USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 23
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The Gover' having sent a draft of Commission to ye Keeper for au- thoriscing Justices of ye peace & holding County Courts ffor Phila- delphia, with his Warrant for passing ye Same vnder ye Great Seale, wch was Returned vnto Him by ye Keeper and produced and Read in ye Councill, together with the Keeper's answer made therevpon, w-ch Imported his Refusall to pass ye Same, The Gover" Declared he should Issue Commissions in that fforme vnder ye Lesser Seal, and Signifie se Same to ye Proprietor, as not being Satisfycd wth ye Grounds of his refusall, and proposed ye names of ye persons therein named for Jus- tices to ye Councill, to Know if they had any ground of Exceptions against any of Them.
Adjorned till ye second Day of ye next week, being y® 21 Ins', at 9 of ye Clock in ye forenoon.
At a Councill in ye Councill Room at Philadelphia The 21th of ye 11" month, 1696-9.
PRESENT :
JOHN BLACKWELL, Esq'., Gover".
Rob' Turner, Wm. Darvall, Griff. Jones,
Sam" Carpenter, Sam" Richardson, Wm. Markham, Sec".
The Gover' Inquires whether ye Secretary, according to an Order ve Last Sitting of Councill, hath given notice to ye severall mem- bers of ye Provinciall Councill that they were desired to give their Rc- spective attendance on ye Gover', according to ye Constitution and Laws in that behalfe.
The Secretary answered that ye Orders were all Ready written, but for want of Opportunity and a Common Stock to defray ye Charge of a messenger, they were not vett gon out: whereypon Wm. Darvall & Griff. Jones, members of The Provinciall Councill, being to take a jorney to ye Southward, undertook The Care of That matter in ye ffour Counties, Viz': New Castle, Kent, Sussex and Chester.
The Gover' Enquircing by what Law or warrant goods Came to be transported out of This Province, &c., to any other Countrys or parts,
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Except to England, web seemed to him to be prohibited by ye King's Grant, Sam" Carpenter moved ye pattent might be Read. web was ac- cordingly don, and ye same being not Clearc to ye board for giveing resolution in ye Case proposed, it was suggested that ye Laws of England allowed it, and it was ye Common practice of all y" Planta- tions.
Some Clauses were read out of ye book Conteyning acts about Cus- toms, &c., web not Clearing it, the Gover" took The book w* him for his pervsall, and that debate was referred, & adjorned to ye next Sitting of Councill.
adjorned Till y next fifth. day, being ye 24th Inst, 9 in ye fore- noon.
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At a Councill in ye Councill Room in Philadelphia the 24th of ye 11" month, 1688-9.
PRESENT:
JOHN BLACKWELL, Esq'., Gover'.
Rob' Turner, Sam" Richardson, Grif. Jones,
Sam" Carpenter, Wm. Darvall, Wm. Markham, Sec".
The Minute of Councill y' was Debated ye Last Sitting, touching transportation, &c., was Reassumed, and after a ffull debate, it not appearing very Clear that ye King in his Charter had given Liberty to this Province to transport ye Merchandize that shall arrise by yª ffruites and Commodities thereof, to any Place unless to England, it was Resolved & Requested that ye Gover' represent to ye Chieff Pro- prietor & Gover' ye said Debate, in order to his Consideration.
Vpon ye Reading of ye Petition of Wm. Markham, Setting fforth that one in Holland Drew a bill upon John Moll of New Castle Coun- ty, within this Government, payable to ye Chief Proprietor & Gover', and ye said Moll was about alienateing or making over his Estate, and Leaveing the Province without payment of ye said bill, or Security given for yª payment Thereof :
It was therefore Ordered, that ye Attorny Gener" Draw vp an Instrument to Stopp ffurther proceedings in that Court, and to trans- mitt ye Cause, with all their proceedings therein, to ye Governour and Provinciall Councill, there to be heard and Determined.
Adjorned till ye next Second day, being ye 28ª Inst., 9 in ye fore- noon.
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In ye Councill Room at Philadelphia The 28h of ye 112 Mo., 1639-9.
