USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 57
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The Assembly appearing, The Leivt. Governo' said : Gentl, I have received a new Comission from the proprietor and Governo'; I yrfore desire you to attend the publishing yrof by the secrie at ya market place, & when that is done, I desire the members of Council to return hither.
The sd Comission having been so published, & the sd members re- turning, The Leivt. Governo' desired the secrie to record ye same In the book of minutes of Council. Here it follows:
COMMISSION. WILLIAM PENN TO WM. MARKHAM, TO BE LEIVT. GOVERNO'.
11º May, 1698. At a Council Held att philadelphia die Mercury, 11ª, May 1698. PRESENT:
WM. MARKHAM, esq', Lievt. Governo', &c.
The Sheriff of the County of philadelphia His Return of Repsenta- tives for Council was produced, qrby it appeared y' ther wer elected Sam" Carpenter & Edw1 Shippen, who appeared.
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The Sheriff of the County of Bucks his Return of Repsentatives for Council was produced, qrby it appeared y' ther wer elected Joseph Growdon & Wm. Biles, who appeared.
The Sheriff of the County of Chester His return of Repsentatives for Council was produced, qrby it appeared y' ther wer elected David Lloyd & Jnº Simcocke, Who appeared.
The Sheriff of the Countie of Neweastle his Return of repsentatives for Council was produced, qrby it appeared y' ther wer elected Richd Halliwell & Jnº Donaldson. The first appeared, the Last absent.
The Sheriff of the Countie of kent his Return of repsentatives for Council was produced, qrby it appeared y' y' wer elected Jnº Curtis. since deced, & Wm. Rodeney, who appeared.
The Sheriff of the Countie of Sussex His Return of Repsentatives for Council was pduced, qrby it appeared y' ther wer elected, Wm. Clark & Jnº Hill. The Last absent.
The sd Sam" Carpenter, Edwª Shippen, Joseph Growdon, Wm. Biles, David Lloyd, Jnº Simcocke & Wm. Clark, did Subscribe the declaraon of fidelitie, the profession of the Christian faith & the Test, & took their places at the board.
The said Richard Halliwell & Wm. Rodeney took the oathes ap- pointed by act of parliam' to be taken in stead of the oathes of allegi- ance & Supremacie, & Subt ye test, and took y' places at ye board.
AND THEN WER PRESENT :
WILLIAM MARKHAM, Esq'. Leivt. Governo".
Sam" Carpenter, Wm. Biles, Richª Halliwell,
Edwª Shippen, David Lloyd, Wm. Rodeney,
Joseph Growdon, Jnº Simcocke, Wm. Clark.
The Sheriff of the Countie of philadelphia his return of repsentatives for Assembly was produced, whereby it appeared that there wer elected, Anthony Morris, James ffox, Sam" Richardson and Andrew Bankson, Who appeared.
The Sheriff of the Countie of Bucks His Return of repsentatives for Assembly was produced, qrby it appeared that there wer elected, phineas pemberton, Robt. Heaton, Joseph kerbride, & Henry Baker, sick. The first three appeared.
The Sheriff of the Countie of Chester His Return of repsentatives for Assembly was produced, qrby it appeared that there wer elected, Caleb pussey, Sam" Louis, Nathaniel Newline and Robert Carter, Who appeared.
The Sheriff of the Countie of Newcastle His Return of Repsenta- tives for Assemblie was pduced, qrby it appeared that there wer elected Adam pieterson, Edwd Gibbs, John Grubb and Joseph Eng- land. The Last absent.
The Sheriff of the Countie of kent His Return of Representatives for Assembly was pduced, qrby it appeared that there wer elected, Richard Wilson, Wm. Morton, both absent; Robert Edmunds & Henry Molleston, who appeared.
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The Sheriff of the Countie of Sussex His Return of Repsentatives for assembly was produced, q'by it appeared that there wer elected Thomas Oldman, Jonathan Bayley, Cornelius Wiltbank and Luke Watson, Junior; The Last sick. The rest appeared.
Anthony Morris, James ffox, Sam" Richardson, phineas pember- ton, Robert Heaton, Joseph kirkbride, Caleb pussey, Sam" Louis, Nathaniel Newline, Robert Carter, Edward Gibbs & Jnº Grubb, did subscribe the declaraon of fidelitie, profession of the Christian faith and the test.
