USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 55
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Adjourned to 12" February, 1698.
[12] February, 1697-8.
Att a Council Held att philadelphia die Sabbatti, 12" Febry, 1697-8.
497
PROVINCIAL COUNCIL.
PRESENT:
WM. MARKHAM, esq'. Go', et ysdem ut antea, except Richard Halliwell.
Joseph Growdon, Chairman of the Comittee appointed to draw up the sd proclamaon, &c. Exhibited to the Go' & Council a draught vrof; Which having been read & some amendments therein made, It was by ye Gor putt to the vote, whether the members of Council did approve yrof or not. It was caried in the affirmative, N. C., which was in these words:
By the Governo' & Council of the province of Pennsylvania & Counties annexed : A proclamaon.
Whereas, o' proprietary Hath Latelie given us to understand of sundry accusaons or Complaints ag' this governm', for Conniving att illegal trade & Harbouring of pirats ; as also, of the reports that are come for England about the growth of vice & Loossness here: As to the former, its evident that they are the effects of the envy & emu- lation of those who by such unfair & indirect means wold accom- plish their designs ag' this governm', for that wee are satisfied the generality of the people, merts, & Traders of this province & terri- tories, are innocent & clear of those imputations ; And this Countrie . being so posited, Philadelphia is become the rode where sailors & others do frequentlie pass & repass between Virginia&& New Eng- land, that it cannot be avoided but the bad as well as ye good will be entertained in such an intercourse ; and since Comon charity obliges us not to presume any persons guilty (especiallic of such great enor- mities) till by some legal probabilitie they appear so to be, and tho' wee find that the magistrats & people in general are & have been ready, & perhaps more active & Conscientious, to serve ye king & his officers ag' all unlaw" trade & piracy, when any such offences have by any means come to their knowledge, than anie of those nighbour- ing Colonies who have been so Querimonious ag' us in that behalf; yet wee can do no less than psuant to our proprietarie's Comands to put all in mind of their rexive dutys, that ther may be no just cause for such Complaints. And as concerning vice, Wee also find that the magistrats have been carefull' & diligent to suppress it, but their endeavours have proved sometimes Ineffectual yrin, by reason that the ordinaries or drinking houses, especiallie in Philadelphia, grew too numerous, & the keepers prof disorderlie & regardless of the tenor & obligaons of y' Licenses, whereby they prove ungrateful to the Go- verno', and a reproach to the governm'. Therfore, these are strictlie to Charge & comand all magistrats & officers whatsoever wtin this province and territories, as they regard the hono' of God & their alle- . giance to the king, faithfully to put in execuon all the acts or Laws of trade & navigaon ; And also, all the Laws & statutes extant ag' piracy, when ever there be any such occasion, & to use their utmost diligence & care in preventing, suppressing & punishing all vice, disorders & Looss living, whersoever & in whomsoever it shall appear. And that end it is by the Governo' & Council ordained, that from & after
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the first day of March next, The Justices of ye peace of each countie in this province and territories, at their rexive General or private ses- sions, may nominate & pitch upon such & so many ordinarie keepers or Inn holders within their rexive Counties, as they shall be well assured will keep good orders & discourage vice; And the Governo' is pleased to condescend that hee will Licence those so approved of by the Justices, & will permitt no other to keep taverns, Inns or drinking houses within this governm', but such as shall be so reco- mended from time to time. And wee further strictlie charge & Comand all psons within this governm', as they will answer the con- trary at their peril, that they give due assistance to the magistrats & officers aforesaid, in putting the sd Laws in execuon, & suppressing vice, that the wrath of God & the king's displeasure may not be drawn upon this poor country. Dated att Philadelphia, this 12th day of the 12h mo., 1697-8, in the year of the reign of Wm. the 31 of England, king.
