The Lower House. 301

By his Ex^cy the Governour & Councill in Assembly
June 26^th 1702

Wee have directed the Gent herewith sent to Comunicate
to you some proceedings in Counc^ll of the Eighth of May last
upon the Occasion of his Ex^cys being informed that Lieu^t Coll^l
Thomas Smithson Cheife Justice of the provinciall Court (and
who had given great Sattisfaction to the Countrey in dis-
charge thereof) had desired to be Excused and was not willing
to Serve any longer in that Station
After your Consideration thereof wee recomend to you that
you would Encourage the sd Coll^l Smithson cheerfully to
persist in the Execution of his office by Suiteable rewards to
his Services he being very well quallified for that Commission
by his learning and great Study And it being very credittable

P. R. O.

for the Countrey to have such a p^rson to fill That place Tho
at the Same time wee must Informe you that his Ex^cy Affirmes
the said Coll^l Smithson has often mov'd him Expressing his
Inclinations as desireous to be excused from Executeing that
trust any longer but are confident will be ready in some
great Measure to foregoe his privatt affaires and continue
upon the termes proposed if the house thinke it may be of
Service to the Countrey
Sign^d p ord^r W Bladen Clk Counc^ll

M^r W Bladen Clk of the Councill likewise appeared and
produced and read to the house the proceedings of the Eigth
of May as Above intimated and Soe with drew
And thereupon the same was read and debated And all
Comittees being Called the house resolves on to A Grand
Comittee fully to debate the matter in the above message Con-
taind and haveing made choice of M^r W^m Dent their chairman
And the Comittee haveing considered the matter by the
Governeur and Councill propos^d in relation to an Allowance
to be made Coll^l Smithson and then the Comittee disolved
& M^r Speaker againe tooke the chaire
1 Maj^r W^m Dent chairman reports as foll^s The sd Coll^l
Smithson is a p^rson in all respects Quallified for that office
and has deserved not only in that but other matters very well
of this province and is well worthy a Consideracon for the
same

fo. 10

2 Wee never understood that any Countrey or province has
paid any Judge or Justice Sallary Except defraying their
charges but such charge has been allways Defray^d out of his
Maj^ts revenue.
3 For which causes wee cannot thinke fitt to lay any burthen
upon the publick to raise such Sallary as is proposed

fo. 11