as farr as in him lies, otherwise the petitioners will be grcatlie damnified. Ordered, That if the sd Rob' turner doe not, with as much cxpedi- ton as the Law will allow, perform the dutie of an administrator yrin. That another be appointed in his roome. Upon the Request of some of the members of Councill, that an ordr made by the Court of Quarter Sessions for the Countie of Phila- delphia the 4''' July instant, (proceeding upon a presentment of the grand Jurie, for the bodie of the sd Countie,) ag'tlic tumultuous gath- erings of the negroes of the town of Philadelphia, on the first dayes of the wceke, ordering the Constables of Philadelphia, or anic other 29* 342 MINUTES OF THE person whatsoever, to have power to take up negroes, male or female, whom they should find gadding abroad on the said first daves of the week, without a tickett from their M''., or Mris,or not in their Compa, or to carry them to goale, there to remain that night, & that without meat or drink, & to Cause them to be publickly whipt next morn- ing, with 39 Lashes, well Laid on, on their bare backs, for which their sd M'., or Mris. should pay IS*" to the whipper att his de- liverie of ym to yr M'., or Mris. & that the sd order should be Con- firmed by the Lievt. Governo'' and Councill. The Lievt. Governo"" & Councill Looking upon the sd presentment to^jroceed upon good grounds, & the ordr of Court to be reasonable & for the benefit of the Inhabitants of the town of Philadelphia, & that it will be a means to prevent further mischeifes that might ensue upon such disorders of negroes, doe ratifie & comfirme the same, & all per- sons are required to putt the sd ordr in execu'n. Upon the presentment of the sd grand Jury for the want of a Chan- nell to Convey y'' water each way along the front street, between Chess-nutt-street & Wall-nutt-street,& upon the ordr of the sd Court that the Inhabitants between the sd streets on each side of the way should represent the same to the Livet. Go' & Councill, Ordered, That the IVIess'' of the Councill, by ord' from the Secrie, doe Summon all the inhabitants on both sides of the street from Chess- nutt to Walnutt-street, to attend the Councill the 18"" instant, in ordr to be heard in the sd matter, and to know the Livet. Governor and Councill's minds therin. [IS*" July, 1693. Att a Councill Held att Philadelphia on a Tuesday the 18* day of July, 1693. present: WILLIAM MARKHAM, Esq\, Livet. Governo'. Andrew Robeson, ^ p ^ Lawrence Cock, Esq'. Robert Turner, ^ ^^ * Pat. Robinson, Secry. Upon a former petn to the Livet. Governor &; Councill, held 27'" June Last, by philip England ag' Wm. powell, for ferrying people over Skuillkill to the petitioner's damage. It was then ordered thatsd powell should be Sumoned by y" mess' of the Councill to attend ym this day to ansr the sd charge. The sd Wm. powell appeared & for his justificaon produced a paper wherin the grand Jurie for the Coun- tie of Philadelphia, held the 7"' of the 4"" mo. 1692, presented thecon- veniencie of another ferry att Wm. powcll's on the Skuillkill, which ihe sd Court allowed, approved, and thought convenient that it should l)edone accordinglie. To w"'' the Livet. Governo' ansred that y' was no authoritie for him to keepe a ferric there in prejudice to the ferrie established by the proprietor. But therafter the sd Wm. powell an- swered That he wold desist from & leave off ferrying over people att that place, & that none else under him should ferrie any people over from his J^and for anie reward, And which the Livet. Governo' strictlie charged him to observe att hispcrrill. PROVINCIAL COUNCIL. 343 Robert Brett Having made known to the Livet. Governo' & Coun- cill that he had a Comission from his Excell. Go' ffletcher, for Clark of the market of Philadelphia, Requested that they wold establish suteable fees to the said office. Ordered, That the Clark of the market for the sd towne shall & may receive for ali Cattle killed for the market Sixpence p head; for everie sheepe, calf &; Lamb, two pence p head, for everie Hogg or shoot brought to the market or cutt outt for Sale there, three pence, And that nothing shall be paid for what the Countrie people bring to towne readie killed; And y' hee shall & may receive for Sealing of weights & measures, One pennie for each great or small. And they also Ordered, that all persons concerned should duely pay the Clark of the market the above said rates ; And that all Justices, sherriffs, Constables and other officers be ayding & assisting to him in the exe- cuon of his said office. According to an ord' of the Livet. Go' and Councill, of the y"" of Julie instant, John Jones and Joshua Carpenter having appeared, & the office of a Justice of y° peace being ottered ym, John Jones abso- lutelie refused the same: Joshua Carpenter accepted, and did take the oaths appointed by act of parliament to be taken instead of the oaths of allegiance & Supremacie, & subt. the test, & took the oath of a Jus- tice of the peace. In obedience to a fornf order of Councill, dated yth instant, some of the Inhabitants betweene Chess-nutt & Wall-nutt street, did appear, viz: Griffith Jones, Sam" Carpenter, Anthony Morris, Alex" Beardslie, Nath"Sykes, Humphrey Morrey, Rob' Ewer, Joshua Carpenter, Tho. Marie, who did represent their willingness to have a Channell in the 4nidst of the street to convey the water both wayes along the front street, between the sd two streets, qrby the nusance between the sd two streets might be remedied, and did desire that since they could not agree among ymselves about the manner of it, That the Livet. Governor & Councill wold take such Course yrin as might be Com- pulsorie, & binding upon ym & the rest of the freeholders between the said two streets. Ordered, That Anthony Morris, Joshua Carpenter & Alex' Beards- lie, doe oversee & order the doing of tho sd workc, with all expedtn & y' they take such advice & assistance y'in as they shall think fitt, and that the charge be laid equallie & proportionablie upon the free- holders on each side of the way between the sd two streets. [SO'" July, 1693. Att a Councill Held att Philadelphia on a Thursday the 30"" of July, 1093. PRESENT : WM. MARKHAM,Esq'., Livet. Governo'. Robert Turner, ? p r. Pat. Robinson, secry. Lawrence Cock, > * 344 MINUTES OF THE Israeli Taylor, sheriff of the County of Bucks, Having been Called before the Livet. Go' & Councill to give an aco' of the estate of der- rick Jonson, Lately sentenced & executed for murdering an unknown person; And whether he had observed the Law relating to the estates of persons executed for murder; And why hee went from towne with- out taking full Instructions about the said estate ; And why hee had disposed of some parts of the sd estate Contrarie to the instructions he had received from the Livet. Governo''; To all which Hee an- swered, That hee had not Inventoried the sd whole estate ; and that hee had taken some part of it, but liad not meddled with the widdow & children's half part ; and that hee had disposed of «ome of the movables; and that hee had paid no flees but conditional- lie, to be repaid him if demanded; and that hee had great trouble about it; And that hee had procured to himself manie enemies on the acco' of his office; and after a perremptorie manner, desired to be dis- mist from the same: From which the Livet. Governo'' did dismiss him from that time. Ordered, That Israeli Taylor doe bring in the Inventorie of the es- tate of derrick Jonson, and the apprizmcnt therof, with a particular acco' how, in what manner, to whom and for what, hee has disposed of the same, by the 13"' of August next; which heo promised to doe befor y' time ; and further added, that hee could give a true &. just accompt of the same. Ordered, That a Bill of Charges of 7£, 15S, & 5d, disbursed and brought in by Rob' Cole for saving, reaping and securing the Cropt of Corne, be paid him out of the sd estate of derricke Jonson, with something for his ownc pains, travcll & cxpences. [1" August, 1693. Att a Councill Held att Philadelphia on a Tuesday the 1" day of August, 1G93. PRESENT : WILLIAM MARKHAM, Esq\, Livet. Governo'. Andrew Robeson, ^ „ Lawrence Cock, Esq'. Robert Turner, ^^ * pat. Robinson, Sccry. His Exccll. Benjm. Fletcher's Letf to the Livet. Governo' and Councill was this day read, & becaus of the thin Councill, It was ordered y' the same should be considrcd the 8"' instant in a full Coun- cill, And y' y' Secrie. give notice to as many of y* Councill to be then present as (by reason of their distance) can. Thomas Meaking, keeper of the (free schoolc in the town of Phila- delphia, being called befor the Lt. Go' and Council), was told that heo must not kccpe schoolc wtout a Licence. Ansrcdthat hee was willing to Comply, and to take a Licence : was thcrforc ordered to procure a Certificate of his abilitic. Learning & 9'" of August, 1693. present: Esq". WILLIAM MARKHAM, Esq'., Livet. Governo'. Andrew Robeson, "j John Cann, Rob' Turner, VEsq". Geo. forman, William Salway, J Pat. Robinson, Secry. His Excell. Bcnj" Fletcher's Lett' to the Lt. Go' & Councill having l)een read. It was Resolved that a particular ansr should be given to each part yrof & a minute made ©f the same. The 1" claus yrof begins thus : " After my Hcartio Salutaon, I ''doe recommend that you diligentlie intend the keeping of tlie peace *'in y' province dj Countrie Comitted to \or charge. I hope you will •' alwayes behave yo'selves w' that prudence, moderatn and justice in 346 MINUTES OF THE " yo' Scvcrall stations during my absence, that will justifie yo' Char- "acter& my choice," The Lt. Go' &, Council! did Resolve, That they wold, according to the outtmost of their power, skill & ability, perform their rexive duties yrin, and hope that no Imprudence, Immoderation or Injustice should-^je found amongst them, or exercised by any of them, towards the people or one another, soe as to Impeach their Character or Con- demn his Excellencies choice. To the 2^, viz: " If there be ajiy urgent necessitie for my presence "to assert their maties inter(>!st, and Confirm the peace &l quiet of the "subject, I shall be roadie to come amongst you att all times when " their maties other aflairs in the frontiers of this province will give " me Leave. I confide much in your care." The Lt. Go' & Councill are of opinion that att present there is none, for the people doe submitt to their maties government under his Ex- celly & the Lt. Go'', and are generallie Quiet under the same ; And their care that it may so Continue will not be wanting. To the S"", viz : "I wold have you send me a Copie of the proceed- " ings of that speciall Court of Oyer and Terminer, with all the " severall evidences that were given upon triall ag' the murderer who " is putt to death." Ordered That the secrie who was Clark to that triall, draw outt a fair Copie yrof, & of the depositns of the severall evidences, & Transmitt the same to his Excelly. To the 4"", viz: "I desire your care in Causing the penny in the " pound to be duly collected, and if any of the Representatives of " Assembly be backwards, Let me know their names and Residence." The Laying of the same, Appointing assessors, Collectors, and the bringing in the names of the Inhabitants, does go on with as much expeditn as may be in all the six Counties, and if anie persons con- cerned shall be found backwards or negligent to assist in making the same, ordered that their names & residence be transmitted to his Excelly, and that all possible care be taken to supplie that defect by all Lawfull means. To the 5*, viz: "It is my earnest desire that you take care to " suppress all faction, heats and animosities, and that by such prudent " methods and wayes as may most Contribute to the compassing the "end." Resolved, that as it hath been, so it shall betheLt. Go" and Coun- cill's care to suppress the same, and the discontents seem rather to decreasce than Increasce. To the sixt, viz : "I wold have you from time to time to give me " a particular acco' of all publick occurrences in the government, who, " or what, doth obstruct its peace & quiet, and what will most advance " the benefit yrof." Resolved that his Excellics desire therin be dulie answered. To the 7"", viz : "You know there is no Revenue fixed for support " of y'' maties governmen'; How my time & patience was wasted the " Last assembly to no purpose. I doe now desire yo' advice in the PROVINCIAL COUNCIL, 347 " calling of an assembly, if it may be Convenient, this fall,& that you " doe use yo' Interests to procure such Repsentatives as may be best " affected to their maties govern men'." This having been thorowlie debated, It is the Lt. Go"^ &, Councill's opinion, That in regard that it's now the high time of rating the tax Land by the Last assembly, It was not convenient to make anie Con- clusion. But Resolved, that when the rates are Laid and brought in. That this debate be Reassumed; Unless his Excclly will be pleased to give the Lt. Go' & Councill his reasons for having an assembly tills fall, which then shall be debated and resolved upon. Thereafter the whole Councill present Unanimouslie requested that the Lt. Go'' wold be pleased to write in his owne & their names a Letter of thanks to his Excell. for his sd Letter & care of ym & the province, & y''in to assure him of their loyaltie to their maties, of their obedience to their govcrnm', of their good affections to his E.xcelly, and their heartie inclinaons to maintain, promote &. advance all their just interests, &, of y" care «Si diligence to discharge the trust reposed in ym, though not after the strict rules & methods required of persons of better education, experience & Learning; yet after the generall rules of Comon Justice, which they earnestlie beseech his Excelly to accept of. Charles Butler's petion ag' David Lloyd (from the preceeding Councill referred to this) was read, setting forth : That when the sd David Lloyd was Clark of ye provinciall Court Held ths 24"" 7ber 1691, The petitionr was indicted foruttering & paying away several] peices of false monie, of false mixt mettall, to the Likenes of spanish Coyn, called peices of eight, wch hee sometime before made or Coyned in the Countie aforesaid. Intending craftilic, fais'.ie, deceitfullie &; trai- tourouslie, to defraud the king & his people, (wtout anie authority or Licence from the King & Queen to him given, ) Contrary to the Laws in such case made &; provided : And also, setting forth that the sd David Lloyd did add to the pettie Juries veredict ag' the petitioner, (&c.) which the Jurie apprehending & reproving, demanded up their veredict again, (with consent of the bench,) and went forth again, & agreed on & wrote down their veredict again in the former words, as before they had done, viz: Philadelphia the 26"' of y'T'^'mo., 1691. " Wee of the Jurie doo find Charles Butler guiltie of dispersing bad monie." Unto which the sd David Lloyd after that added, (&c.) whereby yor petitioner had sentence of misprision of Treason pro- nounced ag' him, viz : That he shall forfeit his goods and chattells forever, and the profitts of his Land during his Life, and be Impri- soned during his Life. And therfore, Requesting Releife. The said David Lloyd appearing, made ansr. That hee added no- thing to the verdict, and that the Records wch yrin has the, (&c.) added to their veredict, was made up after sentence past on the peti- tioner, & that the, (&c.) in the record to the veredict, was for forms sake, and yrfore could not be the caus of the sentence. Upon full debate hereof, the sd Complaint was found to have matter of Law in it ag' David Lloyd, not cognizable by the Lt. Go"" & Councill; 348 MINUTES OF THE yet thought the sentence of misprision of Treason verie severe ag* y° petition'', for being only found guilty of dispersing bad money. The Councill therfore desired his Excellencie, or in his absence the Livet. Governo'', on the petitioner's application to grant him a par- don. Upon the Complaint of Magister Jacobus Fabricius, the sweeda minister, That being blind, he was reduced to that povcrtie that hee had not wherupon to Live, Ordered, That the Church-wardens of their Church, have notice to appear att Councill the ffifteenth instant, to make ansr to the said complaint. In answer to the petion of the inhabitants of Cheltenham-Town- shipp, to the Lt. Go' & Councill, y'= 27* June, 1693 ; And of the In- habitants of second Dublin townshipp, the T' August instant, both requesting the Confirmaton of their roads from the sd respective townshipps to Philadelphia, Resolved, that the Comon road from Cheltenham townshipp to German townshipp, & from Cheltenham Townshipp to Philadelphia, and from 2'^ dublin townshipp to Philadelphia, (commonlic called Walter King's road) bo & are hereby confirmed to be the high and Comon roads, provided they have been such for foure years Last past; And that the said Cheltenham road extend up into the Countrey to peter Chamber-Lains; And that the overseers of the Highwayes clear the said roads according to the methods prescribed by Law. Upon the petion of philip England, setting forth that he hath a Licence for the ferric att Skuillkill p „ William Salvvay, Esq'. Robert Turner, ^ ^ ' Pat. Robinson, Secry. Upon the petion of the Inhabitants in and about the Townshipp of South-hampton, Requesting the King's road already Laid outt from the falls to South'-Hampton, to be Laid outt & continued fronn South- hampton to Philadelphia, by the Surveyor generll, with the assistance of the neighborhood, and that the same may be confirmed to be the King's road. Ordered, That a warr' from the Lt. Go"" be directed to the surveyor genrll, to Lay outt the king's road from South-Hampton to Henry Waddle's plantaon, where it may fall into the king's old road, to the great advantage of the Inhabitants : provided it be Laid outt att the p'er's charge, and that a Return yrof be made into the Secrie's office, in order to a finall confirmaon of the same. Upon the petion of the Inhabitants of the first dublin Townshipp, Requesting a Continuation & Confirmaon to the sd townshipp of a ten year old road to Walter forrest's mill, Ordered, That warr' from the Lt. Go'' be directed to the Surveyor generll, to Lay outt the road desired to be continued & confirmed : provided it be Laid outt att the p'er's charge, & y' a return yrof be made into the secrie's office. In order to a finall Confirmation of the same. Upon the petion of the Inhabitants of Oxford townshipp, desiring the Lt. Go' & Councill not to confirm the High road granted to the Inhabitants of 2'^ dublin Townshipp, from thence to Philadelphia, upon the 8"" and 9''^ instant. The Lt. Go"' & Councill did not think it reasonable to grant their Request, and therfore. Resolved, That for a further Confirmaon of the sd road from 2'' dublin townshipp to Philadelphia, a warrt from the .Lt. Gor. dec, be directed to the surveyor gcnrll, to Lay outt the sd PROVINCIAL COUNCIL. 351 road from 2'' dublin townshipp to pliiladelphia : provided, it be Laid outt att the p'er's charge; And that a Return yrol' be made to the Se- crie's office, in ordr to a finall coiitirmaon of y" same. And as to the other road mentned in their petition, through Oxford to franckford, when they Request tlie Laying of it outt for a pubhck road, It shall be then further considred. [19"" Septembr, 1693. Att a Councill Held att Philadelphia on 19"' day of 7br., 1693. present: WILLIAM MARKHAM,Esq^, Livet. Governo. Robert Turner, ? p ^ Lawrence Cock, Esq'. Wm. Salwa}^, ^ ' P^'^* Robinson, Secrv. THe Livet. Go"" Having produced a Letf from Jolm IMiller, the minis- ter of Newyorke, directed to him, dated 18'" August, 1C93, which came to his hands the 4"' instant, Containing enclosed severall copies of a printed Breife, granted by His Excell. Benjamin Fletcher, &.c., bv &> with the advice of the Councill of Newyorke, to waraner wes- sells, Antie Christians, & others, the friends of Cornelius Christians, peter Wessels, Bartholomew Rowston, John Crage, & Wm. Green, Late of Newyork, mariners, & now Captives in Algiers, (by reason y' their relaons arc not able to redeem ym,) To ask & receive the charitie of all Christian people undr his Excellys. governm', for their redemption: As also, severall Lres to se'all places & persons in penn- silvania relating yrto : And yrfore, desiring the Lt. Governor's as- sistance yrin, and y' he wold promote it as much as he can, and to cause distribute the said Briefes and Letters. And since, by reason of the sicklie time, the Lt. Go"' could not have a full Councill, and being Unwilling to deferr the consideraon of the aflair anie Longer, did Communicate the same to this board, and after the said Lettr & Briefe wer read, desired the advice and opinion ol' the Councill yrin, Who, though they declared ymselves willing to exercise their charitie towards such Captives, Yet upon debate, were of opinion, THat they having no command nor advice from his Ex- celly concerning it, and the briefe being granted by his Excelly, by & with the advice of the Councill of Newyork only, and that it had no relation to this province, & did therforc Humblie conceive That they ought not to be distributed. Ordered, That the secrie write to the assessors of the rexive six Counties, to Transmitt to the Lt. Go' & Councill, by the 3'' of 7br. next, a true Copie of the assessment of the penny in the pound, with the names of each person, and how much they are rated, Signed by the assessors, as the originalls are. Ordered, That hee also write to the severall members of Councill that they be present att a full councill, the 3'^ of October next. 352 MINUTES OF THE Upon reading the petion of philip England ag' Wm. powell «& Nathaniell Mullinax, It was referred to the Consideraon of the next full Councill, And in the meane time, that they, by an ord"' from the iSecrie, be sumoned to be then present, to answer to the petitioner's charge ag' them. • [23-' Septembr, 1693. Att a Councill Held att Philadelphia the 23'i day of September, 1693 present: WILLIAM MARKHAM, Esq. Lievtenant Governo'. Andrew Robeson, 1 -iir-ij- o i i^ r Robert Turner, lEsq^ William Salway, Esq'. JohnCann, J pat. Robinson, Secry. Foure of the provinciall Judges, viz : Andrew Robeson, Wm. Sal- way, John Cann, Edward Bleake, Constituted by his Excellie Benja- min Fletcher, the Chief Governor, Commission dated the 29"* of May Last, brought their Cnmission to this board, advising that the same* was dated before the Law was past that did appoint there should be five provinciall Judges, and that it was not in such forme as answered the Law, And not Laving time befor the day appointed by Law for their sitting. Requested the Lievt. Governo''to grant them a Commis- sion which might answer the intent of the Law, which by the advice and Consent of the whole board, was ordered to be done, and was done accordinglie. [P' Octob^ 1693. Att a Councill Held att Philadelphia the 1'' day of October, 1693. PRESENT : WILLIAM MARKHAM, Esq^ Leivt. Governo'. Andrew Robeson,") iir o i ") Robert Turner, Usq". Wm. Salway, /j, JohnCann, J Lacey Cock, j ^ The Lievt. Governo' \)rodueed to the Councill a Letter which hee had received from his Excelly Benjamin Fletcher, the Chief Governed ^vhcrin hee orderedghim to summons a Council!, which was then ( .'onvened accordinglie. The Letter having been read, was in these words : Sir, I have appointed the first Wednesday in October next for the meeting of Commissioners from all the neighbouring Colonies and provinces, att New york, to Concerto and agree upon a Quota of men and money for the defence of the frontcers. You have seen their maties Commands to mce as Govern' of pennsilvania for that ])urpose. You are therefore to gett the Councill, or a Quorum, together, to Consider of a fitt person for pennsilvania & the Countrie of new Castle. Signed Benj" ffletcher, dated att fort WfHiam Henry; the 23 7br, 1693. PROVINCIAL COUNCIL. 353 Upon which the board having debated, and tlien Unanimouslie resolved that Wm. Sahvay, esq', should be the person for this province and Countries, to treat with the Comrs. of the neighboring Colonies appointed to meet att New york, Concerning a Quota of men & monies for the defence of the fronteers, according to her maties Letters to his Excellic the Chief Governo'', and the Lievt. Governo"' is desired to Commissionate him for that service, & to give him such Credit as is rcquisit therto, which was accordinglie done. Ordered, that the sd Wm. Sahvay have for the defraying of his charge Twentie shillings per diem, and that Rob' Turner, Esq^ trea- •^urer, pay the same to him, and that hee reimburse himself outt of tiie next tax to be collected, and that hee pay him downe Seaven pounds; & that the Lievt. Governor give an order for the same. [Regulation of Markett. It was this day, by the Lievt. Governor, with the advice of the Councill, agreed. That the Regulaon of the market of Philadelphia should be as follows, Viz : 1" That the place for the markett be in the High-street, wher the second street Crosses it and in no other place. 2" That the market be keept there two daves in the week weeklie, viz : Wednesday and Saturuday. 3". That all sorts of provisions brought to this town for sale, viz: flesh, fish, tame foull, butter, eggs, cheese, herbs, fruits & roots, &c. be sold in the aforesaid market-place ; And in case anie of theaforsd provisions should come to the town of Philadelphia on other dayes that are not market dayes, yet that they be sold in the market, under the same Circumstances, regulaons & forfeitures as upon the dayes on which the market is appointed ; and in Case anie of the sd provisions be exposed to sale in anie other place in this town than the sd mar- kett, they shall be forfeited, the one half to the poor of Philadelphia, the other half to the Clark of the markett. 4°. That the market begin and be opened att the ringing of the bell, which shall be rung from the first day of the 2*^ mo° apriU, to the first day of 7bcr., betvveen the hours of six & seven, and from the first day of 7ber. to the first day of Aprill, between the hours of eight & nine, and in case anie of the aforsd provisions, or anie sort of mar- ketting be sold (flesh excepted) befor the ringing of the bell, unles it 1)0 for his Excellie the Governo'' in Chief, or Leiv' Governo', the same shall be forfeited, one half to the poor, the other half to the Clark of the markett. 5\ That no person cheapen or buy anie of the afore mentioned provisions by the way as it comes to the market, upon forfeiture of the same, besides the forfeiture of six shillings, both to the buyer & seller, one half to the poor, theother half to the Clark of the markett. 6°. That no Hucksters (or persons that sll again) shall buy or cheapen anie of the forementioned provisions untill it hath been two hours in the markett after the ringing of the bell, upon forfeiture of the same & six shillings, one half to the poore, and the other half to the dark of the markett. 354 MINUTES OF THE 7°. That the Clark of the markett shall and may receive for all Cattle killed for the market, six pence p head ; For everie shecpe, Calf or Lamb, Two pence per head ; for everie hogg or shoat brought to the markett, or cutt outt for sale there, three pence ; and that no- thing shall be paid for what the Gountrie people bring to town readie killed. 8°. That the Clark of the markett shall & may receive for sealing of weights & measures one pennie for each, great & small. Lastlie. That all persons Concerned shall duelie pay to the Clark of the markett the severall Rates, ffees &, forfeituios afoiesd, & that hee shall fiom time to time deliver to the overseers of the poore their parts therof; and that all Justices of the peace, sheriffs. Constables, and other officers, be aiding and assisting to him in the execution of his office. Given att Philadelphia, the first day of October, 1693. [24 Octobr, 1693. Att a Councill Held att Philadelphia the 24'" day of October, 1693. present: WM. MARKHAM, Esq\, Leivt. Governo'. Andrew Robeson, ? p n. Wm. Salway, ? p_ ™ Robert Turner, 3 ^^ ' Lacey Cock, ^ ^ ' Wm. Salway, esq^, who was appointed Com', for the province, &c. to meet the Comrs. of the neighboring Colonies att Newyork, to Con- cert and agree upon a Quota of men & monie, &c., gave in to this board an acco' of his proceedings, which was read and unanimouslie approved of, viz : New YORK, Wednesday the 4"" of 8br., 1693. Pursuant to her matie's -Commands, att the request and appoint- ment of his excellie Benj° fletcher, Governo' & Capt. generall of New yorke, &c., to the rexive Governors of Virginia, Maryland, pennsilva- nia. New england, Connecticut & Roadisland, desiring them rexivlie to Commissionate and depute persons to meet here the first Wednes- day of this instant October, to Concerto and agree together upon a Quota of men, or other assistance, to be given by each Colonic or province for the defence of New york, as occasion may require the same, Appeared Miles Cary, gentl., deputed from the government of Virginia; Wm. Salway, esq'., deputed from pennsilvania; and Wm. pitkin, Esq^, deputed from Connecticut; & appointed to meet to-mor- row morning. Thursday, October the 5'^ 1 69S. Tlic above named Comrs. being mett, James graham, esq'., appear- ed, deputed from his excellie the Govcrno"' of Nev/york, requiring PROVINCIAL COUNCIL. 355 him to Lay before us the true and perfect state of this province, to- gether with the great charge they have been Latelie att in securing the fronteers att Albany, from the attempts of the French. And also, to Lay down an estimate of the annuall charge that the sd fronteers may require for securing the same for the future : Wherupon they adjourn- ed till friday att nine a Clock. Friday, October 6', 1693. The Com" being mett. Having before them the charge this province has been Eatelie att in defending Albanie, its fronteers, & the estimate of the annuall charge for securing the same for the future, fell upon the Consideraon of pursuing her most gratious Matie's Comands in agreeing upon a Quota of men, or other assistance to be given by the rexive governments of Virginia, Maryland, pennsilvania, Connecti- cut, New england, & Road island. And their being a failure, no persons appearing from the governments of Maryland, New england, & Road- island, are of opinion that the sd Quota of men, or other assistance to be given, as aforesaid. Cannot be agreed on for want of persons deputed from the said governments, and doe accordinglle humblie re- present the same to his Kxcellie the Governor, with the assurance of the readines of their rexive governments to pursue her sacred Matie's Commands in giving such aid & assistance, in men or otherwise, for the securitie of this province from the attempts of the French or In- dians, as the Condion of the rexive plantaon shall permitt. MILES CARY, WILLIAM PITKIN, WM. SAL WAY. Ordered, That the sd Wm. Salway be paid the remaind'of his tra- velling charges allowed him by order of this board the first instant, viz: Twenty shillings per diem, Hee having been nutt ten dayes ; and for his Loss of time and service, six pounds ; and that it be paid outt of their matie's moity of the pennie pe pound tax. Charles pickering, in behalf of the v/iddow Wynne, having pre- ferred a petion to the Leivt. Governor and Council!, setting forth that her Husband, Thomas Wynne, Late of Sussex Countie, deceased, had been Sumoned to the Court of New Castle, to ans"" the Complaint of Adam Short and others, But falling sick, dyed 3 or 4 hours bcfor Judgin' past ag' him att the said Court, and that the originall proces ag' her husband was by a wrong name, and therfore requested that the execuon be stcpt, and that the petiohr have a fair tryall. After debate upon this matter, and production of the Copie of the records of the Court of New castle, und' the Clark's hand, wherin the petitioner's husband was written Thomas Guin, (but his true sir- name was Wynne,) Resolved, that the whole tryall be referred to the next provinciall Court to be held for Sussex Countie, & that in the meantime execuon be suspended. 856 MINUTES OF THE [Q* Decemb% 1693. Att a Councill Held att Philadelphia the 9'" of December, 1693. PRESENT : WILLIAM MARKHAM, Esq^, Leivt. Gcverno'. Andrew Robeson, ? t^ „ Robert Turner, 5 ^*^ ' Pat. Robinson, Secrie. John Chaffin, M' of the Barque pearl, now ryding att anchor be- fore philapelphia, having preferred a petion to the Leiv' Governo' & Councill, setting forth that ther is a sute depending between Jasper yeates, pltf. & the petition'', in the Court of Comon pleas. & that ho had waited on the sd Court for 3 daycs, but could not come to tryall, and that hec is informed by the Justices that by reason of the Limi- taon of their Comission, they canhot anie longer hold the sd Court, and the petition'' being on a dispatch of his vessell before the frost shut up the river, Therfore Requested the Leivt. Governo' & Councill to take the emergencie of this Case into consideration, .Esq-. p^^^ Robinson, Secry. Wm. Salway, J •' PROVINCIAL COUNCIL. 357 His Excellies Letf directed to the Lievt. Governo' & Councill, dated ?"" decemb"' instant, was deliberatlie read ; After which the Leivt. Governo"' said, that it was absolutlie necessarie that the governm' should be Supported, & that the method proposed by his Excelly in the said Letter, was the most easie way to accomplish it ; And therfore, earnestlie Requested the members of Councill, according to the rexive inffluence that each of them had on the people of the several! ranks and condions in the severall Counties, that they wold use their out- most endeavours before & att the elections, to persuade and advise the people to choose such representatives as may answer ther majesties & his Excellies Just expectations; for said hee. Wee have all some influence, some more some Less; And you that can give reasons to the people, & can resolve their doubts. It is your dutie to do it ; and you must all use the best methods & your outmost interest for that end : for my part I shall not be wanting, as I am able. The Councill ansred that they wold doe their endeavour. As to the Collusion in the assessment in his Excellies Letter men- tioned, and his Excellies desire to have it rectified, & to know the state and amount of that affair. It was ansred by the Leivt. Governo', That hee and the Councill having formerlie heard of the assessors of Chester Countie, Their underrating the people, did write to them, and theraftcr they somewhat rectified it ; And the Secrie told ym that by ord' of the Lievt. Governo"' and Councill, dated the 19"" 7br, 1693, hee wrote to the representatives & assessors of all the six Counties, to send in their rates to the Lievt. Governo'', but had received none but from kent, Philadelphia & Bucks; and Robert Turner, esq', said that hee had wrote to Bucks and Chester about the same. Ordered, That the state and amount of the rate of each Countie be sent to his Excellencie, and the Lievt. Governo'' said that he wold write to ym that had not sent in their rates, That they should send them in Speedilie, att their outmost peri'ill: Which Letters were that day writt by the Secrie, signed by the Lievt. Governo'", and sent by the Secrie to each of the deficient Counties. Upon the petion of the Inhabitants of Radnor, requesting a road to be Laid outt from the upper part of the sd. townshipp of Radnor unto marion ford ; And of Andrew Robeson & Lawrence Cock, Esq"., Re- questing a confirmaon of the road that now is from marionford to Philadelphia, and that it come into the third street in the sd towne. Ordered, That a warrant from the Leiv' Governor be directed to the Surveyo' generall, to Lay outt the roads desired, and that the same may be Confirmed accordinglie, and that a return therof be made into the Scene's office, in order to a finall Confirmaon of the same. [Information ag' Ann Le Tort. Thomas Jenner and polyearpus Rose exhibited to the Leivt. Go- vernor & Councill the informaon following, viz: The informaon of Thomas Jenner & polyearpus Rose, concerning some passages «Si dis- courses that hath been betwixt the french people here & some of the pennsilvania Indians: 1°. The Informant, polyearpus Rose, saith, That about 5 weeks 358 MINUTES OF THE since, this informant having some discourse with a certain Indian king called Hicquoqueen, The said Indian resented the unkindness of the English to the Indians here ; and further said, that they were not Like to hold the Land much longer ; for that they were not satisfied for it ; and that the french told him that it wold not be long ere they wold buy their Land of them again, for the English had but borrow- ed it, and that they could not be so kind to them becaus of the Eng- lish ; and this was particularlie told him by peter Bassillion and madam Le Tort. 2'. The informants, Thomas Jenner and polycarpus Rose, say that about a month since they were in Compa. with Benj° Clift, att Zecha- riah "Whitpain's plantaon, wher the said Clifl said, that one Thomas Graves &■ hee being together. The Indians up Delaware told him that the French wold come in the spring of the year and bum the Eng- lish, and take the Countrie for ymselves. 3". peter Yokum also told ym, that since the Letters that the In- dian woman discovered about a year agoe, ther hath been strange In- dians come to Letort's plantaon, & sent away again, and gave no acco* to the Indian king from whence they came or whether they went ; peter Yokum saith that severall Indians told him so, viz: Shak- hui)po, Kyentarrah's wife, Olemeon's wife. 4\ They further say. That upon the Q'^of Decemb', 1693, They ryding by the house of madam Le Tort, polycarpus asked her hou shee did. Shee ansred, where have you been. Hee said, att peter Yo- kum's. Shee said, ther was no path for sweads or English rogues there, for no English Rogue nor swead should come on her ground ; and run in a furie with a horse whipp &; whippt polycarpus, and call- ed for Lewis to help her, a french Canada prisoner taken by o'' In- dians, and these informants and mounce Yokum wer forced to ryde away, for fear they should have been shott, but saw no gunn. 5", polycarpus Rose saith, That about a year since ther was a packett of Letters sent from Philadelphia from peter Basilion, Capt. Dubrois «fc madam Letort, to the strange Indians called Shallnarooners, Sealed up in a blue Linnen cloath, & was Left att James Standfield's plantaon by Richard Basilion's Servant, who then run away, and the Letters being there 3 dayes, James, the Frenchman, Came & caryed ym away, who then belonged to the persons abovesaid. Signed, THOMAS JENNER, POLYCARPUS, P. C. ROSE, his mark. Dated the 12'" decemb% 1692. polycarpus Rose having sworn to the first article; Thomas Jenner having attested, & polycarpus Rose sworn to the 2^^ article ; polycar- pus Rose & peter Yokum having sworn, & Thomas Jenner having at- tested to the 3'' article ; polycarpus Rose having sworn, & Thomas Jenner having attested to the 4"' article ; And polycarpus Rose having sworn to the Last article of the sd Informaon, Itt was ordered, that the sd Ann Le Tort appear att this board the 29*^ instant, & that Cap' Dubrois and peter Bisalion, when they return from the Lower Counties, be sent for by a warr' to appear as above. PROVINCIAL COUNCIL. 359 to ansr to the said Complaint; And y' the Indian king, Hicquoqueen, be sent for, Shakhuppo, kyantaro's wife, Olemeon's wife, mounce Yokum, & Lewis, the French Canada prison', also Benj" Clift &; Tho- mas graves ; and y' Capt. Cock take care to give ym notige hereof. [SQ'" DecemV, 1693. The Leivt. Governo"' & Lacy Cock onlie present, Ann Le Tort ap- peared, in obedience to the ord"" of Councill, & was readie to ansr to y^ sd informaon, but none of the informers nor wittnesses appearing, shee humblie desired that shee might not be again sent for till the ex- tremetie of the weather was over, shee having no person att home, remote in the woods, to be att her house in her absence. PROVINCE OF PENNSILVANIA, AND COUNTREY OF NEW-CASTLE. Minutes of Councill in the Assembly, Anno R. Ret. Rse Willielmi et Marie Anglirs, &c., Quinto. [15* May, 1693. Att a Councill Held at Philadelphia On a Moonday the lo"' of May, 1693. present: His. Excell. BENJAMIN FLETCHER, &c. William Maekhaji, Esq'., Livet. Governo'. Andrew Robeson, "] Lawrence Cock, 1 Robert Turner, V-Esq". Wm. Salway, ^Esq". Pat. Robinson, J V/m. Clark, J The persons Returned for Representatives being in number Twen- ty, viz: foure for the County of Philadelphia, three ibr the County of Rucks, three for the County of Chester, foure for the Countie of New castle, three for the County of kent, & three for the Countie o( Sus- sex, came to wait upon his Excell. in Councill, and wer admitted. Six of them took the oaths appointed by act of parliament to be taken mstead of the oaths of allegiance & Supremacie, & subscribed the test ; the other fourteen did Subscribe the declaraon of fidelitie, pro- fession of the Christian faith, and Test. 360 MINUTES OF THE After which His Excell. did speak to them as follovveth, viz: Gentlemen : Before you goe to the Choice of your Speaker, I think it Convenient to Let you see by what authoritie you are Convened : my reason is, becaus I observed some commissionated by your pro- prietor did withdraw themselves att the publishing of their Maties' Comission ; others have refused to act under that power, and manic of you wer absent att that time. Then the Clark, by his Excell. order, did read the Commissions, Upon which his Excell. Continued to say: Gentlemen: You see by the Clauses of these two patents relating to Assemblies, that you are all obliged, befor you can be qualified to sitt, to take these oaths prescribed by Law. Yet I have some Latitude in my Instructions, which enables mo to admitt such to act in the go- vernment as for Conscience sake refuse an oath, and are yet willini'- to make their protestation and subscribe the Test, &c. It has ever been my endeavour & desire to act soe as that all peo- ple under my care might be in Love with their maties' governm' &; Laws, and am therfor willing to allow such to sitt in this house of re- presentatives, as are chosen by the freeholders of the rexjvc Counties, who not being free to take an oath, are willing to perform the other obligations : provided this be entrcd in the Journalls of your house as an act of grace from their majesties, and not taken as a president. Gentlemen: I must add. If there be anie amongst you who doe not take an oath, whom you cannot own as members of yo'' Comunion, but may, under that pretence, shelter themselves from what the Law requires, pray Let me know them, otherwise you will bring a blemish upon yo'selves by Countenancing Hypocrites. And in this matter I expect you will be plain, and answer for such men, if anie there be, who for private ends put on a false dress. And I desire you to provide a Clark to keep the Journalls of your votes and other proceedings ; That you cause him particularlie to en- ter in his book. That your being admitted to sitt upon Subscriptions without an oath, is an act of grace, and not to be insisted on as a right, and for the future taken in president. Your Clarke must also take care to give me a Copie of everie daye's votes and Minutes the night following. Then bid them withdraw to some Convenient place & choose their Speaker, whom he wold be readie to see morrow morning. Adjourned till Nine a Clock morrow morning. PROVINCIAL COUNCIL. 361 [16'" May, 1693. Att a Councill Held att Philadelphia on Tuesday the IG"" of May, 1693. PRESENT : « His Excel I. BENJAMIN FLETCHER, &c. Wm. Markham, Esq', Livet. Governo^ Andrew Robeson,"^ t r. i "^ r, , , rp Lawrence Cock, Robert i urner, ! i:» „ j \ r^ r< - Pat. Robinson, ^^^^ ' 'w " ^"^1 f"^^'"^ Wm. Salway, j Wm. Clarke, j The Governo' «St Councill being mett, Joseph Growdon, accompa- nied by the whole number of Representatives for the province of penn- silvania, &;c. presented himself to his Excell., Acquainting his Excell. that the Representatives here present had made Choice of him for their Speaker; That it was a great Cliarge &, trust, & more then he Could Conceive himself capable of; Therfor moved that his Excell. wold Command the representatives to return to their house & choose some fitter person. His Excell. made ans': Sir, The Latter part of yo"^ speech proceeds from yo' modestie. You ai*e their Speaker, and gentl. I doe approve of yo' Choice. I have had a good character of you, Sir, and if I had been to Choose a Speaker from amongst y" representatives re- turned for this occasion, I had pitched upon you as best qualified. Then his Excell. addressing to the speaker & Representatives, Said: I have sundrie things to offerr to yo"^ Consideraon, But shall only insist upon two att present. 1°. You know that governm', if it be not supported, becomes pre- carious, void, & ends in nothing. 