USA > Pennsylvania > Colonial Records of Pennsylvania Volumes 1 > Part 49
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Ordered, That Commodore Hazlewood do immediately send two Gallies down the River as far as the Town of Newcastle upon De- laware, & there stop & detain such Vessel as may appear with a Flag, until further orders, & that he thereupon send one of the Gal- lies or a guard boat up to give information to Council of his pro- ceeding herein.
Permission to Mrs. Yard to return to Philadelphia. Mrs. Yorke & Mr. Sewell the Younger.
The Council met.
PHILADELPHIA, Saturday October 17, 1778. PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
John Mackay, Jacob Arndt, & l
Joseph Hart, Tho's Urie, Esq'rs.
Returns of the Election for the Counties of Philadelphia, Bucks & Berks, Vizt :
For the County of Philadelphia-Councellor, Joseph Reed, Esq'r ; Sheriffs, James Claypoole & Christopher Ludwig; Coro- ners, Robert Jewell & William Moulder.
For the County of Bucks-
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For the County of Berks-Councellor, James Read, Esq'r, Sher- iffs, Henry Haffa &. Philip Creamer ; Coroners, James Whitehead & John Spohn.
Robt. Smith, Esq'r, Sheriff of the County of Chester, presented a return of the Election of the said County; and Col. Taylor & others also presented a return of the Election of the said County of Chester, in opposition to the return given in by the Sheriff.
The Council taking into Consideration the return of Sheriffs & Coroners for the County of Bucks,
Ordered, That John Thompson, Esq'r, be appointed Sheriff of the County of Bucks, and Will'm Hart, Coroner; and that they respectively be Commissioned accordingly.
John Thompson, Esq'r, offering to the Council John Wilkinses & Gerardus Wynkoop as Securities for the faithful performance of his duty as Sheriff, the same are approved of.
Caleb Davis, Esq'r, Prothonotary of the County of Chester, ap peared in Council & informed that Charles Dilworth, one of the Sheriffs Elect, now attended & prayed to be Commissioned as Sheriff of the said County ; & that he, the said Dillworth, offered Col. John Hannum & Col. Taylor as security for the faithfal dis- charge of the Office of Sheriff; & the said Davis, as Prothonotary, informed the Council the said Surety was in his opinion good & sufficient.
Council received a Resolve of Congress, dated the 16th inst., re- lating to an attempt of the Commissioners of the King of Great Britain to spread seditious Papers under the sanction of a Flag; & the same being read,
Ordered, 'That agreeable to a Resolve of Congress of the 16th instant, Commodore Hazlewood be directed to send immediate orders to the officer commanding the Gallies now down the River, to take up & secure in safe & close custody all & every person & persons who, under the saction of a Flag, or otherwise, may be con- sidered or engaged to bring certain Seditious papers, under. the name and title of Manifestoes, & to bring them, with their Vescols, to this City, and report the same to Council.
The Council met.
PHILADELPHIA, Monday October 19, 1778. PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President. Jos. Hart, Tho's Urie, &
John Mackay, John Hambright, ŞEsq'ra.
Jacob Arndt,
An order was drawn on the Treasurer in' fatur of Lieu. Herman Stout, of the 10th Pennsylvania Reg't, or his order, for the Sua
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of Six Hundred Dollars, for the Recruiting Service, to be charged to his account.
Return of the Elections for the County of Northampton being read,
On consideration,
Ordered, That Jonas Hartzel, Esquire, be appointed Sheriff of the County of Northampton, & that he be Commissiomed accord- ingly. James Hartzel, Esq'r, proposes Peter Sipe & Jacob Hart- gel, as Sureties for the faithful performance of his office as Sheriff of the said County; & the Council approve of the same.
Ordered, That Philip Bohm be appointed Coroner of the County of Northampton, & Commissioned accordingly.
An order was drawn on the Treasurer, in favor of Mr. Thomas Nevill, or his order, for the Sum of Two Hundred Pounds, to be charged to his account.
