USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 12
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PROVINCIAL COUNCIL.
THIE TITLE CF A DECLARATION.
By Wm. PENN, Propor & Govr of ye Province of Pennsilvania & Territories Thereunto belonging : By and with ye advice & Consent ofye Prov" Councill of ye same.
Wm. Welch is granted Leave to goe home.
Adjourned till ye 12th 4th Mo., 84.
At a Councill held at Philadelphia ye 12th 4th Mo., 1684. PRESENT:
WMr. PENN, Propor and Gov".
Wm. Clark, Luke Watson, Tho : Holmes,
Wm. Clayton, Edmª 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- tee to Inspect the Virginia Laws, and to prepare such things out of them as may be Usefull for this Province, against the Next Genall Assembly.
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Ordered that Jno. Edminson & Griffith Jones, be Sent for.
Griffith Jones being attested, Saith that about ye 5" Inst., John Ed- minson said before him & others at Capt. Brigg his house, that Wm. Clark, in shoeing ve Difference between the Lord Baltemore's Gov- ernment 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 he, ye said Edminson, said that he was going to Gov Penn for Pattents for his Land in ye County of Kent, and when he had got them, he would goe to ye Lord Baltimore and gatt his Pattents for ye said Land. Jno. Edminson Stands to y' same, and Saith that Wm. Clark tould ye people that the Lord Baltemore De. nyed that Ever he had Given Out a Proclamation to Encourage ye Peo- ple to Settle at ye whore Kills, as one of his Untruths.
Ordered That there be a report made to this board of the returne of the Comiss" wch went to Kent County Concerning Wm. Darvall, and that he may have a Writing drawne to Clear him.
Joseph Bowle, 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 Sent under noe body; you have noe Warr' from Penn no my Lord; therefore, gett you gon, or Else Ile send you to
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St. Mury's ; and I being frighted, Says he, you Brozen faced, Impu- dent, Confident Dogg, Ile Sharten Penn's Territories by & by ; and the Neighbours said they saw Bowles his Land Surveyed away.
Adjourned till ye 18th 4th, 84.
At a Councill held at Philadelphia The 18th of ye 4ª Mo., 1684. PRESENT :
WM. PENN, Propor & 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 ye Difference be- tween ye Lord Baltemore & himself, desireing ye Councills approba- tion ; who approved of it, but desired that some things for ye psent might be left out.
Adjourned till ye 19" of ye 4" Mo., 84.
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At a Councill held at Philadelphia ye 19th of ye 4" month, 1684.
PRESENT :
Wy. PENN, Prop" and Gov.
Chr: Taylor, Tho. Lloyd,
Luke Watson,
Wm. Haigue, WVm. Clark,
Jno. Symcock.
Edm1 Cantwell, Wm. Clayton,
The Gov' Informes ye Councill that Wm. Darvall was much dis- satisfied at ye proceedings of ye Comiss", and desires ye Opinion of y" Councill in giving him a Clearing under ye Clarke of ye Councell his hand.
Upon Inquiry made in relation to Wm. Darvall, Concerning ye 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 Edmª Cantwell that they should draw up two Petitions ; One to ye King & One to ye Duke.
Adjourned till the 20 4" Mo., 84.
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PROVINCIAL COUNCIL.
At a Councill held at Philadelphia ye 20th of ye 4º Mo., 1684.
PRESENT :
WM. PENN, Propor and Gor".
Chr: Taylor, L. Watson, Wm. Clayton,
Wm. Haigue, Jno. Symcock, Wm. Clark.
The Petition of Geo : Thorp read; desiring a hearing before the Gov & Councill.
The Gov' desires to know if it be not Convenient to Costitute Prov" Judges 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 ye Clock in ye Afternoone, in order to his Buisness.
POST MERIDIEM.
The Petition of Geo: Thorp being againe read, The Quest. was purt 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 of Equity.
Adjourned till ye 25th 5th Mo., 84.
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At a Councill held at Philadelphia ye 25th of ye 5th month, 1684.
