USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 51
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THe Governo' did accordinglie appoint two members of each Coun- tie, Viz: Sam" Carpenter, Sam" Richardson, Joseph Growdon, phinehas pemberton, David Lloyd, Caleb pussey, Jnº donaldson, Richd Halliwell, John Brinklce, Griffith Jones, Wr. Clark & Tho. pemberton, to Join a Committee of the Like number of ye members of assemblie, to Consider of an ans' to the Queen's Letter, And his Ex- cellie Go' Fletcher's demands therupon, & of an act of settlement, to meet at two of the Clock in the afternoon.
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[19] Sept', 1695.
Att a Councill Held att philadelphia die Jovis, 19h Septemb', 1695. PRESENT:
WM. MARKHAM, esq' Governo' und' Wm. penn, esq', & all ye mem- bers except Jn' Williams &' Jnº Brinkloe.
The Committee to whom the Consideraon of an answer to the Queen's Letter, & his excellie Go' Fletcher's demands therupon, & of an act of Settlement, was Comitted, Gave in y' report in answer to the Go" speech in writting, Which was read, viz : The report of the Co- mittee of certain members of Council & assemblie in answer to the Go" Speech :
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" May it please the Governo'. Wee Having dulie Considred thy "· speech delivred us att the opening of this Assemblie the ninth instant, " As also the Late Queen's Letter, dated the 21st of Aug', 1694, " together w' Coll. Fletcher's applicaons for the Quota appointed by " the sd Queen to be sent from this governm' for the defence of New- " york, and also having perused the minutes & proceedings of the " Councill & assemblie for the two Last years, Wee find that the " Generall Assemblie in the yeare 1693, in Compliance with the " Queen's former Letter, soe farr as the religious psuasion of the " major part of them could admitt, did Humblie psent king Wm. & " Queen Marie with an assessment of monie upon all estates wtin the " sd province & territories for support of this governm', which sd "assessm' amounting to about 7601b. this Countrie monie, The nett " produce wherof being Computed upon the then Councill book to " be about 500lb. st. The greatest part of which wee understand, is "gathered & sent to newyork by ord of Coll. fletcher, Who having " soe much regard to the tender Conscience's of such as might scruple " the giving of monie to support warr, did declare before anie assess- " ment was agreed on, that what monie should be raised here for " support of governm', should not be dipt in blood, (as hce was pleased " to phrase it,) which hee afterwards explained upon several! occa- " sions, & pticularlie in his speech to the assemblie in the yeare 1694, " whercin hee expressed in these words, viz: Gentl. I consider yo' "principles that you will not Caric armes nor Levie monie to make " warr, tho' for yo' owne defence, yet I hope you will not refuse to " feed the hungric and & cloath the naked; my meaning is to sup- " plie those Indian nations w' such necessaries as may Influence ym " to a Continouance of y friendshipp to these provinces. Therfore, " It is the Opinion of this Committee, that all the monie alreadie " raised, or att this time intended to be raised for support of governm', " & not expresslie appointed for anie other pticular use, ought to be " deemed & taken in stead of the assistance required from this go- " vernm', the same being in ans" to the Queen's Letters, soe farr as " in Conscience & abilitie wee can Complie therwith, And that the " same may be appropriated accordinglie, as the Go', or his deputie " for the time being, shall see meet."
THe Governo' then told ym, " that if that narrative of what they " had done in 1693, relating to the Late Queen's first Letter, might " be serviceable to ym, hee should be satisfied yrwt, and yrfor desired " as they had begun, soe they wold proceed to give an effectuall " answer yrto, & to His Excellie Go Fletcher's demands yron, by " raising of monic."
THen all the members Unanimouslie declared, that it was their design to raise monie for the king, To be made use of as nee pleased.
The sd Comittee also gave in y' Report relating to an act of set- tlement in writting, which was also read.
