USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 29
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The Gov' proposed to ye Councill, That if he thought The ffree- holders of ye County of Philadelphia were yet disposed unto a more peaceable frame than at their last meeting, he should be glad to issue a writt for Election of two persons, as had formerly been done; but none gave any advice therin.
Nich. Walne & Edmd Bennet came from ye assembly, & sayd They were sent to acquaint ye Gov' & Councill That they were mett, & desired to know whether ye Gov' & Councill were mett, & were ready to heare what they had to say.
The Gov' desired them to withdraw till they could Consider what answer to give.
It having being considered, They were called in, and Desired to let the Assembly know That they wanted one of ye number of ye Coun- cill to make a Gen" Assembly ; But had sent & would use what in- deavors they could to have a full Councill against ye second day of ye next week, at nine of ye Clock in ye forenoon, with was agreed, nimine Contradicente, upon ye Question put.
The Petition of James Walliams was read, & all ye papers by him pesented touching ye proceedings had at ve County Court of New Castle, upon ye Seizure made ty ye Sayd Walliams of severall goods Imported into this Province by Peter Godefroy & Aliens, contrary to ye Law of England, for the better incouragem' of Navigation, &c. And upon ye reading & Consideration thereof by the Gov & Councill, It was Ordered That a Spec" Comission should be issued by the Gov" to 3 pesons, or any two of them, For the hearing & determining that matter, both as to the Seizure, forfeiture & qualification of ye Per- sons importing the Goods in question.
That the Com" do sitt in Philadelphia ye 21" of this month : And That ve Secretary give notice to - Playntiff, Def", & all persons con- cerned who shall be named by either of them, that they be in readi- nesse to attend ye sayd hearing & for giving evidence therin as the Case shall require; all wah was agreed, Nomine Contradicente. The Gov nominated Wm. Markham, John Symcock & Wm. Clark, or any two of them: some of them desiring to be excused, the Gov sayd he would settle that as he should think fitt, when yª Comission was ready.
Adjourned till ye next Second day of yª Week, at ten of the Clock to this place.
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At a meeting of the Councill at ye Gov" Lodging At Philadelphia ye 14ª of 34 month, 1689.
PRESENT:
JOHN BLACKWELL, Esq'., Gov".
Jn' Symcock, Barth. Coppock, Jnº Curtis,
Wm. Clark, Wm. Stockdale, Jnº Hill,
Jos. Growdon,
Wm. Yardly, Luke Watson,
Jnº Bristow, Sam" Carpenter, Wm. Markham, Secre.
The Gov' caused ye Entryes of ye two last dayes proceedings in Councill to be reade.
The Gov" acquainted ye Councill, That ye Assembly having sent, desiring they might have notice of ye Councill's meeting, they having some things to impart to them; and That he, ye Gov', had some thing also to say to ye Assembly touching the Lapse or falling of the Laws, desired they might be sent unto.
John Symcock & Joseph Growdon were sent for that purpose. They returned & brought word they had been with ye Assembly, and that they sayd they would be with ye Gov' & Councill within half an hower.
In ye meantime, Peter Gronendik's petition was read : And It was agreed a new Comission for the peace & County Court of Kent should be issued. The Gov' also took ye names of divers pesons recomend- ed to him by ye members of Councill to be Coroners for yª Respective Countyes, & directed Comissions should be prepared.
The Assembly came ; and after some pawse ye Gov' spake to them according to ye tenor of ye words following, viz' :
PHILADELPHIA, 140 of ye 3ª month, 1689.
Worthy Friends & Gent :-
This being ye first opportunity of your appearing together in this Assembly since my arrivall, I hold it necessary in a few words to in- forme you of my errand amongst you.
Having received a Comission from the Honble William Penn (The true & absolute Proprietary & Cheif Gov) for ye Governm' of this Pro- vince & Countyes annexed, under him & his heirs, I undertook ye journey from Boston in New England, hither, about the later end of ye last ninth month, and upon my arrivall presented myselfe to those whom I found in authority, Giving them a view of my Comission; (who voted their acquiesceing therewith,) and being thereby Referred (for my instructions & Guidance) to their Comissions, & such instructions as ye Proprietor had formerly given them, and ye Laws of this Pro- vince which he had past, I requested a view of them; and thence- forth male it my study to become instructed in my duty by them, and have accordingly acted to ye best of my understanding, But, It has been my great unhappinesse to meet w" unexpected opposition therin.
Gent., I shall not appologize for myself further than by telling you :
1. That I Sought not to Rule over you: It was from ye meere good will & pleasure of' ye Honb' Proprietor, (my worthy friend,) and I hoped it would have ended before this time.
