USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 53
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Ordered, THat the next Countie Court for the said Countie doe appoint two other psons to build the said House, and that the sd Willson & Morton do forthwith accompt with & pay to the said Court, in behalf of ye Countie, what they have received ; And if they Refuse, that the sd Countie Court doe make Return of their Contempt to the Governo' and Council.
Adjourned to the 21" instant.
[21" May, 1697.
Att a Council Held att philadelphia Die Veneris, A. M. 21" May, 1697.
PRESENT :
WM. MARKHAM, esq'., Governo' under Wm. penn, &c., et ysdem ut antea, Except peter Alriches.
Robert Snead appeared before ye Governo' & Councill, who ask't him for his Informaon agt Robt. Chinton, &c. Hee answered that hee had no Informaon nor the proclamaon, but said that hee had sent for yª proclamaon ag' Averie als. Bridgman, and that hee wold no other- wise prosecute the sd Rob' Chinton then as a justice of the peace, & that the attornie generall would prosecute, & y' when the petioners Came to their triall, Hee would exhibit an Informaon ag' ym.
The petion of the Repsentatives for Bucks Countie being read, Setting forth their want of a Convenient Roade from yª Countie of Bucks to philadelphia, & a roade to the ferry att dunken Williams', In manner yrin mentioned, And yrfor Requesting the sd roads to be Laid outt accordinglie ; Ordered, That the sd Roads be Laid outt with the Consent of ye nighbourhood, And that a warrantt be direct- ed to phineas pemberton, Surveyo' for Laying outt the same accord- inglie.
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Upon reading the petion of Mary keys, widdow, Relict & adm'rix of Richard keys, deceased, setting forth That his psonal estate amounts but to 1421b. 1.5s. as p. Inventarie, and that shee stands Indebted to severall persons in ye sum of 1911b. 7s. that is alreadie Come to Her knowledge, and fears more debts vet unknown may come upon her, & finds no bodie indebted to her; Wherby it appears that the sd movable estate will not by farr amount to the paymt of her debts that already appear, farr Less to educate & maintain her & her two poor children : And yrfor Requesting the Governo' and Councill to allow & permitt the petion" att present to make sale of such part or parts of the real estate as they shall sce meet, Towards ye defraying of such just debts, the educaon of her children, Her owne support, & the better Improvment of ye Remaind' of the sd estate to their advantage, According to the Laws and Customs of this pro- vince.
Ordered, That Wm. Clarke & Edward Shippen Inspect & examin the within petition and the truth of the allegaons yrof, & make Report to this board ye 224 instant.
· Adjourned to 22ª instant, Hora 9 A. M.
[224 May, 1697.
Att a Council Held att philadelphia Die Sabatti, A. M. 224 May, 1697.
PRESENT:
WILLIAM MARKHAM, esq', Governo', &c., und' Wm. penn, et ysdem ut antea, except ut supra.
William Clark & Edward Shippen, to whom the inspection and examinaon of the petition of Marie keys, & of the truth of the alle- gaons yrof, was Comitted, made Report to the Governor & Council, that they have examined the allegaons of the sd petition", & do find that shee is Considerably indebted more than the movable estate will defray.
Ordered, That the sd Marie keys be allowed & permitted, and is hereby by the Governo' & Council, allov. ed, permitted, authorized & Impowered for yª present; to make Seal & Conveyance to any persons whatsoever, of the brick house in the Second street in the town of philadelphia, with the Lott of Land & apptenances thereof, & to them & their Heirs & assigns forever, towards the defraying of her & Her sd deced Husband's just debts ; The educaon & maintainance of her two children, her own support, & the better Improvment of ye Remainder of the sd estate to their advantage, according to the Laws & Customs of the said province. To Hold to the said purchasers, & their Heirs & assigns, & to the use and behoof of the sd pcha- sers, their Heirs & assigns in fee simple, & cstate of Inheritance for ever, &c.
