USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 45
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It was resolved, That his Excellie be Humblie requested to give his determinaon in this matter.
397
PROVINCIAL COUNCIL.
[16ª Janry, 1693-4.
Att a Councill Held att philadelphia the 16ª of Janry, 1693-4.
PRESENT:
WVM. MARKHAM, Esq'. Leivt. Governo'.
Robert Turner, Esq'. Pat. Robinson, secry.
No bussines presenting, the Councill was dismist.
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[23ª Janry, 1693-4.
Att a Councill Held att philadelphia the 234 January, 1693-4.
PRESENT :
WM. MARKHAM, Esq'., Leivt. Governo". Robert Turner, Esq'., pat. Robinson, Secry.
The Leivt. Governo' signified to the Councill, That hee had a Lett" from his Excellie, Containing a matter of moment, which wold require a full Councill; did therfor acquaint the members present not to faill to be here the 30th instant, and ordered the Secrie to write to Jnº Cann & George forman, Esq"., to be then also present, which the secrie accordinglie did.
[soth Janry, 1693-4.
Att a Councill Held att philadelphia the 30℃ of January, 1693-4.
PRESENT :
WM. MARKHAM, Esq'., Leiv' Governo".
Rob' Turner,
Wm. Salway, (Es".
Geo. Forman, Esq'.
Lacey Cock,
pat. Robinson, Secry.
The Leiv' Governo" acquainted the Councill that hee had sent for Jnº Cann, Esq'., the 22ª instant ; That the Secrie had writ to him from Geo. forman, Esq'. his house, to be present att a full Councill this day to advise about a matter of moment. M' Cann not having come, The Livet. read a part of his Excellie's Lett to himself of the yth instant, in these words, viz: "You doe not ans' mine relating to assem- " blie which I incline to hold att New-Castle, but will complie to the " Councill's opinion."
After some debate about this matter, The further debate therof was deferred to the Sixt of Febrie next ; and it was ordered that M' Cann should have fresh notice to be then present.
Joseph pidgeon having exhibited to the Leivt Governor and Coun- cill an acco' of tenn pounds two Shills., for sundrie presents delivered the Indians by his Excellie's ord', when here at a treatie wtym, And desiring paym.
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MINUTES OF THE
Ordered that Rob' Turner, Esq', treasurer, pay the said sum outt of the pennie per pound tax raised for the support of the government.
Ordered that the Secrie issue outt a warr' directed to the Messinger of the Councill, To Sumons Ann Letort, Cap' In' dubrois, peter Bi- salion, mounce yokum, Lewis, the French Canada prison', Benje Clift & Thomas graves, to be here present the Sixt of Februarie next.
[6 Febry, 1698-4.
Att a Councill Held att philadelphia the Sixt of February, 1693-4. WM. MARKHAM, Leivt. Governo'.
Robert Turner, John Cann, . Esq". Lacy Cock, Esq.
Wm. Salway,
pat. Robinson, Secry.
The Informaon of Thomas Jenner and polycarpus Rose, exhibited to this board the 19th of Decemb', 1693, ag' Ann Le Tort, &c. was again read, and by peter Reverdie interpreted to her & her husband from the English into French.
Shakhuppo, an Indian king, being examined by Capt. Cock, inter- preter, saith That hee knows nothing of anie Letters sent to strange Indians by Ann Le Tort, nor by anie others, but that hee hath seen some strange Indians come to trade with her, but that hee neither knew ym, nor understood their Language.
Kayantarras' wife, by the sd Capt. Cock, interpreter, being ex- amined, saith that shee has sometimes seen strange Indians come to Le Tort's plantaon to buy goods.
The said Ann Le Tort, by peter Reverdie, Interpreter, saith, that what those Informants by mistake call a packett of Letters, was onlie a book of acco" of what the Indians owed them, wrapt up in a blue Linnen Cloath to preserve it from the weather.
