USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 42
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Resolved in the affirmative, Nemine Contradicente.
His Excell. M' Speaker & you gentl., To yo' first vote you have been a Long time in answering a plain Question, but have come to a Conclusion att Last. I am glad that you have agreed to submitt to their maties goverm' with a nemine Contradicente.
To the second part I must take some time to consider before I can give you an ans" ; please Sir, to Leave the paper with me. Gentl. you shall find me allwayes stedfast to what I promise you; That is, when you have Considered to draw up what Laws may be for your Conve- niencie and safetic, provided they be not repugnant to the Laws of England and their maties Lres. patents, I shall be readie to give them that sanction which their Maties have Impowred me to give. But in yo' former Law book I find sundrie Laws that are altogether repug- nant to the Laws of England, and seem to supersede them, viz: the 9ª Law, Sodomy & Bestiality ; 10"> Rape; 16% burning of houses ; 96' stealing of hoggs & other Cattell ; 109ª estates of persons deceased; 117th manslaughter; 116 marriages; 171 M penn's person. I am informed there is a person amongst you brought up in the Law in England, who can inform you. Therfore, you must not expcet that I will pass those Laws into acts.
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M' Speaker. May it please the Governo" to give us a list of these *Laws the Governor is pleased to think repugnant to the Law of Eng- land.
His Excell : you may have it. Gentl. Besids what I have alreadic offered unto you, There is an Act ag' pyrats and privateers, with Limitaon of time for their coming into the province, & entring into bonds for their future good behaveour, which was drawn in England & sent with me to be enacted in Newyork: pirates and privateers may become good men att Last, and the design of that Law is to draw them from their evil courses, that they may become good subjects & inhabit amongst us, to help our governm': It is enacted in Newyork : there needs no other alteraon than the alteraon of time for their coming in, & the name of the province; you may Lengthen the time as you find most for yo' good. I hope it will meet with no opposition.
There is also another thing which I recommend to you, which no person I believe will object agt, & that is the settling of a post office, which is intended to continue by Land from Virginia to Boston in New- england ; It will be a great Conveniencie to all trading men, & a sa- tisfaction to everie one. It was recommended to me by the Queen's Letter to be promoted in Newyork, and is setled there, and in New England, by act of Assembly. Here is a Copie of the Queen's Letter & manner of its settlement, for yo" perusall.
Mª Speaker. May it please the Gor. to Let us have the perusall of those things that relate to our priviledges & Liberties, that we may have them under our consideration along with these things.
His Excell : you shall have ym, & I will readilie concurr to anie -
thing that may not be repugnant to the Laws of England & the trust comitted to me by their maties Lres. patents.
M' Speaker. May it please the Governo', Wee hope ther will be a good agreement, and we will endeavour to give satisfaction to the king and queen's demands, and the Governor's desire. Wee are readie to show our good affection.
His Excell. I am glad to hear that you are soe well inclined, and that you have gott over that rubb that was in the way; you shall all- wayes find me according to my word, and I wold have everie man soe. Therefore, putt away all jealousies, that wee may go on cheer- fullie and Unanimouslie in those affairs for which you are Cheifiie Concerned, without loss of time.
John White. May it please the Go" to give me leave to speak one word: There is one thing more which may have escaped the Speaker's memorie, and that is, To ask thee to grant that when there doth arise anie doubt or question amongst us, The Go' will grant us that some of the Councillors may be appointed to Conferr upon such doubts and questions as may arise.
His Excell. M' White, Its not a man of words, noise and con- tention, that I affect, but a man of sense, gravitie and discretion, that knows how to propose things in due time and manner: When there is occasion to resolve anie doubt or question, or to explain anie misun- derstanding, When I shall be made acquainted yrof by the Speaker,
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I shall be allwayes readie to appoint a Comittee of the Councill for that purpose.
M' Speaker. May it please the Go' to excuse this man, for it was discoursed of some time this day in our house, though if I remember right, it was not given me in charge with the other things when I came outt.