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According to a former order from the Governo' & Council y® 153 May instant, Edmond Dutton appeared, & being heard to answer the petition of Sam" Atkins, exhibited ag' him the said day, and being ask't why he did not accept of ye 121b. when it was tendered to him by ye sd Sam" Atkins, according to an ord' of this board the 31ª of Octob', 1696. The sd Edmond made answer that the sd Sam" never made anie such tender, & if hee had, Hee declared that hee never did nor wold accept of ye same. And Sam" Atkins Having produced to the Governo' & Council sufficient prooff of the said tender, (accord- ing to the sd former order,) before the Countie Court & att this board, both by writting, & by the knowledge of some of ye members of Councill,
It was ordered, THat the sd Sam" Atkins doe att the next Countie Court of philadelphia, Consign, deposit & pay the sd sum of 12lb., with all the Legall charges that Have accrued upon the suits upon the bonds of arbitraon, both att the Countie & provinciall Courts, into the hands of Jnº Claypoole, sheriff of ye sd Countie, for the use of the said Edmund Dutton, and that the same so Consigned, deposited & paid, be in full satisfaction to the said Edmund, of all sum & sums of monie due by the sd Sam" Atkins to the sd Edmund Dutton, by reason of the sd arbitration, bond, Judgmt & execuon following therupon ; And that after the said Consignment is made, THat an order from the Governo', und' his hand & seal of the province, be directed to the Sheriff of' philadelphia, Comanding Him to make Restitution to the said Sam" Atkins, of all goods, chattels, houses, Tenements, Lotts and Lands, which be has taken in execuon upon the said Judgment, becaus the said execuon did improvidentlie Issue forth.
Upon Reading the petion of Ann Collins ag' Jnº Crapp, Chirur- geon, his severe treatment of her, Jnº Crapp appeared & produced a warrant, und' ye Hand & Seal of a Justice of ye peace, Comanding him to take her Into His particular charge, to be cured of her mad- ness, & declared that hee used her as a patient in that Condion. Ordered y' ye petitioner & her complaint be & is referred to the jus- tices of ye peace of ye Countie of philadelphia, for relief.
Adjourned to ye 24" instant, hora 9 A. M.
[24* May, 1697.
Att a Council Held at philadelphia die Luna, A. M. 24" May, 1697.
PRESENT :
WM. MARKHAM, esq'., Governo' Under Wm. penn, &c. et ysdem ut antea, except ut supra.
Upon Reading the petion of Edward Antill, Setting forth the rea- sons offered by him ag' a Judgm' obtained in a provincial Court held for ye Countie of Bucks, ye 15% of April, 1695, wherin Gilbert
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Wheeler was appellant, & by which Judgm' the petitioner alledges hee had wrong done him, & y'for desiring from the Go' & Council such Relief as they shall think most most just & equitable, both in Law & Conscience, or grant him an appeal for England, as ye Law directs.
After some debate yron, It was by the Go' put to ye vote, whether ye sd Edward Antill's Case, & ye Judgm' given by ye provincial Judges in the Last Court of equitie in the Countie of Bucks, should be Re- heard in ye next provincial Court in equitie for ye sd Countie. It was Carried in the affirmative, nemine Contradicente.
Ordered, That the said Case & Judgment be Reheard in the next provincial Court in equitie for ye sd Countie of Bucks, by ye Judges to be appointed for ye said Court.
Upon Reading the petion of Tho. Curtis, messinger of the Council for ye Last year, and this ss., desiring paym', Ordered that the Go' Issue his warrant to the Receiver, James Fox, to pay the petition' 51b. 10s. In the order as the act for Assessment in 1696 prescribes.
Upon Reading the petion of sundrie mer"" of philadelphia, about the naval officers' fees, The same was Recomended to ye Consideraon of the assemblies for ascertaining ye sd fees.
The Speaker of the assemblies presented to the Go' & Council a Bill of Charges for their house rent, Clerk & messinger's fees, amount- ing to
Ordered that the Go' Issue his warrantt to the Receiver, James Fox, to pay the sd bill, in y' Order as the Law for ye sd assessment in 1696 prescribes.
Att & Upon the Request of patrick Robinson, Secrie, that the accot of his services done for ye publick from the 7th day of 9',". 1696, to the Rysing of this sessions of Council and assemblie, be made up & paym' made him accordinglie.
