USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 19
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And Edward Shippen, Richard Hill & James Logan were Order'd to Carry the said message in writing, and to read it in the House and Deliver it to the Speaker to Gether with the following, viz :
The Govr to the Assembly, the 10th of Novbre., 1704.
GENTLEMEN : I have been credibly Informed by Severall persons that there has been lately sent over to the Proprietary and Chief Govr in the name of the Assembly of this province a Letter of Remon- strance, Complaining (as tis said) of several Grievances, Both in property and In Governt, that required to be Redressed.
As the Proptr. has taken care that the should be fully Repre-
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sented in both these here upon the spot, So I cannot but with reason admire and tell you I am highly Concerned that Remonstrances of any kind should be made and sent home without first acquainting me, in affairs relating to the Governt, and those Gentlemen who are Concerned in affairs of Property having expressed the same in rela- tion to themselves, Joyn with me thus far Letting you know our thoughts.
It is without Question my undoubted right to be Informed of what as past of kind like this, and application in all affairs relateing to the Government Should be made to me, who am sufficiently In- vested with due power to Redress the Grievances thereof, and have the opportunity of Inquiring into the true state of affairs before they shall be heard of any farther, and reason it self will say, there is no Justice due to the proprietary Deputies the Commissioners.
I require not this Gentlemen of you, the present Assembly, as if I understood it to be your immediate act, but as you are the Repre- sentatives of the people, and successors to the former assembly, you have all things in your power that are or have been Transacted in that House, and therefore Lett you know that I think it my right to Be fully acquainted with that Letter, seeing it must needs have been the Result of some vote, and accordingly, I desire a true authentick Copy of it as soon as it can be drawn, may be Delivered to me, and I assure you whatever is Remonstrated in it that lies in my power to redress, I shall take proper measures in it to the best of my power, and the same I have reason to believe will be done by the Commissioners.
And the said members departing with the said message, the Coun- cil adjourned.
November the 11th, 1704. No Council.
The Govr having last night received a message from the assembly In writing, in the following words, Viz :
To John Evans, Esqr., Lieut. Govr of the Province of Pensil- vania, &c.
The Address of the ffreemen of the Province of Pensilvania in Assembly mett, ye 10 of 9br., 1704. Sheweth :
That whereas, a petition was Exhibited to this House, by John Budd, Junr., of Philadelphia, setting forth, how he & Benjamin Wright, were at the Last Election chosen to be presented for the Govr's Nomination of one of them, to be Qualified to Serve sherif for the City and County of Philadelphia, and accordingly presented themselves to the Govr, the third day after the said Election, Ac- cording to the Direction of the Charter of privileges ; But that the Govr answer'd, that it was his opinion it was not the peoples privi- lege so to elect, and until he was Otherwise persuaded, he would Continue the then Sherif, which is accordingly done to the Violation of the said Charter, as by the said petition, and another petition VOL. II .- 8
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from divers Inhabitants of the said City and County, as also by the report of the Committee of Grievances is made appear to this House.
Therefore, it is the Humble Request, of this House, that the said John Budd, (being the first of the two persons so Elected and pre- sented,) may be duly Qualified by the Govr, to officiate in his said place as Sherif, and that the Late Sherif, John ffinney, may be re- quired to forbear Exercising the said office, in Opposition to the Election of the people.
Signed by Orders.
DAVID LLOYD, Speaker.
To which the Govr sent the following answer.
GENTLEMEN :
In answer to your address Concerning the Sherif of Philadelphia, I assure you, that it is in no Respect owing to an inclination to vio- late the Charter, or break any Privileges of the People, (for I shall always be as tender of these as any man,) that I have not Commis- sioned another person upon the Last Election, but to my Opinion, which I think is well Grounded, that the peoples right to Choose by the Charter returns not till next year. I never was of opinion that the people have not the privilege of Electing, (and my words there are misrepresented) but that they cannot Elect every Year is plain, by the same Charter that gives them this privilege. What disputes may arise hereafter upon this head, I have been willing to Joyn with you to prevent in the Bill Last in debate, and the misunderstanding this present year Can be of no great Consequence, seeing the place is sufficiently supplied ; however, I shall take it further into Con- sideration.
