USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 60
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Adjourned to 24" instant.
[24" January, 1699-700.
Att a Council Held att philadelphia die Mercury, 24ª Januarie, 1699-700.
PRESENT :
WILLIAM PENN, pror. & Governo'.
Samª Carpenter, David Lloyd,
Wm. Clarke.
Edward Shippen, Caleb pussey,
The Mess' of the Council acquainted ym that Coll. Quarry desired admittance ; wch being granted, Hee desired Anthony Morris might be called befor hee spoke, wch was done. Hee appearing, Coll. Quarry said, That in the pror. & Gor's absence, many abuses had been Comitted, (qrof hee was in duty obliged to Complain home, but was glad to see him since his arrival discountenance v" same. and provide better agt ye like for the future,) & y' goods that had been imported Contrarie to ye Laws of trade, had been seized by the king's Collectors, & put in his majes store, and y' before trial, An- thonie Morris signed a writt of replevin, qrby the sd goods wer for- ciblie taken out of the sd store, & outt of the power of the Court of · Admiraltie, & what came of ym the sd Anthonie best knew. That this his action, was no Less then to Question whether his Matie or yª sd Anthonie has most power. The act of parliam' is for us, & hce cannot pretend ignorance, having been so Long a Justice y' hee be- came verie insolent, & by this his action, hee has affronted ye king, (what in him Lay,) & has broken his Laws & invaded his privi- ledges & Courts, And yrfor, desired the pror. & Go' wold order vesd Anthonie to restore ye said goods into ye power of the Admiraltie again, & y' sec ntie had been taken by ye sherif for y value of ye sd goods, according to appraism', & y' the Security refuses to pay ve monie, (& ye Sherif y' took ye.bond is now Laid aside,) & y' it is unreasonable y' y' king should be putt to ye trouble & charge of a sute to recover the appraised value of ye sd goods, (wch sd An- thonie had illegallie taken away out of ye king's store .; Therfore, desired his Hono' & Council, to think of a method of prosecuting sd Anthonie for ye sd violaons, & to make good ye sd apprised value of y' sd goods to ye king.
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The sd Anthonie made ans', that his signing the sd replevin was an act of ignorance, & not of malice ag' ye king, his Laws & officers, y' hee was psuaded to it by advice to ym y' knew ye Laws, & yrfor hop'd y' wold excuse him, who had no benefit by nor interest in yª goods nor yr owner ; & as for ye apprised valuc, Hec knew nothing of it, but believed ye securities wer responsible, & y' it Look't verie ' hard y' any Justice should suffer for an error in Judgment; & further added, that if it were to do again hee wold not do it. ,
Then the Go' told Coll. Quarry y' caro should be taken to secure ye apprised value of sd goods to ye king & his officers, wtout either trouble or charge, & if hee was not satisfied wt Anthony Morris's being outt of Comission of the peace, & wt his psent submission, Hee might propose in writting what other satisfaction hee expected, and it should be considered of. To wch Coll. Quarry made ans', y' hee had no psonal animositic ag' M' Morris, & y' for his pt hee was well satisfied wt ye pror. & Gor's promise, & M' Morris' submission.
Adjourned to 14 February, 1699-700.
14th February, 1699-700.
Att a Council Held att philadelphia die Mercury, 14" Febry, 1699-700.
PRESENT:
WM. PENN, pror. and Governo'.
Sam" Carpenter, David Lloyd, -
Wm. Clarke.
Edwª Shippen,
Upon Complaint of yª poor ag' ye bakers of bread for sale not being of the Law" & due assize, Justinian Fox, Jnº Sawtell, Arthur Holton, Wm. Royal, Geo. Abbiott, Marie Merryweather, Tho. Hall & Hugh Derburrow, being sumoned appeared, to whom the Go' notified y' sd Complaint; Who generallie ansred, y' tho' it was hard for ym to Live by itt, wheat being now 58 6ª p. bush., & y' they having but smal stocks wer outt-bid by the eminent merts & bolters; yet hoped y' bread was of ye due assize.
The pror. & Go' advised ym to be conformable to ye Laws in that behalfe made, & said hee wold appoint a Clark of ye market to y' end.
