USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 47
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
THeir Report (in ans? to the minute of Councell the 10" of aug., 1694,) was, That the matter being largelie debated by the Judges & Justices of the sd Court, the grand Jurie, & severall persons of the sd Countie being then present, It was Unanimouslie agreed upon that for the future the sd Countie Courts should be held & keept on some part- of ye Land belonging to W'm. Southersby, situate on the south side of the Head of dover river, wch is next adjoining unto david Morgan's Land, And that the absolute decree & Sentence of the sd Judges was accordinglie, & that it be as near a Landing as may be, and there the same to Continoue.
PROVINCE OF PENNSILVANIA & COUNTRIE OF NEW. CASTLE, 10 APRILL, 1694.
Minutes of Councill in the Assemblie; Anno R. Ret. Ræ. Willielmi et Maria, Num Anglia Sexto.
Att a Councill Held att Philadelphia on Tuesday the 10+ day of Aprill, 1694.
PRESENT :
COLL. WM. MARKHAM, Esq'., Livet. Governo'. Andrew Robeson, )
WVm. Clarke, ₹ Esq".
Rob' Turner, SEsq".
George Forman, -
Wm. Salway,
pat. Robinson, Secrie.
7
T
ΤΙ ΘΕΝΤΑΙΚΙΟ · ΑΠΟΚΟΙΜΙ
٦
417
PROVINCIAL COUNCIL.
His Excellie Benja Fletcher, the Chief Governor's Lett to the Leiv' Governo" and Councill, bearing date the 26th of March Last was read, which is as follows, Viz:
" Gentl., I did resolve to meet you & the Assemblie the 10th of " Aprill next att philadelphia, and was to sett out from hence to " morrow Seven-night, but that by Later intelligence from Albanie, " I am advised of other messengers from Canada come to draw over " o" Indians, as is pretended, to hold a Conference with Count Fron- " tiniac, concerning peace, Wherupon o' Sachems are verie desirous " forthwith to see mee thither. The Councill being of opinion that " this Service is first to be attended, I think fitt to adjourn the " Assemblie of pennsilvania and Newcastle to the first of May next " ensuing, And require the Leiv' Governo" by these pnts, to adjourn " the sd Assemblie to the first of May next accordinglie. I shall en- " deavour to be with you then. I desire the Representatives of the " remoter Counties to be Imediatlie wrote unto not to give themselves " the trouble of Setting outt too soon; The rest may meet the tenth of " Aprill, be sworn or attested, and then adjourned. Gentl. I am your " verie Loving friend.
"BEN: FFLETCHER."
The persons returned for representatives, Viz: Foure for the Countie of philadelphia ; Sam" Richardson, Sam" Carpenter, Henric Waddey and James ffox. Three for the Countie of Chester ; David LLoyd, Caleb pussey, & Sam". Lewis. Three for the Countie of Bucks; William Biles, phinhas pemberton, and Jonathan Scaife. Three for the Countie of Sussex ; wherof appeared Thomas pember- ton and Roger Corbett, came to wait on the Leiv' Governo' and wer admitted.
The Last two took the Oath" appointed by act of parliament to be taken in sted of the oaths of Allegiance and Supremacie, and subscribed the Test. The other ten did Subscribe the declaraon of fidelitie and profession of the Christian faith, and test.
After which the Leiv' Governo" desired them to goe together and Choose their Speaker. Some time after David LLoyd, accompanied by the above Named Representatives, presented himself to the Leiv' Governo', acquainting him that the representatives there present had made Choice of him for their Speaker, that it was a trust much above his Capacitie, and for discharge wherof hee wast most Unfitt & unable, And therfore beseeched the Leiv' Governo' wold Comand the Repre- sentatives to return and Choose a more qualified person.
The Leiv' Governo' answered, that if they had Chosen anie one of their Number for their Speaker, Hee saw no reason to Object ag him; But you all know some are more capable to perform that dutie than others, and I cannot but well approve of yo' Choice, and doubt not M' Speaker, but you will perform yo' dutie with all sinceritic, and keep a good decorum in the house, and that you'll urge and putt them in mind to a Consideraon & dispatch of what shall be before you of their Maties affairs and Service, and their duties therto.
