trary to the Due Course of Law agst, the orders of gen'all Assemblys, And tends to Disorder and Confusion 7 This sitting of the Assembly is but a Continuance of our former Session by Adjournment and noe new Session, and the fformer Bill being in force wth the Deputyes this board desires their Concurrance thereto or a ffree conference in both houses freely to Debate the matters that it may come to a speedy and effectuall Determinac'on,-Benja Price is ordered to Carry this Message to the Deputyes A Message from the Deputyes in writeing as followeth, vizt The house of Deputyes by their Messingers Do acquainte the Governor and Councill that they have appointed Mr Hartshorne Mr Moore Benja Parkis, Joseph Parker and Edward Slater to meete so many of the Councill as shall be appointed to meet them in a Com'ittee and are ready to waite upon them May 14th 83 John Gillman Elias Machielson Messingers p. order of the house JOHN BOUND It's ordered that Captn Berry Captn Sandford and Lawrence Andresse meete the Com'ittee of Deputyes upon a free Conference and to Conferr in such place as they see meete makeing a reporte to this board of the subject matter thereof The Members of the Councill above named reporte that the Members from the house of Deputyes desire from this board the Bill for setling of ffees 2 The Bill for warrts from the County Courts 3 The Bill for locall and prudentiall orders-the former Bill extinct per their Answer the Charge to be more then the benefitt 4 The Desire of the Deputyes with respect to Towne orders for fenceing and maintaining them,-Bridges high wayes, building and and repaireing Mills and suf. incouragmt for killing of Woolves makeing rates for defraying of Charges of the above p'ticulars and for maintenance of the peace if need be to p'vent Damage by Geese, The Governor and Councill to Draw up what they thinke fitt for the said p'ticular Then Adjourned to 7 A Clock tomorrow morneing Att a Councill held the 15th Day of May Anno Dni 1683 p'sent The Deputy Governor Captn Berry Captn Sandford Lawrence Andresse & of the Councill Vpon Considerac'on of the Report from the Com'ittee yesterday as to the first Article-It's the sence and appears to this board, That by the Act for the establishing the Court of Com'on Right, the Members or Justices of that Court are to settle the fees thereof, who are the most p'per p'sons and Judges in that concerne as it is in England and that there is no Bill before vs for that purpose neither any sent to vs from the Deputys A Message from the Deputyes in writeing as followeth vizt A Reply to the Governor and Councills message sent to us by Benja Price the 14th 3m 1683 To the first It's the sence of this house the former Bill is sufficiently Answered as appeares by the Governor and Councill desireing a Conference upon the other Bill To the Third wee say as before Towne orders are a thing verry Customary in such places as are of the same Constituc'on and as for London to be a p'sident for this place) can in reason be thought no farther a p'sident than it agrees with the Constituc'on of this place as to ffences woolves Cattle and the like To the ffourth it's the sence of this house, where there is not a Concurring by both houses it possibly may be a hindrance but both houses agreeing no Roome for objection, and So Consequently needs noe Answer to the application To the ffifth wee ever looke as needing no Answer and So Consequently the 6th as being a Relative To the 7th wee not Denying it a Continuance of the former Session Session the assertion is uselesse (as to the former bill being in force wth the Deputyes) the Bill can be no more in force than a Bill fully answered and this house accepts of a free Conference wth the Councill as to the p'misses in our last Bill Eliz Towne 15 3-m 1683 ( Messingers Thomas Johnson and Sam Moore p. order of the house JOHN BOUND Vpon Considerac'on of the Deputyes reply this day sent by Thomas Johnson and Sam Moore to the Message from us yesterday, This board cannot but be Senceable of the great Daylay in Dispatch of busines in gen'all Assembly principally occasioned for want of a Daly ffree Conference by the whole Members of the gen'all Assembly wch practice in the former sitting of this Assembly was found not onely a meanes for a good vnderstanding but tended much to the Speedy Dispatch of business, the gen'all Assembly then passing more Acts wth full Consent in one Day, then now in a weeke-But the Deputyes seeing Cause to refuse the Request of the Governor and Councill in that p'ticular, This board is willing and Desireous in this way of writeing between both houses how delatory soever to give the Deputyes all possible satisfac'on say As to the first Article of Reply vizt the former Bill is Sufficiently Answered by the Governor and Councill's Desireing a free Conference upon the other Bill-wch the Deputyes say is the sence of their house-To wch the Governor and Councill say that it is their sence yt ye Deputyes are