USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 46
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Wm. Clarke,
His Excellie did offerr that he is desirous to give all just Satisfac- tion to the people, and therfor proposed to affix placardes, giving notice to all persons that hee hath appointed Tuesday, att eight in the morn. ing for the hearing of anie Complaints made ag' Rob' Brett, the Clark of the market, for anie misdemeanors Comitted in the execuon of his office, wher all Complainants & evidences shall have access, which is agreed unto, and ordered accordinglie.
His Excellie did Likewise acquaint the Councill, that hee hath ap- pointed the same time for enquiring into the matter of peter debuc, deceased, which Comes under his Excellie's Cognizance, and desired they would be wittnesses therto.
[5ª June, 1694.
Att a Councill Held att philadelphia the 5ª day of June, 1694.
PRESENT :
His. Excellie BENJAMIN FLETCHER, &c.
WY. MARKHAM, Esq'., Leiv' Governo'.
And' Robeson, pat. Robinson, SEsq".
Wm. Clarke,
Geo. forman.
SEsq".
Wm. Salway,
Robert Brett, Clark of the market, being heard, & manie persons
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appearing ag' him, they made severall misbehaveors appear in the execuon of his office, for which his Excellie discharged him froin the said office.
The bussines of peter debuc's will deferred till afternoon.
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3 of the Clock, afternoon. PRESENT :
His Excellie BENJAMIN FLETCHER, &c.
Wy. MARKHAM, Esq'., Leiv' Governo".
And' Robeson,
· pat. Robinson, Wm. Salway,
Esq".
Wm. Clarke, Geo. forman,
>Esq".
His Excellie Having ordered the Hearing of what might be offered ag' the will of peter de buc, deceased, and severall things being offered by sundrie persons, wherin they seem to insinuate there was fraud and Collusion in the making therof, His Excellie did, upon hearing therof, dismiss the people, and desired the Councill to give their opinions upon the whole matter, Whether or not the will, which was proved befor the Leiv' Governo', Can be allowed or not; Which being putt to the vote amongst the members of Councill, was caried in the affirma- tive, & his Excellie did allow yrof.
[6"> June, 1694. Att a Councill Held att philadelphia the sixt of June, 1694.
PRESENT :
His Excellie BENJAMIN FFLETCHER, &c.
Wy. MARKHAM, Esq'., Leivt. Governo".
And Robeson,
Wm. Clarke,
. Rob' Turner, Esq". Lau' Cocke,
Pat. Robinson,
Geo. forman.
Esq".
The petition of Waddy Reynolds was read, & Ordered Wm. Clarke, Esq'. be Impowered to hear and determin the matter of complaint, & to See that the widow & children be not injured, and that an Ord' Issue forth to the justices of the peace to stopp anie further process in the mean time.
The petion of Mary White was read, and ordered the Justices of the Countie Court deliver her accots, & cause them to be regulated according to the table of fees then established.
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[11ª June, 1694.
Att a Councill held at philadelphia the y" day of June, 1694.
PRESENT :
His Excellie BENJAMIN FLETCHER, &c.
W'M. MARKHAM, Esq'., Leivt. Governo'.
And' Robeson,
Rob' turner, Esq". Wm. Clarke
WVm. Salway, Esq".
The petion of Mary White was read, qrin shee setts forth that her Husband, deceased, was sheriff of philadelphia, & became bound for - the rent of ye house hyred for the use of the Countie, to be a goal; that the rent of the sd house is not yet paid, and the bond of the sd Jnº White standing outt ag' the petition', to her great trouble.
Ordered, the Justices of the peace in the Countie of philadelphia, draw a warrantt upon the Countie Collector, to pay the rent due for the said house, and procure the said bond to be delivred up Cancelled, to the petitioner.
His Excellie did acquaint the board that hee did receive informaon Saturuday night, that after the dissolution of the Assemblie, David Loyd, with the Representatives, returned to the place of their ses- sions, and david Loyd assumed the chair, and said they wer not dissolved until they had dissolved themselves also, and caused some minute to be entred upon record.
His Excellie desired the opinion of the Councill to send for the Clark of the late Assemblie, together with the minutes of their Journall, Which the Councill doe approve of.
