desired he might be attested accordingly, to performe his office as usuall, wch was don.

A letter from Wm. Clark, no date, in answer to a Summons sent to him baring date y° 11th 5 month, 1685, was read.

Samll Carpenter being present, who desired ye Opinion of ye Councill whether James Claypole ought now to give in Security and appeale 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 ye Contrary opinion, begg'd that he might have Speedy redress here. Then Samll Carpenter was asked whether any body had Refused to Execute that Execution: answered no, for he had not tryed any with it yett.

Then y Councill gave their Opinion that Wm. Clark's letter Confirmed y Execution, he only objecting against ye Wording it, the wch in his Sense, seemed to be as well against James Claypoole as against ye Goods of ye Society, wch to them appeared otherwise, Vizt: that James Claypoole was only mentioned therein as y Person yt managed ye Cause for y° Society.

Samll Hersent, ye Sherriff, being at y° Doore, the Councill Called him in & asked him if he refused to serve y° Execution of Samll Carpenter against ye Society; who made answer he never saw it.

John Skull appeared with ye Servants of Jasper ffarmer, according to a Summons bearing date ye 27th Inst., but ye Indians being drunk in ye woods, & the Servants declaring they were affraid to goe home before y Business was Ended, ye Councill ordered they should Stay in Towne till ye next day, when ye Indians were to be in Towne to Receive pay for ye Land bought of them.

Adjourned till Three in ye afternoone.

POST MERIDIEM.

Wm. Dearing being called, desired leave of the board that Charles Pickerin might speake for ye Servants, wch was granted. The Councill requested yt ye Secretary give a Comission to Samll Carpenter, By y Virtue of his Comission to be Deputy Treasurer.

A Letter was Read by ye Presidt, Directed to him from John Richardson, desireing Capt. Holme to Recomende him to ye Councell to be High Sheriff of Kent, in the Roome of Rich. Micheall, lately deceased, but was refused by all.

A Letter was Read directed to ye Councill from John Brinklow, Wm. Clark, Wm. Berry and Wm. Wimsmore, Recomending Geo. Marton for ye place of High Sheriff of Kent County, in ye roome of Richd Micheall: Consented to, & Ordered that a Comission be drawne accordingly, to be in force a Yeare, or till further Order.

Ordered that Richd Ingelo bring the Bookes, wth all ye papers

relating to ye Minute or Journall of this Councill, or that any wayes Concernes us.

The Business of Wm. Dearing's Servants and Hans Peterson being called,

Appeared Wm. Dearing, Hanse Peterson, and ye three Servts. Charles Pickerin allowed by ye request of Wm. Dearing to speake for the Servts; and John White, by request, was allowed to speake for Hans Peterson.

John White being asked what he had to say against the Servts of Wm. Dearing, Said that they were noe Defendts, for yt they were well satisfyed with ye Judgmt the Court had given against them, and therefore, they expected a Charge from them; and that if Hanse Peterson should give a Charge against ye Servts, 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 Witnesses but they refused to Come, and he knew not how to force them, being Ignorant of y° Way, since a Justices Summons was not a Sufficient Warrt for appearance before ye Councill.

Then Charles Pickering did alleadg yt ye Servts were Trappand by Hans Peterson, who some dayes before ye Court, bidd them not appear there, promising them not to appear to prosecute them, by wch deceit they were unprovided for a deffence.

John White made answer that that could not be, for yt Hans Peterson was bound in bonds not to prosecute them.

To prove Charles Pickerin's allegations:

Robt White was called for and attested to declare what he knew of y matter; who said yt in his hearing Hanse Peterson tould Wm. Dearing, that he would Cleer them and bring them off, and yt he need not 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 y° Court.

Then falling into a Contraversie about y° Legallity of y Indictment, wch was grounded on y° 96 and 164 Chapt in ye Laws, it was ordered to be Read, and approved of.

Charles Pickerin 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 ye Mr being Concerned, should be attested as an Evidence.

They gave their opinions he should be attested, wch was accordingly. don; and then declared yt Hans Peterson seeing him look angerly bid him not be angry, for that he would bring his Servts off, and yt he was sorry for what he had done, & yt it was don in his Passion. Edwd Green was attested to Declare what he knew of y Matter, declared:

That some Time last Winter ye Mr 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, wth a Complaint that some persons belonging to ye Shipp had Killed his Hoggs: That Hans's Wife did then declare yt y person

that killed the hogg had before acquainted her with his purpose of doeing it, and after ye hogg was Killed, did give her notice thereof, that his Master might be Charged with it, the Master having before agreed with Hans for pork for his men, and yt she tould him he might Carry it on board; and further saith yt ye sd Hans did at ye same time owne yt ye sd Mr had spoak to him to lett him have some fresh pork for his people, and yt he had promised they should: and further, that ye sd Hans said that provided he was payd for his Hogg he Would be contented, & yt ye Master agreed to doe it.

