USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 17
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Saml. Carpenter, Geo. Roche,
Griffith Owen, James Logan.
According to appointment yesterday, the House of Representatives came to hold a Conference with this Board, touching the Amend- ments proposed to the Bill for Confirmation of the Charter, and the assemblies answer to the same, and to the first amendment (as in their answer they agreed) ; The second about the word Representa- tive was past ; the third about the Lower county members refusing to accept of the Charter was contested, and yielded to by the assem- bly ; the fourth past ; the fifth & sixth concerning the Power of Prorogation & Dissolution was largely debated, but nothing agreed on, the assembly Departed, & the Council adjourned till to morrow. 12th, to day.
157
PROVINCIAL COUNCIL.
There being no Council, a message was sent from the assembly to the Governour, requesting his Concurrence to their adjournment, intended to 4th Day next the 16th Instant.
At a Council held at Philadelphia, 19th, 6 mo., 1704. PRESENT :
JOHN EVANS, Esqr., Lieutenant Governour.
Wm. Penn, junr.,
Samuel ffinney,
Roger Mompesson,
Jno. Blunston,
Edwd. Shippen,
Wm. Trent,
Samuel Carpenter,
Geo. Roche,
Griffith Owen,
James Logan.
The Govr laid before the Board, an address presented to him by the assembly 3 dayes agoe, dated ye 12th, containing a Resolve of the House upon the last Conference.
That to admitt of the Power of Dissolution or Prorogation in the Governour, will manifestly destroy or frustrate the Elections settled by the Charter, which is as a perpetual Writt supported by the Legis- lative authority of this Government, & will make way for Elections by writts, grounded upon a Prerogative or rather Preeminence, which the Propry or his Deputy are by Charter debarred to resume. But that for prevention of Jealousies, They are willing that a Clause should be added to the Bill, that the time of the assembly sitting from the 14th of 8br, yearly, shall not exceed 20 dayes, unless the Governour shall agree to a longer time. And the adjournment from that time shall not be less than three months, and for every time of sitting, & every adjournment.
The Secretary was sent in a message to the assembly, to Inform them that the Governour & Council were sitting, & to desire a sight of the Charter of Privileges.
The Secretary returning, reported that he had performed his mes- sage, but that the House requested the Governour to commend the Record of the said Charter from the Rolls office for the Service of the Board, the original being much wore with using, and that the assembly requested that some of their members might be admitted to wait on the Governour this afternoon, in Company only of Judge Mompesson, & the Secretary, & that he would be pleased to give them notice when he would be at leisure.
Part of the Bill of Property was read & considered, & Informa- tion being given, that the said Bill depended in a great measure on a Charter left unfinished by the Govr, It was submitted to the Secre- tary to compare the Same, and make his Report.
At a Councill held at Philadia, 22d, 6 mo., 1704. PRESENT : JOHN EVANS, Esqr., Lieut. Governr. Wm. Penn, junr., Wm. Trent,
Roger Mompesson,
Jasper Yeates,
Saml. Carpenter,
James Logan.
Griffith Owen.
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The Bill for Confirming the Charter of Priviledges, &c. was again read & Considered, with all the amendmts of this Board, and answers of the Assembly to these amendmts, and it was ordered, That a Conference should be held by the Judge, and Saml. Carpenter, Jasper Yeates, & the Secry with the Speaker, and such other members of the House as they should appoint tomorrow morning, about the said amendments and answers, and then adjourned.
At a Councill held at Philadia, 24th, 6 mo., 1704. PRESENT :
JOHN EVANS, Esqr., Lieutenant Govr.
Wm. Penn. junr., Saml. Carpenter,
Roger Mompesson, Griffith Owen,
Edward Shippen, James Logan.
Judge Mompesson made Report to the Board of the Conference had yesterday with the Speaker, & some members of the assembly, concerning the Power of Dissolution & Prorogation, and also of a Conference that at their request he had with the Speaker upon the same head, and upon the whole gave it as his opinion, that except the Propry himself had absolutely granted away the Power of Dis- solution, the present Govr can not safely doe it, upon which a mes- sage was ordered to the assembly, and the said Judge Saml. Carpen- ter, and the Secretary, were sent with these words from the Govr in Councill to the assembly.
