USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 21
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Thou art pleased to signify that our Laws are at Length reported, wee now desire (as by our message sent thee on the ffifteenth Instant wee did request,) To know which of them are approved, and which of them are Rejected, That Wee may not spend or time here either to make Such Laws as we find will not be accepted, or to Enacte again what has been approved of at Home.
We are heartily sorry that ye Proprietr. should be obliged to spend so much time and money in attending the affairs of this Govermt. But hope it ought not to be wholly placed to our account.
Wee ffind that ye Last Assmbly were as we now are Ready & will- ing so farr as wee Can to Ease ye Proprietary of some part of the necessary Charge for transmitting such Laws as may be passed here and for presenting them to the Queen according as ye Proprietr. is obliged by his Patent.
We heartily agree with thee yt ye Obligation between ye Proprietr.
- and people are Equall, and we hope it will not be ye Power of any to dissolve those Ties wch we Look upon to be sacred, as well as Re- ciprocall, and we doubt not but upon an Impartiall, Vain and Conside- ration of what The People of this Province have been doing, are willing to do for Support of Governmt, will prove a sufficient Equiva- lency if not Surmount all that the Proprietary hath hitherto done for ye Province, Especially if he has not Procured ye Royall appro- bation to our Laws, or such of them as may be of Service to the People.
And for the better clearing of this Point, wee Crave Leave to In- form ye Govr. that ye first Settlement of this Province under the Proprietr. was Chiefly by a People of Good Estates and Creditt, who where real adventurers with him in that great and Commendable de- sign, and became purchasers of their Respective Shares of the Coun-
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trey for money, and wee find upon Communication had between him and them Concerning the Extraordinary Charge which he should be at in the administration of the Governmt. They agreed to pay him a Quit rent of twelve pence for Every hundred acres of their pur- chase Lands, Besides the Proprietor had so modelled the Governmt. to consist of himself or his Deputy and a Provincial Council, who by all the former Charters and Laws of this Province were obliged to attend and were to be paid so much p Day for their attendance in Council, Whose Sallarys have been, or ought to be paid by the Country, & not only so but we understand the Proprietr. Expects Thomas Lloyds Sallary for about nine years Service, as his Deputy or Lieutent., much be also paid by the Countrey, which wee Look upon very hard, Considering that the Propritrs stay then in England, as appeared by his own Letters, was for the Service of yt nation, and the Disservice of this Province, by the loss of many Thousand pounds to himself, and many hundred familys to this Province, and what adds to our Trouble is, that the Business about which the Pro- prietr. whent home in the year 1684, being the Decision of the Bonds or Division Lines between him and the Lord Baltimore is not yett Settled, which proves a very great Discouragement to this Province, as well as to the Lower Counties. May it Please the Governr., We do not mention these things nor Insist upon ye Charge that the People have been at or that the Rents or other Charges that ye are obliged to pay, Should Conclude the Proprietary or his Deputy to Expect no other supplys for support of Governmt., But to take of that Scanda- lous Charge of Ingratitude that is too Industriously Endeavoured to be cast upon us, & the good People we Represent.
Also the Bill of Property wee are humbly of Opinion if thou think fit to pass it, that ye Proprietary will be better Secured in some Branches of his Property than he now is, and since thou Concedes it is fitted for the Peoples Interest, wee cannot Conclude That it is farr wide of the Proprietrs. True Interest.
However if it wants any thing that may be for the security of his Right, wee shall be glad to Embrace such a proposal of amendment, which we Conceive must arise from that Board, and to the tedious- neess of the Bills that Various Occurrences and alterations of officers, Neglects of Surveyors and others Concerned in granting & managing the Proprietrs. Lands, as well as some defects in the Constitution of the Governmt. in so long a Tract of time, will apologize for the Length of The draught; Nevertheless we are both willing and Desi- rous that the same may be Contracted in what we propose, and aded to in what may be for the Proprietary's Service, So as the Peoples Right in all Respects be saved. In the meantime wee desire that That as well as such other Bills which are or shall be sent for thy Concur- rence, may receive thy Candid Construction, and not be Rejected without thy particular reasons and objections, which thou hast not afforded us upon this Bill, tho' it has been before thee about Eight months.
