Page images
PDF
EPUB

him by Tamance & Hithquoquean, to be keept for ym till they should call for them.

The Leivt. Gor told Mr Budd, that he was much to blame for giving his Informaon first to the Justices, (who never acquainted him of it, nor of his Informaon,) especiallie since it concerned the peace of the province in Generall, & for yt hee came not to him till hee was sent for, and that if hee Comitted the Like again hee should not goe unpunisht, & soe dismist him.

Then the Lt. Gor (by Lawr Cock, esqr. interpreter,) answered the Indians: You did verie prudentlie to Consider well how you entred in a warr wtout advice & consent of their Maties of great Britain's Chief Gor here, who is Governor of New York. I heare there are sober & wise men among you, & ther's an old man who cannot come down, who can give you good Councill, & 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, & I assure it's not or design yrby to make warr upon you, nor upon any others; but thereby to be in a Capacitie and readiness to defend orselves and you from or & yor Comon enemie the French, if they should happen to assault us or you.

His Excellie the Gor of Newyork is also Chief Governor, & came hither to see what men and monie he could raise for the defence of Albanie the frontiers from the French & Indians; Hee caried some monie with him but suffered or men to stay att home to defend ymselves & their Countrie agt the french. While here He enquired how or Indians and wee Christians agreed; We answered that for manie years wee had Lived as brethren. He desired wee might Continou our friendshipp, for said hee, The enemie of one is the enemie of both. The Leivt Governor also said: If the Senekaes send again to you doc you send to me, and Ile send an express to Newyork, and His Excellie will take care that the Senekaes shall doe you no injury. Soe they all departed, verie well satisfied with the Lt. Governor's

answer.

[2d August, 1694.

Att a Councill Held att philadelphia the 2d day of August, 1694.

PRESENT:

COLL. WILLIAM MARKHAM, Esqr. Leivt Governor.

[blocks in formation]

Pat Robinson,
Wm. Clarke, S esqrs.

}

The Lt Gor produced to the Councill an ordr to him from his Excellie the Chief Gor, Requiring him upon receit yrof, yt hee Cause Charles Sanders, esqr. to be Sworn one of the Councell of the province of pennsilvania & Countrie of Newcastle; Which was accordinglie done: And the sd Charles Sanders having taken the oaths appointed by act of parliament to be taken in stead of the oaths of allegiance and Supremacie, & subscribed the Test, Took his place att the board accordinglie.

10th August, 1694.

Att a Councill Held att philadelphia the 10th of August, 1694. COLL. WILLIAM MARKHAM, Esqr. Leivt Governor.

Andr Robeson,

Robt Turner,

pat. Robinson,

[blocks in formation]

Charl. Sanders,

Esqrs.

William Clark, Esqr. exhibited an Informaon to the Leivt Governor & Councill, setting forth that att a Councill held att philadelphia on the 10th of augt, in the sixt year of yr

Maties reign, before the Lt. Gor & the rest of the members of their Maties Councill, personally appeared the sd Wm. Clarke, esqr, Collector of their Maties Customes in the sd province & Territories, who (as well on the behalf of ye king & Queen as of his Excellie, the Governor of ye sd province, as also on the behalf of the sd Wm. Clarke,) in this Case prosecutes, gave the Councill to understand & be informed yt hee, the sd Wm. Clark, had on ye 21st of July Last, att Lewis, in Sussex Countie, in the Countrie aforesaid, seized on sundrie goods, wares, Comodities and merdizes imported thither, of the growth, production or manufacture of Europe, wch were not bona fide & without fraud laden & shipt in England, Wales, or ye Town of Barwick upon Tweed, & in English built shipping, or wch were bona fide bought before the first day of October, 1662, & wherof the Mr & three fourths of the mariners att least, are English, & caried direclie thence to ye Lands, islands, plantaons, Territories and places to their Maties belonging in Asia, Africa or America, Tangier onlie excepted, and from no other place or places whatsoever: As also, that hee, the sd Informant, had Likewise seized on sundrie other goods & merdizes for which their Maties Customes & duties were not dulie & trulie paid, (the particulars qrof are, viz: One small bale of fine Linnen, 2 baggs of Cocco nutts, 14 peices painted Callico's, 14 peices Strypt Linnen, 2 peices of figured Linnen & woollen, 2 peices of Strypt Linnen & woollen, One Remnant of ferrandine, 15 Cards of Lace, One bagg of Cinamont, 15 papers of silk, 13 peices of Holland or white Linnen, One Remnant of alamode Silk,) Contrarie to the Laws and Statutes in that Case made and provided: And therfore, the sd Informant Craves the Judgment of the Councill agt y sd goods and merdizes, & whether they ought not to be forfeited & disposed of, according to the direction of the aforesaid acts of parliamt. 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, Judgmt past agt the sd goods, wares, and merdizes, that they were forfeited, and that they should be disposed of According to Law.

