USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 38
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Upon reading the petition of dirck Johnson, als Clauson, setting forth that hee, with his wife and Sister, stand Committed in Close
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prison, upon suspition of murder, where he hath continued twelve months, without the benefit of being brought to tryall,
Ordered that a Commission of Oyer and Terminer doe forthwith issue for the Tryall of the petitioners.
His Excell. Caused the petition of philip England to be read, wherin the petitioner setts forth that by the proprietarie's appointment hee is keeper of the ferry and Ordinarie att the Skuillkill, together with his warrantt and License, under Hand and Seal of Wm. penn, Esq'., for soe doing.
His Excell. did Signifie unto this board, That for as much as the ferry was the propertie of the proprietary, hee would grant unto the petitioner his Confirman and License for the keeping of the same, and discharge all others from Transporting anie persons over the Skuill- kill, neer the said ferry, for monie or reward, Untill the proprieta- rie's pleasure be knowen, which was approved, and some of the Councill, on behalfe of the proprietary, did return his Excell. thanks.
Joseph Wood, Esq'., Sherriffe of Chester, and John Hill, Esq'., Sherriffe of Sussex, had the oaths and Test, with the oath of a Sher- riffe, administred unto them.
[29" Aprill, 1693.
Att a Councill Held att philadelphia on Saturuday the 29" of Aprill, 1693.
PRESENT :
His Excell. BENJAMIN FFLETCHER, &c.
WILLIAM MARKHAM, Esq'., Leiv' Governo".
Andrew Robeson, 3
Lawrence Cock, ? Esq".
Robert Turner, Esq". William Salway, S
John Claypoole, Esq'., Sherriffe of philadelphia, and Israell Tay- lor, Sherriffe of Bucks, Had the oaths and Test, and oath of a Sher- riffe, administred unto them.
[1* May, 1693.
Att a Councill Held att philadelphia on Moonday the 1" of May, 1693, 'att 5 a Clock in the morning.
PRESENT :
His Excell. BENJAMIN FFLETCHER, Esq'.
WILLIAM MARKRAM, Esq'., Leiv' Governo".
Andrew Robeson, ¿
Lawrence Cock, Esq". Robert Turner, 3 Eso". Patrick Robinson, -
His Excell. did Signifie to the Councill that hee was to goe this
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morning to New Castle, to publish their Maties' Letters patents ; That hee thought it Convenient to Leave them here for the preservation of the peace; That hee hath appointed them Justices of the peace through- out the whole province, and therfore called them together to adminis- ter to them the oath of Justice of the peace, Leaving strict charge with them to maintain the peace here during his absence.
The Leiv' Governo' and Severall members of Councill, in different manner, had the oath of a Justice of peace administred to them.
[Att New Castle, 1ª May, 1693.
Att New Castle the first day of May, 1693.
His Excell. being attended by the Leiv' Governo', and militia in arms, att 12 a Clock went to the Townehouse and there published their Maties' Letters patents, which was followed with fireing of guns, great Shouting and joy.
Att a Councill Held att New Castle on Tuesday the 2ª of May, 1693.
PRESENT :
His Excell. BENJAMIN FFLETCHER, &c.
WILLIAM MARKHAM, Esq'. Leiv' Governo'.
John Cann, ~ Esq".
Wm. Clark, S
John Cann, Esq'. took the oath and Test, and oath of a Councillor, and by his Excell. direction, his place att this board.
William Clarke, Esq'., did Subscribe the Severall declarations pro- vided for non Conformists by act of parliament, and did Solemlie promise to observe & fullfill the Substance of the oath of a privie Councillor, and was ordered by his Excell. to take place att the board.
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2 a Clock afternoone, presentibus lisdem.
John Cann, Esq'., and Wm. Clarke, Esq'., had the oath of a Justice of the peace for the whole province and Countrey administred unto them in different manner, as formerly.
Peter Alrichs, John Donaldson, Richard Hallwell, & John Grubb, had the oaths & Test, and oath of a Justice of the peace for the Coun- ty of New Castle, administred unto them.
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Edward Bleake did Subscribe the declarations, and promised Solemnly to perform the office of a Justice of the peace for the Coun- ty of New Castle.
