USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 10
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Of which Order the Secretary was ordered to take exact coppies and return the original to Coll. Quary.
It was further proposed to the said Coll. Quary, That the Certifi-
4*
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MINUTES OF THE
cates of Registers should pass, according to the Resolution of this Board in their last sessions, ordering that the said Certificates should be signed by the Secretary in behalf of the Council.
To which he replied, That in his judgment the said method was repugnant to the Letter of the Law, which he must always make his Rule, and therefore he could not joyn with it himself, nor must admit the Coll. to take it, or if he should, must think himself obliged to suspend him.
Capt. Du Broy made oath according to Law for Registering the sloop Dolphin, Burthen 3 Tuns, of wch Saml. Coleman was master.
At a Council Held at Philadelphia, 1st 4 mo., 1703. 8 PRESENT :
EDWARD SHIPPEN, Presidt.
John Guest,
Saml. ffinney,
Griffith Owen,
Caleb Pusey,
James Logan, Secretary.
This being the day for the Court of the Quarter Sessions of the County of Philadelphia, to Sitt according to Law, The Justices of the said Court being advised of the late order of the Queen, in Coun- cil, requiring all persons in Judicial Offices to take the oath Direct- ed by the Law of England, or the affirmation allowed by the said Law to Quakers, desired they might be directed by the Council whether it be requisite to take any further Qualifycations, in pursu- ance of the said order than what they have already taken, being all those that the sd Law requires.
Which being duly Debated and Considered, It was Resolved, That although it did not appear absolutely necessary that such oaths or attestations as have already been duly taken, according to the Law of England should be taken again, Yet it might be Requisite in Honr to the said Order, that the sd Officers should be again qualifyed in Respect to the present Queen.
But it being further thought necessary that the members of the Council should not only be qualified as aforesaid, but also take the Oath, (or in Lieu thereof an attestation to the same Effect, ) Injoyned by the Acts of Trade, to be taken by the Respective Governours of the plantations, in pursuance of the late King's Dedimus for that purpose, which cannot yet be effectually done, and will be more pro- per in a full Council ; Tis therefore Ordered, that on this day seven- night there be as full a Council called as may be had, and that then the members be qualified as afore said, and that it be recom- mended to the sd Justices to adjourn their Court for fourteen dayes longer.
At a Council held at Philadelphia, 8th 4 mo., 1703. 8
PRESENT :
EDWARD SHIPPEN, Presidt.
John Guest,
Griffith Owen,
Samll. Carpenter,
Saml. ffinney,
Caleb Pusey,
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PROVINCIAL COUNCIL.
The Council meeting, but not finding it Convenient to proceed in the matters ordered at the last sitting till more members be present, adjourn till seventh day next at ten in the forenoon.
At a Councill Held at Philadia, the 12th 4 mo., 1703. k PRESENT.
EDWARD SHIPPEN, Presidt.
John Guest,
Saml. ffinney,
Saml. Carpenter,
John Blunston,
Griffith Owen,
Caleb Pusey,
James Logan, Secretary.
The Council according to adjournmt meeting took into Considera- tion the Resolution of this Board, past 1st Instant for taking the Oath or affirmation directed in the Kings Dedimus for the security of trade ; It is Resolved, that such of the Commissioners mentioned in the sd Dedimus as are in the place, or can be sent to, be advised to attend the Council to execute the sd Dedimus on the 13th of the next month, and that care be taken that a full Council shall meet on the sd day.
Ordered That a Letter be ppared by the Secretary to Ld. Corn- bury upon the occasion of the Govrs decease, and the care of the Govermt being devolved on this Board, and then adjourned of course.
At a Council held at Philadelphia, the 22d 4 mo, 1703. 8 PRESENT :
EDWARD SHIPPEN, presidt.
John Guest,
Saml ffinney,
Saml Carpenter,
Caleb Pusey,
Griffith Owen,
James Logan, Secret.
