convicted of Horse Stealing & fined the Sum of Ten Pounds, which he prayed might be remitted as he was unable to Pay it. No Magistrate having recommended him as a proper Object of Compassion, & no Member of the Board knowing any thing of his Tryal or the Circumstances attending his Conviction, the Petition was for these reasons rejected. At a Council held at Philadelphia, the 7th Sept 1747. PRESENT: The Honourable ANTHONY PALMER, Esqr., President. The Secretary having search'd the Council Books & found therein sundry Orders relating to the Road leading from Philadelphia to Newcastle, the same were read, but as there was a thin Council the Consideration thereof was postpon'd to the next day. Captain Huston, an officer in Coll Shirley's Regiment, attending without being call'd in, he prayed the Assistance of this Board with respect to the Execution of some orders he had receiv'd from Governor Shirley, which orders he produc'd, together with an Extract of a Letter wrote by the Duke of Newcastle to Governor Shirley, & then withdrew. One of the Members said he had been Recruiting here a long while, & as it was not known whether he had the leave of the Gov ernment for so doing, it was his opinion that previous to the Consideration of his Application he shou'd be ask'd by what authority he Recruited in this Province; the Capt being gone away the Board Order'd, That the Secretary know of Captain Huston by what Authority & how long he has been Inlisting Men in this Province. At a Council held at Philadelphia, 8th Sept 1747. PRESENT: The Honoble. ANTHONY PALMER, Esqr., President. One of the Members moved that as there was a pretty full Board it might now be determin'd whether the Council's Speech to the Assembly & their Message in Answer shou'd be Printed & put into the next News Paper or not, & on putting the Question it pass'd in the Negative. Information being given to some of the Members of Council that the Ship Euryale, Captain Cox, who arrived here last Night from Barbadoes, was a Sickly Vessel, & ought to be removed from the City, Captain Cox was order'd to attend the Council, & being come and examin'd he gave this Account, viz.: that the Island of Barbadoes was very Sickly, that one of his Sailors fell sick in the Passage & recover'd, that another Man fell sick & dyed after a short illness, & his People (for he did not care to visit him himself) beleiv'd he dyed of the Yellow fever; that this was twenty Days ago, having then been ten Days from Barbadoes; that except a Gentleman Passenger who had a Constitutional weakness all the Persons on board were in good Health. The Board considering that by the late Accounts from Barbadoes there was a very infectuous Distemper of which numbers Dyed, and that the Season of the Year continued unusually warm, they or dered the Secretary to prepare a Warrant, to be signed by the President, to command Captain Cox forthwith to remove his Ship to the distance of at least one Mile from the Southernmost part of the City of Philad, and there remain till further Order-taking especial Care not to break bulk nor to suffer any Goods to be carried ashore out of the said Ship. Mr. Lawrence presented a paper sign'd by the Justices of the Peace for the County of Philadelphia at their Court of Quarter Sessions, recommending Mr. John Lawrence, Mr. James Read, & Mr. Robert Greenway to the Council, in order that one of them might be nominated to serve for Clerk of the Peace of the said County in the room of Mr. Andrew Hamilton, deceas'd. Order'd, That a Commission be forthwith made out to Mr. John Lawrence to be Clerk of the Peace for the said County of Philadelphia. "By the Honoble. the President & Council of the Province of Pennsylvania. "It appearing on Your Examination before us that the Island of Barbadoes at the time you took your departure from thence was very sickly, and that one of your Sailors dyed on board your Ship in the Passage, and that there is reason to believe he had the Yellow Fever, You are hereby strictly ordered and commanded to cause your Vessel, now lying at Mr. Allen's Wharf, immediately to be removed to the distance of at least one Mile from the Southernmost part of the City of Philadelphia, and there to remain till our further Order-You taking especial Care not to break Bulk, nor to suffer any thing to be brought ashore from the said Ship. Hereof fail not at your Peril. Given under my Hand & the Lesser Seal of the Province of Philad' aforesaid, this 7th Day of Sept 1747. "To Captain Join Cox, Commander of the Ship Euryale.” "ANTH. PALMER. The Board resum'd the Consideration of the Petitions relating to the King's High Road leading from the City of Philadelphia to the Town of New Castle. The Secratary reported that he had examin'd the Council Books & found therein several Orders of Council for the laying out the several Parts of the said Road, and likewise the Record of a Return of that part of the said Road which lies between Darby & Chester, & gave it as his opinion that tho' there were no Returns of the other Parts of the said Road to be found on Record, yet that the whole Road had been actually laid out by order of the Council, and that it might reasonably be presum'd the Returns thereof had been given to the late Secretary Patrick Robinson, & that he had omitted to enter them in Council Books; That the Papers of the said Patrick Robinson, Publick as well as Private, coming into the Hands of his Wido' upon his Deccase, many of the Papers belonging to the Secretarie's Office were lost & destroyed, of which these Returns might be some. The Board, on reading several Orders of Council for the laying out particular parts of the said Road, & likewise the Record of the Return of that part