USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 41
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2'. The informants, Thomas Jenner and polycarpus Rose, say that about a month since they were in Compa. with Benja Clift, att Zecha- riah Whitpain's plantaon, wher the said Clift said, that one Thomas Graves & hee being together, The Indians up Delaware told him that the French wold come in the spring of the year and burn the Eng- lish, and take the Countrie for ymselves.
3'. peter Yokum also told ym, that since the Letters that the In- dian woman discovered about a year agoe, ther hath been strange In- dians come to Letort's plantaon, & sent away again, and gave no acco to the Indian king from whence they came or whether they went ; peter Yokum saith that severall Indians told him so, viz: Shak- huppo, Kyentarrah's wife, Olemeon's wife.
4°. They further say, That upon the 9th of Decemb', 1693, They ryding by the house of madam Le Tort, polycarpus asked her hou shee did. Shee ansred, where have you been. Hee said, att peter Yo- kum's. Shee said, ther was no path for sweads or English rogues there, for no English Rogue nor swead should come on her ground ; and run in a furie with a horse whipp & whippt polycarpus, and call- ed for Lewis to help her, a french Canada prisoner taken by o' In- dians, and these informants and mounce Yokum wer forced to ryde away, for fear they should have been shott, but saw no gunn.
5'. polycarpus Rose saith, That about a year since ther was a packett of Letters sent from philadelphia from peter Basilion, Capt. Dubrois & madam Letort, to the strange Indians called Shallnarconers. Sealed up in a blue Linnen cloath, & was Left att James Standfield's plantaon by Richard Basilion's Servant, who then run away, and the Letters being there S dayes, James, the Frenchman, Came & carved ym away, who then belonged to the persons abovesaid.
Signed, THOMAS JENNER, POLYCARPUS, P. C. ROSE, his mark.
Dated the 12" decemb", 1692.
polycarpus Rose having sworn to the first article; Thomas Jenner having attested, & polycarpus Kose sworn to the 2ª article ; polycar- pus Rose & peter Yokum having sworn, & Thomas Jenner having at- tested to the 34 article; polycarpus Rose having sworn, & Thomas Jenner having attested to the 4" article ; And polycarpus Roze having sworn to the Last article of the sd Informaon,
Itt was ordered, that the sd Ann Le Tort appear att this board the 29ª instant, & that Cap' Dubrois and peter Bisalion, when they return from the Lower Counties, be sent for by a warr' to appear as above,
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to ansr to the said Complaint; And y' the Indian king, Hicquoqueen, be sent for, Shakhuppo, kyantaro's wife, Olemeon's wife, mounce Yokum, & Lewis, the French Canada prison", also Benj" Clift & Tho- mas graves ; and y' Capt. Cock take care to give ym notice hereof.
[29th Decembr, 169S.
The Leivt. Governo' & Lacy Cock onlie present, Ann Le Tort ap- peared, in obedience to the ord' of Councill, & was readie to ansr to ye sd informaon, but none of the informers nor wittnesses appearing, shee humblie desired that shee might not be again sent for till the ex- tremetie of the weather was over, shee having no person att home, remote in the woods, to be att her house in her absence. J
PROVINCE OF PENNSILVANIA, AND COUNTREY OF NEW-CASTLE.
Minutes of Councill in the Assembly, Anno R. Ret. Ræ Willielmi et Marie Angliæ, &c., Quinto.
[15h May, 1693.
Att a Councill Held at philadelphia On a Moonday the 15" of May, 1693.
PRESENT:
His. Excell. BENJAMIN FLETCHER, &c.
WILLIAM MARKHAM, Esq'., Livet. Governo".
Andrew Robeson,
Lawrence Cock, 1
Robert Turner, Esq". Wm. Salway, Esa".
Pat. Robinson,
Wm. Clark,
The persons Returned for Representatives being in number Twen- ty, viz: foure for the County of philadelphia, three for the County of Bucks, three for the County of Chester, foure for the Countie of New castle, three for the County of kent, & three for the Countie of Sus- sex, came to wait upon his Excell. in Councill, and wer admitted.
Six of them took the oaths appointed by act of parliament to be taken instead of the oaths of allegiance & Supremacie, & subscribed the test ; the other fourteen did Subscribe the declaraon of fidelitic, pro- fession of the Christian faith, and 'Test.
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After which His Excell. did speak to them as followeth, viz:
Gentlemen : Before you goe to the Choice of your Speaker, I think it Convenient to Let you see by what authoritie you are Convened : my reason is, becaus I observed some commissionated by your pro- prietor did withdraw themselves att the publishing of their Maties' Comission ; others have refused to act under that power, and manie of you wer absent att that time.