The Council meeting, but no business occurring until the Com- missionrs appoint, in the Kings Dedimus be Conferred with, It is ordered That for the better expediting of affairs relating to the Pub- lick, the time be shortned and the 29th Instant be appointed for the Commissionrs to meet and that the Lettrs desiring the same, prepared by the Secretary accordingly, be signed by the Council directed to each of those in the Government; also the Lettr to the Lord Cornbury, which was done; And then adjourned to the said day.
At a Council Held at Philadelphia, 29th the 4th mo, 1703. 8
PRESENT :
Edward Shippen, John Guest, Saml Carpenter,
Griffith Owen,
Saml ffinney,
Caleb Pusey,
James Logan, secretary.
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MINUTES OF THE 19
According to the desire of the Council signified by their Letters, Coll Robert Quary, Richd Halliwell, John Moore and Jasper Yeats, the four Commissioners (now in the Governmt) of the six named in the Kings Dedimus Potestatem for administring an oath to the Go- vernour appeared, and desiring to know the pleasure of the Council, Edward Shippen, the Presidt, Informed them that by the Death of our Late Lieut. Governour, the care of the Governmt haveing de- volved upon the Council, till further provision could be made, they found it necessary to qualify themselves, as far as possible, to answer the end of the Law, and that Considering their Duty in this point they found one thing particularly Required of the Governour of this Province, whom they now represented, viz : to come under an obli- gation as Required by act of parliament for the better security of Trade and Navigation ; That to this end the Late King had granted an Instrument appointing them the said persons Commissioners for that purpose, In pursuance of which Instrument and the Queens late order, (the priviledge of which he hoped those that could not take an oath might expect,) they were desired to qualify the mem- bers now mett for that end.
The Commissioners answered, That they formerly had been un- fairly dealt by about that Instrument, being Injuriously, as they thought, detained from them, and insisted on the same argumts the three of the same Commissioners had done when called to administer the same oath to Gov'r Andrew Hammilton, upon his accession to the Governmt to which the same answers were made by the Coun- cils, as were upon that occasion.
Upon wch, some considerable time being spent without coming to any Resolution, in a great measure occasioned by Coll Quary's saying that had he been present and had the Dedimus at the afore- mentioned time, he should have thought himself obliged to have In- quired further into Coll Hammilton's Qualification to be Governour, before the oath should have been administred, which was the Incon- veniency alwayes suspected by the Council. The sd Commrs were at length Requested to withdraw, that the Council might advise upon it, viz : whether they should Deliver up the said Dedimus to the Commissioners as they required, and accordingly they withdrew ; But the Council, not yet being able to come to a full Resolution in the case, concluded that the Consideration should be further deferr'd till a full Board could meet, and the commissioners returning, were informed of the same.
But Coll Quary pressing that the Council would not suspect the sincerity of their Intentions in coming thither, for though they could not but Insist that as a Reparation for the Injury they believ'd had been offered to them in detaining ye said Instrument, it should be once again put absolutely in their power as it first was, before it came into the hands of the Council, Yet it was not their Design to Perplex the Board and obstruct business, but would rather further it; And Did verily believe that if it once were putt in their Power, they should make no other use of it than by it to Consider their Duty, (for the original they thought to be their due, and that
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PROVINCIAL COUNCIL.
no copy was sufficient,) and desired they might not be suspected, for none of them would be desirous of having it in their custody, but that they would discharge Their Duty as Injoyned by the sd Instrument or Return it to the Council if they could not answer their expectation : Upon which, the said Instrumt was upon their Honour Delvd, That they would act Accordingly.
And the said Commissioners withdrawing with the sd Instrumt, desired the Proprietarys Comission to the Council might be also Comunicated to them, which was done, & further desired that the Council might not Depart till they could have some small time to Considr of it which was promised and thereupon they withdrew.
And Returning within an hour or thereabouts, they Delvd the said Instrument and Commission Informing, That they were willing it should Remain where they found it, or if it were Thought fitt that it should be Lodged in a Chest as a Common Repository under a lock, to which the Comissioners should have one key and the Coun- cil another, as had before been proposed by a member of ye Council, they thought it might ye better answer both Commission & Coun- cil; And That they were ready to discharge ye Duty Injoyned on them by ye said Dedimus; Whereupon it being moved that they should administer the Injoyned oath to Judge Guest & Capt. Fin- ney, who have a freedom to take an Oath and the affirmation accord- ing to the Law of England to ye other members who have not ye like freedom.