The intelligence from the City of New York, lately received, leaving no room to doubt that they are about to make some important movement,
Ordered, That Major Gen'l Armstrong be directed to repair im- mediately to this City, to take upon him the Command of the Militia, in case of an invasion.
Ordered, That the Lieutenants of the Counties of Philadelphia, Chester, Bucks, & Lancaster, & of the City of Philadelphia, be or- dered to hold the Militia of their respective Counties in readiness to March at the Shortest notice, Viz :
Philadelphia County 3; Bucks 3; Chester 3; Lancaster 2 ; Berks 2 ; Philadelphia city 2.
Ordered, That the Lieutenant of the County of Northampton be empowered & ordered to draw out two Classes of the Militia of the said County, in case of attack by the Indians.'
.Ordered, 'That the Treasurer be directed to send William Henry, Esq'r, of Lancaster, the Quarter Master's Certificates paid into the Treasury by Colo. Bartram Galbraith, and that Mr. Henry be re- quested to call on the Deputy Quarter Master in that Burrough for Payment thereof; the Money, when received, to be by him paid into the Treasury; And if any difficulty should arise in con- sequence of the said certificates being assigned to Colonel Galbraith, that Mr. Henry call on Colo. Galbraith for his assistance in recov- ering the same.
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The Council met.
PHILADELPHIA, Tuesday October 20, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, Thomas Urie, & John Hambright, Esq'rs.
John Mackay, Jacob Arndt,
An order was drawn on the Treasurer in favour of Will'm Arm- strong, Paymaster at Billingsport; or his order, for the Sum of Five Hundred Pounds, to be charged to his account.
An order was drawn on the Treasurer in favour of William Lit- tle, for the Sum of Four Pounds Seven Shillings & Six Pence, for work done on board the Brig Convention.
The Council Met.
PHILADELPHIA, Tuesday October 20, 1778, P. M.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, Thos. Urie, & -
John Mackay, John Hambright, Esq'rs.
Jacob Arndt,
The return of the Sheriffs elect for Berks County being read & considered, Henry Haffa is appointed Sheriff of said County for the . ensuing Year. Henry Haffa offers for his securities for the faithful performance of the Office of Sheriff of the County of Berks, Jacob Shoemaker, Esq'r, & Daniel Hunter, of Oley, Husbandman; and they are approved of by Council.
The return of the Coroners elect for Berks County being read and considered, James Whitehead, Esq'r, is appointed Coroner of said County for the ensuing year.
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The Council met.
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PHILADELPHIA, Wednesday October 21, 1778 .. PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Jos. Hart, Tho's Urie, &
John Mackay, John Hambright, Esq'rs.
Jacob Arndt,
. Return of Election for the County of York by the Sheriff, & an- other by several of the Judges. ·
On Consideration,
Ordered, That James Claypoole, Esq'r, be appointed Sheriff of the City & County of Philadelphia, and that Robert Jewell be ap- pointed Coroner of the said City & County, and that they respec- tively be Commissioned accordingly.
On Consideration,
Ordered, That William Rowan, Esq'r, be appointed Sheriff of the County of York, & that he be Commissioned accordingly.
William Rowan offers John Finley & Matthew McCall as sure- ties for his faithful performance of the duties of his Office as Sheriff of the County of York, & the same are approved of.
The Council took into Consideration the Election for Justices in the district of New Providence, Limerick, Perkiomen, and Skippack Townships ; and thereupon,
Ordered, That David Kennedy be appointed a Justice of the Peace for the County of Philadelphia.
Everhart Michael, one of the Agents for Seizing of forfeited Es- tates, being lately deceased ;
On Consideration,
Ordered, That Charles Hall, of the Borough of Lancaster, Silver- smith, be appointed one of the Agents for Seizing of forfeited Es- tates in the County of Lancaster.
A Pass to Mrs. - Ross & her Children, Mrs. Mrs. Anne Grimes.
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MINUTES OF THE
The Council met.
