USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 52
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Adjourned to 31" instant.
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Att a Council Held att philadelphia Die Saturni, 31ª October, 1696.
PRESENT:
WILLIAM MARKHAM, Esq'., Governo', &c.
Edward Shippen, William Clarke, John Hill,
Anthony Morris, John Brinckloe, pat. Robinson.
David Lloyd,
Upon Reading the petion of Sam" Atkins against Edmond dutton,
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Ordered that att or before the first day of decemb' next, the petition', Sam" Atkins, pay to the sd Edmond Dutton, the sum of Twelve pounds, Silver monie, as was awarded him, with all the Legal charges that have accrued upon the suits upon the bonds of arbitraon, both att the Countie & provincial Courts, and that the same soc paid, be in full satisfacon to the sd Edmond Dutton, of all sum & sums of monie due to the sd Edmond by reason of the sd arbitraon, bond, Judgment and execuon following thereupon, and that after paym' of the sd sum & charges, as aforesaid, an ord' from the Go', to be directed to the sheriff of the Countie of philadelphia, To make resti- tuon to the petitioner of all goods, chattells, Lotts, Lands & Tene- ments that hee has taken in execuon upon the sd Judgmts ; Because the sd execuon did Improvidently Issue forth.
[Record of The Road from Tho. Parsons' water bridge Race to Oxford, in Oxford Creek, behind Dan" Street's house.
THe ninth of the Eighth moneth, 1695.
THe observations and mensurations then taken in a Road between Thomas parsons' water Race bridge, and the ford in Oxford Creek, behind Daniel Streets' House, by mee actually measured, Then Hav- ing in Company the Inhabitants of the aforesaid Townshipp; Begin- ning att a white oak neer the said parsons' water Race bridge, North- west thirteen degrees, twenty-two pearches; Thence north west Twenty degrees, Sixty pearches; Thence north-east Twenty-five degrees, fifty-two pearches ; Thence north-west Twelve degrees, fif- teen minuts, fourty pearches; Thence" north-west seven degrees, Twenty-four pearches ; Thence north-east fourty-three degrees, fif- teen minuts, ten pearches; Thence north-east Sixty-seven degrees, thirty minutes, Sixtie-eight pearehes ; Thence north-east fourty-one degrees, Twenty minutes, Seventeen pearches ; Thence north-west ten degrees, eight pearches ; Thence north-west Twenty-Seven degrees, Thirty minutes, one Hundred & Twelve pearches ; Then north-west fifty-Six degrees, Thirty minutes, thirty-four pearches; Thence north- west fourty-one degrees, fifteen minutes, fifty-two pearches ; Thence north-west Twenty-nine degrees, fourty-nine pearches ; Thence north- west thirty-eight degrees, fifteen minutes, Seventy pearches ; Thence north-west fifteen degrees, fifteen minutes, One Hundred & fourty pearches ; p. me,
1 JOHN HARPER, Junior.
[Record of The Road from Richd Dungworth's mill To Tho. par- sons' grist mill.
The ninth day of the Eight moneth, 1695. THe observaons & men- suraons then taken in a Road, Between Richard Dungworth's mill & the king's Road, by me actually measured, then Having in Company the Inhabitants of the oxford Townshipp, Beginning att the said mill South-east six degrees, Twenty-eight pearches; Thence south-east fiftie-five degrees, ninteen pearches ; Thence south-east thirteen de- grees, eighty pearches & ten links; Thence south-east thirty-six degrees, Twenty-nine pearches; Thence south-east fifteen degrees, thirty pearches ; Thence south-west six degrees, Twenty pearches ;
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Thence south-east five degrees, Seventy-two pearches ; Thence south- west eight degrees, fifteen minutes, fiftie-eight pearches ; Thence south-east Twenty-six degrees, ten minutes, seventy-foure pearches; Thence south fourty pearches; Thence south-west twenty-four de- grees, fifty minutes, fourty-foure pearches ; Thence south-cast nine degrees, fourty-four pearches; Thence south-east fifty-four degrees, twenty-eight pearches; Then south-east twenty-three degrees, eigh- teen pearches; Thence south-west three degrees, thirty pearches ; Thence south-west ninteen degrees, seventy-eight pearches; Thence south-east eleven degrees, thirty minutes, seventy-Two pearches ; Thence south-west 'Twenty-eight degrees, thirty minutes, Twentie- four pearches ; Thence south-west Two degrees, One Hundred and Twelve pearches ; THe king's Road South-west fourty-five degrees.
