Colonial records of Pennsylvania, Vol. I, Part 31

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

USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 31

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

Mr. D'Haes his opinion (that it was not safe to act without proclaym- ing the King) occasioned severall others to declare their minds about it, and that the people were earnestly sett upon the doing it themselves in some of the Countyes, &c.

The Gov' Declared He was as ready & desirous to do it as any body, if he had ye Proclamation & orders for doing it; but having not, Proposed for their satisfaction who were impatient about it, That a middle way might be considered of, Which he thought might be done by a Declaration of the Gov' & Council, owning their authority, and declaring their readinesse Solemnly to Proclayme them as soon as we should receive orders, or an authentique coppy of the Proclama- tion, which he Expected by the next vessell that should come out of England.

M. Simcock sayd: If a forme of Declaration had been sent to us to have Proclaymed them I think we must have observed it: But in as much as there is no Comand sent us by the King of England, (who so ever he be,) nor from the Secretary, to Proclayme any King here, I think we have no reason to do it. But I would submit my self to better understandings. The case is doubtfull. We are not to believe. but to be certain in such matters, &c.

The Gov' told them, They had Proclaymed King James without Order.

John Simcock Replyed: King James was by an Act of Parliam' voted the heir to his brother & so he came in : Now who ever comes in to put him out, Pray let us consider How he comes in: We have an act of Parliam' for the one, but not for the other. It may be dan- gerous for us to do it without an Order.

M. Markham sayd: How the King came in We arenot to dispute: There is nobody here to question How King William came to the Crowne. No man doubts but that he hath it: The Gov' himself does not question it. If so, why may it not be safe for us to yield all due obedience to him. We believe King William & Queen Mary are the King & Queen of England, and so of these Dominions; and since we believe it, where is the prejudice in obligeing of those who would have them declared to be so, as the Gov' hath propounded. We suppose this Letter is come from the Secretary of State to King William.

John Simcock Replyed: How do we know that.

William Markham. The Letter says their Majesties, and it can be meant of no other. I believe it's meant of them.

John Simcock sayd: We are not to Act by fayth in this matter, but with certaynty.

M. Markham sayd: Since we believe it, where is the prejudice. The Gov". proposed a methodicall way for Our declaring Our obedi- ence to King William and Queen Mary, and that we are wayting for

.. 1

العالم

262

MINUTES OF THE

the forme & manner of proclayming them. To do this will give Sa- tisfaction to all.

Griffith Jones. I know not why we should be more forward than our neighbors. There are two Provinces that have not. It is suffi- cient for us to proclayme him when we have orders for the doing it. But if we should do it before, certainly we may run ourselves into danger; and for my part I think, That if any thing be done about de- claring it, It is no less to me than Proclayming him. It is our part, & enough, for us to obey the King's authority when we have it.

John Simcock. It is a trivial thing for us to declare the King till we are Comanded.

The Gov' sayd: I think for peace sake with our neighbors & amongst our selves, we should do it, and moved A Comittee might be appoynted for drawing a Declaration in the name of the Gov' & Council, & as their joynt agreemt, That all Proces, warrants, & orders that usually past in the King's name, be hereafter issued in the name of their Maties, King William and Queen Mary: And all Comissions of officers to continue till further Orders; And named William Mark- ham, John Simcock & Jo. D'Haes a Comittee for drawing such a Declaration, and presenting it to the Councill to morrow morning, al- lowing any other members of the Council to be present at the drawing it, that should think fit; And therupon adjourned till to morrow morn- ing at Seaven of the Clock.

At a Council held at the Governor's Lodgeings in Philadelphia the second day of the ninth mor.th, 1689.

PRESENT:

JOHN BLACKWELL, Esq',, Governor.

Peter Alrichs, John Hill,

John Bristow,

Griffith Jones, Barth. Coppock, Sam. Carpenter,

Luke Watson, John Simcock,

Wm. Markham, Secr7.

John D'Haes,

The Comte named last night, brought in the draught of a Declara- tion, which was Read; but severall things therin objected against were proposed to be allowed, we were agreed unto, and the same being fairly transcribed, was read over severall times ; and upon the Question put, viz': Whether this Declaration be agreed on as now amended? It was Resolved in the affirmative, by all the members declaring them- selves by standing up in their places, nemine contradicente, and accordingly signed by the Gov' & Council, Which is as followeth, viz':

By the Governor & Councill of the Province of Pennsilvania and Countyes annexed.