Luke Watson, for the Countie of Sussex, had the oaths and Test, and oath of a Justice of the peace administred unto him.
[3] May, 1693.
Att a Councill Held att New Castle on Wednesday the 3ª of May, 1693, in the morning.
PRESENT :
His Excell. BENJAMIN FFLETCHER, &c.
WILLIAM MARKHAM, Esq'., Leiv' Governo".
John Cann, Wm. Clark, SE Esq".
Edward Lillington, Esq'., Sherriffe of New Castle, James Clay- poole, Clark, & Peter Reverdie, Coroner, Had the Oaths and Test, with the oaths of their respective offices in the said Countie, adminis- tred unto them.
His Excell. did Spend the rest of the forenoone in finding the most convenient place att New Castle to build a fort, to Command the channell of the river delaware before New castle: in the afternoone did return to philadelphia.
[5th May, 1693. Att a Councill Held att philadelphia, on Friday the 5th of May, 1693.
PRESENT :
His Excell. BENJAMIN FFLETCHER, &c.
. Andrew Robeson,
Robert Turner, Esq". Lawrence Cock, - Esq".
Pat. Robinson,
Wm. Salway,
His Excell. Caused to be read an address of seaven persons (to him) Late of M'. Lloyd's Councill, viz: Joseph Growdon, John Bristow, John delavall, John Simcocke, Hugh Roberts, Samuell Lewis and Richard Hough. The direction is to Benjamin ffletcher, Esq"., Captain Gene- rall & Governo' in Chiefe, &c., without naming his Excell. of the province of pennsilvania & Countrey of New Castle, wherein they call themselves the delegates and members of the provinciall Councill, in behalfe of the freemen of the province, and desire that no other method may be used for the Calling together their Legislative power then the received Laws of this province doc prescribe.
His Excell. asks the advice of this board concerning the same. It is the opinion of this board, That the address being generall, It
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cannot be Consistent with the powers granted his Excell. by their majesties Letters patents, to have anie regard to, or answer it.
Samuell Jennings, a former Justice of the peace, being sent for, His Excell. did offer to continue him in the same station, which hee did refuse.
Arthur Cooke, in Like manner did refuse. Robert Ewer, in Like manner did refuse.
William Salway, Esq'., did Solemnlie promise to execute the of- fice of Justice of the peace throughout the whole province and Coun- trey.
[6ª May, 1693.
Att a Councill Held att philadelphia on Saturuday the 6th of May, 1693.
PRESENT:
His Excell. BENJAMIN FFLTCHER, &c.
Andrew Robeson,)
Lawrence Cock,
Rob' Turner, SEsq". Wm. Salway. .Esq".
Pat. Robinson,
Samuell Carpenter being offered the office of Justice of the peace, Refused.
Griffith Owen, a former Justice, in Like manner did refuse.
Anthony Morris did Subscribe the declarations, and Solemnlie pro- mise to execute the office of a Justice of peace in the Countie of phila- delphia.
Joseph Wilcox and Joseph Fisher did refuse the office of a Justice of peace.
Jacob Hall and Andrew Bankson took the oaths'& Test, and oath of Justice of the peace for the Countie of philadelphia.
Francis Rawle did Subscribe the declaration and solemnlie promise to execute the office of Justice of the peace in the Countie of phila- delphia.
Francis Daniell pastorius did subscribe the declaran and Solemnlie promise to execute the office of a Justice of peace in philadelphia.
Some of the Councill giving Information That William Hudson did utter words in contempt of a proclamation Issued by his Excell. to prohibit Sabbath breaking, drunkenness, Idleness, Unlawfull gaming, and all manner of prophanesse,
Ordered Andrew Robeson, Esq'. doc call the evidences before him, take the sum of their evidence ag' Hudson in writting, and returne it to this board.
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[8th May, 1693.
Att a Councill Held att Philadelphia on Moonday The 8th of May, 1693.
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PRESENT :
His Excell. BENJAMIN FFLETCHER, &c.
Andrew Robeson,
Lawrence Cock,
Rob Turner, Esq". Wm. Salway,
Pat. Robinson, Wm. Clarke,
Esq".
Andrew Robeson, Esq'. made Return, That he had examined the Evidences ag' Wm. Hudson, and found no positive Materiall Evidence ag' him, & that he did deny the words.
