some know how had crept in, without any Condescension, Warrant or authority from the Proprietor & Governour in Chief.

If therefore you continue in the same mind, it's plain that here is sufficient Occasion given for some alteration, So that all arguments in behalf of the Precedents Immediately before us, and for Continuing y same fforms are to be laid aside, and as I conceive the Question will then come to this single point, vizt. Whether these Commissions ought for the future to be Issued in the Kings name and tested by the Governour, or in the Proprietors name with the like Test.

I do not pretend so nicely to Judge of, nor to be so well acquainted with the Nature and Extent of the Proprietors Title to the Dominion of this Country, as several Gentlemen here present, from whose greater Experience and Knowledge therein we may doubtless expect to be fully satisfy'd.

But I will pretend to have as true a Regard for the Proprietors honour & Just Interest, as any person whatsoever.

And at the same time I will frankly deliver my Opinion that the Commissions mentioned, ought to be Issued in the King's Name, and Tested by the Proprietor and Governour in Chief himself, or in his absence, by the Deputy Lievtenant Governour present; and my reasons for this Opinion are:

1st. That in any case where the King, (as in the Proprietor's Letters Patents,) Expressly reserves to himself and his successors the allegiance due from a subject to his sovereign; his Majesty cannot at the same time be understood to Grant away and transfer any Prerogative which is Essential to, and inseparable from the Sovereignty it self, and which the Common and Statute Laws of England do assert to be the Inherent and unalienable Rights of the King's Majesty.

2ndly. That whatsoever might have been the Practice at the beginning or Infancy of this Colony, Yet by the Course and administration of Governmt. now for several years past, it doth appear that neither the Proprietor nor any officer under him ever so much as claim'd or pretended to the Prerogative of Issuing any manner of Process in the Proprietor's Name, On the Contrary, Acts of Assembly have been pass'd, and are now in fforce to Command and Direct all Process to Issue by Writts in the King's name.

Wherefore I conceive that as the Judges' Commissions cannot possibly be derived or proceed from any lesser Authority; So neither Can two such different and distinct Personages as the King and his subjects, be made Use of to authorize and carry on the several Compounding parts of one and the same Process.

3dly. I have with attention perused this Copy of the Proprietors Letter Patents now in my hand, and do verily think that any person who has been but a little Conversant with the Law & Constitution of England, cannot possibly Interpret the Powers of constituting Judges, &c, thereby granted to the Proprietor any otherwise than that the Proprietor is by these Letters Patents authorized and Priviledged to make use of his Majesty's name in the Issuing of Certain

Commissions for the better Government of the Kings subjects in this Colony, to such person or persons here as the Proprietor or his Deputies shall think proper for that service.

4thly I cannot but understand the Priviledge Granted to the Proprietor by these Letters Patents of Issuing his Commissions in the Kings Name to such persons as he shall think ffitt to be more honourable of greater authority, ad I am sure, attended with more safety, as well as Entituled to greater protection, than if it had or - could have been Granted, as some would now seem to understand it.

5thly. Should these Commissions be granted in any other than his Majesty's Name, I conceive that if it did not actually overturn, it would at least subject all our judicial proceedings in this Government to such Exceptions and Cavils as must render the Magistracy Contemptible if not blameable.

And Lastly, I have but too much reason to apprehend that such a measure would greatly endanger the Proprietors unquestionable Right to Chuse & appoint the officers of Government in this Province.

These, Gentlemen, are the reasons why at this time I think that the Commissions for Judges and Justices of the Peace ought to be Issued in his Majesty's name.

But as this matter is in itself altogether indifferent to me on any other Accot. than what is above mentioned, I am not only ready to hear your opinions, but also to follow any advice which you shall think proper and Consistent with my Duty to the King, the trust which I have received from the Proprietor, and the Reputation of an honest man.

