Yale University Library WWWWWWWWWWHWW1F Legislative Journals of the Council OF Colonial Virginia Vol. L Abtotofc**!^^ &w®> YALE UNIVERSITY LIBRARY Legislative Journals of the Council of Colonial Virginia Five Hundred Copies Printed from Type. No 'J LEGISLATIVE JOURNALS of the COUNCIL of COLONIAL VIRGINIA IN THREE VOLUMES Edited by H. R. McILWAINE VOLUME I RICHMOND, Virginia MCMXVIII LIBRARY BOARD VIRGINIA STATE LIBRARY ARMISTEAD C. GORDON, Chairman R. T. W. DUKE, Jr. LYON G. TYLER EGBERT G. LEIGH, Jr. EDMOND PENDLETON Preface. THIS fet of volumes, three in number, the "Legiflative Journals of the Council of Colonial Virginia," contains fuch of the Journals of the Council, acting as a branch of the General Affembly of Colonial Virginia, as the editor has been able to difcover. No Journal has been found for any feffion prior to that beginning the 8th of fune 1780, copy of which was fent to England, as were copies of following Journals, in accordance with orders of the Committee of the Privy Council for Trade and Foreign Plantations dated the 14th of January 1679/80. In the Preface of the "Journals of the Houfe of Burgeffes of Virginia, 1659/60- 1693." PP- xix-xxi, fome account is given of the orders referred to, and of their falutary effedt fo far as the documentary fources of Virginia Colonial hiftory are concerned. In this account the doubt is expreffed that the Journals of the Council as a branch of the General Affembly were formally kept before the 1680 feffion, or, in fa-ft, before the 1682 feffion. For the feffions before 1680 this doubt was bafed on the fadl that though the Houfe of Burgeffes and the Council undoubtedly fat feparately long before the year 1680, the date affigned by Beverley for their feparation, no Council Journal has been preferved. In addition, no reference in any compilation from the earlieft records of the Colony — efpecially the compilation known as the "Bland Manufcript," made about the year 1722 for Sir John Randolph, who had in mind to write a hiftory of the Colony — indicates the former exiftence of fuch a Council Journal. The ftatement as to the probability that the regular keeping of the legiflative Journal of the Council was begun at the 1682 feffion, rather than at the 1680 feffion, was bafed on a reading of the "Calendar of State Papers, Colonial, America and Weft Indies, 1677-1680," Nos. 1375, 1410, 1423, and 1432, the full tranfcripts of the Journals of the Council not being at the time of the writing of that preface in hand. All thefe have now been fecured, however, and they fhow that certainly as far back as the 1680 feffion, the Journal for which is the firft one appearing in this volume, the Journal of the Council as a legiflative body was formally kept, and kept diftincSt from the Journal of that body acting in its executive capacity. On further confideration, it appears, too, to the editor that the note on page 3 of the prefent volume, written feveral months before the time of the writing of this Preface, does not have fufficient evidence to juftify it. Though the Journal of the Council for the 1680 feffion is undoubtedly meagre, this meagrenefs may be accounted for by the inexpertnefs of the clerk, and does not neceffltate a refort to the hypothefis, fet forth in the note, that the order of January 14, 1679/80, did not reach Virginia till after the feffion began. The regular keeping of the legiflative Journal of the Council is thus carried back to 1680; and it now appears to the editor more reafonable to fuppofe that thefe legiflative Council Journals, defpite the failure to find an earlier Journal or a reference anywhere to an earlier one, muft have been formally kept from the time that the General Affembly of Virginia became bicameral — juft as the Journals of the Houfe of Burgeffes were formally kept. The Journals of the pro ceedings of a branch of the General Affembly in a government as well organized as was that of Colonial Virginia at the time when the General Affembly became bicameral,1 and conducted by men of intelligence and experience, muft have been kept with a view to their permanent prefervation. The contrary fuppofition pofits a backwardnefs in this important refpect which does not correfpond with the degree of advancement of the government of the Colony in general. 1 The precife date of the feparation of the two chambers cannot be given, but it poffibly — even probably — took place at the 1637/38 feffion. See Preface of the "Journals of the Houfe of Burgeffes of Virginia, 1619-1658/9," p. xxxvi. [ vi ] The Journals of the Council of Virginia as a legiflative body appear in print now for the firft time, and they will immediately take their place as a fource of Virginia hiftory of equal value, page for page, with their companion Journals of the Houfe of Burgeffes. Many points left obfcure by thofe Journals have additional light fhed upon them in thefe. In one notable refpect the Council Journals are, not infrequently, more informative than thofe of the Houfe of Burgeffes, fince it was the practice for councillors, if they thought the matter of fufficient importance, to have, when they were not in favor of the paffage of bills which neverthelefs gained a fufficient number of votes, their objections fpread upon the minutes. Thefe objections give us a much clearer idea than we fhould otherwife have of the arguments ufed for and againft the paffage of certain meafures. In theory, bills, except thofe in reference to money matters, could originate in either houfe, but in practice the great majority of bills actually originated in the Houfe of Burgeffes. The Council came to be looked upon as a body for the examination and emendation of bills and not one for their origination. Hence the work of the fecond body in connection with the paffage of laws was much lefs onerous than that of the other and its Journals much lefs voluminous. For this reafon, and for the additional reafon that the fpeeches of the governors to the General Affembly as a whole and to the Houfe of Burgeffes and the communications from the Houfe to the governors, with thofe paffing between the two chambers, all of which have already been printed in the "Journals of the Houfe of Burgeffes of Virginia," are not printed again in thefe Council Journals, only references being given, it is poffible to print the entire feries of Journals in three large volumes, whereas the Houfe Journals, with the General Index, required thirteen. The general ftyle of printing ufed in the two fets of volumes is the fame, the only difference appearing in the method of printing the names of members of the Council when compared with that of printing the names of members of the ftanding committees of the Houfe.2 Whereas the names of the ftanding committees of the Houfe were printed in columns, in this way being preferved the ftyle of the original printed Journals for the years for which printed Journals exift and of the manufcript Journals where the printed Journals fail, the names of the members of the Council are printed in lines. The object of this flight departure from the original ftyle is, of courfe, merely to fave fpace. The contractions and fpecial characters ufed in the "Journals of the Houfe of Burgeffes of Virginia" are ufed in this fet of "Legiflative Journals of the Council of Colonial Virginia" alfo, and are as follows: c, indicating ti (menconed, for example, for mentioned) &, indicating -leman or -lemen (genti, standing for gentleman or gentlemen, usually the latter) p], indicating pre (plvent, for prevent) q3, indicating que (annoq3, for annoque) rh, indicating mm (sumon, for summon). In general, a curve over a letter indicates the omiffion of a letter or letters either preceding or following the marked letter. The text of the Journals has in the great majority of inftances been fecured from the copies originally fent to England and now depofited in the Public Record Office, London, the original Journals of the Council now in exiftence in Virginia, or contempo rary copies, being very few in number and fome of these being badly mutilated. Some, however, have been found which it has been poffible to ufe as fources of the text. In at leaft one inftance — feffion of July 11-16, 1746 — the original Journal has been found in Virginia and no copy in the Public Record Office. In a note at the beginning of each Journal is given the fource of the text. ' The Council had no ftanding committees. [ vii ] The following table gives a lift of the feffions for which there ought to be copies of the legiflative Journals of the Council in exiftence. The letter "v" indicates that the Journal, either the original or an early copy — fometimes much mutilated, however — is in the Virginia State Library, the letter "l" indicates that a copy is in the Public Record Office in London, and the letter "n" indicates that no Journal for that feffion has been found. The italics fhow the feffions for ^ which the Journals in the Virginia State Library have been ufed as the fource of the'text. 1680, June 8 - July 7. (l) 1682, April 18- 25. (l) 1682, November 10 - December 22. (l) 1684, April 16 - May 24. (n) 1685, November 3 - December 13. (l) 1686, October 20 - November 15. (l) 1688, April 24 - May 12. (l) 1691, April 17 - May 22. (l) 1692, April 1 - 30. (l) 1692/3, March 2 -April 3, 1693. (l) 1693, October 10 -November 18. (l) 1695, April 18 - May 18. (l) 1696, April 24 - May 1. (l) 1696, sSept. 24 -Nov. 3, 1697. (l) 1698, September 28 - October 6. (l) 1699, April 27 - June 8. (l) 1700, December 5-27. (l) 1 701, Auguft 6 - October 2. (l) 1702, May 13 - 29. (lv) 1702, June 18-25. (l) 1702, Auguft 14 - 28. (lv) 1702/3, March 19 -April 10, 1703. (l) 1704, April 20. (lv) 1704, April 21 - May 12. (l) 1705, April 18 - May 12. (l) 1705, sOctober 23 -June 22, 1706. (lv) 1 710, October 25 - December 9. (lv) 1711, *Nov. 7 -Jan. 31, 1711/12. (lv) 1 7 12, October 22 - November 29. (l) 1 7 13, November 5 -December 12. (l) 1714, November 16 - December 24. (lv) 1715, Auguft 3 - September 7. (lv) 1718, aApril 23 -July 10. (l) 1718, November 11 -December 1. (l) 1720, November 2 - December 23. (lv) 1722, May 9- June 7. (lv) 1723, May 9 -June 20. (l) 1726, May 12 -June 7. (l) 1727/8, February 1 -March 30, 1728. (l) 1730, May 21 -July 9. (lv) 1732, May 18 -July 1. (l) 1734, Auguft 22 - October 4. (l) 1736, Auguft 5 - September 23. (l) 1738, November 1 - December 21. (l) » In this feffion there was a very long recefs. 1740, May 22 -June 17. (l) 1740, Auguft 21-28. (l) 1742, May 6 - June ig. (lv) 1744, September 4 - October 25. (lv) 1745/6, February 20 - April 12, 1746. (lv) 1746, July 11 - 16. (v) 1747, March 30 - April 18. (lv) 1748, ^October 27 - May 11, 1749. (lv) 1752 (new ftyle), Feb. 27 -Apr. 20. (lv) I753, November 1 -December 19. (lv) 1754, February 14-23. (n) 1754, Auguft 22 -September 5. (l) 1754, October 17 - November 2. (n) 1755, May 1 -July 9. (l) 1755, Auguft 5-23. (n) 1755, October 27 - November 8. (l) 1756, March 25 - May 5. (n) 1756, September 20 - 28. (n) 1757, April 14 -June 8. (l) 1758, March 30 -April 12. (l) 1758, September 14 - October 12. (l) 1758, November 9 - 11. (l) 1759, February 22 -April 14. (l) 1759, November 1 -21. (l) 1760, March 4 - 11. (l) 1760, May 19 - 24. (n) 1760, ^October 6 -April 10, 1761. (l) 1761, November 3 - 14. (l) 1762, January 14-21. (l) 1762, March 30 -April 7. (l) 1762, November 2 - December 23. (l) 1763, May 19-31- (l) 1764, January 12-21. (l) 1764, 30ctober 30- June 1, 1765. (l) 1766, ^November 6 -April 11, 1767. (l) 1768, March 31 -April 16. (l) 1769, May 8-17. (l) 1769, sNovember 7 -June 28, 1770. (l) 1771, July 11 -20. (l) 1772, February 10 -April 11. (l) 1773, March 4- 15. (l) 1774, May 5 - 26. (n) 1775, June 1 -24. (n) [ viii ] In the Appendix are printed fuch papers emanating from the Council before the year 1680 or from the General Affembly as a whole as have not already been printed in the "Journals of the Houfe of Burgeffes of Virginia" — that is, fuch of them as have been difcovered — and the very interefting Journal of the Committee for the Revifal of the Laws appointed in 1699. Biennial appropriations have been made by the General Affembly of Virginia for the publication of the Journals of the Houfe of Burgeffes and of the Journals of the Council. The appropriation, however, made by the General Affembly at the 1916 feffion for the publication of the Journals of the Council was fufficient for the publica tion of only two volumes, and in order to ufe this appropriation it is neceffary that the two volumes be iffued and paid for before the clofe of the appropriation period, that is, before the firft of March, 191 8. Hence the firft two volumes of the fet are being iffued fome time before the third, which cannot be printed till after the clofe of the 1918 feffion of the General Affembly. At that feffion an appropriation for printing it will, it is expected, be made. A General Index to the contents of the three volumes will be found at the clofe. H. R. McILWAINE. Richmond, Va., February 5, 1918. Some of the Proceedings of the Council at a General Aflembly held at James City from the 8th day of June, 1680, to the 7 th of July. [From the Public Record Office, London, Colonial Office, Clafs 5, Vol. 1405, pp. 59-94.] JOURNAL OF THE COUNCIL [Note.— The firft Journal of the Council of Virginia adting as a branch of the General Affembly fent to England after the iffuance of the order of the 14th of January, 1679/80, by the Committee of the Privy Council for Trade and Foreign Plantations that copies of the Journals of the Affembly fhould in future be furnifhed the home govern ment, was that of the feffion beginning the 8th of June, 1680, and ending the 7th of July. It is probable that the order did not reach Virginia till this feffion was well under weigh, and that in this fadt is to be found an explanation of the meagrenefs of the Journal. For much of the feffion it confifts, as will be feen, merely of the fpeeches of the governor made either to the General Affembly as a whole or to the Houfe of Burgeffes and of communications between the governor and the Houfe of Burgeffes or between the two branches of the General Affembly. Such of thefe fpeeches and communications as have aheady been printed in the "Journals of the Houfe of Burgeffes" are not printed again, only references to the "Journals of the Houfe of Burgeffes" being given. For the reft of the feffion the material, though of great interest and hiftorical value from many points of view, can certainly not be faid to conftitute an adequate journal of the proceedings. I \June 9, 1680.] The Gov" Speech to ye Affembly T IS now almoft three yeares Since it firft pleafed his Maty [See J. of H. of B., 1659/60-1693, pp. 147-149.] M' Speaker & you Gentlemen of y" houfe of Burgeffes. Yor Yefterdayes Vote is the occation of my Sending to you now [See J. of H. of B., pp. 130-1.] June 10th 1680. To his Excellcy of Virga By the Houfe of Burgeffes. THIS Houfe returnes his Lordp their humble thankes for thofe great demonftra- tions of his Excellcy'a Care forthe good of this Country, whilft his Excy remained in England, and alfo for thofe noble propofalls his Excy was pleafed to make in his late fpeech & charge to the hovfe of Burgeffes expreffmg his Lop'3 free good & great Intentions for the future good of this his Maj^" Colony and the feverall Inhab itants thereof : And this Houfe humbly pray his Excy will pleafe to favour them with a Copy of the heads of that his Lordpp>8 moft noble fpeech & charge, to the end they may the better know wth all ready fubmiffion to obferue and purfue ye fame, and to ye end the fame may be imparted in their refpectiue Counties, wch they humbly fuppofe will be for the generall good & fatisfaction of ye Inhab'8 thereof. Teft: R B CI Afs: By y" Houfe of Burgeffes. To his Excv of Virga The Houfe finding Mr Jn" Langfton not capable by Law, and his Majts exception to ferue as Burgefs for New Kent County, as alfo that the County of Lancafter haue made choice ( 4 ) choice of Col Sr Legr Codd for their Burgefs, who being alfo chofen for Northumberland County hath declared to ferue for that County, Do humbly pray y Excy will pleafe to iffue forth a Writt for the Election of one Burgefs for New Kent County and one Writ for y Election for one Burgefs for Lancafter County to the end they may haue y1* Reprefentatiues in this p'fent generall Affembly Teft R: B CI Ms: June i Ith 1680 To his Excy of Virga By the Houfe of Burgeffes. THIS Houfe by thofe their Memb" Bearers hereof humbly pray to know y ExceUcys Pleafure concerning the fending forth a Committee for tryall of private Caufes — this Houfe fuppofeing it will be no hinderance of time Teft R: B CI Ms: To his Excy Thomas Ld Culpepper Baron of Thorefway his Majts D and GovT Gen" of Virginia.The Houfe of Burgeffes moft humbly p'fent, That for many years [See J. of H. of B., p. 144.] At a Councill held at James City 9th June 1680. . . [See J. of H. of B., p. 144.] June 16th 1680 To his Excellency By the Houfe of Burgeffes VPON the Petition of Coll: Tho Clayborn .... [See J. of H. of B., p. 124.] By his Excellcy Vpon the Addrefs of the Houfe of Burgeffes defireing his Excellcy '9 opinion vpon the petition of L' Coll Tho: Claiborne of ftray Horfes its anfwered haveing examined ye Act of Affembly therein directing, it appeares publication of fuch Stray horfes are required to be made by rendring Account thereof to the Secretaries office to ye intent notice may be given thereof to all County Courts, by W* meanes the true Owners of the horfes might make their juft Claimes, w01* not being ^formed, its conceived the Intent of the faid Act hath not been purfued Signed by his Ex0-*-'8 Command Hen: Hartwell CI Gen11 Affembly. June 18th 1680. REPORT on the petition of & Coll Cad Jones to the Houfe of Burgeffes 18th June 1680. The Sufferings of this Petitioner are moft apparent and his refoluednefs to abide his plantation agft all the attempts and Confpiracies of Our Indian Enemies for many yeares, hath (as may well be fuppofed) maintained us in the featment of the vpper parts of Rappahanock for many miles, This petition and all its Circumftances are therefore referred to the moft ferious Confideracon of the Houfe of Burgeffes. To his Excellency Tho Lord Culpepper Baron of Thorefway, his Maj's L* & Governour Generall of Virga and to the Honbl' Councill. The Houfe of Burgeffes Prefent. That in 3 feverall Votes [See J. of H. of B., p. 126.] June u ( 5 ) June 19 By his Excellency PON the receipt [See J. of H. of B., p. 127.] To his Excellency By the Houfe of Burgeffes Refolved by the whole houfe [See J. of H. of B., p. 127.] June 23 By the Houfe of Burgeffes f ¦ ^HE queftion put whether from [See J. of H. of B., p. 128.] T June 24 To his Excellency HIS Houfe humbly fignify [See J. of H. of B., p. 130.] June 15 [25th] By the houfe of Burgeffes ~T~\ESOLVED that an humble addrefs be made to his Excellencie . . . [See f*^ J. of H. of B., p. 131.] **- ^- His Excellcy fent a Meffage to the houfe of Burgeffes, that he appointed the fame genti of the Councell that were of the former Conference to be of this Conference, to be held at M' Sherwoods houfe at three of the Clock in the afternoon. To his Excellency and the Honbl Councill The Houfe of Burgeffes humbly propofe That thefe following provifoes . . [See J. of H. of B., pp. 132-133.] June 26 To his Excellency THE Houfe of Burgeffes humbly prefent That according to the propofitions [See J. of H. of B., 13 4. J June 28th 1680 THE Councill haue confidered the houfe of Burgeffes propofitions for provifoes to his Maj'8 Bill for y Impofition of 2 s $ hogfhd and do vnanimoufly confent to the fame To y° Houfe of Burgeffes. H. H. CI. Con: His Maj'8 Act intituled an Ad of free & generall pardon &ca accepted by his Excellency & ye Councill vnanimoufly. His Maj'8 Act intituled an Ad for Naturalization paft by his Excellcy and ye Councill vnanimoufly. His ( 6 ) His Maj'8 Ad intituled an Ad for the Impofition of 2* fl hhd paft by his Excels and Councill vnanimoufly. As to ye propofalls of New Kent County. The Report of the Committee is agreed to by his Excellency and the Councill. As to the Propofalls of the Comm'« about Garrifons his Excels and the Councill approues the keeping vp of the Garrifons w* the number of twenty men, and Ukewife the Appointment of Vndertakers, and its further propofed if there be emergent occafions for fending more Soldiers to the Garrifons how fuch Soldiers fhall be fupplyed w"> Provifions. As to the propofall of ref training the makeing and packing Ground Leaues feconds & flips his Excellency [and the Council] are of the opinion that to declare thofe Lengths and Breadhts according to the report of the Comm'ee to pafs as Merchantable Tobacco is to injoine the receiveing fuch Tobacco, which is of no value, and fo do not agree. To the propofition of Warwick County his Excellcy and the Councill agrees to the Report of the Comm'ee and that application be made to his Majefty that wee may haue Liberty to advance 4d on the fhilling vpon his Maj'8 Coin, and the like proportions on all forreign Coines, the Impofition of two fhill8 f hhd, the penny fl li. Cuftomes, Caftle Duties and head money to be paid as formerly in mony fterl. To the propofition of Eliz: City his Excellcy and the Councill agrees to the report of the Com'ee To ye propofition of Glofter County. His Excellcy & y Councill agrees to the report of y Comm'ee To the propofition of Ifle of Wight County. His Excellcy and the Councill agrees to the Report of the Commtee. To the 7th propofition of York County His Excellcy and the Councill agrees wth ye Report of the Commtee, but there being no directions about the weight of each Caske that it be provided that if the Receiver of Tobacco do not agree to the Tare of the hhds the Tobacco be vncafed, and the hhds weighed, and allowance to be made accordingly. To the propofall of York County about Negro Children his Excellency and the Councill agrees to the report of the Committee, and that all Englifh Children imported be tithable at fourteen years of age and no fooner. Vpon the propofition of York County ab' his Maj'8 Soldiers fent to the ffalls of James River for pay for their provifions whilft there, his Excellency and the Councill are of opinion, that if his Maj'8 Sold'8 committed no mifdemeanors and were not extravigant in provifion that they ought not to pay for their provifions, but if they were exceffive in the expence of provifions allowance ought to be made. To the 3 d Propofition of York County about quartering foldiers all care poffible will in due time be taken by his Excellency, and the propofition for the Governor and Councill to lay a Levy anfwered in Lancafter Grievances. The Reports of the Comm'ee to the Reft of York County Propofitions are agreed to by his Excellency and ye Councill. The Reports of the Comm'ee to the propofitions of Northumberland County are by his Excellcy and the Councill agreed to. Vpon the fecond part of the firft propofition of Lancafter and other Counties propofitions concerning ye Govern' and Councill laying a publique Levy his Excellency and the Councill are vnanimoufly of the opinion that it would be for the eafe of the Charge of the Country according to the direction of a former Act in that cafe made and provided, Account thereof be given to the next Generall Affembly. The Reports of the Comm'ee to the other propofitions of the County of Lancafter are by his Excellency and the Councill agreed to. To the 1, 2 & 3 propofitions of Stafford County about the Commander of the Garrifon in that County neglecting his Service: His Excellency and the Councill are of opinion that if any Commander hath neglected his Duty his pay not onely to be kept from him, but that fuch Command' be punifhed according to Law. The ( 7 ) The Reports of the Comm'" to the reft of ye propofitions of Stafford County, and agreed to by his Excellcy and the Councill As to y propofition of Henrico County. The Vote of the Houfe agreed to by his Excy and the Councill Guns, Piftolls, powder & fhot onely excepted vnder ye penalties of the former Lawes. The Reports of the Comm'ee to the propofitions of Rappak County are agreed to by his Excellency and the Councill. The Reports of the Comm'ee to ye propofitions of Lower Norfolk County are agreed to by his Excy and the Councill. The Committees Reports to yc oppofition of Charles City County His Excellcy and ye Councill agrees too. The Comm'eea Report to the propofitions of Nanzemond County His Excellcy & the Councill agreed to. The Comm'"8 Report to the petition of ye Inhabitants of Pamunky is agreed to by his Excy & Councill. The Comm'ees Report to the propofition of Henrico County is by his Excellcy and ye Councill agreed to. The Comm"" Report to the propofition of Accomack County is by his Excellcy and the Councill agreed to. The Comm'ee8 Report to the propofition of Northampton County is by his Excel lency & ye Councill agreed to. The Commtee8 Report to the f pofitions of Surrey County are by his Excellency and y Councill agreed to. The Report of the Corn'" on the propofition for clearing Pamunkey River agreed to by his Excy And y Councill but the fame to be made generall for the Clearing all Rivers & navigable Creekes. The Report of the Comm"6 vpon Coll Jn" Pages Petition being confidered His Excellcy and the Councill do find that the Report, of the Comm'ee is againft the Act concerning Indian Lands, and therefore do not agree to the fame. The Report of the Comm'ee fetting forth y State of the Country The Councill do concurr that the fame is a true and full ftate of the Country. The Report of the Commtee vpon the petition of the Inhabit'8 of Black water & Currotuck. Its the opinion of the Councill that his Excellcy be defired to order and require the High Sheriff of Lower Norfolk County to demand and collect Rents and Levies of all the Inhabi'9 of Blackwater & Currotuck for Lands that they hold by Patent from this Colony, and if the Goverment of Carolina fhall difturb them for the payment of fuch dues, that the fheriffe of Lower Norfolk be authorized and Impowered to defend them in the paym' of fuch Rent juftly due to this Colony, and likewife that his Excellcy be defired to write to the Goverm' of Carolina to the Intent the Inhabit'8 of Blackwater & Currotuck may not be difturbed. As to the propofitions of the Comm'ee about dedimus and Executions. His Excellcy & the Councill will take care therein. June 29th 1680. By his Excellcy THAT being ready to ferue y Country & y houfe of Burgeffes the beft I can in the bufines of the Ceff ation according to their defire for the better effecting thereof I would be glad to receiue their reafons to offer to his Majty & the Councill By his Excellcys order Hen: Hartwell CI Gen: Afs: To y" Houfe of Burgeffes. June ( 8 ) June 30th 1680. Councills Amendm'8 on the Comm'"8 Reports of Claimes. Eliz City County. IT IS the opinion of the Councill that Coll Morifon ought to be allowed tenn pounds Sterl for his Claime Northumberland County. The Webb and Rigging of a Boat 2000 objected againft: M' Shapleigh for Sloop hire and provifions 6000 objected againft. Stafford County Taylors pay objected ag1"' Information being made that he hath neglected the Countries Service. Quigley for powder and Shot .. 1 155 objected againft Weftmoreland County. Sloop hire 7400 objected againft. Mr Quegleys account ... . 14000 objected againft. Henrico County Coll Birds Account & difburf ments objected againft. Charles Citty Coll Place for Armes thought fit to be allowed as well as feverall others. Surry County. Bufbys Acct9 objected againft, and for 6000 from Surry Court. Nanzemund. Coll Potters Claime allowed provided it doth appear by the Mafters, Owners, or Hufbands of the Ships that brought in the Gunns, that Coll Potters paid the monyes demanded. Yorke. Madam Diggs Claime for meal being to feverall of the Councill known to be juftly due, and no allowance made, do think it ought to be allowed. James Citty County. M' Sanderfon conceived to be allowed too little for himfelf and feverall Officers. Its the opinion of the Councill that M' Sherwood & Rably ought to be paid for the Reparations of their houfes befides the allowance made for Rent, the houfes being very much impaired. Its the opinion of the Councill that the Agents ought to be allowed i2ooolb of Tobacco & Caske each in Lieu of the 301 apeece allowed by the houfe of Burgeffes. The Petition of Coll Leroy Griffin for entertaining y honble S' Hen: Chicheley, feverall Genti and a party of horfe near a fortnight, and Rum for the Soldiers being confidered, Its the opinion of the Councill that the Officers and Soldiers ought to pay for their Entertainment and the Rum, and that sooolb Tobacco be allowed for the Entertainment of S' Hen: Chicheley, and fev" Gentl. wth him. In Confideration of the great Loffes and Sufferings of Coll Cad: Jones in the fervice of the Country for defending the ffrontiers, and keeping, and fecureing at leaft thirty miles of Rappahanock River, thought vnreafonable to be allowed 150001 of Tobacco and Caske. Glofter. Quere what Bookes M' Beverly is allowed for, if Acts, then one to be for the Secretaries Office. Quere why Mr Bird 50160, in Glofter, when he liues in Henrico, and to know the flticulers of the Account. Nelfons Account objected againft. The order of the Houfe of Burgeffes about Coll Bacons Cares the Councill are of opinion that he ought to be paid 2oooIb of Tobacco by the publique. Its ( 9 ) Its the opinion of the Councill that Hen: Hartwell CI of Gen" Affemb. ought to be allowed i sooolb of Tobacco & Caske, they well knowing that in the year is more then any other CI on the publique not accounting any thing of the generall Court. By his Excellcy I conceiue myfelf and the Councill [See J. of H. of B., p. 140.] July 2d 1680. To his Excellency By the Houfe of Burgeffes. THIS Houfe fignify to yor Excy [See J. of H. of B., p. 139.] Amendm'8 by his Excy & y Councill on Act for Towns folio 1" in y 18th line after the word the Inter line (ffeoffees of the 5 folio. In the ii'h line inftead of the words next after this prefent year, infert in their place from and after the firft day of January next enfueing. 6 In the 5th line after the word Colony, add, from and after the 29th day of September W* fhall be in the year 1681 inftead of the words next after this prefent year. 8 In the 11th Line after the word Act the party that remoues, or tranfports fuch Tobaccoes haveing firft made Oath before a Magiftrate that he is realy and bona fide tranfporting the fame to one of the fd Warehoufes, inftead of thefe words, Removeall, or Tranfportacon of fuch Tob8 towards the faid Warehoufes at the time of fuch Seizure Attachments, and appearing fo to be vpon Oath. 9 The firft Line after y word Law all that Claufe to be left out. ffrom the beginning of the Act for a Town Liberty to carry hides being the end of a Leafe, agreed to. Agreed to the Claufe for building Storehoufes at Landings. The Claufe for takeing floopes or Boates not agreed to. The Claufe for 100 Acres of Land to be purchafed agreed and for every one that will build a Warehoufe and a Dwelling houfe agreed to. Surveyo'9 ffees agreed to. To that Claufe for the Encouragem' of Tobacco, no Execution to be layd when the Tobacco is brought to the places, but not before. Tradefmen to be free from Arrefts & Executions within the places, and further added to be free from publique Levies, fiue yeare, they not planting Tobacco. Paym' of Levyes at the feverall places appointed not agreed to. ffor the Law to be in force as to laying out of the Land & building within fix months after the publication and the time of forfeiture for fhipping from other places then the places appointed, to begin from the firft of January 1682. The time for opening the Trade & the Restriction agreed to with the provifo. An humble Application to his Maj'y for a Ceffation in the year 1681 agreed to. A Supplication for the id $" agreed to. The half penny not agreed to. A forfeiture for the id Wl agreed to. fforfeiture on Collectors agreed to. Bill about Lawes agreed to. As to the Act intituled an Ad tyhibiting the Tranfportation of Englifh monyes & forr eigne Coines &c and fetting a valuation thereon. His Excy and y Councill do perfift in their former opinions that the beft way of doing of it, is by addrefs to his Amendm' (io) Amendm' for fending Sold'3 to Garrifons, In the 27 Line after the word other, added, togeather with horfes and furniture. In the 28 Line after the word Bedding, to be carryed to fuch Garrifons at the Charge of the Country. Provided alwayes and his Excellency is defired if he fee Caufe to draw off ten of the Sold'8 from each Garrifon for the eafe of the Country fupplying the fame with Ten of his Maj'8 Sold'8 I July 3 1680 By the Houfe of Burgeffes T IS Signified [See J. of H. of B., p. 140.] By His Excellency Altho' I think Henry Hartwell .... [See J. of H. of B., pp. 140-141.] To His Excellency By the Houfe of Burgeffes This houfe in all humility [See J. of H. of B., p. 141.] C July 5. 1680 By his Excellency OLL Phillip Ludwell and Major Richard Lee [See J. of H. of B., p. 142.] 6th July 1680. By his Excellency. VPON the offer of the houfe of Burgeffes that Mr Lee might haue the houfe according to the Tenor of his Petition, its anfwered that M' Auditor Bacon vpon Mr Quigleys petitioning for the faid houfes, moved for them in" the like nature, and M' Quigley haveing fince declined the fame, Its moft fit Mr Auditor Bacon fhould haue his defire in the faid Houfes, & Mr Lee the other Houfe. 7th July 1680. H IS Excellency adjourned ye Affembly to the fifteenth day of ffebruary next. Hen: Hartwell CI Gen11 Afs: ATT A GENERAL ASSEMBLY held Att James Citty Aprill 18th 1682. [From the Public Record Office, London, Colonial Office, Clafs 5, Vol. 1405, pp. ioi-iii.] Att A General Affembly held Att James Citty Aprill 18th 1682. Die Martis 18mo Aprilis 1682 THE R' Honble L' Gouern' and the Councill meet, according to the tenor of the writts, in order to hold An Affembly. The L' Gouern' with the Councill Adjournes to the beat of the third Drum tomorrow. Die Mercuris 19™° Aprilis: *P oft Meridiem COLL Wm: Bird, Cap' Richard Whittaker, M' Jon Speir and Mr Thomas Taberrer waite upon the Gouern' and requeft him to appoint fome of the Councell to Adminifter the Oaths Viz, of Allegiance, Supremacy and of a Burgefs to the new elected members The L' Gouern' defires the Gentlemen att their return to acquaint M' Speaker, he is defirous to fpeake with him Mr Speaker with fome members of the houfe of Burgeffes and their Clerk attend the Gouern' The Ll Govern' acquaints Mr Speaker, that by commands lately recd, from his moft Sacred Majefty, he is not to fuffer or permitt any Affembly to be called or fitt, untill the tenth of Nouember and that he will call the houfe before him on the morrow, and acquaint them with his Majefties commands, foe that there was no occafion of fwearing the new elected members. Mr Speaker with his attendance returnes Die Jouis 20m° Aprilis MAJOR Geo: Morris Cap' Richard Whitaker, M' James Biffe and M' Hen: Mills waite upon the L' Gouern' and prefent to him An Addrefs from the Houfe, for his continuance of this prefent Affembly The Addrefs is as foil To ihe R* HonhU Sr Hen: Chicheley Kn* his moft Sacred Majefties Deputy Gouern' and to the HonbU Councell of State The humble fupplication of his Majefties moft humble dif tref fed and Loyall Subjeds of his Majefties Countrey of Virginia In all humility prefent R* HonbU That wee our moft Dread and moft gracious Soueraignes moft humble and loyall Subjects [See J. of H. of B., 1659/60-93, pp. 158-159.] The Addrefs being read and debated, It was ordered that Edward Chilton CI: of the Councell fhould goe to the Houfe of Burgeffes and acquaint M' Speaker that the L' Gouern' defired and required him and the houfe of Burgeffes to attend the L' Gouern' and Councell in the Court houfe, att the beat of the firft Drum. The Clerk returnes with anfwer from the Houfe of Burgeffes that Mr Speaker and the reft of the Burgeffes would readily obey the L' Gouern'8 Commands and attend accordingly. „ - rojt (H) Poft Meridiem AFTER the drum had done beating the L' Gouern' with the Councell repaired to the Court houfe, where haueing fpent fome confiderable time without the Attendance of any of the Burgeffes; It was unanimoufly refolued and accord ingly ordered that the Clerke of the Councell fhould forthwith wait upon the houfe of Burgeffes and acquaint M' Speaker that the L' Gouern' had long time waited for the houfe of Burgeffes and then expected and required the Houfes immediate Attendance on him and the Councell in the Court houfe, as he had before appointed. The Clerke goes on his meffage, returnes and fayes that att his firft entrance into the houfe being Admitted, he was commanded by Mr Speaker to retire and withdraw himfelfe awhile. Ordered a Second time, that the Clerke goe to the Houfe of Burgeffes. Before the Clerke was difcharged from the L' Gouern' with his meffage, a meffen- ger from the houfe of Burgeffes comes into Court houfe, and acquaints the Clerke that M' Speaker had fent for him The Clerke in obedience to the L' Gouern' command and att M' Speakers requeft leaues the Court houfe, waites on the houfe of Burgeffes and acquaintes Mr Speaker, that he had receiued a command from the L' Gouern' to waite upon the houfe and acquaint them, that he with the Councell had long time waited for, and ftill continued in expectation of their Attendance, which the L' Gouer' required fhould be immediately. The Clerke returnes and fayes, that although he was commanded by the L' Gouernour to goe a fecond time to the houfe of Burgeffes and fent for by the Speaker, yet he waited neer half a hour, before he receiued his admittance, which when allowed, delivered his meffage, to which Mr Speaker made anfwer y' the houfe would confider of what was deliuered. Coll Wm: Loyd &c from the houfe of Burgeffes acquaints the L' Gouern' that a meffenger lately came into their houfe as from the L' Gouern' whom their houfe not knowing, they could take noe notice of The L' Gouern' returnes his Anfwer in writeing, which was fent by the CI : of the Councell the next morning. Die Veneris Apr: 21. 1682. The Anfwer foil: M' Speaker I DID feuerall times yefterday fend Edward Chilton .... [See J. of H. of B., pp. 162-163.] Maj' Cha: Scarburgh &c comes from the Houfe of Burgeffes and requeft the Gouern' to appoint Councell to fwear the new elected Burgeffes. The L' Gouern' acquainted the Gentlemen, that he had oftentimes fent for M' Speaker and the houfe to Attend him, to impart his Majefties Letter unto them, and till there coming would neither hear any meffages nor permitt the new members to be fworne. The Gent returne to their houfe, they are againe fent with a written meffage directed to the L' Govern' & Councell The Meffage foil: To the R' HonUe His Majefties Deputy Gouernr of Virginia and to the HonbU Councell of State The Houfe of Burgeffes humbly prefent This houfe haueing taken into their confiderations y Hon'8 returne of their meffage . . [See J. ofH. ofB.,p. 161.] Mr Wm: Fitzhugh and L' Coll John Farrar from the houfe of Burgeffes waite upon the Gouern' and acquaint him that the Houfe is ready to attend his Commands The d5) The L' Gouern' makes anfwer that he is ready to receiue and admitt their Attendance : The two members of the houfe of Burgeffes return to their houfe The L' Gouern' attended with the Councell, repaired to the Court houfe. M' Speaker accompanied with the whole houfe of Burgeffes attend the L' Gouern' in the Court houfe ; Coll Wm Cole by order from the Honble L' Gouern' reades to M' Speaker and the Houfe of Burgeffes that part of his Majefties letter, which commands the difbanding the two foot companies, as well officers as priuate Soldiers att Chriftmas laft, unlefs the Gouern' Councell and Affembly fhould defire and agree to pay them out of the reuenue raifed or to be raifed, within his Colony, for that purpofe The letter being read, the L' Gouern' defired M' Speaker & the houfe of Burgeffes refult therein M' Speaker replied, it was a matter of great importance, therefore defired he and the reft of the Burgeffes might be admitted to retire to their houfe to advife & confult therein. The L' Gouern' charges M' Speaker to lay afide all other debates and returne their anfwer, with all expedition, to his Majefties letter. M' Speaker with the Burgeffes returnes to their Houfe. Coll Wm: Loyd with other of the Burgeffes waite upon the L' Gouern' with a written meffage from their houfe. The Meffage foil. The houfe haueing confidered what was read to them by Coll Wm: Cole, . [See J. of H. of B., p. 163.] The meffage read Ordered that Coll Wm: Cole and Ra: Wormeley Efq fwear the new elected Burgeffes. By his Majefties Deputy Gouern' I doe hereby nominate and appoint Coll Wm: Cole [See J. of H. of B., p. 163.] Coll Wm: Cole and Ralph Wormeley Efq returne and fay they haue adminiftred the Oaths of Allegiance, Supremacy, and of a Burgefs to the new elected members, that were prefent. Ordered that Coll Jofeph Bridger goe to the Houfe of Burgeffes, with a coppy of y' part of his Majefties letter, that relates to the difbanding the foldiers. The words foil Charles R. Trufty and wellbeloued [See J. of H. of B., p. 164.] Coll Jofeph Bridger returnes from the houfe of Burgeffes and acquaints the L' Gouern' & Councell that the houfe of Burgeffes feemes well fatisfied with the tranfcript of that part of his Majefties letter. Die Saturni Ap: 22: 1682 MR. Tho: Clayton &c from the houfe of Burgeffes waite upon the L' Gouern' and return him the thanks of their whole houfe, for appointing Councell for fwearing the new elected Burgeffes, and likewife for fending a coppy of that part of his Majefties letter, which relates to them. The L' Gouern' defires the Gentlemen to acquaint M' Speaker and the houfe of Burgeffes, that he expected their full and fpeedy anfwer to his Majefties letter and till then to lay afide all other debates. The Gentlemen return Die (16) Die Luna: Ap: 24th 1682 Poft Meridiem A WRITTEN meffage fent from the L' Gouern' by the Clerke of the Councell, which foil M' Speaker Haueing receiued a Command from his Majefty .... [See J. of H. of B., pp. 167-168.] Coll S* Leger Codd and others from the Houfe of Burgeffes bring an Anfwer to the laft meffage, and deliuer it to the L' Gouern' The Anfwer foil This Houfe haueing read the late meffage from the R' Honble the Gouern' . . . . . [See J. of H. of B., p. 168.] Die Martis. Ap: 25. 1682 ORDERED that M' Secretary Spencer tranfmitt to England Coppies of the Journall of this Board, the Houfe of Burgeffes, as likewife of all other pro ceedings, relating to this prefent Affembly, and that he take effectual care, that the fame be prefented to the R' Honble S' Lyonell Jenkins his Majefties Prin cipal! Secretary of State. Moued in Councell, whether the Affembly fhould continue being now mett, or be prorogued; Refolued nemine contradicente, that in obedience to his Majefties Commands, the Affembly be prorogued (this afternoon) untill the tenth of Nouember next : Ordered that the Clerke of the Councell waite upon M' Speaker, and acquaint him, that the L' Gouern' defires, as foon as the houfe of Burgeffes are mett, y' he would fignifye the fame to him. The Clerke returnes and fayes he deliuered his meffage, to M' Speaker, who promifed to readily obey the Gouern'8 Commands Poft Meridiem THE L' Gouern' and Councell repaire to the Court Houfe; Coll Wm: Bird and Capt John Matthews from the houfe of Burgeffes attend the L' Gouern' and acquaint him their houfe is mett : The two members of the houfe of Burgeffes returne to their Houfe Ordered y' the Clerke of the Councell goe to the houfe of Burgeffes and acquaint M' Speaker, that the L' Gouern' expects and requires his and the reft of the Burgeffes Attendance on him in the Court houfe immediately. The Clerke returnes Mr Speaker with the whole houfe of Burgeffes attend on the L' Gouern' in the Court houfe, according to directions The L' Gouern' defires Mr Secretary Spencer to read to the houfe of Burgeffes, then prefent that part of his Majefties letter, which commands the proroguing the Affembly M' Secretary reades The Wordes foil Charles R Trufty and wellbeloued [See J. of H. of B., p. 169.] The letter being read, the L' Gouern' was pleafed, (by the Aduice of the Councell) to prorogue the Affembly in thefe following words In purfuance of his Majefties letter, I doe in his Majefties name prorogue you unto the tenth of Nouemb' next. Copia Vera Teft Nicho: Spencer fecty THE JOURNAL OF THE GENERALL ASSEMBLY OF VIRGINIA begun Att James Citty ye tenth day of Nouember and ended ye two and twentieth day of December Anno Regni Regis Caroli Secundi Nunc Anglia &c 34°: Annoq Domini 168- [1682] [From the Public Record Office, London, Colonial Office, Clafs 5, Vol. 1407, pp. 1-74.] The Journal of The Generall Aflembly of Virginia begun Att James Citty ye tenth day of Nouember and ended ye two and twentieth day of December Anno Regni Regis Caroli Secundi Nunc Anglia &c 34°: Annog Domini 168-^ [1682] Prefent His Excellency Thomas Lord Culpeper Gouern' &c S' Hen: Chicheley Kn' Coll Phillip Ludwell M' Secretary Spencer Coll Wm Cole M' Auditor Bacon Ralph Wormeley Efqr Maj' Gen" Smith Coll Richard Lee Coll Jofeph Bridger Coll Matthew Kemp Coll John Page The Burgeffes for ye feveral Counties. Henerico Coll Wm Bird New Kent Coll John Weft L' Coll Jo" Farrer M' Cha: Turner Charles Citty M' James Minge Glocefter M' John Buckner M' James Biffe Maj' Hen: Whiting James Citty Mr Tho: Clayton Middx M' Xpher Robinfon Jam Citty County Coll Tho: Ballard M' A bra: Weekes M' Wm Sherwood Rap pa: Coll John Stone Surry Coll Wm Brown M' Henry Awbrey Maj' Arth: Allen Lancafter Capt :Wm Ball Ifle of Wight Coll Arthur Smith Maj' Edwd Dale Coll James Powel Northumbld Coll Tho: Brereton Nanzemd: Coll Jon Lear M' Wm Prefly M' Jon Brafhear Weftmld L' Coll Ifaac Allerton Lowr Norfolke Coll Lemuel Mafon M' Wm Hardridge Mr Mala Thrufton Stafford M' Wm Fitzhugh Eliz: Citty Capt : Arth: Armftead Accomack Coll Z)aw" Jenifer M' Baldwin Shepherd M' £fons iider execution to redeeme their Bodies by their Eftates, in w°h is reafonable provifion made for ye reliefe of Debtors In all parts either felling or buying pipe ftaues y tole alwaies goes att y number of fix fcore to ye Hundred, & att y Number of y Kings Book of Rates, they are fo fettled. It's therefore propofed pipe ftaues be expreffed by fix fcore to y Hundred, it's fitt to be expreffed that this Act doth not intend to Include the payments of Quitt rents, but that his Maj"ea Rents be paid as formerly, thefe parts being amended This Act is affented to. Ordered that the Clerk carry ye foregoing Acts and anfwers to the Houfe of Bur geffes, and deliuer them to M' Speaker. Coll Tho: Brereton and L' Coll Arthur Smith prefent y whole acco' of ye Publique Debts 14th December 1682 COLL Wm Kendoll Coll Wm Bird and M' Thomas Clayton waite upon ye Gouern' and Councill, and defire them to expedite Cap' Hall, and difcharge him from what skins were feized on Boord his fhip Ordered that the Clerk waite upon the houfe of Burgeffes and enquire of them whether they know or not that M' Herbert M' Bullens ff.a,6tor has any advice of the skins being feized wch he Configned to M' Bullen, as likewife to tranfmitt ye ^ticular acco" (46) acco'8 how yc Corhanders and foldiers of y Refpectiue Garrifons haue been paid to ye intent it may appeare what Credit ye Country has had for ye time y Kings foldiers were att y Garrifons. The Clerk proceeds and deliuers his Meffage. The Clerk Returnes. Coll Wm Brown and M' Edward Revel waite upon the Gouern' and defire him to Iffue forth his furhons for M' John Herbert's perfonall Appearance to anfwer for fhiping Buck and Doe skins. The L' Gouern' acquaints them that he will grant their requeft and order a Sumons to be prepared. The Genti. returne Ordered that the Clerk goe to the Houfe of Burgeffes and defire that their Clerk may be ordered to Returne a Lift of Tythables to be Recorded in ye Secretaries Office The Clerk returnes and brings a Lift M' Arthur Allen Cap' Anthony Armefteed and M' Henry Jenkins prefent y following Act for the Gouern's and Councells affent. An Ad for y Advancement of Manufaduries of y growth of this Country and for the better & more fpeedy payment of Debts and Levies. The Gent4> returne Ordered that ye Clerk returne the Act with ye following Additions. In this Adt it's fitt to be provided that if ye Debitor make tender of payment of his Debt in ye Commodities in this Adt fpecified, that then the Creditor if in this Country, to haue timely notice giuen him by ye Debitor of his Intentions in thefe maners of payments that yc Creditor may provide for ye fecurity of the fame, and in Cafe ye Creditor be not a liuer in the Country that then his Attorney haue timely Notice thereof. In this Law it ought to be declared y' it doth not in any waies intend his Maj'ie8 Deeds & Cuftomes be paid in payments otherwife then by former Lawes Eftablifhed. The Clerk Returnes. Coll William Bird, Mr William Fitzhugh, and Cap' John Langhorne come in, and prefent the accounts how the Refpectiue Comanders and Soldiers of the Garrifons haue beene paid, as the Leiv' Gouern' and Councill defired. The Gentlemen returne. Maj' Edward Dale and Cap' Wm Ball prefent the following Act with amendments, which is affented to. An Ad for the Advancement of Manufaduries &c: The Genti : Carry the Act back. M' James Minge &c: prefent the acco' of Runawaie's. Ordered that the Clerk Carry the Acco' of the Publique Creditt to the houfe of Burgeffes, with the following directions and Exceptions. December ye 14th 1682 His Maj"es Attorney Gen" is an Officer moft neceffary and hath in all former Affem blies beene Allowed by the Publique, it's therefore reafonable the prefent Attorney Gen" be allowed as others in the fame Nature Commiffionated being four thoufand pounds of tobacco •$ Annu which Rate flenderly payes the Charge of his Attendance in Town. Henry Newcomb was in former yeares found fo Notorioufly villanous, that he was for euer rendred unfitt to ferve in that Capacity, as by his Bond herewith fent doth appeare, but if the houfe of Burgeffes doe know of any fervice by him done, for which not fatisfied, it's defired to be ordered proportionably for what due. The allowance giuen to M' Richard Littlepage for pretence of more tythables returned then in the County, is unprefidentiall, and if now allowed will open a Gapp of great trouble to future Affemblies. The houfes att the Middle plantation in which his Majefties Powder is kept, cafiot be dif charged, untill the arrivall of his Excellency, who will direct for the difpofall of the Powder. It's (47) It's found Reafonable Cap' Wm Armiger be allowed att leaft three thoufand pounds of Tobacco with Cask for the ufe of his Roomes more then in the ftate of Claimes is allowed. The Deferts of M' Speaker axe very greate and allowances fhould accordingly be offered, but the prefent meannefs of our Condition, requires our beft hufbandry, and therefore doe defire it may be Confidered, that Aprill Affembly did Continue but eight dayes, and therefore doe propofe fifteene thoufand pounds of Tobacco with Cask be allowed M' Speaker. Maj' Beverley is allowed twenty thoufand pounds of Tobacco for his fervice as Clerk of the houfe of Burgeffes in Aprill laft, which was prorogued in eight dayes after it's firft Meeteing, and according to that time he ought to be allowed, which may be fix thoufand pounds of tobacco, and for his attendance this feffions it was in order to his own affaires, as he himfelfe by his Petition expreffed, therefore it caiiot be thought reafonable to be allowed by the Publique for being in James Town onely to attend the management of his $ ticular Concernes To Edward Chilton Clerk of the Gen" Affembly for Aprill Affembly and this prefent Affembly fifteene thoufand pounds of Tobacco with Cask, being proportionably to what was allowed, when his Excellency the Lord Culpeper was here. The Clerk returnes the acco' of the Runawaies. December i 5 th 1682 COLL Lemuell Mafon and Cap' Anthony Armefteed prefent the following Meffages. December 15th 1682 For afmuch as by the third Act of Affembly of the eight of June 1680 there is Raifed a Publique Revenue for the Maintenance of feverall officers, of which officers this houfe doe Conclude M' Edmund Jennings his Maj'ie8 Attorney Gen" for this his Dominion to be one. This Houfe doe therefore Refolue that the faid Attorney Gen" ought to be paid his fallery and allowance out of the Publique Revenue, raifed by the faid Act of June 1680, and not out of the Publique Levy Tho: Milner CI Affembly Decemb' 15th 1682. The Queftion being putt whether the Refolue of this houfe of the 1 5th Inftant con cerning the Attorney Gen"8 allowance fhall be Confirmed or noe. Refolued in the affirmatiue that the Refolue of ye 15th inftant be Confirmed. The Queftion being putt whether Henry Newcomb as Interpreter fhall haue any allowance from the Publique. Refolued and ordered that Henry Newcomb fhall not be allowed any thing as Inter preter from the Publique, which Refolue is grounded upon a Bond fent to this Houfe from the Hon'bIe Gouern' and Councill, by w01* he is rendred uncapable to ferue the Country as Interpreter. Refolued that the name of Henry Newcomb be obliterated in the Journall of this Houfe December ye 13 th and the name of Richard Wafhington of Surry County inferted in the fteed thereof for an Interpreter for ye future. It being debated whether the allowance to M' Littlepage Sheriff of New Kent for tythables ouer charged on the faid County Ano 1680 fhall ftand or noe. Refolued that it doe ftand the juftnefs of his Claime haueing beene authentically proued to this houfe. The Queftion being putt whether there fhall be three thoufand pounds of tobacco added to the allowance of Cap' Wm Armiger or noe. Refolued it fhall be allowed. The houfe doe Refolue Nemine Contradicente to Confirme the allowance of twenty thoufand pounds of Tobacco & Cask to Mr Speaker. Upon (48) Upon ferious debate and Confideracon of the Articles that Came from their Hon'8 Concerning Maj' Beverleys allowance, it's ordered that their Hon'8 be humbly advertized that the houfe of Burgeffes did allow the fum of twenty thoufand pounds of tobacco to Maj' Beverley not onely for his being Clerk of the Affembly in Aprill laft, but for many Confiderable Extraordinary Services before and fince that Affembly performed by him. Refolued that there be added to the former allowance of ten thoufand pounds of Tobacco to Mr Edward Chilton the fum of fiue thoufand pounds of tobacco & Cask more w01* makes in all fifteene thoufand pounds of Tobacco & Cask & y' it be mended in the ftate of the Claimes Tho: Milner CI Affembly Ordered that the Clerk goe to the houfe of Burgeffes and defire that the Acco' for wch Maj' Beverley was allowed twenty thoufand pounds of tobacco & Cask be fent up to the L' Gouern' and Councill. Coll James Powell and M' Abraham Weeks bring the faid account. L' Coll John ffarrer comes from the houfe and acquaints Coll Phill Ludwell that there is a Debate now in the houfe of Burgeffes betweene him and Doctor George Lee. Ordered that the Clerk Carry the foil paper in anfwer to the houfe of Burgeffes laft Meffage. Three Interpreters are admitted and fworne, a number fufficient to attend upon all occafions, therefore in the place of Newcomb there is noe neede of another Interpreter to be appointed. As to the allowance giuen to M' Littlepage it 's infifted on more, then that it ought to be well Confidered how prefidentiall this Grant will futurely be, and it's defired the Authentick proofe of this Claime made to the houfe of Burgeffes be fent up to the L' Gouern' and Councill that they as in their parts may be Judges of the juftnefs of the Claime. The L' Gouern' and Councill haueing under their Confideracon the prefent great and weighty Debt, the Publique hath unavoidably Contracted, and being defirous in what poffible they juftly may to eafe the Publique, haue Refolued the Clerk of the Gen" Affembly, nor the Clerk of the Affembly be in any kind Chargeable to the Publique, but that according to a Parliamentary way they haue noe other profitts then what may juftly be demanded by due ffees eftablifhed by Law. All Claimes and ffees founded by Law it's moft fitt they be allowed, and if any Law can be produced whereby to Juftifie us in paffing the allowance of twenty thoufand pounds of tobacco & Cask to the Speaker, it's defired that Law be produced to auoid Delays or further Arguments in the Matter Our Refolues being not to leffen the Right the Law hath provided for any man, nor to be fo Regardlefs of our Truft to Convert the Gratifications not Eftablifhed by Law, And whereas the Houfe of Burgeffes haue Refolued Nemine Contradicente to allow the prefent Speaker of the Houfe of Burgeffes twenty thoufand pounds of tobacco & Caske it 's not Controverted provided it be not Charged to the account of the Publique. Decemb' 15th 1682 Edward Chilton CI Gen" Affemby M' Charles Turner and Cap' John Langhorne waite upon the L' Gouern' and Councill and acquaint them that the Houfe of Burgeffes had fent them to fatisfie their Hon'8 in the juftnefs of M' Littlepages Claime and M' Turner affirmed, that as being a Juftice of New Kent to his knowledge the County had allowed M' Littlepage for the ouerplus tythables returned in County Levy. The L' Gouern' acquaints them that it was an ill prefident and Defired that the houfe would remitt the fame back to New Kent County, and there M' Littlepage to be Satisfied for what Tythables he returned more then due. Ordered that the Clerk Carry to the Houfe of Burgeffes the Acco' of M' Robert Beverley with this following addition. Great part of that Charge relates to his Excellency the Lord Culpeper, and moft part of the reft of the Articles for Coppies tranfmitted to England, it's therefore thought fitt (49) fitt the whole be referred to the arrivall of his Excellency the Lord Culpeper, and then the meritt of the whole Claime to be taken under Confideracon. Coll John Stone and M' Hen: Jenkins prefent the following meffage Decemb' 15th 1682 May it pleafe yo' Hon's It hath alwaies beene the ufuage and practice of the Houfe of Burgeffes, euer fince there hath been any Affemblyes in Virginia, to gratifie their Speaker, their Clerks, and other Officers according to their meritt, as they haue thought fitt, and the Houfe of Burgeffes doe humbly Conceiue that practice and Ufage to be a fufficient Ground for this Houfe 's proceeding therein. It was Judged by this houfe that two Interpreters were fufficient, but now under- ftanding there are three fworne doe humbly fubmitt to yo' Hon's in that poynt and pray that there Names may be Returned to this Houfe. To M' Littlepage although the Houfe is fatisfied in the Juftnefs of his Claime, yet yo' Hon'8 Concerning [conceiving] it may be of ill Confequence to the Country, humbly offer that his allowance may be deducted from the prefent Levy and his Cafe refferred to the Confideration of the next Affembly. Tho: Milner CI Affembly. M' Malachy Thrufton and M' Thomas Barber waite upon the Gouern' and Defire to know whether they may Expect any anfwer tonight. The L' Gouern' acquainted them that there was a Meffage prepareing w* fhould be fuddenly fent. Ordered that the Clerk Carry the two foil, meffages. December 15"* 1682 By his Maj'"3 L' Gouern' and Councill M' Speaker and Genti. of y Houfe of Burgeffes If the Auncient Records of the Affembly be Revifed it will be found noe gratifica tion was giuen to their Speaker nor Reward to the Clerk of the Affembly Exceeding fiue or fix thoufand pounds of Tobacco for a feffions, neither did the Houfe of Burgeffes euer Conceiue themfelues to haue the fole difpofall of affeffments without the Concur rence of the Gouern' and Councill as being two parts of the three Eftates the Gen" Affembly Confifts of. The prefent Debate of Gratifying the Speaker and Rewarding the Clerk of the Affembly may moft fittly be Refolued, when his Excellency the Lord Culpeper arriues, by whome we may Expect his Maj"ea pleafure in all Affembly affaires, and therby be directed what allowances and Rewards to appoint for fervices done. It's therefore Refolued the prefent Concerne to the Speaker and Reward of the Clerk of the Affembly be Referred to the Confideracon of the next Affembly. The Names of the Interpreters which are fworne and appointed are Tho: Bufby Dauid Whittley Edw" Chilton CI Gen" Affembly December 15th 1682 By his Maj'"3 Deputy Govern' MT Speaker and Genti. of the houfe of Burgeffes It's fome dayes fince the Councell and you prefented Me with feverall Bills pre pared for Lawes, to wch I affented wch I doubt not but are Ingroffed and fitted for Publicacon all Claimes from the Publique haue been Examined and what found due paft, thofe Relateing to the Speaker the Clerk of the Gen" Affembly, Clerk of the Affembly, and Maj' Beverley are Referred to the Confideracon of the next Affembly, I defire therefore youle without delay proceed to the proportioning of ye Levy, that tomorrow we may clofe this feffions Hen: Chicheley Ordered (50) Ordered that the Clerk goe to the Houfe of Burgeffes, and defire to know whether the Gouern' and Councill may Expect an anfwere from the Houfe this Night. The Clerk Returnes with anfwere that the Houfe would irhediately fend an anfwere. Maj' Arthur Allen, M' Wm Fitzhugh and Cap' Anthony Armfteed prefent the following Meffage. Decemb' ye 15th 1682 To the R' Hon'bU y L' Gouern' and Councill May it pleafe yo' Hon'3 By the Meffage now fent us in Writeing, you are pleafed to Signifie, that you haue Refolued that the Concerne of the Speaker, and Reward of the Clerk of the Affembly be Referred to the Confideration of the next Affembly, and thereupon his Hon' the Govern' haueing referred the allowances relateing to the Speaker, the Clerk of the Gen11 Affembly, Clerk of the Affembly and Maj' Beverley to the Confideration of the next Affembly w'hout The Confent of this Houfe, they humbly Conceiue they are thereby excluded from haueing any influence in the Gen" Affembly, and therefore Cannot pro ceed to the proportioning the Levy, or any other affaires of the Country now before them, wch they hoped to haue finifhed tomorrow. Tho: Milner CI Affembly Ordered that the Clerk goe to the Houfe of Burgeffes and acquaint them there is a Meffage prepareing in anfwere to theires laft fent, w°h fhall prefently be fent. The Clerk Returnes with anfwere that the Houfe of Burgeffes would waite and expect the Govern's Comands Ordered that the Clerk Carry the foil Meffage. Decemb' 15th 1682 By his Maj'"3 D Govern' and Councill M' Speaker & Genti. of the Houfe of Burgeffes. The L' Gouern' and Councill in their Meffages lately fent expreffing their Defires that the Concerne of the Speaker now in debate, as alfo the Reward of ye Clerk of y Gen" Affembly Clerk of the Affembly, and Maj' Beverleys Claime to be referred to the Confideracon of the next Affembly is not taken in the fence intended, for it was not intended to exclude the houfe of Burgeffes in that reference, in which could not doubt of their Concurrence, and that for thofe many Reafons laid down in feuerall Meffages this day fent, and not as yet Directly anfwered. Edwd Chilton CI Gen" Affembly Ordered that the Clerk goe to the houfe of Burgeffes & acquaint them their anfwere is expedted this night, and that the Gouern' and Councill defire their houfe may be full to make anfwere to the laft propofitions. The Clerk Returnes Coll Wm Byrd and Cap' John Langhorne waite upon the Gouern' and acquaint them that the Houfe of Burgeffes would irhediately Returne an anfwere The Genti returne. Cap' Miles Carey and L' Coll John Farrar waite upon the Gouern' and acquaint him that their houfe was prepareing a Meffage to fend. Coll Wm Bird &c. prefent the foil meffage The 15 th of Decemb' 11 att night May it pleafe yo' Hon'3 This Houfe Conceiue themfelues the moft fitt and Competent Judges, in rewarding the Deferts and Meritts of their own Officers, and doe find upon their Records and Journalls the allowances now granted many times with Addition, feldom diminution for this many yeares, nor can we learne neither from our Records Journalls or auncient Members of this Houfe, that euer before now, any of their Rewards or gratuities (though fometime Change appeares) was euer difputed by the Gouern' and Councill nor doth this Houfe think it reafonable that any officer of theires fhould or ought to haue any dependance on any other for their fervices done here, then imediately upon the Houfe it (50 it felfe, nor can Wee beHeue that wee may expect any -^ticular diredtion from his Maj'y in payment of our Officers, efpecially when wee Confider yo' Hon'8 firft paper in this difpute, wherein you doe Concurr with us, provided wee would make abatement in fome of our allowances, which (had not ye greatnefs of the Publique Charge appeared) Wee efteemed too fmall a Reward for their great & many fervices in Aprill and this long Affembly, it appeareing to us that former affemblies haue allowed the whole Reward for halfe the fervice, and it would be apparent injuftice to referr our Officers to another affembly for their juft rewards, and a thing wholly impractick in any former when a Levy hath been laid, and therefore hope yo' Hon's will noe longer urge for their further abatements or ftay from their fo well deferved allowances. Tho: Milner CI Affembly. Ordered that the Clerk Carry to the houfe of Burgeffes two old Books of Records the one dated in 40 y other in 57 wherein it appeares noe Gratuity was formerly giuen to the Speaker and an inconfiderable one to the Clerk of y Affembly in refpect of what is now offered. The Clerk returnes. M' James Minge and Cap' John Langhorne with Coll Tho: Milner Clerk of the Houfe of Burgeffes bring a Book to Juftifie their allowance to their Speaker, and Clerk Con tinued aboue twenty yeares. Cap' Miles Carey and Cap' Anthony Armefteed waite upon the Gouern' to know if he will pleafe to Returne an anfwere tonight The Gouern' replyes affirmatiuely Ordered that the Clerk goe to the Houfe of Burgeffes and defire to know whether they will fend any anfwer tonight The Clerk returnes with anfwer that the Speaker faid he would fend foone. Coll Ifaac Allerton Mr Wm Fitzhugh M' Chriftopher Robinfon and M' James Minge waite upon the L' Gouern' & Councill and defire to know what it is that is defired, that a Mediation may be found to Compofe and fettle all differences whether it be Relateing to the allowances of ye Clerk of the Gen" Affembly, and ye officers of ye faid Houfe. The Gouern' and Councill defire them to Returne to their Houfe, and know their opinion whether they think themfelues to haue that Authority to raife a Levy without the Confent of the Gouern' & Councill, and whether Major Beverley was meant amongft their officers in one of the laft of their Meffages. The Genti not haueing full Coihiffions to difcourfe more then what they deliuered, therefore returne. M' James Minge M' Wm Fitzhugh and M' Chriftopher Robinfon prefent the foil meffage. December 15th 1682 May it Pleafe yo' Hon'3 This Houfe by any of their writeings fent to yo' Hon'8 did neuer intend or think their words in any of them could extend to be Conftrued, that they tooke themfelues independent to yo' Hon'8 in Refpect to ye laying or levying any allowance but onely in afcertaining Rewards to their own officers, (of whofe deferts) they Conceiue themfelues moft Capable of Judging as appeares by their prefenting to yo' Hon'8 ye ftate of the Claimes this prefent feffion for yo' Confirmation. Tho: Milner CI Affembly The L' Gouern'8 and Councill adjourne while tomorrow morning Saturday December 16th 1682 MR Wm Sherwood and M' Charles Turner from the Houfe of Burgeffes waite upon the L' Gouern' and Councill and acquaint them that their Houfe haue thought fitt to allow Maj' Robert Beverley ten thoufand pounds of tobacco & Cask to be paid this Levy, and are willing that the reft be referred to the next Affem bly Provided the L' Gouern' and Councill would Concurr therein. The (52) The L' Gouern' and Councill acquaint them that they haue already fetled fix thoufand pounds of Tobacco to Maj' Beverley and are willing that the other Articles to be referred to the next Affembly then to be allowed, Provided they appeare to be juft. The Genti returne M' Wm ffitzhugh and M' Chriftopher Robinfon waite upon the L' Gouern' & Councill & acquaint them that their houfe would enter noe meffages returned by their Members in their Journall, and therefore defired what was fent from hence be fent by fome of their Meffengers. Ordered that the Clerk Carry the following Meffage. Decemb' i6'h 1682 By the L' Gouern' and Councill M' Speaker & Genti of y Houfe of Burgeffes. The L' Gouern' and Councill haue Confidered the Claime of Maj' Robert Beverley, and doe think it reafonable he be allowed in this prefent Levy fix thoufand pounds of tobacco and Cask, and further doe Confent that the Articles of his Claime be referred to ye Confideration of the next Affembly for a further fatisfaction, if upon a full examina tion any fhall be found due unto him, and it's defired noe further delayes be in debates of this affaire, but that the Houfe of Burgeffes doe fignifie their Concurrence thereto. Edwd Chilton CI Gen" Affembly The Clerk Returnes. Coll John Leare and Maj' Arthur Allen prefent the foil meffage May it pleafe yo' Hon'3 The Houfe of Burgeffes doe pray yo' Hon'8 to fignifie to this Houfe if they fhall Concurr with yo' Hon'8 in the laft propofall concerning Maj' Beverley, whether this houfe may without further debate of any other matters proceed to the proportioning the Levy according to the now ftate of the Claimes (this being deducted) Tho: Milner CI of Affembly Decemb' 16th 1682 Ordered that the Clerk goe to the houfe of Burgeffes and defire the acco' of the levy. The Clerk returnes with anfwer that M' Speaker would irhediately Returne ye acco' Maj' Edward Dale and Coll John Stone bring y Levy acco' The Genti. returne. Ordered that the Clerk Carry ye following Meffage to the Houfe of Burgeffes. Decemb' 16th 1682 By the L' Gouern' and Councill M' Speaker and Genti. of the houfe of Burgeffes In the ftate of Claimes now Reced from the houfe of Burgeffes, the Comittee haue Reported Edward Chilton Clerk of the Gen" Affembly, by his Recording many Publique papers and other fervices done as by the Report of the Comittee is expreffed hath deferved for thofe fervices ten thoufands pounds of Tobacco & Cask wch the Houfe of Burgeffes approued of and allowed as by ye ftate of the Claime prefented ye 14th Inftant and for his fervice of ye Clerk of ye Gen" Affembly, it's propofed Confidering the prefent great Charge on the Publique he be this prefent leuy allowed onely ten thoufand pd8 of tobacco with Cask, wch is farr fhort of what his paines and Care do deferve which in the whole makes twenty thoufand pounds of tobacco & Cask and in this Caiiot doubt the Concurrence of the Houfe of Burgeffes. Edwd Chilton CI Gen" Affembly Mr Wm ffitzhugh M' Chriftopher Robinfon and Cap' Anthony Armefteed from the houfe of Burgeffes waite upon the L' Govern' and Councill and acquaint them that their houfe .doe willingly Concurr in giueing Edward Chilton Clerk of the Gen" Affembly twenty thoufand pounds of tobacco to be raifed this prefent Levy, and defire that all other Claimes as they are ftated may be allowed of. The Genti. Returne Ordered (53) Ordered that the Clerk goe to the houfe of Burgeffes and carry the Booke of Acco" of the Publique Levy, and defire that the Genti. proceed to ye proportioning of the Levy. The Clerk returnes with anfwere that y Comittees appointed for proportioning the leuy fhould prefently be fent forth. Coll Wm Bird Mr Malachy Thrufton &c. acquaint y L' Gouern' and Councill that the Comittee of Claimes had Comitted an Error in Maj' Beverleys acco' and allowed him fix thoufand pounds of tobacco lefs then he ought to haue, being mifcaft up, wcb in the name of their houfe they defired might be rectified. The L' Govern' & Councill upon the aforefd Members affirmacon that the acco' was wrong Caft up, allowed it to be rectified. Die Lunce i 8th Decembris COLL Ifaac Allerton Coll Wm Kendall M' John Buckner, M' Wm Fitzhugh WL* Chriftopher Robinfon and M' Wm Hardridge prefent his Excellency with the Levy as it is now proportioned and defire to know, when the Houfe fhall waite upon him. His Excellency acquaints them that he would foone fend to their houfe. The Genti. returne. Die Lunae i8° Xb'u 1682 By his Excellency and Councill In the Ad Repealeing the fixth Ad of Affembly An0 1680 about Attorneys. It's propofed that the preamble be omitted, and that it may be onely faid, this Ad being found inconven' therefore it's repealed. In the Ad Repealeing the Exception of the Inhabitants of James Citty County from arrefts It's propofed the Inhabitants of James Citty be not included in that Law, but that in Court time, they may be lyable to arrefts, there being not the like reafon for their Exemption as for the Inhabitants of the County. In the Ad for the encouragement of Linen and Woolen its propofed for ye prevention of deceipts, that the Law directs all Certificates to be paffed under the hands of two Juftices of the peace, whereof one to be of the Quorum, and that Certificates be returned to the County Courts, and filed up at the Court houfe, where all perfons may haue the view of them. In the Ads prohibiting hides, skins, Iron and Wool to be Exported, It's propofed that a Claufe be added, whereby to provide that if any perfons be fued upon forfeiture of ye expoting of any Comodities prohibited by this Act, they fhall not be lyable to be fued by any other former Act, prohibiting the Exportacon of any the Comodities in this Act Conteined all the penalties by this Law appointed upon forfeitures are very fevere, and a Mitigation thereof will be more agreeable to Lawes of this Nature, and that part of this Act w* renders euery -^fon & fifons who fhall be lawfully Convicted of exporting any Comodities by this Law ^hibited, uncapable of fuing or recouering by Law any debts it's moft fitt it be wholly left out; this act being a probationall act, it's moft worthy of Confideracon, whether it will not be moft agreeable to make it temporary onely for three yeares. In the Adt for advancement of Manufactury it's propofed y' in the fourth line, next after the words, (after publication hereof) be added thefe words, in this his Maj'"3 Collony and Dominion of Virginia. Edwd Chilton CI Gen" Affembly Ordered that the Clerk Carry the aboue Meffage to the Houfe of Burgeffes. The Clerk Returnes. Ordered that the Clerk goe to the Houfe of Burgeffes and acquaint them, that his Excellency is now ready to receiue their attendance. The (54) The Clerk returnes with anfwere that the Houfe would irhediately attend his Excellency. M' Speaker attended with the Houfe of Burgeffes waite upon his Excellency and Congratulate his fafe arrivall. Die Martis 19° 1682 COLL John Leare, Coll Arthur Smith, Maj' Arthur Allen, and Mr John Brafhear prefent a petition, relateing to the Inhabitants of the Ifle of Wight and Nanze mond Counties. The Genti. returne Ordered that the Clerk goe to the Houfe of Burgeffes and defire the aboue named Gentlemen to waite upon his Excellency. The Clerk returnes. The Genti. attend his Excellency. Ordered that the Clerk goe to the Houfe of Burgeffes and defire that the meffage fent laft night be returned. M' Fitzhugh &c. bring the paper. Die Martis 190 Decembris 1682 By his Excellency and Councill In the Ad makeing it poenal for any perfon to declare the Ads of Affembly are not of force. It's propofed this Act be made as an Additionall Poenalty to what legally may be already inflicted upon offenders, who fhall dare to offend ag' the Authority and Dignity of the Gouernm' in fo high a Nature, as to fpeak Contemptuoufly of the power and Effi cacy of our Lawes. It's propofed that Confidering the fhortnefs of our Crops, and the greatnefs of our prefent Leuy, that one halfe be ^portioned and ordered to be paid this yeare, and ye other halfe the next yeare, wcb will render the whole paym' much y eafier. It's propofed that one yeares Charge of Mainteining of the four Cap'8 and ffourfcore foldiers by Act now eftablifhed be provided for this prefent feffion of Affembly, and p)portioned with order of payment to be Leuied and paid the next yeare as fhall now be proportioned, it's fitt this provifion att leaft be made for the encouragem' of the foldiers, to affure them that noe accident fhall retard their payments. To the Act for encouragem' of Manufacturie a Claufe be added declareing that Law to be and Continue of force for three yeares The Act Repealeing the fforts to be made temporary, and to be repealed for three yeares only, and fo to be provided for by a Claufe in the faid Act. In the Act for advancem' of Manufadturies of y growth of this Country &c: a Claufe to be inferted, to declare this Act to be of force for three yeares onely. Edwd Chilton CI. Gen" Affembly Ordered that the Clerk Carry the following Meffage. Die Martis 19th Decembris 1682 By his Excellency M' Speaker and Genti. of the Houfe of Burgeffes In the Articles of Claimes and allowances, paffed by ye Councill & yo' felues in the ftate of the prefent leuy, relying on ye Care of ye Councill and yo' Houfe, in the fitnefs and juftnefs of ye fame I haue paffed all, but one Article, being fix thoufand pd8 of Tobacco allowed to Maj' Beverly, wch I fhall not Confent unto, he being reprefented to his Majty as a principaU fomentor and encourager of ye late dif orders of plant Cutting and other diforders, & by his Majtle8 Comands in Councill by ord' beareing date June ye 17th 1682, and by my Inftructions made uncapable of any Office or Truft, in this his Maj"e8 Dominion, untill his Majtle9 pleafure fhall be Therein further fignified, and Genti. (55) Genti. my Conceding to the interceffion of the Councill and the Houfe of Burgeffes in June 1680 to reftore him, when by his Maj"e8 Comands he was made uncapable of any publique Employment, was not well accepted of, therefore Cannot admitt of any allow ance to be now made him, untill he hath fatisfied his Majefty that his fervices haue deferved the fame. But in the Reading ouer the Journall of this prefent feffions I obferue, fome Debate hath beene Concerning the allowance to be made to the Attorney Gen" out of ye Levies for fervices done in that Capacity, and that he hath not beene allowed for the fame. Now forafmuch as he is his Maj"e8 Officer, onely for his Maj"ea and the Countries fervices here, & that in all refpedts equally with thofe you haue pluided for and that ye ufuall allowance of four thoufand pounds of Tobacco

hhd, confidering ye inability & poverty of Virginia, is obvious. Further I find, that you think that Mafters of fhipps doe make Entry and pay Duties for noe more goods, than what f eem good to them ; if any of y houfe know any fuch Mafter, pray informe me, that they may be dealt withal, according to Law, but bonds being given in England and there ye Cocquets figned by y6 Comrmffioners of ye Cuftome houfe for goods imported as likewUe for aU other his Majefties Plantations & the Collectors giving them their Oaths for goods exported & taking bonds according to Law in that cafe provided & Certifying to ye Comrmffioners of his Majefties Cuftom houfes (98) houfes ye loading of every individual fhip; and there being noe port in his Majefties Dominions, where there is a Cuftom houfe, but ye waiters attending have a certaine fee for every parcel of goods, that is either imported or exported, makes me conclude it ye beft way for fecuring his Majefties Dues; and whereas you feem to refledtasif ye Collectors had been defficient in ye dUcharge of their duties, I have ever fince I was Govern' made it my great care to dUcover, but never yet found any ground of ye leaft fufpicion; and if any <$fon fhould make a juft complaint to me ag' any of them, I fhall wUlingly receive it that they may be made examples for ye future, all W* being confidered, I fhall not recede from my former refolution. Effingham By His Excellency & ye Councel. As to ye agreement made by y houfe with Col Ludwel about making a fitt and con venient office for M' Secretary, wee agree, Wee doe likewUe agree to ye propofal of y houfe to be made to Col Ludwel about ye railing in ye fore part of ye Court Houfe. E Chilton CI Gen1 Affbly Xb" 9th 1685 Xber IQth l685 ORDERED y' y6 Clerk of ye General Affembly goe to ye houfe of Burgeffes and defire of M' Speaker ye firft bill propofed by their houfe for Ports &c, his Excellencies anfwer thereto; as likewife ye Bill appointing one Port in each County be fent to his Excellency. Col Tho: Ballard, L' Col Wm Loyd, &c bring ye above BUls and anfwers. Ordered y' ye Clerk carry ye following meffage to ye houfe of Burgeffes. Xb" io'h 1685 M' Speaker Since my anfwer to what y' houfe fent yefterday, I have perufed and confidered ye Bill for Ports &c Affented to by ye Councel and find in ye amendment of ye firft propo fition for forty five Townes where ye Councel propofed there fhould be two Townes in a river It was there added in ye ninth page, that there fhould be fees appointed by Law for ye officers att each Town; and when y houfe propofed to me and ye Councel on ye 30th of 9b" that inftead of two Ports &c in a river, there might be one in a County, that to all ye other alterations and amendments made by ye Councel in ye BiU you had agreed to ; whereupon ye Bill paffed ye Councel ye firft of Xb<" but when you fent y6 Act drawn out att large, wee found that you had not appointed fees for fuch officers, w^ was one of ye amendments made, and indeed a moft material one for his Majefties fervice & ye fecuring his duty ; and therefore you have gone all along upon a rmftake, infifting that ye appointing fees for officers was never in ye Bill, W* now clearly appeareth otherwife ; and if it was thought neceffary, that fees fhould be eftablifhed for officers, when but two Townes in a river, than a fortiori, when there is one Towne in each County. Effingham The Clerk carries ye following meffage to ye houfe of Burgeffes. By His Excellency M' Speaker I find y houfe fo delatory in y proceedings and have fatt foe long to foe little purpofe, that I am afhamed to give his Majefty an account of it, and you may be much more to thofe that fent you hither, therefore I think it high time to let you know, that I expect that bill about Ports &c fhall paffe with that amendment I laft fent, or laid wholy afide, and foe forthwith proceed to ye proportioning ye Levy, ehe I fhall fooner, than perhaps you expect, put a period to this convention. I have in every thing, that was defired, contented to eafe ye Leavy, but I find you intend by y long fitting to advance it beyond a parrellel ; had that claufe, when agreed on, been inferted, it had pre vented (99) vented all dUputes; whether it proceeded from ye negligence, or other waies of y Clerk, I leave you to examine, but for either, he ought to be made an example ; what greater charge may burthen ye Countrey by ye continuance of ye foldiers att ye heades of ye rivers, or ye inconveniences happen, fhall lye att y doors, Xb" io'h 1685 Effingham Xber Ixth l685 OL Arthur Smith &c plfents ye following meffage C Xb" n'h 1685 By ye Houfe of Burgeffes To His Excellency Francis Lord Howard, Baron of Effingham, his Majefties L' and Govern' Gen' of Virga This houfe in anfwer to y Excellencies meffage even now recd doe unanimoufly plfent, that they have already foe fully anfwered this y Excellencies propofition about ye BUl for Ports &c & rendered fuch reafons, why they foe earneftly pray y Excellencies ]9imfe to fubfcribe ye faire drawn engroffed Bill, without ye addition of a table of fees for officers annexed thereto, that they can not doe more, than renew ye fame requefts, of w* being affured from y Excellency, they fhall cheerfully & readily put themfelves upon ye proportioning ye Levy, & finifh all other things neceffary for ye fpeedy determi nation of this feffion. Signed by order of ye houfe of Burgeffes Robert Beverley Clk Affbly Ordered, that ye Clerk carry ye following meffage to ye houfe of Burgeffes By His Excellency M' Speaker. Since my laft to you I have perufed his Majefties Commiffion to me, and that I may leave you with out excufe, I have herewith fent you a claufe thereof, whereby you may be informed, that though ye Councel, nay, though myfelfe had affented to any bUl by you prefented to us, yet I have a negative voice, as wel in ye paffing, as in ye making thofe Lawes, but that you may fee, how willing I am, that an amicable end may be made to this meeting, I am ftiU willing, that it be prefented to his Majefty, that his Majefties pleafure may be known therein; when you have weU confidered that claufe of his Majefties Commiffion to me, I cannot but hope, for y ready & cheerful obedience to ye fame. Effingham Xb" n'h 1685 The Claufe followes And to ye end nothing may be paffed or done by our faid Councel or Affembly to ye prejudice of us, our heires and fucceffors, wee will and ordaine, that you ye faid Francis Lord Howard fhall have and enjoy a negative voice in ye making and paffing of all Lawes, ftatutes, and ordinances. Capt: Hen: Applewhaite &c, brings ye following meffage. Xber jjth I68S By ye Houfe of Burgeffes To his Excellency Francis Lord Howard, Baron of Effingham, his Majefties L' and Govern' General of Virginia. Whereas y Excellency is pleafed to fay in y laft meffage to this houfe, that although ye Councel, nay, y'felfe had affented to any Bill by us prefented to y Lordfhip, that you ftUl had a negative voice, and to evince wch have fent to this houfe a claufe of y Excel lencies Commiffion relating thereto, w* claufe has long before by this houfe been maturely & deliberately confidered. And ( ioo ) And this houfe, as they have by their feveral former meffages conftantly owned y Excellency to have fuch negative voice in ye making or paffing all Lawes, foe they unanimoufly agree, that y Lordfhips affent being once obtained, to any Bill, it can not faile of having ye force of a Law, until his Majefty himfelfe figmfye his Nolumus, or it be deftroyed by ye fame power, that made it, wherefore this houfe moft earneftly fupplicates y Excellency to give them y Affurance of figning ye fair engroffed biU for Ports together with ye other bills this feffion Affented to by y' ExceUency, and this houfe wiU moft willingly & readily proceed to ye proportioning ye Levy, that an end may be put to this. Signed by order of ye Houfe of Burgeffes Robert Beverley Clk Affembly. C Xber 12th l685 OL John Weft &c brings ye following paper. Xber jjth l6gs By ye Houfe of Burgeffes. To His Excellency Francis Lord Howard, Baron of Effingham, his Majefties L' and Govern' General of Virginia May It Pleafe y Excellency. This houfe doe forrowfully receive y Excellencies two written meffages, ye one dated ye 9th ye other ye 10th inftant about ye Bill for Ports &c In Anfwer to w01* they are neceffitated to reiterate to y Excellency, y' ye faid bUl is before them plainly & in expreffe words affented to by y Excellency and ye Councel, under ye Teft of Edward Chilton Clerk of ye General Affembly, w011 this houfe looks upon ftil (as ever it hath been held) too carry foe much ye force of a Law, that it can admit of noe alteration or addition, without ye authority of a fucceeding General Affembly, from w* averment this Houfe can in noe waies depart. And whereas y Excellency is pleafed to fay, wee lye under a rnif take in thinking any BUl, though agreed to by this houfe, and ye Councel, fhould have ye force of a Law, until it be pubUckly read before y Excellency, ye Councel and this houfe, and then figned by y Excellency, and our Speaker, and in that appeal to ourfelves, whether any bill in England, though agreed to by ye Lords and Commons, and fairely engroffed, hath any force, before ye Royal Affent confirmes it, and thereto y' Excellency is pleafed to add, that fhould y Excellency allow ye bill otherwaies to be authentick, you fhould deftroy his Majefties prerogative in his negative voice, wch Jewel he hath entrufted y' Excy with, and wch God willing, y Excellency will preferve, and therefore fhall not paffe ye bill for Ports &c without ye addition of other matters and claufes then is mentioned in ye faid bill foe affented to as aforefaid. This houfe begs leave to informe yr Excellency, that it never entered into their thoughts, that any bill, though agreed to by ye Councel and this houfe, did thereby take any life before y Excellencies Affent alfoe was obtained to ye fame, and this houfe alwaies underftood, that though fuch agreement were, y Excellency as his Majefties reprefentative, hath ye undoubted right of a negative voice; but in ye matter of this bUl for Ports, And all other ye bills fent this feffion from this houfe to y ExceUency and ye Councel, y Excellencies affent is obtained for ye faid bills, having firft paffed ye votes of this houfe, were feverally fent to y Excellency and ye Councel for approbation, concurrence and affent, And ye faid Bill for Ports amoungft divers others is returned to this houfe Affented to by y Excellency and ye Councel, as ye fame is fairely engroffed, without any diftinction of having, as y Excellency expreffes it, ye Affent of ye Councel only, who this houfe muft and doe own in this Government quatenus ye upper houfe, or that of Lords, in relation to ourfelves ye Commons of this his Maj"es Dominion of Virginia, and therefore in a Parliamentary method or proceeding may concur, but not affent (ioi) affent or give He to any Law, being equaly fubjects to one & ye fame monarch, though moving in a higher ftation, and for that ye bill for Ports &c as aforefaid has paffed this houfe, and been fent to y Excellency and ye Councel; wee never yet knew, but on ye contrary find by former proceedings of Affemblies, that a bUl returned with thefe words, affented to, attefted by ye Clerk of ye General Affembly, was ever queftioned, difputed or altered by ye Govern' but readily fubfcribed, when prefented in fair engrofe- ment, otherwaies Its prefumed, this bUl amoungft others had not been returned foe attefted. And in anfwer to y Excellencies meffage of yefterdayes date, wherein (to ufe y Excellencies words) y Excellency is pleafed to fay, that in ye faid bUl for Ports &c affented, y Excellency obferves in the amendment of ye firft propofition of forty five Ports, wharfes, Keys & places, where ye Council propofed there fhould be two Townes in a river, It was there added in ye ninth page, that there fhould be fees appointed by Law for ye officers att each Town, and when this houfe propofed to y Excellency and ye Councel ye 30th of 9b" that inftead of two Ports &c. there might be one in a County, and that to all other ye alterations and amendments made by ye Councel, in ye Bill, this houfe had agreed to, whereupon ye bill paffed ye Councel ye firft of December, but when ye Act came from this houfe drawn out att large, y Excellency and Councel found, that this houfe had not appointed fees for fuch officers, w6*1 was one of ye amendments made, and y Excellency is pleafed farther to fay, that indeed that amendment is a moft material one for his Maj"ea fervice, and ye fecuring his duties, and that therefore this houfe have gone all along upon a mUtake, infifting yt ye appointing fees for officers was never in ye bill, as it now clearly appeareth otherwaies, and if it was thought neceffary, that fees fhould be eftablifhed for officers, when but two Townes in a river, then a fortiori, when there is one Towne in a County. This houfe beg leave to obferve to y Excellency, that in ye faid biU for Ports, as ye fame came firft from this houfe to y Excellency was inferted this following claufe or paragraph, and forafmuch, as it appeares, that feveral unlawful & indired meanes & devices are daily put in pradice to export and import goods & merchandizes out from and into this his Majefties Dominion of Virginia to ye great defrauding ye Kings moft Excellent Majefty of his dues and Cuftomes here, as wel by fecret, and deceitful defignes, as by open force and violence ufed ag' ye Kings Majefties Officers employed in ye affaires of ye Cuftomes viz: ye Impoft of two fhillings