.
PHILADELPHIA, Thursday October 22, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President. Jos. Hart, Tho's Urie, & John Mackay, Jacob Arndt,
John Hambright, Esq'rs.
An order was drawn on the Treasurer in favor of Philip Boehm, Paymaster of Militia of the County of Northampton, or his order, for the Sum of Three thousand Pounds, for the purpose of Paying the Militia, & to be charged to his account.
Ordered, That Friday the Sixth day of November next, be ap- pointed to hear the Claims of the parties concerned in taking James Fitzpatrick, the noted Robber lately executed at Chester.
That the reward of One thousand Dollars may be paid, accord- ing to the Proclamation of the Council in that case.
The Council met.
PHILADELPHIA, Friday October 23, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Jos. Hart, Tho's Urie, &
John Mackay, Jacob Arndt,
John Hambright, Esq'rs.
The Council took into consideration the Case of John Roberts and Abram Carlisle, now under sentence of death, & the transcripts of their Conviction being read, & also divers Petitions on their be- half being read & considered, Vis :
" Philadelphia County ss.
" Be it remembered, That at a Court of Oyer & Terminer & Gen- eral Goal delivery, held at Philadelphia, for the County of Phils delphia, the Twenty-first day of September, in the Year of our Lord one thousand seven hundred and seventy-eight, before the Hon'ble Thomas Mckean, William Augustus Atlee & John Evans, Esq'rs, Justices of the Supreme Court of the State of Pennsylva- nia, & Justices assigned by Letters Patent of the President and Supreme Executive Council of Pennsylvania, under the great Seal of the said State, made to them, the aforesaid Justices, or any two of them, to enquire fully, by the Oath & Affirmation of good & law-
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SUPREME EXECUTIVE COUNCIL. .
ful.Men of the County aforesaid, by whom the truth of the matter might be the better known, of Treasons, Murders, & such other Crimes as by the Laws of the Commonwealth of Pennsylvania are made Capital or felonies of Death, & to hear and determine the said treasons, & other the Premises, according to Law, & to deliver the Goal of the said County of all the Prisoners in the same Goal, being by the Oath of James Young, Esq'r, John Moore, Faq'r, Plunket Fleeson, Esq'r, Seth Quee, Esq'r, James Hunter, Esq'r, Robert Curry, Jacob Laughlan, David Snyder, Rudolph Heff, Wil- liam Ball, Joseph Dean, Francis Hassenclever, John Purviance, Benja. Loxley, John Dorsey, & Thomas Cuthbert, & by the Solemn, Affirmation of Zebulon Potts, Esq'r, & Thomas Pryor, good & law- ful Men of the County aforesaid, impannelled, sworn, affirmed and charged to enquire for the said Commonwealth, & the Body of the said County:
"It is presented, That John Roberts, late of the County of Phila- delphia, Miller, being an inhabitant of & belonging to & residing within the State of Pennsylvania, and under the protection of its Laws, & owing Allegiance to the same State, as a false Traitor against the same, not having the fear of God before his Eyes, but being moved & seduced by the instigation of the Devil, the fidelity which to the same State he owed, wholly withdrawing, & with all his might intending the Peace and tranquility of this Common- wealth of Pennsylvania to disturb, & War & Rebellion against the same to raise & move, & the Government & Independence thereof, as by Law established, to subvert, & to raise again & restore the Government & Tyranny of the King of Great Britain within the same Commonwealth, on the first day of January, in the Year of our Lord one thousand seven hundred & Seventy-eight, & at divers days & times, as well before as after, at the City of Philadelphia, in the County aforesaid, maliciously & traiterously, with a great number of 'Traitors & Rebels, whose names are as yet unknown to the Jurors, being armed & arrayed in a hostile manner, with force & Arms, did falsely & traiterously assemble & join himself against this Commonwealth, & then & there with force & Arms, did falsly & traiterously, & in a Warlike & hostile manner, array & dispose himself against this Commonwealth, & then and there, with force and Arms, in pursuance and execution of such his wicked & traiterous intentions and purposes aforesaid, did falsly and traiterously pro- paro, order, wage and levy a public and cruel war against this Com- monwealth, then and there committing and perpetrating a miserable and Cruel slaughter of and amongst the faithful and Leige subjecta and inhabitants thereof, and then and there did, with force and Arms, falsiy and traiterously aid and assist the King of Britain, being an Enemy at open War against this State, by joining his Armice, to Wit; his army under the Command of Gen'l Sir Wil- liam Howe, then actually invading this State, and by serving the mame 'Army as a Guide, and by inlisting and by procuring and per-
