USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 16
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DA'D. LLOYD, Speaker.
Judge Mompesson, made report of ye Conference held yesterday with the assembly ; but Judge Mompesson, having undertook to draw it up in writing, & to give it to ye Secry, wch he omitted to doe, it cannot be here inserted.
The Request of ye assembly being taken into consideration, it was Resolved, That a full answer should be given as desired, which was done in ye following words.
In answer to a message from ye assembly, requesting ye Council to give their opinion under their hands, concerning ye saving or excep- tion in ye Proprietor, Wm. Penns Commission to ye present Lieut. Govr, to witt : whether ye sd saving is void in it self, & does not va- cate ye rest of the said Commission, or render it invalid, and whether those bills wch ye present Lieutent Govr shall think fitt to pass into Laws, & cause ye sd Prors great seal to be affixed thereunto, can after- wards be vacated or annulled by ye said Pror, without assent of ye Assembly of this province.
Wee of ye Council, whose names are hereunto subscribed, are of opinion that ye sd saving is void in it self, & does not vacate ye rest of ye sd Commission, nor render it invalid. And that those Bills,
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wch ye present Lieut. Govr shall think ffitt to pass into Laws, and cause ye sd Proprs great Seal to be affixed, cannot afterwrrds be vaca- ted or annull'd by ye Proprietor without assent of ye assembly of this Province. Signed,
Wm. Penn, Junr., Griffith Owen,
Roger Mompesson, Caleb Pusey,
Edwd. Shippen, Wm. Trent,
Wm. Clark, Richd. Hill,
Jasper Yeates, James Logan.
And ye said Message was Ordered to be carried by Judge Mom- pesson, Edward Shippen, Judge Guest, Judge Clark, and ye Secry, and accordingly it was carried, and then ye Council adjourned till morning.
At a Council held at Philadia, 27th 3 mo, 1704.
PRESENT.
JNO. EVANS, Esqr., Lieutenant Governour.
Wm. Penn, junr.,
Saml. ffinney,
Roger Mompesson, Wm. Trent,
Edwd. Shippen, f George Roche,
Wm. Clark,
James Logan.
Jasper Yeates,
The Govr having recvd a message from ye House last night, re- questing y Govrs leave yt they might for a fortnight or thereabouts, adjourn, what business is designed for them to goe upon, being mostly concluded on, and may be as well done by some persons to be appointed for drawing up ye Bills, while ye Countrey members may retire home to their affairs for ye sd time. He communicated ye same to ye Board.
A message from ye assembly, requested ye Govrs answer to ye foregoing message, and presented and offered two addresses pre- pared by ye House, to be presented to ye Queen, to ye Govr and Council for their Consideration, which Addresses were severally read.
Resolved, that for ye Govrs greater conveniency, it be proposed to ye House, to be adjourned for three weeks, and Ordered, That Judge Mompesson, Clark & Yeates, carry ye sd message, & inform also of ye Report of a Privateer being within ye Capes, brought yesterday by Capt. Brereton.
The case of Andrew Rudman & Andrew Sandal, Clerks, & their answers to ye Informations exhibited to this board, by Benjamin Chambers, relating to ye Scuylkill ferry, was read. Ordered there- upon, that notice be given to both ye sd parties, to appear at this Board next Council day.
A petition from Thos. Godfrey, of ye County of Philadia, was Read, shewing that by Colour of an Order from Coll Markham, there had been laid out a road from Toby Leech's to Germantown, very injurious to the sd Petitioners Land; that it being ye business of ye Court of Quarter Sessions, & not of ye Council to appoint ye sd
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Road, ye sd Court had appointed persons to view ye same, who cer- tified yt it is not convenient or needful, & yt another road laid out by sd Godfrey, in lieu of that, had been several times presented by ye Jury, but ye presentment was always quash'd till ye last to which he was obliged to plead, & therefore prayes that ye sd ordr of Coll. Markham being inconsistent with ye Laws of this Govrmt may be repealed.
