USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 12
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PROVINCIAL COUNCIL.
not being able to make restitution, He prays that ye Council would be pleased to Discharge him from his Imprisonmt & mitigate ye fine, &c.
But whereas, it appears that ye sum mentioned was what ye Law requires for Damages ; 'tis resolved, that it cannot be eased or remit- ted. Hugh Durborrow was sent for, & being examined whether he had recvd Satisfaction for his Damages, he answered he was satisfied, And the sd Peter, or his assigns, engaging to carry the Criminal out of ye Province ; 'tis ordered that ye sd Imprisomt be remitted accord- ing to ye Prayer of the Petition.
Rowld. Ellis & Joseph Growdon, elected members for this present Assembly, being come up from their respective Counties were intro- duced by two other members, and desired to take & Subscribe ye usual qualifications ; wch accordingly they did, and then ye Council adjoured to 10 in ye morning.
At a Council held at Philadia 19th 8 br, 1703, A. M.
PRESENT :
Edwd. Shippen, John Guest,
Thomas Story,
Griff. Owen, Caleb Pusey, Jno Blunston.
Francis Cook and Thomas Pascal presented a Petition directed to ye Governr, Council and Assembly, for a Replevin wch it appeared had been first presented to ye Assembly, & read there, before ye Coun- cil was acquainted therewith. Ordered therefore, that ye said Peti- tion be rejected ; & Francis Cook, who manages yt affair be repre- hended for his Insolence, in presenting to ye Assembly as aforesaid.
But because ye Replevin requested is for a redress to ye Children of Jno Moll, deceased, upon a Damage done their Estate, as is al- ledged by an execution agst John Jones, present Husband of the sd Molls, Relict & Levied by ye Sheriff, as is said on ye said Childrens Goods ; 'tis therefore Ordered,
That upon presenting a Regular Petition to this board, ye sd Re- plevin be forthwth granted.
At a Council held at Philadia, 20th 8br, 1703. A M.
PRESENT :
Edwd Shippen, Jno Guest,
Saml ffinney,
Tho. Story,
Caleb Pusey.
Four members from ye Assembly came in a message to this Board, Requesting by orders of ye House, that ye Council would Communi- cate to them ye Instrumt signed & Seald at New castle, & delivd to Govr Hamilton by ye Proprietary, for passing ye Charter of Property then prepared for execution, & what else has been sent for ye Propry relating to ye same.
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The Board told them they would consider of it & send their an- swer, And ye said papers being inquired for & produced by ye Secry, It was ordered, that a Copy of each should be forthwith drawn & certified by ye Secry, to be sent to them, wch was accordingly done, & it was ordered they should be sent accordingly.
A message by two members from ye Assembly, Informed ye Coun- cil by Ordr from their House, that they were waiting for ye Councils answr & therefore Craved them to be pleased to send it.
Upon wch ye said Copies were delivered to these members, with an ordr from ye Board, desiring ye attendance of ye whole house forth- with.
After some time, Jos Growdon, Isaac Norris, Jos. Wilcox, Nicho- las Waln & Saml Richardson, by Ordr of ye House, presented them- selves to ye Board, Informing that ye Assembly being now near a Close for this Juncture, & employed about finishing their Minutes, could not conveniently attend in a Body, & therefore had appointed them to treat with ye Council upon such subjects as the Council de- sired ye attendance of the House.
The President informed them the Council had come to a Resolu- tiou, that time being so far spent, and some of ye members of this Board obliged to depart, they were willing to confer with them con- cerning the time at which they would think it most proper to meet again.
The Representatives said, that seeing the Council appeared unwilling to proceed to business, ye House had come to a Resolution to adjourn to ye first of ye 3d moth next ; The President desired to know what they meant by adjourning for so long a time, or what power they claimed so to doe. They answered, that by ye Language of ye Charter, they understood it was their right to sitt wholly on their own adjournment during ye whole year. This the Council could not allow of, ye words of ye Charter not importing it, nor ye practice of England, or any other Govnt giving any President for it, and sometime being spent in debating it, ye Representatives with- drew without coming to any further. conclusion ; Upon wch it was unanimously agreed on that ye Council should prorogue ye assembly forthwith, & in. ordr thereunto ye Secrey was sent in ye name of ye Council, to require their attendance of ye whole House immediately.