Cornelius Empson Was attested to declare what he knew of y° buisness, who said that when he bad blamed Hans Peterson for Indieting y Servants 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 y° Councill should debate y matter, but Immediatly Stepd in Abraham Man & John Blunstone. Abraham Man began thus: Wee are come in y° name of y 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 whom they Represent after some Sharpe repremands, from ye Councill, they withdrew, and then ye Councill

Adjourned till 7 ye next Morning.

At a Councill in y Councill Roome at Philadelphia, The 29th of y 5th month, 1685.

The Petition of Joseph Masey, Mr of y Ship Grayhound of London, was Read, setting forth his Carpenter's absenting himselfe from his service, requesting a warrt to serch for him in any suspected place of Concealing him: granted him, and that if apprehended, he be brought before ye 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 Resurveyd in the towne Ship of Chester, alias Upland, according to an order from ye Governor.

Appointed to be heard ye next Sitting of ye Councill, and a Sumons to be sent to Charles Ashcome, Deputy Surveyr of ye County of Chester, to give his reasons why he hath not obeyed ye said Warrt: and notice to be given to James Sanderling and Neals Lawson, yt they may then appeare.

Charles Pickerin, John White, Wm. Dearing, Hans Peterson, and y three Servants of Wm. Dearing being Called, all of them were

asked whether they would leave the whole Business and Difference between them to what y Councill should order, or that they 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 ye Councill Debated about it, but it being urged that ye parties Concerned had not bound themselves in any penalty to Stand to their Order, they were Called in againe, and Hans Peterson Enters into Recognizance to ye Govr of tenn pounds to Stand and abide by ye Ordr of y Councill.

Wm. Dearing Enters into a Recognizance of tenn pounds to y Govr in behalfe of his Servts that they shall stand & abide by ye Order of y Councill.

They were Ordered to withdraw, and after debate ye Councill Concluded thus that y° Master Wm. Dearing, pay in behalfe of his three Servants, unto Hans Peterson, one pound three shillings, for y Hogg they killed of y° said Hans Peterson; and that Hans Peterson pay five pounds and tenn shillings, one pound tenn shillings whereof, is to be payd to y° Secretary, and four pounds to ye High Sheriff of New Castle County, towards Charges, and that they release one another under hand & Seale, and ye three Servts goe, quietly about their business.

John Blunston & George Maris, Came to renew their former desire in behalfe of y Assembly, yt Patrick Robinson might be removed out of his Publique Offices, and that ye Tryall of Nich. Moore might not be delayed.

The Councill answered, that as soone as Presidt 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 ye Office of Mr of ye Rolls.

Ordered that Wm. Stockdale and Cornelius Empson, have a Commission forthwith to be Justices of y Peace for New Castle County, their Comission to stand in force for one year, or till further Order. Adjourned till three in y° Afternoone,

POST MERIDIEM.

The Same Members of Councill mett this afternoone, &
Adjourned till further order.

At a Councill in the Councill Roome at Philadelphia ye 19th 6th Mo., 1685.

PRESENT:

THOMAS HOLMES, Presidt.

Chris Taylor,

Wm. frampton,

Wm. Markham, Secre.

The Petition of Richd Blackleach of New England, Marcht, was read, setting forth that Benjamin Chambers of Philadelphia, is Indebted unto him ye sum of fourty and one pounds, and of his necessity of being suddenly at home, yt he could not without preju

dice stay till y Court in its proper time should sitt, therfore Craves a Speciall Court.

Ordered yt a Comission be made for ye same to be held on y 24th Inst. Directed to y° Justices of Philadelphia County, or any four of them.

Adjourned till further Ordr.

The 24th 6th Mo., 1685.

Information being given to ye Secretary by Samll Land, that by y death of one Lewis Davis formerly of New Castle County, his Estate for want of Heirs, and Dying intestates, fell to ye Govr, and that if not timely prevented, others would Administer upon it, to y great Damage of y Govr. The Secretary did give a Warrt to ye Sheriff of ye County to take into his possession all y Estate, both Reall and personal, & to send y account thereof to y Presidt & Councill, to be disposed off as they shall think fitt.

At a Councill Especially appointed for y° Nominating of Judges at y Councill Roome at Philadelphia, the 14th 7th month, 1685.

Agreed that a Comission be drawne for Three Judges, Vizt: James Harrison, James Claypoole and Arth. Cook.

Ordered The Comission be drawn forthwith.

Adjourned till ye 16th Inst.

At a Meeting of ye Councill in ye Councill Roome in Philadelphia The 16th 7th Mo., 1685.

The Minutes of ye Councills from y 28th of ye 5th Mo. was Read: and wheras, on y 29th of ye sd Mo., John Blunston & George Maris tould y Councill that they came to renew their former desires in y behalfe of y Assembly, &c.

The Councill at yt time gave them answer, that as soon as Presidt Lloyd came from New York, who was Expected y° 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 Condition, and not under promising hopes of a Speedy Recovery, so that at present they Cannot give any Certaine or deffinitive answer. VOL. I.-7.