Ordered, that notice be given to Toby Leech and Thos. God- frey, to appear before this Board, with all they can shew on each side, in behalf of ye Respective Roads they contend for, and that Judge Guest and Capt. ffinney, Justices of ye Court, be present at ye same time.
Capt. Brereton being yesterday come in from sea, was called be- fore this Board, and upon Examination, Informs, That on - last, coming at ye Capes, he saw a Sloop within him, that he came to an- chor over night, & ye sloop did ye same, that in the morning she made after him for about two hours, but not being able to come up with him, stood away again, directing his course towards another vessel under Cape May, & that by all his working he suspected her to be a privateer.
And ye Govr desiring to be advised what was necessary to be done therein, It was Resolved, that further advice concerning her should be expected from below.
Jos. Wood & Is. Norris, in a message from ye House, informed yt they acquiesced wth ye Govrs Proposal about their adjournmt, & for ye Report brought by Capt. Brereton, they referr it to ye Govr as is (Lieutt. to) the Capt. General. adjourned.
At a Councill held at Philadia, 23d 4 mo., 1704.
PRESENT :
JNO. EVANS, Esqr., Lieut. Govr.
Edward Shippen,
Wm. Trent,
Judge Guest,
Richd. Hill,
Wm. Clark,
Jasper Yeates,
Gr. Owen,
George Roche,
Saml. ffinney,
James Logan.
Caleb Pusey,
A Petition from Joseph Cloud, of ye County of Chester, was read, shewing that ye Petitioner being lawfully possest, of a servt boy named Wm. Prichet, bound to serve him for a term of years, wth Consent of ye Boyes parents. was disseized of him by ye Sherif of ye sd County, by an ordr from ye Govr as was pretended. That ye Sherif still delains him ten Pounds or more to ye Petirs Damage, whereupon he being left remediless, prayes this Board they would be pleased to Issue an Order yt he may be again restored to him.
And his allegations being heard, 'tis Ordered, yt ye Consideration of the whole be referr'd to 3d day, (Tuesday next,) & yt all ye past proceedings with ye Govrs writt, be then Produced to ye board by ye
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Petitr & parties concerned, & that ye attorneys of both Parties be present, in ordr to a more full understanding of ye whole mat- ter, & how far this Board may be concerned to take Cognizance thereof.
Caleb Pusey & Capt. ffinney, were sent from this Board in a mes- sage to ye assembly, to inform them ye Council was sitting & ready to receive what they might have to propose.
Three members of assembly in a message from ye House, presented to ye Govr & Councill, a bill intituled, An act for preventing & re- moving all questions & Disputes, concerning ye Convening & sitting of this present assembly, & for Regulating ye same, as also for ye Confirmation of ye Charter of Priviledges. And further Repsented to ye Govr, yt ye assembly has several Bills & matters of momt be- fore them, wch because of ye Harvest approaching, they should not without great Damage to ye Countrey Repsentatives, have time now to finish, & therefore moved, yt they might adjourn to ye first of ye seventh month next, & yt ye Govr would be pleased to signify his pleasure therein.
The sd Bill was read, & ordered to lie upon ye Board to be further Considered.
Andrew Rudman, ye Swedish Minister, & Benja. Chambers, ap- pearing according to ye Ordr of ye last Council before ye Board, & their several applications being again read, B. Chambers, in answer to ye Swedes, offer'd a long Paper, wch proving too tedious, & ordered to be changed in ye Direction. It was referr'd to ye afternoon, & ye Council adjourned to four of ye Clock.
POST MERIDIEM, ye same as before, ffinney excepted.
A message from ye assembly acquainted ye Govr, yt ye House was Inclined to adjourn, according to their message in ye morning, & desired to know whether ye Govr had any thing to lay before them.
Resolved, that an answer should be sent them.