His Excell. It is well, M' Speaker. Gentl., I wold have you to make what dispatch you can of what I have given you in charge. I hope ther will be a good understanding betwixt us. I wish you well.
The Speaker & representatives withdrew.
Adjourned till morrow morning, eight a Clock.
[18th May, 1693.
Att a Councill held at' philadelphia on Thursday the 18th of May, 1693.
PRESENT :
His Excell. BENJAMIN FLETCHER, &c.
WM. MARKHAM, Esq'., Lt. Governo'.
Andrew Robeson,
William Salway,
Rob' Turner, Esq"s. William Clarke, Esq".
Lawrence Cock,
Geo. fforman,
His Excell. sent M' Jamison to the house of representatives with the Copie of their vote, which they delivered to his Excell. Last night, and desired to know if they had anie thing to offerr this forenoone.
Two of the representatives from their House did signifie to his Ex- cell. that they did beleive there will be nothing to offerr this forenoone, and desire a List of the acts which the Go' did mention Last night to be repugnant to the Law of England.
His Excell. did say: I am no Clark; you have the Laws amongst you; What I have by me is only some minutes which I have extracted outt of yo' Law book, for the help of my memorie; But I will remove all excuse for delay : You shall have it; pray let ym dispatch.
The List and number of Laws wer Immediately given them.
Adjourned till 4 a Clock afternoon.
[224 May, 1693.
Att a Councill Held att philadelphia on Moonday the 22ª of May, 1693.
PRESENT:
His Excell. BENJAMIN FLETCHER, &c.
Andrew Robeson, Rob' Turner, Esq".
Lawrence Cock,
Wm. Clarke,
(Esq".
Pat. Robinson,
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MINUTES OF THE
His Excell. did signifie that the delayes of the Assemblie did wearie him, their Maties' affairs calling for his attendance else where, and desired their advice whether hee should send to them or not. It is the opinion of the Councill, that his Excell., if he think convenient, may send to them to know if they will Have anie thing to offer this evening &c to desire them to dispatch; Which was ordered accordinglie.
Adjourned till eight a Clock morrow morning.
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[234 May, 1693.
Att a Councill Held att philadelphia on Tuesday the 236 of May,1693.
2
. PRESENT :
His Excell. BENJAMIN FLETCHER, &c.
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WM. MARKHAM, Esq'., Lt. Governor.
Andrew Robeson, ? Lawrence Cock, )
Robert Turner, Esq". Wm. Clarke,
Pat. Robinson, Geo. Forman. Esq".
His Excell. did order M' Jamison to wait upon the House represen- tatives, and tell M' Speaker that it's now the 9th day of their sessions & Little or nothing done, (other assemblies have dispatched more business in Less time,) To know if they have prepared any bills, and once more to desire their dispatch.
The Speaker made ans": That they wer dispatching. That the Governor must not take it amiss that they are so tedious, being putt outt of their old methods. Formerlie the Councill did prepare the Bills & send ym to the representatives for their assent, and now it is putt upon ym to prepare ym. That they are now agreed of something concerning their Laws, which they believe they shall offerr to the Go' this morning.
Resolved, It is convenient to demand the Rolls of the former Laws from the late M' or keeper of the rolls of this province by two of the members of Councill.
Ordered, That Andrew Robeson and Wm. Clark, Esq". doe demand of the late M' or keeper of the Rolls of this province, That forthwith hee either bring or send the rolls of the former Laws of this province to the Councill board.
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His Excell. did send M' Jamison to the representatives, to Inquire if they had anie thing to offerr this forenoone, or when they would.
The Speaker's ans" was, That they wer running over the body of Laws, & making alteraons as they could agree, & believed nothing wold be offered this forenoone.
Adjourned till 4 a clock afternoon.
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POST MERID.
The 23ª May, 1693, 4 a clock afternoone.
PRESENT :
His Excell. BENJAMIN FFLETCHER, &c.
Andrew Robeson, ?
