Colonial records of Pennsylvania, Vol. I, Part 30

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 1330


USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 30


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remayned, and a great deale of confused noyse & clamor was Expressed at & without the doore of ye Gov" roome, where ye Councill had sate, wch occasioned persons (passing by in the Streets) to Stand still to heare, which ye Gov' observing, desired ye sayd Tho. Lloyd would forbeare such Lowd talking, telling him he must not suffer such doings, but would take a course to Suppresse it, & shutt ye Doore. So he went away, attended we severall of ye members of ye Councill, others stay- ing behinde w ye Governor.


At a Meeting of the Councill at the Gov" Lodgeings in Philadel- phia ye 23% of 3ª Mo., 1689.


PRESENT:


JOHN BLACKWELL, Esq'., Gov'.


Wm. Clark, Pet. Alrichs, Barth. Coppock,


Jò. D'Haes, Griffith Jones,


Wm. Yardley,


John Hill,


Sam" Carpenter,


Wm. Markham, Secre.


Luke Watson,


The Gov" directed That the Entryes of the proceedings in Councill ye two Last dayes of their meeting should be read by the Secretary. They were read.


The Gov' proposed, That for as much as the Assembly had discon- tinued their sitting, & were gone, they would take into Consideration the preparing & issuing of some Declaration in the name of the Gov' & Councill, as he had severall times moved during their Sitting, for continuing the Laws past by the Propor before his going for Eng- land, to be of the same force as now they are, untill we should heare further from thence.


Wm. Clark sayd: What ye Gov' has proposed is very necessary, for it will be of very ill consequence to Lett the Laws wholly fall, & have no Laws of our owne to be governed by. Most are Strangers to other Laws; These we are acquainted with. It would therfore be of great service, since we can not have ye Assemblye's concur- rence, that they be passed as the Gov' proposes, by a Declaration issued in the name of ye Gov & Councill.


Wm. Markham. Had we not mett With such interuption as we did, We might have had a body of Laws fitted for us when we first came to- gether as a Legislative Councill for preparing them : But now we have been put into such distractions, as our Laws must continue in the same distracted forme or not at all. But since it is the desire of ye People y' the Laws should so continue, though the Propor have di- rected the Letting of them fall for the psent, & afterwards preparing new Laws, I have requested the Gov' y' they may be continued with as strong force as may be; and you See the Gov' is ready, & only wants y' Consent.


Gov. I have often proposed it, and will proceed in my Governm' according to ye Rules of ye Charter, and all the Laws made before


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the Prop" going for England, whether you shall think fitt to passe a Declaration or not, being by my master directed so to do ; Save only wheras one of those Laws requires that Comissions for constituting of Prov" Courts & Judges should be past under ye Great Seale, ( web ye Keeper will not allow,) I shall reserve a Liberty to passe such Co- missions under ye Propor Lesser Seale.


John Hill. I agree to what ve Gov' proposes, for acting by the Charter & Laws made, and think it is fit, since the Keeper will not per- mitt ye use of ye great Seale, that they should be past under ve Lesser Seale, for it's necessary y' Prov" Judges be appoynted for appeals, d.c.


Wm. Yardley. I desire time for further consideration. Though it has beene before us, We have not had y due consideration, & we have not a full Councill.


Governor. I can not helpe it that ye members will not give their attendance; they all know of this dayes meeting & yt the Councill was adjourned to this time & place. I know by too sad Experience, what's meant by desiring further time for consideration: "T'is nothing but time to consult without doores with those y' have allways obstruct- ed our proceedings, as to doing any thing that's good for ve people. It has been allready debated, & every man been suffered to speak his minde at large, & we might have brought it to an issue at last meet- ing had we not been interupted as then we were, by ye coming in of others, &c.


Wm. Clark. We had been heard; and I desire we may not be detayned any longer. I desire ye thing may be put in to ye speediest way to give satisfaction to ye people y' sent us hither.


Sam" Carpenter Proposed to Receive a paper.


The Gov' Refused it, saying, he would not admitt of any interrup- tion to this debate, till it were over; telling him he had heard it was unduly hatch'd by ve late President & some of ye members, with y' remayning part of y Assembly, wch was a course not to be counte- nanced; It behoved the members of y' board have been present & de- clared their mindes, & given their assistance in this weighty matter under consideration ; and that he had adjourned for that occasion !o this time on purpose.


Wm. Markham. I am against making protests one against another. Let us have a friendly debate at ve board of what's before us for our Consideration.


Wm. Yardley. I am very much for y" preservation of ye Laws : and rather than this opportunity shall passe, I am for it.