Ordered, Jnº Claypoole, Esq' sherif of philadelphia, doe forthwith - bring the Clark of the assemblie, with the minutes or Journall of their House, befor his Excellie in Councill.
His Excellie did give to understand that the assemblie did insinuate in their Remonstrance, that something in the former Assembly was done in ans' to the Queen's Letter, produced the act to the Councill, & demanded the opinion of the Councill whether it doth appear that they have given anie thing to ans" the Queen's Letter.
It is the opinion of the Councill that ther was nothing granted in the first assembly to enable his Excellie to ans" the Queen's Letter, nor anie thing proposed in the Last Assemblie that could be construed that way.
It is the opinion of the Councill, nemine Contradicente, that his Excellie, the Governo', hath proceeded in all matters in this Late Assemblie with great prudence and moderation, and with their Con- sent and advice, and not otherwise.
The Clark of the assemblie Having brought the minutes or Journall of the Assemblie, It found entered that upon the Governor's request they did adjourn to the Councill chamber, after his Excellie the Go- vernor, had dissolved the assembly In hæc verba is entred. Upon their Return the Speaker Reports that the Governor was pleased to dissolve this house, & it is accordinglie dissolved.
The Comrs of the propertie of M' penn gave in their report con- cerning the ferrie at Skuillkill, that it is the undoubted right of the
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proprietor. His Excellie gave his opinion that they ought to main- tain & support the proprietor's right in his ferrie, as they had done formerlie, And ordered a warrant Issue to the keeper of the said ferrie, requiring him to pursue the rules yrof, and a prohibition to all others from offending ag' the said rules, or using anie other ferrie within foure miles distance on either side the river, of the proprietor's ferrie.
The petition of sundry freemen & Inhabitants of philadelphia, praying that the street upon the bank in philadelphia, of thirttie foot breadth, as the same is agreed upon by the Inhabitants and possessors, under hands and sealls, by Indentures, may be Laid outt, and sur- veyed and cleared, and afterwards Held and reputed a street of the said Town of philadelphia, by the name of Delaware street. And It is Ordered therupon, that the said street shall be Laid outt & surveyed forthwith, and afterwards, as soon as possible, may be cleared, accord- ing to the sd Indentures and agreement, To be Held, reputed and taken as a Comon street of the town of philadelphia, by the name of KINGS-STREET.
[15th June, 1694.
Att a Councill Held att philadelphia the 15th day of June, 1694. PRESENT:
His Excellie BENJAMIN FLETCHER, &c.
WY MARKHAM, Esq'., Leivt. Governo'.
And Robeson,
Rob' Turner, Esq".
Wm. Clark,
pat. Robeson,
7 Law Cock, . Esq".
His Excelly told the Councill how manifest it is to ym all, How his Excelly has tendered the Queen's Letter to the assemblie, & proposed something to be done by them in ans' yrto, in a manner agreeable with the principles of the people, & that nothing is done in ord" y'unto. That the Queen's Letter is directed to his Excellie & not to the assem- blie, Therfore desires the advice of the board, If it be not proper for his Excelly to array the whole province and detatch att Least fiftie men for the assistance of albanic, or if ther be anie other way Left his Excellie to answer the sd Letter since the assemblie have shutt their purses ag' the king.
Resolved, the Councill doe draw up their answer to his Excellies proposall in writting, und their Hands.
His Excellencie, with advice and Consent of the board, did sign a proclamation for the encouragment of the proprietor's ferrie over the Skuillkill.
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[26ª June, 1694.
Att a Councill Held att philadelphia the 26th day of June, 1694.
PRESENT :
His Excellie BENJAMIN FLETCHER, &c.
WM. MARKHAM, Esq'., Leiv' Governo'.
And Robeson, Wm. Salway, ₾
Rob Turner, .Esq". Law" Cock, Geo. forman,
Esq".
pat. Robinson,
Ordered a warrant Issue to the Receiver Generll, for the paym' of the whole Amount of the Tax raised by the pennie in the pound, granted by the assemblie, anno 1693, to Andrew Robeson & patrick Robinson, Esq"., who are by his Excellic appointed to dispose y'of as his Excellie shall direct, for y' maties Service.