under a great mistake in the matter-And this board is fully satisfied that never any message was this Session sent to the Deputyes Desireing a p'ticular Conference on the 2d Bill or a Conference on the 2d Bill p'ticularly-The Messages hence have bin ffour-The ffirst of the 11th Instant Desired a free Conference on the subject matter expressed in excepc'on wch was not to p'ceed on this Bill but on the former The 2a Message of the same Day was for a free Conference on all matters then Depending or to Depend w ch can nowise bee Construed to exclude the first Bill and p'ceed vpon the second. The Third Message of the same Day is to desire a ffree Conference and referrs to the former The 4th Message of the 14th Desires a free Conference in the p'mises wch was on onr excepc'on, whereof one is agst the Second Bill and p'ceeding on the ffirst To To the Deputyes 2a Article of Reply it's the sence of this board that an excepc'on agst a p'ticular in the Bill sent wth Articles that excepts agst all the Bill is noe accepting the Bill or condiscending to it, but fortifyes our gen'all excepc'on, wth Argumts is as if a man were Charged with a Trespasse and felony-If I charge him wth trespasse he's innocent as to the higher Crime As to the Deputyes 3, 4 & 5th Articles-it's the sence of this board that there needs no other Answer but referr them againe to those 3, 4, & 5th Articles, of ours, to wch their's is sent as reply As to the 7th If the former Bill be fully Answered soe are all the Matters therein contained but it's an argumt the Bill is not fully Answered the 2a Bill sent Desireing our Answer or Concurrence to the same matters-Againe if such answers as the Deputyes give to the former Bill or alledge they have given is legall, Customary usuall or according to the Custome of the gen'all Assembly wee desire p'sidents in the Case-The Deputyes say they accept of a free Conference with the Councill as to the p'mises in the last Bill-To wch the Councill Answers that the never desired such a Conference but on the excepc'on wch are the p'misses and to Debate ffreely on all matters Depending before the gen'all Assembly and such Conference this board renews their desire to the Deputyes to Concurr in, for speedy Dispatch and for a fair vnderstanding of matters before the gen'all Assembly ordered that Captn Berry and Captn Sandford carry up this Message A Message from the Deputyes in writeing as followeth, vizt An Answer to an order from Governor and Councill brought to this house by Captn Palmer and Captn Berry Whereas, those Concessions of New Jersey, or Nova Cesaria make mention concerneing the Constables gathering the p'prietors Rents so likewise the [they] make mention that the gen'all Assembly shall p'scribe the Quantities of Land wch Shall from tyme to tyme bee alotted to every head &c It is the sence of this house, that it's contrary to reason for any man to be an other mans Servant without his Consent, much more for any man to be Compelled to serve another man and the Master not to be Compelled to satisfie him for his Service Att a Councill held the 16th Day of May Anno Dni 1683 pr❜sent The Deputy Governor & p'pr Captn Berry Captn Sandford Lawrence Andresse Benja Price of the Councill Ordered that Captn Berry and Captn Sandford goe to the Deputyes and acquaint them it's the desire of this board that the Deputyes forthwth attend this board The Deputyes Came here wth whome wee had a free Debate for some tyme. And the Deputyes returned to their house A Message from the Deputyes in writeing as followeth viz This house desires by their Messengers Henry Lyon and Benja Parkis, That the Governor and Councill will appoint some of the Councill to meet ffour of this house in a Com'ittee to Debate of affaires tending to a ffree Conference May 16th 1683 p. order of the house JO BOUND Ordered that some Members of the Councill be appointed to meet 4 members of the house of Deputyes forthwth-agreed that Captn Berry Captn Sandford and Lawrence Andresse attend the same Report made that at the Com'ittee above agreed vpon it was Determined to have a ffree Conference between the Governor and Councill and the house of Deputyes, tomorrow morneing 8 A Clock It being the sence of the Governor and Councill that at this Juncture of Tyme, there may be some matters of weight and Concerne for the good and welfare of this p'vince weh may be Discoursed Setled and Determined in gen'all Assembly but the said matters lying indigested and vnp'pared for publick Debate and that a privat Conference wth a ffew p'sons of both houses wherein Secrecy may be alowed and enjoyned to all partyes, save onely such matters as the said p'sons shall agree to report to either house, it is p'posed by the Governor and Councill to the Deputyes that such p'sons may bee appointed by either house to meet together from tyme to tyme and in such place and tyme as they see meet, And as p'sons who may vnderstand the Interest of the p'prietors and of the province in |