Then the Clark, by his Excell. order, did read the Commissions, Upon which his Excell. Continued to say:
Gentlemen: You see by the Clauses of these two patents relating to Assemblies, that you are all obliged, befor you can be qualified to sitt, to take these oaths prescribed by Law. Yet I have some Latitude in my Instructions, which enables me to admitt such to act in the go- vernment as for Conscience sake refuse an oath, and are yet willing to make their protestation and subscribe the Test, &c.
It has ever been my endeavour & desire to act soe as that all peo- ple under my care might be in Love with their maties' governm' & Laws, and am therfor willing to allow such to sitt in this house of re- presentatives, as are chosen by the freeholders of the rexive Counties. who not being free to take an oath, are willing to perform the other obligations : provided this be entred in the Journalls of your house as an act of grace from their majesties, and not taken as a president.
Gentlemen: I must add, If there be anie amongst you who doe not take an oath, whom you cannot own as members of yo' Comunion, but may, under that pretence, shelter themselves from what the Law - requires, pray Let me know them, otherwise you will bring a blemish upon yo'selves by Countenancing Hypocrites. And in this matter I expect you will be plain, and answer for such men, if anie there be, who for private ends put on a false dress.
And I desire you to provide a Clark to keep the Journal's of your votes and other proceedings ; That you cause him particularlie to en- ter in his book, That your being admitted to sitt upon Subscriptions without an oath, is an act of grace, and not to be insisted on as a right. and for the future taken in president.
Your Clarke must also take care to give me a Copie of cverie daye's votes and Minutes the night following
Then bid them withdraw to some Convenient place & choose their Speaker, whom he wold be readie to see morrow morning.
Adjourned till Nine a Clock morrow morning.
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[16ª May, 1693.
Att a Councill Held att philadelphia on Tuesday the 16th of May, 1693.
PRESENT :
His Excell. BENJAMIN FLETCHER, &c.
Wy. MARKHAM, Esq', Livet. Governo".
Andrew Robeson, ?
Robert Turner,
Lawrence Cock,
Pat. Robinson,
Esq". John Cann,
SEsq".
Wm. Salway,
Wm. Clarke, --
The Governo' & Councill being mett, Joseph Growdon, accompa- nied by the whole number of Representatives for the province of penn- silvania, &c. presented himself to his Excell., Acquainting his Excell. that the Representatives here present had made Choice of him for their Speaker; That it was a great Charge & trust, & more then he Could Conceive himself capable of; Therfor moved that his Exceil. wold Command the representatives to return to their house & choose some fitter person.
His Excell. made ans': Sir, The Latter part of yo' speech proceeds from yo' modestie. You are their Speaker, and gentl. I doe approve of yo' Choice. I have had a good character of you, Sir, and if I had been to Choose a Speaker from amongst ye representatives re- turned for this occasion, I had pitched upon you as best qualified.
Then his Excell. addressing to the speaker & Representatives, Said: I have sundrie things to offerr to yo' Consideraon, But shall only insist upon two att present.
1º. You know that governm', if it be not supported, becomes pre- carious, void, & ends in nothing.
2º. Gentl., Here is a Lett' directed to me as Go' of this province, from her Matie, grof you shall have a Copie. The province of New york has been a long time burdened with a troublesome warr, (if it may be called a warr, for Indeed the French and Indians in Canada are a pittiefull enemic, if they could be brought to fight fairlie, but the wood, swamps and bushes gives them the opportunity of vexing us.) You will see by this Letter their maties' Comands, and what is cx- pected from you towards the assistance of that province.
Gentl., If ther be anie amongst you that Scruple the giving of mo- ney to support warr, ther arc a great manie other charges in that go- verm', for the support yrof, as officers Sallaries & other Charges, that amount to a Considerable sum: Your money shall be converted to these uses, & shall not be dipt in blood. The monie raised there for the support of the goverm' shall be imployed for the defence of the frontcers which doc give you protection.
I wold have you Consider the walls about yo' gardens & orchards; yo' doors & Locks of yo' houses; Mastiff doggs & such other things as you make use of to defend yo' goods & propertie ag' thecvcs & robbers are the same Courses that their maties take for their forts,
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garrisons & Souldiers, &c. to secure their kingdoms & provinces, & you as well as the rest of their subjects. I speake the more to this matter becaus I have their maties' Command, which Lyes now here before you.
