USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 3
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Ordered, that in pursuance and by virtue of the afore recited act of Assembly, and according to the Said Commrs' Report the sd Summ of 500Es be equally laid and Levied as the Law Di- rects, on the Inhabitants in and about the said Town of Philadia, one moiety thereof to be collected forthwith, and the other in the following Spring, before the first of the 3d month next ensuing, by the Sherif of the County or by such Other officer as the said Commrs shall think fitt to appoint, according to Law, and a Com- mission is ordered to be forthwith drawn by Robt. Assheton for that purpose.
At a Council held at Philadia the 14th of July, 1701. PRESENT :
The Proprietary and Governour.
William Clark,
Humph. Murray,
Edwd. Shippen, Esq'rs. Thomas Story,
Saml. Carpenter,
John Guest, } Esq'rs.
Whereas, by a former order of Council held the 26th of June, It was Ordered, that in Case any Enemies appear, &c. that the Sherif of the County of Sussex should, by a Special Express, give notice to the Governour and Council, &c .; It is therefore Ordered, that the same order be drawn up and sent down by William Clark to the Sherif of the sd County, &c.
John Guest Esqr being called by the Govr to take a place at this Board as a Member thereof, was attested before ye Govr to be true and faithful to the King and Crown of England, and to the Proprie- tary and Governour, and his heirs or successors, and to keep the Secrets of the Council Board, and to do his duty in every Respect as one of the Council of this Govmt, according to the best of his power and skill, &c.
Upon the information of Thos. ffarmer, Sherif, of this County, that several of the persons Taxed in the Tax given to the Governour, by the last Assembly at New Castle, refuse to pay the same, some alledging one reason, others another, &c. It is therefore Ordered, that the Sherif go forthwith from house to house of the persons re- fusing, and take their reasons for their non Payment thereof, and at the same time order them to appear before the Assessors upon thursday next, at the hour of 9 in the morning, at the House of Widow Guest, to render there said reasons, &c.
Ordered, that a Procln Immediately Issue for Calling the Mem-
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MINUTES OF THE
bers of the present General Assembly to meet at Philadia the first day of August next, to Inspect into Several Affairs of Moment, etc.
Adjourned till the 23d instant, at 9 in the morning.
At a Council held at Philadia the 26th of July, 1701.
PRESENT :
The Proprietary and Governour.
Edwd. Shippen,
John Blunston, r Esq'rs.
Saml. Carpenter, Esq'rs. Thomas Story,
John Guest,
Humprey Murray,
The Sherif of Kent County having informed the Govr by a Let- ter bearing date the 16th Instant, this day rece'd, That by the Death of Richard Wilson, a Representative for that County, there is a member wanting, the Govr proposed whether it would be regular to issue a Writ for a new Election upon this information, or whether he is obliged to take notice of the said Member's Decease till the Assembly make application for an Election, according to the Practice of England & ye adjacent Colonies.
Resolved, That that the Govr ought not judicially to take any notice of the Said member's decease, till the Assembly make appli- cation.
Several Complaints having been made by the Members of the Church of Engld, agst an act past in the last Assembly, about mar- riage.
Ordered, that the Attorney Genl should prepare a Bill agst the ensuing Assembly out of ye Said Act, & the former superseded by the sd Law, and that it should be bro't before this Board at ye next sitting thereof.
The Govr & Council having entered into the Consideration of ye many abuses and Inconveniences arising from the Indians being admitted to Drink Rum, Ord'd, yt agst the sitting of the next As- sembly, Menangy Hetcoquehan Owehela on Christina Oppemeny- hook at Lechay, & Indian Harry of Conestoga should be sent for to be Consulted with about passing a Law for Prohibiting all use of Rum to the Indians of their Nations.
Ordered, that for ye next Sessions of the Assembly Genl the great ffront Room in Whitpain's house, now in the Tenure of Joseph Ship- pen, be prepared & put in Ordr, & that the Said Jos. Shippen be allowed for it by the Govmt.
