USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 44
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64
The Speaker did return in answer, that the house was adjourned on Saturuday to ten a clock this day ; That his house was not farr outt of towne; that against ten a clock hee did return & was in towne ; That they wer putt upon new measures, the provinciall Councill having formerlie prepared bills ; That they were unskilled in the methods : They were busie, and hoped they wold have something to offerr this evening, att Least they wold send word how farr they were proceeded.
Adjourned till 8 a clock morrow morning.
130℃ May, 1693. Att a Councill Held att philadelphia the 30th day of May, 1693.
PRESENT:
His Excell. BENJAMIN FLETCHER, &c.
Andrew Robeson, ?
Robert Turner,
Esq".
Wm. Salway, r
Esq".
Pat. Robinson,
Wm. Clarke,
Two of the Representatives did present 13 bills not signed by the Speaker, nor anie wayes relating to the Queen's demands and his Excell. desire, which wer read.
Adjourned till 3 a Clock afternoon.
[post merid.
POST MERIDIEM.
PRESENT :
His Excell. BENJAMIN FLETCHER, &c.
Andrew Robeson, 7
Robert Turner,
Pat. Robinson,
Esq".
William Clarke,
Lawrence Cock,
William Salway,
George Forman.
Ordered, that Pat. Robinson & George Forman, Esq'., doe signifie to the House of representatives that his Excell. is surprized to find 13 bills returned & none of them answering their Maties' demands. nor hath his Excell. seen one vote or minute of assembly concerning anie of them. None of them are signed nor passed the house in anie forme, Soe that nothing is done but an expence of time; That they desire them to dispatch their Matics' affairs, which sufferr much by his
338
MINUTES OF THE
Excell's absence, being severall times called back to the fronteers since his coming hither, and must be gone to morrow.
Pat. Robinson & George Forman, Esqr., did bring answer from the speaker, that they wer inaking haste ; had not mispent time ; wer putt upon new & unusuall methods, & desired the Governor's excuse: that the monie bill was almost readie.
Adjourned till morrow 8 a clock morning.
[31" May, 1693. Att a Councill Held att philadelphia the 31ª May, 1693.
PRESENT :
His Excell. BENJAMIN FLETCHER, &c.
Andrew Robeson,
Robert Turner, Esq".
William Clarke,
Lawrence Cock,
George Forman,
Esq".
John White and Edward Blake, from the representatives, brought up the former 13 bills, signed by the Speaker.
His Excell. told them that their house had not treated him well ; That they had not sent the votes of their House these two nights by past ; That he hath not found in anie of their votes the Least men- tion of these bills they have surprized him withall, and desired their dispatch of their Maties affairs.
John White repeated the former excuses for their delay, and told his Excell. that there were revolutions in government of Late, and tho' they were conscious of no guilt, yet it wold be Convenient to pass an act of oblivion.
His Excell. replyed, That he was sensible of a great manie ne- glects and abuses that wanted reformaon, particularlie their Laws not published under Seal nor enrolled : That hee had offered to sett them to rights, and to grant ym anie thing which might be consistent with the laws of England and their Maties Letters patents, but they have slighted his offerr, and had the boldnes to justifie ymselves in everie thing.
Ordered the reading of the thirteen bills. The 12 bills being three times read, Ordered that pat. Robinson, Esq'. doe acquaint the House of representatives that these bills are read over, & his Excell. expects what they furder intend to offerr.
Jar .. es Fox & Cornelius Empson, from the hous of representatives, brought up 18 bills Signed by the Speaker, amongst which a bill for erecting a post office and a bill against privateers.
Ordered the reading of the said Bills. The Governor and Councill doe assent to twentie bills without amendment; five with amendments, and Six wer Laid aside.
Adjourned till S a Clock afternoone.
الاسم سريع
、
L
389
PROVINCIAL COUNCIL.
POST MERID.
Att a Councill Held att philadelphia the 31* of May, 1693, post meridiem.
PRESENT :
His Excell. BENJAMIN FLETCHER, &c.
Andrew Robeson, )
Robert Turner,
William Salway,
Pat. Robinson, >Esq". William Clarke, Esq".
Lawrence Cock,
George Forman.
John White, david Loyd, Sam" Carpenter and Edward Blake, from the house of representatives bring in and offerr the Bill of supplie for the government, which they say is read two times in their house, But. not passed, and desires to know what is become of the other bills they have sent up; whether they are passed or not, or what amendments are made, &c.