I wait for the Copy of the Remonstrance which I yesterday de- sired, before I Leave the Town, on which I depend, as already Or- dered, or to be ordered before you rise. And for this time I dismiss you from this present day to the first Munday In May next, unless you receive notice from me to mett sooner.
Signed, JOHN EVANS.
A message from the Assembly, by two members, acquainted the Govr, that taking the Govrs Message concerning the Remonstrance into consideration ye House had ordered that it should be sent for back from New York.
A Council having been held for some days at Newcastle : see the perticular minutes them Selves.
At a Council held at Philad., the 8 Decembr, 1704.
PRESENT :
JOHN EVANS, Esqr., Lieut. Govr.
Edward Shippen, John Guest, Wm. Clark, Griffith Owen, Richd. Hill. -
Esq'rs.
Wm. Trent, Capt. Roche, Jos. Pidgeon, James Logan.
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A pacquet being arrived Last night from the proptr. by Capt. Robinson, there was sent Inclosed a Letter from the Lds. of Trade, &c. accompanying several of the Queens Proclamations, for Settleing and ascertaining the Curruent Rates of forieng Coins in her Majestys Colonies and Plantation in America, together with a Computation made by Mr. Newton, Master worker of the Mint, according to which all forieng Coins may pass in the said Plantations, In prorortion to the rates Limited by the said proclamation, which Letter required the proclamation to be published, and was read, and thereupon or- dered that the said proclamation should be published to morrow before noon, in Philadelphia, & that others of them should be sent to the Lower Counties.
A Letter (Sent by the same pacquet) from the Right Honble Se- cretary Hodges, was also read, accompanying and Injoyning the ob- servation of an additional Instruction from the Queen, (Signed by herself,) for opening a Trade with the Spands, in the West Indies, dated 4th May last ; also a Copy of the Earl of Nottinghams, late Secretarys Letters to the Govr of the plantation, for allowing the said Trade, all which were Read, and thereupon 'tis
Ordered that notice be given of the said additional instruction to all Privateers, Letters of Marque Men, and others whom the same may Concern, that shall at any time sail out of this Govrmt. And then adjourned to 2d Day next.
-
At a Council held at Philadelphia, Decemr the 11, 1704.
PRESENT :
JOHN EVANS, Esqr., Lieut. Govr.
Edward Shippen, John Guest, İ
Samuel Carpenter, Wm. Clark, Thomas Story, J ¿ Esq'rs.
Griffith Owen,
Caleb Pusey,
Richd. Hill,
James Logan.
A Petition from Thomas Revel, of Burlington, in the Province of New Jersey, Exr., in Trust, and Guardian for the Children of John Tatham, late of Burlington aforesaid, Esqr., and of Elizab. his wife, Deceased, was read, showing that the petitr. in behalf of the afore- said Children, having commenced an action against Jos. Growdon, of this Province, about the Title of a Certain Tract of Land in Bucks, possessed by the said Joseph, & had served him with a De- claration in Ejectmt, at ye Court of the said County, & waited for a Tryal for near 3 years, yet was putt of from Court to Court, and at Length positively denyed ; whereupon, he prays that some Effec- tual means may be ordered to bring the matter to a fair hearing and Tryal.
Ordered that John Moore, Attorney for the said Revel, and David Lloyd, Attorney for the said Growdon, be ordered to attend 3d Day next week, that the matter of the said petition may be further In- quired into.
