USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 4
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Nathl. Newlin,
William Morton, John Walker.
Isaac Norris, BUCKS.
Andrew Job, NEWCASTLE.
SUSSEX.
Joseph Growdon,
Jasper Yeates,
William Clark,
John Swift,
Jno. Donaldson,
Luke Wattson, junr.
Joshua Hoopes,
Richd. Hallewell, Adam Peterson,
Saml. Preston,
Willm. Paxon,
Joseph Booth.
JAMES LOGAN, Secry.
KENT. William Rodeney,
Thomas Story,
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PROVINCIAL COUNCIL.
each of them took and subscribed a Solemn attestation of Allegi- ance to King Willm. the 3d, fidelity to Willm. Penn, Propry and Governr, and that they would faithfully Discharge the Trust reposed in them to the best of their Power and Understanding, in the ser- vice of wch they were called. They also took and subscribed the Declaration appointed by the Parliamt of England, of their abhor- rence of that Damnable Doctrine and Position that Princes excom- municated by the Pope may be deposed or murther'd by their sub- jects, &c., And then the Govr made the following speech.
The Govr's Speech to ye Assembly, 15th 7th Mo., 1701.
You cannot be more concerned than I am at the frequency of your. service in assembly, since I am very sensible of the Trouble and Charge it contracts upon the Country : But the motives being Con- sidered, & that you must have mett of Course in ye next month, I hope you will not think it vexatious now.
The reasons that hasten your session is the necessity I am under, through the Endeavours of the Enemies of the prosperity of this Country, to go for England, where taking the advantage of my absence, some have attempted by false or unreasonable Charges to undermine our Govmt, and thereby the true value of our Labours & Property : Governmt having been our first Encouragement.
I confess I cannot think of such a Voyage without great Reluctancy of mind, having promised myself the quietness of a Wilderness, and that I might stay so long at least with you as to render every body entirely easy and safe; for my heart is among you as well as my body, whatever some people may please to think, and no unkindness or Disappointment shall, with submission to God's Providence, ever be able to alter my Love to the Country and Resolution to return & settle my family and posterity in it; but having reason to believe I can at this time best serve you and myself on that side of the water, neither the rudeness of the season nor tender Circumstances of my family can over rule my Inclination to undertake it.
Think, therefore, since all men are mortal, of some suitable expe- dient and Provision for your safety, as well in your Privileges as Property, and you will find me ready to Comply with whatsoever may render us happy, by a nearer Union of our Interest.
Review again your Laws, propose new ones that may better your Circumstances, and what you do, do it quickly, remembering that the Parliament sitts the end of the next month, and that the sooner I am there the safer. I hope we shall all be here. I must recom- mend to your serious thoughts & Care the King's Letter to me, for ye assistance of N. York with three hundred and fifty pounds sterlg, as a ffrontier Governmt & therefore exposed to a much greater Expense in proportion to other Colonies; wch I called the last As- sembly to take into their Consideration, and they were pleased, for the reasons then given, to refer to this.
I am also to tell you the good news of the Govr of N. York's happy Issue of his Conferences with the five nations of Indians, that he hath not only made peace with ym for the King's subjects of that Colony, but, as I had by some Letters before desired him, for those
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of all other governmts under the Crown of England on ye Continent of Amca, as also the nations of Indians within those respective Co- lonies, wch Certainly merits our acknowledgments.
I have done when I have told you that Unanimity & Dispatch are the Life of business, & that I desire & expect it from you for your own sakes, since it may so much Contribute to the Disappointment of those that too long have taught the ruine of our young Country.
Upon Which the members returned to their House to choose their Speaker, where, continuing for some time, they returned & presented Jos. Growdon for the person chose to fill the chair, who, first re- questing the Govr to be excused, was notwithstanding by him approv- ed, & the Assembly returned again to their House, a copy of the Govrs speech being Delivered to them with a further exhortation to Unanimity, for their own safety, in ye Grand affairs they were to go upon,
& then the Council adjourned to ten in ye morning.
At a Council held at Philadia ye 16th of 7th Mo, 1701. PRESENT :
The Proprietary and Governour.
Edwd. Shippen,
Saml. Carpenter,
Esq'rs.
John Guest,
Esq'rs.
