USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 7
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
A peticon to the Board from Abraham Delucena, of New York, was Read, setting forth that several goods belonging to the sd. Abra- ham De Lucena was seized by the officers here for non entry, being Lyable to pay Certain duties Imposed by a Late Act of Assembly, & praying on account of his poverty & numerous family, that some Re- lief be given to the sd. Peticoner.
The matter was Referred to a further Examinacon of the Particu- lars, in Case the Officer in the mean time do not find himself at Liberty to Ease the Peticoner by admitting a Post entry of the said Goods.
3*
62
MINUTES OF THE
At a Council held at Philada., the 21st. Novr., 1718.
PRESENT :
The Honble WILLIAM KEITH, Esq., Lievt. Govr. Jonathan Dickinson, Anthony Palmer,
Samuel Preston, James Logan.
Robert Assheton.
The Governour acquainted the Board, That at the Last meeting of the Council he had laid before them a Copy of Certain Letters Patents from his majesty to Brigadier General Hunter, Governour of New York and New Jersey ; That the said Collo. Hunter De- sired the sd. Copy might be made publick in this Province ; that the Board were then of Opinion, that the sd. Copy was not authen- tick as might be requisite in Order to a Due Publicaon thereof ; That he has since received an authentick Copy of the sd. Letters Certified under the Seal of New York, and was pleased to advise with the Council, whether it was not Convenient that the Proclama- con that the Governr. of New York had published there shou'd be published in this Province, to which the Council were unanimously of opinion it shou'd, & the Proclamacon is Ordered to be published forthwith.
The Governour acquainted the Board, that he had for some time past a Debate with the Council concerning the Stile of the Comissions of this Province, that he was then of Opinion they shou'd be in the Kings name, That now he thinks it highly Requisite they shou'd be so since the Proprietors decease, that he cannot think it safe to issue Commissions in his own name, now orders the Comissions hereafter to be Issued to be in the name of the King; & then the Coun- cil adjourned.
At a Council held at Philadia., the 16th of Decr., 1718.
PRESENT :
The Honble WILLIAM KEITH, Esqr., Lievt. Govr. William Trent, James Logan,
Samuel Preston, Robert Assheton.
The House of Representatives of this Province Waited upon the Governour, & the Govr. made the following speech to them.
Mr. Speaker & Gentlemen of the Assembly :
The melancholy news of the Proprietors death Wou'd have Ob- liged me to have called you immediately together, had it not been the unanimous opinion of the Council, that my continuing the admin- istration of the Government in all its parts was not only warranted but also directed by an act of Assembly, which had received the Royal sanction.
Nevertheless, when you have considered that minute of the Council which I have now Ordered to be Laid before you, I shall Likewise be glad to have the Sentiments of your House upon that Resolution, wherein I think it will be convenient that we all agree.
63
PROVINCIAL COUNCIL.
GENTLEMEN :
If it be granted as I think it must, that a Governour is a neces- sary agent, to be continually imploy'd in the providing for the Pro- tection, safety and Ease of all the people in the Government. It will then follow, That such a service in this Populous Place Cannot be duly performed without a considerable charge, & the whole Expense of ones time even with Diligent applicacon.
And since you are the proper judges how far I have done my Juty in these particulars, I take leave to put you in mind, that the supplys which have been granted by fformer Assemblys for the Particular support of my ffamily are now actually exhausted, and the time for which they were supposed to be given is expired, ever since the month of October last.
I shall conclude with Recommending a friendly temper & unani- mity to you in all your proceedings, & whatsoever else occurs to me of business shall be communicated to you by way of message. Then the Council adjourned to the afternoon.
POST MERIDIEM.
PRESENT :
The Honble WILLIAM KEITH, Esqr., Lievt. Govr.
Richard Hill,
James Logan,
William Trent,
Robert Assheton.
