USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 7
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And upon a full Consideration and Debate of the Case it was Re- solved, That because the sd Dedimus is to six persons, of wch ye before mentioned Commrs are only three, or to any ffive of ye Coun- cil with the King's Collector of his Customs in the place, who by vertue thereof have Equal Power with the Commissioners to Admin- ister the said Oath, And Because it is to Continue in the Govern- ment from time to time to be administered to Each Govrnr that hereafter shall be appointed, for which reason the Council seems to be named as a Body Politick, that shall have Power to administer the said oath in time to Come after the Decease or Removall of the Commrs named; and Because the said Commrs are several & Private men, It may be uncertain where to search for and Difficult to Retrieve the said Instrument upon their Decease, or otherwise when there shall be occasion, and by that meanes the Succeeding Governrs be left exposed, It is therefore most Requisite & necessary that ye sd Dedimus be in the Custody of the Government : and thereupon 'tis
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Ordered that the same be Committed to ye master of the Rolls to be by him Kept with the Records of the Province, to use hereafter as well as now when occasion shall require ;
And upon a motion made that the said three Commissioners should be sent for by the Governr and acquainted with ye reasons & argumts of ye Council & their Resolution thereupon ; Ordered that according- ly they should be sent for.
And being come the Govr Informed them of the aforesaid Resolu- tion, and laid the aforegoing reasons & argumts before them, Press- ing them that seeing the Demands were such as in the Opinion of the Council could not with safety to the Government be Complied with, they would not any further Insist upon them, but laying aside all punctillois and Resentments, readily Discharge the Duty to which by the King's Dedimus they were called & Impowred, & yreupon the said Dedimus was tender'd to ym for their pusall, but they refused to touch with it unless it were intirely surrendered to ym & left in their Keeping.
Then the Govr desired to know whether, if the Council should not- withstanding all the Reasons alledged comply with their demands, however unreasonable, they would then administer the sd Oath as by the said Instrument required; to which J. Moore replied, that when the Instrument was deliv'd up to them they should Consider what was ffitt for ym to doe; But the Govr pressing a more direct answer, and they Refusing to give any further satisfaction, they De- parted and the Council adjourned.
At a Council held at Philadelphia, November the 15th, Anno Domini 1701.
PRESENT :
The Hono'ble ANDREW HAMILTON, Esq., Lieutent. Governr. Edward Shippen, Griffith Owen,
John Guest,
Thomas Story,
William Clark,
Some Things were debated, especially about Certain Dayes for the meeting of the Council, and the Road and broken Bridge Lead- ing out of the north End of the Town, But nothing concluded, being to be ffurther Consider'd the next sitting of this Board.
Adjourned till third day next, in the morning.
At a Council held at Philadelphia, November the 18th, 1701.
PRESENT :
ANDREW HAMILTON, Lieutent. Govr.
Edward Shippen,
William Clark,
John Guest, Thomas Story,
Griffith Owen, Samuel ffinney.
The Last Post having brought some Packets in which there was one subscribed ffor his Majestie's Service, upon the Propry's Order
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that all such should be opened by the Govr & Council, the said Let- ter was accordingly Opened, & being read was found to Come from the Lords of Trade, &c., & Proved a Duplicate of what the Propry had received before, acknowledging the Receipt of Letters Recomend- . ing a Correspondence between the Govrs in America, & Requiring an acct of ye Court Proceedings of this Government, & the Laws that have been revised according to ye Propry's Promise; which Last Clauses being Consider'd, it was Resolved, That an authentick Copy of the Law past the last Sessions of Assembly, at Philadelphia, Inti- tuled an act for Establishing Courts of Judicature in this Province & Territories, should be sent over to England, under the Great Seal, by the first opportunity ; also to Obviate some Objections that have been made against the Law of Marriage, Past at Newcastle, It is thought fitt that an authentick Copy from ye Records of ye Late Law past at Philadelphia, Repealing the fformer, should be also sent to ye Propry, and that the whole Body of all ye Laws now in fforce in this Government as soon as they can possibly be Transcribed under the Great Seal, as by the King's Letters Patentts to ye Propry is Required, and a motion being made by the Master of the Rolls that for y" Publick Benefit & more Genl. Information of the Inhabitants of this Government the Laws thereof now in fforce may be printed, It is Resolved, that notwithstanding the said Laws have not yet rec'd the king's Approbation, yet are binding on the People till Rejected, It will be highly Expedient for the Publick advantage and more ready administration of Justice, in the meantime, that the said Laws be printed : Provided, that the master of the Rolls (to whose care they are Committed ffrom time to time) to give Publick Notice of Every Law that shall be Either Rejected in England, or Repealed or altered here, which he Engages to doe, & yrfore Ordered, that the said master of the Rolls forthwith procure ym to be printed at his own Charge.
