USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 58
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Upon reading the within petion, the Leiut. Governo and Council granted the same as is desired, & that after ve 20th of June next, the within town shall be called Dover.
[ELIZ. CROCKSHANK'S petion.
Upon Reading the petion of Eliz. (Late Cruikshank, now) Hall, exrix. of ye Last will & testamt of Alex' Cruikshank, deced, setting forth y' qras the per's sd husband, deced, by his last will & testamt, did bequeath to his daughter Hesther, a negro girle Hannah, & the rest of his real & psonal estate to yo' pe'r., to be managed by her till her children, in number five, should come to the age of 21, & yn to be equallie divided among ym, & yo' per. to have her thirds att her disposal, & did make her exrix yrof, as by said will appears ; and qras, his real estate being a plantaon att passyunk, was apprized att 170£, & his psonal att 480lb. 173. 104, in all 550£ 17' 101, as p. Inventarie appears, and y' shec hath lost by death of negroes & cattle, & paid & disbursed towards paying of debts & educaon, & maintainance of her children, 308lb. 9d, (as p. her accots exhibited to & proved before ye Gor, in presence of Tho. & Eliz, two of her children, now of age, appears,) who pronounced for the validitie of her accots, & ordered yo' per. to make distribution to ym of yr pro- portions of the remander of ye sd clear estate, after shee had deducted her third p't yrof, according to the sd will: And by which accots there appears to be due from your per. to ye sd estate, to ball 242 175 14, qrof yo' per. is to have one third, is 80' 19', as p. will, & ye sd five children are to have the remainder, wch is 1511 18º cquallie among ym, as they come to age, wch is 321 7 74 to each one of them, if ya sd plantaon sell for what it's apprized att. And qras, by ye Law of this province about Testats & Intestats estates, It is provided y' after all debts are pd the surplusage or residue (if anie be) of the testator's psonal estate, shall be by the exers divided according to y' Last wills, y' widows having a third of y psonal estates. And qrby its also provided, y' where ye sd testators or intestators psonal estates are sufficient to pay all v' debts, y' their real estates shall be invest- ed & remain as their Last will & testamts devise ye same, the widow having a 34 på yrof.
And gras, ye sd psonal estate is not sufficient both to pay ye said Thomas nor Hesther yr proporons of ye sd clear estate, nor to pay her, the sd Eliz. her thirds yrof, no' to bring up, educate & main- tain the other 3 youngr children, nor to keep in repair, uphold & save from ruine & destruction ye sd plantaon, nor to improve it to all y' advantages, & that ye sd Thomas is neither willing nor able to pchass ye sd plantaon, outt of which to pay himself, the other children & yo' per's. thirds; but is most willing ye same should be sold for ye purposes aforesaid, wch cannot be done wtout the order of this board; And yrfor, Requesting y" Go' & Council to permitt & allow her, ye per, to sell & dispose of ye sd plantaon, towards the defraying of ye sd proportions, & of yo' pers. thirds, Her owne sup-
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port, & the maintainance & education of her other 3 children, & the better Improvement of ye remainder to y' advantage.
The Lt. Governo' & Council appointed Wm. Biles & Caleb pussey to inspect into & examin the pers. accots, & the truth of the allegaons in ye sd petion menoned, & to make report yrof to this board to- morrow morning.
[DAVID LLOYD's petion.
Upon reading the petion of David Lloyd to the Lt. Go & Coun- cil, setting forth that the per. Hath pchased a Smal pcel of Land att Chester, Called the Green, wch Lyes verie Comodicus for build- ing a town. It fronts both to Chester creek & delaware river, & is protracted, & a market place Laid outt, with streetts. by ye Sur- veyo" General, as by the mapp to the said petion annex't appears ; And yrfore, desiring this board to allow of & Confirm the sd modell, as the Law in that case directs. As also upon reading a Letter from M' Jasper Yeates, Directed to the Secry in May, 1699, wherein hee says : Sir-I inclosed send you a petion wch,I desire you to prefer to ye Go' & Council, in case M' Lloyd putts anie thing in, or moves to strengthen his title to the green. It appears to be Church Land, becaus it's from ym hee derived his pretended Title ; if M' Lloyd moves not, there will be no occasion to putt foreward the petion. And upon reading the said Jasper Yeates' petion to the Governo' & Council, setting forth that hee is informed there is a design on foot by M' Lloyd, to obtain an act of Assembly to strength- en a pretended title of his to the green Lying before Upland ; that the sd Green is realie Church Land, & appropriated by a donation to y' use for ever, And yrfor praying there may be no procedure yron till notice be given to ye psons Concerned, & due time allow- ed, y' they :nay Lay before yor Honors what they have to alledge in behalf of the Church.
