USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 64
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1. A Letter signed by the Lords of the Privy Council, dated at Whitehall, 10th August, 1714, notifying ye Death of Her late Ma- jesty the Queen, & directing ye Govr. to proclaim his present Maty., K. George.
2. A Letter signed by the Lord Bolingbroke, to the same purpose.
3. A Letter from the Lords Commissioners of Trade & Planta- tions, to the same Purpose.
At a Council held at Philadia., the 17th of Decembr., 1714.
PRESENT :
The Honble CHA. GOOKIN, Esqr. Ltt. Govr.
James Logan, Esq'rs. Jonathn. Dickinson, - Esqr's.
Isaac Norris, Robert Assheton.
The Govr acquainted ye Board that he had last night reced. a mes- sage by 4 members of the House of Representatives, (vizt :) Nicho.
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PROVINCIAL COUNCIL.
Waln, Rd. Hill, Jos. Kirkbride, & Nathll. Newlin, informing him yt one John Millar, a Representative for Chester County, was De- ceased since ye last Election, & therefore they pray'd him to Ordr. the Secry. to issue a Writt as ye Law Directs, for Electing another to serve in his stead ; also that no less than nine members of their House being absent, & as they were informed, Detained by sickness, that the Govr. would be pleased to issue writts of summons to all the members of the House to meet him in assembly at Philadelphia, ye 2d of next month, by which time it might be hoped there would be a sufficient number in health to attend the Publick business ; for which considering the late repeal of our Laws, there appeared now to be more than ordinary occasion; and the Secry. was ord'd. to issue a writt for the Election of a member in the place of the Deceased, but the day for meeting the Assembly was thought fitt to be Deferred somewhat longer, vizt : to ye 11th of January next.
N. B. Samll. Preston Declining to take ye Qualifications injoyned by the Law, ye Speaker issued his Order to ye Secry. to issue a writt to ye Sheriff of Philadia., for electing another Representative in his stead.
At a Council held at Philadia., the 28th of febry., 1714-15.
PRESENT :
The Honble. CHARLES GOOKIN, Esq'r., Ltt. Govr.
Griffith Owen,
Samll. Preston,
James Logan, Esq'rs. Jonathn. Dickinson, Esq'rs.
Isaac Norris,
Robert Assheton.
The Govr. laid before the Board several bills he received from the Assembly, which were read, vizt :
A Bill for continuing a friendly Correspondence with the Indians.
A Bill Directing appeals to Great Brittain.
A Bill of Privileges to a freeman.
A Bill for better Determining Debts & demands under 40s., & for laying aside ye 2 weeks Court.
A Bill Impowering Religious Societys, to Buy, hold & Enjoy Lands, Tenements & heridataments.
A Bill for Establishing and Regulating fees.
A Bill for ye assigning of Bonds, Specialties & Promissory notes.
A Bill for ye Better recovery of fines & forfeitures Due to ye Govr. & Govrmt. of this Province.
A Bill for the better ascertaining the Practice of ye Courts of Judicature in this Province.
A Bill for Establishing General Quarter session.
A Bill for Establishing Courts of Common Pleas.
A Bill for Erecting a Supream Court of Law & Equity.
The Attorney Genall. & Robert Assheton are appointed to Inspect the Bills for Establishing Courts & make their objections, & lay be- fore the Council at their next meeting.
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MINUTES OF THE
At a Council held at Philadelpia., the 2d of March, 1714-5.
PRESENT :
The Honble CHA. GOOKIN, Esqr., Ltt. Govr.
Griffith Owen,
Saml. Preston, - Esq'rs.