They answered that they had carefully perused and Considered both the sd Dedimus directed to them and the propretrs Commission to the Council, that they found by the first they had no power to administer any oath or other thing than in the express words directed in the said Instrumt, which they were ready to doe, but that the sd Oath being to be Administered to ye Governr of ye province who is now deceased & is represented by ye Council, or a Quorum of them, wch must be made up at least of five in number, in pursuance of yº sd Commission they could not administer ye sd Oath any otherwise than to ye whole Council, as making up but one Governr or at least to a Quorum of 'em, and that they could not see they had any power to administer an affirmation at all; But that notwithstanding their oppinion was that they could by no means doe any otherwise than they had proposed, they should be pleased (Coll Quary added) if the Council could find any Expedient to qualify themselves without ye Comrs that Governmt might be supported, and Business be carried on, & that when they had done so or should think fitt to proceed fur- ther in business, he would be ready to be assistant in what affairs Concerned him, upon which they departed & ye Council Adjourned of course.
At a Council held at Philadia, 13th 5 mo, 1703.
PRESENT :
EDWARD, Presidt. John Guest,
Griffeth Owen,
1 -
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MINUTES OF THE ЯЧ
Saml. Carpenter, William Clark,
Saml. ffinney, Caleb Pusey,
Thomas Story,
Jon Blunston.
This day having been appointed for a full Council to meet, that being a full Board, they might ye better take measures effectually to Qualify themselves for Business. The Presidt Informed the rest of the members That on the 29th of the last month, according to a for- mer order of the Board, the four Commissioners now in the Country, appointed by the late Kings Dedimus, for administring the oath re- quired by act of Parliament to the Governour having been sent to had appeared, & being informed of the Business ye Council had with them were desired to discharge what by ye sd Dedimus, they were required to, ye Council now representing ye Govr upon our Late Lieutents Decease, allowing ye Priviledge that the Queens Ordr allowed to those who could not take an oath of taking a Legal affir- mation in Lieu thereof.
But that the sd Commissionrs had Refused and Repeated their ar- gumts on both sides, and the sequel & event of the whole as entred in the minutes of that day.
That the sd Commissionrs having thus declined, it was next incum- bent to enter upon ye Consideration of what measures were now to be taken for their Qualification, that the Governmt might be sup- ported and Business carried on.
It was moved that ships being lately arrived from Engld, there might be Communicated to the Board what ordrs or advices were sent over relating to this Governmt; and accordingly the Secretary presented a Letter from the Proprietary to Govr Hamilton, with the Queens Approbacon, two Lettrs from Secretary Nottingham, by ye Queens Command, forbidding all Communication with ye Enemy, &c., with some other papers, which being Read, the Board took into Consideration what was first proposed by ye Presidt.
And first it being proposed to be Considered, In Pursuance of what power the Council should act, whether ex officio as ye Council of yo Govmnt while the Lieutent Govr was living, upon whose Decease the Govmt naturally devolved on ye Council without any Particular Power granted, or in pursuance of ye Propriers imediate Comission, It was Resolved, that ye sd Commission having been published and a Pro- clamation Issued thereon, the Council must proceed to act on that Power only.
And upon reading the late King Dedimus Potestatem for Ad- ministring an oath to the Govr of this province, it was debated whether ye sd Dedimus were yet in force or was expired, And the Queens Commission for Continuing all officers, &c., sent by Her Honble Privy Council, with direction to Pulish ye same, being read & Considered, It was Resolved, yt ye sd Dedimus was yet in full force & power.