Upon debate on both the sd petions, The petion of ye said David Lloyd is granted, saving to the proprietor & Go', & to all other per- sons, their rights.
Adjourned to ye 16ª instant.
16ª May, 1699.
Att a Council Held att philadelphia Die Martis, 16 May, 1699. WILLIAM MARKHAM, esq'. Leivt. Governo', et ysdem ut an" tea, &c.
Wm. Biles & Caleb pussey, to whom the examinaon of the petion & accot of Eliz. Cruikshank was Comitted, made report, that they had viewed & examined the same, & her stated accots with the vouchers yrof, & found y' shee hath Lost much by the death of ne- groes & cattle, & been at great charge in maintaining & bringing
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up her children, & has paid considerable debts; and that there is yrfor a necessitie to sell ye plantation yrin menoned .
Resolved & Ordered, that the sd Eliz (Late Cruikshank, now) Hall & her husband, Richard Ha", with the consent of Thomas Cruik- shank, her eldest son, be allowed q- permitted, & is hereby, by ye Go' & Council, allowed, permitted, authorized & impowred, to make sale & conveyance to anie psons whatsoever, of the within plantaon att pas- syunk, with its houses & all its apptenances, Containing - acres of Land, & - acres of Marsh, & to ym, y' heirs & assigns for- ever, towards the defraying the proporons in the sd petion menoned, & of the pers. thirds, her own support, & the maintainance & edu- caon of her other 3 children, & the better improvment of the Re- mainder, to their advantage, according to ye Laws & customs of ye sd province. To hold to ye sd purchasers & y' heirs & assigns, in fee simple & estate of inheritance forever, &c.
Upon reading the petion of some of the Inhabitants of Chichester, in the Countie of Chester, Requesting a weeklie markett & two fairs in the year; After a full debate yrupon, The Leivt. Go' & Council granted ym a weeklie market on friday's, to be keept in broad street as is desired.
17ª May, 1699.
Att a Council Held att philadelphia die Jovis, 17" May, 1699.
PRESENT :
WILLIAM MARKHAM, Esq . Leivt. Governo", et ysdem ut antea.
The Lt. Go' acquainted the Council that the proprietor & many others in England, wer dissatisfied about the monies being advanced in this province above the rate putt on it by the nighbouring Colonies, & y' the raising of it might be prejudicial to the proprietor's Interest in the Quitt rents.
It was ye Unanimous Opinion of ye Council, y' the advancing the monie wac but a prudential act to keep mony in ye province, & that it was never intended to be prejudicial to ye proprietor's quit rents, nor should it be.
[PETITION about ya streetts.
Upon reading the petion of several of the Inhabitants of the town of Philadelphia, setting forth the neglect of Levelling the streets, & ordering the Currents yrof, & the annoyance of the inhabitants by obstruction of the said Currents, and yrfor requesting ye Gor & Cosn- cil to appoint psons to remedie ve same, according to Law. Ordered that Edward Shippen, Joshua Carpenter, John Jones, Charles Read, Jn' parsons, Wm. Southbee, & Robt. Turner, or anie foure of them, do with all' expedion psue y" Law made in the year 1699, entituled The Law for regulating streetts & water-courses in the cities & towns
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الا التجارة
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of this governmt ; & that they begin with the High-street: Currents in y front yrof & Highstreet wharth, The Currents between Robert Vieldall's & the widow Borden's, & the Currentts & wharff by Hum- phrey & John Morrey's, & Wm. Hearr.
