USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 5
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3d. That the misunderstanding abt the 10 acres, p. ct. be rectified, and the allowance for roads & highways be allowed to all Lands what- ever, whether already taken up or to be taken up hereafter.
My late Con- cession is my answer as p. Laws of Pro- perty. 7 5th. They humbly move the Proprietor would be pleased further to Consider of it as proposed in the Charter.
4th. They humbly accept of it & own it to their satisfaction.
A Conferrence on this. S
Granted.
6 & 7th. The Records chiefly intended by the assembly were those in being before the Proprie- & tor's first arrival Relating to Grants of Lands &c., & would be glad yt all Records be kept in good order, especially for time to Come.
8th. The assembly having tenderly weighed & Debated these 2 heads, Voted, that they be still insisted on and further applicaon be made to the Propry, humbly requesting to Call the parties Concerned therein.
9th. My former answer I adhere to, as just & true, & refuse not a Conferrence upon it.
. 10th. This not being rightly understood by the Assembly they humbly move the Propry to Explaine, desiring the Streets, as re- quested, & landing places may be granted to them, because I think to lessen the Town.
11th. They humbly accept of it and desire it be inserted in a Charter of Privileges.
Both Granted if the Latter can be by Ex- amplifications got by yª time hither.
12th. The Assembly Desires that such papers as were shewd to them in the Conference on this head, be recorded in the Territories and the deeds of feoffment for the 2 lower Counties, which, the Govr says, are in England, may likewise be record- ed in those counties within 18 months.
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PROVINCIAL COUNCIL.
13th. They humbly move the Proprietor would further Consider it as proposed, in regard to the Representatives of the lower Coun- ties thinks it necessary for the improvement of their & the Propry's interest.
14th & 15th. They humbly accept of those heads as they Propry is pleased to grant them, & desire to know the time proposed for re- version of the bank lotts in ye Town of N. Castle.
16th. They press this article no further, but leave it to the Pro- prietor's Consideration.
I dont under- 17th. That the rents may be paid as in the Duke's time.
stand this.
18th. They humbly accept of the Proprietor's answer and the Members of the House required will wait on thee to that end.
19th. They humbly accept of this & desire it may be included in the Charter.
ed this alrea-
I have answer- 20th. They humbly move the Proprietor would further Consider of it, in Regard to his former Pro- mises & their Dependance thereon.
dy.
21st. They humbly accept therof & Desire to know what amend- ments the Propry proposes therin.
At a Council held at Philadia the 6th & of October, 1701.
PRESENT :
The Proprietary and Governour.
Judge Guest,
Capt. ffinney, Esq'rs. Thomas Story, - Esq'rs.
Saml. Carpenter,
Ordered, that a Warrant be sent out against Silvester Garland for selling of Rum, &c., to the Indians, to answer it before the Gover- nour & Council.
At a Council held at Philadia the 7th & of October, 1701.
PRESENT :
The Proprietary and Governour.
Edward Shippen,
Jno. Guest, - Esq'rs.
Samuel Carpenter, Esq'rs. Caleb Pusey,
Thomas Story,
Griffith Owen,
The Bill for Regulating of Courts, prepared and digested by Or- der, was laid before the board and Ordered to be sent to this Assem- bly, and that Jno. Guest & Edwd. Shippen Carry the same, Which they did accordingly.
At a Council held at Philadia the 7th of October, 1701. P. M.
PRESENT :
The Proprietary and Governour.
Edward Shippen,
Samuel Carpenter, Jno. Guest,
Thomas Story,
Esq'rs. Caleb Caleb, Griffith Owen,!
Esq'rs.
Caleb Pusey,
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MINUTES OF THE
A Charter of Privileges to be granted by the Proprietor & Governr to the freemen & Inhabitants of this Province & Territories being prepared, was read and order in some heads to be further Consider- ed and Digested.
The Sachems of the Susquehannah and Shawanah Indians, with some of their People having Come to take leave of the Proprietor before his Depature for England.
He informed them that this now was like to be his last Interview with them, at least before his Return, that he had ever loved and been kind to them and ever should Continue so to be, not through any Politick Design or for Interest, but out of a most real affection, & Desired them in his absence to Cultivate friendship with those He would leave behind in authority, as they would always, in some de- gree Continue to be to them as himself had ever been. The Govr also informed them that the Assembly was now enacting a Law, ac- cording to their desire, to prevent their being abused by the Selling of Rum, with which Orettyagh, one of the Sachems, in the name of the rest, Exprest a great Satisfaction, and Desired that that Law might Effectually be put in Execuon and not only discoursed of as formerly it has been; they had long Suffered by the Practice but now hoped for a Redress, and that they should have reason to Com- plain no more.
