USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 9
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69
The Govr answered He had Discharged his part to his utmost & acted as became him, That they had several times complained for want of being putt in a posture of Defence, that he had used his Endeavours, and if they would themselves be deficient, It must lie at their own doors & yrfore hoped they would complain no more.
That as to what he mentioned of things being on the anvil at home, He was of Opinion No Governr that should succeed him, would take it ill to see provision made for ye Defence of the Countrey, before his time, and that necessity requiring their Care at present, it was now their Incumbent Duty to Consider it with the earnestness & applica- tion.
81
PROVINCIAL COUNCIL.
The members of the Lower Counties excused themselves by de- claring their Readiness at all times to comply with the Queens Commands, or whatever might be for ye publick Good & Safety, & hoped they had or might upon occasion sufficiently make it appear.
The Govr still Insisted That words or Profession would not suf- fice, That now they had an opportunity of giving proofs of what they profest, but to stave it off by pretences that seemed to him as well as ye Council altogether vain and Groundless was a bad demonstration of what they had declared, and that it seemed Playing with Business first to promise they would Even strain a point and find out some method to proceed, if what was to be laid before them were of great Importance & yn Confessing it was of the highest, yet to lay it aside under pretence of not agreeing, because of the Several Methods they were called by, after which they were ordered to withdraw into the next room till the Govr with the Council might have time further to consider of it.
The Repsents accordingly withdrew, and the Board Entering into Debate of what was fitt to be done, but finding they should not have sufficient Time while the Represents were attending, a message was sent to Inform them that they should hear further from the Govr to morrow, and that at psent they might Depart.
The Govr & Council Entring further into the Consideration of what this Exigency Required to be done, It was first Resolved,
That the Representatives of both the Province and Territories were Legally Elected, as far as appeared to this board, those of the Province being duly Elected by the Charter, and the Terr's. having Omitted their Duty on ye Day, were Legally chosen by a writt and had appeared.
That those writts being grounded on the Charter, and the People having elected by them, the Terr's had in that so far Recognized the Charter, and might very well now proceed to business as well as elect before.
That in Case they will not by any meanes agree to proceed, They Should be prorogued for some Convenient time.
That Questions be proposed to ym in Writing, to be answd posi- tively under their hands, whether they would act jointly or not, and then adjourned to 9 in ye morning.
At a Council held at Philadelphia, November the 19th, Anno Di. 1702.
PRESENT :
the Honeble Andrew Hamilton Esqr., Lieutent Governour.
Edward Shippen, Willm. Clark,
John Guest,
Tho. Story,
Saml. Carpenter,
Caleb Pusey, James Logan, Secry.
The Council being mett, entred ffurther into ye Consideration of ye answers given last night by ye members of Both Province & Ter- ritories, and of their own Resolution, of sending certain Questions VOL. II .- 4
82
MINUTES OF THE
to be answ'd in writing; Ordered that ye following 3 quests be sent in these words vizt :
The Reps for the Province and Terrs. of Pennsilvania, now con- cerned, are desired by the Govr & Council, to answer the following Questions under their hands, as they severally relate to ym :
Ist. Are the Repsentatives of ye Province willing or not to Joyn with the members of ye Lower Counties in one Assembly, on the ffoot they are now respectively Called :
2ndly. Are the members of ye Lower Counties, willing or not willing to Joyn with those of ye Province, on the ffoot they are now respectively call'd.
3dly. What methods do those that refuse, (if either doe,) pro- pose for the fforming of an Assembly to prevent the Govrmt Suffer- ing for want of one, when affairs of such Importance have been proposed require their Imediate Service.
Which Questions were sent accordingly.
A Message from the Rep's. Returned the foregoing Questions de- siring they might be sent on distinct papers and signed, as yo Council usually Sign things Issued by their Order.
Ordered thereupon, that ye Questions be drawn out accordingly on Several papers, & Signed by ye Secry as Clerk of ye Council, by their Ordr, as has been usual; which was accordingly done & sent in 3 sevll papers, & yn adjourned till 3 in ye afternoon.
Hora 3tia, Present Iidem qui antea.
The Representatives of both Province and Territories, after some considerable stay, at Length by a message, desired to know of the Governour and Council, when they might attend : To which An- swer was made forthwith if they were ready.