[29* June, 1699.
Att a Council Held att philadelphia Die Luna, the 29 day of June, 1699.
PRESENT :
WM. MARKHAM, Esq'. Leivt. Governo'.
Sam" Carpenter, William Biles,
Caleb pussey,
Edward Shippen, David Loyd,
Upon reading the petion which Robert Brandingham & William Stanton (prisoners in the Countie goal of philadelphia, upon suspition of piracy) did exhibit to the Governo' & Council for a speedie trial ; & Jnº Tudor of Newyork being heard in their behalf, & the mater debated, and this board being informed that the Lord Bellamont, Go' of new york, has a proclamaon from his matie for pardoning such pirats as shall surrender ymselves within a Certain time yrin men- tioned, (with an exception of Avery and kidd,) It was resolved that care be taken to obtain the Certaintie of the Contents of ye sd procla- maon, if anie such be, and that then further answer be given to the sd petion.
30th July, 1699.
Att a Council HIeld att philadelphia die Luna, yo 30" day of July, 1699.
PRESENT :
WILLIAM MARKHAM, esq'. Leivt. Governo'.
Sam1 Carpenter, David Loyd, Caleb pussey.
Edward Shippen,
Upon reading a Letter from Richard Halliwell, one of the Justices of the peace of ye Countie or Newcastle, directed to the Leiut. Go- verno', in these words, viz: Honoured Go', Sir, This Comes to acquaint yo' Honour that this day was several evidences taken before me relating to several words & passages that happened upon ye water yesterday, betwixt M' Birch, Collector, & Several other per- sons in another boat, bound up the river. M' James Meinzics, being one that was accused for words & act, being this day in Newcastle,
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was bound in ye sum of five hundred pounds, with securitie, for his appearance before yo' Hon' before the first day of Aug' next, to ans' to such matters as shall be objected ag' him. I have given M' Mein- zies a copie of the whole accusation, & Coll. Quarrie another, keeping the original my selfe, Leaving the prosecution of the matter to yo' Honor's discretion. I confess its a thing not practicable; but wee having no king's attornie, the Last provincial Court to prosecute what was there cognizable, Could see no way more Safe & expedi- tious than to referr ye matter to yo' Hon'. Sir, if you think reasona- ble to have the original affidavits, they shall be sent, when yo' Hon' Comands them from your most Humble Servant.
RICHARD HALLIWELL, Newcastle, July ye 27ª, 1699.
Upon reading the petition of James Meinzies of Boston, to ye Lt. Governo' & Council, Setting forth that hee being imployed by Mr John Boreland & Jnº- Maxwell of Boston, merts, to receive several debts due to ym in these parts of America, & according to their Letter of attornie, hee received in west Jersie about 500£ due to ym, Which Sum yo' petitioner Carrying along with him in a boat, from the Lower parts of West Jersie to philadelphia, where hee was to dispose of ye same for his Constituents, according to their order, One M' Birch of Newcastle, with 3 or 4 men more, Came out in a boat from Newcastle upon ye 26th of July instant, & came up with the boat in which yo' petitioner & several others were, and demanded from whence they Came; to whom it was answered from below ; & Birch asking what Loading was in ya boat, Hee was told there was none but Cloathes ; and hec desiring to know what was in the Chest that was in the boat, the same being opened, hee saw the monie, which yo' petitioner told belonged to M' Jnº Boreland, & toohe up one of the baggs marked with I. B. and the sd Birch desiring ym to go with him to the key att Newcastle, which they could not do, both wind & tide being ag ym; The petitioner told him hee was bound to philadelphia, & if hee pleased to Come on board hee might see what was there; and yo' per. being a stranger, & seeing neither the king's Jack on board wt sd Birch, nor anie power nor Commission hee had for stop- ing ye boat yo' per. was in, Wee turned our boat & came towards philadelphia ; and the day after yo' petitioner being att Newcastle about his Lawll bussines, Upon informaon by said Birch to Justice Halliwell, ther wer several affadavits taken, & yo' per. obliged to enter into recognizance for appearing befor the Honord Lt. Go' before ve first of Aug' next; and ther being as yet no Crime Laid to y' peti- tioner's charge, nor anie pson appearing to accuse hin, & a great part of the affadavits being false, as yo' per. can make appear by the testimonies of psons of undoubted fame, who wer in ye boat with him, and yrfor requesting ye Go' & Council, upon due Consideraon of ve premisses, to dismiss ye per. & discharge his bail, and yor per. shall pray, &c.