of the said Road which lies between Darby & Chester, and considering that the Road is an antient Road, & being of opinion that altho' several of the Returns thereof do not appear on Record & are not now to be found, yet that the whole Road had been regularly laid out as now used, & that it wou'd be unjust & very inconvenient to the Owners of Lands abutting thereon to make any Deviation or Alteration from the present Courses thereof; Therefore, to the end that the said Road may be now regularly recorded, It is Ordered, That the said Road shall be Resurveyed and laid out according to the Courses it now runs, beginning at the South Boundary of the City of Philadelphia, and from thence extending to the Lower Ferry, and from thence to Darby Creek, and from thence by the Courses describ'd in the recorded Return made in the Year 1706 (a Copy whereof is to be deliver'd to the Persons hereafter named for their Direction) to Chester Bridge, & from thence by the present Courses thereof to the Limits of New Castle Government. And it is further Ordered, That Septimus Robinson, Esqr., Hugh Roberts, James Coultas, John Bartram, Mathew Moss, Charles Justis, Nathan Gibson, or any five of them, view & lay out by course and distance that part of the said Road which runs thro' the County of Philadelphia; And that Caleb Cowpland, Esqr., Joseph Parker, Esqr., Joseph Bonsell, Esqr., Samuel Levis, James Mather, John Davies, Peter Dicks, Thomas Pearson, & John Sketchley, or any five of them, do then join the above-named Persons of Philadelphia County, or any three of them, in continuing to lay out as aforesaid the said Road from the Division Line which parts Philadelphia County from Chester County to the Limits of the County of Newcastle, they taking to their Assistance the Surveyor General, and that they carefully lay out the said Road and make Return thereof to this Board on or before the first Day of October next. At a Council held at Philada., 9th Sept 1747. PRESENT: The Honoble. ANTHONY PALMER, Esqr., President. The Minutes of the five preceding Councils were read and approv❜d. Mr. Taylor inform'd the Board that several of the Inhabitants of the City had been with him to complain that Captain Cox's ship lay still near the City, & that he not only refus'd to obey the Order of the President & Council, but used contemptuous Language toward them, & that Mr. Edgar, one of the Persons who heard Captain Cox give this opprobious Language, attended the Council to relate what was said, & being call'd in he declar'd that Captain Cox was told by him & some of his Neighbours that his Ship lying near their Houses gave them great uneasiness, & that they heard the President & Council had given him Orders to remove to a greater distance from Town; they wished he would do so; and that Captain Cox in answer to this said, that neither for the President & Council nor for them should his ship stirr an Inch; he did not value their Warrent; he knew what they cou'd do & what he should do. Mr. Edgar withdrawing, the Council requested Mr. Lawrence & Mr. Hasell as Magistrates to issue a Writ to apprehend him, that he may be dealt with according to Law, which they promised to do. Order'd, That the following Proclamation be transcribed fair & signed by the President, & issue in the afternoon with the usual Solemnity, if it can be got ready so soon: "By the Honourable the President & Council of the Province of Pennsylvania. "A PROCLAMATION. "Whereas, the Ship Eurayle, John Cox Commander, is lately arrived in this Port of Philadelphia from the Island of Barbadoes, which Island at the time of the said Ship's Departure from thence being much afflicted with a Dangerous & Contagious Distemper, there is great Reason to fear that the said Ship & her Company are infected therewith; And whereas, the Captain & Mariners of the said infected Ship, & the Passengers that were on board her, have in Contempt of the Law presum'd to come on Shore & disperse themselves in the City and Places adjacent, to the great Danger of the Health & Lives of the Inhabitants of this Province, We have therefore thought fit to issue this our Proclamation, strictly charging & Commanding all Persons that they do not henceforth receive, harbour, or entertain any Person or Persons that arrived in the said infected Ship Eurayle, without acquainting the President & Council aforesaid, or some one of them, or one of the Justices of the Peace for the county or City of Philadelphia therewith, that the Condition and health of such Persons so arriving may be examined, and that they may be dealt with according to Law. "Given under the Great Seal of the Province of Pennsylvania, at Philadelphia, the Ninth Day of September, in the Year of Our Lord 1747, and in the Twenty-first Year of the Reign of our Sovereign Lord George the Second, by the Grace of God, of Great Britian, France, and Ireland, King, Defender of the Faith, & so forth. "ANTHONY PALMER, "By Order of the Governor & Council. "RICHARD PETERS, Secry. "GOD SAVE THE KING.” "Presid At a Council held at Philadelphia, 12th Sep 1747. PRESENT: The Honoble. ANTHONY PALMER, Esqr., President. Thomas Lawrence, Abraham Taylor, Thomas Hopkinson, Samuel Hasell, Esqrs. Order'd, That an Order issue to Doctor Thomas Grome & Doctor Thomas Bond to examine the Ship Eurayle & make Report whether the said Ship be, in their opinion, a healthy Ship or not, & whether she may be permitted to come into this Port without Danger to the Inhabitants, and that they would give a particular account of the State & Condition of the Health of the Mariners & Passengers belonging to the said Ship; and in case the said Doctors shall report the said Ship to be a healthy Ship, the Board thinks Captain Cox |