more effectuall remedy, and the ordinaries or Houses of entertainment be reduced to a Less number, & and that all such as have not alreadie given good securitie for keeping good orders, and discharging the place according to Law, be speedilie required so to do or otherwise to be suppressed, & for the future that the Justices in the Quarter Sessions in each Countie may have the approbaon, if not the Licensing Ordinarie keepers throughout the government.

The which report being read in Councill, It was put to the vote by the Gor, Whether they approved yrof, & whether they esteemed it to be a proper ansr to the sd Lettr. It was Caried in the affirmative, N. C.

Then the Gor did Resolve the whole members of Council Into a grand Comittee, to draw up a proclamaon to suppress forbidden trade & unlawll piracie, the growth of vice & Loossnes, & to regulate & reduce the ordinaries, untill severer Laws can be made agt such enormities, & to bring in their report & a draught of a proclamaon to the Gor & Council the 12th instant.

Adjourned to the 12th February, 1698.

[12th February, 1697-8.

Att a Council Held att philadelphia die Sabbatti, 12th Febry, 1697-8.

PRESENT:

WM. MARKHAM, esqr., Gor., et ysdem ut antea, except Richard Halliwell.

Joseph Growdon, Chairman of the Comittee appointed to draw up the sd proclamaon, &c. Exhibited to the Govr and Council a draught yrof; which having been read and some amendments therein made, It was by y Gor putt to the vote, whether the members of Council did approve yrof or not. It was carried in the affirmative, N. C., wch was in these words:

By the Governor and Councill of the province of Pennsylvania & Counties annexed: A proclamaon.

Whereas, or proprietary Hath Latelie given us to understand of sundry accusaons or Complaints agt this governmt, for Conniving att illegal trade and Harbouring of Pirates; as also, of the reports that are come for England about the growth of vice and Loossness here: As to the former, its evident that they are the effects of the envy and emulation of those who by such unfair and indirect means wold accomplish their designs agt this governmt, for that wee are satisfied, the generality of the people, merts, and Traders of this. province & territories, are innocent and clear of those imputations: and this Countrie being so posited, Philadelphia is become the rode where sailors and others doe frequentlie pass and repass between Virginia and New England, that it cannot be avoided but the bad as well as ye good will be entertained in such an intercourse; and since Comon charity obliges us not to presume any person guilty, (especiallie of such great enormities) till by some legal probabilitie they

appear so to be, and tho' wee find that the magistrats and people in general are and have been ready, & perhaps more active and Conscientious, to serve y king and his officers agt all unlawll trade and piracy, when any such offences have by any means come to their knowledge, than any of those neighbouring Colonies who have been so Querimonious agt 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 be no just cause for such Complaints. And as concerning vice, Wee also find that the magistrats have been carefull and diligent to suppress it, but their endeavours have proved sometimes Ineffectual yrin, by reason that the Ordinaries or drinking houses, especiallie in Philadelphia, grew too numerous, and the keepers yrof disorderlie and regardless of the tenor and obligaons of yr Licenses, whereby they prove ungrateful to the Governor, and a reproach to the governmt. Therefore, these are strictlie to Charge and comand all magistrats and officers whatsoever wtin this Province and territories, as they regard the honor of God and their allegiance to the king, faithfully to put in execuon all the acts or Laws of trade and navigaon; And also, all the Laws and statutes extant agt piracy, when ever they be any such occasion, and to use their utmost diligence and care in preventing, suppressing, and punishing all vice, disorders & Looss living, whersoever and in whomsoever it shall appear. And that end it is by the Governor and Council ordained, that from and after the first day of March next, the Justices of y peace of each countie in this province and territories, at their rexive General or private sessions, may nominate and pitch upon such, and so many ordinarie keepers or Inn holders within their rexive Counties, as they shall be well assured will keep good orders and discourage vice; And the Governor is pleased to condescend that hee will Licence those so approved of by the Justices, and will permitt no other to keep Taverns, Inns, or Drinking houses within this governmt, but such as shall be so Recommended from time to time. And wee further strictlie Charge and comand all persons within this governmt, as they will answer the contrary att their peril, that they give due assistance to the magistrates and Officers aforesaid, in putting the sd Laws in execuon, and suppressing vice, that the wrath of God & the king's displeasure may not be drawn upon this poor country. Dated at Philadelphia, this 12th day of the 12th mo., 1697-8, in the year of the reign of Wm. the 3d of

England, king.