Thomas Story,
Caleb Pusey,
Two members from the Assembly acquainted the Gover that the Assembly requested to be admitted to the Govrs presence, to which he agreed ; accordingly the Assembly appeared, and the Speaker, in the name of the House, presented the following address :
May it please the Proprietary & Govr,
We have this day, in our Assembly, read thy speech yesterday Delivered in Council, and having Duly Considered the same, cannot but be under a Deep sense of sorrow for thy purpose of so speedily leaving us, and at the same time taking notice of thy Paternal Re- gards of us and our Posterity, the ffreeholders of this Prov & Ter- ritories annex'd, in thy Loving & kind expressions of being ready to Comply with whatsoever expedient and provision we shall offer for our safety, as well in Privileges as Property, and what else may render us happy in a nearer Union of our Interests, not Doubting the performance of what thou hast been pleased so lovingly to promise, do in much Humility, and as a token of our Gratitude, render unto Thee the unfeigned Thanks of this House.
Subscribed by Ordr of ye House, JOSEPH GROWDON, Speakr.
To which the Govr made answer: That every word of his speech was written in his heart, and he should use his utmost Endeavours to make it all good, to which he desired their assistance, and that they would proceed, in Order to it, with all Expedition.
Upon which the assembly returned, and ye Council adjourned till to-morrow at ten of ye Clock.
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PROVINCIAL COUNCIL.
At a Council held at Philadia, the 17th of 7th Mo., 1701.
PRESENT :
The Proprietary and Governour.
Edwd. Shippen, Esqrs.
John Guest, - Esqrs.
Saml. Carpenter,
Caleb Pusey,
Capt. Saml. ffinney being Called to the Board by the Govr, to as- sist in Council, was admitted, and took and subscribed the following attestation :
I do solemnly Promise and in good Conscience declare, That I will bear true faith and allegiance to William the Third of Engld, &c., King, and fidelity to Wilm. Penn, Proprietry and Govr of this Province and Territories. I will assist, with the best of my advice & Council, in all such things at this Board as shall be brought be- fore me, & I will at all times inviolably keep the Secrets of the same.
& then adjourned till ten in the morning.
18th of 7th month, 1701.
The Council mett according to adjournmt, and again adjourned till to-morrow at ten of the Clock.
At a Council held at Philadelphia, the 20th of 7th Mo, 1701.
PRESENT :
The Proprietary and Governour.
Edwd. Shippen,
John Guest,
Saml. Carpenter, Esq'rs. Saml. ffinney, Esq'rs.
Thomas Story,
Caleb Pusey,
Two members of the Assembly came to acquaint the Govr, That · the Assembly with their Speaker, in a Body, requested a Conference, wch was agreed to, And accordingly ye Assembly Came, and their Speaker informed the Govr, That Encouraged by his favourable promises in his Speech, and incited by a Petition from a Consider- able Number of the Inhabitants of Philadia, the Assembly had drawn up an address requesting Several things of the Propry, some of which in themselves perhaps, might look extravagant, yet they could do no less, Considering the aforesaid Petition, yn in Comply- ance with it to draw up what they now humbly presented, which they requested the Govr would take in good part, And it was read in these words :
May it Please ye Governour,
We, the Representatives of the ffree Men of the Province & Ter- ritories, in Assembly mett, having taken into Serious Consideration some articles Concerning our Privileges and Property, incited by an address to this House from the Inhabitants of this place, & Encour- aged by thyself in Setting forth thy care of us & promises of Com- plyance therewith, do humbly offer the following heads for Confir-
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MINUTES OF THE
mation, Requesting they may be granted the People of the Province and Territories, and ascertained to them in a Charter.
Imprs. That, in case ye Proprietry go for England, Due Care be taken that he be represented here by persons of Integrity & Con- siderable known Estates, who may have full power and authority, not only to grant & Confirm Lands, &c., as effectually as if he were personally present, but also to make satisfaction to those who have short, As well as receive what may be due from those who have too much Over measure, according to former agreemt.
2dly. That, before the Proprietary go for England, he grant us such an Instrument as may absolutely secure and defend us in our Estates and Properties, from himself, his heirs and assigns for ever, or Any Claiming under him, them or any of them, as also to Clear all Indian Purchases and others.
3dly. That whereas there hath been great Delays in the Confir- mation of Land and Granting of Patents, due Care may be taken By ye Proprietor that no such Delays may be for ye future ; and that the ten acres in the hundred may be allowed, according to the Proprie- tor's Engagements.
4thly. That no Survr., Secry or any other officer under the Proprietory, Presume to Enact or take any ffees but what was, is or shall be allowed by the Laws of this Province, under severe Penalties.
