USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 39
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[27ª June, 1693.
Att a Councill Held att philad. on Tuesday 27th June, 1693.
PRESENT :
WM. MARKHAM, Esq'., Livet. Governo'.
Robert Turner,
Gco. Forman, Esq'.
Andrew Robeson, Esq". pat. Robinson, Secric.
Upon reading the petition of Edward Burch to the Livet. Governor, setting forth, That having Sailled from Barbadoes in the barkenteen Ann, George Stiles, Mr., & onlie one man and a boy more belonging to her, the petition' and his servant being to have their passage for their Labour: that the M', to the Southward of Cape Henlopen, was cau- sually knockt over board and Lost, to the hazard of the shipp, goods & passengers, and that att the desire of the people on board, the peti- tioner, with great hazard of his Life, went ashoare, & for saving the Life of the people, & for preserving the vessell and cargoe, did agree with a person to pylot her to some safe harbour, and to give him twen- tie pounds, and having had an easie & speedie passage into the whore- kills, the said pylot was willing to take ten pounds sterling, which the petitioner accordinglie paid, & took his receit for the same : And yrfor praying that the owners or present M' of the sd vessell may repay the said monies, & to allow some reasonable reward for his extraordi- narie service, care and danger, &c .: M' Jasper Yeates, to whom the sd vessell was Consigned, being called, and having had the sd petin read to him, and alledging that the passengers promised the petitioner fourtie Shillings p head for his care,
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It was ordered that the owners of the said vessell should pay back to the petitioner the said sum of ten pounds, & that hee might take his remidie att law for the fourtie shillings p head, promised to him by the passengers.
Upon the petition of the Inhabitants of the townshipp of Chelten- ham, in philadelphia Countie, for a convenient roade to the towne of philadelphia, while it may be done without injurie to the improvments of the Inhabitants : As also, for a convenient roade from the most inhabited part of the said townshipp, to Germantowne.
Ordered that the petitioners acquaint the Surveyor generall to at- tend the Councill the yth of July next, to informe about the conve- niencie of the said road.
Upon the petition of the inhabitants of Chester, to order the divi- sion of the sd Countie from the Countie of New castle, for want of which the petitioners Have long suffered,
Ordered that one or two persons of each Countie doe attend the
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Councill the yth of July next, in order to inform the Councill of the true state of that affair.
Upon the petition of philip England, Setting forth that wheras his Excelly. Benjamin Fletcher, did confirm the proprietor's License for keeping a ferrie over Skuillkill to the petitioner, forbidding anie' other to act therin att their perrill ; And that notwithstanding therof, Wm. Powell does ferrie people over the Skuillkill, to the petitioner's damage, & yrfor requesting the said Wm. Powell may be supprest,
Ordered that the Secry. Issue outt a warrant, to be served on the sd WVm. Powell by the Messenger, to appear before the Councill the 1Sth of July next, to make ans' to the sd Charge.
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11th July, 1693.
Att a Councill Held att philadelphia on a Tuesday, the yth of July, 1693.
PRESENT :
WILLIAM MARKHAM, Esq'., Livet. Governor.
Andrew Robeson, Esq'.
Rob' Turner, Esq'. Patrick Robinson, Secry.
The paucity of Justices of the peace for this Countic being repre- sented to this board by some of the members yrof, It was thought fitt that between this & the 18" instant, John Jones & Joshua Carpen- ter should be desired to be present the 18ª instant at this board.
Upon the petition of Edmond Lassell to the Livet. Governo' and Councill, setting forth that he has been S years agone prosecuted about making of monie, upon the evidence of persons att that time, Convict for the same crime, and yrfor requesting that upon his giving securitie for his good behaviour, hee might have Libertie to come into philadelphia to pursue his calling,
Ordered, That by reason of the uncertaintie of this petin, that the petitioner be Left to his course att law.