Samuel Preston,
The Governr. acquainted the Board that he had received Two Letters, one from George Grant, and the other from seven men who were Comited upon Suspicion of Combining together to Comit Piracy, which were Ready, and the Governr. was Pleased to ask the opinion of the board what measures shou'd be taken in order to bring the sd. persons to a Tryal, and the Board having Considered the Cir- cumstances of their Crimes, were of Opinion that the Persons Crimes were Cognizable in the Mayors Court, & that they shou'd be prose- cuted there, and that whilst they Continue in Prison some Provision shou'd be made by the Sherif for their maintenance, the weather being now very. Cold.
Instructions to William Keith, Esqr., Lievt. Generall, Governr. and Comander in Chief of the Povince of Pensila., and Counties of New Castle, Kent and Sussex, upon Delaware.
You are upon Receiving these Instructions Immediately to Call together the Council, and with them in the most Publick manner make known my accession to the Governmt. of the sd Province and Counties, and assure the Country of my Great affection to them and hearty Good wishes for their welfare, and that I shall always Look upon their Interest as my own, and I believe on this Occasion itt will be pper to Read the Late King Charles the Seconds Leters Pa- tents to my late ffather and ye pprietor, and his Heirs, publickly to the people ; However, this I Leave wholly to yours and the Councills prudence To Do therein as may be thought most Convenient, and ffor the Honr. of ye Government.
64
. MINUTES OF THE
I think itt would be well Done if the present members of Council be Continued, For I would not have more alteracons made in Go- vernmt. upon my accession theretoe than what are absolutely neces- sary, And I will have Mr. Logan be of the Council, & Continued in his places by you.
If you Can procure a militia to be settled by Law, Slip not the Occasion of Doing itt, but as that Country was Chiefely at first set- tled by Quakers, I would not have them oppressed on any account.
Protect the people under your Care in all the Rights, Privileges and Liberties my ffather Granted them by Charter or otherwise, or that they ought to Enjoy as Englishmen.
Observe the Law for Liberty of Conscience wch I take to be a Fundamentall One in Pensila., and was one Great Encouragement for the Quakers to Transport themselves thither, and to make itt what itt now is, For wch they meritt the ffavour of my Family, as well as on many other accounts, and shall always have itt when in my power ; And this I desire you will Lett the people Know.
But as I Profess myself to be a member of the Church of Eng- land :
Therefore I recommend it to you to be Carefull of her Interest, and that you Encourage and Protect the Clergy, and Employ where you can Deserving memrs. of that Comunion, ffor I think they ought to have att Least an Equall share in the administracon of Public Ofices with their Neighbours of other perswasions.
Discountenance all antitrinitarians and Libertines.
Protect In their Possessions such strangers as are settled amongst us, For the public Ffaith is Concerned in itt.
Lett the Law be your guide in all Cases ; and ptect the officers of the Customs in the Discharge of their Duty, and use ye advice of ye Councill In all Cases of Importance.
Given under my hand and Seal, the ffourteenth Day of Janry., Annoq Dom., 1718.
WM. PENN.
At a Council held at Philada., the 28th of April, 1719.
PRESENT :
The Honourable WILLIAM KEITH, Esqr. Governour.
Richard Hill,
Isaac Norris,
Antho. Palmer, Robert Assheton,
Jonathan Dickinson,
James Logan, Secretary.
Samuel Preston,
The Govr. Spoke as Follows.
GENTLEMEN :
I here Lay before you a New Comission and Body of Instrucons which I have Just Received From the Honble Mr. Penn, as our Go- vernour in Chiefe, whereby he is pleased to Constitute and appoint me his Lievt. Govr. Genll. and Comander In Chiefe over the Pvince and Territories ; and itt being Directed by the Instruccons, that his
65
PROVINCIAL COUNCIL.
accession to the Dominion of this Country be made Known to the people. With your advice and assistance, in the most publick man- ner I must Desire your opinions and Concurrence therein.
