USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 14
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The Assembly's Declaration against Nich. Moore, presented Mav 15, 1685, to ye President and Prov" Councill in ye Councill Chamber, by the Speaker & Members of the Assembly :
For the Speedy redress of divers Evils & Mischiefs wch this Pro- vince and Territories now Labour under, & for ye preventing the far- ther growth and Increase of ye same, & to the honour .and Safety of the Gov' and Governm' of this Province & Territoris, and by good & Welfare of ye People thereof, the freemen in Assembly now mett, doe by this their bill, shew & Declare against Nich. Moore, Pryor Judg and member of Assembly of ye Province of Pennsilvania, &c. The Misdemeanors, Offences & Crimes, and Other Matters Comprized in the Articles following; and him, y" said Nich. Moore, doe accuse of the said Misdemeanors, Offences & Crimes.
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1st. The said Nich. Moore Assumeing to himselfe an unlimitted & Arbitrary Power beyond the Prescription or Laws of this Governm', hath presumed of his owne Authority, to Send Unlawfull Writts to the Sherritl's, and to ascertain and appoint the Time of ye Prov" Cirquits without the Direction & Concurrence of ye Prov" Councill, wherby the time of their Sessions hath been Antisipated, the Severall Countys being Surprized by the Shortness of their Warning, and thereby being Impossible to give due Sumons according to Law, Either of Jurys, Wittnesses, or Persons Concerned, whereby some Persons have been forced to Irregular Tryalls, and Others absolutely denyed Justice.
2dlv. The said Nich. Moore, Judge, having that high Trust Lodged in him for the Equall Distribution of Justice, without respect of Per- sons, the said Judge Sitting in Judgem' at New Castle, hath presumed to cast out a person from being of a Jury, after ye said Person was Lawfully attested to ye True Tryall of ye Cause, thereby rending an Innocent & Lawful Person Infamous in the face of the County, by rejecting his attestation after Lawfully Taken, and Depriving the plan- tif of his Just Right.
3dly. The said Nich. Moore, Sitting in Judgm', did in ye towne of New Castle, refuse a Verdict brought in by a Lawfull Jury, and by Divers threats & Menaces, and Threatning ye Jury with ye same* of Perjury and crim of their Estates, forced ye said Jury to goe out so often, untill they had brought a Direct Contrary Verdict to the first, Thereby preventing Justice, and wounding the Libertyes of y. free people of this Province and Territories in the Tenderest point of their Privelege, and Violently Usurping over ye Consciences of the Jury.
4thly. The said Nich. Moore, although there was noe Lawfull sumons according to Law for Partys Concerned to make preparation, did Ar- bitrarily reject and Cast out the Complaint of Jno. Wooters, in New Castle Court, hereby not only Delaying but denying Justice to him, coming in a Lawfull way to Demand it.
5thly. The said Nich. Moore assuming to himselfe an Unlimitted and unlawfull Power, did, Sitting in Judgm' at ye aforesaid Towne of New Castle, wherin two persons stood Charged in a Civil action, it being in its own Nature only Trover & Convertion, and ye pretend- ed Indictm' raised it no higher, notwithstanding the said Moore did give the Judgm' of fellony, Comending the Defendent to be Publickly Whipt, & Each to be fined to pay three fould, thereby Tyranizeing over the persons, Estates and reputations of the people of this Province and Territories, Contrary to Law and Reason.
6thly. The said Nich. Moore Comanding a Witness to be' Examin- ed, did by overawing & greatly Perverting ye Sence of yª Wittnesses, Charge and Condamne the said Wittness to be guilty of Perjury, and to suffer the paines in that Case provided, & by proclamation to be for Ever rendred uncapable of being rectus in Curia in this Governm', and also fined him, Contrary to Law.
*Fame or name.
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7thly. And Wheras, the Wisdom of the Generall Assembly did Conceive the Circular Courts would be their best Expedient for End- ing all kind of Differences whatsoever, the said Nich. Moore, at ye Said Towne of New Castle, Comanding the records of ye former Cir- cular Courts to be produced, w-ch ve said Moore reading, he did in the Open Court, Censure the Judgm' of ye preceeding Judges, by Saying their Judgm' was not right, thereby Distracting ye People betwixt di- vers and Contrary Judgm3, and perpetuating Endless & Vexatious Suits.