Ann for their Encourag ment, but that they came to no refolution, for that the Conferrees Appomted by the houfe had no directions therin butt promiffed to report itt to the Houfe May (221 ) May i^ 1695 Prefent HIS ExceUy, M' Sec Wormley, William Byrd, Edm" Jennings, Hen Hartwell, Edward Hill Efq8 A Meffage from the houfe by m' Sherwood &c to the CounciU &c May it pleafe yo' Hon'3 The Houfe of Burgeffes [See J. of H. of B., p. 35.] Ordred that the Clerk of the Gen" Affembley do Carry the following Bills & Meffages to the Houfe of Burgeffes A BiU Appointing how probates & AdminUtrations fhall be figned for the future, not Agreed to by the Councill A Bill for Reuiuing the 7 th Adt of Affembley for Affcertaining the Size of tobacco hogs heads. Agreed to by the CouncUl. A BUl Impowering the Gou' w'h the Aduice of the CouncUl to apply fiue hundred pound Sterl out of the Impofition upon Liquors raUed this Affembley to the Affiftance and preferuation of New York, ii Neceffary. Affented to by the Councill By the Councill M' Speaker & Gent of the houfe of Burgeffes Vpon a BUl [See J. of H. of B., p. 36.] By His Exy and Councill M' Speaker & Gent of fhe houfe of Burgeffes In Anfwer to [See J. of H. of B., p. 36.] This day the Book of Claimes being read att the Board. Ordered that the Clerk of the Gen" Affembley do Carry back the Book of Claimes and the foUowing Meffage to the Houfe of Burgeffes. By fhe Councill M' Speaker & Gent of fhe houfe of Burgeffes The Book of Claimes being Confidered Wee do Agree to the fame w'h thofe Additions (Viz) that there be AUowed to M' Secretary Wormley for twenty five Writts for Election of Burgeffes this Affembley According to Law And pay for the prefent Rangers According to Adt of Affembley By Ord' of the CounciU May 15th 1695 James Sherlock Clk Gen" Affmy A Meffage from the Houfe by Cap' Cuftis &ca w'h the Book of Claimes and the Addi tions made Agreed to by the Councill By fhe Houfe of Burgeffes Wheras mr William Sherwood is allowed by this Affembley thirty Seauen pound & ten fhUlings Sterl for the Councill Chambers, One year & an halfe Ending the 15th day of Aprill Refolued and Accordingly Ordered That the Said Summ of thirty Seauen pound and ten fhillings fterl be paid unto the faid William Sherwood out of the Money that fhall next Arife from the Impofition upon Liquors, laid this Affembley, after the fiue hundred pound Sterl Appointed for the Supply of New York fhall be raUed. Ordred that this Refolue be Caryed to the Councill for their Concurence Teft Pet' Beuerly CI. H. of Burgeffes May ( 222 ) May 16^ 1695 Prefent HIS Excelly, M' Sec Wormley, Richard Lee, William Byrd, Edward Hill, Edm' Jennings, Hen. Hartwell Efq8 M' Chamberlain &ca prefent from the Houfe the foUowing BUl w0*1 the houfe of Burgeffes haue paffed and defire the Concurence of the CounciU An Ad for the Maintenence & Support of Minifters. Ordred that the Clerk of the Gen" Affembley do Cary to the houfe of Burgeffes the Refolue of the houfe of yefterday for paying Mr William Sherwood thirty feauen pounds ten fhillings Sterl for rent of the Councill Chamber Agreed to by the CouncUl. And the Bill for the Maintenance & Support of MinUters w'b the Amendments. And the following Meffage. By fhe CounciU M' Speaker & Gent of the houfe of Burgeffes The Book of Claimes (returned [See J. of H. of B., p. 37.] A Refolue from the houfe by m' Sherwood &ca w'h the BUl for the Maintenance & Support of MinUters & an Addrefs to their May"68 May itt Pleafe yo' Hon'3 The Houfe of Burgeffes [See J. of H. of B., p. 37.] By the Houfe of Burgeffes May 16th 1695 Refolued & Accordingly Ordred That M' Cope Doyly for his Attendance and reading prayers this Affembley be paid the Summ of fiue pounds pounds Sterl as it fhaU arife from the Impofition upon Liquors laid this Affembley after the Money ordred m' William Sherwood is raUed and paid Refolued & Accordingly Ordred That M' Samuell Eborn Clk. for his Attendance and reading Prayers this Affembley, be paid the Summ of fiue pounds Sterl as itt fhall Arife from the Impofition upon Liquors laid this Affembley after the Money Ordred m' William Sherwood is raUed & paid Teft Pet: Beuerly CI. Ho: Burgeffes. Ordred that the Said Refolues be Caryed to the Councill for their Concurence Teft. Pet' Beuerly Clk. Houfe of Burgeffes A Meffage from the houfe by Cap' Randolph &ca May it pleafe yo' Hon'3 The Houfe of Burgeffes Confidering [See J. of H. of B., p. 39.] By the Councill May 16th 1695 M' Speaker & Gent of fhe houfe of Burgeffes In Anfwer [See J. of H. of B., p. 39.] May 17th 1695 Prefent MR Sec' Wormley, Richard Lee, William Byrd, Edward Hill, Edm' Jenings, Hen: Hartwell Efq8 A Meffage from the houfe by m' Walters &ca May it pleafe yo' Hon'3 Vpon Confideracon of yo' Hon'8 Meffage [See J. of H. of B., p. 39.] Ordred that the Clerk of the GeneraU Affembley do Carry the Refolues of yefterday to the houfe of Burgeffes. That (223) That M' Cope Doyly for his Attendance and reading prayers this Affembly be paid fiue pounds Sterl. And Mr Samuell Eborn for his Attendance and reading prayers fiue pounds Sterl — Affented to by the CouncUl and the Bill for the Maintenance and Support of Minifters. Not agreed to by the CouncUl, Except their Amendments be Added. Gen11 Courthoufe Prefent HIS Excelly, M' Sec' Wormley, Richard Lee, William Byrd, Edward Hill, Edm' Jenings, Hen: Hartwell Efq" Ordred that the Clerk of the Gen" Affembley do Acquaint the houfe of Burgeffes that His Exy Comands their Imediate Attendance in the Gen11 Court houfe to pafs the Ingrofs'd Bills ffor the Rangers, ffor inlarging Princefs Ann County, for the Impofition of fouer pence ^ Gallon upon Liquors. The fiue hundred pound Bill for the Affiftance of New York &c the Bill for the tare and fize of tobacco hogs heads A Meffage from the houfe by M' Park &ca Accquainting his Excelly that the Bills were Examining, and that the houfe will waite on his Excelly Imediately Ordred that the Clerk of the Gen" Affembly do Accquaint the houfe of Burgeffes, that they fend the Ingrofs'd Bills down to the Councill Cap' Cuftis &ca brings the Ingrof t Bills to the Councill wch being Examined by them Ordred that the Clerk of the Gen" Affembley do Carry back the Ingrof t BUls to the houfe and Acquaint them that his Exy Comands their Imediate Attendance in the Gen" Court houfe to pafs the faid BUls. M' Speaker and the houfe Attend His Exy M' Speaker Accquaints his Exy that According to his Comands they had brought the following BiUs for his Excelly3 paffing A BiU for Rangers att the heads of the fouer great Riuers. A Bill for Inlarging Princefs Ann County. A Bill for the Impofition of four pence <$i Gallon upon Liquors a Bill for fiue hundred pounds for the Affiftance of New York. a Bill Affcertaining the tare & Sizes of tobacco hogfheads, wch bills being read His Excelly was pleafed to pafs. and figned the faid BUls & then the Speaker After the paffing of the faid Bills. His Exy did recomend to the houfe of Burgeffes what further Neceffary for their May"ea Seruice and the good of this their Colony & dominion of wcb hoped their Suiteable regard in all refpedts. Ordred that the Clerk of the Gen" Affembly do Carry the ffoUowing Meffage to the Houfe of Burgeffes. By the CounciU M' Speaker & Gent of the houfe of Burgeffes To yo' Meffage [See J. of H. of B., p. 40.] May 18th 1695 Prefent MR Sec' Wormley, Richard Lee, William Byrd, Edward Hill, Edm' Jenings, Hen Hartwell Efq8 A Meffage from the houfe by Cap' Cuftis &ca By the houfe of Burgeffes May it pleafe yo' Hon'3 Vpon Confideracon of yo' [See J. of H. of B., pp. 40-41.] Ordred (224) Ordred that the Clk of the Gen" Affemy do Carry the foUowing Anfwer to the Meffage of the houfe of this day By the Councill M' Speaker 6" Gent of the Houfe of Burgeffes In Anfwer to yo' Meffage [See J. of H. of B., p. 41.] Ordred that the Clk of the Gen" Affembley do Carry back the Addreffes w"1 the foUowing Meffage to the Houfe of Burgeffes, By the Councill M' Speaker & Gent of the houfe of Burgeffes In Anfwer to your laft Meffage [See J. of H. of B., p. 41.] By fhe Councill M' Speaker & Gent of fhe houfe of Burgeffes Wee haue Confidered [See J. of H. of B., pp. 41-42.] Cap' Craford &c brings the Book of proportions to the CouncUl Ordred that the Clerk of the Gen" Affembley do returne the Book of proportions to the Houfe Affented to by the Councill. Cap' Cuftis &ca brings the following BUl from the Houfe An A d for Raifing a publick Leuy, and Acquaints the CouncUl they had nothing more before them. Ordred that the Clerk of the Gen" Affembley do Carry the foUowing BUl to the houfe of Burgeffes and defire an Anfwer to the Meffages, for the ReuUaU of the Law's & the Addreffes to their May"68 An Ad for Raifeing a publick Levy affefted to by ye CounciU. A Meffage from the Houfe by Cap' Armeftead &ca May it pleafe yo' Hon" The Houfe of Burgeffes hauing taken . [See J. of H. of B., p. 42.] Gen11 Court houfe Prefent HIS ExceUy, M' Sec Wormley, Richard Lee, WiUiam Byrd, Edward Hill, Edm' Jenings, Hen: Hartwell Efq3 Ordred that the Clerk of the Gen" Affembley do fignifie to the Houfe of Burgeffes His Exy8 Comands that they Imediately Attend him in the Gen" Court houfe to pafs fuch BUls as Depend. M' Speaker and the Houfe Attend and M' Speaker prefents the BUl for raifing the publick Leuy wch his Exy was pleafed to pafs — and Signed the faid BUl, then the Speaker. His Exy did then prorogue the Affembley to the laft of Odo' next James Sherlock Clerk of the Gen" Affembley AT A GENERALL ASSEMBLY begun at James City the 1 8th day of Aprill 1695 & thence continued by two Prorogations to the 2 3d of Aprill in ye eighth yeare of the Reigne of or Soveraigne Lord William by ye Grace of God King of England, Scotland, France, Ireland & Virginia Defender of the fFaith &c. Annoq3 Dom: 1696 IFrom the Public Record Office, London, Colonial Office, Clafs 5, Vol. 141 1, pp. i-9-l At a Generall Affembly begun at James City the 18th day of Aprill 1695 & thence continued by two Prorogations to the 2 3d of Aprill in ye eighth yeare of the Reigne of or Sov eraigne Lord William by ye Grace of God King of England, Scotland, France, Ireland & Virginia Defender ofthe fFaith &c. Anno q3 Dom: 1696 Aprill the 24th 1696 Prefent HIS Excellency, M' Secretary Wormley, CoU1 Richd Lee, CoU' Wm Byrd, CoU1 Ch' Wormley, CoU1 Edwd Hill, CoU1 Edm* Jennings, CoU1 Dan" Park, CoU1 Rich* Johnfon, CoU1 Charles Scarburgh. A Meffage from the houfe of Burgeffes by m' Carter &c. Acquainting his ExceUency that the houfe was met & attended his Excellencys Comands : Ordered that a ComUfion be Prepared Appointing & Impowering CoU1 Chriftopher Wormley CoU1 Park 8c CoU1 Scarburgh to AdminUter the Severall Oaths to the new members of the houfe of Burgeffes. Purfuant to his Excellencys ComUfion CoU1 Chrifto' Wormley CoU1 Dan" Park & CoU1 Charles Scarburgh went to the Gen" Courte houfe & AdminUtred the Oaths appointed by Act of Parliam' to be taken inftead of the Oathes of Allegiance & Suprem acy (the Teft) & the Oath of a Burgefs to Jo: F of ter of New Kent County & Charles Goodrich of Charles City County Mathw Watts of Elizh City County & to Rich* Whitaker of Warwick County. His ExceUency was Pleafed to Comunicate his Speech to the Gentlem" of the CouncUl & defired their Opinions therein w°b they Unanimoufly approved of findeing nothing Wanting therein. Gen11 Courthoufe Prefent HIS Excellency, M' Secrety Wormley, CoU1 Rich* Lee, CoU1 WM Byrd, CoU1 Xp' Wormley, CoU1 Edw* Hill, CoU1 Edm* Jennings, CoU1 Dan" Park, CoU1 Rich* Johnfon, CoU1 Charles Scarburgh. Ordered that the Clerk of the Gen" Affembly do Signifie to the houfe of Burgeffes his Excellencys Comands Imediately to Attend him in the Generall Court- houfe where being come. His ExceUency thus Expreft himfelfe. Gentlemen. I doe not doubt aU here, being very Sencible of Gods Continued Bleffings to his Ma'y & Tranquility of this his Dominion. I haue nothing now, or other to Say, or Offer to you then at out Laft meeting, when his Ma'ya Comands & all elce neceffary was recommended to you Since which the Gov ern' of New Yorke has demanded the Quota of Affiftance comanded by his Ma'y. But I muft againe recomend to you Gentlemen of the houfe of Burgeffes the prefent & effedtuaU Confideracon, of what is yet Wanting So recommended before, or his [is] neceffary for his Ma"ee Service & Continued WeUare, Safety & Honor of this his Dominion & due regard to the Church & CoUedge. And (228) And hope all heartUy joyning in our duty to God Almighty for his Bleffings as by a Late Proclamacon in this his Ma" Colony & Dominion. James City Aprill 24th 1696 A Meffage from the houfe of Burgeffes by m' Sherwood &¦= praying a Copy of his Excellencys Speech. Ordered that the Clerk of the Gen" Affbly do Carry a Copy of his ExceUencys Speech to the houfe of Burgeffes. Aprill the 26th 1696 Prefent HIS Excellency, M' Secy Wormley, CoU1 Rich" Lee, CoU1 W- Byrd, CoU1 Xp' Wormley, CoU1 Edwd Hill, CoU1 Edmd Jennings, CoU1 Dan" Park, CoU1 Rich* Johnfon, CoU1 Charles Scarburgh. A Meffage from the houfe by Cap' Randolph &c. Fryday Aprill 24th 1696 By the houfe of Burgeffes Ordered that M' Randolph M' Diggs M' Story 8c m' Chamberlaine at Some Convenient time waite upon his Excellency & pray his Excellency to Iffue out a new Writt for the Election of Burgeffes in Ifle of Wight County in the Roome of M' Jo" Goodrick decd A new Writt for the Eledtion of a Burgefs in Norffolk County in the Roome of M' Wm Robinfon decd & a New Writt for the Election of a Burgefs in Stafford County in the Roome of M' Martin Scarlett deceafed who Since the Election made of him in y roome of Cap' Tho Owfley now Sherff of y6 County of Staff* is deced Ordered that the Writts do Ufue accordingly for y6 Election of Burgeffes for the Ifle of Wight County for Norffolk County & for Stafford County. Aprill the 28th 1696 Prefent HIS Excellency, M' Sec Wormley, CoU1 Rich* Lee, CoU1 Wm Byrd, CoU1 Xp' Wormley, CoU1 Edw* Hill, CoU1 Edm" Jennings, CoU1 Dan" Park, CoU1 Rich* Johnfon, CoU1 Charles Scarburgh A meffage from the Houfe to his Excellency by m' Sherwood &c begging leave of his Excellency to know when the houfe may Wait upon his Excellency, his Excellency appointed 3 a Clock in the Afternoone. An Addrefs to his Excellency by y Speaker & the Whole houfe. To his ExceUency S' Edmd Andros Kn' his Ma'3 Leiu' & Governor Generall of Virginia. The humble Addrefs of the houfe of Burgeffes. May it Pleafe yo' Excellency. Wee his Ma'8 moft dutifull . . . . [See J. of H. of B., 1695-1702, pp. 49-50.] Aprill the 29th 1696 Prefent HIS Excellency, M' Secretary Wormley, CoU1 Rich* Lee, CoU1 Wm Byrd, CoU1 Xp' Wormley, CoU1 Edw* Hill, CoU1 Edm' Jennings, CoU1 Dan" Parke, CoU1 Rich* Johnfon, CoU1 Charles Scarburgh. Ordered that the Clerk of the Generall Affembly do Carry his ExceUencys Anfwer to the addrefs of the houfe of Burgeffes of Yefterday. By his ExceUency. M' Speaker & Gentlemen of the Houfe of Burgeffes I have Corhunicated [See J. of H. of B., pp. 50-51.] An (229) An Addrefs of the houfe of Burgeffes to his Excellency by m' Carter &c By y Houfe of Burgeffes May it pleafe yo' Excellency, His Ma'y8 dutyfull & Loyall Subjects [See J. of H. of B., p. 51.] The Addrefs of the Houfe of Burgeffes to his Excellency of this day his Excellency recommended to the CounciU for their Confideracon & AdvUed [Advice] thereon Aprill the XXXth 1696 Prefent HIS Excellency, M' Secry Wormley, CoU1 Rich* Lee, CoU1 Wm Byrd, CoU1 Xp' Wormley, CoU1 Edm" Jennings, CoU1 Dan" Park, CoU1 Richd Johnfon, CoU1 Charles Scarburgh Ordered that the Clk of the Gen" Affbly do carry his Excellencys anfwer to the Reply of y Houfe of Burgeffes of Yefterday. By his Excellency M' Speaker & Gentlemen of the houfe of Burgeffes His ExceUency yefterday Laid [See J. of H. of B., p. 52.] An Addrefs from the houfe of Burgeffes by Cap' Randolph &c By the houfe of Burgeffes. May it Pleafe yo' Excellency Wee his Ma"63 moft dutyfull [See J. of H. of B., p. 52.] His Excellency laid the Addrefs of the houfe of this day before the Councill & defired their Advice Thereupon who upon Confideracon of the Whole Matter are of Opinion that a Recefs be Granted. May the ift 1696 Prefent HIS ExceUency, M' Sec Wormley, CoU1 Rich* Lee, CoU' Wm Byrd, CoU1 Xp' Wormley, CoU1 Edm* Jennings, CoU1 Dan" Park, CoU1 Rich* Johnfon, CoU1 Charles Scarburgh. Ordered that the Clerk of the Gen" Affbly Signifie His Excellency Comands to the houfe of Burgeffes that they Imediately attend His ExceUency in the great Brick-houfe, Where being come his Excellency thus Said Gentlemen Finding the DUtemper of the Small Pox is much feared & no other bufinefs neceffary to be dUpatched at this time, I doe Prorogue this Generall Affembly to the XXIX"4 day of Odober next. James Sherlock CI. Gen" Affem" AT A GENERALL ASSEMBLY begun at James City the 24th day oi September in the Eighth year of the Reign of our Sovereign Lord William the third of England Scotland ffrance Ireland &c King defender of the ftaith, Annoq3 Dom 1696 [From the Public Record Office, London, Colonial Office, Clafs 5, Vol. 1411, pp. 12-39.] At a Generall Affembly begun at James City the 24th day of September in the Eighth year of the Reign of our Sovereign Lord William the third of England Scotland ffrance Ireland &c King defender ofthe fFaith, Annoq3 Dom 1696 [September 24th 1696.] Prefent HIS Excellency S' Edmond Andros Kn' Governo' &c, Ralph Wormeley, William Byrd, Chriftop' Wormeley, Edmond Jenings Efq" Ordered that a ComUfion be prepared to impower William Byrd, Chrifto pher Wormeley & Daniel Parke Efq" or any two of them to adminUter the oaths & Teft to the Elected members of the Houfe of Burgeffes as Ufual Poft Meridiem Prefent HIS ExceUency S' Edmond Andros Kn' Governo' &c, Ralph Wormeley, William Byrd, Chriftop' Wormeley, Edmond Jenings Efq" Ordered that the Clerke of the General Affembly go to the Houfe of Burgeffes and Acquaint them that his Excellency Comands their imediate Attendance in the Court Houfe where they being come, His Excellency told them, he was verry glad to See fo good an Appearance this firft day of the Affembly and Comanded them to go back to their Houfe and make Choice of their Speaker September 25th 1696 Prefent HIS ExceUency S' Edmond Andros Kn' Governor &c, Ralph Wormeley, WiUiam Byrd, Chriftop' Wormeley, Edmund Jenings Efq" A Meffage from the Houfe of Burgeffes by m' Benja Harrifon &c Acquaint ing his Excellency that in Obedience to his Excellency's Comands the Houfe of Burgeffes had made choice of their Speaker Generall Court Houfe Prefent HIS Excellency S' Edmond Andros Kn' Governor &c, Ralph Wormeley, WiUiam Byrd, Chriftop' Wormeley, Edmond Jenings, Daniel Parke Efq" Ordered that the Clerke of the Generall Affembly go to the Houfe of Burgeffes and Acquaint them his Excellency Comands their Attendance in the Generall Court Houfe. The Houfe of Burgeffes wait upon his Excellency in the Court Houfe and M' Robert Carter Acquaints his Excellency that the Houfe of Burgeffes had made choice of (234) of him for their Speaker, and haveing made a Speech dUableing himfeUe, was confirm 'd by his Excellency, and then prayed that what priveledges that Houfe have ufually had or Ought to injoy might be continued and Confirmed to them, which his ExceUency Accordingly granted and then made a Speech and is as as ffolloweth. Gent. I do not doubt [See J. of H. of B., 1695-1702, p. 59.] September 28th 1696 Prefent HIS Excellency S' Edmond Andros Kn' Governor &c, Ralph Wormeley, William Byrd, Chriftop' Wormeley, Edmond Jenings, Daniel Parke Efq" A meffage from the Houfe of Burgeffes by M' John Taylor &c praying his Excellency to Appoint a meffinger to Attend the Houfe of Burgeffes Ordered that a ComUfion be prepared Appointing mr John Chiles his Majefties Meffinger to attend the Houfe of Burgeffes A meffage ffrom the Houfe of Burgeffes by Coll0 Ifaac Allerton &c prefenting an Addrefs to his Excellency in thefe words To his ExceUency [See J. of H. of B., pp. 63-64.] Ordered That the Clerke of the Generall Affembly carry the ffoUowing anfwer to the addrefs of the Houfe of Burgeffes, and the Account of Amunition and Stores of warr, with the Kings and Councills Letters defired By his Excellency M' Speaker 6° Gent of the Houfe of Burgeffes Upon your addrefs of this day I have by advice in CouncUl Appointed Tuefday next for a Day of thankf giving and prayers to be kept by this Generall Affembly Sign'd E Andros 29th Septemb' 1696 October 2d. 1696 Prefent HIS Excellency S' Edmond Andros Kn' Governor &c, Ralph Wormeley, William Byrd, Chriftop' Wormeley, Edmund Jenings, Daniell Parke Efq" A meffage to the Councill ffrom the Houfe of Burgeffes by M' John Withers &c defireing a conference with Some of the CounciU about that part of his Excellencys Speech which relates to the Secureing of Amunition and Stores of warr on the ffrontiers Sea & Land for the better defence of the Countrey, and that the Councill pleafe to appoint a time and place. Ordered That the Clerk of the GeneraU Affembly go to the Houfe of Burgeffes and Acquaint them that they have Confidered their Meffage for a Conference upon that part of his Excellcys Speech which relates to Secureing the Amunition &c and defence of the {fron tiers, and that in anfwer thereto they have Appointed three of them to conferr with Such of the Houfe as fhall be Appointed to meet them in the great Hall on Monday next four a Clock in the afternoon Edward Hill, Edmund Jenings, and Daniel Parke Efq" are Appointed to Manage the Conference Appointed to be had with Some members of the Houfe of Burgeffes on Monday Next. Monday (235) Monday October 5th 1696 Prefent HIS Excellency Sr Edmond Andros Kn' Governor &c, Ralph Wormeley, William Byrd, Chriftop' Wormeley, Edmond Jenings, Daniel Parke Efq" A Meffage ffrom the Houfe of Burgeffes by Coll° Ifaac Allerton &c prefenting the ffoUowing bUls which they had paffed, and defireing the Concurrence of the Councill Viz' A BUl for repealing the prohibition of planting tobacco after the laft day of June Annually. A bUl for altering the Court day's in Accomack County A bUl giveing a reward to Indians for Killing of Wolves A bUl for Afcertaining the rate & vallue which money Shall pafs at A meffage to his Excellency & CounciU by M' John Giles [Chiles or Childs] &c prefenting an Addrefs Viz' To his Excellency S' Edmond Andros Kn' his Maj3 Lieu' and Governor Generall of Virginia, and the Hon°bU Councill of State. The humble Addrefs of the Houfe of Burgeffes. May it pleafe yr Excy & Hono'3 Whereas it is reprefented [See J. of H. of B., p. 71.] October 7* 1696 Prefent HIS Excellency S' Edmond Andros Kn' Governor &c, William Byrd, Chriftop' Wormeley, Edward Hill, Edmund Jenings, Efq" M' Comiffary Blair. Ordered That the Clerk of the Generall Affembly carry the ffoUowing anfwer to the Houfe of Burgeffes addrefs concerning the taking up of Land on the South Side the Blackwater Swamp. Viz' By his ExceUency & Councill M' Speaker & Gent of the Houfe of Burgeffes In anfwer to your Meffage relating to takeing vp Lands on the South Side of Blackwater Swamp, all due regard will be had therein as occafion (Sign'd) By ord' of His Excy & Councill 7th Odober 1696 R. Beverley CI. Gen Affembly Poft Meridiem Prefent "W ~T "7 ILLI AM BYRD, Chriftop' Wormeley, Edward Hill, Edmond Jenings Efq", l/I / James Blair ComUfary WW A bUl for repealing the prohibition of planting tobacco after the laft day of June Annually, read the firft time, & ordered A Second reading A bill for altering the Court days in Accomack County, read the firft time, and Ordered a Second reading A bill giveing reward to Indians for Killing of wolves read the firft time, and Ordered a Second reading. A bUl for Afcertaining the rate & vallue which money Shall pafs at, read the firft tune 8c Ordered a Second reading CoU0 Hill &c reports from the Conference that he had Acquainted the Conferrees from the Houfe of Burgeffes of his Excellencys defires concerning the ffrontiers and that they were verry well Satisfied therewith and Said they would report the Same to the Houfe. October (236) October 8th 1696 Prefent f" X T ILLI AM BYRD, Chriftop' Wormeley, Edward Hill, Edmund Jenings Efq", 1/1/ James Blair ComUfary, Dan' Parke Efq' ww A bill for repealing the prohibition of planting tobacco after the laft day of June Annually read the Second time, and Ordered to be read the third time A bill for altering the Court days in Accomack County read the Second time, & Ordered a third reading. A bUl giveing reward to Indians for killing of wolves read the Second tune, & Ordered a third reading. A bUl for Afcertaing the rate and vallue which money fhall pafs at, read the Second time, and Ordered a third reading. October 9^ 1696 Prefent T T YlLLIAM BYRD, Chriftop' Wormeley, Edward Hill, Edmund Jenings Efq", 1/1/ James Blair Comiffary, Daniel Parke Efq' ww A bill for repealing the prohibition of planting tobacco after the laft day of June Annually read the third time and with Some Amendments Affented to. A bill for altering the Court days in Accomack County read the third tune and Affented to. A bill giveing reward to Indians for killing Wolves read the third time and with Some Amendments Affented it. Ordered That the Clerk of the Generall Affembly carry the Said bUls with the Amendments to the Houfe of Burgeffes A bill for punifhment of fornication & Severall other Sins and offences read the firft time, & Ordered a Second reading A bill for divideing King and Queen County read the firft time, and Ordered a Second reading. A bill for the Support and Maintenance of the Clergy, read the firft tune, and Ordered a Second reading. October io*?1 1696 Prefent T T TILLIAM BYRD, Chriftop' Wormeley, Edward Hill, Edmund Jenings Efq", I /I / James Blair Comiffary. w w His Excellency laid before the Councill a paper given him late laft night by M' Comiffary entitulled an Ad for facilitating fhe payment of the Donations already made to fhe CoUedge of WUliam and Mary in Virginia which being Confidered by the Councill, they find it not regular, nor According to the Ufual pro ceedings, It is therefore referred till Monday next, for M' Benjamin Harrifon Jun' to appear who is alledg'd by Mr Comiffary to be the drawer thereof and by him defired to be heard therein. A bill for punifhment of fornication and Severall other Sins and Offences read the Second time A bUl for Divideing King and Queen County read the Second time A bill for the Support & Maintenance of the Clergy read the Second time A Meffage from the Houfe of Burgeffes by William Byrd Jun' Efq' &c prefenting the two ffoUowing Bills which they had pafs'd and defired the Concurrence of the Coun cill in Viz' A (237) A bill for Afcertaining the place where the Court of York County Shall be kept. A bUl for Afcertaining the Gage of Pork tarr & other Barrills. A meffage from the Houfe of Burgeffes by Wm Byrd Jun' Efq' &c prefenting for the CounciUs view the two ffoUowing bills with the Amendments made by the Councill agreed to by the Houfe of Burgeffes, and made in the Said bUls Viz' A bUl for repealing the prohibition of planting tobacco after the laft day of June Annually. A biU giveing a reward to Indians for killing of Wolves. R October 12 th 1696 Prefent ICHARD LEE, William Byrd, Chriftopher Wormeley, Edward Hill Efq" A Meffage from the Houfe of Burgeffes by William Byrd Jun' Efq' &c. prefenting the ffoUowing bills which they had pafs'd and defire the concurrence of the Councill in Viz' A byll for impofeing penalties vpon the non appearance of evidences A byll declaring how long Judgements & Specialties fhall be pleadable. A bUl for alteration of inconvenient roads A bUl for Afcertaining damages upon Appeales October 13 th 1696 Prefent 'TyiCHARD LEE, William Byrd, Chriftop' Wormeley, Edward Hill, Edmund Jen- r^ ings, Daniell Parke Efq" -*- ^- The following bills were read the firft time Viz' A biU for Afcertaining the place where the Court of York County Shall be kept A biU for Afcertaining the Gage of Pork Tarr, & other bills [barrels] A bill for impofeing penalties upon the non Appearance of evidences. A bUl declaring how long Judgements and Specialties ShaU be pleadable A bill for the alteration of inconvenient Roads, & A bUl for Afcertaining damages vpon Appeales, The paper entitulled an Ad for facilitating the payment of the Donations already made to the CoUedge of William & Mary in Virginia, being referred from Saturday tUl Monday that M' Benj" Harrifon Jun' might be here, and M' ComUfary Blair who prefented the Same nor the Said Harrifon not being in town, It was not then caUed & being now again read, It is further referred that the Said Harrifon may be heard or tiU Mr Comiffary come. The bill for Afcertaining the rate and vallue which Money Shall pafs at being read the third time is not Affented to. The biU for divideing King and Queen County being read the third time, is not Affented to. The biU for repealing the prohibition of planting tobacco after the laft day of June Annually, and the BUl giveing reward to Indians for Killing Wolves being return'd Amended and affented to by the Houfe of Burgeffes According to the Amendments in CouncUl Ordered That the Clerk carry the Said four bills to the Houfe of Burgeffes The bill for punifhment of ffornication and Severall other Sins and offences & The biU for the Support and Maintenance of the Clergy M' ComUfary Blair not being here are referred. Octob er (238) October 14th 1696 Prefent W RICHARD Lee, Wm Byrd, Chriftop' Wormeley, Edward Hill, Edmund Jenings W^ Efq", James Blair ComUfary, Dan' Parke, Charles Scarburgh Efq" -•*- V. Mr Comiffary Blair defires to withdraw the paper which he put in on ffryday night laft Entitulled an A d for facilitateing the payment of the donations already made to the CoUedge of William and Mary in Virginia Which is Accordingly granted. Upon the petition of Benjamin Harrifon and William Randolph two of the truftees for the College of William & Mary in Virginia, leave is given them to bring in a bill for facilitating the payment of the donations already made to the Said College. October 15 th 1696 Prefent ~T\ICHARD Lee, Chriftop' Wormeley, Edward Hill, Edmund Jenings Efq", James r^ Blair ComUfary, Daniel Parke, Charles Scarburgh Efq" -*- •> The Six following bills were read the Second time Viz' A bill for Afcertaining the place where the Court for York County Shall be kept A bill for Afcertaining the Gage of Pork tarr & other barrills A bill for impofeing penalties Vpon the non appearance of Evidences A biU declaring how long Judgements & Specialties fhall be pleadable A bill for the Alteration of inconvenient Roads & A bUl for Afcertaining of Damages Vpon appeal's, and Ordered to be read a third tune William Randolph and Benjamin Harrifon two of the truftees for the College of WiUiam and Mary in Virginia According to leave given them yefterday prefented a bUl for payment of the Donations already made to the Said College which was read the firft time & Ordered a Second reading. A Meffage from the Houfe of Burgeffes by Mr John Taylor &c prefenting two bills which the houfe had paffed, and defired the Concurrence of the CouncUl in Viz' A bill for prevention of Clandeftine Marriages & A bill for Afcertaining what Shall be Sufficient proof to Letters of Attorney. A Meffage from the Houfe of Burgeffes by William Byrd Jun' Efq' &c prefenting two biUs which the houfe had paffed and defire the Concurrence of the CouncUl in Viz' A byll for Erecting and buUding of pounds in the Counties of Accomack and North ampton 8c A bill for the better Supply of the Country with Armes and Amunition October 16th 1696 Prefent TT\ICHARD LEE, Wm Byrd, Chriftop: Wormeley, Edward Hill, Edmund Jenings r^ Efq'3, James Blair Comiffry, Dan' Parke, Char: Scarburgh Efq" JL- V- The bill for prevention of Clandeftine Marriages read the firft time and Ordered a Second reading The bill for Afcertaining what fhall be Sufficient proofe to Letters of Attorney read the firft time and Ordered a Second reading. The bill for Erecting & building of Pounds in Accomack and Northampton read the firft time & Ordered a Second reading The bill for the better Supply of the Country with Arm's and Amunition, read the firft time and Ordered a Second reading. The (239) The bill for punifhment of ffornication and Severall other Sins and offences read the third time & with Some Amendments Agreed to The biU for the Support and Maintenance of the Clergy read the third time and with Some Amendments agreed to. The bUl for Afcertaining the place where the Court of York County fhall be kept read the third time & agreed to. Ordered that the Clerke of the Generall Affembly carry the Said three bUls, with the amendments to the Houfe of Burgeffes. A bUl for facUitating the payment of the Donations to the College of William and Mary in Virginia, read the Second time, and Ordered to be read the third tune. The bUl for Afcertaining the Gage of Pork Tarr and other BarrieUs, read the third time and Severall Amendments Ordered to be made in the Said bUl. October i 7t.h 1696 Prefent ~T\ICHARD LEE, William Byrd, Chriftop' Wormeley, Edward Hill, Edmund r^ Jenings Efq", James Blair ComUfary, Dan1 Parke, Charles Scarburgh Efq" ¦*¦ «*¦ The Amendments made by Order of Yefterday to the bill Afcertaining the Gage of Porke Tarr and other barreUs, were read and the Said bill agreed to with the Said Amendments. The bUl for impofeing penalties Vpon the Non-appearance of Evidences, was read the third time and Agreed to. The bill declaring how long Judgements and Specialties fhall be pleadable, read the third time and Agreed to. The biU for the alteration of inconvenient roads, was read the third time, & rejected The bUl for Afcertaining of Damages Vpon appeales was read the third time and Agreed to. Ordered That the Clerk of the GeneraU Affembly carry the Said five bills with the Amend ments to the Houfe of Burgeffes A Meffage from the Houfe of Burgeffes by M' William Leigh &c prefenting the bUl for punifhment of fornication and SeveraU other Sins and Offences with the amend ments propofed by the CounciU inferted in the Said bill by the Houfe, which being viewed by the Councill the Said bUl with Said Amendments was agreed to. Ordered That the Clerk of the Generall Affembly return the Said bill to the Houfe of Burgeffes A bill for prevention of Clandeftine Marriages read the Second time and Ordered a third reading. A biU for Afcertaining what Shall be Sufficient proofe to Letters of Attorney read the Second time and Ordered A third reading A biU for Erecting and building of Pounds in the Counties of Accomack and North ampton read the Second time and Ordered a third reading A bill for the better Supply of the Country with Armes & Amunition read y6 Second time & ordered a third reading A bUl for facilitating the payment of the Donations to the College of William and Mary is referred to be read the third tune on Monday, M' Comiffary not haveing Shewed the breiffs or Charter as defired before now. A meffage to his Excellency by M' WiUiam Leigh &c prefenting an Addrefs from the Houfe of Burgeffes A meffage to the Councill by M' William Randolph &c prefenting two bills which the Houfe of Burgeffes had paffed and defire the concurrence of the CouncUl in Viz* A bill appointing Rangers at the heads of the great Rivers & A (240) A bUl for prevention of MUchiefs from the Maryland Indians hunting in Virginia. A meffage to the Councill by William Randolph Efqr &c defireing a Conference with Some of the Councill vpon the Amendments propofed to the bill for the Support and Maintenance of the Clergy Ordered That in anfwer thereto, the Clerk of the Generall Affembly go to the Houfe of Burgeffes and Acquaint them that three of the CounciU are Appointed to meet Such as ShaU be Appointed by the Houfe of Burgeffes to conferr with them as aforefaid on Monday next four a Clock in the afternoon in the great Hall. Monday October 19th 1696 Prefent JT\ICHARD LEE, William Byrd, Chriftop' Wormeley, Edmund Jenings, Cha: r^ Scarburgh Efq" -*- ^ Richard Lee, Edmund Jenings 8c Charles Scarburgh Efq" are Appointed to Manage the Conference Appointed this afternoon Vpon the Amendments propofed to the bill for the Support and Maintenance of the Clergy A meffage from the Houfe of Burgeffes by Coll Ifaac Allerton &c Prefenting a bUl for regulateing and afcertaining County Court Clerks fees, which the Houfe had paffed and defire the Concurrence of the Councill in Tuefday October 20th 1696 Prefent F RICHARD LEE, William Byrd, Chriftop' Wormeley, Edward Hill, Edmund Jen- r^ ings Efq", James Blair Comiffry, Dan' Parke, Charles Scarburgh Efq" -»¦ »- The bill for facilitating the payment of the Donations to the College of WiUiam and Mary in Virginia being read the third time and the queftion put whether it Should pafs as it is, it paffed in the Negative & the queftion being put whether it Should be Amended it paffed alfo in the Negative A bill for prevention of Clandeftine Marriages read the third time and with Some Amendments agreed to. A bill for Afcertaining what Shall be Sufficient proofe to Letters of Attorney read the third time and with Some Amendments agreed to. A bill for Erecting and building of pounds in the Counties of Accomack and North ampton, read the third time and with Some Amendments Agreed to. Ordered That the Clerk Carry the Said three bills to the Houfe of Burgeffes A bill for the better Supply of the Country with Arm's and Amunition read the third time and referred again to be again confidered to Morrow Morning A bill for Afcertaining the Gage of pork tarr and other barreUs, with the Amend ments propofed by the CounciU inferted in the Said bill and Agreed to by the Houfe of Burgeffes being Viewed by the Councill, the Said bill with the Said Amendments are Affented to, & Ordered that the Clerk return the Said biU to the Houfe of Burgeffes A bill appointing Rangers, at ye heads of y6 four great Rivers, read y6 firft time & ord'd a 2d reading. A bUl for prevention of MUcheifs from the Maryland Indians hunting in Virginia, read the firft tune and Ordered a Second reading A bill for regulateing and Afcertaining County Court Clk's fees read the firft tune and Ordered a Second reading. October (241 ) October 21th 1696 Prefent ~T~\ICHARD LEE, William Byrd, Chr: Wormeley, Edward Hill, Edmund Jenings /\ Efq", James Blair ComUf'y, Dan' Parke, Charles Scarburgh Efq" -»¦ V A Meffage from the Houfe of Burgeffes by Ifaac Allerton &c prefenting the book of publick claimes which they had paffed and defired the Concurrence of the Councill & A bUl for prevention of Clandeftine Marriages with the Amendments propofed by the Councill inferted in the Said bill and Agreed to by the Houfe of Burgeffes. Refolved that a meffage be Sent to the Houfe of Burgeffes on the Subject matter of Amendments propofed to the bill for Support and Maintenance of the Clergy and Ordered that Edward Hill and Edmund Jenings Efq" prepare the Same. October 2 3t.h 1696 Prefent ~jr\ICHARD LEE, William Byrd, Chris Wormeley, Edward Hill, Edmund Jenings r^ Efq", James Blair Comiii'y, Dan' Parke, Char: Scarburgh Efq" -•*¦ V. A Meffage from the Houfe of Burgeffes by Ifaac Allerton Efq' &c returning the bill for the Support and Maintenance of the Clergy with the Amendments, to which the Houfe of Burgeffes have Agreed, Except the word [Sixteen] inftead of the word [fourteen] In which they do adhere to the former vote of their Houfe. Edward Hill and Edmund Jenings Efq" having prepared a Meffage to the Houfe of Burgeffes on the Amendments propofed to the bUl for Support and Maintenance of the Clergy which being read and approved of Ordered That the Clerk of the General Affembly carry the Said bill to the Houfe of Burgeffes and the Said Meffage which is as ffolloweth. By fhe CounciU M' Speaker & Gent, of the Houfe of Burgeffes. His Excellency having been pleafed [See J. of H. of B., p. 93.] A bUl for the better Supply of the Country with Armes and Amunition is Comitted to Chriftopher Wormeley 8c Daniel Parke Efq" to confider of fit amendments to be made thereon, and report tomorrow Morning. A bUl Appointing Rangers at the heads of the ffour great Rivers read the Second time & Ordered a third reading. A bill for prevention of MUchiefs from the Maryland Indians hunting in Virginia, read the Second time & Ejected A bill for regulateing and Afcertaining County Court Clerks fees read the Second time & Ordered a third reading A meffage from the Houfe of Burgeffes by William Randolph Efq' &c prefenting the bill for the Support & Maintenance of the Clergy with the Amendments as propofed at the conference inferted in the Said bill by the Houfe of Burgeffes, which being Viewed by the Councill is agreed to. October 2 4^ 1696 Prefent T T TILLIAM BYRD, Chriftop' Wormeley, Edward Hill, Edmond Jenings Efq", 1/1/ James Blair ComUfT, Daniel Parke, Charles Scarburgh Efq" w w Chriftopher Wormeley 8c Daniel Park Efq" report the bUl for the better Supply of the Country with Arm's & Amunition with SeveraU Amendments to be made hereto, which being read, are agreed to. A bill Appointing Rangers at the heads of the four great Rivers being read the third time is agreed to with Some Amendments. A (242 ) A bill for prevention of Clandeftine Marriages with the Amendments propofed by the Councill inferted and Agreed to by the Houfe of Burgeffes, is Affented to Ordered That the Clerk of the Generall Affembly carry the Said three biUs with the Amend ments, and the bill for the better Support and Maintenance of the Clergy, and the bill for the prevention of MUchiefs from the Mary Land Indians hunting in Virginia to the Houfe of Burgeffes. A bill for regulateing and Afcertaining County Court Clerks fees is Comitted to Edward Hill and Charles Scarburgh Efq'8 to confider of fitt Amendments to be made thereto & report on Monday Morning. October 26th 1696 Prefent T T "TILLIAM BYRD, Chriftop' Wormeley, Edward Hill, Edmund Jenings Efq", 1/1/ James Blair ComUf'y, Daniel Parke, Charles Scarburgh Efq" * * A Meffage from the Houfe of Burgeffes by Mr Wm Baffett &c prefenting the bill for Appointing Rangers at the heads of the four great Rivers, and Saying that the Houfe do Adhere to the Said bill as it was before paffed in the Houfe & pray the concurrence of the Councill October 27th 1696 Prefent TT TILLIAM BYRD, Chriftop' Wormeley, Edward Hill Efq'9, James Blair 1/1/ ComUf-T, Dan1 Parke, Chart: Scarburgh Efq" ww A Bill for regulateing and Afcertaining County Courts Clerks fees, is Agreed to. The Book of publick claimes being read, Some Amendments and Additions were made, & Ordered That the Clerk of Generall Affembly carry the Said Bill, and Book of Claimes with the Amendments to the Houfe of Burgeffes. A Meffage from the Houfe of Burgeffes by WiUiam Randolph Efq' &c prefenting the Book of Claimes with Severall Additions made thereto, by the Houfe & prayed the concurrence of the Councill, which being Confidered, and one of the Said additions not thought Sufficient, the following Meffage was written By the Councill M' Speaker & Gent of the Houfe of Burgeffes. Upon confideration of your allowance [See J. of H. of B., p. 96.] A bill for Appointing Rangers at the heads of the four great Rivers is Agreed to. Ordered That the Clerk of the Generall Affembly carry the Said Written Meffage with the Book of Claimes, & the Said Bill to the Houfe of Burgeffes October 28^ 1696 Prefent I ~%ICHARD LEE, William Byrd, Chr: Wormeley, Edward Hill, Edmund Jenings ^Y Efq", James Blair ComUf1^, Dan' Park, Char: Scarburgh Efq" -*¦ •- A Meffage from the Houfe of Burgeffes by M' John Thompfon Sec bringing the Book of Claimes again with a written refolve of the Houfe in thefe words May it pleafe yo' Hono'3 The Houfe of Burgeffes [See J. of H. of B., p. 96.] And (243) And further acquainting the Councill that there was Nothing now lay before the Houfe The Said Meffage being Confidered Ordered That the Clerk of the Generall Affembly return the Book of Claimes, with the ffoUowing Meffage. By the CounciU M' Speaker & Gent of the Houfe of Burgeffes We have confidered [See J. of H. of B., p. 96.] A Meffage from the Houfe of Burgeffes by Cap' Michael Sherman &c prefenting again the Book of Claimes with A written Meffage in thefe words May it pleafe yo' Hono'3 The Houfe of Burgeffes [See J. of H. of B., pp. 96-97.] Which Meffage being confider'd, & the Said Amendment of twenty pounds made in the Book of Claimes it is a Agreed to. Ordered That the Clerk of the Gen" Affembly return the Book of Claimes to the Houfe of Burgeffes and Acquaint them the Councill expects they Send them the roll of bUls which are paft for their perufall R October 29th 1696 Prefent ICHARD LEE, WiUiam Byrd, Chriftop' Wormeley, Edward Hill, Edmund Jenings Efq", James Blair ComUf-T, Charles Scarburgh Efq' A Meffage from the Houfe of Burgeffes by M' William Leigh &c prefenting the Roll of Bills which were paft, for the CounciUs View. October 30th 1696 Prefent ~F~\ICHARD LEE, William Byrd, Chr Wormeley, Edward Hill, Edmund Jenings Efq", g\ James Blair ComUfry, Charles Scarburgh Efq' -**- ^- A Meffage from the Houfe of Burgeffes prefenting the Book of proportions of publick dues in tobacco. The Account of money due vpon the four pence ^ gaU ; and the proportion thereof & A bill for raifing a publick Levie to all which they pray the CouncUls concurrence. The book of proportions of publick dues in tobacco The Account of money due vpon the 4d •$ gall : and the proportion thereof & A bill for raifing a publick Levie being read are Agreed to and Ordered that the Clerke of the Generall Affembly carry the Same to the Houfe of Burgeffes, together with the roll of Bills which they had fent The Councill in Confideration of the Clergys Addrefs haveing Ordered a Copy thereof for the Houfe of Burgeffes as concerned therein ; Ordered that the Clerk of the Generall Affembly Acquaint the Houfe of Burgeffes therewith and carry them the Said Copy. October 3 ith 1696 Prefent HIS Excellency S' Edmond Andros Knt Governo' &c, Richard Lee, William Byrd, Edward Hill, Edmund Jenings Efq", James Blair ComUf'y, Dan' Parke, Charles Scarburgh Efq'9 A Meffage from the Houfe of Burgeffes by CoU Ifaac Allerton &c pre fenting an addrefs to his Excellency, in anfw' to y6 Clergys Addrefs Ordered (244) Ordered that the Clerk of the Generall Affembly Acquaint the Houfe of Burgeffes that his Excellency Comands their Attendance in the Generall Court Houfe forthwith And the Said Houfe of Burgeffes being thither come, his Excellency was pleafed to Sign the Severall Law's hereafter mention'd, which were prefented by M' Speaker Viz* An Ad for prevention of fornication & Severall other Sins and Offences An Ad for altering fhe Court days in Accomack County. An Ad for giveing a reward to Indians for killing of Wolves. An Ad for repealing the prohibition of planting tobacco after the laft day of June Annually. An Ad for Afcertaining Damages vpon Appeales An Ad for impofeing penalties upon fhe Nonappearance of evidences. An Ad declaring how long Judgements & Specialties Shall be pleadable. An Ad for Afcertaining the place where fhe Court for York County Shall be kept. An Ad for Afcertaining fhe Gage of Pork Tarr and other barreUs. An Ad for prevention of Clandeftine Marriages. An Ad for fhe better Support & Maintenance of fhe Clergy An Ad for Afcertaining County Court Clks fees An Ad Appointing Rangers at the heads of the four great Rivers An Ad for Raifing a publick Levie And then His Excellency Ordered the Said Houfe to return and adjourn themfelves to Thurfday the 29th day of Aprill next. A true Copy Teft R Beverley CI Gen1 Affbly ATT A GENELL ASSEMBLY begunn att James City ye i%tl} day oi Aprill 1695 & Continued by prorogation & adjo^nm1 to y® 21 ft day of Octor in ye ninth year of ye Reigne of our Sovereigne Lord William by ye Grace of God of England Scotland france Ireland & Virginia Defend1* of the faith &c Annoq Domini 1697. [From the Public Record Office, London, Colonial Office, Clafs 5, Vol. 141 1, pp. 40-57-1 Att a Gene11 Affembly begunn att James City ye 1 8th day of Aprill 1695 & Continued by prorogation & adjou^m* to ye 2 1 ft day of Octor in ye ninth year of ye Reigne of our Sovereigne Lord William by ye Grace of God of England Scotland france Ireland & Virginia Defendr of the aith &c Annoq Domini 1697. October 2 ift 1 697.] Prefent HIS Exce"y, Wm Byrd, Chr. Wormeley, Edward Hill, Edm" Jenings, Rich* Jn'fon, Chr. Scarburgh Jn" Lightfoot Efq" A meffuage from y6 houfe of Burgeffes by Cap' Wm Randolph &c acquaint ing his Exy y' ye houfe was mett & waited his Exy8 Commands his Exy told them they were an adjourned houfe & might proceed on theire Bufinefs Gen11 Court houfe ye 23d Octo1 1697 Prefent HIS Exy, Wm Byrd, Chr Wormeley, Edward Hill, Edm" Jenings, Rich* Jn'fon, Ch: Scarburgh, Jn" Lightfoot Efq" Ord'* that y Clerk of the Gen" Affembly doe Signifie to y6 houfe of Bur geffes his Exy8 Comands Imediatly to attend him in y6 Gen" Court houfe where being Come his Exy thus Expreft himfelfe Gent. Soon after yo' adjournment . . [See J. of H. of B., pp. 105-106.] CoU Chr Wormley & Coll Edm" Jenings are appointed to AdminUt' the Vfuall Oaths y teft to the New Elected Members of y6 houfe of Burgeffes CoU Chr Wormley & Coll Edm' Jenings went to the Gen" Court houfe & AdminUt'd ye Oaths appointed by Act of Parliament to be taken Inftead of the Oaths of Allegiance and Sup'macy the teft to M' Phill Ludwell Juni' in the Room of M' W" Sherwood for James City deed to M' James Cock for Henrico County in the room of M' Wm Byrd gone for England to M' Rob' Hubbard in y6 Roome of M' Rich* Whitaker Sheriff for Warwick County. Octo 26th 1697 Prefent ~T\ICHD LEE, Wm Byrd, Chr Wormley, Edward Hill, Edm" Jenings, Rich* Jn'fon, r^ Chr Scarburgh Efq" -*- V A Meffuage from y6 houfe of Burgeffes to y6 Councill by Cap' Withers &c defireing a Conference with the Councill ab' that part of his Exy fpeech relating to Indians Coll Rich* Lee CoU Wm Byrd and Coll Ed Jening3 are appointed to Manage the Conference Ord'd (248) Ord'd y' y Clerk of y Gen" Affembly doe Acquaint y houfe of Burgeffes y' three of the Gent of the CounciU will Meet Such Members of the houfe of Burgeffes as they fhall appoint to Conferr ab' that part of his Exy8 Speech relateing to Indians att 5 a Clock in the Aft' Noon in the great Hall H Octor 29th [27th] 1697 P'fent IS Exy, Rich* Lee, Wm Byrd, Chr Wormley, Edward Hill, Edm" Jenings, Rich* Jn'fon, Chr: Scarburgh Efq" An Addrefs from y houfe of Burgeffes to his Exy by Cap' Wm Leigh &c To his Exy S' Edm° Andros Kn1 his Maj'" Lev* & Governour Gen" of Virginia the humble addrefs of the houfe of Burgeffes May itt pleafe your Excy Wee his Maj"8 LoyaU . [See J. of H. of B., p. 109.] Octor 28th 1697. Prefe' HIS Exy, Rich* Lee, Wm Byrd, Chr. Wormley, Edward Hill, Edm" Jenings, Rich* Jn'fon, Chr. Scarburgh Efq'3 Coll Lee reports from the Conference with the Members appointed by the houfe of Burgeffes that ye Gent Acquainted them they were not foe Much for a Conference as to AdvUe what May be for ye good of this Country & ye beft ways & Methods for bett' Secureing itt y' they Conceived the laws were Sufficient but defired the CouncUl to propofe any other means or Methods the Gen' of the CouncUl not being directed So to do told them they would report the Same to y board Upon Confid'tion of the Addrefs of the houfe of Burgeffes to his Exy of yefterday wcb his Exy was pleafd to lay before the CouncUl, the CouncUl doe defire Conference with the houfe of Burgeffes Coll Rich* Lee Coll Wm Byrd & CoU Ed Jenings are Appointed to Manage the Con ference Ord'd that the Clerk of the Gen" Affembly doe Signifie to y houfe of Burgeffes that y6 CouncUl defire a Conference with the houfe of Burgeffes & that three of the CounciU will meet Such Members as the houfe fhall appoint to Conferr ab' the Subject Matter of his Exy8 Speech Relateing to Indians & the Militia att 9 a Clock a Clock to Morrow Morning in the Great HaU Octor 29th 1697 Pref en' TT\ICHD LEE, Wm Byrd, Chr. Wormley, Edward Hill, Edm' Jenings, Rich6 Jn'fon, r^ Chr Scarburgh Efq" -»- V. Coll Lee reports from the Conference defi'd by the CouncUl that they mett the Gent — appointed by the houfe 8c did acquaint them that they were to Conferr on the Subject Matt' of the Addrefs of the houfe of Burgeffes to his Exye Speech relateing to the Indians & the Militia that to the firft they thought y6 Same was not fully and plainly Exprefs 'd & defired the Advice of the houfe whether the Pifcataway Indians ought to be removed or what fitt to be done & the Indian prifoners to be releafd or Continued & that relateing to the Militia his Exly did Mention to the houfe of Bur geffes on the Reprefentation of the Councill & the Severall Comd" in Chiefe that they thought (249) thought the laws were wanting and Vncertain being Varioufly and dubioufly Expounded & Executed theirfore the Gen' of the Councill thought itt proper & fitt for theire Con- fid'ation aU w=h being fully dUcourfed the Member[s] Said they would faithfully report itt to the houfe — Cap' Michaell Sherman &c bring from y6 houfe of Burgeffes the booke of Claimes Octor 30th 1697 P'fen' TT\ICHD LEE, Wm Byrd, Chr Wo'mley, Edward Hill, Edm' Jenings, Rich* Jn'fon, r^ Chr Scarburgh Efq" •*V A Meffuage from the houfe of Burgeffes by Mr Haney Clk to the CouncUl By the houfe of Burgeffes May itt pleafe yo' Hon' A Report being Made . . . [See J. of H. of B., pp. 112-113.] Novemr ift 1697 Prefen' M ~\ICHD LEE, Wm Byrd, Chr Wormley, Edward Hill, Edm' Jenings, Rich* Jn'fon, f^ Ch Scarburgh, Jn" Lightfoot Efq" -*• »¦ the booke of Claiemes being this day read & Confid'ed, Ord'd that the Clerk of the Gen" Affembly doe Carry the foUowing Meffage & the Booke of Claimes with ye Amendments to the houfe of Burgeffes. By fhe Councill Mr Speaker & Gen' of the houfe of Burgeffes The CouncUl haveing Confid'd [See J. of H. of B., pp. 114-115.] Nor 2d 1697 Prefen' "T\ICHD LEE, Wm Byrd, Chr Wormley, Edward Hill, Edm" Jenings, Rich* r^ Jn'fon, Chr Scarburgh, Jn' Lightfoot Efq" -»¦ V. A Meffage from the houfe of Burgeffes by Cap' Michaell Sherman &c w'h the booke of Claimes the Amendments Additions being agreed to by the houfe the booke of Claimes returnd to the houfe by Cap' Sherman &c. Affented to by the CouncUl Signd by Ord' of y6 CouncUl James Sherlock CI Gen" Affembly Novr 3d 1697 P'fen' TT\ICHD LEE, Wm Byrd, Chr Wormley, Edward Hill, Edm' Jenings, Rich* Jn'fon r^ Chr Scarburgh Efq" -**¦ V. Ameffuage from the houfe by Cap' Baffett &c with the booke of proportions Mr Treafurer Byrds Account Ord' of the houfe to m' Treafurer Byrd to pay Severall Sums of Money & a biU for RaUeing a publick Levie The BUl for RaUeing a Publick Levie read and Affented to by the CouncUl Signd by Ord' of the CouncUl James Sherlock CI Gen" Affembly Ord'd (250 ) Ord'd that the Clerk of the Gen" Affembly doe Carry the booke of proportions m' Treafurer Byrds Account and the Ord' of the houfe & the bill for RaUeing a publick Levie to the houfe of Burgeffes Affented to by the Councill Signed by Ord' of the CouncUl James Sherlock CI Gen" Affembly A meffuage from the houfe by Cap' Leigh &c Acquainting his Exy that the houfe had Nothing more lay before them only waite his Exya Comands Gen11 Court houfe P'fent HIS Excellency, Rich* Lee, Will Byrd, Chr Wormley, Edward Hill, Edm" Jenings, Richd Jn'fon, Char Scarburgh Efq" Ord'd that the CI of the Gen" Affembly doe Signifie his Exy8 Comands to the houfe of Burgeffes Imediately to Attend him in the Gen" Court houfe to pafs y Bill for raUeing a publick Levie, The hous Attend the CI of the houfe of Burgeffes read y Bill for Raifeing a publick Levie his Exy was pleafed to Sign the Same and then the Speaker, His Exy then diffolved the Gen" Affembly. James Sherlock CI Gen" Affmy ATT A GENERALL ASSEMBLY begun at James City the 28th day of September in the tenth yeare ofthe Reign of our Soveraign Lord William the third by the Grace of God of England Scotland france Ireland &c King Defender of ye fFaith Annoq3 Dom. 1698 [From the Public Record Office, London, Colonial Office, Clafs 5, Vol. 14". PP- 60-65.] Att Generall Affembly begun at James City the 28th day of September in the tenth yeare of the Reign of our Soveraign Lord William the third by the Grace of God of England Scotland france Ireland &c King Defender of ye fFaith Annoq3 Dom. 1698 [September the 28th 1698.] Prefent HIS Excy S' Edm* Andros Kn' Governo' &c, M' Audito' Byrd, Coll° Edw* Hill, Coll° Edmd Jenings, John Lightfoot Efq' His Excy was pleafed to ComUfionate Coll° Wm Byrd CoU° Edw* Hill & CoU° Edmund Jenings or any two of them to adminUter ye Oathes appomted to be taken in Stead of y Oathes of Allegiance & Supremacy the teft & the Oath of a Burgefs to the Burgeffes Elected & returned to Serve in the Gen" Affembly. And LikewUe ComUfionated the fd perfons to AdminUter y6 fd Oathes appointed to be taken in Stead of the oathes of Allegiance & Supremacy the teft & the oath of Clerk, of the Houfe of Burgeffes unto Peter Beverley Gentleman. In the Gen11 Courthoufe Septembr 2911 1698 Prefent HIS ExceUency, WiUiam Byrd, Edward Hill, Edmd Jenings, John Lightfoot Efq" His Excy Ordered m' Thacker to go up to y Houfe of Burgeffes and Acquaint them that he Comands their Immediate attendance upon him in the GeneraU Courthoufe and they being come down, Ordered them to return to their houfe & make Choyce of a Speaker. September ye 3 o1}1 1698. Prefent HIS Excellency, Wm Byrd, Edward Hill, Edm* Jenings, John Lightfoot Efq" M' Robert Carter 8c Severall of y members of the Houfe of Burgeffes waited on his Excy to acquaint him that in obedience to his Excys Comands the Houfe of Burgeffes had made Choyce of their Speaker & defired to know when they Should wait on his Excy to prefent him. Ordered that m' Thacker go to the Houfe of Burgeffes & acquaint them that his Excy Comands their immediate attendance upon him in the Gen" Courthoufe. And accordingly the Houfe of Burgeffes attended his Excy in the Gen" Courthoufe, and Cap' WiUiam Randolph Acquainted his Excy that the Houfe of Burgeffes had made Choyce of him for their Speaker and haveing made a Speech DUableing himfelfe was Confirmed by his Excy, and then prayed that what privUedges that houfe have ufually had or ought to Enjoy might be Continued & Confirmed to them which his Excellcy Accordingly Granted and was pleafed to make the following Speech. Gentlemen Great Complaints [See J. of H. of B., 1695-1702, p. 121.] In (254) In the Gen11 Courthoufe ye 6th of October 1698. Prefent HIS Excellency, Richard Lee, William Byrd, Edward Hill, Edm* Jenings, John Lightfoot Efq" Ordered, that Cap' ffrancis Clements go to the Houfe of Burgeffes & acquaint them that his Excy Comands then- Immediate Attendance upon him in the Gen" Court houfe. and they being accordingly come down, his Excy was pleafed to acquaint them that haveing had frequent AffembUes moft of them here knew how defireous he has been for Improveing thofe oppertunities for his Maj"63 & this Countrys Service, and that he is now Concerned at the occafion on account of an act of ParUament to Say that he did Defolve This Gen" Affembly and this Generall Affembly is Defolved. Cop E. Jenings Dep'y Sec*7 AT A GENERALL ASSEMBLY began at James City the twenty Seventh day of Aprill 1699. And in the Eleventh year of the Reigne of our Soveraigne Lord William by the Grace of God of England Scotland, France & Ireland King Defender of the fFaith &c rea [From the Public Record Office, London, Colonial Office, Clafs 5, Vol. 141 1, pp. 66-159.] At a Generall Affembly began at James City the twenty Seventh day of Aprill 1699. And in the Eleventh year of the Reigne of our Soveraigne Lord William by the Grace of God of England Scotland, France & Ireland King Defender of the fFaith &™ [Aprill the 27th 1699.] Prefent HIS Excellency ffrancis Nicholfon Efq' his Maj'y68 Leiv and Governour Gen11 of this his Maj"63 Colony and Dominion of Virginia, Richd Lee, Wm Byrd, Edw* Hill, Edm* Jenings, Rich* Johnfon, John Lightfoot, Math: Page, Benj" Harrifon Efq" His Excellency haveing been pleafed by his Comicon under the Seale of the Colony to Conftitute, Benjamin Harrifon of the County of James City Clerke of the Gen" Affembly, he did Accordingly take the Oaths Appointed by Act of Parliament to be taken inftead of the Oaths of Supremacy and Allegiance and Subfcribed the Teft and the Affociation appointed by Adt of Parliament and did take the Oath of Clerke of the Gen" Affembly and was Ordered to Attend Accordingly. Ordered that the Clerke of the Gen" Affembly doe goe to all Such of the Gentlemen of the Houfe of Burgeffes as are in Town and Comand their Imediate Attendance upon his Excellency and the Councill in the Great Hall ; which (by reafon that the State houfe by an vnhappy Accident was lately burnt down) is the place Appointed for his ExceUency & the Councill to Sitt, in during This Generall Affembly. The Gentlemen of the Houfe of Burgeffes Attend his Excellency and the CouncUl hi the Great Hall, And His ExceUency was pleafed to Acquaint them, that Since the State Houfe of this His Majefty's Colony and Dominion was lately by an vnhappy Accident burnt down, He, by and with the Advice of the Councill had Caufed a Houfe to be fitted up for the Gentlemen, of the Houfe of Burgeffes to fett in, dureing this Generall Affembly, And that he had Comiconated fome Gentlemen of the CouncUl to AdminUter the Oaths, Teft and Affociation unto them who would Show them the place they were to fitt in, but U they Knew of any better and more Convenient Place in aU refpedts for their Reception, His Excellency was weU Satisfyed they fhould Make Choice of it. His Excellency was aUo pleafed to Acquaint the Gentlemen, That he had Comicon ated William Randolph Gentleman to be their Clerke who would Attend them Accord ingly And that he had Appointed the Gentlemen of the Councill to AdminUter the Oaths Teft and Affociation to him. The Councill Adjourn'd till to Morrow Morning ten of the Clock. Friday Aprill the 28th 1699; Prefent HIS Excellency, Rich* Lee, Wm Byrd, Edw* Hill, Edm* Jenings, Rich* Johnfon, John Lightfoot, Math: Page, Benj" Harrifon Efq" A Meffage from the Burgeffes by Coll Ludwell, who Acquaints His ExceUency that the Burgeffes were in the place Appointed for them to fit in and that there was a full Houfe and did waite His Excellency's Comands. Ordered, (258) Ordered. That the Clerke of the Gen" Affembly doe goe to the Houfe of Burgeffes and Comand their Imediate Attendance upon his Excellency in Councill in the Great Hall, The Gentlemen of the HoiUe of Burgeffes being come into the Great Hall, His Excellcy was pleafed to Exprefs his Comands to them in this Manner Gentlemen. I am Glad to fee foe very great an Appearance and of perfons foe well Qualifyed in all Refpedts for the Service both of His Majty and of this His Colony & Dominion and that you have foe many Natives of your own Country Capable of ferving their Country all that I fhall recomend to you at prefent is that you repair to your Houfe and Make Choice of yo' Speaker, and then I Shall Comunicate to you the Severall Matters of Import for his Majtya & this Country's Service for which you are Convened at this Time. The Councill Adjourned till the Afternoon. Poft Meridiem "^HE Houfe of Burgeffes not haveing yet made Choice of their Speaker, The Councill Adjourned till to Morrow Morning ten of the Clock. 1 Saterday Aprill the 29th 1699 Prefent HIS Excellency, Rich* Lee, Wm Byrd, Edwd Hill, Edm* Jenings, Richd Johnfon, John Lightfoot, Math: Page, Benj" Harrifon Efq" His Excellcy haveing Yefterday Comanded the Houfe of Burgeffes to make Choice of a Speaker, which they not haveing yet proceeded to doe, for as much therefore as it is very Chargeable to the Country that the Gen" Affembly fhould Continue long and noe buifnefs for the fervice of his Majty or the Country can be Entred vpon untill a Speaker of the Houfe of Burgeffes be Chofen. Ordered. That the Clerk of the Generall Affembly doe goe to the Houfe of Burgeffes with this following Meffage Gentlemen. His Excellency and the Councill have for thefe Two dayes Expected that you would make Choice of a Speaker, which you not haveing yet done, I am Comanded by his Excellency in Councill to acquaint you that it is for the fervice of his Majefty and this Government that you doe forthwith proceed to make Choice of a Speaker, Therefore his Excellency Comands you in his Maj'ie3 Name that you doe not any more depart from your Houfe till you have made Such Choice, Poft Merediem. A MESSAGE from the Houfe of Burgeffes by m' Leigh who Acquaints his Excel lency that in Obedience to his Comands they put the Queftion in the Houfe between two Gentlemen of their Houfe who ftood Candidates for Speaker, and the votes were Equall being twenty on Each fide, And this afternoon they had again put the Same Queftion and were Equally devided as before, therefore they could not Chofe a Speaker till the reft of the Members of their Houfe came to Town. Ordered that the Clerk of the Generall Affembly doe goe to the Houfe of Burgeffes and Comand their Imediate Attendance upon his Excellency in Councill in the Great Hall. The (259 ) The Burgeffes Attending, his Excellency was pleafed to Exprefs himfelf in Manner following. Gentlemen I am Sorry you have Spent foe much time and Cannot agree vpon a Speaker, but Since it hath foe happened, I defire your Company on Monday Next at the CoUedge of William and Mary in Virginia, and recomend it to you to Adjourne Accordingly The Councill Adjourned till Tuefday Morning ten of the Clock. Tuefday May the 2d 1699 Prefent HIS Excellency, Richd Lee, Wm Bird, Edwd Hill, Edm* Jenings, Rich* Johnfon, John Lightfoot, Math: Page, Benj" Harrifon Efq" A Meffage from the Burgeffes by m' Cary. May it pleafe yo' Excellency. I am Comanded by the Houfe of Burgeffes to Acquaint yo' Excellency that they have proceeded to the Choice of a Speaker and they pray that yo' Excellency wiU be pleafed to Appoint a time when they fhall prefent him. Ordered That the Clerk of the Gen" Affembly doe goe to the Houfe of Burgeffes & Comand their Imediate Attendance vpon his Excellcy in Councill in the Great Hall.> The Burgeffes Attend his Excellency and Prefent Robert Carter of the County of Lancafter Efq' as their Speaker who is Approved and Confirmed by his Excellency. Then m' Speaker in behalf of the Houfe of Burgeffes and of all the Cohionalty of Virginia did pray that they might Injoy their Ancient PrivUedges of ffree Accefs to his Excellency at fuch times as he fhould be pleafed to Appoint, freedome of Debate in their HoiUe, and the PrivUedge of the Members, their Servants & Goods being free from Arrefts; which were all Granted. Then his Excellcy was pleafed to make the ffoUowing Speech. Honourable Gentlemen. Before I fpeake [See J. of H. of B., p. 135.] The CouncUl Adjourned till to Morrow Morning ten of the Clock Wednefday May ye 3d 1699 Prefent HIS Excellency, Rich* Lee, Edw* Hill, Rich* Johnfon, John Lightfoot, Mafhew Page, Benj" Harrifon Efq" A Meffage from the Burgeffes by m' Cary &ca May it pleafe yo' Excellency. We waite vpon yo' Excellcy by Comand of the Houfe of Burgeffes, to pray that yor Excellcy wUl pleafe to favour them with a Copy of yo' Speech to them — at the Opening this Seffion of the Gen" Affembly. Ordered That the Clerk of the Gen" Affembly doe Carry a Coppy of his Excellcy8 Speech to the Houfe of Burgeffes. The CouncUl Adjourned tUl to Morrow Morning ten of the Clock Thurfday May ye 4th 1699 Prefent HIS ExceUency, Rich* Lee, Wm Byrd, Edw* Hill, Rich* Johnfon, Char: Scarburgh, John Lightfoot, Math: Page, Benj" Harrifon Efq" The Grievances of the Inhabitants of the vpper parts of Yorke County being read, Ordered That the Confideracon thereof be refferred to the Houfe of Burgeffes. The (260) The Peticon of Some of the Inhabitants of Wilmington and Walingford parifhes being read, reprefenting the inconvenient Scituacon & Devifion of their parifhes, 8c praying that they may be taken into James City parifh. Ordered That the Confideracon of the Said Peticon be referred to the Houfe of Burgeffes and that it be recomended to them to Confider of and Provide for the more Convenient and Equall Regulacon & Devifion of the Other Countyes & Parifhes within this Dominion. A Meffage from the Burgeffes by Cap' Duke May it pleafe yo' Excellcy I am Comanded by the Houfe of Burgeffes to pray yo' Excellcy that a New writt may Iffue for the Eleccon of a Burgefs for Henrico County inftead of Cap' Wm Randolph the Prefent Clerk of our Houfe. A Meffage from the Burgeffes by m' Corbin. May it pleafe yo' Excellcy I am Comanded by the Houfe of Burgeffes to pray yo' Excellcy that a New Writt may Iffue for the Eleccon of a Burgefs for Stafford County inftead of m' John Waugh. A Comittee to Confider & Setle the DUputes and Controverfies concerning Claimes & Titles to Lands in Pamunky Neck and on the South fide of the Black Water Swamp Rich* Lee, Will"1 Byrd & Char: Scarburgh Efq" Ordered — That the Clerke of the Generall Affembly doe Carry the following Meffage in writing to the Houfe of Burgeffes. Whereas Severall Controverfies [See J. of H. of B., p. 143.] A Meffage from the Burgeffes by m' Robinfon May it pleafe yo' Excellcy I am Comanded by the Houfe of Burgeffes to pray yo' Excellcy that a New Writt may Iffue for the Eleccon of a Burgefs for Nanfemund County inftead of m' Thomas Godwin who was unduely returned. The Councill Adjourned till to Morrow Morning ten of the Clock. Friday ye 5th oi May 1699. Prefent HIS Excellcy, Richard Lee, WiUiam Byrd, Edward Hill, Rich* Johnfon, Charles Scarburgh, John Lightfoot, Benj" Harrifon Efq" A Meffage from the Burgeffes by mr Buckner May it pleafe yo' Excellcy I am Comanded by the Houfe of Burgeffes to waite vpon yo' Excellency to returne their humble thanks for yo' laft Meffage to them concerning the Settlement of Titles to lands in Pamunky neck and on the South fide of the black water Swamp, to Acquaint yo' Excellcy that they have Appointed Six Members of their Houfe, not concerned in Intereft to be joyned with the Comittee of the Councill for the fetling of thofe Titles. The Councill Adjourned tUl Monday Morning ten of the Clock. Monday May the 8th 1699 Prefent HIS Excellency, Edmond Jenings, Richard Johnfon, Charles Scarburgh, John Lightfoot Efq" The Peticon of the Inhabitants of Norfolk County being read and th6 it doth not Appear to be prefented in the County Court According to Law, Yet Neverthelefs the Confideracon thereof is referred to the Houfe of Burgeffes, And it is alfo recomended to them to propofe Some EffedtuaU Methods to prevent practices of the like Nature, for the future. The (261) The Grievances of the Inhabitants of Charles City County read & Referred to the Confideracon of the Houfe of Burgeffes. The Peticon of Sundry the Inhabitants of Norfolk County read & referred to the Confideracon of the Houfe of Burgeffes. Ordered. That the Clerk of the Gen" Affembly doe Carry all papers Concerning the Rangers, Indians & their trade to the Houfe of Burgeffes. The CouncUl Adjourned tUl to Morrow Morning ten of the Clock. Tuefday May ye 9th 1699. Prefent HIS Excellcy, WiUiam Byrd, Edw* Hill, Edmond Jenings, Rich* Johnfon, Cha: Scarburgh, Jn" Lightfoot, Math Page, Benj" Harrifon Efq" The Peticon of Dionifius Wright praying to be Admitted Clerk to the Joynt Comittee of the Councill & Burgeffes Appointed to Confider, and Settle the DUputes and Controverfies concerning Claimes and Titles to land in Pamunky neck & on the South fide of Black water Swamp was read, and the faid Wright being Efteemed a Capable perfon for that Service the faid Peticon is referred to the Burgeffes for their Approbacon of him. Ordered That the Complaints of the Queen of Pamunky and the feverall other Nations of Indians be referred to the Confideracon of the Comittee Appointed to Confider and Settle the DUputes and Controverfies Concerning Claimes & Titles to land in Pamunky Neck & on the South fide of the blackwater Swamp and that they doe report their Opinion therevpon. The Councill Adjourned till to Morrow Morning ten of the Clock Wednesday May ye 10th 1699. Prefent HIS Excellency, Rich* Lee, Wm Byrd, Edw* Hill, Edm* Jenings, Rich* Johnfon, Cha: Scarburgh, John Lightfoot, Math: Page, Benja Harrifon Efq" Whereas there are many Matters now lying and hereafter to be laid before the Houfe of Burgeffes which are of great Moment, and likely to take vp a great deale of time, His Excellcy propofed the Recorhending the Revifeall of the Lawes to the Houfe of Burgeffes, which RevUeall would Anfwer the Intent of many things now laid before them, and the Other buUnefs which is of Abfolute Neceffity to be done at this time may be dUpatched in a Short time. Refolved That It is the Opinion of this board that it is for the Service of his Maj'y and the Intereft of this his Antient and great Colony & Dominion that his ExceUcy doe recomend the RevUeall of the Lawes to the Houfe of Burgeffes and that a Comittee of the CouncUl be Appointed to Joyne with A Convenient Number of the Houfe of Bur geffes to Confider and Agree vpon the moft proper Methods to RevUe the Laws, dureing the Intervalls between the Seffions. A Comittee to Confider of the moft proper Methods for RevUeing the Lawes. Edw* Hill Rich* Johnfon Benjamin Harrifon Edm* Jenings Math. Page Efq" Ordered that the Clerke of the Gen" Affembly doe goe to the Houfe of Burgeffes, And Comand their Imediate Attendance vpon his Excellcy in CouncUl in the Great Hall, M' Speaker and the Houfe of Burgeffes being come into the Great Hall, His ExceUcy was pleafed to make the following Speech to them M' Speaker & Gentlemen of fhe Houfe of Burgeffes There are already [See J. of H. of B., p. 153.] The Councill Adjourned till ten of the Clock to morrow Morning. Thurfday (262 ) Thurfday May ye i Ith 1699 Prefent HIS Excellency, Rich* Lee, Willm Byrd, Edw* Hill, Edmd Jenings, Rich6 Johnfon, Cha: Scarburgh, John Lightfoot, Math: Page, Benj" Harrifon Efq" The Severall Peticons of Peter Beverly and Robert Beverly, reprefenting their Services in Methodizeing the papers & Records belonging to the Affem bly, Gen" Court & Secretary's Office and lodging of them in their Refpective offices after they had been difordered by the burning of the Statehoufe, And praying that they may be confidered for their Said Services were Read, and the Confideracon thereof referred to the Houfe of Burgeffes. The Peticon of Chichly Corbin Thacker, Clerke of the Secretaryes Office, Setting forth the Number of New writts Iffued for the Elections of Burgeffes and praying allowance for the Same According to law, read & referred to the Houfe of Burgeffes. The peticon of Thomas Davis, praying Allowance for the bringing feverall Indians & their Interpreter over James River, read and referred to the Confideracon of the Houfe of Burgeffes. The Peticon of John Tullit Setting forth the Charge he hath been at in fitting up the Houfe for the Burgeffes to Sit in, purfuant to an Order of his Excellcy in Councill, and praying an Allowance for the Same, read & referred to the Confideracon of the Houfe of Burgeffes. The Peticon of George Ivie 8c others, for the Repeale of the Act of Affembly, Againft Englifh people's Marrying with Negroes Indians or Mullattoes, read, & referred to the Confideracon of the houfe of Burgeffes. The Peticon of Robert Beverly Setting forth that he being late Clerke of the Secre taryes Office did Iffue feverall Corhicons of Oyer and Terminer for the Tryalls of Negro Criminalls purfuant to a late Act of Affembly, for which he had never been paid & praying Allowance for the Same, Read & Referred to the Confideracon of the Houfe of Burgeffes. Whereas by Order of Councill dated Odober the 21th 1698, it was directed that Peter Beverly & Robert Beverly fhould lift the Records & Papers belonging to the Affembly, Secretaryes Office, & Generall Court, and lodge them in their Severall Offices & returne an Account of their proceedings therein, which they haveing performed & laid their Claime for that Service before this prefent Gen" Affembly. Refolved. That it be recomended to the Gentlemen of the Houfe of Burgeffes to Appoint a Comittee to infpect the faid Offices and view the Said Records & Papers and Examine the Said Account of them, returned as afforefaid. A Meffage from the Burgeffes to the CounciU by nv Leigh, who acquaints their Honour's that the Burgeffes had under their Confideracon the Grievances of Stafford County and Other papers relateing to the Indians, and ^ticularly to the Murders and Other Crimes comitted by the Indian called Squire Tom, and finding the Same to be of great Confequence to this His Majefty's Governm', they thought it not Convenient to proceed therein without a Conference with their Honours, therefore they defire them to agree to a Conference with the Burgeffes, vpon the Subject Matter of this Meffage, & that they will be pleafed to Appoint the time and Place for holding the Said Conference. The Councill Adjourned till ten of the Clock to Morrow Morning. Friday May ye 12th 1699 Prefent HIS Excellency, Rich* Lee, William Byrd, Edw* Hill, Edmond Jenings, Rich6 Johnfon, Char: Scarburgh, John Lightfoot, Math: Page, Benj" Harrifon Efq" Whereas the Comittee Appointed to Confider & fettle the Claimes & Titles to lands in Pamunky neck and on the fouth fide of the black water Swamp, doe report that the Queen of Pamunky hath Complained that feverall Englifh have Encroached vpon the Libertyes of her people, Contrary to the Articles of Peace, and (263) and SeveraU Orders of the Gen" Court, And whereas the faid Comittee doe requeft his Excellency that an Exprefs be difpatched to Caufe two or three of the great men, of the Pamunky Indians and their Interpreter to Attend them as Soon as poffible, to produce the faid Articles of Peace & Orders of Court wherevpon they ground their Complaint — Therefore Ordered. That a Warrant be prepared requireing m' Robert Peafely the Indian Interpreter in New Kent County to Caufe three of the great men of the Pamunky Indians with all poffible Expedition to repair to James Citty to profecute their Said Complaint, and alfo that he the faid Peafeley fhould Appear with them, Refolved That According to the Meffage from the Burgeffes of Yefterday a Con ference be Agreed to vpon the Subject Matter of the faid Meffage, and that the faid Conference be held imediatly in the Great Hall, and Accordingly, Ordered That the Clerk of the Generall Affembly doe goe to the Burgeffes and Acquaint them, that the Members of the Councill Appointed to manage the Said Con ference are ready to Confer with them in the Great Hall, Rich* Lee, William Byrd & Benjamin Harrifon Efq' are Appointed to Manage the faid Conference. A Meffage from the Burgeffes by m' Leigh, that they had Appointed a Comittee of ten Members of their Houfe to be Joyned with the Comittee of the Councill Appointed to Confider the moft proper Methods for RevUeing the Lawes, and that they were Ready to meet for that purpofe at Such time and Place as the Councill fhould appoint, Ordered. That the Clerke of the Generall Affembly doe goe to the Burgeffes & Acquaint them that the Councill, have Appointed Tuefday next in the Roome over the Great HaU for the Meeting of the Comittee to Confider of the moft proper Methods for RevUeing the Laws A Meffage from the Burgeffes by m' Cary who prefents to his Excellcy the following Addrefs. May it pleafe yo' Excellcy Wee his Maj'ye8 [See J. of H. of B., pp. 161-2.] Informacon being given to his Excellcy and the Councill, that the Burgeffes had Adjourned till Monday next. The Councill Adjourned till twelve of the Clock on Monday Next. H Monday May the 15th 1699 Prefent IS Excellcy, Rich* Lee, William Byrd, Edw* Hill, Charles Scarburgh, John Light foot, Mafhew Page Efq" The reft of the Gentlemen of the Councill not being yet come to Town & Nothing being Offerred from the Houfe of Burgeffes. The Councill Adjourned tUl to Morrow morning ten of the Clock. Tuefday May the 16th 1699 Prefent HIS Excellcy, Edw* Hill, Edm* Jenings, John Lightfoot, Mathew Page, Benj" Harrifon Efq" Whereas Richard Johnfon Efq' is Appointed one of the Comittee to Con fider of the moft proper Methods, for Revifeing the Lawes and at prefent he is not in Town Therefore. Ordered That John Lightfoot Efq' be Added to the faid Comittee inftead of the Said Johnfon, untill he fhall come to Towne, Prefent Rich* Lee, Wm Byrd, Charles Scarburgh Efq" The peticon of William Broadrib 8c Edward Travis, Church Wardens of James City parifh, pray that the Gen" Affembly would Contribute towards the paying for the Steeple (264) Steeple of their Church, and towards the Repairing of the Church Read, and the Con fideration thereof referred to the Houfe of Burgeffes. Richard Lee Efq' from the Conference with the Burgeffes had reprefented the great damage that the Englifh had Suff erred by the Indian Called Squire Tom, and that he is harboured by the Pifcatoway Indians therefore they defired that the Councill will propofe fome method to bring the faid Indian to Juftice for the Severall Crimes whereof he is Guilty. The Councill Adjourned till to Morrow Morning ten of the Clock. Wedn'sday May ye 17th 1699. Prefent HIS Excellency, Rich* Lee, Wm Byrd, Edw* Hill, Edm* Jenings, Cha: Scarburgh, John Lightfoot, Math: Page, Benj" Harrifon Efq" The Giveing an Anfwer to the Burgeffes vpon the Subject Matter of the laft Conference, with them, is referred for further Confideration. Then the Councill tooke into their Confideracon the Appointing of Certaine of their Members to be joyned with a Comittee of the Burgeffes for the Revifeall of the Lawes, wherevpon Richard Lee Efq' defired that he might be Excufed from Attending vpon that Service, by reafon that his habitation is foe very far diftant from James City, and over two great Rivers ; — and Charles Scarburgh Efq' alfo defired to be Excufed for that (his habitacon lying on the Eaf tfide of the Great bay of Chifopeake) he could not poffibly Attend, And for as much as WiUiam Byrd Efq' is his Majty6S Auditor Gen" of the Revenues, and Edmond Jenings Efq' hath at prefent the Charge of the Secretary's Office, and therefore they wUl be Obleiged to Attend thofe SeveraU Offices and cannot weU be vpon the faid RevUeall, they are alfo Excufed from that Service; the Members Appointed for the Said Comittee are Edw* Hill Efq' Mathew Page Efq' & Benj" Harrifon Efq' The Councill Adjourned till to Morrow Morning ten of the Clock. Thurfday May ye 18th 1699. Prefent HIS Excellcy, Rich* Lee, Wm Byrd, Edw* Hill, Edm* Jenings, Cha: Scarburgh, John Lightfoot, Math. Page, Benj" Harrifon Efq" His Excellcy laid before the Councill the Anfwer he Intended to make in Writeing to the Addrefs of the Houfe of Burgeffes which they had prefented to him; which (Anfwer) was read in thefe words. M' Speaker & Gentlemen of fhe Houfe of Burgeffes. From fome of the [See J. of H. of B., pp. 166-7.] A Meffage from the Burgeffes by m' Cuftis to the CounciU, who Acquaints their Honours that vpon debate their houfe had refolved that the ftate houfe be buUt at the Middle plantacon to which they defire their Honours Concurrence. Edward Hill Efq' from the Comittee to Confider of the moft proper Methods for RevUeing the Lawes Reports that they had come to Certain Refolucons, which were read, and Ordered that they lye upon the Table. An Engroffed bill from the Burgeffes Intituled a Bill for the more EffedtuaU fup- preffing, of Blafphemy, Swearing Curfing Drunkenefs and Sabbath breaking, was by m' Taylor brought to the Councill for their Honours Concurrence. Ordered That the Said Bill be read the firft tune tomorrow Morning. An Engroffed Bill from the Burgeffes Intituled a Bill for Prevention of Undue Elections of Burgeffes was by m' Taylor brought to the CouncUl for their Concurrence. Ordered that the faid Bill fhall be read the firft time to morrow Morning. The CounciU Adjourned till ten of the Clock to morrow morning. — Friday (265) Friday May ye 19th 1699. Prefent "JT\ICHD LEE, Edw* Hill, Edm* Jenings, Cha: Scarburgh, John Lightfoot, Math: r^ Page, Benj" Harrifon Efq" -*• ^- An Engroffed bill from the Burgeffes Intituled a bUl for the more Effedt uaU Suppreffing of Blafphemy, Swearing Curfeing Drunkefiefs and Sabbath breaking, read the firft time, & Ordered a Second reading. An Engroffed bill from the Burgeffes Intituled a bill for prevention of undue Eleccons of Burgeffes, read the firft time, and Ordered a Second reading, The Councill haveing taken into their Confideracon the laft written Meffage from the Burgeffes, Acquainting their Honours that the Houfe upon debate had refolved that the Statehoufe be built at the Middle plantacon, to which they defired their Honours Concurrence, Refolved Nemine Contradicente that the Councill doe Concurr with the faid Refolucon Of the Burgeffes & Accordingly Ordered That the Clerk of the Generall Affembly doe goe to the Houfe of Burgeffes and Acquaint them therewith. The CounciU Adjourned tUl ten of the Clock to Morrow Morning — Saterday May ye 20th 1699 Prefent ~T\ICHD LEE, Edw* Hill, Edm* Jenings, Cha: Scarburgh, John Lightfoot, Math: r\ Page, Benj" Harrifon Efq'8 JL V. An Engroffed bUl from the Burgeffes Intituled A bUl for the more Effedt uaU Suppreffing of Blafphemy Swearing, Curfeing Drunkefiefs & Sabbath breakeing, read the Second time, & Comitted for Amendm'8 to Rich* Lee and Charles Scarburgh Efq" An Engroffed bill from the Burgeffes Intituled a bill for Prevention of Undue Elections Of Burgeffes read the Second time, and Comitted for Amendments to Rich* Lee & Charles Scarburgh Efq" The CouncUl Adjourned till Monday Morning ten of the Clock. Monday May ye 22th 1699. Prefent "T\ICHD LEE, Edw* Hill, Edm* Jenings, Cha: Scarburgh, Math: Page, Benj' jr^ Harrifon Efq" ¦X. V An Engroffed bill from the Burgeffes by m' Wilfon, A bill for Reftraining & PunUhing Pirats and Privateers, read the firft tune, and Ordered a Second reading. — An Engroffed bill from the Burgeffes by m' Wilfon, Intituled, a bill prohibitting the Exportacon of Corne, Wheat, Meal or Bifcuit till the twenty fifth day of December 1700, read the firft time, and Ordered a Second reading. An Engroffed bill from the Burgeffes by m' Wilfon, Intituled, a bill to prevent the Difcontinuance of Courts & procefs, read the firft time, & Ordered a Second reading An Engroffed bill from the Burgeffes by m' Wilfon, Intituled, a biU prohibitting the Vnfeafonable Killing of Deer, read the firft time, and Ordered a Second reading An Engroffed bill from the Burgeffes by m' Wilfon, Intituled, a bill for Regulateing of Juries, read the firft time, & Ordered a Second reading, J An (266) An Engroffed bill from the Burgeffes by m' Wilfon, Intituled, a Bill for the Punifh ment of Slaves for the firft and Second Offence of Hog-ftealing, read the firft tune, & Ordered a Second reading; An Engroffed bill from the Burgeffes by m' Wilfon, Intituled a Bill reftraining the Strikeing & Killing of Whales, read the firft time, and Ordered a Second reading — An Engroffed bill from the Burgeffes by m' Wilfon, Intituled a bill for Afcertaining the rate & value money fhall pafs at, Read the firft time, & Ordered a Second Reading. The Councill Adjourned till Wednefday Morning at ten of the Clock. Wednfday May ye 24th 1699 Prefent W ~\ICHD LEE, Wm Byrd, Edw* Hill, Edm* Jenings, Char. Scarburgh, John Lightfoot, F\ Math: Page, Benj" Harrifon Efq'8 «*- *^» A Meffage from the Burgeffes by m' Taylor May it pleafe yo' Honours The Burgeffes haveing refolved vpon a place for the building of the Statehoufe, & your Honours haveing Concurred with them therein, I am Comanded to Acquaint you that they defire a Conference with your Honours, to Confider of a Modell for the State houfe, and what quantity of land will Neceffarily be required for that purpofe, and alfo what will be the moft proper Methods of Carrying on the Said building, And if it may Stand with Your Honours Conveniency they defire you will pleafe to Conferr with them herevpon, this Afternoon, or as Soon as yo' Other Affairs will permitt. Refolved. That an Imediate Conference be held with the Burgeffes in the Great Hall vpon the Subject Matter of the laft Meffage, Managers Appointed for the Said Conference, Richard Lee, William Byrd, Charles Scarburgh Efq" And Accordingly OrderedThat the Clerk of the Generall Affembly doe goe to the Houfe of Burgeffes, and Acquaint them that the Councill (according to their defire) doe Agree to an Imediate Conference with them in the Great Hall ; Richard Lee Efq' from the Comittee to whom an Engroffed bill, from the Burgeffes Intituled a bill, ffor the more EffedtuaU Suppreffing of Blafphemy, Swearing Curfing Drunkenefs and Sabbath breaking was Comitted for Amendments, Reports Severall Amendm'8 by them made to the faid Bill, which were Agreed to by the Councill, And the bill being read the third Time with the Amendments. Refolved That the Said Bill with the Amendments is Agreed to by the Councill and Accord ingly, Ordered That the Clerke of the Gen" Affembly doe Carry the Said Bill and the Amendments, to the Burgeffes and Acquaint them, that the Councill have Agreed thereto with Amend ments. Richard Lee Efq' from the Comittee to whom an Engroffed bill from the Burgeffes Entituled a bill, for prevention of Undue Eleccons of Burgeffes, was Comitted for Amend ments, Reports Severall Amendm'8 by them made to the faid Bill which were read 8c Agreed to by the Councill. and The bill being read the third time with the Amendments Refolved That the faid Bill is by the Councill Agreed to, with the Amendm" and Accordingly OrderedThat the Clerk of the Generall Affembly doe Carry the faid BiU and the Amend ments to the Houfe of Burgeffes, and Acquaint them, that the Councill have Agreed thereto with the faid Amendments. An (267) An Engroffed bill from the Burgeffes, Intituled, a bill for Retraining and Punifh ing Pyratts & Privateers, read the Second time, and Ordered a third Reading. An Engroffed bill from the Burgeffes— Intituled, a BiU prohibitting the Exportacon of Corne, Wheat, Meale, or Bifcuit, till the 25th day of December 1700, read the Second tune & Comitted for Amendm'3 to Rich* Lee 8c William Byrd Efq" An Engroffed bill from the Burgeffes, Intituled, a bill to prevent the Difcontinuance of Courts and procefs, read the Second time & Ordered a Third Reading. An Engroffed bill from the Burgeffes, Intituled, a bill prohibitting the Vnfeafonable Killing of deer, read the Second. & Comitted for Amendments to Charles Scarburgh and Benjamin Harrifon Efq" An Engroffed bill from the Burgeffes, Intituled, a bill for Regulateing of Juryes, read the Second tune, & Comitted for Amendments to Charles Scarburgh & Benj" Harrifon Efq" An Engroffed bill from the Burgeffes, Intituled, a bill for the Punifhment of Slaves for the firft & Second Offence of Hog ftealing, read the fecond time & Comitted for Amendments, to Edw* Hill 8c Mathew Page Efq" An Engroffed bill from the Burgeffes, Intituled, a bill reftraining the Striking & Killing of Whales, read the Second time, and Comitted for Amendments, to Rich* Lee 8c Edward Hill Efq" An Engroffed bill from the Burgeffes, Intituled, a bill for the Affcertaining the Rate & value money fhall pafs at, read the Second time, & Comitted for Amendments, to Rich* Lee, William Byrd & Mathew Page Efq" The CouncUl