Andrew Banckson, Adam pieterson, Robert Edmunds, Henry Mol- leston, Tho. Oldman, Jonathan Bayley & Cornelius Wiitbanck, took the oaths appointed by act of parliament to be taken instead of the oathes of allegiance and Supremacie, and Subt the Test.
All which members of Assemblie that were Returned and appear- ed, being thus qualified as above, The Leivt. Go' said : I desire you to go together & choose yo' Speaker. The assemblie departed. After some time Edward Gibbs & Tho. Oldman acquainted the Lt. Go' & Council, that the members of Assemblie wer readie to wait upon him. The Lt. Governor Returned yt hee & Council wer ready to receive ym.
Then phineas pemberton, accompanied by all the repsentatives of Assembly, acquainted ye Leivt. Governo", that they had made Choice of him for y' Speaker ; Who having desired to be excused, & yt ye Lt. Go' wold order another choice, The Lt. Go' replied that hee was well satisfied with their Choice.
Then the Lt. Governor addressing Himself to all the repsentatives in Council & Assemblie, said: "Gentl, & you M' Speaker, Ever . " since I received instructions from yr excellies The Lords Comrs of "the Governint, Sub' by ve Comrs of His majes Customs, wch was on " ye 17" March Last, & Lyes upon the table for yo' pusal, I Have " thought the time Long to the day of yo" meeting, that I might advise "wt you about an effectual way to answer every article or Comand " thereof. Our navigable Creeks where smal vessels may Load are "many, & not so well known in England as they are to us here, "yrfor wee cannot expect yr excellies instructions should be so " exactlie framed, nor any Law in England so made, but there may " be some difficulty here to put in execuon every part or Article ; But " this wee know, That it is of duty to take care they be punctually " observed & keept. Therefore, I desire you will diligently peruse " the Laws of trade & navigaon, with the instructions, and where you " find anie article difficult to execute, you will make such Laws as " may make them more easy, & enable the Governo' & his majes " Collectors to pform y' duties with all the securitie possible may be. " I have desired the Collectors to Consider what Laws they think " necessary for his maties Service & interest, & advise mee vrof. " I have promised ym free access & freedom of Speech both to & " in the Council & Assembly, and I expect you will perform it, & " also to any of yo' Comittees. This is the first thing I Have to
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" propose, & desire it may be dispatched before we enter upon any " thing else."
The Lt. Go' delivered his sd speech to the assembly, & appointed Edwd Shippen, Joseph Growden, Wm. Clark, Richª Halliwell & David Lloyd, a Comittee to Join a Comittee of assemblie to Consider of ye sd speech, & to propose such a Bill to be past into a Law as they should think Convenient, and to make report to the Governo" & Council.
Adjourned to the 19th instant.
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[19ª May, 1698,
At a Council Held at philadelphia die Jovis, 19ª May, 1698.
PRESENT :
WM. MARKHAM, esq'. Leivt. Governo', et ysdem ut antea.
Joseph Growdon, Chairman of the Comittee of Council & Assem- blie, appointed to Consider of the Lt. Governo" speech, made report to the Leivt. Go' & Council, that they had with all diligence perused & Considered ye same, & had drawn up a bill for the further Con- sideraon of the Leivt. Go', Council & Assembly, to be past Into a Law, for preventing frauds, &c. which was distinctlie read & debated, article by article.
Ordered y' Daª Lloyd & Wm. Rodney, Carry ye sd bill to the house of repsentatives for y' approbaon; wch they did.
John Hill, returned by the Sheriff of Sussex County to serve in Council, & Luke Watson, Jr. to serve in Assembly, took ye oathes appointed by act of parliamt to be taken instead of the oaths of alle- giance & Supremacie, and subt the test.
[DAVID EVANE.