And as there are severall at this Board who are Likewise mem- bers of the psent assembly, and therefore Know that I am under a pmise to Call that body Together, upon my Receipt of any Orders ffrom Britain Relating to this pvince : I would also know your sen- timents, whether the assembly ought not to be Imediately Called by Writts of Sumons, In order to Join with me and this Board in Re- cognizing Mr. Penns Right & Title to the Government. Then the sd. Comissons and Instrucons were ordered to be Read, and Every member psent having spoke to the subject matter before them, they were all of opinion, that In Order to secure the peace of the Colony, and to pserve the Perfect Good understanding wch had Hitherto most Happily subsisted between the Govr. and the people, it seemed necessary to Call the assembly upon this Occasion, and that since the ffirst Instruccon Directed the Govr. to publish his Comissn. In the most ample manner, by the Councills advice they Could not suggest or advise any method to Publish the same with more Re- spect to Mr. Penn, or Efficacy to His service than by the Govr. in Conjuncion with the Councill, and the peoples Representatives In assembly. And itt being Likewise Observed, that the three Lower Counties upon Delaware were Equally Effected with the pvince by this Change, and that Jasper Yeates and Collo. John ffrench, Esqr., Two members of this Board Residing there, ought to be sumon'd to attend at this Solemnity the Sixth Day of May, was moved as the shortest time Could be allowed for the Return of Writts to be Issued for Calling together the assembly, with a ffull Council ; and the sd. Writts of Summons were ordered to be Issued fforthwith accord- ingly.
The Governours Speech to the Assembly, May the 7th, 1719. Gentl. of the Council, Mr. Speaker, and Gentl. of the Assembly :
According to my pmise I have Called you together, in order to acquaint you that I have Lately Recd. a Comission from the Honble Wm. Penn, Esqr., as our Govr. In Chief, with Instruccons to pub- lish his accession to this Governmt. by advice of the Council. In the most solemn manner wch sd. Comissn. and Instruccons, with the minute of Council thereupon, I have ordered to be Laid before you.
Since that I have seen the pobate of the late Proprietors Last will and Testament, in the Hands of Mr. Secretary Logan, whereby the powers of Governmt. over This Province seem to be Devised in Trust after a Peculiar manner, and I am told these Diffrences are not Likely to be speedily adjusted.
GENTLEMEN :
My Duty to the Crown unquestionably obliges me, while in this stacon, at all times to use my utmost Deligance In preserving the good order and peace of the Govmnt., and to keep the Kings subjects of this Colony ffirm in their alleigance & Dutifull obedience to his most Excellent Majesty & our Sovreign Lord King George.
To the End therefore that this may be done with greatest Cheer-
66
MINUTES OF THE
fulness and unanimity, and Likewise that all Due Respect may be pd to Mr. Penn and E'ery other Branch of the Late Proprietors Fa- mily, I must Desire that you will assist me with your opinions and advice, wch I doubt not will have the Same weight with all the pties Concerned in Brittain, as you may be assured itt shall Ever have with me.
I have Recd. a Letter ffrom the Indian Chiefs at Conestogoe by a Letter to Mr. Secretary Logan, which informs us, that our Indian Hunters have been attacked near the Head of Potowmack River, by a Considerable body of Southern Indians Come out to warr against the ffive Nacons, and the Indian Settlements on Susquehanna.
They have killed Severall of our People, and alarmed them all, so that the Carefull attencon and Vigilance of the Governmt. was never more called upon them att this Juncture, and much will Depend upon your unanimous & Steady Resolucons to support the adminis- tracon In all its parts.
The Address of the assembly of the province of Pennsilvania, The Ninth Day of May, Annoq Dom., 1719.
To The Honble Willm. Keith, Esqr., Governr. of the same pvince, In answer to his speech of the Seventh Instant.
May it please the Governr. :
The memory of the Honourable Wm. Penn, our Late pprietary & Governr. In Chief being Dear to us, We Cannot but have a just and Due Regard to his ffamily, and should account itt our Happiness to be Governed by a Branch thereof, under the most auspicious Reign of our Royall Sovreign King George.
