USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 22
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and seals to the Board, with all its Courses, which being approved of, 'tis forthwith ordered, That the said Road, as laid out in pur- suance of the said Order, be forthwith Cutt & Cleared, and that the same shall be a free and lawfull Road or highway, and used as such for the future by all the Queens subject, as they shall have Occa- sion, without any Lett or molestation from any person whatsoever.
Kneeghnyaskoate, Brother to Indian Harry of Conestogoe, being bound from this Province Last spring to the Countrey of the Ononda- goes, to visit several of his Relations there, was desired by the Gov- ernr. to Carry a small Parcell of wampum for his Credential, and in his name to Inquire particularly into the grounds of the Report that have been current in those parts, that those of the five nations were offend'd with the Indians inhabiting on Delaware, Skuylkill & Sasquehannah, & designed to Come down in a hostile manner, And the said Indian Returning hither a few days agoe with a present, as he said, sent from the Chief of the Onondages, the Govr. Ordered him to give an Account of what he knew to the Board.
And accordingly he presented to the Govr. a parcell of Skins and furrs in the name of the Chiefs of ye Onondagoes as a Token of the ffriendship between them & us, & assured Us they had no hostile Designs against us or any of our Indians, but were at peace with all the English and the Indians, Residing amongst them, but that they were apprehensive from some things that had passed between them and the french Concerning some of their Youths, that ye french De- coy'd from them they should have a Rupture & Shortly come to warr with them.
And the Govr. Receiving the Present, which according to the pre- sent valueation amounts to £7 13 3, and Thanking the said Indian for his Service, Returned him in Sundries Goods to ye value of £10 14 10 to be Carry'd back to ye same Chiefs that sent the other. And adjourned ye Council to Sine die.
At a Council Held at Philadelphia, ye 23d 6 mo., (Augst.) 1705.
PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Gover.
Edward Shippen,
Wm. Trent,
John Guest,
Richd. Hill,
Samuell Carpenter,
Esq'rs. George Roche,
Thomas Story,
Josephe Pidgeon,
Griffith Owen,
Caleb Pusey.
James Logan, Secry.
An Instrumt. or writting Called an act for the Better Ordering and Establishmt. of ye night watches within ye City of Philadia. & pre- cincts thereof, being yesterday openly published in the market place by the Mayor, Aldermen & Common Council of Philadia. was read & recommended to the Consideration of the Board by the Governr, as well upon Accot. of the whole frame of the act as upon its Clash- ing with the Governrs. Proclamation, dated ye 18th of July, 1704,
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for the Encouraging of the Militia & Exempting those that inlist in it from the service of the wards, and some time being spent in de- bateing it, It was Resolved that the mayor & Recorder should be sent for to Explaine what is intended by the said Ordinance as far as it Inteferes with the said proclamation, and that they attend this Board to morrow, between 10 & 11 in the morning, to which time they adjourn'd.
At a Council held at Philadelphia, ye 24th of August, 1705. PRESENT :
The Lieut. Governr. & Same members as yesterday. The Mayor & Recorder of the City appearing according to orders, the Governr., speaking to them said, That two dayes agoe, he perceived ye Corpo- ration had published an ordinance for ye Establishmt. of Night watches, in wch all persons without Exception were required to watch, wch directly interferes wth and opposes his Proclamation for ex- empting the militia from those services. That the mayor had severall times, as well as the Recorder, declared their satisfaction & acquie- sied in ye Govr. said Proclamation, wch now rendered it the more sur- prizing that they should now attempt the Publication of such an Or- dinance, that he had sent for them to Explain their meaning and Intention in it. The Mayor assured the Govr. that as they had hitherto shewn all due respect to the Govrs. Proclamat. and never once attempted to Interfere with it, so now their Intentions were still the same, and they had no design of Clashing upon any Accot. That as they never had Inclosed any of the militia for not watching, so they should Continue ye same regard, but that they thought they Could not Conveniently insert in their ordinance any Exception of the militia, but as there was room left in ye act for all reasonable excuses, so that of the Governr. Proclamation might be allowed as such, Which apology ye Govr. accepted of & they departed. It was ordered nevertheless, that another Proclamation should be forthwith Issued to Confirm the former, which was done Accordingly.
Adjourned sine die.
At a Council held at Philadelphia, 8bre. 4, 8th, 1705.
PRESENT :
The honble JOHN EVANS, Esqr., Lieut. Govr.
Edward Shippen,
George Roch,
Thomas Story,
Josp. Pidgeon,
Richard Hill,
Esqrs.
Thomas Grey, Clerk.