Upon Reading the petion of David Evans, setting forth that hee was Close prisoner in the comon goal of ye Countie of philadelphia, upon Suspition of Having been a pirate belonging to Avery's Crew, & y' hee had his triall at ye old Bayley in England, before the Lord Chief Justice Holt, & was cleared by proclamaon, but remanded to Newgate for his fees, & was relieved thence by Jnº Lowrie. who had been by the petitioner subpoenaed as a wittnes for him on his triall, & was psent at ye same, & at his discharge, which the peti- tioner was readie to make appear, by the testimony of yo sd Jnº Lowrie, & other Lett" from Credible psons, & yrfor requesting to be discharged from his confinement. John Lowrie appearing before y' Lt. Go' & Council, did Swear on the Holy Evangells of Almighty God, that in July Last hee was at the trial of the said David Evans, at the old Bayley, before the Lord Chief Justice Holt, & heard him cleared by proclamaon; and afterwards saw him in Newgate, paid his fees for him, & tooke him into the said deponent's Lodging ; Also
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a Lett' from one Capt. Humphrey pellew, M' of a vessel. directed to the Lt. Governor, dated 14 May instant, was produced, where- in hee says: I am a perfect Testator, by report of david Evans acquittance, but M' Lowrie who was at his trial at ye old Bayley, London, in July Last, Can more fullie satisfy yo' Honor. The said David Evans also sent to the Lt. Go' & Council a Lett from one James Lewis to his children here, dated the 8ª of 7br, 1697, wherin hee writts that his Cosen, David Evans, having mett with trouble about the psian ship, is now cleared & discharged by Law, for the king's evidence from first to Last, affirmed y' he was prest & forct away by Capt. Avery ; That there were about fifty gentl, as they call them, from Carmarden & pembrockshire at his triall, & tho' some did, yet there was no need for any of ym to appear in his behalf. Hee was at a great charge to bring several M' of Shipps to vindicate the truth of things as to him, but the Judges saw there was no need for any of ym to appear in his behalf, nor to examine vm, & so released Him in open Court, To the great joy & Content of Judge Wogen, Esq'. Sommerford, & the rest of his Countrymen.
Sam" Harrison, mariner, (a man of good Credit here,) also made oath on the Holy Evangells of Almighty God, y' in England hec saw the sd David Evans in Custodie, & saw him Carryed prisoner to London, & knows no more of him but what hee, this deponent, had from ye sd David Evans' own mouth.
Robert Snead being sent for before the Lt. Go' & Council, by whois means the said David Evans was by the Lt. Go' Comitted, was desired to exhibit Informaon ag' him, the said David Evans, which hee did, and which remain on ye file in the Secries office.
Resolved, that if the sd David Evans cannot bring good & suffi- cient securitie to the Lt. Go' & Council, to be bound body for body for him, that hee shall not depart the province untill hee produce from England authentick Certificates of his trial & discharge, y' then hee shall remain as hee is, close prisoner, untill he be discharged by due Course of Law.
The Lt. Go' ordered ye Secry to Issue a Sumons for yo sd R' Snead to appear befor ye Go' & Council post m.
POST MERID.
Att a Council Held att philadelphia dic Jovis, 19" May, 1698, Pos! merid.
WM. MARKHAM, osq. Lt. Go', et yedem ut antca, except Rd Hal- @ liwell.
The sd Robt. Snead appearing, The Lt. Go' acquainted him y' hee had avice from England that v'sd Robt. Snead had wrote to Enc- land. pticularlie to Sir I. Hobion & Coll. Nobt. Quarry. Tabiming ym That tho' y" Governo knew of & had y= proclamaen to seize pirats, yet that he refused to seize several of y' pirats of' Avery's
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crew, & bailed ym after Seizure, & denied & refused guards to watch them, the goal being insufficient. All which hee, ye sd Robt. Sncad, positively denied, & said that hee sent to ye proprietor a Copie of what hee wrote. Hec owned that hee had writt They wer bailed, but not by ye Go', & that hee Complained home of abuses he had re- ceived here. The Lt. Go' told him that it had been his duty, first to have Complained here for redress of the sd abuses, & when y' was denied him here, It was then time enough to have Complained home. Then the Lt. Go' & Council demanded a sight of the Copies of ye sd Lres, that they might make ans" yrto, if hee had charged ym with any thing. Hee replied they wer at Newyork, but expected ym by ye post, & yn he wold pduce ym.