Upon the petin of Israell Taylor, Joseph Taylor and Jn" Buzbie, setting forth That Robert Turner having had the administran of the estate of Christopher Taylor, their father, Comitted to him by the then Ordinary, 12 mo. agone, and that hee hath done little in it, to the petitioner's great damage; And yrfor Requesting that the sd Rob turner may be ordered to prosecute the sd business as farr as in him lies, otherwise the petitioners will be greatlie damnified.
Ordered, That if the sd Rob' turner doe not, with as much expedi- ton as the Law will allow, perform the dutie of an administrator yrin, That another be appointed in his roome.
Upon the Request of some of the members of Councill, that an ordr made by the Court of Quarter Sessions for the Countie of phila- delphia the 4* July instant, (proceeding upon a presentment of the grand Juric, for the bodie of the sd Countie, ) ag' the tumultuous gath- erings of the negroes of the town of philadelphia, on the first daves of the weeke, ordering the Constables of philadelphia, or anie other
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person whatsoever, to have power to take up negroes, male or female, whom they should find gadding abroad on the said first daves of the week, without a tickett from their M'., or Mris, or not in their Compa, or to carry them to goale, there to remain that night, & that without meat or drink, & to Cause them to be publickly whipt next morn- ing, with 39 Lashes, well Laid on, on their bare backs, for which their sd Mr., or Mris. should pay 15ª to the whipper att his de- liverie of ym to yr M'., or Mris. & that the sd order should be Con- firmed by the Lievt. Governo' and Councill.
The Lievt. Governo & Councill Looking upon the su presentment to proceed upon good grounds, & the ordr of Court to be reasonable & for the benefit of the Inhabitants of the town of philadelphia, & that it will be a means to prevent further mischeifes that might ensue upon such disorders of negroes, doe ratifie & comfirme the same, & all per- sons are required to putt the sd ordr in execu'n.
Upon the presentment of the sd grand Jury for the want of a Chan- nell to Convey ye water cach way along the front street, between Chess-nutt-street & Wall-nutt-street, & upon the ordr of the sd Court that the Inhabitants between the sd streets on each side of the way should represent the same to the Livet. Go' & Councill,
Ordered, That the Mess' of the Councill, by ord' from the Secrie, doe Summon all the inhabitants on both sides of the street from Chess- nutt to Walnutt-street, to attend the Councill the 18th instant, in ordr to be heard in the sd matter, and to know the Livet. Governor and Councill's minds therin.
[18th July, 1693.
Att a Councill Held att philadelphia on a Tuesday the 18th day of July, 1693.
PRESENT:
WILLIAM MARKHAM, Esq'., Livet. Governo".
Andrew Robeson, 2 Esq'.
Lawrence Cock, Esq'.
Robert Turner, 1 Pat. Robinson, Secry.
Upon a former petn to the Livet. Governor & Councill, held 27 June Last, by philip England ag' Wm. powell, for ferrying people over Skuillkill to the petitioner's damage, It was then ordered that sd powell should be Sumoned by ye mess' of the Councill to attend ym this day to ansr the sd charge. The sd Wm. powell appeared & for his justificaon produced a paper wherin the grand Jurie for the Coun- tic of philadelphia, held the 7th of the 4th mo. 1692, presented the con- veniencie of another ferry att Wm. powell's on the Skuillkill, which the sd Court allowed, approved, and thought convenient that it should be done accordinglic. To weh the Livet. Governo' ansred that y' was no authoritie for him to keepe a ferrie there in prejudice to the ferric established by the proprietor. But therafter the sd Wm. powell an- swered That he wold desist from & leave off ferrying over people att that place, & that none else under him should ferric any people over from his Land for anie reward, And which the Livet. Governo" strictlie charged him to observe att his perrill.
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Robert Brett Having made known to the Livet. Governo' & Coun- cill that he had a Comission from his Excell. Go' ffletcher, for Clark of the market of philadelphia, Requested that they wold establish suteable fees to the said office.