Ordered, that the sd pat. Robinson's accot of his Services done for ye publick from the sd 7th day of 9br. to the rysing of this ss. of Coun- cil & assembly, be made up at the next meetting of Council, and paym' ordered him outt of the provincial stock, as soon as it is or can be raised.
Adjourned to ye 10} of June, to the House of phinehas pemberton, in Bucks Countic.
10th June, 1697.
Att a Council Held att the House of phineas pemberton, 10th June, 1697.
WM. MARKHAM Esq'. Governo' under Wm. penn, &c.
Sam" Carpenter, Caleb pussey, Joseph Growdon, phineas pemberton.
Upon Reading the petion of the Inhabitants & owners of Lands
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within the Countie of Bucks, but more especiallie within the Town- ship of Bucks, Setting forth that from the arrival of the English here, divers adventurers settled in that part of the province which was afterwards made into a Countie by the Go' & Council, who did ap- point its Limitts & called it by the name of Bucks, and that the sd Countie has had no market town; And that severalls in the said Countie have Considered of a place for a market town, viz: att the ferry agt Burlington, within the sd township of Buckingham, and that the sd psons have projected the same Into ways & streetts, Having regard to the divisions of divers men's Land by the sd streetts in the sd town as_now Laid down ; And yrfore Requesting the Governo' and Council to take it into their Consideraon, & if they approve the sd place, then to modell the sd streets wherin they are not agreeable to their minds, and where they are to approve ym; as also to grant ym a market there weeklie ; as also to grant ym the Libertie of wharting & building to a Convenient distance Into the river & Creek ; As also that everie street and opening towards the river & Creek may be allowed to be a publick Landing; As also that the buildings on the banck may be so regulated as ther may be a street under the bank, both to the river & creck, and that the major part of owners of Lands there may have power to appoint two or more psons to sec that the sd regulation be observed & keept without anie encroachment; as also that they may have an officer Licensed to Seal all Liquid & dry measures.
The which request being by the Governo' & Council verie reasona- ble, It was Resolved that a town be there erected, and the ways & streets to be according to ye model yª agreed upon.
Ordered, that a fair draught be made (according to the said modell) by phineas pemberton, Surveyor of ye ways & streets, & their seve- ral names & bearings, to be further Confirmed by the Governo' and Council.
Ordered, That Jnº White be licensed to have a seal to seal Liquid and dry measures, according to the sd petion.
Ordered, that a Road be Laid outt from the passage over port- quessing Creek to Neshamine Creek, att Joseph Growdon's Landing, in the Land hee Latelie bought of Thomas flhirman, & from thence to Buckingham, and thence to Joseph Chorley's house, and thence t the River side ; and that a ferrie bo settled att the aforesaid place att Neshamince, and another over delaware, agt the house or Lane of the sd Joseph Chorley, where the road shall be Laid outt.
Ordered, That a bridge in the road over portquessing Creek, be forthwith made new by the Countie of philadelphia & Bucks, att their equall charge.
Ordered, that the said Jos. Chorley Have License to keep the ferrie over delaware, and In' Baldwine over Neshamince, they giving good securitic to the proprietarie for the performance of their dutie therein.
Ordered, That Wm. Biles & phineas pemberton doe discourse the Inhabitants of West Jersie principallie concerned about Laying ouit
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the road for Newyork that side the River, and if possible, to miss mill stone river, or to be Laid outt over it in a convenient & safe place.
[12ª June, 1697. Att a Council Held att philadelphia 124 June, 1697.