THE BRIDGE at the north end of the Town being broken down the last great Rain, and the Country much Incommoded thereby in being obstructed in their passage to and from the Town, It was laid before the Govr & Council that some effectual course might be taken to have the same redressed ; upon which sevrall Persons concerned in the said Road appearing, part urged that the late Bridge might be repaired without any alteration, the mounder dike over the swamp having already Engaged the Countrey in a great Expence, & yrefore was not proper to be alter'd. Others alledged that the first laying the road that way was Indirect, & the Bridge Ever proved Expen- sive, being so low down & neer the Creek's mouth. That, it being now Destroyed, the Road might be laid another way, about half way between the other Bridge and the Propry's Mill, which would Equally accommodate ffranckfort and the River's side with the other, and much the greater part of the Body of the County, & would by that meanes cast both Roads into one, which would be Easier maintain- ed, both by requiring less Repairs, and those also would have many more hands to support it; which being heard & consider'd, It is Or- der'd that there be Seven Persons appointed of those that desire a
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new road, viz : Grf. Jones, John Goodson, Samll. Richardson, Nich- olas Waln, Robert Heath, Daniell Pastorius & Arnold Castell; and seven other Persons, of those that stand for the Old Road, viz : Pe- ter Deal, Thos. Parsons, Joseph ffisher, Benja. Duffield, Robt. Adams, Jno Worral & Wm. Preston, who shall Confer together & measure, view & Consider both the old Road and the Place proposed for the new one, & Duly weighing together the General Conveniency & Utility of ye Inhabitants of that part of the County, make Report to this Board thereof, under their hands, on ye Second day next.
A PETITION of John Cock was read, Complaining of a will ptended to be signed & Sealed by his Sister, the widow Jenner, lately deceased, but upon due Examination is said to be found not authen- tick, & yrefore Requests by his attorney to be heard,
Ordered, That the Register Genl. make Report to the Govr (Con- cerned in this as Ordinary) of the true State of the Case, upon which further answer shall be given.
And then adjourned till 2d day next, at 9 in the Morning.
At a Councill held at Philadelphia, November the 24th, Anno Domini 1701.
PRESENT :
EDWARD SHIPPEN, Presidt. John Guest,
Samuel Carpenter,
William Clark,
Griffith Owen,
Thomas Story,
Upon the Debate and Question proposed at this Board at the Last Sitting thereof, about ffranckford Road and the Bridge at the End of the Town, It having been order'd that Seven Persons on Each side shall meet and make their report against this Day, which not being done nor the Order taken out, It is
Ordered, that a further day be given to make the Report, viz : Seventh day next, and that the Persons named meet to Confer ac- cording to Ordr on the 5th day next, at the Governr's Mill, at 10 of the Clock, and that if four of the said Persons on Each side sign the said Report, this Ordr shall be understood to be answred; and that instead of Robert Heath, named in the said Order, Thomas Godfry be appointed.
Adjourned to 7th day next, ye 29th Instant.
