YALE UNIVERSITY
LIBRARY

MINUTES

OP THE

PROVINCIAL COUNCIL

PSBSTHBV&VASME'A,

FROM THE ORGANIZATION TO THE TERMINATION OP THE
PROPRIETARY GOVERNMENT.

PUBLISHED BY THE STATE.

VOI.. I.
CONTAINING THE PROCEEDINGS OF COUNCIL PROM MAKen lOtfa,
1S83, TO NOVEMBER 27th, 1700

Harrisburg :
FEINTED BY THEOFHILUS FENN.
1838.

TABLE OF CONTENTS
VOL. I.

I. The memorial of the American Philosophical Society and of the
Historical Society of Pennsylvania, to the Legislature of 1836-7,
on the subject of printing the Records.
II. The report of the select committee of the House of Representa
tives on the same subject.
III. Extract from the Act of April 4th, 1837, authorizing the prints
ing of the Minutes of the Provincial Council.
IV. Extract from the Act of April 14th, 1838, relative to the print-,.
ing and distribution of the Colonial Records.
V. The Charter of Pennsylvania, granted by Charles the Second to
William Penn.
VI. Certain conditions or concessions agreed upon by William Penn,
and the first adventurers and purchasers in Pennsylvania.
VII. The Frame of the Government of the Province of Pennsylva
nia, together with certain Laws agreed upon in England, April
25th, 1682.
VIII. The Frame of Government of the Province of Pennsylvania and
Territories, granted by Wm. Penn, April 2d, 1683.
IX. The Frame of Government passed by William Markham, No
vember 7th, 1696.*
X. Minutes of the Provincial Council, from March 10th to Novem
ber 27th, 1700, the principal matters embraced in which are :
Order of Council relative to the Seals of the several counties, 10
Trial of James Kilner for Assault at sea, 2S
Trial of Charles Pickering & Samuel Buckley, for counter
feiting, 29, 31
Proposals for an English School, by Enoch Flower, 36
Anthony Weston, sentended to be whipt, 37
Trial of Margaret Matson, for Witchcraft, 40
Tax proposed upon Liquors imported, 45
Complaints of aggression by the Marylanders, 61, 141
Commission of Provincial Judges, 68
Condemnation of the ship Harp, of London, 69
boundaries of Chester county, 74
of Bucks, 78
James the Second proclaimed at Philadelphia, 81
Declaration of the Assembly against Nicholas Moore, 83
Proceedings thereon in Council, 87, 88, 90
Several additional Laws promulgated, 122
Refusal of Council to admit William Dyer, as a member, 150

*The Charter of October 28th, 1701, will be found on page 54,
vol. 2.

CONTENTS.
Sundry proposals agreed on by the Assembly, 1°'
Letter of Thomas Lloyd to Governor Blackwell & Council, 1 9S
Deposition of Zachariah Whitpaine, relative to the abdication
of James the Second, 203
Petition relative to the bounds of Chester county, 220
Depositions of John Blunston, Thomas Usher and others,
concerning the same, 221
Proceedings of Council on the subject, 221 , 223
Writt of Election for members of Provincial Council, 238
Debate concerning the mode of Election, 239
Speech of Governor Blackwell to the Assembly, 244
Declaration of the Governor and Assembly, 252
Communication of the Governor concerning danger from the
Papist & Indians, 257
Letter from the principal Secretary of State to Governor
Blackwell, 260
Valedictory speech of Governor Blackwell, 270
Commissions from William Penn to the Council, 273, 274
Letter from William Penn to Council, £74
Instructions for the Government of Pennsylvania, 276
Declaration of Allegiance signed by the Council, 281
Instructions to Lacy Cock, relating to a journey among the
Indians, 294
Commission to Benjamin Fletcher, constituting him Vice A>d-
miral, 305
Benjamin Fletcher's Commission to Wm. Markham, constitu
ting him Deputy Vice Admiral, 311
Commission to Benjamin Fletcher to be Captain General and
Governor in Chief of the Province of Pennsylvania and
Country of Newcastle, 512
Benjamin Fletcher's commission to be Captain General and
Governor in Chief of New York, 317
Conference between Governor Fletcher and Indians from the
upper part of the river, 335
Order of Council relative to fees paid to the clerk of Philadel
phia market, 343
Letter of Governor Fletcher relative to the appointment of a
commissioner to meet those of the other provinces at New
Yofk. • 352
Regulations of the Philadelphia market, 353,553
Proceedings of the commissioners met at New York to agree
upon a quota of men and money for the defence of that
province, 354
Information against Ann Le Tort, 357
Governor Fletcher's speech to the Assembly, 360, 361
Address of the Assembly to Governor Fletcher, ' 363
Governor Fletcher's answer, 364
Second address of the Assembly to Governor Fletcherrelative
to confirming the Laws of the province, 372

CONTENTS.
Titles of Laws in force in 1693, 373
Remonstrance of the Assembly to Governor Fletcher, May
17th 1693, 376
Conference between a Committee of the Assembly and Go
vernor Fletcher, 378
Conference between the Assembly and a committee of the
Council, 380
Answer of the Council to the Remonstrance of the Asssnlbly 385
Several Discourses between Governor Fletcher & commit
tees of the Assembly, S8.8, 389, 390, 391, 394
Examination of Ann Le Tort, 398
Petition of Philip England relative to a ferry over Schuylkill, 400
Discourse between William Markham & some Delaware In
dians, 410
Letter from Governor Fletcher to Lieutenant . Governour
Markham and Council, 417
Remonstrance of the Assembly, April 11th 1694, 420
Governor Fletcher's speech to the Assembly May 23d, 1694, 422
Table showing the amount of Tax levied and paid in each
county at the rate of one penny in the pound, 425
Governor Fletcher's speech May 29th 1694, 426
June 2d " 430
June 7th " 432
June 9th " 43.4
RemonstranGe-of Assembly in answer to the Queers Letter, 433
William and Mary's Letters patent restoring William Penn to
the government of Pennsylvania, 437'
Commission of William Markham to be Governor, under Wil
liam Penn, of Pennsylvania and Countries annexed, 438
Commission to John Goodson & Samuel Carpenter to be as
sistants, 439
Speech of Governor Markham to the council June 29th 1695, 444
to the Assembly May 20th 1695, 448
" " " 29 " 451
" " Sept. 10th 1695 455
Answer of the Assembly, 457
Speech of Governor Markham to the Council September 28th
1696, 461
Record of the Road from Tho. Parson's water bridge Race
to Oxford, in Oxford Creek, behind Dan Streets house, 466
Record of the road from Richard Dungworth's mill to Thomas
Parson's grist mill, 46.6
Record of the road from Dunken William's landing to the old
kings road, 467
Speech of Governor Markham to the Assembly October 30th
1696, 470
Report of the Assembly relative to raising money, 472
Order of Council relating to the petition of the inhabitants of
Bucks county for a market town, 480

CONTENTS.
"Report of a committee of the Assembly on Governor Fletcn-
ers letter, 486
William Penn's letter relative to the growth of vice in Phila
delphia, ,, 494
Report of the committee appointed to consider William Penn's
letter, 495
Proclamation by the Governor and Council, 497
Petition of Samuel Carpenter and others requesting that a so
ciety may be incorporated for the Establishment of a pub
lic school, 499
Commission to Francis Nicholson to appoint Judges, &c, for
tne court of Admiralty, 500
Commission to Matthew Birch to be Collector at Newcastle, 50l
Commission to John Bewley to be Collector, 502
Commission to M. Birch to be Surveyor, &c. 503
Commission to William Massey to be Collector, 505
Letter from the Justices of Sussex county relative to a piratical
vessel, 597
Petition of John Adams relative to the seizure of his goods, 509
.Petition of David Evans, 517
Letter from Richard Halliwell relative to James Meinzies of
Boston, 528
Complaint of the Inhabitants of Newcastle, 532
Return of Couneil and Assembly, May 10th 1699, 536 568
Order of Council relative to the quality and weight of bread 553
Speechof William Penn to the Council & Assembly, 568
Memorial of Robert Quarry against David Lloyd, 577
Proceedings upon the petition of Robert Turner, 58 1

No. I.
MEMORIAL or THE
American Philosophical Society, ami of the Histori
cal Society of Philadelphia.
RECOMMENDING THE PUBLICATION OF CERTAIN ANCIENT RECORDS.

To the Honorable the Senate and House of Representatives of the
Commonwealth of Pennsylvania.
The memorial of the American Philosophical Society held at Phi
ladelphia, for promoting useful knowledge, and of ,the Historical
Society of Pennsylvania, by their committees for this purpose, spe
cially appointed, most respectfully sheweth :
That it is the misfortune of the Nations of the old Continent, that
their early history is lost in the night of time. Excepting the Holy
Scriptures, no records have been preserved of the first settlements of
mankind. All else beyond a period not very remote is veiled in ob
scurity. Recourse has been had to fabulous traditions made up of
fabled Hero's and Demi-gods in abundance, the offsprings of vanity
and of ignorance. Of our British ancestors, nothing is known be
fore the invasion of their island by Julius Caesar, of our German
fo'refathers, the noble defence made by the immortal Herman against
the legions of Varus, whom he -defeated and conquered, is the first
authentic account, after which follows a long period of darkness to
the time of their great emperor Charlemagne. The ancient history
of Asia, (the cradle of mankind) engages at this moment the attention
of the learned of Europe. For that purpose, Asiatic societies have
been formed under royal patronage, both in England and in France.
The study of Egyptian antiquities is every where patronized, en
couraged and promoted. Scientific travellers are sent to that country
at royal expense, obelisks and other monuments are imported at an
immense cost, and grace the public squares, the museums, and other
repositories of the great capitals. England boasts of the rosetta mo
numental stone. France of her Egytian obelisk, which once adorned
ancient Thebes, and is now erected in the midst of her capital, where
it is the most attractive object to the admiration of travellers. Un-
ble to penetrate into the future, man loves to inquire into the past, to
interrogate his most remote ancestors, and to learn from their ex
perience how to pursue good and eschew evil. He is disappointed
and mortified, when instead of historical facts, he finds fabulous re^
cords and incredible tales, more calculated for the amusement of
children than the instruction of mankind.

II INTRODUCTORY
It is the good fortune of the people of these United States, that
their early historv is not involved in obscurity and doubt. Although
of recent origin, i't already engages the attention of the learned in this
country and elsewhere. Historical and antiquarian societies are es
tablished in almost every state in the Union, and their labours are
eagerly sought after and read by our citizens with patriotic pleasure,
and by foreigners with ardent curiosity.
The history of Pennsylvania deserves and obtains a particular at
tention. She alone can boast of a founder, whose name will go down
to posterity, with those of the most celebrated Legislators. Her citi
zens are descended from two illustrious nations, alike renowned for
science, and for the glory acquired by arms. The mixture of Ger
man and of British blood, has implanted in our commonwealth those
solid virtues which lead nations to prosperity ; and the warmth of the
Irish heart, has not contributed a little to the character which she
has acquired for generous hospitality. In every respect, her history-
is full ol interest and will become so more and more. It is therefore
of the highest importance, that the authentic records from which that
History is to be deduced should not -be lost to posterity. The facts
posterior to our revolution are in no danger of being so lost, the press
since that time has been active in perpetuating them, in the shape, of
journals, newspapers and printed records of every description. But
it is not so with the materials of our colonial history. In single
manuscript copies, they are deposited in the office of the Secretary of
State, where fire or some other accident may in a moment destroy
them so that those interesting memorials, unless 'effectual measures
are taken to preserve them, will be lost to us and to our posterity
forever. Among those documents the most important is undoubtedly the
minutes of the Provincial Council from the organization of the Co
lonial government under William Penn, down to the revolution. This
invaluable record was fortunately preserved amidst the horrors of war
and the troubles attending our revolution. If it should be lost a link
will be wanting in the chain of events which constitute the history of
our state. Your honors well know that the council were not onlv
possessed of the executive power, but were also a branch of the legis
lature, as they had a negative upon all the laws proposed by the&as-
sembly. If the records of their[proceedings should by some accident
be lost, many important parts of our colonial history will be left in
obscurity, and false notions will at length be established in their stead
by the ingenuity or perhaps design of future chroniclers.
More than eighty years ago, in the year 1752, when Pennsylvania
was yet a poor infant colony, and her means and resources were not
in the least degree to be compared to those of this rich and powerful
state, a patriotic legislature caused to be printed at their expense, the
voles and proceedings of their predecessors from the time of the land
ing of the founder, and his first assembly held at Chester in 1682,
and the work was continued in six large folio volumes, down to the
time of our revolution. The cost of this publication must have been

DOCUMENTS. Ill
to them and to the people whom they represented, comparatively im
mense, while on the contrary, your memorialists have reason to be
lieve that that of publishing the minutes of council will be but trifling,
particularly if we consider it in comparison with their importance.
They hope that your honors will not show themselves in this respect,
less patriotic than their noble and virtuous predecessors.
Next to the minutes of Council, your memorialists consider the
treaties made with the Indians under the colonial government, to be the
most important. They will be of the utmost interest to our descen
dants, and it will be highly honorable to this great state, to show to
the world that in all the relations of Pennsylvania with the Indian
tribes, no recourse has been had to war or to the shedding of human
blood, except when we were obliged to combat them as the allies of
anothor nation, who employed them for the purpose of subduing our
country. What other public ante -revolutionary documents there are in the
Secretary's office that may be thought worthy of publication, your
memorialists do not know ; but they would humbly suggest the pro
priety of having a correct list of them made and published for future
consideration ; and also, that those who are engaged in the study of
the history of our country, may know what materials exist in the
possession of the government, which may be consulted by them in
the prosecution of their labours.
Your memorialists therefore respectfully pray that your Honors
will be .pleased to take the above suggestions into their serious con
sideration, and adopt such measures as their wisdom shall dictate in
favor of the objects of this memorial.
And they shall ever pray, &c.
For the American Philosophical Society, held at Philadelphia, for
promoting useful knowledge.
PETER S.DU PONCEAU, 7 Committee
J. FRANCIS FISHER. 5 tommmee-
For the Historical Society of PennsylAania,
PETER S. DU PONCEAU, ? CommiUee
JOB R.TYSON,
Philadelphia, December 8th, 1836.

IV INTRODUCTORY

NO. II.
REPORT
OF THE COMMITTEE OF THE HOUSE OF REPRESENTATIVES.

J. Washington Tyson, Chairman.

The Committee to whom was referred the joint memorial of the
American Philosophical Society, held at Philadelphia, for promoting
useful knowledge and of the Historical Society of Pennsylvania, re^
commending the publication of certain ;ptiblic records, report:
That they have examined the subject with that attention which its
importance and the character of the memorialists demand. These
two societies whose memorial is before the committee include a large
portion of the intellect, literature and science of Philadelphia. One
of them, the Historical society of Pennsylvania, has for its objects,
the collection and preservation of the materials of our domestic his
tory. All know how much it has already contributed to these pur
poses and to the correction of historical errors. Its published me
moirs, attest the'intelligence, industry and public spirit of its members.
About twenty years ago, the Philosophical Society, added to its
standing committees, a committee of history. Since that perisd, it
has embraced within the wide circle of its investigations, every thing
connected with our state and federal annals. The volume published
by the committe, comprising a learned correspondence between Du
Ponceau, and Heckewelder, and; an excellent account of the Moravian
Indians, by the latter, as well as the collections which, it is under
stood, have since been made, constitute some of the Historical claims
of the society. As chairman of each of the two committees who
drafted the memorial before us, it is gratifying to find the name of
the distinguished and venerable Du Ponceau, himself— a name of
which the state, nay, the whole country, has so much reason to be
proud for his great talents, deep erudition and fervent patriotism —
The memorial is therefore commended to the respectful consideration
of this body, by the character of the memorialists who speak in it
upon their own subject, upon one with which they may be presumed
to be intimately acquainted ; and upon one of high and commanding
importance to the state. °
In regard to the prayer of the memorialists, your committee can
not but heartily concur in the opinion, that it is important to preserve
from eventual destruction and all detriment, the records of this com-
monwealth while under a colonial government, and that the safest
means of effecting such preservation, is to cause them to be published
and widely distributed through the state. These valuable records,
are at present m a state of great insecurity, and liable to many acci
dents, any one of which may occasion their loss and total destruc
ortance g ^^^ SU°h eVentS' is therefore of the highest im-
The history of a country, is all in the acts of its government. The

DOCUMENTS. V
public records are the only safe materials on which the historian can-
rely. Before the invention of printing, those documents could with
difficulty be preserved ; they were liable to be, and immense numbers
of them were in fact destroyed by fire, by foreign and civil wars by
the perishable quality of their materials, and by the carelessness of
those in whose custody they were placed. After the art of printing,
became known, the jealousy of government, prevented for a long pe
riod the publication of most important records, and the proprietary
government of Pennsylvania, participated in that feeling, so that the
proceedings of the colonial councils, were in a great measure cortsid-
ered as state secrets, and accessible but to few. Before the levolu-
tion, their publication could not have been permitted.
In the infancy of the Colony, when printing presses were few, and
the expense of printing too great to be borne by our small and disper
sed population, even the daily proceedings of the legislative body re
mained in manuscript for the space of seventy years. It was not until
the year 1752, that the legislature determined on publishing their
journals; beginning with those of the first assembly, which met at
Upland, now Chester, Delaware county, in the year 1682. It was
a bold and an expensive project for that time, it was nevertheless un
dertaken ; the old journals were printed, and the publication continued
until the period of the revolution. The whole, consisting of seven
large folio volumes, is in our library at this place, and in many of
the public and private libraries throughout the state, a monument of
the zeal and patriotism of our ancestors.
Since the revolution, all important public documents, have been
regularly published under the authority of the legislature, and the
copies have been multiplied through a great number of newspapers,
so that the facts which are to be the materials of our future history,
are beyond the reach of any accident, above contingency, and secure
from the danger of being lost to posterity.
But those of the preceding period, are still exposed to the dangers
of decay, removal, mutilation and destruction. If they should happen
to be lost, through the neglect of the present generation, a stigma
will rest upon us, which no lapse of time can efface. The nations of
Europe are at this moment strongly impressed with the necessity of
preserving their ancient records, by means of the press. The go
vernment of Great Britain have, at an immense expense, commenced
the publication of theirs, beginning with Dooms-day book, a record of
the time of William the Conquerer, and thence proceeding through
ihe series of past ages. Thirty two volumes of this collection have
already been published ; sixteen of which are large thick folios, and
no cost has been spared to ensure the accuracy of the text, and the
beauty of the impression. With a commendable liberality, they have
distributed numerous sets of this valuable collection, in America and
Europe, in donations to public libraries, and learned societies, and
amongst others, the American Philosophical Society, and the Library
company of Philadelphia, have shared in that bounty. The latter in
stitution has received the whole collection ; and the former only part

VI INTRODUCTORY
of it, the remainder in England having been accidentally consumed
by fire, so that it is to be begun anew. Other nations are following
that example aided by Antiquarian societies, which are established in
almost every large city of Europe.
The general government of the United States have not been behind
hand, in adopting this mode- of preserving the ancient records of our
Union. They have re-published' the journals of Congress under the
confederation, and many other important documents ; and they have
permitted individuals to have access to their records, and to take co
pies of such papers, as, being of interest, may afford a profit to the
editor who devotes his time and his labor to their publication.
Some of the individual states, and the state of Maryland in particu
lar, have lately taken similar measures for discovering and publish
ing important documents, in which process they have found that a
great number are irrecoverably lost. To avoid' a like misfortune,
your committee think it their duty to recommend the publication of
the colonial records of Pennsylvania, which are in the custody of the
Secretary of the Common wealth. Of the importance and necessity
of multiplying the copies of those valuable and curious papers, we are
impressively admonished by the late fire at Washington — documents
of inestimable price, both in a pecuniary and historical point of view,
were, no doubt, by that event, entirely destroyed. The absence of
duplicates by means of the press) renders the loss altogether irrepa
rable. The memorialists have very properly pointed outthe minutes of the
proprietary councils as those that deserve to be first attended to. —
Your committee, therefore recommend, that they be immediately
printed, under the direction of the Secretary of the Commonwealth.
The publication of other documents may be postponed until it shall
be known of what they principally consist.
The memorialists have mentioned the Indian treaties as next in im
portance. What are called "Indian treaties" are conferences be
tween Indian chiefs deputed by their respective tribes, and the go
vernors of the colony of Pennsylvania, in which their mutual interests
are discussed and settled. Several of those are contained in the min
utes of council, and need not be printed twice. Under the name of
"Indian treaties" are also designated the deeds and conveyances of
lands made by Indian chiefs or land owners, to the proprietors. Of
these, the late Judge Smith has given a full abstract in the second
volume of his edition of the laws of Pennsylvania. It will neverthe
less be desirable that they should be published at large, as many titles
to lands are derived from them, and they are msreover interesting in
an historical point of view. But as the minutes of council are most
important among our ancient records, your committee would recom
mend their publication in the first instance.
Your committee have not had time to inspect the public documents
in the Secretary's office with that care which they desired to bestow
upon them, and which would have enabled them to give to the House
a clear view of their contents.

DOCUMENTS* Vll

It is their opinion that the Secretary should he directed to prepare
a report on their contents, to be laid before the legislature at their
next session, by means of which they will bo best able to determine
which of them deserve to be published, and to act thereon as their
wisdom shall direct.
In accordance with these views, the committee beg leave to report
the accompanying bill.

. No. III.
Extract from the Act of April 4th, 1837, authorizing the printing
of the Minutes of the Provincial Council.
Section 2. That the Minutes of the Council of the Proprietary
Government, from the year one thousand six hundred and eighty,
one, to one thousand seven hundred and seventeen, inclusive, which
are deposited in the office of the Secretary of this Commonwealth,
with a suitable index, and such introductory matter as may be deem
ed proper, be immediately printed, in the octavo form, under the
direction of the said Secretary, to the number of one thousand copies :
Provided, That the cost does not exceed three thousand dollars.
Section 3. That two hundred copies of the said Minutes, when
printed, shall be placed in the hands of the Governor, to be by him
distributed among learned societies and public libraries, in other
states of this Union, at his discretion ; that twenty copies shall be
presented to the director of the Philadelphia Athenaeum, twenty copies
to the Historical society, to be by them deposited as they may think
best for their preservation and safe keeping; one copy to each of the
several Colleges within the Commonwealth, five copies to the Frank'
lin library in the city of Philadelphia, and one copy deposited in each
of the several Record offices in the Commonwealth, and one copy
placed in the hands of the members of the present Legislature, five
copies in the Stale library, and one copy in each of the public libra
ries of the state, five copies to the Historical society.
Section 4. That the Secretary of this Commonwealth shall pre
pare and report to the legislature at their next session a list of the
Colonial documents deposited in his office, with his opinion as to
those that are worthy of preservation by means of the press, and the
probable expense of publishing the same.
Section 5. That the said Secretary of the Commonwealth shall
cause the original charter of Pennsylvania, now in his office, to be
framed, covered with glass, and placed in said office for the inspec/
tion of visitors, and that the expense thereof be paid out of any fupds
in the Treasury, not otherwise appropriated.
LEWIS DEW ART.
Speaker of the House of Representatives.
J. R. BURDEN, Speaker of the Senate.
Approved— The fourth day of ApriU A. D.,eighte«!h hundred and
thirty-seven. JOS. RITNER.
2

viir intrGduotcrv No. IV.
Extract from the Act of April 14th, 1838, relative to the printing
and distribution of the Colonial Jiecords.
Section 7. That the Secretary of the Commonwealth be, and he is
hereby authorized and required, to continue the printing of the Min
utes of the Council of the Proprietary Government, down to the period
of the Revolution, on the plan by him proposed in his report to the
Legislature of the thirtieth of January last, and to include the other
public records and documents therein mentioned, to be added as
appendixes to each volume, to the number 'of fifteen hundred copies.
' Section 8. That the Secretary be, and he is hereby authorized to
purchase of the printer, for the use of the state, the five hundred
copies of the first volume which he has printed over and above the
one thousand copies directed by the act entitled "A supplement to the'
act entitled, an act lo authorize the printing and distribution of the
pamphlet laws in the Ge.iman language, and for other purposes,''
passed Anno Domini, one thousand eight hundred and thirty-seven.
Section 9. That one thousand out of the fifteen hundred copies of
the work directed to be printed and purchased, be disposed of b3r a
subscription, lo be opened at the several County Treasuries of the
Commonwealth, at the price of one dollar and sixty cents per vol
ume, the proceeds whereof shall be applied to the continuation of the
work, and to the binding of the volumes.
Section 10. That one thousand one hundred and forty-six dollars
and twenty-five cents be, and the same is hereby appropriated for
purchasing the additional five hundred copies and carrying on the
work, in addition to the appropriation of last year, until the proceeds
of the subscription shall come into the Treasury.
Seption 11. That the Secretary be, and he is hereby authorized
to employ a clerk to. aid him in the prosecution of the woik, at a
salary of eight hundred dollars per annum, to be charged on the
Treasury, and to be paid to him from the time that he has begun to
be so employed.
Section 12. That two hundred copies of said Minutes, when
printed and bound, shall be placed in the hands of the Governor, to
be by him distributed among learned societies and public libraries,
in other states of this Union, at his discretion ; that five copies shall
be presented to the American Philosophical society, five to the Histo
rical society, five to the Philadephla library, two"lo the Philadelphia
Athasneum, one copy to each of the several Colleges and public Li
braries in the stale, one to each of the members and clerks of the
present and last legislature, and that five copies shall be deposited in
the State Library, and one copy in each of the Record offices of the
Comnnnweailth. ^°J«N 13' That the third section of the supplement to the act
entitled " Xn act to authorize the printing and distribution of the
pamphlet la*s in the German language, passed January twenty-third
A. JJ., one thtusand eight hundred and thirty-seven, and for other
purposes, be and the same is hereby repealed.

DOCUMENTS.

No. V.
CHARTER OF THE
PROVINCE OF PENNSYLVANIA-

CHARLES THE SECOND, BY THE GRACE OF GOD King
of England, Scotland, France and Ireland, defender of the faith, &c.,
To all to whome these presents shall come GREETING. , Whereas
our Trustie'and well beloved Subject, William Penn, Esquire, sonn
and heireofSir William Penn, deceased, out of a commendable desire
to enlarge our English Empire, and promote such usefull comodities
as may bee of benefitt to us and our Dominions, as alsoe to reduce
the Savage Natives by gentle and just' manners to the love of civill
Societie and Christian Religion hath humbley besought leave of vs
to transport an ample colonie vnto a certaine Countrey hereinafter
described in the partes of America not yet cultevated and planted.
And hath likewise humbley besought our Royal! majestie to give
grant, and confirme all the said countrey with certaine priviledges
and Jurisdiccons requisite for the good Government and saftie of the
said Countrey and Colonie, to him and his heires forever. KNOW
YEE, therefore, that wee, favouring the petition and good purpose
of the said William Penn, and haveing regard to the memorie and
meritts of his late father, in divers services, and perticulerly to his
conduct, courage and discretion vnder our dearest brother, James
Duke of Yorke, in that signall battell and victorie, fought and obteyn-
ed against the Dutch fleete, eomanded by the Heer Van Opdam, in
the yeare One thousand six hundred sixtie five, in consideration there
of of our special grace, certaine knowledge and meere motion, Have
given and granted, and by this our present Charter, for vs, our heires
and successors, Doe give and grant unto the said William Penn, his
heires and assignes all that tract or parte of land in America, with all
the Islands therein conteyned, as the same is bounded on the East by
Delaware River, from twelve miles distance, Northwarde of New
Castle Towne unto the three and fortieth degree of Northern latitude
if the said River doeth extend soe farre Northwards; But if the said
River shall not extend soe farre Northward, then by the said River
soe farr as it doth extend, and from the head of the said River the
Easterne bounds are to bee'determinedbya meridian line, to bee drawn
from the head of the said River vnto the said three and fortieth de
gree, the said lands to extend Westwards, five degrees in longitude,
to bee computed from the said Easterne Bounds, and the said lands
to bee "bounded on the North, by the beginning of the three and for
tieth degree of Northern latitude, and on the south, by a circle drawne
at twelve miles, distance from New Castle Northwards, and
Westwards vnto the begining of the fortieth degree of Northerne
Latitude; and then bya.streight line Westwards, to ihe limitt of
Longitude above menconed. WEE DOE alsoe give and grant vnto

j£ INTRODUCTORY
the said William Penn, his heires and assignes, the free and yndis-
tnr'bed vse, and continuance in and passage into and out of all and
singular Ports, harbours, Bayes, waters, rivers, Isles and Inletts, be
longing vnlo or leading to and from the Countrey, on Islands afore
said; and all the soy ItC lands, fields, woods, vnderwoods, mountames,
hills, fenns, Ues.Lakes.Rivers, waters, rivuletts,Bays and Inletts, scit-
uate or being within or belonging vnto the Limitts and Bounds aforesaid
togeather with the fishing of all sortes of fish, whales, sturgeons, and
all Royall and other fishes in the sea, bayes, Inletts, waters or Riv
ers, within the premises, and the fish therein taken, and alsoe all
veines. mines and quarries, as well discovered as not discovered, of
Gold, Silver, Gemms and pretious Stones, and all other whatsoever,
stones, metalls, or of any other thing or matter whatsoever, found or
to bee found within the Countrey, Isles, or Limitts aforesaid ; and
him the said William Penn* his heires arid assignes, WEE DOE, by
this our Royall Charter, for vs, our heires and successors, make,
create and constitute the true and absolute proprietaries of the Coun
trey aforesaid, and of all other, the premises, saving alwayes to vs,
our heires and successors, the faith and allegiance of the said William
Penn, his heires and assignes, and of all other, the proprietaries ten
ants and Inhabitants that are, or shall be within the Territoriesfand
precincts aforesaid; and saving alsoe vnto vs, our heires and Succes
sors, the Sovreignity of the aforesaid Countrey, TO HAVE, hold' and
possesse and enioy the said tract of Land, Countrey, Isles, Inletts and
other the premises, vnto the said William Penn, his heires and as
signes, to the only proper vse and behoofe of the said William Penn,
his heirs and assignes forever. To bee holden of vs., our heires and
Successors. Kings of England, as of; our Castle of Windsor, in our
County of Berks, in free and" corwm socage by fealty only for all
services, and not in Capite or by Knights service, Yeelding and pay
ing^ therefor to us( our heires and Successors, two Beaver Skins to bee
delivered att our said Castle of Windsor, on the first day of January,
in every yeare ; and also the fifth parte of all Gold and silver Oare,
which shall from time to time happen to bee found within the Limitts
aforesaid, cleare of all charges, and of our further grace certaine
knowledge and meere mocon, wee have thought fitt to Erect, and wee
doe hereby Erect the aforesaid Countrey and Islands, into a province
and Seigniorie, and doe call itt Pensilvania, and soe from henceforth
wee will have itt called, and forasmuch its wee have hereby made,
'and ordeyned the aforesaid William Penn, his heires and assignes,
the true and dbsolute Proprietaries of all the Lands and Dominions
^aforesaid. KNOW YEE' therefore, that wee reposing special trust
and confidence in the fidelitie, wisedome, Justjce and provident cir-
cumspeccon of the said William Penn, for vs,-our heires and succes
sors, Doe grant fKe^4ulLfinA_Ab^.ute__£ower, by vertue of these
presents to him and his heirs, and to 'lis and their Deputies, and Lieu
tenants, for the good and h'appy government of the said Countrey, to
ordeyne, make, enact and vnder his and their Seales tq publish any
Lawes whatsoever, for the raising of money for the publick vse of
the said province, or for any other end apperteyning either vnto the

DOCUMENTS. XI

. publick state peace, or safety of the said Countrey, or vnto the private
vtility of perticular persons, according vnto their best discretions, by
and with the advice, assent, and approbacon of the freemen of the
said Countrey, or the greater.,parte of them, or of their Delegates or
Deputies, whom. for the Enacting of the said Lawes, when, and as
often as need shall require. WEE WILL, that the said William
Penn, and his heires shall assemble in such sort and forme as to biift
and them shall seeme best, -and the same lawes due.ly to execute vnfo,
and upon all people within _the said Countrey and limitts thereof; and
WEE.doe likewise give and grant unto the, said William Penn, and
his heires, and to his and their Deputies and Lieutenants, such power
and authoritie to appoint and establish any Judges, and Justices, ma
gistrates and officers whatsoever, for what causes soever, for the pro
bates of wills and for the granting of administracons. within the pre
cincts aforesaid, and with wJial power soever, and in such forme as
to the said William Penn, or his heires, shall seeme most convenient.
Alsoe to remitt, release, pardon and abolish, whether before Judgement
or after, all crimes and offences, whatsoever comit-ted. within the said
Countrey, against the said Lawes, treason and wilfull and malitious
murder onely excepted; and in those cases, to grant reprieves untill
our pleasure may bee knowne therein, and to dne all and every other
thing and things which vnto the compleate establishment of Justice
vnto Courts andTribunalls, formes of Judicature and manner of pro
ceedings doe belong, altho' in these presents expresse mencon bee
not made thereof; and by Judges by them delegated to award pro-
cesse, hold pleas and determine in all the said'"Courts and Tribunalls,
all accons, suits and causes whatsoever, as well criminal 1 as civill, .
personall, rsall and mixt, which Lawes soe as aforesaid, to bee pub
lished. Our pleasure is, and soe Wee enioyne require and comand
shall bee most absolute and avaylable in law, and that all the Liege
psople and Subjects of vs, our heires and successors,, doe observe and
keepe the same inviolable in those partes, soe farr as they concerne
them, vnder the paine therein expressed, or to bee expressed. Pro
vided; Nevertheles, that the said Lawes bee consonant to reason, and
bee not repugnant or ccntrarie, but as neere as conveniently may bee
agreeable to the Lawesj. statutes and rights of this our Kingdome of
England, and saveing and reserving to vs, our heires and successors,
the receiving, heareing and determining of the appeale and appeales,
of all or any person or, persons, of, in or belonging to the territories
aforesaid, or touching any Judgement to bee there made or given. —
And forasmuch as in the Government of soe great a Countrey, sudden
accidents doe often happen, whereunto itt will bee necesaarie to apply
a remedie before the freeholders of the said Province, or their Dele
gates or Deputies can bee assembled to the raakeing of Lawes, nei
ther will itt be convenient that instantly vpon every such emergent
occasion, soe greate a multitude should be called together. There-
tore, for the better Government of the said Countrey, WEE WILL,,
and ordeyne, and by these presents for vs, our "heires and successors,.
Doe grant vnto the«said William Penn, and his heires, by themselye&,
vcs.. i.

XII INTRODUCTORY
or by their magistrates and officers, in that behalfe, duely to bee or-
deyned as aforesaid, to make and constitute, fitt and wholesome or
dinances from time to time-within the said Countrey, to bee kept and
observed as well for the preservacon of the peace, as for the better
government of the people thereiinhabiting, and publickly to notifie the
same, to all persons whome the same doeth or any way may concerne,
"which ordinances our will and pleasure is, shall be observed inviola
bly within the said Province, vnder paines therein to bee-expressed,
soe as the said ordinances bee consonant to reason and bee not re
pugnant nor contrary, but soe farre as conveniently may bee agreeable
with the Lawes of our kingdome of England, and soe as the said
ordinances be not extended in any sort to- bind, charge or take away
the right or interest of any person or persons, for or in their- life,
members, freehold, goods or Chattells; and our further will and pleas
ure is, that the Lawes for regulateing and governing of properiie,
within the said Province, as well for the descent and enioymeiit of
lands, as likewise for the enioyment and succession of goods and
Chattells, and. likewise as to felonies, shall bee and continue the same
as shall bee for the time being, by'the generall course of the Law
in our Kingdome of England, vntill the said Lawes shall bee altered
by the said William Penn, his heires or assignes, and by the freemen
of the said Province, their Delegates or Deputies, or the greater part
of them. And to the End the said William Penn, or heires, or other,
¦ the Planters, Owners or Inhabitants of the said Province, may not att
any time hereafter, by misconstrucon of the powers aforesaid.
through inadvertiencie or designs, depart from that faith and due al
legiance which by the Lawes of this our Realme of England, they
and all our subjects, in our Dominions and Territories, always owe
vnto vs, our heires and successors, by colour of any extent orlarge-
uesse of powers hereby given, or pretended to bee eiven, or by force
or colour of any lawes hereafter to bee made in the said Province,
by virtue of any such. pjowers^/ Our further will and pleasure is, that
a transcript or Duplicate of all lawes which shall bee soe as aforesaid,
made and published within the said province, shall within five -jeares

if
shall be soe transmitted and delivered, tee declared by vs7ourheires
and successors, in our or their privy Councell, inconsistent with the
sovereignly or lawful! prerogative of vs, our heirs or successors, or
contrary to the faith and allegiance due by the Ifegall Government
of this realme, from the said William Penn, or his heires, or of
the Planters and Inhabitants of the said province; and that therevpon
any of the said Lawes shall bee adiuged and declared to bee void by
vs, our heires or successors, vnder ouror their Privy Seale, that then,
and trom thenceforth such Lawes concerning which such Judgement
and declaracon shall bee made, shall become vovd, otherwise the
said lawes soe transmitted, shall remaine and stand in full forte ac-
cording to the true intent and meaneing thereof Furthermore, that

DOCUMENTS XIII
that this new Colony may the more happily increase.-by the multi
tude of people resorting thither : THEREFORE, WEE, for vs, our
heires and successors,, doe give and grant by these presents, power
licence and libertie vnto all the liege people and subjects, both present
and future of vs, our heires and successors, excepting those who
shall bee especiallyforbidden, to transport themselves and families vnto
the saidfCountrey, with such convenient shipping, as by the lawes of
this, our kingdome of England, they ought to vse with fitting provisions
paying only the customes therefore due, and there to settle them
selves, dwell and inhabitt and plant for the publick and' their own
private advantage ; AND FURTHERMORE, that our subiecls may
bee the rather eneouraged to undertake this expedicon with ready
and cheerfull mindes. KNOW YEE,.lhat wee of our especial graco
certaine knowledge and meere mocon, Doe give and grant by vertue
of these presents, as well vnto the said William Penn and his heires,
as to all others who shall from time to time repaire vnto the said
Countrey, with a purpose to inhabitt there, or to trade with the
natives of the said Countrey, full license to lade and freight in any
Ports whatsoever of vs, our heires anil successors, according to the
lawes made, or to be made within our kingdome of England, and into
thesaid Countrey, by them,, theire servants or assignes, to transport
all and singular theire wares, goods and merchandizes, as likewise,
all sorts of graine whatsoever, and all other things whatsoever he-
cessary for food or cloathing-, not phibited by the lawes and Sta
tutes of our kingdomes and Dominions, to be- ca-rryed out of the said
kingdomes without any lett or molestacon of vs, our heires and
successors, or of any the officers of vs, our heires and successors,
saveing alwayesto vs, our- heires' and successors, Ihe legall impossi-
tons, customes and other duties and payments for the said wares and
merchandize, by any law or statute due or to be due to vs, our heires
and successors. AND WEE DOE further for vs, our heires and
Successors, give and grant vnto the said William Penn, his heires
and assignes, free and absolute power to Divide the said Countrey,
and Islands, into Townes, Hundreds and Counties, and to erect and
incorporate Townes into. Borroughs, and Burroughs into Citties, and
to make and constitute ffaires and raarketts therein, with all other
convenient privileges and imunities according to the meritt of the
inhabitants, and the ffittnes of the places ; & to doe all and every
othe: thing and things touching the premises which to him or them
shall seeme requisite, and meet, albeit they be such as of their owne
nature might otherwise require a more especiall comandment and
warratt, then in these presents is expressed. WEE WILL ALSOE,
and by these presents for vs, our heires and' successors, WEE doe
give ard grant licence by this our charter, vnto. the said William
Peon, lis heires and assignes, and to all inhabitants and dwellers in
pvince ^foresaid, both present, and to come, to import- or vnlade by
themsehes or their Servants, factors or assignes, all- merchandizes
and gools whatsoever,-that shall arise of thefruites and"eomoditiesof
th© saidprovince,, either bar. Lands ©r Sea, into any of the Ports of vs,

INTRODUCTORY

our heires and successors, in our kingdome of England, and not into
any other countrey whatsoever. And WEE give him full power to
dispose of the saiil goods in the said ports, and if need bee, within
one yeare next after the unlndeing of the same, to lade Ihe said mer
chandizes and goods again into the same or other shipps, and to
export the same iuto any other Countreys, either of our Dominions
or fforreigne. according>lo lawe :. Provided ahvaves, that they pay
such, customes r.nd irnposicons,' subsidies and duties for the same to
vs, our heires and successors, as the rest of our subiects ol our king-
dome of England, for the time being shall be bound to pny, and doe
observe the acts of Navigation and other lawes in that bRhalle made.
AND FURTHERMORE, of our more ample and especiall grace, cer
tain knowledge and meere motion, AVEE DOE, for vs, our heires and
successors, Grant v-nto the said William Penn, his heires and as
signes, full and absolute power and authorise, to make, erect and
constitute wiihin the said province, and the Isles and Isletts afore
said, such and soe many Seaports, harbours, Creeks, Havens, Keyes
and other places, for discharge and vnladeing of goods, & merchandize
out of the shipps, boates and other vessells,and Ladeing them in such
and soe many places, and with such rights, Jurisdiccons, liberties and
priviledges unto the said ports, belonging as to him or them, shall
seeme most expedient, and that all and singuler the shipps, boates
and other vesse.lls, which shall come for merchandize and trade, ynto
the said pvince, or out of the same shall depart, shall be laden or
vnladen onely att such ports as shall be erected and constituted by the
said William Penn. his heires and assignes, any vse,custome or other
thing to the contrary notwithstanding: PROVIDED, that the said
William Penn and his heires, and the Lieutenants and Governors
for the time being, shall admitt- and receive in and about all such
•ports, havens, Creeks and Keyes, all officers and their Deputies, who
shall from time to time be appointed for that purpose, by the ffarmers
or Comissioners of our customes, for the time being. AND WEE
DOE further appoint and ordaine, and by these presents for vs.
our heires and successors, WEE DOE grant vnto the said Wil
liam Penn, his heires and assignes, that he the said William Penn,
ins heires and assignes, may from time to time forever, have And
enioy the customes and subsidies in the ports, harbours and ether
Creeks, and places aforesaid, within the pvince aforesaid, payable or
Hue for merchandizes and wares, there to be laded and vnladetf.the
said customes, and subsidies to be reasonably assessed, vpon any oc
casion by thenwelues and the people there as aforesaid, to be Assem
bled to whom WEE give power, by these presents for vs, our heires
and successors, vpon iust cause, and'in a due pporcon, to assesse
and impose the same, saveing vnto vs, our heires and successors.
such imposcons and customes as by act of parliament are ttad shall
WiS ^ ??a't.wo"'/urthor ^1 ^d pleasure, thatlhe said
William Penn, his heires and ass.gnes„-shall from titae to tirJe consti-
nf T '^ app°u ¦ a"«tt0fn,ey or agent, no reside in or neare ur Cittv
ot London, who shall make knowne the place where he srpH dwell
or may be found, vnto the Clerks of Our privy Counsell, forlhe time

DOCUMENTS. XV
being, o* one or them, and shall be ready to appeaie in any of our
Courts att Westminster, to answer for any misdemeanors that shall
be eomitted, or by any wilfull default or neglect pmitted by the
said William Penn, his heires or assignes, against our Lawes of
Trade of Navigacon, and after it shall be ascertained in any of
our said Courts, what damage* WEE or our heires or successors
shall haue sustained, by such default or neglect, the said William
Penn, his heires and assignes, shall pay the isame within one yeave
after such taxacon and demand thereof, fiom such attorney, or> in
case there shall be noe such attorney, by the space of one yeare, or
such attorney shall not make payment of such damages, within the
space of one yeare, and answer such other forfeitures and penalties
within the said time, as by the acts of parliament in England, are or
shall be pvided. according to the true • intent and meaning of these
presents ; Then it shall be lawfule for vs, our heires and successors,
to seize and Resume the government of the said pvince or Countrey,
and the same to retains untill payment shall be made thereof. BVt
notwithstanding any such seizure or resumption of the Government,,
nothing concerening the propriety or ownership of any Lands', Tene
ments or other hereditaments, or goods, or chattels of any the
adventurers, Planters or owners, other then the respective offenders
there, shall be any way affected or molested thereby : PROVIDED
alwayes, and our will and pleasure is that neither the said William
Penn, nor his heires, nor any other the inhitants Of the said
pvince, shall at any time hereafter haue or maintain any correspon
dence wi'.h any other king, prince or State, or with any of theire
subiects, who shall then be in warr against vs, our heires or succes
sors ; Nor shall the said William Penn, or his heires, or any other
the inhabitants of the said pvince, make warre or doe any act of
hostilitie against any other king, prince or state, or any of their
subieets, who shall then be in league or amity with vs, our heires or
successors. And because in soe remote a Countrey, and scituate
neare many Barbarous Nations, the incursions as well of the savages
themselues, as of other enemies, pirates and Robbers, may pbably be
feared. Therefore, WEE have given and for vs, our heires and
successors, Doe give power by these presents vnto the said William
Penn, his heires and assignes, by themselues or their Captaines or
other, their officers to levy, muster and~ traine all sorts of men, of
what condicon, or wheresoever borne, in the said pvince of Pen-
sylvania, for the time being, and to make warr and pursue the ene
mies and Robbers aforesaid, as well by Sea as by Land, yea, even
without the Limits of , the said pvince, and by God's assistance, to
vanquish and take them, and being taken, to put them to death by
the law1 of Warr, or to save them att theire pleasure, and to doe all
and every other act and thing, which to the charge and office of a
Captaine generall of an Army, belongeth or hath accustomed to
belong, as ,fully and ffreely as any Captaine Generall of an Army,
hath ever had the same. AND FURTHERMORE, of our especiall
grace and of our certaine knowledg and meere motion, WEE have

INTRODUCTORY

given and granted, and hy these' presents for vs, our heires and suc
cessors, Doe give and grant vnto the said William Penn, his heires
and assignes, full and absolute power, lifcence and authoritie, That he
the said William Penn, his heires and Assignes, from time to time
hereafter forever, att his or theire will and pleasure, may assjgne,
alien, grant, demise or infeofle of the premises, soe many, and such
partes and parcells to him or them, that shall be willing to purchase
the same, as they shall thinks ffitt. TO HAVE AND TO HOLD to
them, the said person and persons willing to take or purchase, theire
heires and assignes, in flee simple or ffeetaile, or for the terms of life,
or Hues, or yeares, to be held of the said William Penn, his heires
and assignes, as of the said Seigniory of Windsor, by such services,
customes and rents, as shall seeme ffitt to the said William Penn,his
heires and assignes, and not imediately of vs, our heires and succes
sors, and to the same person or persons, and to all and every of
them, WEE DOE give and grant by these presents, for vs, our
heires and successors, Licence, authoritie and power, that such person
or persons may take the premisses or any parcell thereof, of the afore
said William Penn, his heires or assignes, and the same hold to them
selues, their heires and assignes, in what estate of inheritance soever,
in See simple, or in ffeetaile or otherwise, as to him the said William
Penn, his heires and assiones, shall seem expedient,. The Statutes
made in the parliament of Edward, sonne of king Henry, late king
ef England, our predecessor, comonly called the .Statute Quia Emp-
tores terrarum, lately published in our kingdome of England, in any
wise notwithstanding, and by these presents, WEE .give and grant
licence vnto the said William Penn, and his heires, likewise to all
and every such person and persons to whom the said William Penn,
or his heires, sholl at any time hereafter, grant any estate of inheri
tance as" aforesaid, to erect any parcells of Land within the pvince
aforesaid, into mannors, by and with the licence to be first had and
obteyned for that purpose, vnder the hand and seale of the said Wil
liam Penn, or his heires, and' in every of the said mannors, to haue
and to hold a Court Baron, with all thinges whatsoever, which to a
Court Baron do belong; and to haue and to hold view of (frank
pledge, for the conservacon of the peace, and the better government
of those partes by themselves or their Stewarts, or by the Lords for
the time b?ing< of other mannors to be deputed when they shall be
erected, and in the same, -to vse all things belonging-to viewof frank
pledge; and WEE doe further grant licence and authoritie that every
such person'and persons, who shall erect any such mannor or man
nors as aforesaid, shall or may grant all or any parte of his said
lands to any person or persons, in Bee simple or any other estate of
inheritance, to be held of the said mannors" respectively, soe as noe
further tenures shall be created, but that vpon alt further and other
ahenacons thereafter, to be made the said lands soe aliened, shall be
held of the same Lord and his heires, of whom the alien did then
before hold, and by the like, rents and services, which were before
due and accustomed-. And further, our pleasure is and by these

DOCUMENTS. XVlfl
presents for vs, our heires and successors, WEE doe Covenant and
grant to and with the said William Penn, and his heires and assignes,
that WEE, our heires and successors, shall att no time hereafter sett
or make, or cause to be sett, any imposicon, custome or other taxa-
con, rate or contribucon whatsoever, in and upon the dwellers and
inhabitants of the aforesaid pvince, for their lands, tenements, goods
or chattels, within the said province, or in and vpon any goods or
merchandize within the said pvince, or to be laden or vnladen within
the ports or harbours of the said pvince, vnles the same be with the
consent of the pprietary, or chiefe Governor and Assembly, or by act
of parliament in England. And our pleasure is, and for us our
heires and successors, WEE charge and comand, that this our De-
claracon, shall from henceforward be received,, and allowed from
time to time in all our Courts, and before all the Judges of vs, our
heires and successors, for a sufficicient and lawful discharge, pay
ment and acquittance, cornanding atl and singular the officers and
ministers of vs, our heires and successors, and enioyneing them vpon
paine of our high displeasure, that they doe not presume att any time
to attempt any thing to the contrary of the premises, or that they
doe in any sort withstand the same, but that they bee att all times
aiding and assisting as is fitting vnto the said William Penn, and
his heires, and to the inhabitants and merchants of the pvince afore
said, their servants, ministers, ffactors and assignes, in the full vse
and fruition of the beneffitt of this our Charter : And our further
pleasure is, And WEE doe hereby, for vs, our heires and successors,
charge and require that if any of the inhabitants of the 'said pvince,
to the number of Twenty, shall att any time hereafter be desirous,
and shall by any writeing or by any psan deputed for them, signify
such their desire to the Bishop of London, that any preacher or
preachers to be approved of by the said Bishop, may be sent vnto
them for their instruccon, that then such preacher or preachers, shall
and may be and reside within the said pvince, without any Deniall
or molestacon whatsoever ;'and/if pcharice it should happen here
after, any doubts or questions should arise concerneing the true sence
& meaning of any word, clause or sentence, conteyned in this our
present charter, WEE WILL ordaineand comand, that att all times
and in all things such interpretacon be made thereof, and allowed in"
any of our Courts whatsoever, as shall be adiudged most advanta
geous and favourable unto the said William Penn, his heires and
assignes: PROVIDED alwayes, that no interpretacon be admitted
thereof, by which the allegiance due vnto vs, our heires and succes
sors, may suffer any preiudiee-or diminucon, although expres mencon
be not made in these presents, of the true yearly value or certainty
of the premisses, or of any parte thereof, or of other guifts and grntits
made by vs, our pgenitors or predecessors, vnto the said William
Penn, or any Statute, act, ordinance, pvision, pclamacon or restraint
heretofore^ had made, published, ordained orpvided, or any other
thing, cause or matter whatsoever to the contrary thereof, in any

X\ttl 1NTR0DUT0RT
wise notwithstanding. In Witness whereof WEE have caused thes'e
our letters to be made patents, Witness our selfe at Westminster, the
fourth day of March, in the three and thirtieth yeaie of our Reigne.
, J PIGOTT.
By Writt of privy Seale.
John Sbaler, chV.
xxvij die Janry, 1682, Fir.

CERTAIN CONDITIONS OR CONCESSIONS,
Agfeed upon by William Penn, Proprietary and Governor of tfa
Province of Pennsylvania and those who are the adventurers and
purchasers in the same province the Eleventh of July, One
thousand six hundred and eighty one.
First. That so soon as it pleaseth God that the above said persons
arrive there, a quantity of land or Ground plat shall be laid out for a
large Town or City in the most convenient place upon the River for
health and navigaton; and every purchaser and adventurer shall by
lot have so much land therein as will answer to the proportion which
he hath bought or taken up upon rent, But it is to be noted that the
surveyors shall consider what Roads or Highways will be necessary
to the Cities, Towns, or through the lands. Great roads from City to
City not to contain less than forty feet in breadth shall be first laid
out and declared to be for highways before the Dividend of acres be
laid out for the purchaser and the like observation to be had for the
streets' in the Towns and Cities, that there may be convenient roads
and streets preserved not to be encroached upon by any planter or
builder that none may build irregularly to the damage of another. —
In this custom governs.
Secondly. That the land in the Town be laid out together after
the proportion of ten thousand acres of the whole country, that is
two hundred acres, if the place will bear it: However' that the pro
portion be by lot and entire so as those that desire to be together, es»
pecially those that are by the catalogue laid together, may be so laid
together both in the Town & Country.
Thirdly. That when the Country lots are laid out, every purcha
ser from one thousand to Ten thousand acres or more, not to have
above One thousand acres together, unless in three years they plant
a family Upon every thousand acres; but that all such as purchase
together, lie together; and if as many as comply with this Condition,
that the whole be laid out together.
Fourthly* That where any number of purchasers, more or less,
whose number of acres amounts to Five or ten thousand acres, desire
to sit together in a lot or Township, they shall have their lot or
Township cast together, in such places as have convenient Harbours
or navigable rivers, attending it, if such can be found, and in case
any one or more Purchasers plant not according to agreement, in
this concession to the prejudice of others of the same Township upon

DOCUMENTS. XIX
complaint thereof, made to the Governor or his deputy, with assist
ance they may award (if they see cause) that the complaining pur
chaser may, paying the survey money, and purchase money, and
Interest thereof, be entitled, inrolled and lawfully invested in the
lands so not seated.
Fifthly. That the proportion of lands that shall be laid out in the
first great Town or City, for every purchaser, shall be, after the
proportion of Ten acres, for every Five hundred acres purchased, if
the place will allow it.
Sixthly. That notwithstanding there be no mention made in the
several Deeds made to the purchasers, yet the said William Penn,
does accord and declare, that all Rivers, Rivulets, Woods and Un
derwoods, Waters, Watercourses, Quarries, Mines and Minerals,
(except mines Royal,) shall be freely and fully enjoyed and wholly
by the purchasers into whose lot they fall.
Seventhly. That for every Fifty acres that shall be allotted to a
servant, at the end of his service, his Quitrent shall be two shillings
per annum, and the master or owner of the Servant, when he shall
take up the other Fifty acres, his Quitrent shall be Four shillings
by the year, or if the master of the servant, (by reason in the Inden
tures he is so obliged to do,) allot out to the Servant Fifty kacres in his
own Division, the said master shall have on demand allotted him from
the Governor, the One hundred acres, at the chief rent of Six shillings
per annum.
Eightly. And for the encouragement of such as are ingenious,
and willing to search out Gold and silver mines in this province, it is
hereby agreed that they have liberty to bore and dig in any mans
property, fully paying the damage done, and in case a Discovery
should be made, that the discoverer have One Fifth, the owner of the
soil (if not the Discoverer) a Tenth part, the Governor Two fifths,
and the rest to the public Treasury, saving to the king the share re
served by patent.
Ninthly. In every hundred thousand acres, the Governor and
Proprietary by lot reserveth Ten to himself, which shall lie but in
one place.
Tenthly. That every man shall be bound to plant or man so
much of his share of Land as shall be set out and surveyed within
three years after it is so set out and surveyed, or else it shall be
lawful for new comers to be settled thereupon, paying to them their
survey money, and they go up higher for their shares.
Eleventhly. There shall be no buying and selling, be it with an
Indian, or one among another of any Goods to be exported but what
shall be performed in public market, when such place shall be set
apart or erected, where they shall pass the public Stamp or Mark.
If bad ware and prized as good, or deceitful in proportion or weight,
to forfeit the value as if good, and full weight and proportion to the
public Treasury of the Province, whether it be the merchandize of the
Indian or that of the Planters. 3

XX IKTRODUCtOHY.
Twelfthly. And forasmuch as it is usual with the planters to over
reach the poor natives of the Country in Trade, by Goods not being
good of the kind, or debased with mixtures, with which they are sen
sibly aggrieved, it is agreed, whatever is sold to the Indians, in
consideration of their furs, shall be sold in the market place, and
there suffer the test, whether good or bad ; if good to pass ; if not
good, not to be sold for good, that the natives may not be abused nor
provoked. Thirteenthly. That no man shall by any ways or means, in
word or deed, affront or wrong any Indian, but he shall incur the
same penalty of the Law, as if he had committed it against his fel
low planters ; and if any Indian shall abuse, in Word or Deed, any
planter of this province, that he shall not be his own Judge upon the
Indian, but he shall make his complaint to the Governor of the pro
vince, or his Lieutenant or Deputy, or some inferior magistrate near
him, who shall, to the utmost of his power, take care with the king
of the said Indian, that all reasonable Satisfaction be made to the
said injured planter.
Fourteenthly. That all differences between the Planters and the
natives, shall also be ended by Twelve men, that is, by Six planters
and Six natives, that so we may live friendly together as much as iij
us lieth, preventing all occasions of Heart burnings and mischief.
Fifteenthly. That the Indians shall have liberty to do all things
relating to improvement of their Ground, and providing sustenancer
for the families, that any of the planters shall enjoy.
Sixteenthly. That the laws as to Slanders, Drunkeness, Swear
ing, Cursing, Pride in apparel, Trespasses, Distresses, ' Replevins,
Weights and measures, shall be the same as in England, till altered
by law in this province.
Seventeenthly. That all shall mark their hogs, sheep and other
cattle, and what are not marked within three months after it is in
their possession, be it young or old, it shall be forfeited to the Go
vernor, that so people may be compelled to avoid the occasions of
much strife between Planters.
Eighteenthly. That in clearing the ground, care be taken'to leave
One acre of trees for every five acres cleared, especially to preserve
oak and mulberries, for Silk and shipping.
Nineteethly. That all ship masters shall give an account of their
Countries, Names, Ships, Owners, Freights and Passengers, to an
officer to be appointed for that purpose, which shall be registered
within Two days after their arrival ; and if they shall refuse so to
do that then none presume to trade with them, upon forfeiture there
of; and that such masters be looked upon as having an evil intention
to the province.
Twentiethly. That no person leave the Province without publica
tion being made thereof in the market place, Three weeks before, and
certificate from some Justice of the peace, of his clearness with bis

DOCUMENTS. XXI
ncghbours and those he has dealt withal, so far as such an assurance
can be attained and given ; and if any master of a ship shall con
trary hereunto receive, and carry away any person that hath not
given that public notice, the said" master shall be liable to all debts
owing by the said person, so secretly transported from the province.
Lastly, that these are to be added to or corrected by and with the
consent of the parties hereunto subscribed.
Sealed and delivered in the presence of WILLIAM PENN.
William Boelham, Humphry South,
Harbert Springet, Thomas Barker,
Thomas Pi udyard, Samuel Jobson,
Sealed and delivered in the pre- John Joseph Moore,
sence of all the proprietors who William Powel,
have hereunto subscribed, except Richard Davie,
Thomas Farrinborrough and John Griffith Jones,
Goodson, in the presence of Hugh Lambe,
Hugh Chamberlen, Thomas Farrinborrough,
R. Murray, John Goodson.
Harbert Springct,

No. VII.
THE FRAMi: OF THE GOVERNMENT
Of the Province nf Pennsylvania, in America: together with cer
tain laws in England, by the Governor and divers freemen of the
aforesaid Province. To be further explained and confirmed there
by the first Provincial Council that shall be held, if they see meet.
THE PREFACE.
When the great and wise God had made the world, of all his
creatures it pleased him to choose man his deputy to rule it; and to fit
him for so great a charge and trust, he did not only qualify him with
skill and power, but with integrity to use them justly. This native
goodness was equally his honour and his happiness ; and whilst he
stood here, all went well ; there was no need of coercive or compul
sive means ; the precept of divine love and truth in his bosom was
the guide and keeper ot his innocency. But lust prevailing against
duty, made a lamentable breach upon it; and the law, that before
had no power over him, took place upon him and his disobedient
posterity, that such as would not live conformable to the holy law
within, should fall under the reproof and correction of the just law
without, in a judicial administration.
This the apostle teaches in divers of his epistles. The law1 (says
he) was added because of trangression : In another place, knowing
that the law was not made for the righteous man ; but for the div
obedient and ungodly, for sinners, for unholy and prophane, for
murderers, for whoremongers, for them that defile themselves with
mankind, and for menstealers, for liars, for perjured persons, &c.

INTRODUCTORY

But this is not all, he opens and carries the matter of government a
little further : Let every soul be subject to the higher powers, tor
there is no power but of God. The powers that be are ordained ot
God : whosoever therefore resisteth the power, resisteth the ordi
nance of God. For rulers are not a terror to good works, but to
Evil : wilt thou then not be afraid of the power ? Do that which is
good, and thou shalt have praise of the same.  He is the minister
of God to thee for good.  Wherefore ye must needs be subject,
not only for wrath, but for conscience sake.
This settles the divine right of government beyond exception,
and that for two ends : first, to terrify evil-doers ; secondly, to che
rish those that do well; which gives government a life beyond
corruption, and makes it as durable in the world, as good men shall
be. So that government seems to me a part of religion itself, a thing
sacred in its institution and end. For if it does not directly remove
the cause, it crushes the effects of evil, and is as such (tho' a lower yet)
an emanation of the same Divine Power, that is both author and object
of pure religion ; the difference lying here, that the one is more free
and mental, the other more corporal and compulsive in its opera
tions: but that is only to evil-doers; government itself being other
wise as capable of kindness, goodness and charity, as a more pri
vate society. They weekly err, that think there is no other use of go
vernment than correction, which is the coarsest part of it: daily
experience tells us, that the care and regulation of many other
affairs more soft and daily necessary, make up much the greatest
part of government ; and which must have followed the peopling of
the world, had Adam never fell, and will continue among men on
earth under the highest attainments they may arrive at, by the
coming of the blessed second Adam, the Lord from Heaven. Thus
much of government in general, as to its rise and end.
For particular frames and models, it will become me to say little ;
and comparatively I will say nothing. My reasons are : first, that
the age is too nice and difficult for it ; there being nothing the wits of
men are more busy and divided upon. 'Tis true, they seem to agree
in the end, to wit., happiness ; but in the means they differ, as to
divine, so to this human felicity ; and the cause is much the same,
not always want of light and knowledge, but want of using them
rightly. Men side with their passions against their reason, and
their sinister interests have so strong a bias upon their minds, that
they lean to them against the good of the things they know.
Secondly, I do not find a model in the world, that time, place,
and some singular emergences have not necessarily altered ; nor is
it easy to frame a civil government, that shall serve all places alike.
Thirdly, I know what is said by the several admirers of monar
chy, aristocracy and democracy, which are the rule of one, a few,
and many, and are the three common ideas of government, when
men discourse on that subject. But I choose to solve the controversy

DOCUMENTS. XXIII
with this small distinction, and it belongs to all three : any govern
ment is free to the people under it (whatever be the frame) where
the laws rule, and the people are a party to those laws, and [more
than this is tyranny, oligarchy, and confusion.
But lastly, when all is said, there is hardly one frame of govern
ment in the world so ill designed by its first founders, that in good
hands would not do well enough ; and story tells us, the best in ill
ones can do nothing that is great or good ; witness the Jewish and
Roman states. Governments, like clocks, go from the motion men
give them, and as governments are made and moved by men, so by
them they are ruined too. Wherefore governments rather depend
upon men, than men upon governments. Let men be good, and the
government cannot be bad; if it be ill, they will cure it. Butifmen
be bad, let the government be never so good, they will endeavour to
warp and spoil it to their turn.
I know some say, let us have good laws, and no matter for the men
that execute them : but let them consider, that though good laws do
well, good men do better: for good laws may want good men, and
be [abolished or invaded by ill men; but good men will never want
good laws, nor suffer ill ones. 'Tis true, good laws have some awe
upon ill ministers, but that is where they have not power to escape or
abolish them, and the people are generally wise and good : but a
loose and depraved people (which is to the question) love laws and
an administration like themselves. That therefore, which makes a
good constitution, must keep it, viz: men of wisdom and virtue, qual
ities, that because they descend not with worldly inheritances, must
be carefully propagated by a virtuous education of youth, for which
after ages will owe more to the care and prudence of founders, and
the successive magistracy, than to their parents for their private pa
trimonies. These considerations of the weight of government, and the nice
and various opinions about it, made it uneasy to me to think of pub
lishing the ensuing frame and conditional laws, foreseeing both the
censures they will meet with from men of differing humours and en
gagements, and the occasion they may give of discourse beyond my
design. But next to the power of necessity (which is a solicitor that will
take no denial) this induced me to a compliance, that we have (with
reverence to God, and good conscience to men) to the best of oar
skill, contrived and composed the FRAME and LAWS of this go
vernment, to the great end of all government, viz: to support pow
er in reverence with the people, and to secure the people from the
abuse of power; that they may be free by their just obedience, and
the magistrates honourable for their just administration: for liberty
without obedience is confusion, and obedience without liberty is sla
very. To carry this evenness is partly owing to the constitution, and
partly to the magistracy: where either of these fail, government
will be subject to convulsions; but where both are wanting, it must
be totally subverted: then where both meet, the government is like
VOL. I.

XXTV INTRODUCTORY
to endure. Which I humbly pray and hope God will please to make
the lot of this of Pennsylvania. Amen. _
WILLIAM PENN.

THE FBA1KE.
TO ALL PEOPLE, to whom these presents shall come. WHERE
AS kiDg Charles the second, by his letters patents, under the
great seal of England; for the consideration therein mentioned, hath
been graciously pleased to give and grant unto me William Penn (by
the name of William Penn, Esq. son and heir of Sir William Penn,
deceased) and to my heirs and assigns forever, all that tract of land
or province, called Pennsylvania, in America, with divers great
powers, preheminences, royalties, jurisdictions, and authorities, ne
cessary for the well-being and government thereof;: NOW KNOW
YE, that for the well-being! and government of the said province,
and for the encouragement of all the freemen and planters that may
be therein concerned, in pursuance of the powers aforementioned, 1
the said William Penn have declared, granted, and confirmed, and bv
these presents, for me, my heirs and assigns, do declare, grant and
confirm unto all the freemen, planters and adventurers, of, in and
to the said province, these liberties, franchises, and properties, to be
held, enjoyed and kept by the freemen, planters and inhabitants of
the said province of Pennsylvania for ever.
Imprimis. That the government of this province shall, according to
the powers of the patent, consist of the Governor and freemen ofthe
»aid province, in form of a Provincial Council and General Assem -
bly, by whom all laws shall be made, officers chosen, and publick
affairs transacted, as is hereafter respectively declared. That is
to say,
Second. That the freemen of the said province shall, on the
twentieth day of the twelfth month, which shall be in this present
year, one thousand six hundred eighty and two, meet and assemble
in some fit place, of which timely notice shall be before hand given
by the governor or his deputy, and then and there shall choose out of
themselves seventy two persons of most note for their wisdom
virtue and ability, who shall meet on the tenth day ofthe first month
next ensuing, and always be called and act as the Provincial Council
ofthe said province.
Third. That at the first choice of such Provincial Council, one
third part of the said Provincial Council shall be chosen to serve for
three years next ensuing ; one third part for two years then next en
suing, and one third part for one year then next following such
election, and no longer ; and that the said third part shall go out
accordingly. And on the twentieth day cf the twelfth month as

DOCUMENTS. XXV
aforesaid, yearly for ever afterward, the freemen of the said pro
vince shall in like manner meet and assemble together, and then
chuse twenty four persons, being one third of the said number, to
serve in Provincial Council for three years. It being intended, that
one third part ofthe whole Provincial Council (always consisting and
to consist of seventy two persons, as aforesaid) falling off yearly, it
shall be yearly supplied by such new yearly elections, as aforesaid ;
and that no one person shall continue therein longer than three years:
and in case any member shall decease before the last election during
his time, that then at the next election ensuing his decease, another
shall be chosen to supply his place for the remaining time he was to
have served, and no longer.
Fourth. That after the first seven years, every one of the said
third parts that goeth yearly off, shall be uncapable of being chosen
again for one whole year following: that so all may be fitted for
government, and have experience of the care and burden of it.
Fifth. That the Provincial Council in all cases of matters of mo
ment, as their arguing upon bills to be past into laws, erecting courts
of justice, giving judgment upon criminals impeached, and choice of
officers, in such manner as is herein after mentioned ; not less than
two thirds of the whole Provincial Council shall make a quorum ;
and that the consent and approbation of two thirds of such quorum
shall be had in all such oases and matters of moment. And more
over, that in all cases and matters of lesser moment, twenty-four
members of the said Provincial Council shall make a quorum, the
majority of which twenty four shall and may always determine in
such cases and causes of lesser moment.
Sixth. That in this Provincial Council the governor or his
deputy shall or may always preside, and have a treble voice; and
the said Provincial Council shall always continue, and sit upon its
own adjournments and committees.
Seventh. That the governor and Provincial Council shall pre
pare and propose to the General Assembly hereafter mentioned, all
bills, which they shall at any time think fit to be passed into laws
within the said province; which bills shall be published and affixed
to the most noted places in the inhabited parts thereof thirty days
before the meeting of the General Assembly, in order to the passing
them into laws, or rejecting of them, as the General Assembly shall
see meet.
Eighth. That the governor and Provincial Council shall take
care that all laws, statutes and ordinances, which shall at any time
be made within the said province, be duly and diligently executed.
Ninth. That the governor and Provincial Council shall at all
times have the care of the peace and safety of the province, and that
nothing be by any person attempted to the subversion of this frame
of goverment.
Tenth. That the governor and Provincial Council shall at all
times settle and order the situation of all cities, ports and market

XXVI INTRODUCTORY
towns in every county, modelling therein all public buildings, streets,
and market places, and shall appoint all necessary roads and high
ways in the province.
Eleventh. That ^the governor and Provincial Council shall at
all times have power to inspect the management of the publick trea
sury, and punish those who shall convert any part thereof to any
other use, than what hath been agreed upon by the governor, Pro
vincial Council and General Assembly.
Twelfth. That the governor and Provincial Council shall
erect and order all publick schools, and encourage and reward the
authors of useful sciences and laudable inventions in the said pro
vince. Thirteenth. That for the better management of the povi ers and
trust aforesaid, the Provincial Council shall from time to time divide
itself into four distinct and proper committees, for the more easy ad
ministration ofthe affairs of the piovince, which divides the seventy-
two into four eighteens, every one of which eighteens shall consist of
six out of each of the three orders or yearly elections, each of which
shall have a distinct portion of business, as followeth: first, a com
mittee of plantations, to situate and settle cities, ports, market-towns
and high-ways, and to hear and decide all suits and controversies re
lating to plantations. Secondly, a committee of justice and safety, to
secure the peace of the province, and punish the male-administra
tion of those who subvert justice to the prejudice of the pubhck or
private interest. Thirdly, a committee of tiade and treasury, who
shall regulate all trade and commerce according to law, encourage
manufacture and country growth, and defray the publick charge of
the province. And fourthly, a committee of manners, education,
and arts, that all wicked and scandalous living may be prevented,
and that youth may be successively trained up in virtue and useful
knowledge and arts: the quorum of each of which committees being
six, that is, two out of each ofthe three orders or yearly elections as
aforesaid, making a constant and standing council of twenty-four,
which will have the power ofthe Provincial Council, being the quo
rum of it, in all cases not excepted in the fifth article; and in the said
committees and standing Council of the province, the governor or
his deputy shall or may preside as aforesaid; and in the absence of
the governor or his deputy, if no one is by either of them appointed,
the said commitiees or Counci', shall appoint a president for that time,
and not otherwise; and what shall be resolved at such committees'
shall be reported to the said Council ofthe province, and shall be by
them resolved and confirmed before the same shall be put in execu
tion; and that these respective committees shall not sit at one and the
same time, except in cases of necessity.
Fourteenth. And to the end that all laws prepared by the go
vernor and Provincial Council aforesaid, may yet have the more full
concurrence ofthe freemen of the province," it is declared, granted
and confirmed, that at the time and place or places for the choice of

DOCUMENTS. XXVII
a Provincial Council as a foresaid, the said freemen shall yearly choose
members to serve in General Assembly as their representatives, not
exceeding two hundred persons, who shall yearly meet on the twenti
eth day ofthe second month, which shall be in the year one thousand
six hundred eighty and three following, in the capital, town, or city
ofthe said province, where during eight days the several members
may freely confer with one another; and, if any of them see meet,
with a committee ofthe Provincial Council (consisting of Three out
of each ofthe four committees aforesaid, being twelve in all) which
shall be at that time purposely appointed to receive from any of them
proposals for the alteration or amendment of any ofthe said proposed
and promulgated bills: and on the ninth day from their so meeting,
the said General Assembly, after reading over the proposed bills by
the clerk of the Provincial Council, and the occasion and motives for
them being opened by the governor or his deputy, shall give their
affirmative or negative, which to them seemeth best, in such manner
as hereinafter is expressed. But not less than two thirds shall make
a quorum in the passing of laws, and choice of such officers as are
by them to be chosen.
Fifteenth. That the laws so prepared and proposed as aforesaid,
that are assented to by the General Assembly, shall be enrolled as
aws of the province, with this stile: By the Governor, with the
assent and approbation of the freemen in Provincial Council and
General Assembly.
Sixteenth. That for the better establishment of the Government
and laws of this proviuce, and to the end there may be an universal
satisfaction in the laying of the fundementals thereof; the General
Assembly shall or may for the first year consist of all the freemen of
and in the said province, and ever after it shall be yearly chosen, as
aforesaid; which number of two hundred shall be enlarged as the
country shall increase in people, so as it do not exceed five hundred
at any time: the appointment and proportioning of which, as also the
laying and methodizing of the choice of the Provincial Council and
General Assembly in future times, most equally to the divisions ofthe
hundreds and counties, which the country shall hereafter be divided
into; shall be in the power of the Provincial Council to propose, and
the General Assembly to resolve.
Seventeenth. That the governor and the Provincial Council
shall erect, from time to time, standing courts of justice in such
places and number as they shall judge convenient for the good go
vernment of the said province. And that the Provincial Council
shall, on the thirteenth day ofthe first month yearly, elect and pre
sent to the governor or his deputy, a double number of persons to
serve for judges, treasurers, master of rolls, within the said province
for the year next ensuing ; and the freemen of the said province in
the county courts, when they shall be erected, and till then in the
General Assembly shall, on the three and twentieth day of the se
cond month yearly, elect and present to the governor or his deputy,
a double number of parsons to serve for sheriffs, justices of the

XXVIII INTRODUCTORY
peace, and coroners, for the year next ensuing; out of which re
spective elections and presentments, the governor or his deputy .shall
nominate and commissionate the proper number for each office the
third day after the said presentments ; or else the first named in such
presentment for each office, shall stand and serve for that office
the year ensuing.
Eighteenth. But forasmuch as the present condition of the
province requires some immediate settlement, and admits not of so
quick a revolution of officers; and to the end the said province may
with all convenient speed be well ordered and settled, I William Penn
do therefore think fit, to nominate and appoint such persons for
judges,, treasurers, masters of the rolls, sheriffs, justices of the
peace, and coroners, as are most fitly qualified for those employ
ments ; to whom I shall make and grant commissions for the said
offices respectively, to hold to them to whom the si me shall be
granted, for so long time as every such person shall well behave
himself in the office or place to him respectively granted, and no
longer. And upon the decease or displacing of any ofthe said offi
cers, the succeeding officer or officers shall be chosen as aforesaid.
Nineteenth. That the General Assembly shall continue so long
as may be needful to impeach criminals fit to be there impeached ;
to pass bills into laws, that they shall think fit to pass into laws,
and till such time as the governor and Provincial Council shall de
clare, that they have nothing further to propose unto them for their
assent and approbation; and that declaration shall be a dismiss to
the General Assembly for that time, which General Assembly shall
be notwithstanding capable of assembling together, upon the sum
mons ofthe Provincial Council, at any time during that year, if the
said Provincial Council shall see occasion for their so assembling.
Twentieth. That all the elections of members or representa
tives ofthe people, to serve in Provincial Council and General As
sembly, and all questions to be determinated by both or either of
them, that relate to passing of bills into laws, to the choice of offi
cers, to impeachments made by the General Assembly, and judgment
of criminals upon such impeachments by the Provincial Council, and
to all other cases by them respectively judged of importance, shall be
resolved and determined by the ballot ; and, unless on sudden and
indispensible occasions, no business in Provincial Council, or its re
spective committees, shall be finaly determined the same day that it
is moved.
Twenty-first. That at all times, when and so often as it shall
happen, that the Governor shall or may be an infant, under the a<*e
of one and twenty years, and no guardians or commissioners are
appointed in writing by the father of the said infant, or that such
guardians or commissioners shall be deceased ; that during such
minority, the Provincial Council shall, from time to time, as they
shall see meet, constitute and appoint guardians or commissioners,
not exceeding three ; one of which three shall preside as deputy and

Documents xxix
«hief guardian, during such minority, and shall have and execute,
with the consent of the other two, all the power of a governor, in
all the public affairs and concerns of the said province.
Twenty-second. That as often as any day of the month, men
tioned in any article of this charter, shall fall upon the first day of
the week, commonly called the Lord's day, the business appointed
for that day, shall be deferred till next day, unless in case of emer
gency. Twenty-third. That no act, law or ordinance whatsoever, shall
at any time hereafter be made or done, by the governor of this pro
vince, his heirs or assigns, or by the freemen in the Provincial Council
or the General Assembly, to alter; change or diminish the form or
effect of this charter, or any part or clause thereof, without the con
sent of the governor, his heirs or assigns, and six parts of seven of
the said freemen in Provincial Council, and General Assembly.
And lastly. That I the said William Penn, for myself, my heirs,
and assigns, have solemnly declared, granted and confirmed, and do
hereby solemnly declare, grant and confirm, that neither I, my heirs
nor assigns, shall procure or do any thing or things, whereby the
liberties in this charter contained and expressed, shall be infringed
or broken ; and if any thing be procured by any person or persons
contrary to these premises, it shall be held of no force or effect.
In Witness whereof, I the said William Penn have unto this present
charter of liberties, set my hand and broad seal, this five and twen
tieth day of the second month, vulgarly called April, in the year
of our Lord, one thousand six hundred and eighty-two.
WILLIAM PENN.

LAWS AGREED UPON IN ENGLAND.
First. That the charter of liberties, declared, granted and con*
firmed, the five and twentieth day of the second month, called April,
1682, before divers witnesses by William Penn, governor and chief
proprietary of Pennsylvania, to all the freemen and planters of the
said province, is hereby declared and approved, and shall be for ever
held for fundamental, in the government thereof, according to the
limitations mentioned in the said charter.
Second. That every Inhabitant in the said province, that is or
shall be a purchaser of one hundred acres of land or upwards, his
heirs and assigns, and every person who shall have paid his passage,
and taken up one hundred acres of land, at one penny an acre, and
have cultivated ten acres thereof, and every person that hath been a
servant or bondsman, and is free by his service, that shall have ta
ken up his fifty acres of land, and cultivated twenty thereof, and
every inhabitant, artificer, or other resident in the said province, that

XXX INTRODUCTORY
pays scot and lot to the government, shall be deemed and accounted
a? freeman of the said province; and every such person shall and may
be capable of electing or being elected representatives of the people
in Provincial Council or General Assembly in the said province.
Third. That all elections of members or representatives of the
people and freemen of the province of Pennsylvania, to serve in
Provincial Council or General Assembly, to be held within the said
province, shall ba free and voluntary : and that the elector that
shall receive any reward or gift, in meat, drink, monies or otherwise,
shall forfeit his right to elect; and such person as shall, directly or
indirectly, give, promise, or bestow any such reward as aforesaid,
to be elected, shall forfeit his election, and be thereby incapable to
serve as aforesaid. And the Provincial Council and General Assem
bly shall be the sole judges of the regularity or irregularity of the
elections of their own respective members.
Fourth. That no money or goods shall be raised upon, or paid
by any of the people of this province, by way of a publick tax, cus
tom or contribution, but by a law for that purpose made; and whoso
ever shall levy, collect or pay any money or goods contrary thereun
to, shall be held a publick enemy to the province, and a betrayer of
the liberties of the people thereof.
Fifth. That all courts shall be open, and justice shall neither be
sold denied or delayed.
Sixth. That in all courts all persons of all persuasions may
freely appear in their own way, and according to their own manner,
and there personally plead their own cause themselves, or if unable,
by their friends. And the first process shall be the exhibition of the
complaint in court, fourteen days before the trial ; and that the party
complained against may be fitted for the same,he or she shall be sum
moned no less than ten days before, and a copy of the complaint
delivered him or her, at his or her dwelling house. But before the
complaint of any person be received, he shall solemnly declare in
court, that he believes in his concience his cause is just.
Seventh. That all pleadings, processes and records in courts,
shall be short, and in english, and in an ordinary and plain charac
ter, that they may be understood, and justice speedily administered.
Eighth. That all trials shall be by twelve men, and as near as
may be, peers or equals, and of the neighborhood, and men without
just exception. In cases of life, there shall be first twenty-four
returned by the sheriff for a grand inquest, of whom twelve at least
shall find the complaint to be true ; and then the twelve men or
peers, to be likewise returned by the sheriff, shall have the final
judgment. But reasonable challenges shall be always admitted
against the said twelve men or any of 1 hem.
Ninth. That all fees in all cases shall be moderate, and settled
by the Provincial Council and General Assembly, and be hung uPjm
a table in every respective court ; and whosoever shall be convicted

DOCUMENTS. XXil
of taking more, shall pay twofold, and be dismissed his employment,
one moiety of which shall go to the party wronged.
Tenth. That all prisons shall be workhouses for felons, va
grants, and loose and idle persons; whereof one shall be in every
county. Eleventh. That all prisoners shall be bailable by sufficient sure
ties, unless for capital offences, where the proof is evident, or the
presumption great.
Twelfth. That all persons wrongfully imprisoned or prosecu
ted at law, shall have double damages against the informer or pro
secutor. Thirteenth. That all prisons shall be fiee, as to fees, food,
and lodging.
Fourteenth. That all lands and goods shall be liable to pay
debts, except where there is legal issue, and then all the goods, aDd
one third of the land only.
Fifteenth. That all wills and writing attested by two witness
es, shall be of the same force, as to lauds as other conveyances,
being legally proved within forty days, either within or without the
said province.
Sixteenth. That seven years quiet possession shall give an un
questionable right, except in cases of infants, lunaticks, married
women, or persons beyond the seas.
Seventeenth. That all briberies and extortions whatsoever, shall
be severely punished.
Eighteenth. That all fines shall be imderate, and saving mens
«ontenements, merchandize or wainage.
Nineteenth. That all marriages (not forbidden by the law of
God, as to nearness of blood and affinity b^ marriage) shall be en
couraged ; but the parents or guardians shall be first consulted, and
the marriage shall be published before it be. solemnized, and it shall
be solemnized by taking one another as husband and wife, belore
credible witnesses, and a certificate ofthe whole, under the hands of
parties and witnesses, shall be brought to the proper register of that
county, and shall be registered in his office.
Twentieth. And to prevent frauds and vexatious suits within the
said province, that all charters, gifts, grants, and conveyances of
land, (except leases for a year or under) and all bills, bonds, and
specialties have five pounds, and not under three months, made in the
said province, shall be enrolled or registered in the publick enrolment
office of the said province within the space of two months next after
the making thereof, else to be void in law. Arid all deeds, grants,
and conveyances of land (except as aforesaid1 within the said province,
and made out of the said province, shall be inrolled or registered as
aforesaid, within six months next after the making thereof, and sett
ling and constituting an enrolment office or regis'ry within the said
province, else to be void in law against all persons whatsoever.

xxxii introductory
Twenty-first. That all defacers or corrupter's of charters, gfft^
grants, bonds, bills, wills, contracts and conveyances, or that shalt
deface or falsify any enrolment, registry or record within this pro
vince, shall make double satisfaction for the same ; half whereof
shall go the party wronged, and they shall be dismissed of all places
of trust, and be publickly disgraced as false men.
Twenty-second. That there shall be a register for births, marria
ges, burials, wills, and letters of administration, distinct from the
other registry.
Twenty-third. That there shall be a register for all servants,
where their names, time, wages, and days of payment, shall be re
gistered. Twenty-fourth. That all lands and goods of felons shall be liable
to make satisfaction to the party wronged twice the value : and for
want of lands or goods, the felons shall be bond-men to work in the
common prison or work-house, or otherwise, till the party injured be
satisfied. Twenty-fifth. That the estates of capital offenders, as traitors and
murderers, shall go one third to the next of kin to the sufferer, and
the remainder to the next of kin to the criminal.
Twenty-sixth. That all witnesses, coming or called to testify their
knowledge in or to any matter or" thing in any court, or before any
lawful authority within the said province, shall there give or deliver
in their evidence or testimony, by solemnly promising to speak the-
truth, the whole truth, and nothing but the truth, to the matter or
thing in question. And in case any person so called to evidence,
shall be convicted of wilful falsehood, such person shall suffer anrj
undergo such damage or penalty, as the person or persons against
whom he or she bore false witness, did or should undergo; and shall
also make satisfaction to the party wronged, and be publickly expo^
sed as a false witness, never to be credited in any court, or before any
magistrate, in the said province.
Twenty-seventh. And to the end that all officers chosen to serve
within this province, may with more care and diligence answer the
trust reposed in them, it is agreed, that no such person shall enjoy
mere than one publick office at one time.
Twenty-eighth. That all children within this province of the age
of twelve years, shall be taught some useful trade or skill, to the end
none may be idle, but the poor may work to live, and the rich, if
they become poor, may not want.
Twenty-ninth. That servants be Ttot kept longer than their
time, and such as are careful, be both justly and kindly used in their
service, and put in fitting equipage at the expiration thereof, accord
ing to custom.
Thirtieth. That all scandalous and malicious reporters, backbiters,
defamers and spreaders of false news, whether against magistrates
or private persons, shall be accordingly severely punished, as ene
mies to thepeace and concord of this province.

DOCUMENTS. XXXIII

Thirty-first. That for the encouragement of the planters and tra
ders in this province, who are incorporated into a society, the patent
granted to them by William Penn, Governor ofthe said province, is
hereby ratified and confirmed.
Thirtv-second. «***»»

Thirty-third. That all factors or correspondents in the said prov
ince wronging their employers, shall make satisfaction, and one third
over, to their said employers: and in case of the death of any such
factor or correspondent, the committee of trade shall take care to
secure so much ofthe deceased party's estate, as belongs to his said
respective employers.
Thirty-fourth. That all treasurers, judges, masters of the rolls,
sheriffs, justices of the peace, and other officers and persons what
soever, relating to courts or trials of causes, or any other service in
the government ; and all members elected to serve in provincial
Council and General Assembly, and all that have right to elect such
members, shall be such as profess faith in Jesus Christ, and that are
not convicted of ill fame, or unsober and dishonest conversation, and
that are of one and twenty years of age at least; and that all such so-
qualified, shall be capable ofthe said several employments and privi
leges as aforesaid.
Thirty-fifth. That all persons living in this province, who con
fess and acknowledge the one almighty and eternal God, to be the
creator, upholder and ruler of the world, and that hold themelves
obliged in concience to live peaceably and justly in civil society, shall
in no ways be molested or prejudiced for their religious persuasion
or practice in matters of faith and worship, nor shall they be com
pelled at any time to frequent or maintain any religious worship,
place or ministry whatever.
Thirty-sixth. That according to the good example of the primi
tive christians, and for the ease ofthe creation, every first day ofthe
week, called the Lord's day, people shall abstain from- their common
daily labour, that they may the better dispose themselves to worship
God according to their understandings.
Thirty-seventh. That as careless and corrupt administration of jus-
ticedraws the wrath of God upon magistrates,se thewildnessand loose
ness of the people provoke the indignation of God against a country :
therefore, that all such offences against God, as swearing, cursing,
lying, prophane talking, drunkenness, drinking of healths, obscene
words, incest, sodomy, rapes, whoredom, fornication, and other un-
cleanness (not to be repeated.) All treasons, misprisions, murders,
duels, felonies, seditions, maims, forcible entries, and other violences,
to the persons and estates of the inhabitants within this province:
all prizes, stage plays, cards, dice, may-games, masques, revels,
bull-baitings, cock-fightings, bear-baitings and the like, which excite
the people to rudeness, cruelty, looseness and irreligion, shall be

XXXIV INTRODUCTORY
respectively discouraged, and severely punished, according to the
appointment ofthe governor and freemen in Provincial Council and
General Assembly, as also all proceedings contrary to these laws, "
that are not here made expressly penal.
Thirty-eighth. That a copy of these laws shall be hung up in the
Provincial Council, and in publick courts of justice, and that they
shall be read yearly, at the opening of every Provincial Council a'njd
General Assembly, and courts of justice, and their assent shall be
testified by their standing up, after the reading thereof.
Thirty-ninth. That there shall be at no time any alteration of any
of these laws, without the consent of the governor, his heirs or as
signs, and six parts of seven ofthe freemen, met in Provincial Coun
cil and General Assembly.
Fortieth. That all other matters and things not herein provided
for, which shall and may concern the publick justice, peace or safety
of the said province ; and the raising and imposing taxes, customs,
duties, or other charges whatsoever, shall be, and are hereby re
ferred to the order, prudence and determin;ition ofthe governor and
freemen in Provincial Council and General Assembly, to be held
from time to time in the said province.
Signed and sealed by the Governor and freemen aforesaid, the
fifth day of the third month, called May, one thousand six
hundred and eighty-two.

No. VIII.
THE FRAME OF THE GOVERNMENT
Of the Province of Pennsylvania and Territories thereunto
annexed in America, 1683.
To all persons to whom these presents may come : Whereas,
king Charles the Second, by his letters patents, under the great Seal.
of England, bearing date the fourth day of March, in the thirty and
third year ofthe king, for divers considerations therein mentioned,
hath been graciously pleased to give and grant unto me, William
Penn, (by the name of William Penn Esquire, son and heir of Sir
William Penn. deceased,) and to my heirs and assigns for ever, all
that tract of land or province called Pennsylvania, in America, with
divers great powers, preheminencies, royalties, jurisdictions and au
thorities, necessary for the well being and government thereof. And
whereas, the kings dearest brother James, duke of York and Albany,
&c, by his deeds of feoffment under his hand and seal, duly perfect
ed, bearing date the four and twentieth day of August, one thousand
six hundred eighty and two, did grant unto me, my heirs and assigns,
all that tract of land lying and being from twelve miles northward
of Newcastle, upon Delaware river in America, to Cape Hinlopen
upon the said river and bay of Delaware southward, together with

DOCUMENTS. XXXV
all royalties, franchises, duties, jurisdictions, liberties and privileges
thereunto belonging.
NOW KNOW YE, That for the well being and good government
ofthe said Province and territories thereunto annexed, and for the
encouragement of all the freemen and planters that may be therein
concerned in pursuance of the rights and powers aforementioned, I
the said William Penn, have declared, granted and confirmed, and
by these presents for me, my heirs and assigns,, do declare, grant
and confirm unto all the freemen, planters and adventurers, of, in
and lo the said province and territories thereof, these liberties, fran
chises and properties, so far as in me lieth, to be held, enjoyed and
kept by the freemen, planters and adventurers of, and in the said
Province of Pennsylvania and territories thereunto annexed forever.
Imprimis. That the government of this province and territories
thereof, shall from time to time, according to the powers ofthe patent
and deeds of feoffment aforesaid, consist of the Proprietary and Go
vernor and freemen of the said Province and territories thereof, in
form of provincial Council and General Assembly, which provincial
Council shall consist of eighteen persons, being three out of each
county, and which Assembly shall consist of thirty six persons, being
six out of each county, men of most note for their virtue, wisdom and
ability, by whom all laws shall be made, officers chosen and public
affairs transacted, as is hereafter limited and declared.
Second. There being three persons already chosen for every
respective county of this province and territories thereof, to serve in.
the provincial Council, one of them for three years ; one for two
Years, and one for one year ; and one of them to go off' yearly in
every county ; that on the tenth day of the first month yearly for
ever after, the freemen of the said province and territories thereof,
shall meet together ia the most convenient place in every county of
this province and territories thereof, then and there to choose one
person qualified as aforesaid in every county, being one third of the
number to serve in provincial Council for three years ; it being in
tended that one third ofthe whole provincial Council, consisting and
to consist of eighteen persons, falling off yearly, it shall be yearly
supplied with, such yearly elections as aforesaid ; and that one person
shill not continue in longer than three years;: and in case any
member shall decease before the last election during his time, that-
then at the next election ensuing his decease, anothershall.be chosen
to supply his place lor the remaining time he was to have served, and
no longer.
Third. That after the first seven years every one of the said
third parts that goeth yearly off, shall be incapable of being chosen
a^in for one whole year following ; that so all that are capable ati3-__
qualified as aforesaid, may be fitted for government and have a share
ofthe care and burden of it.
Fourth.. That the provincial Council in all cases and matters of mo
ment, as their arguing upon bills to be passed into laws, or proceedings
VOL. I.

XXXVI INTRODUCTORY
about erecting of courfs of justice, sitting in judgment upon criminals
impeached, and choice of officers in such manner as is herein alter
expressed, not less than two thirds of the whole shall make a quorum,
and that the consent and approbation of two thirds of that quorum
shall be had in all such cases or matters of moment : and that in all
cases and matters of lesser moment, One third of the whole shall
make a quorum the majority of which shall and may always deter
mine in such cases and causes of lesser moment.
Fifth. That the Governor and provincial Council shall have the
power of preparing and proposing to the Assembly hereafter menr
tioned, all bills which they shall see needful, and that shall at any
time be past into laws, within the said province and territories there-.
of, which bills shall be published and affixed to the most noted place,.
in every county of this province and territories thereof,, twenty days.
before the meeting of the Assembly in order to passing them into,
laws. Sixth. That the Governor and provincial Council shall take
care that all laws, statutes and ordinances, which shall at any time
be made within the said province and territories be duly and diligent-.
ly executed.
Seventh. That the Governor and provincial Council shall at
all times have the care of the peace and safety of this province and
territories thereof ; and that nothing be by any person attempted to.
the subversion of this frame of government.
Eighth. That the Governor and provincial Council shall at all
times settle and order the situation .of all cities and market towns in
every county, modelling therein all public buildings, streets and
market places; and shall appoint all necessary roads and highways
in this province and territories thereof.
Ninth. That the Governor and provincial Council shall at all
times have power to inspect the management of the public treasury,
and punish those who shall convert any part thereof to any other use
than what hath been agreed upon by the Governor, provincial Coun
cil and Assembly.
Tenths That the Governor and provincial Council shall erect
and order all public schools, and encourage and reward the authors
of useful sciences and laudable inventions in the said province and
territories thereof.
Eleventh. That one third part of the provincial Council resi
ding with the Governor from time to time, shall with the Governor
have the care of the management of public affairs relating to the
peace, justice, treasury and improvement ofthe province and territo
ries and to the good eduoation of youth, and sobriety ofthe manners
of the inhabitants therein as aforesaid.
Twelfth. That the Governor or his Deputy shall always preside
in the provincial Council, and that he shall at no time therein perform
any public act of state, whatsoever, that shall or may relate unto the

DOCUMENTS. XXXVII
justice, trade, treasury or safety of the proyince and territories afore
said, but by and with the advice and consent of the provincial Coun
cil thereof.
Thirteenth. And to the end, that all bills prepared and agreed by
the Governor and provincial Council as aforesaid, may yet have the
more full concurrence of tho freemen of the province and territories
thereof, it is declared, granted and confirmed, that at the time and
place in every county for the choice of one person, to serve in pro
vincial Council as aforesaid, the lespectivc Members thereof, at their
said meeting, shall yearly choose out of themselves six persons of
most note for virtue, wisdom and ability, to serve in Assembly as
their representatives, who shall yearly meet on the tenth day of the
third month, in the capital town or city of the said Province, unless
the Governor and provincial Council shall think fit to appoint anoth
er place to meet in, where during eight days, the several members
may cooler freely with one another; and if any of them see meet,
with a committee of the provincial Council, which shall be at that
time purposely appointed, to receive fsom any of them proposals for
the alterations or amendments of any of the said proposed, and pro
mulgated bills, and on the ninth day from their so meeting, the said
Assembly after their reading over the proposed bills, by the Clerk of
the provincial Council, and the occasions and motives for them being
opened by the Governor or his Deputy, shall upon the question by
him put, give their affirmative or negative, which to them seemeth
best in such manner as is hereafter expressed: but not less than two
thirds shall make a quorum in the passing of all bills into laws,, and
choice of such officers as are by them to be chosen.
Fourteenth. That the laws so. prepared and proposed as afore
said, that are assented to by the Assembly, shall be enrolled as laws
of this province and territories thereof, with this stile: By the Gover
nor with the assent and approbation of the freemen in provincial
Council and Assembly met, and from henceforth the meetings, ses
sions, acts and proceedings of the Governor, provincial Council and:
Assembly, shall be stiled and called: 'the meetings, sessions and
proceedings of the General Assembly of the Province of Pennsyl
vania and the territories thereunto belonging.
Fifteenth. And that the representatives of the people in provin
cial Council and Assembly, may in after ages bear some proportion
with the increase and multiplying ofthe people, the number of such
representatives of the people, may be from time increased and en
larged, so as at no time the number exceed seventy-two for the pro
vincial Council, and two hundred for the Assembly; the appointment-
and proportion of which number, as also the laying and methodizing
of the choice of such representatives in future time, most equally to.
the division ofthe country, or number ofthe inhabitants is left to the
Governor and provincial Council to propose, and' the Assembly to
resolve, so that the order of proportion be strictly observed, both in
the choice of the Council and the respective committees thereof, vizf
one third to go off, and come in yearly..

XXXVIII INTRODUTORY
Sixteenth. That from and after the- death of this present Gover-
vor, the provincial Council shall, together with the succeeding Go.
vernor, erect from time standing courts of justice, in such pla
ces and number as they shall judge convenient, for the good govern
ment of the said province and territories thereof; and that the provin
cial Council shall, on the thirteenth day of the second month then
next ensuing, elect and present to the Governor or his deputy, a
double number of persons to serve for judges, treasurers, and mas-
terof therolls, within the said province and territories, to continue so
long as they shall well behave themselves in those capacities respec
tively; and the freemen of the said province in an Assembly met, on
the thirteenth day of the third month, yearly shall elect and then
present to the Governor or his deputy a double number of persons
to sei ve for sherifs, justices of the peace and coroners for the year
next ensuing, out of which respective elections and presentments the
Governor or his deputy shall nominate and commissionate the pro
per number for each office, the third day after the said respective pre
sentments, or else the first named in such presentment, for each of
fice as aforesaid shall stand and serve in that office the time before
respectivejy limited, and in case of death or default, such vacancy
shall be supplied by the Governor and provincial Council in manner
aforesaid. Seventeenth. That the Assembly shall continue so long as may
be needful'to impeach criminals, fit to be there impeached to pass
such bills into laws as are proposed to them, which they shall" think
fit to pass into laws, and till such time as the Governor and provin
cial Council shall declare, that they have nothing further to propose
unto them for their assent and approbation, and that declaration shall
be a dismiss to the Assembly for that time, which Assembly shall be
notwithstanding, capable of assembling together upon the summons
of the Governor, and provincial Council, at any time during that
year, if the Governor and provincial Council shall see occasion for
their so assembling.
Eighteenth. That all the elections of members or representatives
of the people, to serve in provincial Council and Assembly, and all
questions to be determined by both or either of them, that relate to
choice of officers and all, or any other personal matters, shall be re
solved or determined by the ballot, and all things relating to the pre
paring and passing of bills into laws, shall be openly declared and
resolved by the vote.
Nineteenth. That at all times when the proprietary and Govern
or shall happen to be an infant and under the age of one and twenty
years, and no guardians or commissioners are appointed in writing,
by the father ofthe said infant, or that such guardian shall be deceas-
ed, that during such minority, the provincial Council shall from time
to time, as they shall see meet, constitute and appoint guardians and
commissioners not exceeding three; one of which shall preside as
deputy and chief guardian during such minority, and shall have and

DOCUMENTS'.. XXXIX
execute with the consent of one of the other two, all the power of a
Governor in all public affairs and concerns of the said province and
territories thereof, according to charter; which said guardian so ap
pointed, shall also have the care and oversight of the estate ofthe said
minor and be yearly accountable and responsible for the same to the
provincial Council, and the provincial Council to the minor when of
age, or to the next heir, in case of the minors death, for the trust
before expressed.
Twentieth. That as often as any days of the month mentioned
in any article of this charter shall fall upon the first day ofthe week,
commonly called the Lord's day, the business appointed for that day
shall be deferred until the next day, unless in cases of emergency.
Twenty- first. And for the satisfaction and encouragement of
all aliens, I do give and grant, that if any alien who is or shall be a.
purchaser, or who doth or shall inhabit in this province or territo
ries thereof, shall decease at any time before he can well be natural
ized, his right and interest therein shall notwithstanding descend to
his wife and children, or other his relations be he testate or intestate,
according to the laws of this province and territories thereof in such,
cases provided, in as free and ample manner to all intents and pur-.
poses as if the said alien had been naturalized.
Twenty-second. And that the inhabitants of this proyince and
territories thereof, may be accommodated with such food and suste
nance as God in his providence hath Ireely afforded. I do also
further grant to the inhabitants of this province and territories there
of, liberty to fowl and hunt upon the binds they hold, and all other
lands therein not inclosed; and to fish in all waters in the said
lands, and in all rivers and rivulets, in and belonging to this pro
vince and territories thereof, with liberty to draw his or their fish on
shore on any mans lands, so as it be not to the detriment or annoy
ance ofthe owner thereof, except such lands as do lie upon inland
rivulets that are not boatable, on which are or may be hereafter erect
ed into manors.
Twenty-third. And that all the inhabitants of this province and
territories thereof, whether purchasers or others may have the last
wordly pledge of my good and kind intentions to them and theirs, I
do give, grant and confirm to all and every one of them, full and
quiet possession of their respective lands, to which they have any
lawful or equitable claim, saving only such rents and services for
the same, as are or customarily ought to be reserved to me, my heirs
or assigns.
Twenty-fourth. That no act, law or ordinance whatsoever, shall
at any time hereafter be made or done by the proprietary and Go
vernor of this province and territories thereunto belonging, his
heirs or assigns, or by the freemen in provincial Council or
Assembly, to alter, change or diminish the form or effect of this
charter, or any part or clause thereof, contrary to the true intent
and meaning thereof, without the consent of the proprietary and

XL INTRODUCTORY
Governor, his heirs or assigns, and six parts of seven of the said?
freemen in provincial Council and Assembly met.
And lastly. 1 the said William Penn, proprietary and Gover
nor of the province of Pennsylvania and territories thereunto
belonging, for me, my heirs and assigns, have solemly declared,
granted and confirmed, and do hereby solemnly declare, grant and
confirm, that neither I, my heirs nor assigns, shall procure or do any
thing or things whereby the liberties in this Charter contained and
expressed, shall be infringed or broken, and if any thing be procured
by any person or persons, contrary to these premises, it shall be held
of no force or effect. In witness whereof, I, the said William Penn,
at Philadelphia, in Pennsylvania, have unto this present charter of
liberties, set my hand and broad seal, this second day of the second
month, in the year of our Lord one thousand six hundred eighty and
three, being the five and thirtieth year of the king and the third year
of my government. WILLIAM PENN.
This within charter, which we have distinctly heard read, and
thankfully received, shall be by us inviolably kept, at Philadelphia,
the second day of the second month, one thousand six hundred eighty
and three. The members of the Provincial Council present :
William Markham, William Clark,
John Moll, William Biles,
William Haige, James Harrison,
Christopher Taylor, John Richardson,
John Simcock, Philip Thomas Lenmar,
William Clayton, Seer. Gov.
Franeis Whitwell, Richard Ingelo, CI. Coun.
Thomas Holme, The members of the Assembly present :
Casparus Harman, Thomas Hassald,
John Darby, John Hart,
Benjamin Williams, Robert Hall,
William Guest. Robert Bedwell,
Valentine Hollingsworth, William Simsmore,
James Boyden, Samuel Darke,
Bennony Bishop, Robert Lucas,
John Beazor, James Williams,
John Harding, John Blunston,
Andrews Bringston, John Songhurst,
Simon Irons, John Hit f,
John Wood, Nicholas Wain,
John Curtis, Thomas Fitzwater,
Daniel Brown. John Clows,
William Futcher, Luke Watson,

DOCUMENTS. Xit
-John Kipshaven, Joseph PhippS,
Alexander Molestine, Dennis Rotchford,
Robert Bracy, Senior. John Bnnklair,
Thomas Bracy, Henry Bowman,
William Yardly, Cornelius Verhoofe,
John Hastings, John Southworth, CI. Sjnod.
Robert Wade, Some of the inhabitants of Philadelphia present :
William Howell, Henry Lewis,
Edmund Warner, Samuel Miles.

No. IX.
THE FRAME OF THE GOVERNMENT
Of the Province of Pennsylvania and the territories thereunto be*
longing, passed by Governor Markham, November!, 1696.
W'hereas, the late King Charles the Second, in the three and thir
tieth year of his reign, by letters patent under the great seal of Eng
land, did for the considerations therein mentioned, grant unto William
Penn, his heirs and assigns for ever, this colony, or tract of land,
thereby erecting the same into a province called Pennsylvania, and
constituting him the said William Penn, absolute proprietary thereof,
vesting him, his deputies and lieutenants, with divers great powers,
pre-eminencies, royalties, jurisdictions and authorities, necessary for
the well-being and good government of the said province. And
whereas, the late Duke of York and Albany, &c, for valuable consi
derations, did grant unto the said William Penn, his heirs and
assigns, all that tract of land, which hath been cast or divided into
three counties, now called Newcastle, Kent and Sussex, together
with all royalties, franchises, duties, jurisdictions, liberties and privi
leges thereunto belonging ; which last mentioned tract being intended
as a beneficial and requisite addition to the territory of the said pro
prietary and Governor, at the request of the freemen ofthe said three
counties, by their deputies in Assembly mett, with the representatives
of the freemen of the said province at Chester, alias Upland, on the
sixth day ofthe tenth month, 1682, did (with the advice and consent
of the members of the said Assembly) enact, that the said three
counties should be annexed to the province of Pennsylvania, as the
proper territories thereof; and whereas, king William and the late
queen Mary, over England, &c, by their letters patent and com
mission under the great seal of England, dated the twenty-first day
of October, in the fourth year of their reign, having (for the reasons
therein mentioned) taken the government of this said provinceand
territories into their hands, and under their care and protection, did

XLII INTRODUCTORY
think fit to constitute Benjamin Fletcher, Governor of New York,
to be their Captain General and Governor in Chief over this pro-.
vince and country. And whereas, also the said king and queen,
afterwards by their letters patent, under the great seal of England,
dated the twentieth day of August, in the sixth year of their reign,
have thought fit upon the humble application of the said William
Penn, to restore them to the administration ofthe government ofthe
said province and territories, and that sO much of their said com
mission, as did constitute the said Benjamin Fletcher, their Captain
General and Governor in Chief of the said province of Pennsylvania,
country of Newcastle, and the territories and tracts of land depend
ing thereupon, in America, together with all the powers and autho
rities thereby granted, for the ruling and governing their said
province and country, should from the publication of the said last
recited letters patent cease, determine and becorr:e void, and accord
ingly the same are hereby declared void ; whereupon, the said
William Penn, did commissionate his kinsman William Markham,
Governor under him, with directions to act according to the known
laws and usages of this government.
Now, forasmuch as the former frame of government, modelled by
act of settlement and charter of liberties, is not deemed in all respects
suitably accommodated to our present circumstances ; therefore it is
unanimously desired, that it may be enacted, And be it enacted by
the Governor aforesaid, with the advice and consent of the repre
sentatives of the freemen of the said province and territories in
Assembly met, and by the authority of the same, that this govern
ment shall from time to time consist of the Governor or his deputy
or deputies, and the freemen of the said province and territories
thereof, in form of a Council and Assembly ; which Council and
Assembly shall be men of most note for virtue, wisdom and ability ;
and shall from and after the tenth day ofthe first month next, con
sist ot two persons out of each ofthe counties of this government, to
serve as the peoples representatives in Council ; and of four persons
out of each of the said counties, to serve as their representatives in
Assembly; for the electing of which representatives, it shall and
may be lawful to, and for all the freemen of this province and terri
tories aforesaid, to meet together on the tenth day ofthe first month
yearly hereafter, in the most convenient and usual place for election,
within the respective counties, then and there to choose their said
representatives as aforesaid, who shall meet on the tenth day of the
third month, yearly, in the capital town of the said province, unless
the Governor and Council shall think fit to appoint another place.
And to the end, it may be known who those are in this province
and territories, who ought to have right of or to be deemed freemen,
to choose or be chosen to serve in Council and Assembly as
aforesaid; Be it enacted by the authority aforesaid, That no inhabi
tant of this province or territories, shall have right of electing or
being elected as aforesaid, unless they be free denizens of this

DOCUMENTS. Xtltl
government, and are of the age of twenty one years or upwards,
and have fifty acres of land, ten acres whereof being seated and
cleared, or be otherwise worth fifty pounds lawful money, of this
government clear estate, and have been resident within this govern
ment for the space of two years next before such election.
And whereas, divers persons within this government, cannot for
conscience sake, take an oath upon any account whatsoever ; Be it
therefore enacted, by the authority aforesaid, That all and every such
person and persons, being at any time hereafter required upon any
lawful occasion to give evidence, or take an oath, in any case what
soever, shall, instead of swearing, be permitted to make his or their
solemn affirmation, attest or declaration, which shall be adjudged,
and is hereby enacted and declared to be of the same force and
¦effect to all intents and purposes whatsoever, as if they had taken an
oath, and in case any such person or persons shalt be lawfully con
victed of having wilfully and corruptly affirmed or declared, any
matter or tiling, upon such solemn affirmation or attest, shall incur
the same penalties and forfeitures, as by the laws and statutes of
¦England are provided against persons convicted of wilful and corrupt
perjury. And be it further enacted by the authority aforesaid, That all per*-
sons who shall be hereafter, either elected to serve in Council and
Assembly, or commissionated or appointed to be Judges, Justices,
Masters of the Rolls, Sheriffs, Coroners, and all other officers of
state and trust, within this government, who shall conscientiously
scruple to take an oath, but when lawfully required, will make and
¦subscribe the declaration and profession of their Christian belief,
according to the late act of parliament, made in the first year of
King William, and the late queen Mary, entitled, An act for exempt
ing their majesties Protestant subjects, dissenting from the Church of
England, from the penalty of certain laws, shall be adjudged, and
are hereby declared to be qualified to act in their said respective offices
-and places, and thereupon, the several officers herein mentioned,
shall instead of an oath, make their solemn affirmation or declara
tion, in manner and form following, that is to say :
The form of Judges and Justices, attest shall be in these words,
viz: Thou shalt solemnly promise that as Judge, or Justice, according
to the Governors commission to thee directed, thou shalt do equal
right to the poor and rich, to the best of thy knowledge and power,
according to law, and after the usages and constitutions of this go
vernment', thou shalt not he of council of any matter or cause
depending liefore thee, but shall well and truly do thy office in every
respect, according to the best of thy understanding;
The form of the attests to be taken by the Masters of the Rolls*
Secretaries, Clerks and such like officers, shall be thus, viz i

XI.IV INTRODUCTORY
Thou shalt well and faithfully execute the office of, &c, accord'
ing to the best ofthe skill and knowledge ; taking such fees only, as
thou oughtest to receive by the laws of this government.
The form of the Sheriffs and Coroners attest, shall be in these
words, viz :
Thou shalt solemnly promise, that thou wilt well and truly serve
the King and Governor, in the office of the Sheriff, (or Coroner) of
the county of &c, and preserve the King and Governors rights, as
far forth as thou canst, or mayest; thou shalt truly serve and
return, all the writs and precepts to the directed ; thou shalt take
no bailiff nor deputy, but such as thou wilt answer for; thou shalt
receive no writs, except from such Judges and Justices who by the
Laws of this government, have authority to issue and direct writs
unto thee ; and thou shalt diligently and truly do and accomplish all
things appertaining to thy office, alter the best of thy wit and power,
both for the King and Governor's profit, and good ofthe inhabitants
within the said ccunty, taking such fees only as thou oughtest to
take by the laws of this goven.ment and not otherwise.
The form of a Constable's attest shall be this, viz :
Thou shalt solemnly promise well and duly, according to the best
of thy understanding, to execute the office of a Constable for the
town (or county) of P., for this ensuing year, or until another be
attested in thy room, or thou shalt be legally discharged thereof.
The form of the Grand Inquests attests shall be in these words,
viz :
Thou shalt diligently enquire, and true presentment make of all
such matters and things as shall be given thee in charge, or come
to thy knowledge, touching this present service, the Kings counsel,
thy fellows and thy own, thou shalt keep secret, and in all things
thou shalt present the truth, and nothing but the truth, to the best of
thy knowledge.
This being given lo the Foremen, the rest of the Inquest shall be
attested thus, by three at a time, viz :
The same attestation that your foreman hath taken on his part,
you will well and truly keep on your parts.
The form of the attest to be given to the Traverse Jury, by four
at a time, shall be thus, viz :
You solemnly promise that you, will well and truly try the issue
of traverse, between the Lord, the King, and A. B., whom you have
in charge, according to your evidence.
In civil causes thus, viz :
You solemnly promise that you will well and truly try the issue
between A. B. plaintiff, and C. D. defendant, according to your evi
dence. Provided always, and it is hereby intended, that no person shall be
by this act excused from swearing, who by the acts of parliament "
for trade and navigation, are or shall be required to take an oath.

DOCUMENTS.

And that elections may not be corruptly managed, on which the
good of the government so much depends ; Be it further enacted, by
the authority aforesaid, That all elections of the said representatives
shall be free and voluntary, and that the electors who shall receive
any reward or gift for giving his vote, shall forfeit his right to elect
for that year ; and such person or persons, as shall give or promise
any such reward to be elected, or that shall offer to serve for nothing,
or for less wages than the law prescribes, shall be thereby rendered
incapable to serve in Council or Assembly for that year ; and the
representatives so chosen, either for Council or Assembly, shall yield
their attendance accordingly, and be the sole judges of the regularity
or irregularity of the elections of their respective members ; and if
any person or persons, chosen to serve in Council or Assembly,
shall be wilfully absent from the service, he or they are so chosen to
attend, or be deceased, or rendered incapable then, and in all such
cases, it shall be lawful for the Governor within ten days after
knowledge of the same, to issue forth a writ to the Sheriff of the
county, for which the said person or persons, were chosen, imme
diately to summons the freemen of the same to elect another member
in the room of such absent, deceased, or incapable person or persons;
and incase any Sheriff shall misbehave himself in the management
of any of the said elections, he shall be punished accordingly, at
the discretion of the Governour and Council, for the time being.
Be it further enacted, by the authority aforesaid, That every mem
ber now chosen, or hereafter to be chosen, by the freemen as afore
said, to serve in Council, and the Speaker of the Assembly, shall be
allowed five shillings by the day during his and their attendance;
and every member of Assembly shall be allowed four shillings by the
day, during his attendance on the service of the Assembly; and that
every Member of Council and Assembly shall be allowed towards
their travelling charges, after the rate of two pence each mile, both
going to and coming from the place where the Council and Assembly
is, or shall be held; all which sums shall be paid yearly out of the
county levies, by the county receivers respectively.
And be it further enacted by the authority aforesaid, That the
Governor or his Deputy shall always preside in the Council, and
that he shall at no time perform any public act of state whatsoever,
that shall or may relate unto the justice, treasury or trade ofthe pro
vince and territories, but by and with the advice and consent of the
Council thereof, or major part of them that shall be present.
And be it further enacted, by the authority aforesaid, That all the
Sheriffs and Clerks of the respective counties of the said province
and territories, who are, or shall be commissionated, shall give good
and sufficient security to the Governor, for answering the King and
his people, in matters relating to the said offices respectively.
And be it further enacted, by the authority aforesaid, That the
Council in all cases and matters of moment, as about erecting courts
of justice, sitting in judgement upon persons impeached, and upon

LXVI INTRODUCTORY
bills and other matters, that may be from- time to time presented by
the Assembly; not less than two thirds shall make a quorum, and
that the consent and approbation of the majority of that quorum, shall
be had in all such cases and matters of moment, and that in cases of
less moment, not less than one third of the whole shall make a quo
rum ; the majority of which shall and may always determine in all
such matters of lesser moment, as are not above specified; and in
case the Governors power shall hereafter happen to be in the Coun
cil, a President shall then be chosen out of themselves, by two thirds
or the major part of them, which President shall therein preside.
Be it further enacted, by the authority aforesaid, That the Gover
nor and Council shall take care that all the laws, statutes and ordi
nances, which shall at any time be made within the said province
and territories, be duly and diligently executed.
Be it further enacted, by the authority aforesaid, That the Gover
nor and Council shall at all times have the care of the peace of this
province and territories thereof, and that nothing be by any persons
attempted to the subversion of this frame of government.
And be it further enacted by the authority aforesaid, That the
Governor and Council, for the time being shall at all times settle and
order the situation of all cities and market towns, modelling therein
all public buildings, streets and market places; and shall appoint all
public landing places of the towns of this province and territories ;
and if any mans, property shall be judged by the Governor and
Council, to be commodious for such landing place in the said towns,
and that the same be by them appointed as such, that the owner shall
have such reasonable satisfaction given him for the same, as the Go
vernor and Council shall see meet ^ t-" ^":A ^-- thP said resnective
towns. Be it further enacted, by the authority aforesaid, That the Go
vernor and Gouncil shall at all times have power to inspect the man
agement ofthe public treasury, and punish those who shall convert
any part thereof to any other use than what hath been agreed upon by
the Governor, Council and Assembly.
Be it further enacted, by the anthority aforesaid, That the Go
vernor and Council shall erect, and order all public houses, and en
courage and reward the authors of useful sciences and laudable in
ventions in the said province and territories thereof.
And be it further enacted, by the authority aforesaid, That the
Governor and Council shall from time to time have the care of the
management of all public affairs, relating to the peace, safety, justice,
treasury, trade and improvement of the province and territories, and
to the good education of youth, and sobriety of the manners of the
inhabitants therein, as aforesaid.
And be it further enacted by the authority aforesaid, Thatthe rep
resentatives of the freemen, when met in Assembly, shall have pow
er to prepare and propose to the Governor and Council, all such bills

DOCUMENTS. LXVII
as they or the major part of them shall at any time see needful to be
passed into laws, within the said province and territories.
Provided always that nothing herein contained shall debar the
Governor and Council from recommending to the Assembly, all such
bills as they shall think fit to be passed into laws; and that the Coun
cil and Assembly may, upon occasion, confer together in committees
when desired; all which proposed and prepared bills, or such of them
as the Governor with the advice ofthe Council shall in open Assem
bly declare his assent unto, shall be the laws of this province and
territories thereof, and published accordingly with this stile: By the
Governor, with the assent and approbation of the freemen in
General Assembly met; a true transcript or duplicate whereof shall
be transmitted to the kings privy council for the time being, according
to the said late kings letters patent.
And be it further enacted, by the authority aforesaid, That the
Assembly shall sit upon their own adjournments, and committees, and
continue in order to prepare and propose bills, redress grievances, and
impeach criminals, or such persons as they shall think fit to be there
impeached, until the Governor and Council for the time being shall
dismiss them; which Assembly shall notwithstanding such dismiss,
be capable of assembling together upon the summons of the Gover
nor and Council, at any time during that year; two thirds of which
Assembly, in all cases, shall make a quorum.
And be it enacted, by the authority aforesaid, That all elections of
representatives, for Council and Assembly, and all questions to be de
termined by them, shall be by the major part of votes.
Be it further enacted, by the authority aforesaid, That as oft as any
davs of the month mentioned in any article of this act, shall fall upon
the first day ofthe week, commoniy called the Lords oay, tne Busi
ness appointed for that day, shail be deferred till the next day, unless
in cases of emergency.
Be it further enacted, by the authority aforesaid, That if any alien,
who is or shall be a purchaser of lands, or who doth, or shall inhabit
in this province, or territories thereof, shall decease at any time before
he can well be denizised, his right and interest therein shall, notwith
standing, descend to his wife and children, or other his relations, be
he testate or intestate, according to the laws of this province and ter
ritories thereof, in such cases provided, in as free and ample manner,
to all intents and purposes, as if the said alien had been denizised.
And that the people may be accommodated with such food and
sustenance, as God in his providence hath freely afforded; Be it en
acted, by the authority aforesaid, That the inhabitants of this province
and territories thereof, shall have liberty to fish and hunt upon the
lands they hold, or all other lands therein, not enclosed, and to fish in
all waters in the said lands, and in all rivers and rivulets, in and be-
lon<w to this province and territories thereof, with liberty to draw his
or their fish upon any mans land, so as it be not to the detriment or
annoyance ofthe owner thereof, except such lands as do he upon xa-

INTRODUCTORY

land rivulets, that are not boatable, or which hereafter may be erected
into manors.
Be it further enacted, by the authority aforesaid, That all inhabi
tants of this province and territories, whether purchasers or others,
and every one of them shall have full and quiet enjoyment of their
respective lands and tenements, to which they have any lawful or
equitable claim, saving only such rents and services for the same, as
are or customarily ought to be reserved to the lord or lords of the fee
thereof respectively.
Be it further enacted, by the authority aforesaid, That no act, law,
or ordinance whatsoever, shall at any time hereafter, be made or
done by the Governor of this province and territories thereunto be
longing, or by the freemen in Council or Assembly, to alter, change
or diminish the form and effect of this act, or any part or clause there
of, contrary to the true intent and meaning thereof, without the
consent ofthe Governor, for the time being; and six parts of seven
ofthe said freemen in Council and Assembly met. This act to con
tinue and be in force, until the said Proprietary shall signify his
pleasure to the contrary, by some instrument under his hand and seal
in that behalf.
Provided always, and it is hereby enacted, That neither this act,
nor any other act or acts whatsoever, shall preclude or debar the
inhabitants of this province and territories, from claiming, having and
enjoying, any of the rights, privileges and immunities, which the
said Proprietary for himself, his heirs and assigns, did formerly
grant, or which of right belong unto them the said inhabitants by
virtue of any law, charter or grants whatsoever, any thing herein
contained to the contrary, notwithstanding.

The originals of the following named documents are not in the
office of the Secretary ofthe Commonwealth, viz:
Certain conditions and concessions agreed upon by William Penn
and the first adventurers and purchasers in Pennsylvania.
The Frame of the Government of the Province of Pennsylvania,
together with certain laws agreed upon in England.
The Frame of Government granted in 1683.
The Frame of government passed by William Markham in 1696-

IOTUNATj
OF THE
COUNCELL OF THE PROVINCE OF PENSILVANIA,
AND
TERRITORIES THERE- UNTO BELONGING.

Att a councell held att Philadelphia the lO1" ofthe first* Month,
1682-3. PRESENT :
War. PENN, Proprietery and Governer of Pensilvania, and terri
tories annexed.
Capt. Wm. Markham, Wm. Haigee, Edmd Canholl,
Christo. Taylor, Jno. Moll, Wm. Clayton,
Thomas Holmes, Ralph Withers Wm. Biles,
Lasse Cock Jno. Simcox, James Harison,
Wm. Clarke, ffrancis Whitwell, Jno. Richardson.
Jno. Hilliard, Then the Sherifs of each County were called in, viz' :
ffor the county of Philadelphia, John Tost.
ffor the county of Chester, Thomas Usher.
ffor the county of Bucks, Richard Noble.
ffor the county of New Castle, Edmd Canholl.
ffor the county of Kent, Peter Bawcomb.
ffor the county of Sussex, John Vines.
The Governer ordered that one speak at a time, standing up, wfi
his face to the chink.
A debate being about the balloting box, the question was putt wheth
er the Ballot should be used in all cases'? Past in y8 negative.
The Question being putt whether they would have the ballot in all
personall matters ? resolved in the affirmative.

*By the 41st Chapter ofthe acts ofthe first General Assembly of
Pennsylvania, passed December 7th, 1682, it will appear that the
first settlers at this state began the year on the first of March. The
following is an accurate copy of the chapter referred to :
And bee it, Enacted hy the Authority aforesd that y8 days of ye
week & y" months of ye year, Shall be called as in Scripture, & not
by Heathen names, (as are vulgarly used,) as ye first, Second &
Third daies of y" week, and first Second & Third months of ye year,
begining -with ye day called Sunday, & ye month called March.

2 MINUTES OF THE
The Question being putt whether all Bills should be past intothe.
Laws by Vote, resolved in the affirmative.
The Returns of the Sherifs being read, w" the Petieons and Ad-
dresses ofthe ffreemen to the Govemer, and finding therein that the
People have amply vested their 12 Deligates out of each county w*
power to act as the Provincial! Councelours & Generall Assembly,
and it being proposed to the elected members aforesaid if they were
chosen to serve in both those capacities, they answered they were:
That is to say, three of each Twelve for the Provinciall Councill, and
the remaining Nine of each Twelve to constitute the Generall Assem
bly, according to the returnes.
After the reading of the Returnes & Petieons, the Charter of Lib
erties was read.
W80 requiring a greater number then was chose to serve in Pro
vinciall Councill '& Generall Assembly, yet left to be explained and
confirmed by the Govemer, his heirs and assigns, and the Freemen of
this Province and Territories in Provincall Councill and Assembly
mett, the Deputies of the ffreemen in Prov" Councell and Assem
bly do think the reason alladged in the Sherifs Returnes & Petieons
of the ffreemen for not Chuseing more than 12 to serve in Prov" Coun
cill and General Assembly, are sufficient, and that the seventy two
now chosen & returned have in them the Power of the whole Free
men of this Province and Territories thereunto belonging, and so capa
ble of serving as a provinciall councill &'Genrall Assembly. A mem
ber moving that the Govern" may be desired that this alteration may not
hinder y8 people from the benefit of this Charter, because it seems
thereby to be returned to him again by not being accepted as largely
as Granted. The Govern" answered, they might amend, alter, or
add for the Publick good, and that he was ready to Settle such Foun
dations as might be for their happiness and the good of their Posteri
ties, according to y8 powers vested in him. The Numbers to be in
creased by the Govern" & Councill, Freemen in Prov" Councill and
Assembly mett.
Vpon the whole matter the Assembly went to chuse a Speaker.
Adjourned till y8 12th 1" Mo. 83.

Att a Councill held at Philadelphia the 12th of y8 1st Mo. 1683.
PRESENT :
Wm. PENN, Propey & Govern1 of Pensilvania & Counties annexed.
Capt. Wm. Markham, Jno. Moll, Wm. Clarke,
Christo. Taylor, Edmd Cantwell, Fran. Whitwell,
Capt. Tho. Holmes, Wm. Clayton, Jno. Richardson,
Jno. Simcox, Wm. Biles, Jno. Hilliard,
Lasse Cock, Jam. Harrison, Ralph Withers.
Wm. Haigee,
It being reported to the Govern" & Councill by several members of
it, that Nicholas Mopre, President to y8 society of free Traders in

PROVINCIAL COUNCIL. $
this province, took occasion in company in a publick hous*e, to vtter
those, words agl the Proceedings of the Govern", Prov" Councill &
Assembly, as that they have this day broken the Charter, & there
fore all that you do will come to Nothing, & that hundreds in Eng
land will curse you for what you have don,e, & their children after
them, and that you may hereafter be impeacht for Treason for what
you do: Whereupon, the Govern" and Councill did order that Nicho
las Moore should appeare before them. He accordingly did appeare, &
being fiharg'd with such Discourse, said that he spoke rather by Query
then assertion, and if he had said as it was represented, he had been
too blame indeed, but he said that he spake not wu,such an Intent;
however, his Discourse being unreasonable and imprudent, he was
exhorted to prevent the like for the future.
Adjourned till 13th 1st Mo., 83.

Att a.Council held att Philadelphia, y8 13th of y8 1st Mo. 1683.
present:
Wm. PENN, proper & Govern' of Pennsylvania & County" an
nexed.
Capt. Wm- Markham, James Harrison, John Simcox,
Capt. Thomas Holmes, Jno. Halliard, . John Moll,
Wm. Clarke, Wrm. Clayton, John Richardson,
Wm. Haige, Wm. Biles, Francis Whitwell,
Christo. Taylor, Edmd Cantwell, Lasse Cock,
Wk. Haige desiring leave to be absent this Day, it was granted him.
Thomas Wynn, Speaker, accompanied w01 Thomas Bracey & Wm.
Yardley, members of y8 Assembly, came in y8 name of the whole
Assembly, to desire a conference with y" Govern", which the Gover-
nour and Councill yields to.
The Result was Viz' :
That Twelve makes a Quorum in all businesses relating to the for
mer part of the fifth and Sixth articles of the Charter relating to the
letter part of the same Article. That during the present infancy of
things, that the business of four comittees hr the 13th Article, be
performed by the Councill for the time being, in such way and man
ner as their numbers will give leave. Whereas, it is said in the 7th
Article of the Charter, that the Govern" and prov" Councill shall pre
pare & propose to the Gen" Assembly all bills that they shall at. any
time think fitt to be past into Laws within y8 said province & Terri
tories; It be added, provided they are not inconsistent with the powers
granted by the King's Letters Pattent's.
Adjourned till 14a Is' Mo., 83.

4 MINUTES OF THE
Att a Councill held at Philadelphia y8 14th of y8 1" Mo., 1683.
present:
Wm. PENN, propery and Govern" of Pensilvania & countys annexed -
Capt. Wm. Markham, Wm. Clayton, Fran. Whitwell,
Capt.Thom: Holmes, Jfto. Simcox, Jno. Moll,
Christ: Taylor, Ralph Withers, Jno. Richardson,
Jam: Harrison, Wm. Haige, Jno. Hilliard,
Lasse Cock, Wm. Biles, Wm. Clarke. »
Edmd Cantwell,
The Prov" Councill resolved into a Grand Comittee, whilst ye
Gov", retired! vpon urgent business. Capt. Wm. Markham, Chair
man : they recd & read sevrall petieons, but referred their answer to
yB Councill.
Adjourned till two ofthe Clock in the afternoon.
POST MERIDIEM.
A Petieon of Peter Isgoe and Abraham Mann read, was referred
to the County Court.
The Petieon of Geo : Oldfield & his wife read and referred to the
County Court, where the Land meneoned in the Pat : lyes.
The Petieon of Abraham Mann, John Tost & Jno. Vines, Sherifs,
about Establishment for their fees, was read, & Ordered that a Table
of Fees should be forthwith established.
The Petieon of John Day read, and will be considered amongst other
things. The Petieon of the Inhabitants of Duck Creek, about the Cutting;
of the way through the Marsh for Vessels to pass, was referred- to
the County Court in which' the same doth lye.
Adjourned till' 15th' 1" Mo., 831

Att a Councill held' att Philadelphia, y8 15th of ye 1* Mo., 1683.
PRESENT :
Wm. PENN, Prop^y & Govern" of Pensilvania & Countys annexed.
Capt. Wm. Markham, Jno. Simcox, Wm. Clark, 4
Capt. Tho. Holmes, Jam: Harison, Jno. Moll,
Capt. Edmd Cantwell, Jno. Hilliard, Win. Clayton,
Ralph Withers, Jno. Richardson, Francis Whitwell.
Christo. Taylor,
Ordered that John Richardson pay five- shillings for being disor-
ed in Drink, and be reproved.
The Question being putt whether the Govern" should have power to
Secure himself, his heirs and Assigns, It was resolved in the Affirma
tive. The Question being putt whether two of y8 members of this Coun
cill should -go1 to y8 house of Assembly to have a Conference about it,,
resolved in the affirmative.

PROVINCIAL COUNCIL. 5
A Conference was held wlh the assembly & they withdrew to con
sider of it, and Returned this answer by the Speaker.
And John Cann that the Assembly have Nemine Contradicente
agreed that all Laws Should be prepared & proposed by the Govern'
& Councill.
Adjourned till three of the Clock in the afternoon.
POST MERIDIEM.
The Governour yet again offering that if they had any other Ex
pedient yet to offer or propose, they might, though they had agreed
to it in the morning, and after some consideraeon it was putt to ye
Question whether an Other Expedient could be found out more seaf
to the Govern" & people ; past in the negative. It was resolved (none
dissenting) that the words Jointly assenting should be added to that
part of the bill relating to the article of the charter.
Thomas Pearce's Petieon concerning a Sloope he bought for the
service of the Society was read, and his allegation not being proved,,
the matter fell.
Adjourned untill y8 16'" of y8 1st Mo., 83..

At a Councill held at Philadelphia y8 16th of ye 1" Mo., 1683;
present:
Wm. PENN, Prop^y and Govern" of Pensilvania & Countys An
nexed.
Capt. Wm. Markham, Jno. Moll, ffran. Whitwell,
Christo. Taylor, "Edma Cantwell,, Jno. Hilliard,
Jam: Harrison,. Wm. Biles, Jno. Richardson,
Wm. Clarke, Wm. Clayton, Wm. Haige,
John Simcox, Ralph Withers,., Lasse Cock.
A Letter reed from Nicholas Moore, President of the Society, to ye
Gov*, Desiring that the Law ag!. Fornication might be explained not
to extend to Serv18, "because' the -present penalty would be to the Mas
ter1 & Mrs., wherefore prayedsorne severe punishment may be Enact
ed more consistent w"" the Mr.-. &. Mrs. Interest.
These Bills were prepared and drawn. up to pass into Laws:
A Bill for planting fflax and hemp. .
A bill for building a? house of Correction in each County, 24 foot
by 16.
A bill to hinder the Selling of Serv61 into other provinces, and to
prevent Runaways.
A bill about Passes j..
A bill about burning woods and Marshes.
A bill to have Cattell marked & to Erect Bounds.
A bill about Fencing.
Three Comittees appointed to prepare bills for the Councill.
1*

6 MINUTES OF THE'
Capt. Wm. Markham, Francis Whitwell;
Jno. Simcox, John Halliard,
Wm. Clarke.
The paper of Proposalls from Kent County Comitted to them to
putt into a Bill or bills..
James Harrison, John Moll,
Christo: Taylor, Ralph Withers,
Edmund Cantwell.
To whom it is referred to prepare bills about Prisons, Sowing of
hemp and Flax, Runaways, Passes, Selling of Serv" into other pro
vinces, for Destroying Wolves, To raise Money, & a bill for Hogg
stealers.Wm. Clayton, Wm. Biles, Thomas Holmes,
Wm. Haige, Jno. Richardson, Lasse Cock.
To whom is refered the burning of woods and Marshes, to have
Ghattell marked, To erect Bounds of fiences-
Adjourned till 17"' 1 Mo., 1683.

At a Councill held at Philadelphia y8 IT* of y" l* Mo., 1683. „
PRESENT :
Wm.. PENN, prepay and Govern" of Pensilvania and Countys An-.
nexed.
Capt. Wm. Markham, Capt. Lasse Cock, Jno. Moll,
Wm. Haige, Fran. Whitwell, Jam. Harison,
Wm. Biles, Christ: Taylor, Jno. Hilliard,
Wm. Clayton, Jno. Simcox, John Richardson. ,v
Gapt.Tho: Holmes,
The Comittees presented several bills to the Councill, and adjourn- .
ed till Three of y8 Clock in the afternoon.
POST MERIDIEM.
The Speaker and the whole House of Assembly attended the Gov8"
and Councill w'b a Bill of Settlement, acquainting them that he was
comanded by the whole house to let them know they had past the
bill w"1 one Consent.
Adjourned till 19th of Is' Mo., 83.

At a Co.uncill held at Philadelphia y8 19th of 1st Mo., 1683'.
PRESENT :
Wm. PENN, prop^y and Govern" of Pensilvania & Countys annexed...
Capt. Wm. Markham, Wm. Biles, Jno. Richardson,
Capt. Pho. Holmes, Wm. Clayton, Wm. Clarke
Jno. Simcox, Fran. Whitwell, Lasse Cock, '
Jam. Hanson, Jno. Hilliard, Jno. Moll
Edm" Cantwell, Wm. Haige,

PROVINCIAL COUNCIL. 7
The Speaker with divers Members, came, w* the bill of Settlement
and divers amendments, wch were yielded to by the Govern' & Councell
Severdl Bills relating to Carried by Order of Councell to the As-'
sembly by Win. Clarke and ffrancis Whitwell.
Several bills relating to carried by order.-of Councell to ye Assem
bly by Thomas Holmes & James Harrison.
The bill of Settlem' being, amended, was returned to this Councill
by two of the Members of y8 Assembly; namely, Robert Wade &
Griffith Jones.
The Petieon ofthe Mariners belonging to the Friends Adventure, Con
cerning their wages, was read, & Ordered y' they shall have a hear
ing to-morrow at three, of ye Clock in the afternoon.
Adjourned till four of y8 clock afternoon.
POST MERIDIEM.
Ordered that Wm.. Clarke and John Moll, Compare the Fees of
New York and Delaware,, and make a report to this Councill.
Ordered that Capt. Edmd Cantwell and John Moll turn over the
Duke's Laws, & give a Report proper for them to Consider on.
A.djournednill 20tt 1st Mo., 83.

At. a. Councill held at Philadelphia y8 20lh of lsl Mo.,' 1683.
present :
Wm. PENN, Prop^y and Gov' of Pensilvania & Countys annexed;
Tho. Holmes, Jno. Richardson, Fran. Whitwell,
Jno. Moll, Wm. Haige, Lasse Cock,
Win. Clayton, Ja : Harrison, Jno. Simcox,
Jno. Hilliard, Edmd Cantwell, Wm. Biles,
Wm. Clarke,
Adjourned till three of y8 Clock afternooni
POST MERIDIEM..
The Speaker w* two of the members of the Assembly, attended
the Gov" and Councill w"1 several Bills that were' sent up to them,
after w8*1 the Gov" & Councill desired a Conference with the whole
House & Freemen, about the Charter, and then the Question being
asked by the Gov" whether they would have the old Charter or a new
one, they unanimously desired there might be a new one, wa the
amendmte putt into a Law, w8" is past.
The Petieon of Nathaniell Allen was read, shewing that he had
sould a.Serv' to Henry Bowman, for Six hundred weight of beefe,
w"1 y8.hide & Tallow, & Six pounds sterl., which y8 said Bowman
delayed to pay y8 said Petieoner, shewing likewise that y"said Henry
Bowman & Walter Humphrey, hired a boat of the sd Petitioner
only for one month, & kept y8 same boat 18 weeks from y8 peti
eoner, to his great prejudice; then it was ordered y' Wm. Clarke,
John Simcox & James Harrison, should speak to Henry Bowman
concerning this matter^

8 MINUTES OF THE
The Petieon of Jno.. James, Timothy Metcalf & Tho. Lincey, Mari
ners, belonging to the Friends Adventure, was read, shewing that the
Mr. of said ship deny'd to pay them their wages, being demanded
according to contract made with them in England.
Ordered that John Tost, high Sherife of this County, bring the said
Petieoners before the Gov81 and Councill to-morrow at Eight of y8
Clock in the morning.
Adjourned till 21st 1st Mo., 83.

Att a Councill held at Philadelphia yB 21" of y8 1" Mo., 1683.
PRESENT ::
Wm. PENN, propriety & Gov8" of Pensilvania & Counties annexed.
Jno. Simcox, Jno. Hilliard, Wm. Haige,
Jam : Harison, Chris. Taylor, Edmd Cantwell,
Capt. Tho. Holmes, Wm. Biles, Lasse Cock,
John Moll, Fran. Whitwell, s Wm. Clarke.
Jno. Richardson,
The Seamen belonging to y8 Friends Adventure; viz' : Jno. James,
Timothy Metcalf and Thomas Lincey, were brought before the Gov'
& Councill, & were ordered for a tryall before them.
The Petieon, of Jno. James for himself & in behalf of ye rest of y8
said Ships Compl being read, requesting y'they might be putt in ca
pacity to address toy8 Gov" & Councill, It was ordered they shall
have a hearing, & vpon the hearing, it was Ordered by the. Gov" &
Councill, that the Seamen should bring vp the goods Left at Vppland
to Philadelphia, & y'then the Gov" and Councill will take care to or
der that y8 said Seamen be paid their wages.
Whereas, Edward' Southerin is returned to serve in P. Councill
for Sussex County, &- that he hath not yet made his appearance to
pform that Service, It is ordered by tlie Gov" & Councill that he givq
his attendance fortkw"1 in Council! att Philadelphia.
Comittees for proposing several' Bills rv-
Jno. Simcox, Wm. Haige,
Wm. Clark, Edmd Cantwell,,
To whom it is referred to propose Bills concerning Rules of County-
Courts.
Bills of Exchange protested.
Possessions. •
Publique affairs.
Sailors Wracks,
Act of Oblivion.
Scoulds. Capt. Tho. iHolmes, , Wm. Biles,
Wm. Clayton, Jno, Richardson, ,
To whom.it is referred* to .propose. Bills Concerning:
To arrest, Goods in cas@r of Danger.

PROVINCIAL COUNCIL. q
Limits of Courts in Criminal Causes.
Justices of the Peace to Marry People.
How farr ExecP and Adm™ are obliged to proceed, & how to pay.
Publique houses to creditnoVnresidentforabove20!-orelseto loose it.
Not to remove his Neighbour's Landmark.
Punishm' for those y' shall presume to alter their Neighbours Eare
or Brand Mark.
James Harrison, Christo. Taylor, Jno. Moll.
Francis Whitwell, Jno. Hilliard,
To whom is referred to propose Bills for :
Hoggs to be Ringed.
Coroners to be established in each County.
Servants without Indentures to be judged w* shall be allowed them
att y8 Expiration of their times.
How to bind any over to the Peace.
Twice a year a Grand Jury.
Capt. Lasse Cock, desiring Leave of the Gov' and Councill, to go
about f Societies' business, Leave was granted him.
Adjourned till four of y8 Clock in y8 afternoon.
Post Meridiem.
Griffith Jones and Thomas Fitchwater, came w* a written Mes
sage from the House of Assembly, Containing the thankful acknowl-
edgnv* of y8 House to y8 Gov" for his kind Speech to them yester
day, gratefully embracing his Offers, proposing what they desired
might inserted in the Charter. The several Comittees appointed to
meet at Several Places.
Adjourned till 22d; l8' Mo. 83.

Att a Councill held at Philadelphia y8 22d of y8 Is' Mo. 1683.
PRESENT :
Wm. PENN, propKy & Govern" of Pensilvania and Countys an
nexed. {
Capt. Wm. Markham, Jno. Hilliard, Edmd Cantwell,
Capt. Tho : Holmes, Wm. Clayton, Jno. Simcox,
Christo. Taylor, Wm. Clarke, Jno. Richardson,
Jam : Harison, Wm. Haige, Fran. Whitwell.
Wm. Biles, Jno- Moll,
The Several Comittees brought in their Bills to the Councill to-
be considered of. Wm. Haige & Capt. Edmd Cantwell desired Leave
for some time to go about their business, w* was granted them.
Several Bills relating to several Matters, carried by John Moll and
James Harrison to the Assembly, by Order of the Govern" & Coun-.
cill. Adjourned till 83d Is' Mo. 1683.

10 minutes of the
At a Councill held at Philadelphia y8 23d of y8 1" Mo., 1683.
present :
Wm. PENN, Propriet'y and Govern' of Pensilvania & Counties an
nexed.
Capt. Wm. Markham, James Harison, Wm. Clayton,
Capt. Tho: Holmes, , Wm. Haige, Wm. Biles,
Christo: Taylor, Jno. Moll, Jno. Richardson,
Wm. Clarke, Jno. Hilliard, Jno. Simcox,
Fran: Whitwell,
Several Bills relating to carried by Tho: Holmes to the Assembly,
by ord' of y° Gov" and Councill.
The Law of Weighfw referred.
The Question was asked in Councill whether Peace Makers should
sitt once- a month.
It was proposed what should be the punishm' of Manslaughter.
, Ordered that the Seal of Philadelphia be the Anehor;
v of the County of Bucks a Tree and Vine;
of the County of Chester a Plow;
, of the County of New Castle a Castle;
of the County of Kent three ears of Indian Corn;
of the County of -Sussex one Wheat Sheaf.
Adjourned till 4 Clock in y8 Afternoon.
post meridiem.
Several Bills relating to sent by Order of the Govern' & Council!
to ye Assembly by Thomas Holmes and Wm. Clark.
Bills relating to Weights and Measures sent by Order of the Go
vern8" & Councill to y8 Assembly by Wm. Clayton & Jno. Hilliard- ,
Adjourned till 24th Is1 Mo., 1683.

At a Councill held at Philadelphia y" 24,h of 1" Mo., 1683.
PRESENT :
Wm. PENN, Prop^y and Govern" of Pensilvania and Countys An
nexed.
Capt. Tho: Holmes, Chr. Taylor, Capt. Wm. Markham,
Wm. Haige, Jam. Harrison, Wm. Clarke,
Jno. Simcox, Jno. Richardson, Fran: Whitwell,
Jno. Hilliard, Wm. Clayton, Wm. Biles. '
Jno. Moll,
A Debate was held concerning Marriage, and Parents Disposing of
Estates. ¦ ¦ re
Wm. Haige desiring Leave to go about the Societies' business, it
was granted him.
¦ Several Bills relating to carried by Order of Gov' & Councill to
the Assembly by James Harrison and Christopher Taylor.

PROVINCIAL COUNCIL. 11
^ i1!6'?11 0f Jno- Tost for y° Paym' of 12°£ ster1 due from
Griffith Jones bemg read, Ordered y' James Harrison & Wm.
Clarke this afternoon take up & make an end of the business.
A Petieon of Charles Pickering read.
Ordered he shall be heard the 26 Instant in y8 afternoon.
Several Bills ordered by the Govern' & Councill to be carried to
the Assembly by Wm. Biles and Jno. Richardson. ,
Adjourned till 26th 1 Mo., 83.

At a Councill held at Philadelphia y8 26*° 1" 1683.
PRESENT : *
Wm. PENN, Prop8ry & Govern' of Pensilvania and Countys An
nexed.
Capt. Wm. Markham, Wm. Clarke, Jno. Hilliard,
Wm. Haige, Capt. Tho. Holmes, Jno. Moll,
Wm. Biles, Jno. Simcox, Jno. Richardson,
Wm. Clayton, James Harison, Francis Whitwell.
Chr. Taylor,
Ordered in Councill that Jno. Moll, Wm. Haige, Wm. Clarke, be a
Comittee to bring their report to morrow morning of the Fees of
Officers belonging to y8 Custom house.
Ordered in Councill that Wm. Biles, Francis Whitwell & James
Harrison do consider of y8 Dutys and fees of Coroners, and make
their Report To morrow morning.
The Speaker with Three Members, came to this house with Several
Bills. The Councill ordered a Conference to be had w"1 y8 whole house
of Assembly concerning some amendments this afternoon.
A Conference held in Councill concerning the Petieon from the As
sembly relating to Fishing, Fowling, Mines, Quarries, and Minerally.
Christopher Taylor & Jno. Moll ordered by Govern' and Councill
to carry y8 old Laws to y8 Assembly for them to look over.
Adjourned till 27 1 Mo., 83.

Att a Councill held at Philadelphia y8 2701 1" Mo., 1683.
PRESENT :
Wm. PENN, Prop^y and Govern" of Pensilvania & Countys An
nexed.
Capt Tho. Holmes, Jno. Hilliard, Wm. Biles,
Jno. Moll, James Harrison, Jno. Richardson,
Wm. Clarke, Jno. Simcox, Capt. Wm. Markham,
Wm. Haige, Wm. Clayton, Christo. Taylor.
Fan. Whitwell,

12 MINUTES OF THE
John Moll and Thomas Holmes ordered by the Govern' and Coun
cil to go to the Assembly to have a Conference about the Amend
ments. Wm. Haio-e and James Whitwell ordered by the Govern" and Coun
cill to carry several Bills to the Assembly relating to Mariners, and a
bill to give every prov" Councill Man 3s p day,& each Assembly man
2s 6d p Day, &c.
Adjourned for two howers. post meridiem.
The Governour and Councel being sett, Capt. Wm. Markham de
sired leave to be absent- a small time, w* was granted him.
It being putt to the Question whether the 19s Article should be In
serted in the Charter, was past in the negative.
It being putt to ^Question whether thoso words iny8 17th Article of
y8 Charter : That after the Death of the present Govern" the Gov" &
Councill should begin y8 said Article, It was Resolved in y8 affirmative.
It being proposed whether the Charter should he transcribed, It was
resolved in the affirmative.
Ordered by the Govern" and Councill that Thomas Holmes, Wm.
Clark, John Moll, Jno. Simcox and Christopher Taylor, do consider
the amendm*5 of the Charter, and give a report concerning the same
To-Morrow. Adjourned till 28th 1" Mon., 83.

At a Councill held at Philadelphia y8 28lh Is' Mo., 1683.
PRESENT :
Wm. PENN, Propery & Govern" of Pensilvania & Countys annexed.
Capt. Wm. Markham, Jno. Hilliard, Wm. Biles,
Capt. Tho. Holmes, Wm. Haige, Christo. Taylor, .
Wm. Clark, Jno. Simcox, Fran. Whitwell,
James Harrison, Jno. Moll, Jno. Richardson.
The business of Charles Pickering & Walls, Seamen, was this Day
heard before y8 Govern" & Councill, & it was their opinion that y8 Sea
men, excepting one of them, namely, John James, had done their
duty. Capt Wm. Markham and Christopher Taylor ordered by Govern8"
and Council to carry to y8 Assembly several Bills relating to.
Timothy Metcalf ordered to pay 5s for being disordered in Drink.
Ihe Speaker w<" several other members, brought several bills to
this board.
The Govern' & Councill were pleased to inspect the fees.
& Adjourned till 29'" 1 Mo., 83.

PROVINCIAL COUNCIL. 13
At a Council held at Philadelphia y8 29lb 1" Mo., 1683.
PRESENT :
Wm. PENN, Prop'y and Govern" of Pensilvania & Countys annexed
Capt. Wm. Markham, Jno. Hilliard, Fran. Whitwell,
James Hanson, Jno. Simcox,. Wm. Biles,
Christo. Taylor, Wm. Clayton, Jno. Richardson,
Wm. Clarke, Jno. Moll, Tho : Holmes.
James Harrison and Christo. Taylor ordered to go to the ' Assem
bly to have a Conference concerning the Bills ofthe ffccs of this pro
vince, &c.
A Conference is had viz' :
All Ships and Vessells vnder 10 Tunns & those that belong to this
River, to pay no fees.
The Question was proposed by the Govern" whether Offices should
continue for Life which are named by the Govern"' ; Carried in the
Negative. Also whether the Govern" that now is, shall chuse his officers du
ring his life ; Carried in the Affirmative.
The Question was putt whether the justices of the Peace, Sherifs,
& Constables, should be appointed by the Govern" dureing his life ;
Carried in the Affirmative.
The Question was putt whether the Govern" should chuse officers
during his Life, and afterwards according to Charter ; Carried in the
Affirmative. The Question was whether there should be a Comittee to draw
up the Gharter with amendments ; past in the affirmative.
The Comittee ofthe Council, out of each County one :
John Moll, New Castle County,
Fran. Whitwell, Kent County,
Wm. Clarke, Sussex County,
Jam : Harrison, Bucks County,
Wm. Clayton, Chester County,
Tho. Holmes, Philadelphia County.
The Committee of the Assembly :
James Walliams, New Castle.
Benony Bishop, Kent.
Luke Watson, Sussex. i Countys.
Thomas Fitchwater, Bucks. f y '
Dennis Rochford, Chester. I
Thomas Wynne, Speaker, Philadelphia. J
Agreed to sitt upon the Charter this afternoon, att 6 of the Clock.
A meeting of the generall Surv" and Purchasers, appointed to be
held to-morrow in the evening, about the Fees of Surveying, both to
tie held att the Council Chamber.
Adjourned till SO"1 Is' Mo., 83.

14 MINUTES OF THE
At a Council held at Philadelphia ye 30'1 1* Mo., 1683.
PRESENT :
Wm. PENN, Prop'y and Govern' of Pensilvania and Countys an
nexed.
John Moll, Capt. Wm. Markham, Jno. Richardson,
Christo. Taylor, Wm. Haige, Wni. Clayton,
Wm. Clarke, Jam: Harison, Jno. Simcox,
Jno. Hilliard, Francis Whitwell, Wm. Biles.
Thomas Holmes,
John Moll & James Harrison ordered by the Govern' & Councill
to carrie Several Bills to the Assembly.
The Question putt by the Governour, whether or no the old Char
ter shall serve with amendments, or a new one drawn. Agreed it
should be drawn again and the amendments putt in.
The Speaker w,h some other members, brought Several Bills to
the Council.
Adjourned till 3 in y8 afternoon. POST MERIDIEM.
A Comittee ordered to prepare the Charter by 8 of y8 Clock to
morrow morning, being John Moll, James Harrison, Jno. Simcox,
Thomas Holmes and Wm. Clarke.
Putt to the Vote, as many as are of opinion that a Publick Tax upon
Land ought to be Raised, to defray the Publick Charge, say Yea.
carried in the affirmative — none dissenting.
Jno. Moll, Wm. Clayton, John Hilliard, Jno. Richardson & Fran
cis Whitwell, appointed for a Comittee to bring in y8 Charge of ye
Province. Adjourned till ye 31 1" Mo., 83.

At a Councill held at Philadelphia y8 SI01 1st Mo., 1683.
present:
Wm. PENN, proprietor and Gov" of Pennsilvania and Countyes an
nexed.
James Harrison, Wm. Clayton, fran. Whitwell,
Jno. Moll, Jno. Hilliard, Jno. Simcock,
Wm. Haige, Wm. Biles, Chris. Taylor,
Wm. Markham, Thomas Holmes, Jno. Richardson.
Wm. Clark,
James Harrison & Jno. Symcock, ordered by ye Gov' and Coun
cill, to Carrie several Bills to y8 Assembly relating to.
Wm. Haige desires Leave to be absent for some time. Leave is
granted him.
The Speaker attends this house with several Bills.
Adjourned till 3 of y8 Clock in y" Afternoone.

PROVINCIAL COUNCIL. 15
POST MERIDIEM.
The Speaker came downe this afternoonew"1 yc whole house to
hear the Charter read, wch was soe done.
The GoV proposed whether they would have y8 500 Members
Stand in this New Charter, or have it altered that only two hundred
should be y8 greatest number. The Last was past in y" Negative.
The Question was put whether they would ye Clark w'h y" Char
ter to Inrole it, agreed Nemine Contradisente.
Capt. Wm. Markham, Jno. Richardson, James Harrison,
Chris. Taylor, ffran. Whitwell, John Hilliard,
Jno. Symcock, Wm. Haige, Wm. Biles,
Jno. Moll, Tho: Holmes, Lasse Cock.
Wm. Clayton, Wm. Clark,
The Gov" and these Membre of Councill, w"' y8 Whole Assembly
being psent, The Bills were read and past into Laws, Nemine Contra-
dicente. Adjourned till y8 2d 2d Mo., 83.

At a Councill held at Philadelphia y8 2d 2d Mo., 1683.
present:
Wm. PENN, Pro" and Gov' of Pennsilvania and Countyes Annexed.
Capt. Wm. Markham, John Moll, ffran. Whitwell,
Tho. Holmes, Wm. Haige, Jno. Hilliard,
Christ: Taylor, Wm. Clarke, Jno. Richardson,
Ja: Harrison, Wm. Biles, Wm. Clayton.
Jno. Symcock,
The Speaker, with two of ye Members of y8 Assembly, brought
downe a Petition to y8 Governor.
Tho. Holmes, John Moll, John Hilliard and Wm. Haige, were sent
by y8 Gov" & Councill with several Bills to ye Assembly.
Wm. Clark sent w"1 Several Bills to y8 Assembly.
James Harrison & Christ : Taylor Sent by y8 Gov" & Councill with
several Bills to y8 Assembly.
Jno. Symcock Brought several Bills from y8 House.
The Speaker, with two other members of y8 Assembly, Wayted on
ye Councill with several Bills.
Two of y8 Members of y8 Assembly wayted on y8 Councill with a
Message Concerning y8 Bill of Cleaning of Corne, w8" being put to
y° Vote, was Carried in ye Affirmative.
John Symcock, Jno. Richardson, fran. Whitwell, Wm. Haige &
Wm. Biles, were sent by ye Gov" & Councill with severall Bills to
y8 Assembly. John Symcock 8? Ja: Harrison, sent Likewise with
several Bills.
Adjourned till 3 of y8 Clock, Afternoone.

16 MINUTES OF THE
POST MERIDIEM.
The Same Members Present.
The Speaker with y8 whole house came to y8 Councill to heare
severall Bills read and Passed in to Laws w8" was accordingly done
Consideration arising whether y8 Gov" three Voyces should stand
in Prov" Councill as by y8 ould Charter, the Question was put, all
yee that are willing y' the last proposition should stand so as it is, say
yee. The Question being put twice, was Carried in the Affirmative.
The Great Charter of this Province was this night* read, signed,
Sealed & Delivered by y8 Gov" to y8 Inhabitants, and received by
v" hands of James Harrison and, y8 Speaker, who were Ordered to
returne y8 Old one w1" ye hearty thanks of y8 whole house; which
accordingly they did. Edmd Cantwell, Lasse Cock, Ralph Weth
ers, Jno. Rouds & Edward Southern, these members ofy Councill
were absent. p
The Question was put whether Skins should be prohibited ; har
ried in the Negative. . ,
Also, if they would have an Imposition laid upon them ; past in the
Affirmative. Adjourned till y8 3d 2" Mo. 83.

At a Councill held at Philadelphia the 3d of y8 2d month, 1683.
PRESENT :
Wm. PENN, Prop" & Gov' of Pennsilvania and Countyes Annexed.
Wm. Markham, Jno. Richardson, Jno. Hilliard,
Tho : Holmes, John Symcock, Wm. Haige,
Chr. Taylor, James Harrison, John Moll,
Wm. Clark, Wm. Biles, Ralph Withers.
Wm. Clayton, fran : Whitwell,
It was proposed That no fellons be brought in to this Contrey.
An Other Concerning money or Pieces of Eight.
An Other Concerning Apprentices that runn away from their mas
ters without Certificate, should not be Entertained, and Being put to
y8 Vote ; was Carried in y8 Affirmative, that they may be brought in.
The Question was put whether y8 Law that is past shall stand
without Altering ; Carried in y8 Negative.
The Question was put whether Pieces of Eight should goe by
weight ; Carried in y8 Negative.
A Supplym' to ye Bill of Money, was put to y8 Vote whether it should
' be added. Past in the Affermative.
The Question was put whether they would have a Seal to y8 Laws
ofy8 Province made Every Sessions. Carried in the Affermative.
The Question being put if the Clark ofthe Councill should Indorce
*April2d, 1683.

PROVINCIAL COUNCIL. 17
the Consent of y" Councill on y" Laws Every Session. Carried in
the After : Nemine Contradicente.
Also if ye Speaker should Indorce y8 Consent of y8 whole house of
Assembly. Carried in y8Affir: N. Con.
The Gov" Adjourned y8 Assembly till such time as he & y8 Prov"
Councill shall have occasion for them.
Adjourned till y8 4th 2d Mo. 83.

At a Councill held at Philadelphia y8 4th of y8 2d Mo., 1683.
present:
Wm. PENN, Prop' & Gov" ofy8 Province of Pennsilvania and Coun
tyes Annexed.
Wm. Haige, Wm. Clayton, Jno. Symcock,
Tho. Holmes, Jno. Richardson, Wm. Clarke.
Chr : Taylor, Ja : Harrison,
This day Charles Pickering's -Business was tryed, and y8 Seamen
are ordered to have 6 month pay and 51b. given them over & above.
The Gov" Orders that these members of y8 Council attend him.

Tho : Holmes, ~) „  „
Chr: Taylor, '£ 3 year men.
Edmd Cantwell, } „
Edwd Southern, \ 2 year men"
Wm. Clayton, ? 1 men_
Jno. Richardson, $

Adjourned till y8 2d of y8 3 Mo., 83.

At a Councill held at Lewis, the 2d day of the 3d Mo., 1683.
present :
Wm. PENN, Prop" and Gov" of ye Province of Pennsilvania and
Countyes annexed.
Capt. Wm. Markham, ffr: Whitwell, Jno. Hilliard,
Wm. Clark, John Symcock, Edwd Southern.
The Gov' Informed the Councill that he hath made Choyce of
Nich: Mbore to be Secretary of y8 Prov" Councill, and Capt. Wm.
Markham & Jno. Symcock were Ordered to desire y8 said Nich -
Moore to appear before the said Prov" Councill; where he took
place as Secretary.
The Councill adjourned till y8 23d 3d Mo.
2*

18 MINUTES OF THE-- .
At a Councill held at Philadelphia y8 23d 3" Mo., 1683.
PRESENT :
Wm. PENN, Prop' and Gov" of y8 Province of Pennsilvania and
Countyes annexed. ,
Chri: Taylor, Ja: Harrison, Jno. Symcock,
Wm. Clark, Lasse Cock, Wm. Hague.
Ralph Withers,
It was Proposed to have an attested Coppy of ye Laws Printed-
After some debate y8 Gov" put y8 Question, & it was carried in y8
Neo-ative, they should not be printed.
It was then mov£d y' an attested Coppy under y8 Secretary s
hand, should be transmitted to y8 Presid1 & Clark of each respective
County, for y8 People to have y8 course to for their information,
& that y8 people may have coppys of y1 Coppy from y8 Presid'
or Clark, so as it be attested by two Justices as authentick. Aftei* a
short -debate ye Gov' putt y8 Question, all y' are of opinion that a
Coppy of y8 Laws under y8 Secretary's hand shall be Sent to y8
Presid' or Clark of each County Court, & Coppys of them taken
by ye people attested by two' Justices of y8 peace, say yee.
Past in the Affermative.
Ordered y' Coppys be sent & allowed to be taken from ye Secre
tary's Coppy, it being first approved by y8 Court & attested before two
Justices of y8 Peace under y8 County Seal.
The Gov' Orders this Councill to attend' him dureingthe Ld Balte-
more's Stay in these parts, „ Considering y^psent occasion.
Ralph Withers desires Leave to goe home. Leave is granted him
pvided he returne when y8 Lord Baltemore comes..
The disorder in publick houses being Complayned of, it was pro
posed by the Gov' all that are of opinion that two psons should be
assistants to two Justices of ye Peace, to see good Orders kept, say yee.
Past in y8 Affirmative.
All that are of opinion that Benja. Chambers and Henry Lewis be
the men, say yee.
Past in the Affirmative.
All that are of opinion y' there should be a Proclamation Issued
out to this effect, that no person should deal with any Servant for
goods or Money, Either for themselves or others, say yee.
Past in the Affirmative.
Adjourned till y,8 2.4"1 ofy8 ad Mo., .83.

At a Councill held at Philadelphia y8 24th ofthe 3d Month, 1683-
PRESENT ::
Wm. PENN, Prop" and Gov" of y8 Province of Pennsilvania and
Countyes annexed.
Wm. Clark, Jar Harrison, Chr: Taylor.
Jno. Symcock,
The Councill met according to adjournm' and Adjourned- till y8
6* of y« 40. Mo.

PROVINCIAL COUNCIL. J9
At a Councill held at Philadelphia y6 6'" ofy8 4,h Mo., 1683.
PRESENT :
Wm. PENN, Prop" and Gov' of y8 Province of Pennsilvania and
Counties annexed.
Ralph Withers, Wm. Clark, Tho: Holmes,
Chr: Taylor, Wm. Haigue, Lasse Cock.
A Debate was held Concerning Lett"8 Sent from East Jarsey to Eng
land, whereupon, Rob' Stacey was cald in, and he saith that if
this Councill would be pleased to make their Complaint, that y8 peo
ple of East Jarsey will make them all y8 Satisfaction that can possi
bly be given.
Whereupon, James Harrison, Chris. Taylor & Tho. Holmes, were
Deputed by Gov" Penn, to goe to East Jarsey and Comunicated to
y8 Gov" & Councill, their Certaine passages written to England, by
some of their Province, as Injurious to the Welfare and Prosperity
of this.
Adjourned till y8 8th day 4th Mo., 83.

At a Councill held at Philadelphia y8 8th ofy8 4" Mo., 1683.
PRESENT :
Wm. PENN, Prop' and Gov".
Tho : Holmes, Ralph Withers, Wm. Clarke.
Chr : Taylor,
Richard Noble's Petition was read : Ordered y' his Case be heard
& Tryed before this board y8 20" day of this instant, and y'he give-
Abr. Man his Exceptions 10 days before the Try all. Abr. Man-
being psent they both agreed to stand Tryall.
Adjourned till y8 9th of y'4* Mo., 83.

At a Councill Held at Philadelphia y8 9th of y8 4* Mo., 1683..
present:
Wm. PENN; Prop" and Gov".
Tho. Holmes, Ralph Withers, Lasse Cock.
Wm. Clark, Chr : Taylor,
The Case of Nicho: Bartlett being againe Considered, it was not'
thought fit that any Letter should be sent into Kent County.
Nicho. Bartlett's Petition was read at this Board. Ordered that fran-
Whitwell Should be sent unto, to come and answer to Nich. Bart-
let's Petition & Declaration, and y' a Coppy thereof be sent unto
fiim, and y' he appear before y8 Gov" & Prov" Councill y8 25 Instant.
Ordered that Summonses be Issuedout for Bartlet's Witnesses.

20 MINUTES OF THE
* '
The Gov" put y8 Question whether a Solemn Proclamation might not
be Convenient to goe a long with y8 Laws Concerning Ordinarys Keep
ing unseasonable Hours and selling of Rum.
Also, a Proclamation that Constables in this Citty should goe to*
publick houses to see good Ord* kept, and y' people should not stay
longer at an ordinary then such an hour.
Wm. Clark moveing in Councill for a Day Certaine for y8 hearing
of an apeal between Jno. Bellamy and Luke Wattson, It was Or
dered y' it should be heard y8 4th ofy8 5th month.
Wm. Clark desiring Leave to goe home, Liberty was granted him
till further Order, and then Adjourned till 3 of the Clock afternoone.
POST MERIDIEM. *
The Gov" and Councill being mett,
They Ordered that two Proclamations should be issued out, one
strictly to put y8 Laws in Execution, & y8 Other to suppress y8 Dis
orders in all Publick houses. Also, the Magistrates were sent for and
Charged in Order to the same.
Adjourned till ye 11th ofy8 4* Mo., 83.

At a Councill held at Philadelphia y8 IIth of y8 4"1 month, 1683.
PRESENT :
Wm. PENN, Prop' and Gov'-.
Chris: Taylor, Wm. Clark, Tho. Holmes,
Nich. Moore, Secre.
The members of y8 Councill being not returned which went to
West Jarsey, the Gov' was pleased to prolong y8 adjournm' till y8
20aofy84aMo., 83. 8 J '

At a Councill held at Philadelphia y* 20th 4'° Mo., 1683,
PRESENT :
Wm. PENN, Prop' and Gov'.
Chr : Taylor, Tho : Holmes, Ralph Withers,
Mm Cantwell, Jno. Symcock, Wm. Clayton.
Richard Noble, PI : on an apeal, Abra. Man, Def L
The Jugem' of y8 County Court against Richard Noble was
reade, w the reason ofy8 apeale, and soe they proceeded to Tryall,
But for as much as y8 apeal of Rich" Noble before this board, is
upon a Jugem' given by y8 County Court of Philadelphia, Coneern-
^ & T,1^ La?d,,m. K C°UTty 0f Bucks' and that r Law saith
1 hat all Causes shall be first Tryed where they arise, It is y8 Opinion
of tins board that y8 apeal Lyes not Legally nor regularly before
us, and therefore doe refer y8 Business to the proper County Court

PROVINCIAL COUNCIL. 21
and doe fine y" County Court of Philadelphia forty pounds for giv
ing ye said Judgment against 'Law,
Adjourned till y8 26th 4'" month, 83.

At a Councill held at Philadelphia y8 26th of ye 4'" Mo., 1683.
PRESENT :
Wm. PENN, Prop' and Gov".
Tho. Holmes, Wm. Clayton, John Symcock,
Lasse Cock.
Nich. Bartlet, Plan' upon an apeal, ffrancis Whitwell, Def, pro
ceeded to Tryall.
Tho : Grones being attested, declares that fran. Whitwell pretended
to doe Bartlet a Kindness in y8 apraism' of his goods, but afterwards
would not; but much to his disadvantage.
Peter Gronendick being attested, declare That Whitwell promised
not to takte away any of y8 goods of Nich. Bartlet's.
Tho. Williams Being attested, declares y8 same.
Several more things being alledged on both sides.
The Gov' & Councill Considering the hole matter betwixt the
Plan' & Def, doe think the appraism' is under Vallued, and therefore
do give it to be their Opinion that ye Plantif is wronged, And there
fore doe Order y8 Defend' to pay to y8 Plantiff within six Weeks time
three Cows and Calves, between four and seaven years old. Also
Ordered, That they pay the Wittnesses Charges 'between them.
Adjourned till y84ih 5th Mo., 83.

At a Councill held at Philadelphia y8 4,h of y8 5<" Mo., 1683.
PRESENT :
Wm. PENN, Prop' and Gov'.
Capt. Wm. Markham, Wm. Clark, Tho. Holmes,
James Harrison, Chr : Taylor, Jno. Roads.
John Symcock,
John Bellamy, Plan' upon an apeal ; Luke Wattson, Defen'-
The Coppy of y8 Order of Court for an .appeal was read, also ye
Judgm' of Court in Sussex County.
The Defend' answers by his Letters and Survey, w" Other Letters
& papers in pursuance of Capt. Cantwell's grannt.
The Plantiff Questions Cantwell's Authority, & Saith the Gov' of
York Tore the Deffend'8 Pattent, for its being for so much as three
thousand acres ; The Proposeth whether the Title of the Defendants
Prior in Date be sufficient ; if soe y8 Plaintiff is Void.

22 MINUTES OF THE
Offered by the Gov' and Councill to the Deff', that if they could
Produce any Pattent, or Certificate of "a Pattent, they should have
time glvenThem by this board; Which was refusedby the Defend' and
%ap^^^ DebateiDs of *" Whole raatte? 5T JnP°-
Bellamy, Plan', & Luke Watson, Deff', upon an apeal ¦£»&"«
Court, This Board Unanimously agree m Judgm' for the Plan w
forty Shillings Damages and Costs of Suite, for that tt doth not apear
that Capt. Henry Smith, under whom the Def Claime^ hath any
Claime in Law or Equity for any Land upon pnme hooke, and it is
hereby Ordered that y8 Plan' shall pay to the Defend' for his Im-
provem" he hath made what shall be adjudged the true vallue there
of by three Comiss™ of Valuation appointed by this board, to Witt :
Jno. Roads, Rob' Brassy and Alexandre Draper, of y^s Coun ty, or
any two of them. One halfe to be payd by y8 20* day of y8 next
ninth month, and y8 other halfe by the 20* day ofy8 ninth month, which
shall he in y8 year 1684, and that the Defend' have four months time
from y8 Date hereof to take away his Cropp and Stock, and other
Moveable Concernes.
Appointed that there be an Order sent downe to ye Cormss about
John Bellamy's & Luke Wattson's Business.
Adjourned till y8 18' 6"" Mo., 83.

At a Councill held affphiladelphia y8 1" of y8 6th Mo., 1683.
PRESENT :
WM. PENN, Prop' and Gov''-
Tho. Holmes, Wm. Clark, Nich. Moore, Secretary.
Lasse Cock, Chris : Taylor,
That 'tis thought fit the Care of Magistrates, that due provision be
made for the Sustenance of the People, and though our Provisions
are but small, yett that there may be Care taken Every One may
partake. Adjourned to y8 16th e"1 Mo., 83.

At a Councill held at Philadelphia y8 16th of the 6th month, 1683.
PRESENT :
Wm. PENN, Prop' and Gov'.
Capt. Wm. Markham, Tho. Holmes, Chr : Taylor,
Lasse Cock, Wm. Clayton, Nich. Moore, Secre.
A Complaint was read against Griffith Jones, it was left to y8
Court of Philadelphia to deside, he giving Security;
Griff. Jones & Chr : Taylor obligeth themselves in five hundred
pounds penalty, to apear y° next Sessions to he held in y8 sd County.
Adjourned till y8 22°' 6ft Mo., 1683.

PROVINCIAL COUNCIL. 23
At a Councill held at Philadelphia y8 22th of y8 6,h month, 1683.
present:
Wm. PENN, Prop' and Gov".
Capt. Wm. Markham, Wm. Clark, Nich. Moore, Secre,
Chris. Taylor, Tho. Holmes,
Ordered that a Proclamation should be Issued out for y8 Councill
and Assembly to Sitt y8 24 of the 8th Mo., 83.
Wm. Clark desired leave to goe home; Also to be Excused
from coming to the next Genall Assembly, he having had a Long
Journey into Maryland for the Publick Service. His request was
accordingly granted him.
Adjourned till 29th 6tn month, 83.

At a Council held at Philadelphia y8 29* of y8 6"1 month, 83.
PRESENT :
Wm. PENN, Prop' and Gov".
Jam. Harrison, Tho. Holmes, Chris. Taylor.
John Symcock, Wm. Clayton,
The Gov" put y8 Question whether a Proclamation were not Con
venient to be put forth for to Impower Masters to Chastise their Ser
vants, and to punish any y' shall Inveyle ariy Servant to goe from
his Master. They Unanimously agreed and Ord"1 it accordingly.
Adjourned to y8 7lh 7th Mo., 83.

\
At a Councill held at Philadelphia y8 7"> of ye 7,h Mo., 1683.
PRESENT :
Wm. PENN, Prop^ and Gov".
Edmond Cantwell, Edw11 Southern, John Roads,
Lasse Cock, Tho. Holmes, John Hilliard,
ffran. Whitwell, John Symcock, Wm, Biles,
Ja. Harrison, Wm. Clayton, Chris. Taylor.
The Petition of Hugh March and Other Persons against James
Kilner, M'- of the Levee of Leverpoole, was read, and y8 Councill pro
ceeded to Examine into y8 Business.
Hugh March Comp*8 Saith y8 M'- James Kilner Trode upon him oil
board the Ship, whereupon, he said Dam it, cannot the man see ! for
which y8 M'- beat him and made his mouth bleed.
James Kilner Confesses he being in a Storme, trode on him by
chance, and y8 Other Darning of him and calling him foole, Caused
him to Cuff him.
John Fox complaineth against James Kilner, and Saith he bid him

24 MINUTES OF THE
cleane the Deck, he answered it was cleane already, whereupon, ye
Master beat him.
James Kilner answered that one night he Spake to Jno. fox to
cleane ye Deck, who said he would riot, and also gave him y8 Lie,
whereupon, y8 M'- Struck him.
Edward Jones saith he drew some Water, and afterwards The
M'' seeing y8 hhd of water open, fell upon y8 sd Jones, and beat him
with a staff and made his nose bleed, and afterwards drew him by ye
hair of the head to the Mainmast, kickt him on the side, and run his
fingers up his nose.
James Kilner answereth yl he asked y8 said Jones why he lett y8
water run at wast,- who said he did not let it run at wast, and gave
him y8 like and other ill words, wherupon y8 M'- struck him.
Nich. Newtin declareth between both, that there was a Caske w'h
wanted a pegg, That was almost out, and y8 Master spake to Edwd
Jones to put a pegg into it, which he did, but still it runn out, where
upon the M'- struck him several Blows.
Adjourned till y8 8th 7"1 Mo. 83.

At a Councill held at Philadelphia y8 S^of-y8 7th Mo. 1683.
present:
Wm. PENN, Prop' and Gov'.
Chr : Taylor, Jno. Symcock, Jam. Harrison,
Tho: Holmes, Wm. Clayton, ffra. Whitwell,
Jno. Roads, Wm. Biles, Jno- Hilliard,
Lasse Cock, Edwd Southern, Ediri1 Cantwell.
The Gov" proposes a Law to be drawn, That Servants which run
away should serve five days for Every days absence after y8 time of
their Servitude, & pay the Costs and damages the Master shall Sus-
teine by their absence.
The Gov" Stateing y8 Question, it was Carried in y8Afflrmative N C
Capt. Edmd Cantwell, Wm. Biles, Jno. Symcock & Jno. Roads
appointed a Comittee to bring in a Bill concerting horses goeino-
out and comeing into this Province. b
Wm. Shute's Petition Concerning his Son, detained by Denis
Rocheford, was read ; he is referred to the County Court
The Comittee brought in these following Bills, Viz' : one Concern
ing Importation of horses ; and one for Exportation of horses • both
which were read. '
Phillip England made his Complaint against James Kilner, who de-
nyeth all alledged against him, only y8 Kicking of the maid, and that
was for Spilling a Chamber Pott upon y8 Deck ; otherways he was
very Kind to them. J
Georg eGreen Saith that Phillip England went to Said Kilner to the
overplus Water, also Beer, which was his own, and was denied it
Iho. Bnnket Saith that James Kilner said he must take care of

PROVINCIAL COUNCIL. 25
their Water, having but a Little Left, but never denyed them water at
any Time.
Also y8 Ship rouled sometimes when y8 Caske was almost out, and
soe made it Like pudle. He further saith y" Seamen drunk more of
y8 Passingers beer then they themselves, and chainged 5 Barrells of y8
Passingers heere and then the had not pformed halfe their Voige, and
the Ship beer being spent, drank wholy of the Passing" ; he also saith
y8 Seamen drunk some times one Cann, some times two a day, more
then y« Passingers that owed the drinke. The Master saith the Pas
singers Left the Ordering of the Drink to him, but they deny it. '
The Gov" gave the Master a Repremand and advised him to goe
w"1 the Passingers and make up the Buisness, w88 accordingly he did.
Adjourned till y8 10"1 7th Mo., 83.

At a Councill held at Philadelphia y8 10* ofthe 7* Mo., 1683.
PRESENT :
Wm. PENN, Prop' and Gov".
Tho. Holmes, Jno. Symcock, Edwd Southrin,
Chr: Taylor, Wm. Biles, Wm. Clayton,
Edmd Cantwell, ffra : Whitwell, Lasse Cock,'
James Harrison, Jno. Hilliard,
The Petition of Peter Groenendick, desireing a Speeiall Court, was
read. Francis Whitwell answerd that being there aught to be a
Court Every two months. Only he would not answer to a Speeiall
Court, there being no Jury to Try it. It is, the result of this board that
noe more Speeiall Court shall be granted.
A Bill was read Concerning Servants ; past a first reading without
Desent. Tho. Holmes, Edmd Cantwell, James Harrison, Chris. Taylor,
appointed a Comittee to draw Bills for Warrants, Bills, Bonds,
repleanens, Sumonses and attachmb to be brought in y8 afternoone.
A Bill Concerning Sumonsing of Jurys was read, & past a first
reading without desent.
A Bill Concerning Justices Sitting in their own Cause 'upon an
appeal, although a Prov" Councillor should Sitt in Prov" Councill
upon that apeal, read ; past the first reading without Desent.
A Bill Concerning bringing in of horses, past a second reading
without Desent.
A Bill Concerning Carrieing of horses out of this Province, past a
Second reading without Desent.
A Bill Concerning y8 Privileges of Prov" Councill men, Assembly
men, and Courts of Justice, past y8 first reading without Desent.
POST MERIDIEM.
The Bills above said, w* are six, were againe read a Second time
t& past without desent, 3

26 MINUTES OF THE
These Persons following, did Solemnly promise before this hon'8
board, faith and allegiance to y8 King, & fidelity and Lawful Obe
dience to Wm. Penn, Prop' & Governor.
Capt. Gabriell Rappe, M'- Andrew Learrin, Andrew Inbert, Petter
Meinardeau Uslee, Lees Cosard, Nich. Ribouleau, Jacob Raquier,
Louis Boumat.
Several Bills were brought by the Comittee Concerning Bonds,
bills, attachm'8' &c.
Which were read a first reading & past without Desent.
Adjourned till y8 11"" 7th Mo., 83.

At a Councill held at Philadelphia y8 Ua of y8 7" Mo., 1683.
PRESENT :
Wm. PENN, Prop' and Gov'.
Edmd Cantwell, Jno. Halliard, James Harrison,
Edwd Southrin, Wm. Clayton, Tho. Holmes,
ffran. Whitwell, Wm. Biles, Jno. Symcock,
John Roads, Chris. Taylor, Lasse Cock.
Severall Bills Concerning Sumonses, Bonds, Bills, attachm1'- &c,
Others Concerning Sherrifs and makeing up of accte, were read a se
cond time ; past without Desent.
Wheras, there is a Petition preferred against francis Whitwell by
Peter Gronendick, fran: Whitwell, Complayning against sd Peter
Gronendick, They doe Joyntly agree to have y8 Differance Tryed
before the Gov' and Councill the 26th 810 month next Ensuing.
A Bill, ordered to be drawn for Clark's fees to be recovered; also
an Other for sitting up of Bouyes in the River & Bay.
Adjourned till the 12th 7th Mo., 83.

At a Councill held at Philadelphia the 12°" of y8 Th Mo., 1683.
PRESENT :
Wm. PENN, Prop' and Gov"-
Chris. Taylor, fran. Whitwell, Wm. Biles,
Jam. Harrison, Jno. Hilliard, Edwd Southrin,
Tho. Holmes, Edmd Cantwell, John Road,
Jno. Symcock, Wm. Clayton, Lasse Cock.
All the Before mentioned Laws were read a third time,& past-w*
out Desent.
John Hill was attested to the Truth of these severall ace" and Bills,
w* are as followeth: Due to Wm. fframpton, Viz' :
Phillip Morris, 5611b. Tobaco. Dr. Contra Cr. L
Wm. Clark, 9541b. pork, 61281b. Tabac. 5 Cr. 3600 lb. Tabac.
I Diet & Storidg.

Cr.

Cr.

Cr.

Cr.

Cr.
L.
Cr.
L.
PROVINCIAL COUNCIL. 27
Wm. Emitt, Dr. 686 lb. Tobaco. ? Cr. L.
Indian Cor 26 Bus". 2£d 5 '
Sam" Grey, Dr. 573 lb. pork, 393 lb. Tobac. & 21b. 4s. 11 mony, Gr.
557 lb. pork.
Wm. Keening, Dr. 30 lb. pork. Cr.
Wm. Carter, Dr. 2 lb. 16, 8, 11 in mony, 112 lb. pork, Cr. Wheat
1 lb. 10, 00. Pork 130.
Henry Strecher, 325 lb. pork, 340 lb. Tobaco. Cr.
Alexander Moleston, 115 lb. pork, 815 lb. Tobaco. Cr. pork, 130 lb.
Luke Watson, Dr. 708£ lb. pork, 1367 lb. f Cr. Tobaco 1113 lb.
Tobaco. < pork 329 lb.
Balance due 379£ lb. 2541b. 2. (.mony 3 lb. 00, 00.
Andrew Dewpree, Dr. to 171b. 3jp. Indian Corn. Cr.
Jno. Johnson, Dr. £ 0, 16, 6. Cr. 01b. 5She. 00.
Jno. Vines, Dr. to 663 lb. pork, 1893 lb. Tobaco. Cr. 500 lb. Tabac.
Henry Skidmore, Dr. 1243 lb. pork, 350 lb. Tabaco. Cr. 60 Tabac-
Jno. Oakey, Dr. 1, 1, 3|.
Joseph Low, Dr. 452 lb. Tobaco.
Roger Gom, Dr. 30 lb. Tabaco.
Rich. Patty, 2 Bar"8 Indian Corne,
Wm. Bradford, Dr. 28 lb. porke,
Geo. Young 3 Bush. 2 pecks Wheat.
Jno. Brinklow, Dr. by ball, of acct 6 Janv"7 1682-3, 138 lb. pork,
1200 lb. Tabaco.
Tho. Stretton, Dr. 140 lb. Tabaco. Cr. L.
Benony Bishop, Dr. 3682 lb. Tobaco. Cr. 2700 lb. to Ball. 982 lb.
¦ Tob.
Anth. Inloes, 490 lb. Tobaco. Cr. 361 lb. to Ball. 129 lb. Tob.
Jno. Betts, 459 lb. pork, 2906 lb. Tob. Cr. 2167 lb. Tob. To ball.
459 lb. pork, 839 lb. Tobaco.
Edwd Peck, 300 lb. pork, 1721 lb. Tob. Cr. 1650 lb. Tob. to ball.
300 lb. porke, 71 lb. Tobaco.
ffran. Whitwell, Dr. 3223i Tob. Cr. 2180 lb. due to ball. 1043 lb.
Tobac. >
Jno. Roads, Dr. 781 lb. Tob. Cr. 445 lb. Tob. due to ball. 334 lb. Tob.
Rob' Waker, Dr. 2408 lb. Tob. Cr. 2240 lb. Tab. due to ball.
168 lb. Tab.
Patrick Grady, Dr. 717 lb. Tab. Cr. 450 lb. Tab. due to ball. 267
Tabac.
Sam" Mott, 184 lb. Tob. Cr.
Jno. Veckers, 90 lb. Tob. Cr.
Geo. Calling, 60 lb. Tob. Cr.
Wm. Ellingsworth, 12191 Tob. Cr. 970 lb. Tob. due to ball. 249!
Tob.
Wm. Shore, Dr. 494 lb. Tobac. Cr. 345 lb. Tob. due to Ball. 149
lb. Tob.
Dan" Soanes, Dr. 1 058 lb. Tob. Cr. 840 lb. Tobac.
James Smyth, Dr. 240 lb. Tob. Cr.
Robert Bedwell, Dr. 240 lb. pork. Cr. 180 lb. pork, due to Ball.
60 lb. pork.
28 MINUTES OF THE
Tho. Williams, Dr. 1019 lb. pork, 4594 lb. Tob. ¦ Cr„ 2344 lb.
Tob. 500 lb. pork, Due to Ball. 519 lb. pork, 2250 lb. Tobac.
Lewis Johnson, Dr. 1756£lb. Toba. Cr. 1350 lb. Tabac, due to Ball.
406 lb.
Nath. Walker, Dr. 407 lb. Toba. Cr.
Wm. Trotter, Dr. 504 lb. Tobacco. Cr.
Henry Harman, Dr.. 748 lb. Tobacco. Cr. for Come recd, but know
not how much to allow.
Tho. Karnes, Dr. 2577 lb. Tob. Cr.
Tho. HiU, Dr. 650 lb. Tob. Cr. 400 lb. Tob. due to ball. 250 lb.
Toba.
Jno. Curtis, Dr. 8500 lb. pork, 2819 lb. Tob. Cr. 2040 lb. pork,
265 lb. Tob., 1 anker Butter, to pork Peter Baucomb plumblet
out of y8 boat, also 4 hhds. of Tob. ; I forgot y8 weight.
Robert Braceys, Dr. 16 lb. Tobaco. Cr.
Edw" Warmer, Dr. 0 15s. OOd. Cr.
Wm. Darvall, Dr. 589 lb. pork, 5114 lb. Tob. Cr. 3840 lb. Tobac
due to ballance 589 lb. pork, 1274 lb. Tobaco.
Cha: Pickering, Dr. 500 lb. Tobaco. Cr.
County of Kent, Dr. to Salt porke, which y8 Sheriff, Peter Bawcoumb,
took out of y8 boat, w8h he Suit* there was but 700 lb., but I can
not tell how much, for there was pork in y° boat to y8 Quan
tity of 2700 lb.
Tho. Hassald, Dr. 480 lb. Tob., Cr. 400 lb. due to ball 80 lb. Tob.
James With, Dr. 2 lb., 5s.ld., Cr.
Tho: Danis' bill for 530 foot plank.
Edwd Southrins' Bill for 904 lb. porke.
Eliz: Roads' bill for 100 lb. porke.
Jno; Depreys' bill for 935 lb. porke.
Bap' Newcombs' bill for 212 lb. porke.
Wm. ffutchers' bill for 5425 lb. porke, 1309 lb. Tobacco-
Jno. Streets' bill for 220 lb. pork.
Sarah Averys' bill for 3785 lb. pork.
Rob' Richards' bill for 70 lb. porke.
Jno. Burtons' bill for 4625 lb. porke, 600S lb. Tabacco.
Rob' Jn°ssons' bill for 300 lb. Tobaco..
Bryan Omelys' bill for 120 lb. Tobaco.
Geo: Martys' bill for 289 lb. Tobaco.
Tho : Grones' bill for 340 lb. Tobacco.
Jno. Newills* bill for 285 lb. Tobacco.
Wm. Dorringtons' Bill for 260 lbs. Tobacco.
Charles Morfeys' bill for 300 lb. Tobacco.
Jno. Cortneys' bill for 940 lb. Tobacco.
Jno. Betts, his bill for 4500 lb. Pork.
Rich. Willsons' bill for 385 lb. Tobacco.
Wm. Windsmores' bill for 535 lb. Tobacco.
John Hilliards' bill for 1900 lb. Tobacco.
Simon Irons' bill for 893 lb. Tobacco.
Al: Drapers' bill for 233 lb. Tobacco.
This word should be said.

PROVINCIAL COUNCIL.
Jno. Richardsons' bill for 3233 lb. Tobacco.
Edw" Warmers' bill for 4000 lb. Tobacco.
Adjourned till y° 24"' 8'h Mo., 83.

At a Councill held at Philadelphia y8 24th ofthe 8ln month, 1683.
PRESENT :
Wm. PENN, Prop' and Gov'
Tho: Holmes, Wm. Clayton,
Lasse Cock, Chr: Taylor,
Wm. Biles, John Symcock.
The Gov1 Informed ye board, that it was Convenient Warrant should
be sent from this board to aprehend some persons upon suspition of
putting away of bad money.
A Question put whether there be not some psons to vent such
money here.
Rob' Felton being attested, The Question was put to him wheth
er or no he recd any Silver of Charles Pickerin, to Quine for him ;
he answered yes, 24 pounds of Bard Silver; he also made the Seales,
& Charles Pickering & Sam11 Buckley helped him to make the Bitts.
Quest: what did they add to the allay of y8 15 lb. 2es; about 4es of
Copper ; and what to ye 91b. 3 or 48s of Copper, being the allay; he
cannot be Exact how much the allay was, for they did sometimes put
in more then he knew of.
A Warrant was Issued forth from this board, to bring Charles
Pickering & Sam" Buckley before them. Tho: Clifford appointed
Messing1 for this Sessions.
Robert Felton also saith he had noe Silver brought to him, but by
the psons above named, and he Scroopling to do it, the Silver having
been already allayed, and if they did not put more Copper into it they
would Loose by it ; they said they would Bare him out in what lie
did for them.
The Goy' tefleth Ch: Pickering & Sam" Buckley of their abuse to
y8 Governm', in Quining of Spanish Bitts and Boston money, to the
Great Damage and abuse to y8 Subjects therof. The Gov' asked
them whether or no they are Guilty of y8 fact. They confess they
have put of some of those new bitts, but they say that all their money
was as good Silver as any Spanish money, and also deny that they
had any hand in this matter. Charles Pickering saith he will Stand
by it and be Tryed ; he declareth that he heard Jno. Rush Swere that
he Spent halfe his time in making of Bitts.
The Gov' asketh Sam" Buckley whether he did not help to melt
money, or to put in y8 Copper allay into y8 Silver more then Should
be,.and to have been at y8 Stamping of new Bitts, and Strikeing on the
Stamp. He Confesseth he hath been guilty of somewhat of that; also, was
3*

30 MINUTES OF THE
there not to y8 knowledge any. brass or Copper put into the Silver that
was melted 1 he Sayeth yes.
Also, whether or no thou didst not help Charl. Pickering's man to
melt, and also to stricke the hamer and See y8 Seals, and disperse some
ofthe Bitts, more or Less? he Sayeth yes.
Was there not more allay put into the Silver then Ordinary, and
y8 Person tould that Stamp it, that There was too much ? he say
eth yes.
John Rush being sent for & Examined, Positively denyeth what
Char. Pickering affermd.
The Gov" Demands of Charl. Pickering and Sam" Buckley to .give
Security, w88 accordingly was done.
Tho. Phillips & Sam" Buckley, Enter into a Recognizance of five
hundred pounds for Sam" Buckley's appearance before this board when
demanded, and not to goe out of towne without Leave.
Richd Wall and Char. Pickering binde themselves and Enter into
a Recognizance of five hundred pounds for Char. Pickering's appear
ance before this board, and not to goe out of towne without Leave.
Ordered y' y* Sherriff take Rob' ffelton into Custody, & him safe to
keep untill further order. POST MERIDIEM.
The Gov' moved that at y8 beginning and Ending ofthe Sitting of
the Assembly, the People of y8 Citty and Countrey may if they please,
come in and hear what shall be spoken unto them.
The Assembly being admitted, the Gov' opened the house, and
Caused to be delivered to the Speaker fifteene Laws Concerning seve
rall things for them to debate of.
A Petition of y8 County of Kent was Cognizable before this board,
and it is referred to a Comittee of some of this board and some of
the house of Assembly to that part of y8 Petition Relateing to pattents.
The Gov' telleth them that the fault of not having Pattents is not
y8 Gov' but their owne, for they ought always to attend the Gov' for
them, and that their Default is so far from giving them pretence not
to pay Quitrents, that with an Other Gov" it might Weaken their
Tittles or Pinch their pocketts, and that y8 Ord" of S' Edmond Andros
for three Years to Seat in Expired in '78, and that divers Orders were
sent to them to take out their Pattents, and further more there was an
Other Order that those that had not or should not settle in 6 months
should forfeit their Lands ; also thousands of acres in the Lower
Countys which y8 Gov' might have taken from them, being forfeited ;
therfore they ought to be Content.
A Warr1 was Issued Out from this Board to Benjam. Chambers,
High Sherriffs, to Sumons a Grand & Petty Jury for the Tryall of
Char. Pickering & Sam" Buckley.
Adjourned till the 25'° 8,b Mo. 83.

PROVINCIAL COUNCIL. 31
At a Councill held at Philadelphia the 25tt 8'° Mo., 1683.
PRESENT :
Wm. PENN, Prop' & Gov'.
Tho. Holmes, ' Wm. Biles, Jno. Symcock,
Lasse Cock, Wm. Clayton, Ja: Harrison,
Chr. Taylor.
Ordered, That an Indictm' be Drawne against Char. Pickering &
Sam" Buckley, Grounded upon Evidence taken before this board.
Two ofthe Assembly, Jno. Blumstone & Luke Watson, came to this
board to be Informed Concerning the Sherriffs, calling them to y8 Ser
vice of a Grand Jury, and they were tould it was about Corrupt
money, and that it was not by Compultion, but w"1 their Consent.
John Symcock Sent by y8 Gov' & Prov" Councill to y8 Assembly,
that Griffith Jones may have Liberty to come before this board to be
Examined in a Businesse of Moment.
Complaint being made to this board about New Bitts and New
England Shillings, It was resolved that there should be a Proclama
tion Issued out forthwith to cry them downe.
Griffith Jones Attested, saith that Charles. Pickering sent him
Eight pounds in New Bitts to pay New England men, but they would
not take it; therefore he went to Mary Bartholmew and changed
tburty Shillings to make up a sume which Otherways he could not
have done, and he promised to change it againe, and further Saith not.
John White made Attorney Generall to plead the Cause between
Our Prop8" & Gov", and Char ; Pickering & Sam" Buckley.
POST MERIDIEM.
Thorn. Holmes and James Harrison Sent to y8 house of Assembly,
to Lett them Understand, that if they were ready Wee are ready, and
stay for them.
Wherupon the Speaker wlh y8 Whole house, came to attend this
Board w'b a returne of y8 Bills w* were delivered to them by this
board ; Which Bills were read the Last reading and past, Nemine Con-
tradicente. A Grand Inquest were Impanneld and Attested, whose names are
as followed:
Tho : Lloyd, foreman. Jno. James, Jno. Parsons,
Enoch flower, Jno. Vanborson, Jno. Blunstone,
Rich. Wood, Robt. Hall, Tho: ffitchwater,.
Jno. Hardin, Valt. Hollingsworth, Wm. Guest,
Jno. Hill, Alex8" Draper, Jno. Curtis,
Edw" Louff, Jno. Louff, Robt. Lucas,
Ja : Boyden, Jno. Wale, Hen. Jones,
Nich. Walne, Sam" Darke, Caleb Pusy.
And then adjourned till f 26"' Ins*, 8lh Mo. 83-

32 MINUTES OF THE
At a Councill held at Philadelphia y8 26th 8* Mo. 1683.
PRESENT r
Wm. PENN, Prop8' & Gov".
Chr: Taylor, Jno. Richardson, Tho: Holmes,
ffra: Whitwell. Lasse Cock, Jo. Symcock,
Wm. Clayton, Wm. Biles, Ja : Harrison.
John Moll,
The Grand Jury being called Over, went forth to find the Bill
against Charles Pickering, and returned and found ye Bill as being a
Heynous and Grevious Crime.
The Petty Jury were Impanneld and Attested, whose names are
as followed: «
John Claypoole, foreman. Jno. Barnes, Walt" King,
Rob' Turner, Jos. ffisher, Benj : Whitehead,
Rob' Euer, Dennis Rochford, Tho: Rouse,
Andrew Brinkson, Wm. Howell, David Brintnell.
The Indictm' was read against y8 Prisoner at y8 Barr, to w8" he an
swered not Guilty, and would be tryed by his Country. The Attor
ney Gen'all then opened y8 Cause and called for his Witnesses as fol
lowed :
Caleb Pusey attested, Saith that Charles Pickering paid him 151b. in
New Bitts, w1* were produced in Court. ,
Griffith Jones Attested, Saith that he borrowed of the Prisoner
Eight pounds in New Bitts, as they are now called.
Mary. Bartholmew attested, saith that Griffith Jones came to her
and desired her to change him fourty Shillings ; shee said she would,
provided he would change them againe, and he sayd he would ;
wherupon he had it, wherof some of y8 pieces were produced in Court.
The foreman of the Jury desired that y8 Prisoner would tell him
who he had the money of that he payd to severall people, but he
sought to Evade it, saying the money that any pson rec'd of him
he would change it, and that noe man should Loose any thing by him.
The Gov" gave y8 Charge to ye Jury, and they went forth and re
turning againe, brought him in Guilty of y8 Bill of Indictem'.
A Bill sent to y8 Grand Jury against Sam" Buckley and Robt. Fen-
ton, which was found, and their Indictm' "read against them; they
both Confessed y8 fact, and the Petty Jury went forth and brought
them in Guilty of their Indictmto. Sam11 Buckley & Robt. ffenton,
both Declare that Pickering and they two made the Money to gather,
and Robt. ffenton saith that he Cut the Seals for Charles Pickering
and that he was at worke there with them about a Week or more, and
further saith, one pair was made before he absented himselfe, and one
paire afterwards, and y' the mint was not in this Province, which was
declared by both of y8 aforesaid Prisoners.
After Which, y8 Gov" Proceeded to give Sentance against y* Priso
ners, w88 is as followed.
Charles Pickering, The Court hath Sentenced thee for this high
misdemeanor whereof thou hast been found. Guilty by the Country,

PROVINCIAL COUNCIL. 33
that thou make full Satisfaction in good and Currant pay to Every
Person that shall within y8 Space of one month, bring in any of this
false, Base and Counterfitt Coyne, (w°° will to morrow by Proclama-
on be called in,) according to their respective proportions, and that
the money brought in, shall be melted into gross before returned to
thee, and that thou shalt pay a fine of fourty pounds into this Court,
towards ye Building of a Court house in this Towne, and Stand comit-
ted till payd, and afterwards fined Security for they good abearance.
Sam11 Buckley, the Court Considering thee to have been more En-
genious then he that went before thee*, hath thought fitt to fine thee,
and doe fine thee tenn pounds towards a Public Court house here,
and to finde good Security for thy good abearance. .
Robert ffenton, the Court haveing also Considered thy Ingenuity in
Confessing the TJruth of Matters, and that thou art a Servant, hath
only Sentenced thee to Sitt an hour, in the Stocks to morrow morning.
Adjourned till the 27th 8'" month, 83.

At a Councill held at Philadelphia y8 27th ofy8 8ln Mo., 1683.
PRESENT :
Wm. PENN, Prop™ and Gov".
Tho: Holmes, Wm. Clayton, Jam: Harrison,
Jno. Symcock, John Moll, Wm. Biles.
ffr: Whitwell, Chr: Taylor,
A Proclamation was this day Issued out to put downe Bitts a Coyne
so Called, w8*1 were Counterfitted by Char: Pickering, and also he
to make satisfaction to all manner of Persons wronged by y8 same.
A forme of a Proclamation begins thus:
By the Proprietary and Gov' of y8 Province of Pennsilvania, &
the Territories thereunto belonging, by and w'h the advice and Con
sent of y8 Prov" Councill of y8 same.
Ordered that there being a returne made to this board, by y8
Comiss" of appraisem' appoynted between Luke Watson and John
Bellamy, of Certaine Improvm18 made by Luke Watson, on a Planta
tion adjudged to John Bellamy at Prime hook, in y8 County of Sus
sex, in the Territories of this Province, in as much as y8 sd Jno. Bel
lamy hath not payd him nor Secured him the Vallue of y8 appraism'
and that he is at psent out of y8 Countrey, that he may Enjoy y8 sd
Plantation till payd, or sufficiently Secured.
It is Ordered by this board, that y8 said Luke Watson, doe Peacea
bly Enjoy the sayd Plantation till y8 said John Bellamy hath payd or
given sufficient Security to pay the same, or hath shown to this board
a good cause to the Contrary.'
Adjourned till y829Bl ofy8 8'" Mo., 83.