Accordingly they came, and Joseph Growdon, in the name of the rest acquainted the Govr that they had the Questions sent to them by Ordr of Council, and having maturely Considered them, they of the Province and those of the Territories Distinctly, they had seve- rally drawn up their answers in writing, wch they gave in, and that of the Province was first Read in these words :
We, The Representatives of the Freemen of the Province of Pen- silvania, are both willing and Desirous to Proceed in Ordr to act in Assembly, according to the Direction of the Charter, Being the foot on which we conceive ourselves called and Convened. Witness our hands the day and year first above written.
Andrew Job, David Lloyd, Griffith Jones,
Nicholas Pyle, Antho Morris, John Swift,
John Warrall, Jer Langhorn, Willm Paxon.
John Bennett, Joseph Growdon,
Those of the Lower Counties also presented theirs in the following words :
Philadelphia, November 19th, 1702.
The answer to two propositions sent to the members of the three Lower Counties by order of the Governour and Council.
83
PROVINCIAL COUNCIL.
The said members finding they are called here on a different foot with those of the upper Counties cannot, if there was no other ob- stacle, joyn with them in Legislation, But are cheerful and willing when warrantably convened to proceed in Assembly to answer her majesties Commands, & such other matters of Importance as shall then be laid before them, though they'll not psume to direct the Governmt in what methods to convene them, they supposing it not their business but that of those who rule over them.
Signed Robt. ffrench, Richard Halliwell, Jasper Yeats, Evan Jones, Thomas Sharp, John ffoster, John Hill, Joseph Booth.
Both which being severally read, The Governour answered to those of the Province, That their answer eluded the intent of the Question which was laid in positive words to obtain the Like answer, instead of wch they had Returned one wholly ambiguous and there- fore desired them to explain whether they meant by these words, [That they were both willing and desirous to proceed in order to act in assembly according to the direction of the Charter.] That they were willing now to proceed in conjunction with the Lower Counties as called, or that they were desirous according to Charter to have more members added. To which some of the members answered they Intended by it that they were willing now to proceed on the foot they were now chosen with the Lower Counties. David Lloyd Insisted that they had given their answer agreed on ye Govr Con- tinued to require their Intentions severally, To which Anthony Morris answered, That it expressly his meaning to proceed forthwth in Conjunction with the Lower Counties on ye foot they were now Chosen, wch he understood to be Charter, that he took to be the meaning of their answer and of all those that signed it, & Repeating this Severall times over desired that if any other member had any thing to object against this he prest that they might speak, David Lloyd continued to interpose that the Question might be no further urged, affirming their answer was Plain and clear, tho the question was double and ambiguous.
The Governour still Insisted that they might severally and ex- pressly declare their meaning, but those of the Lower Counties and David Lloyd opposed, still Requesting the Question might be no further put, upon which they were Licensed to withdraw, and de- sired to wait on the Govr to morrow at ten of the clock, at which time they should have their full answer; till when the Council ad- journed.
At a Council held at Philadia, 20th 9br., 1702.
Present : the same as before.
The Govr and Council Entring into Consideration what was fitt to be done, and the psent Circumstances of things relating to this Go- vernment being duly weighed, It was resolved to be at this Juncture most expedient to Dismisse the members, both of Upper and Lower Counties, till time might offer some Occasion by advice from Eng- land, or otherwise facilitate or necessitate their better agreement, or finally to divide them,
84
MINUTES OF THE
Whereupon a Message was ordered to know if they had met, and desire their attendance on ye Governour, and being come they were asked if they had any thing to add to their answers given in last night in writing, to which they answered they had not; then the Govrnr. addressed himself to them to this effect :
Seeing neither the Importance and weight of what had been laid before them, first verbally and after by a message more fully in wri- ting, nor the ill consequence of a separation could prevaile with the members of the Lower Counties to proceed at this time with those of the province in Legislation, wch separation must needs ensue, or the Province be left in a very ill state if the members of the Counties continue to insist on the same objections as now, and pretend other obstacles, and seeing the members of the Province were not a Suffi- cient number to act, the Governour was unwilling to spend their time any further to no purpose, and therefore, with advice of Coun- cil, thought fitt to Dismiss them, and accordingly they were thereby Dismissed.
And the Council adjourned of course.
-
Memorandum.
In the afternoon all the members of the Province waited on the Governour, and by an address under all their hands and Seals De- sired that according to Charter they might be enabled to hold an Assembly by the addition of more members for each County, and two for Philadelphia City.
Mendm also, That all the sd members, (Joseph Growdon & David Lloyd excepted,) declared one by one their intention was to proceed Immediately.