THen the Lt. Governo' said, that there were other Informaons sent home, viz: that many 1001 hhds of Tobacco are Constantlie Shipt from pennsilvania directly for Scotland, & particular men named, & no security taken but beggars, for which bribes taken. That there is an illegal trade from Curasso. That pennsilvania is become ye greatest refuge & Shelter for pirats & Rogues in America, The Go' giving ym Comissions. That a ship Came hither directlie from Den- mark with Copper, tin, & other European goods, wch were all unloaden, & the Shipp unrigged before shee was seized. That a brig- anteen from Newyork took in almost all her Loading of tobacco wtout giving bond or securitie ; & that the bussines making a great noise, The Go' ordered the Collector to seize her, which was done, & pre- paraon made for a trial, but y' before it Came on, The Go' ordered her to be discharged, & that some of the owners say It cost ym 10011 to clear their briganteen. All which hee, the said Robt. Snead, denied, & said Hee knew nothing of it.
. John Moor, a practitioner in Law at the Courts of this province, being sent by the Lt. Go', appeared. The Gor told him y' he under- stood y' Esq" Randolph had named Him to act as attornie General in behalf of his maty, & told him that hee sent for Him to qualifie him to act accordingly in that station, & to put in Suit some plantaon bonds & other actions y' Esq' Randolph intended to prosecute. The said Jnº Moor refused, becaus Esq' Randolph had required him to prose- cute persons to Judgm' & execuon in Cases where hee, the said Jn" Moor, Conceived y' hee, ye sd Esq' Randolph, himself was not Im- powered to discharge, or words to that effect.
Adjourned to 20% instant.
20" May, 1698.
Att a Council Held att philadelphia die Veneris, 20" May, 1698. PRESENT :
WM. MARKHAM, esq' L :. Go', et ysdem ut antea, & Jnº Hiil, Rich Halliwell, absent.
The Lt. Go' appointed Edw4 Shipper, Wm. Biles, Da4 Lloyd & In'
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Hill, a Comittee of Council to join a Comittee of Assembly to examin, adjust & bring in an accot of the debts of the governm', & to report.
Adjourned to 23' instant.
231 May, 1698.
At a Council Held att philadelphia Die Lund, 234 May, 1598.
PRESENT:
WM. MARKHAM, esq'. Lt. Go", et ysdem except Joseph Growdon.
Edw4 Shippen, Chairman of yª Comittee of Council & Assembly; appointed to examin, adjust & bring in the debts of the governm', made Report to the Lt. Governor & Council, that they found the province to stand indebted to sundry persons in ye sum of
Anthony Morris & Cornelius Wiltbank, brought from the Assem- blv to the Lt. Go' & Council, a Bill for Confirming the Laws of this government, which was read & debated.
Adjourned to 24h instant.
1243 May.
Att a Council Hold att philad. die Martis, 24ª May, 1698.
PRESENT :
WM. MARKHAM, esq'. Lient. Governo', et ysdem ut antea, with Joseph Growdon, Rich4 Halliwell, absent.
Sama Richardson & Henry Molleston brought from the house of Repsentatives to the Lt. Go', a bill for Continuing of an act entitled, The Law for the speedy Collecting the arrears of the assessmt Laid anno 1696, which was read & debated.
Anthony Morris & Tho. Oldman brought from the house of Rep- sentatives to the I.t. Go', a Bill Supplemental to re Law ag Robbing & stealing; as also, ye bill for regulating frauds : Both wch wer read & debated.
Adjourned to 26" instant.
26+ Mav, 1609.
Att a Council Held att philad. die Jovis, 26" May, 1698. . PRESENT :
WM. MARKHAM, esq'. Lt. Go', et ysdem ut antea, & Rd Halliwell.
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Jn' Donaldson, Returned by ye sheriff of ye Countie of Newcastle as repsentative in Council, took the usual oaths & test, &c. Caleb pussey & Jnº Grubb, from the house of repsentatives, brought to y" Lt. Go' & Council a Bill to encourage bringing in of money to pro- mote trade & ease paym"; as also, a Bill for regulating the streetts & water Courses in the cities & towns of this governm'; both which wer read and debated.
Adjourned to 27ª instant.
[27* May, 1698. Att a Council Held att philad. Die Veneris, 27ª May, 1698.
PRESENT : WM. MARKHAM, esq'. Leivt. Go'.
Sam" Carpenter, David Lloyd, WVm Rodeney,
Edwª Shippen, Jnº Simcocke, Wm. Clark,
Joseph Growdon, Richª Halliwell, Jnº Hill.