The Govr, upon the best advice he can have upon the Point of Dissolution and Prorogation, cannot be of opinion, that the Propry has granted that Power, and that therefore it is very unsafe for him to doe it. He is very unwilling to have any misunderstanding with the Assembly, & shall always be inclinable to make things easy in this as well as other points, & desires to leave it till further Direc- tions can be had from England, to which he thinks tis fitt that matter should be referr'd, and in the meantime recommends to the assem- bly to proceed to the Dispatch of such other business of Importance as lies before them, and the Exigencies of the Government neces- sarily require, and to which the opportunities now presented to them ought to invite & Encourage them.
Judge Mompesson, in his own behalf, gave his opinion to the as- sembly upon this point, and the above message was delivered. ad- jouned till Morning, but the Governour fell sick.
the 26th Day.
Five members from the assembly brought an address to the Gov- ernour, and presented it in his Chamber, which was as follows : that they could not waive the point of Dissolution, and unless-the said address being mislaid, could never be entered here.
At a Councill held at Philadia, 28th 6 mo., 1704.
PRESENT :
Wilm. Penn, Junr.,
Willm. Trent,
Edward Shippen,
wth several others.
James Logan, P Samll. Carpenter,
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PROVINCIAL COUNCIL ..
Kagundanoyagh, one of ye Chief of ye Onondagoe Indians, with 7 or 8 others of ye Chiefs of ye 5 nations, being come down to Philadia, in ordr to hold a Treaty to settle a Correspondence wth this Govermt, they were called before ye Council, the Lieut. Governr being by reason of sickness unable to attend.
At a Council held at Philadia, 1st, 7 mo., 1704.
PRESENT : JOHN EVANS, Esqr., Lieut. Governr.
Wilm. Penn, Junr.,
William Trent,
Edward Shippen,
James Logan, wth several others.
An other Conference having been begun wth ye Indians last night, it was adjourned to this morning to be begun anew, and ye Secretary, by ordr, made a speech to them, which being interpreted, Kagundonoyagh answered, & Presents were made on both sides.
At a Council held at Philadia, the 4th, 7br., 1704. PRESENT :
JNO. EVANS, Esqr., Lieut. Governr.
Willm. Penn, Junr.
Willm. Trent,
Edwd. Shippen,
George Roche,
Jno. Guest,
James Logan.
To morrow being ye Return of ye County Court of Philadia, The Governr proposed to ye Board to Consider what persons would be fitt to fill up a new Comission for ye said Court, upon wch Jno. Guest, Samll. ffinney, Geo. Roche, Samll. Richardson, Nathn. Stanbury, John Jones, Joseph Pigeon, Edward ffarmer, Rowland Ellis & An- drew Bankson, Junr., were appointed Justices of ye said Court ; and then adjourned.
At a Council held at Philadia, the 7th 7br, 1704.
PRESENT :
JOHN EVANS, Esqr., Lieut. Governr.
William Penn, Junr. Tho. Story,
Edward Shippen, Geo. Roche,
John Guest,
James Logan.
The Governr proposed to ye Board, That whereas, ye assembly had not made any manner of Provision for ye Support of ye Govmt, and there is a necessity that money be raised for Defraying its incident Charges, by all such just & reasonable wayes as ye Law will allow of, & ye Licensing of Publick Houses in all Govmts in Am'ca., being a perquisite belonging wholly to ye Governrs, of wch some Profit is usually made. It was, therefore, Proposed to ye Board to consider what might be reasonable to take for every such License.
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Upon wch It was Resolved, That for every wine License alone, should be paid to ye Governr five Pounds ; for every ale License, fifty shills; & for every well customed Ordinary, that keeps not stables & sells no wine, four pounds; wch several Rates ye secretary or Governrs Receiver, is ordered to demand & take for every such License respectively, that shall be issued this present year.