Adjourned till tomorrow Morning ten of the Clock Thurfday May ye 25th 1699 Prefent TT\ICHARD LEE, William Byrd, Edw* Hill, Edm* Jenings, Cha: Scarburgh, John r^ Lightfoot, Math: Page, Benj" Harrifon Efq'3 «•*¦ ^- A Meffage from the Burgeffes by m' Leigh who brought up two Engroffed biUs whereto the Councill had Agreed with Amendm'3 Intituled as foUoweth. A BUl for the more EffedtuaU Suppreffing of Blafphemy Swearing, Curfeing, Drunk- enefs and Sabbath breaking; A bUl for prevention of undue Eleccons of Burgeffes. And Acquaints their Honours that the Houfe of Burgeffes had agreed to Severall of their Honours Amendm'8 to the Said BiUs, and had Amended them Accordingly, but to Some Others of their Honours Amendments, the Houfe could not Agree; therefore they prayed their Honours Concurrence to the faid Bills as they are Amended The Councill Adjourned till to morrow morning ten of the Clock. Friday May ye 26th 1699 Prefent ~T\ICHD LEE, William Byrd, Edw* Hill, Edm* Jenings, Cha: Scarburgh, John /\ Lightfoot, Math: Page, Benj" Harrifon Efq3 -£. V. The Councill Entered uj>on the debate of the Amendments made by the Burgeffes unto two Engroffed Bills, which they did Yefterday Send up to the CounciU, with feverall Rafures and Interlineations in the faid Bills, in thofe places thereof where the Councill had propofed Some Amendments thereto, and Other of the Amend ments to the faid Bill propofed by their Honours were Altered & Some Intirely dUagreed to by the Burgeffes, Which faid Rafures, Amendments, and Interlineations being made (after the faid bill had paffed the Houfe of Burgeffes) 8c without the Affent And Agreement of the Councill. Therefore. Refolved That a Conference be defired with the Burgeffes, upon the Subject Matter of the Said Amendments, and the manner of makeing the Same, and Accordingly. Ordered, (268) Ordered. That the Clerk of the Gen" Affembly doe goe to the Houfe of Burgeffes and defire a Conference therevpon. Managers Appointed for the faid Conference, Edward Hill, Edmond Jenings, Mathew Page Benjamin Harrifon Efq" Richard Lee Efq' from the Comittee appointed to Amend an Engroffed bUl from the Burgeffes, Intituled, A bill reftraining Striking and Killing of Whales, Reports Severall Amendm'3 by them made to the faid Bill, which were read, and the faid Bill being read the third time, RefolvedThat the faid Bill is not Agreed to, By the Councill, they being of Opinion that it doth to nearly Encroach upon his Moft Sacred Majeftyes Royall prerogative. But forafmuch as the Killing of Whales within the Capes of this His Majeftys Colony and Dominion, is by the Houfe of Burgeffes thought, to be prejudiciall to the Inhabitants thereof. Therefore, Ordered, That the Clerke of the Generall Affembly doe goe to the Houfe of Bur geffes, & Acquaint them that the Councill are ready to Joyne in An Addrefs to his Excellency for Reftraining thereof, when Ever they fhaU be defired foe to doe by the Burgeffes. An Engroffed bill from the Burgeffes, Entituled, a bill for Reftraining & punifhing Pyrats & Privateers, read the third time, and Some Amendments being made thereto by the Councill. Refolved That the faid Bill is Agreed to, with Amendments, And Accordingly. Ordered.That the Clerk of the Generall Affembly doe Carry the Said Bill & the Amendments to the Houfe of Burgeffes, and Acquaint them that the Councill have Agreed to the faid bill with the faid Amendments. An Engroffed bill from the Burgeffes Intituled a bill to prevent the dUcontinuance of Courts & Procefs, read the third time, and Some Amendments [made] thereto by the Councill — RefolvedThat the faid bUl is Agreed to with Amendments, & Accordingly OrderedThat the Clerke of the Generall Affembly doe Carry the faid BUl and the Amend ments to the Houfe of Burgeffes and Acquaint them that the Councill have Agreed to the faid Bill, with the faid Amendments. Edward Hill Efq' from the Comittee to whom an Engroffed bUl from the Burgeffes, Intituled, a bill for the punifhment of Slaves for the firft and Second Offence of Hog ftealing, was Comitted for Amendments, Reports SeveraU Amendments by them made to the faid Bill which were read & Agreed to by the CouncUl and the faid BUl, being read the third time with the Amendments. Refolved That the faid BUl is Agreed to by the Councill with the Amendments and Accordingly Ordered That the Clerk of the Gen" Affembly doe Carry the faid BUl with the Amendments to the Houfe of Burgeffes and Acquaint them that the CouncUl have Agreed Thereto, Charles Scarburgh Efq', from the Comittee to whome an Engroffed BUl from the Burgeffes, Intituled, a bUl for Regulateing of Juryes, was Comitted for Amendments, Reports Severall Amendments by them made to the faid BUl, which were read and Agreed to by the CouncUl, and the faid bill with the Amendments being read the third time. Refolved That the faid Bill be Agreed to with the Amendments and Accordingly Ordered That the Clerk of the Gen" Affembly doe Carry the faid BiU with the Amendm'8 to the Houfe of Burgeffes and Acquaint them that the Councill have Agreed thereto. Charles (269) Charles Scarburgh Efq' from the Comittee to whome an Engroffed bill from the Burgeffes, Intituled, a Bill prohibitting the vnfeafonable Killing of Deer was Comitted for Amendments, Reports feverall amendments by them made to the faid BUl which were Read and Agreed to by the CouncUl, And the Said BUl with the Amendments being read the third time, Refolved That the faid Bill be Agreed to with the Amendments, and Accordingly Ordered That the Clerk of the Gen" Affembly doe Carry the faid Bill with the Amendments to the Houfe of Burgeffes and Acquaint them that the Councill have Agreed thereto, A Meffage from the Burgeffes by m' Wilfon who Acquaints their Honours that According to their defire the Houfe had Agreed to a Conference, and had Appointed Eight of their Members to Manage the Said Conference and defires their Honours will be pleafed to Appoint the tune and Place for their Meeting, who Appointed Six of the Clock this Afternoon in the great Hall. The CounciU Adjourned till to Morrow Morning ten of the Clock. H Saterday May ye 27th 1699 Prefent IS Excellency, Rich* Lee, William Byrd, Edw* Hill, Edmond Jenings, Cha: Scarburgh, John Lightfoot, Math: Page, Benj" Harrifon Efq" M' Humphry Higinfon's Propofition of the Manufature of Linnen, Cotton &ca is referred to the Confideracon of the Houfe of Burgeffes. The CouncUl Adjourned till Tuefday Morning ten of the Clock. Tuefday May the 30th 1699. Prefent T\ICHD LEE, Willm Byrd, Edw* Hill, Edmond Jenings, Cha: Scarburgh, John [J Lightfoot, Math Page, Benj" Harrifon Efq" -*¦ ^ A Meffage from the Burgeffes by m' Cary who brought up two Engroffed bUls, whereto the Councill had Agreed, With feverall Amendments, Intituled, A BiU for the more EffedtuaU Suppreffing of Blafphemy, Swearing Curfeing Drunk- ennefs and Sabbath breakeing, A BUl for Prevention of Undue Elections of Burgeffes and Acquaints their Honours that the Burgeffes had Agreed to feverall of their Amendments, and to Others of the faid Amendments they could not Agree, Therefore they pray their Honours Concurrence to the faid BUl as it now is Agreed to, by the Burgeffes without any further Amendments. Refolved That the CounciU doe not Infift upon their Other Amendm'3 Refolved, That the BUl do pafs as it is now Agreed to by the Burgeffes, without any further Amendments, A Meffage from the Burgeffes by m' Cary who brought up feverall Engroffed BUls from the Burgeffes, which they had Agreed to, and defired their Honours Concurrence (viz*) An Ad for laying an Impoficon vpon Servants & Slaves Imported into this Country towards the building the Capitoll. An Ad for leffening the Levy by the Poll and laying an Impoficon upon Liquors for and towards the building of a Capitoll and Other Publick Vfes. An Ad Appointing a Treafurer. An Ad Appointing a Comittee for the Revifeall of the whole body of the Laws in this His Majefty's Colony & Dominion An Ad for Confirming Titles to Town Lands. AU which bills were read the firft time and Ordered a Second reading. The CounciU Adjourned till to morrow morning ten of the Clock. Wedn 'sday (270) Wednsday May ye 31th 1699 Prefent ~T\ICHD LEE, Edw* Hill, Edm* Jenings, Charles Scarburgh, John Lightfoot, #Y Mathew Page, Benj" Harrifon Efq" -*" ^- An Engroffed bill from the Burgeffes, Intituled, An Ad for laying an Impoficon vpon Servants & Slaves imported into this Country towards building the Capitoll, read the Second time, and Ordered to lye vpon the Table for a third Reading An Engroffed Bill from the Burgeffes, Intituled, An Ad for leffening fhe Levy By fhe poll and laying an Impoficon vpon Liquors for and Towards the Building a Capitoll and Other publick Vfes, read the Second time, and Ordered to lye upon the Table for a Third Reading. An Engroffed Bill from the Burgeffes, Intituled, an Ad Appointing a Treafurer, read the Second time, and Ordered to lye upon the Table for a Third Reading; An Engroffed bill from the Burgeffes, Intituled, an Ad Appointing a Comittee for fhe Revifeall of the whole body of the Lawes in this His Majefty's Colony and Dominion, was read the fecond time, and Ordered a third reading. An Engroffed bill from the Burgeffes, Intituled, An Ad for Confirming Titles to Town Lands, was read the fecond, time & Ordered a Third Reading; A Meffage from the Burgeffes by m' Mafon who brought vp the booke of Claimes, and defired their Honours Concurrence thereto. The Councill Adjourned till To morrow Morning ten of the Clock. Thurfday June ye ift 1699 Prefent HIS Excellency, Rich* Lee, William Byrd, Edw* Hill, Edm* Jenings, Cha: Scar burgh, John Lightfoot, Mathew Page, Benj" Harrifon Efq" The Booke of Publick Claimes Sent from the Houfe of Burgeffes, read over, and Agreed to with an Amendment Ordered That the Clerke of the Gen" Affembly doe Carry the faid Book of Claimes, to the Houfe of Burgeffes, and Acquaint them that the CouncUl have Agreed thereto with an Amendment, to which, their Honours defire the Concurrence of the Houfe. Richard Lee Efq' from the Comittee to whome an Engroffed bill from the Burgeffes, Entituled, a Bill prohibitting the Exportacon of Corne, Wheat, Meale or BUcuit tiU the 25th day of December 1700, was Comitted for Amendments, Reported feverall Amend ments by them made to the Said Bill, which were read, and Agreed to by the CounciU, and the faid Bill with the Amendments being read the third Time; Refolved That the faid Bill & Amendments be Agreed to, Ordered, That the Clerk of the Gen" Affembly, doe Carry the BUl and the Amend ments to the Burgeffes and defire their Concurrence thereunto, Richd Lee Efq' from the Comittee to whom an Engroffed bill from the Burgeffes, Intituled, a bill for Afcertaining the rate and Value money fhall pafs at, was Comitted for Amendments, Reported certain Amendments by them made to the faid BUl, which were Read, And the Councill Entered upon the Confideracon and debate of the faid BUl, the Subject Matter whereof being of very great Importance to this His Majeftys Colony & Dominion, 8c the Afcertaining the Standard and Value of Coin in all Nations & Country's being alwayes Efteemed as the greateft and moft Intricate Difficultyes of their States & Governments, and Requireing the moft deliberate Confideracon and the beft Advice & Affiftance that can poffibly be procured, therefore they Are of Opinion that it may be better and more Advantageoufly performed by the Comittee Appointed for the Revifeall of the Lawes, whereupon; Refolved That the faid bill is not Agreed to ; Refolved (271 ) Refolved That an Inftruccon be given to the Comittee Appointed for the RevUeall of the Lawes, that they Confider of the Safeft, beft, and moft Expedient, Advantageous, & EquaU wayes, and Means for the Makeing of money more Currant and paffable in this His Majefty's Colony and Dominion, and prepare a bill Accordingly OrderedThat the Clerk of the Gen" Affembly, doe goe to the Houfe of Burgeffes, and Comand their Imediate Attendance vpon his Excellency in Councill in the Great Hall. The Burgeffes being come into the Great Hall His Excellcy delivered to the Speaker, Some of his Majeftyes Royall Inftruccons to him, relateing to the Collectors & NavaU Officers and the Trade of this his Maj'y8 Colony & Dominion, And Since by the Said Inftruccons his Maj'y had been pleafed to Comand him to put thofe Different Offices into the Charge of Severall perfons which before were ufually Comitted to me, He recomended it to the Houfe of Burgeffes, that they would Afcertain Such reafonable ffees as they fhall think Neceffary to be taken by the Said Officers, and that they prepare a bill to pafs this Seffion Accordingly. Then His Excellcy was pleafed to Exprefs himfelf as foUoweth , M' Speaker & Gentlemen of the Houfe cf Burgeffes From Some of the worthy [See J. of H. of B., p. 190.] A Meffage from the Burgeffes by M' Cary that they pray his Excellency will be pleafed to SignUy his Comands, relateing to the buifnefs of Nanfemund, unto them in Writeing. OrderedThat the Clerke of the Gen" Affembly doe Carry to the Burgeffes a True Copy of his Excellcy8 Speech to them relateing to the BuUnefs of Nanfemund. The CouncUl Adjourned till to Morrow Morning Ten of the Clock. Friday June ye 2d 1699 Prefent HIS Excellency, Rich* Lee, Wm Byrd, Edw* Hill, Edm* Jenings, Cha: Scarburgh, John Lightfoot, Math Page, Benj" Harrifon Efq" An Engroffed biU from the Burgeffes Intituled An Ad Appointing A Comittee for fhe Revifeall of the whole body of the Laws in this his Maj'ys Colony & Dominion, was read the third time, and Some Amendments made thereto by the CouncUl. RefolvedThat the Said BUl with the Amendments be Agreed to, An Engroffed bill from the Burgeffes, Intituled, An Ad for Confirmeing Titles to Town lands, was read the Third time, and Severall Amendments made thereto by the Councill; RefolvedThat the faid Bill with the Amendments is Agreed to, A Meffage in Writeing by m' Cary from the Houfe of Burgeffes, to his Excellcy as foUowethMay it pleafe yo' Excellcy Yo' Excellcy haveing been pleafed . ... [See J. of H. of B., p. 190.] OrderedThat the Clerk of the Gen" Affembly doe Carry the foUowing bills to the Houfe of Burgeffes, and Acquaint them that the Councill have Agreed to the Same, with Some Amendments, to which Amendments their Honours defire their Concurrence to Witt. An Ad Appointing a Comittee for the Revifeall of the whole body of the Lawes in this his Maj'"3 Colony & Dominion, An Ad for Confirmeing Titles to Town lands. Rich* (272 ) Rich* Lee Efq' from the Comittee Appointed to Confider & Settle the DUputes & Controverfies Concerning Claimes & Titles to Lands in Pamunky Neck, and on the Southfide of the Black water Swamp, Reported Severall Refolucons that the Said Comittee had Agreed upon, which were read, & Agreed to by the Councill and, OrderedThat the Clerke of the Gen" Affembly doe Carry the Said report to the Houfe of Burgeffes 8c defire their Concurrence thereunto. The Councill Entred into Debate vpon the Subject Matter of the Conferrence with the Burgeffes, concerning Severall Offences & Crimes, Comitted by the Indian Called Squire Tom, and forafmuch as it is not Certainly known where the Said Indian is to be found, or whether he is within this Governm' or not; And by the Informacon of the perfons Appointed to goe to the Pifcatoway Indians to Inquire for the faid Indian Tom, it appears that the faid Pifcatoway Indians are Setled in an Ifland in Potomeck River, About Seventy Miles above any Englifh Inhabitants, and by the Informacon of Such perfons as Inhabitt and are moft Knowing & beft Acquainted with the Affairs of that part of the Country, It is Manifeft that the Iflands in Potowmeck are reputed to belong to the Province of Maryland, therefore the CouncUl are of Opinion, that it is not Con venient to fend to the Pifcatoway Indians to demand the Said Indian Tom, (efpecially Since it is not certainly Apparent that he is harboured by them), but forafmuch as it is of great Import to the peace & Quiet of this his Majefty's Government that the faid Indian be brought to Condigne punifhment for thofe Notorious Crimes whereof he is Guilty Refolved That it is for the Service of his Majty & of this his Colony & Dominion that a procla macon requireing all perfons whatfoever to apprehend the faid Indian Tom, U he fhall at any tune be found within this Government, and the better to Encourage aU perfons to doe their duty herein, that a Reward of ten pound Ster. be given unto any fuch perfon or perfons Chriftians or Heathens as Shall Apprehend the Said Indian Tom, and bring him or Caufe him to be brought before any of his Maj"68 Juftices of the peace in this his Colony and Dominion that he may be proceeded againft According to Law and, OrderedThat a proclamacon be prepared Accordingly RefolvedThat it is for the Service of his Majty & of this his Colony and Dominion, that Intimacon of the Notorious Crimes Comitted by the faid Indian Tom, be given to his Majeftyes Cap' Generall and Govern' in CheUe of his Province of Maryland, and that he be requefted and defired to take Such Lawfull Methods, as to him fhaU be thought requifite for the Apprehending of the Said Indian Tom, if he is or Shall be within that Government and U he fhaU be found there, that he may be delivered up to the Governm' of this His Maj"68 Colony & Dominion, in Order to his being brought to Juftice, and PunUhed According to the Demerits of his Crimes. A Meffage from the Burgeffes by m' Mafon that they had agreed to the Amendments propofed by the Councill to the book of publick Claimes and to the foUowing bills to Witt. An Ad appointing a Comittee for the Revifeall of fhe whole body of fhe Lawes in this his Majeftyes Colony and Dominion, An Ad Confirmeing Titles to Town lands, and that they have amended them Accord ingly. His Excellcy haveing received an Addrefs from the Burgeffes by mr Cuftis was pleafed to Comunicate the Same to the Councill which is in thefe words To His Excellcy Francis NichoUon Efq' his Majeftyes L* & Govern' Gen" of Virginia The humble Addrefs of fhe Houfe of Burgeffes May it pleafe yo' Excellcy Wee His Maj'y63 moft Loyall [See J. of H. of B., pp. 186-189.] The CounciU Adjourned till to Morrow Morning ten of the Clock. Saturday (273) Saturday June ye 3d 1699 Prefent T^ICHARD LEE, William Byrd, Edward Hill, Edm* Jenings, Cha: Scarburgh, #*Y Math: Page, Benj" Harrifon Efq" ••*• V A Meffage from the Burgeffes by Mr Wilfon that they had Agreed to an Engroffed BUl Intituled An Ad for Confirmeing titles to Town Lands — with the Amendments thereto propofed by the CouncUl The CouncUl Adjourned tUl Monday Morning ten of the Clock. Monday June yf 5t.h 1699. Prefent HIS ExceUency, Rich* Lee, Willm Byrd, Edw* Hill, Cha: Scarburgh, Math: Page, Benj" Harrifon Efq" His ExceUcy was pleafed to Comunicate to the CouncUl an Addrefs he had received from the Houfe of Burgeffes by M' Leigh which was read in thefe Words to Witt. To his Excellcy Francis NichoUon Efq' his Maj'"3 Leiu' & Govern' Gen" of Virginia. May it pleafe yo' Excellcy The Houfe of Burgeffes [See J. of H. of B., p. 193.] Whereupon Ordered, That m' Attorney Generall doe profecute the Said Maj' Thomas Godwin & Andrew Rofs as the Law directs Poft Merediem. PRESENT as afore & John Lightfoot Efq' A Meffage from the Burgeffes by m' Harrifon that they doe Concurr with the CouncUl, in their Agreeing to the Report of the Comittee, Appointed to Confider & Settle dUputes & Controverfies concerning Claimes & Titles to Lands in Pamunky Neck and on the South fide of black water Swamp. The CouncUl Adjourned tUl to morrow Morning ten of the Clock. Tuefday June ye 6th 1699. Prefent HIS ExceUency, Rich* Lee, Edw* Hill, Cha: Scarburgh, John Lightfoot, Math: Page, Benj" Harrifon Efq" A Meffage from the Burgeffes by m' Cuftis that they had agreed upon an Addrefs to his Excellcy for reftraining the Striking and Killing of whales within the Capes of Virginia to which they defired their Honours Concurrence which being read, & Some Amendments being propofed thereto, that the Same may be dUpatched with the greater Expedition Ordered that the Clerk of the Gen" Affembly doe goe to the Houfe of Burgeffes and defire them to Appoint two of their Members to be joyned with one of the CouncUl to prepare the faid addrefs— Charles Scarburgh Efq' is Accordingly Appointed to be Joyned with the Said Two Members of the Houfe of Burgeffes to Agree upon the Said Addrefs. A Meffage from the Burgeffes by Coll Ludwell that they had Agreed to the following bUls whereto they defired their Honours Concurrence (to Wit) An Ad direding the building the Capitoll and fhe City of Williamfburgh &c° An Ad Afcertaining Colledors and NavaU Officers ffees. An Ad for raifing a Publick Levy which Said BUls were Read the firft tune, and Ordered a Second reading. A (274) A Meffage from the Burgeffes by Coll. Ludwell, that they had Agreed to the pro portions of the publick Claimes to w-h they defired their Honours Concurrence vr=h proportions being read were Agreed to by the Councill An Engroffed bill from the Burgeffes Intituled, an Ad for leffening the Levy by the Poll and laying an Impoficon vpon Liquors for and towards the building the Capitoll, and Other Publick, vfes was read the third time, and Refolved That the faid biU doe pafs. Ordered that the Clerk of the Gen" Affembly doe Carry the Said Bill to the Bur geffes and Acquaint them that the Council have Agreed thereto. An Engroffed bill from the Burgeffes Intituled, an Ad Appointing a Treafurer, being read, and Some Amendments made thereto by the Councill the Bill with the Amendments was read the third time and — Refolved That the Bill with the Amendments doe pafs. Ordered that the Clerk of the Gen" Affembly, doe Carry the bill with the Amend ments to the Houfe of Burgeffes 8c Acquaint them that the CouncUl have Agreed thereto with the Said Amendments whereto their Honours defire their Concurrence. Ordered.That the Clerk of the Generall Affembly doe goe to the Houfe of Burgeffes and Comand their Imediate Attendance upon his ExceUency in Councill in the Great Hall. And Accordingly the Burgeffes Attend his Excellency in Councill who recomends to them the RaUeing more money than they have Already done, and propofes to them that a Greater Impoficon may be laid vpon Servants and Slaves than what they have already agreed vpon. And Affures them that whatfoever money they raife, it Shall be truly Applyed to the ufes whereto it Shall be Appropriated ; His Excellcy aUo recomends to them to draw Such bonds as are proper to be Entred into by the Treafurer, & Receiver of the Virginia dutyes, purfuant to the Acts made this prefent Seffion for thofe purpofes. An Engroffed biU from the Burgeffes Intituled, an Ad for laying an Impoficon vpon Servants & Slaves imported into this Country towards Building fhe Capitoll, was read, and Some Amendm'8 made thereto, by the Councill, the bill was read the third time with the Amendm'8 and Refolved That the Bill doe pafs. OrderedThat the Clerk of the Generall Affembly doe Carry the BUl with the Amendments to the Houfe of Burgeffes, and Acquaint them that the Councill have Agreed thereto, with the faid Amendments, whereto their Honours defire their Concurrence. An Engroffed bUl from the Burgeffes — Intituled, an A d direding fhe building fhe Capitoll and fhe City of Williamfburgh was read the Second time & Ordered to be read the third time, An Engroffed bill from the Burgeffes, Intituled, An Ad Afcertaining Colledors and NavaU Officers ffees, was read the Second time, — and Ordered to be read the third time The Councill Adjourned tUl to — Morrow Morning ten of the Clock — Wednefday June ye 7th 1698 [1699] Prefent HIS Excellency, Rich* Lee, Edw* Hill, Edm* Jenings, Char: Scarburgh, John Lightfoot, Math. Page, Benj" Harrifon Efq" A Meffage from the Burgeffes by m' Leigh That they had Agreed to an Engroffed bill Intituled, an A d for laying an Impoficon upon Servants & Slaves Imported into this Country, towards the building the Capitoll, with the Amendments, thereto, propofed by the Councill and had Amended the bill Accordingly. A (275) A Meffage from the Burgeffes by m' Leigh that they had Agreed to an Engroffed bill, Intituled an Ad Appointing a Treafurer, with all the CounciUs Amendments only in the Claufe propofed by the Councill to be Added to the Said bUl. the Burgeffes had made Some Amendm'3 — whereto they defired their Honours Concurrence; then the BUl & the Amendments together with the Amendments propofed by the Burgeffes — were read & agreed to, and Ordered that the Clerke of the Gen" Affembly doe Carry the faid Bill with the Amendments to the Burgeffes 8c Acquaint them that they had Agreed thereto with the Amendm'8 as the Burgeffes propofed. Ordered That it be given as an Inftruccon to the Comittee Appointed to Revife the whole body of the Laws that they Confider of the moft proper Method of prepareing and Iffueing Comicons for the Officers of the MUitia and all Other Officers, & of the moft Equall way to defray the Charge thereof — An Engroffed bUl from the Burgeffes Intituled an Ad direding the building the Capitoll and the City of WUliamfburgh &c" being read and Some Amendments made thereto by the Councill the bUl with the Amendments was read the third time and, Refolved, that the Bill with the Amendm'8 doe pafs. Ordered, That the Clerk of the Generall Affembly doe Carry the faid Bill with the Amendments to the Houfe of Burgeffes and Acquaint them that the CouncUl, have Agreed thereto with the Said Amendments, whereto their Honours defire their Concur rence. An Engroffed bUl from the Burgeffes Intituled, An Ad Afcertaining Colledors & NavaU Officers ffees, was read the third time, and RefolvedThat the BUl doe pafs. Ordered, That the Clerk of the Gen" Affembly doe Carry the faid bUl to the Burgeffes & Acquaint them that their Honours have agreed thereto without any Amendments. An Engroffed bill from the Burgeffes Intituled an Ad for Raifing a Publick Levy was read the third tune & — Refolved That the BiU doe pafs Ordered That the Clerk of the Generall Affembly doe Carry the faid BUl to the Burgeffes and Acquaint them that their Honours have Agreed thereto, without any Amendment. Ordered That the Clerk of the Generall Affembly doe lay before the Houfe of Bur geffes, the proceedings of the CouncUl, upon an Engroffed biU, Intituled a BUl for Afcertaining the Rate and value of money fhaU pafs at. William Byrd Efq' Prefent The Houfe of Burgeffes haveing Agreed vpon Orders for the paym' of Severall Sumes of money due from the Publick, laid the Same before the CouncUl, which were Accordingly read & Agreed to by the Councill. Ordered: That the Clerk of the Gen" Affembly doe Carry the faid Orders to the Houfe of Burgeffes, & Acquaint them the CouncUl have Agreed thereto A Meffage to his ExceUency from the Burgeffes by M' Cary that they had prepared an humble Addrefs to his Majefty, and defired to Know when they might waite vpon his Excellency to prefent the Same to him, that it may be laid before his Majefty Wherevpon his Excellency Appointed this Afternoon After Evening Prayers Poft Merediem ACCORDING to his Excellencyes Appointm' this day, m' Speaker 8c the Houfe of Burgeffes waited upon his Excellency in Councill, and prefented an Humble Addrefs to his Majefty which they had prepared, and prayed that his Excellcy would be pleafed to vfe his Intereft that the Same might be laid before his moft Sacred Majefty. A (276) A Meffage from the Burgeffes by M' Buckner that [they] had Agreed to an Engroffed bill, Intituled, an Ad direding the building the Capitoll & the City of Williams- burgh &c° with the Amendm'8 thereto propofed by their Honours and had Amended the Bill Accordingly. The Councill Adjourned Till to Morrow Morning ten of the Clock. Thurfday June the 8th 1699. Prefent HIS Excellency, Richard Lee, William Byrd, Edw* Hill, Edm* Jenings, Cha: Scarburgh, John Lightfoot, Math: Page, Benj" Harrifon Efq'8 A Meffage to his Excellcy from the Burgeffes by m' Cary that they had dUpatched Everything that had been recomended to them by his Excellcy this Seffion, that at prefent they had Nothing lying before them to be proceeded upon, and therefore they Waited his Excellencyes further Comands. — Ordered That the Clerk of the Generall Affembly doe goe to the Houfe of Burgeffes and Comand their Imediate Attendance upon his Excellency in Councill in the Great Hall, and that they bring with them All Such Bills as have been Agreed upon this Seffion. Accordingly m' Speaker and the Houfe of Burgeffes being come into the Great Hall, His Excellency caufed the New Seale which his Maj'y had been pleafed to beftow upon this his Colony and Dominion of Virginia to be produced & publicacon was made of the Order for vfeing the Same in all the publick Affairs of the Governm' and that the Other Seale fhould be broken or defaced, And his Excellency in the prefence of the Councill & Burgeffes Affixed the faid new Seale to a proclamacon, which they had agreed to Appointing a Solemn day of thankfgiveing to Almighty God for his great Mercy and bleffings bef towed upon his Majefty's Sacred & Royall perfon & vpon this his Colony and Dominion. Then His Excellency gave his Affent to the ffoUowing Bills to Witt : An Ad for the more Effeduall Suppreffing of Blafphemy, Swearing, Curfeing, Drunk efiefs & Sabbath breaking. An Ad for Prevention of Undue Eleccons of Burgeffes. An Ad to prevent the Dif continuance of Courts & procefs. An Ad for Regulateing of Juries. An Ad for Reftraining & Punifhing of of Pyratts & Privateers An Ad for the Punifhment of Slaves for fhe firft & Second Offence of Hog ftealing. An Ad Appointing a Comittee for the Revifeall of fhe whole body of fhe Lawes of this his Majefty's Colony and Dominion. An Ad prohibitting fhe Exportacon of Indian Corne till the 25th of December 1700. An Ad for Confirming titles to Town Lands. An Ad for Leffning the Levy by fhe Poll and laying an Impoficon upon Liquors for and Towards fhe building a Capitoll and Other publick ufes. An Ad Afcertaining Colledors and NavaU Officers ffees. An Ad direding the building the Capitoll, and the City of WUliamfburgh &C An Ad Appointing a Treafurer. An Ad for Raifeing a publick Levy. Then His Excellency was pleafed to prorogue this GeneraU Affembly till the 9th day of November Next. Examinat: et Concord cum Original Teft: Benja: Harrifon, CI: Gen: Affeml: AT A GENERLL ASSEMBLY begun at his Maj*15 Roy11 College of W™ & Mary adjoyning to ye City of Williamfburgh upon Thurfday the fifth of Decembr. 1 700 and in the twelfth year ofthe Reigne of our Sovereigne Lord William the third by the Grace of God of England Scotland ffrance & Ireland and Virginia King Defend1; of ye fFaith et? [From the Public Record Office, London, Colonial Office, Clafs 5, Vol. 1409, pp. 309-341.] At a Gener!1 Affembly begun at his Mapf Roy!1 College of W™ & Mary adjoyning to ye City of Williamfburgh upon Thurfday the fifth of Decembr 1 700 and in the twelfth year of the Reigne of our Sovereigne Lord William the third by the Grace of God of England Scotland ffrance & Ireland and Virginia King Defendr of ye fFaith eta [December 5th 1700] Prefent HIS ExceUency ffrancis Nicholfon Efq' his Maj'8 L' & Govern' Gen" of this his Maj'8 moft ancient & great Colony & Dominion of Virginia — Edm* Jenings, John Lightfoot Rob' Carter Efq" His Excellency haveing been pleafed by his ComUfion under y6 Seale of ye Colony to Conftitute Dionifius Wright of y6 County of James City Clerke of y* Gener" Affembly, he did accordingly take v" Oaths appointed by act of Parliament to be taken inftead of y6 Oaths of aUegiance & Supremacy and haveing fubfcribed yc Affociation & teft appointed by act of Pariiam' did take y6 Oath of Clerke of y6 Gener" Affembly and was ordd to attend accordingly — A ComUfion Impowering Edm* Jenings Efq' John Lightfoot Efq' & Rob' Carter Efq' or any two of them to adminUter ye Oaths Affociation & Teft & ye Oath of Burgefs to y6 Gent, of y* houfe of Burgeffes was read in y6 Gen" Court houfe in y6 Audience of feveraU Burgeffes who to y6 number of thirty three were then fworne. His ExceUency haveing by his ComUfion und' the Seale of y6 Colony Conftituted Wm Randolph of y6 County of Henrico Gent. Clerke of the houfe of Burgeffes he took ye Oaths appointed by act of pariiam' to be taken inftead of y6 Oaths of Allegiance and Supremacy & then haveing fubfcribed y6 Affociation & teft took y3 Oath of Clerke of the houfe of Burgeffes. the CouncUl adjourn'd till tomorrow morning ten of y6 Clock. Friday Decern br 6* 1700 A MESSUAGE from y* Burgeffes by Miles Cary Gent: who acquainted his ExceUency that the Burgeffes were mett and waited to know his Excellencies Comands — Ord* that y Clerke of the Gener" Affembly go to ye houfe of Burgeffes & Comand their Imediate attendance upon his ExceUency in Councill in his ExceUencies Bed Chamber — The Gent: of y6 houfe of Burgeffes being come into his Excellencies Bed Chamb' his Excy Comandd them to Affemble in their houfe and to choofe one of their members to be their Speaker — CounciU adjourn'd tUl to morrow morning Nine of the Clock — Saterday (280) Saterday Decern br 7t.h LIGHTFOOT abfent A Meffuage from the houfe by Miles Cary Gent — May it pleafe yo' Excellency. I am Comandd by the houfe of Burgeffes to acquaint yor Excellency that they have proceed11 to the Choice of a Speaker, and they waite to know yor Excellencyes pleafure to appoint a time when they fhall prefent him — His Excellency Difmift ye meffuage w'h this anfwer that he would Signtfy his pleafure therein by a Meffuage to ye houfe — Ord* that y Clerke of ye Gen" Affembly go to ye houfe of Burgeffes and acquaint them that confidering there are at prefent but few of his Maj'8 Honble CounciU in town. And that it is late of Saturday in y- afternoone that therefore he refers ye time for y houfe to prefent their Speaker untill monday morning next. CounciU adjour'nd tiU monday morning ten of ye Clock — Monday Decembr. 9* 1700 Prefent HIS Excellency, Edm* Jenings, John Lightfoot, Rob' Carter Efq" Ord* that ye Clerk of y Gen" Affembly go to the houfe of Burgeffes & Comand their Imediate attendance upon his Excellency in CouncUl in his Excellencyes Bed Chamber — The Burgeffes attend his Excy & w'b low obeUance Prefent Peter Beverley of the County of Glocefter Gent as their Speaker — Peter Beverley Gent, being prefented by y6 houfe of Burgeffes as their Speaker humbly Excufeth himfelf to his Excellency & prays — That in Confideration of y6 great & weighty affaires that may ly under the Confider ation of y houfe this Seffions y honour of y6 houfe & his own perfonal difabilities his Excellency will be pleafed to Comand y houfe to proceed to y6 Election of fome other for their Speaker — His Excy anfwered that he did not doubt but y' y houfe was very well fatisfied w"1 his Sufficiency & abilities that therefore he approved the Burgeffes Choice and Would not allow of his Excufe. Whereupon Mr Speaker humbly prayed his Excellcy that in whatfoever he faid his perfonal faileings thr6 inadvertincy might not redound to y prejudice of the houfe of Burgeffes or any member thereof but might be amended — Then Mr Speaker in behaU of y houfe of Burgeffes and of all y Conalty of Virg' prayed that y houfe might Enjoy all their ancient privUidges, have at aU times when occation required, and his Excellency pleafed to appoint free accefs unto his Excy that y whole houfe and Every perticular member thereof, their Servants, 8c eftates might be free from arrefts and that in aU their Conferences & Confultacons in y houfe they might Enjoy y freedom & privUidge of Debate Mr Speaker haveing endd his Oration his Excy Expreffed himfelf to this Effect — That he had always in his care that he granted their requef ts for accefs to himfeU and for their Liberty & privUidge in as ample manner as they have formerly Enjoyed them that he would not in ye Leaft indeavour to leffen or Diminifh them, but rather as much as in him lay to Augm' and Advance them — Then his ExceUency was pleafed to make y following Speech — Gent. I am very Sorry [See J. of H. of B., 1695-1702, pp. 208-9.] A Peticon prefented by Edw* Rofs that he might be Comiffionated to Carry the Mace before y Speaker was read and y6 Same referred to ye Confideration of ya houfe of Burgeffes — CouncUl adjournd tUl tomorrow morning nine a Clock — Tuefday (2«I) Tuefday December 10th 1700-— Prefent HIS Excellency— Wm Byrd. John Lightfoot. Edm* Jenings, Rob* Carter Efq" A Meffuage from y houfe of Burgeffes by Miles Cary Gent, who prefented his ExceUcy w" the following addrefs, was read — To his Excy Fra : Nicholfon Efq' his Maj'3 Leiv' & Govern' Gen" of Virg" — The humble addrefs of y houfe of Burgeffes May it pleafe yo' Excy The houfe of Burgeffes haveing [See J. of H. of B., p. 208.] Ordd y' ye Kings Lre Concern8 the Marquefs de La Muce 8c y fettlem' of y6 ffrench refugees dated 18 Mar: 1700 & ye ord' of Councill thereupon Monf' De Saillees Lre of y* 26: odob' 1700 the Ord' of Councill dated at Weftopher Novemb' 14: 1700 about Saillee the MarquUs de La Muce his Lre dated ye 3 : Xbr 1700 and the Supplication of fever" of the ffrench Refugees be refer 'd to y Confideracon of y6 houfe of Burgeffes — Edmd Jenings Efq' his peticon praying that it may be declared how and by whom y* fifty pods of Tob0 afcertained by Law to be paid for each Comifcon for y mUitia fhall be paid is referred to y6 houfe of Burgeffes — Ordd that aU papers relateing to y apprehending & tryall of y6 pyrates & his Maj" Lre of ye io'h of Novemb' 1699 & of y io'h oiffeb'y 1699 relateing to y' fubject 8c all ord" of Councill Concerning the Same matter be with all Speed prepared in a readinefs & laid before ye houfe of Burgeffes. CouncUl adjourn'd till tomorrow morning ten of y6 Clock — A Wednefday December 11th 1700 MESSAGE from y houfe of Burgeffes by Miles Cary Gent, who prefented his Excy with this following refolve of y houfe. By the houfe of Burgeffes. Refolved. That y houfe is inclinable to proceed upon no matters but what upon Confideration fhall be found abfolutely neceffary to be proceed"1 upon this Seffion Ordered. That A Meffuage be forthwith fent to his Excy & ye Honble CouncUl to acquaint them with this Refolve — Wm Randolph CI ho : Burg : Ordered that y Clerke of the Gen" Affembly go to the houfe of Burgeffes & acquaint them that his Excy is very well fatisfied with ye refolve of y6 houfe viz' that they will proceed upon nothing this Seffion but is abfolutely neceffary one of wch that comes under that notion and circumftance his Excy conceives to be y matter concerning the french Refugees all w6*1 is ordd to be laid before y houfe and alfo to defire ye houfe to take into their Confideration y proceedings of y Comittee appointed to RevUe y6 Laws, in refpedl to y merits of y Claimes thereupon, and laftly to acquaint the houfe that all y6 papers relateing to y Pyrates the Rangers in Stafford County & aU other Claimes fhaU with all Convenient Speed be drawn out & laid before y houfe. — CounciU adjourn'd tUl to morrow morning nine of y6 Clock — Thurfday Decembr \2^ 1700. Prefent HIS Excellency — Wm Byrd, Edm* Jenings, John Lightfoot, Robert Carter Efq" Ord* that y6 Clerke of yc Councill prepare in readinefs all y fever" petitions propofitions & agreviances this day read in CouncUl & refef ed to y Confideracon of ye houfe of Burgeffes as alfo ye Gen" Lift of y6 tithables, and untithables & y mufter rolls of y6 Severall Counties in this his Maj'8 Colony & Dominion of Virg" that y Same may be fent to the houfe of Burgeffes — The CouncUl adjourn'd tUl to morrow morning ten of ye Clock — Friday ( 282 ) Friday Decemb: 13^ 1700 THE Clerke of the Councill haveing prepared all y6 papers according to y ord' of yefterday Ordered that ye Same together w"1 all y6 Claimes & papers belonging to ye Pyrates & to ye Rang'8 in Stafford County be now laid before ye houfe of Burgeffes & y' y Clerke of y6 Gen" Affembly acquaint y houfe that y Originall LUt of tithables and untithables & ye Mufter rolls of each refpective County is to remaine here upon record in ye Secretaries office & two faire Copies thereof to be tranfmitted for England. The CouncUl adjourn'd tUl monday morn8 nine of y6 Clock. Monday Decembr 16th 1700 Prefent HIS ExceUency. Edm* Jenings, Matt: Page, Benj" Harrifon, Rob' Carter Efq" Ordd that y6 Clerke of y6 Gener" Affembly do go to ye houfe of Burgeffes and Comand their Imediate attendance upon his Excy in CouncUl in y Gen" Court houfe — The Burgeffes attending his Excy was pleafed to Exprefs himfeU thus — HonbU Gent. I thank God [See J. of H. of B., pp. 220-1.] The CouncU adjourn'd till Wednefday morning nine of y6 Clock. Wednefday December \%^ 1700 — Prefent HIS Excellency, Wm Byrd, Edmd Jennings, John Lightfoot, Matt: Page, Ben: Harrifon, Rob' Carter, Efq" A meffuage from y6 houfe of Burgeffes by Wm Leigh Gent, who prefents his Excellency w'h a refolve of y houfe dated Tuefday Decemb' 17th 1700 in y following words — Decemb' 17th 1700 Refolved that a Meffuage be fent to give his ExceUcy the thanks of y houfe for y favour of his Speech yefterday, and y Communicating y6 Lre mentioned in y f d Speech the foUowing refolves were then alfo prefented viz' CoUege of Wm 8c Mary fs By the houfe of Burgeffes Tuefday December 17th 1700 Refolved. that y Records of this Governm' W* ftUl remaine at James City be with aU Con venient Expedition removed from thence to y6 place appointed for keeping the Secre taries office in his Maj'8 Royall College of William 8c Mary adjacient to y City of WiUiamfburgh According to y6 peticon of Edm* Jenings Efq' Deputy Secrety made to his Excy & y Honble CounciU in y' refpect RefolvedThat y6 records & papers belonging to this houfe 8c now lodged at James City be with all convenient Expedicon removed from thence & placed in y6 Chamber appointed for y Clerke of this houfe in his Maj'8 Roy" College of Wn 8c Mary adjacient to y City of Williamfburgh — Ordered. that a Meffuage be fent to y CouncUl to defire their Concurrence to y refolves of this houfe touching ye removaU of y records belongmg to y Secretya Office & to this houfe. Teft Wm Randolph CI : H : Burg. His (283) His ExceUency and y CounciU concurr w'h y houfe in y precedent refolves & y* Honble Edm* Jenings Efq' is requefted to caufe ye Same to be done with aU convenient Speed — Ordered That y Clerk of y Gener11 Affembly do go to the houfe of Burgeffes and acquaint them that his Excy 8c his Maj'ie8 Honble CouncUl concurrs w'h them in their refolves of removeing y records mentioned in ye fd refolves and that y fame fhall be done with aU convenient expedition & placed in the places appointed for them in his Maj" Roy11 CoUege of WiUiam and Mary. The CouncUl adjourn'd tiU Saterday morning ten of y Clock — Saterday Decembr. 2ift 1700 Prefent HIS Excellency, Wm Byrd, Edm* Jenings, Jn" Lightfoot, Matt: Page, Ben: Harrifon, Rob' Carter, Efq" An Engroffed bUl from the Burgeffes entituled a BUl makeing y french refugees inhabiting at y Manakin town & y parts adjacent a dUtinct parifh by themfelves exempting them from y paym' of publick and County Levy's for Seven yeares was read y firft tune & ordered to Ly upon y6 table for a Second reading — upon reading thereof Ordered. That y Clerke of y Gener" Affembly go to y houfe of Burgeffes and acquaint them that upon reading the aforefd bill the Councill defires a free Conference Immediately to be held in y Gen" Court houfe by three of their Number to Confer with fuch a number of that houfe as they fhaU appoint on y6 fubject matter of that byU — The Honble Wm Byrd Efq' Ben: Harrifon 8c Rob' Carter Efq' are appointed to manage y Conference upon this following fubject that they have hitherto fubfifted upon y Charity of y people in thofe parts, & without fome Continuacon of fuch Charitable act are not likely to fubfift & without that ye bUl now prepared can be of fmall advantage An Engroffed byU from ye Burgeffes Entituled a byU for Continuing y act pro hibiting the Exportacon of Indian Corne read y firft time and ordd a Second reading — The CouncUl adjourn'd tUl three of y6 Clock in y6 afternoon Poft Meridiem THE Honble Wm Byrd Efq' Benj: Harrifon Efq' 8c Rob' Carter Efq' being appomted to manage a Conference with fome of ye members of y6 houfe of Burgeffes concerning an Engroffed byll Entituled a byll makeing the ffrench Refugees Inhabiting at y6 Manakin towne and parts adjacent a diftindt parifh by themfelves and Exempting them from ye paym' of publick & County Levies for Seven yeares. Report y' according to order they have had a Conference in the general court houfe with Six members of the houfe of Burgeffes upon y6 fubject matter of that byU and y' y Burgeffes will report the fubject matter of y6 Conference to y houfe and returne their anfwer — An Engroffed byll from y Burgeffes Entituled a bill for Continuing y act prohibit ing the Exportacon of Indian Corne was read y6 Second time & ordered a third reading — The CouncUl adjourn'd tUl five a Clock Five (284) Five of ye Clock A LRE from Capta Paffenger Comand' of his Maj" Shipp Shoreham date d this Inftant Decemb' 211"' referred to ye houfe of Burgeffes. An Engroffed byll from the Burgeffes Entituled a bUl Continuing y act prohibiting the Exportacon of Indian Corne was read the third time Refolved that the bill do pafs Ordered That ye Clerke of y6 Gener" Affembly do Carry ye faid byll to ye houfe of Burgeffes & acquaint them that ye Councill have affented thereunto. The Honble W" Byrd Efq' Benj. Harrifon Efq' & Robert Carter Efq' do report that y Gent of y houfe of Burgeffes appointed to Conferr with them Concerning ye byU for makeing the french Refugees inhabiting at ye Manakin towne & parts adjacient a dUtinct parifh by themfelves et" reported to them that y6 houfe of Burgeffes had refolved not to raUe any thing upon y6 publick for ye reliefe of ye aforefd french Refugees. The Councill adjourn'd tUl Monday morning ten of ye Clock Monday Decembr. 23: 1700 Prefent HIS Excellency, Wm Byrd, Edm* Jenings, John Lightfoot, Matt: Page, Ben: Har rifon, Rob' Carter, Efq8 OrderedThat y6 Clerke of y6 Gen" Affembly go to the houfe of Burgeffes and Comand their Imediate attendance upon his Excellency in Councill in the Gen" Court houfe — The Burgeffes being come into ye Gen" Court houfe his Excy was pleafed to Exprefs himfelfe thus. Gent. I have made a ftridt and diligent Enquiry into y ftate and Condition of ye ffrench proteftants Refugees & find that they have no fund to Supply their wants and have ever fince their arrivaU hitherto been Supported by the Charity of Sever" pioufe Gent. I find their Condition fo deplorable that without a Continuance of fuch Charity at Leaft tUl they may reap this next Cropp they muft inevitably perifh and therefore have Caufed a briefe to be prepared wherein I have appointed two of his Maj'8 Honble Coun cill to receive fuch Charitable donations as fhall be given for ye reliefe of ye aforefd Refugees & to thofe of ye Councill the houfe may joyne fuch of their own members as to them fhall feem meet, and when I fee your returne upon this his Maj" Honble CouncUl will Confider upon your bill made in behalf of y6 fd Refugees & returne it — And thereupon his Excy prefented them with ye Briefe wch was in y foUowing words — Virg"fs. To all Chriftian people to whom thefe $fents fhall come I ffrancis NichoUon Efq' his Maj'3 L* and Govern' Gen" of Virg8- fend greeting — whereas feverall french proteftant refugees have lately arrived in this his Maj" Colony & Dominion of Virg" Imported hither by the bounty & pious Charity of his Moft Sacred Majefty. & Concerning whom his moft Sacred Majefty by his moft gracious Lre to me directed bearing date at Kenfington the 18th day of March i|§| hath Signified his RoyaU will and pleafure that all poffible Encouragem' fhould be given them upon their arrivall In ord' to their Settlem' and whereas the right Honble ye Lords Co-miff" of trade & plantacons by their Lre of Aprill 12th 1700 have aUo recomendd them to my ffavourable affiftance Purfuant whereunto they are now feated at a place called or known by ye name of y6 Manikin towne above y faUs of James river by virtue of an ord' of ( a85') of CouncUl dated at James City y6 8th day of Auguft in y twelfth year of his Maj" reigne annoq Dom 1700. but for as much as ye fd refugees haveing nothing at their arrivaU here wherewth to fubfift they have hitherto been fupported by y6 Contributacon of fev11 pious & Charitable Gent: in thofe parts & whereas it is manifeft & apparent that unlefs y fame Charitable & Chriftian like act be Continued for their reliefe untill fuch time as they may reap & receive the fruits of their own Labour by y6 next enfuing Crop they muft inevitably perifh for want of food — therefore I y faid ffrancis Nicholfon Efq' by and with y advice & Confent of his Maj" Honble Councill do hereby recomend y fad 8c deplorable Condicon of ye aforefd french refugees to y Confideracon of all pious Charitable & well dUpofed perfons within this his Maj" Colony & Dominion of Virg' defireing that they will Exprefs by fupfcribcons to this breUe what benevolences or gifts they in their Charity fhall think fitt to beftow either in mony Corne or any other thing for y fupport & releUe of thofe our poor dUtreffed Chriftian brethren & I do hereby Impower & Authorize y Honble Wm Byrd Efq' & Benj" Harrifon Efq' two of his Maj" Honble Councill of ftate of this his Maj" Colony & Dominion of Virg" to receive 8c dis tribute amongft y fd refugees fuch & fo many benevolences & gifts as y6 refpective bene factors fhall be wiUing to beftow for y6 promoteing And forwarding of this Charitable work Given und' my hand & Seale of the Colony at his Maj" Roy" College of Wm 8c Mary this 23d day of December in y6 12th year of his Maj" reigne annoq' Don 1700. A Meffage from y houfe of Burgeffes by Miles Cary Gent who prefents his Excy 8c y CounciU w'h an ord' of y houfe in thefe words — Monday Decemb' 23d 1700 By y houfe of Burgeffes — Ord* That a meffage be forthw'h fent to his Excy and ye CouncUl to acquaint them the houfe is well fatisfied from his Excy'8 informacon of y6 prefent neceffity of y french refugees w'h out any further Enquiry that fever" of y6 members have fubfcribed to y breife what they think fitt to beftow towards their releife that ye houfe is of opinion y' y Honble perfons his Excy has been pleafed to impower to receive ye Donations are fufficient & therefore they have aded no more & that y6 houfe doth hope that for y future benefitt of y fd refugees the Councill will be pleafed to affent to their byll in that behaU — Ordered — That y Comittee of Claimes do Carry ye fd Meffage. An Engroffed byll from y6 Burgeffes Entituled a bill makeing ye french Refugees inhabiting at y6 Mannikin town & y6 parts adjacent a dUtinct parifh by themfelves, & exempting them from paym' of publick and County Levys for Seven yeares was read y Second time & Comitted for amendm" The CounciU adjourn'd till three of y Clocke afternoone Poft Meridiem AN Engroffed bUl from ye Burgeffes Entituled a byll makeing y* french refugees Inhabiting at Manikin town & ye parts adjacient a dUtinct parifh by themfelves ef was read 8c fome amendm" made thereto by y Councill the byll w'h ye amendm" was read the third time and refolved that ye byll with y amendm" do pafs — Ord* that y Clerke of y* Gener" Affembly do Carry the fd byll with y amendm" to y houfe of Burgeffes & acquaint them that ye Councill have affented thereto with y fd amendm" whereto their Hon" defire their Concurrance — The CouncUl adjourns tUl tomorrow morning Eight of y Clock. Tuefday (286) Tuefday Decern br. 2 4t.h 1700 Prefent HIS Excellency, Wm Byrd, Edm* Jenings, Jn' Lightfoot, Matt: Page, Benj" Harrifon, Rob' Carter Efq" A meffage from y houfe by Miles Cary Gent, that they had agreed to an Engroffed byll Entituled a byll makeing the french refugees Inhabiting at y Manikin town & y parts adjacent a dUtinct parifh by themfelves & Exempting them from ye paym' of publick & County Levy for Seven years, with the amendm" thereto propofed by y CouncUl, & had amended y6 byll accordingly. The Book of publick Claimes fent from ye houfe of Burgeffes was read over & ordd to be laid upon y table — Alfo y Claime due to y6 Comittee appointed to revife y6 Lawes, wherein fever11 matters being omitted & fever" amendm" to be made before any further proceeding be thereupon had — Ordered that y Clerke of y6 Gener" Affembly do go to the houfe of Burgeffes & Comand their Imediate attendance upon his Excellency in CouncU in y Gen" Court houfe — The Burgeffes attending in the Gener" Court houfe His Excellency was pleafed to Exprefs himfelf thus. Gent I thank you [See J. of H. of B., p. 235.] A meffage to his Excy from y6 whole houfe of Burgeffes by Wm Leigh Gent. & others that they were preparing an humble addrefs to his Excy & defired to know when they might waite upon his Excellency to prefent y6 Same whereupon his Excellency appointed this afternoon in y6 Gen" Court houfe. Poft Meridiem ACCORDING to his Excellency's appointm' this day Mr Speaker & y houfe of Burgeffes waited upon his Excellency in CouncUl in y Gen" Courthoufe — And prefented an humble addrefs to his Excellency w611 was in y foUowing words — To his Excellcy ffrancis NichoUon Efq' his Maj'3 L* and Govern' Gen" of Virg3 — The humble addrefs of y houfe of Burgeffes — May it pleafe yo' Excellency. Wee his Maj" [See J. of H. of B., pp. 233-4.] To w°b his Excellency Expreffed himfelf to this Effect — Gent. I thank you for yo' Concurrence w'h me in giveing aU fuitable Encouragem' to y Marquefs De La Muce 8c y fettlem' of y6 french refugees at y6 Manikin towne I fhall Gent, never endeavour to Impofe anything upon you y' may feem either burthenfome or chargable & as to y matter of y6 Pyrates what you Gent, are pleafed to attribute to my valour 8c Conduct I for my part fhaU only afcribe to y' great God who rules and Governs all fublunary actions for I am fully perfwaded y' y hand of providence was very dUcemable in that whole action even from the very firft ftep to y6 Laft — Gent. As to what you Say of my Expofeing my perfon in that action to fo much danger. I muft tell you, that fo long as I am in this ftacon I am ready to Expofe not only my fmall fortunes but even my life alfo for y hon' of his moft Sacred Maj'y & y* Intereft of this his Colony & Dominion & look upon it as a duty incumbent upon mee fo to doe. Gent. As to y matter of y Rangers you may be well affur'd that as I & his Maj" Honble CounciU fhall never raUe any forces but upon Emergent Occafion fo fhaU take all (287) aU poffible care to difband them when once y profpedt of y danger or Caufe for W-b they were firft rais'd ceafeth — Laftly Gent — As I cannot but returne you my hearty thanks for your well wifhes in Congratulateing my recovery fo I muft needs joyne with you in rendring my humble thanks to that God who alone hath been y great reftorer of my health — The CouncUl adjourned till thurfday morning ten of y6 Clock — Thurfday Dech? 2 6t.h 1700 Prefent HIS ExceUency. Wm Byrd, Edm* Jenings, Matt: Page, Ben: Harrifon, Rob' Carter Efq" A Meffage from y6 Burgeffes by M' Corbin wherein is laid before his Excellency & y6 Honbl6 Councill that y6 fort Duties of three feverall veffells Entd in y Lower dUtrict of James river were never paid or accounted for to ye Auditor altho y6 Naval officer of y fd dUtrict had accounted for all thofe tunes y fd veffeUs are reported to be Entd to M' Auditor & propofeing to his Excy & y6 CouncUl that y fd Errours may be rectified thereupon Ordered — that a Copy of y fd Meffage be delivered to L' CoU0 Wm Willfon NavaU officer of y fd dUtrict & y' he anfwer make to y fame in writeing tomorrow morning — A Meffage to y CouncUl from y Burgeffes by M' Miles Cary who prefented them with this foUowing refolve — thurfday Dec 26: 1700. By y houfe of Burgeffes Refolved.that his Maj' be prefented [See J. of H. of B., p. 235.] M' Barth: ffowler prefented a peticon to y6 Burgeffes dated Dec 24th 1700 for an aUowance for his attendance ye Laft Affembly & an ord' of y houfe thereupon that h» fhould be allowed for ye Same two thoufand pounds of tobacco and Cask being fent to y CouncUl for their Concurrence Refolved. That y fame is affented to by y6 CounfeU. The Book of publick Claimes fent from y6 houfe of Burgeffes read over & affented to w* fome additions & amendments — Ordered — That y Clerke of y6 Gener" Affembly do carry ye fd book of Claimes to y houfe of Burgeffes & acquaint them that y6 Councill have affented thereto with fome additions & amendm" to wch their Hon" defire y6 Concurrence of y houfe. Refolved that y fever" refolves of y6 houfe of Burgeffes of Dec 20th 1700. fent from y Burgeffes concerning y6 fever" allowances to y Comittee appointed to revUe y Lawes be affented to w'h an amendm' Ordered That y Clerke of y Gener1 Affembly do Carry y fd refolves to y houfe of Burgeffes & acquaint them y' y6 Council have affented thereto w'h an addition to w* their Hon" defire the Concurrence of the houfe — Ordered.that y6 Clerke of y Gener" Affembly do Carry to the houfe of Burgeffes y Engroffed byll makeing y6 french refugees Inhabiting at Manikin towne & parts adjacent a dUtinct parifh of themfelves ef 8c acquaint them that y6 CouncU have affented thereto w'h y amendm' By his Excellency. Dec' 26th 1700— Whereas the Honbl6 Edward Hill Efq' who was appointed by act of affembly one of y Comittee to revUe y6 Lawes is lately dead y6 Honbl6 Edm* Jenings Efq' is appointed by his Excellency to be joyned to that Comittee in his ftead. By (288) By his Excellcy and y Honbl' Councill — Whereas it is found y' y Comittee appointed by act to revife y whole body of y Lawes have been often obftructed therein wcb is conceived to be occafioned by a fufficient number of y memb" of y' Comittee not meeting at y time appointed for y preventing & remedying whereof for y6 future & to advance y fd worke with all diligence they not haveing any coorcive or determinative power of themfelves, It is propofed by his Excy & his Maj" Honble CouncUl to find out fome expedient to act with a leffer number w* is thought may very well be done by an ordinance of Affembly. Ordered that y Clerke of y Gener" Affembly do go to y6 houfe of Burgeffes & Carry y above propoficons to be by them Confidered. A meffage from y6 houfe of Burgeffes by Mr Corbin who prefents an acco' currant of M' Treafur' w6*1 account is affented to by his Excy & y Honble Council — Orderedthat y Clerke of y Gen" Affembly do Carry y fd acco' to y6 houfe of Burgeffes & acquaint them that his Excellency & y Council have affented thereto A Meffage from ye Burgeffes by Miles Cary Gent who informs his Excy & y CouncUl y' y houfe hath agreed to y6 additions & amendm" propofed by their Hon" to y book of publick Claimes as alfo to ye amendm' propofed by their Hon" to y refolves of ye houfe concerning y Comittee appointed to revUe y Lawes to both wcb his Excy 8c y Honble Council affent — Ordered. that y Clerke of ye Gen" Affembly returne y fd book of publick Claimes & y aforef* Refolves to y houfe of Burgeffes & acquaint them therewith — The Councill adjourns tUl five of y6 Clock in y6 afternoone — Poft Meridiem — THE Refolve from y6 houfe of Burgeffes that his Maj' be prefented with four hundd & twenty pounds for & towards y paym' of y Charge accruing by y Pyrates ef being read ye fame is affented to by the Council — The Council being inform'd that y houfe of Burgeffes are adjourn'd tUl tomorrow morning Ord* that y Clerke of ye Gener" Affembly return y fame to y houfe of Burgeffes early tomorrow morning & acquaint them that y6 CouncU have affented thereto — The CouncU adjourns till tomorrow morn8 Eight of ye Clock — Friday Dec7 27: 170 o— Prefent T T 7M BYRD> Edm" Jenings, Matt: Page, Ben: Harrifon, Rob' Carter Efq" 1/1/ L' Coll° Wm Wilfon Navall officer of y6 Lower diftrict of James river this r r day put in his anfw' in writeing to ye report of Comittee as by ord' of yefterday and as to y firft (viz*) The Shipp Hopewell John Nyles Mafter he faith that he never recd any fort duties for her becaufe fhe only touch t here, had only a permitt to unlode fome fmall matter that fhe took nothing in & was Imediately bound up the Bay. Upon Confideration whereof It is ye opinion of y CouncUl that in fuch Cafe that neither Govern" ffees nor fort duties ought to be paid — As to the Second (viz') The Sloop George Jofeph fforeft Mafter he Saith that ye floop was one of thofe who were taken by ye Pyrates, who were taken by his Maj" Shipp y Shoreham and that what done in relation to her was by his Excy'8 directions In w6*1 Cafe it is ye opinion of y CouncU that no fort duties ought to be paid. As (289) As to y third (viz*) The Sloop called the Beavour of Penfilvania And" Lock Mafter he faith y» ye reafon of her not being accounted for was by pure mUtake & inadvertincy & not any defigne — Upon Confideracon of y whole matter It is y opinion of y CouncU that y third being Error he muft account for it and make Oath that he never recd any fort duties for y firft nor fecond to wch he accordingly made Oath — A Meffage from y houfe of Burgeffes by Wm Leigh Gent & others who prefent his Maj"" Honble Council with an addrefs to his moft Sacred Majefty and theirto pray their Hon" Concurrence — RefolvedThat y fame be affented to with fome additions & amendments — Ordered That y Clerke of y« Gen" Affembly do Carry the fd Addrefs to y houfe of Burgeffes & acquaint them that y Council have affented thereto with feveraU amendm" to w08 their Hon" defire the Concurrence of y6 houfe. the Book of Publick proportions from y6 houfe of Burgeffes read & affented to by the Council — Ord* that y Clerke of the Gen" Affembly do returne y book of pubUck proporcons to ye houfe of Burgeffes & acquaint them that their Hon" have affented thereto. As aUo to Carry to the houfe the ord' of CouncU to L' CoU0 Geo. Mafon to difband the Rangers in Stafford County A BUl from ye Burgeffes Entituled a bill for y more effedtuaU & fpeedy Carrying on y RevUaU of y Lawes read y firft time & ordd a Second reading A BUl from y Burgeffes Entituled a bUl for raUeing a publick Levy read y firft time & ordered a Second reading — The Council adjourn'd tiU two of y Clock in y6 afternoone — Poft Meridiem — A BILL from y Burgeffes Entituled a biU for y more effedtuaU and Speedy carrying on y6 revU" of y6 Lawes read y Second time & Comitted for amend ments. A BUl from ye Burgeffes Entituled a bUl for raifing a publick Levy read y Second time & ordered a third reading. The CouncUl adjourn'd till four of y Clock four of ye Clock afternoon — A BILL from y Burgeffes Entituled a bUl for ye more effedtuaU & Speedy Carry ing on ye revUall of y Lawes read y* third time with y amendm" Refolved that y6 bUl do pafs — A BUl from y6 Burgeffes Entituled a biU for raUeing a pubUck Levy read y third time & affented to without any amendment — Ordered.That y Clerke of y6 Gen" Affembly do return y fd bills to y houfe of Burgeffes & acquaint them y' ye Council have affented thereto — A meffage from the Burgeffes by Wm Leigh Gent. & others who prefent the CouncUl with four Engroffed bills (viz') An Ad for continuing y ad for prohibiting y Exportacon of Indian Corne — An Ad makeing y french refugees Inhabiting at y Manikin towne df y parts adjacent a diftind parifh of themfelves & Exempting them from y paym* of publick & County Levies for Seven yeares. An ( 290 ) An Ad for y more Effeduall & fpeedy Carrying on y Revifall of y Lawes An Ad for Raifing a Publick Levy — Ord* That y6 Clerke of the Gen" Affembly do go to y houfe of Burgeffes and returne y Engroffed bills to ye houfe — A Meffage from y6 houfe of Burgeffes by Wm Leigh Gent. & others who prefent y6 Council with an Addrefs to his moft Sacred Majefty & acquaint them that ye houfe have made ye amendm" thereto propofed by their Hon" & pray that their Hon" wUl pleafe to figne it — the Same being read with y amendments is Signed by the Honble Wm Byrd Efq' in behalf of ye Councill & returned to the houfe they aUo prefent to ye Honble Council ye ord' of Council of this Inftant directed to L' Coll° Geo Mafon for difbanding the Rangers in Stafford County & acquaint them that ye houfe is very well fatisfied therewith An Addrefs to his moft Sacred Maj'y being prepared was read in ye following words To the Kings moft Excell' Maj'y — Moft Dread Sovereigne. We the Govern' Council & [See J. of H. of B., p. 240.] wch being read & approved was Signed by his Excellency & ye Honble CouncU — Orderedthat y6 Clerke of y6 Gen" Affembly Carry y faid Addrefs to ye houfe of Burgeffes and defire that y6 Same may be Signed by Every Individuall member each in his proper place according to their Counties — His Excellency was pleafed to recomend it to y Honble Council for their advice whether any thing further was neceffary to be done at prefent by ye Gen" Affembly or whether they fhould now Conclude y6 Seffion — Whereupon the Council are of opinion y' Confidering the Cold and winter Seafon of y year & y6 great throng that is now by reafon of y6 fhipps being arrived in y Country that therefore it is for his Maj" Service & y6 Intereft of this his Maj'9 Colony & Dominion that ye Gener" Affembly be prorogued till ye twenty fourth day of Aprill next — Ordered that ye Clerke of ye Gen" Affembly do go to y6 houfe of Burgeffes & Comand y whole houfe Imediately to give their attendance upon his Excellency in Councill in y Gener" Court houfe and alfo to Comand them to bring what bUls they have agreed to & paft this Seffion to prefent them to his Excellency that they may receive all due approbation — M' Speaker and y6 houfe of Burgeffes being Come into y6 Gen" Court houfe M' Speaker in ye name of the whole houfe Expreffed himfeU thus — May it pleafe your Excellency We his Maj" moft Loyall and DutUull fubjects the Burgeffes in obedience to yor Excellency's Comands do now attend your Excy w'h y fruits of our Serious Confideracons at this Seffion Severally affented to by y6 Honble members of his Maj" Council for this his moft ancient Colony & Dominion in ord' to fubmit them & every of them to your Excellency's prudence & wifdom for approbation & for y' powerfull ftamp yet wanting to give them due life Vigour & Authority to Effect y6 fev" purpofes they are defign 'd for — We have had many Important Confideracons to Induce us to proceed upon nothing this Seffion but what abfolute neceffity required & we have great reafon to render y higheft acknowledgm" to divine providence for fo favourable a Seafon even in y heart of a winter, remarkable for it's long continuance, And that admirable warmth yefterday wherein fome of our latef t fruite ripened & came to perfection that I hope I may without Vanity Conftrue An happy Omen of ye acceptablenefs of o' Endeav" to his moft Sacred Maj'y whom God long p'ferve & to yo' Excellency now recovered from your late IndUpo- fition 8c Sicknefs to y6 great fatisfaction and joy of us all. A favourable acceptance we are fure cannot mifs of an advantagious Confequence to this Colony but will be a means to (291 ) to continue his Maj" gracious inclinations towards us & that ardent zeale wch yor Excy dayly dUcov" dweUing in you for y profperity of every IndividuaU Inhabitant of this Government — It is an Eafy matter to Compile a long dUcourfe & a true one too of yo' Excys Bounty on all occations yo' Charity yo' piety yo' unwearied Endeavours for ye advancem' of Religion & Learning your undaunted refolution & Conduct for our defence & Security yo' plainefs & Sincerity wth us & your great prudence & wUdom in ye difcharge of that high and Honble truft his Maj' hath been pleafed to Corhitt to you, but thofe qualifica tions being fo perfpicuous in yo' Excy'8 perfon no man that knows your Excy can p'tend to be ignorant, And therefore I pafs to y6 repetition of y6 titles of thofe few acts wch I am now appointed to prefent to your Excellency. And they are I. An Ad for Continuing y ad for prohibiting y' Exportacon of Indian Corne — 2. An Ad makeing the french Refugees Inhabiting at y Manikin town & y parts adjacent a diftind parifh of themfelves & Exempting them from y paym' of publick and County Levys for Seven yeares — j. An Ad for y more Effeduall & Speedy Carrying on y revifall of y Lawes — 4. An Ad for Raifeing a Publick Levy — Thefe May it pleafe yo' Excellency Are fuch adts as y6 Honble Councill & y6 Burgeffes now before you deem to be for the good and wellfare of this his Maj'8 moft ancient & great Colony and Dominion of Virg" and fuch as there is prefent occation for. Many other matters th6 of weight & moment that would admitt of a reference are put to a further time when it fhall pleafe your Excellency to give this or another Affembly the oppertunity to Confider them and now may it pleafe your Excellency we do not in the Leaft doubt your Excellency's Con- defcenfion to Joyne with us in the paffing this Roll of Bills and that your Excellency will be pleafed to favour us with your affiftance & Endeavours to obtaine his Maj" Gracious anfwer to our addrefs — AT A GENERALL ASSEMBLY begun at his Maj^^3 Royall CoUedge of William and Mary: 5th Decemb7. 1700 and thence continued by sev1! Prorogacons untill Wednejday ye Sixth of Aug1} 1701 &c* [From the Public Record Office, London, Colonial Office, Clafs 5, Vol. 1409, pp. 463-560.] At a Generall Affembly begun at his Majtjfs Royall CoUedge of William and Mary: 5tla Decemb7 1700 and thence con tinued by sev1! Prorogacons untill Wednejday ye Sixth of Augff 1 70 1 &c* [Wednefday, Auguft 6th, 1701.] Prefent HIS Excellency, Wm Byrd, Edm* Jenings, John Lightfoott, Benj: Harrifon and John Cuftis Efq" L' Coll Geo. Mafon haveing firft taken y6 Oaths Appointed by Act of Pariiam' to be taken inftead of ye Oathes of Allegiance & Supremacy Subfcribed y Teft & Affociation took ye Oath of Burgefs of this prefent Gen" Affembly. The Occafion of calling y Affembly and wht his Excy hath therevpon to deliver to y houfe of Burgeffes for their Confideration is referred tUl tomorrow morning in hopes there will be a fuller Council. CouncU adjourned tUl to Morrow Morning Seven of y Clock. Thurfday Augu^ 7t.h 1701 Prefent HIS Excellency, Wm Byrd, Edm* Jenings, John Lightfoott, Benj: Harrifon and John Cuftis Efq" Whereas by fev" advices from England a Gen11 warr is Threatned wherein his Maj'ie o' moft dread Sov' and his Kingdomes & Dominions are likely to be deeply Engaged and ye Gen" Affembly of this his Maj'Ies Colony being now mett and Affembled together to AdvUe and Conf ult wht may beft tend to y advancem' of Religion & Piety y6 Intreft of his moft Sacred Maj"6 and ye defence Safety & Security of this his Maj'168 Dominion and Subjects here Inhabitting. Therefore Ordered y' a Proclamacon be drawn enjoyning a day of fafting & HumUia- con to be kept and Obferved by this $fent Gen" Affembly y Inhabitance of y City of WiUiamfburgh 8c parts adjacent vpon Wednefday y Thirteenth of this mf' Aug" and vpon Wednefday ye Twenty Seventh of this inf' Aug1* in all & every Parifh & Edm* Jenings, Cha: Scarburgh, Rob' Carter Efq" 1/1/ A Meffage from ye Burgeffes by M' Macon and Others, whoe brought to ww y CouncUl for their Hon" Concurrence An Ordinance of Affembly for Settleing y6 Bounds of Ifle of Wight, Surry and Charles City Counties — Ordered That it ly upon y6 Table to be Read in a fuller Council A BUl from y Burgeffes entituled an Ad concerning y Militia. OrderedThat it lie upon y6 Table to be Read in a fuller Council John Lightfoot Efq' Added CouncU Adjournes till to Morrow Morning Nine of the Clock Wednefday 3? Sep1: 1701. Pref HIS Exccy, Wm Byrd, Edm* Jenings, Cha: Scarburgh, John Lightfoot Efq" Ordered That the Clerke of y Gen" Affembly do Carry to y6 Houfe of Burgeffes this foUowing Meffage in writeing. M' Speaker Whereas his Exccy [See J. of H. of B., p. 278.] The Peticon of Thomas Parker and Thomas Mackyehey for Lands Leafed by the Pomonky Indians. Ordered To be refferd to y6 Confideratn of y6 houfe of Burgeffes John Tullitts Peticon for Apprehending an Out Lying Negroe Called Billy, Ordered To be reffered to y Confideracon of y Houfe of Burgeffes A Meffage from y6 Burge8 by M' Fofter 8c Others. May it pleafe yo' Excellcy & Hon'3 I am Comanded by y6 Houfe to deliver this Meffage to your Excy and Hon" Wednefday Sep' 3d 1701. By y Houfe of Burgeffes May it Pleafe yo' Excy and Hon'3 In Anfwer to yo' Meffage [See J. of H. of B., p. 278.] CouncU Adjourn'd till to Morrow Morning Nine of y6 Clock. Thurfday 4th 7be7 1701 Prefent T 1" T^ BYRD, Edm* Jenings, Cha: Scarburgh, John Lightfoot and Benj" Harrifon 1/1/ Efci" J w The Peticon of Edw* Bell, Edw* Huckftep, Philip Williams, Thomas Mackgehay, George Shillin and James Johnfon for Land w'hin y6 Bounds of y Land Laid out for y6 Pomonkie Indians, and leafed to them by the Aforefd Indians. Ordered to be reffer'd to the Confideracon of y6 houfe of Burgeffes how (the Indians haveing a Pattent for the Whole) thefe Mens peticons can be Anfwered. Jn" Rem Peticon for allowance as door keeper to his Excy & the CouncU this Seffion of Affembly That (304) That y Same be recomended to y Confideracon of the houfe of Burgeffes. A Bill from y Burg Entituled an Ad concerning the Militia, Read the firft tune, and Ordered a Second Reading An Ordinance of Affembly for Settleing y Bounds of Ifl-Wight, Surry and Charles City Counties, Read the firft time and Ordered a Second Reading. Council Adjourn'd till to Morrow Morning Nine of ye Clock. Fry day $th Sep\ 1701 Prefent HIS Excy, Wm Byrd, Cha: Scarburgh, John Lightfoot, Benj" Harrifon and Rob' Carter Efq" His Excy Laying before the Councill a Letter from Maj' Peter Feild, dated y 3d Sep' Inftant Concerning two Strange Indians, taken upon Swift Creek and brought heither Prifoners. Ordered That y Clerk of y6 Gen" Affembly carry y Aforefd Letter & Lay it before the Houfe of Burg And defire them to fend fome of theire Member forthwith to hear y Sd Indians Examined before his Excy and the CouncU James Blair ComUf Added The Houfe Appointed Eight of their Members (Viz') Miles Cary, Wm Tayloe, Rich* Bland, Rob' Beverly, Wm Gough, Tully Robinfon, Thomas Edmondfon and Jofhua Wynn Burg : to Attend at y6 Examinacon. The Aforefd Indians being fully Examined & heard were for y6 p'fent fent back Under a keeper. Edmund Jenings Efq' Added Upon due 8c Serious confideracon had of w' fhall be done with the two Indians. OrderedThat the Clerk of ye Gen" Affembly Acquaint the Houfe of Burg: that y two Strange Indians Sent heither Prifoners by Maj' Peter ffeid[ffeild] haveing been Examin'd before his Excy & Council in the prefence of Eight of y Members of y houfe of Burgeffes. His Excy & y Honble CouncU conceiveing the whole Country to be therein concern'd Defire y Advice of y6 houfe, what is beft to be done w"1 y Aforef Indians. CouncU Adjourn'd tiU to Morrow Morning Nine of the Clock. Saturday 6th Sep\ 1701 Prefent tt tM BYRD, Edm* Jenings, Cha Scarburgh, John Lightfoot, Benj" Harrifon, 1/1/ Rob* Carter and James Blair Efq" WW A Meffage from y6 Burgeffes by Coll : Miles Cary and Others. By fhe Houfe of Burg: Sep' 6th 1 70 1 Refolved That a Conferance be defired w'h the Council, the better to enable this houfe to give a Suteable Anf wear to y6 Meffage of his Excy & y Council Yefterday Concerning the Two Strange Indians Wm Randolph CI H Burg The Honble Wm Byrd Efq' Benj" Harrifon Efq' and John Lightfoot Efqr Appomted to Manage y6 Conferance. OrderedThat y6 Clerk of ye Gen" Affembly Acquaint y Houfe of Burg: that y Council have Appoynt'd three of their Members, to confer w"1 a Convenient Number of y houfe of Burg: to confult a Suteable Anfwer to y Meffage Concerning two Strange Indians. The (305) The Honble Wm Byrd Efq' Edm* Jenings Efq' Charles Scarburgh Efq' Benj' Harrifon 8c Rob1 Carter Efq" Appointed to Manage a Conference w'h the Burg: about the bUl Intituled an Ad Concerning the Militia Ordered That a free Conferrence be defired to be held on Monday Next in ye CouncU Chambers About one of the Clock Afternoon by five Members of y6 Council w'h a Con venient Number of y6 Burg: as the Houfe fhall think fitt to confider upon y Subject Matter of the bUl Intituled an Ad concerning the Militia. An Ordinence of Affembly for Settleing y6 bounds of Ifle-Wight, Surry 8c Charles Citty Counties, Read the Second time, & Ordered a Third Reading. An Ordinence of the Affembly for Settleing ye Bounds of Ifle-Wight, Surry 8c Charles Citty Counties read the Third time and Agreed to by y6 Council. Refolved That it pafs OrderedThat y6 Clerke of y6 Gen" Affembly doe carry y6 Sd Ordinance to y Houfe of Burg: and Acq' them that ye Council have Agreed thereto. A Meffage from y Burg by M' Beveley and Others, who prefent y6 Houfe w'h y following Refolve. By y Houfe of Burgeffes Sep' 6th 1701. Refolved That this Houfe will not Agree to a Conference w'h the Council upon y Subjedt Matter of the bill Entituled An Ad concerning the Militia, untiU y6 Sd bill be Return'd to the Houfe. Prefent His Excy A Meffage from y Burg : to his ExceUency and the Council by CoU : Miles Cary and Others, Who pefent the following Refolve. By y Houfe of Burg Sep' 6th 1701. Refolved That it is ye Opinion of this Houfe that y Two Strange Indians Sent heither by Maj' Peter Feild are Enimies to y Governm' & that they be therefore tranfported to Barbados, Refolved That his Excy & y Council concurr w'b y Opinion and refolve of y6 Houfe, concerning y6 two Strange Indians And Accordingly Ordered That y6 Honble Wm Byrd Efq' take Care for Tranfportation, and that an Inftrument be drawne for that purpofe, and that y6 Sheriff of James City County in mean time, keep & Secure them Under a Strong Guard, Untill they fhall be delivered to y Mafter of y Sloop Weftover, In Order to their Tranfportation. His Excy Abfent A BiU from y Burgeffes, Entituled an Ad Concerning the Militia Ordered to be Comitted for Amendments Scarburgh, Harriffon, Carter, to Confider Upon y6 paticular heads of Amendments CouncU Adjourn'd tUl Monday Morning Nine of the Clock. Munday Sep1, 8th i 70 1 Prefent X X T"M BYRD, Edm* Jenings, Benj" Harrifon, Rob' Carter and James Blair Efq" 1/1/ A Meffage from y- Burg: by Mr Beverley and Others, Whoe p'fent yc w ¥ following bUls, & pray their Hon" Concurrence. A BUl Entituled An Ad for divideing King & Queen County read y 1" time and Ordered a 2d Reading. A BUl Entituled an Ad giveing power to y Sherriff Attending y Gen" Courts to Sumon Jurors & Evidences w'Hn y City of WUUamfburgh Read the firft time and Ordered a Second Reading Council Adjourn'd tUl to Morrow Morning Nine of y6 Clock. Tuefday (306) Tuefday 9th Sep\ 1 70 1 . Prefent T T ~TM BYRD, Edm* Jenings, Charles Scarburgh, Matt Page, Benj' Harriffon, 1/1/ Robert Carter, James Blair Efq" * w Charles Scarburgh Efq' from ye Committee to confider Upon y Amend ments to y BUl, Entituled an Ad Concerning y Militia, Reports that they have refolved Upon Sev" Amendm" and Ordered to ly Upon the Table John Lightfoot Efq' Added A Meffage from y Burg : by M' Macon and Others, Whoe prefent to y CouncUl y foUowing bUls and Pray their Hon" Concurrence, A BUl Entuled and Ad for better Strengthening the frontiers and dif covering y Approaches of an Enimie. A bUl Entituled an Ad for y More Effedually Apprehending an Out Lying Negroe, whoe hath comitted divers Robberies and Offences. A bUl for Quieting y poffefcon of Sev" perfons Seated Within y bounds of y Land laid out for y6 Pomonky Indians. Ordered That ye Sd bUls be read the firft time to Morrow Morning. Council Adjournd tUl to Morrow Morning Nine of y6 Clock Wednefday 10th Sep1 1701. Prefent HIS Excy, Wm Byrd, Cha: Scarburgh, John Lightfoot, Matt Page, Benj" Harrifon, Rob' Carter and James Blair Efq" Ordered That y6 Clerke of ye Gen" Affembly doe Carry y proceedings had Ag" y Two Strange Indians Prifoners and aU papers and Charges thereunto relateing to the Houfe of Burg : for their Confiderat : thereupon & how the Charge fhall be paid. His Excy Abfent A Bill Entituled an Ad for divideing King & Queen County Read the Second time and Committed to Edm* Jenings Efq' for Amendments. A bill Entitued An Ad Giveing Power to y Sheriff for Attending y Gen" Courts to Sumons Jurors and Evidences w'Hn the City of WUUamfburgh, read y Second time and Comitted for Amendm" to Benj" Harrifon Efq' A Bill Entituled an Ad for y better Strengthening the frontiers & dif covering the Approaches of an Enemy. Read y6 firft time, and Order'd a Second Reading — A Bill, Entuled an Ad for the More Effedual Apprehending an Outlying Negroe, wek hath comitted divers Robberies and Offences, Read the firft time and Ordered a Second Reading A Bill Entituled an Ad for Quieting the Poffefcon of Sev" perfons Seated w'Hn y bounds of y Land, Laid out for y Pomononkey Indians Read y6 firft tune and Ordered a Second Reading. Edm* Jenings Efq' Added. A Meffage from y6 Burg by Coll : Miles Cary and Others That they had brought to the CouncU the Report of the Comittee for Publick Claimes, and Prayed their Hon" Concurrence. Alfoe Refolved [Refolves] of the Houfe Concerning Allowances to the RevUal, And prayed their Hon" Concurrence. Ordered That y6 Clerk of ye Gen" Affembly returne to ye Houfe of Burg: the BUl Entituled an Ad concerning the Militia and Acquaint y6 Houfe that y6 CouncU have Made Sev" Amendm" thereto and Agree to the Bill w'h thefe Amendm" and defire y Concurrence of the Houfe. CouncU Adjourned tUl to Morrow Morning Nine of the Clock Thurfday (307 ) Thurfday i Ith Sep1 i 70 1. Prefent T T 'YM BYRD, Edm* Jenings, Cha: Scarburgh, John Lightfoot, Matt: Page, Benj" 1/1/ Harrifon, James Blair Efq" ww a Meffage from y6 Burg : to the Council by M' Thomas Barber and Others, May it Pleafe Your Hon'3 I am directed by the Houfe of Burgeffes, to p'fent to your Hon" y6 Refolves of y6 Houfe Concerning Pomonky Neck and Black Water Land and pray yo' Hon" Con currence. Ordered That it Ly Upon the Table. Prefent His Excy Whereas Sev" dUputes have heretofore And DaUy do Arife, what Shall be Accounted a Charge to be laid upon and paid by y6 Publick, and what is to be paid Expreffly out of and by his Maj"68 Revenue, for prevencon whereof for y6 future Ordered — That it be prepofed to, & laid before the Houfe of Burg : that a Law be Made to dUtinguUh what ShaU be Accounted a Countrey Charge, and what ShaU be paid Out of y Kings Revenue, His Excy Abfent A BUl Entituled an Ad for devideing King & Queen County Read the third time w"1 the Amendm" Refolved That y bUl w'h y6 Amendm" pafs. OrderedThat the Clerk of y6 Gen" Affembly returne the Said bUl to y Houfe of Burg : and Acq' them that y CouncU Agree thereto w'h y6 Amendm" and defire the Concurrence of the Houfe. A BUl entituled An Ad giveing power for attending y Gen" Court to Sum[m]on Jurors and Evidences w'Hn y City of Wmfburgh read y6 3d time w'h y6 amendm" Refolved. That y6 BUl w'h y6 amendm" do pafs Ordered That y Clk of y6 GenU Affembly return y6 fd BUl to y6 Houfe of Burg. & acq' ym y' y6 CouncU agree thereto with ye amendm" and defire y Concurence of y6 Houfe Robert Carter Efq' Added A BiU Entituled an Ad, for y better Strenghening the ffr outers, & Dif covering the Approaches of an Enimie Read y Second time and Comitted for Amendm" A Meffage from y6 Burgeffes by M' Edwin Thacker and Others. May it Pleafe Your Hon" Wee are Comanded to Acq' Yo' Hon" that the Burgeffes have Agreed to y Amendm" made by y CouncU to the biU for Divideing King 8c Queen County Alfoe to y Amendm" Made to y6 bUl Giveing power to ye Sheriffs Attending y6 Gen" Courts to Sumons Jurors and Evidences w'bin y City of Williamfburgh. A BUl Entituled an Ad for y More Effedual Ap'hending an Outlying Negroe whoe hath comitted divers Robberies and Offences Read the Second tune and Ordered a third Reading. CouncU Adjourned tiU to Morrow Morning Nine of y6 Clock. Fryday (308) Fry day \2^ Sep\ 1701. Prefent X X TM BYRD, Cha: Scarburgh, John Lightfoot, Matt: Page, Benj" Harrifon, 1/1/ James Blair Efq" * * A Meffage from the Burgeffes by Coll Wm Leigh and Others. May it pleafe Yo' Hon" Wee are Comanded by y houfe of Burgeffes to Acqu' Yo' Hon" y houfe defires a Conference w'h fome of y6 Members of y6 Honble CouncU concerning fome Amendm" made to y6 bill Entituled An Ad Concerning y Militia. Edm* Jenings Rob' Carter Efq" Added Refolved. That a Conference be Agreed to. And Edm* Jenings Efq' Jn" Lightfoot Efq' Matt Page Efq' be Appointed to Manage the Conferrence Ordered That y6 Clerke of y6 Gen" Affembly Acq' the Houfe of Burg : that y Council have Agreed that three of their Members, Shall forthw"- Conferr wth a Convenient Number of y Burg: upon fome Amendm" Made by y6 Council, to y6 BUl Entituled an Ad con cerning y Militia, & this Conferance to be in the Council Office. A Bill Entituled an Ad for y betf Strengthening y ffronters, & difcovering y Approaches of the Enimy Read y6 third time w'h Amendm" Refolved That y6 bill w'h y6 Amendm" do pafs OrderedThat y6 Clerk of y6 Gen" Affembly returne y6 Sd bill to y Burgeffes, and Acq' them that y Council have Agreed thereto w'h the Amendments and defire the concurrence of the Houfe. A Bill Entituled an Ad for y more Effeduall Apprehending an Outlying Negroe who hath comitted divers Robberies & Offences read y6 third time, Refolved That the bill doe pafs. Ordered — That the Clerk of y6 Gen11 Affembly do returne the Sd bill to y Burg: and Acq' them that y6 Council have Agreed thereto wthout any Amendm" Charles Scarburgh Efq' Abfent A Meffage from ye Burg : by Coll : Wm Leigh and Others. May it Pleafe yo' Hon'3 Wee are Comanded by the Houfe of Burg : to Acq' Yo' Hon" that the Burg : doe Agree to all y6 Amendm" Made by yo' Hon" to y6 Bill Entituled an Ad for the better Strengthening the ffrontiers, and difcovering y Approaches of an Enimie, Save only this one, where it is Said y" Lookouts Shall be paid by fhe Publick— (According to Agreem') Inftead whereof they pray it may be Said (after the rate of two hundred pounds of Tob°

