USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 25
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Vpon reading whereof he observed there was a blank leafe of ye book of Entrys, and enquired ye reason thereof. The Secretary an- swered it was left fior ye Entry of y& proceedings of ye Councill vpon ye ffirst day of that week, being ye day wherein ye Tydings of affayres in England was brought by Zachary Whitpaine. The Gover direct- ed They should be Entred.
The Secretary acquainted ye board that he had Carried ye Draught of Commission past by ye advice of the Councill for appoynting Pro- vinciall Judges to ye Keeper of the broad Seal that night, and had acquainted ye Keeper y' he was desired to have it ready at ye Coun- cill at their next Sitting : he was ordal to goe to ye Keeper to ffctch it to ye Gover'.
Vppon his Returne he acquainted the board that he had Spoaken with ye Keeper, who told him he was going forth to a Sick person. but that his answer was Conteyned in a Lett' to him, (ye said secre- tary,) which he Intended to have sent. The Gover Directed ve Su- perscription might be read, web was as ffolloweth : (ffor my respected friend Secretary Markham, in Councell, These:) afterwards ye Letter
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it selfe, weh was as ffolloweth, viz: Secretary, The warr' wd+ I received .From thee ye 25 Ins'. in order to ye passing lett" Pattents vnd" ye broad seal, for Constituting of 5 Provin" Judges, haveing duly Consid- ered the same, I doe apprehend ye Instrument d d' * vnto me, to be in no wise proper for ye said seale; and as to ye Draught of ve Commission it selfe, it seems to be more moulded by flaney, then fformed by law : The Style insecure, ye powers vnwarrantable, and ye Duration not Consonant to ye Continuance of ye Laws vpon w-ch it Should be Grounded; ffor wch Reasons, and other manifestations, I Cannot without Violation of ye trust reposed in me, lett the same pass vnder ye seale in my Custody.
THO. LLOYD, Keeper.
Philadelphia, fridie Calend. 1m 1688-m', 9.
The Gover' Excepted agt ye same, as very vnbecoming any person without doors to vse such Expressions Concerning the Gover' as that of ffancy, &c., it haveing also past in Councill ; also, so ffar to ques- tion their authority as to deny to doe his duty in a Case of that Imer- gency. The Gover' Desired Every member of ye board would deliver his minde, and give him advice therein. Divers Spake to it, as judg. ing it a Contempt of that Court's authority, and of the Prop" Authority. ffrom ye King's Charter to ye Gover"; others that it was not an an- swer, to web ye secretary affirmed he gave it as his answer.
After long debate aboutit, and Every one haveing Spoaken his minde, ye Gover' desireing an Issue might be putt thereto, proposed this question, viz : whether the hoard did Judg that Letter, or any thing therein Con- tayned to be a Sufficient ground ffor ye Keeper's refusall to sett The broad Seale to ye said Commission? wch being Spoaken to, It was Re- solved in ye negative, by five of ye seven members present, viz: all but Arth. Cook & Barth. Coppock.
Resolved that this board doth Judg ye Keeper's letter to ye Secre- tary, or any thing therein Conteyned, was not a sufficient ground ffor yª Keeper's refusall to sett ye broad seale to ye Commission sent to him for y' purpose by ye Gover".
The Gover then proposed ffor advice by way of Expedient, and to ye end ye publick service and Justice might not be neglected, whether it may be ffitt to Require ye Keeper to bring ye said Com- mission and broad seale to the board, & ffor ye Gover" to sett the same to ye Commission, in his and their presence, and then to re- turne the same to him, there appearing no other way whereby ye ap- peales to that Court Could be heard, and ye whole Country would then be disappoynted and putt to great Charges.