Wm. Salway,
Robert Turner,
Pat. Robinson, >Esq". Wm. Clarke,
Lawrence Cock,
Geo. forman.
>Esq ".
His Excell. in Councill, Having tarryed two hours, did Order M" Jamison to wait upon the house of representatives to know if they had any thing to offer wt'in this halte houre.
M' Speaker ansred, that they only tarryed for their Clark, wbo wold verie soon have done with his writting.
Adjourned to 8 a Clock morrow morning.
[24º May, 1693.
Att a Councill Held att philadelphia on Wednesday the 24º of May, 1693.
PRESENT: His Excell. BENJAMIN FLETCHER, &c.
Wu. MARKHAM, Esq'., Livet. Governo'.
Andrew Robeson, ) William Salway,
· Robert Turner, Pat. Robinson, SEsq". William Clarke, Esq".
Geo. Forman.
Law. Cocke,
Andrew Robeson & Wm. Clark, Esq". did return, That in pursu- ance of the order of Councill yesterday, they did demand of ME Loyd, Late M' of the Rolls, either to bring or send the rolls of the former laws of the province to the Governo' and Councill, And that his ans" was : That hee never did enroll anie Laws; there was not, nor hath hee ever had anie warrant for soe doing.
The door keeper told his Excell. that a messenger from the house of representatives comes to know if the Go' be readic to receive ym, who was ansred that his Excell. hath been readie these two hours.
M' Speaker and the House of representatives being present, M Speaker said: May it please the Go' to excuse our delayes, for wee are putt upon new methods, which wee are not yet acquainted with, & are not negligent nor disrespectfull to the Governo' : Wee have had about 200 Laws to review : Wee have now brought thee a Bill, which wee desire the Governo will be pleased to pass into an act.
His Excell. What is the title of it ?
M: Speaker Read a direction to the Governor, with his titles. . His Excell. What is the substance of it ?
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M' Speaker. It is our desire that the Governor wold Confirm our former Laws to us. If the Governor please to give me Leave to read it. Granted.
To Benj" Fletcher, Cap'. Generall and Governor in Chief in and over the province of pennsilvania and Countrey of Newcastle, &c.
Wee, the freemen of the sd province & Countrey in generall assem- bly mett, Humblie Shew :
That wheras, the Late king Charles the 24, in the 35ª year of his reign, by his letters patents under the great Seal of England, did for the consideraon therin mentned, grant unto Wm. Penn & his assigns, this Colonie or tract of Land, thereby erecting the same into a pro- vince, calling it pennsilvania, and Constituting the sd Wm. penn absolute proprietaric of the sd province; (saving amongst other things the soveraignty therof;) Therby also granting unto the sd Wm. penn, his deputies or Livets, by virtue of the said Royall charter, full, free, & absolute power, by and with the assent of the freemen of the sd province, to make, enact and publish any Laws whatsoever, for znie end, appertaining either to the publick state, peace or Safetie of the sd. Countrey, or unto the private utilitie of particular persons, according to their best discretion ; Which Laws, so as aforesaid made and published, the sd Late king did by the same enjoyn, require & command, should be most absolute aud available in Law, and that all the Liege people and subjects of the said Late king, his Heirs & Successors, should observe and keep the_same inviolable in these parts ; But that the Laws for regulating & governing propertie within this province, and Likewise as to felonies, might be & continue the same as they should be for the time being, by the generall Course of the Law of England, Untill the said Laws should be altered by the sd. Wm. penn, and by the freemen of the said province, their delegates or deputies, or the greater part of them : And to the end the sd Wm. penn or the inhabitants of this province, might not att anie time ther- after, by misconstruction or colour of the powers aforesaid, or by pre- tence of the said Laws therafter to be made, should thorou inadvertencie or design, depart from that faith or allegiance which by the Laws of England they and the king's Subjects in his dominions allwayes owe to him, his heirs & successors, Hee, the said Late king, did by his sd Lres patents, declare it to be his will & pleasure, that a duplicate