Humphrey Murrey, a former Justice of the peace, did refuse to be continued.
Nehemiah Field had the oaths & Test, with the oath of Clarke of the Countie of Sussex, administred unto him.
[10° May, 1693.
Att a Councill Held att Philadelphia On Wednesday the 100% of May, 1693.
PRESENT:
His Excell. BENJAMIN FFLETCHER, &c.
WM. MARKHAM, Esq'., Leiv' Governo'.
Andrew Robeson,
Rob' Turner,
Esq".
William Clarke,
Esq".
Pat. Robinson,
Humphrey Waterman had the Oaths and Test, and oath of a Jus- tice of the peace for the Countie of Philadelphia, administred unto him.
His Excell. did propose the necessitie of building a fort in some Convenient place upon the River Delaware, to Command the Channell for the Sccuritie and defence of trade and the Inhabitants: Which was putt to the vote and Caryed in the affirmative.
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Afternoone, The 10ª of May, 1693.
PRESENT :
His Excell. BENJAMIN FLETCHER, &c.
WILLIAM MARKHAM, Esq'., Leiv' Governo'.
Andrew Robeson, ? Esq". Wm. Clarke,
Lawrence Cock, S
Rob' Turner, ¿ Esq".
Some Indians from the upper part of the River being come to towne
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Lawrence Cock,
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to pay their respects to his Excell., His Excell. sent for them & gave them audience.
Lawrence Cock, Esq'., their Interpreter.
Their Speaker laid a belt of Wampum att his Excell. feet, Saying: this Belt of wampum Came to us from the Indians of Virginia and Maryland, for a token of peace between them and us, and now wee lay it before your Excell., in token that wee desire peace with all the Indians that belong to anie English plantations in America : And de- sire your Excell. to persuade the Senecas from doing them anie harme in their hunting, (as was done to some of them Last Summer,) that they may hunt in safety.
His Excell. did answer: That he was shortlie to Return to New- yorke ; That their majesties have made him Governo' of Pennsilvania and New Castle, & putt all the forces of Fast & West Jersey under his Command, and hee was come here to publish it, But so soone as hee shall returne to Newyorke, will goe to Albany & there meet the five nations, and have Conference with them; And that he wold En- joine the Senecas, & all the other Indians, to peace & friendship with them, & all other Indians belonging to the English provinces in Ameri- ca. Therfore, they should not doubt his protection whilst they are of good behaviour.
The Indian Speaker Laid some dressed deer skins att his Excell. feet, & wished his Excell. joy of this government.
His Excell. told them that he was to returne to Newyorke himselfe, and Had appointed Leiv' Governo' Markham in his stead, and if anie of them be aggrieved in his absence, they must make application unto him for redresse, which they will always have.
The Speaker sayes: Wee are verie thankfull to your Excell. for ap- pointing one over us in yo' absence who hath done good to us former- lie, and whom wee Have known a Long time; and in token therof, Laid down some Bever att his Excell. feet.
The Speaker again says: Wee are now glad to know our Governo : when the Quakers governed sometimes one man & sometimes another pretended to be Governo', & when wee were in feare of the French and their Indians, and inclined to make warr with them, they would not encourage us, nor make anie preparations themselves, nor give us assistance : although wee are a small number of Indians, yet wee are men & know fighting. Wee hope yo' Excell. will encourage us in it; & gave some raccoons.
His Excell. told them, That in February Last the French and In- dians did invade the Mohoggs Countrey, and in three days hee was got to Schenactady with force sufficient to have destroyed them all; That they stoll away in a stormie night: But were sufficiently beat the day before, and most of their officers killed. Also, that hee was a man of armes, and not of the Quakers principle : That he had serv. ed their majesties in their army before hee came hither, and wold now goe as farr as any man to protect them, and all that doe owne their majesties authoritie, as well Indians as Christians.
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His Excell. told them He hoped they will give him a proofe of their Manhood & valour by sending some of their best men up to Albany, to assist our people agt the Enemy. That here they were in safety, for the French and their Indians cannot come neer to hurt them, Unless they come over him, which they should never doe.
The Speaker said That some of them had been drunk; His Excell. must pardon it and not putt them in the stocks, for they knew no bet- ter, and the Christians did sell them the Liquor; and gave two deer skins.