Wm Biles,
Jnº Donaldson,
John Bewley, Esq'., Collector.
The Lt. Go' delivered to ye Secry certain Letters patent, und" the great Seal of England, wch ye sd secrie read, & by reason that a Quorum of ye Comrs yrin named Could not be gott together at ve time to Swear ye Lt. Go' by virtue of ye,sd Lres pat., dated ye 30h of April, in ye 9+ year of ye reign of Wm. the 34, &c. Win. Mark- ham, Lt. Go" of ye sd province, (by virtue of a Late Comission grant- ed to him by ve Right Honble Wm. Penn, absolute proprietor & Governo' of ye sd province of pennsylvania & the territories yrto belonging,) made oath upon the holy Evangells of Almighty God, to do his utmost that all the matters and things Contained in the rexive acts of trade & navigaon in ye sd Ires patt & oath annexed Con- tained, shall be punctually & bona fide observed as yrin is directed. In a full Council held ve sd day, Jnº Bewley, Collector, psent, Where- of an Indorsment is made on the sd Lres pat, & Signed by sd In' Bewley, Collector, Richª Halliwell, Jnº Hill, Wm. Rodeny & Jnº Donaldson, all four of the Council.
The Assembly having repsented to the Lt. Go' & Council as a grievance, That the ordinarie had required exers of Testator's estates to give securitie att yª office; After a full & free debate yrof in Coun- cil, It was ye unanimous opinion & Resolve of ye Lt. Go' & Council, that exers give securitie to the office for the due administraon of the Testator's estate, as admrs do for Intestate's estates.
Adjourned to 234 instant.
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[28 May, 1698.
Att a Council Held att philad. die Sabbati, 28ª May, 1698.
PRESENT :
WM. MARKHAM, esq'. Lt. Go', et ysdem ut supra.
The Lt. Go' Resolved ye whole Council Into Comittee, to Join a Comittee of ye whole Assembly, to prepare an address from ym as ye people's repsentatives to his matie, & to make report, &c.
Adjourned to 30th instant.
[30 May, 169S.
Att a Council Held att philad. 30th May, 1695, die Lunte.
PRESENT:
WM. MARKHAM, esq'. Loivt. Governo', et ysdem ut antea, except Jnº Donaldson & Rd Halliwell.
Joseph Growdon, Chairman of ye Grand Comittee of Council & Assemblie, appointed to prepare an address to his matie, made report that they had prepared ya same, which being read & debated, it was ordered that the same should be engrossed & signed by the members of Council & assemblie, & that the secrie should make outt two duplicates y'of, & to be by the Lt. Go', with the original, sent to England, & that another remain on the file in ye Secries office.
Then the Governo' desired Jnº Hill to acquaint the assembly that hee waited for them. Who returned, That they wold forthwith attend him.
The Assemblie appearing, Mr. Speaker psented to the Lt. Go' & Council several bills which had past their house. The Lt. Go' said Hee would Cause ym to be read & Considered.
After reading of all ye sd bills by yª secrie, the Lt. Go', with advice of the Council, rejected & voted outt some of ym, and the remaining six being three times read, wer by them approved of, viz:
The first entitled, The Law for Confirming the Laws of this go- vernmt.
The Second, An act for preventing of frauds & regulating abuses in trade within this province of pennsilvania and Counties annex't.
The third. The Law for the Continuaon of an act entitled, The Law for the speedy Collecting the arrearages of the assessment Laid in 1696.
The fourth. The Law supplemental to the Laws ag' Robbing and Stealing.
The fifth. The Law to encourage bringing in of money to pro- mote trade, and make paymts more easie wtin this province & Ter- ritories.
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The Sixth. The Law for regulating streetts & water Courses in ye Cities & towns of this governmt.
[PETER CLAUSSON.
Upon Reading the petition of peter Clausson, setting forth, That hee has been under Confinement above a year Last past, upon suspition of piracie & as being one of Avery's Crew, & not brought to trial, and yrfor requesting that seeing no accusaon Comes against him, hee may have Licence to depart this governm'.
The petition' on his examinaon, Having confest that hee had been in Avery's ship, but said he was fo.c't on board, therefor ye Lt. Go' & Council thought fit to reject his petion ; But a motion was made that the Lt. Governo' might write to ffr. Nicholson, Go' of Mary- land, to order a Court of Admiralty to try this petition' & David Evans.
