At a Council held at Philadelphia, June 20th, 1734.

PRESENT:

The Honourable PATRICK GORDON, Esqr., Lieut. Governor.

The Governour acquainted the Board that the Honourable Thomas Penn, Esqr., one of the Proprietaries of this Province, having some time since received from the Commissioners appointed by virtue of a Commission from the Honourable John Penn, Thomas Penn and Richard Penn, Esquires, Proprietaries of this Province, bearing date at London the 12th day of May, 1732, for the execution of certain Articles of Agreement, concluded between the said Proprietaries and the Right Honourable Charles, Lord Baltimore, Lord Proprietary of the Province of Maryland, bearing date the tenth day of May aforesaid, for the running, marking and laying out the Lines, Limits and Boundaries between the Province of Pennsylvania, Counties of Newcastle, Kent & Sussex, on Delaware, and Province of Maryland their Report of their Proceedings towards the Execution of the said Commissioners, the said Proprietary had directed him to take proper Measures with the Concurrence of this Board, for having the same proved in the most Authentick manner.

Which being considered by the Board, IT IS RESOLVED that the said Commissioners, upon their Respective Oaths or Affirmations, to be Administered in the presence of the Board, by one of the Judges of the Supreme Court of this Province, may Declare to the truth of said Report, and that some Persons of Credit & Reputation, now in Philadelphia, as are known to have an Intention of Transporting themselves in some short time to Great Britain, be also called to be present at the Board when such Oaths and Affirmations are administered & subscribed.

And accordingly Thomas Græme, Esquire, one of the Judges of the said Court, being called on, came into Council, and at the Council Board, Administered to the Honourable Patrick Gordon, Esquire, Andrew Hamilton, Esqr., and Robert Charles, Gentleman, three of the said Commissioners, an Oath on the holy Evangelists, and to Isaac Norris, Samuel Preston, James Logan, Esquires, & James Steel, Gentleman, the other four of the said Commissioners, being of the People called Quakers, a Solemn Affirmation, according to Law, that the said Report, which in one Copy is contained in Eighty seven Pages, in another in Ninety two Pages, and in a third in Ninety five Pages, is a true and faithfull Narrative of the Substance of what passed between them and the Commissioners on the part of Maryland, at the several meetings where they and each of them respectively were present, agreeable to the Minutes carefully taken by some of their number, at the times when such meetings were held, or very soon thereafter, to the very best of their knowledge, and that

the several papers which have passed between the Commissioners on each side and are transcribed in the Report, having been with all possible Exactness compared with the Originals remaining in the hands of the Commissioners of Pennsylvania, and found to agree therewith.

Which said Oaths and Affirmations were Subscribed by the said Judge and Commissioners, in presence of John White and Samuel Mickle of Philadelphia, Merchants, John Richmond and William Spafford, Mariners and Commanders of Ships, now lying in the Port of Philadelphia, aforesaid, and bound for London, who also signed as Witnesses to the same, as appears by an Endorsement at the close of each Copy of the said Report.

And it is further ORDERED by the Board, that a Copy of this Minute of Council be annexed to each of the three Copies of the said Report, and that the Great Seal of this Province be thereunto affixed.

E.

At a Council held at Philadelphia, July 25th, 1734.

PRESENT:

The Honourable THOMAS PENN, Esqr., Proprietary.

The Honourable PATRICK GORDON, Esqr., Lieut. Governor.

James Logan,

Samuel Preston,

Clement Plumsted,

Ralph Assheton,

Samuel Hasell,

Charles Read.

Esquires.

The Minute of the 14th of May last being read and approved, the Proprietor acquainted the Board that Messrs. Hamilton & Georges being some time since returned from Maryland, had lately made a full Report to him in writing of their Proceedings, in pursuance of the Instructions and authority they had received from this Government, which having been given by & with the Advice and Concurrence of this Board, he thought it incumbent on him to lay before them the Result of that Negotiation.

The Report aforesaid, together with a letter from the Lieutenant Governor of Maryland, brought by these Gentlemen in answer to that from the Lieutenant Governor of this Province, Mentioned in the aforesaid Minute of Council, were read, and ordered to be entred on the Records of this Board.