· To the 5h article, about Le Tort's whipping polycarpus Rose, & calling the English and Sweeds rogues, Shee saith, That the Indians are much indebted to her & Little to peter yokum, and that hee came befor her hous with Rum, & therwith enticed the Indians from her ; wherupon shee in her anger, might call him & the sd polycarpus Rose names.
To the 14 article, The said Ann Le Tort saith, That shee never had anie such discourse with Hicquoquean, nor has shee seen him these three years past.
Benj" Clift being Lame and not able to travell, sent to the Leivª Governor a paper, wherin hee saith, That two of o' Indian kings told him that ther have been Severall Lett" & powders sent to Canada by peter Bisalion, & that Lewis, the french Canada prisoner that lives at Le Tort's, told our Indians that they should see in a short time that all our English wold be cutt off by the French, and that if the English wer from amongst us you & wee should Live bravelie.
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PROVINCIAL COUNCIL.
Cap'. Cock saith, that hee believes our Indians are onlie afraid that the strange Indians will come and Surprize them.
Wherupon the Leiv'. Governor ask't and desired the Council's opinion, Whether from the abovesaid examinations & proffs, ther wer sufficient grounds wherupon to bring the sd Ann Le Tort to a tryall.
. They wer Unanimouslie of Opinion that there wer not.
The petion of some of the Inhabitants of philadelphia & of some other parts of the province, was read, setting forth their Jealousies relating to the French in generll amongst them, and more speciallie referring to those trading in remote & obscure places with the nativs, without securitie or approbaon : And therfore, Requesting that the French may be called from those places, where they still Continou their Commerce with the Nativs, and that if they be per- mitted to retail trade, that it be in places of this or other towns in the province, and that neither they, nor anie others, be permitted to free- dom of trade with the natives, but such as are approved of, and upon securitie of acquainting the government with all the matters they can hour or observe concerning the natives and the enemies of the Coun- trie.
It was hereupon Resolved, That Capt. Jaques I.e Tort give to the Leivt. Governor sureties that hee shall acquaint the governm' with all matters hee can hear of or observe concerning the Natives & the enemies of the countrie, and that he take the oaths appointed by act of parliam' to be taken in stead of the oaths of allegiance and supre- macie.
Ordered, that Cap' Le Tort, or his wife, bring before the Leivt. Governor and Councill Lewis, the Frenchman that Lives att his house, the 13th instant.
Ordered that Robert turner, treasurer, give to Shakhuppo and kyantarra's wife two match coats, and two shillings sixpence in monie.
His Excellies Letter to the Leivt. Governor and Councill, dated " the 25th of January, 1693-4, was read, Wherin Hee sayes: "I " find it needfull for their Maties' service to call a generall Assemblie " in the spring ; doe therfor ask your advice of the time & place of " meeting, Which I will order accordinglie. I shall be readie to " meet you the Later end of March, or beginning of Aprill, Unless I " be called to the fronteers. You are sensible of the weaknes of "governm' without support. I hope you will use yor endeavors to " gett such to assist me who are best qualified for that service."
After some debate, it was the unanimous opinion of the Leivt. Go- verno' & Councill, That the most Convenient time for the sitting of the next generall assemblie wold be about the tenth day of Aprill next, and the most Convenient place the town of philadelphia, But Humblie submitted both time and place to his excellies pleasure; And desired the Leivt. Governo' to return their heartie thanks to his excellie for his care of them, assuring his excellie that they should not be wanting in anie degree of their dutie to, and assistance of his excellie, accord- ing to their power and abilitie.
القارة المالك السعدي
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MINUTES OF THE
[7] Febry, 1693-4.
Att a Councill Held att philadelphia ye 7ª of February, 1693-4.
PRESENT :
WM. MARKHAM, Esq'., Leivt. Governo'.
Rob' Turner, ₹ Esq". Lacey Cock, Esq'.
John Cann,
pat. Robinson, Secry.
The petion of Thomas Lacey ag' John Swift, having been read, Ordered that the Secrie write to Jnº Swift to be here the 13th instant, to make ans" to the sd petition.