THen the Governo' told them " that what they had heard read was " but Reports of a Comittee, both of members of Councill & assem- " blie, & yrfore, It was necessarie y' ye whole members of Councill
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" should signifie ther acquiescence yrwith. Wherupon the Go' putt " this Vote: all you Gentl. that acquiesce with the two reports now " read, stand up & say YEA, all you y' doe not acquiesce therwith " stand up & say NAY." Caried in the affirmative.
Therafter the Go' Ordered Joseph Growden, Sam" Richardson, david Lloyd, Riche Halliwell, Griffith Jones, & Wm. Clarke, to pre- sent the said two Reports to the assemble for their acquiescence, and after they had done the same, Hee, the Go', wold make such observa- ons theron as hee should think fitt.
Adjourned to the 20th instant.
[20} Septemb', 1695.
Att a Councill Held att philadelphia die Veneris, 20th of Septemb', 1695.
PRESENT:
WM. MARKHAM, Esq'. Governo' und' Wm. Penn, Esq', &c., & all the members except Anthony Morris, John Williams, & John Brinkloe.
The members who wer ordered to present the sd two Reports to the Assemblie for their acquiescence, made report that they had delivred the sd two reports to the assemblie, who ansred they wold Consider the same.
Ordered, that Sam" Richardson & Wm. Clarke goe to the assem- blie & acquaint them That the Governo' & Councill doe waite for them.
John Blunston, James For, W'm. Rodeney & Edwd Gibbs brought from the assemblies ye sd two Reports, & told the Go' & Councill that they acquiesced y'with, With some few amendments.
Therafter the Gor. Caused the sd two reports, The one relating to the Queen's Letter, & the other relating to the act of settlement, to be read, ag' which act of settlement The Go' made objections to severall paragraphs therof.
Ordered that the whole members of Councill doe Resolve into a grand Committee of ye whole house, to join a Grand Committee of th ... whole members of assemblie, to Consider further of proceeding eticci- uallie to ans' the Late Queen's Letter, By drawing up a bill for raising of monie to answer ye same, & his Excellie Governo' Fletch- er's demands therupon. And by drawing up another Bill for the ar of settlement.
[27] Septemb', 1695.
Att a Council! Held att philadelphia die Veneris, 27' of Septemb. 1695.
PRESENT :
WM. MARKHAM, Esq'., Governo' und' Wm. penn, esq'. John Good- son assistant, & all ye members of Councill, And all ye members of Assemblie except Nicholas Wallne & John Betts, sick, and dank !! Brown, dead.
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" The Committee to whom the Consideraon of the Late Queen's " Letter, By drawing a bill for raising of monie to ans the same, & " his Excellie Governo' Fletcher's demands yrupon, and the act of " Settlement, made Report, That they had drawen up the said bills " which had been ye day before sent to the Governo' by foure mem- " bers of Councill for his perusall.
THen the Governo' said : " Gentl, I yesterday Received from you " two bills ; The one entitled an act for raising One pennie p. pound " & Six Shillings p. head on such as are not otherwise rated y'by, " towards the support of governm', wherein you propose to give 2501b. " for support of governm & 3001b. to mee towards my services, and " the Surplusage for defraying the debts of the governm'. The other " an act of settlement.
" If you Gentl, the members of Councill & assemblie, arc satis- " fied with those bills as they are, They need not be read over again. " But if you, or anie of you, are not, Ile order the reading of them." Wherupon the members of both Councill & assemblie did declare themselves Satisfied wt ym, & y' they needed not be read over again.