As to what has been heretfore given the Proprietr. Wee do not find that any member of this house Hath Contemptuously and obstinately
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opposed the Collecting of it, Though some have not thought fitt to pay it, Because they were putt off and Delayed in the Confirmation of their Lands which they look upon to be part of the Consideration for which that Tax was Granted, what other reasons may be offered for their refusall we referr to their answer, when they are by due Course of Law Called thereunto. We have taken into our Conside- ration and Resolved to raise Twelve hundred pounds besides an Im- post upon wines and Cyder, &c., for the support of Governmt. and for Defraying the Publick Charges thereof, and wee Intend to gett the Bill ready, which we hope will sufficiently prove we are in Earnest, and without any other Reserve but thy Concurrence to Redress ye aggrievances of the People, we Represent and Confirm them and us in all things which we shall think agreeable to The Proprietr's promises and Ingagemts. to us according to Equity and Justice, which we know cannot be without due Regard to the Pro- prietary's Just Interest.
Signed by Order of the House per David Lloyd.
The Sheriff of the County of Philadelphia being yesterday order'd to find some suitable person forthwith to collect the arrears of the Proprietrs. Tax of £2000 in the County of Philadelphia, he know presents Jon Joyce for that purpose, who is ordered forthwith to levy and collect the same.
Ord'd. as follows :
Whereas by an act made and past at Newcastle, In the Year 1700, and confirmed at Philadelphia in the following year, there was granted to ye Proprietr. of this province the sum of £2000 of which ye Town and County of Philadelphia was to pay £1023, which said sum of £1023 was in pursuance of the Directions for that Purpose in the said act at Large, expressed, assessed and rated upon the In- habitants of the said Town and County, and Collectors were accord- ingly appointed to gather and receive the same ; and whereas the said Collectors have been so remiss in the discharge of their Duty, that great parts of the Severall rates assessed upon the In- habitants of the said County is yett unpaid, for remedy whereof and to the End that the said rates be effectually levied, 'tis Or- dered in pursuance of the said Act in Case of Neglect in the Collec- tors, that Jno. Joyce of Philadia, Sadler, shall forthwith Levy and collect all the said arrears due upon the sd act from all and Every the Inhabitants in the said County, dwelling to the Northward of the City Philadelphia, either in money or good merchantable wheat, to be Carried into some of the nearest mills or to the Town of Phila- delphia, at the price Current, or in case of Refusall or neglect in any of the said Inhabitants to pay as required, that then by virtue of the said act he proceed without Delay to levy the same by Dis- tress, and make report from time to time to this Board of his pro- ceedings herein.
A message from the assembly requested the Governrs. answer to their Verball message deliver'd to himself yesterday, Desiring that upon the acct. of his Intended Journey to Newcastle, they might adjourn to the 11th of the next month, to which the Governr agreed, & the Council adjourned to Newcastle.
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See the Newcastle Minutes by themselves, But to be inserted here when Transcribed.
At a Council held at Philadia, 19th 4 mo, 1705. PRESENT :
The Honble. JOHN EVANS, Esqr., Lieut. Govr.
Edward Shippen,
Wm. Trent,
Griffith Owen,
Esq'rs.
George Roche,
Wm. Rodney,
James Logan, Secry.
Richd. Hill,
The assemblies address dated ye 21st of last month, deliv'd to the Governor, the 22d & read the 23d, was again read and Considered, and Ordered that upon the Debates and Conclusions now made, an answer be drawn up from the Governr. to the assembly, to be pre- sented to ye Board to morrow morning, to which time the Council adjourned.
At a Council held at Philadia, 20th 4 mo, 1705.
PRESENT :
The Honble. JOHN EVANS, Esqr., Lieut. Govr.
Edward Shippen, Griffith Owen,
Wm. Rodeny,
Samll. ffinney,
Jos. Pidgeon, &
James Logan, Secry.
Jasper Yeats. j
The answer ordered yesterday to be prepared against this sitting was read, & severall amendmts. being made, it was ordered in these words.
From the Governeur to the Assembly, June 20th 1705.
GENTLEMEN : Having considered your last address, I find many things alledged that in Justice to the Proprietr. & the publick would require the sharpest animadversions.
They seem to proceed from a spirit so intirely Disaffected to the Proprietr. and his just Interest, that to enter upon a full examination of them would necessarily draw to a very high Resentmt, wch I am by all means desirous to avoid, that business may not be retarded, I shall but just mention them to lett you see I am not insensible of their bitterness, & observe that your Diminishing the founder and father of ye Countrey Into an Agent for it, Your Charging him with £2000 for the Expence of that agency which is so well known to have been granted on another Bottom; Your laying the Burthen of Transmitting the Lawes home upon the Proprietr. as an obligation and offering to Ease him only some part of the necessary Charge as a favour, when the Laws being for ye Countreys Service, only the whole in Justice ought to Ley at their Door; Your lessening his Tedious and expensive Endeavours to serve and support this Coun-
Richd. Hill,
Caleb Pusey, 1 Esq'rs.