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2. That Being Resolved of undertaking it for a time, I also design- ed to do it. with all imaginable respect to him & yourselves.
3. That I have endeavord so to demean myself therin as I doubt not (when my master shall receive the acco' of what has past since my arrivall) it will be sufficiently evidenced, That I have acted ac- cording to my Comission & instructions from him.
4. That in Expectation of his arrivall, (web God grant suddainly, if it be his will,) I shall wayt for my vindication against ye malevo- lencye of my opposers.
I suppose you have been formerly acquainted with ye reasons & necessity of ye Proprietor's absenting himself so long from you, as till the late Revolutions in England. He hath frequently evidenced his strong desire above all things to be restored to you.
What hath hinderd of late we have from divers Reports of things transacted in England, web require we should wayt for their being renderd more certaine; and in the mean time strive in our prayers, That the Lord who Gov's this universe will do it in wisdome and Good will towards all his suffering people, and ourselves in pticular.
I suppose, Gent., You expected some bills should have been sent downe to you from ye Prov" Councill, for y' Consideration before your coming up & passing them into Laws at this meeting.
Divers reasons may be given why none were. I shall acquaint you with some of them, Viz:
1. The Honb'e Proprietor (for reasons known to himself) hath given possitive directions for letting all the Laws drop or fall, Except the fundamentalls. And afterwards, for calling together the Legisla- tive authority to passe such of them, or others, as they should think fitt, for the future : (wh is my full intention to do.)
2. The Honb'e Proprietor being by his patent from the King, au- thorized by himself & his heirs, &c., (with consent of ye freemen,) to make, and (under his seale) to publish necessary Laws for ye good of the people; (web had never been done, with all requisit cir- cumstances, whilest himself was here, and without wch I much doubt whether what were past, or should hereafter be past, have that due sanction or establishm' wch Laws require ;) and finding the Great Seale, under which they should passe, was not to be had, (the Keeper therof refusing to allow the use of it in any cases, by my direction,) I therfore lookd upon it as labour in vayne now to attempt it.
3. The present posture & alteration of atfayres in Engl', The un- certainty touching yª Condion of ye Proprietor himself and his power ; and ya fears of what danger might ensue, as well to him as to our selves, in passing & confirming laws of such a nature as would have been approved of in this conjuncture of affayrs, forbad it.
4. The annimosityes and dis-sentions wch were here amongst you before I came, and have been lately Revived amongst the members of w *. Prov" Councill, by ye indeavor of some; as to their proccedings in y' service hindred their agreem' in Councill as to doing any thing, In so much as I was constrayned for Love & peace sake, upon that and ye other foregoing considerations, to dismisse them from further attendance on y' account.
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5. An Expedient occur'd to me of Lesse danger to us all, Viz': That I being by my Comission as aforesd, Referd for my Rule & in- struction to ye Laws then in being, & weh had been (as well by the Proprietor as ye people,) approved & owned as such whilest he was amongst you here, and observing y' he had Reserved ye Confirmation & disannulling of what Laws should be made in his absence to him- self, so that if any were or should be proposed, they could not take effect among us as laws till his pleasure should be therin declared, I came to a Resolution within myself, of observing them in ye Course of my Governm' as so many Rules & instructions given me by my Master, (as farr as I should finde or judge them not contrary to ye Laws of Engld,) and of supplying ye deffect or want in y' Laws by y* Laws of England, wch I believe will be most gratefull to Our Su- periors in England, Especially at this time; and will be as usefull amongst ourselves; there being no other way (occurring to my under- standing) whereby you may receive ye benefit of them. And in this purpose I remayne Steady, (Unlesse you shall otherwise advise,) untill by better information out of Engld we shall be led out of these State-meanders.
Gent., I assure you that I will (as farr as I judge I may wth a good conscience) manage myself in Governing you agreably to y' Charter from ye Proprietor, & the Rules & instructions of your Laws; (if I may be sufferd to do;) and where they are defective, according to y King's Letters Pattents, having a due regard to your Principles, (as I am instructed by my Master,) till God shall be pleased otherwise to direct & cleare our way to us all ; whose duty it is (as becomes Christians) in all things to attend & readily comply with his will. I say I will (as farr as I judge I may with a good conscience) so manage myselfe in Governing you, &c.
Then Gent. Let reason & not passion or prejudice, (through any mis informations,) influence you. I pray God direct us all therin ; That we may in this our day, know the things that make for our peace : Least they be hidden from our eyes and wee (too late) Repent & say, we were advised but understood it not.
