USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 62
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" yrfor you are not yª people's repsentatives. The ablest men have " always been chosen to be of ye Council to prepare Laws, & ya " Assembly to consent to ym; wee are two bodies yet but One power, " the one prepares, ye other consents. Friends, If in the \'onstituon " by Charter, there be anie thing y' jarrs, alter itt; if you want a " law for this or that, prepare itt; I advise you not to trifle wt " govern'. I wish there wer no need of anie, but since Crimes " prevail govrm' is made necessario by man's degeneraon; Itt's " not an end but a means; hee y' thinks itt an end aims att "profitt to make a trade on't. Hee who thinks itt to be a means " understands ye true end of goverm'. Friends, away wt all pties, & " Look on yo'selves & what is good for all, as a bodie politick, first " as und' ye king & Crown of England, & next as und" me, by Lres " patent from y' Crown. Att yª Late election att philadelphia, I was " grieved to hear some make itt a matter of religion ; no its humane " & moral relating to trade, traffique & publick good, consisting in " virtue & justice; where these are maintained there is government " indeed. Study peace, & be att unitie, ey ye good of all, & I desire " to see mine no otherwise than in ye publick's prosperitic. The " last Ass. wee made 2 Laws, the one ag' piracie, ye other ag' for- " bidden trade. I hear they have not satt easie on ye backs of some, " but I hope, wee having yrin been carefull of England, wee shall " have thanks for making ym before wcc had orders so to do, and " after so manie calumnies & complaints wee have been Loaded " with, I hope these two Laws will in some degree wash us clean ; " what concerns myself I also Leave wt you to Consider. I have " been now 19 years yo' pror & Governo', & have att my chairge " maintained my deputie, qrby I have much worsted my estate, & " hope itt will be no wonder to any to hear mee make this Lection " of itt. Some say I come to gett monie & be gone, phapps they that " say so, wish itt so. I hope I or mine shall be wt you. while I or _ " they Live-The disasters of my absence have been mine as well "as yours & as I'm used shall make suteable returns. I have " latelie two packetts from Whitehall, an original & a duplicate ; " also one to my Cosen Markham, & two from Secrie Vernon, & am " Comanded by ye Lords Justices to make Laws ag' piracie & illegal " trade. I am glad wee have prevented their Commands in doing it " before they came."
'Therafter, a motion being made by a member of Council, that they might have a new Charter: Then y" pror & Gor ask't whether they thought the Charter was Living, dead or asleep ; is it vacated by ye act of Settlement, or in what state is itt. A member made ans', that they never Look't on't to be void or dead, becaus att Go' Fletcher's coming, wee made a salvo of it in ye assemblic books, & another salvo of it in ye frame of govrint, as to its fundamentalls, but yª Cir- cumstantialls of itt as to time, place & number, & rotation, wee could not reassume. Our bussines now is to do good, y' Go' being here to confirm itt, & he having in his Charter, power to call us as hee pleases, ye manner is but circumstance, the meetting is essential; Letts take
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what's fitt & good both in ye charter & frame, & Lett's make a Con- stituon y' may be firm & Lasting to us & ours; This makes no breach on the old Laws, but will confirm what's reasonable, both in ym, yª charter & frame.
Then ye Gor said : The act of Settlem' served till I came; now I'm come, It Cannot bind me ag my owne act, the charter it being my grant, & the people my wittness by yr acceptaon of it, and tho' some violence cannot be resisted, yet when the violence is taken off, yª Charter returns, & how can it return but by writt.
Therafter ye pror & Gor resolved ye whole members of Council into a grand Comittee, to meet hora tertia, p. m., to read ye Charter & frame of governm', & to keep what's good in either, to lay aside what's inconvenient & burdensome, & to add to both what may best suit ye Comon good, & if you be under any doubt Ile solve itt, & psent to mee what you do yrin to-morrow morning for my perusall.
Adjourned to 24 April, 1700.
[2ª Aprill, 1700.
Att a Council Held att philadelphia die Martis, 24 Aprill, 1700. PRESENT:
WM. PENN, pror & Co', et ysdem ut antea.
Joseph Growdon, Chairman of ye grand Comittee appointed to in- spect & puse ye charter, & frame, &c. made report y they had pused both, & had made some alteraons in, diminutions from, & addions to both, wch wer read & had mark't outt ye ss. (but had not time to writ ym out fair,) & deliverd ym to ye Gor for pusall.
