USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 48
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Countie of Bucks,
48 04 01
000 0 0 43 4 1
760 16 2 406 9 4
354 6 10
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And the said Comittee Likewise Humblie offerr to his Excellie in Councill, that warrants be forthwith Issued to the rexive Collectors of the severall Counties, requiring then that they speedilie send up the: arrears, which was accordinglie order'd.
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426
MINUTES OF THE
L29th May, 1694.
Att a Councill Held att philadelphia the 29" of May, 1694.
PRESENT :
His Excellie BENJAMIN FLETCHER, &c.
WM. MARKHAM, Esq., Leiv' Governo'.
And Robeson, r
pat. Robinson, Esq™. Lawrence Cock, ?
Wm. Clarke,
Geo. Forman, 5 Esq".
His Excellie proposed to the Councill that since the Assemblie were spending their time and doing nothing in Complyance to what he had offered to them, they be sent for, the Queen's Letter for assisting New york Laid befor them for consideraon, and that they be required to give a positive ans'; Which is approved of.
M' Bleake, &c. from the House of representatives, came to ask if his Excellie wold pass two Laws which that house alledge to have been omitted by the Clark Last assemblie, which his Excellie took to consideration.
His Excellie desired the opinion of the Councill, If those two Laws concerning stealing and robberie should pass or not. Caried in the affirmative.
Ordered that M' Robinson doe Carie back the two Laws to the house of Representatives, and acquaint them that his Excellie is readie to give them such sanction as the rest of the Laws contained in the roll had, And that his Excellie expects they have some regard to what hee had proposed to them, and Commands M' Speaker and the whole house to attend him in Councill in the afternoon.
Adjourned to 3 a Clock in the afternoon.
POST MERID. Three a Clock afternoon. PRESENT :
His Excellie BENJe FLETCHER, &c.
Wy. MARKHAM, Esq'., Leivt. Governo".
And Robeson, - Rob' Turner, ‘Esq".
Pat. Robinson,
Wm. Clark, Wm. Salway, Geo. forman. } . Esq".
His Excellie ordered M' Jamison to desire the speaker & the whole house to attend his Excellie in Councill forthwith, which was done.
The Speaker and Representatives being present, His Excellencie said: " M' Speaker & you genth of the Representatives of this province, " you may Remember that I did desire you to doc something which 1 " thought needfull for their Majesties service and your own preserva- " tion in a way agreeable to yo' owne principles, which is to feed the
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PROVINCIAL COUNCIL.
" Hungrie and Cloath the naked. The Indians of the five nations are " a Barrier and Defence to you & all the English Colonies on this "main; your saftie and interest is Concerned ; they are poor and " naked, and in this time of warr have Lost the Libertie of hunting, " which is their onlie support. They are objects of yo' charitie. I " judged it so reasonable a demand as could not admitt of delay. I " sent you the minuts of my Last Conference with them for yo' satis- " facon, wherby you may see that although they are brought verie "Low and discouraged, yet not so farr gone as to be past retreive ; I " know but two methods to be used with these heathen; they are to be " held by Love and fear. I have been plain with them, and given one "Hundred dayes to Consider of their answer from the time of my " Last Conference, then I intend to meet them with the sword in one " hand and presents in the other.
" Gentl. It were verie Convenient you did supplie mee with some " Considerable present of cloathing and food to be given in the name " of the province of pennsilvania & Countrie of Newcastle : you shall " have a particular accompt of the disposition therof. I doe think of " other methods to gett forces to appear with me, not to trouble or " molest anie of yo: people; This I take to be the onlie way Left att " present to prevent the Indians falling off, and all the Calamities that " will attend it in this province, as well as the rest; you have not as " yet regarded it, for ought I can Learn.
" Gentl. You have the Queen's Letter Comanding assistance to New " york, which ought to have greater force than my arguments : I ex- " pected her Maties Comands would have so far prevailed. The origi- " nall was shown to the Last Assemblie, which I suppose may be "entred in yo' books, or a Copie therof upon file with yo' Clark. I " had no positive ans" from them, & expect one from you.