The opinion of ye members agreeing that it was not advisable ffor y® Gover' to doe what appertayned to ye Keeper, and Arth. Cook's reason being that that were as if a man should borrow a swoard of an other to Kill a man. The Gover' told him that was uncomely to Compare the board's orders to a murtherers action : in Conclusion. it was Judged and Resolved ffitt rather to lett the thing alone ffor him to answer his refusall, and that if the Keeper refuse to doe his duty,
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it was ffitt he should be Called to acco' ffor it, to which only two per- sons Dissented, viz : Arth. Cook, & Barth. Coppock, which was ye Issue of that debate for that time.
The Gover acquainted ye board that David Lloyd, then County Clark of Philadelphia, haveing not made any submission or acknowl- edgment of his offence, as was ordered, there was a necessity some other person should be Commissioned, the County Court being to sitt in a ffew dayes, and that it was not ffitt to Suffer such Contempts of authority as began too frequentt, through ye Continuance of a Coun- cill without doors, &c., And that therefore he Should grant a Com- mission to Some other ifitt person, and desired that ye members at ye board would advise him who was ye ffittest person to Succeed him therein. James Claypoole was named by ye Secretary, seconded by Griff. Jones, Rob' Turner & Wm. Darvall, and it was said he had been some time a Clark to ye Assembly: the Gover" moved ffor their advice about ye County Seal and Records, that they would be necessary to be in a Readyness at ye Sitting of ye Court, and that Therefore, what had been done formerly for The disposing ye said seal and Records when ye said David Lloyd was made Clark, might be Read : vpon ye question, It was Resolved that ye like order as had fformerly past for ye Disposeing ye said seale & Records, when ye said David Lloyd was made Clark, (mutatis mutandis,) Should be in this Case sent ffer the Delivering the same vp to ye secretary, or ye said James Claypoole; Arth. Cook and Barth. Coppock only dissenting.
Vpon Rob' Turner's motion about ye setting out the way from the ffalls to Philadelphia, and Declareing ye Dammage the Country received by persons Carrying their Corne to Birlinton, &c., by reason of y" badness of ye way to Come to Philadelphia markett, occasioned by many persons Turning the vsuall Road out through their Inclosures, Contrary to a fformer order of ye board, and that it ought to be don by the Survey' Gene", or his Deputy, with ve assistance of some of ye justices of ye County of Philadelphia and Bucks; It was agreed that the Survey' Gene", or his deputy, attend this board, to shew Cause why ye same was not done, and to give his opinion Concern- ing it, what he Conceives is fritt to be don therin.
Woollasion attending to Complaine the order of this board Con- cerning ye forceable Detaynare was not Executed ; but ye board being also Informed that ye justices, or some of Them, were Expected here, that matter was deferred ffor next Councill, on ye 2 day of ye next week.
The Gover' Declared that ffrom hencefforward vntill the time of ye meeting of ye whole number of Provin" Councill, he should dis- pence with Each other weekly day of Keeping Councili, and that ye ordinary day of meeting Should be on the 2ª day of Each week, ye mean while, vnless he judged there were an Extraordinary occa- sion requiring other days of meeting besides that.
The County Court of New Castle being by adjornment appoynted to be on ye next day after ye Election of members for Prov" Councill and Assembly, and severall Causes being to be heard there, wherein
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persons of other Countyes were Concerned, whose Duty it was to at- tend their owne County Elections, w-ch might Continue two or Three days, it was therefore thought meet y' ye said County Court of New Castle be Directed to Adjorne the Causes of Such persons for a Con- venient time, not vnder two days; wch Being putt to ye Question, it was Resolved in the affirmative, Nemine Contradicente.
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At a Meeting in ye Councill Roome in Philadelphia the ffirst of The ffirst month, 1688-9.
PRESENT :
JOHN BLACKWELL, Esq"., Gover'.
Wm. Clark, Griff. Jones,
Wm. Markham, Sec".
Wm. Darvall, Sam" Carpenter,
The Gover" haveing Recd Instructions ffrom The Chief Proprietor and Gover', Caused notice to be given to all ye members in Towne to Convene in ye Councill room at ye tenth hour, in order to Communi .. cate such parts of ye said Instructions as were requisite.