Wherupon, It was ordered By the Governo' & Council, that the Secry should forthwith write six of ym, one for each Counie, & should subscribe the same as Secry, by order of the Governo' & Council, & transmitt one of ym tu each Countie, directed to the jus- tices yrof, & that they should forthwith publish ye same in their rexive Counties, & then put ym up in the most publick place thereof rexivelie, that all persons Concerned might take notice yrof.
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Upon reading the petion of Wm. Southbee & other Inhabitants of philadelphia, to the Governo" & Council, Requesting ym to place officers of good repute & Christian conversation, & to cause tables of all officers fees to be Hung up in their offices, & that they wold reduce the number of ordinaries & better regulate ym, & to cause the Laws of the province to be put in execution, & Cause stock & cage be provided, & to suppress the noise & drunkennes of Indians, especially in the night, and Cause the Cryer go to the extent of each street when hec has any thing to Cry, and to put a check to Horse racing. The said petion was by the Governo' & Council referred to the Justices of ye peace for ye Countie of philadelphia, for a speedie & effectual remedy of yo abuses yrin complained of.
Upon Reading the petion of Edward Shippen, Anthony Morris Charles Sober, John Farmer, James ffox & Sam" Richardson, justi- ces of ye peace for the sd Countie, ag' Jnº Claypoole, who is & is Like to be incapable to serve y" Countie either as Clark or Sheriff, by reason of his Lameness and misbehaveour, &c., and yrfor desir- ing the Go' to permitt ym to pitch on some others to serve as Clerk and Sheriff for ye Gor approbaon, who may be better able & more reputable to discharge those places.
The Governo' bid ym recomend a Clerk & hee wold Comissionate him, & a person to serve as sheriff during Jnº Claypoole's illness, & y' hee wold Comissionate him ; & said Hee wold give the Justices . an ord' to Cause Jn" Claypoole deliver to ym the books of records & papers relating yrto, The Justices being willing to take the pains to. make up the records of Court.
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499
PROVINCIAL COUNCIL.
Upon Reading the petion of peter Clauson, Cooper, Setting forth, that hee had been Long since apprehended, & his goods seized, upon Suspition of piracy, and that his occasions call him hence for Europe, & that in regard no proceedure is made agt him, Hee prays the Li- bertie to depart the governm', & that his goods may be redelivered. Ordered, That the examinaon of John Matties. in relaon to the peti- tioner's being taken out of a deans vessel by Capt. Avery, be further inspected, & a further Consideraon of ye petitioner's case referred to the next sitting of Council.
PETITION .- Upon reading the petion of Sam" Carpenter, Edward Shippen, Anthony Morris, James ffox & david Lloyd, Willlam South- bee & John Jones, in these words, viz: To the Governo' & Council of the province of pennsilvania & territories yrof, sitting att phila- delphia, the tenth day of the 12th mo., Anno domi, 1697-S. The Humble petion of Sam" Carpenter, Edward Shippen, Anthony Morris, James ffox, david Lloyd, William Southbee & John Jones, in the be- half of themselves & the rest of the people called Quakers, who are members of the monethly meetting, holden & keept att the new meet- ing house, lately built upon a piece of ground fronting the High-street, in philadelphia aforesaid, obtained of the present Governo" by the sard people, Sheweth : That it hath been & is much desired by MANY, That a School be set up & upheld in this town of philadelphia, where poor children may be freely maintained, taught & educated in good Literature, untill they are fit to be put out apprentices, or Capable to be masters or ushers in the said school.