PRESENT :
WM. MARKHAM, Esq'. Governo' under Wm. penn, &c. Sam" Carpenter, Caleb pussey, phineas pemberton. Edward Shippen,
The Governo' Having read a Letter from Wm. Stoughton, esq'., Governo' of ye Massachusetts bay in Newengland, dated att Boston, ye 29" May, 169;, in which was inclosed a Copie of his Maties Lett' to the sd Lt. Go', bearing date from kensington, ye 18º of March, 1696-7, Requesting him to encourage the sending of such provisions, victualls & refreshments, as may be usefull to his maties Shipps & Land forces in their expedion to New found Land, In order to the recoverie therof from the french, and the sd Wm. Stoughton's Letter, signifying to the Go' their inabilitie to ans" His maties Comands in respect to their scarcitie of provisions, thought it necessarie for His Maties Service to Comunicate ye same to the Governor, not doubting of his readines to encourage the sending of such provisions, victualls & refreshments to New found Land, as may be needful for His Maties shipps & Land forces employed upon that expedion. Resolved, That the Governo' Issue his proclamaon Signifying the sd occasion, & yrin to give all encouragement Can be desired by any persons that are willing to export anie provisions, victualls or refreshments to new found Land, for the expedion aforesaid, Which hee accord- inglie did ye 17% of June, 1697.
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[1º October, 1697. Att a Council Held att philadelphia the 1ª of Octob', 1697.
PRESENT:
WM. MARKHAM, esq', Governo' under Wm. Penn, &c.
Sam" Carpenter, Edward Shippen, Caleb pussey,
W'm. Clark, John Simcoke,
Richd. Halliwell,
Upon Reading of the petion of Elizabeth Hooton, widdow, & Elinor Whitfield, Her Servant, that they might come to a Speedy triall, upon a psentment brought ag' them the Last provincial Court, aboat the death of Charles Goss, THE Governor putt it to the vote whether they had any thing to object ag' their having a specdie triall, or his granting
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a Special Comission for ye same. It was Caricd in the negative, ne- mine Contradicente; that is, that they had nothing to object ag' y' same.
Ordered, That the Governo' Issue a Special Commission for the triall of the said Elizabeth Hooton and Helinor Whitfield, her servant.
Upon Reading the petion of Robert Webb, for a Rehearing of George plater's ac'on ag' him, att the next Countie Court, or befor the provincial Court, The said petion after full debate, was rejected.
Upon Reading the petion of Thomas Curtis, for Clerk of the mar- ket & Corder of wood, The same was granted him.
Then the Governo' said: Gentl, I Latelie received a Letter from His Excelly Francis Nicholson, Governor of Marie Land, bearing date ye 16'h of August last. I have forborne making ans' to it, Until I had opportunitie to Comunicate ye same to you, in ord' to have yo' advice therein, being equallie Concerned in it with my self: Read it. The Clark reads the direction, viz: To the Right Honble Wm. Mark- ham, &c. att philadelphia. Then the Governo' bid the Clerk read onlie the last paragraph, that being all that concerned ym. The Clerk reads, viz: I hear it's reported that I entered Into Sussex Coun- tie (in which I suppose the whor-kills is) with men & horse, & broke open chests, &c., att which Report I verie much wonder ; therfore, desire that you would do that piece of Justice as to send mee under yo' hand, what you know in that affair. And I think I ought to have it also from under ye hands of those who are of the Council of penn- silvania, &c. And if these two things are denied mee, You must all excuse mee If I esteer: you all enemies to
FFR. NICHOLSON.
After some debate yrupon, It was Resolved ; That seeing the sd Letter was onlie directed to Coll. Wm. Markham, & not to him as Governo', nor to the Council of this province ; Therfor, ye members of Council did Humbly offerr it as their opinion to the Governor, That they are und' no obligation to inake ans"; But as they have hitherto done justice to all who addrest ymselves to this board for it, so they shall ever Continoue to doe the same.
PROVINCE OF PENNSILVANIA AND TERRITORIES. Minutes of Council in the Assembly. Anno Ri. Rs. Gulielmi, Terty nunc Anglie, &c. Novo.
[10% May, 1697 ..
Att a Council Held at philadelphia Die Luna, Ante meridiem, 10~ May, 1697.
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PRESENT :
WM. MARKHAM, esq'., Governo' under Wm. Penn, esq'., absolute proprietor of the province of pennsilvania, and the Territories there- unto belonging.
The sheriff of the Countie of philadelphia his Return of Represen- tatives for Council was produced, whereby it appeared that ther wer elected, Sam" Carpenter & Edward Shippen, who appeared.
