USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 40
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John Cann, Esq'., a member of Councill, having Complained to the Lt. Go' & Councill, that John White, Late Clark of Newcastle Coun- tie, had caryed away outt of the sd Countie the Records of patents. deeds & Lands, & the records of the probats of wills, & severall
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papers, bonds and Inventories yrto belonging, which they had wanted for some years past, to the great prejudice of their Countie, Orphans ard others, Requesting releife.
John White Having been se " for, appeared & made ansr that hee delivered all papers and records to his principall, Thomas Lloyd, and that he had none of them.
Resolved, That John Cann & Wm. Salway, Esq"., goe to said Thomas Lloyd and demand of him all Records & papers of all the offices hee formerlie had relating to the Countie of Newcastle, phila- delphia, and all other the Countics of the province.
They on their Returned Reported, That hee ansred That hee wold send to the Lt. Go" the two books relating to Newcastle Countie : But for the books relating to the other Counties, hee wold Discourse the Livet. Governor about them.
Upon the petion of the Inhabitants of Chester Countie to the Lt. Go' & Councill, To adjust the bounds of the sd County from the County of Newcastle, Referred from the Councill, June 27", to this.
After full debate of the said matter, Resolved, That, (for the pre- sent Conveniencie of the government, and not for an absolute and finall proprietarie division, but that the Inhabitants on the borders of both Counties may know to which of the two to pay their Loavies. taxes, &c., and performe their other Countie services,) The bounds of New castle Countie shall extend Northward to the mouth of Naman's creek, and upwards along the South-west side of the northernmost branch, (excluding the Townshipps of Concord & Bethell,) and not to extend backwards of the said northernmost branch, above the sd two townshipps.
The Debate concerning the establishing of the place of the markett of philadelphia (referred from the Councill of Sixt of June Last to this) being Reassumed & now thorowly debated, (for the Conveniencie of all the Inhabitants of philadelphia,) as also the regulaon and fees thorof answerable to the present Circumstances of the Town and Countrie.
[The Markett of Philadelphia.]
The Livet. Go' did put it to the vote, Whether the markett should remain in the place where it now stands, on the west side of delaware front street, within the High street. It was carried in the negative, nemine contradicente.
The Livet. Go" did putt it to the Vote, Whether the markett should be held att markett Hill, in Delaware front street. It was caried in the negative.
The Livet. Go" did putt it to the vote, Whether the markett should be placed where the Second street crosses the High street. It was carried in the affirmative. But in respect that the said place could not be forthwith staked outt, & the bounds & extent of the markett place there ascertained, It was unanimouslie
Resolved, that after the 12" instant, the markett & stalls be for the present removed to markett-hill, & bethere keept untill such time onley.
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and no Longer, as the Lt. Gor. shall cause the place wher the second street crosses the High-street, to be staked outt for the markett place, & till a Bell-house be built & erected, & the bell hung in the sd place, and that notice yrof be given to all persons concerned, by the clark of the markett.
Robert Turner, Esq', treasurer of the sd province, Having requested the Lt. Go' & Councill to establish what sum Jnº Claypoole, Sheriff, shall have for the moneys hee shall pay to him as Treasurer,
Resolved, that hee allow the sd Jnº Claypoole 12ª p pound.
[29 August, 1693.
Att a Councill Held att philadelphia on Tuesday the 29% of Au- gust, 1693.
PRESENT :
WILLIAM MARKHAM, Esq'., Leiv' Governo'.
Andrew Robeson,
William Salway, Esq'.
Robert Turner, 5 Esq".
Pat. Robinson, Secry.