The Secretary returning, informed that ye House was broke up & had adjourned to.4 in ye afternoon, as he was informed by ye Speaker ; upon wch ye Council also adjourned to ye sd Hour, having first signed a Replevin wth an alias & a Pluries, as yesterday Ordd.
POST MERIDIEM. PRESENT, ijdem qui antea.
Two members from ye assembly appeared & declared to this Board that by ordr of the House, they were to inform ye Council that y assembly had adjourned themselves to the first day of the third month next, unless ye Councill should have occasion to call them be- fore that time, upon wch ye Presidt Informed ye said members, that
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PROVINCIAL COUNCIL.
ye Council had Prorogued, ye Assembly to ye said first day of ye 3d month, & desired ye sd members to acquaint the house of ye same, and accordingly ye assembly is hereby prorogued to ye sd first day of the third month next ensuing.
At a Council held at Philadia, 16th 9br., 1703.
PRESENT.
EDWD. SHIPPEN, Pres.
John Guest,
Saml. Carpenter, Esq'rs. Griffith Owen, - Esq'rs.
Saml. ffinney,
A Petition from Humphrey Ellis, Danl. Lewis, & 58 other sub- scribers, the Principal Inhabitants of ye Welch Tract, was read, Shewing that most of ye sd Petitionrs being purchasers & Possessors of Land, & Divers of them Inhabitants in & about ye Township of Goshen, in ye said Tract, had no Lawfull Road laid out by due au- thority, leading from ye said Township of Goshen to Philadia, their chief present market, by reason of wch being greatly incommoded ; they therefore pray, That because a Road laid out as aforesaid may be of general Service to ye Countrey, by being ye nearest and directest way to ye uper settlements upon Brandywine, & may conveniently be continued to Susquehannah, this board would be pleased to ordr that such a road may be laid out as aforesaid, leading from ye said Township through ye Township of Haverford, by Haverford meeting House, to ye Citty Philadelphia.
Upon ye Consideration of which, it was further represented, That there had been already two Roads laid out or proposed, the County of Chester, to ye said Township, but the persons concerned not being able to agree about ye said roads, & neither of them being laid out by a sufficient authority for a General or Great Road through the whole Country ; It now lies before this Board, to order & settle ye same, upon all which,
Tis ordered, That Samll. Richardson, David Lloyd, Rowland El- lis, Wm. Howel, Willm. Jenkins, and Richard Thomas, all Inhabi- tants of ye County of Philadia, doe view the said two Roads as now laid out or intended in ye County of Chester, & viewing also ye Ground between ye sd Roads & Philadia., & between Goshen and Brandywine, they ye said persons doe forthwith lay out & survey one Direct road of ·fifty foot in breadth, as convenient in all respects, as may be both to ye Inhabitants & Settlers of ye Interjacent Lands & Travellers, Leading from Willm. Powels Ferry, on SKuylkill, & passing by Haverford meeting House to ye Principal part of Goshen Township, and thence continued in a direct course to ye upper settle- mts on Brandywine, & Return ye same with all its courses to this Board, in order to a Confirmation.
Ordered, upon ye application of Tho. Grey, That ye Secretary pay him out of ye money he shall receive for Licences to publick houses, twenty four shills. for his Journey to Chester, with a Dedi- mus to qualify ye Justices, and then adjourned to 7th day at 10 in ye morning.
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MINUTES OF THE
At a Councill held at Philadia, the 20th 9br, 1703.
PRESENT :
Edwd Shippen, Presidt.
Tho Story,
John Guest,
Saml Carpenter,
Saml ffinney.
James Logan, Receiver Genl, making Complaint to this Board, that the ffines of ye several Counties had not been Levied, or re- turned. Tis Ordered, That all ye Sherifs of this Govmt be forthwith respectively required to Levy ye fines due to ye Proprietary in the Respective Counties, and without delay return ye same, as they will answer ye Contrary at their Peril.