" Gent. You are witnesses that I am readie to serve you, to doe anie " thing in my power you can think of for yo' ease & Satisfaction. I sett " up for no arbitrarie Comand, have putt no stranger over you, treated " no man rudely, & am as readie to grant what is in my power to serve " you as you to ask. I have as great a regard to the interest of yo" " proprietor as anie man in the government, and wold not goe about to "hurt it ; But I find you slow in bussines, which makes mee think wee "shall have no sessions this time. Gentl. Some of you may Remem- " ber I proposed to the Last Assemblie to Consider of some fund for " the support of the government, which is verie needfull, but they did " not think fitt to Consider of it further than that they franklie & ge- "nerouslie gave a pennie in the pound to their Maties, and designed one " half therof as a mark of their respects to mee, for which I thank ym. "I doe Resolve you shall see how the other part of it is disposed & what " the whole amounts to befor I leave you; I have Issued Orders for the " speedie Collecting of it, and if there is nothing else for you to doe, I " will adjourn for some time untill it come in ; Therfore, gentl. I shall "expect yo' ans" If you'll give anie thing to feed and Cloath our " Indians ; Consider of it, and of what I have now said. Gentl. you " may withdraw to yo' House.
Adjourned till 30ª instant.
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428
MINUTES OF THE
[30° May, 1694.
Att a Councill held at philadelphia the 30 of May, 1694.
PRESENT :
His Excellie BENJAMIN FLETCHER, &c.
WM. MARKHAM, Esq'., Leiv' Governo'.
And Robeson, Rob' Turner, Esq™s. Wm. Clark, Geo. forman, 7
pat. Robinson,
Wm. Salway, r
His Excellie Ordered Wm. Clark, Esq ;. to acquaint the assemblie that his Excellie expects their answer to what he had offered to them yesterday afternoon, & desired to know if ther was anie bussines to offerr ; Who returned in answer that they had nothing to offerr this morning ; that they wer upon the Consideraon of what the Governor spoke to ym yesterday, and believed they should have something to offerr this afternoon.
Adjourned to the afternoon.
[Post merid.
POST MERIDIEM. PRESENT :
His. Excellie BENJAMIN FLETCHER, &c.
WH. MARKHAM, Esq'., Leiv' Governo'.
. Robert Turner, pat. Robinson, Wm. Salway, $Esq".
Wm. Clarke, Geo. forman. r Esq".
Ordered, the Secrie ask the assemblies if they have anio thing else to offerr to his Excellie & Councill this afternoon." The Secrie Re- turned that they had something to offerr presentlie.
Wm. Biles, &c., from the House of representatives, brought up two Bills and presented them to his Excellie; The one Concerning the regulaon of tobacco Cask, the other to stopp the transport of tobacco from Maryland to the Lower Counties, by Land or otherwise, not having first paid the dutie to their Maties.
The said two bills wer read the first time. Ordered a second reading of the bill to regulate the tobacco Cask.
Ordered, The Leiv' Governo", Andrew Robeson and Win. Clark, Esq». be a Comittee of the Councill to conferr with a Comittee of the Assemblie Concerning the bills for regulating the Cask for tobacco. and ag' transporting of tobacco from Maryland, without the king's dutie being paid.
Ordered, Secrie Robinson to acquaint the House of this ord', & desire them to appoint their Comittee, to meet the morrow morning.
Adjourned to the 31ª of May instant.
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PROVINCIAL COUNCIL.
[31ª May, 1694.
Att a Councill Held att philadelphia the 31" day of May, 1694.
PRESENT :
His Excellie BENJAMIN FLETCHER, &c.
WM. MARKHAM, Esq', Leiv' Governo".
And Robeson, pat. Robinson, Esq".
Rob' Turner,
Wm. Clark,
Geo. forman,
Esq".
The Comittee for Considering the two bills Having Returned them with amendments, they wer ordered a third reading, and George For- man to Carie them down to the house.
The house of representatives sent up severall new bills & a regu- lation o1 fees.
Adjourned to the 1 st of June, 1694.
[1" June, 1694.
Att a Councill Held att philadelphia the 1st of June, 1694.
PRESENT:
His Excellie BENJAMIN FLETCHER, &c.