Upon the petion of the Inhabitants in and about the Townshipp of South-hampton, Requesting the King's road already Laid outt from the falls to South-Hampton, to be Laid outt & continued from South- hampton to philadelphia, by the Surveyor generll, with the assistance of the neighborhood, and that the same may be confirmed to be the King's road,
Ordered, That a warr' from the Lt. Go' be directed to the surveyor genrll, to Lay outt the king's road from South-Hampton to Henry Waddie's plantaon, where it may fall into the king's old road, to the great advantage of the Inhabitants : provided it be Laid outt att the p'er's charge, and that a Return vrof be made into the Secrie's office, in order to a finall confirmaon of the same.
Upon the petion of the Inhabitants of the first dublin Townshipp, Requesting a Continuation & Confirmaon to the sd townshipp of a ten year old road to Walter forrest's mill,
Ordered, That warr' from the Lt. Go' be directed to the Surveyor generll, to Lay outt the road desired to be continued & confirmed : provided it be Laid outt att the p'er's charge, & y' a return yrof be made into the secric's office, In order to a finall Confirmation of the same.
Upon the petion of the Inhabitants of Oxford townshipp, desiring the Lt. Go' & Councill not to confirm the High road granted to the Inhabitants of 24 dublin Townshipp, from thence to philadelphia, upon the Sh and 9% instant,
The Lt. Go' & Councill did not think it reasonable to grant their Request, and therfore, Resolved, That for a further Confirmaon of the sd road from ?' dublin townshipp to philadelphia, a warrt from the Lt. Gor. &c., be directed to the surveyor genrll, to Lay outt the sd
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road from 2ª dublin townshipp to philadelphia: provided, it be Laid outt att the p'er's charge; And that a Return yrof be made to the Se- crie's office, in order to a finall confirmaon of ye same. And as to the other road mentned in their petition, through Oxford to franckford, when they Request the Laying of it outt for a publick road, It shall be then further considred.
[19] Septembr, 1693.
Att a Councill Held att philadelphia on 19th day of 7br., 1693.
PRESENT:
WILLIAM MARKHAM, Esq'., Livet. Governo'.
Robert Turner,
Lawrence Cock, Esq".
Wm. Salway, Esq".
pat. Robinson, Secry.
THe Livet. Go" Having produced a Lett' from John Miller, the minis- ter of Newyorke, directed to him, dated 18th August, 1693, which came to his hands the 4th instant, Containing enclosed severall copies of a printed Breife, granted by His Excell. Benjamin Fletcher, &c., by & with the advice of the Councill of Newyorke, to waraner wes- sells, Antie Christians, & others, the friends of Cornelius Christians, peter Wessels, Bartholomew Rowston, John Crage, & Wm. Green, Late of Newyork, mariners, & now Captives in Algiers, (by reason y' their relaons are not able to redeem ym,) To ask & receive the charitie of all Christian people undr his Excellys. governm', for their redemption : As also, severall Lres to se'all places & persons in penn- silvania relating yrto: And yrfore, desiring the Lt. Governor's as- sistance yrin, and y' he wold promote it as much as he can, and to cause distribute the said Briefes and Letters.
And since, by reason of the sicklic time, the Lt. Go' could not have a full Councill, and being Unwilling to deferr the consideraon of the affair anie Longer, did Communicate the same to this board, and after the said Lettr & Briefe wer read, desired the advice and opinion of the Councill yrin, Who, though they declared ymselves willing to exercise their charitie towards such Captives, Yet upon debate, were of opinion, THat they having no command nor advice from his Ex- celly concerning it, and the briefe being granted by his Excelly, by & with the advice of the Councill of Newyork only, and that it had no relation to this province, & did therfore Humblie conceive That they ought not to be distributed.
Ordered, That the secrie write to the assessors of the rexive six Counties, to Transmitt to the Lt. Go' & Councill, by the 3ª of 7br. next, a true Copie of the assessment of the penny in the pound, with the names of each person, and how much they are rated, Signed by the assessors, as the originalls arc.
Ordered, That hee also write to the severall members of Councill that they be present att a full councill, the S1 of October next.