Wm Trent, i
Mr. Peter Evans, pursuant to the Last minute of Council, ap- peared with a Petition, Complaining of an undue Election of Benja- min Wright, for Sheriffe of Philadia., which he presented to this Board, together with severall papers Subscribed by Sundry inhabi-
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tants of the County and City of Philadia., in favour of his the said Peter Evans Election, all which were Read at the Table. Also, severall persons were Examined Viva Voce, as well in behalf of ye said Benjamin Wright as of the said Peter Evans, the said Benjamin being present, and at ye same time giving into the Board, likewise severall papers subscribed by Severall persons, in favour of his ye said Benjamins due Eelection, after all which papers had been Ready and persons Examined, all were ordered to withward, which done, the Board took into Consideration the subject matter of Mr. Evans Complaint, and having duely weighed what had been alleadged on Either side, gave their opinion in favour of Mr. Wright, who was called in wth Mr. Evans, to whom The Govr. Declared it was both his own and the Councils Judgment, that Benjamin Wright was one of the persons fairley Elected by the People. Adjourned. Two hours after ye adjournment that same night, the Governr. sent for Mr. Wright and John Budd, and told Mr. Wright that he Constituted and appoint'd him Sheriff of Philadia., and that the Commission was ready.
At a Council held at Philadia., the 15th October, 1705.
PRESENT :
The Honble the Lieutent. Govr.
Thomas Story,
George Roche,
Samuell ffinney, Esq'rs. Joseph Pidgeon,
Wm. Trent,
T. Grey, Clark.
The Council agreed to severall heads upon wch the Govr. was to speak to the assembly, and adjourned till nine next morning.
A message from the assembly, that the House was full and had Choose a Speaker, desired to know his Commands, and when the House should wait upon him, and the Sheriffs Return of Repres. for the Severall Counties In this Province, wch was Deliver'd to them.
At a Council held at Philadia., the 16th of 8bre., 1705.
PRESENT :
The Lieut. Govr.
John Blunstone,
? Esq'rs.
Wm. Trent,
Griffith Owen,
Joseph Pidgeon,
Tho. Story,
T. Grey, Clark.
A message from the House, by Isaac Taylor and John Swift, deli- vering the Returns, and Desireing to know his honours Pleasure when the assembly should wait on him, who told them they should be acquainted with it in less than an hour, And accordingly, Dr. Owen and Mr. Pidgeon were ordered to acquaint the house the Govr. Expected them.
Mr. Growdon, (the Speaker,) wth ye house, attended the Govr. in Council, and ye Speaker, as acquainted his honour with the Choise
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the house had made of him for that place, notwithstanding persons more Capable as he thought then himself might have been thought upon, that he was conscious of his own want and judgment & Ex- perience to discharge the same, hoping his honour would Direct the House to make Choise of some other, whose Experience might render him more fitt for that Post, to which ye Governour Replied To this Effect, Viz : That the Choice the House had made of Mr. Growdon was very acceptable to him, and that the Excuses he had made of his own Incapacities Could not perswade him to be of that opinion, but that he was very well assured of the Contrary, Then the Speaker desired free access at all times for the Service of the House to the Governrs. presence, & a favourable Interpretation of his accons. which Ended, the Governr. made the following speech, Viz :
GENTLEMEN : Two Annual Assemblies have Sett and been fully ended Since I arrived in this Province invested with all Due Powers for the happy Govermt. of ye People, and yet we have not had ye satisfaction to see one act brought to Effect for the Publick Good and safety.
I shall forbear at this time to make any narrow Inquiries into the unhappy causes of our failing of so good an End, but assure you this that nothing would have yielded me a greater satisfaction than to have seen ye Business of the Publick successfully Carried on, and that as I have been so I shall alwayes be ready to agree to any rea- sonable Bill the People can desire that are consistent with my honour & trust, more then which will not be Expected from men of Reason and Judgment.
That time has been mispent even when their seemed a more then ordinary necessity of Makeing the best use & advantage of it, is very Evident to the People of this Province in Generall, who I doubt not have made choice of Such as will by a more Earnest and hearty application for the future to the Business that necessarily fall under their Care and Consideration, unanimously Endeavour to re- trieve as much as possibly the honour and Credit of the Province, and Consider the happiness they Enjoy in an opportunity still afforded to them to make themselves as Easy and secure as good and whole- some Laws can doe.
I hope you are now mett with a full Resolution to make use of this Opportunity by taking the most Effectual measures to Provide ffor ye honour & safety of ye Province, & shew yourselves subjects and Truly Deserving the ffavours of our most Gracious & Glorious sovereign, her Present Maj'ty., & pay grateful acknowledgements to ye Propty. for his continued Care over you, & consider your own happiness not only for ye present but for ye future ye far as you are Capable.