At a Council held at Philadelphia, November the 29th, 1701.
PRESENT :
EDWARD SHIPPEN, Presidt.
John Guest,
Thomas Story,
Griffith Owen, Samuel ffinney,
The persons appointed to view the Road and Bridge at ye North end of the Town, & to bring in their Report this day to this Board, accordingly brought in the same, severally, each with their reasons, but wthout any agreement on the whole, whereupon It was ordered, that the matter be deffer'd till the Govr himself shall come from
3*
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East Jersey, and that Then, if he thinks ffitt the Govr & Council may ride out themselves to the Place, & Personally view it, that they may be more able to determine it for the General advantage of the People.
Ordered, that the Councill shall meet the first third day of the week, (or Tuesday of Every Month,) and oftner as occasion shall require; but that because of the Govr's Absence, they be now ad- journed to the ninth of December ensuing.
Att a Council held at Philadelphia, ffebry the 3d, Anno Domini 1701
PRESENT :
The Hone'ble ANDREW HAMILTON, Esqr., Lieutent. Governr. Edward Shippen, Thomas Story,
John Guest,
Samuel Finney,
Samuel Carpenter,
An address to this Board from Edward Shippen, Nathan Stanbury, Isaac Norris and William Carter, assessors of the Proportion of the two thousand Pound granted by act of Assembly to the Propry, which was laid on the Town & County of Philadelphia, was read, requesting, that Whereas Thomas Farmer, appointed Collector of the said Tax for the said Town & Country, has neglected the Dis- charge of his Duty therein, by reason of which neglect great part of the said money is yet unpaid, to the Disappointment of the Propry, and Dissatisfaction of many of the well affected Inhabitants of the said Town & County who had paid their respective shares, for Pre- vention of any further delay or Disappointment. The Govr & Coun- cil therefore, would, in Pursuance of the Directions of the sd act, be pleased to appoint William Tonge, under Sherif of the said Town & County, to Compleat ye sd Collection, & be forthwith Obliged to Dispatch the same.
Ordered, that according to the sd Request, William Tongue fforth. with Proceed to Collect all the arrears of the said Tax upon the Town of Philadelphia, and that he give good Security for the Due Discharge of his Trust therein.
At a Council held at Philadelphia, April the Eighth, Ano Domi 1702.
PRESENT :
The Hone'ble ANDREW HAMILTON, Esqr., Lieutent. Governr. Edward Shippen, Samuel ffinney,
John Guest,
Samuel Carpenter,
Thomas Story,
Griffith Owen.
There having been, through a misunderstanding between the Justices of the County and the magistrates of the City, a Stop put to the Collecting of the Levies for the Propry, which was Ord'd the last sessions of Council to be forthwith Dispatcht by William Tonge, because it was alledged by the Justices of the County that it would
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be of Greater authority and less subject to Disputes if the magis- trates of the City, Instituted by vertue of the Propry's Charter, who have an extensive power as Justices of the Peace within the said City, should Concur with the Justices of the County, in Signing the warrant for Levying the said Tax by Distress, & would better Obvi- ate the apprehensions of some people, who Imagined that the Grant of the said Charter did in a great measure Disolve the Power of the Justices in & over the inhabitants of the said Corporation, to which reasons it was objected in behalf of the magistrates of the Corpora- tion, that the sd Tax was to be levied only by vertue of a Certain Law of this Government, which law directed such Warrants as should be Issued for Levying the said Tax by Distress, should be granted by one or more Justices of ye Peace of the County where the Person Refusing to Pay should reside, and that the psent Magistrates of the sd Corporation are not such Justices as seem to have been Intended by ye sd Law. That there was a Warrant already Signed by 4 Jus- tices of ye Peace, one of whom is an alderman of ye sd Corporation, which warrant, according to the Directions of the said Laws, being al- ready of Sufficient authority to putt the same in Execution, and that by it Distress has been already made, it needs no further Confirma- tion ; all which being duly weighed & Consider'd, It is Resolved, that the sd Warrt being already signed by four Justices, one of whom is an alderman of the Confirmation, it is of sufficient & Effectual force, & therefore 'tis.
