USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 24
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danger he was in of his life from ye threatenings of Peter Ludgar, and that ve same danger was Continued through ye said parties being at Liberty, Contrary to ye Judgment of'ye Court, The Sheriff of yeCounty of Sussex, where ye Robery was Committed, viz: ffrancis Cornewell being informed to be in Towne was sent ffor, and demanded by ye Gover" by what authority he permitted ye said Pet Ludgar to be ati Liberty. He said he was directed only to have the person ready at ve Court to answer, and that being don, he requested ye Justices to Declare what Should be don with him; some of them Expressed themselves desirous to be rid of him, but gave him no Order to Keepe him under Commitment, so he thought himselfe vnder no obligation to detaine him. The Gover' ordered him to withdraw.
Vppon debate of y ffoct, and ye Sheriff's Suffering him to be at Liberty, it was vuanimously agreed that ve Sheriff deserved a Sharp reproof for his neglect, but it being ye ffirst Complaint of this nature against him, out of Their Indulgence they Thought ffitt not to ffine him for it, Butt ordered that the sheriff doe forthwith apprehend The Prisoner at his Owne Charge, and that he Keepe him in ye Common Goale or Work house of ye County where the Judgment passed, there to be held to Hard Labour, or otherwise, till ye party agrieved be sa- tisfied, and that he Cause him to be Corrected with so many stripes as by ye Judgment of'ye said Court was ordered, and that he sce they be well laid on. Wherewith the Sheriff was acquainted by ye Gover', vpon Calling him in for vi purpose.
The Petition of tirancis and Wm. Smith was Read, weh being vnin- telligibly Expressed, but in y" Generall Complained of wrong don by v" County Court, & Desireing Liberty to appeale, it was ordri that ve Goaler of 7º County of Philadelphia doc bring ye Petitioner in Custo- dy before this board at their next sitting, and that Charles Pickering, v" Prosecutor, be orda to attend at that time, to Informe ye board of' v' Case of the Pet", (who seems not able to sett fforth ye same,) to ye End the board may give Reliefe, if the Case will admitt.
The Gover' acquainted ye Councill that he thought it necessary something should be speedily done about settling a Provinciall Court, and that he found some things difficult therein by reason of ya seve- rall Laws passed Concerning ye same, and therefore moved them for their advice vpon ye said Laws, and that they should be Read, viz: ye 157 Law, and y: 181 Law, ve ffirst whereof was made during ye Gover" abode in this Province, the other since his departure for Eng- land. The first referring it to ye Proprietor and Gover' to Commis- sion five persons under ye broad scal. The Latter directed that Court should be impowred by ye Gover' and Provinciall Councill ; which Latter seemed to be an incroachment upon ye power of y Gover re- served by y" Charter of Privileges, and being by a Law made in ye Proprietor's absence ; (Contrary to his Intrest;) and for as much as the Proprietor had by his Commission to ye Presid' & Councill, Limited their power as to ye passing of Laws of y' nature. and by his Instruc- tions since, bearing dato v first of y Twelveth month, 1686, directed that at the next Assembly Genethe Commissioners of state Should declare his abrogation of all that had been done since his absence, and
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So of all ye Laws but ye ffundamentalls, which was said to have been declared. It beirz also Considered that ye ffirst Law required ye passing such Commission vnder ve Great Scale, and in Case ye Keeper should not think fitt to affix the same by ye Gover" Warrant, (on the allegations expressed in his refusall to sett the said scal to ye Commis- sions ffor Justices of ye peace,) The Provinciall Judges might possibly refuse to act vpon ye Lesser Seal, and soc ye Country would be desti- tute of y' Court for ye administration of Justice in highest Causes, and divers other Difficultyes arriseing vpon ye debate thereoff, The Go- vernour desired ye members of ye Councill would seriously Consider ye matter, so as to be Ready to resolve him therein at ye next pro- posall of ye same to their Consideration ; weh being approved, The Governo' adjourned ye Councill till ye next ffifth day, at the vsuall Hour of meeting, being ye 21 Inst.