Sam" Carpenter. I think ye Assembly might be had.


Gov'. They have disolved themselves, wch though it were not Lo- gally done in all usuall circumstances, yet they are thereby become felones de se, as to their power of present sitting, and ye Gover declar- ed he did not see any reason to contrive their Sitting on this occasion: they were so divided amongst themselves as that a very great part of them had protested against their proceedings, & withdrawne as being ashamed of their doings.


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Clark, Yardley & Coppock. Leave the thing as it is.


Wm. Markham. I did Scruple ye thing of confirming ye Laws by a declaration when first proposed, But some reasons that have since come to my minde, & specially considering we are not making new Laws by it, and for as much as we were disturbed when we were about that, & could not procced, I am now of another minde. The Assem- bly could not but have sayd I or no, &c.


The Question about it being called for, was thus Stated & agreed, Viz': As many as are of opinion That a declaration be prepared agreable to ye debates at this board, to be issued in the name of ye Gov' & Prov" Councill, for continuing ye Laws formerly past by the Proprietor, in ye same force as now they are, untill we shall receive orders out of England about yt matter ; & that in ye meantime, All Officers, (Viz': Justices, Sheriffes,) &c., te required to act in their Severall Stations & Capacityes in all their proceedings & doings, ac- cording to ye Charter & those Laws, wth this Proviso, That ye Gov" may issue Comissions for Prov" Judges under ye Propº" Lesser Seale, declare y' consent by standing up in y' severall places. Wherupon all ye members prsent stood up, Except Sam" Carpenter.


The Question being put in ye negative, The sª Sam" Carpenter stood up allone.


The Gov' proposed a Comittee might be named for drawing up such declaraon, Which was agreed; & That Wm. Markham, Wm. Clark & Wm. Yardley, or any two of them, should be the Comittee, & should withdraw : the Councill were Sitting till their returne.


After about an hower's space, the Comittee brought in & Report- ed their draft of a Declaration, signed by all three of them.


The sayd Declaration was three times read, debated & spoken to: some alterations were in the debate proposed & agreed on. And upon y® Question put, Viz': As many as are of opinion That this forme of Declaraon brought in by ye Comittee, as now it stands altered, shall be issued, according to the intent of ye foregoing Resolve, and sent into each County, to be there published as ye Act of the Gov & Councill, at there respective County Courts or meetings, Declare your assent by standing up in your places. Wherupon they all stood up Except Sam" Carpenter.


The Question being put in the negative, The sd Sam" Carpenter stood up allone.


Afterwards, The Governor & all ye members of ye Councill present (Except Sam" Carpenter) signed ye Sayd Declaration, being about two of ye Clock afternoone, which is as followeth, Viz':


A DECLARATION:


By the Governor and Provinciall Councill of the Province of Penn- silvania and Counties thereunto annexed.


Wheras, We have just cause to suspect that some persons have indeavored to suggest and insence ye minds of the good people of this Government, That the Governor and some of the members of


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Provinciall Councill have had a designe or intent to subvert and over- turn this frame of Government, and to make voyd the Charter of Liberties and Privileges which the Chief Governor and Proprietor hath been pleased to Grant unto Us and our Successors; and that they have also designed and intended to make voyd ye Laws of this Go- vernment, which have been (at so great trouble, charges and expences of the Proprietor and People) made for the preserving of the King's peace, and ye mantaining of our Properties and privileges, and so to Rule by an Arbitrary Power; We do therefore think fit to declare, and we do hereby Declare, That We never had any such thought or intent, But were allways fully Resolved to Keep and preserve the same, as much as in Us Lyes; and should have been very ready to have joyned with the Assembly in the confirming of a Law for that purpose.


Ard for as much as that hath been obstructed or omitted, We have thought fit to Declare, and We do hereby Declare, That all the Laws past and agreed on by the Proprietor and Chief Governor, and Free- men in Provinciall Councill and Assembly, made before the Propric- tor's going for England, shall be, continue and Remayn in the same force as now they are, untill We shall Receive Orders out of England about or concerning that matter; With this Proviso: That the Go- vernor may issue out Commissions for Provinciall Judges, under the Proprietor's Lesser Seal: and That in the meantime, We do hereby Require and Command all Officers of this Province and Counties an- nexed, that they, in their severall Stations and places, do Act in all their proceedings and doings according to the Charter and Laws made by the Proprietor and People, as aforesaid, untill further Order. Given at Philadelphia, the three-and-twentieth of the third month, Anno Dom. 1689.