Wherupon, It was ordered By the Governor and Councill, that the Secry. should forthwith write six of ym, one for each Countie, & should Subscribe the same as Secry, by Order of the Governor and Councill & transmitt one of ym to each Countie, directed to the Justices yrof, and that they should forthwith publish ye same in their rexive Counties, & then put ym up in the most Publick place thereof rexivelie, that all persons Concerned might take notice yrof.

Upon reading the petition of Wm. Southbee & other Inhabitants of Philadelphia, to the Governor & Councill, requesting ym to

place Officers of good repute & Christian conversation, and to cause tables of all Officers fees to be Hung up in their offices, & that they wold reduce the number of Ordinaries and better regulate ym, and to cause the Laws of the Province to be put in execution, and Cause stock and Cage be provided, & to suppress the noise & drunkenness 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 Governor & Council referred to the Justices of ye Peace for ye Countie of Philadelphia, for a speedie and effectual remedy of y abuses yrin Complained of.

Upon Reading the petion of Edward Shippen, Anthony Morris, Charles Sober, John Farmer, James ffox & Samll Richardson, Justices of ye peace for the sd Countie, agt Jno Claypoole, who is and is Like to be incapable to serve y° Countie either as Clark or Sheriff, by reason of his lameness and misbehaveour, &c., and yrfor desiring the Govr to permitt ym to pitch on some others to serve as Clerk & Sheriff for ye Gors approbaon, who may be better able & more reputable to discharge those places.

The Governor bid ym recomend a Clerk & hee would comissionate him, & a person to serve as sheriff during Jno Claypoole's illness, & yt he wold comissionate him; & said Hee would give the justices an ordr to cause Jno Claypoole deliver to ym the books of records and papers relating yrto, The Justices being willing to take the pains to make up the records of Court.

Upon reading the petion of peter Clauson, Cooper, Setting forth, that hee had been Long since apprehended, & 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 Libertie to depart the governmt, & that his goods may be redelivered. Ordered, That the examinaon of John Matties, in relaon to the petitioner's being taken out of a deans vessel by Capt. Avery, be further inspected, & a further Consideraon of ye petitioner's case referred to the next sitting of Council.

PETITION. Upon reading the petion of Samll Carpenter, Edward Shippen, Anthony Morris, James ffox & david Lloyd, William Southbee & John Jones, in these words, viz: To the Governor & Council of the province of pennsilvania & territories yrof, sitting att philadelphia, the tenth day of the 12th mo., Anno domi, 1697-8. The Humble petion of Samll Carpenter, Edward Shippen, Anthony Morris, James ffox, david Lloyd, William Southbee & John Jones, in the behalf of themselves & the rest of the people called Quakers, who are members of the monethly meetting, holden & keept att the new meeting house, lately built upon a piece of ground fronting the High-street, in philadelphia aforesaid, obtained of the present Governor 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 poor children may be freely maintained, taught & educated in good Literature, untill they are fit to be put

out apprentices, or Capable to be masters or ushers in the said school.