[Record of A Branch out of said Road.
As also a Branch out of the Road aforesaid, Beginning at a white oak in Richard Buzby's Land; Thence north-east thirty-four degrees, seventy-two pearches; Thence north-east Ten degrees, ffifty minutes, thirty-five pearches ; Thence north-east Twenty-three degrees, four- six pearches ; Thence north-east three degrees, ten minutes, fifty-nine pearches; Thence north-east ten degrees, thirty-five minutes, ninty-six pearches ; Thence north-east thirtie-three degrees, fifty-five minutes, fifty-six pearches; p. me, JOHN HARPER, Junior.
[Record of the Road from dunken Williams' Landing To The old king's Road.
By virtue of the Governor's speciall warrant, bearing date ye 28'ª day of October, 1696, to mee directed, psuant to an order of the Governo' & Council, granted upon the applicaon of Andrew Hamil- ton, esq'. Governor of ye Jersies & post m' generall, I Have surveyed & Laid outt the king's roade from ye Landing of dunken Williams, on delaware, in the Countie of Bucks & province of pennsilvania, Beginning there at a spanish oak att High water mark ; thence sixtie foot broad, extending North North-west on each side the Line, divi- ding betwixt the Land of the sd duncken Williams & Nathaniel Hard- ing, Two Hundred pearches; Thence in the sd duncken's Land, north eightie-One degrees, westerlie fourtie pearches ; Thence north sixtie- foure degrees, westerly sixtie-two pearches, Unto the old king's Roade which Leads to philadelphia, & Hath been ancientlie Surveyed & Returned. The Janry, 1696, p. me,
THO. FFAIRMAN, Survey'.
PROVINCE OF PENNSYLVANIA & TERRITORIES.
Minutes of Council in the Assembly, Anno R. R. Gulielmi, Tety nunc Angliæ, &c. Octavo.
[26+ October, 1696.
Att a Councill Held att philadelphia Die Lunæ, 26th Octob', 1696, hora tertia post meridiem.
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PRESENT :
WM. MARKHAM, Esq'., Governo' under Wm. penn, Esq. &c.
Edward Shippen, Jasper Yeates, W'm. Clarke,
Anthony Morris, John Dill, Jno. Donaldsou,
David Lloyd, . John Brinckloe, pat. Robinson.
The Representatives Returned to serve in Assembly, by Sam" Richardson & Wm. Rodeney, acquainted the Governo" that they wer readie to make their appearance, who told them that hee waited for them.
After some time Sam" Richardson, James Fox & Nicholas Walne, (Sam" Carpenter absent,) for the Countie of philadelphia ; Wm. Biles, Joshua Hoops & Wm. paxton for the Countie of Bucks; John Sim- cocke, Jnº Blumston & Caleb pussey for the Countie of Chester ; John Hussey, Cornelius Empson and George Hogg for the Countie of Newcastle ; Wm. Morton, (Richd Willson absent,) for the Countie of kent, (Thomas pemberton & Roger Corbet for the Countie of Sus- sex, absent.) All those present did subscribe the declaraon of fideli-
tie & profession of the Christian beleife & the Test. Adam peterson for Newcastle, Wm. Rodeney for kent, & Jnº Meirs for Sussex ; and took the oathes appointed by act of parliamt to be taken instead of the oathes of allegiance & supremacie, & Subt. the test. The repsen- tatives appearing, being thus Qualified, The Governo' said: Gentl., I desire you to goe together & choose yo' Speaker, & present him to men to-morrow morning att ten of the Clock.
Adjourned to 27th instant.
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[27' Octob', 1096.
Att a Council Held att philadelphia die Martis, 27th October, 1696.
PRESENT :
W.M. MARKHAM, Esq'. &c. et ysdem ut supra.
Cornelius Empson & W'm. Rodeney, from the assembly, told the Governo' that they wer readie to waite upon him; Who answered that hee & Council had expected them a Long time, & desired they might come. Who accordinglie came, ard presented John Simcocke for their Speaker ; Who having disabled himself, Hee desired the Governo' to Command the assembly to choose another in respect he was antient, & that there wer more fitt psons for that trust than hee among the Representatives. To whom the Governo' answerd, that hee was well satisfied in the choice.