His Excellie did Recommend to the Leiv' Governo' and Councill the care of the Government during his absence, that they will endea- vour the peace and prosperitie y'of, and heall the divisions & Contro- versies that may happen amongst the people. Soe bid them farewell.
[6] July, 1694.
Att a Councill Held att philadelphia the Sixt day of July, 1694.
PRESENT :
COLL. WM. MARKHAM Esq'., Leiv' Governo'.
And' Robeson,
Law' Cock, - Esq".
Rob' Turner, Esq".
pat. Robinson, L
The Leivt. Governo" acquainted the Councill That the occasion of his calling them together was, that yesterday Lacey Cock, Esq'. in- formed him that the Delaware Indians were come down to discourse him.
Hithquoquean, kyanharro, Shakhuppo, Oriteo, Menanzes, Mo- hocksey, Tamanee, Alemeon, with severall others of the Delaware Indians, were admitted.
Hithquoquean (in name of the rest of the delaware Indians) took outt and Laid down a Belt of Wampum, which hee said was sent to ym by the Onondages & Senckaes, who say, you delaware Indians doe nothing but stay att home & boill yo' potts, & are Like women, while wee Onondages & Senekaes goe abroad & fight ag' the enemie, The Senekaes wold have us delaware Indians to be ptners w' ym to fight ag' ye french, But wee having allwayes been a peaceable people. & resolving to Live so, & being but week and verie few in number. cannot assist ym; & having resolved among o'selves not to goe, doe Intend to send back this their belt of Wampum. Mohocksey said : The former belt sent by the Onondages & Senekaes, is sent to us all. & wee have acquainted one another w' it, & tho' wee live on the other side of the river, yet wee reckon o'selves all one, becaus wee drink one
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water. Wee have had a Continoued friendshipp with all the Christi- ans & old inhabitants of this river, since I was a young man, & are desirous to Continou the same soe Long as wee Live ; And gives a Belt of Wampum.
Tamanee said: Wee and the Christians of this river Have allwayes had a free rode way to one another, & tho' sometimes a tree has fallen across the rode yet wee have still removed it again, & keept the path clean, and wee design to Continou the old friendshipp that has been between us and you ; and gives a Belt of wampum.
The Leiv' Governo' said, That by three of the Clock in the after- noon hee wold consider & give ym an answer.
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3 a clock afternoon, præsentibus ysdem ; except Andrew Robeson.
Law' Cock, Esq'. acquainted the Lt. Governor that kyanharro & Oriteo, two Susquehanna Indians present, had something to say, and in respect they could not be understood, desired Menanzes to speak for ym.
Menanzes sayes, That a certain Indian king (being kyanharro's old acquaintance) having Come from the Cayogues to kyanharro's house To see him, and on his way the sd king and his kyanisse Indians had some mischance befallen ym, for the Titwa's, the naked Indians, fell upon ym; But the sd king & his kyanisse Indians fought their way through ym & gott to kyanharro's house, where they desired to re- main & be entertain'd in a peaceable Countrie. Menanzes in their name gives six deer skins. To whom kyanharro replied : You are of my blood; I cannot denie you, but must receive you ; and the sd kyanisse Indians desired that kyanharro wold speak with the Christi- ans that they wold receive ym with the same kindness as hee did, and y' as they are here protected by the Christians, the sd kyanisse Indi- ans hope to meet with the same protection. Gives six doe skins.