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JOHN BLACKWELL, Gov.


Peter Alrichs, Griffith Jones, Luke Wattson, Barth. Coppock, John Hill, John D'Haes, Wm. Markham,


ye Committec.


Will. Clark,


Will. Yardley.


Wherupon ye Governor acquainted the Councill he had nothing further to propose to them at pesent; and that, (although he might not dispence with their Charter-attendance, not knowing what might fall out on a suddaine,) Yet he saw no incouragem' to call them to- gether oftener than necessity required, they being grown into such ffactions as he could Expect little assistance from them: That he would therfore Governe them in all points according to the Charter & Laws, as they had declared, so farre as he might act as Governor without them, untill he should heare further from England; and if any urgent occasion required it, he would give them notice therof. In the meantime adjourned them till further Order.


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The Gov' having on ye 16th day of ye 6th Mo., 1689, Recd a Letter from Joshua Barkestead, dated Talbut County in Maryland, the 8' of Au- gust, 1699, Directed ye Secret' forthwith to issue Orders to the respec- tive Sheriff's to Sumon all the members of ye Prov" Councill to ap- peare in Councillin Philadelphia ye 23th day of ye sª 6th month, 1689, which was done accordingly.


At a Councill at the Gov" Lodgeing in Philadelphia, ye 28th 6th month, 1689.


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PRESENT :


JOHN BLACKWELL, Esq'., Gov'.


John Symcock, Barth. Coppock, John Hill,-


Sam" Carpenter, John Curtis,


Wm. Markham, Secre.


Griffith Jones,


The Petition of Robert Turner, Benja. Chambers, &c. in behalfe of themselves and others, was Read, Requesting an ord' for ye Laying out a Road from Philadelphia to Bucks County, &c.


Wherupon it was Orded y' Rob' Rurner, Benj. Chambers, Jos. ffisher Sylas Crispin, Tho. ffayreman, Rob' Addams, with a Survey', w" what Convenient Speed may be, do sett out a Cart road according to Statute.


The Petition of Tho. Clifford, for satisfying 5 years Service as Doore Keeper & messenger of ye Councill was read, and Referred to a fuller Councill.


Adjorned till 9 to morrow morning.


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At a Councill held at ye Gov" Lodgeing in Philadelphia ye 29th 6th Mo., 1639.


PRESENT:


JOHN BLACKWELL, Esq'. Gov.


Sam" Carpenter, John Hill,


John Bristow,


Griffith Jones, Peter Alrichs, Barth. Coppock,


John Curtis, John Symcock,


Wm. Markham, Secre.


Wm. Clark,


The Petition of Tho. Clifford was againe Read.


The before named members of Chester, viz': John Symcock, John Bristow & Barth. Coppock, promised to pay 20' in part of Glh. Wm. Clark & John Hill yt like 20 for ye County of Sussex. And upon debate, Ordered y' a Letter be written to ye Gent : of ye County of' Bucks as from ye Gov' & Councill, desiring them to do as all ye other Countyes have done, in advanceing each County 20' on this occasion.


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Ord" That besides ve sayd six pounds formerly directed and advan- ced as afore savd, there be 40ª more, viz': 3lbs in all, layd on each County at their next Levyes, to be payd to vesª Thomas Clifford, in full satisfaction of all his claymes & demands whatsoever, to be re- turned by ye respective Sheriff's, & that it be recommended to ye re- spective Justices to order and forward the same accordingly.


Agreed nemine Contradicente.


Adjourned till 3 of ye Clock in ye afternoone, p' cize.


POST MERIDIEM.


Present the same pesons as in ye forenoon.