5thly. That no Person or Persons shall or may, at any time hereafter, be Lyable to answer any Complaint, Matter or thing whatsoever, relating to Property before the Govr or his Council, or in any other place but in the ordinary Courts of Justice.
6thly. That the Antient Records, made before the Proprietary's first Arrival here, be Lodged in such hands as ye Assembly shall Judge to be most safe.
7thly. That a Patent Office, and all actual Surveyrs thereby Im- ployed, may be modelled according to ye Law of Jamaica, and such security taken as may render the People's Interest safe.
8thly. That Whereas, the Proprietr formerly gave the Pur- chasers an expectation of a Certain Tract of Land wch is since laid out, about two miles Long and a Mile broad, whereon to build the Town of Philadia, and that the same should be a free gift, which since has been clogg'd with divers Rents and Reservations, Contrary to the first design and grant, & to the Disatisfaction of the Inhabi- tants; We desire the Govr to take it into Consideration, & make them easie therein.
9thly. That the Land lying back of that part of the Town al- ready build, remain for Comon, and that no leases be Granted, for the future, to make Inclosures to the damage of the Publick, until such time as the respective Owners shall be ready to build or Im- prove thereon ; and that the Islands and fflatts near the Town be left to the Inhabitants of this town to get their winter ffodder.
10thly. That the Streets of the Town be Regulated & bounded, and that the Ends of the streets on Delaware and Schuylkill be un- limited & left free, to be extended on the River as the Inhabitants
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PROVINCIAL COUNCIL.
shall see meet ; and that Publick Landing places at the Blue Anchor & penny Pott house, be Confirmed free to the Inhabitants of this Town, no infringing any man's Property.
11th. That the Justices may have the Lincensing & Regulating Ordinarys or Drinking Houses, as in England, and as by thy letter ye 5th 9br, '97 did order.
12th. The Letters of Feoffment for the soyl of the three Lower Counties, from the Duke of York, be Recorded in the Territories.
13th. That all the Lands in the said Counties that are not yet taken up, may be Disposed of at the old Rent of a Bushel of wheat a hundred.
14th. That the thousand acres of Land, formerly promised by the Govr to the Town of New Castle for Common, be laid out and pat- tented for that use.
15th. That the bank Lotts at New Castle be granted to those that have the ffront Lotts to Low water mark, or so far as they may Im- prove, at a Bushel of Wheat a Lott.
16th. That all the Bay-Marshes be laid out for Common (Except such as are already granted.)
17th. That all patents hereafter to be granted to the Territories, be on the same Conditions as the Warrants or Grants were obtained.
18th. That the Division Lines between the County of New Castle and Chester be ascertained, allowing the bounds according to the Proptr's Letters-Patent from the King.
19th. That the Twenty-Second Article in the old Charter, Con- cerning ffishing and fowling, be Confirmed.
20th. That the Inhabitants or Possessors of Land may have Liberty to purchase off their Quit rents as formerly promised.
21st. That the Bill of Property, pass'd at New Castle, 1700, Be inserted in the Charter, with such amendmts as shall be agreed on. Signed by Order of the Assembly,
JOSEPH GROWDON, Speaker.
The Govr observed to the house, that if he had freely express'd his Inclinations to indulge them, they were altogether as free in their Cravings ; that there were several of these articles that could not Concern them as a House of Representatives conven'd on affairs of Govmt. He would, however, consider them severally, & give them his answer on every Distinct article, & then they withdrew.
At a Council held at Philadia the 23d of 7th Mo., 1701.
PRESENT :
The Proprietary and Governour.
Saml. Carpenter, Esq'rs.
John Guest, بـ Esq'rs.
Thomas Story,
Caleb Pusey,
Ordered, that the Petition or address from some of the inhabitants of this Town to the assembly, mentioned in the preamble of the fore- going address from the assembly, to the Govermnt be sent for, & that Saml. Carpenter and Caleb Pusey go for the said Petition, who re-
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turning, reported that the Speaker had promised to have a Copy drawn out and sent.
A Petition of the Inhabitants of the Town of Chester, and some of the County, was presented to this board, setting forth, That Where- as the Governr & Council, about Eleven years ago, had granted to the said Town two ffairs, to be held every year, wch till this time they had quietly enjoyed ; but now, by reason of one fair being granted to Chichester, they were informed one of theirs was to be suppressed, wch is likely to prove Injurious & much to the damage & Disappointment of the sd Inhabitants, who, as usual, had made provision for their approaching fair.