The petion of philip England having been read, setting forth that hec hath been Lawfullie Impowred and authorized to keep an Ordinarie and ferrie att Skuillkill, first by an order from the proprietor, dated
. the 16 of 8ber. 1683, under his hand and Seal, therin strictlie Charg. ing that no person presume to transport anie passengers for monie or reward, over the said river, neer the sd ferrie : secondlie, by an order from Governo" Fletcher, dated the 29th of Aprill Last, fullie Confirm- ing the proprietor's grant to the petitioner for the sd ferrie and ordina- rie : And thirdlie, by a Leass from the Leivt. Governo', in behalf of the proprietor for the sd ferrie, for a certain term of years, att the yearlie rent of seven pounds ; And that the sd petition' seatlcd himself and familie theron, the acco' of keeping the said ferrie, and has been att great charges to fitt & accomodate the same with boats & Canocs, and in making a convenient Landing place on both sides of the river, both for horses and passingers, And is obliged to attend the publick service of the government. Notwithstanding of all which, one Wm. powell, in Contempt of the authoritie aforesaid, hath a Long time ferried over people and horses, & has for six mo. past erected a boat, as ferrieman, and ferried over severall horses and passengers, to the petitionr's great detriment, and since his being called to acco' for his contempt of the authoritie aforesaid, befor the Leiv' Governo' & Councill, which was the 18th of July, 1693, has pretended to sell the sd boat to certain people, who doe employ one Nathaniell Mullinax to ferrie them over, in Contempt of the power and authoritie aforesaid ; And yrfore, Requesting the Liev' Governo' and Councill to cause the sd Wm. powell and Nathaniell Mullinax to appear befor ym to ans" the contempt aforesaid, as also for the wrong the petitionr has sus- tained yrby, that so yo' petitionr may receive such Justice herein as you shall Judge meet. Nathaniell Mullinax having appcared, the minuts of Councill of the 27" of June & 18" of July & 19" 7br. rela- ting hereto wer read, Wherin Wm. powell promised that hee wold de- sist from and Leave off ferrying over people att that place, & that none else und' him should ferrie anie people over from his Land for anic reward, and which the Liev' Governor and Councill charged him strictlic to observe att his perrill.
The sd Nathaniell Mullinax being interrogated who they were that first employed & hyred him to ferrie people over, Hee ansred, That most of the people of Harford & Marion, & some of darbie, im- ployed and hyred him to ferrie ym over, and that they were to pay him his wages, & that he knew no reason why he might not work for
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401
PROVINCIAL COUNCIL.
his Living as well as others: And after sometime hee brought in a List of the names of some that imployed him, viz : Evan prothero, WVm Howell, Thomas Smith, Win. Smith, Morris Luellon, David Me- redeth, Jnº Rhodes, Wm. Warner, Humphrie Ellis, Ellis Ellis, Hugh Roberts, Robert Owen, Jnº Apowen, Richard Haye, Adam Rhodes, Christopher Spray, Davis Lues, Lues David, David Ewer, John german, Hugh Shone, Evan Hendrie, Wm. garrett, John Blunstone, Sam" Lewes.
It was ordered that the sd Nathaniell Mullinax be committed to the Comon goale of this County, till hee give good and Sufficient securitie to the Leivt. Governo', that hee shall ferrie no more persons, horses, nor cattle over Skuillkill, att Wm powell's, for gift, hyre or reward, directlie nor indirectlie ; And that 'he said boat be forthwith Seazed and secured by the sheriff, till the owners therof appear befor the Leiv' Governo" and give the like securitie.
