USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 63
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At a Council held at Philadia., the 15th of Augst., 1713.
PRESENT :
The Honble CHARLES GOOKIN, Esqr., Lieut. Governour. Griffith Owen, Isaac Norris,
Thomas Story, Esq'rs. Robt. Assheton.
Esq'rs.
Richard Hill,
Upon further Enquiry & Examination of the Intentions of the person Interest'd & Concerned in the Sloop, in ye Order of the last Council mencon'd, And nothing appearing but that their designs are legal & honest. It is therefore ordered, that the sails & anchors taken from the said vessel, by virtue of ye said last order of Council, be Delivered them back by the Sherif.
At a Council held at Philadia., the 12th of October, 1713,
PRESENT :
Ye Honble CHARLES GOOKIN, Esqr., Lieutt. Governour.
Richard Hill,
Griffith Owen,
Jonathn. Dickinson, ) George Roche, Esqr's. James Logan, Esq'rs. Samll. Preston,
Robert Assheton.
The Govr. putt the Board in mind that ye meeting of the As- sembly of this Province was Drawing nigh, & Deem'd to know if they had any thing in their mind to Lay before them, & their ap- pearing nothing new, it was referred to the Govr., Only that the Govr. would be pleased to acquaint the Assembly that there is a very great abuse in the manufacture of flour, which if not stopt will very much Lessen the Reputation of the Province, & ruin the Trade thereof.
Mr. Logan acquaints the Board, that by the Propry. Commission to him as Secry., he is also Constituted Clerk of the Council, to act by himself or Deputy, that Robert Assheton has acted as his Deputy therein since his Going for England, that Ralph Assheton now begins to be fitt and Capable of business, and with the approbation & Con- sent of the board, he is willing to Constitute him his Deputy Clerk of the Council, to wch proposal the Board unanimously agreed.
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At a Council held at Philadia, the 15th of October, 1713.
PRESENT :
The Honble CHA. GOOKIN, Esqr., Ltt. Govr.
Griffith Owen,
Saml. Preston,
James Logan, Esq'rs.
Robt. Assheton,
Esq'rs.
George Roche,
The Govr. laid his speech before the board, & desired the Coun- cils opinion & advice upon it, and it being read it was agreed to, and a message being sent to Call the House they Came, and presented Joseph Growdon to be their Speaker, And then ye Govr. spoke to them as follows.
GENT. :
The Governmt. is not yet surrendered to the Crown, & its Proba- ble will not for many months, & Consequently I am still invested with the Proprietors Power, Which I am ready to make use of for the welfare of the People, in all their Reasonable Expectations.
But I must first Recommend to you, as I did to ye last assembly, that the £2000 Granted for the Queen's use, may be made ready paymt. when Demanded ; And that the Complaints of those persons, whose servts. were on the Expedition to Canada may be answered, for notwithstanding the Powers Given for the Raising that money, 'tis not yet paid in.
The Law for Cultivating a friendly Correspondence with our neighbouring Indians, I am Informed is allmost Expired. In my opinion, it will be necessary to keep up a friendship with them after the usual manner, tho' in time of Peace, since upon the foot we have always acted with them.
I am Concerned to hear that the Reputacon. of this Province in its Chief Manufacture, (wch was once so good) is now so much sunk abroad, Occasioned by the Covetous & Disingenerous Practice of some Bolters. This may be worth your Consideration.
Gent. : I take this opportunity to Give the Contrey my Thanks for the Care that was taken for my support; my administration of the Last assembly, and tho' the funds fall very short, I believe they intended well, and I promise myself the Defficiency will be made up by you.
And as their is no Govmt. in America where the Govr. is not in some measure supported in his administration, I hope you will not make a president in me of the contrary; I shall urge this no further, but leave it intirely to your Consideration.
The Speaker desired that those three things that were accounted the Privileges of ye House should be granted them, vizt. : ffreedom of speech, free access to the Govr. & a favourable construction of their proceedings, Which the Govr. assured them of.
In the afternoon of the same day the Govr. reced. from the House ye following address.
May it please the Governour :
The Delegates of the freemen of this Province of Pennsylvania, in Assembly mett, having considered thy speech to us this day, do crave
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leave to acquaint the Govr. that the same hath due weight with us, & that we shall Employ our best Endeavours to answer the Sev'll matters therein directed to our consideration.
But this House apprehending there is no part thereof wch requires an Immediate dispatch unless that of the support, and that in order thereto, they shall be better enabled to make a Calculation of the publick funds and deficiencys, when the Trade of this Year is closed by the winter, have thoughts of an adjournment to a further time, & accordingly propose the Twenty Eighth Day of December next, if that may suit the Governour.