The pror. proposed Wm. Southbee Clark of yª market ; ye Coun- cil approved itt.
Randal Spikeman, Arthur Starr & Jnº Heath, tobacco cutters in philad. upon notice given ym, appeared, whom ye pror. & Go' ac- quainted of a Law Latelie made to prevent frauds in trade, pticularly tobacco, & desired ym to beware & keep a just accot of ye quanti- ties of tobacco they sold Cutt, & for whom, both for exportaon & retail, & to give him accot yrof when required, which they promised to do.
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وسورة
547
PROVINCIAL COUNCIL.
Upon reading ye petion of ye Late ass. to ye pror. & go', to appoint a treasurer in room of Ja. fox, deced, The pror. & Gor did appoint Sam" Carpenter to be treasurer for ye province & territories, Hec giv- ing securitie to execute itt.
Adjourned to 15ª instant.
[15" February, 1699-700.
Att a Council Held att philadelphia die Jovis, 15th Febry, 1699- 700.
PRESENT :
WM. PENN, pror. & Go', et ysdem ut antea.
Upon reading ye petion of Wm. Houston to yo Go' & Council, setting forth, That Edw' Gibbs, Late Sheriff of Newcastle Countie, having arrested one Tho. Collins, att ye Complainants sute, did take bond for said Collins' appearance & abiding ye Judgmt of Court, y' Collins did not appear, qron sd Houston gott Judgm' ag' him, & by ord' of Court, had y bail bond assigned by ye Sherif, wch sd Hous- ton putt in suit agt Georg Lamb, one of Collins' bail, who att Court pleading the razures & interlineaons of sd bond, It was adjudged void in its self; upon wch ya per. sued sd sheriff & was cast, &, appealed to ye provincial Court, where he was also cast ; That ye petr repsent- ed ye premises to ye Lt. Go' & Council ye 16ª May, 1699, who gave yr opinion y ye per. might sue ye bail again upon ye sd bond, ye same not being Legallie vacated by ye sd Judgm'; That ye per. in August Last putt ye bail bond in execuon & suit ag' sd Lamb, who having pleaded ye former acon in barr, the Court gave Judgm' ag' y" per., viz': y' ye said action discontinue, wheron ye sd per. craved an appeal,
$ wch ye Court refused to grant & wold no further hear him. As also, setting forth y' forasmuch as it appears not by ye record whether y' razures wer before or after ye sealing & deliverie of ye bond, nor whether it was razed or interlined in anie essential part, neither was y& razure tried by a Jurie, as ye per. is advised it ought to have been ; & in as much as ye same justices that allowed ye assign' of ye bail bond, did vacat the same, & afterwards discontinued the petrs. action & refused him an appeal, qrby hee is Left remedie Less; And yrfor, requesting such relief in ye premises as to justice and equitie shall appertain.
Which petion & paps. relating yrto having been read and Con- sidered by ye Gor & Council, who yrby finding ye per. to be left remedieless by ye Courts not granting him an appeal, & Like to be defeated of his just debt,
Itt was yrfor resolved y ye pet may de novo, enter his acon upon yª bail bond ag' yª sd Geo. Lamb, & ye other psons yrin bound, & y' the validitie or invalidity of sd bond, as to ye razures & interli- neaons, be tried by a jury att yª Countic Court of Newcastle.
الأسرة
548
MINUTES OF THE
The pror. & Go' proposed to yo Council y' hee intended to Issue his writts for calling next Council & ass. in a charteral way as to the numbers, viz : 3 out of each Countie for Council & six for Ass .. & desired yr advice yrin ; After debate vron, the further consideraon yrof was deferred to next day.
Adjourned to 16" instant.
[16 ** February, 1699-700.
Att a Council Held att philadelphia die Veneris, 16" February, 1699-700.
PRESENT :
WM. PENN, pror. & Go', et ysdem ut antea.
The pror. & Go' did again propose ye former intentions, & it was ye Council's advice y' Hee Issue his wtts to call ye Council & Ass. Charterallie, both as to time & numbers of repsentatives, in ord' to prepare & propose Laws, as hath been formerlie accustomed.