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suading others to enlist for that purpose, and then and there ma- liciously and traiterously, with divers other Traitors, to the Jurors unknown, with force and Arms did combine,.plot and conspire to betray this State, and the United States of America, into the bands and power of the King of Great Britain, being an Enemy, at open War against the same, and then and there did with force and Arms maliciously and traiterously give and send intelligence to the same Enemies for that purpose, against the duty of his allegiance, against the form of the Act of Assembly in such case made and provided, and against the Peace and Dignity of the Commonwealth of Penn- sylvania :
" Whereupon, the Sheriff of the County aforesaid, is Com- manded that he take the said John Roberts, if he may be found in his Balliwick, & him Safely keep, to answer to the Treason whereof he stands indicted ; And afterwards, to Wit : at the same delivery of the Goal of the County aforesaid, before the said Jus- tices of the Supreme Court of Pennsylvania, on the Thirtieth day of September, in the Year aforesaid, here cometh the said John Roberts, under the Custody of James Claypoole, Esq'r, Sheriff of the County aforesaid, (in whose Custody in the Goal of the Coun- ty aforesaid, for the Cause aforesaid, he had been before Commit- ted,) being brought to the Bar here in his proper person, by the said Sheriff, to whom he is here also Committed ; And forthwith being demanded concerning the Premises in the said Indictment, how be will acquit himself thereof; he saith that he is not guilty thereof, & thereof for good & Evil he puts himself upon the Country ; And Jonathan Dickinson Serjeant, who prosecutes for the Commonwealth aforesaid, in this behalf, doth the like ; therefore let a Jury there- upon come here immediately, before the said Justices of the said Supreme Court, by whom the truth of the matter may be the better known, and who are of no affinity to the said John Roberts, to re- cognize upon their Oath whether the said John Roberts be guilty of the Treason in the Indictment aforesaid above specified, or not guilty; because, as well the said Jonathan Dickinson Serjeant, who . prosecutes for the said Commonwealth in this behalf, as the said John Roberts, have put themselves upon that Jury; And the Jurers of the said Jury, by the said Sheriff for this purpose impanelled and returned, to Wit: William Adcock, Isaac Powell, David Pancoast, John Steinmeitz, Andrew Forsyth, Andrew Burkhard, John McNeel, William Rigden, John Drinker, James Hood, James Barns & Thomas Corgee, being called, come, who being elected, tried, sworn & afirm- ed to speak the truth of & concerning the Premises, upon their Oaths & Affirmations respectively, do Say : That the said John Roberts is guilty of the Treason aforesaid on him above charged, in form aforesaid, as by the Indictment aforesaid is above supposed against him, & that the said John Roberts, at the time of the com- mitting of the said Treason, or at any time since to this time, bad not nor hath any Goods or Chattles, Lands or Tenements, to the
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SUPREME EXECUTIVE COUNCIL.
knowledge of the said Jurors ; And upon this it is forthwith de- manded of the said John Roberts if he hath or knoweth any thing to say, wherefore the said Justices here ought not, upon the Premi- ses & verdict aforesaid, to proceed to judgment; who nothing further saith unless as he before had said; Whereupon, all & singular the Premises, being seen, & by the said Justices here fully understood, It is considered by the Court here that the said John Roberts be hanged by the Neck 'till he be dead !