The Gover' Came, Stayed about Two hours, vett had not a Suffi- cient number ffor a Councill, notwithstanding The Secretary person- ally gave notice thereof to Arth. Cook and John Symcock, who told him they did not Intend to be there.
At a Meeting of The Councill in The Councill room at Philadel- phia ye 4th of ye first month, 1693-9.
PRESENT:
JO BLACKWELL, Esq'. Gov".
Rob' Turner, Wm. Clark,
Arthur Cook,
Griff. Jones, Sam" Carpenter, Wm. Markham, Sec".
Wm. Darvall,
The Gover' orderd the Entrys of The last day's proceedings in Coun- cill Should be read: they were read accordingly.
The Gover' acquainted ye Councill that since their last meeting he had Received Instructions from ye Chief Gover', dated ve 24ª of 7ber, 1688, wherein, amongst other things, he was pleased to direct that ve murtherous woman's sentence should proceed, ye Case being noto- rious & barbarous.
In ord' to ye Councill's proceeding therein, ye Gover' Directed y' Secretary to turne to ye place in his book wherein the minutes touch- ing ye reprieve granted was Entred, to ye End they might know whence it arose.
It appeared to be granted vpon the Petition of John Richardson, brother to ye murtherer, wth Petition was Read. It appeared also that a sentence of Death had passed vpon her in a Provinc" Court held in
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ye County of Kent, where ye ffact was Committed, and that the sª Prov" Court was Duly Authorised by ye Then Presid' and Councill, by Commission vnd' the Lesser scale, dated ye 2ª of ye 21 month, 1687.
Vppon Consideration of The Petition, &c., It was ordered by the Presid' & Councill ye 19th of ye 31 Mo., 1688, that ye Sheriff Should suspend ye Execution till ffurther order vpon the whole matter : it was ordered by ye Gover' and Councill, The secretary only Dessenting, that ye said order of Suspention be of no ffurther fforce, and yt yª Sheriff of ye said County of Kent doe Cause Execution to be done ac- cording to ye tenor of ye Judgment past by ye Provinciall Court, and that ye day flor doeing thereoff' be on ye fifteenth day of This present ffirst month, commonly Called March, and that M. Clark be desired to take Care that ye ord' ffor Execution be delivered to ye Sheriff ffor y' purpose.
The Secretary read a letter ffrom John White, Clark of ye County Court of New Castle, wth ye Coppy of a paper sent by him from Edw4 Blake, Jo" fforalt, and Charles Rumsey, Justices of ye peace of y said County, Certifieing some proceedings by them had vpon a fformer order of ye Gover" & Councill, about Viewing and remove- ing yª fforceable Entry and Deteiner made on the house and land of Tho. Woollaston, in ye said County, ye possession whereof had been formerly given to ye said Woollaston, persuant to a Decretall order of ye Provin" Judges, by ye Sheriff of ye said County, and since againe taken ffrom him, as by his Petition to the Gover' and Councill and their said order, referrence being therevnto had may appeare.
The said paper being read, it appeared that in Stead of Executing ye said order, the Jury was by ye Justices affirmed to have given in ffor their virdict that Wee Jurers of Enquirie doe ffinde that there was a fforceable Entry Committed by Edwd Gibbs, high Sheriff of New Castle, and Richard Reynolds, his Deputy, vpon the house of John Gramton, about ye Latter End of ye Last Eight month, Called Octo- ber, 1683.
HUGH MARSHLAND, fforeman.
This was judged by ye board to be a great affront and Contempt of their authority ; but what remedy might be given did not occurre to ye board, it being properly remidable by ye Prov" Court, wca the Keep- er had refused to authorise vnder ye great seale, as he had been or- dered to doe.
Many things were Spoaken by way of Grievance that ye Gove" and Councill should be so obstructed in their remedying such Complaynts and y ffurther debate of ye matter taken vp.