His Excell. Gentl., This is no bill. I will not Look upon it untill it be passed ye house & signed by the Speaker. I have sent you word formerlie that the speaker was to cause be wrote under each bill : ""This bill being three times read, is assented unto by the House of " representatives and ordered to be transmitted to the Governor and " Councill for their assent thereunto; and then signed by order of the " house: his name." But this you will not follow becaus bid to doe it.
Mr. White. May it please the Governor not to take it amiss that the representatives are desirous to know what is become of the other bills, ere they proceed to the passing of it ; They Judge it the practice of the Comons of England and their right, therfore pray Gverno' excuse it and peruse the bill.
His Excell. Gentl., If you did design to Compliment me with the sight of this Bill before it was passed yo" house, you might have fol- lowed other measures. I can take no notice of it here untill it come signed by the Speaker & past the house. I will not Looke upon it.
M' LLoyd. To be plain with the Governo', here is the Monie bill, and the house will not pass it untill they know what is become of the other bills that are sent up.
M' White. May it please the Governo', The house doe not know but those bills the Governo' may see Cause to Lay aside may be the bills they putt the greatest value upon, therfore pray thee to excuse it, and Condescend to them in that thing.
His Excell. Gentl., You have not dealt fairlie by me ; you have no Candor ; you have sitt these fifteen dayes & nothing done: no vote mentioning those Laws ever came to my hand untill you surprize me with 13 bills: & again more, some of which are directlie oppositt to their Maties Lres patents. I came not here to make bargains nor ex- pose the king's honour. I will never grant anie such for all the monie in your Countric. You have had her Maties Letter before you, and Let the house Consider what they are doing : I must be accomptable att whitehall for everie thing that is transacted here in this assembly.
33*
A
T
390
MINUTES OF THE
I shall be sorrie if I can be able to give you no better character; and in short, you must expect to be annexed to New yorke or Maryland. I will not Look upon the Bill untill it will be three times read & signed by the Speaker.
The Representatives did throw down another bill upon the table and withdrew.
The Bill Last delivred is Concerning the estate of persons de- ceased, and not signed by the Speaker.
His Excell. Ordered M' Robinson to Carie the same back to the house, and tell them that his excell. hath passed a bill ag' abusing Magistrats this day in Councill; that they sufficientlie abuse his Excell. in sending up such scripts of paper without being signed, & that they must not expect that hee will take anie notice of such.
His Excell. sent M' Robinson and M' forman to inquire if the house of representatives had anie more bills to offerr; Who in ans' said, the house wer in debate whether they should send anie more bills for assent Untill they heard that the other former bills were passed.
His Excell. after Long expectation, did desire the advice of the board whether hee should not dissolve the assemblie, having had no , regard to their Majesties demands for assisting New yorke.
His Excell. ordered pat. Robinson & Geo. Forman, Esq"s. to wait upon the house of Representatives and demand of them whether they have complied with their Maties demands for assisting New york ; whether they had considred of a Queta of men or monie, or both, and that they return an ans' in writting, Signed by the speaker.
His Excell. gave them the Queen's Letter, of which the Represen- - tatives had formerlie a copie, that they might see it.
They brought in ans" that shortlie they wold bring an ans' in writ- ting.
His Excell. did demand of the Councill If they have observed him to take wrong measures to disoblige the representatives and make the inhabitants uneasie since hee came amongst them, and prayed them to use their freedom of speech.
The Members of Councill did Return, That they wer admirers of his Excell. patience, and wer wittnesses that hee hath taken all the stepps of Condescention Imaginable to gain them, and that they wer afraid the Countrie will be att Last Sufferers through their means.
His Excell. gave the board to understand that hee hath sent severall messages to the Representatives they have done nothing to answer the Queen's Lett. They have adjourned ymselves twice this day, and it is now three Hours since the Last message was sent to them ; Therfore, asks the advice of the board to send for them and dissolve them.
Andrew Robeson Esq'. made answer, That hee was ashamed of their behavcour to his Exceli. after all that Condescention and patience his Excell. hath showen to them : being putt to the vote, It is the opini- on of the Councill (onlie M' Salway excepted) that His Excell. have
1
,
1
--- -------------
391
PROVINCIAL COUNCIL.
patience till morrow morning, and that if they give not satisfactorie ans' to the Queen's Letter by 8 a Clock to-morrow morning, then to dissolve the present assembly.
Adjourned till 5 a Clock morrow morning.
[1* June, 1693.
Att an Assembly Held att philadelphia the first day of June, 1693, 5 a clock Morning.
PRESENT:
His Excell. BENJAMIN FLETCHER, &c.