34 MINUTES OF THE
At a Councill held at Philadelphia y8 29" ofy8 8* month, 1683.

PRESENT :

Wm. PENN, Prop8' and Gov'.
Tho : Holmes, Jno. Symcock, ffra. Whitwell,
Chr: Taylor, Jno. Richardson, James Harrison,
Wm. Biles.
Charles Pickering Sent for by the Messinger.
A Petition offfra. Whitwell read.
A Warrant Issued out to make Search in y8 Shop and Lodging of
Isack y8 Smith, Humphrey Best and Jno. Rush, doe worke for mettles
Coyned or uncoyned, Stampt or unstampt, Iron or Steel only ex-
06 A* Petition of Rob' Marsh read, and Ordered that ffirancis Whitwell
release him or sue the Bond.
Adjourned till y8 SO"1 8th Mo,, 1683,

At a Councill held at Philadelphia y8 30th 8th Mo., 1683.
PRESENT :
Wm. PENN, Prop0' and Gov'-.
James Harrison, Jno. Richardson, Wm. Haigue.
Tho. Holmes, Wm. Biles,
John Richardson desired aWritt oflnquirey Concerning the Estate
of 'Mich. Simkin.
Adjourned till y8 7th of y8 9th Mo., 83.

At a Councill held at Philadelphia the 7ft of the 9th month, 1683.
PRESENT :
Wm, PENN, Prop01 and Gov'.
Chris. Taylor, ffran. Whitwell, Tho. Holmes,
Jno. Richardson.
A Petition of Peter Gronendicks read, and upon reading this board
grant him a rehearing of a Case of Difference between Cornelius
Varhoof, PI' and Peter Gronendick, Deff, before y8 Gov" and Prov"
Councill y8 28"1 Ins' 1683.
A Petition of Abra, Westron read : Ordered, that he be remetted his
fine, but that his Wife pay hers, it being 5 pounds.
A Petition of Richd Wells read: Ordered that he be referred to y"
Peace makers, and in Case of Refusall to y8 County Court, according
to Law.
Adjourned till y" 21"' of 9a Mo. 83.

PROVINCIAL COUNCIL. 35
At a Councill held at Philadelphia The 21,hof the 9,h Mo., 1683,
PRESENT :
Wm. PENN, Prop' and Gov".
Tho. Holmes, Wm. Haigue, Chris. Taylor,
Wm. Clayton.
The Petition of. ffr. Whitwell read, and upon Consideration of his
allegations of Mistakes in Peter Gronendicks acco'5-
Ordered that unless they referr it to two Persons Indifferently Cho
sen, this board doth grant a rehearing, ffr. Whitwell paying the Charge
thereof. Evan DaVisTi)ef 5 by an aPeal from Kent County c°urt.
The Plan' Declaration was read and they pceeded to Tryall.
ThejPlantif declared that if The def would Swear to his acco%that
he would allow of them.
That upon y8 hearding of a Case of Differance depending between
John Stephens, Plan', & Evan Davis, Def, from a Judgm' given upon
an apeal from Kent County Court against y8 Plant.
This Board doth finde that the said Evan Davis, Stands Indebted
to y8 sd Jno. Stephens y8 Just Sume of One Thousand & seaventy
pounds of good and Marchantahle Tobacco, over and above y8 As-
signem' of Stiles, his Bill of Eighteene hundred & Odd pounds of To
bacco to y8 Said Stephens, and the Obligation he is under to finish the
Tobacco house of y8 sd Stephens.
A Ship called the Mary of Southampton, Anto Pryers M% was by
this Board called in question for being an Unfree Ship, and upon Con
sideration had by this Board, and Jno. Test, Prosecutor, desireing
Judgm'. It is y8 Judgm' of this board that there being noe Certificate that
shee is a free Ship, therfore this board Condems her as being an
unfree ship and forfeited.
The Condemnation is as followed:
Information haveing been made to y8 Gov" & Prov" Councill, that
a Certaine Ship called the Marry of Southampton, lately arrived wlh
Passingers from Southampton in England, and now Rideing before the
Towne of Philadelphia, in the Province of Pennsilvania, is a Scot
tish Bottom and noe ways made ffree to trade to any of his Majesty's
Plantations in America, and so under y8 forfeiture Expressed in the
Laws of Navigation; upon a full hearing ofthe Business in Councill,
and by the Ingenious acknowledgem' of the Master and some of y8
Owners, and Especially by the Goulden Breif that was produced by one
of them, is found to be the Alexander of Inverness, of y8 Kingdome
of Scottland, And therfore the Gov" and Prov" Councill have and doe
adjudg and Condemne the said Ship as forfeited, according to Law
in such Cases provided for.
Adjourned till y8 2601 10,h Mo., 83.

s6 MINUTES OF THE
At a Councill held at Philadelphia, y8 26aof y8 10* month, 1683.
PRESENT !
Wm. PENN, Prop0' & Gov".
Tho. Holmes, Wm. Haigue, Lasse Cock. ,
Wm. Clayton,
The Gov" and Prov" Councill having taken into their Serious Con-
sideration the great Necessity there is of a Scool Master for ^In
struction & Sober'Education of Youth m the towne of Philadelphia,
Sent for Enock flower, an Inhabitant of the said Towne, who for
twenty Year past hath been Exercised in that care and Imploym' m
Eno-land, to whom haveing Comunicated their Minds, he Embraced it
upon these following Termes : to Learne to read English 48 by the1
Quarter, to Learne to read and write 6s by y8 Quarter, to learne to read,
Write and Cast acco' 8s by y8 Quarter; for Boarding a Scholler, that is
to say, dyet, Washing, Lodging, & Scooling, Tenn pounds for one
whole year.
Antho: Pryer's Petition read ; referred to y8 Law.
Adjourned till y8 27th 10lh Mo., 83.

At a Councill held at Philadelphia The 27°' of the 10* month, 1683.
PRESENT :
Wm. PENN, Prop8" and Gov".
Tho: Holmes, Wm. Haigue, Lasse Cox.
Wm. Clayton,
This day Thomas Lloyd was sent for before this board, and y8
Gov' was pleased to put him in Master of y8 Rolls, who doth Solemn
ly promise to officiate therein w"1 care and Diligence.
It being taken into the Serious Consideration of this board, the
Great grevance of Tradesmen's Exaction, they have thought fitt to
Issue out an Ordinnance whereby to regulate the same.
The Sherriff having brought in the Grevance of y8 People Concern
ing the New betts put out by Charles Pickerin, which he is to Sa-
tisfie for According to y8 Judgm' given against him in that matter;
he being asked about it, saith that he will give in Money and plate to
Satisfie them.
The Petition of John Helliar read. Ordred that The Law shall
have its Course.
Ordered That y8 Sherriff goe to Char: Pickering and receive as
much good money, or Vallue thereof, as he hath reced of the People
in bad money, and pay y8same respectively to y8 People as he reced
the other from them.'
And Adjourned till ye 16ft ll"1 Mo.., 83.

PROVINCIAL COUNCIL. 37
At a Councill held at Philadelphia y8 16'" of ye ll"1 month, 1683.
i tisesent :
Wm. PENN, Prop0" and Gov".
Chris. Taylor, Lasse Cock, James Harrison,
Wm. Biles, Tho. Holmes, Wm. Clayton,
Jno. Symcock.
The Proposalls of Anto. Weston w"' y8 rest of y8 Persons names
thereunto Subscribed were read ; And the Gov" proposes wd' way to
punish him, and they thought the best way was to have him Whypt.
Paul Saunders and Tho. Stephens say that Anto. Weston touldthem
that Jno. Songhurst, Jno. Parsons, Tho. Ducket and Others, would
stand to his paper.
Antho. Weston being Examined, saith that they mett at Tho. Hoot-
ons, and there chose him to draw up Proposalls to the Gov" & Prov"
Councill, wch Proposalls were mended by Tho. Winn, who was re
proved for doeing of the same.
The Gov" proposeth what to doe w"1 Anto. Weston : as many as
would have him whypt, say yee. Past in the Affirmative.
John Stone and Tho. Dare his Servant, En' into a recognizance of
fifty pounds a peice for their good behaviour duering the Terme of his
Serv"8 Servitude.
Henry Comely & Geo. Sheave his Servant, Entered into a recog
nizance of fifty pounds a peice for their good behavior duering y8
terme of his Serv18 Servitude.
Wm. Clayton and Tho. Stephens his Serv', Enter into a Recogni
zance of fifty pounds a peice for their good behavior to the Governm'
duering y8 said Serv"5 Servitude.
The Gov" and J'rov1^ Councill have thought fit that for the great
presumption and Contempt of this Governm) and authority, that Anto.
Weston be Whypt at y8 Market place on Market daye three times,
Each time to have Tenn Lashes, at 12 of the Clock at no'one, this
being y8 first day.
A single recognizance of fifty pounds the freemen that Subscribed
to Antho. Weston's proposalls, are to give for their good behavior to
y8 Governm' till such time as y8 Genall Assembly shall next sett.
Ordered That Wm. Clayton build a Cage against the next. Coun
cill day, 7 foot high, 7 foot Long, & 5 foot broad,
Adjourned till y8 17'° ll"1 Mo., 1683.

At a Councill held at Philadelphia y8 17th of y^l01 month, 1683.
PRESENT :
Wm. PENN Prop0" and Gov".
James Harrison, Lasse Cock, Wm. Clayton,
John Symcock, Wm. Biles,. Tho: Holmes.
Chris : Taylor, 4

38 MINUTES OF THE
John Songhurst, and all his Serv", Enter into a recognizance of
fifty pounds apeice, for their good behaviour to y8 Governm duering
v8 terme of his Serv*8 Servitude.
Andrew Griscome and Mathias Jewell, Enter into a recognizance
of fifty pounds apeice, for their good behavior duering y8 terme of his
Serv" , Servitude.
The Petition of Peter Cock read.
The Question was put, whether the Law of Custome doth Last but
for a year, as well as Taxes, or not.
Proposed by the Gov' whether or no y8 People in England should
not pay towards, Public Charges or not, as well as those in the Pro
vince ; past in the Affirmative.
All that are of Opinion That a Levie should be Laid on y8 Lott in
the Citty of those psent and those absent, Say Yea ; Past in y8 Affir-
matrve" /• t • ™ U
A Law proposed to Encourage makeing of Lmnen Cloth-
A Law proposed for two Sorts of Cloaths only, for Winter and
Summer Wear.
A Law proposed for Young Men's Marrieing at such an age.
A Law proposed for Makeing of Severall sorts of Books, for the use
of Persons in this Province.
' Proposed that care be Taken about the Learning and Instruction of
Youth, to Witt: a Scool of Arts and Siences.
Adjourned till y8 7'° 12°" month, 1683.

Att a Councill held at Philadelphia ye 7"- 12* Mo., 1683.
PRESENT :
Wm. PENN, Prop" & Gov".
Lasse Cock, Jno. Symcock, Tho. Holmes.
Wm. Clayton,
Margaret Mattson and Yeshro Hendrickson, Examined and about
to be proved Witches ; whereupon, this board Ordered that Neels
Matson should Enter into a Recognizance of fifty pounds for his
Wiff 's apearance before this board the 27"' Instant, Hendrick Jacob-
son doth the same for his W ife.
Adjourned till the 20th 12'n Mo., 83.

At a Councill held at Philadelphia y8 20'" 12* month, 1685.
PRESENT :
Wm. PENN, Prop" and Gov".
Tho: Holmes, Wm. Clayton, Lasse Cock.
Wm. Haigue,

PROVINCIAL COUNCIL. 39
Wm. fframpton being Sent for before this board, his Petition was
read, and it was Ordered that James Claypoole, Rob' Turner, Jno.
Greene, Jno. Jones and Wm. fframpton, or any two of them, to have
the Keys and to take into Possession the Estate in the hands of Jno.
Vanburson, and to Inspect his accoa in psuance of the same, and to
make a returne distinktly of the said goods and accs to this board.
The Gov" & Prov" Councill have thought fitt, from the Exteriordj-
nary in the Case, to place Patrick Robinson as administrator toBenj.
Acrods Estate, and to have a recourse to this board from time to
time. Wheras, the Verdict of the Coroner's Jury was, that Benj. Acrod
killed himselfe w* drinke, wch might give the Province a pretence
to his Estate therin. The Prop0" & Gov' Relinqueshed all his Claime
thereunto in Councill, and desired y8 Councell to take Care that some
person be appoynted to take Care of y8 Estate of y8 sd Acrod, for y8
paym' of his debts, and the remainder to be disposed of according to
Law, &c.
Adjourned till the 21"' 12"1 Mo., 83.

At a Councill held at Philadelphia y8 21" ofy8 12'" Mo., 1683.
present:
Wm. PENN, Prop0" and Gov".
Tho: Holmes, Wm. Clayton, Lasse Cock.
Wm. Haigue, Chr: Taylor,
James Claypoole, Jno. Joanes and Wm. fframpton, made their re
turne to tins board Concerning the Estate of John Vand Borsons;
Wherupon, James Claypoole & Wm. fframpton were appointed to
Inspect and make up the ace18 of Jno. Vanborson, and to give an acco'
of it to this board when they have made up the Cr. & Dr.
Wm. fframpton makes a report of the referance of the Councell
Concerning the Estate of Jno. Vanborson, Lately deseased.
The Prov" Councell Ordered Wm. fframpton & Sam" Carpenter
of this Towne, March6, to administer on y8 behalfe of y8 Creditors
and Heirs of Jno. Vanborson, and to make report of what they doe
therein to this board.
Adjourned till y8 27'" 1210 Mo., 83.

At a Councill held at Philadelphia y8 27 ofthe 12th month, 1683.
present:
Wm. PENN, Prop8" and Gov".
James Harrison, Wm., Haigue, Wm. Clayton,
Wm. Biles. Chris. Taylor„ Tho: Holmes..
Lasse Cock,

4® MINUTES OF, THE
The Grand Jury being attested, The Gov' gave them their Charge,
and the Attorney Genall attended them w* the presentm'; their names
are as followed:
Rob' Euer, foreman. Rich. Orne, ThorMosse,
Sam" Carpenter, Jno. Day, Tho: Ducket,
Andrew Griscom, Jno. ffisher, Doob Lam,
Benj. Whitehead, Jno. Barnes, Tho : Phillyps,
Jno. Barnes,* Gunner Rambo, 1 ho : Mi lard,
Sam" Allen, Enock flower, Jno. Yattman,
Jno. Parsons, Henr : Drystreet, Barnaby Wilcox.
POST MERIDIEM.
The Grand Jury made their returne, and found the Bill.
Ordered that those that were absent of the Petty Jury should be
fined 40s each man.
Margarit Matson's Indictm' was read, and she pleads not Guilty,
and will be tryed by the Countrey.
Lasse Cock attested Interpriter between the Prop8" and the Prison
er at the Barr.
The Petty Jury Impanneld; their names are as followed:
Jno. Hasting, foreman. Albertus Hendrickson, Rob' Piles,
Rob' Wade, Nath. Evans, Edwd Carter,
Wm. Hewes, Jer. Collet, Jno. Kinsman,
Jno. Gibbons, Walter Martin, Edwd Bezac.
Henry Drystreet attested, Saith he was tould 20 years agoe, that
the prisoner at the Barr was a Witch, & that severall Cows were be-
-witchtby her; also, that James Saunderling's mother tould him that
she bewitcht her cow, but afterwards said it was a mistake, and that
her Cow should doe well againe, for it was not her Cow but an Other
Person's that should dye.
Charles Ashcom attested, saith that Anthony's Wife being asked
why she sould her Cattle; was because her mother had Bewitcht them,
having taken the Witchcraft of of Hendrick's Cattle, and put it on
their Oxon ; She myght Keep but noe Other Cattle, and: also that one
night the Daughter of y8 Prisoner called him up hastely, and when
he came she sayd there was a great Light but Just before, and an
Old woman with a Knife in her hand at ye Bedd's feet, and therefore
shee cryed out and desired Jno. Symcock to take away his Calves, or
Else she would sertd them to Hell.
James Claypoole attested Interpritor betwixt the Prop8" and the Pris
oner. Theaffidavid of Jno. Vanculin read, Charles Ashcom beinga Wit
ness to it.
Annakey Coolin attested, saith her husband tooke the Heart of a
Calfe that Dyed, as they thought, by Witchcraft, and Boyled it, wher-
upon the Prisoner at y8 Barr came in and asked them what they were
doinc ; they said boyling of flesh ; she said they had better they had
Boyled the Bones, with severall other unseemly Expressions.
Magaret Mattson saith that she Vallues not Drystreet's Evidence ;
but if Sanderlin's mother had come, she would have answered her ;

PROVINCIAL COUNCIL. 41
also denyeth Charles Ashcom's Attestation at her Soul, and Saith
where is my Daughter ; let her come and say so.
Annakey Cooling's attestation concerning the Gees, she denyeth,
saying she was never out of her Conoo, and also that she never said
any such things Concerning the Calve's heart.
Jno. Cock attested, sayth he Knows nothing of the matter.
Tho: Balding's attestation was read, and Tho :. Bracy attested,
saith it is a True Coppy.
The Prisoner denyeth all things,,and saith- that y8 Wittnesses speake
only by hear say.
After w8" y8 Gov" gave the Jury their Charge concerning, y8 Pris
oner at y8 Barr.
The Jury went forth, and upon their Returne Brought her in
Guilty of haveing the Comon fame, of a Witch, but not Guilty in man
ner and forme as Shee Stands Indicted.
Neels Mattson and Antho. Neelson Enters into a Recognizance of
fifty pounds apeice, for the good behavior of Margaret Matson for six
months. Jacob Hendrickson Enters into the Recognizance of fifty pounds
for the good behavior of Getro Hendrickson for six months.
Adjourned till y820'h day ofy8 first Mo., 1684.

At a Councill held at Philadelphia The SO"1 day of the Is' month,
1684. PRESENTS
Wm. PENN, Prop0" and Gov'.
Jam. Harrison, John Cann, Wm. Welch,.
Thomas Janney, Tho. Holmes, Tho. Lloyd,
Chris.. Taylor. Jno. Symcock, Wm. Clayton,
Wm. Wood.
Tho. Lloyd, Wm. Clayton, Tho. Janney, Wm. Welch, Jno.
Cann and Wm. Wood, attested to Keep- Secret the Debates in Coun
cil, &c.
Complaint being made to this board of a Notorious Robery comit-
ted on the goods of' hannah Saulter, this board was pleased to Issue
out a Proclamation for apprehending & Secureing of Such Persons if
found in this Province or .Territories, or Elsewhere.
Ordered that y8 first thing to be done to-morrow be the Running
over the Old Laws.
Adjourned till f 21st 1" Mo.. 84.

4*

42 MINUTES OF THE
At a Councill held at Philadelphia the 21' -Of y8 1* Mo, 1684.
present :
Wm. PENN, Prop0" and Gov'. .
Wm. Welch, Tho. Holmes, James Harrison,
Tho Llbvd, Jno. Symcock, Chr. Taylor,
ThoTaSy, Johndann, Wm. Clayton,
Wm. Wood.
A Debate was held Concerning y8 Genall Assembly Sitting at the
Towne of New Castle : at Last the Result was that they should Sitt
there. Ordered that two Letters be sent to Kent & Sussex Countyes, Con
cerning the meeting of y8 Genall Assembly, to be held at New-Castie
ontheD10ft3dMo.,84. Wm. Clayton desireing Leave to goe to up|and-& returne on second
day, it was granted him.
Adjourned till y? 24* Is" Mo. 84.

At a Councill held at Philadelphia y8 24th of y8 1st Mo. 1684.. .
PRESENT :
Wm. PENN, Prop8' and Gov".
Wm. Clark, Wm. Clayton, . Luke Watson,
Tho. Janney, John Cann, Jno. Symcock,
Tho. Lloyd, Wm. Welch, Chr. Taylor,
Tho : Holmes, Ja; Harrison, Wm. Wood.
They proceeded to have y8 Old Laws read Over, and to make re-
markes on them.
A Comittee was appointed to Inspect the Margenall notes upon the
Old Laws, Viz': Tho: Holmes, Wm. Welch, Tho: Lloyd; which Co
mittee will make their report to morrow morning.
The Laws Ordered to be drawn Out w* the reasons & Preamble,
And then they peeeded to make an Inspection into y8 bills made at
Upland. The Comittee brought in a Bill for Constituteing an Other Councill
for State's Matters.
Upon wc" there was a great debate, & at Last it fell.
• The Same Comittee Appointed to draw up all the Laws as amende
ed and agreed ; also to draw up these news Laws.
Adjourned till y8 26"' 1" Mo., 84. ,

PROVINCIAL COUNCIL. 48
At a Councill held at Philadelphia The 2601 day of y8 1" month,
1684. present :
Wm. PENN, Prop8' & Gov".
Wm. Clarke. Tho : Janney, Chr. ' Taylor,
Tho. Holmes, Luke Watson, Tho. Lloyd-'
Wm. Welch, Wm. Clayton, Jno. Cann,
Jno. Symcock, Ja: Harrison, Wm. Wood.
A Bill read Coneerning the Laws made at Upland, alias Chester,
to be. Continued w"1 y8 Preamble to y8 sd Laws.
A Bill read Concerning repealing or Varring any of the those Laws
made at Upland & Philadelphia.
A Debate was held when the Laws should be in force.
Resolved, till 20 days- after the riseing of y8 genall Assembly, by
Publishing them the first Court day after y8 Riseing ofy8 sd Assem.
bly, Except those that have not times Set them.
A Bill read Concerning fines & measures, Printing, Promulgateing
of the Laws, w8" arte repealed.
A Bill read where in Cases requires Strypes, and they r x not men.
tioned, that they shall not Exceed One and twenty Strypes.
A Bill was read, that it should he Left to y8 Gov" and Prov" Coun
cill to discourse w"1 y8 Indians concerning an agreem' w'h them about
letting them have Rum.
The Gov' put y8 Quest: All That are of Opinion that y8 foregoeing
Bills should pass, say Yee; Past in y8 Affirmative.
A Bill was read Concerning Strong & Small Beer, mixt or unmixt,
Bottled or not Bottled.
The Quest, being put, past in y8 Affirmative.
A Bill read Concerning registring of Freemen and Servh, being
put to y8 Quest; past in y8 Affirmative.
A Bill read against Bargains made when People are in Drinke :
y8 Question being put, past in y8 Affirmative.
A Bill read Concerning Marriage, wa amendmb & additions : put
to y8 Quest., was past in y8 Affirmative.
A Bill read Concerning Arests, Special! Courts, and arresting any
psons in any County where he shall be found: Quest : being put,
past in y8 Affirmative.
A Bill was read Concerning causes to be Tryed by y8 County
Sessions : Quest : being put, was past in Affirmative.
A Bill was read for Three appraisers,, to be chose by the County-
Court upon Severall occasions, and y8 Goods not to be sould under
seaven. dayes after appraism', and that th'ey shall- be publicly sould:
Quest : being put, past in y8 Affirmative.
A Bill read to Suppres Ordinary Keepers : Quest : put ; past in
Affirma. A Bill read" Impowring the Justices of Each County Court to set
y8 Wages of Workmen & Serv'8, w"* a Penaity : Quest: put ; past in
Affirma., ¦ -

44 MINUTES OF THE
A Bill read for hemp & flax, Linnen & Wool, on Cloth.. Linnen &
Woollen Cloth to have a price set upon it by y8 County Court, y8
hempt at 5d the pound, and y8 flax at 8d p- pound : Quest : put; past in
y8 Affirma. _
A Bill read for Every man That is three years Seated to Sow a
Bushell of Barley : Quest : put, Past in the Affirmative.
A Bill for a Prov" Court, Consisting of five Judges, to goe two
Cirquits Yearly. Quest : put ; past in the Affirmative.
A Bill read for y8 Conclusion ofy8 Laws. Quest put ; past in Af
firma. A Bill read that noe Person depart this Province if arrested, till
Bail be given. Quest: put; past in y8 Affirmative.
The Gov* desired to have y8 Councill always wfc him, w8" is nine.
The Gov" also desired that a Bill may be drawn up that this Towne
of Philadelphia might Chose One more Councellor, Bucks One, &
Chester One; Otherwise that y8 Councill must be Constant, Or
make a Bill to allow the Gov' to Chuse him a Councill upon all oc
casions, it being also a great Kindness to y° Countrey.
A Bill also to be drawn to Enlarge y8 Councill; that is,, to double
the number in the Town & County of Philadelphia, made soe as ac
cording to Letters Pattents.
Put to y8 Quest; past in y8 Affirmative.
Tho : Lloyd appoynted to Draw the Bill.
Adjourned! to y8 27th Is' Mo., 84.

At a Councill held at Philadelphia y8 27°" 1" Mo., 1684.,
present :
Wm. PENN, Prop8' and Gov".
Tho: Holmes, Chr::Taylour, Jno. Cann,
Wm. Clark, Luke Watson, Tho: Janney*
Jno. Symcock, Jam. Harrison, Wm. Wood,
Wm. Welch, Wm. Clayton, Tho: Lloyd.
Wm. Welch proposed a Bill to be drawn to defray the Gov" Table.
Put to y8 Question: All that are of Opinion that y8 Charges of y"
Governm' shall be defrayed by y8 People of y8' Governm' say yee.
Past in the Affirmative. ADJOURNED INTO A COMITTEE.
Tho. Lloyd, Chairman.,
Proposed whether the Law wob was made for y8 jraising.cjf a. Tax
should be_ Continued, or the Method of it for- Import pr Export.
Put to the Vote, & past in the Affirmative.
And whether y8/ Cu^toians sbftll be a.pa^t pjf y'Mpney .raised to
wards the Suporting y° Governm-'.
Past in y° Affirmative.
Ordered That a Pole Proportionably Layd, be debated y8 first
thing to morrow, for defraying the rest of y8 Charges ofy8 Governm'.
Adjourned till y8 28tD V Mo,„ 84.,

PROVINCIAL COUNCIL. 45
At a Councill held at Philadelphia y" 28th 1st Mo., 1684.
PRESENT :
Wm. PENN, Prop" and Gov".
Wm. Welch, Tho :, Holmes. James Harrison,
Luke Watson, Wm. Clark, John Symcock,
Wm. Clayton, Chr: Taylor, Wm. Wood,
Jno. Cann, Tho. Lloyd, Tho: Janney.
Wm. Welch Ordered to bring a .Bill for the raising of a Tax for
the Support of y" Governm', and returne it to this board.
Tho: Lloyd makes a report to y8 Gov"8 Councill, that y8 Comittee
w8" he was of had finished that w°" they were about, and intend to
"bring in a Bill to morrow Morning; also, they have agreed that Tho.
Lloyd should draw up the remainder of y8 Bills and make a returne
thereof. A Bill was read Concerning Three Members to be Chose for y8
Councill, & Six for the Assembly, for y8 Citty of Philadelphia.
Question put ; past in y8 Affirmative.
Sam" Carpenter's Judgm' towards rayseing of a Tax upon Liquors,
Viz': upon Brandy 12d y8 Gall; Beer, Ale, Mum, Spanish Wine, 5d
p. Gall; Medera, Each Pipe 50s; french Wine 4L. p. Tunn, & Give
him this way 1000L. by way of Customs upon goods, is his best ad-,
vise. The Gov" put y8 Quest : all that are of Opinion that Customs shall
be put upon Liquors, and that all Rum, Brandy, Wines, & all sorts of
strong Liquors & Spirits under y8 same head, Imported, shalk-pay
12d. p Gall, say Yee. Past in Affirmative.
All that are of Opinion that all Strong beer & Cyder shall pay 2d
p. Gall, Imported, say yee. Past in Affirmative.
All that are of Opinion that for not due Entry, that y8 Law for 4h-
rogateing of y8 Law shall make all the Goods a forfeiture, say yee.
Past in the Affirmative.
Adjourned till y8 2901 1st Mo., 84.

At a Council held at Philadelphia y8 29"' of y8 1" Mo., 1684.
PRESENT :
Wm. PENN, Prop0' and Gov'.
Wm. Welch, Luke Watson, Wm. Clark.
Jno. Cann, Jno. Symcock, Tho. Lloyd,
Tho. Janney, Chr. Taylor, Ja. Harrison,
Tho : Holmes, Wm. Wood, ¦¦ Wm. Clayton,
A Bill was read Concerning Members to be Chosen for y8 Citty of
Philadelphia ; read a Second reading.
A Bill read that Councellors neglecting their duty, that Others may
be- Chose to serve in their roomew Read a first reading.

46 MINUTES OF THE
Ordered that y8 Bill of Customs be read on y8 second day next ;
referred to Wm. Welch to draw up..
Adjournedtill31'hr,Mo.,84.

At a Councill held at Philadelphia The 31th day of yM8' month,
1684. PRESENT :
Wm. PENN, Prop8" and Gov".
Wm. Welch, Jno. Cann, Jam: Harrison,
Wm. Clayton, Luke Watson, Tho. Janney,
Wm. Clark, Chr: Taylor, Tho. Holmes,
Tho. Lloyd.
Wm. Welch Brought in y8 Bill of Custom ; which was read a
first reading.
Ordered a Second reading this night.
A Bill read Concerning Bargains made in Drinke.
Read a Second reading.
A Bill Concerning Steeling Cattle, good, or Rayment, Ordered to
, be drawn by Tho. Lloyd.
A Bill read Concerning Exportation of deer Skinns; read a Second
reading. Ordered that y° Last reading of the Bill of Customs be read to
morrow morning.
The Petition of Sam" Hersent was read, Concerning y8 finishing of
y° Prison.
He is referred to y8 Justices ofy8 County Court.
A Bill Concerning Steeling of Cattle read a first reading; past in
the Affirmative.
A Bill was drawn Concerning Our Governm' Joyning w1" West
Jarsey, for all Warrants to apprehend all Persons by Law punisha
ble. Ordered to be read to-morrow morning.
Tho. Lloyd & Wm. Welch Ordered to draw two Bills into One,
Concerning the Preservation of y8 Prop8" & Gov", & his houshold.
Adjourned till 1" 2d Mo.,, 84.

At a Councill held at Philadelphia y8 l" of y8 2d Mo., 84..
PRESENT :
Wm. PENN, Prop0" and Gov'.
Wm. Welch, Tho. Lloyd, Wm. Clayton, '
Tho: Holmes, Chr: Taylor, Wm. Wood,
Jno. Cann, Jam: Harrison,. Wm. Clarke,
Lu: Watson, Tho. Janney, Jno. Symeock, ,
Charles Pickerin being Sent for before this Board, 'Declares he
heard mostof y" People of y8 County of Kent's Passages, and read the

PROVINCIAL COUNCIL. 47
Answers which they gave toBaltemore People: Also, he Suspect most
of them are resolved to revalt, because Gov' Penn hath broken his
Promise, by not Entring and Clearing y8 Vessells at New Castle:
Also, if they doe it, Baltemore will Stand by them.
Jno. Richardson, Tho. Heather & Tho. Wilson, made a Complaim.
against this Governm', & made their address to y° Ld Baltemore, that
they were Taxt to much ; he Thinks francis Whitwell and Jno. Hil
liard are psuaded to the rest.
Jno. Richardson's Land was sued for in Maryland.
The Bill Concerning the Union between us and West Jarsey, to
have Liberty to psecute Offenders in ye sd West Jarsey, was read and
Left to a Treaty with Them.
A Bill to Prosecute Persons That put Water into Rum, &c, was
read, & past y8 first reading in y8 Affirmative.
A Bill read Concerning Persons Chose to serve in Prov1' Councill,
y' if they doe not serve in their Stations, or Persons of 111 fame, to be
fined forty Shillings a day.
Read a Last reading; past Nemine Contradicente.
The Preamble read, w'° The additionall Laws.
Three Bills read a Last reading and past Unanimously.
A Bill read Concerning y8 Price of all Beer ; past the Last reading
Unanimously. A Bill of Registrey read a Last reading and Past Unanimously.
A Bill about Drunken Bargains being made Voyd, past y8 Last
reading Unanimously.
A Bill about Steeling Liveing or dead goods past a Last reading
Unanimously. A Bill about Marriage past a Last reading Unanimously.
A Bill about arests, by proveing his debt and takeing him in any
County, and Concerning Members of Prov" Councill and Assembly
not to be arested before such time allowed them ; Past a Last read
ing Unanimously.
A Bill that all fines & Taxes to be Assessed by distress of goods ;
also, the Court to Set Workmen's Wages ; Past a Last reading
Unanimously. A Bill that flax, hempt, Linnen & Woolen Cloth, of y8 Produce of
this Countrey, to goe as Currant pay ; Past a Last reading Unani
mously. A Bill for sowing Barley past a Last Reading Unanimously.
A Bill that Every Court of Justice shall be a Court of Equity as
well as Law; also, a Prov" Court for Quarter Sessions ; past a Last
reading Unanimously.
Put to y8 Question : All that are of Opinion that there shall be a
Prov" Court, Consisting of five Judges, to Try all Criminalls & Titles
of Land, and to be a Court of Equity, to deside all Differences upon
appeals from the County Courts, say yee. Past in y8 Affirm: Ne
mine Contradicente.
A Bill to Establish Apraisers in Each County, Past a Last reading
Unanimously. A Bill about Ordinary Keepers &c, past a Last reading Unani
mously.

48 MINUTES OF THE
A Bill about Deer Skins not to be Exported till first put to Sale ;
Past a Last Reading Unanimously.
A Bill for y8 Continuance of y8 Laws ; past a last reading Unani
mously. A Bill of Customs read a Last reading ; past Unanimously.
A Bill for the Preservation of y* Gov" Person ; past a last reading
Unanimously. Ordered that the seeing to the Bills fairly to be transcribed and Ex
amined by the Originalls, be referred to Tho: Lloyd, Wm. Welch,
Tho: Holmes, and Wm. Clark. Thesame Comittee to draw up Or
ders for this board for preparing, proposmg & Resolving, against their
next Meeting.
Put to y8 Question : all that are of Opinion that ye Genall Assem
bly shall meet at New Castle for this time, say yee; past in the Affir
mative. Adjourned till y8 2d 2d Mo., 1684.

At a Councill held at Philadelphia The 2d ofy8 2d month, 1684.
present:
Wm. PENN,' Prop8' and Gov'.
Wm. Welch, Jno. Symcock, Tho. Janney,
Tho: Holmes, Wm. Wood, Wm. Clayton,
Jam. Harrison, Jno. Cann, Tho: Lloyd,
Wm. Clarke, Luke Watson, Chr: Taylor.
A Bill Concerning Lands, Corne, beef, Pork, Tabacco, Hides, &c.
to goe for Currant pay ; past Nemine Contradicente.
Ordered that there be an exact Ace' Kept ofthe members of Prov"
Councill, that yearly goe of and Yearly are Chosen to serve therein.
Ques' put: all that are of opinion that halfe of 'an Intestate's Estate
shall goe to y8 Wife, say yee.
Past in y8 Affirmative, that she shall have no more,
All that are for having Intestate's Estates devided Equally, provi
ded the Eldest Sonn shall have halfe of y8 reall and Personall Estate,
and y8 rest to be devided Equally amongst the rest of the Children,
say yee : past in Affirmative.
A. Bill to Limitt the Disposall of Estates read a Last, reading :
Past in the Affirmative.
Ordered that James Harrison, Wm. Welch, Jno. -Symcock and
Jno, Cann, goe to Kent County wft a boat and good attendance, to
know what the' reasons is that francis Whitwell, Jno. .Hilliard ,& Jno.
Richardson, doe-not Come up to Councill to give their .attendance.
A Commission Ordered to be drawn from this Board, under the
Gov™ hand and Seale, hehaveing- heard of some -Misdemeanors in Kent
County, to Impower Wm. Welch, &c.
You of this Board that are of Opinion that y8 Gov' shall draw up

PROVINCIAL COUNCIL. 49
a Comission in behalfe of himself and this board, and also draw
up Instructions in Order to the same, say yee : past Nemine Con
tradicente. Adjourned till y8 3d 2d Mo., 84.

At a Councill held at Philadelphia The 3d day of y82d Mo., 1684.
present :
Wm. PENN, Prop8' and Gov".
Tho: Holmes, John Cann, Wm. Wood,
Jam: Harrison, Wm. Welch, John Symcock,
Tho: Janney, Tho: Lloyd, Luke Watson.
Wm: Clayton, Chris: Taylor,
The Comission w'u Instructions for Wm. Welch, &c. was read by
the Gov" for them to Act after.
Wm. Clayton, Wm. Wood, Chr. Taylor, Tho. Holmes & Tho.
Lloyd, Ordered to Stay with & attend y8 Gov'.
All that are of Oppinion that y8 Gov" shall appoint some distinction
for the Oouncellors, say yea: past Nemine Contradicente.
It is Left to y8 Gov" in a Small Councill, to send Agents to York
Concerning y8 Publick affairs of this Province ; and also to acquaint
the Gov" of York of the abuse of the Ld Baltemore's Agents.
' Adjourned till y8 7'° 2d Mo., 84.

At a Councill held at Philadelphia y8 V ofy8 2d Mo.,' 1684.
PRESENT :
Wm. PENN, Prop0' and Gov".
Chr: Taylor, Jno. Hilliard, fran: Whitwell,
Jam. Harrison, Wm. Clark, Tho. Holmes,
Jno. Symcock, Wm. Clayton, v Tho. Lloyd,
Luke Watson.
The Gov" desired to know what is best to doe, they haveing heard
Wm. Welch & Abra.Mans' Letters.
Francis Whitwell Informes y8 Councill that ye Lord Baltemore's
Comiss" Murfey, was at W«i. Darvall's, Jno. Richardson's, Jno.
Brigg's, Tho. Heather's houses ; also, Jno. Hilliard Saith he heard the
same. Ordered that the Clarke take it under franc. Whitwell's & Jno.
Hilliard's hand, that the Gov' of New York Ordered them to Standto
the Duke's Intrest.
The Question was put whether any One should be sent to the Lord
Baltemore, to acquaint him of the Coll. Talbot's Unmill. Actions ;
also, of Marfey's, in the Lower Countyes : past in y8 affirm.
5

50 MINUTES OF THE
Resolved, that orders be sent to Wm. Welch for the Removall
of the forceable Entrey of the Ld Baltemore, and to Prosecute the
Persons Legally ; also, to have some things Coppied Out ofy8 Duke's
Laws, and sent him.
Ordered that some Persons goe to y8 Lower Countyes to Settle ye '
minds of y8 people.
Question was put: all that are of Opinion that they w8" goe downe
to Assist Wm. Welch, shall take a Coppy with them of Gov' Penn's
Answer to y8 Lord Baltemore's Demand, and that One or two more
goe along with them that Live there. Past Nemine Contrad.
Jno. Hilliard also declared he heard Wm. Darvall forbid the People
to pay Taxes to Gov' Penn,
Ordered, that noe One goe to the Lord Baltemore till such time as
y8 members of this County, with the memb" of y8 Lower Countyes,
have been to Inspect the Transactions of the Lord Baltemore There.
Adjourned till y8 8a 2d Mo,; 84.

At a Councill held at Philadelphia y8 8a ofy8 2d Mo., 1684.
PRESENT :
Wm. PENN, Prop" and Gov'.
Tho. Lloyd, Jam. Harrison, fran. Whitwell,
Wm. Clayton, Jno. Symcock, Jno. Hilliard,
Wm: Clark, Luke Watson, Wm. Woods.
Question was put by y8 Gov' whether Talbot should, as a Quiet
Traviller, pass the Contrey, or be Taken hold of for his Actions at
New Castle.
Ordered, that a Proclamation be Issued out to apprehend those who
made Violation into this Contrey, as y8 Gov' shall see ocasion.
Adjourned till y8 lO"1 3d Mo. 84,

At a Generall Assembly held at New Castle, for the Province of
Pennsilvania & Territories thereunto Belonging, The 10'" day of the
Third month, 1684. present :
Wm. PENN, Prop0" and Gov".
Tho. Lloyd, Tho. Holmes, Tho. Janney,
Jno. Symcock, Wm. Welch, Wm. Clayton,
Chris. Taylor, Ja: Harrison, Jno. Cann,
Wm. Southersby, Jno. Hilliard, Wm. Wood.
Adjourned to y8 Assembly for halfe an hour, and then returned
againe.

PROVINCIAL COUNCIL. 51
These Returnes were brought by y" respective Sherrifs this day,
Viz': Philadelphia, Chester, New Castle, Kent and Sussex.
The Gov" Informes the Councill that he had Called the Indians
together, and proposed to them to Let them have rum if they would
be Contented to be punished as y8 English were ; which they did agree
to, provided that y8 Law of not Selling them Rum be abolished. °
The Assembly attended this board & presented a Speaker, which
was Nicholas Moore, &
Adjourned till the Afternoone. post meridiem.
The Gov' Ordered the two Comiss"8 that went to York to give an
acco' ofy8 affair they went theither about, •w8" accordingly they did.
The Clark ofy8 Councill was sent with a Coppy of y8 Bills and a
Coppy of y8 Charter, to the Assembly.
Adjourned till y° 12th 3d Mo., 84.

At a Councill held at New-Castle y8 12"1 ofy8 3d Mo., 1684.
present :
Wm. PENN, Prop8" and Gov".
Wm. Welch, Edw" Southrin, Wm. Wood,
ffran : Whitwell, Tho: Lloyd, Jno. Symcock,
Luke Watson, Jno. Hilliard, Tho : Janney,
Wm. Southersby, Wm. Clayton, Tho. Holmes,
Christ. Taylor, - Edmd Cantwell, Jno. Cann,
Wm. Haigue, Jam: Harrison, Wm. Clark.
Wm. Welch desired that a Comittee may be appointed to meet any
of y8 Assembly men to Informe Concerning the Laws and to receive
proposalls from ye Assembly, in relation to the Bills already prepared.
A Committee was appointed, Viz': Tho. Lloyd. Wm. Welch, Jam :
Harrison, Jno. Cann, Tho : Holmes.
Ordered that a Bill be drawn to amend the Law Concerning Regis-
trey. Also, that a Proclamation be Issued Out to give a Longer time to
Record their Pattents.
Ordered that y8 Clark acquaint the, Assembly that a Comittee is
appointed by the Gov" & Councill, to receive any amendm18 or Altera
tions in the Publisht Bills, according to Charter.
Adjourned till y° Affternoone. post meridiem. '
The Petition of Evert Hendricks read. Ordered, that he be refer
red to y8 County Court of New Castle.
The Petition of Mathias Mathiason read ; he is referred to y8 Coun
ty Court of New Castle.
Alse Williams' Petition read. She is advised to make the Business
up between themselves ; Other ways to have it Tryed by the County
Court. . Adjourned till y8 13* 3d Mo., 84.

52 MINUTES OF THE
At a Councill held at New Castle The 13th day of The Third
Mo., 1684. present :
Wm. PENN, Prop0" and Gov".
Chr. Taylor, Wm. Southersby, John Symcock,
Tho. Lloyd, Wm. Clayton, Luke Watson,
Jno. Cann, Tho: Holmes, Wm. Wood,
Jam: Harrison, Tho: Janney, ffran. Whitwell,
Edmd Cantwell, Wm. Welch,
Andrew Johnson, P'-, ?
Hance Peterson, Def. $
There being a Difference depending between them, the Gov' &
Councill advised them to shake hands, and to forgive One another;
and Ordered that they should Enter in Bonds for fifty pounds apiece,
for their good abearance; wch accordingly they did. It was also Or
dered that the Records of Court Concerning that Business should be
burnt. Peter Bawcum makeing Complaint for his fees, Ordered That Phil:
Lemane Write a Letter to y8 Justices of the Peace of Kent County, ¦
to see that Peter Bawcum have his Just fees due to him.
Ordered that Tho. Lloyd, Chr: Taylor, Jno. Sjmcock, Luke Wat
son, Edmd Cantwell, fran. Whitwell attend y8 Gov"; the Ensueing
month, from the Riseing of the Genall Assembly.
Ordered That Wm. Welch, Tho : Holmes, James Harrison, Wm.
Wood, Wm. Clark & Wm. Southersby, attend the Gov" the Second ,
month affier the Risping of y8 Genall Assembly.
Ordered That Tho: Janney, Jno. Cann, Wm. Haigue, Wm. Clay
ton, Edwd Southrin &, Jno. Hilliard, attend y8 Gov' y8 3d Month after
y8 rising of the Gnall Assembly.
Peter Bayvcum declareth that Wm. Darvall denyed him a Warr' to"
seize Murfey, the Lord Baltemore's Agent.
Adjourned till ye 14'° 3d Mo., 84.

At a Councill held at New Castle The 14,bof y8 3d month, 1684.'
" PRESENT :
Wm. PENN, Prop0' and Gov'.
Chris : Taylor, Jno. Cann, Tho : Lloyd,
fran. Whitwell, Tho: Janney, Wm. Wood,
Jno. Symcock, Wm. Welch, Wm. Southersby, '
Edmd Cantwell, , Wm. Clayton, Jam: Harrison,
Tho: Holmes, Luke Watson,
The Sense of y° Gov' is, that y8 Assembly ought to have their full
time of Eight day to peruse the Bills to be past into Laws Observed,
Quest : Whether the Sessions of y8 Genall Assembly may be de
termined within nine days, without Violation of Charter; also,wheth»r

PROVINCIAL COUNCIL. 53
the Gov" and Councill can dismiss the Gnall Assembly before the
Terme of Eight days, they haveing dispatcht the Buisness proposetl
to them by y8 Gov' & Councill provided they desire it ; past' in the
Affirmative. <"¦
Adjourned till Afternoone. post meridiem.
Wm. Clark Sent a Letter to y8 Gov" and Councill, which was at
tested by severall of y8 Councill & Assembly, of his Ilness; where
upon he was Excused.
"Question was put, whether y8 Memb1* absent should be fined five
Shilling a Day for not appearing now in Councill, and also at y8 Pre-
Tporing of y8 Bills, Say yee : Past in y8 Affirmative.
All that are of Opinion that they shall pay it without remission,
Except they can give a good reason to y8 Contrary, Say yee ; past in
the Affirmative.
Quest : put, whether the Sherriff Shall not be writ to for to Levie
the Goods & Chatles of y8 members Absent for y8 paying y8 five
Shillings a day for their Neglect, Say yee ; past in the Affirmative.
Adjourned till y8' 15th 3d Mo., 84.

At a Councill held at New Castle the 15"1 of the 3d month, 1684.
present:
Wx. PENN, Prop0' and Gov".
Wm. Welch, Wm. Southersby, Luke Watson,
Tho: Holmes; Tho: Janney, Chris: Taylor,
Tho: Lloyd, Jno. Cann, Jam: Harrison,
Edmd Cantwell, Wm. Wood, Wm. Clayton.
Jno. Symcock,
Two Members of y8 Assembly were sent to the Councill to know
if the Comittee of the Councill were ready to receive their proposalls :
they were answerd they had been ready Ever since Eight in y8 Morn
ing. Adjourned for two hours into a Comittee before appointed.
Agreed by the Assembly That a Coppy of their amendm' be left
w" y8 Clark of y8 Councill; also, they desire the Laws to Runn the
Gov"' & Prov" Councill.
The Comittee Informes the Assembly that the Gov" hath Power in
the Charter to Chuse Judges Dureing his Life.
Quest : by the Assembly, whether all Laws Constituted to hold
from a Certaine. Time can be without y8 Consent of the Assembly.
Quest: whether in ye Bill for y8 Preservation of y8 Gov™ Person,
Compass or Endeavour be not Sufficient, and Imagine, Intend or De
vise ; and likewise tp Continue these Words, Writeing, Printeing, or
5*

54 MINUTES OF THE
Acting, 6nly Speaking to be obmitted; and that two or more Wit
nesses should be to the Conviction of a Person to one and the same
Act ; The Word Otherwise to be left Out.
The Assembly agree to the Word Maintaining of the Goyer' Insteed
of Imposition ; also, to ad to y8 same bill, not being of the Naturall
groath of the Province, nor any part thereof nor is nor are Exported
from other Parts.
The Words Imported into any Parts to be raced Out, and that noe
One shall goe on board to Rumage the Shipps before the goods are de
livered on Shore.
The fifth Parragraph to runn after their amendm'8, y8 Word Proprie"
to be put out of y8 Bill of Excise, and Wm. Penn put in.
Breaking open doors to be raced Out, and by due course of Law
to be put in.
In the Seaventh Paragraph & 7'h Line thereof, to be them as in
their Amendm18; the 10 Line also to be Altered; the 9th Paragraph;
the 8 Line to be raced Out.
Adjourned till Afternoone. post meridiem.
Jos. Growdon and Jno. White came from the Assembly w" some
Proposalls for amendm'", Viz':
Quest. Put, whether the Bill to have five Prov" Judges Chose by
y8 Govern' & Prov" Councill to Stand as formerly it did, say yee:
past in y8 Affirmative. J J
Abram May and ffrancis ffincher Came from y8 Assembly, desire-
ing other Amendm*.
Quest, put, all that are for having the Word Excise insteed of Im
position, say yee; past in Affirmative.
All that are for haveing the Tax upon Rum and other Liquors to
goe by the name of Publick Aid, Say yee: past in Affirmative.
Ordered that four of y8 Members of this board acquaint the As-
sembly of their Breach of Priviledge, and that they send their
amendm in short, and reprove henry Stretcher for being dis Ordered
in Drink. °
Adjourned till y8 le"1 3d Mo., 1684.

At a Councill held at New Castle y8 16"1 of y8 3d Mo., 1684.
present :
Wm. PENN, Prop8' and Gov0'.
Wm Welch, J«°-Gann, Tho. Janney,
Ja Harrison, Wm. Wood, Tho- Holmei
25- cS^i S? • Wf' Se WatTn',
Th™ Lloyd ' Southersby, Jno. Symcock.

PROVINCIAL COUNCIL. 55
The Gov' Entred into a Conferrance w"1 y" Assembly, and they
accepted of Objections of the Gov' and Councill upon Amending their
proposalls. Adjourned till Affternoone. post meridiem.
francis Whitwell was sent for by the Messinger of the Councill, to
appear and give reasons why he was absent two days : he sends word
he is not able to Come; Whereupon he is Excused.
Quest, put: all that are of Opinion that the Bill of Excise shall be
drawn, Say yee: Past in Affirmative.
All that are of Opinion that a Bill shall be drawn, w"1 y8 Proposalls
of Amendm18 put in, Say yee : Past in the Affirmative.
And that the Act to be Called publick Aid, by way of Defraying
the Publick Charge of y8 Governm', to be payd to the Collect' by a
Warrant from the Gov' and Councill, say yee: Past in the Affirma
tive. All that are of Opinion, that Wm. Welch should draw the Bill, say
yee, to be brought in to morrow morning: Past in the Affirmative.
The Speaker of the Assembly, w"1 Jos : Growdon and Jno. White,
Members thereof, attended this board w"1 y8 proposall of Amendm1*
more at Large, their Clarke having made a mistake before.
The Gov" Informed the Councill, that harman & Moll had Each
of them two or three Pattents from Baltemore.
. The Proposes to make an address from the Body of y8 Governm' to
the King & Duke, Concerning Allarms & Building forts, to the
Amazem' of the People.
And also his giving away the Souldiers' Lands, who Took the
Place. ffrancis fincher & Jos. Gowdon were Sent to be Informed Concern
ing repealing the Old Laws.
Adjourned till y8 17*° 3d Mo.. 84.

At a Councill held at New Castle y8 17th 3d Mo., 1684.
PRESENT :
Wm. PENN, Prop™ and Gov'.
Tho. Lloyd, Chr: Taylor, Wm. Wood,
Tho. Holmes, Jno. Cann, Jno. Symcock,
Edm4 Cantwell, Wm. Clayton, Luke Watson,
Tho. Janney, Ja: Harrison, Wm., Southersby.
John Songhurst and Jno. Hart declare they heard the Speaker say
that the Proposed Laws Were Cursed Laws. Jos. Growdon & ffran.
ffincher, also were present at Jno. White's when the Laws were read
Over, and he said hang it, Damn them all.
Ordered that Wm. Welch & Tho. Lloyd goe to the Assembly to

56 MINUTES OF THE
lett them know that they have been soe long un-Dispacht of the Buis
ness proposed, that the Gov" Takes it very ill. '
Edmd Bennet Sent from y8 Assembly to desire a Conference with
the Comittee of y8 Councill.
Wm. Welch Brought in the Bill of Publick Aid w"' Amendm18.
Adjourned till Afternoone. POST MERIDIEM.
The Gov' & Councill Adjourned to the Assembly.
The Assembly desire to know whether they have not Liberty to dis
allow of the old Laws if they think fit, Viz' :
15. Law prohibiting Rum to the Indians.
44. Registring Bills & Bonds, &c.
85. fidelity to Wm Penn ; Else to forfeit their Lands.
115. In hot promiseing Obedience to the Laws.
Also, the Law for not Killing Cow Calves & Ewe Lambs.
The Councill Adjourned to Wm. Welch his house.
The Speaker, Jno. Songhurst and Jno. White, Came from the As
sembly, desireing One Amendm' in y8 Bill of Public Aid,, to Witt,:
to have all Rum made of Mollosses put in it : being put to the Quest.,
was past in the Affirmative.
All that are of Opinion that y8 Gov' should make this answer, that
he intends to forgive the Offence of Killing Ewe Lambs, say yee :
past in Affirmative.
Registring of Bills & Bonds, &c, being a fundamental^ cannot be
lett drop.
The Law of Selling rum fall of it selfe.
The Law of forfeiting Estates upon Disobedience to y8 Laws being
but y8 Taile of a Law, it cannot be amended.: not Lett fall.
Which Answers was given to the Speaker,, francis ffincher, Jno.
Hart, John Blumston & Jno. Otter, to Informe the Assembly.
Put to y8 Quest, whether Wm. Welch should not draw up the Pro-
visor in the Bill of Public Aid, say yee : Past in Affirmative.
All that are of opinion that registring of families shall goe at three
pence Each head, say yee: Past in Affirmative: this I was sent with
to y8 Assembly.
Jno. Bellaing's Petition read Concerning y8 appraisem' of y8 Co-
miss™ upon the Estate that was Luke Watson.
Adjourned till y8 19* 3d Mo., 84.

At a Councill held at New Castle The lg"1 ofy8 3d Mo., 1684.
PRESENT :
Wm. PENN, Prop0' and Gov"-.
S°" ™?yd' Ja" Harrison, Jno. Cann,
Wm. Welch, Tho. Janney, Edmd Cantwell,
1 ho. Holmes, Wm. Clayton, Wm. Wood
Luk^Wateon Wm. Southersby, John Symcock,

PROVINCIAL COUNCIL. 57
The Gov" & Prov" Councill have added Wm. Welch to the num
ber of y8 Comittee to Settle the regulation of y" Revenue.
This day y8 Prov" Councill & Assembly met, and the Bills were
read Over and the Motives and reasons Layd open by y" Gov', and
soe Past in to Laws.
Adjourned till y8 22m 3d Mo., 84.

At a Councill held at New Castle The 22* of y8 3d Mo. , 1684.
PRESENT :
Wm. PENN, Prop0" & Gov".
Wm. Welch, Ja. Harrison, Tho. Janney,
Tho. Holmes, Wm. Clayton, Luke Watson.
Moved that a Comittee be appointed to Inspe'ct the Journall of the
Last Sessions of y8 Prov" Councill & Genall Assembly. Wm.
Welch, Tho. Lloyd & Tho. Holmes, were the Men appointed : also,
to Inspect both former & Latter Laws,
Ordered that y8 Coppys Transmitted to Each County be Exact,
It being moved in Councill where the Charter of Liberty were to
be Kept and if to be Exemplified to y8 respective Countyes, being
put to y8 Question.
It was agreed that the Originall should Lie in the hands of the
Master of the Roles, for ye time being, and that a. Coppy thereof be
•Exemplified to Each respective County, under the Great Seale, One
being first finish for the Gov18 Proper Ace'.
In Persuance of an Order of a full Prov" Councill & Assembly.
Memorendum, Viz' :
The Words hath granted, unto me the said Wm. Penn, my heirs
and Assigns, interlined between y8 fifth & sixth Line of y8 first Skin
of this Charter, and the words twentieth in the fourteenth Line of y*
Second Skin, Changed to the word tenth, as now it is, was thus amend
ed by y8 Consent ofy8 Gov" & Prov" Councill & Assembly at NewCastle,
Mett y8 10 day of y8 3d mo., 1684, as being only defects of Clark-
ship in the Transcribing, as apears by y8 Act of union & Settlement.
This was done in the Presents of the Members above Mentioned.
It was moved that Sam" Carpenter Should be sent for, to be dis
coursed withal I about farming the Excise, but he declined it. Ad
journed till the Aftemoone. POST MERIDIEM.
The Receiver ofy8 Publick Aid or Deputy Treasurer, to have 501b.
yearly duering the Treasurer Absence.
One Inferior receiver in Every County, who shall receive direc
tions from y8 Deputy Treasurer, who shall receive Instructions from
y8 Gov" and Councill; who Shall not be allowed above 201b. p. year.
Ordered that Benja. Chambers or Sam" Hersent, be for Philadel-

58 MINUTES OF THE

phia; Wm. Biles, for Bucks ; Tho. Usher for Chester; Sam" Land
for New Castle ; Richard Mirchell for Kent; a man to be nominated
by two or three of the magistrates, for Sussex.
Ordered that a blanke Comission be sent downe.
Adjourned till y° 29'" 3d Mo., 84.

At a Councill held at Philadelphia The 29th of y8 3d Mo., 1684.
PRESENT :
Wm. PENN, Prop0" and Gov".
Wm. Welch, Tho. Lloyd, Tho. Holmes,
Wm. Clayton, Luke Watson.
The Gov" put y8 Question : All that are for the receiver of the
Publick Aid, Called Comissioner, duering y8 absence of the Trea
surer, say yee : past.
Question: Whether Wm. Welch should be the person: Past in
Affirmative. His Comission was read and approved off.
Ordered that y8 Comiss" give Comissions to under Officers.
The Comissions and Attestations were read and Liked of: also, the
forme of the Bond the under Officers are to give and their Instructions,
were read & Liked off. ,
Ordered that the Comiss' give other Instructions to the Inferior
officer for the Improveing the said Act according to Law.
Ordered that Wm. Welch have a Gen"1 Comission of y8 Peace for
thef Province & Territories, and also the under Officers to have Co-
missions to Clear all Ships.
The Gov' Prpposeth to send a Proclamation along with the Law
of Publick Aid; which was wn One Consent agreed upon.
, The Gov' and Councill Ordered that these Persons following at
tend the Councill y8 30'" Ins' by 7 in the Morning: Jno. Day,, Jnoi.
Songhurst, Tho : Winn, Tho: Hooton, Sam" Carpenter, Jno. Jones,
James Claypoole, Jno. Test, Patrick Robinson.
Adjourned till ye 30'" 3d Mo., 84.

At a Councill held at Philadelphia y8 30,b 3d Mo., 1684.
present :
Wm. PENN, Prop0" and Goy".
Wm. Welch, Tho: Lloyd, Wm. Clayton.
Tho : Holmes, Luke Watson,
The Persons Ordered to Attend the Councill Came Accordingly,
and were discoursed Concerning the Bill of Publick Aid, and Consid
ering the whole matter. Pat. Robinson, Jarne Claypoole, John Song-

PROVINCIAL COUNCIL. 59
hurst, Sam" Carpenter, Tho : Winn, and Jno. Jones, were nominated
to be persons to gett in the moneys arising by the same :
Who, if they accept of it, they shall not only be made savers if
they give in a Just account, but Gaynours. They are to give in an
ace' hereof at 6 a Clock to night.
Adjourned till 6 in the Evening. POST MERIDIEM.
The Persons returne with this Answer :
Sam" Carpenter Offers, and all of them are willing that a Survey
may be made upon their goods, and think they shall raise three hun
dred Pounds or more amongst friends that may answer the thing In
tended ; also, that they will give an ace' thereof, and get the Inscrip
tions to be in Lew of the Other Ingagem'8.
Adjourned till y8 31'" 3d Mo., 84.

At a Councill held at Philadelphia y8 31"" of the 3d month, 1684.
present :
Wm. PENN, Prop" and Gov".
Tho : Holmes, Tho : Lloyd, Wm. Clayton,
Wm. Welch, Luke Watson,
The Persons before Mentioned Concerning the bill of Publick Aid,
now being come w* their proposalls Concerning the same, The Gov"
& Councill Ordered the reading of them, and give this Answer ;
[No answer given. — Ed.]
Adjourned till y8 3d ofy8 4'" Mo., 84.

At a Councill held at Philadelphia The 3d ia Mo., 1684.
PRESENT I
Wm. PENN, Prop0' and Gov".
Tho : Lloyd, Wm. Welch, Luke Watson.
Tho: Holmes,
Samuel Lands' Letter was read, Concerning Coll. Geo: Talbot s
goeing w01 three Musqueters to y8 houses of Widdow Ogle, Jonas Er-
skin & Andreis Tille, and tould them that if they would not forthwith
yield Obedience to y8 Lord Baltemore, & Own him to be their Prop0',
and pay rent to him, he would Turne them out of their houses and
take their Land from them.
Tho: Holmes, Wm. Welch, Tho: Lloyd, apointed to be a Comit
tee to Looke into the Actions of y8 Lord Baltemore, and to draw up
a Declaration to hinder his Illegall proceedings.

60 MINUTES OF THE
The Petition of Wm. Darvall, Concerning a Bastard Child was
read, and referred to y8 same Comittee.
Another Petition of Wm. Darvall's, Concerning his Disloyalty to
y8 Gov', in Denying to pay his rent, and advising Others the same;
Also, Concerning the Gov™ Letter, and denying to grant a Warr' to
apprehend men coming out of Maryland, all w8" is referred to y8 same
Comittee. Adjourned till y8 4,h- 4"" Mo., 84. .

At a Councill held at Philadelphia, y" 4lhof y8 4,b month, 1684.
PRESENT :
Wm. PENN, Prop0' and Gov".
Wm. Welch, Tho : Holmes, Wm. Clayton.
Tho: Lloyd, Luke Watson,
Wm. Darvall withdrew his Petitions, & therefore the Comittee
made there returne, Thus : That he having soe done, they would Let
the Buisness fall.
The Gov" was pleased to bring in a Declaration to quell the Peo
ple of Maryland.
Adjourned till y8 ll"1 4a Mo., 1684.

1684.

At
Wm.Wm.Wm.Emd"

a Councill held at Philadelphia ys
PRESENT :
PENN, Prop0" & Gov".
Welch, Wm. Clayton,
Clark, Tho: Lloyd,
Cantwell,

n1"

ofy84lh month,
Tho: Holmes,
Luke Watson.

The Gov" informes the Councill that he sent a Letter to Coll. Tal
bot, to know what y8 Lord Baltemore would doe in answer to Gov"
Doungan's Letter, which was to this Effect : to Lett things remaine
as they were, till such times as there is a Decision made by y8 King
& Councill ; he also will stay his Declaration till he heares what
Talbot Sayes.
Ashcom's Letter was read Concerning Talbot.
Sam" Lands' Letter was read, informing the Gov' and Councill that
JonasAskms heard Coll. Talbot say, that if Gov' Penn should come
into Maryland, he would Seize him <£• his retairce* in their Journey
to Susquehannah fort.
Ordered that Wm. Welch doe take y8 Attestation of Jonas A skins,
Concerning what Talbot said unto him, or any of those adherent to
mm.

*Should be retinue.

PROVINCIAL COUNCIL. 61
THE TITLE OP A DECLARATION.
By Wm. PENN, Prop0' & Gov' ofy8 Province of Pennsilvania &
Territories Thereunto belonging : By and with ye advice & Consent
ofy8 Prov" Councill ofy8 same.
Wm. Welch is granted Leave to goe home.
Adjourned till y8 12th 4"> Mo., 84.

At a Cduncill held at Philadelphia ye 12th 4th Mo„ 1684.

present:

Wm. PENN, Prop8' and Gov'.

Wm. Clark, Luke Watson,
Wm. Clayton, Edmd Cantwell.
Tho: Lloyd,

Tho: Holmes,
Wm. Haigue.

Wm. Clark Complains of Wrong done him- by false reports of
things done amiss in Open Court. The Persons names is Jno. Ed-
minson and Wm. Darvall.
The President's being Memb" of Councill, are appointed a Comit
tee to Inspect the Virginia Laws, and to prepare such things out of
them as may be Usefull for this Province, against the Next Genall
Assembly. Ordered that Jno. Edminson & Griffith Jones, be Sent for.
Griffith Jones being attested, Saith that about y8 5'" Inst., John Ed
minson said before him & others at Capt. Brigg his house, that Wm.
Clark, in shoeing ye Difference between the Lord Baltemore's Gov
ernment and this, & how much Easier it was to Live under this Gov
ernment, then his tould soe many lyes and Untruths against the Lord
Baltemore's Governm', that he could hardly bear with him; and
further adds, that he, y8 said Edminson, said that he was goeing to
Gov' Penn for Pattents for his Land in y° County of Kent, and when
he had got them, he would goe to y8 Lord Baltimore and gatt his
Pattents for y8 said Land. Jno. Edminson Stands to f same, and
Saith that Wm. Clark tould y8 people that the Lord Baltemore De
nyed that Ever he had Given Out a Proclamation to Encourage y8 Peo
ple to Settle at y8 whore Kills, as one of his Untruths.
Ordered That there be a report made to this board of the returne
of the Comiss18 wrh went to Kent County Concerning Wm. Darvall,
and that he may have a Writing drawne to Clear him.
Joseph Bowie, aged 31 years, living near Iron hill, about 8 miles
distance from New Castle, being attested, Saith that about tenn days
since Coll. Talbot ridd up to his house and was ready to ride over
him, and said Dam you, you Dogg, whom doe you Seat under here,
youdogg! you Seat under noe body; you have noe Warr' from
Penn no my Lord ; therefore, gett you gon, or Else He send you to

62 MINUTES OF THE
St. Mury's ; and I being frighted, Says he, you Brozen faced, Impu
dent, Confident Dogg, He Sharten Penn's Territories by & by ; and
the Neighbours said they saw Bowles his Land Surveyed away.
Adjourned till y8 18th 4th, 84, .

At a Councill held at Philadelphia The 18th ofy8 4m Mo., 1684.
PRESENT :
Wm. PENN, Prop0' & Gov".
Jno. Symcock, Tho. Holmes, Chr: Taylor,
Wm. Clark, Wm. Haigue, Edmd Cantwell.
Tho. Lloyd, Wm. Wood,
The Gov' desired to be Informed what Persons are fittest to ad
minister to ffra. Whitwell's Estate: it was thought Wm. Southersby
and Wm. Berry who were appointed, so to be. >
The Gov' again read the Declaration Concerning y8 Difference be
tween y8 Lord Baltemore & himself, desireing y8 Councills approba
tion ; who approved of it, but desired that some things for. y8 psent
inight be left out.
Adjourned till y8 19lb ofy8 4,h Mo., 84.

At a Councill held at Philadelphia y8 lO^of y8 4,h month, 1684.
present:
Wm. PENN, Prop™ and Gov'.
Chr: Taylor, Tho. Lloyd, Luke Watson,
Wm. Haigue, Wm. Clark, Jno. Symcock.
Edmd Cantwell, Wm. Clayton,
The Gov' Informes y8 Councill that Wm. Darvall was much dis
satisfied at y8 proceedings of y8 Comiss™, and desires y8 Opinion ofy8
Councill in giving him a Clearing under y8 Clarke of ye Councell his
hand. Upon Inquiry made in relation to Wm. Darvall, Concerning y8
Entertainment of one Murfey in Disafection to this Governm',
The Comiss™ appointed to Enquire after & to bring to c'ondigne
Punishem' such Disafected Persons to this Governm', as they should
have Proof of, in the County of Kent ;
Returned this much Concerning Wm. Darvall : that the thing sug
gested were not proved against him.
Taken out ofthe Journall by leave of Gov' & Councill.
The Gov' Informes Wm. Clark and Edmd Cantwell that they should
draw up two Petitions ; One to y8 King & One to y8 Duke.
Adjourned till the 20'0 4th Mo., 84.

PROVINCIAL COUNCIL. 63
At a Councill held at Philadelphia y8 2001 ofy8 40" Mo., 1684.
, present :
Wm. PENN, Prop0" and Gov".
Chr: Taylor, L.Watson, Wm. Clayton,
Wm. Haigue, Jno. Symcock, Wm. Clark.
The Petition of Geo : Thorp read; desiring a hearing before the
Gov" & Councill.
The Gov" desires to know if it be not Convenient to Costitute
Prov" Judges to Try Geo : Thorp's Buisness. Ordered that it be
Tryed to morrow morning, Unless Griffith Jones shoes sufficient rea
son to the Contrary.
Ordered that Griffith Jones be informed that the Gov" & Councill
Sit at two ofy8 Clock in y8 Afternoone, in order to his Buisness.
POST MERIDIEM.
The Petition of Geo : Thorp being againe read, The Quest, was
put whether they would be pleased to Sitt as a Court of Equity and
Law, or a Court of Equity alone.
The Gov" Proposes whether the two partys are Willing to have it
Tryed by the Prov" Judges.
Griff. Jones desire times to send for his Evidences, and also desires
to know if it shall be Tryed by Law or Equity.
Adjourned till y8 25"J 5,h Mo., 84.

At a Councill held at Philadelphia y8 2501 ofy8 5'° month,- 1684.

Wm. PENN, Prop™ and Gov'.
Wm. Welch, Tho: Holmes, Wm. Haigue,
Wm. Clark, Tho. Lloyd, Wm. Clayton,
Wm. Darvall, Chr : Taylor, Jno. Cann.
Jno. Symcock, Tho : Janney,
Richard Mitchell, Sherriff, made his returne from Kent County, of
the Election of Wm. Darvall in y8 Place of ffran. Whitwell, De
ceased. Wm. Darvall Attested to Keep Secrecy.
The Gov' Desires That the Memb8 of Councill would be sure above
any thing to Suppress Lewdness and all manner of Wickedness.
The Gov' first proposes to the Councill, the Law Concerning Sell
ing Rum to the Indians.
That is to say : advises to Issue forth an Act of State to Suppress
selling rum to the Indians in such Quantities.
The Gov' desires also, that Ordinary Keepers' disorders may be
suppressed. Ordered that Rob' Terrill be sent for to appear before y8 Gov' &
Councill, and all others that Sell Rum to y8 Indians.

64 MINUTES OF THE
Jno. Jones Acquaints the Councill that one Russell harbours his
Negroes, and therefore beggs some redress.
Memorandum : Servats Traviling w'b out Passes-, Idleing on first
days, Unlisenced houses selling Liquors without Licence; also, sea
ven pence halfe penny a Meal, and one penny a q' for beer.
Adjourned till y8 26,h 5 : Mo.»1684.

At a Councill held at Philadelphia y8 26'" 5th Mo. , 1684.
PRESENT :
Wm. PENN, Prop0' and Gov'.
Wm. Welch, Jno. Cann, Chr: Taylor,
Jno. Symcock, Tho: Lloyd, Tho: Janney,
Wm. Darvall, Tho: Holmes, Wm. Clark.
Wm. Haigue, Wm. Clayton,
Robert Terrill being brought before the Gov' & Councill for Selling
rum to the Indians and Other people, and Entertaining Other Per
son's Serv18, rece'd a repremand from the Gov'.
A Proclamation Ordered, to be Issued Out in Order to Suppress
the same.
Ordered that Magistrates' gfve Instructions to the Grand Jury for
Suppressing of Ordinarys, according to Law.
Ordered that a Letter be writt giving Magistrates directions Con
cerning the Proclamation, & also of Chuseing Magistrates & Peace
Makers. Left to y8 Gov™ Discretion to have y8- Laws & Charter printed at
London. Magistrates to Look after the Peace of y8 Province, & to Demeane
themselves without a just Cause of Offence to the Indians, and then
Discreatly. Tho: Lloyd, Tho: Holmes, Wm. Haigue, appointed' to draw up a
Charter for Philadelphia to be made a Burrough, Consisting of a
Maj' and six Aldermen, & to Call to their Assistance any of y8 Coun
cill. Adjourned till y8 28"- of y8 5th Mo., 84.

At a Councill held at Philadelphia y8 28th ofy8 5'" Mo., 1684.
PRESENT :
Wm. PENN, Prop0' & Gov'.
Wm. Welch, Wm. Darvall, Jno. Cann,
Wm. Clark, Chr: Taylor, Tho: Holmes,
Jno. Symcock, Tho: Janney, Tho: Lloyd,
Wm. Haigue, Wm. Clayton,

PROVINCIAL COUNCIL. 65
The Gov" put ye Question, whether y8 Gov™ Charges & Expenses
for the Preservation and Continuation of the Lower Countyes as
annexed by act of. Assembly to this Province, shall be reputed a
Public Charge.
Resolved upon y8 Question, y' y8 Gov™ Expenses preserving and
Continuing the Lower Countyes annexed by act of Assembly to this
Province, be held & Reputed a Public Charge.
The Gov" put y8 Quest: whether two-thirds or three-fourths of y8
ffreewill Offering Money given to y8 QoY, should be put to y8 Quest.
Past in the Affirmative.
As many as are of Opinion that two thirds should be allowed the
Gov' towards the preserving & Continuing the Lower Countyes, an
nexed by Act of Assembly to this Province.
Past in the Negative.
As many as are of opinion that three fourths should be allowed,
Say yee : Past in y8 Affirmative.
All that are of Opinion that y8 Charges of y8 Watchmen at
New Castle should be payed out of y8 Publick Treasury, till further
Order from Prov" Councill, Say yee: Resolved in y8 Affirmative.
Ordered that Tho: Holmes, Wm. Haigue, Wm. Clayton, Tho:
Lloyd, Wm. Darvall, Wm. , Clark, or any two of them, Inspect ye
Bills of Benj. Acrod, Deceased, before such time as they are payd.
Adjourned till y8 14th 6*° Mo., 84.

At a Councill held at Sussex The 14"1 6th Mo. 1684.
PRESENT :
Wm. PENN, Prop01 and Gov".
Tho: Lloyd, Tho: Holmes, Wm. Darvall,
Wm. Clark, Ja: Harrison, Luke Watson.
The Differance between Luke Watson and Jno. Bellamy, touch
ing the appraism' formerly Ordered by y8 Gov' & Councill, &c.
The sayd Luke Watson & Jno. Bellamy agreed before y8 Gov' &
Councill, as followed :
That the said Luke Watson shall Continue upon y8 three hundred
Acres at Prime hook, wheron are his Improvem'8, togather with the two
hundred Acres adjoyning thereto ; and in Consideration thereof, the
said Jno. Bellamy shall have the four hundred fifty-seaven Acres as
p. Pattent, being formerly the Lands of One Wm. Canes, and Seated
by Prentice, and to assigne and make Over their Intrests to
Each Other in y8 said Lands, by Legall Conveyances, &c. And y8
Said Luke Watson shall further pay unto the said Jno. Bellamy, one
Bullock, or Vallue thereof; and thus they agreed & shaked hands.
Adjourned till The 18"' of ye 6th Mo., 1684.
6*

66 MINUTES OF THE
At a Councill held at New Castle The 18th of y8 6'" month, 1684.
PRESENT I
THOMAS LLOYD, President.
Wm. Welch, Jno. Symcock, Edmd Cantwell.
Jam : Harrison, Tho. Holmes,
A Comission from y8 Gov' was read, Impowring the Prov" Councill
to act in the Governm' in his Steed, Tho. Lloyd being Presid' of y8
same. Also, a Comission for Tho. Lloyd to keep the great Seale, was
read. Prov" Judges appointed by Comission, Viz' : Wm. Welch, Nich.
Moore, Wm. Wood, Rob' Turner & JohnEckley.
Adjourned till 19"1 6th Mo., 84.

At a Councill held at New Castle The 19th ofy8 6th month, 1684.
PRESENT :
THOMAS LLOYD, Presid'.
Chris: Taylor, Jam. Harrison, Wm. Clayton.
Tho. Holmes,
The Commission for the great Seale was againe read, and the Seale
delivered to Tho. Lloyd.
A Comission was read Impowring Tho. Lloyd, James Claypoole
& Rob' Turner, to Signe Pattents and grant Warrats.
Wm. Clayton, Rob' Turner & Dan" Pastoruses, Comission for Jus
tices of y8 Peace for Philadelphia County was read.
Wm. Clark's Gen" Comission for y8 Peace was read, and filled up
in Councill.
Adjourned till 24th 6th Mo., 84.

At a Councill held at New Castle The24ffi of the 6'" month, 1684.
PRESENT :
THOMAS LLOYD, Presid'.
James Harrison, Wm. Haigue, Chris. Taylor.
Jno. Symcock, Wm. Clayton,
Ordered that the next Justice in Comission to the Presid' of the-
Court of New Castle, doe officiate in the same till further Order.
Adjourned till y8 10'" 7a Mo., 84.

PROVINCIAL COUNCIL. 67
At a Councill held at Philadelphia the 10'° of y° 7th Mo. 1684..
PRESENT :
THOMAS LLOYD, Presid'.
Tho. Holmes, John Symcock, Wm. Clark,
Chr: Tay lour, Wm. Clayton, Edmd Cantwell,
Wm. Wood, Jam. Harrison, Jno. Cann.
Wm. Welch being deceased, the Memb™ of Councill for N. Castle-
County, Informed the Councill of y8 Want of one in his place:.
Wherupon, the Presid' put y8 Quest., whether or not there should be
a Writt sent downe to Chuse a Memb. to serve in his steed : past in.
y8 Affirmative.
Quest. Whether the Managem' of the Genall Survey™ Place of New
Castle County, Should be put into the hands of Tho. Holmes, Surv"
Gen" of ye Province, till further orther ; and that Tho. Person be his
Deputy for y8 Time being, he receiving Instructions from y8 Genlu
Surveyor. Past in Affirmative.
Information being given to this board that the Widdow Ogles' hay
was thrown into y8 Creek, and Andrew Stone's Clouths Terne by
Coll. Talbots' People, who did it by his Order, Edmd Cantwell and
Jno. Cann were Ordered to Inspect the thruth of it, and to make a
Speedy report of y8 same to this board.
Adjourned till y8 11th 7th Mo., 84..

At a Councill held at Philadelphia The 11th ofy8 71" month, 1684.
present:
THOMAS LLOYD,. Presid'.
John Symcock, Jam, Harrison, Tho. Holmes,
Wm. Clayton, Wm. Clark, Chris. Taylor.
Edmd Cantwell, Jno. Cann,
It being proposed by a Memb' in Councill, that a New Comission
ofthe Peace be granted for the Countys of Philadelphia & New Cas
tle, by reason of y8 removeall and Decease of ye sayd Presid', it was
Unanimously agreed that New Comissions should be Issued Out.
Ordered that Notice be given to the Prov" Judges,, to request them
to appear in Councill to Morrow, at the 9*° houre..
Adjourned till y8 12'° 7th Mo., 84.

At a Councill held at Philadelphia The 12th of y8 7th Mo, 1684.
PRESENT :
THO: LLOYD, President.
Jno. Symcock, Edmd Cantwell, Jno. Cann,
Tho: Holmes, Wm. Clayton, Wm. Clark-
Chr: Taylor,

68 MINUTES OF THE
Ordered that upon the Decease or Absence of y8 Present President
from this Province or Territories, that it shall and may be Lawfull
for the Prov" Councill, upon any urgent Emergency, to meet to
gether, & Chuse a Presid' or Vice presid', as Occasion shall Offer,
from time to time. .
Wm. Clayton & Robt. Turner attested Justices of y8 Peace, for y
County of Philadelphia. „,.,,.
Ordered that the King's Proclamation forbidding his subjects to
Enter into the Servis of forreigne Princes, be read to morrow by the
Sherriff, in the most publick places of Philadelphia, at tenn of the
Clock to morrow; and to be affixed-in a Publick place for the Publick
View. Ordered that a Comission be speedly Issued fourth for One to Sup
ply the place of a Prov" Judge, Lately deceased.
Ordered that it be referred to y8 Presid' and psent Memb™, to Co-
missionate Treasurer if Occasion be.
The Comission of y8 five Prov" Judges was this day delivered unto
Nicholas Moore & Robt. Turner, who were accordingly Attested.
The Coppy Wherof is as followed, Viz':
Wm. Penn, Prope'y & Gov' of y8 Province of Pennsilvania & Ter
ritories thereunto belonging,
To my Trusty & Loving friends, Nicholas Moore, Wm. Welch,
Wm. Wood, Rob' Turner '& John Eckley. Greeting:
Reposing Speeiall Confidence in y' Justice, Wisdom and Integri
ty, I doe, by Virtue of y8 King's Authority, derived unto me, Consti
tute you Provinciall Judges for the Province and Territories, & any
Legall Number of you a Prov" Court of Judicature, both fixed and
Circular, as is by Law directed, giving you and Every of you full power
to act -therin according toy8 same; Strictly Chargeing you and Every
of you, to do Justice to all and of all degrees, without delay, fear,
favour or Reward : And I doe hereby require all Persons within the
Province and Territories aforesaid, to give you ye due Obedience and
respect belonging to your Station, in the Discharge of your Dutys.
This Comission to be of force duering two years Ensueing y8 Date
hereof, You and Every of You behaving yourselves well therein, and
Acting according to ye same.
Given at Philadelphia, ye fourth of y8 sixth Month, One thousand
six hundred Eighty & four, 'being y8 thirty Sixth year of y8 King's
Raign, & y8 fourth of my Governm'.-
Ll1^ I WM. PENN.
Postcrip : For y8 three Upper Countyes and Towne of Philadel
phia.
WM. PENN.
Ordered that the Registrey's Office for the County of New Castle,
be managed by Jno. Cann, till further Order.
Ordered that y8 Presid' and Present Members may have power out
of Councill to grant Licenses.
An Information being given to this board from Sam11 Land, High
Sheriff of the County of New Castle, That there was a Ship Lately
arrived which was an' unfree Bottom ; Whereupon he seized her.

PROVINCIAL COUNCIL. 69
i
Ordered that Wm. Clark, Jno. Cann, Edm" Cantwell, Peter Al-
drichs, and Jno. Williams, or any three of them, Strictly Inquire into
the Nature and Truth of y° Information, and Transcefer a'n acco' there
of to y8 Presid', or in his absence to Tho : Holmes.
Ordered in Councill, that y8 Presid' & Members present may Em
power such as they think fitt, to be a Court of admiralty, for the hear
ing and determining the State and Case of the Shipp Seized ; and
that upon all other, and the Like urgent Occasion, that the Presid* &
Pres'. Members may, in absence of y8 Councill, proceed to act therin
w Prudence, Law and Discretion, according to y8 Necessity of y8
Matter, and that an account of y8 same be reported to y8 next Coun
cill. Adjourned till y8 14'° 8°" Mo., 84.

At a Councill held at Philadelphia The 14'" 8th Mo., 1684.
PRESENT :
THOMAS LLOYD, Presid'.
Thorn: Holmes, Luke Watson, Wm. Clayton.
Wm. Haigue,
The Ship Called the harp, of London, Robt. Hutchins Master,
being by this board Called in Question for his Ship's being an unfree
Ship, and upon Consideration had by this board and Sam" Horsent,
Prosecutor, in behalfe of Sam" Land, Prosecuting & desireing Judg
ment against the said Ship.
Monsieur Dethees, Master, Alias Pilot, appearing in person in Coun
cill, produced a Past under the hands of the Comiss™ of London, and
Seal of the Custom house, dated y8 9* May, 16,84; but positively de
clared that he had noe Clearing to produce, neither (as he said) could
he produce any from the Admiralty Office of Darby house, and that
Mounsieur Duthees that had been Employed to dispose of the Charity
given to some french Protestants of good Quality, bound for Penn
silvania, did Solicite at y8 sd Admiralty for a Clearing, but could^ not
obtaine it ; Hezekias helmont, Edd Hunter & Jeffrey Johnson, Sea
men & Saylors on said Ship, being also called, and Personnally appear
ing in Councill, & being Interrogate severally and Joyntly, declared
that they knew nothing of the Clearing of the said Ship, and that
they know nothing of her being an unfree Ship till they came to
burnegat, where they then heard of one above that Knew more than
they, that Shee was an Unfree Ship.
The board upon hearing of the whole matter, and all that could be
alleged in behalfe of said Ship, It is y8 Judgm' of the board that Shee
is an Unfree Ship, & so forfeited.
Condemnation and Sale of the Ship harp of London, By the Presi
dent & Members of Prov" Councill of the Province of Pennsilva
nia, and Territories thereunto belonging :
Information being made to this board by Sam" Land, that a Cer
taine Ship called the harp, of London, Lately arrived Avith Passingers

70 ' MINUTES OF THE
from London, in England, and now riding before, the towne of Phila
delphia, in the Province of Pennsilvania, is a french Bottom, and noe
ways made free to Trade or Import any goods into any of his Majes
ty's Plantations in America, and soe under the forfeiture Exprest in
the Laws of Navigation, upon a full hearing of the Buisness in Coun
cill, the fourteenth of y8 Eighth Mo., 1684, And by the Ingenious
Confession ofthe Master, who Termes himselfe Pilot of y8 said Ship,
who produced a Pass under the hand of y8 Comiss™ & Seale of the
Custom house at London, Dated the Ninth of the Second* Month,
1684, but positively declared that he had noe clearing to produce,
Neither (as he said) could he produce any from the admiralty office
of Darby house, and that Mounsieur Duthees that had been Employ
ed to dispose of the Charity given to some french Protestants of good
Quality, bound for Pennsilvania, did solicite at said Admiralty for
Clearing, but could not obtaine it, the seamen & Saylors, Viz' : fleze-
kias Helmont, Edwd Hunter, and Jeffery Johnson, of y8 sd Ship being
called, and personally appearing in Councill, did declare Joyntly &
Severally, that they knew nothing of her being an unfree Ship until!
they came to Barnegatt's, where they then heard that shee was an
Unfree Ship ; and Sam11 Land being prosecutor, Desireing Judgm', the
President and Prov" Councill upon hearing of y8 whole matter & all
that could be alleged in behalfe of y8 said Ship.
Have and doe adjudg and Condemn y8 Said Ship as aforesaid, for
feited according to Law, the 14th ofthe 8'" month, 1684 ; and Comiss™
being respectively appointed for y8,View, apraisem' & sale ofy8 said
Ship, w'h Tackle, apparrell & Arnunition, &c. did accordingly, between
y8 hours of three & five ofthe day in y8 afternoone, being the 14 of
the 8 month, 1 684, Sei the said Ship.by the Inch of Candle, to Bar-
naba Wilcox, for fifty-nine pounds ten Shillings six pence ; whom
we doe Declare to be the Sole, Right, and Lawfull Owner of ye said
Ship.
THOM. LLOYD.
Adjourned till 22"1 8th Mo., 84.

At a Councill held at Philadelphia ye 22th ofy8 8th Mo., 1684.
present:
THOMAS LLOYD, Presid.
Wm. Clark, Tho : Holmes, Luke Watson,
Wm. Clayton, Wm. Haigue, Pet" Alrichs.
Ordered that John Songhurst, Wm. East, Thorn : Taylor, apraise
y8 french Ship w8" is forfeited, and make returne fourthwith to this
board. Ordered that James Claypoole, Sam" Carpenter, .& Wm. framp-
ton, be Comiss"8 to Dispose of y8 french Ship fourthwith.
*Should be third.

PROVINCIAL COUNCIL. 71
Ordered that Wm. Darvall, Grunadus Wessel, Jno." Brigs & Dan"
Jones, have Comissions for Justices ofthe peace for Kent County.
Ordered that Peter Alrichs, Rob' Owen, Edmd Cantwell, & A bram.
Man, have Comissions for Justices of the peace for New Castle
County. The Returne ofthe Sheriff of New Castle was this day read, for
the Choyce of Peter Alrichs to be a Councellor for that place, Who
was this day attested in Councill.
The Petition of Edmd Cantwell was read, and the Councill Ex-
prest their unwillingness to take Cognizance thereof, by reason had
regularly his Legall remedy from the Prov11 Court, to which he ap
pealed, and should have prosecuted his Complaint & Greayance ; how
Ever, they thought it advisable to have a Letter Sent to the Clark of
the County of New Castle by the Clark ofthe Councill, to send up
to this board wm all Expedition, a Coppy of the appeal, Judgm' Bond
and Execution, w"" the Declarion Plea and Verdict Entred & Issued
out against the Complainant.
Adjourned till 24th 8"1 Mo., 1684,

At a Councill held at Philadelphia y8 24'" of y8 8th Mo., 1684,
PRESENT :
Wm. CLAYTON, Presid'.
Chr : Taylor, Ja : Harrison, Wm. Wood,
Jno. Symcock, Tho. Janney, Wm. Darvall.
Ralph ffretwell Complains to the Councill that he cannot have his
Land Laid Out by reason ofthe Contention ofthe Survey".
Tho: Holmes being sent to by the Clarke ofthe Councill, to know
his reason of not Issuing out his Warrant to Survey y8 Said Ralph
ffretwell's Land, his answer was, he would not Issue out his Warrant
to Charles Ashcom, But he would Issue out his Warrant according
to his Comission.
Wherupon the Councill made this Warr' following :
For as much as Ralph ffretwell hath made his Complaint to us that
he cannot have his Land Surveyed and Layd out according to the
Gov™ Warrant, Wee having Sent to Tho: Holmes to put y8 said
Warr' in Execution, Viz': to direct Charles Ashcome, Survey" of the
Countv of Chester, to lay out the Same, and he refusing soe to doe;
These are therefore, to will and require Thee fourthw"1 to Survey,
or caused to be Surveyed, unto Ralph ffretwell, the said Tract of Land,
beginning halfe a mite above Concord, and soe through New Towne,
Saveing Every man's right their already Surveyed to them in y8 said
Towns Ship, and Soe up N. N. W. till you come to y8 full Extent on
that side, and soe onwards untill the said Warrant be Accomplished,
by a Square of tenn or twelve miles, or any Quantity that may be
Conteined in the same, according to y8 Treu Intent and meaning of
y8 Gov™ Warrant.

72 MINUTES OF THE
James Harrison and Jno. Symcock were Ordered to Discourse Tho.
Holmes Concerning Ralph ffretwell.
Adjourned till 25M 8 Mo., 84.

At a Councill held at Philadelphia y8 25"" 8 Mo., 1684.
PRESENT :
THO: LLOYD, Presid'.
Jam. Harrison, Luke Watson, Wm. Haigue.
Wm. Clark, Wm. Clayton,
Barnabas Wilcox had two hours granted him to give his, answer to
the Presid^, whether he will have the french Ship as he bought her
or not.
A Prov" Court being by Law and under the great Seale by y8
Propr8' & Gov' Established, it was Judged advisable and Expedient
that for the future the Prov11 Councill may draw up and Endeavour
to ascertaine the Legall Bounds and Jurisdictions of the Respective
Courts of Judicature in this Province & Territories, least through i
the Inadvertancy, Indiscretion or unskillfullness of any Persons Judi
cially Comissionated, in the Discharge of their Duty, they, or any
of them, may act Eregularly, to the Disatisfaction of y8 Governm',
Disreputation of themselves, to y8 Vacuating and Insecurity of such
acts & Judgment of y8 said Courts, & Consequently by the Intrench
ing of one Court upon y8 Matters Cognisable by an other Judica
ture, Annimositys, Disrespect and Confusion may be introduced.
For the Prevention Wherof, and y8 preserving of a Respectfull
Notice and Corispondance, and for y8 Continueing a Suitable regard
to the due Determination of y8 Comiss™ of Each Court, It was agreed
in Councill that such Instructions, Soe drawn up, may be recomended
to the notice ofy8 Respective' Comiss'8.
Adjourned till y8 30,n ofy8 ls{ month, 85.

At a Councill held at Philadelphia The 30"1 of y8 first month, 1685.
PRESENT :
THOMAS HOLMES, Presid'.
Chris. Taylor, Tho : Janney, Nich. Newlin,
Jno. Symcock, Jno. Barnes, Phin. Penherton.
Wm. Wood,
The Returne of Philadelphia Read.
The Returne of Bucks' read.
The Returne of Chester Read.
John Barnes, Nich. Newlin & Phinihas Pemberton, were this day
attested to Keep Secret the Debates of Councill.
Adjourned till y8 31th Is' Mo., 85.

PROVINCIAL COUNCIL. 73
At a Councill held at Philadelphia the 31 1" Mo., 1685.
PRESENT :
THOMAS HOLMES, Presid'.
Chris: Taylor, Wm. Wood, Jno. Barnes,
Jno. Symcock, Jno. Cann, Nich. Newlin,
.Tho. Janney, Phin: Pemberton, Peter Alrichs.
The Returne ofthe Sherriff of New Castle was read.
Put to ye Question, Whether y8 Members not coming to Councill
yesterday be willfull absence.
Past in the Negative.
Put to the Question, Whether those two Sherriffs which have not
made their returnes should be fined or not for Neglect of Duty, and
whether tenn pounds fine should not be Layd upon Each.
Past in y8 Affirmative.
Ordered that y8 Sheriff of New Castle pay 20s. fine for not making
returne in time.
Jno. Cann, Jno. Barnes, Nich. Newlin & Phin. Pemberton, and as
many more as pleaseth, apointed a Comittee to read Over y8 Laws.
. Adjourned till y» 1st 2d Mo., 85.

At a Councill held at Philadelphia y8 1st 2d Mo., 1685.
PRESENT :
THOMAS HOLMES, Presid".
Wm. Wood, Peter Alrichs, Jno. Symcock,
Jno. Cann, Phe : Pemberton, Chris. Taylor,
Tho : Janney, Nich. Newlin, Jno. Barnes.
The Petition of Christopher Penock & Co. Concerning the ferry
at Skoolkill, was, read.
Ordered y' an Order of ye Councill be Sent to Phillip England, to
Expedit a sufficient ferry boat for horses and Cattle to pass to and
fro over the Scoolkill, as also to make y8 way on both sides Easy
and passable both for horses and man, to Loe Water Marke ; Other-
ways y8 Councill will take care to Dispose of it to such as will pforme
y° same.
It being Moved in Councill to have the Line of Separation known &-.
distinguish' between ye Countyes of Philadelphia and Bucks, at y"
River Dellaware, the County of Bucks to begin at Poaquesson Creek,
and soe to take in the Easterly side thereof, togather with ye Town-
Ships of Southampton & Warminster, and thence backwards.
And severall Members of Councill acquainted this board that they
heard the Gov' Positively grant & say, that the aforementioned Line
should be the Devision between the two said Countyes, and being put
to y8 Question, whether that should Stand as y" division of y8 Coun
tyes aforesaid, it was carried in the Affirmative, Nemine Contradi
cente. 7

74 MINUTES OF THE
Ordered that an Order of Councill be Sent to y8 Sheriff of Each
County abovesaid, to the End that they may know the Limitts &
bounds of each respective County.
The Question was put, whether Sam" Land should Continue bhe-
riff for the County of New Castle for y8 Next year.
Past in the Affirmative.
Wheras; the Gov' in psence of John Symcock and Wm. Wood,
was pleased to Say & grant That y8 bounds ofthe Countys of Ches
ter & Philadelphia should be as followed, Viz':
That the bounds should begin at the Mill Creek and Slopeing to y8
Welch Township, and thence to Scoolekill,&c.,in obedience thereto
and Confirmation thereof.
The Councill having Seriously Weyed & Considered the same,
have & doe hereby Agree and Order that y8 bounds betwixt the said
Countys shall be thus; That is to Say:
The County of Chester to begin at y8 Mouth or Entrance of Bough
Creek, upon Delaware River, being the uper End of Tenecum Island,
and soe up that Creek, deviding the said Island from y8 Land of An
dres Boone & Compy; from thence along the Severall Courses there
of to a Large Creek Called Mill Creek; from thence up the Severall
Courses ofthe said Creek to a W : S : W: Line, which Line devided
the Liberty Lands of Philadelphia from Severali Tracts of Land be
longing to the Welch & Other Inhabitance; and from thence E: N:
E: by a Line of Marked Trees, 120 perches more or Less; from
thence N: N: W : by the harford Township, 1000 'perches more or
less ; from thence E : N : E : by yB Land belonging to Jno. Hum-
pheris, 110 perches more or less; from thence N: N: W: by y"
Land of Jno. Ekley, 880 perches more or Less ; from Thence Con
tinuing y8 said Course to the Scoolkill River, w80 sd Scoolkill River
afterwards to be the Naturall bounds. '
The Question was put, whether the afore mentioned Creeks, Courses
and Lines, shall be the bounds betwixt the Countys of Philadelphia
& Chester, according to y8 Gov" grant as aforesaid; Unanimous
Carried in y* Affirmative..
Motion being made for a Rainger for the County of New Castle,
the Councill Unanimously Chose Peter Alrichs to be Rainger of y°
said County for One year.
Ordered that he have a Comission drawn for that purpose.
Ordered that Rich. Parker have Licence to Keep an Ordinary at
Darby Creek.
Adjourned tilly8 3d 2d month, 1685.

At a Councill held at Philadelphia ye 3d 2d Mo., 1685.
PRESENT :
THOMAS HOLMES,, Presid'.
John Symcock, Jno. Cann, Phe. Pemberton,
Tho. Janney, Jno. Barnes, Wm. fframpton,.
Wm. Clark, Pr Alrichs, Chris. Taylor,
Wm. Wood. Nicho. Newlin,

PROVINCIAL COUNCIL. 75
Wm. Clark being attested, deposeth that he saw ye returne ofthe
Sherriff of y8 County of Kent for a member of Councill, and he did
read in the returne that Wm. fframpton was y8 man Chose for the
memb" of Councill.
And it being put to the Question whether that was sufficient for
him to Sit, past in the Affirmative.
The Lycence of John Hill Ordered to be renewed.
The Returne of y8 Sherriff of Lewis County was read, Jno. Roads
Returned Councellor.
Ordered that a Comission be drkwn for John Cann, Peter Alrichs,
Rich. Owen, Johanas D. Haes, James Walliams,, Hendrick Williams,
Vallentine Hallingswoorth, Edwd Green, Wm. Guest, Hendrick Le-
man, to be Justices of the Peace for y8 County of New Castle, for a
year. Wm. fframpton was this day attested in Councill to keep Secresy.
Ordered that a Bill be drawn for Severall sorts of fines Exprest in
the Laws of this Province, to be raised, Lea vied and payd.
Ordered that a Bill be drawn to y8 End the time of Enrolm' be
Enlarged to Six months of Charters, deeds & Conveyances, & that
y Clawse of Bill Bonds & Specialties be left Out, and y8 Word Pat
tents be added and Incerted after the Word Charter.
Ordered that a Bill be drawn for Indemnifieing all forfeited Deeds
not Enroled in Time, and that y8 said deeds shall stand Valid to all
intents and purposes, as if they had been Enroled.
Ordered that a bill be drawn up That yB Word Equity be left out
in ye Law off County Courts.
Put to y8 Question ; whether the .87 Law should be repealed, and
one year be put in the roome of six months, and be new drawne: past
in the Affirmative.
Put to y8 Question ; whether the penalty should be taken out of the
Law of Education; Past in the Affirmative.
Ordered that Wm. fframpton, Phin : Pemberton and Jno. Cann,
doe draw up a Bill that all pay may be made in Kind according to Con
tract; also, that they bring in the Distance of lakeing up of Servants.
Adjourned till 4 2 Mo., 85.

At a Councill held at Philadelphia y8 4* of 2d Mo., 1685.
present:
THOMAS HOLMES, Presid'.
Wm. Wood, Jno. Symcock, Wm. Clark.
P' Alrichs, Jno. Cann, Luke Watson,
Wm. fframpton, Jno. Barnes, Nich. Newlin.
Phin: Pemberton, Tho. Janney,
Put to y8 Question ; whether the 134 Law should be repealed, and
one or more drawns with amendments, in respect of Serv18.
Past in the Affirmative.

76 MINUTES OF THE
Wm. Clark is desired to bring in a forme of Indictm18 and attachm",
against the next Sitting.
Ordered that a Bill be drawne for Watch and Ward, and be left to
y8 Justices of Every County, or any four of them, to settle time and
place, with 5d. penalty for Every One that shall neglect. "-
Put to yc Question : Whether y8 4 1 Chapter of Laws should be re
pealed, and an Other made in the roome with this amendm': Person
instead of Man: past in y8 Affirmative.
Nath. Aliens, Comission for gager & Sealor of Weights & Mea
sures, was read and left to be Considered.
Put toy8 Question; Whether y8 103 Law should be repealed con
cerning gageing : Past in the Affirmative.
Ordered that Wm. fframpton draw a new bill for the Size of Caske
Exported, and also to be Used within this Province, &c.
Put to y8 Question ; Whether there shall be a Gallon, peck & Bush-
ell be Sealed in Every County of this Province, to be maintained at
their owne Charge ; past in Affirmative.
Put to y8 Question ; Whether a Law should be made for a Penalty
to be Laid upon such as Cutt or fall Marked or bounded trees ; Past
in the Affirmative.
Ordered y' Jno. Symcock, Jno. Cann, Wm. fframpton & Phinihas
Pemberton, be a Comittee to draw up the former bills.
Adjourned till 6"' 2d Mo., 85.

At a Councill held at Philadelphia y8 6th 2d month, 1685.
present:
THOMAS HOLMES, Presid'.
Wm. Clark, Luke Watson, Jno. Barnes',
Wm. fframpton, Jno. Cann, Chr : Taylor,
Tho: Janney, Phin: Pemberton, Jno. Symcock,
Nich. Newlin, Peter Alrichs, Wm. Wood.
Put to y° Question ; whether y8 Persons Concerned in y8 Subscrip
tion of money in Lue ofy8 Publick ayd, should be sent for in Order
to pforme what they undertooke: Past in y8 Affirmative.
Put to y8 Question; whether this following Writing should be the
foreamble to the Order of Councill for ye Division of Countyes : Past
in y8 Affirmative.
Wheras, there is a Necessity to Ascertaine the bounds ofthe seve
ral Countys of the Province of Pennsilvania, in Order to the raiseing
and Collecting of Taxes, Public Monys, and Other ways to adjust ye
Limitts of their respective Sherriffs, for y8 Performance of their powers
and Dutys ; and also, that y8 People might know unto what County
they belong and appertaine, To answer their Dutys and places :
Ordered that a Comission be drawne for James Harrison,. Tho :
Janney, Wm. Yardley, Wm. Biles, Wm. Beaks, John Ottor, Edmd
Bennet & Jno. Swift, to be Justices of the Peace for y8 County of
Bucks, the year Ensueing.

PROVINCIAL COUNCIL. 77
Ordered that a Comission be drawne for Jno. Symcock, Wm.
Wood, Nich. Newlin, Rob' Wade, Geo. Maries, Tho : Usher, Robert
Riles & John Blumstone, to be Justices of y8 Peace for Chester Coun
ty, the year Ensueing ; But Left to the President and members of the
said County to Leave Out four of them.
Put to the Question ; Whether there should not be a Bill or Bills
drawn to fine Justices & Sherrifs for their Neglect of their Duty ;
Past in the Affirmative.
The Petition of Widdow Acrod was Delivered into this board by
Nicho. Moor, her Atturney ; was read, & proof being made by her
said Atturney of her being Married to Benj. Acrod, Deceased, by a
Certificate from the Late Lord May' of y8 Citty of London, S' Henry
Talse, and a Letter of Atturney also produced, Constituteing the said
Nich. Moore her Atturney.
Ordered therefore, that Patrick Robinson be sent to attend this
Board, to give an account of y8 Estate of Benj. Acrod, Deceased.
Adjourned till 7"' 2d Mo., 85.

At a Councill held at Philadelphia y8 7m of y8 2d month, 1685.
present :
THOMAS LLOYD, Presid.
Tho : Holmes, Tho. Janney, Luke Watson,
Wm. Clark, Jno. Cann, Phin : Pemberton,
Jno. Symcock, Peter Alrichs, Nich. Newlin,
Wm. Wood, Wm. fframpton, Jno. Barnes.
The Gov"8 Comission to the Councill was this day read.
A Bill Concerning runaway Servants was read a first reading Past
Nemine Contradicente.
A Bill Concerning Indemnifieing of Pattents, Gift, Grants, &c,
not Enroled, read a first reading : past N. C.
Adjourned till y8 8lh 2d month 1685.

At a Councill held at Philadelphia The 8th of the 2d month, 1685.
present:
THOMAS LLOYD, Presid'.
Tho : Holmes, Nich. Newlin, Tho. Janney,
Jno. Symcock, Jno. Cann, Wm. fframpton,
Wm. Wood, Chr: Taylor. Phin : Pemberton,
Peter Alrichs, Wm. Clark, Jno. Barnes.
Luke Watson,
A Bill for Persons goeing in Season for their pay in Pork, Tobacco
&¦ Corns, was read a first reading : past N. C.
7*

78 MINUTES OF THE
By the Presid' & Prov" Councill of the Province of Pennsilvania &
Territories thereunto belonging :
Wheras, there is a Necessity to ascertaine the Bounds of y8 seve--
rail Countyes of Pennsilvania, in Order to ye raising and Collecting of
Taxes, publick Moneys, and Otherways to adjust the Limitts ofthe re
spective Sherriffs for ye pfenning of their Power and Duty ; and also,
that y8 People might know unto what County they belong & apper-
taine to answer their dutys and places : and wheras, the Gov", in
presence of Tho: Janney & Phin: Pemberton, was pleased to say
and Grant that y8 Bounds of y8 County of Bucks and Philadelphia
should begin as followeth, Viz'.
To begin at ye Mouth of Poetquesink Creek, on Delaware, and
soe by y8 sd Creek, and to take in the Townships of Southampton and
Warminster ; in Obedience thereto and Confirmation thereof, The
President and Councill having Seriously Weighed and Considered ye
same, have & doe hereby agree and Order that the bounds between
the said Countys shall be thus : to begin at y8 Mouth of Poetquesink
Creek on Delaware River, and to goe up thence a long y8 said Creek
by y8 severall Courses thereof, to a S. W. & N. E. Line, which said
Line devides the Land belonging to Jos. Growdon &, Compa., from
y8 Southampton Township ; from thence by a Lyne of Marked Trees
along the said Line 120 Perches more or less, from thence N. W. by
a Line of marked Trees, which said Line impart devid'ed the Land be
longing to Nich. Moor from Southampton & Warminster Townships,
Contermeing the said Line as far as ye said County shall Extend.
The Petition of Jno. Day was read; he is referred to two or three
Justices ofy8 Peace to hear y8 Buisness.
A Bill for Leather to be well Tand was read a first reading: Past
N. C.
A Bill for fences to be Viewed read a first reading : past N. C.
Adjourned till 9th 2d month, 85.

At a Councill held at Philadelphia The 9th ofthe 2" month, 1685.
present:
TFIOMAS LLOYD, Presid'.
Tho: Holmes, John Cann, Phin. Pemberton,
Jno. Symcock, Nich. Newlin, Chr : Taylor,
Wm. Wood, Luke Watson, Peter Alrichs.
Wm. Clarke, Tho. Janney,
This day the Law past by this board to be permulgated, were read
a second and third time and past, N. C.
Ordered that when Samlf' Carpenter hath his Comission to appoint
a Collector in New Castle County, that there shall he Care taken to
Satisfie those that Watcht in y8 fort by y8 Gov™ Order.
Ordered Vnanimously in Councill, that Each County in this Pro
vince & Territories in their publick Assessm', advance w'ball Expe-

PROVINCIAL COUNCIL. 79
dition the sum of tenn pounds, w80 they all agree to be Raised for Rich-
ard Ingelo, Towards his Attendance and servise in Councill.
Adjourned till 25,n 2d month, 85.

At a Councill held at Philadelphia The 25th of y8 2d month, 1685.
present:
THOMAS HOLMES, Presid'.
Wm. fframpton, Luke Watson, Jno. Barnes.
The Petition of Jno. Butterworth being read, as also the annexed
Letter from Tho : Olive, Deputy Gov" of West Jarsey, whereby the
said Butterworth Complained unto the Justices ofthe County of Phila
delphia, for his Wages due unto him from Henry Patrick, Comender
of the Ship Dispatch of London, for four months Wages, Ending y8 5a
of y8 first month Last, at y8 rate of twenty-eight Shillings sterling
money of England p. month, amounting to Seaven pounds Currant
money of this Province, and y8 same after severall Demands refused
to be payd by y8 said Henry Patrick; and Wheras, y8 said Justices
ofy8 Peace have recomended the State of y8 Case ofthe said Petitio"
to this board, that so he might not perish, or be a Charge to this
Province for want of his Just Wages.
This Board upon Consideration had of the premises, have thought
fit and doe hereby Order the Justices of the peace for the towne of
New Castle, or any four of them, by Sumons or Warrant, to send
for the said Henry Patrick, whether on shore within their said Pre
sinkt, or on board of his Ship, Over against the said presinkt in the
River Delaware, and to Cause him to make payment of ye aforesaid
sum to the said Butterworth or his assignes, or Otherways to give
Security for y8 paym' thereof in such reasonable time as you shall
see meet in you discretion, Unless he, the said Henry Patrick, can
Legally make it appear before you that he hath paid y8 said Butter
worth any more towards his wages then he alledgeth due to him, or
that he can give you satisfaction why he aught not to pay y8sd wages.
Adjourned till y8 28'" 2d Mo., 85.

At a Councill held at Philadelphia y° 28:" 2/ Mo., 1685.
present:
THOMAS HOLMES, Presid.
Chris. Taylor, Luke Watson, Jno. Barnes.
Wm. fframpton,
Wm. Dareing's Petition was this day read.
Wheras, a Petition was this day by Wm. Dareing, Master of y°
Ship Wrenn, Exhibited to this board, thereby alledging and setting

80 MINUTES OF THE
forth that Jno. Harrison, seamen, Geo. Ambler, and Tho. Pringle,
Servants belonging to y° said Ship, were at y8 Last Prov" Court held
at New Castle, Ordered and Sensured to pay tenn pounds seaven
Shillings for a hogg, Valued at One pounds three Shillings, besides
two of them to be Whipt, and y8 said master Complaining of y8 said
Santence of Court to be Severe, and Contrary to Law, hath Petitioned
this board to have the Execution of y8 said Sentance suspended.
Upon Consideration had of y8 Allegations in y8 sd Petition, It is Or
dered y' y8 Execution of y8 sd Sentance be suspended, and y' y8 Jus
tices & Sherriff of y8 Town of New Castle are hereby Impowerd
to suspend the same accordingly, untill y8 Prov" Judges doe returne
to this Towne, and y8 Councill have Conferd with them, and thereby
receive a full and Clear account & understanding of this matter, for
w80 this shall be to you and Every one of you your Sufficient Want'.
Adjourned till y8 11th 3d Mo., 85.

At a Councill held at Philadelphia The 1 llh of The 3d month, 1685.
present:
THOMAS LLOYD, Presid'.
Thorn. Holmes; Jno. Cann, Wm. Southersby,
Chri. Taylor, Wm. Darvall, Wm. fframpton, '
Jno. Roads, Jno. Barnes, Wm. Wood.
Luke Watson,
The Presid' having acquainted y8 Councill from York ofthe Death
of our Late Soveraign, King CHARLES the Second, and of y8 Pro-
claming of James, Duke of York & Albany, JAMES the second of
England, Scotland, france & Ireland, King; and having read a Coppy
to this board of y8 printed account of King Charles y8 Second's Death,
with the Declaration of the Lord's Spirituall and Temporall of the
realme of England, w'° those of the Privy Councill, the Lord May',
Aldermen and Cittyzens of London, with y8 present King's Speach,
Thought it their Duty, and unanimously agreed that y8 said papers
be Solemnly read in y8 psents of y8 Representatives of y8 freemen of
this Province & Territories, before the Gov™ Gate, in y8 Towne of
Philadelphia, and that the paper drawne in Councill for y8 Publica
tion of King JAMES the Second, w'h y8 aprobation of y8 Assembly
men, be read accordingly, by Such a Person as y8 Councill shall
appoint. The Council! thought fit not to proceed upon any affair in a Le
gislative Capassity, untill such as the Publication of King James y8
Second be Over.
John Roads was this day attested to Keep Secret y8 Debates of
Councill. /
Adjourned till f 12 3d Mo., 85.

PROVINCIAL COUNCIL. 81
At a Councill held at Philadelphia The 12'" ofy8 3d Mo., 1685.
present :
THOMAS LLOYD, Presid'.
Tho: Holmes, Phiri: Pemberton, Wm. fframpton,
Wm. Wood, Jno. Barnes, Wm. Southersby.
Jno. Symcock, Peter Alrichs, Wm. Darvall,
Chri: Taylor, Jno. Cann, Luke Watson,
Tho. Janney, John Roads, Edw. Greene.
Ordered that Richard Ingelo, Clark of the Councill, read the fol
lowing Publication of KING JAMES the Second of England, &c.
this day at the 9th hour.
PENNSILVANIA :
Wee, the President and Prov" Councill, accom
panied w*" the representatives of y8 Freemen in Assembly, & Divers
Magistrats, Officers, and other Persons of note, doe in Duty, and in
Concurrance with our neighbouring Provinces, Solemnly Publish and
Declare that James, Duke of York and Albany, by the Decease of
our Late Sovereign. Charles the Second, is now become our Lawfull
Leige Lord and King, James the Second of England, Scotland, France,
& Ireland; and (amongst others of his Dominions in America) of this
Province of Pennsilvania and its Territories KING ; To whom Wee
acknowledge faithfull &, Constant Obediance, hartily Wishing him a
happy Raign, in health, peace & prosperity.
AND SO GOD SAVE THE KING,
These Names following were Subscribed :
THO: LLOYD, Presid'.
Tho : Holmes, Peter Alrichs, * Jno. Symcock.
Chris : Taylor, Wm. Darvall, Jno. Cann,
Phi. Pemberton, Luke Watson, Wm. Wood,
Wm. Frampton, Jno'. Roads, Tho. Janney,
Wm. Southersby, Edv/ Green, Jno. Barnes.
Richard Ingelo, Cl Concy Appointed for a Comittee Jno. Symcock,
Wm. Wood, Jno. Cann, Phi: Pemberton, Wm. frampton and Tho.
Holmes, to receive proposalls from the Assembly.
Peter Alrichs desired Leave of this board to goe to Birlington, w*
was granted him.
Ordered that a Bill Concerning the Continueing the Old Laws be
given to y8 Assembly.
' Adjourned into a Comittee till y8 13,h 3d Mo., 85.

The Comittee Mett With others of the Members The 13th 3dMo.;
1685.
THO : HOLMES, Chairman.
The Speaker of the Assembly attended with Abram Man.

82 MINUTES OF THE
Jno. Hill & Henry Baker were Sent from the Assembly to propose
to this board that they desire that y8 Stile of y8 Promulgated Bills
may be according to Charter.
The Comittee have Considered the matter, and make this Report
to y8 President & Councill: that it is both Convenient &?safe to have
the Law to be passed to be according to Charter.
The President and Councill grant that the Stile to y" preamble of
yE Promulgated Bills shall be according to Charter.
The Petition of Jno. Mackeney was read; the Councill are not In
clined to grant a Lycence but where there are Conveniences for
Entertainm'. Wm. Berry & francis Standfleld Sent from y' Assembly to desire
a Conferance, which was Complyed with.
The Petition of Wm. Dareing being read'; Cornelius EmsoB. &
James Rades being attested, gave in their Evidence in Writing Con
cerning it, wcl1 remains on the file.
Ordered that y8 Clark of y8 Councill deliver to y8 Speaker 3 bills,
No. 3, 4 & 5, w* was done.
Adjourned till y8 14 3d Mo., 85.

The Comittee being Mett y8 14th 3d Mo., 1685.
Two of the Memb. of Assembly attended this Board w"1 amendm''
on the Bill of ffineing Justices from five pounds to five shillings.
The Comittee doe desire the Assembly to .Weigh & Consider the
reasons given for passing this Bill as it is, as you may Informe them
fully. Phi. Pemberton Informed the Comittee of the Indians killing their
hoggs at the Falls: agreed that Care shall be Taken in it.
The Petition of Jacob Lassere & Jacob Pellison was read, but not
being according the act of Naturalisation in its Stile, the advice of
the board is that it should be accordingly amended, and it shall have
it respectfull Notice ; which was accordingly done.
Three of ye Members of Assembly attended this board, and desi
red that y8 Bill No. 3 might be reduced from five pound's to thirty
Shillings, and y8 Bill No. 5, from twenty Shillings to tenn. This
Board reced the Bills with amendm'".
Two of y8 Memb™ of Assembly attended this board, desireino- more
bills. Ordered that ye Clark deliver to them the Bills No. 6, 7, 8.
Adjourned till 5 o'Clock afternoon.
post meridiem.
The Comittee being Mett:
Tho. Usher and Jno. Blunston, Members of Assembly, attended
this Board with the 6"' Bill, desireing this amendm', Viz' : to Incert
these words, to y8 wrong of his Neighbour or any other Person, after
y8 word Land Marke.

PROVINCIAL COUNCIL. 83
Agreed y' it should past with that amendm'; also, they were or
dered to desire more Bills.
Ordered y' the Clark deliver to them the Bills No. 12, 13,
The Petition of Charles Pickerin was read, and it is y8 sence of
this board that the Petion' in reference to privileges and ffreedom,
Stands m an Equal Capacity with other Persons of his Station in this
Province, &c.
Adjourned till 15"1 3d Mo., 1685.

At a Councill held at Philadelphia The 15"''3a Mo., 1685.
i PRESENT :
THOMAS LLOYD, Presid.
Tho. Holmes, Jno. Barnes, Wm. Darvall,
Jno. Symcock, Chris. Taylor, Edwd Green, '
Wm. fframpton, Jno. Cann, Phin. Pemberton,
Jno. Roads, Nich. Newlin, Tho. Janney,
Peter Alrichs, Wm. Southersby, Luke Watson.
The Speaker, w"1 three more of the Assembly, attended this board
with three Bills, Viz': y8 12, 13, 14, for Amendm"; Agreed they
should pass w" Amendm8.
Adjourned till 4 of y8 Clock Afternoone.
post meridiem.
The Presid' & Councill being Mett :
Two of the Members of Assembly attended this board to desire a
Conferance, which was agreed to.
The Declaration of the freemen in Assembly against Nich. Moore,
one of their Members, that he should be removed from all his Offices
of Trust and Power in this Province & Territories, wcb Declaration
was read and Ordered by this board to be recorded, wch is as fol
lowed :
The Assembly's Declaration against Nich. Moore, presented May
15^, 1685, to y8 President and Prov" Councill in ye Councill Chamber,
by the Speaker & Members of the Assembly :
For the Speedy redress of divers Evils & Mischiefs wcn this Pro
vince and Territories now Labour under, & for y8 preventing the far
ther growth and Increase of y8 same, & to the honour and Safety of
the Gov" and Governm' of this Province & Territoris, and by good
& Welfare of y8 People thereof, the freemen in Assembly now mett,
doe by this their bill, shew & Declare against Nich. Moore, Pryor
Judg and member of Assembly of y8 Province of Pennsilvania, &c.
The Misdemeanors, Offences & Crimes, and Other Matters Comprized
in the Articles following ; and him, y8 said Nich. Moore, doe accuse
of the said Misdemeanors, Offences & Crimes.

84 MINUTES OF THE
1st. The said Nich. Moore Assumeing to himselfe an unlimitted &,
Arbitrary Power beyond the Prescription or Laws of this Governm',
hath presumed of his owne Authority, to Send Unlawfull Writts to the
Sherriffs, and to ascertain and appoint Ihe Time of y8 Prov" Cirquits
without the Direction & Concurrence of y8 Prov" Councill, wherby
the time of their Sessions hath been Antisipated, the Severall
Countys being Surprized by the Shortness of their Warning, and
thereby being Impossible to give due Sumons according to Law,
Either of Jurys, Wittnesses, or Persons Concerned, whereby some
Persons have been forced to Irregular Tryalls, and Others absolutely
denyed Justice.
2dly. The said Nich. Moore, Judge, having that high Trust Lodged
in him for the Equall Distribution of Justice, without respect of Per
sons, the said Judge Sitting in Judgem' at New Castle, hath presumed
to cast out a person from being of a Jury, after y8 said Person was
Lawfully attested to y8 True Tryall of y8 Cause, thereby rending an
Innocent & Lawful Person Infamous in the face of the County, by
rejecting his attestation after Lawfully Taken, and Depriving the plan-
tif of his Just Right.
3dly. The said Nich. Moore, Sitting in Judgm', did in y8 towne of '
New Castle, refuse a Verdict brought in by a Lawfull Jury, and by
Divers threats & Menaces, and Threatning y8 Jury with ye same* of
Perjury and crim of their Estates, forced y8 said Jury to goe out so
often, untill they had brought a Direct Contrary Verdict to the
first, Thereby -preventing Justice, and wounding the Libertyes of y8
free people of this Province and Territories in the Tenderest point
of their Privelege, and Violently Usurping over ye Consciences of the
Jury. 4thly. The said Nich. Moore, although there was noe Lawfull sumons
according to Law for Partys Concerned to make preparation, did Ar
bitrarily reject and Cast out the Complaint of Jno. Wooters, in New
Castle Court, hereby not only Delaying but denying Justice to him,
coming in a Lawfull way to Demand it.
5thly. The said Nich. Moore assuming to himselfe an Unlimitted
and unlawfull Power, did, Sitting in Judgm' at y8 aforesaid Towne of
NewCastle, wherin two persons stood Charged in a Civil action,.
it being in its own Nature only Trover & Convertion, and y8 pretend
ed Indictm' raised it no higher, notwStanding the said Moore did
give the Judgm' of fellony, Comending the Defendent to be Publickly
Whipt, & Each to be fined to pay three fould, thereby Tyranizeing
over the persons, Estates and reputations of the people of this Province
and Territories, Contrary to Law and Reason.
6thly. The said Nich. Moore Comanding a Witness to be' Examin
ed, did by overawing & greatly Perverting y8 Sence of y8 Wittnesses,
Charge and Cpndamne the said Wittness to be guilty of Perjury, and
to suffer the paines in that Case provided, & by proclamation to be
for Ever rendred uncapable of being rectus in Curia in this Govefnm',
and also fined him, Contrary to Law.

*Fame or name.

PROVINCIAL COUNCIL. 85
7thly. And Wheras, the Wisdom of the Generall Assembly did
Conceive the Circular Courts would be their best Expedient for End
ing all kind of Differences whatsoever, the said Nich. Moore, at y"
Said Towne of New Castle, Comanding the records ofy8 former Cir
cular Courts to be produced, w8" ye said Moore reading, he did in the
Open Court, Censure the Judgm' of y8 preceeding Judges, by Saying
their Judgm' was not right, thereby Distracting y8 People betwixt di
vers and Contrary Judgm*8, and perpetuating Endless & Vexatious
Suits. 8thly. The said Nich. Moore, Sitting in Judgm' at Chester, did in
a most Ambitious, Insulting & Arbitrary way, reverse and Impeach
the Judgm' of y8 Justices of y8 said County Court, and Publickly af
fronting the members thereof, although the matter came not regularly
before the said Circular Court, thereby drawing the Magistrates' into
the Contempt of y8 people, and Weakening their hands in the ad-
ministration of Justice.
9thly. The said Nich. Moore being Chosen as abovesaid, to be
Judg of y8 Circular Court according to law, vr* obliges ye said Judges
both spring and fall, to goe their Cirquits ; and y8 said Nich. Moore
assuming to himselfe the power of appointing the Times, as he is the
pretended Chief Judg in The Province and the Territories thereof, hath
notwithstanding, Declined the two Lower Cirquits, toy8 great delay of
Justice and Breach of his Trust, & Mischief and Inconvenience of y'
free people ofy8 said Lower Countys.
lOthly. The said Judg Moore resolving to put no Bounds to his
Violence, Ambition and Oppression, hath, to y8 Dishonour ofthe Gov',
and Contempt of y8 Governm", Declared that neither he nor his Ac
tions are accountable to y8 Presid and Prov" Councill, by Despiseing
and Containing their Orders & precepts, and Questionning and De
nying their Authority, thereby Shrowding & Protecting himselfe in
all the aforesaid Violences, to the rendring the Misserys of the
Opressed Intollerable & perpetuall, to the Subversion of the most Ex
cellent frame of this Governm', and the raising himselfe above the
reach of Justice.
llthly. For all w86, and divers other High Crimes and Misde
meanors, the ffreemen in Assembly Mett, saving to themselves by pro
testation, the Liberty of Exhibiting now and any time hereafter any
further Charge and Accusation against the said Nich. Moore, doe now
Impeach the said Nich. Moore of all the foregoing Crimes and mis-
demean™, and humbly request the Presid & Prov" Councill that he,
the said Nich. Moore, may be removed from his great Offices & Trust,
and answer to the said Objected Crimes and misdemeanors.
JOHN WHITE, Speaker, in the Behalfe and
by the Order of the Assembly, now mett
in Philadelphia.
Tho., Holmes, Jno. Symcock, Wm. Darvall, Phin. Pemberton, are
desired to acquaint Judg Moore how that y8 Declaration aforemention
ed was presented by the Speaker & Members of Assembly this Even-

86 MINUTES OF THE
ing, and that the Councill doe request him to appear at y8 Councill to
morrow Morning, by the Seaventh hour.
Adjourned till y8 16th 3d Mo., 85.

At a Councill held at Philadelphia The 16* 3d month, 1685.
PRESENT :
THOMAS LLOYD, Presid'.
Tho. Holmes, Jno. Roads, Luke Watson,
Jno. Symcock, Wm. fframpton,. Edwd Green,
Tho. Janney, Phin. Pemberton, Jno. Cann,
Nich, Newlin, Jno. Barnes, Peter Aldrichs.
Wm. Southersby,
Jno. Blunstone & Tho. Usher Sent to this Board to desire a Con-
ferance : Ordered that they shall have notice from this board when
they are ready to Conferr w* them, they having some other Buisness
now upon them.
Adjourned till three of y8 Clock Afternoone.
POST MERIDIEM.
Mr. Man Complayning that a Prisoner was sheltered in the Gov"
house, The Presid' asked him whether he was taken into Custody by the
Order of this board or by the Assembly.
Abram Man, in behalfe of y8 rest, said they did it as their own
act; the Sherriff also being asked the Question, acknowleged the
same. Whereupon, the Presid' did disavow that this board did allow him
in any Kind. Quest" put to Patrick Robinson what Imediate
Power was used; he said the Warrant would show it, w* was read.
The Speaker & Assembly againe desired that the Declaration
against Nich. Moore, Pryar Judge, might againe be read, w8" was
accordingly done ; w8" Was without Direction to the Councill, nor
Subscribed by the Speaker or any of the Assembly, nor noe place
mentioned therein.
Adjourned till 18lh 3d Mo., 85.

At a Couapill held at Philadelphia y8 18°' of y83'kmonth, 1685.
present:
THOMAS LLOYD, Presid'.
John Cann, Wm. Southersby, Phin. Pemberton.
Jno. Roads, Wm. Darvall, Chris. Taylor
Lu. Watson, Nich. Newlin, Wm. Wood
Win. frampton, John Barnes, Peter Alrichs,
Tho. Holmes, Edwd Greene, Tho. Janney.
Jno. Symcock,

PROVINCIAL COUNCIL, 87
The Speaker, with ya Assembly, attended this board, & Declared
that they were abused by Pat. Robinson, who said you have drawn
up an Impeachm' against Pres' Moore at hab nab, for which the
desire satisfaction.
The Presid and Prov" Councill Takeing into Consideration the words
Spoken by Pat. Robinson, this board Concerning the Assembly, that
the Impeachm' against Judg Moore was drawn hab. nab. wcb Expres
sions of his wee doe unanimously declare to be undecent, unalowa-
ble, & to be disowned.
The Petition of Pat. Kenerly read, and he is referred to Tho. Holmes,
Wm. fframpton & Phin. Pemberton, to End y8 Buisness.
Adjourned till 4 a Clock in y8 Afternoone.
POST MERIDIEM.
The Presid' & Prov" Councill being mett :
Wm. Darvall desired leave to goe home, he having Extrordinary
Buisness, wcb was granted.
The Speaker with the Assembly, Attended this board to mage good
their Allegations against Nich. Moore.
In proof of y8 first Article, Especially The first Branch thereof,
Viz' : That is persciving to Send unlawfull Writts to the Sherriffs, &c.
The Speaker, by Consent and in behalfe of y8 Assembly, assertains
that Judg Moore's his Writt for holding a Prov11 Court at New Castle,
came to the Sherriff's hand but six days before the perfixt day for
holding the Court, and by his Writt he Comands the Sheriff to Sumons
all Lords of Mannors & Justices to attend the Prov11 Judges, and
forty Eight freemen for a grand Jury, & twenty-four for a Petty
Jury; Jno. Cann declares the same; Tho. Usher declares that the
Sherriff of Chester County had no time but five days before the Court
was held.
for proof of the Second Article :
They Desire the Benefit of James Reads' Testimony, formerly
given in.
Jno. Cann, a Memb. of Councill, declares to y8 best of his know
ledge, that upon y* Objections of y8 Defend'8, y8 Court Yielded that be
fore the said James Reads was attested, he should be layd by, but
notwithstanding, through some Omission, after he was attested he
was laid by.
for proof of y8 third Article :
John Cann further declares that he was in Court upon this Tryall
when y8 Jury came in, who being asked by Judge Moore whether
they were all agreed, he thinks they sayd they were all agreed, he
is not certaine ; and y" Jury being asked what was their Verdict, they
said Eight pounds : the Judg asked them what they meant by it : they
said they found Eightpounds for the Plaintiff: Judg Moore urges there
upon,, what is Eight pounds in Comparison of five hundred pounds al-
ledged in the Declaration, and further said to y° Jury, this is noe Ver
dict, you most goe out and finde according to Evidence, or Else you
are all perjured Persons :
Whereupon they went out, and brought in their Verdict the next
morning for the Defendant, w,b Costs of Suit.

88 MINUTES OF THE
Jno. White Speaker, Declares fully w"1 Jn° Cann, but further Saith
that the Jury being asked by Judg Moore' whether they were all and*
Every One agreed, & being thrice asked, they did declare they were
Every One agreed, and notwithstanding, he said they must bring in
an Other Verdict.
Edwd Green, a Memb. of Councill, declares that he was in Court
also when y8 Verdict upon y8 Tryall of Abram. Man, Plantif, and
Edmd Cantwell, defendant, and upon the Jury's giving in their Ver
dict of Eight pounds; Wherupon Judg Moore said it was no Verdict,
but they must finde y8 Verdict according to Law & Evidence, soe he
Sent them out, and they came into Court next morning, and after the
Judg had admonished them, he asked if they were all agreed, and
they said not; and he sent them back againe, requiring them to bring
in their Verdict according to Law & Evidence : They went out againe
and brought in for the Def, w"1 Costs of Suit: Wheras, it is Omitted
in y8 first part of this Evidence upon y8 Jury's first Coming in, y8
Judge asked if they were all agreed, and they said they were alt
agreed, and they finding Eight pounds for the plan', the Judge ask
ing them who they found Eight pounds for, they said for y8 Plantif.
Adjourned tilly8 19lb 3d month, 85.

At a Councill held at Philadelphia The lg* 3d Mo., 1685.
PRESENT :
THOMAS LLOYD, Presid.
Tho : Holmes, Nich. Newlin, Luke Watson,
John Symcock, Jno. Cann, , Jno. Roads,
Wm. Wood, Tho : , Janney, Jno. Barnes,
Wm. frampton, Phin: Pemberton, Pet' Aldrichs.
Wm. Southersby,
The Speaker and y8 Assembly attended this hoard.
The Presid & Councill having reced from y8 Managers nominated
by the Assembly, what proof they though well to offer to y8 three first
.Articles, which Managers are y8 Speaker, Abram. Man, Tho : Usher,
Jno. Blumstone, Wm. Berry & Sam" Gray, these Persons were Con
tinued Managers for the proof of y8 whole Exhibited Articles by their
Own Order.
As to y8 fourth Article being not so Intelligably Worded to the ap
prehension ofy8 Councill, y8 Assembly requested by their managers
that a further Explainter Sence might be admitted.
As to y8 fifth Article, they urge a Record from under the Clarke
ofthe Circular Courts hand, and in the whole say, that y8 proof of
the Intended Indictm' was false.
As to y8 sixth Article, Jno. Cann Declared that Judg Moore Seem
ing by a Threatning word, Called Jno. Harrison to be an Evidence
against Tho: Pringler & Geo: Ambler, he demanded of Harrison to
declare what he knew Concerning the hogg in Question: The said

PROVINCIAL COUNCIL. 89
Harrison Declared he knew nothing of the taking of y* hogg for he
was at Philadelphia at y8 same time: upon severall Other Questions
asked him whether he had seen or Eat any of it,, he Declared he had
both Seen and Eat: upon that y8 Jury had this in Charge, the Judge
telling them it was perjury, they accordingly found the Person Guilty
of Perjury.
As to the Seaventh Article, Wherin Judg Moore is accused of
Judging ofy8 proceeding' of y8 foregoeing Court Circular.
As to the Eight Article, Jno. Blunstone, Tho: Usher and Geo. Ma
ries, Justices ofy8 Peace for the Cotinty of Chester, declared That
Sitting in Judicature in Chester County Court, upon an Action, Den?
nis Rochford being Plant. & Jno. Hickman Def, that after Judgm'
regularly obtained in that Court by y8 aforesaid' Plantiff, against y8
Deffend', an Execution was granted &• y8 Dfef ' Taken thereby : Yet
notwithstanding y8 said Nich. Moorer upon a Bare Petition of y8 said
Defend', he Vacated y8 Judgmtand discharged y8 Prisoner ; also the
said Judg Moore did arbitrarily take upon himmeerly by a Petition,
to Reverse a Judgm' Duly Obteinedin y8 County Court of Chester, by
Tho : Withers, plantif, Wm. Taylor, Defend' ; this was done by y8
said Judg Moore y8 18 2d Mo., 1685 Last,
As to y8 ainth Article, Sa*nu Grey and Jno. Hill allege it is apa-
rent that Nich. Moore was bound in Duty to goe to y8 Lower Coun
tys, to Keep the Spring Prov" Court, yet notwithstanding, Declined his
Duty, to the Manifest Rewin & Disappointm' of Severall ffreemen.
As to the tenth Article, Wherby they Suggest severall' Contemp
tuous <$• Derogatory Expressions Spoken by Judg Moore of the Prov"
Councill and ofthe present State of Governm' by Calling- the Memb.
thereof fooles & Logerheads, and said it were well if all the Laws
hadDrapt, and that it would never be good Times as Long as y8 Qua
kers had the Administration.
Wm. Carter, & Robert Clifton & Sam" Grey, declare that Nich.
Moore advised them to proteste against y8 Last Promulgated Bills.
Upon y8 Reading Over y8 Declaraon before y8 Prov" Councill by
. the Assembly, against Nich.Moore, and their Allegations for proof of
their Articles being received by y8 Clarke of y8 Councill, the Assem
bly Moved that y8 said Nich. Moore might be removed from all places-
of Trust and Power-.
The Speaker being asked if they Came as an Assembly or a Co
mittee, they said they Came as an Assembly.
Upon the Peruseing of y8 allegations and Testimony s given in by
the Memb. of Assembly, with some of y8 Councill, in Order to prove
and to make aparent y° Charge Exhibited in the Articles against Nich..
Moore, one of the Prov" Judges,.
The Councill Unanimously agreed and Ordered that Express notice
shall be given, with all dispatcht be sent to him to signifie thesence of
this board, and that he make his appearance before ye Presid and
Prov" Councill in the Councill Chamber, at three of y8 Clock this af
ternoone; being the 19 Instant.
The Assembly Presented a Petition to displace Patrick Robinson
from any Office 'of Trust & Profitt, Which Petition was read, & shall
be weightily Considered and' answered.
b 8*

90 MINUTES OF THE
The fifteens Laws were this day read, and twelve of them were past
in y8 Affirmative and three in the Negative.
Adjourned till y8 28,b3d Mo., 1685.

At a Councill held at Philadelphia The 28'" ofthe 3d Mo., 1685.
PRESENT :
THOMAS LLOYD, Presid.
Tho: Holmes, John Barnes, Wm. Frampton.
A Letter from Proprietary Penn was read, Authorizing the Presi
dent & Prov" Councill to Constitute Capt. Wm, Markham, Secreta
ry of y8 Province & Territories, and also the Prop0™ Secret17, and to
make Voyd all other Comissions, if any be.
Jacob Pellison & Jacob Sessarys, in Persuance of their Petion and
former Order of Councill, it was referred to y8 Presid' to signe y8
same, they Subscribeing their Names to a Declaration Dischargejng
themselves according to Law.
In Complyance w^fee Gov™ Instructions, Ordered that a Comission
be drawn to Comissionate Capt. Wm. Markham, Secretary of y8 Pro
vince & Territories, & also Secretary to y8 Prop0" and Governor.
Instructions Sent to Capt. Wm. Markham, that he in Conjuncktion
with the rest of y8 Magistrates of y8 towne & County of New Castle,
to proclame James the Second King of England, Scotland, france and
Ireland, &c.
Adjourned till 2d 4"" Mo., 85.

At a Councill held at Philadelphia The 2d 4"1 month, 1685.
PRESENT :
THOMAS LLOYD, Presid.
Jno. Symcock, Wm. frampton, Wm. Markham.
Wm. Clarke,
Wm. Haigue requesting a Speeiall Court at New Castle: granted
and Ordered that a Comission be drawn.
Ordered that Speedy notice be Sent to Judg Moore by the Clark
of y8 Councill, that he Desist & Cease from further A*cting'in any
place of Authority or Judicature, till the Articles of Impeachm'
Exhibited against him by the Assembly be Tryed, or Satisfaction be
made to this board.
The Petition of the Assembly against Patrick Robinson being deba
ted of m Councill, upon the Consideration and perusall of y8 same, Wee
doe Conclude that he cannot be Regularly removed from his Clarcke's
places or Office till he is Legally Convicted of ill fame, and those
Crimes & Misdemean™ alleged against him, which was presented to

PROVINCIAL COUNCIL. 91
this board by John White, Speaker, in behalfe ofthe Assembly ; and
after such Conviction, it is resolved that he shall be readily Dismist
from any Publick Office of Trust in this Government.

At a Councill in the Councill Rooms at Philadelphia y° 11th of y8
4'" month, 1685. PRESENT :
THOMAS HOLMES, Presid'.
John Barnss, Wm. Markham, Secre.
The Presid' ord" that a Warrant be made for y8 Sumonsing of
Joseph Massie, Master of y8 Grayhound ffly boat, to appeare before
the Presid' and Councill, to answer the Complaints made by passin
gers that Came in his Ship from England and Ireland, as well for
detayning or *Imbellishing Severall goods Shipt on board his said
fly boat for this Province.
Adjourned till fiirthsr Order.

At a Councill in the Councill Roome at Philadelphia The 13lb 4*
month, 1685. PRESENT :
THOMAS HOLMES, Presid.
John Barnes, Wm. Markham, Secre.
The Petition of Zachariah Whitepaine being read, Ordered that a
Warrant be made for the bringing the families thsrin mentioned to
y8 Plantation of their Imployer, Viz: Zach. Whitepaine.
Adjourned till further Order. '

At a Councill held in y" Councill Rooms at Philadelphia, The 18"1
4'bMo., 1685. present:
THOMAS HOLMES, Presid.
Wm. Frampton, Wm. Markham, Secre.
The Petition of Franc. Richardson was read, desiring a Speeiall
Court in ye County of Bucks, was Granted to be held y8 28a Inst.
Adjourned till Tomorrow.

*Evidenfly Embezzling.

92 MINUTES OF THE
At a Councill in y8 Councill Rooms at Philadelphia, The 19"1 of
y8 4'° Month, 1685. present :
THOMAS HOLMES, Presid.
Wm. Frampton, Wm. Markham, Secre.
Rich1 Pittman's Petition against Joseph Master, Mr of the Ship •
Grayhound", being read, was Referd to y8 next County Court, or to
y8 award of Arbitrators Indifferently Chosen.
The Petition of Jacobus Fabrisius was read, requesting the Keep
ing an ordinary : Answered they dont think fitt to grant y8 Petitioner's
Request. The Petition of Humph. Davenport in behalfe of Gabriel Minveale,
March', of New York, y' wee would grant him a Speeiall Court to
deside Differences between y8sd Minvielle and Jno. Royer and Eliz.
Ogle, y8 Relict of Jno. Ogle, both of New Castle County, was grant
ed to be held on y8 25th Inst., at New Castle.
Adjourned' till further Order.,

At a Councill in the Councill Roome at Philadelphia, y8 3d 5th
month, 1685. PRESENT :
THOMAS HOLMES, Presid.
Chris. Taylor, Wm. Markham, Secre.
The Petition of Joseph Massey being read, Craveing a Speeiall
Court, was differd till to-morrow.
The Councill adjourned till to-morrow, 8 in y8 Morning.

At a Councill in the Councill- Roome at Philadelphia, The 4lh of v8

5* Mo., 1685, PRESENT :
THOMAS HOLMES, Presid.

Wm. F^pton, **" ' "^ Wm' M*^™> S^
riSfrpfi 3T?t MaSS6y b6ingJ againe read> desirei"g a Spe-
day,beingthe W" ^ ***** * ** ^ °D ? ™* th»d
• uK^l0,11 °/ Humphrey Davenport on behalfe of Gabriell Min-
^nMfS'vf N"W T^' rtqU6Sting a SPecia11 CouSy8 Coun.
rinst P ' S l° ^ heldy° next Third day, being y°

PROVINCIAL COUNCIL. 93
Information being given to this board of, y8 unlawfull Marriage of
Rd Noble, of y8 County of New Castle, Ordered that y8 Justices of
that County have notice given by y° Secrt"8, to Inspect the same, and
give Report thereof to this board.
The Petition of John day and Rd Orme, desireing a Justice of y8
peace might be mads at y° oper end of the Towne, was read.
The board reply'd they would take it into Consideration.
Motion being made to this board of a Necessity of a Comission for
a Sherriff for Bucks County,
Ordered that Nich. Walne have Comission for y8 same.
Ordered that George Martin have a Comission for Sherriff of Kent
County. The Petition of Richd Ingelo Concerning his money due to him from
y8 Governm', was Read.
Ordered y' the Secretary make application to y8 Comiss™ Impow-
red to dispose of Land, to Grant y8 said Richd Ingelo Eight hundred
Acres, for w8" Each County will Pay the Gov' fiveteen pounds, all
w* will be ninety pounds, the w8" ninety pounds, and sixty formerly
payd, will be in full satisfaction of all accounts with him.
The Petition of Wm. Daring being read for y8 Release of his Serv"
out of New Castle Prison,
Ordered y' the Seeretary Issue forth a Warr' to y8 Sherriff of New
Castle County, to, deliver the said Serv18 to their Master, Capt. Wm.
Dearing, he giving under his hand for their appearance before y8
Councill the 7"1 Inst., and that y8 Sherriff give notice to Hanse Peter
son to be here also.
Ordered y' y8 Secretary send to y8 Sherriff of New Castle County,
to Summonss y8 Councellors that one of them be at Councill y8 lO1"
Inst, by nine in y8 morning.
The Councill finding occasion to have a watch kept in this towne,
Ordered that it be recomendsd to y8 Justices of this Towne to take
care of y8 same.
Adjourned- till y8 10th 1st. by nine in y8 forenoone.

At a Councill held at Philadelphia y8 10th of ye 5'b Mo., 1685.
present:
THOMAS HOLMES, Presid.
Chris : Taylor, Wm. frampton, Wm. Markham, Sesre.
Adjourned till Three in y8 Afternoone.
POST MERIDIEM.
present:
THOMAS HOLMES, Presid'.
Chris : Taylor, Wm. Wood, Wm. Southersby,.
John Cann, Wm. Frampton, Wm. Markham, Secre.

94 MINUTES OF THE
The petition of Robt. Hutchinson Concerning the attachment of a
horse being read, is refered to y8 Benefit ofy8 Law.
The Petition of John Boult being Read, against Countrey butchsrs
brinoino- their meet to towne on other days than Marquett days: The
answer Referred till to-morrow.
The Complaint of Wm. Dsarihg, M' ofy8 Ship Wrenn of London,
against the Illegall proceedings of the Judges Nich. Moore & Rob1'
Turner, against his servants' at y8 Circular Court at New Castle, y8
l8' Aprill, 1685, being read, and Hanse Peterson not appearing accord
ing to y8 minutes of 4th Ins'.reply was made that John White appeared
for him; upon w8" John White was Called and asked if he knew
any thing Why Hanse Peterson did not appear before y8 Councill
upon warning given him by y8 Sherriff, at' w* he produced a letter of
Atturney from y8 sd Hanse Peterson for his appearance for him, and
after much dispute about Wm. Dearing's Complaint, it was proposed
that Patrick Robinson should be sent for to produce y8 Records' Con
cerning Capt. Dearing's men, wherupon Wm. Dearing produced a
Coppy of y8 same, as he had formerly gott from Patrick Robinson,
attested under his hand, w* was read; In wch there was mention
made of one John Hollingsworth that had taken severall Testemonies
or Evidences therein, to w0" both John Cann & John White declared
that there was no such psrson in ths Countrey.
John Whits mads ssvsral objsctions against that Record of y° Cir-'.
cular Court, as y8 manner of y8 Indictm' and' y8 Judgm*8 upon them,
hut they asked wether Hanse Peterson would be satisfied if he were
paid for y8 Single Hogg, he answered in yB Affirmative.
Then he was desired to withdraw: then the Councill began to Con
sider w' to doe ; some doubting his last answer, would have John
White Called againe, and being asked whether Hanse Peterson would
he Contented to have only y8 real! vall'ue of ons Hogg paid him for
all his demands, Viz' : twenty and three Shillings, he answered he
would ; then absented.
The Question being put whether the Sentence of y8 Judges against
Jno. Harrison, Tho. Pringle & Geor. Amble, Imprisoned for Hogg
steeling, should be remitted, it was past by y8 Major Vote.
Adjourned till 7th The next morning.

At a Councill held at Philadelphia y8 ll'b of y8 51" month, 1685.
PRESENT :
THOMAS HOLMES, Presid.
Chris: Taylor, Wm. frampton, Jno. Cann,
Wm. Southersby, Wm. Wood, Wm. Markham, Secre.
The Gov™ Comission to Impower y8 Councill to Chuse President
out of themselves, in y8 absence of Thorn. Lloyd, was Read : Ordered
to be Recorded.

PROVINCIAL COUNCIL. 95
The Question was put by the Presid, whether y8 Cause formsrly
depending between Hanse Psterson in behalfe of y8 King, Gov' and
himselfe, (so worded in y" Records of y8 Prov" Circular Court,) &
John Harrison, Tho. Pringle & George Ambler, w8" had a hearing
at y° last Circular Court held at New Castle, shall have a full hearing
at this board or not ;
It was agreed by all it should.
Ordered that y8 Secretary send a Warrant directed to y8 Sherriffs
of y8 four opper Countys, personally to summons all the members of
Councill for their respective Counfvs, to be at Councill on the
28th Inst.
Capt. Wm. Dearing Comand' of y8 Ship Wrenn of London, Inters
into recognizance of Twenty pounds for y8 bringing his two Serv*
John Harrison & Tho. Pringle, before this board y° 28th Ins', and from
thence not to depart till by order of y8 board.
Ordered f y8 Secretary Send a Summons to Hanse Peterson to
appeare in Person before this board y8 28lh Ins', upon y8 penalty of y8
forfeiture of one hundred pounds upon failure :
And that y8 Secret7 send an Order to y8 Sherriff of New Castle
County, to deliver unto Wm. Dearing his Serv18, Geo. Ambler, to be
brought before y8 Councill y8 28m Inst., y8 which Serv' was mentioned
to be delivered to his said Master by warr' from this board, dated
y8 4"1 5th month, 1685, as being one of y° Servants mentioned therein,
but was not delivered accordingly.
The Petition of Sam" Carpenter was read, Concerning an Execu
tion he had against Socyety and James Claypoole, being mentioned
therein, it being obtained at a prov" Circular Court Signed by John
Eckley, one of y8 Judges. James Claypoole was sent for and y8 Peti
tion was read to him, to wc" he made answer that he had appealed
to England, but Sam" Carpenter denyed it to be an appeale, since
there was no Security given. Jam. Claypoole made answer that he
was ready to give security. The Execution was ordered to be read,
the w8b being denyed by James Claypoole to be an Execution, Patrick
Robinson, y8 Clarck of y8 Prov" Circular Court, was sent for, who
produced the Records of the said Court, wherein y8 Judges allowed
an appeale to England upon Security given ; but no security being
given, a Judgm' was Issued out against y8 Society. Jam. Clay
poole dssired y8 Councill would take his Security. The Councill
refused, Denying it should be given out of that Court ye action was
tryed in.
Sam" Carpenter Complayning that ye Execution was signed but
by one of y8 Judges, Viz': Jno. Eckley, andy' Wm. Clark was y8
other Judge, and y' he had refused to sett his hand to it, notwithstand
ing he had given his Judgm* for it in Court.
Ordered y' the Secre. send a Summons to Wm. Clark to appeare
before this board y8 28'b Inst., to give his reason why he refused to
signeV Execution against the Society, he being one of y8 Judges of
that Court, and past his Judgm' in Court for it, or to send his rea
sons up under his hand, by y° aforesaid day.
The Petition of Wm. Southersby, who wish Wm. Berry were by

96 MINUTES OF THE
appointor* t)f ye Gov', administrat™ on ye Estate of francis Whitwell,
deceased, was read, Requesting the Councill would give them reasona
ble satisfaction for their paines and troubles ; and y' seeing y8 debts
are more then the Estate can bare, desires how the widdow shall be
disposed off, and whether any of the Estate may be reserved for
her. Answer: When y8 accounts are brought in y8 Councill will Con
sider of it.
Adjourned till y8 28'" Ins'.

the 21 tt of y8 5th month, 1685.
Severall Indians made Complaint to y8 Secre of abuses they receiv
ed from y8 servants of Jesper ffarmer, at y8 said Jesper ffarmer's
Plantation, Viz': their makeing y8 Indians drunk, then Lying with
their Wives, and of their beating both men and their wives. The
Secretary tould them by the Interpreters, Lacy Cock, that y8 Coun
cill would sitt on y8 28"1 Inst., and desired they would be there then,
and y8 Serv'1 should be sent for ; but they telling him they could not
Stay so long from hunting, but desired it might be on y8 24*° Ins', and
then they \vould taulk about ye Land not yett bought. The Secre
tary Sent a Summons to y8 Serv1" by y8 Sherriff, to appeare y8 afore
said 24lb day, dated y8 21st Ins', and likewise sent a Lett' to Capt.
Holmes, Presid' of y8 Councill, to acquaint him of it, date y8 22d
Ins', sent by y8 Sherriff to Capt., Holmes' plantation.

The23,bofy85,b Mo., 1685.
Capt. Wm. Dearing, M" of y8 Wrerm of London, desired of y8
Secret7 two Summonses, one for Robert White, y8 other for Rob'Rob-
erts, to appeare before y8 Councill y8 28th Ins', as witnesses on his
behalfe, in y8 differance between his serv*8 and Hanse Peterson ; was
done & Entered.

The 24th ofy8 51" Mo., 1685.
Wm. Haigue Request y8 Secret*7 that a hue and Cry from East
Jersie, affer a servant of Mr. John White's, March' at New York,
might have some force and authority to pass this Province & Terri-
toryes; the Secretary Indorsed it and Sealed it with y8 Seale of y'
Province,

PROVINCIAL COUNCIL. 97
«
The 27lb 5Ul Mo., 1685.
The Indians* yr made Complaint against Serv" of Jasper farmer,
on y8 21*b Ins', and appoynted y8 24,h for a hearing before y8
Councill, the Indians mistooke y8 Day, & came not till y8 25th Ins',
and y8 Sherriff Messenger, with y8 Summons to Jasper farmer's Ser
vants, Loosing his way in y8 woods, returned without Summonsing
them to appear, upon both w* Disappoyntments, the Indians Conclu
ded to appear y8 28 Ins', and accordingly y8 Secretary sent a Sumons
to John Skull, overseer to Jasper ffarmsr's Serv", for him and y8 Serv"
to appeare, Especially John Below.

At a Councill in the Councill Roome at Philadelphia y" 28th
5th Mo., 1685.

THOMAS HOLMES, Presid'.
Wm. fframpton, Jno. Cann, Nich. Newlin,
Jno. Symcock, Tho : Janney, Wm. Markham, Secre.
Maj'. Dyer Came to y8 Councill, and tould y' he presented himselfe
before them according to his Instructions to take an oath, as that had
directed him to doe before he Entred into his Office of ye King's Col
lect' of his Customes in Pennsilvania, and turned to y' Clause in his
Instructions & y8 Secret"7 read it to y8 Councill, with his Comission
from y8 Comiss™ of y8 Customes, and y8 Coppy of y8 Lords to them
to grant it, Coppys of wcb both were left.
The Councell tould him it was against their methods to take an Oath,
but if he pleased to be attested, according to y8 Laws of the Province,
they would attest him: he made answer, he understood that, before,
and Expected no otherways, for it was what he had done in East
Jarsey. Then he was attested thus :
Thou dost Solemnly declare in y8 Presents of God, and before this
board, that thou will truly and Justly performe ye office of y8 King's Co-
lect' of his Customs in y8 Province of Pennsilvania, according to ye In
structions he Received from y8 Comiss'5 of his Majesty's Customes.
Maj'. Dyer produced a Coppy of y8 King's Proclamation Concerning
the Plantion trade, wch was read and left with ye Councill.
His Comission for Survey" Gen" of his Maj18 Collonys and Planta
tions in America was read, and ye Coppy Left.
Then was Read Maj". Dyer's Instructions both for Survey' Genall of
all his Majts Collonys & Plantations in America, & for Collec*' of Ca-
saria, Pennsilvania and New Jarsey. In one Paragraph of his In
structions for Collector, he was directed to leave the Coppy of them
w"1 y8 Gov', for w8" he desired at present to be excused, he being in
great haste goeing to New Yorke, and they would take up much time
Coppying, but Intended shortly here againe, then would present them
with one.

98 MINUTES OF THE
Maj'. Dyer brought with him before y8 Councill one Christopher
Snowden, telling them that he intended to make him his Deputy Ser-
cher and Wayter of his Maj'8 Customes in Pennsilvania, and desired
he might be attested accordingly, to performe his office as usuall, w8"
was don.
, A Letter from Wm. Clark, no date, in answer to a Summons sent
to him baring date y8 11th 5 month, 1685, was read.
Sam" Carpenter being present, who desired y8 Opinion of y8 Coun
cill whether James Claypoole ought now to give in Security and ap
peale for England or not: if he ought* he desired it might be done
forthwith, for there he said he hoped to have some redress ; or if of y8
Contrary opinion, begg'd that he might have Speedy redress here.
Then Sam11 Carpenter was asked whether any body had Refused to
Execute that Execution: answered no, for he had not tryed any with
it yett. Then y8 Councill gave their Opinion that Wm. Clark's- letter Con
firmed y8 Execution, he only objecting against y8 Wording it, the w80
in his Sense, seemed to be as well against James Claypoole as against
y8 Goods ofy8 Society, w88 to them appeared otherwise, Viz': that
James Claypoole was only mentioned therin as y8 Person y' managed
y8 Cause for y° Society.
Sam" Hersent, yB Sherriff, being at y8 Doore, the Councill Called
him in & asked him if he refused to serve y8 Execution of Sam11 Car
penter against y8 Society; who made answer he never saw it.
John Skull appeared with ye Servants of Jasper ffarmer, according
to a Summons bearing date y8 27lh Inst., but y8 Indians being drunk in
y8 woods, & the Servants declaring they were affraid to goe home
before y8 Buisness was Ended, y8 Councill ordered they should Stay
in Towne till y8 next day, when y8 Indians were to be in Towne to
Receive pay for y8 Land bought of them.
Adjourned till Three in y8 afternoone.
POST MERIDIEM.
PRESENT :
THOMAS HOLMES, Presid.
Wm. fframpton, Edwd Green, ^ich. Newlin;
Jno. Symcock, Jno. Barnes, Wm. Markham, Secre.
John Cann, Tho. Janney,
Wm. Dearing being called, desired leave of the board that Charles
Pickerin might speake for y8 Servants, w00 was granted. The Councill
requested y y8 Secretary give, a Comission to Sam11 Carpenter, By v8
Virtue of his Comission to be Deputy Threasurer.
A Letter was Read by y8 Presid, Directed to him from John Rich
ardson , desireing Capt. Holme to Recomend him to y8 Councell to be
High Sheriff of Kent, m the Roome of Rich. Micheall, lately deceased,
but was refused by all.
A Letter was Read directed to y8 Councill from John Brinklow,
Wm Clark, Wm. Berry and Wm. Wimsmore, Recomending Geo
Marton for y8 place of High Sherriff of Kent County, in y8 roome of

PROVINCIAL COUNCIL. 99
Richd Miclieall : Consented to, & Ordered that a Comission be drawne
accoidingly, to be in force a Yeare, or till further Order.
Ordered that Richd Ingelo bring the Bookes, w'" all y8 papers rela
ting to y8 Minute or Journall of this Councill. or that any wayesCon-
cernes us.
The Buisness of Wm. Dearing's Servants and Hans Peterson being
called, Appeared Wm. Dearing, Hanse Peterson, and y8 three Serv'8. Charles
Pickerin allowed by ye request of Wm. Dearing to speake for the
Serv™ ; and John White, by request, was allowed to speake for Hans
Peterson. John White being asked what he had to say against the Serv1" of
Wm. Dearing, Said that they were noe Defend*8, for y'they were well
satisfyed w*1 y8 Judgm' the Court had given against them, and there
fore, they expected a Charge from them ; and that if Hanse Peter
son should give a Charge against y8 Serv18, he was not prepared with
his Evidences, not knowing that it would be tryed over againe. And
Hans Peterson himself said, that notwithstanding he endeavoured to
bring his Wittnesses but they refused to Come, and he knew not how
to force them, being Ignorant of y8 Way, since a Justices Summons '
was not a Sufficient Warr' for appearance before ye Councill.
Then Charles Pickering did alleadg y' y8 Serv*8 were Trappand by
Hans Peterson, who some dayes before y8 Court,bidd them not appear
there, promising: them not to appear to prosecute them, by w8" deceit
they were unprovided for a deffence.
John White made answer that that could not be, for y* Hans Peter
son was bound in bonds not to prosecute them.
To proVe Charles Pickerin's allegations :
Rob' White was called for and attested to declare' what he knew
of y8 matter ; who said y' in his hearing Hanse Peterson tould Wm.
Dearing, that he would Cleer them and bring them off, and y' he need
not to appeare. Hanse Peterson desiring he should be asked what
time it was he heard him so, made answer he had forgott, but as
well as he can remember, it was about six days before y8 Court.
Then falling into a Contraversie about y8 Legallity of y8 Indictment,
wch was grounded on y8 96 and 164 Chap' in y8 Laws, it was ordered
to be Read, and approved of.
CharlesPickerin desired Wm. Dearing should be attested to declare
that Hans Peterson had said to him about his servants.
The Councill ordered them to withdraw, and then debated whether
y8 M' being Concerned, should be attested as an Evidence.
They gave their opinions he should be attested, wch was accordingly
don ; and then declared y' Hans Peterson seeing him look angerly, bid
him not be angry, for that he would bring his Serv18 off, and y' he was
sorry for what he had done, & y' it was don in his Passion.
Edwd Green was attested to Declare what he knew of y8 Matter,
declared: That some Time last Winter y8 M' Invited him on board, and goeing '
both together there, they found Hans Peterson's Wife with some other
women : a Short time after Came Hans Peterson on board, w*" a

100 MINUTES OF THE
Complaint that some persons belonging to y8 Shipp had Killed his
Hoggs : That Hans's Wife did then declare y' y8 person that killed
the hogg had before acquainted her with his purpose of doeing it,
and after y8 hogg was Killed, did give her notice therof, that his
Master might' be Charged with it, the Master having before agreed
with Hans for pork for his men, and y' she tould him he might Carry it
on board ; and further saith y' y8 sd Hans did at y8 same time owne y '
y8 s" M' had spoak to him to lett him have soms fresh pork for his
people, and y' he had promised they should : and further, that y8 sd '
Hans said that provided he was payd for his Hogg he Would be con
tented, & y' y8 Master agreed to doe it.
Cornelius Empson Was attested to declare what he knew of y8
buisness, who said that when he had blamed Hans Peterson for In
dicting yeServants of Wm. Dearing, when. they had tould him before
they would kill one of his Hoggs, he made answer that he was too
hasty in it, but should bring them off well enough.
Then they were ordered to withdraw, whilst y8 Councill should
debate y8 matter, but Immediatly Stepd in Abraham Man & John
Blunstone. Abraham Man began thus: Wee are come in y8 name
of y8 free people, to know whether you have not forgott yourselves in
not bringing Judg Moore to a Tryall.
The Secretary asked him for his Petition.
Abraham Man made answer, that they did not look upon themselves
obliged to come by way of Petition, considering whome they Repre
sent: after some Sharpe repremands, from y8 Councill, they withdrew,
and then y8 Councill
Adjourned till 7 y* next Morning.

At a Councill in y8 Councill Roome at Philadelphia, The 29'" ofy8
5 ""month, 1685.

THOMAS HOLMES, Presid*.
Wm. fframpton, Tho. Janney, Edwd Green,
Jno. Symcock, Nich. Newlin, Wm. Markham, Secre.
John Barnes,
The Petition of Joseph Massey, M' of yB Ship Grayhound of Lon
don, was Read, setting forth his Carpenter's absenting himselfe from
his service, requesting a warr' to serch for him in any suspected
place of Concealing him : granted him, and that if apprehended, he be
brought before y8 Councill, to be dealt withall according to Law.
The Petition of James Sanderlin's and Neals Lawson was Read,
Complayning that they Could not have their Lands Resuryeyd in the
towne Ship of Chester, alias Upland, according to an order from y8 Go
vernor. Appointed to be heard ye next Sitting of y8. Councill, and a Sumons

PROVINCIAL COUNCIL. 101
to be sent to Charles Ashcome, Deputy Survey' of ye County of Ches
ter, to give his reasons why he hath not obeyed ye said Warr': and
notice to be given to James Sanderling and Neels Lawson, y' they
may then appeare.
Charles Pickerin, John White, Wm. Dearing, Hans Peterson,
and y8 three Servants of Wm. Dearing being Called, all of them were
asked whether they would leave the whole Buisness & Difference be
tween them to what y8 Councill should order, orthatthey would have
' tryd by law.
They all agreed to leave it to this board to doe what they pleased
therein. They were Ordered to withdraw, and then y8 Councill Debated
about it, but it being urged that y8 parties Concerned had not bound
themselves in any penalty to Stand to their Order, they were Called
in againe, and Hans Peterson Enters into Recognisance to y8 Gov' of
tenn pounds to Stand and abide by y8 Ord' ofy8 Councill.
Wm. Dearing Enters into a Recognizance of tenn pounds to y8Gov"
in behalfe of his Serv'' that they shall stand & abide by y8 Order of y8
Councill. They were Ordered to withdraw, and after debate y8 Councill Con
cluded thus : That y8 Master Wm. Dearing, pay in behalfe of his
three Servants, unto Hans Peterson, one pound three shillings, for
y8 Hogg they killed of y8 said Hans Peterson ; And that Hans Pe
terson pay five pounds and tenn shillings, one pound tenn shillings
whereoff, is to be payd to y8 Secretary, and four pounds to y8 High
Sheriff of New Castle County, towards Charges, and that they release
one another under hand & Seale, and y8 three Serv'8 goe quietly about
their buisness.
John Blunston &, George Maris, Came to renew their former de
sire in behalfe of y8 Assembly, y' Patrick Robinson might be removed
out of his Publique Offices, and that y8 Tryall of Nich. Moore might
not be delayed.
The Councill answered, that as soone as Presid' Lloyd, was come
from New York, (who is Expected the next week,) they would give
them an answer, but at present Could not.
In regard, Patrick Robinson was his Deputy in y8 Office of M' of
ye Rolls.
Ordered that Wm. Stockdale and Cornelius Empson, have a Com
mission forthwith to be Justices of y8 Peace for New Castle County,
their Comission to stand in force for one year, or till further Order.
Adjourned till three in y8 Afternoone.
POST MERIDIEM.
The Same Members of Councill mett this afternoone, &
Adjourned till further order.

9*

102 MINUTES OF THE
At a Councill in the Councill Roome at Philadelphia y8 19*b 6*
Mo., 1685.

THOMAS HOLMES, Presid.
Chris. Taylor Wm. frampton, Wm. Markham, Secre.
The Petitioii of Richd Blackleach of New England, March', was
read, setting forth that Benjamin Chambers of Philadelphia is Indebt
ed unto him y° sume of fourty and one pounds, and of his necessity
of being suddenly at home, y' he could not without prejudice stay
till y8 Court in its proper time should sitt, therfore Craves a Speeiall
Court. Ordered y' a Comission be made for y8 same to be held on y8
24*" Ins*. Directed to y8 Justices of Philadelphia County, or any four
of them.
Adjourned till further Ord'.

The 24th 6'" Mo., 1685.
Information being given to y8 Secretary by Sam11 Land, that by y8
Death of one Lewis Davis formerly of New Castle County, his Estate
for want of Heirs, and Dying intestates, fell to y8 Gov', and that if not
timely prevented, others would Administer upon it, to y8 great Damage
of ye Gov'. The Secretary did give a Warr' to y8 Sherriff of y8 Coun
ty to take into his possession all y8 Estate, both Reall and personall, &
to send y8 account thereof? to y8 Presid' & Councill, to be disposed off
as they shall think fitt.

At a Councill Especially appointed for y8 Nominating of Judges at
y8 Councill Roome at Philadelphia, The 14th 7,b month, 1685.
PRESJF^IVT "
THOMAS LLOYD, Presid.
Tho: Holmes, Phin: Pemberton, Jno. Barnes
Jno.' Symcock, Chr : Taylor, Wm. Markham, Secre.
Wm. frampton,
Agreed that a Comission be drawne for Three Judges, Viz': James
Harrison, James Claypoole and Arth. Cook.
Ordered The Comission be drawn forthwith.
Adjourned till y8l 6'" Ins',

PROVINCIAL COUNCIL. 108
, At a Meeting of y8 Councill in y8 Councill Roome in Philadelphia
The 16*h 7th Mo., 1685. PRESENT :
THOMAS LLOYD, Presid.
Tho. Holmes, Wm. frampton, Phin. Pemberton,
Chris. Taylor, Wm. Southersby, John Barnes,
Jno. Symcock, Wm. Wood, Wm. Markham, Secre.
The Minutes of y8Councillsfromy*28*"of y85'hMo.was Read: and
wheras, on y8 29th ofy8 sd Mo.," John Blunston & George Maris tould
y8 Councill that they came to renew their former desires in y8 behalfe
of y8 Assembly, &c.
The Councill at y' time gave them answer, that as Soon as Presid*
Lloyd Came from New York, who was Expected y8 next week, they
would give them an answer.
The Councill did now order this answer to be Recorded : That
Nich. Moore being at this Time under a Week and Languishing Con
dition, and not under promising hopes of a Speedy Recovery, so
that at present they Cannot give any Certaine or deffinitive an
swer. The Petition of Richd Ingelo was Read, Requesting y8 Councill y*'
y8 Tenn pounds allowed him out of Each County for his service don
y8 Contrey, they would be pleased to order might be forthwith
payd. Order y' Each County pay' him y8 next month, without further
delay, and y' he address himselfe to y8 members for Each County
for y8 Performance of ye same, provided that he bring in y8 minutes
ofy8 Councill, ffairly Drawn out.
The Petition of James Sanderling & Neels Lawson, w8" was Read
y8 29th 5*" month last, was now Read againe, Complayning that they
Could not have their Lands Resurveyed in ye Towneship of Chester,
according to an Order from y8 Gov'.
The Petitioners and Charles Ashcome, being Deliberately heard
before ye Councill, the board Generally Concluded y1 y° Omition of ye
Deputy Surveyor was not justifiable.
And y8 Petitioners further Complayning of wrong & Injustice don
to them, as being two of y8 six Claymers of their allottment in Ches
ter, Alias Upland Township, by Charles Ashcome, y8 Deputy Survey',
Surveying of Land Contrary to Warr', the first for Charles Picker
in, in Right of Eustas Anderson, near ye supposed bound of Upland',
&a second Warrant for Charles Pickerin, for part of his purchase,
w8" being from y8 Survey" Genall, only to be Executed upon land as
neare as Could be to Upland, & not in y° township of Upland, and
therfore the Councill unanimously Conclude that Charles Ashcom's
serving of these Warrants was Irregular, and whatsoever was done
hereupon, Wee Cannot Conceive Valid.
¦ The Petition of Mary Mason, Widdow, was Read; Requesting y8
Councill to Confirme ye Sale of Lotts and Lands sold by ye said Wid
dow, by y8 Gov™ Verball order, to pay herDesceased husband's Debts,,
and for subsistence of herselfe and Children.

104 MINUTES OF THE
James Harrison being present & attesting y8 truth of y8 Order, and
- she declaring y' y8 Land sould was y8 Citty Lotts, and y8 Liberty
Land, and but two .hundred Acres out of one thousand, and not y*
Land y' was Improved; y8 Councill ordered a Confirmation.
The Councill adjourned till six to morrow morning.

At a Meeting ofthe Councill in y8 Councill Room In Philadelphia
y'lT" ofy8 7th Mo., 1685. ' '
PRESENT :
THOMAS LLOYD, Presid.
Tho : Holmes, Wm. frampton, Phin : Pemberton,
Jno. Symcock, Wm. Wood, , Wm. Markham, Secre;'
Chr. Taylor,
Ordered y' a Proclamation be Drawn and Published forthwith, to
reinforce y8 Law made at Upland prohibiting y8 sale of.Rum, brandy,
& other strong Liquors to y8 Indians, under y8 penalty therein Ex
pressed, and y' all Magistrates take notice thereof, and put the same
in Execution.Upon ye Reading y8 Petition of Philip Thleman against Tho : Mas
ter, for his not performing his Contract in building a house for y8 s"
Phi. Thleman,
Ordered y' both parties be heard before y8 Councill.
Complaint being made by Henry Lewis, John Bevan and others, in
y8 behalfe of y8 Welch friends, that their Lines runn out Regu
larly, according to y8 Gov™ Warr', were notwithstanding, by
Charles Ashcome, Deputy Survey' of Chester County, his undue
Execution, of severall Later Warrants, prevented from y8 quiet
Erijoym' of y' tract that was legally laid out for them.
The Board, upon y8 hearing ofy8 same, ordered y' Charles Ashcome
be required to prepare and bring in to y8 Councill a Draught by a scale
of a 160 perches in an Inch, for all y8 Lands Surveyed and Laid out
by him Westwardly ofy8 N. N. W. line,, runn By Ralph ffretwell and
himselfe, and to attend the Councill & Comiss™ with it y8 next Third,
day, by y8 9"1 hour in y8 forenoone, for y8 Speedy Composing y8 Dif
ferences & ascertaining ye lines between y8 Chester ffriends and
others, and y8 Welch friends, & in the meantime to Survey no mors
Land until further Ord".
The Councill adjourned till further Order.

PROVINCIAL COUNCIL. 105
At a Mesting of the Council in Ths Councill Rooms In Philadelphia
y* 22,b 7th Mo. 1685. " '
PRESENT :
THOMAS LLOYD, Presid.
Tho : Holmes, Wm. frampton, Wm. Wood,
Chr: Taylor, John Barnes, Wm. Markham, Secre.
In Complyance with an Order of Councill, Dated y8 17'° Ins'.,
Charles Ashcome appeared and brought a Draught of y8 Settlement
upon y8 West side of y° line Runn out* by Ralph ffretwell & himselfe :
y8 Councill upon perusall and observation of y8 same, and Compar
ing the lines thereof with a Draught made up by y8 same Scale by
David Powell, ofy8 Tract surveyed by him in behalfe ofy8 Welch
friends, have recommended y8 adjusting of y8 Disputed bounds, and
accomodating the Differences thence ariseing & further likely to En
sue, unto ye Councill and Comiss™ Joyntly, at their next sitting.
Thomas Holmes acquainting y8 Councill y' not withstanding the
Gov™ Express Orders to, Charles Ashcome upon his going for Eng
land, under his hand, and by his Letter since, of his Complying
with y8 Gover™ Determination of y8 Differences between them, & that
Charles Ashcome was to Continue in his place, under Tho. Holmes,
for so he was and so he must be, (were y8 Gov™ words,) in Case he
will behave himselfe, and did make Exact Returns, fit; pay to y8 Sur
vey" Genall share of flees. The Councill proposing these termes to
Charles Ashcome, and he not Complying to y8 satisfaction of y"
Councill, they have agreed to Continue their Order to forbid Charles
Ashcome to Survey any more land in y8 County of Chester, till he
submitt to y8 Gov™ Instructions, or be Impowred by the Councill and
Comiss™ to proceed further. • , '
Phil. Thleman's Petition against Tho. Masters was Read.
Ordered y' Tho. Masters be sent to to attend y8 Councill in y8 after
noone. Wheras, James Harrison, James Claypoole & Arthur Cook, were
nominated by y8 Councill y8 14ttl Ins', to be Prov" Judges, & orders
given to prepare a Comission to Authorize them to act thereby on y8
24" Ins', and y8 24th of y8 next second month, but James Harrison,
& Arth. Cook being informed thereof, Desired Ernestly to be Excu
sed therein, and Declared their utter Indisposedness thereunto ; and
James Claypoole being prevented by great Illness from serving there
in, y8 Councill, upon further Consideration have, in Order to answer
y8 due Expectation of such' persons who are Concerned in appeals,
Unanimously agreed to Shew their Readiness & Willingness in Re
ceiving such appeales w8" are to be brought in to y8 Secretary's Office,
& to give their further attendance in Councill to Deside Differences
w8" are to be Determined y8 24'" Ins', being y8 Day the P»ov" Court
was appoynted to Sitt.
The Councill adjourned till 3 in y8 afternoone.

106 MINUTES OF THE
POST MERIDIEM.
The same Persons Present.
John Rambo, y8 sou of Peter Rambo, being accused of fornication
before the Councill, was bound over to f next County Court at Phila
delphia, his father, Peter Rambo, and his Brother, Gunner Rambo, he
produced for Security, w88 was accepted. '
Peter Rambo y8 Elder, and Gunner Rambo, Joyntly and Severally
Enters into recognizance of five hundred pounds, Currant Money of
this Province, to y8 Proprietor and Gov", that Jno. Rambo shall per-
sonaly appear at y8 next County Court to be held at Philadelphia, to
answer an Indictm' against him for fornication and other misdemean
ors, and he not; to Depart from y8 Court without being acquitted, or
leave from y8 bench, otherwise to forfeitt his baile.
Information being Given to y8 Councill by Capt. Cock, ofy8 Indians'
willingness to sell all their right & Claime to the Land between
Upland & Apoaquinamy, as farr backward as they have any Claime
thereunto, and that they proposed a meeting at Widdow Scalcop's on
y8 29th Ins', in order to treat about y8 same : The Councill thought
fit to order Capt. Tho. Holmes, John Symcock, & y8 Secretary, or any
two of them, to be at y8 place aforesd, w"1 full power to treat and Corn-
pleat y8 purchase w"1 them, and to Call to their assistance what mem
bers of y8 Councill can Conveniently be there
The Councill adjourned till 7 to-morrow morning.

At a Meeting of the Councill in y8 Councill Roome at Philadelphia
y8 23'b 7th Mo., 1685. present:
THOMAS LLOYD, Presid.
Capt. Tho. Holmes, Wm. frarirpton, * Wm. Markham, Secre,
Chr. Taylor, Jno. Barnes,
Ordered that a Comission be drawn forthwith for James Bradshaw,
to be Chief Survey" & Chief Register of y8 County of New Castle, to
be in force till y8 Gov™ pleasure be further knowne.
The Petition of Henry Reynolds against Tho. Usher, Justice of y"
Peace for y8 County of Chester, Complayning that y8 sd Tho. Usher
had Imprisoned him by his Warr' to y8 Sherriff only upon y8 bare
word of his accuser1.
Ordered y' a Coppy of y8 Petition be sent to Tho. Vsher, and that
he make Speedy answer to it.
Ordered y' Notice be given by writing, sett up at y8 Gate, That
the Councill will sitt to-morrow in y8 forenoon by, y8 9th hour, to Re
ceive Complaints and Grievances.
The Councill adjourned till to-morrow, Eight in y8 forenoone.

PROVINCIAL COUNCIL. 107
At aMesting ofthe Councill in y8 Councill Roome at Philadelphia
y8 24,b 7th Mo, 1685. PRESENT :
THOMAS LLOYD, Presid'.
Capt. Tho. Holmes, Wm. frampton, Wm. Markham, Secre.
Chr: Taylor, Edwd Green,
The Petition of Edwd Evaret was Read, Requesting his money
due for wayting on y8 Prov" Judges with his Boat, in the Goeing their
Circuite. Ordered that he bring in his Contract and Certificate relating to it,
& then y8 Councill will give their Answer.
The Petition of Peter Gronendike was Read, setting forth that
wheras severall people, and perticularly Wm. dark, have obtained
Judgm' by Petitioning y8 County Court of Sussex, against the Estate
of Cornelius Verhoof, Deceased, without Summonsing y8 Petitioner,
who is Executor to y8 said Verhoof, and have served Execution ther-
upon, notwithstanding y8 Petitioner did Publish some time before, y'
if any person had any accounts against y8 Estate of Cornelius Ver
hoof, Deceased, they should bring it in to y8 Petitioner, and that he
would Endeavor to make satisfaction. The Petitioner beggs y8 Coun
cill for Redress against such Illegall proceedings.
The Councill Considering y8 Complaint, doe Judg y8 Proceedings a
grievance, and not Justifiable by our Laws, though it hath been y8
practice of y8 Lower Counties to grant Judgm' against y8 Estates of
Deceased persons without precedent Summons, only the partys Peti
tioning the Court and proving their Debt was sufficient.
Information being given to this board y' Tobiah Leach tould an Indian
Woman that y8 English would sell them no more powder nor shott,
but did intend to Cutt them all off, The Board Ordered that y8 Secre
tary send a summons to y8 sd Tobias Leech to appeare forthwith be
fore them, to answer to the Information.
Phil. Thlenman put in his apeale (from y" County Court to y*
Prov" Court) to y8 Councill.
Ordered that a Summons be sent from y8 Secre. To Tho. Masters,
to attend the Councill in y8 Afternoon, to answer to y8 appeale.
The Councill adjourned till 3 in y8 afternoon.
POST MERIDIEM.

THOMAS LLOYD, Presid.
Capt. Tho. Holmes, Wm. frampton, Wm. Clark,
Chr : .Taylor, Edwd Green, Wm. Markham, Secre.
A letter was read from Wm. Darvall, Directed to yc Presid' and
Councill. Ordered to be read againe to-morrow, and then to be Con
sidered off.
The Councill adjourned till To-morrow morning.

108 MINUTES OF THE
At a Councill in y8 Councill Roome in Philadelphia y8 25th Th
Mo., 1685. present:
THOMAS LLOYD, Presid*.
Chris. Taylor, Wm. Wood, Wm. Markham, Secre.
Wm. Clark, Edwd Green,
Ordered that Patrick Robinson be writt to by y8 Secretary, to bring
in, or transferr to y8 Secretary's Office forthwith, what appeales or
other writings he hath, w8h was to bs Determined before y8 Prov"
Judges at a Court to begin y8 24 Ins' at Philadelphia.
Patrick Robinson appeared, and gave an acco' of what appeales he
had Delivered to y8 parties Concerned.
Tobias Leech Appeared, in Obedience -to a Summons sent him
from this board y8 24'n Ins', and giving a Credible relation of his
Clearness of what was alledged against him, was Dismissed untill
further Order.
The Councill adjourned till 3 in ye Afternoone.
POST MERIDIEM.
PRESENT :
THOMAS LLOYD, Presid'.
Chris. Taylor, Wm. frampton, Edwd Green,
Wm. Clark, Wm. Wood, Wm. Markham, Secre.
The Letter from Wm. Darvall y' was read Yesterday, w8" had no
date, was againe read, adviseing y8 Councill that one Jno: Curtis, a
Justice of y8 Peace for Kent County, was accused by John Brinkloe
of High Treason, and y' y8 Witnesses were Examined before five
Justices of y8 Peace, & y' Curtis upon y8 Examination, was C6-
mitted. Wm. Berry, one of y8 Justices^ Kent County, & George Martin,
High Sheriff of y8 said County, being in towne, were sent for to y8
Councill: the Councill asked them if they knew any thing of Jno.
Curtis being accused of Treason, tould y8 board they were at y8 Ex
amination: The Councill desired they would give under their hand
what they Could remember of ye Examination; The w8b they did.
Ordered that a Warr' be sent to y8 Justices of Kent County, for
y8 Security of Curtis, and sending y8 Examinations with all speed to
y8 Councill.
Henry Reynolds being bound at y8 last Prov11 Circular Court held
at Chester, in four hundred pounds penalty, to make his, personall
appearance before y8 next Prov" Circular Court held at Chester, if
any be, or at next Prov" fixt Court at Philadelphia, to answer to an
Indictm' to be Exhibited against him By Wm. Rawson, for Wound
ing, beating and Killing of Mary King, his late serv' maid, as appear
ed before y8 Councill by a Coppy of y8 Records from y8 aforesaid
Court, The foresaid Henry Reynolds made his personall appearance

PROVINCIAL COUNCIL. 109
before y8 Presid' & Councill, in order to discharge his aforesaid obli
gation, where no person prosecuted, Petitioned, or brought any Com
plaint against him.
The Councill adjourned till To-morrow Morning.

At a Meeting of y8 Councill in the Councill Room In Philadelphia
y. 26<b 7*b Mo., 1685. PRESENT :
THOMAS LLOYD, Presid*.
Chr. Taylor, Wm. frampton, Edwd Green,
Wm. Clark, Wm. Wood, Wm. Markham, Secre.
Vpon Information giving the Councill that a Woman in Philadel
phia this morning, Came by an untimely Death, & that Griffith Owen,
y8 Coroner, was Incapable by sickness to Officiate in his place, the
Councill ordered a Comission for Henry Lewis to be Coroner untill
further Order.
The Councill Adjourned till 3 in y8 affternoon.
POST MERIDIEM.
PRESENT I
THOMAS LLOYD, Presid'.
Chris : Taylor, Wm. Clark. Edwd Green,
Capt. Tho : Holmes, Wm. frampton, Wm, Markham, Secre.
The Petition of Wm. Berry and George Martin, in y8 behalfe of
themselves & those Justices of Kent County that Subscribed a request
to y8 Councill, was read, and also ye Request Requesting that y8 Coun
cill would be pleased to Continue Wm. Clark a Justice amongst
them, his Comission from y8 Gov" to be Justice in Generall being Ex
pired. The Councill answered they would Consider of it.
The Councill adjourned till y8 28*11 Ins', seaven in y8 Morning.

At a Councill in ye Councill Roome in Philadelphia The 28"' 7"
Mo., 1685. PRESENT I
THOMAS LLOYD, Presid*.
Capt. Tho. Holmes, Edwd Green, Wm. frampton,
Chr. Taylor, Wm. Clark, Wm. Markham, Secre.
The Councill Considering y8 Request ofy8 Justices of Kent Coun
ty that was read the 26* Ins'. 10

HO MINUTES OF THE
Ordered that Wm. Clark's Comission from y° Prop0" & Gov", bear-
in<* date y8 5* e^Mo., 1684, for Justice ofy8 Peace for this Province
and Territories, be subscribed to Continue for one whole year longer,
or till further order, and to Sett y8 Seale of y8 Province to it.
James Maxfield Requested y" Councill that they would grant him
a Lycense to Keep an ordinary in Kent County.
Ordered him One.
John Brinkloe of yb same County, requested y8 like, and was
granted. Phillip Russell had granted y° same to be kept at Lewis.
Wm. Phillips having obteined a Judgm' against Edwd Green in y8
County Court of New Castle, held y8 21. & 22d Days ofy8 Last first
month, for twenty-seaven pounds three shillings and Eight pence,
being y8 supposed Remainder ofy8 purchase money, is owing to Wm.
Phillips for a Plantation sold by him to y8 sd Edwd Green, the De
fend' appealing to y8 Court at Philadelphia. Both parties apearing
before y8 Presid' and Councill and Submitting y8 finall Determination
of ye Difference between them to this board, the Councill upon through
hearing of both and of what they could allege in their Respective
behalfes, Ordered that Edwd Green shall at or before ye 24*" of y8,
next tenth month, make Certaine pay of y8 Sum of twenty-two pounds,
tenn Shillings, Current money of this Province, unto Wm. Phillips,
and that upon such paym' as before, The sd Phillips shall make a
sufficient Conveyance of y8 Premises to Edwd Green, according to
Law, and that the County Court Charges, & ye Charges of this Board,
shall be boare Equally by y8 said parties, "and upon non-Complyance
wit this order, Execution to be Issued forth accordingly.
The matter In Difference between Peter Gronendicke, Plan', &
Allex. Humpheris, Defen', upon an appeale from y8 Court ofy8 Coun
ty of Kent, heldy8 11'" 12*b & 13th days ofy8 first month, 1683-4, to
y8 Gov" & Councill Being heard before this board, and thoroughly De
bated, both parties Present, Concluded that y8 Plantive in y8 appeale,
has paid y8 60001b. of Tobacco in Difference unto francis Whitwell,
by order of y° Deffend*. This board doth therfore order that y8 Plan
tif according to his Express Covenants in his bond upon his appeale,
pay all y8 Charges at this board, and all other Charges to be payd
by ye Def.
Wheras, there was a difference between Griff Jones & Edwd Green,
w8" was submitted by them to be heard & Determined at this board,
and through y8 Indisposition of Griffith Jones he could not appear, it
is Referred to y8 next sitting of Councill unless Sooner accomodated.
The Councill Adjourned till further Order.

At a Councill in y8 Councill Roome in Philadelphia y8 5"1 9*"
Mo., 1685. PRESENT :
Capt. THOMAS HOLMES, Presid*.
Chr: Taylor, Wm. frampton, Wm. Markham, Secre.
Jno. Symcock, Jno. Barnes,

PROVINCIAL COUNCIL. Ill
The Examination of Jno. Curtis, and Information of y8 Witnesses
taken before y8 Justices of Kent County, was sent to the Councill
according to an Order bearing date y8-25'" 7'" Mo., 1685, was Read
with a Letter from John Brinkloe, Clark of y8 County aforesaid.
Ordered y' a Comission be forthwith made for Wm. Clark and
Jno. Cann, to be Speeiall Commiss™ to Try John Curtis of Kent
County, who stands accused of speaking of Dangerous & Treasona
ble words against y8 King.
The Gov" Letter to ye Presid1 & Councill, Bearing Date y8 19th 6a
Mo., 1685, was Read.
The Petition of y8 Justices of y8 County of Philadelphia to this
board was Read, Intreating they would be pleased to take y8 Gov™
Letter into their Consideration, w0" was directed to y8 Justices of Phil
adelphia. Ordered that all Lycences for Ordinary Keeping be forthwith
Called in.
Ordered y' Publicq Notice be given to all y8 families that lives
in Caves of Philadelphia to appear before y8 Councill y8 next
sitting. A Petition from y8 County Court of Philadelphia was read, setting
forth that severall servants brought from England in y8 Last Ship
that came hether, that are to serve in this province, and ye y8 Master
Intends to Carry them to Virginia, wcb is Contrary to y8 Laws of the
Province, Requesting y8 Councills Consideration of the same,
Ordered y' y8 Messenger give notice to y8 M" of y8 Ship to appear
before y8 Councill to-morrow morning.
James Bradshaw's Comission for Chief Survey' and Register of ye
County of New Castle, wcb was ordered y8 23d 7th Mo. last, and bear
ing y8 same date, was this day signed by the Presid', Capt. Tho.
Holmes, with y8 Consent ofy8 Councill. (Tho. Lloyd w8" was Pre
sid' at y8 time of y8 date of y8 Comission being at New- York.)
The Petition of Joshua Hasting was Read, against Charles Ash
come. Referred to y8 next sitting of Councill, and a Sumons to be
sent him by ye Secretary to make his appearance.
A Letter from Tho. Usher bearing date y8 4th 8th Mo., 1688*, was
read. Ordered that Tho. Usher and Henry Reynolds have a hearing be
fore y8 Councill y8 next sitting.
Ordered That Sam" Carpenter be desired to be at y8 Councill to-
morrow morning.
The Councill adjourned till Eight to-morrow morning.

"Evidently 1685.

112 MINUTES OF THE
¦ At a meeting of the Councill in the Councill Room In Philadel
phia y8 6"' 9,h month, 1685. " present :
Capt. THOMAS HOLMES, Presid.
Chris. Taylor, Wm. frampton, Wm. Markham, Secre.
Jno. Symcock, Jno. Barnes,
Ordered that James Claypoole, Rob' Turner, Sam" Carpenter, John
Jones, Wm. frampton, Patrick Robinson, John Test, Jno. Songhurst,
be writt to, Desireing them to come forthwith to the Councill, they
havin<r urgent buisness with them about the Subscriptions.
The Persons above mentioned all Came to y8 Councill where they
Discoursed about y8 Subscriptions. Concluded amongst themselves
to meet together in y8 afternoon, to Consult about methods how to
proceed in order to Discharge their Obligation, and give an acco'
thereoffat y8 next sitting ofy8 Councill.
James Skinner, M' ofy8 Pink Rebeca that was yesterday sent to to-
come before y8 Councill this morning, Came with the Indentures of y8
Servants mentioned in y8 County Courts.
Petition Read yesterday, they Rann to serve James Skinner from
ye Day of y8 Date untill their first arrivall in Virginia, or any other
part of America, and after, for and during the Terme of four years.
Ordered that y8 Secretary give notice to Wrm. Clark and John
Cann, that they are appointed Comiss™ for y8 Tryall of John Curtis,
that they may prepare themselves accordingly.
Ordered that y8 Secretary give notice to y8 Sherriff of Kent County
to prepare y8 County for y8 Tryall of John Curtis on ye 24*1 Ins', by
Comiss™ appoynted for that purpose.
Ordered a Generall Comission of the peace be Drawn for y*
County of Philadelphia, and to put in these persons following, Viz' :
James Claypoole, Wm. frampton, Hump. Murrey, Wm. Salway,
John Revan, Lacy Cock, Wm. Wardner, Sen'., Rob' Turner, Jno.
Moon. The Councill Adjourned till ye 16'b Inst.

At a Councill held at y8 Councill Room in Philadelphia y8 16'°
9" Mo., 1685. PRESENT :
THOMAS LLOYD, Presid'.
Capt. Tho. Holmes, John Symcock, John Cann,
Chr. Taylor, Jno. Barnes, Wm. Markham, Secre.
Wm. frampton,
Ordered that a Comission be forthwith made, Impowring Rob' Hall
to be Coroner for y8 County of Bucks.
The Complaint of y8 friends, Inhabitants of Concord and Hertford,

PROVINCIAL COUNCIL. 113
against the Indians, for y8 Rapine and Destructions of their hoggs
was Read.
Ordered that y8 Respective Indian Kings be sent for to y8 Councill
with all speed, to answer their Complaint.
The Inhabitants of the Welch Tract Complaines of the same, by
an Endorsem' on y8 aforementioned Complaint.
The Councill adjourned till 4 in y8 afternoone.
POST MERIDIEM.
The Councill mett and adjourned till Seaven to-morrow morning.

. At a Meeting of the Councill in y* Councill Room In Philadel
phia y8 17"1 9th month, 1685. PRESENT :
THOMAS LLOYD, Presid.
Capt. Tho. Holmes, John Symcock, John Cann,
Chr. Taylor, Wm. frampton, Wm. Markham, Secre.
Jno. Barnes,
The Petition of Joshua Hastings against Charles Ashcome, that
had been Read y8 5"1 Inst', was Ordered to be Read againe, to w*
Charles Ashcome appeared, according to a summons dated y8 6th
Inst'; it was Concluded no proper place to End their Differences it
being matter of Law.
The Petition of Tho. Bud was Read, Requesting a Speeiall Court
to End a Difference between Phill. Thlenman & himself.
The Councill sent for Phill. Thlenman, and advised them both to
goe together and try if they Could friendly End it between them
selves, y8 w8h they did.
The undertakers of y8 Subscription Came to y8 Councill according
to their promise y8 Sixth Inst', and Presented their Report, with a
list of y8 Subscribers and what subscribed, y8.whole amounting to 201,
19, 2, to w8" Chris. Taylor at y8 board subscribed 6, 00, 00. The
Councill Comended their Deligence, and promised them their further-
ajffce and Assistance therein.
The Petition of Sam" Carpenter was Read, Requesting" a Speeiall
Court to try his Servant that Stands accused of fellony.
The Councill adjourned till 5 in y8 afternoone.
POST MERIDIEM.
PRESENT "
THOMAS LLOYD, Presid.
Capt. Tho. Holmes, Jno. Cann, Jno. Barnes,
Wm. frampton, Pet' Alrichs, Wm. Markham, Secre.
Chr. Taylor, 10*

114 " MINUTES OF THE
The Case sett forth in Sam" Carpenter's Petition being Consid
ered off, is Referred to ye Due Course of Law, according to his Com
mitment. The Gov™ Letter to y8 Magistrates of Philadelphia being Read, bear
ing date y8 26*11 5'" Mo., 1685, by Request of their Petition, Read
y8 5th Inst"', with y8 Letter aforesd, and publiq notice being then given
to all y8 familys living in Caves to appeare before the Councill at
their next sitting, but none obeying y8 said order ; It is now further
Ordered that notice be againe Published that the Councill will put
j£ Gov™ Order relating to y8 Caves in Execution in one month's
Time. Ordered y' a Comission be forthwith drawne to authorize John
White to be Atturney Gnall for y8 Prosecuting of Jn° Curtis of Kent
County, who Stands accused of Speaking of Dangerous and Trea
sonable words against y8 King.
John Cann advising with ye Councill that were as he was Impow-'
red by this board to Officiate as Register of y8 County of New Castle,
in yf Vacantcy of a Comission, Desire to know whether he may De
liver up the originall papers belonging to y' Office to y8 person Co-
missionated, with all other things relating to it.
Their advice was that upon his Delivery of what Relates to y8 Re
gister's Office to James Bradshaw, y8 now Register, hs taks his Receipt,
w8b' shall.be allowed as a sufficient discharge to him.
The Councill adjourned till' further Order.

At a. Meeting ofthe Councill in y8 Councill Room In Philadelphia.
y8 1° lO^month, 1685.' PRESENT :
THOMAS LLOYD; Presid*.
Capt. Tho: Holmes, John Barnes, Wm. Markham, Secre.
Chris: Taylor,
A, Letter from John Otter to ye Presid', bearing datey8 26*" 9*b Mo.
last, was Read, Requesting that a Speeiall Comission be granted for
y8 Tryajl of David Davis the next Court, who is a Prisoner in.y*
County of Bucks, on suspition of killing his servant.
The Councill having Considered the same, and to ye End that
Justice might be speedly dispatched, and y° Matter being approved of,
they unanimously agreed that. a Comission be Expeditiously prepared
for y8 authorising & Impowring of James Harrison, Arthur Cook,
Tho. Janney, Wm. Yardley, Wm. Biles, to be special ComissMo hear
and Determine all heinous and Enormous Crimes that shall be
brought before them .in y8 County of Bucks, in a Court, there to begin
on y8 10lb Inst', by them to be held. .
The Secretary Reporting to ye Councill how y' y8 Grand Jury for
y8 County of Kent Returned by vertoe of a Comission directed Spe
cially to Wm. Clark and Jno. Cann, for the Enquiring, hearing and

PROVINCIAL COUNCIL. 115
Determining of an accusation of Treasonable words uttered by Jno.
Curtis ofy8 said County, against y8'King, brought an Ignoramus upon
ths bill of Indictment Prsffered against him; and furthsr, being in
formed that the said John Curtis was' Discharged wjthout good Secu
rity given by him for y8 Peace towards y° King, and good behaviour
towards all y8 King's Liege people.
Ordered that Instructions be speedyly sent hence, Directed to Wm.
Dervall, Jno. Briggs & Tho. Willson, or any Two of them, whereoff
Wm. Dervall to be One,, to send for y8 sd John Curtis' before them,
and to Receive of him a Recognizance to y8 King in y8 sum of Two
hundred1 pounds, with two sufficient Suretys, Each in one hundred
pounds, Joyntly and severally, for his good abearing towards the King
and all his Leige people for y8 Space of twelve months, and upon his
Refusall, to Comit him to Prison.
Ordered that a New Comission be sent downe to y8 County of
Ksnt, & y' Jno. Curtis be left out of it.
The Councill adjourned till further Order.

At a Meeting ofthe Councill in the Councill Rooms In Philadel
phia y8 9th ll*" Mo., 1689*. PRESENT :
Capt. THOMAS HOLMES, Presid.
Chris ; Taylor, Wm. Southersby, Wm. Markham, Secre.
Wm. frampton,
The Secretary Reporting to y8 Councill that in y8 Chronologie of
y8 almanack sett forth by Sam" Atkins of Philadelphia, & Printed
by Wm. Bradford, of y8 same place, there was these words, (the
bsgining of Governm' here by y8 Lord Penn,) the Councill Sent for
Sam11 Atkins, & ordered him to blott out y8 words Lord Penn ; &
likewise for Wm. Bradford, y8 Printer, and gave him Charge not to
print any thing but what shall have Lycence from y8 Councill.
Information being given the Councill by Wm- Southersby and Wm.
frampton, that severall persons appoynted Justices in y8 Comission
for Kent County, Dated y8 10ID lu^Mo., Last, will not Officiate, and
.others therin mentioned will but seldomebe there, to ye hazard of
having not a- Sufficient number to Keep Court ;
Ordered that a New Comission be Drawn against -ye 15*b Inst', In
serting Wm. Southersby, Wm. frampton, Wm. Berry, Jno. Briggs,
Wm, Wimsmore, Tho. Hesherd, Mich. Wotton, Jno. Walker, Tho.
Willson. Ordered y* the Secre. give notice to all persons selling strong
liquor by Retaile in Philadelphia, bring their Lycences to y8 Coun-
cilly8 15? Inst', after w8" time they are to be no longer in force, in
order to have them Renewed, if thought fitt, & all persons y' are de
sirous to have Lycence to Keep Ordinarys, may make their applica
tion, toy8 Councill ye same time.
*1685.

116 MINUTES OF THE
The minutes of y8 Councill ofy8 1° 10*° Mo., was Read,, with ye
Instruction made thereupon, w8"- was presented by y8 Secretary to y8
Councill for signing. But the Councill Refused, in reguard it was
passed when Presid Lloyd Satt Presid, and y' they knew not what
Reasons he had to refuse signing it. ,
Ordered that Notice be given to as many of y8 Councill as Possible,
that they meet y8 next Sixth day, it being y8 15th Inst'.
Ordered y' a Warr' be made for John Hill to be high Sheriff of y"
County of Sussex for one whole year, or till further Order.
Ordered that Symon Irons have a Warr' to be Ranger for y8
County of Kent, to be in force for one whole year, or till further
Order. Ordered y' a Warr' be made for Jno. Barnes to be Ranger for y8
County of Philadelphia, to be in force for one whole year, or till
further Order.
Ordered y' if Jno. Rhodes have not a Warr' to be Ranger for y8
County of Sussex, that there be One made for Henry Bowman.
The Councill adjourned till y8 15*b Inst'.

At a meeting of y8 Councill in y8 Councill Room in Philadelphia
y8 15°' day of y8 ll'" Mo., 1685, PRESENT :
Capt. THO. HOLMES, Presid*.
Chri: Taylor, Wm. Southersby, Wm. Markham, Secre.
Wm. frampton,
The Comissions that was ordered to be Drawn at y8 last sitting of
Councill, was this day Signed by y8 Presid', Viz':
A Comission for the Justices of Kent County.
A Comission for Jno. Hill to be High Sheriff of y8 County of
Sussex. A Comission for Symon Irons to be Cheiff Ranger ofy' County
of Kent.
John Barnes refuseing y8 Warr' for Renger of y8 County of Phila
delphia, y8 Councill Ordered Wm. Markham in his Roome.
John Roads not being found upon Record to have had a War
rant for Ranger for Sussex County, The Comission was signed for
Henry Bowman.
John Persons, Tho. Persons, and Tho. Dikenson, that were Wit
nesses to a letter of Attorney bearing date y8 26lb 7'° Mo. Last, Im
powring Andrew Robinson of West Jersie, and Wm. frampton of
Philadelphia, Joyntly and Severally, from James Wallis, Charles
Jones, ju'., Rich. Crossly,Dan" Guillim, Tho. Taylor, (all of Bristoll,)
were attested to y8 truth' ofy8 same ; y8 Letter of Atturney was Endor
sed and sealed with y8 Province Seale, vid Book Ent.
According to y8 Order sett forth y8 last sitting of Councill, that
Ordinary Keepers within Philadelphia should bring in their Lycences

PROVINCIAL COUNCIL. 117
on this day, there brought in Tho. Hotton, Tho. Holina, Ge. Barthol-
mew, Benja. Chambers, Mary Lichfield, their Lycences and had
them Renewed, only Mary Lichfield they granted but for four month,
& that was to give her time to gett in her Debts, & provid herselfe
soms other way of Living.
The Councill adjourned till Eight to-morrow morning.