The Leiv' Governo' acquainted those Indians that on the 4" instant, Jn° Budd informed him that an Indian king of West Jersey, with other Indians of this place, told him that from a meetting they Latelie had within 25 miles of this governmt, they brought two belts of wampum & delivred ym to Capt Cock, to present ym to his Excelly in ord' to a treatie for confirming their former Leaque with the English ; that they complained that they had severall dayes delivred in their belts & could have no hearing, but wer putt off by promises that they should be heard one day after another. They tarryed in town eight or nine dayes, & that about thirteen daves since Mohoksey's son came here & acquainted him, the sd Budd, that hee was sent to see if the philadel- phians could give him a good word back ; And that about ten dayes since the sd Informant being att peter Stallcupp's house, in Newcastle County, said Stallcupp told him that an Indian called Nescacatho, then informed an Indian king named Awahelah, saying Verie ill news, (repeating it again,) & said you know that from such a meett- ing wee sent two belts of wampum in ord' to a treatie, But the Go' of
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newyork wold not treat with us, & they have had in philadelphia a great number of men, with drums & guns, &c; & the same att New Castle while the Go' was there, & y' hee went thence to Maryland, w' such speed y they killed two horses in the way, which things Look w* a verie ill design ; wee believe y' there is no good meant by the English ; there is some speedie matter in hand. The sd Budd further saith y' Last Moonday hee acquainted Joseph Wilcox w' the substance of the abov wrttin.
The Lt. Go' askt the Indians if the sd informaon was true: they ansred it was all false, ther was no such meetting, nor no such design to treat wt Go" Fletcher, nor no Hearing ask", And if Mo- hocksey's son or their young men when drunk, told Jnº Budd anie such thing, hee should not make a storie of it unles hee had had it from their Sachims. Law" Cock also said, that the two belts wer given him by Tamanee & Hithquoqucan, to be keept for ym till they should call for them.
The Leivt. Go' told M' Budd, that he was much to blame for giving his Informaon first to the Justices, (who never acquainted him of it, nor of his Informaon,) especiallie since it concerned the peace of the province in Generall, & for y' hee came not to him till hee was sent for, and that if hee Comitted the Like again hee should not goe unpun- isht, & soe dismist him.
Then the Lt. Go' (by Law" Cock, esq'. Interpreter,) answered the Indians : You did verie prudentlie to Consider well how you entred in a warr wout advice & consent of their Maties of great Britain's Chief Go' here, who is Governor of New york. I heare there are sober & wise men among you, & ther's an old man who cannot come down, who can give you good Counsell, & you must be Considerate in what you doe, for wee have enemies round about us.
It's but of Late that wee took up armes, & I assure it's not o' design y'by to make warr upon you, nor upon any others ; but thereby to be in a Capacitie and readiness to defend o'selves and you from o' & yo Comon enemie the French, if they should happen to assault us or you.
His Excellie the Go' of Newyork is also Chief Governo', & came hither to see what men and monie hee could raise for the defence of Albanie the frontiers from the French & Indians; Hee caried some monie with him but suffered o' men to stay att home to defend ymselvcs & their Countrie ag' the french. While here He enquired how o' In- dians and wee Christians agreed ; We answered that for manie years wee had Lived as brethren. He desired wee might Continou our friendshipp, for said hee, The enemie of one is the enemie of both. The Leiv' Governor also said : If the Senekaes send again to you doc you send to me, and Ile send an express to Newyork, and His Ex- cellie will take care that the Senekacs shall doe you no Injury. Son they all departed, verie well satisfied with the Lt. Governor's answer.
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[2' August, 1694.
Att a Councill Held att philadelphia the 2ª day of August, 1694. PRESENT : .
COLL. WILLIAM MARKHAM, Esq'. Leiv' Governo'.
And' Robeson,
Rob' Turner, Esq".
Pat. Robinson,
Wm. Clarke, esq".
The Lt. Go' produced to the Councill an ord to him from his Ex- cellie the Chief Go', Requiring him upon receit yrof, yt hee Cause Charles Sanders, esq. to be Sworn one of the Councell of the pro- vince of pennsilvania & Countrie of Newcastle ; Which was accord- inglie done : And the sd Charles Sanders having taken the oaths appointed by act of parliament to be taken in stead of the oaths of allegiance and Supremacie, & subscribed the Test, Took his place att the board accordinglie.
10 August, 1694.
Att a Councill Held att philadelphia the 10th of August, 1694. COLL. WILLIAM MARKHAM, Esq'. Leiv' Governo".
And Robeson, Rob' Turner, Esq".
Law' Cock, r
Geo. forman, pat. Robinson, Charl. Sanders, ( Esq".