PRESENT :
Wy. PENN, Propor and Gov'.
Wm. Welch, 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 ye 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 ye Gov' & Councill, and all others that Sell Rum to ye Indians.
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Jno. Jones Acquaints the Councill that one Russell harbours his Negroes, and therefore beggs some redress.
MEMORANDUM : Servats Traviling wth 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 ye 26ª 5 : Mo., 1694.
. At a Councill held at Philadelphia ya 26th 5th Mo., 1684.
PRESENT :
WMr. PENN, Propor 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 Selling rum to the Indians and Other people, and Entertaining Other Per- son's Serv's, rece'd a repremand from the Gov".
A Proclamation Ordered to be Issued Out in Order to Suppress the same.
Ordered that Magistrates give Instructions 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 & Peace Makers.
Left to ye Gov" Discretion to have ye Laws & Charter printed at. London.
Magistrates to Look after the Peace of ye 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 a Charter for Philadelphia to be made a Burrough, Consisting of a Maj' and six Aldermen, & to Call to their Assistance any of y Coun- cill.
Adjourned till ye 28th of ye 5h Mo., 84.
At a Councill held at Philadelphia ye 29th of ye 5th Mo., 1694.
PRESENT :
WHI. PENN, Propor & Gov'.
Wm. Welch, Wm. Darvall,
Wm. Clark, Chr: Taylor,
Jno. Symcock, Tho : Janney,
Wm. Haigue, Wm. Clayton,
Jno. Cann,
Tho: Holmes,
Tho: Lloyd,
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PROVINCIAL COUNCIL.
The Gov' put ye Question, whether ye Gov" Charges & Expenses for 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 ve Question, y' ye 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 ve Quest: whether two-thirds or three-fourths of ye ffreewill Offering Money given to ye Gov', should be put to ye 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 yee : Past in ye Affirmative.
All that are of Opinion that ye Charges of ye Watchmen at New Castle should be payed out of ye Publick Treasury, till further Order from Prov" Councill, Say yee: Resolved in ye 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 ye 14" 6th Mo., 84.
At a Councill held at Sussex The 14th 6th Mo. 1684. 1
PRESENT :
Wy. PENN, Propor and Gov'.
Tho: Lloyd, Tho: Holmes, WVm. Darvall,
Wm. Clark, Ja : Harrison, Luke Watson.
The Differance between Luke Watson and Jno. Bellamy, touch- ing the appraism' formerly Ordered by ye Gov' & Councill. &c. The sayd Luke Watson & Jno. Bellamy agreed before ye Gor' & Councill, as followed:
That the said Luke Watson shall Continue upon ye three hundred Acres at Prime hook, wheron are his Improvem", togather with the two hundred Acres adjovning thereto; and in Consideration thereof, the said Jno. Bellamy shall have the four hundred fifty-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 ye said Lands, by Legall Conveyances, &c. And ye 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 18th of yº 6 Mo., 1684.
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At a Councill held at New Castle The 18th .of ye 6th month, 1634. PRESENT :
THOMAS LLOYD, President.
Wm. Welch, Jno. Symcock, Edmª Cantwell.
Jam : Harrison, Tho. Holmes,
A Comission from ye Gov' was read, Impowring the Prov" Councill to act in the Governmt in his Steed, Tho. Lloyd being Presid' of yª 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 6th Mo., 84.
At a Councill held at New Castle The 19th of ye 6th 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 yª Peace for Philadelphia County was read.
Wm. Clark's Gen" Comission for ye Peace was read, and filled up in Councill.
Adjourned till 24ª 6ª Mo., 84.
At a Councill held at New Castle The 24th of the 6th month, 1684.
PRESENT :
THOMAS LLOWD, 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 in the same till further Order,
Adjourned till ye 10° 7º Mo., 84.
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PROVINCIAL COUNCIL.
At a Councill held at Philadelphia the 10th of ye 7th Mo. 1684.
PRESENT :
THOMAS LLOYD, Presid'.
Tho. Holmes, John Symcock, Wm. Clark,.