Upon a Certificate & Application, made by ye Clerk of ye County of Bucks. That a Commission be Issued according to Law, to some persons in ye said County, for ye Trial of a certain negroe, lately presented for certain heinous Crimes, by ye Court of Quarter Sessions of ye said County. Ordered, That a Commission be forthwith pre- pared as requested, directed to Richd Hough & Samll Dark, to be a standing Commission for that purpose. Saml. Harriott took his affir- mation according to law, for Registring ye sloop Dove, ye Dept. mastr, Burthen 55 Ts.
A certain mulatto having been taken Prisoner in a Spanish vessel, by an Engl. Privateer, & carried into Barbadoes, was afterwards brought to this Port by one Husk, master of a sloop from Jamca, in ye quality of a slave ; and ye said mulatto Protesting that he was born free, of free parents, had ever lived so, and could not be now made a slave by his capture, but a prisoner of war, therefore made his appli- cation to this Board for Relief. But his application & Evidence not being sufficiently plain, tis Ordered that next 2d day ye 22d Instant he give it in writing, to wch day ye Board adjourns.
At a Council held at Philadia, 7th 10th br, 1703.
PRESENT :
Edwd. Shippen, pres.
Saml. ffinney, Caleb Pusey.
John Guest,
Griffith Owen,
Edward Thurston, made oath before the Collector, according to Law, for Registring ye Sloop Greyhound, Wm Wade, Mr., Burthen ten Tuns, or thereabouts.
At a Council held at Philadia, 12 11 mo. 1703-4.
PRESENT :
Edward Shippen, Presidt.
Samuel Carpenter,
Griffith Owen,
Thomas Story,
Samuel ffinney.
A Letter was offered by ye Presdt to ye Board, wch this morning he recevd from Burlington, & read, subscribed by Saml Jenkings,
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PROVINCIAL COUNCIL.
Tho Revel, Nath. Westland, & Robt. Wheeler, magistrates of Bur- lington, Importing that five french Prisoners having been taken by Ball and Baldridge in a Privateer, and landed some weeks agoe at Egg Harbour, in West Jersey, & carried up to Burlington by Danl. Cooper, they had thereupon wrote to the Lord Cornbury, who had directed that they should be sent to Pensylvania, they being (as he said) taken by a vessel belonging to the said Province; they had ac- cordingly sent them down & were now at ye Presidents house, upon which he craved ye opinion of the Council what should be done with them.
And being taken into the Consideration of the Board, it was Re- solved, that because the Information given to the Ld. Cornbury arose from a mistake, the Privateer that took the sd Prisoners not belonging to this Port, any otherwise than that he came in hither last summr, to victual here, and notwithstanding he was no way countenanced nor allowed in it by ye Govmt, carried off several of our men & some servts to their masters great damage, and because the said Prisoners were actually landed in ye Govmt of Jersey, & had continued there till this time. Therefore, that they should be sent back to Burling- ton, by ye messenger that brought them as soon as possible, but that in ye meantime they should be supplied with all necessaries at ye Charge of ye Govmt, to be paid by ye Secry, out of ye money recvd for Licensing publick houses, & that a Lettr should be prepared & signed by ye Council to this effect ; to ye Ld. Cornbury & another to ye sd magistrates of Burlington, wch accordingly was done.
A Lettr from Coll Wm. Markham, to this Board was read, setting forth that notwithstanding ye Councils Commission to him, to be Register Genrl for the Probate of Wills, & granting Letters of Ad- ministration in pursuance of ye Proprs Warrt for that Purpose, & their ordr thereupon to Jno. Moore, late Register Genl, to deliver the files, Papers & Seal of ye sd office, the sd Jno. Moore had refused to obey ye sd Ordr, & putt ye sd files, Seal &c. in his Posession, & therefore prayes that He may be impowered either to use his own seal for the present. or provide himself wth another seal for the sd office, till ye sd Jno. Moore may be compelled to deliver the said files, Seal &c., and that this Board would issue and Ordr to all ye Clerks of the Courts of this Govmt, to publish ye said Commission in ye sd Courts respectively.