And' Robeson, r Esq". pat. Robinson, Esq".
Rob Turner,
Wm. Clark,
Ordered, the bill for Levying Countie rates be read the first time, which was done. Ordered a second reading.
Ordered, the Law concerning fees be read the first time.
Ordered, the reading of the bill for regulating weights & measures, which was done.
Ordered, the reading of the bill for Continouing three Laws, which was done.
His Excellie Ordered Wm. Clark & Geo. Forman, to acquaint the House of representatives that his Excellie did expect to hear from them something in ans" to the Queen's Letter, to know what they are a doing, and to desire them to dispatch this affair, and appoint a Co- mittee of their house to join a Comittee of the Councill this afternoon to Conferr upon some amendments of those bills sent yesterday.
. The Leiv' Governo", Andrew Robeson, Robert Turner, pat. Ro- binson & Wm. Clark, are appointed the Comittee to Conferr with a Comittee of the House of representatives accordinglie, this afternoon att three of the Clock, in the old Councill roome.
زنك اللور داتال
430
MINUTES OF THE
[24 June, 1694.
Att an Assemblie Held att philadelphia the 24 of June, 1694.
PRESENT :
His Excellie BENJE FLETCHER, &c.
WH. MARKHAM, Esq'., Leiv' Governo".
Rob' Turner,
And' Robeson, - Esq". Wm. Clark,
r
pat. Robinson,
Geo. forman,
¿Esq".
Wm. Clark, Esq'. returned the bills, with the amendments agreed upon to be presented by the Comittees of Councill and Assemblie and humblie Submitted, which wer ordered to be read.
His Excellie the Governo' and Councill doe agree to the bill for regulating weights & measures, with these amendments; That the Governo", with advice of the Councill, appoint the officers in phila- delphia and Newcastle, and the forfeiture of five pounds therin to be to the king.
His Excellie the Governor and Councill, doe agree that the three old Laws ag' usurie, Sale of Intestate's Land, and taking Lands in execuon for debts which did expyre by their owne Limitation, be formed into bills & enacted de Novo.
Ordered, George Forman, Esq". doe require the Speaker and the whole House to attend his Excellie in Councill forthwith ; who giving attendance,
His Excellie said : " M' Speaker and you gentl. the representatives " of this province, there are some Laws which wer Comitted to a Co- " mittee of Councill and Assemblie yesterday afternoon. They are " returned this morning with some amendments agreed unto by the " Comittee. I am willing to agree to what I find the opinion of the " Comittee, Onlie there is one Law which verie much concerns you " & yor posteritie, which I cannot approve of. It is the Law for " raising monie to defray the Countie charges. I disapprove of the ' method which you propose, being repugnant to the Law of England. "You may bring a Slaverie upon yo' posterity after you, which I "will not consent unto. I have the appointment of Justices of ye " peace over you, but I declare I cannot answer for everie person that " is recommended to me for that trust. By the Law of England, if " understood right, no monie Can be raised to defray the Countie "Charge but by the consent of the grand Jurie, which represents " the people of the Countie as you doe the bodie of the whole pro- " vince. I am as willing yo' debts be paid, and everie thing needfull " should take effect for yo' ease and good as yo' selves ; but this I " take to be otherwise. I have no Interest in it nor can have none. " M' Speaker, you must needs know this to be repugnant to the Law " of England, therfore, wold have you Consider of it, & of a proper " method for paying yo' Countie debts, & I shall agree thereunto.
Gentl., There is one thing more ; I wold have you to Lett me know how manie bills you have before you. The time is short, therfor, pray dispatch them.
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PROVINCIAL COUNCIL.
[4 June, 1694.
Att a Councill Held att philadelphia the 4th of June, 1694.
PSENT:
His Excellie BENJAMIN FLETCHER, &c.
WY. MARKHAM, Esq'., Leivt. Governo'.
And' Robeson,
Robert Turner, {Esq". pat. Robinson,
Wm. Clark, } esq".
His Excellie Ordered Secrie Robinson to ask of the Assemblie if they had anie thing to offerr this forenoon, Who returned in ans' that they wold have nothing to offerr till 4 a Clock in the afternoon.