William Clark, Esq . exhibited an Informaon to the Leiv' Governo' & Councill, setting forth that att a Councill held att philadelphia on the 10"> of aug', in the sixt year of y' Maties reign, before the Lt. Go" & the rest of the members of their Maties Councill, personally ap- peared the sd Wm. Clarke, esq', Collector of their Maties Customes in the sd province & Territories, who (as well on the behalf of ye king & Queen as of his Excellie, the Governor of ye sd province, as also on the behalf of the sd Wm. Clarke,) in this Case prosecutes, gave the Councill to understand & be informed y' hee, the sd Wm. Clark, had on ye 21ª of July Last, att Lewis, in Sussex Countie, in the Countrie aforesaid, seized on sundrie goods, wares, Comodities and merdizes imported thither, of the growth, production or manufac- ture of Europe, wch were not bona fide & without fraud laden & shipt in England, Wales, or ye Town of Barwick upon Tweed, & in Eng- lish built shipping, or wch were bona fide bought before the first day of October, 1662, & wherof the M' & three fourths of the mariners att least, are English, & caried directlic thence to ve Lands, islands, plantaons, Territorics & places to their Matics belonging in Asia, Africa or America, Tangier onlie excepted, and from no other place or places whatsoever : As also, that hee, the sd Informant, had Like- wise seized on sundrie other goods & merdizes for which their Maties Customnes & duties were not dulie & trulie paid, (the particulars qrof
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are, viz: One small bale of fine Linnen, 2 baggs of Cocco nutts, 14 peices painted Callico's, 14 peices Strypt Linnen; 2 peices of figured Linnen & woc'len, 2 pcices of Strypt Linnen & woollen, One Rem- nant of ferrandine, 15 Cards of Lace, One bagg of Cinamont, 15 papers of silk, 13 peices of Holland or white Linnen, One Remnant of alamode Silk,) Contrarie to the Laws and Statutes in that Case made and provided : And therfore, the said Informant Craves the Judgment of the Councill ag' ye sd goods and merdizes, & whether they ought not to be forfeited & disposed of, according to the direction of the aforesaid acts of parliam': WM. CLARK.
After reading grof appeared George parris, owner of the sd goods, who had nothing to say for his owne defence nor in defence of the sd goods, And therfore, Judgm' past agt the sd goods, warcs, and merdi- zes, that they were forfeited, and that they should be disposed of according to Law ..
Ordered that the Secrie Issue a warr" to George Heathcote, philip Richards, & Jnº Whitpain, Mertz, or any two of ym, forthwith, upon their oath or attestaon, to apprize & Value the sd goods, & to make return yrof into the secries office, wch was accordinglie done : And which apprizers made Return of the sd warr' into the sd office, & valued the same att eightie-two pounds monie of this province, as the sd warr' & return yrof, und' the hands & sealls of ye sd philip Rich- ards & Jnº whitpain remaining on the files of Councill, more att Large proport.
Att the same Councill, psentibus ut antea & Wm. Clark.
A Lett' from Jnº Brinkloe, Geo. Martin & daniell Jones, esq"., Some of the Justices of peace for the Countie of kent, dated 4"h Aug', 1694, was read, grin they Signific to the Lt. Go' y' att the time when their Last Courts of quart' sessions & Comon pleas should have been held, according to their Last adjournment, The sd Geo. Martin & daniell Jones appeared att the place appointed, & wer willing to hold Court, but In° Curtis, another of the Justices, wold not sitt, & Jnº Betts, another Justice, sent word by a Constable y' hee wold never sitt there, meaning att James Maxwell's, att the Head of Jones's, wherfor they look on y' Comission void; And there being severall actions of moment depending, they request the Lt. Go' to give new Comissions. The Lt. Go' desired the advice of the Councill therin.
It was the Unanimous Opinion of the Lt. Go' & Councill, that his Excellies Comission, both for the Quart' ss. & Comon picas to ye sd Countie of kent, are in force, notwithstanding the sd Justices neglect.
Resolved, that an ord' be sent to the Justices of ye peace of the sd Countie of kent, from the Leiv' Governo", to hold their Courts accord- inglie.