THen the Governo' said: " Gentl, You have delivred mee these "two bills together, as if you meant to tack ym soe the one to the "other, as that I must pass both or neither. Gentl, you know I " allwise Recommended to you the effectuall Consideraon of, &e ans' "to her Late maties Letter, & his Excellie Go" Fletcher's demands " yrupon; This was the prime & principall (if not the onlie) occa- " sion of my calling & of yo' coming together att this time, (for wee " formerlie had Laws enough, & men enough to execute them.) " You have indeed in some manner Considred it. But as you have " brought these two bills together, it wold seem you wold have ym " past together. But Gentl, To be plain & above board with you, " If you'll first pass the monie Bill, designed (as you say) to ans" the " Queen's Letter, in what manner & und what title you please, Ile " give sanction to it, Leaving the bill about the act of settlement to a " further debate. Gentl, In the monie Bill you have Considered mee, "and I as much thank you as if I had received yo' offerr; But I " desire to be totallie left outt of it, rather than the Late Queen's " Letter should remain unanswered. And I assure you Gentl, I shall " not assent to the passing of anie bill or bills whatsoever till that be " past first."
Then a member of Councill Spake to this effect : that in the par- liament of England the people had allwise their priviledges granted to them befor they gave anie monie, & y' the monie bill used to be the last ; & tho' wee can pretend to no equalitie with them, being a poor province, yet we are to proceed in some sense in a parliamentario way in our degree.
THen the Governo' said : "Gentl, You Have now satt well nigh " three weeks & have done next to nothing; The onlie thing I called " you for was to answer the Queen's letter, & his Excellie Governo" " Fletcher's demands yrupon. I have oft prest you to it, & do now " again."
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Wherupon Severall members, one after another, urged the passing the act of settlement, alledging there was no more required by ym in y bill than what the proprietor had granted ym befor.
THe Governo' said: "Gentl, I cannot in Honor nor Justice to the pro- prietor pass this bill or act of settlement, Nor will I. I have suffi- cient reasons for it, wch I am not obliged to give here. Gentl, As oft as I press you to ans' the Late Queen's Letter for the supplie of Newyork, yo' ans" to mee is that yo' priviledges ought to be con- firmed to you. I never did, nor ever shall endeavour to diminish them.
But Gentl, Since there's no Likliehood of obtaining from you anic ans' to the Late Queen's Letter, nor to his Excellie Go' Fletcher's demands therupon, Unless Ile enter upon & grant you a Charter of priviledges, I dissolve you, & you are hereby dissolved.
The end of the third session of Councill & Assemblie.
[PHILADELPHIA, 25'h Sept", 1696.
Att a Council Held at philadelphia Die Veneris, ye 25th day of Sept" Anno R : R: Guliclmi terty nunc Angliæ, &c. Octavo Annoq dui, 1696.
PRESENT :
WILLIAM MARKHAM, Esq'., Governo'. und' Wm. Penn, Esq'.
Edward Shippen, Jasper Yeates, John Brinkloe,
Anthony Morris, Richard Halliwell, John Hill, pat. Robinson, Secry.
David LLoyd,
Jasper Yeates, Richard Halliwell, Jnº Brinklce, Jnº Hill & pat Ro- binson, took the oathes appointed by act of parliamt to be taken in Stead of the Oathes of allegiance . & Supremacy, & Subt. the test. Edward Shippen, Anth. Morris & david Lloyd did subscribe the de- claraon of fidelity, profession of the Christian faith & the Test, and all of them promised fidelitie to Wm. penn, proprietor & Governo of ye sd province, & Secrisie in all matters that should be secretly treated of in Council.
Then in respect the provincial Court was a Sitting, & that one of the members of Council was a provincial Judge, & y' two members appointed to attend as Counsellors wer not yet come to town. The Governor
Adjourned to 28% instant.
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[28ª Sept', 1696.
Att a Council Held att philadelphia die Luna, 28" September, 1696.
PRESENT :
WM. MARKHAM, Esq'. Governo', &c. et ysdem ut supra.