At a Meeting of y8 Councill in the Councill Roome The 16'h 11*
Mo., 1685. present:
Capt. THOMAS HOLMES, Presid'.
Chris : Taylor, - Wm. Southersby, Wm. Markham, Secre.
Wm. frampton, Jno. Barnes,
Ordered that y8 Summs here Sett Downe be taken as security for
Each person against who it stands, for his Keeping good Orders in
his Ordinary, with one to be joyned'with him, Viz:
Wm. frampton, whose house was Lycenced in ye \ x> eq
Stead of Holiman's Lycence. 5
Tho. Hooton, " 50
Benj. Chambers, 50
Ales Guest, 20
Geor. Bartholmew, 20
Mary Lichfield, 20
Ordered y' Joseph Knight have 3 months time given him to sell of
the Drink & Provision he has in his house, & afterwards to provide
some other way for a Lively hood, & not to Keep Ordinary longer
in y8 Towne.
Ordered y' a Comission be Drawne to Impowre Sam" Hersent to
prossecute all offenders against y8 penall Laws of this Province, & to
search for those y' are on Record Convicted, & prosecute them if y'
have not satisfyed y8 Law.
The Councill adjourned till y8 18' 12*" Mo. Next.

At a Meeting of the Councill in the Councill Room at Philadelphia
y8 1" of y8 12th Mo., 1685-6. PRESENT :
Capt. THOMAS HOLMES, Presid*.
Chis : Taylor, Wm. Southersby, Jno. Barnes,
Wm. frampton, Edw8" Green, Wm. Markham, Secre.

118 MINUTES OF THE
The Persons appointed by Comission to be Justices for y8 County
of Philadelphia, bearing date y8 6,b 9* Mo., 1685, being Summonsed
by y8 Sherriff to appeare before y° Councill to be attested, they not
having yett satt by Virtue of this mentioned Comission, There appear
ed and were attested :
Wm. frampton, Hump. Morry, Lacy Cock,
Jam. Claypoole, Wm. Salway, John Baven.
Rob* Turner appeared but Refused to be attested, desiring to be
Excused ; he would give his Reasons some other time.
Sam" Hersent, Atturney for y8 County of Philadelphia, was attest
ed in to y* Office.
The Petition of y8 Secretarys was Read, Requesting a Comission
to seise Ships & Vessells, Either] by myselfe or by my Warr',
directed to whom I shall think fitt, It was granted and a Comission
signed. The Petition of Charles Pickerin was Read, about his Land being
Survey'd away at Chester. It was Referred to y8 Councill.
Wm. frampton's Petition was Read, Requesting y8 Removall of y'
Caves before his Doof, he being about building a Wharfe.
It was Granted, and a fortnight's time given for y8 Removall ofy8
Goods out of ye Caves.
Adjourned till y8 8d Inst' by Eight in y8 Morning.

At a Meeting of y* Councill y8 3d of y8 12'" Mo., 1685-6.
PRESENT :
Capt. THOMAS HOLMES, Presid".
Wm. frampton, Wm. Southersby, Wm. Markham, Secre.
Adjourned till further Order.

At a Meeting of the Councill in the Councill Roome in Philadel
phia The 30th of ye first month, 16S6.
present:
THOMAS LLOYD, Presid*.
Wm. Frampton, Peter Alrichs, Wm. Markham, Secret7.
Edwd Green, John Roades,
The Returne ofy8 Member of Councill and Members of Assembly
for y8 Next Ensuing yeare for y8 County of Philadelphia was Read,
and were : FFOR PHILADELPHIA.
ROBERT TURNER, to serve in Councill for y8 next three years.

PROVINCIAL COUNCIL. 119
ASSEMBLY :
John Songhurst, Griffith Owen, John Goodson,
James Claypoole, Andrew Binkson, Tho. Duckett.
The Returne of Sussex County was Read: the Persons Returned
were:
WM. CLARK, to serve in Councill for y8 Next Three Years.
ASSEMBLY I
Sam" Gray, Hen. Bowman, Albert Jacobs,
John Vines, Norton Claypoole, Hen. Stricher.
The Returne of Kent County was Read. The Persons returned
were:WM. DERVALL, to serve in Councill for y8 Next Three Ensuins
Years. B
ASSEMBLY :
Wm. Berry, Richd Willson, John Walker,
Jno. Brinkloe, Rob' Bedwell, John Bradshaw.
Wm. Clark and ,Wm. Dervall were attested and subscribed there
unto, & then took their places in y8 Councill.
Joshua Barkstead's Letter was Read, bearing date 17'b 1° Mo.,
85-6, Requesting a Discharge from his Office of Coroner of Sussex
County. The Councill Reply'd a Speedy Course should be taken
for his Discharge.
' Adjourned till Eight to-morrow morning.

At a Meeting of y8 Councill in the Councill Room the 31 ofy8 1°
Mo., 1686. PRESENT :
THOMAS LLOYD, Presid*.
Wm. Darvall, Ph: Pemberton, Pet' Alrichs,
Wm. frampton, John Roades, Wm. Clark,
Edwd Green, Wm. Southersby, Wm. Markham, Secretary.
Tho. Janney, Nich.- Newlin,
The Returne of Chester was Read ; the persons Returned were :
JOHN SYMCOCK, to serve in Councill y° 3 Years next Ensuing.
FRANCIS HARRISON, to serve in Councill in Room of Wm.
Wood Deceased.
They were both attested and Subscribed thereunto, then took their
places in Councill. ASSEMBLY :
John Blunston, George Maris, Caleb Pewsey,
Rob' Wade, Barth. Coppock, Sam" Lewis.

120 MINUTES OF THE .
The Returne from Bucks County was Read; y8 persons Returned
were:
ARTHUR COOK, to serve for a member of Councill for y° three
next Ensuing Years. assembly:
Joseph Growden, Wm. Yardley, Joshua Hoopes, N
Will'm Biles, Jno. Otter, Jno. Rowland.
Robert Turner Came in to y8 Councill, was attested and Subscribed
thereunto, and .took his place at y8 board.
Arthur Cook Came in, was attested and subscribed, and took his
place at y8 board.
The Councill appointed a Comittee to Inspect y8 Laws & Re
ceive Complaints, and Report y8 same to y8 Councill, Viz' : being one
of Each County : comittee :
Rob' Turner, Phi. Pemberton, John Symcock,
John Cann, Wm. frampton, Wm. Clark. <
The Board understanding by the Respective members of Severall
Counties, that severall appeals were granted from their County Court
to y8 next Prov" Court at Philadelphia, Upon Which y8 Councill did,
according to Law, nominate three persons, Viz : Arth. Cook, Wm.
Clark & John Cann, to be Comissionated Prov" Judges, and Ordered
the Comission to be forthwith Drawn.
Adjourned till three in y8 afternoon.
POST MERIDIEM.
present:
THOMAS LLOYD, Presid*.
Wm. Clark, Pet' Alrichs, Tho. Janney,
Jno. Symcock. Edwd Green, Nich. Newlin,
Wm. frampton, Wm. Southersby, Arth. Cook,
Wm. Darvall, fran. Harrison, Phi. Pemberton,
John Cann, John Roades, Wm. Markham, Secre.
Rob' Turner, %
The Comission from ye Gov' to y8 Prov" Councill, Impowring them
to act in his Stead, with y8 Memorendum on the back side therof,
was Read.
Sam" Hersen, High Sheriff of Philadelphia, was sent for by the
Councill to Come forthwith before them, and to bring with him his
Comission. He Came, but Excused himselfe for no? bringing his
Comission, telling the Presid and Councill y' y8 Chest wherein y8
Com0" was, was Lock'd up in a Roome, and y8 man y' had y8 Key
was out of Towne. J J
The Councill Ordered him to bring it to-morrow morning
A Letter from John Brinkloe was Read, Requesting to be' Dismis
sed from his Office as Clark of Kent County,

PROVINCIAL COUNCIL. 121
Ordered y' Wm. Berry be Comissionated in his Roome, and yl
his Comission be forthwith Drawne.
Adjourned till Eight to-morrow Morning.

At a Meeting of the Councill in y8 Councill Room at Philadelphia
y8 Is1 day of y8 2d Mo., 1686. present:
THOMAS LLOYD, President.
Wm. Clark, John Roades, Nich. Newlin,
Wm. frampton, Tho. Janney, Arth. Cook,
John Cann, Rob' Turner, fran. Harrison,
Pef Alrichs, Wm. Darvall, Edwd Green,
' Jno. Symcock, Wm. Southersby, Wm. Markham, Secre.
Phi. Pemberton,
According to an Order yesterday, Sam" Hersent Came before y8
Councill, and brought with him his Comission for high Sherriff of y8
County of Philadelphia, w8" was dated y8 23d of y8 8th month, 1684,
and was made to Stand in force for One whole year, or till further
Order; he was Ordered to withdraw, and then ye Presid' putt it to y8
Vote whether Sam" Hersent should be authorized to Execute ths
Office of High Sherriff untill further Order. It was Carried in ye
Affirmative ; the Order Subscribed on y8 Old Comission and y8 Seal
put to it, y8 w8" is Recorded.
The Comission formerly granted to Sam" Hersent, bearing date y8
15*1 11th Mo., 1685-6, Impowring him to be Atturney for y8 County
of Philadelphia, to prossecute all offenders that break y8 penall Statutes
of this Province, was Read. It was put to y8 Vote whether a Sheriff
should be an atturney in the same Court he is Sherriff: was Carried
in- y8 Negative, Nemine Contradicente, with an Order thereunto to be
made. • Ordered by the Councill, y* no Clark of any Court within this
Province and Territories should be allowed to plead as an atturney
any Cause in y' Court he is Clark off.
Itt was put to y8 Vote whether there should be an Order of Councill
That there should be tenn days Respite between Judgment and Grant
of Execution in all Civill Causes between man & man, In all Courts
within this Province and Territorys, it was Carried in ye Affirmative.
The Makeing the Order was Referred to y8 next sitting of Councill.
Adjourned till Seaven to morrow Morning.

11

122 MINUTES OF THE
At a Meeting ofthe Councill in The Councill Room the 2d day of
y8 2d Mo., 1686. PRESENT ;
THOMAS LLOYD, Presid.
John Symcock, John Cann, fran. Harrison,u
Wm. frampton, Tho : Janney, Wm. Clark,
Wm. Dervall, Pet' Alrichs, Jno. Roades,
Edw" Greene, Wm. Southersby, Wm. Markham, Secre.
Rob' Turner, Nich. Newlin,
The last minute of yesterday's Councill was Read, about Respiting
Execution after Judgm', and there upon was ordered y' there should .
be tenn days Respite between Judgm' given in y8 County Courts with- /
in this Province and Territoryes in all Civill Causes, and .signing the
Execution thereoff, and that in the Prov" Court no Execution shall be
served untill Eight days after Judgm' given.
John Roades being Sick, Requested leave of this board to withdraw,
w80 was granted.
Severall Bills to be past into Law were Read three times this day
and passed, And Ordered they should be promulgated, wcn were as
followeth, Verbatim:
The President and freemen in Prov" Councill Mett, at Philadelphia,
the thirtyeth day ofy8 first Month, One Thousand six hundred Eighty
Six, have prepared to be published according to Charter, these follow,-
ing Bills, for the notice and Concurrance of the freemen in Assembly
to meet the Tenth day of y8 next Third month, in y8 Towne of Phila
delphia, in the forme and Style of Laws, then and there to be Confirm
ed, amended or rejected, as the Genall Assembly shall in their Wis-
dome See meet :
1. Be it Enacted by the Authority aforesaid, that these following
Chapters and paragraphs be additionall Laws ofy" said Province &
Territorys thereunto annexed, that is to say ; all those Laws made at
Chester by y8 Assembly, in y8 lO10 Month, 1682, and at Philadelphia
in y8 first Month, 1683,' and "at y8 same place in the 8th month, 1683,
and at New Castle in y8 3d month, 1684, and at Philadelphia y8 3d
Month, 1685, shall, and are hereby Continued to Stand and be in full
force and Vertue untill y8 End ofthe first Session of y8 next Generall
Assembly, and afterwards untill the Publication of Other Laws to be
past in the next Genall Assembly, be had, made and done, Except
such Laws, or part of Laws, as are by any of y8 following Laws Ex
plained, Varied or added unto, and that these Bills Ratisfyed by the
Genall Assembly, shall Continue in force untill y8 publication of
Laws in the next Generall Assembly following.
2. Bee it Enacted by y8 Authoritye aforesaid, that Every Offender
Legally Convicted and fined for the breach of any penall Law, shall
forthwith pay his or their fine or penalty, or give Security Speedily to
doe it; but in Case it be not paid, or secured to be, payd, as above
sayd, that then y8 Court or Justice who Imposed the fine, shall forth
with, by Warrant directed to y8 Sherriff or Constable of y8 respective
place, cause the same, with Costs that shall arrise thereupon, to be

PROVINCIAL COUNCIL. 123
Levyed on ye Goods or Chattells of y8 party offending, by distress and
Sale, rendring the overpluss to the party ; but if noe goods Can be
found to satisfye such fines, that then the Sheriff or Constable shall
take and Secure the body of such person til satisfaction be made, and
y' y8 Sherriff or Constable soe Collecting the said fines, shall make re
turne to the next County Court, or such Officer as the Gov' and Prov"
Councill shall appoint, to y8 End such fines may be distributed ac
cording to Law.
3. Wheras ye Law for Deffraying the respective Charge of Each
County, Authorise y8 County Court to Assess in Open Court ye ne
cessary Charge of y8 same, It is Enacted by y8 Authority aforesaid,
y' the said Courts are hereby further Impowred to Grant their Warr'
upon non payment for ye Levying of y8 said Assessments by distress
and Sale of Goods, rendring y8 overpluss to the Owners.
4. Wheras al Charters, Gifts, Grants and Conveyances of Land,
and all Bills, Bonds, & other writings, wch by y8 44 Chapter of Laws
made at Upland, were required to be Registred or Inrolled in y8 pub*
liq InroUsm' Office, according to y8 Mannor, & within ye time there
prescribed, under y8 penalty of being Vbyd in Law, yet notwithstand
ing, were not brought to ye Inrollem' Office to be accordingly recorded :
Now for y8 satisfaction of severall purchasers of Lands and Inhabi
tants within this Province and Territories, who, some of them being
under a mistake concerning ye Intent of y8 said Law, Others under
Considerable Inumbrances and a sort of Inconsideratness upon their
begann Settlement, have neglected and lapsed y8 time, to y8 manifest
hazard & making Voyd such respective Instruments or writings.
It is hereby Enacted and Declared, by the president and Prov" Coun
cill, with y8 freemen, in Assembly Mett, that all such Charters, Gifts,
Grants, & Conveyances of Land, and all such Bills, Bonds, Spetial-
ty's tho' they were not Legally Recorded, that they are hereby repu
ted, and shall be deemed and Stand authentique in Law, and are In
demnified hereby; provided that all such Charters, -Gifts, Grants &
Conveyances of Land, w8h are or shall be, or Come into this Province
& Territories, shall be brought to be registred in the Respective In-
rollement Office for this Province & Territories, within six months af
ter y8 five and twsntyeth day of ye next Third Month", otherwise such
Charters, Gifts, Grants &, Conveyances of Land to be Voyd in Law,
any thing in y8 said 44 Chapter of Laws for the making Null such
writings & Instruments to y8 Contrary notwithstanding.
5. For the a Voydingof to frequent Clamors and manifest Incon
veniences w8" usually attend mercenary pleadings in Civill Causes, It
is Enacted by y8 authority aforesaid, that noe persons shall plead in
any .Civill Causes of another, in any Court whatsoever within this Pro
vince and Territories, before he be Solemnlye attested in open Court,
that he neither directly nor Indirectly hath in any wise taken or receiv
ed, or will take or receive to his use or benefit, any reward whatsoever
for his soe pleading, under y8 penaltye of 51b. if the Contrary be made
appear. The President adjourned yB Councill till further Ord".

124 MINUTES OF THE
At a Meeting of -y8 Councill at y8 Councill Roome in Philadelphia
y83dof y82dMo., 1686. PRESENT :
THOMAS LLOYD, Presid.
Jno. Symcock, Wm. frampton, Wm. Darvall, ,
Wm. Clark, Pet" Alrichs, Tho. Janney.; *V
John Cann, Jno. Roades. Wm. Markham,Secre.
fran: Harrison;
Ordered that Comissions be drawne for such Counties whose Co-
missions ofy8 Peace are expired or upon Expiring.
Edwd. Green, one of y8 Councill, Compla yneth against Wm. Phil
lips for nof performing his part according to Order of Councill, y8
28th 7th Mo., 1685, The Councill did this day order that y8 Difference
Depending between Edwd. Green and Wm. Phillips should be heard
before Peter Alrichs and John Cann, and that they should Report the
same to the Councill.
Report being made by y8 Members of Bucks County, That Richd
Ridgway is a fitt person for y8 Keeping an Ordinary in y' County, a
Lycence was Ordered accordingly.
Ordered y' John Barnes be sent for to appear the next sitting of
Councill, and give Reasons for his absence, or suffer fine.
The Presid*. adjourned y8 Councill till 9th Inst'.

At a Meeting of the Councill in y8 Councill Roome The 9* of y8
2d Mo., 1686. PRESENT :
WM. CLARK, President, Chosen by y8 Councill.
Arth. Cook, Edw" Green, John Cann,
Wm. frampton, John Barnes, Wm. Markham, Secre.
Wm. Southersby,
After ye Members of Councill were Sett, the Comission from y8
Gov" Impowring them to Choose one from amongst themselves in y8
absence of Tho. Lloyd, to be their Presid, was Read, and they unani
mously Chose Wm. Clark.
The Petition of Widdow Hilliard and John Hilliard, Jun", against
Griffith Jones, was Read, setting forth y' the sd Griff. Jones having
obtained an Execution ag' y8 Estate of John Hilliard, Deceased, would
not Execute y8 same on no other part of y8 sd John Hilliard Estates then
the Plantation on wcn shee, y8 Widdow ofy8 sd Hilliard, and her Chil
dren lives on, tho' there be enough in other places to satisfie y8 Exe
cution of ye Effect of Deceased's Estates.
The Councill Considering the same, was pleased to send for y°
Sherriff of Kent County, who was then in Philadelphia, and told him
their opinions of y8 Matter, w8" was, That if there be other Effects to

PROVINCIAL COUNCIL. 125
satisfie Griffith Jones's Execution to be found, that it ought not to be
served on y8 Plantation the Widdow and Children now lives on.
The Petition of Cornelius Bom, Requesting a Lycence for his
Keeping an Ordinary ; it was Refused.
The Petition of Jacob Vandsrvere was Read, setting forth yc
illegall and un-Christian serving an Execution on his goods, and
turning him, his wife and Children out of y8 Doors, and not Leaveing
them any thing to susteine nature. Ordered y1 a Coppy thereoff be
sent to y8 Sherriff, another to y8 Clark of New Castle County, Requi
ring them to appeare before ye Councill to answere the same y8 Tenth
day of y8 next Third month.
The Petition of John Walker was Read, Requesting a Lycence to
keep an Ordinary at New Castle.
Ordered he first make satisfection to y8 Secretary for the abuse he
gave at his houss at New Castle.
Ordered that y8 Comissions following be forth Drawne and sinned
by y8 Now President, Viz':
f Sam" Land, High Sherriff of New Castle County.
| Rob' Robertson, Coroner of New Castle County.
for <{ Joshua Barkstead, Atturney Genall for y8 County Sussex.
I John Vines, Coroner of y8 County of Sussex.
I^Jno. Bradshall, Atturney Gen" for Kent County.
The Petition of John Briggs was Read, Requesting that he might
be Dismist from be any longer a Justice.
Ordered that he be left out of y8 next Comission.
Adjourned till further Order.

At a Meeting of the Councill in y8 Councill Room In Philadelphia
y8 14"' of y8 2d Mo. 1686. PRESENT :
WM. CLARK, Presid, Chosen by y8 Councill.
Jno. Symcock, Edwd Green, Wm. Markham, Secre.
Arth. Cook, John Cann,
There was signed at y8 board these Comissions following, Viz* :
Jno, Vines, Coroner of Sussex County.
Sam" Land, Sherriff of New Castl'e County.
Rob' Robertson, Coroner New Castle County.
Jno. Bradshaw, attorney for Kent County.
Joshua Barkstead, Atturney for Sussex County.
Ordered that the Comissions following be forthwith made and
signed by y8 now Presid': 11*

126 MINUTES OF THE
f Tho. Usher, High Sheriff, Chester Countys.
. J John Vines, Sussex. ~)
for ") John Martin, Kent. \- Waterbalys.
LSam" Land, New Castle. J
The Comissions were signed by Wm. Clark.
Adjourned till further Order.

The 28*" ofy8 2d Mo., 1686.
The Secretary having Rec" a Letter from y8 Gov", Directed to y8
Presid* and Councill, gave Order to y8# Messenger, Thorn. Clifford, to
give notice to as many Members of the Councill as possible, that
they meet at y8 Councill Room in" Philadelphia y8 30th Inst', by tenn
in y8 forenoon.

The 30th ofy8 2d Mo., 1686.
THERE METT.
Robert Turner, Edwd. Green, Wra. Markham, Secre.
Wm. Frampton, John Barnes,
The Gov™ Letter was Read to them, w8" bore Date y821, 8 Mo.,
1685. The Secretary Related to them the sad Complaint y8 passenger had
made that Came in Conoway from England, bound to this place, but
forced by y8 said Conoway to Bermudas, and from thence Came pas
sengers to Philadelphia in a Sloop named y8 Endevour, Belonging to
Bermudas, Dan" Styles Master, and further desired that they would
advise whether the Shipp now Lying in Appogimany Creek, 
Symson Master, be not Loyable to make good y8 Dammages Don to
y8 Inhabitants of this Province by Conoway, they haveing both one
owner, y8 Secretary supposing an Owner is to make Restitution for
all Dammages that shall accrue by ye unlaw actions ofy8 Master.
But there not being a sufficient number of Members to make a quo
rum, they Choose no Presid', but agreed to meet againe y8 3d day of
y8 3d month next, and in y8 meantime they would Consider of it.
, This Evening Came in to Philadelphia Two Members of Councill
for y° County of Bucks, Viz': Arth. Cook & Tho: Janney; they
Desired I would send y8 messenger to y8 members of Councill nigh at
hand, to Request they would sitt to morrow in Regard their Buisness
would not permitt their Stay in towne so long as y8 third Inst', the
time before appoynted, the w8" was accordingly don.

PROVINCIAL COUNCIL. 127
At a Meeting of the Councill in y8 Councill Room in Philadel
phia y8 1st day ofy8 3d Mo., 1686. present:
ARTHUR COOK, Presid., Chosen by y8 Rest.
Rob' Turner, Tho. Janney, Wm. Markham, Secre.
Wm. frampton, Wm. Southersby,
The Gov™ Letter, Dated 21, 8 Mo., 1685, Directed to y8 Presid &
Councill, was Read.
Ordered y' it be Read againe y8 Tenth Ins'.
The Secre. Reporting the same to yB Councill he yesterday did
to y8 Members present, Relating'to y" Passengers that in Richd Cono
way Shipp Received Extreem bad Usage ; whereupon it was Order
ed that y8 Secretary should summons all such to appeare before the
Councill that should Come to his knowledg, y' can give any Light
in y8 Matter on y8 tenth Inst'.
Robt. Turner & Wm. frampton were attested as Justices of y8
Peace for the Towns and County of Philadelphia, they having had a
Comission Lately made.
Ordered y' what members of Councill could be gott in or near the
Towne of Philadelphia on y8 3d Inst', should attest those Justices that
have not been attested since their Last Comission, the Sheriff having
had Orders to give y8 Justices notice thereoff.
Adjourned till further Ord".

At a Meeting of the Present Member in or about y8 Towne, ac
cording to an Order of Councill y8 Is' Ins', This 3d of y8 3d Mo.,
1686. present:
Robt. Turner, Jno. Barnes, Edwd. Green.
Wm. frampton,
They Chose no President, but they wsrs attested before them ac
cording to y8 Order afore said, James Claypoole, Wm. Wardner,
Wm. Sallaway & John Goodson, & then they broak up.

At a Meeting ofthe Councill the Tenth of y8 Third Month, 1686„
in y8 Councill Room at Philadelphia. present :
THOMAS LLOYD, Presid'.
John Barnes, Nich. Newlin, Luke Watson,
Robt. Turner, John Symcock, Jno. Roades,
Tho. Janney, Wm. Southersby, Wm. Clark,
Arth. Cook, Wm. Frampton, Wm. Markham, Secre.
fran Harrison,

128 MINUTES OF THE
Credible Information being given to this board that Luke Watson,
one of y8 Members thereoff, Lay under - suspition of being Carnally
Concerned with a Woman Serv' to his Brother in Law, and Likewise
y' he stood at this Present, Bound to the Peace for his misdemeanors,
they board Ordered him to withdraw, that they might Consult about
V Information; after a Deliberate Consultation, The hoard ordered
Luke Watson to be Called, and told him y' he was accused of having
Carnal! Knowledge of his Brother in Law's woman Servant, and furth
er, y' he then stood bound to ye peace for Misdemeanors, and therefore,
untill he appeared in Law Innocent of those great Offence he was ac
cused off, they Could not admitt him to Sitt amongst them,' upon w8"
he went forth.
Henry Lewis Request the Councill that they would be pleased to
appoynt one in his Roome in y8 Office of Coroner for y8 County of
Philadelphia. Ordered an other person be speedyly Comissionated in his stead.
Adjourned Till 4 in y° Afternoon.
POST MERIDIAM.
THOMAS LLOYD, Presid.
Rob' Turner, Tho. Janney, John Roades,
Wm. Clark, Arth. Cook, Wm. Southersby,
Wm. frampton, Nich. Newlin, John Symcock,
Wm. Darvall, Petr Alrichs, fra. Harrison,
John Barnes, Phi: Pemberton, Wm. Markham, Secre.
John Otter and Norton Claypoole, Members of y8 Assembly, Came
with a Message from them to acquaint y8 Councill that if they were
at Leasure the Assembly would Come and wayt on them.
The Councill answered that it is now late, it being past Six, but
by seaven to-morrow morning a. Comittee would sitt to Receive from
the Assembly, or any of them, their proposalls for y8 amendment or
alteration of y8 promulgated bills according to Charter.
A Comittee was Chosen, Viz':
Wm. Clark, Arth. Cook, Tho. Janney,
Wm. Darvall, Wm. frampton, , John Symcock.
Adjourned till 9 to-morrow forenoon.

The ll"1 of the 3d month, 1686.
The Comittee Satt Early this Morning.
PRESENT :
Wm. Clark, Wm. Darvall, Tho: Janney,
Wm. frampton, Jno. Symcock, Wm. Markham, Secre.
Arth. Cook,
Wm. Clark was Chosen into y" Chear by y° Rest.

PROVINCIAL COUNCIL. 129
[Vid 9'" 2d Mo., 86, John White.^)]
Wm Yardley and Wm. Biles Came to y8 Comittee from y8 Assem
bly, tould them their Message was the Councill had sent a Warr' to
one of their member, and they questioned the Councill's power ther
in, to w8" y8 Comittee made no Reply, nor they insisted further on it,
but told y" Comittee that their Chief buisness was that whereas the
Assembly Yesterday had sent to y8 Councill to Informe them y' it
were there Desire to speak with them, y8 Councill sent answer that
they would appoint a Comittee to Receive from them their proposalls,
but the Assembly did not think §. Comittee was sufficient to Receive
them, and y' they wanted y8 promulgated bills. Ths Comittee
made answer they would Informe y8 Councill of their message, and
•then broak up.

, At a Meeting ofthe Councill the 11'" of y" 3d month, 1686, In the
Councill Roome. present :
THOMAS LLOYD, Presid.
Rob' Turner, John Symcock, Wm. Clark,
Tho : Janney, Wm. frampton, Wm. Southersby,
Ph: Pemberton, Wm. Darvall, John Cann,
Arth. Cook, Jno. Barnes, Pet' Alrichs,
fran. Harrison, Jno. Roades, Wm. Markham, Secre.
Wm. Clark Reported to y8 Councill y8 Message from the Assembly
to y8 Comittee.
Ths Councill Ordered John Symcock and Wm. frampton to goe
with y8 promulgated bills to y8 Assembly.
Wm. frampton having urgent business, had Leave for this day's
absence. A Member of Councill moving that Luke Watson desired to know
whether he was Dismissed from giving any further attendance for
this Session, y8 Councill Debated y8 matter againe, and Concluded
that this following written should be read unto him; he being Called
in, and advised by y8 Presid of y8 Councill's Result in their Debate
about his misdemeanors.
The Secretary Read what was Concluded on, as followeth, Viz':
Wheras, Information being given this board that henry Smith
of y8 County of Sussex, hath attested that he did goe in fear of his
life of Luke Watson, one of y" members thereoff, and it not appear
ing to this board that he is Legally Discharged from y8 same, The
Councill Doth therefore think fitt that y8 said Luke Watson doe for
bear to give his attendance at this board untill further Order.
James Claypoole & John Blunston Came from the Assembly;
their Message was that it being y8 first time they have desired a
Conference with y8 Councill, therfore they desired y8 Councill would
appoint a time for it.

130 MINUTES OF THE
The Councill Answered that if the Assembly would adjourne a
little they would adjourne to the place they Satt in, (meeting house,)
this being not Large enough to Receive so great a number.
John Songhurst & John Goodson was sent from y8 Assembly ;
their Message was to Lett y8 Councill know y" Assembly Received
the Councill's answer to their last Message kindly, and Desired their
meeting together might be an hour hence, that they might have that
time to Reffresh themselves, most of them having been there Ever
since six in y8 Morning.
The Councill Answered it were better to bs don Immediately, for if
they Sepperated it would be a Longer time before they gott together
againe. The Councill adjourned from this Place to y8 Meeting house, in
Order to Receive the proposalls of y8 Assembly, and for the service
of this board.

In the Meeting house, the same Day as before.
present :
THOMAS LLOYD, Presid*.
Wm. Clark, Wm. Southerby, Pet" Alrichs,
Wm. Darvall, Phi. Pemberton, Jno. Roades,
Tho. Janney, Jno. Symcock, Wm. frampton,
Jno. Barnes, , John Canny Nich. Newlin',
Robt. Tiirnsr, fran. Harrison, Wm. Markham, Secre.
Arth. Cook,
The Assembly were Desired to Come in ; there was a Long De
bate between y8 Councill and them about privilegss, but nothing Con
cluded off; y8 Presid ordered y8 Secretary to Read 13 parraeraph of
ye Gov™ Charter to y8 People.
Adjourned till to morrow morning,, or further Order.

POST MERIDIAM.
At the Comittee.
PRESENT :
Wm. Clark, Arth. Cook, Wm. Darvall,
Jno. Symcock, Wm. frampton, Tho. Janney.
James Claypoole, Norton Claypoole, Wm. Byles, John Blunston
Abra. Mann and John Bnnkloe, being one Member of Assembly of
Each County were sent from y8 Assembly to Request y8 alteration of
y. ?! 7t ?^°f I'P'h (fr°m £ Presid' &c-) Tlie C°™ttee answer
ed that they did believe y8 Councill would Condisent to their Re-
quest. The Comitte Rose.

PROVINCIAL COUNCIL, 131
At a Meeting ofthe Councill in y8 Councill Roome in Philadelphia
y8 12th day ofy8 3d Mo., 1686. present;
THOMAS LLOYD, Presid*.
Wm. Clark, John Cann, Robt. Turner,
Jno. Barnes, Arth. Cook, Wm. Darvall,
Wm. Southersby, John Symcock, Wm. frampton,
Nich. Newlin, Phi. Pemberton, Wm. Markham, Secre.
fran. Harrison, Tho. Janney,
Wm. Clark Reported to y8 Councill y8 Message from ye Assem
bly to y8 Comittee, Requesting y8 Alteration of y8 Stile of y8 bills, to
w8" y8 Councill agreed.
The Petition ofy8 french men sent over by Ballases was Read,
Complayning ag' Bellases agents for not performing y8 Contract be
tween Bellases' & y8 frenchmen ; it was Ordered y' Arth. Cook, John
Symcock, Robt. Turner, Wm. frampton, should Examine and Re
dress the sams with all Expedition.
Adjourned till y8 5'n hour in y8 afternoon, By y8 Presid'8 Order.
POST MERIDIAM.
The Committee.
present :
Wm. Clark, Arth. Cook, Tho. Janney,
Wm. frampton, John Symcock, Wm. Markham, Secre.
Wm. Darvall,
A Message from y8 Assembly came by two persons out of Each
County, John White One, Requesting y8 alteration of y8 first bill, to w8"
they gave a note not signed by any, w* folio weth Verbatim, Viz':
The Assembly desires these three amendments in y8 bill No. Is'
Viz : after y8 word Except these words be added : (Such Laws as
have been by former Law Repealed, and y' such Laws shall be con
tinued with y8 Variation, as by succeeding Laws have been Varied,
2dly. that the late Laws relating to y8 Killing Cow Calves, &c, and
y8 Law Relateing to pipe Staves, be no longer Continued. Sdly.
The Laws to Continue till Twenty Days after y8 rising of y8 next
Gen" Assembly, & no Longer.)
To wch y8Comittee answer'd they would Report y" same to ye Coun
cill, and y' they might Expect their answer.
The Comittee Roase and y8 Council! Sat.

THOMAS LLOYD, Presid'.
Wm. Clark, Wm. Southersby, Jno. Symcock,
Wm. frampton, Rob' Turner, Jno. Cann,
Wm. Darvall, Tho. Janney, Wm. Markham, Secre.
Ph. Pemberton, Arth. Cook,

132 MINUTES OF THE
Wm. Clark Reports to ye Councill y8 Message of ye Assembly,
Relating to y8 alteration ofy8 first bill; y8 Paper they gave was Read,
vid: this day's minutes of y8 Comittee.
[Vid 9*h 2d Mo., 86.]
John White Presented himselfe to ye Councill, told them he was
now Ready to answer the Summons they were pleased to send him.
The Councill answer'd they took it Kindly of him, but they would
heare it some Convenienter time, and not hinder y8 buisness they were
now about. ,,,,,-!
Luke Watson Desired of y8 board they would lett him know nis
accuser, to w8h they making no answer, he Requested y' Henry Bow
man might be Called to Declare before y8 board what he knew of his
not being bound to peace, who was Called and Declared as fol-
loweth,Viz': That Luke Watson's Brother-in-Law (one Smith) told
him y' the Difference between him & Luke Watson was Ended, &
that they were now friends, & that there would be nothing more don
in that buisness.
Adjourned till Eight To-morrow morning by y8 Presid"' Order.

At a Meeting of the Councill in y8 Councill Roome in Philadel
phia y8 13 of y8 3d Mo., 1686. present:
THOMAS LLOYD, Presid.
Wm. Clark, Rob' Turner, John Symcock,
Wm. frampton, Tho. Janney, John Cann,
Wm. Darvall, Jno. Roades, Pet" Alrichs,
Phin. Pemberton, Jno. Barnes, fran. Harrison,
Wm. Southersby, Arth. Cook, Wm. Markham, Secre.
The Request of Jno. Smith and Henry Painter, Inhabitants of
Southampton Township, was Read, Requesting this board to heare
their Complaint ag' y8 Indians who had Killed severall of their
Swine. The Councill Called them in, and Ordered them to give their Com
plaint in Writing to y8 Secretary, & mention ye names of y" Indians
y' they knew, or did Imagine did y8 fact, and then y8 Councill would
take all possible Care to Redress them by Law ; and further, Ordered
y' y8 Respective Kings might be sent to by some proper Messenger to
make satisfaction.
The Request of y8 freemen of y8 County of New Castle was Read,
Requesting a Fare to be kept in y' Towne twice a year.
The Assembly came to y8 Councill and presented in writing some
alteration to be made in y8 bill No. 1 , w* were y8 same as offered y8
Comittee y8 12*n Ins*.
Adjourned till six to-morrow morning, or Sooner,' if occasion, by
y8 Presid*8 Order.

PROVINCIAL COUNCIL. 133
The Comittee in y8 Evening.
present :
Arth. Cook, Rob' Turner, Wm. Markham, Secre.
Jno. Symcock, Wm. frampton,
four Persons, Viz': Wm. Byles, Jn° Goodson, Geo : Maris, &
Tho :  *', were sent from y8 Assembly with a Message in Wri
ting about the Removall of Patrick Robinson from his places, wc
followeth, Verb.
The Assembly dos Request y8 Presid' and Prov" Councill would be
pleased to give their Reasons why y8 Request of ye Late Assembly
Concerning y8 Removall of Patrick Robinson from all publick Offices
of Trust, was not according to promis6, answered.
The Comittee Rose, telling them they would present it to y8 Coun
cill.

At a Meeting of the Councill in y8 Councill Roome at Philadelphia
y8 14,h3dMo. 1686. PRESENT :
THOMAS LLOYD, Presid'.
Arth. Cook, Wm. frampton, Jno. Roades,
Wm. Clark, fran. Harrison, Pet" Alrichs,
Wm. Darvall, Jno. Carm, Phin. Pemberton,
Jno. Barnes, Tho. Janney, Wm. Southersby,
Jno. Symcock, v Nich. Newlin, Wm. Markham, Secre.
Robt. Turner,
The Comittee y' Satt yesterday in y8 Evening, Reported to y8
Councill the Messags from y8 Assembly, wch was in writing and
Read, about Patrick Robinson. The Councill Declared it was not
Proper nor Seasonable to be answered, nor was it signed by any of
y8 Assembly.
John Cann, a member of Councill, had Leave to goe about his ur
gent occasions untill y8 Eighteenth Inst', 10 in y8 forenoon.
Ordered a Lycence be made for Tho: Hallyman to keep Ordinary
in Philadelphia.
Ordered a Lycencs be made for Wm. Hambleton to keep Ordina
ry in New Castle.
Ordered a Lycence be made for John Roades to keep ordinary in
Sussex County.
Ordered y' a Paper be drawn and published for yB better Regulating
y* affair and Keeping y8 peace.
*By reference to the Votes of Assembly Vol. 1" page 38, it ap
pears that the name omitted is that of Tho : Ducket.
12

134 MINUTES OF THE
The Request of some of the Justices of Chester County against y8
Clark ofy' Court "was Read.
The Councill was pleased to answer that in Regard they had not
given any Perticular Charge against him, they Could not answer
their Request.
Adjourned till y8 17tb Ins', 10 in y8 forenoon.

At a Meeting of the Councill in the Councill Room in Philadelphia
ye 17* ofy8 3d Mo., 1686... PRESENT : ,
THOMAS LLOYD, Presid*.
John Symcock, Wm. Southersby, Arth. Cook,
Tho. Janney, Nich. Newlin. Edwd. Green,
fran: Harrison, John Roades, Wm. frampton,
Jno. Barnes, Phi : Pemberton, Wm. Markham, Secry.
Robt. Turner,
Ordered y' a Perticular Comission be drawn forthwith, to Consti
tute Chr : Taylor Justice of y8 Peace for y8 Towne &, County of
Philadelphia. James Atkinson's Complaint against Henry Stretcher and Charles
Haines was Read, setting forth there abuse to him in his Doeing his
office, Viz : gethering ye Propriet0™ quitt rents.
Henry Stretcher being a member of Assembly, and now Sitting, y*
Councill ordered y8 Compjaint should be sent to them to peruse.
Adjourned till Six to morrow Morning.

The Comittee Satt before y8 Councill in y8 Councill Room the 18*°
3d Mo., 1686. PRESENT :
Wm. Clark, Wm. Darvall, Nich. Newlin,
Arth. Cook, Jno. Barnes, fran. Harrison,
Tho. Janney, Robt. Turner, Wm. Markham, Secre.
Wm. Byles and Cornelius Empson Came w*" a Message from y°
Assembly, woh was to Request a Conferrance between y8 Councill &
Assembly about ye amendm18 ofy8 first bill; y* Comittee answered y'
they would informe y° Councill thereoff, but supposed they would
not admitt of any Dispute, in Regarde it was y8 last day in w* they
were Either to accept or Reject them.

PROVINCIAL COUNCIL. 135
At a Meeting of y8 Councill in y' Councill Room In Philadelphia
y8 18*° of y8 3d Mo., 1686. PRESENT:
THOMAS LLOYD, Presid.
John Symcock, Wm. Darvall, Tho : Janney,
Wm. Clark, Rob' Turner, John Barnes,
Arth. Cook, fran. Harison, Nich. Newlin,
Jno. Roades, Phi: Pemberton,. Wm. Southersby,
Pet' Alrichs, Wm. frampton, Wm. Markham, Secre.
The Comittee Reports to y8 Councill y8 Message they Received this
morning from y8 Assembly.
Wherupon y8 Councill debated upony" method of Reading y8 bills
in order to secure and prevent y8 overthrow of y8 Laws of this Pro
vince, w8" in Case more then one bill had been Read and y' of Con
tinuance had been Rejected, would Inevitably have followed.
The Councill seriously weighing & Considering y8 great trust
wherewith they are in Vested, & 'unto wch they are Solemly obliged
by y8 Express provisoes of ye Great C harter of this Province & Ter
ritories, by y8 Act of Settlement, and by y° Gov™ and Prop0™ Comis
sion, granted unto them under y8 Great Seale whereby they are Im
powred, more Especially as to y" Executive Capacity in Relation to
y8 Justice, Peace and Security of our present Constitution, and y'' no
thing be Contmuanced nor allowed of that may Interferr, Hazard, or
seem to Introduce a Subvertion of this frame of Governm' ; and
upon y8 Debate in Councill Concerning ye Reading y8 proposed bills
to y8 Assembly, it was by y8 President putt to y8 Memb™ of y8 board,
perticularly whether if y8 first bill being a bill of Continuation of
y8 former Laws, &an Expressive of y8 Duration of such bills which
are to pass into Laws this Gena" Assembly, whether if y8 said bill
should not pass in y° Assembly, any more bills should he Read by
y8 Clark of y8 Councill unto them, & so y8 Assembly, by Refusing
y° first & passing two or more other bills, The Inhabitants of this
Province should be Stript & Left Destitute of such Laws of whose-
service they have had good Experience, By y8 uncertain compensa
tion of such few ones wose use wee are upon Tryall off, & w8" Can
not be supposed of y' Extent to Supply y8 Loss of such wch will Inevi
tably be Discontinued' therby.
The Councill Unanimously & Successively gave their Thoughts
and Expressed themselves that upon refusall of y8 Assembly's pass
ing of y8 bill for ye Continuance of former Laws, that it would not
be only advisable but Requisite for this juncture & Present time,
That y8 Prov" Clark forbear Reading of y8 Promulgated bills in ord
to propose them to their assent or Dissent. ' The Preservation of ye
Governm' in y8 forme wherein it is at present, being more Expressly
our Respective Duties, then Exposing y8 same by Dubious and Inse
cure methods to unavoydable mischeiff.
Wm. Byles & Cornelius Empson Came to acquaint y8 Councill
y1 y8 Assembly were Ready to wayte on them in ord' to finish y8 Le-
gislation, it being y8 Last day.

136 MiNUTES OF THE
The Councill answer'd they were ready, and y8 Assembly might
Come when they please.
The Assembly Came to y8 Councill with their Speaker, who in
y8 behalfe of himselfe and Assembly, Desired y8 amendments of y8 first
bill as they had before given in in writing, to w8" the Council not Con
senting, there arose a Long Debate about y8 Privileges of y8 Assem
bly, wcl" not being granted by y8 Councill, and y' no president should
be Left upon Record whereby to prejudice y8 Privileges of y8 Assem
bly, The Genall Assembly did Unanimously agree that all things
Relating to y8 premises should Remaine in y" same State and Condi
tion as they are at this present time, untill y8 Gov' shall arrive and
y8 Contraversie determined before him. Wherupon y8 Assembly
Took Leave of y8 Council and Departed.
The Councill Considering ye Debate they had with y8 Assembly,
did unanimously agree and Ordered that this following Concurrance
should be Entred, (Viz :)
Upon a Conferance had at this board with y8 Assembly, more Es
pecially upon some amendments and alteration of them offered to
ye first bill for Continuance of former Laws, ye Councill Expressly
understanding from some of their Cheifest members that they would
not pass y8 said bill Unless w*" such Exceptions and amendments,
wcn if granted, would in our judgments be Insecure & Inconsistent
with y8 allowed methods in such a Case, and y8 present frame of Go
vernm', and lead to y8 Introducing an unsafe and hetherto unpractised
way in proceedure upon Repeales, as first .proposing y8 same in this
time of y8 Gena" Assembly, and so Lapsing or neglecting the pre
vious Notice of yB Legislative Councill.
Upon y8 Serious Consideration of y8 Premises, it was Demed Ex
pedient by y8 Geneall Assembly that y8 Reading of the promulgated
bills should be Waved for this present Session, Least a misunderstand
ing, or a greater Inconvenience might thereupon Ensue.
Adjourned till y8 Afternoone. POST MERIDIEM.
PRESENT :
THOMAS LLOYD, Presid.
Arth. Cook, John Roades, Robt. Turner,
Wm. frampton, Wm. Southersby; Phin. Pemberton,
Wm. Clark, John Symcock, fran. Harrison,
Pet' Alrichs, Wm. Darvall, Wm. Markham, Secre.
Jno. Barnes, Nich. Newlin,
Upon y8 Petition of James Sanderling for a Lycence to Keep an
Ordinary, it was granted him.
A Petition Relating to highways was Read, upon w8" the Councill
agreed y' there should be a Sett time appoynted for y8 Councill to In
spect all y6 Business relating to y8 Highways, and to Order y' y8
Roads be Laid out in y8 most proper and Convenient Places within
this Province. . ,
A Petition being presented against y8 abuses of y8 Skoolkill ferry.

PROVINCIAL COUNCIL. 137
it was Refferred to y8 Councill at their sitting for y" Laying out of
Roades. Rochford's Serv'. S TT.Tuhe Pfition of Denis Rochford against John
I Hichman s selling his servant.
The Councill understanding that John Hickman is in Custody &
under process in order to his Coming to a Tryall at Law, it is Reffer
red to y8 County Court, before whom it is to be Tryed.
The Assembly being discharge, Henry Stretcher, y ' was a mem
ber thereoff, was sent for before this board, to answer the Complaint
of James Atkinson : the Offence being proved against him to be very
gross and notoriously III, it was ordered y' it be Refferred to y8 Jus
tices of Sussex County, where y8 Liveth, that in Casse he give not an
acknowledgm' of his great abuse before he goes downe to this board,
y8 Justices aforesaid are to take sureties of him for his good behaviour.
Ordered that John Barnes, for this afternoon's absenpe and his for
mer absence, pay to y8 Doore Keeper Six Shillings.
Adjourned till further Ord".

At a Meeting of the Councill in the Councill Roome y8 5"1 of the
5'" Mo. 1686. present:
ARTHUR COOKE, Presid', Chosen by y8 Rest ofy8 Members.
John Symcock, Tho: Janney, Phin. Pemberton,
Wm. frampton, Wm. Southersby, Wm. Markham, Secre.
Robt. Turner,
The Petition of Israeli Taylor was Read, Requesting he might be
admitted to administer on his father's Estate.
The Councill answered they would admitt of no administration
Contrary to y8 Intent of y8 will, w8" they Judged valid.
Ordered that Robt. Turner, Wm. frampton & Wm. Southersby,
take y8 Charge of y8 Office of Register Gen", in as full and ample a
manner as Christop. Taylor had in his life time, and y8 Laws of this
Governm', and y' they be accoumptable unto this board from time to
time, as they shall be Called thereunto, for y° proffits that shall or
may arrise, and y' a Comission be drawn accordingly, Impowring
any one of them as Sufficient to Execute y8 said office.
The Petition of James Claypoole was Read, Requesting the place
of Register Gen" might be Conferred on him.
The Councill answered They thought it not fitt to settle it on any
one person, but Leave it to y8 Gov™ Disposal!.
The Petition of Joshua Carpenterwas Read, Requesting a Lycence
to Keep an Ordinary in his Brother Sam" Carpenter's house, on y8
Wharfe. Ordered a Lycence for three months.
Ordered that Nath" Sykes have a Lycence to Keep an Ordinary
In Philadelphia. 12*,

138 MINUTES OF THE
John Symcock Requested a Lycence for Walter forcett to Keep
an ordinary in ye County of Chester, wfb was granted.
Adjourned till Six to-rhorrow in y8 morning.

At a Meeting of the Councill in the Councill Roome at Philadel
phia ye 6'" of ye 5* Mo., 1686. PRESENT :
ARTHUR COOK, Presid', Chosen, &c.
John Symcock, Tho. Janney, Wm. Southersby,
Rob' Turner, Nich. Newlin, Wm. Markham, Secre.
Phi. Pemberton, Wm. frampton,
The Comission Impowring Rob' Turner, Wm. frampton & Wm.
Southersby to manage y8 Register Gen" Office of this Province and
Territories, new Castle only Excepted, was this day Signed.
Joseph Vaughan & Jno. Saxby, Serv18 to Chris. Taylor, Deceased,
were sent for to Come before y8 Councill ; they produced their In
dentures. Joseph Vaughan was bound to Edmd Paine, march' of London,
y8 9th of Aprill, 1684, to serve 4 years after his arrivall in Maryland.
There was Endorsed on y8 Indenture; wee Cast anchor at New
Castle in Pinsilvania, Aug* y° 6th, 1684.
John Saxby putt himselfe an apprentice to Chris. Taylor, y8 26th of
ye Eleventh month, 1685, to serve six years.
The Councill takeing into Consideration Methods for y8 Secureing
y8 Estate of Chris. Taylor, Deceased, according to y8 true Intent &
meaning of his Will, of w80 y8 Gover' and Ralph frettwell wereExecut™,
Thought fitt in their absence to appoynt John Goodson, Tho. Hooton
and Tho. ffitchwater, or any two of them, to administer upon y8 Estate
of y8 aforesaid Chris. Taylor, Deceased, and to Act and Doe all
things therein as an administrator by Law hath power to doe, and
to be accountable unto us, or y8 Executors, for the same.
Ordered y' a Comission of y8 Peace be forthwith Drawn for Kent
County. Ordered a Comission be forthwith Drawn to Impowr Abrah.
Whorly, high Sheriff of Bucks County.
Ord4 y' a new Comission be Drawn for George Martin to be High
Sheriff of Kent County, to Continue untill further Order, his old
Comission being out of Date.
Adjourned till 5 in ye afternoone.
POST MERIDIAM.
present:
ARTHUR COOK, Presid*, Chosen.
Rob' Turner, Nich. Newlin, Wm. Southersby, ,
Wm. frampton, Phi. Pemberton, Wm. Markham, Secre.

PROVINCIAL COUNCIL. 139
The Comissions for y8 County Court of Kent, for y8 High Sherriff
of y8 same, & for high Sheriff of Bucks County, were signed.
Report being made to this board by Rob' Turner, a member thereoff,
that franc. Carnewell, one of y° Magistratss for y8 County of Sussex,
to be a person of 111 fame, The Councill thereupon Ordered that a
Warrant be made and sent to y8 County Court of Sussex, to suspend
y8 said, francis Carnwell untill he appear at ye Councill table & Cleare
himselfe of what is Laid to his Charge, wcb shall be at ye Councill
board Delivered him.
Ordered a Comission be forthwith drawn for Tho. Streton to be
Coroner for Kent County.
Adjourned till further Ord".

Att a Meeting of the Councill in y8 Councill Room The 7*° of y8
5m Mo., 1686. PRESENT I
ARTHUR COOK, Presid, Chosen.
Rob' Turner, Phin. Pemberton, Wm. Markham, Secre.
Wm. frampton, Wm. Southersby,
John Goodson and Tho. Hooton Refusing to take upon them the
Charge ofy8 administration on y8 Estate of Chris. Taylor, according
to y8 minute of Councill Yesterday, The Councill thought fitt to Order
that y8 Comiss™ of y8 Registry take Care of y8 Estate aforesaid, and
of the Children of Chr: Taylor, in the behalfe ofy8 Executors, & to
be accountable to them.
Adjourned till further Ord". /

At a Meeting of the Councill in ye Councill Roome In Philadel
phia y8 2d of y8 6th Mo., 1686. PRESENT :
THOMAS LLOYD, Presid*.
Jno. Symcock. Wm. Southersby, Wm. Markham, Secre.
Wm. frampton, ,
The Presid' proposing the Expedientcy of Recomending some Ca
pable persons to Sitt Judges in y8 next Prov" Court, wcb are to sitt y8
24th of y° 7*" month, at Philadelphia, y8 Presid' and Present members
of Councill thought fitt to Recomand Tho. Holmes, James Harrison
and James Claypoole, to y8 approbation of y8 next Compleat Councill,
for y8 Comissionating of them or others that they shall think fitt.

140 MINUTES OF THE
Wheras, a Complaint has been made to this board of violence Don
by some Indians on Nich. Skull and his family, and forcibly Entring
his house & Carrying away his goods; and further Information
Given y' y8 sd Nich". Skull hath, Contrary to his Duty and Peace of
this Province, sould and trucked to and w^y8 Indians severall quanti
ties of Liquors, w811 by Law was Prohibited the selling to them, where
by they were much Disordered, to y8 notorious Disturbance of the
neighboring Settlements.
The Presid' and Present Members of Councill thought fit to Order
that Capt. Tho. Holmes, with y8 assistance of Capt. Lace Cock, Zach.
Whitpaine, and such others as Capt. Thomas Holmes shall approuve
Off, forthwith to make Diligent Enquirie into y8 truth hereoff, and if it
Credibly appears that such Indians were Guilty as Reported, They be
Required to make Speedy satisfaction.. Wee Referring y8 mannor
and methods of treating y8 Indians Concerned w*" y8 people they
belong ts, to y8 Conduct and Discression of ye sd Capt. Holme, w"1 ye
Concurrance and approbation ofthe nominated persons, and in Reffer- ,
ance to y8 sd Nich". Skull, if upon y8 Examination of his behaviour
and Deportment towards those Indians, it shall appear y' he hath acted
Contrary to Law in. selling them prohibited Liquors, that Speedy
Course be taken to proceed against him- accordingly, that he might
be an Exemplary Terrour to Such who shall offend in y8 like nature.
Adjourned till further Order.

At a meeting of the Councill in the Councill Roome at Philadelphia
ths 5th of y8 6'" Mo., 1686.

THOMAS LLOYD, Presid*.
John Symcock, Wm. Clark, Wm. Southersby,
Wm. frampton, John Barnes, Wm. Markham, Secre.
Wm. Clark, a member of this board, informing the Councilly' y8
Justice's Comission for y8 County of Sussex Expired y8 15*b Ins'.
Ordered that one be fortwith Drawne to Comissionate Wm. Clark,
Jno. Roads, Tho. Langhorne, Tho. Price,' Rob' Clifton, Sam" Gray
& George Young, & y8 Comission to Stand in force untill further
Order. David Lloyd Presented his Comission given him by y8 Gov', bear
ing date y8 24 of y82d Mo. Ap", 1686, Constituting him atturney
Gen11 for this Proyince and Territorys, To wCD he was attested, De
claring his allegiance to y8 King, fidelity to the Gov" & Governm', and
faithfull performance of his Office..
Adjourned till further Order.

PROVINCIAL COUNCIL. 141
POST MERIDIEM.
present:
THOMAS LLOYD, Presid'.
John Symcock, Edwd Green, Wm. Markham, Secre.
Wm Clark, Wm. Southersby,
A Letter from y8 Gov' to the Councill, dated y8 24lbof y8 2d Mo.,
1686, was Read.
John White Informes this board that y8 Marylanders have Lately
Reinforced their fort at Christina, and: y' they would not suffer him to
Cutt hay, but thrittend those he Imployed to doe it w"1 their gunns
presented against them, andy' what hay they had Cutt y8 Mary Landers
would not suffer them to Carry it away, and if they did Cutt any
more y8 Marylanders sayd they would throw it in to y8 River.
And further Informs y' Maj' English a few Days past came in to
y8 County of New Castle with about fourty armed horse men"; Left
them at John Darby's whilst Maj' Inglish and a Marry Land Cap'
Came to New Castle, where John White meeting him, made Com
plaint to him of the abuses don him by y8 Mary Landers at ye fort.
Maj' English, tould him that if Thou wilt say you Drunken Dogg,
ned Inglish lett me Cutt hay, I will give you Leave: Wherupon y8 sd
John White Requested y8 Councill's advice how he should behave
himselfe, in this affaire. The Councill advised him to use no Vio
lence, but bear with patience, not Doubting but y8 King will soon put
an End to all their hostile actions against his Collony.
The Petition of John Moon was this day Read, setting forth his
_ Illegall tryall and Execution served on him for a fine for getting his
maide with Child, Requesting the board would Order y' his goods
Seised on by virtue of the foresaid Execution might be Restored him
againe, to wcb y8 Councill gave no answer.
The Present Members of Councill added Three more to y8 former
Three Recomended on y8 minute of y8 2d Inst', the w8b three Last are
John Cann, Wm. Clark and Arth. Cook, to the approbation of a
Compleat Councill to Elect Three for Judges.
Adjourned till further Order.

At a Meeting of the Councill in the Councill Roome y 7,b of
ye 6'" month, 1686. PRESENT :
THOMAS LLOYD, Presid'.
Wm. frampton, Edwd Green, . Wm. Markham, Secre.
Wm. Clark, Jno. Barnes,
The Pstition of Benj, Chambers was Read, setting forth y' at last
County Court held at Philadelphia, Judgm' was obteined by Doct'
Moore against y8 free Society of Traders of this Province, & y' an
appeale, was granted unto y8 sd Society to y8 next Prov" Court, w8"

142 MINUTES OF THE
appeale Could not be then taken out for want of Sufficient Security
according to Law.
Therefore y8 sd Benj. Chambers Requested the Presid' & Prov"
Councill y' they would accept of such Lawfull and able Security a(s
Shall be present for y8 same.
The Presid' and Councill admitted y8 same, and accepted of Benj.
Chambers and Griff. Jones, both of Philadelphia, Joyntly and Se
verally binding themselves in the penall sumrne.of four hundred and
six pounds for prosecuting the said appeal, and to answer Costs and
Damages according to Law.
Adjourned till y8 Second of y8 next Month, unless urgent Occasion.

At a Meeting ofthe Councill in the Councill Roome at Philadelphia
the Third ofy8 Seventh month, 1686.
PRESENT :
JOHN SYMCOCK, Presid, Chosen by The Rest.
Arth. Cook, Wm. Southersby, fran. Harrison,
Wm. frampton, Phin. Pemberton, Wm. Markham, Secre.
The Petition of Henry Jones was Read, setting forth yr badness of
the way from Moyamensin to Philadelphia. It was Referred to
y8 County Court, who it's presumed has power to appoynt Roads to
Landing places, to Court, & to Markett.
The Petition of James Claypoole, Jno. Goodson & Humph. Murry
was Read,1 Complayning against y8 Clark of y8 County Court of
Philadelphia, Requesting he might be Dismissed of his Imploym' and,
y' David Lloyd might be placed therin. The answer was it shall be
further Considered off.
The Councill adjourned to Robert Turner's house, he being Sick.
AT ROB'T. TURNER'S HOUSE.
PRESENT :
FRANCIS HARRISON, Presid', Chosen by y8 Re#.
Arth. Cook, Wm. frampton, Phin. Pembert on,
Jno. Symcock, Wm. Southersby, Wm. Markham, Secre.
Robt. Turner,
The Councill unanimously agreed and appoynted that Arth. Cook,
Jno. Symcock & James Harrison, should be Judges for y8 Next
Prov" Court y' by Law is appointed to be held at Philadelphia, and
Ordered y' a Comission be forthwith drawn, and ye Broad Seale affix
ed thereunto, To authorise and Impowre them Judges both of Law
& Equity accordingly.
'./Ths Petition of Dr. Nich. Moore was Read, &c.
, ,,.; Adjourned. till further Order.

PROVINCIAL COUNCIL. 143
At a Meeting ofthe Councill in y8 Councill Roome in Philadelphia
y820*b 7th Mo., 1686. present:
THOMAS LLOYD, Presid*.
John Symcock, Nich. Newlin, Robt. Turner,
fran. Harrison, John Barnes, Pet' Alrichs,
Arth Cook, Edwd. Green, Jno. Cann,
Tho : Janney, Phin. Pemberton, Wm. Markham, Secre.
Wm. Southersby,
The Gov™ Letter that came by y8 way of New York, and Reca by
y8 Secretary y8 14*" Ins'., was this day read in Councill. Benjamin
Chambers Presid' of y° Society, was Called before the Board, and y'
part of y8 Gov™ Letter y' related to y8 Society was read to him.
The Request of francis Dan" Pastores was read.
Adjourned for an hour. post meridiem.
The same Persons present.
The Comission that was Ord84 to be Drawne y8 3d Ins', for Consti
tuteing of Judges, was this day read, approved off, and signed by y8
Presid. A Comission was signed for Wm. Southersby & Barnaby Will-
cocks to be Justices of The Peace for y8 County of Philadel.
A Blanck Comission was signed for Sherriff of Philadelphia Coun
ty. Wm. Carter proposed if he will accept Thereoff, if not, some
other the Councill should appoynt, this Comission to Comence Sea
ven dayes after y8 next County Court of Philadelphia.
Adjourned till 7 To morrow morning.

At a Councill in the Councill Roome in Philadelphia September
y8 21, 1686. PRESENT :
THOMAS LLOYD, Presid.
John Symcock, Jno. Barnes, Phin. Pemberton,
Robt. Turner, Wm. Southersby, Edwd. Green,
fran. Harrison, , Nich. Newlin, Wm. Markham, Secre.
Tho. Janney, ,
Ordered That Thomas Hooton take into his Custody and Cars all
ye personall Estate of Christ. Taylor, Deceased, untill administration
be granted, or till further Order, and y8 persons that have y8 Care at
present of y8 sd Goods or Estate, Deliver them up to y8 Care of the
said Tho. Hooton accordingly.
Information being given to this board of aScandalouss paper given
by y8 Sherriff of ye County of Philadelphia to ye Grand Jury y8 Last

144 MINUTES OF THE
quarter Sessions, without any name subscribed thereunto, To the Re-
proachfull Chargeing or accusing of one ofy8 Magistrates ofy8 same
Court, and understanding that y8 same paper was lodged in ye hands
of Tho. Hooton, and Considering y8 Consequence of such Condemna-
ble proceedings, The Councill Required y8 said Thomas Hooton to
Deliver ye same to this board, w8" was accordingly don.
The Petition of Peter Gronendicke, Executor to Cornelius Verhoof,
requesting a rehearing ofy8 Causes of Symon Paulin and Richard
Bundike, &c. and Order was granted'thereupon
The humble Lamentation of Jann Van Cullen was Read, setting
forth y8 abuses of Charles Ashcome. Order y' his Cattle be Return
ed, and that y8 Difference between him and Charles Ashcome be
Valued by 4 men, and if they Cannot agree y' it be left to be Desided
by y8 Gov'.
Patrick. Robinson was admitted, upon his Submission to Remaine
Three Months Longer in his Office of Clark, at wtb time he promises
to Resigne y8 same, with y8 Records thereunto belonging, and with
his Owne hand Endorsed y8 same on his Comission, promising further,
in y8 meantime to behave himselfe Civily& Respectfully to y8 Magis
trates, and peaceably to all persons, or for y8 first offence Comitted
in y' nature, to have his Comission forthwith Cancelled.
Adjourned till y825ttl of y" next month, onless further occasion.

At a Meeting of y8 Councill in ye Councill Roome in Philadelphia
ye 241" 7 bre., 1686. PRESENT :
THOMAS LLOYD, Presid*.
Arth. Cook, Edwd Green, Rob' Turner,
Jno. Symcock, Phin. Pemberton, Wm. Markham, Secre.
The Judges that were appoynted for this Prov11 Court y' is by Law
to sitt this day in Philadelphia, were attested, and signed to a paper.
Ord80 that y8 Secretary signey8 Ord' of Councill for Peter Gronen-
dike. Adjourned till y8 15"1 next month, unless further Occasion.

At a Councill in y8 Councill Roome In Philadelphia y8 1° of y8 8"
month, 1686. present :
ARTHUR COOK, Presid, Chosen by y8 Rest.
John Symcock, Wm. Southersby, Phin. Pemberton,
Rob' Turner, Edwd Green, Wm. Markham, Secre.
Wm. Clark,
The Judges Report the Great abuse offered by Patrick Robinson in
y8 Prov" Court to y 8 Judges then sitting on y8 bench, to ye great hazard

PROVINCIAL COUNCIL. 145
of y8 good; quistt and peaceable Constitution of y8 Governm1, and
Great Disturbance and hindrance of Justice in y° highest Court of this
Province. Upon y8 Judge's Complaint to this board of ye III behaviour of
Patrick Robinson in y8 Prov" Court, it is ordered y' he be dismissed of
his Office as Clark of y8 County Court of Philadelphia, and y'y8 Re
cords of y8 said Court, and all other papers relateing thereunto, be
brought to y8 Councill, or Dslivsrsd to David Lloyd, who is Ordsrsd to
succeed him in his Office, and Comission Ordd to be forthwith drawns
accordingly. Ordered a new Comission be forthwith Drawne to Constitute or
Continue Wm. Clark a Gena" Justice of the psacs both for y8 Province
& Territories.
Adjourned till 7 To morrow morning.

At a Councill in y8 Councill Rooms In Philadelphia y8 2d of y8 801
Mo., 1686. PRESENT.:
ARTHUR COOK, Presid', Chosen by y8 Rest.
Rob' Turner, Edwd Green, Wm. Southersby,
John Symcock, Phi. Pemberton, Wm. Markham, Secre.
Wm. Clarke,
The Comission y' was Yesterday ord8"1 for Wm. Clark to be Justice
of y8 peace for y8 Province and Territories, was this day signed by
y8 Present President.
The Comission that was Yesterday Ord83 to be drawne for David
Lloyd to be Clark of y8 County Court of Philadelphia, was this day
signed by the present Presid'.
Edw4 Green and Wm. Southersby, both members of Councill, were
appoynted to goe to Patrick Robinson, and in y8'name of ye Councill,
Demand y8 Record and all other writings y' belong to y8 County
Court of Philadelphia.
Ord81 a Lett' be writt to y8 Gov' in answer of two Letters Receivd by
this board from y8 Gov'.
Edw4 Green and Wm. Southersby Reports y' according to y '- Ord'
of this board, they went to. Patrick Robinson, & that he was very wil
ling to Deliver up all y8 fyles, both for his time andy8 time John
Southren was Clark, with all prossesses and Continuances of actions,
and after six hours peaceable Continuance in his owne house, he will
deliver up all y8 acco*8 for y8 Levies, and y'' he will much abreviate y8
time he had for y8 perfecting y8 Records, w* he has in a great measure
gon into, but yett wants to draw out his owne accounts, in order to
gether in his Debts, w8h, if he should part with all, was wholly in
capable of Doing ; and likewise, y* he desired he might be admitted to
Come before y8 Councill to Discourse about it
13

146 MINUTES OF THE
The two members of Councill were againe appointed to goe te
Patrick Robinson and tell,, him that he might Come to y8 Councill
with his Keeper.
The Two members of Councill Returned. Patrick Robinson Came
with them: ye members Reported they delivered their Message to
Patrick Robinson, that he made answer that if his Keepers would not
look after him he had no reason to seak them, but would Come along
with us.
Patrick Robinson did before this board Ingage ffreely to Deliver
all things that Relate to y8 County Court of Philadelphia. that was in
his possession, Either to night or on next second day morning, to
y8 Secretary, if the Councill will appoint him to give y8 Receipt for
the same, and y' he might have free access to them for y° making up
his accounts, w* was granted and Ordered accordingly.
Adjourned till y8 1 5*b Inst', or further Order.

At a Meeting of the Councill in The Councill Room The l^ 9a
month, 1686. present :
JOHN SYMCOCK, Presid', Chosen by y8 Rest.
Arth. Cook, Wm. Southersby, Wm. Markham, Secre. '
Rob' Turner, Tho. Janney,
The Petition of Capt. Tho. Holmes, was Read, Complayning
against Charles Ashcome, one of his Deputy Survey™, for want of a
mapp of his work don in Chester County.
The Petition of Griff. Jones, was Read, about Rent due for his
house from Chris. Taylor.
Referd to y8 Executors and administrators of Chris. Taylor's Will,
whome they Doubt not but will doe him Justice therin.
Adjourned till Eight to-morrow morning.

At a Meeting of the Councill in y8 Councill Roome in Philadel
phia y8 17*" 9"' Mo., 1686. present :
JOHN SYMCOCK, Presid, Chosen by ye Rest.
Arth. Cook, P' Alrichs, Tho. Janney,
Rob' Turner, Wm. Southersby, Wm. Markham, Secre.
The Petition of Abraham Opdengrafe was read, for y8 Gov™ pro
mise to him should made the first and finest pecs of linnen Cloath.
Adjourned till two in y8 afternoon.

PROVINCIAL COUNCIL. 147
POST MERIDIEM.
present:
THOMAS LLOYD, Presid.
Rob' Turner, Arth. Cook, Wm. Markham, Secre.
Pet' Alrichs, Tho. Janney,
i The Petition of Capt. Tho. Holmes, that was Read yesterday, was
againe Read.
The Petition of Abraham Opdengrafe yl was read this" forenoon
was again Read.
Adjourned till Eight To-morrow morning.

At a Meeting of the Councill in The Councill Roome y8 18" 9*fi
Mo., 1686.

THOMAS LLOYD, Presid'.
Rob' Turner, Tho. Janney, Jno. Barnes,
Arth. Cook, Pef Alrichs, Wm. Markham, Secre.
Sam" Land's Letter to y8 Secretary was Read, bearing Date y8 14th
9"1 month, 1686, Desiring to procure for him as y8 King's Sercher,
a writt of Assistance.
James Walliams, who was Constituted y8 King's Collector for ye
Bay and River of Delaware, by Comission from Patrick Mein, Esq',
y King's Survey" Gen" of his Maj*8 Customes in America, Came to
y8 Councill board and produced his saief Comission, wcb bare Date
y8 23 day of October, 1686, and was Endorsed by John Cann and
Peter Alrichs, Certifying thereby y' James Walliams, y8 Collector, was
attested y8 same day before them, Justices of y8 Peace for y8 County
of New Castle, for his faithfull Discharge of his trust in that Office.
The Comission was subscribed thus, (Viz :)¦ I Doe approve of y8
Person Deputed by y8 aforesaid Comission. Signed,
JOHN CANN.
James Walliams Backed Sam" Land's Request in his Letter to
y8 Secretary, and Desires y8 Councill would grant y8 said Sam" Land
a Writt of Assistance ; to which y8 board made answer that y8 King's
Officers should have all ye Assistance possible from them in the Exe
cuting their Office, when Ever they shall have Occasion to make
uss of it.
It was Debated in , Councill whether James Walliams had y' day
presented himselfe to them as y8 King's Collector, in forme and man
ner as obliged, to by his Instructions. Was Carried in y8 Negative.
Jacob Hall's Petition was Read, Requesting y° Remittment of the
fines that was Layd upon y8 Ssrvants of his Imploysr.
Answer : The Councilltwill Recomend their Thoughts to y8 next
County Court for Bucks, whether y8 Petitioner is Referred,, and it

148 MINUTES OF THE
was don accordingly, by y8 Members of Councill for y' County then
present. Israeli Taylor having formerly putt in Cavett against y8 Probate
of his father's will, he Declares is now willing to have all Refered to
the Governor.
Adjourned till four in ye Afternoone.
POST MERIDIEM.
PRESENT :
The same persons as in the forenoon.
Upon y8 Application of Israeli Taylor to this board for a sute of
Cloaths of his father's, and for a bedd and furniture, the Councill
Consented y* by a Member or two of this board, Tho. Hooton be
desired to give him a sute of Cloaths, and as to y8 bedd & furniture
they are not willing to grant till they understand y8 Gov™ minde in
Relation to y8 Estate.
The Comission upon y" Death of Wm. frampton, one of y8 persons
Comissionated for y8 mannagem' of y8 Registry Office, and upon
the Application of Wm. Southersby to be Excused for being Con
cerned therein as joynt Comissioners, and Rob' Turner also not De
siring to Continue therein, it was unanimously that y8 Gen11 Registry
be proposed to the acceptation of James Claypoole, Sen', haying
lately Requested y8 same ; upon his Consent thereunto, a Comission
to be Drawne to Impowre him to act therein During y* Gov™
Pleasure. Adjourned till Eight To-morrow morning.

At a Meeting of the Councill in the Councill Rooms The 19,b 9*
month, 1686. present :
THOMAS LLOYD, Presid1.
.Rob' Turner, Pet' Alrichs, Tho; Janney,
Arth. Cook, John Barnes, Wm. Markham, Secre.
The Comission for Register Gen" was this day given to James
Claypoole, Sen', and he attested accordingly.
Wm. Carter had his Comissiongiven him this day to be Sherriff
of y" County of Philadelphia.
The Councill takeing into Consideration y^Unevenesss ofy8 Road
from Philadelphia to y8 falls of Delaware, *,
¦ Agreed that Rob' Turner & John Barnes for y8 County of Phila
delphia, Arth. Cook and Tho. Janney for y8 County of Bucks, with
y Respective Survey™ of y8 sd Counties, meet and Lay out a more Como-
dious Road from y8 broad Street in Philadelphia to y8 falls aforesaid :
y8 time when is Referred to y8 memb™ Nopinated.
Adjourned till further Order.

PROVINCIAL COUNCIL. 149
At a Meeting of the Councill in the Councill Rooms In Philadel
phia y8 30*" ofy8 18* Mo., 1687. PRESENT :
THOMAS LLOYD, Presid'.
Arth. Cook, John Barnes, Wm. Markham, Secre.
Nich. Newlin,
Few members being Corns to Towne, thoss present adjourned till
two in y8 afternoon. POST MERIDIEM.

THOMAS LLOYD, Presid*.
Arth. Cook, Nich. Newlin, Jno. Barnes,
Rob' Turner, Wm. Clark, Wm. Marklr .n, Secre.
The Returne ofy8 members to serve in y8 Prov" Councill for y8Coun-
ty of Philadelphia was Read, and by y8 Councill accepted off. James
Claypoole Returned therein to serve for Three Years, he having
subscribed y8 Oligation took his place.
The Returne of Kent County was Read and accepted of, only John
Curtis, who was returned to serve in Prov" Councill for three years,
was Excepted, he having lained under Suspition of Speaking trea
sonable words ; and altho' y8 Grand Jury had Returned y8 bill against
him Ignoramus, yett y8 Councill thought it not fitt to admitt him as
Councellor amongst them. Griffith Jones, who was returned at y8 same
time, for y8 same County, to serve in Prov" Councill the Remaining
part of the Time Wm. Frampton, Deceased, was to havese rved,
signed y8 Obligation &c took his place in y8 Councill.
Adjourned till to morrow morning y8 9*b hour.

In the Councill' Roome at Philadelphia y8 31"1 1° Mo.,. 1687.
present:
THOMAS LLOYD, Presid*.
Arth. Cook, Nich. Newlin, John Symcock,
Wm. Clark, James Claypoole, Rob' Turner,
Griff. Jones, Phin. Pemberton, Wm. Markham, Secre. i
John Barnes,
The Returne of y8 members to Serve in Prov" Councill for y8 Coun
ty of Chester was Read, and tho it was lame, yet upon y8 assurance
of y members of Councill for y' County, that y8 persons therein men
tioned were fairly Elected, it was accepted of: John Bristow Returned
*o serve for three years in Prov" Councill, signed the Obligation &
took place.
The Returne of Bucks County was Read & accepted off: Joseph
Growdon was Returned to serve for three years in Prov" Councill,
feigned the Obligation & took place. 13*

*150 MINUTES OF THE
The Gov™ Letter to y8 Prov" Councill was read, bearing Date y"
15th 7lb month, 1686.
Adjourned till 4 in y8 Afternoon.
POST MERIDIEM:
PRESENT :
THOMAS LLOYD, Presid.
Arth. Cook, Jam. Claypoole, Nich. Newlin,
John Symcock, Rob' Turner, Jno. Cann,
Wm. Clark, Griff. Jones, Jno. Bristow,
Phi : Pemberton, Jos. Growden, Wm. Markham, Secre.
John Barnes,
The Returne for y8 County of New Castle was Read, signed
Edw3 Gibbs, pro Sherriff: the Councill would not accept of y8 Returne
so signed, but upon John Cann's assuring y8 Councill that it was a
faire Election, it was accepted, wherein Peter Alrichs was Returned
to serve in Prov" Councill for three years ; he signed y8 Obligation
and took his place.
The Gov™ Comission to y8 Councill was Read.
The Returne of y8 County of Sussex was read, wherinMaj" Wm.
Dyer was Returned to serve in Prov" Councill for Three years: the
Returne was Accepted, y8 Maj" Excepte against only.
Maj" Wm. Dyer presenting himselfe as a Prov" Member in Coun
cill; the Councill Expressed their Gen" Dissatisfacon and unwilling
ness to permitt him, and Desired to Desist, Declareing y' they Could
not in Duty and Respectto y8 King, nor with Security to y8 Province,
take such into y8 Councill who had not Discharged the Office of y8
King's Coll" of his Customs within this Governm' with faithfulness
& a good Report.
Maj" Wm. Dyer pressing further for more perticular Reason for
his non admittance into y8 Councill as a member thereoff, y8 Councill
Referred to Wm. Clark, Jno. Cann, Pet" Alrichs & Griffith Jones, to
be a Comittee to Inquire into that matter, and to Reduce into writing
the Reasons given, and to present them to this board the next Seventh
day morning.
Adjourned till Eight to morrow morning.

i In the Councill Roome at Philadelphia The first day of y8 2d month,
1687. PRESENT I
THOMAS LLOYD, Presid.
Arth. Cook, Wm. Clark, John Symcock,
Jam. Claypoole, Pef Alrichs, Griff. Jones,
Nich. Newlin, John Barnes, Rob' Turner,
Jos. Growdon, Phi. Pemberton, Wm. Markham, Secre.
John Cann, John Bristow,
The Petition of John Curtis was read, setting forth his great Dis
satisfaction y' where he was Chosen a member of Councill fory8 Coun
ty of Kent, he was not admitted to take place.

PROVINCIAL COUNCIL. 151
Answer. The Councill Continues their Sence y' he Ought to be
dismissed. The Petition of Sevsrall persons ag' transporting of Dear Skins
was Read.
A Petition from many of y° Inhabitants of ChesterCounty, Request
ing the same as y8 former, was Read, in w8" Petition were severall
other Requests about Laws.
Ord81 y' notice be given to all the Justices & Others Concerned,
y' they Strictly putt in Execuon y° Law ag' transporting Raw Deer
Skins, & y' y8 Law ag' Soiling of Rum, y8 Laws against Curseing and
swearing, & y8 Law ag' Drunkeness, be strictly putt in Execution.
The Presid & Councill Debating about y8 Petition of John Curtis
this day read at y8 board, thsy did unanimously agree, y' whereas it
did appear to this board yl y" said John Curtis had been accused of
treason, & tho y8 Grand Jury found not y8 bill, yett were* think it
our Duty to Dismiss him, and therefore he is accordingly Dismissed
from y8 said service.
Adjourned till to morrow morning.

In the Councill Roome at Philadelphia The second- day of y8
second month 1687. present :
THOMAS LLOYD, Presid*.
Wm. Clark, John Bristow, John Barnes,
Pet' Alrichs, Nich. Newlin, John Cann,
Griff Jones, Phin. Pemberton, Jam: Claypoole,
Jos. Growdon, Jno. Symcock, Wm. Markham, Secre.
Arth. Cook, Robt. Turner,
The Comittee appointed to prepare perticular reason why Maj"
Dyer was not admitted a member of Prov" Councill, brought in their
Report to y8 Councill in writing, with y8 Reasons taken by them from
other persons, under the relator's hands, all w8b was Read at this
board, and unanimously allowed of by the Councill as a sufficient
Reasons for his non admission.
After Reading y8 Gov™ Letter of y8 last seventh month, with vari
ous Considerate Debates in this Legislative Prov" meeting Concern
ing y8 Present body of Laws, & of y8 Security & benefitt w08 might
accrew to the Province and Inhabitants by their Repeal Intirely as
they Stand, and of their Speedy revivall next Gen" Assembly, w'n
such allowed alterations and abrogations of those whose service are
Either Determined or not so materiall as when first Enacted, & with
all perusing the minutes and finding the Concurrent Sense of y8 last
*We.

152 MINUTES OF THE
Assembly: The Presid & Prov" Councill have at this time unani
mously &' with Generall Express satisfacon, Concluded & ordered
y' it should be so Entred in the Councill book that y8 Law so Com-
pacted'& Continued as they now are, may Remayne and be in force
without annulling Variations, or supply of additionall bill or bills at
this time, till wee hear furtherfrom y8 Gov", his arrivall, or to y8 sitting
ofy8 next Prov" Councill, in Ord' to prepare bills to be promulgated
for the Assembly to pass into Laws. In the Interime howsoever, it
is Expressly agreed upon y' the bench of Justices in Each County
writ unto by a publick Instrument to Incourage, quicken and require
the Due Execution of all such Laws more Especially, which being to
frequently, publicqly & notoriously transgressed, God's blessed truth
Comes thereby Grieved, his name prophaned, the Province Qo-
vernm' & Professors of his holy way, and scandalised thereby.
Memorendums of what is to be Compleated by y8 Councill by y*
approbation ofthe present members :
1th That a publick writing be sent to y8 Respective Counties to In
forme them ofthe respectfull Remembrance of our Gov" towards them,
y8 Reasons of his unpleasant Stay, the Sudden hopes of his arrivall,
w" an acco' of our present proceedure, to be Dispatched with all Ex
pedition. 2°'7 An Enquiry of y8 undertakers about y" Gov™ Supply, w,b what
furtherance may be of the same.
31"7 That ye Gov™ Instructions about y8 Caves be persued.
4th17 That a new Comission be Drawn for y" Continuing y" former
Judges for y8 next Prov" Court.
5th17 That Comissions may be prepared for Officers for y8 Countyes '
were wanting.
Desired y* y8 Presid' signe y8 Severall Comissions.
The Members of New Castle County having presented Edwd Gibbs
for Sherriff of y' County, Ord81 that a Comission be Drawn for him.
Sam" Hersent's Petition was Read, begging Relief from y8 Judg
ment ofy8 County Court of Philadelphia. Henry Reynolds plant.
Referred to the Prov" Judges.
A Table of fees Relating to the Atturney Gen" Office having been
perused, is allowed off by this board untill further Ord".
POST MERIDIEM.
PRESENT :
THOMAS LLOYD, Presid.
James Claypoole, Phin. Pemberton, John Cann,
Wm. Clark, John Barnes, Griffith Jones,
Joseph Growdon, Pet' Alrichs, Wm. Markham, Secre.
The Petition of Thomas fairman against Cap' Tho. Holmes, Sur
vey' Gen", was Read.
Answer. That Cap' Holmes Intends to be at y" Comiss™ meeting
ths next second day, whether he is Referred.
The Petition of Cornelius Empson, Concerning a Bridg Road and
a Water mill on Brandiwine Creek, was Read.
The Petition of Rob' Jeffs was Read, requesting Reliefs ag' Tho.

PROVINCIAL COUNCIL. 153
fairman's fitfc&ble Entry in to his house, as he Expresses it in his Pe
tition. Answer. That the Courts of Law are and shall bs open, but y8
Sense of the Councill is, that their mutuall agreements should be ac
cordingly performed.
Adjourned till y8 fourth Ins'.

At a Meeting of the Councill in y8 Councill Room at Philadel
phia The 4*" of y 2d Mo., 1687. PRESENT :
THOMAS LLOYD, Presid*.
Wm. Clark, Rob' Turner, Joseph Growdon,
Arth. Cook, Phin. Pemberton, Wm. Markham, Secre.
The Petition of John Van Cullin was Read, Requesting Releef
from ^Oppression of Thomas Usher, Sherriff of Chester County,
who by Vertue of an Execution obtained By a Vexatious sute of
Charles Ashcome, hath taken from him his two milk Cows, ¦wch was
all he, his wife and seaven small Children had to five upon, himselfe
being sixty & six years of Age, and past his Labour to work for more.
Ord811 That an Ord' be sent to y8 Sheriff of Chester County to
appear before y8 Councill y8 next second day, to answer the Complaint
of the Pstitionsr, and if any Distress or Execution hath been served on
his goods or Chatties, that they be no ways Disposed of untill y8 Com
plaint be answered before this board, and if y* Cattle be taken away,
that they be forthwith Restored, or Carefully looked to in y8 meantime ;
and that he make Returne of a former Order he had from this board
in the buisness between Charles Ashcome and Jn° Van Culing.
Adjourned till 3 in y8 Afternoon.

At a Councill in ths Councill Roome In Philadelphia y8 5?" of y"
2d month 1687. PRESENT :
THOMAS LLOYD Presid.
Wm. Clark, Rob' Turner, James Claypoole,
Arth. Cook, Jos. Growdon, Wm. Markham, Secre.
Phi. Pemberton,
The Petition of James fox in behalfe of himselfe and y8 Rest of the
Inhabitants of y Plymouth Township, was Read, requesting a Cart
Road might be laid out to their Towne Ship.
Ord81 that there be no Disturbance or Molestation to the Inhabi
tants ofthe Pleymouth Townshipp, In their finding and Laying out a»
Convsnisnt Cart Road from Philadelphia to thsir Township.
Adjournsd till ye ll"1 Ins'. 9 ia the forenoon,.

154 MINUTES- OF THE
At a Meeting of the Councill in the Councill Roome In Philadel- .
phia y8 11th 2d Mo., 1687. PRESENT :
THOMAS LLOYD, Presid*.
John Symcock, Jam. Claypoole, Rob' Turner,
Arthur Cook, Griff. Jones, Wm. Markham, Secre.
Wm. Clark,
Thomas Usher made his Appearance before this board according
to Summons, to answer y8 Complaint of John Vanculling?;and for
answer subscribed y8 Summons,, with these words following, and Re
turned y8 same so subscribed to y8 Councill, Viz' : As to this Ord" my
Returne is, I doe abide by my Lawfull Serving y8 Execution upon ye
Milch Cattle of Jn° Vanculin in y8 Case of Charles Ashcome.
THO. USHER this ll'b 2d Mo., 1687.
The Petition of Arnoldus Delagrange was Read, Requesting the
Speedy payment of Money due to him from Christo. Taylor, Deceased.
Answered. That if the Gov" comes not, nor y8 Councill hear from
him in six Weeks or two months time, speedy Course shall be taken
by this board to pay y8 Petitioner.
Adjourned till further Order.

At a Councill In the Councill Roome in Philadelphia y8 13" 2"
month, 1687. l .
PRESENT :
THOMAS LLOYD, Presid*.
Wm. Clark, Arth. Cook, John Barnes,
Griff Jones, James Claypoole, Wm. Markham, Secre.
Jno. Symcock,
Ord84 that y8 Secretary signe Six Instrum*8, to be sent one to Each
County, to minde ye Magestrates of their Duty m suppressing ,of all
Desbauchery. The matter ofthe Supply being reassumed, Ord88' that y8 undertakers
bring in their Reasons why the sum for the supply, according to their
obligations, is not paid; y8 day appoynted is the 10tb ofy8 next
month. By Express Ord' from y8 Gov' to The Prov" Councill, that notice
be given to all persons Concerned in y8 Caves or houses built upon
y8 bank of this Towne, on Deleware side, unless those Leased by the
Gov' & not yett Expired, do by y8 20*" ofy8 next month, provide for
themselves other habitations, in order to have the said Caves or houses
Distroyed, or otherwise Disposed off, as the Gov' shall see meet.
The Petition of Rob' Jeffs was Read, requesting Rsltef against
the forceable Entry and Deteiner of Thomas fairman.

PROVINCIAL COUNCIL. 155
The address of Cap'. Tho. Holmes ag' Charles Ashcome was
Read. Adjourned till Six to morrow morning.

At a Meeting of the Councill in y8 Qouncill Roome In Philadelphia
y8 14"1 2d month, 1687. present:
THOMAS LLOYD, Presid*.
James Claypoole, Wm. Clark, Wm. Markham, Secre.
Arthur Cook, John Symcock,
The Petition of Thomas ffairman was Read, respecting the Differ
ence between him and Rob' Jeffs as to a forceable Entry ; as also,
touching upon Capt Thomas Holmes.
Robert Jeffs & Tho. fairman being both before y8 Councill, and
y8 affair in Differance being Considerately Debated, it was unani
mously Ordered, with y8 Joynt accord of both parties, y' Rob' Jeffs
should have peaceable admission and possession into the Messauge
and Premises Demised to him at frankford, by Tho. fairman, at
or upon the next seventh day, in the forenoon, wcb will be y8 16*" Ins1,
and y' y8 Intended uncertaine Improvements mentioned in y8 margent
of the Contract in writing, are to be four hundred apple trees, to be
sstt and planted within y8 first fourteen years, at a Convenient Dis
tance, with a pale, or a sufficient Close fence, and y8 same to be ac
cordingly Kept, and so surrendred at yB Expiration of the Tearme.
Ord*1 that Tho. Barker, Sam" Jobson, Sabian Cole, Jno. More and
Humph South, have their Returns made into y8 Secretary's O'ffice,
' (by the Survey' Gen",) of the Land that was Surveyed for them by
Charles Ashcome in the Welch tract, it being in all four thousand
acres. Adjourned till further Order.

At a Meeting of ths Councill in the Councill Roome at Philadel
phia y8 19*" 2d Mo., 1686*. PRESENT :
WM. CLARK, Presid, p Choyce.
James Claypoole, Griffith Jones, Wm. Markham, Secre.
Robert Turner,
The Gov' and Councill's Letter of New York, bearing date y8 15
*1687.

156 MINUTES OF THE
Aprill, 1687, Directed to y8 Presid' & Councill of Pennsilvania, was
Read.' Ordered That a Coppy thereof bs ssnt to Presid' Lloyd, at New
York. Adjourned till further Order,

At a Meeting ofthe Councill in the Councill Roome In Philadel
phia y8 10'b 3d Mo., 1687. PRESENT :
THOMAS LLOYD, Presid.
Jno. Symcock, John Roads, Jos. Growdon,
Arth. Cook, Wm. Darvall, Wm. Markham, Secre.
Wm. Clark,
The Gov' and Councill's lett' of New York of y^*" Aprill, 1687,
Directed to y8 Presid' and Councill of Pennsilvania, was Read a
second time.
Ord8* that answer be sent by y8 first Opportunity, Relating that
Wee Know of no such man as D' plessie within this Province, nor
shall be Countinanced by us. 2dly. as to y8 SusquahannaandSkool-
kill Indians, Wee hope such Care and diligence shall be used as will
give no just occasion of Offence.
The Petition of Wm. Nicholls was Read, requesting Rslisf agf an
Execution obtained in y° .County Court of Philadelphia by John
Cropt, against y8 said Wm. Nicholls.
Ord81 That Cropt have notice to appear To-morrow bsfore this
board. Ths Petition of John Readwood was Read, requssting Rslief
against an Execution obtained ag' him in y8 County Court of Phila
delphia, at y8 sute of Richd Hogbean.
Ord81 That Rich" Hogbean have notice to attend y8 Councill to
morrow morning by 10.
Adjourned till tenn To-morrow forenoone.

At a Meeting of. ths Councill In the Councill Room In Philadelphia
y8 ll"1 3d Mo., 1687. r
present:
THOMAS LLOYD, Presid'.
John Symcock, John Barnes, John Roades,
Arthur Cook, Wm. Darvall, Wm. Clark,
Griffith Jones, John Bristow, Wm. Markham, Sec.
Joseph Growdon, Nich. Newlin,

PROVINCIAL COUNCIL. 157
Rich1 Hogbean appeared according to appoyntment yesterday.
Jno. Readwood's Petition y* was Read at y8 board yesterday, was
againe read.
Orded that they goe together and Endeavor to accomodate y8 Dif
ference between themselves ; if they Cannot, then to Come againe.
Wm. Salway & Thomas Langhorne Came w*" a message from
y8 Assembly to know when they should wayt on y8 Councill.
Answered in halfe an hour, or sooner if they pleased.
The King's Letter bearing Date ye 19'b November, Directed to
Presid' Lloyd or Secretary Markham, Commending the sendino- of
John Grey, al8 Tatham, by y8 first Convenentcy of Shipping for
England, to answer to severall Misdemeanors alliged there ag' him,
was Read.
The Asssmbly, with their Speaker, Cams to Ths Councill : thsy
made severall proposals to y" Councill, then left them in writing,
signed by their Speaker, w8" are as followeth, Verbatim :
Sundry Proposalls Agreed on by The Assembly to be presented to
y8 Presid & Councill, as followeth:
1 . "That y8 Presid' and Councill be moved y' the Counties may not
Suffer a Vacantcy by the Suspsntion of members, but that y8 persons
may Either be rs-admitted, or Else writs Issue out the respective
places for a new Choyce.
2dly. That y8 Councill be moved to revoke their Orders to the
County Courts prohibiting Executions to be Issued out. untill tenn
days after Judgment, by reasons divers Inconvenentcies have accrued
thereby. 3dly. That y8 Presid' & Councill be Desired that for y8 Continuing
of a good understanding between y8 upper & Lower Counties, that
there may be at least One of the Prov" Judges Chose from ye Lower
Counties. 4thly. That ye Councill be moved prohibitt Iregular Summons to
be Issued out from one County to an other, to be Vexation of the free
people of this Province, & Contrary to y8 Intent of y8 Law.
5thly. That the Councill be moved according to y8 power of y"
Charter, to take a Speedy acco' of y8 moneys paid for y8 Erecting of
Bouys, & y' w*" all Convenient Speed y8 sayd Bouys be Erected.
for y8 safety and preservation of Vessels coming in and going out of
this Province & Territoryes, & to prevent the Claymours of Masters
of Vessells who are obliged to pay the Money and Reape no bene-
fitt thereby. Signed p order.
JOHN WHITE, Speaker.
Philadelphia, y8 11'" 3d month 1687.
Adjourned for an hour.

14

158 MINUTES OF THE
POST MERIDIEM, y8 ll"1 3d Mo., 1687.
PRESENT :
THOMAS LLOYD, Presid*.
Arth. Cook, Griff. Jones, Wm. Clark,
Jno. Symcock, Jno. Bristow, Wm. Dervall,
Jos. Growden, Nich. Newlin, Wm. Markham, Secre.
Jno. Barnes, John Rdades,
Rob' Jeffs made his address to y8 Councill personally, without
writing, Complayning that the Order of this Board ofy8 14"1 2dMo.
last, was not observed, and Requested they would be pleased to Order
y8 Justices forthwith to Execute it.
Ordered y* y8 Magestrates before whome Enquirie was made, have
notice of ths address of Rob' Jeffs, and y' it is the 'unanimous opinion
of this board, that according to y8 mutuall agreement of both parties
(Viz : Tho : fairman and Rob' Jeffs,) made bsfors this board on y8
14th of y8 2d Mo. Last past, ths said Rob' Jsffs ought to have Re-
posssssion of his house and Tenement at franckford.
Wm. Nicholls and John Cropt being by appoyntment on y8 10*°
Ins' to appear before this board yesterday, made their appearance to
day. After a long hearing of y8 Difference between them, it was or
dered that Wm. Nicholls Bring in his account to morrow morning.
The Councill's Answer To y8 Proposalls made by the Assembly in
y8 forenoon.
I. If a suspended member be not admitted, nor Cleare himselfe
within two months, then a new writt shall be Issued to Choose an
other according to Law.
2.; Wee Refer the same to ye former practice, and y8 Discression
ofy8 Judges and Justices ofthe Respective Courts.
3. In Choyce of Judges, there shall be tender Regard and due Re
spect had to y8 Lower Counties.
4. That all Irregular Summons from one County to another shall
be wholly Discountinanced.
5. It's Ordered that an acco' be brought to y8 Prov" Councill of
what money hath been Collected on acco' of Bouys, w^all Convenient
Expedition, that it may be applyed to its proper use.
Adjourned till 9 To morrow morning.

At a Meeting ofthe Councill in the Councill Room In Philadelphia
y8 12,b 3d Mo., 1687. y
PRESENT :
THOMAS LLOYD, Presid.
Arthur Cook, John Bristow, Joseph Growdon,
Ja. Claypoole, Nich. -Newlin, * John Barnes,
Wm. Dervall, Griffith Jones, Wm. Markham, Secre.
John Roadss, John Symcock,

. PROVINCIAL COUNCIL. 169
Luke Watson and Vallentine Hollens worth Came with a Msssags
from y8 Asssmbly, to Know whsn y8 Councill would bs at Leasure to
hear some proposalls from y8 Assembly.
Answered. As soon as they pleased.
The Assembly Came with their Speaker to the Councill, and having
Debated on y8 proposalls following, left them in writing, signed by
their Speaker, which followes, Verbatim :
Ordered y' a Conference be proposed to the Presid' & Prov" Coun
cill, wherein some Laws w8" are Lyable to Divers Interpritations or
Expositions, may at this Gen" Assembly be Explained, & y8 true
meaning thereoffDeclared, to prevent Diversity of Opinions and Er-
rours that may otherwise arrise, Viz :
1 . That the Law relating to goods taken upon Execution & ap
praised, whether y8 Creditor shall bs obliged to take them at y8 Rate
appraised if they will not advance higher at y8 publick Sayle, and
whsthsr y8 appraissrs are by Law Intended to be appraisers in other
matters. 2. The Law Concerning Quarter Sessions; how far y8 County
Quarter Sessions may be Judges of Equity as well as Law, and if
after a Judgment in Law, whether the same Court hath power to
Resolve itsslfe into a Court of Equity, and Either Mitigate, alter, or
Revers y8 said Judgment.
3. That the Presid* & Prov" Councill be Requested to take such
Effectuall Care about setting the antient port of the whorkills at
Lewis, whsrsby y8 Inhabitants may not bs deprived of benefit of Re-
csivsing goods from on board any Vessell, untill y8 said goods be first
Cleared at New Castle, whereby y8 Difficulty of returning, and some
times the danger that doth otherwise attend Vessels, have Deprived
y8 Inhabitants of Such goods as have been Consigned to them.
4. That the Presid' & Councill be requested to Command that
such necessary Publick Roads bs Every where sett forth and Duly
maintained, & more Especially in y8 County of Philadelphia, y' travi-
ling for man and Beast maybe more Easie, safe &' Certaine.
5. That the Assembly Confer with the Prov11 Councill about the
regulation of the Current pay of this Governm'.
Signed p Order.
JOHN WHITE, Speaker.
Philadelphia, the 12'" 3 Mo., 1687.
Adjourned for ons hour Prsssisely.
POST MERIDIEM. 12 3 Mo., .1687.
PRESENT :
THOMAS LLOYD, Presid*.
Jos. Growdon, Jam. Claypoole, Wm. Darvall,
Jno. Bristow, Wm. Clark, Griffith Jones,
Jno. Symcock, ,Nich. Newlin, Wm. Markham, Secre.
Arthur Cook, John Roades.
A Letter bearing date y8 9th Inst, from James Walliams, Collector

160 MINUTES OF THE
at New Castle, Directed to y8 Secretary, was Read, Desireing y' if the
Warr' of assistance was Orded by y8 Councill, to send it -him downe.
Ord83 that y8 Secretary Informe him of a. Comission newly received
from y8 Gov', and Expected Every day to be opened, to wcb the Grant
ing of the Warrant is Referred.
A Comission Directed to Wm. Markham, Thomas Ellis & John
Goodson, was Read at this board, Wm. Markham & John Goodson
being present; it was Date ye 21lb lllh Mo., 1686.
Adjourned till y8 16,h Inst', 9 in y8 forenoon.

At a Meeting of the Councill in the Councill Room in Philadel
phia The 16tb ofthe 3d Mo., 1687. PRESENT :
THOMAS LLOYD, Presid*.
Arth. Cook, Joseph Growdon, John Barnes,
Wm. Clark, John Bristow, Wm. Markham, Secre.
Griff. Jones,
Ord01 that a writt.be forthwith sent to Kent County, for y8 Chooseing
of a member of Councill in ye Roome of John Curtis, Dissmissed.
Ord8" that new Sheriff be Comissionated for y8 County of Sussex,
with all Expedition.
Orded That a Comission be made for John Roads to be Renger of
Sussex County.
Adjourned till further Order.

At. a Meeting ofthe Councill in the Councill Room at Philadelphia
y817*b3dMo., 1687. PRESENT :
THOMAS LLOYD, Presid.
Arth. Cook, Wm. Clark, Griff. Jones,
Jos. Growdon, John Symcock, Wm. Markham, Secre.
The Petition of Elizabeth Shorter, Widdow, was read, Complayn
ing that John Rush, her son in Law, in stead of a Letter of Atturney
that shee was to signe, prepared a Deed of gifft of all her Estate, with ¦
power of Atturney, to one Sam" Atkins, to acknowledge the same in
Court. The Wittness to y8 Deed were severally Examined ; they all Confest
the writing was not read to her, nor Could shee Ever write or Read
herselfe, so y' it appeared to this board to be an absolute Cheat.
Adjourned till further Order.

PROVINCIAL COUNCIL. 161
At a Meeting- of the Councill in the Councill Rooms at Philadel
phia y8 18th 3d Mo., 1687. PRESENT :
THOMAS LLOYD, Presid.
Arth. Cook, James Claypoole, Joseph Growdon,
Jno. Symcock, Griff. Jones, Wm. Markham, Secre.
Wm. Clark,
The Writt for Choosing a member of Councill for y8 County of
Kent, in y8 Roome of Curtis, Dismissed, was this day signed by y8
President. The Petition of John Redwood for Releef against an Execution
Surreptitiously obteined against him at ye Sute of Richd Hogbean, at
y8 County Court of Philadelphia, (formerly Read at this board,) and
now Read againe.
Answered. It is y8 Sense of y8 Councill that the offers John
Redwood made before yE Members of this board for y8 Satisfacon of
the Debt he Oweth to Rich* Hogbean, are Sufficient, Viz: to give Se
curity to pay y8 Debt in Sussex County, where the Creditor lives.
Secondly, he Offered a Warrant of Atturney to Confess Judgment for
y8 same in y8 next Court to be held in y8 County of Sussex, if not
payd before. And Lastly, y8 Creditors refuseing to take Wm. Clark
security for y8 payment of y8 Debt within six weeks time, notwith
standing the Cred' first proposed it, & Wm. Clark willing thereto.
Therefore, this board's Opinion is, that y8 Creditor, Richd Hoggbean's,
behaviour in this is Litigious and Vexatious.
The Petition of James Browne was Read, desiring the paym' of
money due to him from Chr. Taylor,' Deceased.
Answered, that at the time appoynted, Arnoldus De La Grange, it
shall have its answer.
The Petition of Thomas Woolaston was Read, Complayning that
ye County Court of New Castle had Denyed him an appeal to have
his Cause heard in Equity, notwithstanding he gave his reasons for
Requesting his appeal, and his Security then ready in Court ; he pro
duced to this board y8 Coppy of y8 proceeding in y8 County Court, wch
was signed by y8 Clark thereoff, upon y8 Reading off which ye Coun
cill approved ofy8 reasons therein given to be sufficient for y8 granting
him an appeal ; & thereupon ord8" y' y8 Secretary take Security of ye
sd Tho. Woolaston, for the Prossecuting y8 said appeal at ys next
Prov" Court, and then sent a Coppy of this minute, with orders from
this board, under y8 secretary's hand, toy5 Magestrates of New Cas
tle County, or a Quorum thereof, willing & requiring them to stopp
all further proceeding relating to this Cause in y' County, and y' the
appeal be granted him to y8 next Prov" Court.
Adjourned till further Order.

14*

162 MINUTES OF THE
At a Meeting ofthe Councill in the Councill Roome in Philadelphia
The 17*bofy86'1' Mo., 1687. PRESENT :
THOMAS LLOYD, Presid*.
Wm. Clark, Jos. Growdon, John Bristow,
Arth. Cook, Nich. Newlin, Wm. Markham, Secre.
Griff Jones,
Ordered that a writt be sent to ye Sherriff of Philadelphia County,
for y8 Choosing of a member to serve in Prov" Councill in the Roome
of James Claypoole, Deceased, & that y8 Election be on y8 26,b Inst*.
Adjourned till 3 in y" afternoon.
POST MERIDIEM.
PRESENT :
THOMAS LLOYD, Presid'.
Wm. Clark, Griffith Jones, Rob' Turner,
Arth. Cook, Nich. Newlin, Wm. Markham, Secre.
Jos. Growdon, John Bristow,
Ordered y' a Gen" Comission of y8 Peace be made for y8 County of
Philadelphia, and to put in John Eckley, Tho: Ellis, John Goodson,
Wm. Southersby, Barnabas Willcox, Joshua Cart, John Shelton.
The Petition of about three score people, Inhabitants of Chester
County, was Read, setting forth the great want of a Mill in their
parts, and Requesting a Permission for Thomas Coebourne to goe for
ward with ye building, and setting1 up of his mill on Chester Creek.
The Councill is willing to give Incouragem' to y8 Proceedure of
Thom. Coebourne in the finishing of his mill that he is now about, for
ye urgent necessity of y8 Contrey, Reserving to y8 Gov' his Proprie
tary Shipp.
' Adjourned till 7 to morrow morning.

At a meeting ofthe Councill in the Councill Room at Philadelphia
y8 18'" 6'" Mo., 1687. present:
THOMAS LLOYD, Presid*.
Wm. Clark, Griffith Jones, John Bristow,
Arth. Cook, Jos. Growdon, Wm. Markham, Secre.
Rob' Turner,
Ordered That those persons who were Constituted Deputies by
James Claypoole, late Register Gen11 of y8 Province and Territories,
doe Continue in y8 Said Office untill further Ord".
Ord81 that John Eckley be Constituted Register Gen" in the Roome
of James Claypoole, Deceased, till y8 Gov'8 pleasure be further knowne,
in order to his Disposall ofy8 said Office.

PROVINCIAL COUNCIL. 163
Ord80 That Thomas Hooton be requested to prove the will of Chris
topher Taylor, Dsccased, & to administer upon y° same.
The Petition of Arnoldus Delagrange was Read, Requesting y"
Paym' of what was Owing to him by Chris. Taylor, Deceased, ac
cording to a promise made by this board 11th 2d month last past.
Refered to Tho. Hooton, who is desired to administer upon y8 Estate.
The Petition of Maj" Wm. Dyer was Read, setting forth his sevear
usage by an Illegall proceeding ag' him, at New Castle, in attachment
of his Goods, & desiring Reliefe from this board.
Ordered y' the Clark of New Castle Court be writ to to transferr to
y8 Secre"78 Office y8 Coppy of what proceedings Remains on y8 Courts
Records against Maj" Dyer, upon y8 attachment aforesaid.
Vpon y8 Reading y8 Petition of y8 Inhabitants of Rodnor, Com
playning y' part of y8 road yl leades thence to the ferry of Philadel
phia is ffenced in, & more likely to be, it was Orded y' John Bevan,
Henry Lewis, David Merideth, John Evans, Barnabas Wilcox &
Tho. Duckett, meet within fourteen days, to view or agree upon, as
Conveniently as may be, a Road from y8 Place aforesaid to y8 ferry,
and y8 Like Convenient Road from Darby to y8 ferry aforesaid, by
y8 said Barnabas Willcox, Tho. Duckett, with John Blunston &
Joshua fearme, by y8 Time aforesaid, and to Retufee y8 same to this
board y8 next sitting of Councill for their approbation.
John Bristow is desired to give y8 Persons above mentioned notice
thereof in his Returne.
Wheras there was a late Order for y8 Viewing and Discovering a
maine Road from y8 Center of Philadelphia y8 Shortest way to y8 falls,
it is Requested y' Rob' Turner and Wm. Markham, with y8 As
sistance of y8 Survey" Gen" and his Deputy, to make use of y8 most
spesdy and Succesfull Methods for y8 running y8 same.
The Petition of John Ithell was Read, setting forth that Rob' Turner
had Nine Small baggs of peices of Eight of Wm. Steets of Cork, in
y8 Kingdome of Ireland, part of w8b y" said Robert Turner hath de
livered, and desires to be acquitted of y8 Residue, therfore prays it
might Lodg in y8 hand of Humphrey Morrey or John Bristow, or
who y8 Councill shall appoynt.
The Councill would not meddle with it.
Adjourned till y8 8'" 7"1 Mo. next.

At a Meeting of the Councill in the Councill Roome at Philadel
phia y8 8th 7a month, 1687.

PRESENT :

THOMAS LLOYD, Presid*.
Wm. Clark, Jno. Bristow, Robt. Turner,
Jno. Cann, Griffith Jones, Wm. Markham, Secret7.
P' Alrichs, Nich. Newlin,

164 MINUTES OF THE
The Petition of Maj" Wm. Dyer that was Read y8 last sitting of
the Councill was againe Read.
The Clark of New Castle County being present, and Informing y"
Councill of y8 favourable proceedure ofy" County Court upon y8 At-
tachement of y8 Goods of Maj" Wm. Dyer, at y8 sute of Mathias Van-
derhayden, in not granting Judgment, notwithstanding y8 Petitioner's
promise of appearance y8 second Court after y8 proces served, and
they being now better satisfyed of his Estate and Residence in this
Governm', Wee doubt not but upon his application to them he will
finde Speedy and Easey Redress.
Vpon the Application of Thomas Hooton, who was desired y" last
sitting of Councill to prove y8 Will & administer upon y8 Estate of
Chris. Taylor, he accepted y°same, upon this Request, that he might
not be Continued Longer by the Councill then he would well dis
charge y8 same, the w8" y8 Councill Granted.
Sam" Carpenter was Returned to this board to serve as a member
of Prov" Councill ye Remaining part of y8 time James Claypoole was
to serve.
Part of a Scurrilous Invective Libel against Rob* Turner, a worthy
member of this board, & formerly one of y8 Judges for this Province
and Territorys, wch very abusively reflected upon him in y8 Execu
tion of that Office, in such matter as to our Certaine Knowledge is
most abominably false and untrue, was Read ;
Wherupon it was unanimously agreed by all y" members present,
that all Convenient Speedy Course shall be taken for y8 Discovering of
y8 forgers, or first Contrivers, as well as ye Publishers of y8 same,
that they may be brought to Condigne punishment.
Adjourned till tenn To morrow morning.

At a Meeting of the Councill in the Councill Roome in Philadelphia
y8 9"1 of y8 7,b Mo., 1687. present:
THOMAS LLOYD, Presid*.
Robt. Turner, Jno. Bristow, Sam" Carpenter,
Jno. Symcock, Nich. Newlin, Wm. Clark,
John Cann, Griff. Jones, AVm. Markham, Secre.
Pet" Alrichs,
Sam" Carpenter, y' was Returned yesterday by y8 Sheriff of
Philadelphia County, to serve in Prov" Councill in y8 Roome of James
Claypoole, for y° Remayning time he was to serve, This day signed
y8 attest and took his place at y° Board.
John Cann proposed in y° behalfe ofy8 County of New Castle, y ' the
King and Gov™ Concerne may not suffer for want of an Atturney
Gen". The Councill take it in to Consideration, y' y° Province and
Territories shall be supplyed as occasion shall Require. ,
Ord8" that Writts Issue forth for y8 Choosing of two members of
Prov" Councill, one for y' County of Kent, in y' Roome of John

PROVINCIAL COUNCIL. 165
Richardson, who for his non appearance according to Law and Char
ter, and his seeming unwillingness to serve, is Removed.
Ths other for y8 County of Sussex, in y° Roome of Maj" Wm.
Dyer, who for not Clearing himselfe ofy8 Charge against him within
y" time allowed him, is Dismissed.
Ord"1 that if John Eckley refuses to accept of the Office of Register
Gen", y' the Presid offer it to John Goodson.
Adjourned till ye tenth of yc next Mo.

At a Meeting of the Councill in the Councill Roome at Philadel
phia y8 28*" 7 bre., 1687. present:
THOMAS LLOYD, Presid*.
Arth. rook, Sam11 Carpenter, John Barnes,
John Symcock, Nich. Newlin, Robt. Turner,
Griff Jones, Edwd Green, Wm. Markham, Secre.
Ordered that Thomas Ellis be put in the Comission for Register
Gsn", in y8 Rooms of John Eckly, formerly appoynted for y8 same,
and in Case Thomas Ellis Refuse it, y8 President and Secretary are
Impowred to nominate and appoynt one.
Adjourned till y8 25*b next month.

At a meeting of the Councill in ths Councill Room at Philadslphia
y8 18lh 9"> Mo., 1687. present:
THOMAS LLOYD, Presid'.
Arth. Cook, John Barnes, Jos. Growdon,
John Symcock. John Bristow, Griffith Jones.
Wm. Carter's Year of Sheriffalty, being Expired, y8 Council! doe
hereby nominate and authorise John Claypoole to act and be Sherriff
for the City and County of Philadelphia, and y' y8 Secretary upon
his Returne, doe forthwith prepare a Comission accordingly, to Con
tinue till further Order, andy8 Presid is desired to signe y8 same.
Adjourned till To morrow.

At a Meeting of the Councill in the Councill Roome In Philadel
phia the 19'b of y8 9th month, 1687. PRESENT :
THOMAS LLOYD, Presid'.
Arth. Cook, John Bristow, Jos. Growdon.
John Symcock, . Griff Jones,

166 MINUTES OF THE
Wheras we are Informed by Wm. Clark, a member of Councill
for y8 County of Sussex, y' y8 Comission ofthe Peace for y" said said
County is Expired, it is therfore y8 Request of this present Councill
that y8 Presid', w'h ye assent of ye present members, doe send to y8
said County a New Comission by y8 first Opportunity.
The Presid' as aforesaid, is Desired to Supply Kent County also
with a Comission, if occasion be.
Adjourned till further Order. •

At a Meeting of the Councill in the Councill Roome at Philadel
phia y8 8" 1201 Mo., 1687-8. present:
THOMAS LLOYD, Presid.
Rob' Turner, John Cann, Jos. Growdon,
Arth. Cook, Jno. Bristow, Sam11' Carpenter,
Jno. Symcock, Phi: Pemberton, Wm. Markham, Secre,
Pet Alrichs, Griff Jonss,
Adjourned till 3 in the afternoon, or till further Order.

At a Mseting ofthe Councill in the Councill Roome in Philadelphia
y 9th 12*b Mo., 1687-8. present :
THOMAS LLOYD, Presid.
Robt. Turner, Griff. Jones, Joseph Growdon,
Arth. Cook, Phin. Psmbsrton, John Cann,
Jno. Symcock, Sam" Carpenter, Wm. Markham, Secre.
Pst" Alrichs, John Bristow,
Ths Gov™ Comission under y8 broad Seal, unto Thomas Lloyd,
Rob' Turner, Arth. Cook, John Symcock, & John Eckley, Impow
ring thsm, or any thres of thsm,to bs his Deputy or Leiftenant, was
Read.

v8 9** 12 * Ming°f theCounciI1 in the CounciH Room at Philadelphia
present :
f"l. Thomas Lloyd,
| 2. Rob' Turner,
Councillors. <{ 3. Arth. Cook,
I 4. John Symcock,
15- John Eckley.

PROVINCIAL COUNCIL.

167

Councillors.

Peter Alrichs,
J Joseph Growdon,
John Cann,
_ John Bristow,

Sam" Carpenter,
Phin. Pemberton,
Griffith Jones,
Wm.Markham, Secret7.

The Returne of Kent County was Read, wherein was Returned
Wm. Markham, to serve in Prov" Councill in the Roome of John
Richardson; y" Returns was allowed by y8 Deputy Gov" & Prov" Coun
cill, & Wm. Markham accepted as a member of ye Councill, attested,
and took his place.
The Pstition of Thomas Clifford was Read, Rsquesting Reliefs ;
being poor, and Long ssrvsd y8 Councill as their Messenger, It was
unanimously agreed by y8 Deputy Gov" & Councill, that Each County
shall pay hini twenty Shillings, forthwith, for his present Relief.
Adjourned till further Order.

At a Meeting ofthe Deputy Gov" & Councill in y8 Councill Room
at Philadelphia y 30th of y8 l8' Mo., 1688.

PRESENT :

Councillors.

Councillors.

1.

2. Rob' Turner,
3. John Symcock,
4. Arth. Cook,
J5. Jno. Eckley.
f Griffith Jones,
¦< Sam11 Carpenter,
(_ Sam" Richardson,

^ Dep*7 Gov".

Wm. Yardley,
Barth. Coppock,
Wm. Markham, Secre.

Four of y8 above mentioned Councillors were Returned by y8
Sheriffs of their respective Counties,, to serve as members of Coun
cill for three years next Ensuing, Viz' : Sam" Richardson for Phila
delphia, Wrm. Yardley for Bucks, Barth. Coppock for Chester Coun
ties, Griffith Jones for Kent; the which Returnes were accepted ;
y8 members Returned admitted, signed y° Attest, and took their
place. Adjourned till 9 to morrow in y8 forenoone.

At a Meeting ofthe Dep*7 Gov' & Councill in the Councill Rooms
at Philadelphia y° SI"1 ofy8 1° Mo., 1688.

Councill".

present :

P- | 2. Rob' Turner,
¦^ 3. Jno. Symcock,
, ] 4. Arth. Cook,
l_5. John Eckley.

¦> Dep'7 Gov'.

J

168

MINUTES OF THE

Councillors.

f Griffith Jones,
J Sam" Carpenter,
\ Sam" Richardson,
[_Wm. Yardley,

Barth. Coppock,
John Bristow,
Wm. Markham, Secre.

Wm. Clark's Letter to y8 Dep*7 Gov' and Councill, without Date,
was Read.
Luke Watson appeared and Presented himselfe as a member of
Councill, Chosen y8 last Election, for y8 County of Sussex, but no
Returne being made Could not be admitted.
The Complaint of y8 Maj' part of y8 free-holders of Susssx Coun
ty against y8 Sheriff, for not returning a Member they had Chosen
to serve in Prov" Councill, was Read.
John Hill presenting y8 Complaint was Called in, and answsr given
him that it should have a Due Consideration, and Justice Don to
y8 County.
. Ord80 That franc. Cornwell, Sherriff of Sussex County, be Orded
to appear before -'y8 Deputy Gov' and Councill y8 same day y8 next
Gen" Assembly is \o± meet, to answer y8 Complaint above.
Adjourned till y8 2d of ye next Mo., tenn in y8 forenoon.

At a Meeting of the Dep'7 Gov' & Councill in the Councill Roome
at Philadelphia y8 2d ofy8 2d Mo., 1688.

present :

Councillors.

Councill™.

P
| 2,
<!* 14,

Robt. Turner,
John Symcock,
Arth. Cook,
^5. John Eckley, '
f John Bristow,
j John Cann,
<! Griff Jones,
! Sam" Richardson,
LSam" Carpenter,

1

> Dep'7 Gov'.

Wm. Yardley,
Barth Coppock,
Jos. Growdon,
Wm. Markham, Secre.

The Returne of New Castle County was Read & allowed off.
Johannes D. Haes was Returned to serve in Prov" Councill, but
made not his appearance at y8 board.
Adjourned till 3 in ye afternoon.

Councill.

POST MERIDIAM.
PRESENT :
f"l. Thomas Lloyd,
| 2. Robt. Turner,
^ 3. John Symcock,
| 4. Arthur Cook,
1.5. John Eckley,

1 *•
i
}> Dep*7 Gov'.

PROVINCIAL COUNCIL.

169

f John Bristow,
j Sam" Carpenter,
Councillors. <j Joseph Growdon,
j Wm. Yardley,
JJBarth. Coppock,
Adjourned till 9 to morrow in forenoon.

Griff. Jones,
John Cann,
Sam" Richardson,
Wm. Markham, Sscre.

At a Meeting of the Councill in the Councill Roome the 3d ofy8
2d Mo., 1688. present:
f 1. Thomas Lloyd,
| 2.
Councillors. <{ 3. John Symcock,
j 4. Arth. Cook,
(_5. John Eckley.
"Griffith Jones,
Pef Alrichs,
Councill™. <| John Bristow,
Wm. Yardley,
J3am" Carpenter,
Severall Petition were Read from y8 Inhabitants of their Respective
Counties, Requesting y8 Prohibiting y8 Exportation of Dear skins.
They were Referred to the Consideration of a Comittee.
Severall Orders of y8 Last Legislative Councill were Read.
The Comittee appoynted are Sam" Carpenter, John Bristow, Joseph
Growdon, John Cann & Griffith Jones.
Adjourned till 10 to morrow forenoon.

Dep*7 Gov'.

John Cann,
Barth. Coppock,
Sato" Richardson,
Joseph Growdon,
Wm. Markham, Secre.

Dep" Gov".

At a Meeting ofthe Councill in the Councill Roome in Philadelphia
y,4*bofy82dMo., 1688. PRESENT :
("1. Thomas Lloyd, "")
| 2.
Councillors. <^ 3. John Symcock,
| 4. Arthur Cook,
l_5. John Eckley.
("John Cann,
j Pet Alrichs,
Councill™. <| Sam" Richardson,
| John Bristow,
\^ Joseph Growdon, 15

I

Wm. Yardley,
Barth' Coppock,
Sam" Carpenter,
Griff. Jones,
Wm. Markham, Secre.

170

MINUTES of the

The Comittee appoynted yesterday, brought to this board their
transactions, w8" were Read & ffyled.
The board debated upon severall of y8 Propositions y8 Comittea
presented. Adjourned till 3 in the afternoon.
POST MERIDIEM.
PRESENT :
fl. Thomas Lloyd, "")
| 2. |
Councill". <{ 3. John Symcock, J> Dep'7 Gov". -
4. Arthur Cook, j
^5. John Eckley. J
f John Bristow, John Cann,
| Joseph Growdon, Pet" Alrichs,
Councill"*. <J Sam" Richardson, Barth. Coppock,
Sam" Carpenter, Griffith Jones,
wWm. Yardley, Wm. Markham, Secre.
The Debate w8" began in y8 forenoon Continued. The Comittee
was appoynted to draw up some bills in order to promulgation.
Adjourned till 9 to morrow in y" forenoon.

At a Meeting of the Councill in the Councill Room at Philadelphia
y^^of y82dMo.,1688. PRESENT :
fl. Thomas Lloyd, "")
| 2. Rob' Turner,
Councill". <* 3. John Symcock,
| 4. Arthur Cook,
{_5. John Eckley.
"Sam" Richardson,
Peter Alrichs,
Councill™. <{ Wm. Yardley,
John Cann,
_Sam" Carpenter,
The Comittee brought in severall Bills Drawne up, y8 w8" were De
bated, and that they may be in a more Exact forme, they were Re-
comended to y8 Care of John Cann, Sam" Carpenter & Jos. Grow
don, as a Comittee, with y8 Atturney Gen" to assist them.
Adjourned till 7 To morrow morning.

J> Dep'7 Gov".

Barth. Coppock,
Griffith Jones,
John Bristow,
Joseph Growdon,
Wm. Markham, Secre.

PROVINCIAL COUNCIL.

171

At a Meeting of the Councill in the Councill Room In Philadelphia
y8 6'" of y' 2d Mo., 1688.

PRESENT :
P-| 2. Rob' Turner,
Councill™. <{ 3. John Symcock,
| 4. Arth. Cook,
U>. John Eckley.
("Sam11 Carpenter.
j Griffith Jones,
Councill™. ¦<

1 J> Dep'7 Gov".
I
J Jno. Cann,
Pet" Alrichs,
Wm. Yardley,
Joseph Growdon,
Wm. Markham, Secre.

Jno. Bristow,
Sam" Richardson,
(JBarth. Coppock,
The Proposalls made to this board were severally Debated, as fol
loweth :
l8'. About fferrys. It is Referred to y8 Law in y' Case made.
2'"7. About Provision for y8 Poor.
Resolved, y8 County Courts not having sufficient Power, notwith
standing y8 126 Law, to Raise money for a Stock to Defray necessary
Charges of their Respective Counties, it is therefore ord01 by y8 Gov"
and Councill, thatt a bill be prepared to Enable them to Raise y8 same
according to their discrestions, by wcb means y8 32d Law will be sup-
piyed- 4
3d*7. About Selling of Rum to y8 Indians. Ord8d y' y8 Magestrates
be Reminded to put y8 IS"1 Law in Execution, both in y8 Pro
vince & Territorys.
4Ur. After a Considerable Time taken up in Debate about Thi*
proposition, it was put by.
Adjourned till 2 in y* Afternoon.

POST MERIDIEM.

Councill".

Councill™.

present :
fl. Thomas Lloyd,
j 2. Rob' Turner,
¦^ 3. John Symcock,
j 4. Arthur Cook,
l_5. John Eckley.
("Sam" Carpenter,
( Sam" Richardson,
<J. Peter Alrichs,
j John Cann,
I^Wm. Yardley,

*> Dep*7 Gov'.
Griffith Jones,
John Bristow,
Barth. Coppock,
Jos. Growdon,
Wm. Markham, Secre.

5thly. About Killing of Wolves.
Resolved, y' y8 Gov' and Councill, when desired by y8 Respective
Magestrates of any Court, will grant their Order for y8 Incourage-
ing y" Indians to y8 Destroying of Wolves beyond y8 provision made
by Law.

172

MINUTES OF THE

6thly. About y8 Strengthning the 169 Law about y8 Transporta
tion of Dear Skins. Ord8* a Bill be prepared for y8 same.
Adjourned till 7 To morrow morning.

At a Meeting of the Councill in ths Councill Rooms in Philadel
phia y8 7,b of y8 2" Mo., 1688.

Councill".

Councillors. <

present :
fl. Thomas Lloyd,
I 2.
<{ 3. John Symcock,
j 4. Arthur Cook,
[5. John Eckley.
Wm. Yardley,
John Bristow,
Sam" Carpenter,
John Cann,
(_Barth. Coppock,

}> Dep*7 Gov".

Joseph Growden,
Sam" Richardson,
Griffith Jones,
Peter Alrichs,
Wm. Markham, Secre.

The Gov" of New York's Letter Directed to y8 President & Coun
cil!, bearing date y8 S0'b of March, 1688, with y8 Coppy of y8 King's
Ord' directed to y8 Said Gov', were both Read at this Board : it Was
Recomended to ye Members of Councill to give their Oppinion
thereon. A bill for Enabling Widdows and Administrators of Intestates, with
approbations of y8 Councill, &c. to dispose of part of y8 Intestate's
Lands towards y8 Defraying of Just Debts, Towards y8 Education
of Children and support of y8 Widdows, &c. was y8 first time Read.
A bill for y8 prohibiting y8 Exportation of Dear Skins undressed,
w^out Certificate, as in y8 169 Law, and drest in no wise, was y8 first
time Read.
Adjourned for an Hour.
POST MERIDIEM, the 7*" of y8 2dMo., 1688.
PRESENT :
Thomas Lloyd,
Rob*. Turner,
John Symcock,
Arthur Cook,
l_5. John Eckley.
("Wm. Yardley,
| Pr Alrichs,
•^ John Cann,
| Barth. Coppock,
"(__ Joseph Growdon,
The Petition of Thomas Woollaston was Read, Requesting relief
ag' Gramton for not obeying y8 Decree of y" Prov" Judges, and

Councillors.

Councillors.

fi ts.
<J3. 14.

1

Dep*7 Gov'.

Griffith Jones,
Sam" Richardson,
Sam" Carpenter, '
Wm. Markham, Secre.

PROVINCIAL COUNCIL.

173

forceably Entred into his house, & Driven^ his Cattle off of his
Land. The Deposition of James Read, taken before Cornelius Empson,
justiceof y8Peace,(w'b* witnesseth y' Thomas Woolaston tendered pay
to John Gramton, according to y8 Judge's Decretall Order,) was Read.
A Certificate was Read, signed by John Richardson, Hen. Hoi-
lingsworth & David Richardson, Certifying y' y8 said Woollaston had
at fernhook two Cows, one Bull, one horse, Bridle and Saddle, valued
by them at Eighteen pounds, w8b was tendered for y8 satisfieing of
John Gramton, according to y8 Prov" Judge's Decree. The Judge's
Decree aforesaid was Read.
The whole Matter in Difference between Thom. Woollaston and
Jno. Granton, as a fore said, is by Ord' of this board Referred to y8
Determination of the Judges at y8 next Prov" Court, and notice to be
sent to John Granton to appear there.
The Petition of Wm. Guest ag' y8 Sheriff of New Castle County
was Read. John Cann accomodated y8'. Difference.
Mordica Howell's Petition was Read, Craveing an Ord" for a Spe
eiall Court: he was Referred to y* County Court.
The Petition of James Fox in y8 behalfe of y8 Plymouth friends
was Read, Requesting y8 Confirmation of y' Road to y8 Plymouth
Townshipp, w8"1 was Laid out by an Ord' from this board. Orded that
it shall Continue till altered by the Gov' & Councill.
The Petition of y8 Inhabitants of at y8 Center of Philadelphia, Re-
qussting y° fayr to bs Kspt there. Answered the next fayr will be
granted to be kept at y8 Center.
Adjourned till y8 9*° Ins', 9 in y8 forenoon.

At a Meeting ofthe Councill in y8 Councill Room at Philadelphia
y8 9'" ofy8 2" Mo., 1688.

PRESENT :

P-

1

j 2. Rob' Turner,
I
Council".
<^ 3. John Symcock,
| 4. Arth. Cook,
}» Dep*7 Gov'.
|
'
[_5. John Eckley.
J
("Sam" Richardson,
Peter Alrichs,
| John Cann,
Sam11 Carpenter,
Councill™.
¦^ Joseph Growdon,
John Bristow,
[ Griffith Jones,
Barth. Coppock,
t_Wm. Yardley,
Wm. Markham, Secre.
The Petition
of Henry Stretcher wasReac
1, Requesting Relief ag'y8
Sevear sentence of y8 County Court of Sussex ag' him in an action of
"Evidently wob.
15*
174

MINUTES OF THE

Slander, wherein Wm. Clark was Plantive ag' him; the proceedings
of v8 County Court was likewise Read.
Ordered that an Ord be sent to y8 Sheriff of Sussex County to
suspend y8 whipping of Henry Stretcher, wcb was part ofthe Sentence,
untill ye first day of y8 4lb Mo., next.
Adjourned for an hour and halfe.
POST MERIDIEM.

Councillors. <[

PRESENT :
1. Thomas Lloyd, "|
2. Rob' Turner, |
3. Arthur Cook,
, 4. John Symcock, j
[5. John Eckley. I
Sam" Carpenter,
Joseph Growdon,
Griffith Jones,

y Dep'7 Gov',

John Bristow,
Barth. Coppock,
Wm. Markham, Secre.

Sam" Richardson,
Peter Aldrichs,
John Cann,
Wm. Yardley,
The bill for Enabling Widdows of Intestates to Dispose of Lands
was Read, with approbation, the second time.
The Bill prohibiting y8 Exportation of Deer Skins, &c. was Read
y8 Second time.
The Bill for Continuing of y8 former Laws was Read y8 first
time. The Bill for Sale of Lands upon Execution to pay debts, being Ex
planatory and additionall to a former Law made at Upland, wherin
Land were made Lyable to pay debts, Read y8 first time.
The Presid' was desired as being M' of ye Rolls, that a bill might
be prepared for y8 Indemnifieing of Gifts, Grants, & Conveyances of
Land, and other writings wcb were un recorded, or not Recorded ac
cording to Law, and that all bills and bonds may be free for y8 future
that is under y8 penalty of that Law.
Adjourned till 7 to morrow morning.

At a Meeting ofthe Councill in the Councill Room at Philadelphia
y8 10'" of y8 2d month, 1688.

Councillors.

Sam" Carpenter,
Sam" Richardson,
John Cann,
Joseph Growdon,

present :
("1. Thomas Lloyd
I 2. Robert Turner,
<, 3. John Symcock,
| 4. Arthur Cook,
{5. John Eckley.
Wm. Yardley,
Barth. Coppock,
Griffith Jones,

J> Depty Gov'.
Jno. Bristow,
Peter Alrichs,
Wm. Markham, Secre.

PROVINCIAL COUNCIL.

175

The President brought in a bill to this board for y" Indemnyfieing
y non and undue Recording of Gifts, grants and Conveyances, &c,
wa y° Exception Desired. Read y" first time.
The bill of Supply was y8 first time Read.
The Returne of y8 members for Sussex County was Read and al
lowed, but it being Sent by water mist its being here in Due time.
Adjourned till two in the afternoon.
POST MERIDIEM.

present:

Councillors.

fl. Thomas Lloyd,
2."

Robert Turner,
¦^ 3. John Symcock,
| 4. Arthur Cook,
l_5. John Eckley.
Barth. Coppock.
. Sam" Carpenter,
John Cann,

1 I

Dep*7 Gov'.

Sam" Richardson,
Peter Alrichs,
Wm. Markham, Secre.

Joseph Growdon,
Wm. Yardley,
John Bristow,
Griffith Jones,
The bill for Continuing y8 former Laws a secohd time Read.
The bill for Enabling Widdows of Intestates to sell land, &c.
Read a Second time.
The Bill for making Lands Lyable to pay debts was Read a second
time. The bill for Intrest read y8 first time.
Adjourned till two in y8 Afternoon to morrow.

At a Meeting of y8 Councill in
phia y8 ll,b of y8 2d month, 1688.

the Councill Room at Philadel-

Councillors.

fl. Thomas Lloyd,
| 2. Rob' Turner,
<( 3. John Symcock,
j 4. Arthur Cook,
[_5. John Eckley.
Joseph Growdon,
John Cann,
Pet' Alrichs,

y Dep*7 Gov'.
I
J

John Bristow,
Griffith Jones,
Wm. Markham, Secre.

Wm. Yardley,
Sam" Richardson,
Barth. Coppock,
Sam" Carpenter,
The Petition of Abrah. Man was Read, requesting y" Gov1 and
Councill to Order him a Rehearing in y8 County of New Castle, of
y8 Actions in w8" Judgment passed against him in his absence, he
being out of y8 Government and knew' not of their Comencement.
The Justices" of y8 Said County at his Returne had granted him an

176 MINUTES OF THE
appeal to y8 Prov" Court, but y8 Judges therof not thinking it Came
Resularly before them, Refused the hearing of it.
The bill for Supply was Read a Second time.
The bill about Intrest was Read a Second time.
The bill about ye Records was Read a Second time.
The Bill for Prohibitting y8 Exportation of Deer Skins was Read a
Second time.
Adjourned till to morrow morning.

At a Meeting of the Councill in the Councill Room In Philadel
phia y8 12lb ofy8 Second Mo., 1688.
PRESENT :
f\ . Thomas Lloyd, "1
| 2. Rob' Turner, j
Councillors. ¦< 3. John Symcock, )- Dep'7 Gov".
| 4. Arthur Cook, |
¦^5. John Eckley. J
Sam" Richardson, ~ Griffith Jones, Pet" Alrichs,
John Bristow, Sam" Carpenter, Wm. Markham, Secre.
Barth. Coppock, Wm. Yardley,
Abraham Man further Complayning of y8 Sevear and Irregular
proceedings of y8 County Court of New Castle, by a Judgm' unduly
obtained against him in his absence, upon y8 Plaint of Alderman
Ridges, by Sam" Jennings, his atturney, and without defence made in
his behalfe.
The Gov" and Councill upon full hearing of this matter, have or-
deined y' y8 same Cause of action be heard over, and Determined ac
cording to Law, at y8 next Prov" Court in Philadelphia, to be held y"
24th of y8 next 7'b month.
It is Ordered likewise, that y8 Cause' of Action or Difference betwsen
Abrah. Man and Wm. Guest, and for w8" y8 said Wm. Guest obteined
Judgm' lately in y8 County Court of New Castle, and Execution there- '
upon against y8 Said Abrah. Man, he being neither present, nor Deffence
made in his behalfe, that y8 same be heard and Tryed in y8 said
County Court ; The Second Court next Ensuing y8 date hereoff.
1. The Bill for Continuance of former Laws.
2. The Bill for Enabling of Widdows of Intestates to sell Land.
3. The Bill prohibiting y8 Exportation of Deer Skins before being
Exposed to Sale.
4. The Bill to make Lands layable to pay Debts.
5. The Bill for Legall Intrest.
6. The Bill about Records.
7. The Bill for Supply.
The afore named seven Bills were the third time Read and unani
mously passed, in Order for promulgation.
Adjourned till further Order.

PROVINCIAL COUNCIL.

177

At a Meeting of the Councill in the Councill Room in Philadelphia
y'lO*11 3d month, 1688.

present:

Councillors.

P- | 2.
is. 14.
15.

Thomas Lloyd,
Rob' Turner,
John Symcock,
Arthur Cook,
John Eckley,
Barth. Coppock,
John Bristow,
Wm. Darvall,
John Cann,

> Dep'7 Gov'.

Sam" Richardson,
Luke Watson,
Wm. Markham, Secre.

Wm. Clark,
Jos. Growdon,
Sam" Carpenter,
Johanes D'Haes,
Johannes D'Haes, who was Chosen a Member of Councill y8 last
Election, for y8 County of New Castle, presented himselfe to this
board, was attested, & took his Place.
Luke Watson, who was y8 Last Election Chosen and Returned a
Member of this board, but lying under a great Scandall & Infamous
Reputation, was not admitted to sitt at this board untill he had Cleared
himselfe thereoff, This day brought Certificate thereoff, w8" was by y8
board sufficient, and thereupon was attested, and took his place.
A Comittee was appoynted to Receive proposalls for amendments '
upon y8 bills. The persons Were : Sam" Carpenter, Sam" Richard
son, Wm. Clark, Wm. Darvall, John Bristow, Wm. Markham.
Adjourned till y8 12*11 Inst', 7 in y8 morning.

At a Meeting of the Councill in the Councill Room In Philadelphia
the 12'" of y8 3d Mo., 1688.

present:

Councillors.

Joseph Growdon,
Wm. Darvall,
Joha. D'Haes,
Barth. Coppock,

1

y Dep*7 Gov".

J

P- 2. Rob' Turner,
3. John Symcock,
4. Arth. Cook,
5. John Eckley.
Sam" Carpenter,
Luke Watson,
John Bristow,
Wm. Clark,
The Petition of Moses Aboab was Read, Complayning against John
Day for Selling a Servant who now works at y8 hoaw in y° Lower
Countyes, and with whome y8 said John Day had of his father in
London, tenn Guinnies to teach him y" trade of a Carpenter, and be
sides, y8 father paid for y8 said Servant's passage to Pennsilvania.
Ord83 that John Day appear at this board to answer y8 Complaint

John Cann,
Sam" Richardson,
Wm. Markham, Secre.

178

MINUTES OF THE

above going, y" next second day, w8b will be y8 14"1 Inst., or at y8 next
Sitting of the Councill.
Adjourned till two in y8 Afternoon.

Councillors.

f
1!

POST MERIDIEM.
present:
1. Thomas Lloyd,
2. Rob' Turner,
3. John Symcock,
4. Arthur Cook,
5. John Eckley.
Johanes D'Haes,
Luks Watson,
John Cann,
Sam" Carpenter,

Dep*7 Gov".

Wm. Darvall,
John Bristow,
Wm. Markham, Secre.

Wm. Clark,
Sam" Richardson,
Joseph Growdon,
Barth. Coppock,
The Comittee presented to this board three bills wcb was brought
to them from y" Assembly, with their Amendments thereon, (Viz' :)
The Bill for Continuance ofy8 Laws : y8 Bill Enabling Widdows to Sell
Land, dsc. The bill for 8 per cent, for a year's forbearance of money
or goods.
Adjourned till y8 14*b Ins', forenoon..

At a Meeting of the Councill in the Councill Roome in Philadel
phia y8 14*b of y8 3d Mo., 1688.

Councillors.

Wm. Clark,
Wm. Darvall,
Luke Watson,

present :
fl. Thomas Lloyd,
| 2. Rob' Turner,
¦^ 3. John Symcock,
| 4. Arthur Cook,
[_5. John Eckley.
Joha. D'Haes,
Sam11 Carpenter,
Sam" Richardson,

> Dep*7 Gov".

Jos. Growdon,
Barth. Coppock,
Wm. Markham, Secre.
Two bills, with their Amendments, were brought from y8 Assem
bly by Two of their members ; one was to make land Lyable to pay
debts, y8 other about Recording deeds in y8 Rolls Office.
Adjpurned till 3 in y8 Afternoon.

Councill™.

POST MERIDIEM.
PRESENT :
f 1. Thomas Lloyd,
]'2. Rob' Turner,
<( 31. John Symcock,
j 4. Arthur Cook,
^5. John Eckley.

1

I> Dep17 Gov'.
I

PROVINCIAL COUNCIL.

179

Wm. Clark, John Bristow, Wm. Darvall,
Sam11 Richardson, Sam" Carpenter, Johan. D'Haes,
Barth. Coppock, Luke Watson, Wm. Markham, Secre,
Two members from y' Assembly Came to y8 Councill with this
Message. That y" Assembly Requested y' a Certaine number of
them in behalfe of y8 whole, might have y" previlege to Confer with
y8 Councill about some affaires.
Answered : That they might Come if they pleased, but first they
should acquaint y8 Gov' and Councill of their business before they
Can be admitted to a Conferrance.
The Assembly Came with their Speaker, and was admitted : the
Conferrence wai Chiefly about their priviliges.
Adjourned till 7 to morrow morning.

At a Meeting ofthe Councill in the Councill Room In Philadelphia
y'lS^ofy8 3d month, 1688.

Councillors.

Wm. Clark,
Wm. Darvall,
Jos. Growdon,
Barth. Coppock,

fl. Thomas Lloyd,
| 2. Rob' Turner,
i 3. John Symcock,
| 4. Arthur Cook,
[_5. John Eckley.
Sam" Richardson,
Johan. D'Haes,
Luke Watson,

Dep'7 Gov'-

Sam" Carpenter,
John Bristow,
Wm. Markham, Secre,

The Petition of Luke Watson was Read, against Henry Bowman,
Ranger of y8 County of Kent, for his Killing y8 said Watson's Hoggs,
pretending they were Strays.
Adjourned to the Meeting house.

At a Meeting of the Councill in The Meeting house in Phila
delphia. After Debateing with and Convincing y" Assembly w80 Came to
the Councill of their- Irregular proceedings in severall matters, as
their Charge against the Judges upon a Decree in y8 Case of Gram-
ton & Woolaston, as also their Complaint against John Bristow, &c.
The Councill adjourned to meet againe in an houre, in y8 Coun
cill Room.

The Councill Mett accordingly.
A Summons was sent Directed to Thomas Clyfford, Messenger,
for the Summonsing y8 Subscribers of a Contemptuous Printing paper

ISO

MINUTES OF THE

touching y" Keeping of y8 fair at y8 Center; where it was Ordered by
y8 Gov' and Councill to be Kept.
The Petition of Peter Gronendike was Rsad, sstting forth his trou
bleinthemannagementof the Estate of Cornelius Verhoofe, Deceased",
as his Executor, begging Relief therein.
Adjourned till Six to morrow morning.

At a Meeting of the Councill in the Councill Rooms in Philadelphia
y8 16th ofy8 3d month, 1688.

Councillors.

Wm. Clark,
Sam" Richardson,
Johan. D'Haes,

P |4
15

PRESENT I
Thomas Lloyd,
Rob' Turner,
John Symcock,
Arth. Cook,
John Eckley.
Barth. Coppock,
Luke Watson,
Wm. Darvall,

Dep*7 Gov'.

John Bristow,
Sam" Carpenter,
Wm. Markham, Secre.

The Returne ofy8 Warr' granted yesterday for y8 Summonsing the
subscribers of y8 Contemptuous printed advsrtissm' against Keeping
y8 fayre at y8 Center, was made by the Messenger, and he attested
that they were all and Each of them Summonsed, Severall ofy8 Sub
scribers Excusing themselves.
The Dep*7 Gov" & Councill, after Reproveing them, did pardon all
those who subscribed to what was Endorsed on y8 back of one of y*
printer papers.
Adjourned till to morrow, 7 in y8 forenoon.

At a Meeting ofthe Councill in the Councill Room at Philadel
phia y" 17* 3d Mo., 1688. PRESENT :
p. Tho. Lloyd, ->
I 2. ',
<J 3. John Symcock,
| 4. Arth. Cook,
[_5. John Eckley.
Johan D'Haes,
Luke Watson,
Sam" Carpenter,

C ouncillors.

Wm. Darvall,
Sam" Richardson,
Joseph Growdon,

5> Dep17 Gov'.
JWm. Yardlsy,
Wm, Markham, Secre.

PROVINCIAL COUNCIL.

181

Severall Petitions were Read this forenoon, and answers given to
them. Adjourned till two in the afternoon.

Councillors.

Wm. Darvall,
Sam" Richardson,
Joseph Growdon,

POST MERIDIEM.
PRESENT .'
fl. Thomas Lloyd,
| 2. *
<( 3. John Symcock,
| 4.. Arth. Cook,
{5. John Eckley.
Johan. D'Haes,
Luke Watson,
Sam" Carpenter,
The Assembly having two bills yett not Returned to this board, and
the board Resolving to give no answer to any of their amendments
untill they saw what would become ofy8 other two,
Adjourned till 7 to morrow morning.

> Dep*7 Gov".

Wm. Yardley,
Peter Alrichs,
Wm. Markham, Secre.

At a Meeting of the Councill in the Councill Room in Philadel
phia the 18th ofy8 3d Mo., 1688.

Councillors.

present :
1. Tho. Lloyd,
2. Rob' Turner,
<{ 3. John Symcock,
| 4. Arth. Cook, '
l_5. John Eckley.
Sam" Carpenter,
Barth. Coppock,
Joseph Growdon,
Johannes D'Haes,

1 I
J> Dep'7 Gov".

J Wm. Yardley,
John Bristow,
Peter Alrichs,
Wm. Markham, Sec7.

Wm. Clark,
Sam" Richardson,
Griffith Jones,
Wm. Darvall,
Luke Watson,
The Gov' and Councill finding y8 fayr at Philadelphia happens to
be, as now held, on y8 Latter days of y8 Sitting of y8 Gen" Assembly,
which much Impedes the publick buisness of the Government, It is
therefore Ordered by y8 Dep*7 Gov" and Councill, that hereafter it shall
be Kept on y8 20,b day of y8 3d month.
And it is further Ordered y' an Additionall fayr be Kept at Phila
delphia at y8 Center, to be held y8 30'° day of ye next Sixth month.
Adjourned till 6*b to morrow morning.

16

182 MINUTES OF THE
At a Meeting of the Councill in The Councill Room at Philadelphia
y8 19*b of y8 3d Mo., 1688. PRESENT :
fl. Thomas Lloyd, ~j
| 2. Rob' Turner, |
Councillors. <^ 3. John Symcock, >> Dep*7 Gov'.
| 4. Arthur Cook, j
1^5. John Eckley. J
Wm. Clark, Wm. Yardley, Barth. Coppock,
Wm. Darvall, John Bristow, Sam11 Carpenter,
Pet' Aldrichs, Sam" Richardson, Wm. Markham, Secre.
Jos. Growdon, Luke Watson,
John White & Thomas Wynn Came to this board from y8 Assem
bly, and proposed in their names, and as y8 Sense of y8 whole As
sembly, That Six parts of Seaven of y8 Gen" Assembly agreeing
upon a Supply, That such Sanction and Establishment may be as
Effectuall and binding as any Law in that Case, notwithstanding
no previous bill prepared or promulgated for y8 same.
As to y8 Request of y8 Assembly for Releif of Grievances, The
Answer of this board is, y' the Gov" and Councill will take all possi
ble Care to prevent such for y8 future.
Adjourned to y8 Meeting house.
IN THE MEETING HOUSE, whether y8 Councill did adjourn.
After y8 Reading of y8 Bill, with their Amendments, Viz': the
bill for Continuance of y8 Laws ; The Bill Enabling Widdows to sell
Land ; The Bill for Eight per centum for years forbearance of money
or goods ; a Bill for Land to pay debts ; a Bill about Recording of
Deeds in y8 Rolls Office. These five were passed into Laws. The
Other two, Viz' : ye Supply, & that about Transporting of Deer Skins,
were Rejected, After w8° the Assembly Dismissed, and Then
The Councill adjourned back to the Councill Roome, Where
The Petition of Luke Watson was a second timeRead, Complayning
against Henry Bowman, the Proprietary's Ranger, for Killing y8 said
Luke Watson's Hoggs, under pretence of Strays.
The Proceedings of y8 County Court of Sussex was Read, wherin
Luke Watson had Indicted y8 said Henry Bowman for Killing y8 afore
said Hoggs.
Luke Watson and Tho. Wynn pleaded against y8 Ranger.
The Renger being demanded to Reply to their accusation, made
answer that he had had his Tryall, and had been Cleared by y8 County
of what was Alliged against him here, & therefore thought himselfe
not obliged to answer any more to it; Yett if y8 Gov' and Councill
thought fitt to ask him any questions Relating to it, he would, if he
Could, Resolve Them. .
Vpon The Reading ofy8 Petition of John Richardson, in y8 Behalf
of his Sister Judith Roe, who had Sentence of Death passsd upon her

PROVINCIAL COUNCIL. 183
ye beginning of this Mo. in a Prov11 Court held in Kent County,
Humbly beseaching that y8 Gov' would beplsased to grant y8 said
Judith Roe a Reprieve.
It was Ordered that a Warrant should be sent to y8 Sherriff to Sus
pend her Exscution till further Order.
Adjourned till further Order.

At a Meeting of y8 Deputy Gov' & Councill In the Councill Room-
at Philadelphia y8 24*b of the 7th month, 1688.
PRESENT :
("Rob*. Turner, ")
Councill™. -j John Symcock, i. Dep*7 Gov'.
(_ John Eckley. J
John Bristow, Sam" Richardson, Wm. Markham, Secre:
Barth. .Coppock, Sam'1 Carpenter,
The Election of Prov11 Judges w8" by Law were this day to Keep
Court at Philadelphia, was Debated, & having Considered y' the
Broad Seal was by Custome to be affixed to the Comission, and y'
y8 time would be Relapted before the Comission Could be Sealed,
and y Court opened, they Thought it more safe not to Comissionate
any rather than to doe it after y8 time appoynted by Law for y8 Courts
Sitting was past.
Adjourned till tenn to-morrow morning.

}

At a Meeting of the Dsputy Gov' and Councill in ths Councill
Room at Philadelphia The 25,b of y8 7*b month, 1688.
PRESENT :
•T Rob' Turner*
Councillors. ¦< John Symcock, J. Dep*7 Gov'.
{_ John Eckley.
John Bristow, Sam" Carpenter, Wm. Markham, Secre.
Barth. Coppock,. Sam" Richardson,
Margarett ffisher, Widdow, of y8 County, of Sussex, Complayning
that shee having appealed from y8 Judgment of y8 County Court of
Sussex, where shee had Indicted one John Barker of y8 said Coun
ty, for robing her and her son Thomas ffisher of three head of Cattle,
and that shee was Come up according to her Security Given, to
have it reheard in y^Prov" Court, but y8 Court not sitting, nor ye said Bar
ker appearing in Philadelphia, She very much feared y' Said Barker
would, before ye next Prov" Court, make away with, y" said Cattle..

184 MINUTES OF THE
Ordered that y8 Secretary Send to y8 Justices of Sussex County, in
behalfe of Widdow ffisher, y' they doe her what right y8 Law will
allow to Secure the Cattle or the value, till it be reheard next Prov"
Court, in Regard there were no Court at this time.
After that John Symcock, one of y8 Com™ of State, was gon, the
Petition of Henry Bowman was Read,eetting forth y8 hard usage of
y8 County Court of Sussex against him, wherein he was Indicted for
takeing one hundred & fifty peeces of Eight from one Stephen Page,
under pretence of his authority as being a Justice of the Peace,, and
after y8 Court had giyen Judgm*, they said Bowman, whereupon y8
Said Bowman Requested y8 Court to grant him an appeal to the
Prov" Court, but the Court Refused to grant it ; Therefore, humbly
Requests this board to grant him an Order for an Appeal, or for a Re
hearing of y8 Cause in the same Court it was before tryed in.
The present Members takeing it into Consideration, and in regard
they had not a sufficient number to make a Quorum, whereby to Draw
a possitive Order thereon, Did therefore agree that their advice in this
matter may be writt to ye Justices of Sussex County, according to
their Opinions, wch was y* they ought to have granted him an Appeal,
and that they Suspend the Execution of their Sentence till they hear
further from this board.
Ord83' That a Coppy of the Laws past the Last Gen" Assembly be
forthwith sent to ye Clarks of ye Respective Counties, in Order to
their publication.
Ord81 That two Comissions be drawne for Coroners, one for George
White, for y8 County of Bucks, an other for Thomas ffitzwater, for
the County of Philadelphia.
The Petition of Sam" Burbury was Read, Requesting ye Office of
Sherriff of Kent County, but y? board thought him not Capable.
Ordered That y8 Secretary take sufficient Security of y° Last
Sherriff, Comissionated for y8 true performance of his Office.
Adjourned till further Order. ,

At a Meeting of the Deputy Govern' and Provinciall Councill in the
Councill Room ,at Philadelphia the 18*b ofthe Tenth Mo., 1688,
present :
f Tho. Lloyd, -|
C— 1 ArthuTcnoeok; f ^p*7 Gov".
LJohn Eckley. \
John Bristow, Sam" Carpenter, Sam11 Richardson,
Joseph Growdon, Griffith Jones, Wm. Markham, Secre.
The Dep'7 Gov' and Councill having Yesterday Notice of the Ar
rivall here of Capt. John Blackwell, with a Comission for his being
Governour of this Province and Counties annexed, from the Proprie
tor and Gov', They mett this fforenoon to give him y8 opportunity of

PROVINCIAL COUNCIL. 185
Communicating y8 Same to them, the which being don, and ye Com
mission Read, it was unanimously acquiesced with.

MINUTES OF COUJTCIL.L,,
COMENCING DECEMBER y8 18th 1688.

At a Councill Then in y8 Councill room at Philadelphia.
present :
Capt. JOHN BLACKWELL, Gover'.
'Rob' Turner, Sam" Carpenter,
Members of , John Bristow, Grif. Jones,
Councill. | Jos. Growdon, Sam" Richardson,
.Arth. Cook, Wm. Markham, Sec"7.
An Order from y8 Councill Chamber at Whitehall was Read, bear
ing date y lO*" day of June, 1688, directed to y8 Proprietor & Gover",
willing & Requiring that Proclamation be made throughout his Go
vernm' to appoynt dayes for Solemn thanksgiving to Almighty God,
and other Publick Rejo'ycing, ffor his Inestimable blessing to his Maj'b
Kingdoms and Dominions, by y8 birth of a Prince.
It was Ordered that Proclamation be forthwith Issusd out to Each
County within this Governm' for y8 same, and that The day of So
lemnisation for The County of Philadelphia be on y8 26th Ins', and in
y8 Countys of Bucks, Chester, New Castle, Kent & Sussex, vpon y8
next ffirst day of y8 Week after y8 Publication, provided y8 said Publi
cation be Three days before the Solemnisation.
Order'd that y8 King's Proclamation For The more Effectuall Re
ducing & Suppressing of Pirates and Privateers in America, 'bearing
Date at Whitehall, y8 20"1 day of January, 1687-8, be forthwith pub
lished. Adjourned Tift ffurther Order.

16*

186 MINUTES OF THE
At The Councill-room in Philadelphia The 11* of y8 ll01 Mo.,
1688-9. The Gover' having given order for y8 Councill to meet this day,
There mett as ffolloweth :
JOHN BLACKWELL, Esq". Gov'.
Wm. Darvall, Sam11 Richardson, Wm. Markham, Sec"7.
Grif. Jones, Sam" Carpenter,
The w8b number not being Sufficient to proceed vpon business,
The Governour Appoynted the 14*° Ins*, at 9 in ye fforenoon, for their
Meeting, and in y8 meantime, that notice be given to as many of The
'Members as possible, that there maybe thsn a Sufficient number for
a Quorum.

At a Meeting of The Councill in the Councill-room at Philadel
phia, y8 14th of y8 11th Mo., 1688-9. PRESENT :
JOHN BLACKWELL, Esq"., Gover".
Rob' Turner, Sam" Richardson, Wm. Darvall,
Sam" Carpenter, Grif. Jones, Wm. Markham, Sec"7.
The Gover" Inquires for y8 blank Parchments, signed by y8 Chieff
Proprietor & Gover", and sent to y8 Presid' and members of y8 Pro
vinciall Councill, in a Letter bearing date y8 16th day ofy8 Sixth Mo.,
1684, for drawing vp an Instrument by wcbto Confirme & make as
valid all Pattents and Commissions that ought to be vnder y8 Great
Seal, as Lands, &c; Impowring of Thomas Lloyd Keeper of y8 Broad
Seal, to putt y8 said seal to it in their presence, &c, and what has
been don therevpon.
It was vpon Debate of y8 Question, resolved and Ordered, That
Sam" Carpenter & Wm. Markham wayte on y8 said Thomas Lloyd,
to Inquire after y8 aforesaid Blank Parchment, w88 was said to have
been Delivered to him, and if the same were in his Possession, to
Desire he will by Them send, or if he please, bring it to this board at
their next sitting, appoynted on ye next 5 th day of This week, at Tenn
ofy8 Clock in y8 fforenoon; and if he hath it not, to Desire he will In
forme them where and in whose hands y8 same is, and who last had it
ffrom him.
Vppon y Gover™ Reading a Coppy of a Lett' ffrom y8 Chief Pro
prietor & Gover', bearing date ye 6th of y8 4th Mo., 1687, Directed to
y8 5 Commiss'8 of State, wherein the Chieff Proprietor & Gov' ac
quainted them that he had little more to say to them then he had
Communcated of his mind already in a former Lett' by Ew" Black-
fan, w* Implyed the same Conteined matter of Publick Instruction
to y8 said Commiss™-
The Gover' moved This board to give Their advice whether it was
not necessary y8 said Lett' sent by Blackfan, should be produced to
him, he being Referred by his Commission to y8 Instructions and

PROVINCIAL COUNCIL. 187
Lett'8 sent both to y8 Presid & Councill, and to y" 5 Commiss™ of
State. It was vpon y8 Question, Resolved and ordered that ye afore
going minute touching the same, be givsn Likewise in Charge to
Sam Carpenter & Wm. Markham, to acquaint y8 said Thomas
Lloyd therewith, and to Desire if he hath that Lett' he will be pleased
to Impart it to y8 Gover", or if he have it not, that he will Informe in
whose hands it is.
The Gover1 moves y" Councill for their advice and Direction
whether all original! Letters & Instructions Relateing to y8 Governm',
Sent by y8 Chieff Propr' and Gover', Either to y8 Commiss™ of State,
or to y8 Presid' and Provinciall Councill, in whose hands soever they
Ly, ought not to be delivered into y" Custody of y8 Secretary : and
also, that such parts of other Letters to any of Them as Concerne
matter of Instruction as aforesaid, be "transcribed and Attested by y8
ffirst Commiss' of State therein named, or by y8 Presid', to y8 Prov11
Councill respectively, and Delivered to y8 Secretary, to Remaine in his
Office ffor Publick Direction, y8 Secretary giveing Rec*8 ffor y8 same :
y question being putt, it was Resolved in y8 affirmative, and Ordered
that The Keeper of y8 seal be acquainted with the same, as aforesaid,
and that his pomplyance therewith is desired by The Gover'.
Ordered That y8 Sherriffs of y8 Respective Countys within this
Province & Countys annexed, be sent to to acquaint their members
of Councill that, one of Them Successively Monthly give their attend
ance vpon y8 Gover', according to Law and Charter.
Adjourned till y8 17tb Ins', 9 in y8 forenoon.

At a Councill in The Councill Roome at Philadelphia yB 17th of ye
H'b month, 1688-9. PRESENT :
JOHN BLACKWELL, Esq., Gover".
Rob' Turner, Grif. Jones, Sam" Richardson,
Sam" Carpenter, Wm. Darvall, Wm. Markham, Sec"7.
The Keeper of y8 broad Seal, according to y8 minutes at last sitting,
brought y8 blank parchment and Layd it downe before y8 Gover' &
Councill, to be Disposed of as this board Should see meet.
As to y8 Letter sent from y8 Chief Proprietor & Gover1 by Edwd
Blackfan, directed to ye 5 Commissioners of State,
The Keeper permitted the Govrno' to Read some parts thereof, and
promised that a transcript of y' part, or so much of it as is Convenient
for y Gov™t Instruction, should be this day delivered to him.
As to y" Delivery of y8 Originall Letters or Instructions, or part of
Letters that Concern publick Instruction for y8 Government, y8 Keeper
Desired some time to have Conferrence first w,h y8 Rest of y8 Com
miss™ of State, and other members ofthe Provinciall Councill to whome
' they were respectively Directed, to have their Sense about it, and
would Returne their answer as Soon as he Could.

188 MINUTES OF THE
The Petition of Martha Moon was Read, w"1 y8 Coppy of her De-
cejsed husband's Will, wcb was, Referred to y8 Common Law.
The blank parchment a fore mentioned, left with this board by y*
Keeper, being of no present vse and Conceived unsafe to Remaine
in any hands as a blank, was by an Vnanimous Consent ofy8 Gover"
and Provinciall Councill, thought ffitt to be Cancelled. Resolved and
Ordered y8 Same to be Cancelled, and it was accordingly Cancelled
in their presence, by y8 hands of y8 Keeper.
Ordered that Two days in, a Week, viz: Every Second and ffifth
day, Shall be y8 days for y8 Sitting of y8 Councill, between nine &
tenn in y" forenoon, and that Speedy notice thereof be given by ye Se
cretary to y8 severall members ofy8 Provinciall ^ouncill, and that
they be desired to give their respective Attendance on y8 Gover', ac
cording to y8 Constitution and Laws in that behalfe.
The Gover' having sent a draft of Commission to y8 Keeper for au-
thoriseing Justices of y8 peace & holding County Courts ffor Phila- -
delphia, wifh his Warrant for passing y8 Same vnder y° Great Seale,
w811 was Returned vnto Him by y8 Keeper and produced and Read in
y8 Councill, together with the Keeper's answer made therevpqn, w8"
Imported his Refusall to pass y8 Same, The Gover' Declared he sbould
Issue Commissions in that fforme vnder y8 Lesser Seal, and Signifie y8
Same to y8 Proprietor, as not being Satisfyed w'° y8 Grounds of his
refusall, and proposed y8 names ofy8 persons therein named for Jus
tices to y8 Councill, to Know if they had any ground of Exceptions
against any of Them.
Adjorned till ye second Day of y" next week, being y8 21 Ins', at
9 of y8 Clock in y" forenoon.

At a Councill in y8 Councill Room at Philadelphia The 21tb ofy8
11"' month, 1688-9. PRESENT :
JOHN BLACKWELL, Esq'., Gover'.
Rob' Turner, Wm. Darvall, Griff. Jones,
Sam11 Carpenter, Sam" Richardson, Wm. Markham, Sec"7.
The Gover' Inquires whether y" Secretary, according to an Order
y8 Last Sitting of Councill, hath given notice to ye severall mem
bers of y8 Provincial! Councill that they were desired to give their Re
spective attendance on y8 Gover', according to y" Constitution and
Laws in that behalfe.
The Secretary answered that y8 Orders were all Ready written, but
for want of Opportunity and a Common Stock to defray y' Charge of
a messenger, they were not yett gon out: wherevpon Wm. Darvall
,& Griff. Jones, members of The Provinciall Councill, being to take a
jorney to y8 Southward, undertook Ths Care of That matter in y8 flour
•Counties, Viz': New Castle, Kent, Sussex and Chester.
The Gover" Enquireing by what Law or. warrant goods Came to be
transported out of This Province,. &c, to any other Countrys or parts,

PROVINCIAL COUNCIL. 189
Except to England, w8" seemed to him to be prohibited by y8 King's
Grant, Sam" Carpenter moved y8 pattent might be Read, w** was ac
cordingly don, and y" same being not Cleare to y8 board for giveing
resolution in y8 Case proposed, it was suggested that y8 Laws of
England allowed it, and it was y8 Common practice of all y8 Planta
tions. Some Clauses were read out of y" book Conteyning acts about Cus
toms, &c, w8" not Clearing it, the Gover' took The book w"1 him for
his pervsall, and that debate was referred, & adjorned to y8 next
Sitting of Councill.
adjorned Till y8 next fifth day, being y8 24°" Ins', 9 in y8 fore-
noon.

At a Councill in y8 Councill Room in Philadelphia the 24,b of
y 11 '"month, 1688-9. PRESENT :
JOHN BLACKWELL, Esq'., Gover'.
Rob' Turner, Sam" Richardson, Grif. Jones,
Sam" Carpenter, Wm. Darvall, Wm. Markham, Sec"7.
The Minute of Councill y' was Debated ye Last Sitting, touching
transportation, &c., was Reassumed, and after a ffull debate, it not
appearing very Clear that y8 King in his Charter had given Liberty
to this Province to transport y8 Merchandize that shall arrise by y8
ffruites and Commodities thereof,-to any Place unless to England, it
was Resolved &, Requested that yj Gover" represent to y8 Chieff Pro
prietor & Gover' y8 said Debate, in order to his Consideration.
Vpon y Reading of y8 Petition of Wm. Markham, Setting fforth
that one in Holland Drew a bill upon John Moll of New Castle Coun
ty, within this Government, payable to y8 Chief Proprietor & Gover',
and y8 said Moll was about alienateing or making ovsr his Estate, and
Leaveing the Provincs without payment of y8 said bill, or Security
given for y payment Thereof:
It was therefore Ordered, that y8 Attorny Gener" Draw vp an
Instrument to Stopp ffurther proceedings in that Court, and to trans-
mitt y Cause, with all their proceedings therein, to y8 Governour and
Provinciall Councill, there to be heard and Determined.
Adjorned till y8 next Second day, being y° 28"' Ins'., 9 in j^fore-

In y8 Councill Room at Philadelphia The 28*" of y8 ll'h Mo.,
1688-9. PRESENT :
JOHN BLACKWELL, Esq'., Gover".
Rob' Turner, Sam" Carpenter, Wm. Markham, Sec"7.
Sam" Richardson,

190 MINUTES OF THE
The Returne of y8 order of Councill, bearing date y8 14"1 Ins',
made by y8 Sherriff of Chester County, was this day read, giving an
acco' that he had Executed y8 same y8 27 Ins'.
ffor want of a Sufficient Number of y8 members of Councill they
Could not proceed vpon business of moment, w8" occasioned their
breaking vp to meet y8 next Councill day, being y8 31" Ins'., after Ex
pecting y8 members above two howers.

In The Councill Roome at Philadelphia The 3181 of y8ll Mo.,
1688-9. PRESENT :
JOHN BLACKWELL, Esq'., Gover'.
Rob' Turner, Sam" Carpenter, Wm. Markham, Sec"7.
Sam'1 Richardson, John Symcock,
There not being a Sufficient number of y° members of Councill to
proceed vpon business of moment, after about Two hours Staying
they br'oak up. Sam" Richardson, before they broak up, motion'd
that The order of This board that was granted at their Last Sitting
vpon y Petition of Wm. Markham, was Contrary to Law ; but vpon
Examination of Severall papers produced by y8 said Wm. Markham,
that opinion was Removed, and y8 Order allowed to proceed.

At a Councill in y8 Councill Roome at Philadelphia, y8 ffirst of y8
Twelveth month, 1688-9. PRESENT :
JOHN BLACKWELL, Esq'., Gover".
Rob' Turner, Sam" Carpenter, Barth. Coppock,
Sam" Richardson, John Symcock, Wm. Markham, Sec"7.
The Governo' Inquired if the Letters & Instructions mentioned in
y Order of This board Dated y8 14*b of H month, 1688-9, were
brought to y8 Secretary 's Office, according to y8 said Order ; w8" being
not done, It was Resolved and Ordered that y8 Secretary wayte on
y8 Keeper of y8 Great Seale to putt him in minde thereof, and to de
sire that he would take Care ye same be done before his going to New
York. The Kesper haveing acquainted y8 Gover' with his Intentions to goe
to New York some time y" next Week, the Gover8" Desired y8 advice
of this board whether it be not ffitt, before he goes out of this Province,
that he bring y8 broad Seale to this board, there to be left to be made
use off (if there shall be occasion) During his absence. It being putt
to y Vote, it was Resolved in y8 affirmative. Butt John Symcock, a
member of this board, Declareing his opinion y' y8 Keeper ought not

PROVINCIAL COUNCIL. 191
to abssnt himselfe from being in a Readyness to Discharge his great
Office & trust of y* Great Seale, & moveing and desireing for his and
others' Satisfaction, that a question might be putt whether ye Keeper
Should be permitted to depart out of This Province during the Time
he is Keeper of y* broad seale ; It was Resolved in ye affirmative, that
he might be permitted, he leaveing y8 Seale with this board, and that
y* Secretary acquaint him with these Resolves.
John Bristow, a member of This board for y County of Chester,.
being newly Come to Towne, Came into Councill.
The Gover" proposed to John Symcock, Jo" Bristow & Barth. Cop
pock, (members of y8 Provinciall Councill for y County of Chester,
being all present,) that they would agree amongst themselvss y8 order
and Course of their future attendance in Councill, and Signifie the
Same to y* Sscretary, to y8 End it might be Knowns whoms to Expect
on all occasions. John Symcock positively declared he would not at
tend that service any fturther, and left it vpon y" other two.
A Petition was Exhibited by Thomas Woollaston Complayningjr1 he
was Kept out of Posssssion of Some Estate of his: the Consideration
thereof was adjourned to y* next meeting in Councill, Viz : on y8 Se
cond day of the next Week, being y8 4"' Inst. Mo.

In y Councill Room at Philadelphia The 4*" ofy8 12 month, 1688-9.
present:
JOHN BLACKWELL, Esq'., Gover1.
Sam11 Carpsnter, Barth. Coppock, Wm. Markham, Ssc"7.
Sam" Richardson, John Bristow,
Not a Quorum at halfe an hour past Eleven, wherevpon they De
parted.

At a Councill in y8 Councill Roome at Philadslphia y8 7*" ofy8 12*
Mo., 1688-9. present :
JOHN BLACKWELL, Esq'., Govsr*.
Robt. Turner, Arth. Cook, Sam" Carpenter,
Sam" Richardson, Barth. Coppock, Wm. Markham, Sec",
The Secretary reported to this board y' according to their Order of
y ffirst Ins', hs had wayted on y8 Keepsr of y8 broad Seals, & ac
quainted him with y Two Resolves then past upon y8 Gover™
being informed by y8 Keeper of his Intentions touching his going to
New" York, and gave him a transcript of the Same Resolves, and that
thereupon y" Keeper Replyed that he would Returne his answer y8
next Time y8 Councill satt, Desireing the Secretary to give him notice
when that Should be, that he might attend them. Wherevpon the

192 MINUTES OF THE
board Ordered that notice Should be given him fforthwith, of Their
being mett in a flull Councill.
The Keeper bemg Come, was desired to sitt downe by y" Gover",
who acquainted him that y8 Secretary having Informed the board that
it was his Desire to Know of their meeting, in Order to his giving his
answer to y8 Resolves touching y8 Great Seal's Disposall in his ab
sence, & Desireing to Know what his Intentions were in that matter, he
said he had prepared a Paper to have left behinde him in Case y* Coun
cill had not Satt before his going, &c, which paper he offerred to their
Considsration, havsing that opportunity for it; and y8 Gover1 desireing
y8 Secretary might Read it. The Keeper Insinuating that there might
be some mistakes in y8 writing of it, w8" he had not had time to Cor
rect, it was proposed by y8 Gover1 that he might hays ffurthsr time, if
he pleased, to satisfy himselfe therein before it was Read ; to which
he answered he would Read it himselfe to y8 board, and accordingly read
the same;* Wherevpon y8 Gover' directed, if that were his answer,
that he would signe it & deliver it to y8 Secretary, to be Considered
in his absence, withall giving his opinion that it was in his apprehen
sion a high Reflecting vpon and arraigning y8 board, or Some of them,
& in a Libellous manner Chargeing them with unwarrantable practices
in their proceedings in that matter, Y'ett makeing a Distinction, as if
it had been the act of a prevaling party, w81 being debated and Con
sidered amongst themselves, it was at last agreed that he should be
acquainted that if he had any thing else to give in as his answer, he
had liberty, and might take his owne time to give it in. He desired
that might be Entred by y8 Secretary in y8 Same book where those
Resolves were w88 had been sent to him, w88 was Directed by y8
board to be don accordingly, and that y8 Secretary Should deliver him
a Coppy of it, as he also desired, w811 the Gover" told him he would
transmitt, together w*" what Else had passed, in writing, between v*
Keeper and himselfe, Submitting y8 whole to y8 Proprietor's Consider
ation. Vpon y8 Petion of Thomas Woolaston to y8 Gover' & Councill,
praying relief against a forceable Entry & Deteiner in y8 County of
New Castle, It was Resolved that a warrant be drawne, directed to
such Justice or Justices of y8 peace ffor that County Dwelling nearest
to y8 place where y8 fforce is alleaged, as he should apply to and Re
quest in that behalfe fforthwith to Repaire to the house and Lands in
his Petition mentioned, to View The said fforce, andffinding any, to
Remove the same ; and if they ffound none vpon their View, to Re
quire the Sherriff of y8 Said County to Returne a jury to Enquire
thereoff whether any was, and by whome made or Continued, & to
ffine and Imprison the offenders, & Therevpon to restore y8 quiett pos
session to y° Petitioner, and to make a Returne of The same to y*
Clark of The County Court, to be Entred in the Records of The said
County. The Petition of Rob' Turner, John Tissick, Thom. Budd, Rob' Ewer,
Sam" Carpenter, & John Ffuller, was read, setting forth their desione

* The paper alluded to will be found on page 193, marked {£?"•

PROVINCIAL COUNCIL. 193
in setting up a bank ffor money, &c., Requesting Incouragement
ffrom the Gover" & Councill ffor tbeir proceeding therein. The: said
Rob' Turner & Sam'1 Carpenter, two of The said Peti™, being present
& constituting y8 present Councill,. and besides whom there were but
four more present, The Gover" acquainted them that some things of
that nature had been proposed & Dedicated to y" proprietor, by himself,
some months since, out of New England, to which he believed he
should receive his answer by y8 ffirst Shipping hether out of England :
Yett withall acquainted them that he did Know no reason why they
might not give their personall bills to such as would take them as
money to pass, as merchants vsually did bills of Exchange, but that
it might be suspected that such as vsually Clipp'd or Coyn'd money,
would be apt to Counterfitt their bills, vnless more than ordinary
Care were taken to prevent it, which might be their Ruine, as well as
y8 people's that Should Deals with them.
05s" To The Present Governo" and members op the Pro
vinciall Councill.
THOMAS LLOYD, Keeper of the broad Seal, with due Regard pre-
senteth these following lines :
Vpon the pervsall of two Resolves passed by you in Councill y*
l*" Ins', & Delivered me by ord' this morning, (being the ffourth day
Since,) I am much Concerned that such an Entry, so destructive of
Right, and inconsistent with property, should be ffound vpon your
book. You have, as much as in you Lay, introduced an ill precedent
of disposeing Arbitrarily the most Eminent Estate for life as' yett de
clared in this Governm', and this was done the Cause vnheard :
Whereas, no ffreeman here ought to be Condemned or Concluded to
his wrong without his answer, provided he doth not wilfully absent
himselfe ; and ffurther, it is apparent by y8 Conclusion of your Order,
that it was not Intended by y8 wording of the same, that I should be
admitted to my Defence, but to be made only acquainted w'b your De
termination therein, and so to abide by it as an Irrevocable Sanction,
I might with a great Deal of reason, vnder the generous Constitution
of this Province, Sooner Expected a Confirmation of y8 Liberties of
Estates ffrom you then Such a proceedure, in no wise to bs Coun
tenanced. Your Seat is a high jurisdiction, and the higher it is the more just
and honourable ought its proceedings to be, and so give Examples of
Justice to Inferiour Courts. Violent Courses, and hasty, precipitate
Councells, will Slowly and meanly Commend y8 policy of their Au
thors : I wish for the -ffuture, that no Sinister designe, passion, or
male conduct may so Influance or hurry any of the Sincere minded
of you as to act unbecoming y8 wisdom and dignity of the place.
You have dealt vnkindly by me ; and not only so, but you have digged
Deepe, tho' vnawares, I am perswaded, to Severall of you, to lay a
foundation whereby to ground a misdemeanour against me vpon a Con
jectured non complyance with your Resolves, and this being a per
sonall matter, and of great moment, you have done by y8 Lesser
number, and that by Vote, being vnwarrantable by Law & Charter.
17

194 MINUTES OF THE
The duty of my place is to advise, and with you to Endeavour that
nothing be attempted by any person or persons here, to y8,Subver-
tion of y8 fframe of Governm' ; had you well understood & Considered
the matter before you, the Tenure of y8 Custody and y8 Station of
The Officer, I should notyhave been thus treated by you. My Re
quest is before I make my particular answer to two or Three posi
tions w8b might Lead into this act, That you Order Either the afore
said Resolves to be Raz'd out or Cross'd, in y8 Councill book, as being
such which are not to be drawne into Imitation, you disposing y8
Custody of y8 Seal without discoursing or giving Notice to y8 Keeper
to appear, who hath affixed Estate therein ; Otherwise, that this wri
ting may be Entred with you as a soft, Tho' sound memoriall, against
such an undue proceeding. I may say as vpon a fformer harsh and
hardly warrantable attainder of a person vnsought and vnsent ffor,
Auferat Obliujo Si potest si non ut cunque Silentiam togat. . Lett
such methods be covered with Silence or buryed in Oblivion. My
love to y8 Gover", people, and their Sincerity, hath made me Serve them
Chearfully Sometime. I have Endeavoured their good, tho' I might
ffayle in effecting of it. I may have witness in Some breasts, that I
have more injured myselfe and ffamily then any persons just Intrest
vnder my notice. I have been a great Drudge In my Sphere, but
not so abused an one afore. Be pleased to be tender of Right, and
lett not y8 Royall Law be forgotten, of doing vnto others as you
would have (Such) others doe vnto you. .
Philadelphia, The 4,b Ins'., 12 Mo., 1688-9.

In The Councill Room at Philadelphia The 11th of ye 12 mo.,
1688-9. PRESENT :
JOHN BLACKWELL, Esq"., Gover".
Arth. Cook, John Symcock, Wm. Markham, Secre.
Sam" Richardson,
The Gover' Stayed till halfe an hour past Eleven, and then no
more coming, lefty8 place & Directed y' notice be given of a Councill
ye next day, at 9 in the fforenoon.

At a Councill in The Councill Roome at Philadelphia y8 12*° 12
Mo., 1688-9. PRESENT I
JOHN BLACKWELL, Esq'., Gover".
John Symcock, Sam" Carpenter, Barth. Coppock,
Arth, Cook, Sam" Richardson, Wm. Markham, Sec"7.

PROVINCIAL COUNCIL. 195
The Gover" acquainted y8 Councill that he had Severall things to
propose w8b he judged worthy Consideration, & that he had used
means to have a due representative of y8 people attending there, ac
cording to y8 Charter, &c, but ffinding a ffaylor, desired y" advice of
y8 board Concerning that matter, for Remedy ffor y" ffuture, & pro
posed in order thereunto, that the question might be putt whether it
was not incumbent vpony8 members of y8 Prov" Councill Serveing for
y8 Respective Countys, that one out of Each County doe Constantly
attend ye Governo" in y8 affayrs ofy8 Governm*.
This question was debated, in y8 debate whereof most members
present Exprest themselves Satisfyed that there ought to be attend
ance given wherin necessity required, but some desireing time to Con
sider & advise about it, and others that y8 ffurther Consideration
thereof might be deferred till ye Coming ofy8 members vpon y8 next
Election, wch would be about 6 weeks hence, the season being Cold,
the Gover" adjorned to y8 next 5"' day, being ye 14*b Ins*.

At a Councill in y8 Councill Roome at Philadelphia y8 14th of y*
12 Mo., 1688-9. PRESENT :
JOHN BLACKWELL, Esq'., Gover".
Jo" Symcock, Pet' Alrichs, John Cann,
Sam" Richardson, Jos. Growdon, Sam" Carpenter,
Arth" Cook, Barth. Coppock, Wm. Markham, Sec*.
The minutes of y" Last Councill were Read over.
A paper ffrom y8 Keeper, Directed to y8 secretary, bearing date y
12*b Ins'., was Read at this board, it being an answer to y8 Resolves
and Order of Councill Dated y" 1° Inst.
Ordered that y8 said paper be Entred, w8*1 is as ffolloweth, viz ;
Secretary Markham.
The originall Letters sent ffrom our Gover" relating to this Go
vernm', have been Diligently perused and Considered by y8 Com
miss™, and wee Know of none which may be off Service ffor pre
sent Instruction, that are to be ffurther Communicated. Such of
Them which Conteine matter of Information or Direction, have been
Delivered to View and are transcribed allready; most of Them re-
mains in my Custody by the assent and approbation of Those to
whome they were primarily Directed.
THO. LLOYD.
Philadelphia 12*b12'b Mo., 1688-9.
The Govern' acquainted y8 Council* that in as much as they were
not pleased to give him their advice vpon his motion at the Last Coun
cill's meeting, he would not trouble them ffurther therein, but proposed
the Councill would give him their advice whether they did not judg
it 'ffitt for him to Expect y8 attendance of y8 Respective members of
Each County, as y8 Law and Charter Requires'; after much debate

196 MINUTES OF THE
Vpon that proposall, Divers ofy8 members haveing Exprest their dis
satisfaction to give their advice to the Gover' therein, Arth. Cook
moved ffor that the poverty of y" people, was so great as they were
not able to bear y" Charge of Constant attendance, as the Law and
Charter Required, Yett that the Gover' be desired y' y8 Execution of
it might be suspended for ye present, and y8 question being putt, viz':
whether the Gover" Should be desired to Suspend the Execution for
ye present? It passed in y8 affirmative, y8 Secretary only Dessenting.

Att a Councill in y8 Councill Room In Philadelphia y8 18^ of y'
I2lb Mo., 1688-9. PRESENT :
JOHN BLACKWELL, Esq"., Gover".
John Symcock, Sam" Richardson, Barth. Coppock,
Arthr Cook, John Cann, Rob' Turner,
Wm. Clark, Peter Alrichs, Wm. Markham, Sec17.
The Gover" Directed the Minutes of y8 Last Councill Should be
Read, w8" were Read.
The Gover" then directed that y8 Keeper's Originall papers to y°
Secretary Should be Read, vpon w84 y8 Gover" asked John Symcock
& Arth" Cook, two of y8 Commiss™ of State, whether they did owne
tnat paper as their S£2wer \ they replyed dcubtfvlly, jeferreing to y'
paper it selfe, w88 named none. Robert Turner, an Other of the said
Com™, coming in,. declared he Knew nothing of y8 paper, and dis
owned it ; wherevpon y8 Gover" Ordered his Commission to be Read
for the Satisfaction of y8 board, that he was Referred to y8 Instruc
tions Sent by y8 Proprietor & Chief Goyer" , as well to y8 Presid' &
Councill as to y8 ffive Com™ of State, which were to be his guide, and
Declared he thought it was necessary that he Should have either the
Originalls or true Coppys thereoff attested for his Guidance in y8 Go
vernm', and Directed also, that ye orders of y8 board fformerly made
in that behalfe might be Read. And vpon y8 Debate, ffinding some
persons at y8 board who where Concerned in those Instructions did
not think ffitt that y8 Originalls Should be Deposited with the, Secre
tary, as was directed, The Gover" Condescended y' in Stead of
Delivering in y8 Originalls, there might be true Coppyes transcribed
& Signed, viz'. : Such as were directed to y8 Presid & Councill to be
signed by y8 Presid'., and such as were directed to y8 Com™ of state
to be signed by any Three of them that were Concerned with him in
Those Commissions, and y8 same to be done for so much of other
Letters, '(wherein Private matters are Intermixed) as , Contains any
publick matter of Instruction, and that y8 said Coppys so attested, be
delivered in to y8 Gover' and Councill as Soone'as may be: vpon de
bate it was putt to y8 question and Resolved in y8 affirmative, N. C. D.
The Gover" then acquainted ye Councill that he ffound there was a

PROVINCIAL COUNCIL. 197
duty required of him by y8 acts for incouragem' of trade & naviga
tion, touching y8 transporting ofy8 Commoditys ofy" Country to Eng
land, or his Maj*8 other plantations, which he had at his ffirst Entrance,
vpon y8 Governm' Solemnly declared & promised to see duly Execu
ted according to y8 tenor ofy8 said acts, and desired y8 minutes of that
day's proceedings might be Read ; w81* being read, it appeared that
no notice was taken therein of his haveing so ingaged, but severall of
y8 members present remembring y' y8 Gov" had soe Solemnly In-
gaged, it was agreed y8 same should be added to y8 minutes of that
day's proceedings, w8" was y8 1 8th* day of y8 10 Mo., 1688.
The Gover" also then offered that if The Councill thought ffitt, he
would Solemnly Sweare to doe his vtmost for y8 punctuall observing
y said Acts, w811 was not thought necessary.
The Time drawing near for y8 Annuall Election of members for y"
Prov" Councill & Gen8" Assembly, the Gover" desired to be informed
by y8 Councill whether it were vsuall or needfull that any writts or
warrants should he Issued for Summoning the ffreemen for y' purpose,
or whether they Should meet of Course : it was Resolved there was
no need of writt or warrants, but their day would be observed of
Course. Wm. Clarke, a member of the Prov11 Councill for y8 County of
Sussex, acquainting the Councill that inasmuch as there were two
Elections to be made for that County, viz: one for y8 person that was
to goe off, and another ffor one that was Elected fformerly, but now
in England, he Conceived it necessary that an order should be Issued
for y8 Choosing one in his Roome who was absent. It was agreed an
Order Should be Issued to y8 Sheriff accordingly. The Gover" de
manding who was to Issue that Order, it was answered in y8 words
of y8 Law in that behalfe, The Proprietor and Gover" was to Issue it.
Two Petitions were proposed to be Read, but it being late, y8 Gover"
adjorned till to morrow, 9 ofy8 Clock in y8 fforenoon.

At a Councill in ye Councill Roome in Philadelphia y8 19"" ofy8 12
Mo., 1688-9.

JOHN BLACKWELL, Esq"., Gover".
Wm. Clark, Rob' Turner, Arth' Cook,
Jo" Cann, Sam" Richardson, Wm. Markham, Sec".
Pet. Alrichs, John Symcock,
Ths Gover' desired y8 Entrys vpon y8 Last Councill's minutes
should be Read ; they were Read accordingly.
TheGovsr' Directed ye Reading y8 Petitions presented at y8 riseing
of the last Councill, wherevpon the Petition of Adam Johnson was
Read ; the. Petitioner was Called, who Informing y8 Councill of y°

*Should be the 21st of the ll"1 Mo.
17*

198 MINUTES OF THE
danger he was in of his life from y8 thrsatenings of Pster Ludgar, and
that y8 same danger was Continued through y8 said parties being at
Liberty, Contrary to y 8 Judgment of y8 Court, The Sheriff of y eCounty
of Sussex, where y8 Robery was Committed, viz: ffrancis Cornewell
being informed to be in Towne was sent ffor, and demanded by y8
Gover' by what authority he permitted y8 said Pet' Ludgar to be at
Liberty. He said he was directed only to have the person ready at
y8 Court to answer, and that being don, he requested y8 Justices to
Declare what Should be don with him; some of them Expressed
themselves desirous to be rid of him, but gave him no Order to Keepe
him undsr Commitment, so he thought himselfe vnder no obligation
to detaine him. The Gover 'ordered him to withdraw.
Vppon debate of y8 rfact, and ye Sheriff's Suffering him to be at
Liberty, it was vnanimously agreed that y8 Sheriff deserved a Sharp
reproof for his neglect,, but it being y8 ffirst Complaint of this nature
against him, out of Their Indulgence they Thought ffitt not to ffine
him for it, Butt ordered that the sheriff doe forthwith apprehend The
Prisoner at- his Owne Charge, and that he Keepe him in y8 Common
Goale or VV ork house of y8 County where the Judgment passsd, there
to be held to Hard Labour, or otherwise, till y8 party agrieved be sa
tisfied, and that he Cause him to be Corrected with so many stripes as
by y8 Judgment ofy8 said Court was ordered, and that he see they
be well laid on. Wherewith the Sheriff was acquainted by y8 Gover",,
vpon Calling him in for y' purpose.
The Petition of ffrancis and Wm. Smith was Read, w8* being vnin-
telligibly Expressed,, but in y8 Generall Complained of wrong don by
y8 County Court, & Desireing Liberty to appeale, it was ord"1 that y8
Goaler of y8 County of Philadelphia doe bring y8 Petitioner in Custo
dy before this board at their next sitting, and that Charles Pickering,
ye Prosecutor, be ord8" to attend at that time, to Informe y8 board of
y° Case of the Pet' , (who seems not able to sett fforth y8 same,) to y8
End the board may give Reliefe, if the Case will admitt.
The Gover" acquainted y8 Councill that he thought it necessary
something should be speedily done about settling a Provinciall Court,
and that he ffound some things difficult therein by reason of y8 seve
rall Laws passed Concerning y8 same, and therefore moved them for
their advice vpon y8 said Laws, and that they should be Read, viz ¦ y8
157 Law, and y8 181 Law, y8 ffirst whereof was made during y8
Gover™ abode in this Province, the other since his departure for Eng
land. The ffirst referring it to y" Proprietor and Gover" to Commis
sion five persons vnder y8 broad seal. The Latter directed that Court
should be impowred by y8 Gover' and Provinciall Councill ; which
Latter seemed to be an incroachment upon y8 power of y8 Gover' re
served by y'8 Charter of Privileges, and being by a Law made in y8
Proprietor's absence ; (Contrary to his Intrest;) and for as much as
the Proprietor had by his Commission to y8 Presid & Councill, Limited
their power as to y8 passing of Laws of y' nature, and by his Instruc
tions since, bearing date y8 first of y8 Twelveth month, 1686, directed
that at the next Assembly Gen8" the Commissioners of state Should
declare his abrogation of all that had been done sines his abssnes, and

PROVINCIAL COUNCIL. 199
So of all y8 Laws but y8 ffundamentalls, which was said to have been
declared. It being also Considered that y8 ffirst Law required y
passing such Commission vnder y8 Great Seale, and in Case y8 Keeper
should not think fitt to affix the same by y8 Gover"8 Warrant, (on the
allegations expressed in his refusall to sett the said seal to y8 Commis
sions ffor Justices of y8 peace,) The Provinciall Judges might possibly
refuse to act vpon y8 Lesser Seal, and soe y8 Country would be desti
tute of y' Court for y8 administration of Justice in highest Causes, and
divers other Difficultyes arriseing vpon y8 debate thereoff, The Go
vernour desired y8 members of y8 Councill would seriously Consider
y8 matter, so as to be Ready to resolve him therein at y8 next pro-
posall of y8 same to their Consideration ; w8*1 being approved, The
Governo' adjourned y8 Councill till y8 next ffifth day, at the vsuall Hour
of meeting, being y8 21 Ins'.

At a Councill in the Councill Roome in Philadelphia y8 21 ofy8 12
Mo., 1688-9. PRESENT :
JOHN BLACKWELL, Esq'., Gover'.
Arth. Cook, Barth. Coppock, Robt. Turner,
John Symcock, Sam" Richardson, Wm. Markham, Sec*7.
Wm. Clark,
The proceedings ofy8 board at last Councill was read by ye Gover™
Direction. The Gover' Inquired whether y8 Sheriff of y8 County of Sussex had
seized the person who had been so long at Liberty.
Arth' Cook said y8 person had offered himselfe and promised he
would Yield himselfe rather then y8 Sheriff Should suffer, but was not
in Custody. \
Vpon w8" the Gover' moved the Sherife might be sent ffor and ffy-
ned for his neglect of doing his duty, being acquainted how danger
ous the person was, and that Adam Johnson, the person Complayning,
had declared he was in fear of his life. The Gover' also vpon what
was said y8 last day of y8 Councill's Sitting, Declared he neither
looked vpon himselfe nor any member of the Councill to be safe
ffrom mischief whilst so great a Villiane as he was sett fforth to be
had his Liberty.
It was alleged that some new Information, had been Received touch
ing y8 former tryall had against y8 prisoner, which tending to the ra
velling into y8 Resolutions of y8Last day's proceedings, when there
was a fuller Councill, y8 Gover' declared he was not satisfyed that
it was seasonable or proper to their present Consideration, or Rea
sonable that he should admitt thereof till he vnderstood that he was
in Custody, and that he look'd vpon the things that were offered as
y8 result of Councill's taken abroad, to wcb he should give no Coun
tenance. The Secretary acquainted the Gover' that y8 said Prisoner
had delivered him a Petition, and desired to Know whether he should
Read it. The Gover' said he would Receivs none till hs were in,

200 MINUTES OF THE
Custody, and then he would receive any, and againe dsclared the
Sheriff ought to bs ffyned for letting him have his Liberty.
The Gover' therevpon Called ffor y8 other business appoynted ffor
y day, but that not being ready, nor y8 persons present, he Caused
y8 act of settlement to be read, in order to the minding the board
of y8 Great Grace & ffavour of the Proprietor, &c. in y8 Grant of
the Charter of Privileges, and how gratefully they had received the
same, and how solemnly they had Ingagsd to obssrvs what was on
their parts to be done, inviolably, &c, and withall observsd to the
board, that sines then1 some laws had been passed in his prejudice, &
Contrary to the trust he had reposed in y8 Presid and Councill, &c,
which he should take an other flitting occasion to offer to their Con
sideration. ffrancis and Wm. Smith being brought in Custody by the Sheriff,
& Charles Pickering present, the Gover' ordered the Prisoners Peti
tion to be read ; and all y' y8 prisoners had to say against y8 Judg
ment ffor his Committment being that he had paid Intrest for y8 mo
ney for longer time than was yett Expired, it was made apeare that
what he had paid was by y8 Court deducted out of y8 principall
money adjudged against him ; and Charles Pickering offering on y"
behalfe of his Clyent to sett him at Liberty vpon giveing him Secu
rity for paying the debt, or makeing over y8 Land ffor w he was in
debted to that purpose; he refuseing to doe Either, the board remand
ed him back to y8 Goale : he Complayned he had no bed to lye on.
The Sheriff acquainted the board he might bring in his bedds to y8
prison if he pleased, and Should have thsm out with him vpon his
discharge. The board adjudged they saw no just Causs of Com
plaint. Adjorned till y" 2d day of y8 next week, 9 in y" fforenoon, being y8
25* Ins*.

At a Councill in the Councill Room at Philadelphia y8 25 of y8 12
Mo., 1688-9. PRESENT I
JOHN BLACKWELL, Esq'., Gover".
Artlr" Cook, Griff. Jones, Wm. Markham,
Wm. Clark, Sam" Richardson, Rob' Turner.
Wm. Darvall, Barth. Coppock,
The Gover" Directed y8 Reading y8 Entrys of y8 last Councill's pro
ceedings : they were accordingly read.
The Petition of Peter Ludagar presented to y8 board, was Proposed
to be read.
The Governo' Declared he was not satisfied to receivs any till he
vndsrstood Ludgar was in ths Sheriff's Custody, according to fformer
order, Especially for that his business had been Determined at a fformer

PROVINCIAL COUNCIL. 201
Councill. Some debate was touching y fformer proceedings of y8
Oounty Court, and some reflecting Expressions vpon y8 Resolve of
y Councill in that behalfe, which (though passed nemine contradi
cente) were of so high a nature, by Sam" Richardson, a member of
the Councill, as ye Gover' took exception against as vnbecoming any
member against y 8 Whole, the Governo' telling him he ought not to Suffer
it, and Reproveing him as haveing taken too great liberty to Carry it
vnbesesmingly & very provokeingly, Particularly Instancing in y8
said Sam" Richardsoii's fformer declareing at severall times, y' he did
not owne y" Gover' to be Gover", &c. ; to which he peremptorily re-
plyed he did not nor would, saying to him he was not Gover", and he
would Stand by it & make it good ; that Wm. Penn could not make a
Gover". Arthur Cook, in milder Expressions, Saying that Wm. Penn
can make a Gover" is a Scruple to me. All others declaring against
that opinion. Sam" Richardson still persisted in denying y8 Gover" ;
wherevpon y8 Gover" mooved, since he was so peremptory in repeat
ing it, with such heat, that he might be ordered to withdraw till y8 Coun
cill should debate it. He replyed, I will not withdraw, I was not
brought hsthsr by Thee, & I will not goe out by thy order ; I was sent
by y" people, and thou'hast no power to putt me out. The Gover"
said he Could not sitt there to Suffer y8 Chief Gover™ power to be so ar
raigned and questioned, & himselfe so Contemned, & Desired the
members would severally declare themselves whether they Judged it
their duty to owne him by the stile of Gover" or not. All the rest of
y" members declared themselves offended with his words and Car
riage, only Arthur Cook againe said he did believe that Gover1 Penn
Cannot make a Gover", but a Deputy Gover", but desired he might
Explains himselfe, & said He so judged in his Conscience & would
be vnderstood to think & spsak modestly, disapproverng & Censuring
Sam" Richardson's Carriage. Wherevpon y8 members at y8 board de
clared severally that they judged it meet the said Sam" Richardson
Should withdraw till they ffurther debated y8 matter, Wherevpon he
went fforth, declaring he Cared not whether ever he sat there more
againe, &c.
Ths Gover1 moved they would give their Opinion whether y8 words
Spoaken & Carriage of y8 said Sa. Richardson were not vnworthy &
vnbecoming a membsr of Councill to y8 Gover' ; w* was Carrysd in
y affirmativs, and that hs ought to acknowledg his offence, and pro
mise more respect and heed for y" ffuture, before he be allowed to Sitt
againe in Councill; He then moved y8 Councill would give their
opinion whether he Should bs Called in & acquainted therewith, which
was agreed, but he was gon away.
The Sheriff of y8 County of Sussex being come, was Called in and
demanded whether Peter Ludgar were in his Custody, according to
y8 fformer Order ; he answered he was. He was then Charged with
y8 Custody of him, to be answerable for him.
The said Ludgar's Petion was then read.
It was moved y' there might be a hearing ofy8 Case, & perticular
ly whether y8 judgment passed against him by y8 County Court were
Reversed, and vpon what grounds, by y8 Provinciall Court. Two

202 MINUTES OF THE
Coppys of y" Record of y8 Prov" Court were prpduced for proofe of
its being reversed, but they differed much from Each othsr, and in one
of them 'twas alleaged to have been Reversed vpon Information of one
person (only);' that y8 jury that past vpon y8 tryall did not all agree,
which was not Judged a Sufficient ground for reversall against matter
of Record, as y" verdict was : it was alleaged that it was also Referred
back to y8 County Court for a Rehearing ; that y8 County Court ad
hered to their fformer judgment, hayeing so ffarr honoured y8 Prov"
Court's order as to Examine all those who had been of y8 jury, who
all owned they had agreed their verdict. But the Copys of the Re
cord of the Prov" Court's Proceedings differing, it was moved by
Arthur Cooky' y8 originall Record & Entry should be forthwith brought
before y8 Gover" and Councill, ffor y8 Clearing that doubt.
One of The members of The Councill was desired to goe to David
Lloyd, y8 Clark of y8 Prov" Court, who was also a Deputy or Clark
to y Mast" of y8 Rolls, and Clark of y8 County Court of Philadel
phia, to Require him fforthwith to attend y8 Councill, and to bring with
him y8 Originall Records of y8 Proceedings of y8 Prov" Court.
He Came to y8 Councill, and being acquainted by y8 Gover" that
there was occasion to see y8 said Originall Records, he asked in what
Case : y8 Gover" told him all that hapned since his haveing that Im-
ployment of Clark of y8 Prov" Court: he answered, tbey were not
recorded otherwise then in a quire of paper. He was Required to
bring them as they were. He Refused it, saying you may Command
the Judges, and y8 Judges might Order him, & other Slight and Scorn-
full Expressions he vsed. He was therevpon ordered to withdraw.
This was adjudged a high Contempt in y8 said Da. Lloyd, and ffor
that and other vnseemly and Slighting Expressions of his to y Go
ver" and Councill, It was Resolved that y8 said David Lloyd is vnfitt
to be. allowed for a Clark or public Officer off Record in any Court
vnder this Governm', and that he stand Discharged therefrom till
vpon acknowledgment of his offence, and giveing the Councill sa
tisfaction, The Gover" shall think ffitt to Commission him againe : this
was declared to him by y8 Gover".
The Sheriff of Sussex County was Called in & acquainted that y8
board saw no Cause to give any relief vpon Ludgar's Petition, and was
Required to Keepe y8 said Ludgar safe prisoner, and to performey8 order
ofy8 fformer Court vpon y8 judgment given against him by y8 County
Court. The Gover' adjorned till to morrow morning.