of all the Laws soe as aforesaid made & published, should, within five years after the making therof, be transmitted and delivered to the king's privie Council for the time being; and if anie of the sd Laws within the space of six Mo's. after, (by the said king, his heirs or Successors, or his or their privic Councill,) inconsistent with the Sovereignty or Laull prerogative of the sd king, his Heirs & Successors, or contrarie to the faith and allegiance due to the legall government of England from the said Wm. penn, or the planters and Inhabitants of the said province, and that therupon any of the sd Laws wer adjudged and declared to be void by the said king, his heirs & successors. under his or their privie seal, That then, and from thenceforth, such Lows concerning which the sd Judgment and declaraon wer made, should become void, otherwise the Law so transmitted should remain anc
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stand in full force, according to the true intent & meaning therof; By virtue of which Letters patent, & pursuant to the powers, provisoes and restrictions therin specified, divers reasonable and wholesome Laws wer made, transmitted & presented to the said king and privie Coun- cill : And wheras, the king and Queen that now are over England, &c. by their Lres patents, under their great Seal, dated the 21" of Octobr, in the 4th year of their reign, Having for the reasons therin mentioned, taken the governmt of this province and Countrie into their owne hands, & under their Immediate care & protection, did think fitt to constitute and appoint thec, the sd Benjamin Fletcher, to be their Capt. Generall & Governo' in Cheife in and over the same, Thereby Requiring thee among other things, to doe & execute all things in due manner that shall belong to thy comand & the trust reposed in thee by the sd king & Queen, according to such reasonable Laws & statutes as then "ver in force, or therafter should be made & agreed upon by thee, with the advice and Consent of the Councill & Assemblie of this Countrie.
Now, forasmuch as the Laws of this goverm' soe made & transmit- 'od as aforesaid, Have not been hitherto adjudged or declared, (either by the Late king & Councill, or by his Successors, the sd king & Queen, & their Council, under his or their privie Seal,) to be void, soe that such of the sd Laws as wer not discontinoucd or repealed by the Legislative authoritie of this goverm' are still in force. And seeing it hath pleased the king & Queen so tenderlie to regard the happie goverm' and comfort, as well as protection of this province & Countrie, as to Conserve these our Laws and Constitutions, so fittlie accommo- dated to our circumstances, with respect to tender Consciences, as well as Commerce and Cultivation, Wee can doe no Less than with grati- tude & sinceritie acknowledge their Royall bountie an i peculiar favour therin, Earnestlic desiring that thou wold be pleased, according to the Tenor and most favourable direction of thy commission, to govern us & Cause the administraon of Justice within this governm' to be agreea- ble with these following Laws, which are now in force, as aforesaid, Viz:
The first Chapter of Laws, concerning Libertie of Conscience.
The 2d, concerning the qualificaons of members of Assemblie.
The 3d & 4th, agt. Swearing.
The 5th & 85th, agt prophane speaking.
The 6th, against Cursing.
The 7th, against adultery.
The 8th, against Incest.
The 12th, 83d & 169th, agt drunkennes & drunkards.
The 14th, agt drinking Healths.
The 20, agt Rioters.
The 22d, agt Menacing of Magistrats.
The 24th, agt assaults.
The 26th & 27th, agt rude sports, plays & games.
The 30th, agt Spreaders of false news.
The 33th, about the dayes of the weeks & Mo's.
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The 37th, about pleadings in English.
The 30th, 123d & 150th, about Fees. The 42d, 74th & 167th, about arrests.
The 45th & 46th, about wills.
The 54th, about prisons.
The 56th, about the manner of punishment.
The 59th, about Taxes.
The 66th, about Summons & Court proceedings. The 75th, agt Barretors.
The 77th, about Orphans Court.
The 80th, about 7 years quiet possession.
The 82d, about Counterfittings hands or Sealls.
The 90th, about taking away boats or Cannoes. .
The 11th, Against polygamy.
