USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 15
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John White made several objections against that Record of ye Cir- cular Court, as ye manner of ye Indictm' and ye Judgm" upon them, but they asked wether Hanse Peterson would be satisfied if he were paid for ye Single Hogg, he answered in ye Affirmative.
Then he was desired to withdraw: then the Councill began to Con- sider wt to doe; some doubting his last answer, would have John White Called againe, and being asked whether Hanse Peterson would be Contented to have only ye reall vallue of one hogg paid him for all his demands, Viz': twenty and three Shillings, he answered he would; then absented.
The Question being put whether the Sentence of ye Judges against Jno. Harrison, Tho. Pringle & Geor. Amble, Imprisoned for Hogg steeling, should be remitted, it was past by ye Major Vote.
Adjourned till 7ª The next morning.
At a Councill held at Philadelphia ye 11th of ye 5th month, 1685.
PRESENT :
THOMAS HOLMES, Presid'.
Chris: Taylor, Wm. frampton, Jno. Cann,
Wm. Southersby, Wm. Wood, Wm. Markham, Secre.
The Gov" Comission to Impower ye Councill to Chuse President out of themselves, in ye absence of Thom. Lloyd, was Read : Ordered to be Recorded.
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PROVINCIAL COUNCIL.
The Question was put by the Presid', whether ye Cause formerly depending between Hanse Peterson in behalfe of ye King, Gov' and himselfe, (so worded in ye Record's of ye Prov" Circular Court,) & John Harrison, Tho. Pringle & George Ambler, wch had a hearing at ye last Circular Court held at New Castle, shall have a full hearing at this board or not ;
It was agreed by all it should.
Ordered that ye Secretary send a Warrant directed to ye Sherriff's of ye four opper Countys, personally to summons all the members of Councill for their respective Countys, to be at Councill on the 28th Inst.
Capt. Wm. Dearing Comand' of ye Ship Wrenn of London, Inters into recognizance of Twenty pounds for ye bringing his two Serve John Harrison & Tho. Pringle, before this board ye 23" Ins', and from thence not to depart till by order of ye board.
Ordered yt ye Secretary Send a Summons to Hanse Peterson to appeare in Person before this board ye 28'h Ins', upon ye penalty of ye forfeiture of one hundred pounds upon failure :
And that ye Secret' send an Order to ve Sherriff of New Castle County, to deliver unto Wm. Dearing his Serv', Geo. Ambler, to be brought before ye Councill ye 23" Inst., ye which Serv' was mentioned to be delivered to his said Master by warr' from this board, dated ye 4th 5th month, 1685, as being one of ye Servants mentioned therein, but was not delivered accordingly.
The Petition of Sam" Carpenter was read, Concerning an Execu- tion he had against Socyety and James Claypoole, being mentioned therein, it being obteined at a prov" Circular Court Signed by John Eckley, one of ye Judges. James Claypoole was sent for and ve Peti- tion was read to him, to wch he made answer that he had appealed to England, but Sam" Carpenter denyed it to be an appcale, since there was no Security given. Jam. Claypoole made answer that he was ready to give security. The Execution was ordered to be read, the web being denyed by James Claypoole to be an Execution, Patrick Robinson, ye Clarck of ye Prov" Circular Court, was sent for, who produced the Records of the said Court, wherein ye Judges allowed an appeale to England upon Security given ; bat no security being given, a Judgm' was Issued out against ye Society. Jam. Clav- poole desired ye Councill would take his Security. The Councill refused, Denying it should be given out of that Court ye action was tryed in.
Sam" Carpenter Complayning that ye Execution was signed but by one of y& Judges, Viz': Jno. Eckley, and y' Wm. Clark was y' other Judge, and y' he had refused to sett his hand to it, notwithstand- ing he had given his Judgm' for it in Court.
Ordered y' the Secre. send a Summons to Wm. Clark to appeare before this board ye 28ª Inst., to give his reason why he refused to signe ye Execution against the Society, he being one of ye Judges of that Court, and past his Judgm' in Court for it, or to send his rea- sons up under his hand, by y" aforcesaid day.