Then he desired y' all ye Laws from ye first settlemt of ye province might be read over by ye secrie ; accordinglie some of ym were.
Adjourned to 3ª instant.
[3ª Aprill, 1700. Att a Council held att Philadelphia die Mercury, 3ª Aprill, 1700. PRESENT :
WM. PENN, pror. & Go', et ysdem ut antea.
The pror & Gor desired ye secrie to begin where hee Lett in read- ing yº Laws; accordinglie some more of ym wer read.
Adjourned to 3 p. m.
The pror & Gor desired ye secric to begin qr hee Left A. M. in reading the Laws, & ya rest wer read over by ya secric.
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PROVINCIAL COUNCIL.
Then ye pror & Gor resolved all ye members of Council into a grand Comittee, to meet to-morrow morning at 9, to read & consider ve sd Law, & to keep what was fitt, to Lay aside what was inconve- nient, & add such new ones as they thought meett.
Then hee proposed to ym ye necessitie of a Law for regulating Courts of Justice, & ye phas to be held there, provincial Courts & appealls, about ye marriages of negros, how to be punisht & tried, ag' selling rum to ye Indians, To restrain sickly vessells from Land- ing y" passingers for some time, & for ye better observaon of ye Sab- bath or Lord's day, & to make report to-morrow morning.
Adjourned to 4th instant.
[4' Aprill, 1700.
Att a Council Held att philad. die Jovis, 4" instant.
PRESENT :
WM. PENN, pror & Gor, et ysdem ut antea.
Joseph Growden, chairman of sd Comittee, reported y' they had made some small progress in pusing ye Laws, but feared should not have time to go thorow all, being Long & tedious, but desired more time; wch was granted.
Adjourned to 5 instant.
[5" Aprill, 1700.
Att a Council Held att philad. die Veneris, 5" instant.
PRESENT :
WM. PENN, pror & Go", et ysdem ut antea.
Joseph Growdon, chairman aforesd, reported y' they found great difficultie in pusal of ye Laws, & y' they could not in so short time go thorow ym, & desired Longer time ; which was granted.
Adjourned to 6" instant.
[6ª Aprill, 1700.
Att a Council Held att philadel. die Sabbathi, 6" Aprill, 1700. PRESENT:
WM. PENN, pror. & Go', et ysdem ut antea.
Joseph Growdon, chairman of ye grand Comittce of ye whole mem- bers of Council, appointed to prepare some Laws, psented to ; pror
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& Go' a paper containing some Heads of a Law for securing ye people's propertie.
The pror & Gor again recomended to ym the Consideraon of all the Laws ; what should drop, what be Continued, & some heads of new Laws to be made, formerlie recomended to ym.
Adjourned to 8th instant.
[8th Aprill, 1700.
Att a Councill held att philadelphia die Lunæ, 8º April, 1700.
PRESENT :
WM. PENN, pror & Go', et ysdem ut antea.
Thomas Bedwell, a membr of Council returned for kent Countie, for one year, appearing, sub' ya above sd qualificaon & took place att ye board.
The pror & Gor proposed to the Council yº Consideraon of ye law about ye provincial Judges & Court, yt it might be made more easie & less expensive.
Joseph Growdon, chairman aforesd, psented to ye pror & Gor some heads of a Law for raising 3ª p Il & 18ª p poll, as a testimonie of y respect to him, & being sensible itt was not ansrable to what he de- served, yet ye Countrie being poor & in debt, hop'd hee wold accept of itt for ye present ; also, 1ª p li & 63 p poll, for defraying ye debts & for support of governmt, which the Gor said hee wold consider.
Adjourned to 9th instant.
9th Aprill, 1700.
Att a Council Held att philadelphia die Martis, 9ª instant.
PRESENT :
WM. PENN, pror. & Governor, et ysdem ut antea.
The pror & Gor psented to the Council a draught of a Law about arbitraons, another about Surveyors; wch wer read & recomended to sd Comittee.
Adjourned to 10% instant.
10º Aprill, 1700. Att a Council held att philad: die Mercury, 100 instant. PRESENT: WM. PENN, pror & Go', et ysdem ut antea.