And gentl., If you will propose anie thing for yo'selves, whether the Confirmation of former Laws or other new Laws, for the advan- tage and benefit of the people whom you represent, provided they doo not derogate from, or doe not appear in opposition to the Laws of England, you shall find my readie Concurrence.
I hope you will Consider to satisfie their Maties' just demands and expectations. Time is of great value to me. 'Their maties' affairs, call me to the fronteers ; therfore desire you speedie dispatch of what is before you. You may return into your house and Consider therof.
M' Speaker said: I have something to offer to thee, Governo', on behalf of the representatives.
His Excell. asked : how could that be, befor you are a house, You . being just now presented to me for Speaker; How could you have anie time for debates, unless you had had some private Consults before you wer a House.
M' Speaker ansred, That what hee had to offer was an omission of what hee proposed to say formerlie, and introductory to their bussi- nes, in ordr to their dispatch.
His Excell. bid him say on.
Then M' Speaker desired that they might have free access to his Excell. person, a favourable construction putt upon their words, & be free from arrests, with the other priviledges of an Assembly.
His Excell. made ans': You have all the priviledges of a house, But I must again mind you to provide a Clark to keep a Journall of yo' votes and proceedings, & I doe expect Hee shall everie night, during your sessions, Let me have a Copie of the votes of yo" house the preceding day. I wish you to Consider their maties' service, your owne safetie, & the prosperitie of the province; which on my part shall be allways vigorously endeavoured.
M' Speaker Replyed, They had provided a Clark. Then returned his Excell. thanks, and withdrew with the Representatives to their House.
His Excell. sent to Inquire of the Speaker, if hee believed their house wold have any thing to offer to his Excell. and Councill this forenoon.
The Speaker sent in ans', that hee did not know, & desired by the same messenger to have a Copie of his Excell. Comission, so farr as concerneth the power of assemblies; Which his Excell. Caused to be copied outt of the Originall by the Secrie, and sent unto them.
The messenger returning, told his Excell. that the Speaker told him hee believed they wold want a Copie of the whole, and that some of the representatives desired to see the originall.
His Excell. sent the same person to tell ym that they should have a Copie of the whole to-morrow morning; And if M' Speaker wanted
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to peruse the originall in the meantime, It will be granted: provided, the person his Excell. sends it by be admitted to be present att his reading yrof, and bring the same back to his Excell.
Ordered, y' Patrick Robinson, Esq'., doc forthwith prepare a Copie of their maties' letters patents to his Excell. Benja fletcher, for the pe- rusall of the Assembly.
Adjourned till morrow morning.
[17º May, 1693.
Att an Assembly held att philadelphia On Wednesday the 17ª of May, 1693.
PRESENT :
His Excell. BENJAMIN FLETCHER, &c.
WH. MARKHAM, Esq'., Livet. Go'.
. Andrew Robeson,
Rob' Turner, Esq". William Clarke,
Lawrence Cock,
George Forman,
Esq".
His Excell. did acquaint the board, that ther wer two gentl. of the Councill of Newyork in town, To witt: Chidley Brooke, Esq'., and Wm. Nicholls, Esq' .: That the Council! of New york, by their Ma- ties' Letters patents for the governmt. of this province & Countrey, have an interest in the goverm' of this province and Countrie, upon his death or absence, & of the Comand in Cheif Commissionated for Newyork; Therfor his Excell. is desirous that they be present in Councill here, which was approved.
And his Excell. did send for them accordingly.
The Assembly sent some of their house to know if his Excell. wer at Leisure to receive them, Having something to offerr .. His Excell. told ym that he waited for ye Assembly.
The doorkeeper did acquaint his Excell. that M' Speaker and the representatives did desire access, which was granted. M' Speaker addressed himself to his Excell., & said:
May it please the Go', The house having something to offerr to the Go', for the help of my memorie, have putt it in writting: may it please the Governo' to Let me read it. Which was granted. Then the Speaker read:
To BENJ" FLETCHER, Esq'., Capt. Genera !! and Governo' in Cheife in and over the province of pennsilvania & Countrey of New- castle, &c.
The humble address of the freemen of the said province and Countrey of New Castle, &c. in Assembly mett, sheweth:
That since it Hath pleased the king & queen that the absence of the proprietarie's personall attendance in this govermt. should be sup- plied by thee, or by thy Livet., Wee, the Representatives of the free- men of this province and territories, with due respect to the power of
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thy Comission, and heartie acknowledgement of thy good will, care & tenderness to us, doe readily acquiesce with the king's pleasure therin, Earnestlie beseeching that our procedure in Legislation may be according to the usuall method and Laws of this government, founded upon the Late king's Letters patents, Which we humblic Conceive to be yet in force; And therfore, wee desire the same may confirmed unto us as our rights and Liberties. And wee, with all faithfulness and sinceritie, doe give what assurance wee are capable of, in the present Circumstances wee are under, to answer the Queen's Lett and thy request, according to our ability.