And therefore at this time only in general add, That we return our hearty thanks for thy Continued offers of using thy Powers for the Welfare of the People.
That the last Assembly having (as was then presumed) Effectually provided for the due Collection & payment of the two Thousands granted to the Queen's use, this House will be ready to do what fur- ther may appear necessary on their parts, & in Order thereto Crave the Govr. will be pleased to Direct the Defects, & what is further Needful to be done therein, be more particularly laid before us at our next meeting.
That we still Continue the opinion of the Good people of this Province have always retained in relation to a friendly Correspon- dence with the Indians, & shall accordingly provide for its contin- uance.
We Joyn heartily with the Govr. in our Concern that the Reputa- tion of this Province, should not suffer by the Disingenerous Practi- ces of any in our Manufactures, & shall think of what ways we can for Remedy.
And lastly, as it is our Inclination & Intention, according to the best ability of those we Represent to support the administration of Governmt., so we shall appoint a Committee to Inspect the Publick accts. & Enquire into the Provisions wch have been made by the late Assemblyes, that at our next meeting we may be Capable to shew the Govr. Our Readiness in that Case.
Janry. 1st, 1713-4.
To Charles Gookin, Esqr., Lieut. Governr., &c.
The address of ye ffreemen of ye Province of Pennsylvia., in As- sembly met.
Humbly Sheweth :
That complaint having been made to this House that there are two several persons at one & the same time officiating as Register Gene- ral of this Province, wch we upon Examination find to be true ; & are of opinion that it is Injurious to the Queen's subjects to be left at such uncertainty, & to be obliged for better Security to the Extra- ordinary Charge of taking out Letters of administration from both, as some have done.
That upon hearing of Peter Evans & Benja. Mayne, the two per- sons pretending to the said office, it appears to this House that both have Commissions for Executing the said office of Register General ; The said Peter Evans from our Proprietary Willm. Penn, bearing
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Date 21 June, 1712, & Benja. Mayne from thyself, bearing Date 28 July, 1712 ; And it further appears that ye said Peter Evans hath given Security, & filed the same in the Prothonotary's office, as the Law of this Province directs, which the said Benja. Mayne having failed to do, & yet retaining the Papers & Records belonging to ye said office, this House is of opinion the same is become a further Grievance, & a plain Elusion of the Law.
Therefore it is the opinion & Request of this House that ye said Papers & Writings, as also the seal belonging to ye said office, be lodged in the Hands of the said Peter Evans, who by the Security Given as aforesaid, is obliged to re-deliver the same, with all other papers in his Custody, whenever it appears that another has a better Right to Exercise the said office.
17th, 12th mo., 1713-4.
To CHARLES GOOKIN, Esqr., Lieut. Govr. of ye Province of Pennsylvia. :
"We the Representatives of the Freemen of the said Province, " in Assembly mett, the 17th Day of february, 1713 -- 4, being much " concerned that the Govr. should be prevailed upon to insist That " we are not a House, because Eighteen of us did not meet on the " Eighth Instt., Do Earnestly desire that the Govr. would be pleased " to be informed That it was not any willfull neglect or slackness of " duty to serve the Publick, that was the cause of so small an ap- " pearance that Day, but sickness & Extremity of Weather, ren- " dered it impossible for Divers to Comply with that adjourn- " ment.
" Nevertheless fifteen mett that Day, & Eighteen the next, & " would have waited on ye Govr. to know his pleasure concerning " their next meeting; But the Govr. not being in Town, ye members " then present being a majority of the whole, agreed to Come to- " gether at this time, as was lawfull for them to Do, & hath been " formerly done upon such Emergency, and we hope the Govr. will " not be offended with us for being of this opinion, when he fully " Considers the Constitution & Nature of the Legislative authority " of this Province.
" We desire the Govr. to take notice, That the Royal Charter gave " our Proprietor & his Deputies Power to Enact Laws, by and with " the advice & assent of the freemen of this Province or the Greater "part of them or of their Delegates, whom for the Enacting the said "Laws, when & as often as need should require, the Proprietor & " his heirs should assemble in such sort and manner as to him & " them should seem best.
" Now by this Clause the law of majority is absolutely settled, as " is usual in all such assemblies : and pursuant to ye said power, We " find the Proprietor & freemen have Constituted a Standing annual " Assembly, to be Chosen at a certain Day, requiring their attend- "ance under certain Penalties, allowing them divers Privileges in " particular, besides all the Privileges of Assemblies in the Queen's " Dominions in General.