Upon full debate on both, It was resolved that (in respect the said Justice Halliwell had not certified ye Complaint to ye Gor & Council) the sd James Meinzies should be bound with surcties, to appear before
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ye Go' & Council y' S" ensuing, to ans" ye same, and y'a wrant be issued from ye Lt. Go', under his hand & seal of ye province, requir- ing ye sd Justice Halliwell, & M' Mathew Birch, Collector of Newcastle, to appear before him & Council ye sd day, bringing wt ym ye original affidavits taken ag ye sd Ja. Meinzies & the other psons yrin named, with all other papers, psons & witnesses relating to ye sd matter.
Adjourned to ye 8th of August next.
Att a Council Held att philadelphia, die Martis, Stb of August, 1699.
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WM. MARKHAM, esq', Leiut. Governo'.
Sama Carpenter, WVm. Biles, David Lloyd,
Edw' Shippen, phineas pemberton, Caleb pussey,
Henry Mallows, mess' of yº Council, to whom ve abov sd warr' was directed, did return ye same to the Lieut. Governo" & Council, dulie executed. The sd Richª Halliwell & Mathew Birch (with Coll. Quarry, who told y& Lt. Go" & Council y he was Comanded by ye sd Birch, Collector, to appear wt him att this board on his maties behalfe) ap- peared, and sd Justice Halliwell delivered to ye board ya original affi- davits of Jacob Boditt, James Hunt, & Harman peterson, taken before him, ag' Ja. Meinzes, Ja. Howe, Ja. m'Colme, Edward Robinson, Jn" Hues & Tho. Rogers, two boatmen, & one , Boatswaine, of ye ship --- , Which having been read, The Lt. Go' told ME Birch, Collector, yt if hee had been abused in the execuon of his office by all or any of ye sd psons, the acts of navigaon did prescribe how, where & when, & by whom they should be tried, & y' it was not cognizable before this board. But since it was brought hither by mistake of ye Justice in his duty, hee should have Libertie to prosecute y sd psons att anie Court in this governm', & yet hee was readie to bind over so manie of ym as was in his governm' to answer ye same.
To which ye sd M' Birch, Collector, replied that hee thought it not reasonable y' hoe should prosecute ym att his owne charre. The Leiut. Go' advised him to Consider of it, & told him hee wold send y" attornie general to assist him. The sd Birch went forth with Coll. Quarry to advise, who returning. desired that all these might be bound over wch are Contained in ye affidavitt, att ye next Court of quarter sessions to be held att Newcastle, which was granted.
Accordingly, ye sd James Meinzes recognized himselfe in 300£, and Charles Sanders, his securitie, in 20066, to his matie, that the sd James Meinzies should appear att ve sd Court ye sd day, & there ans" y* Complaint of yª sd Collector, & not depart y Court wtout .Licence.
Then y' Lt. Go' desired vª mess' of the Council to Sumons Edward Robinson & James McColme, to appear att this board to-morrow morning.
Coll. Quarry said, yi hoe had Latolie been in Virginia & Maryland,
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& there had heard y' ye Go' there intended to secure ye psons & effects of all psons suspected of piracie, Untill his maties pleasure be further known, & y' hee had Consulted his Comission of Judge of ye admiraltie, & found y' notwtstanding ye Law past here by advice of the Honoble ye Lords Comissioners of ye plantaons, ansrable to ye Jamaica act, y' hee had not power yrby of trying piracy, but had writt to Secrie Vernon yrof, & ye Lords of ye admiralty. And then he sd that hee himself was a Considerable trader in this province for himself & several others in England, & yt hee had some vessells now at sea on y' accot, & y' tho' hec expected some dayly, yet was afraid y ye first news hee should hear of ym wold be that they wer taken by pirats, & y' they had of Late grown so numerous & insolent, that they spared not even his maties Chambers & ports where shipps of warr are numerous, & that they had Comitted several murthers on board his maties shipps of Warr.