His Excell. made answer, That this address Hath been drawn up with much deliberation, and by the most Learned in their Countrey, and it cannot be expected that I can give you an Imediate ans". I shall give you my ans' in writting, But att present I must tell you, Genft., You are verie much mistaken in alledging yo' Laws to be in force, and at the same time, in yo' present station, to desire a Con- firmaon of ym. If in force, what need's my Confirmaon? Consider by what power you are convened here: You are either a Law'll As- sembly & Legally calld, or an Unlaw'll meeting att the best, & we are doing nothing. If the Laws made by virtue of M' penn's char- ter be of force to you, and can be brought in Competition with the great Seal of England that comanded me hither, I have no bussines here. There is therfor nothing Left for you but to own the king's authoritie, or disown it. There cannot be two establishments of go- vernment, in opposition to one another. I wold have you satisfied in that point. I have an abstract of yo' Laws by me, & manie of ym are repugnant to the Laws of England. By yo' Constitution former- lie, the people wer to Choose the provinciall Councill: The king hath allwayes the power of Choosing his owne privie Councill, which is reasonable, for he is the best judge who are Capable to serve him. By your former Constitution the people wer to Choose representatives, who wer to have a negative voice in passing of laws, which is all- wayes Lodged in the king, and for the present time granted unto me by their maties' Lres. patents. By your former Constitution the people did present to the Go' a double number of Sheriffs, Justices of the peace, &: I have the power of Commissionating & appointing officers, & manie other things in yo' former constituons and Laws, repugnant to the Laws of England, too tedious to enumerate ; which are altogether Contradicted by their maties' Letters patents. I doe understand that it is the opinion of the Learned in the Law, That the Revenue of the Crown; The making of Laws; The power of Life & death; arming of the subject, & waging of warr; which wer granted to M' penn, are the Reglia of the Crown & cannot be demised; as in case of an en- tailment, they are entailed upon the successor : you have heard of an entailed estate: the father is only tenant for life, & cannot demise it from the son; if he grant it for Longer than Life, it is void, & the son shall recover his estate. If there be anie Lawyers among you, they can informe you king Charles' grant of these things might be good to you during his life, becaus he might maintain his own act; But since his death they are become utterlie void. I wold have you advised of
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this point. These Laws and that model of goverm' is dissolved & att an end: you must not halt between two opinions. The king's power and M' penn's must not come in the scales together.
But gentl., As I said before, when you did present yo' Speaker, If vou doe propose anie Laws for yo" owne Conveniencie and safetie, I shall readily Concurr with them, If they be not repugnant to the Laws of England.
Mr. Speaker Replved. That he was a servant to the representa- tives, & and had not yet received their minds ; but this one thing he durst venture to say for ym, That they had a good affection for the king & Queen, & wer sensible of the great duty that Lay upon ym, & as they wold not be wanting yrin, soe they wer willing to know that their former charter is in a Lawfull way att an end : king Charles the 2ª granted the power by which the Charter was founded, which grant being und the great seal, perhapps they may think that in Justice it ought to be maintained, being the king's grant.
His Excell. in answer said. I hope your affections to their matics are good. My Custome is to speak the thoughts of my breast, & wold believe so of everie man untill I find the contrary. I wold have you have a tender regard to yo dutie. The Question is short, either you must stand by their maties Comission for the goverm', or Mr. penn's Charter ; for you see they are in opposition to one another. Consider what I have alreadie said, and be resolved in this point. As for the propertie and the estate of the proprietor, you shall find me allwaves readie to advance his interest during my administraon. Gentl., I never sought to come here. I have enough to doe in the nighbouring province, wher I have a frontcer garrison & an enemy to Look after. I am come by their maties comands, and their government I will maintain, pursuant to their Letters patents. Ther- fore, pray Consider and dispatch an ansr. I am in haist to be gone upon their Majesties affairs.
Whereupon they withdrew. Two of the Representatives did signi- fie to his Excell. that their house wold have nothing to offerr this forenoon ; That they wer desired by their house to ask a Copie of the Governor's Comission & his answer to their address, in writting.
