USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 26
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Signed by Joseph Coleman, Robert Jones, &c., dated the 20th of Novr. 1723 was read; as also the Return of Another Order of Council of the 22d Novr., 1723, signed by Thomas Morgan, Evan Hughes, &c., dated the 12th Janr., 1723-4, together with the several petitions of both parties relating to a Road from William Paschals, in Chester County, to the Swedes Ford over Schuylkill, severally praying that the said Road may be confirmed according to their respective Returns, all which having been considered by the Board, and John Hayward appearing in behalf of the latter Return.
Ordered That both Parties do severally prepare an exact Draught or Chart according to the Return for which they are concerned, and bring the same before this Board betwixt and the 20th of Febry. next ensuing, and that the said John Havard do make known unto the said Joseph Coleman, Robt. Jones, &c., or some of them, this present Order by shewing them a Copy thereof within three Days, that they may not pretend Ignorance. And in case they shall neglect to comply therewith upon such Notice given, That then, the said Return, of Janry. the 12th, shall be, & is hereby Confirmed.
The Return of an Order of Council of Decr. 4th, last past, for viewing & laying out part of a Road through the Lands of Thomas Lindley & George Aston in Chester County, being read, and it ap- pearing under the Hands of the Persons to whom the said Order was directed that no inconveniency does arise from altering the said Road according to the Petition of the said Lindley & Aston-Ordered That the said Thomas Lindley & George Aston, do Clear the sd. Road passing through their Lands at their own proper Costs & Charges according to the aforesd. Return, and that the same be & is hereby accordingly Confirmed.
At a Council held at Philadelphia, April 30th, 1724.
PRESENT :
The Honourable Sir WILLIAM KEITH, Bart., Governour. Samuel Preston, Robert Assheton,
William Fishbourn, Josiah Rolfe.
Esqr's.
The Minutes of the preceding Council were read, & then The several Petitions for the respective Roads as laid out by Robert Jones &c. and Thomas Morgan &c., a Petition from the Congrega- tion of Baptists and several other Representations were all read & considered by the Board. And the two several Draughts returned by Robert Jones &c. and Thomas Morgan &c., were examined by the Board, and then the Council adjourned till 4 o'clock in the afternoon and accordingly
P. M. PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Samuel Preston, Robert Assheton, Josiah Rolfe,
Anthony Palmer, William Fishbourn,
S Esq'rs.
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PROVINCIAL COUNCIL.
The particular Arguments and Reasons of both Parties contending for the respective Roads from Whitland in Chester County to the Swedes Ford over Schuylkill were heard by the Board, and the Par- ties being withdrawn, the Board resolved to defer the Determination thereof untill the Surveyor should be examined thereupon, and that He be Summoned to attend this Board on Tuesday the 5th day of May next, till which time the Board adjourns.
At a Council held at Philadelphia, 6th May, 1724.
PRESENT :
The Honble. Sir WILLIAM KEITH, Bart .; Governour. Richard Hill,
Robert Assheton,
William Fishbourn, Josiah Rolfe, 1 Esq'rs.
The Minutes of the preceeding Council were read as usual and David Lewellyn the Surveyor (that laid out both the Roads from Whitland in Chester County to the Swedes Ford over Schuylkill) attending according to order, was called in & Examined. And the Board, after mature Consideration of all the circumstances relating to the said Roads, finding the Southernmost Road to be the most convenient for the publick, especially, necessary for the Congrega- tion of Baptists, and of least Detriment to private Persons.
Ordered That the said Road according to the Returns thereof under the Hands of Thomas Morgan, Evan Hughes, John Davis, Hugh Hughes, Morris Lewelyn, William Havard, William. Davies, Caleb Evans, & Evan Evans be with all convenient speed opened, Cleared, and made Good, and that the same be and is Hereby accord- ingly Confirmed.
Then the Governour laid before the Board, & caused to be read, an original Agreement between the Right Honble Charles Lord Bal- timore Proprietor of Maryland & Hannah Penn Widow & Execu- trix of William Penn Esgr. late Proprietor of Pensilva. and Joshua Gee & Henry Gouldney of London in behalf of themselves and the rest of the Mortgages of the Province of Pensilvania, the Copy where- of follows, viz :
Whereas there are Disputes depending between the respective Proprietors of the Provinces of Maryland and Pensilvania touching the Limits or Boundarys of the said Provinces, where they are con- tiguous to each other. And whereas both Parties are at this time sincerely inclined to Enter into a Treaty in order to take such methods as may be advisable for the final determining the said Controversy, by agreeing upon such Lines or other marks of distinction, to be settled as may remain for a perpetual Boundary between the two Provinces.