And for the more effectually answering so good a Design, the Govr Desired that when ever any Transgressed the said Law, and Came, Contrary amongst them, to agreement they would forthwith take Care to give information thereof to the Govt, that the offenders they might be duly prosecuted ; which they promised to observe, and that if any Rum were brought they would not buy it but send the pson who brought it back with it again.
Then the Govr informed them that he had Charged the members of Council, and then also renewed the same charge, that they should in all respects be kind to them, and entertain them with all Courtesy and Demonstrations of Goodwill as he himself had ever done, which the said members promised faithfully to observe ; and making them some presents, they withdrew.
At a Council held at Philadelphia the 9th of October, 1701, A. M. PRESENT :
The Proprietary and Governour.
Edwrd Shippen,
Saml. Carpenter, Esq'rs. Thos. Story,
Caleb Pusey,
Esq'rs.
John Guest,
An act for the Destruction of black birds and Crows being pre- pared and twice read by the Assembly, was, by two of their members, presented to the Govr for his approbacon.
As also an act against Selling Rum to the Indians ..
Also an act Directing the Punishment of Larceny under 5 Shil- lings.
Also an act about attachments under 40 Shillings : All which were
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PROVINCIAL COUNCIL.
severally read and Considered, and some amendments being made, were returned to the House.
Two Members from the Assembly brought again the bill against Selling Rum to the Indians, also a bill against Hogg's running at large, repealing the former on that head, and informing that the Assembly had Considered the objections and alterations but that they Could not pass them otherwise than as they were at first pre- sented and the said Bills were laid on the board to be further Con- sidered. Adjourned to 3 in the afternoon.
At a Council held at Philadelphia the 9th of October, 1701, P. M. PRESENT :
The Proprietary and Governour.
Edward Shippen, Esq'rs. Samuel Carpenter,
Caleb Pusey,
Griffith Owen
Esq'rs.
Edward Shippen and Caleb Pusey were sent from this board, with a prepared bill for the Confirmation of the Laws past at New Castle, together with a petition on which the said Bill was grounded, from severall of the magistrates and officers of Philadia, Complaining that by Reason of Sundry objections made to the law past at New Castle, being without Bounds of the Province, the people so far scrupled to pay the same, as without Constant distresses the Sherif had no hopes to be ever able to recover the same, and therefore requesting that the said Laws might be Confirmed and all further objections thereby removed, and returning the bills for destroying blackbirds, &c., agreed to by the Govr; Also with a message to the House, requiring a Conference to morrow upon the bill about Indian Trade, the bill about Hoggs, and the amendments proposed in the bill of property.
And the said members, returning, reported that they had deliver'd their message, with the bills, and that the House would enter on the Consideration of the said Message and accordingly return their answer.
Two members from the House of Representatives brought to this board an act for Regulating Officer's fees, prepared, and twice read in their House.
Ordered, that the Surveyor Genl, Secry, Mr. of the Rolls, Clerk & other officers, this evening Consider the said act, and make their Report to this Board in the morning.
At a Councill held at Philadelphia, the 10th of October, 1701.
PRESENT.
The Proprietary and Governour.
Edward Shippen,
Samuel Carpenter,
Judge Guest, j Esq'rs. Thomas Story, - Esq'rs.
Caleb Pussey,
The House of Representatives meeting the Govr in a Conferrance, as proposed to them yesterday, the Govr told them he had Considered
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MINUTES OF THE
the bills they had sent him yesterday, and to the Hogg bill objected, that in the Penalty that part of the forfeiture which was formerly to the Govr was given away, and that he expected to have a due regard paid him in those respects, that something might be in his power to ease those that were innocently sufferers.
The Govr also let them know that he had further Considered the bill against Selling Rum to the Indians and Desired they would admitt of the Evidence of the Indians, without wch the Design of that act would be eluded, and that tho' they were not under the same Consciencious Obligation, as Christians are, to speak the Truth yet they might be obliged to it through the Terrour of some punish- ment to be inflicted on their giving false Evidence. The Govr also desired the bill for Regulating of fees might be further Considered, the Respective Officers to whom it was left to Consider it having Complained that if the Bill wer past as now drawn, the fees were so small that they would not afford them a necessary subsistence.