Sthly. The said Nich. Moore, Sitting in Judgm' at Chester, did in a most Ambitious, Insulting & Arbitrary way, reverse and Impeach the Judgm' of ye Justices of ye said County Court, and Publickly af- fronting the members thercof, although the matter came not regularly before the said Circular Court, thereby drawing the Magistrates into the Contempt of ye people, and Weakening their hands in the ad- ministration of Justice.
9thly. The said Nich. Moore being Chosen as abovesaid, to be Judg of ye Circular Court according to law, weh obliges y" said Judges both spring and fall, to goe their Cirquits; and ye said Nich. Moore assuming to himselfe the power of appointing the Times, as he is the pretended Chief Judg in The Province and the Territories thereof, hath notwithstanding, Declined the two Lower Cirquits, to ya great delay of Justice and Breach of his Trust, & Mischief and Inconvenience of ye free people of ye said Lower Countys.
10thly. The said Judg Moore resolving to put no Bounds to his Violence, Ambition and Oppression, hath, to ye Dishonour of the Gov', and Contempt of ye Governmat, Declared that neither he nor his Ac- tions are accountable to ye Presid' and Prov" Councill, by Despiscing and Conteining their Orders & precepts, and Questionning and De- nying their Authority, thereby Shrowding & Protecting himselfe in all the aforesaid Violences, to the rendring the Misserys of the Opressed Intollerable & perpetuall, to the Subversion of the most Ex- cellent frame of this Governm', and the raising himselfe above the reach of Justice.
11thly. For all wch, and divers other High Crimes and Misde- meanors, the ffreemen in Assembly Mett, saving to themselves by pro- testation, the Liberty of Exhibiting now and any time hereafter any further Charge and Accusation against the said Nich. Moore, doc now Impeach the said Nich. Moore of all the foregoing Crimes and mis- demean", and humbly request the Presid' & Prova Councill that he, the said Nich. Moore, may be removed from his great Offices & Trust, and answer to the said Objected Crimes and misdemeanors.
JOHN WHITE, Speaker, in the Behalfe and by the Order of the Assembly, now mett in Philadelphia.
Tho. Holmes, Jno. Symcock, Wm. Darvall, Phin. Pemberton, are . desired to acquaint Judg Moore how that ye Declaration aforemention- ed was presented by the Speaker & Members of Assembly this Even-
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ing, and that the Councill doe request him to appear at y Councill to morrow Morning, by the Seaventh hour.
Adjourned till ye 16th 31 Mo., 85.
At a Councill held at Philadelphia The 16 31 month, 1695.
PRESENT :
THOMAS LLOYD, Presid'.
Tho. Holmes, Jno. Roads, Luke Watson.
Jno. Symcock, Wm. fframpton, Edwd Green,
Tho. Janney, Phin. Pemberton, Jno. Cann,
Nich. Newlin, Jno. Barnes,
Peter Aldrichs.
Wm. Southersby,
Jno. Blunstone & Tho. Usher Sent to this Board to desire a Con- ferance : Ordered that they shall have notice from this board wheni they are ready to Conferr w them, they having some other Buisness now upon them.
Adjourned till three of ye Clock Afternoone.
POST MERIDIEM.
Mr. Man Complayning that a Prisoner was sheltered in the Gov" house,
The Presid' asked him whether he was taken into Custody by the Order of this board or by the Assembly.
Abram Man, in behalfe of ye rest, said they did it as their own act; the Sherriff also being asked the Question, acknowleged the same.
Whereupon, the Presid' did disavow that this board did allow him in any Kind. Quest" put to Patrick Robinson what Imediato Power was used; he said the Warrant would show it, w-ch was read.
The Speaker & Assembly againc desired that the Declaration against Nich. Moore, Prvar Judge, might againe be read, wd was accordingly done; wch Was without Direction to the Councill, nor Subscribed by the Speaker or any of the Assembly, nor noe place mentioned therein.
Adjourned till 1Sh 31 Mo., 85.
At a Councill held at Philadelphia y" 18º of ye 34 month, 1685.
PRESENT :
THOMAS LLOYD, Presid'. John Cann, WVm. Southersby,
· Jno. Roads, Wm. Darvall,
Lu. Watson, Nich. Newlin,
Wm. Wood,
John Barnes. Peter Alrichs.
Wm. frampton, 'Tho. Holmes, Jno. Symcock,
Edwª Greene,
Phin. Pemberton,
Chris. Taylor.
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Tho. Janney.