Adjourned till 4 in the afternoon.
[5° June, 1694.
Att a Councill Held att philadelphia the 5th day of June, 1694.
PRESENT :
His Excellie BENJAMIN FLETCHER, &c.
And Robeson, r
pat. Robinson, ‘Esq".
William Clarke,
Esq".
Edward Blake, from the Representatives, brought in a bill for regu- lating fees.
Adjourned to 6th instant.
[6] June, 1694.
Att a Councill Held att philadelphia the Sixt of June, 1694. PRESENT :
His Excellie BENJAMIN FLETCHER, &c.
WH. MARKHAM, Esq'., Leiv' Governo".
And Robeson,
Wm. Clarke, r
Rob' Turner,
Esq".
Law' Cocke, '
¿Esq".
pat. Robinson,
Geo. forman,
The bills ag' Usurie, taking Land in execuon, & sale of Intestates' estates, read a third time ; that of Usurie to be amended, & the word (divided, &c.) taken away, & instead therof : (the one half to the use of the king, the other to the informer.)
The bills about weights and measures, regulating tobacco Cask, & tobacco transported by Land from Maryland, read a third time.
Adjor. to 7th instant.
,
George Forman,
Wm. Salway,
5
432
MINUTES OF THE
[7ª June, 1694.
Att a Councill Held &t philadelphia the 7th day of June, 1694.
PRESENT :
His Excellie BENJAMIN FLETCHER, &c.
Wy. MARKHAM, Esq'., Leivt. Governo'.
And' Robeson, 7
Robert turner
pat. Robinson, Wm. Clarke,
Wm. Salway,
>Esq"3. Law' Cock, Geo. forman,
Esq".
His Excellie Ordered the reading of a bill giving one pennie in the pound, wherof 2001b. to Coll. Markham, 2001b to M' Lloyd, and the . remainder towards presents to the Indians.
His Excellie desired the opinion of the Councill Concerning the sd bill.
The Councill are of opinion that the sd bill Cannot pass, and that it is no answer to the Queen's Letter, nor does anie thing towards the support of the government.
His Excellie sent for the Speaker & the whole house, and then said :
" M' Speaker, &c. You have mistaken the form of the bill. I " can pass no bill to Leavie monie on their Maties Subjects for my- " self, or for the use of anie other person whatsoever. Their Maties, " or their particular service, must be first regarded in all Leavies, " and if you design a favour for Coll .- Markham or M' LLoyd, your " method is to raise a fund answerable to the Queen's Letter and their " Maties expectations for the securitie of the fronteers and assistance " of Newyork, and then to pray their Maties wold be pleased to allow " outt of that sum what you intend for these gentl. I find you gce " about to appoint yo" owne Collector : as you cannot raise monie or " give it to anie cther but their Maties, So you Cannot appoint such " an officer; Indeed it appears an Unmannerlie distrust of the person " in that office alreadie Comissionated, and it Looks Like putting it " outt of their Maties power (if you could) to disallow of yo' act. I
" shall suspend my determination as to the other bill till you Con- " sider better of this, and doe again putt you in mind of a possitive " answer to their majesties Letter."
Adjourned till morrow morning.
[84 June, 1694.
Att a Councill Held att philadelphia the 8' of June, 1694.
PRESENT:
His Excellie BENJAMIN FLETCHER, &c.
Wu. MARKHAM, Esq'., Leiv' Governo".
And' Robeson, 7 Rob' Turner, Esq". Wm. Clarke,
Geo. forman,
ŞEsq".
Wm. Salway, J
M' Blake, &c. from the House of Representatives, presented an
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PROVINCIAL COUNCIL.
address, wherin they pray the passing of the Bill for the 400" to Coll. Markham & M' LLoyd, and alledge it warrantable; which was read.
The said gentl. giving his Excellie accompt that the house are Considering of an ans' to the Queen's Letter, to give them time to deliberate, His Excellie did adjourn till morrow morning.
Adjourned till 9 of June 1694.
[9th June, 1694.
Att a Councill Held att philadelphia the 9th day of June, 1694.