At a Council held at Philadia, the 15th, 7br., 1704.
PRESENT :
JNO. EVANS, Esqr., Lieut. Governr.
Willm. Penn, junr.
Jasper Yeats,
Edwd. Shippen,
Willm. Trent,
Jno. Guest, Geo. Roche,
Samll. ffinney,
Tho. Grey, Clerk.
A motion being made by Edwd. Shippen touching an Inquiry to be made into the accots of ye Pensilvania Land Compa. It is there- upon, ordered, that Benja. Chambers, Jos. Pigeon & ffrancis Rawle, have notice to attend this Board next third day, (tuesday,) at 10 of ye Clock, when this Board will take that affair into Consideration.
The attorney Genrll desired ye Directions of this Board, after what manner certain Negroes, now in Custody in Bucks County, should be tried, whether as the Law of Engld requires, or as a certain Law of this Govmt provides, to wch ye Govr answered, that a Com- mission was Issued for their tryal, pursuant to an act of this Go- vernmt by which Law alone, while in force, they ought to be tryed, & their Tryal is ordered accordingly. And further, that ye time for ye sitting of ye Provincial Court, now drawing very near, it would be necessary to appoint wch of ye Provincial Judges should goe ye Respective Circuits, there being business in several Counties that waited ye said Court.
The attorney further acquainted ye Board that Enoch Story stands Indicted at ye Mayors Court, for entertaining certain Servants of Willm. Bevans, in his house, wch said Enoch demanded of ye Court, an Evidence to be sworn, ye said Evidence being no Quaker, pur- suant to ye Queens order, wch was denyed by ye Court.
That there was also a - agst Mr. penn, a member of Coun- cil, & requested of this Board after what manner he was to behave himself in that affair.
A Petition of Enoch Story's was also read to ye same purpose, wth ye attorneys Information given to ye Board this day.
Judge Guest moved that certain Rules agreed upon by ye Justices of ye County Court, to be observed in ye proceedings of ye Court of Equity, settled by a Law of this Govmt, may be inforced by an order of this Board to take place in all Courts of this Govmt, which is also to be further considered off.
161
PROVINCIAL COUNCIL.
At a Council held at Philadia, 3d, 8br., 1704. PRESENT :
JNO. EVANS, Esqr., Lieut. Governr.
Edward Shippen,
Tho. Story,
John Guest,
Esq'rs. Griff. Owen,
Saml. Carpenter,
Samll. ffinney, William Clark, James Logan. 7 1 Esq'rs.
The Governr laid before ye Board, a Paper presented to him 7th day last, by the Mayor and Aldermen of Philadia, in ye following words :
To the Hon'ble John Evans, Esqr., Deputy Governr of ye Pro- vince of Pensilvania & Counties annexed ; ye remonstrance of ye Mayor & Commonalty of ye City of Philadia, on behalf of them- selves & ye rest of ye freemen of the said Citty, Sheweth :
1st. That we find many of ye good people of this Citty, much discouraged by ye Govrs giving out a Proclamation, exempting all that would list themselves in the Militia, from Watching in their turns, contrary to ye Warrt given forth by the Mayor, for ye safety of the place.
2dly. By ye Governrs not Licensing ye persons recommended in ye Mayors Court, for keeping houses of Entertainmt, until they had obtained a second Recommendation from the County Court, to ye Charge & Trouble of ye persons concerned, & as wee think a great Infringemt of ye power granted us by ye Charter, & rendring & our authority contemptible to ye Inhabitants.
3dly. By ye giving out a Proclamation, declaring a Verdict given in our Court agst a person for keeping a disorderly house, void, & Commanding ye officers not to execute any writt, pursuant to said Verdict; since wch we find our authority much trampled on, & many affronts given us, both in publick, & in private, all wch doe manifestly tend to our great Discouragement in ye Suppression of ye growing vice of this place, & is contrary to ye Encouragemt intended us by our Charter, wch ought according to ye letter of it, to be construed most favourable in our behalfs. These are our short hints, in order to an amicable discourse wth thee on these heads, wth what may further offer hoping & desireing that thereby a good understanding may be settled & continued between ye Governr & ye magistrates of this Citty for ye future.