Ordered, that because of the Provision made as aforesaid, the fair, wch was of Course to be held in the beginning of the next 8th month ensuing, be still Continued and held at the said time as usual, any Order to the Contrary notwithstanding ; And that both the said fairs, with a Weekly market, and the Streets, &c., of the said Town, be Confirmed to the said Inhabitants by Charter, in Case they make due Application for the same.
At a Council held at Philadia the 26th of 7th Mo., 1701.
PRESENT :
The Proprietary and Govr.
Saml. Carpenter, Esq'rs.
John Guest,
Thos. Story, Caleb Pussey, } Esq'rs.
The Govr having desired a Conference with the Assembly, they attended, requesting to know his pleasure. And the Govr signified to them, That in his Speech he had recommended to them to Consider their Privileges as well as Property, in which he had justly given Privileges the Precedency to property, as the Bulwark to Secure the other; but they in their address (which he had Considered) insisted not only on Property alone, but on such Particulars as could by no means be cognizable by an assembly, and lay only between him and the Particulars Concerned, in which he had done and always would do to the utmost, what becomes an honest man to all those he agreed with, but he would never suffer an Assembly to intermeddle with his Property, least it should be drawn into a Precedent, if it should please God, a Govr should preside here distinct from the Propry. The Govr therefore advised them to think again of the Present Exi- gency and joyn their Endeavours to give a happy Issue to this As- sembly, but Especially that they should Consider the King's Letter, to which he expected an immediate answer.
And then they returned to their House.
At a Council held at Philadia the 29th of 7th Mo, 1701.
PRESENT :
The Proprietary and Governour.
Edwd Shippen,
Saml. Carpenter,
Esq'rs.
Thos. Story,
Caleb Pusey,
Esq'rs.
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PROVINCIAL COUNCIL.
The House of Representatives being called on to attend the Govr, they accordingly came, and the Govr desired to know what progress they had made in relation to the King's Letter ; Tells them that he wonders he hears nothing of their Perusal of the Laws and their amendments of them ; Queries why they so much neglect their own Interest as not to make use of the Oppty, he has given them to se- cure themselves in their Privileges; That he is desirous to part with them lovingly, & if it happen otherwise it will lie at their own doors ; Urges them to be expeditious, for that his stay cannot be above 3 weeks ; That he is willing to secure their Privileges to them and their heirs, & to make them and their Posterity easie in all times to come.
To which the Speaker answered, that they had Considered and Debated the Subject of ye King's Letter with that part of the Go- vernour's Speech relating to it; Upon which the Resolution of the House is, that the Country having been much Straitned of late by the necessary paymt of their Debts & Taxes, & as nothing appears what any other of the Colonies, who are equally concerned, have done in the like demands on them, they must for the present desire to be excused.
That they have read over the Laws & remark'd which appeared fitt to be amended, and what to be repealed, but were of opinion they had Privileges sufficient as Englishmen, and were willing to leave the rest to Providence.
The answer of the Proprietor & Govr, to the Address of the As- sembly, head by head :
To the first Proposal,
I shall appoint those in whom I can confide whose powers shall be sufficient and Publick for the Security of all Concerned ; and I hope they shall be of honest Character, without Just Exception, to do that which is Right between you and me. To the second.
Much of it is Included in my answer to the first, however I am willing to Execute a Publick Instrument or Charter, to secure you In your Propertys, according to Purchase and the Law of Property made lately at New Castle, Excepting some Corrections or amend- ments absolutely necessary.
To the third,
I know of no willfull Delays and shall use my Endeavours to pre- vent any for the future, & am very willing to allow the Ten acres per cent for the ends proposed by Law, & not otherwise. To the fourth,
I am willing that reasonable fees to officers shall be ascertained by Law, or their services left to a Quantum Meriut ; for I hope you do not think they should be maintained at my Charge. To the fifth,
I know of no person that has been obliged to answer before the Govr and Council In such Cases, but I Conceive that Disputes about 2*
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unconfirmed Properties must lye before ye Proprietor, tho' not before his Council as Judges.
To the Sixth,
The Records Concern me as well as the People, and are and shall be in the hands of men of good fame and to keep them only during good behaviour ; but those of the County of Philadelphia, that Chiefly Concern the people, are in so great disorder by Razures, blots and Interlineations, that you would do well to use some method in time for their Rectification.
To the Seventh,
If the Jamaica Law will Improve our Regulacon as it does aug- ment the fees I am Content that we Copy after it.
To the Eighth.