Chr: Taylour, Wm. Clayton,
Edmª Cantwell,
Wm. Wood, Jam. Harrison, Jno. Cann.
Win. Welch being deceased, the Memb" of Councill for N. Castle County, Informed the Councill of ye Want of one in his place: Wherupon, the Presid' put ye Quest., whether or not there should be a Writt sent downe to Chuse a Memb. to serve in his steed : past in ye 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 ye Province, till further orther ; and that The. Person be his . Deputy for ye Time being, he receiving Instructions from ye Gen1 Surveyor. Past in Affirmative.
Information being given to this board that the Widdow Ogles' hay was thrown into ye Creek, and Andrew Stelle's Clouths Terne by Coll. Talbots' People, who did it by his Order, Edmd Cantwell and Jno. Cann were Ordered to Inspect the thruth of it, and to make a Speedy report of ye same to this board.
Adjourned till ye 11th 7th Mo., 84.
At a Councill held at Philadelphia The 11th of ye 7h month, 1684.
PRESENT:
THOMAS LLOYD, Presid'.
John Symcock, Jam. Harrison, Tho. Holmes,
Wm. Clayton, Wm. Clark, Chris. Taylor.
Edmª 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 ye removeall and Decease of ye sayd Presid', it was Unanimously agreed that New Comissions should be Issued Out.
Ordered that Notice be given to the Prova Judges, to request them to appear in Councill to Morrow, at the 9" houre.
Adjourned till y& 12 7ª Mo., 84.
At a Councill held at Philadelphia The 12th of ye 70 Mo, 1694.
PRESENT :
THO: LLOYD, President.
Jno. Symcock,
Tho: Holmes,
Wm. Clayton,
Chr: Taylor,
Edmª Cantwell,
Jno. Cann, Wm. Clark.
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Ordered that upon the Decease or Absence of ye Present President from this Province or Territories, that it shall and may be Lawfull for the Prov" Councill, upon any urgent Emergency, to meet to- gether, & Chuse a Presid' or Vice presid', as Occasion shall Offer, from time to time.
Wm. Clayton & Robt. Turner attested Justices of ye Peace, for ye 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 deccascd.
Ordered that it be referred to ye Presid' and psent Memb", to Co- missionate Treasurer if Occasion be.
The Comission of ye 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, Propery & Gov' of ye 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 ye King's Authority, derived unto me, Consti- tute you Provinciail 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 ye 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 aforcsaid, to give you ye due Obedience and respect belonging to your Station, in the Discharge of your Dutys.
This Comission to be of force duering two years Ensueing ye Date hereof, You and Every of You behaving yourselves well therein, and Acting according to ye same.
Given at Philadelphia, ye fourth of ye sixth Month, One thousand six hundred Eighty & four, being ye thirty Sixth year of ye King's Raign, & ye fourth of my Governm'.
THE SEAL .. 3 WM. PENN.
Postcrip : For ye 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 ye 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.
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PROVINCIAL COUNCIL.
Ordered that Wm. Clark, Jno. Cann, Edmd Cantwell, Peter Al- drichs, and Jno. Williams, or any three of them, Strictly Inquire into the Nature and Truth of ye Information, and Transcefer an acco' there- of to ye Presid', or in his absence to Tho : Holmes.
Ordered in Councill, that ye 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 ye Councill, proceed to act therin w." Prudence, Law and Discretion, according to ye Necessity of ye Matter, and that an account of ye same be reported to ye next Coun- cill.
Adjourned till ye 14th 8th Mo., 84.
At a Councill held at Philadelphia The 14th 8th Mo., 1684.
PRESENT :
THOMAS LLOYD, Presid'.
Thom: Holmes, Luke Watson, Wm. Clayton. Wm. Haigue,
The Ship Called the harp, of London, Robt. Hutchins Master, being 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 & desireing Judg- ment against the said Ship.