Signed on behalf of ye Corporation,
per. ANTHONY MORRIS, Mayr.
Which being duly considered, It was Resolved, That an answer should be returned in the following words, viz :
The 1st article. Not only by ye Queens order, but also for ye just Discharge of my Duty, in providing for ye safety of ye People, committed to my charge, I find myself obliged to put this Province in ye best posture of Defence yt I am capable. In order to wch ye principal step is ye establishmt of a Militia. This I have endea- voured not without success, tho' ye publick has hitherto given no nncouragemt towds it. I therefore thought my power and ye issuing
7*
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MINUTES OF THE
that Proclamation, wth ye advice of ye Council, was ye readiest yt could be thought of. I have reason to doubt yt too many of those good people you mention, are such as oppose a Militia, not from any principle against it, but through an uneasiness to see any thing done under ye present administration, that may recommend us & the Proprietrs affairs to ye Crown. To serve in ye Militia is much more ye duty of ye subject than to watch, & nothing in my Judg- mnt can be more reasonable than that those who decline ye one, may engage in ye other, that a double Burthen may not lie on some, while others are exempted ; what I have done on yt head, was wth ye best advice, & I cannot see any reason to recede from it.
To ye 2d. I can boldly affirm yt till I saw your Remonstrance, I never once heard it suggested, that ye Justices of ye County ought not to have ye same power in ye Citty, concurrent with ye Citty Magistrates, If in ye Eye of ye Law it be otherwise, to that I must leave it to be determined, & shall be very well pleased to have it decided by proper Judges; as to ye Recommendations of persons to be Licensed, the County Justices were of opinion that they were unkindly dealt by, & therefore were willing to assert their Right, (as they took it to be) not with any design to clash, but to act in concurrence.
To ye 3d. Being commanded by ye express words of ye Queens Ordr, to take notice of what is there required & govern myself ac- cordingly upon application made to me in Council, I thought myself indispensibly obliged to observe it, not through any desire of thwart- ing ye Corporation, but to answer her Majesties Commands. I shall alwayes be pleased to see ye Corporation Supported in their just authority, & shall freely contribute my Endeavours towards suppress- ing all Disorders, & whatsoever may give Just offence to ye sober people of ye place, and I assure you no act of mine shall be designed to weaken your power in ye Just discharge of your Duty, nor this order of ye Queens to skreen any Enormities. I desire you to be strict & carefull in suppressing of Vice & Disorders, & you shall find a ready Concurrenee from me in so laudable an undertaking.
Which answer being read before ye Mayr, Recorder & aldermen, (appearing at ye Board according to appointmt,) a Copy of it was given ye Recorder, signed by ye Secretary.
The Recorder also acquainted ye Governr, that this being ye Day appointed for electing another Mayor, they had thought fitt to present Gr. Jones, to be qualified when ye Governr should appoint a time, & to morrow at three in ye afternoon was appointed.
Several Complaints having been publickly made of great Disor- ders, lately committed within ye Citty in ye night season, to ye great disturbance of ye sober Inhabitants, & ye encouragement of vice by evil examples, It is ordered, That a Proclamation be forthwith issued for ye Discouraging of Vice & suppressing of Disorders.
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PROVINCIAL COUNCIL.
At a Council held at Philadia, 4th, 8br., 1704.
PRESENT :
JOHN EVANS, Esqr., Lieut. Governr. Edward Shippen, John Guest, Willm. Clark,
Griff. Owen, James Logan.
Griffith Jones, Mayr Elect of ye Citty of Philadia, presented him- self to ye board, attended wth ye aldermen & Common Council, in order to qualify himself by taking ye several attestations appointed by Law, wch he took & Subscribed.
Ordered, that ye persons formerly concerned in behalf of ye . Society of Trade, be summoned to give attendance at this Board, sixth day next, at nine in ye morning.