Willm. Clayton of Chichester, producing an acct of Eleven pounds eleven Shills, due to his ffather, Wm. C. L: deceased, for building a Cage for Malefactors in the Town of Philadia, at the first settling of this Province,
Ordr, that the Provl Treasurer discharge the Said acct.
Resolv'd, That it be proposed to the Assembly to have a Say Mas- ter, or some other Course taken to prevent the packing of unmer- chantable Tobacco.
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PROVINCIAL COUNCIL.
At a Council held at Philada ye 1st of 6th Mo, 1701.
PRESENT.
The Proprietary and Governour.
Edwd. Shippen,
John Guest
Saml. Carpenter, Esq'rs. Humph : Murray,
John Blunston,
Caleb Pusey, -
Esq'rs.
The Board took into Consideration the State of this Province & Territories, in regard to its self subsistancy, and the Inconveniencys likely to arise by the great export of the Coin thereof, and finding that ye Province of East Jersey have been a means to exhaust this Government of their Coin, to pay for the Cattle imported for the Supply of Philadia, for prevention of which, it would be necessary that there should be effectual means taken to encourage the Growth of all kind of Cattle in this Government.
1. Resolved therefore, That it be proposed to the Assembly, That every person throughout this Province and Territories who has 40 Acres of clear land, shall keep at least ten Sheep.
2. That no person shall kill, or sell to be kill'd, above one half of their growing neat Cattle.
3. That there shall be no neat Cattle kill'd, or sold to any of the Inhabitants of Philadia, T: from the tenth day of the 4th month, to the tenth of the seventh month, on any pretence what- soever.
And for the better Provision for the health of the People, That no Cattle shall be kill'd and exposed to sale, but what is in fitt case and marketable, and that no Cattle be kill'd till at least 24 hours after they have been driven.
And whereas, there are many publick Nuisances in the T: of Philadia, occasioned by the Slaughter houses in the middle of the said Town.
Ordered, that there shall be no Slaughter House suffered in or about the Town of Philadia, but over the River Delaware, where the Tide may carry off all their Garbage, Gore, &c., the places to be appointed by the magistrates, under the penalty of forfeiting their meat.
ffor the greater Encouragement of foreigners of the West Indies to trade to this Province, who may be incensed by the Difference of Duties between them & the Inhabitants imposed on Rum ; Resolved, That it be proposed to the assembly to change the Duties that now are, and that only one penny be laid on Rum brought in vessels not belonging to the Inhabitants, & on vessels of this Province nothing, instead of which that no Rum be retailed under 10 Gall, but what shall pay Duty. ffor pvention of the feed of the woods being de- stroyed and eaten up by the great numbers of Horses going at large in the woods ; Resolved, That it be proposed to the Assembly, That no person, upon any pretence whatsoever, shall keep above four horses without ffence, and that no stone Horse whatsoever shall go at large.
Adjourned to 5 in the afternoon.
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MINUTES OF THE
POST MERIDIEM, ejusdem Diei ysdem qui antea.
The Council mett & the members of Assembly that were come to town making their appearance, were dismissed to adjourn till they could make a fuller house.
And then adjourned till the morning.
At a Council held at Philadelphia ye 2d of 6th Mo, 1701. PRESENT :
The Proprietary and Governour.
John Guest,
Caleb Pusey,
John Blunstone, Esq'rs.
Thos. Story,
Humph. Murray,
( Bg's.
The Assembly presenting themselves before the proprietary and Gouvernor in Council, by their Speaker, desired to know his pleasure, to whom he expressed himself to this effect :
I am sorry I am under a necessity of conveneing you at this time, but it is not of Inclination, but duty ; for I intended no further session of this Assembly, as I promised you, till the year was expired, unless something extraordinary should emerge ; because of the great Charge that your frequent sessions occasion to the countrey, & the unsuita- bleness of the season. But the King's Commands, by his late letter to me, now have brought you hither at this time, which I now lay before you and recommend to your Serious Consideration, since without it, t'will be impossible to answer them.