Ordered, That the Clark of the market for the sd towne shall & may receive for all Cattle killed for the market Sixpence p head; for everie sheepe, calf & Lamb, two pence p head, for everie Hogg or shoot brought to the market or cutt outt for Sale there, three pence, And that nothing shall be paid for what the Countrie people bring to towne readie killed; And y' hee shall & may receive for Sealing of weights & measures, One pennie for each great or small. And they also Ordered, that all persons concerned should duely pay the Clark of the market the above said rates; And that all Justices, sherriffs, Constables and other officers be ayding & assisting to him in the exe- cuon of his said office.
According to an ord' of the Livet. Go' and Councill, of the y'a of Julie instant, John Jones and Joshua Carpenter having appeared, & the office of a Justice of ye peace being offered ym, John Jones abso- lutelie refused the same: Joshua Carpenter accepted, and did take the oaths appointed by act of parliament to be taken instead of the oaths of allegiance & Supremacie, & subt. the test, & took the oath of a Jus- tice of the peace.
In obedience to a form" order of Councill, dated yth instant, some of the Inhabitants betweene Chess-nutt & Wall-nutt street, did appear, viz: Griffith Jones, Sam" Carpenter, Anthony Morris, Alex' Beardslie, Nath" Sykes, Humphrey Morrey, Rob' Ewer, Joshua Carpenter, Tho. Marle, who did represent their willingness to have a Channell in the midst of the street to convey the water both wayes along the front street, between the sd two streets, qrby the nusance between the sd two streets might be remedied, and did desire that since they could not agree among ymselves about the manner of it, That the Livet. Governor & Councill wold take such Course yrin as might be Com- pulsorie, & binding upon ym & the rest of the freeholders between the said two streets.
Ordered, That Anthony Morris, Joshua Carpenter & Alex' Beards- lie, doe oversee & order the doing of the sd worke, with all expedtn & y' they take such advice & assistance y'in as they shall think fitt, and that the charge be laid equallie & proportionablie upon the free- holders on each side of the way between the sd two streets.
[30ª July, 1693.
Att a Councill Held att philadelphia on a Thursday the 30% of July, 1693.
PRESENT:
WM. MARKHAM, Esq'., Livet. Governo'.
Robert Turner,
Lawrence Cock, S Esq". Pat. Robinson, secry.
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اللعبة
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Israell Taylor, sheriff of the County of Bucks, Having been Called before the Livet. Go' & Councill to give an aco' of the estate of der- rick Jonson, Lately sentenced & executed for murdering an unknown person; And whether he had observed the Law relating to the estates of persons executed for murder; And why hee went from towne with- out taking full Instructions about the said estate ; And why hee had disposed of some parts of the sd estate Contrarie to theinstructions he had received from the Livet. Governo': To all which Hee an- swered, That hee had not Inventoried the sd whole cstate; and that hee had taken some part of it, but had not meddled with the widdow & children's half part; and that hee had disposed of some of the movables; and that hee had paid no flees but conditional- lie, to be repaid him if demanded; and that hee had great trouble about it; And that hee had procured to himself manie enemies on the acco' of his office; and after a perremptorie manner, desired to be dis- mist from the same: From which the Livet. Governo' did dismiss him from that time.
Ordered, That Israell 'Taylor doe bring in the Inventorie of the es- tate of derrick Jonson, and the apprizment therof, with a particular acco' how, in what manner, to whom and for what, hee has disposed of the same, by the 13th of August next ; which hee promised to doe befor y' time; and further added, that hee could give a true & just accompt of the same.
Ordered, That a Bill of Charges of 7£, 15S, & 5d, disbursed and brought in by Rob' Cole for saving, reaping and securing the Cropt of Corne, be paid him out of the sd estate of derricke Jonson, with something for his owne pains, travell & expences.
[1* August, 1693.
Att a Councill Held att philadelphia on a Tuesday the 1ª day of August, 1693.