Therafter M' Speaker desired they might have the Ordinarie privi- ledges granted them, Such as free access to the person of the Leivt.
418
MINUTES OF THE
Governo', A favourable Construction putt upon their words, and free- dom from arrests.
The Leiv' Governo" made ans", that hee granted them all these as freelie & amplie as had been usuall.
Then the Leiv' Governo' told M' Speaker and the Representatives, That his Excellie the Chief Governo', did intend to have mett them here this day, but was prevented by an express from Albanie giving him Intelligence of other Messengers come from Canada to draw over their Indians, as is pretended, to hold a Conference with Count Frontiniac, concerning a peace, wherupon the Sachims were Verie desirous forthwith to See his Excellie att Albanie, and wold bring the messengers along w them thither, The Councill of New york being of opinion that this service was first to be attended. And therfore, his Excellie thought fitt to adjourn this assemblie to the first of May next, and required me to adjourn the same accordinglie. The Leiv' Go- verno' further added, That the affair his Excellie was gone about was of verie great import to this province, as well as to that of New york. and that our future saftie in our persons, estates & trade, did much depend upon the prosperous event of his Excellies going to Albanie, & therfore hoped they wold be well satisfied; that his Excellies absence att this time was Inevitable.
M' Speaker desired, That they might have untill five of the after- noon, In regard the whether was bad & the wind agt the members of Newcastle, who, as they wer informed, wer coming up by water. Which was granted.
Att five the ass mblie came again. Then M' Speaker desired that they might have time till to-morrow morning to consider of some peti- tions Sent them by the Counties whom they did represent, who wold take it ill if in some measure they did not answer their expectations.
The Leiv' Governo' desired them to withdraw a Little and hee wold consider of it with the Councill ; Wher it was resolved, That in respect the provinciall Judges wer to sitt next morning, that it was fitt the assemblie should meet the Leiv' Governo' to morrow, at three in the afternoon.
The Representatives having been called by the messenger, returned, and the Leiv' Governo" gave them time till to morrow, att three in the afternoon, & appointed them to meet him at that time.
[11ª Aprill, 1694.
Att a Councill Held att philadelphia on wednesday the 11ª day of Aprill, 1694.
PRESENT:
COLL. WILLIAM MARKHAM, Esq'., Leiv'. Governo'.
Rob' Turner,
Wm. Salway, LES". George Forman, Esq'.
Wm. Clark, pat. Robinson, Secrie.
The above named representatives appeared. M' Speaker told the
T
419
PROVINCIAL COUNCIL.
Leiv' Governo' that they had considred of what yesterday hee had Laid befor ym, & that they had taken a Longer time than they ex- pected to Consider of severall things, and particularlie the amending of severall errors and mistakes that had been comitted by the Last Assemblie, by reason of his Excellies hast to be gone Last year to the fronteers, and that hee promised them that if anie thing wer amiss, or error in Clarkshipp, it should be amended.
The Leiv' Governo' answered, that it wold not be Long befor his Excellie wold be here, and that then that wold properlie come und" consideraon.
M' Speaker said, that the Law about Stealing was in the List of Laws proposed by the Assemblie in their petition of right, to be con- tinoued, & yet was ommitted by their Clark to be engrossed in the roll of Laws signed by the Chief Governo', and yrfor requested that that Law might be added to the sd roll, especially since for want yrof, people might be exposed to a triall for their Life for every small & trifling theft.
The Leiv' Governo' answered, that the reason why that Law was not continoued was becaus his Excellie Lookt upon it to be repugnant to the Laws of England.
M' Speaker said, that att the conference Last year held by some of the members of Councill & assemblie, they endeavoured to reconcile that Law to y& Law of England, & to show that it was not repug- nant.