Whereupon it is ordered, That the said Coll Wm. Markham, may use his own seal for ye sd office as is requested, and that for ye more regular holding of Orphans Courts, according to ye Law of this Pro- vince, the Clerks of ye several Counties are required in ye sd orphans Courts respectively to publish ye sd Commission.
Ordered, that for the greater sanction to Ordrs of Council, the Secretary affix ye lesser seal of ye Province to such of them as he shall see cause.
5*
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MINUTES OF THE
At a Council held at Philadia, 29th 11 mo., 1703-4. PRESENT :
EDWD. SHIPPEN, Prest,
John Guest,
Tho. Story,
Saml. Carpenter, Griff. Owen.
A Lettr from the Propry, dat 7th 4 mo. last, directed to Governr Hamilton, recvd 2 mo'ths agoe, & since in ye President's hands was offered to ye Board & Read, Inclosing a Lettr from ye Lds of Trade & Plantations to ye Propry, dated ye 21 3 mo. last, renewing ye Queens Orders formerly given to several Governrs & Proprietors of Plantations, relating to the assistance to be by them contributed towards ye charge of maintaining and erecting fforts, necessary for ye security & defence of ye Provinces of New York, &c. ; and re- quiring the directions formerly given by ye late Kings Lettr, dated the 19th Janry, 1700 .- 1, to be put in execution, & that ye Proprie- tary give strict charge to his Deputy Govr, to use his utmost En- deavours with ye Council & Assembly, to induce them to a Com- plyance.
Which Lettr being duly considered, It is resolved That ye Lt Go- vernr being dead, & no power of Legislation remaining in ye Council, nothing can be done therein till further Provision shall be made from Engld.
The President Complaining agst Andrew Bankson, one of ye Jus- tices of Philadia County, for irregularly marrying a couple lately according to law, but against ye Prohibitions of ye Parents, It is Or- dered That ye sd Andrew be sent for by ye messenger, to appear before this Board 2d day next at two in ye afternoon ; also, that Capt. ffinney be present at ye sd time in Council.
Judge Guest exhibiting to this Board a Complaint, that notwith- standing ye Laws of this Govmt had erected Courts of Equity & ye Justices, have a power also in their Commission for ye same : Yet that to ye great oppression of ye People, there have been no such courts as yet held in pursuance of ye present Law, the Rules of ye said Court not having yet recevd so full a sanction as tis thought may be requisite.
Ordered Thereupon, That ye sd Rules be produced to this Board next sitting.
At a Council held at Philadelphia the 31st 11 mo., 1703 -- 4.
PRESENT :
EDWD. SHIPPEN, Presidt.
John Guest,
Thomas Story,
Samuel Carpentr,
Griffeth Owen.
Andrew Bankson, according to order of ye last Council, appear- ing before this Board, was questioned concerning his being present at a late marriage of Tho. Murray & Rebeckah Richardson, contrary to Law, and countenancing it as a Justice of ye Peace ; upon wch he declared that he was wholly ignorant of its being illegal, & was heartily sorry for what was done, promising that wether he should
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PROVINCIAL COUNCIL.
continue in Commission, or otherwise, this should be such a caution to him as to prevent him of committing the like for ye future, & being severely checked, was dismissed.
George Lowther, also was sent for & questioned concerning a License said to have been granted by ye Lord Cornbury, for marry- ing ye sd persons in ye Province of Jersey, upon a Letter from ye sd Lord, a Copy of wch was produced,) by Rebeckah Shippen, assuring her that he had heard of no application for that purpose, & should not grant one if applied for, But the sd George Lowther, Sending forth the sd License, produced it, & being viewed carefully, it ap- peared to be authentique.
At a Council held at Philadelphia, 3d 12 mo, 1703-4.
John Evans, Esqr., arriving at this City last night, with a Com- mission from Willm. Penn, Esqr., Propry & Governr, constituting him ye said Jno. Evans, his Lieutenant Governr of this Province of Pensylvania & Counties annexed, with ye Queens Royal ap- probation of ye same, in a Council held at Hampton Court, ye 30th July, 1703. The said Commission & approbation, were this day published at ye market place, in solemn form & order : the sd Governr being present, & attended with the Council of State, the mayor, aldermen & Council of Philadelphia Citty, the Principal offi- cers, Gentlemen & Inhabitants of the place, from whence return- ing to ye Council Chamber, The Governr took ye Chair & held a Council.