IT IS THEREFORE mutually agreed between the Right Honble Charles Lord Baltemore Proprietor & Governour of Maryland and Hannah Penn Widow & Executrix of Willam Penn Esqr. late Pro- prietor & Governour of Pensilvania and Joshua Gee of London Merchant and Henry Gouldney of London Linnen Draper in behalf
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of themselves and the rest of the Mortgagees of the Province of Pensilvania, That for avoiding of all manner of Contentions, or Dif- ferences between the Inhabitants of the said Provinces no Person or Persons shall be disturbed or molested in their Possessions on either side, nor any Lands be Surveyed, taken up, or Granted in either of the said Provinces near the boundaries which have been Claimed or Pretended to on either Side.
THIS AGREEMENT to Continue for the Space of eighteen Months from the Date hereof, in which time 'tis hoped the Boundaries will be determined and Settled, And it is mutually agreed on by the said Parties, That Proclamations be Issued out in the said Provinces signifying this Agreement for the better Quieting of the People. And the Lieutenant Governours and other proper Officers of the respective Provinces for the time being are directed & enjoyn'd to Conform themselves agreeable Hereunto, and to issue out Procla- mations accordingly upon the Receipt hereof.
IN WITNESS whereof the Parties above named have hereunto Set their Hands this 17th day of February, 1723.
(Sign'd) BALTEMORE.
Witness-S. Clement, Cha. Lowe,
HANNAH PENN,
JOSHUA GEE,
James Logan, HENRY GOULDNEY.
Then the Governour read a Letter to the Board, which he purposed to send to the Governour of Maryland relating to the above agree- ment, which was unanimously assented to, and the Copy whereof follows :
PHILADA., May 5th, 1724.
SIR :
Inclosed I send you the Copy of an Original Agreement concern- ing the disputed Boundaries of the Provinces of Maryland and Pensilvania, which is just come to my Hands, & since doubtless this will have an immediate good Effect by Quieting his Majesties Subjects on both sides in the peaceable enjoyment of their present Settlements. I am perswaded that on our Parts, We shall with Equal Chearfullness be deligent to lose no time in issuing the Pro- clamations thereby directed, as well as strictly observing the Con- ditions in the sd. Articles stipulated and agreed upon between our respective Principles.
I am with Esteem, Sir,
Your most obedt. humble Servant,
W. KEITH.
Then it was agreed by the Board, that, pursuant of the foresd. Direction, Proclamations should be prepared in order to be issued accordingly with all convenient Speed.
Then the Governr. observed to the Board that since the Death of Thomas Masters Esqr. late a member of Council it would be requisite to call another from amongst the People called Quakers in order to preserve that Equality which he had always regarded in the Call of Councellors, and named Francis Rawle, Esqr., as a proper Person, whereof the Board unanimously approved.
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PROVINCIAL COUNCIL.
A Petition having been presented to the Governour against Thomas Watson of Bucks County Gent., for some illegal Practices under Colour of Justice and lawfull Authority.
It is the opinion of the Board that the sd. Thomas Watson should have Notice given him to make his appearance in order to clear himself of the allegations in the sd. Petition set forth if he thinks fit.
The Governour then proposed to the Board that in Regard John Ramsay for the most part did perform the Duty of Chamber Keeper to the Council, it were but reasonable He should Enjoy the Profits of the said office, whereof the Board approved ; & accordingly
Ordered That John Ramsay do from henceforth perform the Duty of Chamber Keeper to the Council, and that He be entituled to all the Profits & Perquisites from this time accruing or appertaining to the sd. office during his continuance therein.
At a Council held at Philada., 6th May, 1724.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour. Richard Hill,
Anthony Palmer,
Robert Assheton, William Fishbourn, S ? Esq'rs. Josiah Rolfe,
The minutes of the preceeding Council being read A Bill from the House of Representatives Entituled An act to enable Trustees to Sell the Old Court House & Prison belonging to the Burrough & County of Chester, was read, & ordered to be returned without amendment.
A Bill, Entituled An act for demolishing & removing Fishing Dams, Wears & Kedles set across the River Schuylkilll, was read, and ordered to be returned with amendments."
Also, a Bill, entituled, An Act for continuing and establishing a Ferry over Neshameny Creek on the King's High Road from Philada. to Bristol in the County of Bucks, which with some amend- ments was likewise ordered to be returned.
At a Council held at Philadia., 7th May, 1724.
PRESENT :
The Honble Sir WIILLAM KEITH, Bart., Governour. Richard Hill, Samuel Preston
Anthony Palmer, Robert Assheton. Esq'rs.