You are under a mistake in fact, I have Tyed you to nothing in the alotment of the City which the first purchasers then present did not readily seem to comply with ; and I am sorry to find their names te such an address as that presented to you, who have gott Double Lotts by my Replotment of the City from 50 to 102 foot front Lotts, and if they are willing to refund the 52 foot, I shall, as you desire, be easy in the Quitt rents, although this matter solely refers to the first Purchasers & to me as Proprietor.
To the Ninth,
You are under a great mistake to think that a fourth part of the Land laid out for a City belongs to any body but myself, It being reserved for such as were not first purchasers who might want to build in future time ; and when I reflect upon the great abuse done me in my absence by Destroying of my Timber and Wood, and how the Land is over run with brush, to the Injury and Discredit of the Town, It is small Encouragement to Grant your Request ; however I am Content that some Land be laid out for the accommodation of the Town, till Inhabitants present to settle it under the Regulations that shall be thought most Conducing to the End desired, about which I shall consult with those persons chiefly Concerned therein ; & for the rest of the 9th Article about the Islands, I know not which you mean nor on what Terms desired, It being an Independent pro- perty from ye Town and Province.
To the 10th about the ends of Streets and other publick Landings of this town.
I am willing to Grant the ends of Streets where & when improved, & the other, according to your Request.
To the Eleventh,
I am Content that no Licenses shall be granted to any Ordinary Inn Keapers but such as the Justices shall recommend, nor suffer them longer than the Magistrates find they behave well. To the Twelfth,
I do not understand it. For I have no Letters of feoffment, but Deeds which were Recorded by Ephraim Harman at New Castle, & by Jno West to the best of my memory at New York, and since Confirmed by the Order of Council for the time, as well as other- wise.
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PROVINCIAL COUNCIL.
To the Thirteenth,
I think this an unreasonable Article either to limit me in that which is my own or to deprive me of the benefit of Raising in pro- portion to the advantage which time gives to other men's propertys, and the rather, because I am yet in disburse for that long and Ex- pensive controversy with the Lord Baltimore, promised to be defray- ed, as appears by the minutes of Councill, by the publick. To the fourteenth,
I allow it, according to what I lately Exprest at New Castle, & it is not my fault it has not been done sooner.
To the fifteenth,
According to their own proposals at New Castle, I shall gratify. their desire, vizt : that the same Revert to me after a Certain time if not improved.
To the Sixteenth,
This I take for a high Imposition, however I am willing that they all lye in Common and free untill otherwise disposed off; and shall grant the same from time to time in reasonable portions and upon reasonable Terms, Especially to such as shall Engage to dreign and improve the same; always having a regard to back Inhabitants for their accommodations.
To the Seventeenth,
I cannot well understand it, therefore it must be explained. To the Eighteenth,
It is my own Inclination, & I desire the Representatives of New Castle and Chester forthwith or before they leave the Town, to attend me about the time and method of Doing it.
To the Nineteenth,
They shall have Liberty to fish, fowle & hunt upon their own land, & on all other lands that are mine untaken up.
To the Twentieth,
If it should be my lott to Loose a publick Support, I must depend upon my rents for a supply, and therefore must not easily part with them ; and many years are elapsed since I made that offer that was not accepted.
To the Twenty-first,
I agree that the Law of Property made at New Castle shall be in- serted in the Charter with Requisite amendments.
At a Council held at Philadia 30th 7br, 1701.
PRESENT :
The Proprietr & Governr.
Edward Shippen, Esq'rs. Thomas Story, Esq'rs.
Samll. Carpenter,
Caleb Pusey,
The Assembly having sent up to the Governr their further appli- cation upon Sundry of the 21 Articles exhibited in their former peti- tion, the same was read in these words :
The Assembly's further application to the Governr in answ'r to the Heads relating to Property :
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MINUTES OF THE
May it Please the Governour,
The Assembly having deliberately considered thy answ'r to their address, do Unanimously return thee their acknowledgemts for those several Heads thou art pleased to give them satisfaction in, but for- asmuch as the other Heads are no less Conducing to the general Good and Well Being of the Province and Territories, & presuming on thy tender disposition towds them, have debated on Each parti- cular Head and voted that they further apply themselves to thee as followeth :
Since you are here for your- selves let me be so by my Own Election. 1st. That the Commissionrs thou art please to promise may be invested with full and Compleat powers, & be obliged by some clause in the com- misssion to act without refusal or delays, accord- ing to the full & publick power thereof, & that it would please thee to nominate the psons to them. 2d. They humbly accept thy answer, with the Conditions, & desire to know what thou pleases to propose therein. 1
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