USA > Pennsylvania > Colonial Records of Pennsylvania Volumes 1 > Part 27
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On examination of his own confession it appears, That he rose at 3 O'Clock in the Morning, opened the back door & let out a Hes- sian Baker, & a Servant to assist him in bakeing Bread, according to his custom ; that he did not again lock the door, but went to bed; That he rose early in the Morning & went to Market & left the Kitchen door unlocked, depending on the Centry at the door for the safety of the Prisoners.
Ordered, That the Sheriff, now present, take Will'm Immell into his Custody, & him safely keep until he shall be further examined by this Council.
The Sheriff having informed the Council that a certain Caleb Johnson of this Borough, Dealer, had yesterday received MoKin- ley's Horse from a certain Rob't Spear,
Ordered, That the said Caleb Johnson be immediately arrested & brought before the Council, & thereupon a Warrant was issued for that purpose, and Caleb Johnson being brought before the Coun- cil, & declaring that he had delivered the said Horse to Christian Foutz, Esq'r, of this Borough, the said Foutz being sent for, report was made by the Constable that Mr. Foutz was not at home; the account that is given by Caleb Johnson not being satisfactory,
Ordered, That Caleb Johnson be committed to Goal until further examination be had before this Council.
Ordered, That Christian Foutz, Esq'r, be arrested & brought be- fore this Council, there appearing sufficient reason to suspect that he was concerned in assisting the said. Brooks & Mckinley in their escape from the Prison of this County.
· Ordered, That Rob't Spear be arrested & brought before this Council, to account for his conduct in the aforesaid transaction, ro- specting Mckinley's Horse.
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. Ordered, That the Secretary do call on Mich'l Hillegas, Esq'r, Treasurer of the Continental Congress, now in the Borough, & re- quest him to Pay to the Secretary the Sum of Fifty Thousand Dol- lars, & take the said Secretary's Receipt for that Sum, as part of Two hundred thousand Dollars ordered by Congress to be paid to John Gibson, Esq'r, to this Council, & by them endorsed to Dav'd Rittenhouse, Esq'r, Treasurer of the State, for which said Sum this Council will account to Mr. Rittenhouse, as part of the said order of Congress.
Mr. Hillegas having sent forward the Money, this order was not complied with.
Rich'd McAllister, Esq'r, Lieut. of the County of York, having requested to be supplied by the hands of Mr. Tho's Amor, with a further Sum of Money, for the purpose of sending out the Militia of that County ; thereupon,
An order was drawn on John Gibson, Esq'r, in favor of the said Rich'd McAllister, for the Sum of Four thousand Dollars, & for- warded the same to him by the hands of Mr. Thomas Amor.
The Council met.
LANCASTER, Monday October 6, 1777.
PRESENT :
His Excell'y THO'S. WHARTON, jun'r, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President. Jacob Morgan, John Proctor, Esq'rs. Jonathan Hoge, &
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Robert Spear being before the Council & examined, it does not appear that he had any knowledge of the design of supplying Mc- Kinley with a Horse to make his escape upon, the Secretary reports that Mr. Hilligas having sent forward the Money to York Town, could not comply with the order of Saturday last.
His Excell'y The President reports, that John Gibson, Esq'r, had paid into his hands the Sum of twenty-eight thousand Eight hundred & Two Dollars, in part of the last order of Congress on him for Two hundred Thousand dollars, in favor of this Council, & that he had deposited the same in the hands of the Secretary.
Ordered, That Fifteen Waggons be ordered from the County of Northampton, to Trenton or Bristol, to bring away some Indigo & other public property now lying there under the care of John M. Nesbitt, Esq'r, The Speaker of the Hon'ble House of General As- sembly, informed the Council that a Committee was appointed to confer with Council on the present State of Public Affairs, & desired to know when they may attend.
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Ordered, That the Hon'ble the Speaker be informed that the Council are now ready to receive the Committee of the House, and Mr. Bayard, the Speaker, Mr. Parker, Colonel Kirkbride, Doct. Gardner, Colo. Davis, Mr. Cuningham, Mr. McClean, & Mr. Whitehill, a Committee of the Hon'ble House of General Assem- bly, attended in Council.
