USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 37
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by us, shall att anie time te Disallowed and not approved, and so signi- fied by us, our heirs and successors, under our or their signe manuall and signet, or by order of our or their privy Councill, unto you, the said Benjamin ffletcher, or to the Commander in Chiefe of our said province for the time being, then such and so many of them as shall be so disallowed and not approved, shall from thenceforth Cease, de- termin, and become utterly voyd and of none effect; Any thing to the Contrary thereof notwithstanding.
AND to the end nothing may be passed or done by our said Councill or assembly to the prejudice of us, our heirs and successors, WEE will and ordain, That you, the said Benjamin ffletcher, shall have and enjoy a negative voyce in.the making and passing of all Lawes, statutes and ordinances, as aforesaid, and that you shall & may, Likewise, from time to time, as you shall Judge it necessary, ad- journe, prorogue & Dissolve all generall assemblies as aforesaid. OUR WILL AND PLEASURE IS, that you shall and may keepe and use the publick seale appointed or to be appointed by us for our province of Newyorke: WEE DOE FURTHER GIVE and grant unto you, the said Benjamin ffletcher, full power and authority, from time to time, and att any time hereafter, by yourselfe or by anie other to be authorized by you, in that behalfe, to administer & give the oathes appointed by act of parliament to be taken in stead of the oathes of allegiance and supremacie, to all and every such person or persons as you shall think fitt, who shall att anie time or times passe into our said province, or shall be resident or abideing there. AND WEE DOE by these pre- sents, Give and grant unto you full power & authoritie, with the advice and consent of our said Councill, to erect, constitute and establish such and so manie Courts of Judicature and publick justice within our said province and the Territories under your government, as you & they shall think fitt & necessarie for the hearing and determining of all causes, as well Criminall as Civill, according to Law and equitie. And for awarding of execution therupon, with all reasonable and necessa- rie powers, authorities, ffees and privileges belonging unto them: As also to appoint and Commissionate fitt persons in the severall parts of your Government to administer the oathes appointed by act of parlia- ment to be taken instead of the oaths of allegiance and supremacy, and the Test, unto such as shall be obliged to take the same. AND WEE DOE hereby authorize and Impower you to Constitute and ap- point Judges, Justices of the peace, and other necessarie officers and ministers in our said province, for the better administration of Justice, and putting the Laws in execution, And to administer, or Cause to be administred, Such Oath or oathes as are usually given for the due exe- cution and performance of offices and places, and for the clearing of Truth in Judiciall causes: WEE DOE further by these presents, will and require that appealls be permitted to be made in Cases of error, from our Courts in Newyorke unto our Governo", and to our Councill in Civill Causes ; PROVIDED the value appealed for doe exceed the sum of One hundred pounds sterling; and that security be first duelv given by the appellant, to answer such Charges as shall be awarded in Case the first sentence shall be affirmed. AND WHEREAS, wec doc Judge itt necessary that all our subjects may Have Libertie to
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appeale to Our Royall person in Cases that may deserve the same, OUR WILL AND PLEASURE IS, that if either party shall not rest satis- fied with the Judgment or sentence of Our Governo' and Councill, They may then appeale unto Us in Our privy Councill, provided the matter in differance exceed the reall value & sum of three hundred pounds sterling; And that such appcale be made within one ffortnight after sentence, and that security be likewise duely given by the appel- lant, to answer such Charges as shall be awarded, in Case the sentence of the Governo' and Councill be Confirmed: And provided also, that execuon be not suspended by reason of anie such appeale unto us. AND WEE DOE hereby give and grant unto you full power and au- thority, where you shall Judge any offender or offenders in Criminall matters, or for anie ffynes or fforfeitures, fitt objects of our mercy, To pardon and remitt all such offenders' ffynes and fforfeitures, before or after sentence given, Treason and williull murther only excepted ; In which Cases you shall Likewise have power, upon extraordinary oc- casions, to grant Reprieves unto the offenders untill our Royall plea- sure may be knowne therein. WEE DOE by these presents, authorize and Impower you to Collate any person or persons, in anie Churches, Chappells, or other Ecclesiasticall Benefices within our said province and Territory aforesaid, as often as anie of them shall happen to be voyd. WEE DOE Hereby give and grant unto you, the said Benja- min ffletcher, by your selfe, your Captaines and Commanders by you to be authorized, full power and authoritie To Levy, Arme, muster, Command and employ all persons whatsoever, residing within our sd province of Newyorke, and other the Territories under your govern- ment, and as occasion shall Serve, them to Transferr from one place to another, for the resisting and withstanding of all enemies, py- ratts, and rebells, both att sea and att land, and to Transport such force to anie of our plantations in America, as occasion shall require, for the defence of the same