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Upon reading the petion of philip England ag' Wm. powell & Nathaniell Mullinax, It was referred to the Consideraon of the next full Councill, And in the meane time, that they, by an ord' from the Secrie, be sumoned to be then present, to answer to the petitioner's charge ag' them.
[23' Septembr, 1693.
Att a Councill Held att philadelphia the 234 day of September, 1693 PRESENT:
WILLIAM MARKHAM, Esq. Lievtenant Governo'.
Andrew Robeson, Robert Turner, Esq".
William Salway, Esq'.
John Cann,
pat. Robinson, Secry.
Foure of the provinciall Judges, viz: Andrew Robeson, Wm. Sal- way, John Cann, Edward Bleake, Constituted by his Excellie Benja- min Fletcher, the Chief Governor, Commission dated the 29th of May Last, brought their Comission to this board, advising that the same was dated before the Law was past that did appoint there should be five provinciall Judges, and that it was not in such forme as answered the Law, And not having time befor the day appointed by Law for their sitting, Requested the Lievt. Governo' to grant them a Commis- sion which might answer the intent of the Law, which by the advice and Consent of the whole board, was-ordered to be done, and was done accordinglie.
[1" Octob 1693. Att a Councill Held att philadelphia the 1" day of October, 1693. PRESENT:
WILLIAM MARKHAM, Esq' Leivt. Governo".
Andrew Robeson,
Robert Turner, Lacey Cock, ? Esq". John Cann, Š Esq". Wm. Salway,
The Licvt. Governo' produced to the Councill a Letter which hee had received from his Excelly Benjamin Fletcher, the Chief Governo', wherin hec ordered him to summons a Councill, which was then Convened accordinglie. The Letter having been read, was in these words :
SIR, I have appointed the first Wednesday in October next for the meeting of Commissioners from all the neighbouring Colonies and provinces, att New york, to Concerte and agree upon a Quota of men and money for the defence of the fronteers. . You have seen their maties Commands to mee as Govern' of pennsilvania for that purpose. You are therefore to gett the Councill, or a Quorum, together, to Consider of a fitt person for pennsilvania & the Countrie of new Castle. Signed Benj" filetcher, dated att fort William Henry; the 23 7br, 1693.
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Upon which the board having debated, and then Unanimouslie resolved that Wm. Salway, esq". should be the person for this province and Countries, to treat with the Comrs. of the neighboring Colonies appointed to meet att New york. Concerning a Quota of men & monies for the defence of the fronteers, according to her maties Letters to his Excellie the Chief Governo", and the Lievt. Governo' is desired to Commissionate him for that service, & to give him such Credit as is requisit therto, which was accordinglie done.
Ordered, that the sd Wm. Salway have for the defraying of his charge Twentie shillings per diem, and that Rob' Turner, Esq'. trea- surer, pay the same to him, and that hee reimburse himself outt of the next tax to be collected, and that hee pay him downe Seaven pounds; & that the Lievt. Governor give an order for the same.
[Regulation of Markett.
It was this day, by the Lievt. Governor, with the advice of the Councill, agreed, That the Regulaon of the market of philadelphia should be as follows, Viz :
1º That the place for the markett be in the High-street, wher the second street Crosses it and in no other place.
2° That the market be keept there two dayes in the week weeklic, viz : Wednesday and Saturuday.
3". That all sorts of provisions brought to this town for sale, viz: flesh, fish, tame foull, butter, eggs, cheese, herbs, fruits & roots, &c. be sold in the aforesaid market-place ; And in case anic of the aforsd provisions should come to the town of philadelphia on other dayes that are not market dayes, yet that they be sold in the market, under the same Circumstances, regulaons & forfeitures as upon the dayes on which the market is appointed : and in Case anic of the sd provisions be exposed to sale in anie other place in this town than the sd mar- kett, they shall be forfeited, the one half to the poor of philadelphia, the other half to the Clark of the markett.