At a Councill in the Councill Roome in Philadelphia ye 21 of ye 12 Mo., 1688-9.
PRESENT:
JOHN BLACKWELL, Esq'., Gover".
Arth. Cook, Barth. Coppock,
Robt. Turner,
John Symcock, Sam" Richardson,
Wm. Markham, Sec".
Wm. Clark,
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The proceedings of ye board at last Councill was read by ye Gover" Direction.
The Gover' Inquired whether ye Sheriff of yº County of Sussex had seized the person who had beer so long at Liberty.
Arth' Cook said ya person had offered himselfe and promised he would Yield himselfe rather then ye Sheriff Should suffer, but was not in Custody.
Vpon wch the Gover' moved the Sherife might be sent ffor and ffy- ned for his neglect of doing his duty, being acquainted how danger- ous the person was, and that Adam Johnson, the person Complayning, had declared he was in fear of his life. The Gover' also vpon what was said ye last day of ve Councill's Sitting, Declared he neither looked vpon himselfe nor any member of the Councill to be safe ffrom mischief whilst so great a Villiare as he was sett fforth to be had his Liberty.
It was alleged that some new Information had been Received touch- ing ye former tryall had against ya prisoner, which tending to the ra- velling into ye Resolutions of ye Last day's proceedings, when there was a fuller Councill, ye Gover' declared he was not satisfyed that it was seasonable or proper to their present Consideration, or Rea- sonable that he should admitt thereof till he understood that he was in Custody, and that he look'd vpon the things that were offered as ye result of Councill's taken abroad, to web he should give no Coun- tenance. The Secretary acquainted the Gover' that y' said Prisoner had delivered him a Petition, and desired to Know whether he should Read it. The Gover" said he would Receive none till he were in
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Custody, and then he would receive any, and againe declared the Sheriff ought to be ffyned for letting him have his Liberty.
The Gover' therevpon Called ffor ye other business appoynted ffor ye day, but that not being ready, nor ye persons present, he Caused ye act of settlement to be read, in order to the minding the board of ye Great Grace & ffavour of the Proprietor, &c. in ye Grant of the Charter of Privileges, and how gratefully they had received the same, and how solemnly they had Ingaged to observe what was on their parts to be done, inviolably, &c., and withall observed to the board, that since then some laws had been passed in his prejudice, & Contrary to the trust he had reposed in ye Presid' and Councill, &c., which he should take an other ffitting occasion to offer to their Con- sideration.
ffrancis and Wm. Smith being brought in Custody by the Sheriff, & Charles Pickering present, the Gover' ordered the Prisoners Peti- tion to be read ; and all yt ye prisoners had to say against ye Judg- ment ffor his Committment being that he had paid Intrest for ye mo- ney for longer time than was yett Expired, it was made apeare that what he had paid was by ye Court deducted out of ye principall money adjudged against him ; and Charles Pickering offering on y' behalfe of his Clvent to sett him at Liberty vpon giveing him Secu- rity for paying the debt, or makeing over ye Land ffor web he was in- debted to that purpose; he refuseing to doe Either, the board remand- ed him back to ye Goale : he Complayned he had no bed to lye on. The Sheriff acquainted the board he might bring in his bedds to y' prison if he pleased, and Should have them out with him vpon his discharge. The board adjudged they saw no just Cause of Com- plaint.
Adjorned till ye 2ª day of yª next week, 9 in ye fforenoon, being ye 25'' Inst.
At a Councill in the Councill Room at Philadelphia y' 25 of ye 12 Mo., 1688-9.
PRESENT :
JOHN BLACKWELL, Esq'., Gover'.
Arth' Cook, Griff. Jones, Wm. Markham,
Wm. Clark, Sam" Richardson, Rob' Turner.
Wm. Darvall, Barth. Coppock,
The Gover Directed ye Reading ye Entrys of ye last Councill's pro- ceedings : they were accordingly read.