Some declarcing ye Keeper's refusall was a misbehavior in his office, and tending very much to ye hurt & Dammage of ye people of y" Pro- vince; y' it was dishonourable to ye Government, and gives occasion to others to slight Governm' and authority. That they thought it was to no purpose ffor them to give their attendance in Councill if they Should be by such mneans hindred of doing Justice to ye people, and that they were weary of such attendances vpon such obstruc- tions, &c.
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Wm. Clark moved ye Keeper might be spoken with, to see if he would give any other answer, web was Seconded & Thirded.
The Gover" named Wm. Clark, The Secretary, & Sam" Carpen- ter, to attend ye Keeper to see if any Expedient can be found for preventing ffurther heats arriseing vpon such occasions, who were to report their proceedings to ye Gover' and Councill to morrow morn- ing, by seven of the Clock, all ye members of Councill now present promiseing to meet at that Time to Receive the same.
adjorned accordingly.
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At a Councill in the Councill Roome at Philadelphia, ye 5th day of the 1st month, 1689-9.
PRESENT:
JOHN BLACKWELL, Esq'., Gover".
Wm. Clark, Sam11 Carpenter, Rob' Turner,
Wm. Darvall, -
Griff. Jones, WVm. Markham, Secre.
The Gover' ordered ye Secret' to read ye Entrye of last Councill's proceedings. They were reade.
The Gover' took Exceptions at ye Entering ye Secretary's dissent in ye body of ye order touching ye Execution of the Murtherer, we was struck out with a pen, & the Secret" allowed to enter his dissent thereto in the Entry of this day's proceeding, if he thought it need- full.
The Gover' also tooke Exceptions to the brief Entry of M. White's Letter, & ye Justices returne from New Castle, & by directions of ye board they were ordered to be entred verbatim, at large, which were as followeth:
To the Honble the Gov' and Provinciall Councill of ye Province of Pensilvania & Territories, Gent.
I Received a certain Paper from Edward Blake, John fforat & Charles Rumsey, Justices for the County of New Castle, w-ca I was commanded to Record, and to send a Coppy thereof to the Gover' & Council. In obedience to their commands, I have here inclosed a true Coppy of the originall, wch is all I have in charge at this time.
from, Gent., your humble servant,
JOHN WHITE.
NEW-CASTLE, vltimo, ffebruary 1698-9.
The Gover Directed that the Comittee Ordered yesterday to attend the Presid', to see if there were anything could be done by way of Expedient for preventing further strifes & heats, would Report the issue of their proceeding therein with him.
Wm. Clark Reported, That pursuant to the said Order, they went to ye Keeper & let him to understand that it was the Order of the Gover' & Councill that they should go to him to ask if he would give
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any further answer to ye Refusall of puting the broad Scale to the Commission for Provinciall Judges ; to which the Keeper answered, That he thought that weh he had given in answer in writing was sufficient; And that if ye Gover' & Councill did not look upon it to be so, if they did not approve of it, if they pleased to signify their mindes in writing wherin it was insufficient, he would give his answer to them againe in writing. This was agreed by the Comittee sent to be the substance of the Keeper's answer in words, as near as they. could remember.
The Gover' declared he did not think it was their work to dialogize with any man without dores, and desired the severall members of Councill would give their opinions upon it, whether The Keeper's dealing with the board herin in that matter did not argue contempt of their authority.
Griffith Jones was troubled that the Gover" and whole Province should be so wholly obstructed from doing Justice : That ye Keeper by these dealings is the Ruler, & not the Gover" & Councill : That he would have been glad the Keeper had complyed with that which tended to the doing Justice in the Countrey, But that by this he perceives if the Keeper lay his hand & say Thus farr you shall go & no further, to the obstructing all Justice, we must sitt still, &c. This is the way to Create animosityes & making partyes ; this ought not to be suffer- ed; It is not well, &c .: That he judged the Keeper is answerable to the Gover' & Countrey for this misdemeanor, and offered to be one of them that should charge him to make answer for it; and said, if the Keeper be thus suffered, 'tis to no purpose for us to spend our time in sitting & giving Councill here, &c.