The answer given in writting, by advice of the Councill, is as fol- loweth : philadelphia, the 17h of May, 1693. Gentl., I have. with the Councill, considred yo' address, and am sorry to find yor desires grounded upon so great mistakes. The absence of the proprietor is the Least cause mentned in their Maties Lres. patents for their Maties asserting their undoubted right of governing of their subjects in this province ; there are reasons of greater moment, as the neglects and miscarriages in the late administration : The want of Necessario de. fence ag the enemy & danger of being Lost from the Crown.
The Constituon of their Maties goverm' & that of M' penn's are in a direct opposition the one to the other. . If you be tenacious in stick- ing for this, it's a plain demonstration (use what words you please) shat indeed you declaine the other. I shall readily concurr with you
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in doing anie thing may conduce to yo' safetie, prosperitie and satis- faction : provided yo' requests are Consistent with the Laws of Eng- Cand, their Maties Lres patents, and the trust and Confidence their Majesties Have reposed in mne. Time is verie precious to me. I hope you will desist from all unnecessarie debates, and fall in earnest upon those matters I have alreadie mentioned, & still have to recom- mend to you, and for which you are principallie Convened together. Signed by his Excell. Order.
DAVID JAMISON, Ck. Concily.
His Excell. did deliver this ans' in writting, with the Copie of his Comission, to M' Jamison, and ordered him to deliver it to the speaker, and to tell the Speaker from his Excell., that hee had sent them an at- tested Copie of his Comission for their satisfaction: That his Excell. had made many steps of Condescention to them which he had not done in another goverm', & was not presidentiall, that they might have no hindrance nor obstruction in their maties' service. The Ques- tion is short, whether they wold owne their Maties' Lres patents, or M' penn's Charter. That his Comission was recorded with the Se- cretarie, where they may have recourse to it, and that bee expected they wold return that Copie when they had perused it. Which was accordingly performed by M' Jamison, and the Councill adjourned till foure a Clock afternoon.
POST MERID.
Att a Councill Held att philadelphia the 17th of May, 1693, 4 a 1 Clock afternoon.
PRESENT :
His Excell. BENJAMIN FLETCHER, &c.
WM. MARKHAM, Esq'. Livet. Go'.
Andrew Robeson, ?
John Cann,
Rob' Turner,
Lawrence Cock,
Esq".
Wm. Clarke,
ŞEsq".
Wm. Salway,
Geo. Forman,
His Excell. ordered M' Jamison to wait upon the house of repre- sentatives & Signifie the Gor. and Councill wer mett, and no other thing befor them than to receive what they had to offerr, & desires to know if anic thing might be expected from ym this evening; Which was done.
M' Speaker's ansr. was, that they had agreed upon something, to his Excell. shortlie to be offered.
An Houre after his Excell. ordered M' Jamison to goe again to the house of representatives, & to tell Me Speaker that his Excell. had tarryed a Long while, & desires to know if hee might expect anie thing from them this evening; Which was done.
M' Speaker's answer was: something hath happened of difficultie befor them, which occasioned some debate & hath taken up some time,
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but now is over ; wee are come to a conclusion : If the Governor will tarry one half houre, He beleived they wold be readie to wait upon the Governo' : perhapps within a Quarter of an houre.
The doorkeeper did inform his Excell. y' M' Speaker and the re- presentatives did desire access; which was granted. M' Speaker said:
May it please the Governor, there happened some difficultie which occasioned some debate amongst us; Wee are now come to a Conclu- sion : Wee ask that the Go' will excuse us for making soe Long stay. Wee hope that this matter being over, wee shall proceed to give sa- tisfaction to the king & Queen's demands & thy desire. Wee have agreed to two votes, which are in writting, for the help of my memo- rie. I cannot much Commend our Clarke ; please, Go', to excuse that it is not writt fair over.
His Excell. M' Speaker, if you Leave it with me, I will cause writt it fair over.
M' Speaker. May it please the Governor to Let me first read.
His Excell. You may.
M' Speaker read : philad. yª 17th of ye Sª Mo., 1693. It was putt to the Question, whether it be the opinion of this house, that wee may saflie act in Legislaon in Conjunction with the present Go', according to the king's Letters patents. Caried in the affirmative, Nemine Con- tradicente.
It was also putt to the Question, Whether the following Clause be added to the Last vote, viz : provided, that the aforesaid Resolve may not be Construed, deemed or taken to our prejudice, but that wee may have the benefit of being governed by the Laws & constituons of this goverm', so farr as is consistent to the tenor of the king's Lres patents to our present Go' Fletcher, and that our proceedings therin is in Conformitie to the king's pleasure, and not the Least apprehension of anie forfeiture of our rights.
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