Colonial records of Pennsylvania, Vol. I, Part 1

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 1330

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GENEALOGY 974.8 P384, 1683-1700

GENEALOGY COLLECTION

ALLEN COUNTY PUBLIC LIBRARY 3 1833 01810 3934

PENNSYLVANIA

MINUTES

2800

OF THE

PROVINCIAL COUNCIL

PENNSYLVANIA

FROM THE ORGANIZATION TO THE TERMINATION OF THE PROPRIETARY GOVERNMENT.

PUBLISHED BY THE STATE.

VOL. I.

CONTAINING THE PROCEEDINGS OF COUNCIL FROM MARCH 10:3, 1583, TO NOVEMBER 27th, 1700

Harrisburg :

PRINTED BY THEOPHILUS FENN.

1935.

Digitized by the Internet Archive in 2013

http://archive.org/details/colonialrecordsov1harr

1552899

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.

III. 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 0 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 Pennsylve- 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 of the 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, $6

Anthony Weston, sentended to be whipt,

Trial of Margaret Matson, for Witchcraft, 40

Tax proposed upon Liquors imported, 45

Complaints of aggression by the Marylanders, 61, 141

Condemnation of the ship Harp, of London,

Boundaries of Chester county, of Bucks, 78

James the Second proclaimed at Philadelphia,

Declaration of the Assembly against Nicholas Moore, 87, 88. 30

Proceedings thereon in Council, 12%

Several additional Laws promulgated,

Refusal of Council to admit William Dyer, as a member, 150

*The Charter of October 28th, 1701, will be found on page 51, vol. 2.

Commission of Provincial Judges, 69

CONTENTS.

Sundry proposals agreed on by the Assembly, 15.

Letter of Thomas Lloyd to Governor Blackwell & 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 Blunston, Thomas Usher and others, concerning the same, 221

Proceedings of Council on the subject. 221, 223

Writt of Election for members of Provincial Council, 238

Debate concerning the mode of Election, 239

Speech of Governor 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 Governor Blackwell, 260

Valedictory speech of Governor Blackwell, 270

Commissions from William Penn to the Council, 273. 274

Letter from William Penn to Council, 274

Instructions for the Government of Pennsylvania, 270

Declaration of Allegiance signed by the Council, 281

Instructions to Lacy Cock, relating to a journey among the Indians, 294

Commission to Benjamin Fletcher, constituting him Vice Ad- miral, 305

Benjamin Fletcher's Commission to Wm. Markham, constitu- ting him Deputy Vice Admiral,

311

Commission to Benjamin Fletcher to be Captain General and Governor in Chief of the Province of Pennsylvania and Country of Newcastle,

312

Benjamin Fletcher's commission to be Captain General and Governor in Chief of New York, 317

Conference between Governor Fletcher and Indians from the upper part of the river,

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, 552

356,553

Regulations of the Philadelphia market,

Proceedings of the commissioners met at New York to agree upon a quota of men and money for the defence of that province, $54 $57

Information against Ann Le Tort, 360, 361

Governor Fletcher's speech to the Assembly,

Address of the Assembly to Governor Fletcher, $63

Governor Fletcher's answer, 364

Second address of the Assembly to Governor Fletcher relative

to confirming the Laws of the province, 372

CONTENTS.

Titles of Laws in force in 1696,

375

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 Assembly Several Discourses between Governor Fletcher & commit- tees of the Assembly, 388, 339, 390, 391, 391

Examination of Ann Le Tort, 393

Petition of Philip England relative to a ferry over Schuylkill, 400 Discourse between William Markham & some Delaware In- dians, 416

Letter from Governor Fletcher to Lieutenant Governour Markham and Council, 4:7

Remonstrance of the Assembly, April 11th 1694, 490

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 ponny in the pound,

425

Governor Fletcher's speech May 20th 1694,

426

June 2d

450

June 5th

432

June 9th "

434

Remonstrance of Assembly in an wer to the Queens Letter, William and Mary's Letters patent restoring William Penn to the government of Pennsylvania,

437

Commission of William Markoam to be Governor, under Wil-

liam Penn, of Pennsylvania and Countries annexed, 438

Commission to John Goodson & Samuel Carpenter to be as- sistants,

459

Speech of Governor Markham to the council June 29th 1605,

444

to the Assembly May 20th 1635, 448

29 451

Sept. 10th 1695 455 457

Answer of the Assembly,

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 o: the road from Richard Dungworth's mill 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 raising money,

472

Order of Council relating to the petition of the inhabitants of Bucks county for a market town, 480

395

433

· CONTENTS.

Report 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

Report of the committee appointed to consider William Penn's letter, 495

Proclamation by the Governor and Council,

497

Petition of 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, &c. 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. 50$ Commission to William Massey to be Collector,

505

Letter from the Justices of Sussex county relative to a piratical vessel,

50,

Petition of John Adams relative to the seizure of his goods,

509

. Petition of David Evans,

51.