It was also proposed, whether the Council could be thought to be under an obligation of taking that Oath or an Equivalent, Seeing Govrs seemed to be the only psons Intended both by the Act of Par- liamt & ye Dedimus, and no Council was mentioned, But it was Re-
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PROVINCIAL COUNCIL.
solved, that both ye Law & the Kings Dedimus, requiring the Govrs or Commanders in Chief to come under that qualification, & ye Coun- cil being really now ye Comandr in Chief in this Province, they were under ye same Obligation as a Govr in whose pson alone fye Govmt were invested would be.
Upon all which ye necessity of being qualified in pursuance of the sd Dedimus appearing, and ye Commissionrs as is aforesd having re- fused to administer an affirmation, other than wch most of ye mem- bers could not.possibly take; It was proposed that the Council should qualify themselves, together with the Collrs of ye Queens Customs, according to the second part of ye Directions in the sd Dedimus, and thereupon it was ordered the sd Collectrs, (viz.) John Bewly, Esqr., should be sent for, and was accordingly. And ye said John Bewly appearing, & being Informed by the Presidt of ye occasion, He re- quested to be excused, for he did not think it proper he said for him to concern himself with it.
But the board pressing it upon him as his duty Injoyned by the Kings Dedimus, & that it would be a great failure in him should he refuse it, he desired some time to advise upon it, which being agreed to He withdrew, and after some time returning Informed the Board he was sorry to tell them he could not not answer their ends.
But the Presidt still pressing it, that the Governmt Required it of him, and if there were a failure by means of his Refusal it must ly at his door. He was asked if he could not be a witness to their qualifying themselves and Sign as such, if he could goe no further. He only answered he could not meddle at all and so withdrew, and the Councill adjourned till next fifth day (Thursday) till 8 in the morning.
At a Council Held at Philadia, 15th of ye 5th moth, 1703. 2
PRESENT :
Edward Shippen,
Griffith Owen,
John Guest,
Saml. ffinney,
Saml. Carpenter,
Caleb Pusey,
Esqrs.
Wm. Clark.
John Blunston,
The Councill meeting further to Consider what methods should be taken for their Qualifycation spent some time in the Debate, but not coming to any Resolution adjourned to two in the after- noon.
And then meeting according to adjournmt, further adjourned till seven in the morning.
At a Council held at Philadia, 16th of the 5th month, 1703. º mane.
PRESENT :
Edward Shippen, John Guest, Saml. Carpenter, Wm. Clark.
Griffith Owen, Saml. Finney, Caleb Pusey,
Esqrs.
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MINUTES OF THE
Judge Guest & Capt. ffinney, Informed the Board that they had a Conference wth John Bewly, Collr of Philadia, Concerning the ad- ministration of the oath in pursuance of the Kings Dedimus, and pressed it upon him as his Duty to administr the sd oath to such of the Council as would take it, & that by many argumts they had con- vinced him & prevailed on him to comply, and thereupon desired he might be sent for, and accordinglie he was sent for.
And the said John Bewley, Collr, appearing in a full Council, ad- ministred the sd oath in pursuance of the sd Dedimus Potestatem to Jon. Guest & Saml. ffinney, which was accordingly certifyed by In- dorsmt on the said Instrumt.
Also, Edwd Shippen, Saml. Carpenter, Wm. Clark, Griffith Owen & Caleb Pusey, took an affirmation according to the Law of England to observe ye same that the said persons had sworn, and in the same words (the oath only excepted) as directed in the sd Instrumt, and subscribed the same in a Separate writing, also Judge Guest and Capt. ffinney took the oaths of Fidelity to ye Queen and abhorrence of the Popes Supremacy, and the other members took the Declara- tion to the same effect, according to act of Parliamt & subscribed the same.
Jon. Du Broy made oath according to law, for Registering the Sloop Dolphin, Burthen 3 tuns, Saml. Coleman, Mr.
James Tuthil of Philadia, mariner, made oath according to law for Registring the Sloop Unity, Burthen 8 Tuns, the Dept mastr.
Adjourned till 3d day morning.
At a Councill held at Philadia, 20th 5th moth, 1703.
PRESENT :
Edwd Shippen, Jno. Guest,
Thos. Story, Griffith Owen,
Saml. Carpenter,
Saml. ffinney.