Edm* Jenings, John Lightfoot, Matt: Page, James Blair Efq" 1/1/ Addrefs from the Houfe of Burgeffes to his Excy to lay Open the Lands ww m Black water Swamp and in Pamonkey Neck that Patents may Ufue to which they pray the Concurrence of the CouncU the Same being read. Refolved . That the CouncU do agree and concurr wth the Houfe in this Addrefs. Ordered That the Clk of the Generall Affembly carry the faid Addrefs to the Houfe and acquaint them that their Honors have agreed thereto His (3io) His Excy Prefent A Meffage from the Burgeffes to his Excy by Coll William Leigh 8c others May it Pleafe y Excy Wee are Comanded by y Houfe of Burgeffes to acquaint y* Excy that the Houfe have prepared an addrefs to y Excy in Anfwer to y Excy8 Speech and ye fev" Meffages Sent by y Excy to y Houfe. And pray that y Excy will be pleafed to appoint a time to Receive the Houfe and their Speaker to Prefent the Same. To w01* his Excy replyed 5' Acquaint the Houfe that I expected to have received this meffage fome time agoe, and the fooner the better. The Speaker and the Houfe of Burgeffes attending M' Speaker expreffed himfelve thusMay it Pleafe y Excy Wee his Maj"es Loyall ... . [See J. of H. of B., pp. 298-9.] May it Pleafe Y' Excellency Since prepareing [See J. of H. of B., p. 300.] The Refolve of yefterday that the Sum of Two hundred Eighty Three Pounds five fhUlings &c' being read Refolved That the Council Concurs w'h ye Houfe in the aforefaid, And that it be returned to ye Houfe. A Meffage from y Burgeffes by Coll Miles Cary and others who prefent this fol lowing refolve. yb, ye I2th I7QI By y Houfe of Burgeffes The Houfe haveing taken into Confideracon a propofition from his Excy and the Council Yefterday Refolved That it is the Opinion of this Houfe That it is neceffary a Law be made directing what Charges fhall be paid by y6 Publick and what fhall be paid out of his Maj"68 Revenue Ord'd That it be referred to ye Comittee for revifall of the Lawes to confider the faid matter and prepare a Bill concerning the Same. Wm Randolph CI H Burg. His Excy acquainting . . . [See J. of H. of B., p. 301.] A Meffage from the Burgeffes to his Excy and the CouncU by Coll Wm Leigh and others who brought the following refolve in anfw' to y6 aforefaid propofition Wednefday ybr 17th 1701 By the Houfe of Burgeffes Refolved That it is the Opinion of this Houfe That it wUl be for his Maj"68 Service and y6 Intereft of this Colony that his Maj"6' Ship y6 Lyncoln and his Maj"68 Ship the Shoreham be joyned together and to go in One ffleet. Refolved. That it is the Opinion of this Houfe That it is proper to lay an Embargoe vpon all Ships Outward bound to Stay, and take Convoy under the aforefaid Ships Wm Randolph CI H : Burg. Refolved That his Excy and y CouncU Concurr wth the Houfe in y6 above refolve, and that an Ord' be drawn for that purpofe to Stop the Ships 8c Veffels bound for England untUl y fifteenth of Odober next. Councill adjourned till to Morrow Morning Nine of the Clock. Thurfday (3H) Thurfday 1 8th Sep*. 1 70 1 Prefent TT TM BYRD, Edm* Jenings, John Lightfoot, Robert Carter, James Blair Efq" 1/1/ A Meffage from the Burgeffes by Coll Wm Leigh and others. * w May it Pleafe y Hon'3 Wee are comanded by the Houfe to waite vpon y' Hon" and to prefent an Addrefs drawn by the Houfe to His Moft Sacred Maj"e concerning y6 matt" relateing to New York, and they thereto pray yr Hon" concurrence. Matt: Page Efq' added The Addrefs to his moft Sacred Maj"e read the firft time and Ordered a Second reading. A Meffage from the Burgeffes by Coll Wm Leigh and Others May it Pleafe Y' Hon" Wee are Comanded by y6 Houfe of Burgeffes to waite vpon y Hon" and to prefent an Addrefs made by y Houfe to his Moft Sacred Maj"6 wherein they reprefent to his Maj"6 that they have Appointed M' Wm Byrd Jun. their Agent and they pray y Hon" Concurrence thereto. Council adjourned till to Morrow Morning Nine of y6 Clock Fry day ye 19th Sep* 1701 Prefent HIS Excy, Wm Byrd, Edm* Jenings, John Lightfoot, Matt: Page, Robert Carter, James Blair Efq" A Meffage from y6 Burgeffes by M' Rob* Beverley and Others. May it Pleafe y Excy & Hon" Wee are Comanded by the Houfe of Burgeffes to lay before y Excy & Hon" M' Treafurers Ace" and pray y Excy & Hon" Concurrence His Excy Abfent A Meffage from y6 Burgeffes by Coll Miles Cary and Others. Wee are Comanded by the Houfe of Burgeffes to waite vpon y Hon" and to lay before you a BUl Entituled An Ad giveing further direccons in building y Capitoll and for building a Publick Prifon. Alfo a BUl continueing ye Acts Laying Impofitions upon Liquors Serv" and Slaves untill y6 25th Decemb' 1703 to both which BiUs they pray y Hon" Concurrence Wee are further Comanded to Acquaint y Hon" that the Houfe have nothing more that now Ues before them OrderedThat y6 Clk of y6 Gen" Affembly carry to the Houfe of Burgeffes this following Meffage in writeing By the Council M' Speaker & Gent, of y Houfe of Burgeffes The Council have [See J. of H. of B., p. 303.] His Excy Prefent Ordered That the Proceedings of his Excy and the Council heretofore had concerning forti ficacons and the Securety and defence of this his Maj"es Colony be laid before y6 Houfe of Burgeffes and that they deliver their Opinion therevpon. And aUo to acquaint the Houfe that his Excy does not find that the Houfe have made any direct Anfw' to y6 Propofition concerneing an Addrefs to be made to his Maj"e that two Engeneers, or Fire Maft" well Skilled in Manageing Mortar Pieces Granades and all fire workes for Shipps in Warr may be fent hither, and aU materiaUs for that purpofe, w'h Granadeer & Dragoon Armes which his Excy Expects His (312 ) His Excy Abfent A Meffage from y Burgeffes by L' Coll Wm Gough. An Anfwer to y Council Meffage as foUoweth Fryday "jbr 19th 1701 By the Houfe of Burgeffes May it Pleafe y Hon" In anfwer to y Hon" Meffage [See J. of H. of B., p. 303.] By the Houfe of Burgeffes Refolved That it is the Opmion of this Houfe that this Country is not of abUity to build any fortificacons and that if it were the benefit would not countervaile y6 Charge. W" Randolph CI H Burg. Wednefday ybT 3d 1701 By y Houfe of Burg. Refolved That it is y Opinion of this Houfe vpon his Excy fifth propofition y' this Countrey is not Able to pay the Charge of Engeeneers and fire Maft", or the materiaUs Suitable fore fire workes and fire Ships W"' Randolph CI H : Burg. Sep' y 19th 1 701 By the Houfe of Burgeffes Ordered That a Copy of y Refolve of this Houfe vpon his Excy fifth propofition be fent as an anfw' to his Excy8 meffage this day and that his Excy be acquainted that the Subject matter thereof was not wiUfully Omitted in o' Addrefs W"> Randolph CI H Burg. A BUl Entituled an Ad giveing further diredions in building the Capitoll and for building a Publick Prifon read the firft time and Ordered a Second reading. A BUl Continueing y Acts laying impofitions vpon Liquors Servants, & Slaves untill y 2 5th of Decemb' 1 703 read the firft time and Ordered a Second Reading. CouncU adjourned till to Morrow Morning Nine of the Clock Saturday Sep* 20th 1701 Prefent HIS Excy, Wm Byrd, Edm* Jenings, John Lightfoot, Matt Page, Robert Carter, James Blaire Efq" OrderedThat the Clk of y Gen" Affembly doe acquaint the Houfe of Burgeffes. That the Refolve of y Houfe fent Yefterday (wherein they fay, that this Country is not of AbUity to buUd any fortificacons, and that U it were the benefit would not counter- vaUe the Charge) is not a full Anfw' to the Meffage fent from his Excy and the Council, which requires the Opinion of y Houfe Concerning a Naval force. Whether that is any Securety and defence to this Country as well as concerning Land fortificacons both which were contained in the Paper then fent to the Houfe. And alfo acquaint the Houfe that the Ord' of the Houfe Yefterday concerning his Excy8 fifth propofition is not fully Anfwered, for that propofition never intended that they fhould come in at y Country Charge. But that the Houfe might Joyne in an Humble Addrefs to his Maj"6 That two Engeneers or fire Maft" for warr may be fent hither, with all MateriaUs for that purpofe w"1 Granadeer Armes. And as in another Paper laid before the Houfe Hand Mortars and Granadees fuitable and fitt for them w'h pUtoll powder and pUtoll bullets all which is by his Excy and the CouncU thought to be much for his Majtiea Service and Intereft and the Safety and Securety of this Country — Council Adjourned tUl Munday Morning Nine of the Clock. Munday (313) Munday Sep* 22? 1701 Prefent T T YM BYRD, Edm* Jenings, Robert Carter, James Blair Efq" 1/1/ Ordered * ' That y6 Clk of y Gen" Affembly do go to y Houfe of Burgeffes and Comand their attendance vpon his Excy in Council Burgeffes Attend His Excy Expreffed himfelve thus M' Speaker and Gentlemen of y Houfe of Burg Y' Refolve of y6 17th inf' [See J. of H. of B., pp. 304-6.] Ordered That the Meffage prepared on Saturday laft be fent to y Houfe of Burgeffes, be delivered into y6 Houfe to Morrow Morning Council Adjourned tiU to Morrow Morning Nine of the Clock Tuefday 23? Sep*. 1701 Prefent j [" T YM BYRD, Edmd Jenings, Robert Carter, James Blair Efq" 1/1/ A BUl Entituled an Ad giveing further diredions in building the Capitoll ww <$• for building a Publick Prifon read y Second time & Comitted for Amend ments. A BUl Continueing ye Acts laying impofition vpon Liquors Servants and Slaves untUl the 25th December 1703 read the Second time and Ordered a third Reading. A BUl Entituled An Ad for Quieting y Poffeffion of feverall Perfons feated w'Hn y bounds ofy Land Laid out for y* Pamunkey Indians agreed to by the CouncU and Ordered that the BiU do Pafs. Council adjourned tUl to Morrow Morning Nine of the Clock Wednefday 24th Sep* 1701 P'fent HIS Excy, W'" Byrd, Edm* Jenings, Robert Carter, James Blair Efq" A Meffage from the Houfe of Burgeffes by CoU Miles Cary and Others. May it Pleafe Y' Excy Wee are Comanded by y6 Houfe to waite vpon y Excy & to acquaint y Excy y' y houfe have prepared an Addrefs and defire to know when y Excy wiU pleafe to Appoint a tune to have the Same prefented. To w°b his Excy replyed, now if they pleafe The Speaker and the Houfe of Burg, attending vpon his Excy & y CouncU in y CouncU Chamber. The Speaker Expreffed himfelve thus May it Pleafe Y' Excy Wee his Maj'lea .... [See J. of H. of B., pp. 307-8.] To vr* his Excy expreffed himfelfe Thus. Gentlemen You have in y6 Latter part of yo' Addrefs tyed me Up from Anf wearing to ye pre- mUes tUl I fee y6 BUl therein Menconed, w* you fay fhall be dUpatched w'h all Expedicon But you muft give me leave to make this Obfervacion that as concerning the Character you give of my Valour & Conduct as you are pleafed to terme it, I fhall By Gods Affift ance) as Long as I continue in this Station, make it my Study and Endeavours to Merrit that High Character. And (3H) And perceiveing that noe Arguements or reafons will convince you but Ocular demonftracons, I hope if Such a thing Should happen that this Country (wch God forbid) Should be Invaded by y6 ffrench I fhall have y6 Hon' to fight in the Head of You. 24th Sep' 1 701 A Bill Continueing y6 Acts laying Impofition Upon Liquors, Servants and Slaves, Untill ye 25th of December 1703. Read the Third Time and Agreed to by the Council. Refolved That y6 bill doe Pafs. Ordered That y6 Clerk of y6 Gen" Affembly doe Carry y6 Said bill to ye Houfe of Burgeffes and Acquaint them that y6 Council have confented thereto w'hout Any Amendment. A BUl Entituled an Ad Giveing further diredions in Building y Capitoll and for building a Publick Prifon Read the third time w'h y6 Amendm" Refolved That ye Bill wth ye Amendm" doe Pafs Ordered That y Clerk of ye Gen" Affembly doe Carry y6 Sd Bills to y6 Houfe of Burgeffes and Acq' them that y6 Council have Agreed thereto wth fome Amendm" which they herewith Send and defire the Concurrence of the Houfe. Ordered. That ye Clerk of the Gen" Affembly carry to the Houfe of Burgeffes y Bill Entituled An Ad For Quietting y Poffefcon of Sev" perfons Seated w'Hn the bounds of y Land laid out for y Pomonkey Indians, and Acq' them that y6 Council have Agreed thereto w'hout Any Amendments. Coll : Carters Acco"8 Affented to by his Excy And the CouncU. Ordered That y6 Clerk of the Gen" Affembly doe Carry to the Houfe of Burgeffes (Viz') That y Council have now Under their Confideration the two Addreffes Made by the Houfe of Burgeffes to his Moft Sacred Maj"6 Dated the i8'h Inftant both wch they Pray y6 Councils Concurrence. The Council defired an Imediate Free Conferrence may be thereupon had by three of their Members, w'h Such a Convenient Number of ye Burgeffes as the Houfe ShaU think fit to be held in the Council Chamber it being in their Apprehencon the Shorteft Way to come to a Conclufion in thofe Affaires OrderedThat Edm* Jenings Efqr Robert Carter Efq' & the Reverend James Blair Efq" Manage the Conferrence. A Meffage by Coll : Leigh and Others from y Houfe of Burgeffes. Jonathan Gladman and Hen'y Forty their petition laid before y6 Houfe of Burgeffes. The Claufe of Govern' Blackiftone Lett' reffered by his Excy to ye Houfe of Burgeffes. A Meffage from y6 Houfe of Burgeffes by CoU : Wm Leigh and Others. Wee are Comanded by y6 Houfe to waite Upon Your Hon" & to prefent a Bill Entituled an Ad for Levying And Armeing an Effedual force in time of Danger, And thereto pray yo' Hon" Concurrence. Read the firft time and Ordered a Second Reading Wee are further Comanded to Acq' Yo' Hon" that wee have Comunicated to y Houfe what yo' Hon" were pleafed to fay Unto us in y Conferrence concerning y Addreffes to his Moft Sacred Majtle and Are Comanded to Acq' Yo' Hon" that y former Refolve of ye Houfe being that y6 Addrefs to his Maj"6 Should Containe aU Neceffary Matter the Houfe cannot refide [recede] from it Council Adjourn'd till to Morrow Morning Nine of the Clock. Thurfday (315) Thurfday 25th Sep* 1701 Prefent TT7M BYRD, Edm* Jenings, Robert Carter, James Blair Efq" 1/1/ A BUl Entituled an Ad giveing further diredions in Building y Capitol w w an& for Building a Publick Prifon Agreed to w'h ye Amendm" Ordered That y6 Clerk of y Gen" Affembly returne y6 Sd bill to y6 Houfe of Burgeffes and Acq' them therewith. His Excy Prefent A Meffage from y6 Houfe of Burgeffes to his Excy and the Council by Cap' Harrifon and others May it pleafe Yo' Excy I am Comanded by y6 Houfe to waite Upon Yo' Excy and to prefent yc Excy w'h a Meffage w'h a refolve of y Houfe in Anfwear to yo' Excys Speech, concerning yo' Excy* fifth propoficon. I am alfo Comanded to prefent yo' Excy w'h a Refolve of y6 Houfe in Anfwear to yo' Excy8 Meffage concerning a NavaU force. Ordered That y6 Clerk of ye Gen" Affembly Acq' the Houfe of Burgeffes that ye Gentlemen of ye Council who Yefterday held a Conferrence w'h fome of y6 Members of y6 Houfe of Burgeffes, defire that ye Conferrence may be now forthwith continued upon y6 Same Subject in y6 Same place. His Excy Abfent Edm* Jenings Efq' from y6 Conferrence w'h the Burgeffes mad report that Upon Conferrence w'h the Burgeffes Upon y6 Addrefs to y6 King, they had come to a refolucon of Makeing Sev" Amendm" and y6 Same were comited to be drawne againft to Morrow Morning, According to ye Refolve by y Honble Rob' Carter Efq' and ye Rev1 James Blair Efq' And He further Made report that y6 Council had Agreed to y6 Addrefs concerning y Agent. Council Adjourned tUl to Morrow Morning Nine of y6 Clock. Fry day ye 26th Sep* 1701 "T TT YM BYRD, Edm* Jening, Robert Carter, James Blair Efq" 1/1/ A Meffage from y6 houfe of Burgeffes by Cap' Jos: ffofter and Others w w who prefent ye following Meffage ffryday 26th Sep' 1701 By y Houfe of Burgeffes May it pleafe Yo' Hon" Wee have noe Manner [See J. of H. of B., p. 311.] A BUl Entituled an Ad for y Leavying and Arming an Effedual force in time of danger Read the Second time and Comitted for Amendments to Edmund Jening Efq' Ordered That y6 Clerk of y6 Gen" Affembly Acq' y6 Houfe of Burgeffes, that ye Council have now y6 Book of Claimes and [after] their confideracon defires y Houfe to Send them all y6 papers relateing to y Claimes of Wm Holt, Richard Faffaker 8c Sam" Todd of Stafford County Ordered That ye Clerk of y6 Gen" Affembly carry this foUowing refolve to y6 Houfe of Burgeffes Refolved That y6 Sev" proceedings of y6 Houfe of Burgeffes concerning Black Water 8c Pomon key Neck Lands be Agreed to Except only the laft Claufe in Page ye Sixth and y6 Refolve thereupon (316) thereupon in Page Seaventh w01" wee take to be a divifion in Matter of Right and not heareing any of y6 Arguem" Ufed and laid downe cannot determine that Poynt, and therefore propofe that they be Expunged. OrderedThat y6 Clerk of y Gen" Affembly acq' The Houfe of Burgeffes that y6 CouncU Affent to y6 Book of Claimes, Provided the Sum of One hundred forty Six pound Eight ShUlings and three pence Sterl: formerly laid before the Houfe, Paid by M' Auditer for Sev" Difburfm" and the Sum of Sixty three pounds Sterl: paid to M' Hen'y Tyler, for Sixty Three Acre of Land Adjoyneing to y6 City of Williamfburgh to y Lots Affigned for the Govern" Houfe to be thereunto added, OrderedThat y6 Clerk of y6 Gen" Affembly Acq' y6 Houfe of Burgeffes that y6 Refolve of y Houfe of y6 Third, fifth & Ninth of Sep' 1701. Relateing to y6 Revifal of y Lawes Are Agreed to w'h this Addition that in Cafe either of y6 Affiftants or Clerk Should happen to dye, or be uncapable to perform And finUh y6 Same, that then he be confidered & paid proporconably for ye Service he has done & y' Whofoever ShaU funifh y6 Same fhall be Allowed and paid y Remainder. The Council being very Sencably that Robert Pafley is not Capable nor Able to dUcharge y6 Office of Interpreter to y6 Pomonkey Indians, And they not knowing Any fit for that Service, propofes y Houfe of Burgeffes to Nominate one wch they think fit to performe it, if they think there is any Neceffaty for Such a One. A Meffage by Cap' Harrifon from yc Houfe of Burgeffes May it pleafe Yo' Hon" I Am Comanded by y6 Houfe to Acq' Yo' Hon" that y6 Houfe have Agree 'd to yo' Hon" Addition made to y6 Refolve of ye Houfe concerning Allowances to y Revifall and Accordingly Added y6 Same. Ordered That y fame be Agree 'd to by y Council and returne to y Houfe of Burgeffes. I am Alfo Comanded by y Houfe to Acq' Yo' Hon" that y Houfe cannot Agree to y6 two Artickles propofed by yo' Hon" of One hundred forty Six pounds Eight Shillings & three pence, and Sixty three pounds and pray that yo' Hon" wUl pleafe to pafs Without CouncU Adjourned till to Morrow Morning Nine of y6 Clock. Satterday 27 th Sep*. 1701. Prefent X X T^- BYRD, Edm* Jenings, Rob' Carter, James Blair Efq" 1/1/ A Meffage to y6 Council by Coll Wm Leigh and Others from y Hous of w w Burgeffes. Who prefent y following Refolve Sep' 27th 1 701. By y Houfe of Burgeffes In Anfwear to yo' Hon" Meffage [See J. of H. of B., pp. 316-7.] A Meffage to ye Council by L' Coll : Miles Cary 8c Others from y6 Houfe of Burgeffes. May it Pleafe Yo' Hon" Wee are Comanded by y6 Houfe of Burgeffes to Acq' Yo' Hon" that y6 Houfe have Agreed to y6 Amendm" made by yo' Hon" to y Addrefs to his Sacred Maj"6 Concerning y BuUfinefs of New York, and have Ordered y6 Same to be drawn ffaire. Saturday Sep' 27th 1701. By y Houfe of Burgeffes Refolved and Accordingly Ordered That M' Treafurer out of y6 Monys in his hands for y6 Impofitions of Liquors by y firft Conveniency remitt unto M' Wm Byrd our Agent in England y6 Sum of Three hundred pound (317) pound Sterl: to be Imployed and made Ufe of as Occafion requires in Solifiting our Addrefs to his Maj"6 and in Carrying on the binffinefs of ye Agency Comitted to his Charge Wm Randolph CI H Burg: Ordered That y6 Clerk of y Gen" Affembly carry this Meffage to ye Houfe of Burgeffes (Viz*) By the Council 27th Sep' 1701. M' Speaker and Gentlemen of y Houfe of Burgeffes Wee have yo' Anfwear . . [See J. of H. of B., pp. 321-2.] Saturday 27 th Septem 1701. By y Houfe of Burgeffes RefolvedThat this Houfe doth adhere to y6 laft of their Refolves Concerning Black Water and Pomonkey Neck Lands, for y6 dividing Six Thoufand one hundred Sixty Acres of Land between John Buckner and Chichely Corbin Thacker. Ordered That a Copy of this Refolve be carryed to y6 Council and their Hon" be defired to pafs all the Refolves Relateing to Black Water and Pomonkey Neck Land w'hout Any further refference. Wm Randolph CI: H Burg: Ordered That y Clerke of y6 Gen" Affembly goe to y6 Houfe of Burgeffes and Acq' that his Excy Comands the Imediate Attendance of the Houfe. The Houfe Attending. His Excy Expreffed himfelfe Thus. Gentlemen I am heartily Sorry . [See J. of H. of B., pp. 318-21.] His Excy Abfent OrderedThat y Clerk of y Gen" Affembly Acq' y6 Houfe of Burgeffes That, Whereas a Bill hath been prepared this Seffion of Affembly, Entituled an Ad for y more Effeduall Apprehending and Outlying Negroe who hath Comitted divers Robberies and Offences, w6*1 Negroe is Since come in and Surrendered himfelfe and is now here in y Cuftody of y6 Sheriff of James City County, The Same is recomended to y6 houfe of Burgeffes for their Opinion what is to be done w'h him. A Meffage from y6 houfe of Burgeffes to his Excy and y6 CouncU by M' Gideon Macon 8c Others. May it pleafe Yo' Excy and Hon" Wee are Comanded by y houfe to returne this Anfwear to yo' Excy and Hon" Meffage concerning the Negroe Saturday jb" 27th 1701. By fhe Houfe of Burgeffes RefolvedThat it is y Opinion of this Houfe that if one bill wch hath paffed y CouncU and Burgeffes this Seffion, Entituled an Ad for y More Effeduall Apprehending an Outlying Negroe who hath Comitted divers Robberies & Offences, be Affented to by his Excy it doth Sufficiently provide & direct what Shall be done w'h ye Sd Negroe. Council Adjourn'd tUl Munday Morning Nine of y6 Clock. Munday (318) Munday 2 9l.h Sep* 1701 Prefent HIS Excy, Wm Byrd, Edm* Jenings, Rob' Carter, James Blair Efq" Ordered That y6 Clerke of y6 Gen11 Affembly Acq' the Houfe of Burgeffes that his Excy Comands y6 Imediate Attendance of y Whole Houfe Upon his Excy in the CouncU Chamber, and to bring with them w' BUls they have ready prepared for his Excy to pafs. A Meffage from y Houfe of Burgeffes by M' Weftcomb and Others Who broughtt to y Council, An Engroffed Bill Entituled An Ad for y More Apprehending an Outlying Negroe who hath Comitted Divers Robberies and Offences. An Engroffed Bill Entituled an Ad giveing power to y Sheriffs Attending y Gen" Courts to Sumon Jurors & Evidences w'Hn y City of WUliamfBourgh and halfe a Mile Round y Same. An Engroffed BUl Entituled an Ad for y better Strengthening fhe ffrontiers, and difcovering y Approaches of an Enimy. Which were all Read and Compared w'h ye Originalls and found Agreeable thereunto. The Houfe of Burgeffes Attending his Excy — M' Speaker Expreffed himfelfe Thus May it pleafe Yo' Excy Wee his Maj"68 Moft Loyall and Dutifull Subjects The Burgeffes, In Obedience to yo' Excy8 Command do now Attend Yo' Excy and Prefent to yo' Excy Three BUls Affented to by his Maj"68 Honble CouncU this Seffion of Affembly, And to Submit to yo' Excy' prudence for Approbation and they are. (i) An Ad for y better Strengthening y ffrontiers and difcovering y Approaches of an Enimy, (2) An Ad for y more Effedual Apprehending an Outlying Negroe, Who hath comitted divers Robberies and Offences, (3) An Ad Giveing Power to y Sheriffs Attending fhe Gen" Courts to Sumons Jurors and Evidences w'Hn the City of WUliamfburgh, and a half a Mile Round y Same To all wch Aforefd Acts his Excy was Pleafed to give his Affent, And y6 Same were Signed by his Excy and M' Speaker. After wcb His Excy Expreffed himfelfe to y6 Houfe of Burgeffes Thus. Gentlemen I hope in God [See J. of H. of B., p. 323.] A Meffage from y6 Burgeffes to his Excy by M' Miles Cary and Others. May it pleafe yo' Excy Wee are Comanded by yc Houfe of Burgeffes to Acq' yo' Excy that y Houfe have prepared an Addrefs to yo' Excy And pray to know the time when y6 Houfe w'h their Speaker may Attend yo' Excy to Prefent it. His Excy Anf wear ed, now U they Pleafe The Houfe attending M' Speaker Expreffed himfelfe Thus May it Pleafe Yo' Excy Wee his Maj"e8 Moft Loyall [See J. of H. of B., pp. 324-5.] Meffage by Mr Beverly and Others who p'fent y foUowing Refolve, concerning y BUl for Levying & Arming an Effectual force in time of Danger. By fhe Houfe of Burgeffes. Munday Sep' 29th 1701. In Anfwer to yo' Hon" Meffage [See J. of H. of B., pp. 323-4.] By the Houfe of Burgeffes RefolvedThat y6 Houfe doth Agree to joyne w'h a Corhittee of ye CouncU to fee what hath been done w'h his Maj"68 Governm' of New Yorke and the five Nations of Indians. Wm Randolph CI: Ho: Burg: Edm* (319) Edm* Jenings Efq' Rob* Carter Efq' and the Rev* James Blair to Manage y6 Comittee. Ordered.That y Clerk of y Gen" Affembly acq' y6 Houfe of Burgeffes, that Three of y Honble CouncU are Appointed to joyne in a Comittee w'h a Convenient Number of y* Houfe of Burgeffes to make Search and Inquiry what hath been done in his Maj"68 Governm' of New York and the five Nations of Indians Imediately in y6 CouncU Chamber. And AUo that y Council defire a Conferrence Upon ye Subject Matter of y BiU Entituled An Ad for Levying and Arming an Effedual force in time of danger, Upon their Amendments Made thereto; and yo' Anfwear thereupon, by three of y CouncU w'h a Convenient Number Of the Burgeffes forthw'h in y6 CouncU Chamber AUo a Conferrence upon y Book of Claimes. Meffage to the CouncU by M' Cary 8c Others, to Acq' their Hon" that they were Appomted by the Houfe of Burgeffes in Anfwear to yo' Hon" Meffage to Conffer wtb their Hon" About y Book of Claimes. Meffage to y6 CouncU by M' Beverly and Others to Acq' their Hon" that they were appoynted by the Houfe of Burgeffes purfuant to their Hon" Meffage to joyne in a Comittee to Serch and Inquire what hath been done in his Maj"68 Governm' of New York and w01 the ffive Nation of Indians. Meffage to y Council by M' Bland and Others to acq' their Hon" that they were Appointed by y Houfe of Burgeffes, purfuant to their Hon" Meffage to joyn in a Confferance About a BiU Entitulled an Ad for Levying and Arming an Effeduall force in time of Danger. Tuefday Ult: Sep* 1 7 o i . Prefent T T YM BYRD, Edm* Jenings, Robert Carter, James Blair Efq" 1/1/ The Honblc Edm* Jenings Efq' from y Committee Acq' y Houfe that w w they had Acquainted the Gentlmn of y6 Houfe of Burgeffes, w'h all y6 Matters relateing to y6 Artickles of Agreem' Made w'h the five Nations of Indians at Albany, w"1 the proceedings of Govern' ffletcher the Lords Juftices Inftructions thereto relateing, And that they replyed they would Acq' y Houfe w'h it. And from y Conferrance Upon y BUl Entituled an Ad for Levying and Armeing an Effedual force In time of danger, that they had laid downe aU the Arguements and reafons they could for Expungeing the Claufe as menconed in y6 Amendm": they Anfweared, they had Only Comicon to hear our reafons for ye Expungeing of it, and would report it to y6 Houfe. And from y6 Conferrence Upon yc Claimes, that they had given all y6 reafons they could frame to Induce y Burgeffes, to Allow the two Articles, they Anfwered the Houfe had refolved it was no Country Charge, that they were of Oppinion it was time Enough to purchafe Land Adjoyneing, when they went About Building y Houfe, that when y* Towne was Built, they might find Land in y6 Town. About y6 Charge to y6 Pyrates, fome was for Other Ufes, and Upon the Whole they thought it noe Country Charge. By His Excy OrderedThat y6 Clerk of y6 Gen" Affembly Acq' y6 Houfe of Burgeffes, w' his Excy recomends to y6 Houfe to Send forthwith to his Excy and the Council the Order (mentioned in their Addrefs of Yefterday) y' y6 Truftees of y6 City of WilliamfBurgh doe w"1 aU Expedicon Make a Tender of y6 Mony due to Each proprietor concerned in y6 Sd Land taken Up for y6 Sd City &c' that it may pafs by his Excy and the CouncU, Refolved Upon further Confideracon had of y6 Two laft Claufes of y refolves of y6 Houfe of Burgeffes Page Six & Seven concerning Black Water 8c Pomonkey Neck Lands, and ye proceeding (320 ) proceeding of ye Affembly And 1699 thereto relateing and finding y Sd Affembly had Adjudged Two Thoufand Acres to y6 Sd Mallory and Three Thoufand Five hundred to Chickly Corbin Thacker, The CouncU Confents & Concurrs to y6 Sd Refolves, this Claufe being Added to y6 End of ye Sd Refolve. Ordered That y Clerk of y Gen" Affembly acq' the Houfe of Burgeffes w'h this Refolve. Ordered That the Clerk of ye Gen" Affembly acq' y Houfe of Burgeffes, that his Excy cannot be of their Opinion that ye Sum of Sixty three pounds for y6 purchafe of Sixty three Acres of Land &c' and the Sum of One hundred forty Six Pounds five Shillings & three pence Paid by M' Auditor Byrd for Sev" difburfm" &c' for it is his Excy Opinion y fame is as much a Country Charge as any within the Book of Claimes, and therefore infifts that thefe be fome way or other Sattisfied by the Publick 8c if he did not doe foe, fhould Judge himfelfe Guilty of Unfaithfullnefs to his moft Sacred Majeftie. By fhe Council M' Speaker & Genti of y Houfe of Burgeffes Wee have before us [See J. of H. of B., p. 327, line 28.] By y HonbU Council M' Speaker & Genti of y Houfe of Burgeffes Wee hope for ye reafons . . . . [See J. of H. of B., p. 327, line 15.] Ordered. That y6 Clerk of ye Gen" Affembly acq' y Houfe w'h this Meffage. By His Excy Ordered That y Clerk of y Gen" Affembly acq' the Houfe of Burgeffes that his Ex6* thinks . . [See J. of H. of B., p. 327, line 37.] A Meffage to his Excy by Mr Beverly and Others May it pleafe yo' Excy Wee are Comanded by y houfe of Burgeffes to return an Anfwear to yo' Excy' Meffage, concerning joyning in a Comittee w'h y6 CouncU to Confider w' is proper to be write to y Govern' of New Yorke and to prefent this refolve in Anfwear. Tuefday Sep' 30th 1701. By y Houfe of Burgeffes Refolved Nemine Contra dicente That it is y6 Opinion of this Houfe That it is noe Concerne of this houfe to Comunicate their proceedings to y Govern- m' of New Yorke upon his Maj"68 Royall Letter of y6 19th Jan'y 1701. and therefore they Humbly defire to be Excufed that they Cannot Agree to joyne in a Committee w11* y6 CouncU According to his Excy8 propofaUs for Confi-ring [confidering] what is proper to be writt to that Governm' Peter Beverly Speaker Alfo he prefented an Order About y Money to be paid to y Propriet" of y6 Land taken Up for ye City of Williamfburgh Tuefday Sep' 30th 1701. By y Houfe of Burgeffes Ordered That a Conferrence be defired wth y6 CouncU concerning Suitable Inftructions on a Lett' to y6 Agent Wm Randolph CI: H Burg: By his Excy Upon which his Excy Comanded y6 Clerk of y6 Gen" Affembly to write downe that Since his Excy had Sent to ye Houfe a Meffage to defire them to joyne in a Comittee w'h y CouncU to Confider what is proper to be write to y6 Governer of New Yorke in relacon of (321 ) of his Maj"ea Lett' of yc 19th Jan'y 1701. Concerning the Nine hundred pounds and a Quota of Men &c' wch Comittee they refufe« his Excy therefore thinks it not for his Maj"68 Service and Intereft for y6 Council to joyn in a Conferrence w'h y6 Burgeffes concerning Suitable Inftructions and a Letter to their Agent but y6 Quite Contrary haveing Already Agree* d to an Addrefs. Tuefday Sep' 30th 1701. By the Houfe of Burgeffes Refolved That y6 Houfe do not Agree to Any of y6 Propoficons of y6 Council at ye Conferrence to y6 Amendm" of ye Bill Entituled An Ad for Levying and Arming an Effedual force in time of danger. Wm Randolph CI : H Burgeffes OrderedThat a Copie of y6 Sd Refolve be Sent to yc Council and y' their Hon" be defired to pafs y bill wth Such Amendments, Only as y6 Houfe hath Agreed to. Wm Randolph CI: H Burg: By the HonbU Council Refolved The Council doe infift upon their Amendm" Made to y6 Bill Entituled An Ad for Levying and Arming An Effeduall force in time of Danger, and defire y6 Houfe to Agree thereunto. The Council Confents to y6 Ord' of y6 Houfe of Burgeffes About ye Mony to be paid to y Proprietors of ye Land taken Up for y6 City of WilliamBurgh. Meffage from y6 Houfe of Burgeffes by M' Beverley 8c Others to defire y6 Councils Confent to y6 Refolves of y6 Houfe of Burgeffes concerning Blackwater and Pomonkey Neck Lands. Refolves of y6 Houfe of Burgeffes concerning Black Water 8c Pomonkey Neck Lands Agreed to by y6 Council, and Ordered to be remitted to ye Houfe; To his Excy Francis Nicholfon Efq' his Maj'"3 L' and Governer Gen" of Virginia. May it Pleafe Yo' Excy Haveing now before us y6 Meffage of ye Houfe of Burg : of this day wherein they defire a Conferrence w'h us concerning Suitable Inftructions & a Letter to y6 Agent And yo' Excy haveing Caufed an Entry to be made on y6 JournaU, wherein yo' Excy Signifies y' Since yo' Excy had Sent to y6 Houfe a Meffage, to defire them to joyne in a Committee w'h y6 CouncU to Confider what is proper to be writt to ye Govern' of New York in relation to his Maj"68 Lett' of y6 19th Jan'y 1701. Concerning y6 Nine hundred pounds and a Quota of Men &c' •wcb Committee they refufeing Yo' Excy therefore thinks it not for his Maj"68 Service and Intereft, for y6 CouncU to joyne in a Conferrence w'h the Burgeffes. concerning Suitable Inftructions, & a Letter to their Agent, but ye Quite Contrary, the CouncU haveing Already Agreed to an Addrefs. Upon Confideracon whereof wee humbly begg Leave to reprefent to yo' Excy That we are Already foe farr Engaged in y6 Said Affaire of y6 Agent, w'h y6 Houfe of Burgeffes that wee have not Only Agreed to y6 Nomination of him and to an Addrefs to his Moft Sacred Majtie For y Admitting him as Such, And to Another Addrefs to be by him prefented to his Maj"6 in anfwear to his Maj"e8 Letter concerning y6 Affaire of New York but Alfoe have promUed in Conferrence to joyne wth the Houfe of Burgeffes in drawing Inftruction for y Sd Agent, & therefore cannot Conceive how we can now reced w^out tranfgreffing y Rules of Affemblyes and foe hazarding a Breach w'h y Houfe of Bur geffes, w* wee humbly conceive would be both to his Maj"ee Your Excy8 and y6 Countryes Difervice. And therefore humbly pray Yo' Excy to Entertaine a favourable Opinion of us if wee proceed to Comply w'h our former Refolves & promifes to y6 Houfe of Burgeffes in that Matter Affureing yo' Excy that wee will take Speciall Care to Admitt of no Inftruction to y Said Agent, that may in y6 leaft derogate from his Maj"e8 Service or Intereft, and the due refpedts wee Owe to yor Excy6B Perfon & Charter [Character?] Sep' y6 30th 1 701. By Order of y6 Council Dionifius Wright: CI: Gen" Affembly Wednefday (322 ) Wednefday Prym0 October 1701. Prefent T T" "YM BYRD, Edm* Jenings, Robert Carter, James Blair Efq" 1/1/ The Refolve of y6 Houfe of Burgeffes of y6 17th of Sep' laft paft in their w ¥ Addrefs to his Exy, on y6 back Side of y6 Addrefs of y 16"1 Sep' laft paft Agreed to by y6 CouncU and Ordered to be returned to y Houfe, Meffage from y Houfe of Burgeffes to y6 CouncU by L' CoU Miles Cary and Others. May it pleafe yo' Hon" Wee are Comanded by y6 Houfe to deliver to yo' Hon" this Meffage By the Houfe of Burgeffes May it Pleafe yo' Hon" Haveing Spent . [See J. of H. of B., p. 328.] By his Excy Upon that part .... [See J. of H. of B., p. 329.] Ordered That y6 Clerk of y6 Gen" Affembly Acq' ye Houfe of Burgeffes that his Excy comands them to fend all y Refolves & Ordinances of Affembly that hath paffed y CouncU & y Houfe of Burgeffes this Seffion that they may receive y6 Affent of his Excy: His Excy hath Alfo fent to ye Houfe of Burgeffes for their perufuall of his Excy' Comands, to y6 Honble Wm Byrd Efq' Colonel & Comander in Cheife of all y6 MUitia Horfe & Foot in ye Counties of Hnrico 8c Charles Citty wcb his Excy Intends, Alfoe to fend to y6 fev" Colonels & Comanders in Cheif of ye Refpedtive Counties in this Colony. By his Excy OrderedThat y6 Clerke of ye Gen" Affembly acq' y6 houfe of Burgeffes that Upon Confidera tion of their Addrefs of y6 29th Sep' laft paft relateing to y6 alterat8 of Counties & Par- rifhes, His Excy is abfolutely of y6 Opinion that if fome fpeedy Method be not taken that Each parrifh may be Able to Maintaine a Minifter themfelves, it wUl be a very great Encouragem' to Irreligion, Profanes, if not Atheifm, And as to y Counties his Excy Suppof es y6 Small ones will find it an Aggrievance by this Years Counties Levy, & that y Houfe Cannot be Unfencable how, unequall & Unproportionall y Counties are in this Neck betwixt James River and York River. By His Excy Ordered That y6 Clerk of y Gen" Affembly Acq' the Houfe of Burgeffes, That his Excy is very willing and defireous that y6 Book of Claimes fhould pafs and Every one to be fully Sattisfied but in refpect y' his Excy finds y' his Meffage of Yefterday to y6 Houfe of Burgeffes (wherein he delivers his Opinion y' ye Sum of Sixty three pounds Sterl: and ye Sum of One hundred forty Six pounds Eight Shillings and three pence Sterl: menconed in ye Sd Meffage is as much a Country Charge as Any w'hin y6 Book of Claimes) is not yett Anfweared by the Houfe, he cannot in Duty to his Moft Sacred Maj"6 pafs y6 Levy Act but propofes this Expedient, that Since it is y Opinion of y6 Houfe that y Same is not a Country Charge, & the Opinion of his Excy & y Council that it is a Country Charge the mony be now difpofited in ye hands of M' Treafurer and his Maj"e to deter mine y6 Poynt in Queftion wch Expedient being Agreed to y6 Book of Claimes fhall Imediately be returned. Meffage to his Excy by M' Harrifon 8c Others May it pleafe yo' Excy Wee are Comanded by ye Houfe of Burgeffes to p'fent to yC Excy Sev" refolves & Ordinances of y6 Houfe for yo' Excy8 Approbacon. Whereupon his Excy figned & affented to (Viz') An Order of y6 Houfe of Burgeffes of Two hundred Eighty three pounds five Shill8 to ye Truftees of y6 Citty of Williamfburgh dated y6 16th Sep' 1701. Refolves (323) Refolves of y Houfe concerning allowance to y RevUaU. An Ordinance of Affembly for Setleing y6 Bounds of Ifle of Wight, Surry, 8c Charles City Counties on y6 South Side Black Water Swamp. An Ordinance of Affembly, prohibiting y6 Ordinary keepers to Entertaine &c' y Workemen Imployed for building ye Capitoll. Refolves Concerning Black Water 8c Pomonkey Neck Lands Order for Tendering y6 Proprietors concerned in y6 Land taken Up for y6 City of Williamfburgh . Meffage to his Excy by Cap' Harriffon 8c Others in Anfwer to his Excy8 Meffage of this day Upon y6 Book of Claimes, concerning y6 Sixty three Pounds, and One hundred fforty Six pounds Eight Shill8 & three pence &c' Wednefday Odober y6 ift 1701. By y Houfe of Burgeffes May it pleafe yo' Excy In Anfwer to yo' Excys Meffage [See J. of H. of B., p. 330.] Meffage to y Council by Cap' Harrifon 8c Others By y Houfe of Burgeffes — May it pleafe yo' Hon" By yo' [our] Meffage in writeing . . [See J. of H. of B., p. 330.] By his Excy Ordered That y6 Clerk of y6 Gen" Affembly carry this Meffage in writeing to y6 houfe of Burgeffes; that his Excy is very well Sattisfied, that he hath Sufficiently declared his Minde to y Houfe, & dUcharged his Duty to his Maj"6 in his Meffage to y Houfe concerning the Book of Claimes, & Since y6 Houfe refufe to have his Moft Sacred Maj"e to determine the Poynt, his Excy muft Stand by it and Cannot pafs y6 Claimes. By his Excy Ordered. That y Clerk of y6 Gen" Affembly carry this following Meffage in writeing to y houfe of Burg: That upon Confideracon of that part of their Addrefs of y 29th Sep' laft paft, wherein they fay they humbly hope thofe Methods they have taken to Anfwear his Maj"6' Royall Comands by an humble Addrefs Agreed Upon between ye Honbl6 Council of this Colony & their Houfe wUl be Gracioufly recd: in y6 Room of a direct complyance in Specie, and y refolve of ye Houfe of y6 19th Sep' laft paft in y Anfwear to y Council Meffage ye Same day That Upon Second Confideracon they Altered their firft intencon of Seperateing y6 Inftructions from y Addrefs & Voted y6 Addrefs fhould Containe all Neceffary Matters, His Excy thereupon Conceives that Affaire is now funifhed, and hopes the Lawes Agreed Upon by his Maj"68 Honble Council and themfelves are now ready for his Excy to Signe, foe that an End may be put to this Seffion. By His Excy8 Comand Dionifius Wright CI Gen" Affembly By fhe HonbU Council M' Speaker & Genti of y Houfe of Burgeffes His Excy8 concurrence .... [See J. of H. of B., p. 330.] Meffage to y6 Council by M' Bland 8c Others concerning returning y Book of Claimes. Wednefday Odob' y6 1" 1701 By y Houfe of Burgeffes In Anfwer to yo' Hon" Meffage ... [See J. of H. of B., p. 331.] By (324) By y Councill — Ordered That ye Clerk of y6 Gen" Affembly acq' y Houfe of Burgeffes, that their Hon" defire to fee y6 Originall Book of Claimes y6 laft Seffion of Affembly. Meffage to y6 Council by L' Coll Miles Cary 8c Others Wee are Comanded by y6 Houfe of Burgeffes to yo' Hon" Meffage, to prefent y Book of Claimes of y6 Laft Seffion of Affembly Meffage to ye Council by L' Coll Miles Cary 8c Others Wee are Comanded by the Houfe of Burgeffes to p'fent to yo' Hon" y Journalls of our Houfe y laft Seffion of Affembly whereby it may appear that our Meffage then Upon ye Book of Claimes was only to defire y6 Concurrence of y Council & alfoe the Book of Claimes By y Council M' Speaker & Gent: of y Houfe of Burg: In Anfwear to one part . . [See J. of H. of B., p. 331, foot of page.] I am alfo Comanded to defire this Houfe to Send to y6 CouncU the Role of Bills that you have prepared for their Hon" to ^ufe & Affent to y6 Same. A Meffage to y6 Council by M' Weftcomb 8c Others Who Brought in a Role of BUls (Viz*) A Bill for divideing King 8c Queen County An Ad continuing Impoficon upon Liquors, Serv'3 & Slaves untill y 25th December 1703- An Ad giveing further diredions in Building y Capitoll and for building a publick prifon. A BiU Entituled an Ad for Quieting y P off ef cons of Sev" Perfons Seated w'Hn y Bounds of y" Land laid out for y Pomonky Indians. All wch were compared w'h y6 originalls & returned to y6 Houfe Meffage from ye Burgeffes to y6 Council by M' Beverly and Others May it pleafe yo' Hon" Wee are Ordered by y6 Houfe to p'fent to yo' Hon'8 and Order of y Houfe to Mr Treafurer, to pay y6 Sev" Alowances made this Seffion of Affembly, to y6 Members Affiftance & Clerk of y6 Comittee for Revifall of y6 Lawes & y Allowances Made to John Revington, for his attendance Upon y6 Said Comittee out of y6 Monyes in his hands Upon ye Impoficon Upon Liquors. Affented to by y6 Council Alfo an Addrefs to his moft Sacred Maj"6 Concerning y6 Affaires of New York Com pared & Agreed to and Signed by y6 Council. Addrefs to his Excy to lay Open Blackwater 8c Pomonkey Neck Lands Agreed to by y Council and his Excy Reffers y time for laying y Same Open till a fuller Council Addrefs to y6 King About y Agent Agreed to and Signed by y6 CouncU Ordered — to return all y6 Above Bills and Addreffes to the Houfe His Excy Propofed to y6 Council whether there is any thing further to be by his Excy Offerred to y6 Houfe of Burgeffes, concerning his Maj"68 Lett' relateing to y6 affaires of N. York or any thing relateing to y6 Safety & Security of this his Maj"68 Colony. Upon Confideracon whereof y6 CouncU are of Opinion that his Excy hath done w' is proper & that it is not for his Maj"68 Service to Urge it any further at this time. His Excy Asking of y6 Council, to what time the Affembly may be prorogued, pro- profes y 12'1, November Next to w6-1 y Council Agrees. By his Excy OrderedThat y6 Clerke of y6 Gen" Affembly Acq' y6 Houfe of Burgeffes, that if they have any thing further to Offer to his Excy for his Maj"68 Service, they doe now doe it, U not, then his Excy in his Maj"68 Name Comand y6 Whole Houfe Imediately to Attend upon his (325) his Excy in Councill in y6 Council Chamber and to bring y BiUs & Roles of Acts they have ready prepared for his Excy to Affent to and Sign About Eleaven a Clock at night Meffage from y6 Burgeffes by M' Beverley & Others to his Excy May it pleafe your Excy Wee are Comanded by y6 Houfe to Acq' your Excy y y6 Houfe haveing Buiffinefs to doe for y6 Countries Service wch they cannot funifh too Night, prays yce Excy8 Con- tinueance till to Morrow. Thurfday ye 2d October 1701. Prefent HIS Excy, Wm Byrd, Edm* Jenings, Rob' Carter, James Blair Efq" A Meffage from y Houfe of Burgeffes to his Excy by Mr Beverly and Others By the Houfe of Burgeffes May it pleafe yo' Excy In Anfwear to yo' Excys Meffages . . . [See J. of H. of B., p. 333, line 8.] A Meffage to y6 Council from ye Houfe of Burgeffes by M' Beverly and Others Thurfday 8b" 2* 1701. By y Houfe of Burgeffes May it pleafe yo' Hon" Haveing defired . . [See J. of H. of B., p. 333, lines 3-6.] Ordered That y6 Clerk of y6 Gen" Affembly Carry this Meffage to y Houfe of Burgeffes By his Excy M' Speaker & Genti of y Houfe of Burgeffes In Anfwear to yo' Meffage . . . . [See J. of H. of B., pp. 333-4-] The Houfe of Burgeffes Attending His Excy was pleafed to Signe thefe following Acts Viz' An Ad Continueing Impofitions Upon Liquors Servants & Slaves untill y 25"' Decemb' 1703. An Ad giveing further diredions in building y Cappitol and for building a Publick Prifon An Ad for divideing King & Queen County But An Ad for Quieting y poffefcon of fev" perfons Seated w'Hn y Bounds of y Land laid out for y Pomonkey Indians being Alfo prefented. His Excy Expreffed himfelfe thus Genti I formerly hinted unto you that I could not pafs This Act, & muft now Againe teU you, that I am very Sorry that any Act confented to by his Maj"es Honble CouncU Should not pafs, but I find this fo very Contrary to y Articles of peace made w'h ye Indians, to all ye Rules Orders & proceedings of the Affemblies here, and more perticularly & Ex- preffly Contrary to y6 Inftructions I recd: from y R' Honble y Ld8 Comiconers of Trade & Plantacon Relateing to that Subject, and to wch I aUoe fent & Laid before yc Houfe that I cannot Affent to it. Then y6 Sev" Orders to y6 Colonells & Corhanders in Cheif of y6 Refpective Counties, in this Colony to New frame & Model y Militia w'h a Specimen directing how to returne y6 Mufter Roll, lying Upon y6 Table — His Excy delivered them as foUoweth. Princefs Anne To M' Mofely Norfolk ToM* Butt Nanzemond (326) Nanzemond . To Cap' Miller, Cap' Dan" Sullivant Ifle-Wight To M< Chiles Surry . . ... To Cap' Nath" Harrifon CHeanrZoCity\ T° r Honb'e W" Byrd EfqI New Kent . To M' Gideon Macon James City To Coll: Ph" Ludwell York County . . Sent To y Honble Edm* Jenings Efq' Warwick .. . To L' Coll : Miles Cary Eliz' City . To Cap' Wm Armeftead King 8c Queen . . To L' Coll : Wm Gough Glocefter To Maj' Peter Beverly Middle Sex .... . . To M' Edwin Thacker Effex. . . .To M' Edmonfon Richmond. .To M' Taylor Stafford .To M' Weftcomb Weftmoreland To M' Weftcomb Northumberland } t ,n huDur ^ u/, r \ . ... To y Honbl6 Rob' Carter Efq' Lancafter.. . j Northampton Accomack. To M' Tully Robbinfon The Comicon to John Lightfoot Efq' is thus — Coll : & Comander in CheU of aU y Militia Horfe and Foot in y County of New Kent (except y' Troop of Horfe Comanded by U Coll: W" Baffett.) Virg" fs* In his Maj"68 Name I wiU & requre you Wm Byrd Efq' One of his Maj"68 Honble Council of this his Maj'i6a moft Ancient and great Colony & Dominion of Virg" and CoU and Comand' in CheU of aU the MUitia horfe and foot in y6 Counties of Henrico and Charles City that fo foon as poffable you caufe a Gen" Muff to be made of ym and if you then find that all men who ought by Law to be lifted are not fo that imediately caufe them to be foe except x'an Servants who are not to appeare in armes for their own Mafters or any Other. The MUitia und' y Comand are to be Horfe and Dragoons and as few foot as poffable each Troop of Horfe to Confift of a Cap' a Liev' Cornet and a Quart' Maft' Three Cor- poralls Thirty Troopers and a Trumpet' each Troop of Dragoons w* are to be armed as foot to Confift of a Cap' Liev' Cornet Three Ser j ants Three Corporalls forty Dragoons and Two Drummers, a Foot Company to Confift of a Cap' Liev' Enfigne, and fity private Sentinalls and Two Drummers, Thefe Numbers in each Troops and Companys are to be muftered where it is practicable If you find that there will be more Troopes & Companies (wcb I fopofe there will) then are at Prefent in y MUitia I doe hereby in his Maj"es Name Impower you to appoint Officers for each Troop & Companie w01* Offic" are to take Charge of y6 fd Troopes & Companies but you are forthwith to fend mee the Names of y fd Offic" that foe they may have Suitable ComUfions from mee. And you are to take Care that y6 faid MUitia und' y Comand be provided with armes and Amunicon according to Law (and to acq' them that his Maj"68 Ship y6 Lyncoln and Shoreham defignes (God WUling) from Kiquotan to England about y Middle of this Month) and that they who are not foe be profecuted according to Law. As foon as you have formed y Militia und' y Comand into Such Troops and Companies you are to fend mee Three LUts of them with CoUums expreffing how they are aremed, y LUts muft be Signed by y'feUe and the Comiffion Officers. What (327) What Charges you are at in getting every Perfon Lifted & for writeing y fd LUts fhall be allowed you in y Ace" you are not to faUe of Complying w'h thefe my Comands Given und' my hand and y6 Seale of this his Maj"68 Colony at his Maj"68 Royall CoUege of Wm 8c Mary this irt day of Odob' 1701 in y6 Thirteenth Yeare of his Maj'168 Reigne. ffr. Nicholfon To y HonbU Wm Byrd Efq' Coll & Comand' in Chief of all y Militia Horfe and Foot in y Counties of Henrico and Charles City. The Specimen of y6 Troops & Company (viz*) Cap' A : B Troop of Horfe Offic" Names Mens Name fwords PUtolls Carabin Powdr Shot Cap' A : B Troop of Dragoons OffiC8 Names Mens Names Swords Mufq" Powd' Shot Cap A: B : Comp*1 of Foot Offic" names Mens Names fwords Mufq' powd' Shot 2d Odob' 1 701 Aft' wch his Excy Expreffed himfeUe thus M' Speaker and Gent, of y Houfe of Burg. I am forry y proceedings of this Affembly hath been fo flack and Burthenfome to y6 Country as it is like to be by Reafon of y long Seffion that there has been fuch a bad Succefs in what I laid before you. Efpecially y' Concerning his Maj"e8 RoyaU Comands for giveing affiftance of men & money to his Maj"6" Province of New York. Gent. I hope you wUl ferioufly Confider the eviU and f ataU Confequences that may attend it as I before laid downe & that therefore at y returne to y fev" Counties you wUl in aU things Endeav' his Maj"e8 Peace & TranquUity of this Country and not Pub lifh or make known y refufall or denyall to Comply w'h his Maj"es aforefaid Royall Comands But U you doe I hope you wUl be foe Juft aUo As to Publifh what I formerly Offered vpon that Occafion for. Gent, you muft know I hold myfelfe fo tyed in Confcience and duty to Obey y Comands of my SoV y' new York fhall never want Money vpon that Occafion as long as I have a penny nor Men as I have y6 Hon' to weare his Maj"e8 Royall ComUfion in this Governm' Gent. I find by y Refolve y' you wUl give me time enough in Cafe of an Alarm Invafion or Infurredtion to raife forces Repell or Subdue ym but I am affraid you will find y6 fad fataU and dangerous confequence of not haveing an Armed force in readynefs And I hope I may have an Oppertunity to fend for you according to y form' Refolves to venture y' lUes and fortunes for y6 fake of y Religion his Maj"68 Intereft and defence of the Country and fhall have the Hon' to fight in y Head of you. Gent. (328) Gent. I thank you for y' Claufe in y Addrefs of the 29th yb' wherein you fay y y BiU for Levying and Armeing an effedtuaU force in time of danger you Conceive is Cleare of any Claufes that can be Conftrued to be repugnant to his Maj"68 Comands to mee or yt Royall authority vefted in his Maj"e which were it in y Power you have hearts too Loyall to dUpute or feek y Diminition of. As aUo for y' Claufe in y Meffage to his Maj"68 Honbl6 Councill of 7br 29th where you fay y' by y words of y' Act before menconed there cannot be made a Queftion in his Maj"68 Prerogative of makeing ufe of his men here for y Defence of his Plantacons where it fhaU be thought neceffary wch I take Gentlemen to be a poftive alteracon of his Maj"68 Authority in y' Cafe. And th6 wee are not now come to fuch a happy Conclufion as might a been wifhed & as indeed his Maj"68 Royall Comands & Intereft Safety and Securety of this Country requires, yet I hope tune and fecond thoughts may effect it at another meeting. And now nothing more remaines but That I prorogue you and you are hereby prorogued untiU y 12"1 of Novemb' next. Dionifius Wright CI Gen" Affembly ATT A GENERALL ASSEMBLY begun at his Majtl3s Royall CoUedge of William and Mary adjoyning to the City oi Williamfburgh the 15* day of Decemb7 1 700 and thence continued by Severall prorogacons Untill Wenefday the 13th day oi May 1702 in the fortieth year of our Sovereigne Lord William ye 3? of England Scotland france and Ireland King Defender ofthe faith &c^ [From the Public Record Office, London, Colonial Office, Clafs 5, Vol. 1409, pp. 569-609.] Att a Generall Affembly begun at his Majtes Royall CoUedge of William and Mary adjoyning to the City oi Williamfburgh the 1 5 1^ day of Decemb7 1700 and thence continued by Severall prorogacons Untill Wenefday the 1 31?1 day of May 1702 in the fortieth year of our Sovereigne Lord William ye 3d of England Scotland france and Ireland King Defender ofthe faith &ca [May the 13th, 1702.] Prefent HIS Excelly Francis Nicholfon Efq' his Maj" Liev' and Govern' Gen" of Vir ginia — Edmund Jennings, John Lightfoot, Matthew Page Efq" His ExceUy having been pleafed by his ComUfion und' the Seale of this Colony to appoint Wm Robertfon Clk of the Gen" Affembly he did accordingly take the Oathes appointed by Act of Parliament to be taken inftead of the Oathes of Sup'macy and AUegiance and Subfcribed the Teft and Affociation appointed by Act of Pariiam' and thereafter took the Oath of Clk of the Gen" Affembly and was ordered to attend accordingly A Rep'fentacon from the Committee appointed to revUe the Lawes being read ordered that the Same be referred to the Confideracon of the R" Worfpple the Houfe of Burgeffes Ordered that the Clk of the Gen" Affembly doe goe to the houfe of Burgeff" and acquaint them that his ExceUy commands their imediate attendance upon his ExceUy in CouncUl in the CouncU chamber. M' Speaker w'h the houfe attending his Excelly Expreffed himfeU thus — Gentlemen I herew'h Give [See J. of H. of B., 1695-1702, p. 337.] The Council Adjourn'd till to morrow morning Eight a Clock — Thurfday May the 14th 1702 Prefent HIS Excelly Francis Nicholfon Efq' &c\ Edmund Jennings, John Lightfoot, Matthew Page, James Blair Efq" Ordered that the Clk of the Gen" Affembly do carry the foUowing meffage to the Houfe of Burgeffes By his ExceUy M' Speaker and Genf of fhe houfe of Burgeff' I fend you [See J. of H. of B., p. 338.] A Meffage from the houfe of Burgeff" to his Excelly by M' Corbin and others May it Pleafe yo' ExceUy Wee are commanded by the houfe of Burgeff* to pray yc ExceUy that a new writt may Ufue for the Election of a Burgefs for King and Queen County in the room of M' Wm Gough Deceafed a new writt for election of a Burgefs for New Kent County in the roome of M' Gideon Macon Deceafed a writt for Election of a Burgefs for princes Ann County in the room of M' John Thoroughgood Deced and a writt for eleccon of two Bur geff" for King William County — Adjourn'd tUl afternoone Poft H (332 ) Poft Mere diem Prefent IS Excelly, Wm Byrd, Edm* Jennings, John Lightfoot Efq" The Council met & being informed that the Houfe of Burgeff' are adjourned for this night the Council alfo Adjourned till tomorrow morning 8 a Clock Fry day May the 15 th 1702 Prefent HIS Excelly, Wm Byrd, Edmund Jennings, John Lightfoot, Matthew Page, James Blair Efq" Ordered that the Clerk of the Gen" Affembly doe carry this following Meffage to the houfe of Burgeff8 By his Excelly and the honbU Council M' Speaker and Genf of fhe houfe of Burgeffes Whereas by an Act . . [See J. of H. of B., pp. 338"9-] A mocon being made that care be taken to p'vent any inconveniences that may happen upon the death of the King or Queen for the time being and before Such death Can be PubUckly notifyed here and alfo for continuing the Gen" Affembly that fhall then happen to be Sitting notwithftanding Such death the honbl6 CouncU tooke the Same imediately into confideracon and after fometime fpent therein the honbl6 Wm Byrd and Matthew Page Efq" and M' Comiffary Blair were appted a Committee to prepare fome propofitions to be laid before the houfe of Burgeffes on that Subject wch being by them accordingly p'pared were read and agreed to by his Excelly and the honble Council OrderedThat the Clerk of the Gen" Affembly do carry this foUowing Meffage to the houfe of Burgeffes — By his Excelly and the honbl' Council — M' Speaker & Gent, of the houfe of Burgeffes Whereas by reafon . . . [See J. of H. of B., p. 340.] Upon reading the Grievances of Charles City County OrderedThat the fame be refferred to the confideracon of the houfe of Burgeffes A Meffage from the houfe of Burgeffes to his Excelly by M' Wm Leigh and others By the houfe of Burgeffes May it pleafe yo' Excellency In anfwer [See J. of H. of B., pp. 340-1.] AUo a meffage to his Excelly and the Honble Council from the houfe of Burgeffes by the Said M' Wm Leigh and others — May it pleafe yo' Excellency and honours The houfe of Burgeffes on confideracon of the propoficons fent by yC Excelly and hon" this day concerning the places for the Ships to ride at have come to thefe following Refolues May the 15th 1702 By the houfe of Burgeffes Refolved that it is the Opinion [See J. of H. of B., pp. 339-40.] Then the Councill Adjourned till to morrow morning 8 a Clock — Saturday (333) Saturday May the 16th 1702 Prefent HIS Excellency, William Byrd, Edmund Jennings, John Lightfoot, Matthew Page, & James Blair Efq" Upon reading of the Peticon of M' Chicheley Corbin Thacker Clerk of the Secretarys Office for his ufuall AUowance for publick Services Ordered That the Same be referred to the confideracon of the houfe of Burgeff* Upon reading the peticon of the Said M' Chicheley Corbin Thacker Setting forth that by the 137th Act of Affembly in the printed Laws amongft other ffees therein fett downe 50" of Tob° is allowed for every Military Commiffion that fhall be Ufued out of the Said Office And whereas the Said ffee has been heretofore charged to the perfon to whom the Commiffion was granted and by them refufed to be paid and there being lately Ufued out 409 MUitary Commiffions Therefore prayed that itt may be declared by whom the faid ffee ought to be paid that he may rightly charge itt or that the Gen" Affembly would pleafe to give Such Allowance as they think juft — Ordered That the fame be referred to the Confideracon of the houfe of Burgeffes Ordered That the Clerk of the Gen" Affembly carry this following Meffage to the houfe of Burgeffes — By his Excelly & the honbU Council — The houfe of Burgeffes having . [See J. of H. of B., pp. 342-3.] Ordered That the Clerk of the Generall Affembly do carry to the houfe of Burgeffes the Grievances of Charles City County the peticon of M' Chicheley Corbin Thacker for his ufual allowance for publick Services, and the peticon of the Said M' Chichley Corbin Thacker praying allowance for writing Several military CommUfions All which are by the honble Council referred to the Confideracon of the houfe of Burgeffes Then the Council adjourned till monday morning 8 a Clock Monday May the 1 8th Prefent HIS Excelly, Wm Byrd, Edmund Jennings, Matthew Page, Benj" Harrifon, James Blair Efq" Ordered That the Clerk of the Gen" Affembly do carry to the houfe of Burgeffes this following Meffage By his Excelly and the honorable Council — M' Speaker & Gent of the houfe of Burgeffes Whereas great complaints . [See J. of H. of B., p. 344-345.] [The following paragraph of the meffage, however, was omitted by the clerk of the Houfe of Burgeffes:] Captain Burford Comand' of the Elizabeth 8c Mary of London having loft his Ship at Sea laft winter the men were brought by Captain Weft were Suffered to dUperfe themfelves whereby they Efcaped out of the Country and the Captain of his Maj" Ship loft that opportunity to make up his Complement of men w* now he muft be obliged to do out of the Merchants Ships lying here — John Lightfoot Efq' P'fent Ordered That the Clerk of the Generall Affembly do carry to the houfe of Burgeffes the following Meffage By his Excelly and the honorable Council — M ' Speaker and Gent of the houfe of Burgeffes His Excelly and the honorable CouncU [See J. of H. of B., p. 345.] A (334 ) A Meffage to the Council from the Burgeffes by M' Miles Cary and others who brought an Ingroffed Bill Entituled a Bill for the Continuing meeting and Sitting of Gen" Affemblies in cafe of the Death or demUe of his Maj'y his h" and Succeffors to which they defire the Concurrence of the CouncU and the Same was read a firft time and ordered a Second reading Then the Council adjourned tUl to morrow morning Eight a Clock Tuefday May the 19th 1702 Prefent HIS Excellency, Wm Byrd, Edmund Jennings, John Lightfoot, Matthew Page, Benjamin Harrifon, James Blair Efq" An Ingroffed Bill from the Burgeffes Intituled a bill for the Continuing meeting and Sitting of Generall Affblys in Cafe of the death or demife of his Maj"6 his heirs & Succeffors read a Second time and ordered a third hearing The Council Adjourn'd for two hours THE Council being met as before William Randolph Junior appointed by the houfe of Burgeffes to be Clerk of the Committee for propoficons and Grievances praying that he might be Sworne and Admitted into the Said Office — Ordered That a Commiffion be p'pared impowering William Byrd Ed'mund Jennings and John Lightfoot Efq" or any two of them to Adminifter to the Said Wm Randolph the Oathes appointed by Act of Parliament to be taken inftead of the Oathes of AUegiance and Sup'macy the Teft & Affociacon and the Oath of Clk of a Committee — Purfuant to which CommUfion the Said W" Byrd Edmund Jennings and John Lightfoot Efq" having adminUtred the above Said Oathes to the aforefaid Wm Randolph Junior he thereafter Subfcribed the Teft and Affociation and the Same was certifyed as ufual — An Engroffed Bill from the Burgeffes Entituled a Bill for the Continueing meeting and Sitting of General Affemblies in Cafe of the Death or demUe of his Maj'y his heirs and Succeffors was read a third time and agreed to by the Council with Several Amend ments Refolved That the Bill with the Amendments do pafs Ordered That the Clerk of the Generall Affembly do carry the Said BUl to the houfe of Burgeffes and acquaint them that the Council have agreed thereto with the Amend ments — A Meffage from the houfe of Burgeffes to the CouncU by M' Miles Cary and others that the houfe have agreed to the Amendments propofed by their Honours to the BUl for the Continuing meeting and Sitting of Gen" Affbly8 in Cafe of the Death or DemUe of his Majefty his heirs and Succeffors and have inferted them in the BiU — The Peticon of Henry Lownd of Henrico County praying allowance for a Negroe Slave of his tryed and Condemned and Executed laft Odober for a rape read and referred to the Confideracon of the houfe of Burgeffes — The Peticon of Thomas Blunt Indian Interp'ter on the South Side of James River praying that his ufuall Sallary from Odober 1700 may be Levyed for him read and referred to the Confideracon of the houfe of Burgeffes — His (335) His Excelly being informed that the BUl for continuing meeting and Sitting of GeneraU Affemblies in Cafe of the death or DemUe of his Maj'y his heirs and Succeffors was inroUed and that the Burgeffes were ready to waite on his Excelly for his Affent Ordered That the Clerk of the General Affembly do goe to the Houfe of Burgeffes and Com mand their Imeidiate attendance upon his Excelly in Council in the Council Chamber and bring with them what BUls they have ready for his Affent M' Speaker with the houfe of Burgeffes attending his Excelly in the Council Chamber M' Speaker addreffed himfelfe to his Excelly as followes — May itt pleafe yo' Excellency In Obedience to your Excellys Commands — Wee his Maj" moft Loyal and Dutiful Subjects the houfe of Burgeffes doe now attend your Excelly with a Bill Affented to by the Honourable Council and our Selves Entituled an Ad for fhe continuing meeting and Sitting of General Affemblies in Cafe of the Death or Demife of his Maj'y his heirs and Succeffors in order to receive that ftamp which yet remaines to make itt effedtuaU the p'amble of which BUl Setting forth the neceffity of Such an Act wee are well Affured yo' Excellys zeale for the Service of our Sovereigne & good of this Country will be a Sufficient motive for yo' giving itt the Sanction of yo' Affent — Then his ExceUy Signed the Said Bill and afterwards M' Speaker alUo and the Said Bill being delivered back to the Speaker his Excelly was pleafed to Exprefs him felfe thus M ' Speaker & Gent of the houfe of Burgeffes I am very glad you have Soone paffed this Bill and I hope in god wee fhall never have any other occafion for it then the p'fent Gentlemen I recommend to you to p}ceed with all poffible Speed upon thofe weighty matters that now lye before you becaufe I Expect the men of warr in Dayly and by them to receive Several orders from England wcb may hereafter take up much of your time Then the Council Adjourned till to morrow morning Eight a Clock Wednefday May the 20th 1702 Prefent HIS Excellency, Wm Byrd, John Lightfoot, Matthew Page, Benjamin Harrifon 8c James Blair Efq" OrderedThat the Clerk of the General Affembly do carry to the houfe of Bur geffes this foUowing Meffage By his Excellency and the honorable Council M' Speaker and Gent of the houfe of Burgeffes Upon reprefentation [See J. of H. of B., p. 349.] Ordered that the Clerk of the General Affembly do carry to the houfe of Burgeffes the following Meffage By his Excellency and the Honourable Council M' Speaker and Gent of the houfe of Burgeffes — Whereas fome of the [See J. of H. of B., p. 349.] OrderedThat the Clerk of the General Affembly doe carry this foUowing meffage to the houfe of Burgeffes — By his Excelly M' Speaker and Gent of the houfe of Burgeffes — His Excelly having .... [See J. of H. of B., p. 348.] Ordered (336) Ordered That the Clerk of the General Affembly carry to the houfe of Burgeffes this following meffage — By his ExceUy M' Speaker and Gent of the houfe of Burgeffes Whereas the Act ... [See J. of H. of B., p. 348.] The Peticon of Captain Tho Lovel Comm' of the Ship Loyal Charles of Belfaft com plaining againft Peter Cartwright an Ordinary Keeper at Elizabeth Towne for harbouring and Entertaining his Seamen and praying redrefs therein Alfo a letter from Captain James Moodie Commander of his Maj"8 Ship the South ampton complaining that one of his men is detayned by one Smith a Shoemaker in Ifle of Wight or Surry Counties being feverally read ordered that the Same be referred to the Confideracon of the houfe of Burgeffes & OrderedThat the Clerk of the General Affembly carry this following meffage to the houfe of Burgeffes. By his ExceUy and the honobl' Council — M' Speaker and G: of the houfe of Burgeffes There being fome propofals made this Seffion of an Act for . [See J. of H. of B., p. 349.] The Peticon of Several inhabitants of the County of Norfolk fetting forth Severall Grievances of the Said Inhabitants Alfo a Peticon of M' Rud Minifter of Norfolk with two orders of the Veftry of Elizabeth River Parifh and an Account of the charge of the Burgeffes of the faid Co'y being p'fented to his Excelly and the honourable Council and read — OrderedThat the fame be referred to the confideracon of the houfe of Burgeffes and that the Clerk of the Gen" Affembly imediately carry the Same to the houfe. Then the Council adjourned till to morrow morning Eight a Clock. Thurfday May 2 ift 1702 Prefent HIS Excellency, William Byrd, Edmund Jennings, John Lightfoot, Matthew Page, Benj" Harrifon, John Cuftis, James Blaire Efq" A Meffage to his Excelly by M' Wm Leigh and others that the houfe of Burgeffes had commanded them to returne his Excelly M' Treafurer Carters letter and the order of the houfe thereupon as follows. May the 21" 1702 By the houfe of Burgeff3 A Letter from M' Treafurer Carter . . . [See J. of H. of B., p. 351.] A Meffage to his Excelly from the houfe of Burgeff8 by M' Robert Beverley and others who brought the following Refolve May the 20"1 1702 By the houfe of Burgeffes RefolvedThat it is the Opinion of this houfe that itt is not convenient to proceed upon the RevUaU of the Lawes this Seffion By Order of the houfe of Burgeffes Peter Beverley Speaker As alfo the Said M' Beverley &ca prefented to his Excelly the following Refolve May the 20th 1702 By the houfe of Burgeffes His Excellys meffage of this day was read wherein his ExceUy is pleafed to propofe that fuch a number of the houfe of Burgeff8 as fhall be thought convenient be joyned with (337 ) with the Committee of the Council (already) appointed to confider of the moft proper method for rendring the Act for Cohabitacon more effectual or in fome other way for fecureing the frontiers and a debate arifeing The Queftion was put That a Committee be appointed to joyne with a Comitte of the Council to confider of the moft proper methods for rendring the Acts for Cohabitacons more Effectual or on fome other way for Seating the frontiers — And itt paffed in the Negative Teft Wm Randolph Clerk of the hhs of Burgeffes — Ordered that the Clerk of the General Affembly carry the following Meffage to the hh8 of Burgeffes — By his Excelly and the honbU Council — M ' Speaker & Gent of fhe hh3 of Burgeffes. His Excelly and the honbl6 Council . . [See J. of H. of B., p. 353.] The Council took into confideracon the peticon of Hill Drummond of Accomack County complaining that one John Pope of Somerfett County in Maryland had Entred upon a plantacon of his for which he has pattent and payes Quitt Rents In Virginia and turned him out of poffeffion as alfoe Some other papers prefented to the CouncU concerning Some difputes betweene the Inhabitants of this Colony on the Eafterne Shore and thofe of Maryland about the bounds Ordered That the Same be referred to the Confideracon of the houfe of Burgeffes Then the CouncU adjourned till tomorrow morning Seven a Clock — Fry day May the 2 2d 1702 Prefent HIS Excellency, Wm Byrd, Edmund Jennings, John Lightfoot, Matthew Page, Benj" Harrifon, John Cuftis, James Blare Efq" His Excelly and the honble Council took into confideracon the State and Condicon of the Militia of this Country as alUoe what was moft propper to put the fame into a pofture of Defence and after fome time Spent therein Ordered That the Clerk of the General Affembly carry the following Meffage to the houfe of Burgeffes By his Excelly and fhe honb'' Council M' Speaker and Gent of fhe hh3 of Burgeffes When his ExceUency caUed . . . [See J. of H. of B., p. 354.] Memorandum His Excellency herewith Sends the votes of the houfe of Commons in England whereby itt appeares they have provided every thing as if there were An Actual Warr. OrderedThat the Clerk of the General Affembly carry to the houfe of Burgeffes the foUowing Meffage By his Excelly And fhe honorable Council — M' Speaker and Gent of the houfe of Burgeffes: Whereas fome difputes . ... [See J. of H. of B., pp. 354-5-] The peticon of John Gledwin praying to be Admitted poft or Meffinger for carrying Expreffes or Letters from Potomack to Williamfburgh alfoe — The Peticon of Several of the Inhabitants of the Southerne Branch of Norfolke County praying that a roade made by them betweene the great Bridge of the Southerne Branch to the Northweft River may be declared to continue as itt was firft laid out and a Peticon of Liev' Collonel John Cattlett praying Allowance for writeing three faire Coppies of the laft LUts of the Militia Were (338) Were Severally read and referred to the confideracon of the houfe of Burgeffes — His Excellency haveing Signed a Commiffion Impowering Edmund Jennings John Lightfoot and Matthew Page Efq'8 or any two of them to AdminUter the Oathes Appointed by Act of Parliament to be taken inftead of the Oathes of Allegiance and Supremacy the Teft Affociation and Oath of a Burgefs to Every new Eledted Member of this prefent Gen" Affembly Purfuant thereunto the Said Edmund Jennings and John Lightfoot Efq" went out to Adminifter the Said Oathes &ca to William Baffett Gent Elected a Burgefs for New Kent County, and being returned reported that they had accordingly tendered the Same to him the Said Wm Baffett and that he anfwered as foUoweth (viz') I have already in Several qualifications teftifyed Allegiance to King Wms Government by taking the oathes &c" but I am now informed and fully Satisfyed he is dead and therefore I think my Selfe Obliged both in prudence and confcience to decline taking the Oathes to him at this time w* they had certifyed to the houfe of Burgeffes Saturday May the 23d 1702 Prefent HIS Excellency, Edmund Jennings, John Lightfoot, Matthew Page, Benjamin Harrifon, John Cuftis, James Blair Efq" The Peticon of John Walter late Sheriff of King and Queene County pray ing allowance for Executing one Darby Colnon by Order of Laft Odober General Court and aUoe An Affignment of Dyonifus Wright late Clerke of the General Affembly to George Harvey for 1500" of Tobacco to be paid out of the nooo!s of Tobacco, allowed him laft Seffions of Affembly were read and Ordered That the Same be referred to the Houfe of Burgeffes A Meffage from the houfe of Burgeffes to the CouncU by M' Nathaniel Harrifon and others who brought an Ordinance of Affembly for Settling the Dividing Lines between the Counties of Ifle of Wight Surry and Charles City and Nanfimond Counties on the South Side the Black Water Swamp to which they defire the Councils Con currence^ — And the faid Ordinance was read and affented to by y6 CouncU w'h fome Amend ments Ordered That the Clerk of the General Affembly carry the Said Ordinance of Affembly to the houfe of Burgeffes and acquaint them that the Council have Affented thereto w'h the faid Amendments A meffage to the Council by M' Nathaniel Harrifon and others that they were commanded by the houfe of Burgeffes to returne the Ordinance of Affembly for Settling the dividing lines between the Counties of Ifle of Wight Surry and Charles City and Nanfemond and to acquaint their Honours that the houfe had agreed to the Amendments propofed by them to the Said Ordinance and had incerted them therein OrderedThat the Clerk of the General Affembly Endorfe upon the Said Ordinance that the Same is agreed to by the Council Then the Council adjourned till Munday two a clock in the afternoon T Munday May the 25th 1702 HERE being no more of the CouncU come to Town but Jn" Cuftis Efq' 8c M' CommUfary Blair His Excellency adjourned the Council tiU tomorrow morning Tuefday (339) Tuefday May the 2 6t.h 1702 Prefent HIS Excellency, Edmund Jennings, John Lightfoot, Matthew Page, John Cuftis and James Blair Efq" OrderedThat the Clerk of the General Affembly do carry this following Meffage to the houfe of Burgeffes. By his ExceUency and the honbU Council M' Speaker and Gent of fhe houfe of Burgeffes Whereas this yeares [See J. of H. of B., p. 362.] A Meffage to his Excelly and Council by Mr Wm Leigh and others May it pleafe yo' Excelly and Honours Wee are Commanded by the houfe of Burgeffes to DeUver the Refolves of the houfe to Such of your Excelly & Hon" propoficons as are not already anfwered Which the Said M' Leigh Delivered in at the Table Where the Same were read as followes By the houfe of Burgeffes May it Pleafe your ExceUency and Honours Wee his Maj" [See J. of H. of B., pp. 360-2.] Alfoe a meffage to the Council by the Said Mr Wm Leigh and others whoe brought an Engroffed Bill from the houfe of Burgeffes Entituled a BUl to p'vent Mafters of Ships or veffeUs running away after Embargoes are laid to which they defire their Honours Concurrence — And the Said BUl was read the firft time and ordered a Second reading A Meffage to the Council by M' Miles Cary who brought the following refolve of the houfe of Burgeffes and Defire their Concurrence thereto — Viz' Tuefday May the 26th 1702 By the houfe of Burgeffes Ordered That his Excellency the Governour be defired to Ufue out his Orders to the refpective Juftices appointed to take the Lifts of Titheables in the Several Counties of this Dominion for this prefent yeare. to returne the Lifts they take to the refpective County Court Clerkes fo as the Said Clerk may be able to returne a Copy or Certificate of the fame to the Sec'y'8 Office by the 20th Day of July next— Ordered That his Excellency be defired to require the Seval County Court Clerkes to make due returne to the Secrya Office according to the Tenor of the abovefaid Ord' Wm Randolph Clk of the houfe of Burgeffes Edmund Jennings and John Lightfoot Efq" having been to AdminUter the Oathes &ca to Wm Byrd Gent returned a Burgefs for King and Queene County, reported that they had accordingly tendered the Same to him and that he gave in the following anfwer (Viz*) I have on Several Occafions Shewed my Obedience to his Maj'y King William and fhould be as ready at this time but now I am informed he is dead the which I Believe and for that reafon I think in Confcience I ought not to take fhe Oathes I there fore Defire to be Excufed wch they had certifyed to the houfe of Burgeffes Then the CouncU Adjourned till tomorrow morning 8 a Clock Wednefday May the 27th 1702 Prefent J~P DMUND JENNINGS, John Lightfoot, Matthew Page, John Cuftis & James Af Blair Efq" M—J An Engroffed Bill from the Burgeffes Entituled a BUl to p'vent Mafters of Ships or veffeUs running away after Embargoes are laid read a Second time and Ordered a Third reading Prefent (340) Prefent his Excellency Ordered That the Clerk of the General Affembly doe carry the following meffage to the houfe of Burgeffes By his Excellency M' Speaker and Gent of the houfe of Burgeffes Upon confidering ... . [See J. of H. of B., p. 363.] The Council proceeded to take into Confideracon that part of the houfe of Burgeffes anfwer p'fented yefterday relating to the Levying forces upon any Extraordinary Emergency and after fome debate therein OrderedThat the Clerke of the General Affembly carry this following Meffage to the houfe of Burgeffes By the honorable Council M' Speaker and Gent of the houfe of Burgeffes Upon reading [See J. of H. of B., pp. 363-4.] Adjourned till afternoone Poft Merediem Prefent as before AMOCON being made and the queftion put that the Bill for preventing Mafters of Ships and VeffeUs running away after Embargoes are Laid be now read a Third time Itt Paffed in the Negative & Ordered that ye faid bill be read a third time to Morrow Morning — A meffage from the houfe of Burgeffes to the Council by M' Wm Leigh and others May itt pleafe your Hon" wee are Commanded by the houfe of Burgeffes to returne your Honours the anfwer made yefterday by the Houfe to his Excellency and your Honours Several Propofitions and to acquaint your Honours that the houfe have agreed to the Amendments propofed by your Honours to that Paragraph of the Same Leaving itt to his Excelly to Levy Competent forces upon any Extraordinary Emergencie as an Alarm Surprife or Invazion. A Meffage to the Council from the Burgeffes by M' Miles Cary and others who brought the foUowing Refolve to w01* they Defire the Councils Concurrence. May the 27th 1702 By the houfe of Burgeffes Refolved that this houfe doth agree to his Excellencies Propoficon (Viz*) that the time for returning the LUts of Titheables to the Secretaries Office be Limitted to the firft day of July next WiUiam Randolph Clk of the houfe of Burgeffes And the Same was Accordingly Affented to by the Honble Council and Delivered to the faid M' Cary. A Meffage from the Burgeffes to his Excelly by M' Wm Leigh and others. May it Pleafe your Excellency Wee are Commanded by the houfe of Burgeffes to p'fent to your Excellency the Refolve of the houfe upon your Excellys Meffage to them this day for Limiting the time for returning the lUts of Titheables to the firft of July which is allfo agreed to by the Council and aUo to acquaint your Excellency that the Council have concurred with y6 Burgeffes in that paragraph of their Anfwer to your Excellency, and the CouncUs Several propoficons whereby they Leave itt to yo' Excelly by Advice of the CouncU to Levy Competent forces on any Extraordinary emergency as an Alarm Surprize Infur redtion or Invazion Then the Council Adjourned tUl tomorrow morning Eight a Clock Thurfday (340 Thurfday May the 28th 1702 Prefent HIS Excellency, Wm Byrd, Edmund Jennings, John Lightfoot, Matthew Page, Robert Carter, John Cuftis, James Blair Efq" The Petition of George Norfworthy Thomas fworn and Daniel Sullivan praying the Allowance for taking the Examinacon of Several wittneffes by ord' of the General Court bearing Date the 17th Day of April 1701 on behaUe of our Sovereigne Lord the King againft Samuel Booth who was Sufpected of Piracie read and OrderedThat the Same be referred to the Confideracon of the houfe of Burgeffes An Engroffed BUl from the Burgeffes Entituled a bUl to prevent Mafters of Ships or VeffeUs running away after Embargoes are Laid was accordmg to Order read the third time and affented to by the Council w'h Some Amendments and Additions Ordered That the Clerk of the General Affembly carry the Said Bill to the houfe of Burgeffes and acquaint them that the Council have agreed thereto with Amendm" and additions A Meffage to the Council by M' Wm Leigh and others that the houfe of Burgeffes have agreed to the amendm" and Addition propofed by their hon'8 to the BiU to p'vent Maft" of Ships or VeffeUs running away after Embargoes are Laid and have inferted them therein — OrderedThat the Clerk of the General Affembly endorfe upon the Said BUl that the Same is Affented to by the CouncU Then the CouncU Adjourned tUl tomorrow morning 8 a Clock. Fry day May the 29* 1702 Prefent HIS Excellency, Edmund Jennings. John Lightfoot, John Cuftis, James Blair Efq" A Meffage from the houfe of Burgeffes to his ExceUency by Mr William Leigh and others May itt Pleafe yo' Excellency Wee are Commanded by the houfe of Burgeffes to waite upon yo' ExceUency, and to Defire that a new writt may Ufue for the Election of a Burgefs for New Kent County in the roome of Wm Baffett Gent, and alUo a new writt for Eleccon of a Burgefs for King and Queene County in the roome of Wm Byrd Gent, they having refufed to take the Oathes — Ordered That the Clerk of the General Affembly goe to the Houfe of Burgeffes and Command their imediate attendance upon his Excellency in Council in the CouncU Chamber and that they bring with them what BiUs they had p'pared for his ExceUencies Affent — The houfe of Burgeffes attending M' Speaker Expreffed himfetf as foUoweth May itt pleafe your Excellency In Obedience to your Excellys Command Wee his Maj" moft Loyal and Dutiful Subjects the houfe of Burgeffes doe, now attend your Excellencies w'b a BUl and Ordi nance Affented to by the honourable CouncU and our Selves the BUl is thus Intituled A bUl to p'vent Mafters of Ships or VeffeUs running away, after Embargoes are laid and the Ordinance thus (Viz') an Ordinance of Affembly for Settling the Dividing Lines between the Counties of Surry Ifle of Wight Charles City and Nanfemond on the South Side the Blackwater Swamp in Ord' to receive yo' Excellys Affent — And thereupon the Said Bill and Ordinance were Signed by his Excelly & M' Speaker. — Then his Excelly Signed his Affent to that Paragraph of the houfe of Burgeffes Anfwer Dated the 26th Inftant wch was alfo Affented to by the CouncU wherein they leave itt (342 ) itt to his Excellency with Advice of the Council to Levy. Competent forces, on any Extraordinarie Emergencie &ca and Defired M' Speaker alio to Signe the Same in Order to give itt the force of an Ordinance of Affembly and m' Speaker being Doubtful to Signe the Same Defired Leave to AdvUe w'h the houfe thereupon & accordingly withdrew. A Meffage from the houfe of Burgeffes to his Excellency by M' Miles Cary and others that the Houfe were ready to attend his Excellency when he pleafed to Command them — Ordered That the Clk of the General Affembly goe to the houfe of Burgeffes and Command their imediate attendance on his Excellency in Council in the CouncU Chamber — M' Speaker with the houfe of Burgeffes Attending acquainted his ExceUency that he had received the direccons of the houfe to figne to that Paragraph of the houfe of Burgeffes anfwer which accordingly he did. After which his Excellency Spake to this Effect That the houfe of Burgeffes. having referred foe many matters to the Confideracon of the next Seffion of Affembly and the men of warr being Dayly Expected he had thought fitt to prorogue the Affembly noe longer, than the i8'h of June next and hoped they would aU be p'fent then becaufe he believed he fhould receive ord" from England which would require their meeting at that time And Accordingly they were prorogued to the Said Eighteenth day of June. WU Robertfon CI Gen" Affembly AT A GENERAL ASSEMBLY begun at the Royal College of William and Mary adjoining to the Citty of Williamfburgh the fifth day oi December 1700 in the 1 2th year ofthe Reign of King William the third, and thence continued by Several prorogacons to the 1 8th day of June 1702 in the firft year of the Reign of our Soveraign Lady Anne by the grace of God of England Scotland, France and Ireland Queen Defender of the faith &c (Prom the Public Record Office, London, Colonial Office, Clafs 5, Vol. 1409, pp. 617-627.] At a General Affembly begun at the Royal College of William and Mary adjoining to the Citty of Williamfburgh the fifth day of December i 700 in the 1 2th year ofthe Reign of King William the third, and thence continued by Several proro gacons to the 18th day oi June 1702 in the firft year of the Reign of our Soveraign Lady Anne by the grace of God of England Scotland, France and Ireland Queen Defender of the faith &c [June the 18th, 1702.] THIS day being appointed for performing the Solemnity of proclaimmg her moft Sacred Majefty Queen Anne, and but few of the Gentlemen of the CouncU come to Town The Council adjourned till tomorrow morning Friday June the 1 9^ 1702 Prefent HIS Excellency Francis Nicholfon Efq' her Matys Liev' and Governor General of Virginia, Edmund Jenings, John Lightfoot, Benj" Harrifon, Robert Carter and James Blair Efq" Ordered That the Clerk of the General Affembly carry to the Houfe of Burgeffes the Lords of her Matys moft honble Privy Council their lett' to his Excellency notifying the death of our late Soveraign Lord King William the third, and directing the proclaiming of her Royal Majefty Queen Anne, and alfo deliver to the Houfe the feveral following papers viz Her Matys gracious declaracon at her firft fitting in CouncU at S' James's Her Ma'ys proclamation continuing all Officers &c The Addrefs of the Houfe of Lords to her Majefty The Addrefs of the Houfe of Commons to her Majefty Her Majty" moft gracious anfwer to the faid Addrefs Her Maty8 Speech to both Houfes of parliament The Addrefs of the Houfe of Lords on the 12 th of March Her Majeftys anfwer to the thanks of the Houfe of Commons for her moft gracious Speech And the Votes of the houfe of Commons of the 17th of March laft. fettling the Revenue on her Majefty. And that the Clerk of the General Affembly acquaint the faid Houfe of Burgeffes that his Excellency and the honble Council intend immediatly to proceed to the pro claiming her Majefty according to the Forme Sent by the Lords of her Majeftys moft honble privy Council, and purfuant to his Excellcy8 proclamation bearing date the 30th day of May laft, and defire the concurrence of the Houfe of Burgeffes. A meffage to his Excellency and the honble Council by M' William Leigh and others, that the Houfe of Burgeffes were ready to attend his Excellcy and their Hon" for pro claiming the Queen when his Excellcy fhould pleafe to command them. Then the CouncU adjourned tUl to morrow morning 8 a clock. Saturday H (346) Saturday June the 20^ 1702 Prefent IS Excellencie Francis Nicholfon Efq', William Byrd, Edmund Jenings, John Lightfoot, Benj" Harrifon, Robert Carter, James Blair Efq" The Council being informed that the Houfe of Burgeffes were adjourned, they aUo adjourned till 8 a clock on Munday morning next Munday June 2 2d 1702 Prefent HIS Excellencie, William Byrd, Edmund Jenings, Jn' Lightfoot, Benj" Harrifon, Robert Carter, James Blair Efq" Ordered That the Clerk of the Gen" Affembly carry this following meffage to the houfe of Burgeffes By his Excellency & the honbU Council M' Speaker & Gentlemen of the Houfe of Burgeffes His ExceUency and the honble CouncU . . [See J. of H. of B., 1695-1702, p. 371.] The petition of James Adams. Indian Interpreter praying that the ufual allowance as an Interpreter may be paid him he having ferved as Such almoft a year, read and Ordered That It be referred to ye confideracon of the Houfe of Burgeffes The petition of the Veftry of Norfolk parifh fetting forth fev" matters relating to their parifh, read, and OrderedThat y fame be referred to y6 confideracon of the Houfe of Burgeffes Then the Council adjourned tiU tomorrow morning 8 aclock. Tuefday June the 23d 1702 Prefent HIS Excellencie, WiUiam Byrd, Edmund Jenings, John Lightfoot, Benj" Harrifon, Robert Carter, James Blair Efq" Ordered That the Clerk of the General Affembly carry this following meffage to the Houfe of Burgeffes By his Excellcy and fhe honbU Council M' Speaker & Gentlemen of fhe Houfe of Burgeffes Whereas it hath been [See J. of H. of B., p. 371.] OrderedThat the Clerk of the General Affembly carry this following meffage to the Houfe of Burgeffes By his ExceUency & the honbu Council M' Speaker & Gentlemen of the Houfe of Burgeffes His Excellency [See J. of H. of B., p. 372.] A meffage from the Houfe of Burgeffes to his Excellency and Council by M' Jofeph Fofter and others, who brought the following Refolves Tuefday June y 23d 1702 By the Houfe of Burgeffes A motion being made that Committees be appointed and a debate thereupon arifing The Queftion was putt That Committees fhall be appointed It paffed in the Negative Wm Randolph CI H Burg* Ordered (347) Ordered That the Clerk of the General Affembly go to the Houfe of Burgeffes and Command their immediate attendance on his Excellency in Council in the CouncU Chamber M' Speaker with the Houfe attending his Excellency was pleafed to fay as follows MT Speaker and Gentlemen of fhe Houfe of Burgeffes It having pleafed [See J. of H. of B., pp. 372-3.] The petition of John Waller for leave to patent Some land lying in Pamunkee neck being read OrderedThat it be referred to y6 confideracon of the Houfe of Burgeffes Then the Council adjourned till tomorrow morning 8 aclock. Wednefday June the 24th 1702 Prefent HIS ExceUencie, William Byrd, Edmund Jennings, John Lightfoot, Benj" Harrifon, Robert Carter, James Blair Efq" OrderedThat the Clerk of the General Affembly carry to the Houfe of Burgeffes the following meffage from his Excellency M' Speaker & Gentlemen of the Houfe of Burgeffes I received yo' Vote . [See J. of H. of B., p. 373.] OrderedThat the Clerk of the General Affembly carry to the Houfe of Burgeffes the following meffage By his Excellency M' Speaker & Gent, of the houfe of Burgeffes His ExceUency having . . . [See J. of H. of B., p. 373.] A meffage from the Houfe of Burgeffes by M' Bland & others who in anfwer to his Excellencys aforefaid meffage brought the following Refolves Tuefday June y 23d 1702 By the Houfe of Burgeffes Refolved That William Byrd of King and Queen County in Saying that this Affembly were about to raife a Tax upon the people in this Country which would amount to Seventeen thoufand pounds a year for the ufe of the College And that CoUon" William Leigh had confented to it, is guilty of a Seditious Scandalous malitious and utterly faUe Report. RefolvedThat the Report which William Byrd made that M' Nathaniel Harrifon and Mr George Marable were taken into cuftody about giving the Speaker ten thoufand pounds of Tobacco, is feditious fcandalous malitious and utterly faUe. Ordered that the Clerk of the Houfe Send copies of the fd Refolves of this Houfe to the Sheriff of King and Queen County And that he caufe y6 Same to be publifhed at their County Court and in all Churches & Chappells within the faid County Wm Randolph CI H Burg* Upon reading and confidering the Refolves of the Houfe of Burgeffes concerning y Reports publifhed and Spread abroad by William Byrd of King and Queen County. The honble Council came to the following Refolves Viz Refolved That the honbl6 CouncU do agree with the Houfe of Burgeffes that WiUiam Byrd of King and Queen County in Saying that this Affembly were about to raUe a Tax upon the (348) the people in this Country which would amount to Seventeen thoufand pounds a year for the ufe of the College is guilty of a Seditious fcandalous malitious and utterly faUe Report Ordered That the faid WiUiam Byrd for his faid Offence be ftruck out of the Commiffion of the peace for King and Queen County Ordered That the faid William Byrd appear at y6 next Court held for the faid County of King and Queen and in open Court make a publick acknowledgement of his Said Offence, and in cafe of his Refufal that M' Benj" Harrifon CouncU for the King profecute him for the fame. OrderedThat the Juftices of King 8c Queen County iffue their warrant to the Sheriff of the faid County to take into his Cuftody the body of the faid William Byrd untill he enter into Bond with good and Sufficient fecurity for his good behaviour. And OrderedThat the Clerk of the General Affembly fend a copy of the above Orders & Refolves to the Sheriff of King and Queen County that notice may be given to the faid Wm Byrd for his complyance therewith. Then tbe Council adjourned till tomorrow morning 8 aclock. Thurfday June the 25th 1702 Prefent HIS Excellencie, WiUiam Byrd, Edmund Jenings, John Lightfoot, Benj' Harrifon, Robert Carter, James Blair Efq" A meffage from the Houfe of Burgeffes to his Excellency by Mr Robert Beverley and others who brought the following anfwer of the Houfe of Burgeffes to his Excellcy8 Speech By the Houfe of Burgeffes May it pleafe y Excellency We her Matys Loyal . [See J. of H. of B., p. 375.] And alfo the faid M' Beverley acquainted his Excellency that the Houfe of Burgeffes had Signed an Addrefs to her Maty, and defired to know his ExceUencys pleafure when they fhould attend him with y6 Same. Then the Refolves of the Houfe of Burgeffes, in anfwer to his Excellcy" Speech, were read; And thereupon Refolved That the honble Council do concur with the Houfe of Burgeffes in the firft part of their faid anfwer Viz that the Ordinance of the laft Seffion of Affembly giving power to the Governor with the advice of the Council upon any Alarm, Surprize, Infurredtion or Invafion to Levy fuitable & competent Forces to be paid by the publick &c is a Sufficient provifion for the fecurity of this Country on any fuch occafion untUl there fhaU be a Seffion of Affembly. Ordered That the Clerk of the General Affembly go to the Houfe of Burgeffes and Command their immediate attendance upon his Excellency in Council in the CouncU Chamber, and bring with them what they have to offer to him M' Speaker with the Houfe being come into the CouncU Chamber Addreffed himfeU to his Excellency as foUoweth May ii pleafe yo' Excellency The Houfe of Burgeffes having drawn up and Signed a congratulatory Addrefs to her moft Sacred Maty upon her Acceffion to the Throne of her Anceftors As a token of (349) of their Loyalty and affedtion to her Matys perfon and Government, Do now in obedience to yor Excellcy8 commands wait on yo' ExceUency to pray yo' favour and Affiftance in getting the fame tranfmitted to her Majefty. And then deUvered the fd Addrefs to his Excellency After which his Excellency was pleafed to acquaint the Houfe to this effect, that having confidered their anfwer to his Speech he had thought fitt on Acco" of the bufie time of the year to give them a Recefs, but before he prorogued them he muft premtfe to them that he was ftUl in expectacon of receiving Orders from England which obliged him not to put off their meeting for any long time And therefore he prorogued them tUl the twelfth day of Auguft next And that accordingly they were prorogued: Yet leaft they fhould be put to any unneceffary trouble his ExceUcy was further pleafed to teU them that he did not intend they fhould meet at that time unlefs betwixt [this] and then they fhould hear that fome new Orders from England were arrived. WU Robertfon CI Gen" Affembly AT A GENLL ASSEMBLY begun at the Royall CoUedge of Wm and Mary adjoyning to the City of Wm^burgh the 5th day of Decemb7 1 700 in ye 1 2th year of the Reign of King Wm the third and thence Con tinued by fev11 Prorogations to ye 14th day oi Aug* 1702 in ye firft year of the Reign of our Sovereign Lady Anne by the Grace of God of England Scotland France & Ireland Queen defender of the faith &c [From a very early copy of the Journal in the Virginia State Library.] At a Gen11 Affembly begun at the Royall CoUedge of Wm and Mary adjoyning to the City oi Wmf burgh the 5th day of Decemb7 1700 in ye i2thyear of the Reign of King Wm the third and thence Continued by fev11 Prorogations to ye 14th day oi Aug* 1702 in ye firft year ofthe Reign of our Sovereign Lady Anne by the Grace of God of England Scotland France & Ireland Queen defender of the faith &c [Auguft 14*, 1702.] Prefent HIS Excelly Francis Nicholfon Efq' her Maty8 Lieu' and Gov' Gen" of Virg", Edm* Jenings, Benj" Harrifon, Rob' Carter, James Blair Efq" Ordered That y6 Clk of y6 Gen" Affembly go to the houfe of