against the invasion or at- tempts of anie of our enemies; and them, if occasion shall require, to prosecute, in or outt of the Limmitts of our said province and plantations, or anie of them; and if it shall so please God, them to vanquish, apprehend and take, and being taken, either, according to the Law of armes, to putt to death, or keepe and preserve alive, att your discretion ; and to execute martiall Law in time of invasion, insurrection or warr, and during the continuance of the same, as also upon Souldiers in pay, and to doe and execute all and every other thing or things which to a Captain Generall doth or ought of right to belong, as fullie and amplie as anie our Captain Generall doth or hath usually done. AND WEE DOE hereby give and Grant unto you full power and authoritie to erect, raise and build in our said pro- vince & Territories depending theron, such and so manie forts, platformes, Castles, Cityes, Boroughes, Townes and ffortifications, as you, by the advice aforesaid, shall judge necessary ; And the same, or anie of them, to ffortify and furnish with Ordnance, ammunition, and all sorts of armes, fitt & necessary for the securities and defence of our said province : AND WEE DOE hereby Give and Grant unto you, the said Benjamin fletcher, full power and authoritie to
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Erect one or more Court or Courts Admirall within our said province and Territories, for the Hearing and determining of all marine and other Causes, and matters proper therin to be heard, with all reasona- ble and necessarie powers, authorities, ffees and priviledges ; As also to exercise all powers belonging to the place and office of Vice admi- rall of and in all the seas & Coasts about you Government, according to such Commission, authorities & 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 admirall of our forreigne plantations for the time being. AND FOR AS MUCH as divers mutinyes and disorders doc happen by persons ship- ped and employed att sea, And to the end that such as shall be Ship- ped or employed att sea may be the better governed and ordered, WEE DOE Hereby Give and grant unto you, the said Benjamin ffletcher, our Captaine Generall and Governo' in Cheife, full power & authoritie to Constitute and appoint Captains, masters of Shipps, and other Commanders, and to Grant to such Captains, masters of Shipps and other Commanders, Commissions to execute the Law martiall, and to use such proceedings, authorities, punishment, Correction and exe- cution, upon anie offender or offenders which shall be mutinous, sedi- tious, disorderlie, or anie way unruly, either att sea or During the time of their abode or residence in anie of the ports, harbours or Bays of our said province or Territories, as the Cause shall be found to re- quire, according to the martiall Law: PROVIDED, that nothing herein contained shall be Construed to the enabling you, or anie by your authority, to hold plea, or have jurisdiction of anic offence, cause, matter or thing Comnitted or done upon the High sea, or within anie of the Havens, Rivers or Creeks of our sd province or Territories under your government, by anie Captaine, Commander, Leiutenant, master, or other officer, Seaman, Soldier, or person whatsoever, who shall be in actuall Service and pay in and on Board anie of our shipps of warr, or other vessels acting by Immediate Commission or warrant from our Commissioners, for executing the office of our High admi- rall of England, under the seale of our Admiralty, or from our High admirall of England for the time being: And that such Captaine, Comander, Leiutenant, master, officer, Seaman, Soldier, and other persons so offending, shall be left to be procceded against and tryed, as the meritt of their offences shall require, either by Comission under our great seale of England, as the Statute of the eight & twentieth of Henry the eighth directs, Or by Comission from our said High admirall, according to the act of parliament passed in the Thirteenth yeare of the Reign of the Late king Charles the second, Entitled an act for . the establishing articles & orders for the regulating & better Govern- ment of his majesties navyes, shipps of warr, & forces by sea, and not otherwise; saving onely, that it shall & may be Lawfull for you, upon anie such Captaine or Commander refusing or neglecting to execute, or upon his negligent or undue exccuon of anie of the written orders hoe shall receive from you, for our service and the service of our sd province, to suspend him, the said Captaine or Commander, from the exercise of his said office of Commander, and Committ him into Safe
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Custody, either on board his owne Shipp or elsewhere, att the discre- tion of you, in order to his being brought to answer for the same, by Comission, under our great seale of England, or from our High Admi- rall, as is before expressed : In which Case, our will and pleasure is, that the Captaine or Commander so by you suspended, shall, During such his suspension and Committment, be suceeded in his sd office by such Comission or warrant officer of our said shipp, appointed by our Commissioners for executing the office of our High admirall of England, or by our High admirall of England for the time being, as by the knowne practice and discipline of our Navy does and ought next to succeed him, as in Case of death, sicknesse, or other ordinary disabilitie happening to the Commander of anie of our shipps of warr, and not otherwise; you standing also accountable to us for the 'Truth and Importance of the Crimes and misdemeanors for which you shall so proceed