encouragments to such attempts hath been & is the incapacitie wee are in to prevent the Like, Having neither fort, castle nor breastworke, to Comand anie ship or vessell; no militia, arms, nor ammunition to make use of on anie occasion; And It is also manifest unto us, that the same Unlawfull & piratical practice may be as well putt in practice any time of y° day, tho' it be 100d miles up yo river, as in the dead of the night, here being no provision to prevent ye same, so yt both our Lives, Liberties and estates, have hitherto Lyen open, & still do remain defenceless & void of protection, & ever exposed to y wills o fsuch 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, & of right desire yt such care may be taken yt or Lives and estates may not remain in such Imminent jeopardy and danger, but yt wee may be defended as his maties Lawfull subjects: subt. by 25 psons of yo sd town.

The above petion having been read and Considered, It is the opinion of this board that whatever encouragmt pirates may take by or not having forts & castles, &c. Wee find yt 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 & Marie Land, which are Colonies of Long standing, and inhabited by psons of great estates, & bring vast revenues to the Crown, are much more formidable than the fort of Newcastle hath been, and if it's now delayed, the Inhabitants of yt place are accountable for it. And if this Countrie wer able to build great Castles & forts of & strenth, yet if ye people are not also able & capable (as they are not) to maintain such posts, It is y opinion of this board, that it may prove more prejudicial to ye king's interest, & Hazardous to his subjects here, than if there be not such fortresses. And as for a Militia, it is the oppinion of this board that its a more proper subject for the Consideraon of a general Assemblie, where the petitioners might have taken yr oportunitie to propose it in May Last, had they & the rest of the Inhabitants of Newcastle Countie, done yr dutie in electing & sending y representatives to assist & advise y Gor att y said Assembly, in things pertaining to the king's service, & good & saftie of y' governt, which they obstinatle refused.

Upon reading the petion of Samll Hadden to y° Lt. Gor & Council, setting forth yt hee was encouraged in England by Samll Cart, that if hee Could procure him 17 passingers for pennsilvania, yt then hee should have his owne passage free, & his wifes & 4 children's for 15£ st. they taking up but two Cabbins & in one mess; Upon which encourgmt, ye petitioner having disposed of his effects, brought them, with his familie and 17 passingers, to Bristow, a Journie of 70 miles, & putt his goods on board by sd Cart's order, paid in the 1511, and that afterwards y said Cart wold not suffer y 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 yt yrupon yo per. demanded his goods ashoare again, wch Cart denied him; and yt y

per. having but three pence Left, was forced to sell his children, one
for nine and the other for ten years, or else stay in England, when
his whole substance was carried elsewhere; And yrfor Requesting y
Gor & Council to Order His Children to be returned him, or else yt
Samll Cart appearing
they order him satisfacon some other way.
and having heard y° sd petion read, & after a tedious dispute on y
matter between the per. and the sd Samll Cart, They both submitted
y difference to ye Lt. Gor & Council (the per. being poor & not able
to go to Law.)

Wherupon, it was ordered yt the sd Samll Cart do return to y sd Samll Hadden his son Adam Hadden, & yt the sd Samll Hadden give securitie to Samll Cart to pay him eight pounds, and yt ye said Samll Cart allow to James peters of Bristow, 10li. 10s. in Bristow, in Consideraon of his Laying down 5li. 10s. in Bristoll for ye sd Adam Hadden's passage, att ye sd Samll Hadden's request.

[21st Decembr, 1699.

Att a Council Held att Philadelphia die Jovis, 21st 10th Mo., December, 1699.

PRESENT:

The Honble WM PENN, Absolute Proprietor & Governor in Chief of ye province of pennsilvania and the territories yrto belonging.

Edwd Shippen,
Samll Carpenter,

Caleb pussey,
Wm. Clarke,

Wm. Biles,
David Lloyd,

Pat. Robinson, Secry.