Burgeffes and Command their Immediate attendance upon his Excellcy in Council in the CouncU Chamber Mr Speaker with y houfe attending his Excellcy was pleafed to make the following SpeechHonorable Gentlemen I have lately had a paper . . . [See J. of H. of B., 1695-1702, p. 379.] Upon reading a Lett' to his Excelley from L' Coll Wm Randolph Clk of the houfe of Burgeffes reprefenting that he hath been fo afflicted wth y6 Gout that he could not pro pofe in any reafonable time to go abroad neither could he pretend to officiate fuch a place as Clk of y houfe of Burgeffes w* required his perfonal attendance His ExceUy was pleafed to appoint Wm Randolph Junior Son to ye faid L' Coll Wm Randolph to officiate as Clk of y houfe of Burgeffes during his fathers illnefs and Ordered That a CommUfion be prepared accordingly A meffage to his Excelly from y6 houfe of Burgeffes by M' Wm Leigh and others that y houfe had Commanded them to wait on his Excellcy & to defire that his Excell" will pleafe to appoint a Clk to do the bufinefs of the houfe of Burgeffes And then the Council adjournd tUl to morrow Morning 8 a Clock Saturday Aug* 15th 1702 Prefent HIS Excellencie, Edm* Jenings, Benj" Harrifon, Rob' Carter, James Blair Efq" A ComUfion being (according to order) prepared Impowring William Randolph fon to L' Coll Wm Randolph to officiate Clk of the houfe of Burgeffes during his fathers illnefs was read: approved and Signed by his ExceUency in Council William Randolph Junior Comiffioned by his Excellcy to officiate as Clk of the houfe of Burgeffes during his fathers illnefs took y6 oaths appointed by act of parlim' to be taken in Stead of the oath of allegiance & Supremacy Subfcribed y teft and took the oath of Clk of the houfe of Burgefes : Which was Certified as ufuall And then y Council adjourned till Munday Morning 8 a Clock Munday (354) Munday Aug* 17th 1702 P'fent HIS ExceUencie, Edm* Jenings, Benj" Harrifon, Rob' Carter, James Blair Efq" His Excellency Communicated to the honbl6 Council a Speech w* he intended to make to the Houfe of Burgefes and y6 Same was read The Grievances of the Inhabitants of Charles City County on y fouth fide of James River read and Ordered That y Same be Referred to y Confideracon of the houfe of Burgefes A meffage from y houfe of Burgefes to his Excelly by M' W" Leigh and others who brought the following Refolve Munday Aug' 17th 1702 By the houfe of Burgefes Refolved Nemine Contradicente That it is not Convenient to prceed upon the RevUal of the laws at this time Wm Randolph Jun' Clk H Burgeffes And then the Council adjourned till to Morrow Morning 8 a Clock Tuefday Aug* the 18th 1702 P'fent HIS ExceUency, Edm* Jenings, Benj" Harrifon, Rob* Carter, James Blair Efq" A peticon of Thomas Pate praying that he may have the Sole PrivUedge of keping a ferry at York towne without y Interruption of any other perfon and aUo A Peticon of Mungo Somerwell praying that he may have y fole PrivUedge of keeping ferry there exclufive of all others Were SeveraUy read and Ordered that they be Referred to y6 Confideracon of the houfe of Burgefes The Propofition of Sev" Inhabitants of James City County on y6 South fide of Chickahominy River praying that (in cafe the bill for dividing Charles City County take effect) So much of James City County as lyes between James River and Chickahominy River may be added to ye North part of Charles City County and aUo that y6 Same may be made into one Parifh : Being read Ordered that y Same be Referred to y Confideracon of the houfe of Burgefes The peticon of Benj" Lillingfton praying allowance for his attendance on his Excelly and Council three meetings or Seffion of Affembly : read and Ordered That y6 Same be Referred to y6 Confideracon of the houfe of Burgefes Ordered That the Clk of y Gen" Affembly go to the houfe of Burgefes and Com mand their Immediate attendance on him and the Council in the CouncU Chamber M' Speaker wtb the houfe attending his Excelly was pleafed to fay as foUoweth Gentlemen By the divine permUfion . [See J. of H. of B., pp. 382-83.] Then y6 Council adjourned till to Morrow Morning 8 a Clock Wednefday Aug* 1 9th 1702 Prefent T~^DMD JENINGS, Benj" Harrifon, Rob' Carter, James Blair Efq" f~4 Charles Evans appointed by the houfe of Burgeffes Clk of y6 Comittee -* — ' for propofitions & Grievances took y oaths appointed by act of parlim' to be taken inftead of the oaths of allegiance & Supremacy Subfcribed ye teft and took y oath of Clk of y6 faid Committee •wcb was certified as Ufuall OrderedThat y Clk of the Gen11 Affembly carry y following Meffage to the houfe of Burgeffes By (355 ) By his Excellency & y honbU Council M' Speaker & Gent of y" houfe of Burgeffes The building of the Capitol . [See J. of H. of B., p. 385.] Then the Council adjourned tUl to Morrow Morning 8 a Clock E Thurfday Augft 20th 1702 Prefent DMD JENINGS, Benj" Harrifon, Rob' Carter, James Blair A Grievance from King William County : read and Ordered That it be referred to the Confideracon of the houfe of Burgeffes Adjourned till 3 a clock afternoon Poft Merediem P'fent HIS ExceUencie, Edm* Jenings, Ben" Harrifon, Rob' Carter, James Blair Efq" The Peticon of Cap' Rob' Snead praying to have ye fole priviledge of keeping the ferry at York Town : read & Ordered That y fame be Referred to y6 confideracon of the houfe of Burgefes The Petition of Barnabie Markinne 8c other inhabitants on the fouth fide Black water fwamp praying leave to ye faid Markinne to erect a Grift mUl there, read and OrderedThat y fame be Referred to y6 Confideracon of the houfe of Burgefes A peticon of Chicheley Corbin Thacker Clk of ye Secretarys office praying aUowance for entring y Laws of five feffions of Affembly in y6 Countrys Law Book And aUo A Peticon of y faid Chicheley Corbin Thacker praying that M' Secretary may be aUowed for writts for election of Burgefes iffued out of his office fince laft Seffion of Affembly was read and Ordered That they be Severally Referred to y Confideracon of the houfe of Burgefes And then y Council adjourned till to Morrow Morning 8 a Clock Friday Aug* 21: 1702 P'fent HIS Excellency, Edm* Jenings, Benj" Harrifon, Rob' Carter, James Blair Efq" A meffage from y6 houfe of Burgefes to y6 Council by M' Miles Carey and others y' ye houfe had then appointed a Committee to Joine w'h fuch of the honble CouncU as their Hon" fhould appoint to adjuft all matters relating to the CapitoU according to his Excellcy8 and their hon" propofitions to the houfe of Burgefes Refolved and accordingly Ordered That Edmund Jenings Benj" Harrifon and Rob' Carter Efq" be appointed as Com mittee to Joine w'h y6 Committee of y6 houfe of Burgefes to adjuft all Matters relating to y Capitol And then y CouncU adjourned tUl to Morrow Morning 8 a Clock Saturday (356) Saturday Auguft 2 2d 1702 P'fent HIS Excellency, Edm* Jenings, Benj" Harrifon, James Blair Efq" A meffage from y houfe of Burgefes to his Excellcy by Mr Wm Leigh and others That y houfe had Commanded them to wait on his Excy to know his pleafure when they fhould attend him w'h an addrefs in Anfwer to his Speech Upon w61* his Excellcy was pleafed to Say they might come now M' Speaker w'h y6 houfe attending prefented an addrefs to his ExceUcy in y foUowing words To his Excellcy Francis NichoUon Efq' her Matys Lieu' and Gou' Gen" of Virg" May it pleafe y Excellcy We her Matys Loyall . . . [See J. of H. of B., p. 389.] OrderedThat y Clk of y6 Gen" Affembly carry to y6 houfe of Burgefes the following Meffage By his Excellency & y honbU Council M' Speaker and Gent of the houfe of Burgeffes Upon perufal of y6 Survey . . . [See J. of H. of B., p. 391.] And then ye Council adjourned till Munday Morning 8 a Clock Munday Aug* 24th 1702 P'fent HIS Excellencie, Edmd Jenings, Jn" Lightfoot, Benj" Harrifon, James Blair Efq" A meffage from y6 houfe of Burgef8 to y6 Council by M' W" Leigh and others who brought y6 following Engroffed Bills Viz A Bill for deviding Charles City County A Bill for y Regulacon and Settlem' of ferrys and for dUpatch of publick Expreffes and for y6 Speedy tranfporting of forces over Rivers and Creeks in time of dang' And a bill prohibiting Seamen being harboured or Entertained on Shore To W* they defire y6 Council Concurrence An Engroffed bill from ye Burgef8 Ent an ad for deviding Charles City County Read y firft time and ordered a fecond Reading An Engroffed Bill from y6 Burgef8 Ent an ad for y Regulacon and Settlem' of ferrys and for difpatch of publick Exprefs and for y Speedy tranfporting fforces over Rivers and Creeks in time of dang' Read the firft time and ordered a Second Reading An Engroffed bill from ye Burgef8 Ent an ad prohibiting Seamen being harboured or entertained on Shore Read y6 firft time and ordered a Second Reading And then ye Council adjourned till to Morrow Morning 8 a Clock Auguft 25th 1702 P'fent HIS Excellency, Edm* Jenings, John Lightfoot, Matth: Page, Benj" Harrifon, and James Blair Efq" An Engroffed bill from y6 Burgef8 Entd a bill for y6 Regulacon and Settlem' of ferrys and for dUpatch of publick Exprefes and for ye Speedy tranfporting forces over Rivers and Creeks in time of dang' was read y6 Second time and ordered a third Reading An Engroffed bill from y6 Burgef8 Ent a bill prohibiting Seamen being harboured or entertained on Shore : read y6 fecond time and ordered a third reading and An Engroffed bill from y6 Burgef8 Ent a bill for y6 deviding Charles City County read ye Second time and ordered a third reading Adjourned till two a Clock afftemoone Poft (357) Poft Meridiem P'fent HIS Excellency, Edm* Jenings, John Lightfoot, Matth: Page, Benj' Harrifon, and James Blair Efq" Upon reading y6 addrefs of y houfe of Burgef8 to his Excellcy of ye 2 2d inftant The CouncU came to y following Refolves Viz As to y6 part of y faid Addrefs relating to y fortificacons and NavaU Forces Refolved That y Council do concur w'b yc houfe of Burgef8 in their Refolves there upon As to y' part of y6 faid addrefs in anfwer to his ExceUcy8 propofition concerning Ships that now are or hereafter fhall arrive in y Country whether to lett them go Singly as they are Loaded or to ftop them in hopes of fome accidentall Convoy or tUl they be twenty to Sail enough to make a ffleet of themfelves Refolved That for as much as there are but few Ships now in y Country and no profpedt of any Convoy therefore y faid Ships at prefent in ye Country have leave to SaU as they are Loaden And upon Confidering y' part of y above fd addrefs giving pow' to y Gov' w'h advice of ye Council on any accident to Levy fuitable and Competent forces &c Ordered That ye Clk of y Gen" affembly carry y following meffage to y houfe of Burgef* By y hon1'" Council M' Speaker and Gent of y houfe of Burgeffes Upon perufal of y' part of y6 . . . [See J. of H. of B., p. 393.] An Engroffed bUl from y6 Burgf 8 Ent a bill for y Regulacon and Settlem' of ferrys and for dUpatch of publick Exprefes and for y Speedy tranfporting forces over Rivers & Creeks in time of dang' And aUo An engroffed bUl from y6 Burgef8 Ent a bill prohibiting Seamen being harboured or entertained on Shore Were Read y third time and Severally agreed to by y honb)e CouncU without any Amendm' Ordered That y6 Clk of y Gen" Affembly carry y faid two bUls to y houfe of Burgef8 and acq' them y' y6 CouncU have agreed thereunto without any Amendm' An Engroffed bUl from y6 Burgef8 Ent a bill for deviding Charles City County Read y 3d time and agreed to by y Council w'b and Amendm' OrderedThat y6 Clk of y6 Gen" Affembly carry y6 faid Bill to y houfe of Burgef* & acq' them y' y6 Council have agreed thereto w'h an amendm' A meffage to his Excelly from y houfe of Burgef8 by M' Miles Carey and others who acq' his ExceUcy that they were commanded by y6 houfe to prefent to his Excelly the Refolves of ye houfe in anfw' to his Excellcy8 and y6 CouncUs meffage to them on Saturday laft wch Refolves is as follows Monday Aug' y 24th 1702 By y houfe of Burgef3 A meffage from his Excellcy and ye honble Council on Saturday .... [See J. of H. of B., p. 392.] A meffage from y6 houfe of Burgef8 to ye Council by M' Miles Carey and others who brought y6 Book of Publick Claimes to wch they defire their hon" Concurrence And (358) And aUo acquainted their hon'8 y' y houfe of Burgef8 had agreed to the Amendm' propofed by their Hon" to y6 bill for deviding Charles City County and had inferted it therein And ye faid bill being affented to by yc Council was delivered back to y6 faid M' Miles Cary And then y Council adjournd till to Morrow Morning 8 a Clock Wednefday Aug* 2 6th 1702 P'fent HIS Excellency, Edm* Jenings, Jn" Lightfoot, Matth: Page, Benj" Harrifon, Rob' Carter, James Blair Efq" Edm* Jenings Efq' from y6 Committee apointed to Joine w'h y6 Committee of ye Burgefes for appropreating the Roomes and adjufting all Matters relating to y Capitol reported their Refolutions thereon wch he delivered at y6 table where y Same were Read and agreed to by y honbIe Council and are as follow"1 That y building to the weftward . . [See J. of H. of B., pp. 394-95-] OrderedThat y Clk of y Gen" Affembly carry to y houfe of Burgef8 the LUts of the Militia w'h ye foUowing Meffage from his Excellcy in writing M' Speaker and Gent of y houfe of Burgeffes I herew'b fend yu . . . [See J. of H. of B., p. 394.] Upon reading y6 Book of Claimes of ye Affembly held in Aug' 1701 Benj" Harrifon and Rob' Carter Efq" objected againft that article of ten thoufand pounds of Tobb° and Cask to y Speaker of y houfe of Burgef8 becaufe the faid allowance hath been dUcontinued ever Since y Year 1695 and they did not think it Reafonable to revive it now The queftion was put to y whole Council if y faid ten thoufand pounds of tobb° fhall be allowed And it paffed in ye Negative it being an Unneceffary charge only M' Sec'y Jening defired y' his DUfent to y fd vote might be entered on y6 JournaU His Excellency then acquainted y CouncU y' he thought ye faid Book of Claimes w411 y' very article was allowed in Aug' laft upon the houfe of Burgef8 allowing ye Sum of 146 £. 8 8. 3 of extraordinary charges and y6 Sum of Sixty three pounds paid by M' Aud' Byrd for land for ye Gov" Houfe wch two articles his Excellcy hath told ye houfe of Burgefes he doth not now infift on having recd no orders from England about them and therefore he is of y opinion that y faid book is paft and y' y6 houfe of Burgefes are y moft proper Judges of the Meritt and Rewards due to their own officers and it hath been for much longer time allowed then dUaUowed and what reafons they had for fo doing are beft known to themfelves: This article hath been allowed by two houfes of Burgef8 one after another, and if upon its not being allowed here y6 houfe of Burgef9 fhould refufe to pafs the whole Book of Claimes it will be a Grievious oppreffion upon y Subject (there being two Years Claimes due) and may in Some fort indang' y6 peace and quiet of this her Matys Colony and Dominion of Virg" and this fum of ten thoufand pounds of Tobb° wUl not amount to half a pound •$ pole The Council proceeded to y Confideracon of the Book of Claimes made up in May laft and this P'fent Seffion : and affter reading ye Same over Adjourned for an hour Poft (359) Poft Meridiem THE CouncU having returned ye confideracon of the Book of Claimes and agreed thereto w'h an Amendm' y' y6 ten thoufd pounds of Tobacco and Cask to M' Speaker be expunged Ordered That y6 Clk of y6 Gen" Affembly carry y6 book of Claimes to y6 H Burgef8 and acq' them y Council have agreed thereto w'h an amendm' A meffage from y houfe of Burgef8 to y6 CouncU by M' Miles Carey and others y* y6 houfe had Commanded them to wait on their Hon" w'h y6 Bookes of Claimes and repref [prefent] their hon" w'h a Refolve of the houfe in anfw' to their amendm' for expunging out of y6 Book of Claimes y6 article of ioooo Lof Tobb0 to y Speaker wch Refolve is in thefe words viz By fhe Houfe of Burgef3 Aug' y6 26th 1702 Refolved That y6 houfe doth adhere to their form' Refolve in giving Major Peter Beaverly Speaker of y6 Houfe ten thoufand pounds of tobbco and that y houfe wUl not recede from y6 Same W-' Randolph CI H Burgef8 And y6 faid M' Miles Carey prefented to ye CouncU an ordinance for y6 defence of y6 Country in time of dang' and defired their hon" Concurrence thereto and the fd ordinance was read and agreed to by the honbl6 CouncU without amendm' OrderedThat y6 Clk of yc Gen" Affembly carry y6 faid ordinance to y6 houfe of Burgef8 and acq' them y' y6 Council have agreed thereto w'bout any amendm' A meffage from y6 houfe of Burgef8 to his Excellcy by M' Wm Leigh, M' Miles Cary and M' Gawin Corbin May it pleafe y Excellcy We are comanded by y houfe of Burgef8 to wait upon y Excelly and to defire y Excelly to fignify yo' pleafure when ye houfe fhall attend you w'h an addrefs To wcb his Exy anfwered now U they pleafed M' Speaker w'h y houfe being come into y6 CouncU Cham' firft read : and afterward delivered to his Excelly y6 following addrefs To his Excellcy Francis NichoUon Efq' her Matys Lieu' and Gou' Gen" of Virga The humble addrefs of the houfe of Burgeffes May it Pleafe y Excellency We her Matys moft Loyal [See J. of H. of B., p. 395.] Whereupon his Excellency made the following Anfwer Gentlemen I return you thanks for y kind addrefs In it you have given me a patern of a good Govern' wch I fhall always endeavour to follow and I fhall make it my Conftant prayers to almighty God that he would be pleafed to enable me fo to do you may depend upon it that I fhall on all occafions be ready to venture my Life and fortune for her Matys Service and the defence of this Country As to y6 Expreffions of y Loyalty to her moft Sacred Maty (wch indeed I fhould have anfwered firft but y' it now comes in y6 Courfe of y addrefs as I have formerly done fo I fhall always give you y6 Character of a Loyal and Dutiful People to y6 Crown of England and I hope that God almighty wiU enable me to performe my fincere intentions of difcharging my duty to him and her Maty and to do all y good I can to Virg" This Affembly being like to continue but a fhort time I hope as you have hitherto proceeded w'b concord fo you will Continue fo that we may all part in Amity Then the Council took into Confideracon y Refolve of y6 houfe of Burgef8 upon y6 amendm' to y6 Book of Claimes and affter fome time fpent therein His Excellency acquainted (36o) acquainted the Council y' in y paffing of y6 Claims he demanded a priviledge to fitt and vote as prefident of the Council And upon fome further debate on y6 Subject matter of the faid amendm' and Refolve in anfwer thereto RefolvedThat y Council doth agree to y Book of Claimes except y' article giving ten thous and weight of tobb° to Major Peter Beaverly Speaker of y6 houfe of Burgef8 w61* article they propofe may be fubmitted to y determination of ye Lds Comm" for trade and plantacons and in the mean time y' y6 Levy be laid without it Ordered that y Clk of y Gen" Affembly carry a Copy of ye faid Refolve together w'h y book of Claimes to y houfe of Burgef8 A meffage from y houfe of Burgef6 to y Council by M' Miles Carey and others who brought back y Book of Claimes w'h y6 following Refolve viz By y houfe of Burgf3 Aug' y6 26th 1702 Upon Confideration of y Hon" [See J. of H. of B., p. 396.] Then y Council adjourned tiU to Morrow Morning 7 a Clock Thurfday Aug* 27: 1702 P'fent HIS Excellencie, Edm* Jenings, Jn" Lightfoot, Matth: Page, Benj" Harrifon, Rob' Carter, James Blair Efq" Upon reading y Refolve of the houfe of Burgef8 delivered on yefterday concerning y allowance to y6 Speaker Ordered That Benj" Harrifon & Rob' Carter Efq" be appointed a Comittee to draw up an Anfwer to the faid Refolve A peticon of M' Secretary Jenings praying allowance for 409 Military ComUfions lately Iffued out of his office and that it may be afcertained by whome y6 faid ffee fhaU be paid for y future Read and Referred to y6 Confideracon of y6 houfe of Burgef8 Benj" Harrifon Efq' from y Comittee appointed to draw up an anfwer to ye Refolve of y Burgef8 delivered on Yefterday concerning y6 allowance to y Speaker reported y Refolutions they had come to thereupon wch he delivered in at y6 table where y Same were read and agreed to by y Council excep' M' Secretary Jenings who propofed an expedient for compaffing that difference Ordered That y Clk of y Gen" Affembly carry to y houfe of Burgef8 the following Refolves of y Council in anfwer to y Meffage Yefterday concerning ye allowance to the Speaker Viz' By the Council Upon Confideracon of y' ... [See J. of H. of B., p. 397.] Whereupon his ExceUcy Ordered y Clk of y6 Gen" Affembly to carry to y6 houfe of Burgef8 y following written meffage from him Self relating to y6 above Refolve of y CouncU M' Speaker & Gent of y houfe of Burgef3 I fend you herewth a Copy [See J. of H. of B., p. 397.] A meffage from y houfe of Burgef8 to y6 Council by M' Miles Carey 8c others May it pleafe y Hon" We are corhanded by y houfe of Burgefes to return y Hon" y6 Book of Claimes and to acquaint you w'h what our Speaker & y6 houfe have done upon y laft Meffage By (360 By y houfe of Burgeffes Aug* 27 — 1702 May it Pleafe y hon" In anfwer to your Meffage [See J. of H. of B., pp. 398-99.] Refolved That y Council do agree to y Book of Claimes as amended Ordered That ye Clk of y Gen" Affembly carry y6 faid Book of Claimes to y6 houfe of Burg* and acquaint them y' y fame were agreed to by his Excellency and alfo by y honble CouncU A meffage to the Council by M' Miles Carey and others who brought ye following Refolve to w* they defire y Councils Concurrence By y houfe of Burgeffes Aug' y6 27th 1702 Refolved That y houfe doth agree to give [See J. of H. of B., p. 399.] And y6 faid Refolve was affented to by his ExceUcy and y Honble Council Ordered That y6 Clk of y Gen" Affembly carry y faid Refolve to y houfe and acquaint them y' y6 Same is affented to by his Excellcy and y honble CouncU A meffage to y CouncU by M' Rich* Bland 8c others y' y6 houfe of Burgef* had paffed Mr Treafurers Ace"8 and defired their hon" Concurrence thereto The faid ace"8 were then perufed and paffed by his Excellcy and y honble Council : and ordered to be returned to y houfe And then y Council adjourned till to Morrow Morning 8 a Clock Friday Aug* 28th 1702 P'fent HIS ExceUency, Ed: Jenings, JH" Lightfoot, Matth Page, Rob' Carter, & J a: Blair Efq" Ordered That y Clk of the Gen" Affembly go to the Houfe of Burg8 and command their immediate attendance on his ExceUcy in y6 Council Chamber M' Speaker wth y houfe attending his Excellcy was pleafed to fay M' Speaker and Gent of y houfe of Burgef3, It having pleafed the Almighty . . . [See J. of H. of B., pp. 400-01.] M' Miles Cary and others wait upon his ExceUcy and prefent y6 following addrefs from y houfe of Burgef* Viz May it pleafe y Excellcy Your Excellency's kind Meffage . . . [See J. of H. of B., p. 401.] A meffage from y houfe of Burgef* to y6 Council by M' Miles Carey and others who brought y book of proportions and an Engroffed bill for Laying a pubUck Levy and aUo two orders of y houfe of Burg8 for paying Sev" Sums out of y6 impofition fund to w61' they defire y Councils Concurrence The faid two orders were read as follow"- Viz By y Houfe of Burg3 Aug' 28: 1702 Ordered That y fum of Six hundred . . . [See J. of H. of B., pp. 401-02.] And (362) And y6 faid two ord" w'h y6 book of proportions being affented to by his Excellcy and y honble Council Ordered That y6 Clk of ye Gen11 Affembly return ye faid two orders & Book to ye houfe of Burg8 and acq' them that his Excellcy and ye honble CouncU have affented to y Same An Engroffed bill from ye Burgef8 Ent a bill for raifing a publick Levy read and affented to by the honble CouncU Ordered That y Clk of ye Gen" Affembly carry ye faid bill to ye houfe of Burgef" and acq' them y' y6 Council have affented thereto without any Amendment A meffage from y6 houfe of Burgef8 to ye Council by M' Miles Cary & others who brought y Inrolled bills paft this Seffion to be examined by ye CouncU And after ye CouncU had perufed them Ordered that ye Clk of y Gen" Affembly return y faid biUs to y6 houfe Ordered That ye Clk of ye Gen" Affembly go to y houfe of Burg8 and command their immedi ate attendance upon his Excellcy in y Council chamber and that they bring w'h them what bills they have for him to pafs The houfe attending M' Speaker Spoke as foUows May it Pleafe y Excellcy In obedience to y Excellcy8 commands the Houfe of Burg8 do now attend y Excellcy wth fev" Bills and an Ordinance of Affembly agreed upon this Seffion by the honble Council and themfelves moft of wch (metaphorically compared) may be faid to be Scions of y Excellcy8 fpeeches now grown up into trees adorned wth Sev" Branches and we hope they have been fo carefuUy tended b}' us as to receive y' Excellcy3 appro- bacon the titles of them are thefe An Ad for y regulacon and Settlem* of fferrys and for difpatch of publick Expreffes and for y fpeedy tranfporting forces over Rivers & Creeks in time of Danger An ad for deviding Charles City County An Ad Prohibiting Seamen being harboured or entertained on Shore An Ad for laying a Public Levy And an Ordinance of Affembly for defence of y6 Country in time of danger Which acts and Ordinance were aU Signed by his Excellcy and M' Speaker And then his Excellcy fpoke to this Effect, That he was very glad this Seffion was come to a friendly conclufion recommended to the Burgeffes to preferve peace and concord in their fev" Countys, and that they would endeavor to promote the Royal CoUege of William and Mary. That he had nothing further, but to thank them in her Matys name for the expreffions of their Loyalty and duty, and to tell them (tho with regrett) that he muft DUfolve them, and that accordingly they were dUfolved. True copy Examined

" Randolph Jun' CI : Ho Bur And the faid Refolves were feverally read & affented to by the Council And then his Excelloy was pleafed to fign his affent to y6 fame M' Tully Robinfon and others from the Houfe of Burgeffes aUo prefented to y CouncU an ordinance of Affembly impowering M' Henry Cary to make Sale of the Country houfes in the City of Williamfburgh, to wch they defire their Hon" concurrence And the faid Ordinance was thrice read, and affented to by the CouncU OrderedThat the Clerk of the Gen" Affembly carry back the fd Ordinance to y Houfe of Burgeffes and acquaint them that y6 Council have affented thereunto OrderedThat the Clerk of the Gen" Affembly carry back to the Houfe of Burgeffes the Refolves 8c orders this day fent up by them for concurrence, and acquaint them that his Excellcy and the CouncU have affented to y6 fame A meffage from the Burgeffes to the Council by M' Miles Cary 8c others who brought the InroUed BUls paft this Seffion, and acquainted their Hon" that the Houfe had examined them 8c that they agreed with the Original engroffed BUls. And the faid Bills were perufed by the Council, and Ordered (407) Ordered, that the Clerk of the Gen" Affembly return the fame to the Houfe of Burgeffes Ordered That the Clerk of the Gen" Affembly go to the Houfe of Burgeffes, and acquaint them that his ExceU0" commands their immediate attendance on him in the CouncU Chamber, and that they bring with them what Bills they have prepared for his Affent. And accordingly the Houfe being come to attend his Excelloy M' Speaker addreffed himfelf to his ExceU0" to this effect May it pleafe yo' Excellency In obedience to yo' Excell0"8 commands, We her Matys Loyal and dutifull fubjects the Houfe of Burgeffes are come to attend yo' ExceU0" and have brought with us feveral bills and Ordinances agreed upon by the honble CouncU 8c our felves, to w°h we humbly pray yo' ExceU0"8 affent. We have aUo brought an humble Addrefs to her moft facred Majefty to receive the benefite of yo' ExceU0"8 promUed favour in getting it prefented to her Royal hands Then the Titles of the faid BUls were read by M' Speaker, and are as foUoweth An Ad for dividing Sittenburn parifh An Ad for dividing S' Peters parifh in New Kent County An Ad Reviving the Adt for the better improving the breed of horfes & for reftraining unruly horfes An Ad for repealing the 2* Ad of Affembly made in the year 1664 Entituled an act for the ffrontiers to be feated with four able hands An Ad for reftraining Indians hunting and ranging upon patented lands An Ad for taring and afcertaining the Size of Tobacco hogfheads An Ad for reviving the Impofitions on Liquors, Servants and Slaves for one year & no longer An Ad appointing a Treafurer An Ad for removing Criminals from fhe Goals of fhe Countys where they fhal be appre hended to fhe publick Goal at Williamfburgh An Ad for allowing a greater number of publick Ordinarys An Ad for raifing a publick Levy AUo An ordinance of Affembly for defence of the Country in times of danger and An Ordinance impowering M' Henry Cary to make fale of the Country Houfes in the City of Williamfburgh AU which Adts & Ordinances were Signed by his ExceU0" and the Speaker And then his Excellency was pleafed to exprefs himfeU to this Effect, That he had according to the power Vefted in him by her Matys CommUfion given that Sanction to the Acts paft this Seffion w°h remained to make them compleat; but recommended to the Gentlemen of the Houfe of Burgeffes in their refpective Countys to take care that thofe Laws be put in execution, for without that aU their Labour, & the charge the Country had been at, in making them would be vain & ineffectual. And then made diverfe obfervations on the Several Acts that had been paft In particular, that fince this Affembly have repealed the act about the ffrontiers he recom mended to fuch of the Houfe of Burgeffes as were officers of the MUitia to be dUigent in the training thofe under their commands & taking care that they be provided with arms & Ammunicon according to Law for their neceffary defence. As to their Requeft of tranfmitting the Addrefs to her Majefty, his ExceU0" acquainted the Houfe that he was obliged in duty to do it, and would as he had promUed them before, reprefent to her Majefty the true State of this Country, and hoped that fince they had fo good & gracious a Queen, who ftudied fo much the happinefs of aU her Subjects, they of this her moft ancient & great Colony, had no reafon to doubt of her Majeftys gracious Care of them. That (408) That he now thankd God this Seffion was come to a good Conclufion, and hop'd their proceedings had been anfwerable to the intent of the Writt by w°h they were called, that he did not intend to give them the trouble of meeting again tUl next Odober, nor then neither unlefs he received particular commands from England for fo doing. That he thank 'd them for their addrefs to himfelf, and in anfwer thereto could only repeal [t] to them what he had faid on former occafions that he would always endeavour to promote the good of the Country, and that whenever he ceafed in his endeavors for her Matys fervice, and to do all the good in his power for Virginia, he might ceafe to be a man. And laftly his ExceU0" acquainted them that he had thought fitt to prorogue them tUl the Eighteenth day of Odober next, and that accordingly they were prorogued. Vera Copia Teft. WU Robertfon CI Gen1 Affembly AT A GENERAL ASSEMBLY Summoned to meet at her Majeftys Royal College of William & Mary adjoining to the City of Williamfburgh the 17^ and begun the 19^ oi March 1702 in the 2d year ofthe Reign of our Sovereign Lady Anne by the grace of God of England, Scotland France and Ireland Queen Defender ofthe faith &c, and thence by feveral prorogations continued and held at her Majties Royal Capitol the 18th day oi April MDCCV in the IVth year of her Majtj.es Reign. [From the Public Record Office, London, Colonial Office, Clafs 5, Vol. 1412, pp. 561-604.] At a General Affembly Summoned to meet at her Majeftys Royal College of William & Mary adjoining to the City of Williamfburgh the 17th and begun the K)^ oi March 1702 in the 2d year ofthe Reign of our Sovereign Lady Anne by the grace of God of England, Scotland France and Ireland Queen Defender of the faith &c, and thence by feveral prorogations continued and held at her Majti.es Royal Capitol the 18th day oi April MDCCV in the IVth year of her Majties Reign. [April 18*, 1705.] Prefent HIS Excell0" Francis Nicholfon Efq' &c, John Lightfoot, Robert Carter, John Cuftis, Philip Ludwell, William Baffett, Henry Duke, John Smith, John Lewis Efq" A Petition of Jofeph Chermefon, and A petition of Jean de Jarnal, Gabriel Maupin, Jean Delaune, Jn' James Veillon, & John Guy Rey praying for Naturalizacon, were read & Referred to y Confideracon of the Houfe of Burgeffes. A meffage to his Ex°" from y6 Burg8 by M' Wm Robinfon 8c others defiring his Excy to Ufue a New writt for a Burg8 to ferve in this Affembly for Richm* Co'ty in room of M' D. Gwyn decd The CouncU adjourn'd tUl to morrow morning 9 aclock. Thurfday April 1 9th 1705 Prefent HIS Excellency, Jn" Lightfoot, Robert Carter, Jn" Cuftis, Philip Ludwell, William Baffett, Henry Duke and Jn" Lewis Efq" Ordered That the Clerk of the Gen" Affembly go to the Houfe of Burgeffes & acquaint them that his ExceU0" commands their immediate attendance on him in y Council Chamber The Houfe attending, His ExceU0" was pleafed to make the following Speech w°h he afterwards delivered to M' Speaker. HonbU Gentlemen God Almighty having [See J. of H. of B., 1702/3-1712, pp. 87-88.] Then the CouncU adjourned till tomorrow morning 9 aclock R Friday April the 2 oth 1705 Prefent OBERT CARTER, Philip Ludwell, Wm Baffett, Henry Duke, Jn' Smith, John Lewis Efq'8 The Council mett and adjourned till to morrow morning 9 aclock Saturday (412) Saturday April 2ift 1705 Prefent HIS Excellency, Jn' Lightfoot, Robert Carter, Jn° Cuftis, PhUip Ludwell, William Baffet, Henry Duke and Jn" Lewis Efq" A petition of Jn° Creekmore Edmund Creekmore Edw* Creekmore & Henry Dale being read, reprefenting that the Officers of North Carolina Governm' have made Dif tref s for the Q'rents of the Lands poffeft by them lying in Norfolk County & held by vertue of a patent from his late Excell0" S' Edm* Andros Refolved That the faid peticon be fent to y6 Houfe of Burgeffes to whom ye CouncU recom mend to take into confideracon the moft effectual method for protecting the Inhabitants of this Colony that have patented Lands on y6 Confines of North Carolina. OrderedThat a copy of part of a lett' from the R' honble the Lords Comm" for trade & plantacons of the 4th Jan'y 1^22 relating to the Boundarys between this Governm* & Carolina be fent to the Houfe of Burgeffes for their confideration. OrderedThat the Clerk of the Gen" Affembly carry to the Houfe of Burgeffes the foUowing meffage in writing By his Excellcy & the honble Council M' Speaker & Gent of the houfe of Burgeffes His Excelloy having . . . . [See J. of H. of B., p. 91.] His ExceUoy abfent A meffage from the Burgeffes to y6 Council by M' W"' Randolph 8c others that they were commanded by the Houfe to defire a Conference with their Hon" concerning the moft proper methods for fecuring the peace of the Country ag' y Indians His Excellcy prefent A meffage from the Burgeffes to his Excellcy by M' Miles Cary & others who brought to his Exoy the following Refolve viz April 20th 1705 By the Houfe of Burgeffes. Refolved nemine contradicente That this Houfe doth heartUy concur with his Excelloy that Munday next being the 23d day of this moneth be kept by the Gen" Affembly as a pubUck day of thankfgiving to Almighty God for the caufes mentioned in his ExceUcy" fpeech. RefolvedThat the Council do agree to the Conference defired by the Houfe of Burgeffes concerning the moft proper method for fecuring the peace of the Country ag' the Indians; and Robert Carter, Jn" Cuftis & Philip Ludwell Efq" were appointed to manage y fd Conference. Ordered That y Clerk of the Gen11 Affembly go to the Houfe of Burgeffes and acquaint them that ye Council have appointed three of their members to meet fuch a number of the Burgeffes as the Houfe fhal appoint concerning y6 moft proper method for fecuring the peace of the Country ag' y6 Indians, and that y6 fd Conferrees wiU be ready in the Con ference Room on tuefday next at ten a clock in the forenoon. Refolved That the Council do concur with his ExceUcy that Munday next be kept by the Gen" Affembly as a publick day of Thankfgiving to Almighty God for the caufes mentioned in his ExceU0"8 Speech Then y6 Council adjourned till tuefday morning 9 aclock. Tuefday (413) Tuefday April 24th 1704 [1705] Prefent HIS Excellency, Jn" Lightfoot, Rob' Carter, Jn' Cuftis, Philip Ludwell, Wm Baffett, Jn" Lewis Efq" A Letter from one James Wood to Cap' George Braxton of King 8c Queen County giving an Acco' of a Robbery committed by Indians in y Upper parts of that County read & Referred to the confideracon of y Houfe of Burgeffes A petition of Coll° James Taylor for Leave to go upon a dUcovery on the back parts of King 8c Queen County Read & Refer 'd to y confideration of the Houfe of Burgeffes. His Excellency was pleafed to deliver to the Gentlemen appointed to manage the Conference with the Burgeffes concerning y6 Indians, a Memorandum concerning the care that hath been taken to ranfom y Nattoway King. A Letter from his ExceU0" Coll° Seymour Gov of Maryland concerning y Indians Read& Referred to y confideracon of the Houfe of Burgeffes His ExceU0" abfent A meffage from the Burgeffes to the Council by M' Benj" Harrifon 8c others that they were commanded by the Houfe to acquaint their Hon" that in purfuance to their Hon" agreem' to the Conference defired by the Burgeffes, they had appointed fome of their members to attend the members of the Council appointed to manage that Con ference. Then y Managers for the Council went to the Conference. Jn" Smith Efq' prefent The CouncU adjourn'd till to morrow morning 9 aclock Wednefday April ye 25th 1705 Prefent HIS ExceUency, Jn" Lightfoot, Henry Duke, Jn" Smith, Jn" Lewis Efq" A peticon of Cha3 Robinfon, John Robinfon 8c Harry Beverley Feofees in truft for y Town Land in Middlefex County praying to be heard before the Gen" Affembly touching the Building of a Court houfe for y6 faid County on y Town land &c Read & Referred to the confideration of the Houfe of Burgeffes. The Grievances of the ffreeholders of Middlefex County The Grievance of New Kent County The Grievances of King 8c Queen County The Grievances of King WiUiam County were feverally read & Referred to y confideration of the Houfe of Burgeffes A propofition from York County, & peticon of diverfe Merchants & others for Leave to fhip off Tobacco in hogfheads made & packd before y6 late Act for taring & afcertaining the Size of Tobacco hhd8, and A peticon of the Inhabitants of the Upp' parts of S' Stephens parifh in King & Queen County praying a Divifion of y faid parifh, Were feverally read & Refer'd to y6 confideration of the Houfe of Burgeffes The feveral peticons and Claimes of James Mofs Gent Sherif of New Kent Rob' Bird Gent. Sherif of King 8c Queen, 8c Rich* Covington Gent Sherif of Effex for allowance of their charges &c for Conveying the Nanfiatico Indians prifoners through y6 fd Countys, Read& Referred to y confideracon of the Houfe of Burgeffes A peticon of Jn' Redwood praying that he may be pd in money for the diet of the Nanfiatico Indians, and alfo A (414) A peticon of the fd Jn" Redwood praying allowance of his SaUary as Keeper of the publick prifon, and A peticon of Wm Chaplyn praying AUowance of his SaUary were SeveraUy read & Referred to y6 confideracon of the Houfe of Burgeffes Ordered That the Clerk of the Gen" Affembly carry to the Houfe of Burgeffes the following Meffage in writing from his ExceU0" & the CouncU M' Speaker & Gentlemen of fhe Houfe of Burgeffes His Excell0" and the Council having [See J. of H. of B., pp. 93-4.] OrderedThat the Clerk of the Gen" Affembly carry the foUowing meffage in writing from his ExceU0" to the Houfe of Burgeffes M' Speaker df Gentlemen of the Houfe of Burgeffes. In my progrefs [See J. of H. of B., pp. 95-6.] Rob* Carter Jn" Cuftis 8c Ph: Ludwell Efq" prefent The anfwer of the Court of Middlefex County to the peticon of y ffeofees in truft for the Town Land in Middx County & order of Council thereon, was read & Referred to y6 confideracon of the Houfe of Burgeffes And then y CouncU adjourned till tomorrow morning ten aclock Thurfday April 26th 1705 Prefent 7 OHN LIGHTFOOT, Robert Carter, John Cuftis, Philip Ludwell, Henry Duke, John Smith and John Lewis Efq" CoU° Carter from the Conference with the Burgeffes concerning y moft proper method for fecuring the peace of the Country ag' the Indians. Reported that the Conferrees had come to feveral Refolutions therein wch he read in his place and afterwards deliver'd in at the Table, & are as follow viz That the old Indian Man named Madox WiU, and the woman named Betty be fet at liberty. That the other men, the Youths about 1 2 years old & the women named Sarah 8c Monafta be tranfported to fome of the Iflands 8c there fold to be fervants for Seven years, and afterwards to be free, with a provUo that they fhal never return to this Governm' on pain of forfeiting their Lives. That the other women & the Girles about 1 2 years old be fent to the Eaftern fhore & bound to be ferv'8 for feven years, afterwards to be free in that place with a provUo that U ever they are found out of the Countys of Accomack 8c Northampton (without Licence) they fhal forfeit their Lives That y chUdren under twelve years be bound out amongft y Englifh here to be Servants tUl they are twenty four years old. That the bounds for the Nottoway Indians land be laid out for them as foUoweth Viz a Circle three mUes round their Fort where they now live, and another parcel of Land on the Southfide of Nottoway River Six mUes Square, that is to fay begining upon the River and the Lower end of Waricake old fields, and runing three mUes up the River, and three miles down, and fix miles backwards into the woods upon Right Angles with y Main Courfe of the River in that Six mUes. That the bounds of the Maherin Indians lands be laid out as foUoweth viz a f treight Line fhal be run up the middle of the neck between Maherin River & Nattoway River from y6 mouth of y fd Rivers fo far as will include between that Line & Maherin River fo much Land as wiU be equal in quantity to a Circle of three mUes round their Town. That provifion be made that when any Englifhman fhal do any Injury to an Indian, upon Complaint made to ye next MagUtrate he fhal fend a warrant for the perfon com plained ag' and U he finds the matter within his Cognizance he fhal do y6 Indian y fame (415) fame right that fhould be done to an Englifhman; and U the matter is not within the CognUance of one Juftice and he fees juft caufe, he fhal bind the offender over to the next County Court, who fhal proceed thereupon & give y fame redrefs to y Indian that an Englifhman could obtain upon regular procefs. That provifion be made that the late Act prohibiting Indians hunting upon patented Lands may not be extended to the Pamunkey Indians. And ye fd CoU0 Carter aUo Reported that upon confideracon of fev" Lett" & papers relating to the Indians on the head of Potomack River 8c in Maryld the Conferrees were of opinion that they were moft proper to be confidered by the Burgeffes in their Houfe. A Petition of M' Chicheley Corbin Thacker praying allowance of his acco' for binding a Record Book belongmg to y Sec?"8 office, A peticon of the fd M' Chicheley Corbin Thacker in behaU of M' SeC" Jenings praying aUowance for fev" military CommUfions Ufued out of the Secrys office A peticon of M' Charles Chifwell praying allowance for pubUck Services as Clerk of the Secretarys office A peticon of Thomas Wynne Interp' of y Nottoway Maherine 8c Nanfem* Indians, and A peticon of James Adams Interp' to the Pamunky 8c Chicahominy Indians praying aUowance for their SaUarys Were Severally read & Referred to y confideracon of y6 Houfe of Burgeffes And then y6 Council adjourned tUl to morrow morning 9 aclock Friday April ye 27th 1705 Prefent HIS ExceUency, Jn" Lightfoot, Rob1 Carter, Jn' Cuftis, Philip Ludwell, Henry Duke, Jn" Smith and Jn" Lewis Efq" His ExceUency laying before the CouncU a Refolve of the Houfe of Burgeffes prefented to him laft night by M' Wm Randolph & others in the foUowing words viz Thurfday April 26th 1705 By y Houfe of Burgeffes Refolved That her Matys fhip the Strombulo Capt Matthew Teate Comd6r is not a Sufficient Convoy for the Ships now in the Country, and therefore that it is not either for her Matys Service or the Countrys intereft that y fd Ships fhould faU with her. RefolvedThat the CouncU do agree with the Houfe of Burgeffes that her Matys fhip Strom bulo is not a fufficient Convoy for y Ships now in the Country, & that it is not for her Matys Service or the Countrys intereft that y faid fhips fhould faU under her Convoy. Ordered That the Clerk of the Gen" Affembly carry the following meffage in writing from his ExceUcy to y Houfe of Burgeffes M' Speaker & Gentlemen of the Houfe of Burgeffes I have received [See J. of H. of B., p. 97.] The CouncU adjourned tUl tomorrow morning 9 aclock y Saturday April 28th 1705 Prefent OHN LIGHTFOOT, Jn" Cuftis & Philip Ludwell Efq" The Council mett, and Adjourned till Munday at one aclock in y afternoon Monday J (416) Monday April 30th 1705 Prefent OHN LIGHTFOOT, Rob' Carter, John Cuftis, Philip Ludwell, William Baffett, Henry Duke, Jn' Smith, Jn" Lewis Efq" The Council mett and adjourned till to morrow morning 9 aclock Tuefday May the ift 1705 Prefent HIS Excellencie, Jn' Lightfoot, Rob' Carter, Jn' Cuftis, Philip Ludwell, Will" Baffett, Henry Duke, Jn" Smith, Jn' Lewis Efq" Ordered That the Clerk of the Gen1 Affembly go to the Houfe of Burgeffes and acquaint them that his ExceUency commands their immediate attendance on him in the Council Chamber Abfent John Lightfoot, Rob' Carter, Philip Ludwell and William Baffett Efq" The Houfe of Burgeffes attending, His Excelloy was pleafed to make the foUowing Speech M ' Speaker & Gentlemen of the Houfe of Burgeffes. I am heartUy forry .... [See J. of H. of B., pp. 101-102.] A meffage to his Excelloy from y Burgeffes by M' Corbin 8c others that they were Comd6d to wait on his Ex°" & to defire him to Ufue a New Writt for y election of a Burgefs to ferve in this Affembly for Elizabeth City County in y room of Anth" Armiftead Gent deceafed The Council adjourned tUl to morrow morning 9 aclock. H Wednefday May 2d 1705 Prefent IS Excellencie, John Lightfoot, Jn" Cuftis, John Smith, Jn' Lewis Efq" The peticon of James Minge praying allowance for drawing 8c calculating eight large Dyals for the Capitol, and a peticon of Jn" Francis Decopet praying for Naturalizacon Were Severally Read 8c Refer 'd to y6 confideracon of the Houfe of Burgeffes And then y6 Council adjourned tUl to morrow morning 9 aclock. Thurfday May the 3d 1705 Prefent HIS Excellency, John Lightfoot, Robert Carter, Jn" Cuftis, Philip Ludwell, W" Baffett, Henry Duke, Jn" Smith, Jn" Lewis Efq" OrderedThat the Clerk of the General Affembly carry the following meffage in writing from his ExceU0" & the Council to the Houfe of Burgeffes M' Speaker & Gentlemen of the Houfe of Burgeffes His ExceU0" having received ... . [See J. of H. of B., p. 106.] The peticon of Coll° James Taylor in behalf of fev" of the Inhabitants of King & Queen County relating to y6 clearing Mattapony River & making it Navigable Read & Referred to y6 confideration of the houfe of Burgeffes The Return of Major Allen to an ord' of CouncU for laying out the dividing Lines between Surry, Ifle of Wight, Nanfemond 8c Prince George Countys read and Referr'd to y confideracon of the Houfe of Burgeffes Then the CouncU adjourned till tomorrow morning 9 aclock Friday / (417) Friday May 4th 1705 Prefent N° LIGHTFOOT, Robert Carter, Jn' Cuftis, Philip Ludwell, Wm Baffet, Henry Duke, Jn' Smith, Jn' Lewis Efq" The Council mett and adjourned till tomorrow morning 9 aclock H Saturday May 5th 1705 Prefent IS Excellencie, Jn' Lightfoot, Rob' Carter, Jn' Cuftis, Philip Ludwell, Wm Baffet, Henry Duke, Jn" Smith, Jn" Lewis Efq" The CouncU adjourned till Munday at one aclock afternoon Munday May 7th 1705 Prefent /N° LIGHTFOOT, R Carter, Jn' Cuftis, PhUip Ludwell 8c Jn" Smith Efq" A meffage from the Houfe of Burgeffes to y6 CouncU by M' Jofeph ffofter & others who brought the foUowing Bills viz A biU Entituled An Ad concerning the Nanfiatico & other Indians. A BUl Entituled An Ad for fettling and afcertaining the current Rates of forreign Coins in this Dominion, 8c A BUl Ent an ad permitting the exporting and difpofing of Tobacco pack'd in old Cask. To w°h they defire the concurrence of the CouncU An Engroffed bill from the Burgeffes Entituled An Ad concerning the Nanfiatico and other Indians, read the firft tune, & Ordered to be read a 2d time An Engroffed bill from the Burgeffes Ent an Ad for fettling & afcertaining y Current rates of forreign Coins in this Dominion Read the firft tune & Ordered a 2d reading An Engroffed bUl from the Burgeffes Ent An Ad permitting the exporting & difpofing of Tobacco pack'd in old Cask read the firft time & Ordered a 2d reading Jn' Lewis Efq' prefent And then the CouncU adjourned till to morrow morning 10 aclock. Tuefday May 8th 1705 Prefent HIS Excellency, John Cuftis, Philip Ludwell, Jn' Smith, John Lewis Efq" Ordered That the Clk of the Gen" Affembly carry the foUowing meffage from his ExceU0" to the Houfe of Burgeffes M' Speaker & Gentlemen of fhe Houfe of Burgeffes I recommend to you [See J. of H. of B., p. 109.] The acco' of the Charges of the Nottoway Maherin & Pamunky Indians due to Jn° Redwood read & Refer 'd to the confideracon of the Houfe of Burgeffes Edward Rofs's Claim for ferrying over James River twenty nine Indians Read & Refd to y6 confideracon of the Houfe of Burgeffes. prefent John Lightfoot, Robert Carter, Wm Baffet 8c Henry Duke Efq" A BUl Entituled an Ad concerning the Nanfiatico & other Indians read y 2d tune & Committed for amendments to Rob' Carter Jn" Cuftis, Jn" Smith & Jn" Lewis Efq" A (4i«) A BiU Ent an Ad permitting the exporting & difpofing of Tobacco packd in old Cask read the 2d tune & committed for amendments to Jn" Lightfoot, Philip Ludwell, Wm Baffet 8c Henry Duke Efq" And then the Council adjourned till afternoon But before they had withdrawn His Excellency laid before the CouncU feveral Refolves of the Houfe of Burgeffes prefented to him yefterday by Col° Gawin Corbin 8c others as an anfwer to his ExceU0"* Speech on the i" inftant, and ordered them to be entered here, which Refolves are as follows Friday May y6 4th 1705 By the Houfe of Burgeffes Refolved that it the opinion of this Houfe That his Excellency the prefent Governor has a great refpect for the welfare & profperity of this Country, and that the better part of her Majeftys good & loyal Subjedts here are not of y6 fame Sentiments with that part of the Council w°h have accufed his ExceUoy of Mal-adminUtration Saturday May s'h 1705 Refolved That the publick peace & tranquility of the Country is under no danger by his ExceU0"8 adminUtracon, and that the far greater part of the Inhabitants are very quiet and weU fatisfied being in peace and quietnefs without y leaft defire of having his Excell6" removed from being their Governor. Refolved That it doth not appear that the people whom this Houfe doth reprefent have com plained ag' his ExceUcy for any hardfhips or Mal-adminUtration. Refolved nemine contradicente 8c accordingly Ordered That y6 Records belonging to y6 Secretarys Office, and the Records of the Affembly Office be removed to the Capitol with all convenient expedition, and that the refpective Clerks take care to fee the fame done. Refolved That it no ways appears to this Houfe that his Excelloy hath any defign to introduce any arbitrary power by a MUitary Force of the fifth men or any other way, or that he hath endeavoured to invade the Libertys and propertys of her Matys Subjects here. Refolved That his ExceUcy doth ftUl merit the worthy character w°h hath been heretofore given him by the Houfe in feveral Addreffes RefolvedThat whoever pretends to take upon himfeU to reprefent the Country in general under any Grievance or preffure without the confent & authority of this Houfe fo to do, is thereby guUty of an unwarrantable Act tending to the prejudice of the Country Wm Randolph Jun' CI Ho Burg" Then his Excelloy defired CoU0 Baffet to declare his reafons for his abfence when his Excelloy made his Speech on the ift inftant, becaufe it might be made ufe of as U he was a party with the other Gentlemen that have complain 'd. And CoU° Baffet thereupon Declared that the reafon of his withdrawing was becaufe he would no way be concerned in the difference depending in Engld between his Excellcy and the Gentlemen of the Council that have complain'd ag' him. C Poft Meridiem Prefent as before OLLO Lightfoot from the Com'66 appointed to prepare amendm'8 to the BUl Ent an Ad permitting fhe exporting and difpofing of Tobacco packd in old Cask Reported the amendmts made by them to the fd BUl, wob were read & agreed to and Ordered that y6 faid Bill with the amendm'8 be read a 3d time CoU° (419) CoU0 Lightfoot from the Com'66 to whom it was referred to prepare amendm'8 to the BUl Ent an Ad for fettling and afcertaining the current rates of Forreign Coins in this Dominion, Reported the amendm'8 made by them to the faid BiU w°h were read & agreed to, & Ordered that the faid Bill with the amendm'8 be read a 3d time Coll° Carter from the Com'66 to whom it was referred to prepare amendm'8 to the BUl Ent an Ad concerning the Nanfiatico & other Indians Reported the amendm'8 made by them to y fd Bill, w°h were read & agreed to, and Ordered that y6 fd BUl with y6 amendm'8 be read a 3d time And then y Council adjourned till tomorrow morning 9 aclock. Wednefday May 9th 1705 Prefent ~M~\OBERT CARTER, Jn' Cuftis, PhUip Ludwell, Wm Baffett, Henry Duke, John g^ Smith and Jn" Lewis Efq" -*¦ V. A BUl Ent An Ad concerning the Nanfiatico & other Indians read the 3d time with the amendm'8 RefolvedThat the BiU with the amendments do pafs John Lightfoot Efq' prefent A bUl Ent an Ad for fettling and afcertaining fhe current rates of forreign Coins in this Dominion was read the 3d time with ye amendm'* Refolved That the BUl with the amendments do pafs. A Bill Entituled An Ad permitting the exporting & difpofing of tobacco packd in old Cask was read the 3 d time with the amendm'" RefolvedThat the Bill with the amendments do pafs. Ordered That the Clerk of the Gen" Affembly carry to the Houfe of Burgeffes The BiU Ent an Ad concerning the Nanfiatico 6° other Indians. The BUl Ent an Ad for fettling & afcertaining fhe current rates of forreign Coins in this Dominion, and the Bill permitting the Exporting and dUpofing of tobacco pack'd in old Cask; and acquaint them that the CouncU have agreed to the faid three Bills with diverfe amendments to •wcb they defire the concurrence of the Houfe of Burgeffes. Wm Baffet Efq' abfent A meffage from the Burgeffes to y CouncU by M' Miles Cary 8c others who brought the Book of publick Claims paft by the Houfe of Burgeffes and defired the Councils concurrence thereto. The CouncU proceeded upon reading the Book of Claims made up this Seffion and the fd book being read through RefolvedThat y6 faid Book of Claims do pafs OrderedThat the Clerk of the Gen" Affembly endorfe thereon the fd Book of Claims that y6 fame is affented to by the CouncU. A meffage from the Burgeffes to y6 CouncU by Mr Benj" Harrifon 8c others that the Houfe had read the amendments made by theu Hon" to the BiU Entituled an A d for fettling & afcertaining fhe current rates of forreign Coins in this Dominion, & had agreed to all the amendm'8 except y6 laft, and defire a Conference on the Subject matter of y fd amendment RefolvedThat the CouncU do agree to an immediate Conference with the Burgeffes on the Subjedt matter of the faid amendm', and Rob' Carter Jn" Cuftis and Philip Ludwell Efq" were appointed to mannage the fd Conference Ordered (420) OrderedThat the Clk of the Gen" Affembly go to the Houfe of Burgeffes & acquaint them that the CouncU agree to y Conference defired by them on the fubject matter of the amendm' made to the BiU Ent an Ad for fettling & afcertaining the current rates of forreign Coins in this Dominion, and have appointed three of their members to manage the fd Conference with fuch a number of the Burgeffes as the Houfe fhal think fitt, and that y managers for the Council are now ready in the Conference Room. And then the managers went to the Conference And being returned Rob' Carter Efq' Reported that the managers for the CouncU had mett thofe of the Burgeffes and the Burgeffes had offerred their reafons for difagree- ing to the amendment to the Bill for fettling & afcertaining the current rates of forreign Coins in this Dominion, and the Council had aUo offered their reafons for adhering to the fd amendment A meffage from the Burgeffes to ye Council by M' Tully Robinfon 8c others that y Houfe of Burg8 had taken into confideracon their Hon" amendments to the Bill Entituled an Ad concerning y Nanfiatico & other Indians, 8c had agreed to part, & fome part they could not agree to, & therefore defired a Conference with their Hon" on the faid amend ment RefolvedThat the CouncU do agree to the Conference defired by the Burgeffes on the Subject matter of their amendm'8 to the BUl Ent an Ad concerning y Nanfiatico & other Indians, and Ordered That the Gentlemen who managed yc Conference on the amendm'8 to the BUl for fettling & afcertaining y6 Current rates of forreign Coins in this Dominion be appointed managers in this Conference. OrderedThat the Clerk of the Gen" Affembly go to the Houfe of Burgeffes, and acquaint them that the CouncU agree to the Conference defired by the Houfe on the Subject matter of the amendments made by the Council to the bill Ent an Ad concerning y Nanfiatico & other Indians, and have appointed three of their members to manage y fd Conference with fuch a number of the Burgeffes as the Houfe fhal think fit & that the managers for the CouncU are now ready in the Conference Room Then the Managers went to the Conference And being returned Rob' Carter Efq' Reported that the managers appointed by the CouncU had mett thofe from the Burgeffes on the amendm'8 to the BUl concerning the Nanfiatico 8c other Indians; and that the matter infifted on by the Burgeffes was for expunging that amendm' whereby Madox Will 8c the old Indian woman Betty were declared free, and gave feveral reafons ag' that amendment Upon confideracon of the reafons offerred by the Burgeffes at the Conference and now Reported by the managers for the Council for expunging that amendm' made by their Hon" to y bUl concerning y6 Nanfiatico 8c other Indians, w°h excepts the old Indian man named Madox WiU 8c the woman named Betty from tranfportacon & declares them to be fett at liberty OrderedThat the Clerk of the Gen" Affembly acquaint the Houfe of Burgeffes that the Council are willing to recede from that amendment. A meffage from the Burgeffes to the CouncU by Mr Edw* Hill 8c others who acquainted their Hon" that the Houfe had agreed to y amendm'8 made by the CouncU to the BUl Entituled an Ad for fettling & afcertaining y curr' rates of forreign Coin in this Dominion, and aUo to the amendm'8 to the Bill Ent an Ad permitting the exporting & difpofing of tobacco packd in old Cask, and had inferted them therein. And (42i) And the faid BUls & amendm'8 being examined Ordered That the Clerk of the General Affembly return ye fd BiUs to the Houfe of Burgeffes and acquaint them that the Council have compared the BUls & amendm'8, and are Satisfyed that the amendments are truly inferted. The CouncU adjourned till tomorrow io aclock in the forenoon Thurfday May 10th 1705 Prefent /OHN LIGHTFOOT, Rob' Carter, John Cuftis, Philip Ludwell, Henry Duke, Jn' Smith and Jn" Lewis Efq" His ExceUency having laid before the CouncU a lett' from Mr John Croft giving an Acco' of a Veffell come in to Kiquotan that was chafed by a Briganteen Suppofed to be a French Privateer near Smiths Ifland Ordered That y fd Lett' be referred to y confideracon of the houfe of Burgeffes Ordered That the Clerk of the Gen" Affembly carry the following meffage in writing from his Excelloy to the Houfe of Burgeffes M ' Speaker & Gent of the Houfe of Burgeffes Since I underftand [See J. of H. of B., p. 114.] OrderedThat the Clk of the Gen" Affembly carry the following meffage in writing from his ExceUoy to the houfe of Burgeffes. M' Speaker & Gent of y Houfe of Burgeffes Upon perufal . . [See J. of H. of B., p. 115.] Ordered That the Clerk of the Gen" Affembly carry the following meffage in writing from his ExceU0" to ye Houfe of Burgeffes M ' Speaker & Gentlemen of fhe houfe of Burg' Mr Treafurer having made [See J. of H. of B., pp. 115-116.] Abfent. Philip Ludwell & Henry Duke Efq" A meffage from the Burgeffes to the Council by M' Wm Byrd & others who brought a bUl Ent An ad to enable fhe Court of King & Queen County to purchafe Land to build a Town, and aUo a BUl Ent An Ad for Naturalization of Claude PhUip De Richebourgh, Francis Ribot John Joanny Peter ffaure James Champagne & others, to w°h they defire the CouncUs concurrence A BUl Ent an Ad to enable fhe Court of King & Queen County to purchafe Land to build a Town read the firft time & Ordered a fecond reading A Bill Ent an Ad for Naturalizacon of Claude PhUippe de Richburg Francis Ribot John Joanny Peter Faure & James Champayne & others read the firft time 8c Ordered a fecond Reading Then the Council adjourned for an hour THE CouncU being mett again A meffage was brought from the Burgeffes to the CouncU by Mr Jofeph ffofter 8c others who brought the Bill Ent an Ad concerning the Nanfiatico & other Indians and acquainted the Council that the houfe had agreed thereto with the amendments propofed by the Council & had inferted them therein The (422 ) The Council having perufed the fd BUl Refolved That y fd BUl as it is amended be agreed to. OrderedThat the Clerke of the Gen11 Affembly return y fd BUl to y Houfe of Burgeffes, and acquaint them that the CouncU have perufed y fame, 8c are fatisfyed that y amendm'8 are rightly inferted. A motion being made that the bUl Ent an Ad to enable the Court of King & Queen County to purchafe land to build a Town 8c the Bill for Naturalizacon of Claude Philyppe de Richebourg &c be now read a 2d time Refolved That the fd two BUls (being private Bills) be now read a 2d time A meffage from the Burgeffes to his ExceU0" by Mr James Wilfon 8c others who brought the following anfwer to his Ex0"8 meffage concerning the Claim of Cap' Nick* SmithMay it pleafe yo' Excellcy Upon confideration [See J. of H. of B., p. 118.] M' James Wilfon and others from the Burgeffes prefented to his ExceU0" the fol lowing anfwer to his Ex0"8 meffage concerning the Nanfiatico Indians May it pleafe yo' Excellency Upon confideracon ... [See J. of H. of B., p. n8.] A BUl Entituled an Ad for Naturalizacon of Claude PhUippe de Richbourg Francis Ribot Peter Faure John Joanny, James Champagne & others Read the 2d time & Committed for amendm'8 A BUl Ent An Ad to enable the Court of King & Queen County to purchafe Land to build a Town, Read the 2d tune & Ordered to be read a third time And then the CouncU adjourned tiU to morrow io aclock in the forenoon Friday May nth 1705 Prefent HIS ExceUencie, John Lightfoot, Rob' Carter, Jn" Cuftis, Philip Ludwell, Henry Duke, John Smith and John Lewis Efq" OrderedThat the Clerk of the Gen" Affembly carry to the Houfe of Burgeffes the foUowing meffage in writing from his Excellency M' Speaker & Gent of fhe Houfe of Burgeffes I have perufed yo' Refolves [the Houfe Journal has "Meffage"] [See J. of H. of B., p. 119.] A meffage from the Burgeffes to y6 CouncU by M' James Wilfon & others who brought fev" Refolves to w°b they defire the CouncUs concurrence Which Refolves being read were agreed to, and are as follows viz Refolved That the roof of the Capitol & prifon be tarr'd again this Summer as often as the overfeer of the BuUding fhal think fitt. That y Wainfcot & other wooden work on the firft & fecond floor in that part of the BuUding where the Gen" Court is, be painted like marble, & the wainfcot & other wooden work on the two firft floors in the other part of the Building fhal be painted like wainfcot, and the Doors & other wooden work in the roof fhal be painted white, and the Cupulo to be painted in fuch manner as fhal be directed by the Overfeer of y BuUding That there be fix large Sundials painted upon ye Cupulo That (423 ) That twelve hundred foot of flag ftone to pave the walks that lead to the Capitol be fent for to England. That the Spring be laid round with the peices of the broken flagg ftones to keep it from filling up That there be a privy Houfe buUd convenient to y6 Capitol upon the Hillfide Eight foot wide and fixteen foot long with a lock upon every door. That a pair of Stocks pillory & Whipping poft be built near the Capitol Ordered That y6 Clerk of the Gen" Affembly return the fd Refolves to the Houfe of Burgeffes & acq' them that the fame are affented to by his Excy & y CouncU A BUl Entituled an Ad to enable the Court of King & Queen County to purchafe Land to build a Town read y6 3d time, and thereupon Refolved That the BUl do pafs without any amendm' Ordered that the Clerk of the Gen" Affembly carry the fd Bill to the houfe of Bur geffes and acq' them that the Council have agreed thereto without any amendm' A BiU Entituled an Ad for Naturalizacon of Claude PhUippe de Richebourgh Francis Ribot Peter Faure John Joanny James Champagne & others being amended in Council, & y6 amendments twice read, The fd BUl with the amendm'8 was read y6 3d time Refolved That the BUl with y6 amendm'8 do pafs Ordered That the Clerk of the Gen" Affembly carry y fd Bill to the houfe of Burgeffes and acquaint them that y6 CouncU have agreed thereto with fome amendments to w°h they defire the concurrence of that Houfe. A meffage from the Burgeffes to the Council by M' Rice Hoe 8c others who brought fome Refolves of the Houfe to woh they defire their Hon" concurrence Which Refolves were read and agreed to, & are as follow Refolved That Thomas Whitby be paid according to his peticon Refolved That it is the opinion of this Claufe [Houfe] that Jn" Martin have the Indians now in prifon to tranfport upon the terms laid down in his petition if he wiU oblige himfelf to return a Certificate under the hand of the Govern' of the place, to w611 he tranfports them that he hath fold them according to the time Limited in the adt of Affembly. Refolved That the Goal Keeper fhal charge no more for keeping the Indians in his cuftody tUl they are carryed off than after the rate heretofore aUowed. Then his Exoy was pleafed to fign his affent to the fd Refolves. The faid M' Hoe brought the BiU Entituled an A d for Naturalization of Claude Philippe de Richebourgh, Francis Ribot Peter ffaure, John Joanny James Champagne and others and acquainted the Council that the Houfe had agreed to the amendments propofed by their Hon" to the faid Bill and had inferted them therein And the fd Bill being perufed by y Council OrderedThat y Clk of y Gen" Affembly return y6 fd BUl to the Houfe of Burgeffes and acq' them that the CouncU have examined y fame & are fatisfied that the amend11'8 are truly inferted, and aUo carry back y6 Refolves brought by M' Hoe & acq' the Houfe that y fame are agreed to A meffage from the Burg8 to his Excellency & the CouncU by M' Wm Randolph 8c others, that they were commanded by the Houfe of Burgeffes to wait on his Excellcy & their Hon" with a Congratulatory Addrefs to her Majefty prepared by the Houfe to w°h they pray his Excellcy8 & their Hon" concurrence A (424) A meffage to the CouncU by M' George Marable 8c others who brought M' Treafurers acco'8 of the Impofitions paffed by the Houfe of Burgeffes and defired their Hon" concurrence. The Congratulatory Addrefs to her Majefty prepared by the Houfe of Burgeffes being read was agreed to with fome Additions Ordered That the Clerk of the Gen" Affembly carry the fd Addrefs to the Houfe of Bur geffes and acquaint them that his Exoy & y6 Council have agreed thereto with fome Addi tions to w°h they defire the concurrence of that Houfe A petition of Charles Heydon, John Jones and others Mafters of fhips now in York River, and aUo A petition of Robert Baily, Jofeph Smith and Hugh Arbuthnot, M'8 of Ships in behalf of themfelves & others Mafters of fhips in Potomack 8c Rapp' Rivers praying leave to faU for Engld with the Strombulo man of war, Were feveraUy Read & Refer 'd to ye confideration of the Houfe of Burgeffes M' Treafurers acco'8 of the Impofitions on Liquors Servants 8c Slaves being examined were paffed by the Council The Council abfent A meffage from the Burgeffes to his Excelloy by M' Miles Cary & others who brought the Book of publick Claimes paft with feveral Refolves relating to the Capitol, agreed on by the CouncU & Burgeffes & pray his Excelloy8 affent Whereupon his Excellcy was pleafed to fign his Affent to the fd Book of Claims & Refolves. Ordered That the Clerk of the General Affembly carry the following meffage in writing from his ExceUoy to the Houfe of Burgeffes. M' Speaker & Gentlemen of the houfe of Burgeffes I propofe to you [See J. of H. of B., p. 122.] The CouncU adjourned till to morrow morning 9 a clock Saturday May the 12th 1705 Prefent HIS ExceUency, Jn" Lightfoot, Robert Carter, John Cuftis, Philip Ludwell, Henry Duke, Jn" Smith and John Lewis Efq" A meffage to his Excelloy & the CouncU from the Houfe of Burgeffes by M' Wm Randolph and others, that they were commanded by the Houfe to wait on His Excellency 8c their Hon" with the Congratulatory Addrefs to her Maty fairly tranfcrib'd with the Additions propofed by his Excelloy & their Hon" Then the faid Addrefs was read over and Sign'd by his Excelloy & the CouncU, and is as foUows To the Queen's moft Excell' Majefty May it pleafe Yo' Maj'" We Yo' Majeftys moft Loyal [See J. of H. of B., p. 121.] Ordered That the Clerk of the Gen" Affembly carry back the faid Addrefs to the Houfe of Burgeffes for their Signing His ExceUency Signifyed to the Council that M' Benjamin Harrifon & others brought him a meffage laft night from the Houfe of Burgeffes defiring to know when the Houfe fhould attend him with an Addrefs to her Majefty woh they had prepared, And thereupon OrderedThat the Clerk of the Gen1 Affembly go to the Houfe of Burgeffes and acquaint them that his Excellcy is now ready to receive their Addrefs to her Majefty mentioned in the meffage fent yefterday by M' Benj" Harrifon 8c others M' (425) Mr John Martin having produced a draught of a Bond to be fign'd by him & his fecurity for the tranfportation of the Nanfiatico Indians according to the Act agreed on by the Council and Burgeffes this Seffion, the faid Bond was perufed & approved of. OrderedThat the Clerk of the Gen" Affembly carry to the Houfe of Burgeffes the draught of the Bond prefented to his Exoy 8c the Council by Mr Jn" Martin for tranfporting the Nanfiatico Indians, and acquaint them that his Excelloy & the Council approve thereof, and that U the Houfe of Burgeffes are Satisfyed with the draught of the faid Bond, Then his ExceUoy commands the Houfe to attend him with the Bill concerning the Nanfiatico 8c other Indians to receive his affent that fo the fd Indians may be delivered to M' Martin The Houfe of Burgeffes attending his Excelloy M' Speaker addreffed himfelf to his ExceU0" to this effect May it pleafe Yo' Excellcy Her Majeftys Loyal and dutiful Subjects the Burgeffes having prepared an humble Addrefs to her moft facred Majefty, do now attend Yo' ExceU0" and humbly pray yo' ExceU0"8 favour to get it prefented to her Matys hands Whereupon his Excell0" was pleafed to fay he would take care of it. Then the Houfe withdrew A meffage from the Burgeffes to his Excellcy and the CouncU by M' Cary 8c others, who brought a Refolve of the Houfe in anfwer to his Excelloy" & their Hon" meffage concerning the bounds of North Carolina Mr Cary alio brought the book of publick proportions and a BUl Entituled an Ad for raifing a publick Levy to w°b the Burgeffes defire the CouncU 's concurrence. The Addrefs to her Majefty juft now delivered to his Excellency by the Houfe of Burgeffes was read complaining of fome Reprefentacons made in England to their prejudice by CoU° Robert Quary Ordered That the Clerk of the General Affembly carry the following meffage in writing from his Excellency to the Houfe of Burgeffes M' Speaker & Gentlemen of the Houfe of Burgeffes I have read yo' Addrefs . . [See J. of H. of B., p. 123.] His Excellency Sign'd his affent to M' Treafurer's acco'8, and Ordered that the Clerk of the Gen" Affembly carry them to the Houfe of Burgeffes, and aUo acquaint the Houfe that his Excelloy commands their attendance with the Bill Ent an Ad con cerning fhe Nanfiatico & other Indians. A BiU Ent an Ad for raifing a public Levy read the firft tune 8c Ordered a fecond reading. The Council adjourned during pleafure AND being again mett The Refolves of the Houfe of Burgeffes concerning the bounds of North Carolina were read as follows May 2d 1705 Refolved That the beft way to prevent any further encroachm'8 being made by the Governm' of North Carolina on the Inhabitants of this Colony is to make provifion as foon as poffible for laying out & afcertaining the Boundarys between this Government and that of North Carolina, and that Comm" be appointed 8c impowered by his Excellency with the advice & confent of the Council to treat with fuch Comm" as fhal be appomted by the Government of Carolina for effecting y fame On reading the Refolve of the Houfe of Burgeffes concerning the bounds of North Carolina Refolved That it is the opinion of the Council that before any Treaty be had with the Governm' of North Carolina, M' James Minge and Mr Rob' Boiling jun' Surveyors be directed (426) directed as foon as conveniently may be privately to run y6 line between this Governm' & North Carolina, proceeding according to y6 Courfe mentioned in the patent of the Lords Proprietors. RefolvedThat the faid Surveyors be directed to take particular notice what lands or Planta cons held by patents or Entrys under this Government may happen to be cutt off by the fd Line, or how far the fame may happen to run beyond the Inhabitants of this Colony. OrderedThat the faid Surveyors make Report of their proceedings to his ExceUoy and the Council that they may be the better enabled to appoint Comm", or make Reprefentation to her Majefty as they fhal find expedient for the good of the Inhabitants of this Country. Ordered that a copy of the above Refolves, be fent to the Burgeffes for their concurrence Then his Exoy figned the fd Refolves thus I do concur with the Council in the above Refolves ffr: Nicholfon A meffage from the Burgeffes to the CouncU by M' Benj" Harrifon 8c others who brought the Bill Ent an Ad concerning y Nanfiatico cS* other Indians fairly Enrolled with the Engroffed copy and defired their Hon" to examine it A meffage from the Burgeffes to the Council by M' Miles Cary 8c others who brought an ordinance of Affembly for defence of the Country in times of danger to wch they defire their Hon" concurrence. The inrolled Bill Ent an Ad concerning the Nanfiatico & other Indians being examined by the CouncU OrderedThat the Clerk of the General Affembly return the fame to the Houfe of Burgeffes and acquaint them that yc CouncU have examined it An ordinance of Affembly for defence of the Country in times of danger was read and agreed to by the Council, & OrderedThat the Clerk of y6 Gen" Affembly carry back y6 fd Ordinance to the Houfe of Burgeffes & acquaint them that the Council have agreed to the fame A bill Ent an Ad for raifing a publick Levy was read the 2d time and Ordered a third reading. Then the Council adjourned during pleafure AND being again mett The Houfe of Burgeffes came to attend his Excell0" in the Council Chamber and M' Speaker acquainted his ExceU0" that purfuant to his ExceU0"" commands the houfe were come to attend his ExceU0" with a BUl agreed on by the honble CouncU and themfelves Entituled an Ad concerning the Nanfiatico & other Indians, to receive his ExceU0"8 affent Whereupon the faid bUl was Sign'd by his ExceU0" & afterwards by M' Speaker Then M' Speaker prefented to his ExceU0" the Congratulatory Addrefs to her Maty agreed on by his Excy, the CouncU & Burgeffes & acq'6d his ExceU0" that y fd Addrefs was figned by every member of the Houfe. And then the Burgeffes withdrew. The Book of proportion of the publick Levy was agreed to by the Council A BUl Ent an Ad for raifing a publick Levy read the third time Refolved That the Bill do pafs OrderedThat the Clk of the Gen" Affembly carry the fd BUl to y6 Houfe of Burg8 and acquaint them that the Council have paffd the fame without any amendm' A (427) A peticon of Rob' Baily Jofeph Smith 8c Hugh Arbuthnot in behalf of themfelves and other Mafters of fhips praying leave to fail for England with her Matys fhip Strom- bulo read & Referred to the Houfe of Burgeffes. Ordered That the Clerk of the General Affembly acquaint the Houfe of Burgeffes that his ExceU6" having defired their opinion what fhal be accounted a fufficient Convoy for the fhips in the Country, and fome peticons having been fince prefented to his ExceU0" and the CouncU by fome Mafters of Ships and by them recomended to y6 Confideracon of the Houfe of Burgeffes, His Excell6" & the Council do defire the Houfe to fignify their opinion therein, that they may give directions accordingly A peticon of John Redwood praying an order for his SaUary as Keeper of the publick Goal read & Refer 'd to y6 confideration of the Houfe of Burgeffes A meffage from the Houfe of Burgeffes to the CouncU by M' Benj" Harrifon & others who brought the inroUd bills paft this Seffion, and acquainted the CouncU that the Houfe had examined and compared them with the Engroffed BUls & that they agreed, and had fent the Engroffed bills to their Hon'3 that they might perufe and examine them Then the CouncU examined the Enrolled bills and compared them with the Engroffed Bills agreed on this Seffion. Ordered That the Clerk of the Gen" Affembly carry the Enrolled Bills to the houfe of Bur geffes & acquaint the houfe that the CouncU have compared & examined them with the Engroffed BUls & find them to agree. His ExceUency was pleafed to fign his affent to the Book of proportions of the publick Levy Ordered That the Clk of the Gen" Affembly carry back the fd Book to the Houfe of Bur geffes His Excellency acquainted the CouncU that he had received an Addrefs from the Houfe of Burgeffes laft night By M' Nathaniel Harrifon 8c others, wch was read, 8c is as follows To his Excellency Francis Nicholfon Efq' her Matys Liev' and Governor Gen" of Virginia May it pleafe Yo' Excellency We her Majeftys moft dutiful . . . [See J. of H. of B., p. 115.] And thereupon Ordered That the Clerk of the General Affembly carry the following meffage from his ExceU0" to the houfe of Burgeffes M ' Speaker & Gentlemen of fhe Houfe of Burgeffes I received yo' Addrefs .... [See J. of H. of B., p. 124.] Ordered That the Clerk of the Gen" Affembly acquaint the houfe of Burgeffes that a peticon of L' CoU° James Taylor for leave to go out on a dUcovery at the head of Mattapony River being referred to the houfe of Burgeffes by his ExceU0" and the Council ; they defire the houfe to figmfy their proceedings thereon A meffage to his Excell0" from the Houfe of Burgeffes by M' Thomas Barber 8c others who brought the following Refolve viz May 12th 1705 Refolved That this Houfe did not intend that their Addrefs to her Majefty againft CoU° Robert Quary fhould be made ufe of ag' his ExceU0" A (428) A meffage to his ExceU6" by M' Miles Cary & others who brought the foUowing Refolves in anfwer to his ExceUoyB meffage fent this day viz May the 3d 1705 Upon confideration of a Report of the Com'ee of propofitions & Grievances made upon a peticon of James Taylor to be admitted to go upon a dUcovery on the back parts of King 8c Queen County The Houfe agreed to the Report of the Com'66 viz That U he be wiUing to go upon his own charge his ExceUoy (ii he pleafes) wUl give him fuch permUfion. May 8th 1705 Refolved That it is the opinion of this Houfe that two or more men of war of good force may be Sufficient to Convoy thofe fhips now in the Country for England. May 12th 1705 Ordered That leave be given to Rob' Baylie 8c others & Charles Heydon & others to withdraw their petitions. A meffage from the Houfe of Burgeffes to the Council by M' Miles Cary 8c others who brought the following order to wch they defire their Hon" concurrence. Which order being read was agreed to by the Council, & is as follows Ordered That John Redwood be paid his SaUary of thirty pounds for being Goal Keeper of the publick prifon Then his Excelloy was pleafed to fign his affent to the fd order Refolved That the CouncU do concur in opinion with the Houfe of Burgeffes that two or more men of war of good force may be Sufficient to Convoy thofe fhips now in the Coun try for England. A meffage to his Excellcy and the CouncU by M' Rob' Boiling 8c others who brought the following Refolve in anfwer to their meffage concerning the Bounds of North Carolina Viz May the 12th 1705 Refolved That it is the opinion of this Houfe that the meafures propofed by the Council in their Refolves of this day for laying out the bounds between this Colony & North Carolina wUl prove very chargeable, and be of no Service to this Country, and therefore the houfe cannot agree to the fame. OrderedThat the faid Refolve ly upon the Table. Ordered That the Clerk of the Gen" Affembly go to the Houfe of Burgeffes 8c acquaint them that his Excellcy commands their immediate attendance on him in y6 Council Chamber. The Houfe attending, M' Speaker addreffed HmfeU to his ExceU0" to this effect May it pleafe yo' Excellcy In obedience to yo' Ex0"8 commands the Houfe of Burgeffes are come to attend yo' Excell0" with feveral bills agreed upon this Seffion by Her Matys honble Council and themfelves, in ord' to receive y Exoys affent The titles of them are as follows. An Ad for fettling & afcertaining fhe current rates of forreign Coines in this Dominion. Upon prefenting of which Act to his Excelloy His Excellency was pleafed to fay, that he was forry that the firft bill prefented to him he could not pafs, becaufe it was contrary to one of her Matys Royal Inftructions to him, (wch he read) whereby he is required to pafs no act or order for fettling the Rates of Coines without her Majeftys direction, But that he had advUed with her Majeftys honble Council, & intended to fend the copy of the Act for England for her Majeftys directions therein Then (429) Then the Speaker proceeded to read the Titles of the other BUls as foUows An Ad permitting the exporting and difpofing of Tobacco packd in old Cask An Ad for Naturalization of Claude PhUyppe de Richbourg Francis Ribot Peter ffaure John Joanny James Champagne & others An ad impowering the Court of King & Queen County to purchafe land to build a Town An Ad for raifing a publick Levy and An ordinance of Affembly for defence of the Country in time of danger AU which Acts & ordinance were Sign'd by his ExceU0" & the Speaker of the Houfe of Burgeffes After w°h his Excell6" fpoke to this effect That he thankd the Houfe in her Ma'"' name for theu Congratulatory Addrefs to her Majefty. that he hop'd there would be no occafion for their meeting before next Auguft, nor did he intend to caU them then, unlefs neceffity required: but being in expectation of Receiving orders from England by the London Fleet he thought fitt to prorogue them only to the 2d day of Auguft 8c accordingly they were prorogued. Examined with the Original. $ WU Robertfon CI Gen1 Affembly AT A GENERAL ASSEMBLY begun and held at her Majeftys Queen Anne her Royal Capitol the 23d day of October 1705 in the 4th year of the Reign of our Soveraign Lady Anne by the grace of God oi England, Scotland, France & Ireland Queen Defender of the faith &c. [From the Public Record Office, London, Colonial Office, Clafs 5, Vol. 1412, pp. 609-640.] At a General Affembly begun and held at her Majeftys Queen Anne her Royal Capitol the 23d day of October 1705 in the 4th year of the Reign of our Soveraign Lady Anne by the grace of God of England, Scotland, France & Ireland Queen Defender of the faith &c. [October 23rd, 1705.] Prefent HIS ExceUency Edward Nott Efq' her Majeftys Lievtenant and Governor General of Virginia, Edmund Jenings, John Lightfoot, Dudley Digges, Benj" Harrifon, Robert Carter, John Cuftis Efq", James Blair Com17, Philip Ludwell, Wx Baffett, Henry Duke and Wm Churchill Efq" William Robertfon being CommUfionated by his ExceU0" to be Clerk of the General Affembly of this Dominion took the Oaths appointed by Adt of parliament to be taken inftead of the AUegiance & Supremacy, the abjuration Oath, fubfcribed the Teft and took the Oath of Clerk of the General Affembly. OrderedThat the Clerk of the Gen" Affembly go to the Houfe of Burgeffes & acquaint them that his ExceUoy commands their immediate attendance on him in y Council Chamber. The Houfe being come His Excellency was pleafed to fay as foUoweth, Gentlemen I am extremely pleafed to fee fo great an appearance; I defire you to repair to yor Houfe and make choice of a Speaker at yo' conveniency Then the CouncU adjourned till to morrow morning at 1 1 aclock Wednefday October the 2 4th 1705 Prefent HIS ExceUencie, Edmund Jenings, Jn" Lightfoot, Dudley Diggs, Benj" Harrifon, Robert Carter, Jn" Cuftis Efq", James Blair Com'y, PhUip Ludwell, Wm Baffet, Henry Duke and Wm Churchill Efq" A meffage from the Houfe of Burgeffes to his Excellency by M' Robert Beverley and others, who acquainted his Excellency that the Houfe had made choice of a Speaker and defired to know when they fhould attend his Excelloy To which his Excelloy made anfwer that he was glad they had made fo fpeedy a choice and would give them notice by a meffage when they fhould attend him. OrderedThat the Clerk of the General Affembly go to the Houfe of Burgeffes and acquaint them that his Excellency commands their immediate attendance on him in the Council Chamber The Houfe of Burgeffes being come to attend his Excellency prefented Benjamin Harrifon of the County of Charles City Gent as their Speaker, who addreffed himfeU to his ExceUency to this effect, ' 'That the Houfe of Burgeffes according to his ExceU0"* commands and their ancient priveledges had proceeded to the choice of a Speaker, and paffing (434) paffing by many other worthy members of their Houfe who were more capable of that Truft they had been pleafed to caft their Eyes on him to be their Speaker, and that he Submitted to his ExceU0"8 confideracon his unfittnefs for fo weighty a Station. Whereupon his ExceU0" was pleafed to fay that he was glad the Houfe had made Choice of fo able a perfon for their Speaker and that he approved of their choice. Then M' Speaker in name of the Houfe of Burgeffes, and of all the Commons of this Colony, prayed that the antient priviledges may be continued to the Burgeffes of this Affembly, that in order to their better attending thofe weighty affairs that are to come before them they may be free in their perfons, Eftates & Servants from arrefts That in all their confultacons they may enjoy freedom of Debate and as oft as the neceffity of affairs requires, free accefs to his ExceU0"8 perfon, And then in behalf of himfelf prayed that none of his miftakes may tend to the prejudice of the Houfe of Burgeffes or any member thereof. Unto which his ExceU0" was pleafed to anfwer That all the ufual privUedges of the Houfe of Burgeffes Were granted and fhould be continued to them. And then his ExceU0" made the following Speech Gentlemen Her Majefty having been . . [See J. of H. of B., 1702/3-1712, pp. 130- 131-] M' Speaker applying himfelf to his ExceU0" for a copy of his Speech, his Ex°" was pleafed to give him a copy thereof. And then the Houfe of Burgeffes withdrew & The Council adjourned tUl to morrow morning 10 aclock. E Thurfday October 25th 1705 Prefent DMUND JENINGS, Jn" Lightfoot, Dudley Diggs, Benj" Harrifon, Robert Carter, Jn" Cuftis Efq", Mr Com'" Blair, Wm Baffett, Henry Duke and W" Churchill Efq" The Grievances of Prince Georges County read, and Referred to y6 confideracon of the houfe of Burgeffes The CouncU adjourned till to morrow morning 10 aclock Friday October 26th 1705 prefent ~M yDMD JENINGS, Dudley Diggs, Benj" Harrifon, Robert Carter, John Cuftis g~J Efq", James Blair Comry, Philip Ludwell, Wm Baffet, Henry Duke 8c Wm Churchill <*—J Efq" The Grievance of King 8c Queen County Read & Referred to ye confideracon of the Houfe of Burgeffes A Grievance from Nanfemond County, Read & Referred to ye confideracon of the Houfe of Burgeffes And then y6 Council adjourned tUl tomorrow morning 10 aclock. E Saturday October 2 7th 1705 prefent DMUND JENINGS, Jn" Lightfoot, Dudley Digges, B. Harrifon, Robert Carter, Jn° Cuftis Efq", James Blair Com'y, Philip Ludwell, Wm Baffet, Henry Duke 8c Wm Churchill Efq" The Council mett and adjourned till Munday morning 10 aclock Munday (435 ) Munday October 29th 1705 prefent HIS Excellencie, Jn" Lightfoot, Robert Carter, Jn" Cuftis Efq", James Blair Com'y, Philip Ludwell 8c Wm Churchill Efq" A meffage to his Excelloy from the houfe of Burgeffes by M' Robert Beverley 8c others, That the Houfe pray his Excellency to iffue out a new Writt for the eledtion of Burgeffes to ferve in this Affembly for King William County in y6 room of M' John Weft and M' Thomas Weft who are unduly elected Burgeffes for the fd County. Edmund Jenings Efq' prefent The Grievances of Princefs Anne County read and Referred to y6 confideration of the Houfe of Burgeffes The peticon of John Adams Interpreter to the Pamunky 8c Chicahominy Indians praying his ufual Sallary may be allowed him, Read & Referred to y6 confideracon of the Houfe of Burgeffes. A Grievance from King William County read, & Referred for further confideracon till to morrow morning And then the Council adjourned till to morrow morning io aclock. Tuefday October 30th 1705 prefent HIS Excellency, Edmd Jenings, Dudley Digges, Benj" Harrifon, Robert Carter, Jn" Cuftis Efq", James Blair Com17, Philip Ludwell, Henry Duke & W'" Churchill Efq" His Excellency having with great concern reprefented to the Council how neceffary it is that an examinacon be made into the occafion of that fad & deplorable accident woh happened laft night of the burning of William 8c Mary College ; The Council think fitt to appoint fix members of the Council to take Examinations concerning that unhappy dUafter. and Ordered that a meffage be fent to the houfe of Burgeffes to defire that fuch a number of Burgeffes as the houfe fhal think fitt may affift in examining into that matter to meet to morrow at 1 1 aclock in the Conference. OrderedThat Edmund Jenings, Dudley Digges, Benjamin Harrifon, Robert Carter & Jn" Cuftis Efq" & M' Com'y Blair be appointed to take y6 fd Examinations The Grievance of King William County referred yefterday for further confideration is further Referred tUl tomorrow morning. And then y CouncU adjourned tUl to morrow morning io aclock. Wednefday October 31^ 1705 Prefent ~M * DMUND JENINGS, Dudley Diggs, Benj" Harrifon, Robert Carter, Jn° Cuftis A"y Efq", James Blair Comry, Philip Ludwell, Henry Duke 8c Wm Churchill Efq" ¦M. — d A meffage from the Burgeffes to y6 CouncU by M' Peter Beverley 8c others who acquainted the CouncU that the Houfe agreed to the propofal made for taking examinations concerning the burning of William 8c Mary College & had appointed twelve of their Members to meet the Council at ye time & place mentioned in their meffage. Philip Ludwell Efq' abfent The Grievance of King William County