Ordered, that the said Warrant be fforthwith Deliver'd to the Pro- per Officer to whom it is directed, & be immediately putt in Execu- tion.
Ordered that all affairs of pticular Persons, Cognizable before this Board, (not being the Publick affairs of ye Goverment,) shall be brought in by Petition to ye Gover & Council, deliv'd to ye Secry or Clerk yreof, for wch he shall receive six Shillings, & ye Door Keeper or Messenger for every Petition one Shill. & Eight pence.
Upon a Petition Signed by 3 of ye Justices of ye County of Bucks, that a Road now used and practised, leading from the King's road ending at the falls of Delaware, to ye upper Plantations, Situate higher upon and near the said River, has never yet been duly Sur- veyed, should be now Survey'd and Confirm'd by an Order of this Board, for the greater Security of those that use the same.
Ordered, That the Justices of the said County appoint proper Persons to survey & lay out the said Road, whose survey being by ym approved, that ye sd Justices make return of the same to this Board for their approbation.
At a Council held at Philadelphia, April the 21st, Anno Domini 1702.
PRESENT :
The Hone'ble ANDREW HAMILTON, Esqr., Lieutent. Govr. Edward Shippen, Thomas Story, John Guest, Griffith Owen, Samll. ffinney, Caleb Pusey. Saml. Carpenter, William Clark,
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The Goveror Informed the Board That he had been given to un- derstand that the Propry, before his departure, had proposed & In tended John ffinney, eldest Son of Capt. Samll ffinney, now Resident of the County of Chester, to be admitted a member of Council of this Government, upon which it was proposed to the Council & thereupon Order'd, that the sd John ffinney Should be fforthwith admitted, & accordingly.
The Said John ffinney was admitted and took the Several Oaths Injoined to be taken by officers in Government, and the attestation of a member of Council, & thereupon took a Chair at the Board.
Adjourned to 2 in ye afternoon.
-
The Same day Ja. Logan, Secretary, was admitted and qualified as a member of Council ; and this is ye reason why he is in ye sub- sequent minutes sometimes named as a member & sometimes omitted until ye arrival of Govr Evans, the 2d day of febry 1703-4, at Philadia. Roger Mompesson Esq., was called on ye 7th day after- noon ; the Proprietor's son, and ye said Secretary were called and for- mally admitted ye next morning, febry 8th, 1703-4 .- added this 12th of June, 1747.
At a Council held at Philadia, April 21st, 1702, P. M.
PRESENT :
The Hone'ble ANDREW HAMILTON, Esqs., Lieutent. Governr. John Guest, Samll ffinney,
Samll Carpenter,
Caleb Pusey,
Willm. Clark,
John ffinney.
The Govr acquainted the Board That, Whereas upon his Entrance into the Government he had proposed to three of the Commissioners named in the King's Dedimus Potestatem, under the great Seal of England, for administring the Oath appointed by act of Parliament ffor the better security of the Plantation Trade, to the Govr of this Province ffor the time being, that according to the Tenour of the said Instrument they would administer it to him upon the Propry's Co- mission of Deputation, but that they had Refused unless they could be gratified in certain Demands, wch not only then were in the opinion of ye Council, Judged unreasonable, but that Since he had procured the opinion of Judge atwood, appointed by Comission from the King, Chief Justice of the Governmt of New York, upon the Case who had declared that as he Conceived the Dedimus ought to be Kept in the Secry's Office, or such other place as has been used for preserving publick Records, wch ye sd Judge had given under his hand, and that for the further Satisfaction of some, he had also the opinion of one of the most Eminent Council of the Province of Maryland, who Concurred with the said Chief Justice in ye same.