James Logan, Esq'rs. Jonathn. Dickinson,
Isaac Norris, Robert Assheton,
The Bill for Continuing a friendly Correspondence with the Indns. was read, and the following amendments were proposed, vizt :
a. Add he shall be immediately apprehended, &
b. It shall be menconed to whom the security is to be given.
c. Add which Lycences shall be renewed yearly upon the same Recommendacon, unless ye Court who granted it see cause to Re- tract it, & notify the same to the Govr.
d. Lett the penalty be the same as in the former Bill ; it is the only method to Discourage such Trade, for to suffer the Goods to be Carried away, & only arrest the persons trading, (which abroad in the woods will be scarce practicable,) and to fine him no sum exceed- ing Ten pounds, will no way answer the Intention ; the Goods may be first secured, and ye Trader have his Tryal afterwards at Court upon this act, whether they are forfeited or not. But it is highly necessary at this time that sufficient provision be made to prevent our Indian Trade being carried into the Neighbouring provinces, which as the Govr. is Credibly informed is attempted by some mer- chants of great Note, who live in other Govmts., and seeing this Pro- vince is at the Charge of maintaining friendship with our Indians, 'tis but reasonable that it should have what Benefit Can be had from their Trade.
e. Read for their own immediate use & Cloathing of their families, and not for merchandize.
f. Lett the last Clause in the former Expired Bill be added.
POST MERIDIEM, 2d 1st mo., 1714-5.
PRESENT :
The Honble CHA. GOOKIN, Esqr., Lieutt. Governour.
Griffith Owen,
Samll. Preston,
James Logan, Esq'rs. Jonathn. Dickinson,
Esq'rs.
Isaac Norris, Robert Assheton,
The following Bills were read, & amendments made, to witt :
BILL FOR THE COURT OF COMMON PLEAS.
aa. All original & Judicial Writts ought to issue from the office.
'Tis endeavoured by the Bills now proposed, to make the practice Regular, but without this method it Cannot be so ; 'Tis the practice not only of England, but other Govrmts., nor is it fitt that any writt should be under a Private Seal.
b. To Entreat but once a year is too Tedious.
c. It seems to be so ordered by this Bill, and ye Bill for Practice, that not so much as a summons or writt of arrest can be had without
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PROVINCIAL COUNCIL.
ffeeing an attorney ; and tho' the fee proposed for a precipe be but one shilling, Yet the fee allowed for undertaking any Case must first be paid. The Assembly are Desired to Consider it, as also why most of the Clerk's business should be putt in ye attorney's hands.
BILL FOR QUARTER SESSIONS.
a. Subpoenas, &ct., should be under the County seal, & no other- wise for Divers reasons, & this particularly, that those of one County are not obliged to know every Magistrate of another.
d. Read according to Law & the Directions of the Judges.
BILL FOR PRACTICE.
aa. If a Writt abate, unless there be a precipe filed, an attorney must necessarily be Imployed, before any person can be arrested, as in note & in ye Court of Common Pleas.
eee. The House is Desired to Consider whether the Practice in these Cases, Mark (e.) and the sev'll Days for Pleading, were not better appointed by Rules of Court ; that if found in one moment, may be altered ; also whether the six Weeks' Court may not be so ordered as that Business may be very much Dispatcht by it without Injury to any person ; see the reasons for it given in the ordinance.
f. Writts of Error being Directed to the Inferiour Court, are allowed by the Justices of that Court, & the security given there, & not in the Court, in which they are to be removed
g. So that the Real Debt & Damages be of the value of fifty pounds.
BILL FOR RECOVERY OF FINES AND FORFEITURES.
The Govr. agrees to ye General Design of this Bill, being Desirous that ye Assembly from time to time may see what these fines, &ct., amount to ; but thinks the method of Entreating them too Tedious, nor Can he agree that it shall lie in the Judges Breast to remitt them as they please.
At a Council held at Philadelpia., the 14th of March, 1714-5. PRESENT :
The Honble CHARLES GOOKIN, Esqr., Lieut. Governour.
Griffith Owen,
Isaac Norris,
Caleb Pusey,
Esq'rs.
Saml. Preston,
Esq'rs.