2". Gentl., Here is a Letf directed to me as Go'' of this province, from her Matie, qrof you shall have a Copie. The province of IVew york has been a long time burdened with a troublesome warr, (if it may be called a warr, for Indeed the French and Indians in Canada are a pittiefull enemie, if they could be brought to fight fairlie, but the wood, swamps and bushes gives them the opportunity of vexing us.) You will see by this Letter their maties' Comands, and what is ex- pected from you towards the assistance of that province. Gentl., If ther be anie amongst you that Scruple the giving of mo- ney to support warr, ther are a great manie other charges in that go- verm', for the support yrof, as officers Sallaries & other Charges, that amount to a Considerable sum: Your money shall be converted (o these uses, & shall not be dipt in blood. The monic raised there for the support of the goverm' shall be imployed for the defence of the fronteers which doe give you protection, I wold have you Consider the walls about yo' gardens &; orchards; yo' doors & Locks of yo' houses; Mastiff' dnggs & such other things as you make use of to defend yo' goods & propertic ag' theeves & robbers are the same Courses that their maties take for their forts, 31 362 MINUTES OF THE garrisons & Souldiers, &c. to secure their kingdoms & provinces, & you as well as the rest of their subjects. I speake the more to this matter becaus I have their maties' Command, which Lyes now here before you. And gentl., If you will propose anie thing for yo'selves, whether the Confirmation of former Laws or other new Laws, for the advan- tage and benefit of the people whom you represent, provided they doe not derogate from, or doe not appear in opposition to the Laws of England, you shall find my readie Concurrence. I hope you will Consider to satisfie their Maties' just demands and expectations. Time is of great value to me. Their maties' affairs call me to the fronteers ; therfore desire you speedie dispatch of what is before you. You may return into your house and Consider therof. M' Speaker said: I have something to offer to thee, Governo', on behalf of the representatives. His Excell. asked : how could that be, befor you are a house, You being just now presented to me for Speaker ; How could you have anie time for debates, unless you had had some private Consults before you wer a House. M' Speaker ansred, That what hee had to ofl^er was an omission of what hee proposed to say formerlie, and introductory to their bussi- nes, in ordr to their dispatch. His Excell. bid him say on. Then M' Speaker desired that they might have free access to his Excell. person, a favourable construction putt upon their words, & be free from arrests, with the other priviledges of an Assembly. His Excell. made ans': You have all the priviledges of a house, But I must again mind you to provide a Clark to keep a Journall of yo' votes and proceedings, & I doe expect Hee shall everie night, during your sessions, Let me have a Copie of the votes of yo' house the preceding day. I wish you to Consider their maties' service, your owne safetie, & the prosperitie of the province ; which on my part shall be allvvays vigorously endeavoured. M' Speaker Replyed, They had provided a Clark. Then returned his Excell. thanks, and withdrew with the Representatives to their House. His Excell. sent to Inquire of the Speaker, if hee believed their house wold have any thing to offer to his Excell. and Council] this forenoon. The Speaker sent in ans% that hee did not know, & desired by the same messenger to have a Copie of his Excell. Comission, so farr as concerncth the power of assemblies; Which his Excell. Caused to be copied outt of the Originall by the Secric, and sent unto them. The messenger returning, told his Excell. that the Speaker told him hee believed they wold want a Copie of the whole, and that some of the representatives desired to see the originall. His Excell. sent the same person to tell ym that they should have a Copie of the whole to-morrow morning ; And if M' Speaker wanted PROVINCIAL COUNCIL. 363 to peruse the originall in the meantime, It will be granted: provided, the person his Excell. sends it by be admitted to be present att his reading yrof, and bring the same back to his Excell. Ordered, y' Patrick Robinson, Esq'., doe forthwith prepare a Copie of their maties' letters patents to his Excell. Benj" fletcher, for the pe- rusall of the Assembly. Adjourned till morrow morning. [17'" May, 1693. Att an Assembly held att Philadelphia On Wednesday the IT"" of May, 1693. PRESENT : His Excell. BENJAMIN FLETCHER, «kc. Wm. Markham, Esq'., Livet. Go'. Andrew Robeson, I William Clarke, \p „ Rob' Turner, lEsq". George Forman, ^^^^ ' Lawrence Cock, J J His Excell. did acquaint the board, that ther wer two gentl. of the Councill of Newyork in town. To witt: Chidley Brooke, E3q^, and Wm. Nicholls, Esq'.: That the Councill of New york, by their Ma- ties' Letters patents for the governmt. of this province & Countrey, have an interest in the goverm' of this province and Countrie, upon his death or absence, & of the Comand^in Cheif Commissionated for Newyork; Therfor his Excell. is desirous that they be present in Councill here, which was approved. And his Excell. did send for them accordingly. The Assembly sent some of their house to know if his Excell. wer at Leisure to receive them. Having something to offerr. His Excell. told ym that he waited for y" Assembly. The doorkeeper did acquaint his Excell. that M' Speaker and the representatives did desire access, which was granted. M' Speaker addressed himself to his Excell., & said: May it please the Go', The house having something to offerr to the Go', for the help of my memorie, have putt it in writting: may it please the Governo' to Let me read it. W hich was granted. Then the Speaker read: To Benj" Fletcher, Esq'., Capt. Generall and Governo' in Cheife in and over the province of pennsilvania & Countrey of New- castle, &c. The humble address of the freemen of the said province and Countrey of New Castle, &;c. in Assembly mett, sheweth: That since it Hath pleased the king & queen that the absence of the proprietarie's personall attendance in this govermt. should be sup- plied by thee, or by thy Livet., Wee, the Representatives of the free- men of this province and territories, with due respect to the power of 864 MINUTES OF THE thy Comission, and heartie acknowledgement of thy good will, care dc tenderness to us, doe readily acquiesce with the king's pleasure therin, Earnestlie beseeching that our procedure in Legislation may be according to the usuall method and Laws of this government, founded upon the Late king's Letters patents, Which we humblie Conceive to be yet in force; And therfore, wee desire the same may confirmed unto us as our rights and Liberties. And wee, with all faithfulness and sinceritie, doe give what assurance wee are capable of, in the present Circumstances wee are under, to answer the Queen's Letf and thy request, according to our ability. His Excell. made answer, That this address Hath been drawn up with much deliberation, and by the most Learned in their Countrey, and it cannot be expected that I can give you an Imediate ans^ I shall give you my ans' in v/ritting, But att present I must tell you, Gentl., You are verie much mistaken in alledging yo^ Laws to be in force, and at the same time, in yo' present station, to desire a Con- firmaon of ym. If in Ibrce, what need's my Confirmaon? Consider by what power you are convened here : You are either a Law'll As- sembly & Legally calld, or an Unlaw'll meeting att the best, &; we are doing nothing. If the Laws made by virtue of M' penn's char- ter be of force to you, and can be brought in Competition with the great Seal of England that comanded me hither, I have no bussines here. There is therfor nothing Left for you but to own the king's authoritie, or disown it. There cannot be two establishments of go- vernment, in opposition to one another. I wold have you satisfied in that point. I have an abstract of yo' Laws by me, & manie of ym are repugnant to the Laws of England. By yo'' Constitution former- lie, the people wer to Choose the provinciall Councill : The king hath allwayes the power of Choosing his owne privie Councill, which is reasonable, for he is the best judge who are Capable to serve him. By your former Constitution the people wer to Choose representatives, who wer to have a negative voice in passing of laws, which is all- wayes Lodged in the king, and for the present time granted unto me by their maties' Lres. patents. By your former Constitution the people did present to the Go"' a double number of Sheriffs, Justices of the peace, d; I have the power of Commissionating& appointing officers, & manie other things in yo' Ibrmer constituons and Laws, repugnant to the Laws of F^ngland, too tedious to enumerate ; which are altogether Contradicted by their maties' Letters patents. I doc understand that it is the opinion of the Learned in the Law, That the Revenue of the Crown;The making of Laws; The power of Life & death; arming of the subject, &. waging of warr; which wer granted to M' penn, are the Reglia of the Crown & cannot be demised; as in case of an en- tailment, they are entailed upon the successor: you have heard of an entailed estate: the father is only tenant for life, & cannot demise it from the son; if he grant it for Longer than Life, it is void, & the son shall recover his estate. If there be anie Lawyers among you, they can informe you king Charles' grant of these things might be good to you during his life, becaus he might maintain his own act; But since his death they are become utterlie void. 1 wold have you advised of PROVINCIAL COUNCIL. 365 this point. These Laws and that model of goverm' is dissolved &; att an end: you must not halt between two opinions. The king's power and M'' penn's must not come in the scales together. But gentl., As I said before, when you did present yo' Speaker, If you doe propose anie Laws for yo' owne Conveniencie and safetie, I ghall readily Concurr with them, If they be not repugnant to the Laws of England. Mr. Speaker Replyed. That he was a servant to the representa- tives, & and had not yet received their minds ; but this one thing he durst venture to say for 5'm, That they had a good affection for the king & Queen, &■ wer sensible of the great duty that Lay upon ym, & as they wold not be wanting yrin, see they wer willing to know that their former charter is in a Lawfull way att an end : king Charles the 2"^ granted the power by which the Charter was founded, which grant being und' the great seal, perhapps they may think that in Justice it ought to be maintained, being the king's grant. His Excell. in answer said. I hope your aflections to their maties are good. My Custome is to speak the thoughts of my breast, & wold believe so of evevie man untill I find the contrary. 1 wold have you have a tender regard to yo'' dutie. The Question is short, either you must stand by their maties Comission for the goverm', or Mr. j>enn's Charter ; for you see they are in opposition to one another. Consider what I have alreadie said, and be resolved in this point. As for the propertie and the estate of the proprietor, you shall find me allwayes readie to advance his interest daring my administraon. Gentl., I never sought to come here. 1 have enough to doe in the nighbouring province, wher I have a fronteer garrison & an enemy to Look after. I am come by their maties comands, and their government I will maintain, pursuant to their Letters patents. Ther- fore, pray Consider and dispatch an ausr. I am in haist to be gone upon their Majesties afiairs. Whereupon they withdrew. Two of the Representatives did signi- fie to his Excell. that their house wold have nothing to oft'err this forenoon ; That they wer desired by their house to ask a Copie of the Governor's Comission & his answer to their address, in writting. The answer given in writting, by advice of the Councill, is as fol- loweth: Philadelphia, the IT* of May, 1693. Gentl., 1 have, with the Councill, considred yo'' address, and am sorry to find yor desires grounded upon so great mistakes. The absence of the proprietor is the Least cause mentned in their Maties Lres. patents for their Maties asserting their undoubted right of governing of their subjects in this province ; there are reasons of greater moment, as the neglects and miscarriages in the late administration : The want of Necessarie de- fence ag' the enemy & danger of being Lost from the Crown. The Constituon of their Maties goverm' & that of M' penn's are in a direct opposition the one to the other. If you be tenacious in stick- ing for this, it's a plain demonstration (use what words you please) that indeed you declaine the other. I shall readily concurr with you 366 MINUTES OF THE m doing anie thing may conduce to yo' safetie, prosperitie and satis- faction: provided yo"' requests arc Consistent with the Laws of Eng- land, their Maiies Lres patents, and the trust and Confidence their Majesties Have reposed in me. Time is verie precious to me. I hope you will desist from all unnecessarie debates, and fall in earnest u])on those matters I have alreadie mentioned, & still have to recom- mend to you, and for which you are principallie Convened together. Signed by his Excell. Order. DAVID JAMISON, Ck. Concily. His Excell. did deliver this ans'' in writting, with the Copie of his Comission, to M' Jamison, and ordered him to deliver it to the speaker, and to tell the Speaker from his Excell., that hee had sent them an at- tested Copie of his Comission for their satisfaction; That his Excell. had made many steps of Condescention to them which he had not done in another goverm', & was not presidentiall, that they might have no hindrance nor obstruction in their maties' service. The Ques- tion is short, whether they wold owne their Maties' Lres patents, or M' penn's Charter. That his Comission was recorded with the Se- cretarie, where they may have recourse to it, and that hee expected they wold return that Copie when they had perused it- Which was accordingly performed by M' Jamison, and theCouncill adjourned till foure a Clock afternoon. POST MERID. Att a Councill Held att Philadelphia the 17'" of May, 1693, 4 a Clock afternoon. PRESENT : His Excell. BENJAMIN FLETCHER, &c. Wm. Markhaji, Esq^ Livet. Go". Andrew Robeson,"^ t i r" "^ u , , rri John Cann, Kob Turner l^^ ^^^^^ ^^^^^^ ' p^ Lawrence Cock, f Geo. Forman, f Wm.. Salway, J J His Excell. ordered M' Jamison to wait upon the house of repre- sentatives &;Signiflc the Gor.and Councill wcr mett, and no other thing l)efor them than to receive what they had to offerr, &■ desires to know if a«ic thing might be expected from ym this evening; Which was (lone. M' Speaker's ansr. was, that they had agreed upon something, to his Excell. shortlie to be offered. An Houre after his Excell. ordered M' Jamison to goe again to the liouso of representatives, & to tell M' Speaker that his Excell. had tarrycd a Long while, & desires to know if hee might expect tinie thing from them this evening; Which was done. M' Speaker's answer was: something hath liappcned of difficultie befbr them, which occasioned some debate & hath taken up some time, PROVINCIAL COUNCIL. 367 but now is over ; wee are come to a conclusion : If the Governor will tarry one half houre, He beleived tliey wold be readie to wait upon the Governo"" : perhapps within a Quarter of an houre. The doorkeeper did inform his Excell. y' M' Speaker and the re- presentatives did desire access; which was granted. M' Speaker said: May it please the Governo'', there happened some difficultie which occasioned some debate amongst ua; Wee are now come to a Conclu- sion : Wee ask that the Go"^ will excuse us for making soe Long stay. Wee hope that this matter being over, wee shall proceed to give sa- tisfaction to the king &; Queen's demands & thy desire. Wee have agreed to two votes, which are in writting, for the help of my memo- rie. I cannot much Commend our Clarke ; please. Go', to excuse that it is not writt fair over. His Excell. M"' Speaker, if you Leave it with me, I will cause writt it fair over. M' Speaker. May it please the Governor to Let me first read. His Excell. You may. M'' Speaker read : philad. y' 17* of y' S"* Mo., 1693. It was putt to the Question, whether it be the opinion of this house, that wee may saflie act in Legislaon in Conjunction with the present 00% according to the king's Letters patents. Caried in the affirmative, Nemine Con- tradicente. It was also putt to the Question, Whether the following Clause bo added to the Last vote, viz : provided, that the aforesaid Resolve may not be Construed, deemed or taken to our prejudice, but that wee may have the benefit of being governed by the Laws &; constituons of this goverm', so farr as is consistent to the tenor of the king's Lres patents to our present Go' Fletcher, and that our proceedings therin is in Conformitie to the king's pleasure, and not the Least apprehension of anie forfeiture of our rights. Resolved in the affirmative, Nemine Contradicente. His Excell. M' Speaker »Ss you gentl.. To yo' first vote you have been a Long time in answering a plain Question, but have come to a Conclusion att Last. I am glad that you have agreed to submitt to their raaties goverm' with a nemine Contradicente. To the second part I must take some time to consider before I can give you an ans'' ; please Sir, to Leave the paper with me. Gentl. you shall find me allwayes stedfast to what I promise you ; That is, when you have Considered to draw up what Laws may be for your Conve- niencie and safetie, provided they be not repugnant to the Laws of England and their maties Lres. patents, I shall be readie to give them that sanction which their Maties have Impowrcd me to give. But in yo' former Law book I find sundrie Laws that are altogether repug- nant to the Laws of England, and seem to supersede them, viz : the 9* Law, Sodomy & BesUality ; 10"' Rape; 16"' burning of houses; 96' stealing of hoggs & other Cattell ; 109'" estates of persons deceased; 117"' manslaughter; 116 marriages; 171 M'' penn's person. I am informed there is a person amongst you brouglit up in the Law in England, who can inform you. Therfore, you must not expect that I will pass those Laws into acts. S68 MINUTES OF THE M' Speaker. May it please the Governo' to give us a list of these Laws the Governor is pleased to think repugnant to the Law of Eng- land. His Excell : you may have it. Gentl. Besids what I have alreadie offered unto you, There is an Act ag' pyrats and privateers, with Limitaon of time for their coming into the province, & entring into bonds for their future good behaveour, which was drawn in England & sent with me to be enacted in Newyork : pirates and privateers may become good menatt Last, and the design of that Law is to draw them from their evil courses, that they may become good subjects & inhabit amongst us, to help our governm* : It is enacted in Newyork : there needs no other alteraon than the alteraon of time for their coming in, &; the name of the province ; you may Lengthen the time as you find most for yo"" good. I hope it will meet with no opposition. There is also another thing which I recommend to you, which no person I believe will object ag', & that is the settling of a post office, which is intended to continue by Land from Virginia to Boston in New- england ; It will be a great Conveniencie to all trading men, & a sa- tisfaction to everie one. It was recommended to me by the Queen's Letter to be promoted in Newyork, and is setled there, and in New England, by act of Assembly. Here is a Copie of the Queen's Letter & manner of its settlement, foryo'' perusall. M' Speaker. May it please the Gor. to Let us have the perusall of those things that relate to our priviledgcs &; Liberties, that we may have them under our consideration along with these things. His Excell : you shall have ym, & I will readilie concurr to anie thing that may not be repugnant to the Laws of England & the trust comitted to me by their maties Lrcs. patents. ' M' Speaker. May it please the Governo', Wee hope ther will be a good agreement, and we will endeavour to give satisfaction to the king and queen's demands, and the Governor's desire. Wee are readie to show our good affection. His Exxell. I am glad to hear that you are soe well inclined, and that you have gott over that rubb that was in the way ; you shall all- wayes find me according to my word, and I wold have everie man soe. Therefore, putt away all jealousies, that wee may go on cheer- fullie and Unanimouslie in those affairs for which you are Cheiflie Concerned, without loss of time. John White. May it please the Go'' to give me leave to speak one word : There is one thing more which may have escaped the Speaker's memorie, and that is, To ask thee to grant that when there doth arise anie doubt or question amongst us, The Go' will grant us that some of the Councillors maybe appointed to Conferr upon such doubts and questions as may arise. His Bxcell. M' White, Its not a man of words, noise and con- tention, that I affect, but a man of sense, gravitie and discretion, that knows how to propose things in due time and manner: When there is occasion to resolve anie doubt or question, or to explain anie misun- derstanding, When I shall be made acquainted yrof by the Speaker, PROVINCIAL COUNCIL. 369 I shall be allwayes readie to appoint a Comittee of the Councill for that purpose. M' Speaker. May it please the Go' to excuse this man, for it was discoursed of some time this day in our house, though if I remember right, it was not given me in charge with the other things when I came outt. His Excell. It is well, M' Speaker. Gentl., I wold have you to make what dispatch you can of what I have given you in charge. I hope ther will be a good understanding betwixt us. I wish you well. The Speaker & representatives withdrew. Adjourned till morrow morning, eight a Clock. [18'" May, 1693. Att a Councill held at Philadelphia on Thursday the 18'" of May, 1693. PRESENT : His Excell. BENJAMIN FLETCHER, &c. Wm. Markham, Esq'., Lt. Governo'. Andrew Robeson, "i William Salwa)'-, "J Rob' Turner, V Esq". William Clarke, I Esq". Lawrence Cock, y Geo. fforman, J His Excell. sent M' Jamison to the house of representatives with the Copie of their vote, which they delivered to his Excell. Last night, and desired to know if they had anie thing to otferr this forenoone. Two of the representatives from their House did signifie to his Ex- cell, that they did beleive there will be nothing to offerr this forenoone, and desire a List of the acts which the Go' did mention Last night to be repugnant to the Law of England. His Excell. did say: I am no Clark; you have the Laws amongst you; What I have by me is only some minutes which I have extracted outt of yo'Law book, for the help of my memorie; But I will remove all excuse for delay: You shall have it; pray let ym dispatch. The List and number of Laws wer Immediately given them. Adjourned till 4 a Clock afternoon. [22" May, 1693. Att a Councill Held att Philadelphia on Moonday the 22'' of May, 1693. present: His Excell. BENJAMIN FLETCHER, &c. Andre\ Rob* Pat. drew Robeson,! Lawrence Cock, 1 ^^ » y Turner, Usq". Wm. Clarke, f^'^ ' . Robmson, J J 370 MINUTES OF THE His Excell. did signifie that the delayes of the Assemblie did wearie him, their Maties' aHairs calling for his attendance else where, and desired their advice whether hee should send to them or not. It is the opinion of the Councill, that his Excell., if he think convenient, may send to them to know if they will Have anie thing to offer this evening Esq". Wm. Clarke, ^Esq". Pat. Robinson, J Geo. Forman. J His Excell. did order M' Jamison to wait upon the House represen- tatives, and tell M"" Speaker that it's now the 9'" day of their sessions & Little or nothing done, (other assemblies have dispatched more business in Less time,) To know if they have prepared any bills, and once more to desire their dispatch. The Speaker made ans': That they wer dispatching. That the Governor must not take it amiss that they are so tedious, being putt outtof their old methods. Formerlie the Councill did prepare the Bills & send ym to the representatives for their assent, and now it is putt upon ym to prepare ym. That they are now agreed of something concerning their Laws, which they believe they shall offerr to the Go' this morning. Resolved, It is convenient to demand the Rolls of the former Laws from the late M' or keeper of the rolls of this province by two of the members of Councill. Ordered, That Andrew Robeson and Wm. Clark, Esq", doe demand of the late M' or keeper of the Rolls of this province, That forthwith hee either bring or send the rolls of the former Laws of this province to the Councill board. His Excell. did send M' Jamison to the representatives, to Inquire if they had anie thing to offerr this forenoone, or when they would. The Speaker's ans' was, That they wer running over the body of Laws, & making alteraons as they could agree, & believed nothing wold be offered this forenoone. Adjourned till 4 a clock afternoon. PROVINCIAL COUNCIL. 371 POST MERID. The 23* May, 1693, 4 a clock afternoone. PRESENT : His Excell. BENJAMIN FFLETCHER, &c. Andrew Robeson,^ iir c i "^ RnhPrf TnrnP. 1 _ Wm. Salway, Pat: Robinson,' ^^^^"- Wm. Clarke, >>Esq". ' Geo. forman. Robert Turner, . y^ _ ' b>LiSq" . Lawrence Cock, J """• *"^"''*"' J His Excell. in Councill, Having tarryed two hours, did Order M' Jamison to wait upon the house of representatives to know if they had any thing to ofller wt'in this halfe houre. M"' Speaker ansred, that they only tarryed for their Clark, who wold verie soon have done with his writting. Adjourned to 8 a Clock morrow morning. [24"- May, 1693. Att a Councill Held alt Philadelphia on Wednesday the 24"" of May, 1693. present: His Excell. BENJAMIN FLETCHER, &c. Wm. Markham, Esq'., Livet. Governo'. Andrew Robeson,"^ -tir-ii- o i "1 T> V . -r ', William Salway, Kobeit 1 urner, !^ „ ,,,.,,. p,, , -^ It:, » Pat. Robinson f-^^^ ' Wilham Clarke, ^Esq". Law. Cocke, J Geo. Forman. j Andrew Robeson & Wm. Clark, Esq", did return. That in pursu- ance of the order of Councill yesterday, they did demand of M' Loyd, Late M' of the Rolls, either to bring or send the rolls of the former laws of the province to the Governo' and Councill, And that his ans' was : That hee never did enroll anie Laws ; there was not, nor hath hee ever had anic warrant for soe doing. The door keeper told his Excell. that a messenger from the house of representatives comes to know if the Go' be readie to receive ym, who was ansred that his Excell. hath been readie these two hours. M' Speaker and the House of representatives being present, M' Speaker said : May it please the Go' to excuse our delayes, for wee are putt upon new methods, which wee are not yet acquainted with, & are not negligent nor disrespectfuU to the Governo' : Wee have had about 200 Laws to review : Wee have now brought thee a Bill, which Avee desire the Governo' will be pleased to pass into an act. His Excell. What is the title of it ? M' Speaker Read a direction to the Governo', with his titles. His Excell. What is the substance of it ? 372 MINUTES OF THE M' Speaker. It is our desire that the Governor wold Confirm our former Laws to us. If the Governor please to give me Leave to read it. Granted. To Benj" Fletcher, Cap'. Generall and Governor in Chief in and over the province of pennsilvania and Countrey of Newcastle, die. Wee, the freemen of the sd province &; Countrey in generall assem- bly mett, Humblie Shew : That wheras, the Late king Charles the 2^, in the 35'* year pf his reign, by his letters patents under the great Seal of England, did for the consideraon therin mentned, grant unto Wm. Penn A; his assigns, this Colonic or tract of Land, thereby erecting the same into a pro- vince, calling it pennsilvania, and Constituting the sd Wm. penn absolute proprietarie of the sd province ; (saving amongst other things the soveraignty therof;) Therby also granting unto the sd Wm. penn, his deputies or Livets, by virtue of the said Royall charter, full, free, &, absolute power, by and with the assent of the freemen of the sd province, to make, enact and publish any Laws whatsoever, for anie end, appertaining either to the publick state, peace or Safetie of the sd. Countrey, or unto the private utilitie of particular persons, according to their best discretion ; Which Laws, so as aforesaid made and published, the sd Late king did by the same enjoyn, require & command, should be most absolute aud available in Law, and that all the Liege people and subjects- of the said Late king, his Heirs & Successors, should observe and keep the same inviolable in these parts ; But that the Laws for regulating & governing propertie within this province, and Likewise as to felonies, might be & continue the same as they should be for the time being, by the generall Course of the Law of England, Untill the said Laws should be altered by the sd. Wm. penn, and by the freemen of the said province, their delegates or deputies, or the greater part of them : And to the end the sd Wm. penn or the inhabitants of this province, might not att anie time ther- after, by misconstruction or colour of the powers aforesaid, or by pre- tence of the said Laws therafter to be made, should thorou inadvertencie or design, depart from that faith or allegiance which by the Laws of England they and the king's Subjects in his dominions allwayes owe to him, his heirs & successors, Hee, the said Late king, did by his sd Lres patents, declare it to be his will & pleasure, that a duplicate of all the Laws soe as aforesaid made & published, should, within five years after the making therof, be transmitted and delivered to the king's privic Council for the time being; and if anie of the sd Laws within the space of six Mo's. after, (by the said king, his heirs or Successors, or his or their privie Council!,) inconsistent with the Soveraignty or Laull prerogative of the sd king, his Heirs &■ Successors, or contrarie to the faith and allegiance due to the Icgall government of England from the said Wm. penn, or the planters and Inhabitants of the said province, and that therupon any of the sd Laws wer adjudged and declared to be void by the said king, his heirs & successors, under his or their privie seal, That then, and from thenceforth, such Laws concerning which the sd Judgment and declaraon wer made, should become void, otherwise the Law so transmitted should remain and PROVINCIAL COUNCIL. 373 stand in full force, according to the true intent & meaning therof ; By virtue of which Letters patent, & pursuant to the powers, provisoes and restrictions therin specified, divers reasonahle and wholesome Laws wer made, transmitted & presented to the said king and privie Coun- cill : And wheras, the king and Queen that now are over England, die. by their Lrcs patents, under their great Seal, dated the 21"' of Octobr, in the 4"' year of their reign. Having for the reasons therin mentioned, taken the governmt of this province and Countrie into their owne hands, & under their Immediate care & protection, did tfiink fitt to constitute and appoint thee, the sd Benjamin Fletcher, lo be their Cap". Generall & Governo'' in Cheife in and over the same, Thereby Requiring thee among other things, to doe &l execute all things in due manner that shall belong to thy comand & the trust reposed in thee by the sd king & Queen, according to such reasonable Laws & statutes as then wer in force, or therafter should be made & agreed upon by thee, witli the advice and Consent of the Councill &; Assemblie of this Countrie. Now, forasmuch as the Laws of this goverm' soe made & transmit- ted as aforesaid. Have not been hithei-to adjudged or declared, (either by the Late king & Councill, or by his Successors, the sd king & (iueen, & their Council, under his or their privie Seal,) to be void, soe that such of the sd Laws as wer not discontinoued or repealed by the Legislative authoritie of this goverm' are still in force. And seeing it hath pleased the king & Queen so tcnderlie to regard the happie goverm' and comfort, as well as protection of this province & Countrie, as to Conserve these our Laws and Constitutions, so fittlie accommo- dated to our circumstances, with respect to tender Consciences, as welt as Commerce and Cultivation, Wee can doe no Less tlian with grati- tude & sinceritie acknowledge their Royall bountie and peculiar favour therin, Earnestlie desiring that thou wold be pleased, according to the Tenor and most favourable direction of thy commission, to govern us & Cause the administraon of Justice within this governm' to be agreea- ble with these following Laws, which are now in force, as aforesaid. Viz: The first Chapter of Laws, concerning Libertie of Conscience. The 2d, concerning the qualificaons of members of Assembhe. The 3d & 4th, agt. Swearing. The 5th & 85th, agt prophane speaking. The 6th, against Cursing. The 7th, against adultery. The 8th, against Incest. The 12th, 83d & 169th, agt drunkennes & drunkards. The 14th, agt drinking Healths. The 20, agt Rioters. The 22d, agt Menacing of Magistrats. The 24th, agt assaults. The 26th & 27th, agt rude sports, plays & games. The 30th, agt Spreaders of false news. The 35th, about the dayeg of the weeks & Mo's. 374 MINUTES OF THE The 37th, about jjlcadings in English. The 30th, 123d &. 150th, about Fees. The 42d, 74th &; 167th, about arrests. The 45th & 46th, about wills. The 54th, about prisons. The 56th, about the manner of punishment. The 5yth, about Taxes. The 66th, about Summons & Court proceedings. The 75tli, agt Barrctors. The 77th, about Orphans Court. The 80th, about 7 \ears quiet possession. The 82d, about Counterfittings hands or Sealls. The 90th, about taking away boats orCannocs. The 11th, Against polygamy. The 13th, agt such as sulFer drunkennes in their houses. The 17th, agt breaking into houses. The 19th, agt forcible entrie. The 21st, agt menacing parents. The 23d, agt menacing M"* Mrises. The 25th, agt Challenging to fight. The 28th, agt Sedition^ The 31st «fc 121, agt scolding. The 31st, about trialLs by 12 men. The 4 1 st, about defalcation. The 43d, about verball contracts. The 50th, agt defacers of Charters. The 53d, about goalers. The 55th, about felse imprisonment. The 58th, about free elections. The 64th, about Libertie & propertie. The 72d, ag' derogators of Judgments of Courts. The 74th, about making debtors pay by Servitude. The 79th, about acknowledging deeds in Court. The 81st, about Countio Sealls. The 84th, about Vending pype slaves. , The 91st & 184, about fences. The 94th, About fyring the woods. The 96th, About Hog-stealing. The lOlst, About the house of Correction. The l()8th. About departure out of the prov. The 114th, About buying land of ye natives. The 119th, About binding to the peace. The 125, About assigning bills & spetialtics. The 131st, About shipwreck. The 134th, About passes. The 136th, About attatching «fe passes. The 138th, About trucking wt servants. The 146th, About sunions of Juries. The 164th & 165, about robbing & stealing. The 166th, About appraisers. PROVINCIAL COUNCIL. 375 The 177th, About Juries not appearing, The 178th, About removing Land marks. The 1 83d, About tannd Leather. The 188th, About the sale of intestates' Land by the widow or adm' . The I90th, About the dyke at New castle. , The 199th, About rangers. The 201st, About the registrie keept by religious societies. The 203d, Concerning the Surveyo'' generll's fees. The lOOd, About Cart wayes. The 102d, About weights & measures. Tlie 118th, Ag' murder. The 120th, About fornication. The 126th, About bills of exchange. The I32d, About trusting mariners. The 134th, About selling servants out of the province. The 137th, About Harbouring servants. The 157th & 180, about runaway sonants. The 144th, lor Countrie produce to be Curr' pay. The 149th, about exporting horses. The 156th, about monthlie Courts. The 169th, about Licenses for ordinaries, and ag' disorders in ale- houses. The 181st, about debts payable in Country produce. The 187th, about Usury. The 189th, About taking Land in execution for debts, &c. Tiie 194th, Ag' wittnesses refusing to give evidence, being sumoncd. The 200d, About determining debts under 40s. All which said Laws and Chapters, & everie part yrof, Wee Hum- blie desire that thou will be pleased to cause thy officers & ministers to observe and putt in due execuon, as the}- tender the Honour of God, the king's Comands, the prosperitie of this government, and the rights and Liberties of the free people therof Signed in behalf of the House. JOS. GROWDON, Speaker. His Excell. M'' Speaker, Leave it with me. This is a tedious bussines and all to no purpose: where are the rolls of these Laws? You have brought me no Bill ; And I am informed that these Laws wer never transmitted to the king, nor confirmed by him. This is now the tenth day of your sessions, & all you bring me is a List of titles. M' Speaker. I doe conceive Some of our Laws wer enrolled Sc presented to the king, & the king and Queen doe allow that wee have reasonable Laws, in the Go" Comission. His Excell. You have the Queen's Letter with you for a supply towards your defence, and I doe not see that you have done anie thing in Complyanco therwith. I must begone and Leave you. Since I find you have no regard to their Maties' interest. I must give their Maties an accompt of the truth as I find it. M' Speaker. May it please the Go' not to be offended with me- There mi2;ht be a mistake of the Clarke in writting a word in the 3.76 MINUTES OF THE votes the night before Last, wher the house had under consideraon to give some Monie to the Late deputy Governo'' Lloyd & to Go'' Mark- ham, and the remainder to the Governo\ It was no disrespect to the Gor. that the Governo"^ was Last named. I lis Kxcell. M' Speaker, I never took notice of anie personall abuse of that nature; you mistake me if you think me of the opinion and humor of some that have been Latelie in authoritie here, to use the power and dignitie their Maties have conferred upon me, above other men, in a personall abuse. I did not take anie notice of it, some others that see them were pleased to doe. I come here to serve their Maties by their Command; am Concerned to see the time goe away and nothing done. M' Speaker. May it please the Governo'', John the Baptist camc betbr Jesus Christ, and yet hee said hee was not worthie to Untyethe shoes of him that cometh after; wee doe not think that either the Late deputy Go'' or Livet. Go'' Markham is neer so great as the Governo''. Thou must not therfore take it amiss of us, for wee truelie honor thee, it will take care to ans'" the king & Queen's demands. Governo'', ther was a Remonstrance which wee did offer formerlie to the Go- verno'', and the Governor did reject the same; wee have made some alteraon & doe now ofTerr it. His Excel!. You are mistaken that I did reject it. I did onlie ad- vise you as yo"" friend, to withdraw it, having used some scurrilous terms, as false suggestions, &c., which might no wayes tend to yo' in- terest, but hurt when seen att Whitehall ; you may read that. To Benj" Fletcher, Esq'., Captain Generall & Governor in Cheif in and over the province of pennsilvania and Countrie of New- castle, &c. The Remonstrance of the freemen of the said province and Coun- trey, in Assembly mett. Humbly Sheweth : That having with all dutiefull respect read and Considered the Go- vernor's answer to our address this morning, Wee in ansr. therunto, with submission say: Wee conceive that our desires wer not grounded on mistakes in relation to the proprietor's absence ; But as to the other clause mentioned by the Governo'' of their maties asserting their Un- doubted right of Governing their subjects in this province, &c.. Wee with all readines and Cheerfullnes own accordinglie to be the right of the king & Queen, whois prosperitie and happie reign wee hcartilie desire. And as to other reasons rendred for the superseding our proprie- tor's governancie; Wee apprehend they are founded upon Misinforma- tions ; for the Courts of Justice wer open in all the Counties of this governmt and Justice duely executed, from the highest crimes of Trea- son & murder to the determining the Lowest diilerence about pi'o- pertie, befor the date orarrivall of the Go'' Comission. Neither doc wee apprehend that the province was in danger of being Lost from the crown, although the government was in the hands of some whois principles arc not for vvarrs. And wee Conceive that the present PROVINCIAL COUNCIL. 377 govcrnancie hath no opposition, (with respect to the king's govern- ment here in general!,) to our proprietarie, Wm. penn's, tho' the exer- cise of thy authoritie att present supersedes that of our said proprie- taries. Nevertheles, wee readily own thee for our Lawfull Governo', saving to ourselves and those whom wee represent, our and their just rights & priviledges. Signed on behalf of the house. JOS. GROWDON, Speaker. 17'" of 3^ Mo., 1693. His Excel!. Gent!., Tlie word (misinformation) is verie Unman- nerly; their Maties are not misinformed. I could now wisli you had offered no such thing: notwithstanding your positive assertion of mis- information in relaon to the goverm' of this place, I doe affirm that manie and most of yo'' Laws are not Consonant to the Laws of Eng- land, nor have they been dulie executed: some Criminalls have Lain years in prison for want of execution, &, manie Instances can be given. I find tlae province in no Securitie. It is obvious to anie discerning man, that Less than 500 Souldiers may reduce it in as Little time as they can march through it. If it should please God that their Ma- ties' forces (as I hope) have taken Martinicoe, Wee must expect that such a great prince as the king of France will endeavour a Repri- sal!, unles wee can beat him outt of paris. It will goe hard witli liim l)efore he putt up such an aflront, and he will allwayes make his first impression where there is Least defence. Nevertheless, I will doe anie thing in my power for the renovation or Confirmaon of anie Laws that are consonant to the Laws of England. I will Consider and advise with the Council! concerning this paper of titles. In the meantime, I will desii-e you to goe on with the other affairs: I would have you to dispatch the selling the post office; It is a Comon good to everie one, and will save us the charges of sending expresses to our nighbouring provinces : also, the act ag* privateers, which none can object against. M' Speaker and the Representatives did withdraw. Mis Excel!, with advice and consent of the Council!, ordered M' Jamison to tell the Speaker in the House of representatives, tliat they have considred wliat they did ofPerr this day in Council! Concerning Laws. That his Excel!, was readie to pass anie Laws not repug- nant to the Laws of England ; That this is the tenth day of their sessions, and what is ottered is onlie a List of titles. It cannot be expected that his Excell. can goe blindfold to order the exucuon of Laws that doe not appear to him; Therfore, desires they will send him the rolls of these Laws they have mentioned, and whether they doe proceed upon the post-office and bill a g' privateers, or when they doe intend to proceed. M' Jamison returned in ans', : That the house was adjourned for an houre, and were gone to inquire of the M' of the rolls for the Laws. Adjourned till 3 a Clock afternoon. 32* 378 MINUTES OF THE POST MERID. 3 a Clock afternoon, the 24* of May, 1693. peesent: His Excellency BENJAMIN FLETCHER. Wm. Makkham, Esq'., Leivt. Governo^ Andrew Robeson, "j Wm. Salway, 1 Rob' Turner, [.Esq". Wm. Clarke, [.Esq". Pat. Robinson, J Geo. forman. J Ordered, that M"' Jamison doc deliver his former Last message, and doe ask M' Speaker to return his Excell. Copie of his Comission and bring it with him. M'' Speaker made ans'', That they have examined and find but some roils. That Livet. Governo' Markham was Secretarie, and he hath a book of Laws which they have much regard to, and also, that they did believe they might find with him the original bills; they have now sent some of their House to Inquire for ym, whom they expect. It were hard to suppose that these Laws they have acted by should be void, for the officers neglect in not enrolling them. M'. Jamison replied : That his Excell. did not blame this House for the want ofthem rolls, nor mean to charge any person with the ne- glect att present ; but that his Excell. conceives that these Laws might have by this time been got readie in new bills, to be offered ibr his sanction, that they may be enrolled for their use. M"" Speaker said: He believed their Laws wer good, notwithstand- ing the officers neglect. M"^ Jamison said : His Excell. did order him to enquire if they did proceed upon the post office and Bill ag' privateers, or when thev intended to proceed. M'' Speaker ansred : That the Bill for the post office was once read in their house, and hee found no objection ag' it amongst the mem- bers. M'' Jamison said: His Excell. does expect that M' Speaker will send back the Copie of liis Commission. M' Speaker answered, that the Go' had asked one of the members of the house for it formerlie, but that att the time liee had foro-ot to mention it in the house: it should be returned. M' Jamison said: His Excell. doth expect that I bring it along with mee. M' Speaker: it shall be returned by those who shall bring up the Laws. Edward Bleake, Samll. Carpenter, david LLoyd and John White, from the house of Representatives, came with a book of Laws to his pjxcell. and Councill, and did offer it as a true Copie; That they did beleive Livet. Governor Markham and some others of the Councill could inform the Governo' that of their certain knowledge these wer the Laws they had proceeded by in the governm', and desired that a PROVINCIAL COUNCIL. 379 Comittee may be appointed to Conferr with a Comittee of the repre- sentatives concerning those Laws that wer returned in the List of ti- tles given in this day. His Excel), told them, Hee could take no notice of that book unless it wer attested for a true Copie by the Go', secretarie, or M' of the Rolls : these scripts of paper are handed about from one to another, and everie one may alter them att pleasure. M' Lloyd. May it please the Go'', I did see some of those Laws, & doe know that they wer delivered in to the privie Councill by M' penn; & being nowayes disallowed, they must needs be of force. His Excell. This is the first time I have heard of that, nor doe I conceive it to be true. By the king's Lres pattents, yo"' Laws are to be made, ordained & published under M' penn's seal, & these con- dions are not performed : you cannot produce me one Law soc en- acted. John White. May it please the Governo', wee are but poor men & of inferiour degree, and represent the people, and wee cannot have the boldness to say to the Go'' freelie, becaus thou art soe farr above us, & putts an awe upon us. Wee wold willinglie be resolved of this point, that wee may be readie to doe the other part which perhapps may be ended in hours & not take up dayes ; But it's hard that all our proceedings in Courts of Judicature, &c. are grounded upon no found- ation, having no Law, then consequentlie void, & all for want of forme. His Excell. That may be easilie Salved with two lines of an act, which I will readily pass. M' White. May it please the Governo' to heare me speak the truth of the matter. This is our difficultie: Wee durst not begin to pass one bill to be enacted of our former Laws, Least by soe doeing wee declare the rest void, & of no force nor validitie, which will be of dangerous consequence; and therfore, wee desire to ha at some Cer- taintie in this matter: If wee can get over it, I hope wee shall quicklie come to a period, and therfore desire a Committee may be appointed f(i Conferr with us upon our doubts and objections. Ordei-ed, Wm. Markham, Esq'., Livet. Governo', Andrew Robe- son, patrick Robinson, Wm. Salway and Wm. Clark, Esq'^., be, and they are hereby appointed a committee of this board, to join a Comit- tee of the house of representatives, 'to Concerte of the paper contain- ing the List of titles of Laws delivered liis Excell. by the Speaker this day, and to advise what may be proper to remedie the former neglects & remove the doubts that have arisen amongst the representatives upon his Excell. ans'' to the sd paper. Ordered, that George Forman, esq', doe carrie a Copie of this order to the liouse of Representatives, and desire that the Speaker will ap- point a Comittee of that house to join the Comittee of the Councill att the house of Coll. Markham, at 8 a Clock morrow morning accord- inglie. 