His Excell. Replyed That their Brethren at Albany were not of their mind : in February last, some of them being drunck one killed another, and they came to me and prayed that I should dischairge the selling of Rum to the Indians during the warr, or that I wold punish such as were drunk.
The Speaker. Wee profess wee will be one Heart, and true to the English and to one another; Wee submitt ourselves to your Excell. and if ever you find us false, you shall cutt us all to pieces, making signs all over his body; & gave some deer skins.
His Excell. Replyed he was glad to see them so dutifull, and wold give them protection accordinglie. That he wold order something for them in testimony of his satisfaction with their friendship and sub- mission.
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[11ª May, 1693.
Att a Councill Held att Philadelphia on Thursday The 11th of May, 1693.
PRESENT :
His Excell. BENJAMIN FLETCHER, &c.
Andrew Robeson, ?
Robert Turner, SEsq". Lawrence Cock, r >Esq".
Pat. Robinson,
Wm. Clarke,
Upon reading the petition of sundrie Sweedes, Inhabitants upon the river Skuilkill, wherin they sett forth that their meeting hous is on the other side the river; That they Live three miles distant from the ferry, and that they are restrained from passing the river the near- est way to their worship on Sundayes & Holydayes by philip England, keeper of the ferry att Skuilkill.
His Excell. did offer his Inclinations to remove anie obstruction that might be given to the worshipp of God, and his regard to the Interest of the proprietarie in the ferry, desiring the Councill's advice.
The Councill are of opinion, That the petitioners may have Libertie granted them to transport themselves over the river to & from their worshipp, provided they de not abuse this Libertie to other ends, to the prejudice of the ferry.
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[12º May, 1693.
Att a Councill Held att Philadelphia on Friday the 12th of May, 1693.
PRESENT :
His Excell. BENJAMIN FLETCHER, &c.
WM. MARKHAM, Esq', Leiv' Governo".
Lawrence Cock, ? Esq".
Robert Turner, ? Esq". Wm. Clarke, Pat. Robinson, S S Upon reading of the petition of William dennis, Complayning of Cornelius Empson,
Ordered the said Empson have a Copie of the petitioner's Com- plaint.
His Excell. did order the Councill to resolve themselves into a Com- mittee, to Consider what may be proper for his Excell. to offer to the Assembly.
[13th May, 1693.
Att a Councill Held att Philadelphia on Saturuday the 133 of May, 1693.
PRESENT:
His Excell. BENJAMIN FLETCHER, &c.
WM. MARKHAM, Esq'., Leiv' Governo".
Robert Turner, Laurence Cock, Wm. Clarke,
(Es"
George Forman Had the oaths & Test, & oath of a Justice of peace for the Countie of Chester, administred unto him.
John Child had the oaths and test, and oath of the office of Coun- tie Clark of Chester, administred unto him.
Jeremiah Collet, Thomas Smith, and Thomas Withers, did sub- scribe the declarations & profession of the Christian faith, and so- lemnlie promised to performe the office of a Justice of peace for Ches- ter Countie, according to the substance of the oath of that office.
John Simcoke, John Bristow, George Merris & Wm. Jenkins, former Justices of the peace in the Countie of Chester, did give a dila- torie answer to his Excell. proposall to have them continued in that office.
Jonathan Hayes, Robert piles and Randall Vernon, did refuse the office of Justice of the peace in Chester.
Gilbert Wheeler and Joseph Wood took the oaths and Test, and office of a Justice of peace for Bucks Countie.
Rob' Cole took ye oaths & test, & oath of Clark of the County of Bucks.
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[15th May, 1693.
Att a Councill Held att philadelphia on Moonday the 15ª of May, 1693.
PRESENT :
His Excell. BENJAMIN FLETCHER, &c.
WILLIAM MARKHAM, Leiv' Governo'.
Andrew Robeson, Lawrence Cock, r Esq".
Rob' Turner, Esq". Wm. Salway,
Pat. Robinson,
Wm. Clarke,
John Brocke did subscribe the declaration and profession of the Christian faith, and solemnlie promise to execute the office of a Jus- tice of peace for Bucks Countie.
William Rodeney had the oaths and Test, and oath of Clarke of the County of Kent, administred unto him.
