to Bail by Thomas Griffitts, Esq'" one of the Justices of the Supream Court of Pensilvania, as 'tis said, and therefore I Cannot have the Body of the within-named Israel Pemberton, Jun' at the Day and Place within-mentioned, as by the within writt I am Commanded. "SEPT. ROBINSON, Sher." The Writt having been read, the Governor said that he believed it was the first Instance of a Writt of Habeas Corpus being granted to take a Person suspected of Endeavouring to disturb and break the Peace of the Province out of the Hands of an Officer before Examination, and that as to the Form of the Writt and the Methods of proceeding, he thought both illegal in every part, and express'd his Concern that a Magistrate of the Supream Court should suffer himself to be surprized into the signing it without consulting some Person learned in the Law, or even taking Time to exercise his own Understanding or Judgment. However, he said he himself was resolved not to proceed on the Warrant till he had taken Time to consider and advise upon it. Mr. Griffitts then express'd great Impartiality and Concern, and declared that he thought it a Matter of Course, and therefore had signed it as such. The Sherif was then called in, and having declared that he had been with Mr. Pemberton, and let him know that he was ordered to appear before the Governor and Council at four of the Clock, which he refusing, had served the Warrant upon him; That Mr. Pemberton read the Warrant and called it Nonsense; That he, the Sherif, being ordered by the Secretary to behave towards Mr. Pemberton with Civility, had permitted him to go out of his Sight, in the House of John Kinsey, Esq' after his Word given that he would not escape; and that he notwithstanding had escaped. The Governor told the Sherif that as he looked upon the Habeas Corpus to be illegall, the Sherif was answerable for the Escape, and that Israel Pemberton, consequently, was not legally discharged from his Custody. The Council was then adjourned Sine Die. At a Council held at Philada., February 28th, 1739. PRESENT: The Honble GEORGE THOMAS, Esqr., Lieut. Governor. Anthony Palmer, Samuel Hasell, Thomas Griffitts, } Esqrs. The Minutes of the last preceeding Council being read and approved, The Governor informed the Board that, having consulted some Gentlemen learned in the Law, on the writt of Habeas Corpus signed by Thomas Griffitts, Esq' at the last Meeting, had found that his Opinion of the Illegality of that writt was well founded, and having given many reasons for it, informed the Board that he issued another Warrant for taking Israel Pemberton and bringing him before him and Council; but that the said Pemberton being gone to Chester, he could not be taken this day, therefore adjourned the Council Sine Die. At a Council held at Philada, February 29th, 1739. PRESENT: The Honble GEORGE THOMAS, Esqr., Lieut. Governor. Samuel Preston, Clement Plumsted, Ralph Assheton, Esqrs. The Minutes of the last preceeding Council being read and approved, The Sherif attending without was called in, and being asked whether he had executed the Warrant against Israel Pemberton, Jun' said that he had been frequently at the House of Israel Pemberton, and that he was denied to be at Home; That he had seen him once walking before his Door, but that so soon as he went towards him he went into the House and would not be seen by him. The Governor then informed the Board that Andrew Hamilton, Esqr., had been with him just before the Meeting of the Council, and had told him that the Father of the said Israel Pemberton had been at his House and expressed great uneasiness at his Son's being obliged to keep his House for fear of being taken by the Sherif, to the great Prejudice of his Business, and that he wished the Warrant might for the present be withdrawn. The Governor observed at the same time that the several Shifts made by the said Pemberton to avoid appearing before him and Council, and his concealing himself for two days past, shew'd such a Consciousness of Guilt, and was such a Proof of his not being able to justifie what he had said, that he was contented to withdraw the Warrant for the Present and proceed against him in some other way; which not being objected to by the Board, the Governor ordered the Sherif to return the Warrant, and then the Council was adjourned until further Summons. Declaration of Mr. Robinson, Sherif. Feb. 29th, 1739. That yesterday about twelve of the Clock he came to Town; his Deputy gave him a Warrant from the Governor to take Mr. Pemberton, Jun; that he went to Mr. Pemberton's House about one of the clock, and had answer that he was not in town; he went again about three of the Clock, and had answer that he was gone out; he went this morning about three-quarters of an hour after Eight in the morning, and asked his Clerk or Book Keeper if Mr. Pemberton was at home, who said he was, and went to some other Apartment of the House, as he thought, to see for his Master, but returned and said his Master was in bed; Mr. Robinson went to another Door of the House, and asked Mrs. Pemberton if Mr. Pemberton was within, who said he was in Bed; Mr. Robinson asked what time he would be up, and had answer he would in half an hour; he went towards Mr. Pemberton's House about twelve of the Clock, and in his going down Chesnut street, by John Miller's at the Sign of the City of Dublin; he saw Mr. Pemberton standing on the Platform at his own Door, but when he had got so far as Front street, he saw Mr. Pemberton tack about and go into his House, and since has seen nothing of him. At a Council held at Philada., March 10th, 1739. PRESENT: The Honble GEORGE THOMAS Esqr., Lieut. Governor. Samuel Preston, Clement Plumstead, Thomas Laurence, Esqrs. } The Minutes of the last preceeding Council being read and approved, The Governor laid before