USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 49
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Charles Sanders,
Jnº donaldson,
esq". ,rs
The Leiv' Governo' said to this effect: Gentl. I am glad of this opportunitie to acquaint you that I Have Latelie received their Maties Letters' patents, by which they have been graciouslie pleased to restore the proprietor to the government of this province of pennsilvania & territories, and that the proprietor has been pleased to send mee a Comission to be Governo' therof under him, both which Lye before you for yo' perusall, and which I intend to Cause publish forth- with ; But before I doe, or that I enter upon the government, or that you are dismist from being their Maties Councill, I judge it Requisiti to take those oaths that Governors are by Law obliged to take, before you, that you may be wittnesses therof; And I desire the secrie to administer the same unto mee.
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Wherupon, the Secrie did administer to the sd Wm. Markham, the oaths appointed by act of parliament to be taken in sted of the oathes of allegiance & supremacie, also hee subscribed the test, as also the oathes appointed by the act of parliam' made in the 12th year of the reign of Charles ye 24, Entitled an act for the encouragement & Increasing of Shipping & navigation ; & by the act of parliam' made in the 15th year of his sd reign, Entitled an act for the encouragement of trade. All which oathes the sd Wm. Markham did Solemnlie take in psence of the sd Councill.
The Leiv' Governo' did also desire the Secrie to Record their said Maties Letters patents for Restoring the proprietor to his government, and the proprietor's Comission to him to be Governo' under him, in this minuts of Councill book.
The Leiv' Governo' then said: Gentl. I thank you for the true allegiance and Loyaltie I have observed in you all to their Maties, o' Soveraign Lord & Lady, Wm. & Mary, which you have showen by yo' readiness and willingness to their Service upon all occasions. I also thank you for all vo kindnesses to mce whilest Leiv' Go- verno', for all which you shall alwaye's find mee readie to serve you wherin I may. Pray gentl, As it is all o" duties, Soe let us hereby jointlie give o" heartie thanks to-his Excelly Governo" fletcher, for his care of ye province, and for his affections to the proprietor and us, Humblie besceching His Excellie that hee will be pleased still to Con- tinou ye same, assuring him of our true, sincere and unfeigned respects and service to o' outmost ; To which all the Council Heartilie assented. Then the Leiv' Governo" said: Gentl. I desire you will attend the publishing of their Maties Letters patents, which will be the Last act you can doe as their Maties Councill under His Excellie Governor fletcher; Whereby you will yet the more express yo" readie obedience to their Maties Commands. Soe bid you Heartilie farewell.
Here follow their Maties Letters patents.
Their Maties king William & Queen Mary's Letters patents restor- ing Wm. penn, Esq. proprietor of pennsilvania, to the governm' of the said province :
William & Mary, by the Grace of God, king & Queen of England, Scotland, ffrance & Ireland, defend" of the faith, &c. Wheras, upon informaon that by reason of great miscarriages in the government of our province of pennsilvania in America, & the absence of the proprietor, the same was fallen into disorder & confusion, By means wherof not onlie the publick peace & administraon of Justice was broken & violated, But there was also great want of provision for the guard and defence of our sd province ag' our enemies, wherby it was apprehended that our sd province & the adjacent Colonies, wer much in danger of being Lost from the Crown of England ; for prevention therof, as much as in us Lay, & for the better defence & Securitie of o' subjects Inhabiting those parts during this time of warr, Wce did find it absolutlie necessarie to take the government therof into our hands, and under our Immediat Care & protection ; And did ther- upon, by Letters patents under our great Seal of England, bearing 37*
