Colonial records of Pennsylvania, Vol. I, Part 56

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Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 1330

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Edward Randolph, esq', Surveyor General of Lis maties Customs in the plantaons & Colonies on the Continent of America, and Ishands adjacent, To Captain John Jewell. By virtue of a deputaon granted me by the Honble ye Comrs. of his matics Customs in London, ler- inz date y' Ist day of Oetor, 1691, & in pounce Likewise of addi- tional articles of Instructions from their Hon", dated at the custom

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house in London, ye 22' day of Sept', 1697, directing mee amongst other things, that in case of any vacancy by the death of any officer of the Customs or otherwise, to appoint some fit & able person to serve yrin, giving notice yrof for their Hon" directions yrin, and finding a present want of an officer in the province of pennsilvania, in America, I do constitute & appoint you, the sd Jno. Jewell, to be Surveyor and Searcher of his maties customs in the province of Penn- silvania & Counties annexed, & all the rivers, creeks & bays yrunto belonging, With power to enter into any Ship, bottom, boat, or other vessel, as also Into any Shop, ware-house, hostery, or other place whatsoever, to make diligent search into any trunk, chest, pack, Case, truss, or any parcel or package whatsoever, for any goods, wares or merdizes prohibited to be Imported or exported, grof the Customs & duties have not been duly paid, and the same to seize for his maties use; and also to put in execuon all Lawful powers and authorities for the better managing and Collecting the said duties in all things as the Law directs, following and observing all rules and Instructions as you shall from time to time receive from the Comrs of his Maties Customs for the time being. Given und' my hand & seal of office. att the port of Philadelphia, this 15th day of April, in the tenth year of his maties reign, annoq dui, 1698.

E' RANDOLPH, Surv' genr".

I, Nicholas Hayward, Notary & Tabellion publick, dwelling in London, admitted & sworn, do Certifie & attest unto all whom it may concern, that I have seen and perused certain Letters patents of deni- zation, granted by our Soveraign Lord and Lady king William & Queen Mary, under the broad seal of England, dated the 15" of April, in the fifth year of their sd maties reign, wherein among others. are inserted the names of francis Bassett, Mary Magdalen his wife. Susanna Magdalen & Susannah, their daughters, who though born beyond seas, are made their majesties Leige subjects, and to be held. reputed and taken as subjects born in this kingdom of England; & may as such purchase, buy, sell, and dispose of Lands, tenements and Hereditaments, in this kingdom or any other of their majesties do- minions, as freely, peaceably & entirely as anie subject born in this kingdom ; and that the sd francis Bassett, Marie Magdalen his wife, Susanna Magdalen and Susannah, their daughters, by virtue of the said Letters patents, are to enjoy all Liberties, priviledges and fran- chises of subjects born in this kingdom, without any disturbance. Impediment, or molestaon as by the said patent, relaon being there- unto had, may more at Large appear, of all which act being required of mee, the sd notary, I have granted these presents to serve & ava !! the said francis Bassett, Mary Magdalen his wife, Susanna Magdalen & Susannab, their daughters, ye time & place convenient, y" 25% of April. 1693, & in the 5" year of y' matjes reign. In Testimonium veritatis Signo meo mammali Solito Signari, et Tabellionatus mei Sigillum appo- sui, Roga tus : Nich" Hayward, Nota. pub. Locus Sigilli, Enterodl in the Clark's office of the Citie of New york, in the book of doods N IS, no :.

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257, ye 23ª day of Sept", 1693, p. Will. Sharp as Ck. Indorsed thus : personallie appeared before mee, the within named francis Basset, who made oath upon the Holy Evangells of Almighty God, that hee is the verie self same individual person mentioned in & intended by the within mentioned Letters patents. & no other, So Subt.

WM. MARKHAM, Locus Sigilli in margine. Record 34 August, 1693.

[34 Sept', 1698.

Att a Council Held att philadelphia die Sabbathi, yª S* September, 1699.

PRESENT :

WM. MARKHAM, Esq', Leirt. Governou'.

Sam" Carpenter, Jnº Simcoke,

Wm. Biles,

Edwd Shippen, Joseph Growdon, W'm. Clark.