the Board a Notice he had received from Maryland, of a Commission out of the Great and High Court of Chancery in England, signed by three of the Commissioners appointed by the Lord Baltimore, signifying that the said Commission would in part be executed at Annapolis on the Eleventh day of April next, and observing that the Assembly of this Province stood adjourned to the fourteenth of the same Month, and that the Speaker is one of the Commissioners appointed by the Honble Proprietaries of Pennsylvania, and that consequently it would be impossible for him to attend both. The Governor proposed the issuing writts to call the Assembly on the twenty-seventh of this Instant, that they might then either proceed upon Business or adjourn to such further time as they should think fit; which being approved of, a draught of the Writts was read and ordered to be writ over fair for the Governor's signing. The Governor then laid before the Board a Letter dated the twenty-sixth of January last, which he wrote to Jacob Kollock and Rives Holt, Esqrs., pursuant to An Act of Assembly in the three Lower Counties, to restrain Pilots from going on board Vessells bound up the Bay without Lycense; which was approved of. But it was desired that the Governor would further order those two Gentlemen to give the several Pilots their turn, that no partiality might be complained of in regard to their preferring particular Pilots, which the Governor promised to do. The Governor likewise read a Letter he had received from the Governor of Maryland, complaining that a Warrant signed by some Magistrates in Newcastle County had been executed on a Person's Goods in Cecil County, with his answer thereto. At a Council held at Philada., April 12th, 1740. PRESENT: The Honble GEORGE THOMAS, Esqr., Lieu" Governor. The Minutes of the preceeding Day were read and approved. The Governor laid before the Board a Letter he had received from His Grace the Duke of Newcastle, dated the twenty-ninth of October, One thousand seven hundred and thirty-nine, as also one of the fifth of January last, a Letter from Col Spotswood, of the third of April, Instant, and one from the Clerk of His Majesty's Most Honourable Privy Council, of the twenty-sixth of November, One thousand seven hundred and thirty-nine; all which being read, It was ordered, That a Proclamation, pursuant to His Grace the Duke of Newcastle's Letter, one of His Majesty's Principal Secretaries of State, dated the fifth of January last, be prepared for inviting His Majesty's Subjects in this Government to Înlist in the glorious Expedition now on foot for attacking some of the most considerable Spanish Settlements in the West Indies, and laid before the Board on Monday next, that it may be published immediately after His Majesty's Declaration of War against Spain. At at Council held at Philada., April 14th, 1740. PRESENT: The Honble GEORGE THOMAS, Esqr., Lieut. Governor. The Proclamation Ordered to be prepared was laid before the Board, read and approved, and ordered to be wrote over fair for the Governor's Signing, As was a Copy of some Advertisements to be sent into the several parts of the Province. "By the Honourable George Thomas, Esqr., Lieutenant Governor and Commander-in-Chief of the Province of Pennsylvania, and Counties of New Castle, Kent, and Sussex, on Delaware. [L. S.] "A PROCLAMATION. "His Majesty having thought fit to declare War against Spain, and being determined by all possible Means to distress and annoy the Spaniards in the most effectual Manner, and particularly by making an Attempt upon some of their richest Settlements in the West Indies, The King has been pleased for that purpose to order a large Body of Troops, under the Command of my Lord Cathcart, a Major General of His Majesty's Forces, to go from England with a sufficient Convoy of Men-of-War to a proper place in the West Indies, to be appointed for that purpose, there to be joined by the Squadron under the Command of Vice Admiral Vernon, now in the West Indies, and by such a Number of Troops as may be raised in His Majesty's Colonies and Islands in America. "And as it has been represented to the King that a considerable Number of Men may be easily had, upon proper Encouragement in the British Plantations, and particularly in His Majesty's Colonies on the Continent of America, in Conjunction with the regular Troops to be sent from England, It is His Majesty's Pleasure, signified to me by his Grace the Duke of Newcastle, One of His Majesty's Principal Secretaries of State, That I should forthwith make the proper Dispositions for raising as many Men as I shall be able to procure within my Government; And that his Majesty intends the Troops to be raised in North America shall be commanded by Col. Spotswood, a Vigilant & Experienced Officer: the whole, however, to be, after they shall have joyned the regular Troops, under the Command of my Lord Cathcart, General & Commanderin-Chief of all his Majesty's Troops sent to or raised in America. "It is likewise His Majesty's Intention to give all proper Encouragement to the New Levies, by ordering them to be supplied with Arms and a proper Cloathing, and to be paid by his Majesty, with an Assurance of their coming in for their Share of any Booty that may be taken from the Enemy, and of their being sent back to their respective Habitations when the Service shall be over, unless any of them shall desire to settle themselves elsewhere. "His Majesty will order to be sent by Col. Blakeney, who is appointed Adjutant General in this Expedition, a Number of blank Commissions, to be given by me to the Officers in this Government that are to Command the Troops raised here under Col. Spotswood. "As His Majesty doubts not but the many Injuries & Cruelties which the Inhabitants of the British Plantations have suffered from |