Monsieur Dethees, Master, Alias Pilot, appearing in person in Coun- cill, produced a Past under the hands of the Comiss" of London, and Seal of the Custom house, dated ye 9th May, 1634; but positively de- clared 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 Employed to dispose of the Charity given to some french Protestants of good Quality, bound for Penn- silvania, did Solicite at ye sª 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 in 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 thev, that Shee was an Unfree Ship.
The board upon hearing of the whole matter, and all that could be alleged in behalfc of said Ship, It is ye 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 belonging :
Information being made to this board by Sam" Land, that a Cer- taine Ship called the harp, of London, Lately arrived with Passingers
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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 ye Eighth Mo., 1684, And by the Ingenious Confession of the Master, who Termes himselfe Pilot of ye said Ship, who produced a Pass under the hand of ye Comiss" & Scale 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 Duthecs 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, Edwd Hunter, and Jeffery Johnson, of ye sª Ship being called, and personally appearing in Councill, did declare Joynily & Severally, that they knew nothing of her being an unfree Ship untill they came to Barnegatt's, where they then heard that shee was an- Unfree Ship; and Sam" Land being prosecutor, Desireing Judgint, the President and Prov" Councill upon hearing of ye whole matter & all that could be alleged in behalfe of ye said Ship.
Have and doe adjudg and Condemn ye Said Ship as aforesaid, for- feited according to Law, the 14th of the 8th month, 1684; and Comiss™ being respectively appointed for ye View, apraisem' & sale of ye said Ship, wth Tackle, apparrell & Amunition, &c. did accordingly, between ye hours of three & five of the day in ye afternoone, being the 14 of the 8 month, 1684, 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 Lawfull Owner of ye said Ship:
THOM. LLOYD.
Adjourned till 224 8ª Mo., 84.
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At a Councill held at Philadelphia ye 22ª of ye 8th Mo., 1684.
PRESENT:
THOMAS LLOYD, Presid'.
Wm. Clark, Tho : Holmes, Luke Watson,
Wm. Clayton, Wm. Haigue, Pet' Alrichs.
Ordered that John Songhurst, Wm. East, Thom : Taylor, apraise ye french Ship wª is forfeited, and make returne fourthwith to this board.
Ordered that James Claypoole, Sam} Carpenter, & Wm. framp- ton, be Comiss to Dispose of ye french Ship fourthwith.
*Should be third.
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PROVINCIAL COUNCIL.
Ordered that Wm. Darvall, Grunadus Wessel, Jno. Brigs & Dan" Jones, have Comissions for Justices of the peace for Kent County.
Ordered that Yeter Alrichs, Rob' Owen, Edmd 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 Edmd Cantwell was read, and the Councill Ex- prest their unwillingness to take Cognizance thercof, 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 wf all Expedition, a Coppy of the appeal, Judgm' Bond and Execution, wth the Declarion Plea and Verdict Entred & Issued out against the Complainant.
Adjourned till 24 8° Mo., 1684.
At a Councill held at Philadelphia y 24th of y 8th Mo., 1684.
PRESENT:
WM. 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 ye 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 Gov" Warrant, Wee having Sent to Tho: Holmes to put ye 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 doc ;
These are therefore, to will and require Thee fourthwª to Survey, 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 ye said Towns Ship, and Soe up N. N. W. till you come to ye full Extent on that side, and soc onwards untill the said Warrant be Accomplished, by a Square of tenn or twelve miles, or any Quantity that may be Conteined in the same, according to ye Treu Intent and meaning of y^ Gov" Warrant.
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James Harrison and Jno. Symcock were Ordered to Discourse Tho. Holmes Concerning Ralph ffretwell.
Adjourned till 25 8 Mo., 84.
At a Councill held at Philadelphia ye 25th S Mo., 1684.
PRESENT:
THO: LLOYD, Presid'.
Jam. Harrison, Luke 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 Seale by ye Propror & 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 ye Gorernm', Disreputation of themselves, to ye Vacuating and Insecurity of such acts & Judgment of ye said Courts, & Consequently by the Intrench- ing of one Court upon ye Matters Cognisable by an other Judica- ture, Annimositys, Disrespect and Confusion may be introduced.
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