Upon sundry and Credible informations from England & many other places, more especially upon perusall of a Printed paper signed

263

PROVINCIAL COUNCIL.

John Brown, Clark of the Parliament, instituted, The Declaration of the Lords spirituall & temporall, & Comons, assembled at West- minster, bearing date the 12th of ffebruary, 1668-9, Wherin is this clause following, viz': The sayd Lords spirituall & temporall, & Co- mons, assembled at Westminster, Do Resolve:

That William & Mary, Prince & Princess of Orange, be and be declared King and Queen of England, France & Ireland, and the Dominions therunto belonging, To hold the Crowne and Royall Digni- ty of the sayd Kingdoms & Dominions To them, the sayd Prince & Princess, during their lives, and the life of the Survivors of themn:

And that the sole & full Exercise of the Royall power be only in and Executed by the sayd Prince of Orange, in the names of the sayd Prince & Princess, during their joynt lives; and after their deccase, The sayd Crown & Royall dignity of the sayd Kingdoms & Do- minions to be To ye heirs of the body of the sayd Princess, and for default of such issue, To the Princess Ann, of Denmark, and the heirs of her body ; And for default of such issue, to the heirs of the body of the sayd Prince of Orange.

And the sayd Lords spirituall & temporall, and Comons, do pray the sayd Prince and Princess of Orange to accept the same accord- ingly:

And wheras, We have understood That the savd Prince & Princess of Orange have been since proclaymed, Crowned, and do now Reigne accordingly : But having not hitherto Received the Proclamation to be how published, We have therfore thought fitt by this publique in- strument, to make manifest to the world Our Loyalty & true affections To the sayd Prince & Princess of Orange, by acknowledgeing them to be Our King & Queen accordingly ; And do therfore, strictly charge & Comand all the people & inhabitants within this Government, to yield all due & lawfull obedience unto William & Mary, King & Queen of England, &c., as their Lawfull King and Queen.

And it is hereby further comanded, That all Justices of the peace. Sherriffs, Clerks, Coroners, and all other officers whatsoever, now in Comission under this Government, or by the authority therof, do from hence forward act & do all things relating to their offices, in their names: And that all process be issued out in their names. And it is hereby further declared, That all officers Comissionated or impowred by this Governm', do stand, abide & remayne in the same stations, offices and imployments, as they were before the date herof, & so remayne & continue untill further Order. (Roman ( atholignes only Excepted:) And That all proces issued out before publication herof, do remayn & continue in full force and virtue. Dated at Philadelphia, the second day of the ninth month, 1689.

JOHN BLACKWELL, Gov'.

William Markham, John Bristow,

John Simcock, Peter Alrichs,

Sam. Carpenter, J. d'Haes,

, John Hill, Griffith Jones,

Luke Watson, Barth. Corpock.

264

MINUTES OF THE

Ordered, That copyes of the sayd declaration be transcribed & sent. to the severall sherriffs of the respective Counties, with orders to cause the same to be forthwith published, & at the furthest by the next respective Court. This being over, The Governor then desired they would have consideration of the Letter before Recited, and de- sired they would give him their advice upon it.

Griffith Joncs sayd: He thought we might suspend the Execution of it for the present, being in Expectation of hearing from England: Perhaps there will be no need of putting the Contrcy to so great a charge. We are not able to bear it unlesse there were a necessity that required it. Let us wayt a little longer.

Jo. d'Haes. What if any hurt come in the mean time if we delay i before we are prepared. I think notice should be given to all the people to get powder & shott, and their armes, in a readiness against there be occasion. That will do no hurt.

John Simcock. I sec no danger but from the Bears & wolves. We are well, & in peace & quiet : Let us Keep ourselves so. I know not but a peaceable spirit, & that will do well. For my part I am against it clearly: and, Governor, If we refuse to do it, Thou wilt be Excused.

John Hill. He thought if we should put ourselves into Armes, The Indians would rise against us, suspecting we intended harm to them. I desire, therfore, we may forbeare till we heare out of Eng- land.

Luke Watson. You having (Governor) received such orders from the King, If the thing be not done, & any hurt come to the Contrey, for my part I think he may require our lives and Estates at our hands. Twenty men, as things now are, may come & do what they will. I look upon it That you should settle a Militia to defend his Mati" Sub- jects, according to his directions from Whitehall.