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date the Twentie-first day of October, in the fourth yeare of our reign, Constitute and appoint our trustie & well beloved Benjamin Fletcher, esq'. our Captain Generall and Governo' in Chief of our province of Newyork, to be our Captain generall and Governor in Chief in and over our said province of pennsilvania & Countrie of New castle, and all the Territories and tracts of Land depending theron in America, with directions to take the said province and Countrie under his government: And did therby grant unto him, the sd Benja- min Fletcher, and in Case of his death or absence outt of o' province of Newyork & pennsilvania, our Countrie of New castle and our Colonies of East and West New Jersey, unto such person as should be appointed by us to be Commander in Chief of our said province of Newyork, or to our Councill of our sd province, the Like powers and authorities as wer granted by our Comission to the said Benjamin Fletcher, bearing date the eighteenth day of March, in the said fourth year of our reign, for the ruling & governing of o' sd province of New york : and wheras, Humble application Has been made unto us by our trustv and well beloved William penn, Esq. proprietor of or sd province of pennsilvania, that hee may be restored to the administration of the government therof as formerlie: And wheras, the said proprietor Has given us good assurance that hee will take care of the govern- ment of our said province & Territories, and provide for the saftic and securitie therof all that in him Lyes, Wee have therupon thought fitt to restore him to the administraon of the government of o' sd province & Territories, and accordinglie, our will & pleasure is, that soe much of our said Comission bearing date the twentie-first day of October, in the fourth year of our reign, as doe constitute & appoint our trustie & well beloved Benjamin Fletcher, Esq'., to be our Captain Generall and Governo' in Chief of our said province of pennsilvania, Countrie of newcastle, & the territories & tracts of Land depending theron in America, together with all the powers and authori- ties therby granted for the ruling and governing of our sd province and Countrie, doc from the publicaon of these our Letters patents, cease, determin & become void, and accordinglie, the same are hereby declared void ; of which all persons whom it may concern are to take notice & govern ymselves accordinglie, Under paine of our Highest displeasure. In wittnes wherof, wee Have caused these our letters to be made patents. Wittness ourSelves att Westminster, the twentieth day of August, in the Sixt year of our reign.
Indorsed a duplicate of the grant - PIGOTT .. !
to William penn, Esq'.
By writt of privie Seal, with the great Seal appended, in yel- low wax.
PIGGOTT.
Wm. penn, propriatorie of pennsilvania, &c. His Commission To Wm. Markham, to be Governor under him of the sd province and Countries annexed.
William penr., proprietarie of the province of pennsil- vania & Counties annexed, to his Trustie and beloved
Seal of the province. friend and kinsman, William Markham, Greeting : Being as yet unable to goe myself, and having not time to make
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anie other settlements of publick affairs than that which followes, And reposing speciall Confidence in thy justice, prudence and integri- tie, I have hereby thought fitt to Nominate & appoint thee Governo" of my said province, &c. under me, And I doc hereby declare and Con- stitute thee Governo' of the same as aforesaid; Hereby also appointing & constituting for the more easie discharge of the trust reposed in thee, Two assistants, viz : John Goodson and Samuell Carpenter of phila- delphia, in the province aforesd, strictlie charging and requiring thee in all things to govern according to the known Laws & usages therof, and with the advice and Consent of both, or one of them ; And par- ticularlie, that Care be taken to Suppress all vice and disorderlie walking, by reviving and zealouslie executing all those Laws that tend to Sobriety-Strictlie charging all persons concerned to give thee & assistants the respect due to yo' respective stations in govern- ment; Hereby revocking all former Comissions granted by mee, And this Comission to Continou in force till farder-order from mee. Given att Bristoll, this twentie-fourth day of the ninth month, one thousand Six Hundred ninty and four. WM. PENN.
Wm. penn's Commission to John Goodson & Sam" Carpenter, to be assistants.
William penn, proprietary of the province of pennsilvania, &c., to his trustie & Loving friends John Goodson and Samuell Carpenter : Wheras, I Have appointed and Constituted my Cousin William Mark- ham, Governour under mee of my province of pennsilvania, &c., and taking into Consideration the state of the province, and his fre- quent indisposition, I have thought fitt, Reposing Speciall Confidence in yor Justice, prudence & Integritie, To appoint and Constitute you assistants to him in government, according as is expressed in his Commission, by your advice and Consent, or the advice and Consent of one of you, to transact and govern the affairs of the said province in my absence, according to the Laws & usages therof; Requiring all people to give you the respect that is due to you in that station and Capacitie. Given att Bristoll, this Twenty-fourth day of the ninth month, 1694. WM. PENN.