to the suspending of such our said Captain or Commander : PROVIDED ALSO, that all such disorders and misdemea. nors Committed on shoare by anie Captaine, Comander, Leiutenant, master, or other officer, seaman, souldier, or person whatsoever, be- longing to anie of our shipps of warr or other vessell, acting by Im- mediate Commission or warrant from our Commissioners, for executing the office of our High admirall of England, under the Seale of our Admiralty, or from our High Admirall of England, for the time be- ing, may be tryed and punished according to the Lawes of the place where anie such disorders, offences and misdemeanors shall be so Committed on shoare, notwithstanding such offender be in our actuall service, and borne in our pay, on Board anie such our shipp of warr, or other vessell, acting by Immediate Commission or warrantt from our Commissioners, for executing the office of our High admirall, or from our High admirall as aforesaid ; so as hee shall not receive any protection for the avoyding of Justice for such offences Committed on shoare, from anie pretence of his being employed in Our Service att sea. AND OUR WILL AND PLEASURE IS, That all publick moneys raised, or to be raised, within our said province and other the territories under your Government, be Issued out by warrant from you, by and with the advice and Consent of the Councill, and disposed of by you for the Support of the Government, and not otherwise. AND WEE DOE hereby Likewise Give and Grant unto you full power and authoritie, by and with the advice and Consent of our said Coun- cill, to agree with the inhabitants of our province and Territories aforesaid, for such Lands, Tenements and Hereditaments as now are, or hereafter shall be in our power to dispose of, And them to grant unto anie person or persons, for such Terme, and under such moderate Quitt rents, services and acknowledgments, to be therupon reserved unto us, as you, by and with the advice aforesaid, shall think fitt. Which said grants are to passe and be sealed by our seale of Newyorke, and be- ing entred upon Record by such officer or officers as you shall appoint thereunto, shall be good and effectuall in Law, ag' us, our Heirs and successors. AND WEE DOE Hereby Give you full power to order and appoint ffaires, marts & marketts, as also such and so many ports, Harbours, Bays, Havens, and other places for the Convenience of
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shipping, and for the better Loading and Unloading of goods and merchandizes as by you, with the advice and Consent of the said Coun- cill, shall be thought fitt and necessarie, and in them, or anie of them, to Erect, nominate and appoint Custome Houses, warehouses, and Officers relating thereunto; and them to alter, Change, place or displace, from time to time, as with the advice aforesaid shall be thought fitt ; AND WEE DOE by these presents will, require and Command you to take all possible care for the discountenance of vice, and encouragement of virtue and good Living, that by such examples the Infidells may be invited and desired to partake of the Christion Religion. AND OUR FURTHER WILL AND PLEASURE IS, that you shall not att anie time hereafter, by Colour of any power or authority hereby granted, or mentioned to be granted, take upon you to Give, grant or dispose of anie officer or place within our sd province and Territories which now are, or shall be granted under the great seal of England, any further then that you may upon the Vacancy of any such office, or suspension of any officer by you, putt in any person to officiate in the intervall untill the said place be disposed of by us under the great Seal of England, or that our directions be otherwise given therein. AND WEE DOE Hereby require and Command all offi- cers and ministers, Civill and military, and all other Inhabitants of our said province and the Territories depending theron, to be obe- dient, ayding and assisting unto you, the said Benjamin ffletcher, in the execution of this Our Commission, and of the powers and authori- ties therein contained: And in Case of your death, or absence outt of our said province and Territories under your government, Unto such person as shall be appointed by us to be Commander in Chiefe of our said province, To whom wee doc therfore, by these presents, give and grant all and singular, the powers and authorities aforesaid, to be exe- cuted and enjoyed by him during our pleasure, or untill your arrivall within our said province and Territories: AND if upon such death or absence, there be noe person upon the place Commissionated or ap- pointed by us to be Commander in Chiefe, OUR WILL AND PLEASURE Is, that the then present Councill of our said province, doe take upon them the administration of the government, & execute this Commis- sion, and the severall powers & authorities herein Contained, relating to our said province, and that the first Councillor who shall be att the Time of your death or absence, residing within the same, doe preside in our said Councill, with such powers and preheminences as anie former president hath used and enjoyed within our said province, or anie other our plantations in America, untill our pleasure be further knowne, or your arrivall, as aforesaid. AND LASTLY, wee doe Hereby declare, ordain and appoint, That you, the said Benjamin ffletcher, shall and may Hold, execute and enjoy the office and place of Captaine Genetall and Governo" in Chiefe, in and over our province of Newyorke and the Territories depending thereon, together with all & Singular, the powers and authorityes hereby Granted unto you, for and during our will and pleasure.