And ye matter of ye adjournmt being taken into consideration, and debated, it was Resolved, the following message should be sent to the assembly in the following words, viz :
It was somewhat unexpected by the Govr, that after an adjournmt for 3 weeks ; the first time he heard from the assembly was to know their desire of adjourning for five weeks longer. The Govr is very much inclined to believe it is from a sense of a necessity the Repre- sentatives find themselves under, upon accot of their domestick affairs, wch as he is at all times very ready to favour, yet cannot but think of it wth some sense of trouble, that there have been no greater advances made in Business, considering so many matters of weight require their application. However, the Govr will gratify ye Desires of the assembly, as far as he can possibly find, consistent with the Discharge of his Trust, but first desires to speak with the House, half an hour after eight in the morning; and it is ordered, That
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Judge Guest, Edwd. Shippen & Griffith Owen, carry the said mes- sage.
The Paper of Benja. Chambers, in answer to the Swedes ministers offered in the morning, was read, & both Parties called in & heard, & the Consideration of it was deferred, & the Council adjourned to 8 in the morning.
At a Council held at Philadia, 24th 4 mo., 1704.
PRESENT :
JNO. EVANS, Esqr., Lieut. Governr.
Wm. Penn, Junr.,
Caleb Pusey,
Edwd. Shippen,
Richd. Hill,
Jno. Guest,
Wm. Trent,
Wm. Clark,
Jasper Yeates,
Griffith Owen, James Logan.
The House of Representatives, according to Ordr waited upon the Board, & the Govr repeated to them the Substance of his message yesterday, & Desired that if they could make it suit, the Exigencies of their Countrey affairs, they would be satisfied wth a shorter ad- journmt.
They answered they had considered these fully, & fixt the time by a vote, & could not without great Inconveniency alter it.
The Govr told them he perceived by the Bill presented yesterday, that they were for assuming the Power of adjournmts wholly to themselves, excluding all power of Prorogation or Dissolution. That he had hitherto waved all disputes on that head, in hopes that by friendly Conferences, they should be able to adjust it. That till that could be done he should not Determine any thing, & therefore de- sired that it might be waved & so understood between both this Board & ye House.
The Govr further desired, that there might be frequent conferences held between the Council & assembly, for the better facilitating of business, & they Departed.
Upon Complaint made, that the Levies of Chester County had been long neglected, and that the proportion of the 2000€ granted to the Propry, to be paid by that County, was not yet one half paid in, & the care of the sd Grant lying upon this board. Tis Ordered, That John Hoskins, Sherif of ye said County, forthwith proceed to collect all the arrears of the Said Proportion not ye paid according to Law, & that former Collectors give in accots of their proceedings therein.
At a Council held at Philadelphia, 27th 4th mo., 1704.
PRESENT :
JNO. EVANS, Esqr., Lieut. Govr. Edwd. Shippen, Wm. Trent, Jno. Guest, Richd. Hill,
James Logan.
Wm. Clark, Griffith Owen,
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The Govr desired to have ye opinion of ye Board, concerning the Register Genls. office, now upon ye Decease of Coll. Markham, and whether upon Jno. Moore's having contested it with sd Markham, in his Life time, it might not be most convenient to take sd office into his own hands. Upon wch, it was Resolved, That ye Govr having the Disposal of offices in his own Power, might act in it as he thought fitt, & that if he thought it proper, to take ye said office into his own hands, there could be no objection against it.
In pursuance of an Ordr of ye 23d Instant, Joseph Cloud appear'd wth his attorney, who giving an accot of ye whole Proceedings of ye subject of his Complaint. It is Resolved, That the cause is now re- gularly in Law, & there it must be left. But that for the more speedy doing of Justice to the Complainant, tis Ordered, That the Court of Chester be enjoyned without delay to bring the matter to a Period with all Expedition.
At a Council held at Philadia, 4th 5 mo., 1704.
PRESENT :
JNO. EVANS, Esqr., Lieut. Govr.