David Loyd,

The Lt. Go' acquainted the Council y' hee had received a Lre from vª Justices of the peace of Sussex County, & desired ye Secrie to read it, which hee did, viz : may it please yo' Hono', This to o' Sorrows, but according to our duties, is to inform, That on friday Last, in the afternoon, a smal snug-Ship & a Sloop came too wtin our Cape, not wholly undescried, but little dreaded of being an enemy or french, both which they proved, & yesterday morning Landed about 50 men, well armed, & came up yª town & plundered almost every house yrin, . Comitting great spoil, breaking open doors & Chests, and taking away all money or plate to be found, as also, all manner of goods & merdizes worth any thing, together with ruggs, blanketting, & all other bedd Covering, Leaving scarce any thing in ye place to Cover or wear. They brought two English prisoners on shore wt ym bound, one of ym known to be Jnº Reedwood, of philadelphia, His Boy, with whom they wold Sufferr no Converse, but wce suppose ye sd sloop to be said Redwood's, taken Coming out Cinnepuxon Inlett; They all went on board Last night; killed several Sheep & Hogs. They Con- tinue still att anchor in yr birth, as neer in the bay opposite to this towne as they well can find water to ride in, & it's doubted they will be on shore again before night for more Cattle, if not to burn ye houses ; but wee shall endeavo' to Scare ym. They Ly ready for all mischief inwards or outwards by Land or water, and Have pilots any way. They are now in Chasse Inwards of a Briganteen with their sd sloop. The briganteen outsails ym, & wee Hope in God will escape. They are begarly Rogues, and will pillage for a trifle, and do think they may tarry Long enough untill ye man of warr att York may have Speedy notice. They took about eleven of ye Chief of o' town prisoners, & when they had made ym help on board their plund', dismist all except one man, Cap'. Watson's Carpenter. This place is very open for danger, & verie naked for defence. M' Clark's House

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& goods Hath Sufficiently shared in ye villany. Wee hope wee need not repeat ye Calamities aforesd. nor ve great terror y' must necds here attend all Sexes & Sizes ; all which is Submitted to yo" Hono"" most Serious Consideraon, By Sir, yo' Humble Servants .- Luke Watson, John Hill, Tho. Oldman, Jonat Baily.

Therafter the Lt. Go' sent for Tho. Simkins, mariner, who ap- peared, & aged fourty years, made oath y ye name of y" vessel y' took him hee knows not, but yl it was a pirate named Canoot, on board Jn' Redwood's sloop, & y'ye sloop that took ym was said to belong to one William, in providence, & that the pirate took her about the Bahama Islands, as his men said, & that Hec took ye deponent and said Reed- wood's Sloop off Cinapuxon Inlett, 30 miles below ye Cape, & that they wer taken ye 34 Aug', & that ye sd Canloot keept still on board sd sloop, shec being the best Sailor, & yt ye sd Capt. shott one of his owne men for some misdemeanor as they said, formerly committed by him. And further saith not.

Edward Gillibrand, aged about 36 years, being sent for, appeared & made oath y' hee was M' of ye dunmore of Liverpoole, & came from Rapahannock river, out of ye Capes of Virginia, ye 17 Aug'. Last, & was taken by ye sd pirate ye 19%, with the sloop y' now Lyes att phi- ladelpia; y' hee was taken about 75 Leagues off ye Capes of Virginia, about E. N. E. the pirate Lay fair northerlie off ye Cape, & Laid him athwart ye Hause & boarded him att once, & y ye pirate fired but killed none on board him; that hee knows not ye Sloop's name ye took him, and yt at Rapahannock hee was told y' many pirats wer on y' coast, & y' hee heard ye pirats say y' ye sloop grin they took him belonged to providence, & further says not.