The 13th, agt such as suffer drunkennes in their houses.
The 17th, agt breaking into houses.
The 19th, agt forcible entrie.
The 21st, agt menacing parents.
The 23d, agt menacing M" Mrises.
The 25th, agt Challenging to fight.
The 28th, agt Sedition.
The 31st & 121', agt scolding.
The 31st, about trialls by 12 men.
The 41st, about defalcation.
The 43d, about verball contracts.
The 50th, agt defacers of Charters.
The 53d, about goalers.
The 55th, about false imprisonment.
The 58th, about free elections.
The 64th, about Libertie & propertie.
The 72d, ag' derogators of Judgments of Courts.
The 74th, about making debtors pay by Servitude. The 79th, about acknowledging deeds in Court.
The 81st, about Countie Sealls.
The 84th, about Vending pype staves. The 91st & 184, about fences.
The 94th, About fyring the woods.
The 96th, About Hog-stealing.
The 101st, About the house of Correction.
The 108th, About departure out of the prov.
The 114th, About buying land of ye natives. The 119th, About binding to the peace.
The 125, About assigning bills & spetialties. The 131st, About shipwreck.
The 134th, About passes.
The 136th, About attatching & passes.
The 139th, About trucking wt servants. The 146th, About sumons cf Juries.
The 164th & 165, about robbing & stealing. The 166th, About appraisers.
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The 177th, About Juries not appearing,
The 178th, About removing Land marks.
The 183d, About tannd Leather.
The 188th, About the sale of intestates' Land by the widow or adm'.
The 190th, About the dyke at New castle.
The 199th, About rangers.
The 201st, About the registrie keept by religious societies.
The 203d, Concerning the Surveyo" generll's fees.
The 100d, About Cart wayes.
The 102d, About weights & measures.
The 118th, Ag' murder.
The 120th, About fornication.
The 126th, About bills of exchange.
The 122d, About trusting mariners.
The 134th, About selling servants out of the province.
The 137th, About Harbouring servants.
The 157th & 180, about runaway servants.
The 144th, for Countrie produce to be Curr' pay.
The 149th, about exporting horses.
The 156th, about monthlie Courts.
The 169th, about Licenses for ordinaries, and ag' disorders in alc- houses.
The 181st, about debts payable in Country producc.
The 187th, about Usury.
The 189th, About taking Land in execution for debts, &c.
The 194th, Ag' wittnesses refusing to give evidence, being sumoned.
The 200d, About determining debts under 40s.
All which said Laws and Chapters, & everie part yrof, Wee Hum- blie desire that thou will be pleased to cause thy officers & ministers to observe and putt in due execuon, as they tender the Honour of God, the king's Comands, the prosperitie of this government, and the rights and Liberties of the free people therof. Signed in behalf of the House.
JOS. GROWDON, Speaker.
His Excell. M' Speaker, Leave it with me. This is a tedious bussines and all to no purpose: where are the rolls of these Laws? You have brought me no Bill; And I am informed that these Laws wer never transmitted to the king, nor confirmed by him. This is now the tenth day of your sessions, & all you bring me is a List of titles.
M' Speaker. I doe conceive Some of our Laws wer enrolled & presented to the king, & the king and Queen doe allow that wee have reasonable Laws, in the Go" Comission.
His Excell. You have the Queen's Letter with you for a supply towards your defence, and I doe not see that you have done anie thing in Complyance therwith. I must begone and Leave you, Since I find you have no regard to their Maties' interest. I must give their Maties an accompt of the truth as I find it.
M' Speaker. May it please the Go' not to be offended with me. There might be a mistake of the Clarke in writting a word in the
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votes the night before Last, wher the house had under consideraon to give some Monie to the Late deputy Governo' Lloyd & to Go' Mark- ham, and the remainder to the Governo'. It was no disrespect to the Gor. that the Governo" was Last named.