And now you are on this occasion mett together, I have some other things of momt to our selves to offer, which as yet I shall forbear to mention, lest mixing them with the chief Occasion of your meeting, they should retard your application therein. Upon wch they with- drew.
A Petition of the Bailif, Burgesses and Commonality of German- town was read, representing That whereas it was the good will and pleasure of the Honble Propry, in the year 1689, to grant by his charter to the said Commonality, To have, hold and keep one Publick Market every sixth day of the week, in such convenient Place and manner as the Provl Charter doth direct; And, whereas, it would redound to the benefit both of the Inhabitants and neighbours, that a weekly market on the appointed day were kept in the road or highway where the cross street of German T. goes down towards the Schuyl- kill, They therefore request that the above mention'd place may be confirmed for a market, till they can procure a more convenient one for that purpose.
Ord'd, that according to the Petition, the Market be held in the said place.
Att a Council Held at Philadelphia ye 4th of 6th Mo, 1701.
PRESENT :
The Proprietary and Governour.
John Guest,
Esq'rs.
Caleb Pusey,
Thos. Story,
Humph. Murray,
Esq'rs.
/
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PROVINCIAL COUNCIL.
The Council sitting, the Assembly sent two of their members re- turning the King's Letter to the Govr, advising that they had taken a Copy and were now entring upon ye Consideration thereof. But that first, the Assembly requested the Govr would be pleased to let them have his last speech upon the said Letter in writing, that they might be the more Capable effectually to answer the Govr's desires.
To which the Govr answered, That his speech was only the King's Letter, whatever was spoke besides was only to excuse their meeting at a time so little designed, and which he well knew was by no ways suitable to their domestick affairs, therefore thought it altogether superflous to trouble them with any other, if they pleased to consider yt he desired no more of them, the rest no ways related to any thing that would come before them, & then adjourned to 4 in the after- noon.
-
POST MERIDIEM, ejusdem diei hora 4ta, Iidem qui antea, wth Saml. Carpenter.
The Assembly by two of their members, desired to be admitted in a Body to wait on the Govr and Council; which was ordered forth- with.
And then appearing, their Speaker in return to the King's Letter, read the Assembly's answer from minutes in his hand, wth wch the Govr not being fully satisfied, desired to have it in writing at large, but that first they would more fully consider of it & dress their rea- sons, both wth as much strength and in as good order as they could, that when he returns his answer to the King, which he would chuse to do in their own Language, it may carry the greater force with it and prove more satisfactory ; after wch they withdrew.
At a Council held at Philadia the 5th of 6th Mo, 1701.
PRESENT :
The Proprietary and Governour.
John Guest,
Caleb Pusey,
Saml. Carpenter, Esq'rs. John Blunston, Esq'rs.
Thos. Story,
Humph. Murray,
The Assembly by two of their members sent for that purpose, re- questing, that seeing the Govr desired a fuller answer than the Verbal one they had yesterday given, He would be pleased still to furnish them with his speech at large, on which they might the more effect- ually (ground what they had to say.) Ordered that ye Secry should draw out a Copy of the minute taken that day when the speech was made, which was done and by him Carried to the Assembly.
In return to which two other of their members were sent request- ing again yt the Govr would be pleased to lett him have his real speech, for the minute sent them was only the Contents there of summarily drawn up, and that some material points were omitted, there being no mention of the King's Letter therein, nor the sum required to be paid by the same.
30
MINUTES OF THE
To which the Govr answered, That as he had told them before, he thought it absolutely unnecessary to give them any other than the King's Letter, which was his speech, that what he had besides to say was only to Excuse their coming together ; however he was will- ing that in the minute their should be mention made of the King's Letter, which was accordingly done, and now, in these minutes, stands in crotchets.