At a Councill in The Gover" Lodgings, held in the house of Griff
Jones, in Philadelphia, the 24*" of y8 12th month, 1688-9.
PRESENT :
JOHN BLACKWELL, Esq"., Gover".
Rob' Turner Griff. Jones, Sam" Carpenter,
Arth. Cook, Wm. Clark, Wm. Markham, Secre.
Wm. Darvall, Sam" Richardson,

PROVINCIAL COUNCIL. 203
The Gov" haveing notice of severall Rumours spread abroad in
this town, &c, touching an Invasion made in England by y8 Prince
of Orange, and Battelle fought there, w8" were occasioned by y° Rep-
port of Zach. Whitpain, who came lately from England, and arrived
here in this town about midle night last, Directed that all y" members
of the Councill present in towne should be forthwith assembled, in
order to y8 Examination of y8 said Zach. Whitpaine; who having
given a Genall narrative thereof, The Gover" Caused the same to be
Comitted to writing, & him, the said Zach. to be deposed to the truth
thereof, wcb is as followeth, viz'. :
That he Came out of London the 10*b or 12" of xbre last, in a Shipp
Called y8 Mary, John Harris Master, but before he Came thence y"
Prince of Orange appeared with a ffleet of Shipps on y° Northern
parts of England, and Coasted there about 3 or 4 days, during wcB
time y8 King Issued out his Order for his Army to draw that way.
That on y8 5 of 9ber y8 Prince of Orange Landed with an army of
about thirty Thousand foot and about six thousand horse, in Turbay,
Transported by a ffleet of 75 shipps of War, tenn fyre Shipps, 500
flyboates, 60 pinks : That the army remained about Exeter about
three Weeks, in w88 time y8 King remanded his army from ye north
towards Salsbury, and the King went to them there and stayed about
a week, then y° King returned to London and Ordered his army to
march thither : That they had an Ingagement with the Prince of
Orange's forces. Divers of y8 King's party deserted him and went
over to the Prince of Orange. The fight was about Redding, where
ths King Lost about 2500 men, and the Prince about 1500, about y8
13*° of xber: about y8 17th the King Endevouring to goe for francs
with Sir Edwd Hayles, was taken at ffeversham in a fishing Shallope,
who had put there to take in Ballast, y8 King disguised as S" Edwd
Hales's man. After ye King was taken he was Carryed to my Lord
Huntinton's house, and y8 next day to Canterbury, whither y8 Exami-
nant went-fem deal to have seen him, but y8 King was gon thence y'
morning Early, 'before y8 Examinant gott thither, the King being
Conducted in his owne Coaches, and with his owne and y8 Prince
of Orange's Guard to London (they being sent on purpose for y' ser
vice,) but whether y8 King was at London or no the Examinant Could
not say, but that when y8 Exam' sayled out ofthe Downes, w* was y8
23 of x ber. the King was at Rochester, under Guard. That the King
before his goeing away from London, went to y8 Tower, and sent
for his Secretafys and the Lord May", and there delivered up the
Tower into the hands of y8 City : the City upon that appointed the
Lord Dumbarton to be Leif thereof till further order, and y° Ham-
letts to Guard it. That y8 Public affayres at the Exam'. Coming from
England, were manniged by seven Sprituall & seven Temporall Lords,
and they had set forth a Proclamation for the Disbanding ofthe King's
forces, and Disarmeing them, paying them for their armes. The Ex-
amin*. ffurther says, that he heard that y8 Castle & City of Dublin, in
Ireland, was Delivered to the Protestant Party, under the Command
of the Lord Enchiqueen, who seised the King's Leif. while he satt in
Councill : And further, that he saw in a Letter from Ireland that there

204 MINUTES OF THE
had been a massacre made by the Papists upon the Protestants, ai
that two Thousand, or two hundred, were murdered; the ffiguri
being blotted, he Could not Justly tell which number it were!.
S ZECHARIATH WHITPAINE.

**

At a Councill in The Councill-roome at Philadelphia y8 26 ofy8 12
Mo., 1688-9. PRESENT :
JOHN BLACKWELL, Esq'., Gover'.
Wm. Clark, *" Griff. Jones, Rob' Turner,
Arth. Cook, Barth. Coppock, Wm. Markham, Sec!7.
Wm. Dervall,
The Gover' ordered y8 Entrys of y8 last day's proceedings might
be read.
Bsing read, Arthur Cook excepted against y8 Entry of what he had
Spoaken about y8 Governo™ not haveing power to make a Gover", and
affirmed he added the words [he believed so,] w8*1 words were allowed
to be added.
Griff. Jones Declared he thought David Lloyd's miscarriage was
not ffully expressed, for that it was omitted to Enter y' he was twice
sent ffor; wcb was allowed to be so, and that it should be amended, and
that y said David Lloyd declared he questioned whether this board
had power to Command y8 TAecords to be brought before them.
Rob' Turner also declared he remembered that he did question their
authority. The Secretary also, that he remembred the same. Vppon
w8", it was allowed those Expressions Should be added in y8 Entrys,
as y8 ffarther Evidence of his Contemning their Authority.
M". Clark moved, on y8 behalfe of the Sheriff of Sussex County,
y' he might have assistance ffor y8 Carrying his prisoner. The Go
ver" sayd it was proper ffor himselfe to Petition it if he wanted it.
The order being that he Should Carry him at his owne Charge.
Ths Gover" mooved that y8 Debate touching y8 setlinga Prov" Court,
w8"1 he had proposed the 19 Ins', might be Reassumed, and told them
that there seemed to him to be some difficulty therein, w* he hoped
they haveing had so long Time of Consideration, we're ready to re
solve ; And therevpon Directed ye Entry es of y8 said day's proceed
ings & Debates might be read, and proposed y' every one would
Speak his.minde about it, (y8 members Declareing they Judged there
was an absolute necessity of it, it being informed by Wm. Clark that
there were severall appeals ffrom other Courts.) It was Resolved
vpon ye Question, y' aCommission shouldbe Issued for y8 Authoriseing
& Appointing a Provinciall Court according to Law. It passed in
y8 Affirmative, Nemine Contradicente. It was then debated vpon w8*1
Law it should be grounded, Some inclyning to have it vpon y8 157
Law, Some vpon 181.

PROVINCIAL COUNCIL. 205
Vpon diligent pervseing both y8 said Laws, M". Clark observed that
he Conceived it Could not be vpon y' Latter Law, (though hs had
been before of that opinion,) ffor that by y8 Said Law it s said y°
Judges Should hold Courts at Philadelphia, y8 24*° of y8 next Seventh
month, and y8 tenth of y8 Second month ffollowing, and not Yearly,
but as if it were only intended ffor tnSse two days in that year, whereas
y8 157 Law Directed y8 said Court Should Sitt twice every year, and
Every ffall and Spring yearly.
And for that y8 Latter Law was in Detriment of The Proprietor's
Right by his Pattent ffrom y8 King, to appoynt and Commissionate all
officers, and Could not have his Consent given by those whom he In
trusted vith his power, by reason of y8 limitation of y8 Power, of ye
Commissign ; And also, that it would be an Invading his prerogative
granted- by y8 King & Reserved by his Charter of Privileges to y"
ffreemen (at least) during his life, and bring y° Charter itselfe in
question. As also for y' by y8 former law, w8" was passed whilst y8 Proprie
tor was present in the Country, It was Enacted that there Should be
five Prov" Judges appoynted by the Gover", under y8 Great Seale, &c,
y wcl1 act is verbatim as ffolloweth :
That there shall be five Prov11 Judges appoynted by the Gover",
vnder y8 great seale of this Province, w Judges, or any three of them,
Shall be a Prov" Court, and Sitt twice every year, in y8 Towne of
Philadelphia, and any two of them at least, shall Every ffall and
Spring Yearly, go their Circutes into Every respective County of this
Province <te Territorys, and there hold a Provinc" Court, which
Court, whether ffixed or Circular, Shall have the hearing and deter
mining of all appeals ffrom Inferiour Courts ; also, alltryalls of tytleS
of Lands, and all Causes, as well Criminall as Civill, both in Law
and Equity, not Determinable by y8 Respective County Courts, any
thing in this or any other act or Law of This Province or Territorys
to y8 Contrary, in any wise notwithstanding.
It was proposed y8 members would give their Opinions whether this
question Should be putt, viz : Whether they were of opinion that there
should be five persons named in y8 Commission to be a Prov" Court, ac
cording to y8 157 Law? After some debate thereoff, Arth. Cook pro
posed that y8 Late president might be sent for to giv,e his advice: that
was not judged needfull, The Law being so plaine. Arth. Cook then
Departed out of Councill, desireing his motion might be Entred as his
dissent. This question was then putt, viz': as many as are of opinion that
there be ffive persons named in y8 Commission ffor Prov" Judges, ac
cording to y 157 law, declare your assent by standing up : it was
Carryed in y8 Affirmative, Nemine Contradicente.
"The Gover" then tendred for their advice a forme of Com
mission w8b he had prepared ffor that purpose, wcb was Read once
throughout, and afterwards in parts; Some alterations were proposed
& agresd to, and y8 Question putt, viz : As many as are of opinion
18

206 MINUTES OF THE
that the fforme of Commission now read, with y8 amendm*" & altera
tions made vpon y8 debate, Shall be y8 fforms to be Issued ffor y8 Au-
thoriseing ofy8 Judges ffor y8 Prov" Court, lett them declare themselves '
by Standing up: it was agreed in y8 Affirmative, Nemine Contradi
cente ; and therevpon, Resolved that y6 same be sent to y8 Keeper of
y8 broad seale, with warr' of y8 Gover1 to putt the great seal thereto.
The Gover" not satisfied with y8 behaviour of. y8 high Sheriffe of y8
County of Sussex, proposed some other might be named by some of
y members present, ffor as much as himselfe was wholly a stranger
there. Wherevpon Wm. Rodeney was nominated by Wm. Clark, and Re
commended by Griff. Jones & Wm. Darvall, as the ffittest person they
Could think off ffor y8 present.
The Gover' desired the members would not ffayle to Keep their
next day of meeting of y8 Councill, viz : the 2&m Ins', at nine in y8
fforenoon, acquainting them that he thought then to allow some time
of Recesse ffor y8 members repayring into their severall Countys, in
order to ye takeing Care of Elections, &c. '

At a Councill in y8 Councill Roome at Philadelphia y8 28*b 12
Mo., 1688-9. present:
JOHN BLACKWELL, Esq'. Gover'.
Wm. Clark, Griff. Jones, Arth. Cook,
Rob' Turner,. Barth. Coppock, Wm. Markham, Sec"
Wm. Darvall,
The Gover' ordered y8 Reading over y8 Entrys of y8 last Councill's
Proceedings. Vpon reading whereof he observed there was a blank leafs ofy8
book of Entrys, and enquired y8 reason thereof. The Secretary an
swered it was left ffor y8 Entry ofy8proceedingsofy8Councill vpony'
ffirst day of that week,' being y8 day wherein y8 Tydings of affayres
in England was brought by Zachary Whitpaine. The Gover' direct-
ed-They should be Entred.
The Secretary acquainted y8 board that he had Carried y8 Draught
of Commission past by y8 advice of the Councill for appoynting Pro
vinciall Judges to y8 Keeper of the broad Seal that night, and had
acquainted y6 Keeper y' he was desired to have it ready at ye Coun
cill at their next Sitting : he was ord81 to goe to ye Keeper to ffetch it
to y8 Gover".
Vppon his Returne he acquainted the board that he had Spoaken "
with y8 Keeper, who told him he was going forth to a Sick person,
but that his answer was Conteyned in a Lett' to him, (y8 said secre
tary,) which he Intended to have sent. The Gover' Directed y8 Su
perscription might be read, won was as ffolloweth : (ffor my respected
ffriend Secretary Markham, in Councell, These:) afterwards y8 Letter

PROVINCIAL COUNCIL. 207
it selfe, w81" was as ffolloweth, viz: Secretary, The warr' w80 1 received
ffrom thee y8 26th Ins*, in order to y8 passing lett™ Pattents vnd' y*
broad seal, for Constituting of 5 Provin" Judges, haveing duly Consid
ered the same, I doe apprehend y8 Instrument d d" * vnto me, to be
in no wise proper for y" said seale ; and as to y8 Draught of y*
Commission it selfe, it seems to be more moulded by ffancy, then
fformed by law : The Style insecure, y8 powers vnwarrantable, and
y8 Duration not Consonant to y8 Continuance of y8 Laws vpon w8b
it Should be Grounded; ffor w8" Reasons, and other manifestations, I
Cannot without Violation of y8 trust reposed in me, lett the same pass
vnder y8 seale in my Custody. THO. LLOYD, Keeper.
Philadelphia, fridie Calend. lm 1688-m', 9.
The Gover' Excepted ag' y8 same, as very vnbecoming any person
without doors to vse such Expressions Concerning the Gover' as that
of ffancy, &c. , it haveing also past in Councill ; also, so ffar to ques
tion their authority as to deny to doe his duty in a Case of that lmer-
gency. The Gover' Desired Every member of y8 board would deliver
his minde, and give him advice therein. Divers Spake to it, as judg
ing it a Contempt of that Court's authority, and ofthe Prop™ Authority
ffrom y8 King's Charter to y8 Gover'; others that it was not an an
swer, to w* y8 secretary affirmed he gave it as his answer.
After long debate aboutit, and Every one haveing Spoaken his minde,
y8 Gover' desireing an Issue might be putt thereto, proposed this question,
viz : whether the board did Judg that Letter, or any thing therein Con-
tayned to be a Sufficient ground ffor ye Keeper's refusall to sett The
broad Seale to y8 said Commission? w80 being Spoaken to, It was Re
solved in y8 negative, by five of ye seven members present, viz : all
but Arth. Cook & Barth. Coppock.
Resolved that this board doth Judg y8 Keeper's letter to y8 Secre
tary, or any thing therein Conteyned, was not a sufficient ground ffor
y Keeper's refusall to sett y8 broad seale to y" Commission sent to
him for y' purpose by y8 Gover".
The Gover' then proposed ffor advice by way of Expedient, and
to y8 end y8 publick service and Justice might not be neglected,
whether it may be ffitt to Require y8 Keeper to bring y8 said Com
mission and broarl seale to the board, & ffor y8 Gover' to sett the
same to y8 Commission, in his and their presence, and then to .re
turne the same to him, there appearing no other way whereby y8 ap-
peales to that Court Could be heard, and y8 whole Country would
then be disappoynted and putt to great Charges.
The opinion of y8 members agreeing that it was not advisable ffor
y8 Gover' to doe what appertayned to y8 Keeper, and Arth. Cook's
reason being that that were as if a man should borrow a swoard of
an other to Kill a man. The Gover' told him that was uncomely to
Compare the board's orders to a murtherers action : in Conclusion,
it was Judged and Resolved ffitt rather to lett the thing alone ffor him
to answer his refusall, and that if the Keeper refuse to doe his duty,
* delivered.

208 MINUTES OF THE
it was ffitt he should be Called to acco' ffor it, to which only two per- "
sons Dissented, viz : Arth. Cook, & Barth. Coppock, which was y8
Issue of that debate for that time.
The Gover1 acquainted y8 board that David Lloyd, then County
Clark of Philadelphia, haveing not made any submission or acknowl
edgment of his offence, as was ordered, there was a necessity some
other person should be Commissionsd, tbe County Court being to sitt
in a ffew dayes, and that it was not ffitt to Suffer such Contempts of
authority as began too ffrequentt, through y8 Continuance of a Coun
cill without doors, &c, And that therefore he Should grant a Com
mission to Some other ffitt person, and desired that y8 members at y8
board would advise him who was y8 fittest person to Succeed him therein.
James Claypoole was named by y8 Secretary, seconded by Griff.
Jones, Rob'' Turner & Wm. Darvall, and it was said he had been
some time a Clark to y8 Assembly: the Gover' moved ffor their advice
about y8 County Seal and Records, that they would be necessary to
be in a Readyness at y8 Sitting of y8 Court, and that Therefore, what
had been done formerly for The disposing y8 said seal and Records
when y8 said David Lloyd was made Clark, might be Read : vpon y8
question, It was Resolved that y8 like order as had fformerly past for
y8 Disposeing y8 said seale & Records, when y8 said David Lloyd was
made Clark, (mutatis mutandis,) Should be in this Case ssnt ffor the
Delivering the same vp to y8 secretary, or y8 said James Claypoole;
Arth. Cook and Barth. Coppock only dissenting.
Vpon Rob' Turner's motion about y8 setting out the way from the
flails to Philadelphia, andDeclareing y8Dammage the Country received
by persons Carrying their Corne to Birlinton, &c, by reason of y8
badness of ye way to Come to Philadelphia markstt, occasioned by
many persons Turning the vsuall Road out through their Inclosures,
Contrary to a fformer ordet of y8 board, and that it ought to be don
by the Survey' Gene", or his Deputy, with y8 assistance of some of
y8 justices of y8 County of Philadelphia and Bucks ; It was agreed
that the Survey' Gene", or his deputy, attend this board, to shew
Cause why y8 same was not done, and to give his opinion Concern
ing it, what he Conceives is ffitt to be don therin.
Woollaston attending to Complaine the order of this board Con
cerning y8 fforceable Detaynare was not Executed ; but y8 board being
also Informed that y8 justices, or some of Them, were Expected here,
that matter was deferred ffor next Councill, on y8 2 day of y8 next
week. The Gover' Declared. that ffrom hencefforward vntill the time of
y8 meeting of y8 whole number of Provin" Councill, he should dis-
pence with Each other weekly day of Keeping Councill, and that y8
ordinary day of meeting Should be on the 2d day of Each week,
y8 mean while, vnless he judged there were an Extraordinary occa
sion requiring other days of meeting besides that.
The County Court of New Castle being by adjornment appoynted
to be on y8 next day after y" Election of members for Prov" Councill
and Assembly, and severall Causes being to be heard there, wherein

PROVINCIAL COUNCIL. 209
persons of other Countyes were Concerned, whose Duty it was to at
tend their owne County Elections, w8h might Continue two or Three
days, it was therefore thought meet y' y" said County Court of New
Castle be Directed to Adjorne the Causes of Such persons for a Con
venient time, not vnder two days ; wcb Being putt to y8 Question, it
was Resolved in the affirmative, Nemine Contradicente.

At a Meeting in y8 Councill Roome in Philadelphia the ffirst of The
ffirst month, 1688-9. present :
JOHN BLACKWELL, Esq'., Gover".
Wm. Clark, Griff. Jones, Wm. Markham, Sec"7.
Wm. Darvall, Sam" Carpenter,
The Gover' haveing Recd Instructions ffrom The Chief Proprietor
and Gover", Caused notice to be given to all y8 members in Towne to
Convene in y8 Councill room at y8 tenth hour, in order to Communi
cate such parts of y8 said Instructions as were requisite.
The Gover" Came, Stayed about Two hours, yett had not a Suffi
cient number ffor a Councill, notwithstanding The Secretary person
ally gave notice thereof to Arth. Cook and John Symcock, who told
him they did not Intend to be there.

At a Meeting of The Councill in The Councill room at Philadel
phia y 4'" of y8 first month, 1688-9. present:
JO° BLACKWELL, Esq". Gov".
Rob'- Turner, Wm. Clark, Arthur Cook,
Griff. Jones, Sam" Carpenter, Wm. Markham, Sec"'.
Wm. Darvall,
The Gover" ord8"0 the Entrys of The last day's proceedings in Coun
cill Should be read : they were read accordingly.
The Gover" acquainted y8 Councill that since their last meeting he
had Received Instructions fromy8 Chief Gover', dated y8 24a of 7ber,
1688, wherein, amongst other things, he was pleased to direct that
y8 murtherous woman's sentence should proceed, y8 Case being noto
rious & barbarous.
In ord' to y8 Councill's proceeding therein, y8 Gover' Directed y8
Secretary to turne to y8 place in his book wherein the minutes touch
ing y8 reprieve granted was Entred, to y8 End they might know
whence it arose.
It appeared to be granted vpon the Petition of John Richardson,
brother to y" murtherer, wcb Petition was Read. It appeared also that
a sentence of Death had passed vpon her in a Provinc" Court held in
18*

210 MINUTES OF THE
y8 County of Kent, where y8 ffact was Committed, and that the sd
Prov" Court was Duly Authorised by ye Then Presid* and Councill,,
by Commission vnd the Lesser seale, dated y82d of y82d month, 1687.
Vppon Consideration of The Petition, &c, It was ordered by the
Presid* & Councill y8 19th of y8 3d Mo., 1688, that y8 Sheriff Should
suspend y8 Execution till ffurther order vpon the whole matter : it was
ordered by y8 Gover1 and Councill, The secretary only Dessenting,
that ye said order of Suspention be of no ffurther fforce, and y' y8
Sheriff of y8 said County of Kent doe Cause Execution to be done ac
cording to y8 tenor of ye Judgment past by y8 Provinciall Court,, and .
that y8 day ffor doeing thereoff be on y8 fifteenth day of This present
ffirst month, commonly Called March, and that M". Clark be desired
to take Care that y8 ord' ff'or Execution be delivered to y8 Sheriff ffor
y' purpose.The Secretary read a letter ffrom John White, Clark of y8 County
Court of New Castle, w'b y8 Coppy of a paper sent by him ffrom
Edvyd Blake, Jo" fforalt, and Charles Rumsey, Justices of y8 peace of
y said County, Certifieing some proceedings by them had vpon a
fformer order of y8 Gover' & Councill, about Viewing and remove-
ing y8 fforceable Entry and Deteiner made on the house and land of
Tho. Woollaston, in y° said County, y8 possession whereof had been
formerly given to y8 said Woollaston, persuant to a Decretall order
of y8 Provin" Judges, by y8 Sheriff of y8 said County, and since againe
taken ffrom him, as by his Petition to the Gover" and Council! and
their said order, referrence being therevnto had may appeare..
The said paper being read, it appeared that in Stead of Executing
y8 said order, the Jury was by y8 Justices affirmed to have given in ffor
their virdict that Wee Jurers of Enquirie doe ffinde that there was a
fforceable Entry Committed by Edwd Gibbs, high Sheriff of New
Castle, and Richard Reynolds, his Deputy, vpon the house of John
Gramton, about y8 Latter End of y8 Last Eight month, Called Octo
ber, 1688. HUGH MARSHLAND, fforeman.
This was judged by y8- board to be a great affront and Contempt
of their authority; but what remedy-might be given did not occurre to
y8 board, it being properly remidableby y8 Prov" Court, w8" the Keep
er had refused to authorise vnder y8 great seale, as he had been or
dered to doe.
Many things were Spoaken by way of Grievance that y8 Gove' and
Councill should be so obstructed in their remedying such Complaynts
and y8 ffurther debate of y8 matter taken vp. "
, Some declareing y8 Keeper's refusall was a misbehavior in his office,
and tending very much to y8 hurt & Dammage ofy8 people ofy8 Pro
vince; y* it was dishonourable to y8 Government, and gives occasion
to others to slight Governm' and authority. That they thought it
was to no purpose ffor them to give their attendance in Councill if they
Should be by such means hindred of doing Justice to y8 people,
and that they were weary of such attendances vpon such obstruc
tions, &c.

PROVINCIAL COUNCIL. 211
Wm. Clark moved y* Keeper might be spoken with, to see if he
would give any other answer, w^1 was Seconded & Thirded.
The Gover' named Wm. Clark, The Secretary, & Sam11 Carpen
ter, to attend y8 Keeper to see if any Expedient can be found for
preventing ffurther heats arriseing vpon such occasions, who were
to report their proceedings to y8 Gover' and Councill tomorrow morn
ing, by seven of the Clock, all y8 members of Councill now present
premiseing to meet at that Time to Receive the same.
adjorned accordingly.

At a Councill in the Councill Roome at Philadelphia, y8 5th day of
the l8' month, 1688-9. PRESENT :
JOHN BLACKWELL, Esq'., Gover'.
Wm. Clark, Sam11 Carpenter, Rob' Turner,
Wm. Darvall, Griff. Jones, Wm. Markham, Secre.
The Gover 'ordered y8 Secret51 to read y*Entrye of last Councill's
proceedings. They were reade.
The Gover' took Exceptions at y8 Entering y8 Secretary's dissent
in y8 body of y8 order touching y8 Execution of the Murtherer, -w*
was struck out with a pen, & the Secref allowed to enter his dissent
thereto in the Entry of this day's proceeding, if he thought it need-
full. The Gover1 also tooke Exceptions to the brief Entry of M'. White's
Letter, & y8 Justices returne from New Castle, & by directions of y8
board they were ordered to be entred verbatim, at large, which were
as followeth:
To the Honb18 the Gov' and Provinciall Councill of y8 Province of
Pensilvania & Territories, Gent.
I Received a certain Paper from Edward Blake, John fforat &
Charles Rumsey, Justices: for the County of New Castle, wcb I was
commanded to Record, and to send a Coppy thereof to the Gover1 &
Council- In obedience to their commands, I have here inclosed a true
Coppy of the originall, w81 is all I have in charge at this time.
from, ©ent., your humble servant, JOHN WHITE.
New-castle, vltimo, ffebruary 1688-9.
The Gover" Directed that the Comittee Ordered yesterday to attend
the Presid', to see if there were anything could be done by way of
Expedient for preventing further strifes & heats, would Report the
issue of their proceeding therein with him.
Wm. Clark Reported, That pursuant to the said Order, they went
to y8 Keeper & let him to understand that it was the Order of the
Gover" & Councill that they should go to him to ask if he would give-

212 MINUTES OF THE
any further answer to y8 Refusal] of puting the broad Seale to the
Commission for Provinciall Judges ; to which the Keeper answered,
That he thought that w8"1 he had givsn in answer in writing was
sufficient; And that if y8 Gover' & Councill did not look upon it to be
so, if they did not approve of it, if they pleased to signify their mindes
in writing wherin it was insufficient, he would giye his answer
to them againe in writing. This was agreed by the Comittee sent to
be the substance of the Kseper's answer in words, as near as they
could remember. '•*
The Gover' declared he did not think it was their work to dialogize
w*b any man without dores, and desired the severall members of
Councill would give their opinions upon it, whether The Keeper's
dealing with the board herin in that matter did not argue contempt of
their authority.
Griffith Jones was troubled that the Gover" and whole Province
should be so wholly obstructed from doing Justice : That y8 Keeper by
these dealings is the Ruler, & not the Gover' & Councill : That he
would have been glad the Keeper had complyed with that which tended
to the doing Justice in the Countrey, But that by this he perceives if
the Keeper lay his hand & say Thus farr you shall go & no further,
to the obstructing all Justice, we must sitt still, &c. This is the way
to Create animosityes <5z making partyes ; this ought not to be suffer
ed; It is not well, &c. : That he judged the Keeper is answerable to
the Gover7 & Countrey for this misdemeanor, and offered to be one of
them that should charge him to make answer for it; and said, if the
Keeper be thus suffered, 'tis to no purpose for us to spend our time in
sitting & giving Councill here, &c.
Wm. Clark. Some things were difficult to us in the former debates
concerning the Comission, Viz' : I was doubtfull upon which Law the
Commission should be grounded : much was to be said on both sides.
He could be willing there might be a right understanding that we
might not be put to y8 Extremity & severity.
The Gover' minded him of the issue the former debates had brought
that matter to already: That it was fully agreed That the later law
was fulfilled ; that it did infringe the Gover™ Authority; (w8*1 he had
reserved out of their power by his Commission to them ;) That ther-
fore it fell of it selfe. That ths former Law was cleare, viz: direct
ing the.Court to be settled yearly. That the Gover' had in his Charter
Reserved the sole power of nominating & Comissioning officers to
himselfe during his life, and appeald to M'. Clark, &c, whether all
those things had not been largely debated & resolved.
Wm. Clark Owned that the latter Law did infringe upon the Go
ver™ Prerogatives ; He acknowledged what the Gover' said, & sayd
I see there is a necessity to make use of the authority of this board
Griff: Jones. It is the King's authority that is opposed, & lookes to
me as if it were a raysing a force to Rebel}.
Robert Turner said he never saw such shufling in matters of mo
ment in his dayes: as to hearing the Keeper farther, if he had any
thing that scrupled him in matter of Law, he should have answer'd
those things upon the application of the Comittee to him, And he

PROVINCIAL COUNCIL. 2i'S
should have givsn his advics to thsm. But It appeares we have two
Gover™ & two Councills : One within and another Without. Our
words & doings are carryed abroad, & come to be debated by some
(among ourselves) with another Gover', & thereby the mindes of
some persons are altered from what thsjc have declared & moved here,
(before they were influenced by those Councells,) so that We cannot
proceed, which is neither for the quiet of the people nor honour of the
Governor. Severall members moved the Qusstion might be put upon ths
whols, which was thus proposed by the Gover', Viz :
Whether upon the debate of the Keeper's answer & other passages
of Contempt offering themselves upon this debate, they did not judge
the Keeper to have highly misdemeaned himselfe in his office of
Keeper of the broad Seale, in refusing to perfect the Commission
sent him for Provinciall Judges, under the broad seale, (It was Re
solved in the affirmative, Sam" Carpenter only dissenting,) Viz : that
they did Judge he had highly misdemeaned himselfe in his said
office thereby, &c. v
After passing this vote Arth. Cook came into the Councill.
A paper was delivered in to the Gover' & Councill by Ja. Clay
poole, appoynted Clerk of the County of Philadelphia, inform
ing the Board, That David Lloyd refused to deliver up the books, &c.
of y8 said County Court, w8"1 y8 Gover" & Councill had ordered, Ex
pressing that Tho. Lloyd had ordered him not to deliver ths same.
The tenor of which is as followeth, Viz:
To the Honb18 John Blackwell, Esq'., Gover'., &c, & Councill.
Wheras, by a precept from the Govsr' & Councill, I was ^comand-
ed to Receive of David Lloyd the Records, papers & Seal relating to-
the Clark's office, and belonging to the Court of the County of Phila
delphia, in obedience whereunto, upon y8 Reception thereof, I in
formed the said David Lloyd, & delivered it to him, who promised
from tims to tims to delivsr up the same into my hands, arid this morn
ing denyed to perform his promiss, but gave me in answer that
Thomas Lloyd had ordered the contrary, without whose leave he
would deliver up nothing. JA: CLAYPOOLE.
Philadelphia, 5'h Is' Mo., 1688-9.
The said Da. Lloyd was sent for to come to y8 Gover" & Councill,
then sitting. Being come, The Gover" demanded of him if he had
read the Order of that board for delivering up the papers, Records,
Seals, &c. belonging to the County Court, in his Custody, to
James Claypoole, appoynted to succeeds him in that imployment.
He answered, yes, he had received a Coppy of such an order.
The Gov' asked him by whom y' s'1 order was signed.
He answsrd , he did not remember.
The Gover' asked if it had not a seale set to it.
He answerd yes.
The Gover" asked if his (viz : the Gover") hand was not sett to it-
He answered yes..

214 MINUTES OF THE
The Gover" asked whethsr he had delivered the same accordingly.
He answerd no.
And then produced a paper Commission, under the hand & private
seale of Thomas Lloyd, diited the Is' of y8 Is' Mo., 1689, ofthe tenor
following, which the Gover' ordered to be read :
PHILADELPHIA, By authority of Letters Pattent, under the Broad seal
^J2£j^ . °f ^is Province, Granted unto me by The Proprietarie &
•$f|«fe- Gover', I doe hereby Constitute & appoint thee my Deputy
J*\ in the office of the Rolls & Publique Records for the Coun-
j^* ty of Philadelphia, & for the Entring of all Judgments of
Courts, publique Proceedings of Justice, Legal Cases &
of all other Instruments w8b are by Law to be inrolled & Recorded,
& to take such Fees therefore as are Provided : And for y8 Better
Enabling thee to Discharge the said Place, I doe Jure Officy as Keep
er & M". of the Rolls, nominate thee Clarke of the Peace, & also
Gierke to the Justices For y8 said County, & to act therein according
to Law & uncontrolled usage. Given at Philadelphia, the first day
ofthe Is' mo., A. D. 1689.
THO : LLOYD, Keeper, & Mr. of the Rolls.
To my Trusty Friend, Efcvid Lloyd:
The Gover" demanded whether he would observe the order of the
Board. He answered He would deliver up what was in his Custody either
to the Secretary or to the said Ja: Claypoole that day.
The Gover' ordered him to withdraw ; and desired the board
would give their opinion touching his answer.
The Board Resolved that they were satisfyed in his answer, That
, he would deliver them up according to their former order.
The Gover' then againe Ordered y8 said Commission underthehand
& seale of the Keeper should be read, Which was read accordingly.
The Gover" desired their advice & opinion whether that act of his
were not a high presumption & usurpation upon the Gover™ authority,'"'
Declaring he did not doubt but that he might make a Deputy as Mas
ter of the Roles, for doing what appertayned to that office ; but to
make a Clerk ofthe peace to y8 Justices, & Clerk to y8 County Court,
he Excepted against as having no President, The Disposing of all
offices being by the Chiefe Gover' reserved to himselfe for his life.
This was some time debated, with great trouble that the Keeper
should so misdemean himselfe, divers attesting they had not knowne
such a thing done before ; After which this Question was put :
As many as are of opinion that this Commission produced by D.
Lloyd, signed by Tho. Lloyd, & sealed with his owne private seale,
(as farr as appeared to them,) dated y8 Is* of y8 lBt mo., 1689, nam
ing & Commissioning David Lloyd to be Clerk to the Justices &
County Court, as therin is Exprest, is a high usurpation upon the
Gover™ authority, declare yourselves in the affirmative by rising up
from your seates. All the members present (Except Arth. Cook &
Sam Carpenter) arose upon the affirmative. M'. Carpenter declare-
mg he did not understand it, yet sayd he did not justify Tho. Lloyd.

PROVINCIAL COUNCIL. 215
The Gover' proposed to the board to'give him their advice concern
ing the disposall of the said Commission, or returning to D. Lloyd.
The Question being put, viz : *
As many as are of opinion That this Commission remayne with
the Secretary, to be used as the Gover' & Councill shall think fitt,
Declare yourselves in the affirmative by rising up from your seates.
All the members present arose. (Except the said Arth. CrJok & Sam"
Carpenter.) Adjorned till 4 of the Clock in the afternoone.

AFTERNOONE OF THE SAME DAY.
. The same persons present.
The Reason of the adjornment being to be informed whether David
Lloyd should that day deliver up the Records, papers, & Seale of the
County Court, according as he had promised , It was Reported that he
made no scruple to do it, & had done it in part ; Whereupon the Go
vern' adjourned till the next second day of y8 weeke, Viz : to y8 ll'n
of y8 Is' month, according to former order.

At a Councill held at New Castle (one of y8 Countyes annexed to
y Province of Pensilvania) the 13 and 14th days of y8 first month,
commonly called March, 1688-9. present:
JOHN BLACKWELL, Esq'., Gover'.
Peter Alrichs, John Symcock, Rob' Turner,
John Cann, John Bristow, Griff. Jones,
John Dehayes, Barth. Coppock, Wm. Markham, Secre.
The Gover' acquainted the Councill that he was come thither on
purpose to indeavor a setleing of those differences that had been oc
casioned in y' County by the proceedings had in the case betweene
John Grantham & Thomas Wollaston ; which had already caused a
great deale of trouble to that board sitting at Philadelphia, And as
previous and in order to their better proceeding therin, The Gover'
Enquired whether the order past in the Provinciall Councill for re
storing Wollaston to his possession had been observed by the Justices,
M'. Cann answered it had, & was Recorded.
The Gover1 Ordered it should be read. It was read accordingly.
Wollaston was callen in and demanded whether he had possession
delivered to him according to y8 Councill's order. He owned he had
the possession delivered to him, And sayd he did not question but he
had the possession still, and moved That Consideration might be had
of the Charges he had been at, &c.
The Question was putt whether the Returne made by ths Justices

216 MINUTES OF THE
was sufficient, which was carryed in the affirmativs, Nemine contra-
dicete. The Gover' being informed That Grantham's Wife was attending
with a Petition, she was called in & delivered her petition, w80 was as
followeth, Viz':
To the Honb18 John Blackwell, Esq'., Gover", & Councill of the
Province of Pensilvania and Countys annexsd, in Amsrica.
The humble Petition of John Grantum sheweth :
Wheras, your Petitioner for near three years past hath been Ex
cluded and kept out of his Just right and privsledges, by ths fores of
certain decrees and Orders surreptitionsly obtained by Thomas
Wollaston, and forcibly executed on your said Petitioner, his
land and Plantation, contrary to the fundamentall laws of this
Government, all which your Petitioner is greviously oppressed in,
almost to the impoverishment of himselfe & family, therefore
earnestly intreats your honours will be pleased to have a rehearing of
the matter, that Justice may flow in its due channell, whereby the
oppression your Petitioner lyeth under will not only be removed, but
your Petitioner restored to his former absolute right and estate ; and
your Petitioner as in duty bound, shall ever pray, &c.
In behalfe of my husband,
EL'LENAR GRINNTEN.
Which being read in the hearing of Wollaston, the Gover' asked
him whether he had any thing to say against what was desired by the
Petitioner. Wollaston tenderd a Copy of the proceedings by ths ¦ Provinciall .
Judges, signed Da : Lloyd, & Cur. pr. diet.
Granthum also produced the Copy ofthe proceedings by the Coun
ty Court, in which the Judgment was first given, signed John Whitte,
Clark. Both w8" contayning the whole matter of fact, with an account of
the proceedings had therupon.
The Secretary produced the following addresse and desire of the
ffreemen of the Province & Terrytorys in Assembly mett, That the
Gover' & Prov11 Councill would be pleased to Command That the De
cree and actions in that case, with all y8 Causes & matters thereupon
depending, might be heard before them, as the supreams Judo-es of this
Governm' which is as followeth :
The ffreemen of the Province and Territorys in Assembly mett, '
being duly informed of a certain decree past by Arth. Cook and John
Symcock, Provinciall Judges, at their Sessions held at Philadelphia on
y8 tenth day of the second month, 1688, betweene Thomas Wollas
ton and John Grantum, w8" appear to this Assembly to be not only
very seveere, but the cause alsoe seems ushsrdin ths said Provinciall
Court, contrary to any known law, or without consent of ons of ths
Partys, and the sayd John Grantum complaining of great wrong &
Injustice Sustained, the ffreemen in Assembly mett, in behalf of
themselves and all the ffreemen of this Proyince and Territorys doe
humbly desire that the Gover' and Provinciall Councill would be
pleased to comand the said Dscree and action, with all the causes

PROVINCIAL COUNCIL. 217
and matters thereupon dspsnding, may bs heard before them as the
supreame Judges of this Governm', whereby right may be done, to
the honour of God, the peace and prosperity of this Province & Ter
ritorys. JOHN WHITE, Speaker.
Which being read and particularly considered by the board, Each
of y partyes concerned being admitted to cleare matters as they could,
& declaring themselves on both parts willing y' the Gover' & Councill
should put an end to the differences between them ; The Justices also
of that County, & John Symcock, one of the Provinciall Judges,
(then present,) desiring the same.
It appeared to the Board that the said Tho. Wollaston acknowledged
a judgement in the County Court for the sum of 261b. 15sh. good &
lawfull money, justly due de owing by him upon a bond to y8 sayd
John Grantum, w* Cost of suit, to be payd in current money, or wheat
at money price current.
That the County Court Ordered Judgement to be enterd therupon,
and granted Execution accordingly ; That the Sheriffs, pursuant ther-
unto, seized the uppermost halfe of the said Wollaston's lands, & had
them appraysed & delivered upon sale by an Out crye, to y8 sayd
Grintham, for 301b. & lOsh. & gave him possession therof; That
neither y8 sayd money, nor wheat in lieu therof, was payd.
That what the Provinciall Judges did decrss & ordsr in this matter
was not done virtute officy, but as reserves upon bonds enterd into
by both partyes.
And that the non payment ofthe debt, with Costs, was ye occasion
of all that great expence that y8 said Gramton had been put unto, w80
arose through the said Wollaston default, and many other things being
controverted between them, wherein they could not agree, they were
caused to withdraw ; and upon the Question put, It was Rssolved &
agreed, (nemine contradicente,) Viz':
1st. That the debt due to Grimtham was not satisfyed by the sayd
Wollaston before the Sheriff's sale of ths Land to Grantham.
2. That there was no just ground of Exceptions to bs taksn against
y8 procsedings of the County Court in their judgement.
3. That ths Order made by ths Provinciall Judgss for giving or re
storing possession of y8 Land to Wollaston, was not intended to be
Executed till the debt & damages were satisfyed; which y8 sayd John
Symcock declared upon this hearing.
Wherupon, both partyes being called in, & indeavours used with
both of them to agree the matter between themselves, &, some pro
posalls made for that purpose, Wollaston declared he had better be
without the land than pay 301b. lOsh. for it, and that he could not
pay, or give security to Grantham to pay the money to his satisfaction.
On y8 other hand, Grantham refusing to take the negro for his
money, (w88 was the cause of the debt,) & refusing to Grant longer
time & complayning of their being undon by the vast Expences Wol
laston had put them to, (which occurred to the Gover' & Councill to
be the sayd Wollaston's faylor,) and that the said Wollaston had Recd
severall years use & benefit of the Negro; wheras, Gramton was
out of his money all that while. 19

218 MINUTES OF THE
It was upon the whole matter, Resolved, Ordered & adjudged,
That Gramton be confirmed in y8 sale of y8 Lands made to him by
the Sheriffe, as aforesayd, at y8 rate of 301b. lOsh., and that he be also
allowed the sum of 10lb., at which a certaine parcell of come grow
ing on the sayd Land, & taken off by Grantham Whitest he had pos
session, had been valued, and that this should be in full of all de
mands of him, the sayd Grantham, from him, the sayd Wollaston, both
debt, damages & Charges :
And that the Sheriffe of the sayd County of New Castle, (at the
request of the sayd Grantham,) should be required to restore & give
unto him, the said Gramton, the quiet & peaceable possession of the
sayd Lands, to hold to him, y8 sayd Gramton, his heyrs & assigns for
ever ; Any thing in any former order of this board conteyned to y
Contrary notwithstanding:
That this be the finall conclusion & judgement of this board in that
case; And that this Order shall be to the sayd Sheriffe a sufficient
warrant in that behalfe.
John White, Clerk of the sayd County of New Castle, beirtg com-
playned of by some of the Justices of the sayd County as one who had
greatly misbehaved himselfe in his carriage towards the Justices, and
so provoked them as that divers of them were discouraged in' their
serving the Governm' in that Station, & for that cause had resolved,
against acting therin ; and having Hkewise recorded a returne made
by three of them to y8 Gover' and Councill, which he acknowledged
he knew to be fundamentally erronious for want of a date, and
boasted that he knew it to be so before he enterd it, & y' he did not ac
quaint the Justices thereof, & yet did it with intent that he might be
even with them for finding fault with a defective transcript he had
made, intimating (as appeared by attestation of James Claypoole)
that all advantages against an enemy were fayre, which in effect he"
acknowledged, saying he would not Lye, he had not acted as a
Christian therin, but rather blamed others for taking offence therat
than himselfe for giving it.
The Question being put, it was resolved :
That that carriage of his in recording, the sayd Returne with that
intent declared by him, was a misdemeanor in his office, & argued
him unfitt to be trusted with the Custody of Records any longer.
He being called in, was acquainted therewith & his Commission
declared voyd.
Consideration being had ofthe Erroniousnesse ofthe sayd Returne
so entred, It was Resolved :
Thaty8 sayd Record, so entred by him, should be cancelled in the
County book, & was accordingly cancelled at the board, in presence
of y8 Justices.
Resolved that the Entry of the same erronious returne made in the
book of the Provinc11 Councill's orders & proceedings, should also be
cancelled, & was accordingly cancelled at y8 board, by the Secre.
The Gover' produced a Letter delivered to his servant by Tho.
Lloyd, the 8*" of March, 1688-9, directed for Governor Black-
well, signed Tho. Lloyd, Arthur Cook, for Jo" Simcocks, dated

PROVINCIAL COUNCIL. 219
Philad. 7th 1" Mo., 1689, which he shewed to y° said John Simcock
in the prsence of the Councill, & asked whether he owned that to be
his hand.
He answerd, No : & Being askd whether he were on y8 sayd 7'" of
y8 sayd month in y" sayd towne of Philadelphia ;
He answered he was not in Philadelphia since y8 2d day of the
sayd month.
He sayd also, he knew nothing of it, nor had he given Tho. Lloyd
any allowance to sett his hand to any thing in his absence.
The Gover' Enquired of John Simcock, John Bristow, & Barth.
Coppock, whether they had not read a Commission for Justices, &
holding a County Court for the County of Chester. John Symcock
answerd they had. He then told them that he understood upon the
Road as he came through Chester, that they, with other persons
named for Justices in the sayd Commission of the peace, had not pub
lished their Comission, nor subscribed & ingaged fidelity as by Law
was required before they Executed their sayd office. Also, neither
had the Sheriffe of the County either publishd or owned his Com
mission or authority, whereby they had brought in Question all their
actings & proceedings in their County Court, and that the Sheriffe
had renderd himselfe incapable of making returnes ofthe Elections
of Provinciall Councillors and Assembly members, and proposed it
to their Consideration that some thing might be done to prevent the
inconveniences that might arise by such iregular actings, which had
brought them into a premunire.
Upon debate therof, it was thought advisable and agreed that a
Generall Sessions should be called ; that the Comissions should be
published, & and the actions done since the Vacating their former
Commission, be confirmed by renewed orders made in the County
Court, where & when the ffreeholders shall be for that purpose su-
mond & assembled, and that the same be grounded on an unwilling
faylor & error in their proceedings.
Which they promised should be done accordingly. The Govsr"
declaring that should be satisfactory to him, he being willing to be-
leeve that what was done was not in contempt of authority, as he had
feared.

Philadelphia y8 25*b of y8 ffirst month, 1689, in y" Councill
Roome. present :
JOHN BLACKWELL, Esq'., Gover':
John Symcock, Barth. Coppock, John Bristow,
Rob' Turner, Sam" Carpenter, Wm. Markham, Sec™.
Grif. Jones,
The Gover" Directed y8 Sec"7 to read y Entry of The proceedings
of yd Councill at New Castle.

220 MINUTES OF THE -
The said proceedings being' read, Barth. Coppock remembred y' it
had been affirmed that y8 Justices of Chester had Subscribed y8 in
gagement of ffeidelity to y8 Proprietor, required by Law, w8" was also
remembred by John Bristow, Rob' Turner & Griff. Jones ; and y8 said
subscription being produced, dated y8 5*b day of y8 ffirst month, (w80
was y8 ffirst day of y8 County Court's Sitting,) y8 same was ordered
to be amended accordingly, &c. i
Thomas Lloyd Came into y8 Councill Roome, andy8 Gover" asking
him if he had any thing to say to the board, He answered that he
was Come to pressnt himsslfe as y" Law required, w'bin twsnty days
after Election.
The Gover" told him he knew nothing of it : There was no re
turne made thereoff by y8 Shsriff.
Tho. Lloyd replysd thsrs was no need of his returns, asy8 Gover'
would fluids if hs look'd into y8 Charter, &c.
Ths Gover" tould him he Could take no notice of any Election till
due returne be made, and therefore if he had nothing Else to offer to
y8 board, desired him not to Interrupt their proceedings ; they were
Entred vpon a matter of another Consideration. Thomas LlOyd said,
He vnderstood some thing had been moved about y8 adding y" Welsh
towns or tracts to the County of Chsster, and if any Such thing were
proposed desired they might be heard.
The Gover' told him no such thing was yet brought before Them ;
But that if any such thing were wherein it should be found requisite
to hear them, they Should have notice thereoff.*
adjorned till 3 in ye afternoon.
POST MERIDIAN.
Present as in y8 fforenoon.
The Secretary produced a Petition ffrom severall Justices and In
habitants of y8 County of Chester, directed to y8 Gover' and Councill.
The Gover' asked by whome Subscribed : 'twas answered by none.
He replyed He should not receive it without a Subscription : it was
delivered to y8 persons who attended about it. They Subscribed it.
The Gover" then directed it to be read : it was read ; y8 Coppy
Thereoff ffolloweth. (viz :)
To JOHN BLACKWELL, Esq'., Gover", and the Provinc" Coun
cill of Pennsylvania, &c.
The Humble Petition of y8 Justices of Chester County, in the ¦
behalfe of themselves and Inhabitants of y8 said County, Sheweth :
That whereas, y8 said County is but of a Small tract of Land, not
above 9 miles Square, 6z but Thinly seated, whereby y8 said County
is not able to Support the Charge thereoff; Vppon our humble Request
to The Proprietor & Gover", and his Serious Consideration of our
weak Condition, was pleased out of Compassion to vs, to grant an
Enlargement of y8 same, in manner ffollowing, viz : to runn vp ffrom
Delaware River, along darby millCrssk, y8 severall Courses thereoff,
vntill they took in Radnor and Herford Townshipps ; Then downe to
y8 Skoolkill ; Then vpwards along the severall Coursss thsreoff, with
out Liramitt.

PROVINCIAL COUNCIL. 221
Therefore, wee humbly pray you will be pleased to Confirme y8 said
bounds, whereby the County of Chester may be in some mea
sure able to defray their necessary Charge, and wee Shall, as in
duty bound, &c.
It was signedby Jo" Blunston, Tho. Brassie, Rand" Vernon, Caleb
Peusey, Tho. Vsher.
The Gover" Demanded ofy8 Petitioners how they would make out
their alligations.
They began to relate some passages w^ had passed ffrom y8 Pro
prietor about settling the bounds of y8 County of Chester.
The Gover" Directed them to withdraw, and putt what they had to
say and Could depose into writeing : they went fforth and brought in
their severall attestations ffollowing, w'* were read, viz :
I, John Blunstone, as in relation to y8 Devision of Chester County
ffrom Philadelphia, doe thus testifie, that a ffew days before Gover"
Penn left this Province, that vpon y8 bank, by John Simcock's house,
I moved him to Deside this matter that had been so long Discoursed,
who then, before me and Others, did Declare that y8 bounds Should
thus runn ffrom the mouth of Bow Creek to Mill Creek, w811 should be
y° bounds vntill it come to y* Land of Herford, and then to take in the
Townds of Herford & Rudnor ; from thence to the Skoolkill, and
take in his mannour of Springtowne, by w1* our Pattents Holds : then
I asked him if he would be pleased to give it vnder his hand,, to avoyde
ffurther Trouble, who answered he would, if any of vs would Come
the next day to Philadelphia in order therevnto : one was sent, but
what then obstructed I am not certaine, but y'y8 Gover" Departed about
two days after: was signed JOHN BLUNSTON.
Randall Vernon sayeth, that some time since Wm. Howell of Har
ford, Signified vnto me, and gave it vnder his owne hand, y' some
time after they there Settled that he asked y8 Gover" to what County
they Should be joyned or belong vnto, & The Gover" was pleased to
answer him that they must belong to Chester County : was signed
R., the mark of Rand" Vernon.
Our Proprietor and Gover being pleased to grant to me a Commis
sion to be Sheriff of The County of Chester, was pleased some time
after to Express himselfe to me to this purpose : Thomas, I perceive
that the Skoolkill Creek Comes or runs so vpon the back of Phila
delphia, that it makes y8 City almost an Island, so that a Robbery or
the like may be there Committed and y8 offender gitt over y 8 Creek and
so Escape for want of due persute, &c, therefore, I intend that y8
bounds of Philadelphia County Shall Come about 3 or flour miles on
this side of the Skoolkill, and I would not have thee to take notice or
to oppose that Sheriff in y8 Execution of his office, about Kingses, or
the like, but I intend to Enlarge this County downewards to Brandy-
wine : assertained by me, THOMAS VSHER.
Some of the members ofthe Prov" Councill asserted the Substance
thereof, and that y8 same was agreeable with the mapp of the Pro
vince. The Survey' Gene*- Deputy was sent for, who showed the bounds
of the County ffrom the mapp, and being asked by y8 Gover' by what
19*

222 MINUTES OF THE
order it was sett out, answered it was so ordered by y8 Gover' & Pro
vinciall Councill, as would appear by y8 Coppy of y8 minutes of their
proceedings, w8" he produced.
The Gover' Directed that the minutes themselves might be serched,
& Compareing the same Coppy with the Entry, ffound them agree in
Substance. 'Twas observed by y8 Gover1 and Councill thaty8 mapp of The Pro
vince was the work of Thomas Holme, Survey' Gene11; that it was
dedicated to y8 Proprietor by y8 Publisher ; that many Coppys had
been published in England and here in this Province, by XVth y8 same
was made notorious to all men's observations & Knowledg, w^out
Controll or Question, and that 'twas likely many Conveyances of
Lands might have been passed, Expressing the Situations to lye in
the Respective Countys; as they were therein Expressed, and that to
Disallow thereof, for y8 Boundary's might be of ill Consequence on that
acco*. 'Twas asserted that the Welsh Inhabitants had Denyed them
selves to be any part of The County of Philadelphia, by refuseing to
bear any share of Charges, or serve in office or Jurys, and the like,
as to y8 County of Chester.
That the pretence thereof was they were a destinct Barrony, w8"
tho' they might be, yet that severall Barronys might be in one and ye
same County.
The Gover' and most of The present members of Councill Decla-
reing themselves satisfied Concerning their being a part of Chester
County vpon y8 grounds alliged and proved as aforesaid, Yet,
ffor as much as Thomas Lloyd had desired they might be heard
before it were determined, Sam11 Carpenter was desired to acquaint
him that if he, the said Thomas Lloyd, should think ffitt so ffarr to
Concerne himselfe therein as to appear in their behalfe, or any other,
to shew cause why they should not be Declared to be of the County
of Chester, (as the Proprietor had promised,) they might have liberty
so to do before the Gover" and Councill to morrow, between 9 & 10
in the forenoon, otherwise the Evidence seemed so ffull as that they
should proceed to Declare their judgment therein.
James Claypoole, Clark of The County Court of Philadelphia, by
an address to y8 Gover" & Councill, Complayned that David Lloyd
refused to Deliver vp the Records, and proceedings of the County
Court in the time of his being County Clark, and some of ths justices
also informed the board thereof, and that many prejudices had hap-
ned by y8 Clark's not haveing them. David Lloyd being sent for,
said he had not had time to doe it, haveing been ingaged in a remo
vall of his goods, &c, but said he would doe it as soon as he Could:
the Gover" Declared to him there being a County Court to sitt this
week, where they would he needed, that if it were not don in two
days he Should take a Course with him to Compell him, wcb he ad
vised him to prevent, and Caused him to withdraw.
Wm. Cloud his Petition was read, setting forth his beino- taxed for
y* Levies of one and y8 same tract of Land in both y8 County of New
Castle and y" County of Chester, the w8b tract of Land was Laid out

PROVINCIAL COUNCIL. 223
as in the County of Chester, and was part of ffive hundred acres He
bought in England of the Proprietor.
Ordered' that the Secretary write a Letter in the name of the Gover'
and Councill, to y8 justices of The County of New Castle, to Inquire
into that matter, and to Certifie to y" Gover" and Councill ths grounds
of their haveing interrupted him, as is therein Expressed, if it so
proved, w'b what Convenient Speed they Could, and in the meantime
to Suspend the Levying y8 payment Complayned of till ffurther Order.

At a Councill in the Councill Room at Philadelphia y8 26 *° of y"
first Mo., 1689. PRESENT :
JOHN BLACKWELL, Esq'., Gover". •
John Bristow, Wm. Yardley, Griff. Jones,
Sam" Carpenter, Rob' Turner, Wm. Markham, Secret1'.
The Gover* directed the Entryes of yesterday proceedings in Coun
cill should be read.
They were read. As also y8 minute of y8 Councill touching the
ascertayning ths dividmg lyne betweene the Countyes of Philadelphia
& Chester, dated y8 Is' of 2. Mo., 1685.
The same were reviewed & observed by Mr. Yardly. In so much
as he exprest himselfe he Could not see what was to be sayd against it.
Sam" Carpenter declared he thought the Welsh people & inhabi
tants of Philadelphia County should have longer time. Also Mr.
Yardly was of the same minde. The Gover1 thought there was no
need of them, the matter being so playne, But directed, if any were
attending they should be called in.
The Secretary went out to see if any persons appeared on their be
halfe! according to the Liberty Granted de directed to be intimated to
Tho. Lloyd,, at his motion yesterday.
Tho. Lloyd & John Eckley appeared, and the Gover' asked them
if they had any thing to object (on the behalfe of y8 Welsh people)
against the Running of the lyne as appeared by the map, which added
them to y8 County of Chester.
Tho. Lloyd sayd the Proprietor had given them grounds to Expect
they should be made a County Pallatins. The Gover' ask'd if any
such thing had beene past: nothing appeard.
Tho. Lloyd askd the Gover' by what authority these dividing Lynes
were drawne.
It was answerd by the forementioned Order of the Councill, (as
farre as concerned this matter,) whichagreed with the severall depo
sitions of what had been promised by the Proprietor, and also with
the map-lynes, &c. Some other discourses past, but nothing mate-
riall offerd against the thing; Only Tho. Lloyd declared his opinion,
That some more time should have bssn allowed for their appsaring to
make their Exceptions. He also demanded of the Goy^r" whether the

224 , MINUTES OF THE
Proprietor had power of himselfe to divide the Countyes, or whether
the Proprietor & Councill. The Gover' answerd that by y8 said
Depositions, minutes & map, it appeard, to be done by both in this
case. John Eckley declared he had nothing to say, but that he thought
further time might be allowed in the matter. Ths Govsr' tould him
he did not think that the Gover" & Councill could doe nothing about
limits, but with the popular allowances.
They both being with-drawne, The Question was put, viz': as many
as are of opinion that the bounds of the County of Chester Exprest
by the dividing line marked in the large map of the Province, dedi
cated to y8 Proprietor, and being according to the Order of the Pro
vinciall Councill dated y8 1st of y8 2d month, 1685, are, and shall be
hereafter, held and esteemed the bounds dz dividing lyne betweene
y8 Countyes of Philadelphia & Chester, declare yourselves by rising
up from your seats.
It was carried in the*affirmative, by Rob' Turner, Griff. Jones,
John Bristow de Wm. Markham (agreeing with the Gover™ sense.)
Sam" Carpenter declaring the ground of his being in the negative
was not that he was against the thing, de thought it would be & was
best so ; only because that he thought the Welsh people & People of
Philadelphia should have had longer time for making their defence.
M", Yardley of the same minde. (
M"l "Bristow brought in the Sheriff'^ Returne of Ellections for mem
bers to serve in the Prov" Councill and Assembly for the County of
Chester. The Secretary offerd the like Returne, made for the County
of New Castle: both were read & referred to further Consideration.
A Petition was presented to the Gover" de Councill by Humphrey
Morrey, Phill. Richards, phillip James, Will. Lee, for leave to build
a wharfe on the side of Delaware River, against y8 End of y8
Chesnutt street, which was read and some things spoken to it ; But
The further Consideration thereof Referred to the nsxt Sixth day
of this week.
Adjourned to y8 6a day, being y8 29'" instant, at 9 of the Clock in
the forenoone.

At a meeting of The Councill in the Councill Roome in Philadel
phia the ffirst of The second month, 1689.
present:
JO° BLACKWELL, Esq'., Gover".
Grif. Jones, Luke Watson, Joseph Growdon,
Wm. Yardley, Sam" Carpenter, Wm. Markham, Sec".
Barth. Coppock,
The Gover" ord8" the Entrys of y8 Last daye's proceedings in Coun-
cill should be read: they were Read accordingly.
The Gover' Directed y8 Returne made by y8 sheriff of y" County

PROVINCIAL COUNCIL. 225
of Sussex of membsrs to serve in Provinciall Councill de assembly
should be Read.
Wm. Clark & Jo" Hill, members Returned to serve in Provinciall
Councill, were directed to withdraw.
Consideration was ffirst had of Wm. Clark's Election, who had
served Six years before, wherevpon Sam11 Carpenter moved to have
that part of y8 Charter read w8" directs that after y8 ffirst seaven years
the persons going off should be vncapable of being Chosen againe
ffor one year ffollowing, &c.
Ths same was Read :
And vpon ths dsbats it was resolved, Nemine Contradicente, that
y Returns of Wm. Clark was good, and that there was no Exceptions
to be taken against him, but that he subscribing y° obligation of a
Pro" Councillor, ' Should be admitted to take his place: which he
subscribed, and was admitted accordingly to sitt in Councill.
Consideration was also had of Jo" Hill. Jos. Growdon desired
y8 writt Issued for his Election might be read : the same was read,
and vpon debate it was resolved that y8 Returne of Jo" Hill was good,
and that there was no Exceptions to be taken against him. Jos.
Growdon, Barth. Coppock, ds Wm. Yardley desenting. He was Called
in, & subscribeing, took his place in Councill.
Wm. Stockdale being returned to serve ffory8 County of New
Castle, vpon the debate it was resolved, nemine Contradicente, that
y8 Returne was good, de that there was no' Exception to be taken
against him : he was Called in, and vpon his subscription was admitted
to take his placs in y* Counciil.
John Symcock bsing returned to serve as a member of Councill
ffor ye County of Chester, vpon y8 Debate it was resolved, nemine
Contradicente, that y8 Returne was good and that there was no Ex
ception to be taken against him. He was Called in, de vpon his
subscription was admitted to take his place in the Councill.
John Curtis being returned to serve as a member of Councill ffor y8
County of Kent, and y8 Returne also read, Griff. Jones acquainted
y8 board y* ye said Curtis had been fformerly accused by some deso-
lute persons of treasonable words. Wm. Clark, one of y8 Judgss ap
poynted on y' occasion, said y8 words were not Treasonable, and
v' y Grand Jury did returne y8 bill Ignoramus, dec, and so said
Griff. Jones. Js. Growden said that Curtis was well reputed in his
County, &c. : vpon debate it was resolved (nemine Contradicente)
that there was no ground of Exception against him. He was Called
in, and vpon his subscription admitted to take his place in y8 Councill.
Jo" Eckley was Returned by y8 Sheriff to serve as a member of
Prov" Councill ffor y8 County of Philadelphia, but with submission to
y8 board ffor that ffifty or sixty welsh men who were not of that County
had joyned themselves in y8 Vote, y8 Gover" desired y8 Councill's se
rious Consideration touching that Returne, and ffor their ffuller in
formation, directed y' y8 Entrys of y8 Councill's proceedings in their
debate touching y8 bounds and lines between y8 County of Phila
delphia & Chester, friz : on y8 25"1 de 26'" days of ye Last month,
should be read. They were Read ; And vpon debate it was Resolved

226 MINUTES OF THE
y' y8 Election of Jo" Eckley to be a member of Prov" Councill for
Philadelphia County, ffor y8 Reasons advertised in y8 Returns thereof,
given by y8 sheriff, was not a -good election, according to y8 Charter
and Rules therein in that behalfe, Sam" Carpenter, Jos. Growdon, Wm.
Yardley & Wm. Stockdale only dissenting.
The Gover" therevpon declared he would Speedily Issue out a new
writt ffor Chuseing not only ffor Jo" Eckley, but for Sam" Richardson,
to Supply his place for y8 Remainder of his time, he haveing misde
meaned himselfe in Councill. Jos. Growdon moved that y8 Returne
of Thomas Loyd ffor to serve as a member of Prov" Councill ffor
y8 County of Bucks might be Considered : y8 Gover" said it was late
and y' he had some thing to say ag' it, w811 he would declare to them
at next sitting, w^ was appoynted y8 next day, viz : y8 2d of y8 2i
month, at 9 of y8 Clock, and adjorned accordingly.

At a Councill in y8 Councill Roome at Philadelphia y8 second day
of y8 second month, 1689. present :
JO8 BLACKWELL, Esq"., Gover".
Griff. Jones, Jo" Symcock, , Wm. Yardly,
Jos. Growdon, Barth. Coppock, Jo" Curtis,
Luke Watson, Wm. Clark, Jo° Bristow,
Jo° Hill, Sam" Carpenter, Wm. Markham, Sec*.
Wm. Stockdale,
The Gover" directed that y8 Entrys of yesterday's proceedings of
y8 Councill should be Read : they were Read : y8 Gover' acquainted
y8 board he should begin with y' matter w8" was Last mentioned; w*
was to acquaint them w*° what he had to say against y8 admitting y"
Returne of Thomas Lloyd to set as a member of Prov" Councill ffor
y County of Bucks, and made a Large discourse of y8 powers granted
him by y8 Propri8™ Commission fformerly granted to y8 Provin" Coun
cill and Coram™ of State, to w8" there was Reference made by his
said Commission.
And perticularly setting fforth how the said Thomas Lloyd had by
his miscarriage in sundry respects, obstructed his,y8 said Gover™, pro
ceedings m y8 Discharge of his Trust. And haveing delivered in a
paper Conteyningthe heads of Severall articles of high misdemeanors,
Crimes and offences, Where with he Charged y8 said Thomas Lloyd
m y8 name of y8 Proprietor & Cheiff Gover', (w8b he directed Should
be Read, and was read accordingly,) He proposed a Committee
might be appoynted ffor Considering y8 same, dec, ffor preparing and
makeing ready m Due fforme, articles to be prossecuted and proved
agamsty8 said Thomas Lloyd, and that therevpon he might be brought
to a tryall, to be managed in y8 Proprietor's name. Joseph Growdon
moved that Sam" Richardson might be admitte* to Sitt and act as a
member of Councill ffor y8 County of Philadelphia

PROVINCIAL COUNCIL. 227
The Gover' told him his misbehaviour had been such as had Ex
cluded him, de that he had given Direction for a writt ffor a new
Election of one in his Stead : he, y8 said Joseph Growdon, moved also
y' y8 vote that had past' yesterday touching y8 Returne ofy8 Election
made by y8 Sheriff of y8 County of Philadelphia, might be past by y8
Ballott. :The Gover' told him it Could not be admitted; it was yes
terday past by y8 vote as had been vsuall, de 'twas affirmed y8 ballot-
ting box had never been made vse off on any such occasion, and that
he saw no reason to make vse of it in that Case.
Adjorned till To morrow morning, 9 of y8 Clock.

At a meeting ofthe Councill in the Councill roome in Philadelphia,
the 3d day of the 2d month, 1689. PRESENT :
JOHN BLACKWELL, Esq'., Gover'.
Jn° Symcock, Jn° Hill, Sam" Carpenter,
Jos. Growdon, John Curtis, Griff. Jones,
Jn° Bristow, Wm. Stockdale, Luke Watson,
Wm. Yardly, Barth. Coppock, Wm. Markham, See"'.
Wm. Clark,
The Gover' directed the last Entry should be Read ; they were
Read accordingly.
The Gover" was entering upon a discourse touching the heads of
the articles of charge exhibited against Tho. Lloyd, But whitest he
was speaking Sam" Richardson, a late member of Councill, came into
y8 Councill roome and sate downe at y8 table.
The Gover' askd him if he had any thing to say to y8 Councill.
He sayd He came to discharge his duty as a member of that board.
The Gover" tould him he had beene dismist for his. misdemeanors in
Councill, and that a writt was ordered to be issued for Electing another
in his Roome. , He demanded for what. He knew nothing he had
done, but that he had sayd thou wert a Deputy Gover", and that he was
ready to make good ; and added, He was never heard ; He was never
heard; and had asked for a Copy of the minute de could not have it.
The Secretary sayd: He spake to him therof in the Street, but
never came to him for it.
The Gover' tould him It was Enterd, and that his behaviour was
with so great contempt of the authority ofthe Proprietor de that board,
as could not be borne ; And therefore, Required him to withdraw,
which he Refused : thereupon The Gover' declared that if the Coun
cill did think fitt to suffer such interruptions to his de their proceed
ings, and so high affronts to be given him sitting there, de there was
no way to prevent the Coming of persons, He would adjourne the
Councill to another time, and provide for his being kept out by some
officer hs would appoint to ksepe the doore.

228 MINUTES OF THE
The sayd Richardson continuing there, and there being a Silence,
The Gover' adjou-rned till two of the Clock in the afternoone.
POST MERIDIAM.
The same persons present.
The Gover' acquainted the board That hs thought fitt That ths
heads of the charge he had exhibited against Tho. Lloyd should be
prepared: and that as he had when he delivered in the^same, pro-
pounded A Committee might be appoynted for that purpose.
Joseph Growdon Sayd: He thought it was fit That the businesseof
Sam" Richardson should be considered, that the board might be filled
with their members, and that he questioned whether the Council had
power to Exclude a member chosen by the people, for then thsy'might
all be Excluded at pleasure, dec.
The Gover' tould him He doubted not to Exclude him or any mem
ber whatsoever, that should misbehave himselfe as he had done ; and
sayd, It is the undoubted privilege of all Courts & Corporations to
judge the misbehaviours of their owne membsrs sitting amongst them,
and that his misbehaviour had been insufferably great in their opinions,
and was comitted in their view, de consequently, That none could be
so propper judges therof, and they had so adjudged it. He also
Added, that many facts done in the view of one justice of the peace,
Was sufficient for conviction, de Recording it.
It was moved, The proceedings might be read : they were Read.
It was objected that y8 Exclusion was but conditionall, and moved
That he might be allowed to acknowledge his offence, or Fined, dec.
The Gover' sayd He knew not that they could ffine him. That it
was to late to admitt his acknowledgement if he should tender it now,
for that a writt was ordered to be issued for a new Election, which
had beene notifyed by the Sheriffe. Besides, that there seemed to be
little probabillity of his Submission, for It might be observed how that
when he appeared in the morning, as he offerd no such thing, so he
stood upon his owne innocency & vindication, saying He Knew nothing
he had done ; and when he had been ordered by the Gover" to with
draw, he had refused so to do, and had inforced him to adjourne the
Councill whitest he was present.
In fine, That the affront was insufferable. That it had been allready
adjudged ; and that he should not sitt there to suffer such abuses &
affronts, nor would he bear them from any member sitting at that
board; and that he would advertise the Proprietor accordingly, and
abide his Censure.
Many intemperate Speeches de passages happend, ffitt to be had
in oblivion.
The Gover" desired therefore, They would forbeare all provoking
heats de annimosityes in their further proceedings, and proposed againe,
That a Comittee might be appoynted to prepare de forme the charge
against Tho. Lloyd, for that before they enterd upon preparing Bills,
It was fit they should be in a Capacity to make them de Execute them
when made Laws, which could not be till those things were considered,
and due remedyes applysd, and that dependsd thereon, The sayd

PROVINCIAL COUNCIL. 229
Tho. Lloyd assuming to himself to render all their attempts insignifi
cant whitest he refused to set the Great Seale in cases Requisit.
Here againe arose some warme debates, divers ofthe members ex
pressing their in-ordinate affections for the sayd Tho. Lloyd ; and
saying they could not '(& one of them he would not) believe him to
be such a person, & so guilty as was mentioned in the Charge.
The Gover' tould them the things would be provsd.
Some moved that he might be sent for and heard what he had to
say for himselfe, before there were any further proceedings, saying it
may be he could give the board satisfaction.
The Gover' Replyed The articles were not finished, and It was
against all the Rules of judiciall proceedings to Require a man to an
swer till his charge was ready. He added, That he had in the name
of his master charged him with crymes, offences de misdemeanors,
which were well known to himselfe, the Gover', and to divers other
members of that board present to have been cotoitted by him. That
when the charge was ready He should be sent for. It should then be
Readtohim and his answer required, and a Coppy therof & time given
him for making his deffence. But that divers of the things were so
well known to be true, and were of so high a nature, and so mischiev
ous & obstructive to his and their proceedings in the Governm', as by
the Charter and Laws was required, that without application of due
remedyes it was in vayne for him de them to sitt there, (wch was like
wise declared to be the opinion of divers of the members present ;
but was of little esteeme with others, on the account of their tender-
nesse towards him,) and the sayd motions rejected in such warme
Expressions as are not fitt to be Recorded.
It was objected by some that such proceedings against such a per
son would be of ill consequence to the Contrey at this time, in that
it would discourage persons from coming over amongst them, dec.
It was answered That on the contrary, if partiallity were used, that
would more discourage persons ; Especially where justice required
their detestation of such things comitted by friends, if they should
not Testify against it, &c.
The Governortould them It was needfull tolay aside affection, de to do
justice on the behalfe ofthe Proprietor &people, and tould them, if they
should not think fitt to direct a further proceedings, he would himself
appoynt some persons to do what he had moved, in order to the per
fecting the charge, and preparing, methodizing de mannageing the
evidence. It was answered by some, He might if he would ; they were not
satisfyed in it.
Wherupon the Gover' thought fitt to give them a dayes respit to con
sider what they would do.
It was moved They might sitt in a grand Comittee amongst them
selvss. Ths Gover", (being aware of what was indeavord abroad,) dec,
Replyed, He saw how hard a matter it was for them to keep within
y8 bounds of due, respect to each other : That he did not therefore
20

230 MINUTES OF THE
think fitt to allow therof unlesse himselfe were present, as he conceiv
ed it was his duty to be at all their meetings de transactions in pub
lique affayres.
It was answered that would not do, &c.
Thereupon -the Governor adjourned the Council!' untill the 5'" day
ofthe month, at nine of the clock in the forenoone.

At a Councill mett in the Councill Roome in Philadelphia, the 5'b
of y82dMo., 1689. present:
JOHN BLACKWELL, Esq'., Gov".*
Wm. Clark, Griff. Jones, Wm. Yardly,
P8' Alrichs, Jn°. Symcock, Barth. Coppock,
Luke Watson, Jn". Bristow, Sam" Carpenter,
Jn°. D'Haes, Wm. Stockdale, Jn°. Curtis,
Jn°. Hill, Jos. Growdon, Wm. Markham, Secre.
The Governor & Councill being assembled de Sate, were entring upon
businesse, But were interrupted by Tho. Lloyd's comming in, in man
ner following, viz':
The Gover' asked him if he had any thing to say to the Councill.
1 He answered that he came to take his place de do his duty as a
member of that board.
The Gover' tould him, There was nothing Expected of him untill
he should have given satisfaction to y8 board touching severall high
crimes, offences de misdemeanors, wherewith he stood charged. And
therefore desired him to withdraw de not to hinder their proceedings.
He Replyed, (amongst other things,) He had as good Right to sitt
there de give his advice as the Gover' had to be Gover'- That he had
a double Right, dec. The Gover' tould him It was not so judged, dec,, k
and in as much as he would not withdraw the Gover' adjourned to his
owne Lodgeing in Philadelphia, and arose; Requireing the members of
of the Board to attend him there forthwith.
Most of the members stayed sometime, during Which there were
so sharpede unsavoury Expressions used by him, the sayd Tho. Lloyd,
to the provoking divers of y8 sayd members, some of which wore
heard by the Governor himselfe, whitest he stayed without the doore,
de others of w8" was acquainted by the Secretary, who came out to
him de- tould him they were in such heats de quarrellings as he believed
would not Easily End If the Gover' did not returne & comand their
departure. The Governor Returned and Required of him, y8 sayd
Tho. Lloyd, that he should depart ; and likewise the members of y8
Councill, that they forthwith attend him to y8 place to w811 he had ad
journed them. Some of them, to the number pf 6 or 7, went away
with the Governor, and the Rest came all of them in a short space
afterwards.

PROVINCIAL COUNCIL. 231
Being sate, The Governor directed the Entryes of yc last daye's
proceedings, might be Read: they were read.
Some Exceptions were taken against some parts of it by Sam" Car
penter: the Gover' thereupon directed they should be read over, in
parts, That notice might be taken of the particulars.
Joseph Growdon declared himself against the whole, but in reading
that part wherin it was exprest That he questioned wether the Coun
cill had power to exclude a member chosen by the people, for then
they might be excluded at pleasure'.: he sayd he did not remember that he
used the words at pleasure. Also, y" words [they were Read there
vpon] Excepted ag' agreed to be put out.
Sam" Carpenter sayd, He did not know That any intemperate
speeches had been used, and moved That part might be omitted in-
the Entryes.
The GoveiJ Replyed he judged them to be so. John Symcock Ex
prest Jiis desire that y8 word [in-ordinate] where it is sayd divers of
the members expressing their in ordinate affections for ye sayd Tho.
Lloyd. The Gover' Replyed that was his sence of it, for that he
could not prevayle with them to put the charge into a way of pro
cedure, &,c.
This being over, The Governor desired they would severally declare
their opinions, whether That interruption & disturbance to their
peaceable sitting in the Councill Roome, made & given by Tho.
Lloyd, were not a misbehaviour in him : divers of them particularly
& expressly declared they so adjudged it, and that it could not be
judged otherwise: Others were of a contrary opinion ; and some would
not speak as to y8 behavior or misbehavior, but declared obliquely,
viz : One that it was not his opinion That Tho. Lloyd came there
with intention or designe to misbehave himself; some That his coming
to demand his right was not a misbehaviour; others y' they were not
present at y8 begining <fc did not see any misbehaviour ; others that
there was not any likelyhood of their going together by the ears, as
had beene affirmed. '
Wm. Clark sayd no member of Councill ought to challenge a place
till his qualification be judged by the Councill; he doubted not but
Tho. Lloyd was duely Elected ; but there was a high charge against
him, and in such cases It had beene the usuall method of the proceed
ings of that board not to admitt members returned till they had cleared
themselves, for that till then he is to be look'd upon as a person that
may be guilty, at least by some persons, and that till he be cleared
he ought not to attempt to take the seate of a member at the board.
John Hill sayd that was his case : he was not admitted after long at
tendance, and that though he had not spoken or acted as Tho. Lloyd
had done, yet Tho. Lloyd said he ought to be bound to the good be
haviour, &c. Joseph Growdon moved for y8 Ballot. The Gover' an
swered He had not heard that ever it was used in Councill before he
came. But now that he had heard their severall opinions, He would
take it upon himselfe to Exercise his authority, as he was directed by
the Honb18 Prop"* & Chief Governor, for suppressing all factions, Se
ditions & animosityes, and so past off from that debate.

232 MINUTES OF THE «
The Gover' moved to know their mindes whether they would enter
upon the consideration of preparing bills to be past into Laws, & tould
them fie would put the businesse of the charge against Tho. Lloyd,
into a way of perparation for their proceedings theron : after many
thinghs sayd in debate, The Governor proposed thisQuestion, Viz'.:
As many as are of opinion That this Councill shall proceed upon
the businesse of preparing bills to be past into Laws, and that there
is a sufficient number to proceed theron, declare yourselves by stand
ing up from y' seates. It was carryed in theaffirmative by Eleaven
of 15 voyes of y8 members present. The 4 dissenters were Sam"
Carpenter, Jos. Growdon, Wm. Yardly and Jn° Bristow.
And in order to their better proceedings therin, It was Resolved and
ordered, 1. That the Rolls of all the Laws and ingrost lawes of this Pro
vince & Countyes annexed, appoynted by the King's Letters pattents,
to be published under the seale, shall be brought before this board by
the Keeper & master of the Rolls, or his Deputy, in order to the con
sideration of them, whether they have that Sanction which the Patent
& Charter-requires.
2. That the time for bringing them in shall be at y8 next sitting of
the Councill.
3. That Wm. Clark, John Symcock, & Jn° Bristow, do attend the
Keeper with these Resolves.
Adjorned till nine of y8 Clock" to morrow morning.

At a Council! in the Councill Roome at Philadelphia, y8 6" of y8^1
month, 1689. PRESENT :
JOHN BLACKWELL, Esq'., Gover".
John D'Haes, Jn° Symcock, Wm. Stockdale,
Pet' Alrichs, Barth. Coppock, Jos. Growdon,
Wm. Clark, Griff. Jones, Wm. Yardley,
Luke Watson, Jn° Curtis, Wm. Markham, Secre.
Jn° Bristow, Jn° Hill,
The Gover' directed y8 Entry of the proceedings of the last Coun
cill should be Read. They were Read.
Wm. Clark (in presence of John Symcock & Jn° Bristow) Report
ed to yB Councill That In obedience to y8 Resolves & order of y8
board past at the last sitting, they did go to the Keeper & Master of
the Rolls to acquaint him with those Resolves, & did acquaint him
therwith ; upon which he ask'd whether or no that they were to de
liver as a message was by word of mouth or in writing. That they
answered, That they had not any distinct comarid about that, but
that he had a Coppy ofthe sayd Resolves, which he delivered to him;
and that after he had perused it, the Keeper returned this answer :
That he would prepare his answer for it. That he asked the Keeper

PROVINCIAL COUNCIL. 238
when it might be expected, & told him it was desired the board might
have it this morning. The Keeper answer'd He should take care
Of it.
The Keeper presented himselfe in the Councill roome.
The Gover' acquainted him with the substance ofthe Resolves, and
that the Comittee appoynted had Reported. That he sayd hs would
give in his answsr.
Ths Keeper tendsrd his answsr in writting, w8b was read by y8 Secre.
and is' as followeth, Viz':
To the present Gov' & members of Prov: Councel.
I received y' Resolves this Evening late, of my bringing to your
next Councel the Rolls of all the Laws & IngrOssed Laws of this Prov.
& Territories, appointed by the King's Letter's Patents to be published
under the Seal ; Truely I know n' any such Laws, either in Rolls or
ingrossem', so appointed to be published, neither can I understand by
your Order what Seal is meant, whether the Greater or Lesser: neither
have I declined my Duty in inrolling or legally recording any Laws
w8b the Gov' & Councel, or General Assembly, have Recomended
or directed to my Office : The Truest ingrossed Copy of the Laws
wcn I know of is that which belongeth to & was used at the'Board by
the Proprietarie & Gover", & as I suppose, may Conteyn all the Laws
made Since, & which Copy was generally perused upoD Legislation.
A fuller answer I cannot well give in so short a Time, but shall en
deavour personally to returne you further satisfaction to what Ques
tions you may propose herein. THO. LLOYD, M". of the Rolls.
Philadelph. the 5' sec M8., 1689.
The Gover" asked the Keeper whether any Laws of this Contrey
had been past or published under y8 Great Seale : He answsred The
Originall Charter (which now remayns in his custody,) was past
under the Great Seale, but no other Lawes that he knowes of, Except
y8 act of union, were, which in y8 dose therof is sayd to be past un
der the Great Seale, but he knows not where that is, or whether it
were past under the Great Seale or not.
The Governor askd the Master of the Rolls whether the Laws were
enrolled in parchm' Rolls, as by the Charter & his Comission of Mas
ter of the Rolls is required, fie answerd, None bijt ye first 60 Laws
past at Chester had been inrolled ; That their inrollm' was before his
time ; and he could not say that those Rolls were anthentique Coppyes :
and that he did not know any better Coppy of the Laws than that
w8" the Councill hath.
Some Question arose whether the Laws were to be published under
the Great or the Lesser Seale. The Gover" declared That by y8
Letters patents from the King, they were to be published under y8 Seale
of Wm. Penn or his heirs, and that by the Proprietor's Comission to
the Keeper of y8 Great Seale, He was appoynted to passe them under
the Great Seale.
Griff. Jones proposed that the Inrolled Coppyes of the first 60 Lawes
might be compared with the Coppy used at the Councill, and that the
Councill's book of Laws might be sett right for so farre. Approved
20*

234 MINUTES OF THE
therof: & in order thereunto, The Gover" proposed, That those Rolls
should be brought to y8 Councill & compared, for that purpose. The
Keeper promised The Rolls should be delivered to y8 Secretary, or
whom the board should direct, &¦ left with them for the space of a
week, or such time as they should think fit, in order therunto.
The Gover" Proposed That the Comittee sent yesterday to the Keeper
might be desired to attend the Keeper for the Receiving the sayd
Rolls. The Comittee went, and after a short space returned with three
parchm' Rolls, conteyning the Enrollment of 69 Lawes, according to
the numbring of them with figures.
The Board Refered them to the Secretary, to be Examined by com
paring them with the Councill's book of Laws, and directed That if
he found any variations in the numbring or Coppy ing of them, such
variations should be Reported to y8 board at next sitting.
Adjourned to the 2d day next week, at 10 of y8 clock in the fore-
noone.

At a Councill in the Councill Roome at Philadelphia y8 8a of y8 2"
Mo., 1689. PRESENT :
JOHN BLACKWELL, Esq". Gover".
Wm. Clark, Wm. Yardly,' Wm. Stockdale,
Jn° Symcock, Griff. Jones, Jn° D'Haes,
Jn° Curtis, Luke Watson, Pet" Alrichs,
Joseph Growdon, John Bristow, Sam" Carpenter,
Jn° Hill, Barth. Coppock, Wm. Markham, Secre.
The Gover' directed y8 Secetary to Read the entryes of y8 last
Councill's proceedings. They were read.
The Gover" caused two Letters to be read, directed to him from y8.
Justices de Sheriffe of y8 County of Sussex, touching a Rumor of an
invasion made on Maryland by 9000 Sennekers de ffrench, &c. But
y8 board having received advertissem' That it was groundlesse, It was
thought fitt That y8 Gover' should returne thanks to y8 Gent, for their
care, but withall to paution them that they do not herafter presume to
rayse the Contrey without more manifest cause; and directions for that
purpose. The Secretary Reported his having Examined de compared the
Rolls of y8 first 60 Lawes with y8 Councill's book of Laws. He
found little agreem', and that y8 sayd Rolls, as y8 Keeper sayd last
sitting of y Councill, were not authentique ; So that there was no
depending on them.
The Gover' proposed their proceedure upon the consideration of
y8 fundamentall Lawes, de agreed wcb were the fundamentall, Viz' :
the act of Naturalization or union, y" first, 36°, 37° 38° 43d 51th
56*, 57'\ 58*\ 62d, 64"1, 67lb, and 132".

PROVINCIAL COUNCIL. 235
" The Gover" proposed they would be Serious in y° Consideration
whether y8 sayd fundamentall laws were sufficiently confirmed or
Established, having not been published under y8 Seale, as by y8 King's
patents was directed, and that they would come prepared to Resolve
it to morrow morning, 9 of y8 Clock.
Ordered y' y8 parchm' Rolls recd Saturday of y8 Keeper, should be
Returned by y8 Com'88 that brought them.
Adjorned till to morrow morning, 9 of y8 clock.

At a Meeting of the Provinciall Councill in the Councill Roome at
Philadelphia the 9*" day ofy8 2d Mo., 1689.
present:
JOHN BLACKWELL, Esq'. Gov".
Wm. Clark, Peter Alrichs, Barth. Coppock,
Luke Watson, John D'Haes, Jos. Growden,
Jn" Hill, Wm. Stockdale, Wm. Yardly,
Griff. Jones, Jn° Symcock, Wm. Markham, Se.
Jn° Curtis, Jn° Bristow,
The Gover' directed y8 Secre to read the Entryes of the last day's
proceedings. They were read.
The Governor acquainted the board that he hoped they were come
prepared for the Consideration & further debate about preparing Bills
adjourned to this time; But withall, that he thought meet to acquaint
them That he had this morning received a printed paper, (called the
fframe of the Governm*. of this Province, dec.,) brought unto him by
the Secretary, who sayd he had it from Wm. Clark, a member of this
board, and that he had it from Jos. Growdon; who being present, the
Gover' desired to know of him how he came by it.
Jos. Growdon answerd, Wm. Clark had a little book of me.
The Gover" asked him againe how he came by it, & tould him, It
was a high presumption in any man, especially a member of that
board, to promote the publishing of any paper of such concerne with
out direction, Especial y for that it was false in so fundamentall a
poynt as that was, and that unlesse he could cleare himselfe hs was
liabls to Censure.
Growdon answerd, If there were any error it was in the printing
of it.
The Gover' askd Wm. Clark whether he had Received it from Jos.
Growdon. He answerd he had, & that he askd him 6a for it, de
tould him it cost him 28b printing, & that he offerd him 6 more for 18d.
The Gover' asked Growdon who printed it. He answerd he did
not know. The Governor askd him whether he had ordered the
printing of it.
He answerd. He was not bound to accuse himselfe.
Being asked when he gave it out to be printed. He answerd He
supposed that what was printed Was printed before yesterday, and he

236 MINUTES OF THE
did not think he was bound to answer any further about it. He did
not intend any hurt in what he had done in giving out some of the
papers. *
The Gover' having askd him if he had any thing more to say,
He was silent. He then directed him to withdraw, whilest y8 Coun
cill should consider what to do in it.
He sayd, He did not think fitt to withdraw.
The Gover' proposed it to y8 Councill to declare their opinions
whether he ought not to withdraw whilest it was debated. They being
silent, The Gover' adjourned the Councill till 2 of y8 Clock in the after
noone. POST MERIDIEM.
The same members present, & Sam" Carpenter.
The Gover' sayd He should take up the businesse of Jos. Growdon
publishing the printed paper produced in the morning, For that he
lookd upon it as being of a dangerous nature (in the present Condi
tion of our aftayrs, and distractions the Countrey were in) to have
such a paper published ; not only for that it was false, But for that
the Proprietor had declared himselfe against the using of the printing
presse; and Especially for that there seemed to him to be severall
things therein conteyned which though they might be fit for the peo
ple of this Province to know, (and that they might do by having
Resort to the Keeper's, where it was lodged,) but would be of ill conse
quence to be Known to others, and possibly might bring the Proprie
tor's title in question, &c, and therefore declared He Expected That
Jos. Growdon should withdraw, whilest they gave their sense
about it.
Jn° Symcock declared he was not satisfyed that it was any preju
dice to y8 Contrey, for that the Gover' had sayd He would have the
Children taught it.
The Governor Replyed: are you not satisfyed That Growdon should
withdraw till it be. debated.
Growdon himselfe sayd. He did not think fitt to withdraw to be
judged behinde his back.
John Eckley came in the Councill Roome, and sayd he was come
to offer himselfe to y8 board to do his duty. The Gover' tould him
they were at present on another consideration, & desired him to with
draw till that was over.
Jos. Growdon demanded That all the members of the Couneill
might be admitted before they proceeded any further.
The Gover' tould them they were all present Except Tho. Lloyd,
who stood charged with so high Crimes, offences & misdemeanors, as
he could not think fitt to admitt him till he had answerd to them, w8"
he found them unwilling to bring him to a tryall upon, and Sam"
Richardson, who was Excluded for great contempt ofthe Proprietor's
de Gover™ authority : Only John Eckley, whose Elections they had
voted lllegall.
Wherupon Wm. Yardley declared, Except we may have our
members wch were duly de according to charter Elected, de intrusted
by the people for the service of y8 Contrey, admitted to sitt with us

PROVINCIAL COUNCIL. 237
for the service that is Expected by them that chose them, dssirsd we
may be dismist rather than to sitt here.
The Gover' sayd he knew of none kept out That are duly Elected,
unlesse (as he had sayd before) such as are under a charge &
Sentence of this board of misdemeanor.
Jn° Hill sayd: That he observed since he had been at Councill,
there had been many obstructions in our debates for making Laws;
that we could not proceed. I desire we may be dismist, & think it
best the Gover' chose his owne Councill: we cannot agree.
Jn° D'Haes sayd : For my part I was chosen by the Contrey, and
I see no businesse can be done but by quarrelling at every thing, So
that we are all hindred from doing any thing : I desire we may be
dismist & not required to stay longer: we can do no good.
Sam" Carpenter sayd: As to that man that appeared last, (viz:
Jn° Eckley,) I hope thou hast nothing against him nor his Election.
If thou hast, I desire to knbw what thou hast. I desire he may be
admitted to take his place.
Joseph Growdon sayd the Ballot was to decide doubtfull questions.
Griff. Jones sayd there were such disorders at the Election as he
nsver saw before. We desired the Poll and Ballot, and appealed
whether there were not many persons present that were inhabitants
of Chester Countey, and that came out of Jarsey, which by the Poll
or Ballot we should have known whether they had right or not to
elect, & could not otherwise be determined.
I did as much as in me lay to have it done by the Ballot, as the
Charter directed, &c. But I am sure we -spend our owne time de
money, de the Contrey's, in hopes of having laws, but we cannot hitt
it; we are hindred from doing any thing ; Therefore, I think it is best
for every one of us to go about our businesse. We do but Exaspe
rate de provoke one another, and beget heats de animosityes, to the
hurt of the Goveriim'.
Jn° Symcock sayd: as to the writ that went' out for the Election of
John Eckley T If I mistake not there were some things in it as that
They should either make a new Election or stand to their first choyse ;
and if so, thou mayest be satisfyed.
The Gover' Replyed he did not remember any such thing ; But
should be as glad as any man to finde there were a doore open to
admitt him, for he looked upon him as a very worthyperson. But he
thought it was othsrwise.
The Gover1 desired the Entry of the writt might be read.
Whilest that was sent for, in.order to the Reading of it, Wm. Stock-
dale sayd He wonderd that the Ballotting box should in some Cases be
so much cryed up & at other times denyed, wherein our priviledges
de libertyes are much concerned.
The Gover' sayd : 1 will answer for my denyall therof in such cases
wherin I have not thought it necessary to use it. But (added) I see
there is such a ffaction made amongst you of this board, That I can
not answer it to trust the affayrs of the Governm' comitted to me, unto
such a Clandestine decision ; For I see how you are influenced, many
of you, &c. But besides, I am assured It has not beene used in like
cases before my coming at this board.

238 MINUTES OF THE
The Secretary produced the Entry of the writt of Election of Jn»
Eckley, &c, w8" was Read; which is as followeth, viz :
JOHN BLACKWELL, Esq'., Govern' of the Province of Pensilva-
nia & Countyes annexed, Under the Honb18 William Penn, Lord
Proprietor and Cheif Governor of the same, & his Heirs.
To John Claypoole, High Sheriffe of the County of Philadslphia,
sendeth Greeting: —
Wheras, it hath appeared to y8 Provinciall Councill, by your return
of Elections made the Eleventh day ofthe first month, commonrycall-
ed March, bearing date the 29*b day of the first month, 1689, That
a great number of Persons having mett in Philadelphia for the_ Elec
tion of one person for a member of Provinciall Councill, and six for
assembly, amongst which were about 50 or 60 persons of the I own-
ship of Haverford de Radnor, dec, who were supposed not to belong
to the County of Philadelphia; Yett they then gave their Vote by
Ballott, with y8 Freemen of the sayd County; Wherupon the sayd
Election was by the sayd Councill resolved not to be a good Election,
according to the Charter and rules in that behalfe, although they
could not but approve of the sayd Jn° Eckley as a worthy and fitt
person : And whereas, Sam" Richardson, a late member of the sayd
Prov11 Councill, through his great misdemeanor, as well towards the.
Honb18 Proprietor, in contemning & denying his authority, as towards
the present Gover' under him and his Heirs, Insolently denying him
to be Gover", and that the Proprietor could not make a Gover' and -
other wrath full and outragious words, deportem' de carriage of his,
in view of the Councill sitting for mannagem' of the affayrs of the
Governm', w8" occationed the Vote and resolve following to, be past
against him on ths 25"" day of ths last 12tb month, viz': that ths words
de Carriags of ths sayd Sam" Richardson were unwhorty and unbe
coming a member of y8 Councill to the Gover', and that he ought to
acknowledge his offencs and premiss more respsct and heed for the
future, before he be allowed to sitt againe in Councill: and wheras,
he, the sayd Sam" Richardson, persisting in his obstinacy, hath not
to this day either acknowledged his sayd offences, or promissed more
respect or heed for the future, but declared himselfe, he cared Ilot
whether ever he satt there more again : And wheras, there is a pre-
ssnt need ofthe full number of members to serve for provin" Councill,
as by Charter is required for preparing bills to be past into Laws,
and other Weighty matters :
These are therfore, by his Maj'5"1 authority, and in the name of the
Honb18 Lord Proprietor and Cheif Governor, to will and require you
to give as Speedy and timely notice as may be to the Freemen Inhabi
tants within your County capable of Electing, That they meet at the
usuall place of mseting for such purposes, on the eighth day of this instant
month, comonly Called Aprill, between the Hours of nine de Elsven,
then and there to Elect and Choose from amongst themselves Two
persons, of whom they have had experience for their approved fidelity,
Virtue, Wisdome, Ability and Peaceable demeanor, to serve in the
sayd Prov" Councill, Viz'.: either by confirming the sayd Jn° Ecklsy,
or choosing some othsr whom thsy shall think fitt in his stead, for the

PROVINCIAL COUNCIL. 239
terme of Thrss years ; and whom elss thsy shall think fittest to ssrvs
in the stead of y8 sayd Sam" Richardson, for the remaining Space of
two years of the three for which he was Choosen ; and that, you make
due returns therof to the Gover' de Prov" Councill, for which this
shall be your Warrant. Given at Philadelphia, the 2d day of the
Second month, in the 5*° year of the Reign of King James the Second
of England, dec, and ninth ofthe Proprietor's Governm' in and over
this Province, dec, anno Dom. 1689.
The Gover' Declared He was sorry It did not answer Jn" Symcock's
Expectation, for he did not finde, That they were directed to confirms
Jn8 Eckley otherwise than in the usuall way directed by the Charter
for Election by the Ballot, which had been demanded, but the disor
der of the people would not permit it.
Wm. Clark sayd: He did not ses that necessity of the Ballot for
Jn° Ecklsy, but to havs a free vote for his confirming, and thought hs
might be admitted for any thing that he did understand.
John Bristow desired to know whether the Sheriffe had made any
Returne of it or no, de desired the Returne might be read if it were
made. The Sheriffe's Returne was read by the Secretary, w8" is as fol
loweth, viz'. :
To the Honb18 JOHN BLACKWELL, Esq"., Govern" of the Pro
vince of Pennsilvania and Countyes annexed, and Provinciall
Councill, dec.
vJJJ&r-r According to a Warrant from y8 sayd Honb18 Gover", to
4^^^^> me directed, the Ffreemen of this County mett at y" time
! and place therin Specified, and a method being proposed,
they did declare that at that tirne they were not willing to
vote by Ballott, and then nominating Jn° Eckley, they did
by Maj' Vote confirm him to be their representative in Councill for
the term of Three years ; and afterwards putting up Sam11 Richard
son, they did by Maj' Vote Elect him for the remaining time he was
to have served, and likewise declared their willingness to Confirm the
former Choice of members for Assembly. In Witness wherof, I
have hereunto sett my hand and Seal, the Eighth day of the Second
month, in the ffifth year of the King's Reign, de ninth of the Lord
Proprietor's Governm'., Anno Dom. 1689.
JOHN CLAYPOOLE, Sheriff.
John Bristow observed upon it, That the writt was satisfyed by that
returne; For it was a confirming John Eckley, as was directed by
the writt.
Wm. Yardly sayd : My opinion is, That the Return of the Sheriffe
is that the people have confirmed that Election that was before, and
so has answered the writt, and that he has right to come & take his
place. Bath. Coppock declared: He was of the same opinion with the
member that spake last.
Wm. Stockdale sayd : I do also agree with what the last member
sayd. Sam" Carpenter sayd : The use of the Ballot is where there is

240 MINUTES OF THE
doubt. Here it was apparent, de therfore I think it is as well every
whitt in this case.
Ths Gover' sayd : The former Election has been allready deter
mined not to be a good Election, and therefore that cannot be insisted
John Curtis sayd: I think it was a Very fayre Election. In other
placss ws are Gsnerally chosen by the Vote: and I think where they
are unanimous, there needs no controvercy.
The Ballotting box is not used in any other nlace but this County.
Wee are Elected by Vote.
Griff. Jones answered That was a mistake, for it is used at upland
de in all the Lower Countyes, by black de white beanes put into a
hatt, w8" is a balloting in his sense, de cannot bedsnyed by the Char
ter, where it is demanded.
>. The Gover' sayd I take it to be so agreed by the Charter that the
Election shall be by y 8 ballot, and am sorry it was not so done in this
County upon this occasion, where they had alwayes heretofore insisted
upon it as their Right. But I do not yet see how it can be allowed
that Jn" Eckley should sitt.
Sam" Carpenter sayd : I look upon it that we are judges of Our
members, otherwise we may be Refused or turned out at pleasure.
We are abused.
The Gover' desired him to Explayne himselfe by whom they were
abused. His answer was as dark as his former Expression ; and so
was past over.
Wm. Clark sayd: a great deale of time hath been spent & little or
nothing done. We mstt as a legislative Councill in order to preparing
lawes, But we are not yet gotten to the begining of that ; and I do not
see we are like to make any progresse in it. One thing or other does
happen amongst ourselves to put a Stop to our procedure, and now the
time is so farr spent that I think we shall not have time to go on with
it if there were no objections in the way. We have sate already longer
than we used to do on this occasion, and for as much as we are not
like to do any thing, I desire we may be dismist to our private Coii-
cernes. Griff. Jones sayd: I have once already, & I doe againe desire, if we
cannot go on to make Laws for the Province & Countyes annexed,
& people therof, & that without interruption, That we may have
hberty to go about our businesse.
Peter Alrich sayd: 1 desire we may be dismist & go about our
businesse; things standing as they do, that we cannot be suffered to
proceed. Wm. Stockdale sayd : I desire we may have our members for car
rying cm of what lyes before us, as we ought to do, &c.
Wm. Markham sayd : He thought it was necessary the Councill
should be dismist; he saw no service they like to do, & that it was too
late now to begin to prepare lawes seasonably.
Jn° Symcock sayd: A dismisse might be acceptable enough to most or
all of us, but we are obliged to do some service for w8b we came, and to
that end we have mostly all along desired to have our members. I

PROVINCIAL COUNCIL. 241
desire that what of our time remayns we may indeavor to spend it to
the purpose intended.
-The Gover" sayd : I am sorry we have beene renderd Jhus indisposed
thereto by Councills from abroad. I have frequently given you the
grounds of my not agreeing with you, as to the bringing in the three
members you would have. I have a Conscience to be Exercised, &
a duty incumbent in discharge of my trust, as well as any of you,
and I conceive it lyes with more weight upon me if I suffer a misca-
riage in these Councills. But I have sayd what was on my thought
to say as there has been occasion ; and' since it appeares to me, That
we are hinderd on that pretence from proceeding any further, I think
fitt (according to the advices of many of you) to adjourne this meeting
of Councill on the Legislative account, till further occasion ; Expecting
you do agree amongst yourselves who shall attend the ordinary meet
ings of this board, on each 2d & 5th days of Every week, as was
formerly agreed; and that you fayle not of your attendance ac
cordingly. The Gover' Adjourned till the 2d day of the next wssk.

Entry of ths names of the members of Prov" Councill who were
attending in the towne of Philadelphia, on the ssverall dayes ap-
poyntedfor holding Councills by the Governor, Viz';
On ye 15" of y8 2d Mo., 1689.
JOHN BLACKWELL, Esq"., Gov".
Luke Watson, John Curtis, Sam™ Carpenter.
Wm. Stockdale, Wm. Yardley,
On y8 1801 of y8 2d Mo., 1689.
JOHN BLACKWELL, Esq"., Gover".
Luke Watson, Wm. Stockdale, Sam" Carpenter.
Griff. Jones, On y8 22"' of y8 2d Mo.
JOHN BLACKWELL, Esq"., Gov'.
Luke Watson, Sam" Carpenter, Wm. Markham, Secre.
Griff Jones, On y8 25th of y8 2d Mo.
JOHN BLACKWELL, Esq'., Gov'.
Luke Watson, Wm. Stockdale, Wm. Markham, Secre.
Griff. Jones, On y8 29,b of y8 2d Mo.
JOHN BLACKWELL, Esq'., Gov".
Luke Watson, Griff. Jones, Wm. Markham, Secre.
21

242 MINUTES OF THE
On y 2d of y8 3d Mo.
JOHN BLACKWELL, Esq"., Gov".
Lnke Watson, Barth. Coppock, Wm. Markham, Secre.
On y8 6th of y8 3d Mo.
JOHN BLACKWELL, Esq'., Gov'.
Luke Watson, Barth. Coppock, Wm. Markham, Se.
On y8' 9a of y8 3d Mo.
JOHN BLACKWELL, Esq'., Gover'.
Barth. Coppock, Wm. 'Markham, Secre.

.

At a Councill in y8 Councill Roome in Philadelphia y8 tenth day
of y8 third Mo., 1689. PRESENT :
JOHN BLACKWELL, Esq'., Gov".
John Symcock, Jn" Hill, Wm- Yardley,
Luke Watson, Wm. Stockdale, Sam11 Carpenter,
John Curtis, Jos. Growdon, Wm. Markham, Secre.
Barth. Coppock,
There wanting two members to make up a full Legislative Coun
cill, The Councill fell into a free discourse amongst themselves about
y8 Expediency of Letting the Laws drop or fall, and some things
toaching the administration of y8 Governm' untill other Laws should
be made, or directions should come from y8 Proprietor, dec, out of
England. But nothing was concluded, Only To adjourne till 5 of y8
Clock in y8 evening.

r
At a Councill at the Governor's Lodgeing In Philadelphia, ye ll"1
of y8 3d Mo., 1689. present:
JOHN BLACKWELL, Esq"., Gov".
John Symcock, Wm. Stockdale, Jn" Hill,
Wm. Clark, Jos. Growdon, Wm. Yardly,
Sam" Carpenter, . Luke Watson, Wm. Markham, Secre.
Barth. Coppock, Jn° Curtis,
The Gov' acquainted the Councill That yesterday, towards even
ing, two of y8 members of y8 Assembly had signifyed to him That
y8 assembly was mett, and that they had sent them to acquaint y8
Gov' and Councill therewith, and that they had something to say to
them. The Gov' proposed that y8 Councill would Consider whether

PROVINCIAL COUNCIL. 243
they could appoint a Comittee, or do any thing as a Genall assembly
untill the Councill were at least 12.
The Opinion was they could not ; and it was therupon ordered.
That John Bristow should be written to by y8 Secretary to appeare
to give his attendance in Councill by 9 of y8 Clock y8 13'° instant.
Likewise ordered, That y8 members of New Castle be written to,
to give their attendance in Councill at y" same time.
The Gov' proposed to y8 Councill, That if he thought The ffree-
holders of y8 County of Philadelphia were yet disposed unto a more
peaceable frame than at their last meeting, he should be glad to issue
a writt for Election of two bersons, as had formerly been done ; but
none gave any advice therin.
Nich. Walne de Edmd Bennet came from y° assembly, de sayd They
were sent to acquaint y8 Gov' de Councill That they were mett, &,
desired to know whether y8 Gov" & Councill were mett, & were ready
to heare what they had to say.
The Gov 'desired them to withdraw till they could Consider what
answer to give.
It having being considered, They were called in, and Desired to let
the Assembly know That they wanted one of y" number of y8 Coun
cill to make a Gen11 Assembly ; But had sent & would use what in-
deavors they could to have a full Councill against y8 second day of
y8 next week, at nine of y8 Clock in y8 forenoon, w8" was agreed,.
nimine Contradicente, upon y8 Question put.
The Petition of James Walliams was read, & all ye papers by him
pessntsd touching y8 proceedings had at y8 County Court of New
Castle, upon y8 Seizure mads by y8 Sayd Walliams of severall goods-
Imported into this Province by Peter Godefroy de Aliens, contrary to
y Law of England, for the better incouragem.' of Navigation, &c. And
upon y8 reading de Consideration thereof by the Gov' & Councill, It
was Ordered That a Spec11 Comission should be issued by the Gov'
to 3 pesons, or any two of them, For the hearing de determining
that matter, both as to ths Seizure, forfeiture &, quahficationof ye Per
sons importing the Goods in question.
That the Com™ do sitt in Philadelphia y821'bof this month: And
That y8 Secretary give notice to y8 Playntiff, Def, de all persons con
cerned who shall be named by either of them, that they be in readi-
nesse to attend y8 sayd hearing de for giving evidence therin as the
Case shall require; allw^was agreed, Nemine Contradicente. TheGov
nominated Wm. Markham,, John Symcock de Wm. Clark, or any
two of them: some of them desiring to be excused, the Gov' sayd,
he would settle that aa he should think fitt, when y8 Comission was.
ready. Adjourned till y8 next Second day ofy8 Week, at ten ofthe Clock
to this place.

244 MINUTES OF THE
At a meeting of the Councill at y8 Gov" Lodging At Philadelphia
y8 14lb of 3d month, 1689. present:
JOHN BLACKWELL, Esq'., Gov".
Jn° Symcock, Barth. Coppock, Jn8 Curtis,
Wm. Clark, Wm. Stockdale, Jn° Hill,
Jos. Growdon, Wm. Yardly, Luke Watson,
Jn° Bristow, Sam" Carpenter, Wm. Markham, Secre.
The Gov' caused y8 Entryes of y8 two last dayes proceedings in
Councill to be reade.
The Gov' acquainted y8 Councill, That y Assembly having sent,
desiring they might have notice of y8 Councill's meeting,T;hey having
somethings to impart to them; and That he, y8 Gov', had some thing
also to say to y8 Assembly touching the Lapse or falling of the Laws,
desired they might be sent unto.
John Symcock & Joseph Growdon were sent for that purpose.
They returned <Ss brought word they had been with y8 Assembly, and
that they sayd they would be with y8 Gov' & Councill within half an
hower. In y8 meantime, Peter Gronendik's petition was read : And It was
agreed a new Comission for the peace & County Court of Kent should
be issued. The Gov' also took y8 names of divers pesons recomend
ed to him by y8 members of Councill to be Coroners for y8 Respective
Countyes, & directed Comissions should be prepared.
The Assembly came ; and after some pawse y8 Gov1, spake to them
according to y8 tenor of y8 words following, viz' :
Philadelphia, 14*b of y8 3d month, 1689.
Worthy Friends de Gent: —
This being y8 first opportunity of your appearing together in this
Assembly since my arrivall, I hold it necessary in a few words to in
forme you of my errand amongst you.
Having received a Comission from the Honb'8' William Penn (The
true& absolute Proprietary de Cheif Gbv')fory8 Governm' of this Pro
vince & Countyes annexed, under him de his heirs, I undertook y8
journey from Boston in New England, hither, about the later end ofy8
last ninth month, and upon my arrivall presented myselfe to those whom
I found in authority, Giving them a view of my Comission; (who
voted their aCquiesceing therewith,) and being thereby Referred (for
my instructions de Guidance) to their Comissions, & such instructions
as y8 Proprietor had formerly given them, and y8 Laws of this Pro
vince which he had past, I requested a view of them ; and thence
forth made it my study to become instructed in my duty by them, and
have accordingly acted to y8 best of my understanding. But, It has
been my great unhappinesse to meet wa unexpected opposition therin.
Gent., 1 shall not appologize for myself further than by telling
you :
1. That I Sought not to Rule over you: It was from y8 meere good
will de pleasure of y8 Honb18 Proprietor, (my worthy friend,) and I
hoped it would have ended before this time.

PROVINCIAL COUNCIL. 245
2. That Bsing Resolved of undertaking it for a time, I also design
ed to do it w"1 all imaginable respect to him de yourselves.
S. That I have endeavord so to demean myself therin as I doubt
not (when my master shall receive the acco' of what has past since
my arrivall) it will be sufficiently evidenced; That I have acted ac
cording to my Comission de instructions from him.
4. That in Expectation of his arrivall, (w™ God grant suddainly,
if it be his will,) I shall wayt for my vindication against y8 malevo-
lencys of my oppossrs.
I suppose you have besn formerly acquainted with ye reasons de
necessity of y8 Proprietor's absenting himself so long from you, as
till the lats Revolutions in England. He hath frequently evidenced
his strong desire above all things to be restored to you.
What hath hinderd of late we have from divers Reports of things
transacted in England, w* require we should wayt for their being
renderd more certaine ; and in tlie mean time strive in our prayers,
That the Lord who Gov™ this universe will do it in wisdome and Good
will towards all his suffering people^ and ourselves in pticular.
I suppose, Gent, You expected some bills should have been sent
downe to you from y8 Prov" Councill, for y' Consideration before your
coming up de passing them into Laws at this meeting.
Divers reasons may be given why none were. I shall acquaint you
with some of them, Viz1:
1. The Honb18 Proprietor (for reasons known to himself) hath
given possitive directions for lotting all the Laws drop or fall, Except
the fundamental^. And afterwards, for calling together the Legisla
tive authority to passe such of them, or others, as they should think
fitt, for the future : (w88 is my full intention to do.)
2. The Honb18 Proprietor being by his patent from the King, au
thorized by himself & his heirs, dec, (with consent of y8 freemen,)
fo make, and (under his seale) to publish necessary Laws for y"
good ef the people; (wch had never been done, with all requisit cir
cumstances, whilest himself was here, and without vr* I much doubt
whether what were past, or should hereafter be past, have that duo
sanction or established' w81* Laws require ;) and finding the Great
Seale, under which they should passe, was not to be had, (the Keeper
therof refusing to allow the use of it in any cases, by my direction,)
I therfore lookd upon it as labour in vayne now to attempt it.
3. The present posture 6e alteration of affayres in Engld, The un
certainty touching y Condion ofy8 Proprietor himself and his power ;
and y* fears of what danger might ensue, as well to him as to our
selves, in passing de confirming laws of such a nature as would have
been approved of in this conjuncture of affayrs, forbad it.
4. The annimosityes and dis-sentions w8*1 were here amongst you
before I came, and have been lately Revived amongst the members of
y8 Prov" Councill, by y8 iudeavor of some; as to their proceedings in
v' service hindred their agreem' .in Councill as to doing any thing,
In so much as I was constrayned for Love de peace sake, upon that
and ye other foregoing considerations, to dismisse them from further
attendance on y* account. 21*

246 MINUTES OF THE
5. An Expedient occur'd to me of Lesse danger to us all, Viz':
That I being by my Comission as aforesdr Referd for my Rule de in
struction to y8 Laws then in being, & w8" had been (as well by the
Proprietor as y8 people,) approved de owned, as such whilest he was
amongst you here, and observing y* he had Reserved y8 Confirmation
<fe disannulling of what Laws should be made in his absence to him
self, so that if any were or should be proposed, they could not take
effect among, us as laws till his pleasure should be therin declared, I
came to a Resolution within myself, of observing them iny8 Course of
my Governm' as so many Rules de instructions given^ me by my
Master, (as farr as L should finde or judge them not contrary to y8
Laws of Engld,) and of supplying y8 deflect or want in y' Laws by
y8 Laws of England, w88 1, believe will be most gratefull to Our Su
periors in England, Especially at this time; and will be as usefull
amongst ourselves ; there being no other way (occurring to my under
standing) whereby you may receivs y8 bcnsfit of thsm. And in this
purposs I rsmaynS_Steady, (Unlesse you shall otherwise advise,) untill
by better information out of Engld we shall be led out of these
State-meanders. Gent., I assure you that I will (as farr as I judge I may w."1 a good
conscience) manage myself in Governing you agreably to y" Charter
from y8 Proprietor, de the Rules de instructions of your Laws ,-, (if I
may be sufferd to do;) and where they are defective, according to
y° King's Letters Pattents, having a due regard to your Principles, (as
I am instructed by my Master,) till God shalLbe pleased otherwise to
direct de cleare our way to us all ; whose duty it is (as becomes
Christians) in all things to attend de readily comply with his will. I
say I will (as farr as I. judge I may with a good conscience) so manage
myselfe in Governing you, &o.
Then Gent. Let reason de not passion or prejudice, (through any
mis informations,) influence you. I pray God direct us all therin ;
That we may in this our day, know ths things that maks for our
peace ; Least they be hidden from our eyes and wee (too late) Repent
de say, we were advised but understood it not.
I assure you nothing shall be wanting on my part, wherin I may
justify a complyancs with any thing you shall reasonably desire.
But I expect y8 same Liberty de exercise of my judgem' de conscience
as you do. I am sure you will Expect no more from me, for I take
it for granted, this is a fundamentall Rule with every one of you, To
do to others as you would they should do to you. When I fayle to
walk according to this Rule, My Master will not let me be any longer
y' Governor.
Gent. I will only adde this, That as soon as we have certayne
intelligence from Engld I will advertize you ; and (if the Councill
shall so advise) will call you together, in order to your being as early
in bespeaking the Countenance of y8 Authority over us, to indulge us
in our differences from others, as may be expedient, and will cordially
joyn with you therin, if you shall aesire it, That you may have as
large privileges de exemptions as shall be judged reasonable to desire.
Now if these things I have sayd will not please vou, I can say no

PROVINCIAL COUNCIL. 247
more ; but Go on and prosper in your owne Sentiments, and if you
suffer by so doing, I shall be sorry your breach fell out in the time of
my Government over you. But The will of God be done, with which
I end at this tims.
Arthur Cook, in ye name of y8 Assembly, desired a coppy of y8
Gov™ Speach. He granted it them.
Arthur Cooke made a Speech, and afterwards offerd a paper,
directed to y8 Gov" de Prov" Councill, sitting at Philadelphia y8 l^*1 of
the 3d month, 1689, w8" was Read, but nothing Resolved on about it ;
it conteyning some ofthe heads ofthihgs discoursed between y° Gov'
& him before.
The Gov' desired a Coppy of y" sayd Arth. Cook's Speech might
be given in to him in writing ; which was Promised by y sayd Arth:
Cook. Arth Cook moved a Comittee of y8 Councill might be appoynted to
conferre with. The Gov answerd he found no cause for it from the
Charter, there being no laws to be conferrd about. But sayd himselfe
would be alwayes ready with the Councill, (if he could get ths Coun
cill to attend,) w8" he declared would be as well
The Gov' proposed an adjournm*' of y8 Councill till to morrow
morning, 9 ofy8 Clock. Severall ofy8 members desired it, might be
held at y8 place called y8 Councill Roome. The Gov' answerd it was
to strayte & close for him this hbtt weather, That it was not large
enough to receive y8 Assembly. That therfore, he should, continue
his resolution of adjourning to y8 same place. Some intemperate
Speeches past from some about it, intimating as if they had a joynt
power in appoynting the place. One asked him by what authority he
took, it upon himselfe. He replyed by virtue of his Comission from
y8 Proprietor de the Charter & lawes, wcb required the members ofy8
Councill should' attend him de not he them. Another affirming the
Gov' dealt not fayrly with them, dec. w8*1 he reprorved, saying he was
sorry he understood no better ; and adjourned accordingly to y8 same
place to morrow mornings the 15th ofthis. 3d month,, 1689., ¦

At a meeting of the Councill at the Gov™ Lodging at Philadelphia,
the 17*" of the 3*-'month, 1689. PRESENT :
JOHN BLACKWELL, Esq'., Gov".
Luke Watson, John Hill, Wm. Stockdale;
Sam" Carpenter, Jos. Growdon, Jn" Curtis,
John Symcock, Wm. Clark, John Bristow,
Barth. Coppock, Wm. Yardley, Wm. Markham, Secre.
The Entry of the Last Councill's proceedings were Read.
The Gover" acquainted the Councill That y8 end proposed for meet
ing at this time was, That if that w8" he had formerly mentioned to
them touching the issuing of some Declaration for y8 Continuing y

248 MINUTES OF THE
Laws formerly past by the Prop" to be of y8 same force as now they
are, & for acting accordingly in all administrations de Courts of Jus
tice, untill we should hear from England, might be allowed for an
Expedient as touching y8 dropping or falling of y8 Laws, he should
be willing, upon their advice, to concurre therin.
M' Markham declared his readinesse to give his hand to it.
John Symcock sayd, while y8 Laws are in power there is no heede
for that.
Wm. Clark. It is a Question with some, & also with myselfe, that
it mpy not be safe for y8 Justices to act by these Lawes after the As
sembly is broke up & y8 20 dayes expired; So that if this method
should be taken, there may not be magistrates found to keep the peace
of y8 Governm*. It would seeme to be a scruple to me to act after
y8 5J0 dayes are expired, after y8 Assembly is broken up, for if after
theie came an alteration of y8 Governm', those psons y' finde them
selves agrieved may bring us into Question for our actions when we
had noe Lawes for it, or but pretended Laws.
John Symcock. The Question may be whether y8 way of a Decla-
raon propounded by y8 Gov' can make it safe to act upon y8 Laws.
Governor. Such actings, though not in all poynts justifiable, yet
being necessary untill Laws can be duly past: (w8" cannot be without
the Propr0™ confirmation:) an act of indemnity & confirmation of all
judiciall proceedings in Courts need not to be doubted ; Governm' be
ing necessary.
Joseph Growdon. It is supposed That y8 Laws formerly made
were good before y8 Gov' had confirmed them : and we suppose the
Laws are in force as they are, if we will consent to y8 adjournm' of
y8 Assembly; therfore, 'tis my opinion, That y8 Gov' & Councill con
sent to y8 Assemblyes adjournm'. If we go in any other way we had
as good do nothing ; possibly we may never be indempmfyed. Con
cerning y8 Dropping of them We should be ready to acquiesce in any
thing y8 Gov" Comends ; But if he do put any thing y' we cannot con-
curr in, we hope we shall be Excused.
John Hill: If a bill or declaration were prepared for allowing all y ¦
Laws past by M'. Penn till further order, it may be as sufficient.
Wm. Clark: nothing we can do till Gov' Penn shall approve them
can give life to them.
Wm. Markham. , I can not conceive why we are so fond of these
laws. If they be not confirmed we must be governed by y8 Laws of
England, w8" are agreeable to ye Common law, de are but Explana
tions of that ; de what are our Laws more than declarative of that.
Wm. Stockdale. The Assembly may adjourne themselves. It is
my Judgm' y8 Laws may thereby be preserved as they are, de that so
we may act safelyer by them than if they were Lett drop & confirm
ed by a declaration.
Sam" Carpenter was of y8 same minde.
The, Gov' sayd, Thaty" adjourning ofy8 Assembly by their owne
act does not seem to him to be any way countenanced, either by y8

PROVINCIAL COUNCIL. 249
Charter or by his Comission or instructions, or y8 Laws of this Pro
vince. But for as much as by his Comission & instructions y8 Laws
were appoynted to be his Rule of his Governm', he was satisfyed to
Joyne in a declaraon for the administring justice according to them,
de their being of like force as now they are till they should heare fur
ther from England, as he had declared in his Speech to y8 Assembly;
and doubted not but y8 Proprietor would approve therof, de that if it
were an Error, he would passe an act of Indempnity, as was usuall
in such imergencies; and that therfore, if they could not consent
thereto, or finde some other way, he must end that debate : he judged
y8 continued sitting or adjourning ofy8 Assembly to be of dangerous
president & consequence.
John Bristow. My opinion is, that for as much as y" Laws have
been all along uncertaine of y8 assurance & strength requisit, yet all
along have been practiced de the people governd by them ; in as much
as it falls out that after 20 dayes they are voyd, I think it necessary
& convenient y* y8 Gov' & Councill de assembly Joyne together to
issue a declaration to y8 Magistrates, that those Laws that have been
.made & confirmed from y8 begining, de practiced, shall still continue
& be in force till there be further order from y" Proprietor.
The Gover" sayd: He has spoaken my minde, & I am ready to do it,
or any thing else that I can be advised, wherin I can pursue my in
structions. Luke Watson. Thsse Laws, after 20 dayes, are no laws, de we
can give thsm no force, hut thsy must of necessity fall, & we must be
governd by y8 Laws of England at pressnt.
John Curtis. The Continuance of y8 Assembly gives life de keeps
life to them, wheras after y8 rising of y8 Assembly they must of ne
cessity drop* & all y8 Laws & ordinances that can be made will signify
nothing, but we must flye to y8 Laws of England, de it will come upon
us to be sure.
Barth. Coppock., I cannot understand That we can act safely
under any things but under y8 Law ; not under any ordinance or de
claration, if they drop or fall, because they have not that publication
which the Laws by y8 Charter ought to have.
Jn° Hill. I do not think y8 Assembly can be adjourned, but y' we
may have recourse to y Laws of England in matters to prserve y8
Peace'. Jn° Bristow. This time 2 years, upon a neare like occasion, Orders
were sent to y8 Justices, dec, de I conceive we may do y8 same now.
Wm. Clark, By way of accomodation, proposed That we might
agree upon some Instrum'or declaraon to impower y8 Magistrates to
act by y8,Laws that are now in being, de that it be left to y8 discretion
of ye ministers of Justice where they see cause to act by y8 Laws of
England, de not to be, tyed up wholly to the one or y8 other.
The Gover' de severall of the Members declared, that would: leave
things at great uncertainty, so that neither the people nor y8 Magis
trates would know what to do.
The Petition of y8 Inhabitants, on Brandiwine Rivsr or Creek,
against y8 damn mads upon y8 Creek, w* hinder y8fish passing up, to

250 MINUTES OF THE
v8 great damage of y8 inhabitants, was read ; and upon debate, it wasr
thought fitt a time should be sett for giving notice to them y* were con
cerned on both parts, that they should. make good y8 Petition de they
should be heard; but y8 time was not agreed.
Adjourned till y" 2d day next week, between 9 de ten ofy8 clock, at
y8 same place.

At a Councill at the- Gover™ Lodgeing at Philadelphia y8 20th 3d Mo.,
1689. PRESENT :
JOHN BLACKWELL, Esq'., Gov'.
John Bristow, Jos. Growdon, Sam"' Carpenter,
John Symcock, Griff. Jones, John D'Haes,
Wm. Yardley, John Hill,. Peter Alrichs,
Barth., Coppock, Jn° Curtis, Wm. Clasfk..
Wm. Stockdale,
The Secretary not being present, y" Entry of y8 Last Councill's
proceedings were not read.
Joseph Growdon acquainted y8 Gov' That there were some mem
bers of y Assembly attending from them.
They being called in, acquainted y8 Gov' de Councill That they.
were sent from y8 Assembly w'b y8 paper w8b they had formsrly pre
sented unsigned, w8b was now signed by y 8 Speaker.
The Gov" asked them when they were sent with it.
One of them answerd: It was signed presently after it was re
turned to them, and that they had attended to have deliverd it, but
y8 Councill was not sitting.
The Gov tould him That was not an answer to his Question, for
he sayd he heard there was no Assembly sitting these two or three dayes
past, and if So, he knew no use could be made of it, at this board.
Wherupon they presented another paper, touching John White's be
ing imprisoned, being a member of the Assembly, de took upon them
to desire their griveances might be Redressed, one of them saying»
They were abused in that the members of Prov" Councill were not
sufferd to sitt.
The Governor tould him, That none were hindred who had been duly
Returned as duly Elected, save one who was charged with very
high Crimes de misdemeanors, wcb rendterd him uncapabls , and tould
him That Expression was unfitt to bs- ussd before him; Also, that
they were not judges of y8 Councill's proceedings or members, nor
could they receive any ihformaons. Himselfe de the Councill together
were the Sole judges.
He Replyed, Then they must fflee to their old Charter, &c, for
this was not according to what was promised them by y8 Governor in
England ; and they would' mafntayne their libertyes as English
msn, &c.

PROVINCIAL COUNCIL. 251
Upon w8" ye Gover' bade them take their papsrs back to them, who
ssnt thsm, for it was not fit for him to Countenance such proceedings as
would probably subvert y8 Governm' de turne all things into Confu
sion. He was appointed to Governe them by y8 Charter, & Laws
made therupon, & was resolved to Execute his office accordingly.
Joseph Growdon, a member of y" Councill, bade them not to take
y8 papers back. Upon which,
The Gover' took them & put them into his pocket, till he could be
more certainly advsrtised whether the Assembly were in being or
not, and dismist them. They being gone, Joseph Growdon, (whis
pering of Wm. Yardley, and takeing that Liberty in Councill to go
from one to another, out of his place, for that purpose,) Wm. Yard-
ley stood up in his place, de sayd : It appeares1 to me there was an
Assembly ; and for as much as we are a people £hat are of meane
education, sometimes our Speech appeares to be very Rude, de
memory weake, de therfore, We desire to present some things before
thee ; and tenderd a paper folded up.
The Gov" (apprehending there might be some thing in it of like
tendency to what Expressions had past in Councill since y8 coming back
of Tho. Lloyd, who he heard had, with some of y8 members of y'
board, beene that forenoone very busy in consultation w^'y8 remayn-
ing members of y" Assembly, de had renewed the former dissentions
and annimossityes amongst y8 members ofy8 Councill,) was not hasty
to receive, nor did think fitt to open that paper at prsent, and whilest
they were debating whether to read it or not, the whole designe was
made manifest By y8 Coming in of Tho. Lloyd, John Eckley & Sam"
Richardson, (without giving notice of their businesse.)
The Gov" therupon stood up and desired to know what their plea
sure was.
Tho. Lloyd answerd they came to pay y8 Gov" their respects & to'
sitt in Councill, and inlargeing on y' Subject,
The Gov" tould them, He had formerly at severall times declared
himself touching y' matter: that they could not be admitted to sitt there
till himselfe de y8 Councill were satisfyed and had agreed it; and ther
fore desired they would withdraw de not interrupt y8 present businesse
& debates by their Staying in y8 Roome, for he could not admitt a
a proceeding therin whilest they were present.
Tho. Lloyd persisting in his demand of sitting there, saying he
had the Gover™ Letters making him a Councellor, wcb was as good as
y8 Gov™ Comission.
The Gov' told him he had never seen any such Letter, nor did he
ever think fitt to give him any attested Coppy of it. (if there were
any such.,) He replyed he would 1st him have it : and pursuing his
dsmands of sitting, de some of y8 members of y8 Councill severally
and tumultuously crying out I am for it: & I am for it, &c,
The Gov' declared y8 Councill to be adjourned till y8 next councill
day, viz': to y8 fifth day of y8 same week, at nine of y8 Clock, at y8
same place ; and Rose up out of his place to depart accordingly ; upon
w8" severall of ye members of y8 Councill departed. But divers

252 MINUTES OF^THE
remayned,anda great deale of confused noyse & clamor was Expressed
at & without the doore of y8 Gov™ roome, where y8 Councill had sate,
W8b occasioned persons (passing by in the Streets) to Standstill to heare,
which y8 Gov' observing, desired y" sayd Tho: Lloyd would fprbeare
such Lowd talking, telling him he must not suffer such doihgs, but
would take a course to Suppresse it, & shutt y8 Doore. So he went
away, attended w,b severall of y8 members of y8 Councill, others stay
ing behinde, w* y8 Governor.

At a Meeting ofthe Councill at the Gov™ Lodgeings in Philadel-
phiay823'b of 3d Mo., 1689. PRESENT :
JOHN BLACKWELL, Esq'., Gov'.
Wm. Clark, Pet. Alrichs, Barth. Coppock, , .,
Jo. D'Haes, Griffith Jones, Wm. Yardley,
John Hill, Sam" Carpenter, Wm. Markham, Secre.
Luke Watson,
The Gov" directed That the Entryes of the proceedings in Councill
y8 two Last dayes of their meeting should be read by the Secretary.
They were read.
The Gov' proposed, That for as much as the Assembly had discon
tinued their sitting, de were gone, they would take into Consideration
the preparing' & issuing of some Declaration in the name of the
Gov' & Councill, as he had severall times moved during their Sitting,
for continuing the Laws past by the Prop0' before his going for Eng
land, to be of the same force as now they are, untill we should heare
further from thence. ,
Wm. Clark sayd : What y8 Gov' has proposed is very necessary,
for it will be of very ill consequence to Lett the Laws wholly fall, &
have no Laws of our owrie to be governed by. Most are Strangers
to other Laws ; These we are acquainted with. It would therfore
be of great service, since we can not have y8 Assemblye's concur
rence, that they be passed as the Gov' proposes, by a Declaration issued
in the name of y8 Gov' & Councill.,
Wm. Markham. Had we not mett With such interuption as we did,
We might have had a body of Laws fitted for us when we first came to
gether as' a Legislative Councill for preparing them: But now we have
been put into such distractions, as our Laws must continue in the
same distracted forme or not at all. But since it is the desire of y8
People y' the Laws should so continue, though the Prop" have di
rected the Letting of them fall for the psent, & afterwards preparing
new Laws, I have requested the Gov' y' they may be continued with
as strong force as may be; and- you See the Gov" is ready, de only
vyants y" Consent.
Gov". I have often proposed it, and will proceed in my Governm '
according to y8 Rules of y8 Charter, and all the Laws made before

PROVINCIAL COUNCIL. 253
the Prop™ going for England, whethsr you shall think fitt to passe a
Declaration or not, being by my master directed so to do ; Save only
wheras one of those Laws requires that Comissions for constituting of
Prov11 Courts & Judges should be past under y8 Great Seale, (w8" y8
Keeper will not allow,) I shall reserve a Liberty to passe" such Co-
missions under y8 Prop8'1 Lesser Seals.
John Hill. I agree to what y8 Gov" proposes, for acting by the
Charter de Laws mads, and think it is fit, sines the Keeper will not per-
mitt y8 use of y8 great Seale, that they should be past under y8 Lesser
Seals, for it's necessary y' Prov" Judges be appoynted for appeales, dec.
Wm. Yardley. I desire time for further consideration. Though it
has beene before us, We have not had y' dus consideration, & we have
not a full Councill.
Governor. I can not helpe it that y8 members will not give their
attendance; they all know of this dayes meeting & y' the Councill
was adjourned to this time de place. I know by too sad Experience,
what's meant by desiring further time for consideration : 'Tis nothing
but time to consult with out doores with those y' have all ways obstruct
ed our proceedings, as to doing any thing that's good for y8 people. It
has been allready debated, de every man been suffered to speak his
minde at large, & we might have brought it to an issue at last meet
ing had we not been interupted as then we were, by y8 coming in of
others, &c.
Wm. Clark. We had been heard ; and I desire we may not be
detayned any longer. I desire y8 thing may berput in to y8 speediest
way to give satisfaction to y8 people y' sent us hither.
Sam11 Carpenter Proposed to Receive a paper.
The Gov" Refused it, saying, he would not admitt of any interrup
tion to this debate, till it were over ; telling him he had heard it was
unduly hatch'd by y8 late President de some .of y8 members, withy8
remayning part of y8 Assembly, w8" was a course not to be counte
nanced ; It behoved the members of y' board havs bsen present de de
clared their mindes, & given their assistance in this weighty matter
under consideration ; and that he had adjourned for that occasion to
.this time on purpose.
Wm. Markham. I am against making protests one against another.
Let us have a friendly debate at y8 board of what's before us for our
Consideration. Wm. Yardley. I am very much for y" preservation of ye Laws :
and rather than this opportunity shall passe, I am for it.
Sam11 Carpenter. I think y8 Assembly might be had.
Gov". They have disolved themselves, w8" though it were not Le
gally done in all usuall circumstances, yet they are thereby become
felones de se, as to their power of present sitting, and ye Gover" declar
ed he did not see any reason to contrive their Sitting on this occasion;
they were so divided amongst themsslves as that a very great part of
them had protested against their proceedings, & withdrawne as being
ashamed of their doings. 22

254 MINUTES OF THE
Clark, Yardley de Coppock. Leave the thing as it is.
Wm. Markham. I did Scruple y8 thing of confirming y8 Laws by
a declaration when first proposed, But some reasons that have since
come to my minde, de specially considering we are not making new
Laws by it, and for as much as we were disturbed when we were about
that, de could not proceed, I am now of another minde. The Assem
bly could not but have sayd I or no, &c.
The Question about it being called for, was thus Stated de agreed,
Viz': As many as are of opinion That a declaration be ^prepared
agreable to y8 debates at this board, to be issued in the name of y8
Gov' & Prov" Councill, for continuing y8 Laws formerly past by the
Proprietor, in y8 same force as now they are, untill we shall receive
orders out of England about y' matter ; & that in y8 meantime, All
Officers, (Viz': Justices, Sheriffes,) &c, be required to act in their
Severall Stations de Capacityes in all their proceedings & doings, ac.
cording to y8 Charter & those Laws, w*" this Proviso, That y8 Gov"
may issue Comissions for Prov" Judges under ye Prop0™ Lesser Seale,
declare y" consent by standing up in y' severall places. Wherupon
all y8 members prsent stood up, Except Sam" Carpenter.
The Question being put in y8negative, The sd Sam" Carpenter stood
up allone.
The Gov" proposed a Comittee might be named for drawing up
such declaraon, Which was agreed; & That Wm. Markham, Wm.
Clark & Wrn. Yardley, or|any two of them, should be the Comittee,
de should withdraw : the Councill were Sitting till their returne.
After about an hower's space, the Comittee brought in de Report
ed their draft of a Declaration, signed by all three of them.
The sayd Declaration was three times read, debated & spoken to:
some alterations were in the debate proposed & agreed on. And upon
y8 Question put, Viz': As many as are of opinion That this forme of
Declaraon brought in by y8 Comittee, as now it stands altered,
shall be issued, according to the intent of ye foregoing' Resolve, and
sent into each County, to be there published as y8 Act of the Gov' &>
Councill, at there respective County Courts or meetings, Declare your
assent by standing up in your places. Wherupon they all stood up
Except Sam" Carpenter.
The Question being put in the negative, The sd Sam" Carpenter
' stood up allone.
Afterwards, The Governor & all y8 members of y8 Councill present
(Except Sam" Carpenter) signed y8 Sayd Declaration, being about two
of ye Clock afternoone, which is as followeth, Viz':
* A DECLARATION:
By the Governor and Provinciall Council! of the Province of Penn
silvania and Counties thereunto annexed.
Wheras, We have just cause to suspect that some persons have
indeavored to suggest and insence y8 minds of the good people of
this Government, That the Govsrnor and soms of the members of

PROVINCIAL COUNCIL. 255
Provinciall Councill have had a designe or intent to subvert and over
turn this frame of Government, and to make voyd the Charter of
Liberties and Privileges which the Chief Governor and Proprietor
hath been pleased to Grant unto Us and our Successors ; and that they
have also designed and intended to make voyd y8 Laws of this Go
vernment, which have been (at so great trouble, charges and expences
of the Proprietor and People) made for the preserving of the King's
peace, and ye mantaining of our Properties and privileges, and so to
Rule by an Arbitrary Power ; We do therefore think fit to declare,
and we do hereby Declare, That We never had any such thought or
intent, But were allways fully Resolved to Keep and preserve the
same, as much as in Us Lyes ; and should have been very ready to
have joyned with the Assembly in the confirming of a Law for that
purpose. , . And for as much as thaft hath been obstructed or omitted, We have
, thought fit to Declare, and We do hereby Declare, That all the Laws
past and agreed on by the Proprietor and Chief Governor, and Free
men in Provinciall Councill and Assembly, made before the Proprie
tor's going for England, shall be, continue and Remayn in ths. same
force as now they are, untill We shall Receive Orders out of England
about or concerning that matter,- With this Proviso: -That the Go
vernor may issue out Commissions for Provinciall Judges, under the
Proprietor's Lesser Seal: and That in the meantime,' We do hereby
Require and Command all Officers of this Province and Counties an
nexed, that they, in their severall Stations and places, do Act in -all
their proceedings and doings according to the Charter and Laws made
by the Proprietor and People, as aforesaid, untill further Order.
Given at Philadelphia, the three-and-twentieth of the third month,
Anno Dom. 1689. JOHN BLACKWELL, Gov'.
Pster Alrichs,
Griffith Jones,
Luke Wattson,
Barth. Coppock,
John Hill, J> y8 Committee.
John D'Haes,
Wm. Markham,
Will. Clark,
Will. Yardley.
Wherupon y8 Governor1 acquainted the Councill he had nothing
further to propose to them at pesent; and that, (although he might
not dispence with their Charter-attendance, not knowing what might
fall out on a suddaine,) Yet he saw no incouragem' to call them to
gether oftener than necessity required, they being grown into such
ffactions as he could Expect little assistance from them: That he
would therfore Governe them in all points according to the Charter
de Laws, as they had declared, so farre as he might act as Governor
without them, untill he should heare further from England; and if any
urgsnt occasion required it, he would give them notice therof.. In the
meantime adjourned them till further Order...

256 MINUTES OF THE
The Gov' havingpn y8 16*b day ofy8 6"1 Mo., 1689, Recda Letter from
Joshua Barkestead,' dated Talbut County in Maryland, the 8*b of Au
gust, 1689, Directed y8 Secret? forthwith to issue Orders to the respec
tive Sheriffs to Sumon all the members of y8 Prov" Councill to ap
peare in Councillin Philadelphia y8 28lb day of y8 sd 6*b month,. 1689,
which was, done accordingly.

At a Councill at the Gov™ Lodgeing in Philadelphia, y* 28th 6'"
month, 1689. PRESENT :
JOHN BLACKWELL, Esq'., Gov'.
John Symcock, Barth. Coppock, John Hill,
Sam" Carpenter, John Curtis, Wm. Markham, Secre.
Griffith Jones,
The Petition of Robert Turner, Benja. Chambers, dec. in behalfe of
themselves and others, was Read, Requesting an ord' for y8 Laying
out a Road from Philadelphia to Bucks County, &c
Wherupon it was Ordad y' Rob' Rurner, Benj. Chambers, Jos. ffisher
Sylas Crispin, Tho. ffayreman, Rob' Addams, with a Survey", w"'
what Convenient Speed may be, do sett out a Cart road according to
Statute. The Petition of Tho. Clifford, for satisfying 5 years Service as
Doore Keeper & messenger of y8 Councill was read, and Referred to
a fuller Councill.
Adjorned till 9 to morrow morning.

At a Councill held at y8 Gov™ Lodgeing in Philadelphia y8 29"' 6'"
Mo., 1689. PRESENT :
JOHN BLACKWELL, Esq'. Gov'.
Sam11 Carpenter, John Hill, John Bristow,
Griffitb Jones, Peter Alrichs, Barth. Coppock,
John Curtis, John Symcock, Wm. Markham, Secre.
Wm. Clark,
The Petition of Tho. Clifford was againe Read.
The before named members of Chester, viz': John Symcock, John
Bristow & Barth. Coppock, promised to pay 20s in part of 61b. Wm.
Clark & John Hill y8 like 20s for y8 County of Sussex. And upon
debate, Ordered y' a Letter be written to y8 Gent :. of y" County of
Bucks as from y8 Gov' & Councill, desiring them to do as all y8 other
Countyes have done, in advanceing each County 20s on this occasion.

PROVINCIAL COUNCIL. 257
Ord88- That besides y" sayd six pounds formerly directed and advan
ced as afore sayd, there be 408 more, viz': 31b" in all, layd on each
County at their next Levyes, to be- payd to y"sd Thomas Clifford, in
full satisfaction of all his claymes & demands whatsoever, to be. re
turned by y respective Sheriff's, & that it be recommended to y8 re
spective Justices to order and forward the same accordingly.
Agreed nemine Contradicente.
Adjourned till 3 of y* Clock iny8 afternoone, p' cize.
POST MERIDIEM. /;''
Present the same pesons as in y8 forenoon.
The Gov" acquainted y* Councill, That y8 reason of his calling
them together at this time was to minde them that there had been for
merly severall Rumors of danger from y8 french & Indians, in con
junction with y8 Papists,. for y" Ruine ofthe Protestants in these parts,
and of y'alarme formerly given, as if 9 thousand french & Indians
were thsn neare , approaching for y' purpose, upon w^ y° Justices de
Sheriffs of y8 two Lower Countyes, with y8 people thereof, had beta
ken themselves to armes for their defence ; wherof he then gave y8
Councill an account, from y8 Letters he recdout of y8 sd Countyes:
as also, of a Letter he had recd from one Cap' Le Tort, (a french
man, living up in the Countrey,) agreeing therewith ; which they did
not see any reason to give heed unto : And further, to acquaint them
y' he had lately rscd a tetter from M". Joshua Barkstead, out of Mary
land, advertising there was sufficient proof that y8 Papists in Maryland
had been tampering with y8 french de Northern Indians, to assist them
to cutt offy8 Protestants, or at least to reduce them to y8 See of Rome,
&c, which Letter was read in Councill: adding an account thereto
of y8 Crueltyes de barbarous usage of y8 french Indians upon y8 peo
ple of New England ; murthering about 100 persons, burning houses,
&, plundering y8 people of their goods de Cattell,.&c, and (using y8
Proverb) that there was no smoak without some fyre. That these
things might be Expected to come suddanily upon us, as well as our
neighbours. That his office was to be their watchman, & he durst
not conceale the Knowledge of these things, Without acquainting them
de receiving their opinions & advices what was fitt to be done therin
for their security, and setting the mindes of y8 People, who in some
places, (pticularly in New Castle,) upon the apprehension of feare
from these things, had been very much disquieted de taken themselves
to armes, but were quieted by the -Justices of that County residing
amongst them. He also acquainted them, That divers ofthe inhabit
ants of New Castle had declared themselves unsatisfyed That King
Wm. had not been proclaymed as in other Countyes, de that y8 same
had been signifyed to him by M". John Cann, By whom y8 Gov' sayd
he had sent them word; he had not recd any orders for y8 doing it,
nor did he know in what manner or tearmes it was to be done, having
never seen any proclamation for that purpose ; and that he feared he
might either Exceed or fall short ofthe titles ought to be given him,
which would (he thought) be treason in, either case ; That he Expect
ed y* first ship out of England would bring orders about it, and yl
9.9*

258 MINUTES OF THE
upon receipt therof, he would do as he should be directed. That ha
ving called y8 Councill to advise him in these cases, he had nothing
else to trouble them about at this, time; but if any damage should
happen to them for want of what informacord he had recd he knew he
was responsible to y8 King de state of England, (to y8 hazard of his
life,) if ye Province should be invaded & lost out of his Maj*88 Do
minions: & Therfore, prayed they would be very Serious de Solemne
in giving him their opinions & advices what they thought of these in
formations, and what they would have him do therin, for that he knew
he could do nothing without their assistance, but suffer with them,
which he feared was neare at hand, dec.
Wherupon Peter Alrichs gave an historical! acco' ofy8 proceedings
of ye Mohawks in the yeare 1665, Concluding he did not think they
were any great number, or that there was cause to be affrayd of
them, dec.
Wm. Clark sayd : he beleived some thing might have beene here
tofore intended of such a nature as was suggested, but that being frus
trated, he believed that designe is wholly dead ; neverthelesse, that he
thought they were obliged to y8 Gov' for signifying these things to
them. John Symcock sayd : he did not see but that we are as Safe, Kee
ping peaceable, as those that had made all this strive.
Griffith Jones sayd : he saw no cause of danger if we can but
Keepe quiet among ourselves.
John Bristow sayd : he saw no need of ray sing forces, for he saw
no danger; But that he looked upon it as the privilege of the people
to have their members psent if there be. (so also sayd John Sym
cock.) To w8b y8 Gov' replyed he had given order to have all such
as were allowed members of y8 Councill to be Summoned; but if they
refused to come he could not help it. He must & would be satisfysd with
y8 opinion & advics of such as wsre psent.
John Hill sayd : He had spoken with very eminent knowing men,
de saw no likely hood of danger.
Sam" Carpenter sayd ; he had spoken with two psons that came
from Maryland, who did not believe what was talked; that he did not
feare any thing from any news we had thence, and y' he was of
opinion w'b John Bristow, for having all their members present.
Barth. Coppock sayd : the news was new to him, & it did not
appeare to him that we are in any danger [at psent] by the Indians,
or papists either: and was ofthe same opinion about having all their
members psent.
John Curtis sayd': he had heard a great while of these things, But
they signify nothing but a Rumor: as for y8 Indians, they\are quiet,
& for his owne perticular he had no feare upon him, & that he was
of the same opinion about having all their members psent.
Wto. Markham sayd: he apprehended That to speak of dan
ger from y8 Indians would but skare y8 women & children ; and that
our Constitution will not admitt us to defend ourselves. The only
way is to forbeare all thoughts or seeming fears of the knowledge of
it ; for that will represent us as people frighted, dec, unlesse we were

PROVINCIAL COUNCIL. 259
under such a Constitution; of Governm' as to take to armes, to be
ready upon occasion if any thing should come. And as touching the
businesse of proclaiming the King, it was unanimously agreed that it
was not at psent advisable, untesse ws had ordsrs for doing it.
Whsrupon y8- Gover' gave them thanks for so perticularly de freely
advising him, de told them he had nothing further to occasion their
stay at psent, unlesse they, or any of them, had any thing to im
part from the respective Countyes fitt for psent Consideration. It
being Replyed by divers that they had not, he adjourned the Councill
to meet at New Castle y8 tenth day ofy8 next month, about some per-
ticulars relating to that County de the adjacent neighborhood.
Memoranda. The Governor upon a necsssary occasion after
wards, appoynted the meeting of the Councill at New Castle to be on
the 17th of September, and accordingly went thither : And by the way,
took a view of the Mill & Mill race Erected by Cornelius Empson.
(Wherof complaynt had been mads by Petition from severall of the
inhabitants of Chester County.) But there appearing but five of the
members of the Councill, viz :
John Simcocky Peter Alrich, Wm. Markham, Secretary,
John Bristow, John Dehaes,
nothing was done therin.
On the first of October following, Samuell Gillham, master of the
Ketch Crane, of Dartmouth, in the Kingdom of England, delivered to
y8 Gov' a pacquet, w"1 this superscription following, viz':
For his Ma'fi8S speeiall Service. To William Penn, Esq., Proprietor
of their Ma'u> Province of Pennsilvania in America: And in his ab
sence, To the Gov' or Comander in' chief of that Province, for the
time being, In Pensilvania.
4. Wherin was conteyned a Letter bearing date, Whitehall, 13°
Aprill, 1689, signed Shrewsbury. Upon the Receipt de reading
wherof, The Gov" askd the sayd Gillham If that were all he had, and
observed perticularly to him, that there was no Proclamation or In
structions about proclayming their Majestyes; and ordered the same
to be publiquely read by the Secretary for the satisfaction of the
people, who had heard there was such Orders come.
The same day the Gov" directed that sumons should be issued for
all the members of the Provinciall Council to appeare at Philadelphia
on the first day of Novemb" following, in ord" to the imparting the
same to them.
The next day the Gov" gave the sayd Gillham a Certificate, under
his hand, de the Provincial Seale annexed, signifying That he had re
ceived the sayd Letter, de should observe the contents therof, and of
his proceedings therin give acco' to their Ma"i8s Principall Secretary
of' State by the first opportunity of Conveyance..

260 MINUTES OF THE
At a Council held at the Gov8" Lodgeings in Philadelphia the first
day of the ninth month, 1689. prest :
JOHN BLACKWELL,. Esq". Governor.
Samuell Carpenter, Peter Alrichs, John Bristow,
Griffith Jones, Luke Watson, Barth. Coppock,
John D'Haes, John Simcock, Wm. Markham, Seer".
John HiU,
The Governor caused the Entryes of the Procesdings of the last
Councill to be Read,
And acquainted the Councill That the most of what he judged need- •
fulfor him to say to them at this time was to the purposs of what he
spake then. To which he Referred, the same having been Read; only
Added, That he had Recd from the Principal Secretary of Stats, by
his Ma'ti88 Comands, a tetter, which he caused to bs read over, w'Ms
of y8 tenor following, viz': Whitehall, 13 Aprill, 1689.
DUPLICATE. S": — I am by his Ma'ti8* Comands, to acquaint you That his Maty.
being sensible of the great de frequent injuryes his subjects dayly re
ceive from the ffrench, in apparent violation of the treatyes between
the two Crowns, and particularly by the assistance that King has
lately given, de continues to give his Enemysin Ireland; and by the
invading his Ma'ti88 Territoryes in America, and disturbing the trade
of Ins-subjects in those parts for severall years last past : His Ma*'
has therfore, directed all necessary Preparations to be made for a
speedy warr with the ffrench king, which has occasioned the giving
you this notice of it, That you may with all possible diligence take
effectual care for the opposing de resisting any attempt of the ffrench
upon his Ma'ti88 Province of Pensilvania ; And that all ships coming
from thence, do not sayle hereafter otherwise than in ffleets : And
you are also to Assure hisMati88 Subjects in that Province of his Mali88
Protection, by sending forthwith a considerable squadron of ships into
the West lndyes, and other Succours that shall be requisite, not only
securing his Mati88 Plantations in America, but obligeing the ffrench
to make Reparation for the many unjust &, violent proceedings de at
tempts against his Mati85 Subjects in those parts. I am,
S'., yo' very humble, servant,
SHREWSBURY.
Upon the Reading herof in Councill, The Gov' desired their advice,
both as to what they thought , fit to be done therupon, and what an
swer returned to. the Secretary of State about it. And that they
would be very serious in it, for that the danger was not only now as
formerly, suggested by private uncertaine hands, but from the Secre
tary of state, by his Mati88 Comands, dec. Mr. Alrichs declared He
thought it necessary some thing should be done. '
M\ D'Haes, Desired The Gov' would not take it ill that he sayd
He would not Act either as a Magistrate in New Castle or here,, untill

PROVINCIAL COUNCIL. 261
he knows who is King : which he Repeated severall times, adding,
It is not safe to act without proclayming the King.
The Gov' told him, He believed that King William de Queen Mary,
The Prince de Princess of Orange, were King & Queen of England,
dec. But he had not seen the Proclamation, de so knew not how to
Proclayme them, &c.
M'. D'Haes his opinion (that it was not safe to act without proclaym
ing the King) occasioned severall others to declare their minds about
it, and that the people were earnestly sett upon the doing it themselves
in some of the Countyes, dec.
The Gov' Declared He was as ready de desirous to do it as any
body, if he had y8 Proclamation de orders for doing it; but having not,
Proposed for their satisfaction who were impatient about it, Thaf a
middle way might be considered of, Which he thought might be done
by a Declaration of the Gov' de Council, owning their authority, and
declaring their readinesse Solemnly to Proclayme them as soon as
we should receive orders, or an authentique coppy of the Proclama
tion, which he Expected by the next vessell that should come out of
England. M". Simcock sayd: If a forme' of Declaration had been sent to us
to have Proelaymed them I think we must have observed it : But in
as much as there is no Comand sent us by the King of England, (who
so ever he be,) nor from the Secretary, to Proclayme any King here,
I think ws havs no reason to do it. But I would submit my self to
better understandings. The case is doubtfull. We are not to believe
but to be certain in such matters, dec.
The Gov" told them, They had Proelaymed King James without
Order. John Simcock Replyed: King James was by an Act of Parliam'
voted the heir to his brother de so he came in : Now who ever comes
in to put him out, Pray let us consider How he comes in : We have
an act of Parliam' for the one, but not for the other. It may be dan
gerous for us to do it without an Order.
M". Markham sayd: How the King came in We are not to dispute:
Thers is nobody hsrs to question How King William cams to the
Crowne. No man doubts but that he hath if: The Gov' himself does
not question it. If so, why may it not be safe for us to, yield all due
obsdisnes to him. Ws bslieve King William &> Queen Mary are the
King & Qussn of England, and so of thsss Dominions ; and sines ws
believe it, where is the prejudice in obligeing of those who would have
them declared to be so, as the Gov" hath propounded. We suppose
this Letter is come from the Secretary of State to King William.
John Simcock Replyed: How do we know that.
William Markham. The Lstter says their Majsstiss, and it can
be meant of no other. I believe it's meant of them.
John Simcock sayd: We are not to Act by fayth in this matter,
but with certaynty.
M'. Markham sayd: Since we believe it, where is the prejudice.
The Gov' proposed a methodicall way for Our declaring 'Our obedi
ence to King William and Queen Mary, and that we are wayting for

262 MINUTES OF THE
the forme & manner of proclayming them. To do this will give Sa
tisfaction to all.
Griffith Jones. I know not why we should be more forward than
our neighbors. There are two Provinces that have not. It is suffi
cient for us to proclayme him when we have orders for the doing it.
But if we should do it before, certainly we may run ourselves into
danger,1 and for my part I think, That if any thing be done about de
claring it, It is no less to me than Proclayming him. It is our part,
& enough, for us to obey the King's authority when we have it.
John Simcock. It is a trivial thing for us to declare the King till
we are Comanded.
The Gov' sayd: I think for peace sake with our neighbors &
amongst our selves, we should do it, and moved A Comittee might be
appoynted for drawing a Declaration in the name of the Gov' de
Council, <fc as their joynt agreem', That all Proces, warrants, & orders
that usually past in the King's name, be hereafter issued in the name
of their Mati88, King William and Queen Mary: And all Comissions
of officers to continue till further Orders; And named William Mark
ham, John Simcock & Jo. D'Haes a Comittee. for drawing such a
Declaration, and presenting it to the Councill to morrow morning, al
lowing aiiy other members of the Council to be present at the drawing
it, that should think fit; And therupon adjourned till to morrow morn
ing at Seaven of the Clock.

At a Council held at the Governor's Lodgeings in Philadelphia the
second day of the ninth month, 1689.
fresent :
JOHN BLACKWELL, Esq'., Governor.
Peter Alrichs, John Hill, John Bristow;,
Griffith Jones, Barth. Coppock, , Sam. Carpenter,
Luke Watson, John Simcock,, Wm. Markham, Seer*7.
John D'Haes,
The Com**88 named last night, brought in the draught of a Declara-
tion,*which was Read ;. but severall things therin objected against were
proposed to be allowed,, w8" were agreed unto, and the same being
fairly transcribed, was read'over severall times; and upon the Question
put, viz': Whether this Declaration be agreed on as now amended? It
was Resolved in the affirmative, by all the members declaring them
selves by standing up in their places, nemine contradicente, and
accordingly signed by the Gov' & Council, Which is as followeth,
viz':By the Governor & Councill of the Province of Pennsilvania and
Countyes annexed.
Upon sundry and Credible informations from England de many
other places, more especially upon perusall of a Printed paper signed

PROVINCIAL COUNCIL. 263
John Brown, Clark of the Parliament, instituted, The Declaration of
the Lords spirituall & temporall, de Comons, assembled at West
minster, bearing date the 1291 of ffebruary, 1688-9, Wherin is this
clause following, viz': The sayd Lords spirituall & temporall,' & Co
mons, assembled at Westminster, Do Resolve:
That William &c Mary, Prince de Princess of Orange, be and be
declared King and Queen of England, France & Ireland, and the
Dominions therunto belonging, To hold the Crowne and Royall Digni
ty of the sayd Kingdoms & Dominions To them, the sayd Prince de
Princess, during their lives, and the life of the Survivors of them:
And that. the sole & full Exercise of the Royall power be only in
and Executed by the sayd Prince of Orange, in the names of the sayd
Prince & Princess, during their joynt lives; and after their decease,
The sayd Crown & Royall dignity of the sayd Kingdoms &1D0-
minions to be To y8 heirs of the body of the sayd Princess, and for
dsfault of such issus, To ths Princess Ann, of Denmark, and the heirs
of her body ; And for default of such issue, to the heirs of the body
of the sayd Prince of Orange.
And the sayd Lords spirituall & temporall, and Comons, do pray
the sayd Prince and Princess of Orange to accept the same accord
ingly: And wheras, We have understood That the sayd Prince & Princess
of Orange have been since proelaymed, Crowned, and do now Reigne
accordingly : But having not hitherto Received the Proclamation to
be how published, We have therfore thought fitt by this publique in
strument, to make manifest to the world Our Loyalty & true affections
To the sayd Prince &; Princess of Orange, by acknowledgeing them
to be Our King & Queen accordingly ; And do therfore, strictly charge
& Comand all the people de inhabitants within this Government, to
yield all due & lawfull obedience unto William & Mary, King &
Queen of England, &c, as their Lawfull King and Queen. '
And it is hereby further comanded, That all Justices of ths psacs,
Sherriffs, Clerks, Coroners, and all other officers whatsoever, now in
Comission under this Government, or by the authority therof, do from
hence forward act & do al 1 things relating to their offices, in their names ;
And that all process bs issued out in their names. And it is hereby
further declared, That all officers Comissionated or impowred by this
Governm', do stand, abide & remayne in the same stations, offices
and imployments, as they were before the date herof, de so remayne
& continue untill further Order. (Roman < ' atholiques only Excepted:)
And That all proces issued out before publication herof, do remayn &
continue in full force and virtue. Dated at Philadelphia, the second
day of the ninth month, 1689. JOHN BLACKWELL, Gov'.
William Markham, John Bristow,
John Simcock, Peter Alrichs,
Sam. Carpenter, J. d'Haes,
John Hill, Griffith Jones,
Luke Watson, Barth. Coppock.

264 MINUTES OF THE
Ordered, That copyes ofthe sayd declaration be transcribed & sent
to the severall sherriffs of the rsspectivs Counties, with orders to
cause the same to be forthwith published, de at the furthest by the
next respective Court. This being over, The Governor then desired
they would have consideration of the Letter before Recited, and de
sired they would givs him thsir advics upon it.
Griffith Jones sayd : He thought we might suspend the Execution of
it for the present, being in Expectation of hearing from England :
Perhaps there will be no need of putting the Contrey to so great a
charge. We are not able to bear it unlesse there were a necessity
that required it. Let us wayt a little longer.
Jo. d'Haes. What if any hurt come in the mean time if we delay
i t. before we are prepared. I think notice should be given to all the
people to get powder & shott, and their armes, in a readiness against
there be occasion. That will do no hurt.
John Simcock. I see no danger but from the Bears & wolves. We
are well, & in peace & quiet : Let us Keep ourselves so. I know not
but a peaceable spirit, de that will do well. For my part I am against
it clearly: and; Governor, If we refuse to do it, Thou wilt be Excused.
John Hill. He thought if we should put ourselves into Armes,
The Indians would rise against us, suspecting we intended harm to
them. I desire, therfore, we may forbeare till we heare out of Eng
land. Luke Watson. You having (Governor) received such orders from
the King, If the thing be not done, & any hurt come to the Contrey,
for my part I think he may require our lives and Estates at our hands.
Twenty men, as things now are, may come & do what they will. I
look upon it That you should settle a Militia to defend his Mati88 Sub
jects, according to his directions from Whitehall.
Griffith Jones, Besides repeating what he sayd before, sayd: He
desired the Countrey might not be put to those charges. It willbe look
ed upon as very grievous de burthensome.
Here the Governor read the clauses of Power given to the Proprie
tor by the King's Grant to him, dec.
John Simcock sayd: He was against it; Expressing that what was
granted by the King to the Proprietor was but a lease to him that he
might do it; and sayd, I will have no hand in it.
Luke Watson. The people in ths contrey look upon themselves to
be in danger, and desire they may be put into a condition to defend
themselves,- &c
John Hill answered: I will ingage they will not appeare one in five
upon traynings.
Wm. Markham. My opinion is That- we ought to havs our armes
as well fixed & prepared in time of peace as warr, for we know not
how soon warr may come upon us, especially in this countrey, where
we have such sort of people amongst us. And whether it be come or
not, &c. I allways keep my owne armes prepared.
Griffith Jones. ¦ Every one that will may provide his armes. My
opinion is that it be left to the discretion of the Governor to do what
he shall judge necessary.

PROVINCIAL COUNCIL. 265
Sam. Carpenter. I am not against those that will put themselves
into defence, but it being contrary to the judgm* of a great part of the
people, & my owne to, I cannot advise to the thing, nor Express my
liking it. The King of England Knows the judgsm' of quaksrs in this
case before Governor Penn had his patent. But if we must be forced
to it, I suppose we shall rather choose to suffer than to do it, as we
have done formsrly.
Barth. Coppock. I am of ths sams opinion w"1 Sam. Carpenter in
what he spake last.
Gr. Jones Proposed againe, That they would referr it to the Gov™
discretion to do what was- fit de necessary in the case ; to which some
others seemed to agree. Wherupon, the Governor spake to the Se
cretary to draw a Question to be put for that purpose.
John Simcock de Sam11 Carpenter declared against. that, conceiving
it might be prejudicial to them to be otherwise than passivs in ths
matter; so no Question could be agreed upon.
The Governor therfore adjourned the debate, to the 2d day of next
week.

At a Councill held at the Gov™ Lodgings in Philadelphia the fourth
day of the nine month, 1689. present :
JOHN BLACKWELL, Esq'., Governor.
Sam. Carpenter, John Simcock, Griffith Jones,
Peter Alrichs, John Bristow, Luke Watson,
John D'Haes, Barth. Coppock John Hill.
The Gov' acquainted them, That having adjourned the debate of
the last meeting upon the Letter till this morning, He hoped they
would now come to a resolution upon it. And in order to their better
apprehending the true sense of the 7a Article or paragraph of the
Charter of Libertyes, formerly read to them upon this Debate, (wherin
it is sayd, That the Governor and Provinciall Councill shall at all
times have the care of the peace afid safety ofthe Province,) He Read
unto them the Preamble of the two Acts of Parliam' past in Engld,
touching the King's sole de supreame Right & power in & about the
ordering of the Militia within all his Mati88 Realms & Dominions, the
one past in the 13*11 year of the late King Charles the 2d, cap. 6. inti-
tled, The Militia Declared to be in the King. The other in the 14*h
year of the same King, cap. 3°, Intitled, F°r Ordering the Forces in
the severall Countyes of this Kingdom. Wherin, amongst other things,
It is Exprest That both, or either of the houses of Parliam', can not
nor ought to pretend to the same, &c. And observed and Argued
therupon, That if both the houses of Parliam' of England could not,
much lesse could the Provinciall Councill of this Province clayme
any Interest in ordering the militia, when the King, by his Letters
23

266 MINUTES OF THE
patents under the great seale, had deligated his power to the Proprie
tor and his heirs, to Exsrciss ths same in this Province.
The Gov' also observed to them,, That the Charter of priviliges
granted by the Proprietor to the people, was limited de qualifyedby
this Expression in the preamble therof, viz':' (so farr as in him lyeth,)
and [according to the powers ofthe Patent.] And That By alaw past in
this Province, Intitled An act of Settlement, This clause is conteyn-
ed, viz': Be it Inacted by the authority aforesd, That the Gov'de Pro
vinciall Councill shall haye power of preparing de proposing to the
Genii. Assembly, All such bills which they shall joyntly assent to
de think fit to have past into Laws, in the sayd Province de tsrritoryes
therof, that are not inconsistent with, but according to the powsrs
granted by the King's Letters Patents to the Prdprietaryde Governor,,
So that he conceived It was not in the Proprietor's poweMo subject-
or Expose the King's Province to the hazard of being delivered up or
lost to any invaders what so ever : And that therfore, the sayd 7th Ar
ticle of the Charter of Privileges ought not to be so construed as that
the., Governor without the Councill, could not use Armes for its De
fence. And That the King being sensible of danger approaching by
the ffrench, had Ordered in his Letter aforesayd, That ths Proprie
tor, and in his absence The Gov' or Comander in chief of this Pro
vince, should have notice of his intended warr with France, That they
might with all possible diligence take effectuall care for the opposing
and resisting any attempt of the French upon this, his Ma'ti88 Province
of Pensilvania, dec. '
That this could not be done by the Proprietor's or Gov™ owne hands,
but needed the advice & assistance of the Council, de people inhabit
ing here. That the Constituting of the Proprietor & his bsirs by his
Ma'ti88 Captain Gen", with powers, by themselves or their Captains, or
other their officers, To Levy, muster de tray ne all sorts of men, of what
condition or where so ever borne, in the sayd Province, for the time
being, and to make warr de pursue his enimyes, dec, And to do all
& every other thing w8h unto the charge de office of a Capt. Gen" of
an Army belongeth, or hath accustomed to belong, as fully & freely
as any Capt. Geall. of an Army hath ever had the same, (w8" are the
Expresse words of the King's Grant, and were read unto them,) im-
plyetha great confidence his Ma'y Reposed in the Proprietor; and also,
a Condition of y8 Grant of the Province; and a fay lor herin might
prove a forfeiture. Especially, for that the King hath been pleased
to give notice of the danger to the Proprietor, Which though per
haps we could not see, we were to believe, and give his Ma*7 thanks
that hs is pleased to be so mindfull of our security, and to notify to us
our danger, in order to our providing against it.
The Gov' also recited to them a further clause in his late Ma*5" sayd
Lrs. Pattents, to this purpose, viz': And for as much as in the Go
vernm' of so great a Contrey, suddain accidents do often happen,
wherunto it will be necessary to apply remedy before the freeholders
ofthe sayd Province, or their deligates or deputyes, can be assembled
to the making of Laws: Neither will it be convenient That instantly
upon every such imergent occasion, so great a multitude should be

PROVINCIAL COUNCIL. 267
called together: Therfore, ffor the better Governm' of the sayd Con
trey, We will and Ordayn, And by these presents, for us, our heirs de
Successors, do Grant unto the sayd William Penn and his heirs, by
themselves or by their magistrates de officers in that behalf, duly to
be ordayned as aforesayd; To make and Constitute fit de wholsome
ordinances from time to time, within y" sayd Contrey, to be kept and
observed, as well for the preservation of the peace as for the better
Governm' of the people there inhabiting, and publiquely to notify the
same to all persons whom the same doth or may any wayes concerne,
which Ordinances Our will de pleasure is, shall be observed inviola
bly within the sayd Province, under payns therin to be Expressed, So
as the sayd Ordinances be consonant to reason, and not repugnant nor
contrary, but so far as conveniently may be, agreeable with the Laws
of Our Kingdom of England: And so as the sayd Ordinances be not
extended in any sort to binde, change, or take away the Right or in
terest of any person or persons, for or in their life members, ffreehold,
goods or chattels.
The Governor also Proposed to themthe consideration of the care
taken in all other his Mafies Territoryes & dominions about the setting de
ordering their Militias, and particularly the Laws past for that purpose
in this Province de whilest it was united to New York and the Jarseys,
under the Governm' of his late Royall Highnesse the Duke of York,
before his Ma*188 Grant of this Province to the Proprietor, and that he
could not tell how to answer the neglect of making due de necessary
preparations for defence of the Province & people comitted to his Go
vernm': And upon the whole, prayed them They would bs vsry
ssrious & sotemns in ths debate & consideration of these matters : for
that hs must returne an answer of ths letter de signify his proceedings
by the firstopportunity of Conveyance. And ffor as much as at the last
meeting of the Councill, It had been by some of them moved, (That
since divsrs of thsm could not by their principles consent to or be
active in the directing or ordering any thing of this nature,) That they
would cast it off' from themselves and leave it to the Gov™ discretion
to give such answer to the sayd Letter, and to act therupon as was
requisit, He Proposed this Question to be debated, viz':
Whether It should be left to the Gov™ discretion to pursue & put in
Execution ths King's directions signified in the saydLetter, according
to the clauses of powers given to the Proprietor in the Letters Patents
from his late Maty. King Charles the second, ofthe Grant of this Pro
vince to the Proprietor, in order to the defence of this Province against
the ffrench or any other invader of this Province de Countyes an
nexed, in all thihgs as neare as may be according 'to the Laws of
England and of this Province whilest under the Governm' of his late'
Royall Highnesse the Duke of York, &c.
John Simcock sayd, We can neither offensively nor defensively take
Armes. We would not be understood to tye others' hands; they may-
do every One what they please. We do not take upon us to hinder
any. I do not think The Gov' need to call us together in this matter.
We can not at all Question the power of the Governor. It is a thing
too hard for us to meddle with ; and so we leave it.

268 MINUTES OF THE
Griffith Jones sayd, The case is hard. I desire to be passive <fe not
to concern my self in it, either to give a negative or affirmative. God
has preserved his people in times past, and as I would not hinder, but
pay all respects to the King de Governor, So I desire to be excused
from the question, One way or other. I do it not to refrayne eharges,
but cannot give advice what to do in it. I believe, were there other
Quakers here, they would all say They had no advice to give: And
therfore, As we leave the Gov' to his own discretion, de others to do as
they see cause wm safety to themselves, So we desire the Gov" will
let this Question fall.
John Hill sayd: my desire is, That no compulsion be upon those that
are of tender consciences : but that it be left to the Gov* to do as he
pleases, and to take the care of it himself.
John Bristow sayd: I believe the power is in the King de by him de
rived to the Governor; but there must be' reason de cause for it. I do
not see but we are in peace, and so are like to be.
John D'Haes sayd : I think it needfull that evsry man do get his
Armes ready, and furnish himself with powdsr de bullet, to bs used
if there be occasion.
Peter Alrichs sayd : I am for it, That the Gov' do what he. pleases.
Some Regard must be had to the King's Letter.
Luke Watson sayd : I suppose the whole power is in the King &
you as Governor, and I desire That you will A6t & do according to
the Law of England and other places, for I do not think ourselves
safe. The Gov" proposed The Question might be put as is before Exprest,
reading the same to them: But that being spoken against by severall,
He proposed then That the Question should be put, Whether that
Question should be put or no.
John'Sfmcock desired That him self de some others might be per
mitted to withdraw for a while to consult by themselves; Which
(though un-usuall) for their satisfaction, The Gov' admitted it.
Wherupon He, the sayd John Simcock,. John Bristow, Barth. Cop
pock, Griffith Jones, and Sam" Carpenter withdrew, and after a while
came in againe, And The sayd John Simcock, in behalf of himself and
the Rest, sayd as followeth, viz':
We would not tye others' hands, But We cannot Act. We would
not take upon us to hinder any, And do not think the Gov' need
to call us together in this matter.
Sam. Carpenter sayd: We can not vote One way or other to either
of the Questions, Ws say nothing against it, in regard it is a matter
of conscience to us. I had rather be ruined than violate my conscience
m this case. We do not take upon us to hinder any. I do not think
the Gov' need to call us together in this matter ; And therfore we de
sire we may be no farther prest in this matter.
Griffith Jones added: I hope the Gov' will not impose that which he
would not have imposed upon himself if his Conscience were against
the thing. We leave it to the Gov™ discretion, who knows betterthan
we how to answer the King's Comands by his Letter ; and doubt not but

PROVINCIAL COUNCIL. 269
he will make a fayre Representation of us to the. King as to this
matter. The Gov' Replyed: He lookd upon it as a civill thing belonging to
the Civill magistrate's power ; and declared, That if hs should taks
up any opinion in civill matters against the Laws, peacs & safety of
ths Contrey, If hs could not act, he,should hould himself bound to
be passive: and in case a Comon charge were required, he should not
scruple to pay his share therof for the safety of the Contrey where
he should dwell, and preserving it against all invaders ; But,
In as much as they declyned any advice or assistance, and had de
clared so generall a voyce to leave the matter to his discretion, He
would consider what was his duty in the case, and Act after the best
manner he could accordingly, for the preservation of the whole, with
out further pressing them on this occasion. And That By the first
opportunity, he would .give account of his Actions to the Secretary of
state, and the Honb18 Proprietor of this Province, his Master.
A Petition was presented to this board from Tho. Harris, praying
an Appeale might be granted from the County Court of New Castle,
after Judgm' dt Execution, both in law and equity: But for as much
as the sayd Court saw no cause to allow any, nor was any sufficient
cause alleged, Upon the Question put, Whetber it should be admitted,
&; the matter Reheard at this board, It was carryed in the negative.
A Petition was likewise exhibited to this board from Wolto Raw-
son, setting forth That he was distreyned upon by Cornelius Empson,
for Contrey Rates, in the County of New Castle, Wheras his Lands
lay in the County of Chester, where he had allwayes till then been
Rated de payd, dec.
It was Ordered, That he continue to pay in the County of Ches
ter untill, the Two Countyes shall have tbe Moors of the sayd Coun
tyes otherwise determined, And that the Justices of New Castle do
order the Restoring of the distresse taken by Empson,
A like petition was Exhibited from Wm. Clowd, upon like cause
of distresse, And it was Ordered in his behalf as in Wolto Rawson's.
- The Gov' proposed That either the members of the Councill
would give their constant attendance, according to the Provision made
by the Law, viz : one out of each County ; or at least that they would!
agree de order, (and it was accordingly agreed and ordered, nemine
Contradicente,) That in case the Gov' should see cause at any time
or times herafter; to Sumon a Councill, the charges of conveying all
Sumon's should be borne de payd to the Secretary by an equall appor
tioning the sayd whole charge upon each County; And That the mem
bers of the Councill that should appeare, should disburse the same to
the Secretary, at their meeting therupon, and should afterwards Levy
the same by a County Rate, for their Re-imbursement.
Wherupon, The Gov" dismist the Councill from their further attend
ance for the present, and untill nsw Sumons..
23i*

270 MINUTES OF THE December y8 13, 1689.
Vpon a pacquits arrivall this Day ffrom y8 Proprietary, Directed
to y8 Gover", he ordered a Councill should be Summonsed to meet in
Philadelphia y8 31 Ins'.
At a Councill held in y8 Councill Roome at Philadelphia y8 31 of
y8 11* Mo,, 1689. • i
present :
JO" BLACKWELL, Esq'., Gover'.
Jn". Symcock, John Bristow, Jo" Hill,
Griff Jones, Wm. Stockdale, Wm. Markham, Sec*7.
Sam" Carpenter,
The Goveri Supposeing more members of Councill would be in
towne to morrow, the weather being bad might hinder their traveling,
Adjorned till then, two in y8 afternoon.

At a Councill held in y8 Council! Roome at Philadelphia y8 ffiTst
of y8 Eleventh month, 1689-90. PRESENT :
JO" BLACKWELL, Esq'., Gover'.
Tho. Lloyd, Bart. Coppock, Griff. Jones,
Jn° Eckly, Jo" Symcock, Sam" Carpenter.
Sam" Richardson, Wm. Clark, Jn°. Hill,
Wm. Stockdale, Jo" Bristow, Wm. Markham..
After y8 Gover' had Apologized for haveing his Speach in writing,
and had read y8 same, wcn ffollows verbatim, viz:
Gent. I had not Called you together at this unseasonable time of
y8 year, had not the Extraordinary occasion which I shall acquaint you
with all, Required it, w8" is indeed Such wherein as well my owne in-
teres, peace and Comfort, as your Contentment, are Concerned. I
shall not Spend more time in Digressing of witholding the mutuall
Satisfaction this meeting will afford vs, Then I Judg necessary/ (as
introductive to y8 Communicating of what I have vpon me to Say
vnto you.)
My manner of Entrance and being received amongst you in this
place is Knowne to Divers of you, and by what authority and Com-
mission I was Constituted Gover1 of this Province, dec, vnder y8 Ab
solute Proprietary & his heirs. I Tould you fformerly, (at what
time I began to bs Sensible of some of your ill resentments of me,)
that I sought not to be your Gover': But it arose ffrome y8 mere
good will and Pleasure of y8 Proprietor to propose and require that
Service of me, by his Comission sent me to new England, (with In
structions bearing date y8 12" day of y8 5° Mo., Called July, 1688,)
whlch * have heard some °f you have sayd 'twas but probationary.
*This should be the tenth month.

PROVINCIAL COUNCIL. 271
As I never looked vpon it as an Inheritance, so I am Sure I Cams on
no othsr terms of my makeing or accepting then to dos you ssrvics
at his Request, w*" 1 havs Diligsntly and ffaithfully (according to y8
best of my vndsrstanding,) indsavoredto manifest, my Conscience not
vpbrayding me, w8" I shall willingly doe in any Capacity rather then
this Highest.
I Came (indeed) with full purpose of Returning before y8 advance
of y8 Last Summer's Season, but such has been y8 state of Publick
affayresas Inginuity would not permitt me to leave y8 trust Commit
ted to me whilst my master was vnder any Evill Circumstances, (by
y8 Late revolutions,) without his ffree Concent and Directions about
your future Settlement, w* I have now Received.
How vneasy my Continuance has been to some of you has been
Represented to me by their writing ; How bUrthensome to my selfe,
my Spiritt has frequently dictated ; my tougne has- (perhaps) over
Concernedly Exprcsssd to othsrs of your sslvss, and my Ssverall
Letters of Complaint Of y8 Insupportableness of it, and my repeated
Requesting of y8 Hob'8 Proprietor to be Released therefrom are Wit
nesses ; So I have tsstimonyes not only within myselfe, but in some
of your brests,also in y8 Proprietor's hands, and some of my near rela
tions imployed therein, to whome I perticularized y8 promoting grounds
and Reasons thereof, w* will sufficiently sfince y8 Sincerity of toy
Heart in desireing to be acquited therefrom, and which I hope I shall
Confirme to you Ere I have done.
The Proprietor has been pleased very kindfy to Resent w' I have
written ofy,' nature, (as his Letters to me of Severall dates, but Com-
. ing alltogether in one paquit by this Last Conveyance, doe Satisfie
me,) ffor w8"1 1 shall returne him my Sutable thanks. But withall, he
has given me a touch of Some representations that have Come to him
hence concerning me, and what a Spiritt has been raysed in ffrinds to
his Disquietm' there vpon y' acco' vnder his present afflictive circum
stances, w811 I am very Sory ffor, but shall not Trouble you with y8
Particulars, or my Sence of y8 Procuring Cause thereoff at present.
'Tis enough ffor me to hint those things to you, who must needs
know of„Them, at least Some of you, so I shall not in ye Least Dis
turb y8 Serenity of my owne minde, or Discompose you (ffrom a joy
full reception of y8 message I have to Deliver you) by any remarks
therevpon, or give you ffurther occasion of Representing me a griev
ance to him in any sort.
'Tis a good day. I have given de I doe unfeignedly give God thanks
for it, (w8b are not vayne words,) for to Say no worse I was very
vnequally Yoaked: and it being y8' Day of my Redemption from that
Groaning, (I say,) I shall not grieve any of you, Neither Shall I De-
teyne you longer in this porch.
Gent., I have Severall things to Communicate to you, by Command
of y8 Proprietor, whereof these at present, viz':
ffirst, the Declaration of his selves to you and y8 people in Gener8",
with his ffervent resolutions to be with you by God's hand and help,
by y very ffirst Door y' his Providence opens, and his Sincere prayers

272 MINUTES OF THE
to God for all your prosperity, wishing peace and happyness to abound
among you everyway.
Nextly, that y8 Consideration of my repeated desires to leave a
Station y' is So vneasie to Keep and Execute, has at Last brought
him to resolve, tho' with reluctancy, (as he is pleased' to his Express
himselfe,) to answer my Request, and Ease me of that burthen. But
upon y8 terms of takeing me Jo himselfe, dec.,, wherein he has made
very kinde proposalls to me, and Sent me over- Severall Commissions
de Instructions, wch, when I Judg Ssasonabls to Ingagsdn, I shall
Communicate vnto you. And lastly, tolstt you know that I quit y8
place of Govsr' as a man that sought to be discharged from it.
* In pvrsuance whereof, this being y8 place where, (after some debate
amongst your selves,) you Declared your acquiesceing w*" my Go
vernm', I doe here with all heartiness, declare my Rejoycing in y8 Op
portunity and leave I have of Resigning andSurrenderingitvp. And
I doe accordingly very ffreely and ffully resigne and Surrender all y8
powers and authorityes in my Commission apd Instructions ffrom y8
Honb18 Proprietor, given me as Gover', into your hands and accept
ance, viz: to y8 Provinciall. Councill.
And ffor y' you are ffallen into times of difficulties and Danger,
(perhaps greater than gome of you are aware of,) I Doe and Shall
pray y8 Lord y8 God of all wisdorhe, that hs would gratiously En
lighten your minds, and ovsr rale your debates and Counsels, in and
vnto Such wayes of truth, wisdome, quietness and agreement with
«his will, and one with another, as may Conduce with his 'glory, the
Hon' of Their Maj*' our Most Gracious King de Quesn, the Security
of Their Province and territoryes ,the Interest and Rejoyceing ofthe
Proprietor's heart and worthy ffamily, and y Generall good, happi
ness and prosperity of y8 people of all perswasions now Committed to
your Charge ; and that he will alsoe Indow you w*" Courage and re
solution proportionable to y8 Trust and Station you are Sett in ; that
Impartial! Justice may run with a mighty Streame ffrom your admin
istrations amongst them, to y8 terrour of Evil doers, and prayse of all
,„ others. Gent.,Ibegg your pardon of my Ignorancss & wsaknesses; (I call
my doings so, for y' I bless God I am not vnder any Conviction of
haveing wickedly Departed ffrom y8 Rule of my Duty therein;) I mean
your Charter and Laws, so ffarr as they have ffoundation in y8 King's
Patent, and are not contrary to y8 Laws of England. I begg also yo'
acceptance of my vnfeigned thanks ffor what Respects you have
shewed me in y8 advices and assistances you have Supplyed vnto me,
as I doe also fforgive y8 Disrespects & neglects of any persons in this
Government ; andLastly, I assure you that though I have not been ac
ceptable to you as yo' Gover', ffrom y8 very ffirst day you saw me,
(wherof I was Early made Sensible,) I will indeavour to improve these
faylors to the approveing myselfe a Pattern and instance of personate
hutoble deference, Submission and Obedience to those who Succeed me
in y8 Governm' whilst I Remaine amongst you, which y8 vnfitness of y"
Season de Danger of my age and Constitution, to travell so long a jorney

PROVINCIAL COUNCIL. 273
as to y8 place whence I Cams, will probably Constrayn me vnto Some
months. Gent : I now both voluntarily and ffreely quit this Seat, to be
ffild vp as by these two Commissions: (which I here deliver to you
ffrom y8 Proprietor:) In order to your Consideration whereof I think
it my Duty to give you his owne words Concerning them, which are
these, viz:
[I have Sent two Commissions about Settling y8 Governm' there in
a condition that may please y8 Generallity. Let them be y8 Choosers,
Either of Them shall satisfis me.] By which you See how much his
heart is Sett vpon your agreeing one with an other, not offering vio
lence by Imposeing vpon y8 Lesser number. He proposes that y8
Generallity be y8 Choosers, net y8 bare majorrity, and give me leave
to tell you ffrom my owne Experience, 'twere yet better if you Could
gaine y8 universality ffor what you shall pitch upon as things now
stand, for 'tis Harmony must be your strength and Continuance, and
a'Smati Complaint added to this Change of y8 Hands, will argue you
to have Little regard to y8 Proprietor's present ill circumstances, and
shake your whole ffoundation.
Here is also a Letter directed to you, w8" I Received in my Paquet
ffrom y° Proprietor, and when I vnderstand you have so made your
Election, and Settled y8 Deputation according to these Commissions,
I shall ffurther address to you in what I shall conceive propper ffor
your respective Cognizance relating toy8 Proprietor's Service, agreea
ble to what ffurther Instructions I have ffrom him. And if I may be
any way Serviceable to him or you whilst I remaine in these parts,
be pleased to honor me w"1 your Commands. In y8 meantime I take
my leave of you, and pray y8 Lord be w'b you.
The Gover" Then with drew, and then was Read by ye Secretary
two Commissions ffrom William Penn, absolute Proprietary of y8
Province of Pennsilvania de Countys annexed, to y8 Provinciall Coun
cill, w^ are as ffolloweth verbatim, viz :
x£&&> WILLIAM PENN, Absolute Proprietary of The Pro-
^»mli& vince of Pennsilvania & Countys annexed, To his Trusty
~ _ f beloved ffriends, The Provinciall Councill ffor y8 Province
f?* of Pennsylvania, dec, Greeting :
Since the, Providence of God hath disappoynted my reall In
tentions and Ernest Inclinations of Coming to yOu for some time
longer, and toy8 End y8 Inhabitants thereof may be assured I have
and Seek noe other Interest then what is agreeable with theirs, I doe
Consent that you please yourselves, & therefore doe hereby Impower
you to Chuse Three persons within y8 said Province or Countys an
nexed, to present to me by y8 very ffirst opportunity, out of w8*1 1 Shall
Chuse one ffor my Deputy or Lieftenant Gover'; and till my mind
therein is Knowne, I Doe hereby order that he that has y8 most votes,
or is ffirst Chosen by you, shall ffrom y8 time of yo' Choice Act as
my Deputy or Lieftenant Governor, over y8 said Province & Ter
ritorys, according to y8 Power and Limitation of fformer Commissions,
you takeing Care to Supporthimin y' Capacity, Revoking all fformer

274 MINUTES OF THE
Commissions to any Else granted, and Requiring all persons concern
ed to give him that Respect due to his high station. Given at London,
y8 25*" day of y8 7"1 Mo., 1689.
7 WM. PENN.
WILLIAM PENN, absolute Proprietary of The Pro-
; vince of Pennsilvania and Counties annexed, To his Trusty
> and Beloved ffriends, the Provinciall Councill ffor y8 Pro
vince of Pennsilvania, dec, Greeting.
Since y8 Providence of God hath disappoynted my reall inten
tions and Earnest inclinations of Coming to you for some time
longer, and to, the End y8 Inhabitants; thereof may be assured ;I have
and Seek no other Interest then what# is agreable to theirs, I have
thought ffitt to appoynt you my Deputy and Lieftenant in Govern
ment, and do accordingly hereby Constitute you my Deputy, to act
and doe in all things, in my name and Stead, according to y8 power
and Limitation of fformer Commissions.. I Doe also Impower you
to Elect y8 President ffrom time to time, as you se Cause, so as he
and you Exactly answer y8 Charter and Laws of y* Country, Requir
ing all persons Concerned to give you y8 Respsct dus to your high
station, wob Commission shall Continue so long as I shall See Conve
nient. Given at London, this •25'" of y8 7th month, 1689.
WM. PENN. ,
Then was Read a Lett' ffrom y8' Proprietary, bearing date y8i12lfc
ofy8 6th Mo., 1689, w* follows verbatim :
ffriends, I heartily wish you all well,, and beseech God to guide you:
in y8 ways of Righteousness and peace, I have thought ffitt vpon my
ffurther Stopp in these parts, to throw all into your hands, that you
may all See the Confidence I have in you, and the desire I have to
give you all possible Contentment. I Doe Earnestly press your Con
stant attendance vpony8 Governm', andy8 Diligent persuit of peace de
Vertue, and God almighty Strengthen your hands in so good, a
work. I also Recommendto you the perticular Discipine of That Towne you
meet in, that sobriety de Gravitte be maintained,, and Authority Kept
in Respect. As it Corns ia your way, Countenance my Officers in:
Collecting my Small Rtevsnue^.
Letty8 ^aws you pass hold so long only as I shall nbt Dsclarc my
Disssnt, that so my Share may not be Excluded, or I ffinally Conclud
ed, without my notice : in ffine, lett them be Confirmable by me, as
you will See by y8 Commission I Left when I Left the Province.
And if you Desire a Dsp* Gover" rather, nams Thres, or ftive, and
I shall name one of Them, so as you Consider of a Comfortable sub
stance, that y8 Governm' may not go a begging. I do not this to be a
binding president; but to give you and y8 people you rspresent the
fullest pledges I an able at this Distance, of my regard to them. What
Ever you do, I desire, beseech & Charge you all to avoyd fractions
and parties, Whisperings & reportings, and all animosities, that put
ting yo' Common Shoulder to y8 Publick work* you may have The

PROVINCIAL COUNCIL. 275
Reward of Good men de Patriots, and so Ibid you heartily ffairewsll.
Givsn at London, This 12'" of y8 6th Mo., 1689-
W. PENN.
W. -P. P. G.
To my Trusty and wsll bslovsd ffrisnds, y8 Provinciall
Councill at Philadelphia, in Pennsilvania.
By Ed. Blackfan.
The membsrs of Councill present being unwilling to Enter Imme
diately vpon debate w8"1 of The two foregoing Commissions is most
requisite should be put in Execution, did vnanimously agree at this
time to Depart, and to meet againe 'to morrow, at nine in y8 ffore
noon.

At a Mesting of y8 Msmbers of Councill in y8 Councill Roome, y"
2d 11 lHo., 1689-90. PRESENT I
Tho. Lloyd, Barth. Coppock, Wm. Stockdale,
Jo° Symcock, Jo" Bristow, Sam. Carpenter,
Jo" Eckly, Grif. Jones, Jo" Hill,
Sam. Richards, Wm. Clark, Wm. Markham, Se.
It was Debated w80 of y8 Two Commissions that was Read ysster-
day should be put in Execution, and Resolved vnanimously, that y"
Commission w8" Impowred y8 Councill to be Deputy Gover" or Leive-
tenant, to be accepted: accordingly, y8 Councill Elected Thomas Lloyd
President. It was put to y8 vote whether the other Commission should
bs Canciled or not: Carried in y8 affirmative, N. C. D., and was ac
cordingly Cahciled at y8 board.
Then was Read this ffollowihg Clause in a Letter from the Proprie
tary to his Commissioners of The same, viz :
Whereas, there is 6001b. due to me, w8" has been neglected or re
fused to be paid, if y8 Province will build me an house in the City ffor
my reception, vpon my Lott, Leaveing me to maks additions hereaf-
ter, if there bs occasion, I hops to be there as soon as that is ffinished.
I have sent Capt. Wm. Markham my model Or stock, y Three Planta
tions of my Three Children, w'° Each two Hundred pounds^ w80 Comes
to y8 sum, I shall take it well, and this may be sooner apd'safer done
y" returning me y' sum, tho' here it would have done me most good.
The Petion of Thomas ffairman was Rsad, sstting forth his greivance
ffrom y8 County Court of Philadelphia, in y8 Case between him de
Mary Jeffs, wherevpon it was ordered y' y8 County Record be brought
to y" Councill, to Exammine y8 proceedings in that Case.
Adjorned to Nathh Ibel's house, y8 season being very Cold.
The Secretary was Ord01 to acquaint Jo" Blackwell, Esq"., y8 Late
Gover", in writeing, of ths Board's Rsadiness toyReeeivs any thing

276 MINUTES OF THE
ffrom him Communicative to them, and to wayt vpon him with it
himselfe, w8*1 was accordingly done, and it is as ffolloweth, viZ:
1 Sir: The Councill has this morning vnanimously accepted of y8
Commission Impowring y8 Provinciall Councill to be Dep'y Gover" or
Leiu', and have accordingly made Choyce of Thomas Lloyd to be
president, and vnder that fforme, y8 Provinciall Councill is Ready to
Receive what you have to Communicate to them.
I am, S", your Humble serv',
WM. MARKHAM.
Wherevpon y8 Said Blackwell, late Gover", attended w01 ye Secre
tary, Came to y8 Councill, and after Congratulation, presented them
with Instructions ffrom y8 Proprietary, and an abstract of Severall In
structions ffrom ye Proprietary to himselfe in private Lstters; both
w°° are here at large sett downe, verbatim :
Instructions ffor L' Governo" Blackwell, or whome else it may Con-
cerne.
First: that things be transacted in my Name, viz: Absolute Pro
prietary of Pennsilvania, (provided it agrees with our Charter and
Laws, as I think it dos,) &c. ;
2. That all Commissions Signed by me and seated here with y8 Les
ser Seal, be taken ffor Sufficient, warr'8 de Directions ffor passing them
vnder y8 broad seal, without any other Instrument of Authority.
3. Thirdly: to Collect y8 Laws that are in Being, and send them
over to me in a stitcht book, by y8 very ffirst opportunity, which I
have so often, and so much in vaine, desired.
4. To be Carefull that Speedy, as well as through and Impartial!
Justice, be done; Virtue in all Cherished, de vice in all punisht.
5. That ffines be in proportion both of y8 ffault and ability of y8
party, y' so they may be paid.
6. That ffewds between perswasions or Nations, or Counties, be
Suppressed & Extinguished, if any be, & if none, that by a good Con
duct they may be prevented.
7. That y8 Widdows, Orphans, and Absent, may be perticularly
Regarded in their Right, ffor their Cry will be Loudest in all Eares ;
but by Absent I mean Such as are so by Necessity.
8. To Countenance y8 Comm™ of Propriety, where land is vnseated, /
or people are vnruly in their settlements, or Comply not w,b reasona
ble Obligations about bounds, banks Timber, &c. ffor tho' wee Came
to a wilderness, it was not that wee should Continue it so.
9. That y8 Sheriffs of y8 Respective Counties be Charged w"1 The
Receipt of my rents, ffines, dec, as they doe in England, de give Se
curity, to y8 Receiver Generall ffor y8same.
10. To have a Speeiall Care that Sheriffs de Clarks of y8 peace
Impose not vpony8 people, and that y8 magistrates live peaceably &
soberly, ffor I would not Endure one loose or litigious person in Au
thority; Lett them be men haveing some ffear of God, and hateing
coveteousness, whatever be their persuasions : to Employ others is to
prophane an Ordinance of God.
11. That Care be taken ofy8 Roads and Highways iny8 Country,

PROVINCIAL COUNCIL. 277
that they may be straight de Commodious ffor Travellers ; ffor I vn-
derstand thsy are turnsd about by y8 planters, w* is a mischief y1
must not hs sndursd.
12. Ruls y8 meek meskly, and those that will not so be Ruled rule
w" Authority; And God Almighty prosper all honest and prudent En
deavours. Lastly: Consider by what means or methods y8 Good and pros
perity of y8 Plantation may bs promoted, and what Laws in being
are vnnecessary or Defective, and what are wanting, and in Each par
ticular hereoff, Lstt me havs advics as Distinctly and as speedily as
may be.
Given at London, y8 25th day of y'T* Mo., 1689, was signed
WM. PENN.
An Abstract of Sevsrall Instructions Rscomended to me by y8 Pro
prietor, Directed with Relation to y8 Governm' whilst I was Gover", Lt.
Gover" de Deputy Gover" of this Province of Pennsilvania.
[In his Letf 11 2 m., 1689.]
There is a Cause ofy8 widdow Jeffs, in which I have been prest: I Doe
desire y' shee may have justice Showne her, and as much mercy
& Kindness as can be with justice to those Concerned with her.
Also that y8 Concerns of Henry Patrick may not be lost, Richd Noble
was Intrusted.
[in his Lett. 11 6 mo. 1689.]
Countenance y8 Interest of Widdow Whitpaine and her husband's
Creditors, all that is possible in justice; the Hono" of y8 Province is
Concerned in it.
[in his Lett. 25 7 mo., 1689.]
I must Recommend to y8 Governm' y8 Care of y8 widdo Jeffs de
Whitpaine, in which, believe me, y8 Honour of y8 Province is Deeply
Concerned, Especially y8 Latter, because of her husband's Creditors,
whose Expectations are much ffor you there.
Sam" Hersent left a Child there that was at my Charge, but I think
ought to be mantayned by y8 Community. It is y8 Grandmother's
desire he should be sent over by the ffirst Opportunity y* is safe, as if
There Come a fleet with a Convoy ffrom Virginia or New York.
I would be as Little Rigorous as possible ; And doe desire thee, by
all y8 Obligation I and my present Circumstances can have vpon thee,
to Desist y8 prosecution of T. L. I intirely Know y8 person both in
his Weakness and Accomplishment, and would thee End ye Dispute
between you two, vpon my Single Request de Command, and that
fformer inconveniences be Rather mended then punished.
P. S. Salute me to y* people in Gene": pray send for J. Simcock,
A. Cock, Jn°Eoklede Sam" Carpenter, and Lett them Dispose T. L.
& Sa. Richardson to that Complying temper that may tend to that
loeving & serious accord y' becomes such a, Governm'; vale.
Ex", p. me,
JOHN BLACKWELL.
2d 11,1689. 24

¦279 MINUTES OF THE
Ordered y' y8 Secretary Deliver to ye Keeper vpon his Demand, y8
Commission this day accepted off by P" Councill, Impowring them to
be Deputy Gover" or Leiu', inordsrtoy8 Ksspsr's passing it vndsry8
hroadNseale. The Secretary Read.a paragraph of a Letter ffrom y" Proprietary
to him, bearing date y8 13 2d Mo., 1689, viz:
Pray represent to y8 Deputy Gover" & Provinciall Councill, the In
vasion and oppression of those that Except against any man being
Chosen a member of Councill or Assembly that is in my service,
though it appear y'they are otherwise good and Honest men: is there
not y8 same Reason to refuse them their votes that Choose their
Landlords, Customers, masters or Relations, ffor y8 Reason is rather
Stronger: is my Interest already rendered so opposite to y8 Country's,
and I and those Imployed by me, become such ill men y' it is Impossi
ble they Can serve y8 Country and me together? I Could say much
against y8 Impolicy de Impiety of Such Suggestions ; only make a
stand de protest against all Such things.
The Records of y8 County Court of Philadelphia being brought to
this board, and y8 Case between Mary Jeffs and Thomas ffairman
heing thorowly Exammined by y8 Prov" Councill, Did Resolve and
Order :
That y8 Appeale obteined (vpon a judgm' by Thomas ffairman, at a
County Court or Quarter Sessions held the ffirst day of y8 ffirst month,
1688-9,) Doe Continue till it be Determined by y8 next Provin"
Court; and that what goods so ever have besn taken in Execution vpon
the aforesaid Judgment, or any subsequent Order of y8 said Court
since in y' behalfe, y' y8 sheriff, or such officers who have been Im
ployed vnder him, be required fforthwith to make Restitution of y8
same, as They shall Answer y8 Contrary at their perrill.
Adjorned ffor an Hour. POST MERIDIEM.
Present as before. (
The Petition of Kathe. Thomas was Read, Requesting Lycen. to
Keep an Ordinary ; w^ was granted, provided shee procure Sufficient
Cirtificate of her good behaviour.
Ordered that a Blank Commission be Drawne ffor Prov" Judges.
Ordered that Commissions of y8 Peace be made for all y8 Counties,
and these persons ffollowingto be Inserted, (viz:)
PHILAD. CO.
Tho. Lloyd, Wm. Sal way, Law. Cock,
Jo" Eckly, Bar. Wilcox, Jo" Holme.
R' Turner, ffra. Rawles, BUCKS CO.
Arth. Cook, Tho. Janney, Jo" Brock,
Jos. Growdon, Wm. Bytes, Hen. Baker.
Wm. Yardly, Nich. Newlin,

PROVINCIAL COUNCIL.