PRESENT :
JOHN BLACKWELL, Esq'., Gover'.
Rob: Turner, Sanı" Carpenter,
Sam" Richardson,
Wm. Markham, Sce".
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The Returne of ve order of Councill, bearing date ye 14th Ins', made by ye Sherriff of Chester County, was this day read, giving an acco' that he had Executed ye same ye 27 Ins'.
ffor want of a Sufficient Number of ye members of Councill they Could not proceed vpon business of moment, wch occasioned their breaking vp to meet ye next Councill day, being ye 31" Ins., after Ex- pecting ye members above two howers.
In The Councill Roome at Philadelphia The 314 of ye 11 Mo., 1688-9.
PRESENT:
JOHN BLACKWELL, Esq'., Gover".
Rob' Turner, Sam" Carpenter, Wm. Markham, Sec".
Sam Richardson, John Symcock,
There not being a Sufficient number of ye members of Councill to proceed vpon business of moment, after about Two hours Staying they broak up. Sam" Richardson, before they broak up, motion'd that The order of This board that was granted at their Last Sitting ypon ye Petition of Wm. Markham, was Contrary to Law ; but vpon Examination of Severall papers produced by ye said Wm. Markham, that opinion was Removed, and ye Order allowed to proceed.
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At a Councill in ye Councill Roome at Philadelphia, ye ffirst of ye Twelveth month, 1688-9.
PRESENT :
JOHN BLACKWELL, Esq'., Gover".
Rob' Turner, Sam" Carpenter, Barth. Coppock,
Sam" Richardson, John Symcock, Wm. Markham, Sec".
The Governo' Inquired if the Letters & Instructions mentioned in yª Order of This board Dated ye 14 of 11 month, 1688-9, were brought to ye Secretary's Office, according to ye said Order ; wch being not done, It was Resolved and Ordered that ye Secretary wayte on y Keeper of y" Great Seale to putt him in minde thereof, and to de- sire that he would take Care ye same be done before his going to New York.
The Keeper haveing acquainted ye Gover with his Intentions to goe to New York some time ye next Week, the Gover" Desired ve advice of this board whether it be not ffitt, before he goes out of this Province, that he bring ye broad Seale to this board, there to be left to be made use off (if there shall be occasion) During his absence. It being putt to Je Vote, it was Resolved in ye affirmative. Butt John Symcock, a member of this board, Declareing his opinion y ye Keeper ought not
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to absent himselfe from being in a Readyness to Discharge his great Office & trust of ye Great Seale, & moveing and desireing for his and others' Satisfaction, that a question might be putt whether ye Keeper Should be permitted to depart out of This Province during the Time he is Keeper of ye broad seale ; It was Resolved in ye affirmative, that he might be permitted, he leaveing ye Scale with this board, and that ye Secretary acquaint him with these Resolves.
John Bristow, a member of This board for ye County of Chester, being newly Come to Towne, Came into Councill.
The Gover' proposed to John Symcock, Jo" Bristow & Barth. Cop- pock, (members of ye Provinciall Councill for ye County of Chester, being all present,) that they would agree amongst themselves ve order and Course of their future attendance in Councill, and Signifie the Same to ye Secretary, to ye End it might be Knowne whome to Expect on all occasions. John Symcock positively declared he would not at- tend that service any ffurther, and left it vpon ye other two.
A Petition was Exhibited by Thomas Woollaston Complayning y he Was Kept out of Possession of Some Estate of his: the Consideration thereof was adjourned to ye next meeting in Councill, Viz: on ye Se- cond day of the next Weck, being ye 4ª Inst. Mo.
In ye Councill Room at Philadelphia The 4th of ye 12 month, 1658-9.
PRESENT :
JOHN BLACKWELL, Esq'., Gover'.
Sam" Carpenter, Barth. Coppock, Wm. Markham, Sec".
Sam" Richardson, John Bristow,
Not a Quorum at halfe an hour past Eleven, wherevpon they De- parted.
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At a Councill in ye Councill Roome at Philadelphia ye 7º of yº 123 Mo., 1688-9.