Then the Governo' said: Gent , The effectuall Consideraon of her Late matjes Letter was the chief occasion of my calling the last Coun- cil & assembly, and seeing att that time nothing was done to ans" the same, and that the Quota of men, &c. therein exprest to be given by this province to Newyorke, Hath been often demanded of us by Gio- verno' filetcher, Therfore, I propose it to you now as the first thing
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to be Considred. The second thing I Recomend to yo' Consideraon is the Securitic & defense of this province & territories, & that the rather, because when his matie was pleased to restore M' penn to his governmt, Hee gave his Matie good assurance that hee wold take care of the governm' of the same, & would provide for the saftie & secu- ritie therof all that in him Lay ; To Inforce both which, the Go' desired the Secrie to read his matjes Lres patents under the great seal of Eng- land, restoring M' penn to his governmt & her Late matjes Letter: which hee did, & delivred Copies of both to the assembly for their greater ease & satisfaction
. Adjourned to 28" instant.
[28" Octobr, 1696.
Att a Council Held att philadelphia die Mercury, 28th October, 1696.
PRESENT :
WILLIAM MARKHAM, Esq', Governo" &c. et ysdem ut supra, except Jnº Donaldson-sick att philad.
The Governo' told the Council that Hee had received His Excellie Go' ffletcher's speech to the assembly of newyorke, dated 16h instant, which had some relaon to the first thing by him recommended to the assembly, viz : The Consideraon of the Late Queen's Lett for the Quota to be sent by this province to Newyork, and askt the advice of the Council, whether to Lay it before the Assembly. The Council advised him to lay it before them.
Adjourned to 3 post meridiem.
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POST MERID. Att a Council Held att philadelphia, Hora tertia post meridiem.
PRESENT :
WM. MARKHAM, Esq'. Governo', &c., ct ysdem ut antea, except u! antea.
The Governo" Ordered Wm. Clarke & pat. Robinson to acquain' the Assembly to attend him forthwith, which they two accordinglie performed, & told the Governo' they wold wait upon him. MI' Speak- er & the members of Assembly appearing,
The Go' said: " Gentl, You may Remember that the 27" instant " I recomended to you the effectual Consideraon of the late Queen's "Lett', & his Excellie the Go' of newyorke, his demands of the Quoto " therin mentioned, to be sent for the assistance of newyork from this " province. Since which, I have received the sd Go' ffletcher's speech " to the assembly of newyorke, dated the 16" instant, which had some
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" relation to that matter, which I give you, that thereby you may " see the pressures of that province, & the great occasion they Have " of men & monie, & of food & rayment, to be given to those nations " of Indian's that Have Latelie suffered extreamlie by the French, " which is a fair opportunities for you (y for Conscience cannot Con- " tribute to warr) to raise monie for that occasion, be it und" the " Colour of support of governm', or of reliefe of those Indians, or " what else you may call it. The Speaker said they wold Consider " of it."
Adjourned to 30th instant.
[30th Octobr, 1696. Att a Council Held att philadelphia die Veneris, 30th Octob', 1696.
PRESENT:
WM. MARKHAM, Esq', Governo', &c.
Edward Shippen, Jnº Brinckloe, John Hill, &
Antho. Morris, Wm. Clark,
pat. Robinson.
David Lloyd,
The Go' acquainted the Council that yesterday Hee had received a Lett' from his Excelly Go' fletcher, of Newyork, demanding the Quota assigned for this province & newcastle; which hee caused the Secrie to read, and then ask the advice of the Council, whether to send for the assembly & comunicate the same to them. The Coun- cil advised him so to do.
Ordered, that John Hill & Jnº Brinckloe acquaint the assembly to attend ye Gor forthwith, Who reported that the Assembly wold wait upon him speedilie.
Then the assembly desired admittance, and wer accordingly admitted.