The matter being largely debated, it was alledged on the other side, That the difficulty of coming to any certainty in this and such other points, arises from our not distinguishing fully between the state of England and that of New Colonies made without the Verge of the ancient Laws of that Kingdom.

That as the King of Great Brittain can grant his Royal Licence to any number of his subjects, to transplant themselves out of that kingdom into any other Princes Dominions where they would not be Governed by the Laws of England; So he may unquestionably grant them the same to remove into any foreign Land where they may find footing, and this upon such Conditions as he shall think fitt to prescribe to them.

That these American Lands being new Discoveries of Tracts long Settled by their native Inhabitants the Indians, who were under no subjection to nor had any knowledge of the Laws of England; those Laws whenever they come to reach these Lands, must by some regular method be extended to them, for they cannot be supposed of their own nature to accompany the people into these Tracts, in America, any more than they would the same persons going into any other foreign part of the world.

That King Charles the Second, in the Grant of this Colony to our Proprietor gave him, with the people accompanying him, full power

to Enact Laws for themselves not repugnant to those of England, without extending any other than such as were judged absolutely necessary for the peoples peace and Common safety, till such time as they should think fitt to alter them.

That the King, in reserving to himself the sovereignty over these People, declared only that they were to Continue his subjects, and that he was still their natural Prin; But that his Royal Prerogative as Exercised in England, which in some measure is a part of the Laws & Constitution of England, can no more be understood to accompany the Sovereignty than all the other Laws can, for in England it is the Prerogative of the Crown, amongst other things to summon and dissolve Parliament; but it is not so with our assemblies while our own Laws are in force.

That the Proprietor, by Virtue of the Powers of the Royal Grant, has by his Charter to the People of this Province, appointed the Election and Meeting of Assemblies; as also the Election of Sherifs and Coroners, (who in Great Brittain are the immediate officers of the Crown) in a manner wholly Inconsistent with the Royal Prerogative in England; and this method being further enacted into a Law, it has passed the Royal assent, which is a full proof of the Crowns approbation of it. In the same manner the Proprietor might have granted the appointment of Judges and Justices, without any Commission from himself or his Lievtenant, which would have put this matter in Debate out of Question.

Therefore, the Practice in England in these cases cannot properly be pleaded as a rule to us.

The other Proprietary Governmts. in America, particularly Carolina and Maryland, have used their own stile and granted their Commissions only in the Proprietors names, without being questioned for it as far as we have heard, and the same having been hitherto practised, here appears there no necessity that at this time such an Innovation should be introduced by our selves, while under the Proprictors Government,

That the alteration in the stile of the Writts some few years agoe was but an accident, and implies no necessity that commissions should run in the same, writts being but a part of the practice of the English Law, which it has been thought proper in-s -some measure to introduce into our Courts, but that the Commissions being a delegated Power from the Proprietor and his Lievtenants, they may justly bear the name of him in whom the power of Granting them is principally Lodged.

"Tis therefore humbly proposed, that the Proprietors stile should still be Continued till such time as the Government be resigned to the Crown or such orders be given for that purpose, as have never hitherto appeared that we know of in any Proprietary Government in America.

And a majority of the Council adhering to these sentiments, The Governour at last Condescended, that the said Commissions be Issued in the Proprietors name and tested by the Governour, which was Order'd to be done accordingly.

At a Council at Philadelphia, the 15th ffebry., Ao., 1717.

PRESENT:

The Honble WILLIAM KEITH, Esqr., Lievt. Govr.

Richd. Hill,
Isaac Norris,
Jona. Dickinson,

Robt. Assheton,
James Logan, Secry.

The Governr. acquainted the Board that the Proprietors Commissioners of Property had lately Represented to him in Writing, that certain persons from Maryland had, Under Colour of Rights from that province, lately Survey'd out Lands not far from Conestogo, & near the thickest of our settlements to the Great Disturbance of the Inhabitants there, and that for preventing the Disorders which might arise from such Incroachments, they Desir'd that magistrates & proper officers should be appointed in those parts in order to Prevent the like for the ffuture.