William Fishbourn,
Josiah Rolfe.
The Governour informed the Board that He had last night re- ceived, by the way of New York, a Letter from Mrs. Penn with another Original Duplicate of the Agreement betwixt Her & my Lord Baltemore relating to the Boundaries of the two Provinces of Pennsilvania & Maryland, and directing Proclamations to be issued according to the Tenor of the said Agreement. He also observed to the Board, that seeing He had now two Originals of the sd. Agree-
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ment it would be proper that he should write anew to Colo. Calvert, Governour of Maryland, and at the same time send him an Original for the more certain satisfaction of that Government.
The Governour then ordered to be read an Address from the As- sembly of the 2nd instant, to him, complaining and desiring Redress of Grievances & Encroachments of New Castle County upon that of Chester, as also his Answer thereunto of the 5th instant, and then for their better Information, He acquainted the Board (as far as con- sisted with his own knowledge,) of a Dispute lately arisen concerning the Boundaries of Chester and New Castle Counties, and a Process which he had issued agst. one Thomas Hill and his Accomplices, for some illegal and unwarrantable Acts : And that he was expecting a Committee of the Assembly to attend and lay before the Board what they had relating thereto.
Then the Governour informed the Board that a Bill from the House of Representatives, entitled An Act for the better enabling certain Persons therein mentd. to Trade &c. in this Province, had brought to him, but that He had returned the same to the House without laying it before the Board, and also had sent them a written Message, together with an Original Instructiou from the Crown rela- ting to private Bills, wherewith the said Bill is incompatible, as it now stands.
Then was read a Bill from the House of Representatives entitled An Act to improve the Breed of Horses & regulate Rangers, and or- dered to be returned with amendments.
The Governour then sent to inform the House of Representatives, that the Council was sitting and ready to receive what the House had to lay before the Board ; And soon after, the Speaker with Six other members came up, and after some reasoning between the Governour and Speaker upon the Subject matter of the Division Line between the Counties of Chester & New Castle as also of some Differences that had happened on the late Administration of an Intestate Estate issued from the office of New Castle, near to the said Boundaries in Dispute; The Speaker and the other members of the House of Rep- resentatives withdrew, and in order to Compose the Heats & Ani- mosities that were like to arise on several matters in Question, It was unanimously the Opinion and Advice of the Board to the Go- vrrnour, That he would please to issue out proper Authorities for taking the Administration of the said Estate universally into his own hands, for the equal satisfaction of the Creditors and all parties con- cerned, to which the Governour agreed, and appointed Mr. Assheton a member of the Board & Recorder of the City to make out proper Instruments for the Governour to Sign & cause to be executed ac- cordingly.
At a Council held at Philadelphia, 9th May, 1724.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Richard Hill,
Saml. Preston, William Fishbourn. & Esq'rs.
Robert Assheton, Josiah Rolfe,
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PROVINCIAL COUNCIL
The Minutes of the preceding Council read as usual, Then a Rep- resentation of the Case of the People called Quakers with respect to the Forms of Declaration of Fidelity, Affirmation, &c., (praying that a Bill now under Consideration of the Board, prescribing new Forms of Declaration, Solemn Affirmation, &c., might by the Governour be Pass'd into a Law of this Province,) was read. Then the Bill, entitled An Act prescribing the Forms of Declaration of Fidelity, Abjuration & Affirmation, instead of the Forms heretofore required in such Cases.
Also was read an Address from the House of Representatives re- questing the Governour to Pass the sd. Bill, Likewise his Answer thereto, wherein he Express'd his willingness to Pass the same, seeing it contained a Clause to wait his Majesties Approbation before it should take effect.
And it is the unanimous opinion of the Board, that the Governour may safely Pass the said Bill as it is now offered.
-
EODEM DIE P. M.
PRESENT :
The Governour and same members as in the Forenoon.
The Council being sat, the House of Representatives with their Speaker came up and presented to the Governour the engross'd Bill entitled An Act prescribing the Forms of Declarations of Fidelity, Abjuration & Affirmation, instead of the Forms heretofore required in such Cases. Which the Governour Pass'd into a Law of this Province.
Also a Bill, entituled An Act for continuing & establishing a Ferry over Neshameny Creek on the Kings high Road from Philada. to Bristol in the County of Bucks.
A Bill, entituled An Act to enable Trustees to sell the old Court House & Prison belonging to the Burrough & County of Chester.
A Bill entituled An Act to improve the Breed of Horses & regulate Rangers.