Then the Governo' said : " M' Speaker & you Gentl. of the assem- " bly, you are a verie silent & close Assembly, which I believe pro- " ceeds from some jealousies you may have that I intend to take away " yo" Charter. M' Goodson relinquished his assistanceshipp to me, "that Arthur Cook might take it up, by presenting to mee a Comis- " sion from the proprietor to me, which hee had keept hid from mee " these 18 mo's past, & wch authorized me to act according to Law & " Charter, & by another to Sam" Jennings & Arthur Cook, to be my " assistants, which they also keept hid from mee the Like time. " Gentl, After the proprietor had his Governm' restored to him, I was " of opinion that his Charter to you was in force, and I then called " you together according to it, (except in the day,) & endeavored to " putt the governm' in that frame it was in before it was taken from "him, & no man more asserted the powers of the Charter than I did, "and am still readie to doe; But the then Representatives wer of " opinion that it Could not be Reassumed but by a Legislative authoritie.
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" which was a thing of too great moment for mee to have done " wtout advice from the proprietor, who gave the Charter ; and since " att that time you owned not yo'selves to a provincial Charteral " Councill, It was then in my power to dissolve you, which I did. " Gentl, no man ever heard mee say that the Charter was void, & " no man stood more for the defence of it than myself. And had " that Comission which M' Cook now presents to mee from the proprie- " tor, which authorizes mee to act by Law & Charter, been the first " presented to mee, I could not even by it, have acted more Charter- " allie than I did by that by which I then & now act, which authori- " zes mee to act according to the Laws & Usages. And since you " say that the Charter cannot be put into act & motion wtout a Legis- " lative authoritie, If I had power or Instructions from the proprietor "to doe it I wold most willinglie ; But yet for all that, care must be " taken ffor the governm', and if by Charter I can doe nothing by the " king's Letters patents, I must, seeing the emergencie of affairs, call " for it with all dispatch. Gentl, If there be any thing you wold " have me do that may secure anie right or claime you have in Law " or equitie to that Charter, or anie part of it, (besids putting it in " force wtout the proprietor,) I'le offerr that nothing you doe this "sessions shall be any manner of way prejudicial to yo' claime or " right to the same.
" Gentl, Its above 12 mo's since I called an Assembly, & indeed "I was backward to call one, knowing how fond you wer of the "Charter, Hoping to Have Heard from the proprietor ; but now the " emergencies being such that I could no Longer delay the calling "you, I have now called you according to the king's Lres patents to " M' penn, & as neer as I can according to the Customs of the nigh- " bouring provinces. Gentl, yesterday I received a Lett' from his " Excellie Go' ffletcher, demanding o' Quota, &c." Which the Go" ordered the Secrie to read, wch was done, & delivred to the assemblie for their Consideraon.
Then the Speaker of the Assemblie presented to the Governo' a paper of this tenor, viz :
" To the Governo' & Council. Wheras, the Go' has been pleased " to conveen us by his writts, tho' not in the form of Charter, as wee " could desire, Wee have obeyed the same & considred what he has " laid before us, Viz : an ans' to the Late Queen's Letter, & o' pro- " prietor's promise upon his restoration to his governt, And wee are " heartilie & Unanimouslie willing & ready to perform o' duties " therein so farr as in us Lyes, If the Go' wold be pleased to settle " us in o' former Constituon enjoyed by us before this govermt was " comitted to Go' ffletcher's trust. Signed by order of the assemblie. JOHN SIMCOCKE, Speaker."
Then the Go' said : "Gentl., What I have said to you but now " Contains a sufficient ans' to this message, Soe I need not repeat it " again. And Gentl, you may make what Salvo you please to secure " your Charter, so that nothing that shall now be done shall prejudice " your right & claime to it, and Ile consent to it, but I cannot give it " you for want of power."
Adjourned to 4 post meridiem.
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POST MERIDIEM. Att a Council Held att philadelphia Hora Quarta, post meridiem.
PRESENT :
WILLIAM MARKHAM, Esq'. Governo', &c. et ysdem ut supra.
Two members from the assembly acquainted the Governor that the assemblie desired a Conference with some of the members of Council, Wherupon the Go' appointed Wm. Clark, David Loyd, John Hill & pat. Robinson, to join a Comittee of the assemblic, In order to Consider what expedient they may find outt to secure to the people their Char- ter, Liberties & priviledges, if the assemblie will att this time raise monie to ans' the Queen's Letter for the assistance of newyorke, and to meet to-morrow morning.
