Colonial records of Pennsylvania, Vol. I, Part 36

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

USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 36

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nostrum tantum modo duratur. Proviso tamen semper et subhac Lege et conditione Quod si Tu præfatus Benjaminus Fletcher armiger, Nos et Locum Tenentem nostrum supremae Curiae admirallitatis nostrae Angliae et indicta Curia et officialem principalem Commis- sariumque Generalum et Specialem ac ejusdem Curiae praessden- tem et Indicem de omni eo quod de tempore in tempus vigore praesentium feceris, executus fueris, colligeris aut reciperis in praemis- sis vel praemissorum aliquo annuatim, Viz: in fine Cujuslibet anui in- ter festa Sancti Michaelis Archangeli et Omnium Sanctorum, Cum ple- no et fideli Computo Superinde sub authentica forma conficiendo, ac Sigillo officy Nostri in Custodia tua renianente Sigillando debite non certificaveris et certiorem reddi feceris cum offertu, Extunc et post de- faltam in ea parte, hujusmodi Litera nostrae Patentes de officio Vice admiralli prædict Tibi ut pr fertiri concessae vacua et irrita erunt nul- liusque ro boris aut offertus, Mandantes omnibus et Singulis proceri- bus Justiciarys majoribus Vice Comitibus Capitianeis Senescallis Bal- livis et Custodibus Goalarum et Carcerum nostrorum quorumcunque et Constabularys caeterisque ministris et fidelibus subditis et Ligeis nostris quibuscunque et eorum cuilibet tam infra Libertates sen fran- cheiss quam extra Quod Tibi et Deputato Tuo cuicunque alysque offi- ciarys ejusdem vice admirallitatis nostrae in provincia nostra Novi Eboraci et territorys eidem dependentibus in America, viz: Colonys de Jersey orientali et occidentali, provincia Pennsilvaniae et Regione Novi Castri ac omnibus Terrarum tractibus et territorys eidem dependen- tibus prædict et partibus maritimis eorundm et eisdm adjacentibus quibuscunque per Te assignatis sen assignandis circa executionem praemissorum et eorum cujuslibet intendentes faventes auxiliantes pa- rentes pariteret obedientes sint in omnibus prout decet sub poena juris et periculo incumbens. Datum Londini in Suprema Curia admirallita- tis nostrae Angliae sub sigillo ejusdem magno.

Decimotertio die mensis, 2 Anno Dui Millesimo Sextentesimo, Regnique Nostri Quarto. S nonagesimo secundo. ORLANDO GEE, Reg. Eius.

BENJAMIN FLETCHER, Captain Generall & Go- vernour in Chief of the province of New-yorke, province of pensilvania, Countrey of New Castle & the Territo- ries & Tracts of land Depending theron, in America, Un- der their majesties, Wm. & Mary, by the grace of God, of England, Scotland, France & Ireland, King & Queen, defenders of the faith, &c., To William Markham, Esq'., Leiu' Govern' of pennsilva- nia & the Countreys of New Castle, greeting: By virtue of the power & authoritie granted me by our Soveraign Lord & Lady, Wm. & Mary, by the grace of God, of England, Scotland, france & Ireland, king & Queen, defendrs of the faith, &c., under the great seal of their Admiralty, Constituting & appointing me Vice Admirall of the province of New yorke, Colonyes of East & West Jersey, province of pennsilvania et Countries of New Castle, &c .: And reposing speciali trust in yor fidelitie in this behalf, I doe by these presents Constitute

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& appoint you my deputy or Surrogate in the sd office of vice admi- rall, so farr as it is extended over the sd province of pennsylvania & Countrey of new castle, And doe by these p'nts give & grant unto you, the sª Wm. Markham, full power and authoritie to doe, execute & perform all things which I my selfe might Lawfullie doe, by virtue of the sd office of vice admirall, so farr as it is extended over the pro- vince of pennsilvania & Countrey of New Castle aforsd, according to the Severall powers, authorities & directions contained in my Com. mission for the sª office of vice admirall as aforesaid, (which I have Caused to be registred in the province of pennsilvania,) & such other instructions as you shall from time to time receive from mee, undr my hand: provided alwayes, that you shall from time to time transmitt unto me a true & exact acco' of all what you shall doe, execute or perform, by virtue of these presents. Given undr my hand & seal att Philadelphia, the 17th day of May, in the 5th year of their maties' reign, Annoque domi., 1693.