And for as much as by the Laws & Constituons of this governmt, It is provided & enacted That the Governor and Council shall erect & order all publick schooles, & encourage & reward the authors of usefull sciences & Laudable inventions, in the said province and Territories, Therefore, may it please the Governor & Council, to ordain and establish that at the said town of philadelphia a publick schoole may be founded, where all children and servants, male & female, whois parents, guardians & masters be willing to subject ym to the rules & 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 & schooled for nothing. And to that end a meet & convenient house or Houses, buildings & rooms, may be erected for the keeping of the said schoole, & for the entertainment & abode of such & so many masters, ushers, mistrisses, & poor children, as by the order & direction of the said monethly meeting shall be Limited & appointed from time to time. And also, that the members of the aforesaid meetting for the time being, may, at yr 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 & poor children of ye sd school, and the same persons, or anie of ym, to remove and displace, as often as the said meeting shall see occasion. And that the overseers and schoole aforesaid, may for ever stand & be established & founded in name & in deed, a Body politick and Corporate, To Have Continuance for ever, by the name of The Overseers of the publick schoole founded in Philadelphia, at y request, costs & charges of the people of God called Quakers. And that they, the said overseers, may have perpetual succession, and by that name they & their Successors may forever have, hold & enjoy, all the Lands, Tenements & chattells, & receive & take all gifts & Legacies, as shall be given, granted or devised for the use & maintainance of y° said School & poor schollars, without any farther or other License or authoritie from this governmt in that behalf; Saving unto the Chief proprietor His Quitrents out of ye sd Lands. And that the said Overseers, by the same name, shall & may, with Consent of the said meetting, have power & capacitie to demise & grant, by writting, under their hands & Comon seal, any of the sd Lands & tenements, & to take & purchass any other Lands, tenements or Hereditaments, for the best use & advantage of the said schoole. And to prescribe such Rules and ordinances for the good order & governmt of the same schoole, & of the masters, ushers, mistrisses, and poor children successively, & for their & every of their stipends & 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, & to do, perform & execute all & every other Lawful act & thing, good and profitable for the said schoole, in as full & ample

manner as any other body politick or Corporate, more perfectly founded and Incorporated, may doe.

The Governor and Council doe grant this petition as is desired. Commission to Fran. Nicholson, To appoint Judges, Registers, Marshalls & advocats for the Court of Admiralty of pennsilvania upon vacancie, &c. 26 June, 1697.

Locus Sigilli Admiralitatis Angliæ.

WILLIAM THE THIRD, by the grace of God, king of England, Scotland, France & Ireland, defendr of the faith, &c. To our well beloved Francis Nicholson, esqr. our present Governor of Mary Land in America, & to the Gor 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 undr our Imediate authoritie in the west Indies, as in the several proprieties Contained in the Comissions to the 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, The said Governors should in such case be impowered to appoint Judges, Registers, marshalls & advocates, not onlie in the sd admiralty Courts of their owne 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 undr our Imediate authoritie in the west Indies, & also in the several proprieties Contained in the Comissions to the Governors of the said provinces, and by these or Letters patents & Comission, particularlie to provide for or Courts of admiraltie of Maryland, pennsilvania & west Jersey, have thought fitt to Impower, & do by these psents Comitt & grant unto you, or present Governor of Maryland, & to our Governor of Maryland for the time being, full power and authoritie to appoint Judges, Registers, marshalls & advocates for or admiralty Courts of Maryland, pennsilvania & west Jersey, upon any present vacancie of anie of these offices, or when there shall happen any, either by the death or Legal disabilitie of those who are or shall be in the possession of the same. And wee do Hereby Require you or present Governor of Maryland, & or Governor of Maryland for the time being, to transmitt as soon as possibly you can, to or Lord High Admiral of England, or to or 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 ordr to their being approved or disallowed of: In wittness wherof, wee have Caused the great seal of or High Court of Admiraltie of England to be hereunto affixed. Given at London, in or sd Court, the six & twentieth day of June, in the year of or Lord one thousand six Hundred ninty-seven, & in the ninth year of or reign.

ORLANDO GEE, regr.

The great seal of the High Court of Admiralty of England is sub-pended. [LOCUS SIGILLI.]