4º. That the market begin and be opened att the ringing of the bell, which shall be rung from the first day of the 2ª mo" aprill, to the first day of Tber., between the hours of six & seven, and from the first day of 7ber. to the first day of Aprill, between the hours of eight & nine, and in case anie of the aforsd provisions, or anie sort of mar- ketting be sold (flesh excepted) befor the ringing of the bell, unles it be for his Excellie the Governor in Chief, or Leiv' Governo", the same shall be forfeited, one half to the poor, the other half to the Clark of the markett.
5°. That no person cheapen or buy anie of the afore mentioned provisions by the way as it comes to the market, upon forfeiture of' the same, besides the forfeiture of six shillings, both to the buyer & seller, one half to the poor, the other half to the Clark of the markett.
6°. That no Hucksters (or persons that sell again) shall buy or cheapen anie of the forementioned provisions untill it hath been two hours in the markett after the ringing of the bell, upon forfeiture of the same & six shillings, one half to the poore, and the other half to the clark of the markett.
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7º. That the Clark of the markett shall and may receive for ail Cattle killed for the market, six pence p head ; For everie sheepe, Calf or Lamb, Two pence per head ; for everie hogg or shoat brought to the markett, or cutt outt for sale there, three pence; and that no- thing shall be paid for what the countrie people bring to town readie killed.
8º. That the Clark of the markett shall & may receive for scaling of' weights & measures one pennie for each, great & small.
Lastlie. That all persons Concerned shall duelic pay to the Clark of the markett the severall Rates, ffees & forfeitures aforesd, & that hee shall from time to time deliver to the overseers of the poore their parts therof; and that all Justices of the peace, sheriff's, Constables, and other officers, be aiding and assisting to him in the execution of his office. Given att philadelphia, the first day of October, 1693.
[24 Octobry 1693. Att a Councill Held att philadelphia the 24" day of October, 1693. 1
PRESENT :
WM. MARKHAM, Esq'., Leivt. Governo'.
Andrew Robeson, 2 Esq". Wm. Salway,
Robert Turner,
- Lacey Cock,
Esq"3.
Wm. Salway, erq'., who was appointed Com'. for the province, &c. to meet the Comrs. of the neighboring Colonies att Newyork, to Con- cert and agree upon a Quota of men & monic, &c., gave in to this board an acco' of his proceedings, which was read and unanimouslie approved of, viz:
NEW YORK, Wednesday the 4" of 8br., 1693.
Pursuant to her matie's Commands, att the request and appoint- ment of his excellie Benj fletcher, Governo' & Capt. generall of New vorke, &c., to the rexive Governors of Virginia, Maryland, pennsilva- nia, New england, Connecticut & Roadisland, desiring them rexivlie to Commissionate and depute persons to meet here the first Wednes- day of this instant October, to Concerte and agree together upon a Quota of men, or other assistance, to be given by cach Colonic or province for the defence of New york, as occasion may require the same, Appeared Miles Cary, genti., deputed from the government of Virginia ; Wm. Salway, esq'., deputed from pennsilvania; and Wm. pitkin, Esq'., deputed from Connecticut; & appointed to meet to-mor- row morning.
THURSDAY, October the 5, 1693.
The above named Comrs. being mett, James graham, esq'., appear- od, deputed from his excellis the Governo' of Newyork, requiring
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him to Lay before us the true and perfect state of this province, to- gether with the great charge they have been Latelie att in securing the fronteers att Albany, from the attempts of the French. And also, to Lay down an estimate of the annuall charge that the sd fronteers may require for securing the same for the future : Wherupon they adjourn- ed till friday att nine a Clock.
FRIDAY, October 6', 1693.