BEN. FFLETCHER.

His Excellency BENJ" FLETCHER, his Commission und' the great Seal of England, to be Cap' Generall and Governo' in Cheif in and over their Maties. Province of Pennsilvania & Countrie of New Castle, &c.

William and Mary, by the grace of God, King and Queene of Eng- land, Scotland, France and Ireland, defenders of the faith, &c. To Our Trusty and well beloved Benjamin ffletcher, Esquire, our Cap- taine Generall and Governo' in Chiefe of our province of New Yorke, and the Territories depending theron, in America, Greeting :

Whereas, by Our Commission, under our great Seale of England, bearing date the eighteenth day of March, in the fourth yeare of our Reigne, Wee have Constituted and appointed you, the said Benjamin fletcher, to be our Captaine Generall and Governo' in Chiefe in and over our Province of New Yorke, and the dependencies thereon, in American: And have thereby granted unto you full power and autho- rity, with the advice and Consent of our Councill, as need shall require, to Summon and Call Generall Assemblies of the Inhabitants. being firecholders, within our said province, according to the usage of our province of New Yorke: And that the persons thereupon duely Elected by the major part of the ffreeholders of the respective Coun- ties & places, and soe returned, and haveing before theire Sitting taken the oathes appointed by act of Parliament to be taken, in Stead of the onthes of Allegiance and Supremacy, and Subscribed the Test, and without takeing and Subscribing whereof none shall be capable of Sitting, tho' elected, shall be called and held the Generall Assembly of that our said province: And have thereby granted unto you, the said Benjamin fletcher, by and with the Consent of our said Coun- cill and Assembly, or the major part of them, full power and au- thority to make. constitute and ordaine Lawes, Statutes and or- dinances, for the publick peace, welfare, and good government of our said province, and of the people and Inhabitants thereof; which said

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Lawes, Statutes and ordinances, are to be (as neare as may be) agreea- ble to the Laws and Statutes of this our kingdome of England: Pro- vided, that all such Lawes, Statutes and ordinances be within three months, or Sooner, after the making therof, Transmitted unto us, under our Scale of New Yorke, for our approbation or disallowance of the same; And in Case any or all of them, being not before Con- firmed by us, Shall att anie time be disallowed and not approved, and soe Signified by us, our heires & Successors, under our, or their Signe manuall or Signett, or by order of our, or their, privy Councill unto you, the said Benjamin ffletcher, or to the Commander in Chiefe of our province of New Yorke for the time being, Then such & soc many of them as shall be soc disallowed and not approved, Shall from thenceforth cease, determine, and become utterly void and of none effect. And to the end that notliing may be passed or done by our said Councill or Assembly, to the prejudice of us, our heires and Successors, Wee have thereby willed & ordained that you, the said Benjamin ffletcher, shall have and enjoy a Negative Voice in the makeing and passing of all Lawes, Statutes & ordinances, as afore- said; And that you shall & may likewise, from time to time, as you shall judge it necessary, adjourne, prorogue and Dissolve all Generall Assemblies, as aforesaid; With full power and authority from time to time, by your Self, or by any other to be authorized by you in that behalf, to administer and give the Oathes appointed by act of Parlia- ment to be taken in stead of the Oaths of allegiance and Supremacy, to all and every such person or persons, as you shall thinke fitt, who shall att any time or times passe into our said province, or shall be resident or abiding there; and with the advice and consent of our Said Councell, to Erect, constitute and establish Courts of Judicature and publick Justice within our said province, and for the hearing and determining of all Causes, as well Criminall as Civill, according to Law and Equitie, and for awarding of Execution thereupon, with all reasonable and necessary powers, authorities, fees and privile- ges belonging unto them: As also, to appoint and Commission- ate fitt persons in the Severall parts of our said province, to ad- minister the Oaths appointed by act of parliament to be taken instead of the oathes of allegiance and Supremacy, and the Test, unto such as shall be obliged to take the same: And also, to Consti- tute and appoint Judges, Justices of the peace, and other necessary officers and ministers in our said province, for the better administra- tion of Justice and putting the Lawes in execution, and to administer, or cause to be administerd, such Oath or Oaths as are usually given for the due execution and performance of offices and places, and for the clearing of Truth in Judiciall Causes. AND WHEREAS, wee judge it necessary that all our Subjects may have Liberty to appeale to our Rovall person in Civill Causes that may deserve the same, Wee have thereby further signified our pleasure, that if either party shall not rest Satisfied with the judgment or Sentence of the Superior Courts of our said province, They may then appeale unto us in Our privy Coun- cill, provided the matter in difference exceed the reall value and Sum of three hundred pounds Sterling, and that such appeale be made within