Griffith Jones, Besides repeating what he sayd before, sayd: He desired the Countrey might not be put to those charges. It will be look- ed upon as very grievous & burthensome.

Here the Governor read the clauses of Power given to the Proprie- tor by the King's Grant to him, &c.

John Simcock sayd: He was against it; Expressing that what was granted by the King to the Proprietor was but a lease to him that he might do it; and savd, I will have no hand in it.

Luke Watson. The people in the contrey look upon themselves to - be in danger, and desire they may be put into a condition to defend themselves, &c.

John Hill answered: I will ingage they will not appeare one in five upon traynings.

Wm. Markham. My opinion is That we ought to have our armes as well fixed & prepared in time of peace as warr, for we know not how soon warr may come upon us, especially in this country, where we have such sort of people amongst us. And whether it be come or not, &c .. I allways keep my owne armes prepared.

Griffith Jones. Every one that will may provide his armes. My opinion is that it be left to the discretion of the Governor to do what he shall judge necessary.

-----

-------

٠٠

265

PROVINCIAL COUNCIL.

Sam. Carpenter. I am not against those that will put themselves into defence, but it being contrary to the judgm' of a great part of the people, & my owne to, I cannot advise to the thing, nor Express my liking it. The King of England Knows the judgem' of quakers in this case before Governor Penn had his patent. But if we must be forced to it, I suppose we shall rather choose to suffer than to do it, as we have done formerly.

Barth. Coppock. I am of the same opinion wth Sam. Carpenter in what he spake last.

Gr. Jones Proposed againe, That they would referr it to the Gov" discretion to do what was fit & necessary in the case ; to which some others seemed to agrec. Wherupon, the Governor spake to the Se- cretary to draw a Question to be put for that purpose.

John Simcock & Sam" Carpenter declared against that, conceiving it might be prejudicial to them to be otherwise than passive in the matter; so no Question could be agreed upon.

The Governor therfore adjourned the debate to the 2ª day of next week.

At a Councill held at the Gov" Lodgings in Philadelphia the fourth day of the nine month, 1689.

PRESENT :

JOHN BLACKWELL, Esq'., Governor.

Sam. Carpenter, John Simcock, Griffith Jones,

Peter Alrichs, John Bristow, Luke Watson,

John D'Haes, Barth. Coppock John Hill.

The Gov' acquainted them, That having adjourned the debate of the last meeting upon the Letter till this morning, He hoped they would now come to a resolution upon it. And in order to their better apprehending the true sense of the 7" Article or paragraph of the Charter of Libertyes, formerly read to them upon this Debate, (wherin it is sayd, That the Governor and Provinciall Councill shall at all times have the care of the peace and safety of the Province,) He Read unto them the Preamble of the two Acts of Parliam' past in Engld. touching the King's sole & supreame Right & power in & about the ordering of the Militia within all his Mati" Realms & Dominions, the one past in the 13th year of the late King Charles the 2ª, cap. 6. inti- tled, The Militia Declared to be in the King. The other in the 14th year of the same King, cap. 3º, Intitled, For Ordering the Forces in the severall Countyes of this Kingdom. Wherin, amongst other things. It is Exprest That both, or either of the houses of Parliam', can not nor ought to pretend to the same, &c. And observed and Argued therupon, That if both the houses of Parliam' of England could not. much lesse could the Provinciall Councill of this Province clayme any Interest in ordering the militia, when the King, by his Letters

266

MINUTES OF THE

patents under the great seale, had deligated his power to the Proprie- tor and his heirs, to Exercise the same in this Province.

The Gov' also observed to them, That the Charter of priviliges granted by the Proprietor to the people, was limited & qualifyed by this Expression in the preamble therof, viz': (so farr asin him lyeth,) and [according to the powers of the Patent.] And That By alaw past in this Province, Intitled An act of Settlement, This clause is conteyn- ed, viz': Be it Inacted by the authority aforesd, That the Gov" & Pro- vinciall Councill shall have power of preparing & proposing to the Genll. Assembly, All such bills which they shall joyntly assent to & think fit to have past into Laws, in the sayd Province & territoryes therof, that are not inconsistent with, but according to the powers granted by the King's Letters Patents to the Proprietary & Governor, So that he conceived It was not in the Proprietor's power to subject or Expose the King's Province to the hazard of being delivered up or lost to any invaders what so ever : And that therfore, the sayd 7th Ar- ticle of the Charter of Privileges ought not to be so construed as that the Governor without the Councill, could not use Armes for its De- fence. And That the King being sensible of danger approaching by the ffrench, had Ordered in his Letter aforesayd, That the Proprie- tor, and in his absence The Gov' or Comander in chief of this Pro- vince, should have notice of his intended warr with France, That they might with all possible diligence take effectuall care for the opposing and resisting any attempt of the French upon this, his Ma'ties Province of Pensilvania, &c.