The Govr also proposed to the Assembly to Consider of some fitt persons to be proposed to him to Represent him in the Govmt in his absence, letting them know that he had wrote to his son many months ago, to recommend for the King's Approbacon Coll. Andrew Hamil- ton, Govr of the Jerseys.
The Govr also delivered to the Speaker, the Charter of Privileges, as prepared for their acceptance, all which the Speaker said should be laid before the House, and what the Governr had been pleased to give them in Charge should be duly Weighed and Considered.
At a Council held at Philadelphia the 13th & of October, 1701. PRESENT :
The Proprietor and Governor.
Edward Shippen,
Samuel Carpenter, Thos. Story,
{ Esq'rs.
Jno. Guest, Samll. ffinney, ? Esq'rs.
The Govr and Councill unanimously insist upon the first bill about persons Trading with the Indians for Rum, &c., apprehending that the latter Renders the End proposed ineffectual & have appointed two of the Council to go to the assembly or meet any Committee, by them to be appointed to Confer further about the same.
Silvester Garland of New Castle acknowledges, &c., in £100.
Upon Condition that he the said Silvester will not at any time hereafter Sell, Barter or Exchange Rum or any other Strong Liquor with any Indian or Indians, at any Indian Town or other place in ye woods, within this Govmt, for Skins or Peltry, &c., that then &c. Otherwise, &c.,-Acknowledged ye 13 of October, 1701, S .
Before Justice Shippen.
Adjourned till three in the afternoon.
Iidem qui Antea.
A Message to the Assembly to Desire them further to Consider of the Law about marriages, and the attest of attorneys as far as the
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PROVINCIAL COUNCIL.
first has given occasion to some members of the Ch. of England thinking themselves aggrieved thereby, and the Latter to the Attor- neys.
Adjourned till to morrow.
At a Council held at Philadelphia the 14th of Octobr, 1701, A. M. PRESENT :
The Proprietary and Governour.
Edward Shippen,
Thomas Story,
Samuel Carpenter, Esq'rs. Caleb Pusey,
Esq'rs.
John Guest,
Griffith Owen,
The members of Newcastle & Kent Counties, with John Hill for Sussex, appearing before the Govr, did remonstrate that on the 6th Day last, being the 10th Inst., a Certain Petition and Bill for Con- firmation of the Laws past at New Castle, being brought into the Assembly which Carried with it Consequences highly injurious and destructive to the Previleges of the Lower Counties, they Judged they Could not sitt while it was Carrying on without a manifest abuse to the Counties represented by them, and therefore they informed the Govr they thought it most expedient to Depart, and accordingly were about Departing to their respective habitations ; Upon which, the Govr making a further inquiry, and Desiring that Case to be Stated and matter of fact declared,
One of the said Members read a paper Containing their Exceptions & Reasons as follows :
Reasons delivered to the Governour from ye members of the Lower Counties agst passing ye act of ye Confirmacon of Laws :
1st. That the Laws made at New Castle, being owened on both sides to be good in themselves, must suppose some reason to re-enact or Confirm them.
But the reasons menconed in a Certain Petition brought In by the Justices and officers of the Court of Philadia have not strength, they having convicted none of Disaffection to the Laws past at New Castle, nor performed the Execucon past of the Law which in that Case was their Duty.
In the bill brought in to the House from the Governour, no reason is alledged for the Confirmation of Laws but this, (That it is usual and Customary) but the Laws so Confirmed were only temporary and a Necessity in those Cases were the reason, which Cannot hold in this, and we know it becomes no assembly to Enact or Confirm Laws without reason.
Further, the Consequence will be fatall to the Lower Counties, for their Representatives cannot make Laws in the Territories, but must come into the Province to make Laws which must effect the Terri- tories, which we think very unreasonable.
ffurther, by the late act of Union, the lower Counties were to have Equal Privileges in all things relating to the Govmt with ye upper, but to say or own ye laws past at N. Castle want Confirmation here, is to Discourage N. Castle to be the seat of Assembly hereafter, &
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to humour some persons but supposed to be Disaffected, we shall in- cur the Clamour of many hundreds in our own Counties.
lastly, If the laws made at N. Castle be not binding, we cant conceive yt their being Confirmed here wth the lower Counties in Conjunction with the upper will add any force or strength to them, unless they please to shew us what power they have more to make laws with us in the Province then we have to make laws with them, in the Territories.
Signed by us, the members of Assembly for the Lower Counties att Philadia, the 14th of October, 1701.
Jno. Brinkloe,
Jasper Yeates,
Wm. Rodeney,
Richard Halliwell,
John Walker, Adam Peterson,
Wm. Morton, Jno. Donaldson.