Joseph Growdon,
Robert Assheton,
James Logan,
Bill from the House for Recording of Deeds was read, and the amendments following were made.
a. Lett the Incumbrances be restrained to those made or suffered by the Granter, as is usuall in such covenants.
b. The Rolls office is in Possession of an absent person who has for many years acquitted himself well in it, & enjoys it by the Propry's Patent ; therefore the Govr. cannot think it proper for him to make that void ; Besides, the Grant of that office has always been in the Propry. and Govr., and ought not now be alienated.
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MINUTES OF THE
The fee was always a penny for each Line till the Change of money, and then it was reduced to & as equivalent to ye other. This Bill lessens the business by leaving it to every persons' freedom to record or not, & therefore the fee ought not to be also lessen'd.
A Bill Intituled an affirmacon. Act for such who cannot for Con- science sake take an Oath, was read, & being largely spoke to; It was Considered, that seeing the bills for Courts & the Laws of Eng- land require Oaths to be taken by all those who are free to it, wch Oaths must be administered by such as can take them themselves ; and seeing those of Different perswasions from the people, called Quakers, have appeared so far dissatisfied with any affirmation ยท without the Sacred Name in it, that they have generally refused to act in conjunction with Quakers when such an affirmation was not used; and may now, 'its probable, be more averse to joyning with them upon their presuming to Re-enact what has so often been re- pealed by the Crown ; therefore, it is much to be Doubted that this will not be sufficient for supporting the administration of Justice, & which the Govr. in Discharge of his Duty is principally to Endeavour, and hereupon is obliged to refer it again to the House for their further Consideration.
POST MERIDIEM, Iidem qui antea, except S. Preston.
The return made by the House to the amendments sent them last week, was read, and answers ordered to them as in the papers of amendments.
A Bill Intituled an Act for Corroborating the Circular Line of Chester and New Castle, was read, and 'tis desired that the Patent for the Province, which is Expressly bounded on the Circular line, 12 miles distance from New Castle, on the Northern Western bounds thereof, should also be recited.
It is ordered that Joseph Growdon, Isaac Norris, Caleb Pussey, & James Logan, Carry to the House the Govrs. proposed amendments to the several bills, and that they speak particularly to the Bill of Courts, & have power to Confer with the House in all matters re- lating thereto, which amendments were as follows :
BILL FOR A SUPREAM COURT.
What the Govr. desires in all Bills proposed to him is, that they may be adapted as effectually as may be to the Ease and Benefitt of ye people, & that a Regularity may be preserved in all the parts of the administration.
f. There is nothing more desirable in administering Justice than ye Dispatch of it. But the adjourning of causes from one Court to another will Certainly occasion delay, & increase the Charges without any other visible effects besides these, unless persons skilled in the Law could be found & encouragement given them to sitt in the Pro- vincial Courts.
If such could be had all business might be better brought before them, but then it should be by the shortest method & the Process
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PROVINCIAL COUNCIL.
commenced there, till which time no more should be put upon such Judges as can be found than they may be free to undertake; but it is not probable that such as are generally in those Commissions, will take upon them to give Judgments in such matters of Law as other Courts have shifted of themselves; therefore, either every Court ought to proceed to Judgment in the Causes before them, or effectual provi- sion be made, that persons skilled in the Law should be appointed & encouraged to Determine ye more Difficult cases ; as it is now proposed, the Justices of the Courts may easily be moved to refer all such matters of Law to ye Supream, without any benefit to ye parties but to their great Expence, both of money & time, which ye House is again desired to Consider upon the notes & f. in the Bill for a Supream Court. The method also proposed for remanding actions to ye Inferiour Courts that have been removed thence into the Supream, which is marked in the Bill (e) ; but in the first amendments was taken notice of under the Letter (f) requires further Consideracon., the House having taken no notice of it in their amendments.
c. Writts should issue out of ye office, & not be drawn by attornies.
b. The Govr. is Informed that writts are always issued out of some office ; The only proper one for it here is the Prothonotaries, & there- fore he can see no reason why the practice should be altered ; if that office in Philadia. be of some Profit, yet in the other counties, 'tis so mean, that with all the Encouragemt. that has been hitherto given, 'its not always easy to find fitt persons to accept of it. If there be any thing in the office that wants amendment it may have it without introducing a new Practice, that is in itself irregular. .