Adjourned to 6ª March next.
[6° March, 1699-700.
Att a Council Held att philadelphia die Mercury, 6^ March, 1699- 700.
PRESENT :
WILLIAM PENN, prop' and Governo'.
Sam" Carpenter, David Lloyd, Caleb pussey. Edw+ Shippen,
The pror. & Go' read to ye Council Secrie Vernon's Lett' about sending Home ye pirats, as also yª Earle of Bellemont's enlarging vron : after several debates about y' time & manner of sending home dr. Brandingham & David Evans, prisoners here, Itt was ye opinion of ye board v' ye Governo' write to y' E. of Bellamont again about ym, & to his deputie Nanfan, att N. York, qther they will sonu for ym & yr treasure with a guard, or qther they must be transport- ed from this place to Newyorke.
[5ª April, 1700.
Att a Council Held att philad. die Veneris, 5ª April, 1.00.
549
PROVINCIAL COUNCIL.
PRESENT :
WM. PENN, pror. & Governo'.
Joseph Growdon, Griffith Owen,
Jnº Donaldson,
Wm. Biles,
David Lloyd, Jasper Yeates,
Rich' Hough, Caleb pussey, Sani Preston,
Sam' Carpenter,
Jn' Simcoke, John Hill,
Edwª Shippen, Richª Halliwell, Tho. Fenwick.
Upon reading the petion of Henry Hayward, ag' Anthonie Morris & Sam' Richardson, Justices of ye peace for philad. Counts, Hre was ordered to attend att 4 p. m., & ordered ye mess to acquaint ye Justices yn to attend also.
Upon Rending ye petion of Susanna Harwood, widdow, setting forth y' her husband Wm. dying intestate, Left behind him 3 smal children, qch shee is in no capacitie to bring up but by a retail shop, wch requirs a greater stock than shee has to support it, unless a Lott in Q' stroet in philad., with a small house yron unfinished, may be by her sold, to raise monie to pay her husband's debts, Carry on her trade, to maintain & support her children & familie; & vrfor Requesting ym to allow & permitt her to sell y" så house for ye ends aforesaid. The Go" & Council do grant ye wtin pation, upon securitie to be given by ye per. y' ye sd children shall have y' proporon of ye father's estate forthcoming to ym after his debts are paid. Sam !! Carpenter offered to be her securitie, who is her securitie in ye office for her administring on her deced Husband's estate.
Adjourned to 3 post merid.
Att wch time ye sd petion of Henry Hayward being again read, and vª record of his misbehaveor & Comittm' having been produced by y. Clark of v: Countie Court, Hee denied ye su record, & undertook to - produce his wittnesses y' hee had not offended in mann' yrin con- tained; & ya next Wednesday was assigned him for his & y' Justi- ces, & His wittnesses attendance.
[123 Aprill, 17CO. Att a Council Held att philad. die Voneris, 12" Aprill, 1700.
PRESENT :
WM. PENN, pror. & Go', et ysdem, except Jasper Ycates.
The pror. & Go" acquainted ye Council y' hee had Late intelli- conce y W.m. Orr, Geo. Thompson, peter Lewis, Henry Streicher & Diggerie Tenny, inhabitants of ye town of Lewis, in Sussex Countie, had gone on board Capt. kidd, ye privateer, (who in Julie las: Lay some days before Cape Henlopen,) and had Corresponded w him, & received from him & his crew some muslains, Calicoes, monies
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MINUTES OF THE
& other goods wch wer East India, & prohibited goods, & y' they had brought ym on shore, hid, sold & given away most of ym, wtout acquainting ye govrmt or yª king's Coll' of ye port of Lewis w' y' same, wch hee Look't upon to be, if not piracie, att Lest Confederat- ing w' ym, & accessaries & promoters of illegal trade, & yrfor de- siring ye Councill's advice yrin.
Itt was the opinion of the Go' & Council, That - Lawman, Collector of port Lewis, should be attested as solemnlie as if he took an oath, to declare the truth as farr as hee knows in y' matter, & y' yrafter ye sd psons should be examined one by one, Concerning ye sd Crime; wch was done, & y' examinaons are on file.