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The matter of ye people's proptie, & the securing yrof, either by a Court to be erected by ye pror & Go', or by grants from him, or by a Law for y' purpose to be made, & about the Overplus Lands, being att large debated, was left to ye further consideraon of ye Gor & Council, and ye pror Gor appointed John Simcoke, Joseph Growdon & Wm. Biles to meet him att night to consider yrof, & as neer as might be, to adjust ye rates of overplus Lands, according to their neerness to or remoteness from ye town of philadelphia.
Adjourned to 11" instant.
[11 Aprill, 1700.
Att a Council Held att philad. die Jovis, 110 instant.
PRESENT :
WM. PENN, pror & Go', et ysdem ut antea.
In respect some of yª members of Council wer provincial Judges & now sitting in Court, & ye aboy named not having had time to conferr &J as to adjust ye rates of yª overplus Lands, The pror & Gor.
Adjourned to 4 post merid.
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Att wch time ye pror & Go' (upon a proposion to him made by a member of Council to prolong ye time of Sessions of Gor, Council & assemblie for a Longer time ym was usual,) who brought in a draught of a bill for y' end, wch having been debated, Itt was agreed to be brought in again ye 12ª instant, wth some improvments & amend- ments.
Adjourned to 124 instant.
[12ª Aprill, 1700.
Att a Council Held att philadelphia die Veneris, 12ª instant. PRESENT :
WM. PENN, pror & Go', et ysdem ut antea.
The sd Law, with improvments & amendmts, was exhibited by y' pror & Gor to yª Council, entituled a Law to be promulgated to Con- tinue ye present ss. of Council & ass. 20 days beyond ye usual time by Charter Limited: & being by the Secrie three times read over, Upon the Question putt, all you that are of opinion y' this Law pass here in order to promulgaon stand up, Itt was Carried in the affirma- tive, Nemine Contradicente.
Then the pror & Gor ordered ye Secrie to send a Copie yrof, signed by Him, to ye rexive Sheriffs of ye Six counties, to be by ym =exive promulgated.
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MINUTES OF COUNCIL IN THE ASSEMBLY, Anno Ri. R6. Gulielmi terty Anglia, &c. decimo, &c.
[10] May, 1700.
Att a Council Held att philadelphia die Veneris, 10th of May, 1700.
PRESENT :
The Honble WILLIAM PENN, absolute proprietor & Governo' in Chief of ye province of pennsilvania & the Territories thereunto belonging, &c.
Sam" Carpenter, Joseph Growdon, Caleb pussey,
Edwª Shippen, Richª Hough, David Lloyd,
Griffith Owen, Jnº Simcoke,
Richd Halwell.
The Sheriff of Bucks Countie his return of Repsentatives for ass. was produced, whereby it appeared y' ther wer elected Jnº Swift, phi- neas pemberton, Joshua Hoops, Wm. paxton, Jeremiah Langhorne, Sam" Darck.
The Sheriff of philadelphia County his return was produced, qrby it appeared that y" wer elected Jn" Bevan, Anth. Morris, Nich Waln, Is. Norris, Sam. Richardson, Jnº parsons.
The Sherif of Chester's retn was produced, & ther wer elected Jn Blunston, Robt pyle, Richard Orms, Jn' Hood, Sam. Lewis, Henrie Lewis.
The Sherif of Newcastle's retn was produced, & there wer elected Adam peterson, Joseph England, Richd Cantwell, Rob' French, Val. Holingsworth, Wm. Houston, who subt ye same Qualificaon y' y" members of Council subt. 1º April, 1700; and ye other repsentatives not being yet come to town,
Adjourned to 13ª instant.
[13º May, 1700.
Att a Council held att philad : die Lunæe, 13th May, 1700.
PRESENT :
WM. PENN, pror & Go', et ysdem & Jasp. Yeates, Jaº Donaldson, Sam Preston, Jn' Hill, & Tho. Fenwick.
The Sheriff of kent's retn was produced, & y' wer elected Wm. Morton, John Brinklo, Richd Wilson, Gr. Jones, Arthur Meston, Wm. Rodney.
The Sheriff of Sussex's retn was produced, & y' wer elected Jo- seph Booth, Thomas pemberton, Luke Watson, jr. Tho. Fisher, Art. Vankirk, Robt. Burton, who subt. ye same Qualificaon as above.