Ardrew Robeson,
Robert Turner,
Wm. Salway,
Pat. Robinson,
>Esq". Wm. Clarke,
Lawrence Cock,
Geo. Forman,
The Councill Having sitt two hours, Ordered that Pat. Robinson, Esq'. doe wait upon the House of Representatives, and demand of them an ans' to that message concerning the Queen's Lett', according to promise Last night, in writting, & whether they have anie further Bills to offerr.
John White and Edward Blake from the Representatives brought a Roll of Laws, annexed to a petition of right, which Laws the assem- blie doe petition may be ordered to be putt in execuon by the officers in the government, & a bill giving one pennie in the pound to y' Maties.
His Excell. did say : Gentl., you have not dealt kindlie by mee. I suppose becaus you doe not know mee. However, I shall cause this Bill to be read, & then send to the speaker and the whole house. I suppose I shall give them satisfaction. This might have been done five dayes agoe.
M' White. May it please the Governo' not to take it amiss from anie particular member of the house, for as wee differ in face, so also in mind ; It was not delayed through anie disrespect to the Governo' but that it doth take up some time to bring men's thoughts and tempers to agree. I hope the Governo" will part with us in Love.
His Excell. You may tell the house that I shall send for them so soon as have perused the bill.
The Bill of the pennie in the pound read three times. Ordered pat. Robinson, Esq'. doe call the speaker and Assembly.
The Speaker and assembly present.
His Excell. said : M' Speaker and you gentl., The representatives of yª province, There is one bill that you have passed giving the pennie in the pound to their Maties, for which I am obliged to thank you. It wold require severall amendments, but I am in haist. I could wish you had given that monie, as you call it, for support of the
L
392
MINUTES OF THE
government of the province, by another name ; It would a been more suteable & pleasing if you had taken some notice in the bill of the Queen's Letter; But I shall not insist, and as for that part yrof which you design for mee, I shall putt it to that use which their Maties shall require mee.
Gentl., There are Bills which are passed in Councill without amend- ment and approved : there are some five or six more that will want amendments, as that of marriages. The Councill are of opinion, with some of yo' house, that it is hard to oblige persons of religious so- cieties different from the Quakers, should be tyed up to their measures.
BRIDGES. There is a word Left outt, perhapps by the Clark's mistake, which is the penaltie for not working. The Councill have putt in twentie Shillings for a dayes neglect : I believe you will agree to it. I believe it wer not amiss it wer 40 shillings.
CRIMINALL OFFENCES. There is wanting in this Bill the Crime of Burglarie, which you may have easilie added.
CASK. In the assize of Cask, It wer proper to take Notice of the oil Cask ; fishing with the people of New york is much improved & oil makes a good return. I hope you will consider the improvement of it amongst you ; also, I understand there is something done towards that trade of oil; therfore, it cannot hurt to regulate the oil Cask.
RECORDING OF DEEDS. I wold have the preamble Left outt; It's no part of the Law nor adds nothing to it.
There are severall other Laws which I could wish there wer time to consider of ym, but I doubt they will- occasion so much debate as will make expence of time. There is that ag' debacherie in officers ; I am willing to pass anie Law ag' bebauchrie you can propose ; but there are Laws alreadie ag' those Crimes, and if they be putt in exe- cution will not serve.
M' Speaker. May it please the Governor, Wee know there are penalties upon such offences; But wee wold willinglie see that the highest places in governm' should be supplied with officers of most virtuous & exemplarie Life.
His Excell. And I also; But it is hard for a false step, in drinking a cup perhapps too much, a man should be deprived of his birthright, which is that hee be uncapable to elect or be elected ; this is too severe. It is the free Holders birthright as much as his name. I will give you Leave to banish mee outt of the governm' when you shall find me drunk. But M' Speaker, there are manie other crimes, as fornication, which a man may happen to be guiltie of as well as drunkennes; why is not that in amongst the rest. I cannot take away the Subjects birthright. But if you will pass a Law for either Mulet or Corporall punishment upon such offences in Officers, I shall be readie to pass it. I believe if this bill You have proposed wer applied to this present assemblie in the strictnes of it, Wee should have but a thin House. There are but few men in the world but one time or other may be convicted of Some of these Crimes.
YEARLIE DELEGATES. This is directlie oppositt to their Maties Lres patents. I will engage that while I am in the goverm' I will call an
-
4
393
PROVINCIAL COUNCIL.
assemblie together once a year ; But the king's affairs will not Suffer me to be allwayes here att a certain time. Besids, It is their Maties prerogative to call assemblies as often as they see meet, and this they have given unto me ; I cannot part with it ; besids, where is the hurt, if a good assemblie should be continoued by adjournment from one year to another. I Love to have Honest men upon my side, and for the rest I doe not care where they be.