" A true Transcript of the Record. -
(Signed.)-"EDW. BURD, Cl. Cur." 1
- 1
" Philadelphia County, 88.
" Be it remembered, That at a Court of Oyer & Terminer & General Goal delivery, held at Philadelphia for the County of Philadelphia, the Twenty-first day of September, in the Year of our Lord, One Thousand Seven hundred & Seventy-eight, before the Hon'ble Thomas M'Kean, William Augustus Atlee & John Evans, Esq'rs, Justices of the Supreme Court of the State of Penn- sylvania, & Justices assigned by Letters Patent of the President & Supreme Executive Council of Pennsylvania, under the great Seal of the said State, made to them, the aforesaid Justices, or any two of them, to enquire fully, by the Oath & Affirmation of good & lawful Men of the County aforesaid, by whom the truth of the Matter might be the better known, of all Treasons, Murders, and such other Crimes as by the Laws of the Commonwealth of Penn- sylvania are made Capital, or Felonies of Death, and to hear and determine the said Treasons, and other the Premises, according to Law, and to deliver the Goal of the said County of all the Pri- soners in the said Goal ; being by the Oath of James Young, Esq'r, John Moore, Esq'r, Plunket Fleeson, Esq'r, Seth Quee, Esq'r, James Hunter, Rob't Curry, Jacob Laughlin, David Snyder, Ru- dolph Neff, William Ball, Joseph Dean, Francis Hassenclever, John Parviance, Benjamin Loxley, John Dorsey, & Thomas Cuthbert, and · by the solemn Affirmation of Zebulon Potts, Esq'r, & Thomas Pry- or, good & lawful Men of the County aforesaid, impanelled, sworn, affirmed & charged to enquire for the said Commonwealth & the body of the said County : It is presented, That Abraham Carlisle, late of the City of Philadelphia, in the County of Philadelphia, Carpenter, being an inhabitant of, & belonging to & residing with- in the State of Pennsylvania, & under the protection of the Laws, & owing Allegiance to the same State, as a false Traitor against the same, not having the fear of God before his eyes, but being moved & seduced by the instigation of the Devil, the fidelity which to the same State he owed wholly withdrawing, & with all his might intending the peace & tranquility of this Commonwealth of
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Pennsylvania to disturb, & War & Rebellion against the same to raise & move, & the Government & Independence thereof, as by law established, to subvert & to raise again de restore the Govern- ment and Tyranny of the King of Great Britain within the same Commonwealth, on the first day of January, in the Year of our Lord One Thousand Seven hundred & Seventy-Eight, & at divers days &o times, as well before as after, at the City of Philadelphia, in the County aforesaid, with force & Arms, did falsly & traiterously take a Commission or Commissions from the King of Great Britain, & then & there, with force & Arms, did falsly & traiterously, also take a Commission or Commissions from Gen'l Sir William Howe, then & there acting under the said King of Great Britain, & under the authority of the same King, to-Wit: a Commission to watch over & guard the Gates of the City of Philadelphia, by the said Sir William Howe erected & set up, for the end & purpose of keeping de maintaining the possession of the said City, & of shutting out de excluding the faithful & liege inhabitants & Subjects of this State & of the United States, from the same City, & then & there also maliciously & traiterously, with a great multitude of Traitors & Rebels against the said Commonwealth, (whose names are as Jet unknown to the Jurors,) being armed & arrayed in a Hostile man- ner, with force and Arms, did falsly & traiterously assemble & join himself against this Commonwealth, & then & there, with force & Arms, did falsly & traiterously, & in a Warlike & Hostile manner, array & dispose himself against the said Commonwealth, & then & there, in pursuance and execution of such his wicked & traiter- - ously intentions & purposes aforesaid, did falsly & traiterously pre- pare, order, wage and levy a public and cruel War against the said Commonwealth, then and there committing and perpretrating a miserable and cruel Slaughter of and amongst the faithful and liege inhabitants thereof, and then and there did, with force and Arms, falsly and traiterously aid and assist the King of Great Britain, being an Enemy, at open War against this State; by joining his Ar- mies, to-Wit : His Army under the Command of Gen'l Sir Wil- liam Howe, then actually invading this State, and then and there maliciously and traiterously, (with divers other Traitors, to the Jurors aforesaid unknown,) with force and Arms did combine, plot and conspire to betray this State and the United States of America into the hands and power of the King of Great Britain, being s foreign Enemy to this State and the United States of America, at open War against the same, and then and there did, with force and Arms, maliciously and traiterously did give and send intelligence to the same Enemies for that purpose, against the duty of his Alle- giance, against the form of the Act of Assembly in such case made. and provided, and against the Peace and Dignity of the Common- wealth of Pennsylvania.