A Warrt from the Proprietr under his hand & Lesser Seal of ye Province bearing date ye 29th Day of March 1703, directed to An- drew Hamilton, Esqr. Govr of Pensilvania & Territories was read, That Reposing espetial Trust & Confidence in the Prudence & Integrity of his Kinsman, Coll. Wm. Markham, he thought fitt to appoint him to be Register Genl of the Propry Province of Pensil- vania, and Territrs, Required him the sd Andrew Hamilton to pass his Lettrs Patents to constitute the sd Wm Markham his Register Genl of ye sd Province & Territories, was exhibited to ye Board wth a Re- quest that ye Council would pass a Commission for ye sd Office to y' sd Coll Markham, and accordingly it was ordered that the Secretary should prepare a_Commission for ye sd Office to the sd Coll. Wm. Markham, for ye sd office, to be signed by this board at next sitting.
Ordered yt ye Council shall meet every 3d day at eight in the morning, to wch time of Course ye Council is adjourned.
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PROVINCIAL COUNCIL.
At a Council held at Philadia, 27th 5th moth, 1703.
PRESENT :
Edwd Shippen,
Thos. Story,
Saml. Carpenter,
Griff. Owen,
Wm. Clark,
Saml. Finney, James Logan, Secretary.
A Comission to Wm. Markham, Esqr. for the office of Register Genl of this Province & Territories, being in Pursuance of an ordr of ye 20th Instant, prepared by the Secretary, was read, approved & signed.
Hercules Coutts made oath according to Law, for Registring ye Sloop Salamandr, Burthen 8 Tuns, Rd Rustwell Mastr.
Robt Weir made oath according to Law for Registring ye Sloop Pennsilvania Mercht, Burthen 10 Tuns, Jno Tucker, mr.
Signed a Wrrt of appraismt of certain goods containing in two bales Imported on the Constant alice, directed to Bowlaf de Haes & Richd Clark of New Casle, at ye Instance of James & Hercules Coutts.
Upon ye Request of Wm. Tonge for an ordr that ye Records of N. Castle be delvd to him ye Clerk thereof by James Claypoole, late Clerk of ye said place also for ye Naval Office for ye Port of New Castle ; 'Tis ordd that ye sd William in ye first place be Required forthwith to acct for wht he has recevd of the Levies.
Ordered, That Powers be drawn for qualifying ye Justices of ye Several Counties, according to ye QUEENS late ordr, and that a De- dimus Potestation directed to Nehffield for ye County of Sussex & another to Wm. Annand for ye County of Kent be forthwth prepared, wch was accordingly done & signed, & then adjourned of Course.
At a Council held at Philadia, ye 3d 6 mo., 1703.
PRESENT :
EDWARD SHIPPEN, President.
Saml. Carpenter,
William Clark,
Thomas Story, Griffith Owen, Caleb Pusey.
A Dedimus Potestatem directed to Jerem. Langhorn, for quali- fying ye Justices of Bucks County, in pursuance of ye Queens late order.
Also, another Dedimus directed to William Annan, with Willm. Rodeney's name inserted, for qualifying the Justices of Kent, in pur- suance of ye said order.
Also an order to John Moore, late Register General, to deliver unto Coll. Willm. Markham, the Books, files, Records & Papers be- longing to ye said office were signed, & then adjourned of course.
At a Council held at Philadia, ye 10th 6 mo., 1703.
Edwd. Shippen, Jno. Guest, Willm. Clark,
PRESENT :
Griffith Owen,
Saml. ffinney.
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A Lettr from the Proprietary to Governr Hamilton, by Alexander Paxton, under the Province Seal, dated ye 13th 1 mo. last, inclosing a Duplicate of ye Queens approbation of ye sd Governour was read.
