as well their Records ought to be kept within their Government, as that their Officers ought to reside therein.

Then was read the Petition of Mr. Evans, setting forth that he having a Right & Title to the Office for Probate of Wills, and granting Letters of Administration in & for the Counties upon Delaware, by Patent from the Honourable William Penn, Esquire, late Proprietor, & having been kept out of Possession of the said Office by John French, lately deceased, humbly prays to be admitted to the Enjoyment & Possession of the said Office according to the Tenor of

his Patent.

The Board having Enter'd into the Consideration hereof, Observed, that the granting of Patents for Publick Offices generally made the Officers less carefull of their Charge, & less sollicitour to please, than those who only hold them at Pleasure. And 'twas considered in the present Case, that since Mr. Evans enjoys by the Patent the Office of Register for the Province, & resides at Philadelphia, it would be a very great Hardship if the Inhabitants of the Counties should be obliged to come up here whenever they had occasion to apply to that Officer, & that it was even to be questioned whether they would submit thereto, being expressly Contrary to a Law of that Government, whereby it is declared that no Office within the same shall be held by any Person, unless such Officer live & reside in the County wherein he holds his Office, which Law the Majistrates have in View by the foregoing Letter, when they desire, in the Appointment of their Officers, that Regard may be had to their Laws & Constitution.

The Board is therefore of Opinion, that the Office aforesaid ought to be supply'd by some Person residing in the County, who ought to give good Security for the Faithful Discharge thereof, & that Mr. Evans, if he thought himself aggrieved, may have Recourse to the Law, And then the Board agreed to the nomination of the Several Persons before mentioned, to their respective Offices; but observed, that as the due Prosecution of Criminals tends very much to the Reputation of a Government, & that the present Attorney General had acquitted himself in that Office to the general Satisfaction of the Counties, & was very well qualified for the office now to be conferred on him, it might not be improper to continue him Attorney General for some time, & that if another is appointed, Mr. French would undertake to assist him in the Public Prosecutions.

It was remarked by one of the Members, that Mr. Evans, when he received his Patent from the late Proprietor, agreed to pay a certain Sum yearly to a Widow Gentlewoman, a Relation of the Proprietors, but that he had kept back one half thereof for some years past, on Pretence he was not admitted to the full Enjoyment of the said Patent. And 'twas moved whether it would not be reasonable that those who Enjoy these Offices in the respective Counties upon Delaware, should not make good that Sum so withheld, or in Proportion. And the same was left to the Governour's Considera

tion.

At a Council held at Philadia, Decemr. 16th, 1728.

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

James Logan,

Isaac Norris,

Samuel Preston

William Fishbourn,

PRESENT

The Governour laid before the Board a Draught of a Specech which he proposed to make to the house of Representatives of the Province, who were to meet this day, pursuant to their adjournment, & desired their Opinion theron ; & at the same time acquainted them that a Resolve of that House at their last meeting was presented to him, touching which he was now to take the Advice of this Board, because it would be necessary to make Mention thereof in the Speech; and the said Resolve being read, is in these Words:

October 16th, 1728.

"Upon a Motion made & Question putt, that inasmuch as there "has been of late several Indecencies used towards the Members of "Assembly attending the Service of the Country in Philadelphia, by rude & disorderly Persons, unknown to this House; Therefore "Resolved, that it be humbly submitted to the Consideration of the "Governour & Council, to make such Order for the Place of next "" meeting of the Assembly of this Province, as to them shall seem "most safe for the Members of Assembly & most convenient for the "Dispatch of the Business of the Country.

"Past in the Affirmative "

Whereupon the Board Express'd their Concern that any occasion. should be given to the House for such a Request, & unanimously agreed that a great Regard ought to be had thereto; but inasmuch as a Removal from Philadia, may be attended with some Inconveniencies, considering the Severity of the Season & shortness of the Days, & may give some Delay in the Settlement of the public Account with the Offices which are kept here, it may be more expedient that the Session should be held here for some time; & if on further Experience the House shall continue in the same Sentiments, that a Removal is necessary, The Board are of opinion that the same out to be adjourned to Chester, as the most convenient place for their meeting next to Philadelphia.