But that, having upon their said Refusal deferr'd taking the said Oath till the time Limitted in the act of Parliament and Dedimus
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Potestatem was near Expiring, He was now under a Necessity of taking it by such other meanes as should be found agreeable to the Tenour of the said Instrument, & therefore desired to take it at the hands of Such of the Council as in their Consciences were free to administer an oath ;
And accordingly John Guest, Capt. ffinney & John ffinney, toge- ther with John Bewly, Collr. of the King's Customs ffor the Port of Philadelphia, Administred ye sd Oath in the Presence of the other members of Councel, who subscribed as witnesses to a Certificate In- dorsed on the sd Instrument, in the ffollowing words, vizt. In Pur- suance & by virtue of the within Instrument, Andrew Hamilton, Esqr., Deputed Governr of the Province of Pennsylvania and Coun- ties Annexed, by virtue of a Commission from the Honeble William Penn, Propry & Governr of the said Province, &c., At a Council held at Philadelphia, the 21st day of April, 1702, took the within Directed Oath at the hands of John Guest, Samll. ffinney, Esqrs., members of Council for ye sd Province & Terrs., & John Bewly, Esqr. Collr. of Her Majtie's Customs for the Port of Philadelphia, in the Prsence of the othr members of ye sd Council, hereunto sub- scribing.
Saml. Carpenter, William Clark, Caleb Pusey,
John Guest, Samll. ffinney, John ffinney, John Bewley, Collr.
At a Council held at Philadia, July the 1st, Anno Dom 1702.
PRESENT :
The Hone'ble ANDREW HAMILTON, Esqr., Lieutent. Govr. Edward Shippen, Thomas Story,
Samll. Carpenter, James Logan.
The Assembly Genl. being prorogued to this Inst., and there being no urgent occasion ffor which they should meet, the Govr with advice of the Council thinks ffitt further to Prorogue the same to the 20th of the 6th month next, and to ye same time is pro- rogued, & thereupon 'tis Ord'd, that a Proclamation be fforthwith drawn for Proroguing it accordingly.
At a Council held at Philadia, July the 5th, 1702.
PRESENT :
The Hone'ble ANDREW HAMILTON, Esqr. Lieutent. Govr. Edward Shippen, Samuel ffinney,
John Guest,
Thomas Story,
Samuel Carpenter,
The Govr Informed the Board that Certain advice of the King's Death, with Ordrs thereupon to proclaim Princess Ann of Denmark, Queen of England, &c., being arrived in all the neighbouring
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Govmts; also a Certain acct of war being proclaimed in England agst ffrance & Spain, and also ordrs arrived at Boston in New Eng- land to Proclaim the war there, with Packets to the Govr of New York to the same Effect; But that there being, by some miscar- riage, No orders yet arrived to Proclaim the Queen here, many In- conveniences are likely to Ensue should the sd Proclamation be deferred, & Especially that the English Dominions be now Engaged in a War, the Govr thinks himself obliged to invite such of the people as are inclin'd to it to Inlist themselves and form a militia, that all ptences of want of Defence may be removed, wch cannot be done but in ye Queen's name, & therefore 'tis necessary she should be first proclaimed.
Resolved, Thereupon, That Princess Ann, of Denmark, be Pro- claimed Queen of England, &c., in this City of Philadelphia, the Tenth Instant, at ye most Publick Places, about Eleven in the morn- ing, after the same form and manner as has been pformed in the neighbouring Collonies, & to answer all objections, if any should arise, Concerning the Continuance of Commissions upon the demise of the King, notwithstanding the King's sd Demise be not Judged to vacate Commissions under the Royal Charter to the Propry, as in Govrmts more imediately under the Crown, Yet that the Queen's Proclamation for Continuing all Offices for 6 months after the King's Decease, be read after the Queen is Proclaimed.