I assure you nothing shall be wanting on my part, wherin I may justify a complyance with any thing you shall reasonably desire. But I expect ye same Liberty & exercise of my judgem' & conscience as you do. I am sure you will Expect no more from me, for I take it for granted, this is a fundamentall Rule with every one of you, To do to others as you would they should do to you. When I fayle to walk according to this Rule, My Master will not let me be any longer y' Governor.
Gent. I will only adde this, That as soon as we have certayne intelligence from Engld I will advertize you; and (if the Councill shall so advise) will call you together, in order to your being as early in bespeaking the Countenance of ye Authority over us, to indulge us in our differences from others, as may be expedient, and will cordially joyn with you therin, if you shall desire it, That you may have as large privileges & exemptions as shall be judged reasonable to desire.
Now if these things I have sayd will not please you, I can say no
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more ; but Go on and prosper in your owne Sentiments, and if you suffer by so doing, I shall be sorry your breach fell out in the time of my Government over you. But The will of God be done, with which I end at this time.
Arthur Cook, in ye name of ye Assembly, desired a coppy of ye Gov" Speach. He granted it them.
Arthur Cooke made a Speech, and afterwards offerd a paper, directed to ye Gov & Prov" Councill, sitting at Philadelphia ye 14" of the 3ª month, 1689, wch was Read, but nothing Resolved on about it : it conteyning some of the heads of things discoursed between ye Gor' & him before.
The Gov" desired a Coppy of ye sayd Arth. Cook's Speech might be given in to him in writing ; which was Promised by y sayd Arth. Cook.
Arth Cook moved a Comittee of ye Councill might be appoynted to conferre with. The Gov answerd he found no cause for it from the Charter, there being no laws to be conferrd about. But sayd himselfe would be alwayes ready with the Councill, (if he could get the Coun- cill to attend,) w-ch he declared would be as well
The Gov' proposed an adjournm' of ye Councill till to morrow morning, 9 of ye Clock. Severall of ye members desired it might be held at ye place called ye Councill Roome. The Gov' answerd it was to strayte & close for him this hott weather, That it was not large enough to receive ye Assembly. That therfore, he should continue his resolution of adjourning to ye same place. Some intemperate Speeches past from some about it, intimating as if they had a joynt power in appoynting the place. One asked him by what authority he took it upon himselfe. He replyed by virtue of his Comission from ye Proprietor & the Charter & lawes, wch required the members of ye Councill should attend him & not he them. Another affirming the Gov' dealt not fayrly with them, &c. web he reprorved, saying he was sorry he understood no better ; and adjourned accordingly to ye same place to. morrow morning, the 15th of this 34 month, 1689.
At a meeting of the Councill at the Gov" Lodging at Philadelphia, the 17th of the 31 month, 1639.
PRESENT :
JOHN BLACKWELL, Esq'., Gov'.
Luke Watson, John Hill, Wm. Stockdale,
Sam" Carpenter, Jos. Growdon, Jnº Curtis,
John Symcock, Wm. Clark, John Bristow,
Barth. Coppock, Wm. Yardley, Wm. Markham, Secre.
The Entry of the Last Councill's proceedings were Read.
The Gover' acquainted the Councill That ye end proposed for meet- ing at this time was, That if that wch he had formerly mentioned to them touching the issuing of some Declaration for ye Continuing ye
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Laws formerly past by the Propor to be of ye same force as now they are, & for acting accordingly in all administrations & Courts of Jus- tice, untill we should hear from England, might be allowed for an Expedient as touching ye dropping or falling of ye Laws, he should be willing, upon their advice, to concurre therin.
M' Markham declared his readinesse to give his hand to it.
John Symcock sayd, while ye Laws are in power there is no neede for that.
Wm. Clark. It is a Question with some, & also with myselfe, that it may not be safe for ye Justices to act by these Lawes after the As- sembly is broke up & ye 20 dayes expired; So that if this method should be taken, there may not be magistrates found to keep the peace of ve Governm'. It would seeme to be a scruple to me to act after ye 20 dayes are expired, after ye Assembly is broken up, for if after there came an alteration of ye Governm', those psons y' finde them- selves agrieved may bring us into Question for our actions when we had noe Lawes for it, or but pretended Laws.
John Symcock. The Question may be whether ye way of a Decla- raon propounded by ye Gov' can make it safe to act upon ye Laws.