And for as much as by the Laws & Constituons of this governm', It is provided & enacted That the Governo" and Council shall erect & order all publick schooles, & encourage & reward the authors of usefull sciences & Laudable inventions, in the said province and Territories, Therefore, may it please the Governo' & Council, to ordain and establish that at the said town of philadelphia a publick schoole may be founded, where all children and sevants, male & female, whois parents, guardians & masters be willing to subject ym to the rules & orders of the said schoole, shall from time to time, with the approbaon of the overseers thereof for the time being, be received or admitted, taught and Instructed; The rich at reasonable rates, and the poor to be maintained & schooled for nothing. And to that end a meet & convenient house or Houses, buildings & rooms, may be erected for the keeping of the said schoole, & for the enter- tainment & abode of such & so many masters, ushers, mistrisses, & poor children, as by the order & direction of the said monethly meeting shall be Limited & appointed from time to time. And also, that the members of the aforesaid meetting for the time being, may, at y' respective monethly meetings, from time to time make choice of & admitt such and so manie persons as they shall think fit, to be overseers, masters, ushers, mistrisses & poor children of yª sd school, and the same persons, or anie of ym, to remove and displace, as often as the said meeting shall see occasion. And that the over- seers and schoole aforesaid, may for ever stand & be established & fuuuded in name & in deed, a Body politick and Corporate, To Have
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Continuance for ever, by the name of The Overseers of the publick schoole founded in Philadelphia, at ye request, costs & charges of the people of God called Quakers. And that they, the said overseers, may have perpetual succession, and by that name they & their Suc- cessors may forever have, hold & enjoy, all the Lands, Tenements & chattells, & receive & take all gifts & Legacies, as shall be given, granted or devised for the use & maintainance of yª said School & poor schollars, without any farther or other License or authoritie from this governm' in that behalf; Saving unto the Chief proprietor His Quitrents out of ye sd Lands. And that the said Overseers, by the same name, shall & may, with Consent of the said meetting, have power & capacitie to demise & grant, by writting, under their hands & Comon seal, any of the sd Lands & tenements, & to take & purchass any other Lands, tenements or Hereditaments, for the best use & advantage of the said schoole. And to prescribe such Rules and ordinances for the good. order & governm' of the same schoole, & of the masters, ushers, mistrisses, and poor children suc- cessively, & for their & every of their stipends & allowances, as to the members of the said monethly meetting for the time being, or the major part of ym, shall seem meet ; with power also to sue and be sued, & to do, perform & execute all & every other Lawfull act & thing, good and profitable for the said schoole, in as full & ample manner as any other body politick or Corporate, more perfectly founded and Incorporated, may doe.
The Governo' and Council doe grant this petition as is desired.
Commission to Fran. Nicholson, To appoint Judges, Registers, Marshalls & advocats for the Court of Admiralty of pennsilvania upon vacancie, &c. 26 June, 1697.
WILLIAM THE THIRD, by the grace of God, king of England, Scotland, France & Ireland, defend' of the faith, &c. To our well beloved Francis Nicholson, esq. our present Governo' of Mary Land in America, & to the Go' of Maryland for the time being, Greeting : Whereas, wee think it necessarie that for the preventing a failure of Justice, as well in the rexive Courts of admiraltie in the provinces und our Imediate authoritie in the west Indies, as in the several proprieties Contained in the Comissions to the Governors of the sd provinces, for want of proper officers to manage those matters upon any present vacancy, or the death or Legal disabilitie of those Locus Si-7 gilli Ad- miralitatis Anglie. who are in present possession of those employments, The said Governors should in such case be impowered to appoint Judges, Registers, marshalls & advocates, not onlie in the sd admiralty Courts of their owne governmts, but also in those of the proprieties which are nearest to the same. And wee being desirous that Justice should be duly administred in all the provinces and places und' our Imediate authoritie in the west Indies, & also in the several pro- prieties Contained in the Comissions to the Governors of the said provinces, and by these o' Letters patents & Comission, particularlie to provide for o' Courts of admiraltie of Maryland, pennsilvania &
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PROVINCIAL COUNCIL.