I Conceive the best method for this to be to take care yt ye dignity of Govermt. in all its branches be supported proportionably as in the Kingdom under her majties. more Immediate View, as we have ye great happiness to be part of her Majestys Dominions, that we may be made as usefull as can possible be Consistent with ye Circum- stances of the place to that Kingdome, That Justice be duly admins-
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tered & that all her Majestys subjects be made Easey & happy under her auspicious Reign. That at ye same time you may Remember the Proprts. is Invested wth all ye Powers of Govermt. under the Queen, that through him they pass from the Crown, Therefore a high regard must be had to his honour and his Just Interest. By this means you may longer enjoy ye Same Present administration, & by your prudent measures and Regular Settlement, Reflect an honour upon her Majtes. Government. It is a thing now so gener- ally understood that it may be needless to tell you that Government being for the sake of the people, tis ye peoples business so farr as in ym. lies to support it, what is allready said on yt head will be suffi- cient to Lead you to a full Consideration of what may be found in Justice due ; Containing this Perticular, I think my self obliged to Remark to you that as Governmt. must be kept up in a Constant ad- ministration, so necessary supplies for the support of it should be as Constant and fixt. Rule always a settled Revenue proportionable to ye known Comon & Continual. It has been ye Concern of many to know whats become of the Laws already past here, and I am now able to tell you that at lenghth the Queens attorney Genr. has made his Report of them to the Lords of Trade & plantations, in which he has objected against above 30 of them, & rendered his Reasons of his objections. This Report I shall lay before you being sent over by the propr. That before her Majesty send her Repeal you may have an opportunity of Enacting such of them again as Can be Clear'd of those objections will requir you Immediate Care and application.
You will soon Perceive gentlemen, from what has been mentioned yt ye business before you is of the greast Importance, you have the Government to Provide for, These Laws to Reenact, a Divers others will doubtless occur to be added, a Due provision for the security of the Place as farr as may be, in those dangerous times of warr, Espe- cially with Regard to the Indians who are to be secured in our In- terest, the Regulation of Courts of Judicature, and Encouragemt. of Trade & Returns to England upon a Late act of Parliament in fa- vour of ye Plantation.
The ffull settlemt. of the Property, & your own just Rights & In- terest, the reforming divers abuses among sailors and others, that have crept into since ye Last Laws that have been past. The Sup- pression of Vice will require your Earnest care, more one of which are matters of concern upon all wch it may seem needless to Recom- mend to your Unanimity & Dispatch, the only means to bring all happily to Effect.
And in ye meantime direct you to applye heartily, and with a sincere Zeal for the Common good of whats laid before you.
Of wch speech the Speaker desired a Copy, which was given him, the House withdrew, & Mr. Story & Mr. Trent were sent to the assembly to acquaint them yt ye assembly of ye Lower Counties, sit- ting now by Charter at Newcastle, Layd him under a necessity of being with them for some few dayes, and that if there was any ne-
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cessary to be done at present, they would Lett him know it this afternoon or to morrow morning.
The messengers returned & acquainted the Govr. that they were informed by the Speaker, the House had Just sent a message by Caleb Pusey & Tobias Dymock to his honr., upon ye same matters Deliver'd them in Charge, and ye Houses messengers being Called in, Informed this Board that the House desired a sight of ye attorney Gonerall Report of the Laws, and how long he thought he should stay at New Castell, wch Report was sent to ye House and their messengers desired to acquaint them that ye Governeur Intended to sett out of Town to morrow or Thursday morning at farthest & would Returne on the 22d Instant.
Adjourned till Wensday, ye 17th Instant, 9 a Clock in ye morn- ing.
At a Council held at Philadia, 23d of 8bre., 1705.
PRESENT :
The Honble. the Lient. Govr.
Thomas Story,
Jos. Pidgeon,
Wm. Trent, Esq'rs.
James Logan, Secrt.
George Roch,
The Secr. was sent in a message to the assembly, to acquaint them that the Govr. now being returned, was ready wth ye Council, to re- ceive what matters they had to lay before him.
A message from the House by two members (Robt. Pyle & Wm. Paxon,) was sent to request the Govr. to Inform them whether the Proprt. had taken any notice of the address sent from the assembly, in May 1704, to ye Queen upon the subject of oaths, & what answer ye Govr. had Recd. relating to it.
To wch the Govr. answered, the Propt. had Recd. & taken notice of it, but that the address was attend'd with some Circumstance that renderd it Impracticable to the Propry. to press that matter with the ministry.
