Resolved also, that new Commissions of the Peace be issued for the several Counties, and that Colo. John French, Robert Gordon, Joseph England, Charles Springer, John Richardson, James James, William Battell, David Evans, Andrew Peterson, Ebenezer Empson, Hans Hanson, James Dyre, Samuel Kirk, Richard Grafton & Simon Hadley, be Commissionated Justices for New Castle County.

And that Robert Gordon, Benjamin Shurmer, Richard Richardson, Charles Hillard, Thomas French, Mark Manlove, Timothy Hanson, John Hall, James Worrell, Joseph Booth, junr., John Brinklow, Thomas Berry, George Nowell, John Houseman, John Tilton, William Manlove & Hugh Durborrow, be Commissionated Justices for Kent County.

And that Henry Brooke, William Till, Philip Russell, Samuel Rowland, Woolsey Burton, Simon Kollock, John May, Jeremiah Claypoole, Jacob Kollock, Thomas Davis, John Jacobs, Samuel Davis & Joseph Cord, be Commissionated Justices for the County of Sussex.

The Board being informed that there are some Negroes Prisoners now in the County Goal of Sussex, committed thither for certain Crimes. Resolved, that a Commission for the Tryal of Negroes, according to a Law of these Counties be issued, and that the same be Directed to William Till & Philip Russell, of & for the sd. County of Sussex.

And then the Council adjourned.

At a Council held at Philadelpiha, August 2d, 1726.

PRESENT:

The Honble PATRICK GORDON, Esqr., Governour.

The minutes of the preceeding Council being read & approved; also was read a Draught of a Commission to be issued for constituting the Supream Court in the Lower Counties, pursuant to a resolution of the Board, at New Castle the 25th of July last, which was also approved.

Then the Governour laid before the Board a Speech in Writing which he intended to make to the House of Representatives, desiring the opinion of the Council thereupon.

The Speech was unanimously approved of by the Board, and the House of Representatives being sent for attended with their Speaker, to whom the Governour spoke as follows, viz:

"Mr. Speaker & Gentlemen of the Assembly:

"After my Arrival here with my Family, I earnestly wished for "the Opportunity your own Adjournment has now given me of see"ing & speaking to the Representatives of the good People of this "Province, whose general character for Sobriety & Industry, above "many other of his Majesties Subjects, added much to the pleasure

"I received from our Honble Proprietors Nomination of me to serve "them and you in this Station.

"And I question not, Gentlemen, but all those who have a due sense of Gratitude for the Merits of the worthy Founder of this (( Colony under the Crown, will be very well pleased to find, by my "Accession, that no Disputes amongst his Descendants could dis"able them from pursuing the common Measures, according to their "undoubted Right, in substituting their Deputy for the Administra"tion of this Government, nor prove any Obstruction to the Kings "Gracious Approbation of their Appointment.

"His Majesties Concurrence is what all men might rationally "expect from a Sovereign, whose innate Goodness, impartial Justice, " & unwearied Vigilance, not only for the Security & Liberties of "his Subjects, but for the general Benefit & Freedom of Mankind, "have made him the object of the Love or Terror of the Nations "round him & the Proprietors Family. I assure you, Gentlemen, 66 express so sincere a Zeal & so tender a Concern for your HappiCL ness, that principally on this Foundation I hope to recommend "myself to their Regard; For their Interest & yours they esteem "inseperable, & consider those as Friends to neither who would at"tempt to Divide them.

"From hence it is that I, in a great measure, account to myself "for their Choice of me before divers others who solicited their Fa(( vour, For Knowing that I had been bred to the Camp, remote from "the refined Politicks which often serve to perplex mankind, And "that an honest Plainness, free from Art or Disguise, made up the "main of my Character, amongst my Friends & Acquaintances, the "Honble the Proprietors rightly Judged, that such a Person could "form no views, but what would be openly avowed, and therefore he "understood by every Man they could affect.