Edwd. Shippen,
Richd. Hill,
Jno. Guest,
Wm. Trent,
Griffith Owen,
James Logan,
A Petition from Wm. Harper, mercht. was read, Complaining that Grimstone Bowd, having used & Spoiled certain Goods of his, & denying to make him satisfaction, he had applied to Anth. Morris, Esqr., Mayor of the City, who upon a full hearing, gave Judgment that the said Bowd should pay the Petitr 33 shills. & 4d. for Damage. That sometime after the Petitr applying to the said Mayor, the Clerk was ordered to draw up one, which being offered to the Mayor to sign, he called to see the Judgmt, & being rendred, he detained and refused to award Execution. Upon which the Petitioner humbly prayes, that Right be done him. Ordered, That the Petition lie on the Board to be Considered.
At a Council held at Philadia, 11th 5 mo., 1704.
PRESENT :
JNO. EVANS, Esqr., Lieut. Govr.
Wm. Penn, junr.,
Wm. Trent,
Edwd Shippen,
Richd. Hill,
Jno. Guest,
Geo. Roche,
Saml. ffinney,
James Logan.
Capt. Geo. Lowther & Tho. Clark, attending on the board, rep- sented to the Govr & Council, That upon the publishing of the late Commission to the Officers of the Militia, Expectation was given by the Govrs Ordrs to all such as should inlist themselves, that they should be Exempted from watch & Ward. But that at the last Mayors Court, held for the City of Philadia, The Constables accord-
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ing to Ordrs given them, had returned the names of such persons as upon the aforesaid Encouragemt had declined watching, upon which apprehending themselves in danger of being prosecuted, they were under such discouragements, that on their last muster day they had scarce any appearance in the field. They therefore humbly moved, that seeing those who inlisted themselves, had no manner of Consi- deration from the Publick for their service, and only expected the aforesaid Immunity ; for their better Encouragement, this board would be pleased to make and publish an ordinance to that Effect. That all persons who were or should be duly entred in the muster Rolls, & served in the militia, should be exempted from the Service of watching, there being a sufficient number of others to perform it, who were excused from bearing arms because of their Principles.
Which being duly considered, Tis ordered by the Governour & Council, That all persons who inlist themselves & serve in the mili- tia, & are accordingly returned in the muster Rolls, shall be exempted from the said service from Watch & Ward, & from the office of Constables, and that a proclamation be forthwith prepared & issued for that purpose.
Thomas Godfrey, attending in pursuance of his Petition, but Toby Leech, not being present, It was ordered, that a further day should be' given for both their appearances, & next council day was ap- pointed for the same.
At a Council held at Philadia, 18th 5 mo., 1704.
PRESENT :
JOHN EVANS, Esqr., Lieutenant Governour. William Penn, junr.,
Richd. Hill,
Edward Shippen, Wm. Trent,
Saml. Carpenter,
George Roach,
Saml. ffinney,
James Logan.
According to the order of the 11th instant, Thomas Godfrey & Toby Leech, with their Council appearing, & the whole matter in Controversy concerning the two Roads, by them respectively con- tended for, with the matter of the said Godfreys Petition being con- sidered, 'tis Resolved, That whereas, by an act of Assembly of this Governmt, made at Newcastle, A. D., 1700, Intituled an act to Impower the Justices in each County, to lay out and Confirm all roads except the Kings high wayes, & public Roads. One or both of the said Roads are confirmed, & the matter now depending at Law, It is therefore referr'd to the Law, & the proper judges of it to de- cide the Differences.
At a Council held at Philadia, 2d 6 mo., 1704. PRESENT :
JOHN EVANS, Esqr., Lieut. Governour. Edward Shippen, John Guest, Griffith Owen,
Caleb Pusey,
Wm. Trent,
George Roche, FA
Saml. ffinney,
James Logan.
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PROVINCIAL COUNCIL.
Ordered, That a message be sent to the assembly, (now sitting according to their last adjournment,) to acquaint them that the Council is now mett & ready to receive what business they may have to offer.
Also, in order to the better consideration of the Bill presented on the 24th of 4th Moth last, 'tis ordered that the Charter of Privileges be sent for, to be perused together with ye sd Bill.
And the Secretary was accordingly sent on the said message, & returning, brought the said Charter & informed, that at the House he only found a committee sitting, the Speaker not being there.