Willm. Lee & Henry Badcoke, ye persons chosen last Election day ye 2d instant, by ye People for Coroners, being presented to ye Governr that he might choose one of them, & Commissionate him, it was found upon Inquiry, that Pentecost Teague was duly elected & Returned last year, & therefore in pursuance of ye Charter ought to serve three years, or upon default that ye vacancy ought to be fil'd by ye Governr, The Governr therefore appoints to serve for Coroner ye remainder of ye said three years, & 'tis ordd. that a Commisston be forthwith drawn.
At a Council held at Philadia, ye 6th, 8br., 1704. PRESENT :
JNO. EVANS, Esqr., Lieut. Governr.
Edwd. Shippen, Samll. ffinney
John Guest,
James Logan.
Willm. Clark,
Benjamin Chambers, in Compa. wth ffrancis Rawle, appearing in pursuance of ye order of last sitting, was examined concerning ye affairs of ye Society, & He was ordered to give an accot of ye whole transactions to Edwd. Shippen, to be by him transmitted to England.
A petition from James Le Tort, prisoner in ye Common Goal of Philadia, was read, setting forth that he had always been faithful & bore true allegiance to ye Crown of England, and was ready to give such further Security as should be thought reasonable, Yet was abridged of his Liberty and detained a prisoner, and praying for relief therein; Tis Ordered to be further Considered, & Then adjourned.
At a Council held at Philadia, ye 7th, 8br., 1704. PRESENT :
JOHN EVANS, Esqr., Lieut. Governor.
Edward Shippen, Jno. Guest, Willm. Clark,
Tho. Story,
Griff. Owen,
James Logan.
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The Assembly of the Province being Separated themselves at their last Session from ye Territories, & ye Circumstances of ye Ter- ritories, requiring that some further provision should be made for their Securities & Welfare, It is ordered, that writts be forthwith issued, for calling an assembly for ye said Territories, to elect on ye 25th Instant, & meet at Newcastle ye 14th of November next, & then adjourned.
At a Council held at Philadia, ye 16th, 8br., 1704.
PRESENT :
JOHN EVANS, Esqr., Lieut Governr.
Edwd. Shippen,
Samll. ffinney,
Tho. Story, Esq'rs. Willm. Trent,
Griff. Owen,
Richd. Hill.
Esq'rs.
The Governr acquainted ye Board, that on Saturday last being ye day the assembly were to meet, he was waited on by them, with their Speaker, David Lloyd, and at their request, ordered Copies of ye Sherifs Returns of ye Representatives for ye Respective Counties in this Province to be made, and Tho. Story & Richd. Hill were sent to ye House wth ye sd Copies, & were ordered to lett them know the Governr & Council were ready to Receive them.
The members of Council returned, but brought no direct answr from ye assembly, whether they would attend or not; adjourned till 3 in ye afternoon.
At a Council held at Philadia, 16th, 8br., 1704, P. M.
PRESENT :
Edward Shippen, Samll. Carpenter,
Caleb Pusey, William Trent,
Thomas Story,
Richd. Hill.
A message from ye assembly, Jos. Growdon, J. Wilcox & Charles Read, to acquaint ye Governr that ye House of Representatives had proceeded to Qualifie themselves, & desired to know what matters ye Governr had to propose unto them.
His Honour ordered ye messenger to Inform ye House he desired they would send him their qualifications, or a Copy of them.
The assembly sending no answer, Caleb Pusey & Willm. Trent, were sent to them upon ye same message, & returning, brought word yt ye Speaker informed them yt ye Copies of their Qualifications should be ready this night or to morrow morning, when two of their members shall wait upon his Honr wth them.
adjourned till nine to morrow morning.
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PROVINCIAL COUNCIL.
At a Council held at Philadia, 17th, 8br., 1704, 9 hora mane.
PRESENT :
JOHN EVANS, Esqr., Lieut. Govr.
Edward Shippen,
Jasper Yeats,
Samuel Carpenter,
Wm. Trent,
Thomas Story,
George Roch,
Griffith Owen,
Richd. Hill.