SALLARIES TO THE ASSEMBLIE. Gentl., It is well, but you must also have under consideraon the Livet. Governor and the Councill. If it wer once come so farr as to have a Revenue established within this province upon their Maties to defray the necessarie charge of the go- verm', I wold show you which way it should be made use of for Sup- port of the officers.
Therfore, att present I wold have you take the Livet. Governor and Councill und' your Consideraon, as well as the representatives.
FERRYS, If I am well informed, are a Royaltie, and are granted to the proprietor. It seems strange to me that you should incline to take away anie thing from the proprietor, who is yo' friend. It is but his right, and I cannot take it from him. I cannot pass this bill.
PIRATES AND PRIVATEERS. The Bill which I sent you was origin- ally drawen up att Whitehall. I cannot pass it as you have altered it. There is other Laws to punish privateers, & I am Vice admirall as well as Governo' here. Since you did not pass it in form I shall not insist. I remember some of you said it was too Sanguinarie ; It can doe you but Little good or harme. .
And for Choosing of officers, It is a thing the king hath Lodged mn me to appoint officers ; therfore, you must not expect it. To this and the other concerning delegates, I must give you a positive answer. I cannot pass them.
M' Speaker desired the amendments, and was told they wer en- dorsed on the bills, then w'drew.
His Excell. did sign the other Bills that wer passed the Councill, and an ord' und' the List of Laws & petition that all Justices, She- riffs, Constables & other officers in the province of pennsilvania and Countrie of New Castle, should execute, or cause the same to be exe- cuted, untill their Maties pleasure should be further known.
Ordered, Pat. Robinson, Esq'. doe caric down the signed roll, and show his Excell. Signature therunto, and desire them to return the Monie bill ; which was done accordinglie.
His Excell. ordered Wm. Salway, Esq'. to enquire of the repre- sentatives if they were desirous to be adjourned, prorogued or dis- solved.
-
Who returned that they wold consider of answer.
Adjourned till 2 a clock afternoone.
£
394
MINUTES OF THE
POST MERID.
Post Meridiam, præsentibus ysdem qui ante.
Edward Blake brought up Nine bills amended as the Governo' and Councill did propose, which his Excell. did pass; and that the assem- blie could not consent to the amendment of the Bills for allowance to representatives, nor that of appealls, since they cannot allow Burglarie to be a capitall crime.
Edward Blake brought the bill of appealls, with the crime of Bur- glarie, allowed by the representatives, Which being three times read was assented unto by the Governor & Councill.
His Excell. bid him tell the representatives that hee was readie to pass the bill for allowance to the representatives, But the Councill de- clare their opinion ag' it, unles provision be made for the members of Councill, which is best done by establishing a revenue for support of the government.
His Excell. desires that the speaker and representatives doe attend him forthwith, being readie to goe on board.
M' Speaker and the assemble wer admitted. Then His Excell. said: M' Speaker and you gentl., you may be perhapps mistaken or not well acquainted with the Nature of passing bills in generall assemblie; You have had the Copie of my Comission, & you will find it there, that they are to be enacted by mee, by & with the advice & consent of the Councill & assemblie, or representatives, Soe that it is not in my power to pass anie bills that come from your House, if I wer never so willing, w'out the advice and consent of the Councill, tho' as they say in England, I have in myself the power to damn them, which is the Ne- gative voice. I am veris willing to pass this bill for an allowance of Six shillings per diem to each representative, and Nine shillings to the Speaker; But I find a nemine Contradicente in the Councill for Lay- ing it aside. They doe alledge that your preamble to that Bill is verie fair and plausible, (to witt, the support of the Governmt,) but then you must not seem therby to take the government whollie into yo' owne hands, as if the Livet. Governo' and the members of Councill had no share yrin. They are Satisfied that ther is some thing due to you for yo' service, but it is also true that the members of Council! have a share in the government, and are in the Nature of the upper house, and there is no provision for them; you must not then take it ill att my hand, for I doe declare to you, Gentl., that if the members of Councill will Consent to it now, I will this moment pass it as it is.
M' Speaker. May it please the Governor, I knew not what thou woldst say to mee, therfore am not prepared to ans". But this I will venture to say of my self, and beleive it is the opinion of the house, That wee may give the Councill the Character of great injustice to us. I doe not blame thee.
His Excell. It is not my fault; I am readie to signe it, and think it a verie reasonable allowance.