"We know it is objected, that unless two thirds of yo whole num-
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" ber of Representatives meet on ye Day of adjournment, there Can " be no House; which we can in no wise allow ; Because by the "Law wch requires two thirds to make an Assembly, it has been "generally understood that a lesser number could not act Legisla- " tively ; But never doubted till of late, that such as mett were a " House to adjourn from Day to Day, till they had a Quorum, & to "admitt of another Construction would render the Powers of ye " said Royal Grant, as well as our laws in that point, very ineffec- "tual, and make the Act of God the Instrument of Doing that ""great Wrong to the Powers of Assembly, contrary to known Maxim " & principal of Law.
" Therefore we Desire that the Govr. may Duly Consider ye Pre- " mises, and Joyn with us in Legislation, and not suffer the Insinu- "ations of any to frustrate our good purposes to serve the Govr. in " particular, & the Countrey in General.
By Order of the House,
JOSEPH GROWDON, Speaker."
At a Council held at Philadia., the 16th of July, 1714.
PRESENT :
The Honble CHARLES GOOKIN, Esqr., Ltt. Govr.
Griffith Owen, 1
James Logan, ¿Esq'rs.
Samll. Preston, 1 Esq'rs.
Isaac Norris.
Robert Assheton,
The Govr. acquainted the board that he had received from the Lords Commrs. of Trade for Plantacons, a Packet wherein was In- closed the Procl. of Peace with Spain; as also the Queen's Confir- macon & Repeal of several Laws of this Province, but the Reason of the Repeal of the sd. Laws (altho' said to be also inclosed) was not there ; and the same being read, were ordered to be Published to- morrow morning, at the hour of Eleven, and that the Corporation of Philadia. should have notice to attend.
It is also ordered, (the law for Establishing Courts of Judicature being one of ye Repealed Laws,) that Robert Assheton prepare a Draught of an Ordinance to Revive the Courts, to be laid before the board on Monday morning next at the hour of Nine.
At a Council held at Philadia., the 19th July, 1714.
PRESENT :
The Honble CHARLES GOOKIN, Esqr., Lieut. Governour.
Richard Hill,
Jonathn. Dickinson,
James Logan,
Isaac Norris, j Esq'rs.
Robert Assheton. } Esq'rs.
Pursuant to the last order of Council, Robert Assheton laid before the board the Draught of an Ordinance for Establishing Courts of Judicature in this Province, which being read, It was ordered to be Ingrossed & Published on Wednesday, the 21st Inst.
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Ordered that Warrts. Issue out to the Sherifs of the Respective Counties to give notice to ye present Assembly to meet the Govr. at Philadelphia, ye 3d day of August next.
At a Council held at Philadelpia., the 4th of Augst., 1714.
PRESENT :
The Honble CHARLES GOOKIN, Esqr., Lieut, Governour.
Caleb Pusey,
James Logan, Esq'rs.
Samll. Preston,
Jonathn. Dickinson,
Robert Assheton,
Esq'rs.
Robert Assheton was sent on a message to the House to acquaint them the Govr required their attendance immediately, & made re- port that they would wait upon the Govr. forthwith.
The Assembly attending, the Govr. made them the following speech.
GENT. :
I have lately received from the Lords Commrs. for Trade & Plan- tacons., as well the Confirmacon. as allowance of several of our Laws which according to Her Majesty's Command I have made Pub- lick. I lay the Letters & Orders before you, & recommend the state of the Province at this Juncture to your Consideration.
You will find in the Lords Commissrs. Letters mention made of the Solicitor General's reasons for the Repeal of some of the Laws, but they are not yet come to my hands.
I have only to add, that the year being almost Expired, you would give some dispatch to those affairs I laid before you at your first sitting.
To which on ye 6th of August, the Assembly present the following address.
The Address of the Representatives of ye freemen of ye Province of Pennsylvia., in general Assembly mett.
To Charles Gookin, Esqr., Lieutenant Governor of the said Pro- vince.
May it please the Governour :
We are obliged in duty to acknowledge thy Care & Diligence in signifying to us the Queen's Pleasure concerning our Laws ; and now having maturely Considered the Difficulties which the Repeal (laid before us) will bring upon the People, we find there is a necessity of preparing certain Bills, in order to be passed into Laws for their relief under the present Exigency. But for want of the Sollr. Genls. report of Reasons of ye said Repeal, We cannot at present Enter upon those Bills, lest we Re-enact what our gracious Sovereign has thought fitt to disallow, or fall short in making such provision for the ease and utility of her subjects, as in her great Condescension she may be willing to grant. We hope ye said reasons may shortly come to the Govrs. hands, & if it happen before ye next Election, we shall be Willing to do what is proper on our parts; In the mean- time, ye Course of Justice may not meet with an Intire stop, (as we
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conceive) Because ye Conusance of Pleas & other necessary Powers are so amply & effectually granted to the Justices of the respective Courts by their Present Commrs., and so well warranted by Law and the Royal Charter for this Province, that ye Repeal of the late Law of Courts does not vacate them.