PRESENT :
Edward Shippen, - Esq'rs.
Thomas Story, Saml. ffinney, ? Esq'rs.
Jno. Guest,
Samuel Carpenter,
Caleb Pusey.
The Proprietrs Commission to his Council, bearing date ye 28th of 8br., 1701, was read to ye Governr, who thereupon acknowledged & declared ye members in ye sd Commission named, to be & remain ye Council of this Govmt, & accordingly desired that they would be pleased to assist him with ye best of their advice and Council, in matters relating to ye administration of Governmt, & ye Discharge of ye Trust reposed in him.
But for his Effectual Qualification for ye same, ye Govrnr desired to take the oaths Required by ye Law of England, to be by him taken, & accordingly by Judge Guest administred to ye Governor ye oath of allegiance or fidelity to ye Queen, the abjuration of ye Popes Supremacy & the Test; all wch he took & subscribed.
And for taking ye oath enjoyned by ye acts of Trade, to be taken by Governrs of the Plantations, It is ordered, that there being a Quo- rum of ye Commissionrs in town, nominated by ye Late King in his Dedimus Potestatem, for administring the sd oath, (viz : ) Coll Quarry, Jno. Moore & Jasper Yeates, they ye said Commissionrs should be summoned to attend the Governr at this Board, at 4 in ye afternoon, to which time the Council is adjourned.
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At a Council held at Philadelphia, 4th ffebry, 1703-4, P. M.
PRESENT :
JOHN EVANS, Esqr. Lievt. Governr.
Edwd. Shippen, Presidt.
Saml. ffinney,
John Guest,
Tho. Story,
Samuel Carpenter. Caleb Pusey.
Coll Quarry, John Moore & Jasper Yeats, according to the order of this morning, presented themselves before the Governr to know his pleasure.
The Governr informed them that by an Instrument under ye Great Seal of England, now before him, he found ye sd Gentlemen to be ye proper persons he was to apply to for taking ye oath, appointed by ye Laws of Trade, to be taken by Governrs, for wch end he present- ed to them ye sd Instrumt, together with ye Queen's Royal Procla- mation, dated the 9th March, 1701, for continuing in force all the late Kings Commissions till further order.
And After some small hesitation, concerning the Limitation of time mentioned in ye act of Parliamt, recited in ye sd Proclamation, & ye explanation of ye sd Limitation, in an other act past in this Queens Reign, the sd Commissioners administered ye oath to ye Governr & a certificate of ye same was Indorsed on ye Instrumt & subscribed by ye Commissionrs.
Ordered, That a Proclamation be forthwith drawn for Continuing all Commissionrs in this Govmt in force till further Ordr : to be laid before ye Governr in Council, to-morrow at four in the afternoon, to wch time ye Council adjourned.
At a Council held at Philadia, ffebry ye 4th, 1703-4, P. M.
PRESENT :
JNO. EVANS, Esqr., Lieut. Governr, Edwd Shippen, Saml. ffinney,
John Guest,
Caleb Pusey,
Samll. Carpenter,
A Proclamation for continuing of officers, according to ye order of yesterday being prepared, was read & ordered to be Engrossd, Passed & Published, & then the Governr acquainted ye Board that it would be convenient to consult about calling an assembly. He was informed that there is an Assembly in ye Province now in being separate from ye Territories, in Pursuance of a certain Charter of Priviledges, left by ye Proprietary at his Departure, wch had oc- cationed some Difficulty's. The Governr therefore thought fitt that untill he could have time to acquaint himself with ye said Charter, & Proceedings therupon, the Council should be adjourned ; & according- ly it is adjourned to second day next, (Monday,) at 10 in ye fore- noon.
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PROVINCIAL COUNCIL.