The Petition of Peter Ludagar presented to ye board, was Proposed to be read.
The Governo' Declared he was not satisfied to receive any till he understood Ludgar was in the Sheriff's Custody, according to fformer order, Especially for that his business had been Determined at a fformer
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Councill. Some debate was touching ye fformer proceedings of ye County Court, and some reflecting Expressions vpon ye Resolve of ye Councill in that behalfe, which (though passed nemine contradi- cente) were of so high a nature, by Sam" Richardson, a member of the Councill, as ye Gover" took exception against as vnbecoming any member against ye Whole, the Governo' telling him he ought not to Suffer it, and Reproveing him as haveing taken too great liberty to Carry .it vnbeseemingly & very provokeingly, Particularly Instancing in ye said Sam" Richardson's fformer declareing at severall times, y' he did not owne ye Gover" to be Gover', &c .; to which he peremptorily re- plyed he did not nor would, saying to him he was not Gover', and he would Stand by it & make it good ; that Wm. Penn could not make a Gover'. Arthur Cook, in milder Expressions, Saying that Wm. Penn can make a Gover is a Scruple to me. All others declaring against that opinion. Sam" Richardson still persisted in denying ye Gover' ; wherevpon ye Gover" mooved, since he was so peremptory in repeat- ing it, with such heat, that he might be ordered to withdraw till ye Coun- cill should debate it. He replyed, I will not withdraw, I was not brought hether by Thee, & I will not goe out by thy order ; I was sent by ye people, and thou hast no power to putt me out. The Gover' said he Could not sitt there to Suffer ye Chief Gover" power to be so ar- raigned and questioned, & himselfe so Contemned, & Desired the members would severally declare themselves whether they Judged it their duty to owne him by the stile of Gover' or not. All the rest of ye members declared themselves offended with his words and Car- riage, only Arthur Cook againe said he did believe that Gover' Penn Cannot make a Gover', but a Deputy Gover', but desired he might Explaine himselfe, & said He so judged in his Conscience & would be understood to think & speak modestly, disapproveing & Censuring Sam" Richardson's Carriage. Wherevpon ye members at ve board de- clared severally that they judged it meet the said Sam" Richardson Should withdraw till they ffurther debated y matter, Wherevpon he went fforth, declaring he Cared not whether ever he sat there more againe, &c.
The Gover moved they would give their Opinion whether ye words Spoaken & Carriage of ye said Sa. Richardson were not vnworthy & vnbecoming a member of Councill to ye Gover' ; wh was Carryed in ye affirmative, and that he ought to acknowledg his offence, and pro- mise more respect and heed for ye ffuture, before he be allowed to Sitt againe in Councill. He then moved ye Councill would give their opinion whether he Should be Called in & acquainted therewith, which was agreed, but he was gon away.
The Sheriff of ye County of Sussex being come, was Called in and demanded whether Peter Ludgar were in his Custody, according to ye fformer Order ; he answered he was. He was then Charged with. ye Custody of him, to be answerable for him.
The said Ludgar's Petion was then read.
It was moved y' there might be a hearing of ye Case, & perticular- ly whether ye judgment passed against him by ye County Court were- Reversed, and vpon what grounds, by ye Provinciall Court. Twc.
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Coppys of yo Record of ye Prov" Court were produced for proofe of its being reversed, but they differed much from Each other, and in one of them 'twas alleaged to have been Reversed vpon Information of one person (only); that ye jury that past vpon ye tryall did not all agree, which was not Judged a Sufficient ground for reversall against matter of Record, as ye verdict was : it was alleaged that it was also Referred back to ye County Court for a Rchearing ; that ye County Court ad- hered to their fformer judgment, haveing so ffarr honoured ye Prov"?' Court's order as to Examine all those who had been of ye jury, who all owned they had agreed their verdict. But the Copys of the Re- cord of the Prov" Court's Proceedings differing, it was moved by Arthur Cook y'ye originall Record & Entry should be forthwith brought before ye Gover' and Councill, ffor ye Clearing that doubt.