PRESENT:
WILLIAM MARKHAM, Esq'., Livet. Governo.
Andrew Robeson,
Robert Turner, Esq". Lawrence Cock, Esq'.
pat. Robinson, Secry.
His Excell. Benim. Fletcher's Lett to the Livet. Governo' and Councill was this day read, & becaus of the thin Councill, It was ordered y' the same should be considered the 8% instant in a full Coun- cill, And y' ye Sccrie. give rotice to as many of ye Councill to be then present as (by reason of their distance) can.
Thomas Meaking, keeper of the free schoole in the town of phila- delphia, being called befor the Lt. Go' and Councill, was told that hee must not keepc schoole wtout a Licence. Ansred that hee was willing to Comply, and to take a Licence : was therfore ordered to procure a Certificate of his abilitie, Learning & diligence, from the Inhabitants of note in this towne, by the Sixteenth instant, in order to the obtain- ing a Licence, which he promised to doe.
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PROVINCIAL COUNCIL.
Upon Reading the petion of Charles Butler against David Lloyd, Ordered That the Consideratn yrof be referred to the next Councill, the 8th instant, and that the Secrie. cause the mess' Sumons the sd David Lloyd to be then present to ansr to the same.
John Claypoole, Sheriff of the Countie of philadelphia, Having in- formed the Lt. Go' & Councill that the members of Assemblie for the sd Countie, & the other 3 assessors chosen by ym, Having thought fitt to nominate him Collector for the sd Countie of the supply mo- ney, but were desirous that the Lt. Go' & Councill might take Secu- ritie from & with him in 500 Il. for his performance yrof & fidelitie yrin, Hee brought befor the Lt. Go' & Councill Sam" Atkins for his Securitie, Whom the Lt. Go' & Councill (with their owne Consents) ordered to be bound in 100011. jointlie & severallie, to their maties, with Condition that the sd Jnº Claypoole should faithfullie discharge that trust, and that hee should pay to the Treasurer all such sums as hee should from time to time receive, And ordered the Secrie. to take their obligaon to their maties accordinglie.
In prosecuon of an ord' made the 27th of June Last, past on the petion of the inhabitants of Cheltenham, for a road to philadelphia, Ordering the then petitioners to Desire Rob' Longshore, deputie Sur- veyor genrll, to attend the Councill to informe about the Conveniency of the said road.
This day Tobias Leech and the sd Rob' Longshore appeared. Or- dered That this petitn, & another from the Inhabitants of 24 dublin township, wch was this day read, be considered the 8th instant, & that one person from each of the said Townshipps represent the said griev- ance wtin mentned, and that the Deputie Survey' genrll be then pre- sent, to inform about the Convenience of the Road desired.
[8ª & 9ª of August, 1693.
Att a Councill Held att philadelphia on Tuesday and Wednesday the 8th & 9th of August, 1693.
PRESENT :
WILLIAM MARKHAM, Esq'., Livet. Governo'.
Andrew Robeson,
John Cann,
Esq".
Rob' Turner, Esq". Geo. forman, S
William Salway,
Pat. Robinson, Secry.
His Excell. Benja Fletcher's Lett" to the Lt. Go' & Councill having been read, It was Resolved that a particular ansr should be given to each part yroi & a minute made of the same.
The 1" claus yrof begins thus : " After my Heartie Salutaon, I "doe recommend that you diligentlie intend the keeping of the peace "in y' province & Countrie Comitted to yor charge. I hope you will " alwayes behave yo"selves w' that prudence, moderatn and justice in
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" yo' Severall stations during my absence, that will justifie yo' Char- "acter & my choice.".
The Lt. Go' & Councill did Resolve, That they wold, according to the outtmost of their power, skill & ability, perform their rexive duties yrin, and hope that no Imprudence, Immoderation or Injustice should be found amongst them, or exercised by any of them, towards . the people or one another, soe as to Impeach their Character or Con- demn his Excellencies choice.