The pro'r & Gor Having repsented in Council the resentmt of or supiors in England, of the Countenance said to be given here to piracie & illegal trade, as by accot from some of the king's officers in these pts is suggested,

It is Resolved, yt a proclamaon be forthwith Issued for discouragmt yrof, & yt further expedients be thought on concerning y° same, & 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 yt behalf.

Adjourned to y° 22d instant, hora 2da p. m.

[22d Decembr, 1699.

Att a Council Held att philadelphia die Veneris, 22d Decembr, 1699.

WM. PENN, propr & Gor, et ysdem ut antea.

The messr of the Council acquainted ym yt Anthony Morris, one of the Justices of peace for philad. County, desired admittance, which being granted, said That hee had for some years past served ye king & Country as such to his great trouble & private detriment, and then delivering to ym 4 paps. relating to ye goods of one Robt Adams

of Boston, yt in June, 1698, had been seized by the king's Collectors here, & by ym by a warrt from sd Coll. Quarry, delivred into y° hands of Robt. Webb, marshall of ye admiraltie, & wch had been (by a warrt of replevin signed by him, sd Anthony,) replevied and taken outt of the hands of sd Marshall, And yrfor, yt hee now came befor ym to Lay down, & did lay down, his Comission of Justice; and further said yt hee granted & signed ye sd replevin in psuance (as hee thought) of his duty, believing hee was in the right, & yt hee was induced yrto by advice of those that hee thought wer well skilled in ye Law, who told him yt it was the priviledge of the subject; and further said, yt hee had no interest in the owner nor goods, nor no self by nor sinister end in so doing.

To whom the pror & Gor made ansr, That his signing ye sd replevin was a verie indeliberate, rash & (in his opinion) unwarrantable act, which hee, sd Anthonie, could not justifie, & yt hee wold be so far from Justifying itt, that tho' hee could not deliver back Into y hands of y admiraltie ye sd goods, (they being long since delivered to the supposed ower, on securitie given to the Sheriff) yet hee wold deliver into y Judge of y admiraltie's hands, & into ye power of yr Court, the 2 invries & apraismts of sd goods, & y obligaon given by sd Adams & his sureties to ye Sheriff of philad, for 32711. 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 8 Gor having opened his, the Council & govermts most sincere intentions, by all Lawll means, to discourage, discountenance & severely punish piracy & Illegal trade, Hee desired y sd Coll. to be assistant in proposing such expedients as might be most Conducive yrto, & yt hee & all others the king's officers & ye govmts', might go on hand in hand in securing the king's interests in this govmt. To wch the sd Coll ansred, yt the matter being weightie it required thought, & that after some Consideraon, he wold propose to ym what in his opinion wold be most effectual for these ends.

Then the pror & Gor deliverd to sd Coll. Quarry 4 paps. relating to the sd replevin, telling him yt tho' y goods in kind were Long since delivered to ye ptended owner, & so outt of his power, yet hee delivered to him the Invrie, 2 appraismts, & sd Adams & His sureties obligaon for ye sd sum, & desired y° secrie to take Copie of sd 4 paps. wt Coll. Quarrie's receit for ye same to remain on ye file of minutes of Council.

Upon reading the petition of Robt. Brandingham, prisonr in y County goal of philad, upon suspition of piracie, setting forth his Hardship by being confined in these Cold nights to a Low room, wtout fire, & for want of monie to support him; And therfore desiring to be allowed a warmer room, & a Little of his owne monie (hee having a Considerable sum in ye Late Lt. Gor Markham's hands) for his subsistence.

Ordered yt sd Coll. Markham Let y° per, or his ordr, have 12s. weeklie to subsist on.

Adjourned to 1st January, 1699-1700.

[PENNSILVANIA, SS. 10th May, 1699.

Att a Councill Held att philadelphia die Mercury, 10th May, 1699.

PRESENT:

WILLIAM MARKHAM, Esqr., Lieut. Governor.