Luke Watson, junr.
To which the Governour gave his Several answers, concluding that as it has been a frequent Practice (as can be evidently proved) to Confirm the Laws of former Assemblies and in Engld, the great Charter has been Confirmed by at least 50 several acts, it could be no Derogation to the authority of the Laws past at N. Castle to have them Confirmed again ; that were He to stay He would not be for it himself; but that all Difficulties might be entirely removed in his absence, seeing some foolish Contests have arose, which, however groundless, might be improved in the Govr's absence, and Drive them into Confusion ; and that he took it very unkind, to himself in par- ticular, they would now give Occasion of a Rupture, such a Return as they would find perhaps he deserved better from their hands ; upon which they affirmed (J. Yeates) that it was not through any perso- nal disregard to the Govr, for whom they had always a sincere re- spect, but they must be just to their principals whom they Repre- sented, and therefore could not proceed unless they could act safely in Regard to the Privileges of their Counties.
The Govr proposed that they should meet before him and Council, within an hour, together with the rest of the House who should be sent for ; & then adjd. for one hour.
POST MERIDIEM, Iidem qui antea Simul cum, Samll. ffinney.
The Assembly having been sent for, both those for the Province and the Secluding members appeared, and the Govr lett them know That his time now being short, He must come briefly to ye point, That it was no small wound to him to think, that having at the earnest desire of the Lower Counties, as well as the goodwill of 'the upper, engaged in an undertaking which cost him at Least 2 or 3000 Ls. to make them one, they should now endanger a Rupture and di- vide themselves after they had been recognized as one, not only by the King's Commission to Govr Fletcher, but his Letters Patents for his own Restoration, & by the King's Several Letters, Govr as well of. the Territories as of the Province, and therefore would not have any thing resolved on but what was Considerate & weighty, lest it
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PROVINCIAL COUNCIL.
should look too unkind now at his Departure, and Carry a very ill report of them all to England.
The lower County members objected ; they were great sufferers by that act of Union, however it was at first intended, & could not support the burden of the charge. The Govr then told them they were free to break off, and might act Distinctly by themselves, with which they Expressed themselves well pleased and ready to joyn ; But the Govr told them it must be upon amicable Terms and a good understanding. They must first Resolve to settle the Laws, and as the Interest of the Province and those lower Counties would be in- seperably the same, they should both use a Conduct to each other consistent with that Relation ; and many things being talked over on the subject they all withdrew.
A Bill being prepared for the more Speedy & effectual payment of the Two Thousand Pounds granted the Proprietary, was read and ordered to be Carried to the assembly,
And Judge Guest, Saml. Carpenter and Tho. Story accordingly Carried the same, who returning, reported that accordingly to Order they had Delivered the said Bill, and that the House of Represen- tatives desired the said members of Council to report to the Govr that they would speedily wait upon the Govr with their answer, & recommend some persons to represent the Govr in his Govrmt & ab- sence.
A member from the House of Representatives, by Order of that House, waited on the Govr with a message, viz : That Hearing the Govr for some time Designed to leave the Town and go to his Plan- tation, and they being likely to have business of importance with him, They requested that (if possible) he would be pleased to defer his Journey or if there were a necessity for it, that he would be pleased to make a speedy return.
The Govr answered, That the urgency of his affairs were such that he could now no longer forbear visiting his family in Order to Settle the same, and that he would return as soon as possible ; in the mean time Desired they would report what they had done in respect to the persons to be.
The Speaker and 2 members from the House waited on the Govr & Delivered in the Charter of Privileges, with some alterations, & the Bill about Indian Traders, and further represented yt they had Considered what the Govr had proposed about the Govrmt &c. They humbly acknowledged the Testimony of his Good will in leaving so much to their Choice, but requested to be excused the person they approved of, but left all to the Govr.
As to the amendments in the Bill of Property, they feared they could do little in what was required, but would yet further Consider & Debate of it.
Ordered, that Jno. Corse be heard to-morrow.
At a Council held at Philadia, the 15th of October, 1701.
PRESENT :
The Proprietary and Governour.
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MINUTES OF THE
Edward Shippen, Saml. Carpenter, Esq'rs.
John Guest,
Caleb Pusey, Griffith Owen, 1 Esq'rs.
The Proprietor having in the morning wrote the following Letter with his own hand, the same was sent to the assembly : ffriends :
Your Union is what I desire, but your Peace and accommodation of one another is what I must expect from you. The Reputation of it is something, ye reality much more ; & desire you to remember & observe what I say; yield in Circumstantials to preserve Essen- tials, and being safe in one another you will always be so in Esteem with me ; make me not sad now I am going to leave you, since tis for you as well as for.