"This notwithstanding might lay me under some Discouragement, "lest on nicer Occurrences, I might fail in the Discharge of so im(( portant a Trust, but I have even been perswaded; that to do Right "is not so difficult a Task, as some would render it. In Emergencies "of Weight & Moment, I shall endeavour to Fortify myself with "the Advice of the Representatives of the People, when it may be "had, and at all Times, with the Judgment of such only as I can be "assured have the true Interest of the Publick, so seriously at heart, "that nothing private can interfere with it.

"To discountenance Parties, Divisions, & Factions in Government, "to maintain Right & Justice, to promote Vertue, to suppress Vice, "Immorality, & Prophaness, to assist & protect the Magistrates in "Discharge of their Duty herein, to Encourage Legal Trade, & to (6 use the Indians well, as they are plain, so they are the principal "matters I have in Charge, in all which I shall depend on the Con(6 currence of the Assemblys of this Province where any further "Provision by Laws to be Enacted for any of the said Purposes may "be necessary, and on my part, nothing in my Power shall be want"ing to Enforce their Execution.

"To transmit our Laws duely to his Majesties Privy Council, pur

"suant to an Injunction in the Royal Charter, and to have a proper "Agent appointed, is another Article, Gentlemen, I am to Recom"mend, & you will easily perceive this to be of such Importance, "that I promise myself, it cannot fail of your serious thoughts & "Consideration.

"These Heads, Gentlemen, I judged necessary to mention toge"ther at this our first meeting, which may now, or hereafter, at the "most proper Seasons be ducly Considered, To which I shall only "add, that to secure the Peace, & advance the Prosperity of the "People of this Province, and to concur with their Representatives "in such measures as may best obtain these Ends being Equally my "Duty & Inclination, for what relates more immediately to my Self, "I shall so far depend on their Goodnes & Justice, as to hope I shall "never have occasion to put them otherways in mind of it, but that “ we may on both sides rest secure of an honourable discharge of "what is incumbent upon us, reciprocally to each other.

At a Council held at Philadelphia, 25th August, 1726.

PRESENT:

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

The Minutes of the preceeding Council being read the Governcur proposed the taking into Consideration the issuing new Commissions of the Peace in this Province, Whereupon some members observed, that the Commissions which heretofore used to run in the Proprietors Stile had for some years past been disused, & lieu thereof the Kings Stile introduced, and proposed, that that Mark of the Proprietors Power & Authority should be again restored in issuing of these Commissions; To this most of the members spoke in their Turn, and agreed that as this is a Proprietary Government, in which the Governour himself derives his Commission and Authority from the Proprietor & is only approved by the King, it were proper, that all other Commissions in the Government should issue in the Proprietors Stile, But it being considered that the Disputes in the Proprietary Family are not as yet fully settled; The Board is of opinion that it will be more convenient for the present that the Commissions be issued of late in the Kings Stile, tested by the Governour, and that in the Teste the Proprietors Power & Authority shall be sufficiently expressed & acknowledged.

The Governour advising with the Board about filling up the Commission of the Peace for the County of Chester, the following Persons were agreed on, vizt: John Wright, Richard Hayes, Henry Pearce, Nathaniel Newlin, John Wood, Henry Hayes, Isaac Taylor, Elisha Gatchel, Samuel Nutt, John Crosby, Abraham Emmet junr., Thomas Reid, George Assheton, Tobias Hendricks, Andrew Cornish, Mercer Brown, Evan Lewis & Wm. Pyle.

Resolved also, that the following be commissionated Justices for the County of Philadelphia, vizt:

Isaac Norris, James Logan, Anthony Palmer, Samuel Preston, William Fishbourn, Edward Farmer, Clement Plumstead, John Swift, Charles Read, Robert Fletcher, Thomas Laurence, Evan Owen, Edward Roberts, Thomas Fenton, Richard Harrison, Joseph Assheton, Derrick Jansen, & Owen Evan of North Wales.

At a Council held at Philadelphia, 15th Septemr., 1726.

PRESENT:

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

Richard Hill,

James Logan,
Samuel Preston,

Robert Assheton,
Henry Brooke,

William Fishbourn,

Esq'rs.