One of The members of The Councill was desired to goe to David Lloyd, ye Clark of ye Prov" Court, who was also a Deputy or Clark to ye Mast of ye Rolls, and Clark of ye County Court of Philadel- phia, to Require him fforthwith to attend ye Councill, and to bring with him ye Originall Records of ye Proceedings of ye Prov" Court.
He Came to ye Councill, and being acquainted by ye Gover" that there was occasion to see ye said Originall Records, he asked in what Case : ye Gover' told him all that hapned since his haveing that Im- ployment of Clark of ye Prov" Court: he answered, they were not recorded otherwise then in a quire of paper. He was Required to bring them as they were. He Refused it, saying you may Command the Judges, and ye Judges might Order him, & other Slight and Scorn- full Expressions he vsed. He was therevpon ordered to withdraw.
This was adjudged a high Contempt in ye said Da. Lloyd, and ffor that and other vnseemly and Slighting Expressions of his to ye Go- ver" and Councill, It was Resolved that ye said David Lloyd is vnfitt to be allowed for a Clark or public Officer off Record in any Court , vnder this Governm', and that he stand Discharged therefrom till vpon acknowledgment of his offence, and giveing the Councill sa- tisfaction, The Gover shall think ffitt to Commission him againe : this was declared to him by ye Gover.
The Sheriff of Sussex County was Called in & acquainted that ye board saw no Cause to give any relief vpon Ludgar's Petition, and was Required to Keepe ye said Ludgar safe prisoner, and to performe ve order of ye fformer Court vpon ye judgment given against him by ye County Court.
The Gover' adjorned till to morrow morning.
At a Councill in The Gover" Lodgings, held in the house of Griff. Jones, in Philadelphia, the 24" of ye 12" month, 1688-9.
PRESENT:
JOHN BLACKWELL, Esq"., Gover'.
Rob' Turner
Griff. Jones,
Sam" Carpenter,
Arth. Cook, Wm. Clark,
Wm. Markham, Secre.
Wm. Darvall,
Sam" Richardson,
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The Gov' haveing notice of severall Rumours spread abroad in this town, &c., touching an Invasion made in England by y" Prince of Orange, and Battelle fought there, wych were occasioned by ye Rep- port of Zach. Whitpain, who came lately from England, and arrived here in this town about midle night last, Directed that all ye members of the Councill present in towne should be forthwith assembled, in order to ye Examination of ye said Zach. Whitpaine; who having given a Genall narrative thereof, The Gover' Caused the same to be Comitted to writing, & him, the said Zach. to be deposed to the truth thereof, wch is as followeth, viz. :
That he Came out of London the 10th or 12th of x bre last, in a Shipp Called ye Mary, John Harris Master, but before he Came thence ve Prince of Orange appeared with a flieet of Shipps on ye Northern parts of England, and Coasted there about 3 or 4 days, during web time ye King Issued out his Order for his Army to draw that way.