Adjourned to 5 in the afternoon.
-
POST MERIDIEM, ejusdum Diei hora 5ta, psent Iidem qui antea.
Two of the members of Assembly attended, requesting in the name of the Assembly, That the Govr would be pleased that further mention should be made in the minute delivd them by the Secry of the King's Letter, & the sum thereby required, In complyance wth one Part of which the Govr was pleased to Order that the same alteration made in the minute of Council, should be made in the Copy thereof, delivd to them, but thought it wholly superfluous to have any thing further insisted on, wth which answer they departed.
adjourned to 8 in the morning.
At a Council held at Philadia the 6th of 6th Mo., 1701.
PRESENT :
The Proprietary and Governour.
John Guest,
Caleb Pusey,
Saml. Carpenter, Esqr's. Jno. Blunston,
Thos. Story,
Hump. Murray,
Two members from the Assembly desiring to know when the whole Assembly should wait on the Govr. Ordered fforthwith.
The Assembly in a Body appearing, the Speaker, Jos. Growdon, acquainted the Govr That in pursuance to his desire, they had further Considered of their answer to the King's Letter, and on mature deliberation, having thorowly weighed the same, had drawn up their answer in writing which he now presented by order of the House, and hoped the Govr would Represent it in such a manner as might render it the most effectual.
To WM. PENN, Esqr Propr. and Governour of Pennsylvania, &c. The Humble address of the Assembly. May it please our Propr and Governour.
We, the ffreemen of this Province & Territories, in Assembly met, having perused the King's Lre, requiring a Contribution of £350 Ster towds erecting of fforts on the ffrontiers of N. York &c., and having duly weighed and considered our duty & Loyalty to our Sovereign, De humbly address and represent :
That by reason of the infancy of this Colony, and the great charge and Cost the Inhabitants have hitherto been at in ye settlemt thereof, and because yt of late great sums of money have been assessed on
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PROVINCIAL COUNCIL.
this Province & Territories, by way of Impost & Taxes, besides ye arrears of Quit rent owing by the people, Our present capacity will hardly admitt of Levying money at this time, and further taking into our Consideration, That the adjacent Provinces have hitherto (as far as we can understand) done nothing in this matter, We are therefore humbly of Opinion and accordingly move that the further consideration of the King's Letter may be referred to another meet- ing of Assembly, or untill more emergent occasions shall require our pceedings therein, In the mean time we earnestly Desire the Propr would Candidly represent our Conditions to the King and assure him of our readiness (according to our abilities) to acquiesce with & an- swer his Commands so far as our Religious perswasions shall permitt, as becomes Loyal and faithful subjects so to do.
Signed on behalf of the Assembly, JOS. GROWDON, Speaker.
Seven members of the Lower Counties, viz: R. Halliwll, Ro : ffr : J. Yeates, Jno Heatly, Jno. Brin., Jno Hill & Lu. Watson, Junr. also presented another paper in behalf of the said Counties in these words :
To The Honble William Penn, Esqr., Proprietr & Governr of ye Province of Pennsylvania & Counties annex'd.
The Humble address of the Repsentatives of the three lower Counties in Assembly mett :
Humbly Sheweth :
That having duly Considered his Majestie's Letter to your honour, requiring from the Province of Pennsylvania ££350 Sterlg, for the Erecting & maintaining a ffort or ffortification at the ffrontiers of the Province of N. York, together with your honour's speech relating thereto.
With all faithfulness, Duty and Loyalty to his Majesty, We desire your honour to represent to his Majesty, the weak & naked condition of the said Counties, as we are the ffrontiers of the aforesaid Pro- vince, and Dayly threatned with an Approaching War, not being able to furnish our selves with arms and ammunition, for our defence having Consumed our small stocks in making Tobacco, wch hath proved very advantageous for the Kingdom of England, Yet that his Majesty hath not been pleased to take notice of us in the way of Protection, having neither standing Militia nor Persons Impowered to Command the People in Case of Invasion, Which together with the great loss we sustain this year in our Tobaccoes, not having Vessels to Carry it away.