The Council Met.
LANCASTER, Tuesday October 7, 1777.
PRESENT :
His Excell'y THO'S WHARTON, Jun'r, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President. Jacob Morgan, Jonathan Hoge, & ? Esq'rs. John Bailey, John Lowdan.
The Council took into consideration the present State of our public affairs, & Spent the greatest part of the day thereupon ; in the Evening the Committee appointed by the Hon'ble House to confer with Council, again attended the Council in conference, & spent some time with the Council.
The Council met.
LANCASTER, Wednesday October 8, 1777. PRESENT.
His Excell'y THOS. WHARTON, jun'r, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President. Jacob Morgan, Jonathan Hoge, & { Esq'rs. John Bailey, John Lowdan.
The Council resumed the consideration of the Business under Consideration with the Committee of the Hon'ble House of Gen . eral Assembly.
Colo. Hart took his seat in Council.
An order was Drawn on Dav'd Rittenhouse, Esq'r, Treasurer of the State, in favor of Colo Clerke, Paymaster of the Militia for the County of Cumberland, for the Sum of Eight thousand Dollars, for which he is to account.
An order was drawn on Dav'd Rittenhouse, Esq'r, Treasurer of the State, in favor of Philip Marstiller, Esq'r, Paymaster of the Militis of Lancaster County, for the Sum of four thousand Dollars, for which he is to Account.
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The Council met.
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LANCASTER, Thursday Octo'r 9, 1777.
PRESENT : His Excell'y THO'S WHARTON, jun'r, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President. John Bailey, John Lowdan, & )
Jacob Morgan,
Jos. Hart. Esq'rs.
Jonathan Hoge,
An order was drawn on Dav'd Rittenhouse, Esq'r, Treasurer of the State, in favor of Colo. Lollar, for eleven days' service in sur- veying the ground near the River, for the Sum of Eloven Pounds for said service.
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The Council met.
LANCASTER, Friday October 10, 1777.
PRESENT :
His Excell'y THOS. WHARTON, jun'r, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Jacob Morgan, John Lowdan, &
John Bailey, Jonathan Hoge,
Jos. Hart.
Esq'rs.
An order was drawn on Dav'd Rittenhouse, Esg'r, Treasurer of the State, in favor of Will'm Henry, Esq'r, Lieut. of the City of Philadelphia, for the Sum of Two Thousand dollars, for which he is to account.
Colo. Boyd, Sub-Lieut. of the County of Chester, now applying for Ammunition, to be put into the hands of the Militia of that County, for their immediate defence,
Ordered, That Maj. Wirtz supply Colo. Boyd with Ammunition, to be by him put into the hands of the Militia of Chester County, for their immediate defence.
Ordered, That the Militia of the fifth Class of the County of Chester, be employed in defending the inhabitants from the ezour- sions of the Enemy, & that the Lieutenant use his utmost endea- vours to mount fifty of the Militia on Horseback, for the same por- pose.
An order was drawn on Dav'd Rittenhouse, Esquire, Treasurer of the State, in favor of Colo. Boyd, Lieut. of the County of Chester, for One thousand five hundred dollars, to be charged ty Colo. Smith, for which the said Colo. Smith is to account.
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The Council met.
LANCASTER, Saturday October 11, 1777.
PRESENT : His Excell'y THO'S WHARTON, jun'r, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President. John Bailey, Jonathan Hoge, & Jacob Morgan, John Lowdan. Esq'rs.
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An order was drawn on Dav'd Rittenhouse, Esq'r, Treasurer of the Stato, in favor of Styner & Cist, for the Sum of One hundred and Seventy five Pounds, to be charged to their account.
The Council met.
LANCASTER, Sunday October 12, 1777.
PRESENT : His Excell'y THO'S WHARTON, jun'r, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Jonathan Hoge,
Jacob Morgan, & Esq'rs. John Lowdan.
And adjourned 'till to-morrow Morning
The Council met.
LANCASTER, Monday October 13, 1777.