That on ye 5 of 9ber ye Prince of Orange Landed with an army of about thirty Thousand foot and about six thousand horse, in Turbay, Transported by a fileet of 75 shipps of War, tenn fyre Shipps, 500 flyboates, 60 pinks : That the army remained about Exeter about three Weeks, in wch time ye King remanded his army from ye north towards Salsbury, and the King went to them there and stayed about a week, then ye King returned to London and Ordered his army to march thither : That they had an Ingagement with the Prince of Orange's forces. Divers of ye King's party deserted him and went over to the Prince of Orange. The fight was about Redding, where the King Lost about 2500 men, and the Prince about 1500, about ye 13th of x ber: about ye 17th the King Endevouring to goe for france with Sir Edwd Hayles, was taken at ffeversham in a fishing Shallope, who had put there to take in Ballast, ye King disguised as &' Edwi Hales's man. After ye King was taken he was Carryed to my Lord Huntinton's house, and ya next day to Canterbury, whither ye Exami- nant went from deal to have seen him, but ye King was gon thence yt morning Early, before ve Examinant gott thither, the King being Conducted in his owne Coaches, and with his owne and ys Prince of Orange's Guard to London (they being sent on purpose for y'ser- vice;) but whether ye King was at London or no the Examinant Could not say, but that when ye Exam sayled out of the Downes, wch was ye 23 of x ber. the King was at Rochester, under Guard. That the King before his going away from London, went to ye Tower, and sent for his Secretarys and the Lord May', and there delivered up the Tower into the hands of ye City : the City upon that appointed the Lord Dumbarton to be Leif thereof till further order, and y" Ham- letts to Guard it. That ye Public affayres at the Exam'. Coming from England, were manniged by seven Sprituall & seven Temporali Lords, and they had set forth a Proclamation for the Disbanding of the King's forces, and Disarmeing them, paying them for their armes. The Ex- amint. ffurther says, that he heard that ye Castle & City of Dublin, in Ireland, was Delivered to the Protestant Party, under the Command of the Lord Enchiqueen, who seised the King's Leif, while he satt in Councill : And further, that he saw in a Letter from Ireland that there
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had been a massacre made by the Papists upon the Protestants, and that two Thousand, or two hundred, were murdered; the ffigures being blotted, he Could not Justly tell which number it were. ZECHARIAH WHITPAINE.
At a Councill in The Councill-roome at Philadelphia ye 26 of ye 12 Mo., 1688-9.
PRESENT :
JOHN BLACKWELL, Esq'., Gover'.
Wm. Clark, Griff. Jones,
Rob' Turner,
Arth. Cook, Barth. Coppock,
Wm. Markham, Sec".
Wm. Dervall,
'The Gover" ordered ye Entrys of ye last day's proceedings might be read.
Being read, Arthur Cook excepted against ye Entry of what he had Spoaken about ye Governo" not haveing power to make a Gover", and affirmed he added the words [he believed so,] weh words were allowed to be added.
Griff. Jones Declared he thought David Lloyd's miscarriage was not ffully expressed, for that it was omitted to Enter y' he was twice sent ffor; wch was allowed to be so, and that it should be amended, and that ye said David Lloyd declared he questioned whether this board had power to Command ye. Records to be brought before them. Rob' Turner also declared he remembered that he did question their authority. The Secretary also, that he remembered the same. Vppon wch, it was allowed those Expressions Should be added in ye Entrys, as ye ffarther Evidence of his Contemning their Authority.
M. Clark moved, on ye behalfe of the Sheriff of Sussex County, y' he might have assistance ffor ye Carrying his prisoner. The Go- ver sayd it was proper ffor himselfe to Petition it if he wanted it. The order being that he Should Carry him at his owne Charge.
The Gover" mooved that ye Debate touching ye setling a Prova Court, web he had proposed the 19 Ins', might be Reassumed, and told them that there seemed to him to be some difficulty therein, wch he hoped they haveing had so long Time of Consideration, were ready to re- solve; And therevpon Directed ye Entryes of ye said day's proceed- ings & Debates might be read, and proposed y' every one would Speak his minde about it, (ye members Declareing they Judged there was an absolute necessity of it, it being informed by Wm. Clark that there were severall appeals ffrom other Courts.) It was Resolved vpon ye Question, y a Commission should be Issued for ye Authoriseing & Appoynting a Provinciall Court according to Law. It passed in y" Affirmative, Nemine Contradicente. It was then debated vpon weh Law it should be grounded, Some inclyning to have it vpon y: 157 Law, Some vpon 181.
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Vpon diligent pervseing both ye said Laws, Mr. Clark observed that he Conceived it Could not be vpon ye Latter Law, (though he had been before of that opinion,) ffor that by ye Said Law it's said ye Judges Should hold Courts at Philadelphia, ye 2.4th of y" next Seventh month, and ye tenth of ye Second month ffollowing, and not Yearly, but as if it wereonly intended ffor those two days in that year, whereas ye 157 Law Directed ye said Court Should Sitt twice every year, and Every ffall and Spring yearly.