The Sheriff of the Countie of Bucks His Return of Representatives for Cour. I was produced, wherby it appeared that there wer elected, Joseph Growdon & phineas pemberton. The sd phineas appeared.
The Sheriff of the Countie of Chester his Return of repsentatives for Council was produced, qrby it appeared that there were elected In" Simcocke & Caleb pussey, who appeared.
The said five repsentatives for ye sd three Counties did subscribe the declaraon of fidelitie, The profession of the xtian faith & the test, and took their places att the board.
The sheriff of the Countie of kent his Return of Repsentatives was produced, qrby it appeared that ther wer elected Griffith Jones & Jnº Curtis, who appeared; But being unwilling to be Qualified at that time, they wer desired by the Governo' to absent for that time.
The Sheriff of the Countie of Sussex His Return of Repsentatives was produced, qrby it appeared that ther wer elected Wm. Clark & Jnº Hill. Wm Clark subscribed the declaraon, profession & Test, ut supra, & Jnº Hill took the oaths appointed by act of parliam' to be taken in sted of the oaths of allegiance & Supremacie, & subt. the Test, and took their places att the board, & yn ther wer
PRESENT:
WILLIAM MARKHAM, esq'., Governo' und' Wm. penn, esq'., &c.
Sam" Carpenter,
John Simcocke, Wm. Clark,
Edward Shippen, Caleb pussey,
John Hill,
phineas pemberton,
Pat. Robinson, Secry,
Resolved, that the Governo' may be pleased to Cause send by an express a warrant to the Sheriff of the Countie of Newcastle, to bring his return. Which the Governo' was pleased to do und' his owne hand & Seal of ye province.
Adjourned to 2 in the afternoon.
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Att a Council Held att philad : die Luna, post meridiem, 10+ May, 1697.
PRESENT :
W.M. MARKHAM, Governo', &c., et ysdem ut antea, &c.
The Sheriff of the Countie of philadelphia his return of Repsenta- tives for assemblie was produced, qrby it appeared that there wer elected Sam" Richardson, James Fox, Robert Owen and Nicholas Walln, who appeared.
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The Sheriff of the Countie of Bucks His Return of Repsentatives for Assembly was produced, whereby it appeared that ther wer elect- . ed Joshua Hoops, Stephen Beakes, Richard Hough and Jeremiah Langhorne, Who appeared ; And those eight did subscribe the decla- rann & profession, and the Test.
The Sheriff of the Countie of Chester His Return of Repsentatives in Assemblie was produced, qrby it appeared that ther wer elected Ja' Blunston, Bartholomew Coppock, Jnº Worth & Jonathan Hays, who appeared & subt. the sd declaraon, profession & the test, ut supra.
The Sheriff of the Countie of kent his Return of Repsentatives in Assemblie was produced, qrby it appeared that ther were elected Jnº Walker, Sam" Burberry & Jnº Bradshaw, Who appeared.
The Sheriff of the Countie of Sussex. His Return of Repsentatives in Assemblie was produced, whereby it appeared that there were elected Luke Watson, Tho. Oldman, (Thomos fisher absent,) and Nehemiah Field, Who appeared.
- The sd Sam" Burberrie & Tho. Oldman subt. ye sd declaraon & profession, & took the test; The other seven took ye sd oaths & test.
All which members of Assemblie y' wer returned & appeared being thus qualified as above, The Governo' said : Gentl, I desire you to goo together & choose yo' Speaker, & present him to mee to morrow morning att Nine of the Clock.
Adjourned to ye 11" instant, Hora 9 A. M.
[y* May, 1697.
Att a Council Held att philadelphia Die Martis, A. M. ye 11º May, 1697.
PRESENT :
WM. MARKHAM, esq'. Governo' und' Wm. Penn, &c. et ysdem ut Supra.
James Fox & Jnº Bradshaw two of the Repsentatives for Assembly, acquainted the Governo' & Council y' ye Repsentatives wer not wil- ling to Choose their Speaker untill the Sheriff of ye Countie of New- castle his Return was made & their Repsontatives qualified.
Adjourned till 12% instant, hora 9 A. M.
[12] May, 1697.