The Petition of Wm. Southersby, who wish Wm. Berry were by
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appointm' of ye Gov', administrat" on ye Estate of francis Whitwell, deceased, was read, Requesting the Councill would give them reasona- ble satisfaction for their paines and troubles ; and y' secing ye debts are more then the Estate can bare, desires how the widdow shall be disposed off, and whether any of the Estate may be reserved for her.
Answer: When ye accounts are brought in ye Councill will Con- sider of it.
Adjourned till ye 28th Inst.
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The 21th of ye 5 month, 1685.
Severall Indians made Complaint to ye Secre of abuses thev receiv- ed from ye servants of Jesper ffarmer, at ye said Jesper ffarmer's Plantation, Viz *: their makeing ye Indians drunk, then Lying with their Wives, and of their beating both men and their wives. The Secretary tould them by the Interpreters, Lacy Cock, that ye Coun- cill would sitt on ye 28 Inst., and desired they would be there then, and ye Serv's should be sent for ; but they telling him they could not Stay so long from hunting, but desired it might be on ye 24" Inst, and then they would taulk about ye Land not yett bought. The Secre- tary Sent a Summons to ye Serv's by ye Sherriff, to appeare ye afore- said 24th day, dated ye 21s Inst, and likewise sent a Lett' to Capt. Holmes, Presid' of ye Councill, to acquaint him of it, date ye 22ª Ins', sent by ye Sherriff to Capt. Holmes' plantation.
The 23" of ye 5th Mo., 1685.
Capt. Wm. Dearing, M' of ye Wrenn of London, desired of y. Secret' two Summonses, one for Robert White, ye other for Rob'Rob- erts, to appeare before ye Councill y' 23th Inst, as witnesses on his behalfe, in ye differance between his serv and Hanse Peterson ; was done & Entered.
The 24h of yª 5th Mo., 1685.
Wm. Haigue Request ye Secret" that a hue and Cry from East Jersie, after a servant of Mr. John White's, March' at New York, might have some force and authority to pass this Province & Terri- toryes; the Secretary Indorsed it and Scaled it with y" Scale of ye Province.
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PROVINCIAL COUNCIL.
The 27" 5" Mo., 1685.
The Indians y' made Complaint against Serv" of Jasper farmer, on y- 21" Ins', and appoynted ye 24" for a hearing before ye Councill, the Indians mistooko ye Day, & came not till ye 25th Ins', and ye Sherriff Messenger, with ye Summons to Jasper farmer's Ser- vants, Loosing his way in ye woods, returned without Summonsing them to appear, upon both wch Disappoyntments, the Indians Conclu- ded to appear ye 28 Ins', and accordingly ye Secretary sent a Sumons to John Skull. overscer to Jasper ffarmer's Serv", for him and ye Serv' to appeare, Especially John Below.
At a Councill in the Councill Roome at Philadelphia ye 233 5ª Mo., 1685.
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PRESENT :
THOMAS HOLMES, Presid.
Wm. fframpton, Jno. Cann,
Nich. Newlin,
Jno. Symcock, Tho : Janney, WVm. Markham, Secre.
Maj. Dyer Came to ye Councill, and tould yt he presented himselfc before them according to his Instructions to take an oath, as that had directed him to doe before he Entred into his Office of ye King's Col- lect' of his Customes in Pennsilvania, and turned to y' Clause in his Instructions & ve Secret"" read it to ye Councill, with his Comission from ye Comiss" of ye Customes, and ye Coppy of ye Lords to them to grant it, Coppys of we both were left.
The Councell tould him it was against their methods to take an Oath, but if he pleased to be attested, according to ye Laws of the Province, they would attest him: he made answer, he understood that before, and Expected no otherways, for it was what he had done in East Jarsey. Then he was attested thus:
Thou dost Solemnly declare in ye Presents of God, and before this board,that thou will truly and Justly performe ye office of ye King's Co- · lecti of his Customs in yª Province of Pennsilvania, according to ye In- structions he Received from y" Comiss" of his Majesty's Customes.
Maj'. Dyer produceda Coppy of y King's Proclamation Concerning the Plantion trade, wch was read and left with ye Councill.
His Comission for Survey" Gen" of his Maj" Collonys and Planta- tions in America was read, and ye Coppy Leit.