The Gov' acquainted ye Councill, That ye reason of his calling them together at this time was to minde them that there had been for- merly severall Rumors of danger from ye french & Indians, in con- junction with ye Papists, for ye Ruine of the Protestants in these parts, and of ye alarme formerly given, as if 9 thousand french & Indians were then neare approaching for y' purpose, upon wch ye Justices & Sheriff's of ye two Lower Countyes, with ye people thereof, had beta- ken themselves to armes for their defence; wherof he then gave ye Councill an account, from ye Letters he recd out of ye så Countyes : as also, of a Letter he had recª from one Cap' Le Tort, (a french man, living up in the Countrey,) agreeing therewith ; which they did not see any reason to give heed unto : And further, to acquaint them y' he had lately reca a letter from M. Joshua Barkstead, out of Mary- land, advertising there was sufficient proof that ye Papists in Maryland had been tampering with ye french & Northern Indians, to assist them to cutt off ye Protestants, or at least to reduce them to ye See of Rome, &c., which Letter was read 'n Councill: adding an account thereto of y* Crueltyes & barbarous usage of ye french Indians upon ye peo- ple of New England ; murthering about 100 persons, burning houses, & plundering ye people of their goods & Cattell, &c., and (using y' Proverb) that there was no smoak without some fyre. That these things might be Expected to come suddanily upon us, as well as our neighbours. That his office was to be their watchman, & he durst not conceale the Knowledge of these things, Without acquainting them & receiving their opinions & advices what was fitt to be done therin for their security, and setling the mindes of ve People, who in some places, (pticularly in New Castle,) upon the apprehension of feare from these things, had been very much disquieted & taken themselves to armes, but were quieted by the Justices of that County residing amongst them. He also acquainted them, That divers of the inhabit- ants of New Castle had declared themselves unsatisfyed That King Wm. had not been proclaymed as in other Countyes, & that ve same had been signifyed to him by M'. John Cann, By whom ye Gor' savd he had sent them word; he had not recd any orders for ye doing it, nor did he know in what manner or tearmes it was to be done, having never seen any proclamation for that purpose ; and that he feared he might either Exceed or fall short of the titles ought to be given him, which would (he thought) be treason in either case ; That he Expect- ed y first ship out of England would bring orders about it, and y'


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upon receipt therof, he would do as he should be directed. That ha- ving called ye Councill to advise him in these cases, he had nothing else to trouble them about at this time; but if any damage should happen to them for want of what informacord he had rec" he knew he was responsible to ye King & state of England, (to ye hazard of his life,) if ye Province should be invaded & lost out of his Maj'ye Do- minions: & Therfore, prayed they would be very Serious & Solemne in giving him their opinions & advices what they thought of these in- formations, and what they would have him do therin, for that he knew he could do nothing without their assistance, but suffer with them, which he feared was neare at hand, &c.


Wherupon Peter Alrichs gave an historicall acco' of ye proceedings of ye Mohawks in the yeare 1665, Concluding he did not think they were any great number, or that there was cause to be affrayd of them, &c.


Wm. Clark sayd : he beleived some thing might have beene here- tofore intended of such a nature as was suggested, but that being frus- trated, he believed that designe is wholly dead ; neverthelesse, that he thought they were obliged to ye Gov" for signifying these things to them.


John Symcock sayd : he did not see but that we are as Safe, Kee- ping peaceable, as those that had made all this strive.


Griffith Jones sayd : he saw no cause of danger if we can but Keepe quiet among ourselves.


John Bristow sayd : he saw no need of raysing forces, for he saw no danger; But that he looked upon it as the privilege of the people to have their members psent if there be. (so also sayd John Sym- cock.) To wth ye Gov" replyed he had given order to have all such as were allowed members of ye Councill to be Summoned; but if they refused to come he could not helpit. He must & would be satisfyed with y* opinion & advice of such as were psent.


John Hill sayd : He had spoken with very eminent knowing men, & saw no likelyhood of danger.


Sam" Carpenter sayd : he had spoken with two psons that came from Maryland, who did not believe what was talked; that he did not feare any thing from any news we had thence, and y' he was of opinion wh John Bristow, for having all their members present.


Barth. Coppock sayd: the news was new to him, & it did not appeare to him that we are in any danger [at psent] by the Indians, or papists either : and was of the same opinion about having all their members psent.


John Curtis sayd : he had heard a great while of these things, But they signify nothing but a Rumor : as for ye Indians, they are quiet, & for his owne perticular he had no feare upon him, & that he was of the same opinion about having all their members psent.


Wm. Markham sayd: he apprehended That to speak of dan- ger from ye Indians would but skare ye women & children ; and that our Constitution will not admitt us to defend ourselves. The only way is to forbeare all thoughts or seeming fears of the knowledge of it ; for that will represent us as people frighted, &c., unlesse we were


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under such a Constitution of Governm' as to take to armes, to be ready upon occasion if any thing should come. And as touching the businesse of proclaiming the King, it was unanimously agreed that it was not at psent advisable, unlesse we had orders for doing it.


Wherupon ye Gover' gave them thanks for so particularly & freely advising him, & told them he had nothing further to occasion their stay at psent, unlesse they, or any of them, had any thing to im- part from the respective Countyes fitt for psent Consideration. It being Replyed by divers that they had not, he adjourned the Councill to meet at New Castle ye tenth day of ye next month, about some per- ticulars relating to that County & the adjacent neighborhood.