COMMON PLEAS.
Lett ye words added, viz. : (under ye seal of the Respective Coun- ties,) be brought in after the word Grant, at the end of the fore- going line.
PRACTICE.
It Cannot be believed the House has Considered this objection, and are willing that no Creditr. in Chester or Bucks Counties, shall be able to take out a Writt against a Debtor, who perhaps may be re- moving, till he has repaired to an Attorney residing (as 'tis Probable) in another County, & brings his Precipe with him; therefore they are Desired to Consider it again, for such methods will render ye ob- taining of Justice Impracticable.
FINES & FORFEITURES.
The Govr. is by no means satisfied that his objections are answer- ed, & thinks he has very good reason to insist more particularly on the Latter.
CORRESPONDENCE WITH THE INDIANS.
The Intention of this bill is to maintain a good correspondence with the natives, to prevent their being abused or imposed on, & to secure the Trade with them to the Inhabtants of the Province, which is effectually provided for, the Govr. Desires that Trade may be left as free & open as possible.
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MINUTES OF THE
b. If the Security be given to the Propry. it must be by Bond, for which there should be one general form as usual. They should therefore be given at one office, wch may be done, & the Recommen- dation still arise from the County Court, if that be thought ye most proper method ; But the Penalty is too small.
e. If there be no alteration in this Clause the Design of this part of the act may be entirely eluded ; But a more effectual amendment would be to add a Clause laying a sufficient penalty on ye exporta- tion of any skins or ffurs, (but what are first English Drest,) by any other way than shipping for the merchts. of another Govmt., may employ licensed Traders, & send others to carry off the goods either over Delaware or down Susquehannah.
f. The Clause Desired here was inserted in the former Bills on the heavy Complaint of the Indians, Requesting that no Traders might be allowed to meet them in the woods on their return from hunting, till they arrived at their towns, for that being then greedy of Liquor, they were often cheated of the fruits of all their Labour, & returned to their families naked & empty.
DEBTS UNDER 40s.
The Govr. desires the House would further consider whether the summoning the Deft. to appear at a certain time and place, before wch time the Deft. may have opportunity of making up with the Plt., hearing and determining the difference in the face of the sun ; Entring the Cause of the Complt., and the Judgment on Record in a Book for that Purpose be not much more regular and preferable than haling a Debtor immediately before a Justice, who is to hear, determine, Judge & Execute all in a breath ; Besides it lyes in the Power of the officer to carry the deft. before what Justice he pleases, so that the plt. had perhaps better loose his debt than be put to so much trouble & inconvenience in seeking it.
At a Council held at Philadelphia, the 18th of March, 1714-15.
PRESENT :
Y. Honble CHARLES GOOKIN, Esqr., Lieut. Governour.
Griffith Owen, Joseph Growdon,
Jonathn. Dickinson, 2 Samuel Preston,
Esq'rs.
James Logan, Isaac Norris,
Esq'rs.
Robert Assheton. 7
The objections of ye House of Representatives to ye Council's amendments to ye Bill for Recording deeds were considered, and 'tis Insisted on, that as the Propry. in his Charter to the people has granted them the choice of such officers as could be thought fitt for them to have ye Election of, so nothing further can be granted, & the choice of ye Masters of the Rolls & Recorders of Deeds must remain as it is, of which the House is to be informed at the Confer- ence now to be appointed, and the rest of the objections may then be spoke to.
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PROVINCIAL COUNCIL.