Then was Read Maj. Dyer's Instructions both for Survey' Genall of all his Maj's Collonys & Plantations in America, & for Collec" of Ca- saria, Pennsilvania and New Jarsey. In one Paragraph of his In- structions for Collector, he was directed to leave the Coppy of them wtb ye Gov", for wch he desired at present to be excused, he being in great haste going to New Yorke, and they would take up much time Coppying, but Intended shortly here againe, then would present them with one.
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MINUTES OF THE
Maj'. Dyer brought with him before ye Councill one Christopher Snowden, telling them that he intended to make him his Deputy Ser- cher and Wayter of his Majts Customes in Pennsilvania, and desired he might be attested accordingly, to performne his office as usuall, wca was don.
A Letter from Wm. Clark, no date, in answer to a Summons sent to him baring date ye 11th 5 month, 1685, was read.
Sam" Carpenter being present, who desired ye Opinion of ye Coun- cill whether James Claypoole ought now to give in Security and ap- peale for England or not: if he ought, he desired it might be done forthwith, for there he said he hoped to have some redress; or if of ye Contrary opinion, begg'd that he might have Speedy redress here. Then Sam" Carpenter was asked whether any body had Refused to Execute that Execution : answered no, for he had not tryed any with it yett.
Then ye Councill gave their Opinion that Wm. Clark's letter Con- firmed yt Execution, he only objecting against ye Wording it, the wch in his Sense, seemed to be as well against James Claypoole as against ve Goods of ye Society, wch to them appeared otherwise, Viz': that James Claypoole was only mentioned therin as ye Person y managed ye Cause for ye Society.
Sam" Hersent, ye Sherriff, being at ye Doore, the Councill Called him in & asked him if he refused to serve ye Execution of Sam" Car- penter against ye Society; who made answer he never saw it.
John Skull appeared with ye Servants of Jasper ffarmer, according to a Summons bearing date ye 27th Inst., but ye Indians being drunk in ve woods, & the Servants declaring they were affraid to gor home before ye Buisness was Ended, ye Councill ordered they should Stay in Towne till ya next day, when ve Indians were to be in Towne to Receive pay for ye Land bought of them.
Adjourned till Three in ye afternoone.
POST MERIDIEM.
PRESENT :
THOMAS HOLMES, Presid'.
Wm. fframpton,
Edwª Green, Nich. Newlin,
Jno. Syıncock, Jno. Barnes, Wm. Markham, Scere.
John Can, Tho. Janney,
Wm. Dearing being called, desired leave of the board that Charles Pickerin might speake for ye Servants, wch was granted. The Councill requested y' ye Secretary give a Comission to Sam" Carpenter, By ye Virtue of his Comission to be Deputy Threasurer.
A Letter was Read by ye Presid', Directed to him from John Rich- ardson, desireing Capt. Holme to Recomend him to ye Councell to be High Sheriff of Kent, in the Roome of Rich. Micheall, lately deceased, but was refused by all.
A Letter was Read directed to ye Councill from John Brinklow, Vm. Clark, Wm. Berry and Wm. Wimsmore, Recomending Gco. Iarton for ye place of High Sherriff of Kent County, in ye roome of
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PROVINCIAL COUNCIL.
Rich Michcall : Consented to, & Ordered that a Comission be drawne accordingly, to be in force a Yearc, or till further Order.
Ordered that Rich Ingelo bring the Bookes, w" all ye papers rela- ting to ye Minute or Journall of this Councill. or that any wayes Con- cernes us.
The Buisness of Win. Dearing's Servants and Hans Peterson being called,
Appeared Wm. Dearing, Hanse Peterson, and ye three Serv". Charles Pickerin allowed by ye request of Wm. Dearing to speake for the Seryt; and John White, by request, was allowed to speake for Hans Peterson.
John White being asked what he had to say against the Serv" of WVm. Dearing, Said that they were noe Defend's, for yt they were well satisfycd wth.ye Judgm' the Court had given against them, and there- fore, they expected a Charge from them ; and that if Hanse Peter- son should give a Charge against ye Serv", he was not prepared with his Evidences, not knowing that it would be tryed over againc. And Hans Peterson himself said, that notwithstanding he endeavourcd to bring his Wittnesses but they refused to Come, and he knew not how to force them, being Ignorant of ye Way, since a Justices Summons was not a Sufficient Warr' for appearance before ye Councill.