MEMORANDA. The Governor upon a necessary occasion after- wards, appoynted the meeting of the Councill at New Castle to be on the 17th of September, and accordingly went thither: And by the way, took ? view of the Mill & Mill race Erected by Cornelius Empson. (Wherof complaynt had been made by Petition from severall of the inhabitants of Chester County.) But there appearing but five of the members of the Councill, viz:


John Simcock, Peter Alrich, Wm. Markham, Secretary, John Bristow, John Dehaes,


nothing was done therin.


On the first of October following, Samuell Gillham, master of the Ketch Crane, of Dartmouth, in the Kingdom of England, delivered to yº Gov' a pacquet, wth this superscription following, viz':


For his Ma"ies speciall Service. To William Penn, Esq., Proprietor of their Ma"le Province of Pennsilvania in America: And in his ab- sence,To the Gov' or Comander in chief of that Province, for the time being, In Pensilvania.


4. Wherin was conteyned a Letter bearing date, Whitehall, 13' Aprill, 1689, signed Shrewsbury. Upon the Receipt & reading wherof, The Gov' askd the sayd Gillham If that were all he had, and observed perticularly to him, that there was no Proclamation or In- structions about proclayming their Majestyes; and ordered the same to be publiquely read by the Secretary for the satisfaction of the people, who had heard there was such Orders come.


The same day the Gov' directed that sumons should be issued for all the members of the Provinciall Council to appeare at Philadelphia on the first day of Novemb' following, in ord' to the imparting the same to them.


The next day the Gov' gave the sayd Gillham a Certificate, under his hand, & the Provincial Seale annexed, signifying That he had re- ceived the sayd Letter, & should observe the contents therof, and of his proceedings therin give acco' to their Ma"ies Principall Secretary of State by the first opportunity of Conveyance ..


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At a Council held at the Gover Lodgeings in Philadelphia the first day of the ninth month, 1669.


PREST :


JOHN BLACKWELL, Esq'. Governor.


Samuell Carpenter, Peter Alrichs,


John Bristow,


Griffith Jones, Luke Watson,


Barth. Coppock,


John D'Haes,


John Simcock,


Wm. Markham, Secr ?.


John Hill,


The Governor caused the Entryes of the Proceedings of the last Councill to be Read,


And acquainted the Councill That the most of what he judged need- ful for him to say to them at this time was to the purpose of what he spake then. To which he Referred, the same having been Read; only Added, That he had Recd from the Principal Secretary of State, by his Ma'ti" Comands, a letter, which he caused to be read over, w-ch is of ye tenor following, viz':


WHITEHALL, 13 Aprill, 1689.


DUPLICATE.


S' :- I am by his Ma'ti" Comands, to acquaint you That his Maty. being sensible of the great & frequent injuryes his subjects dayly re- ceive from the ffrench, in apparent violation of the treatyes between the two Crowns, and particularly by the assistance that King has lately given, & continues to give his Enemys in Ireland; and by the invading his Ma'ties Territoryes in America, and disturbing the trade of his subjects in those parts for severall years last past : His Ma" has therfore, directed all necessary Preparations to be made for a speedy warr with the ffrench king, which has occasioned the giving you this notice of it, That you may with all possible diligence take effectual care for the opposing & resisting any attempt of the ffrench upon his Ma'tie Province of Pensilvania; And that all ships coming from thence, do not sayle hereafter otherwise than in ffleets : And vou are also to Assure his Matie Subjects in that Province of his Matie Protection, by sending forthwith a considerable squadron of ships into the West Indyes, and other Succours that shall be requisite, not only securing his Matia Plantations in America, but obligeing the ffrench to make Reparation for the many unjust & violent proceedings & at- tempts against his Matie Subjects in those parts. I am,


S'., yo' very humble servant,


SHREWSBURY.


Upon the Reading herof in Councill, The Gov' desired their advice, both as to what they thought fit to be done therupen, and what an- swer returned to the Secretary of State about it. And that they would be very serious in it, for that the danger was not only now as formerly, suggested by private uncertaine hands, but from the Secre- tary of state, by his Matie Comands, &c. M. Alrichs declared He thought it necessary some thing should be done.


Mr. D'Haes, Desired The Gov' would not take it ill that he sayd He would not Act either as a Magistrate in New Castle or here, untill


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he knows who is King : which he Repeated severall times, adding, It is not safe to act without proclayming the King.


The Gov' told him, He believed that King William & Queen Mary, The Prince & Princess of Orange, were King & Queen of England, &c. But he had not seen the Proclamation, & so knew not how to Proclayme then, &c.




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