Ordered that the Secrie Issue a warrtt to George Heathcote, philip Richards, & Jno Whitpain, Mertz, or any two of ym, forthwith, upon their oath or attestaon, to apprize & Value the said goods, & to make return yrof into the secries office, wch was accordinglie done: And which aprizers made Return of the sd warrt into the sd office, &

valued the same att eightie-two pounds monie of this province, as the sd warrt & return yrof, undr the hands & sealls of ye sd philip Richards & Jno whitpain remaining on the files of Councill, more att Large proport.

Att the same Councill, psentibus ut antea & Wm. Clark.

A Lettr from Jno Brinkloe, Geo. Martin & daniell Jones, esqrs., Some of the Justices of peace for the Countie of kent, dated 4th Augt, 1694, was read, qrin they Signifie to the Lt. Gor yt att the time when their Last Courts of quartr sessions & Comon pleas should have been held, according to their Last adjourment, The sd Geo. Martin & daniell Jones appeared att the place appointed, & wer willing to hold Court, but Jno Curtis, another of the Justices, wold not sitt, & Jno Betts, another Justice, sent word by a Constable yt hee wold never sitt there, meaning att James Maxwell's, att the Head of Jonos's, wherfor they look on yr Comission void; And there being severall actions of moment depending, they request the Lt. Gor to give new Comissions. The Lt. Goe desired the advice of the Councill therin.

It was the Unanimous Opinion of the Lt. Gor & Councill, that his Excellies Comission, both for the Quartr ss. & Comon pleas to ye sd Countie of kent, are in force, notwithstanding the sd Justices neglect.

Resolved, that an ordr be sent to the Justices of ye peace of the sd Countie of kent, from the Leivt Governor, to hold their Courts accordinglie.

Ordered that the provinciall Judges in their next Circuit, doe Inspect and Inquire into the disorders in the Countie of kent, in references to the times & places of holding their Courts, & to see what may be the most proper place in the sd Countie to hold their Courts in, for the most Universall ease of the sd Countie, and to make report to the Leivt Gor & Councill.

The necessitie of a provinciall Judge in the room of Jno. Cann, Esqr. deced, was urged to the Lt. Gor., there being manie appealls depending to be tryed in 7br next, which if delayed to be tryed would give occasion of Complaint.

THe Leivt Governor named Anthonie Morris, esqr. a fitt person to discharge yt trust, which was agreed to by the Councill, & orders hee should take the oaths & test next sitting of the Councill, & yt a Comission be prepared for him.

4th Decembr, 1694.

Att a Councill Held att philadelphia the 4th day of december, 1694.

PRESENT:

WM. MARKHAM, Esqr., Livet. Governor.

Robt turner,

pat. Robinson,

[blocks in formation]

Upon reading the petion of Andree doze & others, setting forth that they having obtained two Judgts agt Samll peres, for 1391 & 101

damages, wt cost of sute, & yt y° Lt. Gor Having putt a stop to the execuon till his Excellies pleasure should be further known, yrfor requesting y Lt. Gor would decide the bussines according to his Excellies directions, to prevent their ruine.