[PHILADELPHIA, 231 Aprill, 1695.
Att a Councill Held att philadelphia Die Martis, 234 Aprill, 1695.
PRESENT :
WM. MAT.KHAM, Esq'., Go'. under Wm. penn, &c.
Sam" Carpenter, David Lloyd, Jnº Donaldsonu,
Sam" Richardson, Caleb pussey, Jn° Williams,
Anthony Morris, George Maris, Rich^ Hally well.
Upon reading the petion of Wm. Troutt, It was ordered that the triall of the Seizure of the briganteen yrin named, should be in the
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Countie of Chester, upon the 18th of Aprill instant, and that a Comis- sion be accordinglie granted, & a warrantt to the sheriff' of that Countie to Summon a Jury.
Upon reading the petion of Jnº Holme, It was ordered y' Sam" Rich- ardson, David Lloyd & Anthonie Morris, doe inspect the acco" in the sd petion mentioned, and make report this afternoone.
Upon reading the petion of Sam" peres, It was ordered That exe- cuon & all further proceedings att y' Comon Law be stop't till ye cause yrin mentned be heard at next provinciall Court in equitie.
Upon reading the petion of Ralph Ward, Ordered y Hee & the Sheriff complained ag, appear att this board to-morrow morning.
Upon reading the petion of Jn° king, Ordered y' Eliz'. Hooton, by her self or attornie, appea. to-morrow morning att this board, To show cause (if anie they have) why a procedendo should not Issue, & y' ye Secrie give her a Copie of ye sa petion & of this order.
Upon reading the petion of Edmond Dutton, Ordered y' hee & Sam" Atkins, Complained ag', appear to-morrow morning att this board.
Adjourned to 5 post meridiem. 1
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POST MERID. Five in the afternoone.
PRESENT :
WM. MARKHAM, Esq'., Governo', & others, as in the forenoone.
Sam" Richardson, David Lloyd & Anthony Morris, Reported to this board, That by the inspection of ye acco" mentned in Jn" Holmes' petion, the estate of Nicholas & Marie More's, deceased, are Consid- erablie indebted to severall psons upwards of 3701b. And yrfore, the Go' & Councill ordered, That the sd Jnº Holme might be per- mitted & allowed, & is hereby permitted & allowed to sell the plan- taon of Green-spring, with all ye Lands & improvments therto belong- ing, & such parts of the mannor of moreland as decended to Sam' More, deceased, or were Lotted outt for ye sd Sam" & Rebecca Mores, deced, as may amount to what they dyed indebted to him, ye sd Jn" Holme & others, and such other parts of the estate of ye sd Nicholas, Marie, Sam" & Rebecca Mores, deced as will onlie defray their just debts, & the educaon of the said Nicholas Mores' Surviving children, & the better Improvment of the remainder of the sd estate, according to Law. And further Ordered, that the members of Councill for the Countie of philadelphia, or anie two of ym, may supervise the sd sales that they be made for true & valuable Consideraons & not undersold.
Adjourned to 24 ** Aprill instant.
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[24ª Aprill, 1695.
Att a Councill Held att philadelphia Die Mercury, 24th Aprill, 1695.
· PRESENT :
WM. MARKHAM, Esq"., Governo', und" Wm. penn, &c., et ysdem ut antea.
John More appeared on ye behalf of Eliz. Hooton & Jnº king, by himself & Griffith Jones on his behalf, and upon reading ye sd Jnº king's petion, & some debate yron by the attornies on both sides, The further debate yron was referred to the 18th day of May next.
Upon Reading the petion of Ralph Ward, Ordered y' ye sd Ralph paying ye two fines of ten shills. each, & the Lau" charges, y' ye Sheriff" return him ye goods taken upon execuon, If unsold.