The Governo" said: "Gentl, Att o' last meetting the provincial " Court requiring the attendance of some of you, I could then pro- " ceed no farther than to administer to some of you the Oathes, &c., " & to see you subscribe the test, And to see others subscribe the de- " claraon of fidelitie & profession of the Christian faith & test. I think " it necessary to take the same my selfe, which I desire you to admin- " ister to me, & tho' I have taken ym before, yet I think it requisite to " take ym again, becaus there is some alteraon in the frame of or go- " vernmt since I Last took ym." To which some of the members answered, that since they could not take an oath ymselves, they could not administer one to others. Wherupon the Governo" desired the Secrie to administer the same to him, which he did, and accordingly the Go' took the oathes appointed by act of parliamt to be taken in sted of the onthes of allegiance & Supremacie, and subscribed tho Test.
'THen the Governo' said: " Gentl. I had not been so long wtout a " Council, but that I expected orders from d' proprietor & Chief Go- " verno', (having given him an exact & true acco' of the state of his " governm' from the time he has been pleased to Comitt it to my. " care.) But by his Lyres, I perceive some of mine have been taken " by the French & others, soe delayed by the Long stay of the shipps " wherein they went, that they were not come to hand before this Last " Virginia fleet came from England. But Having Received severall " orders & Instructions, both from the Honble The Lords of the Coun- " cill & the Comrs of his Matjes Customs, with an act of parliam' for " preventing fraud & regulating abuses in the plantaon, & strict chairge " & Comand from the proprietor & Chief Governo", vigorouslie to " putt the same in execuon. All which I desire the seerie to read."
Then the secrie read The Copic of the 'Comrs of his maties Cus- tomes, their report to the Lords spiritual & Temporal, in parliam" assembled, what may be the proper means to remedie the Inconve- niences arising from the scotch act to the trade & navigaon of Eng- land, dated 12th decemb", 1695; And the Copic of their Lords & y' Comons, in parliam' assembled, their address to his matic, represent- ing to him the great advantages yrby granted to the scotch Compa, & the obstructions that the ad act will bring to the general trade of the nation of England, &c. As also, his maties most gracious answer to the sd adress. As also, the Comrs of his matjes Customs, their Lett' to the Governo' of this province, requiring him strictlie to observe & put in execuon all the Laws of trade & navigaon, dated 9th Janry, 1695.6. As also, the Lo' of Council, their Lett to the Comand' in Chief of this province of 13 febry, 1695-6, to see the acts of trade executed according to the sd Comrs of y' Customs, their sd Letter.
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As also, the act of parliam' made in the 7"> & 8th year of king Wm. the third, Entitled, an act for preventing frauds & regulating abuses in the plantaon trade. As also, the Los of Council, their Lett' to Wm. penn, proprietor of this province, Requiring him in his matjes name, to take care that the sd act past in the sd 7th & 8th year of his reign, & all other Laws made for the encouragement of navigaon & the securing the plantaon trade, be duly publisht within this his sd pro- vince & Country of Newcastle, & strictlie putt in execuon by all whom it may concern, dated 15th April, 1696. As also, the Lords of Coun- cil, their Lett" to the Governor of this province to putt themselves in a posture of defence agt the attempts of the French, dated 20th April, 1696. As also, ye sd Wm. penn his Lett' to Wm. Markham, his deputie Go', desiring him to be vigorous and carefull to Comply w' the Laws of trade & navigaon. All which having been read,
" The Governo' said : "I have therefore, being well satisfied in " yo' Loyaltie & allegiance to his matie king Wm. & of yo' fidelity "to the propi etor, made. choice of you for his Council, the number " of which is not to exceed Twelve, & no Less than five to be a " Quorum. I know you are all men that are fastned to the Country " by visible estates, I mean such as the Law calls Real estates, of " which each of you have a plentiful portion, & thats a great securitic "that you will study the Interest of the Country, & will advise me " in what you believe to be for the saftie & preservaon of it ; and let " me tell you, that nothing can be more for yo" preservaon & securitie, " nor recommend you more to his matie, than yo' diligent observaon " and execuon of his Laws & orders. In this I doe not speak to you "only as a Council, but also as you are magistrats, & as such that " you will have a special care in yo' respective Counties, that noth- "ing be done to the Contrarie, or in violation of them, but that you " be diligent to see ym dulie executed ; and this is not only a dutie to " yo' Soveraign, but a Justice incumbent upon all Honest men & " Lovers of their Country.