Your ffrd, Proprietor & Govr, W. P.
Richard Halliwell, Jasper Yeats and Willm Rodeney, appearing at the board, acquainted the Govr, That in pursuance of what had been this morning proposed to them, they had gone with the rest of the members to the House of Representatives, in order to proceed upon business, but those of the Province persisted so obstinately in refusing them any saving of their Privileges that would be consistent either with their honour or Interest, that they could not sitt, which they Came to inform the Govr of, and at the same time humbly to take their leave, being under a necessity of departing to their habi- tations ; At which the Govr, as well as they, expressed a Concern, but lett them know he believed, and that upon a further Inquiry it would be found, they stood not at such a Distance ; upon which the Govr proposed a message, and accordingly several were sent from the Council both to the House, of members sitting & the secluding members, and it was at length Concluded they should meet all toge- ther again and try to Compose their differences amongst themselves.
The Govr, having divers affairs to settle in his family at Penns- bury, went up thither on the 16th of October, and did not return till the 21st Instant.
At a Council held at Philadelphia, the 22d of October, 1701.
PRESENT.
The Proprietary and Governour.
Edward Shippen,
Capt. ffinney,
Samuel Carpenter,
Esq'rs. Thomas Story,
John Guest,
Caleb Pusey,
(Es'S.
The matter in Controversie between Jno. Corse, a Genoese, and Sarah Sanders, Widow, Executrix of her late husband, Charles San- ders, is by order of this board, referr'd to Judge Guest, Edward Shippen & Samuel ffinney, who shall give their Report to morrow morning.
It being made appear to the Govr and Council, by the Complaint of some of the neighboring Inhabitants, that the passage over the water, at frankfort, upon the highway, is much broken and Danger- ous, to the end the same may be forthwith amended, It is ordered,
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PROVINCIAL COUNCIL.
that the overseers of the high ways at ffrankford, and the Township of Oxford, equally Contribute to what is needfull towards the said Repair, and that Thos. Parson (for good Causes shewn) be obliged to Cut open the old water Course, or pay the sum of 40 shills. to- wards the same.
Adjourned till 4 in the afternoon.
POST MERIDIEM.
Ord'd, that Coll. Quarry be desired to attend this Board to-mor- row morning at nine of the clock.
At a Council held at Philadelphia, the 23d of October, 1701. PRESENT :
The Proprietor and Governour.
Edward Shippen,
Samuel Carpenter,
1 Esq'rs. Thomas Story,
Judge Guest,
Griffith Owen,
Caleb Pusey, Phineas Pemberton, 1 - Esq'rs.
Two members of Council were sent to the Assembly, in a message from the Govr, to let them know that his time was now so short they must expect to sett no longer than to morrow, and to return such Bills as lay before this Board.
A message from the Assembly, mentioning a petition signed by above one hundred hands of the Chief inhabitants of Philadia, to re- move the several Cloggs and Burthens upon Trade, to witt : ye Tunage of Ships, the Duties on Liquors, &c., wch being voted in the House and Carried, was proposed to the Govenr, who answered that in Case they would give an Equivalent he was content; upon which another message from the Council was likewise sent, but no answer made.
A Charter of Property was read & Committed to Samll. Carpenter, Caleb Pusey, Thos. Story & Phineas Pemberton ; also a Charter for the City Philadia, committed to Edwd. Shippen & Judge Guest.
At a Council held at Philadelphia, the 24th of October, 1701.
PRESENT :
The Proprietary and Governour.
Edward Shippen,
Caleb Pusey,
Samuel Carpenter,
Esq'rs. Thomas Story,
Esq'rs.
Judge Guest,
Phineas Pemberton,
Griffith Owen,
A message from the Assembly requesting the Govrs Resolution concerning the Bill for bringing actions against superiours.
Also concerning the Bill of fees; also, concerning the Preamble to the Confirmation of the Laws; also, the Charter of Property.
And to Desire the Govr to inform them whom he designs to leave to represent him in Govrmt, and who in Proprietary.
Judge Guest, Edwd. Shippen & Capt. ffinney. being appointed to hear & Examine the matter in Controversie between John Corse and
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MINUTES OF THE
Widow Sanders, and to make their Report, according to the former order, &c., and Capt. ffinney being absent, it is Referred to Judge Guest and Edward Shippen, who shall make their Report to this board to morrow morning at ten a Clock.
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