The Sheriff of the Countie of philadelphia his Return of repsentatives for Council was produced, qrby it appeared that there wer elected Samll Carpenter & Edwd Shippen, Who appeared.

The Sheriff of the County of Bucks His return of repsentatives for Council was produced, qrby it appeared that ther wer elected phinehas pemberton & Wm. Biles; y last appeared.

The Sheriff of the County of Chester his return of repsentatives for Council was produced, whereby it appeared there wer elected David Lloyd & Caleb pussey, who appeared.

The Sheriff of the County of Newcastle His return of repsentatives for Council being called for, The Secrie produced a Lettr from Joseph Wood, then Sheriff of the sd County, dated 13th March, 1698-9, directed 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 & Assembly men Chosen here on the 10th of this in"stant. 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 County of kent his return of repsentatives for Council, was produced, whereby it appeared that ther wer elected Wm. Rodeney & Richd Willson, who appeared.

The Sheriff of the County of Sussex his Return of repsentatives for Council was produced, whereby it appeared that there wer elected Wm. Clark & John Hill, who appeared.

The sd Wm. Biles, Samll Carpenter, Edwd Shippen, David Lloyd, Caleb pussey, & Wm. Clark, did subscribe the declaraon of fidelity, The profession of the Christian belief & the test, & took their places att the board.

The sd Jno Hill, Wm. Rodeney & Richd Wilson took the oaths appointed by act of parliamt to be taken instead of allegiance and supremacie, & subt. the test, & took yr places att the board.

The Sheriff of the Countie of Bucks his Return of Repsentatives for Assembly was produced, whereby it appeared that there wer elected John Surkett, Enoch Yardley, Jno Swift & Richd Hough. The first two appeared.

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, Isaac Norris, Jno 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, Jno Worrola & 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 Molleston, & James Brown. The first two appeared.

The Sheriff of the Countie of Sussex his Return of repsentatives for assembly was produced, qrby it appeared that there wer elected Wm. Biles, Wm. ffisher, Nehemiah ffield & Wm. Dyre. The first three appeared.

The sd Jno Surkett, Enoch Yardley, Anthony Morris, James ffox & Isaac Norris, Jno Bevan, Jno Blunston, Robt Pile, Jno Warrila, Robt Carter, Wm. Piles, John ffoster, Tho. Sharp, Wm. fisher & Nehemiah ffield, did subscribe the declaraon of fidelitie, profession of the Christian belief & the test.

All which members of Assembly that wer Returned and appeared, being thus qualified, The Lt. Gor said: Gentl, I desire you to go together & choose yor Speaker, & return him to mee in Council as soon as you can, Who departed.

The Gor Ordered the Secrie to write a Lre to Jno Swift & Richd Hough, to Command ym to make yr appearance in Assembly, Which hee did.

Adjourned to the 11th instant, &c.

[11th May, 1699.

Att a Council Held Philadelphia die Jovis, y° 11th May, 1699.

PRESENT:

WM. MARKHAM, Esqr., Leiut. Governor.

Wm. Rodeney,

Caleb pussey,

John Swift & Richd Hough, two of the members of Assembly for Bucks County, appeared & subt. the declaraon of fidelitie, profession of the Christian belief, & took the test, and wer sent to the House of representatives.

Anthonie Morris & Nehemiah ffield, acquainted the Lt. Gor & Council that the members of Assembly wer ready to wait upon him. The Lt. Governor & Council, Returned that they wer readie to receive ym.

Then Jno Blunston, accompanied by all the repsentatives of Assembly, acquainted the Lt. Gor that they had made choice of him for their Speaker. The Lt. Gor replyed that hee was well satisfied with their choice.

Then the Lt. Gor said: Mr Speaker & you gentl of the Assembly, Before we go upon anie other bussines, I think it meet that you inquire into the reason of the absence of Several members of yor house, & wee shall do the same here, and I shall signify to this board