referred yefterday for further confideracon, was this day read, and after debate Refolved (436) Refolved That the paper prefented as a Grievance from King William County be fent to y* Houfe of Burgeffes with a Remark thereon. Ordered That the Clerk of the General Affembly carry the following meffage to the houfe of Burgeffes, with the paper prefented as a Grievance from King William County viz The Council having read and perufed a paper prefented to them as a Grievance from King William County, find it to contain matter of very dangerous confequence but as it has a particular relation to the Houfe of Burgeffes they have thought fitt to fend it to the Houfe as more proper for their cenfure. And then the CouncU adjourned till tomorrow morning io aclock. E Thurfday November ye ift 1705 Prefent DMUND JENINGS, Dudley Diggs, Benj" Harrifon, Robert Carter, Jn" Cuftis Efq", James Blair Com17, Philip Ludwell, Henry Duke 8c Wm Churchill Efq" The Council mett and adjourned till tomorrow morning 10 aclock Friday November 2 d 1705 Prefent M ^DMD JENINGS, Dudley Digges, Benj" Harrifon, Rob' Carter, Jno Cuftis A~f Efq", James Blair Com"7, Philip Ludwell, Henry Duke 8c Wm Churchill Efq" -* — ' The feveral petitions of Andrew Young, Wm Brown, Wm Seyers, and Jofeph Dunbar, praying to be admitted to keep ferry over York River at Tindals point Read & Referred to y confideration of the Houfe of Burgeffes The Peticon of Miles Cary, William Buckner 8c Wm Robertfon Attorneys of CoU" Francis Nicholfon praying allowance for his charges in procuring the Queens picture &c for this Country Read & referred to the confideration of the Houfe of Burgeffes And then the Council adjourned till tomorrow morning io aclock Saturday November 3d 1705 prefent T~~y DMUND ) EN INGS, Dudley Digges, Benj' Harrifon, Robert Carter, Jn' Cuftis f~1 Efq", James Blair Com'y, Philip Ludwell, Henry Duke 8c Wm Churchill Efq" -** — ' The petition of M' Secretary Jenings praying allowance for copying the Rules of the General Court for the ufe of the County Courts, Read & referred to y confideracon of the houfe of Burgeffes The petition of Mr Secretary Jenings praying aUowance for Ufuing tuenty Eight Writts for Election of Burgeffes, Read and Referred to the confideracon of the houfe of Burgeffes. The peticon of Major Arthur Allen praying allowance for Surveying the Nattoway Indians Land purfuant to the Act of Affembly Read & Referred to y confideracon of the Houfe of Burgeffes. And then the Council adjourned tUl Munday morning 10 aclock. D Munday November ye 5th 1705 prefent UDLEY DIGGS, Benj' Harrifon, John Cuftis Efq", James Blair Com17, Philip Ludwell 8c Wm Churchill Efq" The CouncU adjourned till to morrow morning 10 aclock Tuefday E E (437) Tuefday November 6th 1705 prefent DMD JENINGS, Dudley Diggs, Benj" Harrifon, John Cuftis, Wm Baffet, Henry Duke & [W» Churchill] Efq" The Council mett and adjourned tiU to morrow morning 10 aclock Wednefday November ye 7th 1705 Prefent DMUND JENINGS, Dudley Diggs, Benj" Harrifon, John Cuftis Efq", James Blair Com17, Philip Ludwell, Wm Baffett, Henry Duke & Wm Churchill Efq" The CouncU mett and adjourned till to morrow morning 10 aclock Thurfday November ye 8th 1705 prefent J~P DMUND JENINGS, Dudley Digges, Benj" Harrifon, John Cuftis Efq", James M~i Blair Com17, Philip Ludwell, Wm Baffett, Henry Duke 8c Wm Churchill Efq" -* — ' A meffage from the Houfe of Burgeffes to y CouncU by M' Miles Cary & others who brought a bill Ent an Ad prefcribing the method of appointing fherifs, and limiting the time of their continuance in office, and direding their duty therein, and a Bill Ent an Ad concerning Jurys, paft by the houfe to w°h they defire the concurrence of the CouncU. A biU Entituled an A d concerning Jurys, read the firft tune, & Ordered a fecond reading. A bUl Ent an A d prefcribing the method of appointing fherifs & limiting the time of their continuance in office & direding their duty therein. Read y firft time, and Ordered a fecond reading. And then the Council adjourned till to morrow morning 10 aclock Friday November ye 9th 1705 prefent Y^XUDLEY DIGGES, Benj" Harrifon, Rob' Carter, Jn' Cuftis Efq", J a: Blair Com17, / m Philip Ludwell, Wm Baffet, Henry Duke 8c Wm Churchill Efq'" -*— ^ A bUl Entituled an Ad prefcribing the method of appointing Sherifs, and limiting the time of their Continuance in Office and direding their duty therein, read the fecond time, and amended, Ordered That the bUl with the amendments be read a 3d time. Edmund Jenings Efq' prefent A biU Entituled an Ad concerning Jurys read the 2d time and amended, and Ordered that the bUl with the amendments be read a third time. And then y CouncU adjourned tUl to morrow morning 10 aclock E Saturday November ye 10th 1705 prefent DMUND JENINGS, Dudley Diggs, Benj" Harrifon, Jn" Cuftis Efq", James Blair Com17, Philip Ludwell, William Baffett, Henry Duke & Wm Churchill Efq'* A motion being made that the two Bills fent up from the Burgeffes be now read a third tune. Refolved That the fd two BiUs have a third reading on Munday next And then the Council adjourned till Munday morning 10 aclock. Munday E ( 438 ) Munday November ye 12th 1705 prefent DMUND JENINGS, Robert Carter, John Cuftis Efq", James Blair Com'", Philip Ludwell, Wm Churchill Efq" Ordered that the third reading of the two Bills fent up from the Burgeffes be referred till to morrow morning in expectacon of a fuUer Council. And then the Council adjourned till to morrow morning 9 aclock Tuefday November ye 13th 1705 prefent W^ DMUND JENINGS, Dudley Diggs, Rob' Carter, Jn" Cuftis Efq", J a: Blair A"f Com"7, PhUip Ludwell, Wm Baffet, Henry Duke 8c Wm Churchill Efq" ** — ' A peticon of the Inhabitants of the Lower part of Wilmington parifh praying to be incorporated into James City parifh Read and Referred to the confideration of the Houfe of Burgeffes. Ordered That the two BUls fent up from the Burgeffes be read a 3d time to morrow morning. And then the Council adjourned till to morrow morning 9 aclock. Wednefday November 14th 1705 prefent T^DMUND JENINGS, Dudley Diggs, Benj" Harrifon, Robert Carter, Jn' Cuftis ry Efq", Mr Com'" Blair, Philip Ludwell, Wm Baffet, Henry Duke 8c Wm Churchill I— J Efq" A bUl Entituled an Ad prefcribing the method of appointing Sherifs, and for limiting the time of their continuance in office, & direding their duty therein, was read a third time, and an Amendment being propofed thereto, and thrice read, was agreed to Refolved That the BiU with the amendm'" do pafs A biU Ent an Ad concerning Jurys Read the third time & a further amendm' being propofed thereto & thrice read, was agreed to Refolved That the BUl with the amendm'8 do pafs OrderedThat the Clk of the General Affembly carry the aforefd two BUls to the Houfe of Burgeffes, and acquaint them that the Council have agreed thereto with feveral amend ments to w°h they defire the concurrence of the Houfe. And then y CouncU adjourned tUl to morrow morning 9 aclock. Thurfday November ye 15th 1705 prefent Y~* DMUND JENINGS, Dudley Digges, Benj" Harrifon, Robert Carter, Jn' Cuftis Af Efq", James Blair Com'", Philip Ludwell, Wm Baffett, Henry Duke 8c Wm J—J Churchill Efq" A meffage from the Houfe of Burgeffes to the Council by Mr WiUiam Randolph and others, who brought two bills viz a bUl Ent an Ad for the effedual Suppres- fion of vice, and reftraint and punifhment of blafphemous, wicked and diffolute perfons. and a Bill Entituled an Ad for Limitacon of adions and avoiding of Suits paft by fhe Houfe, to wob they defire the Councils concurrence. A (439) A Bill Entituled an Ad for the effedual Suppreffion of vice, and reftraint and punifh ment of blafphemous wicked & diffolute perfons, Read y firft time & ordered a Second reading. A bUl Entituled an Ad for Limitacon of adions and avoiding of Suites Read y6 firft time, and Ordered a 2d reading And then y6 Council adjourned, till to morrow morning 9 aclock E Friday November 1 6th 1705 prefent D: JENINGS, Dudley Diggs, Benj" Harrifon, Rob' Carter, Jn" Cuftis Efq", M' Com'" Blair, Philip Ludwell, Wm Baffet, Henry Duke 8c Wm Churchill Efq" A bill Entituled an Ad for limitacon of adions & avoiding of Suits, Read y6 2d time & Committed for amendments. And then the CouncU adjourned till to morrow morning 9 aclock. Saturday November 17th 1705 Prefent T~p DMD JENINGS, Dudley Diggs, Benj" Harrifon, Rob' Carter, Jn' Cuftis Efq", W~i M' Com'" Blair, Philip Ludwell, Wm Baffet 8c Henry Duke Efq" -** — ' A meffage to the Council from the Houfe of Burgeffes by Mr Peter Beverley & others who brought the following BUls paft by the Houfe viz a Bill Ent an Ad concerning the Church, Clergy and other parochial affairs. A biU Ent an Ad direding the building and maintaining of prifons, pillorys, whipping pofts Stocks & Ducking Stools in every County, and for Settling the Rules of prifons, A bUl Ent an Ad againft importing Tobacco from Carolina & other parts without the Capes of Virginia. A bUl Entituled An Ad for improving the Staple of tobacco, and for regulating the Size of tobacco hogfheads. A bUl Entituled an Ad declaring who fhal not bear office in this Country and a bill Entituled an ad declaring how long Judgments Bonds, obligations & acco'3 fhal be in force, for y affignment of Bonds and obligations, direding what proof fhal be fufficient in fuch Cafes, and afcertaining fhe dammages upon protefted bills of Exchange, To which they defire the Councils concurrence. A bill Entituled an Ad for Limitation of adions & avoiding of Suits was amended and the amendments twice read, and Ordered that the Bill with the amendments be read a 3d time on Munday next. A bUl Entituled an Ad concerning the Church Clergy & other parochial affairs Read the firft time, and Ordered a 2d reading. A bill Entituled an ad direding the building & maintaining of prifons pillorys, whipping pofts Stocks & Ducking f tools in every County, & for Settling fhe Rules of prifons read ye firft tune, and Ordered a 2d reading. A bUl Entituled an Ad againft importing Tobacco from Carolina & other parts without fhe Capes of Virginia, Read y6 firft time & ordered a fecond reading. A bill Entituled an Ad for improving the Staple of Tobacco & for regulating the Size of Tobacco hogfheads, Read y6 firft time & ordered a Second reading A bill Entituled an Ad declaring who fhal not bear office in this Country Read y firft time 8c ordered a fecond reading. A bUl Entituled an Ad declaring how long Judgements Bonds, obligations and accompts fhal be in force, for the affignment of Bonds & obligations, direding what proof fhal be Sufficient in fuch Cafes & afcertaining the dammages upon protefted bills of Exch" Read the firft time & Ordered a Second reading. And then the Council adjourned till Munday morning 9 aclock. Munday (440) Munday November the 19th 1705 Prefent Mf DMUND JENINGS, Dudley Diggs, Benj" Harrifon Efq", Robert Carter, Jn' hi Cuftis Efq'9, M' Com'" Blair & Philip Ludwell Efq' -*¦ — ' A bUl Entituled an ad for Limitacon of adion and avoiding of Suits read the third time with the amendments Refolved That the Bill with the amendments do pafs. A bUl Entituled an Ad againft importing Tobacco from Carolina & other parts without the Capes of Virginia Read the fecond time and Ordered a 3d reading A bUl Entituled an Ad declaring who fhal not bear office in this Country, read the fecond tune, and Ordered a third reading A biU Ent an Ad direding the building and maintaining of prifons, pillorys whipping pofts, Stocks and Ducking Stools in every County and for Settling the Rules of prifons Read a fecond tune and Ordered a 3d reading. And then the Council adjourned till to morrow morning 9 aclock. Tuefday November 20th 1705 prefent JTp DMD JENINGS, Dudley Digges, Benj" Harrifon, Rob' Carter Efq", James Blair A"*f Com'", Philip Ludwell, Wm Baffet 8c Henry Duke Efq" •* * A bUl Entituled an Ad declaring how long Judgements Bonds obligadons and acco'3 fhal be in force for the affignment of bonds & obligations, direding what proof fhal be Sufficient in Such Cafes & afcertaining the dammage upon protefted bills of Exchange. Read y 2d tune & Committed for amendments. A bUl Entituled an Ad for improving the Staple of Tobacco, & for regulating the Size of Tobacco hogfheads, Read y 2d tune & Committed for amendm'8 A bUl Entituled an Ad direding the building and maintaining of prifons pillorys, whipping pofts, Stocks & Ducking f tools in every County, & for Settling y Rules of prifons. Read the 3d time and paft without amendment A bUl Entituled an Ad declaring who fhal not bear office in this Country being amended & the amendments twice read, was read ye 3d tune with the Amendm'8 RefolvedThat the bUl with the Amendments do pafs A biU Entituled an Ad againft importing Tobacco from Carolina & other parts without the Capes of Virginia Read the 3d time and paft without amendm'" Ordered That the Clerk of the Gen" Affembly carry the three laft mentioned bills to y Houfe of Burgeffes. A bill Ent an Ad concerning fhe Church Clergy and other Parochial affairs, Read the fecond time and Committed for amendments to Edmd Jenings Dudley Diggs & Robert Carter Efq" and Mr CommUfary Blair. And then the CouncU adjourned till to morrow morning 9 aclock. Wednefday November ye 2 i£t 1705 Prefent t f* DMUND JENINGS, Dudley Digges, Benj" Harrifon, Robert Carter Efq", f~1 lames Blair Com17, Philip Ludwell, Wm Baffet 8c Henry Duke Efq'3 *¦* — ' A bUl Ent an A d declaring how long Judgements Bonds Obligations & Accounts that [fhall] be in force, for the affignment of Bonds & obligacons, direding what proof fhal be Sufficient in fuch Cafes & afcertaining the dammages upon protefted BiUs of Exch", being amended was read y 3 d time with ye Amendments Refolved (44i ) Refolved that the BUl with the amendments do pafs. Ordered that the Clk of the General Affembly carry the fd biU to the houfe of Bur geffes and defire their concurrence to the Councils amendments made thereto. The Amendments made to the BUl Entituled an Ad for fhe better improving of the Staple of tobacco and regulating fhe Size of Tobacco hogfheads being Reported and fome alterations made therein, Ordered That the bill with the amendments be read a third time to morrow morning. A meffage from the Houfe of Burgeffes to the Council by M' Robert Beverley and others who brought the following bills viz A biU Entituled an A d for afcertaining fhe Gage of barreUs for pork, beef, tarr & pitch. A biU Entituled an Ad for attorneys profecuting Suits on behalf of perfons out of fhe Country to give Security for the payment of fuch cofts & dammages as fhal be awarded againft them. A bill Entituled an Ad for the encouragement of the Land Frontiers. A bUl Entituled an Ad for regulating the Eledions of Burgeffes, for Settling their priviledges and for afcertaining their allowances, and a BUl Ent an Ad to prevent the Clandeftine tranfportation or carrying of perfons in debt, Servants & Slaves out of this Colony — To w°h they defire the CouncUs concurrence. And then the Council adjourned till to morrow morning 9 aclock. Thurfday November 2 2d 1705 prefent ~M~?DMD JENINGS, Dudley Diggs, Robert Carter Efq", James Blair Com'y, Philip M~J Ludwell, Wm Baffet & Henry Duke Efq" -* — ' A bUl Entituled an Ad for regulating the Eledions of Burgeffes, for Setling their priviledges and afcertaining their allowances Read the firft time & ordered a Second reading. A bUl Entituled an Ad to prevent the clandeftine tranf portacon of perfons in debt, Servants and Slaves out of this Colony, read y firft time and Ordered a 2d reading. A bUl Entituled an Ad for afcertaining fhe Gage of barreUs for pork, beef, tarr elf pitch, Read y firft time, and Ordered a 2d reading. A bill Entituled an Ad for attorneys profecuting Suits on behalf of perfons out of the Country to give fecurity for fhe payment of fuch Cofts & dammages as fhal be awarded ag* them. A biU Entituled an Ad for fhe encouragement of the land Frontiers Read the firft tune & ordered a Second reading. A biU Entituled an Ad for improving the Staple of Tobacco and for regulating fhe Size and Tare of Tobacco hogfheads read the 3d time with the amendments Refolved That the bUl with the amendments do pafs. Ordered That the Clerk of the General Affembly carry the faid BUl to the Houfe of Burgeffes and defire their Concurrence to y Councils amendments made thereto. And then the Council adjourned till to morrow morning 9 aclock. Friday November the 23d 1705. prefent HIS Excellency, Dudley Diggs, Robert Carter Efq", M' Com17 Blair, WiUiam Baffett, and Henry Duke Efq" A meffage to the Council from the Houfe of Burgeffes by M' William Randolph and others who brought a Refolve of the Houfe upon the peticon of Claude Philippe de Richebourgh in behalf of himfelf & the reft of the French Refugees fettled at Manicantown 8c parts adjacent, praying that y6 fame quantity of land as is aUowed (442 ) allowed to every perfon imported into this Colony may be granted unto Every one of the fd Refugees to w°h Refolve they defire the CouncUs concurrence. And the faid Refolve was read and agreed to & is as foUoweth Refolved That it is fitt the petition be granted. Philip Ludwell Efq' prefent A Meffage to his Excelloy by M' Miles Cary 8c others who acquainted his Excellcy that the Houfe of Burgeffes had commanded them to wait on him, and to pray that his ExceUoy wiU pleafe to give directions that the Acco'8 of the Revenue for the Support of the Government may be laid before the Houfe. OrderedThat the Clerk of the Gen" Affembly carry the foUowing meffage from his ExceU0" to the Houfe of Burgeffes in anfwer to their meffage about y acco'8 Gentlemen In anfwer to yo' meffage concerning the accompts of her Majeftys Revenue upon enquiry I find the acco'8 are in M' Auditor Byrds hands who is now at his houfe in the Country, but I fhal as foon as poffible fend for the fd Acco'8 and lay them before you Edw: Nott A meffage from the Houfe of Burgeffes to the Council by M' Miles Cary 8c others acquainting their Hon" that the Houfe defire they wiU be pleafed to appoint fuch of their members as they fhal think fitt to joine with a Committee of the Houfe of Burgeffes to confider what further directions are neceffary to be given concerning the finifhing of the Capitol or the other publick buildings. A meffage from the Houfe of Burgeffes to his Excellcy by M' peter Beverley and others, that purfuant to an order of the Houfe of Burgeffes they were come to wait on his ExceU0" to acquaint him that the Houfe had prepared an Addrefs to his Excellency and defire to know when & where his ExceU0" will be attended by the whole Houfe to prefent y fame. To which his Excellency was pleafed to fay he would be in the CouncU Chamber to morrow at n aclock. His ExceU0" abfent RefolvedThat Philip Ludwell and Henry Duke Efq" be appointed to joine with the Com'6* of the Houfe of Burgeffes to Confider what further directions are neceffary to be given concerning the finUhing of the Capitol, or the other publick buildings OrderedThat a meffage be fent to the Houfe of Burgeffes, that the CouncU have appointed two of their members to joine with the Com'ee of the Burg8 to confider what further directions are neceffary to be given concerning the finUhing of the Capitol who wUl be ready to meet to morrow at 1 2 a clock in the Conference Room. A Bill Entituled an Ad for Attorneys profecuting Suits on behalf of perfons out of the County to give Security for the payment of fuch cofts & dammages as fhal be awarded againft them read ye 2d time, and Ordered a third reading A Bill Entituled an Ad for encouragement of the Land Frontiers, Read y6 Second time & Committed for amendments. A biU Entituled an Ad for regulating the Eledions of Burgeffes, for fettling their priviledges & for afcertaining their allowances, read the 2d time 8c Committed for Amend ments And then the Council adjourned till to morrow morning 9 aclock. Saturday (443) Saturday November the 24th 1705 prefent HIS ExceUency, Edm" Jenings, Robert Carter Efq", James Blair Com'", Philip Ludwell, Wm Baffett 8c Henry Duke Efq" The Houfe of Burgeffes according to his ExceU0"8 appointment this day attended his Excellency in the CouncU Chamber where M' Speaker read & prefented to his Excellency the foUowing Addrefs To His ExceUency Edward Nott Efq' her Majeftys Lievtenant and Governor Gen" of Virginia The humble Addrefs of the Houfe of Burgeffes May it pleafe Yo' Excellcy We her Majeftys [See J. of H. of B., p. 168.] To w°h his ExceUency was pleafed to anfwer to this effect Gentlemen You fhal always find me ready to oblige the Houfe of Burgeffes in any thing that lyes in my power, but this being a matter of great moment, I muft take [fome] little time to confider of it with the Council. Ordered That the Clerk of the General Affembly carry the following meffage in writing from his ExceUency to the Houfe of Burgeffes in anfwer to their Addrefs Gentlemen Being a little Surprized . . [See J. of H. of B., pp. 170-1.] Then the Council adjourned tUl Munday morning 10 aclock Munday November the 26th 1705 prefent ~T~^DMD JENINGS, Dudley Digges, Robert Carter Efq", James Blair Com'", A"f Philip Ludwell, Henry Duke Efq" -** — ' A meffage to the Council from the Houfe of Burgeffes by M' Wm Randolph Sc others who brought the following Bills paft by the Houfe viz A bill Ent an Ad for eftablifhing the General Court, and for regulating & fettling the proceedings therein A biU Entituled an Ad concerning publick Claims. A bUl Ent an Ad concerning the Colledion of the publick & County Levys & for fhe better payment of y fame to fhe refpedive Creditors therein concerned. A biU Entituled an Ad againft Stealing Hoggs. A bUl Entituled an Ad for prevention of tref paffes by unruly horfes Cattle, hoggs, Sheep and Goats [and] by taking away Boats & Canoes A bUl Ent an Ad giving a Reward for killing of wolves. 8c a BUl Entituled an Ad to prevent killing Deer at unfeafonable times. To which they defire the concurrence of the Council. And then the CouncU adjourned tUl to morrow morning 9 aclock. Tuefday November 27th 1705 prefent J~^DMD JENINGS, Dudley Diggs, Rob' Carter Efq", J a: Blair Com'", Philip A/ Ludwell, Wm Baffet 8c Henry Duke Efq" -* — ' A bUl Ent an Ad for Attorneys profecuting Suits on behalf of perfons out of the Country to give fecurity for the payment of all fuch Cofts and dammages as fhal be awarded againft them, Read the thud time and paffed without amendment And then the Council adjourned tUl to morrow morning 9 aclock. Wednefday (444) Wednefday November ye 28th 1705 Prefent Mf DMUND JENINGS, Dudley Digges, Robert Carter Efq", M' Com17 Blair, §~i Philip Ludwell, W'n Baffet & Henry Duke Efq" -*¦ — * A meffage from the Houfe of Burgeffes to the Council by M' Robert Beverley and others who brought M' Treafurers acco'8 of the Impofitions on Liquors Serv'8 & Slaves paft by the Houfe, together with feveral Refolves for certain aUowances to the officers attending this General Affembly & others to woh they defire the Councils concurrence. Refolved That M' Treafurers Acco'8 be paffed by the CouncU. Then the Refolves of the Houfe of Burgeffes for payment of the Officers attending this Gen" Affembly were read & agreed to and are as foUowes Refolved That there be paid . . . [See J. of H. of B., p. 173, lines 1-36.] And then ye CouncU adjourned tUl to morrow morning 9 aclock. Thurfday November the 29th 1705 prefent T~fDMD JENINGS, Dudley Diggs, Robert Carter Efq", James Blair Com17, Philip hi Ludwell, Wm Baffett 8c Henry Duke Efq" -* — ' A Meffage from the Houfe of Burgeffes to the CouncU by M' Robert Beverley and others who brought two Refolves of the Houfe for the defence of the Country together with an order for payment of Wm Byrd Efq' his Expences as Agent for this Country in the affair of New York to w°h they defire the CouncUs concurrence. The Refolve of the Houfe of Burgeffes for the defence of the Country was Read & Agreed to as follows RefolvedThat his Excellency the Governor or the Governor or Commander in chetf of this Dominion for the time being fhal have fuU power 8c authority tUl the next Seffion of Affembly by and with the advice & confent of her Majeftys honble Council of State, on any Infurredtion, Incurfion, or Invafion to levy fuitable & Competent fforces for the defence of this Dominion, and to dUband y fame again, as the occafion (for which they fhal be raUed) ceafes. RefolvedThat whatever Forces fhal be Levyed by vertue of and purfuant to the foregoing Refolve fhal be paid by the publick at the next Seffion of the Gen" Affembly. Then the Order for paying Wm Byrd Efq' his Expences as Agent for this Country was read 8c agreed to as foUowes OrderedThat there be paid unto William Byrd Efq' out of the publick moneys in M' Treafurers hands the Sum of Six pounds feventeen fhUlings & Six pence, for fo much by him expended as Agent for this Country in the affair of New York. Philip Ludwell Efq' from the Com166 appointed to Confider what further directions are neceffary to be given concerning the finUhing the Capitol & other pubUck BuUdings Reported their proceedings in the matter to them referred wch he read in his place and then delivered in at the Table. A (445) A meffage from the Houfe of Burgeffes to the CouncU by Mr Miles Cary 8c others who brought fev" Refolves concerning the Capitol to w°h they defire the CouncUs con currence, w<-h refolves are as foUoweth viz. Refolved That M' Henry Cary the Overfeer of the buUding. of the Capitol & y feveral work men employed about y fame be on Wednefday next dUcharged Refolved That the two Houfes and aU goods & Materials now in the poffeffion of M' Henry Cary belongmg to the Country remain as they now are undUpofed of, except the three Negro Slaves, w°h the faid Cary is to be poffeffed of according to a Refolve of the Affembly at the laft Seffion Refolved That the four Mafter Keys to y Locks of the Capitol in y hands of M' Henry Cary, Mr Wm Robinfon 8c Mr Charles Chifwell be called in 8c deftroyed And the faid Refolves were read and agreed to with this amendment, viz That at y end of the 2d line of the firft Refolve after the word [dUcharged] be added [untUl the next Meeting of the Affembly]* Ordered That the Clerk of the Gen" Affembly Carry to the Houfe of Burgeffes the Refolves concerning the Capitol, and acquaint them that the Council have agreed thereto with an amendment, and that they think it further neceffary that fome perfon be appointed to take care of the Countrys houfes and materials left therein untUl further duedtions be given at the next meeting of the Affembly. And then the CouncU adjourned tUl to morrow morning g aclock E Friday November the 30th 1705 prefent DMD JENINGS, Dudley Diggs Efq", M' Com'y Blair, PhUip Ludwell, William Baffet 8c Henry Duke Efq" The CouncU mett and according to Leave from his ExceU0" adjourned tUl the 24th of April 1706. Examined •$ WU Robertfon CI Con * The brackets ufed in this paragraph are in the original. [From the Public Record Office, London, Colonial Office, Clafs 5, Vol. 1412, pp. 645-727.] At a General Affembly begun and held at her Majefty's Royal Capitol the 23d day of October 1705 and continued by adjournment to the 24th day of April 1706 in the 5th year of the Reign of our Soveraign Lady Anne by the Grace of God oi England, Scotland France and Ireland Queen Defender of the faith &c E [April the 24th, 1706.] Prefent DMUND JENINGS, John Lightfoot, Dudley Digges, Benj" Harrifon, Robert Carter, John Cuftis Efq", M' Com17 Blair, Philip Ludwell, Wm Baffett, Henry Duke 8c William Churchill Efq" The CouncU mett and adjourned tUl to morrow morning io aclock Thurfday April the 25th 1706 Prefent f ¦ "\HE fame as yefterday 1 The bufinefs of the day. The CouncU adjourned till to morrow morning io aclock | The bufinefs of the General Court having taken up the greateft part of Friday April the 26th 1 706 Prefent HIS Excellency Edward Nott Efq' &c and The fame CouncU as yefterday OrderedThat the Clerk of the General Affembly go to the Houfe of Burgeffes and acquaint them that his Excellency commands their immediate attendance on him in the Council chamber. The Houfe of Burgeffes being come to attend his ExceUency, His Excellency was pleafed to make the following Speech, Gentlemen The caufes which obftructed . [See J. of H. of B., 1702/3-1712, p. 177.] And then M' Speaker having applyed himfeU to his Excellency for a copy of his Speech and obtained y6 Same, The houfe of Burgeffes withdrew OrderedThat the Clerk of the General Affembly carry to the houfe of Burgeffes her Maj'le8 Letter recommending the buUding a houfe for the Governor w°h was referred to in his ExceUencys Speech. The petition of Peter Pafquier praying for Naturalizacon read and referred to the confideracon of the Houfe of Burgeffes. And then the Council adjourned tiU to morrow morning 10 aclock. Saturday (44») Saturday 27th April 1706 prefent M f DMUND JENINGS, Benj" Harrifon, John Cuftis Efq", J a: Blair Com17, hi Philip Ludwell, Wm Baffett, Henry Duke 8c Wm Churchill Efq" A biU Entituled an Ad concerning publick Claimes read the firft time and Ordered a Second reading A biU Entituled an Ad giving a Reward for killing of Wolves read the firft time and Ordered a fecond reading. Robert Carter Efq' prefent A bUl Entituled an Ad to prevent killing Deer at unfeafonable times read the firft time and ordered a Second reading. And then the CouncU adjourn'd tiU Munday morning 10 aclock E Munday April the 29^ 1706 prefent DMUND JENINGS, Jn" Lightfoot, Benj' Harrifon, Rob' Carter, Jn" Cuftis Efq", Ja Blair Com'", Ph: Ludwell and Wm Churchill Efq" The General Court having fate late. The Council adjourned tUl to morrow morning 10 aclock. Tuefday April ye 30th 1706 Prefent HIS ExceUency, Edm* Jenings, Jn' Lightfoot, Dudley Diggs, Benj" Harrifon, Robert Carter, Jn' Cuftis Efq", M' Com17 Blair, Philip Ludwell 8c Wm Churchill Efq" A meffage from the houfe of Burgeffes to his ExceUency by M' Robert Beverley and others who acquainted his Excellency that they were commanded to wait on him with the proceedings of the Houfe of Burgeffes towards building a houfe for the Governor, and deferved [defired] that his ExceUency [would be pleafed to caufe a draught of fuch a Houfe as by him fhal be thought moft convenient to be laid before the Houfe of Burgeffes. A meffage to the Council by M' Robert Beverley and others who delivered a Refolve of the Houfe of Burgeffes upon the peticon of peter Pafquier referred by the CouncU to y confideration of that Houfe. Which Refolve being read was agreed to as follows RefolvedThat His ExceUency the Governor is already fufficiently impowered by Law to Naturalize the faid peter Pafquier upon his taldng ye Oaths to her Majefty as by law is enjoined in fuch Cafes. And then the Council adjourned tUl to morrow morning 9 aclock. Wednefday May the firft 1706 prefent HIS ExceUency and the fame Council as yefterday Ordered That the Clerk of the General Affembly carry the foUowing meffage from his ExceUency to the Houfe of Burgeffes in anfwer to their meffage fent yefterday concerning the Governors houfe. Gentlemen Your hearty . ... [See J. of H. of B., p. 181.] And then the Council (that they might attend the bufinefs of the General Court) adjourn'd tUl to morrow morning 10 aclock Thurfday E (449) Thurfday May the 2d 1706 prefent DMD JENINGS, Jn' Lightfoot, Dudley Diggs, Benj" Harrifon, Rob' Carter, Jn" Cuftis Efq", M' Com17 Blair and Wm Churchill Efq' A biU Entituled an Ad ag' Stealing Hoggs read the firft time and ordered a fecond reading And then y Council adjourned tiU to morrow morning io aclock. Friday May the 3d 1706 prefent M^ DMUND JENINGS, Jn' Lightfoot Efq", M' Com'y Blair, Philip Ludwell hi and Wm Churchill Efq" -* — * A propofition from King and Queen County for making MUldams and bridges paffable for Carts read and referred to y6 confideration of y6 Houfe of Burg8 A Grievance from King and Queen County concerning the bounds between that County and Effex read and Referred to y6 confideration of the Houfe of Burg8 The petition of Major Arthur Allen praying aUowance for laying out y Nattoway Indians land purfuant to the act of Affembly read and referred to y6 confideration of the Houfe of Burgeffes. And then y Council adjourned till to morrow morning 9 aclock. Saturday May the 4th 1706 prefent Wf>DMD JENINGS, John Lightfoot Efq", James Blair Com17, Philip Ludwell 8c hi Wm Churchill Efq" -* — ' The Grievances of princefs Anne County read and Referred to y6 confider acon of the houfe of Burgeffes. The peticon of John Redwood for his SaUary as Keeper of ye publick Goal & the peticon of Jn' Redwood for allowance for entertaining 1 2 Indians two days were Severally read and referred to y6 confideration of the houfe of Burgeffes An acco' of Mr Cary for feveral Expences about y6 Capitol Read 8c Referred to y confideration of the houfe of Burgeffes. And then the CouncU adjourned till Munday morning 9 aclock. Munday May 6th 1706 prefent /OHN CUSTIS Efq', M' Com'y Blair, Philip Ludwell, Henry Duke 8c Wm Churchill Efq" A bill Entituled an Ad concerning fhe Colledion of fhe publick & County Levys & for the better payment of the fame to fhe refpedive Cred" therein concern' d Read the firft time and Ordered a 2d reading. A bUl Entituled an Ad for prevention of Tref paffes by unruly horfes, Cattle, hoggs Sheep and Goats and by taking away Boats and Canoes read the firft time and Ordered a 2d reading. A biU Entituled an Ad for eftablifhing the General Court and for regulating & fettling fhe proceedings therein, Read the firft time and Ordered a fecond reading. Philip Ludwell Efq' abfent. & Edm* Jenings 8c John Lightfoot Efq" prefent A bUl Entituled an Ad againft Stealing hoggs read the fecond time and Committed for amendments. A (450) A bUl Entituled an Ad to prevent killing Deer at unfeafonable times read y 2d time and ordered a third reading. A biU Entituled an Ad giving a Reward for killing of Wolves read y 2d time and Ordered a third reading. A bUl Entituled an Ad concerning publick Claims read y 2d time and ordered a third reading A bill Entituled an Ad for afcertaining the Gage of BarreUs for pork, beef, Tarr and pitch read the 2d time and ordered a third reading. A bUl Entituled an Ad to prevent the Clandeftine tranfportation or carrying of perfons in debt, Servants and Slaves out of this Colony read the fecond time and ordered a third reading. A bill Entituled an Ad for regulating the Eledion of Burgeffes for fettling their privi ledges and afcertaining their allowances read y6 2d time and Committed for amendm" And then y6 Council adjourned till to morrow morning 9 aclock. Tuefday May 7th 1706 prefent J~P DMUND JENINGS, Jn" Lightfoot, John Cuftis Efq", M' Com17 Blair, Philip hi Ludwell, Wm Baffett, Henry Duke and Wm Churchill Efq" -** — * A bill Entituled an Ad concerning publick Claims read the 3d time and paffed without amendment A bill Entituled an Ad giving a Reward for killing of wolves read the third time and paffed without amendment A bUl Entituled an Ad to prevent killing Deer at unfeafonable times read the third time, and an Amendment made thereto, woh being thrice read & agreed to RefolvedThat the BUl with y6 amendment do pafs. OrderedThat the Clk of the General Affembly carry the above three bUls to the houfe of Burgeffes and acquaint them that the Council have paffed two of them without amend ment and have made an Amendment to y other to w°h they defire the concurrence of that houfe. Prefent His Excellency OrderedThat the Clerk of the General Affembly carry the following written meffage from his Excellency to the houfe of Burgeffes M' Speaker and Gentlemen of the Houfe of Burgeffes Captain Thompfon . . . [See J. of H. of B., pp. 184-185.] His Excellency abfent A meffage from the Burgeffes to ye Council by M' Peter Beverley 8c others who brought a BiU Entituled an Ad for fettling the Militia and a BUl Entd An Ad concerning Tithables to w°b they defire the CouncUs concurrence A bUl Entd an Ad for fettling the Militia read y firft tune and ordered a Second reading A bill Entd an Ad concerning Tithables read the firft time and ordered a fecond reading. A bill Entd an Ad ag' Stealing hoggs being amended was read y third time with y amendm'8 RefolvedThat the BiU with y6 amendments do pafs. Ordered That y6 Clerk of the Gen" Affembly carry the faid bUl to y Houfe of Burgeffes and defire their concurrence to ye CouncUs amendments thereto. And then y CouncU adjourned till tomorrow morning 9 aclock Wednefday (450 Wednefday May the 8th 1706 Prefent T~pDMD JENINGS, Benj" Harrifon, Jn' Cuftis Efq", M' Com'" Blair, Philip hi Ludwell, Wm Baffett 8c Henry Duke Efq" ** — ' A biU Entd an Ad for afcertaining the Gage of BarreUs for pork, beef, tarr & pitch read the 3d time and paft without amendment Jn" Lightfoot Efq' prefent A bUl Entituled an Ad to prevent the clandeftine tranfportacon or carrying of perfons in debt, Servants and Slaves out of this Colony read the third time and paffed without amendment. Wm Churchill Efq' prefent A bill Entituled an Ad for encouragement of the Land Frontiers read the third time with y amendments Refolved That y BiU with the amendm'8 do pafs. Jn" Lightfoot Efq' abfent A bill Entituled an Ad for fettling the Militia read y fecond time and committed for amendments. A meffage from the Burgeffes to y CouncU by M' Robert Beverley and others acquainting their Hon" that y6 houfe of Burgeffes upon confideration of his ExceU0"* meffage on the unfortunate news of the fpoils committed by the ffrench in the Weft Indies defire a Conference with y CouncU on y Subject matter of the faid meffage. RefolvedThat Edm* Jenings, Benj" Harrifon, Jn" Cuftis and Philip Ludwell Efq" be Appointed to manage the Conference with the Burgeffes on y6 Subject matter of his ExceU6"8 meffage fent to the houfe yefterday. Ordered That y Clerk of the Gen1 Affembly acquaint the houfe of Burgeffes that the Council agree to the Conference defired by that houfe and have appointed four of their members to manage the fd Conference who wUl be ready immediatly in the Conference Room. And then the managers went to y6 Conference. And being returned M' Secry Jenings Reported that they had mett the Burgeffes and dUcourfed of fev" matters for the defence of the Country, but that ye Burgeffes having no further power than to advUe & dUcourfe on the methods proper to be taken in this conjuncture, were returned to their Houfe to report what had been propofed and debated. A peticon of Rebecca penkethman widow praying leave to bring in a BUl for y Sale of part of the lands of her deceas'd hufband for payment of his debts Read and Referred to y6 confideration of the houfe of Burgeffes And then the Council adjourned tiU to morrow morning 9 aclock. Thurfday May 9th 1706 prefent ~M * DMUND JENINGS, Jn' Lightfoot, Benj" Harrifon, Jn' Cuftis Efq", M' Com'" A/ Blair, Philip Ludwell, Wm Baffett, Wm Churchill Efq" -* — ' Ordered That Dudley Diggs and Henry Duke Efq" be excufed from attending the CouncU whUe they are imployed in fettling the late M' Aud' Byrds acco'8 A bUl Entituled an A d for regulating the Eledions of Burgeffes for Settling their priviledges and afcertaining their allowances, read y6 third time with y amendments Refolved That y6 bill with ye amendm'8 do pafs A (452) A bill Entd an Ad for Settling the Militia read the third time with the amendm'8 Refolved That the bill with y6 amendm'8 do pafs OrderedThat the Clk of the Gen" Affembly carry the fd biUs with thofe paffed yefterday to the houfe of Burgeffes and defire their concurrence to the amendm'8 made thereto by the Council A bill Entituled an Ad concerning the colledion of the publick and County Levys and for the better payment of y fame to the refpedive Creditors therein concerned read y6 fecond time and Ordered a third reading A bUl Entituled an Ad for prevention of Tref paffes by unruly horfes Cattle hoggs, Sheep and Goats and by taking away Boats and Canoes read y 2d time and Committed for amendments. His Excellency prefent A meffage to his Excellency from the Houfe of Burgeffes by M' Wm Randolph and others who brought the foUowing proceedings of the houfe in anfwer to his ExceU0"8 meffage concerning the SpoUs committed by the ffrench in the Weft Indies "May it pleafe Yo' Excellency "Having taken . . . [See J. of H. of B., p. 187.] His ExceU0" abfent A bUl Entituled an Ad concerning Tithables read ye 2d time & ordd a third reading A biU Entituled an Ad for eftablifhing the Gen" Court and for regulating and Settling the proceedings therein read ye fecond time and Committed for amendments. And then y6 CouncU adjourned til to morrow morning 9 aclock. Thurfday [FridayX May the 10th 1706 Prefent 1 f DMUND JENINGS, John Lightfoot, Dudley Digges, Benj" Harrifon, Jn" hi Cuftis Efq", M' Com'" Blair, Philip Ludwell, Wm Baffett, Henry Duke 8c Wm -* — ' Churchill Efq" A bill Entituled an Ad concerning Tithables being offerred for a third reading Some amendments were propofed to be made thereto, w6*1 being admitted and ye fd amendm'8 twice read, The biU with the amendm'8 was read the third time Refolved That the bill with y6 amendments do pafs. A bill Entituled an Ad for preventing Tref paffes by unruly horfes, Cattle hogs fheep and Goats and by taking away boats and Canoes read y6 3d time with the amendm'8 and y6 queftion be [being] put that the amendm'8 be added to the bill It paffed in the Negative Refolved That the Bill be paffed without amendment A bill Entituled an Ad concerning the Colledion of the publick and County Levys and for payment of the fame to the refpedive Creditors therein concern' d Read the third time and paffed without amendment A bUl Entituled an Ad for eftablifhing the General Court and for regulating and Settling the proceedings therein Read the third time with y6 amendm'8 Refolved That the Bill with the amendments do pafs. Ordered That the Clerk of the General Affembly carry the aforefaid BUls to the Houfe of Burgeffes and defire their concurrence to fuch amendm'8 as are made thereto by the CouncU. A 453) A meffage from the houfe of Burgeffes to y6 Council by M' Miles Cary 8c others who brought the following Bills viz a BUl Entituled an Ad concerning Servants and Slaves, A bill Entituled an Ad for making, Clearing and repairing the high ways and for clearing the Rivers and Creeks. A bill Entituled an Ad for the more fpeedy and eafy profecution of Slaves committing Capital Crimes. A bill Entituled an Ad concerning Marriages. A bUl Entituled an Ad concerning Waifts and Strays, and a bUl Entd an Ad for regulating Ordinarys for reftraint of tipling houfes, to woh they defire the Councils concurrence. And then the Council adjourn'd till to morrow morning 9 aclock. Saturday May 11th 1706 prefent ~W ^ DMD JENINGS, Benj" Harrifon, John Cuftis, Henry Duke and Wm Churchill M Efq" -** — ' A bill Entituled an Ad concerning Waifts and Strays read the firft time and Ordered a fecond reading. A bill Entituled an A d concerning marriages read the firft time and ordered a Second reading. A bill Entituled an Ad for the Speedy and eafie profecution of Slaves committing capital Crimes read the firft time and ordered a fecond reading. A biU Entituled an Ad for making Clearing and repairing the highways and for Clearing the Rivers and Creeks read y firft tune and ordered a fecond reading A bUl Entituled an Ad for regulating Ordinarys and reftraint of tippling houfes Read the firft tune, and ordered a fecond reading A bill Entituled an Ad concerning Servants and Slaves read the firft time and Ordered a Second reading. Jn" Lightfoot, Dudley Diggs Efq", M' Com'" Blair, Philip Ludwell 8c William Baffett Efq" Prefent A meffage from the houfe of Burgeffes to the Council by M' William Randolph and others acquainting their Hon" that the houfe had agreed to y6 amendm'8 made by their Hon'8 to y6 feveral foUowing bills and had inferted them therein viz to the Bill for limita tion of actions and avoiding of Suits the bUl concerning Jurys, the Bill to prevent kiUing Deer at unfeafonable times the BiU declaring who fhal not bear Office in this Country, the BUl for regulating the election of Burgeffes for fettling their priviledges and afcer taining their aUowances, and to y bUl for Eftablifhing the General Court & for regulating and fettling the proceedings therein. And the faid BiUs being Examined, Ordered that the Clerk of the General Affembly return them to the houfe of Bur geffes and acquaint them that y6 Council have paffed y6 fame as amended. A meffage from the houfe of Burgeffes to the Council by M' Peter Beverley and others, that the houfe had agreed to their amendm'8 made to the bUl Entd an Ad prefcribing the method of appointing Sherifs & Limiting the time of their continuance in office and direding their duty therein with a fmall amendment to woh they defire the concurrence of y6 Council. RefolvedThat the amendm' propofed by the Burgeffes to the Councils amendm' to the fd Bill be agreed to OrderedThat the Clk of the General Affembly carry back y6 fd bUl to y6 houfe of Burgeffes and acquaint them that y6 CouncU agree to y6 amendm' propofed by them. A meffage from the houfe of Burgeffes to the CouncU by M' Miles Cary and others that the Houfe had agreed to the amendm'8 made by their Hon" to the bill Entituled an Ad declaring how long Judgements, Bonds obligacons and Acco'3 fhal be pleadable, &c and had inferted them therein. And (454) And the amendments being compared With y bill Ordered, that the Clk of the Gen" Affembly return the fd biU to y Houfe of Burg* and acquaint them that y CouncU have paffed y6 fame as amended. His Excellency prefent OrderedThat the Clerk of the General Affembly cany the following meffage in writing from his Excellency and the Council to the Houfe of Burgeffes M' Speaker and Gent of the Houfe of Burgeffes His Excellency and the Council having . . . . [See J. of H. of B., p. 191.] A petition of Rich* Ligon praying allowance for laying out five thoufand and fourty acres of Land for the French Refugees at Manicantown read and referred to the confideration of the houfe of Burgeffes His Excellency prefent A meffage from the Burgeffes to ye Council by Mr Rob' Beverley 8c others that the Houfe had agreed to part of the amendments made by their Hon" to the BUl Entituled an Ad ag* Stealing hoggs and to the reft of the amendm'8 they could not agree, and there fore defire the Council to pafs the bill w'hout them. Refolved That the Council do not infift on fo much of their amendm" to y fd bill as are dUagreed to bj' the houfe of Burgeffes. A meffage to the Council from the Houfe of Burgeffes by M' Peter Beverley and others that the Houfe had agreed to part of the amendm'8 made by their Hon" to the Bill Entd an Ad concerning Tithables, and to ye reft they could not agree, and therefore defire that the CouncU wUl pafs the Bill without them. RefolvedThat the CouncU do not infift on fo much of y faid amendments as are dUagreed to by the houfe of Burgeffes. Ordered That the Clerk of the Gen" Affembly carry the two laft mentioned Bills to the Houfe of Burgeffes and acquaint them that the Council are content to pafs y6 fame without y addition of fo much of their amendm'8 as that houfe have dUagreed to. And then y Council adjourn'd till Munday morning 9 aclock. Munday May 13th 1706 prefent ¥ * DMUND JENINGS, Benj" Harrifon, Robert Carter Efq", James Blair Com17, A*/ Philip Ludwell, Wm Churchill Efq" "*•* — ' A Memorial of CoU° Fitzhugh for Leave to keep a fferry over Potomack between Virginia and Maryland Read and referred to y6 confideracon of the Houfe of Burgeffes. A biU Entituled an Ad for making, Clearing and repairing the highways and for Clearing the Rivers and Creeks read ye 2d time and Committed for amendm'8 A bUl Entituled an Ad for the more eafy profecution of flaves committing Capital Crimes read y fecond time and Ordered a third reading. A bill Entituled an Ad concerning marriages read the fecond time and Committed for amendments A meffage to the Council from the Houfe of Burgeffes by M' Rich* Bland and others who brought the Bill Entituled an Ad concerning Tithables and ye Bill Entd an Ad ag' Stealing hogs and acquainted their Hon" that the Houfe had inferted y6 amendments in the faid BUls as agreed unto by their Hon" A bUl Entituled an Ad for regulating Ordinarys and reftraint of tippling houfes read the Second time and Committed for amendments. A bUl Entituled an Ad concerning Waifts and Strays read the 2d time and an amend ment made thereto, and ordered to be read a third time And then y Council adjourn'd tUl to morrow morning 8 aclock. Tuefday (455 ) Tuefday May the 14th 1706 prefent 7~p DMUND JENINGS, Dudley Digges, Benj" Harrifon, Robert Carter Efq", hi James Blair Com"7, Philip Ludwell and Wm Churchill Efq" -**— - ' A BUl Entituled an Ad concerning Waifts and Strays read the third time with the amendments RefolvedThat the Bill with y amendments do pafs. A bUl Entituled an Ad for fhe Speedy and eafie profecution of Slaves committing Capital Crimes read the third time and paffed without amendment. A bill Entituled an Ad for regulating Ordinarys and reftraint of tippling houfes read the thud time with the amendments RefolvedThat the bill with the amendments do pafs, A meffage from the houfe of Burgeffes to ye Council by M' Bland and others that the Houfe had inferted the amendments in the Bill Entituled an Ad prefcribing the method of appointing Sherifs and limiting the time of their continuance in office and direding their duty therein according as they had been agreed unto by their Hon" and that houfe. Ordered, that the Clerk of the Gen" Affembly Return y faid BUl with the Bill concerning Tithables to the houfe of Burgeffes and acquaint them that y CouncU have paffed y6 fame as amended. John Lightfoot 8c Henry Duke Efq" prefent A bill Entituled an Ad for making, Clearing, and repairing the high ways and for Clearing the Rivers and Creeks read the thud time with y amendments RefolvedThat the Bill with the amendments do pafs Ordered That the Clerk of the Gen" Affembly carry to the houfe of Burgeffes the feveral bUls paffed this day by the CouncU, and acquaint them that the CouncU defire their concurrence to fuch amendments as are propofed by their Hon" to y fd BUls. A meffage from the Burgeffes to y Council by M' William Edwards and others who brought the following bills paffed by the houfe Viz a bUl Entituled an Ad for fettling and afcertaining the current rates of forreign Coins in this Dominion. A bill Entd an Ad for encouragement of building Water Mills. A bUl Entituled an Ad direding the manner of Levying Executions, and for relief of poor prifoners for Debt, to which they defire the CouncUs concurrence. The feveral petitions of the Veftry of James City parifh and of the Inhabitants of the Lower part of Wilmington parifh Read and referred to y6 confideracon of the houfe of Burgeffes And then the Council adjourned tUl to morrow morning 8 aclock. Wednefday May 15th 1706 prefent /N° LIGHTFOOT, Dudley Digges, Benj" Harrifon, Rob' Carter Efq" and James Blair Com'" A bill Entd an Ad for Settling and afcertaining fhe current Rates of forreign Coines in this Dominion, read the firft time and ordered a Second reading A bill Entituled an Ad for encouragement of building Water Mills read y firft time and Ordered a Second reading. A BUl Entituled an Ad direding the manner of Levying Executions and for Relief of poor prifoners for debt read the firft time and ordered a fecond reading Wm Baffet 8c Henry Duke Efq" prefent A meffage from the houfe of Burgeffes to y6 Council by M' Peter Beverley 8c others who brought the Bill Entituled an Ad for improving y Staple of tobacco and for regulating the (456) the Size and Tare of tobacco hogfh*3, and acquainted their Hon" that the houfe had agreed to part of the amendm'3 propofed by them to ye fd bill, and to others they cannot agree, and therefore defire their Hon" wUl be pleafed not to infift any further on y faid amendm'8 fo dUagreed to Edm* Jenings Efq' prefent A bUl Entituled an A d concerning Servants and Slaves read the fecond time, & Committed for amendm'8 A bill Entituled an Ad concerning Marriages read the third time with y6 amendments Refolved That the Bill with the amendments do pafs. OrderedThat the Clerk of the Gen" Affembly carry the faid Bill to the houfe of Burgeffes and defire their concurrence to ye amendm'8 made thereto by y6 Council And then y6 Council adjourn'd tUl to morrow morning 8 aclock. Thurfday May 16th 1706 prefent T"~^ DMUND JENINGS, John Lightfoot, Benj" Harrifon Efq", M' Com'" Blair, hi Philip Ludwell, Wm Baffett 8c Henry Duke Efq" -* — ' A bUl Entd an A d concerning the Church Clergy and other parochial affairs Read the third time with y amendments RefolvedThat the BUl with the amendments do pafs Ordered, that the Clerk of the Gen" Affembly carry ye fd bUl to y6 houfe of Burgeffes and defire their concurrence to the amendments made thereto by ye CouncU A bill Entituled an Ad fettling and afcertaining fhe Current Rates of forreign Coines in this Dominion Read y 2d time and Committed for amendm'8 Robert Carter Efq' prefent A BUl Entituled an Ad for encouragement of building Water Mills read y fecond time and an Amendment made thereto, OrderedThat the Bill with the amendm' be read a third time And then the Council adjourn'd tiU to morrow morning 9 aclock. Tuefday [Friday\ May the 17^ 1706 prefent Tf DMUND JENINGS, Benj" Harrifon, Rob' Carter Efq", James Blair Com'", Ay Philip Ludwell, Wm Baffett & Henry Duke Efq" -** — ' A bUl Entituled an A d for fettling and afcertaining the Current rates of forreign Coines in this Dominion read the third time with the amendments Refolved That the bill with the amendments do pafs Ordered That the Clerk of the General Affembly carry the faid Bill to ye Houfe of Burgeffes and acquaint them that y6 Council have paffed ye fame with fome amendm'8 to w°b they defire the concurrence of that Houfe. The (457) The CouncU having taken into confideration the amendm'8 made by them to ye BUl Entituled an Ad for improving the Staple of Tobacco, and for afcertaining the Size and Tare of tobacco hogfhds, wch the houfe of Burgeffes have difagreed to, RefolvedThat y Council do not infift on fo much of their amendm'8 as are difagreed unto by the houfe of Burg8 Ordered That y6 Clk of the Gen" Affembly Carry the faid bill to y6 houfe of Burgeffes and acquaint them therewith. A bill Entituled an Ad for the encouragement of building Water mills read y third time with ye amendments RefolvedThat the Bill with y6 amendm' do pafs A BiU Entituled an Ad concerning Servants and Slaves read y third time with the amendm'8 RefolvedThat y bill with y6 amendm'8 do pafs. OrderedThat the Clerk of the Gen" Affembly carry the faid Bills to y Houfe of Burgeffes and acquaint them that the Council have paffed the fame with feveral amendments to woh they defire the concurrence of that houfe. A peticon of Miles Cary Wm Buckner 8c Wm Robertfon Attorneys of CoU° Francis Nicholfon praying that directions may be given for Conveying the Country houfes to the fd Coll° Nicholfon according to an Ordinance of Affembly read & refer 'd to y con fideration of the houfe of Burg8 And then the CouncU adjourned till to morrow morning 8 aclock. Saturday May i 8th 1706 prefent W f DMUND JENINGS, John Lightfoot, Benj" Harrifon, Rob* Carter Efq", James hi Blair Com'", PhUip Ludwell, Wm Baffett, Henry Duke Efq" •* ^ A bUl Entituled an Ad direding the manner of Levying executions and for relief of poor prifoners for debt, read the 2d time, and an amendm' being made thereto, Ordered, that ye bill with y6 amendm' be read a third time. A meffage from the Burgeffes to the Council by M' Miles Cary 8c others who brought a BUl Entituled an Ad for laying an Impofition on Liquors & Slaves to w°h they defire the concurrence of the CouncU. A petition of Edward Creekmore and others complaining of encroachments made by the Officers of the Governm' of Carolina in exacting Quittrents of them tho they hold their Land by patents from Virginia, Read and Referred to y confideracon of the Houfe of Burgeffes. A bill Entituled an Ad for laying an Impofition upon Liquors & Slaves Read the firft time and Ordered a Second reading And then the Council adjourn'd till Munday morning 8 aclock E Munday May 20th 1706 prefent DMUND JENINGS, Rob' Carter & James Blair Efq" The Council adjourned till to morrow morning 8 aclock Tuefday (45») Tuefday May 2ift 1706 prefent ~F~^\UDLEY DIGGES, Benj" Harrifon, Rob' Carter Efq", James Blair Com'" and A J Henry Duke Efq' -*-~^ A meffage to ye CouncU from the houfe of Burgeffes by M' Miles Cary & others who acquainted their Hon" that y6 houfe had agreed to y6 amendments propofed by them to the bill Entituled an Ad concerning marriages, to the BiU Entd an Ad concerning Waifts and Strays, to y6 Bill Entd an Ad for encouragement of building water Mills and to y6 Bill Entd an Ad for regulating Ordinarys and reftraint of tippling houfes, and that the houfe had alfo inferted y6 amendm'8 made by their Hon" to ye biU Entd an Ad for improving the Staple of tobacco and for regulating y Size and tare of tobacco hogfheads And alfo brought the bill Entd an Ad concerning Servants and Slaves, and acquainted the Council that the Houfe had agreed to part of their Hon" amendm" and to part they could not agree, and defired the Council to pafs y bill without thofe amendments Edmund Jenings & Jn" Lightfoot Efq" prefent The amendments made by the Council to the BUl Entituled an Ad concerning Servants and Slaves being read Refolved That y6 Council do not infift on fo much of the faid amendments as are dUagreed unto by the houfe of Burgeffes Ordered That y Clerk of the General Affembly carry back the faid bUl to the Houfe of Burgeffes and acquaint them that y6 CouncU do not infift on y6 fd Amendments. Ordered That the Clerk of the Gen" Affembly carry to ye houfe of Burgeffes the feveral bills fent up this day from the Burgeffes and acquaint them that y CouncU have paffed y fame as amended. A bUl Entituled an Ad direding the manner of Levying Executions and for relief of poor prifoners for debt read the third time with y amendm" Refolved That y bill with y6 amendments do pafs. Ordered That y Clk of the Gen" Affembly carry the faid bUl to y houfe of Burgeffes and acquaint them that the CouncU have agreed thereunto with fome amendments to wch they defire the concurrence of that Houfe The peticon of John Holt praying leave to keep a fferry over James River Read and Referred to y6 confideration of the houfe of Burgeffes A bUl Entituled an Ad laying an Impofition on Liquors and Slaves read the 2d tune and ordered to ly on y6 table for a third reading. OrderedThat the Clerk of the Gen" Affembly carry the following meffage from the CouncU to y6 houfe of Burgeffes M' Speaker & Gent, of the houfe of Burgeffes The Council being defirous . . . [See J. of H. of B., p. 199.] And then y° Council adjourned tiU to morrow morning 8 aclock. Wednefday May 2 2d 1706 prefent I yDMD JENINGS, Jn° Lightfoot, Dudley Digges, Benj" Harrifon, Rob' Carter §~i Efq", James Blair Com17, Philip Ludwell, Wm Baffett and Henry Duke Efq" -* — ' A meffage to the CouncU from the Houfe of Burgeffes by M' Miles Cary and others defiling a Conference with their Hon" on y6 Subject matter of their laft meffage. Refolved (459) Refolved That ye Council do agree to y Conference defired by the Burgeffes, and Benj" Harrifon Efq' Rob' Carter Efq' & M' Com'y Blair were appointed Managers Ordered That the Clerk of the General Affembly go to y houfe of Burgeffes and acquaint them that the Council agreed to the Conference defired by that houfe on y Subject matter of the Councils laft meffage, and have appointed three of their members to meet fuch a number of Burgeffes as that houfe fhal think fitt and that y managers for the CouncU are now ready in the Conference Room. His Excellency prefent Ordered That the Clerk of the Gen" Affembly carry the following meffage from his Excellency to the Houfe of Burgeffes, Gentlemen The danger that threatned us from the power of [See J. of H. of B., pp. 200-1.] And then y CouncU adjourned tUl to morrow morning 8 aclock. Thurfday May 23d 1706 prefent ~W *DMD JENINGS, Jn' Lightfoot, Dudley Digges, Benj" Harrifon, Robert Carter hi Efq", Ja Blair Com17, PhUip Ludwell, Wm Baffett & Henry Duke Efq" -*¦ — ' A meffage to the CouncU from the Burgeffes by M' Rob' Beverley and others who brought the Bill Entituled an Ad for fettling and afcertaining the Current rates of forreign Coines in this Dominion and acquainted their Hon" that the houfe dUagreed to all their amendm" to y fd Bill and defired that the BUl may be paffed without them. Ordered That the faid BUl ly upon the Table. A petition of Robert Beverley George Marable 8c Jn" Geddes Gent8 praying a Grant of y Bricks of the old State houfe at James town for building a Court houfe there Read and Referred to the confideration of the houfe of Burgeffes. A meffage to the Council from the Burgeffes by M' Wm Randolph 8c others who brought the following Refolves in anfwer to their Hon" meffage concerning an exception in ye bill for laying an Impofition on Liquors and Slaves, w°b Refolves are as follow. ' 'Refolved, that leave be given to y6 Council to amend the bUl for Laying an Impo- "fition upon Liquors and Slaves according to their meffage. ' 'Refolved, that y6 amendment propofed be made in this manner, To witt, by ftriking ' 'out a provUo in y faid Bill in thefe words ' 'Provided neverthelefs and it is hereby Enaded "and declared that no Cuftom or duty whatfoever fhal be exaded or paid for Beer of any fort "imported in any fhip or Veffell wch fhal come diredly from England, Wales or the town of ''Berwick upon Tweed, if the fame were Laden or put on board to be fpent in fuch Ship or "Veffell for the ufe of the Company belonging to her, and upon no other account whatfoever, "but that all fuch Beer fhal remain & continue exempt and free from any Impofition duty or ' 'Cuftom impofed by this ad as if this ad had never been made. And inferting in ye room thereof a provifo in thefe words, ' 'provided neverthelefs ' 'and it is hereby Enacted 8c declared that no duty or Cuftom whatfoever fhal be required "or paid for any of the Liquors before enumerated w°h fhal come directly from England "Wales or the Town of Berwick upon Tweed, but that all fuch Liquors fhal remain and "continue exempt and free from any Impofition duty or Cuftom Levyed or raUed by "this act as U this adt had never been made. Then (460) Then the BUl Entituled an Ad laying an Impofition on Liquors & Slaves being amended according to y6 above Refolves, the faid Bill and amendm'8 were read ye third time Refolved That the BUl do pafs. OrderedThat the Clk of the Gen" Affembly carry ye fd bill to the houfe of Burgeffes, and acquaint them that the Council have inferted therein the amendments fent up by that houfe and have paffed the fame accordingly. A meffage from the Burgeffes to y6 Council by M' Rob' Beverley 8c others who brought the following bUls viz a bill Entd an Ad concerning the granting Seating and planting and for Settling the titles and bounds of Lands & for preventing unlawful f hooting & Ranging thereupon, and a bill Entituled an Ad direding y duty of Surveyors of Land & afcertaining their ffees to wch they defire the CouncUs concurrence. And then y6 CouncU adjourned tiU to morrow morning 8 aclock Friday May the 24th 1706 prefent Wf DM UND JENINGS, Jn" Lightfoot, Benj" Harrifon Efq", M' Com'y Blair, hi Philip Ludwell, W'" Baffett & Henry Duke Efq" -*¦ — ' A bUl Entituled an Ad direding fhe duty of Surveyors of Land & afcertaining their fees read the firft time and ordered a fecond reading. A bill Entituled an Ad concerning fhe granting, feating and planting elf for fettling the titles and bounds of Lands and for preventing unlawful f hooting and ranging thereupon read the firft time and ordered a fecond reading. And then y6 Council adjourned till to morrow morning 8 aclock Saturday May 25th 1706 prefent W * DMUND JENINGS, Jn" Lightfoot, Benj" Harrifon Efq", James Blair Com"7, Ay Philip Ludwell, Wm Baffett 8c Henry Duke Efq" -•* — ' A meffage from the Burgeffes to y Council by M' Robert Beverley 8c others who brought 17 Inrolled bUls paffed this Affembly and acqted the CouncU that the Burgeffes had Examined them, & had fent them up to their Hon'8 for their Satisfaction. Ordered That ye Clerk of the Gen" Affembly carry back y6 fd BUls to y6 houfe of Burgeffes and acquaint them that ye Council have infpected them & are fatisfyed they are truly InroUed. His Excellcy prefent Ordered That y6 Clerk of the General Affembly go to the houfe of Burgeffes & acquaint them that his Excelloy commands their immediate attendance on him in the CouncU Chamber, and that they bring with them fuch bills as are ready for his Excelloys affent. The Houfe of Burgeffes attending, M' Speaker addreffed himfelf to his Exoy to this effect.May it pleafe Yo' Excellency The Houfe of Burgeffes do humbly prefent to y' Excellcy feveral bills wch have been paffed by the CouncU and themfelves, and they pray y affent to them The firft is a Bill for laying an Impofition upon Liquors & Slaves, woh is defigned for raifing a Fund to build fuch a houfe as fhal be fitt for the refidence of yo' Excell0" and yr Succeffors the Governors of this Country: This they hope will be accepted as the (460 the beft teftimony they can give of their duty and loyalty to her Majefty and of their particular refpedt & efteem for yo' ExceU0", and they likewUe hope that fo fuitable an offering of the firft fruits of their confultations will be taken as an earneft of thofe endeavors they will always ufe to preferve a good underftanding with yo' Excellency. The other biUs (Except one) are part of that great work the RevUal of the whole body of the Laws of this Country, w°b having been long in agitation the Succefs is ex pected with impatience, and if it be now brought to perfection, the prefent Generation wUl not only be made happy, but pofterity wUl for ever celebrate y ExceUencys name. Then his Excellency was pleafed to give his affent to the following bills, y fame being Signed as ufual by his Excellency and the Speaker viz An Ad for laying an Impofition on Liquors and Slaves. An Ad for regulating the Eledions of Burgeffes for fettling their priviledges & afcer taining their allowances. An Ad prefcribing the method of appointing Sherifs, declaring the time of their con tinuance in office, and direding their duty therein. An Ad declaring who fhal not bear office in this Country An Ad againft importing tobacco from Carolina and other parts without the Capes of Virginia An Ad afcertaining the Gage of BarreUs for beef, pork, Tarr and pitch An A d concerning Tithables An Ad concerning publick Claimes An Ad concerning the Colledion of the publick and County Levys and for paying the fame to the refpedive Cred" therein concerned An Ad direding fhe building and maintaining of prifoners, pillorys whipping pofts, Stocks and Ducking Stools in each County. An Ad for the Speedy and eafie profecution of Slaves committing capital Crimes. An Ad to prevent the clandeftine tranfportation of perfons in debt, Servants df Slaves out of this Country. An Ad concerning Waifts and Strays An Ad ag' Stealing hoggs An Ad for prevention of Tref paffes by unruly horfes Cattle hoggs Sheep & Goats & by taking away Boats and Canoes. An Ad giving a Reward for killing of Wolves, and An Ad for fhe encouragement of fhe Land Frontiers. After which his ExceUency was pleafed to fay to this effect, That he thanked the Burg8 for the firft Act prefented to him laying an Impofition on Liquors and Slaves towards buUding a houfe for the Governor, that he would not fail to reprefent to her Majefty the duty and loyalty her Subjects of Virginia had fhowed in fo readily com plying with her Maj"68 commands, and that he thought himfelf particularly obhged to them for carrying on fo defired a work in his time, and affured them his utmoft endeavors & intereft fhould not be wanting to do the Country Service. That as M' Speaker had obferved, the RevUal of the Laws was a work expected with impatience, and he was extremely pleafed to perceive that they had already proceeded fo great a length therein and fhould reckon it as a particular happinefs to fee the whole completed in fome fhort time. And then the Burgeffes withdrew And the Council adjourned till Munday morning 9 aclock E Munday May 27th 1706 prefent DMUND JENINGS, John Lightfoot, Benj" Harrifon Efq", James Blair Com'" and Philip Ludwell Efq' A biU Entituled an Ad direding fhe duty of Surveyors of land & afcertaining their fees, read ye 2d time and amended at y Board. Ordered That the biU with the amendments be read a third time A (462) A meffage from the houfe of Burgeffes to y6 CouncU by M' Miles Cary 8c others who brought the bill Entituled an Ad for eftablifhing the County Courts & for regulating and fettling the proceedings therein & direding the manner of granting probates of Wills and adminiftrations of Inteftates Eftates and a bill Entituled an Ad for the better fecuring the Liberty of the Subjed, to which they defire the Councils concurrence. And aUo brought the Bill Entd an Ad concerning Servants and Slaves, and the biU Entituled an Ad direding the manner of Levying Executions and for relief of poor prifoners for debt, and acquainted the Council that the houfe had inferted y amendm" in y6 fd BUls as agreed unto Then y amendm" to ye aforefd bills being Examined OrderedThat y Clerk of the Gen" Affembly carry y6 fd bUls to ye houfe of Burgeffes and acquaint them that y6 CouncU have paffed ye fame as amended And then y Council adjourned till to morrow morning 8 aclock Tuefday May 28th 1706 prefent W f DMUND JENINGS, John Lightfoot, Dudley Digges, Benj" Harrifon Efq" and At James Blair Com17 -* — ' A peticon of Edmund Jenings Efq' Sec17 praying aUowance for 572 MUitary CommUfions read and referred to yc confideration of the houfe of Burgeffes. A bill Entituled an Ad direding the duty of Surveyors of Land and afcertaining their fees, read the third time with y amendments Refolved That the bill with y amendments do pafs Ordered That the Clerk of the Gen" Affembly carry the faid BUl to the houfe of Burgeffes, and acquaint them that the Council have agreed thereto with fome amendments to which they defire the concurrence of that Houfe. Philip Ludwell and Henry Duke Efq" prefent A biU Entituled an Ad for eftablifhing the County Courts, and for regulating and Settling fhe proceedings therein, and direding fhe manner of granting probates of Wills and adminiftrations of Inteftates Eftates read the firft time, and ordered a 2d reading A biU Entituled an Ad for the better fecuring the liberty of the Subjed read the firft time, and ordered a fecond reading And then y6 CouncU adjourned till to morrow morning 9 aclock Wednefday May 29th 1706 prefent ~W yDMD JENINGS, John Lightfoot, Dudley Digges, Benj" Harrifon Efq", James hi Blair Com17, Henry Duke Efq' -* — ' A meffage from y6 houfe of Burgeffes to y CouncU by Mr Nathaniel Harrifon and others who brought a BUl Entituled an Ad for fettling fhe dividing Unes between fhe Countys of prince George, Surry, Ifle of Wight and Nanfemond on y Southfide the Blackwater fwamp to w011 they defire ye CouncUs concurrence. A meffage from the houfe of Burgeffes to y6 CouncU by M' Rob' Beverley and others that y6 houfe had agreed to the amendm'8 propofed by their Hon" to yc bUl Entituled an A d for making, Clearing and repairing the highways & for clearing y Rivers and Creeks and to y bill Entd an Ad direding the duty of Surveyors of Land and afcertaining their fees, and had inferted them therein That y6 houfe had aUo agreed unto part of ye amend- in'8 propofed by their Hon" to y6 bill concerning the Militia with an amendm', and to others they could not agree and defired the Council to pafs y6 fd biU with fuch of y amendm" only as the houfe have agreed unto A (463) A meffage from the houfe of Burgeffes to y6 Council by Mr Rob' Beverley and others who brought an order of that Houfe for appropriating the bricks of the old State houfe at Jameftown to y ufe of y fd County to w°h they defire the Councils concurrence. Which order was read & agreed unto & is as follows OrderedThat y Bricks of y old State houfe at James town be appropriated to y ufe of James City County for the buUding a Court houfe in y6 faid County, and that no perfon prefume to make ufe of the faid Bricks on any other account whatfoever. The amendments to the BUl Entd an Ad direding the duty of Surveyors of Land and afcertaining their fees, and to y bUl Entd an Ad for making Clearing & repairing the high ways and for clearing the Rivers and Creeks being compared as inferted in the Bills Ordered That y Clk of the General Affembly carry back the fd Bills to ye houfe of Burgeffes, and acquaint them that y CouncU have paffed y6 fame with y6 amendm" agreed unto by their Hon" & that houfe. And that y6 Clk of y Gen" Affembly acquaint y houfe that y CouncU have agreed to y6 order for appropriating y6 bricks of the old State houfe at James Town to y6 ufe therein mentioned. A bUl Entituled an Ad for fettling the dividing Lines between the Countys of Prince George, Surry, Ifle of Wight and Nanfemond on y Southfide Blackwater fwamp read the firft tune and ordered a 2d reading. The amendm" propofed by the Council to y6 biU Entd an Ad for fettling y Militia, and dUagreed to by the houfe of Burgeffes being read OrderedThat y fame ly upon y6 table for further confideration A bUl Entituled an Ad for the better fecuring the Liberty of the Subjed read y fecond time and Ordered a third reading. And then y Council adjourned tUl to morrow morning 9 aclock. Thurfday May 30th 1706 prefent T~yDMD JENINGS, Jn' Lightfoot, Dudley Diggs, Benj' Harrifon, Rob' Carter Efq", A7 James Blair Com'y & Henry Duke Efq' -*» — •' A bUl Entituled an Ad for the better fecuring y liberty of y Subjed read the third time and paffed without amendment Ordered That ye Clk of the Gen" Affembly carry the faid bill to y houfe of Burgeffes & acquaint them that y Council have agreed thereto without amendm' A meffage from the Burgeffes to ye Council by M' Miles Cary and others who brought the BUl Entituled an Ad concerning the Church Clergy and other parochial affairs, and acquainted the CouncU that the houfe had agreed unto fome of the amendments propofed by their Hon" to y6 faid Bill and to y6 other of their amendm" had dUagreed, and defired their Hon" not to infift upon fo much of y6 faid amendm" as are difagreed unto by the Houfe. A bUl Entituled an Ad concerning the granting, Seating and planting and for fettling the Titles and bounds of lands and for preventing unlawful f hooting and ranging thereupon read the fecond time and Committed for amendments. A meffage to ye Council from the Burgeffes by M' Rob' Beverley & others who brought a BUl Entituled an A d for Naturalizacon, and a bUl Entituled an Ad confirming the Naturalizacon of Jofhua Mulder and others, to w°b they defire the Councils concurrence. A bill Entituled an Ad confirming the Naturalizacon of Jofhua Mulder & others, and A bUl Entituled an Ad for Naturalization, were read y6 firft time and Ordered a Second reading And then ye Council adjourn'd till to morrow morning 9 aclock. Friday (464) Friday May the 3ift 1706 Prefent W f DMUND JENINGS, John Lightfoot, Dudley Diggs, Benj" Harrifon, Rob' Carter gi Efq", J a Blair Com'", Philip Ludwell and Henry Duke Efq" -*¦ — ' A meffage from the Burgeffes to y6 Council by M' Wm Randolph and others who brought a BUl Entituled an Ad declaring the Negro, Mulatto and Indian Slaves within this Dominion to be real Eftate, and a Bill Entd an Ad for prevention of mifunderftandings between the Tributary Indians & other her Majeftys Subjeds of this Colony and Dominion, and for a free and open trade with all Indians whatfoever, to w6h they defire the Councils concurrence. A bUl Entituled an Ad declaring y Negro, Mulatto df Indian Slaves within this Dominion to be real Eftate read y6 firft time and Ordered a 2d reading A bill Entituled an Ad for prevention of mifunderftandings between the Tributary Indians and other her Majeftys Subjeds of this Colony df Dominion df for a free & open trade with all Indians whatfoever Read ye firft time & ordered a Second reading. The Council took into confideration the biU concerning y granting feating & plant ing and for Settling y titles and bounds of Lands and for preventing unlawful Shooting and ranging thereupon, and made feveral amendments thereto, and OrderedThat y6 bill with y6 amendm" be read a third time. And then y6 Council adjourned till to morrow morning 8 aclock, Saturday June ye ift 1706 prefent J~^ DMUND JENINGS, John Lightfoot, Benj" Harrifon, Rob' Carter Efq", J a hi Blair Com'", Philip Ludwell 8c Henry Duke Efq" -** — ' A meffage to the Council from the Burgeffes by M' Wm Robinfon 8c others who brought the foUowing BiUs paft by the Burgeffes viz a biU Entituled an A d laying an Impofition upon skins df furrs for the better Support of y College of WiUiam and Mary in Virginia. A bUl Entituled an Ad making the ffrench Refugees fettled at y Manakin town & parts adjacent a diftind parifh by themfelves, and exempting them from the payment of publick and County Levys untill the 25"' day of November 170c?. A bUl Entituled an Ad to prevent Indians hunting and ranging upon patented Lands. A biU Entituled an Ad for enlarging the power of the Sherif attending the General Court, and a bUl to prevent Ships faUing in contempt of Embargos, To w°h they defire the CouncUs concurrence. A bill Entituled an Ad concerning the granting, Seating and planting df for Settling fhe titles and bounds of Lands and for preventing unlawful f hooting & ranging thereupon, Read y6 third time with the amendm" Refolved That y6 bUl with the amendments do pafs. A bill Entituled an Ad laying an Impofition upon Skins df furrs for the better Sup port of the College of Wm df Mary in Virginia read the firft time and ordered a fecond reading A BUl Entituled an Ad making the French Refugees inhabiting at the Manakin town and parts adjacent a diftind parifh by themfelves and exempting them from the payment of publick df County Levys untill the 25th day of Decern' 1708, Read the firft time and Ordered a fecond Reading. A Bill Entituled an Ad to prevent Indians hunting and ranging upon patented Lands read the firft tune and Ordered a fecond reading. A BUl Entituled an Ad for enlarging fhe power of the Sherif attending fhe Gen" Court read the firft time and Ordered a fecond reading. A biU Entituled an Ad to prevent fhips failing in contempt of Embargoes read the firft tune and Ordered a fecond reading. And then y6 Council adjourned tiU Munday morning 8 aclock. Munday (465) Munday June 3d 1706 prefent 7N° LIGHTFOOT, Rob' Carter Efq", Ja Blair Com'", Philip Ludwell Efq' A meffage from the Burgeffes to y6 Council by M' Miles Cary and others, that the Burgeffes have paffed a bill Entituled an ad for reftraining and punifhing of Pirates and Sea Robbers, and a bill Entituled an Ad appointing a Treafurer and defire the Councils concurrence thereto. Edmund Jenings Efq' prefent A Bill Entituled an A d for fettling the dividing Lines between the Countys of Prince George, Surry, Ifle of Wight and Nanfemond on y Southfide Blackwater fwamp read the fecond time and amended and Ordered a 3d reading. A bill Entituled an Ad for Naturalizacon read the fecond time & Ordered a third reading. A bill Entituled an A d confirming the Naturalization of Jofhua Mulder df others read the 2d time and ordered a third reading. A bUl Entituled an Ad to prevent Indians hunting and ranging upon patented Lands read ye fecond time & amended & Ordered a third reading. A bill Entituled an Ad for enlarging the power of the Sherif attending y Gen" Court read y6 2d time and amended and Ordered a 3d reading A bill Entituled an Ad to prevent fhips failing in contempt of Embargos read the 2d time and ordered a third reading. A Bill Entituled an Ad making the ffrench Refugees inhabiting at y Manakin town and fhe parts adjacent a diftind parifh by themfelves, and exempting them from the payment of publick and County Levys untill the 25th day of December 1708, Read y6 fecond time and ordered a third Reading. A BiU Entituled an Ad laying an Impofition upon skins df furrs for the better Support of the College of WUliam and Mary in Virginia read the 2d time, and ordered a third reading. A biU Entituled an Ad declaring fhe negro, Mulatto, and Indian Slaves within this Dominion to be real Eftate, Read ye fecond time, and ordered a third reading. And then y6 Council adjourn'd till to morrow morning 8 aclock. Tuefday June ye 4th 1706 prefent W fDMD JENINGS, Jn" Lightfoot, Rob* Carter Efq", James Blair Com'" and hi Philip Ludwell Efq' -*¦ — ' A bill Entituled an Ad for fettling the dividing Lines between the Countys of prince George Surry Ifle of Wight and Nanfemond on ye fouth fide Blackwater fwamp read the third time with ye amendm'8 RefolvedThat y6 bill with y6 amendm'8 do pafs A bill Entd an A d to prevent Indians hunting and ranging upon patented Lands read y third time with the amendments RefolvedThat y6 bUl with ye amendments do pafs A bUl Entituled an Ad for enlarging the power of the Sherifs attending y Gen" Court Read y third time with ye amendments RefolvedThat ye bill with y6 amendm'3 do pafs. A bill Entituled an Ad declaring the Negro, Mulatto df Indian Slaves within this Dominion to be real Eftate read y6 third time with ye amendm" RefolvedThat the bill with ye amendments do pafs Ordered (466) Ordered That y6 Clerk of the General Affembly carry the faid four bills to y houfe of Burgeffes and acquaint them that y6 Council have agreed thereto with feveral amendm" to w°h they defire the concurrence of that houfe. A bUl Entd an Ad for Naturalizacon read y6 3d time & paffed w'hout amendm' A bill Entituled an Ad confirming the Naturalization of Jofhua Mulder and others read the third time and paffed without amendm' A bill Entituled an Ad to prevent Ships failing in contempt of Embargos read the third time and paffed without amendment. A bUl Entituled an Ad making the French Refugees inhabiting at the Manakin Town and parts adjacent a diftind parifh by themfelves df exempting them from the payment of publick and County Levys untill the 25"* day of Decern' 170c? read the third time and paffed without amendm' A bill Entituled an Ad laying an Impofition upon Skins & furrs for y better Support of the College of WiUiam & Mary in Virginia read the third time and paffed without amendment. OrderedThat the Clerk of the Gen" Affembly carry the faid BUls to y6 houfe of Burgeffes and acquaint them that y6 Council have paffed y6 fame without any amendm' A meffage from the Burgeffes to the Council by M' Edwards 8c others who brought back the Bills Entd an Ad for fettling y dividing Lines between the Countys of Prince George, Surry, Ifle of Wight and Nanfemond on y Southfide Blackwater fwamp, and acquainted their Hon" that y houfe had agreed to their amendm" to y6 fame and had inferted them therein And y6 fd bill being Examined Ordered, that y Clk of y6 Gen" Affembly carry y6 fame to y6 houfe of Burg8 and acquaint them that ye Council have paffed it as amended A bill Entituled an Ad for the more effedual Suppreffion of Vice and reftraint and punifhment of blafphemous wicked & diffolute perfons read y6 2d time and Committed for amendments. And then y Council adjourned till to morrow morning 7 aclock. Wednefday June the 5th 1706 prefent Jf DMUND JENINGS, John Lightfoot, Robert Carter Efq", James Blair Com17 Ay and PhUip Ludwell Efq' -* — ' The Council having taken into confideration the amendm" made by them to the Bill Entituled an Ad concerning y Church Clergy and other parochial affairs w°h have been dUagreed to by the Burgeffes. Refolved That a free Conference be defired with the Burgeffes, at one aclock this afternoon in the Conference Room on y6 Subject matter of the amendments to the Bill Entituled an Ad concerning the Church Clergy and other parochial affairs, and managers were appointed accordingly viz Edmund Jenings, Robert Carter Efq", M' Com'" Blair & Philip Ludwell Efq' Ordered That y6 Clk of the General Affembly go to y6 houfe of Burgeffes and acq' that y Council defire a free Conference with the Burg8 at one aclock this afternoon in y Con ference Room, on the Subject of the amendm" to the BUl Entituled an Ad concerning the Church Clergy and other parochial affairs, and that y6 CouncU have appointed four of their members to manage the faid Conference with fuch a number of Burgeffes as the houfe fhal think fitt. A (467) A meffage from the Burgeffes to y CouncU by M' Robert Beverley and others who brought a bUl Entituled an Ad for raifing a publick Revenue for the better Support of fhe Government of this her Matys Colony df Dominion of Virginia and for afcertaining fhe Sallary of fhe Council, and a BiU Entd an Ad continuing y act directing y6 building the Capitol and y City of WiUiamfburgh with additions to w°h they defire the CouncUs concurrence A meffage from the Burgeffes to y6 CouncU by M' Miles Cary and others that accord ing to their Hon" defire the houfe of Burgeffes agreed to the free Conference on y Sub ject matter of the amendments propofed to the Bill Entituled an Ad concerning the Church Clergy and other parochial affairs and appointed managers to meet at time and place propofed. A bill Entituled an Ad appointing a Treafurer read y6 2d time and Ordered a third reading A bUl Entituled an Ad for reftraining and punifhing pirates df Sea Robbers read y* Second tune, and ordered a third reading. And then y Council adjourned during pleafure in order to attend the free Conference WHICH being ended & The CouncU mett again M' Secretary Jenings Reported the free Conference with the Burgeffes on the Bill concerning the Church Clergy and other parochial affairs viz That the faid Conference was begun by the Managers for the CouncU who after having acquainted the Burgeffes how defirous they were of preferving a good correfpon dence with that Houfe, and more efpecially that a Bill of this confequence for the good of the Church might not prove abortive, they had defired this Conference in order to fatisfy the Burgeffes of the expediency and reafonablenefs of the amendm" propofed by them. That the firft point infifted on was the CouncUs amendments concerning y6 Election of new and Sexennial Veftrys, That the Council adhered to this amendm' becaufe they were of opinion, that the immediate dUfolution of all Veftrys, and appointing New Eledtions & fo continually every fix years (as propofed in the Bill) Would be attended with many inconveniencys and evil confequences. That it would occafion partys and ffadtions throughout all the parUhes in y Country, and lay a foundation for renewing fuch broUs and ffadtions every 6th year, when there muft be new Canvaf fing for Elections. That thefe Elections being to be made by all the ffreeholders and houfekeepers promUcuoufly, the greater part of w°h are mean people, and not always the moft confiderate, they will be like enough to carry the Election in favour of fuch as themfelves. That there are not wanting, inftances of the like proceedings, as namely in S' peters parifh in New Kent upon its being divided and a New Veftry chofen, the meaner fort of people agreed among themfelves that they would not elect any to be a Veftry man that had been a Juftice of the peace, and accordingly they did exclude aU the Juftices who had been formerly of that Veftry. That the alteracon of an eftablifhed Conftitution where y6 fame is not generally complained of, is dangerous & ye confequences cannot be forefeen That the Council think they have propofed a good Expedient in their amendm" viz that where any Veftry have been unduly chofen heretofore, or where they have raifed exorbitant Levys on y6 parifh, or combined to Levy any tobacco, and fraudulently difpofed of or mUapplyed it, upon proof made in any of thefe Cafes Such Veftrys to be dUfolved 8c a New one elected, and if the Burgeffes can think of any other Cafes where the irregularitys of a Veftry cannot be redreffed otherwUe than by dUfolution & a New Election, the Council are ready to acquiefce thereto. The Managers for the Burgeffes anfwered to this effect. That there having been Complaints of the irregular and unwarrantable actings of diverfe Veftrys and their raifing exorbitant Levys on their parifhes, there was no other way to redrefs thofe Grievances (468) Grievances and to give a General Satisfaction to y6 Country but by diffolving all y Veftrys and allowing the people to right themfelves by making a New choice, nor was there any other way to prevent Veftrys being filled with perfons allyed in kindred, but by renewing thofe Elections every 6th year. That being now upon compofing a Body of Laws for the Country, they think it is very proper for them to alter any Conftitution that hath been found inconvenient. That there is no reafon to doubt but that the people will ftill choofe the beft men in the parifh to be their Veftry men, nor that they will exclude any Veftry man who has formerly behaved himfelf as he ought, and as to the particular inftance given by the Council it was not becaufe the Gentlemen were Juftices of peace that they were excluded but becaufe they had acted to the dUfatisfadtion of the parifh when they were before in the Veftry. That the Burgeffes conceive that what is propofed by y6 Council as an Expedient will have far worfe confequences than what is propofed in ye Bill for that it is impoffible now to make appear whether a Veftry was at firft legally chofen or not. That in many cafes a Veftry may do feveral irregular Acts and yet the people be rather willing to fitt Contented under that preffure than be at y6 expence and charge of a profecution, that tho there are inftances of the irregular proceedings of Veftrys, yet no profecution has ever foUowed thereon, Nor perhaps ever will be, becaufe fuch Complaints muft be made & profecuted by private men, who will be very unwilling to be at ye expence thats neceffary in fuch Cafes, or to hazard their quiet by drawing on them the odium of fuch a considerable Body of men as a Veftry, and fo the hardfhips intended to be remedyed by this act will ftUl remain. To this the Managers for the Council Replyed that the private Complts ag' fome Veftrys, tho aUowed to be juft, can never be faid to be a fufficient ground to dUfolve thofe Veftrys where no fuch Compl" have ever been made. That the prefent Conftitu tion of the Veftrys is agreeable to y6 Laws and Cuftoms of England and of all the plan tacons where the Church of England is eftablUhed but y' woh is propofed in the Bill is unprecedented. That wherever a Conftitution is eftablifhed by Law and has continued for fo many years as this hath, the prefumption will always ftand in favour of it, and it is abundantly more fafe to continue it, than to introduce a New method of woh the confequences appear to the tranquility of the Country. That ye fingle inftance given of that unaccountable humor wherewith the Election of the Veftry of S< peters parifh was managed, is enough to fhow how far that and fuch like popular Arguments may prevail with a Mobb and unthinking multitude when managed by turbulent and defigning men. That Sexennial Elections will always give occafion of new party s and Intrigues to the conftant difturbance of the parifh, and afford opportunity for bufy men to ftir up the Common people to exclude all the men of Note & Eftates out of the Veftrys, who are certainly lefs lyable to ye Sufpition of levying exorbitant Levys on the parifh than others of meaner circumftances in as much as they pay the greateft fhare thereof in proportion to the number of their Tithables in wch moft Gentlemens Eftates confift. That there are now the beft Gentlemen of the Country in the Veftrys and