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PROVINCIAL COUNCIL.
trey by the most Unequal Comparison ; Your groundless and Inju- rious assertion of the first agreemt. to pay Quitt rents; Your now mentioning and Charging him with Thomas Lloyds Expences, and Taxing him for his stay in England to serve the public Interest of your own friends ; and Lastly ye Countenancing the refractory in their disobedience to a Law already past for granting the Proprietr. £2000 at the same time that Charge him with the Receipt of it, are Passages that amaze and would Exceed the Belief of any Reasonable man that as not seen them Come from you; they look to much like marks of an Inclination only to perplex and Divert Business : But being still of opinion that these measures are not the result of the Real sentiments of the good people of Pensilvania I shall take no fur- ther notice of them, but waving the whole shall proceed if you will leave any room for it to take all convenient measures for advancing the public good & providing for its safety, notwithstanding so unjust & undeserved a Treatment.
What you chieffly desire in the address relates to ye Laws sent home, and the Bill of Property ; of the first I have no account what are approved by the attorney Genll., or wht are otherwise, the Pro- prietry was in too much trouble upon what he mette with from hence, to be at that time particular, besides that the attorney's Re- port is no Determination.
For the Bill of Property, perceiving that ye Proprietr. Himself, while here, who was the principal party, and the Representatives who were the other, had after mature Consideration and Long De- bates, agreed and settled all things relating to the peoples rights and Estates, and fully Secured them in their Enjoyment of them, by an act or Law now in being, I could not acquit myself of presumption, if instead of applying myself to matters of Governmt, I should take upon me to add or alter what he had done in matters Relating solely to his own Estate, of which he alone (as they concerning himself ) is the proper Judge, Yet that I may not be wanting in any thing Con- sistent with the just Discharge of my Trust, that may Render the people more Easy, I shall Concurr with you in Strengthening & Con- firming what the Proprietr. assented to in that act. You at the same time shewing the same regard to his affairs. What other things are in the Bill, which affect not ye Proprietr. so immediately, I shall be willing to pass in a proper act by themselves, and if any thing more be wanting, that does Concern the Proprietrs. Estate, and his not fully Exprest in the act of Property already made, it may be past in another Act, with a proviso, that it shall not be in force, unless the Proprietr. himself shall assent to it. But upon a Just Inquiry, I doubt not but what is before proposed, will be found Sufficient to render all that are Concerned very Secure and Easy, if the Peacable Enjoyment of the Estates be the only thing desired.
As for the only reserve you make upon your resolution to provide for the Support of ye Publick, You shall always find me as ready as you possibly Can be, to Concur with you in all things that I shall think Consistent with my honour, and agreeable to a just Discharge of the Trust Reposed in me.
2 1 1 I f d h 0 of in as he is in-
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The following Message Being also Drawn up, was read, And ap- proved of, these words, Viz :
From the Governr. to the House of Representatives for the Pro- vince of Pensilvania, June 20th, 1705.
GENTLEMEN :
I must further acquaint you that Wm. Biles, a member of ye House, having used the most scandelous and Seditious Expressions against my self, importing a Designe to oppose the Queens, and the Proprietr. Authority Duly invested in me, and thereby Subverted the Peace and Quiet of the Governmt., for wch he has been Prose- cuted by due Course of Law, as by the Records of the County Courts of Philad. will appr. I expect you will forthwith purge Yourselves of the Contagion of the said pernicious member, and shew your just Resentments by Expelling him from the House, and that you will send me your Result upon it without Delay.
And Samll. ffinney, Caleb Pusey and Richd Hill were ordered to Carry the same and Deliver them both to the House in writing, at 3 of ye Clock in the afternoon, & then the Council adjourn'd.
At a Council held at Philadl., 23d of June, 1705.
PRESENT :
The Honble JNO. EVANS, Esqr., Lieut. Gover.
Edw. Shippen, Griffith Owen, .
Richd. Hill,
Caleb Pusey,
Esq'rs.
Jos. Pidgeon,
Wm. Rodeney,
James Logan.
Jasper Yeates,
The Govr. laid before the Board an address wch he had Recd. from the assembly, & was Read in these words.