The address was in these words :
To ANDREW HAMILTON, Esqr., Deputy Govr of the Province of Pensilvania, &c. :
The Humble Address and Request of the Representatives of the ffreemen of the respective Counties of Philadia, Bucks & Chester, Elected to serve in Assembly for the said Province,
In all humble manner shew :
That Wm. Penn, Proprietary and Govr of the said province, &c., by his Grant or Charter Under his hand and broad Seal, bearing date the Twenty-eighth Day of October, in the year 1701, Did Grant unto the Inhabitants, ffreeholders and others of this Province and Territo- ries, divers Immunities, Rights & Privileges for the well being, Good Governmt, and Benefit thereof, In and by which Charter the said Proprietary did, amongst other things, declare that if the Represen- tatives of the Province and Territories Should not hereafter agree to Join together in Legislation, and that the same should be signified to the said Proprietary or his Deputy, in open Assembly or other- wise, from under the hands and Seals of the Representatives (for the time being) of the Province or Territories, or the major part of either of them, at any time within three Yeares from the Date of the said Charter, That in such Case the Inhabitants of Each
85
PROVINCIAL COUNCIL.
of the three Counties of this Province should not have less than eight Persons to Represent them in Assembly for the Province, And the Inhabitants of each County in the Territories should have as many persons to Represent them in a Distinct assembly for the Territories, as should be Requested by them as aforesaid as by the same Charter Relation being thereunto had, may more fully appeare.
Now for as much as the freeholders of the three Counties of this province, To witt : Philadelphia, Bucks & Chester, according to the Direction of the said Charter, having in their severall Counties mett on the ffirst day of October last, and by a majority of voters Elected us whose names are Subscribed to be their representatives in assem- bly, as by the returns of the respective Sheriffs may appear, And we making our personal appearance here at Philadelphia, on ye fourteenth Day of the same month according to the Charter, to attend the Governour in Legislacon, & to doe & perform our Duty & Service in Assembly.
And the Secretary in Council then declared, That no Repre- sentatives were Returned to serve in this Assembly for the Territo- ries, to witt : The Counties of New Castle, Kent and Sussex, Which manifestly proved their Disagreemt to and non acceptance of the sd Charter.
Nevertheless It pleased the Governour & Council to indulge them so farr as to Issue forth Writts Impowering them (notwithstanding their said Omission or neglect,) to chuse their Representatives to serve in this Assembly, and most of us then agreed to meet here on the Sixteenth of November instant, in order to receive them & pro- ceed to business.
In pursuance of which writts, it seems the sd Inhabitants have Elected and sent up their Delegates, who after several Debates and Conferences about their and our Joynt acting in Assembly, they were pleased to Express their vnwillingnesse therevnto, And fur- ther declare their Dislike of the said Charter, and refused to agree to Joyn together with us in Legislation by vertue thereof, Which lays a necessity vpon vs humbly to Signify the same under our hands and Seals, Earnestly Requesting That thou wilt be pleased, either by writt or otherwise, to Cause our Number to be Compleat as the said Charter directs, that is to say, for each County of this Province four more members and two for the Town of Philadelphia, (now Incorporated,) added vnto us, whereby we may be Enabled, with as much Expedicon as may be Considering our present circum- stances and Emergency of Affairs to act in Legislacon, and to pre- vent the great Inconveniency that we conceive will attend the Pro- vince by being not in a present posture to answer the Exigencies of Government in form of an Assembly, desireing that the number of nine members may be made vp to represent the County of Bucks, and as many for the County of Chester.
Joseph Growdon, John Swift, William Paxon,
Samll. Richardson, Griffith Jones, Nicholas Pyle,
86
MINUTES OF THE
Jer. Langhorn, David Lloyd,
Andrew Job,
John Bennett, John Worrall.
Anthony Morris,
I sine with Exception againste ye adionall member more then Eight for bucks and Chester County, by Griffith Jones.
At a Council Held at Philadelphia, 20th 11 mo., 1702.
PRESENT :
ANDREW HAMILTON, Esquire, Lievt. Governour.
Edward Shippen,
Thos. Story,
John Guest,
Caleb Pussey,
Samll. Carpenter,
James Logan, Secretary.