A petition from John Eastborne to the Govr. was read, Com- plaining of ye Sherif of Bucks for not performing his duty in Exe- cuting a writt of Restitution issued from ye Provincial Court in Bucks, upon their reserving a Judgemt. of ye Court of that County, whereupon he prayes Relief.
Ordered that the said Eastbornes Council attend next Council day.
At a Council held at Philadia., 13th of 9bre., 1705.
PRESENT :
ye Honble. JOHN EVANS, Esqr., Lieut. Govr.
Judge Guest, Griffith Owen, Jasper Yeates, Wm. Trent,
Esq'rs.
Geo. Roche,
Jos. Pidgeon,
James Logan.
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The Govr. laid Before the board 11 Bills wch had recd. of ye as- sembly last week, follows :
1. The Law concerning Liberty of Conscience, &c., wch Bill was read, & being Compared with ye former Law, & the attorney Genr. objections in his Report to ye Lords of Trade. It is approved, only that Clause in ye former Law that Injoynes the observation of ye Sabbath, being Left out, Tis proposed that the said Clause be added or that there be a Separate Law for it.
2. An Act against Ryots, Riotous sports, Plays & Games, In wch is observed, that instead of Obviating the attorneys Objection, this Bill incurs it further than the former. Tis proposed that all Games that tend to Riots should be forbid, and all manner of Gaming in Publick Houses, upon a severer penalty than in the Bill. his Expressed, ye Last Clause is approv'd.
3. Against Rape & Ravishmt. approved, But upon the Last Sentence, tis proposed that Provision be made by some other act for Houses of Corrections, otherwise these Clauses will be void.
4th. An Act against Bigamy approved.
5th. An Act against Burglary. Approved, only add in ye Last line but two, & make satisfaction as aforesaid.
6th. An Act against Burning of Houses, &c. Approved.
7th. An Act against murder & manslaughter; That part of it against murther approved, but ye other against manslaughter, & Chance medley, to be Left to the Laws of England, for the Penalty here is ill proportion'd. A Ruffian may be guilty of manslaughter, & suffer no other punishmt. than one years Imprisonmt., and a rich man may be forced se defendo to be ye Death of one that attacks him, & thereby his family be ruined. That for Chance medley is also much too severe.
8th. An Act for County Seals, &c., Leaveing out ye word imi- tate, answers the attorneys Objections, & putting in with Intent to Defraud, leaves too great room.
9th. An Act limiting ye Presentmt. of ye grand Jury is approved. 10th. An Act for Determining Debts under 40 Shillings is ap- proved.
11th. An Act against Riots & Rioters, approved.
Ordered, That these amendmts. be drawn out, & sent to the House by Judge Guest & Jos. Pidgeon, in ye afternoon, & that they be de- sired to send what other Bills they have Ready.
At a Council held at Philadia, ye 20, 9bre. 1705.
PRESENT :
Ye Honble JOHN EVANS, Esqr., Lieut. Govr.
Thomas Story, George Roche,
Griffith Owen, Esq'rs. Joseph Pidgeon,
Wm. Trent, James Logan.
The Govr. Laid before ye Board a written message he had rec'd. from the Assembly, containing their answers to ye amendmts. to ye Bills sent by Ordr. of ye last Session of this Board, to all wch
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amendmts. the house agree, saving those to the Bill against Riots & Riotous sports & Games, wch they request the Governr. may pass without any amendmt., the house not being able to agree to any alteration to the same.
Then severall other acts sent up by ye house were Laid before the Board, as follows, Viz :
An Act against adultery & fornication was Read & agreed to.
An Act against Robbing & stealing was Read & agreed to.
An Act against Incest was Read. Order'd, that it should be pro- posed to ye assembly, either to enlarge the Tables of Consanguinity, &c., or to make some other provision against marrying with first Cousins, and the sister or brother of former wife or Husband, not as a point of Religion, but to have as near a Conformity as may be to the Law of England.
An Act against Drunkenness was read and agreed to.
An Act about Departers out of the Province was read, & 'tis or- der'd yt ye following amendmt. be made, viz : After Court house Door, add, or most Publick place instead of County Seal, read lesser Seal of the Province.
An Act for ye Trial of Negroes was read, & ye following amendmt. were made. Instead of whereof in the 3d line, read thereof, Instead of ye sitting of such Courts, read holding of such Courts. The Pu- nishmt. of Rape or attempt of Rape to Be death Instead of Impri- sonment, this being a punishmt. principally on the Master, & yt pro- vision be made by the publick for a Compensation to ye master for ye loss of his negroe.