PRESENT : His Excell'y THO'S WHARTON, jun'r, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President. John Bailey, Jonathan Hoge, &
Jacob Morgan, John Lowdan. Esq'ra.
An order was drawn on Dav'd Rittenhouse, Esq'r, Treasurer of the State, in favor of Colo. Will'm Coats, Lieut. of the County of Philadelphia, for the Sum of One thousand Pounds, for which he is to account.
An order was drawn on Dav'd Rittenhouse, Esq'r, Treasurer of the State, in favor of Fred'k Snyder, for Two Reams of Paper & three Boxes, for the Sum of Eight Pounds five Shillings, being the purchase of the same.
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An order was drawn on Dav'd Rittenhouse, Esq'r, Treasurer of the State, in favor of Colo. Jos. Kirkbride, for the Sum of Two Thousand dollars, for which he is to account ..
The Council met.
LANCASTER, Tuesday October 14, 1777.
PRESENT :
His Excell'y THO'S WHARTON, Jun'r, Esq'r, President. The Hon'ble GEORGE BRYAN, Esq'r, Vice President.
John Bailey, Robt. Whitehill,
Jonathan Hoge, Jonathan D. Serjeant, & Esq'rs.
Jacob Morgan, Jac'b Orndt.
That Mr. Cunningham be requested to purchase as many Blan- · kets as he can procure, & for this purpose,
An order was drawn on David Rittenhouse, Esq'r, Treasurer of the State, in favor of Sam'l Cunningham, Esq'r, for the Sum of One thousand Dollars, for which he is to account.
John Swiney, a private of Capt. Thompson's Company, in Colo. Hazen's Regiment, having made his escape, was examined, & per- mitted to pass to Tyrone Township in York County, to return to Camp in fifteen days from this date.
The Council met.
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LANCASTER, Wednesday Octo, 15, 1777. PRESENT : ·
His Excell'y THO'S WHARTON, jun'r, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President. Jacob Morgan, Rob't Whitehill, { Esq'rs. Jonathan D. Serjeant, Jacob Orndt.
Colo. Miles Attended & requested that Colo. Pipers' family may be furnished with his Pay, as they were in necessity, & no Pay. master now on duty, and also requested that some Money may be advanced to Colo. Atlee's Lady, agreeable to an order from him.
Ordered, That the Sum of Two hundred Pounds be paid to Colo. Miles, to be by him paid to Colo. Piper's Lady, & charged to Colo. Piper, and accordingly,
An order was drawn on Dav'd Rittenhouse, Esq'r, Treasurer of the State, in favor of Colo. Sam'l Miles, for the Sum of Two hun- dred Pounds, to be charged to Colo. Miles.
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And an order was drawn on Dav'd Rittenhouse, Esq'r, Treasu- rer of the State, in favor of Colo. Sam'l Miles, for the Sum of Two hundred Pounds, for the use of, and to be charged to Colo. Atlee.
An order was drawn on Dav'd Rittenhouse, Esq'r, Treasurer of the State, in favor of John Morris, jun'r, Esq'r, for the Sum of Sixty Pounds, for his services in prosecuting in behalf of the State at several Courts.
An order was drawn on Dav'd Rittenhouse, Esq'r, Treasurer of the State, in favor of the Hon'ble John Lowdan, Esq'r, for the Sum of Fifty Pounds Sixteen Shillings & Eight Pence, for thirty- five days attendance in Council, & Mileage on one hundred and seventy miles.
Mich'] Renthart was sent express to Head Quarters.
The Council met.
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LANCASTER, Thursday October 16, 1777. PRESENT :
His Excell'y THO'S WHARTON, jun'r, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Jacob Morgan,
Jonat. D. Sergent, &
John Bailey, Rob't Whitehill, Esq'rs.
Jonathan Hoge,
An order was drawn on Dav'd Rittenhouse, Esq'r, Treasurer of the State, in favor of Colo. Tho's Cheny, Sub-Lieutenant of the County of Chester, for the Sum of Two thousand Dollars, to be Charged to Colo. Smith, Lieutenant of the said County, for the purpose of Paying Substitutes & purchasing Blankets, for which Sum he is to account.