To John Evans, Esq. Lieut. Governr. of the Province of Pen- silvania, &c.
The Humble address of the House of Representatives of the Said Province, in answer to the Governrs message on the 20th of this Instant, Relating to Wm. Biles, one of the members of this house. May it Please the Governour :
Upon Reading of this message, as well as by the Information Wee have had from ye Records and Proceedings of ye Countey Court of Philadelphia, Wee find that ye said Wm. Biles hath been Prosecuted at thy suit in that Court for Sheaping some scandalous Words against thee. But whether he spoke such words or no, We do not Conceive Comes properly under our Examination In Regard they are not al- ledged to be spoken in this house. But wherever such words were spoken, or whoever gives themselves the Latitude so to talk, Wee shall in no wise Justify, Nevertheless Wee begg leave to acquaint that ye manner of ye said proceedings against William Biles has been very offencive to this house, and that the sherif of ye said County of Philad., Who served him with a writt of summons in that action
Wm Trent,
George Roche,
John Blunston,
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PROVINCIAL COUNCIL.
the very day he was attending the service of this assembly, as Com- mitted a Breach of Privilege against this house, and that the Justices of the sd County Court of Philad., to witt : John Guest, Samuell ffinney, Josp. Pidgeon and Edward ffarmer, Who refused to allow him his Previledges, as he was a member of this assembly, which he pleaded only in abatement of the said writt, But they Ruled him to plead over and Refused him an Imparlance to the day they allowed all others that Craved the Like, Have also Committed a manifest Breach of Privilege against this house.
And wee further acquaint thee that it is against the Liberties and Privileges of this house, that any member Duly Elected to serve in Assembly be summon'd or Drawn to appear at any of the Courts of this Province Inferior to the said Assembly, before any Secular Judges or Justices upon any pleas of Complaints during the Session of assembly, Without leave be given by this house for so doing, Unless it be for Treason, ffelony or a breach of the Peace.
These and such like Liberties and Privileges Belongs to this house as proper Incidents to the Power of Legislation, granted to the ffreemen of this Province under the great seal of England, Without which the Rights of the subject and the Dignity of this house Cannot be upheld.
As we are tender of the Privileges of this House, so wee shall take all opportunitys to pay our Regards to thy honour and true Interest, and shew our Just Resentmts. of all Indignitys yt shall be offered thee in any thing that may properly Fall under our Con- currence.
But we do not find the Grounds of this Message (Especially Con- sidering ye methods that have been taken) to be sufficient to Induce us to Expell the said William Biles from this house; Nevertheless Wee are become suppliants on his behalf, that although he has been so unhappy to ffall under thy displeasure, Yet be pleased to give him an opportunity to wait upon thee, to Vindicate himself, so farr as he Can in the matter laid to his charge & wherein thou finds him faulty, Wee desire thou wilt accept of his submission, As we unanimously direct him to make for what he has done amiss, Hoping that that will answer then of thy suit, rather than the Damage thou may be like to recover against him.
DAVID LLOYD, Speaker.
Which address being read and the Rudeness as well as absurdity of its Contents Considered, It was the unanimous opinion of the Board that it would be to no purpose to spend any Longer time in Conferring with the present house, since there appeared no manner of Disposition in a majority of them to doe any Business, and there- fore it would be most advisable to End all further Debates by Dis- missing of them, and to wait till the Country might have an oppor- tunity of a new Choice, wch may be Reasonably hoped may more Effectually Consider the End for which an assembly is Chosen, and accordingly the Govr. sent to require the attendance of the Speaker with the whole house without Delay.
The members of Council sent on ye said message returning, Re- VOL. II .- 9 /
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ported that they had Deliv'd. their message according to Order, and that the Speaker told them In answer, that he would Lay it before the House.
The assembly according to Order Came, and the Speaker and whole House being admitted into ye Council Chamber, the Governeur spoke to them as follows, Viz :
GENTLEMEN : I Received Such an answer to my last message in which I demanded that you should Shew your Just Resentmts. upon the abuses I had reced. from one of yr members, that in the time I have had it by me, I can assure you I can scarce come to a Resolu- tion in my self what notion to entertain of it.
I told you that your Last address alledged many things wch I summ'd up to you, that would Require the sharpest animadversions and lead to very high Resentmts. but I was willing to wave them all through a desire to Carry on ye Business of the Publick, that this might by no means be retarded, what Ever Treatment I should mett with.