That this could not be done by the Proprietor's or Gov" owne hands, but needed the advice. & assistance of the Council, & people inhabit- ing here. That the Constituting of the Proprietor & his heirs by his Ma'ti" Captain Gen", with powers, by themselves or their Captains, or other their officers, To Levy, muster & trayne all sorts of men, of what condition or where so ever borne, in the sayd Province, for the time being, and to make warr & pursue his enimyes, &c., And to do all & every other thing we unto the charge & office of a Capt. Gen" of an Army belongeth, or hath accustomed to belong, as fully & freely as any Capt. Geall. of an Army hath ever had the same, (wch are the Expresse words of the King's Grant, and were read unto them,) im- plyeth a great confidence his May Reposed in the Proprietor ; and also, a Condition of ye Grant of the Province; and a faylor herin might prove a forfeiture. Especially, for that the King hath been pleased to give notice of the danger to the Proprietor, Which though per- haps we could not see, we were to believe, and give his Maty thanks that he is pleased to be so mindfull of our security, and to notify to us our danger, in order to our providing against it.

The Gov' also recited to them a further clause in his late Ma' savd Lrs. Pattents, to this purpose, viz: And for as much as in the Go- vernm' of so great a Contrey, suddain accidents do often happen, wherunto it will be necessary to apply remedy before the frecholders of the sayd Province, or their deligates or deputyes, can be assembled to the making of Laws: Neither will it be convenient That instantly upon every such imergent occasion, so great a multitude should be

----------

-----------

مسلم خاليالـ

267

PROVINCIAL COUNCIL.

called together: Therfore, ffor the better Governm' of the sayd Con. trey, We will and Ordayn, And by these presents, for us, our heirs & Successors, do Grant unto the sayd William Penn and his heirs, by themselves or by their magistrates & officers in that behalf, duly to be ordayned as aforesayd; To make and Constitute fit & wholsome ordinances from time to time, within ye sayd Contrey, to be kept and observed, as well for the preservation of the peace as for the better Governm' of the people there inhabiting, and publiquely to notify the same to all persons whom the same doth or may any wayes concerne, which Ordinances Our will & pleasure is, shall be observed inviola- bly within the sayd Province, under payns therin to be Expressed, So as the sayd Ordinances be consonant to reason, and not repugnant nor contrary, but so far as conveniently may be, agreeable with the Laws of Our Kingdom of England: And so as the sayd Ordinances be not extended in any sort to binde, change, or take away the Right or in- terest of any person or persons, for or in their life members, ffreehold, goods or chattels.

The Governor also Proposed to them the consideration of the care taken in all other his Mates Territoryes & dominions about the setling & ordering their Militias, and particularly the Laws past for that purpose in this Province & whilest it was united to New York and the Jarseys, under the Governm' of his late Royall Highnesse the Duke of York, before his Maty Grant of this Province to the Proprietor, and that he could not tell how to answer the neglect of making due & necessary preparations for defence of the Province & people comitted to his Go- vernm': And upon the whole, prayed them They would be very serious & solemne in the debate & consideration of these matters: for that he must returne an answer of the letter & signify his proceedings by the first opportunity of Conveyance. And ffor as much as at the last meeting of the Councill, It had been by some of them moved, (That since divers of them could not by their principles consent to or be active in the directing or ordering any thing of this nature,) That they would cast it off from themselves and leave it to the Gov" discretion to give such answer to the sayd Letter, and to act therupon as was requisit, He Proposed this Question to be debated, viz':

Whether It should be left to the Gov" discretion to pursue & put in Execution the King's directions signifyed in the sayd Letter, according to the clauses of powers given to the Proprietor in the Letters Patents from his late Maty. King Charles the second, of the Grant of this Pro- vince to the Proprietor, in order to the defence of this Province against the ffrench or any other invader of this Province & Countves an- nexed, in all things as ncare as may be according to the Laws of England and of this Province whilest under the Governm' of his late Royall Highnesse the Duke of York, &c.