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one ffortnight after sentence, and that security be Likewise duely given by the appellant, to answer such charges as shall be awarded in Case the first sentence shall be confirmed: And provided also, that execu- tion be not suspended by reason of any such appeale unto us, And where you shall judge any offender or offenders in Criminall matters, or for any ffines or fforfeitures, fitt objects of our mercy, you have full power and authority to pardon and remitt such offences, ffines and tforfeitures, before or after sentence given, Treason and willfull mur- ther onely excepted; In which Cases, upon extraordinary occasions, you are to grant reprieves to the offenders untill our Royall pleasure may be knowne therein. AND WHEREAS, by our said Commission, wee have given & granted unto you, the said Benjamin filetcher, by yourself, your Captaines, & Commanders, by you to be authorized, full power and authority to Levy, arme, muster, Command and em- ploy all persons whatsoever, residing within our said province, under your government ; and as occasion shall serve, them to Transferr from one place to another, for the resisting and withstanding of all enemies, pirates and rebells, both att Sea and Land, and to transport such forces to anie of our plantations in America, as occasion shall require, for the defence of the same against the invasion or attempts of any of our enemies ; And to execute martiall Law in time of in- vasion, insurrection or warre, and during the continuance of the same, as also upon Soldiers in pay, and to doe and execute all and every other thing and things which to a Captaine Generall Doth or ought of right to belong; And also, to erect, raise and build in our said pro- vince, such fforts, plattforms, Castles, Citys, Boroughs, Townes & fforti- fications, as you, by the advice aforesaid, shall judge necessary ; and the same, or any of them, to fortify and furnish with Ordnance, Am- munition, and all sorts of armes, fitt and necessary for the security and Defence of our said Province: AND WHEREAS, wee have thereby further given and granted to you, the said Benjamin ffletcher, ffull power and authority to Erect one or more Court or Courts admirall within our province of new yorke, for the hearing and determining of all Marine and other causes, & matters proper thercin to be heard, with all reasonable and necessary powers, authorities, ffees and privi- leges ; and to exercise all powers belonging to the place & office of Vice admirall of and in all the seas and coasts about our said province, according to such Commission, authority and instructions as you shall receive from our selfe, under the seal of our admiralty, or from our High admirall, or Commissioners for executing the office of High admi- rall of our ilorcigne plantations, for the time being; And to Order and appoint ffaires, marts and marketts; as also, such and so manie ports, Harbours, Bayes, havens and other places for the Convenience and Se- curity of Shipping, and for the better Loading and unloading of goods & merchandizes, as by you, with the advice and consent of our said Councill, shall be thought fitt and necessary ; And in them, or anie of them, to crect, Nominate and appoint Custome houses and officers re- lating thereunto, and them to alter, change, place or displace, from time to time, as with the advice aforesaid shall be thought fitt, with severall other powers & authorities granted & appointed you by our

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said Commission, for the good governing & for the Defence and secu- rity of our sd province of New Yorke, and Inhabitants thereof.