The Com" being mett, Having before them the charge this province has been Latelie att in defending Albanie, its fronteers, & the estimate of the annuall charge for securing the same for the future, fell upon the Consideraon of pursuing her most gratious Matie's Comands in agreeing upon a Quota of men, or other assistance to be given by the rexive governments of Virginia, Maryland, pennsilvania, Connecti- cut, New england, & Road island, And their being a failure, no persons appearing from the governments of Maryland, New england, & Road- island, are of opinion that the sd Quota of men, or other assistance to be given, as aforesaid, Cannot be agreed on for want of persons deputed from the said governments, and doe accordinglie humblie re- present the same to his Excellie the Governor, with the assurance of the readines of their rexive governments to pursue her sacred Matie's Commands in giving such aid & assistance, in men or otherwise, for the securitic of this province from the attempts of the French or In- dians, as the Condion of the rexive plantaon shall permitt.
MILES CARY, WILLIAM PITKIN, WM. SALWAY.
Ordered, That the sd Wm. Salway be paid the remaind' of his tra- velling charges allowed him by order of this board the first instant, viz: Twenty shillings per diem, Hee having been outt ten dayes ; and for his Loss of time and service, six pounds ; and that it be paid outt of their matie's moity of the pennic pe pound tax.
Charles pickering, in behalf of the widdow Wynne, having pre- ferred a petion to the Leivt. Governor and Councill, setting forth that her Husband, Thomas Wynne, Late of Sussex Countie, deceased, had been Sumoned to the Court of New Castle, to ans' the Complaint of Adam Short and others, But falling sick, dyed 3 or 4 hours befor Judgin' past ag' him att the said Court, and that the originall proces ag' her husband was by a wrong name, and therfore requested that the execuon be stopt, and that the petionr have a fair tryall.
After debate upon this matter, and production of the Copie of the records of the Court of New castle, und the Clark's hand, wherin the petitioner's husband was written Thomas Guin, (but his true sir- name was Wynne,) Resolved, that the whole trvall be referred to the next provinciall Court to be held for Sussex Countie, & that in the meantime execuon be suspended.
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[9“ Decemb", 1693.
Att a Councill Held att philadelphia the 9th of December, 1693.
PRESENT :
WILLIAM MARKHAM, Esq'., Leivt. Geverno".
Andrew Robeson, ? Esq". Robert Turner, 5 Pat. Robinson, Secrie.
John Chaffin, M' of the Barque pearl, now ryding att anchor be- fore philapelphia, having preferred a petion to the Leiv' Governo" & Councill, setting forth that ther is a sute depending between Jasper yeates, pltf. & the petition', in the Court of Comon pleas, & that he had waited on the sd Court, for 3 dayes, but could not come to tryall, and that hec is informed by the Justices that by reason of the Limi- taon of their Comission, they cannot anie longer hold the sd Court, and the petition' being on a dispatch of his vessell before the frost shut up the river, Therfore Requested the Leivt. Governo & Councill to take the emergericie of this Case into consideration, & to appoint such speedie remedy as the occasion requires; And the Justices having sitt 3 dayes upon actions comenced befor this, & they thinking it unsafe to act contrarie to his Excellie's Comission, which Limitts their sitting to 3 dayes & no longer ; And the Leivt. Governo" having read to the Councill the 34 article of his instructions from his Excellie, which prohibited him to act with a Quorum less than 5 mem- bers, except in Case of necessitie, the Leivt. Governo' and Councill Concluded this to be such; And upon examinaon of the Justices' Co- mission, which was dated the first day of May Last, It was found to . Limit them to sitt 3 dayes & no longer, And it being compared with - the Law published the 3ª of June, 1693, which ordered the Countie Courts to be held and keept Quarterlie, and oftener if occasion be,
It was Resolved, That the Lievt. Governo' should make such an Indorsement upon the back of his Excellies Comission to the Justices, that it might therby answer the end of the Law, which was done in these words :
pennsilvania, ye 9th of December, 1693. War. MARKIIAM, Esq'. Leivt. Governo' of the province of pennsilvania, &c., by authoritie derived to me from his Excellie, with the advice of the Councill, doe (notwithstanding the Limitaon of the within Comission to 3 dayes and no Longer) hereby authorize you, the Justices within named, to keep yo' Courts quarterlie, and oftener if occasion be, according to the Late Law.