These things we hope by your honour's influence, will Incite his Majesty to take into consideration our present circumstances, & not require any Contribution from us for fforts abroad, before we are able to build any for our own defence at home.
Richard Halliwell, Ro. ffrench, Jasper Yeats,
John Heatly, John Brinkloe, John Hill, Luke Wattson, Junr.
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MINUTES OF THE
Both wch being read, & the business of the Session being ended, ye Assembly was dissolved & the Council adjourned.
At a Council held at Philadia the 22d of 6th Mo, 1701.
PRESENT :
The Proprietary and Governor.
Edwd. Shippen,
Jno Guest,
Thos Story, Š Esq'rs. John Blunston, - Esq'rs.
Hump. Murray.
The Govr communicated to the Board some advices he had Yes- terday reced from Engld, by the Ship Messenger, giving an acct of great and Strenuous endeavours used by several united Interests to procure an act of Parl. for annexed to the Crown the Several Prop'ry Govmts, for the effecting of wch there lay at the time of the date of the said Letters, a Bill before the House of Lords, wch had been twice read, and tho' not likely to pass yt sessions, yet there was no probability of staving it off longer than the next, unless the Propry could psonally make his defence, and obviate all the argumts brought agst this Governmt by evil minded persons, re- solved to overthrow the same; whereupon ye Goverr proposed to the Consideration of the Board, what might be the most effectual methods to secure the general Interest of the first adventurers in founding this Colony, who were in a great measure struck at by the said endeavours.
Resolved, That the first step that could be taken would be to call an Assembly with all Expedition ; and therefore ordered, that writts be forthwith issued, for calling a new Assembly, to sitt on the 15th day of ye 7th Mo, next ensuing.
Ordered, that the Laws past last sessions of Assembly held at New Castle, be perused to morrow, & that such as are found fitt, be sent to England by Capt. Puckle, for the King's approbation.
At a Council held at Philadia. the 23d of 6th Mo., 1701.
PRESENT :
The Proprietary and Governor.
Edwd. Shippen,
John Blunston,
John Guest, Esq'rs. Caleb Pussey, Esq'rs.
Thos. Story,
Saml. Carpenter,
Hump. Murray,
Writts to the Sheriffs of the 6 several Counties having been pre- pared by the Secry, in pursuance of the Resolve of Yesterday, they were now signed.
According to yesterday's order, the Laws were carefully perused & ordered to be fairly transcribed & sent over, under the great Seal, to England.
A petition from Patr. Robinson, in behalf of Col. Andr. Hamilton, Post master Genl. in America, & Govr of the Jerseys, was read, set- ting fforth that by a Law of this prov, made in the year 1697, for set-
33
PROVINCIAL COUNCIL.
tling a Post Office, &c., It was enacted, That for the greater encou- ragement of the said Post, there should be allowed to the maintenance of the same, for 3 years, 20€, p. ann which were now expired, and therefore cravd that the said 20£s for three years, amounting to 60£s, should be paid to the said Postmastr by the Treasurer of the Province, out of the Publick stock thereof. Ordered, That the Trea- surer pay the said sum as soon as he shall have sufficient in his hands for the same.
A Petition from the said P. R., late Secry of the Province, was read, requesting That whereas at an Assembly held at Philadia, 7th of 9br, 1696, Jno. Simcock, Speaker, there was allowed to him an acct 72fs. Also at an assembly held at Philadia, 1698, Edwd. Shippen Speaker, there was allowed to him on acct 18£s. Also that at an Assembly held at N. Castle, 1700, there was allowed to him on acct 5£s, all the accts signed by the respective speakers, That thereupon the Govr & Council would be pleased to give orders to the Treasurer to pay the said sums as soon as he shall have sufficient of the Provl Stock in his hands.