PRESENT :
JOHN BLACKWELL, Esq"., Gover'.
Robt. Turner, Arth. Cook, Sam" Carpenter,
Sam" Richardson, Barth. Coppock, Wm. Markham, Sec7.
The Secretary reported to this board ; according to their Order of ye ffirst Inst, he had wayted on ye Keeper of ye broad Scale, & ac- quainted him with ye Two Resolves then past upon ve Gover" being informed by ye Keeper of his Intentions touching his going to New York, and gave him a transcript of the Same Resolves, and that thereupon y" Keeper Replyed that he would Returne his answer yt next Time ye Councill satt, Desireing the Secretary to give him notice when that Should be, that he might attend them. Wherevpon the
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board Ordered that notice Should be given him fforthwith, of Their being mett in a ffull Councill.
The Keeper being Come, was desired to sitt downe by ve Gover', who acquainted him that ye Secretary having Informed the board that it was his Desire to Know of their meeting, in Order to his giving his answer to ye Resolves touching ye Great Seal's Disposall in his ab- sence, & Desireing to Know what his Intentions were in that matter, he said he had prepared a Paper to have left behinde him in Case ye Coun- cill had not Satt before his going, &c., which paper he offerred to their Consideration, haveing that opportunity for it; and ye Gover" desireing y& Secretary might Read it. The Keeper Insinuating that there might be some mistakes in ye writing of it, weh he had not had time to Cor- rect, it was proposed by ye' Gover' that he might have ffurther time, if he pleased, to satisfy himselfe therein before it was Read; to which he ans vered he would Read it himselfe to ye board, and accordingly read the same ;* Wherevpon ye Gover' directed, if that were his answer, that he would signe it & deliver it to ye Secretary, to be Considered in his absence, withall giving his opinion that it was in his apprehen- sion a high Reflecting vpon and arraigning ye board, or Some of them, & in a Libellous manner Chargeing them with unwarrantable practices in their proceedings in that matter, Yett makeing a Distinction, as if it had been the act of a prevaling party, weh being debated and Con- sidered amongst themselves, it was at last agreed that he should be acquainted that if he had any thing else to give in as his answer, he had liberty, and might take his owne time to give it in. He desired that might be Entred by ye Secretary in ye Same book where those Resolves were web had been sent to him, weh was Directed by ye board to be don accordingly, and that ye Secretary Should deliver him a Coppy of it, as he also desired, web the Gover told him he would transmitt, together with what Else had passed, in writing, between ye Keeper and himselfe, Submitting ye whole to ye Proprietor's Consider- ation.
Vpon ye Petion of Thomas Woolasten to ye Gover' & Councill, praying relief against a forceable Entry & Deteiner in ye County of New Castle, It was Resolved that a warrant be drawne, directed to such Justice or Justices of ye peace ffor that County Dwelling nearest to ye place where ye fforce is alleaged, as he should apply to and Re- quest in that behalfe fforthwith to Repaire to the house and Lands in his Petition mentioned, to View The said fforce, and ffinding any, to Remove the same; and if they ffound none vpon their View, to Re- quire the Sherriff of ye Said County to Returne a jury to Enquire thereoff whether any was, and by whome made or Continued, & to ffine and Imprison the offenders, & Therevpon to restore ye quiett pos- session to ye Petitioner, and to make a Returne of The same to ye Clark of The County Court, to be Entred in the Records of The said County.
The Petition of Rob' Turner, John Tissick, Thom. Budd, Rob' Ewer, Sam" Carpenter, & John Ffuller, was read, setting forth their designe
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in setting up a bank ffor money, &c., Requesting Incouragement ffrom the Gover" & Councill ffor their proceeding therein. T'he said Rob' Turner & Sam" Carpenter, two of The said Peti", being present & constituting ye present Councill, and besides whom there were but four more present, The Gover" acquainted them that some things of that nature had been proposed & Dedicated to ye proprietor, by himself, some months since, out of New England, to which he believed he should receive his answer by ye ffirst Shipping hether out of England : Yett withall acquainted them that he did Know no reason why they might not give their personall bills to such as would take them as money to pass, as merchants vsually did bills of Exchange, but that it might be suspected that such as vsually Clipp'd or Coyn'd money, would be apt to Counterfitt their bills, vnless more than ordinary Care were taken to prevent it, which might be their Ruine, as well as ye people's that Should Deale with them.