IN WITTNESSE WHEREOF, wee have Caused these our Letters
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to be made patents. WITNESSE Our selves att Westminster, the eighteenth day of March, in the fourth yeare of our Reigne. per Breve de privato Sigillo. CHUTE.
PENNSILVANIA, SS.
Minutes and Orders of Councill, from the arrivall of his Excel- lency, BENJAMIN FFLETCHER, Captain Generall and Governo' in Chiefe of the province of Newyorke, province of Pennsilvania and Countrey of New castle, And the Territories and Tracts of Land de- pending theron, in America. In philadelphia the 26th of Aprill, in the fifth year of the Reign of our Soveraign Lord & Lady, WIL- LIAM & MARY, by the Grace of God, of England, Scotland, france and Ireland, king & Queen, defenders of the faith, &c.
[26ª Aprill, 1693.
Wednesday, Att Philadelphia, the 26" of Aprill, 1693.
His Excellency arrived here between the Hours of eleven and twelve in the forenoone, and being Conducted by the Sheriffe to the mercate place, Caused their Majesties' Letters patents for the Go- vernment of pennsilvania and New Castle, to be publicly read.
His Excell. having sent for Thomas Lloyd, the Late Deputy Go- verno', did offer unto him the first place in the Councill, which he did refuse.
2 A CLOCK, AFTERNOONE.
William Markham, Esq'. took the Oaths appointed by act of par- lament to be taken in stead of the oaths of allegiance and Suprema- cy, & Test, and afterwards the oath of a Councillor for the said pro- vince and Councill, and by his Excell. direction, took the first place in the Councill.
Andrew Robeson and Robert Turner did subscribe the Test, the de- claration of' fidelitic, and profession of the Christian faith, and after- wards did promise to performe the Substance contained in the oath of a Councillor, as in the presence of God, and by his Excell. appoint- ment, took their places att the Councill board.
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Patrick Robinson took the Oaths & Test, and oath of a Councillor, and his place att the Councill board, by his Excell. direction.
Att a Councill Held att philadelphia on a Wednesday the 26" of Aprill, 1693.
PRESENT :
His Excell. BENJAMIN FFLETCHER, &c.
Wm. Markham, Esq".
Robert Turner,
Andrew Robeson, S
Patrick Robinson, S Esq".
His Excell. did desire that the members of Councill would resolve into a Committee, to Consider of persons within the province of penn- silvania & Countrey of New Castle, that are qualified to be Judges, Justices of the peace, sheriffes, and other officers, throughout the Severall Counties ; which was ordered accordingly.
John White, Sheriffe, being demanded what prisoners hee held, did deliver a warrant by which hee held peter Boss in the Common goale, for making an Escape & not paying a fine of six pounds, including Costs; which was read.
His Excell. did Order That the members of Councill be in the Commission of the peace throughout the whole province and Countrey.
Adjourned till 8 a Clock the morrow morning.
[27 Aprill, 1693.
Att a Councill held att Philadelphia on a Thursday the 27ª of April, 1693.
PRESENT :
His Excell. BENJAMIN FFLETCHER, &c.
Wm. Markham,
Lawrence Cock,
Andrew Robeson, Esq". William Salway, Robert Turner, $ Esq".
Lawrence Cock being Called to this Board, Had the oaths and Test, and Oath of a Councillor administered to him, and took his place att the board.
William Salway did Subscribe the declarations & profession of the Christian faith, and did promise to observe the substance of the oath of a Councillor, and by his Excell. order, took his place at the board.