The Speech was then read, (the first part thereof was made agreeable to the Mind of the Board above express'd,) & some Alterations being made was approved.

The Council then adjourned till to morrow Morning, at which time the House was to have Notice to attend the Governour.

At a Council held at Philadelphia, Decemr, 17th, 1728.

PRESENT:

The Honble PATRICK GORDON, Esqr., Lieutenant Governeur.

Samuel Preston,

William Fishbourn,

Clement Plumsted,

Thomas Laurence,
Ralph Asheton,

Samuel Hazle.

Esq'rs.

The House of Representatives, according to Order, waited on the Governr., to whom he made the Speech agreed to in the preceding Minute, which is as follows:

"Mr. Speaker & Gentlemen of the House of Representatives:

"I am perswaded you will not think it proceeds from any Disre"gard to your Message to me at your last Adjournment, that your "present meeting has not been appointed in some other Place than "this City, in which your Members had been indecently treated; "For, as ever since my Arrival amongst you it has not only been "my Inclination, but fixed Purpose, to devote myself to the Service "of the Country committed to my Care, I should take a much "greater Pleasure in attending that Service with the People's Repre"sentatives, wheresoever their Safety & best Conveniences for the "Dispatch of Business might call them, than in consulting my own "Ease, or that of my Family; but having laid this matter before "the Council, as the Charter Enjoyns, they are of Opinion that, "considering the Severity of the Season, with the shortness of the "Days, & that the Settlement of the public Accounts, which is one "considerable Article of the Houses Business, can no where so con"veniently be done as where the Offices are Kept, it may be more "expedient to hold your Session at least for some time here, & then, "if on further Experience you find Reason to continue in the same "Sentiments, that another Place will be more suitable, they agree "with me that you should adjourn to Chester, which, next to Phila"delphia, seems the most convenient Place for your Meeting. In "the mean time, Gentlemen, I must putt you in mind that a Legis"lative Assembly, in Conformity to a British House of Commons, "is invested with a very great Authority. I hope, therefore, you "will not be wanting, as well in Regard to yourselves as succeeding "Assemblies, to make all such Sensible of their Error who shall "dare to treat it with any Indignity, in which you shall have my "ready Concurrence, if necessary, as you shall in every thing else "that may tend to the true Interest & real service of the Publick.

"It is your Zeal for that service, & our Unanimity, Gentlemen, "that will most effectually contribute to extinguish the small Re"mains of a Faction, raised up by the Deepest Ingratitude, & "cultivated by means that I hope will be of no long Duration; For, "when on the one hand, I observe that the ancient Settlers, the most "sustantial & judicious of the Inhabitants, who are most deeply "interest'd in the Peace and Prosperity of the Country, are generally every where easie, & the dissatisfied are made up of some restless "Persons amongst ourselves, joyned by other turbulent Spirits from แ abroad, who, having been uneasy at home thro' the meanness of "their Condition, or Want of Room to display their busie Humours, "tho' they have but very little at Stake, & scarce any thing but their "Noise & Clamour to distinguish them, think fitt to Discharge "themselves here, to the Disquiet of a good & peaceable People; "And while even the most uneasy amongst these cannot point out 66 one real Grievance in the Administration, for I am sure there shall "be none that is in my Power to Prevent or remedy; when these VOL. III.-15

things, I say, are considered, I see no Reason to doubt but that "many of those who have been misled, will, on due Reflection, recover themselves, & see how much Union & Order are preferable "to Division & Confusion, & therefore resolve to study the Ways "that lead to their own Peace, as well as that of the Publick; for "this I conceive is the only thing wanting to render the People of "Pensylvania as happy amongst themselves as any now in the "Universe.