PRESENT :
His Excellie BENJAMIN FLETCHER, &c.
WM. MARKHAM, Esq'. Leiv' Governo".
And' Robeson,
Robt. Turner,
Esq".
Wm. Clarke,
pat. Robinson,
Geo. forman,
Esq".
The memoriall of And' Hamilton, esq'. given in to his Excellie & Councill, was read and recommended to the Consideraon of the Assembly, and was ordered to be caried to them by Wm. Clark, Esq'.
The House of Representatives having Considered the said paper, doe find no Cause att present to add to the Sallerie belonging to the post office as established by the law made here Last Assembly.
M' Bleake, Major Donaldson, Sama Carpenter and Wm. Biles, brought up a Remonstrance in ans" to the Queen's Letter, which was read, viz :
" To Benja ffletcher, Capt. Generall and Governor in Chief of this " province of pennsilvania and Countrie of Newcastle. The Remon- " strance of the freemen of the said province and Countrie in gene- " rall Assemblie mett, Humblie Sheweth: That having read thy " speech delivered us the 23ª of the 31 mo., 1694, as also having " Considered the message sent us from thee and the Councill on the " first day of this M'., with respect to the Queen's Letter, Wee find "upon perusall of the minuts of Assembly held here about 12 M . " agoe, that the rate, or tax, then granted to the king and Queen, was "in Complyance to the aforesaid Letter, so farr as the religious per- " suasion of the most part of that Assemblie could admitt, and " although the said tax amounted to seven hundred and sixtie pounds, " and the greatest part therof paid in by the Countrie to the rexive " Collectors, and (as it seems) in great readiness to be received by " the Treasurer, which wee looke upon to be a verie Considerable " demonstraon of our realitie and affection towards the king and " Queen, Considering the Circumstances and infancie of this place,
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MINUTES OF THE
" and what our nighbouring provinces (who are of much more abili- " tie, but under no Less obligaon than wee are in that respect) have " Contributed upon the Like occasion ; Yet notwithstanding all wec " have done, wee find that wee are not suteablie represented to the " Indians in the Late treaties thou had with them att Albany ; and " not onlie soe, but wee perceive by thy speech that the five Indian " nations (who till of Late have been faithfull to the Crown of Eng- " land) are now drawen over to the french interest, and our Indians " here Like to be Compelled to join in that fatall Confederacie, unles " prevented through thy prudent management in returning the said " five Nations to their former friendshipp with the English ; for the "accomplishment wherof, If what has been raised for support of go- " vernm', (allowing a Competent Consideraon to the Leiv' Go' for his "Last year's service,) or in case anie thing that wee shall Contri- " bute towards the Supplying of the Indians with necessaries for food " and rayment, shall receive that Candor as to be accompted o' assist- " ance, In order to influence and gain them to a Continouance of " their former amitie with these provinces, wee shall with all readi- " ness acquiesce that a Suteable proportion of the monie raised, or " intended to be raised & appropriated by us to that use, Shall be " reputed and taken as a support to this governm'. Therfore, wec " desire that wee may be accordinglie Represented to the Indians, & " not rekoned among those that refuse to Comply either with the " Queen's Letter or thy Just Comands, which otherwise may prove " of ill consequence to us. Signed by ord' of the house, this S" 4ª Mo. " 1694, р. DAª LLOYD, Speaker."
Adjourned till afternoon.
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[Post merid.
POST MERIDIEM.
PRESENT:
His Excellie BENJAMIN FLETCHER.
WY. MARKHAM, Esq'., Leivt. Governo'.
And' Robesons
Wm. Salway, r Esq".
Rob: Turner, Esq". Wm. Clarke,
pat. Robinson,
Geo. forman,
It is the opinion of the Councill that his Excellie dissolve the Assemblie.
Ordered, M' foreman call the whole house of representatives.
M' Speaker and the whole house being present, his Excellie said : " M' Speaker, you have now satt nineteen daves without the Least Consideraon of their Maties Service in the Securitie of the province: you have applied the first part of yo' time in the searching for grie- vances, which will all appear to be the effects of yor owne weakne < in not redressing ym by the due course of the Laws, there not being one of the foure you took such pains to hunt for but must reflect upon yo' proprietor or yo'selves.