And since the Governr. has been pleased to shew so great a Re- gard to the advice of the Representative Body of the Freemen of this Province, as to Consult them in a matter which so highly Con- cerns them, We must acknowledge it as a great Condesencon, and an addiconal Instance of his Known affecon to this Colony, with Kind Inclinacons to pserve the Publick peace and Weal of this Governmt.
The Contents of those Instruments and Writings wch the Govr. was pleas'd To Lay before this House, Brought us under a Very Deep Concern How to assist him with advice suitable to the present Emer- . gency, For We find the first part of ye pprietors Will Seems to Vest a Trust in the Noble Lords there named, in order to accomplish the Treaty of a surrender of this Government to the Crown, wch was begun by our Late Proprietary.
And though that Trust may occasion Various opinions in Law and Equity, Yett that Does not so much Effect us at psent, as the want of ascertaining the Terms wch we have been alwayes Given to Expect would accompany the Surrender In ffavour of the People Called Quakers, who Embarked with the sd. pprietary In the Laudable Design of this Considerable addicon to the Public Empire.
And therefore think it our Duty at this Juncture to Claim those Rights & ffavours wch have been pmissed to us.
The Governr. well knows that the administracon of this Govern- ment since the pprietarys Decease is supported by a Law Confirmed
67
PROVINCIAL COUNCIL.
by her late majesty Queen Ann. and by Virtue thereof, Is so to Con- tinue till further order ffrom the King or the Heirs of the sd. Late Proprietary and Governour.
And notwithstanding the Great Regard the Govr. has to the Comissn. sent him by the sd. pprietarys Heir att Law, Yett since that Heir seems not by the afd. will Invested with the power of Governmt., but the Devise thereof made to the sd. Lords, being al- lowed by his own Council to be Good ; And since itt Does not appear that Commisso. is attended with the necessary Requisites Directed by acts of Parliament for Qualification of Persons Concerned In such stacons & security of Plantacon Trade; We Conceive it will Contribute to the peace of this Governmt., and be safe for the Govt. that he for the present forbear to publish the sd. Commisson, and hope there will be no Just Occasion of Offence be Given if the Govr. should wave the superseding powers Given him by the sd. Law untill he Receives the pleasure of the sd. Trustees, or has the Lord Chan- cellors Decree for his Direccon ; The Rather because we understand that an amicable Suit is Depending In Chancery between the Exe- cutrix and Heir at Law, In order to settle Both their Claims to this Governmt.
We Heartily Join with the Governour In his Good Resolutions to pserve the Good order and peace of ye Governmt. and Loyality of his Majtes. subjects In this Colony.
As Touching the attack Lately made upon our Neighbouring In- dians, we hope the Govr. hath already Taken pper measures In that affair Towards quieting their minds, and will use his utmost Endeavor to Prevent such Incurcon upon them ffor the ffuture by Due Repre- sentacons to the neighboring Governmt., and Perswasions to our Indians not to give ffurther Provocacons. But that they will ffall In with more Peaceable Inclinacons, as the same will Contribute to their Ease and Safety, and obtain the Friendship and proteccon of this Governmt., and this House Gives the Govr. assurance that the necessary Charges thereof shall be pvided For, and yt 'tis there full purpose to support the administracon to the Best of their Power.
Signed by Order of the House, JONATA. DICKINSON, Speaker.
At a Council held at Philadia., the 11th day of May, 1719.
PRESENT :
The Honble WILLIAM KEITH, Esqr., Governour. Richard Hill, Samll. Preston,
Jasper Yeates,
Antho. Palmer,
Wm. Trent,
Robt. Assheton,
Isaac Norris,
Jon ffrench,
Jona. Dickinson, James Logan, Secretary.
The Govr. acquainted the Board, that on Saturday last he had Recd. In Council an address to the Assembly, in answer to what he he Laid before that House.
That the Board being there, but then it was adjudged Convenient
68
MINUTES OF THE
to Defer the Consideracon of that address till a full one Could be Convened. That all the members of Council being now psent. the Govr. Refers the sd. address to their Consideracon, and Craves their advice Thereupon.