Then Charles Pickering did allcadg y' ye Serv' were Trappand by Hans Peterson, who some dayes before yª Court,bidd them not appear there, promising them not to appcar to prosecute them, by w> deceit they were unprovided for a deffence.
John White made answer that that could not be, for y' Hans Peter- son was bound in bonds not to prosecute them.
To prove Charles Pickerin's allegations :
Rob White was called for and attested to declare what he knew of ye matter ; who said yt in his hearing Hanse Peterson tould Wm. Dearing, that he would Cleer them and bring them off, and yt he need not to appeare. Hansc Peterson desiring he should be asked what time it was he heard him so, made answer he had forgott, but as well as he can remember, it was about six days before ye Court.
Then falling into a Contraversic about ye Legallity of ye Indictment, wch was grounded on ye 96 and 164 Chapt in ye Laws, it was ordered to be Read, and approved of.
Charles Pickerin desired Wm. Dearing should be attested to declare that Hans Peterson had said to him about his servants.
The Councill ordered them to withdraw, and then debated whether y& M being Concerned, should be attested as an Evidence.
They gave their opinions he should be attested, wch was accordingly don ; and then declared y' Hans Peterson seeing him look angerly, bid him not be angry, for that he would bring his Servs off, and yt he was sorry for what he had done, & y' it was don in his Passion.
Edwd Green was attested to Declare what he knew of yª Matter, declared :
That some Time last Winter ye M' Invited him on board, and goeing both together there, they found Hans Peterson's Wife with some other women : a Short time after Care Hans Peterson on board, wth a
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Complaint that some persons belonging to ye Shipp had Killed his Hoggs : That Hans's Wife did then declare y' ye person that killed the hogy had before acquainted her with his purpose of doeing it, and after ye hogg was Killed, did give her notice therof, that his Master might be Charged with it, the Master having before agreed with Hans for pork for his men, and yt she tould him he might Carry it on board ; and further saith yt ye sª Hans did at ye same time owne y' ye sa M' had spoak to him to lett him have some fresh pork for his people, and yt he had promised they should : and further, that yes4 Hans said that provided he was payd for his Hogg he Would be con- rented, & y' ye Master agreed to dor it.
Cornelius Empson Was attested to declare what he knew of ye buisness, who said that when he had blamed Hans Peterson for In- dicting yeServants of Wm. Dearing, when they had tould him before they would kill one of his Hoggs, he made answer that he was too hasty in it, but should bring them off well enough.
Then they were. ordered to withdraw, whilst ye Councill should debate ye matter, but Immediatly Stepd in Abraham Man & John Blunstone. Abraham Man began thus: Wee are come in ye name of ye free people, to know whether you have not forgott yourselves in not bringing Judg Moore to a Tryall.
The Secretary asked him for his Petition.
Abraham Man made answer, that they did not look upon themselves obliged to come by way of Petition, considering whome they Repre- sent : after some Sharpe repremands, from ye Councill, they withdrew, and then ye Councill
Adjourned till 7 ye next Morning.
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At a Councill in yª Councill Roome at Philadelphia, The 29"" of yª 5 month, 1685.
PRESENT:
THOMAS HOLMES, Presid'.
Wm. fframpton, Tho. Janney,
Edwª Green,
Jno. Symcock, Nich. Newlin,
Wm. Markham, Secre.
John Barnes,
The Petition of Joseph Massey, M' of yª Ship Grayhound of Lon- don, was Read, setting forth his Carpenter's absenting himselfe from his service, requesting a warr' to serch for him in any suspected place of Concealing him : granted him, and that if apprehended, he be brought before ye Council!, to be dealt withall according to Law.
The Petition of James Sanderiin's and Neals Lawson was Read, Complayning that they Could not have their Lands. Resurvey in the towne Ship of Chester, alias Upland, according to an order from ye Go; vernor.