Upon reading the petion of Edmond dutton, ag' Sam" Atkins, Sam" having had notice to appear & ans" ye same but did not, Ordered v' both the execuons of both the sd Judgmts obtained by ye sd Sam" Atkins ag' the sd Edmond dutton, be stopt, & y' the whole matter be, and is hereby referred to the further Consideraon, explicaon & deter- minaon of ye next provinciall Court in equitie.
Upon reading the petion of Hugh Hall ag' James Stanfield, By the consent of the said James, It was ordered y' Hugh Hall have an appeall granted him from the judgm' of the Countie Court to y* next provinciall Court in equitie, ag' ye sd James, The sd Hugh Hall giving good securitie to prosecute the said appeall, & to pay all costs & damages that shall be awarded agt him.
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Att a Councill Held att philadelphia Die Saturni, 25° May, 1695.
PRESENT :
WM. MARKHAM, Esq'., Governo", und' Wm. penn, & all the mem- bers of Councill.
Upon Reading the petion of Jnº king ag' Eliz. Hooton, & the two orders yron, ye 23d & 24th of Aprill Last past, Ordered y' ye further Hearing of the sd petion be befor all Comittee of all the repsen- tatives of Councill, & yt they make report yrof to the Gor. in Councill.
Upon Reading the petion of Robert Wade ag' the Countie of Ches- ter, for the grand Jurie of the sd Countie their taking away his proper- tie in Chester for a Landing, by virtue of ye 100ª Law of the province, enacting that each Countie Court of this province & territories yrof, shall appoint & settle a sufficient Cart-way to the most convenient Landing place in their rexive Counties for publick use & benefit.
After a full debate, The Question was putt by the Governo', whether the sd Law could Justifie the sd grand Jurie's act ? And it was Caried in the Negative.
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Wherupon, it was ordered by the Governor and Councill, that the said Robert Wade, nor his assigns, be no further troubled, molested nor disquieted in the peaceable possession of his propertie.
Upon Reading the petion of Sam" Lewis, Ordered that the repsen- tatives in Councill for the Countie of Chester, examine & hear the whole matter, & that they Have yrby power to call before ym all persons concerned in the sd Complaint, both pties & wittnesses, & make report therof to the Governor and Councill.
Upon reading the petion of Tenniss Lins, Ordered that the Sheriff of the Countie of Chester give the petion' an order for the goods hee took in execuon of Israell Taylor's, & that hee have his remeadie att Law for the remainder of his debt, & damages.
Upon Reading the petion cf Thomas Herris, It was the opinion of the Go" & Councill that the matt" is not cognizable befor ym, seeing hee might have had an appeall to the County Court in equity.
Upon reading the petion of Jnº Hugg ag' Benja Chambers, Referred to Law.
Upon reading the petions of Henrie peirce & Wm. Howell, Refer- red to Com" of proptie.
Upon reading the petion of Chester Countie for a ferrie att the rock ; And of the welsh for a ferrie att Wm. powell's ; And of some of the Inhabitants of philadelphia about Securing their gun-powd', & providing of Ladders & Leather bucketts ; and of another ag' dis- orders in sd towne ; and of another about Tann'd Leather ; These 5 petions wer referred to the Committee for preparing of Bills to be past into Laws.
Upon Reading the petion of Griffeth Owen ag' Wm. Hawkes & Jnº More, for detaining from him a patent delivered them to make some writtings by, Ordered that sd Hawkes attend ye Governor & Councill the 28'ª instant.
[28ª May, 1695.
Att a Councill Held att philadelphia Die Martis, 28" May, 1695.
PRESENT :
WM. MARKHAM, Esq'., Go' under Wm. penn, &c., & all the mem- bers except Jos. Growdon.
Upon Reading the petion of Griff. Owen, Appeared Wm. Hawkes, & upon Hearing, It was Ordered y' sd Hawkes give the pa's to David Lloyd to be recorded, & there to remain till the severall grants be made to the pties y'in concerned, & till the sd parties agree in whois hands it shall be Lodged.