And a Bill entituled An Act for the better enabling of John Cratho, mercht., Caspar Wistar & Nicholas Gateau, to Trade and to buy and hold Lands in this Province.
All which were by the Governour Pass'd into Laws of this Pro- vince. Then the House of Assembly being withdrawn, the Council adjourned.
At a Council held at Philada., May 14th, 1724.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour. Richard Hill,
Samuel Preston, r
Robert Assheton,
Colo. John French, Esq'rs.
Josiah Rolfe,
The Governour acquainted the Board that He had called the
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Council together at this time, (now that Colo. French a Magistrate of New Castle County & a member of this Board was in Town, ) in order to appoint a time for giving the Magistrates of N. Castle County an opportunity to object to the Bounds of the sd. County as they are Limited by the Return of a Warrant under the late Mr. Penn the Proprietary's Hand, if any thing they had to object thereunto. And having interrogated Colo. French what he knew concerning the Magistrates of New Castle their opinions of the Bounds limited by the said Return ; He informed the Board that he well knew that the Magistrates and others Inhabitants of N. Castle County, would offer some very material objections to the said Return & the Bounds thereby limited. And after some reasoning upon what was fit to be done in this Affair.
Resolved, That Colo. French should inform the Magistrates and those concerned in N. Castle County, to prepare with all convenient Speed what objections they had to the said Limits as ascertained by the said Return and what other Lights or Evidences they might have in order to clear up the mistakes & disputes that had lately arisen betwixt the Counties of Chester & New Castle concerning their Boun- daries, so that after a full hearing some certain Determination may be made thereon to the future Quiet & Peace of the Inhabitants of both Counties.
At a Council held at Philada., May 15th, 1724.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Colo. John French,
William Fishbourn, Josiah Rolfe, Esq'rs.
The Minutes of the preceding Council being read the Governour acquainted the Board that agreable to the Minutes of Council of the 7th instant He had prepared a Draught of a Proclamation pursuant to the Directions given in the late Agreement between Mrs. Penn & My Lord Baltimore concerning the Boundaries of the two Pro- vinces of Pensilvania & Maryland Which being read & unanimously approved of.
Ordered That the same be transcribed fair for the Seal and pub- lished, and that an Hundred Copies thereof be Printed and dispersed through both Governments, to the end that none may pretend Igno- rance thereof.
At a Council held at Philada., Aug. 5th, 1724.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Richard Hill, Isaac Norris, Robert Assheton,
James Logan, r
Samuel Preston,
Esq'rs.
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PROVINCIAL COUNCIL.
The Minutes of the preceding Council being read as usual, The Governour acquainted the Board that He had called the Council together upon the arrival of the Secretary Mr. Logan to know if he had any thing from the Proprietors Family or other matters to lay before the Board. Mr. Logan said that he had already delivered to the Governour what He had to offer from the Proprietors Family, and that he had nothing else.
The Governour then informed the Board that he had received a Letter from Mrs. Penn, with a Postcript to it from Joshua Gee & Henry Gouldney, relating to the affairs of the Government of the Province and containing some Instructions, which for certain Rea- sons, and particularly for that He believed that they were obtained by some misrepresentations in England, and that he thought it not for the Interest and Service of the Proprietors Family to make pub- lick. Yet if the Board thought it necessary, He then had the Letter in his Hand, and would lay it before them, and thereupon asked their opinions.
The members present all spoke in their Turns. But the Gover- nour observing to them frequently himself, that the Missive Letter he had received being addressed to himself, & containing only some particular Directions for his conduct, which, out of Regard to the Proprietors Family & their Interest, he declared he could not follow, untill according to his Duty he had humbly represented to that Honble Family the just Grounds on which this his opinion was founded.
Thereupon the members were of opinion, that there was nothing herein beforementioned regularly before them from the Proprietors Family. Mr. Logan observed, upon the Governours mentioning that the Letter was delivered to him in a private manner, that he had en- deavoured to proceed in this affair with Prudence, and that he should not speak further to the matter at this time, but he craved that his present Silence should not be accounted as a Bar to Preclude him from performing his Duty in what was expected of him, which he should endeavour to Discharge with all due Regard to the Govern- ment & the Governour.
The Governour then informed the Board that Mr. Hamilton had lately resigned his office of Attorney General, and as many inconve- niences might arise unless a proper person could be found to act in that office, He therefore recommended to the members to think of a fit Person for it ; meanwhile, it is the opinion of the Board, that the several Clerks of the Peace should be directed by the Governour to carry on Processes in the King's name, and all other publick pro- ceedings according to Law within their respective Counties untill a fit & capable Person (who will accept thereof) is found, to be Attor- ney General.