The Leivt. Governo' told ym that hee had wrote to his Excellie about that Law to be continoued ; and his excellie in his ans", put the Judges & Justices in a way which wold effectuallie take off anie danger that the people might be in for want of the sd Law : And the Leiv' Governo" further added, that since they wer to be adjourned, He intended not to medle with Legislation; and if they wold have anie Law that might be beneficiall for the province, They might propose it to his Excellie when he came, & hee doubted not but his Excellie wold give ym full Satisfaction.
M' Speaker said, that their Clark was drawing up something to present to the Leiv' Governo' & Councill, which hee desired them to consider off, and that it wold be quicklie readic.
The Leiv' Governo' told them that his Excellie was positive to him to adjourn ym.
M: Speaker desired to see the Order, if it might be.
The Leivt. Governo" answered that hee had such orders, and that they must take his word for that.
M Speaker desired that if they must be adjourned that it might be to a Longer day than the first day of May next, In respect the yearlie meeting att Salem was to begin the 27th of Aprill, and that the representatives wer desirous to be there, and other conveniencies to the members of the Lower Counties, which the Councill was not Un- acquainted with, and therfor, that it might be to the 20th of May next.
The Leivt. Governo' desired them to withdraw a Little and hec would advise with the Councill about it ; which they did.
-
1
U ...
420
MINUTES OF THE
The Leiv' Governo' caused read his Excellies Letter the second time, and upon the whole, did putt it to the vote whether it was Con- venient to adjourn the Assemblie to a further day than was mentioned in his Excellies Letter, and it was caried in the affirmative.
A member of Councill mentioned the tenth day of May; others desired that it might be Longer ; And the 20' of May falling on a Sunday, The Leiv' Governo' did put it to the vote whether to adjourn the Assemblie to the tenth or 221 of May next, and it was caried to the twenty second.
The Representatives again appeared, and M' Speaker presented to the Leiv' Governo' and Councill a Remonstrance in these words : " To the Leiv' Governo" and Councill of the province of pennsil- " vania, Countrie of Newcastle, & the territories therto belonging. " The Remonstrance of the Representatives of the ffreemen of the sd " province & Countrie in Generall Assemblie mett, Humblie Sheweth: " That whereas, wee being att this time Conveened by Virtue of the · " Leivt. Governo" writts, which gave us no other expectation but " that wee might proceed in Legislation & redressing the grievances " of the people whom wee represent ; But since wee are given to un- " derstand that Governo' ffletcher, by reason of some emergencie, is " prevented of being present at this Assemblie, and so it seems gave " ord' to this effect, That as soon as wee wer put in a capacitie of " acting as an Assemblie, wee must be adjourned befor we can ac- "complish the Countries bussines, Which wee Conceive to be not "onlie inconsistent with the tenure of the sd writts, & the necessarie " priviledges of a Legislative Authoritie, but also, with the powers " granted our Leiv' Governor by the king & Queen's Letters patents; " Therfore, wee desire you take it not amiss If wee so farr Assert "our priviledges as to adjourn our Selves, in Case you think not fitt " in the Chief Governor's absence to proceed according to the writts " aforesaid, in ord to make Laws, & to redress the agreivances of " the sd Countrie, Some of which are as follows:
-
"1". That wee have not the Catalogue of the Laws, with the pre- "amble to them, and the Governor's approbaon of ym, which wer " declared by the petition of Right in the Assemblie Last year to be in " force, that Justice may be administred according to the sd Laws in " the Severall Courts of Justice in this province & Countrie.
" 21. That the Late Law for appealls, which gives Libertie to ap- " peall both in Law & equitie, Wherby the Judges and Justices of ye "peace have too great Libertie to destroy or make void the Verdicts " of Juries, without due care be taken; Wherfore, wee desire that the " Judges and Justices of ye peace may receive instructions & Caution " from you not to decree anie thing in equitie that may make void the " Verdicts of Juries, or Judgments before given in Law, in the same " Cause.