west Jersey, have thought fitt to Impower, & do by these psents Comitt & grant unto you, o' present Governo' of Maryland, & to our Governor of Maryland for the time being, full power and authoritie to appoint Judges, Registers, marshalls & advocates for o' admiralty Courts of Maryland, pennsilvania & west Jersey, upon any present vacancie of anie of these offices, or when there shall happen any, either by the death of Legal disabilitie of those who are or shall be in the possession of the same. And wee do Hereby Require you o' present Governo' of Maryland, & o' Governor of Maryland for the time being, to transmitt as soon as possibly you can, to o' Lord High Admiral of England, or to o' Comrs for executing the office of Lord High Admiral of England for the time being, the names of . the respective persons which you shall at any time appoint to the offices before mentioned, in the sd admiralty Courts, in ord' to their being approved or disallowed of: In wittness wherof, wee have Caused the great seal of o' High Court of Admiraltie of England to be hereunto affixed. Given at London, in o' sd Court, the six & twentieth day of June, in the year of o' Lord one thousand six Hun- dred ninty-seven, & in the ninth year of o' reign.
ORLANDO GEE, regr.
The great seal of the High Court of admiralty of England is sub-pended.
[LOCUS SIGILLI.]
Commission to Mathew Birch, to be Collector of yª Customs att New-castle.
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To all people to whom these presents shall Come, Wee the Comis- sioners for managing & causing to be Levied & collected his Maties Customs & other duties in this kingdom of England, send Greeting : Know yee, that wee, ye sd comrs, have, by virtue of an act of par- liam' made in the five & Twentieth year of the reign of king CHARLES THE SECOND, entitled, an act for encouragment of the eastland & Greenland trades, & for better securing the plantaon Trade, and in pursuance of the authoritie and direction to us given by the right honble The Lords Comrs of His Maties Treasurie, have deputed & Impowred, & do hereby depute & Impower Mathew Birch, esq'. to be Collector of all the rates, duties & Imposions arising & growing due to his Matie att Newcastle in pennsilvania, by virtue of the said act. Whereby Hee Hath power to enter into anie ship, bottom, boat, or other vessel ; as also into any Shop, House, warehouse, Hostery or other place whatsoever, to make diligent search Into any Trunk, pack, Casse, Truss, or anie other parcel or package whatsoever, for any goods, warcs or merchandizes prohi- bited to be imported or exported, or whereof the Cus- Locus Sigilli toms or other duties have not been duly paid, and the . same to seize to his Matjes use; as also to putt in Custum. execuon all other Lawful powers & authorities for the better managing or collecting the sd duties, In all things proceeding as the Law directs ; Hereby praying & requiring all &
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every his maties officers & ministers, & all others whom it may Concern, to be aiding & assisting to him in all things as becometh. Given und our Hands and seal, at the Custom-House, London, this Twenty-first day of November, in the eight year of the reign of o' Soveraign Lord WILLIAM THE THIRD, annoque domi, 1696. Robt. Clayton, Robert Southwell, Walter Yonge, Sam. Clark, Ja. Chadmesh. Indorsed thus :- province of pennsilvania, 21" March, 1697-8. The within Mathew Birch, esq'., did upon the day above written, Swear on the Holy Evangeils of Almighty God, that he wold diligentlie & faithfullie execute the within Comission, in pre- sence of mec.
WM. MARKHAM, Governo'.
Recorded 29" March, 1698.
Commission to John Bewley, To be Collector of the Customs att
To all people to whom these presents shall come, Wee the Comrs for managing & causing to be Levied & collected his maties Customs & other duties in this kingdom of England, sends Greeting : know yee, that wee, the sd comrs, have by virtue of an act Locus Sigilli Custum. of parliam' made in the five & Twentieth year of the reign of king CHARLES THE SECOND, entitled, an act for encouragment of the eastland and greenland trades, and for better securing the plantation trade, & in pursuance of the authoritie & direction to us given by the Right Honble the Lords Comrs of his maties Treasury, Have deputed and Impowred, & do hereby depute & Impower John Bewley, esq'., to be Collector of all the rates, duties and Impositions arising and growing due to his matie att Philadelphia, in Pennsilvania, by virtue of the said act. Whereby hee Hath power to enter Into anie ship, bottom, boat or other vessel, as also into any shop, house, warehouse, hostery, or other place whatsoever, To make diligent search into any trunk, pack, Casse, truss, or any other parcel or package whatsoever, for any goods, wares or merchandizes prohibited to be imported or export- ed, or whereof the Customs or other duties have not been duly paid, & the same to seize to his maties use ; as also to putt in execution all other Lawfull powers & authorities for the better managing or collecting the said duties; In all things proceeding as the Law directs. Hereby praying & Requiring all & everie his Maties officer & ministers, & all others whom it may concern, to be aiding & asssisting to him in all things as becometh. Given und' o' Hands & Scal, at the Custom House, London, this twenty-first day of November, in the eight year of the reign of o' Sovereign Lord, WM. THE THIRD, Annoq domi, 1696, Robt. Clayton, Robert Southwell, Walter Yonge, Sam. Clark, Ja. Chadmesh. Indorsed thus :- province of pennsilvania, 21st March, 1697-8. The within John Bewley, esq'., did, upon the day above writtin, swear on the
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Holy Evangells of almighty God, that hee wold diligentlie faithfully execute the within Comission, In presence of mee.