AND WHEREAS, by reason of great Neglects and miscarriages in the government of our province of Pennsilvania in America, and the absence of the proprietor, the same is fallen into Disorder & confusion By meanes whereof not onely the publick peace & administration of Justice (whereby the properties of our subjects should be preserved in those parts) is broken and violated, But there is also grent want of provision for the Guard & defence of our said province against our enemies, whereby our said province, & the adjacent Colonies, are much exposed, and in Danger of being Lost from the Crowne of England : For the prevention whereof, as much as in us Lies, and for the better defence and security of our Subjects Inhabiting those parts During this time of warr, Wee find it absolutely necessary to take the government of Our province of Pennsylvania into our owne hands, and under our Immediate care and protection. WEE therefore, reposing especiall Trust and Confidence in the prudence, courage and Loyalty of you, the said Benjamin ffletcher, Have thought fitt to con- stitute and appoint you, the said Benjamin ffletcher, to be our Captaine Generall and Governor in Chiefe in and over our province of Penn- silvania and Countrey of New Castle, and all the tracts of Land de- pending thereon in America : And wee doe accordinglie, by these presents, Command and require you to take the said province & Coun- trey under your government; And for the better Ordering governing and ruling our said province & Countrey, and the Tracts and Ter- ritories Depending theron, Wee doe hereby give and grant unto you, the said Benjamin ffletcher, all & every the Like powers and authori- ties as in our said Commission, bearing date the eighteenth day of March, in the fourth yeare of our reigne, are given, granted and ap- pointed you for the ruleing and governing our province of New Yorke, to be exercised in Like manner, by you, the said Benjamin ffletcher, in and over our said province of Pennsilvania and Countrey of New Castle, and the Territories & tracts of Land depending theron, in America : AND WEE Doe hereby require and Command you to doc and execute all things in due manner, that shall belong unto your said Command, and the Trust wee have reposed in you, according to the severall powers and directions granted or appointed you by this pre- sent Comission, or our Commission aforesaid, and such other In- structions & authorities as are, or att anie time hereafter shall be granted or appointed you, under our Signett & Signe manuall, or by our order in our privy Councill, and according to such reasonable Lawes and Statutes as now are in force, or hereafter shall be made and agreed upon by you, with the advice and consent of the Councill and Assembly of our province of Pennsilvania and Countrey of New Castle aforesaid : AND OUR WILL AND PLEASURE IS, and wee doc by these presents require and Command you, the said Benjamin ffletcher, untill our further pleasure shall be knowne, to nominate and appoint a Leiutenant Governo' of our said province of Pennsilvania and Countrey of New Castle, unto which Leiutenant Governo' wec doe hereby give and grant full power and authoritie to doe and execute