At a Councill held at Philadia the 3d of 7th Mo, 1701.
PRESENT :
The Proprietary and Governour.
John Guest, Samll Carpenter, Esq'rs. Caleb Pusey, - Esq'rs.
Thos. Story,
Hump. Murray,
Complaint having been made to this Board, by some of the Inhab- itants of Darby Township, against some parts of a road laid out by the Govr's order, from B. Chamber's fferry, through Darby Town- ship to Edgement,
Ordered, That Nicholas Pyle, Saml Levis, Geo. Maires & Randal Vernon, all of Chester County, do on ye sixth day next, that one being ye 12th instant, view the Controverted parts of the said Road, beginning at the said fferry, and upon a Due Consideration of the allegations on both sides, to give their Judgment whether the sd Road be conveniently laid out for a Cart Road, as it now is, or whether it may not, with equal Conveniency for the said purpose and advantage to the Publick, as well as Justice to each particular in all respects, be laid out otherwise according to the complainant's desires, and make report thereof to this Board in writing, at the next sessions.
Shemekenwhoa, one of the Chiefs of the Shawanah Indians, Solemnly declared & Complained to the Govr that Sylvester Garland had brought to the settlement of Indians of their nation several Anchors of Rum, to the quantity of about 140 Gallons, & that to induce them to receive it & trade with him, he pretended he was sent by ye Govr, and gave one Cask as a present from him, upon wch, being entreated to drink, they were afterwards much abused.
Ordered, That this be further Inquired into.
VOL. II .- 2
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MINUTES OF THE
At a Councill held at Philadia the 15th of 7br, 1701. PRESENT :
The Proprietary and Governour.
Edward Shippen,
Saml. Carpenter,
Esq'rs.
John Guest,
Caleb Pusey,
Esq'rs.
There having been a Controversy long Depending between James Atkinson, on ye one Part, and Benja. Duffield with Allen ffoster, on the other part, concerning some vacant or Overplus Land, lying be- tween the Lands of said Atkinson and Duffield, in the County of Philadia, near Pemmapeck, but disputed to which Tract it most pro- perly did belong, In order to the Determination of wch Several Steps by Resurveys, &c. have been taken, but nothing yet concluded for their accommodation.
The Govr therefore Informed the Board that tho' it lay not proper- ly before them, because wholly Propry, yet he was willing to have their Judgments in ye Determination, Upon wch the argumts and al- legations on both sides being heard, It was Ordered by the Govr by advice of the Council, That the Whole Overplus or Vacant Land should be taken by the Propry himself, out of wch Benja. Duffield should have sufficient to accommodate his Plantaon, he paying the Value thereof, and out of the rest, or some other way, Ja. Atkinson should also be satisfied, for the Charges he had been at in Resurvey- ing said ffoster's & Duffield's Land.
Adjourned to 3 in the afternooon.
POST MERIDIEM, Iidem qui antea.
This being the day appointed by the Govr in his writts for the meeting of the Assembly at Philadia, elected on the 4th instant, the Representatives chosen by the Several Counties of the Prov & Ter- ritories appeared, and their names being called over according as they were returned into the Secry's Office by the Sherifs of each re- spective County, A list of the Representatives chosen by the ffree- holders of the Several Counties in this Govmt, In pursuance of the Proprietary & Governr's Writts, to serve in Assembly Genl of this Province, of Pennsylvania, at Philadia, the 15th of 7br., 1701, and Territories ; As by Indentures under the hands and seals of the Sherifs of each respective County, wth five substantial ffreeholders of the same, returned into my office.
Return'd for Philadia Com CHESTER.
Anthony Morris,
John Blunston,
Samuel Richardson,
Robt. Pyle,
John Brinckloe,
Nicholas Waln,
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