" The proprieto" advises mee that hee has wrote to some friends "about his Excelly Governor ffletcher's objection about men or money. " If anie of you know the Contents of that Lett", & that it be conve- "nient, I desire you will acquaint the board with it ; perhapps it may " his Excelly Go' ffletcher satisfaction. I have Sea'll Lres from him " since the Last assembly, demanding our Quota ; but you all know " I could make no Satisfactorie answer wtout money. To answer all " these things to purpose, and to putt this governm' in a better posture " of defence & securitie than it is att present, I find it absolutlie neces- " sarie that there be an assembly called with all convenient specd. " Wherein I desire vo' advice."
THe members of Council did Unanimouslie advise the Governo' to call an assembly.
Wherupon the Go' ordered the secrie to prepare writts to be Issued to the sheriff's of the Scall Counties, to Sumon the people to meet in the usual places upon the Sixteenth of Octobr next, & the Counties of philadelphia & newcastle, to choose for each of them foure persons to serve in Assembly, & the other four Counties to choose for
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each of them three persons to serve in Assembly, to meet the 26ª day of the sd mo. Which the sectie accordingly did. -
Adjourned to 26th of Octob' next.
[26* Octob', 1696. Att a Council Held att philadelphia die Lunæ, 26th Octob', 1696. PRESENT:
WILLIAM MARKHAM Esq'. Governo', &c.
Edward Shippen, david Lloyd, John Hill,
Anthony Morris, John Brinkloe, pat. Robinson.
John donaldson took the usual oathes, &c., & Subt the test. Wm. Clarke did subscribe the declaraon of fidelitie, profession of the Christian faith & the test, & both promised fidel rie to Wm. penn & secrisie in debate, & took their places att the boa. d.
Therafter John Goodson, who had been by Comission from the proprietor appointed assistant to Go' Markham, Came into Council and desired of the Governo' to be acquitted of his assistanceshipp, To which the Governo' acquiesced.
In respect all the members of assembly wer not come to town, the Governo' adjourned the Council to three in the afternoon.
Adjourned to 3 in the afternoon.
[28 Octob', 1696.
Att a Council Held att philadelphia die Mercury, 28º October, 1696. Hora tertia, post meridiem.
PRESENT:
WM. MARKHAM, Esq'. Governo', &c.
Edward Shippen, John Brinckloe, John Hill,
Anthony Morris, Jnº donaldson, Jasper Yeates,
David Lloyd, William Clarke,
pat. Robinson.
Upon the memorial of the Honble Andrew Hamilton, Esq'. Go' of the Jersies, & post master generall, &c. to the Go' & Council, Setting forth that it was formerlie with great difficultie that the post could goe to philadelphia by Land, to the great inconveniencie of Corres- pondence & trade, And y' for remedie whereof, & accomodaon of Travellers, a ferry had been erected on Jersie side att a great chairge, but that the way was not yet returned from the Landing on pennsil- vania side to the king's road, wet is about three Quarters of a mile & easily cleared ; And therfore, Requesting the Governo' & Coun- cil to approve the said road, and give the necessarie orders for clear- ing it.
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Ordered, that a warrantt be directed from the Governo' to Thomas ffairman, Surveyor, To lay outt the king's road from dunck William's Landing, (the nearest & most convenient y' may be had, & Least prejudicial to the Lands and improvments of the nighbourhood,) Into the king's great road that Leads to philadelphia, and that a Return in words, of the Courses & protracted figure therof, be made Into the Secries office, in order to be filed & recorded there, as a finall Confirmaon therof. And that the Justices of the peace for the Coun- ty of Bucks, be by the Governo' requested to order the overseers of ya Highways in that County to make good & clear the same w' all expedion.
[29° Octobr, 1696.