Then y& Go' desired y" members of Ass. to depart and choose y Speaker.
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PROVINCIAL COUNCIL.
Atter some time John Blunston, accompanied by ye whole house of repsentatives, appeared before ye Go' & Council, acquainting ym that they had made choice of him for y' Chairman, a pson verie untitt att such a time where matters too weightie for his capacitic wer to bo considered, & yrfor desired to be excused if it could be, & if not, y' ye pror & Go' wold be pleased to putt a favorable Construction on . his words, & y' tho ass. might have freedom of speech & access to his pson ; wch was granted. Then ye Go' said : Friends : *
Wm. Rodney & R' pyle, from ye ass, desired a sight of one of the writts qrby this ass. was called, & ye promulgated Bill; which y Secrie delivered to ym.
The pror & Gor desired ye Secrie to read ye bills weh hee had prepared about tradeing wt ye Indians, & arbitraons, & after some debate on both, and then Resolved ye Council into a Comittee of yª whole members yrof, to consider ye same, s. to make report.
Adjourned to 4 p. m.
Att which time Antho. Morris & In" Bevan, from ye Ass. acquaint- ed ye Gor & Council. y' yª Ass: desired a free conference wt y' Council members; which ye Gor granted. Then ye Speaker, ac- companied as before, appearing, desired y' hee or anie others of v' Ass : might speak yr minds; wch y" Gover granted : some of ym wer of opinion y' they wold pass ye promulgated Bill for ye prolonga- on of yª time of this ss, provided y' yrafter they went on to settle ye constituon of ya govrmt wtout ye intervenion of any other bussines ; To wch ye Gor assented; And in ord' yrto, resolved ye members of Council to be a Comittee to join a Comittee of ye whole house of rep- sentatives, to meet to-morrow morning to read ye Chart & frame, & to Consider of the Constituon of ye govrmt, & desired Jasp. Yeares & Caleb pussey to acquaint ye Ass. y'with, y' they might do y" same.
Adjourned to 144 instant.
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[14ª May, 1700.
Att a Council held att philad. die Martis, 140 May, 1700.
PRESENT :
WM. PENN, pror & Gor, et ysdem ut antea.
Coll. Rob Quarrie, Judge of y Court of admiraltie for peansil- vania, accompanied wt Jn' Moor, advocat of sd Court, exhibited & charge ag' David Lloyd, one of y Council elected for Chester Coun- tie, of Irreverent speeches & postures of & ag' y' broad seal of Eng.
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land & ye king's picture, & a tin box appended to y' Lords of y' ad- miraltie of England y Comission to Ro' Webb, yn marshall of sd Court, in a Certain Court held att philad sometime Late past. To wch, after sd David Lloyd had made some answer, hee desired y charge might be exhibited ag' him in writting und' ye charger's hand, wch was agreed to, & 4 p. m. assigned to sd Coll. Quarrie so to exhibite itt, wt yª wittnesses, for whom hee desired a Subpoena; which was granted.
Upon calling over ye names of ye members of Council, the 3 rep- sentatives for kent Countie wer found wanting, wtout whom y'.could but little be proceeded in, & y' being no excuse made for ym, Itt was resolved y' a wrr' be issued by ye Secric, und' ye Gor's hand & seal of ya province, directed to Henry Mallows, mess' of ve Council, forth- with to repair to ye'sd Countie of kent & bring ym up to ans' ye sd contempt, wch was done.
Adjourned to 3 p. m.
Att which time ph: pemberton & Ro' French, from'ye Ass, acquaint- ed ye Go' & Councill yt ye Ass: wer readie for him. The Gor told yma y' hee & Council wold receive ym.
. The Speaker acquainted ye pror & Gor y' they came to hear v old Charter and ye Late frame of governmt read. The Gor ask't him if they had past ye Law given ym yesterday for y' end. Tha Speaker ansred they had not, but sd they wold pass itt next morning.