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The Speaker, with ye Assembly, attended this board, & Declared that they were abused by Pat. Robinson, who said you have drawn up an Impeachin' against Pres' Moore at hab nab, for which the desire satisfaction.
The Presid' and Prov" Councill Takeing into Consideration the words Spoken by Pat. Robinson, this board Concerning the Assembly, that the Impeachm' against Judg Moore was drawn hab. nab. wen Expres- sions of his wee doe unanimously declare to be undecent, unalowa- ble, & to be disowned.
The Petition of Pat. Kenerly read, and he is referred to Tho. Holmes, W'm. fframpton & Phin. Pemberton, to End y Buisness.
Adjourned till 4 a Clock in ye Afternoone.
POST MERIDIEM.
The Presid' & Prov" Councill being mett :
Wm. Darvall desired leave to goe home, he having Extrordinary Buisness, weh was granted.
The Speaker with the Assembly, Attended this board to mage good their Allegations against Nich. Moore.
In proof of ye first Article, Especially The first Branch thereof, Viz': That is persciving to Send unlawfull Writts to the Sheriff's, &c.
The Speaker, by Consent and in behalfe of ye Assembly, assertains that Judg Moore's his Writt for holding a Prov" Court at New Castle, came to the Sherriff's hand but six days before the perfixt day for holding the Court, and by his Writt he Comands the Sheriff to Sumons all Lords of Mannors & Justices to attend the Prov" Judges, and forty Eight freemen for a grand Jury, & twenty-four for a Petty Jury; Jno. Cann declares the same; Tho. Usher declares that the Sherriff of Chester County had no time but five days before the Court was held.
for proof of the Second Article :
They Desire the Benefit of James Reads' Testimony, formerly given in.
Jno. Cann, a Memb. of Councill, declares to ve best of his know- ledge, that upon ye Objections of ye Defends, ye Court Yielded that be- fore the said James Reads was attested, he should be layd by, but notwithstanding, through some Omission, after he was attested he was laid by.
for proof of ye third Article :
John Cann further declares that he was in Court upon this Tryall when ye Jury came in, who being asked by Judge Moore whether they were all agreed, he thinks they say they were all agreed, he is not certaine; and ye Jury being asked what was their Verdict, they said Eight pounds : the Judg asked them what they meant by it : they said they found Eight pounds for the Plaintiff': Judg Moore urges there- upon, what is Eight pounds in Comparison of five hundred pounds al- ledged in the Declaration, and further said to ye Jury, this is noc Ver- dict, you most goe out and finde according to Evidence, or Else you are all perjured Persons:
Whereupon they went out, and brought in their Verdict the next morning for the Defendant, w" Costs of Suit.
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Jno. White Speaker, Declares fully w"" Jnº Cann, but further Saith that the Jury being asked by Judg Moore whether they were all and Every One agreed, & being thrice asked, they did declare they were Every One agreed, and notwithstanding, he said they must bring in an Other Verdict.
Edwd Green, a Memb. of Councill, declares that he was in Court also when ye Verdict upon ye Tryall of Abram. Man, Plantif, and Edme Cantwell, defendant, and upon the Jury's giving in their Ver- dict of Eight pounds; Wherupon Judg Moore said it was no Verdict, but they must finde ye Verdict according to Law & Evidence, soe he Sent them out, and they came into Court next morning, and after the Judg had admonished them, he asked if they were all agreed, and they said not; and he sent them back againe, requiring them to bring in their Verdict according to Law & Evidence: They went out againe and brought in for the Def', wth Costs of Suit: Wheras, it is Omitted in ye first part of this Evidence upon ye Jury's first Coming in, ye Judge asked if they were all agreed, and they said they were all agreed, and they finding Eight pounds for the plant, the Judge ask- ing them who they found Eight pounds for, they said for ye Plantif.
Adjourned till ye 19 3ª month, 85.
At a Councill held at Philadelphia The 19 th 3ª Mo., 1685.
PRESENT :
THOMAS LLOYD, Presid'.
Tho : Holines,
Nich. Newlin,
Luke Watson,
John Symcock, Jno. Cann, Jno. Roads,
Wm. Wood,
Tho : Janney, Jno. Barnes,
Wm. frampton,
Phin: Pemberton,
Pet' Aldrichs.
Wm. Southersby,
The Speaker and ye Assembly attended this board.