The Bill presented by the Assembly on the 23d 4 mo. last, to the Govr, being perused and compared, with the Charter, was considered paragraph by paragraph, & it was resolved, that the sd Bill should not pass without amendmts, and then adjourned.
At a Council held at Philadia, 4th 6 mo., 1704. PRESENT :
JOHN EVANS, Esqr., Lieut. Governr.
Wm. Penn, junr.,
Caleb Pusey,
Edwd. Shippen,
John Blunston,
Jno. Guest,
Wm. Trent,
Saml. Carpenter,
James Logan.
Griffith Owen,
Saml. Carpenter, Provincial Treasurer, producing his accots of what he had recvd & disbursed of the Provincial Tax, of one penny per pound, making the sum of his receipts £206 12. 72, and his Disbursemts £245 7. 4}, and the balance due to him £44 17. 4}, the said accot is allowed, provided he give Security for the Sixty pounds, with which he charges Coll. Andrew Hamilton, Postmaster Genl, as paid him in behalf of this Governmt, for the Encourage- ment of his sd office, or produce a discharge.
Four members of the assembly, viz : Jos. Growdon, Is. Norris, Jos. Wood & Cha. Read, presented from their House to the Board, a Bill Intituled an act for Confirmation of the Charter of the City of Philadia, & for removing & preventing all Doubts & Scruples, con- cerning the ffranchises, Jurisdictions, Rights & Priviledges thereby granted ; which was read, & then adjourned to three in the after- noon.
At a Council held at Philadia, Postmeridiem.
PRESENT : the Governour.
Wm. Penn, junr.,
Edward Shippen, Jno. Guest,
Jno. Blunston, Wm. Trent, Geo. Roche,
Saml. Carpenter,
James Logan,
Caleb Pusey.
A Petition to this Board from Wm. Shurdlow, Tho. Barker, Saml. Hallifield & several others of London, subscribers in behalf of them- VOL. II .- 7
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selves and others, Interested in the stock of the free Society of Traders to this Province, now brought from Engld, & presented by Edwd Shippen, together with a Duplicate of a Lettr from the Propry directed to the Board, & read on - last, was read, setting forth the great Losses they had sustained in that adventure, and that they are uncapable of rectifying the past mismanagmts, for want of the Books and accots, and therefore humbly pray relief, by calling be- fore the Govr and Council the persons now concerned here, in whose hands the Books and accots are lodged, and requiring them that a true state of all the sd Books & accots may be forthwith sent to England, & that in the meantime all further sales of Lands should be forbid, before the whole affair be digested into such Order as that every subscriber may know his Interest in proportion to their money advanced.
Upon wch 'tis ordered, That Benj. Chambers, said to be late Presidt of the sd Society, & ffra. Rawle & Jos. Pidgeon, also inter- ested therein, be summoned to bring before this Board, on tuesday come a week, all the Books and accots whatsoever relating to that Society.
At a Council held at Philadia, 8th augst., 1704.
PRESENT :
JOHN EVANS, Esqr. Lieut. Govr.
John Guest,
Caleb Pusey,
Saml. Carpenter,
Wm. Trent,
Griffith Owen,
James Logan,
Saml. ffinney,
The Govr informed the Board that a Council having been appoint- ed on the 5th instant, but did not sitt, a message from the assembly of several members in the afternoon of the said day, had waited on him in the Council Chamber, & presented a bill intituled an act for the better securing and Confirming the Rights, & Properties of the Inhabitants of this Province. And further desired to know, whether the Govr had recvd any advice that the Laws of this Province for- merly sent home, were confirmed by the Queen, & whether the Go- vernour had fully considered the act first sent in : and 3dly, whether the Govr had recvd any fresh orders from the Crown, or the Propry, fitt to be communicated to the assembly. To all wch it was Resolved, That an answer should be sent in the afternoon.
And the Council having spent some time in considering the Bills sent to this Board by the Assembly, it adjourned to the afternoon.
At a Council held at Philadia, 9th, 6 mo., 1704.
PRESENT : the Govr., Propr. W. Penn, E. Shippen, J. Guest, Griff. Owen, Wm. Trent, J. Logan.