The Governour also imparted to the Board the Copy of a Letter which he had wrote on this Occasion to Collo. Hart, Governour of Maryland, and further added, that this Day the Secretary had shewn him a Letter from Collo. ffrench, Informing of ffurther Designs of the same kind, that the same persons from Maryland were Immediately upon putting in Execucon; That hereupon he thought it necessary fforthwith to Call the Council, as he now did, and Desired their Advice what methods might be most proper to be taken in the premises.

The Board was unanimously of Opinion that these procedures being a Bold & most unjustifiable attack upon the proprietor's rights and Possessions that have never been hitherto disputed, the Consequences of which must necessarily be Injurious to the settlements of those parts of the Country, and very much disturb our friends, the Indians in that neighbourhood, therefore, some speedy and Effectual Measures ought to be taken to prevent these Inconveniencies; And Whereas, Collo ffrench had hitherto shewn a zeal Equal to his Capacity to serve the Proprietor in all such Cases; It is therefore proposed that he should be appointed by commission from the Gonernr., Ranger & Keeper of the marches of this Province, as well as of the Lower Counties, on such terms as he and the Commissioners can agree, with full Power to apprehend and bring before the Governour all such Invaders, in order to be proceeded against according to Law.

It is also further resolved, That magistrates shall be appointed in the said Parts as soon as the names of the most ffitt persons residing there can be had.

Ordered, that a Commission to the sd. Collo. ffrench for the purposes aforesd., be forthwith prepared by the Secretary; and then the Council adjourned.

2*

At a Council at Philadelphia, y 21st ffebry., 1717.

PRESENT:

The Honble WILLIAM KEITH, Esqr., Lievt. Govr.

Richard Hill,
Jonath. Dickinson,

James Logan,
Robert Assheton,

An act for Laying a Duty upon Sundry Liquors Retailed in this Province: An act for the better Encouraging the Trade of this Province; An act for Laying a Duty on Wine, Rum, Brandy, Spirits, Cyder, Hopps, and Flax, Imported into this Province; An act for ✓ continuing a Duty on Negroes brought into this Province; An act for Raising a Duty upon Tonnage of Ships and Vessels; An act Concerning ffeme sole Traders were read at the Board, and several amendments proposed; then the Council adjourned till to-morrow morning.

At a Council at Philadia., y° 22d ffebry., A° 1717.

PRESENT:

The Honble WILLIAM KEITH, Esqr., Leivt. Govr.

Richard Hill,

Isaac Norris,
Samuel Preston,
Jonathan Dickinson.

Anthony Palmer,
Robert Assheton,
James Logan, Sec'ry.

Forasmuch as John Collison, Hance Dollar, John Rennalds, Benjamin Hutchins, and John Bell, just arrived in this Colony in the Sloop Williams Endeavour, Richard Taylor, master, have Appeared voluntarily before the Governour at this Board, and as by their particular Examinacons, have acknowledged their having been Lately guilty of Piracy, but unanimously asserting that their Behaviour is within the Limits of his majesties late Gracious Pardon, Which accordingly They do Claim; It is thereupon the Opinion of the Governour and this Board, that they be not apprehended or Prosecuted for the Piracys Which they have now acknowledged; But that they may be Dismist until it Can be made appear by some Evidence, that their Condition and Circumstances are not Comprehended within the terms of his Majesties Proclamacon for pardoning such Offences.

An act for the more effectual raising County Levys, was read, & a Debate arising abt. the passing of the Bill as it now stands, the Governr. desired that such gentlemen at the board who had any substantial objections agt. the passing of this Bill, might either now enter their dissent with their reason on the minutes, or afterwards to extend their reasons as they think fitt, & if the Governr. shall happen to ffind himself under any necessity of passing this or any other Bill, contrary to the majority of opinions at this Board. He declared, that in such case he wou'd likewise insert his reasons for so doing in the minutes of Council.