279

Jo" Bristow,
Jo"' Beaven,
Jo" Blunston,
Pet. Alrichs,
Jo" Cann,
Wm. Stockdale,
Ed. Blake,
Wm. Clark,
Jo" Brinkloe,
Geo. Martin,
Jo" Curtis,

CHESTER CO.
Nich. Newlin,
ffran. Harrison,
Sam" Levis,

Jam. Sanderling,,
Wm. Howell, ,
Jos. ffearne.

NEW CASTLE CO.
Cor. Empson, Ch. Rumsey,
Joha. D'Haes, R' Ashton,
Pet. Banton, Jo" Hayly..

Wm. Clark,
Tho. Wynn,
Luke Watson,
Adjornsd till Tenn To-morrow morning.

KENT CO.
Dan. Jonss,
Jo" Walksr,
Mark. Manloe,
Wm. Lawrence,
SUSSEX CO.
Jo" Hill,
Tho. Price,
Sam. Preston,

Wm. ffreeland,
Jam. Brookes,
Wm. Manlow.

R' Clifton,
Sam" Gray.

I 
At a meeting of y* Councill in Philadelphia ths 3d II Mb., 1689-90.
PRESENT :
THOMAS LLOYD, Presid.
Jo" Eckly, Barth. Coppock, Jo" Hill,
Sam. Carpenter, Wm. Clark, Wm. Markham,
Sam. Richardson, Griff. Jones, Jo" Bristow.
Wm. Stockdale, Jo" Symcock,
The Petition, of Wm. Hill, who with his wife yvere prisoners in
y County of Kent, with severall other papers Relateing to their
Cause, were Read, Complayning against the seveare vsage of that
Court ; and with all a Coppy of y8 proceedings of y8 Court against
them, was Read. All w8" being thorowly Exammined and Debated,
it was Resolved de Ordered,
That a warr' be made and sent Downe fore their Speedy Release.
Adjorned till 9- to morrow forenoon.

AtaMeetingof y8 Councill in Philadelphia The ^ll"1 Mo., 1689-90..
present:
THO. LLOYD, P*.
Jo" Symcock, Jo" Hill, Wm. Clark,
Sam. Richardson, Griff. Jones, Wm. Markham, Sec'7.
Jo" Bristow,

280 MINUTES OF THE
Vppon Debate whether y8 Keepsr of y8 Broad Seale might sitt Ex-
officio in any County Court within this Govsrnm' as a member there
off, They were vnanimously in y8 Opinion he might.
Ordered that a Publick Instrument be drawne according to y" Pro
prietary 's Instructions, to Suppress all sort of vice.
Ordered that Commissions be Drawne ffor ye Sheriffs to Continue
their Offices vntill y8 Riseing of y8 next provinciall Legislative Coun
cill, or till ffurther order. Jo" Claypoole Except*.
Adjourned till y8 6'hIns'^2 in y8 afternoon.

At a meeting of y8 Councill in y8 Councill Roome at Philadelphia
y8 7*" of y8 11 Mb., 1689-90. "
present:
THOMAS LLOYD, P'-
Jo" Symcock, Wm. Clark, Jo" Hill,
Jo" Eckly, Jo" Bristow, Wm. Markham, Sec".
Sam Richardson, Sam. Carpenter,
After y8 Commissions and orders that wsre ordered to be were sign
ed by y8 President, and a Lycence granted ffor Jere Scott to kesp an
ordinary in Susssx County, The Councill adjorned till ffurther Or
der, to be Called againe by y8 presid', or in his absence by any ffour
members of this Place.

At a meeting of y8 Legislative Councill The Thirty-ffirst day of
y ffirst month, in the Councill Roome at Philadelphia, 1690.
PRESENT ;
THOMAS LLOYD, Presid'.
John Symcock, Jo" Curtis, Grif. Jone,
Wm. Clark, Luke Watson, Bar. Coppock,
Sam Richardson, Wm. Yardly, Wm. Markham, Sec".
Wm. Stockdale,
The Returne of y8 County of Bucks was Read, wherein was Re
turned Arth. Cook to serve in Provinciall Councill ffor three years-
Jos. Growdon, Henry Poynter, Rich* Hough, Henry Baker, Edmd
Bennet, Jo" Cook, to Serve in Assembly ffor y8 Ensuing year.
Arther Cook Signed y8 vsuall obligation and took his place at ve
Board. r J
The Returne of y8 County of Philadelphia was Read, wherein was
Returned Griff Owen to serve for Three years in Provinciall Coun-
cilI;&ThomasDucketttoservein Provinciall Councill ffor y8Remaining

PROVINCIAL COUNCIL.

281

time that John EGkly Deceased, was to have served: and ffor Assem
bly, Wm. Salway, Humph. Murry, Thomas ffitzwater, Charles Pick
erin, Paul Sanders, Abraham Opdegrave.
Griff. Owen & Tho. Duckett Signed y8 vsuall obligation de took
their places at y8 board.
The Returne of Kent County was Read, wherein was Returned
Jo" Brinkloe to serve in Prov11 Councill for Three Years ; and John
Barnes, Jo. Betts, Dan" Browne, Ezech. Needham, Richd Curtis, &
Wm. ffreeland, to serve in Assembly ffor y8 Ensuing Year.
Jo" Brinkloe signed y8 vsuall Obligation and took his place at y"
board. Ths ffollowing Declaration was ordered to be Incerted, in order to
the Provinciall Councill's Members signing it the same.
Wee Doe hereby ffreely acknowledg Allegiance to y8 Kingde Queen,
and Declare & Promise ffidelity and Lawfull Obedience to Wm.Penn,
Sonn and Heir of S' Wm. Penn Deceased, and his heirs and Assigns,
as Rightfull Proprietary and Governour of y8 Same, according to the
King's Letter Pattents and Deeds of Grant and ffeofment ffrom James,
Duke of York and Albany, dec, and that Wee will never Act or Doe
by word or Dsed, Directly nor Indirectly, any thing, nor Consent to
nor Conceale any person or thing whatsoever, to the Breach of This
Solemn Engagement : In Wittness of which, Wee have herevnto sett
Our hands, Dated In Councill At Philadelphia, the Thirty-ffirst day
of y8 ffirst Mo. 1690. THO. LLOYD, p'siden*.
John Symcock, J. d'haes,
Samuell Richardson, John Blumston
John Curtis,
Griffith Jones,
Griffith Owen,.
John Brinkloe,
Will.Yardley,Wm. Stockdale,
Luke Wattson,
The Proprietary's Commission to y

Wm. Clark,
Arthur Cooke,
Thomas Duckett,
Bartholomew Coppock,
Tho. Clifton,
Jn" Cann,
Wm. Markham, Sec".
Prov" Councill, Constituting

them Dep*y Gover", was Read at the board.
Thomas Lloyd was vnanimously Continued Presid', and to hold the
same during this Legislative Councill, and vntill they shall see occa
sion to alter.
The orders to be observed by y8 Councillors in Councill was Read i
Adjorned till 4 in y8 afternoon.

THO. LLOYD, P'
John Symcock,
Wm. Clark,
Sam11 Richardson,
Wm. Yardly,

IN Y" AFTERNOON.
PRESENT :
Wm. Stockdale,
Jo" Curtis,
Luke Watson,
Griff. Jones, "
24*

Barth. Coppock,
Johanes D'Haes,
Wm. Markham, Sec".

282

MINUTES OF THE

The Returne of y" County of Sussex was Read, wherein was
Rsturned Thomas Clifton to serve in Provinciall Councill ffor Three
years ; And John Hill, Rob* Clifton, Sam" Gray, Henry Smith, Babtist
New-Come, and Thom. Branscome, to ssrve in Asssmbly ffor y*
Ensuing year.
Presid. Lloyd informing y8 board that he had Received a letter
ffrom a very Credible person, a justice of y8 peace in Sussex County,
w8" gave an acco* of the Deboachery of sd Clifton, and in particular,
y' y Clifton in his Discourse, should vse this Expression: that he
was not ffor Yea and Nay, but for God Damm You ; y8 w* words
y8 said Clifton Denying, y" board Debated y8 matter, but haveing only
paper Evidence, Resolved that He be admitted at present, but vpon
ffurther proof made of y8 ffact, Immediately dismissed ; and he was
admitted accordingly.
The Returne of New Castle County was Read, wherein was
returned John Cann to Serve three years in Pro" Councill; and
Edward Blake, Henry Williams, Rich" Hollwell, John Darby, Wm.
Graunt, Jo" Donalson, to serve in Assembly.
John Cann signed y8 vsual obligation and took his place at y8 board.
Adjor* till To-morrow, Eight in y8 fforenoon.

Att a meeting of y8 Councill in Philadelphia, y8 ffirst of y8 Second
Mo., 1690. PRESENT :
THO. LLOYD, P*.
Arth" Cook,
Sam11 Richardson,
Tho. Duckett,
Wm. Yardly,
Jo" Symcock,
Wm. Stockdale,

Jchanes D'Haes,
Luke Watson,
Thomas Clifton,
Jo" Curtis,
Wm. Markham, Sec".

Griff. Owen,
Barth. Coppock,
Wm. Clark,
Griff. Jones,
Jo" Brinkloe,
Jo" Cann,
Vpon Debate of y8 various methods hetherto have been vsed in
Choosing or Electing Representatives, it was Resolved and ordered,
that Each County shall hence fforward Elect or give their Suffrages
according to Charter, viz: by y8ballat.
Adjorn'd till 3 in y8 afternoon.

IN Y8 AFTERNOON.
Present as in y8 fforenoon.
The members of y 3 Lower Counties move this board, that y8 next
Gene" Assembly, to be held y8 next Third month, may be at y8 Towne
of New Castle, or at Some other place of y8 Lower Counties.
The board went vpon prepareing Severall bills ffor promulgation,
adjorned till 8 to morrow morning..

PROVINCIAL COUNCIL. 283
Att a meeting of y" Councill in Philadelphia The second day of y"
second month, 1690. PRESENT :
THOMAS LLOYD, P.
Wm. Clark, Griff. Jones,, Barth. Coppock,
Jo" Cann, Jo" Curtis, Tho. Duckett,
Luks Watson, Jo" Symcock, Tho. Clifton,
Johanss D'Hass, Sam" Richardson, Arth. Cook,
Wm. Stockdale, Griff. Owen, Wm. Markham, Sec".
Jo" Brinklos, Wm. Yardly,
The Returns of Chsstsr County was Read, wherein was Returned
John Blunston to Serve Three Years in Provinciall Councill ; And
John Bristow Wm. Jenkins, Rob* Pyle, Joshua ffearne, George Maris,
Caleb Pusey, to Serve in y8 Assembly ffor y8 Ensuing Year.
Arthur Cook, Wm. Clark & Jos. Growdon, were vnanimously
Chosen to be Provinciall Judges ffor the next Provinciall Court, and
Ordered that a Comission be Drawn Accordingly.
The motion made Yesterday by y8 members ofy8 Lower Counties was
Renewed, wherevpon y8 Representatives of y8 Province gavs way that
y8 next Gene" Assembly should be held at New Castle, and that it
might be putt to y8 vote that y8 order of y" board might be had for y8
same : Which was accordingly don, and Carried in y8 affirmative ;
and ordered that the secretary give notice thereof to. ye Respective
Counties. The Petition of Thomas Harris was Read, Complayning against
y County Court of New Castle in a Cause between OUiver Perry of
New England, and himselfe. Referd to y8 nsxt sitting ofy8 Councill.
Adjorned till Eight To-morrow morning..

At a meeting of The Councill in Philadelphia y8 3d of y82d Mo.,
1690. PRESENT :
THOMAS LLOYD,. Presid*.
Wmi Clark, Jo" Curtis, Barth. Coppock,
Jo" Cann, Jo" Symcock, Tho. Duckett,
Luke- Watson, Sam" Richardson, Tho. Clifton,
Wm. Stockdale,. Griff. Owen, Arth- Cook,
Jo" Brinkloe, Wm. Yardly, Wm. Markham, Sec".
Griff. Jones,
The whole board Resolved into a Committee for preparing of bills
to promulgate. Adjorned till Eight to-morrow morning..

284

MINUTES OF THE

At a meeting of The Councill at Philadelphia y8 4"* of y8 2d Mo.,
1690. PRESENT :
THOMAS LLOYD, Presid*.
Jo" Symcock, Griff. Jones, Barth. Coppock;
Sam. Richardson, Wm. Stockdale, Tho. Duckett,
Griff. Owen, Jo" Cann, Arth. Cook,
Wm. Clark, Wm. Yardly, Jo" Curtis,
Luke Watson, Jo" Brinkloe, Tho. Clifton,
The whole board Resolved into a Committee ffor preparing of bills
to promulgate.
Adjorned till 3 afternoon.

Arth. Cook,
Tho. Duckett,
Jo" Symcock,
Tho. Clifton,
Wm. Markham, Sec".

AFTERNOON: PRESENT :
f HOMAS LLOYD, P.
Wm. Clark, Grif. Jones,
Jo° Cann, Wm. Yardly,
Jo" Curtis, Sam" Richardson,
Luke Watson, Barth. Coppock,
Grif.. Owen, Wm. Stockdale,
Jo" Brinkloe,
In was Ordered by ye board That y8 Stile of The Authoryty should
be as was those Laws past at Philadelphia The Thirty-ffirst day of
y8 ffirst month, 1685, viz: The Gouernour and ffreemen in Provin
ciall Councill mett, dec.
1 bill. The bill ffor Continuance of fformer Laws was Read,
and past N. C. D.
2. The bill ffor y8 Repealing Severall Laws was Read, and past
N. C. D.
3. The bill of Repeale of Parts of Severall Laws, Read & past
N- C. D.
4. The bill for punishing persons Summons'd to give their Evi-
dsncs and doth not appear, past N. C. D.
5. Ths bill ffor y8 Rates of fferrys Read: past in y8 affirmative.
6. The bill ffor an Addition to y8 15 Law, prohibitting Rum to be
sold to y8 Indians, was Read : past in y8 affirmative.
7. The bill about Wages ffor y" members of Councill and Assembly
was Read & past N. C. D.
8. The bill to Constitute Provinciall Judges Read & Past N- C. D.
adjord till To morrow, 9 in y8 fforenoon..

PROVINCIAL COUNCIL. 285
At y meeting of Councill the 5 day ofy" second month, 1690.
PRESENT :
THOMAS LLOYD, Presid'.
Wm. Clark, Arth. Cook, Tho. Clifton,
Sam" Richardson, Wm. Stockdale, Grif. Jones,
Jo" Cann, Jo" Symcock, Tho. Duckett,
Luke Watson, Barth. Coppock, Wm. Markham.
John Brinkloe, Grif. Owen,
9 bill. The bill about the Dyke at Nsw Castle was Rsad and
past N. C. D.
10. The bill about Rangers was Rsad & past N. C. D.
Ths bills that wsre Rsad yesterday and to day were againe Read,
and past as before.
Adjoi4 till 3 in y* afternoon.

IN Y8 AFTERNOON.
PRESENT :
THOMAS LLOYD, Presid'.
Wm. Clark, Barth. Coppock, Jo" Cann,
Sam" Richardson, Tho. Clifton, Tho. Duckett,
John Symcock, Wm. Yardly, Arth. Cook,
Grif. Jones, Luke Watson, Grif. Owen,
Jo" Brinkloe, Wm. Stockdale, Wm. Markham, Sec".
Jo" Curtis,
11 bill. The bill for Customevpon Rum, &c., was Read, and past
in y affirmative.
12. The bill flbr Customes vpon Deer Skinns was Read, de past in
y* affirmative.
13. The bill about msrcinary pleadings in Courts was Read: past
in y affirmative.
The Petition of John White was Read, as here verbatim is sstt
downs, (viz:)
To the Presid' and Provinciall Councill of ths Province of Penn
silvania and Territorys :
Ths Pstition of John Whits Humbly sheweth, That your Pet' being
Contrary to Law hindred ofy8 proffitt and Exercise ofy" office of
Clark ofy" sessions for y° towne and County of New Castle, to which
your petitioner hath Lawfull Claim, He humbly beggs y8 beneffitt of
being heard & Relieved, according to Law; & yd" Peti', as in Duty
bound, shall pray, Sec.
JOHN WHITE.
The Petition of John White being debated severall times, at Last,
in a Legislative Councill, y" Issue was Resolved by their answer to
the fibllowing Question :
Whsther Commission granted by Wm. Penn to John White, ffor
y' office ofy" Clark ofy* psacs flbr y County of New Castle, being

286 MINUTES OF THE
to him as long as well behave himselfe, doth not Continue in fforce
vntill he shall be Convicted by Due Course of Law, which is by his
peers: It was Carried in y8 affirmative.
Griff. Jones Alligeing that he had had his tryall Before Gover*
Blackwell and Councill at New Castle, and was Turned out ffor a
Misdemeanor in his Office, and therefore Desired His Dissent might
be Entred. 4
The Petition of Sam11 Carpenter was Read, requesting a bill might
be prepared ffor preventing hoggs to goe at Large in townes.
Ord8*, That a bill be Drawne ffor y8 same, to, mention only y8 Townes
of Philadelphia & New Castle.
adjor* tenn in y" fforenoon, y8 7th Ins'-

At y8 meeting ofthe Councill in the Councill Room in Philadelphia
y8 7th ofy8 second month, 1690. present:
THO. LLOYD, Presid.
Jo" Symcock, Jo" Cann, Tho. Duckett,
Griff. Owen, Tho. Clifton, Wm.. Stockdale,.
Jo°Curtiss Wm. CIaik„ Grif.. Jones,.
Wm. Yardly, Arth. Cookv Wm. Markham, Sec"..
Luke Watson, Sam" Richardson,
The whole board Resolved into a Committee to prepare some bills
ffor promulgation.
Adjod till y8 afternoon.

In y8 afternoon : psent as in y8 fforenoon.
The Secretary's memoriall was Read, which ffollows, verbatim :
Philadelphia, y8 7*b of The. second Mo., 1690. .
To the Provinciall Councill" now sitting:
The memoriall of Wm. Markham, Sec",. Humbly offeredto yo" Con
siderations :
1th. That the Proprietary hath oftentimes sett fforth vnto youy8
great and almost incredible Expences he hath been, at in Support of
y8 .Governm*-, whereby he hath much Impared his Estate, and thereby
wronged his ffamily, by maintaining y8 publick w" what belongs vnto
them. 2'y. Whereas, there hath been severall acts made and Impositions
layd vpon goods Exported and Imported under a pretence to Raise
money ffor y8 Proprietary, towards the Support, of his Governm',
whereby many, who are very willing to Support y8 necessary Charge
thereof are possessed' that the Proprietary hath great sums of money
given him ffor y8 Defraying y8 Same ; which mistake hath, and I fiear
will be more prejuditiall, not only to y8 Proprietary, but to his whole

PROVINCIAL COUNCIL. 287
Governm', ffor I humbly Conceive this board is sensable that it hath
not only not brought in ons ffarthing, but Incouraged him still ffurther
to Launch out his Estate in Expectation of it, to y8 vse of The Publick;
and not only that, but in y8 opinion of your humble Remembrancer,
like to Drive the trade ffrom this Province vnto our neighboring Collo-
ney, w8" if once don, will be Difficult to Recover.
3ly. The Proprietary hath often Recommended to this board that
some Course by taksn ffor y8 payment of the Subscriptions, w8" was
in Lieu of an act or Imposition on Rum, dec. ; but nothing hath been
Effected therein.
4ly. I Humbly offer to yo" Considerations the Proprietary's words
in his Lett" to his Commissioners, bearing date ye 14'" of y8 2d Mo.,
1689, (viz:) Whereas there is 6001b. due to me, which has been Ne
glected or Refused to be paid, If the Province will build me a house
in the City ffor my Reception, vpon my Lott, leaveing me to make ad
ditions hereafter, if there be occasion, I hope to be. there as Soon as
that is ffinished : I have sent Capt. Markham my modell: Or stock
the three plantations of my Three Children, Each 2001. Comes to the
Summ, I shall take it well, and this may be sooner and safer don than
Returning me that sum, tho' here it would have done me more good.
5. I ffurther humbly offer to yo" Considerations what y8 Pro
prietary was pleased to write to me, in his Letter bearing date y8 13
2dMo., 1689, (viz:) I send to seat my Children's Plantation that I
gave them near Pennsberry, by Edwd Blackfan. Either Lett them
settle me 3 Plantations for my Three Children, 2001b. Each, which
make vp y8 6001.; or Lay it out in a City house ffor me, y' I may be
Encouraged to five among thsm, tho' it would how dos me more good
here. Lastly. The Sum Expected aforesaid as a Debt due to y8 Proprie
tary, and ought Immediately to be paid, is a Certaine Sum, viz: 6001.
which Cannot be Raized but a Tax, or some other Course, as may
be Certaine in some Short Time to amount vnto y8 Hull Sum, Clear of
all Charges, and not by Importations or on Navigation, w88 are vncer-
taine.
WM. MARKHAM, Sec".
14 bill, About Two Credible Evidences, was Read, and past in
y8 affirmative.
15. The bill about Registry in any Religious Socyety was Read, &
past N. CD.
16. The bill about Hoggs going at Large in y8 Towns of Phila
delphia and New Castle was Read, & past N. C. D.
Adjord till 9 To-morrow fforenoon.

288 MINUTES OF THE
At a Councill in the Councill Room at Philadelphia the. Eighth of
y second month, 1690. present :
THO. LLOYD, Presid'.
John Symcock, Tho. Clifton, Luke Watson,
Arth. Cook, Wm. Clark, John Curtis,
Sam" Richardson, • Wm. Yardly, Griff. Jones,
Tho. Duckett, Grif. Owen, Wm. Markham, Ssc.
The Pstion of John White, w8" was Read ths 5ttIns', was Reas-
sumed, wherevpon this ffollowing Recommenditary ord" was order
ed by y8 board, ,(viz:)
To Our ffellow members of The Provinciall Councill, and to our
ffriends the Justices ffor the Towns and County of Now Castle:
John White, of The said County, haveing mads his application
vnto vs ffor Relief against the Continued suspension of him ffrom' the
Exercise and proffitts of y8 Office of The Clark ofy8 peace for y8 Coun
ty afforesaid, Wee haveing with due Regard to ffqrmer procedures,
& great circumspection, inspecting into and Considering his Com
plaint, have in a ffull Councill, after severall previous and deliberate
debates, Resolved that y8 Commission granted by Gover' Penn vnto
y8 sd John White, ffor y8 office of Clark of y8 peace ffor y8 County of
New Castle, doth notwithstanding y8 Late Suspention, Continue in
fforce, and abides vntill he shall be Convicted by Due course of Law;
and wee ffurther observing that y8 said Office Cannot be well Execu
ted by y8 Person Commissionated by Cap' Blackwell, our late Gover",
because of The officers power therein with y8 said Gover™ Station in
y8 Governm', Wee doe therefore Recommend the said John White
herewith vnto your notice, and ffriendly admission of him in y8 Rein-
vestiture of his Clark's office, and into y8 Exercise of y8 same with
you ; And as wee have strictly Enjoyned him, and shall Require y8
same ffrom him, wee do hot much doubt but he will deport himselfe
obligingly, & with Respect ¦&, ffaithfulness vnto you.
THO. LLOYD, Presid.
[Given by y8 Prov" Councill y8 8 ofy8 2d mo., 1690, at Philadelphia.]
The Petition of Thomas Harris, Requesting Relief ffrom y8 Judg
ments given against him in the County Court of New Castle County,
both in Law and Equity.
Resolved he should have an order ffor a hearing in The next Prov"
Court, w8h will be iny8 next seventh month, provided y8 matter of Com
plaint be not Determined by ye Consent of both parties, at y8 Councill
at New Castle , and in y8 meantime, notice to be given to John Cann
that he part not with any of y8 Effects he hath in his hands of Oliver
Perry's, or his owners, vntill y8 Determination of the Difference as
aforesaid. adjord till 3 in y8 afternoon.

PROVINCIAL COUNCIL.
AFTERNOON.

289

Jo" Symcock.
Tho. Clifton,
Wm. Markham, Sec".

PRESENT :
THO. LLOYD, P.
Tho. Duckett, Sam" Richardson,
Jo" Curtis, Griff. Owen,
Luke Watson, Wm. Yardly,
Griff. Jones, Wm. Clark,
Vppon debate of y8 neglect of y8 Susrvey' Gen"8 office and his Ex
traordinary ffees, Resolved de Ord8* that y8 Survey' Gene118 Deputy be
sent ffor to attend this board, and that Thomas Duckett be desired to
take y8 Care of sending ffor him.
The Petition of Benj. Chambers, Tho. Peart and ffrancis Rawle,
was Read, Requesting ffor themselves and others, that a bridg might
be built over, and a wharfs mads against Mulberry street. Resolved
that when y" Petitioners shall bring in their proposalls, they shall have
a hearing. Adjord till To-morrow 9 fforenoon.

At a meeting of The Councill in y8 Councill Roome in Philadel
phia y8 9*" day of y8 2d Mo., 1690.

THOMAS LLOYD, Presid*.
John Symcock, Tho. Duckett, Jo" Curtis,
Wm. Clark, Wm. Yardly, Sam Richardson,
Arthur Cook, Luke Watson, Wm. Markham, Sec".
Griff. Owen,
Benj. Chambers & ffrancis Rawle, according to the answer to their
petition yesterday, brought jn their methods, (viz :) Mulberry Street
being not less the Sixty ttbot in breadth iny8 midest of The same, and
about twenty perches back ffrom y8 River, wee Intend to Cutt out a
Cart Road of twenty ffbot in breadth, ffrom thence to Extend with a
graduall Dessent to Low water mark, and to have y8 saklpassage paved
and walled vp with stones on both sides, and to have a bridg over y"
said passage, in y8 midst ofy8 ffront Street, and that part wc" Remaines
vncovered to be (fenced with Railes; and atye River End of The said
passage, to make a ffree and publick wharfe of Twenty ffoot in breadth
on Eacb side thereoff: Whereunto y8 Councill did assent.
Ordered that a Warr' be made to Impowre Each County, by Their
Respective magistrates and Grand Jury, to Divide their respective
Counties into hundreds, or such other Division as they shall think
most Convenient flbr their Ease in Collecting y8 Levies ffor the De
fraying y8 Charge ofy8 Counties.
adjord till 3 in y8 afternoon. 25

a96 MINUTES OF THE
AFFTERNOON. PRESENT :
THO. LLOYD, Presid*.
John Symcock, Wm. Clark, The Duckett,
Griff. Jones, John Curtis, Luke Watson,
Arth. Cook, Wm. Yardly, Tho. C hfton ,
am" Richardson, Griff. Owen, Wm. Markham, Sec".
The Petition of Ann Young in the behalfe ofy8 halfe of herselfe
and her husband, Jacob Young, against Edw4 Gibbs, High sherriff of
New Castle County, about a seasure made by y" sd Gibbs, y8 Sheriff,
on y8 Goods and Chatteles of y8 said Young, in a Case between y"
said Sheriff and Young, in which Case y8 said Young had judgment
past against him by Default, not Knowing y8 Time he should Appeare.
Ordered that y8 said Ann Young and her husband, have an appeal
granted them to y8 ProvinciaU Court after y" next; provided they give
Sufficient security ffor the Estate seized, and ffor standing and abide-
ing by y8 Judgment of y8 Provinc" Court.
adjor3 till 10 to-morrow fforenoon.

At a meeting ofthe Counciil in the Councill Room in Philadelphia
Thel0ofy82dMo., 1690. PRESENT :
THO. LLOYD, Presid'.
Jo Symcock, Wm. Yardly, Grif. Jones,
Arth. Cook, Jo" Curtis, Tho. Clifton,
Griff. Owen, Sa. Richardson, Luke Watson,
Wm. Clark, Tho. Duckett, Wm. Markham, Sec".
17 bill. The bill flbr Regulating the Survey18 ffees Read, and pas1
in y8 affirmative.
John Blunston, a member of Councill ffor y8 County of Chester,
haveing absented y8 service thereof sometime, and y8 board being
informed by y8 other members of The said County, that y8 said Blun
ston at his Election was muchag' his being Elected, &¦ still Continues
very vneasy and much Indisposed to serve, Ordered the secretary
write to him to have his Resolution therein.
adjor" till 2 in y8 afTternoan.

In y" afternoon. Present as in y8 fforenoon.
The Commission for the Provinciall Judges, viz : Arth. Cook, Wm.
Clark <fc Joseph Growdon, was this day signed by y8 Presid', bearing
date y8 1" Ins', to Continue only ffor this present Court.

PROVINCIAL COUNCIL. 291
Joseph Taylor presented y8 Councill with a writing wherein he
informed the board y' he made Choyce of Arth. Cook to be his Guar
dian, de Desired it might be Entred on y8 minutes accordingly. <
adj. till To-morrow, 9 flbrenoom

At a meeting of the Councill in y8 Councill room- in Philadelphia
The 11 ofy8 2d Mo., 1690. present:
THO. LLOYD, Presid.
Wm. Clark, Wm. Yardly, Arth. Cook,
Jo? Symcock, Luke Watson, Jo" Curtis,
Sam" Richardson, Griff. Owsn, Tho. Clifton,
Tho. Duckstt, Griff". Jones, Wm. Markham, Sec".
A Letter bearing date y" 2d of Ap", Directed to Thomas Lloyd,
Presid' of Pennsylvania, was Read : it was subscribed Jacob Leislear ;
the purport was to send some agent to New York to treat with them
of York and other Collonies, about some Cours to preserv themselves
ffrom. yei* Enemyes, y8 ffrench..
Ordered that the Commission of The peace ffor y8 Three Lower
Counties be Renewed, and y' They runn.by y8 King's Authority.
Vpon severall Debates Concerning the office of The Clark of y8
peace ffor this County, it was generally refferred to y8 Disposall of
the present Master of y8 Rolls, he being the Chief Officer of Reccords.
Vppon a proposall Concerning a Sheriff' to be Chosen ffor Bucks
County, the present Sheriff Expressing his vnwillingness to serve
longer, as the board were informed, Therevpon' Wm. Yardly was
agreed vpon to be Commissionated ffor. y" said place.
Adjor.till 9 to-morrow fforenoon.

At a meeting of The Councill in y' Councill1 room In Philadelphia
The 12 of The 2d Mo., 1690. i
PRESENT :
THO. LLOYD, Presid'.
Wm. Clark, Sam" Richardson, Luke Watson,
Arth. Cook, Wm. Yardly, Wm. Markham, Sec"..
Jo" Symcock,
After some Debate about Commissionating officers, dec,
a Adjor. till 3 in y" afternoon.

292 MINUTES 6F, THE
IN THE AFTERNOON.
PRESENT :
THO. LLOYD, Presid'.
John Symcock, Sa" Richardson, Tho. Clifton,
Luke Watson, Jo" Curtis, Wm. Markham.
Tho. Duckett,
Vppon y8 Reading of The Petition of John Buzby, who married
the Daughter of Christopher Taylor, Deceased, Requesting a Devi
sion of y Estate of y8 said Chris, amongst his Children, Arthur Cook
and Sam" Richardson Desired to Endeavour an E.quall partition, more
Especially of V8 perishable part of y8 sd Estate, which lyes in Thomas
Hooton's Custody, and Thomas Hooton is hereby Ordered to Deliver
The said Goods to y8 order of The Referees before named.
Vpon y" Reading y8 Pet. of y8 Legatees of Ja. Claypoole, Request
ing y8 Care of y8 Councill in inspecting into the mannagem' of the
administration intrusted in their Eldest Brother's hands Chiefly, It
was ordered that y8 said Brother shall have notice to answer the lega
tee's Exceptions herein in y8 next Councill.
John White Requesting the Councell to signifie their sense to y8
Justices of New Castle County, to order James Claypoole to give vp
the County Seale and Records vnto him, The board thought The
Order granted in his behalfe, Directed to their members and Justices,
was Sufficient ffor y8 present.
Adjor* Till To-morrow, 9 in y8 forenoon'.

At a meeting of The Councill in The Councill room in Philadel
phia y8 IS* of y8 2* Mo., 1690. PRESENT :
THO. LLOYD, Presid'.
John Symcock, Tho. Duckett, J0" Curtis,
Arth. Cook, Grif. Owen, Luke Watson,
Wm. Clark, Tho. Clifton, Wm. Markham, Sec".
Three Commissions of Peace ffor The Three Lower Counties were
signed by y8 presid, bearing date y8 11 of y82d Mo., 1690.
Adjorned till The 15,h Ins'.

At a meet, of The Councill in the Councill room the 15*11 of y8 2d
Mo., 1690, in Philadelphia. J
present:
THO. LLOYD, Presid.
Jo" Symcock, Luke Watson, Grif. Owen
Arth. Cook, Tho. Duckett, Sam" Richardson,
Wm. Clark, Jo" Curtis,, Wm. Markham, Sec".

PROVINCIAL COUNCIL. 298:
The Councill mett this day to appoynt a time to.adjorne to, and Did
Conclude off and adjornd accordingly to y8 12 of y8 3 Mo. next,
vnless the Presid' and 6 members see Cause of any Emergent occa
sion to meet sooner ; or in his absence, by notice given by any si?c
msmbers Elss, hsncs ffrom this place.
Before the Departure of The Councill out of The Councill, a Jett'
Came to the board ffrom John Blunston, in answer to y8 Secretary's,
by ord" of this board on y8 10'" Ins', wcl1 being Read, and bis Rssons
flbr Excuseing him to serve in Provinciall Councill being allowed. It
was ordered a writt should be forthwith sent to the Sheriff' of Chester
County to Summons y" ffreemen of The said County to meet at Ches
ter on y8 22 Ins*1, to Elect one to serve in bis Room.; the w^" writt was
signed by y" Presid*.
Then adjor* as bsfors.

At a Councill. in The Councill Room in Philadelphia The 24th of
y" 2d Mo.. 1690. PRESENT :
THO. LLOYD, Presid*.
Arth. Cook, Griff. Jonss,. Griff. Owsn,
Sam" Richardson, Tho. Duckett, Wm. Markham, Sec".
A Lett' was Read ffrom y° Assembly of Maryland, bearing date
y 11th of Ap", 1690.
The Presid' is Desired to returne an answer ffrom himselfe &, y"
board to y8 Late speaker of The Assembly in Maryland.
The Petition of severall of The ffreemen of This Province willing
and Ready to bear Armes in Defence of The same, was Read ; which
ffollows verbatim, (viz:)
To The Honeb18 the Provinciall Councill, now Dep*7 Gover" of y.8 Pro
vince of Pennsilvania.
The Humble Petition of some of The Inhabitants willing and Ready
to bear Armes ffor y8 service and Deffence of This Governm',
Sheweth: That whereas, there is a warr between y8Crownes of England and
ffrance, and that our Enemies, the ffrench, have barbarously murdered
many of his Maj18 Subjects, very near y8 Confines of this Province,
w* have struck no Small terrour in vs and our ft'amilyes, and may
happen to Attack vs when wee Least think of it, wee humbly pray that
you, our Gover", will be pleased forth w"1 to settle y8 Country in Such
a posture that we may be able by fforce.of Armes, to Defend it against
any assault of our Enemies ; and as in Duty bound, shall pray.
Wm. Markham,
Lacy Cock,
Swan Swanson,
Jo" Holme,
Andrew Binkson-
25*

394 MINUTES • OF THEF
TKs board bsing informed that Lassis Cock intends vp y8 Skoolkill
among our Indians,, y8 begining of y8 next week, doe request that
y8 presid, with y8 present members, give Instruction to y" said Lacy
Oock to make perticular- Enquiris Consrning y8 store and quantity
of Ammunition in y8 Custody of y8 ffew ffrench ffamilies seated vp
the said Rivsr, and in Cass hs shall ffinds greater store then shall
be judged Expedient to be left there, to have y8'same secured, in ord'
to be brought to Barnabas Willcox's store, assureing the owner's Rea
sonable satisfaction ffor the same; and ffurther, that such of y8 sd
ffrench who may be justly suspected of vnfaithffullness to this pro
vince, may be, by y8 most sutabte meanes, perswaded downe here ; and
tiiaty8 Chief Sachem of bur Indians may be assured of our good In
tention towards them and their people, and that wee desire a meeting
with their Cheif men as soon as they Cann Conveniently, giving vs
notice of The time nine or tenn days before, and if he sees occasion
to Imploy four or six Likely and trusty persons of Them to Range
along the most likely parts, ffor y8 Discovering of any Designs of y"
ffrsiich, or their- Indians, against the peace, who shall have Competent
satisfaction at their Return to vs. And our desire is that Capt. Mark
ham, Rob. Turner, with such Credible persons as may be perswaded
vpon this service, goe along with y8 said Lassie Cock, and that he vpon
all occasions, take y8 advice de Concurrence of y8 said persons; And
in y8 meantime,- Care be taken ffor sutable presents ffor them at their
meeting with vs..
The Councill adjor4 tilly" 12'" 3d month, vnless y" Presid and
6 members, See Cause, vpon any Emergent occasion, to meet sooner,
or in his absence, by notice giyen by any six, members -Else hence.

At a Councill held at New Castle y8 12 of y8 3d Mo., 1690.
PRESENT :
THOMAS LLOYD, P.
Jo" Symcock, Griff. Owen, Tho. Duckett,
Arth. Cook, Wm. Stockdale, Jo" Brunkloe,
Jo" Cann, Barth. Coppock, Joha. D'Hawes,
Sam. Richardson, , Luke Watson, Wm. Markham, Sec".
The Returne of Chester County ffor Wm. Howell to serve In Pro
vinciall Councill in y° Roome of John Blunston, was Read. He ap
peared not, but a Letter ffrom him, Directed to y8 board, bearing date
y8 Eighth of y* 3d month* 1690, w8" was Read, setting forth his Inca-
passity, <kc, ofgiveing Such attendance as is Requisite to that service,
Deferd at present, and to be Resolved before y8 Riseing of this Legis
lative Councill.
The Committee appoynted to Receive proposalls ffrom y8 Assembly,
vpon Amendments ofy8 promulgated bills, is Arth. Cook, Grif. Owen,
Jo" Symcock, Jo" Cann, Jo" Brinkloe, Luke Watson,

PROVINCIAL COUNCIL. 295
The Petion of Adam Johnson was "Read, &c. The board not
haveing any Certaine Knowledg of y8 matter, nor Coppy of any Re
cord before them, Defered it for the present.
The Pet. of James ffox was Read, &c. Defer'd till afternoon-.
adjor4 till 4 in y" afternoon.

AFrERNOON,, present:
THOMAS LLOYD, P'.
Arth. Cook, Jo" Symcock, Johanes D'Hawes,,
Wm. Clark, Griff. Owen, . Jo" Brinkloe,
Jo°Cann, Wm. Stockdale, Griff, Jones,
Sam Richardson, Luke Watson, Wm. Markham, See'**.
Tho. Duckett, Barth. Coppock,
James ffoxe's Pst., yv*4 was Read in y8 fforenoon, was again Read,
Complayning ag' James Walliam, y8 King's Collect'ffor selling tobacco
he seized, pretendedly by virtue of a judgment obteinedin y8 County
Court of New Castle : an abstract of y8 Proceedings of y8 said Coun
ty Court was also Read at this board.
The Assembly Came to this board. Joseph Growdon, a member
thereoff, acquaints y8 Councill that y8 Assembly had Chosen them
their Speaker.
The bills No. 1, 2, 3, 4, 5, 6, wf were promulgated, were given to
ye Speaker.
Griff. Jones, a member of This board, acquaints the Councill that
Wm. Yardly, an other member, Could not attend his Duty through
Indisposition. James Walliam, y8 King's Collector, being sent ffor to this board,
to answer y8 Complaint of James ffox, appeared and promised thai to
morrow morning he would appear againe, to give ffurther satisfaction.
adjor-n* till 7 to-morrow, morning. .

At a Council! at New Castle y8 13*" 3"*M©., 1690'. .
PRESENT :
THOMAS LLOYD, P*.
Sam" Richardson, Wm. Stockdale, , Luke Watson,,
Grif. Owen, Jo" Brinkloe, Tho. Duckett,
Barth. Coppock, Jo" Curtis, Wm. Clark,
Griff. Jones, Arth. Cook, Wm. Markham, Sec"".
Joha. D'Hawes, Jo" Symcock,
James Walliam, y8 King's Collector, not appearing according to y°
minute yesterday, was sent for, but was gonout of 'Towne.
Wm. Clark was added to y8 Committee appoynted yesterday, and
any 4 of them to-be a Quorum.

296 MINUTES OF THE
Edwd Gibbs, High Sheriff of New Castle County, and Hugh Mas-
land, Butcher of y8 said Towne, -were sent for to appear before this
board. Hugh Masland's attestation was Read, w8° is as ffolloweth,
verbatim : Vpon the Request of James ffox was Hugh Masland
solemnly attested, who Declares that being vpon a Jury in a plea De
pending y8 23 Ins'., James ffox, pi' against James Walliam, George
More, Vnder Sheriff, Came among them, and severall times vrged y8
Cause against James ffox ; and that Edw" Gibbs persuaded the Depo
nent to agree w*" y8 Rest ofy8 Jury in behalfe of James Walliam, flbr
y' y8 said Edwd Gibbs said it was suspected y' y8 Deponent was Con-
csrnsd with Tobacco ffrom Maryland in y8 Like Kind, which he and
the Collector had Discoursed together about, and it might be well
enough : And likewise persuaded him not to be so Stubborne, as
haveing heard he was y8 only man stood out; but that y8 said discourse
took noe Effect w'" them, and that Edwd Gibbs said to y8 Depon', he
would promise vpon his word, if the Deponent would agree w"1 y8 Rest
of y8 Jury, he should no ways be Damnified by reason of any suspi
tion of y8 Depon*8 being Concerned in y8 Like Nature, and ffurther
Saith not. v
Taksn before vs this 25 Aprill, 1690. John Cann,
' Joha. D'Haes,.
Edw" Blake.
Hugh Masland ownes y8 attestation. The Sheriff and Hugh Mas-
land being interrogated, dec, and y8 whole matter Debated, Defer'd y8
Conclusion till to morrow morning, at which time it was ord8* that
James Walliam, y8 King's Collector, attend this board.
Richd Curtis and Rob'- Pyle, two members of y8 Assembly, Came
to y* board for y8 Rest ofy8 Promulgated bills, w8" was Delivered them.
No. 7 to 17.
Adjorn'd fill 3 in y8 afternoon.

AFTERNOON. PRESENT :
THOMAS LLOYD, P. „
Arth'. Cook, Thomas Duckett, John Brinkloe,
Wm. Clark, John Cann, Joha. D'Haes,
Grif. Jones, John Symcock, Barth. Coppock,
Sam" Richardson, Wm. Stockdale, Griff. Owen,
Jo" Curtis, Luke Watson, Wm. Markham, Sec".
Credible Information being given to this board that John Richardson,
y° Elder of Kent County, hath behaved himselfe so violently andln-
humainely towards his wife, that it is much fleared he may be her
Death ;! wherevpon it was ordered y' a warr' be sent downe to y° Justi
ces of y' County, to maks thorow Examination into ye matter, w"
Direction that vpon sufficient proof, to bind him over to his good be
haviour, de to secure him in prison vntill he ffind good & able secur.

PROVINCIAL COUNCIL.

297

Cap* Peter Alrichs Came into y° Councill Roome and presented to
¦*his board a Commission ffrom Gover' Penn to himselfe, bearing
datey8 18 8ber, 1683, Constituting him Leift, and Com*" in Chief of y8
Towne and ffort at New Castle, &c, w8" was Read ; and Likewise,
he produced a paper of Subscription of severall persons that had List
ed themselves to serve y8 Country vpon any occasion of an Enemies,
approach, w8" was Likewise Read.
adjorned till 8 lo-morrow morning.

Att a Councill at New Castle y8 14'° 3 Mo., 1690.

Luke Watson,.
John Cann,
Joha. D'Haes,
Wm. Clark,
Wm. Markham, Sec".

present:
THOMAS LLOYD, P.
Arth" Cook, Griff. Jones,
Sam. Richardson, Wm. Stockdale,
Griff. Owen, Jo" Curtis,
Tho. Duckett, Barth. Coppock,
Jo" Symcock, Jo" Brinkloe,
According to ye notice sent yesterday to James Walliam, Collect' of
y8 King's Customs, he appeared, de likewise James ffox.
James Walliam produced his Instructions ffrom Patrick Mien, Esq%
Survey Gen8" of his Maj*8 Customs in y8 American Plantation.
Vppon y Debate of y8 tryall vppon a seizure made by James Wal
liam, of about 40 hdds. of Tobacco of said James ffox's, y8 Clark of
y" County of New Castle was sent with y8 Record of y8 said tryall.
The Petition of James ffox, w80 was Read y" 12 Ins', was againe
Read: James Walliam, against, whome he'petitionsd, being present.
Adjor* till 4 Afternoon.

IN Y° AFTERNOON, 14 a Mo., 1690.

present:

THOMAS LLOYD.
John Symeock,.
Arth' Cook„
Wm. Clark,
Griff. Owen,
Grif. Jones,

Barth. Coppock.
Jo" Brinkloe,
Wm. Stockdale,
Joha. D'Haes,
Wm. Markham, Sec".

Luke Watson,
John Cann,
Tho. Duckett,
Sam. Richardson,
Jo" Curtis,
The Difference, between James ffox and James Walliam, y8 King's
Collect',, was Reassumed, and y8 Records of y8 County Court of New
Castle, where y8 tryall was Exammined ; and vpon Debate it was Re
solved that y8 said Walliam and ffox be spoaken to to End y8 Differ
ence betwsen themselves, before this board proceeds any ffurther in it.
Adjorad till 9 to-morrow: morning. »

298 MINUTES OF THE
New Castle, At a Councill y8 15*" 3 Mo,, 1690.
PRESENT :
THOMAS LLOYD, F; w'" y8 Rest, as yesterday.
The Committee of This board presented the Promulgated bills they
had Received ffrom a Committee of y8 Assembly,, with y8 Assembly's
Amendments and Rejectm*", which were Allowed off according to
their proposalls, tho' the fforme of Drawing y8 said Amendments into
Bills may be properly y8 Concerne of This board, and that their.
Committee be informed of their mistake in their Resolve vpon y8 ffirst
bill. Resolved that y8 Committee of y8 Councill acquaint the Assembly
that to-morrow morning they shall be Ready, if y" Assembly Camtoi.
pass all y8 bills that are to be passed. .
Adjd till 7 to-morrow morning.

At a Councill iny" Court-house at. New Castle, y8 16*" 3d Mo., 1690:
PRESENT :
THO. LLOYD, P*.
John Symcock, Arth. Cook, Jo" Brinkloe,
Tho. Duckett, Jo" Cann, Luke Watson,
Griff. Owen, Sam" Richardson, Wm. Stockdale,
Griff. Jones, Joha. D'Haes, Barth. Coppock,
Wm. Clark, Jo" Curtis, Wm. Markham, Sec".
The Councill mett in this place, that they might have Roome to
make a Gen8" Assembly.
The Councill being Called over and Satt, the Assembly was Called
in ; and being asked by the Presid whether they were Ready to pass
or Reject y8 bills as promulgated, varied, or added vnto, Said they
were. They took their places, and made a Gen8" Assembly.
1*". The ffirst bill was Read, w*" its amendments : past N. C. D. .
2d. The Second bill was Read: past N. C. D.
3. The third bill was Read: past N. C. D.
4. The ffourth bill was Read: past N. C D.
5. The ffifth bill was Read : past in y" affirmative. .
6. The Sixth bill was Read : past N. C. D.
7. The Seventh bill was Read': Rejected.
8. The Eighth bill was Read; Past N. CD.
9. The Ninth bill was Read: Past N. C. D.
10. The Tenth bill was Readt- Past N. C. D.
11. The Eleventh bill was Read: Rejected.
12. The Twelveth bill was Read: Rejected
13. The Thirteenth bill Read, de Rejected.
14. . The ffourteenth bill Read, & Past N. CD.
15. Theffifteenth bill Read, and past N. C. D.
16. The Sixteenth bill Read, & past N. C. D.
17. The Seventeenth bill was Read, de past in y8 affirm.

PROVINCIAL COUNCIL. 299
The Gene11 Assembly adjorned at this time, till y8 Gover' dzCoun-
c ill should Dismiss them.
The Councill adjorned till y8 afternoon, toy8 place of Their Sitting,
Cap' fforatt's house.

In y8 Afternoon : Present as in the fforenoon.
Ordered that y8 Secretary make vp the acco' of Buoy mony with
in a month.
Two members of The Assembly Came to acquaint the board that
the Assembly were Ready (when the Councill pleased) to Receive
their Discharge. Appoynted they should Come about two hours hence.
Ordered a Commission should be Drawne ffor Rich* Holwell to be
High Sheriff of New Castle County, to Commence y8 ffirst of August,
to Continue for one whole year.
The Petition of White was Read, Humbly Requesting he might be
Re-Invested in his office of Clark of New Castle County, Alligeing
he was Illegally turned out of The Same.
Resolved by y" majority of the board, that he shall have an Order
ffory8 Delivery back to him the Records of y8 said County Court.
The wording of y8 ord" is Referd to y8 Presid' de Secretary.
The-Petion of Sam11 Atkins was Read, Complayning against Wm.
Clark, a member of this board. Referd to Common Law.
Kent County Commission ofy8 peace, dat. 11 2d Mo., 1690, was
Signed by Thomas Lloyd, Presid*. Justices inserted are Jo" Brink
loe, John Curtis, George Martin, Dan11 Jones, John Walker, Mark
Manloe, Wm. Lawrence, Wm. ffreeland Tho. Rouse, Wm. Manloe,
Jo" Retts, Symond Hirons.
One of The same date ffor New Castle County, was also Signed.
The Justices were Peter Alrichs, John Cann, Wm. Stockdale, Ewd
Blake, Cornelius Empson, Joha. D'Haes, Pet" Bainton, Charles Rum
sey, Rob' Ashton, John Hayly and Hen. Williams.
Ord"1 Rob' Robinson have a Commission ffor Coroner of New
Castle County, and another ffor Thomas Stratton ffor Kent County.
The Assembly was Called in and Rsceived their Discharge ffrom
their present service.
The Councill adjorned to Philadelphia, The 22d Ins*.

At a Councill in y8 Councill Roome in Philadelphia y8 22 of y8
3d Mo., 1690. present:
THOMAS LLOYD, P.
John Symcock, Grif. Owen, Wm. Clark,
" Sam" Richardson, Arth' Cook, Wm. Markham, Sec".

300 MINUTES OF THE
Some number of Indians this day Coming- into the towne, suppose-
ing to make application to the Governm', Ordered that Cap' Lawrence
iCock be sent for, to be in Towne by Eight to-morrow morning, to In
terpreted and in Case y8 Councill are not Sitting, that y8 Presid, with
y8 Present members and Justices, with others, y8 principall Inhabi
tants, Doe treat them Civilly, Receive their message, and give their
answer accordingly.
Cap' L. Tort makeing his application to y8 Councill that he may
have liberty to goe for England, Resolvsd that he may, provided he
psrformes the Laws of Governm' in that Case provided.
Ordered that Nehemiah ffield have a Lycence to Keep ordinary at
Lewis. adjora'd till ffurther Order.

At a meeting of y8 Councill in the Councill Room in Philadelphia
the 30 of y8 5s Mo., 1690. PRESENT :
THOMAS LLOYD, Presid1,
Jo" Symcock, Barth. Coppock, Griff. Jones,
Griff. Owen, Sam"; Richardson, Wm. Markham, Sec".
Arth. Cook,
Notice being- given to thiq board by y8 Justices of Sussex County,
y' y8 Sheriff of y8 said County intends suddenly ffor England, and
Recommending Sam" Preston as a ffitt person to Supply y8 place, a
Commission was this day signed ffor him.
In a tetter ffrom Edwd Blackfann vnto y8 Secretary, bearing date at
London, y8 30 9ber., 1689, and Recd of Rich? Morris, Master of
y8 Philadelphia march', the 15th 5 Mo., 1690, was Inclosed an Order
ffrom the Lords of The Privie Councill, Directed (To Our Loveing
ffriend, Wm. Penn, Esq'., Proprietor of Their Maj'8 Province of Penn
silvania, in America,) bearing date ffrom y8 Councill Room in White
hall, y8 19th day of ffeb., 1688-9, ffor the proclaming William and
Mary, Prince and Princess of Orange, King de Queen of England,
ffrance and Ireland, and of y8 Territorys and Dominions Therevnto
appertaining; w'h tbree printed Proclamations ffor the Same, and'
Coppys of y8 oaths to be taken in stead of y8 Oath of Allegiance and
Supremacy. Vppon Debate of y8 aforesaid ord' ffrom y8 Lords, it was Resolved
That Since y8 whole Tenour thereoff hath been in Effect performed
by an Order ffrom y8 Gover' and Councill, bearing date y8 2d day of y8
9th month, 1689, and that so long time, by Accidents, hath Relapsed
ffrom y8 Date of The said ord' to y8 Time of Receit thereof, that ' it
was not necessary to publish it.
The Petition of ffran. Cook was Read, Requesting an Equall Devi
sion of y8 Estate of Jame Claypoole, Deceased, amongst his Children.
Ordered that John Claypoole Appear at y8 next Councill, to answer
y said, Cook's Complaint.

PROVINCIAL COUNCIL. 301
The Petition of Sam" Atkins was Read, setting fforth that Rich*
Russell hath taken out Execution vpon a judgment obteined ag' him,
y8 said Atkins, by y8 said Russell, in y* County Court of Philadel
phia, held in y8 ffirst month Last past, notwithstanding y Court did
appoynt Sam" Carpenter and Benj. Chambers to adjust their acco*8,
and to maks Returne thereoff to y8 next Court. Ordered That Sam"
Carpenter and Benj. Chambers be Desired to End y8 Difference de-'
pending between y8 said Russell and Atkins, w* was Refer'd to them
by y8 said County Court of Philadelphia, and make Returne of Their
so doing to y8 next said County Court.
Ordered that notice be given to all y" members of Council], that
they meet at Philadelphia y8 4th 7 Mo. next, To Commissionate Prov"
Judges. Adjord till 3 in y8 afternoon.

AFTERNOON. present:
THOMAS LLOYD, Presid*.
John Symcock, Arth. Cook, Griff. Owen,
Grif. Jones, Sam. Richardson, Wm. Markham, Sec".
The Councill vnderstanding that James Claypoole, Clark of New
Castle County, was in Towne, sent ffor him, and asked him his Rea
son why he did not obey y8 order Directed to him to Deliver ye write-
ings and Seal of y8 said County to Jo" White. His answer was that
before y8 order Came downe, the Court had Commanded him to De
liver vp their Records to them, and that he did deliver y8 same to
them in open Court. The Councill thsrsvpon signified to him that
what Act he shall doe as Clark flbr ye ffuture shall be looked vpon as
of no Effect.
Ordered that notice be given to y" Magistrates of Kent County, that
y8 Councill hath thoughtffitt (vpon an III Character of Jghn Richard
son, jun'.) to make voyd y8 Lycence he had to keep ordinary, and that
they are desired to taks Care it be suppressed accordingly.
Ordered That Benj. Chambers have a warr' to Constitute him a
Wafer-Baly ffor y8 Province of Pennsilvania.
Ord^ Blank Commissions to be drawne for Coroners.
adjornd till y8 4th 7 Mo. next, or till ffurther order.

At a meeting of y* Councill in y8 Councill Room at Philadelphia y8
4 7 Mo., 1690. present :
THOMAS LLOYD, Presid*.
John Symcock, Grif. Owen, Barth. Coppock,
Arth' Cook, Wm. Yardly, John Brinkloe,
Tho. Duckett, . Wm. Stockdale, Wm. Markham, Sec,y.
Sam" Richardson, Griff. Jones, 26

302 MINUTES OF THE
It wasy8 sense ofy8 majority of This, board, and Griff. Jones was
desired to Deliver it to William Markham, that y8 said Markham
should Deliver y8 seal and Records ofy8 County of Philadelphia to
y8 master of y8 Rolls, or his order.
The Address ofy8 Justices ofy8 County Court now sitting in Phila
delphia, was Read, Complayning against William Markham ffor not
delivering y8 Reccords and seal of y8 Said County.
adjornd till to-morrow, 7 in y8 morning. ,

At a meeting ofy8 Councill in y8 Councill Room in Philadelphia y8
5 7 Mo., 1690. PRESENT :
THOMAS LLOYD, Presid*.
John Symcock, Griff. Jones, Barth. Coppock,
Arth. Cook, Tho. Duckett, Griff. Owen,
Wm. Yardly, Wm. Stockdale, Wm. Markham, Sec".
Sam" Richardson,
A Lett' was Read ffrom Cadwallader Jones, Gover' of New Pro
vidence, bearing date ffrom thence ye 301" July, 1690, with a Procla
mation ffrom y8 sad Gover' to Incourage those who has any Claime any
land there to Returne.
The Address of y8 Justices of y8 County of Philadelph. ffor a
ffurther Strengthning y8 Authority ofy8 watch was Read. The board
Returned Answer that they well approved of Their address, and shall
give due Continance to y8 Same vpon all occasions. It was putt to
y8 vote whether Wm. Markham should bring y8 seal and Records of
y" County of Philadelphia and Deliver y8 same vp to this board : if
was Carried in y8 affirmative.
Wm. Markham, by Consent of y8 board, Entred this for his Reply:
that he was Keeper of y8 Rolls and seal by Commission, during good
behaviour, and his Commission not being Legally vacated, nor any
misbehaviour laid to his Charge, he thinks it his duty to Keep them
still in his Possession. '''¦•
The Councill haveing Thorov/ly Considered his Reply to their ord'
ffor y" Delivery of y seal and Records of This County, And being
Gen8" Satisfied that his Commission Determined w'h Cap' BlackwelPs
Station in y8 Governm', doe look vpon his Reply a Contempt to y" ord"
.of This ..board.
Vppon y8 Reading of y8 Petition of Severall of y8 Inhabitants of.
Philadelphia, Requesting the Care of y8 Councill in Referrence to a
Certaine vssell, whereoff John James is master, Ordered that notice
be given to the master, if in Towne, to Appear in y8 afternoon to
answer y? Complaint, and that Sam" Carpenter, w*b y8 Rest of y'
Petitioners, attend accordingly.
Adjorn'd till 3 in y8 afternoon.

PROVINCIAL COUNCIL. 303
Afternoon : Present as in y8 fforenoon.
The Petition of James ffox was Read, Requesting a Remission of
y8 Governour's part of 42 hdds. of Tobacco, w8b was Seised and Ap
praised at Nine p. hdd. The board ordered that it Should be left
vncollected vntill y8 Gover" be acquainted there w'".
John James, against whome y8 Complaint in y° fforenoon was Ex
hibited, not being in Towne, it was Defer'd till yc next sitting.
The Judges appoynted are- Arthur Cook, John Symcock, Joseph
Growdon, Peter Alrichs, Thomas Wynn.
adjornd till to-morrow, 7 in )° forenoon.

At a meeting of v8 Councill in y Councill room in Philadelphia
y«6lbofy87Mo.,1690. PRESENT S
THOMAS LLOYD, Presid.
John Symcock, Wm. Yardly, Wm. Stockdale,
Arth. Cook, Sam11 Richardson, Grif. Jones,
Griff. Owen, Barth. Coppock, Wm. Markham, Sec".
Tho. Duckett,
Ord83 that y8 Respective Sheriffs be- Charged with y8 Rec' of ye
Gover™ Rents and Dues. Ord8" That Arthur Cook be added to y*
Comission of y8 peace ffor Philadelphia County, and Johrf Symcock
to Chester.
adjordtill y8 ll*" Ins*.

At a Councill in y8 Councill Room at Philadelphia 7ber. 11, 1690.
present :
THOMAS LLOYD, P.
John Symcock, .. Tho. Duckett, Griff, Owen,
Sam" Richardson, Barth. Coppock, Wm. Markbam, Sec".
Sam" Carpenter, Phil. Richards and Jo" Delavall, three of y8 person
that Subscribed y8 Petition Read against John James y8 5th Ins'., Ap
peared to prossecute their Complaint against Jo" James, be being
present. Vppon y8 Debate ofthe whole matter, it was Ordered that a ffurther
Survey be made vpon y8 vessell, Riggin, dec of her sufficientcy ffor
performing her voyage to England, and 'in Case vpon y8 survey it
i/ appears that shee is Insufficient to performe her voyage to England,
*¦ ¦*•'' That The Goods mentioned in y8 Certificate, with y8 Cirtificate V
selfe, and Letters,he Secured to y8 satisfaction of y8 Governm*.

304 MINUTES OF THE
Ord84 That y8 Commission ffor y8 Judges be fforthwith drawne and
signed by y8 Presid.
Ord80 That y8 Presid provide a County seal' ffor Philadelphia
County. adjor. till ffurther ord'..

At a Meeting of y8 Councill in The Councill Roome at Philadelphia
the 21 of9ber. 1690. present i
Wm. Clark, Luke Watson, John Brinkloe,
Jo" Cann, Joha. D'Haes, Grif. Jones.
The members being mett, they proceeded to Choose their Presid',
and vnanimously Chose Wm; Clark.
The members of Sussex County setting fforth y' one y8 members of
Councill ffor their County, viz : Thomas Clifton, was gon to England,
whereby the Attendance of y8 other two may Light too heavy on
them, Resolved That a writt be forthwith drawn and Signed by the
Present President, to Choose an other to serve During his absence:
the day for y8 Election to be on y8 3d ofy8 next month.
The Councill takeing into Consideration y8 great Dammage and
Disappoyntments Caused by the neglect or vnwillingness of y8 Judges
to doe their Dutys in Severall Counties, that they were by Law and
Comiss0" obliged to Doe, And to the End that that Service may be
duly observed and Kept, They Thought ffitt to make a new Choyce
of Judges, and Chose John Symcock, Wm. Clark, Arthur Cook, Griff.
Jones andEdwdBlacke, who being Singly putt to y8 vote, were vnani
mously Chosen.
Ord8"" That according to the Proprietary's Example, There be, two
Commissions Drawne ffor the Judges, that y8 Province may be accom
modated, and y" Counties annex'd, with Each one; in which Com
mission John Simcock to be placed ffirst in one of Them, and Wm.
Clark ffirst in y8 other; The Commissions to.be in fforce vntill y8
Sitting ofy8 next Gen8" Assembly; And it was vnanimously agreed
and ordered that John Cann and John Brinkloe wayte vpon y"
Keeper, in order to have y8 broad seal to them.
Ordered that Commissions be fforthwith drawne for Continuing y8
Clarks of y Counties annexed in their Respective places, vntill y8
Proprietary himselfe shall think ffitt otherways to order it: Or that y8
Provinciall Councill, Two of y8 members of y8 Respective County
y8 Clark belongeth vnto, Consenting make it voyde.
The members of New Castle County Requests That a ffaire may
be Kept at y8 Towne of New Castle twice a year ;• it was vnanimously
agreed to, and Ordered y' it beheld ony8 3d and 4'" days of May, and
3 and 4*b days of 9ber Annually. J
Adjorned till Two in y8 afternoon.

PROVINCIAL COUNCIL. 305r>
AFTERNOON.
Present as in y* forenoon.
Resolved that henceforward no Officer be Commissionated or ap
pointed by this board ffor any of the Respective Counties within this
Government, vnless at Least two members of y' County be preseht
and assent therevnto : The w8*1 being putt to y8 vote, it past N. C. D.
John Cann de John Brinkloe Returned from wayting ony8 Keeper
with y8 Judges Commission to pass vnder y8 broad Seal, and reported
that y8 Keeper absolutely Refused to seal them; therefore, it was Or
dered that y8 Judges Act by Them vnder y8 lesser seale, as they are..
adjorned till ffurther order.

Gulielmus et Maria Die Gratia Angliae scotiae Frantia at Hiberniae
Rex et Regina Fidei defenspres dec. Dilecto Nobis Benjamino Fletcher
Armigero Salutem ad cognoscendum et procedendum in quibuscun
que Causis civilibus etmaritimus atque querelis contractibus delictis sen...
quasi Delictis criminibus placitis debitis, excambys Computis chartis
partitis conventionibus Litibus transgressionibus, injurys extortionibus
Demandis ac negotys civilibus ac maritimis motis sen movendis quibus
cunque inter mercatores aut inter Dominos et proprietarias navium et
aliorum Vasorum et mercatores sen alios quoscunque cum eisdem
Dominis et proprietarys navium et cseterorum Vasorum quorumcun-
que infra JurisdictionemmaritimamAdmiralitatisnostraeprovinciaeNo--
vi Eboraci et Territoriorum eisdem dependentium in America, viz: Co-
loniarum de Jersey Orientali et occidentali, Provinciae Pennsilvaniae
et Regionis Novi Castri ac Omnium terrarum tractuum et Territorio
rum eisdem dependentium occupatorumvel usitatorum sen interquas-
cunque alias personas qualitercunque habitis factis initis sen contractis
proaliqua re materia causa vel negotio sen injuria quacunque infra
Jurisdictionem nostram maritirnam praedictam expeditis sen expedien-
dis, Una cum omnibus et singulis suis incidentibus emergentibus
dependentibus annexis et connexio causis quibuscunque ubicunque
sen qualitercunque hujusmodi'Causa querelaeContractus et alia pro-
missa supradicta veleorum aliquod oriri celebrari, contrah vel fieri
contingat, juxta 'jura statuta Leges Ordinationes et consuetudines
ab.antiqua observata audiendum et terminandtim. Ac insuperin omni-
bus_et singulis querelis contractibus conventionibus et causis et negotys
civilibus et maritimis ultra mare per ficiendis ultrave mare contractis
qualetercunque emergentibus sen contingentibus. Ac etiam in caeteris
Causis et materys omnibus et singulis quae Jurisdictionem maritirnam
admiralitatis nostrae pradictae in Dictis provincia nostra Novi Eboraci
et territorys eisdem dependentibus in America, viz: Colonysde Jersey
orientali et occidentali provincia Pennsylvania? etRegione Novi Castri
ac omnibus terrarum tractibusetterritoryseisdemdependentibuset parti-
bus maritimis eorundem-et eisdem adjacentibus quibuscunque quovis
modo.tangunt sen aliquomodo concernunt vel ab antiquo pertinere de-
busrunt aut debeut. Et generaliter in omnibus et singulis alys Causis
Litibus Criminibus delictis- excessubus injurys querelis maleficys sen.

306 MINUTES OF THE
quasi maleficys TransgresBionibus Regratarys forstallarys et negotys
maritimis quibuscunque per Loca praedicta infra Jurisdictionem mari
tirnam admiralitatis nostras provinciae Nostra Novi Eboraci et territori-
orum eidem dependentium in America, viz: Coloniarumde Jersey Orien
tali et occidentali Provinciae Pennsilvaniae et Regionis Novi Castri ac
omnium terrarum tractuumet territoriorum eisdem Dependentium prse-
dict per mare vel aquam aut ripas sen Littora eorundem qualitercunque
factis C ommissis perpetratis aut emergentibus. Nee Non tad inquiren
dum per sacramentum proborum et Lsgalium hominum dedictis
provincia nostra Novi Eboraci et Territorys eidem dependens in Ameri
ca, viz : Colonys de Jersey orientali et occidentali provincia pennsil
vaniae et Regione Novi Castri ac omnibus terrarum tractibus et Ter
ritorys eisdem Dependens et partibus maritimis eorundem et eisdem
adjacentibus quibuscunque tam infra Libertates et ffrancheiss quam
extra ubi Libet Commorantium tam de omnibus et singulis quae de
Jure statutis Legibus Ordinationibus vel Consuetudinibus ab antique
observatis inquiri solent vel deberent quam de wrecco maris ac de om
nibus et singulis bonis et Catalis quorumcunque proditorum pirata-
rum Homicidarum et felonum qualitercunque infra Jurisdictionem ma
ritirnam admiralitatis nostrae provinciae nostrae Novi Eboraci et Ter
ritoriorum eidem dependens in America,Viz: Coloniarum de Jersey ori
entali et occidentali, provinciae pennsilvaniae et Regionis Novi Castri
ac omnium terrarum tractuum et territoriorum eisdem dependentium
prsedictdelinquentium: Ac de bonis debitis et Oatallis omnium et singu-
lorum eorum manu-tehentium accessariorum Consulentium auxilian-
tium vel assistentium quorumcunque, Atqus stiam de bonis debitis et Ca
talis quorumcunque personarium felonium de se et cujus libet personae fe-
lonis de se infra jurisdictionem nostram maratimam praedictam quovis
modo sen qualitercunquead mortem devenientium ubicun que bona debita
et Catalla hujus modi aut aliqua parcella eorundem per mare aquam vel
terram indictis provincia nostra Novi Eboraci et territorys eidem depen
dentibus in America, viz: Colonys de Jersey orientali et occidentali pro
vincia Pennsilvaniae et Regione Novi Castri ac omnibus Terrarum Trac
tibus et Territorys eisdem dependentibus etpartibus maritimis eorundem
et eisdem adjacentibus quibuscunque tam infra Libertates et ffrancheiss
quam extra fuerint inventa sen invenienda forisfacta sen forisfacienda
vel existentia quaecunque. Ac etiam de bonis debitis et Catallis quarum-
eunqus aliarum felonum de se et cujuslibet alterius personae felonis
de se infra jurisdictionem nostram maritirnam prsedict repertis sen
reperiendis Contingentibus quibuscunque. Et prsstera tam de bonis de
bitis et Catallis quorumcunque aliorum proditorum felonum et Homi-
cidarUm ubicunque Locorum delinquentium. Ac debonis Debitis et
Catallis eorum manutenentium accessariorum Consulentium auxilian-
tiam vel assistentium quam de bonis debitis et Catallis quorum cunque
ffugitivorum Convictorum attinctorum damnatorum utl'agatorum vel
in exigendo pro proditione felbnia homicidio vel murdro sen aliquo
alio quocunque offenso aut delicto qualitercunque posito sive penendo.
Atque etiam de Bonis Waviatis Fiotzon Setzon Lagon shares The-
sauro invento sen inveniendb Deod'andis. Ac debonis quorumcunque
aliorum pro delictis habitis vel habendis sen casu fortuito repertis aut

PROVINCIAL COUNCIL. 307
reperiendis vel qualitercunqus debitis sen debendis. Ac De omnibus
alys Casualibus tam insuper vel per mare Littoraque Crecas aut
Costeras maris vel partes maritimas quam in super vel per aquas
dulces- portus flumina publica rivos sen Crecas aut Loca super-
inundata quaecunqus infra fluxum et refluxum. maris sen aquae
ad plenitudinem aut super Littora vel ripas alicujus eorundem infra
Jurisdictionem nostram maritirnam. praedictam qualitercunque quando-
cunque vel quomodocunque emergentibus contingentibus sivs pro-
venientibus quibuscunque vel ubicunque bona debita et Catallahujus-
modi aut caetera prssmissa vel aliqua parcella eorundem infra Juris
dictionem nostram maritirnam praedictam reperiantur. aut inveniri sen
reperiri contigerint. Ac in super de amheragys et Lastagys sen areuoso
navium oneratione Et de piscibus Regalibus, viz: Sturgeombus Bale-
nis Cetis porpesys Delphinis, riggis ac graspitys et generaliter de
essteris piscibus. quibuscunque magnam sive ingentem Crassitudinem
sive pinguedinemin sehabentibus ab antiquo. dejure vel consuetudine
ad nos quovis modo pertineHtlbus aut spectantibus sen aliquo modo .
consuetis eademque wreccum maris ac bona debita et catalla etcae--
tera praemissa omnia et singula una cum omnibus et omnimodis finibus
mulctis-exitibus forisfacturis amerciamentis redemptionibus et recbg-
nitionibus quibuscunque forisfactis sen forisfaciendis et poenis pecu
niary s pro transgressionibus delictis injurys extortionibus contemptibus
accalys maleficys quibuscunque vel proaliqua re materia sen causa
quacunque impositis vel inflictis imponendis vel in fligendis qualiter
cunque in Dictis provincia nostra Eboraci et territorys eidem depen
dentibus in America, viz : Colonys De Jersey orientali et Occidentali,
Provincia Pennsilvaniae, et Regione Novi Castri ac omnibus terrarum
tractibus et Territorys eisdem dependentibus et partibus , maritimis
sorundum et eisdem adjacentibus quibuscunque in aliqua Curia admi
ralitatis nostrae ibidem tenta sen tenenda presentatis sen presentandis
assidendis afferendis forisfaciendis sen adjudicandis. Ac etiam una cum
amerciamentis exitibus finibus perquisitis mulctis et poenis pecuniarys
quibuscunque ac forisfacturis quarumcunque recognitionum coram
Vobis vestiove Locumtenente deputato vel deputatis indictis ^provincia
nostra Novi Eboraci et Territorys eidem dependentibus in.-, America,
viz,: Colonys de Jersey orientali et occidentali, provincia Pennsil-
vaniae-et Regione Novi Castri; ac omnibus Terrarum Tractibus et
Territorys eisdem Dependentibus et partibus maritimis eorundem et
ysdemadjacentibus quibuscunque audiendis et terminandis assignatis
senassignandis contingentibus sen impositis aut imponendis-vel in fli--
gendis sen aliquo modo assidendis, afferendis forisfaciendis sen adjudi
candis aut aliquo modo occasione praemissorum Nobis vel Heredibus
sen. Successoribus nostris in eaparte qualitercunque Debitis sive De
bendis quibuscunque pretendum.exigendum, Levandum Capiendum,
Colligendum recipiendiimst obtinendum ac ad usum.nostr.uraat;officy
magnae Admirallas nostrae Angliae praedict pro tempore existeute cus-
todiendum et conservandum. Ac insuper recognitiones Cautiones
obligationes et stipulationes-quascunque. tam ad usum nostrum quam
ad quarumcunque partium* instantiam pro Conventionibus sen debitis
ac-aljs causis quibuscunque capiendm.easque executioni. ponendem

308 MINUTES OF THE
et exequi faciendm et mandandum. Nee non naVes personas, res, bona,
merces, it mercimonia quaecUnque pro praemissis et eorum quolibet
acalys causis quibuscunque ea concernentibus ubicunque Locorum
per dicta pro vinciamnostram Novi Eboraci et Territoria eidemdependen-
tia in America, viz: Colonias de Jersey orientali et occidentali, pro-
vinciam Pennsilvaniae et Regionem Novi Castri ac omnes terrarum
tractus et Territoria eisdem dependentja et partes maritimas eorundem
et sisdem adjacentes quascunque infra Libertates et ffrancheiss vel ex
tra fuerint inventa sen reperta Atque etiam pro alys Conventionibus
causis sen debitis quibuscunque qualitercunque contractis sive emer
gentibus dum modo bona sen catalla sen personae dsbitorum reperian-
tu'r infra jurisdictionem nostram praedictem juxta Leges Civiles et mari
timas et consuetudines ab antiquo usitatas realiter arrestandum et ar-
restari faciendum et mandandum Spsasque cum.suis emergentibus, de-
; pSndentibus incidentibus, annexis et connexis Causis et negotys quibus
cunque una cum caeteris causis Civilibus et maritimis atque querelis con
tractibus et alys praemissis omnibus et singulis quibuscunque Superius
respective expressis j uxta Leges et consuetudines praedictas, ac alys vy s
modis et modys Legitimus quibus melius Sciveris aut preteris audiendm
examinandm disentiendm et fine debito Terminandm. Ac personas
quascunque inea parte prout casus exiget comparere et respondere
cum cujuslibet Coertionis temporalis alteriusque poenae et mulctae
poteslate juxta Leges et consuetudines praedictas compellendm ac justi-
tiam faciendm et ministrandm etiam juris ordine servato sen velo Le-
vato sine Strepitu et figura justitiae sola fact! et rei veritate inspecta
procedendum Reosque et Contemptores ac juris sen Jurisdictionis
admiralitatis nostras violatores et Usurpatores delinquentes et contu-
maciter absentes Nam Ceros Marinarios Remiges piscatores nanpe-
gos et alias operarios et expertos quoscunque res Nauticas quascunque
exercentes juxta jura statuta Leges Ordinationes et consuetudines ab
antiquo observata mulctandm Corrigendrn puniendm Castigandm et
reformandm ac in quibuscunque Carceribus infra provinciam nostram
Novi Eboraci et Territoria eidem dependens in America, viz : Colo
nias de Jersey orientali et occidentali, provinciam Pennsilvaniae et Re
gionem Novi Castri ac omnes terrarum tractus et territoria eisdem
dependentia praedictexistentibus incarcerandum etincarcerari faciendm
et mandandm Incarceratosque quascunque inea parte qui deliberandi
fuerint deliberandum et penitus exonerandum et exonerari faciendm et
mandandum, Flumina que publica portus rivos et aquas dulces et
Crecas quaecunque infra Jurisdictionem Nostram maritirnam prae-
dictam ubicunque Locorum in Dictis provincia nostra Novi Eboraci et
Territorys eidem dependentibus in America, viz: Colonys de Jersey
orientali et occidentali, Provincia Pennsilvanas et Regione Novi Castri,
ac omnibus terrarum tractibus et territorys eisdem dependentibus et
partibus maritimis eorundem et eisdem adjacentibus quibuscunque ex-
istuntpro Conservatione tam Classis nostrae ac Classium etNavigiorum
Regnorum et domihiorum-Nostrorum praedictorum quam pisciUm in
eisdem fluminibus et Locis praedict crescentium quorumcunque Nee
Non jura statuta Leges, ordinationes et consuetudines ab antiquo ob
servata in dictis provincia Nostra. Novi Eboraci et Territorys eidem

PROVINCIAL COUNCIL. , 809
dependens in America, viz: Colonys de Jersey orientali et occidentali,
provincia Pennsylvaniae et Regione Novi Castri ac omnibus terrarum
tractibus et Territorys eisdem dependentibus et partibus maritimis
eorundum et eisdem adjacentibus quibuscunque conservandum et exequi
et conservari faciendm omniaque et singula alia faciendm exercendm
expediendm et exequendum in praemissis et eorum quolibet prout de
jure et secundum Leges et statuta Ordinationes et Consuetudines prae-
dict fuerint faciendm. Ac in super Retianimis stricta acalia ingenia sive
rnstrumenta quaecunque illicita circa prensionem piscium ubicunque
Locorum per mare aut flumina publica portus, rivos aquas dulces sen
Crecas quaecunque per provinciam nostram Novi Eboraci et territoria
eidem dependens in America, Viz: Colonias de Jersey orientali et occi
dentali, Provinciam Pennsilvaniae et regionem Novi Castri ac omnes
terrarum tractus et territoria eisdem dependentia praedict et partes
maritimas eorundum et eisdem adjacentes quascunque infra jurisdic
tionem nostram praedictam ubicunque Locorum: per aquam Occu-
pata sive exercitata ac Exercitatores et occupatores eorundem jux
ta jura statuta Leges ordinationes et Consuetudines praedicta pu-
niendm corrigendm et reformandm, Sententiasque et decreta quae
cunque fulminandum promulgandm et interpenendm, Eaque execu- .
tione demandandm cum cognitione et jurisdictions quarumcunque alia-
rum Cavsurum civilium et maritimarum, quis sunt maris sen quae mare
vel maris pertransitum sive passagium aut Iter navale sive Viagium
maritimum vel Jurisdictionem nostram maritirnam supradictam sen
Loca vel Limites admiralitatis nostrae praedictae et Cognitionem
antedictam ac alia quaecunque expedita vel expedienda quovis modo
Concernunt sen respiarint etiam cum potestate procedendi in eisdem
juxta jura statuta Leges, ordinationes et consuetudines praedicta ab an
tiquo usitata tam ex officio mero mixto vel promote) quam ad alicujps ,
partis instantiam prout casus exiget et expediens visum fuerit, Et
etiam cum Cognitione et decisianede wrecco maris magno sen parvo
ac de morte submersione et Visu corporum mortuorum quarum
cunque personarum in mare vel Fluminibus publicis portibus aquis
dulcibus son Crecis quibuscunque infra fluxum maris et aquae ad
pfenitudinem psrdicta provinciam nostram Novi Eboraci ct Territoria
eidem dependentia in America, viz: Colonias de Jersey orientali et
occidentali, provinciam Pennsilvaniae et Regionem Novi Castri 'ac
omnes Terrarum Tractus et Territoria eisdem dependentia et partes
maritimas eorundum et eisdem adjacentes quascunque vel alibi infra
jurisdictionem nostram praedictam qualitercunque inter fectarum sive
submersarumaut inter ficiendarum sen submergendarum sive murdera-
tarum vel nuwderandarum aut aliquo alio modo ibidem ad mortem
devenientium; Uha cum cognitione de Mahsmio in Locis praedict infra
Jurisdictionem nostram maritirnam praedictam ac fluxum maris et aquae-
ibidsm contingsnti, Cum potsstats stiam puniendi delinquentes in ea
parte quoscunque juxta juris exigentiam et consuetudines praedictas
caeteraque omnia et singula quae in prasmissis tantum et circa ea
necessaria fuerint sen quomodo Libet opportima juxta et secundum
Jura Statuta Leges, ordinationes et consuetudines praedicta faciendum
exercendm expediendm et exequendm. Tibi ds cujus fidelitate et Cir-
eumspectionis industria plurimum in hac parts confidimus Vicss et

310 MINUTES OF THE
authoritatum Nostras- in et per provinciam nostram Nov! Eboraci et
territoria eidem dependentia in America", Viz: Colonias de Jersey ori
entali et occidentali, provinciam Pennsilvanae et Regionsm Novi Cas
tri ac omnes terrarum tractus et Territoria eisdem dependentia prae
dicta et partes maritimas eorundam et eisdem adjacentes quascunque
Atque etiam per omnia et Singula Littora maris fluminaque publica
portus, aquas dulces Rivos Crecas,ac brachiatam maris quamfluminum
et Costerias quacunque dictorum provinciae Nostrae Novi Eboraci et
territoriorum eidem dependentium in America Viz: Coloniarum de
Jersey orientali et occidentali, Provinciae Pennsilvaniae et Regionis
Novi Castri, ac omnium Terrarum Tractuumet Territoriorum eisdem
dependentium et partium maritimarum eorundem et eisdem adjacenti-
um quarumcunque infra Libertates et ffrancheiss ac extra Committi-
mus per praesentes ac coneedimus, Cunr'potestate alium vel alios
Deputatum sive deputatos quottes Tibi sxpsdiens visum fuerit Loco
tuo in praemissis deputandt et Surrogandi Ac etiam cum potestate
quoscunque alios officiarios et ministros pro dicto officio et exercitio
ejusdem indictis provincia nostra Novi Eboraci et territorys eysdem
dependentibus in America, Viz: Colonys de Jersey orientali et occi
dentali, provincia Pennsilvania et Regione Novi castri ac omnibus
Terrarum Tractibus et territorys eisdem dependentibus et partibus
maritimis eorundem et eisdem adjacentibus quibuscunque sub Te ne-
cessarias idoneos et opportunos (Judice Registrario et nvarrescallo
exceptis) de Tempore in tempus nominandi per ficiendi ordinandi
assignandi faciendi et constituendi (Salvo semper Jure Suprema Curia?
admiralitatis nostrae Angliae Nee Non Indicis et Registrary ejusdm
Curiae, Quibus et eorum alteri in aliquo nolumus derogare per prae
sentes, Et Salvo Jure cujuscunque Laesi et gravati per aliquam Senten-
tiam Definitivam, sive decretum Inter Locutorium in Curia vice admi-
rallitatis provinciae nostrae Novi Eboraci et territoriorum eidem de
pendentium in America, Viz: Coloniarum de Jersey orientali et occiden
tali, provinciae Pennsilvanias et Regionis Novi Castri ac omnium ter
rarum tractuum et Territoriorum eisdem dependentium preedict ferendm.
ad Supremam Curiam admiralitatis nostrae Angliae praedict appelandi)
Teque praefatum Benjaminum Fletcher armigerum Vice admirallum
Commissarium ac Deputatum nostrum in •¦ Officio Vice admiralitatis in
provincia nostra Novi Eboraci et territorys eidem dependens in America,
Viz: Colonys de Jersey orientali et occidentali, provincia Pennsilvaniae
et Regione Novi Castri ac omnibus terrarum tractibus et territorys eis
dem dependentibus praedict et partibus maritimis eorundem et eisdem
adjacentibus quibuscunque; Una cum omnibus et Singulis feodis pro-
. ficinis advantagys, emolumentis Commoditatibus et pertinentys qui
buscunque eidem officio Vice Admiralli Commissary et Deputati in
dictis provincia nostra Novi Eboraci et Territorys eisdem dependens
in America, Viz :¦ Colonys de Jersey orientali et occidentali, provincia
Pennsilvanias et Regione Novi Castri ac omnibus terrarum tractibus ac
territorys eisdem dependentibus et partibus maritimis eorundem et
eisdem adjacentibus quibuscunque Juxta ordinationes et statuta Su-
premae Curiae admirallitatis nostraeAngliae praedict debitis et spectanti-
bus Ordinamus proficimus et deputamus per praesentes ad beneplacitum

PROVINCIAL COUNCIL. 311
lostrum tantum modo duratur. Proviso tamen semper et subhac
Lege et conditione Quod si Tu prrsfatus Benjaminus Fletcher armiger,
Nos et Locum Tenentem nostrum supremae Curiae admirallitatis
nostrae Angliae et indicta Curia et officialem principalem Commis-
sariumqus Generate m et Specialem ac sjusdem Curiae praessden-
tem et Indicem de omni eo quod de tempore in tempus vigors
praesentium feceris, executus fueris, colligeris aut reciperis in praemis
sis vel praemissorum aliquo annuatim, Viz: in fine Cujuslibet anui in
ter festa Sancti Michaelis Archangeli et Omnium Sanctorum, Cum pie-
no et fideli Computo Superinde sub authentica forma conficierida, ac
Sigillo officy Nostri in Custodia tua renianente Sigillando debite non
certificaveris et certiorem reddi feceris cum offertu, Extunc et post de-
faltam in ea parte, hujusmodi Litera nostrae Patentes de officio Vice
admiralli praedict Tibi ut p' fertiri concessae vacua et irrita erunt nul-
liusque ro boris aut offertus, Mand antes omnibus et Singulis proceri-
bus Justiciarys majoribus Vice Comitibus Capitianeis Senescallis Bal-
livis et Custodibus Goalarum et Carcerum nostrorum quorumcunque
et Constabularys caeterisque ministris et fidelibus subditis et Ligeis
nostris quibuscunque et eorum cuilibet tam infra Libertates sen fran-
cheiss quam extra Quod Tibi et Deputato-Tuo cuicunque alysque offi-
ciarys ejusdem vice admirallitatis nostrae in provincia nostra Novi
Eboraci et territorys eidem dependentibus in America, viz: Colonys de
Jersey orientali et occidentali, provincia Pennsilvaniae et Regione Novi
Castri ac omnibus Terrarum tractibus et territorys eidem dependen
tibus praedict et partibus maritimis eorundm et eisdm adjacentibus
quibuscunque per Te assignatis sen assignandis circa executionem
praemissorum et eorum cujuslibet intendentes faventes auxiliantes pa-
rentes pariteret obedientes sint in omnibus prout decet sub poena juris
etpericulo incumbens. Datum Londini in Suprema Curia admirallita
tis nostrae Angliae sub sigillo ejusdem magno.
Decimotertio die mensis, > Anno Dui Millesimo Sextentesimo,
Regnique Nostri Quarto. 5 nonagesimo secundo.
ORLANDO GEE, Reg. Eius.

§ BENJAMIN FLETCHER, Captain Generall & Go-
>a vernour in Chief of the province of New-yorke, province
3 of pennsilvania, Countrey of New Castle de the Territo-
• ries &l Tracts of land Depending theron, in America, Un
der their majesties, Wm. & Mary, by the grace of God, of
England, Scotland, France de Ireland, King & Queen, defendrs ofthe
faith, &c, To William Markham, Esq'.,Leiu* Govern' of pennsilva
nia de the Countreys of New Castle, greeting: By virtue ofthe power
de authoritie granted me by our Soveiaign Lord & Lady, Wm. de
Mary, by the grace of God, of England, Scotland, france & Ireland,
king de Queen, defendrs of the faith, &c, under the great seal of
their Admiralty, Constituting de appointing me Vice Admirall of the
province of Newyorke, Colonyes of East de West Jersey, province of
pennsilvania et Countries of New Castle, dec: And reposing speeiall
|rust in yor fidelitie in this behalf, I doe by these presents Constitute

312 MINUTES OF THE
& appoint you my dsputy or Surrogate in thesd office of vies admi-
rail, so farr as it is Extended over the sd province of Pennsylvania de
Countrey of new castle, And doe by these p'nts give & grant unto
you, the sd Wm. Markham, full power and authoritie to doe, execute de
perform all things which I my selfe might Lawfullie dos, by virtus of
ths sd office of vice admirall, so farr as it is extended over the pro
vince of pennsilvania de Countrey of Nsw Castle aforsd, according to
the Severall powers, authorities de directions contained in my Com-
mission for the sd office of vice admirall as aforesaid, (which I havs
Caused to bs registred in ths province of pennsilvania,) de such other
instructions as you shall from time to time receive from mce, undr
my hand: providsd alwayss, that you shall from tims to tims transmitt
unto me a trus de sxact acco* of all what you shall doe, execute or
perform, by virtue of these presents. Given undr my hand & seal
att Philadelphia, the 17*" day of May, in the 5lb year of their maties'
reign, Annoque domi., 1693. BEN. FFLETCHER.

His Excellency BENJ" FLETCHER, his Commission und' the great
Seal of England, to be Cap' Generall and Governo' in Cheif in and
over their Maties. Province of Pennsilvania de Countrie of New
Castls, &c
William and Mary, by, the grace of God, King and Queene of Eng
land, Scotland, France and Ireland, defenders of the faith, &c. To
Our Trusty and well beloved Benjamin ftletcher, Esquire, our Cap
tains Gsnsrall and Governo' in Chiefs of our province of New Yorke,
and the Territories depending theron, in America, Greeting :
Whereas, by Our Commission, under our great Seale of England,
bearing date the eighteenth day of March, in the fourth yeare of our
Reigne, Wes havs Constituted and appointed you, the said Benjamin
ffletcher, to be our Captaine Generall and Governo* in Chiefe in and
over our Province of New Yorke, and the dependencies thereon, in
America: And have thereby granted unto you full power and autho
rity, with the advice and Consent of our Councill, as need shall
require, to Summon and Call Generall Assemblies of the Inhabitants,
being ffreeholders, within our said province, according to the usage
of our province of New Yorke : And that the persons thereupon duely
Elected by the major part of the ffreeholdsrs of the respective Coun
ties de places, and soe returned, and haveing before theire Sitting
taken the oathes appointed by act of Parliament to be taken, in Stead
of the oathes of Allegiance and Supremacy, and Subscribed the Test,
and without takeing and Subscribing whereof none shall be capable of"
Sitting, tho* elected, shall be called and held the Generall Assembly
of that our said province: And have thereby granted unto you, the
said Benjamin ffletcher, by and with the Consent of our said Coun
cill and Assembly, or the major part of them, full power and au
thority to make, constitute and ordaine Lawes, Statutes and or-
dinances, for the publick peace, welfare, and good government of our
said province, and of the people and Inhabitants thereof; which said

PROVINCIAL COUNCIL. SI 3
Lawes, Statutes and ordinances, are to be (as neare as may be)agreea-
ble to the Laws and Statutes of this our kingdome of England: Pro
vided, that all such Lawes, Statutes and ordinances be within three
months, or Sooner, after the making therof, Transmitted unto us,
under our Seale of New Yorke, for our approbation or disallowance
of the same ; And in Case any or all of them, being not before Con
firmed by us, Shall att ante time be disallowed and not approved, and
soe Signified by us, our heires de Successors, under our, or their Signe
manuall or Signett, or by order of our, or their, privy Councill unto
you, the said Benjamin ffletcher, or to the Commander in Chiefe of
our province of New Yorke for the time being, Then such & soe
many of them as shall be soe disallowed and not approved, Shall
from thenceforth cease, determine, and become utterly ,void and of
none effect. And to the end that nothing may be passed or done by our
said Councill or Assembly, to the prejudice of us, our heires and
Successors, Wee have thereby willed &, ordained that you, the said
Benjamin ffletcher, shall have and enjoy a Negative Voice in the
makeing and passing of all Lawes, Statutes & ordinances, as afore
said; And that you shall de may likewise, from time to time, as you
shall judge it necessary, adjourne, prorogue and Dissolve all Generall
Assemblies, as aforesaid; With full power and authority from time
to time, by your Self, or by any other to be authorized by you in that
behalf, to administer and give the Oathes appointed by act of Parlia
ment to be taken in stead of the Oaths of allegiance and Supremacy,
to all and every such person or persons, as you shall thinke fitt, who
shall att any time-or times passe into our said province, or shall be
resident or abiding there ; and with the advice and consent of our
Said Councell, to Erect, constitute and establish Courts of Judicature
and publick Justice within our said province, and for the hearing and
determining of all Causes, as well Criminall as Civill, according to
Law and Equitie, and for awarding of Execution thereupon, with
all reasonable and necessary powers, authorities, fees and privile
ges belonging unto them: As also, to appoint and Commission
ate fitt persons in the Severall parts of our said province, to ad
minister the Oaths appointed by act of parliament to be taken
instead of the oathes of allegiance and Supremacy, and the Test, unto
such as shall be obliged to take the same : And also, to Consti
tute and appoint Judges, Justices of the peace, and other necessary
officers and ministers in our said province, for the better administra
tion of Justice and putting the Lawes in execution, and to administer,
or cause to be administerd, such Oath or Oaths as are usually given
for the due execution and performance of dffices and places, and for
the clearing of Truth in Judiciall Causes. And Whereas, wee judge
it necessary that all our Subjects may have Liberty to appeale to our
Royall person in Civill Causes that may deserve the same, Wss have
thereby further signified our pleasure, that if either party shall not
rest Satisfied with the judgment or Sentence of the Superior Courts of
our said province, They may then appeale unto us in Our privy Coun
cill, provided the matter in difference exceed the reall value and Sum of
three hundred pounds Sterling, and that such appeale be made within
27

314 MINUTES OF THE
one ffortnight after sentence, and that security be Likewise duely given
by the appellant, to answer such charges as shall be awarded in Case
the first sentence shall be confirmed: And provided also, that execu
tion be not suspended by reason of any such appeale unto us, And
where you shall judge any offender or offenders in Criminall matters,
or for any ffines or forfeitures, fitt objects of our mercy, you have fbH
power and authoiity to pardon and remitfr such offences, ffines and
fforfeitures, before or after sentence given, Treason and willfull mur-
ther onely excepted; In which Cases, upon extraordinary occasions,
you are to grant reprieves to the offenders untill our Royall pleasure
may be knowne therein. And Whereas, by our said Commission,
wee have given de granted unto you, the said Benjamin ffletcher, by
yourself, your Captaines, de Commanders, by you to be authorized,
full power and authority to Levy, arme, muster, Command and em
ploy all persons whatsoever, residing within our said province, under
vour government ; and as occasion shall serve, them to Transferr
from one place to another, for the resisting and withstanding of all
enemies, pirates and rebells, both att Sea and Land, and to transport
such forces to ante of our plantations in America, as occasion shall
require, for the defence of the same against the invasion or attempts
of any of our enemies ; And to execute martiall Law in time of in
vasion, insurrection or warre, and during the continuanceof the same,
as also upon Soldiers in pay, and to doe and execute all and every
other thing and things which to a CaptaiDe Generall Doth or ought of
right to belong; And also, to erect, raise and build in our said pro
vince, such fforts, plattforms, Castles, City s , Boroughs, Townes & fforti-
fications, as you, by the advice aforesaid, shall judge necessary ; and
the same, or any of them, to fortify and furnish with Ordnance, Am
munition, and all sorts of armes, fitt and necessary for the security
and Defence of our said Province: And Whereas, wee have thereby
further given and granted to you, the said Benjamin ffletcher, ffull
power and authority to Erect one or more Court or Courts admirall
within our province of new yorke, for the hearing and determining; of
all Marine and other causes, de matters proper therein to be heard,
with all reasonable and necessary powers, authorities, ffees and privi
leges ; and to exercise all powers belonging to the place & office of
Vice admirall of and in all the seas and coasts about our said province,
according to such Commission, authority and instructions as you shall
receive from our selfe, under the seal of our admiralty, or from our
High admirall, or Commissioners for executing the office of High admi
rall of our fforeigne plantations, for the time being; And to Order and
appoint ffaires, marts and marketts; as also, such and so manie ports,
Harbours, Bayes, havens and other places for the Convenience and Se
curity of Shipping, and for the belter Loading and unloading of goods
& merchandizes, as by you, with the advice and consent of our said
Councill, shall be thought fitt and necessary ; And in them, or anie of
them, to erect, Nominate and appoint Custome houses and officers re
lating thereunto, and them to alter, change, place or 'displace, from
time to time, as with the advice aforesaid shall be thought fitt, with
seyerall other powers de authorities granted & appointed you by our

PROVINCIAL COUNCIL. 315
said Commission, for the good governing di for the Defence and secu
rity of our sd province of New Yorke, and Inhabitants thereof.
And M hereas, by reason of great Neglects and miscarriages in
the government of our province' of Pennsilvania in America, and the
absence ofthe proprietor, the same is fallen into Disorder & confusion
By meanes whereof not onely the publick peace & administration of
Justice (whereby the properties of our subjects should be preserved in
those parts) is broken and violated, But there is also great want of
provision for the Guard <fc defence of our said province against our
enemies, whereby our said province, & the adjacent Colonies, are
much exposed, and in Danger of being Lost from the Crowne of
England : For the prevention whereof, as much as in us Lies, and
for the better defence and security of odr Subjects Inhabiting those
parts During this time of warr, Wee find it absolutely necessary to
take the government of Our province of Pennsylvania into our owne
hands, and under our Immediate care and protection. Wee therefore,
reposing especial! Trust and Confidence in the prudence, courage and
Loyally of you, the said Benjamin ffletcher, Have thought fitt to con
stitute and appoint you, the said Benjamin ffletcher, to be our Captaine
Generall and Governor in Chiefe in and over our province of Penn
silvania and Countrey of New Castle, and all the tracts of Land de
pending thereon in America : And wee doe accordinglie, by these
presents, Command and require you to take the said province de Coun
trey under your government; And for the better Ordering governing
and ruling our said province & Countrey, and the Tracts and Ter
ritories Depending theron, Wee doe hereby give and grant unto you,
the said Benjamin ffletcher, all de every the Like powers and authori
ties as in oar said Commission, bearing dale the eighteenth day of
March, in the fourth yeare of our reigne, are given, granted and ap
pointed you for the ruleing and governing our province of New Y'orke,
to be exercised in lake manner, by you, the said Benjamin ffletcher,
in and over our said proyince of Pennsilvania and Countrey of New
Castle, and the Territories de tracts of Land depending theron, in
America : Axd Web Doe hereby require and Command you to doe
and execute all things in due manner, that shall belong unto your said
Command, and the Trust wee have reposed in you, accruing to the
severall powers and directions granted or appointed you by this pre
sent Comission, or our Commission aforesaid, and such other In
structions de authorities as are, or att anie time hereafter shall be
granted or appointed you, under our Signett & Signe manuall, or by
our order in our privy Councill, and according to such reasonable
Lawes and Statutes as now are in force, or hereafter shall be made
and agreed upon by vou, with the advice and consent of the Councill
and Assembly of our province of Pennsilvania and Countrey of New
Castle aforesaid : Awn Ont Win. and Pleasure is, and wee doe
by these presents require and Command you, the said Benjamin
ffletcher, untill our further pleasure shall be knowne, to nominate and
appoint a Leiutenant Governo" of our said province of Pennsilvania
and Countrey of New Castle, unto which Leiutenant Governo' wee
doe hereby give and grant full power and authoritie to doe and execute

316 MINUTES OF THE s
whatsoever bee shall be by you authorized and appointed to doe, in
pursuance and according to the powers <fc authorities hereby granted
unto you. And Our Further Will and Pleasure is, and wee
doe by these presents, Require and Command you in Like manner
to nominate and appoint such de so many Councellors as you shall
thinke requisite for our service, not exceeding the Number of
Twelve persons att the most, out of the principall ffreeholders de
inhabitants of our said province and Countrey, which said Coun-
cellours, or anie three of them, shall be att all Times held and
deemed a Councill to be ayding and assisting to you, and to our Leiu
tenant Governo', with their advice, in the administration of the pub
lick affaires of that our province and Countrey. And wee Doe hereby
give and grant unto you full power and authoritie from time to time
to suspend such our Leiutenant Governo', or anie of the members of
our Councill, soe appointed by you, from their respective places and
Trusts, if you shall find just Cause for soe doeing, de to appoint others
in their stead: And Whereas, wee Have been informed ofthe good
affection of the Inhabitants of our Colonies of East and West New
Jersey in America, and that the militia of these Colonies Consist of
ffourteene hundred men, well armed de disciplined; And it being Con
venient in this time of danger, that the forces of our Subjects inhabit
ing those parts be united as much as maybe upon all occasions that may
require the same, Wee have therfore thought fitt, and wee doe by
these presents grant full power & authority to you, the said Benjamin
ffletcher, and to the Governo' <fe Commander in Chiefe of our province
of Newyorke, for the time being, for & during this present warr be
tween Us and the ffrench King,, to draw out and Command anie part
ofthe militia of our Colonies of East and West New Jersey in Ameri
ca, not exceeding Seaven hundred men att anie one time ; and to cause
them to march out of our said Colonies, for the security or defence of
Newyorke or Albany, or anie other parts or places of our province
of Newyorke, under your Government, in case of anie Invasion, In
surrection, or attempt of the ffrench or Indians upon our said province,
or anie part thereof. And wee doe hereby require & Command all
officers and ministers, Civill & Military, and all other the inhabitants
pf* Our province of Pennsilvania and Countrey of New Castle, and
our Colonies of East & west New Jersey, respectively, to be obedient,
ayding de assisting unto you, the said Benjamin ffletcher, in the exe
cution of this our Commission, and the powers & authorities herein
contained. And in Case of your death, or absence outt of our pro
vince of Newyorke and pennsilvania, our Countrey of New Castle,
and our Colonies of East de West New Jersey, To be obedient, ayding
de assisting to such person as shall be appointed by us to be Command
er in Chiefe of our province of Newyorke for the time being; To
whom wee doe therfore, by these presents, give & grant, all de singu
lar, the powers and authorities aforesaid, to be executed and enjoyed
by him for and during our pleasure, or untill your arrivall within
our province and Countreys aforsd. And if upon such death or absence,
there'be no person residing within our said provinces or Countreys,
Commissionated or appointed by us to fee Commander in Chiefe of our

PROVINCIAL COUNCIL. 317
province of Newyorke, OUR will de pleasure is, that the then present
Councill of Newyorke doe take upon them the administration of the
Government of our province of Pennsilvania and Countrey of New
castlfe, and execute this Commission, and the powers and authorities-
herein contained, in Like manner as in the government of our pro
yince of Newyorks. And Lastly, wee doe, by these presents, de
clare and appoint That you, the said Benjamin ffletcher, shall and
may hold, exercise and enjoy the office( and place of Captaine Gene
rall and Governor in Chiefe in and ovsr our province of Pennsilva
nia and Countrey of New castle, and the Territories and Tracts of
Land depsnding theron, in America, during our will and pleasures
In Wittnesse wherof, wee Have Caused our Letters to be made pa
tents. Wittnesse Our Selves, att Westminster, the One and Twen
tieth day of October, in the fourth yeare of our Reigne.
Per Bre. De privato Sigillo, CHUTE-

His Excellency BENJ" FLETCHER,, his Comission und the great
Seal of England, To be Cap' Generall de Governo' in Chief In and
over their Maties province of New-yoi k, dec.
William and Mary, by the Grace1 of God, King and Queene of
England, Scotland, tfrance and Ireland, defenders of the faith, &c:
To our Trusty and well beloved Benjamin ffletcher, Esquire, Greet
ing. WEE Reposing especiall Trust and Confidence in the prudence,
Courage & Loyalty of you, the said Benjamin ffletcher, out of our
especiall Care, Certaine knowledge and meere motion, Have thought
fitt to Constitute & appoint, And we doe by these presents Consti
tute and appoint you, the said Benjamin ffletcher, To be our Captain
Generall and Governo' in Chiefe in and over our province ofNew-
yorke, and the Territories depending theron, in America : And Wee
doe hereby Require and Command you to doe and execute all things
in due manner that shall belong unto your said Command, and the
Trust wee have reposed in you, according to the»severall powers and
directions granted or appointed you by this present Commission,- and
the Instructions herewith given you, or by such further powers, in
structions and authorities, as Shall att anie time hereafter be granted
or appointed you, under our Signett and Signe manuall, or by our
order in our privy Councill, and according to such reasonable Laws
and Statutes as now are in force, or hereafter shall be made and agreed
upon by you, with the advice and Consent ofthe Councill de Assem
bly of our said province, under your government, in such manner and
forme as is hereafter expressed : And Wee Doe hereby Give and
Grant full power unto you, the said Benjamin ffletcher, after you have
first taken an Oath for the due execution of the office and Trust of
our Captaine Generall and Governo' in Chiefe, in and over our said
province of Newyorke & the territories Depending theron, which our
said Councill, or any five of them, have.hereby full power and authority,
andare requiredto administer unto you, To give and administer to each
27*

318 MINUTES OF THE
of the members of our said Councill, as well the oathes appointed
by act of parliament to be taken in stead of the oathes of allegiance
and Supremacie, as the Test, and the oath for the due execution of
their, places & Trust; And Wee Doe hereby Give and grant unto
you- full power de authority to Suspend any of the members of our
said Councill from Sitting, voting and assisting therein, if you shall
find just cause for so doeing ; And if it shall att anie time happen
that by the death, departure outt of our said province, or suspension
of anie of our Councillors, there shall be a vacancie in our said Coun
cill, Anie three wherof wee doe hereby appoint to be a Quorum, Our
Will and Pleasure is, That you Signify the same unto us by the
first opportunity, that wee may, under our Signett and Signe Manuall,
Constitute and appoint others in their stead : But that our affairs att
that distance may not suffer for want of a due number of Councillors,
if ever it shall happen that these be lesse then Seaven of them, resid
ing in our said province, Wee doe hereby give and grant unto you full
power and authoritie to Choose as manie persons outt of the princi
pal! ft'reeholders, Inhabitants therof, as will make up the full number
•of our said Councill to be seaven, and no more; Which persons, by
Virtue of such Choice, shall be to aft Intents and purposes, Councill
ors in our said province untill they shall be Confirmed by us, or that
by the Nomination of others by us, under our Signe Manuall de sig
net, the said Councill shall have seaven persons in it. Wee Dob
Hereby Give And Grant unto you full power & authoritie, with
the advice and Consent of our said Councill, from time to time, as
need shall require, to Summon and Call Generall Assemblies of the
inhabitants, being ft'reeholders, within your government, according
to the usage of our Colony of Newyorke : AND OUR WILL
AND PLEASURE IS, that the persons thereupon duely elect
ed by the major part of the ffreeholders of the respective Countys and
places, and so returned, and having before their Sitting taken the
oathes appointed by actof parliament to be taken, instead of the oathes
of allegiance and Supremacy, and Subscribed the Test, which you
shall Commissionate fitt persons under our seal of newyorketo adminis
ter, de without taking and subscribing whereof, none shall be Capable
of sitting: the elected Shall be called de held the Generall Assembly of
that Our province de Territoryes depending theron. And that you,
the said Benjamin ffletcher, by and with the Consent of Our said
Councill and assembly, or the major part of them respectively, shall
have full power de authoritie to make, Constitute and ordaine Lawes,
Statutes and ordinances for the publick peace, wellfare &¦ good go
vernment of our said province, and of the people and Inhabitants
thereof, & such others as shall resort therto, and for the benefit of
us, our Heirs and successors, Which said Lawes, statutes and ordi
nances, are to be as neer as may be, agreeable to the Lawes and
statutes of this our kingdome of England: PROVIDED, that all such
Lawes, statutes and ordinances, of what nature or duration soever, be
within three months, or sooner, after the making thereof, transmitted
unto us, Under our seale of Newyorke, for our approbation or disal
lowance of the same, as also duplicates thereof, by the next Convey
ance; And in Case anie, or all of them, being not before Confirmed

PROVINCIAL COUNCIL. 319
by us, shall att anie time be Disallowed and not approved, and so signi
fied by us, our heirs and successors, under our or their signe manuall
and signet, or by order of our or their privy Councill, unto you, the
said Benjamin ffletcher, or to the Commander in Chiefe of our said
province for the time being, then such and so many of them as shall
be so disallowed and not approved, shall from thenceforth Cease, de-
termin.and become utterly voyd and of none effect; Any thing to the
Contrary thereof notwithstanding.
AND to the end nothing may bes passed or done by our said
Councill or assembly to the prejudice of us, our heirs and successors,
WEE will and ordain, That you, the said Benjamin ffletcher, shall
have and enjoy a negative voyce in the making and passing of all
Lawes, statutes and ordinances, as aforesaid, and that you shall &
may, Likewise, from time to time, as you shall Judge it necessary, ad
journe, prorogue de Dissolve all generall assemblies as aforesaid. Our
Will and Pleasure is, that you shall and may keepe and use the
publick seale appointed or to be appointed by us for our province of
Newyorke : Wee doe further give and grant unto you, the said
Benjamin ffletcher, full power and authority, from time to time, and
att any time hereafter, by yourselfe or by anie other to be authorized
by you, in that behalfe, to administer de give the oathes appointed by
act of parliament to be taken in stead of the oathes of allegiance and
supremacie, to all and every such person or persons as you shall think
fitt, who shall att anie time or times passe into our said province, or
shall be resident or abideing there. AND WEE DOE by these pre
sents, Give and grant unto you full power de authoritie, with the advice
and consent of our said Councill, to erect, constitute and establish such
and so manie Courts of Judicature and publick justice within our said
province and the Territories under your government, as you de they
shall think fitt & necessarie for the hearing and determining of all
causes, as well Criminall as Civill, according to Law and'equitie. And
for awarding of execution therupon, with all reasonable and necessa
rie powers, authorities, ffees and privileges belonging unto them: As
also to appoint and Commissionate fitt persons in the severall parts of
your Government to administer the oathes appointed by act of parlia
ment to be taken instead of the oaths of allegiance and supremacy,
and the Test, unto such as shall be obliged to take the same. AND
WEE DOE hereby authorize and Impower you to Constitute and ap
point Judges, Justices of the peace, and other necessarie officers and
ministers in our said province, for the better administration of Justice,
and putting the Laws in execution, And to administer, or Cause to be
administred, Such Oath or oathes as are usually given for the due exe
cution and performance of offices and places, and for the clearing of
Truth in Judiciall causes: WEE DOE further by these presents, will
and require that appealls be permitted to be made in Cases of error,
from our Courts in Newyorke unto our Governo', and to our Councill
in Civill Causes ; provided the value appealed for doe exceed the sum
of One hundred pounds sterling ; and that security be first duely
given by the appellant, to answer such Charges as shall be awarded
in Case the first sentence shall be affirmed. AND WHEREAS, wee
doe Judge itt necessary that all our subjects may Have Libertie to

320 MINUTES OF THE
appeale to Our Royall person in Cases that may deserve the same,
Our Will and pleasure is, that if either party shall not rest satis
fied with^he Judgment or sentence of Our Governo' and Councill,
They may then appeale unto Us in Our privy Councill, provided the -
matter in differance exceed the reall value & sum of three hundred
pounds sterling; And that such appeale be made within one ffbrtnight
after sentence, and that security be likewise duely given by the appel
lant, to answer such Charges as shall be awarded, in Cas6 the sentence
of the Governo' and Councill be Confirmed: And provided also, that
execuon be not suspended by reason of anie such appeale unto us.
AND WEE DOE hereby give and grant unto you full power and au
thority, where you shall Judge any offender or offenders in Criminall
matters, or for anie ft'ynes or fforfeitures, fitt objects of our mercy, To
pardon and remitt all such offenders' ffynes and fforfeitures, before or
after sentence given, Treason and willfull murther only excepted ; In
which Cases you shall Likewise have power, upon extraordinary oc
casions, to grant Reprieves unto the offenders untill our Royall plea
sure may be knowne therein. WEE DUE by these presents, authorize
and Impower you to Collate any person or persons, in anie Churches,
Chappells, or other Ecclesiasticall Benefices within our said province
and Territory aforesaid, as often as anie of them shall happen to be
voyd. WEE DOE Hereby give and grant unto you, the said Benja
min ffletcher, by your selfe, your Captaines and Commanders by you
to be authorized, full power and authoritie To Levy, Arme, muster,
Command and employ all persons whatsoever, residing within our sd
province of Newyorke, and other the Territories under your govern
ment, and as occasion shall Serve, them to Transferr from one place
to another, for the resisting and withstanding of all enemies, py-
ratts, and rebells, both att sea and att land, and to Transport
Buch force to anie of our plantations in America, as occasion shall
require, for the defence of the same against the invasion or at
tempts of anie of our enemies; and them, if occasion shall require,
to prosecute, in, or outt of the Limmitts of our said province and
"plantations, or anie of them ; and if it shall so please God, them
to vanquish, apprehend and take, and being taken, either, according
to the Law of armes, to putt to death, or keepe and preserve alive,
att your discretion ; and to execute martiall Law in time of invasion,
insurrection or warr, and during the continuance of the same, as also
upon Souldiers in pay, and to doe and execute all and everv other
thing or things which to a Captain Generall doth or ought of right
to belong, as fullie and amplie as anie our Captain Generall doth or
hath usually done. AND WEE DOE hereby give and Grant unto
you full power and authoritie to erect, raise and build in our said pro
vince de Territories depending theron, such and so manie fforts,
platformes, Castles, Cityes, Boroughes, Townes and ffbrtifications, as
you, by the advice aforesaid, shall judge necessary ; And the same,
or anie of them, to ffortify and furnish with Ordnance, ammunition,
and all sorts of armes, fitt de necessary for the securilie and defence
of our said province : AND WEE DOE hereby Give and Grant
unto you, the said Benjamin ffletcher, full power and authoritie to

PROVINCIAL COUNCIL. 321
Erect one or more Court or Courts Admirall within our said province
and Territories, for the Hsaring and determining of all marine, and
other Causes, and matters proper therin to be heard, with all reasona
ble and necessarie powers, authorities, ffees and privifedges ,* As also
to exercise all powers belonging to the place and office of Vice admi
rall of and in all the ssas & Coasts about you Government, according
to such Commission, authorities de Instructions as you shall receive
from our Selfe, under the seal of our admiralty, or from our High
admirall or Commissioners, for executing fhe office of High admirall
of our forreigne plantations for the time being. AND FOR AS
MUCH as divers, mutinyes and disorders doe happen by persons ship
ped and employed att sea, And to the end that such as shall be Ship
ped or employed att sea may be the better governed and ordered,
Wee Doe Hereby Give and grant unto you, the said Benjamin
ffletcher, our Captaine Generall and Governo' in Cheife, full power de
authoritie to Constitute and appoint Captains, masters of Shipps, and
other Commanders, and to Grant to such Captains, masters of Shipps
and other Commanders, Commissions to execute ths Law martiall, and
to uss such proceedings, authorities, punishment, Correction and exe
cution, upon anie offender or offenders which shall be mutinous, sedi
tious, disorderlie, or anie way unruly, either att sea or During the
time of their abods or rssidsncs in ante ofthe ports, harbours or Bays
of our said province or Territories, as the Causs shall bs found to re
quire, according to ths martiall Law: Provided, that nothing hsrein
contained shall be Construed to the enabling you, or anie by your
authority, to hold plea, or have jurisdiction of ante offence, cause,
matter or thing Committed or done upon the High sea, or within anie
of the Havens, Rivers or Creeks of our sd proyince or Territoriss
undsr your govsrnment, by anie Captaine, Commander, Leiutenant,
master, or other officer, Seaman, Soldier, or person whatsoever, who
shall be in aetuall Service and pay in and on Board anie of our shipps
of warr, or other vessels acting by Immediate Commission or warrant
from our Commissioners, for exscuting the office of our High admi
rall of England, under the seale of our Admiralty, or from our High
admirall of England for the time being: And that such Captaine,
Comander, Leiutenant, master, officer, Seaman, Soldier, and • other
persons so offending, shall be ieft to be proceeded against and tryed,
as the meritt of their offences shall require, either by Comission under
our greatSseale of England, as the Statute ofthe eight de twentieth of
Henry the eighth directs, Or by Comission from our said High admirall,
according to the act of parliament passed in the Thirteenth yeare of
the Reign of the Late king Charles the second, Entitled an act for
the establishing articles & orders for the regulating & better Govern
ment of his majesties navyes, shipps of warr, deforces by sea, and not
otherwise; saving onely, that it shall & may be Lawfoll for you, upon
anie such Captaine or Commander refusing or negtecting to execute,
or upon his negligent or undue execuon of anie of" the ymtten orders
hee shall receive Yrom you, for our service and the service of our sd
province, to suspend him, the said Captaine or Commander, from the
exercise of his said office of Commander, and Committ him into Safe

322 MINUTES OF THE
Custody, either on board his owne Shipp or elsewhere, att the discre
tion of you, in order to his being brought to answer for the same, by
Comission, under our great seale of England, or from our High Admi
rall, as is before expresssd ; In which Case, oqr will and pleasure is,
that the Captaine or Commander so by you suspended, shall, During
such his suspension and Committment, be suceeded in his sd office by-
such Comission or warrant officer of our said shipp, appointed by
our Commissioners for executing the office of our High admirall
of England, or by our High admirall of England for the time, being,
as by the knowne practice and discipline of our Navy does and ought
next to succeed him, as in Case of death, sicknesse, or other ordinary
disabilitie happening to the Commander of anie of our shipps of
warr, and not otherwise ; you standing also accountable to us for the
Truth and Importance of the Crimes and misdemeanors for which
you shall so proceed to the suspending of such our said Captain or
Commander : Provided Also, that all such disorders and misdemea
nors Committed on shoare by anie Captaine, Comander, Leiutenant,
master, or other officer, seaman, souldier, or person whatsoever, be
longing to anie of our shipps of warr or other vessell, acting by Im
mediate Commission or warrant from our Commissioners, for executing
the office of our High admirall of England, under the Seale of our
Admiralty, or from our High Admirall of England, for the time be
ing, may be tryed and punished according to the Lawes of the place
where anie such disorders, offences and misdemeanors shall be so
Committed on shoare, notwithstanding such offender be in our aetuall
service, and borne in our pay, on Board anie such our shipp of warr,
or other vessell, acting by Immediate Commission or warrantt from
our Commissioners, for executing the office of our High admirall, or
from our High admirall as aforesaid ; so as hee shall not receive any
Protection for the avoyding of Justice for such offences Committed on
shoare, from anie pretence of his being employed in Our Service att
sea. AND OUR WILL AND PLEASURE IS, That all publick
moneys raised, or to be raised, within our said province and other the
territories under your Government, be Issued out by warrant from you,
by and with the advice and Consent of the Councill, and disposed of
by you for the Support of the Government, and not otherwise. AND
WEE DOE hereby Likewise Give and Grant unto you full power
and authoritie, by and with the advice and Consent of our said Coun
cill, to agree with the inhabitants of our province and Territories
aforesaid, for such Lands, Tenements and Hereditaments as now are, or
hereafter shall be in our power to dispose of, And them to grant unto
anie person or persons, for such Terme, and under such moderate Quitt
rents, services and acknowledgments, to be therupon reserved unto
us, as you, by and with the advice aforesaid, shall think fitt. Which
said grants are to passe and be sealed by our seale of Newyorke, and be
ing entred upon Record by such officer or officers as you shall appoint
thereunto, shall be good and effectuall in Law, ag' ,us, our Heirs and
successors. AND WEE DOE Hereby Give you full power to order
and appoint ffaires, marts &marketts, as also such and so many ports,
Harbours, Bays, Havens, and other places for the Convsnisncs of

PROVINCIAL COUNCIL. 323
shipping, and for the better Loading and Unloading of goods and
merchandizes as by you, with the advice and Consent ofthe said Coun
cill, shall be thought fitt and necessarie, and in them, or anie of them, to
Erect, nominate and appoint Custome Houses, warehouses, and Officers
relating thereunto; and them to alter, Change, place or displace, from
time to time, as with the advice aforesaid shall be thought fitt ; AND
WEE DOE by these presents will, require and Command you to take
all possible care for the discountenance of vice, and encouragement of
virtue and good Living, that by such examples the Infidells may be
invited and desired to partake of the Christion Religion. AND OUR
FURTHER WILL AND PLEASURE XIS, that. you shall not att
anie time hereafter, by Colour of any power or authority hereby
granted, or mentioned to be granted, take upon you to Give, grant or
dispose of anie officer or place within our sd province and Territories
which now are, or shall be granted under the great seal of England,
any further then that you may upon the Vacancy of any such office,
or suspension of any officer by you, putt in any person to officiate in
the intervall untill the said place bs disposed of by us under the
great Seal of England, or that our directions be otherwise given
therein. AND W EE DOE Hereby require and Command all offi
cers and ministers, Civill and military, and all other Inhabitants of
our said province and the Territories depending theron, to be obe
dient, ayding and assisting unto you, the said Benjamin ffletcher, in
the execution of this Our Commission, and of the powers and authori
ties therein contained : And in Case of your death, or absence outt of
our said province and Territories under your government, Unto such
person as shall be appointed by us to be Commander in Chiefe of our
said province, To whom wee doe therfore, by these presents, give and
grant all and singular, the powers and authorities aforesaid, to be exe
cuted and enjoyed by him during our pleasure, or untill your arrivall
within our said province and Territories : AND if upon such death or
absence, there be noe person upon the place Commissionated or ap
pointed by us to be Commander in Chiefe, Our Will and pleasure
is, that the then present Councill of our said province, doe take upon
them the administration of the government, & execute this Commis
sion, and the severall powers & authorities herein Contained, relating
to our said province, arid that the first Councillor who shall be att the
Time of your death or absence, residing within the same, doe preside
in our said Councill, with such powers and preheminences as anie
former president hath used and enjoyed within our said province, or
anie other our plantations in America, untill our pleasure be further
knowne, or your arrivall, as' aforesaid. AND LASTLY, wee doe
Hereby declare, ordain and appoint, That you, the said Benjamin
ffletcher, shall and may Hold, execute and enjoy the office and place
of Captaine Generall and Governo' in Chiefe, in and over our province
of Newyorkeand the Territories depending thereon, together with all
de Singular,4he powers and authorityes hereby Granted unto you, for
and, during our will and pleasure.
IN WITTNESSE WHEREOF, wee have Caused these our Letters

324 MINUTES OF THE
to be made patents. WITNESSE Our selves att Westminster,
the eighteenth day of March, in the, fourth ysare of our Rsigns.
psr Breve de privato Sigillo.
CHUTE.

PENNSILVANIA, SS.
Minutes and Orders of Councill, from the arrivall of his Excel.
lency, BENJAMIN FFLETCHER, Captain Generall and Governo'
in Chiefe ofthe province of Newyorke, province of Pennsilvania and
Countrey of New castle, And the Territories and Tracts of Land de
pending theron, in America. In Philadelphia the 26lb of Aprill, in
the fifth year of the Reign of our Soveraign Lord de Lady, WIL
LIAM & MARY, by the Grace of God, of England, Scotland,
ffrance and Ireland, king & Queen, defenders of the faith, &c

[26,h Aprill, 1693.
Wednesday, Att Philadelphia, the 26*i of Aprill, 1693
His Excellency arrived here between the Hours of eleven and
twelve in the forenoone, and being Conducted by the Sheriffe to the
mercate place, Caused their Majesties' Letters patents for the Go
vernment of pennsilvania and New Castle, to be publicly read.
His Excell. having sent for Thomas Lloyd, the Late Deputy Go
verno', did offer unto him the first place in the Councill, which he
did refuse. '

2 A CLOCK, AFTERNOONE.
William Markham, Esq', took the Oaths appointed by act of par
liament to be taken in stead of the oaths of allegiance and Suprema
cy, de Test, and afterwards the oath of a Councillor for the said pro
vince and Councill, and by his Excell. direction, took the first place
in ths Councill.
Andrew Robeson and Robert Turner did subscribe the Test, the de
claration of fidelitie, and profession of the Christian faith, and after
wards did promise to performe the Substance contained in the oath of
a Councillor, as in the presence of God, and by his Excell. appoint-
ment, took their places att the Couhcill board.

PROVINCIAL COUNCIL. 325
Patrick Robinson took the Oaths & Test, and oath of a Councillor,
and his place att the Councill board, by his Excell. direction.

Att a Councill Held att Philadelphia on a Wednesday the 26*" of
Aprill, 1693.

His Excell. BENJAMIN FFLETCHER, &c
Wm. Markham, > -p „ Robert Turner, ? p n
Andrew Robeson, 5 " " Patrick Robinson, 5 SC* '
His Excell. did desire that the members of Councill would resolve
into a Committee, to Consider of persons within the province of penn
silvania de Countrey of New Castte, that are qualified to be Judges,
Justices of the peace, sheriffes, and other officers, throughout the
Severall Counties ; which was ordered accordingly.
John White, Sheriffe, being demanded what prisoners hee held, did
deliver a warrant by which hee held peter Boss in the Common goale,
for making an Escape & not paying a fine of six pounds, including
Costs; which was read.
His Excell. did Order That the members of Councill he in the
Commission of the peace throughout the whole province and Countrey.
Adjourned till 8 a Clock the morrow morning.

[27'h Aprill, 1693.
Att a Councill held att Philadelphia on a Thursday the 27"' of
April, 1693. present :
His Excell. BENJAMIN FFLETCHER, &c.
Wm. Markham, ") j Chi
Andrew Robeson, {.Esq™. ,„.,,. c„ , c ' i-Esq™.
Robert Turner, j 4 William Salway, j <*
Lawrence Cock being Called to this Board, Had the oaths and
Test, and Oath of a Councillor administered to him, and took his
place att the board.
William Salway did Subscribe the declarations de profession of
the Christian faith, and did promise to observe the substance of the
oath of a Councillor, and by his Excell. order, took his place at the
board. His Excell. did nominate William Markham, Esq'., to be Leiuten
ant Governo', which was approved of by the whole Councill, who
did return his Excell. thanks for that hee did appoint a Gentleman
to be their Leiu* Governor, of their particular knowledge- and good
affections. The Councill did Return unto his Excell. a List of officers names
28

326 MINUTES OF THE
whom they Judged qualified for Civill offices in the government, which
was read & approved of,
His Excell. did Lay before the Councill That their matjes affairs
did call him Speedily to the fronteers, in the province of Newyorke,
The necessitie of calling an Assembly, and of their early meeting,
Desiring their advice. The Councill doe advise his Excell. that the
Least time can be allowed for their coming together is Sixteen or
eighteen dayes. ,
His Excell. did also desire their advice and opinion Concerning the
number of Representatives to be returned from each County : Which
was variouslie given.
It being the former Custome of this province to have nine represen
tatives for each County, different from the Custome of their maties
province of Newyorke, where there are Two for each County,
Some did alledge that upon this suddain alteration, sundrie were
therby disobliged, and a small number of Assemblymen might act
with Lesse Courage for their maties service. Others doe advise his Ex
cell. to Consult their maties Letters patents, and his Instructions for the
government. The Resolution therof is deferred till further advisement.
Upon the Reading the petition of peter Boss, the same is referred
To Andrew Robeson, "Robert Turner, and Lawrence Cock, Esq™, to
examine the petitioner's allegations, and make report thsrof to his
Excell. Adjourned to 3 a Clock afternoone.

POST MERIDIEM.
Att a Councill Held att Philadelphia 27*b Aprill, 1693, 3 a Clock
afternoone. present :
His. Excell. BENJAMIN FFLETCHER, &c.
William Markham, Esq'., Leiu' Governo'.
Andrew Robeson, ~) „ „ Patrick Robinson, ) „ „
Robert Turner, 5 ^1 ' Lawrence Cock, \ iiS^ '
His Excell. did again Require the advice of this board concerning
the number of Representatives to be returned for each Countie.
Resolved, That writts Issue, returnable the fifteenth of May next,
and that foure Representatives be returned for the County of Phila
delphia, foure for New Castle, and three for each of the other Coun
ties t
Upon reading the petition of William Bradford, printer, directed to
his Excell., wherin hee setts forth that in September Last his tooles
and Letters were Seized by order of the Late Rulers, for printing
some books of Controversie, and are still keept from him, to the great

PROVINCIAL COUNCIL. 327
hurt of his family, and prays Reliefe. His Excell. did ask the advice
of this board.
The Severall members of Councill being well acquainted with the
truth of the petitioner's allegatons, are of opinion, and doe advise his
Excell. To Cause the petitioner's tooles and Letters to be restored, to
him. Ordered That John White, Sherriffeof Philadelphia, doe Restore to
Wm. Bradford, printer, his tooles and Letters, taken from him in Sep
tember Last.
Upon Reading an Order ofthe Late Governo' de Councill, Concern
ing Jeremiah Elfreth, Thomas Groves and Thomas East, upon the
Complaint of George Heathcote,
His Excell. did Order the Councill to Resolve themselves into a
Committee, to examine and draw up their opinion of the matter ther
of, and to make returne therof, under their Hands.
Wm. Markham, Esq', having received his taking of the Oath and
Test, with the oath of Liev' Governo', did receive his Commission
from his Excellency.
His Excell. did 'move that there be a Certain day of the weeke ap
poynted for a weekly Councill Day for the publick affairs of the Go
vernment. Agreed, That Tuesday is most Convenient for the weekly Councill
day.

[28*b Aprill, 1693.
Att a Councill Held att Philadelphia on Fryday the 28"" Aprill,1693..
present :
His Excell. BENJAMIN FFLETCHER, &c.
William Markham, Esq'., Leiv' Governo'.
Andrew Robsson, ? F „ Patrick Robinson, ) w „
Robert Turner, 5 ^s1 ' Lawrence Cock, $ q "
Pursueant to his Excell. Order yesterday, The Councill did return
under their hands, their opinion of the order of the Late deputy Go
verno' and Councill of the 20"1 of September, 1692, That it is unjust
and Illegal!.
Upon reading of the petition of Jeremiah Elfreth, Thomas Groves,
de Thomas East, under Confinement by the said order of the Late
deputy Governo' de Councill,
Ordered the said three petitioners be discharged; and the said Jere
miah Elfreth, Thomas Groves and Thomas East, are hereby dis
charged from any bond or recognizance taken from them by virtue of
the said order, with their suretyes.
Upon reading the petition of dirok Johnson, al" Clauson, setting
forth that hee, with his wife and Sister, stand Committed in Close

328 MINUTES OF THE
prison, upon suspition of murder, where he hath continued twelve
months, without the benefit of being brought to tryall,
Ordered that a Commission of Oyer and Terminer doe forthwith
issue for the Tryall of the petitioners.
His Excell. Caused the petition of philip England to be read, wherin
the petitioner setts forth that by the proprietarie's appointment hee is
keeper of the ferry and Ordinarie att the Skuillkill, together with his
warrantt and License, under Hand and Seal of Wm. penn, Esq*., for
soe doing.
His Excell. did Signifie unto this board, That for as much as the
ferry was the propertie of the proprietary, hee would grant unto the
petitioner his Confirman and License for the keeping of the same, and
discharge all others from Transporting anie persons over the Skuill
kill, neer the said ferry, for monie or reward, Untill the proprieta
rie's pleasure be knowen, which was approved, and some of the
Councill, on behalfe of the proprietary, did return his Excell. thanks.
Joseph Wood, Esq'., Sherriffe of Chester, and John Hill, Esq'.,
Sherriffe of Sussex, had the oaths and Test, with the oath of a Sher
riffe, administred unto them. i

[29th Aprill, 1693.
Att a Councill Held att Philadelphia on Saturuday the 29th of Aprill,
1693. present :
His Excell. BENJAMIN FFLETCHER, dec.
William Markham, Esq'., Leiv' Governo'.
Andrew Robeson, 7 -p „ Lawrence Cock, ? p „
Robert Turner, $ ^ ' William Salway, 5 ^ '
John Claypoole, Esq'. , Sherriffe of Philadelphia, and Israeli Tay
lor, Sherriffe of Bucks, Had the oaths and Test, and oath of a Sher
riffe, administred unto them.

[1" May, 1693.
Att a Council! Held att Philadelphia on Moonday the 1** of May,
1693, att 5 a Clock in the morning. present :
His Excell. BENJAMIN FFLETCHER, Esq'.
William Markham, Esq'., Leiv' Governo'.
Andrew Robeson, ) j, „ Patrick Robinson,? ™ „
Robert Turner, $ " " Lawrence Cock, $ S** '
His Excell. did Signifie to the Councill that hee was to goe this

PROVINCIAL COUNCIL. 329
morning to New Castle, to publish their Mattes' Letters patents ; That
hee thought it Convenient to Leave them here for the preservation of
the peace; That hee hath appointed them Justices ofthe peace through
out the whole province, and therfore called them together to adminis
ter to them the oath of Justice of the peace, Leaving strict charge
with them to maintain the peace here during his absence.
;The Leiv' Governo' and Severall members of Councill, in different
manner, had the oath of a Justice of peace administred to them.

[Att NewCastle, 1* May, 1693.
Att New Castle the first day of May, 1693.
His Excell. being attended by the Leiv' Governo', and militia in
arms, att 12 a Clock went to the Townehouse and there published
their Mattes' Letters patents, which was followed with fireing of guns,
great Shouting and joy.

Att a Councill Held att New Castle on Tuesday the 2d of May,
1693. present :
His Excell. BENJAMIN FFLETCHER, dec.
William Markham, Esq'. Leiv' Governo'.

John Cann,
Wm. Clark,

I Esq".

John Cann, Esq', took the oath and Test, and oathofa Councillor,
and by his Excell. direction, his place att this board.
William Clarke, Esq'., did Subscribe the Severall declarations pro
vided for non Conformists by act of parliament, and did Solemlie
promise to observe & fullfill the Substance of the oath of a privie
Councillor, and was ordered by his Excell. to take place att the
board.

POST MERID.
2 a Clock afternoone, presentibus Iisdem.
John Cann, Esq'., andWm. Clarke, Esq'., had the oathofa Justice
of the peace for the whole province and Countrey administred unto
them in different manner, as formerly.
Peter Alrichs, John Donaldson, Richard Hallwell, de John Grubb,
had the oaths de Test, and oath of a Justice of the peace for the Coun-
ty of New Castle, administred unto them.
28*

330 MINUTES OF THE
Edward Bfeake did Subscribe the declarations, and promised
Solemnly to perform the office of a Justice ofthe peace for the Coun
ty of New Castle.
Luke Watson, for the Countie of Sussex, had the oaths and Test,
and oath of a Justice of the peace administred unto him.

[3d May, 1693.
Att a Councill Held att New Castle on Wednesday the 3d of May,
1693, in the morning. present:
His Excell. BENJAMIN FFLETCHER, dec.
William Markham, Esq'., Leiv' Governo'.
John Cann, ? t, „
Wm.Clark,5Esq-
Edward Lillington, Esq'., Sherriffe of New Castle, James Clay
poole, Clark, de Pster Revsrdis, Coronsr, Had the Oaths arid Test,
with the oaths of their respective offices in the said Countie, adminis
tred unto them.
His Excell. did Spend the rest of the forenoone in finding the most
convenient place att New Castle to build a fort, to Command the
channell of the river delaware before New castle: in the afternoone
did return to Philadelphia.

[5*" May, 1693.
Atta Councill Held att Philadelphia, on Fridaythe 5*" of May,1693.
present :
His Excell. BENJAMIN FFLETCHER, dec.
Andrew Robeson,") T „ . ")
Robert Turner, lEsq". Lawrence Cock, /„„
Pat. Robinson, J Wm" Salway> J H
His Excell. Caused to be read an address of seaven persons (to him)
Late of M'. Lloyd's Councill, viz: Joseph Growdon, John Bristow, John
delavall, John Simcocke, Hugh Roberts, Samuell Lewis and Richard
Hough. The direction is to Benjamin ffletcher, Esq'., Captain Gene
rall de Governo' in Chiefe, &c, without naming his Excell. of the
province of pennsilvania de Countrey of New Castte, wherein they
call themselves the delegates and members of the provinciall Councill,
in behalfe of the freemen of the province, and desire that no other
method may be used for the Calling together their Legislative power
then the received Laws of this province doe prescribe.
His Excell. asks the advice of this board concerning the same.
It is the opinion of this board, That the address being generall, It

PROVINCIAL COUNCIL. 331
cannot be Consistent with the powsrs granted his Excell. by their
majesties Letters patents, to have anie regard to, or answsr it.,
Samuell Jennings, a former Justice ofthe peace, being sent for, His
Excell. did offer to continue him in the same station, which hee did
refuse. Arthur Cooke, in Like manner did refuse. Robert Ewer, in Like
manner did refuse.
William Salway, Esq'-, did Solemnlie promiss to sxscutc ths of
fice of Justice of tbe peace throughout* the whole province and Coun
trey.

[6"* May, 1693.
Att a Councill Held att Philadelphia on Saturuday the 6"* of May,
1693. PRESENT :
His Excell. BENJAMIN FFLTCHER, &c.
Andrew Robeson,""! T /-. , "1
Rob' Turner, W. ^TT? °°ck' Usq™.
Pat. Robinson, J Wm. Salway. j *
Samuell Carpenter being offered the office of Justice of the peace,
Refused. Griffith Owen, a former Justice, in Like manner did refuse.
Anthony Morris did Subscribe the declarations, and Solemnlie pro
mise to execute the office of a Justice of peace in the Countie of Phila
delphia. Joseph Wilcox and Joseph Fisher did refuse the office of a Justice
of peace.
Jacob Hall and Andrew Bankson took the oaths &, Test, and oath
of Justice of the peace for the Countie of Philadelphia.
Francis Rawle did Subscribe the declaration and solemnlie promiss
to sxecute the office of Justice of the peace in the Countie of phila-
dslphia. Francis Danisll pastorius did subscribe the declaran and Solemnlie
promise to execute the office of a Justice of peace in Philadelphia.
Some of the Councill giving Information That William Hudson did
utter words in contempt of a proclamation Issued by his Excell. to
prohibit Sabbath breaking, drunkenness, Idleness, Unlawfull gaming,
and all manner of prophanesse,
Ordered Andrew Robeson, Esq', doe call the evidences before him,
take the sum of thsir svidence ag* Hudson in writting, and returne it
to this board.

832 MINUTES OF THE
[8*" May, 1693.
Att a Councill Held att Philadelphia on Moonday The 8" of May,
1693. PRESENT :
His Excell. BENJAMIN FFLETCHER, &c.
Andrew Robeson, 1 Lawrence Cock, ")
Rob' Turner, I Esq". Wm. Salway, V-Esq".
Pat. Robinson, J Wm. Clarke, J
Andrew Robeson, Esq', made Return, That he had examined the
Evidences ag' Wm. Hudson, and found no positive Materiall Evidsnca
ag' him, de that he did deny the words.
Humphrey Murrey, a former Justice of the peace, did refuse to be
continued. Nehemiah Field had the oaths de Test, with the oath of Clarke of
the Countie of Sussex, administred unto him.

[10th May, 1693.
Att a Councill Held att Philadelphia On Wednesday the 10*h of
May, 1693. present:
His Excell. BENJAMIN FFLETCHER, dec.
Wm. Markham, Esq'., Leiv' Governo'.
Andrew Robeson, ~) ^  n , "|
Humphrey Waterman had the Oaths and Test, and oath of a Jus
tice of the peace for the Countie of Philadelphia, administred unto
him. His Excell. did propose the necessitie of building a fort in some
Convenient place upon the River Delaware, to Command the Channell
for the Securitie and defence of trade and the Inhabitants : Which
was putt to the vote and Caryed in ths affirmative.

POST MERID.
Afternoone, The 10' of May, 1693.
present:'
His Excell. BENJAMIN FLETCHER, &c.
William Markham, Esq'., Leiv' Governo'.
Andrew Robeson, } -p „ Wm. Clarke, 5 „ „
Lawrence Cock, 5 "' Rob' Turner, 5 ^ '
Some Indians from the upper part of the River being come to towne

PROVINCIAL COUNCIL. 333
to pay their respects to his Excell., His Excell. sent for them de gave
them audience.
Lawrence Cock, Esq'., their Interpreter.
Their Speaker laid a belt of Wampum att his Excell. feet, Saying:
this Belt of wampum Came to us from the Indians of Virginia and
Maryland, for a token of peace between them and us, and now wee
lay it before your Excell., in token that wee desire peace with all the
Indians that belong to anie English plantations in America: And de
sire your Excell. to persuade the Senecas from doing them anie harme
in their hunting, (as was done to some of them Last Summer,) that
they may hunt in safety.
His Excell. did answer: That he was shortlie to Return to New
yorke; That their majesties have made him Governo' of Pennsilvania
and New Castte, & putt all the forces of East de West Jersey under
his Command, and hee was come here to publish it, But so soone as
hee shall returne to Newyorke, will goe to Albany &, there meet the
five nations, and have Conference with them ; And that he woldEn-
joins the Senecas, <fc all the other Indians, to peace & friendship with
them, & all other Indians belonging to the English provinces in Ameri
ca. Therfore, they should not doubt his protection whilst they are
of good behaviour.
The Indian Speaker Laid some dressed deer skins att his Excell.
feet, de wished his Excell. joy of this government.
His Excell. told them that he was to returne to Newyorke himselfe,
and Had appointed Leiv' Governo' Markham in his stead, and if anie
of them be aggrieved in his absence, they must maks application unto
him for redresse, which they will alwayes have.
The Speaker sayes: Wee are verie thankfull to your Excell. for ap
pointing one over us in yo' absence who hath done good to us former-
lie, and whom wee Have known a Long time ; and in token therof,
Laid down some Bever att his Excell. feet.
The Speaker again says : Wee are now glad to know our Governo :
.when the Quakers governed sometimes one man &. sometimes another
pretended to be Governo', & when wee were in feare ofthe French and
their Indians, and inclined to make warr with them, they would not
encourage us, nor make anie preparations themselves, nor give us
assistance : although wee area small number of Indians, yet wee are
men de know fighting. Wee hope yo' Excell. will encourage us in
it; & gave some raccoons.
His Excell. told them, That in February Last the French and In
dians did invade the Mohoggs Countrey, and in three days hee was
got to Schenactady with force sufficient to have destroyed them all;
That they stoll away in a stormie night: But were sufficiently beat
the day before, and most of their officers kilted. Also, that hee. was
a man of armes, and not of the Quakers principle: That he had serv
ed their majesties in their army before hee came hither, and wold now
goe as farr as any man to protect them, and all that doe owne their
majesties authoritie, as weft Indians as Christians.

334 MINUTES OF THE
His Excell. told them He hoped they will give him a proofe of their
Manhood de valour by sending some of their best men up to Albany,
to assist our people ag' the Enemy. That here they were in safety,
for the French and their Indians cannot come neer to hurt them,
Unless they come over him, which they should never doe.
The Speaker said That some of them had been drunk; His Excell.
must pardon it and not putt them in the stocks, for they knew no bet
ter, and the Christians did sell them the Liquor; and gave two deer
skins. His Excell. Replyed That their Brethren at Albany were not of
their mind : in February last, some of them being drunck one killed
another, and they came to me and prayed that I should dischairge the
selling of Rum to the Indians during the warr, or that I wold punish
such as were drunk.
The Speaker. Wee profess wee will be one Heart, and true to
the English and to one another; Wee submitt ourselves to your Excell.
and if ever you find us false, you shall cutt us all to pieces, making
signs all over his body; & gave some deer skins.
His Excell. Replyed he was glad to see them so dutifull, and wold
give them protection accordinglie. That he wold order something
for them in testimony of his satisfaction with their friendship and sub
mission.

[ll01 May, 1693.
Att a Councill Held att Philadelphia on Thursday The 11™ of May,
1693. PRESENT :
His Excell. BENJAMIN FLETCHER, &c.
Androw Robeson,! _ TMmmn» fWV. 1

Robert Turner,. *>Esq™. %Z®b£T H^-

Lawrence Cock,
Pat Robinson,' J"""1" Wm. Clarke, y
Upon reading the petition of sundrie Sweedes, Inhabitants upon
the river Skuilkill, wherin they sett forth that their meeting hous is
on the other side the river ; That they Live three miles distant from
the ferry, and that they are restrained from passing the river the near
est way to their worship on Sundayes & Holydayes by philip England,
keeper of the ferry att Skuilkill.
His Excell. did offer his Inclinations to remove anie obstruction that
might be given to the worshipp of God, and his regard to the Interest
of the proprietarie in the ferry, desiring the Councill's advice.
The Councill are of opinion, That the petitioners may have Libertie
granted them to transport themselves over the river to & from their
worshipp, provided they doe not abuse this Libertie to other ends, to
the prejudice of the ferry.

PROVINCIAL COUNCIL. 835
[12th May, 1693.
Att a Councill Held att Philadelphia on Friday the 12lb of May,
1693. PRESENT :
His Excell. BENJAMIN FLETCHER, &c.
Wm. Markham, Esq', Leiv' Governo'.
Robert Turner, ? F _ Lawrence Cock, ) t, »
Pat. Robinson, $ ^ ' Wm. Clarke, £ q "
Upon reading of the petition of William dennis, Complayning of
Cornelius Empson,
Ordered the said Empson have a Copie of the petitioner's Com
plaint. His Excell. did order the Councill to resolve themselves into a Com
mittee, to Consider what may be proper for bis Excell. to offer to the
Assembly.

£13*b May, 1693.
Att a Councill Held att Philadelphia on Saturuday the 13<b of
May, 1693. PRESENT :
His Excell. BENJAMIN FLETCHER, dec
Wm. Markham, Esq'., Leiv' Governo'.
Robert Turner, ")
Laurence Cock, I. Esq*1.
Wm. Clarke, J
George Forman Had the oaths <fc Test, & oath of a Justice of peace
for the Countie of Chester, administred unto him.
John Child had the oaths and test, and oath of the office of Coun
tie Clark of Chester, administred unto him.
Jeremiah Collet, Thomas Smith, and Thomas Withers, did sub
scribe the declarations de profession of the Christian faith, and so- •
lemnlie promised to performe the offics of a Justice of peace for Ches
ter Countie, according to the substance of the oath of that office.
'John Simcoke, John Bristow, George Merris <fc Wm. Jenkins,
former Justices of the peace in the Countie of Chester, did give a dila-
toris answer to his Excell. prqposall to have them continued in that
office. Jonathan Hayes, Robert piles and Randall Vernon, did refuse the
office of Justice of the peace in Chester.
Gilbert Wheeler and Joseph Wood took the oaths and Test, and
office of a Justice of peace for Bucks Countie.
Rob' Cote took ye oaths & test, & oath of Clark of the County of
Bucks,

336 MINUTES OF THE
[15*b May, 1693.
Att a Councill Held att Philadelphia on Moonday the 15lb of May,
1693. PRESENT :
His Excell. BENJAMIN FLETCHER, dec.
William Markham, Leiv1 Governo'.
Andrew Robeson, ") Lawrence Cock, "1
Rob' Turner, [.Esq™- . Wm. Salway, [-Esq™.
Pat. Robinson, J Wm. Clarke, J
John Brocke did subscribe the declaration and profession of the
Christian faith, and solemnlie promise to execute the office of a Jus-
tics of psace for Bucks Countie.
William Rodeney had the oaths and Test, and oath of Clarke of
the County of Kent, administred unto him.

[16*b May, 1693.
Att a Councill Held att Philadelphia on Tuesday the 16*b of May,
1693.

PRESENT :
His Excell. BENJAMIN FLETCHER, &c.
William Markham, Leiv' Governo'.
Andrew Robeson,") Wm. Salway,
Robert- Turner,
Pat. Robinson,
Gqorge Forman Had the oaths and Test, and oath of a privie Coun
cillor for this province, administred to him, de by his Excell. was ap
pointed to take place att the Councill board.

son,") Wm. Salway, T
;r, I Esq™. John Cann, J-Esq"-
l, J Wm. Clarke, J

[3" June, 1693.
Att a Councill Held att Philadelphia in the Livet. Governor's house
on a Saturuday 3d of June, 1693, about ten in the morning.
present:
WM. MARKHAM, Esq'., Livet. Governo'.
Andrew Robeson, 1 William Clarke, ? „ „
Robert Turner, \ Esq™. George forman, \t,8(l-
William Salway, ) pat. Robinson, Secry.
Ordered that Jn" Claypoole, Sheriff of Philadelphia, doe forthwith
attend att the market place with the Constables, the publication of
the new Laws from their Originalls, under his Excell. hand, and ofthe

PROVINCIAL COUNCIL. 337
petition of right, de List of Laws therin contained, and the conclu
sion therof, and the ans* given therunto under his Excell. hand, which
were accordinglie published.
Adjourned to the afternoon.

POST MERID.
Post Meridiem. Praesentibus Sicut antea.
Upon the reading of a Letter directed to the Livet. Governo' from
Jn" Hill, Esq'., sheriff of Sussex Countie, dated the 29th day of May,
1693, mentioning that upon Thursday next Last, Silvester garland
brought him two silver cupps, mark't IB, and the other I A, which
upon further inqdirie, were known to be John Bellamie's, whsrupon
the said John Hill apprehended the said Indian, who upon examin
said that his children found them in grubbie neck. Hee tells hee has
him in Custodie in Irons, & desires the Live' Governor's advice y*in,
de by what means hee may be discharged of him.
Ordered that Wm. Clarke, esq'., in his return home take w' him
the sd Silvester garland, by a warr'., & that hee examin the sd Indian
befor the sd garland, as also the sd garland, & return the sd exaroi-
nan to the Live' Governo' de Councill, and to continue or discharge
ym as hse, the sd Wm. Clark, shall sss cause.

[5th June,! 69S.
Att a Councill, Held att philad. on a Moonday y* 5* of June, Annoq
domi. 1693. present :
WILLIAM MARKHAM, Esq'., Live' Governo'.
Andrew Robeson, ) „ „ George forman, Esq'.
Robert Turner, S ^ Pat'- Robinson, Secry.
Ths Livet. Governo' and Councill being informed ofthe arrivall of
the Brioanteen Ann from Barbadoes, & y* the M'., George Stiles, was
Lost att sea, did call befor ym the briganteens Compa. & passengers,
to give an acco' of his death, whether it was casuall, or whether anie
on board was instrumentall therin. Emanuell Marius, a Spaniard,
deposed that being Saillor aboard the sd briganteen, came outt from
Barbadoes about 5 weeks agone, their Compa. consisting of the sd
M'. another Ssaman, who was prest from them by a man of warr 3
dayes after they came thence, Christopher Hodges de the deponent;
when they were in sight of land, 8 Leagues southward of the capes
of delaware, wind Southeast, they gybed, and the boom knock't the
sd M'. overboard, de the deponent saw him in the ssa, & imediatlie
they cutt the boat Lashes degott outt after theM'. and saw theSharkes
byte his halt, and as they came up to him w' the boat hee sunk: the
deponent said that the M'. had no wife, de nothing on board but a few
old cloathes & instruments, & that hee, the deponent, cannot take an
observan, and knows onlie the North Starr.
29

338 MINUTES OF THE
Christopher Hodges deposed, that this accident happened of the
25"' day of May Last, between the hours of 4 de 5 in the afternoone,
after they had made land and ran to it, & came below the Inlett, and
then the M'. did bid us get readie the anchor and drop it, thinking it
was the whorkill. Ned Burch, a passenger, de shoemaker by trade,
being at the Helme wher the M'., as he was showing him which wind
to keep, brought the saill to gybe de struck Burch, whois head was a
little above the deck in thesteridge,and struck ths M'., who was stand
ing aloft, quits ovsrboard; de that this dsponsnt saw his hsells turn over
his head, & so fell overboard and cryed to bring ths vessell too, which
they did, and gott outt the boat, & flung outt a barrell, de the passen
gers flung outt ropes, but hee could gett hold of none of ym ; they
saw him swim, and att Last sunk, just as they gott to him, de also
deposed the substance with the Spaniard. Elizabeth Cruikshank &
Jean Yelden, passsngsrs, deposed much to the same purpose, and that
the M'. was Lost accidentallie.

[6"' June, 1693.
Att a Councill Held att philad. on a Tuesday 6th June, 1693.
present:
WM. MARKHAM, Esq'., Livet. Go'.
Andrew Robeson, ? p. „ William Salway, ? p „
Robert Turner, $ fiSq ' William Clarke, $ q
Pat. Robinson, Secrie.
Ordered that Tuesday next it be considered att what place of tbe
towne the public markett shall be keept.

Esq"

[13* June, 1693.
Att a Councill Held at philad. on a Tuesday IS" of June, 1693.
PRESENT :
WM. MARKHAM, Esq'., Livet. Governo'.
Andrew Robeson, ~) Lacey Cock, ,
Rob' Turner, I Esq". Wm. Salway, {_
Wm. Clarke, J Pat. Robinson, Secry.
Robert Brett, Clark of the market, appointed by Comission from
his ExcelL Benj" ffletcher, &c. having made some proposalls to the
Livet. Governor and Councill about regulating the markett att Phila
delphia, Ordered that it be deferred untill it be known what are the
Customs of newyork about the dark of the market & his fees, and
that the market place be then also established.
Upon Complaint made to the Livdl. Governor & Councill, that some
of the Late Countis Clarks of ths province and territories wold not de
liver up to the succeeding Clarks Commissionated by his Excell. the

PROVINCIAL COUNCIL. 339
records, minutes, rolls, files & ordrs of their rexive Courts, wtout
an order,
Ordered that the Secrie issue this order, Sub' by him, by ordr
of Councill, for all the said Clarks to deliver up to the Succeeding
Clarks Comissionated by his Excell. all the records, minutes, rolls,
files and orders of their rexive Courts, by Indenture, to be made be
tween the former and succeeding Clarks, as they will answer the same
att their perrill.

[20,b June, 1693.
Att a Councill Held att philad. on a Tuesday ye 20th of June, anno
dui 1693. PRESENT :
WM. MARKHAM, Esq'., Livet. Governor.
Andrew Robeson, ? p „ Gsorgs Forman, Esq'.
Robsrt Turner, $ Pat- Robinson, Secrie.
Gsorgs Seith Having presented a petition, Setting forth that hee
had been aspersed by some in this province, as having behaved him
selfe oflensivlie ag' the governm', de particularlie by Thomas Lloyd,
Sam" Jennings, Arthur Cooke, de Jn° delavall, in a Lett' from them to
him, bearing date the 26*b of 10*" Mo., 1692, to the Liv' Go' de Coun
cill produced, wherin they accuse the said George of being Crazie,
turbulent, a decryer of magistracie, and a notorious evill Instrument
in Church de state, with manie other Severe expressions of that na
ture, and therfore requested a Certificate of his good behaveour.
Ordered that a Certificate be drawn and Signed to the petitioner;
which was accordinglie done, and two of them Signed by the gentl.
of the Councill then present: a Copie of ths ptetitn, tetter and Certifi
cate, remain on ths files of the Councill.

[26*" June, 1693.
Att a Couricill Held att philad. on a Moonday the 26' of June,
1693. present:
WM. MARKHAM, Esq'., Livst. Governo'.
Andrew Robeson, } p r Lawrencs Cock, Esq'.
Robert Turner, $ ' Pat- Robinson, Secry.
Upon reading ofthe petin of divers of the relatns, friends & neigh
bours of derrick Johnson, a prisoner Condemned to dye, The sd petion
containing in it reflecting matter relating to the triall ofthe sd derrick,
was rejected, Which the Livet. Gor. de Councill imputed to the drawer
of the petin, (supposed to be Jn° White,) & not to the petitioners, whom
the Livet. Governor and Councill excused, because of their Ignorance

340 MINUTES OF THE ,
And therafter, upon the petitn of Brighta, the wife of the sd derrick,
begging the favor from the Livet. Governor of some support to her-
selfe and poor children, The Livet. Governor told ym hs wold inter
cede for ym to his Excell. Benjm. ffletcher, upon that accompt.

[27th June, 1693.
Att a Councill Held att philad. on Tuesday 27th June, 1693.
PRESENT :
WM. MARKHAM, Esq'., Livet. Governo'.
Andrew Robeson, ) p „ Geo. Forman, Esq'.
Robert Turner, \ sq ' pat. Robinson, Secrie.
Upon reading the petition of Edward Burch to the Livet. Governor,
setting forth, That having Sailled from Barbadoes in the barkenteen
Ann, George Stiles, M'., de onlie one man and a boy more belonging to
her, the petition' and his servant being to have their passage for their
Labour : that the M', to the Southward of Cape Henlopen, was cau-
sually knockt over board and Lost, to the hazard of the shipp, goods
de passengers, and that att the desire of the people on board, the peti
tioner, with great hazard of his Life, wsnt ashoare, de for saving the
Life of ths people, de for preserving the vessell and cargoe, did agree
with a person to pylot her to some safe harbour, and to givs him twen-
tis pounds, and having had an easie de speedie passage into the whore-
kills, the said pylot was willing to take ten pounds sterling, which the
pstitioner accordinglie paid, & took' his receit for the same : Andyrfor
praying that the owners or present M' of the sd vessell may repay
the said monies, deto allow some reasonable reward for his extraordi-
narie service, care and danger, drc: M' Jasper Yeates, to whom the
sd vessell was Consigned, being called, and having had the sd petin
read to him, and alledging that the passengers promised the petitioner
fourtie Shillings p head for his care,
It was ordered that the owners of the said vessell should pay back
to the petitioner the said sum of ten pounds, de that hee might take
his remidie att law for the fourtie shillings p head, promised to him by
the passengers.
Upon the petition of the Inhabitants of the townshipp of Chelten
ham, in Philadelphia Countie, for a convenient roade to ths towns of
Philadelphia, while it mav be done without injurie to the improvments
of the Inhabitants : As also, for a convenient roade from the most
inhabited part of the said townshipp, to Germantowne.
Ordered that the petitioners acquaint the Surveyor generall to at
tend the Councill the y'b of July next, to informe about the conve-
nisncis of the said road.
Upon ths petition of the inhabitants of Chester, to order the divi
sion of the sd Countie from the Countie of New castle, for want of
which the petitioners Have long suffered,
Ordered that one or two persons of each Countie doe attend the

PROVINCIAL COUNCIL. 341
Councill theyth of July next, in order to inform the Councill of the
true state of that affair.
Upon the petition of philip England, Setting forth that wheras
his Excelly. Benjamin Fletcher, did confirm the proprietor's License
for keeping a feme over Skuillkill to the petitioner, forbidding ante
other to act therin att their perrill ; And that notwithstanding therof,
Wm. Powell does ferrie people over the Skuillkill, to the petitioner's
damage, <fc yrfor requesting the said Wm. Powell may be supprest,
Ordered that the Secry. Issue outt a warrant, to be served on thesd
Wm. Powsll by the Messenger, to appear before the Councill the IS"1
of July next, to make ans' to the sd Charge.

ll"1 July, 1693.
Att a Councill Held att Philadelphia on a Tuesday, the yth of July,
1693. PRESENT I
WILLIAM MARKHAM, Esq'., Livet. Governor.
Andrew Robeson, Esq'. Rob' Turner, Esq'.
Patrick Robinson, Secry.
The paucity of Justices of the peace for this Countie being repre
sented to this board by gome of the members yrof, It was thought fitt
that between this <fc the 18*b instant, John Jones de Joshua Carpen
ter should be desired to be present the 18*b instant at this board.
Upon the petition of Edmond Lassell to the Livet. Governo' and
Councill, setting forth that he has been 3 years agone prosecuted
about making of monie, upon the evidence of persons att that time,
Convict for the same crime, and yrfor requesting that upon his giving
securitie for his good behaviour, hee might have Libertie to come into
Philadelphia to pursue his calling,
Ordered, That by reason of the uncertaintie of this petin, that the
petitioner be Left to his course att law.
• Upon the petin of Israeli Taylor, Joseph Taylor and Jn° Buzbie,
setting forth That Robert Turner having had the administran of the
estate of Christopher Taylor, their father, Comitted to him by the
then Ordinary, 12 mo. agone, and that hee hath done little in it, to the
petitioner's' great damage ; And yrfor Requesting that the sd Rob'
turner may be ordered to prosecute the sd business as farr as in him
lies, otherwise the petitioners will be greatlie damnified.
Ordered, That if the sd Rob' turner doe not, with as much expedi-
ton as the-Law will allow, perform the dutie of an administrator yrin,
That another be appointed in his roome.
Upon the Request of some of the members of Councill, that an
ordr made by the Court of Quarter Sessions for the Countie of Phila
delphia the 4'b July instant, (proceeding upon a presentment of the
grand Jurie, for the bodie of the sd Countie,) ag' the tumultuous gath
erings of the negroes of the town of Philadelphia, on theffrst dayes
of the weske, ordsring the Constables of Philadelphia, or anie othsr
9.Q*

342 MINUTES OF THE*
person whatsoever, to have power to take up negroes, male or female,
whom they should find gadding abroad on the said first dayes of the
week, without a tickett from their M'., or Mris,or not in their Compa,
or to carry them to goale, thsrs to remain that night, de that without
meat or drink, de to Cause them to be publickly whipt next morn
ing, with 39 Lashes, well Laid on, on their bare backs, for
which their sd M'., or Mris. should pay 15dto the whipper att his de
li verie of ym to yr M'., or Mris. <fc that the sd order should be Con
firmed by the Lievt. Governo' and Councill.
The Lievt. Governo' <fc Councill Looking upon the sd presentment
to proceed upon good grounds, de the ordr of Court to be reasonable
de for the benefit of the Inhabitants ofthe town of Philadelphia, & that
it will be a means to prevent further mischeifes that might ensue upon
such disorders of negroes, doe ratifte de comfirme the same, de all per
sons are required to putt the sd ordr in execu'n.
Upon the presentment of the sd grand Jury for the want of a Chan
nell to Convey y° water each way along ths front strsst, between
Chess-nutt-street de Wall-nutt-street, de upon ths ordr of ths sd Court
that ths Inhabitants between the sd streets on each side of 'the way
should represent the same to the Livet. Go' de Councill,
Ordered, That the Mess' of the Councill, by ord' from the Secrie,
doe Summon all the inhabitants on both sides of the street from Chess-
nutt to Walnutt-street, to attend the Councill the 18*b instant, in ordr
to be heard in the sd matter, and to know the Livet. Governor and
Councill's minds therin.

[18*b July, 1693.
Att a Councill Held att Philadelphia on a Tuesday the 18*h day of
July, 1693. present:
WILLIAM MARKHAM, Esq'., Livet. Governo'.
Andrew Robeson, £ p r Lawrence Cock, Esq'.
Robert Turner, $ s(* ' Pat. Robinson, Secry.
Upon a former petn to the Livet. Governor &, Councill, held 27"1
June Last, by philip England ag* Wm. powell, for ferrying people
over Skuillkill to the petitioner's damage, It was then ordered that sd
powell should be Sumoned by ye mess' of the Councill to attend ym
this day to ansr the sd charge. The sd Wm. powell appeared & for
his justificaon produced a paper wherin the grand Jurie for the Coun
tie of Philadelphia, held the 7*h ofthe 4*h mo. 1692, presented thecon-
veniencie of another ferry att Wm. powell's on the Skuillkill, which
the sd Court allowed, approved, and thought convenient that it should
be done accordinglie. To wcb the Livet. Governo' ansred that y' was
no authoritie for him to keepe a ferrie there in prejudice to the ferrie
established by the proprietor. But therafter the sd Wm. powell an
swered That he wold desist from <fe leave off ferrying over people
att that place, de that none elss under him should ferrie any people
over from his Land for anie reward, And which the Livet. Governo'
strictlie charged him to observe att his perrill.

PROVINCIAL COUNCIL. 343
Robert Brett Having made known to the Livet. Governo' de Coun
cill that he had a Comission from his Excell. Gor ffletcher, for Clark
of the market of Philadelphia, Requested that they wold establish
suteable fees to the said office.
Ordered, That the Clark of the market for the sd towne shall &
may receive for all Cattle killed for the market Sixpence p head; for
everie sheepe, calf <fc Lamb, two pence p head; for everie Hogg or
shoot brought to the market or cutt outt for Sale there,. three pence,
And that nothing shall be paid for what the Countrie people bring to
towne readie killed; And f hee shall de may receive for Sealing of
weights de measures, One pennie for each great or small. And they
also Ordered, that all persons concerned should duely pay the Clark
of the market the above said rates ; And that all Justices, sherriffs,
Constables and other officers be ayding de assisting to, him in the exe-
cuon of his said office.
According to an ord' of the Livet. Go' and Councill, of the ya of
Julie instant, John Jones and Joshua Carpenter having appeared', de
tlie office of a Justice ofy8 peace being offered ym, John Jones abso-
lutelie refused the same: Joshua Carpenter accepted, and did take the
oaths appointed by act of parliament to be taken instead of the oaths
of allegiance de Supremacie, & subt. the test, de took the oath of a Jus
tice of the peace.
In obedience to a form' order of Councill, dated yth instant, some of
the Inhabitants betweene Chess-nutt <fc Wall-nutt street, did appear,
viz : Griffith Jones, Sam11 Carpenter, Anthony Morris, Alex' Beardslie,
Nath" Sykss, Humphrey Morrey, Rob' Ewer, Joshua Carpenter, Tho.
Marie, who did represent their willingness to have a Channell in the
midst of the street to convey the water both wayes along the front
street, between the sd two streets, qrby the nusance between the sd
two streets might be remedied, and did desire that since they could
not agree among ymselves about the manner of it, That the Livet.
Governor <fc Councill wold take such Course yrin as might be Com-
pulsorie, de binding upon ym & the rest of the freeholders between the
said two streets.
Ordered, That Anthony Morris, Joshua Carpenter & Alex' Beards-
lie, doe oversee & order the doing of the sd worke, with all expedtn &
y' they take such advice <fe assistance y'in as they shall think fitt,
and that the charge be laid equallie & proportionablie upon the free
holders on each side of the way between the sd two streets.

[SO"1 July, 1693.
Att a Councill Held att Philadelphia on a Thursday the 30th of July,
1693; "1 PRESENT :
WM. MARKHAM, Esq'., Livet. Governo'.
Robert Turner, ~) p „ Pat. Robinson, secry.
Lawrence Cock, 5 S(* '

344 MINUTES OF THE
Israeli Taylor, sheriff of the County of Bucks, Having been Called
before the Livet. Go' de Councill to give an aco' of the estate of der
rick Jonson, Lately sentenced de exscutsd for murdering an unknown
person; And whether he had observed the Law relating to the estates
of persons executed for murder; And why hee went from towne with
out taking full Instructions about the said estate ; And why hee had
disposed of some parts of the sd estate Contrarie to the instructions he
had received from the Livst. Govsrno': To all which Hee an
swered, That hee had not Inventoried the sd whole estate; and
that hee had taken some part of it, but had not meddled with the
widdow de children's half part ; and that hee had disposed of
some of the movables ; and that hee had paid no ffees but conditional-
lie, to be repaid him if demanded; and that hee had great trouble
about it; And that hee had procured to himself manie enemies on the
acco' of his office ; and after a perremptorie manner, desired to be dis
mist from the same: From which the Livet. Governo' did dismiss him
from that time.
Ordered, That Israeli Taylor doe bring in the Inventorie of the es
tate of derrick Jonson, and the apprizment therof, with a particular
aceo' how, in what manner, to whom and for what, hee has disposed
of the same, by the 13th of August next ; which hee promised to doe
befor y' time; and further added, that hee could give a true' <fc just
accompt of the same.
Ordered, That a Bill of Charges of 7£, 15S, & 5d, disbursed
and brought in by Rob' Cole for saving, reaping and securing the
Cropt of Corne, be paid him out of the sd estate of derricke Jonson,
with something for his owne pains, travell de expences.

[1" August, 1698.
Att a Councill Held att Philadelphia on a Tuesday the 1" day of
August, 1693. PRESENT :
WILLIAM MARKHAM, Esq'., Livet. Governo'.
Andrew Robeson, ' p „ Lawrence Cock, Esq'.
Robert Turner, ^ " pat. Robinson, Secry.
His Excell. Benjm. Fletcher's Lett' to the Livet. Governo' and
Councill was this day read, de becaus of the thin Councill, It was
ordered y' the same should be considred the 8,b instant in a full Coun
cill, And y' ye Secrie. give notice to as many of ye Councill to be then
present as (by reason of their distance) can.
Thomas Meaking, keeper of the ffree schoole in the town of Phila
delphia, being called befor the Lt. Go' and Councill, was told that hee
must not keeps schools wtout a Licence. Ansredthat hee was willing to
Comply, and to take, a Licence:, was therfore ordered to procure a
Certificate of his abilitie, Learning & diligence, from the Inhabitants
of riote in this towne, by the Sixteenth instant, in order to the obtain
ing a Licence, which he promised to doe. <

PROVINCIAL COUNCIL. 345
Upon Reading the petion of Charles Butler .a gainst David Lloyd,
Ordered That the Considerate, yrof be referred to the next Councill,
the &k instant, and that the Secrie. cause the mess' Sumons the sd
David Lloyd to be then present to ansr to the same;
John Claypoole, Sheriff of the Countie of Philadelphia, Having in
formed the Lt. Go'de Councill that the members of Assemblie for the
sd Countie, & the other 3 assessors chosen by ym, Having thought
fitt to nominate him C ollector for the sd Countie of the supply mo
ney, but were desirous that the Lt. Go' de Councill might take Secu
ritie from & with him in 500 11. for his performance yrof de fidelitie
yrin, Hee brought befor the Lt. Go' & Councill Sam11 Atkins for his
Securitie, Whom the Lt. Go' de Councill (with their owne Consents)
ordered to be bound in 100011. jointlie de severallie, to their maties,
with Condition that the sd Jn° Claypools should faithfullte discharge
that trust, and that hes should pay to the Treasurer all such sums as
hee should from time to time receive, And ordered the Secrie. to take
thsir obligaon to thsir maties accordinglie.
In prosecuon of an ord' made the 27*b of June Last, past on the
pstion of the inhabitants of Cheltenham, for a road to Philadelphia,
Ordering the then petitioners to Desire Rob' Longshore, deputie Sur»
veyor genrll, to attend the Councill to informejabout the Conveniency
of the said road.
This day Tobias Leech and the sd Rob' Longshore appeared. Or
dered That this petitn, & another from the Inhabitants of 2d dublin
township, wch was this day read, be considred the 8th instant, & that
one'psrson fromsach ofthe said Townshipps represent the said griev
ance wtin mentned, and that the Deputie Survey1 genrll be then pre
sent, to inform about the Convenience of the Road desired.

[8a & 9th of August, 1693.
Art a Councill Held att Philadelphia on Tuesday and Wednesday
the 8" & 9th of August, 1693.

PRESENT :

WILLIAM MARKHAM, Esq'., Livet. Governo'.
Andrew Robeson,") John Cann, ? p „
Rob' Turner, I Esq". Geo. forman, C *'Sq '

n,"|

William Salway, J Pat. Robinson, Secry.
His Excell. Benj" Fletcher's Lett' to the Lt. Go' de Councill having
been .read, It was Resolved that a particular ansr should be given to
each part yrof de a minute made of the same.
The 1" claus yrof begins thus : " After my Heartie Salutaon, 1
" doe recommend that you diligentlis intend the keeping of the peace
"in y' province de Countrie Comitted to yor charge. I hope you will
"alwayss behave yofsel yes w' that prudence, moderate, and justice in

846 MINUTES OF THE
" yo' Severall stations during my absence, that will justifie yor Char
acter & my choice."
The Lt. Go' <fe Councill did Resolve, That they wold, according to
the outtmost of their power, skill & ability, perform their rexive
duties yrin, and hope that no Imprudence, Immoderation or Injustice
should be found amongst them, or exercised by any of them, towards
the people or one another, soe as to Impeach their Character or Con
demn his Excellencies choice.
To the 2d, viz: " If there be any urgent necessitie for my presence
" to assert their maties interest, and Confirm the peace &o quiet of the
" subject, I shall be readie to come amongst you att all times when
" their maties other affairs in the frontiers of this province will give
" me Leave. I confide much in your care."
The Lt. Go' de Councill are of opinion that att present there is none,
for the people doe submitt to their maties government under his Ex-
celly de the Lt. Go', and are generallte Quiet under the same ; And
their care that it may so Continue will not be wanting.
To the 3d, viz : "I wold have you send me a Copie of the proceed-
" ings of that speeiall Court of Oyer and Terminer, with all the
" severall evidences that were given upon triall ag' the murderer who
" is putt to death."
Ordered That the secrie who was Clark to that triall, draw outt a
fair Copie yrof, de of the depositns of the severall evidences, de
Transmitt the same to his Excelly.
To the 4th, viz: "I desire your care in Causing the penny in the
" pound to be duly collected, and if any of the Representatives of
" Assembly be backwards, Let me know their names and Residence."
The Laying ofthe same, Appointing assessors, Collectors, and the
bringing in the names of tbe Inhabitants, does go on with as much'
expedite as may be in all the six Counties, and if ante persons con- ;
cerned shall be found backwards or negligent to assist in making.the
same, ordered that their names & residence he transmitted to his
Excelly, and that all possible care be taken to supplie that defect by*
all Lawfull means.
To the 5*", viz: "It is my earnest desire that you take care to
" suppress all faction, heats and animosities, and that by such prudent
" methods and wayes as may most Contribute to the compassing the
"end." Resolved, that as it hath been, so it shall be the Lt. Go™ and Coun
cill's care to suppress the same, and the discontents sesm rather to
decreasce than Increasce.
To the sixt, viz : "I wold have you from time to time to give me
" a particular acco' of all publick occurrences in the government, who,
¦" or what,* doth obstruct its peace de quiet, and what will most advance
" the benefit yrof."
Resolved that his Excellies desire therin be dulie answered.
To the 7'h, viz : "You know there is no Revenue fixed for support
•" ofy' maties governmen1; How my time de patience was wasted the
" Last assembly to no purpose. I doe now desire yo* advice in the

PROVINCIAL COUNCIL. 347
" calling of an asssmbly , if it may bs Convenient, this fall, <fc that you
" doe use yo' Interests to procure such Rspsentatives as may be best
" affected to thsir mattes governmen'."
This having been thorowlie debated, It is the Lt. Go' de Councill's
opinion, That in regard that it's now the high time of rating the tax
Land by the Last assembly, It was not convenient to make ante Con
clusion. But Resolved, that when the rates are Laid and brought in,
That this debate be Reassumed ; Unless his Excelly will be pleased
to give the Lt. Go' de Councill his reasons for having an assembly
this fall, which then shall be debated and resolved upon.
Thereafter the whole Councill present Unanimouslie requsstedjthat
the Lt. Go' wold be pleased to write in his owne de their names a
Letter of thanks to his Excell. for his sd Letter de care of ym & the
province, de y'in to assure him of their loyaltie to their maties, of
their obedience to their governm', of their good affections to his
Excelly, and their heartie inclinaons to maintain, promote dc advance
all thsir just interests, de ofy' care de diligence to discharge the trust
reposed in ym, though not after the strict rules de methods required
of persons of better education, experience & Learning ; yet after the
generall rules of Comon Justice, which they earnestlte bessech his
Excelly to accept of.
Charles Butler's petion ag' David Lloyd (from the preceeding
Councill referred to this) was read, setting forth : That when the sd
David Lloyd was Clark of ye provinciall Court Held the 24'" 7ber
1691, The petition r was indicted for uttering de paying away severall
peices of false monie, of false mixt mettall, to the Likenes of Spanish
Coyn, called peices of eight, wch hee sometime before made or Coyned
in the Countie aforesaid, Intending craftilie, falslie, deceitfullie <Ss trai-
tourouslie, to defraud tbe king ds his people, (wtout anie authority
or Licence from the King ds Queen to him given,) Contrary to the
Laws in such case made & provided : And also, setting forth that the
sd David Lloyd did add to the pettie Juries veredict ag' the petitioner,
(&c.) which the Jurie apprehending dt reproving, demanded up their
veredict again, (with consent ofthe bench,) and went forth again, de
agreed on <fe wrote down their veredict again in the former words,
as before they had done, viz: Philadelphia the 26lhof ye7'hmo., 1691.
" Wee ofthe Jurie doe find Charles Butler guiltie of dispersing bad
monie." Unto which the sd David Lloyd after that added, (dec)
whereby yor petitioner had sentence of misprision of Treason pro
nounced ag* him, viz : That he shall forfeit his goods and chattells
forever, and the profitts of his Land during his Life, and be Impri
soned during his Life. And therfore, Requesting Reteife.
The said David Lloyd appearing, made ansr. That hee added no
thing to the verdict, and that the Records '. wch yrin has the, (&c.)
added' to their veredict, was made up after sentence past on the peti
tioner, de that the, (dec.) in the record to the veredict, was for forms
sake, and yrfore could not be the caus of the sentence.
Upon full debate hereof, the sd Complaint was found to have matter
of Law init ag' David Lloyd, not cognizable by the Lt. Go' de Councill;

348 , MINUTES OF THE
yet thought the sentence of misprision of Treason verie severe
ag' y° petition', for being only found guilty of dispersing bad money.
The Councill therfore desired his Excellencie, or in his absence the
Livet. Governo', on the petitioner's application to grant him a par
don. Upon the Complaint of Magister Jacobus Fabricius, ths swssds
minister, That being blind, he was reduced to that povertie that hee
had not wherupon to Live,
Ordered, That the Church- wardens of their Church, have notice
to appear att Councill the ffifteenth instant, to maks ansr to the said
complaint. In answer to the petion of the inhabitants of Cheltenham-Town-
shipp, to the Lt. Go' de Councill, ye 27'" June, 1693 ; And of the In
habitants of second Dublin townshipp, the 1" August instant, both
requesting the Confirmaton of their roads from the sd respective
townshipps to Philadelphia,
Resolved, that the Comon road from Cheltenham townshipp to
German townshipp, <fc from Cheltenham Townshipp to Philadelphia,
and from 2d dublin townshipp to Philadelphia, (commonlie called
Walter King's road) be de are hereby confirmed to be the high and
Comon roads, provided they have been such for foure years Last past;
And that the said Cheltenham road extend up into the Countrey to
peter Chamber-Lains ; And that the overseers ofthe High wayes clear
the said roads according to the methods prescribed by Law.
Upon the petion of philip England, setting forth that he hath a
Licence for the ferrie att SkuiMkill <fe Ordinarie there, on a place right
ag' the High.street on Skuillkill side, from the proprietor, & another
from his Excell. Benj" Fletcher, dec, confirming the same, on the con-
dions yrin exprest, and that he hatli a grant from the Comrs of the
proprietor's propertie of a Leass for the sd ferrie for ten years, or un-;1;
till the proprietor should otherwise order, with 12 acres of Land on
the west side of the sd ferrie, and ten acres on the east side yrof, as
Land to the sd ferrie belonging, att 71. p annum, to comence from the
first of March next. And yrfor, Requesting the Lr. Gor.de Councill ;
to grant to ye pet' the sd Leass, under their hands <fc seals, on the
terms above mentioned, de ansrable to the sd grant from theComrs.te
yor per, & yrin to ord' to whom the sd rent should be yearlie paya
ble for the proprietor's use ; yo' pe' behaving himself as hee ought to
doe in the capacitie of a keeper of the ferrie in that place.
Resolvedi, That the Lt. Go' (by reason that there are no Quorum
of, the proprietor's Comr" that will act in y' capacitie,) grant to
the petition' the sd Leass, under his hand de Seal, on the terms above
writtin, de ansrable to the Comrs sd grant to the pe', dated 24th June,
1693 ; and that the sd rent be made payable to Rob' Turner, for the
proprs use; The per. behaving himself as he ought to doe in the Capa
citie of a ferry-keeper in the said place.
John Cann, Esq'., a member of Councill, having Complained to the
Lt. Go' & Councill, that John White, Late Clark of Newcastle Coun
tie, had caryed away outt of the sd Countie the Records of patents,
deeds & Lands, de the records of the probats of wills, de severall

PROVINCIAL COUNCIL. 349
papefs, bonds and Inventories yrto belonging, which they had wanted
for some years past, to ths great prejudice of their Countie, Orphans
and others, Requesting releife.
. John White Having been sent fin:, appeared de made ansr that hee
delivered all papers and records to his principall, Thomas Lloyd, and
that he had none of them.
Rssolvsd, That John Cann de Wm. Salway, Esq™., gos to said
Thomas Lloyd and dsmand of him all Rscords & papers of all the
offices hss formerlie had relating to ths-tCountis of Newcastle, Phila
delphia, and all other the Counties of the province.
' They on their Returned Reported, That hee ansred That hee wold
send to the Lt. Go' ths two books relating to Newcastle Countie ;
But for the books relating to the other Counties, hee wold Discourse
the Livet. Governor about them.
Upon the pstion of ths Inhabitants of Chester »Countie to the Lt.
Go' ds Councill, To adjust the bounds of the sd County from the
County of Nswcastls, Referred from ths Councill, Juns 27"', to this.
After full debate of the said matter, Rssolved, That, (for the pre
sent Conveniencis of ths govsrnment, and not for an absolute and
finall proprietarie division, but that the Inhabitants on the borders of
both Counties may know to which of the two to pay their Leavies,
taxes, dec, and performs thsir other Countie services,) The bounds of
New castle Countie shall extend Northward to the mouth of Naman's
creek, and upwards along the South-wsst sids of the northernmost
branch, (excluding the Townshipps of Concord de Bethell,) and not to
extend backwards of the said northernmost branch, above the sd
^two townshipps.
The Debate concerning the establishing of the place of the markett
of Philadelphia (referred from the Councill of Sixt of June Last to
this) being Reasstimed &d now thorowly debated, (for the Conveniencie
of all ths Inhabitants of philadslphia,) as also ths regulaon and fees
therof answerable to the present Circumstances of the Town and
' Countrie. ,
[The Markett of Philadelphia.]
The Livet. Go' did put it to the vote, Whether the markett
should remain in the place where it now stands, on the west side of
delaware front street, within the High street, j It was carried in the
negative, nemine contradicente.
The Livet. Go' did putt it to the Vote, Whether ths markstt should
bs held att markett Hill, in Delaware front street. It was caried in
the negative.
The Livet. Go' did putt it to the vote, Whether the markett should
be placed where the Second street crosses the High street. It was
carried in the affirmative. But in respect that the said place could
not bs forthwith staked outt, de the bounds & extent of the markett
place there ascertained, It was unanimouslie
Resolved, that after the 12th instant, the markstt de stalls be for the
present removed to markett-hill, & be there keept untill such time onley,
SO

350 MINUTES OF THE
and no Longer, as the Lt,Gor. shall cause the place wher ths second
street crosses the High-street, to be staked outt for the markett place,
& till a Bell-house be built de erected, & the bell hung in the sd place,
and that notice yrof be given to all persons concerned, by the dark' of
the markett.
Robert Turner, Esq', treasurer of the sd province, Having requested
the Lt. Go' <fe Councill to establish what sum Jn° Claypoole, Sheriff,
shall have for the moneys hee shall pay to him as Treasurer,
Resolved, that hee allow the sd Jn° Claypoole 12d p pound.

[29tt August, 1693.
Att a Councill Held att Philadelphia on Tuesday the 29th of Au
gust, 1693. PRESENT :
WILLIAM MARKHAM, Esq'., Leiv'' Governo'.
Andrew Robeson, p p „ William Salway, Esq'.
Robert Turner, $ " ' Pat. Robinson, Secry.
Upon the petion of the Inhabitants in and about the Townshipp of
South-hampton, Requesting the King's road already Laid outt from
the falls to South- Hampton, to be Laid outt & continued from South
hampton to Philadelphia, by the Surveyor generll,,with the assistance
of the neighborhood, and that the same may be confirmed to be the
King's road,
Ordered, That a warr' from the Lt. Go' be directed to the surveyor ...
genrll, to Lay outt the king's road from South-Hampton to Henry'
Waddie's plantaon, where it may fall into the king's old road, to the
great advantage of the Inhabitants : provided it be Laid outt att the
p'er's charge, and that a Return yrof be made into the Sscris's office,
in ordsr to a finall confirmaon of ths sams.
Upon ths petion of the Inhabitants of the first dublin Townshipp,
Requesting a Continuation de Confirmaon to the sd townshipp of a
ten year old road to Walter forrest's mill,
'Ordered, That warr' from the Lt. Go' be directed to the Surveyor
gerierll, to Lay outt the road desired to be continued & confirmed :
provided it be Laid outt att the p'er's charge, & y' a return yrof be
made into the secrie's office, In order to a finall Confirmation of the
same. Upon the petion of the Inhabitants of Oxford townshipp, desiring
the Lt. Go' &' Councill not to confirm the High road granted to the
Inhabitants of 2" dublin Townshipp, from thence to Philadelphia,
upon the 8th arid 9"1 instant,
The Lt. Go' & Councill did not think it reasonable to grant their
Request, and therfore, Resolved, That for a further Confirmaon of
the sd road from 2d dublin townshipp to Philadelphia, a warrt from the,
Lt. Gor. dec, be directed to the surveyor genrll, to Lay outt the sd

PROVINCIAL COUNCIL. 351
road from 2d dublin townshipp to1 Philadelphia: provided, it be Laid
outt att the p'er's charge; And that a Return yrof be made to the Se-
crie's office, in ordr to a finall confirmaon of ye same. And as to the
othsr road msntned in their petition, through Oxford to franckford,
when they Request the Laying of it outt for a publick road, It shall,
be then further considred.

[19th Septembr, 1693.
Att a Councill Held att Philadelphia on 19'h day of 7br., 1693.
PRESENT:
WILLIAM MARKHAM, Esq'., Livet. Govsrno'.
Robert Turner, ~) p „ Lawrencs Cbck, Esq'. ¦*'
Wm. Salway, 5 ' Pat- Robinson, Sscry.
THe Livet. Go' Having produced a Lett' from John Milter, the minis
ter of Newyorke, directed to him, dated 18th August, 1693, which
came to his hands the 4th instant, Containing enclosed severall copies
of a printed Breife, granted by His Excell. Benjamin Fletcher, &c,
by & with the advice of the Councill of Newyorke, to waraner wes-
sells, Antie Christians, de othsrs, ths friends of 'Cornelius Christians,
peter Wessels, Bartholomew Rowston, John Crage, & Wm. Green,
Late of Newyork, mariners, & now Captives in Algiers, (by reason
y' their relaons are not abls to redsem ym,) To ask & receive the
charitie of all Christian people undr his Excellys. governm', for their
redemption : As also, severall Lres to se'all places & persons in penn-
'.',,, silvania relating yrto : And yrfore, desiring the Lt. Governor's as
sistance yrin, and y* he wold promote it as much as he can, and to
; cause distribute the said Briefes and Letters.
And since, by reason of the sicklie time, the Lt. Go' could not have
a full Councill, and being Unwilling to deferr the consideraon of the
affair anie Longer, did Communicate the same to this board, and after
the said Lettr & Briefe wsr read, desired the advice and opinion of
the Councill yrin, Who, though they declared ymselves willing to
exercise their charitie towards such Captives, Yet upon debate, were
of opinion, THat they having no command nor adyice from his Ex-
cslly concerning it, and the briefe being granted by his Excelly, by
& with the advice of the Councill of Newyork only, and that it had
no relation to this province, & did therfore Humblie conceive That
they ought not to be distributed..
Ordered, That the secrie write to the .assessors of the rexive six
Counties, to Transmitt to the Lt. Go' & Councill, by the 3d of 7br.
next, a true Copie of the assessment of the penny in the pound, with
the names of each person, and how much they are rated, Signed by
the assessors, as the originalls are.
Ordered, That hee also write to the severall members, of CoUncill
that they be present att a full councill, the 3d of October, next.

352 MINUTES OF THE
Upon reading the petion of philip England ag' Wm. powell de
Nathaniell Mullinax, It was referred to the Consideraon of the next
full Councill, And in the meane time, that they, by an ord' from the
Secrie, be sumoned to be then present, to answer to the petitioner's
charge ag' them.

[23d Septembr, 1693. .
Att a Councill Held att Philadelphia the 23d day of September, 1 693
PRESENT :
WILLIAM MARKHAM, Esq. Lievtenant Governo'.
Andrew Robeson, | William Salway, Esq'.
Foure of the provinciall Judges, viz : Andrew Robeson, Wm. Sal
way, John Cann, Edward Bleake, Constituted by his Excellie Benja
min Fletcher, the Chief Governor, Commission dated the 29th of May
Last, "brought their Comission to this board,, advising that the same
was dated before the Law was past that did appoint there should he
five provinciall Judges, and that it was not in such forme as answered
the Law, And not having time befor the day appointed by Law for
their sitting, Requested the Lievt. Governo' to grant them a Commis
sion which might answer the intent of the Law, which by the advice
and Consent of the whole board, was ordered to be done, and was
done accordinglie.

[Is* Octob' 1693.
Att a Councill Held att Philadelphia the l!t day of October, 1693.
PRESENT I
WILLIAM MARKHAM, Esq' Leivt. Governo'.
Andrew Robeson,") ,,, ~ , ")
¦srcEr h'- s^&s* }**
• The Lievt. Governo' produced to the Councill a Letter which hee
had received from his Excelly Benjamin Fletcher, the Chief Governo',
wherin hee ordered him to summons a Councill, which was then
Convened accordinglie. The Letter having been read, was in these
words :
Sir, I have appointed the first Wednesday in October next for the
meeting of Commissioners from all the neighbouring Colonies and
provinces, att New york, to Concerte and agree upon a Quota of
men and money for the defence of the fronteers. You have sesn
thsir maties Commands to mee as Govern' of pennsilvania for that*
purpose. You are therefore to gett the Councill, or a Quorum *
together, to Consider of a fitt person for pennsilvania de the Countrie
of new Castle. Signed Benj" ffletcher, dated att fort William Henry
the 23 7br, 1693.

PROVINCIAL COUNCIL. 353
Upon which the board having debated, and then' Uhanimouslie
resolved that Wm, Salway, esq', should be the person for this province
and Countries, to treat with the Comrs. of the neighboring Colonies
appointed to meet att New york, Concerning a Quota of men de monies
for the defence ofthe fronteers, according to her maties Letters to his
Excellte the Chief Governo', and the Lievt. Governo' is desired to
Commissionate him for that service, de to give him such Credit as
is requisit therto, which was accordinglie done.
Ordered, that the sd Wm. Salway have for the defraying of his
charge Twentte shillings per diem, and that Rob' Turner, Esq', trea
surer, pay the same to him, and that hee reimburse himself outt of
the next tax to be collected, and that hee pay him downe Seaven pounds;
& that the Lievt. Governor give an order for the same.
[Regulation of Markett. . ,
It was this day, by the Lievt. Governor, with the advice of the
Councill, agreed, That the Regulaon of the market of Philadelphia
should be as follows, Viz : ?5
1° That the place for the markett be in the High-street, wher the
second street Crosses it, and in no other place.
2° That t^e market be keept there two dayes in the week wCeklie,
viz : Wednesday and Saturuday. .,,»;
3°. That 9II sorts of provisions brought to this town for sale, viz:
flesh, fish, tame foull, butter, eggs, cheese, herbs, fruits de roots, dec.
be sold in the aforesaid market-place ; And in case anie of theaforsd
provisions should come to the town of Philadelphia on other dayes
that are not market dayes, yet that they be sold in the market, under
the same Circumstances, regulaons <fc forfeitures as upon the dayes on
which the market is appointed ; and in Case anie of the sd.' provisions
be exposed to sale in anie other place in this town than, thesd mar
kett, they shall be forfeited, the one half to the poor of. Philadelphia,
the other half to the Clark of the markett.
4°. That the market begin and be opened att the ringing of the bell,
which shall be rung from the first day ofthe 2d mo° aprill, to the first
day of 7ber., between the hours o£ six de seven, and from the first
day of 7ber. to the first day of Aprill, between the hours of eight de
nine, and in case anie of the aforsd provisions, or ante sort of mar-
ketting be sold (flesh excepted) befor the ringing of the bell, unles i^
be for his Excellte the Governo' in Chief, or Leiv' GSverno', the same
shall be forfeited, one half to the poor, the other half to the Clark
of the markett.
5°. That no person cheapen or buy anie of the afore mentioned
provisions by the way as it comes to the market, -upon forfeiture of
the same, besides the forfeiture of six shillings, both to the buyer de
seller, one half to the poor, the other half to the Clark of the markett.
6°. That no Hucksters (or persons that sll again) shall buy or
cheapen anie of the forementioned provisions untill it hath been two
hours in the markett after the ringing of the bell, upon forfeiture of
the same & six shillings, one half to the poore, and the other half to
the dark of the markett. 30*

854 MINUTES OF THE
7". That the Clark of the markett shall and may receive for all
Cattle killed for the market, six pence p head; For everie sheepe,
Calf or Lamb, Two pence per head ; for everie hogg or shoat brought
to the markett, or cutt outt for sale there, three pence ; and that no
thing shall 'be paid for what the countrie people bring to town readie
killed. 8°. That the Clark of the markett shall de may receive for sealing
of weights & measures one pennie for each, great de small.
Lastlie. That all persons Concerned shall duelie pay to the Clark
of the markett the severall Rates, ffees de forfeitures aforesd, <fc that
hee, shall fi om time to time deliver to the overseers of the poore their
parts therof; and that ajl Justices of the peace, sheriffs, Constables,
and other officers, be aiding and assisting to him in the execution of
his office. Given att Philadelphia, the first day of October, 1693.

[24 Octobr, 1693.
Att a Councill Held att Philadelphia the 24"' day of October, 1693.
PRESENT :
WM. MARKHAM, Esq'., Leivt. Governo'.
Andrew Robeson, > p „ Wm. Salway, ? p „
Robert Turner, 5 ' Lacey Cock, $ " '
Wm. Salway, esq'., who was appointed Com', for the province, dec.
to meet the Comrs. of the neighboring Colonies att Newyork, to Con
cert and agree upon a Quota of men de monie, &c, gave in to this
board an acco' of his proceedings, which was read and unanimouslie
approved of, viz : New york, Wednesday the 4"1 of 8br., 1693.
Pursuant to her matie's Commands, att the request ' and appoint
ment of his excejlie Benj" fletcher, Governo' de Capt. generall of New
yorke, dec., to the rexive Governors of Virginia, Maryland, pennsilva
nia, New england, Connecticut de Roadisland, desiring them rexivlie
to Comrnissionate and' depute persons to meet here the first Wednes-;
day of this instant October, to Concerto' and agree together upon a
Quota of men, or other assistance, to be given , by each Colonie or
province for the defence of New york, as occasion may require the
same, Appeared Miles Cary, gentl., deputed from the government of
Virginia; Wm. Salyvay, esq'., deputed from pennsilvania; and Wm.
pitkin, Esq'., deputed from Connecticut; & appointed to meet to-mor
row morning.

Thursday, October the 5*h, 1693.
The above named Comrs. being mett, James graham, esq'., appear
ed, deputed from his excellte the Governo' of Newyork, requiring

£ PROVINCIAL COUNCIL. 355
him to Lay before us the true and psrfect state of this province, to
gether with the great charge they have been Latelie att in sscuring the
fronteers att Albany, from ths attempts of the French. And also, to
Lay down an estimate of the annuall charge that the sd fronteers may
require for securing the same for ths future : Wherupon they adjourn
ed till friday att nine a Clock.

Friday, October 6', 1693.
The Com™ being mett, Having before them the charge this province
has been Latelie att in defending Albanie, its fronteers, &, the estimate
of the annuall charge for securing the same for the future, fell upon
the Consideraon of pursuing her most gratious Matie's Comands in '
agreeing upon a Quota of men, or *ther assistance to be given by the
rexive governments of Virginia, Maryland, pennsilvania, Connecti
cut, New england, & Road island, And their being a failure, no persons
appearing from the governments of Maryland, New england, & Road-
island, are of opinion that the sd Quota of men, or other assistance
to be given, as aforesaid, Cannot be agreed on for want of persons
deputed from the said governments, and doe accordinglie humblie re
present the same to his Excellie the Governor, with the assurance of
the readines of their rexive governments to pursue her sacred Matte's
Commands in giving such aid de assistance, in men or otherwise, for
the securitie of this province from the attempts of the French or In
dians, as the Condion of the rexive plantaon shall permitt.
MILES CARY,
WILLIAM PITKIN,
WM. SALWAY.
Ordered, That the sd Wm. Salway be paid the remaind' of his tra
velling charges allowed him by order of this board the first instant,
viz: Twenty shillings per diem, Hee having been outt ten dayes ; and
for his Loss of time and service, six pounds ; and that it be paid outt
of their matie's moity of the pennie pe pound tax.'
Charles pickering, -in behalf of the widdow Wynne, having pre
ferred a petion to the Leivt. Governor and Councill, setting forth that
her Husband, Thomas Wynne, Late of Sussex Countie, deceased,
had been Sumoned to the Court of New Castle, to ans' the Complaint
of Adam Short and others, But falling sick, dyed 3 or 4 hours befor
Judgm' past ag' him att the said Court, and that the originall proces- V;
ag' her husband was by a wrong name, and therfore requested that •*-
the execuon' be stopt, and that the petionr have a fair tryall.
After debate upon this matter, and production of the Copie of the
records Of the Court of New castle, und' the Clark's hand, wherin
the petitioner's husband was written Thomas Guin, (but his true sir-
name was Wynne,) Resolved, that the whole tryall be referred to
the next provinciall Court to be held for Sussex Countie, & that in
the meantime execuon be suspended. '

356 MINUTES OF THE
rg"1 Decemb', 1693.
Att a Councill Held att Philadelphia ths 9th of December, 1693.
PRESENT :
WILLIAM MARKHAM, Esq'., Leivt. Geverno'.
Andrew Robeson, ? p «
Robert Turner, 5 S^ ' ^at' Robinson, Secrie.
John Chaffin, M* of the Barque pearl, now ryding att anchor be
fore philapelphia, having preferred a petion to the Leiv' Governo' de
Councill, setting forth that ther is a sute dspsnding bstwsen Jasper
yeates, pltf. de the petition', in the Court of Comon pleas, de that he
had waited on the sd Court for 3 dayes, but could not come to tryall,
and that hee is informed b3' the Justices that by reason of the Limi-
taon of their Comission, they cannot ante longer hold the sd Court,
and the petition' being on a dispatch of his vessell before the frost
shut up the river, Therfore Requested the Leivt. Governo' de
Councill to take the emergencte of this Case into consideration, de to
appoint such speedie remedy as the occasion requires; And the
¦ Justices having sitt 3 dayes upon actions comenced befor this, & they
thinkingit unsafe to act contrarie to his Excellie's Comission, which
Limitts their sitting to 3 dayes de no longer ; And the Leivt. Governo'
having read to the Councill the 3d article of his instructions from his
Excellie, which prohibited him to act with a Quorum less than 5 mem
bers, except in Case of necessitie, the Leivt. Governo' and Councill
Concluded this to be such ; And upon examinaon of the Justices' Co-
mission, which was dated the first day of May Last, It was found to
Limit them to sitt 3 dayes de no longer, And it being compared with
the Law published the 3d of Juns, 1693, which ordered the Countie
Courts to be held and keept Quarterns, and oftsnsr if occasion be,
It was Resolved, That the Lievt. Governo' should make such an
Indorsement upon the back of his Excellies Comission to ths Justices,
that it might therby answer the end of the Law, which was done in
these words :
pennsilvania, y" 9th of December, 1693. Wm. Markham, Esq'..;
Leivt. Governo' of the province of pennsilvania, dec, by authoritie,;
derived to me from his Excellie, with the advice ofthe Councill, doe
(notwithstanding the Limitaon ofthe within Comission lo 3 dayes and
no Longer) hereby authorize you, the Justices within named, to keep
yo' Courts quarterlie, and oftsnsr if occasion bs, according to the
Late Law.
WM. MARKHAM, Seal. •

[191" Decembe', 1693.
Att a Councill'Held att Philadelphia the 19"1 of December, 1693.
PRESENT, :
WM. MARKHAM, Esq'. Lievt. Governo'.'
Andrew Robeson,") T „ ^ , — .
Robert Turner, Usq™. Lacey Cock, Esq'.
Wm. Salway, J Pat. Robinson, Secry.