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A petition from Enoch Story, of Philadia., was read, setting forth that in 7br, 1703, he had for 10 days Entertained the County Jus- tices at his house, in their County Court, at the request of Capt. Jno. ffinney, Sherif, who assumed to Discharge the Expences, there- fore notwithstanding, which tho' he had made frequent application, both to the said Justices and Sherif, he could never gett any Satis- faction, and therefore prayes that the premises may be examined, and the Petition Directed to whom he shall apply for his Just Debt.
Ordered, that this be more fully inquired into when Capt. Saml. ffinney comes to this Board.
A petition from Jos. Yard, of Philad, was read, Complaining that he was finned at the Last County Court, in forty shillings, for not taking an oath, notwithstanding he had declared he could not take one nor had Ever taken one in his Life, and therefore prayed Relief.
Which being largely Debated, and the Design and Intent of the Queens Orders Concerning Oaths and affirmations considered, 'Tis Ordered that the Records of the Court be Examined Concerning this fine, and the whole matter of affirmation and Oaths be further Con- sidered at the next sitting of this Board.
An address from the Mayor and Commonalty of the City of Philadia was presented by the Mayor, attended with the Records & Aldermen, Complaining that the County Justices interfered with the City Magistrates in their Jurisdiction & administration, and notwith- standing their former application to the Govr, in this behalf pro- ceeded & were Incouraged to take Indictmts, &c. Upon matters Cognizable by the said Magistrates, and had also fined one of their Corporation for not taking an oath, and therefore prayed the County Justices might be prohibited the Like for the future, and they there- upon Delivered to the Govr a Record of their Charter for his peru- sal, upon which the Govr promised to take it into Consideration, and they withdrew. Adjourned.
At a Council Held at Philadia, the 19th 11 mo., 1704.
PRESENT :
JOHN EVANS, Esqr. Lieut. Govr.
Edward Shippen,
Richd. Hill,
John Guest,
George Roche,
Thomas Story,
Esq'rs. Jos. Pidgeon,
Griffith Owen,
James Logan.
Wm. Trent,
Some of the Petitions presented Last sitting to this Board, were further Considered, and upon the petition of Tho. Revel, John Moore his attorney, and David Lloyd were sent for and questioned Con- cerning the proceedings in that affair. Jno. Moore, in behalf of the Petitr., informed the Board what Endeavours has been used to bring the matter in Difference to a Tryal, by a Declaration in Ejectmt ; and David Lloyd, in behalf of the Defft., argued that that method of Trial being fictitious, was Inconsistant with our laws, and offered other methods which being Considered, Tis ordered that before any
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PROVINCIAL COUNCIL.
resolution be Entered into, Joseph Growdon be sent for to ye Board and Discoursed. Adjourned.
At a Council Held at Philadia., the 23d, 11 mo. 1704.
PRESENT :
JOHN EVANS, Esqr. Lieut. Govr.
Edward Shippen,
Richd. Hill,
Thomas Story,
Esq'rs.
Jos. Pidgeon,
Griffith Owen,
James Logan.
Wm. Trent,
Nicholas Gateau exhibits again his former Complaint, that Sundry Goods were taken from him, some by Nich. Godin at Sasqueh : and other were now or lately in the possession of Wm. Slooby, and Request that Justice may be done him in that behalf.
Jos. Growdon being sent for, appeared at the Board, and Thomas Revels petition being read to him, he purge himself of being the Cause of the Delay, says he was once willing to Come to a Tryal by Ejectmt. but as since Considered it, & finds that method wholly Re- pugnant to the Law of this Province, but declares himself willing to come to a Trial by any Method agreeable to our Laws which he Conceives to be by a Declaration Ordered that the Law be Con- sidered.
John Andrews, under Sherif of Philadelphia, was Called Before the Board, and questioned Concerning the proprs. Levies, and what progress he had made In Collecting them. But giving no good ac- count he was sharply Checked, and Injoyned by this day week to render a better account or his principal, & himself must be other- wise proceeded with.