380 MINUTES OF THE [25"^ May, 1693. Att a Meeting of the Comittee of both houses att the hous of Livet. Governo' Markham, on Thursday the 25"" of May, 1693. present: WM. MARKHAM, Esq'., Livet. Go'. OF THE COUNCILL. Andrew Robeson, ? -p, „ William Sahvay, ? p « Patrick Robinson, 5 ^' William Clarke. ^ REPRESENTATIVES. Joseph Growdon, David Lloyd, James Fox, John White, Sam" Carpenter, John Brinkloe, Edward Blake, Cornelius Empson, John Swift. Livet. Governo' Markham. Gentl., You have desired a Comittei^ should be appointed to concerte with you upon some objections and doubts arisen upon the paper Containing the List of titles of Laws, & his Excell. answer therunto, for which reason wee are now mett. M' Speaker. Wee have manie reasons to believe that our Laws are of force, but shall only mention this ; That these manie years wee have exercised the government by these Laws, & are in the enjoyment of them ; Wee know them to be our Laws, and wee know & can prove that Wm. penn caried the greatest bodie of them to Eng- land, & conceive they wer delivered to the king, and never declared void : and as to the rest of our Laws, the time Limited in the Letters patents for transmitting of them is five years, which is not yet expired ; and as to yo' objection that they are not enrolled and und' the Seal of the proprietarie or his deputie, wee say that is not necessarie to the making of Laws, but they are onlie Ceremonies, and you have been active as well as wee in executing these Laws, tho without the Seal, and therfore, wee pray they may be allowed to be of force as our right. M' White: all the Laws that wee pretend to are 203, wherof 174 wer made while the proprietarie, Wm. penn, was here in person. Wm. penn had sufficient power to make these Laws, and Livet. Go- verno', You wer present att the making of ym, and if any thing wer amiss you are concerned. Livet. Governor. I was present att the making of them all. M' White. AH except about twelve or thirteen. Livet. Governor. I was not secretarie all that time when the Laws wer made, but alt the making of a icw of them. M' White. Those Laws were caried home to England by Wm. penn, and by him presented to the king, or his privie Councill, which wee are readie to prove, and the king did not within six months declare them to be void ; Therfore, they are our Laws, and wee have had the peaceable exercise and enjoyment of them; and some of you that nre of the Comittee of tho Councill have sitt upon the Bench, and given Judgment of death by these Laws ; wee are in the posession PROVINCIAL COUNCIL. 381 of ym & say they are good and of force. Wee desire you to prove that they are not good. Livet. Governo^ Wee arc not to prove the negative, you are to prove the affirmative, becaus you produce none. M'' White. Wee have our Laws here ; And wee now put it to the Livet. Governor to say whether hee hath not the originall bills of these Laws in keeping, as formerlic secretarie of this province. Wee are willing to have them compared with these bills; wee know ym to be true Copies ; wee are readie to prove that they wer passed into acts. Livet. Governo^ I owne that I have the Bills by me, and doe be- lieve that book maybe a true Copie, and all which you have alledged may be answered in one word, but goe on and say what you have to say. M'" Lojd. That is all wee desire, if these be the Laws that wer enacted ; Wee came not here to dispute the forme and validitie of the Laws by the want of a seal, or their not being Lcgallie published; But whether these be the Laws or not that wer made and published, which you confess ; Soe the matter is att an end. Livet. Governo''. Have you anie more to ofterr. M"" Speaker. Doe you call us in question by what authoritie wee doe use these Laws, when you have jointlie along with us executed them ? M'' Lloyd. Who can be Judge whether these Laws be in force or not. None can be Judges but those that made them, since ther is no order from the king and Councill declarring them void; wee desire that they may be putt in execuon. It wer hard that the want of the affixing a Seal, or some such other Ceremonie, should destroy our Laws ; And if wee allow this att present wee must expect it for the future. That everie new Governor, finding fault Avith some omission or another in the making or publishing of our Laws, will declare them void, which is of evill Consequence, and wee doe not know that ever wee shall have more Laws. Livet. Governor. Have you anie more to offerr. M' Speaker. Wee have, But this may suffice att present ; Saving to our Selves the making farther ans'' and defence when wee shall hear what is offered ag' our Laws being in force. Which wee desire to hear. Patrick Robinson, Esq'. Gent!., You have desired his Excell. to Cause the officers to putt in execuon the Laws contained in this List, and have made a Large preamble or Introduction to this desire, wher- in you have been Unfair in repeating the words of the Charter. In your paper you say: ["also granting unto the said Wm. penn, his de- " putie or Livets, by virtue of the said royall charter, full, free & " absolute power, by and with the assent of the freemen of the said " province, to make, enact and publish any Laws whatsoever, for " anie, and appertaining either to the publick state, peace, or saftie " of the said Countrie, or unto the private utilitie of particular per- " sons, according to their best discretion."] Whereas, the 4"" para- graph of the Letters patents is in these words: ["And for as much " as wee have hereby made and ordained the aforesd Wm. penn, his 882 MINUTES OF THE " Heirs and Assigns, the true and absolute proprietors of all the " Lands >Esq". w""' n h?' i^Esq" Pat. Robinson, J ^ Wm. Clarke, t ;■} Two of the Representatives did present 13 bills not signed by the Speaker, nor anie wayes relating to the Queen's demands and his Excell. desire, which wer read. Adjourned till 3 a Clock afternoon. [post merid. POST MERIDIEM. present: His Excell. BENJAMIN FLETCHER, &c. Andrew Robeson,-! ^jj,j^^^ g^^,^ Robert Turner, \^p ^j,,;^^ Clarke, Pat. Robmson, i ^ /-> v „ r /-.I George i'orman. Lawrence uock, J = Ordered, that Pat. Robinson & George Forman, Esq'., doe signifie to the House of representatives that his Excell. is surprized to find 13 bills returned & none of them answering their Maties' demands, nor hath his Excell. seen one vote or minute of assembly concerning anie of them. None of them are signed nor passed the house in anie forme, Soe that nothing is done but an expcnce of time ; That they desire them to dispatch their Maties' affairs, which suflerr much by his 388 MINUTES OF THE Excell's absence, being severall times called back to the fronteers since his coming hither, and must be gone to nwrrow. Pat. Robinson & George Forman, Esq"., did bring answer from the speaker, that they wer making haste ; had not mispent time ; wer putt upon new & unusuall methods, & desired the Governor's excuse: that the monie bill was almost readie. Adjourned till morrow 8 a clock morning. [31^' May, 1693. Att a Councill Held att Philadelphia the 31" May, 1693.. PRESENT : His Excell. BENJAMIN FLETCHER, &c. Andrew Robeson,"] Wll' PI k "1 Robert Turner, I Esq". ^ ^ *^t^ ' ^Esq". T ri 1 r George rorman, C ^ Lawrence Gock, J J John White and Edward Blake, from the representatives, brought up the former 13 bills, signed by the Speaker. His Excell. told them that their house had not treated him well ; That they had not sent the votes of their House these two nights by past ; That he hath not found in anie of their votes the Least men- tion of these bills they have surprized him withall, and desired their dispatch of their Maties affairs. John White repeated the former excuses for their delay, and told his Excell. that there were revolutions in government of Late, and tho'' they were conscious of no guilt, yet it wold be Convenient to pass an act of oblivion. His Excell. replyed. That he was sensible of a great manie ne- glects and abuses that wanted reformaon, particularlie their Laws not published under Seal nor enrolled : That hee had offered to sett them to rights, and to grant ym anic thing which might be consistent with the laws of England and their Maties Letters patents, but they have slighted his otferr, and had the boldnes to juslifie ymselves in everie thing.' Ordered the reading of tlic thirteen bills. The 13 bills being three times read, Ordered that pat. Robinson, Esq', doe acquaint tlie House of representatives that these bills are read over, & his Excell. expects what they furder intend to offerr. .lames Fox & Cornelius Empson, from the hous of representatives, brought up 18 bills Signed by the Speaker, amongst which a bill for erecting a post office and a bill against privateers. Ordered the reading of the said Bills. The Governor and Councill doe assent to twentie bills without amendment; five with amendments^ and Six wer Laid aside. Adjourned till 3 a Clock aflernoone. PROVINCIAL COUNCIL. 389 POST MERID. Att a Councill Held att Philadelphia the 31'' of May, 1693, post meridiem. PRESENT : His Excell. BENJAMIN FLETCHER, &c. Andrew Robeson,^ -iir-n- o ^ ~) n , ^ rr. vviUiam Salwav, Robert lurner, ' tt. „ -wt-u- r<^ i 1 1?^ r» Pat. Robinson, ^^ ' Wilham Clarke, ^Esq . T r> 1 Lieoro-e torman. Lawrence Lock, J J John White, david Loyd, Sam" Carpenter and Edward Blake, from the house of representatives bring inandofferr the Bill ofsupplie for the government, which they say is read two times in their house, But not passed, and desires to know what is become of the other bills they have sent up ; whether they are passed or not, or what amendments arc made, &c. His Excell. Gentl., This is no bill. I will not Look upon it untiLl it be passed y° house & signed by the Speaker. I have sent you word formerlie that the speaker was to cause be wrote under each bill : " This bill being three times read, is assented unto by the House of " representatives and ordered to be transmitted to the Governo'' and "Councill for their assent thereunto; and then signed by order of the " house: his name." But this you will not follow becaus bid to doe it. Mr. White. May it please the Governor not to take it amiss that the representatives are desirous to know what is become of the other bills, ere they proceed to the passing of it ; They Judge it the practice of the Comons of England and their right, therfore pray Gverno'' excuse it and peruse the bill. His Excell. Gentl., If you did design to Compliment me with the sight of this Bill before it was passed yo'' house, you might have fol- lowed other measures. I can take no notice of it here untill it come signed by the Speaker & past the house. I will not Lookc upon it. M' LLoyd. To be plain with the Governo'", here is the Moniebill, and the house will not pass it untill they know what i^ become of the other bills that are sent up. M' White. May it please the Governo', The house doe not know but those bills the Governo'' may see Cause to Lay aside may be the bills they putt the greatest value upon, therfore pray thee to excuse it, and Condescend to them in that thing. His Excell. Gentl., You have not dealt faii'He by me ; you have no ( 'andor ; you have sitt these fifteen dayes & nothing done : no vote mentioning those Laws ever came to my hand untill you surprize me with 13 bills; & again more, some of which are directlie oppositt to their Maties Lres patents. I came not here to make bargains nor ex- pose the king's honour. I will never grant anie such for all the monie in your Countrie. You have had her Maties Letter before you, and Let the house Consider what they are doing : I must be accomptable att Whitehall for everie thing that is transacted here in this assembly. 33* 300 MINUTES OF THE I shall be sorrie if I can be able to give you no better character; and in short, you must expect to be annexed to New yorke or Maryland. I will not Look upon the Bill untill it will be three times read &. signed by the Speaker. The Representatives did throw down another bill upon the table and withdrew. The Bill Last delivred is Concerning the estate of persons de- ceased, and not signed by the Speaker. His Excell. Ordered M' Robinson to Carie the same back to the house, and tell them that his excell. hath passed a bill ag' abusing Magistrats this day in Councill ; that they sufficicntlie abuse his Excell. in sending up such scripts of paper without being signed, & tliat they must not expect that hee will take anie notice of such. His Excell. sent M' Robinson and M' forman to inquire if the house of representatives had anie more bills to offerr ; Who in nns'' said, the house wer in debate whether they should send anie more bills fer assent Untill they heard that the other former bills were passed. His Excell. after Long expectation, did desire the advice of the board whether hee should not dissolve the assemblie, having had no regard to their Majesties demands for assisting New yorke. His Excell. ordered pat. Robinson & Geo. Forman, Esq", to wait upon the house of Representatives and demand of them whether they have complied with their Maties demands for assisting New york ; whether they had considred of a Quota of men or monie, or both, and that they return an ans' in writting, Signed by the speaker. His Excell. gave them the Queen's Letter, of which the Represen- tatives had formerlie a copie, that they might see it. They brought in ans' that shortlie they wold bring an ans' in writ- ting. His Excell. did demand of the Councill If they have observed him to take wrong measures to disoblige the representatives and make the inhabitants uneasie since hee came amongst them, and prayed them to use their freedom of speech. The Members of Councill did Return, That they wer admirers of his Excell. patience, and wer wittnesscs that hee hath taken all the stepps of Condescention Imaginable to gain them, and that they wer afraid the Countrie will be att Last Sutierers through their means. His Excell. gave the board to understand that hee hath sent severail messages to the Representatives they have done nothing to answer tho Queen's Lett'. They have adjourned ymselves twice this day, and it is now three Hours since the Last message was sent to them; Thcrfore, asks the advice of the board to send for them and dissolve them. Andrew Robeson Esq', made answer. That hee was ashamed of their behaveour to his Excell. after all that Condescention and patience bis Excel], hath showen to them : being putt to the vote. It is the opini- on of the Councill (onlieM' Sahvay excepted) that His Excell. have PROVINCIAL COUNCIL. 391 patience till morrow morning, and that if they give not satisfactorie ans' to the Queen's Letter by 8 a Clock to-morrow morning, then to dissolve the present assembly. Adjourned till 5 a Clock morrow morning. [rjune, 1693. Att an Assembly Held att Philadelphia the first day of June, 1693, 5 a clock Morning. present: His Excell. BENJAMIN FLETCHER, &c. Andrew Robeson,^! ^y^^ ^^y Robert Turner, ^.^ ^.^_ ^1^^,^^^ Pat. Robmson f ^ Geo. Forman, Lawrence L-ock, J The Councill Having sitt two hours, Ordered that Pat. Robinson,. Esq', doc wait upon the House of Representatives, and demand of them an ans' to that message concerning the Queen's Letf, according to promise Last night, in writting, & whether they have anie further Bills to offerr. John White and Edward Blake from the Representatives brought a Roll of Laws, annexed to a petition of right, which Laws the assem- blic doe petition may be ordered to be putt in execuon by the officers in the government, & a bill giving one pennie in the pound to y' Maties. His Excell. did say : Gentl., you have not dealt kindlie by mee. I suppose becaus you doe not know mee. However, I shall cause this Bill to be read, &; then send to the speaker and the whole house. I suppose I shall give them satisfaction. This might have been done five dayes agoe. ]\r White. May it please the Governo'' not to take it amiss from anic particular member of the house, for as wee differ in face, so also in mind ; It was not delayed through anie disrespect to the Governo"' but that it doth take up some time to bring men's thoughts and tempers In agree. I hope the Governo"" will part with us in Love. His Excell. You may tell the house that I shall send for them so soon as have perused the bill. The Bill of the pennie in the pound read three times. Ordered pat. Robinson, Esq', doe call the speaker and Assembly. The Speaker and assembly present. His Excell. said : IVr Speaker and you gentl., The representatives of y" province, There is one bill that you have passed giving the pennie in the pound to their Maties, for which I am obliged to thank you. It wold require severall amendments, but I am in haist. I could wish vou had given that monie, as you call it, for support of the a92 MINUTES OF THE government of the province, by another name; It would a been more suteable & pleasing if you had taken some notice in the bill of the Queen's Letter; But I shall not insist, and as for that part yrof which you design for mee, I shall putt it to that use which their Maties shall require mee. (a^entl., There are Bills which are passed in Councill without amend* ment and approved : there are some five or six more that will want amendments, as that of marriages. The Councill are of opinion, with some of yo' house, thai it is hard to oblige persons of religious so- cieties diS'erent from the Quakers, should be tyed up to their measures. Bridges. There is a word Left outt, perhapps by the Clark's mistake, which is the penaltie for not working. The Councill have putt in twentie Shillings for a dayes neglect : I believe you will agree to it. I believe it wer not amiss it wer 40 shillings. Criminall offences. There is wanting in this Bill the Crime of Burglarie, which you may have easilie added. Cask. In the assize of Cask, It wer proper to take Notice of the oil Cask ; fishing with the people of New york is much improved &. oil makes a good return. I hope you will consider the improvement of it amongst you ; also, I understand there is something done towards that trade of oil; therfore, it cannot hurt to regulate the oil Cask. Recording of deeds. I wold have the preamble Left outt; It's no part of the Law nor adds nothing to it. There are severall other Laws which I could wish there wer time to consider of ym, but I doubt they will occasion so much debate as will make expence of time. There is that ag' debacherie in oflicers ; I am willing to pass anie Law ag' bebauchrie you can propose ; but there are Laws alreadie ag' those Crimes, and if they be putt in exe- cution will not serve. M"" Speaker. May it please the Governo'', Wee know there are penalties upon such offences ; But wee wold willinglie see that the highest places in governm' should be supplied with officers of most virtuous & exemplarie Life. His Excell. And I also; But it is hard for a false step, in drinking a cup perhapps too much, a man should be deprived of his birthright, which is that hee be uncapable to elect or be elected : this is too severe. It is the free Holders birthright as much as his name. I will give you Leave to banish mee outt of the governm' when you shall find me drunk. But M' Speaker, there are manie otlicr crimes, as fornication, which a man may happen to be guiltie of as well as drunkennes; why is not that in amongst the rest. I cannot take away the Subjects birthright. But if you will pass a Law for either Mulct or Corporall punishment upon such oflencesin Officers, I shall be readie to pass it. I believe if this bill You have proposed wer applied to this present assemblie in the strictnes of it. Wee should have but a thin House. There are but few men in the world but one time or other may be convicted of Some of these Crimes. Yearlie delegates. This is directlie oppositt to their Maties Lres patents. I will engage that while I am in the goverm' I will call an PROVINCIAL COUNCIL. 393 assemblie together once a year ; But the king's affairs will not Suffer me to be allwayes here att a certain time. Besids, Itis their Maties prerogative to call assemblies as often as they see meet, and this they have given unto me ; I cannot part with it ; besids, where is the hurt, if a good assemblie should be continoued by adjournment from one year to another. I Love to have Honest men upon my side, and for the rest I doc not care where they be. Sallaries to the Assemblie. Gentl.,It is well, but you must also have under consideraon the Livet. Governor and the Councill. If it wer once come so farr as to have a Revenue established within this province upon their Maties to defray the necessarie charge of the go- verm', I wold show you which way it should be made use of for Sup- port of the officers. Therfore, att present I wold have you take the Livet. Governor and Councill und' your Consideraon, as well as the representatives. Ferrys, If I am well informed, are a Royaltie, and are granted to the proprieto'. It seems strange to me that you should incline to take away anie thing from the proprietor, who is yo" friend. It is but his right, and I cannot take it from him. I cannot pass this bill. PIRATES AND PRIVATEERS. The Bill which I sent you was origin- ally drawen up att Whitehall. I cannot pass it as you have altered it. There is other Laws to punish privateers, & I am Vice admirall as well as Governo' here. Since you did not pass it in form I shall not insist. I remember some of you said it was too Sanguinarie ; It can doe you but Little good or harme. And for Choosing of officers. It is a thing the king hath Lodged in me to appoint officers ; therfore, you must not expect it. To this and the other concerning delegates, I must give you a positive answer. I cannot pass them. M' Speaker desired the amendments, and was told they wer en- dorsed on the bills, then w'drew. His Excell. did sign the other Bills that wer passed the Councill,. and an ord' und"' the List of Laws & petition that all Justices, She- riffs, Constables & other officers in the province of pennsilvania and Countrie of New Castle, should execute, or cause the same to be exe- cuted, untill their Maties pleasure should be further known. Ordered, Pat. Robinson, Esq', doe carie down the signed roll, and show his Excell. Signature therunto, and desire them to return the Monie bill ; which was done aceordinglie. His Excell. ordered Wm. Sal way. Esq', to enquire of the repre- sentatives if they were desirous to be adjourned, prorogued or dis- solved. Who returned that they wold consider of answer. Adjourned till 2 a clock afternoone. 394 MINUTES OF THE POST MERID. Post Meridiam, prsesentibus ysdem qui ante. Edward Blake brought up Nine bills amended as the Governo' and Councill did propose, which his Excell. did pass ; and that the assem- blie could not consent to the amendment of the Bills for allowance to representatives, nor that of appealls, since they cannot allow Burglarie to be a capitall crime. Edward Blake brought the bill of appealls, with the crime of Bur- glarie, allowed by the representatives. Which being three times read was assented unto by the Governo' & Councill. His Excell. bid him tell the representatives that hee was readie to pass the bill for allowance to the representatives. But the Councill de- clare their opinion ag' it, unles provision be made for the members of Councill, which is best done by establishing a revenue for support of the government. His Excell. desires that the speaker and representatives doe attend him forthwith, being readie to goe on board. M' Speaker and the assemble wer admitted. Then His Excell. said: M' Speaker and you gentl., you may be perhapps mistaken or not well acquainted with the Nature of passing bills in generall assemblie; You have had the Copie of my Comission, & you will find it there, that they are to be enacted by mee, by & with the advice & consent of the Councill &; assemblie, or representatives, Soe that it is not in my power to pass anie bills that come from your House, if I wer never so willing, w'out the advice and consent of the Councill, tho' as they say in England, I have in myself the power to damn them, which is the Ne- gative voice. I am verie willing to pass this bill for an allowance of Six shillings per diem to each representative, and Nine shillings to the Speaker; But I find a nemine Contradicente in the Councill for Lay- ing it aside. They doe alledge that your preamble to that Bill is verie fair and plausible, (to witt, the support of the Governm',) but then you must not seem therby to take the government whollie into yo"" owne hands, as if the Livet. Governo'' and the members of Councill had no share yrin. They are Satisfied that ther is some thing due to you for yo' service, but it is also true that the members of Councill have a share in the government, and are in the Nature of the upper house, and there is no provision for them; you must not then take it ill att my hand, for I doe declare to you, Gentl., that if the members of Councill will Consent to it now, I will this moment pass it as it is. M"^ Speaker. May it please the Governo', I knew not what thou woldst say to mee, therfore am not prepared to ans'. But this I will venture to say of my self, and beleive it is the opinion of the house, That wee may give the Councill the Character of great injustice to us. I doe not blame thee. His Bxcell. It is not my fault ; I am readie to signe it, and think it a verie reasonable allowance. M' Speaker. Governor, wee have just now paid twelve pounds odd monie outt of our owne pocketts for house rent, Clark's fees, and doore keeper, &> for my owne part, I have served the Countrie these PROVINCIAL COUNCIL. 395 •severall years, and never had one farthing ; But since it is soe, wee vrill not insist upon it. I wish that upon the Like occasion for the fu- ture, the Governo'' may be assisted with Councillors of more justice, and an assemblie of more witt. His Excell. I am a stranger; I have put no stranger over you. I have had those gentl. recommended to me, and have found ym all wise, Carefull, & diligent to forward their Maties' Service during my abode. It is my rule to beleive well of everie man Untill I find the Contrary; your jealousies have been a great hinderance to their Ma- ties' affairs in this assemblie. This bussines might have been done 8 dayes agone : But I attribute it to this, That you doc not know me. I could wish you had made provision for all the officers of the go- vernm'; If you had, I was allwayes readie to pass it. I see one vote of the house to that purpose, but heard no more of it. M' Speaker. Governo", True wee did in the beginning. Wee had severall debates upon it, but it could not pass the house; It was ever much opposed. His Excell. What harme wer it, or who could sufferr by it, if something wer laid upon wine, brandie, beer and Syder. No person i.s obliged to drink, & they y' will dipp a Little more than ordinarie, will never feell the paym' of it, nor drink the Less. It wer a better way than to Levie mouie by distres, which takes a sum out of poor sober people's hands att once. I doubt not but an excise upon strong Liquors, with the addition of somethings els, wold raise a Consider- able sum of monie yearlie for the support of the Livet. Governor and Councill, &; other officers. Gentl., These Councillors will not allwayes be in place. It may be probablie yo'' owne turns to Serve veric shortlie. If once you wold astablish a revenue upon their Maties for the support of the govemm ' as it is in all places, I should quicklie give you an accompt how it should be distributed. It hath cost mee neer 2001b. the time I have been amongst you ; there is my servants, horses & my table, which I have keept for these gentl. y' came along w' me: and for you M' Speaker, & the gentl. of the assembly, if att all times three or foure of you could have come, my door was never shutt, and I told you allwayes soc ; but there was such jealousies and fears amongst some of you in this place, that it was avoided as if it wer treason for the speaker or anie other representative to be seen in my Companie during yo' Ses- sions. My temper has been allwayes otherwise. I ever Loved free- dome, and it is no argument of Love and affection where jealousie doth so predominate; It is not my fault; I hope wee shall be better acquainted in time. Gentl., I did desire to know of you whether you desire to be adjourned, prorogued or dissolved. M' Speaker. Governor, wee desire to be dissolved ; wee doe thank thee for thy care and kindnes to us. His Excell. Gentl., I will order the secrie to enroll those Laws that I have passed upon parchment, and affix a Seal to ym, and they shall remain in his office, to be a standard of yo' Laws, to which you may recurr upon all occasions. I have Likewise ordered that the monie 396 MINUTES OF THE bill shall be first enrolled, Which I doe for yo' sakes ; And trulie, I could wish you had taken notice of the Queen's Lett'yrin; It wold have been better received by their Maties. And since you desire to be dissolved, I Have dissolved you. And you are hereby dissolved from the assembly, Soe gentl., I wish you all well to yo' homes. Wee thank thee Govemo and departed. The end the first Sessions of Councill and Assembly. ,[2^ Janry, 1693-4, Att a Councill heldatt philad. 2^ Janry, 1693-4. PRESENT : WM. MARKHAM, Esq' Leivt. Govemo'. Rob' Turner, ? p " Wm. Salway, 5 * P^^. Robinson, Secrie. No business ofiering, the Councill was dismist. [9* Janry, 1693-4. Att a Councill Held att Philadelphia the 9'" of January, 1693-4. present: WM. MARKHAM, Esq'. Leivt. Governo'. Wm Salway, > j^ „ Robert Turner, 3 ^ ' Pat. Robinson, Secry. The Leivt. Govemo" being Informed that some persons had been brought before some of the Justices of the peace for Robbing & steal- ing, which Crimes, by the 104"' & 1 05"" Laws of this province, wer formerlie punisht with restituon & 21 strypes. And which two Laws wer designed by the Last assemblie to have been Continoued in force in their potion of right to his excellie, and tho', these two Laws be in the minutsofthc Councill, & also in the assemblie book, amongst the List of those Laws presented to his Excellie 61 Councill to be Con- tinoued, yet they wer through haste omitted to be putt by the assemblie in the roll of Laws by ym requested to be continoued, By reason qrof, the Justices are doubtfuU how to proceed in the punishment of such Criminalls. It was resolved. That his Excellie be Humblie requested to give hi« determinaon in this matter. PROVINCIAL COUNCIL. 397 [16'" Janry, 1693-4. Att a Councill Held att Philadelphia the 16* of Janry, 1693^. PRESENT : VVM. MARKHAM, Esq^ Leivt. Governo^ Robert Turner, Esq'. Pat. Robinson, secry. No bussines presenting, the Councill was dismist. [23" Janry, 1693-4, Att a Councill Held att Philadelphia the 23'^ January, 1693-4. PKESENT : WM. MARKHAM, Esq^, Leivt. Governo'. Robert Turner, Esq^, pat. Robinson, Secry. The Leivt. Governo"' signified to the Councill, That hee had a Letf from his Excellie, Containing a matter of moment, which wold require a full Councill; did therfor acquaint the members present not to faill to be here the SO"" instant, and ordered the Secrie to write to Jn" Cann & George forman, Esq"^., to be then also present, whicl) the secrie accordinglie did. [SO"' Janry, 1693-4. Att a Councill Held att Philadelphia the 50'" of January, 1693-4. PRESENT : WM. MARKHAM, Esq^, Leiv' Governo^ Rob' Turner, ~) /-< t:> •n' r AA7- o 1 I T? rs Gso. T orman, Esq^ Wm. Salvvay, vEsq". . n i ■ o T ri 1 l pat. Robmson, becrv. Lacey Lock, J i ' ./ The Leiv' Governo' acquainted the Councill that hee had sent for Jn" Cann, Esq'., the 22'' instant ; That the Secrie had writ to him from Geo. forman, Esq', his house, to be present att a full Councill this day to advise about a matter of moment. M' Cann not having come, The Livet. read a part of his Excellie's Lett' to himself of the yth instant, in these words, viz: "You doe not ans' mine relating to assem- " blie which I incline to hold att New-Castle, but will compile to the " Councill's opinion." After some debate about this matter. The further debate therof wa g^ „ Wm. Clarke, > ^ Rob' Turner, j Cleo. foreman, 5 ' The petion of Breta Jonson was read. Setting forth that shee is the widow of derick Jonson, who was executed for the murder of a man, &c.wherbyhis estate, reall & personall, became forfeited to their Maties, But by the Clemencieof theLeivt. Governo', the petition' was ordered one moity yrof, for her and children's subsistence, but Could not gett possession of anie of the movables, onlie the moitie of the Land and house, and is now in a verie Low condition, having three children to maintain,- And therfor. Requesting his Excellie to Consider hercon- dion, &; reverse the judgm' which was executed on the other moity of the Land, and in his clemencie & charitie. Order the restoraon of the moity which is not in her possession, for a further support to her pre- sent necessities. The abov sd petion was referred to Wm. Sal way & Geo. forman, esq"., to report what they Judge proper to be done in answer therto ; And they having Reported that by the Law the widow hath a right to half the personall estate, and desired, with the rest of the Councill, that his Excellie will grant the other half for y' main- tEiinance of herself and children. His Excellie ordered that the same be granted her for that use, shee paying all reasonable charges and fees. [30'" of May, 1694. Att a Councill Held att Philadelphia the 30'" day of May, 1694. PRESENT : His Excellie BENJAMIN FLETCHER, &c. Wm. Markham, Esq., Leiv' Governor Rob' Turner, | Wm. Clarke, l^. pat. Robinson. lEsq^ Qeo. Forman. 5 '^ ' Wm. balway, J His Excellie ordered the reading of the articles exhibited by some of the Inhabitants of Philadelphia ag' Robert Brett, Clark of themar- kett, which wer read, and ordered the said Robert Brett should have a Copie therof. Ordered that a warrant Issue upon Robert Turner, Treasurer, for payment of One Hundred pound to dauiell Honon, for his Excel- lie's use. 406 MINUTES OF THE [2" June, 1694. Att a Councill Held atl Philadelphia the second day of June, 1694. PRESENT : His Excellie BENJAMIN FLETCHER, &c. Wm. Markham, Esq'., Leiv' Governo'. And' Robeson, ~) ,,, /-.i i ") Rob' Turner, lEsq". Wm. Clarke, U pat. Robinson, J Geo. forman, j H The petion of Joseph Bray man, in behalf of himself and wife, The reference therof to Wm. Clark, esq'., and his report therupon, wer read. The Report in his favour approved, and the petition granted. [4"^ June, 1694. Att a Councill Held att Philadelphia the fourth day of June, 1694. PRESENT : His Excellie BENJAMIN FLETCHER, &c. Wm. Maekham, Esq'., Leiv' Governo'. Andr. Robeson, ? t;. „ pat. Robinson, ? t^ „ Rob* Turner, S "^ ' Wm. Clarke, ^ ^^1 ' His Excellie did ofFerr that he is desirous to give all just Satisfac- tion to the people, and therfor proposed to affix placardes, giving notice to all persons that hee hath appointed Tuesday, att eight in the morn- ing for the hearing of anie Complaints made ag' Rob' Brett, the Clark of the market, for anie misdemeanors Comittedin the execuon of his office, wher all Complainants & evidences shall have access, which is agreed unto, and ordered accordinglie. His Excellie did Likewise acquaint the Councill, that hee hath ap- pointed the same time for enquiring into the matter of peter debuc, deceased, which Comes under his Excellie's Cognizance, and desired they would be wittnesses therto. [5'" June, 1694. Att a Councill Held att Philadelphia the 5* day of June, 1694. present: His. Excellie BENJAMIN FLETCHER, &c. Wm. Markham, Esq'., Leiv' Governo'. And' Robeson, "^ -^ pat. Robinson, ^Esq^ Wm. Clarke, ' „_ Wm. Sahvay, J Geo. forman. J ^ Robert Brett, Clark of the market, being heard, & manie persons PROVINCIAL COUNCIL. 407 appearing ag' him, they made severall misbehaveors appear in the cxccuon of his office, for which his ExceUie discharged him from the said office. The bussines of peter debuc's will deferred till afternoon. 3 of the Clock, afternoon. present: His ExceUie BENJAMIN FLETCHER, &c. VVm. Markham, Esq'., Leiv' Governo'. And' Robeson, ^ ^r^ Clarke "1 pat. Robinson, j>Esq". Qeo.Vorman,' r'"^"' vVm. balway, J J His ExceUie Having ordered the Hearing of what might be offered ag' the will of peter de buc, deceased, and severall things being offered by sundrie persons, wherin they seem to insinuate there was fraud and Collusion in the making therof, His ExceUie did, upon hearing therof, dismiss the people, and desired the Councill to give their opinions upon the whole matter. Whether or not the will, which was proved befor the Leiv' Governo'', Can be allowed or not; Which being putt to the vote amongst the members of Councill, was caried in the affirma- tive, &, his ExceUie did allow jrof. [6'" June, 1694. Att a Councill Held att Philadelphia the sixt of June, 1694. present: His ExceUie BENJAMIN FFLETCHER, &c. Wsi. Markhah, Esq'., Leivt. Governo'. And' Robeson, ") Wm. Clarke, 1 Rob' Turner, I Esq". Lau' Cocke, [.Esq^ Pat. Robinson, J Geo. forman. J The petition of Waddy Reynolds was read, & Ordered Wra. Clarke, Esq', be Impowered to hear and determin the matter of complaint, & to See that the widow & children be not injured, and that an Ord' Issue forth to the justices of the peace to stoppanie further process in the mean time. The petion of Mary White was read, and ordered the Justices of the Countie Court deliver her accots, & cause them to be reguhted accordinsf to the table of fees then established. 408 MINUTES OF THE [11* June, 1694. Att a Councill held at Philadelphia the y"" day of June, 1694. present: His Excellie BENJAMIN FLETCHER, &c. Wm. Markham, Esq'., Leivt. Governo'. And' Robeson, ? p n. Wm. Clarke ? p i. Rob" turner, 5 ^^^ * Wm. Salway, S ^^ * The petion of Mary White was read, qrin shee setts forth that her Husband, deceased, was sheriff of Philadelphia, & became bound for the rent of y^ house hyred for the use of the Countie, to be a goal ; that the rent of the sd house is not yet paid, and the bond of the sd Jn" White standing outt ag' the petition', to her great trouble. Ordered, the Justices of the peace in the Countie of Philadelphia, draw a warrantt upon the Countie Collector, to pay the rent due for the said house, and procure the said bond to be delivred up Cancelled, to the petitioner. His Excellie did acquaint the board that hee did receive informaon Saturuday night, that after the dissolution of the Assemblie, David Loyd, with the Representatives, returned to the place of their ses- sions, and david Loyd assumed the chair, and said they wer not dissolved until they had dissolved themselves also, and caused some minute to be entred upon record. His Excellie desired the opinion of the Councill to send for the Clark of the late Assemblie, together with the minutes of their Journall, Which the Councill doe approve of. ■ Ordered, Jn" Claypoole, Esq' sherif of Philadelphia, doe forthwith brmg the Clark of the assemblie, with the minutes or Journall of their House, befor his Excellie in Councill. His Excellie did give to understand that the assemblie did insinuate in their Remonstrance, that something in the former Assembly was done in ans' to the Queen's Letter, produced the act to the Councill, & demanded the opinion of the Councill whether it doth appear that they have given anie thing to ans' the Queen's Letter. It is the opinion of the Councill that ther was nothing granted in the first assembly to enable his Excellie to ans' the Queen's Letter, nor anie thing proposed in the Last Assemblie that could be construed that way. It is the opinion of the Councill, nemine Contradicente, that his Excellie, the Governo', hath proceeded in all matters in this Late Assemblie with great prudence and moderation, and with their Con- sent and advice, and not otherwise. The Clark of the assemblie E[aving brought the minutes or Journall of the Assemblie, It found entered that upon the Governor's request they did adjourn to the Councill chamber, after his Excellie the Go- vernor, had dissolved the assembly In hac verba is entred. Upon their Return the Speaker Reports that the Governor was pleased to dissolve this house, & it is accordinglie dissolved. The Comrs of the propertic of M' penn gave in their report con- cerning the ferrie at Skuillkill, that it is the undoubted right of the PROVINCIAL COUNCIL. 409 proprietor. His Exccllie gave his opinion that they ought to njain- triin & support the proprietor's right in his fcrrie, as they had dooe formerlie, And ordered a warrant Issue to the keeper of the said ferrie, requiring him to pursue the rules yrof, and a prohibition to all others from offending ag' the said rules, or using anie other fcrrie within foure miles distance on either side the river, of the proprietor's ferrie. The petition of sundry freemen & Inhabitants of Philadelphia, praying that the street upon the bank in Philadelphia, of thirttie foot breadth, as the same is agreed upon by the Inhabitants and possessors, under hands and sealls, by Indentures, may be Laid outt, and sur- veyed and cleared, and afterwards Held and reputed a street of the said Town of Philadelphia, by the name of Delaware street. And It is Ordered therupon, that the said street shall be Laid outt & surveyed forthwith, and afterwards, as soon as possible, may be cleared, accord- ing to the sd Indentures and agreement, To be Held, reputed and taken as a Comon street of the town of Philadelphia, bv the name ofKINGS-S:'REET. [15'" June, 1694. Att a Councill Held att Philadelphia the 15"' day of June, 1694. present: His Excellie BENJAMIN FLETCHER, &c. Wm Markiiaji, Esq'., Leivt. Governo^ And' Robeson, ~) ^.. ^, , Rob' Turner, I Esq". w Co^k' ^ ^^^" pat. Robeson, J ' ^ > } His Excelly told the Councill how manifest it is to ym all, How his Excellv has tendered the Queen's Letter to the assemblie, & proposed something to be done by them in ans"" yrto, in a manner agreeable with the principles of the people, & that nothing is done in ord' y'unto. That the Queen's Letter is directed to his Excellie & not to the assem- blie, Therfore desires the advice of the board. If it be not proper for his Excelly to array the whole province and detatch att Least fifiie men for the assistance of albanie, or if ther be anie other way Ixift his Excellie to answer the sd Letter since the assemblie have shutt their purses ag' the king. Resolved, the Councill doe draw up their answer to his Excellies proposall in writting, und' their Hands. His Excellencie, with advice and Consent of the hoard, did sign a proclamation for the encouragment of the proprietor's ferrie over the ^kuillkill. 35 410 MINUTES OF THE [26'" June, 1694. Att a Councill Held att Philadelphia the 26'*" day of June, 1694. present: His Excellie BENJAMIN FLETCHER, &c. Wm. Markham, Esq'"., Leiv' Governo'. And"" Robeson, T ' Wm. Sahvay, "^ Rob' Turner, I Esq". Lav/ Cock, I Esq", pat. Robinson, J Geo. forman, J Ordered a warrant Issue to the Receiver Generll, for the paym' of the whole Amount of the Tax raised by the pennie in the pound, granted by the asscmblie, anno 1693, to Andrew Robeson & patrick Robinson, Esq'^, who are bj his Excellie appointed to dispose y''of as his Excellie shall direct, for y"" maties Service. His Excellie did Recommend to the Leiv' Governo"^ and Councill the care of the Government during his absence, that they will endea- vour the peace and prosperitie y''of, and heall the divisions & Contro- versies that may happen amongst the people. See bid them farewell. [6* July, 1694. Att a Councill Held att Philadelphia the Sixt day of July, 1694. present: COLL. WM. MARKHAM Esq^, Leiv' Governo^ A nd"" Robeson, ?-p^ n= Law' Cock, ? p, ^ Rob' Turner, ^ ^'^ I • pat. Robinson, 5 The Lcivt. Govcrno'' acquainted the Councill That the occasion of liis calling them together was, that yesterday Lacey Cock, Esq'', in- tbrmed him that the Delaware Indians were come down to discourse him. Hithquoquean, kyanharro, Shakhuppo, Oriteo, Menanzos, Mo- hocksey, Tamanee, Alemcon, with severall others of the DelaMare Indians, were admitted. Hithquoquean (in name of the rest of the delawarc Indians) took outt and Laid down a Belt of Wampum, which hee said was sent to ym by the Onondages & Scnekaes, who say, you delawarc Indians doe nothing but stay att home & boill yo'' potts, & are Like women, while wee Onondages & Scnckaes goe abroad & fight ag' the enemic. The Senekacs wold have us delawarc Indians to be ptners w' ym to fight ag' y" french, But woe having alhvayes been a peaceable people, it resolving to Live so, & being but week and verie few in number, cannot assist ym; & liaving I'csolvcd among o'selves not to goe, doe Intend to send back this their belt of Wampum. Mohocksey said ; The former belt sent by the Oncndages & Senekaes, is sent to us all, & wee have acquainted one another w' it, && tho' wee live on the other side of the river, yet wee reckou o''selves all one,becaus wee drink one PROVINCIAL COUNCIL. 411 Avater. Wee have had a Continoued friendshipp vvitli all the Christi- ans (k; old inhabitants of this river, sinpe I was a young man, &. arc desirous to Continou the same soc Long as wee Live ; And gives a Belt of Wampum. Tamanee said : Wee and the Christians of this river Have allwayes had a free rode way to one another, & tho' sometimes a tree has fallen across the rode yet wee have still removed it again, & keept the path clean, and wee design to Continou the old friendshipp that has been between us and you ; and gives a Belt of wampum. The Leiv' Governo"" said, That by three of the Clock in the after- noon hee wold consider & give ym an answer. 