The Proprietor then observing that Reference is made in the Close of the said Report to some Minutes taken at the hearing before the Provincial Court of Maryland, said that these not having been yet delivered to him, he had desired Mr. Hamilton to attend his Board to inform them herein, who being sent for, came into Council and gave a Narrative Verbally, of the Proceedings had in the said Court against those who were carried off Prisoners from this Government, and the Arguments he had advanced for obtaining their Discharge. As some of these last gave great Satisfaction to the

Board, it was desired of Mr. Hamilton, that reducing the same under proper heads, he would committ them to writing, that they might be entred on the Records of Council, to be had Recourse unto on the like Occasions, which he undertook to do.

The Board acknowledging the great Care & Diligence of Messrs. Hamilton & Georges in the Execution of their Commission, and entring into the serious Consideration of what had now been laid before them, Observed that from the whole of what had been transacted, it must appear abundantly evident that notwithstanding the specious and ample Professions made by the Governor of Maryland of his Readiness and Willingness to joyn in any amicable measures for preventing all Occasions of Differences between the two Provinces, yet his Behaviour in this last Instance, and the whole Procedure of that Government for some time past, had demonstrated a very different Disposition; And that it now remained to be considered what further Steps may be necessary to be taken, for the Seeurity and Quiet of the Inhabitants. Whereupon it was moved and unanimously agreed to, that Directions should be forthwith given to the Magistrates of the several Counties within this Government, requiring them to exert their utmost Endeavours for preserving the Publick Peace, and at the same time that they prevent, by all possible means, any just Occasion of Complaint from our Neighbours of Maryland, they take the most effectual Care in their Power for the Protection and Defence of the People, especially those on the Borders, from any Insults on their Persons or Attempts on their Possessions, by those who pretending Right to or claiming Lands within this Province, under that Colour do presume to molest the Inhabitants; that they be vigilent and diligent in causing to be apprehended and secured, all such Disturbers of the Peace and Invaders of the Just Property of His Majesty's peaceable Subjects within this Government, to the end they may be brought to condign Punishment. And that herein the Magistrates proceed according to Law, and as far as that will warrant them. And it is Recommended to the Governor to issue his Orders accordingly.

The Proprietor representing further, that several People had applyed to him for Grants of Lands on the West side of Sasquehannah, and in consequence thereof that Magistrates should be appointed amongst them, The Board are of Opinion that some discreet and prudent Persons should be commissionated for preserving the Peace, to the Northward of the Line agreed on by the last Articles of Agreement, concluded between the respective Proprietaries in 1732. The Governor then informed the Board, that he was under no small Concern to hear that a House lately built in Walnut Street, in this City, had been sett apart for the Exercise of the Roman Catholick Religion, and is commonly called the Romish Chappell, where several Persons, he Understands, resort on Sundays, to hear Mass openly celebrated by a Popish Priest; that he conceives the tolerating the Publick Exercise of that Religion to be contrary to the Laws of England, some of which, particularly the 11th & 12th of King William the third, are extended to all His Majesty's Do

minions; but those of that Perswasion here imagining they have a right to it, from some general Expressions in the Charter of Privileges granted to the Inhabitants of this Government by our late Honourable Proprietor, he was desirous to know the Sentiments of this Board on the Subject.

It was Observed hereupon, that if any part of the said Charter was inconsistent with the Laws of England, it could be of no force, as being contrary to the express terms of the Royal Charter to the Proprietary. But the Council having sate long, the Consideration hereof was adjourned till the next meeting, and the said Laws and Charters were then ordered to be laid before the Board.

E.

Omitted to be entered in the Minute of May 14th, 1734.

A Petition of divers Inhabitants of the City and County of Philadelphia, Owners of Lands or Meadow Grounds in Wicacoe, was read, setting forth that by virtue of an order of this Board, several years since, a Road was lead out from the South end of Second Street, in Philadelphia, to the Point of Land on Delaware, opposite to Glouster in New Jersey, but the same being judged not so convenient, an Order was afterward issued for reviewing it, of which no Return was made; that the said Road is now more frequented than formerly, but is in divers places enclosed by Persons through whose Lands the same was laid. And, therefore, praying that some indifferent Persons may be appointed to review and lay out the said Road.