And for that ye Latter Law was in Detriment of The Proprietor's Right by his Pattent ffrom ya King, to appoynt and Commissionate all officers, and Could not have Lis Consent given by those whom he In- trusted with his power, by reason of ye limitation of ye Power of ye Commission ; And also, that it would be an Invading his prerogative granted by ye King & Reserved by his Charter of Privileges to yt ffreemen (at least) during his life, and bring ye Charter itselfe in question.
As also for yt by ye former law, web was passed whilst ye Proprie- tor was present in the Country, It was Enacted that there Should be five Prov" Judges appoynted by the Gover', under yª Great Seale, &c., ye wch act is verbatim as ffolloweth:
That there shall be five Prov" Judges appoynted by the Gover', vnder ye great seale of this Province, we Judges, or any three of them, Shall be a Prov" Court, and Sitt twice every year, in ye Towne of Philadelphia, and any two of them at least, shall Every flall and Spring Yearly, go their Circutes into Every respective County of this Province & Territorys, and there hold a Provinc" Court, which Court, whether ffixed or Circular, Shall have the hearing and deter- mining of all appeals ffrom Inferiour Courts; also, all tryalls of tytles of Lands, and all Causes, as well Criminall as Civill, both in Law and Equity, not Determinable by ye Respective County Courts, any thing in this or any other act or Law of This Province or Territorys to ye Contrary, in any wise notwithstanding.
It was proposed ye members would give their Opinions whether this question Should be putt, viz: Whether they were of opinion that there should be five persons named in ye Commission to bea Prov" Court, ac- cording to ye 157 Law? After some debate thereoff, Arth. Cook pro- posed that ye Late president might be sent for to give his advice: that was not judged needfull, The Law being so plaine. Arth. Cook then Departed out of Councill, desireing his motion might be Entred as his dissent.
This question was then putt, viz': as many as are of opinion that there be ffive persons named in ye Commission ffor Prov" Judges, ac- cording to ye 157 law, declare your assent by standing up : it was Carryed in ye Affirmative, Nemine Contradicente.
The Gover' then tendred for their advice a forme of Com- mission weh he had prepared ffor that purpose, weh was Read once throughout, and afterwards in parts; Some alterations were proposed & agreed to, and ye Question putt, viz : As many as arc of opinion
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that the fforme of Commission now read, with ye amendm" & altera. tions made vpon ye debate, Shall be ye fforme to be Issued ffor ye Au- thoriseing of ye Judges flor ye Prov" Court, lett them declare themselves by Standing up : it was agreed in ye Affirmative, Nemine Contradi- cente; and therevpon, Resolved that ye same be sent to ye Keeper of ye broad seale, with warr' of ;e Gover to putt the great seal thereto.
The Gover' not satisfied with ye behaviour of ye high Sheriffe of ye County of Sussex, proposed some other might be named by some of ye members present, flor as much as himselfe was wholly a stranger there.
Wherevpon Wm. Rodeney was nominated by Wm. Clark, and Re- commended by Griff. Jones & Wm. Darvall, as the ffittest person they Could think off ffor ye present.
The Gover' de-ired the members would not ffayle to Keep their next day of meeting of ye Councill, viz : the 28th Inst, at nine in ye fforenoon, acquainting them that he thought then to allow some time of Recesse ffor ye members repayring into their severall Countys, in order to ye takeing Care of Elections, &c.
At a Councill in ye Councill Roome at Philadelphia ye 2St 12 Mo., 1688-9.
PRESENT:
JOHN BLACKWELL, Esq'. Gover'.
Wm. Clark, Griff. Jones,
Arth. Cook,
Rob' Turner, Barth. Coppock, Wm. Markham, Sec".
Wm. Darvall,
The Gover' ordered ye Reading over ye Entrys of y' last Councill's Proceedings.
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