Governor. Such actings, though not in all poynts justifyable, yet being necessary untill Laws can be duly past: (web cannot be without the Proprons confirmation:) an act of indemnity & confirmation of all judiciall proceedings in Courts need not to be doubted ; Governm' be- ing necessary.
Joseph Growdon. It is supposed That ye Laws formerly made were good before ye Gov' had confirmed them : and we suppose the Laws are in force as they are, if we will consent to ye adjournm' of yª Assembly ; therfore, 'tis my opinion, That ye Gov' & Councill con- sent to ye Assemblyes adjournm'. If we go in any other way we had as good do nothing ; possibly we may never be indempnifyed. Con- cerning ye Dropping of them we should be ready to acquiesce in any thing ye Gov' Comends; But if he do put any thing y' we cannot con- curr in, we hope we shall be Excused.
John Hill: If a bill or declaration were prepared for allowing all ye Laws past by M'. Penn till further order, it may be as sufficient.
Wm. Clark : nothing we can do till Gov' Penn shall approve them can give life to them.
Wm. Markham. I can not conceive why we are so fond of these laws. If they be not confirmed we must be governed by ye Laws of England, wch are agreeable to ye Common law, & are but Explana- tions of that ; & what are our Laws more than declarative of that.
Wm. Stockdale. The Assembly may adjourne themselves. It is my Judgm' ye Laws may thereby be preserved as they are, & that so we may act safelyer by them than if they were Lett drop & confirm- ed by a declaration.
Sam" Carpenter was of ye same minde.
The Gov' sayd, That ye adjourning of ye Assembly by their owne act does not seem to him to be any way countenanced, either by ye
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Charter or by his Comission or instructions, or ye Laws of this Pro- vince. But for as much as by his Comission & instructions ye Laws were appoynted to be his Rule of his Governm', he was satisfyed to Joyne in a declaraon for the administring justice according to them, & their being of like force as now they are till they should heare fur- ther from England, as he had declared in his Speech to ye Assembly; and doubted not but ye Proprietor would approve therof, & that if it were an Error, he would passe an act of Indempnity, as was usuall in such imergencies; and that therfore, if they could not consent thereto, or finde some other way, he must end that debate : he judged ye continued sitting or adjourning of ye Assembly to be of dangerous president & consequence.
John Bristow. My opinion is, that for as much as ye Laws have been all along uncertaine of ye assurance & strength requisit, yet all along have been practiced & the people governd by them ; in as much as it falls out that after 20 dayes they are voyd, I think it necessary & convenient yt ye Gov & Councill & assembly Joyne together to issue a declaration to ye Magistrates, that those Laws that have been made & confirmed from ye begining, & practiced, shall still continue & be in force till there be further order from ye Proprietor.
The Gover' sayd: He has spoaken my minde, & I am ready to do it, or any thing else that I can be advised, wherin I can pursue my in- structions.
Luke Watson. These Laws, after 20 dayes, are no laws, & we can give them no force, but they must of necessity fall, & we must be governd by ye Laws of England at present.
John Curtis. The Continuance of ye Assembly gives life & keeps life to them, wheras after ye rising of ye Assembly they must of ne- cessity drop, & all ye Laws & ordinances that can be made will signify nothing, but we must flye to ye Laws of England, & it will comeupon us to be sure.
Barth. Coppock. I cannot understand That we can act safely under any things but under ye Law ; not under any ordinance or de- claration, if they drop or fall, because they have not that publication which the Laws by ye Charter ought to have.
Jnº Hill. I do not think ye Assembly can be adjourned, but y' we may have recourse to ye Laws of England in matters to prserve y' Peace.
Jnº Bristow. This time 2 years, upon a neare like occasion, Orders were sent to ye Justices, &c., & I conceive we may do ye same now.
Wm. Clark, By way of accomodation, proposed That we might agree upon some Instrum' or declaraon to impower ye Magistrates to act by ye Laws that are now in being, & that it be left to y' discretion of y ministers of Justice where they see cause to act by ye Laws of England, & not to be tyed up wholly to the one or ve other.
The Gover & severall of the Members declared, that would leave things at great uncertainty, so that neither the people nor ye Magis- trates would know what to do.
The Petition of ye Inhabitants on Brandiwine River or Crock, against ye damn made upon ye Creek, web hinder ye fish passing up, to
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ve great damage of ye inhabitants, was read; and upon debate, it was thought fitt a time should be sett for giving notice to them y' were con- cerned on both parts, that they should make good ye Petition & they should be heard; but ye time was not agreed.
Adjourned till ye 24 day next week, between 9 & ten of ye clock, at ye same place.