Att a Councill Held att philadelphia die Jovis, 29th October, 1696. PRESENT :
WILLIAM MARKHAM, Esq'., Governo', &c., et ysdem ut supra, &c.
Upon the petion of divers Inhabitants of the Town of philadelphia, to the Go" & Council, Requesting them to grant an order for the Lay- ing outt a sufficient Road, the nearest & best that may be had from the Lowermost ferry upon Skuilkill, Comonlie called Benjamin Chambers' ferry, Into the Town of Philadelphia.
Ordered, That a warrant be directed from the Governo' to Thomas fairman, Surveyor, to Lay outt the king's road from the sd ferry, the nearest, best & most convenient that may be had, & Least prejudi- cial to the Lands & Improvments of the nighbourhood, To Come into the southermost street of the town of philadelphia, & which street runns from delaware river to the Skuilkill, And that a return in words, of the Courses & protracted figure therof be made into the Se- cries office, In ord' to be filed and Recorded there, as a final Con- firmaon thereof.
Upon the potion of diverse Inhabitants of ye sd town of philade !- phia to the Go' & Council, Requesting ym to grant an Ord' for Lay- ing outt a sufficient road from the north side of the sd ferry, the nearest & must convenient that may be had, To Hertford townc.
Ordered, that a warr' be directed from the Governo' to Thomnas ffairman, Surveyor, to Lay outt a Road from the west side of the sd ferry, to goe as farr in the road that leads to Darby as may be, and from thence the nearest, best and most convenient that may be had, & Least prejudicial to the Lands & Improvments of the nighbour- hood to the town of Hertford; and that a return in words, of the Courses & protracted figure therof, be made Into the secries office, In order to be filed & recorded there as a final Confirmaon thereof.
Upon reading the petion of Thomas Hollingsworth to the Governo' and Council, Requesting ym to grant an ord for Laying outt a Road from New worke, in Newcastle Countie, To Jnº Bucklics', Oliver
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Copes', Jn' preus', Jnº Clowds', Wm. Rossen, Naaman's Creek, and thence to Hans Justice's, & so to the king's road in Chester Countie. And to grant another road from Jeremiah Clouds' in Newcastle coun- ty, to John Bucklies, & from thence to delaware river.
Ordered, that a warrant be directed from the Governo' To Thomas pierson, surveyor, to Lay outt the sd Roads the nearest and most convenient that may be had, & Least prejudicial to the Lands & Improvments of the nighbourhood, and that a Return in words, of the Courses & protracted figures of the same be made Into the secries office, In ord' to be filed & Recorded there as a final Confirmaon thereof.
[Oxford petion for Two Roads & a Branch, &c.
Upon reading the petion of the nighbourhood and adjacent Inhabi- tants of Oxford Towneshipp, in the Countie of philadelphia, Request- ing the Governo' & Council to settle upon ym & the publick, two roads, & a branch of a road : The first beginning att a white Oak, neer the bridge over Thomas p'sons water mill race, and thence to the Bristoll Townshipp, according to the Return of the Courses thereof to the sd petion annext, and protracted figure of the same.' The second Beginning att Richard Dungworth's mill, Leading to Thomas pson's grist mill, Lying & being att Franckford, according to the Return of the Courses thereof & protracted figure of the same, to the sd petion also annext. As also, a Branch of the said Road beginning att a white Oak, in Richª Buzbies Land, neer Jnº Wells' Log-house, Leading to the extent of the bounds of Oxford townshipp, according to the Return of the courses therof & protracted figure of the same, to the sd petion also annext.
[Answered.
Resolved, That the sd two roads & branches of a road, Bounded as is particularlie mentioned in the Returns thereof made by John Har- per, surveyor, & who surveyed the same by the Consent, approbaon & with the assistance of the nighbourhood, Be, and shall hereafter be Reputed and taken for the sd roads & branch, And that the Secries Recording of the sd returns thereof, & fileing up the same, & the pro- tracted figures therof, shall be a final Confirmation of the said two roads & branch.
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