Ordered, that the fine laid by the Last County Court of Philadia, Upon Jos. Yard, of wh he Complained to this Board, by Petition, the 12th of Xbre last, be remitted, and that he be forthwith Reim- bursed of the same. Adjourned to 3d Day next.
At a Council held at Philad., the 6 febr., 1704.
PRESENT :
Tho Honble JOHN EVANS, Esqr., Lieut. Govr.
Edward Shippen, Wm. Trent,
Thos. Story,
Jos. Pidgeon, &
Griffith Owen, Esq'rs.
James Logan.
Caleb Pusey,
A Letter from Nehm. ffield, of the County of Sussex to the Govr, was read, Informing of one John Williams of ye said County, who was found to have Committed Self murder, By hanging himself in his own Loft, & thereupon Craving Direction what should be done with ye Estate, upon which a Debate arose, whether those of the Terrs. have a Right now to the privileges of the propts. Charter, by the 8th article, of which he was pleased to grant away all forfeitures
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of Estate upon Self murther, And being argued, It was Concluded in this point to be the safest method, and thereupon 'tis ordered, that the Coroner of the County shall take an Inventory of the whole Estate of the Defunct, both real and personal, and take the same into his possession, or good security for its value from such persons as now have it, & Claim any Right to it, till such time as ye above said Questions shall be Decided.
The address from the Mayor & Commonality of Philadelphia to the Govr, Complaining of his Commissions interfering with their Charter, and Craving a redress, was again read, and further Consi- dered and Debated.
At a Council Held at Philadelphia, 21st, 12 mo., 1704. PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Govr.
Edward Shippen,
Samuel Carpenter,
Wm. Trent,
Thomas Story, Esqrs. Richd. Hill,
Griffith Owen,
James Logan,
The Petition of Thomas Revel being further Considered, and the Law for Regulating of Courts Inquired into. 'Tis ordered, that both the Complainant and Defendant be summoned to appear before this Board next Council day, Viz : the 27th Instant, either by themselves or their attorneys, to be Confered wth about this matter.
Upon a petition from John Eastbourne, of the County of Bucks, complaining to this Board, that whereas he had obtained the Govrs writt of Error, to stop the levying of a Certaine Execution obtained against him upon a Scire facias, Issued by the Court of the said County, & had served the same. Yet the Sherif, by a Violation of his Duty and attestation, notwithstanding the said writt of Error was served, did by a Combination with the plaintiff in the writt of Scire facias, Levy the said Execution upon the Petitioners Horses, Cattle, winter provisions, &c., by which he has reduced to the great- est necessities, and thereupon Craves redress, and that ye Sherif may be obliged to answer his proceedings herein.
Tis ordered, that the Sherif of the said County, next Council day, (the 27th Instant,) answer to this Board for the Breach of his Duty, alleged against him In the said Petition, and that the Petitioner also attend to make good wch is alledged.
Wm. Slooby having Exhibited an acct of his Charges in appre- hending the french Cook, 'tis ordered, that he appear at this Board next Council day, to answer to the articles of it.
Upon an Information that Martin Chartier and two other ffrench- men, on Sasquehannagh, Intend shortly to depart this Govmt. Tis ordered, that the Sherif of Newcastle, being the neighest to their place of Abode take it into Charge, diligently to observe their mo- tions and Desingns, and in Case he can find any probable Grounds to believe they such a Desingn as aforesaid, that then he forthwith ap- prehend & secure the said Martin, and his accomplices, and then they adjourned.
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PROVINCIAL COUNCIL.
At a Council Held at Philadelphia 27th 12 mo., 1704.
PRESENT :
The Honrble JOHN EVANS, Esqr., Lieut. Govr.
Edward Shippen,
Richd. Hill,
Thomas Story,
Esq'rs.
Capt. Roche,
Griffith Owen,
James Logan.