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435
PROVINCIAL COUNCIL.
You have Laid some bills before me. First, you desire me to give Sanction to two bills ag' Robbing and Stealing, which tho' (as you word ym) they are not Consonant to the Laws of England, vett att vo' instance and request I doe allow of them, till their Maties pleasure be further knowen. And so for the rest, viz: 21, that for ragulating weights and measures. 34, That for Regulating Tobacco Cask. 4th, That ag' Importing Tobacco by Land from Maryland. 5th, that for Limiting the Interest of money to eight per cent. 6th, That to make land and freehold liable to execuon for debt. 7th, That for Impower- ing the widow and exers. to sell Land for paym' of debts.
These other bills I cannot pass. First, the bill for Countie Levies, which appears most unreasonable and Contrary to the Laws of England and the Comon practice in anie of their Maties dominions, for particular persons to Levie money upon the subject wtout their owne Consent. A grand Jurie att the Quarter sessions doe represent the Countic, and are Judges of the necessarie charges of the Countie, and may present such sums of money as are Convenient for the repairing highwayes, bridges, &c. and the Justices take care to order it accordinglie; But in this Bill the Justices and Representatives of each Countie are empowred wtout a grand Jurie, and ag' their Con- sents, to Levie money att pleasure, under a pretence of paying old debts of twelve years standing. The Second is a Bill for Regula- ting fees. This power is by their Maties Letters patents invested in the Governo' & Councill, & care shall be taken therof, as in the pro- vince of Newyork, to yo" generall satisfaction.
The third is for a Sallarie for Assemblie men of Six shillings a day, I recomended to yo' Care a support for the Leivt. Governo', the Judges & other officers who act by their Maties Comission in this province, To which you have allwayes Lent a deaf care; And I find vo' members of Assemblie have a way to gett their old allowance of three shills. a day by a bill for defraying Countie charges. This I think, is sufficient wages.
The fourth is the money Bill, Wherin you have no regard to what I proposed to you for their Maties service, In enabling mee to ans" her Maties Letter for assistance to Newyork, tho' proposed in such a way as,is agreeable to the most tender Consciences among you. You wold raise monie upon the subject & dispose of it at yor pleasure to the two Late deputies in such a manner as I cannot consent to. being Limited by my instructions. You wold also putt itt outt of their Maties power to approve or disallow of yo' gift; you will not trust the Receiver generall appointed by authoritie of the Crown, but name one of yo' owne, who shall not be accomptable for the sd sum, but to the two Late deputies: And you wold by this bill give a certain sum of 4001b. to those two gentl, who never acted by Imediate Comis- sion from the Crown, and Leave the uncertain fragment for the support of governm', which, according to the measure of yof Late aplottment, will not amount to 1001b. s'; I am apt to believe to nothing.
Now Gentl. finding no prospect of yo' Inclinaons for their Maties
436
MINUTES OF THE
service or your owne saftie, I think fitt to dissolve this present assem- blie, and you are hereby dissolved.
The end of the Second Sessions of Councill and Assembly.
[5ª Febry, 1694-5.
Att a Councill Held att philadelphia the 5th day of February, 1694-5.
PRESENT :
WM. MARKHAM, Esq'., Livet. Governo'.
Robert Turner,
Law' Cock,
pat. Robinson, S Esq's.
Charles Sanders, 2 esq".
The Leivt. Governo" showed the Councill an Ord' from his Excelly the Chief Governo', Requiring him that hee cause Jnº Donaldson, Esq'. be sworn one of the Councill for the province of pennsilvania & Countrie of Newcastle; which was accordinglie done. And the said Jnº Donaldson Having taken the oaths appointed by act of par- liam' to be taken instead of the oathes of allegiance and Supremacie, & subscribed the test, took his place att the board accordingly.
26ª March, 1695.
Att a Councill Held att philadelphia the 26" day of March, 1695. WM. MARKHAM, Esq'. Leivt. Governo".
Rob' Turner, pat. Robinson, esq". Griffith Jones,
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