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Upon reading ye petion of Luke Manlow, setting forth that att kent Countie Court 124 March Last, hee was psented for feloniouslie taking a Heiffer in March, 1696, & was Comitted & tried wtout his evidence, & denied imparlance to ye next Court, & Cast as a fellon, & y' hee honestly pchased sd Heiffer, & is now furnished wt evidence to prove y' same. And therfore, Requesting an ord' to ye Sheriff of sd Countie to forbear execuon of any Judgmt in y' casse, & to grant him a rehearing att next Court for sd Countie.
Ordered yt ye per. have a rchearing yrof next Quart' ss. for sd Countie, & y' Wm. Wilson, sheriff yrof, desist from executing any writt or warrant of execuon issued, or to be issued outt ag' yo per on sd Judgmt, att his perrill, & y' ye per. intimate this ord' to him.
Adjourned to 15" instant.
[13ª April, 1700.
Att a Council Held att philad. die Sabathi, 13ª April, 1700. PRESENT :
WM. PENN, pror. & Go', et ysdem ut antea.
The pror. &. Go' desired the Council to advise him what was fitt to be done w' sd Wm. Orr & others, in ord' to y' trial & punishm'. It was ye unanimous opinion of ye Council y' they be comitted & deliv- ered up into ye hands of the Court of Admiraltie, in ord' to y' trial, &- y' Jn' Moore, deputie to Coll. Quarry, Judge yrof, be sent for & ac- quainted yrwith, § y' his advise be taken yrin. Upon notice given him Hee appeared, & ye pror. & Go' acquainted him y' hee had sent 150 miles for sd psons, y' they wer come att ye province charge, & had been examined before him & Council & Comitted Close prisoners, & y' itt was y' opinion y' hee, as Coll. Quarrie's deputie, be acquaint- ed & consulted about the manner of y' trial. The sd Jaº Moore made ans' y' hee was but deputie, & ye thing new to him, but assured ym y' Coll. Quarrie wold be in town in a few days, & yn they wold take measures for y' trial, & y' it was not fitt to be precipitant yrin. To wch ye Go' & Council acquiesced.
Adjourned to 15" instant.
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551
PROVINCIAL COUNCIL.
[15ª Aprill, 1700.
Att a Council held att philad. die Lunæ, 15° Aprill, 1700.
PRESENT:
WM. PENN, pror. & Go'.
Edward Shippen, John Donaldson, Sam" Preston,
Griffith Owen, Tho. Bedwell,
Tho. fenwick.
David Loyd, John Hill,
The pror. & Go' acquainted ye Council y' by warrt hee had Co- manded the sherif of kent Countie to bring hither one James Brown who came home wt Capt. Averie to providence, who brought him up, & was examined befor ym 12th instant, & was now prisoner in this Countie goal, & desired to be advised by ye Council whether to take bail for his appearance, or to send him hence to England by ye first opportunity, or to send him to Boston in New England, to ye Farle of Bellomont, in obedience. Itt was ye Council's opinion y' hee be sent to Boston, to ye Earle of Bellomont.
[25ª June, 1700.
Att a Council Held att philad. die Martis, 25th June, 1700.
PRESENT :
WILLIAM PENN, Proprietor and Governour.
The pror. & Go' sent ye mess' of the Council to Call Edward Ship- pen, Sam1 Carpenter, Jnº Moll, Robt. turner, Gr. Owen, Wm. Clark, Caleb pussey & Joseph Growdon, to attend him att his house. Ac- cordinglie Ed Shippen, Sam' Carpenter, Jnº Moll, Wm. Clark & Caleb pussey appeared. The prór. & Governo' acquainted ym y' since the Charter was delivered up again to him, it was not fitt hee should be wtout a Council, y y'for hee had made choice of ym to be some of his Council, & yrfor desired ye secrie to read ye Qualification prepared for ym to sign ; wch hee did, &' sd psons signed ye same & took place att ye board ; also, Rob' turner appeared & was also qualified.
Adjourned to 26" instant.
[26ª June, 1700.
Att a Council Held att philad. die Mercury, 26" instant.
PRESENT : WM. PENN, pror. & Governo".