3 a clock afternoon, prsesentibus ysdem ; except Andrew Robeson. Law' Cock, Esq', acquainted the Lt. Governo'' that kyanharro & Oriteo, two Susquehanna Indians present, had something to say, and in respect they could not be understood, desired Menanzes to speak for ym. Menanzes sayes. That a certain Indian king (being kyanharro's old acquaintance) having Come from the Cayogues to kyanharro's house to see him, and on his way the sd king and his kyanisse Indians had some mischance befallen ym, for the Titwa's, the naked Indians, fell uponym; But the sd king & his kyanisse Indians fought their way through ym & gott to kyanhan'o's house, where they desired to re- main & be entertain'd in a peaceable Countrie. Menanzes in their name gives six deer gkins. To whom kyanharro replied : You are of my blood; I cannot denie you, but must receive you; and the sd kyanisse Indians desired that kyanharro wold speak with the Christi- ans that they wold receive ym with the same kindness as hee did, and y' as they are here protected by the Christians, thesd kyanisse Indi- ans hope to ineet with the same protection. Gives six doe skins. The Leiv' Governo'' acquainted those Indians that on the 4* instant, Jn" Budd informed him that an Indian king of West Jersey, with other Indians of this place, told him that from a meetting they Latelie had within 25 miles of this governmt, they brought two belts of wampum &; delivred ym to Capt Cock, to present ym to his Excelly in ord'' to a treatie for confirming their former Lcaque with the English ; that they complained that they had severall dayes delivred in their belts &; could have no hearing, but wer putt otfby promises that they should be heard one day after another. They tarryed in town eight or nine dayes, & that about thirteen dayes since Mohoksey's son came here & acquainted him, thesd Budd, that hee was sent to see if the philadel- phians could give him a good word back ; And that about ten dayes since the sd Informant being att peter Stallcupp's house, in Newcastle County, said Stallcupp told him that an Indian called Nescacatho, then informed an Indian king named Awahelah, saying Verie ill news, (repeating it again,) & said you know that from such a meett- ing wee sent two belts of wampum in ord' to a treatie, But the Go' of 412 MINUTES OF THE newyork wold not treat with us, & they have had in Philadelphia a great number of men, with drums & guns, &c ; & the same att New Castle while the Go' was there, & y' hee went thence to Maryland, w' such speed y' they killed two horses in the way, which things Look w' a veric ill design ; wee believe y' theie is no good meant by the English ; there is some speedie matter in hand. The sd Budd further saitli y' Last MooJiday hee acquainted Joscj)h Wilcox w' the substance of the abov wrtlin. The Lt. Go' askt the Indians if the sd informaon was true : they ansred it was all false, ther was no such meetting, nor no such design to treat w' Go'' Fletcher, nor no Hearing ask". And if Mo- hocksey's son or their young men when drunk, told Jn" Budd anie such thing, hee should not make a storie of it unles hee had had it from tlieir Sachims. Law' Cock also said, that the two belts vver given him by Tamanee & Hithquoquean, to be keept for ym till they should call for them. The Leivt. Go'' told M' Budd, that he was much to blame for giving his Informaon first to the Justices, (who never acquainted him of it, nor of his Informaon,) especiallie since it concerned the peace of the province in Gencrall, & for y' hee came not to him till hee was sent for, and that if hee Comitted the Like again hee should not goe unpun- isht, & soe dismist him. Then the Lt. Go"' (by Law"" Cock, esq'. Interpreter,) answered the Indians : You did verie prudentlie to Consider well how you entred in a warr w'out advice & consent of their Maties of great Britain's Chief Go' here, who is Governor of New york. I heare there are sober & wise men among jou, & ther's an old man who cannot come down, who can give you good Counscll, & you must be Considerate in what you doe, for wee have enemies round about us. It's but of Late that wee took up armes, & I assure it's not o' design y'by to make warr upon you, nor upon any others ; but thereby to be in a Capaciticand readiness to defend o'selves and you fromo' & yo' Comon enemic the French, if they should happen to assault us or you. His Exccllie the Go' of Newyork is also Chief Governo', 6c came hither to sec what men and monie hee could raise for the defence of Albanie the frontiers from the French & Indians; Hee caried some monie with him but suiFered o' men to stay att home to defend ymselves & their Countrie ag' the french. While here He enquired how o' In- dians and wee Christians agreed ; We answered that for manie years wcp had Lived as brethren. He desired wee might Continou our friendshipp, for said hee, The enemie of one is the enemie of both. The Leiv' Governor also said : If the Senckaes send again to you doe you send to me, and He send an express to Newyork, and His Ex- cellie will take care that the Senckaes shall doe you no Injury. Soe they all departed, veric well satislicd with the Lt. Governor's answer. PROVINCIAL COUNCIL. 413 [2^ August, 1694. Att a C'ouncill Held att Philadelphia the 2"^ day of August, 1694. PRESENT : COLL. WILLIAM MARKHAM, Esq\ Leiv' Governo^ And' Robeson, I T7 ^ ^^^- Robinson, } r, Rob' Turner, S "^ ' Wm. Clarke, 5 ""^"^ ' The Lt. Go' produced to the Councill an ord' to him from his Ex- cejlie the Chief Go', Requiring him upon receit yrof, y' hee Cause Charles Sanders, esq', to be Sworn one of the Councell of the pro- vince of pennsilvania & Countrie of Newcastle ; Which was accord- inglie done : And the sd Charles Sanders having taken the oaths appointed by act of parliament to be taken in stead of the oaths of allegiance and Supremacie, & subscribed the Test, Took his place att the board accordinglie. }' 10"' August, 1694. Att a Councill Held att Philadelphia the 10'" of August, 1694. COLL. WILLIAM MARKHAM, Esq'. Leiv' Governo'. And' Robeson, ) Law' Cock, Rob' Turner, v Esq". Geo. forman, ^Esq'' pat. Robinson, ) Charl. Sanders, William Clark, Esq . exhibited an Informaon to the Leiv' Governo' &, Councill, setting forth that att a Coimcill held alt Philadelphia on the 10"" of au^', in the sixt year of y' Maties reign, before thcLt. Go' &; the rest of the members of their Maties Councill, personally ap- peared the sd Wm. Clarke, esq', Collector of their Maties Customes in the sd province & Territories, who (as well on the behalf of y' king & Queen as of his Excellie, the Governo' of y' sd province, as also on the behalf of the sd Wm. Clarke.) in this Case prosecutes, gave the Councill to understand & be informed y' hee, the sd VVm. Clark, had on y" 2V' of July Last, att Lewis, in Sussex Countie, in the Countrie aforesaid, seized on sundrie goods, wares, Comodities and mcrdizes imported thither, of the growth, production or manufac- ture of Europe, wch were not bona fide & without fraud laden & shipt in England, Wales, or y'' Town of Barwick upon Tweed, &i in Eng- lish built shipping, or wch were bona fide bought before the first day of October, 1662, & wherof the M' & three fourths of the mariners att least, are English, & caried directlio thence to y" Lands, islands, plantaons, Territories & places to their Maties belonging in Asia, Africa or Amerioa, Tangier onlie excepted, and from no other place or places whatsoever : As also, thnt hee, the sd Informant, had Like- wise seized on sundrie other goods & merdizes for which their Maties Customes & duties were not dulie & trulic paid, (the particulars qrof 414 MINUTES OF THE are, viz: One small bale of fine Linnen, 2 baggs of Cocco nutts, 14 peices painted Callico's, 14 peices Strypt Linnen, 2 peices of figured Linnen & woollen, 2 peices of Strypt Linnen & woollen, One Rem- nant of ferrandine, 15 Cards of Lace, One bagg of Cinamont, 15 papers of silk, 13 peices of Holland or white Linnen, One Remnant of alamode Silk,) Contrarie to the Laws and Statutes in that Case made and provided: And therfore, the said Informant Craves the Judgment of the Councill ag' y° s^ goods and merdizes, & whether they ought not to be forfeited & disposed of, according to the direction of the aforesaid acts of parliam': WM. CLARK. After reading qrof appeared George parris, owner of the sd goods, who had nothing to say for his owne defence nor in defence of the sd goods. And therfore, Judgm' past ag' the sd goods, wares, and merdi- zes, that they were forfeited, and that they should be disposed of according to Law. Ordered that the Secrie Issue a warr" to George Heathcote, philip Richards, & J n" Whitpain, Mertz, or any two of ym, forthwith, upon their oath or attestaon, to apprize & Value the sd goods, & to make return yrof into the secries office, wch was accordinglie done : And which apprizers made Return of the sd warr' into the sd office, & valued the same att eightie-tvvo pounds monie of this province, as the sd warr' & return yrof, und' the hands &; sealls of y' sd philip Rich- ards «fe Jn° whitpain remaining on the files of Councill, more att Large proport. Att the same Councill, psentibusut antea & Wm. Clark. A Lett' from Jn° Brinkloe, Geo. Martin & daniell Jones, esq".. Some of the Justices of peace for the Countie of kent, dated 4"" Aug', 1694, was read, qrin they Signifie to the Lt. Go'' y' att the time when their Last Courts of quarf sessions & Comon pleas should have been held, according to their Last adjournment. The sd Geo. Martin & daniell Jones appeared att the place appointed, & wer willing to hold Court, but Jn" Curtis, another of the Justices, wold not sitt, & Jn° Betts, another Justice, sent word by a Constable y' hee wold never sitt there, meaning att James Maxwell's, att the Head of Jones's, wherfor they look on y' Comission void ; And there being severall actions of moment depending, they request the Lt. Go'' to give new Comissions. The Lt. Go' desired the advice 6£ the Councill therin. It was the Unanimous Opinion of the Lt. Go'' & Councill, that his Excellies Comission, both for the Quart' ss. & Comon pleas to y" sd Countie of kent, are in force, notwithstanding the sd Justices neglect. Resolved, that an ord'' be sent to the Justices of y' peace of the sd Countie of kent, from the Leiv' Governo', to hold their Courts accord- inglie. Ordered that the provinciall Judges in their next Circuit, doe Inspect and Inquire into the disorders in the Countie of kent, in references to the times & places of holding their Courts, &; to see what may be the most proper place in the sd Countie to hold their Courts in, for the most Univcrsall case of the sd Countie, and to make report to the Leiv' Go'' & Councill. PROVINCIAL COUNCIL. 415 The necessitie of a provinciall Judge in the room of Jn" Cann, Esq', deced, was urged to the Lt. Go'., there being manie appealls depend- ing to be tryed in 7br next, which if delayed to be tryed would give occasion of Complaint. THe Leiv' Governo' named Anthonie Morris, esq', a filt person to discharge y' trust, which was agreed to by the Councill, & orders hee should take the oaths &test next sitting of the Councill, & y' a Comission be prepared for him. 4* Decemb', 1694. Att a Councill Held att Philadelphia the 4* day of december, 1694. PRESENT : WM. MARKHAM, Esq'., Livet. Governo'. Rob' turner, > p „ Law' Cock, ^ p<5 " pat. Robinson, ^ * Charles Sanders, 5 Upon reading the petion of Andree doze &: others, setting forth that they having obtained two Judg'' ag' Sam" peres, for 1391 & 101 damages, w' cost of sute, & y' y^ Lt. Go' Having putt a stop to the execuon till his Excellies pleasure should be further known, yrfor requesting y° Lt. Go' would decide the bussines according to his Ex- cellies directions, to prevent their ruine. It was ordered y' the sd Sam" peres should give fresh securitie to the petitioners in 300b. to satisfie and pay ym all such sums of monie, costs, damages Sl charges as hee should be adjudged to pay, & to be Condemned in by the sentence of the Leiv' Go' and Coun- cill upon the sd appeall, who accordinglie became bound with Sam" Holt, by obligaon bearing date 4"' decemb', 1694, iny'sd sum of 3001b, p „ pat. Robinson, > Fsn" Lacey Cock, 3 ^^ ' Ch. Sanders, 5 The Lt. Go' produced to the Councill an ord' to him from His Ex- cellie the Chief Governo', requiring him upon receit yrof, that hee Cause Griffith Jones, Esq', to be sworn one of the Councill of y" province of pennsilvania & Countrie of New castle, wch was accord- inglie done : and the said Griffith Jones having taken oaths appointed by act of parliam' to be taken in stead of the oaths of allegiance & Supremacie, & Sub' the test, took his place att the board accord- inglie. 416 MINUTES OF THE Sam" peres appearing before the Lt Governo' & Councill, did ex- hibit to ym a receit und' y" hand & seal of Andree doze, for himself & as attornie for Jettrey Martin, Mathurin Sampson & peter Mor- reau, qrin hee released & discharged him, y" sd Sam" peres, from all legacies left unto ym by peter debuc, & from all suits, Judgments or execuons by ym, or anieof ym, obtained ag' him, and from all sums of money, debts, dues. Legacies, costs of suits, either in Law or equitie, or anie other demands whatsoever, fi'om the beginning of y^ world to the day of the date hereof, being y' 22'' day of de- cemb'. 1694, & Sealed & dehvred in presence of david LLoyd & Jn" Claypoole, &; acknowledged upon the back yrof to be the act & deed of y' sd Andree doze, before pat Robinson, Secrie, And yrfor Requesting his bond of 3001b to be delivred up to him Can- celld : Which was accordinglie done. THe Secrie exhibited to the Lt. Go' & Councill the Copie of the record of the provinciall Court held for & in kent Countie, the 9'\ 10"^ & y"" dayes of OctobS befor Wm. Clark, Edward Blake & Rich" Halliwell, esq"., making merKtion y' an ord' from the Leiv' Go' & Councill being read, for the provinciall Judges to inspect & Inquire into the disorders of the sd County of kent, in reference to y' time & places of holding their Courts, & to see what might be the most proper place in the sd Countie to hold their Countie Courts in for the most Universall ease of the sd Countie. THeir Report (in ans' to the minute of Councell the 10"' of aug'., 1 694,) was, That the matter being largelic debated by the Judges &■ Justices of the sd Court, the grand Jurie, & severall persons of the sd Countie being then present. It was Unanimouslie agreed upon that for the future the sd Countie Courts should be held & keept on some part of y'' Land belonging to Wm. Southersby, situate on the south side of the Head of dover river, wch is next adjoining unto david Morgan's Land, And that the absolute decree & Sentence of the sd Judges was accordinglie, & that it be as near a Landing as may be, and there the same to Continoue. PROVINCE OF PENNSILVANIA & COUNTRIE OF NEW- CASTLE, 10 APRILL, 1694. Minutes of Councill in the Assemblie; Anno R. Ret. Ra-. Willielmi et Mariae, Num Angliaa Sexto. Alt a Councill Held att Philadelphia on Tuesday the 10*^ day of Aprill, 1694. peesent: COLL. WM. MARKHAM, Esq'., Livet. Governo'. Andrew Robeson,"^ Wm. Clarke, ^ f " Rob' Turner, ^Esq". George Forman, ) * Wm. Salway, J pat. Robinson, Secrie. PROVINCIAL COUNCIL. 417 His Excellie Benj" Fletcher, the Chief Governor's Letf to the Leiv' Governo'" and Councill, bearing date the 26"" of March Last was read, which is as followcs, Viz : " Gentl., I did resolve to meet you & the Assemblie the 10"" of " Aprill next att Philadelphia, and was to sett out from hence to " morrow Seven-night, but that by Later intelligence from Albanie, " I am advised of other messengers from Canada come to draw over " o'" Indians, as is pretended, to hold a Conference with Count Fron- " tiniac, concerning peace, ^Vherupon o' Sachems are verie desirous " forthwith to see mee thither. The Councill being of opinion that " this Service is first to be attended, I think fitl to adjourn the " Assemblie of pennsilvania and Newcastle to the first of May next " ensuing, And require the Leiv' Governo'' by these pnts, to adjourn " the sd Assemblie to the first of May next accordinglie. I shall en- " deavour to be with you then. I desire the Representatives of the " remoter Counties to be Imediatlie wrote unto not to give themselves " the trouble of Setting outt too soon; The rest may meet the tenth of " Aprill, be sworn or attested, and then adjourned. Gentl. I am your " verie Loving friend. "BEN: FFLETCHER." The persons returned for representatives, Viz: Foure for the Countie of Philadelphia ; Sam" Richardson, Sam" Carpenter, Henrie Waddey and James flbx. Three for the Countie of Chester; David LLoyd, Caleb pussey, & Sam" Lewis. Three for the Countie of Bucks ; William Bile's, phinhas pemberton, and Jonathan Scaife. Three for the Countie of Sussex ; wherof appeared Thomas pember- ton and Roger Corbett, came to wait on the Leiv' Governo' and wer admitted. The Last two took the Oaths appointed by act of parliament to be taken insted of the oaths of Allegiance and Supremacie, and subscribed the Test. The other ten did Subscribe the declaraon of fidelitie and profession of the Christian faith, and test. After which the Leiv' Governo'' desired them to goe together and Choose their Speaker. Some time after David LLoyd, accompanied by the above Named Representatives, presented himself to the Leiv' Governo', acquainting him that the representatives there present had made Choice of him for their Speaker, that it was a trust much above his Capacitie, and for discharge wherof hee wast most Unfitt & unable. And therfore beseeched the Leiv' Governo'' wold Comand the Repre- sentatives to return and Choose a more qualified person. The Leiv' Governo' answered, that if they had Chosen anie one of their Number for their Speaker, Hee saw no reason to Object ag him; But you all know some are more capable to perform that dutie than others, and I cannot but well approve of yo'' Choice, and doubt not M' Speaker, but you will perform yo'' dutie with all sinceritie, and keep a good decorum in the house, and that you'll urge and putt them in mind to a Consideraon & dispatch of what shall be before you of their Maties affairs and Service, and their duties therto. Therafter M' Speaker desired they might have the Ordinarie privi- ledges granted them, Such as free access to the person of the Leivt. 418 MINUTES OF THE Governo', A favourable Construction putt upon^their words, and free- dom from arrests. The Leiv' Governo'' made ans% that hee granted them all these as freelie & amplie as had been usuall. Then the Leiv' Governo'" told M"" Speaker and the Representatives, That his Excellie the Chief Governo', did intend to have mett them here this day, but was prevented by an express from Albanie giving him Intelligence of other Messengers come from Canada to draw over their Indians, as is pretended, to hold a Conference with Count Frontiniac, concerning a peace, wherupon the Sachims were Verio desirous forthwith to See his Excellie att Albanie, and wold bring the messengers along w' them thither, The Councill of New york being of opinion that this service was first to be attended. And therfore, his Excellie thought fitt to adjourn this assemblie to the first of May next, and required me to adjourn the same accordinglie. The Leiv' Go- verno' further added. That the affair his Excellie was gone about M^as of verie great import to this province, as well as to that of New york, and that our future saflie in our persons, estates & trade, did much depend upon the prosperous event of his Excellies going to Albanie, & therfore hoped they wold be well satisfied ; that his Excellies absence att this time was Inevitable. Ar Speaker desired, That they might have untill five of the after- noon, In regard the whether was bad & the wind ag' the members of Newcastle, who, as they wer informed, wer coming up by water. Which was granted. Att five the assemblie came again. Then M' Speaker desired that they might have time till to-morrow morning to consider of some peti- tions Sent them by the Counties whom they did represent, who wold take it ill if in some measure they did not answer their expectations. The Leiv' Governo'' desired them to withdraw a Little and hee wold consider of it with the Councill ; Wher it was resolved, That in respect the provincial! Judges wer to sitt next morning, that it was fitt the assemblie should meet the Leiv' Governo'' to morrow, at three in the afternoon. The Representatives having been called by the messenger, returned, and the Leiv' Governo' gave them time till to morrow, att three in the aflernoon, & appointed them to meet him at that time. [ll'^Aprill, 1694. Att a Councill Held att Philadelphia on Wednesday the 11*^ day of Aprill, 1694. present: COLL. WILLIAM MARKIIAM, Esq'., Leiv'. Governo'. Rob' Turner, ") r^ -n v t Wm Salwiv IPsn" George Forman, Esq . Wm. fealway, V-i^sq . Robinson, Secrie. Wm. Clark, J ' The above named representatives appeared. M' Speaker told the PROVINCIAL COUNCIL. 419 Leiv' Governo' that they had considred of what yesterday hee had Laid befor ym, & that they had taken a Longer time than they ex- pected to Consider of severall things, and particularUe the amending of severall errors and mistakes that had been comitted by the Last AssembUe, by reason of his Excellics hast to be gone Last year to the frontcers, and that hee promised them that if anic thing vver amiss, or error in Clarkshipp, it should be amended. The Leiv' Governo'' answered, that it wold not be Long befor his Bxcellie wold be here, and that then that wold properlie come und' consideraon. M' Speaker said, that the Law about Stealing was in the List r^ Laws proposed by the Assemblic in their petition of right, to be con- tinoued, & yet was ommitted by their Clark to be engrossed in the roll of Laws signed by the Chief Governo'', and yrfor requested that that Law might be added to the sd roll, especially since for want yrof, people might be exposed to a triall for their Life for every small & trifling theft. The Leiv' Governo'' answered, that the reason why that Law was not continoued was becaus his Exccllie Lookt upon it to be repugnant to the Laws of England. M' Speaker said, that att the conference Last year held by some of the members of Councill & assemblie, they endeavoured to reconcile that Law to y° Law of England, & to show that it was not repug- nant. The Leivt. Governo'' told ym that hee had wrote to his Excellie about that Law to be continoued ; and his excellie in his ans', put the Judges & Justices in a way which wold elVectuallie take off anie danger that the people might be in for want of the sd Law : And the Leiv' Governo'' further added, that since they wer to be adjourned, He intended not to medle with Legislation; and if they wold have anie Law that might be beneficiall for the province. They might propose it to his Excellie when he came, & hee doubted not but his Excellie wold give ym full Satisfaction. W Speaker said, that their Clark was drawing up something to present to the Leiv' Governo'' & Councill, which hee desired them to consider off', and that it wold be quicklie readie. The Leiv' Governo' told them that his Excellie was positive to him to adjourn ym. M"" Speaker desired to see the Order, if it might be. The Leivt. Gnverno'" answered that hee liad such orders, and that they must take his word for that. M'' Speaker desired that if they must be adjourned that it might be to a Longer day than the first day of May next. In respect the ycarlie meeting att Salem was to begin the 27"' of Aprill, and that the representatives wer desirous to be there, and other conveniencies to the members of the Lower Counties, which the Councill was not Un- acquainted with, and therfor, that it might be to the 20"' of May next. The Leivt. Governo'' desired them to withdraw a Little and hee would advise with the Councill about it ; which they did. 420 MINUTES OF THE The Leiv' Governo"" caused read his Excellies Letter the second time, and upon the whole, did putt it to the vote whether it was Con- venient to adjourn the Assembiie to a further day than was mentioned in his Excellies Letter, and it was caried in the aflirmative. A member of Councill mentioned the tenth day of May ; others desired that it might be Longer ; And the 20' of May falling on a Sunday, The Leiv' Governo'' did put it to the vote whether to adjourn the Assembiie to the tenth or 22'' of May next, and it was caried to the twenty second. The Representatives again appeared, and M'' Speaker presented to the Leiv' Governo'' and Councill a Remonstrance in these words: " To the Leiv' Governo' and Councill of the province of pennsil- "vania, Countrie of Newcastle, & the territories therto belonging. " The Remonstrance of the Representatives of the ffreemen of the sd " province & Countrie in Generall Assembiie mett, Humblie Sheweth: " That whereas, wee being att this time Conveened by Virtue of the " Leivt. Governo''" writts, which gave us no other expectation but " that wee might proceed in Legislation &; redressing the grievances " of the people whom wee represent ; But since wee are given to un- " derstand that 'Governo'" ffletcher, by reason of somq emergencie, is " prevented of being present at this Assembiie, and so it seems gave " ord'' to this effect. That as soon as wee wer put in a capacitie of " acting as an Assembiie, wee must be adjourned befor we can ac- "complish the Countries bussines, Which wee Conceive to be not " onhe inconsistent with the tenure of the sd vi'ritts, & the necessarie " priviledges of a Legislative Authoritie, but also, with the powers "granted our Leiv' Governor by the king & Queen's Letters patents; " Therfore, wee desire you take it not amiss If wee so farr Assert " our priviledges as to adjourn our Selves, in Case you think not fitt "in the Chief Governor's absence to proceed according to the writts " aforesaid, in ord'' to make Laws, & to redress the agrcivances of " thesd Countrie, Some of which are as follows: " 1'*. That wee have not the Catalogue of the Laws, with the pre- " amble to them, and the Governor's approbaon of ym, which wer " declared by the petition of Right in the Assembiie Last year to be in " force, that Justice may be administred according to the sd Laws in " the Several! Courts of Justice in this province &, Countrie. " 2''. That the Late Law for appealls, which gives Libertie to ap- " peall both in Law & equitie, Wherby the Judges and Justices of y' "peace have too great Libertie to desti'oy or make void the Verdicts " of Juries, without due care be taken; Wherfore, wee desire that the "Judges and Justices of y" peace may receive instructions & Caution " from you not to decree anie thing in equitie that may make void the " Verdicts of Juries, or Judgments before given in Law, in the same " Cause. " 3'. That the power given by the Late Law for raising money by " the Justices of the peace in their rexive Counties, may not be made " use of to the dissatisfaction of the Countrie, But that the Justices " may be Cautioned that what monic is raised to defray the publick " charge of the Countrie, may be done by the approbaon of the grand PROVINCIAL COUNCIL. 421 " Jurie, or other Sufficient Inhabitants of the severall Counties, to as- " sist in and approve the severall taxes to be raised, and to have the " Hearing «fc examinaon of the accompts of the severall receits 6c " disbursments. " 4*. That the omissions in the Late Laws by the Clark a[»pointec[ "-to transcribe ym, may be Corrected, and the Laws, or such parts " of the Laws as are Letl; outt, may be cntred in the rolj of Laws. " 5*. That the monie granted to be raised the Last Assemblie, for " the support of this government, may be accordinglie Imployed to " the use it was intended, & that an accompt therof be given att the " next Sitting of Assembly, according to the true intent oi" the said " act and makers therof. "Philadelphia, the 11"" 2 m*, 1694. Signed by order of the liouse, " by BA . LLOYD, Speaker." Which having been read, The Leiv' Governor desii-ed M"' Speaker to take it again, &; att the next sitting of Assemblie they might offerr that, or anie thing else, to his Excellencie's consideraon. M' Speaker answered, that hee had orders from their house to pre- sent that Remonstrance to the Leiv' Governo'', but had no orders from them to take it again. Then the Leiv' Governo'' said: M' Speaker, The Councill having taken into their cansideraons the reasons for yo"' desire to be adjourn- ed till the 20"' of May, which will fall on a Sunday, They have ad- vised and Consented that you should be adjourned to the 22'^ of May next ; And accordinglie, I doe adjourn you to the sd day, Hopeing to meet again att that time as good friends as wee part. So, gentl., I wish \ou well to yo"^ homes. M' Speaker. Wee thank the Leiv' Governo' ; & departed. [21" May, 1694. Att a Councill Held att Philadelphia on a lAIoonday, Tiie 21'' of May, 1694. present: His Excellencie BENJAMIN FLETCHER, &c. Wm. Maekham, Esq""., Leiv' Governo'. Andrew Robeson,-^ ^ p, "^ Robert Turner, ;>Esq". vvm. Uiark, .^ . ■ 1 o -u- I Lawrence Cock \ ' patrick Robmson,J J His Excellie did Signifie to the Councill that hee had Sumoned ym to Consider of what is propper to be offered to the Assembly for their Maties' service. It is the opinion of the Councill that no monie will be granted. Adjourned till to-morrow morning. 422 MINUTES OF THE [22'' May, 1694. Att a Councill Held att Philadelphia on a Tuesday the 22'' of May, 1694. PRESENT : His Excelly. BENJAMIN FLETCHER, Sic. Wm. Markham, Esq'., Leivt. Governo'. Andrew Robeson, 1 Wm. Sahvay, "| Robert Turner, [-Esq". Wm. Clarke, I Esq", pat Robinson, J Geo. forman. j The rest of the Representatives that wer not attested, nor had taken the oaths & Test, Viz: Richard Hally well, Henry William &; Jn" Donaldson, for the Countie of New castle, took the oaths ap- pointed to bo taken in Stead of y° oaths of allegiance and Supremacie, and subscribed the test. .lohn Brinckloe & Richard Wilson, for the Countie of kent, and Luke Watson, for the Countie of Sussex, did the same. Edward Blake & Wm. ifreeman, for Newcastle &; kent Counties, did subscribe the declaraon of fidelitie & profession of the Christian faith, & Test. Adjourned till to morrow morning. 23''May, 1694. Att a Councill Held att Philadelphia on Wednesday the 23'' of May, 1694, PRESENT : His Excellie BENJAMIN FLETCHER, &c. Wm. Markham Esq'., Leiv' Governo'. Andrew Robeson,"^ Lawrence Cock, ~\ Robert Turner, -j>Esq". William Clark, r-Esq^;. i'at. Robinson, J George Forman. J His Excellie Ordered Secrie Robinson to Call the Speaker and Assembly. The Speaker and Assembly being present, His Excellie spoke to ym as follows: " M' Speaker, and you Gentl. the Representatives of this province, " I had designed to have mett you here the tenth of the Last mo, " according to the writts which I directed to Issue for calling this as- " sembly. But their Matics service required my hastie repair to Albany, " upon Intimation that the five Indian nations ( who have hitherto " been faithfuU to the Crown of England,) wer now debauched to " the frcnch interest, and entring into League with the Governo' of " Canada. " This Defection appeared to mee with so ill an aspect when I con- "sidred the Consequences of it, not onlie to New yorke, but to this " province & all the nighboring Colonics, that I thought myself " obliged to Lay all other bussinos aside, & apply the outtmostof my "endeavours to prevent so great a mischief. I could willinglie have " spared my self this journie, if my dutie to their Maties & my aflec- "tions to you, their subjects of this province, had not Compelled me " to it. PROVINCIAL COUNCIL. 423 " 1 am therfore Come with a true & Unfeigned Zeal for your safiie -' & prosperitic, to Lay this Matter before you ; and in order to your " full satisfaction, I have brought with me the papers relating to the " Confefcnce I had Latelie with these Indians, by which you may see " what they alledge. I must also assure you that yor Indians here " will be compelled to join in this fatall Confedcracie. " I have Latelie seen, with a heavic heart, fourescore fine farms "all deserted about Albany, after the great expence of the owners in " building 6c Improving, which has been occasioned rather by the " unkindness of our Nighbours, who refused us their assistance, than " by the force of the enemie. Could we have found men to secure " our advance posts, Conestiguna and the HalfJSloon, these farms " wold have flourished still. I pray God this Leprosie may spread no " farther ; but I much doubt those who have shutt their eyes att a " distant danger, will find it come to their owne doors. " I am bound, as well in Justice as gratitude, to acknowledge our " Nighbours of the Jerseys have done more in the Comon defence than " all the other adjacent provinces : they sent us foure Hundred pound *' in Silver, Sixty odd proper men, well armed, who passed upon dutie " on the fronteers one year. They have now sent up thirtty men att " their owne Charge, and Considred of a way for their maintainance " during the warr. " Gentl., I consider yo'' principles that you will not Carie arms " nor Levie Monie to make warr, though for your own defence, Yet 1 " hope you will not refuse to feed the Hungrie and Cloath the Naked. " My meaning is, to supply those Indian nations with such necessa- " ries as may influence them to a Continouance of their friendship to " those provinces. And now, Gentl., If you will consider wherin I " may be useful to you, according to the Tenor of my Comission, in "redressing yo'' greivances, (if anie you have,) you shall find me " readie to act by the rules of Loyaltie, with a true regard to Libertie " & propertie." Majo' John donaldson, Sam" Richardson, & Capt. Luke Watson, from the representatives, desired the Copie of his Excellie's Con- ference with the Indians of the five Nations att Albany, for the peru- sal! of the House, which are ordered them accordingly. Major donaldson, with foure others of the Assemblie, in behalf of the house, did give his Excellie thanks for his favorable speech. & desired they may have a Copie of it, which his Excellie ordered to be delivred so soon as Copyed. Andrew Robeson, Rob' Turner, Wm. Clark, & Wm. Salway, Esq"., are appointed a Committee of the Councill, to Inspect theexe- cuon of the act of assemblie granting to their Maties the rate of One penny in the pound, to Calculate the amount yrof, how much paid, how much in arrears, the Nett value in Newyork monie, and in Sterling monie of England, and what may be the most proper me- thods to be used for gathering in the arrearages forthwith, and to make report to his Excellie in Councill to-morrow afternoon. Adjourned till to-morrow morning. 424 MINUTES OF THE [26* May, 1694. Att a Councill Held att Philadelphia the 26'*' of May, 1694. PRESENT : His Excelly BENJAMIN FLETCHER, &c. Wm. Markham, Esq. Leiv' Governo'. And' Robeson, ^ Wm. Clark, "^ Rob' Turner, ^Esq". Geo. forman, ;>Esq". T)at. Robinson, J Lacy Cock, J The Speaker and the whole house attended his Excellie. The Speaker did address his Excellie, Saying, that the house had appointed a Committee to Consider of amendments in the Laws past, & desired to know of his Excellie if those LaAvs wer confirmed by their Maties, or disapproved. His Excellie was pleased to Answer that hee had received no Letter from Court Concerning them, but understood from a private hand in England that manageth some bussines there for the province of Ncwyork, that the Laws of Newyork and his other government are befor the attornie generall, being referred to him for his perusall. The Speaker did present some greivances, which his Excellie pro- mised to take into Consideration, with the advice of the Councill, and to remove anie greivance that Lay in his power to doe; and for amend- ments of Laws, that hee should be glad they wold all study amend- ment in Laws & everie thing else. His E.xcellie ordered the reading of the proceedings att Albany with the Indians, in the beginning of this Mo.; which was accordinglie done. Adjourned till afternoon. POST MERID.— AFTERNOON. present: His Excellie BENJAMIN FLETCHER, &c. Wm. Markham, Leiv' Governo'. And' Robeson, ? p rs pat. Robinson, ? p r, Rob' Turner, S "^ ' William Clark, 5 ^^"^ ' The house of Representatives, amongst other greivances, desired that the Clark of the markctt in Philadelphia may be removed from his office, for scverall misdemeanors in the execution therof. His Excellie in Councill taking into Consideraon that there is no particular charge ag" the Clark of the Markett, It being his priviledge to hear & ans' anie accusation which may be brought ag' him befor the proper Judges, It is resolved that it is not expedient to remove him from his office until hee be convicted of some misbehaveour to deserve it. PROVINCIAL COUNCIL. 425 The Representatives havin<,f desired that the probates of wills may be done in each Countie, His Excellie in Councill did agree, that the wills be proved & administraons granted in the rexive Counties by such persons f>s shall be appointed lor that purpose by the ordinarie. The Representatives Having also desired that more ferries may be appointed over Skuillkill, His Excellie understanding that the appoint- meiit of ferries is the right of the proprietarie, In respect and Justice to the proprietarie, hath referred this matter to the proprietarie's Comissioners, who are desired to make their report therof. As to the Complaint for seazing the boat & Imprisoning the boat- man, It appearing to his Excellie to liave been done by ord' of the Leivt. Governo' & Councill for their proceeding in the ferrie Contra- rie to the proprietarie's appointment, & to his Excellies ord' since; Which is also referred to y*" Comrs of his proprietie. His Excellie appointed Leivt. Governo"' Markham, Andrew Robe- son, pat. Robinson, Wm. Sahvay & George Forman, Esq", a Co- mittee to join a Comittee of the Assemblie for the amending the errors of Clarkshipp & ommissions of the Laws M entioned in the Last year's Assemblie their petion of right, to meet att eight of the Clock Moonday morning, att the old Councill room, which was accordinglie done. The Comittee appointed by his Excellie the 23'^ of May instant, to inspect the execuon of the act of Assemblie granting the pennie per pound. Reported to his Excellie in Councill, that having examined the severall rates of the rexive Counties, did find that in most of the Counties there have been great errors & partialitie Coraitted by the assessors in Undervaluing their owne & others estates, wherbj the whole amounts but to 7601b. 16s. 2d. monie of pennsilvania ; In monie of Newyork to about 7001b; In English monie about 5601b; Which 60lb. may come short in the Sallaries for collecting the same & in Runawajes, So that the Nett produce may be about 5001b. English money. The Rates of the Severall Counties, with what is paid to the Re- ceiver generall, and what is in arrears. Countie of Philadelphia, Countie of Newcastle, Countie of Sussex, Countie of kent. Rated, Countie of Chester, Countie of Bucks, LSD LSD LSD 314 11 11 243 72 11 11 143 1.5 000 143 15 00 101 01 9 45 OAr". , 56 01 09 88 02 10! paid 61 8 4 26 14 06 65 00 07 58 1 6 19 7 48 04 01 000 48 4 1 760 16 2 406 9 4 354 6 10 And the said Comittee Likewise Humblie offerr to his Excellie in (^uncill, that warrants be forthwith Issued to the rexive Collectors of the severall Counties, requiring them that they speedilie send up the arrears, which was accordinglie order'd. 36* 426 iMINUTES OF THE [29"" May, 1694. Atf: a Councill Held att Philadelphia the 29'" of May, 1694. PRESENT : His Excellie BENJAMIN FLETCHER, &c. VVm. Markiiam, Esq., Leiv' Governo'. > And' Robeson, 1 j r I- ") C^'ciaX? n"- GorFo'rn.anT'lEsq". His Excellie proposed to the Councill that since the Assemblie were spending their time and doing nothing in Complyance to what he had offered to them, they be sent for, the Queen's Letter for assisting New york Laid befor them for consideraon, and that they be required to givo a positive ans"^ ; Which is approved of. M' BIcake, &c. from the House of representatives, came to ask if his Excellie wold pass two Laws which that house alledge to have been omitted bj the Clark Last assemblie, which his Excellie took to consideration. His Excellie desired the opinion of the Councill, If those two Laws concerning stealing and robberie should pass or not. Caried in the affirmative. Ordered that M' Robinson doe Carie back the two Laws to the house of Representatives, and acquaint them that his Excellie is readic to give them such sanction as the rest of the Laws contained in the roll had. And that his Excellie expects they have some regard to what hee had proposed to them, and Commands M' Speaker and the whole house to attend him in Councill in the afternoon. Adjourned to 3 a Clock in the afternoon. POST MERID. Three a Clock afternoon. present: His Excellie BEN J" FLETCHER, &c. Wm. Markham, Esq'., Leivt. Governo'. And' Robeson, 1 Wm. Clark, 1 Rob' Turner, I Esq". Wm. Salway, J-Esq". !*at, Robinson, J Geo. forman. J His Excellie ordered M' Jamison to desire the speaker & the whole iiouse to attend his Excellie in Councill forthwith, which was done. The Speaker and Representatives being present. His Excellencie said: " M' Speaker & you gcntl. of the Representatives of this province, " you may Remember that I did desire you to doe something which I " thought ncedfull for their Majesties service and your own preserva- '' tion in a way agreeable to yo' owne principles, which is to feed the PROVINCIAL COUNCIL. 427 •' Hungrie and Cloath the naked. The Indians of the five nations are " a Barrier and Defence to you & all the English Colonies on this " main; your saftie and interest is Concerned ; they are poor and " naked, and in this time of warr have Lost the Libertie of hunting, " which is their onlie support. They are objects of yo'' charitie. I "judged it so reasonable a demand as could not admitt of delay. I " sent you the minuts of my Last Conference with them for yo' satis- " facon, wherby you may see that although they are brought verie " Low and discouraged, yet not so farr gone as to be past retreive ; I " know but two methods to be used with these heathen ; they are to be " held by Love and fear. I have been plain with them, and given one "Hundred dayes to Consider of their answer from the time of my " Last Conference, then I intend to meet them with the sword in one " hand and presents in the other. " Gentl. It were verie Convenient you did supplie mee with some " Considerable present of cloathing and food to be given in the name "of the province of pennsil van ia &; Countrie of Newcastle : you shall " have a particular accompt of the disposition therof I doe think of " other methods to gett forces to appear with me, not to trouble or " molest anie of yo. people; This I take to be the onlie way Left att " present to prevent the Indians falling off, and all the Calamities that " will attend it in this province, as well as the rest; you have not as *' yet regarded it, for ought I can Learn. " Gentl. You have the Queen's Letter Comanding assistance to New " york, which ought to have greater force than my arguments : I ex- " pected her Maties Comands would have so far prevailed. The origi- " nail was shown to the Last Assemblie, which I suppose may be "entred in yo"" books, or a Copie therof upon file with yo'' Clark. I " had no positive ans"^ from them, &; expect one from you. " Gent. You are witnesses that I am readie to serve you, to doe anie " thing in my power you can think of for yo"" ease & Satisfaction. I sett " up for no arbitrarie Comand, have putt no stranger over you, treated " no man rudely, & am as readie to grant what is in my power to serve " you as you to ask. I have as great a regard to the interest ot yo' " proprietor as anie man in the government, and wold not goe about to "hurt it ; But I find you slow in bussines, which makes mee think wee "shall have no sessions this time. Gentl. Some of you may Remem- " bej- 1 proposed to the Last Assemblie to Consider of some fund for " the support of the government, which is verie needlull, but they did "not think fitt to Consider of it further than that they franklie & ge- " nerouslie gave a penniein the pound to their Maties, and designed one " half therof as a mark of their respects to mee, for which I thank ym. " I doe Resolve you shall sec how the other part of it is disposed & what " the whole amounts to befor I leave you; I have Issued Orders for the " speedie Collecting of it, and if there is nothing else for you to doe, I " will adjourn for some time untill it come in ; Therfore, gentl. I shall " expect yo' ans' If you'll give anie thing to feed and Cloath our " Indians ; Consider of it, and of what I have now said Gentl. you " may withdraw to yo' House. Adjourned till 30'" instant. 428 MINUTES OF THE [30* May, 1694. Att a Councill held at Philadelphia the 30°" of May, 1694. PRESENT : His Excellie BENJAMIN FLETCHER, &c. Wm. Markham, Esq^, Leiv' Governo'. And' Robeson, "^ Wm. Salway, ~1 Rob' Turner, ;>Esq". Wm. Clark, S>Esq". pat. Robinson, J Geo. forman, J His Excellie Ordered Wm. Clark, Esq', to acquaint the assemblie that his Excellie expects their answer to what he had offered to them yesterday aflernooh, & desired to know if ther was anie bussines to offerr ; Who returned in answer that they had nothing to offerr this morning ; that they wer upon the Consideraon of what the Governo' spoke to ym yesterday, and believed thesy should have something to offerr this afternoon. Adjourned to the afternoon. [Post merid. POST MERIDIEM. present: His. Excellie BENJAMIN FLETCHER, &c. Wm. Markham, Esq'., Leiv' Governo'. Robert Turner, ^ ^^ ^j^^j^^ 1 pat. Robmson, ^-Esq". Geo.' forman.' f-^'"^"' , Wm. Salway, J J Ordered, the Secrie ask the assemblie if they have anie thing else to offerr to his Excellie &, Councill this afternoon. The Secrie Re- turned that they had something to offerr presentlie. Wm. Biles, &c., from the House of representatives, brought up two Bills and presented them to his Excellie ; The one Concerning the regulaon of tobacco Cask, the other to stopp the transport of tobacco from Maryland to the Lower Counties, by Land or otherwise, not having first paid the dutie to their Malies. The said two bills wer read the first time. Ordered a second reading of the bill to regulate the tobacco Cask. Ordered, The Leiv' Governo', Andrew Robeson and Wm. Clark, Pilsq". be a Comittce of the Councill to conferr with a Comittee of the Assemblie Concerning the bills for regulating the Cask for tobacco, and ag' transporting of tobacco from Maryland, without the king's dutie being paid. Ordered, Secrie Robinson to acquaint the House of this ord', & desire them to appoint their Comittee, to meet the morrow morning. Adjourned to the 31" of May instant. PROVINCIAL COUNCIL. 429 ' [31" May, 1694. Att a Councill Held att Philadelphia the 31" day of May, 1694. present: His Excellie BENJAMIN FLETCHER, &c. Wm. Markham, Esq% Leiv' Governo''. And' Robeson, "1 t> i-t m 1 pat. Robinson, Usq^ ^°^ J""""^^' Iesq''. Wm. Clark, J ^"°- ^°^"^^"' J ^ The Comittee for Considering the two bills Having Returned them with amendments, they wer ordered a third reading, and George For- man to Carie them down to the house. The house of representatives sent up severall new bills -t: His Excellie BENJAMIN FLETCHER, &c. Wm. Markuam, Esq'., Leivt. Governo'. And"' Robeson, > p „ pat. Robinson, } ^ Robert Turner, 5 ' Wm. Clark, 5 His Excellie Ordered Secrie Robinson to ask of the Assemblie if they had anie thing to oft'err this forenoon, Who returned in ans' that thej wold have nothing to offerr till 4 a Clock in the afternoon. Adjourned till 4 in the afternoon. [.5* June, 1694. Att a Councill Held att Philadelphia the 5"" day of June, 1694. PRESENT : His Excellie BENJAMIN FLETCHER, &c. And' Robeson, | William Clarke, 1^ . pat.Robmson, ^Esq^ George Forman, h^^^ ' Wm. Salway, J J Edward Blake, from the Representatives, brought in a bill for regu- lating fees. Adjourned to &^ instant. [6* June, 1694. Att a Councill Held att Philadelphia the Sixt of June, 1694. present: His Excellie BENJAMIN FLETCHER, &c. W>i. Markham, Esq'., Leiv' Governo'. And' Robeson, "^ Wm. Clarke, ") Rob' Turner, {>Esq'^. Law' Cocke, ^Esq". pat. Robinson, J Geo, forman, J The bills ag' Usurie, taking Land in execuon, & sale of Intestates ' estates, read a third time ; that of Usurie to be amended, & the word (divided, &;c.) taken away, & instead therof : (the one half to the use of the king, the other to the informer.) The bills about weights and measures, regulating tobacco Cask, & tobacco transported by Land from Maryland, read a third time. Adjor. to 7"" instant. 