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whatsoever hee shall be by you authorized and appointed to doe, in pursuance and according to the powers & authorities hereby granted unto you. AND OUR FURTHER WILL AND PLEASURE IS, and wee doe by these presents, Require and Command you in Like manner to nominate and appoint such & so many Councellors as you shall thinke requisite for our service, not exceeding the Number of Twelve persons att the most, out of the principall ffreeholders & inhabitants of our said province and Countrey, which said Coun- cellours, or anie three of them, shall be att all Times held and deemed a Councill to be ayding and assisting to you, and to our Leiu- tenant Governo', with their advice, in the administration of the pub- lick affaires of that our province and Country. AND WEE DOE hereby give and grant unto you full power and authoritie from time to time to suspend such our Leiutenant Governo', or anie of the members of our Councill, soe appointed by you, from their respective places and Trusts, if you shall find just Cause for soe doeing, & to appoint others in their stead: AND WHEREAS, wee Have been informed of the good affection of the Inhabitants of our Colonies of East and West New Jersey in America, and that the militia of these Colonies Consist of ffourteene hundred men, well armed & disciplined; And it being Con- venient in this time of danger, that the forces of our Subjects inhabit- ing those parts be united as much as may be upon all occasions that may require the same, Wee have therfore thought fitt, and wee doe by these presents grant full power & authority to you, the said Benjamin . ffletcher, and to the Governo' & Commander in Chiefe of our province of Newyorke, for the time being, for & during this present warr be- tween Us and the ffrench King, to draw out and Command anie part of the militia of our Colonies of East and West New Jersey in Ameri- ca, not exceeding Seaven hundred men att anie one time; and to cause them to march out of our said Colonies, for the security or defence of Newyorke or Albany, or anie other parts or places of our province of Newyorke, under your Government, in case of anie Invasion, In- surrection, or attempt of the ffrench or Indians upon our said province, or anie part thereof. AND WEE DOE hereby require & Command all officers and ministers, Civill & Military, and all other the inhabitants of Our province of Pennsilvania and Countrey of New Castle, and our Colonies of East & west New Jersey, respectively, to be obedient, ayding & assisting unto you, the said Benjamin ffletcher, in the exe- cution of this our Commission, and the powers & authorities herein contained. And in Case of your death, or absence outt of our pro- vince of Newyorke and pennsilvania, our Country of New Castle, and our Colonies of East & West New Jersey, To be obedient, ayding & assisting to such person as shall be appointed by us to be Command- er in Chiefe of our province of Newyorke for the time being; To whom wee doe therfore, by these presents, give & grant, all & singu- lar, the powers and authorities aforesaid, to be executed and enjoyed by him for and during our pleasure, or untill your arrivall within our province and Countreys aforsd. And if upon such death or absence, there be no person residing within our said provinces or Countreys, Commissionated or appointed by us to be Commander in Chiefe of our

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province of Newyorke, OUR will & pleasure is, that the then present Councill of Newyorke doe take upon them the administration of the Government of our province of Pennsilvania and Countrey of New castle, and execute this Commission, and the powers and authorities herein contained, in Like manner as in the government of our pro- vince of Newyorke. AND LASTLY, wee doe, by these presents, de- clare and appoint That you, the said Benjamin filetcher, shall and may hold. exercise and enjoy the office and place of Captaine Gene- rall and Governor in Chiefe in and over our province of Pennsilva- nia and Countrey of New castle, and the Territories and Tracts of Land depending theron, in America, during our will and pleasure. IN WITTNESSE wherof, wee Have Caused our Letters to be made pa- tents. WITTNESSE Our Selves, att Westminster, the One and Twen- tieth day of October, in the fourth yeare of our Reigne. .

Per Bre. De privato Sigillo,

CHUTE.

His Excellency BENJ FLETCHER, his Comission und' the great Scal of England, To be Cap' Generall & Governo' in Chief In and over their Maties province of New-york, &c.