The which Lre & deposions being read, The Lt. Go' ask't ye ad- vice of ye Council yrin, Whoise ans' was : That seeing ye king's Lres patent impowers ys proprietarie, His Heirs & assigns, by ymselves or y' Captains, or other their officers, to Levy, muster & train all sorts of men, of what condion or qrsoever born, in ye province of pennsilvania, for ye time being, & to make warr, & to psue ye enemies & robbers aforesaid, as well by sea as by land, even wtout ye Limitts of ye sd province, & ym, by God's assistance, to vanquish & take, & being taken, to putt to death by ye Law of war, or to save ym, att y" pleasure ; And to do all & everie other thing which to the charge & office of a Capt. general of an army belongeth, or Hath accustomed to belong, as fullie & freelie as any Capt. General of an army ever had ye samc. And seeing the Lt. Gor. is vested with the above sd powers of a Capt. General, & is not scrupulous to putt ye same in execuon ; Therfore, ye sd members of Council do referr ye managmt of ye whole affair upon this & ye Like emergencie, to his conduct & prudence. And It is ye Opinion of this board, that what charge shall accrew yrby, ought to be speedily raised by a provincial tax.

The petition of David Evans being read, Setting forth His Long Imprisonment, & y' notwtstanding ve great charge Hec has been att in procuring evidences of his being cleared in England, by his Country, on a fair trial of the Crimes alledged ag' him, yet is still detained

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Close prison', to His ruine; and therfore Requests enlargm' & ye enjoymt of his Liberty. Resolved y' ye petition' make His applicaon to ye Judge of ye Court of admiralty, for his enlargment Or Speedy trial.

[24" Sept', 1698. 0

Att a Council Held att philadelphia die Sabbathi, y: 24" day of . Septemb', 1693.

PRESENT:

WM. MARKHAM, Esq', Lieut. Governor.

Sam" Carpenter, Richd Halliwell, Jnº Donaldson,

Joseph Growdon, John Simcocke,

William Clark,

Wm. Biles, David Lloyd,

The Lt. Gor said: Gentl, There Has Hapened here in this town an action that hath verie much troubled me, & I think in it self verie Irregular, viz : There wer some goods & merdizes Seized by ye king's Collectors for goods imported Contrary to Law, The wch goods Coll. Robt. Quarry, Judge of the Court of admiraltie for this prince & territories, by his warrt to Robt. Webb, marshall of ye sd Court, took from ye said Collectors, & Comitted ym to ye custodie of ye sd marshall, and ye sd Coll. Quarry being upon going to Maryland, 1 was petitioned by Jnº Adams, ye owner of ye said goods, for a replevin, in these words, viz : "To ye Honble Wm. Markham, esq', Go' of the " province of pennsilvania. The Humble petion of Jnº Adams most " humbly Sheweth, That yo' petitioner did, in ye mo. of June Last " past, ship a Considerable Quantitie of goods on board ye sloop " Jacob, Francis Basset M'., bound for this place from New york " wch sd goods, for want of a Certificate, wer seized att New- " castle ; whereupon I, as in duty bound, made my applicaon to Jo' " Hon', & yo' Hon" was pleased to promise mee all ye favour you " Could in such a Case grant mee, And by yo' Honor's advice, I " went down to Newcastle to treat with the Collecto' concerning that, " who not willing to take any advantage to Ruine mee, was verie " willing to observe yo' Honor's Comands & directions, so y' I hoped " (as I thought on good ground) to Have my goods returned mee upon " an appraism', till ve Court wold be. A smal time after my certifi- " cate Came from Newyork, which I showed to the Judge of the ad- " miraltie, & to Esq' Randolph, & requested I might have my goods. " The Judge told me if I had 1000 Certificates I could not have my " goods but in a Legal way, Becaus hee said y' M' was not Qualified " according to Law. I submitted to it, and pray'd I might have my " goods prized, & wold give in good securitie to ans" it att Court, " which was promis't mee (as soon as ye provost marshall had his " Comission, which yet hath not been granted ;) Tho' hee who was