At a Council held at Philadelphia, 7 ffebry, 1703. PRESENT :
JOHN EVANS, Lieut. Governr,
Edwd Shippen,
Griffith Owen,
John Guest,
Saml. ffinney,
Saml Carpenter,
Caleb Pusey,
Tho. Story,
The Governr informed ye Board, that according to the Proposal of last Council, he had acquainted himself as far as in the time he could, of what had lately past in this Govmt, in relation to ye Assem- bly, & found that the Governr has taken great pains to preserve ye state of affairs in good order & unity, but because ye subject now in hand seems of great importance, & ye Council for this Govmt as left by ye Proprietry at his Departure, is weakned by Death, or absence of some ef ye members, the Governr therefore proposes that an ad- dition of members may be made to ye Board; which being agreed to & certain persons named for that porpose, It is Ordered, that such as are concluded on shall receive an Invitation, & then adjourned to three in the afternoon.
POST MERIDIEM, ho. 3ia, Iidem qui ante.
Roger Mompesson, Esq., Judge of ye admty & Counsellor at Law, was called to the Board & took ye oath of a member of Council, & then Orders being given to Invite ye Proprietrs son to ye Board, that he may at all times have ye Privilege of taking a place when he shall think ffitt ; also, to invite Jno Bewly, Esqr., Colleetr of the Queens Customs, to ye Board. The Council adjourned to ten in ye morning.
At a Council held at Philadelphia, 8th 12th mo., febry, 1703-4. 8 PRESENT :
JOHN EVANS, Lieut. Governour.
Roger Mompesson, )
To. Story,
Edwd. Shippen, Esq'rs.
Griff. Owen,
John Guest,
Saml. Carpenter
Saml. ffinney Caleb Pusey, 1 Esq'rs.
William Penn, Junr., ye Proprs Son, was called to ye Board & took the affirmation of a member of Council. James Logan, Secre- tary, was called to ye Board & took ye affirmation of a member of Council.
A Proposal having been made, that there should be chosen some members also out of ye Territories, it was moved that their might be at least one out of each County. That Willm. Clark, being by ye Proprietrs Commission a member, might suffice for Sussex, & that for Kent, Willm. Rodney, who is now in Town, might be the most proper person, wch was Resolved, & Ordered that Willm. Ro- deney, should forthwith before his Departure from town be called to this Board, & admitted a member of Council.
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The Secry reported, that according to order, he had discoursed Jno. Bewley, who answered that he humbly thanked ye Governr & Coun- cil, for honouring him with the offer. That he should be extremely pleased to serve them in any thing within his power, But that this he doubted, might in some measure by malevolent Interpretations be construed to interfere with his present Post under her Majesty & the Commissionrs of ye Customs, and therefore craved to be excused, assuring ye Governr, notwithstanding that he should omitt no oppor- tunity of serving him & ye Governmt in all things in his power.
Willm. Rodeny, according to order, was called to ye Board, who took ye oath of a member of Council. Judge Mompesson & Willm. Rodeny, took ye Oaths of allegiance to ye Queen ; the abjuration of ye Popes Supremacy & ye Test & subscribed them : & then adjourned to tomorrow at 3 in the afternoon.
At a Council held at Philadia, 9th 12th mo., febry, 1703-4. PRESENT :
JOHN EVANS, Esqr., Lieut. Governour.
Roger Mompesson,
Griffith Owen,
Edwd. Shippen,
Esq'rs.
Thomas Story,
John Guest,
Samll. Carpenter,
Caleb Pusey, James Logan.
William Trent, was called to ye Board to be a member of this Council, and took ye Oath for that purpose; the oath of allegiance, & the abjuration of the Popes Supremacy, and subscribed ye same.
Richd. Hill was called to ye Board to be a member of this Coun- cil, & took the affirmation for that purpose, ye Declaration of fidelity to ye Queen, and renunciation of ye Popes Supremacy, & subscribed the same.
James Logan took ye said declarations.
William Trent, Richd. Hill and James Logan, took ye Test & sub- scribed the same in order to their qualifications, and then adjourned to 9 in ye morning.
At a Council held at Philadia, 10th 12 mo. Febry, 1703-4.
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