432 MINUTES OF THE [7*^ June, 1694. Att a Councill Held at Philadelphia the 7"" day of Jj^ne, 1694. present: His Excellie BENJAMIN FLETCHER, &c. Wm. Markham, Esq'., Leivt. Governo'. And"" Robeson, "^ r> ^ ^ * "^ ^ r» u- I Robert turner pat. Robinson, t -r^ „ t r r^ i l i- ,^ Wm. Clarke, ^^^^ ' Law' Cock, ^Escf. Wm. Salwa^, j Geo. forman, J His Excellie Ordered the reading of a bill giving one pennie in the pound, wherof 2001b. to Coll. Markham, 2001b to M' Lloyd, and the remainder towards presents to the Indians. His Excellie desired the opinion of the Councill Concerning the sd bill. The Councill are of opinion that the sd bill Cannot pass, and that it is no answer to the Queen's Letter, nor does anie thing towards the support of the government. His Excellie sent for the Speaker &, the whole house, and then said : " M' Speaker, &c. You have mistaken the form of the bill. 1 " can pass no bill to Leavie monie on their Maties Subjects for my- " self, or for the use of anie other person whatsoever. Their Maties, " or their particular service, must be first regarded in all Leavies, " and if you design a favour for Coll. Markham or M' LLoyd, yoi:r " method is to raise a fund answerable to the Queen's Letter and their " Maties expectations for the securitie of the fronteers and assistance " of Newyork, and then to pray their Maties wold be pleased to allow " outt of "that sum what you intend for these gentl. I find you goe " about to appoint yo' owne Collector : as you cannot raise monie or " give it to anie other but their Maties, So you Cannot appoint such " an officer; Indeed it appears an Unmannerlie distrust of the person " in that office alreadie Comissionated, and it Looks Like putting it " outt of their Maties power (if you could) to disallow of yo' act. I " shall suspend my determination as to the other bill till you Con- " sider better of this, and doe again putt you in mind of a possitive " answer to their majesties Letter." Adjourned till morrow morning. [S"- June, 1694. Att a Councill Held att philadeliphia the 8'" of June, 1694. present: His Excellie BENJAMIN FLETCHER, &c. Wm. Markham, Esq'., Leiv' Governo'. And' Robeson, "^ ^ Clarke ^ Rob' Turner, ^Esq". Wm. Uarke, ^^ Wm.Salway, J ^"°- ^^™''»"' J M' Blake, &c. from the House of Representatives, presented an PROVINCIAL COUNCIL. 43? address, wherin tliey pray the passing of the Bill for the 400" to Coll. Markham «fe M"' LLoyd, and alledgc it warrantable ; which was read. The said gentl. giving his Excellie accompt that the house are Considering of an ans' to the Queen's Letter, to give them time to deliberate, His Excellie did adjourn till morrow morning. Adjourned till 9'" of June 1694. [O"' June, 1694. Att a Councill Held att Philadelphia the 9'" day of June, 1694. PRESENT : His Excellie BENJAMIN FLETCHER, &c. Wm. Markham, Esq". Leiv' Governo^ And^ Robeson, 1 ^ p, ■ ") Robt^Tumer, lE,q". S'San,' \^^"- pat. Kobmson, J J The memoriall of And"^ Hamilton, esq', given in to his Excellie & Councill, was read and recommended to the Consideraon of the Assembly, and was ordered to be caried to them by Wm. Clark, Esq'. ' The House of Representatives having Considered the said paper, doc find no Cause att present to add to the Salleric belonging to t}>e })Ost office as established by the law made here Last Assembly. M' Bleake, Major Donaldson, Sam'' Carpenter and Wm. Biles, brought up a Remonstrance in ans' to the Queen's Letter, which was read, viz : " To Benj° ffletcher, Capt. Generall and Governor in Chief of this " province of pennsilvania and Countrie of Newcastle. The Remon- " strance of the freemen of the said province and Countrie in genc- " rail Assemblie mett, Humblie Sheweth: That having read thy " speech delivered us the 23'' of the 3*^ mo., 1694, as also having " Considered the message sent us from thee and the Councill on the " first day of this M"., with respect to the Queen's Letter, Wee find " upon perusall of the minuts of Assembly held here about 12 M'. " agoe, that the rate, or tax, then granted to the king and Queen, was '• in Complyance to the aforesaid Letter, so farr as the religious per- " suasion of the most part of that Assemblie could admitt, and ' although the said tax amounted to seven hundred and sixtie pounds, '• nnd the greatest part therof paid in by the Countrie to the rexive " Collectors, and (as it seems) in great readiness to be received by " the Treasurer, v/hich wee lookc upon to be a verie Considerable ■' demonstraon of our realitie and aflection towards the king and • Queen, Considering the Circumstances and infancic of this place. 37 434 MINUTES OF THE " and what our nighbouring provinces (who are of much more abili- " tie, but under no Less obligaon than wee are in that respect) have " Contributed upon the Like occasion ; Yet notwithstanding ail wee " have done, wee find that wee are not suteablie represented to the " Indians in the Late treaties thou had with them att Albany ; and " not onlie soe, but wee perceive by thy speech that the five Indian " nations (who till of Late have been faithfuU to the Crown of Eng- " land) are now drawen over to the french interest, and our Indians " here Like to be Compelled to join in that fatall Confederacie, unles " prevented through thy prudent management in returning the said " five Nations to their former friendshipp with the English ; for the " accomplishment wherof, If what has been raised for support of go- *' vernm', (allowing a Competent Consideraon to the Lciv' Go' for his " Last year's service,) or in case anie thing that wee shall Contri- " bute towards the Supplying of the Indians with necessaries for food " and rayment, shall receive that Candor as to be accompted o' assisi- " ance, In order to influence and gain them to a Continouance of " their former amitic with these provinces, wee shall with all readi- " ness acquiesce that a Sutcable proportion of the monie raised, or " intended to be raised & appropriated by us to that use, Shall be a " reputed and taken as a support to this governm'. Therfore, wee ' " desire that wee may be accordinglie Represented to the Indians, & " not rekoned among those that refuse to Comply either with the " Queen's Letter or thy Just Comands, which otherwise may prove | " of ill consequence to us. Signed by ord*" of tlie house, this 8"* 4* Mo. " 1G94, p. DA'' LLOYD, Speaker." Adjourned till afternoon. [Post merid. POST MERIDIEM, present: His Excellie BENJAMIN FLETCHER. Wm. Markiiam, Esq'., Leivt. Governo'. And' Robeson, "] Wm. Sahvay, ") Rob' Turner, j-Esq". Wm. Clarke, I Esq''. })at. Robinson, j ^^<^o. forman, J It is the opinion of the Council! that his Excellie dissolve the Assemblie. Ordered, M' foreman call the whole house of representatives. M' Speaker and the whole house being present, his Excellie said : " M' Speaker, you liave now satt nineteen dayes without the Least Consideraon of their Maties Service in the Securitie of the province; you have applied the first part of yo' time in the searching for grie- vances, which will all appear to be the eHccts of yor owne weaknes in not redressing ym by the due course of the Laws, there not helnir one of the foure you took such pains to hunt for but must reflect upon yo' proprietor or yo'sclvcs. PROVINCIAL COUNCIL. 435 You have Laid some bills before me. First, you desire me to give Sanction to two bills ag' Robbing and Stealing, which tho' (as you word ym) they are not Consonant to the Laws of England, yett att yo' instance and request I doe allow of them, till their Matics pleasure be further knowen. And so for the rest, viz: 2'', that for ragulating weights and measures. 3'', That for Regulating Tobacco Cask. 4th, That ag' Importing Tobacco by Land from Maryland. 5th, that for Limiting the Interest of money to eight per cent. 6th, That to make land and freehold liable to execuon for debt. 7th, That for Impower- ing the widow and exers. to sell Land for paym' of debts. These other bills I cannot pass. First, the bill for Countie Levies, which appears most unreasonable and Contrary to the Laws of England and the Comon practice in anie of their Maties dominions, for particular persons to Levie money upon the subject wtout their owne Consent. A grand Jurie att the Quarter sessions doe represent the Countie, and are Judges of the necessarie charges of the Countie, and may present such sums of money as are Convenient for the repairing highwayes, bridges, &c. and the Justices take care to order it accordinglie; But in this Bill the Justices and Representatives of each Countie are empowred wiout a grand Jurie, and ag' their Con- sents, to Levie money att pleasure, under a pretence of paying old debts of twelve years standing. The Second is a Bill for Regula- ting fees. This power is by their Matics Letters patents invested in the Governo'' & Councill, & care shall be taken therof,,as in the pro- vince of Newyork, to yo'' generall satisfaction. The third is for a Sallarie for Assemblie men of Six shillings a day, I recomended to yo"" Care a support for the Leivt. Governo', the Judges &> other officers who act by their Maties Comission in this province. To which you have allwayes Lent a deaf eare; And I find yo' members of Assemblie have a way to gett their old allowance of three shills. a day by a bill for defraying Countie charges. This I think, is sufficient wages. The fourth is the money Bill, Wherin you have no regard to what I proposed to you for their Maties service. In enabling mee to ans' her Maties Letter for assistance to Newyork, tho' proposed in such a way as is agreeable to the most tender Consciences among you. You wold raise monie upon the subject & dispose of it at yo' pleasure to the two Late deputies in such a manner as I cannot consent to, being Limited by my instructions. You wold also putt itt outt of their Matics power to approve or disallow of yo' gift ; you will not trust the Receiver generall appointed by authoritie of the Crown, but name one of yo' owne, who shall not be accomptable for the sd sum, but to the two Late deputies: And you wold by this bill give a certain sum of 4001b. to those two gentl, who never acted by 1 mediate Comis- sion from the Crown, and Leave the uncertain fragment for the support of governm', which, according to the measure of yo' Late aplottment, will not amount to lOOlb. s'; I am apt to believe to nothing. Now Gentl. finding no prospect of yo' Inclinaons for their Maties 436 MINUTES OF THE service or your owne saftie, I think fitt to dissolve this present assem- blie, and you are hereby dissolved. The end of the Second Sessions of Councill and Assembly. [5* Febry, 1694-5. Att a Councill Held att Philadelphia the 5"" day of February. 1694-5. present: WM. MARKHAM, Esq^, Livet. Governo'. Robert Turner, > ^ ,, Law' Cock, } „ pat. Robinson, 5 *^' ' Charles Sanders, 5 ^^ The Leivt. Governo' showed the Councill an Ord"^ from his Excelly the Chief Governo', Requiring him that hee cause Jn" Donaldson, Esq', be sworn one of the Councill for the province of pennsilvania & Countrie of Newcastle ; which was accordinglie done. And the said Jn" Donaldson Having taken the oaths appointed by act of par- liam' to be taken instead of the oathes of allegiance and Supremacie, & subscribed the test, took his place att the board accordingly. 26'" March, 1695. Att a Councill Held att Philadelphia the 26* day of March, 1695. WM. MARKHAM, Esq^ Leivt. Governo^ Rob' Turner, pat. Robinson, tesq". Vno'l';.'.";r.''n' > *^sq'' 3rs, J Griffith Jones, 1-,, , ci 1 I Jn donaldson, Charles Sanders, J The Leiv' Govcrno'' said to this effect: Gentl. I am glad of this opportunitie to acquaint you thatl Have Latelie received their Maties Letters' patents, by which they have been graciouslie pleased to restore /.he proprietor to the government of this province of pennsilvania & territories, and that the proprietor has been pleased to send mee a Comission to be Govcrno"' therof under him, both which Lye before you for yo' perusall, and which I intend to Cause publish forth- with ; But before I doc, or that I enter upon the government, or that you arc dismist from being their Maties Councill, I judge it Requisitt to take those oaths that Governors are by Law obliged to take, before you, that you may be wittnesses therof; And I desire the secrie to administer the same unto mee. PROVINCIAL COUNCIL. 487 Wherupon, the Secrie did administer to the sd Wm. Markham,the oaths appointed by act of parliament to be taken in sted of the oathes of allegiance & supremacie, also hee subscribed the test, as also the oathes appointed by the act of parliam' made in the 1 2* year of the reign of Charles y° 2', Entitled an act for the encouragement & Increasing of Shipping & navigation ; &> by the act of parliam' made in the IS"" year of his sd reign, Entitled an act for the encouragement of trade. All which oathes the sd Wm. Markham did Solemnlie take in psence of the sd Councill. The Leiv' Governo'' did also desire the Secrie to Record their said Maties Letters patents for Restoring the proprietor to his government, and the proprietor's Comission to him to be Governo' under him, in this minuts of Councill book. The Leiv' Governo'' then said : Gentl. I thank you for the true allegiance and Loyaltie I have observed in you all to their Maties, o' Soveraign Lord & Lady, Wm. & Mary, which you have showen by yo' readiness and willingness to their Service upon all occasions. I also thank you for all yo' kindnesses to mee whilest Leiv' Go- verno', for all which you shall alwaycs find mee readie to serve you wherin I may. Pray gentl, As it is all o' duties, See let us hereby jointlie give o' heartie thanks to his Excelly Governo'' fletcher, for his care of y"' province, and for his affections to the proprietor and us, Humblie beseeching His Excellie that hee will be pleased still to Con- tinou y° same, assuring him of our true, sincere and unfeigned respects and service to o'' outmost ; To which all the Council Heartilie assented. Then the Leiv' Governo'' said : Gentl. I desire you will attend the publishing of their Maties Letters patents, which will be the Last act you can doe as their Maties Councill under His Excellie Governor fletcher ; Whereby you will yet the more express yo' readie obedience to their Maties Commands. Soe bid you Heartilie fiirewcll. Here follow their Maties Letters patents. Their Maties king William & Queen Mary's Letters patents restor- ing Wm. penn. Esq'', proprietor of pennsilvania, to the govcrnm' of the said province : William & Mary, by the Grace of God, king & Queen of England, Scotland, ffrance & Ireland, defend" of the faith, &c. Wheras, upon informaon that by reason of great miscarriages in the government of our province of pennsilvania in America, & the absence of the proprietor, the same was fallen into disorder & confusion. By means wherof not onlie the publick peace & administvaon of Justice was broken &, violated. But there was also great want of provision for the guard and defence of our sd province ag' our enemies, v/herby it was apprehended that our sd province & the adjacent Colonies, wer much in danger of being Lost from the Crown of England ; for prevention therof, as much as in us Lay, &l for the better defence & Sccuritie of o' subjects Inhabiting those parts during this time of warr. Wee did llnd it absolutlie necessarie to take the government therof into our hands, and under our Immsdiat Care & protection ; And did ther- upon, by Letters patents under our great, Seal of England, bearing 37* 438 MINUTES OF THE date the Tvventie-first day of October, in the fourth yeare of our reign, Constitute and appoint our trustie & well beloved Benjamin Fletcher, esq', our Captain Generall and Governo"^ in Chief of our province of Nevvyork, to be our Captain generall and Governor in Chief in and over our said province of pennsilvania & Countrie of New castle, and all the Territories* and tracts of Land depending theron in America, with directions to take the said province and Countrie under his government: And did therby grant unto him, the sd Benja- min Fletcher, and in Case of his death or absence cutt of o' province of Newyork & pennsilvania, our Countrie of New castle and our Colonies of East and West New Jersey, unto such person as should be appointed by us to be Commander in Chief of our said province of Newyork, or to our Councill of our sd province, the Like powers and authorities as wer granted by our Comission to the said Benjamin Fletcher, bearing date the eighteenth day of March, in the said fourth year of our reign, for the ruling & governing of o"" sd province of New york : and wheras. Humble application Has been made unto us by our trusty and well beloved William penn,Esq. proprietor of or sd province of pennsilvania, that heemay be restored to the administration of the government therof as formerlie: And wheras, the said proprietor Has given us good assurance that hec will take care of the govern- ment of our said province & Territories, and provide for the safiie and securitie therof all that in him Lyes, Wee have therupon thouglit jitt to restore him to the administraon of the government of o' sd province & Territories, and accordinglie, our will & pleasure is, that soc much of our said Comission bearing date the twentie-first day of October, in the fourth year of our reign, as doe constitute r appoint our trustie & well beloved Benjamin Fletcher, Esq'., to be our Captain Generall and Governo'' in Chief of our said province of pennsilvania, Countrie of newcastle, & the territories & tracts of Land depending theron in America, together with all the powers and authori- ties therby granted for the ruling and governing of our sd province and Countrie, doe from the publicaon of these our Letters patents, cease, determin & become void, and accordinglie, the same are hereby declared void ; of which all persons whom it may concern are to take notice & govern ymselves accordinglie. Under paine of our Highest displeasure. In wittnes wherof, wee Have caused these our letters to 1)0 made patents. Wittness ourSelves att Westminster, the twentieth day of August, in the Sixt year of our reign. By writt of privie Seal, with the great Seal appended, in yel- low wax. PIGGOTT. Indorsed a duplicate of the grant to William penn, Esq'. PIGOTT. Wm. penn, propriatorie of pennsilvania, &;c. His Commission To Wni. Markham, to be Governor under him of the sd province and Ciountrics annexed. o ] ^ , "I William penn, proprietaric of the province of pennsil- [■vania & Counties annexed, to his Trustie and beloved ' ' J friend and kinsman, William Markham, Greeting: Being as yet unable to goe myself, and having not time to make PROVINCIAL COUNCIL. 4^9 anie other settlements of publick affairs than that which followes, And reposing speciall Confidence in thy justice, prudence and integri- tie, I have hereby thought fitt to Nominate & appoint thee Governo' of my said province, &c. under me, And I doe hereby deolare and Con- stitute thee Governo' of the same as aforesaid ; Hereby also appointing & constituting for the more easie discharge of the trust reposed in thee, Two assistants, viz : John Goodson and Samuell Carpenter of Phila- delphia, in the province aforesd, strictlie charging and requiring thee in all things to govern according to the known Laws & usages therof, and with the advice and Consent of both, or one of them ; And par- ticularlie, that Care be taken to Suppress all vice and disorderlie walking, by reviving and zealouslie executing all those Laws that tend to Sobriety — Strictlie charging all persons concerned to give thee & assistants the respect due to yo' respective stations in govern- ment; Hereby revocking all former Comissions granted by mee, And this Comission to Continou in force till farder order from mee. Given att BristoU, this twentie-fourth day of the ninth month, one thousand Six Hundred ninty and four. WM. PENN. Wm. penn's Commission to John Goodson & Sam" Carpenter, ta be assistants. William penn, proprietary of the province of pennsilvania, &c., to his trustie S& Loving friends John Goodson and Samuell Carpenter i Wheras, I Have appointed and Constituted my Cousin William Mark- ham, Governour under mee of my province of pennsilvania, &c., and taking into Consideration the state of the province, and his fre- quent indisposition, I have thought fitt. Reposing Speciall Confidence in yor Justice, prudence &; Integritie, To appoint and Constitute you assistants to him in government, according as is expressed in his Commission, by your advice and Consent, or the advice and Consent of one of you, to transact and govern the affairs of the said province in my absence, according to the Laws & usages therof; Requiring all people to give you the respect that is due to you in that station and Capacitie. Given att Bristol), this Twenty-fourth day of the ninth month, 1694. WM. PENN. [PnrLADELPHiA, 2S' ApHll, 1695. Att a Councill Held att Philadelphia Die Martis, 23^ Aprill, 1695. PRESENT : WM. MARKHAM, Esq'., Go', under Wm. penn, &c. Sam" Carpenter, David Lloyd, Jn" Donaldsonn, Sam" Richardson, Caleb pussey, Jn'' Williams, Anthony Morris, George Maris, Rich'* Hall j- well. Upon reading the petion of Wm. Troutt, It was ordered that the triall of the Seizure of the briganteen yrin named, should be in the 440 MINUTES OF THE Countie of Chester, upon the 18"" of Aprill instant, and that a Comis- sion be accordinglie granted, May, 1695. Att a Councill Held att Philadelphia Die Jovis, 30"' May, 1695. present: WM. MARKHAM Esq'., Go' und' Wm. Penn, &c., & all the mem- bers except as above. Upon reading the petion of Joseph Wood ag' Wm. Shardlow & his attornie, Charles Sanders, The matter was Left to the Course of the Comon Law, & it was recommended to the Justices of the Countie Court to inspect the matter. Upon reading the petion of Thomas Herris relating to his former, It was the opinion of the Go' & Councill y' was not Cognizable before them. Upon Reading the petion of Jn" king ag' Eliz. Hooton, Ordered that a writt Issue from the Go' to the provinciall Judges, to try the appeall depending between Eliz. Hooton & Jn° king, & forthwith to proceed to Judgm' therupon. Upon Reading the petion of Sam" Atkins ag' Sam" preston, Late Sheriff of the Countie of Sussex, The petition' is Left to his Course att Law. [15* June, 1695. Att a Councill Held att Philadelphia Die Saturni, IS"' June, 1695. present: WM. MARKHAM, Esq'., Governo' und' Wm. penn, &c. Sam" Carpenter, David Lloyd, William Clark, Anthony Morris, Rich" Hallywell, phin. pemberton. Joseph Growden, Griffith Jones, The Go' Having acquainted the Councill of some reports hee had heard of the designs of o' enemies the French, ag" these parts, & y' they had a Squadron of Shipps att sea bound for y^ plantaons, to attack ym, & y' some of the members of this board had proposed to him that a watch on Cape Inlopen to be keept, might be of Service, to give notice if anie suspicious vessells should appeare wtin sight of sd Cape, The Go' putt it to the Question, whether a watch there wold not l)C nccessarie, convenient, & of service to the publick. It was caried in the affirmative, nemine Contradicente ; And for defraying the pub- lick charge yrof, It was Resolved y' the Go' &, repsentatives in Coun- cil wold effectual! ie Recomend the same to the next assemblie, and that in the meantime, the Go' should Issue an ord' to the Justices of the peace for the Countie of Sussex, that they Cause the sd Watch to be keept on the sd Cape by two men to the first day of Octob' next ensuing, from five in the morning to Seven of the Clock att night; which was accordinglie done, & delivred to Wm. Clarke. 444 MINUTES OF THE [IS"- June, 1695. Atta Councill Held att Philadelphia Die Martis, 18"" June, 1695. PRESENT : Wm. MARKHAM, Esq'., Go' under Wm. penn,&c. Sam" Carpenter, David Lloyd, Rich"^ Hallywell, Sam" Richardson, John Donaldson, William Clark. Upon reading the potion of Harm an Lawrier, Setting forth that there are 4 children belonging to his Sister in the sd Countie of New- castle, whom hce requests that hee may be permitted to take ym to Newyork, & engages to take such Care of yr education as becomes their qualitic & his relation to ym. It was the opinion of the Go' dc Councill y' y*' sd Harman take the children y'in named into his Care & custodie, & after hee has made such satisfacon to the pties y' have keept ym as is reasonable, <5c given securitie to the Justices of y'' Court for Indemnifying the said Countie ag' the sd children, Hee may transport ym outt of this governm' to Newyork. [29'" June, 1695. Att a Councill Held att philadcltphia Die Veneris, 29"' June, 1695. present: WM. MARKHAM, Esq'., Go' under Wm. penn, '&c. David Lloyd, Rich'^ Hallywell, Wm. Clarke, Jn" donaldson, Griffith Jones, Tho. pemberton. The Go' Spake to this effect : " Geutl, Seeing it will require a Long " time to gett a full Councill, by reason of the remoteness of mania " of y" members, I Let you know That having Latelie received " another Lre from His Excelly Governo' Fletcher, I thought it " necessarie to call a Councill as soon as I could ; I hop't indeed to " have had a Larger number present than I find come." However, his Excelly Governo' Fletcher's Lre being read, wherin hee applied himself to Go' Markham that a Quota of Eighty men, with their proper officers, viz : One Captain, Two Leivts., Three Sergeants, Three Corporalls & two drummers, or the value of the charges for maintaining the same, be provided & sent to Newyork by the first of August next, in obedience to the Comand of her Late Matie & for his Maties Service, in order to the Generall defence of this part of his Maties empyre. After the reading whcrof, The Go' said: " Gentl. When his Excel- " lie Governo' Fletcher, by his Lre to mce of the 15'" of Aprill- Last ■ " past, made his first demand of y'^ sd Quota of men, or the value of " the charges lor maintaining the same. Requiring that they should " be provided & sent to New york by the first of May Last past, " You know the ans' you gave to it, viz: That you wer not in a '' capacitie to give a full & Satisfactorie ans' to soo weighfie a matter " wtout a generall Assemblie, And that most of the members Living PROVINCIAL COUNCIL. 445 " soe remote from this place, & harvest drawing on so near that they " could not meet till about the 9* of 7ber next, & yrfore, you yn " advised mee to Comand the Assemblie to meet the sd day to advise " & Consult yrupon. " Gentl., You know that I thought that time too long, &c y'fore yn "desired you to Consider further before you resolved; yet you then " replied that you had deliberatlie Considred of it, ck that it wold be " to the ruine of manic families to be from home in harvest. There- " fore, I now desire you seriouslie to Consider what ans"' I shall give " Flis Excellic Go' Fletcher, to his 2'^ demand. " Gentl. , I'm here in the roome of o"' proprietor & since hee has " not restricted nor Limited mee, the blame shall not Lye att his "doore. If you will doe anie thing that may effectuallie ans'' her " Late Maties Royall will & pleasure, and his Excellie Governo"' " Fletcher's demands formed yrupon, I'le give such sanction to it as " becomes mee to doe ; and tho' the proprietor has given their Maties " good assurance that hee will take care of the governmt & provide " for the saflie & securitie therof all that in him Lyes, And is by her " Late Maties Royall Lre Comanded to give directions that due pro- " vision be forthwith made att the publick charge of y^ province, for " the furnishing the said assistance, as the same shall be soe demanded " from time to time by his Excellie the Governo'' of Newyork, yet "the proprietor if he were here, himself, nor I that represent him, " Cannot raise monie wtout you &. an x\ssemblie, who are the people's " repsentatives ; And if you will doe anie thing, I am ready in the " proprietaries behalf to give it Sanction. And yrfore, I desire your " advice v/hether to shorten the time of the Assemblies meetting from " the 9"" of Tbr. to a neerer day, will be of any service." It was the unanimous opinion of all the members present, that it wold be of no service to call ym sooner. The Governo"^ Having askt the reason of their opinion, one of the members ansred, Becaus by the great mortalitie of the Cattle & stock of the Inhabitants Last year, the people have been, ds still are und'' great straits for Corn & provi- sions, and the substance of the province & Territories Consisting all together in stock, provisions & Corne, If the inhabitants should be called off from getting in their Harvest & Cropts to attend the assem- blie, whoise number v/ the Councill are 54 persons. It wold tend to their utter ruine. And tho' a Lav/ v/ere alreadie past for raising monie to defray the charge of the assistance demanded. It could be no sooner collected then it wold be if not made till the 9"" of 7ber. next, Becaus the paymts must be made outt of the Crept yt is now upon the ground, &, upon which the sole dependence of the province for their support relies, & the proper time of paymt therof is in the winter. To which the rest of tho members Unanimouslic assented. 38 446 MINUTES OF THE [8* August, 1695. Att a Councill Held att Philadelphia Die Jovi3, 8'" August, 1695. PRESENT : WM. MARKHAM Esq^ Go^ under Wm. Penn. Sam" Carpenter, William Biles, John Williams, Sam" Richardson, David Lloyd, Rich'^ Hallywcli, Anthony Morris, Caleb pussey, John Brinkloe, phinehas pemberton, George Marris, Griffith Jones. The Go'' himselfread to the Councill some part of a Lre directed to him from Go'' Fletcher, vvherin hee told him Hee should not be want- ing in calling for the supplies, ordered him outt of this province by the Rojall Comand, And then ordered the Secrie to Issue writts to the sheriff of each of the Six rexive Counties, to warn the vcpsentatives of Councill & assemblie to meet at philad the 9"" of 7ber. next, as was agreed Last provincial! Councill; & y' in case of the death of anie of y'' Rcpsentatives, giving power to the rcxivc sheriffs to elect others in their rooms, according to Law. TROVIxNCE OF PENNSILVANIA & COUNTIES ANNEXT. [20"' Aprlll, 1695. Minutes of Councill in the Assemblie Anno R. R. et Rx, Willielir.i et Maria?, &c. Nunc Anglia", &c. Septimo. Att a Councill Held att Philadelphia die Saturni, 20'" Aprill, 1695. PRESENT : ^ WILLIAM MARKHAM, Esq% Governo' under Wm. penn, &c. ^|| The Sherifl'of the Countie of Philadelphia, his Return of Repre- sentatives in Councill was read, & there wer elected Sam" Carpenter for 3 years, Sam" Richardson for 2 years, &> Anthony Morris for one I yeare. As also the Sheriff of the Countie of Chester, his return of i rcpsentatives in Councill was read, & there were elected David Lloyd for 3 years, Caleb pussey for 2 years, d: George Marris fer one year. Adjourned to 22"^ instant. JSa"* Aprill, 1695. Att a Councill Held att philad. Die Luna^, 22'^ Aprill, 1695. present: WM. MARKHAM, Esq'., Governo' under Wm. penn, &c. The Shcriffof the Countie of Newcastle, his return of rcpsentatives PROVINCIAL COUNCIL. 447 in Councill was read, &; there were elected Jn" donaldson for 3 years, Jn" Williams neering for 2 yeai's, &, Richard Halliwell for oue year, all which six members appearing in Councill, their elections wer approved of. The Sheriff of the Counlie of Bucks, his return of repsentalives in Councill being read was rejected, becaus it did not mention the day of their election, nor the rexive years for wliich the members were to serve. The Sheriffs of the Counties of kent & Sussex their Return of repsentatives in Councill being Read was rejected, becaus they made not their election till the 13''' instant. The Repsentatives of the Countie of Newcastle took the oathes appointed by act of parliam' to be taken instead of the oalhes of alle- giance &; supremacie, & subt the test, &, promise of secresie, & took their places att the Councill board. The Repsentatives for the Countie of philad. & Chester did sub- scribe the declaraon of fidelitie, profession of the Christian faith, test & promise aforesd, & took yr places as above. Adjourned to 23^ instant. . [23" Aprill, 1695. Att a Councill Held att philad. Die Martis, 23' Aprill, 1695. present: WM. ]\f ARKHAM, Go' under Wm. penn, &c. Sam" Carpenter, David Lloyd, Jn° Donaldson, Sam" Richardson, Caleb pussey, Jn° Williams, Anthony Morris, George Marris, Rich'' Halliwell. The Governo'' desired pat. Robinson, Secrie., to read yr Maties Lres patents under the Great Seal of England, restoring the proprie- tarie to his governm'; & the proprietaries Comission to Wm. Mark- ham, to be Governo'' und' him, & his Comission to Jn" goodson & Sam" Carpenter, to be his assistants, all which ht^ accordinglie read, &o they stand recorded in the other end of this book. Adjourned to 24"' instant. [24"- Aprill, 169.5. Att a Councill Held att philad. Die Mercury, 24"' Aprill, 1695. PRESENT : WM. MARKHx\M, Go' under Wm. penn, &c., et ysdem sicut anttrj. In respect of the Illegalitie of the Returns of Repsentatives for the Counties of Bucks, kent & Sussex, Ordered that new writts be issued for their election of repsentatives upon y° S"" of May next, & to mee'j in Councill the IS"" of sd mo., which was accordinglie done.. Adjourned to 18'" May, 1695.. 448 MINUTES OF THE [18"^ May, 1695. Att a Councill Held att philad. Die Saturni, 18* May, 1695. present: WM. MARKHAM, Governo' under Wm. penn, &c. Sam" Richardson, David LLoyd, George Marris, Anthony Morris, Caleb pussey, Jn" Donaldson. The Sheriff of the Countie of Bucks, His Return of Representatives in Councill was read, & there were elected Joseph Growdon for 3 years, phinchas pemberton for 2, & Wm. Biles for oneyeare; The Sherift' of the Countie of kent, his Return of Repsentatives in Coun- cill was read, & there were elected John Brinkloe for 3 years, Rich- ard Willson for 2, & Griffith Jones for one yeare. The sd Jn" Brinkloe &, Richd Willson took the oathes aforesd & subt the test & promise of sccresie. The sd Griffith Jones subt the declaraon offidelitie, profession of the Christian faith, the test & pro- mise of secresie, & took yr places att the board. [ 20«' May, 1695. Att a Councill Held at philad. DieLune, SO* May, 1695. present: WM. MARKHAM, Governo' und'' Wm. penn. David LLoyd, Jn" Donaldson, Jn° Brinkloe, Caleb pussey, Jn" Williams, Griff. Jones George Marris, Richd Hallywell, The Sheriff of the Gountie of Sussex, His return of Representatives was read, and there were elected Wm. Clark for 3 years, Thomas pemberton for 2 years, Sl Robert Clifton for one year. The sd Wm. Clark, phinehas pemberton & Wm. Biles, did subscribe the declaration, &c. profession, &c. test & Secresie, & took their places att the board. The said Thomas pemberton & Rob' Clifton took tlie Oathes, test & promise of secresie, & took their places as above, & so wer psent : phinehas pemberton, Anthony Morris, Griffith Jones, William Biles, Jn" Donaldson, Richard Willson, David Lloyd, Jn" Williams, Wm. Clarke, Caleb pussey, Richd Hallywell, Tho. pemberton, (jeorge Marris, Jn" Brinkloe, Rob' Clifton. Sam" Richardson, After the reading of y' Maties Lres patents for restoring the pro- prietaric to his governm', & the proprietaries Comission to Wm. Markham to be Governo' under him, & lo Jn" Goodson & Sam" Car- penter to be his assistants, by the Secrie, The Governor said : " Gcntl., You are Convened by virtue of a power derived unto mee " from M' penn. Our absolute proprietarie & Chief Governo', under " whois governm' you Lived happilie for manie years. Their Maties, PROVINCIAL COUNCIL. 449 " our Soveraign Lord and Ladie Wm. & Marie, wer pleased upon " some apprehensions that this province was in danger of being Lost " from the Crowne of England, to take us und' their more Imediate " care & protection. During which time I was yo'Leivt. Governo', «fc " I must say that 1 have observed in you (I mean both you &, those " you repsent) a dutiefuU affection to their present Maties, in a readie " Compliance with all y' Comands, after such mann' as yo' tender " Consciences could permitt. Most of you were either of the Coun- "cill or of the Assemblie first called by his Excellie Governo' Fietch- " er, and when the Queen's Lre for the assisting the province of New " york to defend y' fronteers was read, I rejoiced to see yo' readiness " to Comply, and tho' the principles of most of you were arr' givin"- " any thing to Maintain Avarr, yet you Dutiefullie & prudentlie, &; " without example from yo'" nighbours, raised money under the title " FOR THE SUPPORT OF GOVERNMENT, but to be disposed " of as his Excellie Governo'' Fletcher should think fitt, Which monie " was by his sd Excellies order transmitted to New york, & no doubt " well iniployed in the service of the Crown. And now Gentl., Their " Maties Have been graciouslie pleased to restore our proprietarie to "His governm', a gentl, I'm sensible, has allwayes been verie affec- " tionate to us, & I hope none of us (I am Confident there is not one " here) will be wanting in gratitude towards him, nor in due respect " to & Love for him ; Let us yrfore. Like dutifuU, Obedient & grate- " ful subjects, entreat o' proprietarie to return their Maties o' most " Humble & Heartie thanks for this y"' great & gracious favo', &; to " assure ym y' wee shall ever Continou to be yr most Loyall & obe- " dient subjects." To which the whole members of Ccuncill Heartilie assented. Adjourned to 22'' May instant. [22" May, 1695. Att aCouncill Heldatt Philadelphia Die Mercury, 22^ May, 1695 present: WM. MARKHAM Esq% Governo'' und' Wm. penn, &c., et ysdem Sicut antea. The Governo"' Ordered the whole Representatives to resolve into a grand Comittee to Inspect &; revise the Laws of y^ province, In order to repeal those that were not fitt to be Continoued, & to prepare Bills for such Laws y' are necessarie & wanting. Resolved, yt y' 5"' instant be & is appointed for the Hearing of petions and Complaints. Adjourned to 25'^ instant. 38* 450 MINUTES OF THE [25"- May, 1695. An a Councill Held att Philadelphia Die Saturni, 25"" May, 1695. present: WM. MARKHAM, Governo', und' Wm. penn, &c., and all the rcp- sentatives in, N°. 18. Joseph Growdon, Hitherto absent, sub', the declaraon, Test & pro- mise of Secrisie, &; took his place att t]ie board. And see wer present y^ Governo'' & a full Councill, viz: Sam" Carpenter, David Lloyd, John Brinkloe, JSam" Richardson, Caleb pussey, Richd Willson, Anthony Morris, George M arris, Griffith Jones, Joseph Growdon, Jn" Donaldson, Wm. Clark, phinehas pemberton, Jn° Williams, Thomas pemberton, Wm. Biles, Rich' Hallywell, Robert Clifton, Pat. Robinson, Secry. The Grand Comittee of y' whole Repsentatives, to whom the in- specting & revising of the Laws of y^ province was Comitted, pre- sented to the Governo'' a Bill Relating to the new modelling the government, which was read once. Adjourned to y" 27'" instant. L'^T'^May, 1695. Att a Councill Held att Philadelphia die Luna?, 27'" May, 1695. PRESENT : WM. MARKHAM, Esq'. Governo' under Wm. penn, &c., & all the members except Jos. Growden & Jn" Williams. The said Bill was again begun to be read & debated, but it Could not be agreed upon. Adjourned to 28"' instant. [28'" May, 1695. Alt a Councill Held att Philadelphia die Martis, 28*^ May, 1695. present: WM. MARKHAM, Governo'' under Wm. penn, &c., & all y* mem- bers except Jos. Growden. The said bill being Laid aside, becaus it could not be agreed upon, A Comittee of one member for each County, viz: Sam" Carpenter, Wm. Biles, David Lloyd, Rich'' Hallywell, Jn" Brinkloe, & Wm. (/lark, were appointed to Consider of a new frame & modell of go- vernmV & to make report to the Governo' & Councill this afternoon. PROVINCIAL COUNCIL. 451 POST MERIDIEM, Praesentibus ut antea. The Committee to whom the Consideraon of a new forme ds modell of governm' was Comitted, Reported: That they had made some attempts, but Could not agree upon a new frame ; And yrfor, the Governo'' appointed the same Comittee to meet w' hinaself to-morrow morning, about the same. And to make report. Adjourned to 29"" instant. [29* May, 1695. Att a Councill Held att Philadelphia Die Mercury, 29"' May, 1695. PRESENT : WM. MARKHAM, Esq'. Governo' und' Wm. penn, &c., & all the Representatives ut antea. The Governo' &, Comittee to whom y' Consideraon of a new form & modell of governm' was comitted. Reported: That nothing could be agreed upon in ord'to anew modell of governm' notwtstandiog all y° pains & time spent about y° same. Then the Governo' said : " Gentl. By the writts issued by me for " Calling you together, you may see it was to choose repsentatives " to forme a provinciall Councill, to advise w' mee in matters relating " to y° governm'; Accordinglie the elections Aver made, & you that " were chosen have appeared & pformed all the Ceremonies Usuall " by any former provinciall Council. Gentl. you have taken up much " time in endeavouring to Lay aside the Charter granted you by the " proprietarie, which you then thankfullio accepted of, ds to propose "& make a more easie frame than formerlie by y° sd Charter & act " of settlement you had, but y^ difficulties y' attended yo' new bill & "^ frame were so great that they Could not be gott over. Since yrfor " the end of my Calling and of yo' Coming together was to advise " w' mee in matters Relating to y° governm', I Lett you know That the Queen's most excellent Matie Hath, upon the 21'' of Aug', 1694, signified to or sd proprietor & in his absence to the Comand' in Chief of y*" sd province of pennsilvania for y*' time being, That a Quota not exceeding eighty men, with their officers, or the value of the chairges of maintaining y'^ same, be the measure of the assistance to be given by y" sd province of pennsilvania & Coun- trie of Newcastle for y'' defence & securitie of the province of New- york, Thereby Requiring & Comanding o' sd proprieto' att all times, upon application of the Governo' & Commander in Chief of the pro- vince of newyork, to send y'' same for the defence & Securitie yrof; And y' the said proprietor give directions that due provision be forth- with made, att the publick charge of the sd province of pennsilvania & Countrie of Newcastle, for the furnishing such assistance as the same shall be soe demanded from time to time, by the sd Governo' or Comand' in Chief of the sd province of Newyorke. 452 MINUTES OF THE The Serious & due Consideraon of which Letter I Recommend unto you, cSs according to your dutie, doe require your advice dc assis- tance in the prosecuting this weightie affair, upon which yo'' owne 6c yd' nighbours securitie and preservaon soe much depends. I also Let you know, That His ExcelUe Benj" Fletcher, by his Letter of y° IS"" Aprill, writts me that hee is necessitated for y' Maties Service & the securitie of y' fronteers, to demand from us eightie men &; y"' officers, with armes, amunition, & pay for one yeare. The officers y' will be requisite are One Captain, Two Leivtenants, foure sergeants, foure Corporalls &> two drumers; & y' y' Maties have Co- manded us to furnish him with this assistance from pennsilvania & newcastle, & y' y" frontiers are soe circumstantiated att psent, that there being att Albanie on the first of May next ensuing, or as soon as possible may be, is thereby required. Both which Lres having been read. The Governor added: Gentl, you are the Repsentatives of the people, yrfor I again desire yo' advice here. The Repsentatives Having desired some time to Consider therof, the Governo' did Resolve the whole Repsentatives into a grand Committee, to Consider of an effectual! answer both to her Majesties Letter and Governo'" Fletchers, and delivred to Wm. Clark, one of their number, both thesd original! Letters for their perusall, & to make report to-morrow. Adjourned to SO* instant. [30"' May, 1695. Att a Councill Held att Philadelphia die Jovis, 30">May, 1695. present: WM. MARKHAM, Esq', Governo' under Wm. penn, &c., & all y' members except Joseph Growdon. Wm. Clark Reported from the Committee of the whole Represen- tatives, to whom the Consideraon of her Maties Letter & of Governo' fletcher's Letter, & their advice yrin & ans' yrto, was Committed. That baring taken the same in to their Serious Consideration, Humblie offerr y' opinion that thej arc not in a Capacitie to give a full & Sa- tisfactorie ans' to soe weightie a matter wtout a generall Assemblie, & most of ym living soe remote from this place, & Harvest drawing on so near, that they cannot meet untill about the 9* day of Sept' next. And yrfore, doe advise the Governo' to Command the assemblie to meet the sd day, to consult & resolve yrupon. Then the Go' said : " Gentl., You are my wittnesses that I " have done my dutie : Onlie wish that this your delay may not be "taken for a deniall, The Consequences wherof may prove verie " fatall to us all. And desired they wold Consider further before they " resolved." They replyed that they had deliberatelie Considered of it, & y' it wold tend to the ruine of manic families to be from home in harvest time. PROVINCIAL COUNCIL. 