WM. MARKHAM, Governo'.
Recorded 29ª March, 1698.
Commission to Mathew Birch, To be Surveyor & Searcher of the Customs in pennsilvania.
Edward Randolph, esq'., Surveyor General of His maties Customs on the Continent of America, & Islands adjacent, To Mathew Birch, esq'. By virtue of a deputaon granted me by the Honble the Comrs of his Maties Customs in London, bearing date the 13th. day of October, 1691, & in pursuance Likewise of additional articles of instructions from y' Honors, dated att the custom hous in London ye 224 of 7br, 1697, directing mee, amongst other things, Locus Sigilli that in Case of any vacancie by ye death, or wart of any of the officers of ye Customs, or otherwise, To sr. gul. appoint some fit and able person to serve yrin ; And finding no Surveyor & searcher in the province of penn- silvania & Counties annext, I do hereby depute & Impower you, the sd Mathew Birch, to be Surveyo' and searcher of his maties Cus- toms, in the sd province of pennsilvania & Counties annexed, with all the rivers, bays, Creeks & Harbours yrunto belonging, With power to enter any shipp, bottom, boat, or other vessel, as also into any Shop, house, warehouse, Hostery or otherwise, whatsoever, to make diligent search Into any trunk, chest, Casse, truss, or anie other parcel or package whatsoever, To make diligent search for any goods, wares or merchandizes prohibited to be imported or exported, qrof the Customs & duties have not been duly paid, and the same to seize for His Maties use ; & also to putt in execuon all other Law" powers & authorities for the better managing & causing to be Col- Jected the said duties, in all things as ye Law directs, following & observing all such Rules & instructions as you shall from time to time receive from ve Comrs of His Maties Customs in England, or from the Comrs of His Maties Customs for the time being. Given und' my hand & seal of office, att ye port of philadelphia, the 25'h day of March, Annoque domi, 1698, & in the Tenth year of the reign of o' Soveraign Lord king WILLIAM Ye THIRD of England, &c.
EDWD. RANDOLPH, Surveyo' Genr". Recorded 29th March, 1698.
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[19] May, 1698.
Att a Council Held att philadelphia, die Jovis, 19^ May, 1698.
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PRESENT:
WM. MARKHAM, esq'. Lievt. Governo'.
Sam" Carpenter, Wm Biles, Wm Rodeney,
Edwd Shippen, David Lloyd,
Wm Clarke.
Joseph Growdon, Jnº Simcocke,
Upon Reading ye petion of peter gronendyke, for a rehearing of a triall hee had in the year 1690-1, wherein hee was Convicted of perjury, The same was rejected.
Upon Reading the petion of Nicholas Skull & others, Requesting that there may be an allowed rode from the Lime-kilns, for carting of Lime to philadelphia, extending from the sd Lime kilns Into plimouth rode, neer Cressoon, where there is neither Improved Land, Hill nor water to impede,
Ordered that Wm Harmer, Jnº fisher, Daniel Howell, Edward Burch, Thomas Rutter and Nicholas Skull, do soe Lay out the said rode, The nearest & most Convenient that may be, & to the Least prejudice of the Improvts of ye nighbourhood, and to make return "rof in a protracted figure & words, into ye Secries office, In order to & as a final Confirmaon yrof.