the Council cannot Suppofe that y6 Burgeffes intend to turn them out to make way for the meaner fort to get into ye managem' of the parifhes. That y6 Council think it hard and not agreeable to Juftice that for the faults of a few men all the Veftrys in the Country fhould Suffer & ye Country run into lafting Confufions, when all y6 incon veniencys propofed to be remedyed by it, may be more eafily effected by what they have already propofed, and if that be not Sufficient, by taking in any other Cafes that have appeared burdenfome to ye people. That as to y6 objection that it cannot now be made appear whether Veftrys were legally elected at firft or not, It muft be taken for granted that they were unlefs the contrary be proved. And As to ye difficulty of profe cution by private men, the fame Argument may be ufed ag' all profecutions on penal Laws becaufe private men muft become Informers. The Managers for the Council infifted on their amendment for adding Cask to the Minifters Sallary as a reafonable allowance, and urged that y6 beft way to procure a good Clergy was to fettle fuch an allowance on them by Law, as may encourage good men to come hither. To (469) To this the Managers for the Burgeffes anfwered that y6 Council might as well have asked 1280" of tobacco to be added to ye Minifters faUary, wob they faw no reafon to grant the prefent SaUary being a Sufficient encouragement for any Clergy man. The Managers for the Council Replyed that as the prefent Sallary is paid the 16000 pounds of tobacco is not really above 14000 after the Deduction of 8 ^ Cent for Cask and the allowance wch the Minifter muft give (over and above what is allowed by law for having his tobacco collected and paid convenient, and while others who purchafe tobacco pay but 30" of tobacco for the cask, the Min' is obliged to pay 48. That it is but reafonable that y Sallary fhould be 16000 without any deduction, efpecially con fidering that in many parifhes the value of tobacco is fo inconfiderable, that the Sallary is fcarce Sufficient for y6 MinUters Subfiftance. To w°h the Managers for the Burgeffes rejoined that ye MinUter pays no more for Cask than is allowed by Law for other publick tobacco. That y6 Clergy never had any greater Sallary than is now allowed, and for many years not fo great. That wherever a Clergyman is frugal, he never fails of making a handfome Eftate out of his Sallary, and that they fee no reafon to augment y6 Sallary, That even in the worft of thofe parifhes where tobacco is fo mean, the MinUter is in equal circumftances with the parifh, and he can as well Subfift on his tobacco as the parifhoners can do on theirs, and that befides the Min' has the advantage of improving his Glebe and raifing Stock for the maintenance of his family. It was then propofed by the Council to add a provUo to ye Bill to enable any Veftry who had a defire to gratify a good Minifter to allow Cask with y6 Sallary but it was rejected by the Burgeffes. The Council infifted on their amendm', that U any Veftry fhal feU any Glebe they fhal be obliged to purchafe a better in ftead thereof, and faid that they believed y Burgeffes could never intend to give a Veftry power to fell or change a good Glebe for a worfe and that y6 Councils amendm' being only intended to prevent the arbitrary proceedings of Veftrys in this particular they hop'd the Burgeffes would eafily agree to it. The managers for the Burgeffes faid that it was never intended to give power to a Veftry to SeU a good Glebe and purchafe a worfe, but they thought, the words (more convenient) mentioned in the BUl was fufficient without any further addition, and that they fhould agree fo far that y Veftrys be obliged to lay out y full price of the old Glebe at leaft in y6 purchafe of a New. The Managers for the CouncU infifted on the Claufe in their amendments for the better fettlement of the Clergy, and obferved that the precarious tircumftances of the Clergy is a great dUcouragement to any one to come in hither. That the firft part of the Claufe was to prevent the ill practices of fev" Veftrys who keep their parUhes vaccant at their pleafure and take no care to procure MinUters, that by this it is provided that U y6 Veftry do not Supply the parifh with a MinUter within 2 years after its becom- ing vaccant, the Gov' may place a Min' in that parifh &c. And then provifion is made that after a Min' is once in a parifh, if he continues therein for two years without any fault or offence, he fhal not thereafter be removed (as fome formerly had been at y6 pleafure of the Veftry) without a legal Trial To this the Managers for the Burgeffes faid that before they entered upon the debate of this Claufe they muft promUe that this and y6 Subfequent Amendment con cerning the Trial of the Clergy had fuch a dependance on one another that they could not agree to y6 one without agreeing to the other, That both have a tendency to bring in, Inductions and an Ecclefiaftical Court to wch they can never give their confent. That its impoffible to be fupplyed with MinUters in fo fhort a time as two years, fince they muft come from England. That there is not any MinUter in Virginia nor ever has been but what hath been always entertained as foon as he came in, And that all the parifhes that are now vaccant would be very defirous of MinUters if they could be Supplyed with them, and that the Veftrys generally make application to the Gov' to Supply them with Minifters, when they hear there is Any in y6 Country not engaged. That (470) That y prefent Law doth fufficiently provide for Induction if the Veftry think fitt to prefent their Minifter, but there's no reafon that their Liberty of choice fhould be taken away, if they can't provide themfelves with a MinUter in two years. That there are many Minifters in the Country who continued long in their parifhes without Induction, & no inftance can be given of any good man that ever has been turn'd out purely at the pleafure of the Veftry, and that U what is propofed by the Council were granted, the Clergy would be much more precarious than ever, for no parifh would keep a MinUter above two years for fear of being obliged to induct him. That tho a Clergyman be not guilty of fwearing, Drunkennefs or y6 other offences punifhable by this act, yet he may be a man very UI qualUyed for his function, Negligent of his duty, covetous, a WhUperer a Slanderer or guUty of feveral other indecencys that may give juft offence to his parifh- oners and yet they fhal not be relieved if this Amendment of the Councils be conceded. And as for the Trial of the offences of the Clergy, the General Court is the moft proper place. To this the Managers for the Council Replyed, that tis true the Arguing of one part of this amendment will infenfibly draw into debate the other parts of this 8c the Subfequent amendm', but if all be duly confidered there's nothing in either but whats calculated for the advantage of the Country. That it is in y power of any parifh upon Suitable encouragement to procure a MinUter from England, but if they never endeavour it, it is but reafonable that there fhould be a power lodged in the Gov' to Supply fuch vaccancys ; and it is as reafonable that when a Clergyman has tranf ported himfelf and his famUy hither, & hath behaved himfelf well in his parifh he fhould be at a certainty and not left to the mercy of his Veftry to turn him and his famUy a Starving at their pleafure. That as y Cafe now ftands Veftrys may keep their parifhes vaccant as long as they pleafe, w°b is very unreafonable. That y method of Settlement of the Clergy now propofed by the Council is fuch as is moft agreeable to the prefent Circumftances of the Country, and w°b they hope her Majefty out of regard to our circumftances will be gracioufly pleafed to approve of. That by the Laws of England, ii the patron (w°h in this Country is y Veftry) doth not prefent in 6 moneths after the parifh becomes Vaccant, the Right of prefentacon jure devoluto falls to the Queen, and her Ma'"8 Gov' here may induct a Minifter into fuch parifh without y Veftrys confent, and this hath been y6 opinion of her Matys Attorney Gen" as the Burgeffes may very weU remember, that as this is a growing Country it muft be expected that many more Clergymen wUl come in hereafter, and then it will perhaps be thought neceffary that her Majefty put in practice her Right of Induction, of w°h her Ma'" can never be divefted otherwUe than by her own Conceffion by paffing a Law here for that purpofe, and if this Right fhould ever be dUputed, it muft be determined in her Majeftys favour notwithftanding any thing in this Bill as the Burgeffes have paffed it, That therefore when y6 Affembly have it in their power to obtain a more eafie way of fettling y6 Clergy than the Laws of England admitt of, and that there is great ground to hope that this may be accepted in lieu of the more Severe method of Induction upon a Lapfe, it would be very unaccount able U the Affembly fhould let flip fo farr an opportunity of fecuring to their pofterity fo confiderable a priviledge both in refpect to the time of providing a MinUter, and the experience of his Capacity and good life before his Being entirely fettled. That the Clergys holding their livings fo precarioufly heretofore has been one great reafon why this Country is fo ill Supplyed with MinUters That there are not wanting feveral inftances of Minifters being turned out at y pleafure of their Veftrys without fhowing any caufe, and tho fome have had ye good fortune to continue in their parifhes for many years, Yet while a MinUter has no Such affurance of his continuance, it muft be a great difcouragem', That if for any of the offences Specifyed by the Burgeffes (whereof fome are entirely fins of thought, & known only to God Almighty) a Clergyman muft be turned out of his parifh, the beft man alive can never be fecure, for it is morally impoffible to find men altogether free from fome of thofe faults. That as to the Trial of the Clergy, the Ecclefiaftical Jurifdidtion of the BUhop of London extending to all the plantacons, there is a power Vefted in him and by him devolved on his Com'" to try & determine aU (470 all offences of the Clergy without appeal to any Court of Judicature here, So that if a Complaint be exhibited ag' any Minifter, U either the Minifter or the Complainants find themfelves aggrieved by the Com'"8 fentence they have no way to obtain Redrefs but by appeal to y6 Bifhops Court and if not redreffed there to the Archbifhops Court. That as this manner of trial in Ecclefiaftical matters has y6 countenance of the Laws of England, and the Sanction of her Majeftys Inftructions for encourageing it here, it is not to be fuppofed that ever it will be totally given up, And it cannot but be reckoned a confiderable point yeilded that the Trial in fuch matters are now propofed to be fettled jointly in y6 Com17 & three of y6 Clergy & the County Courts (where the Laity wUl always be the Major part) & according to y6 courfe of the common Law, and that there is alfo a liberty of Appealing to the Gen" Court for the final determinacon of fuch Complts. That thereupon the Managers for the Burgeffes faid, that they could not agree to any other manner of Induction than what was propofed in the Bill, and that they had rather truft to her Maj"68 Clemency As to the putting her Right of Induction in execution than to bind themfelves by a Law of their own making. The Managers for the Council infifted on their amendment for obliging Church wardens to take an Oath and hoped the Burgeffes would allow it to be neceffary, and that it is agreeable to the conftant practice in other Cafes, that in aU offices of the like Nature, the officers are bound by Oath to the due execution thereof. That the Church wardens in fome Cafes are obliged to prefent offenders, and fo ought to be upon Oath as well as the Grand Jury, and that without fuch Oath they cannot make fuch prefer ments unlefs they were particularly impowered by the Bill fo to do. To this the Managers for the Burgeffes anfwered that there was no need of fuch an Oath, every Churchwarden being under an Oath as a Veftryman, and U the Law has allowed them to execute the Office of Churchwardens without Oath, they are aUo enabled to make prefentm" that being within their office. That if Churchwardens were obliged to prefent upon Oath, no man would undertake that Office, fince he muft be obliged to rake into the faults, and converfations of all the parifh for the whole time of his con tinuance in Office, and even the Grand Jurys are not obliged to prefent any other offences than fuch as come to their knowledge during the time of their being fuch wob is only for one Court. The Managers for the Council infifted on the laft provUo added by them to the Bill, for Saving and confirming all bargains heretofore made between any parifhes and Inducted MinUters, tho the Sallary be more than this Law allows, and Said that the Law ought not to look back nor could they believe the Burgeffes ever intended by it to put any Clergyman in a worfe condition as to his faUary than he was before. That where Veftrys have agreed with a MinUter in confideration of his Settling among them to give him fomewhat above the ordinary Sallary It was but juft that the fame aUowance fhould be continued to him, wob firft encouraged him to fettle himfelf in that parifh. To which the Managers for the Burgeffes anfwered, that they know of no fuch Agreements except one with Mr Anderfon in Weftopher parifh w°b was at firft made by the Veftry contrary to Law, and was always reckoned burdenfome to the people. And one of the Managers faid he knew of another agreement of the like nature To this the Managers for the Council Replyed that tho they do not know of any other Agreement but what the Burgeffes have mentioned, yet it is poffible there may be others. That as to M' Anderfons particular Cafe, the Agreement made with him was not againft Law as is alledged but is agreeable to the Law then in being: for by that Law a MinUter being allowed 80" $ annum to be paid in Tobacco, or other Country Com moditys or bUls of Exchange, if the common price of Aronoco tobacco be computed at Eight fhUlings a hundred, Eighty pounds *$ annum amounts juft to 20,000 pda of tobacco & no more w°h is M' Anderfons Sallary — And when y laft Law for fettling the mainte nance of the Clergy was paffed there was fo great a regard had to that and fuch other Contracts, that the Burgeffes having in the Bill afcertained the MinUters Sallary at 16000 (472) 16000 pounds of tobacco and no more, The Council ftruck out the words [and no more]* and the Burgeffes agreed to it, that it might be in the power of Veftrys to encourage and recompence good men. That M' Anderfon is a perfon of that probity that even his Enemys cannot alledge any thing againft him either in his lUe or Doctrine, and therefore the Council think it would look very unlike encouraging the Clergy U any allowance at firft given by Law and fince continued for many years purfuant to agreement fhould be now taken away from him, or any other in the like Circumftances. That y6 Managers for y° Council acqted the Burg8 that they hoped the Burg8 would agree to ye amendm" propofed & that they had left the Bill with them. A meffage from the Burgeffes to the CouncU by M' Peter Beverley and others who brought the Bill Entituled an Ad concerning y granting, Seating and planting, and for Settling the titles and bounds of lands, and for preventing unlawful fhooting & ranging thereupon, and acquainted them that y6 houfe had agreed to aU their Hon" amendments made to ye faid BiU and had inferted them therein And y6 faid bill being Examined with y6 amendm" Ordered That y Clerk of the General Affembly carry back ye faid Bill to the Burg8 and acquaint them that ye Council have paffed ye fame as amended. And then ye Council adjourn'd till to morrow morning 7 aclock. Thurfday June ye 6th 1706 prefent W fDMD JENINGS, John Lightfoot, Rob* Carter Efq", James Blair Com'" and Ay Philip Ludwell Efq' -* — ' A bUl Entituled an Ad continuing the Act directing the building the Capitol & the City of Williamfburgh with additions read the firft time, and Ordered a fecond reading. A biU Entituled an Ad appointing a Treafurer read the third time & paffed without amendm' OrderedThat y Clerk of the Gen" Affembly carry the faid BiU to the houfe of Burgeffes & acquaint them that y CouncU have paffed y fame without amendm" His Excellency prefent A meffage to his Excellency from the Burgeffes by M' Rob* Beverley and others who delivered to his ExceU0" the foUowing anfwer to his Ex0"8 meffage concerning the forti fying of places for the defence of the Trade. May it pleafe Yo' ExceUency We receive the greateft [See J. of H. of B., p. 214.] To which his ExceU0" was pleafed to anfwer that he would reprefent it with aU y intereft he had, and any thing elfe for the good of the Country. A meffage from the Burgeffes to y6 Council by M' Peter Beverley 8c others defiling a free Conference with the CouncU on y Subject matter of the laft free conference upon their amendments to ye Bill Entituled an Ad concerning y Church Clergy and other parochial affairs. Refolved That a free Conference be agreed to immediatly. and that Jn" Lightfoot Efq' be one of the Conferrees in y6 room of Philip Ludwell Efq' now abfent. OrderedThat the Clerk of the General Affembly go to the houfe of Burgeffes and acquaint them that the Council agree to the free Conference defired by that houfe on the Subject * The brackets are in the original. matter (473) matter of the laft free Conference on y amendments to the bill Entituled an Ad con cerning the Church Clergy and other parochial affairs, and appoint ye fame immediatly in the Conference Room. And y6 managers went to the Conference, and being Returned M' Sec'" Jenings Reported that the Managers for the Burgeffes had delivered the Bill Entituled an Ad concerning the Church Clergy and other parochial affairs, and acquainted them that the Burgeffes do not infift upon their dUagreeing to the 12th, 13th, 14th, 15th & 20th amendments propofed by the Council but do agree that y6 fame be made in the BiU, and that to all y6 other amendments propofed by the Council and not agreed to, the Burg8 do infift upon their dUagreeing therewith. Ordered That the faid BUl and amendm" ly upon the Table, and that y6 fd Report be con fidered in a fuller Council. A bUl Entituled an Ad for the effedual Suppreffion of Vice & reftraint and punifh ment of blafphemous wicked and diffolute perfons read ye third time with y6 amendments Refolved That the Bill with y amendments do pafs. A biU Entituled an Ad for prevention of mifunderftandings between the Tributary Indians and other her Majeftys Subjeds of this Colony df Dominion, and for a free df open trade with all Indians whatfoever, read the fecond time, and Committed for amendments. A bill Entituled an Ad for raifing a publick Revenue for the better fupport of the Government of this her Maj''"3 Colony df Dominion of Virginia and for afcertaining the Sallary of the Council read the firft time, and ordered a Second reading. And then y Council adjourned tUl to morrow morning 7 aclock. Friday June 7th 1706 prefent Wf DMUND JENINGS, Jn" Lightfoot, Benj" Harrifon, Rob' Carter Efq", James hi Blair Com17, Philip Ludwell Efqr -** — ' A Bill Entituled an Ad for prevention of mifunderftandings between the Tributary Indians and other her Majeftys Subjeds of this Colony and Dominion & for a free and open trade wifh all Indians whatfoever read y6 3d time with y6 amendments. Refolved That y6 bill with y6 amendments do pafs. Ordered That the Clerk of the General Affembly carry the faid bill to the houfe of Burgeffes, and acquaint them that y6 Council have paffed y6 fame with feveral amendments to w°h they defire y6 concurrence of that houfe. A motion being made that the BUl Entituled an Ad for reftraining and punifhing of Pirates and Sea Robbers, be read a third time. RefolvedThat y6 act of parliament made in the 1 i'h & 12th years of the Reign of his late Ma'" King William Entituled an Ad for fhe more effedual Suppreffion of piracy hath fufficiently provided for the trial of pirates in all the plantacons, And therefore Ordered That the Bill fent up from the Burgeffes for reftraining & punifhing of Pirates and Sea Robbers be dUagreed to A bill Entituled an Ad continuing the Act directing the buUding of the Capitol and the City of Williamfburgh wifh additions, read ye 2d time & Committed for amendments. A meffage from the Burgeffes to y6 Council by Mr Daniel Maccarty 8c others who brought the foUowing bills viz a bill Entituled an Ad for fecurity and defence of the Country in times of danger. A bill Entituled an Ad for removing Criminals from the Gaols of fhe Countys where they fhal be apprehended to the publick Gaol at Wmfburgh, and (474) a bill Entd an Ad to explain part of an Ad of this prefent Seffion of Affembly Entituled an Adt directing the manner of Levying executions and for relief of poor prifoners for debt, to w°b they defire the concurrence of the CouncU. And the faid three Bills were read the firft time and ordered a 2d Reading. A meffage from the Burgeffes to the Council by M' Miles Cary and others who brought the Book of Claims together with an order for the payment of feveral allowances in money paffed by the houfe to wcb they defire the Councils concurrence. Refolved That a free Conference be defired with the Burgeffes to morrow morning at io aclock on y6 Subject matter of the amendments to the Bill Entituled an Ad for fettling the Militia OrderedThat the Clerk of the General Affembly go to the houfe of Burgeffes, & acquaint them that the Council defire a free Conference with them to morrow morning at io aclock in the Conference room on ye Subject matter of their amendments to the BUl Entd an Ad for fettling the Militia, and have appointed three of their members to manage the fd Conference with fuch a number of Burgeffes as that houfe fhal think fitt. A meffage to the Council from the Burg8 by M' Rob' Beverley 8c others that the Houfe agreed to the Conferrence defired by their Hon" on y Subject matter of the amendments to the bUl Entd an Ad for fettling the Militia, and that their Managers wiU be ready at time and place appointed And then y6 CouncU adjourn'd tUl to morrow morning 8 aclock. Saturday June 8th 1706 prefent WfDMD JENINGS, John Lightfoot, Benj" Harrifon, Rob' Carter Efq", James M~i Blair Com17, Philip Ludwell Efq' -** — ' Ordered That Edmund Jenings, John Lightfoot, and Philip Ludwell Efq" be appointed Managers of the Conference with the Burgeffes on y6 amendments to the Bill Entituled an Ad for Settling the Militia A meffage from the Burgeffes to the CouncU by M' Robert Beverley and others who brought feveral Refolves to woh they defire the CouncUs concurrence. And the faid Refolves were Read & agreed to & are as foUows Refolved That the Queens Arms be painted upon the ffront of the Cupulo of y6 Capitol. Refolved That the Queens Arms be painted in y6 fame place where Coll° Nicholfons arms are now painted. Ordered That M' Henry Cary take care that the Queens arms be painted on the Cupulo according to the Refolves of this Houfe. Jn" Lightfoot Efq' abfent M' Sec'" Jenings from the free Conference with the Burgeffes on the amendments to the Bill Entituled an Ad for fettling the Militia Reported that they had mett the Burgeffes and acquainted with their reafons for infifting on their amendments to the faid bill and had left the biU with them. A bUl Entituled an Ad for raifing a publick Revenue for the better Support of the Government of this her Majeftys Colony df Dominion of Virginia and for afcertaining y Sallary of the Council read ye fecond time and Committed for amendments. A meffage from the Council to the Burgeffes by M' Robert Beverley 8c others that the houfe defire a free Conference with y Council on y Subject matter of the laft free Conference on the amendm" to y6 bUl Entituled an Ad for Settling y Militia. OrderedThat the Clerk of the General Affembly go to y6 houfe of Burgeffes and acquaint them that the Council agree to the free Conference defired by the houfe on y Subjedt matter (475) matter of the laft free Conference on y amendments to y bUl Entd an A d for fettling y Militia and appoint y fame on Munday next at two aclock in y6 afternoon. A bUl Entituled an Ad for fecurity and defence of the Country in times of danger read the Second tune and Committed for amendments. A BUl Entituled an Ad to explain part of an Ad of this prefent Seffion of Affembly Entituled an act directing the manner of Levying Executions and for relief of poor prifoners for debt read y6 fecond tune and ordered a third reading A bUl Entituled an Ad for removing Criminals from the Gaols of the Countys where they fhal be apprehended to the publick Gaol at WUUamfburgh read y fecond time, and ordered a third reading And then y6 CouncU adjourn'd tUl Munday morning io aclock Munday June 10th 1706 prefent T~^DMD JENINGS, Dudley Digges, Benj' Harrifon, Rob' Carter Efq", M' Com17 Ay Blair, Philip Ludwell Efq' -** — ' A biU Entituled an Ad for removing Criminals from fhe Gaols of the Countys where they fhal be apprehended to fhe publick Gaol at Williamfburgh read the 3 d tune and paffed without amendment. A bUl Entituled an Ad to explain part of an Ad of this prefent Seffion of Affembly Entituled an Act directing the manner of Levying Executions and for relief of poor prifoners for debt read y6 third time and paffed without amendm' Ordered That the Clerk of the General Affembly carry the faid Bills to y houfe of Burgeffes and acquaint them that y6 CouncU have paffed y6 fame without amendment. A meffage from the houfe of Burgeffes to the CouncU by M' Rob' Beverley and others who brought the following Bills viz a bUl Entituled an Ad for eftablifhing ports and Towns. A biU Entd an Ad for repealing an Ad of Affembly begun at James City June 8th 1680 Entituled an Act of free & General pardon, Indemnity and oblivion, and an Ad for continuing Gen" Affemblys in cafe of fhe death or Demife of her Majefty her heirs or Suc ceffors, and for making valid all ads of the Governor and Council and all Judgements and proceedings at Law wch fhal happen between the death of any King or Queen of England, and the Notification thereof in this Country, to wch they defire the Councils concurrence. Jn" Lightfoot Efq' prefent And the faid three bills were read yc firft time, and ordered a fecond reading. A meffage from the Burgeffes to the Council by M' Peter Beverley and others who brought the BiU Entituled an Ad for the effedual Suppreffion of Vice, and reftraint and punifhment of blafphemous wicked df diffolute perfons, and acquainted the Council that the Burgeffes had agreed to part of their Hon" amendments, and to part they could not agree, and defire the Council to pafs y6 bill as y6 Burgeffes have agreed to it. And aUo brought the bUl Entituled an Ad for prevention of mifunderftandings between the Tributary Indians and other her Matys Subjeds of this Colony and Dominion, and for a free and open trade with all Indians whatfoever, and acquainted the Council that the Burgeffes had agreed to all their Hon" amendments with fome amendments of their own, to wch they defire the Councils concurrence. M' Sec'" Jenings from the free Conference with the Burgeffes on y6 Subject matter of the laft free Conference upon their amendments to the bill Entituled an Ad for fettling the MUitia, Reported that they had mett y6 Managers for the Burgeffes who acquainted them that the Burgeffes infifted on their difagreeing to y6 amendm' propofed 2d fheet ift page 12th line; to y6 other amendm' propofed in the 14th line. That they infifted on their amendment to y6 Councils amendm' propofed to be added to the 15"1 line of y fame page, and defire the Council would agree thereto, or that they would propofe fuch further amendm" as they think Reafonable. That they did not infift on their difagreeing to (476) to y6 amendment propofed by the Council 2d fheet 2d page 2d line. That they infifted on their difagreeing to ye amendm' propofed to be added in the 4th fheet 1" page, at y end of y io'h Line, but forafmuch as in the laft free Conference the Managers for the Council did acquaint ye Managers for ye Burgeffes that ye fd Amendm' was only propofed by them to make the foregoing paragraph of the Bill more Suitable, therefore the Burgeffes defire that ye Council will propofe fuch amendment to ye fd paragraph as they think reafonable. Upon the Report of the free Conference with the Burgeffes upon the Subject matter of the laft free Conference on the amendments to the Bill Entituled an Ad for Settling the Militia, the Council proceeded to the confideration thereof and the firft and 2d amendm" propofed by the Council and dUagreed unto by the Burgeffes in ye 2d fheet, ift page 12"1 line, and ye other amendment in the 14th line of y6 fame page being read, The Council agree not to infift on ye fd amendments. The amendment made by the Burgeffes to y amendment propofed by ye Council to be added to ye end of y6 1 5th line of y6 fame page, being read, The Council agree thereto, with this amendment viz that inftead of the words [fhal be] in ye 2d line of the Burgeffes amendment, the word [are] be inferted, and that after the word [fuitable] to y6 end of that amendment be ftruck out, and inftead thereof the words [for Gentlemen] be inferted. The laft amendment propofed by the Council, and difagreed to by the Burgeffes in the 4"1 Sheet, ift page, at y6 end of the io'h line, being read, The Council do not infift on ye fd amendment, but inftead thereof propofe that y6 following amendment be made viz after ye word [fined] in y6 fame 10th line, Strike out to y6 end of that line, and in ftead thereof infert thefe words [ten pounds current money or Suffer three moneths imprifon- ment without Bail or Mainprize]* OrderedThat the above Refolutions and amendments be delivered to the Burgeffes at a free Conference. The Burgeffes amendm" upon the Councils amendments to ye BUl Entituled an A d for prevention of mifunderftandings between the Tributary Indians and other her Majeftys Subjeds of this Colony and Dominion, and for a free df open trade with all Indians what foever being read, were feverally agreed to, and OrderedThat ye Clk of y6 Gen" Affembly carry ye fd bUl to ye houfe of Burgeffes and acquaint them of ye Councils agreement to the amendm" propofed by them. The amendm" propofed by the CouncU to the Bill Entituled an Ad for y effedual Suppreffion of vice and reftraint and punifhment of blafphemous wicked and diffolute perfons, to w°h the Burgeffes have dUagreed being read, and feverally confidered, Refolved That the Council do not infift on fo much of their amendm" to y6 faid bill as are difagreed unto by the Burgeffes. and OrderedThat y6 Clerk of the General Affembly carry the faid bill and amendm" to ye houfe of Burgeffes and acquaint them that y6 CouncU do not infift on y6 fd Amendm" A bill Entituled an Ad for fhe fecurity and defence of fhe Country in times of danger Read the third time with y6 amendments Refolved That the Bill with y6 amendments do pafs. A BUl Entituled an Ad continuing fhe Act directing the building the Capitol and the City of Williamfburgh read the third time with y6 amendments Refolved That the Bill with the amendments do pafs. OrderedThat the Clerk of the General Affembly carry the fd two biUs to the Houfe of Burgeffes and acquaint them that ye Council have paffed y6 fame with feveral amend ments to wch they defire the concurrence of that houfe. And then y6 Council adjourned till to morrow morning 8 aclock. * The brackets in this and in the preceding paragraph are, of courfe, in the original. Tuefday (477 ) Tuefday June 11th 1706 Prefent Tf DMUND JENINGS, Jn" Lightfoot, Dudley Diggs, Robert Carter Efq" & M' Ay Com'" Blair ~ - A Bill Entituled an Ad for fhe continuing of General Affemblys in cafe of fhe death or Demife of her Majefty her heirs or Succeffors, df for making valid all ads of fhe Governor and Council, and all Judgements and proceedings at Law, wch fhal happen between the death of any King or Queen of England and y Notification thereof in this Country, Read y6 fecond time & ordered a 3d reading. PhUip Ludwell and Henry Duke Efq" prefent A BUl Entituled an Ad for eftablifhing y County Courts for regulating df fettling the proceedings therein, and direding fhe manner of granting probates of Wills df adminiftrations of Inteftates Eftates read ye 2d time, and Committed for amendm" to Robert Carter Efq' and M' Com'" Blair. OrderedThat y6 Clerk of the Gen" Affembly go to the houfe of Burgeffes & defire an imme diate free Conference with them on y6 Subject matter of y6 laft free Conference in relation to the amendm" to y6 bUl Entd an Ad for fettling fhe Militia. A meffage from the Burgeffes to the Council by M' Rob* Beverley & others that y6 houfe agreed to an immediate free Conference on y6 Subject matter of y6 laft free Con ference in relation to ye bill Entituled an Ad concerning y Militia, and that their Man agers would be ready accordingly. A Bill Entituled an Ad for eftablifhing ports and Towns read the fecond time, and Committed for amendments And then y6 Council adjourned till to morrow morning 8 aclock. Wednefday June 12th 1706 prefent HIS ExceUency, Edmund Jenings, John Lightfoot, Dudley Diggs, Robert Carter Efqs, M' Com'" Blair 8c PhUip Ludwell Efq' A meffage to his ExceUency from the houfe of Burgeffes by M' Peter Beverley and others who brought the foUowing Addrefs To his Excellency Edward Nott Efq' her Maj'"3 Liev' and Governor General of Virginia May it pleafe Yo' Excellcy We her Majeftys dutUul . . . [See J. of H. of B., pp. 220-221.] A meffage to the Council by M' Robert Beverley and others who brought the BUl Entituled an Ad for the effedual Suppreffion of Vice df reftraint and punifhment of blafphemous wicked and diffolute perfons, and the bUl for prevention of mUunderftandings between the Tributary Indians and other her Matys Subjedts of this Dominion, and for a free & open trade with all Indians whatfoever, and acquainted the Council that the Burgeffes had inferted therein y6 amendm" agreed upon by their Hon" and that Houfe. That the Burgeffes had inferted ye amend" propofed to the BiU Entituled an Ad for fettling y Militia, and that they had agreed to y6 amendm" propofed by their Hon" to y6 bill Entd an Ad for y fecurity and defence ofthe Country in times of danger, and to y6 bill Entd an Ad continuing y Ad direding the building the Capitol and fhe City of Wmfburgh with additions & had inferted them therein. And the faid Bills with the amendments being Examined OrderedThat the Clerk of the Gen" Affembly Return y6 fame to the houfe of Burgeffes and acquaint them that ye Council have paffed them as amended. A meffage from the Burgeffes to the CouncU by M' Peter Beverley 8c others who brought the foUowing BiUs Viz a bUl Entituled an Ad direding the building a houfe for the Governor of this Colony and Dominion, a bUl Entitd an Ad for confirming titles to Town (478) Town lands, and a bill Entituled an Ad for the diftribution of Inteftates Eftates, declaring widows rights to their dec* hufbands Eftates, and for fecuring Orphans Eftates to w°h they defire the concurrence of y6 Council. A Bill Entituled An Ad for eftablifhing ports and Towns read y6 thud time with the amendm" RefolvedThat the biU with the amendments do pafs. OrderedThat the Clerk of the Gen" Affembly carry the faid Bill to the houfe of Burgeffes, and acquaint them that y6 Council have paffed ye fame with feveral amendm" to w°h they defire the concurrence of that houfe. A bill Entituled an Ad for confirming titles to Town lands, read y6 firft tune and Ordered a Second reading. A biU Entituled an Ad direding fhe buUding of a houfe for the Governor of this Colony & Dominion read the firft time, and ordered a fecond reading. And then y Council adjourned till to morrow morning 8 aclock. Thurfday June 13th 1706 prefent J~^DMD JENINGS, Jn' Lightfoot, Dudley Digges Efq", James Blair Com17, Ay Philip Ludwell 8c Henry Duke Efq" •W — 4 A bUl Entituled an Ad for fhe diftribution of Inteftates Eftates declaring widows rights to their deceafed hufbands Eftates and for fecuring Orphans Eftates read the firft tune and ordered a fecond reading. Robert Carter Efq' prefent A BUl Entituled an ad for the continuing of Gen" Affemblys in cafe of the death or Demife of her Majefty her heirs or Succeffors and for making valid all ads of the Governor and Council df all Judgements and proceedings at Law, wch fhal happen between the death of any King or Queen of England and fhe notification thereof in this Country Read y 3d time and paft without amendment. OrderedThat the Clerk of the General Affembly carry the faid biU to the Burgeffes and acquaint them that y Council have paffed y fame without amendment. A meffage to the Council by M' Robert Beverley and others who brought the BUl Entituled an Ad for eftablifhing ports and Towns, and acquainted y6 CouncU that the Burgeffes had agreed to all their Hon" amendm" to y6 faid bUl and had inferted them accordingly. And ye faid BiU being Examd Ordered That the Clerk of the Gen" Affembly carry y6 fame to y houfe of Burg8 and acquaint them that the CouncU have paffed yc fame as amended. The amendments to the Bill Entituled an Ad for eftablifhing fhe County Courts, for regulating df fettling the proceedings therein and direding y manner of granting probates of Wills and Adminiftrations of Inteftates Eftates, being reported were read, and feveral alterations being made therein. Ordered The Bill be read a third time with ye amendm" tomorrow And then the Council adjourn'd tiU to morrow morning 8 aclock. Friday (479) Friday June ye 14th 1706 prefent /OHN LIGHTFOOT, Dudley Diggs, Robert Carter Efq", James Blair Com17, Philip Ludwell 8c Henry Duke Efq" A bill Entituled an Ad for confirming titles to Town Lands read y fecond time and Ordered a third reading Edm* Jenings Efq' prefent A bUl Entituled an Ad direding the building a houfe for the Governor of this Dominion read the fecond time and amended, and ordered a third reading. A bill Entituled an Ad for eftablifhing the County Courts, for regulating and fettling the proceedings therein, and direding the manner of granting probates of Wills and admin iftrations of Inteftates Eftates Read y6 third time with y amendments, Refolved That y bUl with y6 amendments do pafs. OrderedThat the Clerk of the Gen" Affembly carry the faid bill to the houfe of Burg' and acquaint them that y CouncU have paffed y6 fame with fev" amendm" to w°h they defire the concurrence of that houfe. A meffage from the Burgeffes to y CouncU by M' Geddes and others who bro' a bUl Entituled an Ad for preventing frauds in the Cuftoms & in clearing of fhips, for afcer taining Colledors and Naval Officers fees, and to prohibite and prevent the cafting of ballaft and dead bodys into Rivers and Creeks to wob they defire the concurrence of the CouncU. And the faid biU was read the firft time and Ordered a Second reading. A bUl Entituled an Ad for the diftribution of Inteftates Eftates, declaring widows rights to their deceafed hufbands Eftates & for Securing Orphans Eftates read y6 2d time and amended and Ordered a thud reading. A bUl Entituled an Ad for repealing an Ad of Affembly begun at James City June 8'h 1680 Entituled an act of free and General pardon, Indemnity & oblivion read the fecond tune and Ordered a third reading And then y Council adjourned tUl to morrow morning 8 aclock. Saturday June 15th 1706 prefent TfDMD JENINGS, Jn' Lightfoot, Rob' Carter Efq", James Blair Com17, Philip W~i Ludwell 8c Henry Duke Efq" -** — ' A bUl Entituled an Ad direding fhe building a houfe for fhe Governor of this Colony and Dominion Read ye 3 d time with ye amendments. RefolvedThat y bill with y amendments do pafs A bill Entituled an Ad for y diftribution of Inteftates Eftates, declaring widows Rights to their deceas'd hufbands Eftates df for fecuring Orphans Eftates read y6 3d time with y amendments. RefolvedThat y bill with y amendments do pafs. A bill Entituled an Ad for raifing a publick Revenue for y better Support of the Gov ernm' of this her Maj"'3 Colony and Dominion of Virginia df for afcertaining y Sallary of fhe Council read y 3 d time with y amendm" Refolved That y bUl with y6 amendments do pafs. Ordered That the Clerk of the Gen11 Affembly carry the faid biUs to y6 houfe of Burgeffes, and acquaint them that y Council have made fev" amendm" thereto, to woh they defire the concurrence of that houfe. A (48o) A bUl Entituled an Ad confirming titles to Town lands read ye 3d time & paffed without amendment. A bill Entituled an Ad repealing an Ad of Affembly begun at James City June 8,h 1680 Entituled an Adt of free and General pardon, indemnity and oblivion Read y6 3d time and paffed without amendment. Ordered That ye Clerk of the Gen" Affembly carry the faid BiU to y6 houfe of Burgeffes and acquaint them that y6 Council have paffed the fame without any amendment. Upon confideration of the Report of the laft free Conference with y Burgeffes on the amendments to y6 Bill Entituled an Ad concerning the Church Clergy and other parochial affairs. Refolved That a free Conference be defired with the Burgeffes on Munday next on y6 Subject matter of the laft free Conference concerning y6 amendm'8 to y6 fd bill. A Bill Entituled an Ad for preventing frauds in fhe Cuftoms df in clearing of fhips, for afcertaining Colledors df Naval officers fees, and to prohibite df prevent the Cafting of ballaft df dead bodys into Rivers and Creeks read y6 Second time and Committed for amendments And then y6 CouncU adjourned till Munday morning 8 aclock Munday June ye 17th 1706 prefent JT\ENJA HARRISON, Robert Carter Efq", M' Com'" Blair, Philip Ludwell & f-£ Henry Duke Efq" W J A meffage from the Burgeffes to the Council by Mr Peter Beverley and others that the houfe had agreed to all their Hon" amendm" to the bill Entituled an Ad direding the building a houfe for the Governor of this Colony and Dominion, and had inferted them therein. That ye Burgeffes had alfo agreed to part of their Hon" amend ments to the bill Entituled an Ad for raifing a publick Revenue for the better Support of the Government of this her Matys Colony and Dominion of Virginia, and for afcertaining the Sallary of the CouncU, and to part they could not agree, and defire the CouncU to pafs the bill as they had agreed to it. And that the Burgeffes had agreed to part of their Hon" amendments to the Bill Entituled an Ad for the diftribution of Inteftates Eftates, declaring widows rights to their dec* hufbands Eftates, and for fecuring Orphans Eftates with an amendm' of their own, and to other part they could not agree, and defire their Hon" to pafs the bill as they had agreed to it. Edm* Jenings and Dudley Diggs Efq" prefent A meffage from the Burgeffes to y6 Council by M' Miles Cary and others who brought a bill Entituled an Ad for the regulation and Settlement of ferrys and for difpatch of publick Expreffes paffed by the Burgeffes to wch they defire their Hon" concurrence. On confideration of the amendments made by the Council to the BiU Entituled an Ad for raifing a publick Revenue for the better Support of the Government of this her Matys Colony and Dominion of Virginia, and for afcertaining fhe Sallary of fhe Council. Refolved That the Council do not infift on fo much of their amendments to y6 fd bill as are difagreed to by the houfe. The amendm" propofed by the Council and difagreed to by the Burgeffes in the bill Entd an Ad for fhe diftribution of Inteftates Eftates, declaring widows rights to their deceafed hufbands Eftates and for fecuring Orphans Eftates Refolved That the Council do not infift on fo much of their amendm" to y6 faid bUl as the houfe of Burgeffes have difagreed to, And agree to the amendm' propofed by the houfe upon their amendm" to the fd bill. Ordered (48i) Ordered That the Clerk of the Gen" Affembly carry y6 fd bills to y6 houfe of Burgeffes and acquaint them of the Councils agreeing to y6 fd bUls as y' houfe have propofed. A bUl Entituled an Ad for preventing frauds in fhe Cuftoms, and in clearing of Ships, for afcertaining Colledors and Naval Officers fees, and to prohibite df prevent the cafting of ballaft df dead bodys into Rivers and Creeks read y6 3 d time with the amendm" Refolved That the bill with the amendments do pafs. Ordered That the Clerk of the General Affembly carry the faid bill to the houfe of Burgeffes and defire their concurrence to the amendm" made by the Council to the faid BUl. A bill Entituled an Ad for the regulation and Settlement of ferrys and difpatch of publick Expreffes read the firft time, and ordered a Second reading. The CouncU having taken into confideration the amendm" to ye bill concerning the Church Clergy and other parochial affairs, proceeded to y6 debate of fuch of ye faid amendments as are proper to be infifted on at ye free Conference with y Burgeffes, and The 2ift amendment being read, The CouncU do recede from the firft and third paragraphs of the faid amendment, and agree that ye 2d paragraph be altered thus, That a parifh being once Supplyed with a MinUter if he fhal continue for the Space of three years to behave himfeU well in his office he fhal not thereafter be removed without a legal trial. The 2 5th amendment being read, the CouncU agree that this amendm' be propofed as follows viz that the Trial of a Clergyman be either as y6 amendment prefcribes, or by the Com17 & fome of the Clergy, or by ye Com'" alone. And as to all the other amendments dUagreed unto by the Burgeffes, The Council are fo defirous that this BUl fhould pafs, that they wiU not further infift on any of y6 fd amendments. A meffage to the Council from the Burgeffes by M' Miles Cary 8c others who acquainted the CouncU that the houfe agreed to the free Conference defired by their Hon'8 on y6 bUl Entituled an Ad concerning y Church Clergy and other parochial affairs, and had appointed Managers to meet at time & place propofed. A meffage to y6 CouncU from the Burgeffes by M' Robert Beverley and others who brought the bill Entituled an Ad for raifing a publick Revenue for fhe better Support of fhe Government of this her Maj'ies Colony df Dominion of Virginia, and for afcertaining the Sallary of y Council, and the bill Entituled an Ad for the diftribution of Inteftates Eftates, Declaring Widows rights to their deceafed hufbands Eftates and for fecuring Orphans Eftates and acquainted the Council that ye houfe had inferted the amendm" agreed upon in the faid Bills. And the faid Bills being Examined Ordered That ye Clk of the Gen" Affembly return y6 fd BUls to y6 houfe of Burgeffes and acquaint them that y Council have paffed y fame as amended. The Book of publick Claims was read over, and fome amendm" made thereto, and the further confideration thereof Referred tUl to morrow morning A meffage from the Burgeffes to the Council by M' Nathaniel Harrifon 8c others who brought the Bill Entituled an Ad for preventing frauds in y Cuftoms & in clearing of Ships, df for afcertaining fhe Colledors df Naval Officers fees, and to prohibite df prevent the cafting of ballaft and dead bodys into Rivers and Creeks, and acquainted y6 Council that the houfe had agreed to all their Hon" amendments with fome amendm" of their own to w°h they defire the concurrence of the Council. And y6 fd amendments of the Burgeffes to y6 CouncUs amendm" being read were agreed to, and OrderedThat the Clerk of the General Affembly return y6 fd bUl to the houfe of Burgeffes and acquaint them that the Council agree to the amendm" propofed by that houfe upon theu* amendm" to y fd BUl. And then y Council adjourned tiU to morrow morning 8 aclock. Tuefday (482) Tuefday June ye 18th 1706 prefent Tf DMUND JENINGS, Dudley Digges, Benj' Harrifon, Rob' Carter Efq", M' Ay Com17 Blair, Philip Ludwell and Henry Duke Efq" -* — ' A BUl Entituled an Ad for the regulation and Settlement of fferrys and difpatch of publick Expreffes Read the fecond time and amended, and Ordered That y Bill with the amendments be read a third time. A meffage from the Burgeffes to the CouncU by M' Robert Beverley and others who brought a bill Entituled an Ad prefcribing the method of appointing County Court Clerks and for afcertaining the ffees of the Secretary, County Court Clerks Sherifs df Conftables, to w°h they defire the Councils concurrence. And y6 faid BUl was read the firft time, and Ordered a fecond reading. The Book of publick Claims being farther read and confidered and another amend ment made thereto, OrderedThat the Clerk of the General Affembly carry the book of Claims to y6 houfe of Burgeffes, and acquaint them that y6 Council have made Several amendm" and additions thereto, to woh they defire the concurrence of that houfe OrderedThat y6 Clerk of y Gen" Affembly carry the following meffage to the houfe of Burgeffes, viz The Council taking into confideration that y6 Joint Committee of Council and Burgeffes appointed laft meeting of y6 Affembly in relation to y Capitol by reafon of ye adjournm' w°h fpeedily enfued had not time to give fo full directions therein as was neceffary, Do now propofe that y6 fd Committee be revived, that fo every thing neceffary for the finUhing ye Capitol may be fully agreed on before the termination of this Seffion And then y Council adjourned till to morrow morning 8 aclock. Wednefday June ye 19th 1706 prefent Tf DMUND JENINGS, Dudley Digges, Benj' Harrifon, Robert Carter Efq", Ay M' Com'" Blair, Philip Ludwell and Henry Duke Efq" -* — ' A meffage to the Council from the Burgeffes by M' peter Beverley and others who brought the Bill Entituled an Ad for eftablifhing fhe County Courts and for regulating and Settling fhe proceedings therein, direding fhe manner of granting probates of Wills and adminiftrations of Inteftates Eftates, and acquainted the CouncU that the houfe had agreed to part of their amendm", & to other part they could not agree, and that they had agreed to fome other amendments with amendm" of their own, and defire the Council not to infift on y6 amendments fo difagreed to, and to give their concurrence to the Houfes amendm" on their Hon" amendments. And y6 faid bill and amendments being confidered Refolved That the CouncU do not infift on fo much of their amendments as the Burgeffes have dUagreed unto. And that the amendments propofed by the Burgeffes be agreed to, and Ordered, that the Clerk of y Gen" Affembly return y6 fd bill to y6 houfe of Burgeffes, and acquaint them that y6 Council have agreed to y6 fame as propofed. A bill Entituled an Ad for the regulation and Settlement of ferrys and for difpatch of publick Expreffes read y third time with y6 amendments Refolved That ye bUl with the amendments do pafs. Ordered That the Clk of y Gen" Affembly carry y6 fd bill to y houfe of Burgeffes and acquaint them that y Council have agreed thereto with fome amendments to w°h they defire the concurrence of that Houfe. A (483) A Meffage from the Burgeffes to y6 Council by M' Miles Cary and others who brought the BUl Entituled an Ad concerning the Church Clergy and other parochial affairs, and acquainted their Hon" that the houfe dUagreed to all the amendments propofed by the CouncU to the fd bUl at y6 free Conference, and adhered to their former dUagreem' to the CouncUs amendm" And aUo brought the Book of Claimes and acquainted the Council that on confider ation of the additions and amendments propofed thereto by their Hon" the houfe had agreed to part and to part had difagreed. A biU Entituled an Ad prefcribing y method of appointing County Court Clerks and for afcertaining the fees of the Secry, County Court Clerks, Sherifs & Conftables read y 2d time and Committed for amendments. The Book of Claims & amendm" thereto being confidered RefolvedThat the CouncU do not infift on fo much of their amendm" & additions thereto as are dUagreed unto by y houfe of Burgeffes. and OrderedThat the Clerk of the Gen" Affembly carry the Book of Claims to y houfe of Bur geffes, and acquaint that y Council do not infift on y amend" fo dUagreed to. A meffage to y CouncU from y Burg8 by M' Miles Cary 8c others who brought the Book of Claims and acquainted them that y houfe had made y6 amendm" propofed therein. And y faid Book being Examined OrderedThat the Clerk of the Gen" Affembly carry back ye faid Book to the houfe of Bur geffes and acquaint them that the Council have paffed y6 fame as amended. The order of the houfe of Burgeffes for paying the money allowances contained in the book of Claims being read was agreed to by the Council, and is as follows OrderedThat the aUowances made in money w°h are contained in y book of publick Claims, be paid out of the publick moneys in M' Treafurer Beverleys hands unto the feveral perfons to whom ye fame are made refpedtively. And then y CouncU adjourned till to morrow morning 8 aclock. Thurfday June the 20th 1706 prefent T~^ DMUND JENINGS, Benj" Harrifon, Robert Carter Efq", M' Com17 Blair, hi Philip Ludwell 8c Henry Duke Efq" -** — ' The amendments made by the CouncU to y bUl Entituled an Ad concern ing the Church Clergy and other parochial affairs. And aUo the amendm" pro pofed at the laft free Conference to be inferted in place of other of y6 fd amendm" being confidered and debated. RefolvedThat y CouncU do adhere to their faid amendm" to that BUl. A biU Entituled an Ad prefcribing the method of appointing County Court Clerks, and for afcertaining the fees of the Secry, County Court Clerks, Sherifs & Conftables read y third time with y amendments. RefolvedThat the bUl with y amendments do pafs OrderedThat y6 Clerk of the Gen" Affembly carry the faid BiU to the houfe of Burgeffes, and acquaint them that the CouncU have paffed y fame with feveral amendments to w°h they defire the concurrence of that houfe. A meffage from the Houfe of Burgeffes to the Council by Mr Nathaniel Harrifon 8c others who brought the bUl Entituled an A d prefcribing the method of appointing County (484) County Court Clerks and afcertaining y fees of the Sec'y, County Court Clerks, Sherifs and Conftables, and acquainted the CouncU that the Burgeffes had agreed to their Hon" firft amendment with an amendment to w°h they defire their Hon" concurrence, that to fome others they had agreed & to others they could not agree, and therefore defire y Council to pafs ye bUl without thofe amendments OrderedThat the Clerk of the General Affembly go to the houfe of Burgeffes and acquaint them that the Council defire a free Conference with that houfe on y fubject matter of ye amendments to y6 bill prefcribing the method of appointing County Court Clerks, and afcertaining the fees of the Secretary County Court Clerks Sherifs and Conftables, and that they have appointed three of their members to manage that Conference with fuch a number of Burgeffes as the houfe fhal think fitt, and that y6 fd Managers wUl be ready to meet thofe appointed by the Burgeffes to morrow morning at 9 aclock in the Conference Room. A meffage to the Council from the houfe of Burgeffes by M' Nath" Harrifon and others who brought the book of proportions of the publick Levy, & defired the CouncUs concurrence thereto. And alfo acquainted the CouncU that the houfe agreed to the free Conference defired by their Hon" on the Subject matter of their amendments to the Bill Entituled an Ad prefcribing the method of appointing County Court Clerks and for afcertaining the Sallary of the Secretary, County Court Clerks, Sherifs & Conftables, and had appointed managers to meet at time and place propofed. OrderedThat Benj" Harrifon, Robert Carter and Henry Duke Efq" be appointed managers at y6 faid Conference. And then y Council adjourned till to morrow morning 8 aclock. Friday June 2 ift 1 706 prefent Tf DMUND JENINGS, Benj" Harrifon, Rob' Carter Efq", J a Blair Com'", Philip f~i Ludwell 8c Henry Duke Efq" -* — ' A meffage to the Council from the Burgeffes by M' Miles Cary and others who brought a bill Entituled an Ad for raifing a publick Levy, to wcb they defire the Councils concurrence. And y6 fd bill was read y6 firft time and ordered a fecond reading. The Book of proportions of the publick Levy was read & Agreed to, and Ordered, that the Clerk of the Gen" Affembly carry y6 fame back to the houfe of Burgeffes And then ye Council adjourned during pleafure. THE Council being mett again A meffage was brought from the Burgeffes to y Council by M' Robert Beverley and others, that the houfe defired a free Conference with the Council on y6 Subject matter of the laft free Conference on the Amendments to the BUl Entituled an Ad prefcribing the method of appointing County Court Clerks df for afcertaining the fees of y Secretary County Court Clerks, Sherifs and Conftables. OrderedThat the Clerk of the Gen" Affembly go to the houfe of Burgeffes and acquaint them that y Council agree to the free Conference defired by the houfe on the Subject matter of the laft free Conference, and appoint y6 fame at 6 aclock this afternoon. A (485) A BUl Entituled an Ad for raifing a publick Levy read y fecond tune and Ordered a 3d reading And then y managers went to the Conference with y Burgeffes and being Returnd Robert Carter Efq' Reported that they had mett the Burgeffes at the free Conference on y Subject matter of the amendm" to y bUl Ent an Ad prefcribing fhe method of appointing County Court Clerks df for afcertaining y Sallary of y Secretary County Court Clerks, Sherifs and Conftables, and that the Burgeffes infifted on their dUagreeing to the 9th & io'h amendments propofed by the CouncU to y fd bill, and had left y6 bUl with them. Upon confideration of w°h Report RefolvedThat y CouncU do adhere to their amendments to ye fd biU. A meffage from the Burgeffes to y Council by M' Miles Cary 8c others who brought feveral Orders of the houfe relating to the Capitol, to w°b they defire the CouncUs con currence, w°h Orders are as foUows OrderedThat M' Henry Cary do convey and make over unto Coll° Nicholfon the Country houfes in the City of Williamfburgh according to y ordinance of Affembly Ordered That aU the Materials and Utenfils belonging to the Capitol which are now in the hands of the faid Henry Cary 8c neceffary for y6 Carrying on the building of the Governors houfe be appropriated to that ufe, and that all y6 other Materials in his hands belonging to y6 Capitol be fold. OrderedThat y Sum of one hundred & five pounds due from y faid Henry Cary to the Coun try for the three Negros fold him and all y6 money arifing upon the Sales of the houfes and materials aforefaid be appropriated to ye carrying on y6 Gov'8 houfe, and that he give account thereof to y6 next Affembly. Ordered That y faid Henry Cary do fitt up the office belonging to y6 houfe of Burgeffes ufefull for preferving the Records and papers thereto belonging. Ordered That y faid Henry Cary do caufe the pavements in the piazzas to be taken up and new laid, and that the well be filled up, and the pavement of y6 walk leading thereby finifhed. OrderedThat that part of the floor above the Steps in the houfe of Burgeffes be made even with the other part of the floor, and that aU the Benches therein be made broader. And the faid Orders being read were agreed to with the following amendm" viz at 2ift Une at ye end, add [and that he fitt up the Secretarys office, and CouncU office with fuch preffes barrs and desks as are wanting there, according to the direction of the Secretary and Clerk of the CouncU] and at y end add [Ordered That y fd Henry Cary caufe fuch alteracons to be made in the General Court houfe as fhal be directed by the Governor and CouncU.]* OrderedThat y6 Clk of y Gen" Affembly carry y6 fd orders to the houfe of Burgeffes and acquaint them that ye Council have agreed thereto with fome amendm" to w°h they defire the Concurrence of that houfe. And then y CouncU adjourned during pleafure. * The brackets are in the original. AND (486) AND being again Mett The biU Entituled an Ad for raifing a publick Levy was read y third tune and paffed without amendment. Ordered That y Clk of y Gen" Affembly carry the faid bill to the Houfe of Burgeffes and acquaint them that y Council have paffed y6 fame without amendment And then y CouncU adjourned till to morrow morning 8 aclock. Saturday June ye 22d 1706 Prefent Tf DMUND JENINGS, Benj' Harrifon, Rob' Carter Efq", James Blair Com17, gi Philip Ludwell 8c Henry Duke Efq" — A meffage to the Council from the Burgeffes by M' Randolph and others who brought the following Bills viz a biU Entituled an Ad for preventing frauds in the Cuftoms and in clearing of fhips and for afcertaining the Colledors & Naval officers fees and to prohibite and prevent the cafting of ballaft and dead Bodys into Rivers df Creeks, A bill Entituled an Ad for eftablifhing the County Courts, and for regulating the proceedings therein, and direding y manner of granting probates of Wills and adminiftrations of Inteftates Eftates, and a biU Entituled an Ad for the regulations and Settlement of ferrys, and acquainted the CouncU that y6 Burgeffes had inferted the amendm" in y f d bill as agreed upon. And the faid bUls and Amendments being examined, OrderedThat the Clerk of the Gen" Affembly carry back the faid bills to y houfe of Bur geffes and acquaint them that y CouncU have paffed them as amended. A meffage from the Burgeffes to the CouncU by M' MUes Cary 8c others who acquainted their Hon" that y houfe had agreed to y orders fent down by them con cerning y Gen11 Court houfe and Secretarys and Council office. A meffage from the Burgeffes to y Council by M' Robert Beverley 8c others that the houfe of Burgeffes had inroUed 44 Bills and had Sent them up to their Hon" for their Satisfaction. OrderedThat the Clerk of the General Affembly carry back y faid bUls to the Burgeffes and acquaint them that y CouncU are Satisfyed that y bills are truly InroUed. His Excellency having SignUyed to ye Council his inability to come to y Capitol for paffing the Acts of this Affembly by reafon of his IndUpofition The CouncU adjourned to his Excellencys houfe. THE CouncU being mett at his Excellencys houfe His Excellency prefent Ordered That the Clerk of the General Affembly carry the foUowing meffage in writing from his ExceUency to the houfe of Burgeffes. Gentlemen I have confidered [See J. of H. of B., pp. 233-4.] Ordered That the Clerk of the General Affembly go to the houfe of Burgeffes and acquaint them that his ExceU0" commands their immediate attendance on him at his own houfe, and that they bring with them fuch bills as are ready for his affent. Where (487) Where the Burgeffes being come M' Speaker addreffed himfelf to his ExceU6" to this effect May it pleafe y Excellcy In obedience to y ExceU0"8 commands the Houfe of Burgeffes are come to prefent to y ExceU0" feveral bills agreed upon this Seffion by the Council and themfelves in order to receive y ExceU0"8 affent. And accordingly the feveral foUowing BUls being prefented, His ExceU0" was pleafed to give his affent thereto by Signing them in y ufual manner the fame being alfo Signed by the Speaker of y Houfe of Burgeffes viz An Ad direding fhe building [For the following lUt of 41 Acts, fee J. of H. of B., p. 234, 1. 19 to end of p. 235.] Upon prefenting to his Excellency An Ad for fhe better fecuring fhe liberty of the Subjed, his Excell6" was pleafed to fay, Gentlemen, I am forry that I cannot pafs this BUl becaufe I am obliged by my inftructions not to do it. And then the BUl Entd an Ad repealing an Ad made at a Gen" Affembly held at James City June y 8th i68oEnt* an Act of free & General pardon, Indemnity and oblivion, being prefented to his ExceU0", he was pleafed to fay that he could not pafs that biU as being contrary to his Inftructions. And laftly the BUl Entd an Ad for eftablifhing y County Courts & for regulating & Settling the proceedings therein, and direding the manner of granting probates of Wills and adminiftrations upon Inteftates Eftates being prefented, His Excellency faid that he was forry he could not pafs that BUl w'hout further advice. And then his Excellency fpoke to this effect That he was Very Glad to fee fo great a Body of Laws agreed upon And paffed this Seffion, and particularly thank 'd the Burgeffes for the act directing the buUding a houfe for their Governor, and did not doubt but their proceedings would be very agree able to her Majefty and for the hon' and Service of the Country. That as to thofe bills which he had refufed to pafs, he had no private intereft of his own to engage him to it, but that at prefent he was tyed up from paffing them, and he was perfwaded the Affembly would not defire lum to do a thing w°h might occafion him any hazard, affuring them that he would endeavour to obtain her Maj"6' Leave for paffing them at another Seffion if it be thought conven' That he found it for her Maj'168 Service to prorogue this Affembly no longer than to the fourth of Septem' next, but did not intend it fhould meet then unlefs fome extra ordinary occafion required. And that this Affembly is prorogued to the 4th day of September accordingly Examined

A biU Entituled An Ad to prevent trading with Indians Read the fecond time and The Queftion being put That the bill be read a third time It paffed in fhe Negative, And thereupon Refolved That the Bill be Rejected Refolved That a bill be prepared to prevent trading with Indians during the prohibitions laid or to be Laid by proclamations of the Government, And that M' CommUfary Blair William Byrd and William Fitzhugh Efq" prepare and bring in the faid Bill. And then the Council Adjourned till Tomorrow morning Nine aclock Friday November the 7th 1 7 1 2 Prefent THE Governor, Robert Carter, John Cuftis, James Blair, Philip Ludwell, Henry Duke, John Smith, John Lewis, WUliam Byrd and William Fitzhugh Efq" A meffage to the Council by M' William Robinfon and others who brought a BUl Entituled An Ad to repeal An Ad Entituled An Act declaring the Negro Mulatto and Indian Slaves within this Dominion to be real Eftate, and to repeal a Claufe in An Ad Entituled An Act for the diftribution of inteftates Eftates, declaring Widows Rights to their deceafed Hufbands Eftates and for fecuring Orphan's Eftates, Relating to fhe third part of fhe inteftates Eftate given to fhe Wife of fhe Inteftate; And alfo to repeal a Claufe in An Ad Entituled An Act declaring the manner of granting probates of WUls and AdminUtration of Inteftates Eftates Relating to the delivery of Slaves to fhe perfon or perfons to whom fhe fame are declared to belong by fhe faid Ad Entituled An Adt declaring the Negro Mulatto and Indian Slaves within this Dominion to be real Eftate And alfo to declare what part of fhe Eftate of perfons hereafter dying inteftate fhall be given to the Wife of fuch Inteftate. To which they defire the Councils concurrence. AUo that the Burgeffes had on the petition of M' Fredrick Jones granted him Liberty to import certain Negro Slaves from North Carolina without paying the duty of five pound a head. To which they defire the Councils concurrence OrderedThat the Clerk of the General Affembly carry the following Meffage from the Gov ernor to the Houfe of Burgeffes M' Speaker and Gentlemen of fhe Houfe of Burgeffes In anfwer to your Addrefs [See J. of H. of B., p. 21.] M' CommUfary Blair reported that the perfons appointed had prepared a BUl to prohibite all Trade with the Tufcaruro 8c other Indians concerned in the late Maffacre in North Carolina, and for the better regulating the Indian trade and the fd Bill was received and read the firft time and Ordered a fecond Reading Tomorrow morning A bill Entituled An Ad to repeal An Ad Entituled An Act declaring the Negro Mulatto and Indian Slaves within this Dominion to be real Eftate, And to repeal a Claufe in An Ad Entituled An Act for the dUtribution of Inteftates Eftates declaring Widows Rights to their deceafed Hufbands Eftates and for fecuring Orphans Eftates, relateing to fhe third part of fhe Inteftates Eftate given to the Wife of the Inteftate; and alfo to repeal a Claufe in an Ad Entituled An Act directing the manner of granting probats of Wills and Adminiftration of Inteftates Eftates, relating to fhe delivery of Slaves (542) Slaves to the perfon or perfons to whom the fame are declared to belong by the faid Ad Entituled An Act declaring the Negro, Mulatto & Indian Slaves within this Dominion to be real Eftate And alfo to declare what part of the Eftate of perfons hereafter dying Inteftate fhall be given to the Wife of fuch Inteftate Was Read the firft time and Ordered a fecond Reading The Refolve of the Houfe of Burgeffes upon the petition of Fredrick Jones being read Refolved That the CouncU do concurr with the Burgeffes that Leave be given the petitioner to import into this Colony three Negro Slaves exported from hence into North Carolina and four Negro chUdren borne of one of the faid Slaves and mentioned in the faid petition without paying the dutys impofed by the Law now in force. OrderedThat the Clerk of the General Affembly carry the faid Refolve to the Houfe of Burgeffes And then the CouncU Adjourned till Tomorrow morning nine aclock Saturday November the 8th 1 7 1 2 Prefent T\OBERT CARTER, John Cuftis, James Blair, Henry Duke, John Smith, John W^ Lewis and William Byrd Efq" *¦**¦ V A bUl Entituled An Ad to prohibite all trade wifh fhe Tufcaruro and other Indians concerned in the late Maffacre in North Carolina And for fhe better regulating the Indian trade Read the fecond time and Committed for Amendments A meffage from the Houfe of Burgeffes to the CouncU by M' Allerton and others who brought a bUl Entituled An Ad to impower Surveyors of highways to take Trees to make or repair bridges and high ways To which they defire the Council's concurrence. And the faid BUl was read the firft time and Ordered a fecond Reading And then the Council Adjourned tUl Munday morning Nine aclock Munday November the 1 o^ 1 7 1 2 Prefent TT\OBERT CARTER, James Blair, Philip Ludwell, Henry Duke, John Smith, r^ John Lewis and WiUiam Byrd Efq" -*- ^- A meffage from the Burgeffes by M' Holloway and others who brought a bUl Entituled An Ad to prevent land Lapfing from Inf ants for not feating and planting or not paying Quittrents, untill three years after they come of age, to which they defire the Councils concurrence. A meffage from the Burgeffes by M' John Robinfon and others who brought a BUl Entituled An Ad for making void certain proceedings of the Veftry of the parifh of Chrift Church in the County of Middlefex and for building a New Church in the faid parifh, to which they defire the CouncUs concurrence. A bUl Entituled An Ad to prevent Land lapfing from Infants for not feating and planting or not paying Quittrents untill three years after they come of Age Read the firft time and Ordered a fecond Reading A bUl Entituled An Ad for making Void certain proceedings of the Veftry of the parifh of Chrift Church in the County of Middlefex, and for building a new Church in the faid parifh Read the firft time and Ordered (543 ) Ordered a Second Reading on Fryday next Ordered That the Veftry of Chrift Church be heard before the fecond reading of the faid BiU, and that they have notice to attend on Friday next And then the CouncU Adjourned tUl Tomorrow morning Nine aclock Tuefday November the 11th 1712 Prefent "T\OBERT CARTER, James Blair, Philip Ludwell, Henry Duke, John Smith, h\ John Lewis 8c William Byrd Efq" -*¦ ^- A biU Entituled An Ad to repeal an Ad Entituled An Act declaring the Negro Mulatto & Indian Slaves within this Dominion to be real Eftate, and to repeal a Claufe in an Ad Entituled An Act for the dUtribution of Inteftates Eftates, declaring Widows Rights to their deceafed Hufbands Eftates and for fecuring Orphans Eftates relateing to the third part of the Inteftates Eftate given to the Wife of the Inteftate, and alfo to repeal a Claufe in An Ad Entituled An Act directing the manner of granting probates of WUls and AdminUtration of Inteftates Eftates relateing to the delivery of Slaves to the perfon or perfons to whom the fame are declared to belong by fhe faid Ad Entituled An Adt declaring Negro Mulatto and Indian Slaves within this Dominion to be real Eftate, And alfo declaring what part of the Eftate of perfons hereafter dying Intes tate fhall be given to fhe Wife of fuch Inteftate Was read the fecond tune. And The queftion bemg put that the faid Bill be read a third tune It paffed in fhe Negative A biU Entituled An Ad to impower Surveyors of highways to take trees to make or repair Bridges and Highways Read the fecond tune and Committed for Amendments RefolvedThat a biU be prepared purfuant to her Majeftys Inftructions concerning the Seating and planting of Lands, and OrderedThat it be Referred to M' ComUfary Blair and Coll° Philip Ludwell to prepare and bring in the faid biU And then the CouncU Adjourned tUl Tomorrow morning nine aclock Wednefday November the 1 2 th 1712 prefent "T%OBERT CARTER, James Blair, Philip Ludwell, Henry Duke, John Smith and W^ John Lewis Efq" -*¦ V. A biU Entituled An Ad to impower Surveyors of Highways to take trees to make or repair bridges and highways Read the third time with the Amendments RefolvedThat the bUl with the amendments do pafs OrderedThat the Clerk of the General Affembly carry the faid BUl to the Burgeffes and acquaint them that the CouncU have paffed the fame with feveral amendments to which they defire the concurrence of that Houfe. A biU Entituled An Ad to prohibite all trade wifh the Tufcaruro and other Indians concerned in fhe late Maffacre in North Carolina, and for the better regulating fhe Indian trade Read the fecond time with the amendments OrderedThat the bUl with the amendments be engroffed A (544) A bill being prepared purfuant to Yefterdays Refolve Entituled An Ad declaring what fhall be accounted a fufficient Seating and planting of Lands hereafter to be taken up and patented The fame was read the firft time and Ordered a fecond Reading And then the Council Adjourned till Tomorrow morning Ten aclock Thurfday November the 13 th 17 12 prefent TmOBERT CARTER, James Blair, Henry Duke, John Smith 8c John Lewis Efq" h\ A bill Entituled An Ad declaring what fhall be accounted a fufficient feating -*- ^- and planting of Lands hereafter to be taken up and patented Read the fecond tune Ordered That the faid bill be engroffed Philip Ludwell Efq' prefent A meffage from the Burgeffes by M' Holloway and others who brought the following bills Viz A bill Entituled An Ad to continue an Ad Entituled An Act for appointing Rangers and for encreafing their pay. A bill Entituled An Ad for appointing Rowling houfes and publick Landings and a bill Entituled An Ad to enable William Manley Gent to fell df difpofe of certain entailed Lands and tenements lying in the County of Weftmoreland on fettling other Lands and tenements lying in fhe faid County, of which he is feized in fee to the fame ufes, to which they defire the CouncUs concurrence. Mr Holloway alio acquainted the Council that the Burgeffes had taken into confideration the amendments propofed by their Hon" to the bill Entituled An Ad to impower Surveyors of Highways to take trees to make or repair bridges and highways, and that they had agreed to fome of the faid amendments, and to others had dUagreed, and defire their Hon" to pafs the faid bill without thofe amendments to which the Burgeffes have difagreed. A bill Entituled An Ad to continue an ad Entituled An Act for appointing Rangers, and for encreafing their pay Read the firft time and Ordered a fecond Reading A bill Entituled An Ad for appointing Rowling houfes and publick Landings and for afcertaining fhe prices of Storeage Read the firft tune and Ordered a fecond Reading A bill Entituled An Ad to enable William Manley Gent to fell and difpofe of certain entailed Lands and tenements lying in fhe County of Weftmoreland, on fettling other Lands and tenements lying in the faid County of which he is fiezed in fee to the fame ufes Read the firft time and Ordered a fecond Reading Prefent The Governor A meffage to the Governor by M' Eskridge and others who brought an Addrefs from the Burgeffes in anfwer to his Hon" meffage of the firft of this month which Addrefs is as foUoweth To the honbU Alexander Spotfwood her Majeftys Lievtenant Governor of Virginia May it pleafe Yo' Honour We her Majeftys moft Loyal . . . . [See J. of H. of B., p. 24.] OrderedThat the Clerk of the General Affembly go to the Houfe of Burgeffes and command their imediate attendance on the Governor in the Council Chamber The Houfe attending, The Governor was pleafed to make the following Speech Gentlemen of the Council and Houfe of Burgeffes I am confident [See J. of H. of B., pp. 25-26.] Then (545) Then the Burgeffes withdrew and The Addrefs of the Affembly of North Carolina being Read Ordered That the Clerk of the Gen" Affembly carry the fame to the Burgeffes And then the Council Adjourned till Tomorrow morning ten aclock Friday November the 1 4th 1 7 1 2 Prefent W mOBERT CARTER, James Blair, PhUip Ludwell, Henry Duke, John Smith 8c r^ John Lewis Efq" -¦*• ^- An ingroffed bill Entituled An Ad to prohibite all Trade with the Tufcaruro and other Indians concerned in the late Maffacre in North Carolina and for fhe better regulating the Indian trade. Read the third time Refolved That the bill do pafs Ordered That the Clerk of the General Affembly carry the faid Bill to the Houfe of Burgeffes and defire their concurrence thereto The Council proceeded to take into Confideration the Amendments to the bUl Entituled An Ad to impower Surveyors of Highways to take trees to make or repair bridges and highways to which the Houfe of Burgeffes have difagreed, and thereupon RefolvedThat the CouncU do adhere to all their Amendments made to the faid BiU Ordered That the Clerk of the General Affembly carry the faid bill to the Houfe of Burgeffes and acquaint them that the CouncU do adhere to their amendments, and defire the Bur geffes to pafs the faid bill as amended. A bUl Entituled An Ad to enable William Manley Gent to fell and difpofe of certain entailed Lands and tenements lying in the County of Weftmoreland on fettling other Lands and tenements lying in fhe faid County of which he is fiezed in fee to fhe fame ufes Read the fecond time and committed for amendments. A meffage from the Houfe of Burgeffes to the Council by M' Holloway and others that the Burgeffes defire a Conference with their Hon" upon the Subject matter of the Governors Speech Yefterday, and the Addrefs of the Affembly of North Carolina men tioned in the faid Speech RefolvedThat a Conference be agreed to according to the defire of the Houfe of Burgeffes, and Robert Carter, James Blair and Philip Ludwell were appointed Managers for the faid Conference. OrderedThat the Clerk of the General Affembly go to the Houfe of Burgeffes and acquaint them that the Council do agree to the Conference defired, and that they have appointed three of their members to manage the faid Conference on their part who are now ready in the Conference room Then the CouncU Adjourned during pleafure and the Managers went to the Con ference. AND being returned The Council mett, and Robert Carter Efq' from the Conference with the Burgeffes reported the Subject matter thereof, together with the arguments they had ufed to induce the Burgeffes to affift North Carolina, and that the Conference was Adjourned for an hour for the Burgeffes to report to their Houfe. An (546) An engroffed bill Entituled An Ad declaring what fhall be accounted a fufficient feating and planting of Lands hereafter to be taken up and patented read the third time Refolved That the Bill do pafs Ordered That the Clerk of the General Affembly carry the faid bUl to the Burgeffes and defire their concurrence thereto The Amendments to the bill Entituled An Ad to prevent Land lapfing from Infants for not feating and planting or not paying Quittrents untill three years after they come of age being twice read, The faid bill with the Amendments was read the thud time Refolved That the BUl do pafs OrderedThat the Clerk of the General Affembly carry the faid bill to the Houfe of Burgeffes and acquaint them that the CouncU have paffed the fame with fome amendments, to which they defire the concurrence of that Houfe. A bill Entituled An Ad to continue an Ad Entituled An Adt for appointing Rangers and for encreafing their pay Read the fecond tune and Ordered a third Reading A bill Entituled An Ad for appointing Rowling houfes and publick Landings, and for afcertaining the prices of Storeage Read the fecond time and Committed for amendments The CouncU being informed that the Managers of the Burgeffes were again come to the Conference room Then the Council Adjourned till Tomorrow morning ten aclock Saturday November the 1 5th 1 7 1 2 prefent T\OBERT Carter, James Blair, Philip Ludwell, Henry Duke, John Smith and IJ WUliam Byrd Efq" JL V. A bUl Entituled An Ad to enable WUliam Manley Gent to fell and difpofe of certain entailed Lands and tenements lying in the County of Weftmoreland on fettling other Lands df tenements lying in the faid County of which he is fiezed in fee to the fame ufes. Read the third tune with the Amendments RefolvedThat the bUl do pafs Ordered That the Clerk of the General Affembly carry the faid bUl to the Burgeffes, and defire their concurrence to the amendments made thereto A bill Entituled An Ad for continuing an Ad Entituled An Adt for appointing Rangers and for increafing their pay Read the thud time Refolved That the BUl do pafs OrderedThat the Clerk of the General Affembly carry the faid BUl to the Houfe of Burgeffes and acquaint them that the CouncU have paffed the fame without amendment. Robert Carter Efq' reported the Subject matter of the Conference with the Burgeffes the Governors Speech, and the Addrefs of the Affembly of North Carolina. A meffage from the Houfe of Burgeffes to the CouncU by Mr Buckner and others th t the Houfe had paffed the book of publick Claims, to which they defire the CouncUs VOn°Th n the CouncU proceeded to the confideration of the book of Claims, and part thereof was read. (547) A meffage from the Houfe of Burgeffes to the Council by M' Holloway and others that the Houfe had come to fome Refolutions of Affiftance to be given to North Carolina, and had ordered an Addrefs to the Governor to be prepared thereupon, in which when prepared they wUl defire the Council to joine The Governor prefent The Council being informed that fome Gentlemen from the Veftry of Chrift Church in Middlefex attended, they were called in, and at the Board prefented to the Governor and Council a petition, fubfcribed by the Major part of the faid Veftry, and alfo fundry orders of the Veftry for the building the feveral Churches mentioned in the bUl fent up from the Houfe of Burgeffes for making void certain proceedings of the faid Veftry, and being heard thereupon withdrew Then the bUl Entituled An Ad for making void certain proceedings of the Veftry of Chrift Church in the County of Middlefex, and for building a new Church in the faid parifh was read the fecond time And the queftion being put That the bill be read a third time It paffed in the Negative OrderedThat the faid BUl ly on the Table And then the Council Adjourned tUl Munday morning Nine aclock. Munday November 1 7th 1712 Prefent ~JT\OBERT Carter, James Blair, Philip Ludwell, John Smith 8c William Byrd, f\ Efq" -*•*¦«¦ A meffage from the Houfe of Burgeffes to the CouncU by M' Holloway and others that the Burgeffes had agreed to the amendments prepared by their Hon" to the biU Entituled An Ad to prevent Lands lapfing from Infants for not feating and planting or not paying Quittrents untill three years after they come of age; and aUo to the amendments propofed to the bill Entituled An Ad to enable WUliam Manley Gent to fell and difpofe of certain entailed Lands and Tenements lying in fhe County of Weftmoreland, on fettling other Lands and Tenements lying in fhe faid County, of which he is fiezed in fee to the fame ufes, And had inferted the faid Amendments therein. The faid two bUls with the amendments being examined Ordered That the Clerk of the General Affembly carry the fame to the Houfe of Burgeffes and acquaint them that the Council are fatisfyed that the amendments are truely inferted, and have paffed the Bills as amended. A bUl Entituled An Ad for appointing Rowling houfes and publick Landings and for afcertaining fhe prices of Storage being amended and the amendments twice read the faid bUl with the amendments was read the third tune Refolved That the bUl with the amendments do pafs Ordered That the Clerk of the General Affembly carry the faid bUl to the Houfe of Burgeffes and acquaint them that the CouncU have made divers amendments thereto to which they defire the concurrence of that Houfe. Then the CouncU proceeded to the further confideration of the Book of Claims and part thereof was read A meffage from the Burgeffes to the Council by M' Holloway and others that their Houfe had agreed on an Addrefs to the Governor in anfwer to his Speech the 13"1 inftant and the Addrefs and reprefentation of the General Affembly of North Carolina therein mentioned, to which they defire their Hon" concurrence. The (548) The Addrefs prepared by the Houfe of Burgeffes being read, Sundry amendments were made thereto OrderedThat the Clerk of the General Affembly carry the faid Addrefs and amendments to the Houfe of Burgeffes and acquaint them that the Council defire their concurrence to the faid Amendments And then the Council Adjourned till Tomorrow morning nine aclock Tuefday November i 8th 1 7 1 2 Prefent AS YESTERDAY The book of Claims being read over, and fundry Obfervations made thereon Ordered That a meffage be prepared to be fent to the Burgeffes propofing the feveral addi tions and amendments which the Council think fitt to be made in the book of publick Claims before they pafs it A meffage from the Houfe of Burgeffes to the CouncU by M' Holloway and others that their Houfe had agreed to fome of the Councils amendments to the Addrefs of the Governor, and to others had difagreed, and had alfo made a further amendment to the fd Addrefs, and defire their Hon" to agree to the fame as it is now amended The Addrefs and amendments being read were agreed to, and OrderedThat the Clerk of the General Affembly carry the faid Addrefs to the Houfe of Burgeffes and acquaint them that the Council do not infift on fuch of their amendments as that Houfe have dUagreed to, and that they do agree to the Addrefs as amended. A meffage from the Houfe of Burgeffes by M' Holloway and others that the Houfe had inferted the amendments agreed on in the Addrefs to the Governor. Ordered That the Clerk of the General Affembly return the faid Addrefs to the Houfe of Burgeffes to be fairly tranfcribed. OrderedThat the Clerk of the General Affembly carry the following meffage from the CouncU to the Houfe of Burgeffes M' Speaker and Gentlemen of fhe Houfe of Burgeffes The Council being apprehenfive . . . . [See J. of H. of B., p. 30.] A meffage from the Burgeffes by Mr Holloway and others who brought the Addrefs fairly tranfcribed and figned by the Speaker, and left the fame to be figned by the CouncU as they fhall think fitt. Ordered That the faid Addrefs be figned by Robert Carter Efq' in behaU of the Council, And the fame was figned accordingly. OrderedThat the Clerk of the General Affembly return the faid Addrefs to the Houfe of Burgeffes, and acquaint them that as the faid Addrefs had the firft Rife in their Houfe The Council leave it to them to take the proper time for prefenting the fame to the Governor Prefent The Governor A meffage from the Burgeffes to the Governor by M' Holloway and others that the Council and Burgeffes had agreed on an Addrefs to his Hon', in anfwer to his Speech the 13 th inftant and that they were commanded to wait on him to know his pleafure when the Houfe fhall attend him with the faid Addrefs To (549) To which the Governor made Anfwer that he was now ready to receive their Addrefs in the CouncU Chamber The Houfe of Burgeffes attending M' Speaker read and prefented to the Governor the Addrefs of the CouncU and Houfe of Burgeffes in the words following To the honbu Alexander Spotfwood her Majeftys Lieutenant Governor of Virginia May it pleafe Your Hon' We her Majeftys moft dutifull [See J. of H. of B., p. 31.] To which the Governor was pleafed to make the foUowing Anfwer Gentlemen I cannot but receive . . . . [See alfo p. 31.] And then the Council Adjourned tiU Tomorrow morning Nine aclock Wednefday November the 1 9th 1 7 1 2 Prefent AS YESTERDAY A meffage from the Burgeffes by M' Holloway and others who brought the bill Entituled An Ad for appointing Rowling houfes and publick Landings, and for afcertaining the prices of Storeage, and acquainted the CouncU that the Burgeffes had agreed to all the amendments propofed by their Hon" to the faid bUl, and had inferted them therein; And alfo that the Houfe had agreed to their Hon" meffage fent yefterday That in cafe the nine hundred yards of Duffells cannot be had, the fame may be fupplied by other courfe Woolens The aforefaid Bill being Examined OrderedThat the Clerk of the General Affembly return the faid BiU to the Houfe of Burgeffes and acquaint them that the Council are fatisfyed the amendments are truely inferted and have paffed the Bill as amended. Ordered That the Clerk of the General Affembly carry the following meffage to the Houfe of Burgeffes together with the Book of Claims The Council having had . . . . [See J. of H. of B., pp. 33-34.] [The laft two paragraphs of the meffage as given in the Journal of the CouncU are as follows :] Among the Allowances made in your Houfe to the Officers attending the Affembly The CouncU cannot but take notice of an unufual abatement made from the Sallary for reading Divine Service, laft Seffion of Affembly, and the rather becaufe it relates to one of their Members of whofe readinefs to perform his duty they are well fatisfyed, and if the Severity of the Weather for fome few days together with the urgent bufinefs then depending did not permitt the Members of your Houfe to refort to the publick Worfhip (as ufual) during that fhort time The CouncU cannot agree to any deduction on that Account And therefore propofe that the faid Article be amended according to the regulation made by the laft Houfe of Burgeffes. Which additions and amendments being agreed to by your Houfe The CouncU wiU be ready to pafs the book of Claims. And then the CouncU Adjourned tiU Tomorrow morning nine aclock A Thurfday November 2 oth 1 7 1 2 prefent S YESTERDAY The Council mett and having nothing before them Adjourned tUl tomorrow morning ten aclock Friday (550) Friday November the 2 ift 1 7 1 2 Prefent AS YESTERDAY A meffage from the Burgeffes to the Council by M' Buckner and others who brought the Book of Claims with a written meffage relateing thereto as foUoweth May it pleafe your Hon" The Burgeffes have confidered [See J. of H. of B., p. 35.] Refolved That a Conference be defired with the Burgeffes upon the Subject matter of their laft meffage in Relation to the book of Claims. A meffage from the Burgeffes by M' Holloway and others that the Houfe could not agree to the Conference defired by their Hon" on the Subject matter of theu* meffage in relation to the book of Claims; but if the CouncU defire a Conference on the laft paragraph of that meffage they are willing to concede to it. OrderedThat the Clerk of the General Affembly go to the Houfe of Burgeffes and acquaint them that the CouncU defire an imediate Conference on the laft paragraph of their meffage in relation to the book of Claims, and accordingly Mr ComUfary Blair and William Byrd Efq" were appointed Managers for the