453 Resolved y' the Assembliebe Convened to meet att Philadelphia the said 9'" day of Sept' next, by order from the Governo'. Then the Go'' said further : " Gentl., you know y' in their Maties " Lres patents for restoring M' penn to his governm' it's said, That " he, the sd M" penn, Has given y' Maties good assurance that hee will " take care soe farr as in him Lyes, to secure the province. What " will you advise me in this case about securing y" same ag' anie " attempts that may be made upon us by d' enemies 1 will you be '♦ willing y' if an enemie should assault us I should defend you by " force of armes?" Some made ans' y' they wold ; Others that they must Leave everie one to y' Libertie, &; y' Governo'' penn's instruc- ons yrin must be followed, and it being his bussines they had nothing to doe with it. Then the Go"" desired to know of Jn" Goodson, his assistant, whether hee was dissatisfied w' any thing hee had done during this time of Sessions ? Jn° goodson ansred y' hee was well satisfied w' all y' had been done. Then the Go' desired y' the repsentativiss that Lived nearest to Philadelphia might give y' attendance in Councill upon anie emer- gencie, when called by the Go' & his sd assistant. Adjourned to 9"" Septemb', 1695. [9* Septemb', 1695. Att a provinciall Councill Held att Philadelphia die Lunce, the 9* of September, 1695. PRESENT : WM. MARKHAM, Esq'. Governo' und' Wm. penn, Esq'. &c., and John Goodson assistant. Sam" Carpenter, David Lloyd, John Brinkloe, Sam" Richardson, Caleb pussey, Richd Willson, Anthonie Morris, Thomas* Marris, Griffith Jones, Joseph Growdon, John Donaldson, William Clark, phinehas pemberton, John Williams, Tho. pemberton, William Biles, Richd Halliwell, Robt. Clifton, Pat. Robinson, Secrie. The Governo' desired the secrie distinctlie to read all the minutes of Councill that have been held since the restoration of the proprietor to his government, Which the secrie accordinglie did. Then the Governo' said : " Gentl., I ordered all the minutes of " Councills that have been held since the proprietor's restoration to " his governm' to be read, to remind you how wee have fallen outt of " the method of goverm' formerlie settled by the proprietor Sl the "people's repsentatives. In Avhich the provinciall Councill used to *His name was George. 454 MINUTES OF THE " promulgate bills that were to be past into Laws twentie dayes before " the sitting of the assemblie, att the end of which time the assemblie " used to meet to Confirm or reject those bills. " Gentl., You are sensible how much 1 was ag' altering anie thing " in the charter which was granted us by the proprietor, wtout his " knowledge & consent, & how great occasion I had for an Assemblie " was &L is plain to you, Viz : to answer the Late Queen's Comands " in assisting Newyork w*o'' Quota ag' o' Comon enemie the French. " Gentl., I endeavoured to bring the govermt to the method that "was ever used in the proprietor's time, before his Excellie Governo' " Fletcher had it, and accordinglie, I issued outt writts to forme a " provinciall Council! ; In answer wherto you mett & performed by " Oathes, attests & Subscriptions, all things necessarie to it ; and then " I did my dutie & Laid before you the Late Queen's Letter & his " Excellie the Governo'' of Newyork's application to mee for the " Quota allotted to this governml, expecting you wold have promul- " gated bills for the raising monie for it, but instead of that your Re- " solves wer that you were not in a capacitie to give a full & Satis- " factorie answer to so weightie a matter wtout a Generall Assemblie, " & most of you Living soe remote from this place, & Harvest draw- " ing on soe neer, that you could not meet untill about the ninth day " of Sept"^ then next ; And yrfor, did advise mee to Comand the " assemblie to meet the said day, to consult &; resolve yrupon. And " yrfor, it was resolved that the assemblie be conveened to meet att ',' Philadelphia the sd ninth day of Sept' then next. " And now Gentl., you are to advise what course to steer to attain " to the Chief end of o"' meeting, viz : to answer the Late Queen's " Letter, & when that is done & the Ice broken, all other things will " be easie. " Gentl., the Assemblie is come according to appointment ; The " first thing wee are to Consider of is the method of preparing and " passing Bills. Gentl., Both you of the Councill as well as of Assem- " blie, are Repsentatives of the people, both being chosen by them ; " I Have not the choice of one member of either, therfore, when I " speak to you I speak to the people's Repsentatives, as much as " when I speak to the Assemblie, And wtout yo' & their Consent, I " cannot raise monie, & wtout monie I cannot answer the Queen's " Commands. I pray God direct you that what you doe may be to " his glorie, the king's honour, & the saftie of this poore province. " Gentl. I expect your ans\ Adjourned till to-morrow morning* [10* Sept', 1695. Att a Councill Held att Philadelphia die Martis, 10"" of Septemb', 1695. PRESENT : WM. MARKHAM, Esq' Governo' und' Wm. penn, Esq' & Jn" Good- son assistant, And all y* members ut antea. PROVINCIAL COUNCIL 455 Cornelius Empson & James Fox, two of the members of Assem- blie, Came from the Assemblie, desiring to know of the Go' when the Assemblic might ye admitted. The Govcrno'' answered that hee & Councill were readie to re- ceive them. In a small time afterwards they all appeared, & presented Edward Shippen for y' Speaker, of whom the Governo'' did approve. Then the sd Edward Shippen, Speaker, dc all the other members of Assemblic for the Counties of Philadelphia, Bucks, Chester, newcas- tle, kent, & Jn" Stoaklie vfe Thomas Oldnian, for tlic Countie of Sus- sex, subscribed the test, profession of the Christian beliefe & declara- on of fidelitie; and the Last tbure for the Countie of Sussex, Viz: Joseph Booth, Henrie Malleston, James peterkin &l Jonathan Baylie, took the oathes appointed by act of parliam' to be taken in stead of y* oathes of allegiance & supremacie, & subscribed the test. Then the Governo' Spake to the Assemblie : " Gcntl., you are now qualified for bussines, and that you may " the better know yo' dutie, you shall heare the papers following :" and then desired the Secrie to read their iVIaties Letters patents re- storing M"' pcnn to his governm', which was accordinglie done ; Then Go' penn's Comission to his kinsman, Wm. Markham, to be Go' und' him ; THen Go' penn's Comission to Sam" Carpenter & John Good- son, or anie of them, to be his assistant ; THen the Late Queen's Let- ter of y* 21" of August, 1694, appointing eightie men, with their offi- cers, or the value of the chairges of maintaining the same, to be the measure of the assistance to be given by this province & countrie of newcastlefor the defence & securitie of the province of Newyork, Re- quiring & Comanding o' proprietor, upon applicaon of the Go' & Co- mand' in Chief ofthe province of Newyork, to send y° same. THen His Excellie Benj" Fletcher, the Go' of Newyork, his Letter to Go' Markham of the 15"' of Aprill, 1695, demanding from this province the sd 80 men & their officers, w' arms, amunition, & pay for one year, to be att Albanic the 1'' of May then next ensuing, or as soon as possible may be. Then his sd Excellies other Letter of 1-"" June, 1695, then applying himself to Go' Markham for the sd Quota of 80 men w' y' proper officers, or that the value of the chairges for main- taining them be provided & sent to Newyork y° 1'' of Aug' then next, in obedience to the Comands of her Late Matie. Then his Excellies other of 3'' 7br., 1695, Renuing his applicaon to Go' Markham for y' above assistance in men or monie, with a copie of the mohaques pro- posions. And then wer read the propositions made by ten of the principall Sachims of the Mohaques Countrie to Go' fletcher, in the Court house of Albanic, y° 28"" of Aug', 1695. And y" y° Go' said: " Gentl., I thought it necessarieto cause the above papers to be read, -' as the foundation & beginning of yo' prceedings. I made a speech '■'■ to the Councill yesterday which they shall have, and they will Re- " solve into a Comittee of the whole house to consider yrof ; & M' " Speaker, I desire you to doe the same, y' you may meet together & •" give yo' best concurrent advices in ord' to answer my sd speech." 456 MINUTES OF THE Ordered, That the whole members of Councill doe Resolve into a grand Comittee of the whole house to Join a grand Comittec of the whole members of Assemblie, to consider of an answer to the Go" speech, att 3 post meridiem, And to make report to-morrow morn- ing. Adjourned to ^ Sepf, 1695. [11«' Sept', 1695. Att a Councill Held att Philadelphia die Mercury, 11* of Septemb', 1695. WM. MARKHAM, Esq', Governo' und' Wm. penn. Esq', and all the members, ut supra, except Wm. Biles. The Committee to whom the consideraon of an ans' to the Go" Speech was comitted. Reported That the Go'^ speech to the Councill Having been read to the Assemblie, They did upon the vote putt, agree That they might proceed to Legislaon wtout promulgaon of bills, (as* wasusuallby the Late Charter,) Considering the present cmergencie. They also did upon the vote putt, agree that the power of preparing & proposing bills to be past into Laws may be in the Councill as well as in the Assemblie, (while both are the people's choice.) They did also agree that the Go' be i-cquested to appoint a Comittee of Councill to meet a Comittee of the assemblie. To Consider of an answer to the Queen's Letter, & an act of settlement. THe Governo' did accordinglie appoint two members of each Coun- tie. Viz : ^am" Carpenter, Sam" Richardson, Joseph Growdon, phinehas pemberton, David Lloyd, Caleb pussey, Jn" donaldson, Richd HaUiwell, John Brinkloe, Griffith Jones, Wn:. Clark & Tho. pemberton, to Join a Committee of the Like number of y' members of assemblie, to Consider of an ans' to tho Queen's Letter, And his Ex- cellie Go' Fletcher's demands therupon, & of an act of settlement, to meet at two of the (Mock in the afternoon. [19'\Sept',1695. Att a Councill Held att Philadelphia die Jovis, 19'" Septcmb', 1695. tresent: WM. MARKHAM, esq' Governo' und' Wm. penn, esq', & ally' mem- bers except Jn" Williams & Jn° Brinklo(.>. The Committee to whom the Consideraon of an answer to the Queen's Letter, & his excellic Go' Fletcher's demands therupon, & of an act of Settlement, was Comitted, Gave in y' report in answer to the Go" speech in writting. Which was read, viz : The report of the Co- mittee of certain members of Council & assemblie in answer to the Go" Speech : PROVINCIAL COUNCIL. 457 " May it please the Governo'. Wee Having dulie Considied thy " sspeeeh delivred us att the opening of this Assemblie the ninth instant, " As also the Late Queen's Letter, dated the 21st of Aug', 1694, '• together w' Coll. Fletcher's applicaons for the Quota ap[)ointed by " the sd Queen to be sent from this governm' for the defence of New- " york, and also having perused the minutes & proceedings of the " Councill & assemblie for the two Last years, Wee find that the " Generall Assemblie in the yeare 1693, in Compliance with the " Queen's former Letter, soe farr as the religious psuasion of the " major part of them could admitt, did Humblie psent king Wm. & " Queen Marie with an assessment of monie upon all estates wtin the " sd province &; territories for support of this governm', winch sd " assessm' amounting to about 7601b. this Countrie monie. The nett " produce wherof being Computed upon the then Councill book to " bo about 5001b. st. The greatest part of which wee understand, is "gathered &, sent to newyork by ord' of Coll. fflctcher, ^V'ho having " soe much regard to the tender Consciences of such as might scruple " the giving of monie to support warr, did declare before anie assess- " ment was agreed on, that what monie should be raised here for " support of governm', should not be dipt in blood, (as hce was pleased " to phrase it,) which hee afterwards explained upon scverall occa- *' sions, & pticularlie in his speech to the assemblie in the yeare 1694, " wherein hee expressed in these words, viz: Gentl. I consider vo' " principles that you will not Cai'ie armes nor Levie monie to make " warr, tho' for yo"" owne defence, yet I hope you will not refuse to '• feed the hungric and & cloath the naked; my meaning is to sup- '■'• pile those Indian nations w' such necessaries as may Influence ym '• to a Continouance of y'' friendshipp to these provinces. Thcrfore, " It is the Opinion of this Committee, that all the monie alreadie " raised, or att this time intended to be raised for support of governm', " & not expresslie appointed for anie other pticular use, ought to be " deemed & taken in stead of the assistance required from this go- " vernm', the same being in ans' to the Queen's Letters, soe farr as " in Conscience & abilitie wee can Compile therwith. And that the " same may be appropriated accordinglie, as the Go% or his deputie '■ for the time being, shall see meet." THe Governo"" then told ym, " that if that narrative of what they " had done in 1G93, relating to the Late Queen's first Letter, might " be serviceable to ym, hee should be satisfied yrwt, and yrfor desired " as they had begun, soe they wold proceed to give an eu'ectuall " answer yrto, & to His Excellie Go' Fletcher's demands yron, by '■ raising of monie." THen all the members Unanimouslie declared, that it was their design to raise monie for the king, To be made use of as hee pleased. The sd Comittee also gave in y'' Report relating to an act of set- tlement in writting, which was also read. THen the Governo' told them " that what they had heard read was " but Reports of a Comittee, both of members of Councill &> assem- " blie, & yr.fore, It was necessarie y' y' whole membei's of Councill 458 MINUTES OF THE "should signifie ther acquiescence yrwith. "NVherupon the Go' putt " this Vote: all you Ccntl. that acquiesce witii the two reports now <' read, stand up & say YEA, all you y' doe not acquiesce therwith " stand up 6l say NAY." .Caried in the affirmative. Theralter the Go' Ordered Joseph Growdcn, Sam" Richardson, david Lloyd, Rich'' Halliwell, Griffith Jones, &, Wm. Clarke, to pre- sent the said two Reports to the assemble for their acquiescence, and after they had done the same, lice, the Go', wold make such observa- ons theron as hec should think fitt. Adjourned to the 20"" instant. [SO^Septemb', 1695. Att a Councill Held att Philadelphia die Veneris, 20"' of Scptemb', 1G95. present: WM. MARKHAM, Esq'. Govcrno' und' Wm.Pcnn,Esq', &c.,& all the members except Anthony Morris, John Williams, & John Brinkloe. The members who wer ordered to present the sd two Reports to the Asscmblie for their acquiescence, made report that they had delivred the sd two reports to the asscmblie, v.ho ansred they wold Consider the same. Ordered, that Sam" Richardson & Wm. Clarke goe to the asscm- blie & acquaint them That the Governo' & Councill doe waite for them. John Blunston, James Fox, Wm. Rodency &: Edw'' Gibbs brought from the asscmblie y^ sd two Reports, & told the Go' & Councill that they acquiesced y'with. With some few amendments. Theraftcr the Gor. Caused the sd two reports. The one relating (o the Queen's Letter, & the other relating to the act of settlement, to be read,ag' v/hich act of settlement The Go' made objections to sevcrail j'aragraphs therof. Ordered that the whole m.embers of Councill doe Resolve into a grand Committee of y" whole house, to join a Grand Committee of the whole members of asseajblie, to Consider further of proceeding eti'ect- uallie to ans' the Late Queen's Letter, By drawing up a bill for raising of monie to answer y° same, & his Excellie Governo' Fletch- er's demands therupon. And by drawing up another Bill for the ac' of settlement. [27'" Septemb', 169.5. Att a Councill Held att Philadelphia die Veneris, 27 ^ of Septemb', 1C95. PRESEiVT : WM. MARKHAM, Esq'., Governo' und' Wm. penn,esq'. John Good- son assistant, & all y" members of Councill, And all y' members of Asscmblie except Nicholas Wallne Si, John Betts, sick, and daniell Brown, dead. PROVINCIAL COUNCIL. 459 " The Committee to whom the Consideraon of the Late Queen's " Letter, B}"" drawing a bill for jaising of monie to ans the same, & " his Excellie Governo"' Fletcher's demands ynipon, and the act of " Settlement, made Report, That thcj^ had drawen up the said Bills " which had been y'' day before sent to the Governo'' by foure mem- " hers of Councill for his perusali. THen the (joverno'' said : " Gentl, I yesterday Received from you " two bills ; The one entitled an act for raising One pennie p. pound " & Six Shillings p. head on such as are not otherwise rated y'by, " towards the support of governnV, wherein you propose to give 2501b. " for support of governm' & 3001b. to mee towards my services, and " the Surplusage for defraying the debts of the governm'. The other " an act of settlement. " If you Gentl, the members of Councill & assemblie, are satis- " fied with those bills as they are. They need not be read over again- *' But if you, or anie of you, are not, He order the reading of them."" Wherupon the members of both Councill &. assemblie did declare themselves Satisfied w' ym, & y' they needed not be read over again. THea the Governo"" said : " Gentl, You have delivred mee these " two bills together, as if you meant to tack ym soe the one to the " other, as that I must pass both or neither. Gentl, you know I " allwise Recommended to you the cftectuall Consideraon of, 6c ans'' " to her Late maties Letter, & his Excellie Go'' Fletcher's demands " yrupon; This was the prime & principall (if not the onlie) occa- " sion of my calling & of yo' coming together att this time, (for wee " formerlie had Laws enough, & men enough to execute them.) " You have indeed in some manner Considred it. But as you have " brought these two bills together, it wold seem you wold have ym " past together. But Gentl, To be plain & above board with you,. " If you'll first pass the monie Bill, designed (as you say) to ans"" the " Queen's Letter, in what manner & und' what title you please, He " give sanction to it, Leaving the bill about the act of settlement to a " further debate. Gentl, In the monie Bill you have Considered mee, " and I as much thank you as if I had received yo'' offerr ; But I " desire to be totallie left outt of it, rather than the Late Queen's " Letter should remain unanswered. And I assure you Gentl, I shall " not assent to the passing of anie bill or bills whatsoever till that bo " past first." Then a member of Councill Spake to this effect: that in the par- liament of England the people had allwise their priviledges granted to them befor they gave anie monie, & y' the monie bill used to be the last ; the other four Counties to choose for PROVINCIAL COUNCIL. 468 each of them three persons to serve in Assembly, to meet the 26"' day of the sd mo. Which the secrie accordingly did. Adjourned to 26"" of Octob' next. [26* Octob% 1696. Att a Council Held att Philadelphia die Lunce, 26'" Octob', 1696. present: WILLIAM MARKHAM Esq'. Governo', &c. Edward Shippen, david Lloyd, John Hill, Anthony Morris, John Brinkloe, pat. Robinson. John donaldson took the usual oathes, &,c., & Subt the test. Wm. Clarke did subscribe the declaraon of fidelitie, profession of the Christian faith & the test, & both promised fidelitie to Wm. penn & secrisie in debate, & took their places att the board. Therafter John Goodson, who had been by Comission from the proprietor appointed assistant to Go' Markham, Came into Council and desired of the Governo' to be acquitted of his assistanceshipp, To which the Governo'. acquiesced. In respect all the members of assembly wer not come to town, the Governo' adjourned the Council to three in the afternoon. Adjourned to 3 in the afternoon. [28'" OctoV, 1696. Att a Council Held att Philadelphia die Mercury, 28* October, 1696. Hora tertia, post meridiem. present: WM. MARKHA]\I, Esq'. Governo', &c. Edward Shippen, John Brinckloe, John Hill, Anthony Morris, Jn" donaldson, Jasper Yeates, David Lloyd, AVilliam Clarke, pat. Robinson. Upon the memorial of the Honble Andrew Hamilton, Esq'. Go' of the Jersies, & post master generall, &c. to the Go' & Council, Setting forth that it was formerlie with great difficultie that the post could goe to Philadelphia by Land, to the great inconveniencie of Corres- pondence &> trade. And y' for remedie whereof, &, accomodaon of Travellers, a ferry had been erected on Jersie side att a great chairge, but that the way was not yet returned from the Landing on pennsil- vania side to the king's road, w"' is about three Quarters of a mile & easily cleared ; And therfore, Requesting the Governo' & Coun- cil to approve the said road, and give the necessarie orders for clear- ing it. 464 MINUTES OF THE Ordered, that a warrant! be directed from the Governo' to Thomas ffairman, Surveyor, To lay outt the king's road from dunck William's Landing, (the nearest & most convenient y' may be had, &, Least prejudicial to the Lands and improvments of the nighbourhood,) Into the king's great road that Leads to Philadelphia, and that a Return in words, of the Courses & protracted figure therof, be made Into the Secries office, in order to be filed & recorded there, as a finall Confirmaon therof. And that the Justices of the peace for the Coun- ty of Bucks, be by the Governo' requested to order the overseers of y* Highways in that County to make good & clear the same w' all expedion. [29"^ Octob', 1696. Att a Councill Held att Philadelphia die Jovis, 29'" October, 1696. PKESEJfX: WILLIAM MARKHAM, Esq'., Governo', &c., et ysdem ut supra, 6z:c. Upon the petion of divers Inhabitants of the Town of Philadelphia, to the Go' & Council, Requesting them to grant an order for the Lay- ing outt a sufficient Road, the nearest & best that may be had from the Lowermost ferry upon Skuilkill, Comonlie called Benjamin Chambers' ferry. Into the Town of Philadelphia. Ordered, That a warrant be directed from the Governo' to Thomas fTairman, Surveyor, to Lay outt the king's road from the sd ferry, the nearest, best & most convenient that may be had, & Least prejudi- cial to the Lands & Improvments of the nighbourhood, To Come into the southermost street of the town of Philadelphia, & which street runns from delaware river to the Skuilkill, And that a return in words, of the Courses & protracted figure therof be made into the Se- cries office, In ord' to be filed and Recorded there, as a final Con- firmaon thereof. Upon the petion of diverse Inhabitants of y^ sd town of Philadel- phia to the Go' & Council, Requesting ym to grant an Ord' ibr Lay- ing outt a sufficient road from the north side of the sd ferry, the nearest & must convenient that may be had. To Hertford towne. Ordered, that a v/arr' be directed from the Governo' to Thomas ffairman. Surveyor, to Lay outt a Road from the west side of the sd ferry, to goe as farr in the road that leads to Darby as may be, and from thence the nearest, best and most convenient that may be had, & Least prejudicial to the Lands & Improvments of the nighbour- hood to the town of Hertford ; and that a return in words, of the Courses & protracted figure therof, be made Into the secries office, In order to be filed & recorded there as a final Confirmaon thereof. Upon reading the petion of Thomas Hollingsworth to the Governo' and Council, Requesting ym to grant an ord' for Laying outt a Road from New worke, in Newcastle Countie, To Jn° Bucklies', Oliver PROVINCIAL COUNCIL. 465 Copes', Jn" preus', Jn° Clowds', VVm. Rossen, Naaman's Creek, and thence to Hans Justice's, & so to the king's road in Chester Countie. And to grant another road from Jeremiah Clouds' in Newcastle coun- ty, to John Bucklies, & from thence to delaware river. Ordered, that a warrant be directed from the Governo' To Thomas pierson, surveyor, to Lay outt the sd Roads the nearest and most convenient that may be had, & Least prejudicial to the Lands & Improvments of the nighbourhood, and that a Return in words, of the Courses & protracted figures of the same be made Into the secries office. In ord' to be filed & Recorded there as a final Confirmaon thereof. [Oxford petion for Two Roads & a Branch, &c. Upon reading the petion of the nighbourhood and adjacent Inhabi- tants of Oxford Towneshipp, in the Countie of philadelphia. Request- ing the Governo'' & Council to settle upon ym & the publick, two roads, & a branch of a road : The first beginning att a white Oak, neer the bridge over Thomas p'sons water mill race, and thence to the Bristol! Townshipp, according to the Return of the Courses thereof to the sd petion annext, and protracted figure of the same. The second Beginning att Richard Dungworth's mill, Leading to Thomas pson's grist mill. Lying & being att Franckford, according to the Return of the Courses thereof & protracted figure of the same, to the sd petion also annext. As also, a Branch of the said Road beginning att a white Oak, in Rich"* Buzbies Land, neer Jn" Wells' Log-house, Leading to the extent of the bounds of Oxford townshipp, according to the Return of the courses therof & protracted figure of the same, to the sd petion also annext. [Answered. Resolved, That the sd two roads & branches of a road. Bounded as is particularlie mentioned in the Returns thereof made by John Har- per, surveyor, & who surveyed the same by the Consent, approbaon & with the assistance of the nighbourhood. Be, and shall hereafter be Reputed and taken for the sd roads & branch, And that the Secries Recording of the sd returns thereof, & fileing up the same, & the pro- tracted figures therof, shall be a final Confirmation of the said two roads & branch. Adjourned to 3V' instant. Att a Council Held att philadelphia Die Saturni, 31" October, 1696. PRESENT : WILLIAM MARKHAM, Esq'., Governo^ &c. Edward Shippen, William Clarke, John Hill, Anthony Morris, John Brinckloe, pat. Robinson. David Lloyd, Upon Reading the petion of Sam" Atkins against Edmond dutton, 466 MINUTES OF THE Ordered that att or before the first day of decemb' next, the petition', Sam" Atkins, pay to the sd Edmond Button, the sum of Twelve pounds, Silver monie, as was awarded him, with all the Legal charges that have accrued upon the suits upon the bonds of arbitraon, both alt the Countie & provincial Courts, and that the same soe paid, be in full satisfacon to the sd Edmond Dutton, of all sum & sums of monie due to the sd Edmond by reason of the sd arbitraon, bond, Judgment and execuon following thereupon, and that after paym' of the sd sum & charges, as aforesaid, an ord' from the Go% to be directed to the sheriff of the Countie of Philadelphia, To make resti- luon to the petitioner of all goods, chattells, Letts, Lands & Tene- ments that hee has taken in execuon upon the sd Judgmts ; Because the sd execuon did Improvidently Issue forth. [Record of The Road from Tho. Parsons' water bridge Race to Oxford, in Oxford Creek, behind Dan" Street's house. THe ninth of the Eighth moneth, 1695. THe observations and mensurations then taken in a Road between Thomas parsons' water Race bridge, and the ford in Oxford Creek, behind Daniel Streets' House, by mee actually measured. Then Hav- ing in Company the Inhabitants of the aforesaid Townshipp ; Begin- ning att a white oak neer the said parsons' water Race bridge, North- west thirteen degrees, twenty-two pearches; Thence north west Twenty degrees. Sixty pearches; Thence north-east Twenty-five degrees, fifty-two pearches ; Thence north-west Twelve degrees, fif- teen minuts, fourty pearches; Thence north-west seven degrees, Twenty-four pearches ; Thence north-east fourty-three degrees, fif- teen minuts, ten pearches; Thence north-east Sixty-seven degrees, thirty minutes, Sixtie-eight pearches ; Thence north-east fourty-one degrees. Twenty minutes. Seventeen pearches ; Thence north-west ten degrees, eight pearches ; Thence north-west Twenty-Seven degrees. Thirty minutes, one Hundred & Twelve pearches ; Then north-west fifty-Six degrees, Thirty minutes, thirty-four pearches; Thence north- west fourty-one degrees, fifteen minutes, fifty-two pearches ; Thence north-west Twenty-nine degrees, fourty-nine pearches ; Thence north- west thirty-eight degrees, fifteen minutes. Seventy pearches ; Thence north-west fifteen degrees, fifteen minutes. One Hundred & fourty pearches ; p. me, JOHN HARPER, Junior. [Record of The Road from Richd Dungworth's mill To Tho. par- sons' grist mill. The ninth day of the Eight moneth, 1695. THe observaons «fc men- suraons then taken in a Road, Between Richard Dungworth's mill & the king's Road, by me actually measured, then Having in Company the Inhabitants of the oxford Townshipp, Beginning att the said mill South-east six degrees. Twenty -eight pearches ; Thence south-east fiftie-five degrees, ninteen pearches ; Thence south-east thirteen de- grees, eighty pearches & ten links ; Thence south-east thirty-six degrees. Twenty-nine pearches; Thence south-east fifteen degrees, thirty pearches ; Thence south-west six degrees. Twenty pearches ; PROVINCIAL COUNCIL. 467 Thence south-east five degrees, Seventy-two pearches ; Thence south- west eight degrees, fifteen minutes, fiftie-eight pearches ; Thence south-east Twenty-six degrees, ten minutes, seventy-foure pearches; Thence south fourty pearches; Thence south-west twenty-four de- grees, fifty minutes, fourty-foure pearches ; Thence south-east nine degrees, fourty-four pearches; Thence south-east fifly-four degrees, twenty-eight pearches ; Then south-east twenty -three degrees, eigh- teen pearches ; Thence south-west three degrees, thirty pearches ; Thence south-west ninteen degrees, seventy-eight pearches ; Thence south-east eleven degrees, thirty minutes, seventy-Two pearches ; I'hence south-west Twenty-eight degrees, thirty minutes, Twentie- four pearches ; Thence south-west Two degrees, One Hundred and Twelve pearches ; THe king's Road South-west fourty-five degrees. [Record of A Branch out of said Road. As also a Branch out of the Road aforesaid, Beginning at a white oak in Richard Buzby's Land; Thence north-east thirty-four degrees, seventy-two pearches; Thence north-east Ten degrees, fiifty minutes, thirty-five pearches ; Thence north-east Twenty-three degrees, four- six pearches ; Thence north-east three degrees, ten minutes, fifty-nine pearches; Thence north-east ten degrees, thirty-five minutes, ninty-six pearches ; Thence north-cast thirtie-thrce degrees, fifty-five minutes, fifty-six pearches; p. me, JOHN HARPER, Junior. [Record of the Road from dunken Williams' Landing To The old king's Road. By virtue of the Governor's speciall warrant, bearing date y° 28* day of October, 1696, to mee directed, psuant to an order of the Governo'' & Council, granted upon the applicaon of Andrew Hamil- ton, esq^ Governo'' of y" Jersies & post m' generall, I Have surveyed (Sj Laid outt the king's roade from y" Landing of dunken Williams, on delaware, in the Countie of Bucks & province of pennsilvania. Beginning there at a Spanish oak att High water mark ; thence sixtic foot broad, extending North North-west on each side the Line, divi- ding betwixt the Land of the sd duncken Williams & Nathaniel Hard- ing, Two Hundred pearches; Thence in the sd duncken's Land, north eightie-One degrees, westerlie fourtie pearches ; Thence north sixtie- Ibure degrees, westerly sixtie-two pearches, Unto the old king's Roade which Leads to Philadelphia, & Hath been ancientlie Surveyed' & Returned. The Janry, 1696, p. me, THO. FF AIRMAN, Survey^ Province of Pe>"xsilva>'ia & Territories. ■Minutes of Council in the Assembly, Anno R. R. Gulielini, Tetj nunc Anglite, &c. Octavo. [26'" October, 1696. Att a Councill Held att Philadelphia Die Luna?, Se** OctoV, 1696, hora tertia post meridiem. 468 MINUTES OF THE WM. MARKHAM, Esq'.. Governo' under Wm. penn, Esq'. Aic. Edward Shippcn, Jasper Yeates, Wm. Clarke, Anthony Morris, John Hill, J no. Donaldson, David Lloyd, John Brinckloe, pat. Robinson. The Representatives Returned to serve in Assembly, by Sam" Richardson & Wm. Rodene}^, acquainted the Governo' that they wer readie to make their appearance, who told them that hee waited for them. After some time Sam" Richardson, James Fox & Nicholas Walne, (Sam" Carpenter absent,) for the Countie of Philadelphia ; Wm. Biles, Joshua Hoops & Wm. paxton for the Counlio of Bucks ; John Sim- cocke, Jn" Blumston & Caleb pussey for the Countie of Chester ; John Hussey, Cornelius Empson and George Hogg for tlie Countie of Newcastle; Wm. Morton, (Richd Willson absent,) for the Countie of kent, (Thomas pemberton & Roger Corbet for the Countie of Sus- sex, absent.) All those present did subscribe the declaraon of fideli- tie & profession of the Christian beleife &." the Test. Adam peterson for Newcastle, Wm. Rodeney for kent, & Jn° Meirs for Sussex; and took the oathes appointed by act of parlianit to betaken instead of the oathes of allegiance & supremacie, & Subt. the test. The repsen- latives appearing, being thus Qualified, The Governo" said: Gentl., I desire you to goe together & choose yo"" Speaker, & present him to mee to-morrow morning att ten of the Clock. Adjourned to 27"' instant. [27""- Octob', lc96. Att a Council Held att Philadelphia die Martis, 27"" October, 1696. PRESENT : WM. MARKHAM, Esq'. &c. et ysdem ut supra. Cornelius Empson & Wm. Rodeney, from the assembly, told the Governo' that they wer readie to waite upon him ; Who answered that hee & Council had expected them a Long time, & desired they mif^ht come. Who accordinglie came, and presented John Simcocke for their Speaker ; Who having disabled himself, Hee desired the Governo' to Command the assembly to choose another in respect he ■was antient, & that there wer more fitt psons for that trust than hee among the Representatives. To whom the Governo' answerd, that hee was well satisfied in the choice. Then the Governo' said: Gent., The effectuall Consideraon of her Late matjcs Letter was the chief occasion of my calling the last Coun- cil & assembly, and seeing att that time nothing was done to ans'the same, and that the Quota of men, &c. therein cxprest to be given by this province to Newyorke, Hath been often demanded of us by Go- verno' ffletcher, Therfore, I propose it to you now as the first thing PROVINCIAL COUNCIL. 469 to be Considred. The second thing I Recomend to yo' Consideraon is the Securitie & defense of this province & territories, & that the rather, because when his matie was pleased to restore Af penn to his governmt, Hee gave his Matie good assurance that hee wold take care of the governm' of the same, &, would provide for the saftie & secu- ritie therof all that in him Lay ; To Inforcc both which, the Go' desired the Secrie to read his matjes Lrcs patents unde' the great seal of Eng- land, restoring M' penn to his governmt & her Late matjes Letter : which hee did, & delivred Copies of both to the assembly for their greater ease & satisfaction Adjourned to 28"' instant. [28'" Octob% 1696. Att a Council Held att Philadelphia die Mercury, 28* October, 1696. present: WILLIAM MARKHAM, Esq', Governo' &c. et ysdera ut supra, except .In" Donaldson — sick att philad. The Governo'' told the Council that Hee had received His Excellie Go' ffletcher's speech to the assembly of newyorke, dated 16* instant, which had some relaon to the first thing by him recommended to the assembly, viz : The Consideraon of the Late Queen's Lett' for the Quota to be sent by this province to Newyork, and askt the advice of the Council, whether to Lay it before the Assembly. The Council advised him to lay it before them. Adjourned to 3 post meridiem. POST MERID. Att a Council Held att Philadelphia, Hora tertia post meridiem. present: WM. MARKHAM, Esq'. Governo', &c.,et ysdem ut antea, except ut antea. The Governo' Ordered Wm. Clarke & pat. Robinson to acquaint the Assembly to aitend him forthwith, which they two accordinglie performed, & told the Governo' they wold wait upon him. M' Speak- er &, the members of Assembly appearing. The Go' said : " Gentl, You may Remember that the 27'" instant " I recomended to vou the effectual Consideraon of the late Queen s " Lett', & his Excellie the Go' of newyorke, his demands of tlie Quoto •' therin mentioned, to be sent for the assistance of newyork from this " province. Since which, I have received the sd Go' ffletcher's speech " to the assembly of newyorke, dated the 16'" instant, which had some 40 470 MINUTES OF THE " relation to that matter, which I give you, that thereby you may " see the pressures of that province, & the great occasion they Have "of men & monio, & of food & rayment,to be given to those nations " of Indians that Have LatcHc suffered cxtreamlie by the French, " which is a fair opportunitie for you (y" for Conscience cannot Con- " tribute to warr) to raise monie for that occasion, be it und' the " Colour of support of governm', or of rehefe of those Indians, or " what else you may call it. The Speaker said they wold Consider " of it." Adjourned to 30* instant. [SO'^Octob', 169G. Att a Council Held att Philadelphia die Veneris, 30* OetobS 1696. , present: WM. MARKHAM, EsqS Governo'", &c. Edward Shippen, Jn" Brinckloe, John Hill, & Antho. Morris, Wm. Clark, pat. Robinson. David Lloyd, The Go' acquainted the Council that yesterday Hee had received a Letf from his Excelly Go' flletcher, of Newyork, demanding the Quota assigned for this province 6s newcastle ; which hee caused the Secrie to read, and then ask the advice of the Council, whether to send for the assembly & comunicate the same to them. The Coun- cil advised him so to do. Ordered, that John Hill & Jn° Brinckloe acquaint the assembly to attend y^ Go' forthwith. Who reported that the Assembly wold wait upon him speedilie. Then the assembly desired admittance, and wer accordingly admitted. Then the Governo' said : " M'' Speaker & you Gentl. of the asscm- " bly, you are a verie silent & close Assembly, which I believe pro- " ceeds from some jealousies you may have that I intend to take away "• yo' Charter. M' Goodson relinquished his assistanceshipp to me, " that Arthur Cook might take it up, by presenting to mee a Comis- " sion from the proprietor to me, which hee had keept hid from mee " these 18 mo's past, &. w"^*" authorized me to act according to Law& " Charter, & by another to Sam" Jennings & Arthur Cook, to be my " assistants, which they also keept hid from mee the Like time. " Gentl, After the proprietor had his Governm' restored to him, I was " of opinion that his Charter to you was in force, and I then called " you together according to it, (except in the day,) & endeavored to " putt the governm' in that frame it was in before it was taken from "him,& no man more asserted the powers of the Charter than I did, " and am still readie to doe ; But the then Representatives wer ot " opinion that it Could not be Reassumed but by a Legislative authorilie, PROVINCIAL COUNCIL. 471 " which was a thing of too great moment for mee to have done " wtout advice from the proprietor, who gave the Charter; and since '•• att that time you owned not yo'sclves to a provincial Chartcral " Councill, It Avas then in my power to dissolve you, which I did. " Gentl, no man ever heard mec say that the Charter was void, & " no man stood more for the defence of it than myself. And had " that^Comission v/hich M' Cook now presents to mee from the proprie- " tor, which authorizes mee to act by Law & Charter, been the first " presented to mee, I could not even by it, have acted more Chartcr- " allie than I did by that by which I then & now act, which authori- " zes mee to act according to the Laws & Usages. And since you " say that the Charter cannot be put into act& motion wtout a Legis- '• lative authoritie, If I had power or Instructions from the proprietor " to doe it I wold most willinglie ; Rut yet for all that, care must ho " taken ifor the governm', and if by Charter I can doe nothing by the " king's Letters patents, I must, seeing the emergencie of alfairs, call " for it with all dispatch. Gentl, If there be any thing you wold " have mo do that may secure anie right or claime you have in Law "or equitie to that Charter, or anie part of it, (besids putting it in " force wtout the proprietor,) Fie olTcrr that nothing you doe this " sessions shall be any manner of way prejudicial to yo' claime or " right to the same. " Gentl, Its above 12 mo's since I called an Assembly, & indeed " I was backward to call one, knowing how fond you wer of the " Charter, Hoping to Have Heard from the proprietor ; but now the " emergencies being such that I could no Longer delay the caUing " you, I have now called you according to the king's Lres patents to " M' penn, & as neer as I can according to the Customs of the nigh- " bouring provinces. Gentl, yesterday I received a Letf from his " Excellie Go' ffletcher, demanding o' Quota, &c." Which the Go"^ ordered the Secrie to read, w'"' was done, &, delivred to the assemblie for their Consideraon. Then the Speaker of the Assemblie presented to the Governo' a paper of this tenor, viz : " To the Governo' & Council. Whcras, the Go" has been pleased " to conveen us by his writts, tho' not in the form of Charter, as wee " could desire, Wee have obeyed the same & considred what he has " laid before us, "Viz : an ans' to the Late Queen's Letter, & o' pro- " prietor's promise upon his restoration to his governt. And wee are " heartilie & Unanimouslie willing &, ready to perform o"" duties " therein so farr as in us Lyes, If the Go'' wold be pleased to settle " us in o' former Constituon enjoyed by us before this govermt was " comitted to Go' fUetcher's trust. Siiined by order of the assemblie. JOHNSlSlCOCKE, Speaker." Then the Go"" said : "Gentl., What I have said to you but now " Contains a sufficient ans' to this message, Soe I need not repeat it " again. And Gentl, you may make what Salvo you please to secure " your Charter, so that nothing that shall now be done shall prejudice "your right & claime to it, and lie consent to it, but I cannot give it " you for want of power." Adjourned to 4 post meridiem. 472 MINUTES OF THE POST MERIDIEM. Att a Council Held att Philadelphia Hora Quarta, post meridiem. i'Resent: WILLIAM MARKHAM, Esq'. Govcrno', &c.et ysdem «t supra. Two members from the assembly acquainted the Governo'' that the assemblic desired a Conference with some of the members of Council, Wherupon the Go' appointed Wm. Clark, David Loyd, John Hill & pat. Robinson, to join a Comittee of the assemblie, In order to Consider what expedient they may find outt to secure to the people their Char- ter, Liberties & priviledges, if the assemblie will att this time raise monie to ans'' the Queen's Letter for the assistance of ncwyorke, and to meet to-morrow morning. Adjourned to 3P' instant. [3P' Octob^ 1696. Att a Council Held att Philadelphia Die Saturni, 3P' Octob', 1696. present: WM. MARKHAM, Esq'., Governo', &c., et ysdem ut Supra. William Clarke (who was Chairman of the sd Comittee) made re- port to the Governo' &; Council in writting, viz : att a Comittee held att Philadelphia the 3P' instant: psent for y*" ('ouncil W. Clark, David Lloyd, Jn^Hill & pat. Robinson; for the assemblie, Cornelius Emp- son, Wm. Biles, Sam" Richardson, Wm. Rodeney, Caleb pussey, Jn° Miers, Jn° Blunston, Samll Carpenter. The matter Comitted to Con- sideraon being, what may be the best expedient to ans' the Queen's Letter & preserve the people's priviledges Considering the Governor's ans-- to the assemblie yesterday. After a full Consideraon & debate therupon, It is the Opinion of the Comittee that money may bo raised to ans' the Queen's Lres, with tills ])roviso : That the Go', att the request of y" assembly, will be i)leascd to pass an act with a salvo to the proprietor & the people, and that hee will also Issue outt his writts for choosing a full num- ber of rcpscntatives on the tenth day of the first mo. next. To serve in provincial! Councill & assemblic, according to Charter, untill the proprietor's pleasure be known therein, and if the proprietor shall disapprove of the same, that then such act shall be void & no wise prejudicial to him nor the people, In relation to the validitie or Inva- liditie of the Charter. And y" sd Wm. Clark further Reported, that the Assemblie have Caried the sd report to the assemblie for their acquiescence to the same. Then the Go' desired pat. Robinson to acquaint the assemblie that the Governo' waits for them, who returned that they wold wait upon him speedily. The assemblie appearing, M' Speaker presented to the Governo' PROVINCIAL COUNCIL. 473 the said Report, with this addition, viz : The assembly having approv- ed of this report, Humbly request the Governo' to Consider the same and Concurr therein. Signed in behalf of the assembly, y' 31" dav of the 8'" mo., 1696. JN" SIMCOCKE, Speaker. ' Adjourned to 3' Novemb', 1696. [3^Novemb% 1696. Att a Council Held att Philadelphia Die Martis, S"* Nov', 1696. PRESENT : WILLIAM MARKHAM, Esq% Governo\ Edward Shippen, Jasper Yeates, John Hill, Anthony Morris, John Brinkloe, pat. Robinson. David Lloyd, Wm. Clarke, The Governor said : Gentl, I here propose to you a frame of go- vernm' much the same w' the Charter, but with some emendaons &; alteraons, which I think to present to y' assembly, & yrfore desired Jn° Hill & Jn" Brinckloe to acquaint them that hee waits for them who return that they will wait on him forthwith. The assemblie appearing, The Go' said : M"" Speaker & you Gentl. of assemblie, I have Considered the Report of the Comittee &, yor acquiescence w' it, have drawn up some heads of a frame of governm' with some emendations & alteraons from y" Charter, w'** I give you, & desire you to Consider of it & draw it up into a bijl, & then I will Consider whether to pass it into an act or not. Adjourned to T'^ 9b', 1696. [7* Novemb', 1696. Att a Council Held att Philadelphia Die Saturni, 7"" Novemb', 1696. present: WM. MARKHAM Esq', Governo', &c., et ysdem ut supra, except Jasper Yeates. The Go' desired pat. Robinson & Jn" Brinckloe to acquaint the assemblie that hee and Council doe wait for ym, who returned y' y* assembly wold wait on him in a verie short time. The Assemblie appearing. The Speaker presented to the Go' five bills which had past their house. The Governor told ym that hee would cause them to be read & Considred. Then the Go' desired the Secrieto read the first bill, which hee did ; it ordered the following title to be prefixed to it, viz : The frame of 40* 474 MINUTES OF THE the govcrnm' of y° province of peqnsilvania & Territories yrunto belonging. As also, ordered tlie two Interlineations in page 2*^ to be delet. And in page 3"^, instead of the words (three years,) to insert the words (Two years ;) and in page 8"', after the words (relating to I he peace,) to insert the word (saftie.) Then the Go' desired the Secric to read the second bill, entitled an act for raising One penny per pound, &c. which hee did, and ordered in page 4"~* the words (support of goverm' and) to be delet ; and ordered the Secrie to Gary them back to y" assembly with the sd amendments, for their perusal. Adjourned to 2 post meridiem. POST MERID. Att a Council held att Philadelphia eodiem die, post merid. present: WM. MARKHAM, Esq'. Governo', &.c. et ysdem ut supra, except ut j supra. The Go'' desired y^ Secrie to read y'' 3'' bill, entitled an act how to raise Countie Levies, which was approved of. As also the 4"" bill, entitled an act for preventing of Hoggs, &c. Running att Large in the town of Chester, wch was approved of. As also y'' 5"" bill, entitled An act for preventing of accidents that may happen by fire in the towns of ])hiladelphia & newcastle, wch was approved of. Then the Go' desired Jn" Hill to acquaint the assemblie y' he waited for ym forthwith. The assembly appeared & psented to y' Go' the first two bills wch ihey past in their house, wt the amendments proposed. Then the Go' Caused y" Secrie read over everie one of y" s-d five bills three times, & to under writ each bill in these words, viz : philad. y" 7"' day of 9br. 1696, this bill being three times read, was assented to by y' Go' & Council, and then hee did pass ym all, one after another, by affixing yrto his hand & Seal of y" province. Then y° Go' ask't y" assembly whether they had prepared any other bills for his assent. Who ansred no. Then the Go' said: GentI, 1 doc dissolve you, & you are hereby dissolved. The end of the 4"' Sessions of Council & Assemblv. PROVINCIAL COUNCIL. 