Wm. Trent,
Ordered that the Complainant & Defft. in Thomas Revels Petition be summoned to appear next Council day, ye 6th of the next month, by their attorneys J. Moore & David Lloyd. Wm. Slooby's account being Examined, and himself required to answer to the several arti- cles thereof, 'tis ordered that the two articles of £15 & £8 for his own Trouble Be deducted, and fourteen Shillings per Diem for a man and a Horse be Reduced to 9 Shillings.
Wm. Biles, Junr., the present Sheriff of Bucks, appearing at the Board according to orders with the Complainant, Jno. Eastbourn, the Petition was read, & the Sheriff required to answer the Charges against him In slighting the Govrs writt. But the Sheriff making it appear that Security was not given for the said writt according to Law, and purging himself of what was Exhibited against him, he was discharged from any further attendance.
Samuel Preston having been appointed Collector of the Propts. Levies for the county of Sussex, by the said County, of which Levies he had Collected onley one moiety, & being now by his Residence in Philadelphia, rendered Incapable of going through with the whole, tis ordered that Luke Watson, the present Sheriff of Sussex, proceed forthwith to Collect the other moiety of the said Levies, & that Nehemiah ffield be assistant therein to him.
At a Council held at Philadia, 6, 1 mo, 1704.
PRESENT :
The Honble JOHN EVANS, Esqr. Lieut. Govr. Wm. Clark, Wm. Trent, "
Griffith Owens, Esq'rs. James Logan.
Richd. Hill,
Two Indians from the Shawannais, upon Delaware, being lately arrived In town, (as the Govr has been informed,) Upon a message from their King, were Called in to Give an account of their Business, which they declared to be that Considerable numbers of that & some other adjoining Nations, designed to come down hither to trade, they were sent to inquire whether they could be furnished with sufficient qtts. of goods & at what Rates.
To which they were answered, that the greatest part of our Last imported goods being sold off, we have no quantity of any sort left but Powder and Lead, but that in the fall we expected another sup- ply, and that at all times we Should be glad to trade wth them.
Cornelius Wiltbank, Brother in Law to Jno. Williams, who
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hanged himself at Lewis, having waited on the Govr & acquainted him that he desired & requested Lettrs of administration on the said Defuncts Estate, & the Govr acquainted him with the orders made Concerning that Estate, the Six of the Last month. The said Cornll. Wiltbank appeared at this Board and pleads that his Brother in Law was not Compos Mentis at the times of making himself away, and that it plainly appears to be so by the Inquest then past upon him.
But'tis Questioned by the Board whether that Inquest being made by a Justice of the County, and no Coroner, be valid, and hereupon 'tis left to the said Wiltbank and his Council to prove that the said .Inquest is valid in Law, and should it be so prov'd, that then he further make it appear that by the Tenor and words thereof, the De- funct was not Compos mentis in the Eye of the Law and his Estate not forfeited. Adjourned of Course.
At a Councill held at Philad., 13th 2d mo, 1704-5.
PRESENT :
The Honble JNO. EVANS, Esqr., Lieut. Govr.
Judge Guest,
Jos. Piegeon,
Capt. ffinney,
Esq'rs.
James Logan.
Richd. Hill,
The act for regulating of the Courts of Judicature, in this pro- vince, directing that there shall be a Court of Equity held in every County of this Government, Certain persons skilled in the Law hav- ing prepared Rules ffitt to be observed in the proceedings of these Courts, they were laid before the Govr and Council, to be Con- sidered & approved or amended, as there should be found Cause.
And being all perused and fully Considered, 'tis Ordered, that the said Rules, as they are now past and approved of at this Board shall be duly observed, and putt in practice in all the Courts of Equity in this Government, untill further Order shall be given therein. Adjourned of Course.
At a Councill Held at Philadia, 3d, 2 mo., 1705.
PRESENT :
JOHN EVANS, Esqr., Leiut Governor.
Edward Shippen,
Rich. Hill,
Wm. Clark, Esq'rs.
Capt. Roche,
Thomas Story,
James Logan.