It was ordered yt the sd Samll peres should give fresh securitie to the petitioners in 300b. to satisfie and pay ym all such sums of monie, costs, damages & charges as hee should be adjudged to pay, & to be Condemned in by the sentence of the Leivt Gor and Councill upon the sd appeall, who accordinglie became bound with Samll Holt, by obligaon bearing date 4th decembr, 1694, in ye sd sum of 300lb, & yt as full a Councill as could be gott be Sumoned for decyding ye sd matter.

25th December, 1694.

Att a Councill Held att philadelphia the 25th day of december, 1694.

PRESENT.

WM. MARKHAM, Esqr., Leivt. Governor.

Robt Turner, Esqrs.
}

Lacey Cock,

pat. Robinson,
Ch. Sanders,

Esqrs.

The Lt. Gor produced to the Councill an ordr to him from His Excellie the Chief Governor, requiring him upon receit yrof, that hee Cause Griffith Jones, Esqr. to be sworn one of the Councill of y province of pennsilvania & Countrie of New castle, wch was accordinglie done and the said Griffith Jones having taken oaths appointed by act of parliamt to be taken in stead of the oaths of allegiance & Supremacie, & Subt the test, took his place att the board accordinglie.

Samll peres appearing before the Lt Governor & Councill, did exhibit to ym a receit undr y° hand & seal of Andree doze, for himself & as attornie for Jeffrey Martin, Mathurin Sampson & peter Morreau, qrin hee released & discharged him, ye sd Samll peres, from all legacies left unto ym by peter debuc, & from all suits, Judgments or execuons by ym, or anie of ym, obtained agt him, and 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 yo 22d day of decembr. 1694, & Sealed & delivred in presence of david LLoyd & Jno Claypoole, & acknowledged upon the back yrof to be the act & deed of ye sd Andree doze, before pat Robinson, Secrie, And yrfor Requesting his bond of 300lb to be delivred up to him Cancelled: Which was accordinglie done.

THe Secrie exhibited to the Lt. Gor & Councill the Copie of the record of the provinciall Court held for & in kent Countie, the 9th, 10th & yth dayes of Octobr, befor Wm. Clark, Edward Blake & Richd Halliwell, esqrs., making mention yt an ordr from the Leivt Gor & Councill being read, for the provinciall Judges to inspect & Inquire into the disorders of the sd County of kent, in reference to

y 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 ease of the sd Countie.

THeir Report (in ansr to the minute of Councell the 10th of augt., 1694,) was, That the matter being largelie debated by the Judges & Justices of the sd Court, the grand Jurie, & severall persons of the sd Countie being then present, It was Unanimouslie agreed upon that for the future the sd Countie Courts should be held & 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 & 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 & COUNTRIE OF NEWCASTLE, 10 APRILL, 1694.

Minutes of Councill in the Assemblie; Anno R. Ret. Ræ.

Willielmi et Mariæ, Num Angliæ Sexto.

Att a Councill Held att Philadelphia on Tuesday the 10th day of Aprill, 1694.

PRESENT:

COLL. WM. MARKHAM, Esqr., Livet. Governor.

[blocks in formation]

His Excellie Benjn Fletcher, the Chief Governor's Lettr to the Lievt Governor and Councill, bearing date the 26th of March Last was read, which is as follows:

"Gentl., I did resolve to meet you & the Assemblie the 10th of Aprill next att philadelphia, and was to sett out from hence to-mor"row Seven-night, but that by Later intelligence from Albanie, I am "advised of other messengers from Canada come to draw over or In"dians, as is pretended, to hold a Conference with Count Frontiniac, "concerning peace, Whereupon or Sachems are verie desirous forth"with to see mee thither. The Councill being of opinion that this "Service is first to be attended, I think ffitt to adjourn the Assemblie "of pennsilvania and Newcastle to the first of May next ensuing, "And require the Leivt Governor by these pnts, to adjourn the sd "Assemblie to the first of May next accordinglie. I shall endeavour "to be with you then. I desire the Representatives of the remoter "Counties to be Imediatelie wrote unto not to give themselves the "trouble of Setting out 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

« PreviousContinue »