A certain master of a Ship lately arrived here loaded with Log- wood, named Dun, having been Committed to Philadelphia Goal upon an Information of murther done on the High seas. It was de- bated by what method the said Dun ought to be tryed, and Espeti- ally whether by 28th Hen. 8 or 11 & 12, William 3, for Trying Pi- rates, &c. for Crimes done at Sea, Both which being duly weighed and Considered, It was Resolved, that because it cannot be agreed whether the 28th Heny 8 extends to this Province, or if it doe extend it does not appear that any such Commission as by the said Statute is directed can possibly be Issued here. And because it cannot be agreed whether murther is triable by the said 11 & 12 Willm. 3, and if it should be found so, yet the act Requiring the Kings Commission to be read in the Court before Triall, and the Commission for this place not being in the province, no Court can he held here unless the said Commission can be procured from Maryland ; Therefore it will be safest to write to the Proprietr in England, that he may procure Directions there for the said Trial, Unless a method for trying him by the said 11th & 12th, Wm. 3 can be found
Ordered, That a Commission of Oyer and Terminer be Issued forthwith, To Deliver Philadelphia Gaol, directed to Judge Guest, Capt. ffinney and Edward ffarmer, of whom any two to make a quorum.
At a Council Held at Philadelphia, 9th 12 mo., 1702.
PRESENT :
EDWARD SHIPPEN, Prest.
John Guest,
Griff. Owen,
Saml. Carpenter,
Saml. ffinney, Thos. Story, James Logan, Secret. ? Esqr s.
Whereas, a Commission hath been Issued by the Govr, In pursu- ance of the last Order of this Board, under the Great Seal of this Governmt, for delivering the Gaol of Philadelphia, on the 23d of this Instant, and the following dayes, directed to Judge Guest, Captain ffinney, and Edward ffarmer, Esqr. ; and whereas, the prose-
87
PROVINCIAL COUNCIL.
cution of the Criminals in the said Gaol, being Office of the attorney Genl, It is necessary that he should have timely notice thereof, that he may be duly prepared; Tis therefore ordered, that notice of the said Commission be forthwith given to the said Attorney Genl, by the Justices afore named, or a quorum of them.
Upon the application of Robert Ashton, Clerk of the County of Philadelphia, That in pursuance of the propr and Governour's Com- mission for the said Office, he may be putt in possession of the Re- cords of the said County, which have hitherto lain Scattered in sev- eral hands, and particularly that he has never yet Reced any of them from his pde In the said office David Lloyd.
Ordered, That the said David Lloyd, and every other person in this Government, who hath any of the said Records in his or their possession, forthwith Deliver them to the said Robt Asshton, upon sight of a Copy of this Ordr, under the Secretary's hand; And that the sd Robert make Report of his Execution of the said Order.
At a Council Held at Philadelphia, 13th 2 mo., 1703 EDWARD SHIPPEN, Presidt. William Clark,
Saml. Carpenter,
Griffith Owen, Thos. Story,
James Logan, Secretary.
William Clark, Edward Shippen and Thomas Masters, Provincial Judges of this Governmt, Report to this Board, That this being the return of the Provincial Court, for the County of Philadelphia, they have called the said Court according to Law, and impannelled a Grand Jury, that there is a probability of some presentments being made, but that the Attorney Genl, pleading a great Indisposition of Body, there is none to prosecute the Criminals in behalf of the Queen ; And therefore crave the oppinion of the Council What ought to be done therein, that Justice may not be delayed.
Also, that in Case any person now Coming to Triall, shall be found Guilty of manslaughter, to which crime the Bennyfit of Clergy is al- lowed by the law of Engld, what method will be most proper in this Government to admitt the Criminals to the said Benefit, and adminr the same.
Both which being duly considered and Debated in answer to the last : Tis Resolved that according to some presidents in England where the Ordinary, whose office it is generally Judged to adminster the said Benefit of Clergy, is absent, or there is none in the place, in such Case the Bench has full power to administer it themselves.
At a Council held at Philadelphia, 4th 3 mo., 1703. Martis.
PRESENT :
EDWARD SHIPPEN, Presidt.
John Guest, Thos. Story, Griffith Owen,
Samll. ffinney,
Caleb Pusey, John Blunston.
88
MINUTES OF THE
Edward Shippen, Presidt, Informed the rest of the Board that he doubted not but they were acquainted with the mournful occasion of their meeting at this time, viz : the decease of our late Lieutenant Govr, and that it is now Incumbent upon them in pursuance of the Proprietaries' Commission to the Council, to take care of the peace and well being of the Governmt, and thereupon desired the advice of the members therein.