.Upon reading the petion of Jnº Bristow, setting forth that when hee was Ranger for Chester Countie one Richard Thompson, in 1692, brought to him an unmark't horse as a stray, which the peti- tion' received from him, and therafter the grand Jurie for sd Countie presented the petition' for receiving a markt horse for a stray; Att which Court of Quarter Sessions the petition' was discharged from the sd presentinent, upon evidence that the sd horse did not appear to be arteficiallie markt when hee came to the petitionrs hands ; Wherupon the petition' was ordered by the then Court to sett up a paper on the Courthouse door, to notifie that in Case anie person should come and prove the said horse to be theirs, they should have him returned; which the petition' accordinglie did, As by a Certificate und the hands of the then Justices for the sd Countie, and und the hands of the grand Juric therof, has appeared ; Notwithstanding wherof, the Late grand Jurie for the sd Countie have of new pre- sented the petition' for ye same thing, wherof hee was formerlie cleared, tho' no person hath yet appeared to owne the sd horse, which the petition' believes is done of purpose to stopp him from prosecu- ting his intended voyage for England, and to damnifie him in his good name & reputation ; And therfore, Requesting such releif in the pre- misses as the nature & circumstances of his case requirs, and that the rather, that the petition' is still willing for peace sake to deliver up the sd horse to anie person that can make proof that ever hee was theirs, tho' he has paid half of his value to the proprietor's re- ceiver, &c.
It was the opinion of the Leiv' Governo' & Councill, That (the new presentment sceming rather Litigious than just,) the Court of Chester Countie be advised to moderation, and to be carefull not to countenance anie thing that caries with it the face of anie former grudge, animositie or revenge, ag' anic person whatsoever.
Ely Lush, Wm Rawlings, Charles kemarr, Rob' Lindsay, peter Goss, mariners, having made proofe befor the Leiv' Governo' and Councill that they were ordered by - petit, M' of the ketch James, (wherof Cap' James Risbie was owner;) to putt on shore Nathaniell Lukins, who piloted the said ketch down the bay of delaware, which they did, and that by reason of the bad weather att Cape Henlopen,
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MINUTES OF THE
they could not get on board the sd ketch again, and that they were readie to deliver the ketch's boat to John More, attornie to said Risbie, and therfore, requested they might have a Certificate from the Leivt Governo" accordinglie, which was granted them.
[13ª Febry, 1693-4.
Att a Councill Held att philadelphia the 13th of February, 1693-4.
PRESENT :
WM. MARKHAM, Esq'., Leivt. Governo".
Robert Turner, William Clark, Esq".
Pat. Robinson, Secrie.
The Leiv' Governo' represented to the Councill, That the proprie- tor's Comrs of propertie, had made applicaon to him by way of com- plaint, That Wm darvall of kent Countie, stood Lawfullie indebted to the proprietor in certain considerable sums of monie upon obligaon and for arrears of Quit rent, and that one John Barns, who has lived on sd Wm darvall's plantaon in the sd Countie, does without anie due Course of Law, imbezill, wast and Consume the goods, house- hold stuff, cattle, and stock of the sd Wm dervall, and sel's and squanders away the same, and Converts the monie to his owne use, Intending to Leave this province and to Carie with him what hee "can of the sd Wm. darvall's estate, to the utter ruine of the sd Wm. darvall, and to the totall defeating the proprietor of his just debts So owing to him, and therfor, Requesting the assistance of the governm' for prevention therof.
Ordered, that a warr' be issued from the Leiv' Governo', directed to the Sheriff of kent Countie, to secure the person of the sd Jnº Barnes, untill hee show good and Sufficient reason for his doing as above, And in the meantime, to attach, att the proprietor's suit, and take into his Custodie all such goods, household stuff, stock and Cattle that shall appear to belong to sd Wm. darvall, in whois hands soever they be; As also, to secure all such monies as are in the hands of' anie person whatsoever, as the produce of anie of the goods of the sd Wm. darvall, sold to them by the said John Barnes.
Robert Wade's petion having been read, setting forth That hee is Lawfullie seized in fee simple, in an estate of inheritance to him & his heirs forever, in a piece of Land in Chestertowne, oppositt to & ranging with the front of the Court house of the sd Countie, Beginning on the south west side of the sd street of the sd town, and so to Low water mark in the Creek in depth, and fiftie-three foot in breadth, fronting sd street, with all its appurtenances, under the yearlie rents due to the Lord of the soil therof, As by his deeds for the same, dulie perfected, to the Leivt. Governo' & Councill produced, hath ap- peared ; and that notwithstanding therof, on the 5th day of the 4h mo. 1639, the grand Inquest for the sd Countic of Chester did, without the petitioner's knowledge, Leave, or consent, and without offering or
403
PROVINCIAL COUNCIL.