To all which the Lt. Go' replied, that hee had secured all that he could heare of v' wer suspected of piracie, wt yr effects, & had sent advice yrof to England, & y' hee wondered y' Coll. Quarry, by him self or his deputie, Robt. Snead, had apprehended two psous upon. suspition of piracy, & had possessed ymselves of y effects, & not trusting ym to ye Justice of this governm', (tho' apprehended in it) nor acquainted ye governm' with it, Sent ym outt of it to West Jersie, which act of Coll. Quarrie's, or his deputie's, was by ye Gor & Coun- cil resolved not in ye power of ym to do, & a Contempt of this govern- ment.
Upon reading the petion of Robt. Brandingham & Wm. Stanton, prisoners in ya Countie goal of Philadelphia, upon suspition of piracy, setting forth y' y' estates wer seized & detained from ym, tho' nothing had been proved agym, & yrfor requesting they may be discharged, - & yr monies & goods restored to ym, or admitted to a speedie trial, & in ye meantime to be allowed bail for yª psons & estates.
The Lt. Go' & Council being informed y' notwtstanding ye pers. wer Comitted Close prisoners, vet they went att Large about ye town. In' Claypoole, Sheriff, appeared, & ye Lt Go' acquainted him y' great notice was taken & Complaint made y' Rob' Brandingham & Wm. Stan- ton, who had been Comitted prisoners to ye Countie goal of Philadelphia upon suspition of piracie, had great Libertie, & went about the streetts verie often att Large. To which the sheriff replied, that they never went wtout his Leave, & a keeper, wch hee thought might have been allowed in hott weather.
Whereupon the Lt. Go' strictlie charged him that those persons y' had been Comitted for suspition of piracic & other felonious acts, should be keept Close prisoners, & y' hee be verie watchfull y' they make not y' escape, to ya scandal of yª governm'.
م دون : :
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[9] August, 1699.
Att a Council Held att philadelphia die Mercury, 91 August, 1699.
WILLIAM MARKHAM, Esq'. Lieut. Governo'.
Sam" Carpenter, phineas pemberton, Caleb pussey.
William Biles, . David Lloyd,
According to an ord' of Council ye 8" instant, appeared Edward Robinson & John McColme. The Lisut. Governo' told ym yt y' had been affidavitts taken ag' vm & some others, before Justice Halliwell, for abusing M' Birch, Collector of Newcastle, in the execuon of his office, & y' it was ye sd Collector's desire y' ye psons in the sd affida- vitts named should be bound over to ans" his Complaint att a Court of Quarter sessions to be held att Newcastle ye 15th instant.
Accordinglie the said Edward Robinson recognized himself in 300£, & Ja. M'Colme, his securitie, in 200£, to his Matic, y' sd Ro- binson should appear att sd Court ye sd day & ans' ye sd Complaint, & not depart Court wtout Licence.
As also, ye sd James M'Colme recognized himself in 300.9, & Edwd Robinson, his securitic, in 200£, to his Matie, y' ye sd James M'Colme should appear att sd Court sd day, & ans' ye sd Complaint, & not depart yª Court wtout Leave.
Upon reading the petion of David Evans, setting forth that having been imprisoned in ye Countie goal of philadelphia about 18 ino's. past, upon suspition of piracie, for which hee had been tried & acquit- ted in England, as by ye oathes of several psons had been made ap- pear, Which if not thought sufficient, the petitioner could produce others that were att his trial, y' could wittness ye same; And yrfor, desiring this board to Consider his Long confinement and relicve him. Itt was the opinion of the Lt. Go' & Council, that ye per. has had time enough since his confinement to procure Certificats from England of his trial & discharge, and y' in ans" to his petion, when ye manner, method & time of ye trial of him & others, suspected of piracie, shall be concerted & agreed on. Hee should then, with others, have such relief as the Law allows.