It was moved that the Commission should be read, which accord- ing was read, and ordered thereupon that the same should be forth- with published in due form in the market place, And the said mem- bers doe unanimously agree to act according to the best of their ability, in pursuance of the Powers wth which they are invested by the said Commission.
It was further moved whether any further qualification was neces- sary, besides what they had already taken at the first opening of the said Commission, upon the Lievt. Gov'rs Entrance on the Governmt, and it was Resolved, that the said Qualifycations were sufficient, all the requisitt attestations &c. having been then taken.
POST MERIDIEM 3ia Hora.
PRESENT the same as before, with Saml Carpenter, The proprietrs Commission to the Council being publickly read, according to the ordr of this morning, the Council Returned and entred upon the Consideration of what was next Requisite to be done in Order to the preservation of the peace and well being of the Government ; it is or- dered that a proclamation be forthwith prepared by the Secretary and brought to this Board, to be published for the Continuation of all Commissions Issued by the sd Lievt. Governour, in full force and virtue, till further orders shall be given therein, and that all persons who enjoy any office, Post or Benefitt, under the said Lievtenant Governour, shall Continue to Enjoy the same till they shall be other- wise Determined.
It was further taken into Consideration what method upon the Go- vernour's decease, shall be taken for Registering Ships and vessels for this Government, In pursuance of an act of Parliament made anno 7 mo, 8 Regni Regis Gulielmi III, which act Requires an oath to be made in the presence of the Governour and Chief Officer of the Customs, Which being duely Considered, and particularly the method taken by the Proprietary during his psence here, tis Resolved, That during the present administration of the Council, the Oath for Reg- istering Ships and vessels as aforesaid, may be administered by the Collector in the Council Chamber and certified by the Secretary un- der his hand, and that the province Seal be affixed therunto.
A proclamation being Drawn by the Secretary according to order, and read to the Board, It is ordered that the same be forthwith en- grossed, to be Signed by the President and members of Council, and Issued under the great Seal, and that Copies of the Original be sent into the Counties certified by the Secretary.
Ordered that a Council shall sitt every 3d day of the week at Eleven in the morning.
89
PROVINCIAL COUNCIL.
Nicholas Braddick took the oath appointed by the 7th & 8th Wm 3d for Registering the Sloop Endeavour, of which himself is master, & Richard Hill and Isac Norris with himselfe owners.
At a Council held at Philadelphia, 17th 3 mo, 1703.
PRESENT :
EDWARD SHIPPEN, Presidt.
John Guest,
Saml. Carpenter,
Griffith Owen,
Saml. ffinney, John Blunston,
The Council being sate, Information was given That Coll Robt Quary desired to wait upon the Council when they were ready to re- ceive him ; Wherupon, a message was sent to lett the sd Coll Quary know the Council was now ready to receive him; Coll. Quary accor- dingly came and addressing himself to the Presidt, Informed him and the Board, That he had Reced from the Rt Honble, the Lords of Trade and Plantations, Certain Directions, with an Order of the Queens Majestie in Council, relating to this Board and the Governmt, concerning the Qualifications of Magistrates and officers within the same; wch orders he was ready to Communicate upon the Presidts promise on his word, that the same should be restored to him, be- cause he should have occasion to make use of the said order in other parts of this Governmt.
And the President thereupon gave his word that it should be ac- cordingly restored; Wherupon the said Coll Quary, offered the sd Order, of the Queen and Council, Signed Jno Povey, under the Coun- cil Seal, Requiring all person in Judicial, or any other office, or offi- ces in Pensilvania and the Lower Counties, before their entring upon any such office, or offices, do take the oath directed by the Law of England, or the affirmation allowed by the sd Law to Quakers, and that no Judge be allowed to sett upon the Bench who shall not first take the oath of a Judge, or in Lieu thereof, the aforesd affirmation as directed by the Law of England as also, that all persons who in England are obliged and are willing to take an oath in any publick or judical proceeding, be admitted so to doe by the proper officers and Judges in Pensilvania and the Lower Counties, in Default of all which, or in case the Judges shall refuse to administer the sd oath, or attestation, Her Majestie was pleased to Declare their proceedings, and by the said Ordr they were accordingly Declared to be null and void.
Also a Copy of an Ordr of the Queen in Council, giving her Royal approbation of Andrew Hamilton, Esqr., to be Deputy Governour of the Province of pensilvania and Territories adjacent, under Wm. Penn, Esqr., according to the act of the 7th and 8th of the late King to the first of May, in the year 1704.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.