At a Councill at the Gover" Lodgeing at Philadelphia y" 20" 31 Mo., 1689.
PRESENT :
JOHN BLACKWELL, Esq'., Gov. .
John Bristow, Jos. Growdon,
· Sam" Carpenter,
John Symcock, Griff. Jones,
John D'Haes,
WVm. Yardley,
John Hill,
Peter Alrichs,
Barth. Coppock,
Jnº Curtis,
Wm. Clark.
Wm. Stockdale,
The Secretary not being present, ye Entry of ye Last Councill's proceedings were not read.
Joseph Growdon acquainted ye Gov' That there were some mem- bers of ye Assembly attending from them.
They being called in, acquainted ye Gov' & Councill That they were sent from ye Assembly wth ye paper wch they had formerly pre- sented unsigned, wch was now signed by y e Speaker.
The Gov' asked them when they were sent with it.
One of them answerd: It was signed presently after it was re- turned to them, and that they had attended to have deliverd it, but ye Councill was not sitting.
The Gov tould him That was not an answer to his Question, for he sayd he heard there wasno Assembly sitting these two or three dayes past, and if So, he knew no use could be made of it, at this board. Wherupon they presented another paper, touching John White's be- ing imprisoned, being a member of the Assembly, & took upon them to desire their griveances might be Redressed, one of them saying, They were abused in that the members of Prov" Councill were not sufferd to sitt.
The Governor tould him, That none were hindred who had been duly Returned as duly Elected, save one who was charged with very high Crimes & misdemeanors, wch renderd him uncapable, and tould him That Expression was unfitt to be used before him. Also, that they were not judges of ye Councill's proceedings or members, nor could they receive any informaons. Himselfe & the Councill together were the Sole judges.
He Replyed, Then they must fflee to their old Charter, &c., for this was not according to what was promised them by ye Governor in England ; and they would maintayne their libertyes as English men, &c.
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Upon weh ye Govert bade them take their papers back to them who sent them, for it was not fit for him to Countenance such proceedings as would probably subvert ye Governm' & turne all things into Confu- sion. He was appointed to Governe them by ye Charter, & Laws made therupon, & was resolved to Execute his office accordingly.
Joseph Growdon, a member of ye Councill, bade them not to take ye papers back. Upon which,
The Gover" took them & put them into his pocket, till he could be more certainly advertised whether the Assembly were in being or not, and dismist them. They being gone, Joseph Growdon, (whis- pering of Wm. Yardley, and takeing that Liberty in Councill to go from one to another, out of his place, for that purpose,) Wm. Yard- ley stood up in his place, & sayd : It appeares to me there was an Assembly; and for as much as we are a people that are of meane education, sometimes our Speech appeares to be very Rude, d- memory weake, & therfore, We desire to present some things before thee ; and tenderd a paper folded up.
The Gov (apprehending there might be some thing in it of like tendency to what Expressions had past in Councill since ye coming back of Tho. Lloyd, who he heard had, with some of ye members of y' board, beene that forenoone very busy in consultation w" ye remayn- ing members of ye Assembly, & had renewed the former dissentions and annimossityes amongst ye members of ye Councill,) was not ha-ty to receive, nor did think fitt to open that-paper at prsent, and whilest they were debating whether to read it or not, the whole designe was made manifest By ye Coming in of Tho. Lloyd, John Eckley & Sam" Richardson, (without giving notice of their businesse. )
The Gov' therupon stood up and desired to know what their plea- sure was.
Tho. Lloyd answerd they came to pay ye Gov' their respects & to sitt in Councill, and inlargeing on y' Subject,
The Gov' tould them, He had formerly at severall times declared himself touching y matter: that they could not be admitted to sitt there till himselfe & ye Councill were satisfyed and had agreed it; and ther- fore desired they would withdraw & not interrupt ve present busin & debates by their Staying in ye Roome, for he could not admitt a a proceeding therin whilest they were present.
Tho. Lloyd persisting in his demand of sitting there, saying he had the Gover" Letters making him a Councellor, wch was as good as ye Gov" Comission.
The Gov' told him he had never seen any such Letter, nor did he ever think fitt to give him any attested Coppy of it. (if there were any such.) He replyed he would let him have it : and pursuing his demands of sitting, & some of ye members of ye Councill severally and tumultuously crying out I am for it : & I am for it, &c.,
The Gov' declared ye Councill to be adjourned till ye next councill day, viz': to ye fifth day of ye same week, at nine of ye Clock, at ye same place ; and Rose up out of his place to depart accordingly ; upon with severall of ye members of y Councill departed. But divers
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