John Simcock savd, We can neither offensively nor defensively take Armes. We would not be understood to tye others' hands; they may do every One what they please. We do not take upon us to hinder any. I do not think The Gow need to call us together in this matter. We can not at all Question the power of the Governor. It is a thing too hard for us to meddle with ; and so we leave it.

268

MINUTES OF THE

Griffith Jones sayd, The case is hard. I desire to be passive & not to concern my self in it, either to give a negative or affirmative. God has preserved his people in times past, and as I would not hinder, but pay all respects to the King & Governor, So I desire to be excused from the question, One way or other. I do it not to refravne charges, but cannot give advice what to do in it. I believe, were there other Quakers here, they would all say They had no advice to give: And therfore, As we leave the Gov' to his own discretion, & others to do as they see cause wth safety to themselves, So we desire the Gov' will let this Question fall.

John Hill sayd: my desire is, That no compulsion be upon those that are of tender consciences: but that it be left to the Gov' to do as he pleases, and to take the care of it himself.

John Bristow sayd: I believe the power is in the King & by him de- rived to the Governor; but there must be reason & cause for it. I do not see but we are in peace, and so are like to be.

John D'Haes sayd: I think it needfull that every man do get his Armes ready, and furnish himself with powder & bullet, to be used if there be occasion.

Peter Alrichs sayd: I am for it, That the Gov" do what he pleases. Some Regard must be had to the King's Letter.

Luke Watson sayd: I suppose the whole power is in the King & you as Governor, and I desire That you will Act & do according to the Law of England and other places, for I do not think ourselves safe.

The Gov' proposed The Question might be put as is before Exprest, reading the same to them: But that being spoken against by severall, - He proposed then That the Question should be put, Whether that Question should be put or no.

John Simcock desired That him self & some others might be per- mitted to withdraw for a while to consult by themselves; Which (though un-usuall) for their satisfaction, The Gov" admitted it.

Wherupon He, the sayd John Simcock, John Bristow, Barth. Cop- pock, Griffith Jones, and Sam" Carpenter withdrew, and after a while came in againe, And The sayd John Simcock, in behalf of himself and the Rest, sayd as followeth, viz':

We would not tye others' hands, But We cannot Act. We would not take upon us to hinder any, And do not think the Gov' need to call us together in this matter.

Sam. Carpenter sayd: We can not vote One way or other to either of the Questions, We say nothing against it, in regard it is a matter of conscience to us. I had rather be ruined than violate my conscience in this case. We do not take upon us to hinder any. I do not think the Gov' need to call us together in this matter ; And therfore we de- sire we may be no farther prest in this matter.

Griffith Jones added: I hope the Gov' will not impose that which he would not have imposed upon himself if his Conscience were against the thing. We leave it to the Gov" discretion, who knows better than we how to answer the King's Comands by his Letter; and doubt not but

269

PROVINCIAL COUNCIL.

Ke will make a fayre Representation of us to the King as to this matter.

The Gov' Replyed: He lookd upon it as a civill thing belonging to the Civill magistrate's power ; and declared, That if he should take up any opinion in civill matters against the Laws, peace & safety of the Contrey, If he could not act, he should hould himself bound to be passive: and in case a Comon charge were required, he should not scruple to pay his share therof for the safety of the Contrey where he should dwell, and preserving it against all invaders ; But,

In as much as they declyned any advice or assistance, and had de- clared so generall a voyce to leave the matter to his discretion, He would consider what was his duty in the case, and Act after the best manner he could accordingly, for the preservation of the whole, with- out further pressing them on this occasion. And That By the first opportunity, he would give account of his Actions to the Secretary of state, and the Honble Proprietor of this Province, his Master.

A Petition was presented to this board from Tho. Harris, praying an Appeale might be granted from the County Court of New Castle, after Judgm' & Execution, both in law and equity: But for as much as the sayd Court saw no cause to allow any, nor was any sufficient cause alleged, Upon the Question put, Whether it should be admitted, & the matter Reheard at this board, It was carryed in the negative.

A Petition was likewise exhibited to this board from Wolto Raw- son, setting forth That he was distreyned upon by Cornelius Empson, for Contrey Rates, in the County of New Castle, Wheras his Lands lay in the County of Chester, where he had allwayes till then been Rated & payd, &c.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

Colonial records of Pennsylvania, Vol. I, Part 31

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

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