The address being again Read and Considered Each member seperately Delivered his Sentiments, and it is the Opinion of a ma- jority above two to one, That seeing the Govr. upon his first Receipt of the Comissn., had by the unanimous advice of this Board Called the Assembly, In hopes as itt was then Expected that the sd. Com- mission would with their Concurrence be more advantageously Published, and more effectually to Mr. Penns service, altho' it now appears that by means of other Letters or accounts since Rec'd by Capt. Annis, The assembly have fallen Into sentiments Different from what had been Expected ; Yett should the Governour, through his zeal for Mr. Penns Service, pceed Immediately to Publish that Comisson. In Direct Opposicon to the advice of the assembly, It would be attended with Consequences much more Injurious to the Interest of Mr. Penn, by Raising the Divisions in the Countrey, from whence Disadventageous Representacons to the Court & Ministry att this Criticall Juncture might be made, than anything that Could Possibly ffollow From some small Delay ; 'Tis therefore the advice of the sd. majority, that the Governour would be pleased to Delay the Publicacon of the sd. Comission, till such time as he shall Re- ceive further Directions from the Heir to proceed therein.
At a Council held at Philadia., July the 8th, 1719.
PRESENT :
The Honourable WILLIAM KEITH, Esqr., Governour.
Richard Hill, Robert Assheton,
Jonathan Dickinson, James Logan, Secretary.
The Governour acquainted the Board, that having received certain Advices from Brigadier Hunter, Governour of the Provinces of New York & New Jersey, that He designed speedily to embark for Brit- tain, therefore considering the near Relation this Government has to that of New York & New Jersey upon the account of our Neighbourhood, and the affairs depending to be yet settled between these northern Colonies in Relation to the Indians, the Governour judged it convenient that He should at this time take a Journey to New York, not only to pay Governour Hunter a visit of Respect at his Departure, but also to settle some Foundation for a Correspon- dence with those who were to succeed in the powers of Government in case of any future Emergency, and for these Reasons, if the Board had nothing to object, He designed very speedily to set out expecting that his Absence from the Government would not be long.
The Board approved of the Governours Proposal, wished him a good Journey & safe Return, and then adjourned.
69
PROVINCIAL COUNCIL.
At a Council held At Philadelphia, October the 3d, 1719.
PRESENT :
The Honourable WILLIAM KEITH, Esqr., Governour.
William Trent, James Logan, Secretary.
Jonathan Dickinson,
The Governour having Received from the Several Coroners and Sheriffs of the respective Counties of this Province, Returns of the Elections of psons to be presented to the Governour for his Choice of a Sheriff and Coroner for each County respectively, was pleased to Desire the Advice of the members present in his Nomination, which is as follows :
For Philadelphia City & County : Owen Roberts & David Evans being chosen for the office of Sheriff, Owen Roberts is appointed ; And Richard Walker & Edward Church for that of Coroner, Richard Walker is appointed.
For Chester : Nicholas Fairlamb & Robert Barber, being returned for the office of Sheriff, Nicholas Fairlamb is appointed ; And Jonas Sandiland and John Wade for that of Coroner, the first is nomina- ted.
For Bucks : James Moon & Abraham de Normandie being re- turned for the office of Sheriff, Abraham de Normandie is appointed ; And John Cutler & Abel Janney for that of Coroner, the first is named.
And accordingly, Commissions are ordered to the said persons for their respective Offices, the Sheriffs giving Security in the Rolls of- fice as the Law directs.
At a Council held at Philadelphia, October the 15th, 1719.
PRESENT :
The Honourable WILLIAM KEITH, Esqr., Governour James Logan, Robert Assheton.