The Secretary laid before the Council a receipt signed by Dav'd Rittenhouse, dated the 14th ins't, by which it appears the Secre- tary had paid
Dollars.
To Rich'd Humphreys, by order of Council, 9,995
Wm. Clarke, Paymaster of Cumberland County Militia, 8,000
Ph'p Marsteller, ditto of Lancaster County Militia, 4,000
The said Dav'd Rittenhouse, Esq'r, Treasurer of the State, the Sum of 6,807
. Amounting to the Sum of 28,802
Which is equal to the Sum paid into his hands by His Excell'y Tho's Wharton, jen'r, Esq'r, President, on the 6th instant.
VOL. XI .- 21.
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The Council met.
LANCASTER, Friday October 17, 1777. PRESENT : His Excell'y THO'S WHARTON, jun'r, Esq'r, President." Hon'ble GEORGE BRYAN, Esq'r, Vice President. Jonathan Hoge, Jacob Morgan, & John Bailey, ! Esq'rs.
An order was drawn on Dav'd Rittenhouse, Esq'r, Treasurer of the State, in favor of Stephen Sutton, for the Sum of Seven Pounds Ten Shillings, for his service riding express to Head Quarters.
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FOR THE
STATE OF PENNSYLVANIA.
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IN COUNCIL OF SAFETY FOR THE STATE OF PENN- SYLVANIA :
FRIDAY, October the 17th, 1777.
PRESENT :
His Excellency the President, Honorable Vice President, Mr. Bailey, Mr. Hoge, Colonel Morgan, Mr. Whitehill and Mr. Sor- geant.
The following Proclamation having been Read and considered; Thereupon,
Ordered, That the same be published in the following words, viz :
"By the Council of Safety of the Commonwealth of Pennsylvania :
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"A PROCLAMATION.
" WHEREAS, The Representatives of the Freemen of the Com- monwealth of Pennsylvania in General Assembly met, in and by a certain Act made and passed at Lancaster, the thirteenth day of this instant, October, entitled "An Act for constituting a Council of Safety and vesting the same with the powers therein mentioned," have enacted and declared as follows, viz :
" Whereas, 'The British Troops have penetrated into this State, and after much devastation and great cruelty in their progress, have seized the Metropolis : And Whereas, in times of such danger and confusion, the ordinary powers of Government cannot be regu- larly administered, more especially as the term for which the present Legislative Body of the Commonwealth have been chosen, will speedily expire; whereby evil-minded persons may be encour- : aged by open or secret practices to assist the common Enemy, and further to distress the good people of this Commonwealth; For prevention whereof, it hath become necessary, for a limited time, to vest fit persons with summary and adequate powers to punish offen- ders and restrain abuses :
" Be it, therefore, enacted, and it is hereby enacted by the Rep- resentatives of the Freemen of the Commonwealth of Pennsylvania, in General Assembly met, And by the Authority of the same, That the members of the Supreme Executive Council of this State, together with John Bayard, Jonathan Sergeant, Jonathan B. Smith, David Rittenhouse, Joseph Gardner, Robert Orndt, Curtis Grubb, James Cannon and William Henry, of Lancaster, Enquires,
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vastation and oppression of her cruel enemies, that we may again see good days, and enjoy the inestimable blessings of liberty and peace.
Given at Lancaster, the 17th day of October, in the year of our Lord, 1777."
In Council of Safety.
LANCASTER, Octo'r 17th, 1777.
Ordered, That Colonel Bartram Galbraith, Lieutenant of the County of Lancaster, be empowered to collect all the Blanketts for the Sick which can be spared by the inhabitants, and that he em- ploy such persons for this purpose as he may think proper.
Ordered, That John Hobson, Ludwig Lowman and William Hamilton, Esquires, be appointed to Value on Oath, such blankets as may be taken and collected in consequence of the foregoing order.
In Council of Safety
Saturday, October 18th, 1777.