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" the author of all my trouble, & an alien, had his goods & vessel de. " livred to Him; & I was still putt off with fair promises that I should " have ym; when ye advocate (y' is to be) had been att Newyork & " come back again, I should have ym delivered to me instantly. I " yª meantime, understanding I had a Cargo of goods arrived there " for mee, I went to Newyork to dispose of yª same, And meeting wt " y" Advocate on my journey, Hee told mee I might have my goods " if I wold give bail according to my prime Invoice, wch I was will- " ing to do, rather than to Consume so much of my precious time " waiting for I know not what, and so made all possible Haist to New- "york & putt my goods Into a merts. Hands there to sell for mee, " allowing Him Usual Comissions, in regard I was Unwilling to ne- " glect my troublesome bussines here, in hopes of a Speedy dispatch, " according to the manie Reiterated promises made mee. So I made " post from Newyork back again, & Have since made my applicaon to " ye Judge of ye admiraltie, and delivered him my Invoice to puse, & " offered him my oath to it. He told me he wold Consider of it, & " since tells mee hee can do nothing in it, and gave mee some Hints " as though it Stuck wt yo" Hon', & am still putt off wt fair words, " but no such actions. So y' I have assumed the boldness once more " to address to yo' Hon', Hoping & Humbly requesting y yo" Hon' " will please to Consider the great Charge I have been att in having " my goods seized, & paying ten shills p. week storige, almost these 2 " mo's., & in having ym detained from mee ; my several chargeable " and uncomfortable voyages to Newcastle (by yor Honors advice) " to treat with the Collector; my great charge, pains, & trouble in "Coming back from Newyork, together with my great Charge & "Inconveniencie in Leaving my goods there on Comissions; my in- " tolerable Charge in ye Loss of my precious time, & extraordinary "expenses I am dayly att ; the Loss of my market & damnifying of " my goods, wch, for aught I know, may be roten before y" Court of " Admiralty be Constituted, the Judge being bound to Maryland for ye .: advocat's Comission; the great detriment it hath been to my health, " being fallen away since I came almost to skin & bones, by Continual " Concernedness for my hard, Unheard of Usage; the great destruction " of my bussines att home & abroad ; the impairing my Creditt, the " best Jewell I have ; the utter, unavoidable Ruine of my dear wife & " children; yª smal, or no advantage that can redound to his matie or " yo' Hono" by with-holding ym from mee; all which tends to the dis- " honor of his matie in having his subjects wronged in pson & estate, "by Hard hearted, unreasonable officers, & ye discouragm' of ye " growing trade of this province. Yo' petition" Humbly prays yo' " Hon' to Consider yª premises, and grant Hee may Have his goods "on an appraismt, by sworn appraisers or anie other ways, as yo' " Honrs great wisdom may think fitt, being willing to give in Securi- " tie to ans' what may be alledged ag' my goods, and abide ye Ord of " y" Court. And yo' petition', as in duty bound, shall ever pray for " yo' Honrs Happiness & prosperity. JOHN ADAMS, philadelphia, " August 19 ** , 1699."

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I made ans' that I wold not medle with any thing that Lay before the Court of admiralty ; But the day after, as I take it, the sd Coll. Quarry went out of this Town, The sd Jnº Adams, Owner of the goods seized, obtained from Anthony Morris, one of the Justices of yª peace for this County, a warnt, by ye name of a warr' of Replevin, which was executed by ye under Sheriff, and the goods taken from ye marshall & delivered to the sd Jnº Adams, ye owner yrof.