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[16th May, 1693.
Att a Councill Held att Philadelphia on Tuesday the 16th of May, 1693.
PRESENT:
His Excell. BENJAMIN FLETCHER, &c.
WILLIAM MARKHAM, Leiv' Governo'.
Andrew Robeson,
Wm. Salway,
Robert Turner, Esq".
John Cann, Esq". ,
Pat. Robinson,
Wm. Clarke,
George Forman Had the oaths and Test, and oath of a privie Coun- cillor for this province, administred to him, & by his Excell. was ap- pointed to take place att the Councill board.
[3ª June, 1693.
Att a Councill Held att philadelphia in the Livet. Governor's house on a Saturuday 34 of June, 1693, about ten in the morning.
PRESENT:
WM. MARKHAM, Esq'., Livet. Governo'.
Andrew Robeson, William Clarke,
Robert Turner, Esqrs. George forman, V Esq".
William Salway,
pat. Robinson, Secry.
Ordered that Jn' Claypoole, Sheriff of philadelphia, doe forthwith attend att the market place with the Constables, the publication of the new Laws from their Originalls, under his Excell. hand, and of the
اجرقمة العامة العاجلة
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PROVINCIAL COUNCIL.
petition of right, & List of Laws therin contained, and the conclu- sion therof, and the ans" given therunto under his Excell. hand, which were accordinglie published.
Adjourned to the afternoon.
POST MERID.
Post Meridiem. Præsentibus Sicut antea.
Upon the reading of a Letter directed to the Livet. Governo' from Jnº Hill, Esq'., sheriff of Sussex Countie, dated the 29th day of May, 1693, mentioning that upon Thursday next Last, Silvester garland brought him two silver cupps, mark't I B, and the other I A, which upon further inquirie, were known to be John Bellamie's, wherupon the said John Hill apprehended the said Indian, who upon examin said that his children found them in grubbie neck. Hee tells hee has him in Custodie in Irons, & desires the Live' Governor's advice y'in, & by what means hee may be discharged of him.
Ordered that Wm. Clarke, csq'., in his return home take w' him the sd Silvester garland, by a warrt., & that hee examin the sd Indian befor the sd garland, as also the sd garland, & return the sd exami- nan to the Live' Governo' & Councill, and to continue or discharge ym as hce, the sd Wm. Clark, shall see cause.
[5 June, 1693.
Att a Councill, Held att philad. on a Moonday y* 5ª of June, Annoq domi. 1693.
PRESENT :
WILLIAM MARKHAM, Esq., Live' Governo'.
Robert Turner,
George forman, Esq'.
Andrew Robeson, Esq". Pati. Robinson, Secry.
The Livet. Governo" and Councill being informed of the arrivall of the Briganteen Ann from Barbadoes, & y' the M'., George Stiles, was Lost att sea, did call befor ym the briganteens Compa. & passengers, to give an acco' of his death, whether it was casuall, or whether anie on board was instrumentall therin. Emanuell Marius, a Spaniard. deposed that being Saillor aboard the sd briganteen, came outt from Barbadoes about 5 weeks agone, their Compa. consisting of the sd M. another Scaman, who was prest from them by a man of warr S dayes after they came thence, Christopher Hodges & the deponent; when they were in sight of land, 8 Leagues southward of the capes of delaware, wind Southeast, they gybed, and the boom knock't the sd Mr. overboard, & the deponent saw him in the sea, & imediatlie they cutt the boat Lashes & gott outt after the M. and saw the Sharkes byte his hatt, and as they came up to him w' the boat hee sunk: the deponent said that the M'. had no wife, & nothing on board but a few old cloathes & instruments, & that hee, the deponent, cannot take an observan, and knows onlie the North Starr.
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Christopher Hodges deposed, that this accident happened of the 25" day of May Last, between the hours of 4 & 5 in the afternoone, after they had made land and ran to it, & came below the Inlett, and then the M'. did bid us get readie the anchor and drop it, thinking it was the whorkill. Ned Burch, a passenger, & shoemaker by trade, being at the Helme wher the M'., as he was showing him which wind to keep, brought the saill to gybe & struck Burch, whois head was a little above the deck in the steridge, and struck the M'., who was stand- ing aloft, quite overboard; & that this deponent saw his heells turn over his head, & so fell overboard and cryed to bring the vessell too, which they did, and gott outt the boat, & flung outt a barrell, & the passen- gers flung outt ropes, but hee could gett hold of none of ym; they saw him swim, and att Last sunk, just as they gott to him, & also deposed the substance with the Spaniard. Elizabeth Cruikshank & Jean Yelden, passengers, deposed much to the same purpose, and that the M'. was Lost accidentallie.