Coll. Rob' Quarry, accompanied as aforesaid, exhibited to yo Gor & Council His memorial ag' David Lloyd, in writting, und his hand. wch was read, and in these words, viz : To ye Rt. honble Wm. Penn, esq, pror & Gor of ye province of pennsilvania & ye annexed Coun- ties. The memorial of Coll. Robert Quary, Judge of His maties Court of admiraltic for ye provinces of pensilvania & West Jersey, Represents to this board y' hee is obliged, as well by his dutie owing to his most Sacred matie, & by the directions Latelie received from the Rt. honble ye Lords of re plantaons & trade, as ye trust lodged in him by virtue of his matics Letters patents und y" broad seal of y High Court of admiraltie of England, to signifie y' having alreadie Laid before y board a charge of' unparallelled misdemeanors & af- fronts offeredi ag' his matie in some of ya Courts of this province, by one David Lloyd, now & att yi time a member of Council. and being required to reduce ya same to writting wtin ye space of few Hours wwith the witnesses to prove the charge, In wch time the whole serie« of y" affair, wt ye aggravating Circumstances yrof, cannot so fullie In digested as the natur . the crime may require. However, in our". ence to yª said cad'or, Hre Showeth : That suadrie goods & merd .: ou being seized for Ulocal Importaon, & Lodged in the marshall of y admiral's Custodio in the king's store, in the year 1038, & promer- le tricble in the su Court by virtue of several acts of parlant, The ed David Lloyd did. in con'sment of resd Laws'& Juridiction ofy'
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sd Court, influence & advise the justices by force & arms, to force y' goods outt of the sd store; That the sd David Lloyd ded further advise & prosecute an action ag'ye sd marshall for the detainor of' s' sd goods, att the succeeding Countie Court, where ye marshall being called to defend the sute, hee produced in his owne Justificaon His maties Lres pats, undr ye broad seal of ye High Court of' Adiniraltie, with the Judges warrt for ye seizure aforesaid, which sd patent having in the frontis piece his most sacred maties cfligies stampt, with the sd seal appendant, the sd David Lloyd, in a most insolent & disloyal manner, taking the sd Comission in his hand & exposing it to y' people, did utter & publish these scurrilous & reflecting words follow- ing, viz :- what is this! do you think to scare us wt a great box (meaning ye geal in a tin box) and a little Babie; (meaning ya picture or effigies aforesaid;) 'tis true, said hee, fine pictures please children : but wee are not to be frightened att such a rate; & many more gross & reflecting expressions on his matie to ye like effect. That att another time, att a Court of admiraltie, held in this town of philad, hee, ye sd David Lloyd, in open Court, with a design to incense & irritate the people & expose ye king's officers to their furie, did publicklie say, that y' Court did not sitt there by anie Comission from ye king. Tha: ve sd David Lloyd, att a Council held in this town, (in Contempt of his maties authoritie Lodged in the sd Court of admiraltie,) did declare y' whoever wer Instrumental or aniewise aiding in the erecting & en- couraging a Court of admiraltie in this province, were greater enemies to the Liberties & priviledges of y" people then those y' established & promoted ship monie in king Charles the first's time, or to that effect. All wch several charges hee is readie to avouch & prove; so subscri- bed
ROBT. QUARRY.
As also, ye sd Coll. Quarry produced some witnesses to prove ye sd charge in its several branches, as by y' deposions remaining on y' files may appear, wherupon ye sd David Lloyd desired of ve Gor & Council time to putt in his ans' in writting to ye sd memorial, and to make his defence; To wch y* Gor replied y' this was not his trial but an examinaon, & when & wherever, or before what court soever hee should happen to have his trial, hee wold then have that granted him, & y' this was but an examinaon to see whether what was Laid to his charge was of y' weight to suspend him from being a repsentative of ye people in Council, as was desired by Coll. Quarry.
Adjourned to 15ª instant.
[15% Aprill,* 1700.
Att a Council held att philad. die Mercury, 15" May, 1700.
*May.
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PRESENT;
WM. PENN, pror & Go', et ysdem, except David Lloyd.
The pror & Gor ask't ye opinion of ye Council whether what was exhibited & proved ag' David Lloyd, a member of this board, yester. day, was sufficient ground to suspend him from sitting as a repsen- tative att this board upon ye people's choice. Resolved, N. C. y' it was-wherupon ye pror §. Go' desired Joseph Growdon to acquain! David Lloyd that hee was suspended from sitting as a repsentative att this board till hee had his trial, & wer cleared or convicted.