Edward Shippen, WFm. Clark, R. Turner.
Sam' Carpenter, Jnº Moll,
Griffith Owen appearing, signed ye qualificaon aforsd & took his place.
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552
MINUTES OF THE
The pror. & Go' delivered to ye secrie a Comission under ye great seal of the province, appointing one Thomas Storie keeper of the great Seal & M' of the Rolls, to be read ; wch being done, ye pror. & Go delivered him ye su seal (- admitted him a member of Council, who signed ye sd qualificaon, & took place.
Resolved y' ye Council meet everie 4th day of yª week, ye att Govr's house, att 9 in ye morning, & oftener, as hee should give ym notice.
Adjourned to 1ª July, 1:00.
[1" July, 1700.
Att a Council Held att philad. die Luna, 1" July, 1700,
PRESENT:
WM. PENN, pro" and Governo"
Edw4 Shippen, WVm. Clark, . Thomas Storie.
Rt. Turner, John Moll,
Upon reading the petion of Sarah Gibbs, widdow, setting forth y' Her Husband Latelie dyed, Leaving her much in debt, & the charge of a sucking child, & having nothing wherwt to pay ye sd debts but yo shell of a smal house, unfinisht, & c. Lott valued att 50€, and yrfor, requesting ye Gor & Council to allow, permitt, & authorize her to make sale yrof, towards ye defraying of sd debts, educaon of sd infant & her support, according to the Laws and Customs of sd province. Wheron Rt. turner signified y' ye sd allegaons wer true, ye circumstances grof being to him well known.
Itt was yrfor Ordered y' sd Sarah Gibbs be pmitted, allowed & authorized, & is hereby by ye Go' & Council pmitted, allowed & au- thorized, to make sale & conveyance to anie pson qtsoever, of ye sd house & Lott, wt its improvments and apptenances, & to ym & y Heirs & assigns for ever, towards ye defraying of her just debts, y' educaon & maintainance of sd infant & her owne support, according to ye Laws & Customs of sd province, to Hold to ye sd pchasers prof & y' heirs & assigns, & to y' use & bchoofe, in fee simple & estate of inheritance forover. Itt was unanimouslie agreed & assented to by y' Go' & Council, that . - be appointed & is hereby authorized & im- powered to go round ye town with a small Bell in the night time, to give notice of ye tine of the night & the weather, & if anic disorders or danger happen by fire or otherwise in the night time, to acquaint the Constables yrof.
Orucrol y' ye Scorie give notice to Beni. Chambers & - powell, keeprs of :" ferries over Skullkill, y they do not, after day Lightis shutt in, transport anic psons y'ifnot well known to ym, or y' cannot give a. good accot of ymselves.
Itt was by ye pror. & Go' proposed to the Council to consider how yº law about prisons being workhouses should be effectualle put it czecuon.
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553
PROVINCIAL COUNCIL.
Upon reading the memorial of Wm. Southbe, Clark of ye market, to Go' & Council, about rules to be made for regulating ye market of philadelphia & bread assize,
Ordered ye sd Wm. Southbe in ye meantime discourse ye bakers about ye assize of bread, & y' hee, w' some of ym, attend this board y* 3ª instant.
Adjourned to Sª instant.
[34 July, 1700.
Att a Council Held att philadelphia die Mercury, 34 instant.
PRESENT :
WILLIAM PENN, pror. and Governo'.
Edwª Shippen, Robt. Turner, Wm. Clark,
Sam" Carpenter, John Moll,
Tho. Story.
Wm. Southbee & some of ye bakers appeared wt y' bread, wch being weighed was found too Light. In excuse they affirmed y' if they came up to ye assize they could not Live by itt, wch was ye general opinion of the Council ; And y'for, it was ordered by ye Go & Coun- cil y' each baker should bake but 3 sorts of bread, viz: white, wheat- en & household, & no more, & yt the Loaves should be a pennie Loaf or roll, a 5ª Loaf & a 10ª Loaf, & no other ; & if anie of these should exceed the assize in finnes or weight, It should be equallie seizable as if it wer und' the finnes or weight, & y' each Baker of soft bread be allowed 6ª on ye bushell above ye assize, i. e: when wheat is att 5' p. bush. they shall make y' bread as if it wer at 5S 6d, & wheat being now 5S. p. bush. ye sd white bread shall weigh siz oz; the wheaten 10. oz, & ye household 13 oz & #, & so proporonablie.