faid Conference. Then the Council Adjourned during pleafure and the Managers went to the Con ference. AND being Returned The CouncU mett again, and M' ComUfary Blair reported the Subject matter of the faid Conference. A meffage by M' John Robinfon and others who brought the book of Claims amended according to what was propofed at the Conference. Then the book of Claims was agreed to by the CouncU A meffage from the Burgeffes by M' Holloway and others who brought a bUl Entituled An Ad for continuing an Ad Entituled An Adt for laying a duty on Liquors and Slaves, and for appropriating money fufficient to furnifh nine hundred yards of Duffells, and one thoufand pounds for the Service and Relief of North Carolina out of the faid duty, and for appointing a Treafurer, and aUo a bUl Entituled An Ad for con tinuing an Ad Entituled An Act for fecurity and defence of the Country in tunes of danger, to which they defire the Council's concurrence. And the faid bUls were feverally Read the firft time, and Ordered a fecond Reading The Governor having figned his Affent to the book of Claims Ordered That the Clerk of the General Affembly carry the faid book of Claims to the Houfe of Burgeffes and acquaint them that the CouncU have agreed to the fame, AUo that they have obtained the Governors Affent thereto. And then the Council Adjourned tUl Tomorrow morning ten aclock. Saturday (55i ) Saturday November the 2 2d 17 12 prefent AS YESTERDAY A bUl Entituled An Ad for continuing An Ad Entituled An Act for laying a duty on Liquors and Slaves and for appropriating money fufficient to furnifh nine hundred yards of Duffells, and one Thoufand pounds for the Service and relief of North Carolina out of the faid duty, and for appointing a Treafurer Read the fecond time Ordered That the BiU be read a third time. A bUl Entituled An Ad for continuing An Ad Entituled An Adt for Security and defence of the Country in times of Danger Read the fecond time OrderedThat the BiU be read a third tune. Prefent. The Governor OrderedThat the Clerk of the General Affembly carry the foUowing Meffage from the Gov ernor to the Houfe of Burgeffes M' Speaker and Gentlemen of fhe Houfe of Burgeffes As the Houfe of Burgeffes in 1710 . ... [See J. of H. of B., p. 37.] And then the CouncU Adjourned till Munday morning ten aclock. Munday November the 24th 1 7 1 2 prefent /AMES Blair, Philip Ludwell, John Smith and William Byrd Efq" A bUl Entituled An Ad for continuing An Ad for Security and defence of fhe Country in times of danger Read the third time Refolved That the bill do pafs A bUl Entituled An Ad for continuing An Ad Entituled An Act for Laying a duty on Liquors and Slaves, and for appropriating money fufficient to furnifh nine hundred yards of Duffells and one thoufand pounds for the Service and Relief of North Carolina out of the faid duty and for appointing a Treafurer Read the third tune Refolved That the bUl do pafs Ordered That the Clerk of the General Affembly carry the aforefaid two bUls to the Houfe of Burgeffes and acquaint them that the Council have paffed the fame without any amendment And then the CouncU Adjourned tUl Tomorrow morning ten aclock. A Tuefday November the 2 5th 1 7 1 2 prefent S YESTERDAY The Council mett and Adjourned tUl Tomorrow morning ten aclock W ednefday (552) Wednefday November 2 6th 1 7 1 2 prefent AS YESTERDAY A meffage from the Houfe of Burgeffes to the CouncU by M' William Robinfon and others That the Houfe had paffed the Treafurers accounts, and defire their Hon" Concurrence thereto Then the faid accounts were read and paffed by the CouncU Ordered That the faid accounts be laid before the Governor for his Affent and that then the Clerk of the General Affembly return the fame to the Houfe of Burgeffes. Ordered That it remain an Obfervation on the Journal that Coll° Gawin Corbin Receiver of the dutys on Liquors and Slaves in the dUtrict of Rappahannock from the io'h day of December 17 10 to the i6'h of June foUowing hath rendered no account of the receipt of the faid dutys as by Law he ought to do. Prefent The Governor A meffage to the Governer by M' William Robinfon and others who brought the foUowing Addrefs. To fhe HonbU Alexander Spotfwood Her Majeftys Lievtenant Governor of Virginia May it pleafe Your Hon' We her Majeftys moft Loyal . . . [See J. of H. of B., p. 38.] And then the Council Adjourned tUl tomorrow morning ten aclock Thurfday November the 2 7th 1 7 1 2 Prefent AS YESTERDAY A meffage from the Houfe of Burgeffes to the Council by M' John Rob infon and others That the Houfe had paffed the book of propofitions [propor tions] of the publick Levy to which they defire the CouncUs concurrence And the faid Book bemg perufed was agreed to by the CouncU and Ordered to ly on the table for the Governor's Affent, and that then the Clerk of the General Affembly return the fame to the Burgeffes. prefent The Governor OrderedThat the Clerk of the General Affembly carry the following meffage from the Gov' to the Houfe of Burgeffes M' Speaker and Gentlemen of fhe Houfe of Burgeffes Your Addrefs prefented [See J. of H. of B., p. 39.] And then the CouncU Adjourned tiU Tomorrow morning ten aclock. nr Friday November the 2 8th 1712 prefent \HE fame as Yefterday A meffage from the Houfe of Burgeffes to the CouncU by Mr John A Robinfon and others who brought a Refolve for appropriating the Sum of nine hundred pounds for finUhing the Governor's houfe, and aUo A bUl Entituled An Ad Laying a publick Levy to which they defire the CouncUs concurrence. And the faid Refolve being read was agreed to, and is as follows Refolved and accordingly Ordered That for payment of the Debt due upon the Governors houfe, more than the money already appropriated will pay, and for finUhing the faid Houfe and the appurtenances to it belonging The fum of nine hundred pounds be appropriated out of the Fund that fhaU (553 ) fhaU arife from the Act made this Seffion of Affembly Entituled An Ad for continuing an Ad Entituled An Act for Laying a duty on Liquors and Slaves and for appropriating money fufficient to furnifh nine hundred yards of Duffells and one thoufand pounds for the Service and relief of North Carolina out of the faid duty, and for appointing a Treafurer And that the faid nine hundred pounds be paid by the Treafurer of the faid continued impofitions for the time being upon Warrant of the Lievtenant Governor or the Governor or Commander in Chief of this Colony for the tune bemg, next after the moneys which now are or hereafter fhall during this Seffion be ordered to be paid out of the faid Fund. A bUl Entituled An Ad for raifing a publick Levy Read the firft time and Ordered a fecond Reading Then the Council Adjourned for an hour A ND being mett A bUl Entituled An Ad for raifing a publick Levy Read the fecond time and Ordered a third Reading Then the Council Adjourned for an hour AND being mett A bUl Entituled An Ad for raifing a publick Levy Read the third time Refolved That the BUl do pafs Ordered That the Clerk of the General Affembly carry the faid BiU, together with the Refolve before mentioned to the Houfe of Burgeffes, and acquaint them that the faid bill is paffed without amendment, and that the Council have agreed to the faid Refolve. Prefent The Governor A meffage from the Houfe of Burgeffes to the Council by M' John Robinfon and others who brought a Refolve, which being read was agreed to by the Council, and is as foUows Refolved and accordingly Ordered That the feveral perfons to whom money allowances are made in the book of Claims be paid theu- refpective aUowances out of the moneys that fhaU arife from the Adts laying impofitions upon Liquors and Slaves, next after the money firft appropriated for the Governor's houfe, and the money appropriated for Bruton parifh Church, and for the prifon fhaU be paid, and that the faid payments be made in order following (To witt) the AUowances made to the Officers of the laft Seffion of Affembly in the firft place. The aUowances made to the Officers of this Seffion of Affembly in the next place, And then the reft of the allowances in the order they ftand in the faid Book of Claims. Then the Governor figned his Affent to the faid Refolve. OrderedThat the Clerk of the General Affembly carry the following meffage from the Gov ernor to the Houfe of Burgeffes. M ' Speaker and Gentlemen of fhe Houfe of Burgeffes As nothing lefs than the Safety [See J. of H. of B., p. 41.] And then the CouncU Adjourned till Tomorrow morning ten aclock. Saturday (554) Saturday November the 29th 17 12 Prefent AS YESTERDAY A meffage from the Burgeffes to the CouncU by M' Holloway and others who brought the inroUed bills paffed this Seffion And the faid BUls being examined were Ordered to be returned to the Burgeffes Prefent The Governor A meffage from the Burgeffes by M' Nicholas Merriweather and others who brought the foUowing Addrefs to the Governor To fhe honbU Alexander Spotfwood her Majeftys Lievtenant Governor of Virginia May it pleafe Your Honour We her Majeftys moft dutifull .... [See J. of H. of B., pp. 41-42.] Ordered That the Clerk of the General Affembly go to the Houfe of Burgeffes and acquaint them that the Governor commands their imediate attendance in the CouncU chamber and that they bring with them fuch bills as are ready for his Affent. The Burgeffes attending. M' Speaker addreffed himfeU to the Governor to this effeft In obedience to Your Hon" commands her Majeftys Loyal and dutiftUl Subjects the Burgeffes do now attend your Hon' with the bUls agreed on this Seffion to receive Your affent. Then the titles of the bUls being read, the fame were figned by the Governor and the Speaker and are as follow [For the feven Adts enumerated, fee J. of H. of B., p. 42, lines 34-39, tranfpofing the third and fourth items.] After which the Governor was pleafed to fay to this effect Gentlemen The end of your Meeting bemg now accomplUhed, I cannot but exprefs my Satis faction with the General proceedings of this Seffion, and fince I percieve by your Addrefs prefented to me this day that you are impatient to be at your Homes. I fhaU not at prefent infift on my meffage of Yefterday nor detain you any longer in this cold Seafon; Wherefore I have thought fitt to prorogue this Generall Affembly to the feventh day of May next, and do not intend to give you the trouble of meeting then, unlefs fome extraordinary Occafion of the Indians or otherwUe fhaU require it. Copia WU Robertfon CI Gen1 Affembly AT A GENERAL ASSEMBLY begun at Her Majeftys Royal Capitol the 2 2d day of October 17 1 2, and thence continued by feveral prorogations and there held the fifth day oi November 1713, in the Twelfth Year of Her Majeftys Reign. [From the Public Record Office, London, Colonial Office, Clafs 5, Vol. 1406.] At a General Aflembly begun at Her Majeftys Royal Capitol the 2 2d day of October 17 12, and thence continued by feveral prorogations and there held the fifth day of November 17 1 3, in the Twelfth Year of Her Majeftys Reign. / [November the 5th, 1713.] Prefent AMES BLAIR, John Smith, John Lewis, William Byrd, WiUiam Fitzhugh, William Cocke Efq" The Council mett and Adjourn'd till Tomorrow morning ten aclock. Friday November the 6th 1 7 1 3. prefent THE HonbIe the Lievtenant Governor, James Blair, John Smith, John Lewis, William Byrd, William Fitzhugh 8c William Cocke Efq" OrderedThat the Clerk of the General Affembly go to the Houfe of Burgeffes and acquaint them that the Governor commands their immediate attendance on him in the Council chamber. The Houfe attending accordingly The Governor was pleafed to make the following Speech Gentlemen of the CouncU and Houfe of Burgeffes Peace ever comes . . . . [See J. of H. of B., 1712-1726, pp. 47-48.] And then the Burgeffes withdrew. A meffage from the Burgeffes to the Governor by M' Armiftead and others defiring that a New Writt may iffue for Election of a Burgefs to ferve in this Affembly for the County of Warwick in the room of M' William Cary deceafed, And aUo a Writt for electing a Burgefs for Effex County in the room of M' Francis Merriwether deceas'd And then the CouncU Adjourned till Tomorrow morning ten aclock Saturday November the 7th 1 7 1 3 prefent THE Governor, James Blair, John Smith, John Lewis, William Byrd, William Fitzhugh, William Cocke Efq" A meffage from the Burgeffes to the Council by M' Holloway and others That the Houfe had refolved to addrefs her Majefty upon the Peace, and defire the Council to concurr with them therein; And if their Honours agree thereto, that they will appoint fuch of their Members as they think fitt to joine with the Burgeffes in preparing the faid Addrefs. RefolvedThat the CouncU do agree to joine with the Burgeffes in an Addrefs to congratulate her Majefty on the Peace, and that William Byrd and WiUiam Cocke Efq" be appointed (558) a Committee to meet the Burgeffes in preparing the faid Addrefs on Munday next at three aclock in the Afternoon. Ordered That the Clerk of the General Affembly go to the Houfe of Burgeffes, and acquaint them that the CouncU have agreed to joine with their Houfe in addreffing her Majefty on the Peace, and that they have accordingly appointed two of their Members to meet fuch of their Houfe as they fhaU appoint for preparing the faid Addrefs on Munday next, at three aclock in the Afternoon. The petition of Philip Jones and Margarett Jones praying an Allowance of Fourty pounds for kUling two Tufcaruro Indians Was read and Referred to the confideration of the Houfe of Burgeffes. And then the Council Adjourned till Munday morning ten aclock. / Munday November ye 1 9th T9thl 1 7 1 3 prefent AMES BLAIR, Henry Duke, John Smith, John Lewis, William Byrd, William Fitzhugh and William Cocke Efq'8 The Council mett and Adjourned till Tomorrow morning ten aclock Tuefday November the 1 oth 1 7 1 3 Prefent THE Governor, James Blair, Henry Duke, John Smith, John Lewis, William Byrd, William Fitzhugh 8c William Cocke Efq" The petition of James Adams Interpreter to the Pamunkey 8c Chica hominy Indians praying allowance for his faid Service, and The petition of Chriftopher Smith Lievtenant of the Rangers for King William County praying his ufual Allowance for the faid Service Were feveraUy Read and Referred to the confideration of the Houfe of Burgeffes And then the Council Adjourned tUl Tomorrow morning ten aclock Wednefday November the 11th 1 7 1 3 Prefent AS YESTERDAY The petition of Henry Briggs Interpreter to the Southern Indians, praying his ufual Sallary and aUowance for extraordinary Services. The petition of WiUiam Cocke Efq' Secretary of this Colony praying AUow ance for three Writts Ufued for election of Burgeffes, and The petition of Chichely Corbin Thacker praying his ufual Allowance as Clerk of the Secretary's Office Were feverally Read and Referred to the confideration of the Houfe of Burgeffes. A meffage from the Burgeffes to the Council by M' Holloway and others who brought an Addrefs to her Majefty prepared by the Conferees of the CouncU and Burgeffes, and acquainted the Council that the Burgeffes have read and approved the Draught of the faid Addrefs, and defire the Council's concurrence thereto. Then the faid Addrefs was read, and an Amendment being made thereto Ordered That the Clerk of the General Affembly carry the faid Addrefs to the Houfe of Burgeffes and acquaint them that the CouncU have agreed to the fame with an Amend ment, to which they defire the concurrence of that Houfe. A (559) A meffage to the Council by M' Holloway and others That the Houfe had agreed to the Amendments propofed to the Addrefs to her Majefty, And that the Houfe had refolved that the fame be Signed by every Member of the Houfe, and defire to know in what manner the CouncU will fign the fame. Refolved That the faid Addrefs be figned by every Member of the CouncU. OrderedThat the Clerk of the General Affembly go to the Houfe of Burgeffes and acquaint them That the Council have agreed that the Addrefs to her Majefty be figned by aU their Members, and defire the Houfe to fend up the faid Addrefs when fairly tranfcribed, in order to their figning it as aforefaid. And then the CouncU Adjourned tUl Tomorrow morning ten aclock A Thurfday November the i 2th 1 7 1 3 Prefent S YESTERDAY The Council mett and Adjourned tiU Tomorrow morning ten aclock. Friday November the 1 3th 1 7 1 3 Prefent THE Governor, James Blair, Henry Duke, John Smith, William Byrd, William Fitzhugh 8c William Cocke Efq" A meffage from the Burgeffes to the Council by Mr Holloway and others who brought a fair Tranfcript of the Addrefs agreed on by the CouncU and Burgeffes to her Majefty for the CouncU 's Signing. Then the faid Addrefs to her Majefty was figned by aU the CouncU, and is as follows. To the Queen's Moft Excell' Majefty. The humble Addrefs of the Council & Burgeffes of Virginia May it pleafe Your Majefty We Your Majefty's moft dutifull and loyal [See J. of H. of B., pp. 52-53-] A meffage to the Governor by M' Eskridge and others That the Houfe had prepared an Addrefs to his Hon' and defire to know when they fhall attend his Hon' to prefent theu- faid Addrefs. Whereupon the Governor was pleafed to appoint Tomorrow at eleven aclock in the forenoon in the CouncU Chamber for receiving the faid Addrefs. A Meffage from the Burgeffes to the CouncU by M' William Robinfon and others who brought a bUl Entituled An Ad for dividing S' Marys parifh, And the faid BUl was read the firft time and Ordered a fecond Reading And then the CouncU Adjourned tUl Tomorrow morning ten aclock Saturday November the 1 4th 1 7 1 3 Prefent THE Governor, James Blair, Henry Duke, John Smith, William Byrd and William Fitzhugh Efq" The Houfe of Burgeffes (according to the Governors appointment) attending in the Council Chamber prefented an Addrefs to his Hon' in the foUowing Words To (56o) To fhe Honbu Alexander Spotfwood Her Majefties Lievtenant Governor of Virginia The humble Addrefs of fhe Houfe of Burgeffes. May it pleafe Your Honour. We her Majeftys moft dutifull . . . [See J. of H. of B., pp. 54-55.] To which the Governor was pleafed to make Anfwer as follows. M' Speaker and Gentlemen of the Houfe of Burgeffes. I heartily thank you . . . . [See J. of H. of B., p. 55.] William Cocke Efq' Prefent A bill Entituled An Ad for dividing S' Marys parifh read the fecond time and committed for amendments. A meffage from the Burgeffes to the Council by M' Waller and others who brought a Bill Entituled An Ad for reviving and continuing An Ad Entituled An Act for pro hibiting Seamen being harboured or entertained on fhore, And alfo a Bill Entituled An Ad to continue An Ad Entituled An Act for fupply of certain Defects found in Ad pre fcribing the method for appointing Sherifs, to which they defire the Councils concurrence. And the faid Bills were read the firft time and Ordered a fecond Reading And then the Council Adjourned till Munday morning ten aclock Munday November 1 6th 1713 Prefent /AMES BLAIR, Henry Duke, John Smith, William Fitzhugh & William Cocke Efq" M' CommUfary Blair and M' Secretary Cocke, are appointed in Conjunction with fuch a Number of Burgeffes as fhall be directed by that Houfe to wait on the Governor with the Addrefs to her Majefty, and to requeft his favour in tranfmitting thereof to her Majefty's hands. William. Byrd Efq' Prefent A bill Entituled An Ad for reviving and continuing An Ad Entituled An Act prohibit ing Seamen being harboured or entertained on fhore read the fecond time and Committed for Amendments A bill Entituled An Ad to continue An Ad Entituled An Adt for Supply of certain Defects found in An Ad prefcribing fhe method for appointing Sherifs — Read the fecond time and Ordered a third Reading And then the Council Adjourned till Tomorrow morning ten aclock. Tuefday November the i7t.h 17 13. Prefent AS YESTERDAY A meffage to the Council by M' Waller and others who brought a Bill Entituled An Ad for fhe regulation and fettlement of Ferrys and for difpatch of publick Expreffes, to which they defire the Councils concurrence. And the faid Bill was Read the firft time and Ordered a fecond Reading A bill Entituled An Ad to continue An Ad Entituled An Act for Supply of certain defects found in An Ad prefcribing the method for appointing Sherifs, Read the third time RefolvedThat the bill do pafs. OrderedThat the Clerk of the General Affembly carry the fd BUl to the Burgeffes, and acquaint them that the Council have paffed the fame without any Amendment. And then the Council Adjourned till Tomorrow morning ten aclock. Wednefday (56i) Wednefday November the i 8th i 7 1 3 Prefent /AMES BLAIR, Henry Duke, John Smith, John Lewis, William Byrd, William Fitzhugh 8c William Cocke Efq" A BUl Entituled An Ad for continuing An Ad Entituled An Act for the regula tion and Settlement of Ferrys, and for difpatch of pubUck Expreffes, Read the fecond time and Committed for amendments. And then the Council Adjourned till Tomorrow morning ten aclock. Thurfday November the 1 9th 1713 Prefent THE Governor, Robert Carter, James Blair, Henry Duke, John Smith, John Lewis, William Byrd, William Fitzhugh, William Cocke Efq" A biU Entituled An Ad for reviving and continuing An Ad Entituled An Act prohibiting Seamen being harboured or entertained on fhore Read the third time with the Amendments RefolvedThat the BUl with the Amendments do pafs A bill Entituled An Ad for continuing An Ad Entituled An Adt for the Regulation and Settlement of Ferrys, and for difpatch of publick Expreffes, Read the third time with the Amendments. Refolved That the Bill with the Amendments do pafs. Ordered That the Clerk of the General Affembly carry the faid two biUs to the Houfe of Burgeffes, and acquaint them that the Council have paffed the fame with feveral Amend ments, to which they defire the concurrence of that Houfe. A Meffage to the Council by M' Waller and others that the Burgeffes had agreed to the Amendments propofed by the CouncU to the Bill Entituled An Ad for reviving and continuing An Act prohibiting Seamen being harboured or entertained on fhore; And to the Bill Entituled An Ad for continuing An Ad Entituled An Act for the Regula tion and Settlement of Ferrys, and for dUpatch of publick Expreffes, and had inferted them therein. And then the Council Adjourned tUl Tomorrow morning ten aclock. Friday November the 20th 1 7 1 3. prefent '. YESTERDAY The CouncU mett and Adjourned till Tomorrow Morning ten aclock. A Saturday November the 2 ift 1 7 1 3. Prefent T\OBERT CARTER, James Blair, Henry Duke, John Smith, John Lewis, William r^ Byrd and WiUiam Cocke Efq" ¦*»*¦ •- A Meffage from the Burgeffes to the CouncU by M' Holloway and others, who brought a BUl Entituled An Ad to reftrain fhe keeping too great a number of Horfes and Mares to which they defire the Council's concurrence. And the faid Bill was Read the firft time and Ordered a Second Reading And then the Council Adjourned till Munday morning ten aclock. Munday R (562) Munday November the 23d 1 7 1 3 Prefent OBERT CARTER, James Blair, Henry Duke, John Smith, William Byrd, William Cocke Efq" The Council mett and Adjourned till Tomorrow Morning ten aclock Tuefday November 24th 1 7 1 3. prefent AS YESTERDAY A Meffage from the Burgeffes to the CouncU by M' Waller and others who brought a BUl Entituled An Ad to enable William Smith Gent to fell and difpofe of certain entailed Lands and Tenements lying in the County of New Kent, on fettling other Lands and tenements lying in King WUliam County, of which he is fiezed in fee to the fame ufes. to which they defire the CouncUs concurrence. And the faid BUl was read the firft time, and Ordered a Second Reading And then the CouncU Adjourned till Tomorrow morning ten aclock. Wednefday November the 2 5 th 1 7 1 3. Prefent THE Governor, Robert Carter, James Blair, Henry Duke, John Smith, WiUiam Byrd, William Cocke Efq" A bUl Entituled An Ad to reftrain the keeping too great a number of horfes and Mares Read the fecond tune, and Committed for amendments A bill Entituled An Ad to enable WUliam Smith Gent to fell and difpofe of certain Entailed Lands and Tenements lying in fhe County of New Kent, on fettling other Lands and tenements lying in King WUUam County, of which he is fiezed in fee to fhe fame ufes, Read the fecond time, and Committed for Amendments. And then the CouncU Adjourned till Tomorrow morning ten aclock Thurfday November the 26th 17 13 Prefent T\OBERT CARTER, James Blair, Henry Duke, John Smith, John Lewis, William §^ Byrd & WiUiam Cocke Efq" -A. m. A bUl Entituled An Ad to enable WUliam Smith Gent to fell and difpofe of certain entailed Lands and tenements lying in the County of New Kent, on fettling other Lands and tenements lying in King WUliam County, of which he is fiezed in fee, to the fame ufes Read the third time with the amendments Refolved That the bUl with the amendments do pafs Ordered That the Clerk of the General Affembly carry the faid bill to the Houfe of Burgeffes and acquaint them that the CouncU have paffed the fame with fome Amendments, to which they defire the concurrence of that Houfe. And then the Council Adjourned till Tomorrow morning ten aclock Friday (563) Friday November the 27th 17 13 Prefent AS BEFORE A Meffage from the Burgeffes to the CouncU by M' Holloway and others who brought a bUl Entituled An Ad for preventing Frauds in Tobacco payments, and for fhe better improving fhe Staple of Tobacco, to which they defire the CouncU 's concurrence. A bill Entituled An Ad to reftrain fhe keeping too great a number of horfes and Mares read the third time with the Amendments Refolved That the bUl with the Amendments do pafs Ordered That the Clerk of the General Affembly carry the faid BiU to the Burgeffes and acquaint them that the CouncU have paffed the fame with feveral Amendments, to which they defire the concurrence of that Houfe. A bUl Entituled An Ad for preventing Frauds in tobacco payments, and for fhe better improving fhe Staple of Tobacco, Read the firft tune, and Ordered to be read a fecond time on Munday next And then the CouncU Adjourned tUl Tomorrow morning ten aclock A Saturday November the 2 8th 1 7 1 3 prefent S YESTERDAY The CouncU mett and Adjourned tUl Munday morning ten aclock Munday November the 3 0th 1 7 1 3 Prefent THE Governor, Robert Carter, James Blair, Henry Duke, John Smith, John Lewis, William Byrd Efq" A bUl Entituled An Ad for preventing Frauds in Tobacco payments, and for fhe better improving fhe Staple of Tobacco, Read the fecond time, And The Council having fpent fome time in the Confideration thereof Ordered That the further confideration of the faid BUl be referred tUl Tomorrow morning. A Meffage from the Burgeffes to the Council by M' Holloway and others That the Burgeffes have agreed to the Amendments propofed by the CouncU to the BUl Entituled An Ad to enable WUliam Smith Gent to fell and difpofe of certain entailed Lands and tene ments lying in fhe County of New Kent, on fettling other Lands and tenements lying in King WUliam County of which he is feized in fee to the fame ufes, and have inferted them therein; That they have aUo agreed to fome of the Amendments propofed by the Council to the BUl Entituled An Ad to reftrain the keeping too great a number of horfes, and Mares; to others have dUagreed, and that they have propofed an Amendment of their own, and defire that the CouncU wUl not infift on fuch of their Amendments, to which that Houfe have dUagreed, and that they will pafs the BUl according to the Amendments agreed unto by that Houfe. A Meffage to the Governor by M' Holloway and others That the Houfe of Burgeffes had delayed the confideration of that part of his Hon" Speech relating to the Frontiers in expedtation of the Arrival of the Tufcaruro Indians; but finding they are not yet come in, and the Houfe having little bufinefs before them They defire to know his Hon''8 pleafure, how they fhall proceed. To which the Governor was pleafed to fay That he would fend the Houfe an Anfwer And then the CouncU Adjourned tUl Tomorrow morning ten aclock Tuefday (564) Tuefday December the ift 17 13. Prefent AS YESTERDAY. Ordered That the Clerk of the General Affembly carry the following Meffage from the Governor to the Houfe of Burgeffes. M' Speaker and Gentlemen of fhe Houfe of Burgeffes. At the opening of this Seffion [See J. of H. of B., pp. 63-64.] A bUl Entituled An Ad for dividing S' Mary's parifh. Read the third time with the Amendments RefolvedThat the BiU with the Amendments do pafs. Ordered That the Clerk of the General Affembly carry the faid BiU to the Burgeffes, and acquaint them that the Council have paffed the fame with feveral Amendm" to which they defire the concurrence of that Houfe. And then the Council Adjourned tiU tomorrow morning ten aclock Wednefday December the 2d 17 13. Prefent THE Governor, Robert Carter, James Blair, Henry Duke, John Smith, John Lewis, William Byrd, William Cocke Efq'8 A meffage from the Burgeffes to the Council by M' Holloway and others, who brought a BUl Entituled An Ad to impower John Holloway and John Clayton Gent to recieve of the Truftees for the City of WUiiamfburgh and of all other perfons whatfoever all moneys by them received for Lotts of Land, and otherwife for the benefite of the faid City, and fhe Sum of two hundred and one pounds nine fhillings and nine pence of Robert Carter Ef quire, and to apply fuch moneys to certain ufes, to which they defire the Councils concurrence. And the faid BiU was read the firft time, and Ordered a fecond Reading. Ordered That the Clerk of the General Affembly carry the following Meffage from the Governor to the Houfe of Burgeffes. M' Speaker and Gentlemen of the Houfe of Burgeffes. I am commanded [See J. of H. of B., pp. 64-65.] Ordered That the Clerk of the General Affembly go to the Houfe of Burgeffes and acquaint them that the CouncU having under confideration the BUl fent up from that Houfe for preventing frauds in Tobacco payments, and for the better improving the Staple of Tobacco, and finding therein fome Claufes, of the meaning of which they are defirous to be more clearly fatisfyed, and that there are other parts of the bUl to which they intend to propofe fome Amendments, Therefore in order to the weU finUhing a BUl of fo great a benefite to the Country, The Council defire a free Conference with that Houfe upon the Subject matter of the faid BiU A Meffage from the Burgeffes to the Council by M' Holloway and others That the Burgeffes have agreed to the free Conference defired by their Hon" on the Subject matter of the Bill for preventing Frauds in tobacco payments, and for the better improving the Staple of Tobacco. Refolved That Robert Carter Efq' M' CommUfary Blair and WiUiam Byrd Efq" be appointed Managers for the Council, to meet fuch a number of the Burgeffes as they fhall appoint to manage the faid Conference on the part of that Houfe. Ordered (565) Ordered. That the Clerk of the General Affembly go to the Houfe of Burgeffes and acquaint them that the CouncU have appointed three of their Members, who will be ready in the Conference room Tomorrow at twelve aclock to meet fuch a number of the Burgeffes as that Houfe fhaU think fitt to manage the faid Conference on their behaU And then the CouncU Adjourned till Tomorrow morning ten aclock. A Thurfday December the 3 d 17 13 Prefent S YESTERDAY The Council being informed that the Managers for the Burgeffes were come to the Conference room, The Managers for the Council went to the Conference And then the Council Adjourned till Tomorrow morning ten aclock. Friday December the 4th 1 7 1 3 Prefent T\OBERT CARTER, James Blair, Henry Duke, John Smith, John Lewis, William W^ Byrd 8c WiUiam Cocke Efq" -*- V. A Meffage to the CouncU by M' Eskridge and others who brought the book of publick Claims paffed their Houfe, to which they defire the Council's concurrence. A Meffage from the Burgeffes to the Council by Mr William Robinfon and others who brought a Bill Entituled An Ad for dividing S' Marys parifh, and acquainted the Council that the Burgeffes have agreed to the Amendments propofed by their Hon" to the faid Bill, and had inferted them therein. The CouncU having confidered the Amendments propofed by the Burgeffes to the Bill Entituled An Ad to reftrain fhe keeping too great a number of Horfes and Mares, agreed to fome of the Amendments propofed by the Burgeffes and to others difagreed, and refolved to infift on fome of their Amendments, and to propofe a New Amendment to the faid BUl Ordered That the Clerk of the General Affembly carry the faid Bill to the Burgeffes and acquaint them therewith. A Meffage from the Burgeffes to the Council by M' Holloway and others, acquaint ing the Council that upon confideration of the Report of the free Conference upon the Bill for preventing Frauds in tobacco payments and for the better improving the Staple of tobacco The Houfe had agreed to feveral of the Amendments propofed by their Hon", to others had difagreed and had aUo propofed an Amendment of their own, and that they give Leave that the Amendments, as they are agreed on, be inferted in the Bill. M' Holloway alfo prefented a Bill Entituled An Ad for continuing an Act for appointing Rangers, and An Act to continue An Ad for appointing Rangers, and for increafing their pay, and alfo to impower fhe Lievtenant Governor to dif band fhe Rangers, and to apply fhe pay appropriated for them to any other ufe he fhall think fitt for the better Security of the Frontiers and defired the Councils concurrence thereto. And then the CouncU Adjourned till Tomorrow morning ten aclock. Saturday (566) Saturday December the 5th 1713. Prefent AS YESTERDAY A BiU Entituled An Ad for continuing An Act for appointing Rangers and An Adt to continue An Ad for appointing Rangers and for increafing their pay, and alfo to impower fhe Lievtenant Governor to difband fhe Rangers, and to apply fhe pay appropriated for them to any other ufe he fhall think fitt for the better Security of the Frontiers Read the firft time, and Ordered a fecond Reading A meffage from the Burgeffes to the Council by Mr Eskridge and others who brought the BUl to reftrain the keeping too great a number of horfes and Mares, and acquainted the CouncU that the Houfe had agreed to the Amendments propofed thereto, and had inferted them in the faid BUl. The Council took into confideration the Amendments to the BUl for preventing Frauds in Tobacco payments, and for the better improving the Staple of Tobacco, And thereupon Refolved That the Council do recede from fuch of the fd Amendments as are dUagreed unto by the Burgeffes, and that they wiU agree to the Amendments propofed by that Houfe, and Ordered That the Amendments be inferted in the faid BUl, and that it be read a third time on Munday next. And then the CouncU Adjourned tUl Munday morning ten aclock. Munday December the 7th 1 7 1 3 Prefent THE Governor, Robert Carter, James Blair, Henry Duke, John Smith, John Lewis, WiUiam Byrd Efq" A biU Entituled An Ad for preventing Frauds in Tobacco payments, and for fhe better improving fhe Staple of Tobacco Read the third tune with the Amendments Refolved That the Bill with the Amendments do pafs. OrderedThat the Clerk of the General Affembly carry the faid BUl to the Burgeffes, and acquaint them that the Council have paffed the fame as amended. A Meffage from the Burgeffes to the CouncU by M' Holloway and others who brought a Bill Entituled An Ad for Regiftring Births Chriftnings and Burials, to which they defire the Councils concurrence The Book of publick Claims being Read, and fome Amendments made thereto by the Council Ordered That the Clerk of the General Affembly carry the faid Book to the Houfe of Bur geffes, and acquaint them that the CouncU have made fome Amendments thereto, to which they defire the concurrence of that houfe. A bul Entituled An Ad for regiftring Births Chriftnings and Burials read the firft tune and Ordered a fecond Reading A (567) A bUl Entituled An Ad for continuing An Ad Entituled An Act for appointing Rangers, and An Act to continue An Ad for appointing Rangers, and for increafing their pay, and alfo to impower the Lievtenant Governor to dif band the Rangers, and to apply the pay appropriated for them to any other ufe, he fhall think fitt for the better Security of the Frontiers Read a fecond time & Ordered a third Reading And then the CouncU Adjourned till Tomorrow morning ten aclock Tuefday December the 8th i 7 1 3 Prefent AS YESTERDAY Ordered That the Clerk of the General Affembly carry the foUowing Meffage from the Governor to the Houfe of Burgeffes M' Speaker and Gentlemen of the Houfe of Burgeffes I have now Ordered [See J. of H. of B., p. 69.] A bUl Entituled An Ad for continuing An Act for appointing Rangers and an Act to continue An Ad for appointing Rangers and for increafing their pay, and alfo to impower the Lievtenant Governor to dif band the Rangers and to apply the pay appropriated for them to any other ufe, he fhall think fitt for the better Security of the Frontiers, Read the third time Refolved That the bill do pafs Ordered That the Clerk of the General Affembly carry the faid BUl to the Burgeffes, and acquaint them that the Council have paffed the fame without any Amendment A bUl Entituled An Ad for Regiftring Births, Chriftnings and Burials Read the fecond time and Committed for Amendments William Cocke Efq' Prefent A Meffage from the Burgeffes to the CouncU by M' Holloway and others who brought a BiU Entituled An Ad declaring what fhall be accounted a fufficient Seating and planting of Lands already granted or hereafter to be taken up and patented, to which they defire the Council's concurrence. A Meffage from the Burgeffes to the CouncU by M' Eskridge and others who brought the Book of Claims, and acquainted the CouncU that the Houfe have agreed to the AUowances propofed by their Hon" to be made in the faid Book of Claims, and that the fame are entered in the fd Book And the fame being examined Ordered That the Clerk of the General Affembly carry the faid book to the Burgeffes and acquaint them that the Council are fatisfyed the faid AUowances are truly inferted, and that they have paffed the fame accordingly. And then the Council Adjourned till Tomorrow morning ten aclock. R Wednefday December the 9th 1 7 1 3 Prefent OBERT CARTER, James Blair, Henry Duke, John Smith, John Lewis Efq" A bill Entituled An Ad declaring what fhall be accounted a Sufficient Seating and planting of Lands already granted, or hereafter to be taken up and patented Read the firft time and Ordered a fecond Reading A (568) A bill Entituled An Ad for regiftring Births Chriftnings and Burials Read the third time with the Amendments Refolved That the bill with the Amendments do pafs Ordered That the Clerk of the General Affembly carry the faid Bill to the Burgeffes and acquaint them that the Council have made fome Amendments thereto, to which they defire the concurrence of that Houfe. A bill Entituled An Ad to impower John Holloway and John Clayton Gent to receive of the Truftees for the City of Williamfburgh, and of all other perfons whatfoever, all moneys by them recieved for Lotts of Land and otherwife for the benefite of the faid City, and the Sum of two hundred and one pounds nine fhillings and nine pence of Robert Carter Efq' and to apply fuch Moneys to certain ufes, Read the fecond time, and Committed for Amendments. And then the Council Adjourned till Tomorrow morning ten aclock. Thurfday December the i oth 1 7 1 3 Prefent TT\OBERT CARTER, James Blair. Henry Duke, John Smith, John Lewis, William f^ Cocke Efq'8 -*- ^- A meffage from the Houfe of Burgeffes to the Council by M' Holloway and others That the Houfe had prepared a Claufe to be added to the BUl to impower John Holloway and John Clayton Gent to recieve of the Truftees for the City of Williamfburgh, and of all other perfons whatfoever all moneys by them recieved for Lotts of Land, and otherwife for the benefite of the faid City, and the Sum of two hundred and one pounds nine fhillings and nine pence of Robert Carter Efquire, and to apply fuch moneys to certain ufes, to which they defire the Council's concurrence; and that if their Hon" do agree thereto, the fame may be added as an Amendment to the BUl, and the Title made conformable thereto. A meffage from the Houfe of Burgeffes to the Council by M' Soane and others, who brought the Book of Proportions of the publick Levy, to which they defire the CouncU 's concurrence. And the faid Book being read, Was agreed unto by the Council, and Ordered That the Clerk of the General Affembly wait on the Governor for his Affent thereto, and then return the fame to the Houfe of Burgeffes. Then the Claufe propofed by the Burgeffes to be added to the BUl Entituled An Ad to impower John Holloway and John Clayton Gent to recieve of the Truftees for the City of Williamfburgh, and of all other perfons whatfoever all moneys by them recieved for Lotts of Land and otherwife for the benefite of the faid City, and the Sum of two hundred and one pounds nine fhillings and nine pence of Robert Carter Efquire, and to apply fuch moneys to certain ufes being read, and agreed to and other Amendments made by the CouncU, The fd Bill was read a third time Refolved That the bill do pafs. Ordered That the Clerk of the General Affembly carry the faid bill to the Burgeffes and acquaint them that the Council have agreed to the Claufe propofed by the Burgeffes to be added thereto, and have made fome Amendments of their own to the faid Bill, to which they defire the concurrence of that Houfe. (569) A bUl Entituled An Ad declaring what fhall be accounted a fufficient Seating and planting of Lands already granted or hereafter to be taken up and patented Read the fecond time, and Committed for Amendments And then the Council Adjourned tiU Tomorrow morning ten aclock Friday December the 1 1 th 1 7 1 3 Prefent ~r\OBERT CARTER, James Blair, John Smith, John Lewis Efq" r^ A Meffage to the CouncU by M' Eskridge and others who brought a BUl -*- V- Entituled An Ad for raifing a publick Levy, and aUo a Refolve of the Houfe concerning money payments, to which they defire the Council's concurrence. And the faid Refolve being read was agreed to, and is as follows Refolved, and accordingly Ordered That the feveral perfons to whom Money Allowances are made in the book of Claims, be paid their refpective Allowances out of the moneys that fhall arife out of the Acts laying Impofitions upon Liquors and Slaves, next after the money appropriated this Seffion for finUhing the Governor's houfe fhall be paid, And that the faid payments be made in the order they ftand in the faid Book of Claims, OrderedThat the Clerk of the General Affembly return the faid Refolve to the Burgeffes, and acquaint them that the CouncU have agreed thereto. A bUl Entituled An Ad declaring what fhall be accounted a fufficient Seating and planting of Lands already granted or hereafter to be taken up and patented. Read the third time with the Amendments. RefolvedThat the biU with the Amendments do pafs. OrderedThat the Clerk of the General Affembly carry the faid BUl to the Burgeffes, and acquaint them that the CouncU agree to the fame, with feveral Amendments, to which they defire the Concurrence of that Houfe. A bUl Entituled An Ad for raifing a publick Levy Read the firft time, and Ordered a fecond Reading Then the Council Adjourned for an hour A ND being mett again A biU Entituled An Ad for raifing a publick Levy Read the fecond time & Ordered a third Reading Then the Council Adjourned for an hour AND being mett again A bill Entituled An Ad for raifing a publick Levy Read the third time Refolved That the Bill do pafs. Ordered That the Clerk of the General Affembly carry the faid BUl to the Burgeffes and acquaint them that the Council have paffed the fame without any Amendm' A Meffage from the Burgeffes to the CouncU by M' Holloway and others, That the Houfe had agreed to the Amendments propofed by their Hon" to the BiU Entituled An Ad to impower John HoUoway and John Clayton Gent to recieve of the Truftees for the City of WUliamfburgh and of all other perfons whatfoever all moneys by them recieved for Lotts of Land and otherwife for fhe benefite of fhe faid City And fhe Sum of Two hundred and (570) and one pounds Nine fhillings and nine pence, of Robert Carter Efquire, and to apply fuch moneys to certain ufes; Alio to the Amendments propofed by theu* Hon" to the Bill Entituled An Ad for regiftring Births Chriftnings and Burials; And aUo to the Amend ments propofed by their Hon" to the BUl Entituled An Ad declaring what fhall be accounted a fufficient Seating and planting of Lands already granted or hereafter to be taken up and patented, and had inferted them in the faid BUl And then the Council Adjourned till Tomorrow morning ten aclock. Saturday December the i 2th i 7 1 3 Prefent THE Governor, Robert Carter, James Blair, John Smith, John Lewis 8c William Cocke Efq" A Meffage from the Houfe of Burgeffes to the CouncU by M' Littlebury Epes and others, who brought the inrolled Bills paffed this Seffion, for the Council's perufal. And the faid BUls being examined Ordered That the Clerk of the General Affembly carry the fame to the Houfe of Burgeffes, and acquaint them that the Council have perufed the fame, and are fatisfyed they are truly inroUed. OrderedThat the Clerk of the General Affembly go to the Houfe of Burgeffes, and command their immediate Attendance on the Governor in the Council Chamber, and that they bring with them fuch bills as are ready for his Affent, The Houfe of Burgeffes attending accordingly The Governor was pleafed to give his Affent to the foUowing BUls, Viz [For the 12 enumerated Adts, fee J. of H. of B., p. 73.] Then the Governor made the following Speech Gentlemen of the Council and Houfe of Burgeffes, Such has been the concurrence and good Agreement between us during this Seffion; Such has been your zeal to prevent Frauds and better the publick Credit in tune to come, Such apparently juft meafures have you faUen into, to revive your Trade, and fuch Tef timonys have you given me of the Confidence You place in my honefty and Conduct, that I am now come with great Satisfaction and thankfuUnefs to conclude this Seffion, and earneftly to recommend to you all to put a helping hand to the new Method the Country is now entering upon. 'Tis the univerfal Clamour of both the Planters and Merchants that your Tobacco Trade upon the prefent Foot can no longer be borne, and you, Gentlemen, have unani moufly (I think) declared that it is high time to apply fome Remedy, and have moft generally agreed to thefe ways and means which We have now Enacted; I therefore promife myfelf that you will aU endeavour to make people in your refpective Countys truly fenfible, what they gain by this new and extraordinary Law. Your Love to your Country cannot be more confpicuoufly fhewn, than by laying hold of Occafions to relieve it in its Diftrefs, and thofe I muft judge to have the beft Title to the favours I am impowered to difpenfe, who can dUcern the true intent of their Country, and wUl boldly and honeftly labour to promote it As for my part I can difcover nothing but benefites accruing to this Colony, by the new Courfe you are going to take with your Tobacco, And U it is likely that you wUl reap the Advantage, I hope no one wiU envy me the honour of the Project. I know, the Seafon of the year makes you all defirous of returning home; And there fore I now prorogue this Affembly, and it ftands prorogued to the tenth day of May next. AT A GENERAL ASSEMBLY begun at the Capitol the 2 2d day of October 17 12 in the Eleventh Year ofthe Reign of her late Majefty Queen Anne, Thence continued by feverall prorogations and there held the 1 6th day of November in the firft Year of the Reign of our Sovereign Lord George by the Grace of God of Great Britain, France and Ireland King Defender of the Faith &c Annoq3 Domini 1 7 1 4 [Prom the Public Record Office, London, Colonial Office, Clafs 5, Vol. 1406.] At a General Affembly begun at the Capitol the 2 2d day of October 17 12 in the Eleventh Year of the Reign of her late Majefty Queen Anne, Thence continued by feverall proro gations and there held the 1 6th day of November in the firft Year of the Reign of our Sovereign Lord George by the Grace of God of Great Britain, France and Ireland King Defender ofthe Faith &c Annoq3 Domini 17 14 [November the 1 6th, 171 4.] Prefent /AMES BLAIR, Phillip Ludwell, William Cocke, Robert Porteus Efq" A CommUfion from the Honble the Liev' Governor directed to William Cocke Nathaniell Harrifon, Mann Page 8c Robert Porteus Efq" or any two of them to adminUter the Oaths appointed by Law to the Burgeffes and officers of this Affembly was prefented and read. William Robertfon Clerk of the General Affembly took the Oaths appointed by Act of Parliament to be taken inftead of the Oaths of AUegience and Supremacy, The abjuration Oath mentioned in the Act of Pariiam' made in the Sixth Year of the Reign of her late Majefty, Subfcribed the Teft, and took the Oath for the due Execution of his Office. And then the CouncU Adjourn'd till Tomorrow morning ten aclock Wednefday November the 17th 17 14 Prefent THE Governor, James Blair, Phillip Ludwell, William Cocke, Nath" Harrifon, Mann Page 8c Robert Porteus Efq" Ordered That the Clerk of the General Affembly go to the Houfe of Burgeffes and Acquaint them that the Governor commands their immediate Attendance on him in the CouncU Chamber. The Houfe of Burgeffes accordingly attending the Governor was pleafed to make the Following fpeech Gentlemen of the Council and Houfe of Burgeffes We now meet [See J. of H. of B., 1712-1726, pp. 79-80.] Then the Burgeffes withdrew The petition of James Adams praying his ufual Allowance as Interpreter to the Pamunkey and Chickahominy Indians Read and Referred to the Confideration of the Houfe of Burgeffes A meffage to the Governor by M' Waller and others defiring a new Writt for eledting a Burgefs for King WiUiam County in the room of M' Fox deceafed, and another for Eliza"* City in the room of M' Nich" Curie deceafed. It is ordered Accordingly That a new Writt do Iffue for each of the fd Countys Refpedtively. And then the CouncU Adjourned tUl Tomorrow morning 10 aclock Thurfday (574) Thurfday November the i 8th 1 7 1 4 Prefent THE Governor, James Blair, Phillip Ludwell, John Lewis, William Cocke, Nathaniel Harrifon, Man Page, Robert Porteus Efq" A petition of fundry Inhabitants of Gloucefter County & Others, and A petition of William Brown of Surry County were prefented and read praying that Liberty may be Given for the Exportation of Cutt Tobacco & of Stemmed tobacco without tying it up in bundles. Ordered That the faid petitions be referred to y6 Confideration of the Houfe of Burgeffes The Grievances of Sundry Inhabitants of the County of Middlefex Read & Referred to the Confideration of the Houfe of Burgeffes. A meffage to the Council by M' Holloway and others that the Houfe of Burgeffes upon confideration of the Governors fpeech have unanimoufly Refolved to addrefs his Majefty upon his happy Acceffion to the Throne, and defire the CouncU to joyne with them therein, and that they will appoint fome of their members to joine with the Bur geffes in preparing the faid Addrefs Refolved That the CouncU wUl joine with the Houfe of Burgeffes in an humble Addrefs to his Majefty to congratulate his happy acceffion to the Crown OrderedThat M' Commiffary Blair, M' Secretary Cocke 8c Robert Porteus Efq' be appointed a Committee to prepare the faid Addrefs in conjunction with fuch perfons as the Houfe of Burgeffes fhaU Appoint OrderedThat the Clerk of the General Affembly go to the Houfe of Burgeffes and Acquaint them that the CouncU have refolved to joine with that Houfe in Addreffing his Majefty, and that they have appointed three of their members to meet fuch a number of the Burgeffes as the Houfe fhaU think fitt to appoint tomorrow at ten aclock in the morning in the Conference Room for preparing the fd Addrefs And then the Council Adjourned tUl to morrow morning io Aclock. Friday November the 1 9th 1714 Prefent THE Governor, James Blair, Phillip Ludwell, John Lewis, William Byrd, WUliam Cocke, Nathaniell Harrifon, Mann Page 8c Robert Porteus Efq" Several Propofitions and Grievances from the County of James City and A Propofition from the County of Charles City Were Severally Read and Referred to the Confideration of the Houfe of Burgeffes The feverall Propofitions and Grievances of the Inhabitants of King and Queen County were read & Referred to the Confideration of the Houfe of Burgeffes. And then the Council Adjurned till to morrow morning 10 aclock. Saturday November the 2 oth 1 7 1 4 Prefent THE Governor, James Blair, Phillip Ludwell, John Lewis, William Byrd, Nathaniel Harrifon, Mann Page 8c Robert Porteus Efq" The petition of M' Secretary Cocke for his ufual aUowance for Ufuing two Writts for electing Burgeffes to ferve in this Affembly, and The petition of Chicheley Corbin Thacker praying his ufuaU AUowance as Clerk of the Secretarys Office may be Levyed for him Were feverally read and referred to the Confideration of the Houfe of Burg8 A (575) A Meffage from the Houfe of Burgeffes to the CouncUl by M' Holloway 8c Others that the members appointed by the CouncU and that houfe had prepared an Addrefs to his Majefty w6" having been reported in that houfe was agreed to and that they were Commanded to Leave the Addrefs with the CouncU and defire their Concurrence thereto The Addrefs to his Majefty prepared by the Committee of CounceU and Burgeffes was read and Agreed to and is as follows To fhe Kings moft Excellent Majefty May it pleafe Your Majefty Since it hath pleafed [See J. of H. of B., pp. 87-88.] OrderedThat the faid Addrefs be fairly tranfcribed and Signed by the CouncUl And then the Councill adjourned till Munday morning 10 aclock. J Munday November the 2 2d 17 14 Prefent AMES BLAIR, Philip Ludwell, John Lewis, William Byrd, Nath' Harrifon, Robert Porteus Efq" The CouncU mett & Adjourned tUl Tomorrow morning ten aclock Tuefday November 23d 17 14 Prefent /AMES BLAIR, Phillip Ludwell, John Lewis, WiUiam Byrd, Nathaniell Harrifon Robert Porteus Efq" The CouncU having figned the Addrefs to his Majefty Ordered That the Clerk of the General Affembly return the fd Addrefs to the Houfe of Bur geffes and acquaint them that the Council having figned the fame, have fent it back to be figned by their Houfe. And then the Council Adjourned tUl Tomorrow morning 10 aclock. Wednefday November 24th 17 14 Prefent THE Governor, James Blair, Phill Ludwell, Jn" Smith, Jn" Lewis, Wm Byrd, William Cocke, Nath' Harrifon, Robert Porteus Efq'8 A meffage to the CouncU by M' Holloway 8c others that the Burgeffes have figned the Addrefs to his Majefty, and defire a Conference with the CouncU upon fomething relating to the faid Addrefs. Refolved That the CouncU do Agree to the faid Conference immediatly and that the perfons who affifted in fraiming the fd Addrefs be Appointed Conferrees for the CouncU OrderedThat the Clerk of the General Affembly go to the Houfe of Burgeffes and acquaint them that the CouncU have Agreed to the Conference defired by their Houfe upon fome thing relating to the Addrefs to the King, and that they have Appomted three of their members to manage the fame on behalf of the Council who are now ready in the Con ferrence room. Then (576) Then the managers went to the Conferrence And being returned M' CommUfary Blair reported that the Burgeffes had Acquainted them that it was their Opinion that the Addrefs be prefented to the Governor by the CouncUl and the whole Houfe of Burgeffes and that as the Addrefs had its firft RUe in their houfe, they judge it moft proper for their Speaker to prefent the fame; and thereupon the Conferrees defired Inftructions from the Council what anfwer to return to the Burgeffes upon that head. Whereupon the CouncU entering into debate thereon Refolved That it be an Inftruction to the Conferrees of the CouncU that they acquaint the Burgeffes that U the Governor fhall appoint the CouncU Chamber for recieving the Addrefs to the King the Council Do Agree that it be prefented by the fpeaker of the Houfe of Burgeffes, the Council ftanding up in their places, but if his Hon' fhaU be pleafed to be attended at the Pallace that then the faid Addrefs be prefented by the Senior CouncUlor Then the Managers went again to the Conference And being returned Reported that the Burgeffes agreed to the manner propofed by the Council for prefenting the Addrefs to his Majefty, unto the Governor. OrderedThat the Clerk of the GeneraU Affembly go to the Houfe of Burgeffes and Acquaint them that the Council have Appointed three of their members to joine fuch a number of the Burgefs as the Houfe fhall think fitt to wait on the Governor and know when and where he will be attended with the faid Addrefs. The Committee of the CouncU & Burgeffes waited on the Governor in the CouncU Chamber, and by M' ComUfary Blair defired to know when and where they fhaU attend his Hon' to prefent an Addrefs to his Majefty on his happy Acceffion to the Throne To which the Governor was pleafed to anfwer that he fhould be ready to recieve the fame Tomorrow at ten in the morning, in the Council Chamber And yn the Council Adjourned till Tomorrow morning io aclock Thurfday November the 2 5th 1 7 1 4 prefent AS YESTERDAY The Houfe of Burgeffes attending The fpeaker after a fhort Speach prefented to the Governor the Addrefs of the CouncU & Burgeffes, and defired His Hon" favour to convey it to his Majeftys hands. To which the Governor anfwered Gentlemen I fhall always with a great deal of readinefs and Pleafure convey to his Majefty aU thofe Teftimonys you fhall give of your Loyalty. Then the Houfe of Burgeffes withdrew A meffage to the Governor by M' Holloway that the Burgeffes had prepared an Addrefs to his Hon', and defired to know when and where they fhaU attend with their fpeaker to prefent the fame. To which the Governor anfwered he was ready now to recieve it in the Council Chamber The Houfe attending M' (577) M' Speaker read and prefented the following Addrefs To the Hon"' Alexander Spotfwood His Majefties Lievtenant Governor of Virginia The Humble Addrefs of the Houfe of Burgeffes May it pleafe your Hon' We think our Selves [See J. of H. of B., pp. 89-90.] To which the Governor made anfwer M' Speaker and Gentlemen of the Houfe of Burgeffes I'm glad to find [See J. of H. of B., p. 91.] And then the Council adjourned till to morrow morning ten aclock y Friday Novemr the 2 6th 1 7 1 4 Prefent AMES BLAIR, Phillip Ludwell, John Smith, John Lewis, William Byrd, William Cocke, Nathaniel Harrifon, Mann Page and Robert Porteus Efq" The CouncU mett and Adjourned tUl Tomorrow morning 10 aclock T Saturday Novemr 27 th 17 14 Prefent HE fame as yefterday Except CoU0 Harrifon The CouncU mett and Adjourned till Munday morning 10 aclock Munday November the 2 9th 1714 Prefent THE Governor, James Blair, Phillip Ludwell, Wm Byrd, William Cocke, Mann Page, Robert Porteus Efq" A meffage from the Burgeffes to the Council by M' HoUoway and others who brought a bUl Entituled An Ad to prevent fhe malicious burning Or deftroying fhe publick Storehoufes of Tobacco Agents; and aUo a BUl Entituled An Ad to prevent hoggs rooting within the City of Williamfburgh and certain adjacent places, To which they defire the Councils Concurrence John Lewis Efq' prefent A BUl Entituled An Ad to prevent the malicious burning or deftroying the publick Storehoufes of Tobacco Agents and A Bill Entituled An Ad to prevent hoggs rooting within fhe City of WUliamfburgh and certain adjacent places Were read the Firft tune and Ordered a fecond Reading And then the CouncU Adjourned tUl Tomorrow morning ten aclock Tuefday November the 3 oth 1 7 1 4 Prefent T\OBERT CARTER, James Blair, Phillip Ludwell, John Smith, John Lewis, f\ William Byrd, William Cocke, Mann Page 8c Robert Porteus Efq" -*. \. A BUl Entituled An Ad to prevent the malicious burning or deftroying the publick Storehoufes of Tobacco Agents and A BUl Entituled An Ad to prevent hoggs rooting within the City of Williamfburgh and certain adjacent places i Were (578) Were read the fecond time and Committed for Amendments Prefent The Governor A Petition of M' Samuel Boufh a Tobacco Agent for the County of Norfolk Read and referred to the Confideration of the Houfe of Burgeffes And then the CouncU Adjourned till Tomorrow morning io aclock A Wednefday Decern1"^ firft 17 14 prefent YESTERDAY The CouncU mett and Adjourned tiU Tomorrow morning 10 aclock Thurfday December ye 2d 17 14 Prefent THE Governor, Robert Carter, Phillip Ludwell, John Smith, John Lewis, William Byrd, WiUiam Cocke, Nath' Harrifon, Mann Page 8c Robert Porteus Efq" A meffage from the Burgeffes to the Council by M' Holloway and others who brought the Following BUls Viz' A BiU Entituled An Ad for Continuing An Ad Ent* An Act for preventing Frauds in Tobacco payments and for the better improving the Staple of Tobacco. A BUl Entituled An Ad to oblige Owners and Occupiers of Mills to which publick roads fhall lead to make fhe Damms of fuch Mills ten foot wide at fhe top. A BUl Entituled an Ad to repeal part of An Ad Entituled An Act giving a Reward for Killing of Wolves, and for leffning fuch reward. And a BUl Entituled An Ad for dividing the Countys of Charles City and James City by the River Chickahominy, to which they defire the CouncUs Concurrence. A Bill Entituled An Ad to prevent fhe malicious burning or deftroying fhe publick Storehoufes of the Tobacco Agents and A Bill Entituled An Ad to prevent Hoggs rooting within fhe City of WUliamf burgh and certain Adjacent places Were feveraUy Read the third time with their Amendments Refolved That the faid two BiUs do pafs as amended Ordered That the Clerk of the General Affembly carry the faid two Bills to the Houfe of Burgeffes 8c acquaint them that the CouncU have paffed them with Several Amendments to which they defire the Concurrence of that houfe A BUl Entituled An Ad for continuing An Ad Entituled An Act for preventing frauds in Tobacco payments, and for the better improving the ftaple of Tobacco, A Bill Entituled an Ad to oblige Owners and Occupiers of Mills to which publick Roads fhall lead to make the damms of fuch Mills ten foot wide at the Top. A BUl Entituled An Ad to repeal part of An Ad Entituled An Act giving a Reward for killing of Wolves : And for leffning fuch Reward, and A Bill Entituled An Ad to divide the Countys of Charles City and James City by the River Chickahominy Were Severally Read the Firft time and Ordered a fecond reading And then the Council Adjourned tiU Tomorrow morning 10 aclock Friday (579) Friday December the 3 d 17 14 Prefent TTXOBERT CARTER, James Blair, Phillip Ludwell, John Smith, John Lewis, r^ William Byrd, William Cocke, Nathaniel Harrifon, Mann Page 8c Robert JL V Porteus Efq" M' Emanuel Jones with Seven other Gentlemen of the Clergy of this Colony attending the CouncU, The faid M' Emanuel Jones fpoke as follows May it pleafe your Hon" We are fent from the convention of the Clergy to return your Hon" their humble thanks for your conftant favours to the Clergy of this Dominion, more particularly for the Law to prevent Frauds in Tobacco payments, by which we are fenfible our Sallarys become much more valuable, We beg the Continuance of the fame Favours to our Body, And pray God to blefs with Succefs aU your confultations To which CoU0 Carter anfwered Reverend Gentlemen I am defired in the Name of the Council to return you their thanks for your acknowl edgments upon this Occafion. In the part We had in the Tobacco Law We defigned the general benefite of all Orders of men in the Government, it is no fmaU Satisfadtion to us that the Clergy think their Sallarys fo confiderably mended by it, and we hope in It's Execution twUl be found a very beneficial Law to all the Country in GeneraU A BiU Entituled An Ad to continue an Ad Entituled An Act for preventing Frauds in Tobacco payments, and for the better improving the Staple of Tobacco A BUl Entituled An Ad to Oblige Owners and Occupiers of Mills to which publick roads fhall lead to make the damms of fuch Mills ten foot wide at the Top. and A BUl Entituled An Ad to repeal part of an Ad Entituled An Adt Giving a Reward for kiUing of Wolves; and for Leffning fuch Reward Were feveraUy Read the Second time and Committed for Amendments Upon a motion made Ordered That the inhabitants of James City County be heard on Tuefday next before the BUl for dividing Charles City County be read the fecond tune And then the CouncU Adjourn'd tUl Tomorrow morning ten aclock A Saturday December the 4th 1714 Prefent S YESTERDAY The Council mett and Adjourned tUl Munday morning 10 aclock Munday December the 6th 1714 A BILL Entituled An Ad to oblige Owners & Occupiers of Mills to which publick roads fhall Leed to make the damms of fuch Mills 10 foot wide at the Top, and A BUl Entituled an Ad to repeal part of an Ad Entituled An Adt giving a Reward for killing of Wolves, and for leffning fuch Reward Were SeveraUy read the third time with their Amendments Refolved That the faid two BiUs do pafs as amended Ordered That the Clerk of the General Affembly carry the faid two BiUs to the Burgeffes and Acquaint them that the CouncU have paffed them with feveral amendments, to which they defire the Concurrence of that Houfe (58o) A meffage from the Burgeffes to the Council by M' Buckner and others who brought a BUl Entituled an Ad to prevent hoggs belonging to the Inhabitants of York Town going at Large within the Limits of the faid Town to which they defire the Councils Concurrence, And the faid BUl was read the Firft time and Ordered a fecond Reading And then the CouncU Adjourned tUl Tomorrow morning io aclock Tuefday December the 7th 1714 Prefent THE Governor, Robert Carter, Phillip Ludwell, John Smith, John Lewis, William Byrd, William Cocke, Nathaniel Harrifon, Robert Porteus Efq" A Meffage from the Burgeffes to the CouncU by M' Holloway and others that the Burgeffes have agreed to the Amendments propofed by their Hon" to the BUl Entituled An Ad to prevent the malicious burning or deftroying the publick Storehoufes of Tobacco Agents, aUo to their Hon" Amendments to the BUl Entituled An Ad to prevent hoggs rooting within the City of Williamfburgh and certain adjacent places and had inferted them therein. Ordered That the Clerk of the General Affembly Endorfe on the fd BiUs that they are paffed as amended The Amendments to the Bill Entituled An Ad for continuing An Ad Entituled An Adt for preventing frauds in Tobacco payments, and for the better improving the Staple of Tobacco, being confidered, fome were agreed to, and others difagreed to, And then the faid BiU with the Amendments Agreed on was read the third tune Refolved That the BUl with the Amendments do pafs Ordered That the Clerk of the General Affembly carry the faid BUl to the Burgeffes and acquaint them that the CouncU have paffed the fame with feveral Amendments to which they defire the Concurrence of that Houfe. A BUl Entituled An Ad to prevent Hoggs belonging to the Inhabitants of York town going at Large within the Limits of the faid Town Read the 2d time & Committed for Amendments A meffage to the Council by M' Holloway and others that the Burgeffes have agreed to the Amendments propofed by theu* Hon" to the Bill Entituled An Ad to repeal part of an Act giving a Reward for killing of Wolves and for leffning fuch Reward: Alio to their Hon" Amendments to the Bill Entituled An Ad to Oblige Owners df Occupiers of Mills to which publick roads fhall Leed to make the damms of fuch Mills ten foot wide at the Top, And had inferted them therein Ordered That the Clerk of the General Affembly Endorfe on the faid BUls that they are paffed as amended And then the Council Adjourned till Tomorrow morning io aclock Wednefday December the 8th 1 7 1 4 Prefent TXOBERT CARTER, James Blair, Phillip Ludwell, John Smith, John Lewis, r^ William Byrd, William Cocke, Nathaniel Harrifon, Robert Porteus Efq" -*- •> A meffage to the CouncU by M' Holloway and others That the Burgeffes have agreed to fome of the Amendments propofed by their Hon" to the BUl Entituled An Ad for continuing An Ad Entituled An Act for preventing frauds in Tobacco payments, (5»i) payments, and for the better improving the Staple of Tobacco, and to others have dis agreed, and defire the Council to pafs the BUl without the Amendments dUagreed to by their Houfe. And then the CouncU Adjourned tUl Tomorrow morning io aclock. Thurfday December the 9th 1 7 1 4 Prefent AS YESTERDAY The Amendments difagreed to by the Burgeffes to the BUl Entituled An Ad for Continuing An Ad Entituled An Act for preventing Frauds in Tobacco payments and for the better improving the ftaple of Tobacco, being confidered RefolvedThat the Councel do recede from fuch of their Amendments to the faid BUl as are dUagreed unto by the Houfe of Burgeffes. and OrderedThat the Clerk of the General Affembly return the faid BUl to the Burgeffes and acquaint them therewith. A BUl Entituled An Ad to prevent Hoggs belonging to fhe Inhabitants of York Town going at large within fhe Limits of fhe faid Town Read the Third time with the Amendments Refolved That the BUl with the Amendments do pafs Ordered That the Clerk of the General Affembly carry the fd Bill to the Burgeffes and acquaint them that the CouncU have paffed the Same with Several Amendments to which they defire the Concurrence of that Houfe A BUl Entituled An Ad to divide the Countys of Charles City and James City by fhe River Chickahominy Read the fecond time and Committed for amendments to M' Commiffary, CoU° Ludwell, Coll° Byrd & Coll° Harrifon. Ordered That the Clerk of the General Affembly carry the following Meffage from the Gov ernor to the Houfe of Burgeffes M' Speaker and Gentlemen of the Houfe of Burgeffes By the Memorial which [See J. of H. of B., p. ioo.] And then the Council Adjourned tUl Tomorrow morning io aclock Friday December the 1 oth 1 7 1 4 Prefent AS YESTERDAY Ordered That the Clerk of the General Affembly carry the Following Meffage from the Governor to the Houfe of Burgeffes M' Speaker and Gentlemen of fhe Houfe of Burgeffes The Revenue appropriated [See J. of H. of B., p. 101.] And then the Council Adjourned till Tomorrow morning io aclock Saturday A (582) Saturday December the 11th 17 14 Prefent YESTERDAY The CouncUl mett and Adjourned tUl Munday Morning io aclock Munday December the 13th 17 14 Prefent TTmOBERT CARTER, James Blair, John Smith, John Lewis, WiUiam Byrd, r^ William Cocke, Mann Page 8c Robert Porteus Efq" -*¦ V. A meffage to the Council by M' Holloway and others that the Burgeffes have inferted the Amendments agreed on in the Bill Entituled An Ad for continuing An Ad Entituled An Adt for preventing Frauds in Tobacco payments and for the better improving the ftaple of Tobacco. OrderedThat the Clerk of the General Affembly endorfe on the faid BUl that it is paffed as amended. And then the Council adjournd tUl Tomorrow morning io aclock Tuefday December ye 1 4th 1 7 1 4 Prefent THE Governor, and the fame CouncU as Yefterday except Coll° Ludwell OrderedThat the Clerk of the General Affembly carry y6 following Meffage from the Governor to the Houfe of Burgeffes M' Speaker and Gentlemen of fhe Houfe of Burgeffes You know that [See J. of H. of B., p. 103.] A BUl Entituled An Ad to divide fhe Countys of Charles City and James City by fhe River Chickahominy Read the third tune with the Amendments Refolved That the BUl with the amendments do pafs OrderedThat the Clerk of the General Affembly carry the faid BiU to the Houfe of Burgeffes and acquaint them that the CouncU have paffed the fame with feveral Amendments to which they defire the Concurrence of that Houfe A meffage from the Burgeffes to the Council by M' Boufh and others who brought A Bill Entituled An Ad for altering the day for Princefs Anne County Court and the day for Effex County Court to which they defire the CouncUs Concurrence And the faid Bill was read the firft time and Ordered a Second Reading A meffage to the CouncU by M' Buckner and others who brought the BiU Entituled An Ad to prevent Hoggs belonging to the Inhabitants of York town going at large within the Limits of the faid Town, and Acquainted the Council that the Burgeffes had agreed to fome of their Hon" Amendments to the faid BUl and to others had difagreed, and defired the CouncU to pafs the faid BUl without the Amendments dUagreed to by their Houfe Refolved That the CouncU do not infift on fuch of their Amendments to the faid BiU as are difagreed to by the Houfe of Burgeffes, and Ordered That the Clerk of the General Affembly return the faid BUl to the Burgeffes and Acquaint them therewith And then the Council Adjourned tiU Tomorrow morning 10 aclock Wednefday (583) Wednefday December the 15th 17 14 Prefent AS YESTERDAY A meffage from the Burgeffes to the Council by M' Goodrich and others who brought a BiU Entituled an Ad to divide thofe parts of fhe parifhes of Briftol Weftover df Weyanoak which ly on the S" fide James and Appomatox Rivers from thofe parts of the f* Parifhes which ly on the North fide the faid Rivers, and to make Prince George County two entire parifhes to which they defire the CouncUs Con currence And the faid BUl was read the firft time and Ordered a fecond reading A meffage to the Council by M' Holloway and others that the Burgeffes had paffed a BUl Entituled An Ad to exempt certain German Proteftants from the payment of Levys for Seven Years and for Ereding the parifh of S' George, aUo a BUl Entituled An Ad to fupply the Defeds in An Adt for laying a duty on Liquors & Slaves, To which they defire the CouncUs Concurrence. AUo that upon confideration of the Amendments to the BiU for dividing the Countys of Charles City and James City by the River Chickahominy the Burgeffes had dUagreed thereunto, And defired the Council to pafs the faid BUl without thofe amendments to which they have dUagreed, Then the faid two BUls Were Read the firft time and Ordered a fecond Reading A Meffage from the Houfe of Burgeffes to the Council by M' Holloway and others who brought a BUl Entituled An Ad for relief of perfons who by reafon of the drought of laft Summer have made fmall quantitys of Corn & Tobacco and who for want of Opportunity of Shipping have great Quantitys of Old Tobacco now by them, and for punifhing perfons who fhall Carry any hogfhead of Tobacco not f tamped, out of this Colony, to which they defire the CouncUs Concurrence Upon confideration of the Amendments to the BUl to divide the Countys of Charles City and James City by the River Chickahominy Refolved That the Council do infift upon their Amendments to the faid BUl. OrderedThat the Clerk of the General Affembly go to the Houfe of Burgeffes and acquaint them that the Council cannot recede from their Amendments to the faid BUl, and defire the Burgeffes to pafs the BUl as amended. A BUl Entituled An Ad for relief of perfons who by reafon of the drought of laft Summer have made fmall Quantitys of Corn df tobacco, and who for want of Opportunity of Shipping have great Quantitys of old Tobacco now by them, and for punifhing perfons who fhall carry any hogfhead of Tobacco not f tamped out of this Colony Read the firft time & Ordered a fecond Reading A Meffage to the Governor by M' Holloway and others that the Burgeffes have taken into Confideration His Hon" meffage of the 14th inftant and are preparing a fuitable anfwer thereto A meffage to the Governor by M' Merriweafher and others who brought an Addrefs of the Houfe of Burgeffes in anfwer to the Governors meffage of the io'h inftant, and the fame was read and is as follows To fhe HonbU Alexander Spotfwood His Majeftys Liev' Governor of Virginia May it pleafe Your Hon' We his Majeftys moft Loyal [See J. of H. of B., p. 105.] And then the CouncU Adjourned till Tomorrow morning 10 aclock Thurfday (584) Thurfday December the 1 6th 1 7 1 4 Prefent AS YESTERDAY A BUl Entituled An Ad to exempt certain German Proteftants from the payment of Levys for feven Years, and for Ereding the parifh of S' George Read the fecond time & Committed for Amendments A meffage from the Burgeffes to the CouncU by M' John Robinfon and others who brought a BUl for Continuing An Act Entituled An Ad for Security and defence of the Country in times of danger; alio a Bill for Continuing An Act Entituled An Ad for prevention of abufes in Tobacco fhipp'd on freight to wcb they defire the CouncUs Concur rence And the faid Bills were read the firft time and Ordered a fecond Reading Ordered That the Clerk of the General Affembly carry the following meffage from the CouncU to the Houfe of Burgeffes M' Speaker and Gentlemen of the Houfe of Burgeffes Upon confideration [See J. of H. of B., p. 106.] A meffage from the Burgeffes to the CouncU by M' Holloway and others that upon Confideration of their Hon" meffage they have appointed Six of their Members as a Committee to meett a Committee of the Council on the Subject matter of the faid Meffage RefolvedThat a Committee be appointed to meet the Committee of the Burgeffes and a Committee was appointed accordingly OrderedThat the Clerk of the General Affembly go to the Houfe of Burgeffes and acquaint them That the CouncU have appointed three of their Members to meet the perfons appointed by that Houfe for drawing up an Addrefs to his Majefty upon the Subject matter of their meffage this day, who wUl be ready at three of the Clock in the Conference room. A Meffage from the Burgeffes to the Governor by M' Holloway and others who brought the following Addrefs To the Honble Alexander Spotfwood His Majeftys Lievtenant Governor of Virginia The Humble Addrefs of the Houfe of Burgeffes May it pleafe your Honour The many proofs you have [See J. of H. of B., p. 107.] To which the Governor was pleafed to Anfwer This is fuch an Addrefs that I fhall fend the Houfe an Anfwer to it in writing A Bill Entituled An Ad to divide thofe parts of the parifhes of Briftol Weftover df Weyanoak which ly on the South fide of James and Appomattox Rivers from thofe parts of the faid Parifhes which ly on the North fide the faid Rivers, and to make Prince George County two Entire Parifhes A Bill Entituled An Ad for relief of perfons who by reafon of the drought of laftfummer have made fmall quantitys of Corn and Tobacco, and who for want of Opportunity of Ship ping have great Quantitys of old tobacco now by them, and for punifhing perfons who fhall Carry any hogfhead of Tobacco not Stamped out of this Colony, and A BUl Entituled An Ad for altering the day for Princefs Anne County Court and the day for Effex County Court Were feverally Read the fecond time, and Committed for Amendments And then the Council Adjourned till Tomorrow morning 10 aclock. Friday (585) Friday December the i 7th 1 7 1 4 Prefent THE Governor, Robert Carter, James Blair, Phillip Ludwell, John Smith, John Lewis, William Byrd, Mann Page, Robert Porteus Efq" Ordered That the Clerk of the General Affembly carry the foUowing written meffage from the Governor to the Houfe of Burgeffes in anfwer to their Addrefs Yes terday M' Speaker and Gentlemen of fhe Houfe of Burgeffes The Addrefs you fent me [See J. of H. of B., p. 108.] A meffage from the Burgeffes to the Council by M' Chriftopher Robinfon and others who brought a BUl Entituled An Ad to prevent hoggs going at large in the County of Middlefex, to which they defire the CouncUs Concurrence. And the faid BUl was read the firft time and Ordered a fecond reading A BUl Entituled An Ad to exempt certain German Proteftants from the payment of Levys for feven Years, and for ereding fhe Parifh of S' George, and A biU Entituled An Ad for altering fhe day for Princefs Anne County Court and the day for Effex County Court Were Severally Read with their Amendments Refolved That the faid two BUls do pafs as amended Ordered That the Clerk of the General Affembly carry the faid two BUls to the Burgeffes and Acquaint them that the CouncU have paffed them with Several Amendments to which they defire the Concurrence of that Houfe The Committee appointed by the CouncU Reported that they had together with the Members appointed by the Burgeffes drawn up an Addrefs to His Majefty upon the Subject matter of the Councils meffage of Yefterday : And alfo another Addrefs to the Governor to SoUicit his Hon" favour in getting the fame prefented to His Majefty: And the faid two Addreffes bemg Read and Agreed to were figned by the Council and are as foUows To fhe Kings moft Excellent Majefty The humble Addrefs of the CouncU and Burgeffes of Virginia We your Majeftys moft Loyal [See J. of H. of B., p. 109.] To fhe HonbU Alexander Spotfwood His Majeftys Lievtenant Governor of Virginia The humble Addrefs of the Council and Burgeffes of the prefent General Affembly May it pleafe your Honour The Experience we have ... . [See J. of H. of B., pp. 109-110.] OrderedThat the Clerk of the General Affembly carry the faid two Addreffes to the Houfe of Burgeffes and acquaint them that the CouncU have Signed them, and have fent them to be Signed by their Houfe alfo. Ordered That the perfons who prepared the Addreffes wait on the Governor to know when and where he will be attended to recieve the faid Addreffes And then the CouncU Adjourned till Tomorrow morning 10 aclock Saturday (586) Saturday December ye 1 8th 1714 Prefent T\OBERT CARTER, James Blair, Philip Ludwell, John Smith, John Lewis, r^ William Byrd 8c Mann Page Efq" -*- »» The Committee appointed Yefterday to wait on the Governor Reported that they had Accordingly waited on his Hon' at the Palace to know when and where he would be attended with the Addreffes prepared by the CouncU and Burgeffes to the King and himfeU, and that the Governor faid, I underftand this Addrefs has its Rife from the CouncU, and U there be any honour in prefenting it, tis fitt they fhould have it, And therefore I appoint this place between ten and Eleven tomorrow forenoon. Accordingly the CouncU with the Burgeffes went to attend the Governor and being Returned Robert Carter Efq' Reported that they prefented to the Governor the Addrefs to the King in Relation to the Quitt Rents and alfo the Addrefs to the Governor himfelf and that his Hon' Returned the foUowing anfwer I asked of you Gentlemen of the Houfe of Burgeffes fome fupply towards the Sup port of the Government of this your Country, and fince you Gentlemen of the Council have Concurred with the Burgeffes in giving nothing but this Addrefs I take it as a final anfwer to all my meffages on that fubject — I fhall only make this Remark, That notwithftanding the many Extraordinary Events during my adminUtration aU the Levys you have laid on the people Scarce Equal the Charge of your fitting, Tis from your Sovereign that you are to Expect an anfwer to this Addrefs, and I fhall according to your defire Tranfmitt. A meffage to the Council by M' HoUoway that the Burgeffes adhere to the BUl for dividing the Countys of Charles City and James City by the River Chickahominy without any amendments, and defire the CouncU to pafs the fame accordingly RefolvedThat the Council do adhere to their Amendments to the faid BUl A meffage to the CouncU by M' Holloway and others who brought a BUl Entituled An Ad for the better Regulation of the Indian Trade, to which they defire the CouncUs Concurrence And the faid Bill was read the firft time and Ordered a fecond Reading A Bill Entituled An Ad to fupply the defeds in an Ad Entitul* An Act for Laying a duty on Liquors & Slaves Read the fecond time and Committed for Amendments And then the Council Adjourned till Munday morning 10 aclock Munday December the 2 oth 1 7 1 4 Prefent /AMES BLAIR, Philip Ludwell, John Lewis, William Cocke, Mann Page & Robert Porteus Efq" A BUl Entituled An Ad to continue An Ad Entituled An Adt for prevention of Abufes in Tobacco fhipp'd on Freight Read the fecond time and Ordered a third Reading A Bill to prevent hoggs going at large within the County of Middlefex Read the fecond tune and Ordered a third Reading A bUl Entituled An Ad to divide thofe parts of the parifhes of Briftol, Weftover and Weyanoak which ly on the South fide of James df Appamattox Rivers from thofe parts of the f* parifhes which ly on the North fide the faid Rivers and to make Prince George County two entire parifhes Read (587) Read the third time with the Amendments Refolved That the BUl with the Amendments do pafs Ordered That the Clerk of the General Affembly carry the faid BiU to the Burgeffes and acquaint them that the CouncU have paffed the fame with fome Amendments to which they defire the Concurrence of that Houfe A meffage from the Burgeffes to the CouncU by M' HoUoway 8c others who brought a BUl Entituled An Ad for regulating df fettling the Current Rates of Gold Coin, and of Britifh mill'd Silver Coin in this Dominion to which they defire the Councils Concurrence. The CouncU Adjourned during pleafure A BILL Entituled An Ad for continuing An Ad Entituled An Act for prevention of abufes in Tobacco fhipp'd on freight and A BUl to prevent Hoggs going at large within the County of Middlefex Were Read the third tune Refolved That the fd two BUls do pafs without Amendment. Ordered That the Clerk of the General Affembly carry y6 faid two BUls to the Burgeffes and acquaint them that the CouncU have paffed them without any Amendment A Meffage to the CouncU by M' HoUoway 8c others who brought a BUl Entituled An Ad for the further Continuing An Adt for laying a duty on Liquors & Slaves and two other Acts Relating to that Act to which they defire the Councils Concurrence And the faid Bill was Read the firft time and Ordered a fecond Reading A biU Entituled An Ad for regulating & fettling y Current Rates of Gold Coin, and of Britifh mill'd Silver Coin in this Dominion Read the firft tune & Ordered a fecond Reading And then the CouncU Adjourned till Tomorrow morning io aclock Tuefday December ye 2ift 17 14 Prefent AS YESTERDAY A BUl Entituled An Ad for relief of perfons who by reafon of the drought of laft Summer have made fmall Quantitys of Corn & Tobacco, and who for want of Opportunity of fhipping have great Quantitys of old Tobacco now by them, and for punifhing perfons who fhall Carry any hogfhead of Tobacco not Stamped, out of this Colony Read the third time with the Amendments Refolved That the Bill with the Amendments do pafs Ordered That the Clerk of the General Affembly carry the faid Bill to the Burgeffes & Acquaint them that the Council have paffed the fame with Several Amendments, to which they defire the Concurrence of that Houfe. A meffage from the Burgeffes that they have Agreed to the Amendments to the faid BUl and had inferted them therein A Bill for Continuing An Act Entituled An Ad for Security and defence of the Country in times of Danger and A (588) A BUl for the further Continuing An Ad for laying a duty on Liquors & Slaves and two other Acts relating to that Act Were Read the fecond tune and Ordered a third Reading A Meffage from the Burgeffes by M' Buckner and others who brought the book of Claims paffed their Houfe to which they defire the Councils Concurrence. A BiU for regulating 8c Settling the Current Rates of Gold Coin and of Britifh mUl'd SUver Coin in this Dominion, and A BUl for the better regulation of the Indian Trade Were Read the fecond tune and Committed for Amendments And then the CouncU Adjourned till Tomorrow morning io aclock Wednefday December 2 2d 17 14 Prefent AS YESTERDAY A Bill for continuing An Act Entituled An Ad for Security and defence of the Country in times of danger, and A BUl for the Further Continuing An Ad for Laying a duty on Liquors & Slaves and two other acts relating to that Act Were read the third time Refolved That the faid two Bills do pafs without any Amendm' Ordered That the Clerk of the General Affembly carry the faid two Bills to the Burgeffes and acquaint them that the CouncUl have paffed them without any Amendment. A Bill for Regulating & Settling the Current Rates of Gold Coin & of Britifh mUl'd Silver Coin in this Dominion Read the third time with the Amendments Refolved That the Bill with the Amendments do pafs Ordered That the Clerk of the General Affembly carry the fd BUl to the Burgeffes and acquaint them that the CouncU have paffed the fame with fome Amendm" to which they defire the Concurrence of that Houfe. A meffage to the CouncU by M' Goodrich and others That the Houfe had agreed to part of their Hon" Amendments to the Bill for dividing thofe parts of the Parifhes of Briftol Weftover and Weyanoak which ly on the South fide of James 8c Appomattux Rivers from thofe parts of the faid Parifhes which Ly on the North Side the faid Rivers, and to make Prince George County two Entire parifhes; and to others had dUagreed, and had propofed fome Amendments of their Own to which they defire the CouncUs Concurrence Upon confideration of the faid meffage RefolvedThat the Council do recede from fome part of their Amendments to the faid BUls, and to others they do infift, and Ordered That the Clerk carry the faid BiU to the Burgeffes and acquaint them therewith A meffage to the Council by M' Goodrich and others that the Burgeffes do adhere to the Amendments by them propofed to the Amendments of the Council to the faid BUl Refolved That the Council do adhere to their Amendments to the faid BUl A (589) A meffage to the CouncU by M' Buckner and others who brought the Treafurers Accompts paffed their Houfe, to which they defire the CouncUs Concurrence. The Council having perufed, paffed the Treafurers Accompts, and The Governor was pleafed to Affent thereto And then the Council Adjourned tUl Tomorrow morning io aclock Thurfday December ye 23d 1714 Prefent THE Governor, The fame Council as Yefterday A BiU for the better regulation of the Indian Trade Read the third time with the Amendments Refolved That the Bill with the Amendments do pafs Ordered That the Clerk of the General Affembly carry the faid BUl to the Burgeffes and acquaint them that the CouncU have paffed the fame with Several Amendments, to which they defire the Concurrence of that Houfe Ordered That the Clerk of the General Affembly carry the following meffage from the Governor to the Houfe of Burgeffes M' Speaker df Gentlemen of the Houfe of Burgeffes Your Addrefs in anfwer [See J. of H. of B., p. 114.] A meffage to the CouncU by M' Buckner and others who brought a Refolve of the Burgeffes for payment of the Officers of this Affembly, to which they defire the Councils concurrence. The faid Refolve being read & confidered, An Addition was made thereto by the CouncU Ordered That the Clerk of the General Affembly carry the faid Refolve to the Burgeffes and acquaint them that the CouncU have made an Addition thereto, to which they defire the Concurrence of that Houfe. The book of publick Claims being read & Confidered Ordered That the Clerk of the General Affembly carry the fame to the Houfe of Burgeffes together with the Following meffage M' Speaker and Gentlemen of the Houfe of Burgeffes Upon confideration [See J. of H. of B., p. 114.] A meffage to the CouncU by M' John Robinfon and others That the Burgeffes cannot agree to the Addition propofed by their Hon" to be made to the Refolve of their Houfe concerning the AUowances to the Officers of the Affembly. Then the CouncU agreed to the faid Refolve, which is as follows Refolved and accordingly Ordered That the money allowances made to the Officers laft Seffion and this prefent Seffion of Affembly be paid the Several perfons to whom the fame is due out of the money arifing by the duty on Liquors & Slaves, next after the money appropriated for the Service & Relief of North Carolina. And that for fo much of y6 Allowances as fhall remain unpaid by the Firft day of February next, there fhall be allowed to the perfons claiming the fame after y* rate of five •$ Cent