. PRESENT :
Excellency President, Mr. V. President, Colonel Morgan, Mx - Bailey, Mr. Hoge and Mr. Hart, Mr. J. D. Serjeant, Mr. Grabb Mr. Whitehill.
In Council of Safety.
TUESDAY, October 21st, 1777.
PRESENT :
His Excellency the President, Honb'e Vice President, Col. Morgan, Col. Hart, Mr. Bailey, Mr. Hoge, Mr. Serjeant and Mr. Henry.
Ordered, That Colonel Evan Evans, Colonel William Evans, Col. Thomas, Col. Gibbons, Captain Thomas Levis, Capt. William Brooks, and Capt. Jacob Rudolph, be authorized and required to collect with. .. out delay, from such of the Inhabitants of Chester County.asi taken the Oaths of Alleganco and abjuration, or who I assisted the Enemy, Arms and Accoutrements, blan] stockings, for the use of the Army ; the
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not at any time hereafter be liable to any suit, action, or prosoou- tion, for anything done in pursuance of this Act or . the powers hereby given and granted, but that they and each of them, shall . be collectively and severally indemnified, saved harmless, and dis- charged of the same, and that all suits, actions and prosecutions shall be barred, abated and discontinued, by the Court before whom the proceedings shall be brought.
" And be it further Enacted by the Authority aforesaid, That the . Supreme Executive Council of this State, may at any time during the continuance of the powers and authorities hereby granted, by Proclamation or other public act, renounce, determine and extin- guish the same, and every part thereof, and that thereupon the said powers and every of them, shall cease and become void, and be no longer exercised and enforced.
" Provided lastly, That the powers hereby given and entrusted to the said Council of Safety, shall continue and remain in force, (un- less otherwise sooner determined) to the end of the next sitting of General Assembly, and no longer.
" We therefore, the Members of the said Council of Safety, being convened in pursuance of the said Act of General Assembly, do give this Public notice of our said appointment, hereby Requiring all manner of Persons, as well officers Civil and Military as others, to Govern themselves according to the just laws of this Commonwealth, and the necessary provisions which have or shall be made for the protection thereof, in this time of Public danger and Calamity .- We do also most expressly charge and Require, that all persons do utterly forbear from furnishing the Armies or Fleets of the King of Great Britain with provisions or other necessaries or aid, and from transporting or carrying the same provisions or other necessa- ries aforesaid, to any City, Town or place in the power or possession of the said Fleet or Armies, most eernestly entreating them to save us the Irksome task of punishing them with immediate death, as their crimes deserve. And, we do most solemnly charge and com. mand all Forestallers and Ingrossers of provisions and other neces- saries, by whose most horrible and pernicious practices and exam- ples we are threatened with want in the midst of plenty, that they ` do wholly cease and abstain from preying on the necessitous, abus- ing the Publick, and aggravating the distresses of their Country, lest they be overtaken in their Iniquities, and dealt with according to their demerits. And it is Recommended to all persons possessed of Provisions and other necessaries, cautiously to avoid selling the same to such forestallers and ingrossers, but to dispose of them for the use of the American Army, or to persons who may be in want of them for their own immediate use, at a Reasonable price, other- . wise this Council must interpose their Authority to prevent and Re- dress such abuses. And all the good people of this Commonwealth are called upon and invited to Join with us in the most speedy and Vigorous exertions for Rescuing this State from the Tyranny, de-
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vastation and oppression of her cruel enemies, that we may agria Dep good days, and enjoy the inestimable blessings of liberty and pasce.
Given at Lancaster, the 17th day of October, in the year of our Lord, 1777."
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In Council of Safety.
LANCASTER, Octo'r 17th, 1777.
Ordered, That Colonel Bartram Galbraith, Lieutenant of the County of Lancaster, be empowered to collect all the Blanketts for the Sick which can be spared by the inhabitants, and that he em- ploy such persons for this purpose as he may think proper.
Ordered, That John Hobson, Ludwig Lowman and William Hamilton, Esquires, be appointed to Value on Oath, such blankets as may be taken and collected in consequence of the foregoing order.
In Council of Safety.
Saturday, October 18th, 1777.