To THE PRESENT GOVERNO' AND MEMBERS OF THE PRO- VINCIALL COUNCILL.
THOMAS LLOYD, Keeper of, the broad Seal, with due Regard pre- senteth these following lines :
Vpon the pervsall of two Resolves passed by you in Councill ye 1ª Ins', & Delivered me by ord this morning, (being the ffourth day Since,) I am much Concerned that such an Entry, so destructive of Right, and inconsistent with property, should be found vpon your book. You have, as much as in you Lay, introduced an ill precedent of disposeing Arbitrarily the most Eminent Estate for life as vett de- clared in this Governm', and this was done the Cause vnheard : Whereas, no ffreeman here ought to be Condemned or Concluded to his wrong without his answer, provided he doth not wilfully absent himselfe ; and ffurther, it is apparent by ye Conclusion of your Order, that it was not Intended by ye wording of the same, that I should be admitted to my Defence, but to be made only acquainted wth your De- termination therein, and so to abide by it as an Irrevocable Sanction, I might with a great Deal of reason, vnder the generous Constitution of this Province, Sooner Expected a Confirmation of ye Liberties of Estates ffrom you then Such a proccedure, in no wise to be Coun- tenanced.
Your Scat is a high jurisdiction, and the higher it is the more just and honourable ought its proceedings to be, and so give Examples of Justice to Inferiour Courts. Violent Courses, and hasty, precipitate Councells, will Slowly and meanly Commend ye policy of their Au- thors: I wish for the ffuture, that no Sinister designe, passion, or male conduct may so Influance or hurry any of the Sincere minded of you as to act unbecoming ye wisdom and dignity of the place. You have dealt vnkindly by me ; and not only so, but you have digged Deepe, tho' vnawares, I am perswaded, to Soverall of you, to lay a foundation whereby to ground a misdemeanour against me vpon a Con- jectured non complyance with your Resolves, and this being a per- souall matter, and of great moment, you have done by y' Lesser number, and that by Vote, being vnwarrantable by Law & Charter.
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The duty of my place is to advise, and with you to Endeavour that nothing be attempted by any person or persons here, to ve Subver- tion of ye fframe of Governm'; had you well understood & Considered the matter before you, the Tenure of ye Custody and ye Station of The Officer, I should not have been thus treated by you. My Re- quest is before I make my particular answer to two or Three posi- tions wch might Lead into this act, That you Order Either the afore- said Resolves to be Raz'd out or Cross'd, in ye Councill book, as being such which are not to be drawne into Imitation, you disposing ye Custody of ye Seal without discoursing or giving Notice to ye Keeper to appear, who hath affixed Estate therein; Otherwise, that this wri- ting may be Entred with you as a soft, Tho' sound memoriall, against such an undue proceeding. I may say as vpon a fformer harsh and hardly warrantable attainder of a person vnsought and vnsent ffor, Auferat Obliuio Si potest si non ut cunque Silentiam togat. Lett such methods be covered with Silence or buryed in Oblivion. Mv love to ye Gover', people, and their Sincerity, hath made me Serve them Chearfully Sometime. I have Endeavoured their good, tho' I might ffayle in effecting of it. I may have witness in Some breasts, that I have more injured myselfe and ffamily then any persons just Intrest vnder my notice. I have been a great Drudge In my Sphere, but not so abused an one aforc. Be pleased to be tender of Right, and lett not ye Royall Law be forgotten, of doing vnto others as you would have (Such) others doe vnto you.
Philadelphia, The 4+ Inst., 12 Mo., 1698-9.
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In The Councill Room at Philadelphia The 11th of ye 12 mo., 1698-9.
PRESENT : 1 JOHN BLACKWELL, Eso"., Gover'. Arth. Cook, John Symcock, Wm. Markham, Secrc. Sam" Richardson,
The Gover Stayed till halfe an hour past Eleven, and then no more coming, loft ye place & Directed y' notice be given of a Councill ye next day, at 9 in the fforenoon.