Upon Reading the petion of Comfort Scott ag' Wm. Clark, & his ans' therto, Itt was referred to the Comrs. of propertie.
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[30° May, 1695.
Att a Councill Held att philadelphia Die Jovis, 30"> May, 1695.
PRESENT:
WM. MARKHAM Esq'., Go' und' Wm. Penn, &c., & all the mem- bers except as above.
Upon reading the petion of Joseph Wood ag' Wm. Shardlow & his attornie, Charles Sanders, The matter was Left to the Course of the Comon Law, & it was recommended to the Justices of the Countie Court to inspect the matter.
Upon reading the petion of Thomas Herris relating to his former, It was the opinion of the Go' & Councill y' was not Cognizable before them.
Upon Reading the petion of Jnº king ag' Eliz. Hooton, Ordered that a writt Issue from the Go' to the provinciall Judges, to try the appeall depending between Eliz. Hooton & Jnº king, & forthwith to proceed to Judgm' therupon.
Upon Reading the petion of Sam" Atkins ag' Sam11 preston, Late Sheriff of the Countie of Sussex, The petition' is Left to his Course att Law.
[15] June, 1695.
Att a Councill Held att philadelphia Die Saturni, 15th June, 1695.
PRESENT:
WM. MARKHAM, Esq'., Governo' und' Wm. penn, &c.
Sam" Carpenter, David Lloyd, William Clark,
Anthony Morris, Richd Hallywell, phin. pemberton.
Joseph Growden, Griffith Jones,
The Go' Having acquainted the Councill of some reports hee had heard of the designs of o' enemies the French, ag' these parts, & y' they had a Squadron of Shipps att sea bound for ye plantaons, to attack ym, & y' some of the members of this board had proposed to him that a watch on Cape Inlopen to be keept, might be of Service, to give notice if anie suspicious vessells should appeare wtin sight of sd Cape,
The Go' putt it to the Question, whether a watch there wold not be necessarie, convenient, & of service to the publick. It was caried in the affirmative, nemine Contradicente ; And for defraying the pub- lick charge yrof, It was Resolved y' the Go' & repsentatives in Coun- cil wold effectuallie Recomend the same to the next assemblie, and that in the meantime, the Go" should Issue an ord' to the Justices of the peace for the Countie of Sussex, that they Cause the sd Watch to be keept on the sd Cape by two men to the first day of Octob' next ensuing, from five in the morning to Seven of the Clock att night; which was accordinglie done, & delivred to Wm. Clarke.
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[18th June, 1695.
Att a Councill Held att philadelphia Die Martis, 182 June, 1695.
PRESENT :
WM. MARKHAM, Esq'., Go' under Wm. penn, &c.
Sam" Carpenter, David Lloyd, Richª Hallywell,
Sam" Richardson, John Donaldson, William Clark.
Upon reading the petion of Harman Lawrier, Setting forth that there are 4 children belonging to his Sister in the sd Countie of New- castle, whom hee requests that hee may be permitted to take ym to Newyork, & engages to take such Care of yr education as becomes their qualitie & his relation to ym, It was the opinion of the Go' & Councill y' ye sd Harman take the children y'in named into his Care & custodie, & after hee has made such satisfacon to the pties y' have keept ym as is reasonable, & given securitie to the Justices of ye Court for Indemnifying the said Countie ag the sd children, Hee may transport ym outt of this governm' to Newyork.
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[29" June, 1695. Att a Councill Held att philadelphia Die Veneris, 29th June, 1695.
PRESENT :
WM. MARKHAM, Esq'., Go' under Wm. penn, &c.
David Lloyd, Richª Hallywell, Wm. Clarke,
Jnº donaldson, Griffith Jones, Tho. pemberton.