The minutes of the last preceeding Council were read & approved. The Governour proposed it to be considered by the Board, before they entred on any other Business, whether it might not be adviseable in divers Respects to appoint some other Person to officiate as Clerk of the Council, for altho' the present Clerk appeared fully capable of discharging that Trust, Yet as he is known to lie under deep Engagements to that Party, who are at this time manifestly endeavouring to disturb the Repose of the Publick, It may not be expedient to admit him as a Witness to all the Consultations that may necessarily be entred on here; And thereupon the Governour proposed Robert Charles, a young Gentleman he had brought over with him as his private Secretary, in whose Fidelity, he assured the Board, they might fully confide, to supply the Place of the other, if the Council should think fitt to approve of him. The Board readily agreed, that a Change might be expedient, But as it highly concerned all the Members, that the Minutes of their Consultations should be faithfully taken & kept, The Governour was requested that they should be under the Direction & Keeping of James Logan, & He was desired to inspect & assist in the Draught of them, and thereupon the said Robert Charles was admitted.

The Governour then acquainted the Board, that the occasion of his calling them at this time, was, that the Commissions to the Provincial Judges, which were necessary to be renewed against the approaching Court, should be considered and whether there ought to be any Alterations made in the Persons who were to be constituted.

These Persons being David Lloyd, Richard Hill & Robert Assheton Esquires, It was thought proper at this time, that the first, vizt: the Chief Justice should be continued, as well as the second, But Robert Assheton finding that some objections had been made against his sitting in the Supream Court, while he was Recorder of the City of Philadelphia, desired that he might decline this Commission, But as this might be construed by the People, who had on some late occasions expressed too little Regard to his Station, to be a Diminution of his Honour & Reputation, that Point ought carefully to be guarded

by this Board, for that as the said Robert Assheton had been invited over into this Countrey by the Proprietor himself, as his near Relation, above twenty seven years since, to take upon him some advantageous Posts in Clerkship, for which by his Education he was very well qualified, and that he had with great abilities for about twenty six years filled the office of Clerk & Prothonotary of the City & County of Philadelphia, there should be all due Regard shew'd to him by this Board, and his Reputation be supported & defended in the legal Discharge of his Trust & Duty, in which he was desired to use all due Circumspection, that no envious or other Person might have any just advantage against his Character, or against the Administration on his account in any Respect whatever.

And it was then inquired, what Powers the said Robert Assheton was invested with, as Recorder of the City of Philadelphia, And the City Charter being produced & considered, It was the unanimous opinion of the Board, that his office of Recorder fully invested him with all the Powers of a Justice of the County & City of Philadelphia, to all Intents & Purposes whatsoever, and that by Vertue of his said Office he might legally discharge all the Powers & Duties of a Justice of the said County, as fully as if he were named in the General Commission, only he was advised, that he should not sitt on the Bench judicially with the other County Justices, because as he is Clerk of the Peace & Prothonotary of the Court of Common Pleas, some umbrage might be taken at his acting in both these Stations.

Upon Mr. Assheton's declining the said Office of Provincial Judge, the Governour desired the Board to consider of a fitt Person to be appointed the third Judge in his Stead, And Jeremiah Langhorn Esquire being named, the Board unanimously agreed, that he should accordingly be appointed & putt into that Commission.

At a Council held at Philadelphia, 23d September, 1726.

PRESENT:

The Honble PATRICK GORDON, Esqr., Lieut. Governour.

The Minutes of the preceeding Council being read & approved. It was observed that some Members of this Board had of late not taken their Places, nor been entred on the Minutes of Council according to their Seniorities, And it was therefore moved and agreed to, that the Minutes should be searched for a Rule therein, to be observed for the future.

The Governour acquainted the Board, that one Alexander Molliston of the County of Sussex had about seven or eight days since brought him a Petition, complaining of some Abuses he had received in that County-that the matter of it, in the Governours opinion, was fitt for the Cognisance of this Board, that most of the Members