At a Councill in The Councill Roome at Philadelphia ye 12h 12 Mo., 1695-9.
PRESENT :
JOHN BLACKWELL, Esq'., Gover". John Svmcock, Sam" Carpenter, Sam" Richardson,
Arth. Cook,
Barth. Coprock, Win. Markham, Soc ?.
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The Gover acquainted ye Councill that he had Severall things to propose weh he judged worthy Consideration, & that he had used means to have a due representative of ye people attending there, ac- cording to ye Charter, &c., but finding a taylor, desired ye advice of y" board Concerning that matter, for Remedy ffor ye ffuture. & pro- posed in order thereunto, that the question might be putt whether it was not incumbent vpon ye members of ye Prov" Councill Serveing for ye Respective Countys, that one out of Each County doe Constantly attend ye Governo' in ye affayrs of ye Governm'.
This question was debated, in ye debate whereof most members present Exprest themselves Satisfyed that there ought to be attend- ance given wherin necessity required, but some desireing time to Con- sider & advise about it, and others that ve ffurther Consideration thereof might be deferred till ye Coming of ye members vpon ve next Election, wch would be about 6 weeks hence, the season being Cold, the Gover" adjorned to ye next 5th day, being ye 14th Ins'.
At a Councill in ya Councill Roome at Philadelphia y" 14th of ye 12 Mo., 1688-9.
PRESENT :
JOHN BLACKWELL, Esq'., Gover'.
Jo" Symcock, Pet' Alrichs, John Cann,
Sam" Richardson, Jos. Growdon, Sam" Carpenter,
Arth' Cook, Barth. Coppock, Wm. Markham, Sec".
The minutes of ye Last Councill were Read over.
A paper ffrom ye Keeper, Directed to ye secretary, bearing date y 12th Inst., was Read at this board, it being an answer to ye Resolves and Order of Councill Dated yª 1º Inst.
Ordered that ye said paper be Entred, w is as ffolloweth, viz; Secretary Markham.
The originall Letters sent ffrom our Gover' relating to this Go- vernm', have been Diligently perused and Considered by v= Com- miss", and wee Know of none which may be off' Service ffor pre- sent Instruction, that are to be ffurther Communicated. Such of Them which Conteine matter of Information or Direction, have been Delivered to View and are transcribed allready; most of Them re- maine in my Custody by the assent and approbation of Those to whome they were primarily Directed.
THO. LLOYD.
Philadelphia 12 12ª Mo., 1688-9.
The Govern' acquainted ya Councill that in as much as they were not pleased to give him their advice vpon his motion at the Last Coun- cill's meeting, he would not trouble them ffurther therein, but proposed the Councill would give him their advice whether they did not judg it ffitt for him to Expect ye attendance of ye Respective members of Each County, as ye Law and Charter Requires : after much debate
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Vpon that proposall, Divers of ye members haveing Exprest their dis- satisfaction to give their advice to the Gover" therein, Arth. Cook moved flor that the poverty of ye people was so great as they were not able to bear ye Charge of Constant attendance, as the Law and Charter Required, Fett that the Gover' be desired y' ye Execution of it might be suspended for ye present, and ye question being putt, viz':' whether the Gover" Should be desired to Suspend the Execution for ye present? It passed in ye afirmative, ye Secretary only Dessenting.
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Att a Councill in ye Councill Room In Philadelphia ye 18" of ye 19ih Mo., 1688-9.
PRESENT!
JOHN BLACKWELL, Esq'., Gover".
John Symcock, , Sam1 Richardson, Barth. Coppock,
Arth' Cook,
John Cann, Rob' Turner,
Wm. Clark, Peter Alrichs, Wm. Markham, Sec".
The Gover" Directed the Minutes of ye Last Councill Should be Read, we were Read.