The Presid' & Councill having reced from ye Managers nominated by the Assembly, what proof they though well to offer to ye three first Articles, which Managers are ye Speaker, Abram. Man, Tho : Usher, Jno. Blumstone, Wm. Berry & Sam" Gray, these Persons were Con- tinued Managers for the proof of ya whole Exhibited Articles by their Own Order.
As to ye fourth Article being not so Intelligably Worded to the ap- prehension of ye Councill, y* Assembly requested by their managers that a further Explainter Sence might be admitted.
As to ye fifth Article, they urge a Record from under the Clarke of the Circular Courts hand, and in the whole say, that ye proof of the Intended Indictm' was false.
As to ye sixth Article, Jno. Cann Declared that Judg Moore Scem- ing by a Threatning word, Called Jno. Harrison to be an Evidence against Tho: Pringler & Geo: Ambler, he demanded of Harrison to declare what he knew Concerning the hogg in Question: The said
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Harrison Declared he knew nothing of the taking of ye hogg for he was at Philadelphia at ye same time: upon severall Other Questions asked him whether he had seen or Eat any of it, he Declared he had both Seen and Eat: upon that ye Jury had this in Charge, the Judge telling them it was perjury, they accordingly found the Person Guilty of Perjury.
As to the Seaventh Article, Wherin Judg Moore is accused of Judging of ye procceding of ye foregoeing Court Circular.
As to the Eight Article, Jno. Blunstone, Tho: Usher and Geo. Ma- ries, Justices of ve Peace for the County of Chester, declared That Sitting in Judicature in Chester County Court, upon an Action, Den- nis Rochford being Plant. & Jno. Hickman Def, that after Judgm' regularly obtained in that Court by ye aforesaid Plantiff, against ye Deffend', an Execution was granted & je Def Taken thereby : Yet notwithstanding ye said Nich. Moore, upon a Barc Petition of ye said Defend', he Vacated ye Judgm' and discharged ye Prisoner ; also the said Judg Moore did arbitrarily take upon him mecrly by a Petition, to Reverse a Judgm' Duly Obteined in ye County Court of Chester, by Tho: Withers, plantif, Wm. Taylor, Defend'; this was done by ye said Judg Moore ye 18 24 Mo., 1635 Last.
As to ye ninth Article, Sam" Grey and Jno. Hill allege it is apa- rent that Nich. Moore was bound in Duty to goe to ye Lower Coun- tys, to Keep the Spring Prov" Court, yet notwithstanding, Declined his Duty, to the Manifest Rewin & Disappointm' of Severall ffreemen.
As to the tenth Article, Wherby they Suggest severall Contemp- tuous &. Derogatory Expressions Spoken by Judg Moore of the Prov" Councill and of the present State of Governm' by Calling the Memb. thereof fooles & Logerheads, and said it were well if all the Laws had Drapt, and that it would never be good Times as Long as ye Qua- kers had the Administration.
Wm. Carter, & Robert Clifton & Sam" Grey, declare that Nich. Moore advised them to proteste against ye Last Promulgated Bills.
Upon ye Reading Over ye Declaraon before ve Prov- Councill by the Assembly, against Nich. Moore, and their Allegations for proof of their Articles being received by ye Clarke of ye Councill, the Assem- bly Moved that ye said Nich. Moore might be removed from all places of Trust and Power.
The Speaker being asked if they Came as an Assembly or a Co- mittee, they said they Came as an Assembly.
Upon the Peruscing of ye allegations and Testimonys given in by the Memb. of Assembly, with some of y-e Councill, in Order to prove and to make aparent ye Charge Exhibited in the Articles against Nich. Moore, one of the Prov" Judges,
The Councill Unanimously agreed and Ordered that Express notice shall be given, with all dispatcht be sent to him to signifie the sence of this board, and that he make his appearance before ye Presid' and Prov" Councill in the Councill Chamber, at three of ye Clock this af- ternoone; being the 19 Instant.
The Assembly Presented a Petition to displace Patrick Robinson from any Office of Trust & Profitt, Which Petition was read, & shall be weightily Considered and answered.
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The fifteene Laws were this day read, and twelve of them were past in ye Affirmative and three in the Negative.
Adjourned till ye 28th 34 Mo., 1685.
At a Councill held at Philadelphia The 28"h of the 3ª Mo., 1685.
PRESENT :
THOMAS LLOYD, Presid'.
Tho: Holmes, John Barnes, Wm. Frampton.