The Go' Spake to this effect: "Gentl, Seeing it will require a Long " time to gett a full Councill, by reason of the remoteness of manie " of ye members, I Let you know That having Latelie received "another Lre from His Excelly Governo" Fletcher, I thought it " necessarie to call a Councill as soon as I could ; I hop't indeed to " have had a Larger number present than I find come." However, his Excelly Governo' Fletcher's Lre being read, wherin hee applied himself to Go' Markham that a Quota of Eighty men, with their proper officers, viz: One Captain, Two Leivts., Three Sergeants, Three Corporalls & two drummers, or the value of the charges for maintaining the same, be provided & sent to Newyork by the first of August next, in obedience to the Comand of her Late Matie & for his Maties Service, in order to the Generall defence of this part of his Maties empyre.
After the reading wherof, The Go' said: "Gentl. When his Excel- " lie Governo" Fletcher, by his Lre to mee of the 15th of Aprill Last " past, made his first demand of ye sd Quota of men, or the value of " the charges for maintaining the same, Requiring that they should " be provided & sent to New york by the first of May Last past, " You know the ans' you gave to it, viz: That you wer not in a " capacitie to give a full & Satisfactorie ans" to soe weightie a matter " wtout a generall Assemblie, And that most of the members Living
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" soe remote from this place, & harvest drawing on so near that they " could not meet till about the 9th of 7ber next, & yrfore, you yn " advised mee to Comand the Assemblie to meet the sd day to advise " & Consult yrupon.
" Gentl., You know that I thought that time too long, & y'fore yn " desired you to Consider further before you resolved; yet you then " replied that you had deliberatlie Considred of it, & that it wold be " to the ruine of manie families to be from home in harvest. Therc- " fore, I now desire you seriouslie to Consider what ans' I shall give " His Excellie Go' Fletcher, to his 2ª demand.
" Gentl., I'm here in the roome of o' proprietor, & since hee has " not restricted nor Limited ince, the blame shall not Lye att his " doore. If you will doe anie thing that may effectuallie ans' her " Late Maties Royall will & pleasure, and his Excellie Governo" " Fletcher's demands formed yrupon, I'le give such sanction to it as " becomes mee to doe ; and tho' the proprietor has given their Maties " good assurance that hee will take care of the governmt & provide " for the saftie & securitie therof all that in him Lyes, And is by her " Late Maties Rovall Lre Comanded to give directions that due pro- " vision be forthwith made att the publick charge of ye province, for " the furnishing the said assistance, as the same shall be soc demanded " from time to time by his Excellie the Governor of Newyork, yet. " the proprietor if he were here himself, nor I that represent him, " Cannot raise monie wtout you & an Assemblie, who are the people's " repsentatives ; And if you will doe anie_ thing, I am ready in the " proprietaries behalf to give it Sanction. And yrfore, I desire your " advice whether to shorten the time of the Assemblies meetting from " the 9th of 7br. to a neerer day, will be of any service."
It was the unanimous opinion of all the members present, that it wold be of no service to call ym sooner. The Governo' Having askt the reason of their opinion, one of the members ansred, Becaus by the great mortalitie of the Cattle & stock of the Inhabitants Last year, the people have been, & still are und" great straits for Corn & provi- sions, and the substance of the province & Territories Consisting all together in stock, provisions & Corne, If the inhabitants should be called off from getting in their Harvest & Cropts to attend the assem- blie, whoise number w' the Councill are 54 persons, It wold tend to their utter ruine. And tho' a Law were alrcadie past for raising monie to defray the charge of the assistance demanded, It could be no sooner collected then it wold be if not made till the 9ª of 7ber. next, Becaus the paymts must be made outt of the Cropt yt is now upon the ground, & upon which the sole dependence of the province for their support relies, & the proper time of paymt therof is in the winter. To which the rest of the members Unanimouslie assented.
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[S August, 1695.
Att a Councill Held att philadelphia Die Jovis, 8th August, 1695.
PRESENT :
WM. MARKHAM Esq'. Go' under Wm. Penn.
Sam" Carpenter, William Biles, John Williams,
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