His Excell. did nominate William Markham, Esq"., to be Leiuten- ant Governo', which was approved of by the whole Councill, who did return his Excell. thanks for that hec did appoint a Gentleman to be their Leiu' Governor, of their particular knowledge and good affections.
The Councill did Return unto his Excell. a List of officers names
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whom they Judged qualified for Civill offices in the government, which was read & approved of,
His Excell. did Lay before the Councill That their matjes affairs did call him Speedily to the fronteers, in the province of Newyorke, The necessitie of calling an Assembly, and of their early meeting, Desiring their advice. The Councill doe advise his Excell. that the Least time can be allowed for their coming together is Sixteen or eighteen dayes.
His Excell. did also desire their advice and opinion Concerning the number of Representatives to be returned from each County : Which was variouslie given.
It being the former Custome of this province to have nine represen- tatives for each County, different from the Custome of their maties province of Newyorke, where there are Two for each County,
Some did alledge that upon this suddain alteration, sundrie were therby disobliged, and a small number of Assemblymen might act with Lesse Courage for their maties service. Others doe advise his Ex- cell. to Consult their maties Letters patents, and his Instructions for the government.
The Resolution therof is deferred till further advisement.
Upon the Reading the petition of peter Boss, the same is referred To Andrew Robeson, Robert Turner, and Lawrence Cock, Esq". to examine the petitioner's allegations, and make report therof to his Excell.
Adjourned to 3 a Clock afternoone.
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Att a Councill Held att Philadelphia 27th Aprill, 1693, S a Clock afternoone.
PRESENT:
His. Excell. BENJAMIN FFLETCHER, &c.
WILLIAM MARKHAM, Esq'., Leiu' Governo".
Andrew Robeson, { Esq". Robert Turner, Lawrence Cock,
Patrick Robinson, Esq".
His Excell. did again Require the advice of this board concerning the number of Representatives to be returned for each Countie.
RESOLVED, That writts Issue, returnable the fifteenth of May next, and that foure Representatives be returned for the County of phila- delphia, foure for New Castle, and three for each of the other Coun- ties.
Upon reading the petition of William Bradford, printer, directed to his Excell., wherin hee setts forth that in September Last his tooles and Letters were Scized by order of the Late Rulers, for printing some books of Controversie, and are still keept from him, to the great
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hurt of his family, and prays Reliefe. His Excell. did ask the advice of this board.
The Severall members of Councill being well acquainted with the truth of the petitioner's allegatons, are of opinion, and doe advise his Excell. To Cause the petitioner's tooles and Letters to be restored to him.
Ordered That John White, Sherriffe of Philadelphia, doe Restore to Wm. Bradford, printer, his tooles and Letters, taken from him in Sep- tember Last.
Upon Reading an Order of the Late Governo' & Councill, Concern- ing Jeremiah Elfreth, Thomas Groves and Thomas East, upon the Complaint of George Heathcote,
His Excell. did Order the Councill to Resolve themselves into a Committee, to examine and draw up their opinion of the matter ther- of, and to make returne therof, under their Hands.
Wm. Markham, Esq'. having received his taking of the Oath and Test, with the oath of Liev Governo", did receive his Commission from his Excellency.
His Excell. did move that there be a Certain day of the weeke ap- poynted for a weekly Councill Day for the publick affairs of the Go- vernment.
Agreed, That Tuesday is most Convenient for the weekly Councill day.
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[28th Aprill, 1693.
Att a Councill Held att philadelphia on Fryday the 28$ Aprill,1693.
PRESENT :
His Excell. BENJAMIN FFLETCHER, &c.
WILLIAM MARKHAM, Esq'., Leiv' Governo'.
Andrew Robeson, 2
Patrick Robinson, Esq".
Robert Turner, 5 Esq". Lawrence Cock,
Pursueant to his Excell. Order yesterday, The Councill did return under their hands, their opinion of the order of the Late deputy Go- verno' and Councill of the 20th of September, 1692, That it is unjust and Illegall.
Upon reading of the petition of Jeremiah Elfreth, Thomas Groves, & Thomas East, under Confinement by the said order of the Late deputy Governo' & Councill,
Ordered the said three petitioners be discharged; and the said Jere- miah Elfreth, Thomas Groves and Thomas East, are hereby dis- charged from any bond or recognizance taken from them by virtue of the said order, with their suretyes.
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