Wm. Clark. Some things were difficult to us in the former debates concerning the Comission, Viz' : I was doubtfull upon which Law the Commission should be grounded : much was to be said on both sides. He could be willing there might be a right understanding that we might not be put to ye Extremity & severity.
The Gover minded him of the issue the former debates had brought that matter to already: That it was fully agreed That the later law was fulfilled ; that it did infringe the Gover" Authority; (wcs he had reserved out of their power by his Commission to them ;) That ther- fore it fell of it selfe. That the former Law was cleare, viz: direct- ing the Court to be settled yearly. That the Gover" had in his Charter Reserved the sole power of nominating & Comissioning officers to himselfe during his life, and appeald to M'. Clark, &c., whether all those things had not been largely debated & resolved.
Wm. Clark Owned that the latter Law did infringe upon the Go- ver" Prerogatives ; He acknowledged what the Gover' said, & sayd I see there is a necessity to make use of the authority of this board.
Griff: Jones. It is the King's authority that is opposed, & lookes to me as if it were a raysing a force to Rebell.
Robert Turner said he never saw such shuffling in matters of mo- ment in his dayes: as to hearing the Keeper farther, if he had any thing that scrupled him in matter of Law, he should have answer'd those things upon the application of the Committee to him, And he
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should have given his advice to them.' But It appeares we have two Gover" & two Councills: One within and another Without. Our words & doings are carryed abroad, & come to be debated by some (among ourselves) with ancther Gover, & thereby the mindes of some persons are altered from what they have declared & moved here, (before they were influenced by those Councells,) so that we cannot proceed, which is neither for the quiet of the people nor honour of the Governor.
Severall members moved the Question might be put upon the whole, which was thus proposed by the Gover", Viz:
Whether upon the debate of the Keeper's answer & other passages of Contempt offering themselves upon this debate, they did not judge the Keeper to have highly misdemeaned himselfe in his office of Keeper of the broad Seale, in refusing to perfect the Commission sent him for Provinciall Judges, under the broad seale, (It was Re- solved in the affirmative, Sam" Carpenter only dissenting,) Viz: that they did Judge he had highly misdemeaned himselfe in his said office thereby, &c.
After passing this vote Arth. Cook came into the Councill.
A paper was delivered in to the Gover' & Councill by Ja. Clay- poole, appoynted Clerk of the County of Philadelphia, inform- ing the Board, That David Lloyd refused to deliver up the books, &c. of ye said County Court, wych ve Gover" & Councill had ordered, Ex- pressing that Tho. Lloyd had ordered him not to deliver the same. The tenor of which is as followeth, Viz:
To the Honble John Blackwell, Esq'., Gover"., &c., & Councill.
Wheras, by a precept from the Gover' & Councill, I was comand- ed to Receive of David Lloyd the Records, papers & Seal relating to the Clark's office, and belonging to the Court of the County of Phila- delphia, in obedience whereunto, upon ye Reception thereof, I in- formed the said David Lloyd, & delivered it to him, who promised from time to time to deliver up the same into my hands, and this morn- ing denyed to perform his promise, but gave me in answer that Thomas Lloyd had ordered the contrary, without whose leave he would deliver up nothing.
JA: CLAYPOOLE.
PHILADELPHIA, 5th 1st Mo., 1683-9.
The said Da. Lloyd was sent for to come to ye Gover' & Councill, then sitting. Being come, The Gover' demanded of him if he had read the Order of that board for delivering up the papers, Records, Seale, &c. belonging to the County Court, in his Custody, to James Claypoole, appoynted to succeede him in that imployment.
He answered, yes, he had received a Coppy of such an order.
The Gov' asked him by whom y' sd order was signed.
He answerd he did not remember.