To the 24, viz: " If there be any urgent necessitie for my presence "to assert their maties interest, and Confirm the peace & quiet of the "subject, I shall be readie to come amongst you att all times when " their maties other affairs in the frontiers of this province will give " me Leave. I confide much in your care."
The Lt. Go' & Councill are of opinion that att present there is none, for the people doe submitt to their maties government under his Ex- celly & the Lt. Go', and are generallie Quiet under the same; And their care that it may so Continue will not be wanting.
To the 34, viz : "I wold have you send me a Copie of the proceed- " ings of that speciall Court of Oyer and Terminer, with all the " severall evidences that were given upon triall ag' the murderer who " is putt to death."
Ordered That the secrie who was Clark to that triall, draw outt a fair Copie yrof, & of the depositns of the severall evidences, & Transmitt the same to his Excelly.
To the 4th, viz: "I desire your care in Causing the penny in the " pound to be duly collected, and if any of the Representatives of " Assembly be backwards, Let me know their names and Residence."
The Laying of the same, Appointing assessors, Collectors, and the bringing in the names of the Inhabitants, does go on with as much expeditn as may be in all the six Counties, and if anie persons con- cerned shall be found backwards or negligent to assist in making the same, ordered that their names & residence be transmitted to his Excelly, and that all possible care be taken to supplie that defect by all Lawfull means.
To the 5", viz: "It is my earnest desire that you take care to " suppress all faction, heats and animosities, and that by such prudent " methods and wayes as may most Contribute to the compassing the "end."
Resolved, that as it hath been, so it shall be the Lt. Go™ and Coun- cill's care to suppress the same, and the discontents seem rather to decreasce than Increasce.
To the sixt, viz : "I wold have you from time to time to give me " a particular acco' of all publick occurrences in the government, who, " or what, doth obstruct its peace & quiet, and what will most advance " the benefit yrof."
Resolved that his Excellies desire therin be dulie answered.
To the 7", viz: "You know there is no Revenue fixed for support " of y' maties governmen'; How my time & patience was wasted the " Last assembly to no purpose. I doe now desire yo' advice in the
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" calling of an assembly, if it may be Convenient, this fall, & that you " doe use yo' Interests to procure such Repsentatives as may be best " affected to their maties government."
This having been thorowlie debated, It is the Lt. Go' & Councill's opinion, That in regard that it's now the high time of rating the tax Land by the Last assembly, It was not convenient to make anie Con- clusion. But Resolved, that when the rates are Laid and brought in, That this debate be Reassumed; Unless his Excelly will be pleased to give the Lt. Go" & Councill his reasons for having an assembly this fall, which then shall be debated and resolved upon.
Thereafter the whole Councill present Unanimouslie requested that the Lt. Go" wold be pleased to write in his owne & their names a Letter of thanks to his Excell. for his sd Letter & care of ym & the province, & y'in to assure him of their loyaltie to their maties, of their obedience to their governm', of their good affections to his Excelly, and their heartie inclinaons to maintain, promote & advance all their just interests, & of y' care & diligence to discharge the trust reposed in ym, though not after the strict rules & methods required of persons of better education, experience & Learning; yet after the generall rules of Comon Justice, which they earnestlie beseech his Excelly to accept of.