[6th June, 1693. Att a Councill Held att philad. on a Tuesday 6 June, 1693.
PRESENT :
WM. MARKHAM, Esq'., Livet. Go".
Andrew Robeson, Esq".
Robert Turner,
William Salway, ¿ Esq". William Clarke, S Pat. Robinson, Secrie. 1
Ordered that Tuesday next it be considered att what place of the towne the public markett shall be keept.
[13* June, 1693.
Att a Councill Held at philad. on a Tuesday 13th of June, 1693.
PRESENT:
WM. MARKHAM, Esq'., Livet. Governo'.
Andrew Robeson,
Lacey Cock, - Rob' Turner, Esq". Wm. Salway, S
EsQ".
Wm. Clarke,
Pat. Robinson, Secry.
Robert Brett, Clark of the market, appointed by Comission from his Excell. Benja filetcher, &c. having made some proposalls to the Livet. Governor and Councill about regulating the markett att phila- delphia, Ordered that it be deferred untill it be known what are the Customs of newyork about the clark of the market & his fees, and that the market place be then also established.
Upon Complaint made to the Livet. Governor & Councill, that some of the Late Countie Clarks of the province and territories wold not de- Liver up to the succeeding Clarks Commissionated by his Excell. the
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records, minutes, rolls, files & ordrs of their rexive Courts, wtout an order,
Ordered that the Secrie issue this order, Sub' by him, by ordr of Councill, for all the said Clarks to deliver up to the Succeeding Clarks Comissionated by his Excell. all the records, minutes, rolls, files and orders of their rexive Courts, by Indenture, to be made be- tween the former and succeeding Clarks, as they will answer the same att their perrill.
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[20" June, 1693.
Att a Councill Held att philad. on a Tuesday ye 20% of June, anno dui 1693. ;
PRESENT :
WM. MARKHAM, Esq'., Livet. Governor.
George Forman, Esq'.
Andrew Robeson, ? Esq". Robert Turner, pat. Robinson, Secrie.
George Seith Having presented a petition, Setting forth that hee had been aspersed by some in this province, as having behaved him- selfe offensivlie agt the governm', & particularlie by Thomas Lloyd, Sam11 Jennings, Arthur Cooke, & Jn' delavall, in a Lett' from them to him, bearing date the 26 of 10" Mo., 1692, to the Liv' Go' & Coun- cill produced, wherin they accuse the said George of being Crazie, turbulent, a decryer of magistracie, and a notorious evill Instrument in Church & state, with manie other Severe expressions of that na- ture, and therfore requested a Certificate of his good behaveour.
Ordered that a Certificate be drawn and Signed to the petitioner; which was accordinglie done, and two of them Signed by the gentl. of the Councill then present: a Copie of the petitn, letter and Certifi- cate, remain on the files of the Councill.
[26th June, 1693.
Att a Councill Held att philad. on a Moonday the 26' of June, 1693.
PRESENT :
WM. MARKHAM, Esq'., Livet. Governo'.
Robert Turner,
Andrew Robeson, - Esq'. Pat. Robinson, Secry.
Lawrence Cock, Esq'.
Upon reading of the petin of divers of the relatns, friends & neigh- bours of derrick Johnson, a prisoner Condemned to dye, The sd petion containing in it reflecting matter relating to the triall of the sd derrick, was rejected, Which the Livet. Gor. & Councill imputed to the drawer of the petin, (supposed to be Jn' White,) & not to the petitioners, whom the Livet. Governor and Councill excused, because of their Ignorance
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And therafter, upon the petitn of Brighta, the wife of the sd derrick, begging the favor from the Livet. Governor of some support to her- selfe and poor children, The Livet. Governor told ym he wold inter- eede for ym to his Excell. Benjm. ffletcher, upon that accompt.
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