Ordered that the provinciall Judges in their next Circuit, der Inspect and Inquire into the disorders in the Countie of kent, in references to the times & places of holding their Courts, & to sen what may be the most proper place in the sd Countie to hold their Courts in, for the most Universall case of the sd Countie, and to make report to the Leiv' Go' & Councill.
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The necessitie of a provinciall Judge in the room of Jnº Cann, Esq'. deced, was urged to the Lt. Gor., there being manie appcalls depend- ing to be tryed in 7br next, which if delayed to be tryed would give occasion of Complaint.
THe Leiv' Governo' named Anthonie Morris, esq'. a fitt person to discharge y trust, which was agreed to by the Councill, & orders hee should take the oaths & test next sitting of the Councill, & y'a Comission be prepared for him.
4th Decemb', 1694.
Att a Councill Held att philadelphia the 4ª day of december, 1694.
PRESENT :
WM. MARKHAM, Esq'., Livet. Governo'.
Rob' turner,
Law' Cock,
pat. Robinson, Esq".
Charles Sanders, esq".
Upon reading the petion of Andree doze & others, setting forth that they having obtained two Judg's ag Sam" peres, for 1391 & 101 damages, w cost of sute, & y'ye Lt. Go' Having putt a stop to the execuon till his Excellies pleasure should be further known, yrfor requesting ye Lt. Go' would decide the bussines according to his Ex- cellies directions, to prevent their ruine,
It was ordered y' the sd Sam" peres should give fresh securitie to the petitioners in 300b. to satisfie and pay ym all such sums of monie, costs, damages & charges as hee should be adjudged to pay, & to be Condemned in by the sentence of the Leiv' Go' and Coun- cill upon the sd appeall, who accordinglie became bound with Sam" Holt, by obligaon bearing date 4 decemb3, 1694, in ya sd sum of 300lb, & y as full a Councill as could be gott be Sumoned for decyd- ing y^ sd matter.
25ª December, 1694.
Att a Councill Held att philadelphia the 25ª day of december, 1694.
PRESENT :
WM. MARKHAM, Esq'., Leivt. Governo'.
Rob' Turner,
Lacey Cock, S Esq". pat. Robinson,
Ch. Sanders,
Esq".
The Lt. Go' produced to the Councill an ord' to him from His Ex- cellie the Chief Governo', requiring him upon receit yrof, that hee Cause Griffith Jones, Esq. to be sworn one of the Councill of y' province of pennsilvania & Countrie of New castle, wch was accord- inglie done : and the said Griffith Jones having taken oaths appointed by act of parliam' to be taken in stead of the oaths of allegiance & Supremacie, & Sub' the test, took his place att the board accord- inglie.
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Sam" peres appearing before the Lt Governo' & Councill, did ex- hibit to ym a receit und' ve hand & seal of Andree doze. for himself & as attornie for Jeffrey Martin, Mathurin Sampson & peter Mor- reau, qrin hee released & discharged him, ye sd Sam" peres, from all legacies left unto ym by peter debuc, & from all suits, Judgments or execuons by ym, or anie of ym, obtained ag' him, and from all sums of money, debts, dues, Legacies, costs of suits, either in Law or equitie, or anie other demands whatsoever, from the beginning of ye world to the day of the date hereof, being ye 221 day of de- cembr. 1694, & Sealed & delivred in presence of david LLoyd & Jnº Claypoole, & acknowledged upon the back yrof to be the act & deed of yª sd Andree doze, before pat Robinson, Secrie, And yrfor Requesting his bond of 3001b to be delivred up to him Can- celld : Which was accordinglie done.
THe Secrie exhibited to the Lt. Go" & Councill the Copie of the record of the provinciall Court held for & in kent Countie, the 9th, 10" & yth dayes of Octobr, befor Wm. Clark, Edward Blake & Richd Halliwell, esq"., making mention ytan ord from the Leiv' Go' & Councill being read, for the provinciall Judges to inspect & Inquire into the disorders of the sd County of kent, in reference to ye time & places of holding their Courts, & to see what might be the most proper place in the sd Countie to hold their Countie Courts in for the most Universall ease of the sd Countie.
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