PROVINCIAL COUNCIL. 357
His Excellies Lett' directed to the Lievt. Governo' & Councill, dated
7th decemb' instant, , was deliberatlie read; After which the Leivt.
Governo' said, that it was absolutlie necessarie that the governm1
should be Supported, de that the method proposed by his Excelly in
the said Letter, was the most easie way to accomplish it ; And therfore,
earnestlie Requested the members of Councill, according to the rexive
inffluence that sach of them had on the people of the severall ranks
and condions in the severall Counties, that they wold use their out
most endeavours before de att the elections, to persuade and advise
the people to choose such representatives as may answer ther majesties
de his Excellies Just expectations ; for said hee, Wee have all some
influsnce, some more some Less; And you that can give reasons to
the people, & can resolve their doubts, It is your dutie to do it; and
you must all use the best methods de your outmost interest for that
end : for my part I shall not be wanting, as I am able. The Councill
ansred that they wold doe their endeavour.
As to the Collusion in the assessment in his Excellies Letter men
tioned, and his Excellies desire to have it rectified, & to know the
state and amount of that affair, It was ansred by the Leivt. Governo',
That hee and the Councill having formeriie heard of the assessors of
Chester Countie, Their underrating the people, did write to them, and
therafter thsy somewhat rectified it ; And the Secrie told ym that by
ord' ofthe Lievt. Governo' and Councill, dated the 19*" 7br, 1693,
hee wrote to the representatives & assessors of all the six Counties, to
send in their rates to the Lievt. Governo', but had received none but
from kent, Philadelphia & Bucks ; and Robert Turner, esq', said that
hee had wrote to Bucks and Chester about the same. , •
Ordered, That the state and amount ofthe rate of each Countie be
sent to his Excellencie, and the Lievt. Governo' said that he wold
write to ym that had hot sent in their rates, That they should send
them in Speedilis, att their outmost perrill: Which Letters were that
day writt by the Secrie, signed by the Lisvt. Governo', and sent by
the Secrie to each of the deficient Counties.
Upon the petion of the Inhabitants of Radnor, requesting a road to
be Laid outt from the upper part of the sd. townshipp of Radnor unto
marten ford ; And of Andrew Robeson de Lawrence Cock, Esq™., Re
questing a confirmaon of ths road that now is from marionford to
Philadelphia, and that it corns into ths third street in the sd towne,
Ordered, That a warrant from the Leiv' Governor be directed to.the
Surveyo' generall, to Lay outt the roads desired, and that the same
may bs Confirmed accordinglie, and that a return thsrof be made into
the Sscris's offics, in order to a finall Confirmaon of ths sams.
[Information ag' Ann Ls Tort.
Thomas Jenner and polyearpus Rose exhibited to the Leivt. Go
vernor & Councill the informaon following, viz : The informaon of
Thomas Jenper & polyearpus Rose, concerning soms passages, de dis
courses that hath been betwixt the french people here de some of the
pennsilvania Indians:
1". The Informant, polyearpus Ross, saith, That about 5 weeks

358 MINUTES OF THE
since, this informant having some discourse with a certain Indian
king called Hicquoqueen, The said Indian resented the unkindness of
the English to the Indians' here ; and further said, that they were not
Like to hold the Land much longer ; for that thsy were not satisfied
for it; and that the french told him thatit wold not be long ere they
wold buy their, Land of them again, for 'the English had but borrow
ed it, and that they could not be so kind to them becaus of the Eng
lish ; and this was particularlie told him by peter Bassillion and madam
Le Tort.
2". The informants, Thomas Jenner and polyearpus Rose, say that
about a month since they were in Compa. with Benj" Clift, att Zecha-
riah Whitpain's plantaon, wher the s'aid Clift said, that one Thomas
Graves & hee being together, The Indians up Delawaretold him that
the French wold come in the spring of the ysar and burn ths Eng
lish, and take ths Countris for ymselves.
3°. peter Yokum also told ym, that since ths Letters- that ths In
dian woman discovered about a year agoe, ther hath been strange In
dians come to Letort's plantaon, de sent away again, and gave no
acco' to the Indian king from whence they came or whether they
went ; peter Yokum saith that severall Indians told him so, viz: Shak-
huppo, Kyentarrah's wife, Olemeon's wife.
4°. They further say, That upon the 9th of Decemb', 1693, They
ryding by the house of madam Le Tort, polyearpus asked her hou
shee did. Shee ansred, whsrs havs you bssn. Hss said, att peter Yo-
kum's. Shee said, ther was no path for sweads or English rogues
there, for no English Rogue nor swead should come on her ground ;
and run in a furie with a horse whipp & whippt polyearpus, and call
ed for Lewis to help her, a french Canada prisoner taken by o' In
dians, and these informants and mounce Yokum wer forcsd to ryde
away, for fear they should have been shott, but saw no gunn.
5°. polyearpus Rose saith, That about a ysar sines ther was a
packett of Letters, sent from Philadelphia from peter Basilion, Capt.
Dubroisds madam Letort, to the strange Indians called Shallnarooners,
Sealed up in a blue Linnen cloath, de was Left att James • Standfield's
plantaon by Richard Basilion's Servant, who then run away, and the
Letters' bsing thsrs 3 dayes, James, the Frenchman, Came de caryed.
ym away, who then belonged to the persons abovssaid.
- Signed, THOMAS JENNER,
POLYCARPUS, P. C. ROSE, his mark.
Dated the 12th decemb', 1692.
polyearpus Rose having sworn to ths first article; Thomas Jenner
having attested, de polyearpus Rose sworn to the 2d article; polyear
pus Rose & peter Yokum having sworn, de Thomas Jennsr having at
tested to the 3d article; polyearpus Ross having sworn, de Thomas
Jsnnsr having attested to ths 4"1 article; And polyearpus Rose having
aworn to ths Last article of the sd Informaon,
Itt was ordered, that ths sd Ann Le Tort appear att this board the
29th instant, de that Cap' Dubrois and peter Bisalion, when they return
from the Lower Counties, be sent for by a warr' to appear as above,

PROVINCIAL COUNCIL. 359
to ansr to the said Complaint; And yl the Indian king, Hicquoqueen,
bs ssnt for, Shakhuppo, kyantaro's wife, Olemeon's wife, mounce
Yokum, de Lswis, ths French Canada prison', also Benj" Clift & Tho
mas graves ; and y' Capt. Cock take care to give ym notice hereof.

[29*h Decemb', 1693.
' The Leivt. Governo' de Lacy Cock onlie present, Ann Le Tort ap
peared, in obedience to the ord' of Councill, & was readie to ansr to
ye sd informaon, but none of the informers nor wittnesses appearing,
shee humblie desired that shee might not be again sent for till the ex-
tremetie of the weathsr was ovsr, shse having no person att home,
remote in the woods, to bs att hsr houss in hsr absence.

PROVINCE OF PENNSILVaW, AND COUNTREY OF
NEW-CASTLE.
Minutes of Councill in the Assembly, Anno R. Rst. Rae Willielmi
et Marie Angliae, dec, Quinto.

[W May, 1693.
Att a Councill Held at Philadelphia On a Moonday the 15"1 of May,
1693.

His. Excell. BENJAMIN FLETCHER, &c.
William Markham, Esq'., Livet. Governo'.
Andrew Robeson, ") Lawrence Cock, "J
Robert Turner, {-Esq™. Wm. Salway, J- Esq™.
Pat. Robinson, J Wm. Clark, J
The persons Returned for Representatives being in number Twen
ty, viz : foure for the County of Philadelphia, three for the County of
Bucks, three for the County of Chester, foure for the Countie of New
castte, three for the County of kent, de three for the Countie of Sus
sex, came to wait upon his Excell. in Councill, and wer admitted.
Six of them took the oaths appointed by act of parliament to be taken
instead of the oaths of allegiance & Supremacie, de subscribed the
test ; the other fourteen did Subscribe the declaraon of fidelitie, pro
fession of the Christian faith, and Test.

360 MINUTES OF THE
After which His Excell. did speak to them as followeth, viz:
Gentlemen : Before you goe to the Choice of your Speaker, I think
it Convenient to Let you see by what authoritie you are Convened :
my reason is, becaus I observed some commissionated by your pro
prietor did withdraw themselves att the publishing of their Maties'
Comission ; others have rsfussd to act under that power, and manie
of you wer absent att that time.
Then the Clark, by his Excell. order, did read the Commissions,
Upon which his Excell. Continued to say:
Gentlemen: You see by the Clauses of these two patents relating to
Assemblies, that you are all obliged, befor you can be qualified to sitt,
to take these oaths prescribed by Law. Yet I have some Latitude in
my Instructions, which enables me to admitt such to act in the go
vernment as for Conscience sake refuse an oath, and are yet willing
to make their protestation and subscribe the Test, dec.
It has ever been my endeavour de desire to act soe as that all peo
ple under my care might be in Love with their maties' governm' dt
Laws, andamtherfor willing to allow such to sitt in this house of re-,
presentatives, as are chosen by the freeholders of the rexive Counties,
who not being free to take an oath, are willing to perform the other
obligations : provided this be entred in the Journalls of your house as
an act of grace from their majesties, and not taken as a president.
Gentlemen : I must add, If there be anie amongst you who doe not
take an oath, whom you cannot own as members of yo' Comunion,
but may, under that pretence, shelter themselves from what the Law
requires, pray Let me know them, otherwise you will bring a blemish
upon yo'selves by Countenancing Hypocrites. And in this matter I
expect you will be plain, and answer for such men, if anie there be,
who for private ends put on a false dress.
And I desire you to provide a Clark to keep the Journalls of your
votes and other proceedings ; That you cause him particularlie to en
ter in his book, That your being admitted to sitt upon Subscriptions
without an oath, is an act of grace, and not to be insisted on as a right,
and for the future taken in president.
Your Clarke must also take care to give me a Copie of everie daye's
votes and Minutes the night following.
Then bid them withdraw to some Convenient place <fc choose their
Speaker, whom he wold be readie to see morrow morning.
Adjourned till Nine a Clock morrow morning.

PROVINCIAL COUNCIL. 361
[16111 May, 1693.
Att a Councill Held att philadelpifha on Tuesday the 16,h of May,
1693. PRESENT :
His Excell. BENJAMIN FLETCHER, &c.
Wm. Markham, Esq', Livet. Governo'.
Andrew Robeson,""! T n i "
t, , . ,,, ' ! Lawrence Cock,
ESSE? \*r- >*"*¦* w'
Wm.Satay, j Wm. Clarke,
The Governo' de Councill being mett, Joseph Growdon, accompa
nied by the whole number of Representatives for the province of penn
silvania, &c. presented himself to his Excell., Acquainting hisNExcell.
that the Representatives here present had made Choice of him for
their Speaker; That it was a great Charge &, trust, de more then he
Could Conceive himself capable of; Therfor moved that his Excell.
wold Command the representatives to return to their house de choose
some fitter person.
His Excell. made ans': Sir, The Latter part of yo' speech proceeds
from yo' modestie. You are their Speaker, and gentl. I doe approve
of yor Choice. I have had a good character of you, Sir, and if I
had been to Choose a Speaker from amongst y° representatives re
turned for this occasion, I had pitched upon you as best qualified. '
Then his Excell. addressing to the speaker & Representatives,
Said : I have sundrie things to offerr to yo' Consideraon, But shall
only insist upon two att present.
1°. You know that governm', if it be not supported, becomes pre
carious, void, de ends in nothing.
2°. Gentl., Here is a Lett" directed to me as Go' of this province,
from her Matie, qrof you shall have a Copie. The province of New
york has been a long time burdened with a troublesome warr, (if it
may be called a warr, for Indeed the French and Indians in Canada
are a pittiefull enemie, if they could be brought to fight fairlie, but the
, wood, swamps and bushes gives them the opportunity of vexing us.)
You will see by this Letter their mattes' Comands, and what is ex
pected from you towards the assistance of that province.
Gentl., If ther be anie amongst you that Scruple the giving of mo
ney to support warr, ther are a great manie other charges in that go-
verm', for the support yrof, as officers Sallaries de other Charges, that
amount to a Considerable sum: Your money shall be converted to
these uses, & shall not be dipt in blood. The monie raised there for
the support of the goverm' shall be imployed for the defence of the
fronteers which doe give you protection.
I wold have you Consider the walls about yo' gardens & orchards;
yo' doors de Locks of yo' houses ; Mastiff doggs de such other things
as you make use of to defend yo' goods & propertie ag' thesvss &
robbers are the same Courses that their maties take for their forts,
'31

362 MINUTES OF THE
garrisons & Souldiers, dec. to secure their kingdoms & provinces, &
you as well as the rest of their subjects. I speake ..thes,' more to
this matter becaus I have their maties' Command, which Lyes now
here before you.
And gentl., If you will propose ante thing for yo'selves, whether
the Confirmation of former Laws or other new Laws, for the advan
tage and benefit of the people whom you represent, provided they doe
not derogate from, or doe not appear in opposition to the Laws of
England, you shall find my readie Concurrence.
I hope you will Consider to satisfie their Maties' just demands and
expectations. Time is of great value to me. Their maties' affairs
call me to the fronteers ; therfore desire you speedie dispatch of what
is before you. You may return into your house and Consider therof.
M' Speaker said: I have something to offer to thee, Governo', on
behalf of the representatives.
His Excell. asked : how could that be, befor you are a house, You
being just now presented to me for Speaker ; How could you have
anie time for debates, unless you had had some private Consults before
you wer a House.
Mr Speaker ansred, That what hee had to offer was an omission of
what hee proposed to say formeriie, and introductory to their bussi-
nes, in ordr to their dispatch.
His Excell. bid him say on.
Then M' Speaker desired that they might have free access to his
' Excell. person, a favourable construction putt upon their words, de be
free from arrests, with the other priviledges of an Assembly.
His Excell. made ans': You'have all the priviledges of a house,
But I must again mind you to provide a Clark to keep a Journall of
yo' votes a nd proceedings,de I doe expect Hee shall everie night, during
your sessions, Let me have a Copie of ths votes of yo' house the
preceding day. I wish you to Consider their mattes' service, your
owne safetie, dz; the prosperitie of the province ; which on my part
shall be allways vigorously endeavoured.
M' Speaker Replyed, They had provided a Clark. Then returned
his Excell. thanks, and withdrew with the Representatives to their
House. His Excell. sent to Inquire of the Speaker, if hee believed their
house wold have any thing to offer to his Excell. and Councill this
forenoon. The Speaker sent in ans', that hee did not know, & desired by the
same messenger to have a Copie of his Excell. Comission, so farr as
concerneth the power of assemblies; Which his Excell. Caused to be
copied outt of the Originall by the Secrie, and sent unto them.
The messenger returning, told his Excell. that the Speaker told
him hee believed they wold want a Copie of the whole, and that some
of the representatives desired to see the originall.
His Excell. sent the same person to tell ym that they should have
a Copie of the whole to-morrow morning; And if M' Speaker wanted

PROVINCIAL COUNCIL. 363
to peruse the originall in the meantime, It will be granted: provided,
the person his Excell. sends it by be admitted to be present att his
reading yrof, and .bring, the same back to his Excell.
Ordered, y' Patrick Robinson, Esq'., doe forthwith prepare a Copie
of their mattes' letters patents to his Excell. Benj* flstcher, for the pe
rusall of the Assembly.
Adjourned till morrow morning.

[1701 May, 1693.
Att' an Assembly held att Philadelphia On Wednesday the 17* of
May, 1693. PRESENT :
His Excell. BENJAMIN FLETCHER, dec.
Wm. Markham, Esq'., Livet. Go'.
Andrew Robeson, "J W.1V n-, ¦ 1
Rob'TW, W ™£££t W
Lawrence Cock, J -J
His Excell. did acquaint the board, that ther wer two gentl. of the
Councill of Newyork in town, To witt: Chidley Brooke, Esq'., and
Wm. Nicholls, Esq'.: That the Councill of New yOrk, by their Ma
ttes' Letters patents for the governmt. of this province & Countrey,
have an interest in the goverm' of this province and Countrie, upon
his death or absence, de ofthe Comand in Cheif Commissionated for-
Newyork ; Therfor his Excell. is desirous that they be present in
Councill here, which was approved.
And his Excell. did send for them accordingly.
The Assembly sent some of their house to know if his Excell. wer
at Leisure to receive them, Having something to offerr. His Excell.
told ym that he waited for y° Assembly.
The doorkeeper did acquaint his Excell. that M' Speaker and the
representatives did desire access, which was granted. M' Speaker
addressed himself to his Excell., de said:
May it please the Go', The house having something to offerr to the
Go', for the help of my memorie, have putt it in writting: may it
please the Governo' to Let me read it. Which was granted. Then
the Speaker read :
To Benj" Fletcher, Esq'., Capt. Generall and Governo' in Cheife
in and over the province of pennsilvania de Countrey of New?
castle, dec.
The humble address of the freemen of the said province and
Countrey of New Castte, dec. in Assembly mett, shewsth :
That sines it Hath pleased the king de queen that the absence of
the proprietaries personall attendance in this govermt. should be sup
plied by thee, or by thy Livet., Wes, ths Representativss of the free
men of this province and territories, with due respect to the power of

364 MINUTES OF THE
thy Comission, and heartie acknowledgement of thy good will, care
de tenderness to us, doe readily acquiesce with the king's pleasure
therin, Earnestlie beseeching that our pr&cedure in Lsgislation may
be according to the usuall method and. Laws of this government,
founded upon, the Late king's Letters patents, Which we humblie
Conceive to be yet in force; And therfore, wee desire the same may
confirmed unto us as our rights and Liberties. And wee, with all
faithfulness and sinceritie, doe give what assurance wee are capable
of, in the present Circumstances wee are undsr, to answer the Queen's
Lett' and thy request, according to our ability.
"^His Excsll. made answer, That this address Hath been drawn up
with much deliberation, and by the most Learned in their Countrey,
and it cannot be expected that I can give you an Imediate ans'. I
shall give you my ans' in writting, But att present I must tell you,
Gentl., You are verie much mistaken in alledging yo' Laws to be in
force, and at the same time, in yo' present station, to desire a Con
firmaon of ym. If in force, what need's my Confirmaon? Consider
by what power you are convened here: You are either a Law'll As
sembly & Legally calld, or an Unlaw'll meeting att the best, & we
are doing nothing. If the Laws made by virtue of M' penn's char
ter be of force to you, and can be brought in Competition with the
great Seal of England that comanded me hither, I have no bussines
here. There is therfor nothing Left for you but to own the king's
authoritie, or disown it. Thsre cannot bs two sstablishmsnts of go
vernment, in opposition to one another. I wold have you satisfied in
that -point. I havs an abstract of yo' Laws by me, & manis of ym
are repugnant to the Laws of England. By.yo' Constitution former-
lie, the people wer to Choose the provinciall Councill : The king hath
allwayes the power of Choosing his owne privie Councill, which is
reasonable, for he is the best judge who are Capable to serve him.
By your former Constitution the people wer to Choose representatives,
who wer to have a negative voice in passing of laws, which is all
wayes Lodged in the king, and for the present time granted unto me
by their maties' Lres. patents. By your former Constitution the people
did present to the Go' a double number of Sheriffs, Justices of the
peace, de I have the power of Commissionating de appointing officers, &
manie other things in yo' former constituons and Laws, repugnant to
the Laws of England, too tedious to enumerate ; which are altogether
Contradicted by their mattes' Letters patents. I doe understand that
it is the opinion of the Learned in the Law, That the Revenue of the
Crown; The making of Laws; The power of Life de death; arming of
the subject, <fe waging of warr; which wer granted to M' penn, are
the Reglia of the Crown de cannot be demised; as in case of an en
tailment, they are entailed upon the successor ; you have heard of an
entailed estate: the father is only tenant for life, de cannot demise it
from the son; if he grant it for Longer than Life, it is void, de the son
shall recover his estate. If there be anie Lawyers among you, they
can informe you king Charles' grant of these things might be good to
you during his life, becaUs he might maintain his own act; But since
his death they are become utterlie void. I wold have you advised of

PROVINCIAL COUNCIL. ¦' 365
this point. These Laws and that model of goverm' is dissolved & att
an end : you must not halt between two opinions. The king's power
and M' penn's must not come in the scales together.
But gentl., As I said before, when you did present yo' Speaker, If
you doe propose anie Laws for yo' owne Conveniencie and saTetie, I
shall readily Concurr with them, If they be not repugnant to the Laws
of England.
Mr. Speaker Replyed. That he was a servant to the representa
tives, de and had not yet received theif minds ; but this one thing he
durst venture to say for ym, That they had a good affection for the king
& Queen, & wer sensible of the great duty that Lay upon ym, de as
they wold not be wanting yrin, soe they wer willing to know that
their former charter is in a Lawfull way att an end : king Charles
the 2d granted the power by which the Charter was founded, which
grant being und' the great seal, perhapps they may think that in
Justice it ought to be maintained, being the king's grant.
His Excell. in answer said. I hope your affections to their maties
are good. My Custome is to speak the thoughts of my breast, de
wold believe so of everie man untill I find the contrary. I wold have
you havs a tender regard to yo' dutie. The Question is short, either
you must stand by their maties Comission for the goverm', or Mr.
penn's Charter ; for you see they are in opposition to one another.
Consider .what I have alreadie said, and be resolved in this point.
As for the propertie and ths estate of the proprietor, you shall find me
allwayes readie to advance his interest during my administraon.
Gentl., I never sought to come here. 1 have enough to doe in the
nighbouring province, wher I have a fronteer garrison de an enemy.
to Look, after., I am come by their maties comands, and their
government I will maintain, pursuant to their Letters patents. Ther
fore, pray Consider and dispatch an ansr. I am in haist to be gone
upon their Majesties affairs.
Whereupon they withdrew. Two of the Representativss did signi-
fis to his Excell. that their house wold have nothing to offerr this
forenoon ; That they wer desired by their house to ask a Copie ofthe
Governor's Comission de his answer to their address, in writtin^.
The answer given in writting, by advice of the Councill, is as fol
loweth: Philadelphia, the 17*h of May, 1693. Gentl., 1 have, with
the Councill, considred yo' address, and am sorry to find yor desires
grounded upon so great mistakes. The absence of the proprietor is
the Least cause mentned in their Maties Lres; patents for their Maties
asserting their undoubted right of governing of their, subjects in this
province ; there are reasons of greater moment, as the neglects and
miscarriages in the late administration : The want of Necessarie de
fence ag' the enemy & danger of being Lost from the Crown.
The Constituon of their Maties goverm' de that of M' penn's are in
a direct opposition the one to the other. If you be tenacious in stick
ing for this, it's a plain demonstration (use what words you please)
that indeed you declaine the other. I shall readily concurr with you
31*

366 MINUTES OF THE
in doing anie thing may conduce to yo' safetie, prosperitie and satis
faction: provided yo' requests are Consistent with the Laws of Eng
land, their Maties Lres patents, and the trust and Confidence their1
Majesties Have reposed in me. Time is verie precious to me. I
hope you will desist from all unnecessarie debates, and fall in earnest
upon thoss matters I have alreadie mentioned, de still have to recom
mend to you, and for which you are principallie Convened together.
Signed by his Excell. Order. DAVID JAMISON, Ck. Cdncily.
His Excell. did deliver this ans' in writting, with the Copie of his
Comission, to M' Jamison, and ordered him to deliver it to the speaker,
and to tell the Speaker from his Excell., that hee had sent them an at
tested Copie of his Comission for their satisfaction: That his Excell.
had made many steps of ,C°ndescention to them which he had not
done in another goverm', de was not presidentiall, that they might
have no hindrance nor obstruction in their maties' service. The Ques
tion is . short, whether they wold owne their Maties' Lres patents, or
Mr penn's Charter. That his Comission was recorded with the Se-
cretarie, where they may have recourse to it, and that hee expected
they wold return that Copie when they had perused it- Which was
accordingly performed by M' Jamison, and the Councill adjourned till
fours a Clock afternoon.

POST MERID.
Att a Councill Held att Philadelphia the 17"' of May, 1693, 4 a
Clock afternoon.

His Excell. BENJAMIN FLETCHER, dec
Wm. Markham, Esq'. Livet. Go'.
Andrew Robeson,"! t u n ~\
Rob' Turner, -L „ §hn C™\ L „
Lawrence Cock, ^ " Wm Clarke, Ufcq-.
Wm. Salway, j Geo. Forman, j
His Excell. ordered M' Jamison to wait upon the house of repre
sentatives de Signifie the Gor. and Councill wer mett, and no other thing
befor them than to receive what they had to offerr, dc desires to know
if ante thing might be expected from ym this evsning ; Which was
done. M* Speaker's ansr. was, that they had agreed upon something, to
his Excell. shortlie to be offered.
An Houre after his Excell. ordered M' Jamison to goe again to the
house of representatives, & to tell M' Speaker that his Excell. had
tarryed a Long while, de desires to know if hee might expect ante
thing from them this evening; Which was done.
Mr Speaker's answer was: something hath happened of difficultie
befor them, which occasioned some debate de hath taken up some time,

PROVINCIAL COUNCIL. 367
¦
but now is over ; wes are corns to a conclusion : If ths Govsrnor will
tarry ons half houre, He belsived they wold be readie to wait upon
th&Governo' : perhapps within a Quarter of an houre.
The doorkeepsr did inform his Excell. y' M' Speaker and the re
presentatives did desire access; which was granted. M' Speaker said:
May it please the Governo', there happened some difficultie which
occasioned some debate amongst us; Wee are now come to a Conclu
sion : Wes ask that ths Go' will sxcuss us for making soe Long stay.
Wee hope that this matter being over, wee shall proceed to give sa
tisfaction to the king & Queen's demands de thy desire. Wee have
agreed to two votes, which are in writting, for the help of my memo-
rie. I cannot much Commend our Clarke ; please, Go', to excuse
that it is not writt fair over.
His Excell. M' Speaker, if you Leave it with me, I will cause
writt it fair over.
M' Speaker. May it please the Governor to Let me first read.
His Excell. You may.
M' Speaker read : philad. ye 1701 of ye 3d Mo., 1693. It was putt
to the Question, whether it be the opinion of this house, that wee may
saflie act in Legislaon in Conjunction with the present Go', according
to the king's Letters patents. Carted in the affirmative, Nemine Con
tradicente. It was also putt to the Question, Whether the following Clause bs
added to the Last vote, viz : provided, that the aforesaid Resolve may
not be Construed, deemed or taken to our prejudice, but that wee may
have the benefit of being governed by the Laws & constituons of
this goverm', so farr as is consistent to the tenor of the king's Lres
patents to our present Go' Fletcher, and that our proceedings therin is
in Conformitie to the king's pleasure, and not the Least apprehension
of anie forfeiture of our rights.
Resolved in the affirmative, Nemine Contradicente.
His Excell. M' Speaker de you gentl., To yo' first vote you have
been a Long time in answering a plain Question, but have come to a
Conclusion att Last. I am glad that you have agreed to submitt to
their maties goverm' with a nemine Contradicente.
To the second part I must take some time to consider before I can
give you an ans' ; please Sir, to Leave the paper with me. Gentl. yOu
shall find me allwayes stedfast to what I promise you ; That is, when
you have Considered to draw up what Laws may be for your Conve-
niencie and safetie, provided they be not repugnant to the Laws of
England and their maties Lres. patents, I shall be readie to give them
that sanction which their Maties have Impowred me to give. But in
"yo' former Law book I find sundrie Laws that are altogether repug
nant to the Laws of England, and seem to supersede them, viz: the
9th Law, Sodomy & Bestiality; 10,!l Rape; 16*11 burning of houses;
96' stealing of hoggs de other Cattell ; 109th estates of persons deceased;
117^ manslaughter; 116 marriages; 171 W penn's person. I am
informed there is a person amongst you brought up in the Law in
England, who can inform you. Therfore, you must not expect that
I -will pass those Laws into acts.

368 MINUTES OF THE
Mr Speaker. May it please the Governo' to give us a list of these
Laws the Governor is pleased to think repugnant to the Law of Eng
land. His Excell: you may have it. Gentl. Besids what I have alreadie
offered unto you, There is an Act ag' pyrats and privateers, with
Limitaon of time for their coming into the province, de entring into
bonds for their future good behaveour, which was drawn in England
de sent with me to be enacted in Newyork: pirates and privateers
may become good men att Last, and the design of that Law is to draw
them from their evil courses, that they may become good subjects &,
inhabit amongst us, to help our governm' : It is enacted in Newyork :
there needs no other alteraon than the alteraon of time for their coming
in, &, the name of the province ; you may Lengthen the time as you
find most for yo' good. I hope it will meet with no opposition.
There is also another thing which I recommend to you, which no
person I believe will object ag', de that is the settling of a post office,
which is intended to continue by Land from Virginia to Boston in New-
sngland ; It will be a great Conveniencie to all trading men, de a sa
tisfaction to evsrie one. It was recommended to me by the Queen's
Letter to be promoted in Newyork, and is setled thsre, and in Nsw
England, by act of Assembly. Here is a Copie ofthe Queen's Letter
& manner of its settlement, for yor perusall.
M' Speaker. May it please the Gor. to Let us have the perusall of
those things that relate to our priviledges de Liberties, that we may
have them under our consideration along with these things.^
His Excell : you shall have ym, & I will readilie concurr to anie
thing that may not be repugnant to the Laws of England & the trust
comittsd to me by their mattes Lres. patents.
M' Speaker. May it please the Governo', Wee hope ther will be
a good agreement, and we will endeavour to give satisfaction to the
king and queen's demands, and the Governor's desire. Wee are readie
to show our good affection.
His Excell. I am glad to hear that you are soe well inclined, and
that you have gott over that rubb that was in the way; you shall all-
wayes find me according to my word, and I wold have everie man
soe. Therefore, putt away all jealousies, that wee may go on cheer-
fullie and Unanimouslie in those affairs for which you are Cheiflie
Concerned, without loss of time.
John White. May it please the Go1 to give me leave to speak one
word : There is one thing more which may have escaped the Speaker's
memorie, and that is, To ask thee to grant that when there doth arise
anie doubt or question amongst us, The Go' will grant us that some
ofthe Councillors maybe appointed to Conferr upon such doubts and
questions as may arise.
His Excell. M' White, Its not a man of words, noise and con
tention, that I affect, but a man of sense, gravitie and discretion, that
knows how to propose things in due time and manner : When there is
occasion to resolve anie doubt or question, or to explain anie misun-
dsrstanding, Whsn I shall bs mads acquainted yrof by the Speaker,

PROVINCIAL COUNCIL. 369
I shall be allwayes readie to appoint a Comittee of the Council! for
that purpose.
M* Speaker. May it please the Go' to excuse this man, for it was
discoursed of some time this day in our house, though if I remember
right, it was not given me in charge with the other things when I
came outt.
Hfe Excell. It is well, Mr Speaker. GenlL, I wold have yon to
make what dispatch you can of what I have given you in charge. I
hope ther will be a good understanding betwixt us. I wish you wefl.
The Speaker & representatives withdrew.
Adjourned till morrow morning, eight a Clock.

[18* May, 1693.
Att a Councill held at Philadelphia on Thursday the 18*of Mar,
1693.

His ExcelL BENJAMIN FLETCHER, &c
Wm. ILucxhax, Esq*., Lfc Governor".
Andrew Robeson, ) William Salway, ")
Rob* Turner, V Esq". Wflham Clarke, i-Ksq-.
Lawrence Cock, J Geo. fibnnan, J
His Excell. sent M* Jamison to the boose of representatives with
the Copse of their vote, which they dehreied to bis ExcelL Last night,
and desired to know if they had anie thing to offerr this forenoone.
Two of the representatives from their House did signifie to Ins Ex
celL that they did beterre there will be nothing to oflferr this forenoone,
and desire a list of the acts which the Go* did mention Last night
to be repugnant to the Law of England.
Hk K^rrf!. did say: I am no Clark; you have the Laws amongst
you; What I have by me is only some minutes which I have extracted
outt of yor' Law book, for the help of ray memorie; But I will remove
all excuse for delay: Ton shall have it; pray let ym dispatch.
The list and number of Laws wer Immediately given them.
Adjourned till 4 a Clock afternoon.

[22« May, 1693.
Aa a CoundD Held att Philadelphia on Moonday the 22* of May,
1693.

PHESE5T:
His Excefl. BENJAMIN FLETCHER, Ac-
Andrew Robeson,
Rob* Turner,
Pat. Robinson,

'"""""lu^ Lawrence Cock, ] „_
r^ JEsq-. Wm. Clarke, jBs^-

370 MINUTES OF THE
His Excell. did signifie that the delayes ofthe Assemblie did wearie
him, their Maties' affairs calling for his attendance elss where, and
desired their advice whether hee should send to them or not. It is the
opinion of the Councill, that his Excell., if he think convenient, may
send to them to know if they will Have anie thing to offer this' evening ,
& to desire them to dispatch; Which was ordered accordinglie.
Adjourned till eight a Cloek morrow morning.

[23d May, 1693.
Att a Councill Held att Philadelphia on Tuesday the 23d of May,1693.
PKESEMT :
His Excell. BENJAMIN FLETCHER, dec.
Wm. Markham, Esq'., Lt. Governo'.
Andrew Robeson,"") Lawrence Cock,""l
Robert Turner, ^Esq". Wm. Clarke, ^Esq".
Pat. Robinson, J Geo. Forman. J
His Excell. did order M' Jamison to wait upon thet House represen
tatives, and tell M' Speaker that it's now the 9"* day of their sessions
de Little or nothing done, (other assemblies have dispatched more
business in Less time,) To know if they have prepared any bills, and
once more to desire their dispatch.
The Speaker made ans': That they wer dispatching. That the
Governor must, not take it amiss that they are so tedious, being putt
outt of their old methods . Formeriie the Councill did prepare the Bills
de send ym to the representatives for their assent, and now it is putt
upon ym to prepare ym. That they are now agreed of something
concerning their Laws, which they believe they shall offerr to the
Go' this morning.
Resolved, It is convenient to demand the Rolls of the former Laws
from the late M' or keeper ofthe rolls- of this province by two of ths
members of Councill. ' ""-
Ordered, That Andrew Robeson and Wm". Clark, Esq™ . doe demand
of the late M' or keeper of ths Rolls of this province, That forthwith
hee either bring or send the rolls of the former Laws of this province
to the Councill board.
His Excell. did send M' Jamison to the representatives, to Inquire
if they had anie thing to offerr this forenoone, or when they would.
The Speaker's ans' was, That they wer running over the body of
Laws, de making alteraons as they could agree, de believsd nothing
wold be offered this forenoone.
Adjourned till 4 a clock afternoon.

PROVINCIAL COUNCIL. 371
POST MERID.
The 23d May, 1693, 4 a clock afternoone.
PRESENT :
His Excell. BENJAMIN FFLETCHER, &c.
Andrew Robeson,^ W S 1 v "1
T r, , Geo. forman.
Lawrence Cock, J * J
His Excell. in Councill, Having tarryed two hours, did Order Mr
Jamison to wait upon the house of representatives to know if they had
any thing to offer wt'in this halfe houre.
M' Speaker ansred, that they only tarryed for their Clark, who
wold verie soon have done with his writting.
Adjourned to 8 a Clock morrow morning.

[24* Miy, 1693.
Att a Councill Held att Philadelphia on Wednesday the 24™1 of May,
1693. present:
His Excell. BENJAMIN FLETCHER, &c.
Wm. Markham, Esq'., Livet. Governo'.
RobttWTRurneeSr°nn. Williara Salw^ >
LtRobteson,' Y**- William Clarke, j>Esq».
Law. Cocke, j Geo. Forman. j
Andrew Robeson & Wm. Clark, Esq™, did return, That in pursu
ance of the order of Councill yesterday, they did demand of M' Loyd,
Late M' of the Rolls, either to bring or send the rolls of. the former
laws ofthe province to the Governo' and Councill, And that his ans'
was : That hee never did enroll anie Laws ; there was not, nor hath
hee ever had anie warrant for soe doing.
The door keeper told his Excell. that a messenger from the house
of representatives comes to know if the Go' be readie to receive ym,
who was ansred that his Excell. hath been readie these two hours.
M' Speaker and the House of representatives being present, M'
Speaker said : May it please the Go' to excuse our delayes, for wee
are putt upon new methods, which wee are not yet acquainted with,
de are not negligent nor disrespectiull to the Governo' : Wee have had
about 200 Laws to review : Wee have now brought thee a Bill, which
wee desire the Governo' will be pleased to pass into an act.
His Excell. What is the title of it ?
M' Speaker Read a direction to the Governo', with his titles.
His Excell. What is the substance of it 1

372 MINUTES OF THE
Mr Speaker. It is our desire that the Governor wold Confirm our
former Laws to us. If the Governor please to give me Leave to read
it. Granted.
To Benj" Fletcher, Cap*. Generall and Governor in Chief in and
over the province of pennsilvania and Countrey of Newcastle, dec.
Wee, the freemen of the sd province & Countrey in generall assem
bly mett, Humblie Shew :
That wheras, the Late king Charles the 2d, in the 33d year of his
reign, by his tetters patents under the great Seal of England, did for
the consideraon therin mentned, grant unto Wm. Penn de his assigns,
this Colonie or tract of Land, thereby erecting the same into a pro
vince, calling it pennsilvania, and Constituting the sd Wm. penn
absolute proprietarie of the sd province; (saving amongst other things
the soveraignty therof;) Therby also granting unto the sd Wm.
penn, his deputies or Livets, by virtue of the said Royall charter, full,
free, de absolute power, by and with the assent of the freemen of the
sd province, to make, enact and publish any Laws whatsoever, for
anie end, appertaining either to the publick state, peace or Safetie of
the sd. Countrey, or unto the private utilitie of particular persons,
according to their best discretion ; Which Laws, so as aforesaid made
and published, the sd Late king did by the same enjoyn, require de
command, should be most absolute aud available in Law, and that
all the Liege people and subjects of the said Late king, his Heirs de
Successors, should observe and keep the sams inviolabls in thsss parts ;
But that ths Laws for regulating de govsrning propsrtis within this
province, and Likewise as to felonies, might be de continue the same
as they should be for the time being, by the generall Course of the
Law of England, Untill ths said Laws should bs altered by the sd.
Wm. penn, and by the freemen ofthe said province, their delegates
or deputies, or the greater part of them : And to the end the sd Wm.
penn or the inhabitants of this province, might not att anie tims ther-
after, by misconstruction or colour of the powers aforesaid, or by pre
tence ofthe said Laws therafter to be made, should thorou inadvsrtsncis
or design, dspart from that faith or allegiance which by the Laws of
England they and the king's Subjects in his dominions allwayes owe
to him, his heirs & successors, Hee, the said Late king, did by his sd
Lres patents, declare it to be his will & pleasure, that a duplicate of
all the Laws soe as aforesaid made de published, should, within -five
years after the making therof, be transmitted and delivered to the king's
•privie Council for the time being; and if anie ofthe sd Laws within
the space of six Mo's., after, (by the said king, his heirs or Successors,
or his or their privie Council!,) inconsistent with the Soveraignty or
Laull prerogative of the sd king, his Heirs de Successors, or contrarie
to the faith and allegiance due to the legall government of England
from the said Wm. penn, or the planters and Inhabitants of the said
province, and that therupon any, of the sd Laws "wer adjudged and
declared to be void by the said king, his heirs de successors, under
his or their privie seal, That then, and from thenceforth, such Laws
concerning which the sd Judgment and declaraon wer made, should
become yoid, otherwise the Law so transmitted should remain and

PROVINCIAL COUNCIL. 373
stand in full fores, according to ths trus intent & meaning therof; By
virtus of which Lsttsrs patent, & pursuant to ths powers, provisoes and
restrictions thsrin specified, divers reasonable and wholesome Laws
wer made, transmitted de presented to the said king and privis Coun
cill : And whsras, ths king and Queen that now are over England,
dec. by thsir Lres patents, under their great Seal, dated the 21a' of
Octobr, in the 4* year of their reign, Having for the reasons therin
mentioned, taken the governmt of this province and Countrie into their
owne hands, & under their Immediate care de protection, did think fitt
to constitute and appoint thes, ths sd Benjamin Fletcher, to be their
Cap'. Generall de Governo' in Cheife in and over the same, Thereby
Requiring thee among other things, to doe de execute all things in due
manner that shall belong to thy comand de the trust reposed in thee
by ths sd king & Qussn, according to such reasonable Laws de statutes
as then wer in force, or therafter should be made & agreed upon by
thee, with the advice and Consent ofthe Councill de Assemblie of this
Countris. Now, forasmuch as ths Laws of this goverm' soe mads de transmit
ted as aforesaid, Havs not been hitherto adjudged or declared, (either
by the Late king de Councill, or by his Successors, the sd king &
Queen, & their Council, under his or their privie Seal,) to be void, soe
that such of the sd Laws as wer not discontinoued or repealed by the
Legislative authoritie of this goverm' are still in force. And seeing it
hath pleased the king & Queen so tenderlie to regard the happie
goverm' and comfort, as well as protection of this province de Countrie,
as to Conserve these our Laws and Constitutions, so fittlie accommo
dated to our circumstances, with respect to tender Consciences, as well
as Commerce and Cultivation, Wee can doe no Less than with grati
tude & sinceritie acknowledge their Royall bountte and peculiar favour
therin, Earnestlte desiring that thou wold be pleased, according to the
Tenor and most favourable direction of thy commission, to govern us
de Cause the administraon of Justice within this governm' to be agreea
ble with these following Laws, which are now in force, as aforesaid,
Viz: Ths first Chapter of Laws, concerning Libertie ofConscisncc.
Ths 2d, concerning ths qualificaons of members of Assemblie.
The 3d & 4th, agt. Swearing.
The 5th de 85th, agt prophane speaking.
The 6th, against Cursing.
The 7th, against adultery.
The 8th, against Incest.
The 12th, 83d & 169th, agt drunkennes de drunkards.
The 14th, agt drinking Healths.
The 20, agt Rioters.
\ The 22d, agt Menacing of Magistrats.
The 24tb, agt assaults.
The 26th de 27th, agt rude sports, plays de games.
The 30th, agt Spreaders of false news.
The 35th, about the dayes of the weeks <fc Mo's.
32

374 MINUTES OF THE
The 37th, about pleadings in English.
The 39th, 123d & 150th,about Fees.
The 42d, 74th &, 167th, about arrests.
Ths 45th de 46th, about wills.
Ths 54th, about prisons.
Ths 56th, about the manner of punishment.
The 59th, about Taxes.
The 66th, about Summons de Court proceedings.
The 75th, agt Barretors.
The 77th, about Orphans Court.
The 80th, about 7 years quiet possession. '
The 82d, about Counterfittings hands or Sealls.
The 90th, about taking away boats or Cannoes.
The 11th, Against polygamy.
The 13th, agt such as suffer drunkennes in their houses.
The 17th, agt breaking into houses.
The 19th, agt forcible entrie.
Ths 21st, agt menacing parents.
The 23d, agt menacing M" Mrises.
Ths 25th, agt Challenging to fight.
The 28th, agt Sedition.
Ths 31st <fc 121, agt scolding.
Ths 31st, about trialls by 12 men.
Ths 41st, about dsfalcation.
Ths 43d, about vsrball contracts.
The 50th, agt defacers of Charters.
The 53d, about goalers.
The 55th, about false imprisonment.
The 58th, about free elections.
The 64th, about Libertie & propertie.
Ths 72d, ag' derogators of Judgments of Courts.
Ths 74th, about making debtors pay by Servitude.
The 79th, about acknowledging deeds in Court.
The 81st, about Countie Sealls.
The 84th, about Vending pype staves.
The 91st de 184, about fences.
The 94th, About fyring the woods.
The 96th, About Hog-stealing.
The 101st, About the house of Correction.
The 108th, About departure out of the prov.
The 114th, About buying land of ye natives.
The 119th, About binding to the peace.
The 125, Abodt assigning bills de spetialties.
The 131st, About shipwreck.
The 134th, About passes.
The 136th, About attatching & passes.
The 138th, About trucking wt servants.
The 146th, About sumons of Juries.
The 164th de 165, about robbing &, stealing.
The 166th, About appraisers.

PROVINCIAL COUNCIL. 375
The 177th, About Juries not appearing,
The 178th, About removing Land marks.
The 183d, About tannd Leather.
The 188th, About the sale of intestates' Land by the widow or
adm'. The 190th, About the dyke at New castte.
The 199th, About rangers.
The 201st, About tho registrie keept by religious societies.
The 203d, Concerning the Surveyol genera's fees.
The lOOd, About Cart wayss.
Ths 102d, About weights de msasures.
Ths 118th, Ag' murdsr.
The 120th, About fornication.
The 126th, About bills of sxchangs.
Ths 122d, About trusting mariners, <
The 134th, About soiling servants out of the province.
The 137th, About Harbouring servants.
The l57th de 180, about runaway servants.
The 144th, for Countrte produce to be Curr' pay.
The 149th, about exporting horses.
The 156th, about monthlie Courts.
, The 169th, about Licenses for ordinaries, and ag' disorders in ale
houses. The 181st, about dsbts payabls in Country produce.
The 187th, about Usury.
The 189th, About taking Land in execution for debts, dec.
The 194th, Ag' wittnesses refusing to give evidence, being sumoned.
The 200d, About dstermining debts under 40s.
All which said Laws and Chapters, & everie part yrof, Wee Hum-
blis desire that thou will be pleased to cause thy officers &, ministers to
observe and putt in due execuon, as they tender the* Honour of God, the
king's Comands, ths prospsritie of this government, and the rights and
Liberties of the free people thsrof. Signed in behalf of the House.
JOS. GROWDON, Speaker.
His Excell. M' Spcaksr, Leaverit with me. This is a tedious bussines
and all to no purpose : where are the rolls of these Laws? You have
brought me no Bill ; And I am informed that these Laws wer never
transmitted to the king, nor confirmed by him. This is now the tenth
day of your sessions, de allyou bring me is a List of titles.
M' Speaker. I doe conceive Some of our Laws wer enrolled &
presented to the king, & the king and Queen doe allow that wee have
reasonable Laws, in the Go™ Comission. v
His Excell. You have the Queen's Letter with you for a supply
towards your defence, and I doe not see that you have done anie thing
in Complyance therwith. I must begone and Lsave you, Sines I
find you havs no regard to their Maties' interest. I must give their
Maties an accompt of the truth as I find it.
M' Speaker. May it please the Go' not to be offended with me-
There might be a mistaks of ths Clarks in writting a word in the

376 MINUTES OF THE
votes the night before Last, wher the house had under consideraon
to give some Monie to the Late deputy Governo' Lloyd & to Go' Mark
ham, and the remainder to the Governo'. It was no disrespect to the
Gor. that the Governo' was Last named.
His Excell. M' Speaker, I never took notice of anie personall
abuse of that nature ; you mistake me if you think me ofthe opinion
and humor of some that have been Latelie in authoritie here, to use
ths powsr and dignitis thsir Maties have conferred upon me, above
other men, in a personall abuse. I did not taks ante notice of it,
some others that see them were pleased to doe. I come here to serve
their Maties by their Command; am Concerned to see the time goe
away and nothing done.
M' Speaker. May it please the Governo', John the Baptist came
befor Jesus Christ, and yet hee said hee was not worthie to Untye the
shoes of him that cometh after ; wee doe not think that either the Late
dsputy Go' or Livet. Go' Markham is neer so great as the Governo'.
Thou must not therfore take it amiss of us, for wee truelie honor thee,
de will take care to ans' the king & Queen's demands. Governo',
ther was a Remonstrance which wee did offer formeriie to ths Go-
vsrno', and the Governor did reject the same ; wes have mads some
alteraon de doe now offerr it.
His Excell. You are mistaken that I did reject it. I did onlie ad
vise you as yo' friend, to withdraw it, having used some scurrilous
terms, as false suggestions, dec, which might no wayes tend to yo' in
terest, but hurt when seen att Whitehall ; you may read that.
To Benj" Fletcher, Esq*., Captain Generall de Governor in Cheif
in and over the province of pennsilvania and Countrie of New
castle,, dec.
The Remonstrance of the freemen of the said province and Coun
trey, in Assembly mstt, Humbly Shswsth :
That having with all dutisfull respect read and Considered the Go
vernor's answer to our address this morning, Wee in ansr. therunto,
with submission say : Wee conceive that our desires wer not grounded
on mistakes in relation to the proprietor's absence ; But as to the other
clause mentioned by the Governo' of their maties asserting their Un
doubted right of Governing their subjects in this province, dec, Wes
with all readines and Cheerfullnes own accordinglie to be the right of
the king & Queen, whois prosperitie and happie reign wss hsartilis
dssire. And as to other reasons rendred for the superseding our proprie
tor's governancie ; Wee apprehend they are founded upon Misinforma
tions ; for the Courts of Justice wer open in all the Counties of this
governmt and Justice duely executed, from the highest crimes of Trea
son de murder to the determining the Lowsst difference about pro-
pertie, befor the date or arrivall of the Go" Comission. Neither dos
wee apprehend that the province was in danger of being Lost from
the crown, although the government was in the hands of some whois
principles are not for warrs. And wee Conceive that the present

PROVINCIAL COUNCIL. 377
governancie hath no opposition, (with respect to the king's govsrn
ment here in generall,) to our proprietarie, Wm. penn's, tho' the exer
cise of thy authoritie att present supersedes that of our said proprie
taries. Nevertheles, wee readily own thee for our Lawfull Governo',
saving to our selves and those whom wee represent, our and their just
rights de priviledges. Signed on behalf of the house.
JOS. GROWDON, Speaker.
17*b of 3d Mo., 1693. ^
His Excell. Gentl., The word (misinformation) is verie Unman
nerly: their Maties are not misinformed. I could now wish you had
offered no such thing: notwithstanding your positive assertion of mis
information in relaon to the goverm' of this place, I doe affirm that
manie and most of yo' Laws are not Consonant to the Laws of Eng
land, nor have they been dulie executed: some Criminalls have Lain
years in prison for want of execution, de manie Instances can be given.
I find the province in no Securitie. It is obvious to anie discerning
man, that Less than 500 Soulaiers may reduce it in as Little time as
they can march through it. If it should please God that their Ma
ties' forces (as I hope) have taken Martinicoe, Wee must expect that
such a great prince as the king of France will endeavour a Repri-
sall, unles wee can beat him outt of, paris. It will goe hard with
him before he putt up such an affront, and he will allwayes make his
first impression where there is Least defence. Nevertheless', I will
doe anie thing in my power for the renovation or Confirmaon of anie
Laws that are consonant to the Laws of England. I will Consider
and advise with the Councill concerning this paper of titles. • In the
meantime, I will desire you to goe on with the other affairs: I would
have you to dispatch the setting the post office ; It is a Comon good to
everie one, and will save us the charges of sending expresses to our
nighbouring provinces : also, the act ag' privateers, which none can
object against.
M' Speaker and the Representatives did withdraw.
His Excell. with advice and consent of the Councill, ordered M'
Jamison to tell the Speaker-in the House of representatives, that they
have considred what they did offerr this day in Councill Concerning
Laws. That his Excell. was readie to pass ante Laws not repug
nant to the Laws of England ; That this is the tenth day of their
sessions, and what is offered is onlie a List of titles. It cannot be
expected that his Excell. can goe blindfold to order the exucuon of
Laws that doe not appear to him ; Therfore, desires they will send
him the rolls of these Laws they have mentioned, and whether they
doe proceed upon the post-office and bill ag' privateers, or when they
doe intend to proceed.
Mr Jamison returned in ans', : That the house was adjourned for
an houre, and were gone to inquire of the M' ofthe rolls forthe Laws.
Adjourned till 3 a Clock afternoon.

so*

378 MINUTES OF THE
POST MERID.
3 a Clock afternoon, the 24*" of May, 1693.
present :
His Excellency BENJAMIN FLETCHER.'
Wm. Markham, Esq'., Lsivt. Govsrno'.
Andrew Robsson, ") Wm. Salway; T
Rob' Turner, [¦Esq'*. Wm. Clarks, {.Esq*.
Pat. Robinson, J Gso. forman. J
Ordsrsd, that M' Jamison dos dslivsr his former Last message, and
doe ask M' Speaker to return his Excell. Copie of his Comission and
bring it with him.
M' Speaker made ans', That they have examined and find but some
rolls, That Livet. Governo' Markham was Secretarie, and he hath a
book of Laws which they have much regard to, and also, that they
did believe they might find with him *the original bills ; they have
now sent soms of their House to Inquire for ym, whom they expect.
It were hard to suppose that these Laws they have acted by should
be void, for ths officers neglect in not enrolling them.
Mr. Jamison replied : That his Excell. did not blame this House for
the want ofthem rolls, nor mean to charge any person with the ne
glect att present ; but that his Excell. conceives that these Laws
might have by this time been got readie in new bills, to be offered for
his Sanction, that they may be enrolled for their use.
Mr Speaker said: He believed their Laws wer good, notwithstand
ing the officers neglect.
M' Jamison said : His Excell. did order him to enquire if they did
proceed upon the post office and Bill ag' privateers, or when they
intended to proceed.-
M' Speaker ansred': That the Bill for the post office was once read
in their house, and hee found no objection ag' it amongst the mem
bers. M' Jamison said : His Excell. does expect that M' Speaker will
send back the Copie of his Commission.
M' Speaker answered, that the Go' had asked one of the members
of the house for it formeriie, but that att the time hee had forgot to
mention it in the house: it sbould be returned.
M' Jamison said: His Excell. doth expect that I bring it along with

mee.

Mr Speaker: it shall be returned by those who shall bring up the
Laws. Edward Bleake, Samll. Carpenter, david LLoyd and John White
from the house of Representatives, came with a book of Laws to his
Excell. and Councill, and did offer it as a true Copie; That they did
beleive Livet. Governor Markham and some others of ths Councill
could inform ths Governo' that of their certain knowledge thess wer.
the Laws they had proceeded by in the governm', and desired that a

PROVINCIAL COUNCIL. 379
Comittee may be appointed to Conferr with a Comittee of the repre
sentatives concerning those Laws that wer returned in the List of ti
tles given in this day. •
His Excell. told them, Hee could take no notice of that book unless
it wer attested for a true Copie by the Go', secretarie, or Mr of the
Rolls: these scripts of paper are handed about from one to another,
and everie ons may alter them att pleasure.
W Lloyd. May it please the Go', I did see some of those Laws,'
& doe know that they wer delivered in to the privie Councill by Mr
penn ; de being no wayes disallowed, they must needs be of force.
His Excell. This is the first time I have hsard of that, nor dos I
conccivs it to be true. By the king's Lres pattents, yo' Laws are
to be made, ordained ds published under Mr penn's seal, de these con-
dions are not performed : you cannot produce me one Law sos En
acted. John White. May it please the Governo', wes are but poor men
& of inferiour dsgres, and represent the people, and wee cannot have
the boldness to say to the Go' freelie, becaus thou art soe farr abovs
us, de putts an aws upon us. Wee wold willinglie be resolved of this
point, that wee may be readie to doe the other part which perhapps
may be ended in hours & not take up dayes ; But it's hard that all our
proceedings in Courts of Judicature, dec. are grounded upon no found
ation, having no Law, then consequentlie void, de all for want of
forma His Excell. That may be easilie Salved with two lines of an act,
which I will readily pass.
M' White. May it please the Governo' to heare me speak the truth
of the matter. This is our difficultie: Wee durst not begin to pass
one bill to be enacted of our former Laws, Least by soe doeing wee
declare the rest void, &, of no force nor validitie, which will he of
dangerous consequence; and therfore, wee desire to be at some Cer-
taintte in this matter: If wee can get over it, I hope wee shall quicklie
come to a period, and tberfore desire a Committee may be appointed
to Conferr with us upon our doubts and objections.
Ordered, Wm. Markham, Esq'., Livet. Govsrno', Andrew Robe
son, patrick Robinson, Wm. Salway and Wm. Clark, Esq"., be, and
they are hereby appointed a committee of this board, to join a Comit
tee ofthe house of representatives, to Concerte of the paper contain
ing the List of titles of Laws delivered his Excell. by the Speaker this
day, and to advise what may be proper to remedie the former neglects
de remove the doubts that have arisen amongst the representatives upon
his^ Excell. ans' to the sd paper.
Ordered, that George Forman, esq', doe carrie a Copie of this order
to the house of Rspresentatives, and desire that the Speaker will ap
point a Comittee of that house to join ths Comities of th© Councill att
ths houss of Coll. Markham, at 8 a Clock morrow morning accord
inglie.

380 MINUTES OF THE
[25'h May, 1693.
Att a Meeting of the Comittee of both houses att the hous of Livet.
Governo' Markham, on Thursday the 25* of May, 1693.
present :
WM. MARKHAM, Esq'., Livet. Go'.
OF THE COUNCILL.
Andrew Robeson, ? t* „ William Salway, ) „ „
Patrick Robinson, S*,sq' William Clarke. S sq '
REPRESENTATIVES.
Joseph Growdon, David Lloyd, James Fox, '
John White, Sam11 Carpenter, , John Brinkloe,
Edward Blake, Cornelius Empson, John Swift.
Livet. Governo' Markham. Gentl., You have desired a Comittee
should be appointed to concerte with you upon some objections and
doubts arisen upon the paper Containing the List of titles of Laws,
de his Excell. answer therunto, for which reason wee are now mett.
M' Speaker. Wee have manie reasons to helieve that our Laws
are of force, but shall only mention this; That these manie years
wee have exercised the government by these Laws, & are in the
enjoyment of them ; Wee know them to be our Laws, and wee know
de can prove that Wm. penn caried the greatest bodie of them to Eng
land, & conccivs thsy wer delivered to the king, and never declared
void : and as to the rest of our Laws, the time Limited in the Letters
patents for transmitting of them is five years, which is not yet expired ;
and as to yo' objection that they are not enrolled and und' the Seal of
the proprietarie or his deputie, wee say that is not necessarie to the
making of Laws, but they are onlie Ceremonies, and you have been
active as well as wee in executing these Laws, tho without the Seal,
and therfore, wee pray they may be allowed to be of force as our
right. M' White: all the Laws that wee pretend to are 203, wherof 174
wer made while the proprietarie, Wm. penn, was here in person.
Wm. penn had sufficient power to make these Laws, and Livet. Go-
verno', You wer present att the making of ym, and if any thing wer
amiss you are concerned.
Livet. Governor. I was present att the making of them all.
M' White. All except about twelve or thirteen.
Livet. Govsrnor. I was not sscretaris all that time when the Laws
wer made, but att the making of a few of them.
M' White. Those Laws were caried home to England by Wm.
penn, and by him presented to the king, or his privie Councill, which
wee are readie to prove, and the king did not within six months declare
them to be void; Therfore, they are our Laws, and wee have had
the peaceable exercise and enjoyment of them ; and some of you that
are of the Comittee ofthe Councill have sitt upon the Bench, and
given Judgment of death, by these Laws; wee are in the posession

PROVINCIAL COUNCIL. 381
of ym de say they are good and of force. Wee desire you to prove
that they are not good.
Livet. Governo'. Wee are not to prove the negativs, you are to
provs ths affirmativs, becaus you produce none.
M' White. Wee havs our Laws here ; And wss now put it to the
Livet. Governor to say whether hee hath not the originall bills of these
Laws in keeping, as formeriie secretarie of this province. Wee are
willing to have them compared with thess bills; wss know ym to be
trus Coptes ; wee are readis to provs that thsy wsr passsd into acts.
Livst. Govsrno'. I owns that I havs ths Bills by me, and doe be
lieve that book may be a true Copie, and all which you have allsdged
may be answered in ons word, but goe on and say what you have to
say. 'Mr Loyd. That is all wee desire, if these be the Laws that wer
snactsd ; Wss cams not hsre to disputs ths forme and validitis of the
Laws by ths want of a ssal, or their not being Legallie published;
But whether these bs ths Laws or not that wer made and published,
which you confess ; Soe the matter is att an end.
Livet. Governo'. Have you ante more to offerr.
M' Spsaksr. Doe you call us in question by what authoritie wee
doe uss these Laws, whsn you havs jointiis along with us sxscuted
thsm ?
M' Lloyd. Who can bs Judge whethsr thsss Laws be in force or
not. None can be Judges but those that mads thsm, sines thsr is no
ordsr from ths king and Councill dsclarring them void ; wee desire
that they may be putt in exscuon. It wer hard that the want of the
affixing a Seal, or soms such other Ceremonie, should destroy our
Laws ; And if wee allow this att present wee must expect it for the
future, That everte nsw Govsrnor, finding fault with some omission
or another in the making or publishing of our Laws, will declare them
void, which is. of evill Consequence, and wee doe not know that ever
wee shall have more Laws.
Livst. Govsrnor. Havs you anie more to ofierr.
M' Speaker. Wee have, But this may suffice att present ; Saving
to our Selves the making farther ans' and defence when wee shall hear
what is offered ag' our Laws being in force, Which wee desire to hear.
Patrick Robinson, Esq'. Gentl., You have desired his Excell. to
Cause the officers to putt in execuon the Laws contained in this List,
and have made a Large preamble or Introduction to this desire, wher
in you have been Unfair in repeating the words of ths Charter. In
your paper you say: ["also granting unto the said Wm. penn, his de-
" putie or Livets, by virtue of the said royall charter, full, free &
" absolute power, by and with the assent of the freemen of the said
"province, to make, enact and publish any Laws whatsoever, for
" anie, and appertaining either to the publick state, peace, or saftie
"of the said Countrie, or unto ths private utilitis of particular per-
" sons, according to thsir bsst discretion."] Whereas, ths 4'h para
graph of ths Letters patents is in thess words: ["And for as much
« as wee have hereby made and ordainsd ths aforesd Wm. psnn, his

382 MINUTES OF THE
" Heirs and Assigns, the true and absolute proprietors of all the
" Lands & dominions aforesaid; know yee therfore, that wee, reposing
" speeiall trust & confidence in the fidelitie, wisdom, justice and pro-
" vident circumspection of the said Wm. penn, for us, our heirs and
" Successors, doe grant free, full and absolute power, by virtue of these
" presents, to him de his heirs, to his and their deputies and Livets,
" for the good de happie governmsnt .of ths said Countrie, to ordain,
" make & enact, de under his and their Sealls to publish anie Laws
" whatsoever for the raising of Monie for the publick uses of the said
" province, or for ante othsr snds appsrtaining sither unto' ths publick
" state or safety."] Where it is plain that your Laws ought' to be pub
lished under some seal, either of Wm. penn, or of his deputie or Livet.,
which is ths defect you now lye under, and wold Conceale. None of
those Laws (you dssire may be putt in execuon) wer ever SOE pub
lished, nor are to be anie where seen or found, nor is there anie stand
ard of such Laws to be produced to his Excell. for his approbation.
You have books of Laws, & so have I, but they are not attested by
any officer for true Copies, and there are not any originall rolls under
seal to compare them with, Which is manifest to you all. You doe
Likewise alledge that the greatest bodie of Laws wer transmitted &
presented to the Councill by M' penn, which is a doubt. But if they
wer, it will signifie nothing ; for as they are to bs published under
seal, so also wsr they to be transmitted under seal : paragraph 7*:
[" Our further will and pleasure is, that a transcript or duplicate of all
" Laws which shall be Soe as aforesaid made and published within
" this province, shall, within five years after ths making therof, be
" transmitted de delivered to the privie Councill for the time being, of
"us, our heirs and Successors; and if anie of the sd Laws within
" ths spans of six mo's after that they shall be soe transmitted de de-
" livered, &c"] (Soe transmitted) is under seal Soe as published, and
if never published under seal, consequentlie never soe transmitted.
You must not think to claim that of right wch is meer grace.
Their Maties are tender of their Honour and interest in forreign
plantaons, and take care to prevent their alienaon from ths Crown, by
appointing such msthods of governm' in their Letters pattents as may
bs most for thsir preservation, which they sxpect shall be punctuallie
observed. The Seal is the soule and Life of ths Laws, as you find
by ths charter, and was never affixed to them, or ante of them. Wee
are readie to hear you offerr ante thing to ths contrarie. Also, by
your own confession, manie of your Laws are not transmitted, and
manie or most of them dissonant to the Laws of England ; wheras,
his Excell. is commanded to pass such Laws as are as neer as can be,
agreeable to the Laws of England.
M' Speaker. It is not an injunction to affix the seal, but a Leave
of a thing given to Go' penn, as a mark of favour, which hes^nay
uss if hs plsass, but thsrs is no obligaon to uss the seal. It is onlie
a Ceremonie; and so sayes over again what hee said before.
Leivt. Govsrno'. M' Speaker, nsithsr doss the king enjoin the
making of Laws when hes gives the power of making them, But when

PROVINCIAL COUNCIL. 383
^his power is exsrtsd by you, It ought to bs done in the manner the
' king directs, bscaus you have not powsr to make ym otherwiss.
. M' Lloyd and M' Whits repeat their former arguments, and alledge
that the sealing is not materiall to the making of a Law, but the con
sent of the Governo', Councill & assembly.
M1 Andrew Robinson. The agreement of the Governo', Councill,
and people, to the passing of a Law, is but like a deed drawn by
articles of agreem', which is no deed untill it be seated and dslivsred,
tho attested by the parties' hand.
M' White acknowledged there may be defect in the officers, one or
other, but we cannot tell but they may be enrolled and seated some-
whei e or other ; perhapps they may. Wee know these are our Laws,
and wee have executed them, and it will runn us all into confusion,
de all our acts of goverm' and proceedings in Courts of Judicature
must be condemned, if wee allow the Laws are not of force and in
being. M' pat. Robinson, de non apparentibus et non existentibus eadem
est ratu.
Sam" Carpenter. If now they are our Laws I will stand by them.
I bad rather Loose all I have in the world than part with our Laws.
M' White. It does not appear that the Laws were to be made un
der the seal, onlie to be published under the seal ; therfore, they were
made by a good authoritie, and if any thing be wanting it is not our
fault who made them, de we ought not to sufferr by the neglect. The
fault may bs remedied.
M' Loyd. I am surprized the members of Councill, who have
a joint interest with us in the province, and have acted by these Laws
and satt in Courts of Judicature, should speak ag' their validitie-. Our
priviledges are yours.
Andrew Robeson, Esq'., Chiefe Justice. Gentl., wee are well satis
fied it is so, de heartilie wish ths prosperitie of the province in everie
respect ; But it is all our duties to know the strength and Validitie of
our Laws, that the ministers of Justice may be satisfied ofthe validi
tie of their Laws, and that they proceed upon good grounds; and also,
that the people may be satisfied of the Justice executed, and what they
must expect if they transgress.
M' pat. Robinson. Gentl., His Excell the Governor has a tender
regard to this province de the peace of the people therin ; But you
must Likewise'consider that hee must be tender of the prerogative of
the Crown. Hee hath come hither by their mattes' comands, not of
his owne seeking. I am verie well assured that notwithstanding all
this wee have heard in this meeting, His Excell. will goe as farr as
may be to serve the province in bringing all to rights. His Excell.
cannot agree to the execuon of any Law that is repugnant to the Law
of England, therfore I wold advise you to Looke over again that List
of Laws, and consider with yourselves what may be for your owne
psacs and benefit: I am pretty well satisfied you may order the List so
as that his Excell. will agree that the Laws therin contained shall be

384 MINUTES OF THE
executed by the officers in the government, untill his excell. shall re-
ceive ordsrs from thsir mattes concerning the same. But this I must
tell you, that you must not think to offsrr that Law concerning wrecks,
for his excsll. has a particular Comission for Vice admirall, which
reaches this province and the three Lower Counties.
M' Speaker. We are well satisfied to doe this; wse matter not
ths Law of wrecks; Believe that will make no rubb. Wee desire
you will be pleassd to request this ofthe Governo'.

[25° May, 1693.
Att a Councill Held att Philadelphia on a Thursday the 25* of May
1693, Afternoon. present :
His. Excell. BENJAMIN FLETCHER, dsc.
Wm Markham, Esq'., Livet. Governo'.
Andrew Robeson, "1 William Sallaway, ")
Robert Turner, lEsq1*. William Clarke, VEsq*".
Patrick Robinson. J George Forman. j
The Comittee of ths Councill dos return, That the representatives
appointed a Comittee to join thsm this day to read ovsr ths List of
Laws, and to offsrr such of thsm as thsy think convenient to his Excell.
to order ym to be executed by the officers of the govsrnment untill
their Maties pleasure should be further known ; which, if his Excell.
will promise to grant, they will then proceed withall expedion to the
other bussines.
The Councill are^ of opinion and doe adviss his Excsll. to grant
their desire.
His Excell. did send to the house of representatives to acquaint
them that. he was readie to grant that some Laws should be executed,
Untill their Maties pleasure should be known, and to desire them to
proceed upon the other affairs befor them wtout loss of time.

[26* May, 1693.
Att a Councill Held att Philadelphia on Friday the 26* of May,
1693. present:
His Excsll. BENJAMIN FLETCHER, dsc.
Andrew Robeson, ") T „ . „
Robert Turner, [.Esq-. Lawrence Cock, > _
Pat. Robinson, J Geo. forman. $ 1
His Excell. did send for Livet. Go' Markham, and understanding

PROVINCIAL COUNCIL. 385
him to be indisposed to coms abroad by the gout, & desirous to have
a full board, did adjourns to his houss.
Att the House ofthe Livet. Governo'.
His Excell. did offerr that hee understood there was something in
articles ag' Thomas Loyd appearing in the Minute book of assembly,
1689, wherin he is charged with defaults in the administration of
Justice, Which may serve if there be occasion, to defeat their allega
tion that Justice was dulis sxscuted, and, ordered the perusall of the
book. Ordered also, the Councill doe resolve into a Comittee this after
noon, to Consider of an answer to the Remonstrance ofthe represen
tatives, which they are desired to putt in writting & return to his
excell. und' their hands, for his better informaon, being a stranger in
ths Countrie.

POST MERID.
3 A. Clock afternoon, ths 26* of May, 1693.
Andrew Robeson, ~1 „7 a , *1
Robert Turner, L „ ^m. ^^ 1 n
Pat. Robinson fEs* ' Wm. Clarke, ^Esq".
Lawrence Cocke, j Geo. forman. j
The Committe having drawen up their answer to the remonstrance,
doe sign it, and afterwards present it to his Excell.
The Couneill's answer to the representatives' remonstrance, philad.
the 26* of May, 1693.
Wheras, the Governor hath been pleased to appoint us a Comittee
of the Councill to give our opinion of the remonstrance delivered to
him by the assemblie, Wee having mett de considred the same, doe
with submission deliver our sense, That wheras the assemblie doe
say : That they " conceive that their desires wer not grounded on mis-
" takes in relation to the proprietor's absence. Wee conceive it was Be-
" caus they doe earnestlie beseech that their proceedings in Legislation
" may be according to the usuall methods and Laws of this governm',
" founded upon the Late king's Lres patents, desiring the same may
" be confirmed unto them as their rights and Liberties ;" The which
themselves have overthrown de declined, by their choosing repre
sentatives to serve in assemblie according to the Governor's writts,
founded on their Mattes' Letters patents, befor they did ever assert
or insist on their former methods or frame of government. And
'wheras, they say "that they " doe w' all readines and cheerfullnes
"owne accordingly to be the right of the king and Queen." But
they do not mention king Wm. de Queen Mary, which wee conceive
to be a great Omission, if not a slight putt upon ym. And wheras,
they say that they "apprehend the reasons for the Superseding the
" proprietor's governancie are founded on misinformations, for that the
' Courts of Justice wer open in all the Counties of this goverm', de
33

386 MINUTES OF THE
" Justice dulie Executed." , Wee doe say that wes can instance in se-
verall particulars where justice was delayed, if not denyed, & therfor
not duly executed. And wheras, they say, that they "doe not appre
hend that the province was in danger of being lost from the Crown."
To which we ans', That wee doe not know of anie care that was
taken for the defence therof. Andrew Robeson, William Salway,
Rob' Turner, George forman,
Wm. Clarke, pat. Robinson,
Lasse Cock.

[27* May, 1693. ¦'
Att a Councill Held' att Philadelphia on a Saturuday the 27* of
May, 1693. present :
His Excell. BENJAMIN FLETCHER, dec.
Andrew Robeson, ) Wm. Salway, "J
Rob' Turner, \ Esq". Wm. Clarke, I Esq".
Lawrence Cock, J Geo. forman, J
His Excell. sent M' Jamison to know if the representatives have
made anie thing readie for the perusall of the Councill, to save time.
M' Jamison returned that the house were not mett ; that some ofthe
representatives there told him they wer copying out such Laws as
they wer to offerr to his excell. ; that they had imployed three Clarks,
but that they beleived it Impossible they wold offerr any thing this'
day ; & that they were also proceeding upon other matters.
Adjourned till Moonday morning, 8 a Clock.

[29*h May, 1693.
Att a Councill Held att Philadelphia on Moonday the 29'h of May,
1693, Afternoone.
His Excell. gave the board to understand that in the forenoon hee
had sent to the house of representatives about eleven a clock, and
there was no assemblie mett; that the Speaker is now come to towne
and the assembly sitting, desiring the advice of the board If it may
be proper to send for the speaker de reprimand him for going out of
towne w'tout leave, or to send to him and urge their dispatch. The
Councill doe advise his Excell. to send to urge their dispatch.
Ordered, M' Jamison doe wait upon the House of representatives,
and tell the Speaker that his Excell. and Councill did attend on Satu
ruday Last, and sent a Message to them and they wer nott mett ; In
Like manner this forenoone, and they were not mett, The Speaker and
Sundrie representatives being outt of town : That it is neither war
rantable nor answerable for the members of assembly to goe outt of

PROVINCIAL COUNCIL. 387
towne without the Leave of the House, nor for the speaker without
his Exc'ell's Leave, during their 'Sessions ; That his Excell. must be
gone to morrow : That if anie thing extraordinarie shall happen in
the fronteers during his Excell's absence, they must think to answer
for their delayes ; and to desire to know if they will have anie thing
to offerr this night.
The Speaker did return in answer, that the house was adjourned on
Saturuday to ten a clock this day ; That his house was not farr outt of
towne; that against ten a clock hee did return & was in towne ; That
they wer putt upon new measures, the provinciall Councill having
formeriie prepared bills ; That they were unskilled in the methods :
They were busie, and hoped they wold have something to offerr this
evening, att Least they wold send word how farr they were proceeded.
Adjourned till 8 a clock morrow morning.

[30* May, 1693. „
Att a Councill Held att Philadelphia the 30,h day of May, 1693.
PRESENT :
His Excell. BENJAMIN FLETCHER, &c.
Andrew Robeson,"! ^,r „ , "1
Two of the Representatives did present 13 bills not signed by the
Speaker, nor anie wayes relating to the Queen's demands and his
Excell. desire, which wer read.
Adjourned till 3 a Clock afternoon.

[post merid. POST MERIDIEM.
PRESENT :
His Excell. BENJAMIN FLETCHER, dec.
Andrew Robeson,"! ,„.„. ~ ,
Robert Turner, ' „ 5™" r, T7'
Pat. Robinson, fEs1 ' William Clark*
Lawrence Cock, J GeorSe Forman-
Ordered, that Pat. Robinson de George Forman, Esq'., doe signifie
to the House of representatives that his Excell. is surprized to find
13 bills returned & none of them answering their Maties' demands,
nor hath his Excell. seen one vote or minute of assembly concerning
ante of them. None of them are signed nor passed the house in ante
forme, Soe that nothing is done but an expence of time; That they
desire thsm to dispatch their Maties' affairs, which sufferr much by his

388 MINUTES OF THE
Excell's absence, being severall times called back to the fronteers since
his coming hither, and must be gone to morrow.
Pat. Robinson & George Forman, Esq"., did bring answer from
the speaker, that they wer making haste ; had not mispent time ; wer
putt upon new & unusuall methods, de desired the Governor's excuse:
that the monie bill was almost readie.
Adjourned till morrow 8 a clock morning.

[31s* May, 1693,
Att a Councill Held att Philadelphia the 31"' May, 1693.
PRESENT :
His Excell. BENJAMIN FLETCHER, &c.
AndrewRobeson,-} William Clarke, \„ .
Robert Turner, lEsq". Geof p ^ WEsq"-
Lawrence Cock, J J
John White and Edward Blake, from the representatives, brought
up the former 13 bills, signed by the Speaker.
His Excell. told them that their house had not treated him well ;
That they had not sent the votes of their House these two nights
by past ; That he hath not found in anie of their votes the Least men
tion of these bills they have surprized him withall, and desired their
dispatoh of their Maties affairs.
John White repeated the former excuses for their delay, and told
his Excell. that there were revolutions in governmsnt of Lats, and tho'
thsy wsrs conscious of no guilt, yet it wold be Convenisnt to pass an
act of oblivion.
His Excell. replyed, That he was sensible of a great manie ne
glects and abuses that wanted reformaon, particularlie their Laws not
published under Seal nor enrolled : That hee had offered to sett them
to rights, and to grant ym anie thing which might be consistent with
the laws of England and their Maties Letters patents, but they have
slighted his offerr, and had the boldnes to justifie ymsslvss in everis
thing. Ordsred ths reading of ths thirteen bills. The 13 bills being three
times read, Ordered that pat. Robinson, Esq', doe acquaint the House
of representatives that these bills are read over, & his Excell. expects
what they furder intend to offerr.
James Fox de Cornelius Empson, from the hous of representatives,
brought up 1 8 bills Signed by the Speaker, amongst which a bill for
erecting a post office and a bill against privateers.
Ordered the reading ofthe said Bills. The Governor and Councill
doe assent to twentie bills without amendment; five with amendments,
and Six wer Laid aside.
Adjourned till' 3 a Clock afternoone.

PROVINCIAL COUNCIL. 399
POST MERID.
Att a Councill Held att Philadelphia the 31* of May, 1693, post
meridiem. fkesext:
His ExcelL BENJAMIN FLETCHER, &c
Andrew Robeson,"! WIT <?al "
Lawrence Cock, j Geor^ Fonnan- _
John White, david Loyd, Sam1 Carpenter and Edward Blake, from
the house of representatives bring in and offerr the Bill ofsnpplie for
the government, which they say is read two times in their house, But
not passed, and desires to know what is become ofthe other bills they
have srat up ; whether they are passed or not, or what amendments
are made, dec
His Excell. GentL, This is no bill. I will not Look upon it untill
it be passed y* house & signed by the Speaker. I have sent you word
foriaeilie that the speaker was to cause be wrote under each bill :
" This bill being three times read, is assented unto by the House of
** representatives and ordered to be transmitted to the Governo' and
** C ouncfll for their assent thereunto ; and then signed by order of the
-' house: his name." But this you will not follow becaus bid to doe it.
Mr. White. May it please the Governor not to take it amiss that
the representatives are desirous to know what is become of the other
bills, ere they proceed to the passing of it; They Judge it the practice
of the Comons of England and their right, therfore pray Gverno'
excuse it and peruse the bill.
His Excell. Gentl., If you did design to Compliment me with
the sight of this Bill before it was passed yo" house, you might have fol
lowed other measures. I can take no notice of it here untill it come
signed by the Speaker & past the house. I will not Looke upon it.
MT LLoyd. To be plain with the Governo", here is the Monie bill,
and the house will not pass it untill they know what is become ofthe
other bills that are sent up.
M* White. May it please the Governo', The house doe not know
bat those bills the Governo' may see Cause to Lay aside may be the
bills they putt the greatest value upon, therfore pray thee to excuse
it, and Condescend to them in that thing.
His ExcelL Gentl., You have not dealt fo ; rife by me ; you have no
Candor ; you have sitt these fifteen dayes & nothing done : no vote
mentioning those Laws ever came to my hand untill you surprize me
with 13 bills; <fc again more, some of which are directtie oppositt to
their Maties Lres patents. I came not here to make bargains nor ex
pose the king's honour. I will never grant ante such for all the monie
in your Countrie. You have had her Maties Letter before you, and
Let the house Consider what they are doing : I must be accomptable
att Whitehall for everie thing that is transacted here in this assembly.
'33*

390 MINUTES OF THE
I shall be sorrie if I can be able to give you no better character; and
in short, you must expect to be annexed to New yorke or Maryland.
I will not Look upon ths Bill untill it will bs thres timss read & signed
by the Speaker.
The Representatives did throw downanother bill upon the table
and withdrew.
The Bill Last delivred is Concsrning ths estate of persons de-
ceased,- and not signed by the Speaker.
His Excells Ordered M' Robinson to Carte the same Back to the
house, and tell them that his excell. hath passed" a bill ag' abusing
Magistrats this day in Councill ; that they sufficientlie abuse his
Excell. in sending up such scripts of paper without being signed, de
that they must not expect that hee will take anie notice of such.
His Excell. sent M' Robinson and M' forman to inquire if the house
of representatives had ante more bills to. offerr ; Who in ans' said,
the house wer in debate whether they should send anie more bills for
assent Untijl they heard 'that the other former bills were passed.
His Excell. after Long expectation, did desire the advice of the
board whether hee should' not dissolve the assemblie, having had no
regard to their Majesties demands for assisting New yorke.
His Excell. ordered pat. Robinson & Geo. Forman, Esq", to wait
upon the house of Representatives and demand of them whether they
have complied with their Maties demands for assisting New york;
whether they Had considred of a Quota of men or monie, or both,
and that they return ah ans' in writting, Signed By the speaker.
His Excell. gave them the Queen's Letter, of which the Represen
tatives had' formeriie a copie, that they might see it.
They brought in ans? that shortlie they wold bring an ansr'in writ
ting. "
His Excell. did demand of the Councill If they have observed him
to take wrong measures to disoblige the representatives and make the
inhabitants uneasie since hee came amongst them, and prayed them
to use their freedom of speech.
The Members of Councill did Return, That they wer admirers of
his Excell. patience, and wer wittnesses that hee hath taken all the
stepps of Condescention Imaginable to gain them, and that they wer
afraid the Countrie will bs att Last Sufferers through their means.
His Excell. gave the board to understand that hee hath sent severall
messages to the Representatives they have done nothing to answer
the Queen's Lett'. They have adjourned ymselves twice this day,
and it is now three Hours since the Last message was sent to them ;
Therfore, asks the advice of the board to send. for them and dissolve
them. Andrew Robeson Esq1, made answer, That hee was ashamed of
their behaveour to his Excell. after all that Condescention and patience
his Excell. hath showen to them : being putt to the vote, It is the opini
on of the Councill (onlieM' Salway excepted) that His Excell.. have

PROVINCIAL COUNCIL. 391
patience till morrow morning, and that if they give not satisfactorie
ansr to the Queen's Letter by 8 a Clock to-morrow morning, then to
dissolve the present assembly.
Adjourned till 5 a Clock morrow morning.

[1st June, 1693.
Att an Assembly Held att Philadelphia the first day of June, 1693,
5 a clock Morning. present:
His Excell. BENJAMIN FLETCHER, &c.
Andrew Robeson,"! w 0 i
Robert Turner, [ W^ Clark?
Pat. Robinson, f1^' Ge F ™an"'
Lawrence Cock, J °* '
The Councill Having sitt two hours, Ordered that Pat. Robinson-,
Esq', doe wait upon the House* of Representatives, and demand of
them an ans' to that message concerning the Queen's Lett', according
to promise Last night, in writting, de whether they have anie further
Bills to offerr.
John White and Edward Blake from the Representatives brought
a Roll of Laws, annexedto a petition of right, which Laws the assem
blie doe petition may be ordered to be putt in execuon by the officers
in the government, de a bill giving one pennie in the pound to yr
Mattes'. His Excsll. did say : Gsntl., you have not dealt kindlie by mee. I
suppose becaus you doe not know mee. However, I shall cause this
Bill to bs read, de then ssnd to the speaker- and tile wliole house. I
suppose I shall give them satisfaction. This might have been done
five dayes agoe.
M' White. May it please the Governo' not to take ¦ it amiss from
anie particular member of the house; for as wee differm face, so also
in mind ; It was not delayed througK anie disrespect to- the Governo'
but that it doth take up some time to bring men's thoughts and tempers
to agree. I Hope the Governo' will' part with us in Love.
His Excell. You may tell the house that T shall send' for them so
soon as have perused the bill.
The Bill ofthe pennie in the pound read three times. Ordered pat.
Robinson, Esq', doe call the speaker and Assembly.
The Speaker and assembly present.
His Excell. said: M' Speaker and you gentl., The- representatives
ofy6 province,.Thers is ons billthatyou havs passed giving the pennie
in the pound to their- Maties, for which I am obliged to thank youi
It wold require severall amendments, but I am. in haist.. I could;
wish you had given, that monie,. as you. call it,.- for support of the-

392 MINUTES OF THE
government of the province, by another name ; It would a been more
suteable de. pleasing if you had taken some notice in the bill of the
Queen's Letter; But I shall not insist, and as for that part yrof which
you design for mee, I shall putt it to that use which their Maties shall
require mee.
Gentl., There are Bills which are passed in Councill without amend
ment and approved : there are some five or six more that will want
amendments, as that of marriages. The Councill are of opinion,
witK some of yo' house, that it is hard to oblige persons of religious so
cieties different from the Quakers, should be tyed up to their measures.
Bridges. There is a word Left outt, perhapps, by the Clark's
mistake, which is the penaltie for not working. The Councill have
putt in twsntte Shillings for a dayss nsglsct : I belteve you will agree
to it. I believe it wer not amiss it wer 40 shillings.
' Criminail offences. There is wanting in this Bill the Crime
of Burglarie, which you may have easilies added.
Cask. In ths assize of Cask, It wer proper to take Notice of the
oil Cask ; fishing with the people of New york is much improved de
oil makes a good return. I hope you will consider the improvement
of it amongst you ; also, I understand there is something done towards
that trads of oil; therfore, it cannot hurt to regulate the oil Cask.
Recording of deeds. I wold have the preamble Left outt; It's no
part of the Law nor adds nothing to it.
There are severall other Laws which I could wish there wer time
to consider of ym, but I doubt they will occasion so much debate as
will mdke expence of time. There is that ag' debacherte in officers ;
I am willing to pass anie Law ag' bebauchrie you can propose ; but
there are Laws alreadie ag' those Crimes, and if they be putt in exe-
cution will not serve.
M' Speaker. May it please the Governo', Wee know there are
penalties upon such offences ; But wee wold willinglie see that the
highest places in governm' "should be supplied with officers of most
virtuous & exemplarie Life.
His Excell. And I also; But it is hard for a false step, in drinking
a cup perhapps too much, a man should be deprived of his birthright,
which is that hee be uncapable to elsct or be elected ; this is too
severe. It is the free Holders birthright as much as his name. I
will give you Leave to banish mee outt of the governm' when you.
shall find me drunk. But M' Speaker, there are manie other crimes,
as fornication, which a man may happen to be guiltie of as well as ,
drunkennes; why is not that in amongst the rest. I cannot take
away the Subjscts birthright. But if you will pass a Law for either
Mulct or Corporall punishment upon such offences in Officers, I shalt
be readie to pass it. I belteve if-this bill You have proposed wer applied
to this present assemblie in the strietnss of it, Wee should have but a
thin House. There are but few men in the world but one time or
other may be convicted of Some of these Crimes.
Yearlie delegates. This is directlie oppositt to their Maties Lres
patents. I will engage that white I am in the goverm' I will call an

PROVINCIAL COUNCIL. 393
assemblie together once a year ; But the king's affairs will not Suffer
me to be allwayes here att a certain time. Besids, It is their Maties
prerogative to call assemblies as often as they see meet, and this they
have given unto me ; I cannot part with it ; besids, where is the hurt, if
a good assemblie should be continoued by adjournment from one year
to another. I Love to have Honest men upon my side, and for the
rest I doe not care where they be.
Sallaries to the Assemblie. Gentl., It is well, but you must also
have under consideraon the Livet. Governor and the Councill. If it
wer once come so farr as to have a Revenue established within this
province upon their Maties to defray the necessarie charge of the go
verm', I wold show you which way it should be made use of for Sup
port of the officers.
Therfore, att present I wold have you take the Livet. Governor and
Councill und' your Consideraon, as well as the representatives.
Ferrys, If I am well informed, are a Royaltie, and are granted to
the proprieto'. It seems strange to me that you should incline* to take
away anie thing from the proprietor, who is yo' friend. It is but his
right, and I cannot take it from him. I cannot pass this bill.
pirates and privateers. The Bill which I sent you was origin
ally drawen up att Whitehall. I cannot pass it as you have altered it.
There is other Laws to punish privateers, de I am Vice admirall as
well as Governo' here. Since you did not pass it in form I shall not
insist. I remember some of you said it was too Sanguinarie ; It can
doe you but Little good or harme.
And for Choosing of officers, It is a thing the king hath Lodged in
me to appoint officers ; therfore, you must not expect it. To this
and the othsr concerning delegates, I must give you a positive answer.
I cannot pass thenu
M' Speaker desired the amendments, and was told they wer en
dorsed on the bills, thsn w'drew.
His Excsll. did sign ths othsr Bills that wsr passsd ths Councill>
and an ord' und' ths List of Laws de petition that all Justices, She
riffs, Constables de. other officers in the province of pennsilvania and
Countrie of New Castle, should execute, or cause the same to bs Exe
cuted, untill their Maties pleasure should be further known.
Ordered, Pat. Robinson, Esq', doe carte down the signed roll, and
show his Excell. Signature therunto, and desire them to return the
Monte bill ; which was done accordinglie.
His Excell. ordered Wm. Salway, Esq', to enquire of the repre
sentatives if they were desirous to be adjourned, prorogued or di&-
solved. Who returned that they wold consider of answer.
Adjourned till 2 a clock afternoone.

394 MINUTES OF, THE
, POST MERID.
Post Meridian), preesentibus ysdem qui ante.
Edward Blake brought up Nine bills amended as the Governo' and
Councill did propose, which his Excell. did pass ; and that the assem-
blis could not consent to the amendment of ths Bills for allowance to
representatives, nor that of appealls, since they cannot allow Burglarie-
to be a capitall crime.
Edward Blaks brought the bill of appealls, with the crime of Buri
glarie, allowed by the representatives, Which being three times read
was assented unto by the Govsrno' ds Councill.
His Excell. bid him tell {he representatives that hee was readie to
pass the bill for allowance to the representatives, But the Councill de
clare their opinion ag' it, unles provision be made for the members of
Councill, which is best done by establishing a revenue for support of
the govsrnment.
His Excell. desires that the speaker and representatives doe attend
him forthwith, being readie to goe on board.
M' Speaker and the assemble wer admitted. Then His Excell. said:
M' Speaker and you gentl., you may be perhapps mistaken or not
well acquainted with the Nature of passing bills in generall assemblie;
You have had the Copie of my Comission, de you will find it there,
that they are to be enacted by mee, by de with the advics de consent of
the Councill dc assemblie, or representatives, Soe that it is not in my
power to pass anie bills that come from your House, if I wer never so
willing, w'out the advice and consent of the Councill, tho' as they say
in England, I have in myself the power to damn them, which is the Ne
gative voice. I am verie willing to pass this bill for an allowance of
Six shillings per diem to each representative, and Nine shillings to the
Speaker; But I find a nemine Contradicente in thsGouncill for Lay
ing it aside. They doe altedge that your preamble to that Bill is verie
fair and plausible, (to witt, the support of the Governm',) but then you
must not seem therby to take the government whollte into yo' owne
hands, as if the Livet. Governo' and the members of Council! had no
share yrin. They are Satisfied that ther is some thing due to you for
yo* service, but it is also true that the members of Councill have a
share in the government, and are in the Nature of the uppsr house,
and there is no provision for them; you must not then take it ill att
my hand, for I doe declare to you, Gentl., that if the members of
Councill will Consent to it now, I will this moment pass it as it is.
M' Speaker. May it please the Governo', I knew not what thou
yvoldst "say to mee, therfore am not prepared to ans'. But this I will
venture to say of my self, and beleive it is the opinion of the house,
That wee may give ths Councill ths Character of great injustice to us.
I doe not blame thee.
His Bxcell. It is not my fault; I am readie to signe it, and think it
a verie reasonable allowance.
M' Speaker. Governor, wee have just now paid twelve pounds
odd monie outt of our owne pocketts for house rent, Clark's fees, and
doore keeper, & for my owne part, I have served the Countrie these

PROVINCIAL COUNCIL. 395
severall years, and never had one farthing; But since it is soe, wee
will not insist upon it. I wish that upon the Like occasion for ths fu
ture, the Governo' may be assisted with Councillors of more justice,
and an assemblie of more witt.
His Excell. I am a stranger; I have put no stranger over you. I
have had those gentl. recommended to me, and have found ym all
wise, Carsfull, de diligent to forward their Maties' Service during my
abode. It is my rule to beteive well of everie man Untill I find the
Contrary; yourjsalousiss havs been a great hindsrancs to thsir Ma
ties' affairs in this assemblie. This bussines might have been done 8
dayes agone : ,But I attribute it to this, That you doe not know me. I
could wish you • had made provision for all the officers ofthe go
vernm"; If you had, I was allwayes readie to pass it. I see one vote
of the house to that purpose, but heard no more of it.
Mr Speaker. Governo', True wee did in the beginning. Wee had
severall debates upon it, but it could not pass the house; It was ever
much opposed.
His Excell. What harme wer it, or who could sufferr by it, if
something wer laid upon wine, brandie, beer and Syder. No person
is obliged>to drink, & they y' will dipp a Little more than ordinarie,
will never feellthe paym' of it, nor drink the Less, lt wer a better
way than to Levis monie by distres, which takes a sum out of poor
sober people's hands att once. I doubt not but an excise upon strong
Liquors, with the addition of some things els, wold raise a Considsr-
able sum of monie yearlie for ths support of the Livet. Governor and
Councill, & other officers.
Gentl., These Councillors will not allwayes be in place. It may be
probablie yo' owne turns to Serve verie shortlie. If ones you wold
establish a revenue upon their Mattes for the support ofthe governm '
as it is in all places, I should quicklie give you an accompt how it
should be distributed. It hath cost mee neer 2001b. the time I have
been amongst you ; there is my servants, horses de my table, which
I have keept for these gentl. y' came along w' me : and for you Mr
Speaker, de the gentl. ofthe assembly, if att all times three or foure of
you could have come, my door was never shutt, and I told y^u allwayes
soe ; but there was such jealousies and fears amongst some of you in
this place, that it was avoided as if it wer treason for the speaker or
anie other .representative to be seen in my Companie during yo' Ses
sions.. My temper has been allwayes otherwise. I ever Loved free-
dome, and it is no argument of Love and affection where jealousie
doth so predominate; It is not my fault; I hope wee shall be better
acquainted in time. Gentl., I did desire to know of you whether you
desire to be adjourned, prorogued or dissolved.
W Speaker. Governor, wee desire to be dissolved ; wee doe thank
thee for thy care and kiridnes to us.
His Excell. Gentl., I will order the secrie to enroll those Laws that
I have passed upon parchment, and affix a Seal to ym, and they shall
remain in his office, to be a standard of yo' Laws, to which you may
recurr upon all occasions. I have Likewise ordered that the monie

396 MINUTES OF THE
bill shall bs first enrolled, Which I dos for yo' sakes ; And trulie, I
could wish you had taken notice of the Queen's Lett' yrin; It wold
have been better received by their Maties. And since you desire to
be dissolved, I Have dissolved you, And you are hereby dissolved
from the assembly, Soe gentl., I wish you all well to yo' homes. Wee
thank thes Govsrno and dsparted.
The snd ths first Sessions of Councill and Assembly.

[2d Janry, 1693-4.
Att a Councill held att philad. 2d Janry, 1693-4.
PRESENT :
WM. MARKHAM, Esq' Lsivt. Govsrno'.
Rob' Turner, 7 E _
Wm. Salway, 5 ' ^at* Robinson, Secrie.
No business offering, the Councill was dismist.

[9* Janry, 1693-4.
Att a Councill Held att Philadelphia the 9*b of January, 1693-4.
present:
WM. MARKHAM, Esq'. Leivt. Governo'.
Wm Salway, \ „ _
Robert Turner, $ ^ ' Pat. Robinson, Secry.
The Leivt. Governo' being Informed that some persons had been
brought before some ofthe Justices of thepeace for Robbing de steal
ing, which Crimes^by the 104th & 105'hLaws of this province, wer
formeriie punisht with restituon de 21 strypes, And which two Laws
wer designed by the Last assemblie to havs been Continoued in force
in their petion of right to his excellie, and tho' these two Laws be in
the minuts ofthe Councill, de also in the assemblie book, amongst the
List of those Laws presented to his Excellte de Councill to be Con
tinoued, yet they wer through haste emitted to be putt by the assemblie
in the roll of Laws by ym requested to be continoued, By reason qrof,
the Justices are doubtfull how to proceed in the punishment of such
Criminalls. It was resolved, That his Excellie bs Humblie requested to give his
dsterminaon in this matter.

PROVINCIAL COUNCIL. 397
[le** Janry, 1693-4.
Att a Councill Held att Philadelphia the lfi'^of Janry, 1693-4.
present :
WM. MARKHAM, Esq'. Leivt. Governo'.
Robert Turner, Esq'. Pat. Robinson, secry.
No bussines presenting, the Councill was dismist.

[23d Janry, 1693-4.
Att a Councill Held att Philadelphia the 23d January, 1693-4.
PRESENT I
WM. MARKHAM, Esq'., Leivt. Governo'.
Robert Turner, Esq'., pat. Robinson, Secry.
The Leivt. Governo' signified to the Councill, That hee had a
Lett* from his Excellte, Containing a matter of moment, which wold
require a full Councill; did therfor acquaint the members present not
to faill to be here the 30th instant; and ordered the Secrie to write to
Jn° Cann ds George fqrman, Esq™., to be then also present, which
the secrie accordinglie did.

r30*h Janry, 1693-4.
Att a Councill Held att Philadelphia the SO" of January, 1693-4.
PRESENT :
WM. MARKHAM, Esq'., Leiv* Governo'. .
Rob' Turner, -| Geo. Forman, Esq'.
ScsyctkT' .H P*t.Kobinson,Secqry
The Leiv' Governo' acquainted the Councill that hee had sent for
Jn° Cann, Esq'., the 22d instant ; That the Secrie had writ to him
from Geo. forman, Esq', his house, to be present att a full Councill
this day to advise about a matter of moment. Mr Cann not having come,
The Livet. read a part of his Excellie's Lett' to himself of the yth
instant, in these words, viz: "You doe riot ans* mine relating to assem-
" blie which I incline to hold att New-Castle, but will complie to the
" Councill's opinion."
After some debate about this matter, The further debate therof was
deferred to the Sixt of Febrie next ; and it was ordered that M' Cann
should have fresh notice to be then present.
Joseph pidgeon having exhibited to the Leivt Governor and Coun
cill an acco' of tenn pounds two Shills., for suhdrie presents delivered
the Indians by his Excellie's ord'? when here at a treatie w'ym, And
desiring paym'. - *
34

398 MINUTES OF THE
Ordered that Rob' Turner, Esq', treasurer, pay the said sum outt of
the pennie per pound tax raised for the support ;of the government.
Ordered that the Secrie issue outt a warr' directed to the Messinger
of the Councill, To Sumons Ann Letort, Cap' Jn° dubrois, peter Bi-
salion, mounce yokum, Lewis, the French Canada prison', Benj"
Clift de Thomas graves, to^be here present the Sixt of Februarie next.

[eTebry, 1698-4.
Att a Councill Held att Philadelphia the Sixt'of February, 1693-4.
WM. MARKHAM, Leivt. Governo'.
Robert Turner, | Lacy Cock, Esq'.
Wm.Saahv;y,jESq- P- Robinson, Secry.
The Informaon of Thomas Jenner and polyearpus Rose, exhibited
to this board the 19"1 of Decemb', 1693, ag' Ann Le Tort, &c. was
again read, and by peter Reverdie interpreted to her de her husband
from the English into French.
Shakhuppo, an Indian king, being examined by Capt. Cock, inter
preter, saith That hee knows nothing of anie Letters sent to strange
Indians by Ann Le Tort, nor by anie others, but that hss hath seen
soms strangs Indians come to trade with her, but that hee neither
knew ym, nor understood their Language.
Kayantarras' wife, by the sd Capt. Cock, interpreter, being ex
amined, saith that shee has sometimes seen strange Indians come to
Le Tort's plantaon to buy goods.
The said Ann Le Tort, by peter Reverdie, Interpreter, saith, that
what those Informants by mistake call a packett of Letters, was onlie
a book of acco*5 of what the Indians owed them, wrapt up in a blue
Linnen Cloath to preserve it from the weather.
To the 5"1 article, about Le Tort's whipping polyearpus Rose, de
calling the English and Sweeds rogues, Shee saith, That the Indians
are much indebted to her de Little to peter yokum, and that hee came
bsfor her hous with Rum, de therwith enticsd the Indians from her ;
wherupon shee in her anger, might call him & the sd polyearpus
Rose names.
To the Is' article, The said Ann Le Tort saith, That shee never
had ante such discourse with Hicquoquean, nor has shee seen him
these three years past.
Benj" Clift being Lame and not able to trayell, sent to the Leiv'
Governor a paper, wherin hee saith, That two ot o' Indian kings
told him that ther have been Severall Lett™ de powders sent to Canada
by peter Bisalion, de that Lewis, ths french Canada prisoner that livss
sfc Le Tort's, told our Indians that they should see in a short time
that all our English wbld be cutt off by the French, and that if the
English wer from amongst us you & wee should Live brav.elie.

PROVINCIAL COUNCIL. 399
«
Cap'. Cock saith, that hee believes our Indians are onlie afraid that
the strange Indians will come and Surprize them.
Wherupon the Leiv*. Governor ask't and desired the Councill's
opinion, Whsthsr from ths abovesaid examinations de proffs, ther
wer sufficient grounds wherupon to bring the sd1 Ann Le Tort to a
tryall. They wer Unanimouslie of Opinion that there wer not.
The petion of some of the Inhabitants of Philadelphia de of some
other parts ofthe province, was read, getting. forth their Jealousies
relating to the French in generll amongst them, and more speciallie
referring to those trading in remote &. obscure places with the
natiys, without securitie or approbaon : And therfore, Requesting
that the French may be called from those places, where they still
Continou their Commerce with the Nativs, and that if they be per
mitted to retail trade, that it be in places of this or other towns in the
province, and that neither they, nor ante others, be permitted to free
dom of trade with the natives, but such as are approved of, and upon
securitie of acquainting the government with all the matters they can
hear or observe concerning the natives and the enemies ofthe Coun
trie. It was hereupon Resolved, That Capt. Jaques Le Tort givs to the
Leivt. Governor sureties that hee shall acquaint the governm' with all
matters hee can hear of or observe ^concerning the Natives de 'the
enemies ofthe countrie, and that he take the oaths appointed, by act
of parliam' to be taken in stead of tbe oaths o£ allegiance and supre-
macie. Ordered, that Cap' Le Tort, or his wife, bring before the Leivt.
Governor and Councill Lewis, the Frenchman that Lives att his
house, the 13th instant.
Ordered that Robert turner, treasurer, give to Shakhuppo and
kyantarra's wife two match coats, and two shillings sixpence in
monie. His Excellies Letter to the Lsivt. Governor and Councill, dated
"the25"" of January, 1693-4, was read, Wherin Hee sayes: "I
"find it nsedfull for their Mattes' service to call a gensrall Assemblie
" in the spring ; dos thsrfor ask your advics of ths tims de placs of
" meeting. Which I will order accordinglie. I shall be readie to
" meet you the Later end of March, or beginning of Aprill, Unless I
" be called to the fronteers. You are sensible of the weaknes of
" governm' without support. I hope you will use yor endeavors to
" gett such to assist me who are best qualified for that service."
After some debate, it was the unanimous opinion ofthe Leivt. Go
verno' de Councill, That the most ConVenient time for the sitting of
the next generall assemblie wold be about the tenth day of Aprill next,
and the most Convenient place the town of Philadelphia, But Humblje
submitted both time and place tbhis excellies pleasure; And desired
the Leivt. Governo' to return their heartie thanks to his excellie for
his care of them, assuring his excellie that they should not be wanting
in anie degres of their dutie to, and assistance' of his excellie, accord
ing to their po wsr and abilitie.

400 MINUTES OF THE
[T* Febry, 1693-4.
Att a Councill Held att Philadelphia y* T* of February, 1693-4.
PRESENT :
WM. MARKHAM, Esq'., Leivt. Governo'.
Rob' turner, j> F „ Lacey Cock, Esq'.
John Cann, *> " ' pat. Robinson, Secry.
The petion of Thomas Lacey ag' John Swift, having been read,
Ordered that the Secrie write to Jn° Swift to be here the 13"1 instant,
to make ans' to the sd petition.
The petion of philip England having been read, setting forth that hee
hath besn Lawfullis Impowred and authorized to keep an Ordinarie
and ferrie att Skuillkill, first by an order from the proprietor, dated
the 16a of 8ber. 1683, under his hand and Seal, therin strictlie Charg
ing that no person presume to transport anie passengers for monie or
reward, over the said river, neer the sd ferrie : secondlte, by an order
from Governo? Fletcher, dated the 29"' of Aprill Last, fullie Confirm
ing the proprietor's grant to the petitioner for the sd ferrie and ordina
rie: And thirdlie, by a Leass from the Leivt. Governo', in behalf of
the proprietor for the sd ferrie, for a certain term of years, att the yeaflie
rent of seven pounds ; And that the" sd petition' seatlsd himself and
familis thsron, ths acco' of keeping the said ferrie, and has been att
great charges to fitt de accomodate the same with boats & Canoes,
and in making a convenient Landing place on both sides ofthe river,
both for horses and passingers, Arid is obliged to attend the publick
service of the government. Notwithstanding of all which, one Wtti.
powell, in Contempt ofthe authoritie aforesaid, hath a Longtime ferried
over people and horses, & has for six mo. past erected a boat, as
ferrieman, and ferried over severall horses arid passengers, to1 the
petitionr's great detriment, and since his being called to acco' for his
contempt of the authoritie aforesaid, befor the Leiv' Governo' de
Councill, which was the 18lh of July, 1693, has pretended to sell the
sd boat to certain people, who doe employ one Nathaniell Mullinax to
ferrie them over, in Contempt of the power and authoritie aforesaid ;
And yrfore, Requesting the Lisv' Governo' and Councill to cause the
sd Wm. powell and Nathaniell Mullinax to appear befor ym to ans'
the contempt aforesaid, as also for the wrong the petitionr has sus
tained yrby, that so yo' petitionr may receive such Justice herein as
you shall Judge meet. Nathaniell Mullinax having appeared, the
minuts of Councill ofthe 27th of June & 18*" of July de 19*" 7br. rela
ting hereto wer read, Wherin Wm. powell promised that hee wold de
sist from and Leave off ferrying over people att that place, de that none
elss und' him should ferrie ahie people over from his Land for anie
reward, and which the Liev' Governor and Councill charged: him
strictlie to observe att his perrill.
The sd Nathaniell Mullinax being interrogated who they were that
first employed & hyred him to ferrie people over, Hee ansred, That
most of the people of Harford &, Marion, dt some of darbie, im-
ployed and hyred him 'to ferrie ym over, and that they were to pay
him his wages, de that he knew no reason why he might not work for

PROVINCIAL COUNCIL. 401
his Living as well as others : And after sometime hee brought in a
List of the names of some that imployed him, viz : Evan piothero,
Wm Howell, Thomas Smith, Wm. Smith, Morris Luellon, David Me-
redeth, Jn° Rhodes, Wm. Warner, Humphrie Ellis, Ellis Ellis, Hugh
Roberts, Robert Owen, Jn° Apowen, Richard Haye, Adam Rhodes,
Christopher Spray, Davis Lues, Lues David, David Ewer, John
german, Hugh Shone,. Evan Hendrie, Wm. garrett, John Blunstone,
Sam11 Lewes.
It was ordered , that the sd Nathaniell Mullinax be comitted to
the Comon goale of this County, till hee give good and Sufficient
securitie to the Leivt. Governo', that hee shall ferrie no more persons,
horses, nor cattle over Skuillkill, att Wm powell's, for gift, hyre or
reward, directiie nor indirectlie ; And that the said boat be forthwith
Seazed and secured by the shsriff, till ths owners therof appear befor
the Leiy' Governo' and give the like securitie.
Upon reading the petion of Jn° Bristow, setting forth that when
hes was Ranger for Chester Countie one Richard Thompson, in
1692, brought to him an unmark't horse as a stray, which the peti
tion' received from him, and therafter the grand Jurie for sd Countie
presented the petition' for receiving a markt horse for a stray; Att
which Court of Quarter Sessions the petition' was discharged from
the sd presentment, upon evidence that the sd horse did not appear
to be arteficiallie markt when hee came to the petitionrs hands ;
Wherupon the petition' was ordered by the then Court to sett up a
paper on the Courthouse door, to notifie that in Case anie person
should come and prove the said horse to be theirs, they should have
him returned; which the petition' accordinglie did, As by a Certificate
und' the hands of the then Justices foi* the sd Countie, and und' the
hands 'of the grand Jurie therof, 'has appeared; Notwithstanding
wherof, the Late grand Jurie for the sd Countie havs of nsw pre
sented the petition' for y" same thing, wherof hee was formeriie
cleared, tho' no person hath yet appeared to owne the sd horse, which
the petition' believes is done of purpose to stopp him from prosecu
ting his intended voyage for England, and to damnifie him in his good
name & reputation ; And therfore, Requesting such releif in the pre
misses as the nature de circumstances of his case requirs, and that
the rather, that the petition' is still willing for peace sake to deliver
up the sd horse to anie person that can make proof that sver hee
was theirs, tho' hs has paid half of his value to the proprietor's re
ceiver, &c.
It was the opinion of the Leiv' Governo' <fc Councill, That (the
new presentment seeming rather Litigious than just,) the Court 4f
Chester Countie be advised to moderation, and to be carefull not to
countenance anie thing that caries with it the face of anie former
grudge, animositieor revenge, ag' anie person whatsoever.
Ely Lush, Wm Rawlings, Charles kemarr, Rob' Lindsay, peter
Goss, mariners, having mads proofe befor the Leiv' Governo' and
Councill that they were ordered by  petit, Mr of the ketch James,
(wherof Cap' Janjes Risbie was owner,) to putt on' shore1 Nathaniell
Lukins, who piloted the said ketch down ths bay of delaware, which
they did, and that by reason of the bad weather att Cape Henlopen
34*

402 MINUTES OF THE
they could not get on board the sd ketch again, and that they were
readie to deliver the ketch's boat to John More, attornie to said Risbie,
and therfore, requested they might have a Certificate from the Leivt
Governo' accordinglie, which was granted them.

[13mFebry, 1693-4.
Att a Councill Held att Philadelphia the 13*11 of February,
1693-4. PRESENT :
WM. MARKHAM, Esq'., Leivt. Governo'.
Robert Turner, } ™ „
William Clark, $ q ' Pat. Robinson, Secrie.
The Leiv' Governo' represented to the Councill, That the proprie
tor's Comrs of propertie, had made applicaon to him by way of com
plaint; that Wm 'darvall of kent Countie, stood Lawfullie indebted
to the proprietor in certain considerable sums of monie upon obligaon
and for arrears of Quit rent, and that one John Barns, who has lived
on sd Wm darvall's plantaon in the sd Countie, does without anie
due Course of Law, imbezill, wast and Consume the goods, house
hold stuff, cattle, and stock of the sd Wm dervall, and sells, and
squanders away the same, and Converts the monie to his owne use,
Intending to Leave this province and to Carte with him what hee
can ofthe sd Wm. darvall's estate, to the utter ruine ofthe sd Wm.
darvall, and to the totall defeating the proprietor of his just debts So
owing to him, and therfor, Requesting the assistance of the governm'
for prevention therof.
Ordered, that a warr' be issusd from the Leiv' Governo', directed
to the Sheriff of kent Countie, to secure the person of the sd Jn"
Barnes, untill hee show good and Sufficient reason for his doing as
above, And in the meantime, to attach, att the proprietor's suit, and
take into his Custodie all such goods, household stuff, stock and
Cattle that shall appear to belong to sd Wm. darvall,. in whois hands
soever they be ; As also, to secure all such monies as are in the hands
of anie person whatsoevsr, as the produce of anie of the goods of
the sd Wm. darvall, sold to them by the said John Barnes.
Robert Wade's petion having been read, setting forth That hee is
Lawfullie seized in fee simple, in an estate of inheritance to him &
his heirs forever, in a piece of Land in Chestertowne, oppositt to <fc
r.amging with the front of the Court house of the sd Countie, Beginning
on the south west side of the sd street ofthe sd town, and so to Low
water mark in the Creek in depth, and fiftie-three foot in breadth,
fronting sd street, with all its appurtenances, under the yearlie rents
due to the Lord of the soil therof, As by his deeds for the same,
dulie perfected, to the Leivt. Governo' & Councill produced, hath ap-
¦ peared ; and that notwithstanding therof, on the 5°* day ofthe 4th mo.
1689, the grand Inquest for the sd Countie of Chester did, without
the petitioner's knowledge, Leave, or consent, and without offering or

FROVINCIAL COUNCIL. 403
paying to the petion' the Least consideraon, Lay outt the petitioner's
said whole piecs of Land for a public, Landing place and open street,
for the pretended Service of the said Countie, and the then Justices of
the sd Countie declared to the petition', that they Seazed it for^he
king; and that the petion' being a freeman, cannot by Law be dis
seized of his freehold but by the Judgment of his 12 equalls, by a
Legall tryall, and which act of the Court has been to the petitioner's
great Loss de damage, -who is day lie threatened to have what hee
shall build on sd his Land pulled downe and throwen into the sd creek,
and therfor, requesting such remedie de redress in the premisses as is
agreeable to Justice de equitie.
Wherupon,, the Leiv' Governo' ask't the advice of the Councill,
who after further hearing of the said Robert Wade, ordered that the
said Court, or Clark therof, (on the petitioner's request of payment
for it,) send to the Leiv' Governo' ds Councill by whois and what war
rant the then Court and grand Jurie So Laid outt the petitioner's
Land aforesaid, and that hee send a Copie of the same warrant, & of
the whote presentments, orders and minutes of Court from time to
time, relating to this affair.
Upon reading the petion of Thomas Lacey, setting forth that being
by Mary Rowtes, ssrvant of John Swift, unjustlte accused for the
father of hsr bastard child, and by sd. Swift's procurement was
bound over in 401b, to ans1* att the nsxt Court of Bucks, att which the
pstition' appeared, and the Court bound him in 101b, & Israeli Taylor,
his suretie, in 51b, for appearance att the next Court, att which time
the petition' being sick appeared by his attornie, where Little was
done in the matter, de being advised that ther was no need of appear
ance att another Court did not goe, wherupon his bonds wer forfeited,
on which they gott outt execuon ag' the petition', and have Leavyed it
on Israeli Taylor's goods, & the petition' is threatened by sd Swift
with the sd execuon throughoutt all the province, to his detriment,
and that as hee has formeriie offered to take the bastard, & to givs se
curitie for maintaining of it, so he is still readie to doe, if Jn° Swift
and its mother will part with it, Which they refuse; And yrfor, Re
questing the fine may be forgiven, de also all such Corporall punish
ment as the severitis "of ths Law might inflict on him by reason of
the false accusaon* of the sd Rowles.
John Swift appeared and answerd, that it was true that said
Rowles Laid the sd child to the petitioner, but that hee was not bound
over by his procurement, being donsundsr the Late goverm'; that hee
was never bound in 401b, but in 101b, & his securitie in 51b, de that
hee never appeared att anie Court, and that ther's. no execuon outt
ag' him nor his suretie ; that hee has yet given no securitie for main
taining the sd child, and that the mother will not part with it.
Ordered, that the petition' produce to the Leiy1 Governor and Coun
cill a copie of the records of the sd Court relating to the whole affair,
wherby it may appear whether the sd bonds wer forfeited or not ; and
the Leiv' Governo' told sd Swift that no Countie should be a place of '
refuge for persons that had broken the Laws in another Countie, and

404 MINUTES OF THE
that if he wold take outt a warr' from ym to carte him into their Coun
tie for his Legall tryall & punishmsnt, hee might have it ; and if
hee desired that the petition' should give securitie here for maintain
ing? the child, they wold force him so to doe. To which sd Swift an
sred;! that it was not his bussines to be att anie Charge about such a»
fellow.

[20th Fsbruary, 1693-4.
Att a Councill Held att Philadelphia the.20ffi of February, 1693-4.
present:
WILLIAM MAR.KHAM, Esq'. Leiv' Governo',
5°^rt T"rnf '' r Esq". Pat. Robinson, Secry.
William Clark, 5 , ,
No bussines presenting, The Councill was dismist.

[27*h February, 1693-4.
Att a Councill Held att Philadelphia the 27th of February, 1693-4.
present:
WILLIAM MARKHAM, Esq'., Leiv' Governo'.
Robert Turner, ) ~ „ Lacy Cock, Esq'.
Wm. Salway, J s<* " pat. Robinson, Secrie.
Robert Owen and divers others of the Inhabitants beyond Skuillkill,
in this province, appeared befor the Leiv' Governo' and Councill, and'
signified to ym that they had a propertie in the boat Latelie seazed by
their order, and that their transporting ymselves therin over Skuill
kill, proceeded not in the Least from anie Contempt to the authoritie
of the province, and therfor' Requested that they might have their
boat returned to them again, de that for their more easte Coming to
their meetings; fares & marketts, de to the election of representatives
to serve in the ensuing assembly, they might be permitted to trans
port ymselves therin.
Upon Consideraon wherof, de y' the sd Inhabitants might not pre
tend that by the detention of the sd boat they wold be hindred from
coming to the sd slsction, It was ordered by the Leiv' Governo' de
Councill, that the sd boat should be by the sheriff delivered back to
them, ds that the owners yrof might transport, or cause ym selves to
be transported therin, without taking anie monie or other reward ther
fore, untill such time as his Excellie the Chief Governo', should come
hither, to whom they referred ths full hearing de determining of the
whole affair. For which the said Inhabitants returned to the Leiv(
Governo1 their Heartie thanks.

PROVINCIAL COUNCIL. 405
[24*l> May, 1694.
Att a Councill Held att Philadelphia the 24" day of May ,1694.
present:
His Excellence BENJAMIN FFLETCHER, &c.
Wm. Markham, Esq', Leiv* Governo'.
And' Robeson, ) P Wm. Clarke, > v.
Rob' Turner, \ 9 ' Geo. foreman, S q '
The petion of Breta Jonson was read, Setting forth that shee is the
widow of derick Jonson, who was executed for the murder of a man,
dec. wherby his estate, reall . de personall , became forfeited totheir Maties,
But by the Ctemencte of the Leivt. Govern©', the petition' was ordered
one moity yrof, for her and children's subsistence, but Could not gett
possession of anie of the movables, onlie the moitie of ths Land and
house, and is now in a verte Low condition, having three children to
maintain; And therfor, Requesting his Excellie to Consider her con-
dion, de reverse the judgm' which was executed on the othsr moity of
the Land, and in his ctemencte de charitis, Order the restoraon of the
moity which is not in her possession, for a furlher support to her pre
sent necessities. The abov sd petion was referred to Wm. Salway
de Geo. forman, esq'8., to report what they Judge proper to be done in
answer therto ; And they having Reported that by the Law the widow
hath a right to half ,'ths personall sstats, and desired, with, the jest of
the Councill, tbat his Eixceflie will grant the other half for y° main-
tainance of herself and children, His Excellie ordered that the same
be granted her for that usej shee paying all reasonable charges and
fees.

[30*hofMay, 1694.
Att a Councill Held att Philadelphia the 30"1 day of May, 1694.
present :
His Excellie BENJAMIN FLETCHER, <fcc.
Wm. Markham, Esq., Leiv' Governo'.
Rob' Turner, ") w r-i i ->
pat. Robinson, I Esq". wm. Clarke, £Esq»
Wm. Salway, J Geo- Forman. 5 H
His Excellte ordered the reading, of the articles exhibited by some
ofthe Inhabitants of Philadelphia ag' Robert Brett, Clark of ths mar
kett, which wer read, and ordered the said Robert Brett should have a
Copie therof.
Ordered that a warrant Issue upon Robert Turner, Treasurer, for
payment of One Hundred pound to daniell Honon; for his. Excel
lie's use. ' '

406 MINUTES OF THE
[2d June, 1694.
Att a Councill Held att Philadelphia the seoondday of June, 1694.
present :
His Excellie BENJAMIN FLETCHER, dec.
Wm. Markham, Esq'., Leiv' Governo'.
And' Robeson, | Wm. Clarke, ")p „
Rob' Turner, lEPq». Geo. forman, f Es1 '
pat. Robinson, J J
The petion of Joseph Brayman, in behalf of himself and wife,
The reference therof to Wm. Clark, esq'., and his report therupon,
wer read. The Report in his favour approvsd, and the pstition
granted.

[4*" June, 1694.
Att a Councill Held att Philadelphia the fourth day of June, 1694.
present :
His Excellie BENJAMIN FLETCHER, dec.
Wm. Markham, Esq1.1, Leiv1 Governo'.
Andr. Robeson, ? ** „ pat. Robinson, } v „
Rob' Turner, S ^ ' Wm. Clarke, $ ^ "'
His Excellie did offerr that he is desirous to give all just Satisfac
tion to the people, and therfor proposed to affix placardes, giving notice
to all persons that hee hath appointed Tuesday, att eight in the morn
ing for the hearing of anie Complaints made ag' Rob' Brett, the Clark
of the market, for anie misdemeanors Comitted in the execuon of his
office, wher all Complainants de evidences shall have access, which is
agreed unto, and ordered accordinglie. •
His Excsllie did Likewiss acquaint ths Councill, that hee hath ap
pointed ths sams tims for Enquiring into ths matter of peter debue,
deceased, which Comes under his Excellie's Cognizance, and desired
they would be wittnesses therto.

[5th June, 1694.
Att a Councill Held att Philadelphia the 5* day of June, 1694.
present:
His. Excsllie BENJAMIN FLETCHER, &c.
Wm. Markham, Esq'., Lsiv' Govsrno'.
And? Robeson, h .-. f,. ,! T ,
pat. Robinson, Usq". Wm. Clarke, I E -
Wm. Salway, J Geo. forman. J *
Robert Brett, Clark of the markst, bsing hsard, & manie persons

PROVINCIAL COUNCIL. 407
appearing ag' him, they made severall misbehaveors appear in the
execuon of his office, for which his Excellie discharged him from the
said office.
.The bussines of peter debue's will deferred till afternoon.

3 of the Clock, afternoon.
present : *
His Excellie BENJAMIN FLETCHER, &c.
• Wm. Markham, Esq'., Leiv' Governo'.
And' Robeson, -J Wm_ clarke *|
pat. Robinson, >Esq". Geo. forman, f Es<l ' ,
Wm. Salway, J J .
His Excellie Having ordered the Hearing of what might be offered
ag' the will of peter de buc, deceased, and severall things being offered
by sundrie persons, wherin they seem to insinuate there was fraud and
Collusion in the making therof, His Excellie did, upon hearing therof,
dismiss the people, and desired the Councill to give their opinions upon
'the whole m'atter, Whether or not the will, which was proved befor
the Leiv' Govsrno', Can be allowed or not; Which being putt to the
vote amongst ths members of Councill, was caried in the affirma
tive, <fc his Excellte did allow yrof.

[6th June, 1694.
Att a Councill Held att Philadelphia the sixt of June, 1694.
present :
His Excellie BENJAMIN FFLETCHER, dec.
Wm. Markham, Esq'., Leivt. Governo'.
And' Robeson, ") Wm. Clarke, T
Rob' Turner, J- Esq". Lau' Cocke, [-Esq".
Pat. Robinson, J Geo. forman. J
The petition of Waddy Reynolds was read, de Ordered Wm. Clarke,
Esq', be Impowsred to hear and determin the matter of complaint, &
to See that the widow de children be not injured, and that an Ord'
Issue forth to the justices of the peace to stopp anie further process in
the mean time.
The petion of Mary White was read, and ordered the Justices of
the Countis Court deliver her accots, de cause them to be regtilsted'
according to the table of fees then established.

408 MINUTES OF THE
[11th June, 1694.
Att a Couneillheld at Philadelphia the y" day of June, 1694.
present:
His Excellie BENJAMIN FLETCHER, dec.
Wm. Markham, Esq'., Leivt. Governo'.
And' Robeson,, ? „ _ Wm. Clarke ) „ _
Rob" turner, $ **! * Wm. Salway, \ q '
The petion of Mary White was read, qrin shes setts forth that her
Husband, deceased, was sheriff of Philadelphia, de became bound for
the rent of ye house hyred for the use of the Countie, to be a goal; that
the rent of the sd house is not yet paid, and the bond ofthe sd Jn*
White standing outt ag' the petition", to her great trouble.
Ordered, the Justices ofthe peace in the Countie of Philadelphia,
draw a warrantt upon 'the Countie Collector, to pay the rent due for
the said house, and ;procure the said bond to be delivred up Cancelled,
to the petitioner.
His Excellie did acquaint the board that hee did receive informaon
Saturuday night, that after the dissolution of the Assemblie, David
Loyd, with the Representatives, returned to the place of ti>eir ses
sions, and david Loyd assumed, the chair, and said they wer not
dissolved until they had -dissolved themsslves also, and caused some
minute to be entred upon record.
His Excellie desired the opinion of the Councill to send for the
Clark of the late Assemblie, together with the minutes of thsir Journall,
Which the Councill doe approve of.
Ordered, Jn" Claypoole, Esq' sherif of Philadelphia, doe forthwith
bring the Clark of the assemblie, with the minutes or Journall of their
House, befor his Excellie in Councill.
His Excellie did give to understand that the assemblie did insinuate
in their Remonstrance, that something in the former Assembly was
done in ans' to the Queen's Letter, produced the act to the Councill,
de demanded the opinion of the Councill whether it doth appear that
they have given ante thing to ans' the Queen's Letter.
It is the opinion of the Councill that ther was nothing granted in
the first assembly to enable his Excellie to ans' the Quesn's Letter,
nor ante thing proposed in the Last Assemblie that could be construed
that way.
It is the opinion of the Councill, nemine Contradicente, that his
Excellie, the' Governo', hath proceeded in all matters in this Late
Assemblie with great prudence and moderation, and with their Con
sent and advice, and not otherwise.
The Clark ofthe assemblie Having brought the minutes or Journall
¦ of the Assemblie, It found entered that Upon the Governor's request
they did adjourn to the Councill chamber, after his Excellie the Go
vernor, had dissolved the assembly In hcec verba is entred. Upon
their Return the Speaker Reports that the Governor was pleased to
dissolve this house, de it is accordinglie dissolved.
The Comrs of the propertie of M' penn gave in their report con
cerning the ferrie at Skuillkill, that it is the undoubted right of the

PROVINCIAL COUNCIL. 409
proprietor. His Excellte gave his opinion that they ought to main
tain & support the proprietor's right in his ferrie, as they had done
formeriie, And ordered a warrant Issue to the keeper of the said ferrie,
requiring him to pursue the rules yrof, and a prohibition to all others
from offending ag' the said rules, or using anie other ferrie within foure
miles distance on sithsr sids ths rivsr, of tlie proprietor's ferrie.
The petition of sundry freemen & Inhabitants of Philadelphia,
praying that the street upon the bank in Philadelphia, of thirttie foot
breadth, as the same is agreed upon by the Inhabitants and possessors,
under hands and sealls, by Indentures, may be Laid outt, and sur
veyed and cleared, and afterwards Held and reputed a street of the
said Town of Philadelphia, by the name of Delaware street. And It
is Ordered therupon, that the said street shall be Laid outt & surveyed
forthwith, and afterwards, as soon as possible, may be cleared, accord
ing to the sd Indentures and agreement, To be Held, reputed and
taken as a Comon -street of the town of Philadelphia, by the name
of KINGS-STREET.

[15*1 June, 1694.
Att a Councill Held att Philadelphia the 15" day of June, 1694.
present:
His Excellie BENJAMIN FLETCHER, dec.
Wm Markham, Esq'.; Leivt. Governo'.
And' Robeson, "J Tlr _. . "J
Rob' Turner, Usq". Wm Clark, l„n
pat. Robeson, J Law Cock' J H
His Excelly told the Councill how manifest it is to ym all, How his
Excelly has tendered the Queen's Letter to the assemblie, de proposed
something to be done by them in atts' yrto, in a manner agreeable
with the principles ofthe people, de that nothing is done in ord" y*unto.
That the Queen's Letter is directed to his Excellie de not to the assem
blie, Therfore desires the advice ofthe board, If it be not proper for
his Excelly to array the whole province and detatch att Least fiftie
men for the assistance of albanie, or if ther be ante other way Left
his Excellie to answer the sd Letter since the assemblie have shutt
their purses ag' the king.
Resolved, the Councill doe draw up their answer to his Excellies
proposall in writting, undr their Hands.
His Excellencie, with advice and Consent of the board, did sign a
proclamation for the encouragment of the proprietor's ferrie over ths
Skuillkill. v v

35

410 MINUTES OF THE
[26m June, 1694.
Att a Councill Held att Philadelphia the 26,'b day of June, 1694.
present :
His Excellie BENJAMIN FLETCHER, dec.
Wm. Markham, Esq'., Leiv' Governo'.
And' Robeson, ") Wm. Salway, "1
Rob' Turner, I Esq". Law' Cock, [¦Esq1'.
pat. Robinson, J Geo. forman, J
Ordered a warrant Issue to the Receiver Generll, for the paym' of
the whole Amount of the Tax raised by the pennie in the. pound, granted
by the assemblie, anno 1693, to Andrew Robeson de patrick Robinson,
Esq", who are by his Excellie appointed to dispose y'of as his Excellie
shall direct, for y' mattes Service. v
His Excellie did Recommend to the Leiv' Governo' and Councill
ths care of the Government during his absence, that they will endea
vour the peace and prosperitie y'of, and heall the divisions de Contro
versies that may happen amongst the people. Soe bid them farewell.

[6th July, lo"94.
Att a Council] Held att Philadelphia the Sixt day of July, 1694. '
present :
COLL. WM. MARKHAM Esq'., Leiv' Governo'.
And' Robeson, } w „ Law' Cock, ? „ _
Rob' Turner, $ ^ • pat. Robinson, $ q '
The Leivt. Governo' acquainted the Councill That the occasion of
his calling them together was, that yesterday Lacey Cock, Esq', in
formed him that the Delaware Indians were come down to discourse
him. Hithquoquean, kyanharro, Shakhuppo, Oriteo, Menanzes, Mo- '
hocksey, Tamanee, Alemeon, with severall others of the Delaware
Indians, were admitted.
Hithquoquean (in name of the rest of the delaware Indians) took
outt and Laid down a Belt of Wampum, which hee said was sent
to ym by the Onondages de Senekaes, who say, you delaWare Indians
doe nothing but stay att home & boillyo' potts, de are Like women,
white wee Onondages de Senekaes goe abroad & fight ag' the snemie.
The Senekaes wold have us delaware Indians to be ptners w'^ ym to
fight ag' ye french, But wee having allwayes been a peaceable people,
& resolving to Live so, de being but week and verie few in number,
cannot assist ym; de having resolved among o'selves not to goe, doe
Intend to send back this their belt of Wampum. Mohocksey said :
The former belt sent by the Onondages de Senekaes, is sent to us all,
de wee have acquainted one another w' it, de tho' wee live on the othsr
side ofthe river, yet wee reckon o'selves all one, becaus wee drink one

PROVINCIAL COUNCIL. 411
water. Wee have had a Continoued friendshipp with all the Christi
ans de old inhabitants of this river, since I was a young man, de are
desirous to Continou the same soe Long as wee Live ; And gives a
Belt of Wampum.
Tamanee said : Wee and the Christians of this river Have allwayes
had a free rode way to ons another, & tho' sometimes a tree has
fallen across the rode yet wee havs still removed -it again, di keept
the path clean, and wee design to Continou the old friendshipp that
has been between us and you ; and gives a Belt of wampum.
The Leiv' Governo' said, That by three ofthe Clock in the after
noon hee wold consider & give ym an answer.

3 a clock afternoon, prsssentibus ysdem ; except Andrew Robeson.
Law' Cock, Esq', acquainted the Lt. Governo' that kyanharro de
Oriteo, two Susquehanna Indians present, had something to say, and
in respect they could not be understood, desired Menanzes to speak for
ym.
Menanzes sayes, That a certain Indian king (being kyanharro's old
acquaintance) having Come from the Cayogues to kyanharro's house
to see him, and on his way the sd king and his kyanisse Indians had
some mischance befallen ym, for the titwa's, the naked Indians, fell
uponym; But the sd king & his kyanisse Indians fought their way
through ym de gott to kyanharro's house, where they desired to re
main de be entertain'd in a peaceable Countrie. Menanzes in their
name gives six deer skins. To who/n kyanharro replted : You are
of my blood; I cannot denie you, but must receive you; and the sd
kyanisse Indians desired that kyanharro wold speak with the Christi
ans that they wold receive ym with the same kindness as hee did, and
y' as they are here protected by the Christians, the sd kyanisse Indi
ans hope to mest with the same protection. Gives six doe skins.
The Leiv' Governo' acquainted those Indians that on the 4th instant,
Jn" Budd informed him that an Indian king of West Jersey, with other
Indians of this place, told him that from a meetting they Latelie had
within 25 miles of this governmt, they brought two belts of watopum
de delivred ym to Capt Cock, to present ym to his Excelly in ord' to
a treatie for confirming their former Leaque with the English ; that
they complained that they had severall dayes delivred in their belts
& could have no hearing, but wer putt off by promises that they should
be heard one day after another, they tarryed in town eight or nine
dayes, de that about thirteen dayes since Mohoksey's son came here &
acquainted him, the sd Budd, that hee was sent to see if the philadel-
phians could give him a good word back ; And that about ten dayes
since ths sd Informant being att peter Stallcupp's house, in Newcastle
.County, said Stallcupp told him that an Indian called Nescacatho,
then informed an Indian king named* Awahelah, saying Verie ill
nsws, (repeating it again,) & said you know that from such a meett
ing wee sent two belts of wampum in ord' to a treatie, But the Go' of

412 MINUTES OF THE
newyork wold not treat with us, de they have had in Philadelphia a
great number of men, with drums & guns, dec ; de the same att New
Castle while the Go' was there, de y' hee went thence to Maryland, w'
such speed y' they killed two horses in the way, which things Look
j-w* a verie ill design; wee belteve y' there is no good meant by the
English ; there is some speedie matter in hand. The sd Budd further
saith y' Last Moonday hee acquainted Joseph Wilcox w' the substance
ofthe abov wrttin.
The Lt. Go' askt the Indians if the sd informaon was true : they
ansred it was all false, thsr was no such meetting, nor no such
design to treat w' Go' Fletcher, nor no Hearing 'ask'', And if Mo-
hocksey's son or their young men when drunk, told Jn° Budd ante
such thing, hee should not make a storie of it unles hee had had it from
their Sachims. Law' Cock also said, that the two belts wer given
him by Tamanee de Hithquoquean, to be keept for ym till they should
call for them.
The Leivt. Go' told Mr Budd, that he was much to blams for giving
his Informaon first to ths Justices, (who never acquainted him of it,
nor of his Informaon,) especiallie sines it concsrnsd ths peace of the
province in Generall, de for y' hee came not to him till hee was sent
for, and that if hee Comitted the Like again hes should not goe unpun-
isht, de soe dismist him.
Then the Lt. Go' (by Law* Cock, esq'. Interpreter,) answered the
Indians : You did verie prudsntlfe to Considsr well how you entred
in a warr w'out advice de consent of their Maties of great Britain's
Chief Go' here, who is Governor of New york. I heare there are
sober & wise men among you, de ther's an old man who cannot come
down, who can give you good Counsell, -de you must be Considerate
in what you doe, for wee have enemies round about us.
It's but of Late that wee took up armes, de I assure it's not o' design
y'by to make warr upon you, nor upon any others ; but thereby to be
in a Capacitie and readiness to defend o'selves and you fromo' diyo'
Comon enemie the French, if they should happen to assault us or you.
His Excellie the Go' of Newyork is also Chief Governo', & came
hither to see what men and monie hee could raise for the defence of
Albanie the frontiers from the French & Indians ; Hee caried some
monie with him but suffered o' men to stay att home to defend ym,selves
& their Countrie' ag' the french. White here He enquired how o' In
dians and wee Christians agreed ; We answered that for manie years
w»ee had Lived as brethren. He desired wee might Continou our
friendshipp, for said hee, The enemie of one is the enemie of both.
The Leiv' Governor also said : If the Senekaes send again to you doe
you send to me, and lie send an express to Newyork, and His Ex
cellie will take care that the Senekaes shall doe you no Injury. Soe
they all departed, verie well satisfied with the Lt. Gjovernor's answer.

PROVINCIAL COUNCIL. 413
[2d August, 1694.
Att a Councill Held att Philadelphia the 2d day of August, 1694.
PRESENT :
COLL. WILLIAM MARKHAM, Esq'. Leiv' Governo'.
And' Robeson, ?n „ Pat. Robinson, ? „ i
Rob' Turner, ¦) q ' Wm. Clarke, 5 esq '
Ths Lt. Go" produced to ths Councill an ord' to him from his Ex
cellte the Chief Go', Requiring him upon receit yrof, y' hee Cause
Charles Sanders, esq', to bs Sworn one ofthe Councell ofthe pro
vince of pennsilvania de Countrie. of Newcastle ; Which was accord
inglie done : And the sd Charles Sanders having taken the oaths
appointed by act of parliament to be taken in stead ofthe oaths of
allegiance and Supremacie, de subscribed the Test, Took his place
att the board accordinglie.

}«

W August, 1694.
Att a Councill Held att Philadelphia the lO*" of August, 1694.
COLL. WILLIAM MARKHAM, Esq'. Leiv' Governo'.
And' Robeson, } Law1 Cock,
Rob* Turner, S Esq". , Geo. forman, f-Esq".
pat. Robinson, J Charl. Sanders,
William Clark, Esq . exhibited an Informaon to the Leiv' Governo'
dc Councill, setting forth that att a Councill held att Philadelphia on
the 10th of aug', in the sixt year ofy' Mattes reign, before theLt. Go'
ds the rest of the members of their Maties Councill, personal!^ ap
peared the sd Wm. Clarke, esq', Collector of their Maties Customes
in the sd province de Territories, who (as well on the behalf of y"
king de Queen as of his Excellte, the Governo' of ye sd province, as
also on the behalf of the sd Wm. Clarke.) in this Case prosecutes,
gave the Councill to understand de be informed y' hee, the sd Wm.
Clark, had on y" 21" of July Last, att Lewis, in Sussex Countie, in
the Countrie aforesaid, seized on sundrie goods, wares, Comodities
and merdizes imported thither, ofthe growth, production or manufac
ture of Europe, wch were not bona fide de without fraud laden de shipt
in England, Wales, or y" Town of Barwick upon Tweed, de in Eng
lish built shipping; or wch were bona fide bought before the first day
of October, 1662, de wherof the Mr & three fourths ofthe mariners
att least, are English, de caried directiie thence to y" Lands, islands,
plantaons, Territories ds places to their Maties belonging in Asia,
Africa or Amertea, Tangier onlie excepted, and from no other place
or places whatsoever: As also, that hee, the sd Informant, had Like
wise seized on sundrie other goods de merdizes for which their Maties
Customes de duties were not dulie dc triiie paid, (the particulars qrof
35*

414 MINUTES OF THE
are, viz: Ons small bate of fine Linnsn, 2 baggs of Cocco nutts, 14
peices painted Callico's, 14 peices Strypt Linnen, 2 peices of figured
Linnen de woollen, 2 peices of Strypt Linnen de woollen, One Rem
nant of ferrandine, 15 Cards of Lace, One bagg of Cinamont, 15
papers of silk, 13 peices of Holland or white Linnsn, One Remnant
ofalamods Silk,) Con traris to ths Laws and Statutes in that Case
made and provided; And therfore, the said Informant Craves the
Judgment ofthe Councill ag' y" sd goods and merdizes, de whether
they ought not to be forfeited de disposed of, according to the direction
ofthe aforesaid acts of parliam': WM. CLARK.
After reading qrof appeared George" parris, owner of the sd goods,
who had nothing to say for his owne defence nor in defence of the sd
goods, And therfore, Judgm' past ag' the sd goods; wares, and merdi
zes, that they were forfeited, and that they should be disposed of
according to Law.
Ordered that the Secrie Issue a warr" to George Heathcote, philip
Richards, de Jn" Whitpain, Mertz, or any two of ym, forthwith, upon
thsir oath or attestaon, to apprizs de Valus the sd goods, de to make
return yrof into the secries office, wch was accordinglie done : And
which apprizers made Return of the sd warr' into the sd office, de
valued the same att eightie-two pounds monie of this province, as the
sd warr' de return yrof, und' the hands & sealls of ye sd philip Rich
ards & Jn° whitpain remaining on the files of Councill, more att Large
proport. Att the same Councill, psentibus ut antea de Wm. 'Clark.
A Lett' from Jn° Brinkloe, Gso. Martin & dantell Jones, esq".,
Some of the Justices of peace for the Countie of ksnt, dated 4th Aug',
1694, was read, qrin they Signifie, to the Lt. Go' y' att ths tims when
their Last Courts of quart' sessions & Comon pleas should have been
held, according to their Last adjournment, The sd Geo. M artin &
daniell Jones appeared att the place appointed, de wer willing to hold
Court, but Jn° Curtis, another of the Justices, wold not sitt, de Jn°
Betts, another Justice, sent word by a Constable y' hee wold never
sitt .there, meaning att James Maxwell's, att the Head of Jones's,
wherfor they look on y' Comission void ; And there being severall
actions of moment depending, they request the Lt. Go' to give new
Comissions. The Lt. Go' desired the advics of the Councill therin.
It was the Unanimous Opinion ofthe Lt. Go' de Councill, that his
Excellies Comission, both for the Quart' ss. de Comon pleas to y" sd
Countie of kent, are in force, notwithstanding the sd Justices neglect.
Resolved, . that an ord' be sent to the Justices of ye peace of the sd
Countie of kent, from the Leiv' Governo', to hold their Courts accord
inglie. Ordered that the provinciall Judges in their next Circuit, doe
Inspect and Inquire into the disorders in the Countie of ksnt, in
references to the times de places of holding their Courts, & to see
what may be the most proper place in the sd Countis to hold their
Courts in, for the most Universall ease of the sd Countie, and to make
report to the Leiv' Go' de Councill.

PROVINCIAL COUNCIL. 415
The necessitie ofa provinciall Judge in ths room of Jn° Cann, Esq'.
deced, was urged to the Lt. Go'., there being mante, appealls depend
ing to be tryed in 7br next, which if delayed to be tryed would give
occasion of Complaint.
THe Leiv' Governo' named Anthonie Morris, esq', a fitt person to
dischargs y* trust, which was agreed to hy the Councill, & drdeTS^|
hee should take the oaths fittest nsxt sitting of the Councill, de y* a '"
Comission be prepared for him.

4*' Decemb', 1694.
Att a Councill Held att Philadelphia the 4th day of december,
1694. PRESENT :
WM. MARKHAM, Esq'., Livet. Governo'.
Rob' turner, ?£ Law' Cock, ?
pat. Robinson, 5 * Charles Sanders, 5 '
Upon reading the petion of Andree doze & others, setting forth
that they having obtained two Judg** ag' Sam"peres, for 1391 de 101
damages, w' cost of sute, de y' ye Lt. Go' Having putt a stop to the
execuon till his Excellies pleasure should be further known, yrfor
requesting ye Lt. Go' would decide the bussines according to his Ex
cellies directions, to prevent their ruine,
It was ordered y' the sd Sam" peres should give fresh securitie to
the petitionsrs in 300b. to satisfie and pay ym all such sums of
monie, costs, damages de charges as^hee should bs adjudgsd to pay,
& to bs Condemned in by the sentence of the Leiv' Go' and Coun
cill npon the sd appeall, who accordinglie became bound with Sam"
Holt, by obligaon bearing date 4*" decemb', 1694, in y' sd sum of
3001b, & y' as full a Councill as could be gott be Sumoned for decyd-
ing y* sd matter.

25* December, 1694.
Att a Councill Held att Philadelphia the 25"" day of december,
1694. present:
WM. MARKHAM, Esq'., Leivt. Governo'.
Rob' Turner, 5 „ * pat. Robinson, ? „ -
Lacey Cock, \ Es1 ' Ch. Sanders, 5 Es<1 "
The*Lt. Go' produced to the Councill an ord? to him from His Ex
cellie the Chief Governo', requiring him upon receit yrof, that hee
Cause Griffith Jones, Esq', to be sworn one of the Councill of y"
proyince of pennsilvania & Countrie of New castte, wch wasaccord-
inglis done : and ths said Griffith Jones having taken oaths appointed
by act of parliam' to be taken in stead of the oaths of allegiance di
Supremacie, de Sub' the test, took his*place att the board accord-
inglie.

416 MINUTES OF THE
Sam11 peres appearing before, the Lt Governo' de Councill, did ex
hibit to ym a receit und' y" hand de seal of Andree doze, for himself
de as attornie for Jeffrey Martin, Mathurin Sampson de peter Mor-
reau, qrin hee released de discharged him, y" sd Sam" peres, from all
legacies left unto ym by peter debuc, &. from all suits, Judgments or
execuons by ym, or anie of ym, obtained ag' him, arid from all sums
of money, debts, dues, Legacies, costs of suits, either in Law or
equitie, or anie other demands whatsoever, from the beginning of
y° world to the day of the date hereof, being ye 22d day of de
cemb'. 1694, Si Sealed de delivred in presence of david LLoyd &
Jn" Claypoole, & acknowledged upon the back yrof to be the act
& deed of y° sd Andree doze, before pat Robinson, Secrie, And
yrfor Requesting his bond of 3001b to be delivred up to him Can-
celld : Which was accordinglie done.
THe Secrie exhibited to the Lt. Go' de Councill the Copie ofthe
record of the provinciall Court held for de in kent Countie, the 9"',
10th de y01 dayes of Octob', befor Wm. Clark, Edward Blake de Rich"
Halliwell, esq'8., making mention y' an ord' from the ' Leiv' Go' &
Councill being read, for the provinciall Judges to inspect de Inquire
into the disorders df the sd County of kent, in reference to ye time &
places of holding their Courts, & to see* what might be the most
proper place in the sd Countie to hold their Countie Courts in for the
most Universall sase of the sd Countie.
THeir Rsport (in ans' to ths minute of Councsll ths lO" of aug'.,
1 694,) was, That the matter being largelie debated by the Judges &
Justices of the sd Court, thej*rand Jurie, de severall persons ofthe sd
Countie being then present, n was Unanimouslie agreed upon that for
the future the sd Countie Courts should be held de keept on some part
of y° Land belonging to Wm. Southersby, situate on the south side of
the Head of dover river, wch is next adjoining unto david Morgan's
Land, And that the absolute decree de Sentence of the sd Judges was
accordinglie, & that it be as near a Landing as may be, and there the
same to Continoue.

PROVINCE OF PENNSILVANIA de COUNTRIE OF NEW
CASTLE, 10 APRILL, 1694.
Minutes of Councill in the Assemblie ; Anno R. Ret. Rse.
Willielmi et Maris, Num Anglim Sexto. *
Att a Councill Held att Philadelphia on Tuesdav the 10*" dav of
Aprill, 1694. , ' '
present:
COLL. WM. MARKHAM, Esq'., Livet. Governo*.
Andrew Robeson,"} „, Wm. Clarke, ? _, - „
Rob' Turner, ">Esq". George Forman, $ Es^ '
Wm. Salway, J pat. Robinson, Secrie.

PROVINCIAL COUNCIL. 417
His Excellie Benj" Ftetcher, the Chief Governor's Lett' to the Leiv'
Governo' and Councill, bearing date the 26*h of March Last was read,
which is as followes, Viz :
" Gentl., I did resolve to meet you de the Assemblie the 10"1 of
" Aprill next att Philadelphia, and was to sstt out from henes to
" morrow Ssvsn-night, but that by Later intelligence from Albanie,
" I am advised of othsr msssengers from Canada come to draw over
"or Indians, as is pretended, to hold a Conference with Count Fron-
" tiniac, concerning peace, Wherupon o' Sachems are verie desirous
" forthwith to see mee thither. The Councill being of opinion that
"this Service is first to be attended, I think fitt to adjourn the
" Assemblie of pennsilvania and Newcastle to the first of May next
" ensuing, And require the Leiv' Governo' by these pnts, to adjourn
" the sd Assemblie to the first of May next accordinglie. I shall en-
" deavour to be with you then. I desire the Representatives ofthe
" remoter Counties to be Imediatlie wrote unto not to givs themselves
" the trouble of Setting outt too soon; The rest may meet the tenth of
"Aprill, be sworn or attested, and then adjourned. Gentl. I am your
" verie Loving friend.
"BEN : FFLETCHER."
The persons returned for representatives, Viz: Foure for the
Countie of Philadelphia ; Sam" Richardson, Sam" Carpenter, Henrte
Waddey and James ffox. Three for the Countie of Chester ; David
LLoyd, Calsb pusssy, & Sam" Lewis. Three for the, Countie of
Bucks; William Biles, phinhas pemberton, and Jonathan Scaife.
Three for the Countie of Sussex ; wherof appeared Thomas pember
ton and Roger Corbett, came to wait on the Leiv' Governo' and wer
admitted. The Last two took the Oaths appointed by act of parliament to be
taken tested ofthe oaths of Allegiance and Supremacte, and subscribed
the Test. The other ten did Subscribe the declaraon of fidelitie and
profession ofthe Christian faith, and test.
After which the Leiv' Governo' desired them to goe together and
Choose their Speaker. Some time after David LLoyd, accompanied
by the above Named Representatives, presented himself to the Leiv'
Governo', acquainting him that the representatives there present had
made Choice of him for their Speaker, that it was a trust much above
his Capacitie, and for discharge wherof hee wast most Unfitt de unable,
And therfore beseeched the Leiv' Governo' wold Comand the Repre
sentatives to return and Choose a more qualified person.
The Leiv' Governo' answered, that if they had Chosen anie one of
their Number for their Speaker, Hee saw no reason to Object ag
him ; But you all know some are more capable to perform that dutie
than others, and I cannot but well approve of yo' Choice, and doubt
not M' Speaker, but you will perform yo' dutie with all sinceritie, and
keep" a good decorum in the house, and that you'll urge and putt them
in mind to a Consideraon de dispatch of what shall bs before you of
their Maties affairs and Service, and their duties therto.
Therafter M' Speaker desired they might have the Ordinarie privi
ledges granted them, Such as free access to the person ofthe Leivt.

418 MINUTES OF THE ,
Govprno', A favourable Construction putt uponjtheir words, and free
dom from arrests.
The Leiv* Governo' made ans', that hee granted them all these as
freelie & amplie as had been usuall.
Then the Leiv' Governo' told M' Speaker and the Representatives,
That his Excellie the Chief Governo', did intend to have mett thejm
here this day, but was prevented by an express from Albanie giving
him Intelligence of othsr Mssssngsrs coms from Canada to draw
over their Indians, as is pretended, to hold a Conference with Count
Frontiniac, concerning a peace, wherupon the Sachims were Verie
desirous forthwith to See his Excellie att Albanie, and wold bring the
messengers along w' them 'thither, The Councill of New york being of
opinion that this service was first to be attended;! And therfore, his
Expellie thought fitt to adjourn this assemblie to the first of May next,
and required me to adjourn the same accordinglie. The Leiy' Go
vsrno' further added, That the affair his Excellie was gone about was
of verie great import to this province, as well as to that of New yqrk,
and that our future saftie in our persons,, estates & trade, did much
depend upon the prospsrous svsnt of his Excellies goiqg to Albanie,
& therfore hoped they wold bs wsll satisfied ; that his Excellies
absence att this time was Inevitable.
M' Speaksr desired, That they might hays untill fivs of ths after
noon, In regard the whether was bad de the wind ag' the members of
Newcastle, who,, as they wer informed, wer coming up by water.
Which was granted.
Att five the assemblie came again. Then M' Speaker desired that
they might have time till to-morrow morning to consider of some peti
tions Sent them by the Counties whom they did represent, who wold
take it ill if in some measure they did not answer thefr expectations.
The Leiv' Governo' desired them to withdraw a Little and hee
wold consider of it with ths Councill ; W her it was resolved, That in
respect the provinciall Judges wer to sitt next morning, that it was
fitt the assemblie should meet the Leiv' Governo' to morrow, at three
in the afternoon.
The Representatives having been called by the messenger, returned,
and ths Leiv' Governo' gave them time till to morrow, att three in the
afternoon, di appointed them to meet him at that time.

[ll!hAprill„1694.
Att a Councill Held att Philadelphia on Wednesday ths ll*1 dav of
Aprill, 1694. , ! * :' J
present:
COLL- WILLIAM MARKHAM, Esq'., Lsiv*. Govsrno'.
Rob'Turnsr, ") _
Wm. Salway, VEsq". Gsorgs Forman, Esq'.
Wm. Clark J P*t- Robinson, Sscrte.
Ths abovs named representatives appeared.' M' Speaker told the

PROVINCIAL COUNCIL. 419
Leiv' Governo' that they had considred of what yesterday hee had
Laid befor ym, de that they had taken a Longer time than they ex-
pected to Consider of severall things, and partteularlie the amending
of seyerall' errors and mistakes that had been comitted by the Last
Assemblie, by reason of his Excellies hast to be gone Last year to the
fronteers, and that hee promised them that if ante thing wer amiss, or
error in Clarkshipp, it should be amended.
The Leiv' Governo' answered, that it wold not be Long befor his
Bxcellie wold be here, and that then that wold properlie come undr
consideraon. M' Speaker said, that the Law about Stealing was in the List of
Laws proposed by the Assemblie in their petition of right, to be con
tinoued, de yet was ommitted by their Clark to be engrossed in the roll
of Laws signed by the Chief Governo', and yrfor requested that that
Law might be added to the sd roll, especially since for want yrof,
people might be expossd to a triall for their Life for every small
<Se trifling theft. *
The Leiv' Governo' answered, that the reason why that Law was
not continoued was becaus his Excellie Looktupon it to be repugnant
to the Laws of England.
¦ M' Speaker said, that att the conference Last year held by some of
the members of Councill de assemblie, they endeavoured to reconcile
that Law to yB Law of England, de to show that it was not repug
nant. The Leivt. Qoverno' told ym that hee had wrote to his Excellte
about that Law to bs continoued ; and his excellie in his ans', put the
Judges de Justices in a way which wold effectuallie take off anie
danger that the people might be in for want of the sd Law : And
the Leiv' Governo' further added, that since they wer to be adjourned,
He intended not to medle with Legislation ; 'and if they wold have
anie Law that might be beneficiall for the province, They might
propose it to his Excellie when he came, de hee doubted not but his
Excellie wold give ym full Satisfactiori.
Mr Speaker said, that their Clark was drawing up something to
present to the Leiv' Governs' de Councill, which hee desired them to
consider off", and that it wold be quicklie readie.
The Leiv' Governo' told them that his Excellte was positive to him
to adjourn ym.
M' Speaker desired to see the Order, if it might be.
The Leivt. Governo' answered that hee had such orders, and that
they must take his word for that. ,
M' Speaker desired that if they must be adjourned that it might be
to a Longer day than the first day of May next, In respect the
yearlte meeting att Salem was to begin the" 27a of A prill, and that the
representatives wer desirous to be there, and other conveniences to
the members ofthe Lower Counties, which the Councill was not Un
acquainted with, and therfor, that it might be to the 20'h of May
next. the Leivt. Governo' desired them to withdraw a Little and hee
would advise with the Councill about it ; which they did.

420 MINUTES OF THE
The Leiv' Governo' caused read his Excellies Letter the second
time, and upon the whole, did putt it to the vote whether it was Con
venient to adjourn the Assemblie to a further day than was mentioned
in his Excellies Letter, and it was caried in the affirmative.
A member of Councill mentioned the tenth day of May ; others
desired that it might be Longer; And the 20' of May falling on a
Sunday, The Leiv' Governo' did put it to the vote whether to adjourn
the Assemblie to the tenth or 22d of May nsxt, and it was caried to
the twenty second.
The Representatives again appeared, and M' Speaker presented
to the Leiv' Governo' and Councill a Remonstrance in these words:
" To the Leiv' Governo' and Councill ofthe province of pennsil-
" vania, Countrie of Newcastle, de the territories therto belonging.
" The Remonstrance of the Representatives of the ffreemen of the sd
" province de Countrie in Generall Assemblie mett, Humblie Sheweth:
" That whereas, wee being att this time Conveened by Virtue of the
"Leivt. Governo" writts, which gave us no other expectation but
" that wee might proceed in Legislation & redressing the grievances
" ofthe people whom wee represent ; But since wee are given to un-
" derstand that Governo' ffletcher, by reason of some emergencie, is
" prevented of being present at this Assemblie, and so it seems gave
" ord' to this effect, That as soon as wee wer put in a capacitie of
" acting as an Assemblie, wee must be adjourned befor we can ac-
"complish the Countries bussines, Which wee Conceive to be not
"onlie inconsistent with the tenure of th,e sd writts, de the necessarie
"priviledges of a Legislative Authoritie, but also, with the powers
" granted our Leiv' Governor by the king &, Queen's' Letters patents;
" Therfore, wee desire you take it not amiss If wee so farr Assert
" our priviledges as to adjourn our Selves, in Case you think not fitt
" in the Chief Governor's absence to proceed according to the writts
" aforesaid, in ord' to make Laws, de to redress the agreivances of
"thesd Countrie, Some of which are as follows:
" 1". That wee have not the Catalogue of the Laws, with the pre-
" amble to them, and the Governor's approbaon of ym, which wer
" declared by the petition of Right in the Assemblie Last year to be in
" force, that Justice may be administred according to the sd Laws in
" the Severall Courts of Justice in this province de Countrie.
" 2d. That the Late Law for appealls, which gives Libertie to ap-
" peall both in Law de equitie, Wherby the Judges and Justices of y*
"peace have too great Libertie to destroy or make void the Verdicts
" of Juries, without due care be taken; Wherfore, wee desire that the
" Judges and Justices of ye peace may receive instructions fit Caution
" from you not to decree anie thing in equitie that may make void the
u Verdicts of Juries, or Judgments before given in Law, in the same
" Cause. " 3d. That the power given by the Late Law for raising money by
" the Justices of the peace in their rexive Counties, may not be made
" use of to the dissatisfaction of the Countrie, But that the Justices
" may be Cautioned that what monie is raised to defray the publick
" charge of the Countrie, may be done by the approbaon of the grand

PROVINCIAL COUNCIL. 421
"Jurie, or other Sufficient Inhabitants of the severall Counties, to as-
" sist in and approve the severall taxes to be raised, and to havs the
" Hsaring &, sxaminaon of the accompts of ths severall recsits dc
" disbursmsnts. " 401. That ths omissions in ths Lats Laws by ths Clark appointed
"to transcribs ym, may bs Corrected, and the Laws, or such parts
" of the Laws as are Left outt, may be entred in the roll of Laws.
" 5*\ That the monie granted to be raised the Last Assemblie, for
" the support of this government, may, be accordinglie Imployed to
" the use it was intendsd, de that an accompt thsrof bs givsn att the
" nsxt Sitting of Asssmbly, according to ths trus intent of the said
" act and makers therof. <
"Philadelphia, thell"1 2 m", 1694. Signsdby order of ths house,
"by DA. LLOYD, Speaker."
Which having been read, The Leiv' Governor desired M' Speaker
to take it again, de att the next sitting of Assemblie they might offerr
that, or ante thing slse, to his Excellencte's consideraon.
M' Speaker answered, that hee had orders from their house to pre-
ssnt that Rsmonstrancs to ths Leiv' Governo', but had no orders from
them to take it again.
Then ths Leiv' Governo' said: M' Speaker,- The Councill having
taken into their cansideraons the reasons for yor desire to be adjourn
ed till the 20th of May, which will fall on a Sunday, They have ad
vised and Consented that you should be adjourned to the 22d of May-
next ; And accordinglie, I doe adjourn you to the sd day, Hopeing to
meet again att that tims as good frisnds as wee part. So, gentl. , I wish
you well to yo' homes.
M' Speaker. Wee thank the Leiv' Governo'; de departed.

[21st May, 1694.
Att a Councill Held att Philadelphia on a Moonday, The 21" of
May, 1694. present :
His Exeellencte BENJAMIN FLETCHER, dec.
Wm. Markham, Esq'., Leiv' Governo'.
Andrew Robeson,~j w _. . ~)
Robert Turner, ^Esq". Wm. Clark, .g „
Patrick RobinsonJ Lawrence Cock j
His Excellte did Signifie to the Councill that hes had Sumoned ym
to Consider of what is propper to be offered to the Assembly for their
Mattes' service. It is the opinion of the Councill that no monie will
be granted.
Adjourned till to-morrow morning. 36

422 MINUTES OF THE
[22d May, 1694.
Att a Councill Held att Philadelphia on a Tuesday the 22a of
May, 1694. PRESENT -.
His Excelly. BENJAMIN FLETCHER, dec.
Wm. Markham, Esq'., Leivt. Governo'.
Andrew Robeson, 1 Wm. Salway, "1
Robert Turner, |Esq". Wm. Clarke, i-Esq".
pat Robinson, j Geo. forman. J
The rest of the Representatives that wer not attested, nor had
taken the oaths de Test, Viz: Richard Hallywell, Henry William &
Jn" Donaldson, for the Countie of New castle, took the oaths ap-
pointed to be taken in Stead of y" oaths of allegiance and Supremacie,
and subscribed the test. John Brinckloe de Richard Wilson, for the
Countie of kent, and Luke Watson, for the Countie of Sussex, did
the same. Edward Blake de Wm. ffreeman, for Newcastle & kent
Counties, did subscribe the declaraon of fidelitie de profession of the
Christian faith, &c Test.
Adjourned till to morrow morning.

23d May, 1694.
Att 9. Councill Held att Philadelphia on Wednesday the 23d of
May, 1694, PRESENT :
His Excellie BENJAMIN FLETCHER, dec.
Wm. Markham Esq'., Leiv' Governo'.
Andrew Robeson,! Lawrence Cock, ~)
Robert Turner, ]>Esq"- William Clark, >Esq;\
Pat. Robinson, J George Forman. J
His Excellte Ordered Secrie Robinson to Call the Speaker and
Assembly. The Speaker and Assembly being present, His Excellte
spoke to ym as follows :
"M' Speaker, and you Gentl. the Representatives of this province,
" I had designed to have mett you here the tenth ofthe Last mo,
" according to the writts which I directed to Issue for calling this as-
" sembly, But their Maties service required my hastie repair to Albany,
" upon Intimation that the five Indian nations ( who have hitherto
?' been faithful! to the Crown of England,) wer now debauched to '
" the french interest, and entring into League with the Governo' of
" Canada. " This Defection appeared to mee with so ill an aspect when I con-
" sidred the Consequences of it, not onlie to New yorke, but to this
"province Si all the nighboring Colonies, that I thought myself
" obliged to Lay all other bussines aside, & apply ths outtmost of my
"endeavours to prevent so great a mischief. I could willinglie have
" spared my self this journie, if my dutis to thsir Maties de my affec-
" tions to you, their subjects of this province, had not Compelled me
" to it. ¦

PROVINCIAL COUNCIL. 42.3
i
"lam therfore Come with a true de Unfeigned Zeal for your saftie
u de prosperitie, to Lay this Matter before you ; and in order to your
" full satisfaction, I have brought with me the papers relating to the
" Conference I had Latelie with these Indians, by which you may ses
" what thsy alledge. I must also assure you that yor Indians here
" will be compelled to join in this fatall Confederacte.
" I have Latelie seen, with a heavie heart, fourescore fine forms
" all deserted about Albany, after the great sxpence of the owners in
" building de Improving, which has been occasioned rather by the
" unkindness of our Nigbbours, who refused us their assistance, than
" by the force of the enemie. Could we have found men to secure
" our advance posts, Cbnestiguna and the Half Moon, these farms
" wold have flourished still. I pray God this Leprosie may spread no
*' farther ; but I much doubt those who have shutt their eyes att a
u distant danger, will find it come to their owrie doors.
"I am bound, as well in Justice as gratitude, to acknowledge our
" Nighbours of the Jerseys have done more in the Comon defence than
" all the other adjacent provinces : they sent us foure Hundred pound
" in Silver, Sixty odd proper men, well armed, wbo passed upon dutie
" on the fronteers one year. They have now sent up thirtty men att
" their owne Charge, and Considred of a way for their maintainance
" during the warr.
" Gentl., I consider yo' principles that you will not Carte arms
" nor Levie Monte to make warr, though for your own deferice, Yet 1
" hope you will not refuse to feed the Hungrie and Cfoath the Naked.
" My meaning is, to supply those Indian nations with such necessa-
" ries as may influence them to a Continouance of their friendship to
" those provinces. And now, Gentl., If you will consider wherin I
" may be useful to you, according to the tenor of my Comission, in
" redressing yo' greivances, (if anie you have,) you shall find me
" readie to act by the rules of Loyaltie, with a true regard to Libertie
" & propertie."
Majo' John donaldson, Sam11 Richardson, de Capt. Luke Watson
from the rspressntatives, desired the Copie of his Excellie's Con
ference with the Indians of the five Nations att Albany, for the peru
sall of the House, which are ordered them accordingly.
Major donaldson, with foure others of the Assemblie, in behalf of
the house, did give his Excellie thanks for his favorable speech, de
desired they may have a Copie of it, which bis Excellie ordered to
be delivred so soon as Copyed.
Andrew Robgson, Rob' Turner, Wm. Clark, de Wm. Salway,
Esq"., are appointed a Committee of the Councill, to Inspect the exe
cuon of the act of assemblie granting to their Maties the rate of One
penny in the pound, to Calculate the amount yrof, how much, paid, .
how much in arrears, the Nett value in Newyork monie, and in
Sterling monie of England, and what may be the most proper me
thods to be used for gathering in the arrearages forthwith, and to
make report to his Excellte in Councill to-morrow afternoon.
Adjourned till to-morrow morning.

424 MINUTES OF THE
[26"' May, 1694.
Art a Councill Held att Philadelphia the 26*" of May, 1694.
PRESENT :
His Excelly BENJAMIN FLETCHER, dec
Wm. Markham, Esq. Leiv' Governo'. •¦ v
And' Robeson, "| Wm. Clark, "\ ''
Rob' Turner, >Esq". * ? Geo. forman, ">Esq".
pat. Robinson, J Lacy Cock, J
The Speaksr and ths whois houss attended his Excellie.
Ths Speaker did address his Excellie, Saying; that the house had
appointed a Committee to Consider of amendmsnts in the Laws past,
& dssired to know of his Excellie if those Laws wer confirmed by
their Maties, or disapproved.
His Excellie was pleased to Answer that hee had received no Letter
from Court Concerning them, but understood from a private hand
in England that manageth some bussines there for the province of
Nswyork, that ths Laws of Nswyork and his othsr -government are
befor the attornte generall, being referred to him for his perusall.
The Speaker did present some greivances'i which his Excellte pro-'
mised to take into Consideration, with the advice ofthe Councill, and
to remove anie greivance that Lay in his power to doe; and for amend
ments of Laws, that hee should be glad they wold all study amend
ment in Laws ds everie thing else.
His Excellte ordered the reading of the proceedings att Albany
with the Indians, in the beginning of this Mo.; which was accordinglie
done. Adjourned till afternoon.

POST MERID.— AFTERNOON.
PRESENT :
His Excellie BENJAMIN FLETCHER, dec.
Wm. Markham, Leiv' Governo'.
And' Robeson, ? w „ pat. Robinson, > „ „
Rob' Turner, \ ^sq ' William Clark, $ ^s<* '
The house of Representatives, amongst other greivances, dssired
that ths Clark of the markstt in Philadelphia may be rsmovsd from
his offics, for several! misdemeanors in the execution therof.
His Excellte in Councill taking into Consideraon that there is no
particular charge ag' the Clark of the Markett, It being his privilsdge
to hsar de ans' ante accusation which may be brought ag' hini befor
the proper Judges,
It is resolved that it is not expedient to remove him from his office
until hee be convicted of some misbehaveour to deserve it.

PROVINCIAL COUNCIL. 425
The Representatives having desired that the probates of wills may
be done in each Countie, His Excsllis in Councill did agrss, that the
wills be proved de administraons granted in the rexive Counties by
such persons *>s shall be appointed for that purpose by the ordinarie.
The Representatives Having also desired that more ferries may be
appointed over Skuillkill, His Excellie understanding that the appoint
ment, of ferries is the right of the proprietarie, In respect and Justice
to the proprietarie, hath referred this matter to the proprietarie's
Comissioners, who are desired to make their report therof.
As to the Complaint for ssazing the boat & Imprisoning ths boat
man, It appearing to his Excellie to have been done by ord' of ths
Leivt. Governo' de Councill for their proceeding in the ferrie Contra-
rie to the proprietarie's appointment, fit. to his Excellies ord' since;
Which is also referred to y° Comrs of his proprietie.
His Excellie appointed Leivt. Governo' Markham, Andrew Robe
son, pat. Robinson, Wm. Salway de George Forman, Esq", a Co
mittee to join a Comittee ofthe Assemblie for the amending the errors
of Clarkshipp de ommissions ofthe Laws Mentioned in the Last year's
Assemblie their petion of right, to meet att eight of the Clock Moonday
morning, att the old Councill room, which was accordinglie done.
The Comittee appointed by his Excellie the 23d of May instant, to
inspect the execuon of the act of Assemblie granting the pennie per
pound, Reported to his Excellie in Councill, that having examined
the severall rates of the rexive Counties, did find that in most of the
Counties there have been great errors Si partialitie Comitted by the
assessors in Undervaluing their owne de others estates, wherby the
whole amounts but to 7601b. 16s. 2d. monie of pennsilvania; In
mohie of Newyork to about 7001b; In English monie about 5601b ?
Which 601b. may come short in the Sallaries for collecting the same
de in Runawayes, So that the Nett produce may be about 5001b..
English money.
The Rates of tlie Severall Counties, with what is paid to the Re
ceiver generall, and what is in arrears.

LSD

LSD

LSD

Countte of Philadelphia,

314 11 11

243 0 0

72 11 11

Countte of Newcastle,

143 15 0

000 0 0

143 15 00

Countie of Sussex,

101 01 9

45 0 OAr".

56 01 09

Countie of kent, Rated,

88 02 10 paid

61 8 4

26 14 06

Countie of Chester,

65 00 07

68 1 0

6 19 7

Countie of Bucks,

• 48 04 01 •

000 0 0

48 4 1

760 16 2 4t)6 9 4 354 6 10.
And the said Comittee Likewise Humblie offerr to his Excellie in
Councill, that warrants be forthwith Issued to the rexive Collectors of
the severall Counties, requiring them that they speedilte ssnd up the-
arrears, which was accordinglie order'd.

36?

426 MINUTES OF THE
[_29,h May, 1694.
Att a Councill Held att Philadelphia the 29'h of May, 1694.
PRESENT :
His Excellie BENJAMIN FLETCHER, &c.
Wm. Markham, Esq., Leiv' Governo'.
And' Robeson, !„ „ Lawrence Cock, >„ „
pat. Robinson, jEsq . Geo. Forman, \ Es1 '
Wm. Clarke, J J
His Excellte proposed to the Councill that since the Assemblie were
sending their time and doing nothing in Complyance to what he had
offered to them, they bs sent for, the Queen's Letter for assisting New
york Laid befor them for consideraon, and that they be required to
give a positive ans' ; Which is approved of.
¦M' Bleake, dec. from the House of representatives, came to ask if
his Excellte wOld pass two Laws which that houss allsdgs to have
been omitted by the Clark Last assemblte, which his Excsllte took to
consideration. His Excellie desired the opinion of the Councill, If those two Laws
concerning stealing and robberie should pass or not. Caried in the
affirmative. Ordered that M' Robinson doe Carte back the two Laws to the
house of Representatives, and acquaint them that his Excellie is
readie to give them such sanction as the rest of the Laws contained
in the roll had, And that his Excellie expects they have some regard
to what hee had proposed to them, and Commands Mr Speaker and
the whole house to attend him in Councill in the afternoon.
Adjourned to 3 a Clock in the afternoon.

POST MERID.
Three a Clock afternoon.
present:
His Excellte BENJ" FLETCHER, dec.
Wm. Markham, Esq'., Leivt. Governo'.
And' Robeson, ") Wm. Clark,
Rob' ~
Pat. Robinson,
His Excellie ordered M' Jamison to desire the speaker de the whole
house to attend his Excellie in Councill forthwith, which was done.
The Speaker and Rspresentativssbsing present, His Exceltencte said:
" M' Speaker de you gentl. of the Representatives of this province,
" you may Remember that I did desire you to doe something which I
" thought needfull for their Majesties service and your own preserva-
u firm ir\ o uroir amvooKlo +r» xrr\r aiitho nnn.inln. ^.U:rtU Z_ *_ J*..J ,L.

Robeson, ") Wm. Clark, 1
Turner, I Esq". Wm. Salway, J. Esq"*,
Robinson, J Geo. forman. J

1 tion in a way agreeable to yo' owne principles, which is to feed the

PROVINCIAL COUNCIL. 427
" Hungrie and Cloath the naked. The Indians ofthe five nations are
" a Barrier and Defence to you de all the English Colonies on this
" main; your saftte and interest is Concerned ; they are poor and
" naked, and in this tims of warr havs Lost ths Libertie of hunting,
" which is their onlie support. Thsy are objects of yo' charitie. I
" judged it so reasonable a demand as could not admitt of delay. I
" sent you the minuts of my Last Conference with them for yo' satis-
" facon, wherby you may see that although they are brought verie
" Low and discouraged, yet not so farr gone as to be past retreive ; I
" know but two methods to be used witR these heathen ; they are to be
" held by Love and fear. I have been plajn with them, and given one
"Hundred dayes to Consider of their answer from the time of my
" Last Conference, then I intend to meet them with the sword in one
" hand and presents in the other.
" Gentl. It were verie Convenient you did supplie mee with some
" Considerable present of cloathing and food to be given in the name
" of the province of pennsilvania de Countrie of Newcastle : you shall
" have a particular accompt ofthe disposition therof. I doe think of
" other methods to gett forces to appear with me, not to trouble or
" molest ante of yo, people; This I take to be the onlie way Left att
" present to prevent the Indians falling off, and all the Calamities that
" will attend it in this province, as well as the rest; you have not as
" yet regarded it, for ought I can Learn.
" Gentl. You have the Queen's Letter Comanding assistance to New
" york, which ought to have greater force than my arguments : I ex-
" pected hsr Maties Comands would havs so far prevailed. The origi-
" nail was shown to the Last Asssmblis, which I suppose may be
"entred in yor books, or a Copie therof upon file with yo' Clark. 1
" had no positive ans' from them, & expect one from you.
" Gent. You are witnesses that I am readie to serve you, to doe ante
" thing in my power you can think of for yo' ease de Satisfaction. I sett
" up for no arbitrarie Comand, have putt no stranger over you, treated
" no man rudely, de am as readie to grant what is in my power to serve
" you as you to ask. I have as great a regard to the interest ot yo'
" proprietor as ante man in the government, and wold not goe about to
"hurt it ; But I find you slow in bussines, which makes mee think wee
" shall have no sessions this time. Gentl. Some of you may Remem-
" ber I proposed to ths Last Asssmblie to Consider of some fund for
" the support of ths govsrnmsnt, which is verie needfull, but they did
" not think fitt to Consider of it further than that they franklie de ge-
" nerouslie gave a pennie in the pound to their Maties, and designed one
" half therof as a mark of their respects to mee, for which I thank ym.
" I doe Resolve you shall see how the other part of it is disposed de what
" the whole amounts to befor I leave you; I have Issued Orders for the
" speedie Collecting of it, and if there is nothing else for you to doe, I.
" will adjourn for some time untill it come in; Therfore, gentl. I shall
"expect yo' ans' If you'll give anie thing to feed and. Cloath our
" Indians ; Consider of it, and of what I have now said. Gentl. you
" may withdraw to yo' House.
. Adjourned till 30"1 instant.

428 MINUTES OF THE
[30* May, 1694.
Att a Councill held at Philadelphia the 30ffi of May, 1694.
present :
His Excellie BENJAMIN FLETCHER, &c.
Wm. Markham, Esq'., Leiv' Governo'.
And' Robeson, ~J Wm. Salway, ~]
Rob' Turner, J»Esq"- Wm. Clark, J»Esq".
pat. Robinson, J Geo. forman, J
His Excellie Ordered Wm. Clark, EsqJ. to acquaint the assemblie
that his Excellte expects their answer to what he had offered to them
yesterday afternoon, de desired to know if Jher was anie bussines to
offerr ? Who returned in answer that they had nothing to offerr this
morning ; that they wer upon the Consideraon of what the Governo'
spoke to ym yesterday, and believed they should have something to
offerr. this afternoon*
Adjourned to the afternoon.

[Post merid. POST MERIDIEM.
PRESENT : l
His. Excellte BENJAMIN FLETCHER, &c
Wm. Markham, Esq'., Leiv' Governo'.
Robert Turner, "1 w a ^ 1
pat. Robinson, |>Esq". Geo. forman. H5*-"
Wm. Salway, J J.
Ordered, the Secrie ask the assemblie if they have ante thing else
to offerr to his Excellie & Councill this afternoon. The Secrie Re
turned that they had something to offerr presentlie.
Wm. Biles, dec, from the House of representatives, brought up two
Bills and presented them to his Excellie ; The one Concermng the
regulaon of tobacco Cask, the other to stopp the transport of tobacco
from Maryland to the Lower Counties, by Land or otherwise, not
having first paid the dutie to their Maties.
The said two bills wer read the first time. Ordered a second reading
ofthe bill to regulate the tobacco Cask.
Ordered, The Leiv' Governo', Andrew Robeson and Wm. Clark,
Esq" . be a Comittee of the Councill' to conferr with a Comittee of the
Assemblie Concerning ths bills for regulating ths Cask for tobacco,
and ag' transporting of tobacco from Maryland, without the king's
dutie being paid.
Ordered, Secrie Robinson to acquaint ths House of this ord', &
desire thsm to appoint their Comittee, to meet the morrow morning.
Adjourned to the 31? of May instant..

PROVINCIAL COUNCIL. 429
[31" May, 1694.
Att a Councill Held att Philadelphia tlie 31s' day of May, 1694.
present:
His Excellie BENJAMIN FLETCHER, &c.
Wm. Markham, Esq', Leiv' Governo'.
And' Robeson, "1 j,,™^, T
pat. Robinson, LEsq". fj^' W.
Wm. Clark, J Geo' forman' j
The Comittee for Considering the two bills Having Returned them
with amendments, they wer ordered a third reading, and George For
man to Carte them down to the house.
The house of representatives sent up severall new bills de a regu
lation of fees.
Adjourned to the Is' of June, 1694.

[1" June, 1694.
Att a Councill Held att Philadelphia the'l1' of June, 1694.
present:
His Excellie BENJAMIN FLETCHER, &c.
And' Robeson, ? *, - pat. Robinson, > „. ri„
; Rob' Turner, $ ^' Wm, Clark, S *'
Ordered, the bill for Levying Countte rates be read the first time,
which was done. Ordered a second reading.
Ordered, the Law concerning fees be read. the first time.
Ordered, the reading ofthe bill for regulating weights de measures,
which was done.
Ordered,, the reading ofthe bill for Continouihg three Laws, which
was done.
His Excellie Ordered Wm. Clark de Geo. Forman, to acquaint
the House of representatives that his Excellte did expect to hear from
ihem something in ans' to the Queen's Letter, to know what they are
a doing, and to desire thsm to dispatch this affair, and appoint a Co
mittee of their house to join a Comittee of the Councill this afternoon
to Conferr upon some amendments of those bills sent yesterday.
The Leiv' Governor, Andrew Robeson, Robert Turner, pat. Ro
binson & Wm. Clark, are appointed the Comittee to Conferr with a
Comittee ofthe House of representatives accordinglie, this afternoon
att three ofthe Clock, in the old Councill roome.

430 MINUTES OF THE
[2" June, 1694.
Att an Assemblie Held att Philadelphia the 2d of June, 1694.
present :
His Excellie BENJ" FLETCHER, dec.
Wm. Markham, Esq'., Leiv1 Governo'.
ArfRote™, "j Wm. Clark, ' 1F „
Wm. Clark, Esq', returned the bills, with the amendments agreed
upon to be presented by the Comittees of Councill and Assemblie and
humblie Submitted, which wer ordered to be read.
His Excellie the Governo' and Councill doe agree to the bill for
regulating weights &, measures, with these amendments ; That the
Governo', with advice ofthe Councill, appoint the officers in Phila
delphia and Newcastle, and the forfeiture of five pounds therin to be
to the king.
His Excellie the Governo' and Councill, doe agree that the three
old Laws ag* usurie, Sale of Intestate's Land, and taking Lands' in
execuon for debts which did expyre by their owne Limitation, be
formed into bills & enacted de Novo.
Ordered, George Forman, Esq', doe require the Speaker and the
whole House to attend his Excellie in Councill forthwith ; who giving
attendance, His Excellte said : " W Speaker and you gentl. the representatives
" of this province, there are some Laws which wer Comitted to a Co-
" mittee of Councill and Assemblie yesterday afternoon. They are
" returned this morning with some amendments agreed unto by the
" Comittee. I am willing to agree to what I find the opinion of the
" Comittee, Onlie there is one Law which verie much concerns you
" de yo' posteritie, which I cannot approve of. It is the Law for
" raising monie to defray the Countie charges. I disapprove of the
' method which you propose, being repugnant to the Law of England.
" You may bring a Slaverie upon yo' posterity after you, which I
" will not consent unto. I have the appointment of Justices of y*
" peace over you, but I declare I cannot answer for everie person that
" is recommended to me for that trust. By the Law of England, if
" understood right, no monie Can be raised to defray the Countie
" Charge but by the consent of the grand Jurie, which* represents
"the people of the Countie as you doe the bodie of the whole pro-
" vince. I am as willing yo' debts be paid, and everie thing needfull
" should take effect for' yo' ease and good as yo' selves ; but this I
" take to be otherwise. I have no Interest in it nor can have none.
" Mr Speaker, you must needs know this to be repugnant to the Law
" of England, therfore, wold have you Consider of it, de of a proper
" method for paying yo' Countie debts, & I shall agree thereunto.
Gentl., There is one thing more ; I wold have you to Lett me know
how manie bills you have before you. The time is short, therfor,
pray dispatch them.

PROVINCIAL COUNCIL. 431
-[4* June, 1694.
Att a Councill Held att Philadelphia the 4"* of June, 1694.
psent:
His Excellie BENJAMIN FLETCHER, dec.
Wm. Markham, Esq'., Leiyt. Governo'.
And' Robeson, \ „o _ pat. Robinson, } -
Robert Turner, S ^sq ' Wm. Clark, $ esq '
His Excellie Ordered Secrie Robinson to ask of, the Assemblie if
they had anie thing to ofterr this forenoon, Who returned in ans' that
they wold have nothing to offerr till 4 a Clock in the afternoon.
Adjourned till 4 in the afternoon.

(^"¦June, 1694.
Att a Councill Held att Philadelphia the 5th day of June, 1694.
present :
His Excellie BENJAMIN FLETCHER, dec.
And' Robeson, "I William Clarke, 1„ „
Wm^y? f^ George Forman, jE^ "
Edward Blake, from the Representatives, brought in a bill for regu
lating fees.
Adjourned to 6"1 instant.

[6th June, 1694.
Att a Councill Held att Philadelphia the Sixt of June, 1694.
present:
His Excellie BENJAMIN FLETCHER, &c
Wm. Markham, Esq'., Leiv' Governo'.
And' Robeson, "| Wm. Clarke, ""|
Rob' Turner, 5»Esq"? Law' Cocke, "^Esq".
pat. Robinson, J Geo. forman, J
The bills ag' Usurie, taking Land in execuon, de sale of Intestates'
estates, read a third time ; that of Usufie to be amended, & the word
(divided, dec.) taken away, de instead therof: (the one half to the use
of the king, the other to the informer.)
The bills about weights and measures, regulating tobacco Cask,
de tobacco transported by Land from Maryland, read a third time.
Adjor. to 7'" instant.

432 MINUTES OF THE
p"" June, 1694.
Att a Councill Held at Philadelphia the 7* day of June, 1694.
present:
His Excellie BENJAMIN FLETCHER, dec.
Wm. Markham, Esq'., Leivt. Governo'.
And' Robeson, "J Robert turner ]
Pf • R°binson> VBaq-. Law' Cock, ^Esq".
Wm. Clarke, f Geo. forman, |
Wm. Salway, J J
His Excellte Ordered the reading of a bill giving one pennie in the
pound, wherof 2001b. to Coll. Markham, 2001b to Mr Lloyd, and the
remainder towards presents to the Indians.
His Excellie desired the opinion ofthe Councill Concerning the sd
bill. The Councill are of opinion that the sd bill Cannot pass, and that
it is no answer to the Queen's Letter, nor does anie thing towards the
support of the government.
His Excellie sent for the Speaker & the whole house, and then
said :
" M' Speaker, dec. You have mistaken the form of the bill., 1
" can pass no bill to Leavie monie on their Mattes Subjects for my-
" self, or for the use of ante other person whatsoever. Their Maties,
" or their particular service, must be first regarded in all Leavies,
" and if you design a favour for Coll. Markham or M' LLoyd, your
" method is to raise a fund answerable to the Queen's Letter and their
" Maties expectations for the securitie of the fronteers and assistance
" of Newyork, and then to pray their Maties wold be pleased to allow
" outt of that sum what you- intend for. these gentl. I find you goe
" about to appoint yo' owne Collector : as you cannot raise monie or
" give it to anie other but their Maties, So you Cannot appoint such
" an officer; Indeed it appears an Unmannerlie distrust ofthe person
" in that office alreadie Comissionated, and it Looks Like putting it
" outt of their Maties power (if you could) to disallow of yo' act. I
" shall suspend my determination as to the other bill till you Con-.
" sider better of this, and doe again putt you in mind of a possitive
" answer to their majesties Letter."
Adjourned till morrow morning.

[a*" June,/ 1694.
Att a Councill Held att philadeiphia the 8"1 of June, 1694.
PRESENT :
His Excellte BENJAMIN FLETCHER, dec.
Wm. Markham, Esq'., Leiv' Governo'.
And' Robeson, "1 ™ n, , "\ ,
Rob' Turner, ' JJEsq-. Wm- Clarke, 1 '
Wm. Salway, J Geo- forman' j q .
M' Blake, dec. from the House of Representatives, presented" an

PROVINCIAL COUNCIL. 433
address, wherin they pray the passing of the Bill for the 400a to
Coll. Markham de M' LLoyd, and alledge it warrantable ; which was
read. The said gentl. giving his Excellte accompt that the house are
Considsring of an ans' to the Queen's Letter, to give them time to
deliberate, His Excellie did adjourn till morrow morning.
Adjourned till 9°' of June 1694.

[9th June, 1694.
Att a Councill Held att Philadelphia the 9th day of June, 1694.
present :
His Excellie BENJAMIN FLETCHER, dec.
Wm. Markham, Esq'. Leiv* Governo'.
And' Robeson, \ Wm. Clarke, 1 „ „
Robt Turner, lEsq". Geo. forman, W'-
pat. Robinson, J J
The memoriall of And' Hamilton, esq', given in to his Excsllie de
Councill, was read and recommended to the Consideraon of the
Assembly, and was ordered to be carted to them by Wm. Clark,
Esq'. the House of Representatives having Considered the said paper,
doe find no Cause att present to add to the Sallerie belonging to the
post office as established by the law made here Last Assembly.
M' Bleake, Major Donaldson, Sam" Carpenter and Wm. Biles,
brought up a Remonstrance in ans' to the Queen's Letter, which was
read, viz :
" To Benj" ffletcher, Capt. Generall and Governor in Chief of this
" province of pennsilvania and Countrie of Newcastle. The Remon-
" strance of the freemen of the said province and Countrie in gene-
"rall Assemblie' mett, Humblie Sheweth: That having read thy
" speech delivered us the 23d of the 3d mo., 1694, as also having
" Considered the message sent us from thee and the Councill on the
" first day of this M0., with respect to the Queen's Letter, Wee find
"upon perusall of the minuts of Assembly held here about 12 M°.
" agoe, that the rate, or tax, then granted to ths king and Queen, was
" in Complyance to the aforesaid Letter, so farr as the religious per-
" suasion ofthe most part of that Assemblie could admitt; and
" although the said tax amounted to seven hundred and sixtie pounds,
," and the greatest part therof paid in by the Countrie to ths rexive
" Collectors, and (as it seems) in great readiness to be received by
" the Treasurer, which wee looke upon to be a verie Considerable
" dsmonstraon of our realitie and affection towards the king and
" Queen, Considering the Circumstances and infancie of this place,
37

434 MINUTES OF THE
" arid whaitour nighbouring provinces (who are of much more abili-
'¦• tie, but under no Less obligaon than wee are in that respect) have '
" Contributed upon the Like occasion ; Yet notwithstanding all wee
" have done, wee find that wee are not suteablte represented to the
" Indians in the Late treaties thou had with them att Albany ; and
" not onlie soe, but wee perceive by thy speech that the five Indian
" nations (who till of Late have been faithfull to the Grown* of Eng-
" land) are now drawen oyer to the french interest, and our Indians
" here Like to' be Compelled to join in that fatall Confederacie,unles
" prevented through thy prudent management in returning the said
" five Nations to their former friendshipp with the English ; for the
" accomplishment wherof, If what has been raised for support of go-
" vernm', (allowing a Competent Consideraon lo the Leiv' Go' for his
" Last year's service,) or in case ante thing that wee shall Contri-
" bute towards the Supplying of the Indians with necessaries for food
"and rayment, shall receive that Candor as to he accompted or assist-
" ance, In order to influence and gain them to a Continouance of
" their former amitie with these provinces, wee shall with all readi-
" ness acquiesce that a Suteable proportion of the monie raised, or
" intended to be raised de appropriated by us to that use, Shall be
" reputed and taken as a support to this governm'. Therfore, wee
"desire that wee may be accordinglie Represented to the Indians, &
" not rekoned among those that refuss to Comply either with the
" Queen's Letter or thy Just Comands, which otherwise may. prove
"of ill consequence to us. Sigried by ord' ofthe house,this 8,b4*1,Mo.
" 1694, p. DAd LLOYD, Speaker."
Adjourned till afternoon.

[Post merid. POST MERIDIEM.
PRESENT:
His Excellie BENJAMIN FLETCHER.
Wm. Markham, Esq'., Leivt. Governo'.
And' Robeson, "| Wm. Salway, "1
Rob' Turner, VEsq". Wm. Clarke, {.Esq".
pat. Robinson, J Geo. forman, J
It is the opinion of the Councill that his Excellte dissolve the
Assemblie. Ordered, M' foreman call the whole house of representatives.
M' Speaker and the whole house being present, his Excellte said :
" M' Speaker, you have now satt nineteen dayes without the Least
Consideraon of their Maties Service in the Securitie of the province;
you have applied the first part of yo' time in the searching for grie
vances, which will all appear to be the effects of yor owne weaknes
in not redressing ym by the due course of the Laws, there not being
one of the foure you took such pains to hunt for hut must reflect upon
yo' proprietor or yo'selves.

PROVINCIAL COUNCIL. 435
You have Laid some bills before me. First, you desire me to give
Sanction to two bills ag' Robbing and Stealing, which tho' (as you
word ym) they are not Consonant to the Laws of ,England, yett att
yo' instance and request I doe allow of them, till their Maties pleasure
be further knowen. And so for the rest, viz: 2d, that for regulating
weights and measures. 3d, That for Regulating'Tobacco Cask. 4th,
That ag' Importing Tobacco by Land from Maryland. 5th, that for
Limiting the Interest of money to eight per cent. 6th, That to make
land and freehold liable to execuon for debt. 7th, That for Impower-
ing the widow and exers. to sell Land for paym' of debts.
These other bills I cannot pass. First, the bill for Countie Levies,
which appears most unreasonable and Contrary to the Laws of
England and the Comon practice in anie of their Maties dominions,
for particular persons to Levie money upon the subject wtout their .
owne Consent. A grand Jurie att the Quarter sessions doe represent
the Countie, and are Judges of the necessarie charges of the'Countie,
and may present such sums of money as are Convenient for the
repairing highwayes, bridges, &c. and the Justices take care to order
it accordinglie; But in this Bill the Justices and Representatives of
.each Countie are empowred wtout a grand' Juris, and ag' their Con
sents, to Levie money att pleasure, under a pretence of paying old
debts of twelve years standing. The Second is a Bill for Regula
ting fees. This power is by their Maties Letters patents invested in
the Governo' & Councill, de care shall be taken therof, as in the pro
vince of Newyork, to yo' generall satisfaction. i
The third is for a Saflarie for Assemblie men of Six shillings a day,
I recomended to yo' Care a support for the Leiyt. Governo', the
Judges & other officers who act by their Maties Comission in this
province, To which you have allwayes Lent a deaf eare ; And I find
yo' members of Assemblie have a way to gett their old allowance of
three shills. a day by. a bill for defraying Countie charges. This I
think, is sufficient wages.
The fourth is the moHey Bill, Wherin yotl have no regard to what
I proposed to you for their Maties service, In enabling mee to ans'
her Maties Letter for assistance to Newyork, tho' proposed in such a
way as is agreeable to the most tender Consciences among you..
You wold raise monie upon the subject ds dispose of it at yo' pleasure
to the two Late deputies in such a manner as I cannot consent to,
being Limited by my instructions. You wold also putt itt outt of*
their Maties power to approve or disallow of yo' gift ; you will not ''
trust the Receiver generall appointed by authoritie of tbe Crown, but
name one of yo' owne, who shall not be accoraptable for the sd sum,
but to the two Late deputies : And you wold by this bill give a certain
sum of 4001b. to those two gentl, who never acted by Imediate Comis
sion from the Crown, arid Leave the' uncertain fragment for the
support of governm', which, according to the measure of yo' Late ,
aplottmSnt, will not amount to 1001b. s' ; I am apt to believe to
nothing. Now Gentl. finding no prospect of yo' Inclinaons for their Maties,

436 MINUTES OF THE
service or your owne saftte, I think fitt to dissolvs this present assem
blie, and you are hereby dissolved.
The end of the Second Sessions of Councill and Asssmbly.

[5th Febry, 1694-5.
Att a Councill Held att Philadelphia the 5" day of February,
1694-5. present:
WM. MARKHAM, Esq'., Livet. Governo'.
Robert Turner, ? E „ Law1 Cock, ? _
pat. Robinson, 5 ' Charles Sanders, 5 , "
The Leivt. Governo' showed the Councill an Ord' from his Excelly
the Chief Governo', Requiring him that hee cause Jn° Donaldson,
Esq', be sworn one of the Councill for the province of pennsilvania
de Countrie of Newcastle ; which was accordinglie done. And the
said Jn" Donaldson Having taken the oaths appointed by act of par
liam' to be taken instead ofthe oathes of altegiance and Supremacie,
& subscribed the test, took his place att ths board accordingly.

26*' March, 1695.
Atta Councill Hsld att philadslphia the 26th day of March, 1695.
WM. MARKHAM, Esq'. Lsivt. Govsrno'.
Rob' Turnsr, ~) ~, ._., T- )
pat. Robinson, Lsq". Griffith Jones, /
Charles Sanders, J 4 Jn" donaldson, j 1
The Leiv* Governo' said to this effect: Gentl. I am glad of this
opportunitie to acquaint you thatl Have Latelie received their Maties
Letters' patents, by which they have been graciouslie plsassd to restore
the proprietor to the government of this province of pennsilvania &
territortes, and that ths proprietor has been pleased to send mes a
Comission to bs Govsrno' therof undsr him, both which Lye before
you for yo' perusall, and which I intend to Cause publish . forth
with ; But before I doe, or that I enter upon the government, or that
you are dismist from being their Maties Councill, I judge it Requisitt ¦
to take those oaths that Governors are by Law obliged to take, before
you, that you may be wittnesses thsrof; And I desire the secrie to
administer the same unto mee.

PROVINCIAL COUNCIL. 487
Wherupon, the Secrie did administer to the sd W"m. Markham, the
oaths appointed by act of parliament to be taken in sted of the oathes
of allegiance de supremacie, also hee subscribed the test, as also the
oathes appointed by the act of .parliam' made in the 12lb year of the
reign of Charles y" 2d, Entitled an act for the encouragement de
Increasing of Shipping & navigation ; de by the act of parliam' made
in the 15*h year of his sd reign, Entitled an act for the encouragement
of trade. All which oathes the sd Wm. Markham did Solemnlie take
in psence of the sd Councill.
The Leiv' Governo' did also desire the Secrie to Record their said
Maties Letters patents for Restoring the proprietor to his government,
and the proprietor's Comission to him to be Governo' under him, in
this minuts of Councill book.
The Leiv' Governo' then said : Gentl. I thank you for the true
allegiance and Loyaltie I have observed in you all to their Maties, o'
Soveraign Lord de Lady, Wm. de Mary, which you have showen by
yo1 readiness and willingness to their Service upon all occasions. I
also thank you for all yo' kindnesses to mee whilest Leiv' Go
verno', for all which you shall alwayes find mee readie to serve you
wherin I may. Pray gentl, As it is all o' duties, Soe let us hereby
jointlie givs o' hsartis thanks to his Excelly Governo' fletcher, for his
care of y° province, and for his affections to the proprietor and us,
Humblie beseeching Hfs Excellie that hee will be pleased still to Con
tinou ye same, assuring him of our true, sincere and unfeigned
respects and service to o' outmost ; To whicb all the Council Heartilie
assented., Then the Leiv' Governo' said: Gentl. I desire you will
attend the publishing of their Mattes Letters patents, which will be
the Last act you can doe as their Maties Councill under His Excellte
Governor fletcher; Whereby you will yet the more express yo'
readie obedience to their Maties Commands. Soe bid you Heartilie
farewell. Here follow their Maties Letters patents. '
Their Maties king William de Queen Mary's Letters patents restor
ing Wm. penn, Esq', proprietor of pennsilvania, to the governm' of
the said province :
William de Mary, by the Grace of God, king & Queen of England,
Scotland, ff'rance de Ireland, defend* ofthe faith, dec. Wheras, upon
informaon that by reason of great miscarriages in the government
of our province of pennsilvania in America, & the absence of the
proprietor, the same was fallen into disorder & confusion, By means
wherof not onlie the publick peace de admihistraon of Justice was
broken & violated, But there was also great want of provision for the
guard and defence of our sd province ag' our enemies, wherby it was
apprehended that our sd province de the adjacent Colonies, wer much
in danger of being Lost from the Crown of Englarid r for prevention
therof, as much as in- us Lay, & for the better defence de Securitie
of o' subjectslnhabiling those parts during this time of warr, Wee
did find it absolutlie necessarie to take the government therof into our
hands, and under our Immediat Care it, protection ; And did ther
upon, by Letters patents under our great Seal of England, bearing
37*

438 MINUTES OF THE
date the Twentie-first day of October, in the fourth yeare of our reign;
Constitute and appoint our trustie de well beloyed Benjamin Fletcher,
esq', our Captain Generall and Governo' in Chief of our province of
Newyork, to be our Captain generall and Governor in Chief in and
over our said province of pennsilvania de Countrie of New castle,
and all the Territories and tracts of Land depending theron in
America, with directions to take the said province and Countrie
under his government: And did therby grant unto him, the sd Benja
min Fletcher, and in Case of his death or absence outt of o' province
of Newyork de pennsilvania, our Countrie of New castle and our
Colonies of East and West New Jersey j unto such person as should
be appointed by us to be Commander in Chief of our said province
of Newyork, or to our Councill of our sd province, the Like powers
and authorities as wer granted by our Comission to the said Benjamin
Fletcher, bearing date the eighteenth day of March, in the said fourth
year of our reign, for the ruling de governing of o' sd province of New
york : and wheras, Humble application Has been made unto us by our
trusty and well beloved William' penn, Esq. proprietor of or sd province
of pennsilvania, that hee may be restored to the administration of the
government therof as formeriie: And wheras, the said proprietor
Has given us good assurance that hee will take care of the govern
ment of our said province & Territories, and provide for the saffe
and securitie therof all that in him Lyes, Wee have therupon thought
fitt to restore him to the administraon of the government of o' sd
province de Territories, and accordinglie, our will de pleasure is,
that soe much of our said Comission bearing date the twentie-first
day of October, in the fourth year of our reign, as doe constitute &
appoint our. trustie de well beloved Benjamin Fletcher, Esq'., to be
our Captain Generall and Governo' in Chief of our said province of
pennsilvania, Countrie of newcastle, de the territories de tracts of Land
depending theron in America, togetber with all the powers and authori
ties therby granted for the ruling and governing of our sd province
and Countrie, doe from the publicaon of these our Letters patents,
cease, determin & become void, and accordinglie, the same are hereby
declared void ; of which all persons whom it may concern are to take
notice de govern ymselves accordinglie, Under paine of our Hfghest ,
displeasure.- In wittnes wherof, wee Have caused these our tetters to
be made patents. Wittness OurSelves att Westminster^ ths twentieth
day of August, in the Sixt year of our reign.
Indorsed a duplicate of the grant 1 By writt of privie Seal, with
to William penn, Esq*. I the great Seal appended, in yel-
PIGOTT. ! low wax.
| PIGGOTT.

Wm. penn, propriatorie of pennsilvania, d&c. His Commission! To
Wm. Markham, to be Governor under him of the sd province and
Countries annexed.
Seal of the 1 William penn, proprietarie ofthe proyince of psnnsil>. ;
province f vania & Counties annexed,. to his Trustie and beloved
1 ' J friend and kinsman, William Markham, Greeting:
Being as yet unable to goe myself, and haying not time to make

PROVINCIAL COUNCIL. 439
anie other sstttements of publick affairs than that which followes,
And reposing special! Confidence in thy justice, prudence, and integri-
tie, I have hereby thought fitt to Nominate de appoint thee Governo'
of my said province, dec. under me, And I doe hereby declare and Con
stitute thee Governo' of the same as aforesaid ; Hereby also appointing
ds constituting for the more easie discharge of the trust reposed in thee,
Two assistants, viz : John Goodson and Samuell Carpenter of Phila
delphia, in the province aforesd, strictlie charging and requiring thee
in all things to govern according to the known Laws de usages therof,
and with the advice and Consent of bothj or one of them ; And par-
ticularlie, that Care be taken to Suppress all vice and disorderlie
walking, by reviving and zealouslie executing all those Laws that
tend to Sobriety — Strictlie charging all persons concerned tix give
thee de assistants the respect due to yo' respective stations in govern
ment; Hereby revocking all former Comissions granted by mee, And
this Comission to Continou in force till farder order from mee. Given-
att Bristoll, this twentie-fourth day of the ninth month, one thousand
Six Hundred ninty and four. WM. PENN.