475 [PHILADELPHIA IS'" May, 1697. Alt a Councill Held att Philadelphia die Jovis, 13'^ May, 1697, post merid. PRESENT : WM. MARKHAM, Esq', Governor under Wm. Penn, absolute proprie- tarie of y° province of pennsilvania and the Territories thereunto belonging. Sam" Carpenter, John Simcocke, John Curtis, Edward Shippen, Caleb pussey, Wm. Clark, Joseph Growdon, peter Alriches, Jno. Hill, phineas pemberton, Richd Halliwell, pat. Robinson, Secry. Upon Reading y° petition of peter Gronendyke, desiring an appe&l to the next provincial Court, &c.,& full debate yron. It being by the Governo'' put to the vote whether the sd petion ought to be granted ; It was caried in y^ negative, nemine contradicente. Adjourned to IS* May instant. [15''"' May, 1697. Att a Council Held att Philadelphia die Sabbatti, A. M. 15* May, 1697. PRESENT : WM. MARKHAM, Governo', und' Wm. Penn, &c., et ysdemut antea> except peter Alriches. Sam" Atkins petion ag' Edmond Button, Requesting the Governo' & Council again to order y" said Button to receive from him y*" 121b. yrin mentned & charges, that hee may be eased from His Unreason- able demands & vexatious proceedings, & that his estate may not be any longer Incumbred & may have Libertie to Leass or sell y' same, was read. Ordered, That the Secrie give the sd Edmond Button a Copie of the sd petion, and that Hee be summoned to appear bcfor the Governo'' & Council, To make answer to the same. Adjourned to y" 20"' May instant. [20"" May, 1697. Att a Council Hc^d att Philadelphia die Jovis, A. M. 20"" May, 1697. present: WM. MARKHAM, esq. Governo'' und' Wm. penn, &c., et ysdem ut antea, except ut supra. The petion of Rob' Chinton, Edmund Lassey & peter Clauson 476 MINUTES OF THE being read, setting forth That they wer Comitted Closs prisoners for suspition of piracie &L felonie, wherof they wer not guiitie, & yrfor desired Releasment, or that bail might be taken for their appearance. Ordered, that Robt. Snead appear before the Governo' & Council to-morrow morning, & bring with him his Informaon ag' the peti- tioners. Upon reading the petion of y* Repsentatives for the Countie of kent, Setting forth THat Richard Willson & Wm. Morton, to whom the care of purchasing a piece of Land & building a Court-house for y° sd Countie att the Head of Jones's Creek, was by the grand Jurie of the said Countie Committed, who have purchased the Land, but denie to be anie further concerned yrin ; And therfore, desiring that some other persons that are willing to Compleat such a building, may be appointed, And that the sd Richard Willson & Wm. Morton, Render a just accompt of what they have Received, and how they have dis- posed the same, &c. Ordered, THat the next Countie Court for the said Countie doe appoint two other psons to build the said House, and that the sd Willson &L Morton do forthwith accompt with & pay to the said Court, in behalf of y' Countie, what they have received ; And if they Refuse, that the sd Countie Court doe make Return of their Contempt to the Governo' and Council. Adjourned to the 21'' instant. [•2P' May, 1697. Att a Council Held att Philadelphia Die Veneris, A. M. 21" May, 1697. present: WM. MARKHAM, esq^, Governo'" under Wm. penn, &c., et ysdem ut antea, Except peter Alriches. Robert Snead appeared before y' Governo' &; Councill, who ask't him for his Informaon agt Robt. Chinton, &c. Hee answered that hee had no Informaon nor the proclamaon, but said that hee had sent for y° proclamaon ag' Averie als. Bridgman, and that hee wold no other- wise prosecute the sd Rob' Chinton then as a justice of the peace, & that the attornie generall would prosecute, & y' when the petioners Came to their triall, Hee would exhibit an Informaon ag' ym. The petion of the Repsentatives for Bucks Countie being read. Setting forth their want of a Convenient Roade from y' Countie of Bucks to Philadelphia, & a roade to the ferry att dunken Williams', In manner vrin mentioned. And yrfor Requesting the sd roads to be Laid outt accordinglie ; Ordered, That the sd Roads be Laid outt with the Consent of y° nighbourhood, And that a warrantt be direct- ed to phineas pemberton, Surveyo' for Laying outt the same accord- inglie. PROVINCIAL COUNCIL 477 Upon reading the petion of Mary keys, widdow, Relict &, adm'rix of Richard keys, deceased, setting forth That his psonal estate amounts but to 1421b. 15s. as p. Inventarie, and that shee stands Indebted to severall persons in y' sum of 19 lib. 7s. that is alreadie Come to Her knowledge, and fears more debts yet unknown may come upon her, &■ finds no bodie indebted to her ; Wherby it appears that the sd movable estate will not by farr amount to the paymt of her debts that already appear, farr Less to educate & maintain her their seve- ral names & bearings, to be further Confirmed by the Governo'' and Council. Ordered, That Jn° White be licensed to have a seal to seal Liquid and dry measures, according to the sd petion. Ordered, that a Road be Laid outt from the passage over port- quessing Creek to Neshamine Creek, att Joseph Growdon's Landing, in the Land hee Latelie bought of Thomas flairman, & from thence to Buckingham, and thence to Joseph Chorley's house, and thence to the River side ; and that a ferrie be settled att the aforesaid place att Neshaminee, and another over delaware, agt the house or Lane of| the sd Joseph Chorlev, where the road shall be Laid outt. Ordered, That a bridge in the road over portqucssing Creek, be! forthwith made new by the Countie of Philadelphia &, Bucks, attj their cquall charge. Ordered, that the said Jos. Chorley Have License to keep the ' ferrie over delaware, and Jn" Baldwine over Neshaminee, they giving good securitie to the proprictaric for the performance of their dutie therein. Ordered, That Wm. Biles &c phineas pemberton doe discourse the Inhabitants of West Jersie principallie concerned about Laying outt PROVINCIAL COUNCIL. 481 the road for Nevvyork that side the River, and if possible, to miss mill stone river, or to be Laid outt over it in a convenient &, sate place. [12* June, 1697. Att a Council Held att Philadelphia 12* June, 1697. PRESENT : WM. MARKHAM, Esq'. Governo' under Wm, penn, &c. Sam" Carpenter, Caleb pussey, phineas pemberton. Edward Shippen, The Governo' Having read a Letter from Wm. Stoughton, esq'., Governo' of y' Massachusetts bay in Newengland, dated att Boston, y" 29"" May, 1697, in which was inclosed a Copie of his Maties Lett' to the sd Lt. Go', bearing date from kensington, y° 18° of March, 1696-7, Requesting him to encourage the sending of such provisions, victualls & refreshments, as may be usefuU to his maties Shipps & Land forces in their expedion to New found Land, In order to the recoverie therof from the french, and the sd Wm. Stoughton's Letter, signifying to the Go' their inabilitie to ans' His maties Comands in respect to their scarcitie of provisions, thought it necessarie for His Maties Service to Comunicate y' same to the Governo', not doubting of his readines to encourage the sending of such provisions, victualls & refreshments to New found Land, as may be needful for His Maties shipps 6c Land forces employed upon that expedion. Resolved, That the Governo' Issue his proclamaon Signifying the sd occasion, & yrin to give all encouragement Can be desired by any persons that arc willing to export anie provisions, victualls or refreshments to new found Land, for the expedion aforesaid. Which hee accord- inglie did y'= IZ"* of June, 1697. [1=' October, 1697. Att a Council Held att Philadelphia the 1^' of Octob', 1697. pkesent: WM. MARKHAM, esq', Governo' under Wm. Penn, &c. Sam" Carpenter, Edward Shippen, Caleb pussey, Wm. Clark, John Simcoke, Richd. Halliwell, Upon Reading ofthepetion of Elizabeth Hooton, widdow, & Elinor Whitfield, Her Servant, that they might come to a Speedy trial!, upon a psentment brought ag' them the Last provincial Court, about the death of Charles Goss, THe Governor putt it to the vote whether they had any thing to object ag' their having a specdie triall, or his granting 41 462 MINUTES OF THE a Special Comission for y^same. It was Caried in the negative, ne- mine Contradicente; that is, that they had nothing to object ag' \' same. • Ordered, That the Governo' Issue a Special Commission for the triall of the said Elizabeth Hooton and Helinor Whitfield, her servant. Upon Reading the petion of Robert Webb, for a Rehearing of George plater's ac'on ag' him, att the next Countie Court, or beforthe provincial Court, The said petion after full debate, was rejected. Upon Reading the petion of Thomas Curtis, for Clerk of the mar- ket & Corder of wood, The same was granted him. Then the Governo'' said: Gentl, I Latelie received a Letter from His Excelly Francis Nicholson, Governo"^ of Marie Land, bearing datey" 16'"' of August last. I have forborne making ans'' to it, Until 1 had opportunitie to Comunicate y'^ same to you, in ord' to have yo' advice therein, being equallie Concerned in it with my self: Read it. The Clark reads the direction, viz: To the Right Honble Wm. Mark- ham, &c. att Philadelphia. Tiien the Governo' bid the Clerk read onlie the last paragraph, that being all that concerned ym. The Clerk reads, viz: 1 hear it's reported that I entered Into Sussex Coun- tie (in which I suppose the whor-kills is) with men & horse, &; broke open chests, &c., att which Report I verie much \\onder ; therfore, desire that you would do that piece of Justice as to send mee under yo' hand, what you know in that affair. And I think I ought to have it also from under y" hands of those who arc of the Council of penn- silvania, &;c. And if these two things are denied mee, You must all excuse mee If I esteen! you all cneniies to i FFR. NICHOLSON. After some debate yrupon, It was Resolved ; That seeing the sd Letter was onlie directed to Coll. Wm. Markham, & not to him as Governo% nor to the Council of this province ; Therfor, y" memliers of Council did Humbly otferr it as their opinion to the Governo', That they are und' no obligation to make ans'; But as they have hitherto done justice to all who addrest ymselves to this board for it, so they shall ever Continoue to doe the same. PROVINCE OF PENNSILVANIA AND TERRITORIES. Minutes of Council in the Assembly. Anno Ri. Rs. Guliclmi, Terly nunc Anglite, &c. Novo. [lO"' May, 1697. Att a Council Held at Philadelphia Die Lunae, Anie moridienn, 10'* May, 1697. PROVINCIAL COUNCIL. 483 pkesent: WM. MARKHAM, esq'., Governo"' under Win. Penn, esq'., absolute proprietor ofthe province of peniisilvania, and the Territories there- unto belonging. The sheriff oTthe Countie of Philadelphia his Return of Represen- tatives for Council was produced, whereby it appeared that ther wer elected, Sam" Carpenter & Edward Shippen, who appeared. The SheriiTof the Countie of Bucks His Return of Representatives for Council was produced, wherby it appeared that there wer elected, Joseph Growdon & phineas pemberton. The sd phineas appeared. The SheriiTof the Countie of Chester his Return of repsentatives for Council was produced, qrby it appeared that there were elected Jn" Simcocke & Caleb pussey, who appeared. The said five repsentatives for y° sd three Counties did subscribe the declaraon o^fidelitie, The profession ofthe xtian faith & the test, and took their places alt the board. The sheriff of the Countie ofkent his Return of Repsentatives was produced, qrby it appeared that thcr wer elected GrilTith Jones & Jn° Curtis, who appeared: But being unwilling to be Qualified at that time, they wer desired by the Governo'' to absent for that time. The Sheriff" of the Countie of Sussex His Return of Repsentatives was produced, qrby it appeared that ther wer elected Wm. Clark &- Jn" Hill. VVm Clark subscribed the declaraon, profession & Test, ut supra, & .In" Hill took the oaths appointed by act of parliam' to be taken in sted of the oaths of allegiance & Supremacie, Jonathan Hays, who appeared & subt. the sd declaraon, profession &c the test, ut supra. The Sheriff of the Countie of kent his Return of Repsentatives in Assemblie was produced, qrby it appeared that ther were elected Jn" Walker, Sam" Burberry & Jn° Bradshaw, Who appeared. The Sheriff of the Countie of Sussex His Return of Repsentatives in Assemblie was produced, whereby it appeared that there were elected Luke Watson, Tho. Oldman, (Thomos fieher absent,) and Nehemiah Field, Who appeared. The sd Sam" Burberrie & Tho. Oldman subt. y" sd declaraon & profession, & took the test; The other seven took y*" sd oaths & test. All which members of Assemblie y' wer returned & appeared being thus qualified as above. The Govcrno'' said : Gentl, I desire you to goe together & choose yo"' Speaker, & present him to mee to morrow morning att Nine of the Clock. Adjourned toy' ll"" instant, Hora 9 A. M. [y'" May, 1697. Att a Council Held att Philadelphia Die Martis, A. M. y" ll* May, 1697. PRESENT : WM. MARKHAM, esq'. Governo"' und' Wm. iPenn, &;c. et ysdem ut Supra. James Fox & Jn° Bradshaw two of the Repsentatives for Assembly? acquainted the Governo'' the test, and took His place att the board. The ShcrifF of the Countie of Newcastle His return of Repsentatives for Council was produced, Avhereby it appeared y' there were elected for Council peter Alriches & Richard Halliwcll, who appeared & took y' sd Oathes & the Test : And for Assembly Cornelius Empson, Benj. Gumbly, Jn" Richardson & Jn" Buckley, who appeared & subt. y' aJDOve declaraon, profession & test. Then the sd peter Alriches & Richard Halliwell took their places att the board. Ordered, that Jn" Curtis, returned a repsentative for Council for v Countie of kent, be sent for. Who having Come, the Governo^ said that hee hoped Hee was now willing to be Qualified. The said Jn" Curtis ansred, that the Sheriff of y*^ Countie of Newcastle his Return of Repsentatives being Come, & they being Qualified, Hee was also willing to be Qualified ; Who accordinglie subt. y" sd declaration, pro- fession &, Test, & took his place at the board. And then wer PRESENT : Sam" Carpenter, John Simcocke, John Curtis, FMward Shippen, Caleb pussey, Wm. Clark, Joseph Growdon, peter Alriches, Jn" Hill, phineas pemberton, Richd Halliwell, Pat. Robinson, Secry. Cornelius Empson & Luke Watson, from the Repsentatives of the Assemblie, acquainted the Governo' that they were readie to wait upon him. The Go'' returned y' hee & Council tarryed for them. Then John Blunston, accompanied by all y^ repsentatives for y' province & territories, presented himself to the Governo', acquainting him y' y° repsentatives there psent had chosen Him for y'' Speaker. Who, afier hee had disabled himself by telling y*" Go' that it was a burden too great for him, & yrfor desired wold be pleased to bear with his weakness, as being unacquainted with such affairs. Then y'' Go'' said : Sir, you are their Speaker, & 1 verie well approve of their choice, & its all o"' duties to bear with one another's weaknesses, the best of us all being but inexpert in manie things relating to those affairs. Then the Governo' addressing himself to the repsentatives said: GentI, & you M' Speaker, "You are att this time mett together, not " by virtue of anie writt nor call of mine, but by virtue of a Law made " by yo''selves, or by yo"" repsentatives Last Sessions, & y'for I have " the Less to say to you. I recomend to yo' Consideraon a Letter " which I latelie received from his Excelly Benj'' Fletcher, Go' of " Newyork." Then j' Governo'' desired y° Secrie to read his Letter to him, hearing date y<= 4"' of May, 1697, wherin his Excelly tells him y' Last year they sent in 3001b. pennsilvania monie, which was expen- ded in Contingencies to feed & cloathe y' Indians, for which hee Returns thanks in behalf of y' province. Hee farther says: you know what orders I have for applying for assistance, & upon what condions y"" goverm' was restored to yo' proprietor : yo"" Quota is 80 men, &t 41* 486 MINUTES OF THE the charge for one year will amount to 20001b. &. upwards; that there is now 50 men wanting to Compleat the number of forces I design to be att Albanie, of which 1 do apply to you for 25 men, or a propor- tionable sum of monie, to ans' other charges w' y" Indians, & of pro- curing those men: and then y' Governo' gave it to M"" Speaker for y* Assemblie's Consideration. Cornelius Empson & Sam" Richardson, two members of y* house of rcpsentatives, acquainted y° Governo"' & Council y' y' house Re- quested y' Governo"' to appoint a Comittee of Council to join a Co- mittee of y^ Assembly, to Consider of y' sd Lett'. To whom y' Go' made ans' that hec would. The Governo"' appointed Sam" Carpenter, phineas pemberton, Caleb pussey, Richard Halliwell, Jn° Curtis & Wm. Clark, (being one outt of each County,) a Comittee of Council to join a Comittee of the Assemblie in y" Assemblies room, to Consider of y'^ sd Letf at 3 p. m. & to make report to y° Go' & Council to-morrow morning. Adjourned to l-S"" instant, hora 9 A. M. [13'" May, 1697. Att a Council Held att Philadelphia die Jovis, 13° May, 1697. PRESENT : WM. MARKHAM, esq"'. Governo' under Wm. Penn, &c., et ysdem ut supra. The day before y^ Go' having sent for Griffith Jones to appear att Council, as being Returned a repsentative for Council for kent Countie, Hee this day appeared, & y" sd declaraon, profession & test being otfercd to him, Hee refused to be Qualified, Unles hee wer ad- mitted upon y° old Charter. Wm. Clark, Chairman for y'^ Comittee appointed to Consider of Governo' ffletcher's Lett', made y^ following Report in writting, viz ; Philadelphia, y" 12* of y" S'^mo., 1697. Att a Comittee Consisting of Several members of Council & Assemblie, appointed to Consider of Governo' fletchcr demands of a further assistance to y'' Governm' of Newyork, May y" 4"", 1697; Having read his Letter, & weightilie considered y° same, wee can do no less than acknowledge his & that government's regard & Candor to us, in applying y" 3001b. which hec pleases to mention, sent from this governm' as intended, viz : to feed & cloath the distressed Indians. Onlie this wee wold desire, hee might be given furlher to understand, that y* sd 3001b. was about Six mo's borrowed att Interest, upon y'^ Credit of an act of Assem- blie for raising y° same, & is not yet repaid : Therfore, Considering y" Infancie & pvertie of this governm', which also Lyeth under other considerable debts, Wee do not find wee are capable att psent to raise any more money for y' service, which wee desire o' Go' may accordinglie repsent, with o' readiness to observe y" king's farther Comauds, according to o' religious psuasions & abilities. Signed by ord' of y° Comittee. WM. CLARKE, Chairman. PROVINCIAL COUNCIL. 487 Ordered, That the secrie Carrie y' sd report to y" house of rep- sentatives for y' approbation ; which hee did. James Fox, one of y" repsentatives for y'' assemblie, Returned y" same Indorsed thus, viz : the within report being presented to this House, &; read & Considred, was Unanimouslie approved of. Si2;ned bv Ord' of y* Assemblie. JOHN BLUNSTON, Speaker. Adjourned to 2 p. m. POST MERIDIE. Att a Council Held att Philadelphia die Jovis, 13* May, 1697, P. M. present: VVM. MARKHAM, esq'., Governo'' und' Wm. Penn, &c., et ysdem ut antea. The Governo' Ordered the Secrie to read y^ Law past Anno, 1696, for raising an assessment of One pennie per pound ; which hee did. Ordered that the Secrie Call James Fox, Receiver of y' said tax, to appear before y" Governo'' and Council ; Who appeared. Or- dered that James Fox bring in His accots to this board ; which hee did. Then y" Governo"' appointed Sam" Carpenter, phineas pember- ton, Richard Halliwell, Caleb pussey, John Curtis & Wm. Clark, a Comittee to examine the said Receiver's accots of the sd Tax, Si to make Report thereof to this board. Adjourned to y' 14'^ instant, hora 10 A. M. [14'" May, 1697. Att a Council Held att Philadelphia die Veneris, 14"" May, 1697, A. M. present: WM. MARKHAM, esq'., Governo' und' V/m. Penn, &c., et ysdem ut antea. Wm. Clark, Chairman of y° Committee appointed to examine James Fox, receiver, his accots, & what hee had received of the said tax, made report by an accot in writting. That by his owne accot It ap- peared tliat hee had received in all 356£. lis. lOd, & that severall ofy' Collectors had neither brought in the monies they had Received, nor the duplicats of their precincts, nor y" names of the deficients. Ordered that warrants be Issued from y' Governo', Comanding the Sheriffof Bucks Countie to sumons Jn" Rowland & Francis White, Collectors of Bucks Countie, And to the Sherifi'ofthe Countie of New- castle, to Sumons Richard Reynolds, Tho. Wollaston, Richard Cant- well, 6i George Harlen, Collectors of the Countie of Newcastle: As also, to the Sheriff of the Countie of Philadelphia, to Sumons Jn" Car- ver, peter Taylor, Attwell Wilmerton, Joseph phipps, Nicholas Skull, 488 MINUTES OF THE Richard Townsend, Arnold Castle, John palmer, Joseph knight, Ed- ward Shute, Sam" Nicholls & Robert Barrow, Collectors of the Countie of Philadelphia, forthwith to appear before the Governo' & Council, & to bring with ym the duplicates of y' originall assessment for their sd rexive Counties, & the monies they Have received, & the names of y*" deficients in their respective precincts, Under y'' pains & penalties mentioned in the Late Law for raising the said assessment; Which was accordinglie done, James Fox & Joshua Hoopps, from the House of Repsentativcs, Requested the Go"^ would be pleased to appoint a Comittee of Council to join a Comittee of Assembly, to Consider of the amendment of some laws, & the making of some new ones. Ordered, That Sam" Carpenter, Joseph Growdon, Caleb pussey, Richard Halliwell, Jn" Curtis & Jn" Hill, be a Comittee to join a Co- mittee of the House of Repsentativcs, to Consider as desired; And to make Report to-morrow morning. Adjourned to 15"^ instant, Hora 9 A. M. [IS"- May, 1697. Att a Council Held att Philadelphia die Sabbatti, A. M. 15'" May, 1697. PRESENT : WM. MARKHAM, Esq'., Governo^ under Wm. Penn, &c. & all y* members except peter Alriches. Joseph Growdon, Chairman of the Comittee appointed to join a Comittee of Assemblie, to Consider ut supra, made report to the Go' & Council, That they had proposed severall amendments of some former lav/s, & some new ones to be made. Which y^ members of Comittee for y" Council left to y^ Repsentativcs for the assemblie to be drawn up into Laws. James Fox & Luke Watson, from the Repsentatives of Assemblie, presented to the Go' & Council an accot presented to y' house by Charles Sanders & Compa, amounting to 231. 4s. Id., due to & ex- pended by him by order of Tho. Lloyd & Wm. Markham, formerlie Go", upon the Indians, & desired the Governo' & Councill's advice yrupon. After some debate, & it being found that the sd monie was due to ym for the service of y" governmt, It being putt to y'' vote whether y" sd accot should be allowed as a publick charge of y^ government. It was caried in y^ affirmative, nemine contradicente, & returned to y* Assembly for y' approbaon. The petition of severall of y* Inhabitants of y" town &; Countie of Chester & others, to the Go' 6c Council, for an ord' for building a bridge over Chester Creek, In or neer Chester-town, being read ; As also another paper, Containing several reasons offered ag' y^ sd petioii, PROVINCIAL COUNCIL. 489 signed by several ; being read & both debated, And it being by the Governo'' putt to the vote, whether it's more convenient that the sd petion be considered rather by a grand Comittee of both Houses than by the Go' & Council, Caried in the affirmative, nemine Contradi- cente. Then the Govern'' Resolved the Council Into a grand Comittee, to Join a Comittee of y^ members of Assemblie, to consider y° sd petion Sl, paper, & to make report to him & Council y° 24"" instant. Adjourned to 17* instant, Hora 9 A. M. [17"- May, 1697. Att a Council Held att Philadelphia die Lunae, A. M. 17"' May, " 1697. PRESENT : WM. MARKHAM, esq ., Governo' under Wm. Penn, (Ssc, et ysdem ut antea. David Lloyd, Co-exer. with Isaac Norris, of Thomas Lloyd, decea- sed, exhibited to y" Go'' & Council a draught of a Law to enable them to sell some parts of y' Real estate of y° sd Tho. Lloyd, for paym' of His debts. After some debate yrupon, & some amend- ments made yrof, it was Recomended by y' Governo'' & Council to the house of Repsentatives for y'' assemblie. John keighin, who married Sarah Griscom, the widdow, relict & exrix. of Andrew Griscom, deceased, exhibited to the Go'' & Council, a draught of a Law enabling them to sell some parts of the estate of the sd Andrew Griscom, for paym' of his debts. After some de- bate yrupon. It was recomended to the House of repsentatives for y" Assembly. Cornelius Empson & Sam" Richardson psented to the Governo' and Council from the house of Repsentatives, several bills for their assent. The petion of the Representatives for the Countie of Sussex for some defence for y' Countie being read. It was ordered to be consid- ered to-morrow, p. m. Adjourned to 18"" instant, hora 9 A. M. [18* May, 1697. Att a Council Held att Philadelphia die Martis, A. M. 18" May, 1697. PRESENT : WM. MARKHAM, Esq'., Governo' under Wm. penn, et ysdem ut supra, except pet. Alrichs & Jos. Growdon. 490 MINUTES OF THE James Fox & Sam" Richardson, from the assemblie, presented to the Governo' & Council another bill for their assent. The Sheriff of the Countie of Bucks His Return of y"= Sumons directed to him being read, Jn° Rowland, one of the Collectors of y'= sd Countie, appeared & brought in the duplicate of y' rate of his precinct, ds declared hee had done no farther, & also "declared that rather then he wold demand, collect, or strain for y'= sd assessment, hee wold pay the fine in the Law mentioned. Adjourned to 2 post meridiem. POST MERIDIEM. Att a Council Held att Philadelphia, p. m. PRESENT : WM. MARKHAM, Esq^, Go% et ysdem ut antea, except peter Al- richs. The Go' did resolve the whole members of Council into a grand Comittee, to meet the whole house of repsentatives for assemblie, to be a grand Comittee of both houses, to examin what monie is brought in according to the Late act, & to Consider what may be necessarie to be done for the speedy paym' of the arrears of y' sd tax, & to report to-morrow morning. Adjourned to 19"' instant, Hora 9, A. M. [19'" May, 1697. Att a Council Held att Philadelphia die Mercury, A. M. y° 19'" of May, 1697. PRESENT : WM. MARKHAM, Esq'., Governo' und' Wm. Penn, &c., et omni- bus membris, except peter Alrichs. William Clark, Chairman of y° Grand Comittee of both Council & Assembly, to whom the matter of the Assessment Laid in 1696, was Comitted to be Considered, made Report in writting, viz : That Having examined y'^ accots, found that divers Collectors have neglect- ed to bring in their duplicats of y' tax they wer rexivelie charged with in y' rexive Counties, & y' monies therein rated. And that it being putt to y" Question whether it be necessarie to prepair a bill for the better enabling the Justices & Collectors in their rexive Coun- ties to Collect such sums as are in arrcar & Unpaid, due by y' afore- said Law, and that the sd Law be reinforced h Continued untill y* same be collected. It was carried in the affirmative. And that it being also putt to y' question, whether it be necessarie that the Go- verno' &; Council send to the Justices in the several Counties y' are PROVINCIAL COUNCIL. 491 in arrear whoise collectors have not paid in the full tax charged on them, to cause the same to be Speedilie sent in to the Receiver : Caried in the affirmative. The memorial of Andrew Hamilton being read in Council, for some encouragm' to support the post : The petion of y^ Repsentatives for the Countie of Sussex being again read, about some defence to that Countie : The petion of Tho. Herris about clerk of y° markett being read : All these wer referred to y' Consideraon of all y° members of Council & assemblie, in a grand Comittee, to meet in y° assemblies room post meridiem, & to make Report to-morrow morning. Cornelius Empson &. Jn° Bradshaw brought in some more bills for the Governor's assent. Adjourned to 20"' instant, Hora 9 A.M. [20'° May, 1697- Att a Council att philad. die Jovis, A. M. 20"" May, 1697, present: WM. MARKHAM, Esq'., Governo' Under Wm. Penn, &c., et ysdem ut antea, except peter Alrichs. Joseph Growdon, Chairman of y" Grand Comittee appointed to Consider of Andrew Hamilton's memorial for encouragm' to support y'' post ; And of y° repsentatives of Sussex County's petion for some defence ; And of y^ petion of Tho. Herris, about Clark of the mar- kett; made Report, That it was y' vote of y" sd Comittee that a bill be prepared for encouragment to Support y" post, both by y^ publick & upon private Letters. And it was also their opinion, that a watch bekeept upon Cape Henlopen in sumer time. To gi^>e notice of the appearing of anie enemie, att y" publick charge of y'' governm' & that the justices of y' Countie order the same, & what sign y'^ sd watch shall give. And that the Last years charge, amounting to about Six pounds, be allowed as a debt of y^ governm'; And y' Tho. Herris' petion was rejected. Ordered that Sam" Carpenter draw up a bill for encouragment & support of y"" post ofHce, & psent it to the House of Representatives. The petition of the Repsentatives for the Countie of Sussex being again read in Council, and the said Report, Ordered that the Justices of the sd Countie Cause a watch to be keept on Cape Henlopen in sumer time, to give notice of the appearing of anie Enemy, att the pub- lick Charge of the governm', & that the sd justices Order y"" same, & what sign the sd watch shall give, and that the Last year's charge, amounting to about Six pounds, be, & is hereby allowed as a debt of the governm'. Adjourned to 22^ May, 1697, p. m. 492 MINUTES OF THE [22" May, 1697. Att a Council Held att Philadelphia die Sabbatti, 22" May, 1697. P. M. present: WM. MARKHAM, esq'., Governo' und' Wm. penn, &c., et ysdem ut antea, Except ut antea. The Governo" desired Jn° Hill & Jn° Curtis to acquaint the assem- blie that hee & Council do wait for them, who Returned that they wold forthwith attend him. The assemblie appearing, M' Speaker presented to the Governo'' and Council Sixteen bills which had past their house. The Governo' told ym that hee would Cause ym to be read & Considered. After Reading of all the sd bills by the Secrie, The Governo', with advice of the Council, rejected & voted outt eight of them. The other eight being three times read, wer by the Governo' and Council approved of The first entitled. The Law for ratifying & confirming of y^ acts & proceedings of y" Assembly in 1696. The Second entitled, The Law for the encouragment & Support of the post office. The third entitled. The Law for the Speedie Collecting the arrears of y" assessment Laid in 1696. The fourth entitled. The Law about Testats &; Intestats estates. The fifth entitled. The Law ag' Swine Running att Large in the Countie of Bucks. The Sixth entitled, The Law about married women having children in y' absence of y' Husbands. The seventh entitled. The Law against Swearing. The eight entitled, The Law for selling the Old Court house of Chester Countie ; All which wer by the Governo' and Council ap- proved of Then the Governo' desired Caleb pussey & Richard Halliwell, to acquaint the assemblie that hee M'aited for them forthwith. The assemblie appearing. The Governo' desired the Secrie to Read over all the said Bills; which hee did, and then underwrote each Bill in these words, viz: Philadelphia the 22'' day of May, 1697. This bill being three times read, was assented to by the Governo' and Council. And then the Governo' past ym all one after another, by affixing thereto His Hand, and Seal of the province. Adjourned to y" 24"" instant, Hora 9, A. M. [24"' May, 1697. Att a Council Held att Philadelphia die Lunm, A. M. 24'" Mar 1697. PROVINCIAL COUNCIL. 49:. PRESENT ; WM. MARKHAM, esq'. Governo' und' Wm penn, &c. et ysdem ut aotea, except ut supra. Wm. Clark, Chairman of the grand Comittee of both Council «fc assembly, to whom the Consideraon of the petion of Several of the Inhabitants of the town & County of Chester Si others, to the Go- verno"' ii Council, for an Ord' for Building a bridge over Chester Creek, in or neer Chester Town : as also of another paper. Contain- ing several reasons offered ag' the said petion, & signed by severalls, was referred, made Report : That after Reading of both the sd petion & reasons ag' it, & several debates yrupon, It being by the sd Chair- man putt to the vote of y' sd grand Comittee, whether a Bridge should be built over the navigable part of Chester Creek, as is petitioned, It was Caried in the negative, nemine Contradicente. Adjourned to 2 in the afternoon. POST MERIDIEM. Att a Council Held at Philadelphia die Lunce, P. M. 24"" May, 1697. PRESENT : WM. MARKHAM, Esq'. Governo' und' Wm. Penn, read, which was done. The contents qrof wer as follows, verbatim, viz: "London 5* 7 m., 1697. Friends, The accusaon? " of one sort, & the reports of another that are come for England " ag' yo"" governm', not only tend to o' ruin, but disgrace. That you " wink at Scotch trade & a Dutch one too. Receiving European goods " from the Latter, as well as suffering yo", ag' the Law & English " interest, to goe to the other; Also, that you do not onlie wink alt but " Imbrace pirats, Shipps & men. These are yd" accusaons, & otii- " Fra. Jones of Philadelphia has Complained of them to Go' Nichol- " son, becaus it was not redrest in the governm'. The Reports arc, •' & a nameless Letf is come to me besids from Philadelphia, to y" " same purpose, that there is no place more overrun with wicked- " nes. Sins so very Scandalous, openly Coraitted in defiance of Law "& Virtue; facts so foul, I am forbid by Comon modesty to Relate " ym. I do yrfore desire & charge you, the Gor & Council for the " time being, to issue forth some act or acts of state forthwith to sup- " press forbidden trade & piracy, & also the growth of vice & Loos- " ness, till some sevei-er Laws be made ag" ym : And I do hereby " charge that no Licence be granted to any to keep publick houses, " that do not give great securitie to keep Civil houses, & are not " known to be of a sober Conversaon, & that the Courts of Justice "in each County have the approbnon, if not Licensing of ym, In "order to prevent such acts of the Lewdness & Idleness as are too " often seen in such places ; And that you take Care that Justice be PROVINCIAL COUNCIL. * 495 • Impartially done upon transgressors, that the wrath & vengeance - of God fall not upon you to blast yo' so very flourishing beginning. •• 1 hasten to you as fast as y" Complaints here ag' vou will give me -' leave, that make my presence now but too necessary. Let neither *' base gain nor a byast affection mak you partial in these Cases, but " for my sake, yo"" own sakes, and above all for God's sake, Let not " the poor province. Longer suffer under such grievous & offensive •' Imputaons ; and will oblige him that loves you, prays for you, & " prays to be with you, & is with true Love yor real friend & affec- ■' tionate proprietary. ' \YM. PENN." The Contents whereof, ds the Complaints yrin mentioned being strictlie inquired into. The Go' did appoint Sam" Carpenter, Joseph Growdqn&; Wm. Clarke, a Comittee of Council further to peruse the sd Letter, &, To inquire into tJie sd Complaints, & to make report yrof to the Go"" & Council next day, by way ofans' to y° sd Letter. Adjourned to lO* instant. 10'" Febry, 1697-8. ^ Att a Council Held at philad die Jovis, lO"" Febry, 1697-8. WM. MARKHAM, Esq'., Governo' et ysdem ut antea. Joseph Growdon, Chairman of the Comittee appointed further to peruse the sd Letter, & strictlie to inquire into y'' Complaints yrin mentioned, & to report the same to the Go' &; Council by way of ans' to the said Letter, this day Exhiliited to the Go' and Council their report in writting, viz: The Comittee having perused & tho- roughly Considered the proprietor's Letter, Charging the Governor & Council to suppress forbidden trade & piracie ; & also the growth of vice & Loossness, &c. within this governm', doe Humblie make this Report unto the Governo' and Council. First. As to the Scotch & dutch trade, wee are not privic yrto nor any of us Concerned therein, but if any such trade has been & escap't unpuneshet. It may rather be attributed to the Connivance or neglect of those officers appointed by Edward Randolph to inspect those things, or others particularly appointed in that behalf; for wee can say, that the magistrals February, 1697-8. Att a Council Held att Philadelphia die Sabbatti, 12* Febry, 1697-8. PROVINCIAL COUNCIL. 497 WM. MARKHAM, esq^ Go', et ysdem ut antea, except Richard Halliwell. By the Governo'' d; Council of the province of Pennsylvania & Counties annexed : A proclamaon. Whereas, o'' proprietary Hath Latelie given us to understand of sundry accusaons or Complaints ag' this governm', for Conniving att illegal trade & Harbouring of pirats ; as also, of the reports that are come for England about the growth of vice & Loossness here: As to the former, its evident that they are the effects of the envv & emu- lation of those who by such unfair & indirect means wold accom- plish their designs ag' this governm', for that wee are satisfied the generality of the people, merts, & Traders of this province & terri- tories, are innocent & clear of those imputations ; And this Countrie being so posited, Philadelphia is become the rode where sailors direction to us given by the Right Honble the Lords Comrs of his maties Treasury, Have deputed and Impowred, &; do hereby depute & Impower John Bewley, esq^, to be Collector of all the rates, duties and Impositions arising and growing due to his matie att Philadelphia, in Pennsilvania, by virtue of the said act. Whereby hee Hath power to enter Into anio ship, bottom, boat or other vessel, as also into any shop, house, warehouse, hostery , or other place whatsoever. To make diligent search into any trunk, pack, Casse, truss, or any other parcel or package whatsoever, for any goods, wares or merchandizes prohibited to be imported or export- ed, or whereof the Customs or other duties have not been duly paid, & the same to seize to his maties use ; as also to putt in execution all other Lawful! powers & authorities for the better managing or collecting the said duties ; In all things proceeding as the Law directs. Hereby praying & Requiring all & cverie his Maties officer & ministers, & all others whom it may concern, to be aiding & asssisting to him in all things as becometh. Given und' o"" Hands & Seal, at the Custom FIousc, London, this twenty-first day of November, in the eight year of the reign of o'' Sovereign Lord, WM. THE THIRD, Annoq domi, 1696, Robt. Clayton, Robert Southwell, Walter Yonge, Sam. Clark, Ja. Chadmesh. Indorsed thus: — province of pennsilvania, 21st March, 1697-8. The within John Bewley, esq'., did, upon the day above writtin, swear on the PROVINCIAL COUNCIL. 603 . Holy Evangells of almighty God, that hoc wold diligcntlie & faithfully execute thewithia Comission, In presence of mee. WM. MARKHAM, Governo'. Recorded 29'" March, 1698. Commission to Mathew Birch, To be Surveyor &l Searcher of ihe Customs in pennsilvania. Edward Randolph, esq'.. Survey o' General of His maties Customs on the Continent of America, 6c Islands adjacent. To Mathew Birch, esq'. By virtue of a deputaon granted me by the Honblc theComrs of his Maties Customs in London, bearing date the 18"' day of October, 1691, & in pursuance Likewise of additional articles of instructions from y' Honors, dated att the custom hous in London y" '2.2'^ of 7br, 1697, directing mee, amongst other things, Locus "I that in Case of any vacancie by y" death, or want of Sigilli I* any of the officers of y" Customs, or otherwise, To sr. gul.J appoint some fit and able person to serve yrin ; And finding no Surveyor &, searcher in the province of penn- silvania &; Counties annext, I do hereby depute & Impower you, the sd Mathew Birch, to be Surveyo' and searcher of his maties Cus- toms, in the sd province of pennsilvania & Counties annexed, witli all the rivers, bays. Creeks & Harbours yrunto belonging, With power to enter any shipp, bottom, boat, or other vessel, as also into any Shop, house, warehouse, Hostery or otherwise, whatsoever, to make diligent search Into any trunk, chest, Cassc, truss, or anie other parcel or package whatsoever, To make diligent search for any goods, wares or merchandizes prohibited to be imported or exported, qrof the Customs & duties have not been duly paid, and the same to seize for His Maties use ; & also to putt in execuon all other La^v^' powers &. authorities for the better managing & causing to be Col- lected the said duties, in all things as y'' Law directs, following & observing all such Rules & instructions as you shall from time to time receive from y" Comrs of His Maties Customs in England, or from the Comrs of His Maties Customs for the time being. Given und' my hand & seal of office, att y° port of Philadelphia, the 25"' day of March, Annoque domi, 1698, & in the Tenth year of the reign of o' Soveraign Lord king WILLIAM Y= THIRD of England, &c. EDWD. RANDOLPH, Surveyo' Genr". Recorded 29"^ March, 1698. [19* May, 1698. Att a Council Held att Philadelphia, die Jovis, 19"" May, 1698. 504 MINUTES OF THE PRESENT : WM. MARKHAM, esq\ Lievt. Governo'. Sam" Carpenter, Wm Biles, Wm Rodeney, Edwd Shippen, David Lloyd, Wm Clarke. Joseph Growdon, Jn° Simcocke, Upon Reading y' petion of peter gronendyke, for a rehearing of a triall hee had in the year 1690-1, wherein hee was Convicted of perjury. The same was rejected. Upon Reading the petion of Nicholas Skull & others. Requesting that there may be an allowed rode from the Lime-kilns, for carting of Lime to Philadelphia, extending from the sd Lime kilns Into plimouth rode, neer Cressoon, where there is neither Improved Land, Hill nor wafer to impede, Ordered that Wm Harmer, Jn" fisher, Daniel Howell, Edward Burch, Thomas Rutter and Nicholas Skull, do soe Lay out the said rode, The nearest dz; most Convenient that may be, & to the Least prejudice of the Improvts of y° nighbourhood, and to make return yrof in a protracted figure & words, into y" Secries office. In order to & as a final Confirmaon yrof. Upon Reading the petion of Ann Baynton, Setting forth that her husband, peter Baynton, Late of Chester Countie, some years ago removed himself & most of his estate to England, 6i left her desti- tute of a Competent means of Lively hood, promising in som.e short time to return, & that hee has Latelie sent over a Letter to her that hee has taken another wife there, & never intends to return hither, nor take anie care for her subsistence, & that hee will draw the remaining effects over to England, & Leave her wholie destitute of means of Living, And yrfor Requesting the Governo'' &, Council to grant her an ord' to take & possess all that is Left or can be found, of her sd husband's estate within this govrnm', towards her necessa- rie Support & alim' as to Justice &. equitie does appertain. Ordered that it shall & may be Lawfull for the said Ann Baynton to take into her hands & possession all that is Left or can be found of her sd husband's proper estate wtin this governnV, towards her support and aliment, as is desired ; and it's further ordered, that all & every person & persons whatsoever, wtin this province & Territo- ries, having any of the sd peter Bajnton's estate, real or psonal, in their hands or possession, as attorney or otherwise, shall upon sight hereof, deliver the same to the said Ann Baynton, towards her sd support & aliment, whois receit shall be their sufficient discharge from the sd peter Baynton, his heirs, exers, admrs or assigns, and shall be accordingly deemed & taken in all Courts & before all ma- "istrates within this government. Upon reading the petion of George Claypoole, setting forth that being one of the younger children of James Claypoole, deced, & who by his last will & Testamt give to such of his children as is yrin menoned, all his front Lott of Land, w' y" Improvments yrof, to ym PROVINCIAL COUNCIL 505 ' &. Council to order y'^ sd division, Resolved that the sd division be made by the ordinary, according to y' Laws of this province, &c. Comisslon. William Massey, to be Collector of the Customs att Lewis, in pennsilvania. To all people to whom these presents shall come, Wee the Comissioners for managing & causing to be Levyed «fe collected His mattes Customs, subsidies and other duties in this his kingdom of England, send greeting: Know yee, that wee, the sd Com" liave by virtue of an act of parliam' made in the five & Twentieth vear of the reign of king CHARLES THE SECOND, intitled an 'act for encourgment of the eastland and greenland trades, & fur better securing the plantaon trade, and in pursuance of the authority and direction to us given by the right Honble the Lords t'onirs of his matjes treasury, deputed and Impowered, and do hereby Locus 1 depute and Impower WILLIAM MASSEY, esq'., to be Sigilli t Collector of all the rates, duties & impositions arising & Cust. J growing due to his matie at Lewis, in pennsilvania, by virtue of the said act, wherby hee hath power to enter into any Ship, bottom, boat, or other vessel, as also into any Shop, house, warehouse, hostery or other place whatsoever, to make dili- gent search into any trunck, chest, pack, Casse, truss or any other parcel or package whatsoever, for any goods, wares, merchandizes, prohibited to 'be imported or exported, or whereof the Cus'.oms or other duties have not been duly paid, & the same to seize to his maties use ; as also to put in execuon all other the Lawful powers & authorities for the better managing and Collecting the sd duties, in all things proceeding as the Law directs ; Hereby praying and Re- quiring all & every his Maties officers & ministers, and all others whom it may concern, to be aiding and assisting to him in all things as bccometh. Given under Our hands and seal, at the Custom house London, the Twenty-first day of Novcmb', in the eicjht year of the reign of our Soveraign Lord, king WILLIAM THE THIRD, An- noque domi, 1696, so Subt. Robert Southwell, Godolpliin, ^Valter Yonge, Sam. Clark, Ben. Overtoa. Recorded 1" July, 1698. Edward Randolph, esq', Surveyo' General of his maties Cnsfoms in the plantaons & Colonies on the Continent of America, and Islands adjacent. To Captain John Jewell. By virtue of a deputaon granted me by the Honble y' Comrs. of his maties Customs in London, bear- ing date y' IS"" day of Octo', 1691, & in psuance Likewise of addi- tjoaal articles of Instructions from their Hon", dated at the custom 43 506 MINUTES OF THE house ia London, y' 22'' day of Sepf , 1697, directing mee amongst other things, that in case of any vacancy by the death of any officer of the Customs or otherwise, to appoint some fit &. able person to serve yrin, giving notice yrof for their Hon" directions yrin, and finding a present want of an officer in the province of pennsilvania, in America, I do constitute & appoint you, the sd Jno. JewelJ, to bp Surveyor and Searcher of his maties customs in the province of Penn^ silvania & Counties annexed, & all the rivers, creeks & bays yrunto belonging. With power to enter into any Ship, bottom, boat, or other vessel, as also Into any Shop, ware-house, hostery, or other place whatsoever, to make diligent search into any trunk, chest, pack, Case, truss, or any parcel or package whatsoever, for any goods, wares or merdizes prohibited to be Imported or exported, qrof the Customs & duties have not been duly paid, and the same to seize for his maties use; and also to put in execuon all Lawful powers and authorities for the better managing and Collecting the said duties in all things as the Law directs, following and observing all rules and Instructions as you shall from time to time receive from the Cornrs of his Maties Customs for the time being. Given und' my hand & seal of office, att the port of Philadelphia, this 15* day of April, in the tenth year of his maties reign, annoq dui, 1698. E" RANDOLPH, Surv' genr". I, Nicholas Hayward, Notary & Tabellion publick, dwelling in London, admitted & sworn, do Certifie & attest unto all whom it may concern, that I have seen and perused certain Letters patents of deni- zation, granted by our Soveraign Lord and Lady king William & Queen Maiy, under the broad seal of England, dated the 15"" of April, in the fifth year of their sd maties reign, wherein among others, are inserted the names of francis Bassett, Mary Magdalen his wife, Susanna Magdalen & Susannah, their daughters, who though born beyond seas, are made their majesties Leige subjects, and to be held, reputed and taken as subjects born in this kingdom of England ; & may as such purchase, buy, sell, and dispose of Lands, tenements and Hereditaments, in this kingdom or any other of their majesties do- minions, as freely, peaceably & entirely as anie subject born in this kingdom ; and that the sd francis Bassett, Marie Magdalen his wife, Susanna Magdalen and Susannah, their daughters, by virtue of the .said Letters patents, are to enjoy all Liberties, priviledges and fran- chises of subjects born in this kingdom, without any disturbance, Impediment, or molestaon as by the said patent, relaon being there- unto had, may more at Large appear, of all which act being required of nice, the sd notar)-, 1 have granted those presents to serve & avail the said francis Bassett, Mary Magdalen his wife, Susanna Majjdalen & Susannah, their daughters, y'' time & place convenient, y° 2.'i"' of April, 1 693, & in the 5"' year of y' matjes reign. In Testimonium veritatis Signo nieo manuali Solito Signari, ct Tabellionatus mei Sigillum appo- sui, Roga tus : Nich" Hayward, Nota. pub. Locus Sigilli, Entered in th& Clark's office of the Citie of New york, in the book of deeds N° 18, pag.