Adjourned to 31" instant.
[31ª Octob', 1696.
Att a Council Held att philadelphia Die Saturni, 31* Octob', 1696.
PRESENT :
WM. MARKHAM, Esq'., Governo', &c., et ysdem ut Supra.
William Clarke (who was Chairman of the sd Comittee) made re- port to the Governo' & Council in writting, viz : att a Comittee held att philadelphia the 31" instant: psent for ye Council W. Clark, David Lloyd, Jnº Hill & pat. Robinson; for the assemblie, Cornelius Emp- son, Wm. Biles, Sam" Richardson, Wm. Rodeney, Caleb pussey, Jnº Miers, Jn' Blunston, Samll Carpenter. The matter Comitted to Con- sideraon being, what may be the best expedient to ans" the Queen's Letter & preserve the people's priviledges Considering the Governor's ansr to the assemblie yesterday.
After a full Consideraon & debate therupon, It is the Opinion of the Comittee that money may be raised to ans" the Queen's Lres, with this proviso : That the Go", att the request of ye assembly, will be pleased to pass an act with a salvo to the proprietor & the people, and that hee will also Issue outt his writts for choosing a full num- ber of repsentatives on the tenth day of the first mo. next, To serve in provinciall Councill & assemblie, according to Charter, untill the proprietor's pleasure be known therein, and if the proprietor shall disapprove of the same, that then such act shall be void & no wise prejudicial to him nor the people, In relation to the validitie or Inva- liditic of the Charter. And ye sd Wm. Clark further Reported, that the Assemblie have Caried the sd report to the assemblie for their acquiescence to the same.
Then the Go' desired pat. Robinson to acquaint the assemblie that the Governo' waits for them, who returned that they wold wait upon him speedily.
The assemblic appearing, M' Speaker presented to the Governo'
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the said Report, with this addition, viz : The assembly having approv- ed of this report, Humbly request the Governo" to Consider the same and Concurr therein. Signed in behalf of the assembly, ye 31" day of the Sta mo., 1690. JNº SIMCOCKE, Speaker. -
Adjourned to 3' Novemb', 1696.
[3ª Novemb', 1696. Att a Council Held att philadelphia Die Martis, Sd Nov', 1696.
PRESENT :
WILLIAM MARKHAM, Esq', Governo'.
Edward Shippen, Jasper Yeates, John Hill,
Anthony Morris, John Brinkloe,
pat. Robinson.
David Lloyd, Wm. Clarke,
The Governor said : Gentl, I here propose to you a frame of go- vernm' much the same w' the Charter, but with some emendaons & alteraons, which I think to present to ye assembly, & yrfore desired Jnº Hill & Jnº Brinckloe to acquaint them that hee waits for them who return that they will wait on him forthwith.
The assemblies appearing, The Go' said : M' Speaker & you Gentl. of assemblie, I have Considered the Report of the Comittee & yor acquiescence w' it, have drawn up some heads of a frame of governm' with some emendations & alteraons from ye Charter, we I give you, & desire you to Consider of it & draw it up into a bill, & then I will Consider whether to pass it irto an act or not.
Adjourned to 7º 9b", 1696.
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[7ª Novemb', 1696.
Att a Council Held att philadelphia Die Saturni, 7" Novemb", 1696.
PRESENT:
WM. MARKHAM Esq', Governo', &c., et ysdem ut supra, except Jasper Yeates.
The Go' desired pat. Robinson & Jnº Brinckloe to acquaint the assemblie that hee and Council doe wait for ym, who returned :' y' assembly wold wait on him in a verie short time.
The Assemblie appearing, The Speaker presented to the Go' five bills which had past their house. The Governor told ym that hee would cause them to be read & Considred.
Then the Go' desired the Secrie to read the first bill, which hee did ; & ordered the following title to be prefixed to it, viz : The frame of 40
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the governm' of ye province of pennsilvania & Territories yrunto belonging. As also, ordered the two Interlineations in page 2ª to be delet. And in page 34, instead of the words (three years,) to insert the words (Two years ;) and in page 8th, after the words (relating to the peace,) to insert the word (saftic.)
Then the Go' desired the Secrie to read the second bill, entitled an act for raising One penny per pound, &c. which hee did, and ordered in page 4th the words (support of goverm' and) to be delet ; and ordered the Secrie to Cary them back to ye assembly with the sd amendments, for their perusal.