Letter from Richard Halliwell relative to James Meinzies of Boston, 528

532

Complaint of the Inhabitants of Newcastle,

Return of Council and Assembly, May 10th 1699, 536, 569

Order of Council relative to the quality and weight of bread, 553

Speech of William Penn to the Council & Assembly, 568

, Memorial of Robert Quarry against David Lloyd, 57.

: Proceedings upon the petition of Robert Turner, 581

No. I.

MEMORIAL

OF THIE

American Philosophical Society, and of the Histori- cal Society of Philadelphia.

RECOMMENDING THE PUBLICATION OF CERTAIN ANCIENT RECORDS.

To the Honorable the Senate and House of Representatives of the Commonwealth of Pennsylvania.

The memorial of the American Philosophical Society held at Phi- · ladelphia, for promoting useful knowledge, and of the Historical Society of Pennsylvania, by their committees for this purpose, spe- cially appointed, most respectfully sheweth :

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 has been had to fabulous traditions made up of fabled Hero's and Demi-gods in abundance, the offsprings of vanity and of ignorance. Of our British ancestors, nothing is known be- fore the invasion of their island by Julius Caesar, of our German forefathers, the noble defence made by the immortal 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 cradie of mankind) engages at this moment the attention of the learned of Europe. For that purpose, Asiatic societies have been formed under royal patronage, both in England and in France. The 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 an 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, where 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, 10 interrogate his most remote ancestors, and to learn from their ex- perience how to pursue good and eschew evil. He is disappointed and mortified, when instead of historical facts, he finds fabulous re- cords and incredible tales, more calculated for the amusement of children than the instruction of mankind.

INTRODUCTORY

It is the good fortune of the people of these United States, that their early history is not involved in obscurity and doubt. Although of recent origin, italready engages the attention of the learned in this country and elsewhere. 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 of 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 of 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 forever.

Among those documents the most 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 wanting 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 be 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 state, a patriotic legislature caused to be printed at their expense, the votes and proceedings of their predecessors from the time of the land- ing of the founder, and his first assembly held at Chester in 168º, 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

JII

DOCUMENTS.

to them and to the people whom they represented, comparatively im- mense, while on the contrary, your memorialists have reason to be- lieve that that of publishing the minutes of council will be but trifling, particularly if we consider 't in comparison with their importance. They hope that your honors will not show 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 the colonial government, to be the most important. They will be of the utmost interest to our descen- dants, and 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, no recourse has been had to war or to the shedding of human blood, except when we were obliged to combat them as the allies of anothor 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 worthy of publication. your memorialists do not know ; 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 of the history of our country, may know what materials exist in the possession of the government, which may 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 such measures as their wisdom shall dictate in favor of the objects of this memorial.

And they shall ever pray, &c.

For the American Philosophical Society, held at Philadelphia, for promoting useful knowledge.

PETER S. DU PONCEAU, J. FRANCIS FISHER. Committee.

For the Historical Society of Pennsylvania,

PETER S. DU PONCEAU, JOB R. TYSON, Committee.

Philadelphia, December 8th, 1836.

INTRODUCTORY

No. II. REPORT OF THE COMMITTEE OF THE HOUSE OF REPRESENTATIVES.

J. WASHINGTON TYSON, Chairman.

The Committee to whom was referred the joint memorial of the American Philosophical Society, held at Philadelphia, for promoting useful knowledge and of the Historical Society of Pennsylvania, re- commending the publication of certain public records, report:

That they have examined the subject with that attention which its importance and the character of the memorialists demand These two societies whose memorial is before the committee include a large portion of the intellect, literature and science of Philadelphia. One of them, the Historical society of Pennsylvania, has for its objects, the collection and preservation of the materials of our domestic his- tory. All know how much it has already contributed to these pur- poses and to the correction of historical errors. Its published me- moirs, attest the intelligence, industry and public spirit of its members. About twenty years ago, the Philosophical Society, added to its standing committees, a committee of history. Since thit peri d, it has embraced within the wide circle of its investigations, every thing connected with our state and federal annals. The volume published by the committe, comprising a learned correspondence between Du Ponceau, and Heckewelder. and an excellent account of the Moravian indians, by the latter, as well as the collect one which, it is under- stood, have since been made, constitute some of the Historical claims of the society. As chairman of each of the two committees who drafted the memorial before us, it is gratifying to find the name of the distinguished and venerable Du Ponceau, himself-a name of which the state, nay, the whole country, has so much reason to be proud for his great talents, deep erudition and fervent patriotism .- The memorial is therefore commended to the respectful consideration of this body, by the character of the memorialists who speak in it upon their own subject, upon one with which they may be presumed to be intimately acquainted ; and upon one of high and commanding importance to the state.

In regard to the prayer of the memorialists, your committee can- not but heartily concur in the opinion, that it is important to preserve from eventual destruction and all detriment, the records of this com- monwealth while under a colonial government, and that the safest means of effecting such preservation, is to cause them to be published and widely distributed through the state. These valuable records, are at present in a state of great insecurity, and liable to many acci- dents, any one of which may occasion their loss and total destruc- tion. To guard against such events, is therefore of the highest im- portance.