Caleb Pusey,
The Governr acquainted the Board that had received from the assembly the Copy of their Qualifications, and Laid the same before the Council, and proposed to them after what manner the assembly were to be qualified, which after some Debate it was Agreed Should be had from the Rolls office, with the Record of the Charter of Privileges was done, and the Clause relating to the members of Assembles Qualifications was Read, wherein it is provided, that they shall be Qualified pursuant to an Act of Assembly, made at New Castle, and that the assembly Should be Judges of the Qualificators and Elections of their own members, which method they were left to make use of according to Charter.
A Message from the Assembly, by Jos. Wood & R. Thomas, to know when his honour would be pleased, that the Assembly should have Leave to wait on him, to which his honour sent word that he Expected them within a Quarter of an hour.
The Assembly with their Speaker waited upon the Governor in Council, to whom his honour made following Speech, viz :
GENTLEMEN : I must take notice to you, (and I cannnot do it but with very great concern,) that notwithstanding my hearty desires and uttermost Efforts for the Publick Service, time has been hetherto wholly lost, and favourable Opportunities for providing for the Exi- gencies of the Government, and making Good and wholesome Laws, for the Security and Happiness of the people, and other matters of Importance, which I Recommendod to the last Assembly's Care & Consideration, have been altogether neglected. Gentlemen, as nothing hitherto has been done, the same things remain still to be recom- mended now to you as were before.
In the first Place, to Consider well that nothing can Import more to the Safety and Happines of a Governt, than well regulated Le- gislative powers, and a due administration of Justice, as fair an op- portunity of Effectually Establishing, which still offers to you as can be wished, and as I am duly invested with full powers, to Enact you whatever Laws shall be thought for your Good, So you shall always find in me a Ready Concurrence thereto. I Likewise laid before you Last Assembly, (as I now Recommend the same to you, Her Sacred Majesty, the Queen's Commands to this Province, relating to ye summ mentioned in the late Kings Letter, to help towards ye Defray- ing such Charges as the Government of N. Y. is necessarily obliged to bear for our common Interest & safety, with other her Majesties repeated Comands on that head, by several Letters Come to my hands, all which I shall be Ready to Lay before you in fitt Time.
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MINUTES OF THE
GENTLEMEN : Another matter I shall Earnestly Recommend to yours, (as I did to the former Assembly's,) Serious Consideration, which is the necessity of supporting and maintaining ye Dignity of Govert in all its Branches, a Duty Indispensably Incumbent on those who are to nearly Concerned in it, as you who are Intrusted by the People in so large a share of Legislation, and without which no wheel of Govert Can move, for Gentlemen, 'tis not only he that Govers Can answerably Live as becomes them, but no Exigence of State what Ever can be prevented or timely answer'd without it.
GENTLEMEN : There is another thing demands your Care and thoughts, which is yt all due regard and Caution be had to the In- dians, and in a particular manner to those who are suffered to goe among them, for some Late Circumstances give us occasion to Pro- vide, that those who are concerned with them, be persons hearty to the English Intrs and Government.
What Else there may be of moment, and necessary will naturally Call for your assistance. However, this is what at Present Occurs.
What ever it has been, that as hitherto rendered all our Late En- deavours for the Common Good, Abortive & Ineffectual, I shall not touch upon. I Doubt not Gentlemen, but you are truly sensible with that things of So great moment, as I have laid before you, & so Es- sential to the very Existence, as well as the well being of a Govt. Ought to Claim your Chief and first Thoughts, and that you are Come together with a full Resolution, forthwith to proceed to such Business without Delay. I promise You Gentlemen, I shall never recommend any thing to you, but what shall be suitable to my Ear- nest wishes, for the welfare and prosperity of the Government, and I heartly entreat, that nothing may appear but a publick and a Disin- terested spirit in every one, becoming the Character you bear : for my part, you shall ever find me devoted to the publick service, firm to my Duty and the trust reposed in me by the Queen and the Propry, and your hearty friend on all occasions.
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