The Prayer of which Petition being granted:

IT IS ORDERED, that Ralph Assheton, James Steel, George Fitzwater, Pilip Johns, Charles Cox and Joseph Wharton, or any four of them, review the said Road already laid out, and alter the same where it shall be found necessary, in such manner as may be most commodious for the Publick Service, and with as little Damage as possible to those Persons through whose Lands the said Road shall run, And, with a Draught of the same, to make Report thereof to this Board.

E.

Follows the Report of Messrs. Hamilton & Georges, mentioned in the preceeding Minute of July 25th:

"To the Honourable Thomas Penn, Esq., one of the Proprietaries "of the Province of Pennsylvania, and Counties of Newcastle, Kent, "and Sussex, on Delaware.

"Sir:

"You having been Pleased to honour us with proper Powers from "your Government of Pennsylvania, to treat, and if possible, to con"clude with Col. Ogle, Lieutenant Governor of the Province of Mary"land, on some certain Terms, by which the Peace amongst His "Majesty's Subjects inhabiting near the Borders of these two Gov"ernments, where the right to the Lands have been disputed, might

"be secured till such time as either the Boundaries should be abso66 lutely run, or His Majesty's Pleasure known therein, and His "Commands received, we conceive it our Duty to lay before you a "Narrative of what passed between the Governor of Maryland and "ourselves thereupon, with Copies of the several Papers we delivered "to his Excellency, and the Originals we received from him.

66

"We arrived at Annapolis on the twentieth of May, about sun 66 sett; soon after coming to our Lodgings Mr. Georges and An"drew Hamilton, Junr., went to speak with our People, to wit: the "Rothwells, John Hendricks, and Joshua Minshall, in Prison, but 66 were not suffered to see them till the next Morning, when going again, they were after some time admitted to the Speech of the "Prisoners, who gave them an Account of their Uneasiness, in a "most unwholesome Prison, as likewise, the best Account they could "of the several Charges alledged against them; soon after this, to "wit: about ten of the Clock of the same Day, we waited upon "Governor Ogle, at his House in Annapolis, and delivered him a "Letter from the Lieutenant Governor of your Province of Pennsyl“vania, and at the same time acquainted him that we were sent from "your Government to concert proper Measures with him for the "Preservation of the Peace and good Neighbourhood between the "two Governments, and to desire the Discharge of Four of our "Inhabitants, who were imprisoned at Annapolis, by order of the "Government of Maryland, to which he was pleased to answer, that "he was mighty ready to enter into any Measures with the Govern"ment of Pennsylvania which might best answer that purpose, and "at the same time took occasion to say our Inhabitants were impris"oned for much greater offences than probably we were aware of; to "which we answered, that we had no other way to come at the "Knowledge of the Cause of their Imprisonment but by their seve"ral Commitments, and by these, as we conceived, there seemed "scarce a colour for such proceedings as had been taken against "them; we added further, that supposing the offences were really "committed, and as great as his Excellency was pleased to alledge, "yet the Place where they were committed, as well as that where "the Men were taken, was clearly beyond all the former Claims of "Maryland, and therefore, it was our Opinion the Men were very "hardly dealt by.

"Governor Ogle began to enumerate the many Abuses the In"habitants of Maryland had suffered from those of Pennsylvania, "and that since his Accession to the Government of Maryland, he "had taken all possible Care to be entirely on the Defensive side, "and was resolv'd to continue so; but at the same time said he "could not suffer Lord Baltimore's Right to be so violently encroach"ed upon, and his Character so publickly affronted within his Lord"ship's own Government; for, added he, we claim no bounds but "what are given to his Lordship by the express Words of his Char"ter; however he expressed his Willingness to enter into any rea"sonable Measures for preserving Peace, and to shew his readiness, "proposed our meeting him in Council next day, about ten of the