Griffith Owen,
A Petition from John Henry Sproegel, and another Petition from his Brother Lodwick Christian Sproegle, were read, shewing That the said pettr. having been Invited by the propts. to Come into this province, have now resided therein for some years, behaving them- selves peaceably, & as the law requires, and are willing so to remain, Therefore pray, that they may for their Greater Encouragement be
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PROVINCIAL COUNCIL.
Naturalized, Ordered that they be naturalized according to ye act of assembly of this Governt. Ordered, That Thomas Revel and Jos. Growdon, or their attorneys, be summon'd to appear at this Board next Council day, upon the petition of the said Thos. Revel. Com- plaint being made to this Board by the Receiver generall, that the Collector appointed to levy the proportion of the £2000 granted to the propts., assessed and laid on the City of Philadelphia, had been so remissed, that he has not yett obliged those that are obstinate to Comply with the Law. Tis ordered, that the Sherif Philad., the said Collector in person, with sufficient assistance, doe on Some Certaine fix day before the next meeting of the Council, goe to the Houses of such persons as refused to pay, and there without fail make dis- tress in pursuance of the Law, & in Case of opposition, that he pro- secute the Guilty with the utmost rigour, and that he render an acct to this Board of his proceedings herein, next Council day with- out fail. Adjourned of Course.
At a Council Held at Philadelphia, 1, 3 mo., 1705.
PRESENT :
JNO. EVANS, Esqr., Lieut. Govr.
Edward Shippen,
Wm. Trent,
Griffith Owen, Esq'rs. Capt. Roche,
Richd. Hill, James Logan.
The Govr proposed to the Board, that whereas, the assembly of the Lower Counties meeting in November Last, was dissolved, with- out doing any thing, and Expected to be Called again in this present month at farthest, wch because of the late rumours is more yn ordi- narily necessary at this time, therefore, that writts should be forth- with Issued to the three Lower Counties, to Elect 6 members Each, (according to their own Late act,) on the 15th instant, to meet at Newcastle the 24th, and that writts be dispatched down into ye severall Counties, with all Expedition.
Ordered, That the Sherif of Philadelphia having failed to make report to this Board, upon the order of the 3d of Last month, doe appear at the next sitting, viz : the 8th Instant without fail, and render an account of the Execution of the said order.
At a Council Held at Philadelphia, 8th, 3 mo., 1705.
PRESENT : The Honble JOHN EVANS, Esqr., Lieut. Govr. Edward Shippen, Wm. Trent,
Griffith Owen,
George Roche,
Samll. ffinney, Esq'rs.
Richd. Hill,
Jos. Pidgeon, James Logan.
Yesterday being the time to which the Assembly was adjourned in 9br last, they mett, and this morning Severall Lettr. arriveing by Burman, in answer to those sent the beginning of Last winter, the 8*
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Govr Caused to be read to the Board a Letter from the Proptr. to himself, and Severall Paragraphs of the Propts. Letter also to the Secretary, relating to the past proceedings of the assembly, giving his approbation of the Govrs measures in refusing to Confirm the Bills proposed to him, (of which Copys were sent to England,) and directing him in all Cases to assert his just Right and to prosecute the turbulent, in which he also largely Complain'd of the treatmt he has met with.
A message from the Assembly (by 3 members) acquainted the Govr that the House was sitting and desired to know if he had any Commands for them.
The Govr answered that having but lately recd. his Letters, which would very much direct him in matters relating to the House, he was now Considering them, and to morrow at 4 in the afternoon should have an occasion to Speak to the whole House.
It was debated what measures should be taken upon the Letters of Remonstrance sent by Robert Barber, signed by David Lloyd in the name of the House, to the proptr. and it was resolved that all the proper methods should be taken to prove that fact, and the autheur prosecuted for the forgery.
Ordered also that Wm. Biles be prosecuted for his scandalous and seditious words against the Government.
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