66

"The better to effect this, I must earnestly exhort you, Gentlemen, "in all your Proceedings, to exert that Courage & steady Resolution, "with a becoming Gravity & Solidity, that should ever attend the "Powers of Government, & those concerned in dispensing them. "Government is sacred. It is from God himself, for the Punishment "of Evildoers & the Praise of them that do well. As you, therefore, are one part of the Legislature, which in every Government "is the Supreme, & are the Grand Inquisitors of the whole Province, "I now seriously recommend it to you, to consider what Laws already "in being require to be reinforced, & what new ones may be necesic sary to be enacted for encouraging of Virtue, Sobriety & Industry, "the only means by which a Country can flourish, & for suppress"ing Disorders of every kind, & more effectually securing to the 66 People their most momentous Privileges, against every Attempt "to invade them. And so far as the Execution of any of these "shall depend on me, you may assure yourselves that all the Vigi"lance & Care shall be applied, on my Part, that may contribute to procure to us that Tranquility which every good Man & lover of "his Country must sincerely wish to see Established.

"What relates to the necessary Provisions for the Exigencies of "the Government, with other matters that may require your atten❝tion, I shall leave to your own Consideration, and as any thing "further occurs it shall be communicated to you by Messages; Only "I must make Use of this first Opportunity to acquaint you, that I "have now positive Orders from Britain to provide by a proper "Law, against those Crowds of Forreigners who are yearly pour'd "in upon us, of which the late Assembly took notice in a Message "to me of the 18th of April last. Nor does this arise, as I con"ceive, from any Dislike to the People themselves, many of whom "we know are peaceable, industrious & well affected, but it seems "principally intended to prevent an English Plantation from being "turned into a Colony of Aliens. It may also require our Thoughts "to prevent the Importation of Irish Papists & Convicts, of whom "some of the most notorious, I am credibly informed, have of late "been landed in this River.

"I shall now only add, Gentlemen, that as we are bless'd in a "Sovereign who makes the Happiness of all his subjects the prin"cipal View of all his Reign, & in Proprietors who, I am well assu"red, have nothing more seriously at Heart than the Prosperity of "the People who hold under them, I hope for the future, there will "be no other Contention known amongst us than who shall be most

"forward in making suitable Returns, with gratefull acknowledge"ments to Heaven for the vast Privileges we Enjoy."

The Provincial Treasurer laid before the Board an Account of Expenses by him disbursed, on the Treaty with the Indians at Philadia. in October last, amounting to Sixty four Pounds fourteen shillings and three pence, the Vouchers whereof being examined & approved, the same is recommended to the Assembly for Payment. The Treasurer Likewise produced the Account of the Sale of the Presents made by those Indians, amounting to Twenty pounds two Shillings & four pence, for which Sum he is to give the publick credit. An Account was also exhibited to the Board by John Petty, who, together with Henry Smith, was by order of Council of the 1st of Septembr. last, sent up to Shamokin, on a Message to the Chiefs of the Indians there; And the Board taking into Consideration the Fatigue by him undergone in the Journey, at a time when several Reports of Disturbances amongst the Indians made it necessary to dispatch Messengers thither, are of Opinion that the said Petty be allowed Ten pounds, in full for his Expences & Trouble on that Occasion.

At a Council held at Philadia., Febr. 6th, 1728-9.

PRESENT:

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

A Petition of the Inhabitants of the upper parts of Chester County was laid before the Board & read, setting forth, that by Reason of their Great Distance from the County Town, where Courts are held, Offices are Kept, & Annual Elections made, they ly under very great Inconveniences, being Obliged in the Recovery of their just Debts, to travel near One hundred miles to obtain a Writt; that for Want of a Sufficient Number of Justices, Constables & other Officers, in those parts, no Care is taken of the high ways; Townships are not laid out, nor Bridges built, when there is an apparent Necessity for them; & further that for Want of a Goal there, several Vagabonds & other dissolute People harbour among them, thinking themselves safe from Justice in so remote a Place; And therefore praying that a Division Line be made between the upper & lower part of the said County, & the upper part thereof Erected into a County, with all the immunities, Rights & Privileges which any other County of this Province does now Enjoy.

The Board taking the same into Consideration, are of Opinion that the Governour is fully impowered by Virtue of his Commission, to grant the Prayer of the Petition, if the Same shall appear necessary; but as it is a matter of some Moment & will require a mature Deliberation, It was moved & agreed that the further Consideration