"3 :. That the power given by the Late Law for raising money by " the Justices of the peace in their rexive Counties, may not be made "use of to the dissatisfaction of the Countrie, But that the Justices " may be Cautioned that what monie is raised to defray the publick " charge of the Countrie, may be done by the approbaon of the grand
一
421
PROVINCIAL COUNCIL.
"Jurie, or other Sufficient Inhabitants of the severall Counties, to as- " sist in and approve the severall taxes to be raised, and to have the "Hearing & examinaon of the accompts of the severall receits & " disbursments.
" 4th. That the omissions in the Late Laws by the Clark appointed "to transcribe ym, may be Corrected, and the Laws, or such parts " of the Laws as are Left outt, may be entred in the roll of Laws.
"5th. That the monie granted to be raised the Last Assemblie, for " the support of this government, may be accordinglie Imployed to " the use it was intended, & that an accompt therof be given att the " next Sitting of Assembly, according to the true intent of the said " act and makers therof.
" philadelphia, the 11th 2 m, 1694. Signed by order of the house, DA. LLOYD, Speaker." " by
Which having been read, The Leiv' Governor desired M' Speaker to take it again, & att the next sitting of Assemblie they might offerr that, or anie thing else, to his Excellencie's consideraon.
M' Speaker answered, that hee had orders from their house to pre- sent that Remonstrance to the Leiv' Governo', but had no orders from them to take it again.
Then the Leiv' Governo" said: M' Speaker, The Councill having taken into their cansideraons the reasons for yo' desire to be adjourn- ed till the 20" of May, which will fall on a Sunday, They have ad- vised and Consented that you should be adjourned to the 224 of May next ; And accordinglie, I doe adjourn you to the sd day, Hopeing to meet again att that time as good friends as wee part. So, gentl., I wish you well to yo' homes.
M' Speaker. Wee thank the Leiv' Governo' ; & departed.
[21st May, 1694.
Att a Councill Held att philadelphia on a Moonday, The 21" of May, 1694.
PRESENT:
His Excellencie BENJAMIN FLETCHER, &c.
Wx. MARKHAM, Esq'., Leiv' Governo'.
Andrew Robeson, ?
Robert Turner, SEsq".
patrick Robinson, J
Wm. Clark, Lawrence Cock ŠEsq"
His Excellie did Signifie to the Councill that hee had Sumoned ym to Consider of what is propper to be offered to the Assembly for their Maties' service. It is the opinion of the Councill that no monic will be granted.
Adjourned till to-morrow morning.
36
422
MINUTES OF THE
[224 May, 1694.
Att a Councill Held att philadelphia on a Tuesday the 22ª of May, 1694.
PRESENT :
His Excelly. BENJAMIN FLETCHER, &c.
WM. MARKHAM, Esq'., Leivt. Governo'.
Wm. Salway,
pat Robinson,
Andrew Robeson, - Robert Turner, Esq". Wm. Clarke, Geo. forman. {Esq".
The rest of the Representatives that wer not attested, nor had taken the oaths & Test, Viz: Richard Hallywell, Henry William & Jnº Donaldson, for the Countie of New castle, took the oaths ap- pointed to be taken in Stead of ye oaths of allegiance and Supremacie, and subscribed the test. John Brinckloe & Richard Wilson, for the Countie of kent, and Luke Watson, for the Countie of Sussex, did the same. Edward Blake & Wm. ffreeman, for Newcastle & kent Counties, did subscribe the declaraon of fidelitie & profession of the Christian faith, & Test.
Adjourned till to morrow morning.
234 May, 1694.
Att a Councill Held att philadelphia on Wednesday the 23ª of May, 1694,
PRESENT :
His Excellie BENJAMIN FLETCHER, &c.
WM. MARKHAM Esq"., Leiv' Governo'.
Andrew Robeson, ? Lawrence Cock, r Robert Turner, Esq". William Clark,
Pat. Robinson, George Forman.