M: Speaker. Governor, wee have just now paid twelve pounds odd monie outt of our owne pocketts for house rent, Clark's fees, and doore keeper, & for my owne part, I have served the Countrie these
7
395
PROVINCIAL COUNCIL.
'severall years, and never had one farthing ; But since it is soe, wee will not insist upon it. I wish that upon the Like occasion for the fu- ture, the Governo' may be assisted with Councillors of more justice, ·and an assemblie of more witt.
His Excell. I am a stranger; I have put no stranger over you. I have had those gentl. recommended to me, and have found ym all wise, Carefull, & diligent to forward their Matics' Service during my abode. It is my rule to beleive well of everie man Untill I find the Contrary ; your jealousies have been a great hinderance to their Ma- ties' affairs in this assemblie. This bussines might have been done 8 dayes agone : But I attribute it to this, That you doe not know me. I could wish you had made provision for all the officers of the go- vernm'; If you had, I was allwayes readie to pass it. I see one vote of the house to that purpose, but heard no more of it.
M' Speaker. Governo", True wee did in the beginning. Wee had severall debates upon it, but it could not pass the house; It was ever much opposed.
His Excell. What harme wer it, or who could sufferr by it, if something wer laid upon wine, brandie, beer and Syder. No person is obliged to drink, & they y' will dipp a Little more than ordinarie, will never feell the pavm' of it, nor drink the Loss. It wer a better way than to Levie monie by distres, which takes a sum out of poor sober people's hands att once. I doubt not but an excise upon strong Liquors, with the addition of some things els, wold raise a Consider- able sum of monie yearlie for the support of the Livet. Governor and Councill, & other officers.
Gentl., These Councillors will not allwayes be in place. It may be probablie yo' owne turns to Serve verie shortlie. If once you wold establish a revenue upon their Maties for the support of the governm ' as it is in all places, I should quicklie give you an accompt how it should be distributed. It hath cost mee neer 2001b. the time I have been amongst you ; there is my servants, horses & my table, which I have keept for these gentl. y' came along w' me: and for you M' Speaker, & the gentl. of the assembly, if att all times three or foure of you could have come, my door was never shutt, and I told you allwayes soe ; but there was such jealousies and fears amongst some of you in this place, that it was avoided as if it wer treason for the speaker or anie other representative to be seen in my Companie during yo' Ses- sions. My temper has been allwaves otherwise. I ever Loved free- dome, and it is no argument of Love and affection where jealousie doth so predominate; It is not my fault; I hope wee shall be better acquainted in time. Gentl., I did desire to know of you whether you desire to be adjourned, prorogued or dissolved.
M' Speaker. Governor, wee desire to be dissolved; wee doc thank thee for thy care and kindnes to us.
His Excell. Gentl., I will order the secrie to enroll those Laws that I have passed upon parchment, and affix a Seal to ym, and they shall remain in his office, to be a standard of yo" Laws, to which you may recurr upon all occasions. I have Likewise ordered that the monie
1
-
T
396
MINUTES OF THE
bill shall be first enrolled, Which I doe for yo' sakes; And trulie, I could wish you had taken notice of the Queen's Lett yrin; It wold have been better received by their Maties. And since you desire to be dissolved, I Have dissolved you, And you are hereby dissolved from the assembly, Soe gentl., I wish you all well to yo' homes. Wee thank thee Governo and departed.
The end the first Sessions of Councill and Assembly.
[2ª Janry, 1693-4.
Att a Councill held att phiiad. 2ª Janry, 1693-4.
PRESENT :
WM. MARKHAM, Esq' Leivt. Governo'.
Wm. Salway, Š
Rob' Turner, 3 Esq". Pat. Robinson, Secrie.
No business offering, the Councill was dismist.
[9* Janry, 1693-4.
Att a Councill Held att philadelphia the 9" of January, 1693-4. PRESENT:
WM. MARKHAM, Esq'. Leivt. Governo'.
Wm Salway,
Robert Turner,
Esq".
Pat. Robinson, Secry.
The Leivt. Governo' being Informed that some persons had been brought before some of the Justices of the peace for Robbing & steal- ing, which Crimes, by the 104t & 105" Laws of this province, wer formerlie punisht with restituon & 21 strypes, And which two Laws wer designed by the Last assemblie to have been Continoued in force in their petion of right to his excellie, and tho' these two Laws be in the minuts of the Councill, & also in the assemblies book, amongst the List of those Laws presented to his Excellie & Councill to be Con- tinoued, yet they wer through haste omitted to be putt by the assemblies in the roll of Laws by ym requested to be continoued, By reason qrof, the Justices are doubtfull how to proceed in the punishment of such Criminalls.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.