A Letter from Proprietary Penn was read, Authorizing the Presi- dent & Prov" Councill to Constitute Capt. Wm. Markham, Secreta- ry of ye Province & Territories, and also the Propor Secret", and to make Voyd all other Comissions, if any be.
Jacob Pellison & Jacob Sessarys, in Persuance of their Petion and former Order of Councill, it was referred to ye Presid' to signe ye same, they Subscribeing their Names to a Declaration Dischargeing themselves according to Law.
In Complyance w" the Gov" Instructions, Ordered that a Comission be drawn to Comissionate Capt. Wm. Markham, Secretary of ye Pro- vince & Territories, & also Secretary to ye Propor and Governor.
Instructions Sent to Capt. Wm. Markham, that he in Conjunction with the rest of ye Magistrates of ye towne & County of New Castle, to proclame James the Second King of England, Scotland, france and Ireland, &c.
Adjourned till 2ª 4" Mo., 85.
At a Councill held at Philadelphia The 2ª 4ª month, 1685.
PRESENT :
THOMAS LLOYD, Presid'.
Jno. Symcock, Wm. frampton, Wm. Markham. Wm. Clarke,
Wm. Haigue requesting a Speciall Court at New Castle: granted and Ordered that a Comission be drawn.
Ordered that Speedy notice be Sent to Judg Moore by the Clark of ye Councill, that he Desist & Cease from further Acting in any place of Authority or Judicature, till the Articles of Impeachm' Exhibited against him by the Assembly be Tryed, or Satisfaction be made to this board.
The Petition of the Assembly against Patrick Robinson being deba- ted of in Councill, upon the Consideration and perusall of ye same, Wec doc Conclude that he cannot be Regularly removed from his Clarcke's places or Office till he is Legally Convicted of ill fame, and those Crimes & Misdemean" alleged against him, which was presented to
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this board by John. White, Speaker, in behalfe of the Assembly ; and after such Conviction, it is resolved that he shall be readily Dismist from any Publick Office of Trust in this Government.
At a Councill in the Councill Roome at Philadelphia ye 11" of ye 4ª month, 1635.
PRESENT :.
THOMAS HOLMES, Presid'.
John Barnes,
Wm. Markham, Secre.
The Presid' ord' that a. Warrant be made for ye Sumonsing of Joseph Massie, Master of ye Grayhound ffly boat, to appeare before the Presid' and Councill, to answer the Complaints made by passin- gers that Came in his Ship from England and Ireland, as well for detayning or *Imbellishing Severall goods Shipt on board his said fly boat for this Province.
Adjourned till further Order.
At a Councill in the Councill Roome at Philadelphia The 13th 4th - month, 1685.
PRESENT :.
THOMAS HOLMES, Presid'.
John Barnes,
Wm. Markham, Secre.
The Petition of Zachariah Whitepaine being read, Ordered that a Warrant be made for the bringing the families therin mentioned to yª Plantation of their Imployer, Viz: Zach. Whitepaine.
Adjourned till further Order.
At a Councill held in ye Councill Roome at Philadelphia, The 18ª 4º Mo., 1685.
PRESENT:
THOMAS HOLMES, Presid'. Wm. Frampton, Wm. Markham, Secre.
The Petition of Franc. Richardson was read, desiring a Speciall. Court in ye County of Bucks, was Granted to be held ye 23ª Inst. Adjourned till Tomorrow.
*Evidently Embezzling.
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At a Councill in ye Councill Roome at Philadelphia, The 19th of ye 4ª Month, 1685.
PRESENT :
THOMAS HOLMES, Presidt.
Wm. Frampton,
Wm. Markham, Secre.
Richª Pittman's Petition against Joseph Master, M of the Ship Grayhound, being read, was Referd to ye next County Court, or to ye award of Arbitrators Indifferently Chosen.
The Petition of Jacobus Fabrisius was read, requesting the Keep- ing an ordinary : Answered they dont think fitt to grant ye Petitioner's Request.
The Petition of Humph. Davenport in behalfe of Gabriel Minveale, March, of New York, y' wee would grant him a Speciall Court to deside Differences between yesª Minvielle and Jno. Royer and Eliz. Ogle, ye Relict of Jno. Ogle, both of New Castle County, was grant- ed to be held on ye 25th Inst., at New Castle.
Adjourned till further Order.
At a Councill in the Councill Roome at Philadelphia, ye 3ª 5th month, 1685.
PRESENT:
THOMAS HOLMES, Presid'.