The Representatives of the ffreemen of this Province elected on the first instant, having mett yesterday in Assembly, in pursuance of their Charter and Law in that case provided, were ordered this morning to attend the Governour, and now presenting themselves accordingly, William Trent, Esqr., addressing himself to the Gover- nour in the Name and Behalf of the Assembly, acquainted him, That the House of Representatives had been pleased to make Choice of him from amongst divers others who were more worthy of that Ho- nor, to be their Speaker ; and therefore in their Behalf, He was now to request the Governours Approbation. The Governour answered, that as the House had undoubtedly a Due Regard to the Interest of the Countrey in the Choice they had made, So He hcartily approved their Nomination of a Person who is so particularly agreeable to him.
Then the Governour spoke to them in these words.
70
MINUTES OF THE
Mr. Speaker & Gentlemen of the Assembly :
I must reflect on every occasion which I have had to meet the As- semblies of this Province with great satisfaction, and the present oppertunity cannot possibly leave a less agreeable Remembrance, since I have the Pleasure to present you with the Royal Assent to, and perpetual Confirmation of a Law which gives you the full En- joyment of English Liberties, and therefore must doubtless be for ever valued by yourselves and your Posterity as an inestimable Freedom and Birth Right. I mean the act which I passed in May, 1718, for the Advancement of Justice and more certain Administra- tion thereof.
This Success has been chieffly owing to the perfect Harmony and good correspondence that has hitherto subsisted between me and the Representatives of the People, A Circumstance which secures our Peace, and puts us above the Reach of Faction ; ffor, so long as your Friends in this Government continue be mine my Enemies must un- avoidably expect to be treated as yours. And while so guarded what have we to fear. GENTLEMEN :
Knowing that it is not an usual season of the year for a long Session, I would not overcharge you with Business : Only I must in one point take Leave to recommend to you the Imitation of an Eng- lish House of Commons, by voting at first the sums which you shall judge necessary to support the charge of Government for the current year and then with conveniency proceeding to the ways and means for raising that supply. This method not only gives life and credit to the Administration, but will be of great use to me, both in the management of the publick and my own Private affairs, which equallly depend on your Conduct and Good Will.
The Speaker receiving a Copy of the Speech addressed himself to the Governour, and in the name of the House desired, That the Go- vernour would grant the members of the Assembly free access to his person, when sent to him by the House.
That he would protect them in all their Privileges as an Assem- bly ; And that he would be pleased to put the most favourable Con- strucon on all their proceedings; All which being promised by the Governour on his part, They with drew. The Royal Assent to the Act mentioned in the Governours Speech, is in these words fol- lowing :
Locus Sigill
privat Concil.
Arch Bp. of Canterbury, Lord Chancellor, Lord President, Lord Privy Scal, Lord Steward, Lord Chamberlain,
At the Council Chambers, Whitehall, the 26th of May, 1719.
PRESENT:
Their Excellencys the Lord Justices.
Earl of Berkley,
Mr. Secretary Craggs,
Duke of Manchester,
Earl of Westmoreland,
Earl of Ilay,
Bishop of London,
71
PROVINCIAL COUNCIL.
Duke of Marlbro, Duke of Roxburg, Earl of Sunderland,
Mr. Chancellor of the Dutchy, General Wills, Earl of Halyfax.
Upon reading this Day at the Board a Representation from the Lords Commissioners of Trade and Plantations, dated the 1st of this instant, setting forth their having had under Consideration, an Act passed At an Assembly in Pensilvania, held in May, 1718, intituled " An Act for the Advancement of Justice and more certain Ad- ministration thereof," And the said Commissioners having taken the Opinion of Council learned in the Law touching the same, do hum- bly present the said Act as proper to be confirmed. Their Excellen- cys the Lords Justices in Council, taking the same into Considera- tion, are pleased, pursuant to the Powers reserved to his Majesty, in the Charter of Proprietary granted to William Penn, Esqr., to de - clare their Approbation of the said Act; And according to their Excellencys Pleasure thereupon Exprest, the said Act is hereby con- firmed, finally enacted and ratified, whereof the Deputy Governour, Council and Assembly of the said Province, and all others whom it may concern, are to take Notice and govern themselves accordingly. ROBERT HALES.
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.