- PROVINCIAL COUNCIL. 507 257, y' 23"^ day of Sept', 1693, p. Will. Sharp as Ck. Indorsed thus : personallie appeared before mee, the within named franeis Basset, who made oath upon the Holy Evangells of Almighty God, that hee is the verie selfsame individual person mentioned in & intended by the within mentioned Letters patents, & no other, So Subt. VVM. MARKHAM, Locus Sigilli in marline. Record 3' August, 1698. [3'i Sepf, 1698. Att a Council Held att Philadelphia die Sabbathi, y' 3'^ September, 1698. PRESENT : WM. MARKHAM, Esq', Leivt. Governou'. Sam" Carpenter, Jn° Simcoke, Wm. Biles, Edw"" Shippen, Joseph Growdon, Wm. Clark. David Loyd, The Lt. Go' acquainted the Council y' hee had received a Lrefrom y' Justices of the peace of Sussex County, & desired y'Secric to read it, which hee did, viz : may it please yo' Hono', This to o' Sorrows, but according to our duties, is to inform. That on friday Last, in the afternoon, a smal snug-Ship & a Sloop came too wtin our Cape, not wholly undescried, but little dreaded of being an enemy or trench, both which they proved, & yesterdhy morning Landed about 50 men, well armed, & came up y' town & plundered almost every house yrin, Comitting great spoil, breaking open doors & Chests, and taking away all money or plate to be found, as also, all manner of goods & merdizes worth any thing, together with ruggs, blanketting, & all other bedd Covering, Leaving scarce any thing in y'' place to Cover or wear. They brought two English prisoners on shore wt ym bound, one of ym known to be Jn° Reedwood, of Philadelphia, His Boy, with whom they wold Sufferr no Converse, but wee suppose y" sd sloop to be said Redwood's, taken Coming out Cinnepuxon Inlett ; They all went on board Last night; killed several Sheep & Hogs. They Con- tinue still att anchor in yr birth, as neer in the bay opposite to this towne as they well can find water to ride in, & it's doubted they will be on shore again before night for more Cattle, if not to burn y' houses ; but wee shall endcavo' to Scare ym. They Ly ready for all mischief inwards or outwards by Land or water, and Have pilots any vv»ay. They are now in Chasse Inwards of a Briganteen with their sd sloop. The briganteen outsails ym, & wee Hope in God will escape. They are begarly Rogues, and will pillage for a trifle, and do think they may tarry Long enough untill y" man of warr att York may have Speedy notice. They took about eleven of y*" Chief of o' town prisoners, & when they had madeym help on board their plund', dismist all except one man. Cap'. Watson's Carpenter. This place is very open for danger, & verie naked for defence. M' Clark's House 503 MINUTES OF THE A goods Hath Sufficiently shared in y* villany. Wee hope wee need not repeat y° Calamities afbresd, nor y' great terror y' must needs here attend all Sexes & Sizes; all which is Submitted to )o' Hono" most Serious Consideraon, By Sir, yo' Humble Servants. — Luke Watson, John Hill, Tho. Oldman, Jonat Baily. Therafter the Lt. Go' sent for Tho. Simkins, mariner, who ap- peared, & aged fourty years, made oath y' y* name of y° vessel y'took him hec knows not, but y' it was a pirate named Canoot, on board Jn" Hedwood's sloop, 10 MINUTES OF THE " tlie author of all my trouble, & an alien, had his goods 169S. At a Council Heldatt Philadelphia Die Lunce, 23^ May, 1698. PRESENT : M'M. MARKHAM, esq". Lt. Go', et ysdem except Joseph Growdon. Edw' Shippen, Chairman of y^ Comittee of Council ds Assembly appointed to examin, adjust & bring in the debts of the governm', made Report to the Lt. Governo'' & Council, that they found the province to stand indebted to sundry persons in y' sum of ^' Anthony Morris & Cornelius Wiltbank, brought from the Assem- bly to the Lt. Go' & Council, a Bill for Confirming the Laws of this government, which was read & debated. Adjourned to 24* instant. [24"' May. Att a Council Held att philad. die Martis, 24"' May, 1698. present: WM. MARKHAM, esq'. Lieut. Governo"', ct ysdem ut antea, with .Joseph Growdon, Rich'' Halliwell, absent. Sam" Richardson & Henry MoUeston brought from the house of Repsentatives to the Lt. Go', a bill for Continuing of an act entitled, The Law for the speedy Collecting the arrears of the assessmt Laid anno 169G, which was read & debated. Anthony Morris & Tho. Oldman brought from the house of Rep- sentatives to the l^t. Go', a Bill Supplemental to y'= La\v ag' Robbing & stealing; as also, y" bill for regulating frauds; Both wch wer read Si debated. Adjourned to 26"' instant. [26'" May, 1698. Att a Council Held att philad. die Jovis, 26'" May, 1698. present: WM. MARKHAM, esq'. Lt. Go', ct ysdem ut antea, & R' Kaliiweli. PROVINCIAL COUNCIL. 521 Jn" Donaldson, Returned by y" sheriff of y' Countie of Newcastle as repsentative in Council, took the usual oaths & test, &c. Caleb pussey & Jn" Grubb, from the house of rcpsentativcs, brought to y*^ Lt. Go' & Council a Bill to encourage bringing in of money to pro- mote trade & ease paym" ; as also, a Bill for regulating the streetts & water Courses in the cities & towns of this govcrnnV ; both which wer read and debated. Adjourned to 27* instant. [27* May, 1698. Att a Council Held att philad. Die Veneris, 27"' May, 1698. PRESENT : WM. MARKHAM, esq'. Leivt. Go\ Sam" Carpenter, David Lloyd, Wm Rodeney, Edw'' Shippen, Jn" Simcocke, Wm. Clark, Joseph Growdon, Rich'' Halliwell, Jn" Hill, Wm Biles, Jn" Donaldson, John Bewley, Esq'., Collector. The Lt. Go' delivered to y" Secry certain Letters patent, und' the great Seal of England, wch y" sd secrio read, & by reason that a Quorum of y^ Comrs yrin named Could not be gott together at y' time to Swear y" Lt. Go' by virtue of y^ sd Lres pat., dated y" 30'-"' of April, in y" 9"' year of y" reign of Wm. the S^ &;c. Wm. Mark- ham, Lt. Go' of y' sd province, (by virtue of a Late Comission grant- ed to him by y" Right Honble Wm. Penn, absolute proprietor 6^ Governo' of y" sd province of Pennsylvania & the territories yrto belonging,) made oath upon the holy Evangells of Almighty God, to do his utmost that all tho matters and things Contained in the rexive acts of trade & navigaon in y^ sd Ires patt & oath annexed Con- tained, shall be punctually & bona fide observed as yrin is directed. In a full Council held y*" sd day, Jn° Bewley, Collector, psent, Where- of an Indorsment is made on the sd Lres pat, & Signed by sd Jn' Bewley, Collector, Rich' Halliwell, Jn" Hill, Wm. Rodeny & Jn' Donaldson, all four of the Council. The Assembly having rcpsented to the Lt. Go' & Council as a grievance, That the ordinarie had required exers of Testator's estates to give securitie att y" office ; After a fall & free debate yrof in Coun- cil, It was y'' unanimous opinion & Resolve of y'^ Lt. Go' & Council, that exers give securitie to tho office for the due administraon of the Testator's estate, as admrs do for Intestate's estates. Adjourned to 28"" instant. 44* 522 MINUTES OF THE [28 May, 1698. Att a Council Heldatt philad. die Sabbati, 28"" May, 1698. PRESENT : WM. MARKHAM, esq'. Lt. Go', et ysdem ut supra. The Lt. Go' Resolved y" whole Council Into Comittee, to Join a Comittee of y" whole Assembly, to prepare an address from ym as y' people's repsentatives to his matie, & to make report, drc. Adjourned to 30"" instant. [SO May, 1698. Att a Council Held att philad. 30'" May, 1698, die LunjE. present: WM. MARKHAM, esq'. Lwvt. Governo', et ysdem ut antea, excepf .In" Donaldson & R' HalliwcU. Joseph Growdon, Chairman of y Grand Comittee of Council & Assemblie, appointed to prepare-an address to his matie, made report that they had prepared y' same, which being read & debated, it was ordered that the same should be engrossed & signed by the members of Council & assemblie, &, that the secrie should make outt two duplicates y'of, & to be by the Lt. Go', with the original, sent to England, &, that another remain on the file in y' Secries office. Then the Governo' desired Jn° Hill to acquaint the assembly that hee waited for them. Who returned. That they wold forthwith attend him. Tlie Assemblie appearing, Mr. Speaker pscnted to the Lt. Go' & Council several bills which had past their house. The Lt. Go' said Hee would Cause ym to be read & Considered. After reading of all y° sd bills by y^ secrie, the Lt. Go', with advice of the Council, rejected & voted outt some of ym, and the remaining six being three times read, wer by them approved of, viz:. The first entitled. The Law for Confirming the Laws of this go- vernmt. The Second, An act for preventing of frauds & regulating abuses in trade within this province of pennsilvania and Counties annex't. The third. The Law for tlie ContinUaon of an act entitled. The Law for the speedy Collecting the arrearages of the assessment Laid in 1696. The fourth. The Law supplemental to the Laws ag' Robbing and Stealing. The fifth. The Law to encourage bringing in of money to pro- mote trade, and make paymts more easie wtin this province & Ter- ritories. PROVINCIAL COUNCIL. 523 The Sixth. The Law for regulating streetts & water Courses in y* Cities & towns of this governmt. [^Peter Clausson. Upon Reading the petition of peter Clausson, setting forth, That hee has been under Confinement above a year Last past, upon suspition of piracie & as being one of Avery's Crew, & not brought to trial, and yrfor requesting that seeing no accusaon Comes against him, hee may have Licence to depart this governm'. The petition' on his examinaon, Having confest that hee had been m Avery's ship, but said he was forc't on board, therefor y" Lt. Go' Council, Returned that they wer readie to re- ceive ym. Then Jn" Blunston, accompanied by all the repsentatives of As- sembly, acquainted the Lt. Go' that they had made choice of him for tlieir Speaker. The Lt. Go' replyed that hee was well satisfied with their choice. Then the Lt. Go' said : M' Speaker & you [gentlof the Assembly, Before wee go upon anie other bussines, I think it meet that you inquire into the reason of the absence of Several members of yo' house, & wee shall do the same here, and I shall signify to this board what I know in relaon to the sd absence, and if you think fitt, I shall appoint a Comittee of the whole members of Council to join a Comit- tee of the whole members of Assembly, to be a grand Comittee, to inquire Into y" same. The Assembly departed. Then the Lt. Go' read a Letter fromMajor Jn" Donaldson, of New- castle^ directed to Him, dated y' 18'" April, 1699; & another dated the day of , 1699; & Recomended ym to the Con- sideraon of the said grand Comittee. The messenger was by y" Go' sent to y' Assembly, desiring ym to send two of their members to him in Council. Jn" Bevan & An- thony Morris came. The Lt. Go' told ym that hee intended to resolve the whole mem- bers of Council Into a Comittee, to Join a Comittee of all y' members of Assembly, to be a grand Comittee, to inquire Into & Consider of the reasons of y^ absence of some members of Council & Assembly, & of y' sd 2 Lres, and desired the Assembly to do y'' same. It was ordered that the whole Council resolve itself into a grand Comittee to Join a Comittee of all y" assembly, to inquire into & con- sider of the absence of y" sd members & of y" sd Lres, As to make report^to this board to-morrow morning. Adjourned to y* 12"" instant. [12* May, 1699. Att a Council Held att Philadelphia die Veneris, 12* May, 1699. PROVINCIAL COUNCIL. 539 PRESENT : WM-. MARKHAM, esq', Leiut. Govcrno', & all the members ut antea. Wm. Clark, Chairman of y' sd grand Comittee appointed to inquire into & Consider the reason of the absence of so manie men:- bers, made report in writting, viz : The Letters from John Donaldson directed to thy self, as also that of Joseph Wood, directed to the secrie, wch wer recomended to our Consideraon, wee have perused, & do resent y° same as a great indignitie & High misdemeanor ag' y* governm', as also that the wtstanding, preventing or discouraging oi elections ofrepsentatives for Council dj Assemblie, is of verie ill con- sequence, & may tend to the subversion & overthrow of the frame & constituon of this governm', &; prove destructive to the rights &, Lib- erties of the freemen & inhabitants thereof. Therfore, wee are of opinion, y' y' sd Jn" Donaldson & Joseph Wood ought to be forthwith sent for, to ans' y*' premisses before this general Assembly, and y' some suteable provision be made this sitting to pvent such miscar- riages for y' future. WM. CLARK, Chairman. THen the Lt. Go' resolved the Council Into a Comittee to join a Comittee of Assembly, to hear the defences of y° sd Jn" Donaldson & Joseph Wood, who casually wer in town, to-morrow morning, & de- sired John Hill &r Richd Wilson to acquaint the Assembly yrof, & the messinger to acquaint y' sd Jn" Donaldson & Joseph Wood ther with. Adjourned to the 13* instant. [IS"" May, 1699. Atta Council Held att Philadelphia die Sabbathi, j' 13* of May, i&99. WM. MARKHAM, esq', et ysdem ut antea. Phineas Pemberton, a member of Council for the Countie of Bucks, appearing, subt. the dcclaraon of fidelitie, profession of the Christian Ijelief & the test, and took his place att the board. The Comittee of Assembly, viz: J n" Blunston, Speaker, Anthonie Morris, James ffox, Richd Hough, Thomas t?harp & Wm. Piles, came (att the Go" request) into Council, and major John donalson being called and appearing, and the above said Lre of 26''' of April having been read, Flee made ans' that hee wrote it to the Go' as a private pson, & did not think it wold be exposed, & y' hce intended no reflection nor ill to the governmt yrby, & did assure that he ever had been & was then verie affectionate both to the proprietor & His governm' & y' Lt. Go'. The Lt. Go' and Council taking this ans' Into Consideraon, dismist him. 540 MINUTES OF THE Joseph Wood being called & appearing, the said Lett' of his to the secrie Having been read, & the blanck half sheet of paper shown him, Hee made ans' that liee intended no aflront to nor slight of the governm', but what hee wrote was only jocular, & was sorrie that hee had given ym any oifence yrby ; which answer being (Consider- ed, hee was dismist. Adjourned to 15"" instant. [15"" May, 1699. Att a Council Held att Philadelphia die Lunae, 15"" May, 1699. present: WM. MARK MAM, esq', Lt.Go', et ysdem ut antea, & pliinehas pem- berton. Anthony Morris & James Fox, from the House of Representatives, requested the Go' wold appoint a Comittee of the Council, to join a Comittee of Assemblie, to consider of y^ amendment of some laws, & the making some new ones. Resolved y' the whole members of Council be a Comittee to join a Comittee of y^ House of repsentatives to consider as is desired, & to make report. Upon reading the potion of Lassey Cock to the Lt. Go' & Council, about some money due to him, Itt was recomended to y^ assembly for y' allowance. Upon reading the potion of Charles Sanders & other merts, about prohibiting skins to be caried out of this into any other province, as also y^ franckford petion about Hoggs ; Both wer recomended to the assembly. Upon reading the memorial of M' Duncan Campbell, attornie for Coll. Andrew Hamilton, about y^ Sallary of 2011 due to him for sup- port of the post, for y" year 1698, The same was by y' Lt. Go' & Council sent to the house of representatives, to be by ym allowed as a debt due by the governm'. Adjourned to 17"' instant. 17* May, 1699. At a Council Held att Philadelphia die Mercury, 17^ May, 1699. present: WM. MARKHAM, esq', ct ysdem ut antea, except phineas pem- berton. PROVINCIAL COUNCIL. 641 VVm Clark, Chairman of the grand Comittee of Council «fe assem- blie, appointed to consider ut supra, made report to the Go"' &, Coun- cil that they had proposed several amendments of some laws & some new ones to be made, which the members of Comittee for Council Left to the repsentatives of Assembly to be drawen up into Laws. Anthony Morris & James ffbx brought some bills from the house of repsentatives to the Lt. Governo' & Council for their assent. John Swift & Isaac Norris brought some more bills from the sd house to the Lt. Go"" & Council for their assent, which with the former, wer read, considered & amended, to be equallie divided between his children att y' age of 21 years ; And also setting forth, y' qras y*" sd exers having renounced y' ad office of exership, shee administered on his estate Cum testando annexo, 't: WM. PENN, proprietor & Governo'. ' Edward Shippen, Wm. Clarke, GrifFeth Owen, Robert Turner, Sam. Carpenter, Thomas Storie. Complaint haveing been made to this board by some of y' mem- brs of Council, that y° Late fireing of gunns from on board some vessells lying before philad. hath not onlie frightened some women & children, but hath also occasioned some of the Senecar Indians y' came hither to treat w' this governmt to depart, as believing y* fire- ing of sd gunns to have been signs of Hostilitie intended ag' ym. It was yrfore ordered y* no vessells Lying before y'^town of philad. shall fire anie gunns but att coming in & going outt, as a sign of yr arrival & depture, & y' James Logan give notice to M''of vessells of this ordr at their entrie of their vessells in his office. The Go' also, in open Councill, Informed y' 3 Senecar Indians y' stayed behind the rest, that itt was the Custom of y" English to fire gunns as a sign of joy & kind entrtainment of y' friends com- ing on board ; & was in no manner of ways intended to frighten or disoblige ym ; as also informed ym, yt they wer & should be verie wellcome to this govW, & in token of amitie & friendship vvt ym, y° Go' gave ym a Belt of Wampum, by ym to be showen to the other Senecar Indians y' went away upon fireing y' sd gunns, Which they kindlie accepted of. The Go' also desired y° members of Councill to go on board Capt. Sims' vcssell w' y' sd 3 Indians & y' Inter- preter, y' they might see y° manner of the English on board y' ves- sells, wch was accordinglie done, to y' great satisfaction. Adjourned to y' 14"" instant. 14* August, 1700. Att a Council Held att philad. die Mercury, 14 Aug', 1700, 47* 508 MINUTES OF THE present: WM. PENN, pror. and Governo', et ysdem ut antea, & John Moll. Upon reading y' petion of Gilbert Wheeler ag' Edw'^ Antill, The Governo"' desired y' Council on both sides to argue v' mat- ter before him &, Council, wch was done; & several paps, wer produced & read about y" matter in difference. The Gor ordered ym to appear again to-morrow morning, in order to a furth'' examina- on & Hearing the same. Adjourned to 1 5"" instant. [15"" August, 1700. Att a Council Held att Philadelphia die Jovis, 15* instant PSENT : WM. PENN, pror. & Go', et ysdem ut antea. The Council of Gil. Wheeler & Edw'' Antill havmg been again heard att Length, The Go'' iSs Council appointed ym to appear before him and Council y^ 28"", & y' hco & Council wold in y"" meantime fuUie Consider of an answer. Upon reading the petion of Henry Elfreth ag' Griffith Jones, The same was referred to y^ Comrs of inquirie into titles of Lands &; Lotts. Upon reading the petion of Elizabeth Robinson, widdow, ag' y" sherif of Newcastle &; Jasper Yeates, the same was deferred to y'' 28""- mstant, being a case unpsidented in this province. Jtt was this day ordered by the Go'& Council, y' the king's High- way or publick road, & the bridges yrin from y'^ town of Philadel- phia to the falls of Delaware y' now are, be w' all expedion suffi- cienilie cut -T : WM. PENN, pror. & Governo'. Sam" Carpenter, Griffith Owen, Tho. Story. Edward Shippen, John Moll, Upon reading j" petion of Joseph Ashton, setting forth THat the justices of Philadelphia Countie Having granted a roade Leading to pemapccca mill, & ordered six men of y" nighbourhood to sett itt forth, by the agreemt of 4 of y" six, & y' 4 of ym in y" absence of the other two^ did sett itt forth to y° pers. prejudice, & y' itt may be altered without incommoding y* sd road, as in a draught yrof wt y* sd petion to y° Go"' & Council exhibited, & yrfor Requesting y' y° Go' &• Council wold appoint a road of a reasonable breadth, according to y" sd draught, or to appoint psons to view & sett itt forth according to y"' discretions. lit was ordered y' the said six psons appointed by y' Countie Court, do all meet together & Lay outt y" sd road, both as y' 4 psons have Laid itt outt, & as it is desired by y" per. in his draught, & y' they return y* sd draughts & courses of both roads, wt y' con & inconvcniencies, & y' reasons yrof to y^ Go' and Council y° 25"" instant. Upon reading the petion of Henrie Elfreth, ordered y' Griffith Jones have notice to appear befor y*" Go'' & Council y° 25"' instant, with his evidents of his Bank Letts over ag' y' blue anchor. Upon reading y° petion of Eliz' Robinson, widdow, agt the Sheriff of the Countie of Newcastle & Jasper Yeates, Ordered y'sd Yeates Have notice of sd petion & y' hee appear 25"^ instant, & y' shee be then heard by her Counsell. Adjourned to 12"" instant. 12'" August*, 1700. Att a Council Held att philad. die Jovis, 12'*" instant. present: WM. PENN, pror. &. Go', et ysdem ut antea. Upon full hearing of y" matter in difference between Edw** Antill & Gil. Wheeler, who had referred y" same to y° Go'' and Council, The Go' & Council Ordered sd Antill to pay to sd Wheeler One hundred pounds y" first of May, 1701, & to give securitie for y' paymt of y' same, & that sd VVheeler do forthwith sign to sd Antill & his heirs and assigns, a deed of sale &; conveyance for y' mortga- ged pmisses in fee simple & estate of inheritance for ever, 6i y' sd •September. 560 MINUTES OF THE Wheeler do live on y" pmisses to y° sd first of May, 1701, on such rent as they shall agree for. The pror. & Gor. proposed to the Council the necessitie of calling an assemblie in y" fall, for revising y' laws securing proptie, a frame of govermt «fe support yrof, Si paying y^ debts yrof. Itt was Resolved y' y' pror. 65 Go' do Issue his writts to sumons the freemen in each Countie to m,eet y' 1'' 8br., to choose 4 psons to serve as y' repsentatives in Ass., & to meet att Newcastle y* 14"" day yrof, & y' y^ secrie do forthwith prepare writts for that end. Adjourned to 10'" 8br., 1700. 10* Octob% 1700. Att a Council Held att philad. die Jovis, 10"" Octo', 1700. PSENT : WM. PENN, pro' & Go', et ysdem ut antea. Henry Elfrcth wt Henry flower, his Uncle's exer., wt Griffith Jones, appeared according to an ord' of Council ll"" Tbr., 1700, and having been fuUie heard, y' finall determinaon yrof was deferred till y° Go' & Council return from N. Castle. Adjourned to 11"" instant. 11* Octob', 1700. Att a Council Held att philad. die Veneris, 11* instant. pkesent: WILLIAM PENN, proper. & Governo'. Sam" Carpenter, Griffith Owen, Thomas Storie, Edw"* Shippen, Caleb pussey, John Moll. Humphrey Morrie, upon y' Gor's. call by y° mess' of the Council, ap. subt y' Qualificaon of a Councellor &, took his place at the board. Smith, father to ■ Smith, now in goal upon susption of a rape Comitted on , desired his son might be bailed ; wherupon the attornic general being heard for y" king, &. David Lloyd for y° sd Smith, Itt was by y' Gor dt Council Ordered y' hee continou prisoner till y° pror. & Gor's return from y" Ass. att New- castle, to be held there y'^ 14"' instant. Adjourned till y" Gor's Return from N. Castle. PROVINCIAL COUNCIL. 561 *Therc were many Councils furtlicr held att y' Town of New- castle, and a great number of Laws past w"" the Assembly there, before J. Logan was appointed Clerk of y' Council, and therefore he knov.s not what became of them. PROVINCE OF PENNSILVANIA & TERRITORIES, SS. Minutes of Council in the Assembly, Anno Ri. Rs. Gulielmi terty Anglioe, &c. decimo. 25* January, 1699-700. Att a Council Held att Philadelphia die Jovis, 25'" January, 1699- roo. present: The Honble WILLIAM PENN, absolute proprietor & Governo' iu Chief of y° province of pennsilvania & the Territories yrto be- longing. Sam" Carpenter, Caleb pussey, Jn" Hill, Edward Shippen, phin. pemberton. Rich'' Halliwell, David Lloyd, Wm. Rodeney, William Biles, W'm. Clarke, Pat. Robinson, Secry. The Sheriff of the Countie of Newcastle his Return of a writt directed to him from y'' pror. & Go' for the election of repsentatives for sd Countie, to assist him in an assembly, to meet this day, was produced, whereby itt appeared that ther were elected for Council Rich'' Halliwell & Rob' French, &; for Assembly John Healy, Adam peterson, Wm. Guest and Wm. Houston. Upon reading the petion of Cor. Empson * pror & Go' did again propose y" matter of oaths, attest, & charge of provincial Council ; and y^ same being att large debated, Adjourned to 3 p. rn. Att wch time y' ass: again appearing, The pror &- Gor proposed to ym a bill about y' regulaon of Indian traders, wch hee referred to a Comittee of both houses; also a bill about regulating negros, re- ferred to another Comittee of both houses; also a Bill about regu- lating Courts of Justice, referred to a S^ Comittee, &. to bring y' reports of y" sd bills to-morrow morning. Adjourned to 28'" instant. [28'-' May, 1700. Att a Council Held att philad. die Martis, 28* May, l^OO. present: WM. PENN, pror & Gor, et ysdem ut antea. The rexive Chairmen of y° sd 3 Comittees brought in each of ym draught of the rexive bills recomended to ym. Adjourned to 3. p. m. a Att wch time y" ass: appearing in a grand Comittee, wt y' Gor &: Council, The bill about regulating Indian traders was read, considered and amended, & Gri. Jones appointed to draw it up fair by to-morrow morning; also y^ bill about regulating negros was read, considered & amended; also y" bill about Regulating of Courts was read&; consid- ered, with its amendments, &; given to sd Griffith Jones to be fair drawen up. Adjourned to 29'" instant. [29"= May. Att a Council Held att philad. die Mercury, 29'" instant. PROVINCIAL COUNCIL 581 PRESENT : WM. PENN, pror & Governor, et ysdem ut antea. The pror & Gor psented to the Council & ass : a Bill about a Court Barron, another about Confirmaon of free-holds, another about sur- veys, & appointed a Comittee of 3 psons out of each Countie of y' province, assembly, by PAT. ROBINSON, secry. Joseph Growdon, Chairman of y^ grand Comittee of both Council & ass: appointed to Consider of certain laws proposed by y" Go% Re- ported that they had read & partly considred y" bills about regulaon of Courts, power of the Civil magistrate, Court Barron, Regulaon of Indians, Indian traders & negros, surveyors & y" fees, & robbing of Orchards, & y' it was the opinion of the whole Comittee y' they saw no service in sd bills att this time, neither had they time to consider ym fuUie. Then the propr & Go' Laid before the Council & assemblie the Consideraon of a Bill to be past for securing the people's properties, & another Bill of suppiie to him as Go', who never yet these 20 years past, had had a farthing from them. Adjourned to P' June, 1700. 1" June, 1700. Att. a Council Held att Philadelphia 1" June, 1700, die Sabbathi. present: WM. PENN, pror. & Go', et ysdem ut antca. Upon the Request of some of the merts of philad to the Go', Coun- cil and ass, setting forth y' there was this year more tobacco in the river than could be Carried home to England, for want of shipps, if the time of shipping of Tobacco in bulk was not protracted to a Longer day. The pror & Gor appointed some psons to draw up a bill prolong- ing sd time to the 1'' July next ; As also, another Bill obliging all vessells going to & from the sea, to call att Newcastle 6i make re- port there, und' a certain penaltie. Adjourned to 3' June instant. PROVINCIAL COUNCIL. 585 [3^ June, 1700. Att a Council Held att Philadelphia die Lunse, S"* June, 1700. PRESENT : WM. PENN, pror. & Governo', etysdem ut antea. The pror & Gor appointed some psons to draw up a Bill about the trjingand punishing of negroes. Rob' French & ph. pemberton, from the ass, informed y' Go'' ds Council that the time of y' ass: was almost outt, & y' y'^ass: could not agree upon the precise time of y° 15 days being outt ; VVherupon y" pror & Gor sent Jos. Growdon & John Hill, to informe ym that in strictness y^ 15 days are not expired (the first days not being in the number) till the sixt instant inclusive, & to desire ym to consider yrof, that the Gor & Council may not be straitned with time to do the pub- lick bussines. They returning from the assemblie, made ans' that they wold consider yrof. After some time, two of y° members of Ass: desired that y'^ speaker & ass: might have a Conference with the Gor &; Council about y* time granted. The members rexivlie appointed brought in a bill prolonging the time prohibiting the shipping tobacco in bulk ; also, a Bill obliging all vessells going to &, coming from y° sea, to call att Newcastle & make report there, under a certain penaltie; as also, a Bill about trying & punishing of negroes. Adjourned to 4"^ instant. [4* June, 1700. Att a Council held att philad. die Martis, 4* June, 1700. present: WM. PENN, pror. & Go", et ysdem ut antea. The sd 3 Bills being read by y' Secrie & amended, wer sent to the House of Repsentatives for yr assent, by Griffith Owen & Caleb pussey. The pror & Gor acquainted y' Council that he had perused and Considered y" Charter by ym psented to him to be granted, and psenled to ym y° draught of such Charter as hee could grant ym, & appointed Jos. Growdon, Sam' Carpenter, Rd. Halliwell &; Jn" Don- aldson, a Comittee of y° Council to join a Comittee of Ass, to puse (fe consider y" same, & desired sd Halhvell to acquaint y" ass: yrof. Adjourned to 5" instant. »86 MINUTES OF THE [5'" June, 1700. Att a Council Held att philad. die Mercury, 5* June, 1700 present: WM. PENN, pro' & Go', et ysdem ut antea. Joseph Growdon, chairman of sd Comittee, made report y' they had considered of some amendmls of y° sd draught, wch hee gave y* pror for his perusal. Caleb pussey, a member of, made a motion y' a Bill should be pre- pared about elections of repsentatives & y' fees, & a Bill about a free- man. The pror ordered y' sd (.'aleb pussey to prepare itt. The pror & Gor ordered Griffith Owen to prepare a Bill about sicklie vessells coming into thisgovernmt. Joseph Growdon made a motion that 3'' in the 11 be raised for y° Go''" use. Hee ordered sd Growdon to prepare a Bill for that end. Sam" Carpenter made a motion y' a bill might be prepared for rais- ing Onepennie p 11 & 63. p poll, for defraying the publick debts of y* government. The pror & Gor ordered Sam' Carpenter to draw itt up. Griffith Owen made a motion that a Bill might be prepared for Laying an Impost upon wine, Rum, Cider, Liquors retailed, for y* prors. use & supjjort. Hee ordered sd Owen to draw itt up. Caleb pussey desired y ' a Bill might be prepared to Continue Si, con- firm y' Laws of this governm'. The pror appointed sd Caleb to draw itt up. Adjourned to 6"" instant. 6* June, 1700. Att a Council Held att philad. die Jovis, 6"" instant. present: WM. PENN, pror & Go', et ysdem ut antea. Caleb pussey brought in the bill about elections, a freeman & rep- resentatives fees, & another Continuing & Confirming y° Law of this government. Griffith Owen brought in the Bill about sicklie vessells, & another about Impost. Sam' Carpenter brought in the Bill for raising one pennie p 11. for defraying y'^ publick debts of the government. The which 5 Bills, after some amcndmts made )'rin, wer sent to the house of repsentatives for their assent. The pror & Gor recomended the Bills of 3^ in the 11. and of Impost, to the Consideraonof y' Ass, & Sam" Carpenter was sent wt ym. Adjourned to 7* instant. PROVINCIAL COUNCIL. 687 An a Council Held att philad die Veneris, 7"" June, 1700. present: WM. PENN, propr. and Governo'. Sam" Carpenter, Richd. Hough, Robt. French, Edwd. Shippen, Jn" Simcoke, John Hill, Giffith Owen, Caleb pussey, Tho. Fenwick, Joseph Growdon, Rich'' Hallwell, Sam' Preston. William Biles, Jn" Donaldson, The pror & Gor desired Wm. Biles & Caleb pussey to acquaint the assembly that hee & Council waited for ym ; who returned they wold attend him. The ass: appearing. The Speaker psented to y^ Gor & Council eight bills wch had past yr house. The pror told ym Hee wold cause them to be read and Considered, And desired ym wt all speed to Con- sider of the Charter &; the amendmts to be made yrin, & y' if they could agree among ymselves about the alteraons & amendmts they desired Hee wold for his part, be as condescending and easie as hee could. After Reading of all the said 8 bills 3 times by y' secrie, they were by y" pror, Gor & Council, approved of & assented to. The 1'', entituled, the Law of a freeman about elections and Rep- sentatives fees. The 2^, The Law for granting an impost upon wines, Rum, beer, ale, &c, & goods imported, retailed & sold in this province & territories. The 3'', The Law requiring all M" ofShipps & vessells to make report att the town of Newcastle, y' are or shall be bound to or from y° sea. The 4"", The Law for prolonging the time prohibiting the shipping tobacco in Bulk. The 5"", The Law about trying and punishing negroes. The 6*, The Law about sicklie vessels coming into this govern- ment. The 7"", The Law for raising one pennie p pound, and six Shills. p head, for paymt of y^ publick debts of the governm'. The 8*", The Law for confirming & continouing the Laws of this government. Then the pror & Gor desired the Secrie to acquaint y* ass: y' hee waited for ym. The ass : appearing, the pror &. Gor desired the Secrie to read over the sd eight bills, wch hee did, & y" pror & Gor did underwrite each bill in these words, viz: philad., f"" June, 1700. Tlii-s bill being 3 times read was assented to by the Gor & Council, & yn yrto putt his hand & y" seal of y'' province. Then y° pror ask't y° ass : whether they had prepared any other Bills for his assent, Who answered no. Then y' ass : brought in to y* Gor & Council the Chart hee had proposed to ym, wt amendmts, but after a Long debate, & nothing beinw like to be agreed upon by reason of y' opposion between y' 588 MINUTES OF THE upper & Lower Counties, about the number of members & repsenta- tives charges, & some other clauses yrof, The pror & Gor, wt y" Consent of the Councill, putt itt to the vote whether they wold be governed by y° old Charter ; caried in the negative. Then hee putt it to y" vote qther, (since the Chart could not be agreed upon,) Hee should not reassume the govermt, as it was after the act of Union, & govern by his Lres pats, from king Charles y' S**, & on y' foot of y' act of Union ; Caried in the affirmative by y' mem- bers of Council & ass, except 4 or 5. Therafter itt was by y" Gor & Council, & all the repsentatives in ass : unanimouslie voted, declared & assented to, y' all y' Laws past att Chester, & in y° petion of right, & all the Laws since made, as also y'^ Law for Confirming & Continuing y° Laws of this govrm', made this ss of ass: shall stand, be & Continue in full force & virtue, as hath been Customarie, until 1 the rising of the next genral ass, & 20 days after, & no Longer, except such Laws, or pts of Laws, as are repealed, altered, or supplied by other Laws. Therafter y' pror & Gor, upon the motion of a member of ass, promised j' the clause of y° Charter relating to proptie should con- tinue as it was before. Then Jno. Blunston, Speaker, in the behalf of the repsentatives of y' people in ass, & Wm. Biles, in the behalf of y" repsentatives of y' people in Council, for y^ province, &L Jn" Hill & Wm. Rodney for y' territories, and in behalf of y'' people & repsentatives in Council & ass, and by and with the unanimous Consent of all y^ members both of Council & ass: present, took y^ Charter, & delivred itt up to the pror & Gor, which hee accepted of att yr Hands and then said : Friends, since you wer dissatisfied wt y" Charf you had, & y' you could not agree among yorselves about a new one, I shall be easie in ruling you by the king's Lettrs pats. &; act of Union, & shall in the ruleing of you. Consider my grant from the king & you that I am to rule, and shall from time to time endeavour to give you satis- facon. I advise you not to be easilie displeased One with another, be slow to anger & swift to charitie, so I wish you all well to yor homes. The end of the eight ss. of Council & Assemblie. PROVINCIAL COUNCIL. 589 MINUTES OF COUNCIL IN THE ASSEMBLIE, Anno Ri. Rs. Gulielmi terty. [14"' October, 1700. Att a Council Held att Newcastle die Lunce, 14"" 8br, 1700. present: The Honblc WILLIAM PENN, absolute proprietor of the province of pennsilvania & territories yrto belonging. Humph. Morry, Thomas Storie, Caleb pussey, Joseph Growdon, Edw'' Shippen & Griffith Owen, appearing, signified that having been of his Council, but now as by y" sheriffs of Bucks & Philadelphia Counties y"" returns will appear being chosen to serve in ass, desired a dismiss from y'' Council. The Gor told ym y' for y° psent hee did dispense w' their attendance on Council, y'they might attend in ass, but y' theraftcr, &: when the ass : was over, Hee expected yr return to yr service in Council. Adjourned to 15"" instant. [IS^'-Octob', 1700. Att a Council Held att Newcastle die Martis, 15* instant. present: WM. PENN, pror & Gor, et ysdem ut antea. Richd. Halliwell & Jasper Yeates being sent for by y® pror & Go', wer solemnlie attested, took & subt. y° Qualificaon of Counsellors, & took place att y'^ board. [16"" OctoV, 1700. Att a Council held att Newcastle die Mercury, 16'" instant. PRESENT : WILLIAM PENN, prop' & Governo'. Humph. Morrey, Caleb pussev, Jasp. Yeates. Tho. Storie, Richd. Hallwell & The pror &; Gor desired y° secrie to see if the Assemblie wer readie, who returned y' they wold forthwith wait upon him, wch they accordinglie did. The Sheriff of Philadelphia Countie his return of repsentatives for ass : was produced, qrby wer elected E"" Shippen, Gr. Owen, Rould Ellis, Isaac Norris. The Sheriff of Bucks his return was produced, qrby yr wer elect- ed Joseph Growdcn, Richd. Hough, Sam" Dark, Rob' Heaton. 50 590 MINUTES OF THE The Sherifl' of Chester his return was produced, qrby y' wer elected Joseph Baker, Sam" Levis, Natll. Newlin, Nicholas pyle. The Sheriff of Newcastle his Return was produced, qrby y' wer elected John Healie, John Grubb, Rob' French, Tho. picrson. The Sheriff of y'' Countie of kent his return was produced, qrby ther wer elected Jn" Brinkloc, Richd. Wilson, Wm. Morton, lienrio ^Molleston. The sheriff of Sussex his Return was produced, qrby ther wer elected John Hill, Tho. pemberton, Luke Watson, Jr. Tho. Fenwick. Which psons so returned appearing, subt y' qualificaon of rep- sentatives in ass. The pror & Gor desired ym to go together & choose y'' Speaker &; psent him. After some time, Joseph Growdon, accompanied by y' whole housp of repsentntivbs, appeared before y' Gor & Council, & acquainted ym y' they had chose him for yr speaker ; who, after hce had disa- bled himself by repsenting his unfittness att such a time yrfor, in their house voted y' sd election void. Wherupon, the Gor ordered y' secrie to issue a new writt, directed to y" sheriff of N. castle Countie, to sumon y' Inhabitants yrof to meet «Sc make a new choice of 4 repsentatives for Assembly the 21'' instant ; vvch hee did. The Gor ordered y' secrie to attend the Comittee of ass: appointed to revise & prepare y" Laws, & to explain to ym the observaons & alteraons y' hee & Council had made yrin. Jasp. Yeates had leave to go home till 21^' instant. The pror & Gor recomended to Tho. Storie y' Consideraons of the Laws about Testates & Intestates estates, & to make report to-morrow- morning. The Gor & Council proceeded in revising y' Laws. Adjourned to 19*^ instant. [19'" October, 1700. Att a Council Held att N. Castle die Sabbathi, 19'" instant. pkesent: WILLIAM PENN, propr. & Governo^ Caleb pussey. Rich'' Halwell, & Tho. Storie. The Gor & Council Continued to proceed in the examinaon & revising y" Laws in Order to y' amendmts yrof, both in the fore & afternoon. Adjourned to 22'* instant. 22'* October, 1700. Att a Council held att N. Castle die Martis, 22* instant. 592 MINUTES OF THE present: WM. PENN, pror. & Go', et ysdem ut antea. The Sheriff of y'' Countie of N. Castle his return of y"' late writt directed* to him by y* pror Si Gor for choosing 4 repsentatives in )''■■ sd Countie for ass: was produced, yrby it appeared y" ther wer elected Rich'' Hallwell, Jasp, Yeates, Rob' French, Jn° Healy. Then sd Rich"' Halwell & Jasper Yeates appeared bcfor y' Gor & Council, signifying y' having been of his Council, but now as by y" Sheriff of N. Castle his return appears being chosen to serve in ass, requested his dismiss from y" Council. The Gor granted yr desire during y' ss. of assemblie, but yrafter expected yr return to yr duty as Councellors to him. Adjourned to 2.3^ instant. [23^ October, 1700. Att a Council Held att N. Castle die Mercfury, 23'' instant. PSENT : WILLIAM PENN, propr. & Governo% Tho. Storie, Caleb pussej & Humphrie Morrey. The Gor & Council proceeded in the examinaon & revising the Laws, and sent y' Secrie to y" ass: wt some Bills to ym, by them to be read & amended, if they saw cause. Adjourned to 24"" instant. [24"^ October, 1700. Att a Council held att N. Castle die Jovis, 24"" instant. peesent: WM. PENN, pror & Gor, et ysdem ut antca. The pror & Gor sent for ph. pemberton, Wm. Biles & Jn" Blun- ston, who having been qualified to be of y° Council, took yr places att y* board. The Gor & Council proceeded in the examining, revising & amending y' Laws, & desired y" Secrie to cary some bills to y' ass: for yr concurrence. POST MERID. The Gor desired Tho. Storie to prepare a bill for y" regulaon of Courts in y" province & territories by to-morrow morning, and in y' PROVINCIAL COUNCIL. 593 meantime proceeded in examining, revising &; amending y° Laws, by drawing ym up into new bills for y' ass's: Concurrence. Adjourned to 25"" instant. [25* October, 1700. Att a Council Held att N. Castle die Veneris, 25* instant. PRESENT : WILLIAM PENN, pror and Governo'. Caleb pussey, Humph. Morrey, phin. pemberton, Thomas Story, Jn" Blunston, William Biles. Isaac Norris & Jno Hill, from y' ass, presented to the Gor some of y'' Bills hee had sent ym, wt some amendmts, &: twice by ym read, all wch being read & considred by y'' Gor & Council, wer sent back to y' ass; for a S'' reading ; And in y" meantime, hee & Council pro- ceeded in examining &: revising y^ Laws for y° ass's: further ease &, dispatch. Adjourned to 26"" instant. a [26"^ Octob', 1700. Att a Council Held att N. Castle die Sabbathi, 2G"' instant. PSENT : W>1. PENN, pror & Go', et ysdem ut antea. Tho. Storie exhibited to y' Gor & Council a draught of a Bill for the regulaon of Courts of Justice ; wch was begun to be read ^/ con- sidered. Edw'' Shippen & Jn" Healy psented some bills from y" ass, wch had been twice read by ym, to be considred of by y" Governor & Council. Jasper Yeates & Isaac Norris, from the ass, desired a Conference with the Council ; which was granted. The Speaker & ass: appear- ing, psented to y" Gor & Council an address, requesting him to adjourn the ass: for some time, & that ph. pemberton, Gritiilh Jones, David Lloyd &; Jn" Moore, be imployed to pcuse y'Laws now in force, in order to amend ym, &, to draw up other Bills for y' several occa- sions, &; desired his Concurrence. After readuig yrof, y' Gor told ym y' after hee. Council & ass: had agreed on y' amendments - . ,-,%'*' '-;^^\^ IAN i: INC. P OCT 88 ^^ ^V