Bill for fines & forfeitures, allowed as amended.
Bill for coroborating the Circular line of New Castle, allowed as amended.
Bill for Correspondence with the Indians, the objections to be spoke to at the Conference.
Bill for Determining Debts under 40s., referred to the Confer- ence.
Bill for a Supream Court referred to a Conference.
Bill for a Court of Common Pleas, referred to a Conference.
Bill of Practice, referred to a Conference.
Robert Assheton was appointed to go in a message to ye House, to inform them that the Council would meet with them as soon as con- veniently may be, to Confer with them upon ye several Bills now Ordered to be referred to a Conference, who returned and reported that the Assembly would meet the Council at their House at four of ye Clock this afternoon.
Upon the Peticon of Cornelius Connor, setting forth that he has for several years past made it his business & employment to ferry people with their Horses & Cattle from Philadelphia to Glocester & the Jerseys ; and has been at ye Cost & Charge of making a good & sufficient fflatt for the same, and that there being no ferry as yet settled, Whereby people are at a loss to pass and repass about their necessary affairs, Humbly crave that the Board would appoint him to keep the sd. fferry & allow him to take and receive a reasonable satisfaction for his trouble and Expense in attending the same ; Which the Board having taken into Consideration thought fitt to ap- point the said Cornelius Conner to keep the said ferry, and that he make his proposals to this Board what will be sufficient to satisfy him for his trouble and Expence in attending the same.
The Council having this afternoon mett the House of Repre- sentatives in a Conference, at their usual place of meeting, spoke to the Govrs. objections to the places noted in these six several bills, vizt :
For Erecting a Supream Court in Law in Equity. Establishing ye Court of Common Pleas.
Continuing a good Correspondence with the Indians.
Acknowledging & Recording of Deeds.
Determining debts under forty Shillings. Better ascertaining ye Practice of Courts.
And the Reasonableness of the objections being Explained and pressed, the Bills were left with the House for their further consid- eracon.
At a Council held at Philadia., the 19th of March, 1714-5.
PRESENT :
Ye Honble CHARLES GOOKIN, Esqr., Ltt. Govr.
Joseph Growdon, r
James Logan,
Esq'rs.
Jonathn. Dickenson,
Robert Assheton. Esq'rs.
Isaac Norris,
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MINUTES OF THE
The Bill for laying a Duty on Wine, Rum, brandy & Strong Li- quors & Hopps, Negroes & Indian Slaves, Imported in this Province, was read.
The Council Reported that they mett the Assembly at their House, & Conferred with them upon the last amendments to the six several Bills mentioned in the Close of the last preceding minute of Council, & that having pressed the unreasonableness of the proposed amend- ments, they had left them with the House for their further Consid- eration.
The bill of fees is Committed to the Council, who are to Consider it, & joyn with the House or a Committee, & go thro' the several Parts of it, to consult the several officers thereupon, as they see oc- casion.
The bill for assigning of Bonds, Specialties & Promissory notes being Considered, It is ordered to be amended.
At a Council held at Philadia., the 23d of March, 1714-5.
PRESENT :
The Honble CHARLES GOOKIN, Esq'r., Lieut. Govr.
Griffith Owen, 1
Isaac Norris,
Joseph Growdon, Esq'rs.
James Logan,
Robert Assheton. } Esq'rs.
The Govr. acquainted the board that after they had rose on the 19th Instant, Richard Hill & another member had returned to him the 6 Bills left with their House at the Conference the Evening be- fore : and that the House had agreed to several of the amendments proposed, and to some not; That he had proposed to them another Conference wth them, to be held the same afternoon, upon ye bill of fees & ye Impost bill, to wch they agreed ; but the Council not at- tending, he was obliged to manage it as well as he could himself, & had immediately after Committed the substance of what he said to writing, which was read in these words. GENT. :
Most of the bills returned you from the Council board being well digested there, I shall only observe to you that some of ym, Espe- cially that for Enabling Religious Societies to purchase Estates, being word for word, the same with that which is Disapproved. I know not how I shall excuse my passing it again.