Complaint being made That there has been hitherto great remiss- ness in the officers appointed to Collect the Tax of 2000 £s. granted to the Propry, And the Causes being Inquired into, 'tis Order'd, That notice be once more given to ye Collectors of Philadia County, and of the rest of the Counties, forthwith to discharge their Duty in the offices they have undertaken, or that they forthwith incur the Penalty Inflicted by Law, & others be appointed in their stead.
Adjourned of Course.
At a Council held at Philadia, 7ber, ye 17th, 1702.
PRESENT :
The Hone'ble ANDREW HAMILTON, Esqr., Lieutent. Governor. Edwd. Shippen, Tho. Story,
Judge Guest,
Capt ffinney,
Samll. Carpenter,
James Logan.
Information being given to this board by Silvester Garland, an Indian Trader of Newcastle, that half a dozen Indians called Tack- wheetap & Posackaselt, two of ym of Delaware and the rest of Con- estogoe, on Sasquehannah, who had Lately return'd from the South- wds from hunting, were seen at ye sd Conestogoe with several pts of women's attire, viz : a Petticoat, White silk hood, Lace, &c., about them, and that upon a certain Occasion they Expressed them- selves as if they had murder'd the persons from whom they had taken them ; It was Consulted what method of Inquiry or process should be taken with ye said Indians, Seeing they were by their Several Treaties obliged to be answerable to the English for what
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Injuries or outrages they should Committ against them, and it was Resolved, that a Message with an Interpter was necessary in the ffirst place to be sent, but their being no Interpreter of that Lan- guage to be ffound who could be depended on for such a Service till Harry the Indian should return, who was gone to ye Onondagoes, & every day expected back again, It was further Resolved, the whole should be deferr'd untill the said Harry's return, upon wch a full Inquiry should be made, and ye Treaty wth ye Conestogoe Indians renewed and strengthened. In ye meantime 'tis Expected that ye Govmt of Maryland, who seems nearlier Concerne'd & has had Ear- lier Information, will make Inquiry also.
Complaint was made to this Board that the Collector of the Pro- portion of the two thousand pounds, granted by ye assembly to the Propry, laid on the County of Chester and ye sd Hollingsworth, by vertue of this Ordr, in Pursuance of the sd Law, is fully Impowr'd according to the Tenour thereof to collect ye Same.
adjourd of Course.
Att a Councill held at Philadia, 8ber, ye 14th, 1702.
PRESENT :
The Hone'ble ANDREW HAMILTON, Esqr. Lieutent. Govr. Edward Shippen, Thomas Story, John Guest, Capt. ffinney, Saml. Carpenter,
Caleb Pusey,! James Logan, Secry.
The Disunion to wch ye Repsentatives seem'd yesterday Inclin'd, appearing at this juncture to be of the highest Consequence, both in Relation to ye Propry at home and the Prosperity of Trade here. The Board Spent some hours in Considering meanes to Divert it. Several Papers sent over by ye Propry from England were read, con- taining Divers Informations and accusations against this Govrmt; & in Regard to ye first 'tis Resolved, That the Judges may & ought to appoint some other suitable Person to Prosecute the sd Criminalls, in behalf of the Queen pro hac vice, and that Justice ought no longer to be delayed as it too long has been, but be forthwith administred, according to the Lawes of this Government, by wch alone, while they are in fforce, all officers of the Govrmt can & must act, and by them must be defended.
With the Propry's Answer, Quary's Reply and the Propry's Re- joinder in Several heads, which accusations appearing to be in several parts, 'tis Order'd, that full answers be drawn up to ye sd accusa- tions, to be Transmitted to ye Propry.
WHEREAS, the Representatives who yesterday appeared, desired That such attestations might be administred to them as might qualify them for the Service for wch they were elected, Their Request being debated, 'tis Resolved, that such qualifications is both unusual & improper till they shall be in a Condition to Enter upon business, wch now they cannot.
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