" Whereupon, the Sheriff of the County aforesaid, is commanded that he take the said Abraham Carlisle, if he may be found in his
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SUPREME EXECUTIVE COUNCIL. 605
Bailiwick, & him safely keep, to answer to the Treasons whereof he stands indicted ; And afterwards, to Wit : at the same delivery of the Gaol of the County aforesaid, before the said Justices of the Supreme Court of Pennsylvania, on the Twenty-fifth day of Sep- tember, in the Year aforesaid, here cometh the said Abraham Car- lisle, under the Custody of James Claypoole, Esq'r, Sheriff of the County aforesaid, (in whose Custody, in the Gaol of the County aforesaid, for the cause aforesaid, he had been before Committed,) being brought to the Bar here in his preper person, by the said Sheriff, to whom he is here also Committed; And forthwith being demanded concerning the Premisses in the said Indictment above specified & charged upon him, how he will acquit himself thereof: he saith, ' that he is not guilty thereof, & thereof for Good & evil, he puts himself upon the Country.' And Jonathan Dickinson, Ser- geant, who prosecutes for the said Commonwealth in this behalf, doth the like. Therefore, let a Jury thereupon come here immediately be- fore the said Justices of the said Supreme Court, by whom the truth of the matter may be better known, & who are of no affinity to the said Abraham Carlisle, to recognize upon their Oath, whether the said Abraham Carlisle be guilty of the Treason in the Indict- mont aforesaid above specified, or not guilty, because as well the said Jonathan Dickinson, Sergeant, who prosecutes for the said Commonwealth in this behalf, as the said Abraham Carlisle, have put themselves upon the said Jury. And the Jurors of the said Jury by the said Sheriff for this purpose impanelled & returned, to Wit: John Palmer, John Lynn, Isaac Powell, Cadwalader Dickin- son, Philip Clumberg, Thomas Shields, Jacob Urie, David Kees, Thomas Goucher, Thomas Palmer, John Drinker, & Matthew Jackson, being called, come, who being elected, tried, sworn & affirmed to speak the truth of & concerning the Premises, upon their Oath & Affirmation, respectively do say: 'That the said Abraham Carlisle is guilty of the Treason aforesaid on him above charged, in form aforesaid, as by the Indictment aforesaid is above supposed against him; And that the said Abraham Carlisle, at the time come the committing the said Treason, or at any time since to this time, had not nor hath any Goods or Chattles, Lands or Tenements, to the knowledge of the said Jurors.' And upon this it is forthwith demanded of the said Abraham Carlisle, if he hath or knoweth any to say, wherefore the said Justices herc ought not, upon the Premises and Verdict aforesaid, proceed to Judgment; who nothing further saith, unless as he before had suid. Where- upon, all & singular, the Premises being seen, & by the said Jus- tices here fully understood, It is considered by the Court here that the said Abraham Carlisle be hanged by the Neck 'till he be dend.
" A true Transcript of the Record.
(" Signed,)
"ED'W BURD, CI. C'ur."
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Ordered, That John Roberts & Abram Carlisle be, agreeable to the sentence of the Court, executed on Wednesday the fourth day of November next, & that a Warrant be issued for this purpose ac- cordingly.
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