Charles Butler's petion ag' David Lloyd (from the preceeding Councill referred to this) was read, setting forth : That when the sd David Lloyd was Clark of ye provinciall Court Held the 24th 7ber 1691, The petitionr was indicted for uttering & paying away severall peices of false monie, of false mixt mettall, to the Likenes of spanish Coyn, called peices of eight, wch hee sometime before made or Coyned in the Countie aforesaid, Intending craftilie, falslic, deceitfullie & trai- tourouslie, to defraud the king & his people, (wtout anie authority or Licence from the King & Queen to him given .. ) Contrary to the Laws in such case made & provided : And also, setting forth that the sd David Lloyd did add to the pettie Juries vercdict ag' the petitioner, (&c.) which the Jurie apprehending & reproving, demanded up their veredict again, (with consent of the bench,) and went forth again, & agreed on & wrote down their veredict again in the former words, as before they had done, viz: Philadelphia the 26 of ye 7ª mo., 1691. " Wee of the Jurie doc find Charles Butler guiltie of dispersing bad monie." Unto which the sd David Lloyd after that added, (&c.) whereby yor petitioner had sentence of misprision of Treason pro- nounced ag' him, viz : That he shall forfeit his goods and chattells forever, and the profitts of his Land during his Life, and be Impri- soned during his Life. And therfore, Requesting Releife.
The said David Lloyd appearing, made ansr. That hee added no- thing to the verdict, and that the Records wch yrin has the, (&c.) added to their veredict, was made up after sentence past on the peti- tioner, & that the, (&c.) in the record to the veredict, was for forms sake, and yrfore could not be the caus of the sentence.
Upon full debate hereof, the sd Complaint was found to have matter of Law init ag' David Lloyd, not cognizable by the Lt. Go" & Councill;
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yet thought the sentence of misprision of Treason verie severe ag' ye petition', for being only found guilty of dispersing bad money.
The Councill therfore desired his Excellencie, or in his absence the Livet. Governo', on the petitioner's application to grant him a par- don.
Upon the Complaint of Magister Jacobus Fabricius, the sweeds minister, That being blind, he was reduced to that povertie that hee had not wherupon to Live,
Ordered, That the Church-wardens of their Church, have notice to appear att Councill the ffifteenth instant, to make ansr to the said complaint.
In answer to the petion of the inhabitants of Cheltenham-Town- shipp, to the Lt. Go' & Councill, ye 27" June, 1693 ; And of the In- habitants of second Dublin townshipp, the 1st August instant, both requesting the Confirmaton of their roads from the sd respective townshipps to philadelphia,
Resolved, that the Comon road from Cheltenham townshipp to German townshipp, & from Cheltenham Townshipp to philadelphia, and from 2ª dublin townshipp to philadelphia, (commonlie called Walter King's road) be & are hereby confirmed to be the high and Comon roads, provided they have been such for foure years Last past; And that the said Cheltenham road extend up into the Countrey to peter Chamber-Lains; And that the overseers of the Highwayes clear the said roads according to the methods prescribed by Law.
Upon the petion of philip England, setting forth that he hath a Licence for the ferrie att Skuillkill & Ordinarie there, on a place right ag' the High.street on Skuillkill side, from the proprietor, & another 1 from his Excell. Benj" Fletcher, &c., confirming the same, on the con- dions yrin exprest, and that he hath a grant from the Comrs of the proprictor's propertie of a Leass for the sd ferrie for ten years, or un- till the proprietor should otherwise order, with 12 acres of Land on the west side of the sd ferric, and ten acres on the east side yrof, as Land to the sd ferrie belonging, att 71. p annum, to comence from the first of March next. And yrfor, Requesting the Lt. Gor. & Councill to grant to ye pet' the sd Leass, under their hands & seals, on the terms above mentioned, & ansrable to the sd grant from the Comrs to yor per, & yrin to ord' to whom the sd rent should be yearlie paya- ble for thic proprietor's use; yo' per behaving himself as hee ought to doe in the capacitie of a keeper of the ferric in that place.
Resolved, That the Lt. Go' (by reason that there are no Quorum of the proprietor's Comr' that will act in y' capacitie,) grant to the petition' the sd Leass, under his hand & Seal, on the terms above writtin, & ansrable to the Comrs sd grant to the per, dated 24h June. 1693; and that the sd rent be made payable to Rob' Turner, for the proprs use; The per. behaving himself as he ought to doe in the Capa- citie of a ferry-keeper in the said place.
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