paying to the petion" the Least consideraon, Lay outt the petitioner's said whole piece of Land for a public Landing place and open street, for the pretended Service of the said Countie, and the then Justices of the sd Countie declared to the petition', that they Seazed it for the king; and that the petion" being a freeman, cannot by Law be dis- seized of his freehold but by the Judgment of his 12 equalls, by a Legall tryall,' and which act of the Court has been to the petitioner's great Loss & damage, who is daylie threatened to have what hee shall build on sd his Land pulled downe and throwen into the sd creek, , and therfor, requesting such remedie & redress in the premisses as is agreeable to Justice & equitie.
Wherupon, the Leiv' Governo" ask't the advice of the Councill, who after further hearing of the said Robert Wade, ordered that the said Court, or Clark therof, (on the petitioner's request of payment for it,) send to the Leiv' Governo' & Councill by whois and what war- rant the then Court and grand Jurie So Laid outt the petitioner's Land aforesaid, and that hee send a Copie of the same warrant, & of the whole presentments, orders and minutes of Court from time to time, relating to this affair.
Upon reading the petion of Thomas Lacey, setting forth that being by Mary Rowles, servant of John Swift, unjustlie accused for the father of her bastard child, and by sd Swift's procurement was bound over in 401b, to ans' att the next Court of Bucks, att which the petition' appeared, and the Court bound him in 101b, & Israell Taylor, his suretie, in 5lb, for appearance att the next Court, att which time the petition' being sick appeared by his attornie, where Little was done in the matter, & being advised that ther was no need of appear- ance att arother Court did not goe, wherupon his bonds wer forfeited, on which they gott outt execuon ag' the petition', and have Leavyed it on Israell Taylor's goods, & the petition" is threatened by sd Swift with the sd execuon throughoutt all the province, to his detriment, and that as hee has formerlie offered to take the bastard, & to give se- curitie for maintaining of it, so he is still readie to doe, if Jnº Swift and its mother will part with it, Which they refuse; And yrfor, Re- questing the fine may be forgiven, & also all such Corporall punish- ment as the severitie of the Law might inflict on him by reason of the false accusaon of the sd Rowles.
John Swift appeared and answerd, that it was true that said Rowles Laid the sd child to the petitioner, but that hee was not bound over by his procurement, being done under the Late goverm'; that hee was never bound in 401b, but in 101b, & his securitie in 51b, & that hee never appeared att anie Court, and that ther's no execuon outt ag' him nor his suretie; that hec has yet given no securitie for main- taining the sd child, and that the mother will not part with it.
Ordered, that the petition" produce to the Leiv' Governor and Coun- cill a copie of the records of the sd Court relating to the whole affair, wherby it may appear whether the sd bonds wer forfeited or not ; and the Leiv' Governo told sd Swift that no Countie should be a place of refuge for persons that had broken the Laws in another Countie, and
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that if he wold take outt a warr' from ym to carie him into their Coun- , tie for his Legall tryall & punishment, hee might have it; and if hee desired that the petition' should give securitie here for maintain- ing the child, they wold force him so to doe. To which sd Swift an- sred, that it was not his bussines to be att anie Charge about such a fellow.
[20th February, 1693-4.
Att a Council! Held att philadelphia the 20th of February, 1693-4.
PRESENT:
WILLIAM MARKHAM, Esq'. Leiv' Governo".
Robert Turner,
William Clark, Esq". Pat. Robinson, Secry.
No bussines presenting, The Councill was dismist.
[27th February, 1693-4.
Att a Councill Held att philadelphia the 27 of February, 1693-4.
PRESENT:
WILLIAM MARKHAM, Esq'., Leiv' Governo'.
Robert Turner,
Lacy Cock, Esq'.
Wm. Salway, Esq".
pat. Robinson, Secrie.