The Gover' then directed that ye Keeper's Originall papers to ye Secretary Should be Read, vpon w-ch ye Gover' asked John Svmcock & Arth" Cook, two of ye Commiss" of State, whether they did owne that paper as their answer ; they replyed doubtfylly, referreing to ye paper it selfe, wch named none. Robert Turner, an Other of the said Com", coming in, declared he Knew nothing of ye paper, and dis- owned it : wherevpon ye Gover' Ordered his Commission to be Read for the Satisfaction of y" board, that he was Referred to ve Instruc- tions Sent by ye Proprietor & Chief Gover', as well to y Presid' & Councill as to ye ffive Com" of State, which were to be his guide, and Declared he thought it was necessary that he Should have either the Originalls or true Coppys thereoff attested for his Guidance in ye Go- vernm', and Directed also, that ye orders of ye board fformerly made in that behalfe might be Read. And vpon ye Debate, ffinding some persons at ye board who where Concerned in those Instructions did not think fritt that ye Originalls Should be Deposited with the Secre- tary, as was directed, The Gover' Condescended y' in Stead of Delivering in ve Originalls, there might be true Coppyes transcribed & Signed, viz' .: Such as were directed to ye Presid' & Councill to be signed by ye Presid'., and such as were directed to ye Com" of state to be signed by any Three of them that were Concerned with him in Those Commissions, and ve same to be done for so much of other Letters (wherein Private matters are Intermixed) as Conteine any publick matter of Instruction, and that ye said Coppys so attested, be delivered in to ye Gover' and Councill as Soone as may be : vpon de- bate it was putt to ye question and Resolved in yª affirmative, N. C. D.
The Gover then acquainted ye Councill that he ffound there was a
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duty required of him by ye acts for incouragem' of trade & naviga- tion, touching ye transporting of ye Commoditys of ye Country to Eng- land, or his Maj's other plantations, which he had at his flirst Entrance, vpon ye Governm' Solemnly declared & promised to see duly Execu- ted according to ye tenor of ye said acts, and desired y' minutes of that day's proceedings might be Read ; we being read, it appeared that no notice was taken therein of his haveing so ingaged, but severall of ye members present remembring y ye Gov' had soc Solemnly In- gaged, it was agreed ye same should be added to ye minutes of that day's proceedings, wch was ye 18th# day of ve 10 Mo., 1688.
The Gover" also then offered that if The Councill thought ffitt, he would Solemnly Sweare to doe his vtmost for ye punctuall observing ye said Acts, wch was not thought necessary.
The Time drawing near for ye Annuall Election of members for v' Prov" Councill & Gene" Assembly, the Gover" desired to be informed by ye Councill whether it were vsuall or needfull that any writts or warrants should be Issued for Summoning the ffreemen for y' purpose, or whether they Should meet of Course: it was Resolved there was no need of writt or warrants, but their day would be observed of Course.
Wm. Clarke, a member of the Prov" Councill for ye County of Sussex, acquainting the Councill that inasmuch as there were two Elections to be made for that County, viz: one for ye person that was to goe off, and another ffor one that was Elected fformerly, but now in England, he Conceived it necessary that an order should be Issued for ye Choosing one in his Roome who was absent. It was agreed an Order Should be Issued to ye Sheriff accordingly. The Gover" de- manding who was to Issue that Order, it was answered in ye words of ye Law in that behalfe, The Proprietor and Gover' was to Issue it.
Two Petitions were proposed to be Read, but it being late, ye Gover" adjorned till to morrow, 9 of ye Clock in ye fforenoon.
At a Councill in ye Councili Roome in Philadelphia y" 199 of y+ 12 Mo., 1688-9.
PRESENT:
JOHN BLACKWELL, Esq"., Gover ..
Wm. Clark, Rob' Turner,
Arth" Cook,
Jo" Cann, Sam" Richardson, Wm. Markham, Sec".
Pet. Alrichs, John Symcock,
The Gover' desired yª Entrys vpon yo Last Councill's minutes should be Read ; they were Read accordingly.
The Gover" Directed ye Reading ye Petitions presented at ye riseing of the last Councill, wherevpon the Petition of Adam Johnson was Read; the Petitioner was Called, who Informing y' Councill of y.
*Should be the 21% of the 11" Mo.
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