The history of a country, is all in the acts of its government. The

DOCUMENTS,

public records are the only safe materials on which the historian can- rely. Before the invention of printing, those documents could with difficulty be preserved ; they were liable to be, and immense numbers of them were in fact destroyed by fire, by foreign and civil wars by the perishable quality of their materials, and by the carelessness of those in whose custody they were placed. After the art of printing became known, the jealousy of government, prevented for a long pe- riod the publication of most important records, and the proprietary government of Pennsylvania, participated in that feeling, so that the proceedings of the colonial councils, were in a great measure consid- ered as state secrets, and accessible but to few. Before the revolu- tion, their publication could not have been permitted.

In the infancy of the Colony, when printing presses were few, and the expense of printing too great to be borne by our small and disper- sed population, even the daily proceedings of the legislative body re- mained in manuscript for the space of seventy years. It was not until the year 1752, that the legislature determined on publishing their journals; beginning with those of the first assembly, which met at Upland, now Chester, Delaware county, in the year 1682. It was a bold and an expensive project for that time, it was nevertheless un- dertaken ; the old journals were printed, and the publication continued until the period of the revolution. The whole, consisting of seven large folio volumes, is in our library at this place, and in many of the public and private libraries throughout the state, a monument of the zeal and patriotism of our ancestors.

Since the revolution, all important public documents, have been regularly published under the authority of the legislature, and the copies have been multiplied through a great number of newspapers, so that the facts which are to be the materials of our future history, are beyond the reach of any accident, above contingency, and secure from the danger of being lost to posterity.

But those of the preceding period, are still exposed to the dangers of decay, removal, mutilation and destruction. If they should happen to be lost, through the neglect of the present generation, a stigma will rest upon us, which no lapse of time can efface. The nations of Europe are at this moment strongly impressed with the necessity of preserving their ancient records, by means of the press. The go- vernment of Great Britain have, at an immense expense, commenced the publication of theirs, beginning with Dooms-day book, a record of the time of William the Conquerer, and thence proceeding through the series of past ages. Thirty two volumes of this collection have already been published ; sixteen of which are large thick folios, and no cost has been spared to ensure the accuracy of the text, and the beauty of the impression. With acommendable liberalitv, they have distributed numerous sets of this valuable collection, in America and Europe, in donations to public libraries, and learned societies, and amongst others, the American Philosophical Society, and the Library company of Philadelphia, have shared in that bounty. The latter in- stitution has received the whole collection ; and the former only part

INTRODUCTORY

of it, the remainder in England having been accidentally consumed by fire, so that it is to be begun anew. Other nations are following that example aided by Antiquarian societies, which are established in almost every large city of Europe.

The general government of the United States have not been behind hand, in adopting this mode of preserving the ancient records of our Union. They have re-published the journals of Congress under the confederation, and many other important documents ; and they have permitted individuals to have access to their records, and to take co- pies of such papers, as, being of interest, may afford a profit to the editor who devotes his time and his labor to their publication.

Some of the individual states, and the state of Maryland in particu- lar, have lately taken similar measures for discovering and publish- ing important documents, in which process they have found that a great number are irrecoverably lost. To avoid a like misfortune, your committee think it their duty to recommend the publication of . the colonial records of Pennsylvania, which are in the custedy of the Secretary of the Commonwealth. Of the importance and necessity of multiplying the copies of those valuable and curious papers, we are impressively admonished by the late fire at Washington-documents of inestimable price, both in a pecuniary and historical point of view, were, no doubt, by that event, entirely destroyed. The absence of duplicates by means of the press, renders the loss altogether irrepa- rable.

The memorialists have very properly pointed out the minutes of the proprietary councils as those that deserve to be first attended to .- Your committee, therefore recommend, that they be immediately printed, under the direction of the Secretary of the Commonwealth. The publication of other documents may be postponed until it shall be known of what they principally consist.

The memorialists have mentioned the Indian treaties as next in im- portance. What are called "Indian treaties" are conferences be- tween Indian chiefs deputed by their respective tribes, and the go. vernors of the colony of Pennsylvania, in which their mutual interests are discussed and settled. Several of those are contained in the min- utes of council, and need not be printed twice. Under the name of "Indian treaties" are also designated the deeds and convevances of lands made by Indian chiefs or land owners, to the proprietors. Of these, the late Judge Smith has given a full abstract in the second volume of his edition of the laws of Pennsylvania. It will neverthe. less be desirable that they should be published at large, as many titles to lands are derived from them, and they are moreover interesting in an historical point of view. But as the minutes of council are most important among our ancient records, your committee would recom. mend their publication in the first instance.

Your committee have not had time to inspect the public documents in the Secretary's office with that care which they desired to bestow upon them, and which would have enabled them to give to the House a clear view of their contents.

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Colonial records of Pennsylvania, Vol. I, Part 1

Author: Publication date: 1838 Publisher: [Harrisburg] : By the State Number of Pages: 1330

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 1330