His Excellie Ordered Secrie Robinson to Call the Speaker and Assembly. The Speaker and Assembly being present, His Excellie spoke to ym as follows:
" M' Speaker, and you Gentl. the Representatives of this province,
" I had designed to have mett you here the tenth of the Last mo, " according to the writts which I directed to Issue for calling this as- " sembly, But their Maties service required my hastie repair to Albany, " upon Intimation that the five Indian nations ( who have hitherto " been faithfull to the Crown of England,) wer now debauched to " the french interest, and entring into League with the Governor of " Canada.
" This Defection appeared to mee with so ill an aspect when I con- "sidred the Consequences of it, not onlie to New yorke, but to this " province & all the nighboring Colonies, that I thought myself " obliged to Lay all other bussines aside, & apply the outtmost of my "endeavours to prevent so great a mischief. I could willinglic have " spared my self this journie, if my dutie to their Maties & my affoc- " tions to you, their subjects of this province, had not Compelled me " to it.
-
423
PROVINCIAL COUNCIL.
" I am therfore Come with a true & Unfeigned Zeal for your saftig " & prosperitie, to Lay this Matter before you ; and in order to your " full satisfaction, I have brought with me the papers relating to the " Conference I had Latelie with these Indians, by which you may see " what they alledge. I must also assure you that yor Indians here " will be compelled to join in this fatall Confederacie.
" I have Latelie seen, with a heavie heart, fourescore fine farms "all deserted about Albany, after the great expence of the owners in " building & Improving, which has been occasioned rather by the "unkindness of our Nighbours, who refused us their assistance, than " by the force of the enemie. Could we have found mon to secure " our advance posts, Conestiguna and the Half Moon, these farms " wold have flourished still. I pray God this Leprosie may spread no " farther ; but I much doubt those who have shutt their eyes att a " distant danger, will find it come to their owne doors.
" I am bound, as well in Justice as gratitude, to acknowledge our " Nighbours of the Jerseys have done more in the Comon defence than " all the other adjacent provinces : they sent us foure Hundred pound " in Silver, Sixty odd proper men, well armed, who passed upon dutie " on the fronteers one year. They have now sent up thirtty men att " their owne Charge, and Considred of a way for their maintainance " during the warr.
"Gentl., I consider yo' principles that you will not Carie arms " nor Levie Monie to make warr, though for your own defence, Yet I " hope you will not refuse to feed the Hungrie and Cloath the Naked. "My meaning is, to supply those Indian nations with such necessa- " ries as may influence them to a Continouance of their friendship to " those provinces. And now, Gentl., If you will consider wherin I " may be useful to you, according to the Tenor of my Comission, in "redressing yo' greivances, (if anie you have,) you shall find me " readie to act by the rules of Loyaltie, with a true regard to Libertie " & propertie."
Majo' John donaldson, Sam" Richardson, & Capt. Luke Watson, from the representatives, desired the Copie of his Excellie's Con- ference with the Indians of the five Nations att Albany, for the peru- sall of the House, which are ordered them accordingly.
Major donaldson, with foure others of the Assemblie, in behalf of the house, did give his Excellie thanks for his favorable speech, & desired they may have a Copie of it, which his Excellie ordered to be delivred so soon as Copyed.
Andrew Robeson, Rob' Turner, Wm. Clark, & Wm. Salway, Esq"., are appointed a Committee of the Councill, to Inspect the exe- cuon of the act of assemblie granting to their Maties the rate of One penny in the pound, to Calculate the amount yrof, how much paid, how much in arrears, the Nett value in Newyork monie, and in Sterling monie of England, and what may be the most proper me- thods to be used for gathering in the arrearages forthwith, and to make report to his Excellie in Councill to-morrow afternoon.
Adjourned till to-morrow morning.
1.
٠
424
MINUTES OF THE
[26 May, 1694.
Att a Councill Held att philadelphia the 26th of May, 1694.
PRESENT:
His Excelly BENJAMIN FLETCHER, &c.
WHY. MARKHAM, Esq. Leiv' Governo".
And' Robeson, Rob Turner, Esq". Geo. forman, Lacy Cock,
pat. Robinson,
Wm. Clark, 7 Eg .