The Council not meeting yesterday afternoon, according to ad- journment, a message then came to the Govr, requesting his answer
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PROVINCIAL COUNCIL.
to their last message, & again this morning before the meeting of the Council, another message was sent, Informing that the Assembly sate, & requested the Govrs answer, of all wch the board being in- formed, It was ordered, that in answer to the fifth part of their mes- sage, they should be informed, That the Govr had not recvd any further advice concerning the Laws; to the 2d, That the Bill should be returned to the House this afternoon, between three & four with amendments, & to the 3d, Three Lettrs should be sent to them wch the Govr had recvd, one from the Queen, concerning the admity : One from the Lords of Trade, & another from the Lord Cornbury, Con- cerning the Quota to New York; and that Doctr Owen, and the Secretary, should carry the said answers.
Indian Harrys brother, late of Conestogoe, being arrived in town from the 5 nations, was examined with James Le Tort and Peter Bizaillon, concerning those of the said 5 nations, that have been so long expected here, & Peter Bizaillon was ordered to attend again about 5 in the afternoon.
adjourned to half an hour after two in the afternoon.
-
At a Council held at Philadia, 9th, 6 mo., 1704, Postmeridiem.
PRESENT :
JOHN EVANS, Esqr., Lieutenant Governour,
Wm. Penn, Esqr.,
Griffith Owen,
Edwd. Shippen,
Caleb Pusey,
Jno. Guest,
Wm. Trent,
Saml. Carpenter,
James Logan.
The Bill for confirming the Charter of Privileges was read again, & several amendments being made to it, they were sent with the said Bill to the House, & Caleb Pusey, Wm. Trent, and the Secry were ordered to carry the same, together wth the answers given in Charge, to Doctor Owen & the Secretary in the morning, the assem- bly having rose before the sd message reached them. Ordered, that the Bill entituled an act for the better securing and Confirming the Rights & Properties, &c. be Committed to the Commrs of Property, to consider the same in behalf of the Propr, and then be laid before this board with their report.
The members sent to the assembly returning, make report that they had delvd their message, & that they answer, that they are making all Dispatch to finish the act for establishing of Courts, that they request the other Bills before this Board may be also Dispatched here, & request that their address presented Yesterday, requiring that Satisfaction should be made to their House for some irregular Proceedings of a member of this Board, may be considered and a satisfactory answer returned to them; adjourned till to morrow 9 a Clock, A. M.
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At a Council held at Philadelphia, 10th, 6 mo., 1704.
PRESENT :
JNO. EVANS, Esqr., Lieut. Govr.
Wm. Penn, junr.,
Griffith Owen,
Edwd Shippen,
Samuel ffinney,
Jno. Guest,
Caleb Pusey,
Saml. Carpenter, James Logan.
The Council being mett, they spent some time in Considering the Bills sent up by the House of Representatives, & then adjourned to three in the afternoon.
POST MERIDIEM, absent S. ffinney, & present G. Roche.
A Message from the assembly, (by S. Richardson & N. Newlin,) presented to the Govr the Houses answer to the amendments, made by this board to the Bill for Confirming the Charter sent to them yesterday, and desired an answer to their last address, which was promised this afternoon.
The assemblies answer to the sd amendmts, were read & Con- sidered, upon which 'tis ordered, that a Conference wth the House be appointed to morrow at ten of the Clock in the Council Chamber, & Saml. Carpenter, & - -, were appointed to acquaint the House accordingly.
Also in answer to their address, complaining agst Judge Guest, to tell the House that there being nothing of a particular crime charged agst the Judge, this Board could take no notice of it, but that if they had any such thing to alledge agst him, He declared his readiness to answer them, & then adjourned to nine in the morning.
At a Council held at Philadia, 11th, 6 mo., 1704.
PRESENT :
JNO. EVANS, Esqr., Lieut. Govr.
Wm. Penn, junr.,
Caleb Pusey,
Edwd. Shippen,
John Blunston,
Jno. Guest,
Jasper Yeats,
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