Upon the Complaint of ye marshall, I wrote to the Sheriff ye 27th Aug', 1698, in these words, viz : " Mr. Claypool, I wonder such " an action of replevying ye goods in ye hands of ye marshall of ye " admiralty should be done without my knowledge: It was but yes- " terday that I was petitioned for a Replevin, which I refused; & I " think I have as much power as any man in this governm'. What " complaints & damages may arise from this Let the actors ans' for ; " since I cannot undo what's done, I will declare ag' y' proceedings of " all who were concerned in it : my advice to you is, & I expect that " every thing you have taken by virtue of the warr' of Replevin, be " forth coming in its proper specie." To which the sd Sheriff made an wer in these wrds, viz: "Sir, I perceive by yors, y' Adams of " Boston had been with you to request the grant of a Replevin, & yt " hee had yo' denial. Hee came to mee about foure in the afternoon " yesterday, & desired to have a Replevin of certain goods that was " taken from him by Robt. Webb, not naming him to mee by any " office, & the writt named him Robt. Webb, gentl; I knew not that it " any way interfered with the Court of admiralty, neither did I either "hear or know any ways that hee had been with you. Replevins " have been always here granted by the Justices, and never ques- " tioned by the Sheriff, no more than writts of arrest. I took of him " bond w' Securitie in 3001b. for ye goods to be forth coming, being " several sorts of English goods, five bolts of Canvass, & five & bar- " rels of East India goods, and that hee shall make restituon of ye sd " goods, if it shall be so ordered by ye Court. Had I known you " had been interceded about it, wold not have any wayes medled in it " wtout yo' approbaon; So hope my ignorance yrof may plead my " excuse, being ever willing to obey yo' Comands to ye best of my " power and ability, so subt. JOHN CLAYPOOLE, 72 Aug', " 1698." And Seeing the sd Robt. Webb, marshall of the admiralty, came no more near mee, I sent the Sheriff the following warrant, viz : " province of pennsilvania; By the Lt. Go. Whereas, several " goods & merchandizes wer seized by M. In' Bewley & M. Mathew " Birch, Collectors of his Maties Customs wtin this governm'; which " goods wer delivered by ym Into ye hands or possession of M' Robt. " Webb, marshall of ye Court of Admiralty, in ord' to have ym tryed " in ye same Court, as goods illegallic imported, Which goods wer by " the Sheriff of ye Countie of Philadelphia, taken from the sd Rob' " Webb, by virtue of a warrant of Replevin from a justice of the " peace of the sd Countie, & the goods delivered to Jnº Adams, the " pretended owner thercof; I do yrfor hereby will and require you, to "take into yo' possession ye same & sd goods, & safely keep ym, " untill further order, or that they be brought to trial in such Court

الحالي

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" ye Informer shall think fitt, according to Law, for which this shall " be yo" sufficient warr'. Given att Philadelphia, this 27" day of Aug', " in yª 10th year of ye reign of king Wm., & 18th of ye proprietor's " govm'. Annoque domi, 1698, Wm. Markham. To M' Jnº Clay- " pool, High sheriff of philadelphia Countie." And the sd Sheriff wrote mee in answer this, viz: "Aug 30th, 1698. Sir, Jacob May, " (the under Sheriff,) Has been yesterday & to-day about the execuon " of yor warrt for seizing & Securing of ye goods taken by replevin, " & have not as yet any accot yrof: I hope to wait on you to morrow, " & receive yo' further Comands. To Subt, John Claypoolc." Ther- after the marshall, Rob' Webb, posted outt of town after Coll. Quar- ry, & overtook him at New castle, and there drew up a narrative & swore to itt, but know not as yet what it is ; But Coll. Quarry att his return to philadelphia, told mee hec had sent several Copies of it home, w' Coments upon it as large as the Circumstances of the thing wold bear, wt reflections upon mee in it. I told him I thought hee had been to quick in writting home before hec had first inquired in ve matter Himself. Then the Lt. Go' said, Gentl, Its now late, yrfor wee'll adjourn till Moonday y: 26 instant; & in ye meantime I desire you will think of what I Have Laid before you, and y' you will be readie by yt time to assist mee wt yo' advice in this matter.

Adjourned to 26ª instant.

[26* Sept', 1698.

Att a Council Held att philadelphia, die Luna, ye 263 of September, 1698.

PRESENT:

WILLIAM MARKHAM, Esq'. Leiut. Governo', et ysdem ut antea.

The Lt. Go' said : Gentl, I Hope you Have by this time Consid- ered of what I Laid before you ye 24 instant, & are ready to give me yo' advice yrin. I ask your opinion of the action of Anthony Morris, the Justice of ye peace y' granted ye writt of replevin, becaus Coll. Quarry, the Judge of the admiralty, aggravats it as an action of yª governm", and I think no action of any Justice of the peace, nor no unjust proceedings of any Court, can be termed an action of y governmt.

It was resolved, that the granting of ye sd replevin was no act of the government, nor was the Governor any wise Consenting or privie therto.