His Excell. M' Speaker, I never took notice of anie personall abuse of that nature ; you mistake me if you think me of the opinion and humor of some that have been Latelie in authoritie here, to use the power and dignitie their Maties have conferred upon me, above other men, in a personall abuse. I did not take anie notice of it, some others that see them were pleased to doe. I come here to serve their Maties by their Command; am Concerned to see the time goe away and nothing done.
M' Speaker. May it please the Governo', John the Baptist came befor Jesus Christ, and yet hee said hee was not worthie to Untye the shoes of him that cometh after; wee doe not think that either the Late deputy Go' or Livet. Go' Markham is neer so great as the Governo". 'Thou must not therfore take it amiss of us, for wee truelie honor thee, & will take care to ans' the king & Queen's demands. Governo', ther was a Remonstrance which wee did offer formerlie to the Go- verno", and the Governor did reject the same; wee have made some alteraon & doc now offerr it.
His Excell. You are mistaken that I did reject it. I did onlie ad- vise you as yo' friend, to withdraw it, having used some scurrilous terms, as false suggestions, &c., which might no wayes tend to yo' in- terest, but hurt when seen att Whitehall; you may read that.
'TO BENJ" FLETCHER, Esq'., Captain Generall & Governor in Cheif in and over the province of pennsilvania and Countrie of New- castle, &c.
The Remonstrance of the freemen of the said province and Coun- trey, in Assembly mett, Humbly Sheweth :
That having with all dutiefull respect read and Considered the Go- vernor's answer to our address this morning, Wee in ansr. therunto, with submission say : Wee conceive that our desires wer not grounded on mistakes in relation to the proprietor's absence ; But as to the other clause mentioned by the Governor of their maties asserting their Un- doubted right of Governing their subjects in this province, &c., Wee with all readines and Cheerfullnes own accordinglie to be the right of the king & Queen, whois prosperitie and happie reign wee heartilie desire.
And as to other reasons rendred for the superseding our proprie- tor's governancie; Wee apprehend they are founded upon Misinforma- tions ; for the Courts of Justice wer open in all the Counties of this governmt and Justice duely executed, from the highest crimes of Trea- son & murder to the determining the Lowest difference about pro- pertic, befor the date or arrivall of the Go" Comission. Neither doe wee apprehend that the province was in danger of being Lost from the crown, although the government was in the hands of some whois principles are not for warrs. And wee Conceive that the present
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governancie hath no opposition, (with respect to the king's govern- ment here in generall,) to our proprietarie, Wm. penn's, tho' the exer- cise of thy authoritie att present supersedes that of our said proprie- tries. Nevertheles, wee readily own thee for our Lawfull Governo', saving to our selves and those whom wee represent, our and their just rights & priviledges. Signed on behalf of the house.
JOS. GROWDON, Speaker.
17ª of 3ª Mo., 1693.
His Excell. Gentl., The word (misinformation) is verie Unman- nerly: their Maties are not misinformed. I could now wish you had offered no such thing: notwithstanding your positive assertion of mis- information in relaon to the goverm' of this place, I doe affirm that manie and most of yo' Laws are not Consonant to the Laws of Eng- land, nor have they been dulie executed: some Criminalls have Lain years in prison for want of execution, & manie Instances can be given. I find the province in no Securitie. It is obvious to anie discerning man, that Less than 500 Souldiers may reduce it in as Little time as they can march through it. If it should please God that their Ma- ties' forces (as I hope) have taken Martinicoc, Wee must expect that such a great prince as the king of France will endeavour a Repri- sall, unles wee can beat him outt of paris. It will goe hard with him before he putt up such an affront, and he will allwayes make his first impression where there is Least defence. Nevertheless, I will doe anie thing in my power for the renovation or Confirmaon of anie Laws that are consonant to the Laws of England. I will Consider and advise with the Councill concerning this paper of titles. In the meantime, I will decire you to goe on with the other affairs: I would have you to dispatch the setling the post office; It is a Comon good to everie one, and will save us the charges of sending expresses to our nighbouring provinces : also, the act ag' privateers, which none can object against.
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