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Upon a motion made, ye pror & Gor ordered ye secrie to write to WVm. Biles, a repsentative in Council elected by ye Countie of Bucks, forth with to appear att this board to his dutie; which the secrie Jid.
Adjourned to 16'h instant.
[16ª May, 1700.
Att a Council held att philad. die Jovis, 16"h May, 1700.
PRESENT :
WM. PENN, pror & Gor, et ysdem& William Biles.
Tho. pemberton & Is. Norris, from ye ass: acquainted ye Gor y' the assemblies desired admission ; which was granted.
The Speaker, accompanied as aforesd, delivered to ye pror & Gor. the promulgated Bill entituled The Law Continuing ye psent sessions of Council & ass: 15 days beyond ye usual time by Charter Limited, past y' house, wch being read to The pror, Gor & Council, ye same was past by ym, N. C.
Therafter ye pror and Gor having laid opon both to Council & Assemblic, the nature of the psent Constituon, & ye powers of both Council & Assomblic, Left ye members of both houses to y' grand Comittee appointed for settling the constituon of ye govrmt, & to bring in y' report ye 17" instant.
Adjourned to 17" instant.
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[17ª May, 1700.
Att a Council held att philad. die Veneris, 17ª instant.
PRESENT :
WM. PENN, pror. & Governor, et ysdem ut antea.
Joseph Growdon, Chairman of ye sd grand Comittee of Council & ass: to whom was Left ye Consideraon of ye psent Constituon, & ye powers of Council & Assemblies, & ye settlemt of ye new Consti- tuon, Reported y' they had Considered of some part yrof; that }'
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ass : should have y' sole power of pparing & proposing bills to be past into Laws, & ye whole powers of an ass, & y' ye Gor's Coun- cil shall be ye people's choice, & y' six shall be the number Con- stantlie to attend him on all emergencies, but had gone Little further yrin.
The pror & Gor made ans", that what hee expected from ym was that they should have prepared & exhibited to him ye Charter they desired, & when hee had it all in a piece before him, Hee should soon tell ym what hee could not & what hee could grant ym. And vrfore desired »e grand Comittee to go together again & Consider what hee had laid before ym; by y' time hee should return from penns- berrie; & Told ym y' hee left ye towh on purpose y' in yr Comittee they might meet w' no interruption.
Adjourned to 24" instant.
[24th May, 1700.
Att a Council Held att philad. die Veneris, 24° instant. PRESENT:
WM. PENN, pror. & Go', et ysdem ut antea.
The pror & Gor desired ye secrie to acquaint ye ass, y' hee & Council waited for ym; they returned they wold forthwith attend · him.
The Ass: appearing, Joseph Growdon, chairman aforesd, psented to ya pror & Go' a draught of yª Charter they desired. Hee sd hee wold peruse it, & in ye meantime desired ye grand Comittee to meet again & go on w yr bussines.
Adjourned to 25“ instant.
[25° May, 1700.
Att a Council Held att philad. 25" May, 1700, die Sabbathi.
PRESENT :
WM. PENN, pror & Gor, et ysdem ut antea.
The pror & Gor desired Caleb pussey & Nich. Walln to acquaint the ass: y' hee waited for ym. They returned they wold speedilie attend him.
The ass: appearing, Jos. Growdon, chairman aforesd, acquainted ye pror & Gor y' they had much debate in ye grand comittee about yª oathes & test, & the manner of taking ym; as also about y' charges of ye provincial Council, but could come no agreem', wher- upon ya debates wer again re-assumed before the Governo'.
Adjourned to 27 May instant.
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[27] May, 1700.
Att a Council Held att philad. die Lund, 27th May, 1700.
PRESENT :
WM. PENN, pror &· Gor, et ysdem ut antea.
The ass: appearing, To whom & Council, as a grand Comittee, y" pror & Go' did again propose ye matter of oaths, attest, & charge of provincial Council ; and ye same being att large debated,
Adjourned to 3 p. m.
Att wch time ye ass: again appearing, The pror & Gor proposed to vm a bill about ye regulaon of Indian traders, wch hee referred to a Comittee of both houses; also a bill about regulating negros, re- ferred to another Comittee of both houses; also a Bill about regu- lating Courts of Justice, referred to a 3' Comittee, & to bring ye reports of ye sd bills to-morrow morning.
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