The Speaker and the whole house attended his Excellie.
The Speaker did address his Excellie, Saying, that the house had appointed a Committee to Consider of amendments in the Laws past. & desired to know of his Excellie if those Laws wer confirmed by their Maties, or disapproved.
His Excellie was pleased to Answer that hee had received no Letter From Court Concerning them, but understood from a private hand in England that manageth some bussines there for the province of Newyork, that the Laws of Newyork and his other government are befor the attornie generall, being referred to him for his perusall.
The Speaker did present some greivances, which his Excellie pro- mised to take into Consideration, with the advice of the Councill, and to remove anie greivance that Lay in his power to doe; and for amend- ments of Laws, that hec should be glad they wold all study amend- ment in Laws & everie thing else.
His Excellie ordered the reading of the proceedings att Albany with the Indians, in the beginning of this Mo .; which was accordinglie donc.
Adjourned till afternoon.
POST MERID .- AFTERNOON.
PRESENT :
His Excellie BENJAMIN FLETCHER, &c.
WM. MARKHAM, Leiv' Governo". And' Robeson,
rat. Robinson,
Roh' Turner,
Esq's. William Clark, S Esq".
The house of Representatives, amongst other greivances, desired that the Clark of the markett in philadelphia may be removed from his office, for severall misdemeanors in the execution therof.
His Excellie in Councill taking into Consideraon that there is no particular charge ag' the Clark of the Markett, It being his priviledge to hear & ans' anie accusation which may be brought ag' him befor the proper Judges,
It is resolved that it is not expedient to remove him from his office until hee be convicted of some misbehaveour to deserve it.
1
-
-
297
PROVINCIAL COUNCIL.
425
The Representatives having desired that the probates of wills may be done in each Countie, His Excellie in Councill did agree, that the wills be proved & administraons granted in the rexive Counties by such persons as shall be appointed for that purpose by the ordinarie.
The Representatives Having also desired that more ferries may be appointed over Skuillkill, His Excellie understanding that the appoint- ment. of ferries is the right of the proprietarie, In respect and Justice to the proprietarie, hath referred this matter to the proprietarie's Comissioners, who are desired to make their report therof.
As to the Complaint for seazing the boat & Imprisoning the boat- man, It appearing to his Excellie to have been done by ord' of the Leivt. Governo & Councill for their proceeding in the ferrie Contra- rie to the proprietarie's appointment, & to his Excellics ord' since: Which is also referred to ye Comrs of his proprietie.
His Excellie appointed Leivt. Governo" Markham, Andrew Robe- son, pat. Robinson, Wm. Salway & George Forman, Esq", a Co- mittee to join a Comittee of the Assemblies for the amending the errors of Clarkshipp & ommissions of the Laws Mentioned in the Last year's Assemblie their petion of right, to meet att eight of the Clock Moonday morning, att the old Councill room, which was accordinglie donc.
The Comittee appointed by his Excellie the 23ª of May instant, to inspect the execuon of the act of Assemblie granting the pennie per pound, Reported to his Excellie in Councill, that having examined the severall rates of the rexive Counties, did find that in most of the Counties there have been great errors & partialitie Comitted by the assessors in Undervaluing their owne & others estates, wherby the whole amounts but to 7601b. 16s. 2d. monie of pennsilvania; In monic of Newyork to about 7001b; In English monie about 5601b; Which 601b. may come short in the Sallaries for collecting the same & in Runawayes, So that the Nett produce may be about 5001b. English money.
The Rates of the Severall Counties, with what is paid to the Re- ceiver generall, and what is in arrears.
LSD LSD 243 0 0
LSD
Countie of philadelphia,
314 11 11
72 11 11
Countie of Newcastle,
143 15 0 000 0 0
143 15 00
Countie of Sussex,
101 01 9 45 0 0Ar. 56 01 09
Countie of kent, Rated,
88 02 10 paid 61 8 4 26 14 06
Countie of Chester,
65 00 07 58 1 0 6 19
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.