WM. MARKHAM, Seal.
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[19h December, 1693.
Att a Councill Held att philadelphia the 19th of December, 1693. PRESENT : WM. MARKHAM, Esq'. Lievt. Governo".
Andrew Robeson, ? Robert Turner, Esq".
Lacey Cock, Esq.
Pat. Robinson, Secry.
Wm. Salway,
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His Excellies Lett" directed to the Lievt. Governo' & Councill, dated ," decemb" instant, was deliberatlie read; After which the Leivt. Governo" said, that it was absolutlie necessarie that the governm' should be Supported, & that the method proposed by his Excelly in the said Letter, was the most casie way to accomplish it ; And therfore, earnestlie Requested the members of Councill, according to the rexive inffluence that each of them had on the people of the severall ranks and condions in the severall Counties, that they wold use their out- most endeavours before & att the elections, to persuade and advise the people to choose such representatives as may answer ther majesties & his Excellies Just expectations; for said hee, Wee have all some influence, some more some Less; And you that can give reasons to the people, & can resolve their doubts, It is your dutie to do it; and you must all use the best methods & your outmost interest for that end: for my part I shall not be wanting, as I am able. The Councill ansred that they wold doe their endeavour.
As to the Collusion in the assessment in his Excellies Letter men- tioned, and his Excellies desire to have it rectified, & to know the tate and amount of that affair, It was ansred by the Leivt. Governo", l'hat hee and the Councill having formerlie heard of the assessors of Chester Countie, Their underrating the people, did write to them, and therafter they somewhat rectified it; And the Secrie told ym that by ord' of the Lievt. Governo" and Councill, dated the 19"h 7br, 1693, hee wrote to the representatives & assessors of all the six Counties, to send in their rates to the Lievt. Governo', but had received none but from kent, philadelphia & Bucks; and Robert Turner, esq'. said that hee had wrote to Bucks and Chester about the same.
Ordered, That the state and amount of the rate of cach Countie be sent to his Excellencie, and the Lievt. Governo' said that he wold write to ym that had not sent in their rates, That they should send them in Speedilie, att their outmost perrill: Which Letters were that day writt by the Secrie, signed by the Lievt. Governo", and sent by the Secrie to each of the deficient Counties.
Upon the petion of the Inhabitants of Radnor, requesting a road to be Laid outt from the upper part of the sd. townshipp of Radnor unto marion ford; And of Andrew Robeson & Lawrence Cock, Esq™3., Re- questing a confirmaon of the road that now is from marionford to philadelphia, and that it come into the third strect in the sd towne,
Ordered, That a warrant from the Leiv: Governor be directed to the Surveyor generall, to Lay outt' the roads desired, and that the same may be Confirmed accordinglie, and that a return therof be made into the Secrie's office, in order to a finall Confirmaon of the same.
[Information ag' Ann Le Tort.
Thomas Jenner and polycarpus Rose exhibited to the Leivt. Go- vernor & Councill the informaon following, viz: The informaon of Thomas Jenner & polycarpus Rose, concerning some passages & dis- Courses that hath been betwixt the french people here & some of the pensilvania Indians :
1º. The Informant, polycarpus Rose, saith, That about 5 weeks
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since, this informant having some discourse with a certain Indian king called Hicquoqueen, The said Indian resented the unkindness of the English to the Indians here ; and further said, that they were not Like to hold the Land much longer ; for that they were not satisfied for it; and that the french told him that it wold not be long ere they wold buy their Land of them again, for the English had but borrow- ed it, and that they could not be so kind to them becaus of the Eng- lish ; and this was particularlie told him by peter Bassillion and madam Le Tort.
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