Wm. penn's Commission to John Goodson de Sam'1' Carpenter, to
be assistants.
William penn, proprietary ofthe province of pennsilvania, dec, to'
his trustie & Loving friends John Goodson and Samuell Carpenter :
Wheras, I Have appointed and Constituted my Cousin William Mark
ham, Governour under mee of my province of pennsilvania, dec,
and taking into Consideration the state of the province, and his fre
quent indisposition, I have thought fitt, Reposing Speeiall Confidence
in yor Justice, prudence &, Integrifie, To appoint and Constitute you
assistants to him. in government, according as is expressed in his
Commission, by your advice and Consent, or the advice and Consent
of one of you, to transact and govern the affairs ofthe said province
in my absence, according to the Laws de usages therof; Requiring
all people to give you the respect that is due to you in that station
and Capacitie. Given att Bristoll, this Twenty-fdurth day of the
ninth month, 1694. WM. PENN.

[Philadelphia, 23d Aprill, 1695.
Att a Councill Held att Philadelphia Die Martis, 23d Aprill, 1695.
present :
WM. MARKHAM, Esq'., Go', under Wm. penn, dec.
Sam" Carpenter, David Lloyd, Jn° Donaldsonn,
Sam11 Richardson, Caleb pussey, Jn" Williams,
Anthony Morris, George Maris, Richd Hallywell.
Upon reading the petion of Wm. Troutt, It was ordered that the,
triall of the Seizure of the briganteen yrin named, should be in the-

440 MINUTES OF THE
Countie of Chester, upon the IS"1 of Aprill instant, and that a Comis
sion be- accordinglie granted, & a warrantt to the sheriff of that
Countie to Summon a Jury.
Upon reading the petion of Jn" Holme, It was ordered y' Sam" Rich
ardson, David Lloyd de Anthonie Morris, doe inspect the acco" in the
sd petion mentioned, and make report this afternoone.
Upon reading ths petion of Sam" peres, It was ordsred That exe
cuon de all further proceedings att y* Comon Law be stop't till ye
cause yrin mentned be heard at next provinciall Court in equitie.
Upoh reading the petion of Ralph Ward, Ordered y' Hee de the
Sheriff complained ag', appear att this board to-morrow morning.
Upon reading the petion of Jn° king, Ordered y' Eliz'. Hooton, by
her self or attornte, appear to-morrow morning att this board, To
show cause (if anie they have) why a procedendo should not Issue,
& y' y° Secrie give her a Copie of ye sd petion & of this order.
Upon reading the petion of Edmond Dutton, Ordered y' hee &:
Sam" Atkins, Complained ag', appear to-morrow morning att this.
board. Adjourned': to 5 post meridiem.

POST MERID.
Five in the afternoone.
present:
WM. MARKHAM, Esq'., Governo', de others, as in the forenoons. '
Sam" Richardson, David Lloyd de Anthony Morris, Reported to
this board, That by the inspection of ye acco*5 mentned in Jn" Holmes'
petion, the estate of Nicholas de Marie More's, deceased,, are Consid-
erablie indebted to severall psons upwards of 3701b. And yrfore, ¦
the Go' de Councill ordered, That the sd Jn° Holme might be per
mitted & allowed, de is hereby permitted de allowed to soil ths plan-,
taon of Green-spring, with all yi Lands <fc improvments therto belong-
ing, de such parts of the mannor of moreland as dscsndsd to Sam11
Mors, deceased, or were Lotted outt for ye sd Sam" de Rebecca Mores,
deced, as may amount to what they dyed indebted to him, ye sd Jtf
Holme de others, and'such other parts ofthe estate ofy" sd Nicholas,1
Marie, Sam" de Rebecca Mores, deced, as will onlie defray their just
debts, & the educaon ofthe said Nicholas Mores' Surviving children,
de the better Improvment ofthe remainder ofthe sd estate, according
to Law. And further Ordered, that the members of Councill for the
CoUntie of Philadelphia, or ante two of ym, may supervise the sd
sales that they be made for true & valuable Consideraons dr not
undersold. Adjourned. to > 24"" Aprill instant.

PROVINCIAL COUNCIL. 441
[24°' Aprill, 1695.
Att a Councill Held att Philadelphia Die Mercury, 24*b Aprill,
1695. present:
WM. MARKHAM, Esq'., Governo', und' Wm. penn, &c.,et ysdem
ut antea.
John More appeared on y° behalf of Eliz. Hooton de Jn" king, by
himself de Griffith Jones on his behalf, and upon reading yB sd Jn°
king's petion, de some debate yron by the attornies on both 4sides,
The further debate yron was referred to the 18th day of May next.
Upon Reading the petion of Ralph Ward, Ordered y' y* sd Ralph
paying y° two fines of ten shills. each, de the Lau" charges, y' y" Sheriff
return him y" goods taken upon execuon, If unsold.
Upon reading the petion of Edmond dutton, agv Sam" Atkins, Sam"
having had notice to appear de ans' y° same but did not, Ordered, y'
both the execuons of both the sd Judgm* obtained by ye sd Sam"
Atkins ag' the sd Edmond dutton, be stopt, de y' the whole matter be,
and is hereby referred to the further Consideraon, explicaon de deter-
minaon of ye next provinciall Court in equitie.
Upon reading the petion of Hugh Hall ag' James Stanfield, By the
consent of the said James, It was ordered y' Hugh Hall have an
appeall granted him from the judgm' of the Countie Court to y° next
provinciall Court in equitie, ag' y° sd James, The sd Hugh Hall giving
good securitie to prosecute the said appeall, de to pay all costs ds
damages that shall be awarded ag' him.

Att a Councill Held att Philadelphia Die Saturni, 25' May, 1695.
present :
WM. MARKHAM, Esq'., Governo', und' Wm. penn, & all the mem
bers of Councill.
Upon Reading the petion of Jn° king ag' Eliz. Hooton, & the two
orders yron, ye 23d ds 24th of Aprill Last past, Ordered* y' ye further
Hearing of the sd petion be befor all Comittee of all the repsen-
tatives of Councill, de y1 they make report yrof to the Gor. in
Councill. Upon Reading the petion of Robert Wade ag' the Countie of Ches
ter, for ths grand Juris ofthe sd Countie their taking away his proper-
tie in Chester for a Landing, by virtue of yc 100d Law of the province,
enacting that each Countie Court of this province de territories yrof,
shall appoint & settle a sufficient Cart- way to the most convenient
Landing place, in their rexive Counties for publick use de benefit.
After a full debate, The Question was putt by the Governo',
whether the sd Law could Justifie the sd grand Jurie's act ? And it
was Caried in the Negative.

442 MINUTES QF THE ' '
Wherupon, it was ordered by the Governor and Council!, that the
said Robert Wade, nor his assigns, be no further troubled, molested
nor disquistedin ths psaceable possession of his propertie.
Upon Rsading the petion of Sam" Lewis, Ordered that the repsen-
tatives in Councill for the Countie of Chsstsr, sxamins de hear the
whole matter, & that they Have yrby power to call before ym all
persons concerned in the sd Complaint, both pties & wittnesses, &
make report therof to the Governo' and Councill. '.-...
. Upon reading, the petion of Tenniss Lins, Ordered that the Sheriff
of the Countie of Chester give the petion' an order for the goods hee
topk in execuon of Israeli Taylor's, de that hee have his remea'die att
Law for the remainder of his debt, de damages. . ¦.,¦¦ ;
Upon Reading the ipetion of Thomas Herris, It was the opinion »df
the Go' & Councill that the. matt' is not cognizable befor 'ym, seeing
hee mig^it have had an appeall to ths County Court in equity.
Upon reading the petion of Ja° Hugg ag'Benj11 Chambers, Referred
to Law.
Upon reading the petions of Henrtepeirce de Wm. Howell, Refer
red to Com" of proptie. ;
Upon reading the petion of Chester Countie for a, ferrie att the
rock '¦; And ofthe welsh for a ferrie att Wm. powell's ; . And'pf some
of the Inhabitants of Philadelphia about Securing their gun-powd',
de providing of Ladders de1 Leather bucketts ; and of another ag' dis
orders in sd towne ; and of another about Tann'd Leather; These S
petions wer referred to the Committee for preparing of Bills to' he
past into Laws.
Upon Reading the petion of Griffeth Owen ag' Wm. Hawkes de Jna
More, for detaining from him a patent delivered them to make some
writtings by, Ordered that sd Hawkes attend ye Governor & Councill
the 28* instant.

[28*" May, 1695.
Att a Councill Held att Philadelphia Die Martis, 28* May, 1696.
• i PRESENT :
WM. MARKHAM, Esq*., Go' undsr Wm. psnn, dec, de all ths mem
bers' except Jos. Growdon.
Upon Reading the petion of Griff. Owen, Appeared Wm. Hawkes,
& upon Hearing, It was Ordered y* sd Hawkes give the pa's to David
Lloyd to be recorded, & there to remain till the severall grants be
made to the pties y'in concernsd, de till the sd parties agree in whois
hands it shall be Lodgsd. <
Upon' Rsading the petion of Comfort Scott ag', Wm. Clark, & his
ans' theito, Itt was referred to tfye Comrs. of propertie.

PROVINCIAL COUNCIL. 443
[30'1' May, 1695.
Att a Councill Held att Philadelphia Die Jovis, SO" May, 1695.
present:
WM. MARKHAM Esq'., Go' undr Wm. Penn, &c, de all the mem
bers except as above.
Upon reading the petion of Joseph Wood ag' Wm. Shardlow de his
attprnie, Charles Sanders, The matter was Left to the Course of the
Comon Law, de it was recommended to the Justices of the Countie,
Court to inspect the matter.
Upon 'reading the petion of Thomas Herris relating to his former,
It was the opinion of the Go' & Councill y' was not Cognizable before
them. ,
Upon Reading the petion of Jn° king ag' Eliz. Hooton, Ordered
that a writt Issue from the Go' to the provinciall Judges, to try the
appeall depending between Eliz. Hooton de Jn° king, de forthwith to
proceed to Judgm' therupon,
Upon Reading the petion of Sam" Atkins ag' Sam" preston, Late
Shsriff of the Countie of Sussex, The petition' is Left to his Course
att Law.

[15th June, 1695.
Att a Councill Held att Philadelphia Die Saturni, 15'h June, 1695.
present:
WM. MARKHAM, Esq'., Governo' und' Wm. penn, dec.
Sam11 Carpenter, David Lloyd, William Clark,
Anthony Morris, Richd Hallywell, phin. pemberton.
Joseph Growden, Griffith Jones,
The Go' Having acquainted the Councill of some reports hee had
heard of the designs of o' enemies the French, ag' these parts, de y'
they had a Squadron of Shipps att sea bound for y° plaritaonsy to
attack ym, de y' some of the members of this board had proposedto
him that a watch on Cape Inlopen to be keept, might be of Service,
to give notice if ante suspicious vessells should appeare wtin sight of
sd Cape,
The Go' putt; it to the Question, whether a watch there wold not
be necessarie, convenient, & of service to the publick. It was caried
in the affirmative, nemine Contradicente ; And for defraying the pub
lick charge yrof, It was Resolved y' the Go' de repsentatives in Coun
cil wold effectuall'ie Recomend the same to the next assemblie, and
that in ths meantime, the Go' should Issue an ord' to the Justices of
the peace for the Countie of Sussex, that they Cause the sd Watch to
bs keept on the sd Cape by two men to the first day of Octob' next
ensuing, from five in the morning to Seven of the Clock att night;
which was accordinglie done, & delivred to Wm. Clarke.

444 MINUTES OF THE
[IS*" June, 1695.
Att a Councill Held att Philadelphia Die Martis, 18lh June, 1695.
present :
Wm. MARKHAM, Esq'., Go' under Wm. penn, dec.
Sam" Carpenter, David Lloyd, Richd Hallywell,
Sam" Richardson, , John Donaldson, William XJlark.
Upon reading the petion of Harman Lawrier, Setting forth that
there are 4 children belonging to his Sister in the sd Countie of New
castle, whom hee requests that hee may be permitted to take ym to
Newyork, & engages to take such Care of yr education as becomes
their qualitie de his relation, to ym, It was the opinion of the Go* de
Councill yl y° sd Harman take the children y'in named into his Care
& custodie, de after hee has made such satisfacon to the pties y1 have
keept ym as is reasonable, de given Securitie to the Justices of y*
Court for Indemnifying the said Countie ag' the sd children, Hee may
transport ym outt of this governm' to Newyork.

[29th June, 1695.
Att a Councill Held att Philadelphia Die Veneris, 29*' June, 1695.
present:
WM. MARKHAM, Esq'., Go' under Wm. penn, dec.
David Lloyd, Richd Hallywell, Wm. Clarke,
Jn" donaldson, Griffith Jones, ' Tho. pemberton.
The Go' Spake to this effect : " Gentl, Seeing it will require a Long
" time to gett a full Councill, by reason of the remoteness of manie
" of ye members, I Let you know That having Latelie received
"another Lre from His Excelly Governo' Fletcher, I thought it
" necessarie to call a Councill as soon as I could ; I hop't indeed to
" have had a Larger number present than I find come." However,
his Excelly Governo' Fletcher's Lre being read, wherin hee applied
himself to Go' Markham that a Quota of Eighty men, with their
proper officers, viz : One Captain, Two Leivts., Three Sergeants,
Three Corporalls & two drummers, or the value of the charges for
maintaining the same, be provided <fc sent to Newyork by the first of
August next, in obedience to the Comand of her Late Matie & for
his Maties Service, in order to the Generall defence of this part of his
Maties empyre. •
After the reading wherof, The Go' said: " Gentl. When his Excel-
" lie Governo* Fletcher, by his Lre to mee of the 15"1 of Aprill Last
" past, made his first demand of y" sd Quota of men, or the value of
" the charges for maintaining the same, Requiring that they should
" be .provided & sent to New york by the first of May Last past,
" You know the ans' you gave to it, viz : That you wer not in a
" capacitie to give a full & Satisfactorie ans' to soe weightie a matter
" wtout a generall Assemblie, And that most of the members Living

PROVINCIAL COUNCIL. ' 445
" soe remote from this place, & harvest drawing on so near that they
" could not meet till about the 9* of 7ber next, de yrfore, you yn
" advised mee to Comand the Assemblie to meet the sd day to advise
" <fc Consult yrupon.
" Gentl., You know that I thought that time too long, de y'fore yn
"desired you to Consider further before you resolved; yet you then
" replied that you had deliberatlie Considred of it, de that it wold be '
" to the ruine of manie farnilies to be from home in harvest. There-
" fore, I now .desire you seriouslie to Consider what ans' I shall give
" His Excellie Go' Fletcher, to his 2d demand.
" Gentl. , I'm here in the roome of o' proprieto', & since hee has
" not restricted nor Limited mee, the blame shall not Lye att his ¦
" doore. If you will doe anie thing that may effectuallie ans' her
" Late Maties Royall will de pleasure, and his Excellie Governo'
" Fletcher's demands formed yrupon, Pie give such sanction to it as
" becomes mee to doe ; and tho' the proprietor has given their Maties
" good assurance that hee will take care of the governmt de provide
" for the saftie de securitie therof all that in him Lyes, And is by her
" Late Maties Royall Lre Comanded to give directions that due pro-
" vision be forthwith made att the publick charge of ye province, for
" the furnishing the said assistance, as the same shall be soe demanded
" from time to time by his Excellie the Governo' of Newyork, yet
" the proprietor if he were here himself, nor I that represent him,
" Cannot raise monie wtout you & an Assemblie, who are the people's
" repsentatives ; And if you will doe anie thing, I am ready in the
" proprietaries behalf to give it Sanction. And yrfore, I desire your
" advice whether to shorten the time of the Assemblies meetting from
" the 9th of 7br. to a neerer day, will be of any service."
It was the unanimous opinion of all the members present, that il
wold beof no service to call ym sooner. The Governo' Having askt
the reason of their opinion, one of the members ansred, Becaus by
the great mortalitie ofthe Cattle & stock ofthe Inhabitants Last year,
the people have been, de still are undr great straits for Corn de provi
sions, and the substance of the province de Territories Consisting all
together in stock, provisions de Corne, If the inhabitants should be
called off from getting in their Harvest de Cropts to attend the assem
blie, whoise number w' the Councill are 54 persons, It wold tend to
their utter ruine. And tho' a Law were alreadie past for raising monie
to defray the charge of the assistance demanded, It could be no sooner
collected then it wold be if not made till the 9th of 7ber. next, Becaus
the paymts must be made outt ofthe Cropt yt is now upon the ground,
<fc upon which the sole dependence ofthe province for their support
relies, de the proper time of paymt therof is in the winter. To which
the rest ofthe members Unanimouslie assented.

S8

446 MINUTES OF THE
[8'h August, 1695.
Att a Councill Held att Philadelphia Die Jovis, 8th August, 1695.
present :
WM. MARKHAM Esq'. Go'*under Wm. Penn.
Sam" Carpenter, William Biles, John Williams,
Sam11 Richardson, David Lloyd, Rich1 Hallywell,
Anthony Morris, ' Caleb pussey, John Brinkloe,
phinehas pemberton, George Marris, Griffith Jones.
The Go' himself read to the Councill some part of a Lre directed to
him from Go' Fletcher, wherin hee told him Hee should not be want-
in<r in calling for the supplies, ordered him outt of this province by the
Royall Comand, And then ordered the Secrie to Issue writts to the
sheriff of each ofthe Six rexive Counties, to warn the repsentativeg"v
of Councill de assemblie to meet at philad the 9,h,of 7ber. next, as
was agreed Last provinciall Councill ; de y' in case of the death of
ante of y" Repsentatiyes, giving power to the rexive sheriffs to elect
others in their rooms, according to Law.

PROVINCE OF PENNSILVANIA & COUNTIES ANNEXT.
[SO1" Aprill, 1695.
Minutes of Councill in the Assemblie Anno R. R. et Rse, Willielmi
et Maria;, dec. Nunc Anglise, &c. Septimo.
Att a Councill Held att Philadelphia die Saturni, 20"1 Aprill, 1695.
present :
WILLIAM MARKHAM, Esq', Governo' under Wm. penn, die.
The Sheriff of the Countie of Philadelphia, -his Return of Repre
sentatives in Councill was read, & there wer elected Sam" Carpenter
for 3 years, Sam" Richardson for 2 years, de Anthony Morris for one
yeare. As also the Sheriff of the Countie of Chester, his return of
repsentatiyes in Councill was read, de there were elected David
Lloyd for 3 years, Caleb pussey for 2 years, de George Marris for
one year.
Adjourned to 22d instants

[22d Aprill, 1695.
Att a Councill Held att philad. Die Lunas, 22d Aprill, 1695

present :

WM. MARKHAM, Esq'., Governo' under Wm. penn, &c. j,
The Sheriff of the Countie of Newcastle, his return of repsentatiyes'!

PROVINCIAL COUNCIL. 447
in Councill was read, de there were elected Jn" donaldson for 3 years,
Jn" Williams neering for 2 years, ds Richard Halliwell for one year,
all which six members appearing in Councill, their elections wer
approved of. •
The Sheriff of the Countie of Bucks, his return of repsentatiyes in
Councill being read was rejected, becaus it did not mention the day
of their election, nor the rexive years for which the members were
to serve.
The Sheriffs of the Counties of kent de Sussex tfieir Return of
repsentatives in Councill being Read was rejected, becaus they made
not their election till the 13th instant.
The Repsentatives of the Countie of Newcastle took the oathes
appointed by act of parliam' to be taken instead of the oathes of alle
giance & supremacie, de subt the test, de promise of secresie, & took
their places att the Councill board.
The Repsentatives for 'the Countte of philad. de Chester did sub
scribe the declaraon of fidelitie, profession ofthe Christian faith, test
de promise aforesd, de took yr places as above.
Adjourned to 23d instant.

„ [23d Aprill, 1695.
Att a Councill Held att philad'. Die Martis, 23d Aprill, 1695.
present:
WM- MARKHAM, Go' under Wm. penn, dec.
Sam" Carpenter, David Lloyd, Jn° Donaldson,
Sam" Richardson, Caleb pussey, • Jn° Williams,
Anthony Morris, - George Marris, Richd Halliwell.
The Governo' desired pat. Robinson, Secrie., to read yr Maties
Lres patents under the Great Seal of England, restoring the proprie
tarie to his governm'; de the proprietaries Comission to Wm. Mark
ham, to be Governo' und' him, & his Comission to Jn° goodson &
Sam" Carpenter, to be his assistants, all which hee accordinglie read,
de they stand recorded in the other end of, this book.
Adjourned to 24*h instant.

[24*b Aprill, 1695.
Att a Councill Held att philad. Die Mercury, 24th Aprill, 1695.
present : i
WM. MARKHAM, Go' under Wm. penn, &c, et ysdem sicut antas.
In respect ofthe Illegalitie of the Returns of Repsentatives for the
Counties of Bucks, kent & Sussex, Ordered that new writts be issued
for their election of repsentatives upon y° 8*h of May next, & to meet
in Councill the 18"" of sd mo., which was accordinglie done.
Adjourned to ISg.Mav. 1695.

448 MINUTES OF THE
[18th May, 1695.
Att. a Councill Held att philad. Die Saturni, 18*" May, 1695.
PRESENT :
WM. MARKHAM, Governo' under Wm. penn, dec.
Sam" Richardson, David LLoyd, George Marris,
Anthony Morris, Caleb pussey, _ Jn° Donaldson. ,
The Sheriff of the Countie of Bucks, His Return of Representatives
in Councill was read, de there were elected Joseph Growdon for 3
years, phinehas pemberton for 2, de Wm. Biles for one yeare : The
Sherift'of the Countie of kent, his Return of Repsentatives in Coun
cill was read, de there were elected John Brinkloe for 3 years, Rich
ard Willson for 2, de Griffith Jones for one yeare.
The sd Jn° Brinkloe &, Richd Willson took the oathes aforesd &
subt the test & promise of secresie. The sd Griffith Jones subt the
declaraon of fidelitie, profession of the Christian faith, the test de pro
mise of secresie, & took yr places att the board.

[20th May, 1695.
Att a Councill Held at philad. DieLune, 20th May, 1695.
PRESENT :
WM. MARKHAM, Governo' und' Wm. penn.
David LLoyd, Jn" Donaldson, Jn° Brinkloe,
Caleb pussey, Jn" Williams, Griff. Jones
George Marris, Richd Hallywsll,
The Shsriff of the Gountie of Sussex, His return of Rspresentatives
was read, and there were elected Wm. Clark for 3 years, Thomas
pemberton for 2 years, de Robert Clifton for one year.
The sd Wm. Clark, phinehas pemberton de Wm. Biles, did subscribe
the declaration, &c. profession, dec. test & Secresie, & took their
places att the board. The said thomas pemberton de Rob' Clifton took
the Oathes, test de promise of secresie, & took their places as above,
de so wer psent :
phinehas. pemberton, Anthony Morris, Griffith Jones,
William Biles, Jn" Donaldson, Richard Willson,,
David Lloyd, Jn° Williams, Wm. Clarke,
Caleb pussey, Richd Hallywell, Tho. pemberton,
George Marris, Jn° Brinkloe, Rob' Clifton.
Sam" Richardson,
After the reading of y' Mattes Lres patents for restoring the pro
prietarie to his governm', de the proprietaries Comission to Wm.
Markham to be Governo' under him, de to^ Jn" Goodson de Sam" Car
penter to be his assistants, by the Secrie, "The Governor said :
" Gentl., You are Convened by virtue of a power derived unto mee
" from M' penn, Our absolute proprietarie de Chief Governo', under
" whois governm' you Lived happilie for manie years. Their Maties,

PROVINCIAL COUNCIL. 449
" our Sovereign, Lord and Ladie Wm. de Marie, wer pleased upon
" some apprehensions that this province was in danger of being Lost
" from the Crowne of England, to take us und' their more Imediate
" care de protection,, During which time I was yo' Leivt. Governo', &.
" I must say that 1 have observed in you (I mean both you <& those
" you repsent) a dutiefull affection to'their present Maties, in a readie-
" Compliance with all y' Comands, after such mann' as yo' tender
" Consciences could permitt. Most of you were either ofthe Coun
cell! or ofthe Assemblie first called by his Excellie Governo' Fletch-
" er, and when the Queen's Lre for the assisting the province of New
" york to defend y' fronteers was read, I rejoiced lo see yo' readiness.
" to Comply, and tho' the principles of most of you were ag' giving
" any thing to Maintain warr, yet you Dutiefullte de prudentiie, ds
" without example from yo' nighbours, raised money under the title
" FOR THE SUPPORT OF GOVERNMENT, but to be disposed
" of as his Excellie Governo' Fletcher should think: fitt, Which monie
" was by his sd Excellies order transmitted to New york, de no doubt
" well imployed in the service ofthe Crown, And now Gentl., Their
". Maties Have been graciouslie pleased to restore our proprietarie to
"His governm', a gentl, I'm sensible, has allwayes been verie affec-
" tionate to us, ds I hope none of us (I am Confident there is not one
" here) will be wanting in gratitude towards him, nor in due respect
" to & Love for him ; Let us yrfore, Like dutifull, Obedient de grate-.
" ful subjects, entreat or proprietarie to return their Maties o' most
" Humble de Heartie thanks for this y' great &' gracious favo', & to.
" assure ym y' wee shall ever Continou to be yr most Loyall & obe-
" dient subjects."
To which the whole members of Councill Heartilie assented.
Adjourned to. 22d May instant.

[22." May,, 1695.
Att a Councill Held att Philadelphia Die Mercury, 221 May, 1695
present:
WM. MARKHAM Esq', Governo' und' Wm. penn, dec, et ysdem
Sicut antea..
The Governo* Ordered the whole Representatives to resolve into a
grand Comittee to Inspect de revise the Laws of y° province, In order
to repeal those that were not fitt to be Continoued, de to prepare Bilte
for such Laws y' are necessarie de wanting.
Resolved, yt ye 5th instant be de is appointed for the Hearing of
petions and Compteints.
Adjourned to* 25* instant..

38*-

450 MINUTES OF THE
[25"' May, 1695.
Att a Councill Held att Philadelphia Die Saturni, 25th May, 1695.
present :
WM. MARKHAM, Governo', und' Wm. penn; dec, and all the rep
sentatives in, N°. 18.
Joseph Growdon, Hitherto absent, sub*, the declaraon, Test de pro
mise -of Secrisie, ds took his place att the board. And soe wer present
y Governo' de a full Councill, viz :
Sam" Carpenter, David Lloyd, t John Brinkloe,
Sam" Richardson, Caleb pussey, Richd Willson,
Anthony Morris, George. Marris, Griffith Jones,
Joseph Growdon, Jn" Donaldson, Wm. Clark,
phinehas pemberton, Jn" Williams, Thomas pemberton, ¦
Wm. Biles, Rich" Hallywell, Robert Clifton,
Pat. Robinson, Secry.
The Grand Comittee of ye whole Repsentatives, to whom the in
specting <fe revising of the Laws of yE province was Comitted, pre
sented to the Governo' a Bill Relating to the new modelling the
government, which was read once.
Adjourned to ye 27lh instant.

L27,h May, 1695.
Att a Councill Held att Philadelphia die Lunae, 27"' May, 1695.
PRESENT :
WM. MARKHAM, Esq'. Governo' under Wm. penn, dec, de all the
members except Jos. Growden de Jn" Williams.
The said Bill was again begun to be read de debated, but it Could
not be agreed upon.
Adjourned to 28"1 instant.

[28th May, 1695.
Att a Councill Held att Philadelphia die Martis, 28th May, 1695.
present :
WM. MARKHAM, Governo' under Wm. penn, &c, & alt ye mem
bers except Jos. Growden.
The said bill being Laid aside, becaus it could not be agreed upon,
A Comittee of one member for each County, viz: Sam" Carpenter,
Wm. Biles, David Lloyd, Richd Hallywell, Jn° Brinkloe, & Wm.
Clark, were appointed to Consider of a new frame de model! of go
vernm', & to make report to the Governo' & Councill this afternoon.

PROVINCIAL COUNCIL. 451
POST MERIDIEM, Preesentibus ut antea.
The Committee to whom the Consideraon of a new forme de modell
of governm' was Comitted, Reported: That ,they had made some
attempts, but Could not agree upon a new frame ; And yrfor, the
Governo' appointed the same Comittee to meet w' himself to-morrow
morning, about the same, And to make report.
Adjourned to 29tb instant'.

[29" May, 1695.
Att a Councill Held att Philadelphia Die Mercury, 29'" May, 1695.
present :
WM. MARKHAM, Esq'. Governo' und' Wm. penn,, dec, de all the
Representatives ut antea.
The Governo' ds Comittee to whom y" Consideraon of a new form
ds modell of governm' was comitted, Reported : That nothing could
be agreed upon in ord' to a new modell of governm' notwtstanding all
ye pains de time spent about ye same.
Then the Governo' said : " Gentl. By the writts issued by me for
" Calling you together, you may see it was to choose repsentatives
" to forme a provinciall Councill, to advise w' mee in matters relating
" to yB governm'; Accordinglie the elections wer made, & you that
" were chosen have appeared de pformed all the Ceremonies Usuall
" by any former provinciall Council. Gentl. you have taken up much
" time in endeavouring to Lay aside the Charter granted you by the
" proprietarie, which you then thankfullie accepted of, de to propose
"¦& make a mors saste frame than formeriie by ye sd Charter ds act
" of settlement you had, but ye difficulties y' attended yo' new bill de
"¦ frame were so great that they Could not be gott over. Since yrfor
" the ehd of my Calling and of yo' Coming together was to advise
" w1 rneein matters Relating to ye governm',.
I Lett you know That ths Queen's most excellent Matie Hath, upon
the 21"' of Aug', 1694, signified to or sd proprietor de in his absence
to ths Comand' in Chisf of ye sd province of pennsilvania for y' time
being, That a Quota not exceeding eighty men, with their officers, or
the value of the chairges of maintaining y° same, be the measure of
the- assistance to be given by ye sd province of pennsilvania de Coun
trie of Newcastle for y defence de securitie of the province of New
york, Thereby Requiring de Comanding o* sd proprieto' att all times,
upon application of the Governo' &, Commander in Chief ofthe pro
vince of newyork, to send y" same for the defence de Securitie yrofr
And y' the said proprietor give directions that due provision be forth
with made, att the publick charge of the sd province of pennsilvania
ds Countrie of Newcastle, for the furnishing such assistance as the
same shall be soe demanded from time to time, by the sd Governo' of
Comand' in Chief of the sd province of Newyorke.

452 MINUTES OF THE
The Serious de due Consideraon of which Letter I Recommend
unto you, de according to your dutie, doe require your advice & assis
tance in the prosecuting this weightie affair, upon which yo' owne de
yo' nighbours securitie and preservaon soe much depend?,
I also Let you know,, That His Excellie Benj" Fletcher, by his
Letter of y° 15'" Aprill, writts me that hee is necessitated for yr Mattes
Service de the securitie of y". fronteers, to demand from us eightie
men ds y' officers, with armes, amunitioh, & pay for one yeare. The
officers y' will be requisite are One Captain, Two-Xeivtenants, foure
sergeants, foure Corporalls de two drumers ; & y' y' Maties have Co-
manded us to furnish him with this assistance from pennsilvania de
newcastle, & y' y° frontiers are soe circumstantiated att psent, that
there being att Albanie on the first of May next ensuing, or as soon
as possible may be, is -thereby required. Both which Lres having
been read, The Governor added : Gentl, you are the Repsentatives of
the people, yrfor 1 again desire yo' advice here. The Repsentatives
Having desired some time to Consider therof, the Governo' did Resolve
the whole Repsentatives into a grand Committee, to Consider of an
effectuall answer both to her Majesties Letter and Governo' Fletchers,
and delivred to Wm. Clark, one of their number, both the sd originall
Letters for their perusall, & to make report to-morrow-
Adjourned to 30th instant.

[30"1 May, 1695.
Att a Councill Held att Philadelphia die Jovis, SO" May, 1695.
PRESENT :
WM. MARKHAM, Esq', Governo' under Wm. penn, dee., & all y=
members except Joseph Growdon.
Wm. Clark Reported from the Committee of the whole Represen
tatives, to whom the Consideraon of her Maties Letter de of Governo'
fletcher's Letter, de their advice yrin &¦ ans' yrto, was Committed.-
That having taken the same in to their Serious Consideration, Humblie :;
offerr yr opinion that they are not in a Capacitie to give a full de Saf-
tisfactorte ans' to sos weightie a matter wtout a generall Assemblie,
& most of ym living soe remote from this place, ds Harvest drawing
on so near, that they cannot meet untill about the 9'h day of Sept' next,
And yrfore, dos advise the Governo' to Command the assemblie to
meet the sd day, to consult & resolve yrupon.
Then the Go' said: "Gentl., You are my wittnesses that I
" have done my dutie : Onlie wish that this your delay may not be
"taken for a deniall, The Consequences wherof may prove verie
" fatall to us all. And desired they wold '-Consider further before they
" resolved." They replyed that they had deliberatelie Considered of it,, de y* it
wold tend to the ruine of manie families to be from, home in harvest
time-

PROVINCIAL COUNCIL. 453
Resolved y' the Assemblie bs Convened to meet att Philadelphia the
said §"' day of Sept' next, by order from the Govento'.
Then the Go' said further : " Gentl., you know y' in their Maties
" Lres patents for restoring M' penn to his governm' it's said, That
" he, the sd W penn, Has given y' Maties good assurance that hee will
" take care soe farr as in him Lyes, to secure the province. What
" will you advise me in this case about securing y" same ag' anie
" attempts that may be mads upon us by o' enemies ? will you bs
" willing y' if an enemie should assault us I should defend you by
" force of armes?" Some made ans' y' they wold ; Others that they
mustCeave everie one to yr Libertie, & y' Governo' penn's instruc-
ons yrin must be followed, and it being his bussines they had nothing
to doe with it.
Then the Go' desired to know of Jn" Goodson, his assistant, whether
hee was dissatisfied w' any thing hee had done during .this time of
Sessions ? Jn° goodson ansred y' hee was well satisfied w' all y' had
been done.
Then the Go' desired y' the repsentatives that Lived nearest to
Philadelphia might give y' attendance in Councill upon anie emer-
gencie, when called by the Go' de his sd assistant.
Adjourned to 9th Septemb', 1695.

[9* Septemb', 1695.
Att a provinciall Councill Held att Philadelphia die Lunse, the 9°"
of September, 1695. present :
WM. MARKHAM, Esq'. Governo' und' Wm. penn, Esq'. &c, and
John Goodson assistant.
Sam11 Carpenter, - David Lloyd, John Brinkloe,
Sam" Richardson, Caleb pussey, Richd Willson,
Anthonie Morris, Thomas* Marris, Griffith Jones,
Joseph Growdon, John Donaldson, William Clark,
A phinehas pemberton, John Williams, Tho. pemberton,
William Biles, Richd Halliwell, Robt. Clifton,
Pat. Robinson, Secrie.
The Governo' desired the secrie distinctlie to read all the minutes
of Councill that have been held since the restoration ofthe proprietor
to his government, Which the secrie accordinglie did.
Then the Governo' said : " Gentl., I ordered all the minutes of
" Councills that have been held since the proprietor's restoration to
" his governm' to be read, to remind you how wee have fallen outt of
" the method of goverm' formeriie settled by the proprietor de the
¦ "people's repsentatives, In which the provinciall Councill used to

"His name was George.

454 MINUTES OF THE
" promulgate bills that were to be past into Laws twentie dayes before
" the sitting ofthe assemblie, att the end of which time the assemblie
" used to meet to Confirm or reject those bills.
" Gentl., You are sensible how much 1 was ag' altering ante thing
" in the charter which was granted us by the proprietor, wtout his
" knowledge, de consent, de how great occasion I had for an Assemblie
" was dc is plain to you, Viz : to answer ths Late Queen's Comands
" in assisting Newyork w' o' Quota ag' o* Comon enemie the French.
"Gentl., I endeavoured to bring the govermt to the method that
"was ever used in the proprietor's time, before his Excellie Gojerno'
" Fletcher had it, and accordinglie, I issued outt writts to forme a
" provinciall Councill ; In answer wherto you mett de performed by
" Oathes, attests & Subscriptions, all things necessarie to it ; and then
" I did my dutie & Laid before you the Late Queen's Letter de his
" Excellie the Governo' of Newyork's application to mee for the
" Quota allotted to this governm?, expecting you wold have promul-
" gated bills for the raising monie for it, but instead- of that your Re-
" solves wer that you were not in a. capacitie to give a full & Satis-
" factorie answer to so weightie a matter wtout a Generall Assemblie,
" de most of you Living soe remote from this place, de Harvest draw-
" ing on soe neer, that you could not meet untill about the ninth day
" of Sept' then next ; And yrfor, did advise mee to Comand the
" assemblie to meet the said day, to consult & resolve yrupon. And
" yrfor, it was resolved that the assemblie be conveened to meet att
" Philadelphia the sd ninth day of Sept' then next.
" And now Gentl., you are to advise what course to steer to attain
" to the Chief end of o' meeting, viz : to answer the Late Queen's
" Letter, de when that is done & the Ice broken, all other things will
" be easie.
" Gentl., the Assemblie is come according to appointment ; The
" first thing wee are to Consider of is the method of preparing and
" passing Bills. Gentl., Both you ofthe Councill as well as of Assem-
" bite, are Repsentatives of the people, both being chosen by them ;
" I Have not the choice of one member of either, therfore, when I
" speak to you I speak to the people's Repsentatives, as much as
" when I speak to the Assepblie, And wtout yo' de their Consent, I
" cannot raise monie, &, wtout monie I cannot answer the Queen's
" Commands. I pray God direct you that what you doe may be to
" his glorie, the king's honour, & the saftie of this poore province.
" Gentl. I expect your ans'.
Adjourned till to-morrow morning.

[10*h Sept', 1695.
Att a Councill Held att Philadelphia die Martis, 10,h of Septemb',
1695. PRESENT :
WM. MARKHAM, Esq' Governo' und' Wm. penn, Esq' ds Jn° Good-
son assistant, And all ye members ut, antea.

PROVINCIAL COUNCIL 455
Cornelius Empson & James Fox, two of the members of Assem
blie, Came from the Assemblie, desiring to know ofthe Go' when the
Assemblie might ye admitted.
The Governo' answered that hee de Councill were readie to re
ceive them.
In a small time afterwards they all appeared, & presented Edward
Shippen for y' Speaker, of whom the Governo' did approve.
Then the sd Edward Shippen, Speaker, dj all the other members of
Assemblie for the Counties of Philadelphia, Bucks, Chester, newcas-
tle, kent, & Jn° Stoaklte de Thomas Oldman, for the Countte of Sus
sex, subscribed the test, profession of the Christian beliefe ds declara
on of fidelitie ; and the Last foure for the Countie of Sussex, Viz: .
Joseph Booth, Henrie Malleston, James peterkin de Jonathan Bay lie,
took the oathes appointed by act of parliam' to be taken in stead of y°
oathes of allegiance de supremacie, de subscribed the test.
Then the Governo' Spake to- the Assemblie :
" Gentl., you are now qualified for bussines, and that you may
" the better know yo' dutie, you shall heare the papers following :"
and then desired the Secrie to read their Maties Letters patents re
storing Mr penn to his governm', which was accordinglie done ; Then
Go' penn's Comission to his kinsman, Wm. Markham, to be Go' und'
him ; THen Go' penn's Comission to Sam11 Carpenter ds John Good-
son, or anie of them, to be his assistant ; THen the Late Queen's Let
ter of ye 21" of August, 1694, appointing eightie men, with their offi
cers, or the value of the chairges of maintaining the same, to be the
measure of the assistance to be given by this province de countrie of
nevvcastle for the defence ds securitie ofthe province of Newyork, Re
quiring ds Comanding o' proprietor, upon applicaon of the Go' de Co
mand' in Chief ofthe province of Newyork, to send ye same. THen
His Excellie Benj" Fletcher, the Gor of Newyork, his Letter to Go'
Markham of the 15"1 of Aprill, 1695, demanding from this province
the sd 80 men de their officers, w' arms, amunition, 'de pay for one
yeaf, to be att Albanie the Is' of May then next ensuing, or as soon as
possible may be. Then his sd Excellies other Letter of 12th June,
1695, then applying himself to Go' Markham for the sd Quota of 80
men w* y' proper officers, or that the value of the chairges for main
taining them be, provided de sent to Newyork ys 1st of Aug' then next,
in obedienee to the Comands of hep Late Matte. Then his Excellies
other of 3d 7br., 1695, Renuing his applicaon to Go' Markham for y*
above assistance in men or monie, with a copie of the mohaques pro-
posions. , And then wer read the propositions made by ten of the
principall Sachims of the Mohaques Countrie to Go' fletcher, in the
Court house of Albanie, y" 28th of Aug', 1695. And y° yc Go' said:
," Gentl., L thought it necessarie to cause the above papers to be read,.
" as the foundation de beginning of yo' prceedings. I made a speech
" to the Councill yesterday which thsy shall have, and they will Re-
" solve into a Comittee of the whole house to consider yrof; de Mr
" Speaker, I desire you to doe the same, y' you may meet together &
" give y°r best concurrent advices in ord' to answer my sd speech."

456 MINUTES OF THE
Ordered, That the whole members of Councill doe Resolve into a
grand Comittee of 'the, whole house to Join a grand Comittee of the
whole members of Assemblie, to consider of an answer to the Go"
speech, att 3 post meridiem, And to make report to-morrow morn
ing. Adjourned to y* Sept', 1695.

[ll'h Sept', 1695.
Att a Councill Held att Philadelphia die Mercury, ll"1 of Septemb',
1695.WM. MARKHAM, Esq', Governo* und' Wm. penn, Esq', and all
the members, ut supra, except Wm. Biles.
the Committee to whom the consideraon of an ans' to the Go"
Speech was comitted, Reported That the Go™ speech to the Councill
Having been read to the Assemblie, They did upon the vote putt, agree
That they might proceed to Legislaon wtout promulgaon of bills, (as
was usuall by ths Late .Charter,) Considering the present emergencie.
They also did upon the vote putt, agres that the power of preparing
ds proposing bills to be past into Laws may be in the Councill as well
as in the Assemblie, (while both are the people's choice.) They did
also agree that the Go' be requested to appoint a Comittee of Councill
to meet'a Comittee ofthe assemblies To Consider of an answer to the
Queen's Letter, & an act of settlement.
THe Governo' did accordinglie appoint two members of each Coun
tie, Viz : Sam" Carpenter, Sam" Richardson, Joseph Growdon,
phinehas pemberton, David Lloyd, Caleh pussey, Jn" donaldson,
Richd Halliwell, John Brinkloe, Griffith Jones, Wm. Clark ds Tho. ,
pemberton, to Join a Committee ofthe Like number of y" members of
assemblie, to Consider of an ans' to the Queen's Letter, And his Ex
cellie Go1 'Fletcher's demands therupon, ds of an act of settlement, to
meet at two of the (Mock in the afternoon.

[19*h Sept', 1695.
Att aCouncill Held att Philadelphia die Jovis, 19*h. Septemb', 1695.
present:
WM. MARKHAM, esq' Governo' und' Wm. penn, esq', de all y* mem
bers except Jn° Williams & Jn° Brinkloe.
The Committee to whom the Consideraon of an answer to the Queen's,,
Letter, de his excellie Go' Fletcher's demands therupon, de of an act
of Settlement, was Comitted, Gave in y' report in answer to the
Go" speech in writting, Which was read, viz : The report ofthe Co
mittee of certain members of Council de assemblie in answer to the
Go™ Speech :

PROVINCIAL COUNCIL. 457
" May it please the Governo'. Wee Having dulie Considred thy
" speech delivred us att the opening of this Assemblie the ninth instant,
" As also the Late Queen's Letter, dated the 21st of Aug**, 1694,
" together w' Coll. Fletcher's applicaons for the Quota appointed by
" the sd Queen to be sent from this governm' for the defence of New-
" york, and also having perused the minutes ds proceedings of the
" Councill de assemblie for the two Last years, Wee find that the
" Generall Assemblie in the yeare 1693, in Compliance with the
" Queen's former Letter, soe farr i as the religious psuasion ofthe
" major part of them could admitt, did Humblie psent king Wm. de
" Queen Marie with an assessment of monie upon all estates wtin the
" sd province ds territories for support of this governm', which sd
" assessm' amounting to about 7601b. this Countrie monie, The nett
" produce wherof being Computed upon the then Councill book to
" be about 5001b. st. the greatest part of which wee understand, is
" gathered ds sent to newyork by ord' of Coll. ffletcher, Who having
" soe much regard to the tender Consciences of such as might scruple
" the giving of monie to support warr, did declare before anie assess-
" ment was agreed on, that what monie should be raised here for
" support of governm', should not be dipt in blood, (as hee was pleased
" to phrase it,) which hee afterwards explained upon severall occa-
" sions, de pticularlie in his speech to the assemblie in the yeare 1694,
" wherein hee expressed in these words, viz : Gentl. I consider yo'
"principles that you will not Carte armes nor Levie monie to make
" warr, tho' for yo' owne defence, yet I hope you will no't refuse to
" feed the hungrie and ds cloath the naked ; my meaning is to sup-
" plie those Indian nations w' such necessaries as may Influence ym
" to a Continouance of y' friendshipp to these provinces. Therfore,
" It is the Opinion of this Committee, that all the monie alreadie
" raised, or att this time intended to be raised for support of governm',
" de not expresslie appointed for anie other pticular use, ought to be
" deemed ds taken in stead of the assistance required frpm this go-
" vernm', the same being in ans' to the Queen's Letters, soe farr as
" in Conscience de abilitie wee can Complie ther.with, And that the
" same may be appropriated accordinglie, as the Go', or his deputie
" for the time being, shall see meet."
THe Governo' then told ym, " that if that narrative of what they
"had done in 1693, relating to the Late Queen's first Letter, might
" be serviceable to ym, hee should be satisfied yrwt, and yrfor desired
" as they had begun, soe they wold proceed to give an effectuall
" answer yrto, & to His Excellie Go' Fletcher's demands yron, by
" raising of monie."
THen all the members Unanimouslie declared, that it was their
design to raise monie for the king, To be made use of as hee pleased.
The sd Comittee also gave in y' Report relating to an act of set
tlement in writting, which was also read.
THen the Governo' told them " that what they had heard read was
"but Reports of a Comittee, both of members of Councill ds assem-
" bite, & yrfore, It was necessarie y' y° whole members of Councill

458 MINUTES OF THE
"should signifie ther acquiescence yrwith. Wherupon the Go' putt
". this Vote : all you Gentl. that acquiesce with the two reports now
" read, stand up de say YEA, all you y' doe not acquiesce therwith
" stand up ds say NAY." Carted in the affirmative.
Therafter the Go' Ordered Joseph Growden, Sam" Richardson,
david Lloyd, Rich" Halliwell, Griffith Jones, de Wm. Clarke, to pre
sent the said two Reports to the assemble for their acquiescence, and
after they had done ths sams, Hee, the Go', wold make such observa-
ons theron as hee should think fitt.
Adjourned to the 20lh instant.

[20"1 Septemb', 1695.
Att a Councill Held att Philadelphia die Veneris, 20lh of Septemb',
1695. present:
WM. MARKHAM, Esq'. Governo' und' Wm. Penn, Esq', dec.,& all the
members except Anthony Morris, John Williams, de John Brinkloe.
The members who wer ordered to present the sd two Reports to
the Assemblie for their acquiescence, 'made report that they had
delivred the sd two reports to the assemblie, who ansred they wold
Consider the same.
Ordered, that Sam" Richardson & Wm. Clarke goe to the assem
blie de acquaint them That the Governo' de Councill doe waite for
them. John Blunston, James Fox, Wm. Rodeney ds Edwd Gibbs brought
from the assemblie y° sd two Reports, & told the Go' de Councill
that they acquiesced y'with, With some few amendments.
Therafter the Gor. Caused the sd two reports, The one relating to
the Queen's Letter, de the other relating to the act of settlement, to be
read, ag' which act of settlement The Go* mads objsctions to severall
paragraphs therof.
Ordered that the whole members of Councill doe Resolve into a
grand Committee of ye whole house, to join a Grand Committee ofthe
whole members of assetpblie, to Consider further of proceeding effect-
ualUe to ans' the Late Queen's Letter, By drawing up a bill for
raising of monie to answer y° same, de his Excellte Governo' Fletch
er's demands therupon. And by drawing up another Bill for the act
of settlement.

[27'b Septemb', 1695.
Att a Councill Held att Philadelphia die Veneris, 27* of Septemb',
1695. present :
WM. MARKHAM, Esq'., Governo' und' Wm. penn, esq'. John Good-
son assistant, de all y° members of Council], And all y" members of
Assemblie except Nicholas Wallne ds John Betts, sick, and daniell
Brown, dead.

PROVINCIAL COUNCIL. 459
" The Committee to whom the Consideraon of the Late Queen's
" Letter, By drawing a bill for raising of monie to ans the same, ds
" his Excellie Governo' Fletcher's demands yrupon, and the act of
"Settlement, made Report, That they had drawenup the said Bills
" which had been y" day before sent to the Governo' by foure mem-
" bers of Councill for his perusall.
THen the Governo' said : " Gentl, I yesterday Received from you
" two bills ; The one entitled an act for raising One pennie p. pound
" de Six Shillings p. head on such as are not otherwise rated y'by,
" towards the support of governm', wherein you propose to give 2501b.
" for support of governm' de 3001b. to mee towards my services, and
" the Surplusage for defraying the debts ofthe governm'. The other
" an act of settlement.
" If you Gentl, the members of Councill ds assemblie, are satis-
" fied with those bills as they are, They need not be read over again.
" But if you, or anie of you, are not, He order the reading of them."
Wherupon the members of both Councill de assemblie did declare
themselves Satisfied w' ym, de y' they needed not be read over
again. THen the Governo' said: "Gentl, You have delivred mee these
" two bills together, as if you meant to tack ym soe the one to the
" other, as that I must pass both or neither. Gentl, you know I
" allwise Recommended to you the effectuall Consideraon of, & ans'
" to her Late maties Letter, & his Excellie Go' Fletcher's demands
" yrupon ; This was the prime de principall (if not the onlie) occa-
" sion of my calling & of yo' coming together att this time, (for wee
" formeriie had Laws enough, & men enough to execute them.)
" You have indeed in some manner Considred it. But as you have
" brought these two bills together, it wold seem you wold have ym
" past together. But Gentl, To be plain de above board with you,
" If you'll first pass the monie Bill, designed (as you say) to ans' the
" Queen's Letter, in what manner de und' what title you please, He
" give sanction to it, Leaving the bill about the act of settlement to a
" further debate. Gentl, In the monie Bill you have Considered mee,
" and I as much thank you as if I had received yo' offerr ; But I
" desire to be totallie left outt of it, rather than the Late Queen's
" Letter should remain unanswered.' And I assure you Gentl, I shall,
" not assent to the passing of ante bill or bills whatsoever till that be
" past first."
Then a member of Councill Spake to this effect : that in the par
liament of England the people had allwise their priviledges granted to
them befor they gave anie monie, & y' the monie bill used to be the
last ; ds tho' wee can pretend to no equalitie with them, being a poor
province, yet we are to proceed in some sense in a parliamentarie
way in our degree.
THen the Governo' said : " Gentl, You Have now satt well nigh
" three weeks & have done next to nothing; The onlie thing I called
" you for was to answer the Queen's letter, de his Excellie Governo'
" Fletcher's demands yrupon. I have oft prest you to it, ds do now
" again."

460 MINUTES OF THE
Wherupon Severall members, one after another, urged the passing
the act of settlement, alledging there was no more required by ym in
y' bill than what the proprietor had granted ym befor.
THe Governo' said: "Gentl, I cannot in Honor nor Justice to the pro
prietor pass this bill or act of settlement, Nor will I. I have suffi
cient reasons for it, wch I am not obliged to give here. Gentl, As ' '
oft as I press you to ans' the Late Queen's Letter for the supplie of
Newyork,' yo' ans' to mee is that yo' priviledges ought to be con
firmed to you. I never did, nor ever shall endeavour to diminish
them. But Gentl, Since there's no Likliehood of obtaining from you ante
ans' to the Late Queen's Letter, nor to his Excellie Go' Fletcher's
demands therupon, Unless He enter upon de grant you a Charter of
priviledges, I dissolve you, ds you are hereby dissolved.
The end ofthe third session of Councill ds Assemblie.

[PHILADELPHIA, 25th Sept', 1696.
Att a Council Held at Philadelphia Die Veneris,y° 25th day of Sept'. ,
Anno R : R : Gulielmi terty nunc Anglia?, dec. Octavo Annoq dui,
1696. ;,
present :
WILLIAM MARKHAM, Esq'., Governo'. und' Wm. Penn, Esq'. » •
Edward Shippen, Jasper Yeates, John Brinkloe,
Anthony Morris, Richard Halliwell, John Hill,
David LLoyd, pat. Robinson, Secry.'
Jasper Yeates, Richard Halliwell, Jn" Brinkloe, Jn" Hill ds pat Ro
binson, took the oathes appointed by act of parliamt to bs taken in
Stead of the Oathes of allegiance & Supremacy, ds Subt. the test...
Edward Shippen, Anth. Morris de david Lloyd did subscribe the de
claraon of fidelity, profession ofthe Christian faith de the Test, and
all of them promised fidelitie to Wm. penn, proprietor & Governo' of
y" sd province, & Secrisie in all matters that should be secretly
treated of in Council.
Then in respect the provincial Court was a Sitting, ds that one of
the members of Council was a provincial Judge, de y' two members ]
appointed to attend as Counsellors wer not yet come to town, The'
Governor Adjourned to 28'h instant.

PROVINCIAL COUNCIL. 461
[28*" Sept', 1696.
Att a Council Held att Philadelphia die Luna?, 28th September,
1696. present :
WM. MARKHAM, Esq'. Governo', dec. et ysdem ut supra.
The Governo' said: "Gentl, Att o' last meetting the provincial
" Court requiring the attendance of some of you, I could then pro-
"ceed no farther than to administer to some of you the. Oathes, dsc.,
" ds to see you subscribe the test, And to see others subscribe the de-
" claraon of fidelitie de profession of the Christian faith & test. I think
" it necessary to take the same my selfe, which I desire you to admin-
" ister to me, de tho' I have taken ym "before, yet I think it requisite to
" take ym again, becaus there is some alteraon in the frame of o' go-
" vernmt since I Last took ym." To which some of the members
answered, that since they could not take an oath ymselves, they could
not administer one to others. Wherupon the Governo' desired the
Secrie to administer the same to him, which he did, and accordingly
the Go' took the oathes appointed by act of parliamt to be taken in
sted of the oathes of allegiance ds Supremacie, and subscribed, the
Test. THen the Governo' said: " Gentl. I had not been so long wtout a
" Council, but that I expected orders from o' proprietor de Chief Go-
" verno', (having given him an exact ds true acco' of the state of his
" governm' from the time he has been pleased to Comitt it to my
" care.) But by his Lyres, I perceive some of mine have been taken
" by the French ds others, soe delayed by the L°ng stay ofthe shipps
" wherein they went, that they were not come to hand before this Last
" Virginia fleet came from England. But Having Received severall
""orders & Instructions, both from the Honble The Lords of the Coun-
" cill de the Comr' of his Matjes Customs, with an act of parliam' for
" preventing fraud de regulating abuses in the plantaon; ds strict chairge
" ds Comand from the proprietor de Chief Governo', vigorouslie to
" putt the same in execuon. All which I desire the secrie to read."
Then the secrie read The Copie of the Comrs of his mattes Cus^
tomes, their report to the Lords spiritual de Temporal, in parliam'
assembled, what may be the proper means to remedie the Inconve
niences arising from the scotch act to the trade de navigaon of Eng
land, dated 12*h decemb', 1695; And the Copie of their Lords ds y"
Comons, in parliam* assembled, their address to his matie, represent
ing to him the great advantages yrby granted to the scotch Compa,
de the obstructions that the sdact will bring to the general trade ofthe
nation of England, dsc. As also, his maties most gracious answer to
the sd adress. As also, the Comrs of his matjes Customs, their Lett'
to the Governo' of this province, requiring him strictlie to observe &c
put in execuon all the Laws of trade ds navigaon, dated 9"1 Janry,
1695-6. As also, the Lo" of Council, -their Lett' to the Comand' in
Chief of this province of 13'" febry, 1695-6, to see the acts of trade
executed according to the sd Comrs of ye Customs, their sd Letter.
39*

462 MINUTES OF THE
As also, the act of parliam' made in the 7"" ds 8"1 year of king Wm.
the third, Entitled, an act for preventing frauds ds regulating abuses
in the plantaon trade. As also, the Lo' of Council, their Lett' to Wm.
penn, proprietor of this province, Requiring him in his matjes name,
to take care that the sd act past in the. sd 7"1 ds 8"1 year of his reign,
ds all other Laws made for the encouragement of navigaon de the
securing the plantaon trade, be duly publisht within this his sd pro-'
vince ds Country of Newcastle, de strictlie putt in execuon by all whom
it may concern, dated 15th April, 1696. As also, the Lords of Coun
cil, their Lett' to the Governo' of this province to putt themselves in
a posture of defence ag' the attempts of the French, dated 20"1 April,
1696. As also, ye sd Wm. penn his Lett' to Wm. Markham, his
deputie Go', desiring him to be vigorous and carefull to Comply w'
the Laws of trade ds navigaon. All which having been read,
" The Governo' said : " I have therefore, being well satisfied in
" yo' Loyaltie de allegiance to his matie king Wm. ds of yo' fidelity
" to the proprietor, made choice of you for his Council, the number
" of which is not to exceed Twelve, ds no Less than five to be a
" Quorum. I know you are all men that are fastned to the Country
" by visible estates, I mean such as the Law calls Real estates, of
" which each of you have a plentiful portion, ds thats a great securitie
" that you will study the Interest of the Country, ds will advise me
" in what you believe to be for the saftie de preservaon of it ; and let
" me tell you, that nothing can be more for yo' preservaon ds securitie,
" nor recommend you more to his matie, than yo' diligent observaon
" and execuon of his Laws de .orders. In this I doe not speak to you
" only as a Council, but also as you are magistrats, de as such that
" you will have a special care in yo' respective Counties, that noth-
" ing be done to the Contrarie, or in violation of them, but that you
" be diligent to see ym dulie executed ; and this is not only a dutie to
" yo' Soveraign, but a Justice incumbent upon all Honest men &
" Lovers of their Country.'
" The proprieto' advises mee that hee has wrote to some friends
" about his Excelly Governor ffletcher's objection about men or money.
" If anie of you know the Contents of that Lett', de that it be conve-
" nient, I desire you will acquaint the board with it ; perhapps it may
" his Excelly Go' ffletcher satisfaction. I have Sea'll Lres from him
" since the Last assembly, demanding our Quota; but you all know
" I could make no Satisfactorie answer wtout money, to answer all
" these things to purpose, and to putt this governm' in a better posture
" of defence de securitie than it is att present, I find it absolutlie neces- ,
" sarie that there be an assembly called with all convenient speed,
" Wherein I desire yo' advice."
THe members of Council did Unanimouslie advise the Governo' to
call an assembly.
Wherupon the Go' ordered the; secrie to prepare writts to be
Issued to the sheriffs of the Seall Counties, to Sumon the people to
meet in the usual places upon the Sixteenth of Octob' next, de the
Counties of Philadelphia de newcastle, to choose for each of them foure
persons to serve in Assembly, & the other four Counties to choose for

PROVINCIAL COUNCIL. 463
each of them three persons to serve in Assembly, to meet the 26*11 day
of the sd mo. Which the secrie accordingly did.
Adjourned to 26"1 of Octob' next.

[26"" Octob', 1696. *
Att a Council Held att Philadelphia die Lunae, 26a Octob', 1696.
present:
WILLIAM MARKHAM Esq'. Governo', dec.
Edward Shippen, david Lloyd, John Hill,
Anthony Morris, John Brinkloe, pat. Robinson.
John donaldson took the usual oathes, dec, it Subt the test. Wm.
Clarke did subscribe the declaraon of fidelitie, profession of the
Christian faith ds the test, & both promised fidelitie to Wm. penn
ds secrisie in debate, ds took their places att the board.
Therafter John Goodson, who had been by Comission from the
proprietor appointed assistant to Go' Markham, Came into, Council
and desired of the Governo' to be acquitted of his assistanceshipp,
To which the Governo' acquiesced.
In respect all the members of assembly wer not come to town, the
Governo' adjourned the Council to three in the afternoon.
Adjourned to 3 in the afternoon.

[28* Octob', 1696.
Att a Council Held att Philadelphia die Mercury, 28" October,
1696. Hora tertia, post meridiem. present:
WM. MARKHAM, Esq'. Governo', dec.
Edward Shippen, John Brinckloe, John Hill,
Anthony Morris, Jn" donaldson, Jasper Yeates,
David Lloyd, William Clarke, pat. Robinson.
Upon the memorial of the Honble Andrew Hamilton, Esq'. Go' of
the Jersies, & post master generall, dsc. to the Go' de Council, Setting
forth that it was formeriie with great difficultie that ths post could
goe to Philadelphia by Land, to the great inconveniencie of Corres
pondence & trade, And y' for remedie whereof, ds accomodaon of
Travellers, a ferry had been erected on Jersie side att a great chairge,
but that the way was not yet returned from the Landing on pennsil
vania side to the king's road, wcb is about three Quarters of a mite
ds easily cleared ; And therfore, Requesting the Governo' ds Coun
cil to approve the said road, and give the necessarie orders for clear
ing it.

464 , MINUTES OF THE
Ordered, that a warrantt be directed from the Governo' to Thomas
ffairman, Surveyor, To lay outt the king's road from dunck William's
Landing, (the nearest de most convenient y' may be had, de Least
prejudicial to the Lands and improvments of the nighbourhood,) Into
the king's great road that Leads to Philadelphia, and that a Return
in words, of the Courses de protracted figure therof, be made Into
the Secries office, in order to be filed de recorded there, as a finall
Confirmaon therof. And that the Justices ofthe peace fqr the Coun
ty of Bucks, be by the Governo' requested to order the overseers of
ye Highways in that County to make good ds clear the same w' all
expedion.

[29ft Octob', 1696.
Att a Councill Held att Philadelphia die Jovis, 29*h October, 1696.
PRESENT :
WILLIAM MARKHAM, Esq'.,Governo', dsc, et ysdem ut supra, dec.
Upon the petion of divers Inhabitants of the Town of Philadelphia^
to the Go* de Council, Requesting them to grant an order for the Lay- '
ing outt a sufficient Road, the nearest ds best that may be had from
the Lowermost ferry upon Skuilkill, Comonlie called Benjamin
Chambers' ferry, Into the Town of Philadelphia.
Ordered, That a warrant be directed from the Governo' to Thomas
ffairman, Surveyor, to Lay outt the king's road from the sd ferry, the
nearest, best ds most convenient that maybe had, ds Least prejudi
cial to the Lands ds Improvments of the nighbourhood, To Come into '
the southermost street ofthe town of Philadelphia, de which street
runns from delaware river to the Skuilkill, And that a return in
words, ofthe Courses de protracted figure therof be made into the Se- »
cries office, In ord' to be filed and Recorded there, as a final Con»
firmaon thereof.
Upon the petion of diverse Inhabitants of y" sd town of Philadel
phia to the Go' & Council, Requesting ym to grant an Ord' for Lay
ing outt a sufficient road from the north side of the sd ferry, the
nearest de must convenient that may be had, To Hertford towne.
Ordered, that a warr' be directed from .the Governo' to Thomas
ffairman, Surveyor, to Lay outt a Road from the west side of the sd
ferry, to goe as farr in the road that leads to Darby as may be, and
from thence the nearest, best and most convenient that may be had,
ds Least prejudicial to the Lands & Improvments of the nighbour
hood to the town of Hertford ; and that a return in words, of the
Courses de protracted figure therof, be made Into the secries office,
In order to be filed & recorded there as a final Confirmaon thereof.
Upon reading the petion of Thomas Hollingsworth to the Governo'
and Council, Requesting ym to grant an ord' for Laying outt a Road
from New worke, in Newcastle Countie, To Jn" Bucklies', Oliver

PROVINCIAL COUNCIL. 465
Copes', Jn" preus', Jn" Clowds', Wm. Rossen, Naaman's Creek, and
thence to Hans Justice's, de so to the king's road in Chester Countie.
And to grant another road from Jeremiah Clouds' in Newcastle coun
ty, to John Bucklies, & from thence to delaware river.
Ordered, that a warrant be directed from the Governo' To Thomas
pierson, surveyor, to Lay outt the sd Roads the nearest and most
convenient that may be had, &¦ Least prejudicial to the ¦ Lands ds
Improvments of the nighbourhood, and that a Return in words, of
the Courses ds protracted figures of the same be made Into the secries
office, In ord' to be filed & Recorded there as a final Confirmaon
thereof. [Oxford petion for Two Roads de a Branch, dsc.
Upon reading the petion of the nighbourhood and adjacent Inhabi
tants of Oxford Towneshipp, in the Countie of Philadelphia, Request
ing the Governo' de Council to settle upon ym de the publick, two
roads, de a branch of a road_: The first, beginning att a white Oak,
neer the bridge over Thomas p'sons water mill race, and thence to
the Bristoll Townshipp, according to the Return of the Courses
thereof to the sd petion annext, and protracted figure of the same.
The second Beginning att Richard Dungworth's mill, Leading to
Thomas pson's grist mill, Lying ds being att Franckford, according
to the Return of the Courses thereof & protracted figure ofthe same,
to the sd petion also annext. As also, a Branch of the said Road
beginning att a white Oak, in Rich* Buzbies Land, neer Jn° Wells'
Log-house, Leading to the extent of the bounds of Oxford townshipp,
according to the Return of the courses therof de protracted figure of
the same, to the sd petion also annext.
[Answered.
Resolved, That the sd two roads ds branches of a road, Bounded
as is particularlie mentioned in the Returns thereof made by John Har
per, surveyor, ds who surveyed the same by the Consent, approbaon
& with the assistance of the nighbourhood, Be, and shall hereafter
be Reputed and taken for the sd roads ds branch, And that the Secries
Recording ofthe sd returns thereof, & fileing up the same, ds the pro
tracted figures therof, shall be a final Confirmation of the said two
roads ds branch.
Adjourned to 31" instant.

Att a Council Held att Philadelphia Die Saturni, 31rt October,
1696. .
PRESENT :
WILLIA M MARKHAM, Esq'., Governo', dsc .
Edward Shippen, William Clarke, John Hill,
Anthony Morris^ John Brinckloe, pat. Robinson.
David Lloyd, - V
Upon Reading the petion of Sam" Atkin3 against Edmond dutton,

466 MINUTES OF THE
Ordered that att or before the first day of decemb' next, the petition',
Sam" Atkins, pay to the sd Edmond Dutton, the sum of Twelve
pounds, Silver monie, as was awarded him, with all the Legal charges
that have accrued upon the suits upon the bonds of arbitraon, both
att the Countie ds provincial Courts, and that the same soe paid, be
in full satisfacon to the sd Edmond Dutton, of all sum de sums of
monie due to the sd Edmond by reason of the sd arbitraon, bond,
Judgment and execuon following thereupon, and that after payrri' of
the sd sum ds charges, as aforesaid, an ord' from the Go', to be
directed to the sheriff of the Countie of Philadelphia, To- make resti-
tuon to the petitioner of all goods, chattells, Letts, Lands ds Tene
ments that hee has taken in execuon upon the sd Judgmts ; Because
the sd execuon did Improyidently Issue forth.
[Record of The Road from Tho. Parsons' water bridge Race to
Oxford, in Oxford Creek, behind Dan" Street's house.
THe ninth of the Eighth moneth, 1695.
THe observations and mensurations then taken in a Road between
Thomas parsons' water Race bridge, and the ford in Oxford Creek,
behind Daniel Streets' House, by mee actually measured, Then Hav
ing in Company the Inhabitants of the aforesaid Townshipp ; Begin- ,
ning att a white oak neer the said parsons' water Race bridge, North
west thirteen degrees, twenty-two pearches; Thence north west
Twenty degrees, Sixty pearches; thence north-east Twenty rfive
degrees, fifty-two pearches ; Thence north-west Twelve degrees,, fif
teen minuts, fourty pearches; Thence north-west seven degrees,
Twenty-four pearches ; Thence north-east fourty-three degrees, fif
teen minuts, ten pearches ; Thence north-east Sixty-seven degrees,
thirty minutes, Sixtie-eight pearehes ; Thence north-east fourty-one
degrees, Twenty minutes, Seventeen pearches ; Thence north-west ten
degrees, eight pearches ; Thence north-west Twenty-Seven degrees,
Thirty minutes, one Hundred & Twelve pearches ; Then north-west
fifty-Six degrees, Thirty minutes, thirty-four pearches; Thence north
west fourty-one degrees, fifteen minutes, fifty rtwo pearches;. Thence
north-west Twenty-nine degrees, fourty -nine pearches ; tbence north
west thirty-eight degrees, fifteen minutes, Seventy pearches ; Thence
north-west fifteen degrees, fifteen minutes, One Hundred ds fourty
pearches ; p. me, JOHN HARPER, Junior.
[Record of The Road from Richd Dungworth's mill To Tho. par
sons' grist mill.
The ninth day of the Eight moneth, 1695. THe observaons ds men-
suraons then taken in a Road, Between Richard. Dungworth's mill &
the king's Road, by me actually measured, then Having in Company ,,
the Inhabitants of the oxford Townshipp, Beginning att the said milly
South-east six degrees, Twenty-eight pearches ; Thence south-easf "''
fiftie-five degrees, ninteen pearches ; Thence south-east thirteen de
grees, eighty pearches de ten links; Thence south-east thirty-six
degrees, Twenty-nine pearches; Thence south-east fifteen degrees,;.
thirty pearches ; Thence south-west six degrees, Twenty pearches i

PROVINCIAL COUNCIL. 467
Thence south-east five degrees, Seventy-two pearches ; Thence south
west eight degrees, fifteen minutes, fiftie-eight pearches ; Thence
south-east Twenty-six degrees, ten minutes, seventy-foure pearches;
Thence south fourty pearches; Thence south-west twenty-four de
grees, fifty minutes, fourty-foure pearches ; Thence south-east nine
degrees, fourty -four pearches; Thence south-east fifty -four degrees,
twenty-eight pearches ; Then south-east twenty -three degrees, eigh
teen pearches; Thence south-west three,.degrees, thirty pearches ;
Thence south-west ninteen degrees, seventy-eight pearches ; Thence
south-east eleven degrees, thirty minutes, seventy rTwo pearches ,-
Thence south-west Twenty-eight degrees, thirty minutes, Twentie-
four pearches ; Thence south-west Two degrees, One Hundred and
Twelve pearches ; THe king's Road South-west fourty-five degrees.
[Record of A Branch out of said Road. *
As also a Branch out of the Road aforesaid, Beginning at a white
oak in Richard Buzby's Land; Thence north-east thirty -four degrees,
seventy-two pearches; Thence north-east Ten degrees, ffifty minutes,
thirty-five pearches ; Thence north-east Twenty-three degrees, four-
six pearches ; Thence north-east three degrees, ten minutes, fifty-nine
pearches; Thence north-east ten degrees,, thirty-five minutes, ninty-six
pearches ; Thence north-east thirtie-three degrees, fifty-five minutes,
fifty-six pearches; p. me, JOHN HARPER, Junior.
[Record of the Road from dunken Williams' Landing To The old
king's Road.
By virtue of the Governor's speeiall warrant, bearing date y° 28'11
day of October, 1696, to mee directed, psuant to an order of the
Governo' de Council, granted upon the applicaon of Andrew Hamil
ton, esq'. Governo' of ye Jersies ds post m* generall, I Have surveyed
ds Laid outt the king's roade from y" Landing of dunken Williams,
on delaware, in the Countie of, Bucks ds province of pennsilvania,
Beginning there at a Spanish oak att High water mark ; thence sixtie
foot broad, extending North North-west on each side the Line, divi
ding betwixt the Land 'of the sd duncken Williams ds Nathaniel Hard-
ing,Two Hundred pearches; Thence in the sd duncken's Land, north
eightie-One degrees, westerlie fourtie pearches ; Thence north sixtie-
foure degrees, westerly sixtie-two pearches, Unto the old'king's Roade
which Leads to Philadelphia, ds Hath been ancientlie Surveyed ds
Returned. The Janry, 1696, p. me,
THO. FFAIRMAN, Survey'.

Province op Pennsilvania & Territories.
Minutes of Council in the Assembly, Anno R. R. Gulielmi, Tety
nunc Angliffi, dsc. Octavo.
pe* October, 1696.
Att a Councill Held att Philadelphia Die Lunse, 26a Octob', 1696,
hora tertia post meridiem.

468 MINUTES OF THE
present:
WM. MARKHAM, Esq'.. Governo' under Wm. penn, Esq*, dec.
Edward Shippen, Jasper Yeates, Wm. Clarke,
Anthony Morris, John Hill, Jno. Donaldson,
David Lloyd, John Brinckloe, pat. Robinson.
The Representatives Returned to serve in Assembly, by Sam"
Richardson de Wm. Rodeney, acquainted the Governo' that they wer
readie to make their appearance, who told them that hee waited for
them. #
After some time Sam" Richardson, James Fox ds Nicholas Walne,
(Sam" Carpenter absent,) for the Countie of Philadelphia ; Wm. Biles,
Joshua Hoops de Wm. paxton for the Countie of Bucks ; John Sim-
cocke, Jn" Blumston de Caleb pussey for the Countie of Chester ; John
Hussey, Cornelius Empson and George Hogg for the Countie of
Newcastle ; Wm. Morton, (Richd Willson absent,) for the Countie
of kent, (Thomas pemberton & Roger Corbet for the Countie of Sus
sex, absent.) All those present did subscribe the declaraon of fideli
tie de profession of the Christian beleife de the Test. Adam peterson
for Newcastle, Wm. Rodeney for kent, ds Jn° Meirs for Sussex; and
took the oathes appointed by act of parliamt to be taken instead ofthe
oathes of allegiance ds supremacie, ds Subt. the test. The repsen
tatives appearing, being thus Qualified, The Governo' said: Gentl., I
desire you to goe together de choose yo' Speaker, ds present him to
mee to-morrow morning att ten of the Clock.
Adjourned to 27"1 instant.

[27" Octob', 1696.
Att a Council Held att Philadelphia die Martis, 27,h October, 1696.
PRESENT I «
WM. MARKHAM, Esq', dsc. et ysdem ut supra.
Cornelius Empson ds Wm. Rodeney, from the assembly, told the
Governo' that they wer readie to waite upon him ; Who answered
that hee de Council had expected them a Long time, fit desired they
might come. Who accordinglie came, and presented John Simcocke
for their Speaker ; Who having disabled himself, Hee desired /the
Governo' to Command the assembly to choose another in respect he
was antient, de that there wer more fitt psons for that trust than hee
among the Representatives. To whom the Governo' answerd, that
hee was well satisfied in the choice.
Then the Governo' said: Gent., The effectuall Consideraon of her
Late matjes Letter was the chief occasion of my calling the last Coun
cil ds assembly, and seeing att that time nothing was done to ans' the
same, and that the Quota of men, dsc. therein exprest to be given by
this province to Newyorke, Hath been often demanded of us by Go
verno' ffletcher, Therfore, I propose it to you now as the first thing

PROVINCIAL COUNCIL. 469
to be Considred. The second thing I Recomend to yo' Consideraon
is the Securitie & defense of this province ds territories, & that the
rather, because when his matie was pleased to restore M' penn to his
governmt,-Hee gave his Matie good assurance that hee wold take care
ofthe governm' of the same, de would provide for the saftie ds secu
ritie therof all that in him Lay ; ' To Inforce both which, the Go* desired
the Secrie to read his matjes Lres patents unde' the great seal of Eng
land, restoring Mr penn to his governmt &, her Late matjes Letter :
which hee did, ds delivred Copies of botii to the assembly for their
greater ease & satisfaction
Adjourned to 28*' instant.

[28*11 Octob*, 1696.
Att a Council Held att Philadelphia die Mercury, 28'" October,
1696. PRESENT :
WILLIAM MARKHAM, Esq*, Governo' dsc. et ysdem ut supra, except
Jn° Donaldson-^sick att philad.
The Governo' told the Council that Hee had received His Excellie
Go' fftetcher's speech to the assembly of newyorke, dated 16th instant,
which had some relaon to the first thing by him recommended to the
assembly, viz : The Consideraon of the Late Queen's Lett* for the
Quota to be sent by this province to Newyork, and askt the advice of
the Council, whether to Lay it before the Assembly. The Council
advised him to lay it before them.
Adjourned to 3 post meridiem.

POST MERID.
Att a Council Held att Philadelphia, Hora tertia post meridiem.
present:
WM. MARKHAM, Esq'. Governo', dsc.,et ysdem ut antea, except ut
antea.
The Governo' Ordered Wm. Clarke ds pat. Robinson to acquaint
the Assembly to attend him forthwith, which they two accordinglie
performed, & told the Governo' they wold wait upon him. M' Speak
er de the members of Assembly appearing,
The Go' said : " Gentl, You may Remember that the 27'" instant
" I recomended to you the effectual Consideraon of the late Queen's
"Lett',de his Excellie the Go' of newyorke, his demands ofthe Quoto
" therin mentioned, to be sent for the assistance of newyork from this
" province. Since which, I have received the sd Go' fftetcher's speech
" to the assembly of newyorke, dated the 16"1 instant, which had some
40

470 MINUTES OF THE
" relation to that matter, which I give you, that thereby you may
" see the pressures of that province, de the great occasion they Have
"of men ds monie, de of food & rayment,to be given to those nations
" of Indians that Have Latelie suffered extreamlie by the French,
" which is a fair opportunitie for you (y' for Conscience cannot Con-
" tribute to warr) to raise monie for that occasion, be it und' the
" Colour of support of governm', or of reliefe of those Indians, or
" what else you may call it. The Speaker said they wold Consider
" of it.','
Adjourned to 30"1 instant.

[30,h Octob', 1696.
Att a Council Held att Philadelphia die Veneris^O"1 Octob', 1696.
present:
WM. MARKHAM, Esq', Governo', dsc.
Edward Shippen, Jn" Brinckloe, . John Hill, ds
Antho. Morris, Wm. Clark, pat. Robinson.
David Lloyd,
The Go' acquainted the Council that yesterday Hee had received
a Lett' from his Excelly Go' ffletcher, of Newyork, demanding the
Quota assigned for this province de newcastle ; which hee caused the
Secrie to read, and then ask the advice of the Council, whether to
send for the assembly ds comunicate the same to them. The Coun
cil advised him so to do.
Ordered, that John Hill &z Jn" Brinckloe acquaint the assembly to
attend y° Go' forthwith, Who reported that the Assembly wold wait
upon him speedilie.
Then the assembly desired admittance, and wsr accordingly
admitted. Then the Governo' said : " Mr Speaker de you Gentl. ofthe assem-
" bly, you are a verie silent & close Assembly, which I believe pro-
" ceeds from some jealousies you may have that I intend to take away
" yo' Charter. M' Goodson relinquished his assistanceshipp to me,
" that Arthur Cook might take it up, by presenting to mee a Comis-
" sion from the proprietor to -me, which hee had keept hid from mee
" these 18 mo's past, de wdl authorized me to act according to Lawde
" Charter, & by another to Sam" Jennings & Arthur Cook, to be my
" assistants, which they also keept hid from mee the Like time.
" Gentl, After the proprietor had his Governm' restored to him, I was
" of opinion that his Charter to you was in force, and I then called
" you together according to it, (except in the day,) & endeavored to
" putt the governm' in that frame it was in before it was taken from
"him, de no man more asserted the powers ofthe Charter than I did,
" and am, still readie to doe ; But the then Representatives wer ot
" opinion that it Could not be Reassumed but by a Legislative authoritie,

PROVINCIAL COUNCIL. 471

\

" which was a thing of too great moment for mee to have done
" wtout advice from the proprietor, who gave the Charter; and since
" att that time you owned not yo'selves to a provincial Charteral
" Councill, It was then in my power to dissolve you, which I did.
" Gentl, no man ever heard mee say that the Charter was void, de
" no man stood more for the defence of it than myself. And had
" that jC omission which M' Cook now presents to mee from the proprie-
" tor, which authorizes mee to act by Law ds Charter, been the first
" presented to mee, I could not even by it, have acted more Charter-
" allie than I did by that by which I then &i now act, which authori-
" zes mee to act according to the Laws de Usages. And'since you
" say that the Charter cannot be put info act de motion wtout a Legis-
" lative authoritie, If I had power or Instructions from the proprietor
" to doe it I wold most willinglie ; But yet for all that, care must be '
" taken ffor the governm', and if by Charter I can doe nothing by the
" king's Letters patents, I must, seeing the emergencie of affairs, call
" for it with all dispatch. Gentl, If there be any thing you wold
" have me do that may secure anie right or claime you have in Law
" or equitie to that Charter, or anie part of it, (besids putting it in
"force wtout the , proprietor,) I'le offerr that nothing you doe this
" sessions shall be any manner of way prejudicial to yo' claime or
" right to the same.
" Gentl, Its above 12 mo's since I called an Assembly, de indeed
" I was backward to call one, knowing how fond you wer of the
"Charter, Hoping to Have Heard from the proprietor ; but now the
" emergencies being such that I could no Longer delay the calling
" you, I have now called you according to the king's Lres patents to
" M' penn, ds as neer as I can according to the Customs of the nigh-
" bouring provinces. Gentl, yesterday I received a Lett' from his
" Excellie Go' ffletcher, demanding or Quota, dsc." Which the Go'
ordered the Secrie to read, w011 was done, Si, delivred to the assemblie
for their Consideraon. ».
Then the Speaker of the Assemblie presented to the Governo' a
paper of this tenor, viz :
" To the Governo* &, Council. Wheras, the Go* has been pleased
" to conveen us by his writts, tho' not in the form of Charter, as wee
" could' desire, Wee have obeyed the same & considred what he has
" laid before us, Viz : an ans' to the Late Queen's Letter, ds o' pro-
" prietor's promise upon his restoration to his governt, And wee are
"heartilie ds Unanimouslie willing de ready lo perform or duties
"therein so farr as in us Lyes, If the Go' wold be pleased to settle
" us in o' former Constituon enjoyed by us before this govermt was
" comitted to Go' fftetcher's trust. Signed by order of the assemblie.
JOHN SIM COCKE, Speaker."
Then the Go' said: "Gentl., What I have said to you but now
"Contains a sufficient ans' to this message, Soe I need not repeat it
" again. And Gentl, you may make what Salvo you please to secure
" your Charter, so that nothing that shall now be done shall prejudice
" your right de claime to it, and lie consent to it, but I cannot give it
" you for want of power."
Adjourned td 4 post meridiem.

472 MINUTES OF THE
POST MERIDIEM.
Att a Council Held att Philadelphia Hora Quarta, post meridiem.
present:
WILLIAM MARKHAM, Esq*. Govsrno', dec.st ysdem ut supra.
Two members from the assembly acquainted the Governo' that the
assemblie desired a Conference with some of the members of Council,
Wherupon the Go' appointed Wm. Clark, David Loyd, John Hill ds
pat. Robinson, to join a Comittee of the assemblie, In order to Consider
what expedient they may find outt to secure to the people their Char
ter, Liberties de priviledges, if the assemblie will att this time raise monie
to ans' the Queen's Letter for the assistance of newyorke, and to meet
to-morrow morning.
Adjourned to 31'* instant.

[31" Octob', 1696.
Att a Council Held att Philadelphia Die Saturni, 31 ¦» Octob', 1696.
present:
WM. MARKHAM, Esq'., Governo', dsc, et ysdem ut Supra.
William Clarke (who was Chairman of the sd Comittee) made re
port to the Governo' & Council in writting, viz : att a Comittee held
att Philadelphia the 31'1 instant: psent for ye Council W. Clark, David
Lloyd, Jn" Hill ds pat. Robinson ; for the assemblie, Cornelius Emp
son* Wm. Biles, Sam11 Richardson, Wm. Rodeney, Caleb pussey, Jn"
Miers, Jn" Blunston, Samll Carpenter. The matter Comitted to Con
sideraon being, what may be the best expedient to ans' the Queen's
Letter ds preserve the people's priviledges Considering the Governor's
ans' to the assemblie yesterday.
After a full Consideraon de debate therupon, It is the Opinion of
the Comittee that money may be raised to ans' the Queen's Lres, with
this proviso : That the Go', att the request of y° assembly, will be
pleased to pass an act with a salvo to the proprietor de the people,
and that hee will also Issue outt his writts for choosing a full num
ber of repsentativss on the tenth day of the first mo. next, To serve
in provinciall Councill de assemblie, according to Charter, untill the
proprietor's pleasure be known therein, and if the proprietor shall
disapprove of the same, that then such act shall be void ds no wise
prejudicial to him nor the people, In relation to the validitie or Inva-
liditie of the Charter. And y" sd Wm. Clark further Reported, that
the Assemblie have Caried the sd report to the assemblie for their
acquiescence to the same. i
Then the Go' desired pat. Robinson to acquaint the assemblie
that the Governo' waits for them, who returned that they wold wait
upon him speedily.
The assemblie appearing, M' Speaker presented to the Governo'

PROVINCIAL COUNCIL. 473
the said Report, with this addition, viz : The assembly having approv
ed of this report. Humbly request the Governo' to Consider the same
and Concurr therein. Signed in behalf of the assembly, y" ¦SI* day
of the 8"' mo., 1696. JN" SIMCOCKE, Speaker.
Adjourned to 3d Novemb', 1696.

[3dNovembr, 1696.
Att a Council Held att Philadelphia Dis Martis, 3d Nov', 1696.
PRESENT :
WILLIAM MARKHAM, Esq', Governo'.
Edward Shippen, Jaspsr Ysates, John Hill, *
Anthony Morris, John Brinktee, pat. Robinson.
David Lloyd, Wm. Clarke,
The Governor said : Gentl, I here propose to you a frame of go
vernm' much the same w' the Charter, but with some emendaons &
alteraons, which I think to present to ye assembly, ds yrfore desired
Jn° Hill ds Jn" Brinckloe to acquaint them that hee waits for them
who return that they will wait on him forthwith.
The assemblie appearing, The Go' said : M' Speaker & you Gentl.
of 'assemblie, I have Considered the Report of the Comittee ds yor
acquiescence w' it, have drawn up some heads of a frame of governm'
with some emendations de alteraons from ye Charter, wch I give you,
ds desire you to Consider of it & draw it up into a bill, ds then I will*
Consider whether to pass it into an act or not.
Adjournedto7ttl9b',1696.

[7* Novemb', 1696.
4 Att a Council Held att Philadelphia Die Saturni, 7a Novemb',
1696. present:
WM. MARKHAM Esq', Governo', dsc, et ysdem ut supra, except
Jasper Yeates.
The Go' desired pat. Robinson de Jn" Brinckloe to acquaint the
assemblie that hee and Council doe wait for ym, who returned yf y°
assembly wold wait on him in a verie short time.
The Assemblie appearing, The Speaker presented to the Go' five
bills which had past their house, the Governor told ym that hee
would cause them to be read ds Considred.
Then the Go' desired the Secrie to read the first bill, which hee did ;
& ordered the following title to be prefixed to it, viz : The frame of
' 40*

474 MINUTES OF THE
the governm' of y" province of pennsilvania ds Territories yrunto
belonging. As also, ordered the two Interlineations in page 2d to be
delet. And in page 3d, instead of the words (three years,) to insert
the words (Two years ;) and in page 8th, after the words (relating to
the peace,) to insert the word (saftie.)
Then the Go' desired the Secrie to read the second bill, entitled an
act for raising One penny per pound, dsc. which hee did, and ordered
in page 4th the words (support of goverm' and) to be delet ; and ordered
the Secrie to Cary them back to ye assembly with the sd amendments,
, for their perusal.
Adjourned to 2 post meridiem.

POST MERID.
Att a Council held att Philadelphia eodiem die, post merid.
present :
WM. MARKHAM, Esq'. Governo', dec. et ysdem ut supra, except ut
supra.
The Go' desired y° Secrie to read ye 3d bill, entitled an act how to
raise Countie Levies, which was approved of. As also the 4" bill,
entitled an act for prevsnting of Hoggs, dsc. Running att Large in .the
town of Chester, wch was approved of. As also ye 5"' bill, entitled
An act for preventing of accidents that may happen by fire in the
towns of Philadelphia de newcastle, wch was approved of.
Then the Go' desired Jn° Hill to acquaint the assemblie y' he waited '
for ym forthwith.
the assembly appeared ds psented to ye Go' ths first two bills wch
they past in their house, wt the amendments proposed. Then the
Go' Caused y" Secrie read over everie one ofyesd five bills three
times, ds to under writ each bill in these words, viz : philad. ye 7"1
day of 9br. 1696, this bill being three times read, was assented to by
y* Go' ds Council, and then hee did pass ym all, one after another, by
affixing yrto his hand ds Seal of y" province.
Then ye Go" ask't yc assembly whether they had prepared any
other bills for his assent. Who ansred no. Then the Go' said: Gentl,
1 doe dissolve you, ds you are hereby dissolved.
The end ofthe 4"1 Sessions of Council ds Assembly.

PROVINCIAL COUNCIL. 475-
[PHILADELPHIA IS*" May, 1697.
Att a Councill Held att Philadelphia die Jovis, 13lhMay, 1697, post
merid. present :
WM. MARKHAM, Esq', Governor under Wm. Penn, absolute proprie
tarie of y" province of pennsilvania and the Territories thereunto
belonging.
Sam11 Carpenter, John Simcocke, John Curtis,
Edward Shippen, Caleb pussey, Wm. Clark, .
Joseph Growdon, peter Alriches, Jno. Hill,
phineas pemberton, Richd Halliwell, pat, Robinson, Secry.
Upon Reading ye petition of peter Gronendyke, desiring an appeal
to the next provincial Court, dsc. , ds full debate yron, It being by the
Governo' put to the vote whether the sd petion ought to be granted ;
It was caried in ye negative, nemine contradicente.
Adjourned to 1 5th May instant.

[^"May, 1697.
Att a Council Held att Philadelphia die Sabbatti, A. M. 15th May,
1697. present :
WM. MARKHAM, Governo', und' Wm. Penn, dec, et ysdem ut antea,
except peter Alriches.
Sam" Atkins petion ag' Edmond Dutton, Requesting the Governo'
ds Council again to order y" said Dutton to receive' from him ye 121b .
yrin mentned ds charges, that hee may be eased from His Unreason
able demands ds vexatious proceedings, & that his estate may not be
any longer lncumbred ds may have Libertie to Leass or sell y" same,
was read.
Ordered, That the Secrie give the sd Edmond Dutton a Copie ofthe
sd petion, and that Hee be summoned to appear befor the Governo'. &
Council, To make answer to the same.
Adjourned to ye 20"1 May instant.

[20* May, 1697.
Att a Council Held att Philadelphia die Jovis, A. M. 20° May,
1697. J
\
PRESENT :
WM. MARKHAM, esq. Governo' und' Wm. penn, &c, et ysdem ut
antea, except ut supra.
The petion of Rob' Chinton, Edmund Lassey ds peter Clauson

476 MINUTES OF THE
bein°- read, setting forth That they wer Comitted CIoss prisoners for
suspition of piracie ds fetonie, wherof they wer not guiltie, de yrfor
desired Releasment, or that bail might be taken for their appearance.
Ordered, that Robt. Snead appear before the Governo' & Council
to-morrow morning, de bring with him his Informaon ag* the peti
tioners. Upon reading the petion of y" Repsentatives for the Countie of kent,
Setting forth THat Richard Willson ds Wm. Morton, to whom the
care of purchasing a- piece of Land ds building a Court-house for y°
sd Countie att the Head of Jones's Creek, was by the grand Jurie of
the said Countie Committed, who have purchased the Land, but denie
to be anie further concerned yrin ; And therfore, desiring that some
other persons that are willing to Compleat such a building, may be
appointed, And that the sd Richard Willson de Wm. Morton, Render
a just accompt of what they have Received, and how they have dis
posed the same, dsc.
Ordered, THat the next Countie Court for ths said Countte doe
appoint two other psons to build the said House, and that the sd
Willson ds Morton do forthwith accompt with de pay to the said
Court, in behalf of y" Countte, what they have received ; And if they
Refuse, that the sd Countie Court doe make Return of their Contempt
to the Governo' and Council.
Adjourned to the 21st instant.

[21" May, 1697.
Att a Council Held att Philadelphia Die Veneris, A. M. 21s1 May,
1697. PRESENT :
WM. MARKHAM, esq'., Governo* under Wm. penn, dsc, et ysdem
ut antea, Except peter Alriches.
Robert Snead appeared before y° Governo' ds Councill, who ask't •
him for his Informaon agt Robt. Chinton, dsc. Hee answered that hee
had no Informaon nor the proclamaon, but said that hee had sent for
y proclamaon ag' Averie als. Bridgman, and that hee wold no other
wise prosecute the sd Rob' Chinton then as a justice of the peace, &
that the attornte generall would prosecute, de y' when the petioners '
Came to their triall, Hee would exhibit an Informaon ag' ym.
The petion of the Repsentatives for Bucks Countte being read,
Setting forth their want of a Convenient Roade from y° Countte of
Bucks to Philadelphia, de a roade to the ferry att dunken Williams',
In manner yrin mentioned, And yrfor Requesting the sd roads to be
Laid outt accordinglie ; Ordered, That the sd Roads be Laid outt
with the Consent of y* nighbourhood, And that a warrant! be direct
ed to phineas pemberton, Surveyo' for Laying outt the same accord
ingly.

PROVINCIAL COUNCIL 477
Upon reading the petion of Mary keys, widdow, Relict ds adm'rix
of Richard keys, deceased, setting forth That his psonal estate
amounts but to 1421b. 15s. as p. Inventarie, and that shee stands
Indebted to severall persons in y° sum of 1911b. 7s. that is alreadie
Come to Her knowledge, and fears more debts yet unknown may
come upon her, ds finds no bodte indebted to her ; Wherby it appears
that the sd movable estate will not by farr amount to the paymt of
her debts that already appear, farr Less to educate & maintain her
& her two poor children : And yrfor Requesting the Governo' and
Councill to allow de permitt the petion* att present to make sale of
such part or parts of the real estate as they shall see meet, Towards
y" defraying of such just debts, the educaon of her children, Her owne
support, de the better Improvment of y" Remairid' of the sd estate to
their advantage, According to the Laws and Customs of this pro
vince. Ordered, That Wm. Clarke de Edward Shippen Inspeict ds examin
the within petition and the truth of the allegaons yrof, & make Report
to this board ye 22d instant.
Adjourned to 22d instant, Hora 9 A. M.

[22d May, 1697.
Att a Council Held att Philadelphia Die Sabatti, A. M. 22" May,
1697. PRESENT :
WILLIAM MARKHAM, esq', Governo', dsc, und' Wm. penn, et
ysdem ut antea, except ut supra.
William Clark ds Edward Shippen, to whom the inspection and
examinaon of the petition of Marie keys, ds of the truth of the alle
gaons yrof, was Comitted, made Report to the Governo' de Council,
that they have examined the allegaons of the sd petition', ds do find
that shee is Considerably indebted more than the movable estate will
defray. Ordered, That the sd Marie keys be allowed de permitted, and is
hereby by the Governo' de Council, allowed, permitted, authorized &i
Impowered for y6 present, to make Seal ds Conveyance to any persons
whatsoever, of the brick house in the Second street in the town of
Philadelphia, with the Lott of Land & apptenances thereof, &, to
them de their Heirs ds assigns forever, towards the defraying of her
ds Her sd deced Husband's just debts ; The educaon ds maintainance
of her two children, her own support, ds the better Improvment of y"
Remainder of the sd estate to their advantage, according to the Laws
de Customs of the said province. . To Hold to the said purchasers,
ds their Heirs ds assigns, ds to the use and behoof of the sd pcha-
sers, their Heirs ds assigns in fee simple, ds estate of Inheritance for
ever, &c. *

478 MINUTES OF THE
According to a former order from the Governo' ds Council y* 15*
May instant, Edmond Dutton appeared, ds being heard to 'answer the
petition of Sam" Atkins, exhibited ag' him the said day,, and being
ask't why he did not accept of ye 121b. when it was tendered to him
by y" sd Sam" Atkins, accordirig to an ord' of this board the SI* of
Octob', 1696. The sd Edmond made answer that the sd Sam" never
made anie such tender, ds if hee had, Hee declared that hee never did
nor wold accept of y° same. And Sam11 Atkins Having produced to
the Governo' de Council sufficient prooff of the said tender, (accord
ing to the sd former order,) before the Countie Court ds att this board,
both by writting, de by the knowledge of some of y° members of
Councill, It was ordered, THat the sd Sam" Atkins doe att the next Countie
Court of Philadelphia, Consign, deposit ds pay the sd sum of 121b.,
with all the Legall cbarges that Have accrued upon the suits upon
the bonds of arbitraon, both att the Countie ds provinciall Courts,
into the hands of Jn" Claypoole, sheriff of y sd Countie, for the use of
the said Edmund Dutton, and that the same so Consigned, deposited &
paid, be in full satisfaction to the said Edmund, of all sum & sums of
monie due by the sd Sam" Atkins to the sd Edmund Dutton, by reason
of the sd arbitration, bond, Judgmt & execuon following* therupon ;
And that after the said Consignment is made, THat an order from the
Governo', und' his hand ds seal of the province, be directed to the
Sheriff of Philadelphia, Comanding Him to make Restitution to the
said Sam" Atkins, of all goods, chattels, houses, Tenements, Lotts
and Lands, whicb be has taken in execuon upon the said Judgment,
becaus the said execuon did Improvidentlie Issue forth.
Upon Reading the petion of Ann Collins ag' Jn" Crapp, Chirur-
geon, his severe treatment of her, Jn° Crapp appeared ds produced a
warrant, und' ye Hand de Seal of a Justice of ye peace, Comanding
him to takedier Into His particular charge, to be cured of her mad
ness, ds declared that hee used her as a patient in that Condion.
Ordered y' ye petitioner & her complaint be & is referred to the jus
tices of ye peace of ye Countte of Philadelphia, for relief.
Adjourned to y" 24"1 instant, hora 9 A. M.

[24'h May, 1697-
Att a Council Held at Philadelphia die Lunae, A. M. 24* May,
1697. PRESENT :
WM. MARKHAM, esq'., Governo' Under Wm. penn, dec et ysdem'
ut antea, except ut supra.
Upon Reading the petion of Edward Antill, Setting forth the rea
sons offered by him ag' a Judgm' obtained in a provincial. Court held
for ye Countie of Bucks, ye 15,h of April, 1695, wherin Gilbert

PROVINCIAL COUNCIL., ' ¦ 479
Wheeler was appellant, de by which Judgm' the petitioner alledges
hee had wrong done him, & y'for desiring from the Go' ds Council
such Relief as they shaft think most most just de equitable, both in
Law de Conscience, or grant him an appeal for England, as y" Law
directs. After some debate yron, It was by the Go* put to ye vote, whether
y" sd Edward Antill's Case, ds ye Judgm' given by y" provincial Judges
in the Last Court of equitie in the Countie of Bucks, should be Re- ,
heard in y" next provincial Court in equitie for ye sd Countie. It was
Carried in the affirmative, nemine Contradicente.
Ordered, That the said Case de Judgment be Reheard in the next
provincial Court in equitie for y° sd Countie of Bucks, by y° Judges
to be appointed for ye said Court.
Upon Reading the petion of Tho. Curtis, messinger ofthe Council
for y° Last year, and this ss., desiring paym', Ordered that the Go'
Issue his warrant to the Receiver, James Fox, to pay the petition' 51b,
10s. In the order as the act for Assessment in 1696 prescribes.
Upon Reading the petion of sundrie mer"s of Philadelphia, about
the naval officers' fees, The same was Recomended to y° Consideraon
of the assemblie for ascertaining y" sd fees.
The Speaker of the assemblie presented to the Go' de Council a
Bill of Charges for their house rent, Clerk & messinger's fees, amount
ing to
Ordered that the Go' Issus his warrantt to ths Rscsiysr, Jamss
Fox, to pay ths sd bill, in ys Order as the Law for y° sd assessment in
1696 prescribes. ,
Att ds Upon the Request of patrick Robinson, Secrie, that theaccot
of his services done for y" publick from the 7th day of 9br. 1696, to the
Rysing of this sessions of Council and assemblie, be made upds paym'
made him accordinglie.
Ordered, that the sd pat. Robinson's accot of his Services done for
y* publick from the sd 7m-day of 9br. to the rysing of this ss. of Coun
cil ds assembly, be made up at the next meetting of Council, and paym'
ordered him outt of the provincial stock, as soon as it is or can be
raised. Adjourned to y* 10lb of June, to the House of phinehas pemberton,
in Bucks Countie.

lO*1* June, 1697.
Att a Council Held att the House of phineas pemberton, lO"1 June,
1697.
WM. MARKHAM Esq'. Govsrno' under Wm. penn, dsc.
Sam" Carpenter, Caleb pussey,
Joseph Growdonf phineas pemberton.
Upon Reading the petion of the Inhabitants de owners^of Lands

480 MINUTES OF THE
within the Countie of Bucks, but more especiallie within the Town
ship of Bucks, Setting forth that from the arrival of the English here,
divers adventurers settled in that part of the province which was
afterwards made into a Countie by the Go' ds Council, who did ap
point its Limitts 6z called it by the name of Bucks, and that the sd
Countie has .had no market town; And that severalls in the said
Countie have Considered of a place for a market town, viz: att the
ferry agt Burlington, within the sd township of Buckingbam, and that
the sd psons have projected the same Into ways &. streetts, Having
regard to the divisions of divers men's Land by the sd streetts in
the sd town as now Laid down ; And yrfore Requesting the Governo1
and Council to take it into their Consideraon, & if they approve the sd
place, then to modell the sd streets wherin tht-y are not agreeable to
their minds, and where they are to approve ym ; as also to grant ym
a market there weeklie ; as also to grant ymthe Libertie of wharfing
ds building to a Convenient distance Into ths rivsr & Creek ; As also
that everie street and opening towards the river ds Creek may be
allowed to. be a publick Landing ; As also that the buildings on the
banck may be so regulated as ther may be a street under the bank,
both to the river & creek, and that the major part of owners of Lands
there may have power to appoint two or more psons to see that the
sd regulation be observed ds keept without anie encroachment; as
also that they may have an officer Licensed to Seal all Liquid ds dry
measures. The which request being by the Governo' de Council verie reasona
ble, It was Resolved that a town be there erected, and the ways &
streets to be'according to yj model y" agreed upon.
Ordered, that a fair draught be made (according to ths said modell)
by phineas pemberton, Surveyor of y° ways' ds streets, & their seve
ral names ds bearings, to be further Confirmed by the Governo' and
Council. Ordered, That Jn° White be licensed to have a seal to seal Liquid
and dry measures, according to thesd petion.
Ordered, that a Road be Laid outt from the passage over portr
quessing Creek to Neshamine Creek, att Joseph Growdon's Landing,
in the Land hee Latelie* bought of Thomas ffairman, ds from thence
to Buckingham, and thence to Joseph Chorley's house, and thence to
the River side ; and that a ferrie be settled att the aforesaid place
att Neshaminee, and another over delaware, agt the house or Lane of
the sd Joseph Chorley, where the road shall be Laid outt.
Ordered, That a bridge in the road over portquessing Creek, be
forthwith made new by the Countie of Philadelphia ds Bucks, att
their equall charge.
Ordered, that ths said Jos. Chorlsy Have License to keep the
ferrie over delaware, and Jn" Baldwine over Neshaminee, they giving
good securitie to the proprietarie for the performance of their dutie
therein. Ordered, That Wm. Biles ds phineas pemberton doe discourse the
Inhabitants of West Jersie principallie concerned about' Laying outt

PROVINCIAL COUNCIL. 481
the road for Newyork that side the River, and if possible, to miss
mill stone river, or to be Laid outt over it in a convenient ds safe
place.

[12th June, 1697. «,
Att a Council Held att Philadelphia 12"' June, 1697.
present:
WM.. MARKHAM, Esq'. Governo' under Wm. penn, dsc.
Sam" Carpenter, Caleb pussey, phineas pemberton.
Edward Shippen, >
The Governo' Having read a Letter from Wm. Stoughton, esq'.,
Governo' of ye Massachusetts bay in Newengland, dated att Boston,
y" 29^ May, 1697, in which was inclosed a Copie of his Maties Lett'
to the sd Lt. Go', bearing date from kensington, y" 18° of March,
1696-7, Requesting him to encourage the sending of such provisions,
victualls ds refreshments, as may be usefull to his mattes Shipps Ss
Land forces in their expedion to New found Land, In order to the
recoverie therof from the french, and the sd Wm. Stoughton's Letter,
signifying to- the Go' their inabilitie to ans' His maties Comands in
respect to their scarcitte of provisions, thought it necessarie for His
Maties Service; to Comunicate y° same to ths Govsrno', not doubting
of his readines to encourage the sending of such provisions, victualls
de refreshments to New found Land, as may be needful for His Maties
shipps de Land forces employed upon that expedion. Resolved,
That the Governo' Issue his proclamaon Signifying the sd occasion,
de yrin to give all encouragement Can be desired by any persons
that are willing to export anie provisions, victualls or refreshments
to new found Land, for the expedion aforesaid, Which hee accord
inglie did y. 17th of June, 1697.

[Is* October, 1697.
Att a Council Held att Philadelphia the 1" of Octob', 1697.
present:
WM. MARKHAM, esq', Governo' under Wm. Penn, dsc.
Sam" Carpenter, Edward Shippen, Caleb pussey,
Wm. Clark, John Simcoke, Richd. Halliwell, ¦
„ Upon Reading ofthe petion of Elizabeth Hooton, widdow, ds Elinor
Whitfield, Her Servant, that they might come to a Speedy triall, upon
a psentment brought ag' them the Last provincial Court, about the
death of Charles Goss, THe Governor putt it to the vote whether they
had any thing to object ag' their having a speedie triall, or his granting
41

482 MINUTES OF THE
a'Special Comission for y'same. It was Carted in the negative, ne
mine Contradicente; that is, that they had nothing to object ag' y'
same. Ordered, That the Governo' Issue a Special Commission for the
triall of the said Elizabeth Hooton and Helinor Whitfield, her servant.
Upon Reading the petion of Robert Webb, for a Rehearing of
George plater's ac'on ag' him, att the next Countie Court, or befor the
provincial Court, The said petion after full debate, was rejected.
Upon Reading the petion of Thomas Curtis, for Clerk of the mar
ket & Corder of wood, The same was granted him.
Then the Governo' said: Gentl, I Latelie received a Letter from
His Excelly Francis Nicholson, Governo' of Marie Land, bearing
dateyc 16'" of August last. I have forborne making ans' to it, Until
1 had opportunitie to Comunicate y° same to you, in ord' to have yo'
advice therein, being equallie Concerned in it with my self: Read it.
The Clark reads the direction, viz: To the Right Honble Wm. Mark
ham, dsc. att Philadelphia, then the Governo' bid the Clerk read
onlie the last paragraph, that being all that concerned ym. The
Clerk reads, viz: 1 hear it's reported that I entered Into Sussex Coun
tie (in which I suppose the whor-kills is) with men Si horse, ds broke
open chests, dec, att which Report I verie much wonder; therfore,
desire that you would do that piece of Justice as to send mes under
yo' hand, what you, know in that affair. And I think I ought to have
it also from under ye hands of those who are of the Council of penn
silvania, dsc. And if these two things are denied mee, You must all
excuse mee If I esteem you all enemies to FFR. NICHOLSON.
After some debate yrupon, It was Resolved ; That seeing the sd
Letter was onlie directed to Coll. Wm. Markham, ds not to him as
Governo', nor to the Council of this province ; Therfor, y members
of Council did Humbly offerr it as their opinion to the GoVerno', That
they are und' no obligation to make ans'; But as they have hitherto
done justice to all who addrest ymselves to this board for it, so they
shall sver Continoue to doe the same.

PROVINCE OF PENNSILVANIA AND TERRITORIES.
Minutes of Council in the Assembly. Anno Ri. Rs. Gulielmi, Terty
nunc Anglise, dsc. Novo.
[10th May, 1697.
Att a Council Held at Philadelphia Die Lunas, Ante meridiem, 10*
May, 1697.

PROVINCIAL COUNCIL. 483
present:
WM. MARKHAM, esq'., Governo' under Wm. Penn, esq'., absolute
proprietor ofthe province of pennsilvania, and the Territories there-
unto belonging.
The sheriff of the Countie of Philadelphia his Return of Represen
tatives for Council was produced, whereby it appeared that ther wer
elected, Sam" Carpenter ds Edward Shippen, who appeared.
The Sheriff of the Countte of Bucks His Return of Representatives
for Council was produced, wherby it appeared that there wer elected,
Joseph Growdon ds phineas pemberton. The sd phineas appeared.
The Sheriff of the Countie of Chester his Return of repsentatives
for Council was produced, qrby it appeared that there were elected
Jn° Simcocke ds Caleb pussey, who appeared.
The said five repsentatives for y" sd three Counties did subscribe
the declaraon of fidelitie, The profession of the xtian faith ds the test,
and took their places att the board.
The sheriff of the Countte of kent his Return of Repsentatives was
produced, qrby it appeared that ther wer elected Griffith Jones ds Jn°
Curtis, who appeared; But being unwilling to be Qualified at that
time, they wer desired by the Governo' to absent for that time.
The Sheriff of the Countie of Sussex His Return of Repsentatives
was produced, qrby it appeared that ther wer elected Wm. Clark ds
Jn" Hill. Wm Ciark subscribed the declaraon, profession ds Test,
ut supra, de Jn° Hill took the oaths appointed by act of parliam' to be
taken in sted of the oaths of allegiance ds Supremacie, de subt. the
Test, and took their places att the board, ds yn ther wer
present:
WILLIAM MARKHAM, esq'., Governo' und' Wm. penn, esq'., dsc.
Sam" Carpenter, John Simcocke, Wm. Clark,
Edward Shippen, Caleb pussey, John Hill,
phineas pemberton, Pat. Robinson, Secry.
Resolved, that the Governo' may be pleased to Cause send by an
express a warrant to the Sheriff' of the Countie of Newcastle, to bring
his return. Which the Governo' was pleased to do und' his owne '
hand & Seal of y° province.
Adjourned to 2 in the afternoon.

POST MERID.
Att a Council Held att philad: die Lunse, post meridiem, 10th May,
1697. present :
WM. MARKHAM, Governo', dsc, et ysdem ut antea, dec.
The Sheriff of the Countie of Philadelphia his return of Repsenta
tives for assemblie was produced, qrby it appeared that there wer
elected Sam" Richardson, James Fox, Robert Owen and Nicholas
Walln, who appeared.

484 MINUTES OF THE
The Sheriff of the Countie of Bucks His Return of Repsentatives
for Assembly was produced, whereby it appeared that ther, wer elect
ed Joshua Hoops, Stephen Beakes, Richard Hough and Jeremiah
Langhorne, Who appeared ; And those eight did subscribe the decla
raon Ss profession, and the Test.
The Sheriff of the Countie of Chester His Return of Repsentatives
in Assemblie was produced, qrby it appeared that ther wer, elected
Jn° Blunston, Bartholomew Coppock, Jn° Worth ds Jonathan Hays,
who appeared de subt. the sd declaraon, profession ds the test, ut
supra. The Sheriff of the Countie of kent his Return of Repsentatives in
Assemblie was produced, qrby it appeared that ther were elected J n°
Walker, Sam" Burberry ds Jn" Bradshaw, Who appeared.
The Sheriff of the Countie of Sussex His 'Return of Repsentatives
in Assemblie was produced, whereby it appeared that there were
elected Luke Watson, Tho. Oldman, (Thomos fisher absent,) and
Nehemiah Field, Who appeared.
The sd Sam" Burberrie de , Tho. Oldman subt.y" sd declaraon ds
profession, dstook the test; The other seven took ye sd oaths de test.
All which members of Assemblie y' wer returned ds appeared being
thus qualified as above, The Governo' said ; Gentl, I desire you to
goe together de choose yo' Speaker, ds present him to mee to morrow
morning att Nine ofthe Clock.
Adjourned to ye ll'"- instant, Hora 9 A. M.

[ya May, 1697.
Att a Council Held att Philadelphia Die Martis, A. M. y ll"1 May,
1697. present :
WM. MARKHAM, esq'. Governo' und' Wm. |Penn,&c. et ysdem
ut Supra.
James Fox St, Jn" Bradshaw two ofthe Repsentatives for Assembly,
acquainted the Governo' ds Council y' ye Repsentatives wer nbt wil
ling to Choose their Speaker untill the Sheriff of ye Countie of New
castle his Return was made de their Repsentatives qualified.
Adjourned till 12th instant, hora 9 A. M.

[12"1 May, 1697.
Att a Council Held att Philadelphia die Mercury, A. M. 12" May,
1697. present :
WM. MARKHAM, esq'., Governo' und' Wm. Penn, dec, et ysdem ut
antea.
Joseph Growdon appeared & subt. the sd profession ds declaration,

PROVINCIAL COUNCIL. 485
ds the test, and took His place att the board. The Sheriff of the
Countte of Newcastle His return of Repsentatives for Council was
produced, whereby it appeared y' there were elected for Council peter
Alriches ds Richard Halliwell, who appeared & took y* sd Oathes ds
the Test : And for Assembly Cornelius Empson, Benj. Gumbly, Jn"
Richardson de Jn° Buckley, who appeared de subt. y° above declaraon,
profession ds test. Then the sd peter Alriches Sl Richard Halliwell
took their places att the board.
Ordered, that Jn° Curtis, returned a repsentative for Council for y
Countie of kent, be sent for. Who having Some, the Governo' said
that hee hoped Hee was now willing to be Qualified. The said Jn"
Curtis ansred, that the Sheriff of y8 Countie of Newcastle his Return
of Repsentatives being Come, &c they being Qualified, Hee was also
willing to be Qualified ; Who accordinglie subt. y° sd declaration, pro
fession ds Test, ds took his place at the board. And then wer
present :
Sam-" Carpenter, John Simcocke, John Curtis,
Edward Shippen, Caleb pussey, Wm. Clark,
Joseph Growdon, peter Alriches, Jn° Hill,
phineas pemberton, Richd Halliwell, Pat. Robinson, Secry.
Cornelius Empson ds Luke Watson, from the Repsentatives of the
Assemblie, acquainted the Governo' that they were readie to wait upon
him. The Go' returned y' hee de Council tarryed for them.
Then John Blunston, accompanied by all ye repsentatives for y"
province Sl territories, presented himself to the Governo', acquainting
him y' y* repsentatives there psent had chosen Him for y' Speaker.
Who, after hee had disabled himself by telling y° Go' that it was a
burden too great for him, ds yrfor desired wold be pleased to bear
with his weakness, as being unacquainted with such affairs. Then
y° Go' said : Sir, you are their Speaker, ds 1 verie well approve of
their choice, ds its all o' duties to bear with one another's weaknesses,
the best of us all being but inexpert in manie things relating to those
affairs. Then the Governo' addressing himself to the repsentatives said:
Gentl, ds you M1 Speaker, "You, are att this time mett together, not
" by virtue of ante writt nor call of mine, but by virtue of a Law made
" by yo'selves, or by yo' repsentatives Last Sessions, & y'for I have
" the Less to say to you. I recomend to yo' Consideraon a Letter
" which I latelie received from his Excelly Benj" Fletcher, Go' of
" Newyork." Then j" Governo' desired y° Secrie to read his Letter to him.
bearing date y" 4" of May, 1697, wherin his ' Excelly tells him y'
Last year they sent in 3001b. pennsilvania monie, which was expen
ded in Contingencies to feed de cloathe y' Indians, for which hee
Returns thanks in behalf ofy' province. Hee farther says: you know
what orders I have for applying for assistance, de upon whatcondions
y" goverm' was restored to yo' proprietor : yo* Quota is 80 men, de
41*

486 «MINUTES OF THE
the charge for one year will amount to 20001b. & upwards; that there
is now 50 men wanting to Compleat the number of forces I design to
be att Albanie, of which I do apply to you for 25 men, or a propor
tionable sum of monie, to ans* other charges w' y" Indians, de of pro
curing those men: and then y" Governo' gave it to M1 Speaker for ye
Assemblie's Consideration.
Cornelius Empson ds Sam" Richardson, two members ofy' house
of repsentatives, acquainted ye Governo* & Council y* y* house Re
quested yB Governo' to appoint a Comittee of Council to join a Co
mittee ofy" Assembly, to Consider of ye sd Lett'. To whom y° Go'
made ans* that hee would.
The Governo' appointed Sam" Carpenter, phineas pemberton, Caleb
pussey, Richard Halliwell, Jn° Curtis ds Wm. Clark, (being one outt
of each County,) a Comittee of Council to join a Comittee of the
Assemblie in ye Assemblies room, to Consider of ye sd Lett' at 3 p. m.
de to make report to y" Go' ds Council to-morrow morning.
Adjourned to 13th instant, hora 9 A. M.

[13"* May, 1697.
Att a Council Held att Philadelphia die Jovis, 13" May, 1697.
present :
WM. MARKHAM, esq'. Governo' under Wm. Penn, dsc, et ysdem
ut supra.
The day before ye Go' having sent for Griffith Jones to appear
att Council, as being Returned a repsentative for Council for kent
Countte, Hee this day appeared, &i ye sd declaraon, profession & test
being offered to him, Hee refused to be Qualified, Unles hee wer ad
mitted upon ye old Charter.
Wm. Clark, Chairman for ye Comittee appointed to Consider of
Governo' fftetcher's Lett', made ye following Report in writting, viz :
Philadelphia, y° 12"' of ye 3d mo., 1697. Att a Comittee Consisting
of Several members of Council de Assemblie, appointed to Consider
of Governo* fletcher demands of a further assistance to ye Governm'
of Newyork, May ye 4th, 1697; Having read his Letter, de weightilie
considered ye same, wee can do no less than acknowledge his ds that
government's regard de Candor to us, in applying ye 3001b. which hee
pleases to mention, sent from this governm' as intended, viz : to feed
6s cloath the distressed Indians. Onlie this wee wold desire, hee
might be given further to understand, that ye sd 3001b. was about
Six mo's borrowed att Interest, upon y" Credit of an act of Assem
blie for raising ye same, de is not yet repaid : Therfore, Considering
y Infancte de pvertie of this governm', which also Lyeth under other
considerable "debts, Wee do not find wee are capable att psent to
raise any more money for y' service, which wee desire o' Go' may
accordinglie repsent, with o' readiness to observe ye king's farther
Comands, according to o' religious psuasions ds abilities. Signed ¦'
by ord' of ye Comittee. WM. CLARKE, Chairman.

PROVINCIAL COUNCIL. 487
Ordered, That the secrie Carrie y° sd report to ye house of rep
sentatives for y' approbation; which hee did. James Fox, one of yc
repsentatives for ye assemblie, Returned y8 same Indorsed thus, viz :
the within report being presented to this House, & read de Considred,
was Unanimouslie approved of. Signed by Ord* of y° Assemblie.
JOHN BLUNSTON, Speaker.
Adjourned to 2 p. m.

POST MERIDIE.
Att a Council Held att Philadelphia die Jovis, 13"! May, 1697,
P. M. present:
WM. MARKHAM, esq'., Governo' und' Wm. Penn, dsc, et ysdem
ut antea.
The Governo' Ordered the Secrie. to read y" Law past Anno,
1696, for raising an assessment of One pennie per pound ; which hee
did. Ordered that the Secrie Call James Fox, Receiver of ye said
tax, to appear before ye Governo' and Council ; Who appeared. Or
dered that James Fox bring in His accots to this board ; which hee
did. Then y8 Governo' appointed Sam" Carpenter, phineas pember
ton, Richard Halliwell, Caleb pussey, John Curtis ds Wm. Clark, a
Comittee to examine the said Receiver's accots of the sd Tax, de to
make Report thereof to this board.
Adjourned to y8 14"' instant, hora 10 A. M. $

[14th May, 1697.
Att a Council Held att Philadelphia die Veneris,' 14"* May, 1697,
A. M. present:
WM. MARKHAM, esq'., Governo' und' Wm. Penn, dsc, et ysdem
ut antea.
Wm. Clark, Chairman ofy" Committee appointed to examine James
Fox, receiver, his accots, de what hee had received of the said tax,
made report by an accot in writting, That by his owne accot It ap
peared that hee had received in all 356£. lis. lOd, ds that severally
ofy8 Collectors had neither brought in the monies they had Received/
nor the duplicats of their precincts, nor y" names of the deficients.
Ordered that warrants be Issued from y" Governo', Qomanding the
Sheriff of Bucks Countte to sumons Jn° Rowland ds Francis White,
Collectors of Bucks Countie, And to the Sheriff of the Countte of New
castle, to Sumons Richard Reynolds, Tho. Wollaston, Richard Cant
well, ds George Harlen, Collectors of the Countie of Newcastle: As
also, to the Sheriff of the Countie of Philadelphia, tojumons Jn° Car
ver, peter Taylor, Attwell Wilmerton, Joseph phipps, Nicholas Skull,

488 MINUTES OF THE
Richard Townsend, Arnold Castle, John palmer, Joseph knight, Ed
ward Shute, >Sam" Nicholls ds Robert Barrow, Collectors ofthe
Countie of Philadelphia, forthwith to appear before the Governo' ds
Council, ds to bring with ym the duplicates ofy8 originall assessment
for their sd rexive Counties, ds the monies they Have received, de the
names of yB deficients in their respective precincts, Under y" pains &
penalties mentioned in the Late Law for raising the said assessment;
Which was accordinglie done.
James Fox ds Joshua Hoopps, from the House of Repsentatives,
Requested the Go' would be pleased to appoint a Comittee of Council
to join a Comittee of Assembly, to Consider of the amendment of
some laws, ds the making of some new ones.
' Ordered, That Sam" Carpenter, Jossph Growdon, Caleb pussey,
Richard Halliwell, Jn" Curtis & Jn" Hill, be a Comittee to join a Co
mittee ofthe House of Repsentatives, to Consider as desired; And to
make Report to-morrow morning.
Adjourned to 15*h instant, Hora 9 A. M.

[I5'h May, 1697.
Att a Council Held att Philadelphia die Sabbatti, A. M. 15ffl May,
1697.
* PRESENT : 4
WM. MARKHAM, Esq'., Governo' under Wm. Penn, dsc. ds all y
* members except peter Alriches.
Joseph Growdon, Chairman of the Comittee appointed to join a
Cornittee of Assemblie, to Consider ut supra, made report to the Go'
ds. Council, That they had proposed severall amendments of some
former laws, ds some new ones to be made, Which ye members of
Comittee for y8 Council left to y" Repsentatives for the assemblie to
be drawn up into Laws.
James Fox & Luke Watson, from the Repsentatives of Assemblie,
presented to the Go' ds Council an accot presented to y' house by
Charles Sanders ds Compa, amounting to 231. 4s. Id., due to ds ex
pended by him by order of Tho. Lloyd ds Wm. Markbam, formeriie
Go™, upon the Indians, Si desired the Governo' ds Councill's advice
I yrupon. After some debate, ds it being found that the sd monie was due to
ym for the service of y8 governmt, It being putt to y° vote whether y'
sd accot should be allowed as a publick charge of y" govsrnment, It
was caried in y8 affirmative, nemine contradicente, de returned to ye
Assembly for y' approbaon.
The petition of severall of y8 Inhabitants of y8 town de Countie of
Chester de others, to the Go' de Council, for an ord' for building a
bridge over Chester Creek, In or neer Chester-town, being read ; As
also another paper, Containing several reasons offered ag' y" sd petion,

PROVINCIAL COUNCIL. 489
signed by several; being read de both debated, And it being by the-
Governo' putt to the vote, whether it's more convenient that the sd
petion be considered rather by a grand Comittee of both Houses than
by the Go' ds Council, Caried in the affirmative, nemine Contradi
cente. Then the Govern' Resolved the Council Into a grand Comittee, to
Join a Comittee of y8 members of Assemblie, to consider y8 sd petion
ds paper, de to make report to him ds Council y8 24'° instant.
Adjourned to 17*° instant, Hora 9 A. M.

[17* May, 1697.
Att a Council Held att Philadelphia die Lunae, A. M. 17th May,
1697. PRESENT I K
WM. MARKHAM, esq ., Governo' under Wm. Penn, dec, et ysdem
ut antea. ,
.David Lloyd,Co-exer. with Isaac Norris, of Thomas Lloyd, decea
sed, exhibited to y8 Go' de Council a draught of a Law to enable
them to sell some parts of y8 Real estate of y" sd Tho. Lloyd, for
paym' of His debts. After some debate yrupon, ds some amend
ments made yrof, it was Recomended by ye Governo' de Council to
the house of Repsentatives for y8 assemblie.
John keighin, who married Sarah Griscom, the widdow, relict de
exrix. of Andrew Griscom, deceased, exhibited to the Go' ds Council,
a draught of a Law enabling them to sell some parts of the estate
of the sd Andrew Griscom, for paym' of his debts. After some de
bate yrupon, It was recomended to the House of repsentatives for y°
Assembly. Cornelius Empson ds Sam" Richardson psented to the Governo'
and Council from the house of Repsentatives, several bills for their
assent. The petion of the Representatives for the Countie of Sussex for
some defence for y' Countie being read, It was ordered to be consid
ered to-morrow, p. m. . *
Adjourned to 18*° instant, hora 9 A. M.

[18*- May, 1697.
Att a Council Held att Philadelphia die Martis, A. M. 18° May,
1697. PRESENT :
WM. MARKHAM, Esq'., Governo' under Wm. penn, et ysdem ut
supra,.except pet. Alrichs ds Jos. Growdon. <

490 MINUTES OF THE
James Fox de Sam" Richardson, from the assemblie, presented to
the Governo' ds Council another bill for their assent. The Sheriff
of the Countie of Bucks His Return of y8 Sumons directed to him
being read, Jn° Rowland, one of the Collectors of y8 sd Countie,
appeared de brought in the duplicate of y8 rate of his precinct, de
declared hee had done no farther, ds also declared that rather then
he wold demand, collect, or strain for y8 Sd assessment, hee wold pay
the fine in the Law mentioned.
Adjourned to -2 post meridiem.

POST MERIDIEM.
Att a Council Held att Philadelphia, p. m.
present :
WM. MARKHAM, Esq'., Go', et ysdem ut antea, except peter Al
richs. , "
The Go' did resolve the whole members of Council into a grand
Comittee, to meet the whole house of repsentatives for assemblie, •
to be a ¦ grand Comittee of both houses, to examin what monie is
brought in according to the Late act, ds to Consider what may be
necessarie to be done for the speedy paym' of the arrears of y° sd
tax, de to report to-morrow morning.
Adjourned to 19'" instant, Hora 9, A. M.

[19"1 May, 1697.
V Att a Council Held att Philadelphia die Mercury, A. M. y8 19*° of
May, 1697. PRESENT :
WM. MARKHAM, Esq'., Govsrno' und' Wm. Psnn, dsc, st omni
bus membris, except .peter Alrichs.
William Clark, Chairman of \y° Grand Comittee of both Council
de Assembly, to whom the matter of the Assessment Laid in 1696,
was Comitted to be Considered, made Report in writting, viz : That
Having examined y8 accots, found that divers Collectors have neglect
ed to bring in their duplicats of y'tax they wer rexivelie charged
with in yr rexive Counties, de y8 monies therein rated, And that it
being putt to y8 Question whether it be necessarie to prepair a bill
for the better enabling the Justices &t Collectors in their rexive Coun
ties to Collect such sums as are in arrear ds Unpaid, due by y8 afore
said Law, and that the sd Law be reinforced ds Continued untill Jr"
same be collected, It was carried in the affirmative. And that it
being alsofputt to y8 question, whether it be necessarie that the Go
verno' ds Council send to the Justices in the several Counties y' are

PROVINCIAL COUNCIL. 491
in arrear whoise collectors have not paid in the full tax charged on
them, to cause the same to be Speedilie sent in to the Receiver : Caried
in the affirmative.
The memorial of Andrew Hamilton being read in Council, for
some encouragm' to support the post :
The petion of y8 Repsentatives for the Countie of Sussex being
again read, about some defence to that Countie : The petion of Tho.
Herris about clerk of y" markett being read 5 All these wer referred
to y8 Consideraon of aft y8 members of Council de assemblie, in a
grand Comittee, to meet in y" assemblies room post meridiem, ds to
make Report to-morrow morning.
Cornelius Empson & Jn" Bradshaw brought in some more bills for
the Govsmor's assent.
Adjourned to 20*° instant, Hora 9 A. M.

[20*° May, 1697-
Att a Council att philad. die Jovis, A. M. 20a May, 1697.
PRESENT :
WM. MARKHAM, Esq'.,- Governo' Under Wm. Penn, dec, et ysdem
ut antea, except peter Alrichs.
Joseph Growdon, Chairman of y8 Grand Comittee appointed to
Consider of Andrew Hamilton's memorial for encouragm' to support
y8 post ; And of y8 repsentatives of Sussex County's petion for some
defence ; And of y8 petion of Tho. Herris, about Clark of the mar
kett; made Report, That it was y8 vote ofy8 sd Comittee that a bill
be prepared for encouragment to Support ye post, both by y8 publick
ds upon private Letters. And it was also their opinion, that a watch
be keept. upon Cape Henlopen in sumer time, To give notice of the
appearing of anie enemie, att y8 publick charge ofy8 governm' ds that
the justices of y' Countie order the same, & what sign y8 sd watch
shall give, And that the Last years charge, amounting to about Six
pounds, be allowsd as a debt ofy8 governm'; And y' Tho. Herris'
petion was rejected.
Ordered that Sam1' Carpenter draw up a bill for encouragment Si
support ofy8 post office, ds psent it to the House of Representatives.
the petition of the Repsentatives for the Countie of Susssx being
again read in Council, and the said Report, Ordered that the Justices
of the sd Countie Cause a watch to be keept on Cape Henlopen in
sumer time, to give notice ofthe appearing of anie Enemy, att the pub
lick Charge ofthe governm', ds that the sd justices Order y8 same, ds
what sign the sd watch shall give, and that the Last year's charge,
amounting to about Six pounds, be, Si is hereby allowed as a debt of
the governm'.
Adjourned to 22d May, 1697, p. m.

492 MINUTES OF THE
[22d May, 1697.
Att a Council Held att Philadelphia die Sabbatti, 22d May, 1697,
P.M. „ PRESENT :
WM. MARKHAM, esq'., Governo' und' Wm. penn, dsc, et ysdem ut
antea, Except ut antea.
The Governo' desired Jn° Hill ds Jn" Curtis to acquaint the assem
ble that hee & Council do wait for them, who Returned that they
wold forthwith attend him.
The assemblie appearing, M' Speaker presented to the Governo
and Council Sixteen bills which had past their house. The Governo*
told ym that hee would Cause ym to be read de Considered.
After Reading of all the sd bills by the Secrie, The Governo', with
adyice ofthe Council, rejected de voted outt eight of them.
The other eight being three times read, wer by the Governo' and
Council approved of.
The first entitled, The Law for ratifying Si confirming of y8 acts &
proceedings of ye Assembly in 1696. ,;
The Second entitled, The Law for the encouragment de Support of
the post office.
The third entitled, The Law for the Speedie Collecting the arrears
ofy8 assessment Laid in 1696.
The fourth entitled, The Law about Te'stats de Intestats estates.
The fifth entitled, The Law ag' Swine Running att Large in the
Countie of Bucks.
The Sixth entitled, The Law about married women having children
in y8 absence of y' Husbands. ,
The seventh entitled, The Law against Swearing.
The eight entitled, The- Law for selling the Old Court house of
Chester Countie ; All which wer by the Governo' and Council ap
proved of.
Then the Governo' desired Caleb pussey de Richard Halliwell, to
acquaint the assemblie that hee waited for them forthwith.
The assemblie appearing, The Governo' desired the Secrie to Read
over all the said Bills; which hes did, and then underwrote each Bill
in these words, viz: Philadelphia the 22" day of May, 1697. This
bill being three times read, was assented to by the Governo' and
Council. And . then the Governo' past ym all one after another, by
affixing thereto His Hand and Seal of the province. <
Adjourned to y8 24"1 instant, Hora 9, A. M.

[24th May, 1697.
Att a Council Held att Philadelphia die Luna:, A. M. 24"1 May

1697.

PROVINCIAL COUNCIL. 493
PRESENT :
WM. MARKHAM, esq'. Governo' und' Wm penn, dsc. et ysdem ut
antea, except ut supra.
Wm. Clark, Chairman of the grand Comittee of both Council <fe
assembly, to whom the Consideraon of the petion of Several ofthe
Inhabitants ofthe town & County of Chester ds others, to the Go
verno' ds Council, for an Ord' for Building a bridge over Chester
Creek, in or neer Chester Town : as also of another paper, Contain
ing several reasons offered ag' the said petion, de signed by severalls,
was referred, made Report : That after Reading of both the sd petion
ds reasons ag'it, de several debates yrupon, It being by the sd Chair
man putt to the vote of y8 sd grand Comittee, whether a Bridge should
be built over the navigable part of Chester Creek, as is petitioned, It
was Carted in the negative, nemine Contradicente.
Adjourned to 2 in the afternoon.

POST MERIDIEM.
Att a Council Held at Philadelphia die Luna;, P. M. 24*b May,
1697. PRESENT :
WM. MARKHAM, Esq'. Governo' und* Wm. Penn, dec. et ysdem ut
supra, except ut antea.
The Go' desired the Secrie to acquaint the House of Representa
tives, That Hee and the Council waited for ym ; Who returned that '
they wold attend him forthwith.
M' Speaker de the whole house of Representatives appearing, The
Governo' Caused the Secrie to read Mr Blaithwait's Letter to him about
the association to be taken in this province; as also, the act of par
liament, Entitled , ; As also, a fair draught
ofthe association, taken from that which M' Blaithwait sent him, de
desired that the Representatives both for Council ds assembly, would
with him sign the same. And accordinglie, the Governo' ds those
members who wer free so to doe, signed the association in terminus,
as also the Secrie ; And those whois principles de religious persuasions
would not allow them to sign the same in Terminus, presented to the
Governo' a paper which they had drawn up, entitled: A declaraon of
the people called Quaker's, repsentatives in Council ds assemblie for
y8 province of Pennsilvania and territories thereunto belonging, mett
att Philadelphia in the 3d mo. 1697, with respect of our Loyaltie to
the king, ds fidelitie to His Government, ds in reference to the Late
association. *
Then the Governo' askt both Council ds Assemblie whether they
had prepared anie other bills for his assent, or whether they had ante
other bussines at this time ; who answered no.
42

494 MINUTES OF THE
Then the Governo' said : Gentl, I doe dissolvs you, and you are
hsreby dissolved.
The End of the 5P Sessions of Council & assembly.

[9*" Febry, 1697-8.
Att a Council Held att Philadelphia Die- Mercury, 9a Febry!
1697-8. PRESENT I
WM. MARKHAM, Esq'., Governcf und' Wm. penn, dsc.
Sam" Carpenter, John Simcocke, Richd Halliwell,
Edwd Shippen, Caleb pussey, William Clark.
Joseph growden,
The Governo' exhibited to the Council a Lstt' from the proprietor,
directed for him, to be opened only de read in a full Council ; Which
being thought to be as full a Council as could be got in such a
season of y8 year, It was yrfor Resolved that the sd Lett* should be
opened ds read, which was done. The contents qrof wer as follows,
verbatim, viz: " London- 5th 7 m., 1697. Friends, The accusaons
" of one sort, ds the reports of another that are come for England
" ag' yo' governm', not only tend to o' ruin, but disgrace. That you
" wink at Scotch trade ds a Dutch one too, Receiving European goods
"from the Latter, as well as suffering yo™, ag' ths Law*& English
" interest, to goe to the other; Also, that you do not onlie wink att but
"Imbrace pirats, Shipps de men. These are yo' accusaons, ds one
" Fra. Jones of Philadelphia has Complained of them to Go' Nichol-
" son, becaus it was not redrest in the governm'. The Reports are,
" & a nameless Lett' is come to me besids from Philadelphia, to ye
" same purpose, that there is no place more overrun with wicked-
" nes, Sins so very Scandalous, openly Comitted in defiance of Law
" de Virtue ; facts so foul, I am forbid by Comon modesty to Relate
" ym. I do yrfore desire ds charge you, the Gor ds Council for the
" time being, to issue forth some act or acts of state forthwith to sup-
" press forbidden trade ds piracy, ds also the growth of vice &Loos-
"ness, till some severer Laws be made ag' ym: And I do hereby
" charge that no Licence be granted to any to keep publick houses,
" that do not give great securitie to keep Civil houses, ds are not
" known to be of a sober Conversaon, de that the Courts of Justice
" in each County have the approbaon, if not Licensing of ym, In
"order to prevent such acts ofthe Lewdness de Idleness as are too
" often seen in such places ; And_ that you take Care that Justice b*

PROVINCIAL COUNCIL. 495
" Impartially done upon transgressors, that the wrath de vengeance
" of God fall not upon you to blast yo' so very flourishing beginning.
" I hasten to you as fast as y8 Complaints here ag' you will give me
" leave, that make my presence now but too necessary. Let neither
" base gain nor a byast affection mak you partial in these Cases, but
" for my sake, yo' own sakes, and above all for God's sake, Let not
" the poor province Longer suffer under such grievous & offensive
" Imputaons; and will oblige him that loves you, prays for you, ds
" prays to be with you, Ss is wijh true Ldye yor real friend ds affec-
" tionate proprietary. WM. PENN."
The Contents whereof, de the Complaints yrin mentioned being
strictlie inquired into, The GoT did appoint Sam11 Carpenter, Joseph
Growdon ds Wm. Clarke, a Comittee of Council further to peruse the
sd Letter, ds To inquire into the sd Complaints, ds to make report
yrof to the Go' ds Council next day, by way of ans' to y8 sd Letter.
Adjourned to 10th instant.

lO* Febry, 1697-8.
Att a Council Held at philad die Jovis, 10m Febry, 1697-8.
WM. MARKHAM, Esq*., Governo' et ysdem ut antea.
Joseph Growdon, Chairman of the Comittes appointed- further to
peruss ths sd Letter, ds strictlie to inquire into y8 Complaints yrin
mentioned, ds to report the same to the Go' ds Council by way of
ans' to the said Letter, this day Exhibited to the Go' and Council
their report in writtjng, viz : The Comittee having perused & tho
roughly Considered the proprietor's Letter, Charging the Governor <fc
Council to suppress forbidden trade ds piracie ; de also the growth of
vice & Loossness, dsc. within this governm', doe Humblie make this
Report unto the Governo' and Council.
First. As to the Scotch ds dutch trade, wee are not privie yrto
nor any of us Concerned therein, but if any such trade has been &
escap't . unpuneshet, It may rather be attributed' to the Connivance
or neglect of those officers appointed by Edward Randolph to inspect
those things, or others particularly appointed in that behalf; for wee
can say, that the magistrate de Courts of Justice have been ready de .
diligent upon all occasions to punish, suppress ds discourage all ille
gal trade that came to their knowledge.
Secondly. As to Imbracing of pirats, dec. Wee know of none
that has been entertained here, unless Chinton ds Lassejl, with some
others of Avery's Crew, that bappened for a smal time to sojourn in
this place, as tbey did in some of the nighbouring governments ; but
as soon as the magistrats in Philadelphia had received but a Copie of
the Lords Justice's proclamation, gott all that were here apprehended,
& would have taken the Care & Charge of securing ym, untill a Legal
Court had been erected for their trial, or an opportunity had presented
to send ym for England ; but before that Could be effected, they broke

496 MINUTES OF THE
goale & made their escape to, New york, where Hues dt Crys wer
sent after ym. And as to pirats' shipps, wee know of none Har-
bowed or ever came in here, much Less encouraged by the Go* or
people, who as it is well known, are generally sober ds industrious,
& never advanced y' estates by forbidden trade, piracje, or other -iH
ways, notwtstanding what is suggested by o' enemies to the contrary. '
As to the growth of vice, Wee cannot but owne as this place hath
growne more populous, & the people increased, Loossnes & vice Hath
also Creept in, which wee lament, altho' endeavours have been used
to suppress it by the care & industry of the magistrats from time to
time, offenders Having received deserved & exemplary punishments,
according to Law.
As to Ordinaries, Wee are of opinion that there are too many in
this governm'', especiallte in Philadelphia, wch is one great cause
of the growth of vice, de makes the same more difficult to be suppresfc
de keept under.
On the whole, Wee being at all times Heartily inclined to show or
Loyaltie to the king, ds readie obedience unto His Laws, do think it
necessarie, ds do yrfore make o' request to the Go' ds Council, that
an Ordinance bs made, & a proclamaon do forthwith Issus from the
Governo* ds Council, strictly to suppress forbidden trads ds pirats, if
any shall Happen ; and also, ths growth of vies de Loossnes within
this governm', until some wholsome fie severer Laws be made for a
more effectuall remedy, and ths ordinaries or Houses of entertainment
be reduced to a Less numbpr, & that all such as have not alreadie
given good securitie for keeping good orders, and discharging the
place according to Law, be spedilis required so to do, or otherwise to
be suppressed, ds for the future that the Justices in the Quarter Ses
sions in each Countie may have the approbaon, if not the Licensing
Ordinarie keepers throughout the government.
The,, which report being read in Council, It was put to the vote by
the Go', Whether they approved yrof, ds whether they esteemed it to
be a proper ans' to the sd Lett'. It was Caried in the affirmative,
N. C.
Then the Go' did Resolve the whole membsrs of Council Into a
grand Comittee, to draw up a proclamaon to suppress forbidden trade
& unlaw" piracie, the growth of vice ds Loossness, ds to regulate &
reduce the ordinaries, untill severer Laws can be made ag' such enor
mities, Ss to bring in their report ds a draught of a proclamaon to the
Go' de Council the 12th instant.
Adjourned to 12th February, 1698.

[12*" February, 1697-8.
Att a Council Held att Philadelphia die Sabbatti, 12*°- Febry,.
1697-8.

PROVINCIAL COUNCIL. 497
present:
WM. MARKHAM, esq*. Go', et ysdem ut antea, except Richard
Halliwell.
Joseph Growdon, Chairman of the Comittee appointed to draw up
the sd proclamaon, &c. Exhibited to the Go' Sd Council a draught
yrof; Which having been read ds some amendments therein made,
It was by y8 Go' putt to the vote, whether the members of Council
did approve yrof or not. It was caried in the affirmative, N. C,
which was in these words:
By the Governo' de Council of the province of Pennsylvania ds
Counties annexed : A proclamaon. j
Whereas, o' proprietary Hath Latelie given us to understand of
sundry accusaons or Complaints ag' this governm', for Conniving att
illegjal trade & Harbouring of pirats ; as also, of ths reports that are
come for England about the growth of vice ds Loossness here : As
to the former, its evident that they are the effects of the envy de emu
lation of those who by such unfair & indirect means wold accom
plish their designs ag' this governm', for that wee are satisfied the
generality of the people, merts, de Traders of this province de terri
tories, are innocent de clear of those imputations ; And this Countrie
being so posited, Philadelphia is become the rode where sailors de
others do frequentlie pass ds repass between Virginia de New Eng
land, that it cannot be avoided but the bad as well as y8 good will be
entertained in such an intercourse ; and since Comon charity obliges
us not to presume any persons guilty (espeeiallie of such great enor
mities) till by some legal probabilitte they appear so to be, and tho'
wee find that the magistrats & people in general are de have been
ready, ds perhapps more active ds Conscientious, to serve y king de
his officers ag' all unlaw" trade & piracy, when any such offences have
by any means come to their knowledge, than anie of those nighbour-
ing Colonies who have been so Querimonious ag' us in that behalf;
yet wee can do no less than psuant to our proprietarie's Comands to
put all in mind of their rexive dutys, that ther may he no just cause
for such Complaints. And as concerning vice, Wee also find that
the magistrats have been carefull ds diligent to suppress it, but their
endeavours have proved sometimes Ineffectual yrin, by reason that
the ordinaries or drinking houses, espeeiallie in Philadelphia, grew too
numerous, ds the keepers y'of disorderlie ds regardless of the tenor ds
obligaons of y' Licenses, whereby they.prove ungrateful to the Go
verno', and a reproach to the governm'. Therfore, these are strictlie
to Charge ds comand all magistrats & officers whatsoever wtin this
province and territories, as they regard the hono' of God de their alle
giance to the king, faithfully to put in execuon all the acts or Laws of
trade & navigaon; And also, all the Laws de statutes extant ag* piracy,
when ever there be any such occasion, & to use their utmost diligence
& care in preventing, suppressing & punishing all vice, disorders <fe
Looss living, whersoever de in whomsoever it shall appear. And
that end it is by the Governo' de Council ordained, that from & after
42»

498 MINUTES OF THE
the first day of March next, The Justices of y8 peace of each countie
in this province and territories, at their rexive General or private ses
sions, may nominate ds pitch upon such & so many ordinarie keepers
or Inn holders within their .rexive Counties, as they shall be well
assured will keep good orders ds discourage vice; And the Governo'
is pleased to condescend that hee will Licence those so approved of
by the Justices, de will permitt no other to keep taverns, Inns or
drinking houses within this governm', but such as shall be so reco
mended from time to time. And wee further strictlie charge ds
Comand all psons within this governm', as they will answer the con
trary at their peril, that they give due assistance to the magistrats ds
officers aforesaid, in putting the sd Laws in execuon, de suppressing
vice, that the wrath of God de the king's displeasure may not be
drawn upon this poor country. Dated att Philadelphia, this 12th day
of the 12*° mo., 1697-8, in the  year of the reign of Wm. the
3d of England, king.
Wherupon, It was ordered By the Governo' de Council, that the
Secry should forthwith write six of ym, one for each Countte, de
should subscribe the sams as Secry, by order of the Governo' ds
Council, & transmitt one of ym to each Countie, directed to the jus
tices yrof, ds that they should forthwith publish y8 same in their
rexive Counties, ds then put ym up in the most publick place thereof
rexivelte, that all psrsons Concerned might take notice yrof.
Upon reading the petion of Wm. Southbee ds other Inhabitants of
Philadelphia, to the Governo' & Council, Requesting ym te^place
officers of good repute ds Christian conversation, de to cause tables
of all officers fess to be Hung up in their offices, de that they w^ld
reduce the number of ordinaries de better regulate ym, & to cau£e
the Laws of the province to be put in execution, de Cause stock'ds
cage be provided, de to suppress the noise & drunkennes of Indians,.
especially in the night, and Cause the Cryer go to the extent of each.
street when hee has any thing to Cry, and to put a check to Horse
racing. The said petion was by the Governo' ds Council referred to
the Justices of y8 peace for y8 Countie of Philadelphia, for a speedie
de effectual remedy of y8 abuses yrin complained of.
Upon Reading the petion of Edward Shippen, Anthony Morris
Charles Sober, John Farmer, James ffox de Sam" Richardson, justi
ces of y" peace for the sd Countie, ag' Jn" Claypoole, who is ds is
Like to be ineapabte to serve y8 Countie either as Clark or Sheriff,,
by reason of his Lameness and misbehaveour, dsc.,, and yrfor desir
ing the Go' to permitt ym to pitch on some others to serve as Clerk
and Sheriff for y8 Go™ approbaon, who may be better able de more
reputable to discharge those places.
The Governo' bid ym recomend a Clerk & hee wold Comissionate
him, ds a person to serve as sheriff during Jn° Claypoole's illness; &
y1 hee wold Comissionate him ; &z said Hee wold give the Justices
an ord' to Cause Jn° Claypoole deliver to ym the books of records &
papers relating yrto, The Justices being willing to take the pains to
make up the records of Court.

PROVINCIAL COUNCIL. 499
Upon Reading the petion of peter Clauson, Cooper, Setting forth,
that hee had been Long since apprehended, ds his goods seized, upon
Suspition of piracy, and that his occasions call him hence for Europe,
& that in regard no proceedure is made agt him, Hee prays the Li
bertie to depart the governm', ds that his goods may be redelivered.
Ordered, That the examinaon of John Matties, in relaon to the peti
tioner's being taken out of a deans vessel by Capt. Avery, bs further
inspected, de a further Consideraon of y" petitioner's case referred to
the next sitting of Council.
Petition. — Upon reading the petion of Sam" Carpenter, Edward
Shippen," Anthony Morris, James ffox & david Lloyd, William South-
bee & John Jones, in these words, viz: To the Governo' & Council
of the province of pennsilvania & territories yrof, sitting att Phila
delphia, the tenth day of the 131" mo., Anno domi, 1697-8. The
Humble petion of Sam" Carpenter, Edward Shippen, Anthony Morris,
James ffox, david Lloyd, William Southbee & John Jones, in the be
half of themselves & the rest of the people called Quakers, who are
members of themonethly meetting, holden& keept att the new meet
ing house, lately built upon a piece of ground fronting the High-street,
in Philadelphia aforesaid, obtained of the present Governo* by the said
people, Sheweth : That it hath been & is much desired by MANY,
That a School be set up & upheld in this town of Philadelphia, where
npor children may be freely maintained, taught ds educated in good
Literature, untill they are fit to be put out apprentices, or Capabtefto
be masters or ushers in the said school.
And for as much as by the Laws &z Constituons of this govsrnm',
It is provided & enacted That the Governo' and, Council shall erect
ds order all publick schooles, ds encourage ds reward the authors of
usefull sciences ds Laudable inventions, in the said province and
Territories, Therefore, may it please the Governo' ds Council, to
ordain and establish that at the said town of philafdelphia a publick
schoole may be founded, where all children and sevants, male ds
female, whois parents, guardians ds masters be willing to subject ym
to the rules ds orders of the said schoole, shall from time to time,
with the approbaon of the overseers thereof for the time being, be
received or admitted, taught and Instructed; The rich at reasonable
rates, and the poor to be maintained ds schooled for nothing. And
to that end a meet & convenient house or Houses, buildings ds rooms,
may be erected for the keeping of the said schoole, ds for the enter
tainment ds abode of such ds so many masters, ushers, mistrisses,
ds poor children, as by the order & direction of the said mo'nethty
meeting shall be Limited ds appointed from time to time. And also,
that the members of the aforesaid meetting for the time being, may,
at y' respective monethly meetings,- from time to time make choice
of & admitt such and so manie persons as they shall think fit, to be
overseers, masters, ushers, mistrisses ds poor children of y8 sd
school, and the same persons, or ante of ym, to remove and displace,
as often as the said meeting shall see occasion. And that the over
seers and schoole aforesaid, may for ever stand ds be established &
founded in name ds in deed, a Body politick and Corporate, To Have

500 MINUTES OF THE
Continuance for evsr, by ths nams of Ths Ovsrseers of the publick
schoole founded in Philadelphia, at y8 request, costs ds charges of the
people of God called Quakers. And that they, the said overseers,
may have perpetual succession, and by that name they ds their Suc
cessors may forsvsr havs, hold de snjoy, all the Lands,. Tenements
ds chattells, ds receive de take all gifts ds Legacies, as sballbe given,
granted or devised for the use & maintainance ofy8 said' School &
poor schollars, without any farther or other License or authoritie
from this governm' in that behalf; Saving unto the Chief proprietor
His Quitrents out of y8 sd Lands. And that the said Overseers, by
the sams name, shall de may, with Consent of the. said meetting,
have power de capacitie to demise ds grant, by writting, under their
hands ds Comon seal, any of the sd Lands ds tenements, ds to take
de purchass any other Lands, tenements or Hereditaments, for the
best use ds advantage of the said schoole. And to prescribe such
Rules and ordinances for the good order ds governm' of the same
schoole, ds of the masters, ushers, mistrisses, and poor children suc
cessively, de for their ds. every of their stipends ds allowances, as to
the members of the said monethly meetting for the time being, or the
major part of ym, shall seem meet ; with power also to sue and be
sued, ds to do, perform ds execute all & every other Lawfull act <*k
thing, good and profitable for the said schoole, in as full de ample
manner as any other body politick or Corporate, more perfectly
founded and Incorporated, may doe.
The Governo' and Council doe grant this petition as is desired.,
Commission to Frari. Nicholson, To appoint Judges, Registers,
Marshalls ds advocats for the Court of Admiralty of pennsilvania
upon vacancie, dsc. 26 June, 1697.
WILLIAM THE THIRD, by the grace of God, king of England,
Scotland, France ds Ireland, defend' of the faith, dsc. Toour well
beloved Francis Nicholson, esq', our present Governo' of Mary
Land in America, & to the Go' of Maryland for the time being,
Greeting : Whereas, wee think it necessarie that for the preventing
a failure of Justice, as well in the rexive Courts of admiraltie in the
provinces und' our Imediate authoritie in the west Indies, as in the
several proprieties Contained in the Comissions to ths Governors of
the sd provinces, for want of proper officers to manage those matters
upon any present vacancy, or the death or Legal disabilitie of those
who are in present possession of those employments,
Locus Si-") The said Governors should in such case be jmpowered
gilli Ad- I to appoint Judges, Registers, marshalls de advocates,
miralitatis ' not onlie in the sd admiralty Courts of their owne
Angliae. J governmts, but also in those of the proprieties which
are nearest to the same. And wee being desirous that
Justice should be duly administred in all the provinces and places und*
our Imediate authoritie in the west Indies, de also in the several pro
prieties Contained in the Comissions to the Governors of the said
provinces, and by these o' Letters patents Ss Comission, particularlte
to provide for o' Courts of admiraltie of Maryland, pennsilvania ds

PROVINCIAL COUNCIL. 501
west Jersey, have thought fitt to Impower, de do by these psents
Comitt ds grant unto you, o' present Governo* of Maryland, & to our
Governor of Maryland for the time being, full power and authoritie to
appoint Judges, Registers, marshalls ds advocates for o' admiralty
Courts of Maryland, pennsilvania ds west Jersey, upon any present
vacancie of ante of these offices, or when there shall happen any,
either by the death o' Legal disabilitie of those who are or shall be
in the possession of the same. And wee do Hereby Require you o'
present Governo' of Maryland, ds o* Governor of Maryland for
the time being, to transmitt as soon as possibly you can, to o' Lord
High Admiral of England, or to o' Comrs for executing the office
of Lord High Admiral of England for the time being, the names of
the respective persons which you shall at any time appoint to the
offices before mentioned, in the sd admiralty Courts, in ord* to their
being approved or disallowed of: In wittness wherof, wee have
Caused the great seal of o' High Court of Admiraltie of England to
be hereunto affixed. Given at London, in o' sd Court, the six de
twentieth day of June, in the year of o* Lord one thousand six Hun
dred ninty-seven, de in the ninth year of o' reign.
ORLANDO GEE, regr.
The great seal of the High Court of admiralty of England is
sub-pended. [Locus Sigiixi.]

Commission to Mathew Birch, to be Collector of y8 Customs att
New-castle.
To all people to whom these presents shall Come, Wee the Comis-
sioners for managing ds causing to be Levied ds collected his Mattes
Customs <Ss other duties, in this kingdom of England, send Greeting :
Know yee, that wee, y° sd comrs, have, by virtue of an act of par
liam' made in the five &z Twentieth year of the reign of king
CHARLES THE SECOND, entitled, an act for encouragment of
thejeastland ds Greenland trades, & for better securing the plantaon
Trade, and in pursuance ofthe authoritie and direction to us given by
the right honble The Lords Comrs of His Maties Treasurie, have-
deputed ds Impowred, ds do hereby depute &, Impower Mathew
Birch, esq', to be Collector of all the rates, duties ds Imposions;
arising & growing due to his Matie att Newcastle in pennsilvania, by
virtue of the said act. Whereby Hee Hath power to enter into ante
ship, bottom, boat, or other vessel; as also into any Shop, House,
warehouse, Hostery or other place whatsoever, to make diligent
search Into any Trunk, pack, Casse, Truss, or ante other parcel or
package whatsoever, for any goods, wares or merchandizes prohi
bited to be imported or exported, or whereof the Cus-
Locus "1 toms or other duties have not been duly paid,, and the
Sigilli i. same to seize to his Matjes use ; as also to putt ia
Custom. J execuon all other Lawful powers & authorities for the-
better managing or collecting the sd duties, In all things.
proceeding as the Law directs ; Hereby praying 4s requiring all &.

502 MINUTES OF THE
every his maties officers ds ministers, ds all others whom it may
Concern, to be aiding Si assisting to him in all things as becometh.
Given und' our Hands and seal, at the Custom-House, London, this
Twenty-first day of November, in the eight year of the reign of o'
Soveraign Lord WILLIAM THE THIRD, annoque domi, 1696.
Robt. Clayton, Robert Southwell, Walter Yorige, Sam! Clark, Ja.
Chadmesh. Indorsed thus :— province of pennsilvania, 21* March,
1697-8. The within Mathew Birch, esq*., did upon the day above
written, Swear on the Holy Evangells of Almighty God, that he
wold diligentlie de faithfullie execute the within Comission, in pre
sence of mee. WM. MARKHAM, Governo'.
Recorded 29"1 March, 1698.

Commission to John Bewley, To be Collector of the Customs att
To all people to whom these presents shall come, Wee the Comrs
for managing & causing to be Levied de collected his maties Customs
ds other duties in this kingdom of England, sends Greeting : know
yee, that wee, the sd comrs, have by virtue of an act
Locus ") of parliam' made in the five ds Twentieth year of the
Sigilli l reign of king CHARLES THE SECOND, entitled, an
Custom. J act for encouragment. of the eastland and greenland
trades, and for better securing the plantation trade, &
in pursuance of the authoritie ds direction to us given by the Right
Honble the Lords Comrs of his maties Treasury, Have deputed and
Impowred, ds do hereby depute Si Impower John Bewley, esq'., to be
Collector of all the rates, duties and Impositions arising and growing
due to his matie att Philadelphia, in Pennsilvania, by virtue of the
said act. Whereby hee Hath power to enter Into anie ship, bottom,
boat or other vessel, as also into any shop, house, warehouse, hosiery,
or other place whatsoever, To make diligent search into any trunk,
pack, Casse, truss, or any other parcel or package whatsoever, for
any goods, wares or merchandizes prohibited to be imported or export
ed, or.whereof the Customs or other duties have not been duly paid,
ds the same to seize to his maties use ; as also to putt in execution all
other Lawfull powers ds authorities for the better managing or
collecting the said duties; In all things proceeding as the Law
directs. Hereby praying ds Requiring all ds everie his Maties
officer ds ministers, & all others whom it may concern, to be aiding
ds asssisting to him in all things as becometh. Given und' o' Hands
ds Seal, at the Custom House, London, tins twenty-first day of
November, in the eight year of the reign of o' Sovereign Lord,
WM. THE THIRD, Annoq domi, 1696, Robt. Clayton, Robert
Southwell, Walter Yonge, Sam. Clark, Ja. Chadmesh. Indorsed
thus: — province of pennsilvania, 21st March, 1697-8. The within
John Bewley, esq'., did, upon the day above writtin, swear on the

PROVINCIAL COUNCIL. 503
Holy Evangells of almighty God, that hee wold diligentlte ds
faithfully execute the within Comission, In presence of mee.
WM. MARKHAM, Governo*.
Recorded 29"1 March, 1698.

Commission to Mathew Birch,,To be Sugveyor ds Searcher of the
Customs in pennsilvania.
Edward Randolph, esq'., Surveyo' General of His mattes Customs
on the Continent of America, &t> Islands adjacent, To Mathew Birch,
esq*. Ry virtue of a deputaon granted me by the Honble the Comrs
of his Maties Customs in London, bearing date the 13th day of
October, 1691, ds in pursuance Likewise of additional articles of
instructions from y* Honors, dated att the custom hous in London y*
22d of 7br, 1697, directing mee, amongst other things,
Locus ") that in Case of any vacancie by ye death, or want of
Sigilli > any of the officers of y" Customs, or otherwise, To
sr. gul. J appoint some fit and able person to serve yrin ; And
finding no Surveyor & searcher in the province of penn
silvania de Counties annext, I do hereby depute &z Impower you, the
sd Mathsw Birch, to be Surveyo' and searcher of his maties Cus
toms, in the sd province of pennsilvania ds Counties annexed, with
all the rivers, bays, Creeks & Harbours yrunto belonging, With
power to enter any shipp, bottom, boat, or other vessel, as also into any
Shop, house, warehouse, Hostery or otherwise, whatsoever, to make
diligent search Into any trunk, chest, Casse, truss, or anie other
parcel or package whatsoever, To make diligent search for any
goeds, wares or merchandizes prohibited to be imported or exported,
qrof the Customs & duties have not been duly paid, and the same to
seize for His Maties use ; ds also to putt in execuon all other Law"
powers ds authorities for the better managing ds causing to be Col
lected the said duties, in all things as y8 Law directs, following ds
observing all such Rules ds instructions as you shall from time to
time receive from y8 Comrs of His Maties Customs in England, or
from the Comrs of His Maties Customs for the time being. Given
und' my hand de seal of office, att y8 port of Philadelphia, the
25lb day of March, Annoque domi, 1698, de in the Tenth year of
the reign of o' Sovereign Lord king WILLIAM Y8 THIRD of
England, dsc. EDWD. RANDOLPH, Surveyo' Genr".
Recorded $9& March, 1698.

[19,b May, 1698.
Att a Council Held att Philadelphia, die Jovis, 19" May, 1698.

504 MINUTES OF THE
present:
WM. MARKHAM, esq*. Lievt. Governo*.
Sam" Carpenter, Wm Biles, Wm Rodeney,
Edwd Shippen, David Lloyd, Wm Clarke.
Joseph Growdon, Jn" Simcocke,
Upon Reading y* petion of peter gronendyke, for a rehearing of a
triall hee had in the year 1690-1, wherein hee was Convicted of
perjury, The same was rejected.
Upon Reading the petion of Nicholas Skull ds others, Requesting
that there may be an allowed rode from the Lime-kilns, for carting
of Lime to Philadelphia, extending from the sd Lime kilns Into
plimouth rode, neer Cressoon, where there is neither Improved Land,
Hill nor water to impede,
Ordered that Wm Harmer, Jn" fisher, Daniel Howell, Edward
Burch, Thomas Rutter and Nicholas Skull, do soe Lay out the said
rode, The nearest ds most Convenient that may be, de to the Least
prejudice of the Improvts of y8 nighbourhood, and to maks return
yrof in a protracted figure de words, into ye Secries office, In order
to de as a final Confirmaon yrof.
Upon Reading the petion of Ann Baynton, Setting forth that her
husband, peter Baynton, Late of Chester Countie, some years ago
removed himself ds most of his estate to England, de left her desti
tute of a Competent means of Lively hood, promising in some short
time to return, ds that hee has Latelie sent over a Letter to her that
hee has taken another wife there, ds never intends to return hither,
nor take anie care for her subsistence, ds that hee will draw the
remaining effects over to England, ds Leavs her wholie destitute of
means of Living, And yrfor Requesting the Governo' ds Council to
grant her an ord' to take de possess all that is 'Left or can be found,
of her sd husband's estate within this govrnm', towards her necessa
rie Support de alim' as to Justice ds equitie does appertain,
Ordered that it shall de may be Lawfull for the said Ann Baynton
to take into her hands & possession all that is Left or can be found of
her sd husband's proper estate wtin this governm', towards her
support and aliment, as is desired ; and it's iurther ordered, that all
de every person Si persons whatsoever, wtin this province de Territo
ries, having any of the sd peter Baynton's estate, real or psonal, in
their hands or possession, as attorney or otherwise, shall upon sight
hereof, deliver the same to the said Ann Baynton, towards hsr sd
support ds aliment, whois receit shall be their sufficient discharge
from the sd peter Baynton, his heirs, exsrs, admrs or assigns, and
shall be accordingly deemed de taken in all Courts de before all ma
gistrates within this government.
Upon reading the petion of George Claypoole, setting forth that
being one ofthe younger children of James Claypoole, deced, de who
by his last will ds Testamt give to such of his children as is yrin
menoned, all his front Lott of Land, w1 y8 Improvments yrof, to ym

PROVINCIAL COUNCIL 505
de yr heirs forever, and y' yor petitionr having proposed divers ways
for a division yrof, but all to no purpose, and yrfor Requesting the
Go' ds Council to order y8 sd division,
Resolved that the sd division be made by the ordinary, according
to y8 Laws of this province, dec.

Comission. William Massey, to be Collector of ths Customs att
Lswis, in pennsilvania.
To all people to whom these presents shall come, Wee the
Comissioners for managing ds causing to be Levyed ds collected His
maties Customs, subsidies and other duties in this his kingdom of
England, send greeting : Know yee, that wee, the sd Com" Have by
virtue of an act of parliam' made in the five ds Twentieth year of
the reign of king CHARLES THE SECOND, intitled an act for
encourgment of the eastiand and greenland trades, ds for better
securing the plantaon trade, and in pursuance of the authority and
direction to us given by the right Honble the Lords Comrs of his
toatjes treasury, deputed and Impowered, and do hereby
Locus "1 depute and Impower WILLIAM MASSEY, esq'., to be
Sigilli i- Collector of all the rates, duties ds impositions arising ds
Cust. J growing due to his matie at Lewis, in pennsilvania, by
virtue of the said act, wherby hee hath power to enter
into any Ship, bottom, boat, or other vessel, as also into ' any Shop,
house, warehouse, hostery or other place whatsoever, to make dili
gent search into any trunck, chest, pack, Casse, truss or any other
parcel or package whatsoever, for any goods, wares, merchandizes,
prohibited to be imported or exported, or whereof the Customs or
other duties have not been duly paid, ds the same to seize to his
maties use ; as also to put in execuon all other the Lawful powers
ds authorities for the better managing and Collecting the sd duties, in
all things proceeding as the Law directs ; Hereby praying and Re
quiring all de every his Maties officers ds ministers, and all others
whom it may concern, to be aiding and assisting to him in all things
as becometh. Given under O115 hands and seal, at the Custom house
London, the Twenty-first day of Novemb', in the eight year of the
reign of our Sovereign Lord, king WILLIAM THE THIRD, An-
noque domi, 1696, so Subt. Robert Southwell, Godolphin, Walter
Yonge, Sam. Clark, Ben. Overton. Recorded 1" July, 1698.

Edward Randolph, esq', Surveyo' General of his maties Customs
in the plantaons & Colonies on the Continent of America, and Islands
adjacent, To Captain John Jewell. By virtue of a deputaon granted
me by the Honbte y8 Comrs. of his maties Customs in London, bear,
ing date y8 IS'" day of Octo', 1691, ds in psuance Likewise of addi
tional articles of Instructions from their Hon™, dated at ths custom
43

506 MINUTES OF THE
house in London, y8 22'1 day of Sept', 1697, directing mee amongst
other things, that in case of any vacancy by the death of any officer
of the Customs or otherwise, to appoint some fit ds able person to
serve yrin, giving notice yrof for their Hon" directions yrin, and
finding a present want of an officer in the province of pennsilvania,
in America, I do constitute & appoint you, the sd Jno. Jewell, to be
Surveyor and Searcher of his maties customs in the province of Penn
silvania ds Counties annexsd, Ss all the rivers, creeks & bays yrunto
belonging, With power to enter into^ny Ship, bottom, boat, or other
vessel, as also Into any Shop, ware-house, hostery, or other place
whatsoever, to make diligent search into any trunk, chest, pack, Case,
truss, or any parcel or package whatsoever, for any goods, wares or
merdizes prohibited to be Imported or exported, qrof the Customs &
duties have not been duly paid, and the same to seize for his maties
use; and also to put in execuon all Lawful powers and authorities
for the better managing and Collecting the said duties in all things
as the Law directs, following and observing all rules and Instructions
as you shall from time to time receive from the Comrs of his Maties
Customs for the time being. Given uncr* my hand ds seal of office,
att the port of Philadelphia,' this 15*h day of April, in the tenth year
of his maties reign, annoq dui, 1698. Ed RANDOLPH, Surv' genr". .

I, Nicholas Hayward, Notary &, Tabellion publick, dwelling in
London, admitted de sworn, do Certifie ds attest unto all whom it may
concern, that I have seen and perused certain Letters patents of deni
zation, granted by our Sovereign Lord and, Lady king William &
Queen Mary, under the broad seal of England, dated the 15"1 of
April, in the fifth year of their sd maties reign, wherein among others,
are inserted the names of francis Bassett, Mary Magdalen his wife,
Susanna Magdalen de Susannah, their, daughters, who though born
beyond seas, are made their majesties Leige subjects, and to be held,
reputed, and taken as subjects born in this kingdom of England; &
may as such purchase, buy, sell, and dispose of Lands, tenements and
Hereditaments, in this kingdom or any other of their majesties do
minions, as freely, peaceably & entirely as anie subject born in this
kingdom ; and that the sd francis Bassett, Marie Magdalen his wife,
Susanna Magdalen and Susannah, their daughters, by virtue of the
said Letters patents, are to enjoy all Liberties, priviledges and fran
chises of subjects born in. this kingdom, without any disturbance,
Impediment, or molestaon as by the said patent, relaon being there
unto had, may more at Large appear, of all which act being required
of mee, the sd notary, I have granted these presents to serve ds avail
the said francis Bassett, Mary Magdalen his wife, Susanna Magdalen &
Susannah, their daughters, ye time de place convenient, y" 25th of April,
1 693, de in the 5'° year of y' matjes reign. In Testimonium veritatis
Signo meo manuali Solito Signari, et Tabellionatus mei Sigillum appo-
sui, Riga tus : Nich" Hayward, Nota. pub. Locus Sigilli, Entered in the
Clark's office of the Citie of New york,in the book of deeds N° 18, pag.

PROVINCIAL COUNCIL. 507
257, y* 23d day of Sept', 1693, p. Will. Sharp as Ck. Indorsed thus :
personallte appeared before mee, the within named francis Basset, who
made oath upon ths Holy Evangells of Almighty God, that hee is
the verie self same individual person mentioned in & intended by the
within mentioned Letters patents, .& no other, So Subt.
WM. MARKHAM, Locus Sigilli in margine.
Record 3d August, 1698.

[3d Sept', 1698.
Att a Council Held att Philadelphia die Sabbathi, y8 3d September,
1698. present : '
WM. MARKHAM, Esq', Leivt. Governou*.
Sam" Carpenter, Jn° Simcoke, Wm. Biles,
Edwd Shippenj , Joseph Growdon, Wm. Clark.
David Loyd,
The Lt. Go' acquainted the Council y' hee had received a Lre from
y* Justices ofthe peace of Sussex County, & desired y8 Secrie to read
it, which hee did, viz : may it please yo* Hono', This to o' Sorrows,
but according to our duties, is to inform, That on friday Last, in the
afternoon, a smal snug-Ship ds a Sloop came too wtin our Cape, not
wholly undescried, but little dreaded of being an enemy or french,
both which they proved, ds yesterday morning Landed about 50 men,
well armed, Ss came up y8 town de plundered almost every house yrin,
fComitting great spoil, breaking open doors & Chests, and taking
away all money or plate to be found, as also, all manner of goods ds
merdizes worth any thing, together with ruggs, blanketting, & all
other bedd Covering, Leaving scarce any thing in y8 place to Cover
or wear. They brought two English prisoners on shore wt ym bound,
one of ym known to be Jn° Reedwood, of Philadelphia, His Boy, with
whorii they wold Sufferr no Converse, but wee suppose y8 sd sloop to
be said Redwood's, taken Coming out Cinnepuxon Inlett ; They all
went on board Last night; killed several Sheep ds Hogs. They Con
tinue still att anchor in yr birth, as neer in the bay opposite to this
towne as they well can find water to ride in, ds it's doubted they will
be on shore again before night for more Cattle, if not to burn y8
houses ; but wee shall endeavo' to Scare ym. They Ly ready for all
mischief inwards or outwards by Land or water, and Have pilots any
way. They are now in Chasse Inwards of a Briganteen with their
¦sd sloop. The briganteen outsails ym, & wee Hope in God will
escape. They are begarly Rogues, and will pillage for a trifle, and
do think they may tarry Long enough untill ye man of warr att York
may have Speedy notice. They took about eleven of y8 Chief of o'
town prisoners, de when they had made ym help on board their plund',
dismist all except one man, Cap'. Watson's Carpenter. This place
is very open for danger, Si verie naked for defence. Mr Clark's House

508 MINUTES OF THE
ds goods Hath Sufficiently shared in y8 villany. Wee hope wee need
not repeat y8 Calamities aforesd, nor y° great terror y1 must needs
here attend all Sexes , ds Sizes ; all which is Submitted to yo' Hono™
most -Serious Consideraon, By Sir, yo' Humble Servants. — Luke
Watson, John Hill, Tho. Oldman, Jonat Baily.
Therafter the Lt. Go' sent for Tho. Simkins, mariner, who ap
peared, & aged fourty years, made oath y'y8 name of y8 vessel y'took
him hee knows not, but y' it was a pirate named Canoot, on board Jn"
Redwood's sloop, ds y'y8 sloop that took ym was said to belong to one
William, in providence, ds that the pirate tpok her about the Bahama
Islands, as his men said, de that Hee took y8 deponent and said Reed-
wood's Sloop off Cinapuxon Inlett, 30 miles below y8 Cape, de that
they wer taken y8 3d Aug', & that y8 sd Canoot keept still on board sd
sloop, shee being the best Sailor, & y' y8 sd Capt. shott one of his
owne men for some misdemeanor as they said, formerly comitted by
him. And further saith not.
Edward Gillibrand, aged about 36 years, being sent for, appeared
de made oath y' hee was M' of y8 dunmore of Liverpoole, de came from
Rapahannock river, out ofy8 Capes of Virginia, y8 17* Aug*. Last, de
was taken by ye sd pirate y8 19", with the sloop y' now Lyes att phi-
ladelpia; y' hee was taken about 75 Leagues offy8 Capes of Virginia,
about E. N. E. the pirate Lay fair northerlie off y8 Cape, ds Laid him
athwart y8 Hause ds boarded him att once, de y' y8 pirate fired but
killed none on board him ; that hee knows not y8 Sloop's name y'
took him, and y' at Rapahannock hee was told y' many pirats wer on
y* coast, de y' hee heard y8 pirats say y' y8 sloop qrin they took him
belonged, to providence, &i further says not.
The which Lre de deposions being read, The Lt. Go* ask't y8 ad
vice of y8 Council yrin, Whoise ans* was : That seeing y8 king's Lres
patent impowers y8 proprietarie, His Heirs Si assigns, by ymselves
or y' Captains, or other their officers, to Levy, muster ds train all
sorts of men, of what condion or qrsoever born, in y8 province of
pennsilvania, for y8 time bsing,' ds to maks warr, & to psus y8 enemies
de robbers aforesaid, as wsll by ssa as by land, svsn wtout y8 Limitts
ofy8 sd province, ds ym, by God's assistance, to vanquish & take, ds
being taken, to putt to death by y8 Law of war, or to save ym, att y'
pleasure ; And to do all ds everie other thing which to the charge &
office of a Capt. general of an army belongeth, or Hath accustomed
to belong, as fullie & freelie as any Capt. General of an army ever
had y8 same. And seeing the Lt. Gor. is vested with the above sd
powers of a Capt. General, de is not scrupulous to putt y8 same in
execuon ; Therfore, y8 sd members of Council do referr y8 managmt
of y8 whole affair upon this &. y8 Like emergencie, to his conduct &
prudence. And It is y8 Opinion of this board, that what charge shall
accrew yrby, ought to be speedily raised by a provincial tax.
The petition of David Evans being read, Setting forth His Long
Imprisonment, & y' notwtstanding y8 great charge Hee has been att
in procuring evidences of his being cleared in England, by his Country,
on a fair trial of the Crimes alledged ag' him, yet is still detained

PROVINCIAL COUNCIL. 509
Close prison', to His ruine ; and therfore Requests enlargm' ds y*
enjoymt of his Liberty. Resolved y' y8 petition' make His applicaon
to y8 Judge of y" Court of admiralty, for his enlargment Or Speedy
trial.

[24"1 Sept', 1698. *
Att a Council Held att Philadelphia die Sabbathi, y8 24"1 day of
Septemb', 1698. present:
WM. MARKHAM, Esq', Lieut. Governor-
Sam" Carpenter, Richd Halliwell, Jn° Donaldson,
Joseph Growdon, John Simcocke, William Clarlc,
Wm. Biles, David Lloyd,
The Lt. Gor said : Gentl, There Has Hapened here in this town
an action that hath verie much troubled me, ds 1 think in it self verie
Irregular, viz : There wer some goods ds merdizes Seized by y8
king's Collectors for goods imported Contrary to Law,The wch goods
Coll. Robt. Quarry, Judge of the Court of admiraltie for this pvince
ds territories, by his warrt to Robt. Webb, marshall of y8 sd Court,
took from y8'said Collectors, ds Comitted ym to y8 custodie of y8 sd
marshall, and y8 sd Coll. Quarry being upon, going to'Maryland, 1
was petitioned by Jn° Adams, y8 owner of y8 said goods, for a replevin,
in these words, viz : "To y8 Honble Wm. Markham, esq', Go' ofthe
" province of pennsilvania. The Humble petion of Jn° Adams most
" humbly Sheweth, That yo*1 petitioner did, in y8 mo. of June Last
" past, ship a Considerable Quantitie of goods on board y8 sloop
" Jacob, Francis Basset M"., bound for this place from New york
" wch sd goods, for want of a Certificate, wer seized att New-
" castte; whereupon I, a^ in duty bound, made my applicaon to yo*
" Hon', ds yo' Hon' was pleased to promise mee all y8 favour you
" Could in such a Case grant mee, And by yo' Honor's advice, I
" went down to Newcastle to treat with the Collecto' concerning that,
" who not willing to take any advantage to Ruine mee, was verie
" willing to observe yo' Honor's Comands & directions, so y' I hoped
" (as I thought on good ground) to Have my goods returnedmee upon
" an appraism*, till y8 Court wold be. A smal time after my certifi-
" cate Came from Newyork, which I showed to the Judge of the ad-
" miraltie, ds to Esq' Randolph, de requested I might have my goods.
" The Judge told me if I had 1000 Certificates I could not have my
"goods but in a Legal way, Becaus hee said y' M' was not Qualified
" according to Law. 1 submitted to it, and pray'd I might have my
" goods prized, ds wold give in good securitie to ans' it att Court,
" which was promis't mee (as soon as y* provost marshall had his
" Comission, which yet hatlr not been granted ;) Tho' bee who was
43*

510 MINUTES OF THE
" the author of all my trouble, ds an alien, had his goods ds vessel de-
" livred to Him; ds I was still putt off with fair promises that I should
" have ym; when y8 advocate (y* is to be) had been att Newyork de
" come back again, I should have ym delivered to me instantly. I
" y8 meantime, understanding I had a Cargo of goods arrived there
" for mee, I went to Newyork to dispose of y8 same, And meeting wt
" y" Advocate on my journey, Hee told mee I might have my goods
" if I wold give bail according to my prime Invoice, wch I was will-
" ing to do, rather than to Consume so much of my precious time
" waiting for I know, not what, and so made all possible HaisttoNew-
" york & putt my goods Into a merts. Hands there to sell for mee,
" allowing Him Usual Comissions, in regard I was Unwilling to ne-
" gleet my troublesome bussines here, in hopes of a Speedy dispatch,
" according to the manie Reiterated promises made mee. So I made
"¦ post from Newyork back again, de Have since made my applicaon to
" y8 Judge of y8 admiraltie, and delivered him my Invoice to puse, de
" offered him my oath to it. He told me he wold Consider of it, de
" since tells mee hee can do nothing in it, and gave mee some Hints
'' as though it Stuck wf yo' Hon', de am still putt off wt fair words,
" but no such actions. So y' I havs assumed ths boldness once more
" to address to yo' Hon*, Hoping ds Humbly requesting, y' yo' Hon'
" will please to Consider the great Chargs I have been att in having
" my goods seized, ds paying ten shills p. week storige, almost these 2
• " mo's., de in having ym detained from mee ; my several chargeable
" and uncomfortable voyages to Newcastle (by yor Honors' advice)
" to treat- with the Collector; my great charge, pains, ds trouble in
" Coming back from Newyork, tpgsthsr with my great Charge ds
" Inconveniencie in Leaving my goods there on Comissions; my in-
" tolerable Charge in y8 Loss of my precious time, ds extraordinary
" expenses I am dayly att ; the Loss of my market ds damnifying of
" my goods, wch, for aught I know, may be roten before y8 Court of
"¦Admiralty be Constituted, the Judge being bound to Maryland for ye
" advocat's Comission; the great detriment it hath been to my health,
' " being fallen away since I came almost to skin ds bones, by Continual
" Conceniedness for my hard,Unheard of Usage; the great destruction '
" of my bussines att home ds abroad ; the impairing my Creditt, the
" best Jewell I/have ;. the utter, unavoidable Ruine of my dear wife &
" children; y8 smal, or no advantage that can redound to his matie or
" yo' Hono' by with-holding ym from mee ; all which tends to the dis-
" honor of his matte in having his subjects wrongedin pson Sz estate,
"by Hard hearted, unreasonable officers, de y8 discouragm' of y"
" growing trade of this province. Yo' petition' Humbly prays yo'
" Hon' to Consider y" premises, and grant Hee may Have his goods
" on an appraismt, by sworn appraisers or ante other ways, as yo':
" Honrs great wisdom may think fitt, being willing to give in Securi-
"tie to ans* what may be alledged ag' my goods, and abide y8 Ord' of
" y* Court. And yo' petition', as in duty bound, shall ever pray for
" yo* Honrs Happiness de prosperity. JOHN. ADAMS, Philadelphia,
" August 19*h, 1698." r

PROVINCIAL COUNCIL. 511
I made ans' that I wold not medle with any thing that Lay before
the Court of admiralty ; But the day after, as I take it, the sd Coll.
Quarry went out of this Town, The sd Jn° Adams, Owner of the
goods seized, obtained from Anthony Morris, one of the Justices of '
y" peace for this County, a warr', by y8 name of a warr' of Replevin,
which was executed by y8 under Sheriff, and the goods taken from
y8 marshall Si delivered to the sd Jn" Adams, y8 owner yrof.
Upon the Complaint of y° marshall, I wrote to the Sheriff y"
27*° Aug', 1698, in these words, viz: "Mr.'ClaypOol, I wonder such
" an action of replevying y8 goods in y8 hands of y8 marshall of y8
" admiralty should be done without my knowledge : It was but yes-
" terday that I was petitioned for a Replevin, which I refused ; de I
" think I have as much power as any man in this governm*. What
" complaints ds damages may arise from this Let the actors ans' for ;
" since I cannot undo what's done, I will declare ag' y" proceedings of
" all who were concerned in it : my advice to you is, & I expect that
" every thing you have taken by virtue of the warr' of Replevin, be
" forth coming in its proper specie." To which the sd Sheriff made
answer in these wrds, viz: " Sir, I perceive by yors, . y' Adams of
" Boston had been with you to request the grant of a Replevin, & y'
" hee had yo' denial. Hee came to mee about foure in the afternoon
" yesterday, & desired to have a Replevin of certain goods- that was
" taken from him by Robt. Webb, not naming him to mee by any
" office, & the writt named him Robt. Webb, gentl; I knew not that it
" any way interfered with the Court of admiralty, neither did I either
" hear or know any ways that hee had been with you. Replevins
" have been always' here granted by the Justices, and never ques-
" tioned by the Sheriff, no more than writts of arrest. I took of him
" bond w' Securitie in 3001b. for y8 goods to be forth coming, being
" several sorts of English goods, five bolts of Canvass, ds five £ bar-
" rels of East India goods, and that hee shall make restituon of y8 sd
" goods, if it shall be so ordered by ye Court. Had I known you
" had been interceded about it, wold not have any wayes medled in it
" wtout yo' approbaon ; So hope my ignorance yrof may plead my
" excuse, being ever willing to obey yo' Comands to v8 best of my
"power and ability, so subt. JOHN CLAYPOOLE, 7'" Aug',
" 1698." And Seeing' the sd Robt. Webb, marshall ofthe admiralty,
came no more near mee, I sent the Sheriff the following warrant,
viz : " province of pennsilvania; By the Lt. Go'. Whereas, several
" goods ds- merchandizes wer seizea by M' Jn° Bewley de M' Math'ew
" Birch, Collectors of his Maties Customs wtin this governm' ; which
" goods wer delivered by ym Into y8 hands or possession of M' Robt.
" Webb, marshall ofy8 Court of Admiralty, in ord' to have ym tryed
" in y8 same Court, as goods illegallie imported, Which goods wer by
"the Sheriff of y8 Countte of Philadelphia, taken from the sd Rob'
" Webb, by virtue of a warrant of Replevin from a justice of the
" peace of the sd Countie, ds the goods delivered to Jn" Adams, the
" pretended owner thereof; I doyrfor hereby will and require you, to
" take into yo? possession y8 same Sc sd goods, de safely keep ym,
" untill further order,, or that they be brought to trial in such Court

512 MINUTES OF THE
" y" Informer shall think fitt, according to Law, for which this shall
" be yo' sufficient warr'. Given att Philadelphia, this 27th day of Aug',
" in y 10*° year of y" reign of king Wm., ds 18'" of y8 proprietor's
" govm'. Annoque domi, 1698, Wm. Markham. To M' Jn" Clay-
" pool, High sheriff of Philadelphia Countie." And the sd Sheriff
wrote mee in answer this, viz: "Aug' 30*", 1698. Sir, Jacob May,
" (the under Sheriff,) Has been yesterday ds to-day about the execuon
"of yor warrt for seizing de Securing of y8 goods taken by replevin,
" Si have not as yet any accot yrof: I hope to wait on you to morrow,
" de receive yo' further Comands. To Subt, John Claypoole." Ther
after the marshall, Rob' Webb, posted outt of town after Coll. Quar
ry, ds overtook him at New castle, and there drew up a narrative &
swore to itt, but know not as yet what it is ; But Coll. Quarry att his
return to Philadelphia, told mee hee hati-sent several Copies of it
home, w' Coments upon it as large as the Circumstances of the thing
wold bear, wt reflections upon mee in it. I told him I thought hee
had been to quick in writting home before heei had first inquired in
ye matter Himself. Then the Lt. Go' said, Gentl, Its now late, yrfor
wee'U adjourn till Moonday y8 26*° instant, de in y8 meantime I desire
you will think of what I Have Laid before you, and y' you will be
readie by y' time to assist mee wt yo* advice in this matter.
Adjourned to 26"' instant.

[26111 Sept', 1698.
Att a Council Held att Philadelphia, die Lunee,y8 26" of September,
1698. ' PRESENT :
WILLIAM MARKHAM, Esq'. Leiut. Governo', et ysdem ut antea.
The Lt. Go' said : Gentl, I Hope you Have by this tirne Consid
ered of what I Laid before you y° 24th instant, ds are ready to give
me yo' advice yrin. I ask your opinion of the action of Anthony
Morris, the Justice of ye peace y' granted y8 writt of replevin, becaus
Coll. Quarry, the Judge of the admiralty, aggravats it as an action
of y governm*", and I think no action of any Justice of the peace,
nor no unjust proceedings of any Court, can be termed an action of
y8 governmt.
It was resolved, that the granting of y" sd replevin was no act of
the government, nor was the Governor any wise Consenting or privie
therto. Therafter, three of the Justices of y8 peace for the County of Phila
delphia, viz : Anthony Morris, Sam" Richardson ds James ffox, pre
sented to the Go' & Council the paper following, viz : " May it please
" the Go' ds Council", Wee, the Justices of the County Court of phila-
" delphia, understanding that some complaints have been made to you
" ag' o' proceedings in a replevin Latelie granted by one of us to John

PROVINCIAL COUNCIL. ' 513
" Adams, mert, returnable to o* last Court, do humbly offer this fol-
" lowing answer for o' vindicaon. First, that wee look upon a reple-
" vin to be the right of the king's subjects to have, & or duties to
" grant, where any goods or Cattle are taken or distrained. 2dly,
" that such writts have been granted by the Justices, ds no other in
" this govern", the p'ties giving bond with Surties, to the Sheriff, for
" redeliverie of such goods in case y8 pltf. in the replevin be cast,
" according as is usual in England in such cases. 3dly, That since
*' wee understood haw ths goods in Question wer Seized ds secured
" in y8 king's store house, wee might have just grounds to conceive
" that the Sheriff might be as proper to secure the same to be forth
" coming in Specie, as by the replevin hee is Comanded,as.that they
'" should remain in ths hands of Robt. Webb, who is no proper officer
" as wee know of, to keep- the same, nor hath given any Security or
" Caution to this governm' to ans' the king and His people in that
" respect, as wee can understarid. Lastly, that wee att o* Last Court,
" finding this matter to be weighty, tho' wee did not know of any
" Court of admiralty erected, nor psons Qualified as wee know of to
" this day, to hold such Court,yetwee forbore the triall of y8sd reple-
" vin, de Continued it untill wee further advised, & so the pties are to
" come before us again att next Court, where wee should be glad to
" receive some advice yrin from you ; And rest yo' Loving friends,
" Anthony Morris, Sam" Richardson, James ffox, philad. y8 27"1 ofy*
" 7*° mo., 1698." ,
Adjourned to y8 27"' instant.

[27tt Sept', 1698.
Att a Council Held att Philadelphia die Martis, 27" Sept', 1698.
PRESENT :
WM. MARKHAM, Esq'. Leiut. Governo', et ysdem ut antea.
The Lt. Go' Sent for the Justices ofy8 peace of the sd County of
Philadelphia, that Satt on the bench the last Countte Court. There
appeared .Anthony Morris, Sam" Richardson & James ffox, (Edward
Shippen, one of ym, being gone to New england,) The Lt. Gor told
ym y* Coll. Robt. Quarry & m' JnJ Moor, had been with him, & told
him y' in y8 sd Last County Court, there wer great reflections made
upon Coll. Quarrie's pson, ds his Comission ; And that the Court per
mitted a petion to be read in Court that had many reflections in it upon
sd Coll. Quarry, wtout any reprimand or notice taken of it. Gentl,
I am sorry to Hear ds unwilling to believe these things. But y' I may
be satisfied in y8 truth yrof, I sent for you to have it examined before
this board ; But y8 time of y8 provincial Court's circuit being come,
wherein Some of y8 Council are Judges, I cannot have a Quorum of y '
Council until y8 sd Court be over, and then I shall call a Council on
purpose to examin y8 sd Complaints. WHereupon some ofy8 members
of Council moved that the Lt. Go' wold be pleased to Cause Coll.

514 MINUTES OF THE
Quarry & Jn" Moor, to reduce y* Complaints to writting, y' y" psons
Concerned might make their defence thereunto.
Adjourned till further order.

MINUTES OF COUNCILL IN ASSEMBLIE, Anno Ri. Rs.
Gulielmi terty Angli, dec. decimo.
I0'n May, 1698.
Att a Council Held att Philadelphia, dieMartis, lO" May, 1698.
present:
WILLIAM MARKHAM, Esq'., Leiut. Governo', by virtue of a Co-
mission granted to him by the Right Honble William penn, absolute
proprietor and Governo' ofthe province of pennsilvania ds the ter
ritories thereunto belonging.
Sam" Carpenter, Rich" Halliwell, William Clark'
Edward Shippen, William Rodeney, David Lloyd.
John Simcocke,
The Leiut. Governo* sent the secrie to the Representatives in As
sembly, to acquaint them that hee waited for ym, who returning, told
him that they wold attend him forthwith.
The Assembly appearing, The Leivt. Governo' said : Gentl, I have
received a new Comission from the proprietor and Governo' ; I yrfore
desire you to attend the publishing yrof by the secrie at y" market
place, & when that is done, I desire the members of Council to return
hither. The sd Comission having been so published, ds the sd members re
turning, The Leivt. Governo' desired the secrie to record y* same In
the book of minutes of Council. Here it follows:
Commission. "I
William Penn
to
Wm. Markham, to
be Leivt. Governo'

i

ll^May, 1698.
At a Council Held att Philadelphia die Mercury, 11*°, May 1698.
present :
WM. MARKHAM, esq', Lievt. Governo', &c. .
The Sheriff ofthe County of Philadelphia His Return of Repsenta
tives for Council was produced, qrby it appeared y' ther wer elected
Sam" Carpenter & Edwd Shippen, who appeared.

PROVINCIAL COUNCIL. 515
The Sheriff of the County of Bucks his Return of Repsentatives for
Council was produced, qrby it appeared y' ther wer elected Joseph
Growdon ds Wm. Biles, who appeared.
The Sheriff ofthe County of Chester His return of Repsentatives
for Council was produced, qrby it appeared y' ther wer elected David
Lloyd ds Jn" Simcocke, Who appeared.
The Sheriff of ths Countie of Newcastle his Return of repsentatives
for Council was produced, qrby it appeared y' ther wer elected Richd
Halliwell & Jn° Donaldson, the first appeared, ths Last absent.
The Sheriff of the Countte of kent his Return of repsentatives for
Council was produced, qrby it appeared y' y' wer elected Jn" Curtis,
since deced, & Wm. Rodeney, who appeared.
The Sheriff of the Countte of Sussex His Return of Repsentatives
for Council was pduced, qrby it appeared y' ther wer elected, Wm.
Clark Si Jn° Hill. The Last absent.
The sd Sam" Carpenter, Edwd Shippen, Joseph Growdon, Wm.
Biles, David Lloyd, Jn" Simcocke ds Wm. Clark, did Subscribe the
declaraon of fidelitie, the profession ofthe Christian faith & the Test,
ds took their places at the board.
The said Richard Halliwell ds Wm. Rodeney took the oathes ap
pointed by act of parliam' to be taken in stead ofthe oathes of allegi
ance & Supremacie, de Subt y8test, and took y' places at y8 board.
and then wer present :
WILLIAM MARKHAM, Esq'. Leivt. Governo'.
Sam" Carpenter, Wm. Biles, Richd Halliwell,
Edwd Shippen, ' David Lloyd, Wm. Rodeney,
Joseph Growdon, Jn° Simcocke, Wm. Clark.
The Sheriff of the Countie of Philadelphia his return of repsentatives
for Assembly was produced, whereby it appeared that there wer
elected, Anthony Morris, James ffox, Sam" Richardson and Andrew
Bankson, Who appeared.
The Sheriff of the Countie of Bucks His Return of repsentatives
for Assembly was produced, qrby it appeared that there wer elected,
phineas pemberton, Robt. Heaton, Joseph kerbride, ds Henry Baker,
sick. The first three appeared.
The Sheriff of the Countte of Chsster His Return of repsentatives
for Assembly was produced, qrby it appeared that there wer elected,
Caleb pussey, Sam" Louis, Nathaniel Newline and Robert Carter,
Who appeared.
The Sheriff of the Countie of Newcastle His Return of Repsenta
tives for Assemblie was pduced, qrby it appeared that there wer
elected Adam pietsrson, Edwd Gibbs, John Grubb and Joseph Eng
land. The Last absent.
The Sheriff of the Countie of kent His Return of Representatives
for Assembly was pduced, qrby it appeared that there wer elected,
Richard Wilson, Wm- Morton, both absent ; Robert Edmunds &
Henry Molleston, who appeared.

516 MINUTES OF THE
The Sheriff of the Countte of Sussex His Return of Repsentatives
for assembly was produced,*'q'by it appeared that there wer elected
Thomas Oldman, Jonathan Bayley, Cornelius Wiltbank and Luke
Watson, Junior; The Last sick, the rest appeared.
Anthony Morris, James ffox, Sam" Richardson, phineas pember
ton, Robert Heaton, Joseph kirkbride, Caleb pussey, Sam" Louis,
Nathaniel Newline, Robert Carter, Edward Gibbs de Jn" Grubb, did
subscribe the declaraon of fidelitie, profession of the Christian faith
and the test.
Andrew Banckson, Adam pieterson, Robert Edmunds, Henry Mol-
leston, Tho. Oldman, Jonathan Bayley de Cornelius Wiltbanck, took
the oaths appointed by act of parliament to be taken instead of the
oathes of allegiance and Supremacie, and Subt the Test.
All which members of Assemblie that were Returned and appear
ed, being thus qualified as above, The Leivt. Go' said: I desire you
to go together de choose yo' Speaker. The assemblie departed. After
some time Edward Gibbs Si tho. Oldman acquainted the Lt. Go'- &
Council, that the members of Assemblie wer readie to waft upon
him. the Lt. Governo' Returned y' hee de Council wer ready to
receive ym.
Then phineas pemberton, accompanied by all the repsentatives of
Assembly, acquainted y8 Leivt. Governo', that they had made Choice
of him for y' Speaker ; Who having desired to be excused, ds y1 y*
Lt. Go' wold order another choice, the Lt. Go' replied that hee was
well satisfied .with their Choice.
Then the Lt. Governo' addressing Himself to all the repsentatives
in Council ds Assemblie, said: " Gentl, & you Mr Speaker, Ever
" since I received instructions from yr excellies The Lords Comrs of
" the Governmt, Sub' by y8 Comrs of His majes Customs, wch was on
" y° 17th March Last, ds Lyes upon the table for yo* pusal, I Have
" thought the time Long to the day of yo' meeting, that I might advise
" wt you about an effectual way to answer every article or Comand
" thereof. Our navigable Creeks where smal vessels may Load are
" many, ds not so well known in England as they are to us here,
"yrfor wee cannot expect yr excellies instructions should be so
" exactlie framed, nor any Law in England so made, but' there may
" be some difficulty here to put in execuon every part or Article ; But
" this wee know, that it is o' duty to take care they be punctually
" observed de keept. Therefore, I desire you will diligently peruse
" the Laws of trade de navigaon, with the instructions, and where you
" find ante article difficult to execute, you will make such Laws as
" may make them more easy, de enable the Governo' de his majes
" Collectors to pform yr duties with all the securitie possible may be.
" I have desired the Collectors to Consider what Laws they" think
" necessary for his mattes Service de interest, Si advise mee yrof.
" I have promised ym free access ds freedom of Speech both to de
" in the Council de Assembly, and I expect you will perform it, ds
" also to any of yo' Comittees. This is the first thing I Have to

PROVINCIAL COUNCIL. , 517
" propose, de desire it may be dispatched before wee enter upon any
" thing else."
The Lt. Go' delivered his sd speech to the assembly, ds appointed
Edw" Shippen, Joseph Growden, Wm. Clark, Rich1 Halliwell ds
David Lloyd, a Comittee to Join a Comittee of assemblie to Consider
of y8 sd speech, & to propose such a Bill to be past into a Law as
they should think Convenient, and to make report to the Governo' &
Council. '
Adjourned to the 19" instant.