Adjourned to 31" of May, 169S.
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[31ª May, 1698.
Att a Council Held att philad. die Martis, 31ª May, 1698.
PRESENT :
WM. MARKHAM, esq'., Lt. Governor.
Sam" Carpenter, William Biles, " William Rodeney,
Edwd Shippen, David Lloyd, William Clark,
Joseph Growdon, Jnº Simcocke, John Hill.
The Lt. Go" desired Jnº Hill & Wm. Rodeney to acquaint ye assem- blie that hee waited for ym, Who returned yt they wold forthwith attend him. M' Speaker & the whole house of repsentatives appear- ing, the Go' desired ye Secrie to read over all ye six bills, which hee did, & yn underwrote each bill in these words, viz : Philadelphia, yª 31" May, 1698. This Bill being three times read, was assented to by the Lt. Go' & Council, & yn y Lt. Go' past ym all one after another, by signing ye same & affixing thereto the Seal of the pro- vince.
The Lt. Go' having read a Lett" from his grace the duke of Shrews- burrie, Concerning pirats & Sea Rovers, issued forth a proclamaon ag' ym, a Copie qrof remains on ye file of ye minuts of this
In ans' to ya assemblie's paper of grievances; To ye first that security was required from exers, the Lt. Go' told ym y' it was ye opinion & Unanimous resolve of ye Council, that exers do & shall give security to the ordinary.
To the 2cond, that the office of p'bates of wills, & granting of Lres of administraon, was at philadelphia only, Hee told ym y' ye sd office should be settled in each Countie rexivly.
To yª S1, that the Center fair was a nusance, hee told ym y' he wold Leave yt to the care of yª Justices of ye peace.
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To ye 4th, y' Jnº Claypoole was reputed & convicted of ill-fame, & yrfore unfit to be sheriff, Hee told ym Hee should have a fair Hear- ing. As to issuing writts for choosing repsentatives for ye Assembly in ye room of those y' had absented ymselves, Hee told ym y' when there was occasion hee should issue such writts to Choose others.
Then ye Go' said: gentl, If you have anie thing else to offerr at this time for the consideraon of ye Council & Assembly, I'm ready to hear you ; If not, to dismiss you : they ansred no.
Then y Lt. Go' said : gentl, I dissolve you, & you are hereby dissolved. M' Speaker thank't ye Governo" and departed.
Then ye Leivt. Governo' ordered ye members of Council to attend the publicaon of ye laws, & of a proclamaon ag' pirats, to-morrow att ten in ye morning, being 1" June, 1698.
The Go' adjourned ye Council to ye 1* 7br. next.
[15 May, 1699.
Att a Council Held att philadelphia die Luna, 15ª May, 1699.
PRESENT :
WILLIAM MARKHAM, Esq'., Lieut. Governo".
Sam" Carpenter, David Lloyd, Richª Willson,
Edwª Shippen, Caleb pussey, Wm. Clarke,
Wm. Biles, Wm. Rodeney, John Hill.
Upon reading the petion of the Inhabitants of kent County, setting forth that qras there is a certain pcel of land in ye sd County, of - 200 acres, on the south side of dover river, neer the bridge in the king's road, qron the Court house now stands, wch ye sd Inhabitants Latelie pchased from Wm. Southbec, for the publick use of the sd County ; & qras ye said Land being convenientlie accomodated in all respects for ye good & benefit yrof, and it being highlie necessary that a township, with all other priviledges & benefitts, be erected d established for the good of the said County, with fairs att Convenient times, &c., and the sd Land being convenientlie situated for y pur- pose ; And yrfor Requesting y' ye sd Land may be from hence forth erected into a township, & called by the name of Canterburry, & that they have a fair yrin twice a year, and that the same may be Laid outt into Lotts, a Coman & market place, as the County Court & grand Jury shall order and appoint, with streets and publick Land- ings, & y' the freeholders of the said Countie may have their Lotts yrin proportionablie to what they have paid towards it, & that what- soever else may be necessary & Convenient for ye good & benefit
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yrof, may be left to the Court & grand Juric from time to time, as yª same shall be needfull to be done.
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