Chris. Taylor, WVm. Markham, Secre.
The Petition of Joseph Massey being read, Craveing a Speciall Court, was differd till to-morrow.
The Councill adjourned till to-morrow, 8 in ye Morning.
At a Councill in the Councill Roome at Philadelphia, The 4th of ye 5º Mo., 1685.
PRESENT :
THOMAS HOLMES, Presid'.
Chr: Taylor, Phin : Pemberton, Wm. Markham, Secre. Wm. Frampton,
The Petition of Joseph Massey being againe read, desireing a Spe- ciall Court at Philadelphia, was granted to be held on ye next third day, being the 7th Inst.
The Petition of Humphrey Davenport on behalfe of Gabriell Min- vielle, Merch', of New York, requesting a Speciall Court in ya Coun- ty of Philadelphia, granted to be held ye next Third day, being ye 7ª Inst.
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Information being given to this board of ye unlawfull Marriage of R' Noble, of ye County of New Castle, Ordered that ye Justices of that County have notice given by ye Secrt", to Inspect the same, and give Report thereof to this board.
The Petition of John day and Rª Orme, desireing a Justice of yª peace might be made at ye oper end of the Towne, was read.
The board reply'd they would take it into Consideration.
Motion being made to this board of a Necessity of a Comission for
a Sherriff for Bucks County,
Ordered that Nich. Walne have Comission for ye same.
Ordered that George Martin have a Comission for Sherriff of Kent County.
The Petition of Richª Ingelo Concerning his money due to him from ye Governm', was Read.
Ordered y' the Secretary make application to ye Comiss" Impow- red to dispose of Land, to Grant ye said Richª Ingelo Eight hundred Acres, for wch Each County will Pay the Gov' fiveteen pounds, all wych will be ninety pounds, the weh ninety pounds, and sixty formerly payd, will be in full satisfaction of all accounts with him.
The Petition of Wm. Daring being read for ye Release of his Serv" out of New Castle Prison,
Ordered y' the Secretary Issue forth a Warr' to ye Sherriff of New Castle County, to deliver the said Servs-to their Master, Capt. Wmn. Dearing, he giving under his hand for their appearance before ye Councill the 7th Inst., and that ye Sherriff give notice to Hanse Peter- son to be here also.
Ordered y' ye Secretary send to ye Sherriff of New Castle County, to Summonss ye Councellors that one of them be at Councill ye 10" Inst. by nine in ye morning.
The Councill finding occasion to have a watch kept in this townc, Ordered that it be recomended to ye Justices of this Towne to take care of ye samc.
Adjourned till ye 10ª Ist. by nine in ye forenoone.
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At a Councill held at Philadelphia ye 10th of yª 5ª Mo., 1035.
PRESENT:
THOMAS HOLMES, Presid'.
Chris : Taylor, Wm. frampton, Wm. Markham, Secre.
Adjourned till Three in yª Afternoone.
POST MERIDIEM.
PRESENT :
THOMAS HOLMES, Presid'.
Chris: Taylor, Wm. Wood,
John Cann,
Wm. Frampton,
Wm. Southersby,
Wm. Markham, Secre.
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The petition of Robt. Hutchinson Concerning the attachment of a horse being read, is refered to ye Beneffit of ye Law.
The Petition of John Boult being Read, against Countrey butchers bringing their meet to towne on other days than Marquett days: The answer Referred till to-morrow.
The Complaint of Wm. Dearing, MI' of ye Ship Wrenn of London, against the Illegall proceedings of the Judges Nich. Mcore & Rob' 'Turner, against his servants at ye Circular Court at New Castle, yª 1" Aprill, 1655, being read, and Hanse Peterson not appearing accord- ing to ye minutes of 4ª Inst. reply was made that John White appeared for him; upon wch John White was Called and asked if he knew any thing Why Hanse Peterson did not appear before ya Councill upon warning given him by ye Sherriff, at w-ch he produced a letter of Atturney from yes' Hanse Peterson for his appearance for him, and after much dispute about W'm. Dearing's Complaint, it was proposed that Patrick Robinson should be sent for to produce ye Records Con- cerninz Capt. Dearing's men, wherupon Wm. Dearing produced a Coppy of ye same, as he had formerly gott from Patrick Robinson, attested under his hand, wch was read; In wch there was mention made of one John Hollingsworth that had taken severall Testemonies or Evidences therein, to wch both John Cann & John White declared that there was no such person in the Countrey.
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