Adjourned to 2 post meridiem.
POST MERID. Att a Council held att philadelphia codiem die, post merid.
PRESENT :
WM. MARKHAM, Esq'. Governo', &c. et ysdem ut supra, except ut supra.
The Go' desired ye Secrie to read ye 31 bill, entitled an act how to raise Countie Levies, which was approved of. As also the 4" bill, entitled an act for preventing of Hoggs, &c. Running att Large in the town of Chester, wch was approved of. As also ye 5th bill, entitled An act for preventing of accidents that may happen by fire in the towns of philadelphia & newcastle, wch was approved of.
Then the Go' desired Jn" Hill to acquaint the assemblies y' he waited for ym forthwith.
The assembly appeared & psented to ye Go' the first two bills wch they past in their house, wt the amendments proposed. Then the Go' Caused ye Secrie read over evcrie one of ye sd five bills three times, & to under writ each bill in these words, viz: philad. ye 7" day of 9br. 1696, this bill being three times read, was assented to by vª Go' & Council, and then hee did pass ym all, one after another, by affixing yrto his hand & Seal of ye province.
Then ye Go' ask't ye assembly whether they had prepared any other bills for his assent. Who ansred no. Then the Go' said: Genti, i doe dissolve you, & you are hereby dissolved.
The end of the 4" Sessions of Council & Assembly.
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[PHILADELPHIA 13th May, 1697.
Att a Councill Held att philadelphia die Jovis, 13th May, 1697, post merid.
PRESENT :
WM. MARKHAM, Esq', Governor under Wm. Penn, absolute proprie- tarie of ye province of pennsilvania and the Territories thereunto belonging.
Sam" Carpenter, John Simcocke, John Curtis,
Edward Shippen, Caleb pussey, Wm. Clark,
Joseph Growdon, peter Alriches, Jno. Hill,
phineas pemberton, Richd Halliwell,
pat. Robinson, Secry.
Upon Reading ye petition of peter Gronendyke, desiring an appeal to the next provincial Court, &c., & full debate yron, It being by the Governo' put to the vote whether the sd petion ought to be granted ; It was caried in ye negative, nemine contradicente.
Adjourned to 15th May instant.
[15ª May, 1697.
Att a Council Held att philadelphia die Sabbatti, A. M. 15 May, 1697.
PRESENT:
WM. MARKHAM, Governo', und' Wm. Penn, &c., et ysdemut antea, except peter Alricher.
Sam" Atkins petion ag' Edmond Dutton, Requesting the Governo' & Council again to order ye said Dutton to receive from him ye 121b. yrin mentned & charges, that hee may be eased from His Unreason- able demands & vexatious proceedings, & that his estate may not be any longer Incumbred & may have Libertie to Leass or sell ye, same, was read.
Ordered, That the Secrie give the sd Edmond Dutton a Copie of the sd petion, and that Hee be summoned to appear befor the Governo' & Council, To make answer to the same.
Adjourned to ye 20“ May instant.
[20° May, 1697.
Att a Council Held att philadelphia die Jovis, A. M. 20° May, 1697.
PRESENT : 1
WM. MARKHAM, esq. Governo' und' Wm. penn, &c., et ysdem ut antea, except ut supra.
The petion of Rob' Chinton, Edmund Lassey & peter Clauson
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being read, setting forth That they wer Comitted Closs prisoners for suspition of piracie & felonie, wherof they wer not guiltie, & yrfor desired Releasment, or that bail might be taken for their appearance.
Ordered, that Robt. Snead appear before the Governo' & Council to-morrow morning, & bring with him his Informaon ag' the peti- tioners.
Upon reading the petion of ye Repsentatives for the Countie of kent, Setting forth THat Richard Willson & Wm. Morton, to whom the care of purchasing a piece of Land & building a Court-house for ye sd Countie att the Head of Jones's Creek, was by the grand Jurie of the said Countie Committed, who have purchased the Land, but denie to be anie further concerned yrin; And therfore, desiring that some other persons that are willing to Compleat such a building, may be appointed, And that the sd Richard Willson & Wm. Morton, Render a just accompt of what they have Received, and how they have dis- posed the same, &c.
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