Now for as much as the Ordinance lately made for Erecting of Courts if put in Execucon, may prove offensive to ye Queen, in that it seems to re-enforce the substance of the said repeal'd bill of Courts, adding likewise some powers to the six Weeks Court, wch may be as prejudicial to the People in General, as these Courts have been to the Inhabitants of the City & County of Philadia., And not only so, but it brings the Govr. under a necessity to put the Province to the Inconveniency of New Commissrs. to the Magistrates in every County, who for the most part being of the People Called Quakers, to act by those new Commissions without a Law, which we think may not be Decent or prudent to proceed upon, till we know the Queen's further Pleasure therein.
Therefore may it please the Govr. to wave the said Ordinance, & Issue forth such a Declaration or other Publick Instrument as may Direct the Approaching Courts to be held at the usual Days, Times, & places, & to Continue the Pleas & process then Depending before them, till the succeeding Courts, & to make all new process return- able accordingly. Before which time We hope that this or the next assembly may be furnished with the Sollr. Genlls. Opinion, which will be an Encouragement as well to proceed to ye Business formerly before this House, which also is recommended now by the Govrs. Speech, as to answer the Govrs. Just Expection, & Establish the People in their Rights & Liberties.
And ye next day, vizt : ye 7th of Augst., the Govr. sent by Ralph Assheton ye following Written message to ye House. GENT. :
I endeavoured yesterday all I could to gett a Councill to advise with what answer to give to your address, but in vain ; if there should be a failure of what is necessary for the Public Good at this Juncture, I hope it will not be imputed to me, as I was ready to do my part.
Although the Reasons for the Repeal of some of our laws are unhappily left behind, it does not follow that the Current of Justice should be stopt, as of necessity it must, if some Provision be not made for Inquest & Evidence. I leave it to your Consideration whether the Postponing a law to that end may not be prejudicial to the Countrey.
If you incline to adjourn, I hope you will examine the Trea- surer's acts, that I may know what money is Due to me from the Publick.
At a Council held at Philadia., the 1st of October, 1714.
PRESENT :
Griffith Owen, Richard Hill, James Logan, Isaac Norris,
1 Esq'rs.
Samll. Preston,
Jonathn. Dickinson, Robt. Assheton,
Esq'rs.
1
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Several Indians being come to town from Conestogo, & the Govr. being very much Indisposed, the Council mett to receive What they had to offer; And Togodhessah, Sotayyoght, Tokunnyataawogha, with some others, presenting a Bundle of Drest Skins, represented to the Board.
That they had always hitherto made it their practice to inform this Govmt. of all things of momt. that past amongst them; That they living in a near Neighbourhood & friendship with the Shawanois, they thought it convenient to acquaint us that Opessah, the late king of ye said Shawanoise, having absented himself from his people for about three years, & upon divers messages sent to him still refused to return to them, they have at length thought it necessary to appoint another in his stead, & presented the person chosen, by name Cakundawanna, to the board, as the new Elected King of the Shawanois, Desiring the approbation of this Govmt. of this their Proceeding.
The Board answered that what measures they thought fitt to take for their own Peace & safety among themselves, should be approved by this Govmt. as far as Just, and 'tis hoped what they have done was of necessity, & that they are satisfyed in it.
They then presented a 2d Bundle of drest skins, & said :
That they had informed us their old Queen was dead, as also are all their old men who formerly appeared for their nation, that they are now succeeded by a younger Generation ; That our methods are to keep Records of what is Transacted in writing, but that they also have sure ways of transmitting from one Generation to another what is necessary to remember, that these now living well know the leagues & bonds of friendship that have been between the English & their fathers, & that they, their Posterity, are resolved inviolably to observe the same.
In answer they were told their Present with what they said upon it, was kindly accepted, & they were desired to continue the same methods their ffathers had done, & to train up their Children in the same friendship towards the English that they themselves had been, that we & they may live in a firm peace together in all time to come.
The skins presented are 9 Bucks, & 15 Does, Drest wth 1 raw Buck, value about £3. 15. in ye whole. Ordered, that a Return be made to ye value of about ten pounds, with a present also to Harry, the Interpreter, besides their Charges ; & that the Treasurer see it performed, entering the acct. into these minutes.