Adjourned to 5 post meridiem.
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Att wch time, Joseph Growdon appearing, subt. y' qualificaon and took his place.
The pror. & Go' caused the secrie to read ya orders, Rules & Re- gulaon y' wer made for ye market att philad. ye 1" Sbr, 1633, wch was done; & after some alteraon in ye sixt article, they ratified y' same & ordered ye secrie to ingross ym in these minutes, & to give Copie yrof to the Clark of the market, by him to be executed wt as much discretion as hee could, and ye sd regulaon stands fair on y" said minutes ye sd 1" 8br, 1693, to wch referr consisting of 9 arti- cles, qrof ye sixt is That no Hucksters (or psons y' sell again) shall buy or cheapen anie of the aforemenoned provisions untill ye second ringing of ye Bell, upon forfeiture of ye same & 6' } to yª poor, & } to ye Clark of y" markett.
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554
MINUTES OF THE.
Upon reading the petion of Catherin Vandeveer ag' Cornelius Emp- son, Ordered y' ye secrie by Lett, acquaint ye sd Cornelius therwith. & that Hee send him Copie of sd petion, and y' hee appear before ye Gor & Council the 17% instant, to make answer to ye same.
Adjourned to 10% instant.
10℃ July, 1700.
Att a Council held att philad. die Mercury, 10ª July, 1700.
PRESENT :
WM. PENN, pror. & Governo'.
Upon reading the petion of James Streater, setting forth that in 1685 hee sent hither a man & his wife bound to him for 4 years, y' ye woman died att sea, & ye man soon after hee came hither, yt wt ym hee sent a boy bound to him for 3 years, & about 40£ st in goods, to take up his Land ; y' ye sd servant man made a will & gave ye pers. servant boy, Edw1 James, his time & all ye sd goods, & y'ye boy concealing y' hec was servant to anie other than ye pers. man, Jn- Honnet, The Court bound out ye sd boy to Jn" Redman, Bricklayer, for 4 years, who choose him for his guardian, who administered on ye sd pers. goods, apprized at 38£. 4s. & 7d, & some of ym at an under value. That ye per. wrote to Wm. Clayton about itt, who told sd Redman yt ye sd goods & boy wer ye pers. & y'sd Redman had ye pers. writtings in his hands, wch hee latelie hath delivered to him, & y' sd Redman & James have ye sd goods between ym, or ye value of vm, & y' said Redman hath said hee will never pay ye per, ptending hee hath paid ye s4 James, who says hee has received but 9£, & y' sd Redman sold ye sd James to one Freeman for 201, & paid himself wt 20li of his goods, and yrfor desiring Justice. The per. produced Indres. for said John & Martha Honnets, und' y" hands & Sealls, as also the nuncupative will of ye sd Jnº. as it stands recorded in ya office of probate of wills, &c. & an obligaon undr ye hands & sealls of Jn Redman & Wm. Freeman, his suretie, to admr the estate of sd In°, & an Invrie.
Ordered y' Sam Carpenter speak to sd Redman about the said pe- tion, & to know of him whether hee will Leave it to ye decision of men.
The inconvenioncie of the goales standing where it now does, and ye removal yrof to ye place purchased for ye same in 34 street, being moved to ye Gor & Council, After some debate yrupon, The Gor & Council appointed Edwª Shippen & Wm. Clark to go to ye inhabit- ants adjacent to ye prison, & to see what they & others will advance beforehand (to be deducted outt of the next County tax to be Laid fer building a Court house) towards removing y' sd goal & Brick wall.
Adjourned to 17ª instant.
555
PROVINCIAL COUNCIL.
[17" July, 1700. Att a Council Held att philad. die Mercury, 17 instant.
PRESENT :
WM. PENN, pror. & Governo'.
Edwrd Shippen, Jnº Moll,
Tho. Story,
Sam" Carpenter, Robt. Turner,
Gr. Owen.