Appointed to be heard ye next Sitting of ye Councill, and a Sumons
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PROVINCIAL COUNCIL. 101
to be sent to Charles Ashcome, Deputy Survey' of ye County of Ches- ter, to give his reasons why he hath not obeyed ye said Warr': and notice to be given to James Sanderling and Neels Lawson, y' they may then appeare.
Charles Pickerin, John White, Win. Dearing, Hans Peterson, and ye three Servants of Wm. Dearing being Called, all of them were asked whether they would leave the whole Buisness & Difference be- tween them to what ye Councill should order, or that they would have tryd by law.
They all agreed to leave it to this board to doc what they pleased therein.
They were Ordered to withdraw, and then ye Councill Debated about it, but it being urged that ye parties Concerned had not bound themselves in any penalty to Stand to their Order, they were Called in againe, and Hans Peterson Enters into Recognisance to ye Gov' of tenn pounds to Stand and abide by ye Ord' of ye Councill.
Wm. Dearing Enters into a Recognizance of tenn pounds to ye Gov' in behalfe of his Serv" that they shall stand & abide by ye Order of ye Councill.
'They were Ordered to withdraw, and after debate ye Councill Con- cluded thus : That ye Master Wm. Dearing, pay in behalf of his three Servants, unto Hans Peterson, one pound three shillings, for y Hogg they killed of ye said Hans Peterson ; And that Hans Pc- terson pay five pounds and tenn shillings, one pound tenn shillings whereoff, is to be payd to ye Secretary, and four pounds to ye High Sheriff of New Castle County, towards Charges, and that they release one another under hand & Seale, and ye three Serv" goe quietly about their buisness.
John Blunston & George Maris, Came to renew their former de. sire in behalfe of ve Assembly, y' Patrick Robinson might be removed out of his Publique Offices, and that ye Tryall of Nich. Moore might not be delayed.
The Councill answered, that as soone as Presid' Lloyd, was come from New York, (who is Expected the next week,) they would give them an answer, but at present Could not.
In regard, Patrick Robinson was his Deputy in ye Office of M' of y Rolls.
Ordered that Wm. Stockdale and Cornelius Empson, have a Com- mission forthwith to be Justices of ye Peace for New Castle County, their Comission to stand in force for one year, or till further Order.
Adjourned till three in ye Afternoone.
POST MERIDIEM.
The Same Members of Councill mett this afternoone, &
Adjourned till further order.
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At a Councill in the Councill Roome at Philadelphia ye 19"" 6"5 Mo., 1695.
PRESENT :
THOMAS HOLMES, Presid'.
Chris. Taylor Wm. frampton, Wm. Markham, Secre.
The Petition of Richª Blackleach of New England, March', was read, setting forth that Benjamin Chambers of Philadelphia is Indebt- ed unto him ve sume of fourty and one pounds, and of his necessity of being suddenly at home, y' he could not without prejudice stay till ye Court in its proper time should sitt, therfore Craves a Speciall Court.
Ordered y' a Comission be made for ye same to be held on ye 24" Inst. Directed to ye Justices of Philadelphia County, or any four. of them.
Adjourned till further Ord'.
The 24 6ª Mo .; 1685.
Information being given to ye Secretary by Sam" Land, that by ye Death of one Lewis Davis formerly of New Castle County, his Estate for want of Heirs, and Dying intestates, fell to ve Gov', and that if not timely prevented, others would Administer upon it, to ye great Damage of ye Gov'. The Secretary did give a Warr' to ye Sherriff of' ye Coun- ty to take into his possession all ye Estate, both Reall and personall, & to send ye account thercoff to ye Presid' & Councill, to be disposed off as they shall think fitt.
At a Councill Especially appointed for ye Nominating of Judges at y* Councill Roome at Philadelphia, The 14th 74 month, 1685.
PRESENT:
THOMAS LLOYD, Presid'.
Tho : Holmes, Phin: Pemberton, Jno. Barnes,
Jno. Symcock, Chr: Taylor, Wm. Markham, Secre.
Win. frampton,
Agreed that a Comission be drawne for Three Judges, Viz': James Harrison, James Claypoole and Arth. Cook.
Ordered The Comission be drawn forthwith.
Adjourned till ye 16" Ins'.
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PROVINCIAL COUNCIL.
At a Meeting of ye Councill in ye Councill Roome in Philadelphia The 16th 7ª Mo., 1685.