. PRESENT :
Excellency President, Mr. V. President, Colonel Morgan, Mr. . Bailey, Mr. Hoge and Mr. Hart, Mr. J. D. Serjeant, Mr. Grabb, Mr. Whitehill.
In Council of Safety.
TUESDAY, October 21st, 1777.
PRESENT :
His Excellency the President, Honb'e Vice President, Col. Morgan, Col. Hart, Mr. Bailey, Mr. Hoge, Mr. Serjeant and Mr. Henry.
Ordered, That Colonel Evan Evans, Colonel William Evans, Col. Thomas, Col. Gibbons, Captain Thomas Levis, Capt. William Brooks, and Capt. Jacob Rudolph, be authorized and required to collect with- out delay, from such of the Inhabitants of Chester County as have not taken the Oaths of Alleganoo and abjuration, or who have Aided or assisted the Enemy, Arms and Accoutrements, blankets, shoes and. stockings, for the use of the Army; that they appraise the same when
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taken, according to their Quality, allowing at the Rate of three pounds for a new single blanket, and give certificates for the same to the owners; That they call to their Aid the Militia of this Com- monwealth, who are hereby ordered to obey and assist them in the execution of this Order, and that they deliver the same so taken to the Order of the Clothier General, or his Agent, with whom they are to correspond in the discharge of this business.
Ordered, That Colonel Bartram Galbraith, Major Cook, Captain George Franciscus, and Captain Craig, be appointed for the same purposes, and with the like instructions & Authority, in the County of Lancaster.
The following Ordinance being Read and Considered, Viz't :
" WHEREAS, divers of the inhabitants of this Commonwealth, not Regarding their duty to the State, but Renouncing their Alle- giance thereto, and disclaiming the protection thereof, have wicked- ly joined themselves to our unnatural Enemies, giving to them aid and assistance by furnishing them with provisions and otherwise, thereby contributing as far as in them lies, to increase the distresses of their injured Country; and whereas, it is highly unjust and Re- pugnant to the practice of all Nations to protect and preserve the property of their avowed Enemies ; Therefore,
Be it Ordained, Resolved and declared, and by Virtue of the powers and Authorities to us committed by the Legislature of this State, it is, by the Council of Safety of the Commonwealth of Pennsylvania, hereby ordained, Resolved and declared, that all and every the personal Estate and effects whatsoever of such of the Inhabitants of this Commonwealth as have, or hereafter shall abandon their Families or habitations, & Joined the Army of the King of Great Britain, and of all such as shall Resort to any City, Town or place within this Commonwealth in possession of the Troops or Armies of the said King of Great Britain, carrying to them Provisions, or that shall otherwise afford to them such pro- visions or intelligence or other Aid, shall be seized upon and safely Kept by the Commissioners hereinafter Appointed, for the use and purpose herein after declared, and all sales and alienations thereof, and of all or any of the Real Estates of such Offenders in the mean time made by them, or any of them, their, or either Agents, Factors, or Attornies, are hereby declared to be null and void, to all intents and purposes whatsoever ; And be it further Resolved, ordained and declared, by the authority aforesaid, that the Commissioners for the Respective Counties hereinafter appointed, or any or either of them, shall and may, with all convenient speed after the Publication of this Ordinance, seize upon and into his or their Custody, and make a true and perfect inventory of all the personal Estate and effects of every such Offender, and dispose of all the. perisbable part thereof, and at his or their discretion, convey away and Re- move to places of safety, sell, or otherwise dispose of, where it may
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be necessary, all such goods and effects of the said Offenders au they shall apprehend to be in danger of falling into the hands of the Enemy, and the said Monies and Goods so by them taken or Received, the said Commissioners are Required to Retain and keep safely, subject to the future disposition of the Legislature of this Commonwealth, Keeping true Accounts of their proceedings, and Receiving for their trouble, over and above their Costs and charges, at the Rate of five @ centum. And the said Commissioners are hereby also further directed and enjoined, with all convenient speed after the making such inventory and sale or sales as aforesaid, to deliver, on Oath, to the 'Treasurer, a true Copy of such Inventory or account of sales.
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