The Gover' asked if it had not a seale set to it.
He answerd yes.
The Gover' asked if his (viz : the Gover") hand was not sett to it. He answered yes.
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The Gover" asked whether he had delivered the same accordingly, He answerd no.
And then produced a paper Commission, under the hand & private seale of Thomas Lloyd, dated the 1st of ye 1st Mo., 1689, of the tenor following, which the Gover' ordered to be read :
PHILADELPHIA,
By authority of Letters Pattent, under the Broad seal of this Province, Granted unto me by The Proprietaric & Gover', I doe hereby Constitute & appoint thee my Deputy in the office of the Rolls & Publique Records for the Coun- ty of Philadelphia, & for the Entring of all Judgments of Courts, publique Proceedings of Justice, Legal Cases & of all other Instruments wch are by Law to be inrolled & Recorded, & to take such Fees therefore as are Provided : And for ye Better Enabling thee to Discharge the said Place, I doe Jure Officv as Keep- er & M'. of the Rolls, nominate thee Clarke of the Peace, & also Clerke to the Justices For ye said County, & to act therein according to Law & uncontrolled usage. Given at Philadelphia, the first day of the 1st mo., A. D. 1689.
THO : LLOYD, Keeper, & Mr. of the Rolls.
To my Trusty Friend, David Lloyd:
The Gover' demanded whether he would observe the order of the Board.
He answered He would deliver up what was in his Custody either to the Secretary or to the said Ja: Claypoole that day.
The Gover' ordered him to withdraw; and desired the board would give their opinion touching his answer.
The Board Resolved that they were satisfved in his answer, That he would deliver them up according to their former order.
The Gover' then againe Ordered ye said Commission under the hand & seale of the Keeper should be read, Which was read accordingly.
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The Gover" desired their advice & opinion whether that act of his were not a high presumption & usurpation upon the Gover" authority, Declaring he did not doubt but that he might make a Deputy as Mas- ter of the Roles, for doing what appertayned to that office; but to make a Clerk of the peace to ye Justices, & Clerk to ye County Court, he Excepted against as having no President, The Disposing of all offices being by the Chiefe Gover reserved to himselfe for his life.
This was some time debated, with great trouble that the Keeper should so misdemean himselfe, divers attesting they had not knowne such a thing done before ; After which this Question was put :
As many as are of opinion that this Commission produced by D. Lloyd, signed by Tho. Lloyd, & sealed with his owne private seale, (as farr as appeared to them,) dated ye 1ª of ye 1st mo., 1689, nam- ing & Commissioning David Lloyd to be Clerk to the Justices & County Court, as therin is Exprest, is a high usurpation upon the Gover" authority, declare yourselves in the affirmative by rising up from your seates. All the members present (Except Arth. Cook & Sam" Carpenter) arose upon the affirmative. M. Carpenter declare- ing he did not understand it, yet sayd he did not justify Tho. Lloyd.
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The Gover' proposed to the board to give him their advice concern- ing the disposall of the said Commission, or returning to D. Lloyd.
The Question being put, viz :
As many as are of opinion That this Commission remavne with the Secretary, to. be used as the Gover' & Councill shall think fitt, Declare yourselves in the affirmative hy rising up from your seates. All the members present arose: (Except the said Arth. Cook & Sam" Carpenter.)
Adjorned till 4 of the Clock in the afternoone.
AFTERNOONE OF THE SAME DAY. .
The same persons present.
The Reason of the adjornment being to be informed whether David Lloyd should that day deliver up the Records, papers, & Seale of the County Court, according as he had promised, It was Reported that he made no scruple to do it, & had done it in part; Whereupon the Go- vern' adjourned till the next second day of ye weeke, Viz : to ye 11ª of ye 1st month, according to former order.
At a Councill held at New Castle (one of ye Countyes annexed to ye Province of Pensilvania) the 13 and 14th days of ye first month, commonly called March, 1688-9.
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