Upon Reading the petion of Ann Baynton, Setting forth that her husband, peter Baynton, Late of Chester Countie, some years ago removed himself & most of his estate to England, & left her desti- tute of a Competent means of Livelyhood, promising in some short time to return, & that hee has Latelie sent over a Letter to her that hee has taken another wife there, & never intends to return hither, nor take anie care for her subsistence, & that hee will draw the remaining effects over to England, & Leave her wholie destitute of means of Living, And yrfor Requesting the Governo' & Council to grant her an ord' to take & possess all that is Left or can be found, of her sd husband's estate within this govrnm', towards her necessa- rie Support & alim' as to Justice & equitie does appertain,
Ordered that it shall & may be Lawfull for the said Ann Baynton to take into her hands & possession all that is Left or can be found of her sd husband's proper estate, wtin this governm', towards her support and aliment, as is desired; and it's further ordered, that all & every person & persons whatsoever, wtin this province & Territo- ries, having any of the sd peter Baynton's estate, real or psonal, in their hands or possession, as attorney or otherwise, shall upon sight hereof, deliver the same to the said Ann Baynton, towards her sd support & aliment, whois receit shall be their sufficient discharge from the sd peter Baynton, his heirs, exers, admrs or assigns, and shall be accordingly deemed & taken in all Courts & before all ma- gistrates within this government.
Upon reading the petion of George Claypoole, setting forth that being one of the younger children of James Claypoole, deced, & who by his last will & Testamt give to such of his children as is yrin menoned, all his front Lott of Land, w' y' Improvments yrof, to ym
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& yr heirs forever, and y' yor petitionr having proposed divers waye for a division yrof, but all to no purpose, and yrfor Requesting the Go' & Council to order ye sd division,
Resolved that the sd division be made by the ordinary, according to ye Laws of this province, &c.
Comission. William Massey, to be Collector of the Customs att Lewis, in pennsilvania.
To all people to whom these presents shall come, Wee the Comissioners for managing & causing to be Levyed & collected His maties Customs, subsidies and other duties in this his kingdom of England, send greeting : Know yee, that wee, the sd Com" Have by virtue of an act of parliam' made in the five & Twentieth year of the reign of king CHARLES THE SECOND, intitled an act for encourgment of the eastland and greenland trades, & for better securing the plantaon trade, and in pursuance of the authority and direction to us given by the right Honble the Lords Comrs of his matjes treasury, deputed and Impowered, and do hereby Locus Sigilli Cust. 7 depute and Impower WILLIAM MASSEY, esq'., to be Collector of all the rates, duties & impositions arising & growing due to his matie at Lewis, in pensilvania, by
virtue of the said act, wherby hec hath power to enter into any Ship, bottom, boat, or other vessel, as also into any Shop, house, warehouse, hostery or other place whatsoever, to make dili- gent search into any trunck, chest, pack, Casse, truss or any other parcel or package whatsoever, for any goods, wares, merchandizes, prohibited to be imported or exported, or whereof the Customs or other duties have not been duly paid, & the same to seize to his maties use ; as also to put in exccuon all other the Lawful powers & authorities for the better managing and Collecting the sd duties, in all things proceeding as the Law directs ; Hereby praying and Re- quiring all & every his Maties officers & ministers, and all others whom it may concern, to be aiding and assisting to him in all things as becometh. Given under Our hands and scal. at the Custom house London, the Twenty-first day of Novemb, in the eight year of the reign of our Soveraign Lord, king WILLIAM THE THIRD. An- noque domi, 1696, so Subt. Robert Southwell, Godolphin, Walter Yonge, Sam. Clark, Ben. Overton. Recorded 1" July, 1693.
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