The Bills for the Manner of Issuing out Writts is a Novelty no where practised in his Majesty's Dominions, & will not only Create Confusion in the Courts, but be a greater Expence to the people, to which I must add that it is inconsistent with the Trust reposed in me by my Principal, to mangle an Office he has been pleased to Patent.
The Impost Bill is of that Nature that the Council are more cau- tious in Giving their advice about it, so that being wholly left to my Self, I hope my objections will meet a friendly interpretacon.
That there is an arrear Due for my support for some time past, as well as a provision necessary for the time to come, I suppose Will be readily acknowledged; Which I mencon not as faulting the allow-
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PROVINCIAL COUNCIL.
ance made by the Bill, Could it be Certain, & received in a reason- able time ; But the method now proposed Will not, in my opinion, Raise any thing, for I am informed several merchants in this city Design to transmit home as soon as possible a Copy of it, and to Back it with a Good sum of money in order to get it repealed ; Which they say may be obtained in seven or eight months, for that most if not all the Laws Laying a Burthen on Trade hitherto sent home, have been Disapproved; in the mean time they resolve to Refuse paying the Impost, and if their Effects are seized, will Replevin & stand Tryal, and before Judgment Can be obtained the act may appear here repealed.
To this is added that if Trade is in this manner, and at this time, Burthened, it may be more so the next Year ; and at Last the mer- chants may be required to pay the Assembly men's Wages to pre- vent which they resolve to spare no cost.
Now admitt the merchants Complyed with the Act, the arrival of vessels is so uncertain that little is to be Depended on in that way, and I cannot propose to see one half of the first payment before the winter setts in, then no Assembly is to be Expected till the spring, by yt time or sooner I may be removed by death or otherwise ; and tho' the money is made payable to my assigns, there is no sufficient Grounds for an accon. against the Provincial Treasurer in Case he refuse to pay it.
GENT :
I cannot suppose you intend to Disappoint me, Therefore let all uncertainties be removed, & I shall, as near as is proper, answer your expectacons.
Griffith Owen and Isaac Norris were appointed to carry to ye As- sembly the Govrs. objections.
Who returning, reported that the House had risen.
Eodemdie, P. M. Two members called on the Govr., requested that he would be pleased to send ye House the several bills lying be- fore him ; accordingly he sent those five, vizt : for a Supream Court, for a Court of Commom Pleas, for ye better ascertaining ye Practice of Courts, for determining of Debts under 40s., and for laying an Impost.
He also delv'd to ym. his objections read at ye Board in the morn- ing, wch Griff. Owen & Is. Norris had been appointed to carry, but could not then Deliver ym., ye House being risen.
At a Council Held at Philadia., the 24th of March, 1714-5.
PRESENT :
The Honble CHARLES GOOKIN, Esqr., Lieutt. Govr.
Joseph Growdon,
Samuel Preston,
James Logan, Esq'rs. Robert Assheton, Esq'rs.
Isaac Norris,
Richd. Hill, Jos, Kirkbride, and Nathanll. Newlin, in a message from the House, brought the House's answer to ye Govrs. objections VOL. II .- 25
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MINUTES OF THE
communicated to them yesterday ; also the bill for enabling Religious Societies to purchase estates.
Nich. Waln and Nich. Pyle, in a message to the Govr., from ye House, desire to know whether the Govr. had gone thro' the bill of fees, & pray if he has that it may be sent to them, or if there occur any difficulties in it, the House will be ready to hold a Conference upon them. They were told in ansr. that the Board had the Bill in hand, & would make all reasonable dispatch of it.
POST MERIDIEM, the 24th of March, 1714-5.
PRESENT :
The Honble CHARLES GOOKIN, Esqr., Lieut. Govr.
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