Thomas ffarmer, High sheriff of ye Citty and County of Philadia, acquainted ye Board, that having a design to transport himself to England he must Crave leave to lay down his said office, & there- fore requested ye Board that another might be appointed, & there- upon ;
Jno ffinney, Esqr., presented a Petition, praying that upon ye said Sheriffs resigning his Place, he ye said Jno. ffinney might succeed him therein, wch is Granted, & a Commission is ordered forthwith to be drawn for Constituting the said Jno ffinney, Sherif of ye said City & County ; He obliging himself to take effectual care that ye Taxes, Levies and fines accruing to ye Proprietary, as well as others of ye Govermt, should be duly Collected.
Ordered, That a new Dedimus potestatem be prepared, directed to Robt. Assheton, for qualifying the Judges, the attny General, Re- gistr Genl & Secretary of this Province & Territories, & to ye Jus- tices in ye Court of Common pleas, in Equity & of the peace for the Citty & County of Philadia, & to ye Sherif of ye said Citty & County, in pursuance of ye Queens late ordr, and then adjourned to 5th day next at 8 in ye morning.
At a Council held at Philadia, ye 12th of 6 mo., 1703.
PRESENT :
Edwd. Shippen, Jno Guest,
Saml. Carpenter,
Wm. Clark,
Griffith Owen, Saml. ffinney, Cal. Pusey.
A Commission for ye office of High Sheriff of ye City & County of Philadia to Capt. ffinney ; also, a writt of assistance to ye said Sherif were signed, to be made Lettrs Patents ; also, a writt of Dis- charge to ye late Sherif for his said office.
Ordered, That all the Collectrs of ye Taxes of this County, be sum- moned to appear before this Board the 7th of 7 mo. next.
Signed also another Dedimus Potestatem to Robt. Asheton, to qualify all the magistrates of this County, ye Judges & Chief officers of ye Govmt, wth a full Copy of ye Queens order annexed ; and then adjourned.
At a Council held at Philadia, yo 16th 6 mo., 1703.
PRESENT :
Edwd. Shippen, Jno. Guest, Saml. Carpenter,
Wm. Clark, Tho. Story, Griffith Owen,
Saml. ffinney.
Saml. Rowland of Philadia, mariner, having yesterday arrived
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with his Sloop from Lewis, in Sussex, & brought advice, That there was certain Ship lately arrived there wch they had some reason to suspect was on no honest design; the Council meeting upon that occasion, sent for the said Rowland and examined him, and upon his solemn attestation he Declares,
That He, the said Rowland, and ye Collector of ye said Port, (viz. H. Brooke,) having been a few miles out of ye town of Lewis, & re- turning thither on Wednesday last, ye 11th instant, they perceived a ship ride off of ye sd Port, and Inquiring in the town concerning her, they were told she was either a ffrench Ship or Prize, and found some of her men landed, two of whom particularly they met with, and ye said Collector Inquiring of them whether they belonged to that vessel they answered yes; ye Collectr then asked what Papers they had to shew, upon wch they produced a Copy of a Commissn wch they said was their Capts; That presently after they mett wth three more of ye men, who had come ashore & staid wth them near three hours, that ye two they first mett with prest ye other three to goe on board wth ye water they came ashore for, but they refused, and that ye said two earnestly urged the others not to lett their fellow Souldiers perish, calling them Barbarous Dogs for their Inhumanity, & that it would be Kinder to pistol them then to lett them die for thirst.
Upon wch this Informant offered, that in Case one of ye sd two men (who were ye most genteel) would stay on shore as a pledge for him he would carry them water on board, and accordingly one staid, & he carried them four anchors of water, of wch they drank up two he thinks before he left them ; That they called ye Capt Burgess, & said ye ship was a french prize, loaden with wheat, came from Cal- lary within ye Streights, Was taken off ye Canaries by Capt. Pullen, Companion to Capt. Dampier, on his intended expedition to the south Seas ; that ye men said they were ordered by Capt. Pullen to come wth the said Ship into these parts to Sell her, & when sold he would meet them in this river; That they said they had but 15 men in all ; That they had 12 great Guns, & Seemed to be about 120 Tuns; that according to their own accot they had Tenn Thousand Bushels of wheat aboard, but that he believed they had not so much, that he saw some of the wheat but did not look into ye hold.
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