[lO*" May, 1698.
At a Council Held at Philadelphia die Jovis, ^""May, 1698.
PRESENT I
WM. MARKHAM, esq'. Leivt. Governo', et ysdem ut antea.
Joseph Growdon, Chairman of the Comittee of Couneil ds Assem»
blie, appointed to Consider of the Lt. Governo™ speech, made report
to the Leivt. Go' de Gouncil, that they had with all diligence perused
ds Considered y8 same, ds had drawn up a bill for the further Con
sideraon of the Leivt. Go', Council ds Assembly, to be past Into a
Law, for preventing frauds, dse. which was distinctlie read & debated,
article by article. ,
Ordered y' Dad Lloyd de Wm. Rodney, Carry y8 sd bill to the
, house of repsentatives for y' approbaon; wch they did.
John Hill, returned by the Sheriff of -Sussex County to serve in
Council, de Luke Watson, Jr. to- serve in Assembly, took y8 oathes
appointed by act of parliamt to be taken instead of the oaths of alle
giance ds Supremacie, and subt the test.
'[David Evans.
Upon Reading the petion of David Evans, setting forth that hee
was Close prisoner in the comon goal of y8 Countie of Philadelphia,
upon Suspition of Having been a pirate belonging to Avery's Crew,
ds y' hee had his triall at y8 old Bayley in England, before the Lord
Chief Justice Holt, ds was cleared by proclamaon, but remanded to
Newgate for his fees, de was relieved thence by Jn" Lowrie, who
had been by the petitioner subpoenaed as a wittnes for him on his
triall, ds was psent at y8 same, ds at his discharge, which the peti
tioner was readie to make appear, by the testimony of y8 sd Jn"
Lowrie, ds other Lett™ from Credible psons, ds yrfor requesting to be
discharged from his confinement. John Lowrie appearing before y
Lt. Go' ds Council, did Swear on the Holy Evangells of Almighty
God, that in July Last hee was at the trial of the said David Eyans,
at the old Bayley, before the Lord Chief Justice Holt, & heard him
cleared by proclamaon; and afterwards eaw him in Newgate, paid his
fees for him, de tooke bim into the said' deponent's Lodging ; Also
44

518 MINUTES OF THE
a Lett' from one Capt. Humphrey p'ellew, M' of a vessel, directed
to the Lt. Governo', dated 14'" May instant, was produced, where
in hee says: I am a perfect Testator, by report of david Evans
acquittance, but M' Lofyrfe who was at his trial at y8 old Bayley,
London, in July Last, Can more fullie satisfy yo' Hono'. The said
David Evans also sent to the Lt. Go* ds Council a Lett' from one
James Lewis to his children here, dated the 8*° of 7br, 1697, wherin
hee writt? that; his Cosen, David Evans, having mett with trouble'1
about the psian ship, is now cleared ds discharged by Law, for the
king's evidence from first to Last, affirmed y' he was prest & forct
away by Capt. Avery ; That there were about fifty gentl, as they .
call them, from Carmarden ds pembrockshire at his triall, ds tho'
some did, yet there was no need for any of ym to appear in his
behalf. Hee was at a great charge to bring several M" of Shipps to
vindicate the truth of things as to him, but the Judges saw there was
no need for any of ym to appear in his behalf, nor to- examine ym,
de so released Him in open Court, To the great joy ds Content of,
Judge Wogen, Esq*. Sommerford, ds the rest of his Countrymen,
Sam" Harrison, mariner, (a man of good Credit here,) also- made-
oath on the Holy Evangells of Almighty God, y' in, England heesaw
the sd David Evans in. Custodie, ds, saw him Carryed prisoner to. >
London, ds knows no, more of him but, what hee, this deponent, had:
from y8 sd. David, Evans' own mouth.
Robert Snead: being, sent for before the Lt. Go'ds Council, by whois
means the said David Evans was by the Lt.. Go' Confined, was desiredi
.to exhibit Informaon ag' hirii, the said David Evans,. which hee did,
and which remain ony8 file in the Secries office.
v Resolve'd, that if th,e sd, David Evans cannot bring good ds sufE*.
cient securitie to the Lt- Go* ds Council, to be bound body for body
for him, that hee shall not depart the province untill hee- produce
from England authentick Certificates of his trial dsdisohargej-y'then ,
hee shall remain as hee is, close prisoner, untill he be dischargedby
due Course of Law.
The Lt. Go' ordered y8 Secry to Issue a Sumons for, y' sd R'
Snead. to appear befor y8 Go' & Council post m.

POST MERID.
Att a Council Held alt Philadelphia die Jovis, 19'" May, 1698, Post
merid., WM. MARKHAM, esq'. Lt. Go', et ysdem ut antea, except Rd HaH,
liwell. The sd Robt. Snead appearing, The Lt. Go' acquainted him y' hee
had avice from England that y° sd Robt. Snead had wrote to Eng
land, pticularlie to Sir I. Hoblon de Coll. Robt. Quarry, Informing
ym That tho' y8 Governo' knew of Si had ye proclamaon to seize
pirats, yet that hee refused to seize several ofy8 pirats of Avery 'Si

PROVINCIAL COUNCIL. 519
crew, & baited ym after Seizure, ds denied & refused guards to watch
them, the goal being insufficient. All which hee, y" sd Robt. Snead,
positiyely dented, dssaid that hee sent to y8 proprietor a Copie of-
what hee wrote. Hee owned that hee had writt They wer bailed,
but not by y8 Go', ds that hee Complained home of abuses he had re
ceived here. The Lt. Go' told him that it had been his duty, first to
have Complained here for redress of the sd abuses, Ss when y' was
denied him here, It was then time enough to have Complained horrie.
Then the Lt. Go' & Council demanded a sight of the Copies of y" sd
Lres, that they might make ans' yrto, if hee had charged ym with
any thing. Hee replied they wer at Newyork, but expected ym by
y8 post, ds yn he wold pduce ym.
THen the Lt. Governo' saia, that there were other* Informaons sent
home, viz: that many 100d hhds of Tobacco are Constantlis Shipt
from pennsilvania directly for Scotland, Si particular men named, de
no security taken but beggars, for which bribes taken. That there
is an illegal trade from Curasso. That pennsilvania is become y8
greatest refuge de Shelter for pirats ds Rogues in America, The Go'
giving ym Comissions. That a ship Came hither directiie from Den
mark with Copper, tin, ds* other European goods, wch- were all
unloaden, & the Shipp unrigged before shee was seized. That a brig
anteen from Newyork took in almost all her Loading of tobacco wtout
giving bond or securitie ; & that the bussines making a great noise,
The Go' ordered the Collector to seize her, which was done, & pre-
paraon made for a trial, but y' before it Came on, the Go' ordered
her to be discharged, Si that some ofthe owners say It cost ym 10011
to clear their briganteen. All which hee, the said Robt. Snead, denied,
& said Hee knew nothing of it.
John Moor, a practitioner in Law at the Courts of this province,
being sent by the Lt. Go', appeared. The Gor told him y' he under
stood y' Esq' Randolph had named Him to act as attornie General in
behalf of his maty, Ss told him that hee sent for. Him to qualitie him
to act accordingly in that station, ds to put in Suit some plantaon bonds
ds other actions y' Esq' Randolph intended to prosecute. The said
Jn" Moor refused, becaus Esq' Randolph had required him to prose
cute persons to Judgm' de execuon in Cases where hee, the said Jn°
Moor, Conceived y' hee, y8 sd Esq' Randolph, himself tfas not Im-
powered to discharge, or words to that effect.
Adjourned to 20*h instant.

gO" May, 1698.
Att a Council Held att Philadelphia die Veneris, 20"1 May, 1698.
present:
i WM. MARKHAM, esq' Lt. Go', et ysdem ut antea, ds Jn° Hill, Rich
Halliwell, absent.
The Lt. Go' appointed Edw" Shippen, Wm. Biles, Dad Lloyd & Jn"

520 MINUTES OF THE
Hill, a Comittee of Council to join a Comittee of Assembly lo examin,
adjust Si bring in an accot of the debts of the governm', ds to report.
Adjourned to 23d instant; '

23d May, 1698.
At a Council Held att Philadelphia Die Luna?, 23dMay, 1698.
PRESENT ."
WM. MARKHAM, esq'. Lt. Go', et ysdem except Joseph Growdon.
Edwd Shippen, Chairman of y" Comittee of Council ds Assembly
appointed to examin, adjust ds bring in the debts of the governm', made
Report to the Lt. Governo' &, Couricil, that they found the province
to stand indebted to sundry persons in y8 sum of 
Anthony Morris & Cornelius Wiltbank, brought, from the Assem
bly to the Ll. Go' & Council, a Bill for. Confirming the Laws of this
government, which was read ds debated.
Adjourned to 24'h instant.

. [24,b May.
Att a Council Held att philad. die Martis, 24th May, 1698.
PRESENT :
WM. MARKHAM, esq'. Lieut. Governo', et ysdem ut, antea, with
Joseph Growdon, Richd Halliwell, absent.
Sam" Richardson ds Henry Molleston brought from the house of
Repsentatives to the Lt. Go', a bill for Continuing of an act entitled,
The Law for the speedy Collecting the arrears of the assessmt Laid
anno 1696, which was read ds debated.
Anthony Morris Ss Tho. Oldman brought from the house of Rep
sentatives to theLt Go', a Bill Supplemental; to y8 Law ag' Robbing!
ds stealing; as also, y'bill for regulating frauds ; Both wch wer read'J
ds debated.
Adjourned to 26*h instant.

[26lh May, 1698.
Att a Council Held att philad. die Jovis, 26"' May, 1698.
present: '
WM. MARKHAM; esq'. Lt. Go', et ysdem ut antea, & Rd Flalliwelll

PROVINpiAL COUNCIL. ; 521
Jn' Donaldson, Returned by y" sheriff of ya Countte of Newcastle
as repsentative in Council, took the usual oath3 &. test, dsc. Caleb
pussey, & Jn° Grubb, from the house of repsentatives, brought to y8
Lt. Go' de Council a Bill to encourage bringing in of money, to pro
mote trade ds ease paym" ; as also, a Bill for regulating the streetts
&t water Courses in the cities ds towns of this governm' ; both which
wer read and debated.
Adjourned to 27*° instant.

[27* May, 1698. '
Att a Council Held att philad. Die Veneris, 27* May, 1698.
PRESENT :
WM. MARKHAM, esq*. Leivt. Go'.
Sam" Carpenter, David Lloyd, Wm Rodeney,
Edwd, Shippen, Jn" Simcocke, Wm. Clark,
Joseph Growdon, Richd Halliwell, Jn" Hill,
Wm Biles, Jn° Donaldson, John Bewley, Esq'., Collector.
The Lt. Go' delivered to y8 Secry certain Letters patent, und' the
great Seal of England, wch y8 sd secrie read, ds by reason that a
Quorum of y8 Comrs yrin named Could not be# gott together at y'
time to Swear y8 Lt. Go' by virtue of y8 sd Lres pat., dated y8 30*°
of April, in y 9*° year of y8 reign of Wm. the Sd, dsc. Wm. Mark
ham, Lt. Go' of y sd province, (by virtue of a Late Comission grant
ed to him by y8 Right Honble Wm. Penn, absolute proprietor de
Governo' of y8 sd province of Pennsylvania ds the territories yrto
belonging,) made oath upon the holy Evangells of Almighty God, to
do his utmost that all the matters and things Contained in the rexive
acts of trads & navigaon in y8 sd lres patt Si oath annexed Con
tained, shall be punctually &a bona fide observed as yrin is directed.
In a full Council held y* sd day, Jn" Bewley, Collector, psent, Where-
of an Indorsment is made on the sd Lres pat, 8s Signed by sd Jn"
Bewley, Collector, Rich1 Halliwell, Jn" Hill, Wm. Rodeny ds Jn°
Donaldson, all four ofthe Council.
The Assembly having repsented to the Lt. Go' ds Council as a
grievance, That the ordinarie had required exersof Tsstator's estates
to give securitie att y8 office; After a full ds free debate yrof in Coun
cil, It was ye unanimous opinion ds Resolve ofy8 Lt. Go* ds Council,
tha^ exers give securitie to the office for the due administraon of the
Testator's estate, as admrs do for Intestate's estates.
Adjoiarned to 28th instant. 44*

522 MINUTES OF THE

[28 May, 1698.
Att a Council Held att philad. die Sabbati, 28*° May, 1698.
PRESENT :
WM. MARKHAM, esq'. Lt. Go', et ysdsm ut supra. j
The Lt. Go? Resolved y" whole Council Into Comitteeflto Join a
Comittee of y8 whole Assembly, to prepare an address from ym as
y8 people's repsentatives to his matie, ds to make report, dzc , :,.
Adjourned to 30th instant.

[30 May, 1698.
Att a Council Held alt philad. 30'° May, 1698, die Luna?.
present: >;,
WM. MARKHAM, esq'. Leivt. Governo', et ysdem u^ antea, except :j
Jn" Donaldson ds Rd Halliwell.
Joseph Growdon, Chairman of ye Grand Comittee of Council ds
Assemblie, appointed to prep are-an address to his matie, made report
that they bad prepared y8 same, which being read ds debated, it was
ordered that the same should be engrossed de signed by the members
of Council ds assemblie, ds that the secrie should make outt two
duplicates y'of, de, to be by the-Lt. Go', with the original, sent to
England, ds that another remain on the file in y" Secries office.
Then the Governo' desired Jn° Hill to acquaint the assembly that
hee waited for them. Who returned, That they word forthwith,
attend him.
The Assemblie appearing, Mr. Speaker psented to the Lt. Go' ds
Council several bills which had past their house. The Lt. Go' said
Hee would Cause ym(to be read de Considered.
;0 After reading of all y8 sd bills by y8 secrie, the Lt. Go', with
advice of the. Council, rejected ds voted outt some of ym, and the
remaining six being three timss read, wer by them approved of, .viz:
The first entitled, The Law for Confirming the Laws of this go-
vernmt. The Second, An act for preventing of frauds ds regulating abuses!
in trade within this province of pennsilvania and Counties annex't. ••;
The third. The Law for the Continuaon of an act entitled, The
Law for the speedy Collecting the arrearages of the assessment Laidl
in 1696. g §
The fourth. The Law supplemental to the Laws ag' Robbing and
Stealing; The fifth. The Law to encourage bringing in of money to pro
mote trade, and 'make paymts more easie wtin this province de Ter-':*
ritories.

PROVINCIAL COUNCIL. 523
The Sixth. The Law for regulating streetts ds water Courses in
y8 Cities" Ss towns of this governmt.
[Peter Clausson.
Upon Reading the petition of peter Clausson, setting forth, That hee
has been under Confinement above a year Last past, upon suspition of
piracie ds as being one of Avery's Crew, de not brought to trial, and
yrfor requesting that seeing no accusaon Comes against him, hee
may have Licence to depart this governm'.
The petition' on his examinaon, Having»confest that hee had been
in Avery's ship, but said he was forc't on board, therefor y8 Lt. Go'
ds Council thought fit to reject his petion ; But a motion was made
that the Lt. Governo' might write to ffr. Nicholson, Go' of Mary
land, to order a Court, of Admiralty to try this petition' ds David
Evans. Adjourned to SI" of May, 1698.

f 31" May, 1698..
Att a Council Held att philad. die Martis, 31" May, 1698.
present :
WM. MARKHAM, esq'., Lt. Governo'.
Sam" Carpenter, William Biles, William Rodeney,
Edwd Shippen, David Lloyd, William Clark,
Joseph Growdon, Jn° Simcocke, John Hill.
The Lt. Go' dssired Jn" Hill ds Wm. Rodsnsy to acquaint y8 assem- !
bite that hee waited for ym, Who returned y' they wold forthwith
attend him. M' Speaker Si the whole house of repsentatives appear
ing, the Go' desired y8 Secris to read over all y8 six bills, which hee
did, ds yn underwrote each bill in these words, viz : Philadelphia, y8
31*' May, 1698. This Bill being three times read, was assented to
by the Lt. Go' & Council, ds yn y8 Lt. Go' past ym all one after
another, by signing y8 same' ds affixing thereto the Seal of the pro
vince. The Lt. Go' having read a Lett' from his grace the duke of Shrews-
burrie, Concerning pirats Si Sea Rovers, issued forth a proclamaon
ag* ym, a Copie qrof remains on y8 file of y8 minuts of this
In ans' 'to y8 assemblie's paper of grievances ; To y8 first that
security was required from exers, the Lt. Go' told ym y 'it was y8
opinion de Unanimous resolve of y" Council, that exers do ds shall
give security to the ordinary.
Ti> the 2cond, that the office of p'bates of wills, ds granting of Lres
of administraon, was at Philadelphia only, Hee told ym y' ye sd office
should be settled in each Countie rexivly.
To y8 3d, that the Center fair was a nusance, hee told ym y' he
wold Leave y' to the care of y8 Justices of y8 peace.

524 MINUTES OF THE ,
To y8 4ft, y' Jn° Claypoole was reputed ds convicted of ill-fame, <fc
yrfore unfit to be sheriff, Hee told ym Hee should have a fair Hear
ing. As to issuing writts for choosing repsentatives for y8 Assembly
in y" room of those y' had absented ymselves, Hee told ym y' when
there was occasion hee should issue such writts to Choose others;
Then y8 Go' said: gentl, If you have anie thing else to offerr at
this time for the consideraon of y8 Council ds Assembly, I'm ready to
hear you ; If not, to dismiss you : they ansred no.
Then y" Lt. Go' said : gentl, I dissolve you, de you are hereby
dissolved. M' Speaker thank't y8 Governo' and departed.
Then y8 Leivt. Governo' ordered y8 members of Council to attend
the publicaon of y8 laws, ds of a proclamaon ag' pirats, to-morroW
att ten in y8 morning, being 1"' June, 1698.
The Go'- adjourned y8 Council to y8 l" 7br. next.

[15th May, 1699.
Att a Council Held att Philadelphia die Lunse, 1501 May, 1699.
present :
WILLIAM' MARKHAM, Esq'., Lieut Governo*.
Sam" Carpenter, David Lloyd, Richd Willson,
Edwd Shippen, Caleb pussey, Wm. Clarke, ,
Wm. Biles, Wm. Rodeney, John Hill.
Upon reading the petion ofthe Inhabitants of kent County, setting
forth that qras there is a certain peel of land in y8 sd County, of
200 acres, on the south side of dover riverj neer the bridge in^tlie
king's road, qron the Court house now stands, wch y8 sd Inhabljp|nts
Latelie pchased from Wm. Southbee, for the publick use of the sd
County; ds qras y8 said Land being convenientlie accomodated in -r
all respects for y8 good ds benefit yrof, and it being highlte necessary
that a township, with all other priviledges ds benefitts, be erected;&
established for the good ofthe said County, with fairs att Convenient
times, dsc, and the sd Land being convenientlie situated for y' pur
pose ; And yrfor Requestirig y' y8 sd Land may be from hence forth
erected into a township, de called by the name of Canterburry, St.
that they have a fair yrin twice a year, and that the same may be
' Laid outt into Lotts, a Coman de market place, as the County Court
ds grand Jury shall order and appoint, with streets and publick Land
ings, ds y' the freeholders of the said Countte may have their Lotts
yrin proportionablie to what thsy have paid towards it, de that what.;
soever else may be necessary de Convenient for y° good d* '

PROVINCIAL COUNCIL. 525
yrof, may be left to the Court & grand Jurie from time to time, as
y8 same 'shall be needfull to be done.
Upon reading the within petion, the Leiut. Governo' and Council
granted the same as is desired, Ss that after, y° 20,h of June next, the
within town shall be called Dover.
[Eliz. Cruckshank's petion.
Upon Reading the petion of Eliz. (Late Cruikshank, now) Hall,
exrix. of y8 Last will ds testamt of Alex' Cruikshank, deced, setting
forth y' qras the per's sd husband, decedf by his last will ds testamt,
did bequeath to his daughter Hesther, a negro girle Hannah, ds the
rest of his real ds psonal estate to yo' pe'r., to be managed by her
till her children, in number five, should come to the age of 2 1 , ds
yn to be equallie divided among ym, & yo' per. to have her thirds att
her disposal, Se did m^ke her exrix yrof, as by said will appears ;
and qras, his real estate being a plantaon att passyunk, was apprized
att 170£, Ss his psonal att 4801b. 17s. 10d, in all 550£ 17' 10d, as p.
Inventarie appears, and y' shee hath lost by death of negroes &
cattle, ds paid ds disbursed towards paying of debts ds educaon, de
maintainance of her children, 3081b. 9d, (as p. her accots exhibited
to ds proved before y8 Go', in presence of Tho. Ss Eliz, two of her
children, now of age, appears,) who pronounced for the validitie of
her accots, ds ordered yo' per. to make distribution to ym of yr pro
portions of the remander of y 8 sd clear estate, after shee had deducted
her third p't yrof, according to the sd will : And by which accots
there appears to be due from your per. to y8sd estate, to ball 242' 17'
ld, qrof yo' per. is to have one third, is 80' IP", as p. will, & y" sd five
children are to have the remainder, wch is 1611 18" equallie among
ym, as they come to age, wch is 32' 7 7i to each one of them, if
, y8 sd plantaon sell for what it's apprized att. And qras, by y8 Law
of this province about Testats & Intestats estates, Jt is provided y*
; after all' delfts are pd the surplusage or residue (if anie be) of the
testator's psi lal estate, shall be by the exers divided according to y*
Last wills, *, widows having a third ofy' psonal estates. And qrby
its also provif 3d, y' where y8 sd testators or iritestators psonal estates
are sufficient "to pay all y' debts, y' their real estates shall be invest
ed He remain as their Last will Ss testamts devise y8 same, the widow
having a 3d p' yrof.
And qras, y8 sd psonal estate is not sufficient both to pay y8 said
Thomas nor Hesther yr proporons of y8 sd clear estate, nor to pay
her, the sd Eliz. her thirds yrof, no* to bring up, educate Ss main
tain the other 3 youngr children, nor to keep in repair, uphold ds
save from ruine Ss destruction y8 sd plantaon, nor to improve it to
all y' advantages, Ss that y8 sd Thomas is neither willing nor able
to pchass y8 sd plantaon, butt of which to pay himself, the other
. children Ss yo' per's. thirds; but is most willing y8 same should be
... sold for y8 purposes aforesaid, wch cannot be done wtout the order
of this board; And yrfor, Requesting y8 Go' Ss Council to permitt Ss
, allow her, y8 per, to sell de dispose of y8 sd plantaon, towards the
. defraying of ye sd proportions, Ss of yo' pers. thirds, Her owne sup-

526 MINUTES OF THE
port, Ss the mamtainancs Ss education of her other 3 children, Ss the
better Improvement of y8 remainder to y* advantage, y
The Lt. Governo' Se Council appointed Wm. Biles & Caleb pussey
to inspect into Se examin the pers. accots, Ss the truth ofthe allegaons
in y8 sd petion menoned, Ss to make report yrof to this board to
morrow morning.
[David Lloyd's petion.
Upon reading the petion ,of David Lloyd to the Lt. Go' Ss Coun
cil, setting forth that the per. Hath pchased a Smal peel of Land
att Chester, Called the Green, wch Lyes verie Comodious for build
ing a town. It fronts both to Chester creek Se delaware river, ds
is protracted, Ss a market place Laid outt, with streetts, by y8 Sur
veyo' General, as by the mapp to the said petion annex't appears ;
And yrfore, desiring this board to allow of ds Confirm the sd model!,
as the Law in that case directs. As also upon reading a Letter
from M' Jasper Yeates, Directed to the Secry in May, 1699, wherein
hee says : Sir — I inclosed send you a petion wch I desire you to
prefer to y Go' Ss Council, in case M' Lloyd putts anie thing in, or
moves to strengthen his title to the green. It appears to be Church
Land, becaus it's from ym hee derived his pretended Title ; if M'
Lloyd moves not, there will be no occasion to putt foreward the
petion. And upon reading the said Jasper Yeates' pstion to the
Governo' Ss Council, setting forth that hee is informed there is a
design on foot by Mr Lloyd, to obtain an act of Assembly to strength
en a pretended title of his to ths green Lying before Upland ; that
the sd Green is realie Church Land, Ss appropriated by a donation
to y' use for ever, And yrfor praying there may be no procedure
yron till notice be given to -y8 psons Concerned, Ss due time allow
ed, y* they may Lay before yor Honors what they have to alledge in
behalf of the Church.
Upon debate on both the sd petions, The petion of y8 said David
Lloyd is granted, saving to the proprietor Ss Go8, & to all other per
sons, their rights.
Adjourned to y8 16** instant.

1& May, 1699.
Att a Council Held att Philadelphia DieMartis, 16*" May, 1699.
WILLIAM MARKHAM, esq*. Leivt. Governo', et ysdem ut an
tea, &c.
Wm. Biles Ss Caleb pussey, to whom the examinaon of the petion
Ss accot of Eliz. Cruikshank was Comitted, made report, that they
had viewed Ss examined the same, Ss her stated accots with the
vouchers yrof, Ss found y* shee hath Lost much by the death of ne
groes Ss cattle, & been at great charge in maintaining & bringing

PROVINCIAL COUNCIL. 527
up her children, Ss has paid considerable debts ; and that there is
yrfor a necessitie to sell y8 plantation, yrin menoned .
Resolved Ss Ordered, that the sd Eliz (Late Cruikshank, now) Hall
& her husband, Richard Hall, with the consent of Thomas Cruik
shank, her eldest son, be allowed cf- permitted, Se is hereby, by y8 Go'
ds Council, allowed, permitted, authorized Ss impowred, to make saleSs
conveyance to anie psons whatsoever, ofthe within piantaon att pas
syunk, with its houses Ss all its apptenances, Containing  acres
of Land, Ss  acres of Marsh, Se to ym, y' heirs Ss assigns for
ever, towards the defraying the proporons^in the sd petion menoned,
& of the pers. thirds, her own support, Ss the maintainance ds edu
caon of her other 3 children, Ss the better improvment of the Re
mainder, to their advantage, according to y8 Laws & customs of y8
sd province. To hold to y8 sd purchasers Ss y' heirs Ss assigns, in
fee simple & estate of inheritance forever, Ssc.
Upon reading the petion of some ofthe Inhabitants of Chichester,
in the Countie of Chester, Requesting a weeklie markett Ss two fairs
in the year ; After a full debate yrupon, The Leivt. Go? de Council
granted ym a weeklie market on friday's, to be keept. in broad street
as is desired.

17"* May, 1699.
Att a Council Held att Philadelphia die Jovis, 17"1 May, 1699.
present :
WILLIAM MARKHAM, Esq'. Leivt. Governo*, et ysdem ut antea.
The Lt. Go* acquainted the Council that the proprietor Ss many
others in England, wer dissatisfied aboui the monies being advanced
in this province above the rate putt on it by the nighbouring Colonies,
de y' the raising of it might be prejudicial to the proprietor's Interest
in the Quitt rents.
' It was y8 Unanimous Opinion of y8 Council, y' the advancing, the
monie was but a prudential act to keep mony in y8 province, Ss that it
was never intended to be prejudicial to ye proprietor's quit rents, nor
should it be.
[petition about, y8 streetts.
Upon reading the petion of several of the Inhabitants ofthe town
of Philadelphia, setting forth the neglect of Levelling the streets, Ss
ordering the Currents yrof,, Ss the annoyance of the inhabitants by
obstruction ofthe said Currents, and yrfor requesting y'-Go'Ss Coun
cil to appoint psons to remedie- y8 same, according to Law. Ordered
that Edward Shippen, Joshua , Carpenter, John Jones, Charles Read;
Jn" parsons, Wm. Southbee, & Robt. Turner, or ante foure of them,
do with all expedion psue y" Law mads in the year 1698, entituled
The Law for regulating streetts & water-courses in the cities ds towns

528 MINUTES OF THE
i
ofthis governmt'; ds, that they begin with the High-stieett Currents
in y8 front yrof ds Highstreet wharff, The Currents between Robert
Yieldall's Ss the widow Borden's, Ss the Currentts &. wharff' by Hum
phrey de John Morrey's, Ss Wm. Hearr.

[29th June, 1699.
Att a Council Held att Philadelphia Die Lunse, the 29th day of
June, 1699. present:
WM. MARKHAM, Esq*. Leivt. Governo'.
Sam" Carpenter, William Biles, Caleb pussey, ' -
Edward Shippen, David Loyd,
Upon reading the petion which Robert Brandingham Si William
Stanton (prisoners in the Countie goal of Philadelphia, upon suspitiqnij
of piracy) did exhibit to the Governo' de Couricil for a speedie trial;'"
de Jn" Tudor of Newyork being heard in their behalf, & the mater
debated, and this board being informed that the Lord Bellamont, Go'
of new york, has a proclamaon from his matie for pardoning such'
pirats as shall surrender ymselves within a Certain time yrin men
tioned, (with an exception of Avery and kidd,) It was resolved that
care be taken to obtain the Certaintie ofthe Contents of y° sd procla
maon, if anie such be, and that then further answer be given to the sd
petion.

30th July, 1699.
Att a Council Held att Philadelphia die Luna?, y8 30th day of July,
1699. PRESENT I
WILLIAM MARKHAM, esq'. Leivt. Governo'.
Sam" Carpenter, David Loyd, Caleb pussey.
Edward Shrppen,
Upon reading a Letter from Richard Halliwell, one ofthe Justices
ofthe peace ofy8 Countte of Newcastle, directed to the Leiut. Go
verno', in these words, viz : Honoured Go', Sir, This Comes to
acquaint yo' Honour that this day was several evidences taken before
me relating to several words & passages that happened upon y'
water yesterday, betwixt M' Birch, Collector, ds Several other per
sons in another boat, bound up the river. M' James Meinzies, being
one that was accused for words ds act, being this day in Newcastle,

PROVINCIAL COUNCIL. 529
was bound in y" sum of five hundred pounds, with securitie, for his
appearance before yor Hon' before the first day of Aug' next, to ans'
to such matters as shall be objected ag' him. I have given M ' Mein
zies a copie ofthe whole accusation, (V. Coll. Quarrie another, keeping
the original myselfe, Leaving the prosecution ofthe matter to yo'
Honor's discretion. I confess its a thing not practicable ; but wee
having no king's attornie, the Last provincial Court to prosecute
what was there cognizable, Could see no way more Safe & expedi
tious than to referr y8 matter to yo' Hon'. Sir, if you think reasona
ble to have the original affidavits, they shall be sent, when yo' Hon'
Comands them from vour most Humble Servant.
RICHARD HALLIWELL, Newcastle,
July y8 27"1, 1699.
Upon reading the petition of James Meinzies of Boston, to y8 Lt.
Governo' & Council, Setting forth that hee being imployed by M™
John Boreland <Ss Jn° Maxwell of Boston, merts, to receive several
debts due to ym in these parts of America, Ss according to their Letter
of attornie, hee received in west Jersie about 300£ due to ym, Which
Sum yoT petitioner Carrying along with him in a boat, from the
Lower parts of West Jersie to Philadelphia, where hee was to dispose
of y8 same for his Constituents, according to their order, One M'
Birch of Newcastle, with 3 or 4 men more, Came out in a boat from
Newcastle upon y8 26'h of July instant, ds came up with the boat in
which yo' petitioner ds several others were, and demanded from whence
they Came ; to whom it was answered from below ; ds Birch asking
what Loading was in y8 boat, Hee was told there was none but
Cloathes ; and hee desiring to know what was in the Chest that was
in the boat , "the same being opened, hee saw the monie, which yo'
petitioner told^belonged to M' Jn" Boreland, ds tooke up one of the
baggs marked with I. B. and the sd Birch desiring ym to go with him
to the key att Newcastle, which they could not do, both wind ds tide
being ag' ym; The petitioner told him hee was bound to Philadelphia,
ds if hee pleased to Come on board hee might see what was there ;
and yo' per. being a stranger, ds seeing neither the king's Jack on
board wt sd Birch, nor ante power nor Commission hee had for stop-
ing ye boat yo' per. was in, Wee turned our boat &i came towards
Philadelphia ; and the day after yo' petitioner being att Newcastle
about his Lawll bussines, Upon informaon by said- Birch to Justice
Halliwell, ther wer several affidavits taken, Ss yor per, obliged to
enter into recognizance for appearing befor the, Honord Lt. Go' before;
y8 first of Aug' next; and ther being as yet no Crime Laid to y* peti
tioner's charge, nor anie pson appearing to accuse him, Si a great
part of the affadavits being false, as yo'r per. can make appear by the
testimonies of psons of undoubted fame, who wer in y8 boat with him,
and yrfor requesting y8 Go' ds* Council, upon due Consideraon of y8
premisses, to dismiss y8 per. ds discharge his bail, and yor per. shall
pray, dsc.
Upon full debate on both, It was resolved that (in respect the said
Justice Halliwell had not certified ye Complaint to y8 Go' Ss Council)
the sd James Meinzies should be bound with sureties, to appear before
45

530 MINUTES OF THE
y" Go' de Council y" 8* ensuing, to ans' y8 same, and y' a wrant be
issued from y8 Lt. Go', under his hand & seal of y8 province, requir
ing y8 sd Justice Halliwell, de M' Mathew Birch, Collector of Newcastle,
to appear before him ds Council y8 sd day, bringing wt ym y8 original
affidavits taken ag' y8 sd Ja. Meinzies ds the other psons yrin named,
with all other papers, psons de witnesses relating to y8 sd matter.
Adjourned to y8 8'h of August next.

Att a Council Held att Philadelphia, die Martis, 8'° of August,
1699.
WM. MARKHAM, esq', Leiut. Governo'.
Sam" Carpenter, Wm. Biles, David Lloyd,
Edw" Shippen, phineas pemberton, Caleb pussey,
Henry Mallows, mess' ofy8 Council, to whom y8 abov sd warr' was
directed, did return y8 same to the Lieut. Governo' ds< Council, dutie
executed. The sd Richd Halliwell de Mathew Birch (with Coll. Quarry,
who told y8 Lt. Go' & Council y' he was Comanded by y8 sd Birch,
Collector, to appear wt him att this board on his maties behalfe) ap
peared, and sd Justice Halliwell delivered to y8 board y8 original affi
davits of Jacob Boditt, James Hunt, & Harman peterson, taken before
him, ag' Ja. Meinzes, Ja. Howe, Ja. m'Colme, Edward Robinson, Jn°
Hues & Tho. Rogers, two boatmen, Ss one  , Boatswaine, of
y° ship  , Whichhaving been read, The Lt. Go' told Mr Birch,
Collector, y' if hee had been abused in the execuon of hk office by all
or any ofy8 sd psons, the acts of navigaon did prescribe how, where
ds when, & by whom they should be tried, Ss y' it was not cognizable
before this board. But since it was brought hither by mistake ofy"
Justice in his duty, hee should have Libertie to prosecute y8 sd psons
att anie Court in this governm', ds yet hee was readie to bind over so
manie of ym as was in his governm' to answer y8 same.
To which y8 sd Mr Birch, Collector, replied that hee thought it not
reasonable y' hee should prosecute ym att his owne charge. The
Leiut. Go' advised him to Consider of it, Ss told him hee wold send y!
attornie "general to assist him. The sd Birch went forth with Coll.
Quarry to advise, who returning, desired that all these might be bound
over wch are Contained in y8 affidavitt, jatt y8 next Court of quarter
sessions to-be held att Newcastle, which was granted.
Accordingly, y8 sd James Meinzes recognized himselfe in 300£,
and Charles Sanders, his securitie, in 200£, to his matte, that the sd
James Meinzies should appear att y8 sd Court ye sd day, ds there ans'
yc Complaint ofy8 sd Collector, ds not* depart y8 Court wtout Licence.
Then y8 Lt. Go' desired y8 mess' ofthe Council to Sumons Edward
Robinson &z James McColme, to appear att this board to-morrow
morning. Coll. Quarry said, y' hee had Latelie been in Virginia de Maryland,

PROVINCIAL COUNCIL. 531
ds there had heard y1 y" Go' there intended to secure y" psons 8s
effects of all psons suspected of piracie, Untill his mattes pleasure be
further known, de y' hee had Consulted his Comission of Judge of y'
admiraltie, ds found y' notwtetanding y" Law past here by advice of
the Honoble y8 Lords Comissioners of y° plantaons, ansrable to y"
Jamaica act, y' hee had not power yrby of trying piracy, but had
writt to Secrie Vernon yrof, de y8 Lords ofy" admiralty. And then
he sd that hee himself was a Considerable trader in this province for
himself de several others in England, de y',hee had some vessells now
at sea on y' accot, de y' tho' hee expected some dayly, yet was afraid-
yl y8 first news hee should hear of ym wold be that they wer taken by
pirats, de y' they had of Late grown so numerous ds insolent, that
they spared not even his maties Chambers ds ports where shipps of
warr are numerous, Ss that they had Comitted several murthers on
board his maties shipps of Warr.
To all which the Lt. Go' replied, that hee had secured all that he
could heare of y' wer suspected of piracie, wt yr effects, ds had sent
advice yrof to England, ds y' hee wondered y' Coll. Quarry, by him
self or his deputie, Robt. Snead, had apprehended two psons upon
suspition of piracy, & had possessed ymselves of yr. effects, de not
trusting ym to y8 Justice of this governm', (tho' apprehended in it) nor
acquainted y8 governm' with it, Sent ym outt of it to West Jersie,
which act of Coll. Quarrie's, or his deputie's, was by y8 Go* ds Coun
cil resolved not in y8 power of ym to do, ds a Contempt ofthis govern
ment. Upon reading the petion of Robt. Brandingham ds Wm. Stanton,
prisoners in y8 Countie goal of Philadelphia, upon suspition of piracy,
setting forth y' y* estates wer seized Ss detained from y m, tho' nothing
had been proved ag'ym,ds yrfor requesting they may be discharged,
ds yr monies ds goods restored to ym, or admitted to a speedie trial, ds
in y" meantime to be allowed bail for y* psons & estates.
The Lt. Go* Si Council being informed y' notwtstanding y8 pers.
wer Comitted Close prisoners, yet they went att Largs about y8 town.
Jn" Claypoole, Sheriff, appeared, ds y" Lt Go' acquainted him y' great
notice was taken ds Complaint made y'Rob' Brandingham dsWm. Stan
ton, who had been Comitted prisoners to y8 Countie goal of Philadelphia
upon suspition of piracie, had great Libertie, ds went about the streetts
verie often att Large. To which the sheriff replied, that they never
went wtout his Leave, & a keeper, wch hee thought might have been
allowed in hott weather.
Whereupon the Lt. Go* strictlie charged him that those persons y*
had been Comitted for suspition of piracie & other felonious acts,
should be keept Close prisoners, ds y' hee be verie watchfull y' they
make not y* sscape, to y8 scandal of y8 governm*.

532- MINUTES' OF THE
[9* August, 1699.
Att a Council Held att Philadelphia die Mercury, 9lb August,-
1699.
WILLIAM MARKHAM, Esq'. Lieut. Governo'.
Sam" Carpenter, phineas pemberton, Caleb pussey.
William Biles, David Lloyd,
According to an ord' of Council y8 8th instant, appeared Edward
Robinson Si John McColme. The Lieut. Governo' told ym y' y' had
been affidavits taken ag' ym ds some others, before Justine Halliwell,
for abusing Mr Birch, Collector of Newcastle, in the execuon of his
office, ds y' it was y8 sd Collector's desire y' y8 psons in the sd affida- '
vitts named should be bound over to ans' his Complaint att a Court of
Quarter sessions to be held att Newcastle y8 15lh instant.
Accordinglie the said Edward Robinson recognized' himself in
300£, St Ja. M'Colme, his securitie, in 200£, to his Matte, y' sd Ro
binson should appear att sd Court y8 sd day ds ans' y8 sd Complaint,
Ss not depart Court wtout Licence.
As also, y8 sd James M'Colme recognized himself in 300 J, Ss Edw*
Robinson, his securitie, in 200;£, to his Matte, y' y8 sd James M'Colme
should appear att sd Court sd day, ds ans' y8 sd Complaint, ds not
depart y8 Court wtout Leave.
Upon reading the petion of David Evans, setting forth that having
been. imprisoned in ye Countie goal of Philadelphia about 18 mo's.
past, upon suspition of piracie, for which hee had been tried Ss acquit
ted in England, as by y8 oathes of several psons had been made ap
pear, Which if not thought sufficient, the petitioner could produce
others that were ait- his trial, y' could' wiltness y8-' same ; And yrfor,
desiring this board to Consider his Long confinement and relieve him.
Itt was the opinion of the Lt. Go' 8t Council, that y8 per. has had time ¦'
enough since his confinement to procure Certificats from England of
his trial ds discharge, and y* in ans' to his petion, when y8 manner,
method, ds time ofy8 trial of him ds others, suspected of piracie, shall
be concerted ds agreed on, Hee should then, with others, have such
relief as the Law allows.
Upon reading the Complaint of some ofthe inhabitants of New-,
castle town toy8 Go' ds Council, in these words : Wee,' the inhabit
ants of y8 Countte of Newcastle, humbly psent, y' whereas, about y8
end of Aug', 1698,-a Company of pirats to y8 number of about 80, in
a ship,. Came wtin the Capes of Delaware, went ashoar ds plundered
y8 town of Lewis, Carying away what they pleased, dz had a design to
come up to ye town of Newcastle to do.y8 Like, but accidentalie meet
ing with a ship in y8 bay which brought passingers from Holland,-
whom they forced to furnish ym wt provisions Si other necessaries,
otherwise they wold have seized her; And Likewise, since the, 2,0'° of
Juns Last past, ths briganteen Sweep Stakes, belonging to Col. Wsbb,
Late Go' of providence, ryding before y8 town of Newcastle, mounted
with six guns, ritchly loaden, ready the next day to sail for England,
was in the night time, by y8 vessels Compa. of sailors & others, to, y8

PROVINCIAL COUNCIL. 533
number of 13, piratically taken away, foure of which vessells Compa.
wold not Consent to y" said piracie, so wer sett on shore. All which
wee are verie sensible of and know,' the greatest encouragments to
such attempts hath been ds is the incapacitie wee are in to prevent
the Like, Having neither fort, castle nor breastworke, to Comand ante
ship or vessell ; no militia, arms, nor ammunition to make, use of on
ante occasion; And It is also manifest unto us, that the same Unlaw
full ds piratical practice may be as. well putt in practice any time of
y8 day, tho' it be 100d males up y8 river, as in the dead ofthe night,
here being no provision to prevent y8 same, so y'- both, our Lives,
Liberties and estates, have hitherto Lyen open, &z still do remain de
fenceless ds void of protection, ds ever exposed to y8 wills of such
mercieless wretches, who are a plague to all honest endeavours & a
Continual terror to our peace & tranquillitie, which wee humbly referr
to yor Serious Consideraon, ds of right desire y' such care may be
taken, y' o' Lives and estates may not remain in sUch Imminent
jeopardy and danger, but y' wee may be defended as his mattes Law-
full subjects : subt. by 25 psons of y8 sd town-
The above petion having been read and Considered, It is the opinion of
this board that whatever encouragm' pirats may take by o' not having
forts ds castles, dsc. Wee find y' bolder attempts than what is in the
wtin petition instanced, has been made wtin ports of great fortitude
and strength, even in those places (as wee are informed) Called the
king's chambers, where shipps of warr are numerous; and this board
does not understand that the forts of Virginia ds Marie Land, wch
are Colonies of Long standing, and inhabited by psons of great es
tates, Ss bring vast revenues to the Crown, are much more formidable
than the fort of Newcastle hath been, de if it's now delayed, the In
habitants of y' place are accountable for it. And if this Countrie wer
able to build great Castles ds forts of strength, yet if ye people are
not also able ds capable (as they are not) to maintain such posts, It is
y8 opinion of this board, that it may prove more prejudicial to y° king's
interest, ds Hazardous to his subjects here, then if there be no such
fortresses. And as for a Militia, it is the opinion ofthis board that
its a more proper subject for the Consideraon of a general Assemblie,
where the petitioner's might have taken yr opportunitte to proposs it
in- May Last, had they ds ths rest ofthe Inhabitants of Newcastle
Countie, done yr dutie in electing ds sending y repsentatives to assist
ds advise y8 Go' att y8 said Assembly, in things pertaining to the
king's service, ds good de saftie of y8 govern', which they obstinatte
refused. Upon reading the petion of Sam" Hadden to, yeLt. Go' de Council,
setting forth y' hee was encouraged in England by Sam" Cart, that if
hee Could procure him 17 passingers, for pennsilvania, y1 then hes
should have his owne passage free, ds liis wife's de 4 children's* for
15 £ st. they taking up but two Cabbins & in one mess ; Upon which
encourgm', y8 petitioner having disposed of his effects, brought them,
with his familie and 17 passingers, to Bristow, a Journie of 70 miles,
Si putt his goods on board by sd Cart's order, paid in the 1511, and
45*

534 MINUTES OF THE
that afterwards y8 said Cart wold not suffer, y8 pers. wife nor children
to go on board unless hee wold first pay 511. for his owne passage,
and as much for each one of his children ; and y' yrupon y8 per. de
manded - his goods ashoare again, wch Cart dented him ; and y' y"
per. having but three pence Left, was forced to sell his children, one
for nine &z the other for tenn years, or else stay in England, when
his whole substance was Caried elsewhere ; And yrfor Requesting y
Go' ds Council to Order His Children to be returned, him, or else
y'they order him. satisfacon some other way. Sam" Cart appearing
and having heard y8 sd petion read, ds after a tedious dispute on y8
matter between the per. and the sd Sam" Cart, They both submitted
y8 difference to ye Lt. Go* Ss Council (the per. being poor 8s not able
to go to Law.)
Whereupon, it was ordered y' the sd Sam" Cart do return to y8 sd
Sana" Hadden his son Adam Hadden, ds y'the sd Sam" Hadden give
securitie to Sam" Cart to pay him eight pounds, and y' y8 said Sam"
Cart allow to James peters, of Bristow, lOli. 10s. in Bristow, in Con
sideraon of his Laying down 51i. 10s. in Bristoll for y" sd. Adam,
HaddenV passage,, att yB sd Sam" Hadden's request..

[21" Decemb', 1699.
Att a Council Held att Philadelphia die Jovis.Sl" W Mo., Decem
ber, 1699. PRESENT :
The Honble WM. PENN, Absolute Proprietor Ss Governo* in Chief
of y8 province of pennsilvania and the territories yrto belonging..
Edwd Shippen, Caleb pussey, Wm. Biles,
Sam" Carpenter, Wm. Clarke, David Lloyd,
Pat. Robinson, Secry. .
The pro'r & Go' Havingi repsented in Council the resentm' of or.
supiors in England, of the Countenance said to be given here to-
piracie ds illegal trade, as by accot from some of the king's officers
in thess pts is suggested,
It is Resolved, y* a proclamaon be forthwith Issued for discour-
agm' yrof, de y' further expedients be thought on concerning y" same,,
de that Coll. Quarry, Judge of the admiraltie, have notice to attend'
this board att the 3d houre to-morrow, p. m. to offerr what hee may
think fitt in y' behalf.
Adjourned to y" 22d instant, hora 2da p. m-

PROVINCIAL COUNCIL 535
[S2d Decemb', 1699.
Att a Council Held att Philadelphia die Veneris, 22d Decemb',
1699.
WM. PENN, pror ds Go', et ysdem ut antea.
The mess* of the Council acquainted ym y' Anthony Morris, one of
the Justices of peace for philad. County, desired admittance, which
being granted, said That hee had for some ysars past ssrved y8 king
de Country as such to his great trouble Ss private detriment, and
then delivering to ym 4 paps, relating to y%goods of one Robt.. Adams
of Boston, y' in June, 1698, had been seized by the king's Collectors
here, Ss by ym, by a warr' from sd Coll. Quarry, delivred into y*
hands of Robt. Webb, marshall of y8 admiraltie, ds wch had been
(by a warr' of replevin signed by him, sd Anthony) replevied and
taken outt ofthe hands of sd Marshall, And yrfor, y' hee now came
befor ym to Lay down, ds did lay down, his Comission of Justice ;
and further said, y' hee granted ds signed y" sd replevin in psuance
(as hee thought) of his duty, believing hee was in the right, de y' hee
was induced yrto by advice of those that hee thought wer well skilled
in y8 Law, who told him y* it was the priviledge of the subject ; and
further said, y' hee had no interest in the owner nor goods, nor no
self by nor sinister end in so doing.
To whom the pro' ds Go' made ans', That his signing y8 sd reple
vin was a verie indeliberate, rash ds (in his opinion) unwarrantable
act, which hes, sd Anthonis, could not justifie, Ss yet hee wold be so
farr from Justifying itt, that tho' hee could not deliver back Into y8
hands ofy8 admiraltie y" sd goods, (they being long since delivered to
the supposed ower, on securitie given to the Sheriff,) yet he wold de
liver into y8 Judge of y8 admiraltie's hands, de into y8 power of y*
Court, the 2 invries 8s appraismts of sd goods, de y8 obligaon given
by sd Adams ds his sureties to ye Sheriff of philad, for 327H. 8s, 6d
Then sd Anthony was desired to withdraw ,* which hee did!
Upon notice given yesterday to Coll. Quarrie, hee this day appeared,
To whom the pror. & Go' having opened his, the Council ds govermts
most sincere intentions, by all Law" means, to discourage, discounte
nance ds severely punish piracy de Illegal trade, Hee desired y8 sd
Coll. to be assistant in proposing such expedients as might be most
Conducive yrto, ds y' hee de all others the king's officers de y8 govmfs',
might go on hand in hand in securing the king's interests in this
govm*. To wch y8 sd Coll. ansred, y' the matter being weightie it
required thought, de y' after some consideraon, hee wold propose to
ym what in his opinion wold be most effectual' for these ends.
Then y8 pro' ds Go' deliverd to sd Coll. Quarry 4 paps, relating to
the sd replevin, telling him y' tho' y* goods in kind were Long since
delivered to y° ptended owner, de so outt of his power, yet hee deli
vered to him the Invrie, 2 appraismts, Ss sd Adams 8s His sureties
obligaon for y8 sd sum, de desired ye secrie to take Copie of sd 4 paps.
wt Coll. Quarrie's receit for y8 same, to remain on y8 file of minutes
ofCouncil..

536 MINUTES OF THE
Upon reading the petion of Robt. Brandingham, prison' in y" Countte
goal of philad, upon suspition of piracie, setting forth his Hardship by
being confined in these Cold nights to a Low room, wtout fire, ds for
want of monie to support him; And therfore desiring to be allowed a
warmer room, de a Little of his owne monie (hee having a Consider
able sum in y° Late Lt. Go' Markharii's hands) for his subsistence.
Ordered y' sd Coll. Markham Lst y8 psr, or his ordr, havs 12s.
wseklie to subsist on.
Adjourned to Is' January, 1699-1700.

[PENNSILVANIA, SS. 10*nMay, 1699.
Att a Council Held att Philadelphia die Mercury, 10* May, 1699:
PRESENT :
WILLIAM MARKHAM, Esq', Lieut.' Governo'.
The Sheriff ofthe Countte of Philadelphia his Return of repsenta
tives for Council was produced, qrby it appeared that there wer elected
Sam" Carpenter 8s Edwd Shippen, Who appeared.
The Sheriff of the County of Bucks His return of repsentatives for
Council was produced, qrby it appeared that there wer elected phinehas
pemberton ds Wm. Biles ; y8 last appeared.
The Sheriff of the County of Chester his return of repsentatives
for Council was produced, whereby it appeared that there wer elected
David Lloyd ds Caleb pussey, who appeared.
The Sheriff of the County of Newcastle His return of repsentatives
for Council being called for, The Secrie produced a Letf from Joseph
Wood, then Sheriff'of the sd County, dated 13"1 March, 1698-9, di
rected to him, wt half a sheet of paper, all blank; and in the Letter it
was said : "I here inclosed send you the return of the names of the
" Council ds Assembly men Chosen here the 10'° ofthis instant. To
" give you anie reason for such an election is beyond my power ;
" Have had no discourse with anie of the electors about it."
The Sheriff'of the Countie of kent his return of repsentatives for
Council was produced, whereby it appeared that ther wer elected
Wm. Rodeney 8s Richd. Willson, who appeared.
The Sheriff of the Countie of Sussex his Return of repsentatives
for Council was produced,whereby it appeared' that there wer efected
Wm. CLaric and John Hill, who appeared.
The sd Wm. Biles, Sam" Carpenter, Edwd Shippen, David Lloyd,
Caleb pussey, de Wm;. Clark, did subscribe the declaraon of fidelity,
The profession of the- Christian belief & the test, ds took their places
att the board:.

PROVINCIAL COUNCIL. 537
The sd.Jn" Hill, Wm. Rodeney de Rich" Wilson took the oaths
appointed by act of parliam' to be token instead of allegiance and supre
macie, de subt. the test, de took y* places att' the board.
AND THEN WER PRESENT, viz :
William Biles, David Lloyd, Richard Wilson,
Sam" Carpenter, Oaleb pussey, William Clark,
Edward Shipped, Wm. Rodeney, John Hill.
The Sheriff of the Countie of Bucks his Return of Repsentatives
for Assembly was produced, whereby ifappeared that there wer
elected John Surkett, Enoch Yardley, Jn" Swift de Richa Hough.
The first two appeared.
The Sheriff of the Countie of Philadelphia his Return of Repsenta
tives for Assembly was produced, whereby it appeared that there
wer elected Anthony Morris, James ffox, Isaac Norris, Jn8 Bevan,
who appeared.
The Sheriff of the Countie of Chester his Return of repsentatives
for Assembly was produced, whereby it appeared that there wer
elected John Blunston, Robert pile, Jn° Worrola de Robert Carter,
who appeared.
The Sheriff'of the Countie of kent His Return of Repsentatives
for Assembly was produced, qrby it appeared that there wer elected
John ffoster, Tho. -Sharp, Henrie Molteston, ds James Brpwn. The
first two appeared.
The Sheriff of the County of Sussex his Return of repsentatives
for assembly was produced, qrby it appeared that there wer elected
Wm. Biles, Wm. ffisher, Nehemiah ffield ds Wm. Dyre. The first
three appeared.
The sd Jn" Surkett, Enoch Yardley, Anthony. Morris, James ffox
Si Isaac Norris, Jn" Bevan, Jn" Blunston, Rob' Pile, Jn° Warrila,
Rob' Carter, Wm. Piles, John ffoster, Tho. Sharp, Wm. ffisher &
Nehemiah ffield, did subscribe the declaraon of fidelitie, profession' of
the Christian belief ds the test.
All which members of Assembly that wer Returned and appeared*
being thus qualified, The Lt. Go' said: Gentl, I desire you to go
together Ss choose yo* Speaker, 8s return him to mee in Council as
soon as you can, Who departed.
The Go' Ordered the Secrie to write a Lre to Jn" Swift ds Rich
Hough, to Command ym to make y' appearance in Assembly, Which
hee did.
Adjourned to the 11th instant, Sks.

[ll01 May, 1699.
Att a Council Held Philadelphia die Jovis, y8 ll"1 May, 1699.

538 MINUTES OF THE
present:
WM. MARKHAM, Esq1". Leiut. Governo*.
Sam" Carpenter, David Loyd, Richd Wilson,
Edw*1 Shippen, Caleb pussey, Wm. Clark,
Wm. Biles, Wm. Rodeney, John Hill. •
John Swift ds Richd Hough, two of the members of Assembly for
Bucks Count v, appeared 8s sub*, the declaraon of fidelitie, profession
ofthe Christian belief, de took the test, and wer sent to the House of
representatives. Anthonie Morris 'ds Nehsmiah ffteld, acquainted ths Lt. Go' &
Council that the members of Assembly wer ready to wait upon him:
The Lt. Governo' ds Council, Returned that they wer readie to re
ceive ym.
Then Jn" Blunston, accompanied by all the repsentatives of As
sembly, acquainted the Lt. Go^ that they had made choice of him for
their Speaker. The Lt. Go' replyed that hee was well satisfied .with
their choice.
Then the Lt. Go* said : M' Speaker de you Fgentlof ths Assembly,
Bsfors wss go upon anie other bussines, I think it meet that you
inquire into the reason of the absence of Several members of yo'
house, 8s wee shall do the same here, and I shall signify to this board
what I know in relaon to the sd absence, and if you think fitt, I shall
appoint a Comittee of the whole members of Council to join a Comit
tee of the whole members of Assembly, to be a grand Comittee, to
inquire Into y8 same. The Assembly departed.
Then the Lt. Go* read a Letter from Major Jn° Donaldson, of New
castle, directed to Him, dated y8 18th April, 1699 ; & another dated
the — ',  day of  -, 1699 ; ds Recomended ym to the Con
sideraon ofthe said grand Comittee.
The messenger was by y' Go' sent to y" Assembly, desiring ym
to send two of their members to him in Council. Jn° Bevan de An
thony Morris came.
The Lt. Go' told ym that hee intended to resolve the whole mem
bers of Council Into a Comittee, to Join a Comittee of all y8 members
of Assembly, to be a grand Comittee, to inquire Into Ss Consider of
the reasons ofy8 absence of some members of Council ds Assembly,
8s ofy8 sd 2 Lres, and "desired the Assembly to do y8 same.
It was ordered that the whole Council resolve itself into a grand
Comittee to Join a Comittee of all y8' assembly, to inquire into de con
sider of the absence ofy8 sd members de ofy8 sd Lres, de to, make
reporf to this board to-morrow morning.
Adjourned to y8 12*11 instant.

[12lh May,, 1699.
Att a Council Held att Philadelphia die Veneris, 12°' May, 1699.

PROVINCIAL COUNCIL. 539
present :
WM. MARKHAM, esq', Leiut, Governo', 8s all the members ut
antea. Wm. Clark, Chairman ofy8 sd grand Comittee appointed to
inquire into 8s Consider the reason of the absence of so manie mem
bers, made report in writting, viz : The Letters from John Donaldson
directed to thy self, as also that of Joseph Wood, directed to the
secrie, wch wer recomended to our Consideraon, wee have perused,de
do resent y8 same as a great indignitie ds High misdemeanor ag' y8
governm', as also that the wtstanding, presenting or discouraging oi
elections of repsentatives for Council ds Assemblie, is of verie ill con-
sequerice, 8s may tend to the subversion Ss overthrow of the frame ds
constituon ofthis governm', ds prove destructive to the rights ds Lib
erties of the freemen ds inhabitants thereof. Therfore, wee are of
opinion, y' y8 sd Jn° Donaldson & Joseph Wood ought to be forthwith
sent for, to ans* y8 premisses before this general Assembly, and y'
some suteable provision be made this sitting to pvent such miscar
riages for y8 future. WM. CLARK, Chairman.
THen the Lt. Go* resolved the Council Into a Comittee to join a
Comittee of Assembly, to hear the defences of y8 sd Jn° Donaldson ds
Joseph Wood, who casually wer in town, to-morrow morning, ds de
sired John Hill ds Richd Wilson to acquaint the Assembly yrof, ds
the messinger to acquaint y8 sd Jn° Donaldson ds Joseph Wood ther
with. Adjourned to the 13th instant.

[13'" May, 1699.
Att a Council Held att Philadelphia die Sabbathi, y" 13th of May,
1699. present :
WM. MARKHAM, esq*, et ysdem ut antea.
Phineas Pemberton, a member ©f Council for the Countie of Bucks,
appearing, subt. the declaraon of fidelitie, profession of the Christian
belief ds tbe test, and took his place att the board.
The Comittee of Assembly, viz: J n° Blunston, Speaker, Anthonie
Morris, James ffox, Richd Hough, Thomas Sharp ds Wm. Piles,
came (att the Go" request) into Council, and major John donalson
being called and appearing, and the above said Lre of 26'h of April
having been read, Hee made ans* that hee wrote it to the Go' as a
private pson, ds did not think it wold be exposed, & y' hee intended
no reflection nor ill to the governmt yrby, & did assure that he ever
had been de was then verie affectionate both to the proprietor de His
governm' 8s ye Lt. Go*. The Lt. Go' and Council taking this ans' Into
Consideraon, dismist him.

540 MINUTES OF THE
Joseph Wood being called de appearing, the said Lett' of his to the
secris Having been read, de the blarrck half sheet of paper shown
him, Hee made ans' that hee intended no affront to nor slight of the
¦governm', but what hee wrote was only jocular, ds was sorrie that
hee had given ym any offence yrby ; which answer being Consider
ed, hee was dismist.
Adjourned to 15'° instant.

[15"1 May, 1699.
Att a Council Held att Philadelphia die Luna?, 15'" May, 1699.
present:
WM. MARKHAM, esq', Lt.Go', st ysdsm ut antea, &s phinehas pem
berton.
Anthony Morris ds James Fox, from the House of Representatives,
requested the Go' wold appoint a Comittee of the Council, to join a
Comittee of Assemblie, to consider of y8 amendment of some laws,
& the making some new ones.
Resolved y' the whole members of Council be a Comittes to join
a Comittee of y8 House of repsentatives to consider as is desired, &
to make report.
Upon reading the petion of Laspey Cock to the Lt. Go' 8s Couricil,
about some money due to him, Itt was recomended to y° assembly
for y' allowance.
Upon reading the petion of Charles Sanders ds other merts, about
prohibiting skins to be caried out of this into any other province, as
also y8 franckford petion about Hoggs ; Both wer recomended to
the assembly.
Upon reading the memorial of M' Duncan Campbell, attornie for
Coll. Andrew Hamilton, about y8 Sallary of 201i due to him for sup
port of the post, for y8 year 1698, The same was by y8 Lt. Go' 8s
Council sent to the house of representatives, to be by ym allowed as
a debt due by the governm*.
Adjourned to 17'h instant.

17'" May, 1699.
At a Council Held att Philadelphia die Mercury, n"1 May, 1699.
present :
WM. MARKHAM, esq', et ysdem ut antea, except phineas pem
berton.

* PROVINCIAL COUNCIL. 541
Wm Clark, Chairman ofthe grand Comittee of Council ds assem
blie, appointed to consider ut supra, made report to the Go' ds Coun
cil that they had proposed several amendments of some laws de some
new ones to be made, which the members of Comittee for Council
Left to the repsentatives of Assembly to be drawen up into Laws.
Anthony Morris Si James ffox brought some bills from the house
of repsentatives to the Lt. Goverho' ds Council for their assent.
John Swift ds Isaac Norris brought some more bills from thejjid
house to the Lt. Go' de ^Council for thqjr assent, which with the
former, wer read, considered ds amerided, ds sent back to the house of
repsentatives, \gt y' rexive amendments.
AdjourneAto the 18*h instant.

[18*° May, 1699.
Att a Council Held att Philadelphia die Jovis, 18"1 of May, 1699.
present :
WM. MARKHAM, Esq', Leiut. Governor.
Sam" Carpenter, David Lloyd, Richd Wilson,
Edward Shippen, Caleb pussey, Wm. Clark,
William Biles, Wm. Rodeney, John Hill.
Ths Lt. Go' desired Wm. Biles Ss David Lloyd to acquaint the
Assembly tbat Hee & Council waited for ym ; Who returned that
they wold forthwith attend him.
• The Assembly appearing, M' Speaker psented to y8 Go' & Council
ten Laws wch had past their house. The Lt. Go' told ym Hee wold
cause ym to be read ds considered.
After reading of all the sd Bills three timfes by the secrie, They
wer by y8 Lt. Go' ds Council approved of ana assented to.
The first entitled, An act concerning elections of repsentatives in
Council de Assemblie.
The 2d, Tbe Law for the continuation of an act entituled The Law
for the speedie Collecting the arrearages of the assessment Laid in
the year 1696.
The 3d, An act for raising the- rate of one penny p. £, ds six Shills
p. head, dsc for the support ofy8 govern1 &, the paym*, of the'debts
& defraying the necessarie charges yrof.
' The 4th, Ths Law for regulating bread, flower, & tobacco casks to
a certain guage, the better to inforcea Law made in the year 1693,
entituled The Law about casks ds packing meat for transportaon.
The 5*", The Law ag' pirats and privateers.
The 6*°, The Law for Impowering the Justices in each Countie to
46

542 MINUTES OF THE
Lay outt de Confirm all roads except the king's high-ways de pub-
•lick roads.
The 7'°, The Law for regulating ordinaries.
The 8"1, The Law for appointing an officer to rectifie de stamp all
money weights.
The 9th, The Law to prevent the Running of Stone Horses att
Large. ^The 10*h, The Law about attachments ds Sumons.
All which wer by the Lt. Governo' and Council approved of.
Then y8 Lt. Governo' desired John Hill de Wm. Rodeney to ac
quaint the Assembly that Hee and Council waited *for ym. The
Assemblie appearing, ? ' '
The Go' desired the Secrie to read over all the sd ten bills, w,ch '•
hee did ; and then underwrote each bill in these words, viz : The
18"" day of May, 1699. This bill being three, times read, was as
sented to by the Lt. Go' de Council, and then the Go' past ym all
One after another, by affixing yrto his hand, ds Seal of y8 province.
Then the Lt. Go* ask't both Council de Assembly whether they
had prepared anie other bills for his assent, or whether they had anie
other bussines for this time, who answered No. Then the Lt. Go'
said: Gentl, I do dissolve you, de you are hereby dissolved.
The end of the Sixth sessions of Council de Assembly.

[1" January, 1699-700.
Att a Council Held att Philadelphia die Luna?, Is' January, 1699-
1700. present : i
WM. PENN, pror de Gbverno', et ysdem ut antea, except Wm.
Biles, The pror ds Go' Having proposed to y8 Council the necessitie of
calling a genrll Assembly, qrin to take further measures for pre
venting ds suppressing piracie 8s illegal trade ; And- after some debate
yron, Hee desired ym to consider of it, Si to be readie next Council
to give him yr best advice yrin.
The pror ds Go' also proposed that there might be a certain day in
y8 we'eke fixed to hold Council on.
Resolved y' y8 Council meet on y8 4" day of each week, 10 A. M.
ds oftener if occasion be.
Adjourned to 3d instant.

PROVINCIAL COUNCIL. 543
3d January, 1699-700. »
Att a Council Held att Philadelphia die Mercury, 3d January,
1699-700. PRESENT :
WM. PENN, pror. and Goverho*.
Sam" Carpenter, David Lloyd, Wm. Clarke.
Edward Shippen, #
The pror. ds Go' acquainted the Council y' hee had re'd. from Rt.
Turner, G' Jones, Fr. Rawle ds Jos. Wilcox, a pap. directed to Wm.
Markham, Late Lt. Go*, qrin they complained to him y' by ye Late
frame of gqjHn' they had been deprived of the benefit of y" old Char
ter, Wheron it was thought convenient y' they, in Name of ymselves
de others, might be heard befor y8 board.
Ordered y' y8 Mess* acquaint sd psons, in name of ymselves de
others, to appear befor y8 Go* de Council y8 4lh instant, Hora 10, A. M.
Adjourned to 4*1 instant.

4th January, 1699-700.
Att a Council Held att Philadelphia die Jovis, 4*1 January, 1699-
700. PRESENT :
WM. PENN, pror. 8s Go', et ysdem ut antea.
Accordingly ye sd 4 psons appearing, & after a Long conference
with ym, The pror. ds Go' desired y' by to-morrow morning they
wold deliver to him in writting, such expedients y' might be an acco
modation between y8 old charter de the Late frame.
Adjourned to 5th instant.

S" January, 1699-700.
Att a Council held att Philadelphia die Veneris, 5" January, 1699-
700. PRESENT :
WM. PENN, pro' de Go', et ysdem ut antea.
The sd 4 psons again appearing, To whom y" pror. ds Go* having
resumed y8 substance of what had yesterday past, &z having advised
y members of Council &i ym to peace 8s moderaon, Hee admitted ym
to a friendlie conference.
then y8 sd 4 psons desired y8 sd paper wch they had formeriie pre
sented to y8 Late Lt. Go' as y' agrievance, & to y8 pror. & Go' since

544 MINUTES OF THE
his arrival, whsrein was Contained y8 substance ofy' objections ag'
ye late frame, might be read, which was done by y8 secrie ; as also a
--copie of a Lett' from R' turner, Gri. Jones, Fr. Rawle ds Ar. Cook, of
9'" 2dmo. 1697, to y" pror. ds Go'; which was also done. The sd 4
psons also delivered to y8 pror. Ss Go' a pap. of 5*h instant, in ans' to
his yesterday's proposal, desiring it might be read; wch was done.
The substance qrof was, That psuant to y8 pror. ds Go™ proposal
yesterday, they were humbly of opinion, y' if hee wold be pleased to
ca%se bs sleeted on 10'° March next, such members for repsenta
tives for Council ds Assemblie, as is prescribed by the Chart' hee
formeriie granted ym, who might Conveen accordinglie, 8s together
wt himself, Settle y8 govermt in such manner as to him de ym (or att
Lest to 6 pts in Seven) should seem expedient, y* such settlement will
be most satisfactorie to the well effected, who, they reasonablie hope,
will, wt ymselves, peaceablie Ss joyfullie acquiesce yrin, ds wch is
Humblie offered to y8 Gor's prudent consideraon.
After much debate yrupon, The Go' caused the Secrie read a Lett'
.from y8 Lords Justices, Viz : Tho' Cantmars: pembroke : p: Lonsdale,
p : Devonshire, Bridgewater, Marlburrough, Montague, directed to y8
pror. 6s Go' of y" province of pennsilvania, dated 25"1 July, 1699.
The substance qrof was particularlte to require him to be verie Carefull
in Causing ths acts of trade Ss navigaon to be dylie putt in execuon
wtin his matjes dominions, undr his govrmt, ds that in order yrto, Hee
faill not to give Constant protection ds all due encouragm', not onlie
to the officers of his Matjes Customs, but to those also of y8 Admi
ralties, wch his Matj. has thought fitt to be there erected in the dis
charge de execuon of yr rexive duties, as hee will ans' the Contrary.
Then ye pro' ds Go' said, that hee hop'd they are now all sensible of
the emergencie de necessitie hee was und' of calling an Assembly
forthwith, qrby hee might the better complie wt the Lo's justices
comands, ds with the promises ds assurances hee had given ym att
his Last parting w' ym, to use his outmost endeavour to maintain de
support the king ds Crown of England's just interests, de to give true
protection &i encouragm' to all his officers, ds to discourage, piracie
ds illegal trade. The sd 4 psops declared ymselves satisfied with
the emergencie &i necessitie of calling an assemblie forthwith, to the
ends aforesaid ; but as to y° mannor, whether by writt or otherwiseJ
they Left that to the prudence ds discretion of the Go' and Council.
Adjourned to y8 8a instant.

8a January, 1699-700.
Att a Council Held att Philadelphia die Lunre, 8*b January, 1699—
700. PRESENT :
WM. PENN, pro' ds-Go', et ysdem ut antea.
pursuant a minute of Council of 1'* instant, y8 pror ds Go' desired

PROVINCIAL COUNCIL. ' 545
the Council to give, him yr opinion about calling an Assemblie for y*
ends in y8 sd minute menoned: Itt was Resolved, That y8 gn" ass.
meet att philad. 25'b instant, ds y' a writt be issued directed to the
sherif of Newcastle Countie, to choose repsentatives : 2 for Council
ds for ass. who, y" tenth March Last, omitted to make an election;
And y' y" secry give notice hereof by an express, to y8 Sheriffs of
y8 other 5 Counties, to acquaint yr repsentatives to appear accord
inglie ; Saving to y" pror Ss Go* y8 same power hee% had before y"
enacting of y8 Late frame of governm'. , ^
Adjourned to 24'h instant. n

[24* January, 1699-700.
Att a Council Held att Philadelphia die Mercury, 24a Januarie,
1699-700. FRESENT :
WILLIAM PENN, pror. de Governo'.
Sam" Carpenter, David Lloyd, Wm. Clarke.
Edward Shippen, Caleb pussey,
The Mess' ofthe Council acquainted ym that Coll. Quarry desired
admittance ; wch being granted, Hee desired Anthony Morris might
be called befor hee spoke, wch was done. Hee appearing, Coll.
Quarry said, That in the pror. de Gor's absence, many abuses had
been Comitted, (qrof hee was in duty obliged to Complain home,
but was glad to see him since his arrival discountenance y8 same,
and provide better agt y" like for the future,) ds y' goods that had
been imported Contrarie to ye Laws of trade, had been seized by the
king's Collectors, ds put in his majes store, and y' before trial, An
thonie Morris signed a writt of replevin, qrby the sd goods wsr for-
ciblis taksn out of the sd store, ds outt of the power of the1 Court of
Admiraltie, 8s what came of ym the sd Anthonie best knew. That
this his action, was no Less then to Question whether his Matte or y8
sd Anthonie has most power. The act of. parliam' is for us, ds hee
cannot pretend ignorance, having been so Long a Justice y' hee be
came verie insolent, Si by this his action, hee has affronted y8 king,
(what in him Lay,) ds has broken his Laws ds- invaded his privi
ledges de Courts, And yrfor, desired the pror. de Go' wold order y8sd
Anthonie to restore y8 said goods into y8 power of the Admiraltie
again, ds y' securitie had been taken by y8 sherif for y8 value of y8 sd
goods, according to appraism', ds y' the Security refuses to pay y*
monie, (de y8 Sherif y' took y" bond is now Laid aside,) de y' it is
unreasonable y' y8 king should be putt to y8 trouble ds charge of a
sute to recover the appraised value of y8 sd goods, (wcb sd An
thonie had illegallie taken away out of y° king's store.) Therfore,
desired his Hono' de Cbuncil, to think of a method of prosecuting sd
Anthonie for y8 sd violaons, Si to make goody8 sd apprised value of
y sd goods to y" king. 46*

546 MINUTES OF THE
The sd Anthonie made ans', that his signing the sd replevin was
an act of ignorance, ds not of malice ag' y8 king, his Laws Ss officers,
y' hee was psuaded to it by advice to; ymay' knew y Laws, de yrfor
hop'd y' wold excuse him, who had no-benefit by nor interest in y8.
goods nor yr owner; de as for y apprised > value, Hee knew nothing
of it, but believed ye securities wer responsible, ds y1 it Look't verie
hard y' any Justice should suffer for an error in Judgment; ds further
added, that if it were to do again* hee woldnot do it.
, Then the Go' told Coll. Quarry y' care should be taken to secure
y* apprised value of sd goods to ye king, ds his officers, wtout either
trouble or charge, Ss if hee was not satisfied wt Anthony Morris's
being outt of Comission of the peace, Ss wt his psent submission,
Hee might propose in writting what other satisfaction hee expected,
and it should be considered of. To wch Coll. Quarry made ans', y'
hee had no psonal animositie ag' M' Morris, Ss y' for his pt hee was
well satisfied wt y8 pror. Ss Gor's promise, & Mr Morris' submission.
Adjourned to 14th February,, 1699-700.

14"' February, 1699-700.
Att a Council Held att Philadelphia die MerGUry, 14? Febry,
1699-700. PRESENT :-
WM. PENN, pror. and Governo'.
Sam" Carpenter, David Lloyd, Wm. Clarke.
Edwd Shippen,
Upon Complaint of y" poor ag'. y8 bakers of bread for sale not being-
of the Law" & due assize, Justinian Fox, Jn" Sawtell, Arthur Holton,
Wm. Royal, Geo. Abbiott, Maris Msrryweather, Tho. Hall Ss Hugh
Derburrow, being sumoned appeared, to whom the Go' notified y* sd
Complaint; Who generallie ansred, y' tho' it was hard for ym to
Live by itt, wheat being. now 5' 6d p. .bush., & y' they< having but
smal stocks wer outt-bid by the eminent merts de bolters; yet hoped i.
y' bread was of y8 due assize.
The pror. Ss Go' advised ym to be conformable to y8 Laws in that'
behalfe made, Ss said hee wold' appoint a Clark of y8 market to y'
end. The pror. proposed Wm. SoutHhtes Clark of y8 market ; y* Coun
cil approved itt.
Randal Spikeman, Arthur Starr Ss Jn" Heatb,..tobacco cutters in
philad. upon notice given ym, appeared, whom . y° pror. 8s Go' ac
quainted of a Law Latelie made to prevent frauds in trade,. pticularly
tobacco, ds desired ym to beware ds keep a just accot of y8 quanti
ties of tobacco they sold Cutt, 8s for whom, both for. exportaon de
retail, ds to give him accot yrof when required, which they promised
to do.

PROVINCIAL COUNCIL. 547
Upon reading y* petion of y8 Late ass. to y* pror. & go*, to appoint
a treasurer in room of Ja. fox, deced, The pror. & Gor did appoint
Sam"*Carpenter to be treasurer for y8 province de territories, Hee giv
ing securitie to execute itt.
Adjourned to 15th instant.

[15"1 February, 1699-700. *
Att a Council Held att Philadelphia die Jovis, 15" Febry, 1099-
700. PRESENT :
WM. PENN, pror. & Go', et ysdem ut antea.
Upon reading y8 petion of Wm. Houston to y" Go* de Council,
setting forth, That Edwd Gibbs, Late Sheriff of Newcastle Countie,
having arrested one Tho. Collins, att y8 Complainants sute, did take
bond for said Collins' appearance ds abiding y" Judgmt of Court, y*
Collins did not appear, qron sd Houston gott Judgm' ag* him, de by
ord' of Court, had y8 bail bond assigned by y8 Sherif, wch sd Hous
ton putt in suit agt Georg Lamb, one of Collins' bail, who att Court
pleading the razures & interlineaons of sd bond, It was adjudged void
in its self ; upon wch y8 per. sued sd sheriff 8s was cast, <Ss appealed
to y" provincial Court, .where he was also cast ; That y8 petr repsent-
ed y premises to y8 Lt. Go* Ss Council y8 16,h May, 1699, who gave
yr opinion y' y" per. might sue y8 bail again upon y8 sd bond, y8 same
not being Legaliie vacated by y8 sd Judgm'; That y8 per. in, August
Last putt y8 bail bond in execuon de suit ag' sd Lamb, who having
pleaded y8 former aeon in barr, the Court gave Judgm' ag' y8 per.,
viz' : y' y8 said action discontinue, wheron y8 sd per. craved an appeal,
wch y Court refused to grant de wold no further hear him. As also,
setting forth y' forasmuch as it appears not by y8 record whether y8
razures wer before or after y8 sealing 8s deliverie of y8 bond, nor
whether it was razed or interlined in anie essential part, neither was
•' y razure tried by a Jurie, as y8 per. is. advised it ought to have
Been ; ds in as much as y8 same justices that allowed y8 assign' of y8
bail bond, did vacat the same, ds afterwards discontinued the petrs.
action ds refused him an appeal, qrby hee is Left remedie Less ; And
yrfor, requesting such relief in y8 premises as to justice and. equitie
shall appertain.
Which petion Si paps, relating yrto having been read, and Con
sidered by y8 Go' ds Council, who yrby finding y8 per. to be left
remedietess by y* Courts not granting him an appeal, ds Like to be
, defeated of his just debt,
Itt was yrfor resolved y' y8 pet' may de novo, enter his aeon upon
y8 bail bond ag* y8 sd Geo. Lamb, Si y" other psons yrin. bound, Ss
y' the validitie or invalidity of sd bond, as to y8 razures ds interli
neaons,. be tried by a jury att y8 Countte- Court of Newcastle.

548 MINUTES OF THE
The pror. ds Go' proposed to y8 Couricil y ' hee intended to Issus
his writts for calling next Council ds ass. in a charteral way as to
the numbers, viz : 3 out of each Countie for Council Ss six for AsS.,.
Ss desired yr advice yrin ; After debate yron, the further consideraon
yrof was deferred to next day.
Adjourned to 16th instant.

[16*" February, 1 699-700.
Att a Council Held att Philadelphia die Veneris, 16*' February,.
1699-700. PRESENT :
WM. PENN, pror. de Go', et ysdem ut antea.
The pror. ds Go' did again propose y" former intentions, Ss it was
y8 Council's advice y' Hee Issue his wtts to call y8 Council ds Ass.
Charterallie, both as to time de numbers of repsentatives, in ord' to
prepare ds propose Laws, as hath'been formeriie accustomed.
Adjourned to 601 March next.

l&" March, 1699-700.
Att a Council Held att Philadelphia die Mercury, 61b March, 1699-
700. present:
WILLIAM PENN, prop' and Governo'.
Sam" Carpenter, David Lloyd, ' Caleb pussey. ;;ft
Edw3 Shippen,
The pror. ds Go' read to y8 Council Secrie. Vernon's Lett' about
sending Home y8 pirats, as also y" Earle of Bellemont's enlarging
yron : after several debates about y8 time ds manner of sending home
dr. Brandingham de David Evans, prisoners here, Itt was y8 opinion
of y board y' y8 Governo' write to y8 E. of Bellamont again about,
ym, ds to his deputie Nanfan, att N. York, qther they will send
for ym & yr treasure with a guard, or qther they must be transport
ed from this place to Newyorke.

[5ft April, 1700.
Att a Council Held att philad. die Veneris, 5* April, 1700.

PROVINCIAL COUNCIL. 549
present :
WM. PENN, pror. de Governo'.
Joseph Growdon, Griffith Owen, Jn" Donaldson,
Wm. Bites, David Lloyd, Jasper Yeates,
Rich" Hough, Caleb pussey, Sam1 Preston,
Sam1 Carpenter, Jn° Simcoke, John Hill,
Edwd Shippen, Riehd Halliwell, Tho. Fenwick.
Upon reading the petion of Henry Hay ward, ag' Anthonie Morris
ds Sam1 Richardson, Justices of y8 peace?* for philad. Countie, Hee
was ordered to attend att 4 p. m., de ordered y8 mess to acquaint y8
Justices yn to attend also.
Upon Reading y8 petion of Susanna Harwood, widdow, setting
forth y' her husband Wm. dying intestate, Left bebind him 3 smal
children, .qch shee is in no capacitie to bring up but by a retail shop,
wch requirs a greater stock than shes has to support it, unlsss a
Lott in 2d street in philad., with a small house yron unfinished, may
be by. her sold, to raise monie to pay her husband's debts, Carry on
her trade, to maintain ds support her children ds familie; ds yrfor
Requesting ym to allow de permitt her to sell y8 sd house for y8 ends
aforesaid, the Go' ds Council do grant y" wtin petion, upon securitie
to be given by y8 per. y' y8 sd children shall have y* proporon of y8
fathsr's estate forthcoming to ym after his debts are paid. , Sam"
Carpenter offered to be her securitie, who is her securitie in y8 office
for her administring on her deced Husband's estate.
Adjourned to 3 post merid.
Att wch time y sd petion of Henry Hay ward being again read, and
y" record of his misbehaveor ds Comittm' having been produced by y"
'Clark of y8 Countie Court, Hee denied y8 sd record, de undertook to
produce his wittnesses y' hee had not offended in mann' yrin con
tained; de y next Wednesday was assigned him for his de y8 Justi
ces, ds His wittnesses attendance.

[12"" Aprill, 1700.
Att a Council Held att philad. die Veneris, IS* Aprill, 1700.
present:
WM. PENN, pror. ds Go', et ysdem, except Jasper Yeates.
The pror. de Go' acquainted y" Council y' hee had. Late intelli
gence y* Wm. Orr, Geo. Thompson, peter Lewis, Henry Stretcher de
Diggerie Tenny, inhabitants of y8 town of Lewis, in Sussex Countie,
had gone on board Capt. kidd, y8 privateer, (who in Julie last Lay
some days before Cape Henlopen,) and had Corresponded w' him,
de received from him de his crew some muslains, Calicoes, monies

550 MINUTES OF THE •
ds other goods wch wer East India, ds prohibited goods, de y* they
had brought ym on shore, hid, sold ds given away most of ym, wtout
acquainting y8 govrmt or y8 king's Coll' of y8 port of Lewis w' y"
same, wch hee Look't upon to be, if not piracie, att Lest Confederat
ing w' ym, Ss accessaries 81 promoters of, illegal trade, ds yrfor de
siring y8 Councill's advice yrin.
Itt was the opinion of the Go' ds Council, That  Lawman,
Collector of port Lewis, should be attested as solemnlie as if he took
an oath, to declare the truth as farr as hee knows in y' matter, ds y'
yrafter y8 sd psons should be examined one by one, Concerning y8 sd
Crime; wch was done, 8s y' examinaons are on file.
Upon reading y8 petion of Luke Manlow, setting forth that att kent
Countie Court 12th March Last, hee was psented for feloniouslie taking -
a Heiffer in March, 1696, ds was Comitted de tried wtout his evidence, ,
de dented imparlance to y8 next Court, ds Cast as a fellon, de y' hee
honestly pchased sd Heiffer, 8s is now furnished wt evidence to prove
y same. And therfore, Requesting an ord' to y8 Sheriff of sd
Countte to forbear execuon of any Judgmt in y' casse, ds lo grant
him a rehearing att next Court for sd Countie.
Ordered y* y8 per. have a rehearing yrof next Quart' ss. for sd
Countie, ds y' Wm. Wilson, sheriff yrof, desist from executing any
writt or warrant of execuon issued, or to be issued outt ag' y" per on
sd Judgmt, att his perrill, 8s y' y8 per. intimate this ord' to him.
Adjourned to 1 3" instant.

[13th April, 1700.
Att a Council Held att philad. die Sabathi, 13"1 April, 1700.
present :
WM. PENN, pror. 8s Go', et ysdem ut antea.
The pror. &; Go' desired the Council to advise him what was fitt to
be done w' sd Wm. Orr #¦ others, in ord' to y' trial S/ punishm'. It ,
was y8 unanimous opinion of y8 Council y' they be comitted fy deliv
ered up into y" hands of the Court of Admiraltie, in ord' to y' trial, 5/
y' Jn° Moore, deputie to Coll. Quarry," Judge yrof, be sent for Sr ac-
quainted yrwith, 5/ y' his advise be taken yrin. Upon notice given;
hini Hee appeared, ds y8 pror. ds Go' acquainted him y' hee had sent
150 miles for sd psons, y' they wer come att y8 province charge, ds
had been examined before him ds Council 8s Comitted Close prisoners,
ds y' itt was y' opinion y' hee, as-Coll. Quarrie's deputie, be acquaint
ed ds consulted about the manner of y' trial. The sd, Jn° Moore
made ans' y' hee was but deputie, ds y,8 thing new to him, but assured
ym y' Coll. Quarrie wold be in town in a few days, Ss yn they wold
take measures for y' trial, ds y' it was not fitt to be precipitant yrin.
To wch yB Go' 8s Council acquiesced. ,
Adjourned to 15!" instant.

PROVINCIAL COUNCIL. 851
[15th Aprill, 1700.
Att a Council held att philad. die Luna?, 15"" Aprill, 1700.
present : *
WM. PENN, pror. Si Go*.
Edward Shippen, John Donaldson, Sam"J>reston,
Griffith Owen, Tho. Bedwell, Tho. fenwick.
David Loyd, John Hill,
..'. The pror. de Go' acquainted y8 Council y' by warrt hee had Co-
rmanded the sherif of kent Countie to bring hither one James Brown
who came home wt Capt. Averie to providence, who brought him up,
8s was examined befor ym 12th instant, 8s was now prisoner in this
Countie goal, Ss desired to be advised by y8 Council whether to take
bail for his appearance, nr to send him hence to England by y8 first
opportunity, or to send him to Boston in New England, to ye Earle of
Bellomont, in obedience. Itt was y8 Council's opinion y' hee be sent
to Boston, to y" Earle of Bellomont.

[25'h June, 1700.
^^Att a Council Held att philad. die Martis, 25'" June, 1700.
PRESENT :
/SLlkM PENN, Proprietor and Governour.
0/ The pror. ds Go' sent y8 mess' ofthe Council to Call Edward Ship-
pen, Sam1 Carpenter, Jn" Moll, Robt. turner, Gr. Owen, Wm. Clark,
Caleb pussey Ss Joseph Growdon, to attend him att his house. Ac-
|cordinglie Ed Shippen, Sam1 Carpenter, Jn" Moll, Wm. Clark de Caleb
ij pussey appeared. The pror. ds Governo' acquainted ym y' since the
Charter was delivered up again to him, it was not fitt hee should be
Ijwtout a Council, y* y'for hee had made choice of ym to be some of his
Council, &l yrfor desired ye secrie to ready8 Qualification prepared for
ym to sign ; wch hee did, &." sd psons signed y8 same Ss took place
att y8 board; also; Rob' turner appeared ds was also qualified. .
j ,; Adjourned to 26lh instant.

[26"' June, 1700.
Att a Council Held att philad. die Mercury, 26"' instant.
present :
WM. PENN, pror. ds Governo'.
Edward Shippen, Wm. Clark, R. Turner.
Sam1 Carpenter, Jn" Moll,
Griffith Owen appearing, signed y8 qualificaon aforsd ds took his

uace.

552 MINUTES OF THE
The pror. 8s Go* delivered to y8 secrie a Comission under y' great
seal of the province, appointing one Thomas Storie kssper ofthe great
Seal Ss M' of the Rolls,' to- be read ; wch being done, y8 pror. & Go'
delivered him y8 sd seal de admitted him a member of Council, who
signed y" sd qualificaon, de took place.
Resolved y' y8 Council meet everie 4*° day ofy8 week, y8 att Govr's
house, att 9 in y8 morning, ds oftener, as hee should give ym notice.
Adjourned to 1" July, 1700.

[1" July, 1700.
Att a Council Held att philad. die Luna?, 1"' July, 1700.
present: ,
WM. PENN, pro* and Governo'
Edwd Shippen, Wm. Clark, Thomas Storie.
Rt. Turner, John Moll, "¦
' A
Upon reading the petion of Sarah Gibbs, widdow, setting forth y'
Her Husband Latelie dyed, Leaving her much in debt; ds the charge
of a sucking child, ds having nothing wherwt to pay y8 sd debts but y"
shell of a smal house, unfinisht, &v a Lott valued att 50£, and yrfor,
requesting y8 Go' ds Council to allow, permitt, de authorize her to make
sale yr'of> towards y8 defraying of sd debts, educaon of sd infant ds her
support, according to the Laws and Customs of sd province. Wheron
Rt. turner signified y' y8 sd allegaons wer true, y8 circumstances qrof
being to him well known. ,
Itt was yrfor Ordered y' sd Sarah Gibbs be pmitted, allowed ds
authorized, de is hereby by y8 Go' de Council pmitted, allowed & au
thorized, to make sale ds conveyance to anie pson qtsoever, ofy" sd
house ds Lott, wt its improvments and apptenances, ds to ym ds y' ,
Heirs ds assigns for sver, towards y8 defraying of her just debts, y*
educaon ds maintainance of sd infant ds her owne support, according
to y8 Laws de Customs of sd province, to Hold to y8 sd pchasers yrof
de y' heirs ds assigns, ds to y use ds behoofe, in fee simple ds estate of
inheritance forever. Itt was unanimouslie agreed ds assented to hy y8 J
Go' de Council, that  be appointed ds is hereby authorized dsim-
powered to go round y8 town with a small Bell in ths night time, to give
notice of y8 time of the night de the weather, ds if anie disorders or
danger happen by fire or otherwise in the night time, to acquaint "the
Constables yrof.
Ordered y' y8 Secrie give notice to Benj.Chambers ds — .  powell,
keeprs of y8 ferries over Skuilkill, y ' they do not, after day Light is shutt
in, transport ante psons y' if not well known to ym, or y ' cannot give a
good accot of ymselves. >
Itt was by y" pror. ds Go' proposed to the Council to consider how
y8 law about prisons being workhouses should be effectuallie put i%j
execuon. '-'.i

PROVINCIAL COUNCIL. 553
Upon reading the memorial of Wm. Southbe, Clark of ye market,
to Go' Ss Council, about rules to be made for regulating y8 market of
Philadelphia de bread assize,
Ordered y8sd Wm. Southbe in y8 meantime discourse y8 bakers
about y8 assize of bread, Ss y' hee, w' some of ym, attend this board
y8 3d instant.
Adjourned to 3d instant.

[3d July, 1700.
Att a Council Held att Philadelphia die Mercury, 3d instant.
present:
WILLIAM PENN, pror. and Governo'.
Edwd Shippen, Robt. Turner^ Wm. Clark,
Sam" Carpenter, John Moll, H-lCL\ Tho. Story.
prorik
Wm. Southbee ds some of y8 bakei leared wt y' bread, wch
being weighed was found too Light. In t. fe they affirmed y' if they
came up to y8 assize they could not Live Itt, wch was y8 general
opinion ofthe Council ; And y'for, it wasr %ed by y8 Go' 8s Coun
cil y' each baker should bake but 3 sorts oft. lid '-.': white, wheat-
en ds household, ds no more, ds yt the LoavesfV % e a pennie Loaf
or roll, a 5d Loaf & a 10d Loaf, ds no other ; SsSSl of these should
exceed the assize in finnes or weight, It should bej^ lie seizable as
if it wer und' the finnes or weight, Ss y* each Baker -soft bread be
allowed 6d on y bushell above y8 assize, i. e : when v _;eat is att 5'
p. bush, they shall make y' bread as if it wer at 5S 6d, & wheat being
now 5S. p. bush, y8 sd white bread shall weigh siz oz; the wheaten
10. oz, 8s y8 household 13 oz ds |, ds so proporonablie.
Adjourned to 5 post meridiem.

Att wch time, Joseph Growdon appearing, subt. y" qualificaon and
took his place.
The pror. ds Go' caused the secrie to read y8 orders, Rules & Re-
gulaon y' wer made for y8 market att philad. y8 1" 8br, 1693, wch
was done; de after some alteraon in y8 sixt article, they ratified y*
same Ss ordered y8 secrie to ingross ym in these minutes, ds to give
Copie yrof to the Clark of the market, by him to be executed wt as
much discretion as hee could, and y8 sd regulaon stands fair on y*
said minutes y8 sd 1"' 8br, 1693, to wch referr consisting of 9 arti
cles, qrof y8 sixt is That no Hucksters (or psons y' sell again) shall
buy or cheapen anie of the aforemenoned provisions untill y8 second
ringing ofy8 Bell, upon forfeiture ofy8 same Ss 6d s to y8 poor, & | to
y" Clark ofy8 markett. 47

554 MINUTES OF THE
Upon reading the petion of Catherin Vandeveer ag' Cornelius Emp
son, Ordered y' y8 secrie by Lett', acquaint y* sd Cornelius therwith,
ds that Hee send him Copie of sd petion, and y' hee appear before y8
Gor ds Council the 17th instant, to make answer to y* same.
Adjourned to 10"' instant.

10"* July, 1700.
Att a Council held att philad. die Mercury, 10*" July, 1700.
present :
WM. PENN, pror. de Governo*.
Upon reading the petion of James Streater, setting forth that in
1686 hee sent hither a' man de his wife bound to him for 4 years, y'
y8 woman died att sea, ds y8 man soon after hee came hither, y1 wt
ym hee sent a boy bound to htej for 3 years, ds about 40£ et in goods,
to take up his Land ; y' jfi'J^Julervant man made a will de gave y*
pers. servant boy, Edw^Jnn M,s, his time de all y8 sd goods, & y' y8
boy concealing y' hee w*n 0ff ant to anie other than y8 pers. man, Jn"
Honnet, The Court bodLj jut y8 sd boy to Jn° Redman, Bricklayer,
for 4 years, who choojiv;r!.n for his guardian, who administered on
y8sd pers. goods, aPPJun£i',at 38£. 4s. &7d, ds some of ym at an under
value. That ye peiji^Jote to Wm. Clayton about itt, who told sd
Redman y' y8 sd gowbt ds boy wer ye pers. Si y' sd Redman had y'
pers. writtings in JK bands, wch hee latelie hath delivered to him, ds
y' sd Redman ds James have ye sd goods between ym, or y8 value of
ym, ds y' said Redman hath said hee. will never pay y8 per, ptending
hee hath paid y8 sd James, who says hee has received but 9£, ds y' sd
Redman sold y8 sd James to one Freeman for 201, ds paid himself wt
201i of his goods, and yrfor desiring Justice. The per. produced
Indres. for said John ds Martha Honnets, und' y' hands ds Sealls, as
also the nuncupative will of y8 sd Jn°. as it stands recorded in y8 office
of probate of wills, dsc. de an obligaon undr y8 hands ds sealls of Jn"
Redman ds Wm. Freeman, his suretie, to admr the estate of sd Jn8, &
an Invrie.
Ordered y' Sam Carpenter speak to sd Redman about the said pe
tion, &z to know of him whether hee will Leave it to y8 decision of
men. The inconveniencie of the goales stapding where it now does, and
y8 removal yrof to y8 place purchased for y8 same in 3d street, being
moved to y8 Gor 8s Council, After some debate yrupon, The Gor Ss
Council appointed Edwd Shippen ds Wm. Clark to go to y8 inhabit
ants adjacent to y8 prison, ds to see what they & others will advance
beforehand (to be deducted outt ofthe next County tax to be Laid for
building a Court house) towards removing y8 sd goal &. Brick, wall.
Adjourned to 17'" instant.

PROVINCIAL COUNCIL. 555
[17* July, 1700.
Att a Council Held att philad. die Mercury, 17"1 instant.
present :
WM. PENN, pror. de Governo'.
Edwrd Shippen, Jn" Moll, Tho. Story,
Sam" Carpenter, Robt. Turner, Gr. Owen.
Wm. Clark,
Sam" Carpenter Reported y' hee had discoursed sd Redman about
Ja. Streater's complt ag' him ds Edwd James, who told him y' hee was
ready to justifie himself before y8 Go' ds Council.
Upon reading again y" petion of Catherine Vanderveer as' Corne
lius Empson, who, according to an order ofthis board y8 3d instant,
appeared, and after a full hearing ds inspection of all y° old & new
pats, ds all witnesses on either side, both viva voce ds affadavilts, ds
of all their draughts to ym produced, The pties att Last wer willing
to stand to Ss be Concluded by y8 report of 2 able surveyors, that
should be appointed by y8 Go* Ss Council to view y8 sd Lands, lines
de bounds, att y' charge. The Gor promised to appoint 2 such sur
veyors. .
Adjd to 24*b instant.

[24*h July, 1700.
Att a Council held att philad. die Mercury, 24th instant.
present:
WM. PENN, pror. &z Go', et ysdem ut antea.
Jn" Redman ds Ja Streater, according to appointmt of last Coun
cill, appeared, ds sd Jn" being fullie heard in his owne justificaon, to
y8 satisfacon of sd James & Go' de Council, yet sd Jn° being sensible
ofy8 Loss sustained by y8 sd Streater, offered in y" spring to pay him
51i, in Consideraon of y8 advance y' might have been made on y8 sale
ofy8 sd goods ; And y" Go' de Council Left sd Streater to his remidio
att Law ag' sd Edwd James, who had y8 whole de sole benefit of sd
Streater's goods.
Adjourned to 31*' instant.

[31"' July, 1700.
Att a Council Held att philad. die Mercury, 31 * instant.
present :
WM. PENN, pror. 8s Governour.
Sam1 Carpenter, William Clarke, John Moll.
Edw" Shippen,

556 MINUTES OF THE
Upon reading the petion of Eliz Sanders, y8 widow ds admrix of
Jn" Sanders, deced, setting forth that qras hee by his last will Si tes
tamt of 21 7br, 1699, after paymt of his debts ds funeralls, bequeathed
y* rest of his real and psonal estate to sd Eliz during her widowhood,
but if shee should again marry, yn y' one half yrof be putt into y8
hands of Edwd Shippen &i Nathan Stanburry, exers yrof, to be put to
interest, Ss to be equallie divided between his children att y8 age of
21 years ; And also setting forth, y' qras y8 sd exers having renounced
y8 sd office of exership, shee administered on his estate Cum testando
annexo, & exhibited inventarie yrof, amounting in the whole, both
real ds psonal estate, to 5191i 19s 6d ; as also setting forth, y'qras y8
sd Jn° att his decease owed 1741i, wcb when paid yr will be remain
ing in her hands onlie 8511. 19s 6d, ofy8 sd psonal estate; And also
setting forth, that by y8 Laws ofthis govermt about Testates ds Intes
tate's estates ds y8 sate of y' Land by y8 widow or admr, Itt is provi
ded y' after all debts are paid, the residue, if anie be, of y8 testator's
psonal estate, shall be by y8 exers divided according to their Last
wills; And also setting forth, y'by y8 sd will it evidentlie appears that
the Testator's design & iutent was y ' y8 one half of his sd clear estate,
viz: both real Si psonal, should be putt to interest, ds be equallie divi
ded between his sd children, att y8 age of 21, wch can not be done
unles y8 sd real estate, or some part y'of, be sold ; And also setting
forth, that qras y8 sd psonal estate is not sufficient both to pay y8 sd
debts Ss to keep in repair y8 dwelling house ds fences, & y8 plantation
de house yron, ds to bring up, educate 8s maintain 3 young children,
Ss to support y8 per, ds to improve y8 sd estate to the best advantage,
and y' y8 sd Jn° died ptlie testate 8f ptlte' intestate, And yrfor request
ing y8 Go* S/ Council to allow, permitt Sr authorize y8 per. to make
sale ofy8 sd real estate towards the defraying of the sd debts, y8 edu
caon 6s maintaining y8 sd 3 children 8s her owne support, and y8
per. is willing y' the one half yrof shall be putt outt for sd children's
use to interest, according to y8 sd will ds y8 Laws ds Customs of this
province, Ss y' shee may be Impowered ds authorized to make title to
a Bank Lott ds house sold by her Husband in his Life time, to the pur
chasers yrof. And y8 sd petitioner having made outt to y8 Go' d/
Council y8 allegaons in sd petion mentioned,
It was ordered, That shee be pemitted, allowsd ds authorized, ds
is hereby by y8 Go' St Council pemitted, allowed Ss authorized, to
make title, sale and Conveyance to y8 sd bank Lott &z house yron
built, wch by her Husband before his death, was sold to  , as
also of such other her sd Husband's real estate, (to wch hee had
right,) wt all y Improvments ds apptenances to y8 pchasers y'of, y'
heirs and assigns for ever, towards y8 defraying of her just
debts, the educaon ds maintainance of her sd 3 children, her owne
support, and the better Improvmt of ye sd estate to y8 sd children's
use, according to will, To Hold to y8 pchasers yrof rexivelie and toy1
Heirs and assigns, by such estate as y8 sd Jn° Sanders held y8 same.
And itt was ordered that y8 sdper. putt outt y8 sd One Half of y8sd
clear estate, ds the half of y8 produce of y8 sd real estate when sold, to
interest, according to y8 direction ofy8 sd will, by y8 advice of Edwd
Shippen de Nathan Stanburry.

PROVINCIAL COUNCIL* 557
Upon reading the petion of George Heathcote ag' Thomas Groves, ds
the records of several Courts, The Go' ds Council ordered y" Secrie to
prepare a Copie of y8 sd petion to be sent to sd Thomas, 8s an
ordr of this board, directed to y8 sheriff of Sussex Countie, to Su
mons y8 sd Groves to attend y* Go' ds Council y8 25'h 7br. next,
to make ans' to y8 sd petion.
Adjourned to la Aug' next.

fT" August, 1700.
Att a Council Held att philad. 7* August, 1700, die Mercury.
PRESENT :
WM. PENN, proprietor ds Governo'.
Edward Shippen, Wm. Clarke, Griffeth Owen,
Robert Turner, Sam. Carpenter, Thomas Storie.
Complaint haveing been made to this board by some of y" mem-
brs of Council, that y8 Late fireing of gunns from on board some
vessells lying before philad. hath not onlie frightened some women
de children, but hath also occasioned some of the Senecar Indians y'
came hither to treat w' this governmt to depart, as believing y8 fire
ing of sd gunns to have been signs of Hostilitie intended ag' ym.
It was yrfore ordered y' no vessells Lying before y8town of philad.
shall fire anie gunns but att coming in & going outt, as a sign
of yr arrival ds depture, ds y1 James Logan give notice to M™ of
vessells of this ordr at their entrie of their vessells in his office.
The Go' also, in open Councill, Informed ye 3 Senecar Indians y'
stayed behind the rest, that itt was the Custom of y° English to
fire gunns as a sign of joy Ss kind entrtainment of y' friends com
ing on board ; 8s was in no manner of ways intended to frighten or
disoblige ym ; as also informed ym, yt they wer Ss should be verie
wellcome to this gov'm', de in token of amitie de friendship wt ym,
y8 Go' gave ym a Belt of Wampum, by ym to be showen to the
other Senecar Indians y' went away upon fireing y8 sd gunns, Which
they kindlie accepted of. The Go' also desired y8 members of Councill
to go on board Capt. Sims' vessell w' y8 sd 3 Indians ds y' Inter
preter, y' they might see y8 manner of the English on board yr ves
sells, wch was accordinglie done, to y' great satisfaction.
Adjourned to y8 14,b instant.

14ft August, 1700.
Att a Council Held att philad. die Mercury, 14 Aug', 1700.
47*

558 * MINUTES OF THE
present:
WM. PENN, pror. and Governo', et ysdem ut antea, Ss John Moll.
Upon reading y* petion of Gilbert Wheeler ag' Edwd Antill,
The Governo' desired y" Council on both sides to argue y8 mat
ter before him Si Council, wch was done; & several paps, wer
produced de read about y" matter in difference. The Gor ordered'
ym to appear again to-morrow morning, in order to a furth' examina-
on ds Hearing the same.
Adjourned to 15'" instant.

[15* August, 1700.
Att a Council Held att Philadelphia die'Jovis, 15th instant.
psent :
WM. PENN, pror. ds Go', et ysdem ut antea.
The Council of Gil. Wheeler 8s Edwd Antill having been again
heaTd att Length, The Go' ds Council appointed ym to appear before
him and Council y" 28Hl:, ds y' hee ds Council wold in y8 meantime
fullie Consider of an answer.
Upon reading the petion of Henry Elfreth ag' Griffith Jones, The
same was referred to y8 Comrs of inquirie into titles of Lands &s
Lotts. Upon reading the petion of Elizabeth Robinson, widdow, ag' y8
sherif of Newcastle ds Jasper Yeates, the same was deferred to y8 28""
instant, being a case unpsidented in this province.
Itt was this day ordered by the Go'de Council, y'the king's High
way or publick road, de the bridges yrin from y town of Philadel- .
phia to the falls of Delaware y' now are, be w' all expedion suffi-
cientlie cut Ss cleared from all timber, trees ds stumps of trees, Loggs,
ds from all other nusances whatsoever y' Ly cross y8 sd way, ds y'
/y8 same, with all passages in ds outt of all creeks de Branches, may
be made passable, Comodious, safe and easie for man, horse, cart,
waggon or team, by y8 rexive o'verseers of the highways ds Bridges
wtin the rexive precincts, townshipps and Counties of Philadelphia
de Bucks, according to Law. And y' y8 respective Courts of Justice ds
Justices of y8 peace in y8 sd Counties, Cause y8 same be dulie pformed, I
ds the Laws in those Cases made ds provided to be strictlie putt in
execuon, und' y8 rexive penalties yrin contained, 8s y' y" secrie take
care to send a Copie of this ord' to y8 Counties of Philadelphia Ss
Bucks respectivelie. ,,
Adjourned to 11th 7br., 1700.

PROVINCIAL COUNCIL * 559
11* Septemb', 1700.
Att a Council Held att philad. die Msrc, ll01 7br., 1700,
PRESENT !
WM. PENN, pror. Ss Governo*.
Sam" Carpenter, Griffith Owen, Tho. Story. '
Edward Shippen, John Moll,
Upon reading y8 petion of Joseph Ashton, setting forth THat the
justices of Philadelphia Countie Having granted a roade Leading to
pemapecca mill, 8s ordered six men of y8 nighbourhood to sett itt
forth, by the agreemt of 4 of y8 six, de y' 4 of ym in y8 absence of
the other two, did sett itt forth to y8 pers. prejudice, ds y' itt may,be
altered without incommoding y8 sd road, as in a draught yrof wt y"
sd petion to y8 Go' de Council exhibited, 8s yrfor Requssting yl y" Go'
de Council wold appoint a road of a reasonable breadth, according to
y8 sd draught, or to appoint psons to view 8s sett itt forth according
to y' discretions.
Rt was ordered y' the said six psons appointed by y8 Countie
Court, do all meet together de Lay outt y8 sd road, both as y" 4 psons
have Laid itt outt, de as it is desired by y8 per. in his draught, 8s y'
they return y8 sd draughts ds courses of both roads, wt yr con ds
inconveniencies, de y" reasons yrof to y8 Go' and Council ye 25""
instant. Upon reading the petion of Henrie Elfreth, ordered y' Griffith
Jones have notics to appear befor y8 Go' 8s Council y8 25"' instant,
with his evidents of his Bank Lotts over ag' y8 blue anchor.
Upon reading y" petion of Eliz" Robinson, widdow, agt the Sheriff
of the Countie of Newcastle 8s Jasper Yeates, Ordered y' sd Yeates
Have notice of sd petion de y' hee appear 25"' instant, ds y' shee be
then heard by her Counsel!.
Adjourned to 12"1 instant.

12'" August*, 1700.
Att a Council Held att philad. die Jovis, 12*° instant.
present,:
WM. PENN, pror. ds Go*, et ysdem ut antea.
Upon full hearing of ye matter in difference between Edwd Antill
8t Gil. Wheeler, who had referred ya same to y° GoT and Council,
The Go' 8s Council Ordered sd Antill to pay to sd Wheeler One
hundred pounds y8 first of May, 1701, & to give securitie for y8
paymt of y8 same, ds that sd Wheeler do forthwith sign to sd Antill
& his heirs and assigns, a deed of sate ds conveyance for y8 mortga
ged pmisses in fee simple 8s estate of inheritance for ever, de y' sd

'September.

560 MINUTES OF THE
Wheeler do live on y8 pmisses to y" sd first of May, 1701, on such
rent as they shall agree for.
The pror. ds Gor. proposed to the Council the necessitie of calling
an assemblie in y8 fall, for revising y8 laws securing proptie, a frame
of govermt Ss support yrof, Si paying y8 debts yrof.
Itt was Resolved y' y8 pror. de Go' do Issue his writts to sumons
the freemen in each Countie to nieet y V 8br., to choose 4 psons
to serve as y* repsentatives in Ass., de to meet att Newcastle y8
14"' day yrof, ds y' ^secrie do forthwith prepare writts for that
end. Adjourned to 10°" 8br., 1700.

10* Octob', 1700.
Att a Council Held att philad. die Jovis, lO*" Octo', 1700.
psent :
WM. PENN, pro' ds Go', et ysdem ut antea.
Henry Elfreth wt Henry flower, his Uncle's exer., wt Griffith Jones,
appeared according to an ord' of Council ll"1 7br., 1700, and having
been fullie heard, y8 finall determinaon yrof was deferred till y" Go'
de Council return from N. Castte.
Adjourned to 1 1*° instant.

ll01 Octob', 1700.
Att a Council Held att philad. die Veneris, ll* instant.
present:
WILLIAM PENN, propor. 8s Governo*.
Sam" Carpenter, Griffith Owen, Thomas Storie,
Edw4 Shippen, Caleb pussey, John Moll.
Humphrey Morrie, upon y8 Gor's. call by y8 mess' of the Council,
ap. subt y8 Qualificaon of a Councellor ds took his place at the
board.  Smith, father to . Smith, now in goal upon susption
of a rape Comitted on  , desired his son might be bailed ;
wherupon the attornie general being heard for y8 king, de David
Lloyd for y8 sd Smith, Itt was by y8 Gor de Council Ordered y1 hee
continou prisoner till y8 pror. ds Gor's return from y8 Ass. att New
castle, to be held there y8 14'° instant.
Adjourned till y" Gor's Return from N. Castle.

PROVINCIAL COUNCIL. 561
?There were many Councils further held att y8 Town of New
castle, and a great number of Laws past w*" the Assembly there,
before J. Logan was appointed Clerk of y" Council, and therefore
he knows not what became of them.

PROVINCE OF PENNSILVANIA ds TERRITORIES, SS.
Minutes of Council in the Assembly, Anno Ri. Rs. Gultelmi terty
Angliae, dsc deeimo.
25* January, 1699--700.
Att a Council Held att Philadelphia die Jovis, 25** January, 1699-
700. present:
The Honble WILLIAM PENN, absolute proprietor Ss Governo' in
Chief of y province of pennsilvania & the Territories yrto be
longing.
Sam1 Carpenter, Caleb pussey, Jn" Hill,
Edward Shippen, phin. pemberton, Rich4" Halliwell,
David Lloyd, Wm. Rodeney, William Biles,
Wm. Clarke, Pat. Robinson, Secry.
The Sheriff of the Countie of Newcastle his Return of a writt
directed to him from y* pror. & Go' for the election of repsentatives
for sd Countie, to assist him in an assembly, to meet this day, was
produced, whereby itt appeared that titer were elected for Council
Rich*8 Halliwell & Rob' French, ds for Assembly John Healy, Adam
peterson, Wm. Guest and Wm. Houston.
Upon reading the petion of Cor. Empson ds Jn" Grubb, in behalf
of ymselves ds others, in number 29, on y8 south & north side of
Brandywine Creek in sd Countie, setting forth, That notwtstanding
y* pror. & Gor, wt advice of his Council, had Issued his writt for
election of 2 members to serve in Council ds 4 in Assemblie, in Ordr
to repair y8 Loss ds disadvantage ye sd Countie had brought ymselves
under by not electing in March Last, yet the pers. have not had the
least notice given ym of any such writt nor time of election, from
any known officer, Ss y1 an election was made att Newcastle y* 20*
instant, by some of the other 10085, & yrfor y pers. have just cause
to say y* such as have been so elected are none of y repsentatives,
& yrfor requesting relief, by allowing ym a free vote & election of
y* Legislators, dec
Wessell Alriches, Sherif of sd County, having been called to ans*
?This paragraph is in the hand writing of J. Logan.

562 MINUTES OF THE
for himself, who appearing, declared y' in his owne pson hee went to
y8 Lower pts ofy8 Countie 8s sent his deputie to y8 upper, Ss y' both
were outt some days in giving notice to y8 people, Ss if there was any
Shortness it was to be imputed to his depty ds not to him, who could
not be in 2 places att once, ds to the shortness of time ds severitie of y*
weather and danger of travelling.
Therafter the Gor acquainted y8 pers that the Sherif should ' be
punish't for his neglect, ds y' nothing was intended to be done this.
assembly but y8 passing of a law agt pirats de unlawll trade, wch hee
hop'd all wold concurr in, 8s y' there was no design to make any
other for raising of monie or otherwise, ds yrfor, hop'd they wold
acquiesce in the choice made, ds by passing y8 sd two Laws ans' the
psent emergencie, ds y' a minute should be made that it should not be
drawn into a president for the future.
Resolved that the accepting of the return of the said writt, and of
the psons yrin returned to serve, should by no means be drawn into
a president for the future, ds y' the sd sheriff be att y" mercy ofy8 pror
Si Got. ' '-
Jn" Healy, Adam peterson, Wm. Guest de Wm. Houston, returned
to serve as repsentatives in Ass. for sd Countte, appeared befor y8 Go'
ds Council & wer qualified according to law. Also, Hen Molteston
ds Wm. Dyre for the Countte of Sussex, who had been absent 10"'
May last.
The pror de Go' desired y" secrie to acquaint the house of repsent
atives y' hee waited for ym. John Blunston, who had been choosen
their speaker in May Last, appeared wt all the repsentatives, To whom
y8 pror ds Go' said:
" Friends, Had the psent emergencie of calling you att such a
" season of the year concerned me only, 1 should not have done it
" till y8 usual time, but since it concerns ye Crown in two verie con-
" siderable cases, recommended to me by y8 Lo's Justices of England
" to reinforce & Improve y8 Laws already made ag' piracie & illegal
" trade, I have yrfor desired to see you att this time to pass two 6uch
" Laws, ds for no other end; I shall deferr other things to the usual
"time of meetting in y8 3d mo. next." And withal, y8 pror de Go'
told ym hee wold appoint 5 members of Council to join a Comittee of
ass. to prepare y8 bill ag' pirats, ds other 5 to join a Comittee of Ass.
to prepare y8 bill ag' illegal trade, de desired y8 Ass. to do y8 same.
The pror de Go' appointed Edwd Shippen, David Lloyd, ph. Pem
berton, Wm. Rodeney 8s Caleb pussey, to join a Comittee of Ass. to
prepare y8 bill ag' pirats. And Sam" Carpenter, Wm. Clark, Richd.
Halliwell, Wm. Biles S/ Jn" Hill, to join a Comittee of ass. to prepare
y8 bill ag' illegal trade, ds to meet y8 Comittees of Ass. rexivelie att
8 in y8 morning, ds desired y8 secrie to acquaint y" ass. yrwith; which
hee accordinglie did.
Adjourned to 26% Hora 10, A. M.

PROVINCIAL COUNCIL. 563
[26* January, 1699-700.
Att a Council Held att Philadelphia die Veneris, 26*" January, 1699-
700. present:
WM. PENN, pror. ds Go', et ysdem decern ut antea.
Wm. Clark, chairman ofy" Comittee appointed to prepare y8 bill
ag* illegal trade, exhibited some amendments,Improvments of «$• addions
to y8 former Law ag' Illegal trade, y* wer considered by sd Comittee,
but requested further time to put ym in form, wch was granted to 27*
instant, 10 A. M.
Adjourned to 27* instant, 10 A. M.

[27* January, 1699-700.
Att a Council Held att Philadelphia die Sabbathi, 27'" January,
1699-700. present:
WM. PENN, pror ds Go', et ysdem decern ut antea.
Wm. Clark, Chairman aforesd, exhibited to y8 Go' ds Council
some Amendts & improvts of ds addions to y8 former Law for pvent-
ing illegal trade, ds David Lloyd, Chairman of y8 Comittee appointed
to prepare y8 bill ag' pirats, also exhibited to ym some amendmts Ss
improvmts of ds addions to y8 former Law ag' pirats; both wch having
been debated in Council, some further improvments wer considered
of, ds it was Left to y8 members of each Comittee to prepare a draught
ofthe rexive bills Comitted to ym by 29* instant, 10 A. M.
Adjourned to 29* instant.

[29* January, 1699-700.
Att a Council Held att Philadelphia die Lunae, 19* January, 1 699-
700. present :
WM. PENN, pror ds Go', et ysdem decern ut antea.
David Lloyd, Chairman ofy8 Comittee appointed to prepare y8 bill
ag* piracie ds pirat, exhibited a draught yrof, wch, after a Large de
bate, was Left to y8 further Consideration of y8 sd Comittee.
Adjourned to 31"' instant.

564 MINUTES OF THE
31" January, 1699-700.
Att a Council Held att philad. die Mercury, 3 Is' Janry, 1699-70*.
present :
WM. PENN, pror ds Gor, et ysdem decern ut antea.
Isaac Norris ds Richd Hough, from y8 Repsentatives, desired y8 Go'
to appoint some of y8 members of Council to meet wt some of y' house,
to Conferr wt ds satisfie ym about some Clauses in y8 sd bill of piracie.
The pror de Go' appointed Wm. Clark, David Lloyd ds Caleb pussey,
to meet some of y8 house of repsentatives att the house of Isaac Nor
ris. Adjourned to 1st Febry, 1699-700.

1" February, 1699-700.
Att a Council Held at Philadelphia die Jovis, 1" February, 1699-
700. present :
WM. PENN, pror. & Go', et ysdem decern ut antea.
Wm. Clark, Chairman of the Comittee appointed to prepare a Bill
ag' illegal trade, exhibited a draught yrof; a great part qrof having
been read ds debated, the Go'
. Adjourned to 2d instant.

[2d February, 1699-700.
Att a Council Held att Philadelphia die Veneris, 2d Febry, 1699-
700. PRESENT :
WM. PENN, pror & Go', et ysdem decern ut antea.
The Remaind' of sd Law ag' Illegal trade being read ds debated, Si
some objections being made yrto, The pror d$ Go* appointed Edwd
Shippen, Wm. Clark ds Sam1 Carpenter, to draw y8claus yrof relating
to kent Countie by 4 post M.
The House of Repsentatives, by Anthony Morris Ss Isaac Norris,
acquainted the Go' ds Council y' they had read y8 Law ag* piracie
twice, y' had been sent ym, ds wer satisfied yrwt, excepting y" claus
yrof prohibiting trade wt Madagascar.
The Council moved to y8 pror. ds Gor that there be a clause inser
ted in y8 bill ag' piracie, to indemnifie all those who have traded or
had Comerce with some old privateers y' some years agoe came in Ss
surrendered ymselves upon the Jamaica proclamaon, & yt had pro
tections ds permitta from the nighbouring governmts. The pror.

PROVINCIAL COUNCIL. 565
assented yrto, ds appointed David Lloyd, phi. pemberton and Wm.
Biles to prepare & draw up y" sd clause.
Adjourned to 3d instant.

[3d February, 1699-700. (
Att a CouncilHeld att Philadelphia die Sahbathi, 3" Febry.l 699-700.
Isaac. Norris & Wm. Dyre, from the Ass. acquainted y8 Gor Si
Council y' they had pused ye bill ag' Illegal trade, Si had some objeo-
tions to make ag' it which they thought wold be best answered in a
Conference of both houses wt y8 Go'.
The pror. de Gor yrupon desired by these 2 members y8 ass. to
repair to him ds Council to Conferr about ds ans' y8 sd objections.
Adjourned to 5'n instant.

[5*n February, 1699-700.
Att a Council Held att Philadelphia die Luna:, 5* Febry, 1699-
700. present:
WILLIAM PENN, pror. ds Governor. ¦
Sam" Carpenter, William Biles, William Clark,
Edward Shippen, Richd Halliwell, Caleb pussey.
phin. pemberton, John Hill,
The pror. &. Go' appointed Wm. Clark, Sam1 Carpenter, David
Lloyd, Richd Halliwell, ph. pemberton ds Wm. Rodeney, to be a Co
mittee of Council to join a Comittee of ass. to abridge y8 sd Law, by
to-morrow morning.
Adjourned to 6* instant.

[6* February, 1699-700.
Att a Council Held att Philadelphia die Martis, 6* Febry, 1699-
700. present:
WM. PENN, prdr. & Go', et ysdem ut antea.
Wm. Clark, chairman of sd Comittee, brought in the Bill ag illegal
trade abridged, wch was read ds sent to the Assembly.
Adjourned to 7*h instant. 43

566 , MINUTES OF THE
[7* February, 1699-700.
Att a Council Held att Philadelphia die Mercury, 7'" February,
1699-700. present:
WM. PENN, dsc, et ysdem ut antea.
Anthony Morris ds Isaac Norris from y8 ass. returned y8, bill of
piracie, desiring y8 Go' &; Council to satisfie ym about y8 claus yrof
prohibiting trading to Madegascar: The Go' desired a Conference
wt y' house to morrow-morning, about y" sd clause.
Adjourned to 8* instant.

[8*" February, 1699-700.
Att a Council held att Philadelphia die Jovis, 8* February, 1699-
700. PRESENT I
WM. PENN, pro' de Go', et ysdem ut antea.
The Go' desired the secrie to acquaint the ass. y* hee de Council
waited for ym, to Conferr about y° claus of y8 act ag* piracie, prohibit
ing trade wt Madagascar Ss Nataall. The House of ass. appeared,
wt whom a Conference was had about trading to Madagascar & Na
taall. It was Resolved y' it should be prohibited for three years.
Adjourned to 9* instant.

[9* February, 1699-700.
Att a Council Held att philad. die Veneris, 9* instant.
present :
WM. PENN, pror. de Go', et ysdem ut antea.
The ass. by Anthony Morris Si Isaac Norris, 2 of y' members,
sent to y° Gor and Council two Laws for their assent.
Adjourned to 10* instant.

[10*h February, 1699-700.
Att a Council Held att Philadelphia die Sabbathi, 10* Febry, 1699-
700. PRESENT :
WM. PENN, pro* & Go', et ysdem ut antea.

PROVINCIAL COUNCIL. 567
The pror & Go' desired Wm. Bites de Jno. Hill to acquaint y" ass.
y ' hee ds Council waited for ym^who returned ans' y' they wold attend
him speedily:
The ass. appearing, The pror ds Go' told ym y' yesterday hee had
received from ym two bills wch had past yr house, wch hee desired
the secrie to read over three times distinctlie. Afterwards they wer
by the Gor de Council assented to, viz : The first entituled, An act
ag' pirats Ss privateers : The other an act for preventing frauds (to
abuses in trade wtin y8 province of pennsilvania ds Counties annext;
and did underwrite each bill in these words — viz : philad. 10th 12'"
mo., 1699-700. This Bill being 3 times read was assented to by
me, Wm. Penn, Locus privati Sigilli provincise.
Therafter the pror 8s Go' proposed to y° Council ds ass. y' hee in
tended to call y8 next genrll ass. according to Charter, att the usual
Ss annual time ; To which the members of ass. by the Speaker, de
clared y' satisfaction therewith. Then y8 pror ds Go' ask't the ass.
whether they had ante other bussines for him att this time, who an
swered no*. Then he said, Gentl, you are dissolved, Ss I hereby
dissolve you. They thank't y8 Gor ds departed.
The end of the 7* ss. of Council de Assembly.

MINUTES OF COUNCIL, Anno Ri. Rs. Gulielmi terty Angliee,
&c, Undecimo, for promulgaon.
[30* March, 1700.
Att a Council Held att Philadelphia Die Sabbathi, 30* day of March,
1700. PRESENT :
THe Honble WM. PENN, Absolute pror de Go' in Chief of y8 pro
vince of Pehnsilvania de y8 territories yrto belonging.
In respect y' there appeared onlie Sam1 Carpenter, Edwd Shippen
Ss Gr. Owen, returned as repsentatives in Council by y8 Sheriff of
Philadelphia, David Lloyd, Caleb pussey de Jno. Simcoke returned
as such by y8 sheriff of Chester, the pror ds Gor.
Adjourned to 1*' April, 1700.

[1" Aprill, 1700.
Att a Council Held att Philadelphia die Lunse, 1" April, 1700.

568 MINUTES OF THE
PRESENT :
WM. PENN, pror. and Governo'.
The Sheriff'of y8 Countie of Bucks His return of repsentatives in
Council was produced, qrby it appeared y' ther wer elected Joseph
Growdon for 3, Wm. Biles for 2, ds Rich1* Hough for one years.
The Sheriff of Philadelphia Countte his Like return was produced,
qrby it appeared y' ther wer elected Sam1 Carpenter for 3, Edward
Shippen for 2, de Griffith Owen for one years.
The Sheriff of Chester Countie his Like return was produced, qrby
itt appeared David Lloyd for 3, Caleb pussey for 2, de Jno. Simcoke,
for one years.
The Sheriff of Newcastle Countie his Like return was produced,
qrby itt appeared that there wer elected Richd. Halliwell for 3, John
Donaldson for 2, de Jasper Yeates for one year.
The Sheriff'of kent Countie his Like return was produced, qrby
it appeared that there wer elected Jn° Walker for 3, Henry Moltes
ton for two, ds Thomas Bedwell for one year.
The Sheriff of y8 Countte of Sussex his return of repsentatives
was produced, qrby itt appeared y' y' wer elected Sam" preston for
3, Jn" Hill for 2, de Tho. ffenwick for one year.
The abov returned psons, excepting those for kent Countie, appear
ing, subt. the Quajificaon following, viz : pennsilvania, Is' 2d mo.,
April, 1700, " We ssverallie, ds each of us for o'selves, do sincerely
" promise de declare as solemlie as if wee took an oath, y' wee will
" be true ds faithfull to y° king de Crown of England, ds to Wm.
" Penn, pror ds Go' of y8 province of pennsilvania Ss territories yrto
" belonging, de his heirs, according to y8 Lres patent granted to him
'" by king Charles ye 2d, und' y8 great Seal of England," de took their
places att y8 board, and so yr wer
present :
Joseph Growden, Griffith Owen, John Donaldson,
William Biles, David Lloyd, Jasper Yeates,
Richd Hough, Caleb pussey, Sam11 preston,
Sam" Carpenter, John Simcoke, ' John Hill,
Edward Shippen, Richd Halliwell, Tho. Fenwick.
Then the pror 8s Go' said : " Friends, Tho' this be a Colonie of 19
" years standing, ds not inferiour to anie of its age, yet wee have
" much to do to establish its coristituon 8s Courts of Justice ; there
" are in it some Laws obsolete, others hurtfull, others imperfect, y1
" will need improvm', ds it will be requisit to make soms new ones ;
" wee cannot go to slow to make, nor too fast to execute them when
" made, ds y' w' diligence ds discretion, a few well made ds duly exe-
" cuted, will better ans' y8 ends, of governm' yn a greater bulk unexe-
" cuted. You friends are ye people's choice Si my Council ; you'll
" see what Laws are fitt to be Left outt <V, what to be made, Si you
" w' mee, are to prepare ds propose ym. I say this the rather becaus
" of a false notion some have gott y' becaus you are my Council

PROVINCIAL COUNCIL. ' 569
" yrfor you are not y" people's repsentatives. The ablest men have
" always been chosen to be of y" Council to prepare Laws, Si y°
" Assembly to consent to ym; wee are two bodies yet but One power,
"the one prepares, y8 other consents. Friends, If in the Constituon
" by Charter, there be anie thing y' jarrs, alter itt ; if you want a
" law for this or that, prepare itt ; I advise you not to trifle wt
"govern*. I wish there wer no need of ante, but since Crimes
"prevail govrm' is made necessarie by man's degeneraon; Itt's
" not an end but a means ; hee y' thinks itt an end aims att
" profitt to make a trade on't. Hee who thinks itt to be a means
" understands ye true end of goverm*. Friends, away w' all pties, 8s
" Look on yo'selves ds what is good for5* all, as a bodie politick, first
" as und' y8 king ds Crown of England, ds next as urid' me, by Lres
" patent from y' Crown. Att y8 Late election att Philadelphia, I was
" grieved to hear some make itt a matter of religion ; no its humane
" Ss moral relating to trade, traffique & publick good, consisting in
" virtue Ss justice ; where these are maintained there is government
" indeed. Study peace, 8s be att unitie, ey y8 good of all, ds I desire
" to ses mins no otherwise than in y8 publick's prosperitis. The
" last Ass. wee made 2 Laws, the one ag' piracie, y8 other ag' for-
" bidden trade. I hear they have not satt easie on y8 backs of some,
," but I hope, wee having yrin been carefull of England, wee shall
" have thanks for making ym before wee had orders so to do, and
" after so manie calumnies ds complaints wee have been Loaded
" with, I hope these two Laws will in some degree wash us clean ;
" what concerns myself I also Leave wt you to Consider. I have
" been now 19 years yo' pror & Governo', ds have att my chairge
" maintained my deputie, qrby 1 have much worsted my estate, de
" hope itt will be no wonder to any to hear mee make this Lection ;
." of itt. Some say I come to gett monie ds be gone, phapps they that
"say so, wish itt so. I hope I or mine shall be wt you, white I or
" they Live — The disasters of my absence have been mine as well
" a3 yours, ds as I'm used shall make suteable returns. I have
" latelie two packetts from Whitehall, an original ds a duplicate ;
" also one to my Cosen Markham, de two from Secrie Vernon, de am
" Comanded by y8 Lords Justices to make Laws ag' piracie & illegal
" trade. I am glad wee have prevented their Commands in doing it
" before they came."
Therafter, a motion being mads by a member of Council, that
they might have a new Charter: Then y8 prords Gor ask't whether
they thought the Charter was Living, dead or asleep ; is it vacated by
y8 act of Settlement, or in what state is itt. A member made ans',
that they never Look't on't to be void or dead,becaus att Go' Fletcher's
coming, wee made a salvo of it in y8 assemblie books, 8f another
salvo of it in y8 frame of govrmt, as to its fundamentalls, but y8 Cir-
cumstantialls of itt as to time, place &. number, 8s rotation, wee could
not reassume. Our bussines now is to do good, ye Go' being here lo
confirm itt> Sr he having in his Charter, power to call us as hee pleases,
ye manner is but circumstance, the meetting is essential; Letts take
48*

570 MINUTES OF THE
what's fitt ds good both in y8 charter de frame, de Lett's make a Con-
atituon y' may be firm Ss Lasting to us 8s ours ; This makes no
breach on the old Laws, but will confirm what's reasonable, both in
ym, y8 charter &i frame.
Then y8 Gor said : The act of Settlem' served till I came; now I'm
come, It Cannot bind me ag' my owne act, the charter it being my
grant, ds the people my wittness by yr acceptaon of it, and tho*
some violence cannot be resisted, yet when the violence is taken off,
y8 Charter returns, Ss how can it return but by writt.
Therafter y° pror de Gor resolved y8 whole members of Council
into a grand- Comittee, to meet hora tertia, p. m., to read ye GHiarter
ds frame of governm', de to keep what's good in either, to lay aside
what's inconvenient de burdensome, ds to add to both what may best
suit y8 Comon good, 8s if you be under any doubt He solve itt, ds psent
to mee what you do yrin to-morrow morning for my perusall.
Adjourned to2d April, 1700.

[2* Aprill, 1700.
Att a Council Held att Philadelphia die Martis, 2d Aprill, 1700.
present:
WM. PENN, pror Si Go', et ysdem ut antea.
Joseph Growdon, Chairman of y8 grand Comittee appointed to in
spect & puse y8 charter, , Ss frame, dec. made report y' they had
pused both, ds had made some alteraons in, diminutions from, Ss
addions to both, wch wer read 8s had mark't outt y8 ss. (but had not
time to writ ym out fair,) de deliverd ym to y8 Go' for pusall.
Then he desired y' all y8 Laws from y8 first settlemt ofy8 province
might be read over by y8 secrie ; accordinglie some of ym were.
Adjourned to 3d instant.

[3d Aprill, 1700.
Att a Council held att Philadelphia die Mercury, 3d Aprill, 1700.
PRESENT :
WM. PENN, pror. de Go', et ysdem ut antea.
The pror de Gor desired y8 secrie to begin where hee Left in read
ing y8 Laws ; accordinglie some more of ym wer read.
Adjourned to 3 p. m.

The pror de Gor desired y8 secrie to begin qr hee Left A. M. in
reading the Laws, de y8 rest wer read over by y° secrie.

PROVINCIAL COUNCIL. 571
Then y6,pror de Gor resolved all y8 members of Council into a
grand Comittee, to meet to-morrow morning at 9, to read de consider
y8 sd Law, ds to keep what was fitt, to Lay aside what was inconve
nient, Ss add such new ones as they thought meett.
Then hee proposed to ym y8 necessitie of a Law for regulating
Courts of Justice, ds y8 pleas to be held there, provincial Courts
Ss appealls, about y° marriages of negros, how to be punisht de tried,
ag' selling rum to y8 Indians, To restrain sickly vessells from Larid-
ing y* passingers for some time, ds for y8 better observaon of y8 Sab
bath or Lord's day, ds to make report to-morrow morning.
Adjourned to 4* instant.

[4* Aprill, 1700.
Att a Council Held att philad. die Jovis, 4"1 instant.
present:
WM. PENN, pror & Gor, et ysdem ut antea.
Joseph Growden, chairman of sd Comittee, reported y' they .had
made some small progress in pusing y8 Laws, but feared should not
have time to go thorow all, being Long ds tedious, but desired more
time; wch was granted.
Adjourned to 6a instant.

[5* Aprill, 1700.
Att a Council Held att philad. die Veneris, 5*" instant.
present :
WM. PENN, pror & Go', et ysdem ut antea.
Joseph Growdon, chairman aforesd, reported y' they found great
difficultie in pusal of ye Laws, de y' they could not in so short time
go thorow ym, de desired Longer time ; which was granted.
Adjourned to 6th instant

[6* Aprill, 1700.
Att a Council Held att philadel. die Sabbathi, 6* Aprill, 1700.
present :
WM. PENN, pror. Si Go*, et ysdem ut antea.
Joseph Growdon, chairman of y" grand Comittee ofy" whole mem
bers of Council, appointed to prepare' some Laws, psented to y8 pror

572 MINUTES OF THE
Si Go' a paper containing some Heads of a Law for securing y"
psopte's propertie.
The pror Si Gor again recomended to ym the Consideraon of all
the Laws ; what should drop, what be Continued, de some heads of
new Laws to be made, formeriie recomended to ym.
Adjourned to 8a instant.

[8th Aprill, 1700.
Att a Councill held att Philadelphia die Luna;, 8* April, 1700.
PRESENT :
WM. PENN, pror Ss Go', et ysdem ut antea.
Thomas Bedwell, a membr of Council returned for kent Countie,
for one year, appearing, sub' y8 above sd qualificaon Ss took place att
y8 board.
The pror & Gor proposed to the Council y* Consideraon ofy8 law
about y8 provincial Judges ds Court, y' it might be made more easie
Ss less expensive.
Joseph Growdon, chairman aforesd, psented to y" pror Ss Gor some
heads of a Law for raising 3d p 11 ds 18d p poll, as a testimonie ofy'
respect to him, ds being sensible itt was not ansrable to what he de
served, yet y8 Countrie being poor 8s in debt, hop'd hee wold accept
of itt for y present; also, 1* p li Ss 6' p poll, for defraying y8 debts
Ss for support of governmt, which the Gor said hee wold consider.
Adjourned to 9* instant.

9* Aprill, 1700.
Att a Council Held att Philadelphia die Martis, 9* instant.
PRESENT :
WM. PENN, pror. ds Governor, et ysdem ut antea.
The pror ds Gor psented to the Council a draught of a Law about
arbitraons, another about Surveyors; wch wer read de recomended to
sd Comittee.
Adjourned to 10* instant.

10* Aprill, 1700.
Att a Council held att philad: die Mercury, 10* instant.
present:
WM. PENN, pror 8s Go', et jsdem ut antea.

PROVINCIAL COUNCIL. 573
The matter ofy8 people's proptie, 6z the securing yrof, either by a
Court to be erected By y8 pror de Go', or by grants from him, or by a
Law for y1 purpose to be made, Ss about the Overplus Lands, being
att large debated, was left to y* further consideraon of y" Gor &
Council, and y8 pror Gor appointed John Simcoke, Joseph Growdon
8s Wm. Biles to meet him att night to consider yrof, Ss as neer as
might be, to adjust y8 rates of overplus Lands, according to their
neerness to or remoteness from y8 town of Philadelphia.
Adjourned to 1 1* instant.

[11* -Aprill, 1700. '
Att a Council Held att philad. die Jovis, 11* instant.
present :
WM. PENN, pror ds Go', et ysdem ut antea.
In respect some of y° members of Council wer provincial Judges ds
now silting in Court, 8s y8 abov named not having had time to conferr
so as to adjust y8 rates ofy8 overplus Lands, The pror de Gor.
Adjourned to 4 post merid.

Att wch time y" pror 8s Go' (upon a proposion to him made by a
member of Council to prolong ye time of Sessions of Gor, Council &
assemblie for a Longer time ym was usual,) who brought in a draught
of a bill for y1 end, wch having been debated, Itt was agreed to be
brought in again y8 12* instant, wth some improvments ds amend
ments. Adjourned to 12* instant.

• [12* Aprill, 1700.
Att a Council Held att Philadelphia die Veneris, 12* instant.
PRESENT :
WM. PENN. pror Ss Go*, et ysdem ut antea.
The sd Law, with improvments ds amendmts, was exhibited by y*
pror & Gor to y8 Council, entituled a Law to be promulgated to Con
tinue y present ss. of Council ds ass. 20 days beyond y8 usual time
by Charter Limited: & being by the Sscrte three times read over,
Upon the Question putt, all you that are of opinion y' this Law pass
here in order to promulgaon stand up, Itt was Carried in the affirma
tive, Nemine Contradicente.
Then the pror ds Gor ordered y" Secrie to send a Copie yrof, signed
by Him, to y* rexive Sheriffs of y° Six counties, to be by ym rexive
promulgated.

574 MINUTES OF THE
MINUTES OF COUNCIL IN THE ASSEMBLY, Anno Ri. Re.
Gulielmi terty Anglia, Ssc. decimo, &c.
[10* May, 1700.
Att a Council Held att Philadelphia die Veneris, 10* of May,
1700. PRESENT :
The Honble WILLIAM PENN, absolute proprietor ds Governo' in
Chief of y8 province of pennsilvania de the Territories thereunto
belonging, dec.
Sam" Carpenter, Joseph Growdon, Caleb pussey,
Edw* Shippen, Richd Hough, David Lloyd,
Griffith Owen, Jn° Simcoke, Richd Halwell.
The Sheriff of Bucks Countte his return of Repsentatives for ass.
was produced, whereby it appeared y' ther wsr slsctcd Jn° Swift, phi
neas pembsrton, Joshua Hoops, Wm. paxton, Jeremiah Langhorne,
Sam" Darck.
Ths Sheriff'of Philadelphia County his return was produced, qrby
it appeared that y' wer elected Jn" Bevan, Anth. Morris, Nich Wain,
Is. Norris, Sam. Richardson, Jn° parsons.
The Sherif of Chester's retn was produced, Ss ther wer elected Jn
Blunston, Rob' pyle, Richard Orms, Jn° Hood, Sam. Lewis, Henrie
Lewis. The Sherif of Newcastle's retn was produced, ds there wer elected
Adam peterson, Joseph England, Richd Cantwell, Rob' French,- VaL
Holingsworth, Wm. Houston, who subt y" same Qualificaon y' y*
membrs of Council subt. 1° April, 1700; and y" other repsentatives
not being yet come to town,
Adjourned to 13* instant.

[13* May, 1700.
Att a Council held att philad : die Lunse, 13* May, 1700.
PRESENT :
WM. PENN, pror de Go', et ysdem Si Jasp. Yeates, Jn" Donaldson,
Sam Preston, Jn° Hill, ds Tho. Fenwick-
The Sheriff of kent's retn was produced, ds y' wer elected Wm-
Morton, John Brinklo, Richd Wilson, Gr. Jones, Arthur Meston, Wm.
Rodney. The Sheriff'of Sussex's retn was produced, de y* wer elected Jo
seph Booth, Thomas pemberton, Luke Watson, jr. Tho. Fisher, Art.
Vankirk, Robt. Burton, who subt. y8 same Qualificaon as above.
Then y8 Go' desired y* members of Ass. to depart and choose j
Speaker.

PROVINCIAL COUNCIL. 575
After some time John Blunston, accompanied by )'8 whole house of
repsentatives, appeared before y8 Go' ds Council, acquainting ym that
they had made choice of him for yr Chairman, a pson verie unfitt att
such a time where matters too weightie for his capacitie wer to be
considered, ds yrfor desired to be excused if if could be, de if not, y'
y8 pror Si Go' wold be pleased to putt a favorable Construotion on
his words, Ss y' the ass. might have freedom of speech ds access to
his pson; wch was granted. Then y8 Go' said : Friends: * * *
Wm. Rodney ds R' pyle, from y8 ass, desired a sight of one ofthe
writts qrby this ass. was called, ds ya promulgated Bill; which y*
Secrie delivered to ym.
1 The pror ds Gor desired y8 Secrie to read y" bills wch hee had <
prepared about tradeing wt y8 Indians, 8s arbitraons, ds after some
debate on both, and then Resolved y8 Council into a Comittee of y*
whole members yrof, to consider y8 same, S/ to make report.
Adjourned to 4 p. m.

Att which time Antho. Morris de Jn° Bevan, from y8 Ass. acquaint
ed y8 Gor ds Council y' y8 Ass : desired a free conference wt y
Council members ; which y8 Gor granted. Then y8 Speaker, ac
companied as before, appearing, desired y' hee or anie others of y"
Ass : might speak yr minds ; wch y8 Gover granted : some of ym
wer of opinion y' they wold pass y8 promulgated Bill for y8 prolonga-
on of ye time of this ss, provided y' yrafter they went on to settle y
constituon of y8 govrmt wtout y8 intervenion of any other bussines ;
To wch y" Gor assented ; And in ord' yrto, resolved y8 membrs of
Council to be a Comittee to join a Comittee of y8 whole house of rep
sentatives, to meet to-morrow morning to read y8 Chart' & frame, Ss
to Consider of the Constituon of y8 govrmt, ds desired Jasp. Yeates ds
Caleb pussey to acquaint y8 Ass. y'with, y' they might do y8 same.
Adjourned to 14* instant.

[14* May, 1700.
Att a Council held att philad. die Martis, 14* May, 1700.
PRESENT I
WM. PENN, pror ds Gor, st ysdem ut antea.
Coll. Rob' Quarrie, Judge of y8 Court of admiraltie for pennsil
vania, accompanied wt Jn" Moor, advoeat of sd Court, exhibited a
charge ag' David Lloyd, one ofy8 Council elected for Chester Coun
tie, of Irreverent speeches ds postures of de ag' y8 broad seal of Eng-

576 MINUTES OF THE
land & y8 king's picture, ds a tin box appended to y8 Lords of y8 ad
miraltie of England y' Comission to Ro' Webb, yn marshall of sd
Court, in a Certain Court held att philad sometime Late past. To
wch, after sd David Lloyd had made some answer, hee desired y8.
charge might be exhibited ag' him in writting und* y8 charger's hand,
wch was agreed to, ds 4 p. m. assigned to sd Coll.Quarrie so to exhibite
itt, wt y8 wittnessss, for whom hss dssired a Subpoena; which was
granted. Upon calling over y8 names ofy8 members of Council, the 3 rep
sentatives for ksnt Countte wsr found wanting, wtout whom y* could
but little be proceeded in, ds y' being no excuse made for ym, Itt was
resolved y' a wrr' be issued by y8 Secrie, und' y8 Gor's hand ds seal of
y* province, directed to Henry Mallows, mess' of y8 Council, forth
with to repair to y8 sd Countte of kent ds bring ym up to ans' y8 sd
contempt, wch was done.
Adjourned to 3 p. m.

Att which time ph: pemberton Ss Ro' French, from'y8 Ass, acquaint
ed y8 Go' Ss Councill y' y8 Ass: wer readie for him. The Gor told ym
v' hee de Council wold receive ym.
The Speaker acquainted y8 pror de Gor y' they came to hear y
old Charter and y8 Late frame of governmt read. The Gor ask't
him if they had past y8 Law given ym yesterday for y' end. The
Speaker ansred they had not, but sd they wold pass itt next morning.
Coll. Rob' Quarry, accompanied as aforesaid, exhibited to y8 Gor
ds Council His memorial ag' David Lloyd, in writting, und' his hand,
wch was read, and in these words, viz : To y8 Rt. honble Wm. Penn,
esq*, pror ds Gor ofy" province of pennsilvania 8s y8 annexed Coun
ties. The memorial of Coll. Robert Quary, Judge of His maties
Court of admiraltie for ye provinces of pennsilvania & ^ est Jersey,
Represents to this board y' hee is obliged, as well by his dutie owing
to his most Sacred matie, de by the directions Latelie received from
the Rt. honble y8 Lords of y8planlaons de trade, as y8 trust lodged in
him by virtue of his maties Letters patents und' y8 broad seal of y*
High Court of admiraltie of England, to signifie y' having alreadie
Laid before y8 board a charge of unparallelled misdemeanors 8s af
fronts offered ag*. his matie in some of y8 Courts of this province, by
one David Lloyd, now 4' att y' time a member of Council, and being
required to reduce y* same to writting wtin y8 space of few Hours,
with the witnesses to prove the charge, In wch time the whois series
of y8 affair, wt y8 aggravating Circumstances yrof, cannot so fullie be
digested as the nature ofthe crime may. require. However, in.obedi-
snce to ye said order, Hss Showsth : That sundris goods ds merdizes
being seized for Illegal Importaon, ds Lodged in the marshall of y*
admiral's Custodie in the king's store, in the year 1698, de proper-
lie triable in the sd Court by virtue of ssveral acts of parliamt, The
\sd David Lloyd did, in contempt ofy8 sd Laws ds Jurisdiction ofy8

PROVINCIAL COUNCIL. 577
sd Court, influence Ss advise the justices by force S/ arms, toforce y8
goods outt of the sd store ; That the sd David Lloyd did further
advise ds prosecute an action ag' y8 sd marshall for the detainor ofy'
sd goods, att the succeeding Countte Court, where y8 marshall being
called to defend the sute, hee produced in his owne Justificaon His
maties Lres pats, undr y8 broad seal of y8 High Court of Admiraltie,
with ths Judges warrt fory8 seizure aforesaid, which sd patent having
in the frontis piece his most sacred maties effigies stampt, with the sd
seal appendant, the sd David Lloyd, in a most insolent de disloyal
manner, taking the sd Comission in his hand & exposing it to y8
people, did utter Ss publish these scurrilous ds reflecting words follow
ing, viz: — what- is this? do you think to scare us wt a great box
(meaning y* seal in a tin box) and a little Babie; (meaning y8 picture
or effigies aforesaid;) 'tis true, said hee, fine pictures please children ; •
but wee are not to be frightened att such a rate; de many more gross de
reflecting expressions on his matie to y8 like effect. That att another
time, att a Court of admiraltie, held in this town of philad, hee, y8 sd
David Lloyd, in open Court, with a design to incense 8s irritate the
people Ss expose y8 king's officers to their forte, did publicklte say,
that y' Court did not sitt there by anie Comission from y8 king. That
y8 sd David Lloyd, att a Council held in this town, (in Contempt of
his maties authoritie Lodged in the sd Court of admiraltie,) did declare
y' whoever wer Instrumental or aniewise aiding in the erecting ds en
couraging a Court of admiraltie in this province, were greater enemies
to the Liberties ds priviledges of y8 people then those y' established de
promoted ship monie in king Charles the first's time, or to that effect.
All wch several charges hee is readie to avouch ds prove; so subscri
bed ROBT. QUARRY.
As also, y8 sd Coll. Quarry produced some witnesses to prove y8sd
charge in its several branches, as by y' deposions remaining on y8
files may appear, wherupon y8 sd David Lloyd desired of ye Gor Ss
Council time to putt in his uns' in writting to y8 sd memorial, and to
make his defence ; To wch y8 Gor replied y' this was not his trial but
an examinaon, Ss when Ss wherever, or before what court soever hee
should happen to have his trial, hee wold then have that granted, him,
Si y' this was but an examinaon to see whether what was Laid to his
charge was ofy' weight to suspend him from being S. repsentative of
y8 people in Council, as was desired by Coll. Quarry.
Adjourned to 15* instant.

[15* Aprill,* 1700.
Att a Council held att philad. die Mercury, 15* May, 1700.

"May. 49

578 MINUTES OF THE
PRESENT :
WM. PENN, pror Ss Go', et ysdem, except David Lloyd.
The pror de Gor ask't y" opinion of y" Council whether what was
exhibited de, proved ag' David Lloyd, a member of this board, yester
day, was sufficient ground to suspend him from sitting as a repsen
tative att this board upon y8 people's choice. Resolved, N. C. y' it
was — wherupon y" pror &; Go' desired Joseph Growdon to acquaint
David Lloyd that hee was suspended from sitting as a repsentative
att this board till hee had his trial, 8s wer cleared or convicted.
Upon a motion made, y" pror ds Gor ordered y8 secrie to write to
Wm. Biles, a repsentative in Council elected by y8Countiei of Bucks, ,
forthwith1 to appear att this board to his dutie; which the secrie did.
Adjourned to 16* instant.

[16* May, 1700.
Att a Council held att philad. die Jovis, 16* May, 1700.
present :
WM. PENN, pror ds Gor, et ysdemds William Biles.
Tho. pemberton ds Is. Norris, from y" ass: acquainted y8Gory'
the assemblie desired admission ; which was granted.
The Speaker, accompanied as aforesd, delivered to y8 pror ds Gor.
the promulgated Bill entituled The Law Continuing y8 psent sessions
of Council & ass: 15'days beyond ye usual time by Charter Limited,
past y'house, wch being read to The pror, Gor ds Council, y8 same
was past by ym, N. C.
Therafter y8 pror and Gor having laid opon both to Council Ss
Assemblie, the nature of the psent Constituon, ds y8 powers of both
Council ds Assemblie, Left y8 members of both houses to y' grand
Comittee appointed for settling the constituon of y8 govrmt, 8s to bring
in y' report y" 17* instant.
Adjourned to 17* instant.

[17* May, 1700.
Att a Council held att philad. die Veneris, 17* instant.
present :
WM. PENN, pror. 8s Governor, et ysdem ut antea.
Joseph Growdon, Chairman of y8 sd grand Comittee of Council
Ss ass: to whom was Left y8 Consideraon of y8 psent Constituon, &i
y powers of Council ds Assemblie, ds y8 settlemt of y8 new Consti
tuon, Reported y' they had Considered of some part yrof; that y'

PROVINCIAL COUNCIL. 579
ass : should have y" sole power of pparing de proposing bills to be
past into Laws, & y8 whole powers of an ass, de y' y" Gor's Coun
cil shall be y8 people's choice, de y' six shall be the number Con-
stantlie to attend him on all emergencies, but had gone Little further
yrin. The pror de Gor made ans', that what hee expected from ym was
that they should have prepared ds exhibited to him y8 Charter they
desired, ds when hee had it all in a piece before him, Hee should
soon tell ym what hee could not & what hee could grant ym. And
yrfore desired y8 grand Comittee to go together again Si Consider what
hee had laid before ym ; by y' time hee should return from penns-
berrie; ds Told ym y' hee left y8 town on purpose y' in yr Comittee
they might meet w' no interruption.
Adjourned to 24* instant.

[24* May, 1700.
Att a Council Held att philad. die' Veneris, 24* instant.
present:
WM. PENN, pror. Ss Go', et ysdem ut antea.
The pror ds Gor desired y8 secrie to acquaint y" ass, y' hee ds
Council waited for 'ym ; they returned they wold forthwith attend
him. The Ass: appearing, Joseph Growdon, chairman aforesd, psented
to y" pror Ss Go' a draught of y8 Charter they desired. Hee sd hee
wold peruse it, ds in y8 meantime desired y8 grand Comittee to meet
again ds go on w' yr bussines.
Adjourned to 25* instant.

[25* May, 1700. #
Att a Council Held att philad. 25* May, 1700, die Sabbathi.
present :
WM. PENN, pror ds Gor, et ysdem ut antea.
The pror ds Gor desired Caleb pussey ds Nich. Walln to acquaint
the ass: y* hee waited for ym. They returned they wold speedilie
attend him.
The ass: appearing, Jos. Growdon, chairman aforesd, acquainted
y8 pror 8s Gor y' they had much debate in y8 grand comittee about
y* oathes 8s test, ds the manner of taking ym; as also about y8
charges of y8 provincial Council, but could come no agreem', wher
upon y8 debates wer again re-assumed before the Governo'.
Adjourned to 27 May instant.

580 MINUTES OF THE
[27* May, 1700.
Att a Council Held att philad. die Luna?, 27* May, 1700.
present :
WM. PENN, pror & Gor, et ysdem ut antea.
The ass: appearing, To whom ds Council, as a grand Comittee, y*
pror ds Go' did again propose y" matter of oaths, attest, 8s charge of
provincial Council ; and y° same being att large debated,
Adjourned to 3 p.. in.

Att wch time y° ass; again appearing, The pror Ss Gor" proposed
to ym a bill about y" regulaon of Indian traders, wch hee referred to
a Comittee of both houses ; also a bill about regulating negros, re
ferred to another Comittee of both houses ; also a Bill about regu
lating Courts of Justice, referred to a 3d Comittee, ds to bring y'
reports of y8 sd bills to-morrow morning.
Adjourned to 28* instanti

[28* May, 1700.
Att a Council Held att philad. die Martis, 28* May, 1700.-
present :
WM.. PENN, pror 8s Gor, et ysdem ut antea.
The rexive Chairmen ofy8 sd 3 Comittees brought in each of ym
a draught ofthe rexive bills recomended to ym.
Adjourned to 3. p. m.

Att wch time y8 ass: appearing in a grand Comittee, wt y" Gor Si
Council, The bill abdUt regulating Indian traders was read, considered
and amended, Ss Gri. Jones appointed to draw it up fair by to-morrow
morning; also y" bill about regulating negros was read, considered de
amended ; also y° bill about Regulating of Courts was read ds consid
ered, with its amendments, ds given to sd Griffith Jones to he fair
drawen up.
Adjourned to 29*b instanf.

[29* May.
Att a. Council Held att philad.. die Mercury, 29'° instant.

PROVINCIAL COUNCIL 581
present:
WM. PENN, pror de Governor, et ysdem ut antea.
The pror de Gor psented to the Council 8s ass : a Bill about a Court
Barron, another about Confirmaon of free-holds, another about sur
veys, de appointed a Comittee of 3 psons out of each Countie of y8
province, Ss of 3 out of each County ofthe territories, to be a Comit
tee to consider ofy" sd 3 Laws.
Ad. to 30*.

30* May, 1700.
Att a Council Held att philad. die Jovis, 30* instant.
present :
WM. PENN, pror de Gor, et ysdem ut antea.
The ass: being sent for, appeared, S/ Gri. Jones, presented to y8
Go' Ss' Council the bills about regulaon of Courts de Indian traders, for
yr consideraon.
Then y8 ass: requested they might go to^' owne house to dispatch
what Lay befor ym, to wch y8 Gor assented.
Adjourned to 3 r' instant.

[31 May.
Att a Council Held att philad. die Veneris, 31" May, 1700.
present:
WM. PENN, pror Si Gor, et ysdem ut antea.
Two members from y8 ass : desired y' y8 ass : might be admitted.
Granted. John Blunston, accompanied by all y8 repsentatives in ass: ap
peared. Upon reading y8 petion of Rob' Turner Ss Joseph fisher,, bearing
, date y8 27* instant, Setting forth that att an ass: held att philad. 10"'
May, 1689, (qrof Ar. Cook deced,was speaker, ds David Lloyd Clark,)
there was a vote de resolve past ag' y8 per. Rt. Turner, wtout a hear
ing or conviction by an insufficient number ofy" members yrof, viz:
Ar. Cook, speaker, Hen. Waddy, Gr. Owen, Tho. Ducket, phi. pem
berton, Sam1 Levis , Tho. paschall,Val. Hollingsworth, Edmd. Bennet,
Richd. Martin, Nich. Blunston, Dan. Jones, Wm. Berrte, Wm. Man-
loue, Jn° Walker, Ab. Opdegraeff, Is. Weldone, Rob' piles, Jn° Bar-
tram, Jn" Swift, That Wm. Markham, Rob' turner, Ss Gr. Jones, who
Issued forth y' warrants ag' Jn° White, a member ofy' Ass, 8s y' Jno
Claypoole Ss Richd. Reynolds Sheriffs, who by colour of such wrrt or
wrrtts,' arrested ds carted him away; as also ye sd John Cla.ypool, who,
49*

58a MINUTES OF THE
wtout anie wrrt, during y* sitting of sd ass : did arrest David Lloyd*
knowing him to be Clerk yrof, are, Si everie of ym is yrfor reputed
violators of y* priviledges of Ass, & betrayers of y* Liberties of y'
freemen of y* sd province Si territories, Ss y' they ought to be made
incapable of bearing ante publick office or place of trust iu this
govrmt ; & y* a wrrt be made outt & signed by y* Speaker, directed
to all high tk pettie Constables, for bringing ym befor y* sd ass s to
ans* y' contempt Ss breach of priviledge ulbresd : As also, setting forth
y' sd Joseph ffisher, (wt other members of that Assemblies having
entered his protest ag' a vote or resolve yrof, S: yron absenting
ymselves, there was another vote & resolve past, That y* sd Joseph
ffisher, per. >S,- tho other absent members, are not worth io to bo chosen
again, or be intrusted as delegates. And also, setting forth y' y" sil
rexive resolves, votes & sentences past yron ag' y'porsrexivlio, navo
not only proved much to their scandal, reproach, detriment, publick
shame & disgrace, but may also to that of I heir posterities, if not now
att last remedied, the same being yet standing in one ofthe most pub
lick (as reputed) records of fame and Creditt wtin y" sd province Si
territories, and y* by reason yrof, y" pers. stand Liable (nt y* will tSs
pleasure of ill minded men) uud' this or any change of govrin' y* may
happen to be drawen into question for ds about y* same. And also
setting forth, y' y" per. R' Turner, hatii niado amnio modest ds Chris
tian petions ds npplicaons to the succeeding assemblies, (Copies
whereof are hereunto annexed) for a Hearing &. trial, &¦ hath Long
waited att y' posts ofy' doors; «.V pticularlie in May, 1090, bee, by a
petion to y* ass: then sitting att Newcastle, did sett forth y' being in
formed of some votes past ag' him last ass, As yn standing open upon
their books, & y' bavins? inquired of several of y* sd number of 20
psons, about y* same, they could give y" per no informaon, being
whollio Ignorant yrof, St y' David Lloyd, yr clerk, tho' often requested
to give y' per a Copie yrof, yet hee still refused, ulledging his ord'" to
ihe contraric, & yrfor yn requesting to bo brought to a trial. As
also, in May, 1091, requesting y' hee might Come to his trial dr. be
found guiltio of or acquitted iVomsd Charge, espeeiallie seeing some of
y8 sd '30 members said to bo y a psent Si yr nnnies allixt to y" sd votes,
denied yt they ever knew anie, thiug directiie or iiulireellio of such a
vote or resolve ag' y* sd R' Turner. As also, setting forth y' by a
Lett' ol'-U1" May, ItiOO.y" per. R' Tunier, bad acquainted y" pror ds
Gor wit li y" sd injnrio dono hini, to whom y° per sent a Copie of y* ass:
proceedings, requesting his assistance fur relief yrin ; y* heo was
ple.-ued so farr injustice to tuko notice, y' by his Lro to .In" Goodson
of 'J I"' 8br, 1091, hee advised y1 an iimicnblo end be putt to R' 'Pur-
ne.r's bussines about. Jn" White saying in his Lre, tell y" Council so,
Ss tho parties, as my ilosirc, iV, y* nmmlinglio y* sil .hi" goodson, wt
y8 per, went, to a full Council Si produced to ym y" sd letter, A- pressed
y' complianco jruith. And y' notwlstomliup; y" sd Rob1 Turner's
potions Si npplicaons, hee could never prevail t'o have a hearinc or
triall. And yrfor, now att last requesting a fair & open trial and
Hearing, ds.y' if it be made appear y' y" sd vote de resolve hath pro
ceeded on a groundless ds false foundaon in matter of fact ng' y" per.

PROVINCIAL COUNCIL. 583
Rob' Turner, Ss y1 y" psons that so past y8 sd votes ds resolves wer but
20 instead of 24, the Charteral Quorum, (By which Charter y" assem
blie had power to impeach, ds y" Gor de Council to Judge,) y' yn the
sd minutes, resolves Ss votes, may by y8 Gor, provincial Council 8r as
semblie, wt y8 rexive sentences y' followed yron ag' y° sd pers, be va
cated, declared void ds null ds of no force nor effect, to all intents,
constructions ds purposes, in all time hereafter coming, so farr as re
lates to y8 sd pers rexivlie.
Whereupon, y8 pror ds Gor desired Jn° Blunston, the Speaker of
the assemble, to produce the minutes of Ass: held 10th May, 1689,
which hee did ; and being read, y* wer yrin inserted y8 sd votes &i
resolves, with other votes Ss resolves introductorie yrof; but nothing
appearing by y" sd minutes y' y8 per. Rob' Turner ever signed y8 sd
wrrt or wrrtts, de y" sd Rob', absolutelie denying y' hee did, Ss chal
lenging y8 ass: to prove itt, (wch none ofym could do,) but on y8con-
trarie, hee, y8sd Rob', producing before ym y8 original wrrt directed
to y" sheriff, wch was onlie signed by Wm. Markham Ss Gr. Jones, ds
not att all by Rt. Turner, (a copie qrof is to remain upon y° file of y8
minutes of this Council) as also by y8 sd minutes, it plainlie appearing
y* y' wer onlie pssnt 19 psons, Si the speaker, att passing y8sd votes
Ss resolves, qras the Charteral number should have been 24, de if y*
had been a Charteral number psent they could not have passed y8 sd
votes ds resolves ag' y8 sd Rt. Turner, he never Having signed y8 sd
wrrt or wrrtts, as before is made appear, and nothing in the said min
utes appearing that y8 sd Rob' Turner was cited before ym, or y' hee
was ever heard to answer for himself. And y° sd Robt. Turner, per,
having been heard to make a full ans' to y sd votes ds resolves, de
all his petions, applicaons ds prooffs having been read, ftfllie heard, ds
y8 matter att Large opsnsd ds debated, ds having made itt appear y'y8
sd Arthur Cook on his .death bed, told Gr. Jones y' hee was willing
to give satisfacon both to sd Jones de y8 per, in ass, Si y8 sd Rot.Tur-
ner having openlie declared y' tho' the words wer not spoken to him,
yet they wer full satisfacon to him from y8 sd Arthur.
, Therfore, it was the unanimous vote de Resolve ofy8 Gor, Coun
cil Ss assemblie, N. C.y'thesd votes de resolves, [proceeding upon a
groundless ds false foundation in matter of fact, ag' y8 sd Rt.Turner,hee
never having signed y8 sd wrt or wrtts, ds not being heard in his owne
defence, ds not being made ds past by a Quorum or Charteral number
as aforesd,] ds the sentence of y8sd Rt. Turner, per, his being made
incapable of bearing anie publick office or place of trust in this govrmt,
following yron, as also y8 sd other vote Si resolve, Si sentence follow
ing yron, ag1 y8 sd per. Joseph ffisher, Be ds are hereby vacated, de
clared void ds null, St of no force nor effect, to all intents, construc
tions Ss purposes, as if y8 same bad never been made nor past, so farr
as concerns y8 sd Rt. Turner Si Jos. Fisher, yc pers rexivlie, & y' a
reference be made by y" secrie in Si from y° sd ass's book of minutes,
to y8 minutes of provincial Council held this day, of the vacating Ss
making void Si null y" sd votes, resolves, ds sentences past yron, so
farr as Concerns y8sd pers rexivlie, and y' a Copie hereof be delivered

584 MINUTES OF THE
to ym by y8 secrie, to be by ym keept for yr compurgaon ds clear
ance in y8 sd matter, in all time hereafter comeing. Copie of y° re
ference wttin y8 book of minutes of ass: followes, Viz: — Pennsilva
nia, 31s' 3d mo, 1700, vide y" minutes of provincial Council Ss ass: of
this date, qrin by an unanimous vote of both the vote ds resolves of
this ass: of 10"' 3d mo, 1689, ds y8 sentences past yron ag' R1 Tur
ner de Joseph Fisher, yrin rexivlie named, are (for y" reasons yrin
menoned) vacated, declared void de null, ds of no force nor effect, to
all intents, constructions ds purposes, as if the same had never been
made, so farr as concerns y8 sd Rt Turner ds Jos. fisher, rexivly, sign
by ord' of Gor, Council Ss assembly, by PAT. ROBINSON, secry.
Joseph Growdon, Chairman of y8 grand Comittee of both Council
ds ass: appointed to Consider of certain laws proposed by y8 Go', Re
ported that they had read ds partly considred y° bills about regulaon
of Courts, power of the Civil magistrate, Court Barron, Regulaon of
Indians, Indian traders Ss negros, surveyors ds y' fees, Si robbing of
Orchards, Ss y'it was the opinion ofthe whole Comittee y' they saw
.no service in sd bills att this time, neither had they time to consider
ym fullie.
Then the propr &i Go' Laid before the Council Ss assemblie the
Consideraon of a Bill to be past for securing the people's properties,
ds another Bill of supplie to him as Go', who never yet these 20 years
past, had had a farthing from them.
Adjourned to 1'* June, 1700.

I" June, 1 700.
Att a Council Held att Philadelphia Is* June, 1700, die Sabbathi.
PRESENT :
WM. PENN, pror. & Go', et ysdem ut antea.
Upon the Request of some of the merts of philad to the Go', Coun
cil and ass, setting forth y' there was this year more tobacco in the
river than could be Carried home to England, for want of shipps, if the
time of shipping of Tobacco in bulk was not protracted to a Longer
day, The pror Ss Gor appointed some psons to draw up a bill prolong?
ing sd time to the T'July next; As also, another Bill obliging all
vessells going to &. from the sea? to call att Newcastle & make re-
port there, und' a certain penaltie.
Adjourned to 31 June instant.

PROVINCIAL COUNCIL. 585
[31 June, 1700.
Att a Council Held att Philadelphia die Lunse, 3d June, 1700.
PRESENT :
WM. PENN, pror. ds Governo', et ysdem ut antea.
The pror de Gor appointed some psons to draw up a Bill about the
trying and punishing of nsgross.
Rob' French ds ph. pemberton, from the ass, informed y8 Go' ds
Council that the time of y* ass: was almost outt, ds y' y8 ass: could not
agree upon the precise time ofy" 15 days being outt ; Wherupon y8
pror de Gor sent Jos. Growdon ds John Hill, to informe ym that in
strictness y8 15 days are not expired (the first days not being in the
number) till the sixt instant inclusive, ds to desire ym to consider yrof,
that the Gor de Council may not be straitned with time to do the pub
lick bussines. They returning from the assemblie, made ans' that
they wold consider yrof.
After some time, two of y8 members of Ass: desired that y8 speaker
de ass: might have a Conference with the Gor ds Council about y8
time granted.
The members rexivlie appointed brought in a bill prolonging the
time prohibiting the shipping tobacco in bulk ; also, a Bill obliging all
vessells going to ds coming from y8 sea, to call att Newcastle ds make
report there, under a certain penaltie; as also, a Bill about trying &
punishing of negroes.
Adjourned to 4th instant.

: [4th June, 1700.
Att a Council held att philad. die Martis, 4Ih June, 1700.
present:
WM. PENN, pror. de Go% et ysdem ut antea.
The sd S Bills being read by y8 Secrie de amended, wer sent to the
House of Repsentatives for yr assent, by Griffith Owen Ss Caleb

The pror ds Gor acquainted y8 Council that he had perused and
.Considered y8 Charter by ym- psented to him to be granted, and
psented to ym y8 draught "of such Charter as hee could grant ym, ds
J appointed Jos. Growdon, Sam1 Carpenter, Rd. Halliwell ds Jn° Don
aldson, a Comittee of y8 Council to join a Comittee of Ass, to puse
it, consider y8 same, ds desired sd Hallwell to acquaint y8 ass: yrof.
Adjourned to 5"1 instant.

586 MINUTES OF THE
[5th June, 1700.
Att a Council Held att philad. die Mercury, 5th June, 1700
present :
WM. PENN, pro' & Go', et ysdem ut antea.
Joseph Growdon, chairman of sd Comittee, made report y' they
had considered of some amendmts of y° sd draught, wch hee gave y*
pror for his perusal.
Caleb pussey, a member of, made a motion y' a Bill should be pre
pared about elections of repsentatives ds y' fees, ds a Bill about a free
man. The pror ordered y8 sd Caleb pussey to prepare itt.
The pror ds Gor ordered Griffith Owen to prepare a Bill about
sicklie vessells coming into this governmt. '
Joseph Growdon made a motion that 3d in the 11 be raised for y"
Go*'" use. Hee ordered sd Growdon to prepare a Bill for that end.
Sam'1 Carpenter made a motion y' a bill might be prepared for rais
ing One pennie p 11 ds 6s. p poll, for defraying the publick debts of y8
government. The pror ds Gor ordered Sam1 Carpenter to draw itt
up. Griffith Owen made a motion that a Bill might be prepared for
Laying an Impost upon wine, Rum, Cider, Liquors retailed, for y*
prors. use dz support. Hee ordered sd Owen to draw itt up.
Caleb pussey desired y ' a Bill might be prepared to Continue Ss con
firm y8 Laws ofthis governm'. The pror appointed sd Caleb to draw
itt tip.
Adjourned to 6th instant.

6th June, 1700.
Att a Council Held att philad. die Jovis, 6* instant.
present:
WM. PENN, pror de Go', et ysdem ut antea.
Caleb pussey brought in the bill about elections, a freeman ds rep
resentatives fees, ds another Continuing de Confirming y8Law ofthis
government. Griffith Owen brought in the Bill about sicklie vessells, ds another
about Impost.
Sam1 Carpenter brought in the Bill for raising one pennie p 11. for
defraying y8 publick debts ofthe government.
The which 5 Bills, after some amendmts made yrin, wer sent to the
house of repsentatives for their assent.
The pror ds Gor recomended the Bills of 3d in the 11. and of Impost,
to the Consideraon ofy8 Ass, ds Sam11 Carpenter was sent wt ym.
Adjourned to 7'° instant.

PROVINCIAL COUNCIL. 587
Att a Council Held att philad die Veneris, T11 June, 1700.
present:
WM. PENN, propr. and Governo'.
Sam" Carpenter, Richd. Hough, Robt. French,
Edwd. Shippen, Jn" Simcoke, John Hill,
Giffith Owen, Caleb pussey, Tho. Fenwick,
Joseph Growdon, Rich8 Hallwell, Sam' Preston.
William Biles, Jn" Donaldson,
The pror de Gor desired Wm. Biles de Caleb pussey to acquaint
the assembly that hee Ss Council waited for ym ; who returned they
wold attend him.
The ass: appearing, The Speaker psented to y8 Gor Ss Council
eight bills wch had past yr house. The pror told ym Hee wold cause
them to be read and Considered, And desired ym wt all speed to Con
sider of the Charter ds the amsndmts to be made yrin, ds y' if they
could agree among ymselves about the alteraons ds amsndmts they
desired Hee wold for his part, be as condescending and easie as hee
could. After Reading of all the said 8 bills 3 times by y8 secrie, they were
by y8 pror, Gor ds Council, approved of de- assented to.
The 1**, entituled, the Law of a freeman about elections and Rep
sentatives fees. '
The 2d, The Law for granting an impost upon wines,Rum, beer, ale,
Ssc, & goods imported, retailed ds sold in this province Ss territories.
The 3d, The Law requiring all M™ of Shipps Ss vessells to make
report att the town of Newcastle, y' are or shall be bound to or from
y'sea. The 4*", The Law for prolonging the time prohibiting the shipping
tobacco in Bulk.
The 501, The Law about trying and punishing negroes.
The 6"1, The Law about sicklie vessels coming into this govern
ment. The 7*, The Law for raising one pennie p pound, and six Shills.
p head, for paymt ofy8 publick dsbts of ths govsrnm'.
The 8", Ths Law for confirming ds continouing ths Laws of this
government. Then the pror ds Gor desired the Secrie to acquaint y8 ass: y' hee
waited for ym. The ass : appearing, the pror Ss Gor desired the
Secrie to read over the sd eight bills, wch hee did. Si y8 pror ds Gor
did underwrite each bill in these words, viz: philad., 7* June, 1700.
This bill being 3 times read was assented to by the Gor Ss Council,
Se yn yrto putt his hand Si y8 seal of y8 province.
Then y8 pror ask't y8 ass : whether they had prepared any other
Bills for his assent, Who answered no.
Then y" ass : brought in to y8 Gor Ss Council the Chart hee had
proposed to ym, wt amendmts, but after a Long debate, Ss nothing
being like to be agreed upon by reason of y8 opposion between y*

588 MINUTES OF THE
upper ds Lower Counties, about the number of members de repsenta
tives charges, ds some other clauses yrof,
The pror Ss Gor, wt y8 Consent of the Councill, putt itt to the vote
whether they wold be governed by y* old Charter ; caried in the
negative. Then hee putt it to y8 vote qther, (since the Chart could not be
agreed upon,) Hee should not reassume the govermt, as it was after
the act of Union, Ss govern by his Lres pats, from king Charles y8 2", ds
on y8 foot of y8 act of Union ; Caried in the affirmative by y8 mem
bers of Council ds ass, except 4 or 5.
Therafter itt was by y8 Gor de Council, ds all the repsentatives in
ass : unanimouslie voted, declared "& assented to, y' all y8 Laws past
att Chester, ds in y8 petion of right, ds all the Laws since made, as
also y8 Law for Confirming ds Continuing y8 Laws of thjs govrm',
made this ss of ass: shall stand, be de Continue in full force de virtue,
as hath been Customarie, untill the rising of the next genral ass, Ss
20 days after, ds no Longer, except such Laws, or pts of Laws, as are
repealed, altered, or supplied by other Laws.
Therafter y8 pror de Gor, upon the motion of a member of ass,
promised y' the clause of y8 Charter relating to proptie should con
tinue as it was before.
Then Jno. Blunston, Speaker, in the behalf of the repsentatives of
y8 people in ass, ds Wm. Bites, in the behalf of y8 repsentatives of
y8 people in Council, for y8 province, Ss Jn° Hill ds Wm. Rodney for
y8 territories, and in behalf of y' people ds repsentatives in Council
Ss ass, and by and with the unanimous Consent of all y8 members
both of Council Ss ass: present, took y8 Charter, Ss delivred itt up to
the pror ds Gor, which hee accepted of att yr Hands and then said:
Friends,, since you wer dissatisfied wt y8 Chart' you had, Ss y' you
could not agree among yorselves about a new one, I shall be easie
in ruling you by the king's Lettrs pats. Ss act of Union, ds shall in
the ruleing of you, Consider my grant from the king Ss you that I
am to rule, and shall from time to time endeavour to give you satis
facon. I advise you not to be easilie displeased One with another,
be slow to anger ds swift to charitie, so 1 wish you all well to yor
homes. The end of the eight ss. of Council de Assemblie.

PROVINCIAL COUNCIL. 589
MINUTES OF COUNCIL IN THE ASSEMBLIE, Anno Ri. Rs.
Gulielmi terty.
,. [14'h October, 1700.
Att a Council Held att Newcastle die Lunas, 14"1 8br, 1700.
present :
The Honble WILLIAM PENN, absolute proprietor of the province
of pennsilvania Ss territories yrto belonging.
Humph. Morry, Thomas Storie, Caleb pussey,'!Joseph Growdon,
Edwd Shippen de Griffith Owen, appearing, signified that having been
of his Council, but now as by y8 sheriffs of Bucks de Philadelphia
Counties y' returns will appear being chosen to serve in ass, desired
a dismiss from y8 Council. The Gor told ym y' for y8 psent hee did
dispense w' their attendance on Council, y' they might attend in ass,
but y' therafter, ds when the ass : was over, Hee expscted yr return
to yr service in Council.
Adjourned to 15th instant.

[IS** Octob', 1700.
Att a Council Held att Newcastle die Martis, 15a instant.
present :
WM. PENN, pror ds Gor, et ysdem ut antea.
Richd. Halliwell ds Jasper Yeates being sent for by y pror & Go',
wer solemnlie attested, took de subt. y8 Qualificaon of Counsellors,
Ss took place att y8 board.

[16,h Octob', 1700.
Att a Council hold att Nswcastls dis Msrcury, 16'" instant.
present :
WILLIAM PENN, prop' & Governo*.
Humph. Morrey, Caleb pussey, Jasp. Yeates.
Tho. Storie, Richd. Hallwell ds
The pror Ss Gor desired y8 secrie to see if the Assemblie wer
readie, who returned y' they wold forthwith wait upon him, wch they.
acbordinglie did.
The Sheriff of Philadelphia Countie his return of repsentatives for
ass : was produced, qrby wer elected Ed Shippen, Gr. Owen, Rould
Ellis, Isaac Norris.
. „ The Sheriff of Bucks his return was produced, qrby yr wer elect
ed Joseph Growdon, Richd. Hough, Sam" Dark, Rob' Heaton.
¦'50

590 MINUTES OF THE
* The Sheriff of Chester his return was produced, qrby y* wer
elected Joseph Baker, Sam" Levis, Natll. Newlin, Nicholas pyle.
The Sheriff of Newcastle his Return was produced, qrby yr wer
elected John Healie, John Grubb, Rob' French, Tho. pierson.
The Sheriff of y8 Countie of kent his return was produced, qrby
ther wer elected Jn" Brinkloe, Richd. Wilson, Wm. Morton, Henrie
Molteston. '4*
The sheriff of Sussex his Return was produced, .qrby ther wer
elected John Hill, Tho. pemberton, Luke Watson, Jr. Tho. Fenwick.
Which psons so returned appearing, subt y8 qualificaon of rep
sentatives in ass. The pror de Gor desired ym to go together ds
choose y' Speaker de psent him.
After some tims, Jossph Growdon, accompanied by y8 whole house
of repsentatives, appeared before y8 Gor Ss Council, 8s acquainted
ym y' they had chose him for yr speaker; who, after hee had disa
bled himself by repsenting his unfittness att such a time ds for such
work, yrfor desired to be excused, de y' y8 Gor wold order y8 ass: to
choose a more fitt pson. The Gor said y' what y8 ass: had done
pleased him. Then yc sd Joseph Growdon desired y' alt all times
they might have access to y8 Gor's pson, ds a favourable construcon
putt on y' words, and freedom from arrests ; wch y8 Governo' grant
ed ; And yn said :
Friends, The calling you att this time was upon urgent occasions ;
you know wee want a frame of govrm' ds a bodie of Laws, wtout
wch societie cannot subsist. ¦ I recomend to you Ihe revisai of y"
Laws ; what to Continue, what to repeal, what to alter, what to
explain, & what new ones is requisit to make. Secondlie, I Reco
mend to you the settling of proptie. 3dlie, a supplie for support of
governmt ; and I rfecomend to you amitie ds concord among yor-
selves. Adjourned to 17th instant.

[171" August*, 1700.
Att a Council Held att N. castle die Jovis, 17'h instant.
present :
WM. PENN, pror Si Go', et ysdem ut antea.
The Gor Ss Council began with y8 Laws made att Chester, y' by
y" Councill's previous examinaon, mending Sr altering yrin what they
thought needfull, ye ass's : work might be y8 more facilitated. H.
Morrey had leave to go home
Adjourned to 18'° instant.
•October.

PROVINCIAL COUNCIL. 591
18lb October, 1700.
Att a Council Held att N. Castle die Veneris, 18f instant.
present:
WM, PENN, pror & Go', et ysdem ut antea.
Griffith Owen St Joseph Baker, from y" ass, desired y* tho writt ds
return of repsentatives chosen for N. Castte Countie might be sent
ym ; wch was done.
The Gor Ss Council Contioned to revise ,y* Laws for y8 dispatch
of y" assembly.
Then y8 speaker Ss repsentatives of ass: (upon a previous message
to y" Gor,) appeared, Ss humble repsented to him Ss Council, y'
upon reading a petion presented to ym by y8 inhabitants of y" 3
lower lOO1" of N. Castle Countie, ds on examinaon yrof, y' they
had no notice of sd election, Ss yrfor, in their house voted yc sd
election void. >
Wherupon, the Gor ordered y8 secrie to issue a new writt, directed
to y8 sheriff of N. castle Countie, to sumon y" Inhabitants yrof to meet
Ss make a new choice of 4 repsentatives for Assembly the 21" instant ;
wch hee did.
The Gor ordered y8 secrie to attend the Comittee of ass: appointed
to revise Ss prepare y" Laws, Ss to explain to ym the observaons ds
alteraons y' hee 8s Council had made yrin. Jasp. Yeates had leave
to go home till 21'* instant.
The pror de Gor recomended to Tho. Storie y8 Consideraons ofthe
Laws about Testates de Intestates estates, de to make report to-morrow
morning. The Gor ds Council proceeded in revising y8 Laws.
Adjourned to 19"4 instant.

[19lh October, 1700. i
Att a Council Held att N. Castle die Sabbathi, 19*° instant.
present :
WILLIAM PENN, propr. 8s Governo*.
Caleb pussey, Rich" Halwell, & , Tho. Storie.
The Gor ds Council Continued to proceed in the examinaon ds
revising y8 Laws in Order to y8 amendmts yrof, both in the fore
Ss afternoon.
Adjourned to 22d instant.

22d October, 1700.
Att a Council held att N. Castte die Martis, 22" instant.

592 MINUTES OF THE
present:
WM. PENN, pror. de Go', et ysdem ut antea.
The Sheriff of ye Countie of N. Castle his return of y8 late writt
directed to him by y8 pror ds Gor for choosing 4 repsentatives in
y sd Countie for ass: was produced, yrby it appeared y' ther wer
elected Richd Hallwell, Jasp. Yeates, Rob* French, Jn° Healy.
Then sd Richd Hal well Ss Jasper Yeates appeared befor y8 Gor de
Council, signifying y' having been of his Council, but now as by y8
Sheriff of N. Castle his return appears being chosen to serve in ass,
requested his dismiss from y8 Council. The Gor granted yr desire
during j8 ss. of assemblie, but yrafter expected yr return to yr duty
as Councillors to him.
Adjourned to 23d instant.

[23d October, 1700. '
Att a Council Held att N. Castle die Mercjury, 23d instant.
psent :
WILLIAM PENN, propr. de Governo', Tho. Storie, Caleb pussey' ds
Humpbrie Morrey-
The Gor Ss Council proceeded in the examinaon de revising the
Laws, and sent y8 Secrie to y8 ass: wt some Bills to ym, by them to
be read ds amended, if they saw cause.
Adjourned- to 2,4*° instant.

[24* October, 1700.
Att a Council held att N. Castle die Jovis, 24™1 instant.
present :
WM. PENN, pror ds Gor, et ysdem ut antea.
The pror Ss Gor sent for ph. pemberton, Wm. Biles de Jn" Blun
ston, who having been qualified to be of y8- Council, took yr places
att y8 board.
Ths Gor ds Council proceeded in the examining, revising &
amending y8 Laws, ds desired y8 Secrie to cary some bills to y8 ass:
for yr concurrence.

POST MERID.
The Gor desired Tho. Storie to prepare a bill for y8 regulaon of
Courts in y8 province ds territories by to-morrow morning, and in y*

PROVINCIAL COUNCIL. 593
meantime proceeded in examining, revising ds amending y' Laws, by
drawing ym up into new bills for y" ass's: Concurrence.
Adjourned to 25Ul instant.

[2510 October, 1700.
Att a Council Held att N. Castle die Vene/is, as* Instant.
PRESENT :
WILLIAM PENN, pror and Governo*. .„.
Caleb pussey, Humph. Morrey, phin. pemberton,
Thomas Story, Jn° Blunston, William Biles.
Isaac Norris Ss. Jno Hill, from y8 ass, presented to the Gor some of
y" Bills hee had sent ym, wt some amendmts, St twice by ym read,
all wch being read ds considred by y8 Gor ds Council, wer sent back
to y8 ass: for a 3d reading ; And in y° meantime, hee Ss Council pro
ceeded in examining ds revising y8 Laws for y" ass's: further ease Si
dispatch. Adjourned to 2&h instant.

[26" Octob', 1700.
Att a Council Held att N. Castte die Sabbathi, 26"' instant.
PSENT :
WM. PENN, pror de Go', et ysdem ut antea.
Tho. Storie exhibited to y8 Gor Ss Council a draught of a Bill for
the regulaon of Courts of Justice ; wch was begun to be read S> con
sidered. Edw11 Shippen ds Jn° Healy psented some bills from y" ass, wch had
been twice read by ym, to be considred of by y8 Governor Ss Council.
Jasper Yeates Si Isaac Norris, from the ass, desired a Conference
with the Council ; which was granted. The Speaker Ss ass: appear
ing, psented to y" Gor Si Council an address, requesting him to
adjourn the ass: for some time, Ss that ph. pemberton, Griffith Jones,
David Lloyd Ss Jn° Moore, be imployed to peuse y'Laws now in force,
in order to amend ym, de to draw up other Bills for y" several occa
sions, Ss desired his Concurrence. After reading yrof, y" Got told
ym y' after hee, Council ds ass: had agreed on y* amendments Si al
teraons ofy" Laws now in force, Se what wer fitt to be continoued,
y* assemblie might then make use of whom they pleased to word
ym. .
'Adjourned to 28"" instant. 50*

594 MINUTES OF- THE
28'n October, 1700.
Att a Council Held att N. Castle die Lunas, 28°' instant..
PRESENT :
WM. PENN, pror Ss Gor, et ysdem ut antea.
The pror de Gor desired :.y8 Secrie to read outt y8 rest ofthe Bill for
regulating Courts, wch hee did ; ds in y8 afternoon it was again begun
to be read over §. by §. ds several addions Ss amendments wer made
yrin. Adjd. to 29th instant..

29" October, 1700. ,
Att a Council held att N. Castle die Martis, 29*° instant.
present :
WM. PENN, pror ds'Gor, et ysdem ut antea.
Ths remaining parts of y8 sd Bill for regulating Courts, both ia the
fore de afternoon, wer read, debated and amended.
Adjd. to 30*° instant.

30"1 October, 1700..
Att a Council Held att N. Castte die Mercury, 30*° instant.
present:
WM. PENN, pror ds Gor, etysdem ut antea.
The Gordesired ths Sscrie to Carry to ye ass: the Bill for regulating
Courts of Justice, for their perusall, which hee did. Two members of
ass : brought y8 Gor ds Council some more Bills by them twice read.
Adjourned to p. m.

Att wch time y8 Gor ds Council having pused y8 remaining bills
sent by y8 ass, 8s by ym twice read, Ordered y8 Secrie to return ym to
y8 ass: for yr 3d reading.
Adjourned to 31'* instant.

31" Octob', 1700.
Att a Council Held att N. Castle, die Jovis, 31" instant.
present:
WM. PENN, pror ds Gor, et ysdem ut antea.

PROVINCIAL COUNCIL. 595
The Gor ds Council proceeded in reading, revising, altering ds
amending the Laws for y" more speedie dispatch of yc ass, & sent ym
some other Bills.
Adjourned to 1* Nov*.

1" Novemb', 1700.
Att a Council Held att N. Castle die Veneris, 1" Nov', 1700.
present:
WM. PENN, pror <fc Gor, et ysdem ut antea.
Two members from y" ass: brought some bills from ym y' had been
twice read, for y8 pusal ofy" Gor de Council, wch wer accordinglie
by ym read ds returned to y8 ass: for a third reading.
Adjourned to p. m.

Att wch time Griffith Jones, in behalf of  Richardson, son of
John Richardson ofy8 Qountie of kent, deced, brought in a draught of
a bill for taking off the attainder of y" sd John Richardson, deced,
and y8 sd Griffith Jones Having been heard how hee could make good
y reasons of his request in sd bill contained, The Gor Ss Council,
after perusal yrof, Comitted y8 further perusal of y8 same to Tho.
Storie, Si ordered him to report y8 reasonableness yrof to-morrow.
Adjourned to 2" instant.

3d Novemb', 1700.
Att a Council Held att N. Castle die Sabbathi, 2"' No', 1700.
present :
WM. PENN, pror ds Gor, et ysdem ut antea.
Tho. Storie gave in to y8 Gor ds Council y8,Bill for taking off y"
attainder aforesaid, wt amendments, wch was read and debated.
Two members of ass: brought to y8 Gor Ss Council some more Bills
for their perusal, which wer by ym read and Considered.
Adjourned to p. m.

Att wch time Gr. Owen Ss Jn" Hill, from y8 ass, brought to y8 Gor
St Council another bill, by ym twice read, for yr perusall. The Gor
desired y8 Secrie to carrie to y8 ass: 3 bills more for ym-to Consider
of. Adjd. to 4lb instant.

596 . MINUTES OF THE
• 4th Novemb', 1700.
Att a Council Held att N. Castte die Lunae, 4"1 instant.
present :
WM. PENN, pror ds Gor, et ysdem ut antea. •*
Gr. Owen ds Rd Halwell, from y' ass, acquainted y8 Gor y1 y8 ass:
desired a Conference wt him Ss Council about the act of Union, which
y8 pror granted to be held att 4 post merid. The Gor caused the
Secrie to read some other Laws y' had been twice read by the assem
blie. Adjourned to 4 p. m.

Att which time Joseph Growdon, Speaker, 8s repsentatives in ass,
held a Conference with the Gor and Council, about y8 act of Union,
Ss that it was in force.
Adjourned to 5*° instant.

[5th Novemb', 1700.
Att a Council held att N. Castle 5"> Novemb', 1700.
present :
, WM. PENN, pror ds Gor, et ysoem ut antea.
Jasp. Yeates ds Is. Norris, from y8 ass, desired another Conference
with y8 Gor ds Council about y8 act of Union, wch hee granted. The
Gor ordered y8 Secrie to Carry all y8 remaining Laws y* had been
twice read by ye ass: to ym, wch hee did.

Aftnoon y8 Gor ds Council proceeded to prepare some other bills to
be caried to y8 ass.
Adjourned to 6*h instant.

[6th Novemb', 1700.
Att a Council Held att Newcastle 6"1 Novemb', 1700.
PRESENT :
The pror ds Gor, et ysdem ut antea.
The pror de Gor sent by y8 Secrie some other bills that had been
twice read by the ass: for y' Concurrence. Edwd Shippen Ss Richd
Hallwell, from ye ass, brought to y8 Gor de Council 26 bills by ym
thrice read, for y' assent. r,

PROVINCIAL COUNCIL. 597
POST MERIDIEM.
Two members of ass: brought from ym some more Bills that had
been by ym thrice read, for y8 Gor ds Council's assent.
The pror & Gor ordered Rob1 Ashton ds James Logan, to ingress
y8 Laws sent by y8 ass, de by them trice read*, in order to be past into
Laws. Adjourned to 7" instant.

[7* Novemb', 1700.
Att a Council Held att N. Castle die Jovis, 7th instant.
present :
WM. PENN, pror de Gor, et ysdem ut antea.
Rob' French Ss Gr. Owen brought to y8 Gor ds Council some more
Bills past y* asst thrice, for y assent, ph. pemberton de Tho. Storie
wer by y* pror Ss Gor sent to y8 ass. wt some Laws y' had been
brought to ym from ass: thrice read, with some amendments.

P. M. Two members brought from y8 ass: some more Bills y' had
been by ym thrice read, for y* Got ds Councill's Concurrence, wch
wer read.
Adjourned to 8°' instant.

[&" Novemb', 1700.
Att a Council Held att N. Castle die Veneris, 8*" instant.
PRESENT :
WM. PENN, pror Ss Gor, et ysdem ut antea.
Gr. Owen ds R' Frencn, from ye ass, delivred a message To y8 Gor
ds Council, desireing y8 Law of Seven years Quiet possession to qon-
tinoue as before.
The Gor desired ym to acquaint the ass: that hee desired a Con
ference wt them about that and some other Bills.
Adjourned to 9* instant.

[9th Novemb', 1700.
Att a Council Hsld att N. Castle die Sabbati, 9a instant.
PRESENT :
WM. PENN, pror Ss Gor, et ysdem ut antea.

598 MINUTES OF THE
Jn° Hill Se R' Heaton, from the ass, desired a Conference wt Gor
8s Councill about y8 Bill of 7 years Quiet possession ; ;wch hee grant
ed. The Speaker 8s ass: appearing, Ss after Conference y bill was
returned to y8 ass. .. «
Ph. pemberton & Jn" Blunston wer, sent by y" Gor Ss Council
to y8 assemblie with 3 more billsj»8s to desire ym to dispatch. The
Gor paused the Secrie to read y" Laws y' had been thripe read by
y8 ass ; wch hee did.
Adjd. to p. m.

•*'•'
Att wch time Tho. Fenwich & Sam1 Dark brought some Bills
from y8 ass, by them thrice read, for y8 Gor ds Councill's Con-
currence.rv- ph. pemberton ds Tho. Storie wer by y8 Gor sent to y8 ass, to ex
plain to ym some amendments they had made in some Bills y' y8 ass:
had sent to ym.*
Adjourned to 11th instant.

11"' Novemb', 1700.
Att a Council Held att N. Castle die Luna?, ll01 instant.
present :
WM. PENN, pror ds Gor, et ysdem, except Wm. Biles.
Jno Hill Ss Jos. Baker brought some Bills from ass: for Gor Ss
Councill's Concurrance, wch having been read, wer returned to ym
for y8 3d reading, ph. pemberton de Tho. Storie wer sent by y8 Gor
to y8 ass: wt some new Bills. « *
The pror de Gor sent y8 Secrie to y8 ass: wt the Bill about the post
^office, for y' Concurrence yrin, and sent 2 ofy8 Council to y8 ass, de
siring a Conference wt ym about eertain Laws; which was granted.
Adjourned to 12"1' instant.

12th Novemb', 1700.'
Att a Council Held att N. Castle die Martis, 12"1 instant.
v , present: *
WM. PENN, pror Ss Gor, et ysdem ut antea.
Sam1 Lewis Ss Tho. Fenwick brought some bills from y" ass: that
had been thrice read by ym, for the Gor Ss Council's Concurrence.
Adjourned to 13* instant.

, , PROVINCIAL COUNCIL. 599
IS" Novemb', 1700. , *
Att a Council Held att N. Castle die Mercury, 13,h instant.
present:
WM. PENN, pror ds Gor, et ysdem ut antea.
The Gor Ss Council proceeded to prepare some Laws to psent to
the assembly, dec.
Adjourned to 14" instant.

141" Novemb', 1700.
Att a Council Held att N. Castle die Jovis, 14th instant.
- " present:
WM. PENN, pror ds Go', et ysdem ut antea.
Jn" Blunston ds Caleb pussey wer by y8 Gor sent to ye ass: with
some bills and amendments.
Adjourned to 15th instant.

15a Novemb', 1700.
Att a Council Held att Newcastle die Veneris, 15th instant.
present :
WM. PENN, pror ds Gor. et ysdem ut antea.
Edwd. Shippen, Richd. Halwell, Jasp. Yeates, de Isaac Norris,
brought two bills y', had been three times read, for y8 Gor ds Council's
Concurrence, and delivered to the pror ds Gor y8 frame of govermt
wt y amendts yrof, for his pusall.

POST MERIDIEM.
Jn° Hill Ss John Healy brought some bills lo y8 Gor Ss Council that
had been twice read-by y8 ass.
Adjourned to 16*h instant.

16"1 Novemb', 1700.
Att a Council Held attN. Castte die Sabbathi, 16 instant.
present:
iWM. PENN, pror Ss Gor, et ysdem ut antea.
Jn° Blunston, a member of this board, had leave from y8 pror
Gor to go Home.
Adjourned to 18*h instant.

600 MINUTES OF THE
IS0" Novemb', 1700.
Att a Council Held att Newcastle die Lunse, 18fl' Nov*, 1700.
PRESENT :
WM. PENN, pror ds Gor, et ysdem ut antea.
Tho. Fenwick ds Nicho. Newlin, brought from y'ass: foure Bills
that had been three times read, for their Concurrence. The pror &
Gor desired y8 Secrie to Carry back to y8 ass: y8 bill about y preser
vaon of his pson, wt some amendmts.
Jasper Yeates ds Isaac Norris brought to y" pror ds Gor y8Bill of
propertie from y'.ass ; wch was read, dsy8 Consideraon yrof deferred
to post meridiem. .
k
Att wch time y" pror & Gor desired y8 Secrie to read over y8 bill of
proptie; wch was done, and some part of it debated.
Adjourned to 19"1 instant.

19" Novemb', 1700.
Att a Council held att N. Castle die Martis, 19" instant.
present :
WM. PENN, pror de Gor, et ysdem ut antea.
Foure members of ass: acquainted y8 pror ds Gor y' y* ass: could
not agree about y8 upper ds Lower Counties proporons about y8 bill
of support of govermt; wheron y8 pror Si Gor desired a Conference wt
y8 ass: on y' affair; Which they accordingly had.
Adjourned to p. m.

Att wch time, Upon reading the petion of James Sandilands of
Chester town, to the  .

Adjourned to the 20th instant.
t >

[20th Nov', 1700.
Att a Council held att Newcastle die Mercury, 2001 instant.
present:
WM. PENN, pror & Gor, et ysdem ut antea.
Tho. Fenwick S/ Nicho. Newlin, from y8 ass, desired y8 Gor to
appoint a member of Council to meet with two members of ass,
to compare y8 Laws y* wer ingrossed ; who accordinglie appointed
Caleb pussey.
Adjourned to 21s' instant.

PROVINCIAL COUNCIL. 601
[21* Nov*. 1700.
Att a Council held att N. Castle die Jovis, 21" instant.
present :
WM. Penn, pror ds Gor, et ysdem ut antea.
The' Gor and. Council did Consider some other branches ds parts
ofy" Bill of proptie, and debated y8 same.
Adjourned to 22d instant.

[22d Nov*. 1700.
Att a Council Held att N. Castte die Veneris, 22d instant.
present :
WM. PENN, jpror Si Gor, et ysdem ut antea.
THe pror Ss Gor did further Consider y8 Bill of proptie & ssnt
y8 secrie to the ass. to desire a Conference w' ym about y8 same y8
23d instant.
Adjourned to 23d instant.

[SS" Novemb*, 1700.
Att a Council Held att N. Castle die Sabbathi, 23d instant.
present :
WM. PENN, pror de Gor, st ysdsm ut antea.
The Ass: appeared, 8s the pror ds Gor delivred to the Speaker in
writting some objections ag* some pts of y8 Bill of proptie, for y*
Consideraon, ds after soihe ansrs made by the ass: yrto ; The
Speaker delivered to'y8 pror ds Gor the Bill for raising monie for
support of govrmt ds depted to yr owne house.
The pror Ss Gor caused y8 Secrie to read y8 sd bill for support,
&c, which hee'" did, 8s after some amendmts yrof the Gor desired
Jn". Blunston to carrie it to y8 assemblie for their Concurrence.
Adjourned to 25th instant.

[25"1 Novemb', 1700.
Att a Council Held att N. Castte die Lunae, So"1 instant.
present :
WM. PENN, pror ds Gor, et ysdem ut ante.
Two members from y" ass : related to y8 Gor, some objections they
had ag* y8 Bill of proptie, wch y8 Gor satisfied ym in, ^ desired they
wold acquaint y8 ass: y' they wold make what ha^t they could to
draw to an end by reason of y8 hard season, andnis indisposition of
bodie. Adjd to p. m.

602 MINUTES OF THE
Att wch time 2 members from y" ass : brought to y8 Gor 8s Coun
cil the Bill of proptiei y" Bill for y° support of ye Govrmt, de a Bill
for a Bridge over Chester Creek, thrice read, Se desired his Concur
rence yrin. The pror Ss Gor desired y8 secrie to gett _,y" sd 3 Bills
ingrossed, Ss y' they might, with the other Bills be Comped. by y'
appointed members ,of Council 8s ass : in order to be past into laws.
Adjourned to -2 7*" instant.

[27*b Nov' 1700.
Att a Council held att Newcastle die Mercury, 27*.
present:
WM. PENN, pror de Gov, et ysdem ut antea,
The prouSs Gor sent \8 secrie to the ass, desiring the Speaker &
y" whole House of repsentatives to wait upon him in ordr to have y8
Laws past.
Accordinglie they appeared, Ss y8 pror 8s Gor caused y8 Secrie to
read the titles of all the Laws y' had been engrossed in number 
Contained in —  sheets of paper, 8s askt y8 member of
Council, Caleb Pussey Ss y8 members of ass: Jasp Yeates Si Isaac
Norris, whether they wer satisfied y' y8 titles read wer the titles of
ye Laws they had Comped, St that they wer trulie ingrossed, who
answered y' they wer satisfied with both.
Wherupon, after y8 pror had caused ye sd Laws to be signed by
y8 Speaker Joseph Growdon, in name Ss behalf of y8 assemblie, &
had Caused y8 great seal to be appended to y8 same — Hee openlie, in
presence of y8 Councill de assembly, declared the same to be the
Laws of the province of Pennsilvania 8s the Territories y'to belong
ing, according to yB kings Letters patent, granted to Him und' ye great
Seal of England. And did prorogue this Assembly to ye first of
April next, but said hee wold not Call ym together till the eighth
moneth came, twelve moneth without a Verie emergent occasion.
END OF VOL. I.