PRESENT :
THOMAS LLOYD, Presid'.
Tho. Holmes, Win. frampton, Phin. Pemberton,
Chris. Taylor, Wm. Southersby, John Barnes,
Jno. Symcock, Wm. Wood, Wm. Markham, Secre.
The Minutes of ye Councills from ye 28th of ve5th Mo. was Read: and wheras, on ye 29th of ye sª Mo., John Blunston & George Maris tould ve Councill that they came to renew their former desires in ye behalfe of ye Assembly, &c.
The Councill at y' time gave them answer, that as Soon as Presid' Lloyd Came from New York, who was. Expected ye next week, they would give them an answer.
The Councill did now order this answer to be Recorded: That Nich. Moore being at this Time under a Week and Languishing Con- dition, and not under promising hopes of a Speedy Recovery, so that at present they Cannot give any Certaine or deffinitive an- swer.
The Petition of Richd Ingelo was Read, Requesting ye Councill y' ye Tenn pounds allowed him out of Each County for his service don ye Contrey, they would be pleased to order might be forthwith - payd.
Order y+ Each County pay him ye next month, without further delay, and y' he address himselfe to ye members for Each County for ye Performance of ye same, provided that he bring in ye minutes of ye Councill, ffairly Drawn out.
The Petition of James Sanderling & Neels Lawson, weh was Read y -* 29th 5th month last, was now Read againe, Complayning that they Could not have their Lands Resurveyed in ye Towneship of Chester, according to an Order from ve Gov.
The Petitioners and Charles Ashcome, being Deliberately heard before ye Councill, the board Generally Concluded y' ye Omition of ye Deputy Surveyor was not justifiable.
And ye Petitioners further Complayning of wrong & Injustice don to them, as being two of ve six Claymers of their allottment in Ches- ter, Alias Upland Township, by Charles Ashcome, ye Deputy Survey', Surveying of Land Contrary to Warrt, the first for Charles Picker- in, in Right of Eustas Anderson, near ye supposed bound of Upland, & a second Warrant for Charles Pickerin, for part of his purchase, wch being from ve Survey" Genall, only to be Executed upon land as neare as Could be to Upland, & not in ye township of Upland, and therfore the Councill unanimously Conclude that Charles Ashcom's serving of these Warrants was Irregular, and whatsoever was done hereupon, Wee Cannot Conceive Valid.
The Petition of Mary Mason, Widdow, was Read; Requesting ye Councill to Confirme ve Sale of Lotts and Lands sold by ve said Wid- dow, by ve Gov" Verball order, to pay her Desceased husband's Debts, and for subsistence of herselfe and Children.
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James Harrison being present & attesting ye truth of ye Order, and she declaring yt ye Land sould was ye Citty Lotts, and ye Liberty Land, and but two hundred Acres out of one thousand, and not ve Land y was Improved; ye Councill ordered a Confirmation.
The Councill adjourned till six to morrow morning.
At a Meeting of the Councill in ye Councill Room In Philadelphia ye 17th of ye 7h Mo., 1685.
PRESENT :
THOMAS LLOYD, Presid'.
Tho: Holmes, Wm. frampton,
Phin : Pemberton,
Jno. Symcock, Wm. Wood,
Wm. Markham, Secre.
Chr. Taylor,
Ordered y' a Proclamation be Drawn and Published forthwith, to reinforce ye Law made at Upland prohibiting ye sale of Rum, brandy, & other strong Liquors to ye Indians, under ye penalty therein Ex- pressed, and y' alı Magistrates take notice thereof, and put the same in Execution.
Upon ye Reading ye Petition of Philip Thleman against Tho: Mas- ter, for his not performing his Contract in building a house for ye s1 Phi. Thleman,
Ordered y' both parties be heard before ye Councill.
Complaint being made by Henry Lewis, John Bevan and others, in y behalfe of ye Welch friends, that their Lines runn out Regu- larly, according to ye Gov" Warrt, were notwithstanding, by Charles Ashcome, Deputy Survey' of Chester County, his undue Execution, of severall Later Warrants, prevented from ye quiet Enjoym' of y' tract that was legally laid out for them. .
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