At a Council held at Philadia., the 15th of October, 1714.
PRESENT :
The Honble. CHA. GOOKIN, Esqr., Ltt. Govr.
Griffith Owen,
George Roche, Esq'rs. Robert Assheton, Esqr.
The Govr. laid his speech before the Board, & Desired the Com- cil's opinion & advice upon it, & it being read, it was agreed to.
A message being sent from the House to know if the Govr. was ready to receive them. He told them he was ready to receive them,
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And the House being come they presented David Lloyd to be their Speaker, Who observing ye usual form, the Govr. spoke to them in these words.
GENTLEMEN :
The last year being run out, & nothing done by that Assembly, I must refer you to what I laid before them at their first sitting, & to what I Delivered to them the 4th of August.
The Speaker desired that those three things that were accounted ye privileges of the House should be granted them, viz. : Freedom of Speech, free access to the Govr., & a favourable construction of their Proceedings, Which the Govr. assured them of.
A message to the Board from the House, by Rich'd. Hill & Nicholas Pyle, signifying that the House being informed there is no legal notice as yet arrived in this Province of the demise of the Queen, for which reason the House are under some difficulty how to proceed, in respect to their Qualifications ; therefore, they are inclined to ad- journ to the 13th of December next, unless the Govr. see cause to call them together sooner.
At a Council held at Philadelphia, the 23d of October, 1714. PRESENT :
The Honble CHARLES GOOKIN, Esqr., Ltt. Governour.
James Logan,
Jonathn. Dickinson,
Richard Hill, Esq'rs. Robert Assheton, Esq'rs. Isaac Norris,
Mr. Logan acquainted the Board, that Coll. Hart, Govr. of Mary- land, had received by the last Post from Coll. Hunter, Govr. of New York, a Gazette & Proclamation Relating to the Queen's Death, of which he had taken a Copy which he delivered to the Govr. & was read at the Board ; and foreasmuch as the King had been proclaimed at Boston, N. York, & ye Jerseys, askt the advice of the Council if it was proper we should take the same measures; and it was the opinion of the Council it should be done with all expedition, & Wednesday the 27th Instant is appointed for the same. And accordingly, on the said 27th day the Elector of Hanover by the Title of George, by ye Grace of God, King of Great Britain, ffrance & Ireland, was Publickly proclaimed in the Markett place by the High Sherif of Philadia., the Govr. and Council, with the Corporation & its officers & the Gentlemen of the City attending, who were all handsomely entertained at Dinner by the present Mayor Richard Hill.
At a Council held at Philadia., the 23d of Novembr., 1714.
PRESENT : The Honble CHARLES GOOKIN, Esqr., Lieutt. Governour. Richard Hill,
Isaac Norris, Esq'rs. Jonath. Dickinson, Esq'rs.
Robert Assheton,
Upon the Peticon. of William Dilort, setting forth that he with
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several others, late Inhabitants of Placentia, since the surrender thereof, Embarkt themselves & Goods for Cape Britton in Accadie, on board the Sloop Margaret, Thos. James, Commander ; and meet- ing with a great storm at sea about Thirty five Leagues of the said Cape, were forced to scudd. for three days with the wind at N. North East, till they reckoned they were in ye Latitude of Thirty nine De- grees or thereabouts ; And the said master finding they were in no wise like to reach the said Cape, it being too late in the year, & the Wind blowing very hard, thought it more safe to make the best of his way hither ; And he the said Petitioner having on Board a small quantity of Oyl, Brandy, Claret, Gunpowder, and some mill'd Stockings he brought with him for his own use, Craved Leave of this Board to Dispose of the same, or as much as would suffice to support himself & six other persons During this Winter, And the premises being Considered, It is the opinion of the board, that the Collector & Naval Officer Do sell & Dispose of the said Goods, or suffer yª said Willm. so to do.
At a Council held at Philadia., the 14th of Decembr., 1714.
PRESENT :
The Honble CHARLES GOOKIN, Esq'r., Lieut Govr.
James Logan, Esq'rs. Jonathn. Dickinson,
Isaac Norris,
Robert Assheton.
Esqr's.
A message to the Govr. from the House, By Samll. Preston & Nicholas Pyle, to inquire whether he has received any particular Di- rections from the Ministry in Relation to ye Qualification of these members. To whch he answered that he had nothing particular of that kind, but had received some papers, which as they might not be unfit for their perusal, he would now send to them, & accordingly he Delivered the following :
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