Robert Owen and divers others of the Inhabitants beyond Skuillkill, in this province, appeared befor the Leiv' Governo" and Councill, and signified to ym that they had a propertie in the boat Latelie seazed by their order, and that their transporting ymselves therin over Skuill- kill, proceeded not in the Least from anie Contempt to the authoritie of the province, and therfor Requested that they might have their boat returned to them again, & that for their more easie Coming to their meetings, fares & marketts, & to the election of representatives to serve in the ensuing assembly, they might be permitted to trans- port ymselves therin.
Upon Consideraon wherof, & y' the sd Inhabitants might not pre- tend that by the detention of the sd boat they wold be hindred from coming to the sd election, It was ordered by the Leiv' Governo' & Councill, that the sd boat should be by the sheriff delivered back to them, & that the owners yrof might transport, or cause vin selves to be transported therin, without taking anie monie or other reward ther- fore, untill such time as his Excellie the Chief Governo', should come hither, to whom they referred the full hearing & determining of the whole affair. For which the said Inhabitants returned to the Leiv, Governo' their Heartie thanks.
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PROVINCIAL COUNCIL.
[24] May. 1694.
Att a Councill Heid att philadelphia the 24" day of May, 1694.
PRESENT :
His Excellencie BENJAMIN FFLETCHER, &c.
WMr. MARKHAM, Esq', Leiv' Governo'.
And Robeson,
Rob' Turner,
Esq". Wm. Clarke,
Geo. foreman, $ Esq".
The petion of Breta Jonson was read, Setting forth that shee is the widow of derick Jonson, who was executed for the murder of a man, &c. wherby his estate, reall & personall, became forfeited to their Maties, But by the Clemencie of the Leivt. Governo', the petition' was ordered one moity yrof, for her and children's subsistence, but Could not gett possession of anie of the movables, onlie the moitie of the Land and house, and is now in a verie Low condition, having three children to maintain; And therfor, Requesting his Excellie to Consider her con- dion, & reverse the judgm' which was executed on the other moity of the Land, and in his clemencie & charitie, Order the restoraon of the moity which is not in her possession, for a further support to her pre- sent necessities. The abov sd petion was referred to Wm. Salway & Geo. forman, esq"., to report what they Judge proper to be done in answer therto ; And they having Reported that by the Law the widow hath a right to half the personall estate, and desired, with the rest of the Councill, that his Excellie will grant the other half for ye main- tainance of herself and children, His Excellie ordered that the same be granted her for that use, shee paying all reasonable charges and fees.
[30th of May, 1694. Att a Councill Held att philadelphia the 30 day of May, 1694.
PRESENT :
His Excellie BENJAMIN FLETCHER, &c.
WM. MARKHAM, Esq., Leiv' Governo'.
Rob' Turner, Wm. Clarke, pat. Robinson, Esq". Geo. Forman.
Esq".
Wm. Salway,
His Excellie ordered the reading of the articles exhibited by some . of the Inhabitants of Philadelphia ag' Robert Brett, Clark of the mar- kett, which wer read, and ordered the said Robert Brett should have a Copie therof.
Ordered that a warrant Issue upon Robert Turner, Treasurer, for payment of One Hundred pound to daniell Honon, for his Excel- lie's use.
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[2' June, 1694.
Att a Councill Held att philadelphia the second day of June, 1694.
PRESENT :
His Excellie BENJAMIN FLETCHER, &c.
WM. MARKHAM, Esq'., Leiv' Governo".
And' Robeson, r
Rob Turner,
Esq"s.
Wm. Clarke,
pat. Robinson,
Geo. forman,
Esq".
The petion of Joseph Brayman, in behalf of himself and wife, The reference therof to Wm. Clark, esq'., and his report therupon, wer read. The Report in his favour approved, and the petition granted.
[4ª June, 1694. Att a Councill Held att philadelphia the fourth day of June, 1694.
PRESENT :
His Excellie BENJAMIN FLETCHER, &c.
WH. MARKHAM, Esq'., Leiv' Governo". Andr. Robeson,
Rob' Turner, Esq".
pat. Robinson, 3 Esq".
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