In the Clause of Negroes Stealing & provision against it, Read, The master or Owner of such Negro shall make Satisfaction to the party from whom such goods shall be stolen, provided the value of such goods exceed not ye sum of five pounds, & in case such goods shall exceed ye said sum in Value, then ye negro or negroes Convicted of Stealing the same shall be punished by Death, & the master shall have satisfaction for the Loss of his Negroe made him by ye Publick.
In the Clause for preventing Negroes meeting on ye first dayes of the week, Instead of four, Read three, and add, except they all belong to one Master.
An act for Bailing of Prisoners, and about Imprisonmt., was read & agreed to.
An Act about arrest & making debtors pay be servitude, was read & agreed to.
An Act for taking lands in Execution for Paymt. of Debts, was read & agreed to.
An Act for the Relief of the Poor, was read and agreed to.
The Law about seven years quiet possession was read, & ordered to lie on ye Board, to be further Considered at ye same time with the Bill of Property.
Order'd, that these amendmt. be sent to ye house. The Secry. desired Leave to bring in a bill for the more Easy & Effectuall Col- lecting of ye Propr. Quittrts., and accordingly he was ordered to pre-
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pare the same. He is also ordered to prepare a bill for maintaining a better Correspondence with the Indians upon these heads; That the Indians should have ye advantage of all our Laws, with a further penalty of five pounds on those that should abuse them, and that none shall trade with ye Indians with Licence ; also, to prepare an act against Importation of Indian Slaves.
And then adjourned.
At a Council held at Philadia, Novbre. the 27, 1705.
PRESENT :
The Honble Lieut. Govr.
Thomas Story, Esq'rs.
Joseph Pidgeon,
Griffith Owen,
James Logan.
The Govr. acquainted ye Board, that he had recd. severall Bills from the Assembly, wch are as follows, & were read and Considered in order, viz :
An Act to prevent swine running at Large, was read & agreed to. An Act for killing of Wolves, was read and agreed to.
An act for mariners not be trusted, was read, & Ordered that ye following Amendmts. should be made to it, viz : " Upon the penalty of Losing what they shall so trust, and of ye sum of five pounds over and above ye same, one moiety to the master or mercht. injured who shall sue for ye same, and the other to the Govr. for the time being, & shall further forfeit their License.
The Secry. also presented to the Board three bills, prepared by him by ordr. of the 20th Instant, whose Titles are as follows :
An Act for ye Improveing a good Correspondence with the In- dians.
An Act for collecting ye arrears of ye Two Thousd. pounds granted ye proprir.
An Act for the more easy and Effectual Collecting ye Proprir. Quittrents, all wch were read and approved of, & ordered to be In- grossed.
Ordered, that the said three last mentioned Bills, together with the other three next preceding, be sent to the House, and that Gr. Owen and the Secry. Carry the same. And then adjourned.
At a Council held at Philadia, ye 1 of Xbre., 1705.
PRESENT.
The Honoble JO. EVANS, Esqr. Lieut. Govr.
Jno. Guest, Joseph Pidgeon,
Thomas Story, & Griffeth Owen, James Logan.
The Govr. laid before ye Board Several Bills sent up by the As- sembly, viz :
An act to restrain people from Labour on the first day of the week, wch was read, debated, and after some time spent thereon, was
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committed to Tho. Story & James Logan, to draw up the amendmt., that they should find proper to make to ye same, & report them to the Board.
An act for the better confirmation of the owners of Lands, & In- habitants of this Province in their just rights and possessions, was read, and ordered to lie upon the Table.
An act for confirming ye sale of Lands made by attornies or agents, and for ascertaining the proof of Instrumts. made out of this Province, was read, and these amendmt. made to ye Same, Viz : In line 16th, read two or more witnesses ; in line 17th, leave out Notary publick, & in line 25 & 26th, leave out solemn affirmation of. And then adjourned.
At a Council held at Philadia. the 4th Xbre, 1705.
PRESENT :
The Honble. Lieut. Govr.
Griffith Owen, Esq'rs.
George Roche,
Thomas Story,
James Logan.
The Bill intituled an Act for the Better Improving a good Corres- pondence with the Indians, Sent by this Board to the House of Representatives being Returned by them with some amendmts., was read, and the amendmts. agreed to, except the Limitation of the sum allowed for the Charges of treaties to fifty pounds per anm., and the Secry. is order'd to draw up the reasons of this Board Dissent.
A Bill intituled an act for collecting ye arrears of the 2000 pounds Tax granted to the Proprir. being returned by the House with their assent, was order'd to be added to the Bill already agreed to.
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