William and Mary, by the Grace of God, King and Queene of England, Scotland, ifrance and Ireland, defenders of the faith, &c: . TO OUR TRUSTY and well beloved Benjamin filetcher, Esquire, Greet- ing. WEE Reposing especiall Trust and Confidence in the prudence, Courage & Loyalty of you, the said Benjamin fletcher, out of our especiall Care, Certaine knowledge and meere motion, Have thought fitt to Constitute & appoint, And we doe by these presents Consti- tute and appoint you, the said Benjamin ffletcher, To be our Captain Generali and Governo' in Chiefe in and over our province of New- yorke, and the Territories depending theron, in America : And Wee doe hereby Require and Command you to doe and execute all things in due manner that shall belong unto your said Command, and the Trust wee have reposed in you, according to the severall powers and directions granted or appointed you by this present Commission, and the Instructions herewith given you, or by such further powers, in- structions and authorities, as Shall att anie time hereafter be granted or appointed you, under our Signett and Signe manuall, or by our order in our privy Councill, and according to such reasonable Laws and Statutes as now are in force, or hereafter shall be made and agreed upon by you, with the advice and Consent of the Councill & Assem- bly of our said province, under your government, in such manner and forme as is hereafter expressed : AND WEn Dor hereby Give and Grant full power unto you, the said Benjamin fletcher, after you have first taken an Oath for the due execution of the office and Trust of our Captaine Generall and Governo' in Chiefe, in and over our said province of Newyorke & the territories Depending theron, which our said Councill, or any five of them. have hereby full power and authority, and are required to administer unto you, To give and administer to each

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of the members of our said Councill, as well the oathes appointed by act of parliament to be taken in stead of the oathes of allegiance and Supremacie, as the 'l'est, and the oath for the due execution of their places & Trust; AND WEn Dor hereby Give and grant unto you full power & authority to Suspend any of the members of our said Councill from Sitting, voting and assisting therein, if you shall find just cause for so doeing; And if it shall att anic time happen that by the death, departure outt of our said province, or suspension of anie of our Councillors, there shall be a vacancie in our said Coun- cill, Anie thirce wherof' wee doe hereby appoint to be a Quorum, OUR WILL AND PLEASURE IS, That you Signify the same unto us by the first opportunity, that wee may, under our Signett and Signe Manuall, Constitute and appoint others in their stead : But that our affairs att that distance may not suffer for want of a due number of Councillors, if ever it shall happen that these be lesse then Seaven of them, resid- ing in our said province, Wee doe hereby give and grant unto you full power and authoritie to Choose as manie persons outt of the princi- pall freeholders, Inhabitants therof, as will make up the full number of our said Councill to be seaven, and no more; Which persons, by Virtue of such Choice, shall be to all Intents and purposes, Councill- ors in our said province untill they shall be Confirmed by us, or that by the Nomination of others by us, under our Signe Manaall & sig- net, the said Councill shall have seaven persons in it. WEE DOE HEREBY GIVE AND GRANT unto you _full power & authoritie, with the advice and Consent of our said Councill, from time to time, as need shall require, to Summon and Call Generall Assemblies of the inhabitants, being ffreeholders, within your government, according to the usage of our Colony of Newyorke: AND OUR WILL AND PLEASURE IS, that the persons thereupon duely elect- ed by the major part of the ffreeholders of the respective Countys and places, and so returned, and having before their Sitting taken the oathes appointed by act of parliament to be taken, instead of the oathes of allegiance and Supremacy, and Subscribed the Test, which you shall Commissionate fitt persons under our seal of newyorketo adminis- ter, & without taking and subscribing whereof, none shall be Capable of sitting: the elected Shall be called & held the Generall Assembly of that Our province & Territoryes depending theron. And that you, the said Benjamin fletcher, by and with the Consent of Our said Councill and assembly, or the major part of them respectively, shall have full power & authoritie to make, Constitute and ordaine Lawes, Statutes and ordinances for the publick peace, wellfare & good go- vernment of our said province, and of the people and Inhabitants thereof, & such others as shall resort therto, and for the benefit of us, our Heirs and successors, Which said Lawes, statutes and ordi- nances, are to be as necr as may be, agreeable to the Lawes and statutes of this our kingdome of England: PROVIDED, that all such Lawes, statutes and ordinances, of what nature or duration soever, be within three months, or sooner, after the making thereof, transmitted unto us, Under our seale of Newyorke, for our approbation or disal- lowance of the same, as also duplicates thereof, by the next Convey- ance; And in Case anie, or all of them, being not before Confirmed

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Colonial records of Pennsylvania, Vol. I, Part 36

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