Wm. Clark,
Sam" Carpenter Reported y' hee had discoursed sd Redman about Ja. Streater's compltag' him & Edwd James, who told him y' hee was ready to justifie himself before ye Go' & Council.
Upon reading again ye petion of Catherine Vanderveer ag' Corne- lius Empson, who, according to an order of this board ye 31 instant, appeared, and after a full hearing & inspection of all ye old & new pats, & all witnesses on either side, both viva voce & affadavitts, & of all their draughts to ym produced, The pties att Last wer willing to stand to & be Concluded by ye report of 2 able surveyors, that should be appointed by ye Gor & Council to view ye sd Lands, lines & bounds, att y' charge. The Gor promised to appoint 2 such sur- veyors.
Adjd to 24th instant.
[24ª July, 1700. Att a Council held att philad. die Mercury, 24th instant.
PRESENT:
WM. PENN, pror. & Go', et ysdem ut antea.
Jnº Redman & Ja Streater, according to appointmt of last Coun- cill, appeared, & sd Jnº being fullie heard in his owne justificaon, to ye satisfacon of sd James & Go' & Council, yet sd Jnº being sensible of ye Loss sustained by ye sd Streater, offered in ye spring to pay him 5li, in Consideraon of ye advance y' might have been made on ye sale of ye sd goods ; And ye Go' & Council Left sd Streater to his remidie att Law ag' sd Edwt James, who had ye whole & sole benefit of sd Streater's goods.
Adjourned to 31" instant.
[3]" July, 1700. Att a Council Held att philad. die Mercury, 31" instant.
PRESENT :
· WM. PENN, pror. & Governour.
Sam' Carpenter, William Clarke, John Moll.
Edwª Shippen,
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الطلاب
556
MINUTES OF THE
Upon reading the petion of Eliz Sanders, ye widow & admrix of Jnº Sanders, deced, setting forth that gras hee by his last will & tes- tamt of 21 7br, 1699, after paymt of his debts & funeralls, bequeathed yª rest of his real and psonal estate to sd Eliz during her widowhood, but if shee should again marry, yn y' one half yrof be putt into ye hands of Edwd Shippen & Nathan Stanburry, exers yrof, to be put to interest, & to be equallie divided between his children att ye age of 21 years ; And also setting forth, y' qras ye sd exers having renounced yº sd office of exership, shee administered on his estate Cum testando annexo, & exhibited inventarie yrof, amounting in the whole, both real & psonal estate, to 519li 19s 6d ; as also setting forth, y' qras y' sd Jnº att his decease owed 174li, wch when paid yr will be remain- ing in her hands onlie 8511. 19s 6d, of ye sd psonal estate; And also setting forth, that by ye Laws of this govermt about Testates & Intes- tate's estates & ye sale of y' Land by ye widow or admr, Itt is provi- ded y' after all debts are paid, the residue, if anie be, of ye testator's psonal estate, shall be by ye exers divided according to their Last wills; And also setting forth, y' by ye sd will it evidentlie appears that the Testator's design & intent was yt ys one half of his sd clear estate, viz: both real & psonal, should be putt to interest, & be equallie divi- ded between his sd children, att ye age of 21, wch can not be done unles yº sd real estate, or some part y'of, be sold; And also setting forth, that qras ye sd psonal estate is not sufficient both to pay ye sd debts & to keep in repair ye dwelling house & fences, & ve plantation & house yron, & to bring up, educate & maintain 3 young children, & to support ye per, & to improve ye sd estate to the best advantage, and y' ye sd Jnº died ptlie testate & ptlie intestate, And yrfor request- ing yª Go' & Council to allow, permitt & authorize ye per. to make sale ofy' sd real estate towards the defraying of the sd debts, yª edu- caon & maintaining ye sd 3 children & her owne support, and ye per. is willing y' the one half yrof shall be putt cutt for sd children's use to interest, according to ye sd will & ye Laws & Customs of this province, & y' shee may be Impowered & authorized to make title to a Bank Lott & house sold by her Husband in his Life time, to the pur- chasers yrof. And ye sd petitioner having made outt to ye Go' &- Council ye allegaons in sd petion mentioned,
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