And what I proposed to you in my message relating to that mem- ber, I took to be one of the best opportunity's I could give you of proving yourselves well affected to the Present settled Governmt., and I did not Doubt but while you Desired that any should believe you Disposed to study peace and Live in Obedience to the Queens and Proprietr. authority, you would Readily lay hold on the occasion to Declare your abhorrence of Every thing that tended to so perni- cious a Consequence, and that you would instantly purge your Selves from a Contagion by driving him from among you.
But instead of this you Espouse his Cause and at the same time tell me what is Extreamly absurd; You say that as the words are not alledged to have been spoken in the house, you doe not Conceive they ffall under your examination, and Declare you will show your just Resentmts. of all Indignities that shall be offered me in any thing that may properly fall under your Conusance, wch Implies upon your passing by this that nothing spoke out of the house falls under your notice.
And again you acquaint me that it is against the Liberties and Privileges of the house that any member duly elected be drawn to appear at any Inferior Court of the Province, if therefore he must neighther answer in assembly nor out of it, a member once Chosen as Liberty to doe and speak what he pleases out of the house and is not accountable for it, he is Lawless and without Bounds, and may sett up his own will and pleasure for the only rule of his Conduct, no abuses, no menaces agst. the Governmt. are even sufficient to have a member expelled, for you Expressly tell me that you doe not find the Grounds of this message, wch is that a members threatening to kick out a Govr. duly invested with all legal authority derived from the Crown to be sufficient to induce you to Expell him the house.
I can scarce perswade my self, Gentlemen, but that those who lead you on to those absurdities, have really plotted to Expose you as a people, to the Contempt and redicule of all that shall know you,
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or hear of your Proceedings, for can your Enemies wish that you would betray Yourselves to a greater degree, than that while you Declare Even self defence to be agst. your Christian Principles, yet a noted member shall avow his Intention to Oppose, Subvert, and drive out a regular authority, and the Representatives of ye People stand by and support him in it, & this under pretence of Priviledges, that you can with no more Justice Claim than you Can act, what that member threatned, for in first Place, in England there are no such Priviledges known as you pretend to; & 2dly, if there were yet none in Amia. has such an inherent Right to them.
But this I shall leave, and now must acquaint you, that as the latter end of the Second annual assembly, Since my arrival, draws nigh, and yett not one act is past, or any thing done for the support of the Publick, and you desiring, because of the season to be ad- journ'd, Considering how our time, Especially this last year, as been spent in Scarce any thing But messages and answers, as if your whole Business lay in Shewing your skill to draw them ; I have very Little of seeing any thing done for the Publick Good while ye Present temper holds ; and therefore, in Expectation that the next time I meet the Country, I shall find the Repsentatives better disposed, unless they are resolved to draw on their heads that Change, wch Some, under much different pretences, and wth another so Eagerly Contend for and Endeavour, and knowing it Inconsistent with my Honour to advise with a person, or his abettors, who have offered me such In- dignities, I shall for this time dismiss you till you hear further from me, & you are hereby Dismissed accordingly.
[This Speech is taken from a draught writt before the Govr held it, wch tho' he did not in ye same express words yett he spoke the substance of the whole.]
A Return of a Survey of a Road Laid out from Wm. Powels ferry on Skuylkill, to ye principal part of ye Goshen, by virtue of an Order of Councill of This province, dated ye 16 of 9br., 1703, Signed by all the 6 persons Impowered to Lay out the same, was presented to the Board, with a Request that the said return may be Confirmed, and an order issued to Cutt & Clear it for service, wch was Granted and an Order issued as follows, Viz :
Whereas, at a Council held at Philadelphia, the 16th of 9br., 1703, upon a Petit. from Humphrey Ellis, Danl. Lewis, and 58 other sub- scribers, for a Road to be Laid out from the Township of Goshen to Philadia., that Samll. Richardson, David Lloyd, Rowland Ellis, Wm. Howels, Wm. Jenkins and Richd. Thomas, Inhabitants of the County of Philadelphia, should lay out and Cause to be surveycd, one direct Road fifty foot in Breadth, as Convenient in all respects as might be, Leading from Wm. Powels ferry, on Skuylkill, to the principal part of the Township of Goshen, passing by Haverford meeting house, and be thence Continued in a direct Course to the upper settlement, on Brandywine, and should return the same to ye Council Board, with all its Courses, in Order to a Confirmation. In pursuance of which Order the said persons Cause to be surveyed a Road as thereby directed, and have returned it under their own hands
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