Therafter, three of the Justices of y" peace for the County of phila- delphia, viz: Anthony Morris, Sam" Richardson & James ffox, pre- sented to the Go' & Council the paper following, viz : " May it please " the Go' & Council, Wee, the Justices of the County Court of phila- " delphia, understanding that some complaints have been made to you "ag' o' proceedings in a replevin Latelie granted by one of us to John

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" Adams, mert, returnable to o' last Court, do humbly offer this fol- " lowing answer for o' vindicaon. First, that wee look upon a reple- " vin to be the right of the king's subjects to have, & or duties to " grant, where any goods or Cattle are taken or distrained. 2dly, " That such writts have been granted by the Justices, & no other in " this govern', the p'ties giving bond with Surties, to the Sheriff, for " redeliverie of such goods in case ye pltf. in the replevin be cast, " according as is usual in England in such cases. 3dly, That since " wee understood how the goods in Question wer Seized & secured " in ye king's store house, wee might have just grounds to conceive " that the Sheriff might be as proper to secure the same to be forth " coming in Specie, as by the replevin hee is Comanded, as that they " should remain in the hands of Robt. Webb, who is no proper officer " as wee know of, to keep the same, nor hath given any Security or " Caution to this governm' to ans' the king and His people in that " respect, as wee can understand. Lastly, That wee att o' Last Court, " finding this matter to be weighty, tho' wee did not know of any " Court of admiralty erected, nor psons Qualified as wee know of to " this day, to hold such Court, yet wee forbore the triall of ye sd reple- " vin, & Continued it untill wee further advised, & so the pties are to " come before us again att next Court, where wee should be glad to " receive some advice yrin from you ; And rest vo' Loving friends, " Anthony Morris, Sam" Richardson, James ffox, philad. y= 27" of y" " 7" mo., 1698."

Adjourned to ye 27ª instant.

[27th Sept', 1698.

Att a Council Held att philadelphia die Martis, 27ª Sept', 1698. PRESENT :

WM. MARKHAM, Esq'. Leiut. Governo', et ysdem ut antea.

The Lt. Go' Sent for the Justices of ye peace of the sd County of philadelphia, that Satt on the bench the last Countie Court. There appeared Anthony Morris, Sam" Richardson & James ffox, (Edward Shippen, one of ym, being gone to New england,) The Lt. Gor told ym y+ Coll. Robt. Quarry & m' Jn? Moor, had been with him, & told him y' in ye sd Last County Court, there wer great reflections made upon Coll. Quarrie's pson, & his Comission ; And that the Court per- mitted a petion to be read in Court that had many reflections in it upon sd Coll. Quarry, wtout any reprimand or notice taken of it. Gentl, I am sorry to Hear & unwilling to believe these things. But y' I may be satisfied in ye truth yrof, I sent for you to have it examined before this board ; But ye time of ye provincial Court's circuit being come, wherein Some of yª Council are Judges, I cannot have a Quorum of yª Council until ye sd Court be over, and then I shall call a Council on purpose to examin ye sd Complaints. WHereupon some of ye members of Council moved that the Lt. Go' wold be pleased to Cause Coll.

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Quarry & Jnº Moor, to reduce y' Complaints to writting, yt yª paons Concerned might make their defence thereunto.

Adjourned till further order.

MINUTES OF COUNCILL IN ASSEMBLIE, Anno Ri. Rs. Gulielmi terty Angli, &c. decimo.

10th May, 1693.

Att a Council Held att philadelphia, die Martis, 10º May, 1698. PRESENT: WILLIAM MARKHAM, Esq'., Leiut. Governo', by virtue of a Co- mission granted to him by the Right Honble William penn, absolute proprietor and Governor of the province of pennsilvania & the ter- ritories thereunto belonging.

Sam2 Carpenter, Richª Halliwell,

William Clark '

Edward Shippen,

William Rodeney, David Lloyd.

John Simcocke,

The Leiut. Governo' sent the secrie to the Representatives in As- sembly, to acquaint them that hee waited for ym, who returning, told him that they wold attend him forthwith.

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Colonial records of Pennsylvania, Vol. I, Part 56

Author: Publication date: 1838 Publisher: [Harrisburg] : By the State Number of Pages: 1330

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 1330