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At a Council held at Philada., Octr. the 3d, 1724.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Richard Hill, Isaac Norris,
James Logan,
Anthony Palmer, Esq'rs.
Robert Assheton,
Henry Brooke,
The Governour acquainted the Board, that He had called the Council at this time to have their Advice & opinions concerning some good supposed to be Wreck, imported from Cape May in a Sloop called the Two Brothers, commanded by Jonathan Swain, and for which goods Salvage is claimed by certain Mariners who came passengers in said sloop, the said goods at this time being under the Collectors Seizure, on suspicion of dishonest practices of the said Master or Mariners claiming Salvage.
The Affidavit of the said Mariners, narrating the manner how they came by the said goods, was read & considered, as also a state of the case drawn up and offered by the Collector; Whereupon, it was unanimously the opinion of the Board, that in this Case the Gover- nour, with the Assent & Concurrence of the Officer of the Port, may not only make a proper & strict Enquiry of the Marks, Numbers & value of the Goods so suppos'd to be Wreck'd and imported; but also that for the failure of any owner or Claimant, may likewise direct the said Goods into the Hands of responsible Persons, to be disposed of or kept for the Benefit of the right owners if any such shall hereafter appear, according to the true Intent and Meaning of the Statute, 12 Anne.
And accordingly the Governour, with the concurrence of the Col- lector (then present) and with advice of the Council, has Ordered that the said Goods shall be put into the Hands of James Logan & Thomas Lawrence, Esqrs., to be executed by Warrant, directed to the High Sheriff of the City & County of Philada., for that pur- pose.
At a Council Held at Philada., Octr. 10th, 1724.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Richard Hill,
James Logan, Henry Brooke,
Robert Assheton,
Wm. Fishbourn,
S Esq'rs.
The Sheriff of the City & County of Philada. having executed the Governours Warrant to him directed, for collecting and putting into the Hands of James Logan & Thomas Lawrence, Esqrs., certain Goods saved from the Wrecks of the Jenny Pink of London, and the Ship Minchead of Bristol, and having made Return thereof the same was read; Whereby it appears, that all the Goods which he could come at were, viz : Eighty six hundred two Quarters & one pound Sugar net, Nine hundred one Quarter & twenty five Pounds Cotton
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PROVINCIAL COUNCIL.
in Bags, Two Casks & five Bags Ginger, qt. twenty four Hundred & three pounds, Three Anchors, wt. in all twenty two Hundred three Quarters & twenty one pounds, one Hogsd. Rum qt. Ninety Gallons, and one Cable, wt. twenty Hundred two Quarters and four pounds. And that there are, viz : one Cable, one Tierce of Rum, one Bag of Cotton, Two Mainsails, & one Graplin, (being the residue of the Goods saved out of the foresaid Vessels, & here imported) in the Hands of sundry persons in the City of Philada., who pretend to have brought and refuse to deliver the same.
The Mariners who imported the above mentd. Goods having ex- hibited Accounts of their Demands of Wages, Charges, Diet, &c., unto the said James Logan, & Thomas Lawrence, amounting to £121, 12, 8, Sterling in the whole, and the same being by them of- fered to the Consideration of the Board, IT IS ORDERED, that the said Accts. and Demands of the Mariners be referred to some persons of this City of Credit and Reputation, Skilled in maritine and mer- cantile affairs, to consider the same, who may indifferently between the owners of the Goods and the Sailors settle and adjust what to them shall, upon a full enquiry appear, to be reasonably due to the Demandants, And George M'Call, Benjamin Godeffrey, George Fitz- water, William Attwood and Brinoldus De Haes, are accordingly ap- pointed & authorized to examine and adjust the said accots., and are desired to Report the same to this Board under their Hands or the Hands of any three of them, on Thursday the 15th instant, at 10 o'Clock in the Morning.
And it having been observed and considered by the Board, That there is not only a necessity of selling some part of the Goods, to made payment to the Mariners of such Sums as shall upon the above mentioned Report be found to be justly due, and defray to other ne- cessary Charges ; but also that the Season of the year now is, when Goods which are a proper Return for England will probably sell for the best Price, and thereby prove to the greater advantage of the right owners, and likewise that in general, the aforementioned Goods are in some measure perishable. It is therefore thought to be ne- cessary, & accordingly it is ORDERED, That the said James Logan & Thomas Lawrence, shall & may sell forthwith all or so much of the forementioned Goods, as to their Discretion & skill in Merchandize shall seem expedient for the greater advantage and satisfaction of the rightfull Owners when they shall appear.
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