Upon reading the Complaint of some of the inhabitants of New- castle town to y? Go' & Council, in these words : Wee, the inhabit- ants of y" Countie of Newcastle, humbly psent, y whereas, about yo end of Aug', 1699, a Company of pirats To ye number of about SO, in a ship, Came wtin the Capes of Delaware, went ashoar & plundered y* town of Lewis, Carving away what they pleased, & had a design to come up to ye town of Newcastle to do ye Like, but accidentalie meet- ing with a ship in ye bay which brought passingers from Holland, whom they forced to furnish ym wt provisions & other necessaries, otherwise they wold have seized her; And Likewise, since the 20+ of June Last past, the briganteen Sweep Stakes, belonging to Col. Webb, Late Go' of providence, ryding before ye town of Newcastle, mounted with six guns, ritchly loaden, ready the next day to sail for England, was in the night time, by ya vessels Compa. of sailors & others, to. ye
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number of 13, piratically taken away, foure of which vessells Compa. wold not Consent to ye said piracie, so wer sett on shorc. All which wee are verie sensible of and know, the greatest encouragments to such attempts hath been & is the incapacitie wee are in to prevent the Like, Having neither fort. castle nor breastworke, to Comand anic ship or vessell ; no militia, arms, nor ammunition to make use of on anie occasion ; And It is also manifest unto us, that the same Unlaw- full & piratical practice may be as well putt in practice any time of ye day, tho' it be 100' miles up ye river, as in the dead of the night, here being no provision to prevent ye same, so y' both our Lives, Liberties and estates, have hitherto Lyen open, & still do remain de- fenceless & void of protection, & ever exposed to ye wills of such mercieless wretches, who are a plague to all honest endeavours & a Continual terror to our peacc & tranquillitie, which wee humbly referr to yor Serious Consideraon, & of right desire y such care may be taken y' o' Lives and estates may not remain in such Imminent jeopardy and danger, but y' wee may be defended as his matics Law- full subjects : subt. by 25 psons of ye sd town.
The above petion having been read and Considered, It is the opinion of this board that whatever encouragm' pirats may take by o' not having forts & castles, &c. Wee find y' bolder attempts than what is in the wtin petition instanced, has been made wtin ports of great fortitude and strength, even in those places (as wee are informed) Called the king's chambers, where shipps of warr are numerous; and this board does not understand that the forts of Virginia & Marie Land, wch are Colonies of Long standing, and inhabited by psons of great es- tates, & bring vast revenues to the Crown, are much more formidable than the fort of Newcastle hath been, & if it's now delayed, the In- habitants of y' place are accountable for it. And if this Countrie wer - able to build great Castles & forts of strength, yet if ye people are not also able & capable (as they are not) to maintain such posts, It is ye opinion of this board, that it may prove more prejudicial to ye king's interest, & Hazardous to his subjects here, then if there be no such fortresses. And as for a Militia, it is the opinion of this board that its a more proper subject for the Consideraon of a general Assemblie, where the petitioner's might have taken y' opportunitie to propose it in May Last, had they & the rest of the Inhabitants of Newcastle Countie, done yr dutie in electing & sending y' repsentatives to assist & advise ye Go' att ye said Assembly, in things pertaining to the king's service, & good & saftie of ye govern', which they obstinatle refused.
Upon reading the petion of Sam" Hadden to ye Lt. Go' & Council, setting forth y' hee was encouraged in England by Sam" Cart, that if hee Could procure him 17 passingers for pennsilvania, y' then hee should have his owne passage free, & his wife's & 4 children's for 15£ st. they taking up but two Cabbins & in one mess ; Upon which encourgm', ye petitioner having disposed of his effects, brought them, with his familie and 17 passingers, to Bristow, a Journie of 7 0 miles, & putt his goods on board by sd Cart's order, paid in the 1511, and
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