Att a Council Held att philadelphia die Mercury, A. M. 12" May, 1697.
PRESENT :
WM. MARKHAM, esq'., Governo' und' Wm. Penn, &c., et ysdem ut antea
Joseph Growdon appeared & subt. the sd profession & declaration,
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& the test, and took His place att the board. The Sheriff of the Countie of Newcastle His return of Repsentatives for Council was produced, whereby it appeared y' there were elected for Council peter AIriches & Richard Halliwell, who appeared & took ye sd Oathes & the Test : And for Assembly Cornelius Empson, Benj. Gumbly, Jnº Richardson & Jnº Buckley, who appeared & subt. ye above declaraon, profession & test. Then the sd peter Alriches & Richard Halliwell took their places att the board.
Ordered, that Jnº Curtis, returned a repsentative for Council for y Countie of kent, be sent for. Who having Come, the Governo' said that hee hoped Hee was now willing to be Qualified. The said Jnº Curtis ansred, that the Sheriff of ve Countie of Newcastle his Return of Repsentatives being Come, & they being Qualified, Hee was also willing to be Qualified ; Who accordinglie subt. ye sd declaration, pro- fession & Test, & took his place at the board. And then wer
PRESENT :
Sam" Carpenter, John Simcocke,
John Curtis,
Edward Shippen,
Caleb pussey, Wm. Clark,
Joseph Growdon, peter Alriches, Jn° Hill,
phineas pemberton, Richd Halliwell,
Pat. Robinson, Secry.
Cornelius Empson & Luke Watson, from the Repsentatives of the Assemblie, acquainted the Governo' that they were readie to wait upon him. The Go' returned y' hee & Council tarryed for them.
Then John Blunston, accompanied by all ye repsentatives for y' province & territories, presented himself to the Governor, acquainting him y' ye repsentatives there psent had chosen Him for y' Speaker. Who, after hee had disabled himself by telling ye Gor that it was a burden too great for him, & yrfor desired wold be pleased to bear with his weakness, as being unacquainted with such affairs. Then yª Go' said : Sir, you are their Speaker, & I verie well approve of their choice, & its all o' duties to bear with one another's weaknesses, the best of us all being but inexpert in manie things relating to those affairs.
Then the Governo' addressing himself to the repsentatives said : Gent!, & you M' Speaker, "You are att this time mett together, not " by virtue of anie writt nor call of mine, but by virtue of a Law made " by yo'selves, or by yo" repsentatives Last Sessions, & y'for I have " the Less to say to you. I recomend to yo' Consideraon a Letter "which I latelie received from his Excelly Benj" Fletcher, Go' of " Newyork."
Then yª Governo" desired v° Secrie to read his Letter to him, bearing date ye 4+ of May, 1697, wherin his Excelly tells him y' Last year they sent in 3001b. pennsilvania monie, which was expen- ded in Contingencies to feed & cloathe y' Indians, for which hec Returns thanks in behalf of y' province. Hee farther says: you know what orders I have for applying for assistance, & upon what condions ye goverm' was restored to yo' proprietor : yo' Quota is 80 men, &
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the charge for one year will amount to 20001b. & upwards; that there is now 50 men wanting to Compleat the number of forces I design to be att Albanie, of which I do apply to you for 25 men, or a propor- tionable sum of monie, to ans' other charges w' ye Indians, & of pro- curing those men: and then ye Governo' gave it to M' Speaker for y' Assemblie's Consideration.
Cornelius Empson & Sam" Richardson, two members of yª house of repsentatives, acquainted ye Governo' & Council y' y' house Re- quested ye Governo' to appoint a Comittee of Council to join a Co- mittee of yª Assembly, to Consider of ye sd Lett'. To whom ye Go' made ans' that hee would.
The Governo" appointed Sam" Carpenter, phineas pemberton, Caleb pussey, Richard Halliwell, Jnº Curtis & Wm. Clark, (being one outt of each County,) a Comittee of Council to join a Comittee of the Assemblie in ye Assemblies room, to Consider of ye sd Lett" at 3 p. m. & to make report to ye Go' & Council to-morrow morning.
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